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  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview 
						
                                
Preview

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Eugene C. Blackard Jr, (Bar No. 142090)

ARCHER NORRIS

A Professional Law Corporation

2033 North Main Street, Suite 800 ELECTRONICALLY

Walnut Creek, California 94596-3759 FILED

Telephone: 925.930.6600 Superior Court of California,

Facsimile: 925.930.6620 County of San Francisco

Atto for Defendant - SEP 02 2010
rneys lor etendan' Clerk of the Court

ALBAY CONSTRUCTION COMPANY BY: JUDITH NUNEZ

Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

LAURANCE HAGEN, Case No. CGC-10-275582

Plaintiff, OBJECTION TO PLAINTIFF’S OFFER

TO COMPROMISE PURSUANT TO C.C.P.
vy. SECTION 998

ASSOCIATED INSULATION OF Action Filed: June 2, 2010
CALIFORNIA et al.,

Defendant.

Defendant Albay Construction Co. hereby objects to plaintiff's Offer to Compromise,
pursuant to Code of Civil Procedure §998, on the ground that the offer is premature since
defendant does not have sufficient facts to determine if plaintiff’ s offer is reasonable.

Code of Civil Procedure §998 was enacted to encourage settlement, but a party is not
expected to accept an offer which was not made in good faith, Elrod v. Oregon Cummins Diesel,
Ine. (1987) 195 Cal.App. 3d 692, 698-699. In order to determine if an offer is reasonable, the
court looks to see what information is known, or is readily known, to the offeree. Id. at 699, Ifa
party makes a CCP §998 offer with the knowledge that the offeree lacks information to evaluate
the offer, then the offer was not made in good faith. Jd. at 700. The court in Elrod found that an

offer was invalid under §998 if it was not made in good faith.

ALB179/1009021-1

OBJECTION TO PLAINTIFF'S OFFER TO COMPROMISE PURSUANT TO C.C.P. SECTION 998In this case, plaintiff has failed to show that he was exposed. to asbestos while working at
any site at which products manufactured or supplied by Albay Construction Co. may have been
present. This offer is premature. Insufficient discovery has been completed to provide defendant
Albay Construction Co. sufficient information to evaluate this case, including, but not limited to,
plaintiff's deposition. At this point, it is unclear whether plaintiff was ever at any work site at
which Albay Construction Co, was acting in an y capacity, asbestos-containing or otherwise.
Without this information, Albay Construction Co. is not able to evaluate its potential liability.

Defendant Albay Construction Co. lacks the requisite information to determine the
reasonableness of plaintiff's offer. Therefore, plaintiff's offer to compromise is lacking in good

faith and is invalid.

Dated: August __ / 2010 ARCHER NORRIS

Silo

EyéGene C. Blackard
ttorneys for Befendant
ALBAY CONSTRUCTION COMPANY

ALBI79/1009021-1 2
OBJECTION TO PLAINTIFF’S OFFER TO COMPROMISE PURSUANT TO C.C.P. SECTION 998_

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PROOF OF SERVICE

Name of Action; Laurance Hagen v. Associated Insulation of California et al.
Court and Action No: San Francisco Superior Court Action No, CGC-10-275582

1, Rakia V. Grant-Smith, declare that 1 am over the age of eighteen years and not a party to
this action or proceeding. My business address is 2033 North Main Street, Suite 800, Walnut
Creek, California 94596-3759. On ‘Ofe 2010, I caused the following document(s) to
be served: OBJECTION TO PLAIN: 3 OFFER TO COMPROMISE PURSUANT TO
C.C.P. SECTION 998

oO by placing a true copy of the document(s) listed above, enclosed in a sealed envelope,
addressed ag set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. | am readily farniliar
with this business’ practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service with postage fully prepaid,

Oo by having a true copy of the document(s) listed above transmitted by facsimile to the
person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission
was reported as complete without error by a report issued by the transmitting facsimile
machine.

O by having personally delivered a true copy of the document(s) listed above, enclosed in
asealed envelope, to the person(s) and at the address(es) set forth below.

oO by having personal delivery by of a true copy of the document(s)
listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set
forth below. ‘

o by placing a true copy of the document(s) listed above, in a box or other facility
regularly maintained by , an express service carrier, or delivered to a
courier or driver authorized by the express service carrier to receive documents, in an
envelope designated by the express service carrier, with delivery fees paid or provided
for, addressed as set forth below.

[x] I electronically served the above referenced document(s) through LEXIS NEXIS. E-
service in this action was completed on ail parties listed on the service list with LEXIS
NEXIS. This service complies with the court's order in this case.

{ declare under penalty of perjury that the foregoing is true and correct, Executed on
go [ Bs» 2010, at Walnut Creek, California.
Rakia V. Grant-Smith
ALB179/1009021-1 3

OBJECTION TO PLAINTIFF’S OFFER TO COMPROMISE PURSUANT TO C.C.P. SECTION 998