Motion,Ex Parte: LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA

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                                BRAYTON@ PURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

POBOX 6159
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

DAVID R. DONADIO, ESQ., S.B. #154436

BRAYTON®PURCELL LLP

Attorneys at Law ELECTRONICALLY
222 Rush Landing Road

P.O. Box 6169 FILED

Superior Court of California,
(415) 898. atten ia 94948-6109 County of San Francisco
Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com SEP 15 2010
Clerk of the Court
BY: RAYMOND K. WONG
Deputy Clerk

Attorneys for Plaintiff

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

LAURANCE HAGEN, ASBESTOS
No. CGC-10-275582
Plaintiff,
) DECLARATION OF JEREMY DE LA
YS. } TORRE IN SUPPORT OF EX PARTE
APPLICATION FOR ORDER DIRECTING
ASSOCIATED INSULATION OF ) SERVJCE OF SUMMONS ON DEFENDANT

CALIFORNIA; Defendants as Reflected C.C. MOORE & CO, ENGINEERS, BY
on Exhibit | attached to the Summary DELIVERY OF PROCESS TO SECRETARY
Complaint herein; and DOES 1-8500. OF STATE

[C.CP. § 416.20(b); Corp. Code § 201);
Former Corp. Code § 3305]

Date: September 16, 2010
Time: 11:00 a.m.

Room: 220, Hon. Harold E. Kahn
Trial Date: N/A

Case Filed: June 16, 2010

I, Jeremy De La Torre, declare and state as follows:

1. Iam over the age of 18,.am not a party to the within action, and am employed with the
law firm of Brayton%*Purcell LLP. I make this declaration in support of plaintiffs’ application
for Order allowing service of CC. MOORE & CO. ENGINEERS, to be made by delivery of
process to the California Secretary of State.

2. Plaintiff filed a complaint for personal injuries arising out of plaintiffs exposure to
asbestos and/or asbestos-containing products. C.C. MOORE & CO. ENGINEERS is a named

defendant in this action.

Eiuieetiot 123iphDEC-ISD COMOOR CASOS.wpd

1

BCLARATION OF JEREMY DE LA TORRE IN SUPPORT OF EX PARTE APPLICATI
SERVES OF SUMMONS ON DEFENDANT C.C. MOORE & CO. ENGINEERS, BY D!
SECRETARY OF STATE

ION FOR ORDER DIRECTING
ELIVERY OF PROCESS TOi

Ww Rom

4

oe Oe NY AY FR Ow ON

3. [checked Google.com for any possible hits for Defendant by typing in the name C.C.
Moore & Co. Engineers and received 179,000 possible hits for websites containing those five
words. When I performed the same searches on Bing.com and Yahoo.com, it resulted in
2,370,000 hits and 424,000 hits, respectively.

4. Trefined the search at Google.com, Bing.com and Yahoo.com by using the function to]
require all words to be in the exact order, this is done by placing quotation marks on either side
of the phrase.

5, There were no webpage of news results for the specific "C.C. Moore & Co. Engineers”
search on any of these major search engines. I conducted similar searches at each website
replacing “&” for “and”, and “Co.” for “Company”, in all possible combinations but it did not

produce any resulting web pages or news stories despite this effort.

6. A fellow Brayton Purcell LLP staff member ordered and received all the corporation
documents on file with the California Secretary of State. ‘These included the Articles of
Incorporation from 1926. -

7. The Documents received from the California Secretary of State are as follows:

* Articles of Incorporation (filed January 13, 1927)

A true and accurate photocopy of these documents are attached hereto as Exhibit “A ” and
incorporated herein by this reference. (Exhibit attached are best copies available, as documents
are from 1926 era.) :

8. I checked the business search function of the California Secretary of State website
(http://www.ss.ca.gov) and searched for “C.C. Moore & Co. Engineers”. I found no match.

9. Asa double check, I checked Lexis/Nexis website {http://lexis.com) and used its
corporate filings seatch fimetion. Lexis had one match from the CA secretary of State. The dates
matched those of the records we ordered from the California Secretary of State. No names or
addresses were available.

10. I carefully reviewed these documents (Exhibit “A”) and identified therein five (5)
persons whose names appear somewhere on these documents. These persons were identified so

that they could be found because they are either former directors or officers of the corporation,

KAbyjuced.t0812piADEC.ISD COMOOR CASOS wd 2
DECLARATION OF JEREMY DE LA TORRE IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING
SERYIGE RE SUMMONS ON DEFENDANT C.C. MOORE & CO. ENGINEERS, BY DELIVERY OF PROCESS TO.yw wm YW DA A & WwW WN

and thus could be served with process, or they are former shareholders of the corporation, and
thus persons who might assist in locating any former directors or officers.
11. The following are the details of my attempt to locate and contact these 5

Name: Chas. C. Moore aka Charles C. Moere

Association with Defendant: Identified as President and a Director in the 1927 filings

Identifying information: Articles of Incorporation state his address as San Francisco,
California...
Conclusion based on my search: Deceased. No successor identifiable given lack of

available information.

Search Results: used “Google.com” to search the name with no direct matches.

Lalso searched 4] 1.com.com but I did not find any information to assist in locating Mr.
‘Moore. .

Lalso looked on Lexis.com and Comprehensive Person Report which holds information or
millions of Americans sourced from records including telephone directories (white pages), Social
Security death records from the Social Security Administration, Bankruptcy Filings, Concealed
Weapon Permits, DEA Registrants, Driver's License, Employment Record, FAA Aircraft and
Pilot Records, Federal Firearms and Explosives, Accident reports, Foreclosures, Hunting and

Fishing Licenses, Judgment and Liens, Motor Vehicle Records, Professional License Records,

Real Property Filings, UCC filings, Voter Registrations and Watercraft registration.
I did find that using the Social Security Death Master Search feature Mr. Charles C. Moorg

was born June 1898 and is deceased as of September 15, 1987.

As to this person, | am unable to inquire with relatives because the Secretary of State documents

do not provide any clues as to the name, address or whereabouts of such relatives.
Given these results I was unable to further explore this avenue of investigation.
Name: Elgin Stoddard
Association with Defendant: Identified as a director in the 1927 filings.
Identifying information: Address provided as San Francisco, California

it

Klee 10812 ApAADEC-ISD CCMOOR CASOS ps
“DECLARATION OF JEREMY DE LA TORRE IN aE OF EX PARTE APPLICATION FOR ORDER DIRECTING

SERVICE OF SUMMONS ON DEFENDANT C.C. MOORE & CO. ENGINEERS, BY DELIVERY OF PROCESS TO
SECRETARY OF STATEwo wo nN A A e WN

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28

Conclusion based on my search: Unable to locate. Would be over 100 years old if alive.
INo successor identifiable given lack of available information.

Search Results: [ also looked on Lexis.com and used its Comprehensive Person Report to
search for Elgin Stoddard. I could find no listing for any “Elgin Stoddard” in the State of
California. This is not surprising when considering that date of incorporation was 1927, and the
fact that he was an adult and a director of a corporation, even assuming he as 18 years old at the
time, Mr. Stoddard would have to be at least 100 years old. Searching Lexis.com nationwide for
all persons named “Stoddard” with the first initial “E”, resulted in 143 persons, however none of
these persons were born before 1909 (the latest possible birth date based assumptions above.)

Talso searched Google.com, Bing.com, Yahoo.com and 41 1.com and I did not find any
information to assist in locating Mr. Stoddard or confirming his death.

Also, I am unable to inquire with relatives of Mr. Stoddard because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives. For
instance, these records do not provide a last known address for any of these individuals.

Name: Burke Corbet

Association with Defendant: Identified as a Director in the 1927 filings.

Identifying information: Mr. Corbet is identified as a director in the Articles of
Incorporation from 1927. Address provided is San Francisco, California.

Conclusion based on my search: Unlocateable. No successor identifiable given lack of
available information. ,

Search Results: Assuming, as I have with Mr. Stoddard, above, Mr. Corbet would have to
be at least 100 years old if still alive. Searching Lexis. com for all persons named “Burke
Corbet” in California I identified no direct matches fitting this time frame. Searching Lexis.com
nationwide for all persons named “Corbet” with the first initial “B”, resulted in 270 persons,
lhowever none of these persons were born before 1909 (the latest possible birth date based
assumptions above) nor do they have matching names to Mr. Burke Corbet fitting this time frame.

Lalso searched Google.com, Bing.com, Yahoo.com-and 411.com and I did not find any

information to assist in locating Mr. Corbet or confirming his death.
K.Alpjured\108 123splQDEC-JSD CCMOOR CASOS. 4
DECLARATION OF JEREMY DE LA TORRE IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING

SERVICE OF SUMMONS ON BEFENDANT C.C.MOORE & CO. ENGINEERS, BY DELIVERY OF PROCESS TO.
SECRETARY OF STATEAlso, | am unable to inquire with relatives of Mr. Corbet because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives. For
instance, these records do not provide a last known address for any of these individuals.

Name: Albert W. Potts

Association with Defendant: Identified as a Director in the 1927 filings.

Identifying information: Mr. Potts is identified as a director with an address of San
Francisco, California. No telephone number, date of birth or any other personal, identifies found
lin the Secretary of State Records.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: Searching Lexis. com’s Social Security Death Records for all persons
named “Albert W. Potts” J identified only one person fitting this time frame. According to Lexis,
Albert W. Potts was born in March 1901 and died in August 1993.

Talso searched Google.com, Bing.com, Yahoo.com and 41 1.com and I did not find any
information to assist in locating Albert W. Potts or confirming his death.

Tam unable to inquire with relatives Albert W. Potts because the Secretary of State

documents do not provide any clues as to the name, address or whereabouts of such relatives. For|

instance, these records do not provide a last known address for any of these individuals.

Name: Lillian M. Moore

Association with Defendant: Identified as a director in the 1927 filings.

Identifying information: The address provided is San Francisco, California

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: Searching Lexis for “Lillian M. Moore.” in California I identified that
(Lillian M. Moore was born in November 1897 and died June 4; 1991.. I also searched 411.com
and Google.com and I did not find any information to assist in locating Lillian M.Moore or
confirming her death. I believe Lillian M. Moore is deceased.
vit

KMgjured\108123\pADEC-ISD CCMOOR CASOS,
DECLARATION OF JEREMY DE LA TORRE IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING
SERVICE OF ouMMoNS ON DEFENDANT C.C, MOORE & CO. ENGINEERS, BY DELIVERY OF PROCESS TO.Jam unable te inquire with relatives of Lillian M.Moore because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives. For
instance, these records do not provide a last known address for any of these individuals for if they
did, [might be able to search the subsequent ownership of the property to learn if the subsequent
lowner is a relative. Likewise, without any last known address, J am unable to inquire with
neighbors about the whereabouts of the person.

12. Defendant did not name an agent for service of process in the Articles of
Incorporation Defendant did not name a Trustee. (See attached Exhibit “A”) .

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed “\S-lo at Novato, California.

Jeremy Della Torre

esl OE AADC BB COOH CADE 6
IN OF BLA TORRE IN SUPPORT OF EX a ARTE, APPLICATION FOR ORDER DIRECTIN

SERVI Or SUMMONS ON DEF
SECRITARY OF STATE ENDANT C.C. MOORE & CO. ENGINEERS, BY DELIVERY OF PROCESS TO- EXHIBIT A1, BILL JONES, Secretary of State of the State of California,
hereby certify:

That the attached transcript of 5 page(s) was
prepared by and in this office from the record on file, of ©
which it purports to be a copy, and that it is full, true
and correct.

IN WITNESS WHEREOF., i execute this
certificate and affix the Great Seai of
the State of California this day of

JUL 11 2000

Secretary of State

EXHIBITSOREP BELAY
44M uanees

fur whe purcoae of Dorming a

tee laws of the Stute of Califor

SECOND: That She purpeses for whith said sorsorae

ticn 4a forced, and the cueiness it may engege in nee as fol-

{a) To suvchase, own, sell, mortgage, lease, inprive,
operate, develop, and cultivake real property;

{u) To purchase, own, sell, zortgage, hypes

: pledge, svi lepse personal property of every kind;

‘ ateck in other correrations, and to exercise all extort

maw Ra be at”

(ec) To purchase, own, end soll snares of capital

She same and all powers thereander inciient to the posses

sien

ang ofsership thereof;

{4) To accept and receive gifts, devises, smi te~
quests af toth real and ocrsonal croperty;

{@) To act as trustes under doeds of trust given
solely for the purpese of securlag cblilvaticnsa for the repay=

vient of cnoney, other than corper.tion bends;

mescnandisisa, lunbaring, co

{g) To ae6 a3 ueeat, foezes, we atboun

persons sr copgecations, in ony act, matter, traneastica,
ov tuginess of any kedud zoucatev.sy

(SARS OSTREAM OER MRI ST NR OR ICCRERS & CLLEY
aan granginco

« without the Unitea States of Amert

Crs

oy

operated by

the sane be

minds, sinka: ceeresty,

atations, or any other cusiness +

the sane are ncl specifically mentioned or .cverred ts

articles of Incorsoration;

(4) Any or all of said purposes may be eu:

elther within or without the State

sligernia, or within o>

That the place where the orinetpal business
of said corporation is to te transacted da in She City und

county of San Francisco, State of California.

FOURTH: That the term for which said corporat

to exist shall te fifty (50) yours, from and after

ta

its incorporation. \

Ghat the number 3° its Directors

(5), and the names and places cf residence of those who ure op

pointed for the first year, u.d until creir successors er¢

slected and qualified are oa follows, to-wit:

Hanes. ENCES.
“Chas. 0, Xcore, Sen Francisco, California;
Blgin Stoddard, San Francisco, California;

Burke Corbet, : Foanciaco, California;
Alvert Ti, Potts, . dan Francisco, Callforrta;

Lillian 4, Moove, Son Sranchico, Callrornia.

2 eupitel steve of

SIXTH: That the
ahh

Tellers (1, c¢0,cLe.cc).

sald corporstion cons be Ste 2sreaet a sume
Sam ewaAriECE

Bunar. .

sun abech;.

toby whom the same his teen suguerlbed, and the mumbter of
3 .
! and amount e:bseribed by ca-h are as follows, toewib:
3 :
_ NAMES .
5
3

5 Elgin Stoddard,
? Burke Corbet,

1 share,

nn0F, «2 have hereunto set cur hands

end senis, this 24t

ihe Hecks
of pecan : Dy ere (Leu)aa
se

Le.
on this #) er cay of De aes

year 4, 2. 192%, vefore mo, Coc ck Syst

' Public in and for said City and County and Svate,

peslilng taerein, duly commissioned and sworn, personally

1 tera ae

SOnsey ns atiey *

BAN reAne'ecD

Wa POTIC, and. LILLI..

appeared CHAS. C. XCORE,

MCC? . . known ta me

to be the persona whose nomes are subserived to the within
instrument, and acknowledgeu to me that they execuced the 41.2,

TH WITHESS AGRECE, I have hereunto set oy hand and
affixed my offical seal, the day and year in this certificate
first atove written.

Ro
eA cb. Qnty S\Xor ke

‘Notary Public in and for the

City and County of San Franecisce,

State of Californi:.Sore
Se

G. MOORE & GO. ENGINEERS

Ta tho Office of she yf 8
Of THE STATE oF Caurrcaate

J 13 1997

pes iio
npm or
tates OD By

a

CORBET & SELBY

ATTORNETS® AT Laer
1202 Ceosuom Fron Maruman tase Bones
ean Prascreon Catei STATEMENT BY DOMESTIC CORPORATION
THIS STATEMENT MUST SE FILED WITH CALIFORNIA SECRETARY QF STATE (SECT. 3301, CORPORATIONS CODE).
PLEASE READ THE INSTRUCTIONS ON THE BACK OF THE FORM BEFORE COMPLETING

THE CORBFCRATION NAMES HEREIN ORGANIZE UNDER THE LAWS. OF THE STATE OF CALIFORNIA, MAKES

THE FOLLOWING STATEMENT:
TADOREST A LGUATIN 56 TH FHMGINAL OFFICE

AE DUNTY

THE NAMES OF THE FOLLOWING OFFICERS ARE

3
PRESIDENT:
ont oe von Lee
7h i Jao

& ON QO NOT . .. Bh GSDe

Ce
VICE-PRESIDENT:

nes Nee

eo

Best copy available’

PULASE DO HOT ALTLA Tt CHL POLY,FILED SBAZiFICATE OF SLECTION T2 DISSOLVE
te the office of On treretery of S07 .

of tha Soto of Caltterntc
SEP 30 1964 oF
REO, 4 He
Dopet ce c. KOORE & CO. ENGINEERS

The undersigned, THE BABCOCY & WILCOX COMPANY,

a New -ersey corporation, being the sole shareholder of

o. 3. SCORE & OO. ENGINEERS, ‘a corporation duly organized =
ana existing under the laws of Californi:. solding or Lb
representing ali of the voting Fower 7: corporation,
aces hereby certicty:
F1aSf: Chat saia c. o. BOOK, wwe.
has elected to wind up and dissolve,
SevOND: The musber oc. ghares c: 0+... :orporation

enich consented {n writings to tne @lec.. =: sissolve

; was 26,557 shares Commen, and the tota:

outstanding shares the holders of which avre er. itled

consent te the election to dissolve

2€,a07 shares
RMON.

THERD: The shareholder subscribing "his certificate
was authorized to execute the certificate 3 share-
holders holding or representing all of the voting power

of said corporation.

IN WIINESS WHEREO?, -he undersigned have executed

CKHIBIT E>Stalh CF SER LChn

Se

COUNTY Of NEW YOR

x

Ghat ine mutters set icrth in the foreec.ng certifica:.

is own -nowledes,

crat,

Subscrileu anu gaorn tc
before me this Scorn day of
September, 1964.

Notary Pub
woe
winy # TESLE oe

os CANTWELL and MAATIN VICTOH, betng duty
me reyerally eworn, e#c8 for nlnse 2, derases and says:
he, the sobs Ae os JANTRELL is a +loe Prestaent aad

said MARTIN VICTOR, Ls the

the

are

secretary

TAM SLLOGN ICMPANY, a New Jersey corporation, antitris ctertifteate this acth day cf Segtemter, L-€

THE BABCOCK & WILCOX COMPANY

“AND CoxPPROLLER
ey -
and ~L-
RARTIN VICTOR, SECRETARY
Snareholcer of the corcoration 've J. BOUKE & CO, ENGINES ZS

69 unuersisned oo hereby certify tnat they are a

opity of the directors of C. C. SCORE & CO, ENGINEERS,

a Cailfornta corvorattion; and they further certify ana stage

Fi.a82:

eeyoent

0

i: gabts ang ifabliities naar heen sade in trat

“LE UABIOCR & ELLCOA COkPANY, a New cersey corporation.

fess is .¢l Zast ¢@na Street, New Yors, N.Y. llai7,

WEOSO 5
nas assumed payment of ail «nown debts ana llabllities of
co. 0. NOONE & co. ENGINEENS.

THIRO: Tha. all «ncwn assets of said corporation

been oistribured to sharenolaer:.

IM WITNESS WHEAZOF, the undersigned have executed

this certificate this Ath day of September, L9Gi.

é SAG ert

EyH aT E A zajority or DirectorsStare CF NEW YO:
Sst

Ve

INTY OF NEW YO

v. BP. CRAVEN and 2. vo. CANTWELL, tetng duly and
revera,iy sworn, each for himself. ceposes and says: fhat
ne ts one of the directors of SC. OC. wGORE & CO. ENG! NEEGE
ane tbat he nus reac the Toregatng certificate and that
the tatters set Torth in the sald certificate are true

cY their own know.eage.

ve PL OUTavas, DIRECTO

Laotartial Leal) oo, ‘
NM Veo AA

S.bserited and sworn to tervore
se tals Sith day of Sep .

Lea bedi emg
otary_. te

MARY £ TEAGUE
Paste. Sais ot Neo Yortt