On June 02, 2010 a Motion-Secondary was filed involving a dispute between Hagen, Laurance, and 3M Company, 4520 Corp., Inc.,, A & A Mechanical Contractors Inc., A & A Sheet Metal, Aberthaw Construction Company, Acco Engineered Systems, Inc., A.E. Knowles Corporation, Aire Sheet Metal Inc., Air Systems Mechanical Contractor, A.J. Peters & Son, Aladdin Heating Corporation, Albay Construction Company, Allied Painters, Inc., Allied Sprinkler Company, Inc., Anderson, Rowe & Buckley, Inc., Applied Support Systems, Inc., A.R.B. Mechanical, Armaral Plumbing, Associated Insulation Of California, Atlas Heating And Ventilating Company, Ltd., Bailey Plumbing, Heating & Sheet Metal, Barnes Construction Co., Bay Cities Crane And Rigging, Inc., Bayer Cropscience Inc., Bayer Cropscience, Inc.,, B H P Minerals International, Inc., Bigge Crane And Rigging Co., Bragg Investment Company, Inc., B.T. Mancini Co., Inc., Buttner Corp., Cahill Contractors, Inc., Carrier Corporation, Cbs Corporation, A Delaware Corporation, Fka, Cbs Corporation (F K A Viacom Inc., F K A, C.C. Moore & Co. Engineers, Certainteed Corporation, Chevron U.S.A. Inc., Chicago Bridge & Iron Company, Chicago Bridge & Iron Company,, Cleaver-Brooks, Inc., Coastal West Ventures, Inc., Commair Mechanical Services, Conocophillips Company, Consolidated Insulation, Inc., Cooper Brothers, Inc., Corey Contractors, Cosco Fire Protection, Inc., Coscol Petroleum Corporation, Coscol Petroleum Corporation Erroneously Named And, Crane Co., Crowley Plumbing, Crown Cork & Seal Company, Inc., C & R Plastering, Inc., Cupertino Electric, Inc., Dana Companies, Llc, Devcon Construction, Inc., Dillingham Construction, N.A., Inc., Does 1-8500, Domco Products Texas Inc. Erroneously Sued, Domco Products Texas, L.P., Dome Construction Corporation, Douglass Insulation Company, Inc., D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Early Engineering Corporation, Incorporated, East Bay Sheet Metal Works, East Bay Sheet Metal Works, A Dissolved Corp., E.C. Braun Company, Inc., Emerick Sheet Metal Co., Emil J. Weber Electric Co., E. Mitchell, Inc., Enterprise Plumbing, Inc., Erwin Mechanical Inc., Ex- Fm, Inc. (Fka Fischbach And Moore Electric,, Exxon Mobil Corporation, Faye Plumbing, Fdcc California, Inc., Finzel Plumbing Company, Fischbach And Moore, Incorporated, Nka Ex-Fm, Inc., Fluor Corporation, Foley-Pmi, Inc., Foster Wheeler Llc, Foster Wheeler Llc (Fka Foster Wheeler, F.P. Lathrop Construction Company, F.P. Lathrop Construction Company,, Frank Bonetti Plumbing, Inc., Frederick Meiswinkel, Inc., F.W. Spencer & Son, Inc., Garlock Sealing Technologies, Llc, General Cable Corporation, General Electric Company, George F. Schuler, Inc., George M Robinson & Co., George Townsend & Associates, George Wilson Company, Inc., Georgia-Pacific Corporation, Georgia-Pacific Llc, Giampolini & Co., Golden Gate Drywall, Inc., Granite Rock Company, Grinnell Corporation, Grinnell Llc,, Haas And Haynie Corporation, Haas & Haynie Corporation, Hamilton Materials, Inc., Hansen Plumbing And Heating, Hanson Permanente Cement, Inc. Formerly Known As, Harry Lee Plumbing & Heating, H.B. Fuller Company, H & C Investment Associates, Inc., Hensel Phelps Construction Co, Hensel Phelps Construction Co., Herrick Iron Works, Honeywell International, Inc., Honeywell International Inc., Fka Alliedsignal,, Hopeman Brothers, Inc., H.T.R. Enterprises, Inc., Ingersoll-Rand Company, Jacobs Constructors, Inc., James A. Nelson Co., Inc., James Nelson, Johnson Controls, Inc., J.R. Simplot Company, J.T. Thorpe, Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Kentile Floors, Inc., Kent M. Lim & Company, Inc., Kinetic Systems, Inc., Kramer Acoustics, Laub Sheet Metal Works, Leonard Construction Company, Lewis Air & Refrigeration, L.J. Kruse Company, Macarthur Company, Madlem Mechanical, Inc., Marcal Associates, Ltd., Marconi Plastering Company, Inc., Marina Heating & Air Conditioning, Marina Plumbing Company, Mauch Sheet Metal, Mayta & Jensen, Mcguire & Hester Corporation, Mckeon Construction, Mcmillan Brothers Electric, Inc., Metropolitan Life Insurance Company, Monterey Mechanical Company, Norcal Scaffolding, N. P. I. Corporation, N.V. Heathorn, Inc., Oakfabco, Inc., Ocean Shore Iron Works, O.C. Mcdonald Co., Inc., O H I Company, Inc., Oscar E. Erickson, Inc., Owens-Illinois, Inc., Owens Mckeon Construction, Pacific Coast Builders, Pacific Gas & Electric Company, Pacific Mechanical Corporation, Parker-Hannifin Corporation, Parsons Infrastructure & Technology Group Inc., Peerless Stucco Co., Perini Corporation, Perini Land And Development Company, Peter Kiewit Sons, Inc., Peter Lim Construction, Pierce Enterprises, Pierce Lathing Company Dba Pierce Enterprises, Power Refrigeration Company, Powers Process Controls, Quality Air Conditioning, Inc., Quintec Industries, Inc., Raphael Company, Raymond Interior Systems-North, Ray Oil Burner Co., A Dissolved Corporation,, Ray Oil Burner Company, Inc., Republic Supply Company, Rmc Pacific Materials, Inc., Robertshaw Controls Company, Rodoni Becker, Rosendahl Corporation, Rountree Plumbing & Heating Inc., Rudolph And Sletten, Inc., Santa Fe Braun, Inc. As Successor-In-Interest To, Schneider Electric Usa, Inc. (Fka Square D, Scott Co. Of California, Scott Norman Mechanical Company, Scott Technologies, Inc., Sequoia Ventures Inc., S F L, Inc., Shell Oil Company, Sierra Pacific Industries, S.J. Amoroso Construction Co., Inc., Stanford Plumbing, Stolte Inc., Sugden Engineering Co., Swinerton Builders, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The Jack Dymond Company, The Linford Company, Therma Corporation, Therma Mechanical, Thermon Manufacturing Co., Thomas Air & Refrigeration Inc., Thomas Dee Engineering Company, Timec Company, Inc., Tosco Corporation, Tosco Corporation Erroneously Sued And Served As, Trane U.S., Inc., Erroneously Sued As Trane U.S.,, Trane Us, Inc. Fka American Standard, Inc., Turner Construction Company, Tutor-Saliba Corporation, Union Oil Company Of California, University Mechanical And Engineering Contractors,, Valley Sheet Metal, Van-Mulder Sheet Metal, Inc., Vogel & Associates, Walnut Creek Sheet Metal, Furnace & Air, Washington Group International, Inc., Western Allied Corporation, Western Asbestos Company, Western Insulation, Inc., Western Macarthur Company, Western Plumbing & Heating Co., Inc., W.G. Thompson, Inc., Wheatley-Jacobsen, Inc., Williams & Burrows, Inc., Wilson Construction Company, W.L. Hickey Sons, Inc., Wright Schuchart Harbor, Wright Schuchart Harbor Company, Yamas Controls Group Inc., Zurn Industries, Llc, for ASBESTOS in the District Court of San Francisco County.
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FILICE BROWN EASSA & McLEOD LLP SUSAN A. OGDIE (SBN: 050016) 1999 Harrison Street, Eighteenth Floor Oakland, California 94612-3541 ELECTRONICALLY Tel: (510) 444-3131 FILED Fax: (510) 839-7940 Superior Court of California, County of San Francisco Attorneys for Defendant AUG 25 2010 COSCOL PETROLEUM CORPORATION Clerk of the Court BY: RAYMOND K. WONG Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMMITED JURISDICTION LAURANCE HAGEN, Case No, CGC-10-275582 Plaintiff, DEFENDANT COSCOL PETROLEUM CORPORATION’S OBJECTION TO PLAINTIFF'S OFFER TO COMPROMISE v. PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 998 ASSOCIATED INSULATION OF CALIFORNIA, et al., Complaint filed: June 2, 2010 Defendant. Defendant COSCOL PETROLEUM CORPORATION, erroneously named and served as “COASTAL WEST VENTURES, INC.,” objects to the “Offer to Compromise Pursuant to C.C.P. §998” made by Plaintiff LAURENCE HAGEN in the matter of Laurance Hagen v. Associated Insulation of California, Inc., et ai., San Francisco Superior Court Civil Action No. CGC-10- 275582, on the grounds that said Offer fails to comply with the requirements of California Code of Civil Procedure Section 998 in that said Offer is premature and not made in good faith, because this defendant does not have sufficient facts or information to determine if the Offer to Compromise is reasonable. -]- DEFENDANT COSCOL PETROLEUM CORPORATION'S OBJECTION FO PLAINTIFE’S OFFER TO COMPROMISEThis lawsuit was filed only on June 2, 2010 and was not served on COSCOL PETROLEUM CORPORATION until July 13, 2010. This defendant had only just answered the Complaint when, on August 17", 2010, Plaintiff, through his counsel, served his “Offer to Compromise Pursuant to C.C.P. §998” directed to “COSTAL WEST VENTURES, Inc.” The same purported “Offer to Compromise Pursuant to C.C.P. §998” was served simultaneously on 153 other defendants, the overwhelming majority of which, according to this Court’s Docket Sheet for Case No. CGC-10-275582, have not even appeared in this action. Indeed, no discovery of any kind has been conducted in this case to date, because there has been no time for such activity. There are, accordingly, no verified discovery responses by Plaintiff to the San Francisco General Order Set One Interrogatories and no responses at all to the General Order Set Two or Friction Interrogatories; no case specific discovery generated by defendants to Plaintiff and no responses by Plaintiff to such case specific discovery; no documents have been produced by Plaintiff, only limited record authorizations have been produced to Berry & Berry, while Berry & Berry has had no time to actually secure any records pursuant to the limited authorizations that have been forthcoming. No depositions have been scheduled, much less taken, including that of Plaintiff himself —a deposition critical to evaluating the merits of the causes of action asserted against any defendant and to the ability to assess the range of recoverable damages (if any) this action may produce. In short, no discovery, which ts essential for an objective and meaningful evaluation of both the merits of this particular case and of the Offer to Compromise, has been performed in this case to date. COSCOL PETROLEUM CORPORATION has not even had the opportunity to begin conducting the discovery and investigation necessary to determine the factual accuracy of the allegations of the Complaint, including, but not limited to, locating and interviewing witnesses to Plaintiff's purported work on defendant’s property, and true and living witnesses to Plaintiff's other alleged exposure situations; and appropriate and thorough review by qualified medical experts of Plaintiff LAURANCE HAGEN’s medical records. An Offer to Compromise made, as is the Offer in this case, with the knowledge that substantial information, necessary for proper evaluation of the Offer, is in the process of being -2- DEFENDANT COSCOL PETROLEUM CORPORATION'S OBJECTION TO PLAINTIFF'S OFFER TO COMPROMISEOM ms RON = 5 developed and is not currently available to the recipient is not made in good faith and is invalid under California Code of Civil Procedure Section 998. (Elrod v. Oregon Cummins Diesel, Inc., (1987) 195 Cal.App.3d 692.) Moreover, an Offer to Compromise, which is made simultaneously to 154 defendants and which consists of the identical demand of “$24,999.00” to a whooping 142 of those defendants, reveals on its face that it is not made based on any legitimate investigation or on any established facts, nor is it made with any reasonable expectation that such demands will be or even should be accepted. On the contrary, such an Offer to Compromise makes a mockery of, and is designed to subvert, the intent and purpose of C.C.P. Section 998. Additionally, this Offer to Compromise is not made at a time or under circumstances that could lead to objective and reasoned decisions in terms of settlement evaluation when questions, for example, concerning whether Plaintiff LAURANCE HAGEN has any physical impairment that, medically or biologically, could be attributed to the causes he has proffered, or whether Plaintiff has suffered any economic or non-economic damages, given his past and current employment and medical history, remain unresolved. An Offer to Compromise under Code of Civil Procedure Section 998 made under such circumstances cannot be one deemed to have been made in a reasonable and good faith expectation of acceptance. DATED: August 25, 2010 FILICE BROWN EASSA & McLEOD LLP AN A. OGDIE Attorneys for Defender COSCOL PETROLEUM CORPORATION (erroneously named and served as “COASTAL WEST VENTURES, INC.”) 3. DEFENDANT COSCGL PETROLEUM CORPORATION’S GBJECTION TO PLAINTIFF'S OFFER TO COMPROMISECO OM SD A HW & WwW hw PROOF OF SERVICE Laurance Hagen y, Associated Insulation of California, et al. San Francisco Superior Court Case No, CGC-10-275582 lam a citizen of the United States, over 18 years of age and not party to the within action. I am employed in the County of Alameda; my business address is 1999 Harrison Street, Eighteenth Floor, Oakland, California 94612-3541, On the date listed below, I served the within documents: DEFENDANT COSCOL PETROLEUM CORPORATION’S OBJECTION TO PLAINTIFF'S OFFER TO COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 998 On all parties in this action, as addressed below, by causing a true copy thereof to be distributed as follows: Ron G. Archer, Esq. Attorneys for Plaintiff BRAYTON®PURCELL 222 Rush Landing Road. P.O. Box 6169 Novato, CA 94948-6169 Tel: (415) 898-1555 (VIA MAIL & LEXIS NEXIS E-SERVE) ALL COUNSEL VIA ELECTRONIC TRANSMISSION (SEE PLAINTIFF’S SERVICE LIST PROVIDED TO LEXIS NEXIS) lam “readily familiar” with the firm’s practice of collection BY MAIL: and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal service on that same day with postage thereon fully prepaid in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if pestal cancellation date or postage meter data is more than one day after date of deposit for mailing in affidavit. [x] I caused a true and correct copy of such document(s) to be VIA ELECTRONIC electronically served on counsel of record by transmission SERVICE t0 Lexis-Nexis File and Serve. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 25, 2010 in Oakland, California. Gi J. Hastings 4 4. DEFENDANT COSCOL PETROLEUM CORPORATION’S OBJECTION TO PLAINTIFF'S OFFER TO COMPROMISE