On June 02, 2010 a Miscellaneous 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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ve oe WA Hh B BN BoM NR ON OR ON NR NR ROS Be Se Be eo So wz aA mh Ss BN Se SO BPA DAH BR WKH KF S Eric R. Haas, State Bar No, 073947 Ulla M. Pajala, State Bar No. 184130 BURNHAM BROWN ELECTRONICALLY A Professional Law Corporation P.O. Box 119 FILED Oakland, California 94604 Superior Court of California, “ is County of San Francisco 1901 Harrison Street, 11th Floor AUG 24 2010 Oakland, California 94612 Clerk of the Court Telephone: (510) 444-6800 BY: VANESSA WU Facsimile: (510) 835-6666 Deputy Clerk Attorneys for Defendant EAST BAY SHEET METAL WORKS, a dissolved corporation SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION LAURANCE HAGEN, No. CGC-10-275582 Plaintiff, OBJECTIONS OF DEFENDANT EAST BAY SHEET METAL WORKS, a vy, dissolved corporation, FO PLAINTIFFS’ CCP § 998 OFFER TO COMPROMISE ASSOCIATED INSULATION OF CALIFORNIA; Defendants as Reflected on _ Exhibit | attached to the Summary Complaint Complaint Filed: June 2, 2010 herein; and DOES 1-8500, Defendants. Defendant EAST BAY SHEET METAL WORKS, a dissolved corporation (“EBSMW”), hereby objects to Plaintiff LAURANCE HAGEN’s (“Plaintiff”) Code of Civil Procedure Section 998 Offer to Compromise on the grounds that the offer is premature and not made in good faith and compliance with the intent of Code of Civil Procedure section 998 to settle the action in good faith. Instead, Plaintiff's offer is device to shift costs to EBSMW without justification. Plaintiff knows that EBSMW does not have sufficient facts or information to determine if Plaintiff's offer is reasonable. Code of Civil Procedure section 998 was enacted to encourage settlement of lawsuits before trial, and to punish parties which fail to accept a reasonable offer. T._M. Cobb Company 1 DEFENDANT EAST BAY SHEET METAL WORKS, a dissolved corporation’s CGC-09-275582 OBJECTION TO PLAINTIFFS’ CCP § 998 OFFER TO COMPROMISEwe WA HW eB BH Ne RN RB RR MR ON NR Boe Be Be Re Be Be eB Se oe RBRRRPRRBE BEER BEEBE EE y. Superior Court, 36 Cal.3d 273, 280 (1984). However, parties are not expected to accept an unreasonable offer, or an offer which is not made in good faith. Elrod vy. Oregon. Cummins Diesel, 195 Cal.App.3d 692, 698-699 (1987). The reasonableness of an offer is determined by the information known, or the information that reasonably should have been known, to the offeree. Id, at 699. Ifa party makes a Code of Civil Procedure section 998 offer with the knowledge that the offeree lacks the information necessary to evaluate the offer, the offer is not made in good faith, Id, at 700. Accordingly, an offer that is unreasonable and made with a lack of good faith is invalid as a Code of Civil Procedure Section 998 Offer to Compromise. Id. at 698-699. In this case, insufficient discovery has been completed to enable EBSMW to accurately analyze the reasonableness of Plaintiff's offer to compromise, EBSMW was recently served with Plaintift’s Complaint, which was filed on June 2, 2010. Plaintiff has only provided unverified responses to Standard Asbestos Interrogatories, Set One. EBSMW cannot propound , its Special Interrogatories to Plaintiff until after Plaintiff's responses to Standard Asbestos Interrogatories, Set Two, are received. There is no date for Plaintiff's deposition. No discovery has been done of medical and other issues on the subject of expert testimony. No depositions of Plaintiff's co-workers have been taken by any defendant in this case. Finally, Plaintiff's expert witnesses remain unidentified and/or undisclosed. Plaintiff’s Code of Civil Procedure Section 998 Offer cannot have been intended as a good faith effort to settle the case, as Plaintiff has not provided EBSMW with any specific information in support of the broad general claims against it in the complaint. Therefore, Plaintiff's offer is invalid as a Code of Civil Procedure Section 998 Offer to Compromise, and fails to effectuate the policy of encouraging settlement of lawsuits in good faith prior to trial. DATED: August aa , 2010 BURNHAM BROWN : Rete Pane te ULLA M. PAJALA Attorneys for Defendant BAST BAY SHEET METAL WORKS, a dissolved corporation 1025844 2 DEFENDANT EAST BAY SHEET METAL WORKS, a dissolved corporation’s CGC-09-275582 OBJECTION TO PLAINTIFFS’ CCP § 998 OFFER TO COMPROMISERe: Laurance Hagen v. Associated Insulation of California, et al. Court: San Francisco Superior Action No: 275582 PROOF OF SERVICE BY ELECTRONIC TRANSMISSION I declare that I am over the age of 18, not a party to the above-entitled action, and am an employee of Burnham Brown whose business address is 1901 Harrison Street, 11" Floor, Oakland, Alameda County, California 94612 (mailing address: Post Office Box 119, Oakland, California 94604). On the date executed below, I electronically served the following document(s) via LexisNexis File & Serve as described as: OBJECTIONS OF DEFENDANT EAST BAY SHEET METAL WORKS, a dissolved corporation, TO PLAINTIFFS’ CCP § 998 OFFER TO COMPROMISE on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve website. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and was executed on August uv, 2010, at Oakland, California. Gig Gaulter PROOF OF SERVICE CASE NO. 275582