Preview
Simona A. Farrise, Esq. (CSB No. 171708)
Benjamin H. Adams, Esq. (CSB No. 272909)
FARRISE LAW FIRM, P.C.
ELECTRONICALLY
225 South Olive Street, Suite 102
Los Angeles, California 90012 FILED
Superior Court of California,
Telephone: (800) 748-6186 County of San Francisco
Facsimile: (510) 588-4536 MAY 29 2014
farriselaw@farriselaw.com
Clerk of the Court
BY: JUDITH NUNEZ
Attomeys for Plaintiffs Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN FRANCISCO
1]
GLENN WILLIAMS, Individually and as Case No.: CGC-11-275749
12 Successor-in-interest to Decedent
J.D.WILLIAMS; BETTY WILLIAMS, REQUEST FOR JUDICIAL NOTICE IN
13 VERONICA WILLIAMS, JEROME SUPPORT OF PLAINTIFFS’
WILLIAMS, DIEDRE WILLIAMS, OPPOSITION TO DEFENDANT
14 CARMEN WILLIAMS, CHRISTOPHER AUTOZONE WEST INC.’S MOTION
15 WILLIAMS, and PHYLLIS WILLIAMS, FOR SUMMARY JUDGMENT OR IN THE
ALTERNATIVE, FOR SUMMARY
16 Plaintiffs, ADJUDICATION
VS,
17
AUTOZONE WEST INC., et al., Date: June 11, 2014
18
Time: 9:30 am.
Defendants. Dept.: 503, Hon, Teri L. Jackson
19
20 Complaint filed: January 7, 2011
FAC filed: December 6, 2012
21 Trial Date: July 14, 2014
22
Plaintiffs GLENN WILLIAMS, Individually and as Successor-in-Interest to Decedent
23
J.D.WILLIAMS; BETTY WILLIAMS, VERONICA WILLIAMS, JEROME WILLIAMS,
24
DIEDRE WILLIAMS, CARMEN WILLIAMS, CHRISTOPHER WILLIAMS, and PHYLLIS
25
WILLIAMS submit this Request for Judicial Notice in support of Plaintiffs’ Opposition to
26
Defendant Autozone West, Inc.’s Motion for Summary Judgment or Alternatively, Summary
27
Adjudication.
28
i
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT AUTOZONE
WEST, INC.*S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY
ADJUDICATION
Pursuant to Evidence Code § 452(d), this Court may take judicial notice of the records in
this case, as well as in any other action in any other court of record in the United States, and this
discretionary judicial notice is made mandatory in Evidence Code § 453, provided sufficient notice
is given to the adverse party to be able to meet the request, and if the Court is furnished with
sufficient information to enable it to take judicial notice of the matter.
Plaintiffs request that this Court take judicial notice of pleadings in this case, true and correct
copies of which are attached hereto.
1 Plaintiffs’ Complaint for Wrongful Death and Survival, filed on January 7, 2011, a
copy of which is attached hereto as Exhibit 1.
10 2 Plaintiffs’ First Amended Complaint for Wrongful Death and Survival, filed on
1] December 8, 2012, a copy of which is attached hereto as Exhibit 2.
12 3 Plaintiffs’ Second Amended Complaint for Wrongful Death and Survival, filed on
13 March 14, 2013, a copy of which is attached hereto as Exhibit 3.
14 4 Plaintiffs’ Third Amended Complaint for Wrongful Death and Survival, filed on April
15 18, 2013, a copy of which is attached hereto as Exhibit 4.
16 5 Substitutions of Attorneys filed on behalf of plaintiffs on July 23, 2013, copies of
17 which are attached hereto as Exhibit 5,
18 6 Notice of Death of Betty Williams, filed on April 17, 2014, a copy of which is
19 attached hereto as Exhibit 6.
20
DATED: May 28, 2014 FARRISE LAW FIRM, P.C.
21
22
23
By: /s/ Benjamin H. Adams
24 Benjamin H. Adams, Esq.
Attorney for Plaintiffs
25
26
27
28
2
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT AUTOZONE
WEST, INC.*S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY
ADJUDICATION
EXHIBIT 1
SUivay iy
We N OX
ed at
FA.
SUED
Fl
Jack K. Clapper, (State Bar No. 83207) r
John P. Mason, (State Bar No. 193949)
CLAPPER, PATTI, SCHWEIZER & MASON San Fra County Superior Court
Marina Office Plaza
2330 Marinship Way, Suite 140 $ -7 200
Sausalito, CA 94965
Telephone: (415)
(415)
332-4262
331-5387
CLERK OF THE SOUR
Facsimile: BY: ie
Jap
Attorney for Plaintiffs
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO - UNLIMITED CIVIL JURISDICTION
10
I BETTY WILLIAMS, Individually and) Case No.
as Successor-in-Interest to )
12 Decedent J.D. WILLIAMS; VERONICA } COMPLAINT FOR WRONGFUL DEATH AND
WILLIAMS, JEROME WILLIAMS, SURVIVAL
13 DIERDRE WILLIAMS, CARMEN
WILLIAMS, GLENN WILLIAMS, (Asbestos)
4 CHRISTOPHER WILLIAMS, PHYLLIS
WILLIAMS,
15
Plaintiffs,
16
Vv
17 THIS GAS E 1S Sy;
ANDAT! ORY EL BURCE +
DOES ONE through SEVENTY-FIVE,
18
PURSUA NT TO ANEC TRONIC FILING
inclusive,
19 Defendants.
D G0. 158
20
21
22
23
24
25
26
27
28
CLAPPER, PATTI
SCHWEIZER & MASON
2330 Marinship Way
Sauealte, CA 94 (Asbestos)
415) 332-4262 BETTY WILLIANS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL
GENERAL ALLEGATIONS
1 The true names and capacities, whether individual,
3 corporate, associate, governmental or otherwise, of defendants
FIRST DOE through SEVENTY-FIFTH DOE, inclusive, are unknown to
5 plaintiffs at this time, who therefore sue said defendants by such
fictitious names. When the true names and capacities of said
defendants have been ascertained, plaintiffs will amend this
complaint accordingly. Plaintiffs are informed and believe, and
thereon allege, that each defendant designated herein as a DOE is
10 responsible, negligently or in some other actionable manner, for
11 the events and happenings hereinafter referred to, and caused
12 injuries and damages proximately thereby to the decedent, as
13 hereinafter alleged.
14 2 At all times herein mentioned, each of the defendants,
iS except as otherwise alleged, was the agent, servant, employee
16 and/or joint venturer of his co-defendants, and each of them, and
17 at all said times, each defendant was acting in the full course and
18 scope of said agency, service, employment and/or joint venture.
i9 Plaintiffs do not allege that Asbestos Corporation Ltd. was the
20 agent, servant, employee and/or joint venturer of any entity during
21 any of the years Asbestos Corporation Ltd. was owned by any
22 governmental agency. Certain defendants agreed and conspired among
23 themselves, and with certain other individuals and/or entities, to
24 act, or not to act, in such a manner that resulted in injury to the
25 decedent; and such defendants, as co-conspirators, are liable for
26 the acts, or failures to act, of the other conspiring defendants.
27 Plaintiffs do not allege that Asbestos Corporation Ltd. conspired
28 with any entity during any of the years Asbestos Corporation Ltd.
CLAPPER, PATTI
SCHWEIZER & MASON
Suite 140
233 Marinstip Way
Sansalito, CA 94965, BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos)
(aE) 332-8262
was owned by any governmental agency. Plaintiffs are informed and
believe, and allege, that at all times herein mentioned defendants
3 FIRST DOE through SEVENTY-FIFTH DOE, inclusive, were and are
authorized to do business in the State of California, and that said
defendants have regularly conducted business in the County of San
Francisco, State of California.
3 Plaintiffs are informed and believe, and thereon allege
that at all times herein mentioned, each defendant named herein and
FIRST DOE through SEVENTY-FIFTH DOE, inclusive, were and are
10 corporations organized and existing under and by virtue of the laws
i of the State of California, or the laws of some other state or
12 foreign jurisdiction, that said defendants have regularly conducted
13 business in the County of San Francisco, State of California, and
14 that certain of said defendants have designated the County of San
15 Francisco as their principal place of doing business within the
io State of California.
17 FIRST CAUSE OF ACTION -- NEGLIGENCE
(Survival)
18
PLAINTIFFS COMPLAIN OF DEFENDANTS DOES ONE THROUGH TWENTY-
19
FIVE, AND FOR A CAUSE OF ACTION FOR NEGLIGENCE ALLEGE:
20
4 Plaintiffs bring this action as specified in Section 377
21
of the Code of Civil Procedure as a result of the death of J.D.
22
Williams, Deceased (hereinafter referred to as "decedent")
23
5 At all times herein mentioned, defendants, First Doe
24
through Seventy-Fifth Doe, inclusive, and each of them, that said
25
defendants have regularly conducted business in the County of San
26
Francisco, State of California, and that certain of said defendants
27
have designated the County of San Francisco as their principal
28
CLAPPER, PATIL
SCHWEIZER & MASON
re 140
2330 Mar hip Way
‘54965 (Asbestos)
STi. 4262 BETTY WILLIAMS/COMPLAINT FOR WRONGYUL DEATH AND SURVIVAL
place of doing business within the State of California. Said
defendants were and are engaged in the business of researching,
3 manufacturing, fabricating, designing, labeling, assembling,
distributing, leasing, buying, offering for sale, selling,
inspecting, servicing, installing, contracting for installation,
repairing, marketing, warranting, rebranding, manufacturing for
others, packaging and advertising a certain substance, the generic
name of which is asbestos, and other products containing said
substance.
10 6 At all times herein mentioned, each of the defendants was
il the successor, successor in business, successor in product line or
12 a portion thereof, assign, predecessor, predecessor in business,
13 predecessor in product line or a portion thereof, parent,
14 subsidiary, wholly or partially owned by, or the whole or partial
1S owner of or member in an entity researching, studying,
16 manufacturing, fabricating, designing, labeling, assembling,
17 distributing, leasing, buying, offering for sale, selling,
18 inspecting, servicing, installing, contracting for installation,
19 repairing, marketing, warranting, rebranding, manufacturing for
20 others, packaging and advertising a certain substance, the generic
2] name of which is asbestos, and other products containing said
22 substance. Said entities shall hereinafter collectively be called
23 “alternate entities". Each of the herein named defendants are
24 liable for the tortious conduct of each successor, successor in
25 business, successor in product line or a portion thereof, assign,
26 predecessor, predecessor in business, predecessor in product line
27 or a portion thereof, parent, subsidiary, alter-ego, whole or
28 partial owner, or wholly or partially owned entity, or entity that
CLAPPER, PATTI
SCHWEIZER & MASON
Suite 140
2330 Marinsip Way
Sausalito, CA 94965 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos)
(ATS) 2924262
it was a member of, or funded, that researched, studied,
manufactured, fabricated, designed, labeled, assembled,
distributed, leased, bought, offered for sale, sold, inspected,
serviced, installed, contracted for installation, repaired,
marketed, warranted, rebranded, manufactured for others and
advertised a certain substance, the generic name of which is
asbestos, and other products containing said substance. The
following defendants, and each of them, are liable for the acts of
each and every “alternate entity", and each of them, in that there
10 has been a virtual destruction of plaintiff remedy against each
li such “alternate entity"; defendants, and each of them, have
12 acquired the assets, product line, or a portion thereof, of each
13 such “alternate entity"; defendants, and each of them, caused the
14 destruction of plaintiff remedy against each such "alternate
15 entity"; each such defendant has the ability to assume the
16 risk-spreading role of each such "alternate entity"; and that each
17 such defendant enjoys the goodwill originally attached to each such
18 "alternate entity."
i9 7 At all times herein mentioned, defendants, and each of
20 them, singularly and jointly, negligently and carelessly
21 researched, manufactured, fabricated, designed, tested or failed to
22 test, warned or failed to warn, labeled, assembled, distributed,
23 leased, bought, offered for sale, sold, inspected, serviced,
24 installed, contracted for installation, repaired, marketed,
25 warranted, rebranded, manufactured for others, packaged and
26 advertised, a certain substance, the generic name of which is
27 asbestos, and other products containing said substance, in that
28 said substance proximately caused personal injuries to users,
CLAPPER. PATTI
SCHWEIZER &: MASON
e
2340 Mavinship Way
Sansalito, CA, 94565 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos)
(415) 332-4262,
consumers, workers, bystanders and others, including the decedent
herein, (hereinafter collectively called "exposed persons"), while
being used in a manner that was reasonably foreseeable, thereby
rendering said substances unsafe and dangerous for use by "exposed
persons".
8 Defendants, and each of them, had a duty to exercise due
care in the pursuance of the activities mentioned above and
defendants, and each of them, breached said duty of due care.
9 Decedent herein used, handled or was otherwise exposed to
10 asbestos and asbestos-containing products referred to herein in a
1 manner that was reasonably foreseeable. Decedent's exposure to
12 asbestos and asbestos-containing products occurred at various
13 locations within the State of California. Plaintiff's decedent's
14 exposure to asbestos and asbestos~containing products included but
15 not. limited to the following: 1954 - 1962, U.S. Air Force, airman;
16 1960 - 1964, Hughes Aircraft Co., electronics technician; 1955 -
17 1960, General Motors, mechanic; 1965 - 1992, TRW, research analyst
18 Plaintiffs do not claim that decedent was exposed to Asbestos
19 Corporation Ltd.'s fibers during any of the years Asbestos
20 Corporation, Ltd. was owned by any governmental agency. This claim
21 was filed within one year of the time plaintiffs first knew, or
22 through the exercise of reasonable diligence should have known,
23 that the death was caused or contributed to by exposure to
24 asbestos.
25 10. Plaintiffs are informed and believe, and thereon allege,
26 that progressive lung disease, cancer and other serious diseases
27 are caused by inhalation of asbestos fibers without perceptible
28 trauma and that said disease results from exposure to asbestos and
CLAPPER, PATTY
SCHWEIZER'& MASON
‘Suite 1
2 arinship Way
Sansalio. CA. 94965 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos)
CATS) 332.4262
asbestos-containing products over a period of time.
a1. Decedent suffered from a condition related to exposure to
3 asbestos and asbestos-containing products. Decedent was not aware
at the time of exposure that asbestos or asbestos-containing
products presented any risk of injury and/or disease.
12. As a direct and proximate result of the conduct of
the defendants, and each of them, as aforesaid, decedent's exposure
to asbestos and asbestos-containing products during his lifetime
caused severe and permanent injury to decedent, including, but not
10 limited to breathing difficulties, lung cancer, and/or other lung
1 damage. The asbestos fibers and asbestos-containing products of
12 each named defendant and each DOE defendant were a substantial
13 factor in contributing to, and in causing, injury to decedent as
i4 set forth herein.
15 13. In researching, manufacturing, fabricating, designing,
16 testing or failing to test, warning or failing to warn, labeling,
17 assembling, distributing, leasing, buying, offering for sale,
18 selling, inspecting, servicing, installing, contracting for
19 installation, repairing, marketing, warranting, rebranding,
20 manufacturing for others, packaging and advertising asbestos and
21 asbestos-containing products, defendants, their "alternate
22 entities", and each of them, did so with conscious disregard for
23 the safety of "exposed persons" who came in contact with said
24 asbestos and asbestos-containing products, in that said defendants,
25 their "alternate entities", and each of them, had prior knowledge
26 that there was a substantial risk of injury or death resulting from
27 exposure to asbestos or asbestos-containing products, including,
28 but not limited to, asbestosis, other lung disabilities and cancer.
CLAPPER, PATTI
SCHWEIZER & MASON
Suite 140
2830 Marinship Way
Savsaito, CA 94965, BETTY WILLIAMS/COMPLAINT ¥OR WRONGFUL DEATH AND SURVIVAL (Asbestos)
abs 32-4202
Said knowledge was obtained, in part, from scientific studies
performed by, at the request of, or with the assistance of, said
defendants, their "alternate entities", and each of them, and which
knowledge was obtained by said defendants, their "alternate
entities", and each of them on or before 1930, and thereafter.
14. On or before 1930, and thereafter, said defendants, their
"alternate entities" and each of them, were aware that members of
the general public and other "exposed persons", who would come in
contact with asbestos and asbestos-containing products, had no
10 knowledge or information indicating that asbestos or
i asbestos-containing products could cause injury, and said
12 defendants, their "alternate entities", and each of them, knew that
13 members of the general public and other "exposed persons”, who came
14 in contact with asbestos and asbestos-containing products, would
15 assume, and in fact did assume, that exposure to asbestos and
io asbestos-containing products was safe, when in fact said exposure
7 was extremely hazardous to health and human life.
18 is. With said knowledge, said defendants, their "alternate
19 entities", and each of them, opted to research, manufacture,
20 fabricate, design, label, assemble, distribute, lease, buy, offer
21 for sale, inspect, service, install, contract for installation,
22 repair, market, warrant, rebrand, manufacture for others, package
23 and advertise said asbestos and. asbestos-containing products
24 without attempting to protect "exposed persons" from or warn
25 "exposed persons" of, the high risk of injury or death resulting
26 from exposure to asbestos and asbestos-containing products. Rather
27 than attempting to protect "exposed persons” from, or warn "exposed
28 persons" of, the high risk of injury or death resulting from
CLAPPER, PATTI
SCHWEIZER & MASON
e
2230 Marinship Way
Swosabio, CA 94965 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos)
415) 332-4762,
exposure to asbestos and asbestos-containing products, defendants,
their “alternate entities", and each of them, intentionally failed
3 to reveal their knowledge of said risk, and consciously and
actively concealed and suppressed said knowledge from "exposed
persons" and members of the general public, thus impliedly
representing to "exposed persons" and members of the general public
that asbestos and asbestos-containing products were safe for all
reasonably foreseeable uses. Defendants, their “alternate
entities", and each of them, engaged in this conduct and made these
10 implied representations with the knowledge of the falsity of said
il implied representations.
12 16. The above-referenced conduct of said defendants, their
13 "alternate entities", and each of them, was motivated by the
14 financial interest of said defendants, their "alternate entities",
15S and each of them, in the continuing, uninterrupted research,
16 manufacture, fabrication, design, labeling, assembly, distribution,
17 lease, purchase, sale, offer for sale, inspection, installation,
18 contracting for installation, repair, marketing, warranting,
19 rebranding, manufacturing for others, packaging and advertising of
20 asbestos and asbestos-containing products. In pursuance of said
2k financial motivation, said defendants, their "alternate entities",
22 and each of them, consciously disregarded the safety of "exposed
23 persons" and were in fact consciously willing and intended to
24 permit asbestos and asbestos-containing products to cause injury to
25 “exposed persons" and induced persons to work with and be exposed
26 thereto, including decedent.
27 17, Defendants, their "alternate entities”, and each of them,
28 and their officers, directors and managing agents participated in,
CLAPPER, PATT)
SCHWEIZER & MASON
2330 Marinship Way
Savealito, CA 98965 (Asbestos)
ca15) 232.4702. BETTY WILDLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL
authorized, expressly and impliedly ratified, and had full
knowledge of, or should have known of, each of the acts set forth
herein.
18. Defendants, and each of them, are liable for the
fraudulent, oppressive, and malicious acts of their "alternate
entities", and each of them, and each defendants' officers,
directors and managing agents participated in, authorized,
expressly and impliedly ratified, and had full knowledge of, or
should have known of, the acts of each of their “alternate
10 entities" as set forth herein. Plaintiffs do not allege any such
11 fraudulent, oppressive, or malicious acts by Asbestos Corporation
12 Ltd. during the years Asbestos Corporation Ltd. was owned by any
13 governmental agency.
14 19. The above-referenced conduct of said defendants, their
15 "alternate entities", and each of them, was and is willful,
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Simona A. Farrise, Esq. (CSB No. 171708) Benjamin H. Adams, Esq. (CSB No. 272909) FARRISE LAW FIRM, P.C. ELECTRONICALLY 225 South Olive Street, Suite 102 Los Angeles, California 90012 FILED Superior Court of California, Telephone: (800) 748-6186 County of San Francisco Facsimile: (510) 588-4536 MAY 29 2014 farriselaw@farriselaw.com Clerk of the Court BY: JUDITH NUNEZ Attomeys for Plaintiffs Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN FRANCISCO 1] GLENN WILLIAMS, Individually and as Case No.: CGC-11-275749 12 Successor-in-interest to Decedent J.D.WILLIAMS; BETTY WILLIAMS, REQUEST FOR JUDICIAL NOTICE IN 13 VERONICA WILLIAMS, JEROME SUPPORT OF PLAINTIFFS’ WILLIAMS, DIEDRE WILLIAMS, OPPOSITION TO DEFENDANT 14 CARMEN WILLIAMS, CHRISTOPHER AUTOZONE WEST INC.’S MOTION 15 WILLIAMS, and PHYLLIS WILLIAMS, FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY 16 Plaintiffs, ADJUDICATION VS, 17 AUTOZONE WEST INC., et al., Date: June 11, 2014 18 Time: 9:30 am. Defendants. Dept.: 503, Hon, Teri L. Jackson 19 20 Complaint filed: January 7, 2011 FAC filed: December 6, 2012 21 Trial Date: July 14, 2014 22 Plaintiffs GLENN WILLIAMS, Individually and as Successor-in-Interest to Decedent 23 J.D.WILLIAMS; BETTY WILLIAMS, VERONICA WILLIAMS, JEROME WILLIAMS, 24 DIEDRE WILLIAMS, CARMEN WILLIAMS, CHRISTOPHER WILLIAMS, and PHYLLIS 25 WILLIAMS submit this Request for Judicial Notice in support of Plaintiffs’ Opposition to 26 Defendant Autozone West, Inc.’s Motion for Summary Judgment or Alternatively, Summary 27 Adjudication. 28 i PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT AUTOZONE WEST, INC.*S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION Pursuant to Evidence Code § 452(d), this Court may take judicial notice of the records in this case, as well as in any other action in any other court of record in the United States, and this discretionary judicial notice is made mandatory in Evidence Code § 453, provided sufficient notice is given to the adverse party to be able to meet the request, and if the Court is furnished with sufficient information to enable it to take judicial notice of the matter. Plaintiffs request that this Court take judicial notice of pleadings in this case, true and correct copies of which are attached hereto. 1 Plaintiffs’ Complaint for Wrongful Death and Survival, filed on January 7, 2011, a copy of which is attached hereto as Exhibit 1. 10 2 Plaintiffs’ First Amended Complaint for Wrongful Death and Survival, filed on 1] December 8, 2012, a copy of which is attached hereto as Exhibit 2. 12 3 Plaintiffs’ Second Amended Complaint for Wrongful Death and Survival, filed on 13 March 14, 2013, a copy of which is attached hereto as Exhibit 3. 14 4 Plaintiffs’ Third Amended Complaint for Wrongful Death and Survival, filed on April 15 18, 2013, a copy of which is attached hereto as Exhibit 4. 16 5 Substitutions of Attorneys filed on behalf of plaintiffs on July 23, 2013, copies of 17 which are attached hereto as Exhibit 5, 18 6 Notice of Death of Betty Williams, filed on April 17, 2014, a copy of which is 19 attached hereto as Exhibit 6. 20 DATED: May 28, 2014 FARRISE LAW FIRM, P.C. 21 22 23 By: /s/ Benjamin H. Adams 24 Benjamin H. Adams, Esq. Attorney for Plaintiffs 25 26 27 28 2 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT AUTOZONE WEST, INC.*S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION EXHIBIT 1 SUivay iy We N OX ed at FA. SUED Fl Jack K. Clapper, (State Bar No. 83207) r John P. Mason, (State Bar No. 193949) CLAPPER, PATTI, SCHWEIZER & MASON San Fra County Superior Court Marina Office Plaza 2330 Marinship Way, Suite 140 $ -7 200 Sausalito, CA 94965 Telephone: (415) (415) 332-4262 331-5387 CLERK OF THE SOUR Facsimile: BY: ie Jap Attorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO - UNLIMITED CIVIL JURISDICTION 10 I BETTY WILLIAMS, Individually and) Case No. as Successor-in-Interest to ) 12 Decedent J.D. WILLIAMS; VERONICA } COMPLAINT FOR WRONGFUL DEATH AND WILLIAMS, JEROME WILLIAMS, SURVIVAL 13 DIERDRE WILLIAMS, CARMEN WILLIAMS, GLENN WILLIAMS, (Asbestos) 4 CHRISTOPHER WILLIAMS, PHYLLIS WILLIAMS, 15 Plaintiffs, 16 Vv 17 THIS GAS E 1S Sy; ANDAT! ORY EL BURCE + DOES ONE through SEVENTY-FIVE, 18 PURSUA NT TO ANEC TRONIC FILING inclusive, 19 Defendants. D G0. 158 20 21 22 23 24 25 26 27 28 CLAPPER, PATTI SCHWEIZER & MASON 2330 Marinship Way Sauealte, CA 94 (Asbestos) 415) 332-4262 BETTY WILLIANS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL GENERAL ALLEGATIONS 1 The true names and capacities, whether individual, 3 corporate, associate, governmental or otherwise, of defendants FIRST DOE through SEVENTY-FIFTH DOE, inclusive, are unknown to 5 plaintiffs at this time, who therefore sue said defendants by such fictitious names. When the true names and capacities of said defendants have been ascertained, plaintiffs will amend this complaint accordingly. Plaintiffs are informed and believe, and thereon allege, that each defendant designated herein as a DOE is 10 responsible, negligently or in some other actionable manner, for 11 the events and happenings hereinafter referred to, and caused 12 injuries and damages proximately thereby to the decedent, as 13 hereinafter alleged. 14 2 At all times herein mentioned, each of the defendants, iS except as otherwise alleged, was the agent, servant, employee 16 and/or joint venturer of his co-defendants, and each of them, and 17 at all said times, each defendant was acting in the full course and 18 scope of said agency, service, employment and/or joint venture. i9 Plaintiffs do not allege that Asbestos Corporation Ltd. was the 20 agent, servant, employee and/or joint venturer of any entity during 21 any of the years Asbestos Corporation Ltd. was owned by any 22 governmental agency. Certain defendants agreed and conspired among 23 themselves, and with certain other individuals and/or entities, to 24 act, or not to act, in such a manner that resulted in injury to the 25 decedent; and such defendants, as co-conspirators, are liable for 26 the acts, or failures to act, of the other conspiring defendants. 27 Plaintiffs do not allege that Asbestos Corporation Ltd. conspired 28 with any entity during any of the years Asbestos Corporation Ltd. CLAPPER, PATTI SCHWEIZER & MASON Suite 140 233 Marinstip Way Sansalito, CA 94965, BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos) (aE) 332-8262 was owned by any governmental agency. Plaintiffs are informed and believe, and allege, that at all times herein mentioned defendants 3 FIRST DOE through SEVENTY-FIFTH DOE, inclusive, were and are authorized to do business in the State of California, and that said defendants have regularly conducted business in the County of San Francisco, State of California. 3 Plaintiffs are informed and believe, and thereon allege that at all times herein mentioned, each defendant named herein and FIRST DOE through SEVENTY-FIFTH DOE, inclusive, were and are 10 corporations organized and existing under and by virtue of the laws i of the State of California, or the laws of some other state or 12 foreign jurisdiction, that said defendants have regularly conducted 13 business in the County of San Francisco, State of California, and 14 that certain of said defendants have designated the County of San 15 Francisco as their principal place of doing business within the io State of California. 17 FIRST CAUSE OF ACTION -- NEGLIGENCE (Survival) 18 PLAINTIFFS COMPLAIN OF DEFENDANTS DOES ONE THROUGH TWENTY- 19 FIVE, AND FOR A CAUSE OF ACTION FOR NEGLIGENCE ALLEGE: 20 4 Plaintiffs bring this action as specified in Section 377 21 of the Code of Civil Procedure as a result of the death of J.D. 22 Williams, Deceased (hereinafter referred to as "decedent") 23 5 At all times herein mentioned, defendants, First Doe 24 through Seventy-Fifth Doe, inclusive, and each of them, that said 25 defendants have regularly conducted business in the County of San 26 Francisco, State of California, and that certain of said defendants 27 have designated the County of San Francisco as their principal 28 CLAPPER, PATIL SCHWEIZER & MASON re 140 2330 Mar hip Way ‘54965 (Asbestos) STi. 4262 BETTY WILLIAMS/COMPLAINT FOR WRONGYUL DEATH AND SURVIVAL place of doing business within the State of California. Said defendants were and are engaged in the business of researching, 3 manufacturing, fabricating, designing, labeling, assembling, distributing, leasing, buying, offering for sale, selling, inspecting, servicing, installing, contracting for installation, repairing, marketing, warranting, rebranding, manufacturing for others, packaging and advertising a certain substance, the generic name of which is asbestos, and other products containing said substance. 10 6 At all times herein mentioned, each of the defendants was il the successor, successor in business, successor in product line or 12 a portion thereof, assign, predecessor, predecessor in business, 13 predecessor in product line or a portion thereof, parent, 14 subsidiary, wholly or partially owned by, or the whole or partial 1S owner of or member in an entity researching, studying, 16 manufacturing, fabricating, designing, labeling, assembling, 17 distributing, leasing, buying, offering for sale, selling, 18 inspecting, servicing, installing, contracting for installation, 19 repairing, marketing, warranting, rebranding, manufacturing for 20 others, packaging and advertising a certain substance, the generic 2] name of which is asbestos, and other products containing said 22 substance. Said entities shall hereinafter collectively be called 23 “alternate entities". Each of the herein named defendants are 24 liable for the tortious conduct of each successor, successor in 25 business, successor in product line or a portion thereof, assign, 26 predecessor, predecessor in business, predecessor in product line 27 or a portion thereof, parent, subsidiary, alter-ego, whole or 28 partial owner, or wholly or partially owned entity, or entity that CLAPPER, PATTI SCHWEIZER & MASON Suite 140 2330 Marinsip Way Sausalito, CA 94965 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos) (ATS) 2924262 it was a member of, or funded, that researched, studied, manufactured, fabricated, designed, labeled, assembled, distributed, leased, bought, offered for sale, sold, inspected, serviced, installed, contracted for installation, repaired, marketed, warranted, rebranded, manufactured for others and advertised a certain substance, the generic name of which is asbestos, and other products containing said substance. The following defendants, and each of them, are liable for the acts of each and every “alternate entity", and each of them, in that there 10 has been a virtual destruction of plaintiff remedy against each li such “alternate entity"; defendants, and each of them, have 12 acquired the assets, product line, or a portion thereof, of each 13 such “alternate entity"; defendants, and each of them, caused the 14 destruction of plaintiff remedy against each such "alternate 15 entity"; each such defendant has the ability to assume the 16 risk-spreading role of each such "alternate entity"; and that each 17 such defendant enjoys the goodwill originally attached to each such 18 "alternate entity." i9 7 At all times herein mentioned, defendants, and each of 20 them, singularly and jointly, negligently and carelessly 21 researched, manufactured, fabricated, designed, tested or failed to 22 test, warned or failed to warn, labeled, assembled, distributed, 23 leased, bought, offered for sale, sold, inspected, serviced, 24 installed, contracted for installation, repaired, marketed, 25 warranted, rebranded, manufactured for others, packaged and 26 advertised, a certain substance, the generic name of which is 27 asbestos, and other products containing said substance, in that 28 said substance proximately caused personal injuries to users, CLAPPER. PATTI SCHWEIZER &: MASON e 2340 Mavinship Way Sansalito, CA, 94565 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos) (415) 332-4262, consumers, workers, bystanders and others, including the decedent herein, (hereinafter collectively called "exposed persons"), while being used in a manner that was reasonably foreseeable, thereby rendering said substances unsafe and dangerous for use by "exposed persons". 8 Defendants, and each of them, had a duty to exercise due care in the pursuance of the activities mentioned above and defendants, and each of them, breached said duty of due care. 9 Decedent herein used, handled or was otherwise exposed to 10 asbestos and asbestos-containing products referred to herein in a 1 manner that was reasonably foreseeable. Decedent's exposure to 12 asbestos and asbestos-containing products occurred at various 13 locations within the State of California. Plaintiff's decedent's 14 exposure to asbestos and asbestos~containing products included but 15 not. limited to the following: 1954 - 1962, U.S. Air Force, airman; 16 1960 - 1964, Hughes Aircraft Co., electronics technician; 1955 - 17 1960, General Motors, mechanic; 1965 - 1992, TRW, research analyst 18 Plaintiffs do not claim that decedent was exposed to Asbestos 19 Corporation Ltd.'s fibers during any of the years Asbestos 20 Corporation, Ltd. was owned by any governmental agency. This claim 21 was filed within one year of the time plaintiffs first knew, or 22 through the exercise of reasonable diligence should have known, 23 that the death was caused or contributed to by exposure to 24 asbestos. 25 10. Plaintiffs are informed and believe, and thereon allege, 26 that progressive lung disease, cancer and other serious diseases 27 are caused by inhalation of asbestos fibers without perceptible 28 trauma and that said disease results from exposure to asbestos and CLAPPER, PATTY SCHWEIZER'& MASON ‘Suite 1 2 arinship Way Sansalio. CA. 94965 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos) CATS) 332.4262 asbestos-containing products over a period of time. a1. Decedent suffered from a condition related to exposure to 3 asbestos and asbestos-containing products. Decedent was not aware at the time of exposure that asbestos or asbestos-containing products presented any risk of injury and/or disease. 12. As a direct and proximate result of the conduct of the defendants, and each of them, as aforesaid, decedent's exposure to asbestos and asbestos-containing products during his lifetime caused severe and permanent injury to decedent, including, but not 10 limited to breathing difficulties, lung cancer, and/or other lung 1 damage. The asbestos fibers and asbestos-containing products of 12 each named defendant and each DOE defendant were a substantial 13 factor in contributing to, and in causing, injury to decedent as i4 set forth herein. 15 13. In researching, manufacturing, fabricating, designing, 16 testing or failing to test, warning or failing to warn, labeling, 17 assembling, distributing, leasing, buying, offering for sale, 18 selling, inspecting, servicing, installing, contracting for 19 installation, repairing, marketing, warranting, rebranding, 20 manufacturing for others, packaging and advertising asbestos and 21 asbestos-containing products, defendants, their "alternate 22 entities", and each of them, did so with conscious disregard for 23 the safety of "exposed persons" who came in contact with said 24 asbestos and asbestos-containing products, in that said defendants, 25 their "alternate entities", and each of them, had prior knowledge 26 that there was a substantial risk of injury or death resulting from 27 exposure to asbestos or asbestos-containing products, including, 28 but not limited to, asbestosis, other lung disabilities and cancer. CLAPPER, PATTI SCHWEIZER & MASON Suite 140 2830 Marinship Way Savsaito, CA 94965, BETTY WILLIAMS/COMPLAINT ¥OR WRONGFUL DEATH AND SURVIVAL (Asbestos) abs 32-4202 Said knowledge was obtained, in part, from scientific studies performed by, at the request of, or with the assistance of, said defendants, their "alternate entities", and each of them, and which knowledge was obtained by said defendants, their "alternate entities", and each of them on or before 1930, and thereafter. 14. On or before 1930, and thereafter, said defendants, their "alternate entities" and each of them, were aware that members of the general public and other "exposed persons", who would come in contact with asbestos and asbestos-containing products, had no 10 knowledge or information indicating that asbestos or i asbestos-containing products could cause injury, and said 12 defendants, their "alternate entities", and each of them, knew that 13 members of the general public and other "exposed persons”, who came 14 in contact with asbestos and asbestos-containing products, would 15 assume, and in fact did assume, that exposure to asbestos and io asbestos-containing products was safe, when in fact said exposure 7 was extremely hazardous to health and human life. 18 is. With said knowledge, said defendants, their "alternate 19 entities", and each of them, opted to research, manufacture, 20 fabricate, design, label, assemble, distribute, lease, buy, offer 21 for sale, inspect, service, install, contract for installation, 22 repair, market, warrant, rebrand, manufacture for others, package 23 and advertise said asbestos and. asbestos-containing products 24 without attempting to protect "exposed persons" from or warn 25 "exposed persons" of, the high risk of injury or death resulting 26 from exposure to asbestos and asbestos-containing products. Rather 27 than attempting to protect "exposed persons” from, or warn "exposed 28 persons" of, the high risk of injury or death resulting from CLAPPER, PATTI SCHWEIZER & MASON e 2230 Marinship Way Swosabio, CA 94965 BETTY WILLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL (Asbestos) 415) 332-4762, exposure to asbestos and asbestos-containing products, defendants, their “alternate entities", and each of them, intentionally failed 3 to reveal their knowledge of said risk, and consciously and actively concealed and suppressed said knowledge from "exposed persons" and members of the general public, thus impliedly representing to "exposed persons" and members of the general public that asbestos and asbestos-containing products were safe for all reasonably foreseeable uses. Defendants, their “alternate entities", and each of them, engaged in this conduct and made these 10 implied representations with the knowledge of the falsity of said il implied representations. 12 16. The above-referenced conduct of said defendants, their 13 "alternate entities", and each of them, was motivated by the 14 financial interest of said defendants, their "alternate entities", 15S and each of them, in the continuing, uninterrupted research, 16 manufacture, fabrication, design, labeling, assembly, distribution, 17 lease, purchase, sale, offer for sale, inspection, installation, 18 contracting for installation, repair, marketing, warranting, 19 rebranding, manufacturing for others, packaging and advertising of 20 asbestos and asbestos-containing products. In pursuance of said 2k financial motivation, said defendants, their "alternate entities", 22 and each of them, consciously disregarded the safety of "exposed 23 persons" and were in fact consciously willing and intended to 24 permit asbestos and asbestos-containing products to cause injury to 25 “exposed persons" and induced persons to work with and be exposed 26 thereto, including decedent. 27 17, Defendants, their "alternate entities”, and each of them, 28 and their officers, directors and managing agents participated in, CLAPPER, PATT) SCHWEIZER & MASON 2330 Marinship Way Savealito, CA 98965 (Asbestos) ca15) 232.4702. BETTY WILDLIAMS/COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL authorized, expressly and impliedly ratified, and had full knowledge of, or should have known of, each of the acts set forth herein. 18. Defendants, and each of them, are liable for the fraudulent, oppressive, and malicious acts of their "alternate entities", and each of them, and each defendants' officers, directors and managing agents participated in, authorized, expressly and impliedly ratified, and had full knowledge of, or should have known of, the acts of each of their “alternate 10 entities" as set forth herein. Plaintiffs do not allege any such 11 fraudulent, oppressive, or malicious acts by Asbestos Corporation 12 Ltd. during the years Asbestos Corporation Ltd. was owned by any 13 governmental agency. 14 19. The above-referenced conduct of said defendants, their 15 "alternate entities", and each of them, was and is willful,