On August 21, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Moses Sr., Kenneth,
and
Alta Building Material Co.,
Ames Drywall Products Company,
Cahill Construction Co., Inc.,
Century Indemnity Company,,
Consolidated Insulation, Inc.,
Does 1 To 800, Inclusive,
Douglass Insulation Company, Inc., Et Al.,
Fdcc California, Inc.,
Georgia-Pacific Llc (Fka Georgia-Pacific,
Golden Gate Drywall, Inc.,
Hamilton Materials, Inc.,
James A. Nelson Co., Inc.,
J & R Construction,
Kaiser Gypsum Company, Inc.,
Kelly-Moore Paint Company, Inc.,
Marconi Plastering Company, Inc.,
Pacific Coast Building Products, Inc.,
Rich-Tex, Inc.,
Tom Oaks Drywall,
Union Carbide Corporation,
Moses Sr., Kenneth,
for civil
in the District Court of San Francisco County.
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Coe YN KH HD PF WN =
Ss = 6
William M. Hake, Esq. (SBN 110956)
Bill. Hake@wilsonelser.com
John E. Rosenthal, Esq. (SBN 233591)
- ELECTRONICALLY
John.Rosenthal@wilsonelser.com ED
B. Gardiner McK leroy, Esq. (SBN 239367) FIL
Gardiner.McKleroy@wilsonelser.com Superior Court of California,
Marion V. Cruz (SBN 244223) POuETY CF San Pranciece.
Marion.C: wilsonelser.com 10/06/2015
Whitney C. Barnecut (SBN 283012) Clerk of the Court
Whitney.Barnecut@wilsonelser.com Ren SON NSO lene
WILSON, ELSER, MOSKOWITZ, ee
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: (415) 433-0990
Facsimile: (415) 434-1370
Attorneys for Defendants
GOLDEN GATE DRYWALL
PACIFIC COAST BUILDING PRODUCTS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
KENNETH MOSES, Case No.: CGC-13-276180
Plaintiff, DEFENDANTS GOLDEN GATE
v.
KAISER GYPSUM COMPANY, INC., et al.
Defendants.
DRYWALL AND PACIFIC COAST
BUILDING PRODUCTS, INC.’S NOTICE
OF EX PARTE APPLICATION FOR
ORDER BARRING TESTIMONY OR
EVIDENCE OF DR. DONALD BREYER
AT TRIAL, OR ALTERNATIVELY FOR
ORDER SHORTENING TIME ON
MOTION
Date: October 6, 2015
Time: 11:00 a.m.
Dept.: 503
Action Filed: August 21, 2013
Trial Date: October 13, 2015
TO THE COURT, PARTIES, AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on October 6, 2015 at 11:00 a.m. or as soon thereafter as thel
matter may be heard in Department 503 of the San Francisco County Superior Court, located at 400]
McAllister Street, San Francisco, California 94102, Defendants Golden Gate Drywall (““GGD”) and
DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S NOTICE OF EX PARTE
APPLICATION FOR ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL, OR ALTERNATIVELY FOR,
ORDER SHORTENING TIME ON MOTION
1453480v.1oC em YN DAH Rw N
Pacific Coast Building Products, Inc. (“PCBP”) will apply ex parte for an Order Barring Testimony|
Or Evidence Of Dr. Donald Breyer At Trial, Or Alternatively For Order Shortening Time O;
Motion.
This Application which is made under Code of Civil Procedure sections 2024.020(b) an
2034.300 on the grounds that Plaintiff disclosed, without leave, two reports of his expert Dr. Donal
Breyer after the close of discovery and without making Dr. Breyer available for deposition,
Plaintiff further disclosed, without leave, a supplemental report of his expert Dr. Richard Le
which relied on the Dr. Breyer reports, after GGD and PCBP had taken Dr. Levy’s deposition, an
after the close of discovery.
This Application is based upon this Notice, the attached Memorandum of Points an
Authorities, declaration of John E. Rosenthal and attached exhibits, all pleadings, papers and othe:
documents in the Court’s file, as well as any other evidence and argument that may be properl:
presented to the Court at the time of hearing on this matter.
Dated: October 6, 2015 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER
By: €
Wilkias¢n M. Hake
John E. Rosenthal
B. Gardiner Mckleroy
Marion V. Cruz.
Whitney C. Barnecut
Attomeys for Defendants
GOLDEN GATE DRYWALL
PACIFIC COAST BUILDING PRODUCTS, INC.
2
DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S NOTICE OF EX PARTE.
APPLICATION FOR ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL, OR ALTERNATIVELY FOR
ORDER SHORTENING TIME ON MOTION
1453480v.1
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Coe YN KH HD PF WN = Ss = 6 William M. Hake, Esq. (SBN 110956) Bill. Hake@wilsonelser.com John E. Rosenthal, Esq. (SBN 233591) - ELECTRONICALLY John.Rosenthal@wilsonelser.com ED B. Gardiner McK leroy, Esq. (SBN 239367) FIL Gardiner.McKleroy@wilsonelser.com Superior Court of California, Marion V. Cruz (SBN 244223) POuETY CF San Pranciece. Marion.C: wilsonelser.com 10/06/2015 Whitney C. Barnecut (SBN 283012) Clerk of the Court Whitney.Barnecut@wilsonelser.com Ren SON NSO lene WILSON, ELSER, MOSKOWITZ, ee EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Defendants GOLDEN GATE DRYWALL PACIFIC COAST BUILDING PRODUCTS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO KENNETH MOSES, Case No.: CGC-13-276180 Plaintiff, DEFENDANTS GOLDEN GATE v. KAISER GYPSUM COMPANY, INC., et al. Defendants. DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S NOTICE OF EX PARTE APPLICATION FOR ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL, OR ALTERNATIVELY FOR ORDER SHORTENING TIME ON MOTION Date: October 6, 2015 Time: 11:00 a.m. Dept.: 503 Action Filed: August 21, 2013 Trial Date: October 13, 2015 TO THE COURT, PARTIES, AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 6, 2015 at 11:00 a.m. or as soon thereafter as thel matter may be heard in Department 503 of the San Francisco County Superior Court, located at 400] McAllister Street, San Francisco, California 94102, Defendants Golden Gate Drywall (““GGD”) and DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S NOTICE OF EX PARTE APPLICATION FOR ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL, OR ALTERNATIVELY FOR, ORDER SHORTENING TIME ON MOTION 1453480v.1oC em YN DAH Rw N Pacific Coast Building Products, Inc. (“PCBP”) will apply ex parte for an Order Barring Testimony| Or Evidence Of Dr. Donald Breyer At Trial, Or Alternatively For Order Shortening Time O; Motion. This Application which is made under Code of Civil Procedure sections 2024.020(b) an 2034.300 on the grounds that Plaintiff disclosed, without leave, two reports of his expert Dr. Donal Breyer after the close of discovery and without making Dr. Breyer available for deposition, Plaintiff further disclosed, without leave, a supplemental report of his expert Dr. Richard Le which relied on the Dr. Breyer reports, after GGD and PCBP had taken Dr. Levy’s deposition, an after the close of discovery. This Application is based upon this Notice, the attached Memorandum of Points an Authorities, declaration of John E. Rosenthal and attached exhibits, all pleadings, papers and othe: documents in the Court’s file, as well as any other evidence and argument that may be properl: presented to the Court at the time of hearing on this matter. Dated: October 6, 2015 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER By: € Wilkias¢n M. Hake John E. Rosenthal B. Gardiner Mckleroy Marion V. Cruz. Whitney C. Barnecut Attomeys for Defendants GOLDEN GATE DRYWALL PACIFIC COAST BUILDING PRODUCTS, INC. 2 DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S NOTICE OF EX PARTE. APPLICATION FOR ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL, OR ALTERNATIVELY FOR ORDER SHORTENING TIME ON MOTION 1453480v.1