On December 17, 2010 a Motion-Secondary was filed involving a dispute between Ross, Jean, Ross, Robert, and Acco Engineered Systems, Inc., Advanced Mechanical, Advance Mechanical Contractors, Inc., Air Systems Mechanical Contractor, A & K Heating Company, Inc., Albay Construction Company, Allen-Simmons Heating & Sheet Metal Company Inc., Allied Fire Protection, Allied Sprinkler Company, Inc., Allsberry Mechanical Corporation, Anderson, Rowe & Buckley, Inc., Associated Insulation Of California, A. Teichert & Son, Inc., Balliet Bros. Construction Corporation, Banner Drywall & Painting Co. Inc., Barnes Construction Co., Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bell Products Inc., Beta Mechanical Contractors, L.P., Bragg Investment Company, Inc., Cahill Construction Co., Inc., Cahill Construction Services, Inc., Cahill Contractors, Inc., California Drywall Co., Castro Construction, Inc., C.C. Moore & Co. Engineers, Cincinnati Valve Company, Cjr Plastering, Clausen-Patten, Inc., Clausen-Patten, Inc., A Dissolved Corporation, Climate Air, Inc., Climate Control Co., Inc., Collins Electrical Company, Inc., Commair Mechanical Services, Consolidated Insulation, Inc., Cosco Fire Protection, Inc., Cosco Sprinkler, Critchfield Mechanical, Inc., C & R Plastering, Inc., Csk Auto, Inc., Cupertino Electric, Inc., Delucchi Sheet Metal Works, Dilland Sederberg Plumbing, Does 1-8500, Domco Products Texas Inc., Domco Products Texas, L.P., Donovan Construction, Dorn Refrigeration, Dorn Refrigeration And Air Conditioning, Dpr Construction, Duro Dyne Corporation, D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Emil J. Weber Electric Co., Erwin Mechanical Inc., Ex- Fme, Inc. (Fka Fischbach And Moore Electric,, Fairmont Hotel Company, Fluor Corporation, Foley Electric Co., Foley Electric, Inc., Fuller Floors, General Mills, Inc., Giampolini & Co., Graybar Electric Company, Inc., Hanson Permanente Cement, Inc. Formerly Known As, Harold Beasley Plumbing And Heating, Inc., Harry Lee Plumbing & Heating, H & C Investment Associates, Inc., Henry C. Beck Company, Imperial Plastering & Drywall, Insulation Specialties, Inc., James A. Nelson Co., Inc., Johnson Controls, Inc., Jones Plastering Company, Joseph Bruno Sheet Metal Co., Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, J.W. Mcclenahan Company, Inc., Kentile Floors, Inc., Laub Sheet Metal Works, Lone Star Industries, Inc., Mack Construction Co., Magee, Robert, Malm Metal Products, Inc., Marine Engineering And Supply Company, Marshco Auto Parts, Inc., Mattock Construction Company, Mcclure Electric, Inc., Metropolitan Life Insurance Company, Michael Brothers, Midstate Mechanical, Inc., Mitchell Bros. Truck Lines, Inc., Monsanto Company, Sued As "Pharmacia Corporation", Oakfabco, Inc., Ortho-Craft, Pacific Fireproofing, Pacific Mechanical Corporation, Parker Insulation Contracting & Supply Co. Inc., Perini Corporation, Pharmacia Corporation, Which Will Do Business In, Pribuss Engineering, Pribuss Engineering, Inc., Raymond Interior Systems-North, Red Top Electric Co. Emeryville, Inc., Robert Magee, Rollie R. French, Inc., Rollins Construction, Rountree Plumbing & Heating Inc., Scott Co. Of California, S F L, Inc., S.J. Amoroso Construction Co., Inc., Slakey Brothers, Inc., Sugden Engineering Co., Swinerton Builders, Temper Insulation, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The W.W. Henry Company, Tuttle And Bailey Corp, Van Mulder Sheetmetal, Van-Mulder Sheet Metal, Inc., Walnut Creek Sheet Metal, Furnace & Air, W.C. Thomason, W.C. Thompson, Webcor Builders, Inc., Westburne Supply, Inc., Willard Electric, Wright Schuchart Harbor, Wright Schuchart Harbor Company, Ross, Jean, Ross, Robert, for civil in the District Court of San Francisco County.
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BRAYTON®PUR (415) 898-1555 DAVID R. DONADIO, ESQ., S.B. #154436 ET DDonadio@braytonlaw.com FILED MICHAEL ESPINOSA, ESQ., S.B. #312882 Superior Court of Catifornia, mespinosa@braytonlaw.com County of San Francisco BRAYTON*PURCELL LLP 05/14/2018 Attorneys at Law Clerk of the Court 222 Rush Landing Road EARN cepbead P.O. Box 6169 peat Slerk Novato, California 94948-6169 (415) 898-1555 Attorneys for Plaintiffs Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, ) ASBESTOS ) No. CGC-10-275731 Plaintiffs, ) ) DECLARATION OF DAVID R. DONADIO vs. ) PURSUANT TO C.C.P. § 36.5 IN SUPPORT ) OF PLAINTIFF’S MOTION FOR ORDER C.C. MOORE & CO. ENGINEERS; ) MAINTAINING THE CURRENT TRIAL Defendants as Reflected on Exhibit 1 ) DATE WITH PREFERENCE attached to the Summary Complaint ) herein; and DOES 1-8500. ) [C.C.P. § 36(a); C.C.P. § 36.5] Date: June 13, 2018 Time: 9:30 a.m. Room 503: The Hon. Lynn O’Malley-Taylor Trial Date: July 9, 2018 Filing Date: December 17, 2010 I, David R. Donadio, declare: 1. Tam an attorney at law, duly licensed to practice before all courts of the State of California, and am a partner in the law firm of Brayton*-Purcell LLP, attorneys of record for plaintiffs herein. I am fully familiar with the facts of this case, and if called as a witness regarding the matters set forth below, I would so testify. 2. Pursuant to C.C.P. §36.5, based upon information and belief, plaintiff JEAN ROSS has been diagnosed as suffering from congestive heart failure, chronic obstructive pulmonary disease (“COPD”), peripheral vascular disease (“PVD”), atrial fibrillation, fibromyalgia, and high blood pressure. K:njurec19349iplfdecl DRD MEP (36) Maintsin TDxpe 1 MXE DECLARATION OF DAVID R. DONADIO PURSUANT TO C.C.P. § 36.5 IN SUPPORT OF PLAINTIFFS” MOTION FOR ORDER MAINTAINING THE CURRENT TRIAL DATE WITH PREFERENCE3. Based on information and belief, plaintiff has given her age under oath in her declaration dated May 4, 2018, as well as in answers to interrogatories as 81 years, with a date of birth of October 28, 1936. 4. Pursuant to C.C.P. §36.5, upon information and belief, and based upon the May 4, 2018 Declaration of Plaintiff JEAN ROSS, and review of Arizona Endovascular Center and Cardondelet St. Joseph’s Hospital Tucson medical records, I am able to state and allege the following regarding the medical diagnosis and prognosis of plaintiff JEAN ROSS: a. JEAN ROSS has been diagnosed with congestive heart failure, chronic obstructive pulmonary disease (“COPD”), peripheral vascular disease (“PVD”), atrial fibrillation, fibromyalgia, and high blood pressure. She currently suffers from shortness of breath and difficulty breathing, unintentional weight loss of 30 pounds in three months, increasing weakness and fatigue, worsening leg and back pain, and memory loss. b. Mrs. ROSS’s shortness of breath continues to progressively worsen, impairing her stamina and her abilities to focus, concentrate, and effectively communicate. She has battled various illnesses, including bronchitis, since the beginning of this year, and has been in and out of the emergency room and hospital on several occasions. c. Congestive heart failure is a chronic progressive condition that affects the pumping power of the heart muscles. While often referred to simply as “heart failure,” congestive heart failure specifically refers to the stage in which fluid builds up around the heart and causes it to pump inefficiently. Congestive heart failure develops when your ventricles cannot pump blood in sufficient volume to the body. Eventually, blood and other fluids can build up inside your lungs, abdomen, liver, and/or lower body. Symptoms include shortness of breath, fatigue, swollen legs, and rapid heartbeat. Congestive heart failure can be life-threatening. d. JEAN ROSS’s appetite is very poor and she has unintentionally lost 30 pounds in the last three months. e. Peripheral vascular disease, is a blood circulation disorder that causes the blood vessels outside of your heart and brain to narrow, block, or spasm. This can happen in your K:njurec19349iplfdecl DRD MEP (36) Maintsin TDxpe 2 MXE DECLARATION OF DAVID R. DONADIO PURSUANT TO C.C.P. § 36.5 IN SUPPORT OF PLAINTIFFS” MOTION FOR ORDER MAINTAINING THE CURRENT TRIAL DATE WITH PREFERENCECo UY DAW Rw NH | Seon = oO arteries or veins. PVD typically causes pain and fatigue, often in your legs. Asa result of peripheral vascular disease, she suffers constant leg pain and has had 17 stents placed due to continual blockages since 2009. f. | Mrs. ROSS also suffers from chest and back pain. Her severe pain is a distraction that impairs her abilities to focus, concentrate and remain in the moment. g. In addition, JEAN ROSS also suffers from fibromyalgia and related weakness and fatigue, both of which are increasing, that further impair her already poor stamina and her abilities to focus, concentrate and remain alert. She also suffers from memory loss, which impairs her ability to accurately report facts and communicate effectively. It is in the interests of justice that her trial date be maintained with preference, in an effort to prevent her being prejudiced, as she will be should she be unable to participate in her trial. 5. On information and belief, I state and allege that JEAN ROSS’s interests in this litigation will be prejudiced if preference is not granted. Her interests will be prejudiced if she is unable to effectively communicate, concentrate, remain alert, and focus at trial, precluding her from assisting counsel and otherwise participating at trial, including being able to testify and/or clearly convey the facts of this case to the jury and the court. Based upon information and belicf, Plaintiff's health is significantly impaired and will only decline in the future. 6. JEAN ROSS is 81 years old with significant and declining health problems. In order to have a full and fair trial and be accorded all due process, it is necessary that preference be granted and a trial held as soon as possible. 7. Pursuant to C.C.P. § 36(c)(1), all essential parties have been served with process or have appeared. 8. Plaintiffs have complied with the terms of Case Management Order dated June 29, 2012, Section B(2). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on g \ ull , at Novato, California. Owe David R. Donadio ‘cers tana! DAD MEP Qe) vn TD 3 MXE CLARATION OF DAVID Ri DONADIO PURSUANT TO CCP. 4.36.5 IN SUPPORT OF PLAINTIFFS" MOTION FOR ORDER MAINTAINING THE CORRENT TRIAL DATE RIPH PREFEREN