Preview
Do Oo DTD DB TH BR YF NR me
ny et tk
RBNeRRRBREBSSEERDRRESH AS
EDWARD P. TUGADE, SBN 226797
E-Mail: tugade@ibbslaw.com
BRETTON MORRIS, SBN 245702
E-Mail: morrisb@lbbslaw.com
One Sansome Street, Suite 1400
San Francisco, California 94104
Telephone: (415) 362-2580
Facsimile: (415) 434-0882
Attomeys for Defendant
TRIMON, INC.
|| PAUL VAN DEGRIFT,
Plaintiff,
Defendants.
ELECTRONICALLY
LEWIS BRISBOIS BISGAARD & SMITH LLP FILED
Superior Court of California,
County of San Francisco
JAN 18 2011
Clerk of the Court
BY: ALISON AGBAY
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CASE NO. CGC-09-275076
)
)
} SEPARATE STATEMENT OF
} UNDISPUTED MATERIALS FACTS OF
} TRIMON, INC, IN SUPPORT OF
} MOTION FOR SUMMARY JUDGMENT
} AND/OR SUMMARY ADJUDICATION
} AGAINST PLAINTIFF
)
)
Date: March 30, 2011
)} Time: 9:30 a.m.
} Dept: 220
) Judge: Harold E. Kahn
) Trial Date: May 2, 2011
)
)
)
Action Filed: February 18, 2009
4839-3259-85361
I
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF .
TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
Cea mieT ar Aereye
3h
Boa
mow NN mat
RURRRERBRYE SSPREMARABDE BRAS
5 er ee SS
ISSUES:
ISSUE ONE: SUMMARY ADJUDICATION AS TO THE PLAINTIFE’S FIRST
CAUSE OF ACTION (NEGLIGENCE)
| SUPPORTING STATEMENT:
OREN eS Nie Use)
Sue ae ae
1. On February 18, 2009, plaintiff PAUL VAN | 1.
DEGRIFT (hereinafter “VAN DEGRIFT"}
filed this personal injury action in the San
Francisco County Superior Court. Trialin |
this case is scheduled for May 2, 2010. 4
Plaintiff VAN DEGRIFT alleges in Exhibit :
“A” of his Complaint that he was exposed to |
asbestos-containing materials during his non- :
occupational friction work, including |
performing brake jobs, clutch jobs and :
engine gasket work on 13 personal vehicles i |
with Bendix and Raybestos brakes, Borg-
Warner clutches and Victor gaskets
purchased from various automobile supply
houses, including Kragen Auto Parts, Pep
Boys, Monument Auto Parts, Napa Auto
Parts and Vaca Valley Auto. Plaintiff's :
Complaint, attached as Exhibit A to the i
Declaration of Bretton Morris (hereinafter | i
Morris Decl.) :
2. TRIMON filed an Answer on cr about May | 2. '
26, 2009, denying cach and every allegation :
in the Complaint. TRIMON’s Answer, i
attached as Exhibit B to the Morris Decl.
3. Plaintiff Paul Van DeGrift was deemed 3. |
served with Friction Standard Interrogatories, :
Set One, attached as Exhibit C to the 1
Morris Decl.
4. These interrogatories sought, inter alia, a 4,
description of the products to which Plaintiff , |
Paul Van DeGrift is claiming he was
exposed, details of the specific means of
exposure by each product, the specific area i
where the exposure occurred, and the time
period within which the exposure took place.
Friction Standard Interrogatories, Set One,
pages 3-7, attached as Exhibit C to the
orris Decl.
4839-3259-8536.1 2
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF ,
TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
CR Re AE ONTCm NRW BR WwW HY
10
ee eee ee oe
svi ee Tees INCE e ato pen ON
Bh e e aa so aren i oya
5. Additionally, these interrogatories sought the | 5,
name, address and phone number of any
witnesses who have information about
Plaintiff Paul Van DeGrift’s work and all
documents to support his claims. Friction |
Standard Interrogatories, Set One, page 4, }
lines 17-19, attached as Exhibit C to the
Morris Dec}.
6. Plaintiff Paul Van DeGrift submitted 6.
responses to the Standard Friction
Interrogatories, wherein he identified his 1
exposure to automobile friction products. i
Plaintiff's Responses to Standard Case . :
: Interrogatories Friction, Set One, at pages j
| 24, fttached as Exhibit D to the Morris
i ol.
7. Plaintiff's responses allege non:
occupational friction work, including
performing brake jobs, clutch jobs and :
engine gasket work on 13 personal vehicles | i
with Bendix and Raybestos brakes, Borg- !
Warner clutches and Victor gaskets
purchased from various automobile supply
houses, including Kragen Auto Parts, Pep
Boys, Monument Auto Parts, Napa Auto
Parts and Vaca Valley Auto, Plaintiff's
Responses to Standard Case
Interrogatories Friction, Set One, pages 2- |
3, attached as Exhibit D to the Mortis
Decl., page 4:8-22
|
8. TRIMON propounded a first set of Special 8. 1
Interrogatories, to Plaintiff Paul Van DeGrift, :
I Special Interrogatories, attached as
xhibit E to the Morris Decl.
' 9, Among other requests, TRIMON’s special 9. .
interrogatories, referenced above, asked i
\ ‘ Plaintiff to: 1) MDENTIFY EACH 1 |
|
1
VEHICLE on which you contend that you =|
installed brake parts purchased at
MONUMENT.” Exhibit E to the Morris
Decl, page 3, lines 10-12.
4830-3259-8536.1 3
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF
TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
Pater nr eTArTLEWIS
BRISBOIS
ASGARD
&SMHUP
SO OO DR De
= Ss
12
ne ey a
bias
10. VAN DEGRIFT’s responses re-state his ' 10.
| responses to standard friction interrogatories,
: set one, apart from claiming that plaintiff
| purchased ail replacement parts for his
automobile repairs at MONUMENT AUTO
PARTS. Responses to Special
i Interrogatories, attached as Exhibit F to the
:__ Morris Deel, 1, pages 1-2.
1]. At deposition on July 14, 2010, VAN Pq,
DEGRIFT testified to working with parts !
purchased at Monument for only two :
vehicles; he recalled installing Bendix brakes
in 1975 or 1976 ona 1966 Chevy Bel Air
and installing gaskets purchased at
Monument in 1975 for a 1972 Chevy Station
: Wagon. (Exhibit G, Deposition of Paul Van |
| DeGrifi, Volume I, 316:20-25; 321:15-25;
328:14-329:5},
| 12. However, VAN DEGRIFT could aot recall
arcing, sanding, abrading, or altering any of
the new brakes or gaskets purchased from
: Monument. (Exhibit G, Deposition of Paul:
i Van DeGrift, Volume Il, 273:11-20; 318:13-
| 16; 329:3-5).
12.
4839-3259-8536.1 4
|
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF
TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
Aare eA ReLEWIS
BRISBOIS
BISGAARD
&SMIH UP
co eI RH BW NY
= oe oe
Ww NY =|
14
ISSUE TWO: SECOND CAUSE OF ACTION (STRICT LIABILITY)
SUPPORTING STATEMENT;
ee Sica eal) ie nee
i or bala.
| 13, On February 18, 2009, plaintiff PAUL VAN 13.
DEGRIFT [hereinafter “VAN DEGRIFT”}
filed this personal injury action in the San
Francisco County Superior Court. Trial in
this case is scheduled for May 2, 2010.
Plaintiff VAN DEGRIFT alleges in Exhibit
“A” of his Complaint that he was exposed to
asbestos-containing materials during his non-
occupational friction work, including
performing brake jobs, clutch jobs and
engine gasket work on 13 personal vehicles
with Bendix and Raybestos brakes, Borg-
Wamer clutches and Victor gaskets
purchased from various automobile supply
houses, including Kragen Auto Parts, Pep
Boys, Monument Auto Parts, Napa Auto
Parts and Vaca Valley Auto. Plaintiff's
Complaint, attached as Exhibit A to the
Declaration of Bretton Morris (hereinafter
Moris Deel.)
14.
Morris Decl.
. These interrogatories sought, inter alia, a
TRIMON filed an Answer on or about May
26, 2009, denying cach and every allegation
in the Complaint. TRIMON’s Answer,
attached as Exhibit B to the Morris Decl.
. Plaintiff Paul Van DeGrift was deemed
served with Friction Standard Interrogatori¢s,
Set One, attached as Exhibit C to the
| 15.
1
description of the products to which Plaintiff
Paul Van DeGrift is claiming he was
exposed, details of the specific means of
exposure by each product, the specific area
where the exposure occurred, and the time
16.
period within which the exposure took place.
Friction Standard Interrogatories, Set One, |
es 3-7, attached as Exhibit C to the
lorris Decl.
4839-3259-8536.1
3
TRIMON, INC. IN SUPPORT OF MOTION FOR SUM
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF
MARY JUDGMENT AND/OR SUMMARY ADJUDICATION
rer ne amenOo Om NY DH BF Wm
NR ty me emt etn
RPNRRRERBR EF BSB URGE E BARA S
Pe eae eat ee
EV Tew Winery sc
uae
i sone ee
a uioa
17. Additionally, these interrogatories sought the
name, address and phone number of any
witnesses who have information about
Plaintiff Paul Van DeGrift’s work and all
documents to support his claims, Friction
Standard Interrogatories, Set One, page 4,
17.
Soe
| lines 17-19, attached as Exhibit C to the
Morris Decl.
| 18. Plaintiff Paul Van DeGrift submitted
responses to the Standard Friction
Interrogatories, wherein he identified his
| exposure to automobile friction products.
Plaintiff's Responses to Standard Case
Interrogatories Friction, Set One, at pages
2-4, attached as Exhibit D to the Morris
cl.18.
i
18.
19. Plaintiff's responses allege non- :
occupational friction work, including |
performing brake jobs, clutch jobs and
engine gasket work on 13 personal vehicles
with Bendix and Raybestos brakes, Borg-
Warmer clutches and Victor gaskets
purchased from various automobile supply
houses, including Kragen Auto Parts, Pep
Boys, Monument Auto Parts, Napa Auto
Parts and Vaca Valley Auto. Plaintiff's
Responses to Standard Case
Interrogatories Friction, Set One, pages 2-
3, attached as Exhibit D to the Morris
Decl., page 4:8-22 19.
“19.
|
|
' 20. TRIMON propounded a first set of Special
Interrogatories, to Plaintiff Paul Van DeGrift,
Special Interrogatories, attached as
Exhibit E to the Morris Decl.
20.
21. Among other requests, TRIMON’s special
interrogatories, referenced above, asked
Plaintiffto: 1) “IDENTIFY EACH
| VEHICLE on which you contend that you
i installed brake parts purchased at i
! MONUMENT.” Exhibit E to the Morris |
| Decl, page 3, lines 10-12. 21. i
21.
4839-3259-8536.1 6
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF
TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
PA AIIOT AT ATATELEWIS
BRIs8OS
BISGAARD:
SMI LP:
OOO Ne
Ss
prec ey iba Sarco
|
t
22.
: Pell). g 8 Le Bee oe eo
Plaintiff Paul Van DeGrift responses re-state
his responses to standard friction
interrogatories, set one, apart from claiming
that plaintiff purchased ad! replacement parts
for his automobile repairs at MONUMENT
AUTO PARTS. Responses to ppecial
Interrogatories, attached as Exhibit F to the
Morris Decl, pages 1-2. 22.
33. At deposition on July 14, 2010, Mr. Van
|
|
|
DeGnift testified to working with parts
purchased at Monument for only two
vehicles; he recalled installing Bendix brakes
in 1975 or 1976 on a 1966 Chevy Bel Air
and installing gaskets purchased at
Monument in 1975 for a 1972 Chevy Station
Wagon. (Exhibit G, Deposition of Paul Van +
DeGrift, Volume IL, 316:20-25; 321:15-25;
328:14-329:5). 23,
23.
24.
i
However, VAN DEGRIFT could not recall
arcing, sanding, abrading, or altering any of
the new brakes or gaskets purchased from
Monument. (Exhibit G, Deposition of Paul
Van DeGrift, Volume Il, 273:11-20; 318:13-
16; 329:3-5).
[ 24,
4839-3259-8536.1
7
TRIMON, INC. IN SUPPORT OF MOTION FOR SUM:
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF
Acer re are
MARY JUDGMENT AND/OR SUMMARY ADJUDICATION1 ISSUE THREE: SUMMARY ADJUDICATION OF THE THIRD CAUSE OF ACTION
FOR FALSE REPRESENTATION IS PROPER, AS PLAINTIFF CANNOT
2 ESTABLISH ANY OF THE REQUISITE ELEMENTS
3 |) SUPPORTING STATEMENT:
4
yA OPA Sa Be ae he yd A INS ag EMRE ee Sr elie
5 tae ene oe SU ONIN Opa Ue ane 2 Sota font) Oe)
re Rade Old ge) 0 ee taunts |
6 atu i aca Ca : ee niaiE Es fl
7 25. On February 18, 2009, plaintiff PAUL VAN | 25, i
DEGRIFT [hereinafter “VAN DEGRIFT”] _ | |
8 filed this personal injury action inthe San | |
Francisco County Superior Court. Trialin — j |
9 this case is scheduled for May 2, 2010. !
! Plaintiff VAN DEGRIFT alleges in Exhibit
10 “A” of his Complaint that he was exposed to
| asbestos-containing materials during his non- :
Il occupational friction work, including
performing brake jobs, clutch jobs and !
12 engine gasket work on 13 personal vehicles j
with Bendix. and Raybestos brakes, Borg- |
13 Wamer clutches and Victor gaskets
purchased from various automobile supply |
14 houses, including Kragen Auto Paris, Pep :
Boys, Monument Auto Parts, Napa Auto
15 Parts and Vaca Valley Auto. Plaintiff's
Complaint, attached as Exhibit A to the |
16 |! Declaration of Bretton Morris (hereinafter :
Morris Decl.) . |
17 1°56. TRIMON filed an Answer on or about May | 26. |
18 II 26, 2009, denying each and every allegation | j
| in the Complaint, TRIMON’s Answer, i |
19 attached as Exhibit B to the Morris |
Decl.26. : _
20 27, Plaintiff Paul Van DeGrift was deemed 27,
served with Friction Standard Interrogatories,
al Set One, attached as Exhibit C to the
» Morris Decl, -
28. These interrogatories sought, inter alia, a 28.
23 description of the products to which Plaintiff |
. Paul Van DeGrift is claiming he was |
24 exposed, details of the specific means of ' |
exposure by each product, the specific area i
25 where the exposure occurred, and the time
Period within which the exposure took place.
26 |, tiction Standard Interrogatories, Set One,
| pages 3-7, attached as Exhibit C to the
27 |! orris Decl. .
28
LEWIS
BRISBOIS 4839-3259-8536,1 8
BSGAARD SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF
&SMIHUP TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ANDIOR SUMMARY ADJUDICATION
Serer a aOO I DA BR WN
RO me
RBNRRRPRBE BSED RARE BHrAS
: Bat
geen
ung
ies eli ass
29. Additionally, these interrogatories sought the
| name, address and phone number of any
: witnesses who have information about
Plaintiff Paul Van DeGrift’s work and all
| documents to support his claims. Friction |
! Standard Interrogatories, Set One, pi
lines 17-19, attached as Exhibit Ch to fe
Morris Decl.
29,
30, Plaintiff Paul’ Van DeGrift submitted
responses to the Standard Friction
Interrogatories, wherein he identified his
exposure to automobile friction products.
Interrogatories Friction, Set One, at pages
24, attached as Exhibit D to the Morris
Plaintiff's responses allege non-
occupational friction work, including
performing brake jobs, clutch jobs and
31.
i engine gasket work on 13 personal vehicles
with Bendix and Raybestos brakes, Borg-
: Warner clutches and Victor gaskets
purchased from various automobile supply
| houses, including Kragen Auto Parts, Pep
Boys, Monument Auto Parts, Napa Auto
Parts and Vaca Valley Auto. Plaintiff's
Responses to Standard Case
Interrogatories Friction, Set One, pages 2-
3, attached as Exhibit D to the Morris
Decl., page 4:8-22 31.
Plaintiff's Responses to Standard Case
32. TRIMON propounded a first set of Special
Interrogatories, to VAN DEGRIFT, Special
Interrogatories, attached as Exhibit E to the
Morris Dect.
t
32.
'
33. Among other requests, TRIMON’s special
4 interrogatories, referenced above, asked
I Plaintiff to: 1) "IDENTIFY EACH
: VEHICLE on which you contend that you
: installed brake parts purchased at
i MONUMENT.” Exhibit E to the Morris
| Decl, page 3, lines 10-12, 33.
33,
| i
I — —
4839-3259-8536.1
9
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF
TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
RA IMIOT FE ATRTDLEWIS
BRISBOIS
ABGAARD
&SMIHUP
COC CO SR RR ND me
te
wt
“3a. Plaintiff VAN DEGRIFT’s responses restate | j 34.
Morris Decl, pages I~ 2. 3 34.
35.
his responses to standard friction
interrogatories, set one, apart from claiming
that plaintiff purchased afl replacement parts |
for his automobile repairs at MONUMENT
AUTO PARTS. Responses to Special
Interrogatories, attached as Exhibit F to the
At deposition on July 14, 2010, VAN
DEGRIFT testified to working with parts
purchased at Monument for only two
vehicles; he recalled installing Bendix brakes
in 1975 or 1976 on a 1966 Chevy Bel Air
and installing gaskets purchased at
Monument in 1975 for a 1972 Chevy Station
Wagon. (Exhibit G, Deposition of Paul Van
DeGrift, Volume H, 316:20-25; 321:15-25;
328:14-329:5). 35.
35.
. However, VAN DEGRIFT could nof recall
arcing, sanding, abrading, or altering any of
the new brakes or gaskets purchased from
Monument. (Exhibit G, Deposition of Paul
Van DeGrift, Volume II, 273:1 1-20; 318:13-
16; 329:3-5).
36.
DATED: January 14,2011
Respectfully submitted,
LEWIS BRISBOIS BISGAARD & SMITH LLP
By 4/ Bretton Morris
Bretton Morris
Attorneys for Defendant
TRIMON, INC,
4839-3259-8536.1
10
SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS O}
TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
PAamen ne Te
Preview
Do Oo DTD DB TH BR YF NR me ny et tk RBNeRRRBREBSSEERDRRESH AS EDWARD P. TUGADE, SBN 226797 E-Mail: tugade@ibbslaw.com BRETTON MORRIS, SBN 245702 E-Mail: morrisb@lbbslaw.com One Sansome Street, Suite 1400 San Francisco, California 94104 Telephone: (415) 362-2580 Facsimile: (415) 434-0882 Attomeys for Defendant TRIMON, INC. || PAUL VAN DEGRIFT, Plaintiff, Defendants. ELECTRONICALLY LEWIS BRISBOIS BISGAARD & SMITH LLP FILED Superior Court of California, County of San Francisco JAN 18 2011 Clerk of the Court BY: ALISON AGBAY Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO CASE NO. CGC-09-275076 ) ) } SEPARATE STATEMENT OF } UNDISPUTED MATERIALS FACTS OF } TRIMON, INC, IN SUPPORT OF } MOTION FOR SUMMARY JUDGMENT } AND/OR SUMMARY ADJUDICATION } AGAINST PLAINTIFF ) ) Date: March 30, 2011 )} Time: 9:30 a.m. } Dept: 220 ) Judge: Harold E. Kahn ) Trial Date: May 2, 2011 ) ) ) Action Filed: February 18, 2009 4839-3259-85361 I SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF . TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION Cea mieT ar Aereye 3h Boa mow NN mat RURRRERBRYE SSPREMARABDE BRAS 5 er ee SS ISSUES: ISSUE ONE: SUMMARY ADJUDICATION AS TO THE PLAINTIFE’S FIRST CAUSE OF ACTION (NEGLIGENCE) | SUPPORTING STATEMENT: OREN eS Nie Use) Sue ae ae 1. On February 18, 2009, plaintiff PAUL VAN | 1. DEGRIFT (hereinafter “VAN DEGRIFT"} filed this personal injury action in the San Francisco County Superior Court. Trialin | this case is scheduled for May 2, 2010. 4 Plaintiff VAN DEGRIFT alleges in Exhibit : “A” of his Complaint that he was exposed to | asbestos-containing materials during his non- : occupational friction work, including | performing brake jobs, clutch jobs and : engine gasket work on 13 personal vehicles i | with Bendix and Raybestos brakes, Borg- Warner clutches and Victor gaskets purchased from various automobile supply houses, including Kragen Auto Parts, Pep Boys, Monument Auto Parts, Napa Auto Parts and Vaca Valley Auto. Plaintiff's : Complaint, attached as Exhibit A to the i Declaration of Bretton Morris (hereinafter | i Morris Decl.) : 2. TRIMON filed an Answer on cr about May | 2. ' 26, 2009, denying cach and every allegation : in the Complaint. TRIMON’s Answer, i attached as Exhibit B to the Morris Decl. 3. Plaintiff Paul Van DeGrift was deemed 3. | served with Friction Standard Interrogatories, : Set One, attached as Exhibit C to the 1 Morris Decl. 4. These interrogatories sought, inter alia, a 4, description of the products to which Plaintiff , | Paul Van DeGrift is claiming he was exposed, details of the specific means of exposure by each product, the specific area i where the exposure occurred, and the time period within which the exposure took place. Friction Standard Interrogatories, Set One, pages 3-7, attached as Exhibit C to the orris Decl. 4839-3259-8536.1 2 SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF , TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION CR Re AE ONTCm NRW BR WwW HY 10 ee eee ee oe svi ee Tees INCE e ato pen ON Bh e e aa so aren i oya 5. Additionally, these interrogatories sought the | 5, name, address and phone number of any witnesses who have information about Plaintiff Paul Van DeGrift’s work and all documents to support his claims. Friction | Standard Interrogatories, Set One, page 4, } lines 17-19, attached as Exhibit C to the Morris Dec}. 6. Plaintiff Paul Van DeGrift submitted 6. responses to the Standard Friction Interrogatories, wherein he identified his 1 exposure to automobile friction products. i Plaintiff's Responses to Standard Case . : : Interrogatories Friction, Set One, at pages j | 24, fttached as Exhibit D to the Morris i ol. 7. Plaintiff's responses allege non: occupational friction work, including performing brake jobs, clutch jobs and : engine gasket work on 13 personal vehicles | i with Bendix and Raybestos brakes, Borg- ! Warner clutches and Victor gaskets purchased from various automobile supply houses, including Kragen Auto Parts, Pep Boys, Monument Auto Parts, Napa Auto Parts and Vaca Valley Auto, Plaintiff's Responses to Standard Case Interrogatories Friction, Set One, pages 2- | 3, attached as Exhibit D to the Mortis Decl., page 4:8-22 | 8. TRIMON propounded a first set of Special 8. 1 Interrogatories, to Plaintiff Paul Van DeGrift, : I Special Interrogatories, attached as xhibit E to the Morris Decl. ' 9, Among other requests, TRIMON’s special 9. . interrogatories, referenced above, asked i \ ‘ Plaintiff to: 1) MDENTIFY EACH 1 | | 1 VEHICLE on which you contend that you =| installed brake parts purchased at MONUMENT.” Exhibit E to the Morris Decl, page 3, lines 10-12. 4830-3259-8536.1 3 SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION Pater nr eTArTLEWIS BRISBOIS ASGARD &SMHUP SO OO DR De = Ss 12 ne ey a bias 10. VAN DEGRIFT’s responses re-state his ' 10. | responses to standard friction interrogatories, : set one, apart from claiming that plaintiff | purchased ail replacement parts for his automobile repairs at MONUMENT AUTO PARTS. Responses to Special i Interrogatories, attached as Exhibit F to the :__ Morris Deel, 1, pages 1-2. 1]. At deposition on July 14, 2010, VAN Pq, DEGRIFT testified to working with parts ! purchased at Monument for only two : vehicles; he recalled installing Bendix brakes in 1975 or 1976 ona 1966 Chevy Bel Air and installing gaskets purchased at Monument in 1975 for a 1972 Chevy Station : Wagon. (Exhibit G, Deposition of Paul Van | | DeGrifi, Volume I, 316:20-25; 321:15-25; 328:14-329:5}, | 12. However, VAN DEGRIFT could aot recall arcing, sanding, abrading, or altering any of the new brakes or gaskets purchased from : Monument. (Exhibit G, Deposition of Paul: i Van DeGrift, Volume Il, 273:11-20; 318:13- | 16; 329:3-5). 12. 4839-3259-8536.1 4 | SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION Aare eA ReLEWIS BRISBOIS BISGAARD &SMIH UP co eI RH BW NY = oe oe Ww NY =| 14 ISSUE TWO: SECOND CAUSE OF ACTION (STRICT LIABILITY) SUPPORTING STATEMENT; ee Sica eal) ie nee i or bala. | 13, On February 18, 2009, plaintiff PAUL VAN 13. DEGRIFT [hereinafter “VAN DEGRIFT”} filed this personal injury action in the San Francisco County Superior Court. Trial in this case is scheduled for May 2, 2010. Plaintiff VAN DEGRIFT alleges in Exhibit “A” of his Complaint that he was exposed to asbestos-containing materials during his non- occupational friction work, including performing brake jobs, clutch jobs and engine gasket work on 13 personal vehicles with Bendix and Raybestos brakes, Borg- Wamer clutches and Victor gaskets purchased from various automobile supply houses, including Kragen Auto Parts, Pep Boys, Monument Auto Parts, Napa Auto Parts and Vaca Valley Auto. Plaintiff's Complaint, attached as Exhibit A to the Declaration of Bretton Morris (hereinafter Moris Deel.) 14. Morris Decl. . These interrogatories sought, inter alia, a TRIMON filed an Answer on or about May 26, 2009, denying cach and every allegation in the Complaint. TRIMON’s Answer, attached as Exhibit B to the Morris Decl. . Plaintiff Paul Van DeGrift was deemed served with Friction Standard Interrogatori¢s, Set One, attached as Exhibit C to the | 15. 1 description of the products to which Plaintiff Paul Van DeGrift is claiming he was exposed, details of the specific means of exposure by each product, the specific area where the exposure occurred, and the time 16. period within which the exposure took place. Friction Standard Interrogatories, Set One, | es 3-7, attached as Exhibit C to the lorris Decl. 4839-3259-8536.1 3 TRIMON, INC. IN SUPPORT OF MOTION FOR SUM SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF MARY JUDGMENT AND/OR SUMMARY ADJUDICATION rer ne amenOo Om NY DH BF Wm NR ty me emt etn RPNRRRERBR EF BSB URGE E BARA S Pe eae eat ee EV Tew Winery sc uae i sone ee a uioa 17. Additionally, these interrogatories sought the name, address and phone number of any witnesses who have information about Plaintiff Paul Van DeGrift’s work and all documents to support his claims, Friction Standard Interrogatories, Set One, page 4, 17. Soe | lines 17-19, attached as Exhibit C to the Morris Decl. | 18. Plaintiff Paul Van DeGrift submitted responses to the Standard Friction Interrogatories, wherein he identified his | exposure to automobile friction products. Plaintiff's Responses to Standard Case Interrogatories Friction, Set One, at pages 2-4, attached as Exhibit D to the Morris cl.18. i 18. 19. Plaintiff's responses allege non- : occupational friction work, including | performing brake jobs, clutch jobs and engine gasket work on 13 personal vehicles with Bendix and Raybestos brakes, Borg- Warmer clutches and Victor gaskets purchased from various automobile supply houses, including Kragen Auto Parts, Pep Boys, Monument Auto Parts, Napa Auto Parts and Vaca Valley Auto. Plaintiff's Responses to Standard Case Interrogatories Friction, Set One, pages 2- 3, attached as Exhibit D to the Morris Decl., page 4:8-22 19. “19. | | ' 20. TRIMON propounded a first set of Special Interrogatories, to Plaintiff Paul Van DeGrift, Special Interrogatories, attached as Exhibit E to the Morris Decl. 20. 21. Among other requests, TRIMON’s special interrogatories, referenced above, asked Plaintiffto: 1) “IDENTIFY EACH | VEHICLE on which you contend that you i installed brake parts purchased at i ! MONUMENT.” Exhibit E to the Morris | | Decl, page 3, lines 10-12. 21. i 21. 4839-3259-8536.1 6 SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION PA AIIOT AT ATATELEWIS BRIs8OS BISGAARD: SMI LP: OOO Ne Ss prec ey iba Sarco | t 22. : Pell). g 8 Le Bee oe eo Plaintiff Paul Van DeGrift responses re-state his responses to standard friction interrogatories, set one, apart from claiming that plaintiff purchased ad! replacement parts for his automobile repairs at MONUMENT AUTO PARTS. Responses to ppecial Interrogatories, attached as Exhibit F to the Morris Decl, pages 1-2. 22. 33. At deposition on July 14, 2010, Mr. Van | | | DeGnift testified to working with parts purchased at Monument for only two vehicles; he recalled installing Bendix brakes in 1975 or 1976 on a 1966 Chevy Bel Air and installing gaskets purchased at Monument in 1975 for a 1972 Chevy Station Wagon. (Exhibit G, Deposition of Paul Van + DeGrift, Volume IL, 316:20-25; 321:15-25; 328:14-329:5). 23, 23. 24. i However, VAN DEGRIFT could not recall arcing, sanding, abrading, or altering any of the new brakes or gaskets purchased from Monument. (Exhibit G, Deposition of Paul Van DeGrift, Volume Il, 273:11-20; 318:13- 16; 329:3-5). [ 24, 4839-3259-8536.1 7 TRIMON, INC. IN SUPPORT OF MOTION FOR SUM: SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF Acer re are MARY JUDGMENT AND/OR SUMMARY ADJUDICATION1 ISSUE THREE: SUMMARY ADJUDICATION OF THE THIRD CAUSE OF ACTION FOR FALSE REPRESENTATION IS PROPER, AS PLAINTIFF CANNOT 2 ESTABLISH ANY OF THE REQUISITE ELEMENTS 3 |) SUPPORTING STATEMENT: 4 yA OPA Sa Be ae he yd A INS ag EMRE ee Sr elie 5 tae ene oe SU ONIN Opa Ue ane 2 Sota font) Oe) re Rade Old ge) 0 ee taunts | 6 atu i aca Ca : ee niaiE Es fl 7 25. On February 18, 2009, plaintiff PAUL VAN | 25, i DEGRIFT [hereinafter “VAN DEGRIFT”] _ | | 8 filed this personal injury action inthe San | | Francisco County Superior Court. Trialin — j | 9 this case is scheduled for May 2, 2010. ! ! Plaintiff VAN DEGRIFT alleges in Exhibit 10 “A” of his Complaint that he was exposed to | asbestos-containing materials during his non- : Il occupational friction work, including performing brake jobs, clutch jobs and ! 12 engine gasket work on 13 personal vehicles j with Bendix. and Raybestos brakes, Borg- | 13 Wamer clutches and Victor gaskets purchased from various automobile supply | 14 houses, including Kragen Auto Paris, Pep : Boys, Monument Auto Parts, Napa Auto 15 Parts and Vaca Valley Auto. Plaintiff's Complaint, attached as Exhibit A to the | 16 |! Declaration of Bretton Morris (hereinafter : Morris Decl.) . | 17 1°56. TRIMON filed an Answer on or about May | 26. | 18 II 26, 2009, denying each and every allegation | j | in the Complaint, TRIMON’s Answer, i | 19 attached as Exhibit B to the Morris | Decl.26. : _ 20 27, Plaintiff Paul Van DeGrift was deemed 27, served with Friction Standard Interrogatories, al Set One, attached as Exhibit C to the » Morris Decl, - 28. These interrogatories sought, inter alia, a 28. 23 description of the products to which Plaintiff | . Paul Van DeGrift is claiming he was | 24 exposed, details of the specific means of ' | exposure by each product, the specific area i 25 where the exposure occurred, and the time Period within which the exposure took place. 26 |, tiction Standard Interrogatories, Set One, | pages 3-7, attached as Exhibit C to the 27 |! orris Decl. . 28 LEWIS BRISBOIS 4839-3259-8536,1 8 BSGAARD SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF &SMIHUP TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ANDIOR SUMMARY ADJUDICATION Serer a aOO I DA BR WN RO me RBNRRRPRBE BSED RARE BHrAS : Bat geen ung ies eli ass 29. Additionally, these interrogatories sought the | name, address and phone number of any : witnesses who have information about Plaintiff Paul Van DeGrift’s work and all | documents to support his claims. Friction | ! Standard Interrogatories, Set One, pi lines 17-19, attached as Exhibit Ch to fe Morris Decl. 29, 30, Plaintiff Paul’ Van DeGrift submitted responses to the Standard Friction Interrogatories, wherein he identified his exposure to automobile friction products. Interrogatories Friction, Set One, at pages 24, attached as Exhibit D to the Morris Plaintiff's responses allege non- occupational friction work, including performing brake jobs, clutch jobs and 31. i engine gasket work on 13 personal vehicles with Bendix and Raybestos brakes, Borg- : Warner clutches and Victor gaskets purchased from various automobile supply | houses, including Kragen Auto Parts, Pep Boys, Monument Auto Parts, Napa Auto Parts and Vaca Valley Auto. Plaintiff's Responses to Standard Case Interrogatories Friction, Set One, pages 2- 3, attached as Exhibit D to the Morris Decl., page 4:8-22 31. Plaintiff's Responses to Standard Case 32. TRIMON propounded a first set of Special Interrogatories, to VAN DEGRIFT, Special Interrogatories, attached as Exhibit E to the Morris Dect. t 32. ' 33. Among other requests, TRIMON’s special 4 interrogatories, referenced above, asked I Plaintiff to: 1) "IDENTIFY EACH : VEHICLE on which you contend that you : installed brake parts purchased at i MONUMENT.” Exhibit E to the Morris | Decl, page 3, lines 10-12, 33. 33, | i I — — 4839-3259-8536.1 9 SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS OF TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION RA IMIOT FE ATRTDLEWIS BRISBOIS ABGAARD &SMIHUP COC CO SR RR ND me te wt “3a. Plaintiff VAN DEGRIFT’s responses restate | j 34. Morris Decl, pages I~ 2. 3 34. 35. his responses to standard friction interrogatories, set one, apart from claiming that plaintiff purchased afl replacement parts | for his automobile repairs at MONUMENT AUTO PARTS. Responses to Special Interrogatories, attached as Exhibit F to the At deposition on July 14, 2010, VAN DEGRIFT testified to working with parts purchased at Monument for only two vehicles; he recalled installing Bendix brakes in 1975 or 1976 on a 1966 Chevy Bel Air and installing gaskets purchased at Monument in 1975 for a 1972 Chevy Station Wagon. (Exhibit G, Deposition of Paul Van DeGrift, Volume H, 316:20-25; 321:15-25; 328:14-329:5). 35. 35. . However, VAN DEGRIFT could nof recall arcing, sanding, abrading, or altering any of the new brakes or gaskets purchased from Monument. (Exhibit G, Deposition of Paul Van DeGrift, Volume II, 273:1 1-20; 318:13- 16; 329:3-5). 36. DATED: January 14,2011 Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH LLP By 4/ Bretton Morris Bretton Morris Attorneys for Defendant TRIMON, INC, 4839-3259-8536.1 10 SEPARATE STATEMENT OF UNDISPUTED MATERIALS FACTS O} TRIMON, INC. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION PAamen ne Te