Motion,Ex Parte: CHARLES BOUDREAUX et al VS. ADVOCATE MINES, LTD et al

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DAVID T. BIDERMAN (State Bar No. 101577)

PATRICK M. MALONE (State Bar No. 167433) ELECTRONICALLY
PERKINS COIE LLP FILED
Four Embarcadero, Suite 2400 ‘Superior Court of California,
San Francisco, California 94111 County of San Francisco
Telephone: (415) 344-7000 OCT 16 2007
Facsimile: (415) 344-7288 GORDON PARK-LI, Clerk
BY: CHRISTLE ARRIOLA
Attorneys for Defendant Deputy Clery
Georgia-Pacific LLC, é/k/a Georgia-Pacific Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

CHARLES BOUDREAUX and DEBORAH | Case No. CGC-07-274029
BOUDREAUX,

SEPARATE STATEMENT OF

Plaintiff, UNDISPUTED MATERIAL FACTS IN.
SUPPORT OF DEFENDANT GEORGIA-
v PACIFIC LLC’S MOTION FOR

SUMMARY JUDGMENT OR, IN THE

ADVOCATE MINES, LTD., et al., ALTERNATIVE, FOR SUMMARY
Defendants ADJUDICATION
Date: October 29, 2007
Time: 9:30 a.m.
Department: 301
Judge: Hon, Patrick J. Mahoney
Complaint Filed: January 12,2007
Trial Set: November 13, 2007

Defendant Georgia-Pacific LLC, f/k/a Georgia-Pacific Corporation (hereinafter “Georgia-
Pacific” or “Defendant”) respectfully submits this separate statement of undisputed material facts

in support of its motion for summary judgment and/or summary adjudication.

SEPARATF STATEMENT OF UNDISPUTED MATERIAL FACTS
Case No, CGC-07-274129

{601312-0001,0315/LEGAL13640086.1UNDISPUTED FACTS
1, On or about January 12, 2007, Plaintiffs
Charles Boudreaux and Deborah
Boudreaux filed his complaint alleging
negligence, strict liability, and intentional
tort causes of action against Georgia-
Pacife.

x

Plaintififs allege that Plaintiff Charles
Boudreaux’s mesothelioma resulted from
his exposure to asbestos-containing
products manufactured by the various
defendants, to which he allegedly was
exposured while working in various
industrial plants, manufacturing plants,
commericial buildings, residential units,
and/or other facilities in California from
the mid 1960s until 2006 as well as from
exposure to asbestos fibers and dust
emanating from bis father’s work clothing
between the years 1952 and 1964.

>

. Georgia-Pacific Answered Plaintiffs’
Complaint on or about March 2, 2007.

5

Plaintiff Charles Boudrcaux’s deposition
was taken over four days, ie.. April 30,
May 1-2, 2007.

. At his deposition, when Mr. Boudreaux
was asked specifically whether he was
familiar with a company by the name of
Georgia-Pacific, Mr. Boudreaux testified
that he was unable to remember ever
having worked with or around any
product manufactured or distributed by
Georgia-Pacific.

EVIDENTIARY SUPPORT

Plaintifis’ Complaint, Ex. A, to Malone
ecl.

Plaintiffs’ Complaint, Ex. A, to Malone
Decl.

Georgia-Pacific’s Unverified Answer to
Plaintiff's Complaint, Ex. B, to Malone
Decl.

Transcript (relevant portions) of Charles
Boudreaux Deposition, Ex. C, to Malone
Decl.; Malone Decl.

See, e.g., transcrij
Deposition, Ex.
567:23-568:10.

of Charles Boudreaux
', to Malone Decl., at

-2-

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
274129

Case No. CGC-(
160312-0001.031 S/LEGAL!3640086.16. Mr. Boudreaux testified that in the mid-
1980s he personally used drywall, tape
and mud in remodeling the garage at his
home located in Tracy, California,
Although he put up drywall, tape and
mud.

=

. He was not able to recall the brand name
of those products.

=

. Plaintiff served answers to standard
asbestos case interrogatories, Sct Onc, on
January 18, 2007.

2

. Plaintiff served answers to standard
asbestos case interrogatories. Set ‘Iwo, on
January 18, 2007.

10. Plaintiff served supplemental/amended
responses to standard interrogatories, Set
‘One, on May 4, 2007.

11. Plaintiff served additional supplemental
amended responses to standard
interrogatories, Set One, along with a first
amended work history on July 11, 2007.

See, e.g., transcript of Charles Boudreaux
Deposition, Ex. C, to Malone Decl,, at
546:22-547:6; 548:4-549:6; 549:16-
19;551:23-552:20.

See, e.g,, transcript of Charles Boudreaux
Deposition, Ex. C, to Malone Decl., at
552:9-20.

Plaintiff's Answers to Interrogatories, Set
One, Ex. D, to Malone Decl.

Plaintif{"s Answers to Interrogatories, Set
‘Iwo, Ex. E, to Malone Decl.

Supplemental/Amended Responscs to
Interrogatorics, Set One, Ex. F, to Malone
Decl.

Supplemental/Amended Responses to
Interrogatories, (First Amended Work
History/SSPO), Ex. G, to Malone Deel

-3-

‘SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS.

Case No. CGC-07-274129
160312-000].031S/LEGAL13640086.1Row Nn

12. Plaintiff never identified using any
Georgia-Pacific product during his career
in response to standard interrogatories
and/or supplements thereto.

13. Defendant Georgia-Pacific propounded
special interrogatories on plaintiff on
August 9, 2007.

14, Defendant Georgia-Pacific propounded
requests for admissions on plaintiff on
August 8, 2007.

15. Defendant Georgia-Pacific propounded
requests for production of documents on
plaintiffs on August 8, 2007.

16. Defendant Georgia-Pacific sent a meet
and confer letter to plaintiffs on October
12, 2007.

DATED: October 15, 2007

See Plaintiff's Answers to Standard
Interrogatories, Set One, at Work History
Sheets 1-12, Ex. D to Malone Deel.;
Plaintiff's Supplemental Responses to
Standard Interrogatories, (First Amended
Work History/SSPO), at First Amended
bee History Sheets 1-18, Ex. G to Malone
ecl.

Georgia-Pacific LLC’s Special
Interrogatories to Plaintiff, Set One, Ex. H to
Malone Decl.

Georgia-Pacific LLC’s First Set of Requests
for Admissions to Plaintiffs, Ex. 1 to Malone
Decl.

Georgia-Pacific LLC’s Request for
Production of Documents to Plaintiff, Set
One, Ex. J to Malone Decl.

October 12, 2007 meet and confor letter
from P. Malone to R. Gold, Ex. K to Malone
Deel.

PERKINS COIE up

By: /s/ Patrick M. Malone
Patrick M. Malone

Attomeys for Defendant
Georgia-Pacific LLC, f/k/a Georgia-Pacific
Corporation

7EMENT OF UNDISPUTED MA IERIAL FACTS:

SEPARATE STATI
Case No. CGC-07-274129
{60312-000].03 S/LEGAL.13640086.1PROOF OF SERVICE
I, Lisa Hardeastle, am employed in the County of San Francisco, State of California, Tam
over the age of 18 years and am not a party to the within action. My business address is Perkins
Coie LLP, Four Embarcadero Center, Suite 2400, San Francisco, California 94111. Iam familiar
with the business practice of Perkins Coie LLP. On October 15, 2007, I caused to be served the
following document(s) on the interested parties in this action through the use of the website

maintained by Lexis Nexis.

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF
DEFENDANT GEORGIA-PACIFIC LLC’S MOTION FOR SUMMARY JUDGMENT
OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION

BY ELECTRONIC MAIL: | provided the document(s) listed above to the Lexis Nexis
website pursuant to their instructions on that website. If the document(s) is/are provided to
Verilaw electronically by 5:00 p.m., then the document will be decmed served on the date
that it was provided to Lexis Nexis.

1 declare under penalty of perjury under the laws of the State of California and the United
States of America that the foregoing is true and correct and was executed in San Francisco,

California.

DATED: October 15, 2007
isa Hardcastle

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SEPARATE STATEMENT OF UNDISPUTED MATERIAL PACTS

Case No, CGC-07-274129
(603 12-000 .031 5/1 GAL.T3400N6,1