Party Discovery: VALERI NISKANEN ET AL VS. KELLY-MOORE PAINT COMPANY, INC. ET AL

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                                1    JULIE A. TORRES (SBN 80752)
                           Julie.Torres@wilsoneelser.com
                      2    GAYLE L. KETCHIE (SBN 322422)                                                         ELECTRONICALLY
                      3
                           Gayle.Ketchie@wilsoneelser.com                                                           F  I  L   E  D
                           WILSON, ELSER, MOSKOWITZ,                                                             Superior Court of California,
                                                                                                                  County of San Francisco
                      4        EDELMAN & DICKER LLP
                           525 Market Street, 17th Floor                                                             10/22/2021
                                                                                                                 Clerk of the Court
                      5    San Francisco, California 94105                                                         BY: YOLANDA TABO-RAMIREZ
                           Telephone:        (415) 433-0990                                                                   Deputy Clerk
                      6    Facsimile:        (415) 434-1370
                      7    Attorneys for Defendant
                           ANDERSON, ROWE & BUCKLEY, INC.
                      8
                                                  SUPERIOR COURT OF THE STATE OF CALIFORNIA
                      9
                                                          FOR THE COUNTY OF SAN FRANCISCO
                    10

                    11
                           VALERI NISKANEN, as Successor-in-                            CASE NO. CGC-19-276813
                    12     Interest to and as Wrongful Death Heir of
                           BILLY JOE McCLARY, Deceased; and TAM
                    13     VICTORIA BLAKE, TAMLYN ORTEGON,                              DEFENDANT ANDERSON, ROWE &
                           SUSAN FRENCH and STEVEN McCLARY,                             BUCKLEY, INC.’S REQUEST FOR
                    14     as Wrongful Death Heirs of BILLY JOE                         PRODUCTION OF DOCUMENTS AND
                           McCLARY, Deceased;                                           TANGIBLE THINGS TO TAMLYN
                    15
                                                                                        ORTEGON, SET ONE
                                         Plaintiffs,
                    16                                                                  Action Filed:        December 4, 2019
                                    vs.
                    17
                           KELLY-MOORE PAINT COMPANY, INC.
                    18     et al.;
                    19                       Defendants.
                    20

                    21
                           PROPOUNDING PARTY:                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.
                    22
                           RESPONDING PARTY:                            PLAINTIFF TAMLYN ORTEGON
                    23
                           SET NO:                                      ONE (1)
                    24

                    25
                           TO PLAINTIFF TAMLYN ORTEGON AND TO HER COUNSEL OF RECORD:
                    26
                                    Pursuant to Code of Civil Procedure § 2030.010, et seq., Defendant, ANDERSON,
                    27
                           ROWE & BUCKLEY, INC., requests that Plaintiff, TAMLYN ORTEGON, respond to the
                    28
                           following Requests for Production of Documents1 and Tangible Things fully in writing, and under
                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1
                      1    oath, within thirty (30) days of service. All responsive materials known to Plaintiff, his attorneys,

                      2    and her past and present agents must be produced to the Law Offices of Wilson Elser Moskowitz

                      3    Edelman & Dicker LLP, 525 Market St., 17th Floor, San Francisco, CA, 94105.

                      4                                                   INSTRUCTIONS
                      5             1.       If any document, material, information, or communication is withheld on the basis

                      6    of any alleged privilege or protection, a Privilege Log must be produced which states as to each

                      7    item being withheld: (1) the specific privilege or protection being alleged, (2) a statement of the

                      8    grounds supporting the assertion of the privilege or protection being alleged, (3) the nature of the

                      9    item being withheld (e.g., letter, email, memorandum, recording, physical object, etc.), (4) the

                    10     dates the item was produced, authored, published, distributed, and received, and (5) the item’s

                    11     owners, authors, and recipients, including all individuals and organizations with knowledge of

                    12     the item’s existence.

                    13              2.       Whenever a document is identified in response to a particular request, please

                    14     attach a true and correct copy of that document to your corresponding response.

                    15                                                      DEFINITIONS
                    16              “YOU”, “YOUR” or “PLAINTIFF” refers to Plaintiff, TAMLYN ORTEGON, as well
                    17     as any and all present or former agents, employees, attorneys, investigators or representatives

                    18     acting on behalf of Plaintiff.
                    19              “ANDERSON, ROWE & BUCKLEY, INC.” or “DEFENDANT”, refers to Defendant,
                    20     “ANDERSON, ROWE & BUCKLEY, INC.”, or any person or entity acting on behalf of

                    21     ANDERSON, ROWE & BUCKLEY, INC. including directors, officers, employees, and agents.

                    22              “TAMLYN ORTEGON” refers to Plaintiff, TAMLYN ORTEGON, and includes all
                    23     present and former agents, employees, attorneys, investigators or representative’s action on

                    24     behalf of TAMLYN ORTEGON.

                    25               “ASBESTOS” or “ASBESTOS CONTAINING” refers to the naturally occurring
                    26     mineral, in any form, including, but not limited to: dust, fibers, particles, products, materials,

                    27     equipment or substances manufactured from or containing ASBESTOS fibers.
                    28              “RELATING TO” or “PERTAINING TO” herein, is used in the broadest sense to
                                                                                     2
                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1
                      1    include all non-privileged information reasonably calculated to lead to admissible discovery

                      2    including: embodying, concerning, constituting, comprising, reflecting, supporting, discussing,

                      3    referencing, evidencing,       any legal or factual subject matter in question.

                      4             “IDENTIFY ALL PERSONS” as used herein, means provide all contact information
                      5    including, but not limited to, the names, addresses, and phone numbers of each person(s).

                      6             “IDENTIFY ALL DOCUMENTS” as used herein, means describe each document in
                      7    sufficient detail which includes, but is not limited to, identifying the type of document, date,

                      8    author or parties signatory, addressee or recipients, number of pages, subject matter, name and

                      9    address of each person in possession of original or any copy.

                    10               “DOCUMENT(S),” as used herein, has the broadest meaning possible, referring to and
                    11     encompassing, without limitation, the definitions of “writing” and “original” set forth in

                    12     Evidence Code §§ 250 and 255, as follows: “‘Writing’ means handwriting, typewriting, printing,

                    13     photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and

                    14     every other means of recording upon any tangible thing, any form of communication or

                    15     representation, including letters, words, pictures, sounds, or symbols, or combinations thereof,

                    16     and any record thereby created, regardless of the manner in which the record has been stored.”

                    17     “‘Original’ means the writing itself or any counterpart intended to have the same effect by a

                    18     person executing or issuing it. An ‘original’ of a photograph includes the negative or any print
                    19     therefrom. If data is stored in a computer or similar device, any printout or other output readable
                    20     by sight, shown to reflect the data accurately, is an ‘original.’”

                    21              “NEGLIGENCE II” as used herein, is defined as YOUR First Cause of Action for
                    22     “Negligence”.

                    23               “LOSS OF CONSORTIUM” as used herein is defined as YOUR Tenth Cause of
                    24     Action for “Loss of Consortium”.

                    25              “ECONOMIC DAMAGES,” as used herein, is defined by Cal. Civil Code §
                    26     1431.2(b)(1), which provides that “the term ‘economic damages’ means objectively verifiable

                    27     monetary losses including medical expenses, loss of earnings, burial costs, loss of use of

                    28     property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of
                                                                                     3
                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1
                      1    employment and loss of business or employment opportunities.”

                      2             “NON-ECONOMIC DAMAGES,” as used herein, is defined in the Cal. Civil Code §
                      3    1431.2(b)(2), which provides that “the term ‘non-economic damages’ means subjective, non-

                      4    monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering,

                      5    emotional distress, loss of society and companionship, loss of consortium, injury to reputation

                      6    and humiliation.”

                      7             “PRODUCT DETAILS” as used herein, includes, but is not limited to: product name,
                      8    model, type, color, texture, size, weight, length, width, and material composition; any markings,

                      9    writings, or logos on the product; its application, use, and purpose; the equipment or system the

                    10     product was attached to or removed from; and the product’s approximate age.

                    11              All words and phrases not specially defined shall be given their normal and ordinary

                    12     definitions and usages.

                    13                                                       REQUESTS
                    14     REQUEST FOR PRODUCTION NO. 1
                    15              Any and all DOCUMENTS RELATING TO YOUR First Cause of Action against

                    16     ANDERSON, ROWE & BUCKLEY, INC. for NEGLIGENCE.

                    17     REQUEST FOR PRODUCTION NO. 2
                    18              Any and all DOCUMENTS RELATING TO YOUR Tenth Cause of Action against
                    19     ANDERSON, ROWE & BUCKLEY, INC. for LOSS OF CONSORTIUM.
                    20     REQUEST FOR PRODUCTION NO. 3
                    21              Any and all DOCUMENTS RELATING TO YOUR claim that ANDERSON, ROWE &

                    22     BUCKLEY, INC. is liable to YOU for Punitive Damages.

                    23     REQUEST FOR PRODUCTION NO. 4
                    24              Any and all DOCUMENTS RELATING TO YOUR claim that ANDERSON, ROWE &

                    25     BUCKLEY, INC. is liable to YOU for ECONOMIC DAMAGES.

                    26     REQUEST FOR PRODUCTION NO. 5
                    27              Any and all DOCUMENTS RELATING TO YOUR claim that ANDERSON, ROWE &

                    28     BUCKLEY, INC. is liable to YOU for NON-ECONOMIC DAMAGES.
                                                                                     4
                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1
                      1    REQUEST FOR PRODUCTION NO. 6
                      2             Any and all DOCUMENTS RELATING TO YOUR contention that PLAINTIFF

                      3    TAMLYN ORTEGON was exposed to ASBESTOS from ANDERSON, ROWE & BUCKLEY,

                      4    INC. product(s).

                      5    REQUEST FOR PRODUCTION NO. 7
                      6             Any and all DOCUMENTS RELATING TO the specific location(s) where YOU claim

                      7    PLAINTIFF TAMLYN ORTEGON was allegedly exposed to ASBESTOS-CONTAINING

                      8    product(s) manufactured by W.W. HENRY.

                      9    REQUEST FOR PRODUCTION NO. 8
                    10              Any and all DOCUMENTS that IDENTIFY ALL PERSONS who have knowledge of

                    11     any facts supporting YOUR contention that PLAINTIFF TAMLYN ORTEGON was exposed to

                    12     ASBESTOS-CONTAINING product(s) manufactured by ANDERSON, ROWE & BUCKLEY,

                    13     INC.

                    14     REQUEST FOR PRODUCTION NO. 9
                    15              Any and all DOCUMENTS RELATING TO PLAINTIFF TAMLYN ORTEGON’S

                    16     employment at any location where YOU claim PLAINTIFF TAMLYN ORTEGON allegedly

                    17     was exposed to ASBESTOS product(s) manufactured by ANDERSON, ROWE & BUCKLEY,

                    18     INC.
                    19     REQUEST FOR PRODUCTION NO. 10
                    20              Any and all DOCUMENTS RELATING TO PLAINTIFF TAMLYN ORTEGON’S work

                    21     activities with or around ANDERSON, ROWE & BUCKLEY, INC. product(s) that allegedly

                    22     exposed PLAINTIFF TAMLYN ORTEGON to ASBESTOS.

                    23     REQUEST FOR PRODUCTION NO. 11
                    24              Any and all DOCUMENTS RELATING TO the PRODUCT DETAILS of ANDERSON,

                    25     ROWE & BUCKLEY, INC. product(s) that allegedly exposed PLAINTIFF TAMLYN

                    26     ORTEGON to ASBESTOS.

                    27     REQUEST FOR PRODUCTION NO. 12
                    28              Any and all DOCUMENTS RELATING TO the frequency and duration of work
                                                                                     5
                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1
                      1    activities PLAINTIFF TAMLYN ORTEGON performed with or around ASBESTOS product(s)

                      2    YOU allege were sold, distributed or manufactured by ANDERSON, ROWE & BUCKLEY,

                      3    INC.

                      4    REQUEST FOR PRODUCTION NO. 13
                      5             Any and all DOCUMENTS RELATING TO how respirable asbestos fibers were released

                      6    from ANDERSON, ROWE & BUCKLEY, INC. product(s) allegedly exposing PLAINTIFF L

                      7    TAMLYN ORTEGON to ASBESTOS.

                      8    REQUEST FOR PRODUCTION NO. 14
                      9             Any and all DOCUMENTS RELATING TO PLAINTIFF TAMLYN ORTEGON’S work

                    10     with or around ASBESTOS-CONTAINING ANDERSON, ROWE & BUCKLEY, INC.

                    11     product(s).

                    12     REQUEST FOR PRODUCTION NO. 15
                    13              Any and all photographs depicting any location where YOU claim PLAINTIFF

                    14     TAMLYN ORTEGON was allegedly exposed to asbestos.

                    15     REQUEST FOR PRODUCTION NO. 16
                    16              Any and all DOCUMENTS RELATING TO other ASBESTOS-CONTAINING products

                    17     YOU claim PLAINTIFF TAMLYN ORTEGON worked with or around.

                    18     REQUEST FOR PRODUCTION NO. 17
                    19              Any and all DOCUMENTS supporting YOUR contention that ANDERSON, ROWE &
                    20     BUCKLEY, INC. knew of the risks associated with its products prior to PLAINTIFF TAMLYN

                    21     ORTEGON’S alleged exposure to an ASBESTOS CONTAINING product allegedly

                    22     manufactured by ANDERSON, ROWE & BUCKLEY, INC.

                    23     REQUEST FOR PRODUCTION NO. 18
                    24              Any and all DOCUMENTS PERTAINING TO the date YOU first became aware of the

                    25     potential health risks associated with ASBESTOS exposure.

                    26     REQUEST FOR PRODUCTION NO. 19
                    27              Any and all DOCUMENTS PERTAINING TO any personal injury action YOU filed in

                    28     any jurisdiction, other than the instant action.
                                                                                     6
                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1
                      1    REQUEST FOR PRODUCTION NO. 20
                      2             Any and all DOCUMENTS RELATING TO any workers compensation claim YOU filed

                      3    in any jurisdiction.

                      4    REQUEST FOR PRODUCTION NO. 21
                      5             Any and all DOCUMENTS submitted to any bankruptcy or settlement trust for

                      6    PLAINTIFF TAMLYN ORTEGON’S alleged asbestos-related injuries.

                      7    REQUEST FOR PRODUCTION NO. 22
                      8             Any and all DOCUMENTS RELATING to any medical treatment provided to

                      9    PLAINTIFF TAMLYN ORTEGON’S mesothelioma and/or other injuries YOU claim as a result

                    10     of PLAINTIFF TAMLYN ORTEGON’S exposure to asbestos.

                    11     REQUEST FOR PRODUCTION NO. 23
                    12              EACH AND EVERY can, tube, bucket or container or any type, in YOUR custody,

                    13     control or possession that contains or contained any ASBESTOS-CONTAINING MATERIAL

                    14     manufactured, distributed or sold by DEFENDANT.

                    15     REQUEST FOR PRODUCTION NO. 24
                    16              Any and all DOCUMENTS that refer to relate to any can, tube, bucket or container or

                    17     any type, in YOUR custody, control or possession which contain or contained any ASBESTOS-

                    18     CONTAINING MATERIAL manufactured, distributed or sold by DEFENDANT.
                    19     REQUEST FOR PRODUCTION NO. 25
                    20              Any and all DOCUMENTS identified in YOUR response(s) to DEFENDANT’S Special

                    21     Interrogatories to YOU, Set One, served concurrently herewith.

                    22     REQUEST FOR PRODUCTION NO. 26
                    23              Any and all DOCUMENTS identified in YOUR response(s) to DEFENDANT’S Form

                    24     Interrogatories to YOU, Set One, served concurrently herewith.

                    25     REQUEST FOR PRODUCTION NO. 27
                    26              Any and all DOCUMENTS identified in YOUR response(s) to DEFENDANT’S

                    27     Requests for Admission to YOU, Set One, served concurrently herewith.

                    28     ///
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                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1
                      1    REQUEST FOR PRODUCTION NO. 28
                      2             Any and all declarations signed by YOU in this action.

                      3    REQUEST FOR PRODUCTION NO. 29
                      4             Any and all declarations executed by anyone other than YOU related to this action,

                      5    including but not limited to any declarations executed by any medical treaters, experts,

                      6    PLAINTIFF TAMLYN ORTEGON’S co-workers.

                      7
                           Dated: October 22, 2021                               WILSON ELSER MOSKOWITZ
                      8                                                              EDELMAN & DICKER LLP

                      9
                                                                                By:
                    10                                                               Julie A. Torres, Esq.
                    11                                                               Gayle L. Ketchie, Esq.
                                                                                    Attorneys for Defendant
                    12                                                             ANDERSON, ROWE & BUCKLEY, INC.

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                           DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE
                           THINGS TO TAMLYN ORTEGONKE, SET ONE
                           202410230v.1