Exhibit,Appendix: HAROLD KOEPKE et al VS. FORD MOTOR COMPANY et al

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HASSARD BONNINGTON LLP

ROBERT M. HAMBLETT, ESQ., State Bar No. 117685
EDWARD E. HARTLEY, ESQ., State Bar No. 122892

MARK C. DAVIS, ESQ,, State Bar No. 165779

Two Embarcadero Center, Suite 1800
San Francisco, California 94111-3993
Telephone: (415) 288-9800

Fax: (415) 288-9801

Attorneys for Defendant
FMC TECHNOLOGIES, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

MAY 07 2014

Clerk of the Court
BY: MICHAEL RAYRAY
Deputy Clerk

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION

HAROLD KOEPKE and NANCY KARDIS-
KOEPKE,

Plaintiffs,
vs.
FORD MOTOR COMPANY, et al.,

Defendants.

4.

No. CGC-13-276217

EXHIBITS F- G TO THE
DECLARATION OF MARK C. DAVIS
IN SUPPORT OF FMC
TECHNOLOGIES, INC.’S MOTION
FOR SUMMARY JUDGMENT
AND/OR SUMMARY ADJUDICATION

Date: June 4, 2014

Time: 9:30 a.m.

Dept: 503

Judge: Hon. Teri L. Jackson

Complaint Filed: July 25, 2013
Trial Date: February 10, 2014

{Concurrently filed with Points and
Authorities in Support of Motion;
Separate Statement of Undisputed
Material Facts; Declaration of Mark C.
Davis; Proposed Order]

EXHIBITS TO THE DECLARATION OF MARK C. DAVIS IN SUPPORT OF FMC TECHNOLOGIES, INC.'S MOTION FOR

SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATIONEXHIBIT Fo.clUcmODlClCO NUD RON

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
---000---
HAROLD KOEPKE AND NANCY KARIDIS-KOEPKE,
Plaintiffs,
VS. No. CGC13 276217
FORD MOTOR COMPANY, et al.,

Defendants.

VIDEOTAPED
DEPOSITION OF GARY MCARTHUR

(PMQ ~ BELNORTEL)

Taken before EARLY LANGLEY, CLR, RSA, RMR
CSR No. 3537

May 1, 2014

Aiken Welch Court Reporters
One Kaiser Plaza, Suite 250
Oakiand, California 94612
(510) 451-1580/(877) 451-1580
Fax: (510) 451-3797

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MS. MCCORMICK: That's fine.
MS. BOSCH: Thank you, Counsel.
(Whereupon, Exhibits 3 and 4 were
marked for Identification.)
MS. BOSCH: I've got premarked stickers 13:20
here.
BY MS. BOSCH:
Q. Sir, are you currently retired?
A. Yes.
Q. And my understanding is that in 1972 you 13:20
purchased a company called "Throwbot"; is that
right?
A. That's right.
Q. And in 1978 you purchased a company called
"Belnortel"; is that right? 13:20
A. That's right.
Q. And both companies were engaged in, what
I'm going to refer to as the "mobile brake service
business"; is that right?
A. That's right. 13:20
Q. We're going to talk some more about that
in a little bit, but before we do that, I'd like
to go back and ask you a few questions about your
work history prior to 1972.

Is it fair that you graduated from high 13:21

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Q. Now, the ABC Mobile truck that is depicted
in that convention magazine, does that look
consistent with the way the trucks that you had as
part of Throwbot were -- what they looked like?
MR. HARTLEY: Vague and ambiguous. 13:42
THE WITNESS: Yes.
BY MS. BOSCH:
Q. And we'll get to this in a little bit, but
in 1978, you bought a company called "Belnortel."
And that company also had an ABC Mobile Systems 13:42
franchise; right?
A. Right.
Q. Now -- and you also had trucks as part of
that Belnortel business; right?
A. Correct. 13:42
Q. Did the trucks that you have as part of
Belnortel, did they look consistent with what's

depicted in the picture here on the page ABC

90005?
MR. HARTLEY: Vague and ambiguous. 13:43
MS. MCCORMICK: Overbroad.
You can answer.
THE WITNESS: Oh, okay.
Essentially, yes.
BY MS. BOSCH: 13:43

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brake arcing

machine that was in the trucks that

you owned for Throwbot?

MS.

MR.

Overbroad.

MS.

THE

BY MS. BOSCH:

Q. How

business, do

name of the brake arcing machines that were in the

MCCORMICK: Overbroad.

HARTLEY: Vague and ambiguous.

MCCORMICK: Beyond the scope.

WITNESS: They were Barrett.

about when you bought the Belnortel

you recall the names -- the brand

vans that you acquired as part of your purchase?

MR.

Overbroad.

THE

BY MS. BOSCH:

Q. Was

THE

BY MS. BOSCH:

Q. Were the Barrett brake machines that you

HARTLEY: Vague. Ambiguous.

WITNESS: They were the same.

they Barrett as well?

HARTLEY: Same objections.

WITNESS: Yes.

acquired when you acquired Throwbot or when you

acquired Belnortel that were in the vans, were

they consistent with what's depicted in ABC 0040?

MR.

HARTLEY: Vague. Ambiguous.

13:52

13:52

13:53

13:53

13:53

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A. Barrett.
Q. And is the machine depicted on Exhibit No.
8 consistent with what you recall being in the
trucks that you had as part of Throwbot and
Belnortel? 13:57
MS. MCCORMICK: Vague. Overbroad. Calls
for speculation. Lacks foundation.
Authentication.
MR. HARTLEY: And compound.
THE WITNESS: Yes. 13:57
BY MS. BOSCH:
Q. Just in light of counsel's objections, I'm
going to ask it again.
Is the machine depicted on Exhibit No. 8,
sir, consistent with the brake machines -- brake 13:57
arcing machines that were in the trucks that you
acquired when you purchased Belnortel?
MS. MCCORMICK: Same objections.
Go ahead.
THE WITNESS: Yes. 13:57
BY MS. BOSCH:
Q. And if we juxtapose Exhibit No. 8 and
Exhibit No. 6, ABC 00040, do these machines look
similar?

MR. HARTLEY: Objection. Vague. 13:58

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THE WITNESS: No.
BY MS. BOSCH:

Q@. Do you recall any presentations by anyone
about the health hazards of asbestos?

A. No. 14:26

Q. 1978. You and Mr. Norris, Chester Norris,
bought a company called Belnertel; right?

A. Right.

Q. And you bought that company from three
gentlemen, Roger Bell, Bob Pimentel, and Ralph 14:27
L'Allier; is that right?

A. That's correct.

MS. MCCORMICK: Vague and overbroad.
BY MS. BOSCH:

Q. Did I pronounce their names correctly? 14:27

A. That's pretty close.

Q. Now, you brought with you today in
response to our notices some documents; is that
right, six?

A. Yes. 14:27

Q@. And you have the originals of these
documents right there in front of you?

MS. MCCORMICK: Right. We brought those
so you can look at them at the deposition, but

we're going to keep those in our possession. 14:27

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Exhibit 9.

MS. MCCORMICK: Thank you.
BY MS. BOSCH:
Q. When you acquired Belnortel, sir, was it
your understanding that AB -- that Belnortel had 14:36
exclusive territory for its ABC Mobile trucks?
A. Yes.
MR. HARTLEY: Objection. Vague and
ambiguous.
BY MS. BOSCH: 14:36
Q@. And it's ABC Brake -- for its ABC Mobile
Brakes trucks. I just want to make I had the name
right.
MS. MCCORMICK: And vague.
THE WITNESS: Yes. 14:36
MR. HARTLEY: Same objections.
BY MS. BOSCH:
Q. What territories did you purchase as part
of Belnortel?
A. We purchased three territories, and they 14:37
were in these three documents. I believe they
were Territory 7, 8, and 9.
Q. And when you say "these three documents, ™
they're the three lease agreements that we marked

as Exhibit --

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B Well, I know where 7th and Howard is.
Q In San Francisco?
A. I mean, i can find it.
Q Was that part of Territory Ne. 6?
A I thought it was part of Territory No. 7. 14:41
Q. It was part of one of the territories that
you had, either 6, 7, or 8; right?
A. Right.

Q. So it was in the Belnortel area -~-

A. Yes. 14:41
Q. -- for the ABC Mobile Brake franchise;

vight?
A. Yes.

Q. Do you recall a Shell station at the
corner of 7th and Howard as being one of your 14:41
customer's when you purchased Belnortel?
MR. HARTLEY: Vague and ambiguous.
MS. MCCORMICK: Assumes facts.
THE WITNESS: No.
BY MS. BOSCH: 14:41
Q. Do you recall ever meeting a gentleman by

the name of Harold Koepke?

A. No.
Q. Now, when you acquired Belnortel ~- well,
let me strike that. 14:42

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Let's finish with the franchise agreements
and then I'll ask you some more further
questions -- I don't have any more questions on
that map, and we'll attach Exhibit No. -- we'll
attach it as Exhibit -- well, we'll attach a 14:42
smaller version as Exhibit No. 12.
Going back to Exhibit No. 8, sir. So that
territory that you had as part of Belnortel,
Area 6, 7, and 8, they were exclusive; right?
MS. MCCORMICK: Vague. Ambiguous. Calls 14:42
for speculation.
THE WITNESS: They were supposed to he.
BY MS. BOSCH:
Q. But does that mean that there could not be
any other franchisee of ABC Mobile Systems selling 14:42
services within your territory?
MS. MCCORMICK: Vague. Ambiguous.
Overbroad.
THE WITNESS: That's what it was supposed
to mean, but that's not what happened. 14:43
BY MS. BOSCH:
Q. What happened, sir?
A. There were other mobile brake trucks that
came into the area.

Q. Were they ABC Mobile Brake trucks? 14:43

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A. On a couple of occasions I know of, yes,

and there was other -~ also other competition
in -- in San Francisco itself.
Q. But --
A. We weren't the only -- we weren't the only 14:

mobile brake truck in town.
Q. But the other mobile brake trucks in town,
they were not called "ABC Mobile Brakes"; right?

A. No. Correct.

Q. They had different names? 14:

A. Well, with the exception of, I believe it
was somebody from down in the Peninsula area that
used to come in to Ralph's territory, and Ralph

became very incensed about that.

Q. And Mr. L'Allier's -- Ralph is 14:

Mr. L'Allier; right?
A. Yes. Uh-huh.
Q. And his territory was more the South

San Francisco territory that went up into

San Francisco; correct? 14:44

A. Yes.
Q. But another ABC franchisee coming into
Mr. L'Allier's territory, was that something that

happened on a regular basis, or it just happened

and he got upset and it stopped? 14:44

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The date is May 1, 2014, and the time is

Back on the record.
BY MS. BOSCH:
Q. Six, prior to acquiring the company from
Mr. Bell, Mr. L'Allier, and Pimentel, did you have
any conversations with them about the vans that
you were purchasing as part of Belnortel?
MS. MCCORMICK: Vague.
MR. HARTLEY: Vague and ambiguous.
THE WITNESS: No.
BY MS. BOSCH:
Q@. Did you inspect the vans?
MR. HARTLEY: Vague and ambiguous.
THE WITNESS: No.
BY MS. BOSCH:
Q. How many vans did you acquire?
A. I think three.
Q@. Did you have any conversations with
Mr. Bell, Mr. Pimentel, Mr. L'Allier about the
equipment that was in the van?
MS. MCCORMICK: Vague.
THE WITNESS: No.
BY MS. BOSCH:

Q. Did you ask how old were the vans, for

103

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BY MS. BOSCH:
Q. Do you know, did he give you a sense of
how old the vans were?
MS. MCCORMICK: Asked and answered.
Vague. 15:24
THE WITNESS: Yeah. They were early model
Dodges.
BY MS. BOSCH:
Q. Do you remember the model year?
No. But I would say early -- I'd say in 19:24
the early '70s.
Q. De you have any information that the vans
that you obtained from Belnortel were the vans
that Belnortel operated from the time that the
company was founded in 1971? 15:25
MR. HARTLEY: Objection. Calls for
speculation. Vague and ambiguous. Overbroad.
THE WITNESS: I don't know.
BY MS. BOSCH:
Q@. Mr. Norris didn't give you any information 15:25
about that?
A. He could have, but I don't remember.
Q. Do you know if the equipment that was in
the vans was the equipment that was installed when

Mr. Bell and Mr. L'Allier purchased the franchises 15:25

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or got into franchise agreements with ABC Mobile
Systems?

MR. HARTLEY: Calls for speculation.
Vague and ambiguous. Vague and overbroad.

THE WITNESS: I don't know.
BY MS. BOSCH:

Q. Bo you know, did Mr. Norris ever have any
conversations with you about how old the equipment
was in the vans --

MR. HARTLEY: Same.
BY MS. BOSCH:

Q. -- that you were purchasing?

MR. HARTLEY: Same objections.

THE WITNESS: No.

MR. BROWNFIELD: Same objections. And
lacks foundation.
BY MS. BOSCH:

Q. Did you discuss with Mr. Norris whether
you would need to replace the equipment that was
in the vans because they were old?

MR. HARTLEY: Vague. Ambiguous. And
overbroad. Calls for speculation.

MS. MCCORMICK: Asked and answered.

THE WITNESS: No.

BY MS. BOSCH:

15:25

15:25

15:26

15:26

15:26

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Q.

Was it your understanding that the

equipment was such that you could continue to use

it, the equipment that was in the vans?

MR. HARTLEY: Vague. Ambiguous. And

overbroad. Calls for speculation.

BY MS.

Q.-

THE WITNESS: Yes.
BOSCH:

Did you ask any questions when you

purchased Belnortel about how long that equipment

had been in the vans?

BY MS.

Q.

MS. MCCORMICK: Asked and answered.
THE WITNESS: No.
BOSCH:

Now, when you purchased Belnortel, what

was your responsibility with the company? What

was your title?

BY MS.
Q.
A.

Q.

MS. MCCORMICK: Asked and answered.

THE WITNESS: With what company?
BOSCH:

Belnortel.

Oh. I was president.

And what was your responsibility as

president of the company?

A.

Q.

Oversee the operation.

On a day-to-day basis, what does that

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15:26

15:26

15:26

15:27

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knowledge, we didn't go out and purchase a whole
bunch of equipment at one time.
BY MS. BOSCH:
Q. Let me ask you a more specific question.
A. Okay. 15:33
Q. Did you purchase new brake grinders for
the three vans that you operated in San Francisco
between 1978 and 1980?
MR. HARTLEY: Vague and ambiguous. Calls
for speculation. 15:33
THE WITNESS: I don't remember.
BY MS. BOSCH:
Q. Now, just so we have a clear record, can
you, one more time, tell me the brand name of the
brake grinders that were at the back of the 15:33
three -- well, let me strike that and ask.
Was there a brake grinder in each of the
three vans that you operated?
A. Yes, there was.
Q. Was it the same brake grinder in each of 15:34
-- well, was it the same brand of brake grinders
in each of the three vans that you operated?
A. Yes.
MR. HARTLEY: Calls for speculation.

Vague and ambiguous. 15:34

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BY MS. BOSCH:
Q@. And can you tell me the brand name of the
brake grinders that you had in the back of those
three vans that you operated?
MR. HARTLEY: Same. Same objections. 15:34
THE WITNESS: Barrett.
BY MS. BOSCH:
Q. How about the drum lathes, were there drum
lathes in each of the vans?
A. Yes. 15:34
Q. And was it the same brand of drum lathes
in each of the vans?
A. I believe so.
Q. And can you tell me the brand name of the
drum lathes in each of the vans? 15:34
A. They were Barrett.
Q. And these were the equipment that you
acquired when you acquired the vans as part of
Belnortel; right?
A. Correct. 15:34
Q. Now, since we are on the subject of the

brake grinders, you told me they were red?

A. Yeah.
Q. -- before?
Right. Do you recall if they were 15:35

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equipped with any dust collection equipment?
A. Absolutely.
Q. Can you describe for me what that dust
collection equipment was?
MS. MCCORMICK: Vague. Calis for a 15:35
narrative.
THE WITNESS: It was a dust collection bag
that connected to the grinder, and it was operated
on the vacuum that was created by the grinding
process. 15:35
BY MS. BOSCH:
Q. And by that you mean when the -- the brake
grinder consisted of -- of a cylinder that had a
grinding surface on it; right?
MS. MCCORMICK: Leading. 15:35
MR. HARTLEY: Vague and ambiguous.
THE WITNESS: It had a upright wheel,

metal wheel, that a grinding disc attached to.

BY MS. BOSCH:

Q. And the grinding disc came in contact with 15:36
the brake shoe?

A. Yes.

@. And that -- and that contact was grinding
the brake shoe; right?

A. Right. 15:36

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Q. And when you said there was a vacuum, was
it the centrifugal force that was propelling the
disc that that was pulling the dust into the dust
bag; is that what you mean, sir?

MR. HARTLEY: Vague and ambiguous.

MS. MCCORMICK: Vague.

THE WITNESS: If I remember correctly,
there were veins on the back side of that wheel,
and they created the vacuum. I ~-- don't take me a
hundred percent on that, but that's what I
believe.

BY MS. BOSCH:

Q. Now, that dust collection system you said
was a bag. Do you remember what it was made of,
that bag?

A. ft was some type of a heavy-duty cloth
material. I don't know what kind of material, but
it was -- if you're getting to the point that, was
it porous, it wasn’t porous.

Q. Was it a disposable bag?

A. No.

MR. HARTLEY: Vague and ambiguous.

BY MS. BOSCH:
Q. So the bags had to be emptied; right?

A. Yes.

15:36

15:36

15:37

15:37

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Q. And, in fact, you don't know whether the

photograph -- the grinders in Exhibit 7 or Exhibit
8 were actually used on brakes; correct?
A. I have no idea. They could have been.
Maybe not. 16:32
Q. But you have no idea?
A. No, I have no idea.
Q. Can you tell me whether the grinder that
is depicted -- that is shown in Exhibit 7 is the
same one that is shown in Exhibit 8? 16:32
A. Certainly doesn't look like it.
Q. If you could hand me back Exhibit 7.
Focusing on Exhibit &.
A. Okay.
Q. Do you have any idea the vintage of the 16:32
grinder depicted in Exhibit 8?
A. No. Other than the fact that they were in
use when we bought the Sacramento operation.
Q. Do you have any idea of the model number
of that grinder? 16:32
A. Actually, no. I saw it on another
picture, though.
Q. Okay.
A. On that label.

Q. All right. We're going to come to that. 16:32

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A, Okay.
Q. Now, is that grinder, does that look
the -- the same as grinders that were in the back

of the San Francisco vans?

A. Yes. 16:33
Q. Do you have any -~ let me hand you back
briefly.
Do you have any -- do you have any quarrel

estimating that the vintage of that grinder is in
the 1970s? 16:33
MS. BOSCH: Lacks foundation. Calis for
speculation.
THE WITNESS: I didn't quite understand.
BY MR. HARTLEY:
Q. Sure. Would you have any disagreement 16:33
with the proposition that the vintage of that
grinder depicted in Exhibit 8 is from the 1970s?
MS. BOSCH: Lacks foundation. Calls for
speculation.
THE WITNESS: I would think that it is 16:33
from the '70s. That's when I first started using
them.
BY MR. HARTLEY:
Q. All right. Thank you.

Handing you Exhibit 14, I believe that was 16:34

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the plate or label that you were familiar with?

A. Yeah. B-75.

Q. Do you know whether that plate

was on

either the grinder that's in Exhibit 7 or Exhibit

8?

A. Well, I recognize it as being on the

grinder that was in Exhibit 8.
Q. Okay. But do you see anywhere
8 where there's the nameplate?

A. No. It's gone.

on Exhibit

Q. But, as you sit here, you don't know

whether the photograph that's depicted in Exhibit

14 was taken from Exhibit 8 or Exhibit 7?

MS. BOSCH: Lacks foundation.
speculation.
THE WITNESS: No idea.
BY MR. HARTLEY:
Q. You just have no idea?
A. Right.
Q. Okay. Very good. Thank you.
You said that in San Francisco
was competition.
A. Yes.
Q. Okay. There were other mobile

entities?

Calls for

that there

brake

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16:34

16:35

16:35

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A. Yes.
Q. Okay. And you included within that other
franchisees of ABC; is that correct?
MS. BOSCH: Misstates testimony.
BY MR. HARTLEY: 16:35
Q. Or did you?
A. I said that there were occasions that we
were quite sure that other franchisees had come
into the territory.
Q. And in the deposition you gave in the 16:35
Scott case, you referred to that as poaching?
Okay.

A
Q. Do you remember that?
A Yeah. Sure.

Q

But that's what you considered it to be; 16:36

A. Yeah.
Q. And that was upsetting because you thought
you had a territory and here you had anecdotal
evidence that other franchisees were coming into 16:36
your territory?
A. Yes.
Q. All right. And that was -- that included
all three territories; right?

MS. BOSCH: Lacks foundation. Calls for 16:36

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speculation. Misstates testimony.
BY MR. HARTLEY:
Q. In other words, were you concerned about

poaching from --

MS. BOSCH: Counsel, there was no answer 16:36
to the previous question.

MR. HARTLEY: Okay. I'm asking a
different one now.

MS. BOSCH: Well, are you striking the --

MR. HARTLEY: Fine. I'll strike the 16:36
question.

MS. BOSCH: -- previous question?
BY MR. HARTLEY:

Q. Did you ever have an understanding ~~ or

were you -- strike that. 16:36

Were you concerned that there was poaching
going on in each of your San Francisco
territories?

MS. BOSCH: Misstates testimony. Lacks
foundation. Calls for speculation. 16:36

THE WITNESS: I'm not sure if -- if we had
people that were coming inte Downtown
San Francisco.
BY MR. HARTLEY:

Q. Was that a concern during this time? 16:37

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A. It was a concern, of course.
Q@. All right. And do you remember the names,
again, non-ABC franchisees, ckay? Well, strike
that.
When you had the San Francisco operation, 16:37

did you understand there to be ABC franchisees in

Oakland?
A. Yes.
Q. Other parts of Alameda County?
A. Yes. 16:37
Q. San Mateo County?
A. Yes.

Marin County?

Marin County, yes.

oF ©

Would you be able to give me an estimate, 16:37
again, during the four years you had the
San Francisco routes, approximately how many ABC
vans operated within a 50-mile radius of
San Francisco?
MS. BOSCH: Lacks foundation. Calis for 16:37
speculation.
THE WITNESS: Off the top of my head, I'd
say probably at least 50.
BY MR. HARTLEY:

Q. All right. So stretching it north into 16:37

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Marin County?

Q.

» oO Pp oO Pp Oo FP

Yes.

East into Alameda County?
Solano County.

Okay. Down at San Mateo —~

San Mateo.

~- and even Santa Clara County?
Right.

Now, did you go outside your territory?

Did you poach into anybody else's territory?

A. In San Francisco?

Q. Correct.

A. No.

Q. In other words, when you had the
San Francisco operation, did you go to Oakland to
do work?

A. No.

Q@. And you didn't go to San Mateo county;
correct?

A. No. Not to my knowledge.

Q. But it wasn't the way you ran your
business?

A. No, it wasn't.

Q. Now, do you remember the hames of any of

the other mobile brake services that operated in

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there either. So.

BY MR. HARTLEY:

Q. And just tying that one off, too, there's
been testimony in this case that the -- that a
mobile brake service by the name of ABC came to

the plaintiff's service station at 7th and Howard

Street
trucks,
A.

Q.

in pickup trucks. Okay. And by "pickup
" T mean open-ended.
Right.

I'm asking you to assume that. Would it

be your opinion that that was not an ABC Mobile

Brake Service?

case.

BY MR.
Q.

routes,

MS. BOSCH: It misstates testimony in the

THE WITNESS: I -- I never saw one.

MR. HARTLEY: Very good. All right.
HARTLEY:

Now, when you had the San Francisco

"78 to '82, did you know the brand and

model number of the brake lathes and arc grinders

or burnishers in the back of the ABC vans

operating out of Marin County?

A.
Q.

A.

No.
Oakland?

No.

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. Solano?

. No.

Contra Costa?
No.

Alameda County? 16:57

> Oo Pp Oo PF ©

I have no knowledge of what their
equipment was.
Q. Any place other than -—
A. Other than San Prancisco and Sacramento.
Q. All vight. Thank you. 16:57
I'm going to hand you what's been marked
as Exhibit 15.
T have my copy, but unfortunately I don't
have one to share.
I'm going to represent to you that it's a 16:58

document that's been produced in this case, and is

identified -- it says on the face, "FMC Bean brake
Service Equipment." Do you see that?

A. I see "Bean" -- yeah. Uh-huh.

Q. Could you -- if I could ask you to take a 16:58

moment to look through that and let me know if
you've ever seen this particular document before.

MS. MCCORMICK: You mean the original of
the copy?

MR. HARTLEY: Correct. Correct. 16:58

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A. And a burnisher.

Q. And a burnisher?

A. Yes.

Q. f'1ll ask you to look at page 21, please.

Do you see that page at the top that’s
titled "Model B-375 shoe grinder”?
A. Uh-huh.
Q@. Does that look like the type of shoe

grinder that was in the back of your vans?

A. Uh-huh.
MS. BOSCH: We need -- I'm sorry. You
said "uh-huh." We need a "yes" or "no."

THE WITNESS: Oh, yes.
BY MR. HARTLEY:

Q. That's a "yes." Okay.

And the model B-375 is familiar?

A. Familiar.

Q. Okay. Now, I'm going to ask you to look
at the wording that's below that, okay, and if you
take a -- take a moment to read it, if you would,
and I'm going to have questions about it, so if
you would let me know when you're done.

MS. BOSCH: May I take a lsok, Counsel?
MR. HARTLEY: Certainly.

MS. BOSCH: Thank you.

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BY MR. HARTLEY:

Q. Okay. Have you -- have you read that?

A. Yeah.

Q. i'm going to direct your attention to the
second paragraph, okay, which reads, and I'll read
it into the record. "Built-in vacuum collects
dust. You can chamfer lining ends and the
exclusive angular size adjustment feature gives
longer abrasive disc life. Micrometer adjustment
dial and quick change controls heip make the B-375
shoe grinder a fast, easy-to-use piece of brake
service equipment. Capacity 6 inches to 14-inch
brake shoes.”

Do you see that?

BR. Uh-huh.

MS. BOSCH: I'm sorry, but --

THE WITNESS: Yes.

MS. BOSCH: I'm sorry, sir. I know it's
getting late in the day, but I'm going to bother
you each time you say "uh-huh," because we need a
clear record. I apologize.

BY MR. HARTLEY:

@. And does that comport with your

recollection of the features of the grinder that

was in the back of the San Francisco vans?

17:05

17:06

17:06

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A.

Q.

Yes.

And you've used the word earlier today,

and you did in the Scott deposition, of “vacuum.”

A.

Q.

Yes.

Right? How was your -- and was it your

understanding or your impression having used these

machines, that it was a designed vacuum, in other

words, that the grinder was designed to vacuum up
dust?
MS. BOSCH: Lacks foundation. Calls for
speculation.
THE WITNESS: Yes.
BY MR. HARTLEY:
Q. All right. And so is it your -- would it

be your testimony that each of the burnishers or

grinders that were in the back of the

San Francisco vans had vacuums?

A. Yes.
MS. BOSCH: I'm sorry. That's vague and
ambiguous.
BY MR. HARTLEY:
What does "chamfer" mean, c-h-a-m-f-e-r?
A. That's "chamfer."
Chamfer, okay.
A. They bevel the leading edge of the brake

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shoe so the edge, the 90-degree edge, doesn't make
contact with the drum initially. In other words,
they bevel it like that so the shoe -- as the shoe
comes out, it makes smoother contact with the
brake drum.

Q. So now, looking at the picture that's on
page 21, do you see the -- the black portion to

the left of it?

A. Yes.

Q. What do you understand that to be?
A. The black portion down below?

Q. No. To the left.

A. Yeah.

Q. To the left. Upper left?

A. Oh, up here?

Q. Yes.

A. That's a motor.

Q@. All right. Did the vans have their own
independent source of power, or did you plug in?

A. We plugged into the stations.

Q. So looking at this picture —— actually,
I'm going to ask you to hold it up, okay, so we
can frame it in the camera.

A. Oh, okay.

MR. HARTLEY: Got that?

17:07

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189

process?
A. Absolutely.
Q. Okay.
MR. HARTLEY: Are there still people on
the phone? 17:15
MR. BROWNFIELD: Yeah. We're still here.
MR. HARTLEY: Okay. Thanks. See?
They're just in rapt attention.
THE WITNESS: I thought they had stepped
out for a cocktail. 17:15
BY MR. HARTLEY:
Q. Now, you mentioned that there were -- what
was your term -- in the back -- bear with me one
second here.
Do you know what an impeller is? 17:15
A. Yes.
Q. Were there impellers on the B-375 grinder
that you noticed?
A. I never had one apart.
MS. MCCORMICK: Hi. Somebody forgot to 17:15
turn their mute button back on when we asked for a
roll. Thanks.
BY MR. HARTLEY:
Q@. I'm sorry. Bear with me.

Oh, you mentioned earlier today that there 17:16

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were what you called "veins."

A. Right.

Q. -- that created the vacuum effect.

A. And that's the same as an impeller. Yeah.

Q. All right.

A. But I -- I never took one apart to see it,
but I could feel them.

Q. Okay. So, looking at page 21 of the
catalogue, Exhibit 15, okay? That's the one.

A. Okay.

Q@. Can you tell me where the veins were on
this model of brake shoe grinder?

A. They were on the back side of the grinding
wheel (indicating).

As far as I knew, they were an integral
part of the wheel. I mean, it was all a casting,
and I think it was -- that's why I never took one
apart because it was kind of intricate and I never
had a need to take one apart.

Q. But you knew, even without taking them -—
taking one apart, you knew that the veins were
integral to creating the vacuum effect when the
grinding wheel is turning?

MS. BOSCH: Lacks foundation. Calis for

speculation.

17:16

17:16

17:16

L717

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THE WITNESS: It could not -- it couldn't
function any differently. That was the only way
it would work.

BY MR. HARTLEY:

Q. And that's based on your experience of
using these things; right?

A. Right.

Okay.

MR. HARTLEY: Mark this, please.

THE WITNESS: Are you through with the
book?

MR. HARTLEY: Yes, for now. Thank you.

MS. MCCORMICK: Is this an extra copy?

MR. HARTLEY: It is the only copy.

(Whereupon, Exhibit 16 was marked

for Identification.)

BY MR. HARTLEY:

Q. Mr. Norris -- I'm sorry. Myr. McArthur,
I'm going to hand you what's been marked as
Exhibit 16. If you could just take a moment to
gander through that and let me know if you have
ever seen this document or the original of it
before.

A. No.

MS. BOSCH: I'm going to object that any

17:17

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questions on ~-- based on the document lacks
foundation --
MR. HARTLEY: Sure.
MS. BOSCH: -- calls for speculation.
BY MR. HARTLEY:
Q. At the top of this, it has -- carries a
date of July 30, 1968. Do you see that?
A. Yes.
Q. Okay. And to the right of it, it says
"3,394,500." Do you see that?
A. Patent number.
Q. Do you know what a patent is, generally?

A. Yes. Uh-huh.

Q. I'm going to ask you -- I just want to
look at the -- look at Figure 1, the face page of
it, okay?

A. Okay.

Q. And I'm going to represent to you that
this was a patent issued duly 30, 1968, to Melvin
H. Lili," L-i-1-1," "Okemos," O-k-e-m-o-s; “and
Weldon B. EBllege, E-l-l-e-g-e, Lansing, Michigan,
assignors to FMC Corporation, San Jose,
California."

MS. BOSCH: Move to strike colloquy of

counsel. Assumes facts.

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MR. HARTLEY: Sure.

BY MR. HARTLEY:

Q. Looking at

Figure 1, the first page, do

you see the -- what looks like a wheel?
A. Yes. 17:20
Q. Okay. And in the -- handing you back the
catalogue -- sorry, I wasn't done with it, page
21.
A. Okay.
Q. You'll see that the B-375 grinder has a 17:20
wheel-type assembly. Do you see that?
A. Yes.
Q@. And then, again, going back to the patent,
Exhibit 17 -- 16, okay? You'll see that there is
a lever or a handle protruding perpendicularly 17:20
from the wheel?
A. Yes.
Q. And you see the model B-375 in Exhibit 15
that there is a similar device?
A. Right. 17:21
Q. Okay. In the front of the patent, you see
that there is a -- a scale that runs from 6 to 14?
A. Yes.
Q@. Do you see that?
A. Uh-huh. 17:21

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Q@. And do you see on the model in Exhibit 15
in the catalogue that there is a similar scale?

A. Yes.

Q. Shown in the front?

A. Right.

Q@. And you saw where in the description of
the model that it could handle brake shoes from 6
to 14 inches?

A. Right.

Q@. And you see in the patent there, Figure 1,
that this scale here ranges from 6 to 14?

A. Right.

Q. Okay. All right. And then do you see in
the middle -- well, strike that.

To the right looking at the Figure 1 in
the patent, that there is a -- a dial, or a knob?

A. Yes.

@. And then do you see a similar dial or knob
in the photograph that's in the catalogue?

A. Yes.

Q. Okay. And then right above that, there is
another handle that looks a part of a unit that
could turn the brake shoe from side to side?

A. Yes.

Q. And you see a similar device?

17:22

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A. Yes.
Q. Okay. All right. Thank you. That's all
I have for those.
Now, you mentioned earlier in your
testimony today something along the lines of 17:22
things other than brakes that was apparently used
with the grinder. You mentioned an anvil.
A. Yes.
Q Do you remember that?
A Right. 17:23
Q. What did you mean by that?
A I mean people that were using the

equipment could be very careless. They could put

a brake shoe on -- on that piece of equipment to
knock a pivot pin out of a shoe, something like 17:23
that.

Q. Okay.

A. I mean, if they could figure out a way of
destroying things they did.
Q. Okay. So by that did you mean that the -- 17:23
that some of the employees used the grinder on
things other than brakes?
A. No.
MS. MCCORMICK: Misstates facts.

MS. BOSCH: Misstates testimony. 17:23

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MR. HARTLEY: Okay. Let me look at my
notes real quick.
BY MR. HARTLEY:

Q. You also mentioned earlier in your
testimony words to the effect that every time an
ABC Mobile van went to somebody's station or
repair shop, they didn't grind brakes.

A. That's right.

MS. BOSCH: I'm sorry. It's vague and
ambiguous. Misstates the testimony.
BY MR. HARTLEY:

Q. So I'm asking you. Every time that it --
during -- again, during the time you had the
San Francisco routes, every time that an ABC

Mobile van was dispatched someplace, was it

always -- did that service always include grinding
brakes?
A. No.

MS. MCCORMICK: Vague. Overbroad.
MS. BOSCH: Asked and answered.
BY MR. HARTLEY:

Q. Sometimes it could just be for turning

rotors?
A Or
Q Or?

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197
A. It could be just supplying parts.

Q. Is there any way for you to estimate for
me in any scale meaningful to you during the four
years you had the San Francisco routes, what
proportion of the service calls that ABC made that 17:25
did not include burnishing or grinding brakes?
MS. MCCORMICK: Vague. Overbroad.
MS. BOSCH: Lacks foundation. Calis for
speculation,
THE WITNESS: I don't know. 17:25
MS. BOSCH: And overbroad as to time.
BY MR. HARTLEY:
Q. Just no way to estimate?
A. No.
Q@. All right. Fair enough. Fair enough. 17:25
When you cleaned out the back of the vans
at night, you mentioned earlier that you cleaned
up metal shavings; correct?
A. Uh-huh. Right.
Q@. And those were from the drums or rotors; 17:25
correct?
A. Right. Uh-huh.
Q. Did the lathe have some type of a
collection device for those metal shavings?

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parts?
A. Not to my knowledge.
MR. TAVERA: Thank you, sir. I don't have
any further questions.
THE WITNESS: Okay. 17:49
MS. BOSCH: Looking for the page.
EXAMINATION BY MS. BOSCH:
Q. Sir, I'm going to hand over to you Exhibit
15, very briefly, the picture of the brake grinder
that you were discussing earlier on, and when you 17:50
were being asked questions by counsel, you
indicated that you first started using the grinder
that's depicted on Exhibit 15 in the 1970s.
A. Uh-huh.
Q. And my question is simply, sir, do you 17:50
recall using this brake grinder when you started
in the mobile brake business at Throwbot in 1972?
A. Yes, we did.
Q. That's all I have here.
A. That's it? L7:$1
Q. Going back to the poaching issues that you
discussed, the poaching issues -- sorry if I
mispronounce that.
A. Oh, poaching, yes.

@. Did you ever see an ABC Mobile Brake truck 17:51

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that you knew to be from the Oakland franchises in
your territory?

MR. HARTLEY: Calis for speculation.

THE WITNESS: No.
BY MS. BOSCH:

Q. Did you ever see an ABC Mobile truck that

you knew to be from Alameda in your territory?
MR. HARTLEY: Same.
THE WITNESS: No.

BY MS. BOSCH:

Q. Did you ever see an ABC Mobile truck that
you knew to be from Marin County in your
territory?

MR. HARTLEY: Same objection.

THE WITNESS: I didn't see any, but I had
drivers that did.
BY MS. BOSCH:

Q. And what did your drivers report?

A. One of the drivers was a fellow from
Oakland. I think his name was Raymond Chin, and
he used to drive back and forth across the bridge.
Quite regularly from what I understand. But I
never saw him.

Q. So you don't know for a fact?

A. I don't know for a fact.

17:51

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Q.

Now, do you remember your phone number

when you had Belnortel, by any chance?

A.
Q.
A.

Q.

No.
Now --
That was in the Scott thing also.

Now, one of the advantages of using the

ABC Mobile service is that you were very fast to

respond to a call; right?

A.

Q.

Right.

So if a service station had a customer

pull in, they wanted new brakes, they could call

you, and very quickly you would be there, they

could turn around that brake job for that customer

very quickly; right?

A.

Q.

That's what we tried to do, yes.

So it didn't make sense for somebody from

San Francisco to call somebody in Gakliand to come

and deliver the parts; right?

MR. HARTLEY: Calls for speculation.
MS. MCCORMICK: Vague.

MR. BROWNFIELD: Yeah. Lacks foundation.

Overbroad. Vague.

THE WITNESS: I -- it -- the bridge is

enly 15 minutes; right?

BY MS.

BOSCH:

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Q. Yeah, But there is traffic and that
bridge gets back up, you'll agree with me?
A. In the 1970s, it wasn't that bad.
Q. Does it make more sense to call somebody
who is a mile away than calling somebody who is 15 17:53
miles and a bridge away?
MR. HARTLEY: Calis for speculation.
MS. MCCORMICK: Vague.
THE WITNESS: It makes more sense to call
somebody locally, but there were people that were 17:53
friends of somebody that worked somewhere else,
and they kept that friendship going by waiting a
little longer.
BY MS. BOSCH:
Q. And, if somebody had the phone number for 17:54
the ABC Mobile franchise in San Francisco, that
number didn't ring in Marin, Oakland, Alameda, or
San Mateo; right?
MR. HARTLEY: Calls for speculation.
THE WITNESS: At one time everybody called 17:54
into Oakland.
BY MS. BOSCH:
Q@. Do you know when that was?
MR. HARTLEY: Withdraw.

THE WITNESS: That I don't know. It was 17:54

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before I showed up.
BY MS. BOSCH:

Q. That was before 1972; right?

A. I don't know.

Q. That was before the Mobile Brake Systems
franchise -~ or the Mobile Breke Systems -- strike
that.

That was before -- that was before -—-

A. I know what you're talking about.

Q. I'll strike that again.

That was before ABC Mobile Systems took
over ABC -- or, no, I'm sorry --

A. Yeah. Yeah. Probably.

Q. You know.

A. Probably.

Q. The companies sound all the same, so I
apologize. But what I meant is before they took
over Associated Brake Company.

A. Right.

Q. So, when the company was Associated Brake
Company, they had one location which was in
Oakland and the phone rang in Oakland; right?

A. That was my understanding, yes.

Q. But after ABC Mobile Systems took over and

different franchises were started in different

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counties, that ceased; right?
A. I don't know --
MR. HARTLEY: Calis for speculation.

THE WITNESS: I don't know as it ceased

completely because they had mobile radios in the 17:55

trucks. So they could be dispatched from Oakland
and they could be in San Jose.
BY MS. BOSCH:

Q. Now, your business was at 158 Fell; that's

BA. 159.
Q@. 159. TI apologize.
A Uh-huh.

Q. And Mr. Koepke's service station was at

7th and Howard. That was about within a mile of 17:55

your warehouse; right?
A. I don't know. Is it? Really, I don't
know,

Q. That's fine, sir. Now, did you ever see

the grinder in the back of the van of the person 17:56

who had a business in the avenues? You'd
mentioned a competitor.
A. Yes. But I -- no, I never saw it.

Q. So you don't know what he had in the back

of his van? 17:56

222

Aiken Welch Court Reporters Gary McArthur 05-01-20148
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510) 302-4000 + Fax: G10) 835-4913 + sww.damnlaw.com

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55208184
Mar 26 2044

Joseph Satterley, Esq. (C.S.B. # 286890}
JSatterley@kazanlaw.com

Carole Bosch, Esq. (C.S.B. #239790}
CBosch@kazanlaw.com

KAZAN, McCLAIN, SATTERLEY & GREENWOOD

A Professional Law Corporation

Jack London Market

55 Harrison Street, Suite 400

Oakland, California 94607

Telephone: (510) 302-1000

Facsimile: (510) 835-4913

Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

HAROLD KOEPKE and NANCY KARIDIS- | Case No. CGC13276217

KOEPKE,

NOTICE OF DEPOSITION AND NOTICE

Plaintiffs, OF INTENT TO VIDEOTAPE

DEPOSITION OF DEFENDANT
vs. BELNORTEL CORPORATION'S
PERSON(S) MOST QUALIFIED
FORD MOTOR COMPANY, et al.,

Date: April 7, 2014

Defendants. Time: 10:00 a.m.

Location: Kazan, McClain, Satterley &
Greenwood
55 Harrison Street, Suite 400
Oakland, California 94607

TO DEFENDANTS HEREIN AND TO THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that plaintiffs, through their counsel, will take the deposition of
defendant BELNORTEL CORPORATION through its person(s) who is most qualified to testify
about one or mare of the matters set forth below at 10:00 a.m. on April 7, 2014, at the law offices
of Kazan, McClain, Satterley & Greenwood, Jack London Market, 55 Harrison Street, Suite 400,
Oakland, California, 94607. ‘The deposition will be taken before a duly authorized Notary Public
and shail continue from day io day thereafter, until completed.

Said deposition may be videotaped pursuant to C.C.P. §§ 2025.220(a)(5), 2025,330(c} and
2025.340. Plaintiffs reserve the right to pse the videotaped depositions at trial pursuant to
provisions of C.C.P. §§ 2025,220(a)(6) and 2625.620. In addition, the deposition testimony will

4300308.1 j

NOTICE OF DEPOSITION AND NOTICE OF INTENT TO VIDEOTAPE DEPOSITION OF DEFENDANT
BELNORTEL CORPORATION'S PERSON(S} MOST OUALIFIEDKazan, McClain, Satterley & Greenwood

A Brofessioaal Law Corporation
+ 55 Harriton Street, Suite 400 + Oakland, California 94607

Jack Londen Market

+ wnww kazanlaw.cone

(10) 302-2000 + Fax: G10) 835-4913,

be recorded stenographically, and/or through instant visual display pursuant to C.C.P. §
2025.220(a)(5)

The deponent, defendant BELNORTEL CORPORATION, is not a natural person and
therefore required, pursuant to Code of Civil Procedure § 2025,230 to designated its “Person(s)
Most Qualified” to testify regarding each of the matters set forth below.

CATEGORY NO. 1, All information relating to YOUR RECORD RETENTION POLICY.

Use of “and,” “or,” and the singular form of words: Throughout this document, the
singular form of a word such as “any” sha!! be interpreted in the plural and singular; and the words
“and” and “or” shall be construed inclusively to bring within the scope of these requests all
documents and information that might otherwise be consirned to be outside of their scope.

Use of year designations: Throughout this document, ihe use of year references shall be
inclusive. For example: “1948-1995” shall include January 1, 1948 and each day through
December 31, 1995.

“YOU”, “YOUR” and “YOURS” shall refer to defendant Belnorte! Corporation dba
A.B.C. Mobile Brake of San Francisco, and to ifs attorneys, agents, employees, officers, parent
entities, predecessors, subsidiaries, divisions, and contract units.

“RECORD RETENTION POLICY(IESY’ shail refer to any policy, formal or informal,
pursuant to which defendant’s DOCUMENTS are maintained or destroyed, including the legal and
financial basis for deciding how long to retain documents, the period of time required and what
caiegories of documents are subject to defendant’s document retention policy.

“DOCUMENTS” shall mean all writings, as defined in California Evidence Code § 250,
including without limitation: all originals and all duplicates of handwriting, typewriting, printing,
photostats, photographs, electronic data on any of YOUR computers, facsimile, e-mail, and every
other means of recording upon any tangible thing or cther form of communication or
representation.

CATEGORY NO. 2. All information relating to YOUR AGREEMENT(S) with A.B.C.
MOBILE SYSTEMS.

“AGREEMENT” shall mean agreement, franchise agreement, contract, lease,

1300308.1 2

“NOTICE OF DEPOSITION AND NOTICE OF IN VIDEOTAPE DEPOSITION OF DEFENDANT
BELNORTEL CORPORAT! Hon $ PERSON(S) MOST OUALIFIEDKazan, McClain, Satterley & Greenwood

A Professional Law Corporation
+ 35 Hamison Street, Suite 400 + Oakland, California 94607

Jack Loadon Marker

+ Fax: (520) 835-4913 + wow kazanlaw.com

(St0) 302-2000

Oo mR DAH Bw w

10

understanding, deal, obligation, promise.

“A.B.C. MOBILE SYSTEMS?” shall refer inclusively to A.B.C. Mobile Systems, A.B.C.
Mobile Brake Sales & Service, Inc., Associated Brake Co., Western States Brake Manufacturing,
Inc., and Mutual Enterprises, Inc. and to their attorneys, agents, employces, officers, parent
entities, predece