Motion-Secondary: CHARLES BOUDREAUX et al VS. ADVOCATE MINES, LTD et al

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                                HASSARD BONNINGTON LLP
ROBERT M. HAMBLETT, ESQ., State Bar No. 111685

JON C. JAMES, ESQ., State Bar No. 184853 ELECTRONICALLY

CHARLES F. HARLOW, ESQ., State Bar No. 200702 FILED

‘Two Embarcadero Center, Suite 1800 upatior Cautt of Catton,

San Francise California (gattt-304t County of San Francisco

‘elephone: -{

Fax: (415) 288-9802 OCT 11 2007
GORDON PARK-LI, Clerk

Attorneys for Defendant BY; MAURA RAMIREZ

THE PEP BOYS MANNY, MOE & JACK OF CALIFORNIA Deputy Clerk

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

CHARLES BOUDREAUX and DEBORAH No. CGC-07-274029

BOUDREAUX,
DECLARATION OF CHARLES F.
Plaintiffs, HARLOW IN SUPPORT OF
DEFENDANT THE PEP BOYS
vs. MANNY, MOE & JACK OF
CALIFORNIA’S MOTION FOR
ADVOCATE MINES, LTD., et al., SUMMARY JUDGMENT

Defendants. DATE: October 29, 2007
TIME: 9:30a.m.
DEPT: 301
JUDGE: Peter Busch

Complaint Filed: January 12, 2007
Trial Date: November 13, 2007

1, CHARLES F. HARLOW, declare:

1. 1am an attorney at law duly licensed to practice before all the
courts of this State with the law firm of Hassard Bonnington LLP, counsel of record for
defendant The Pep Boys Manny, Moe & Jack of California (‘Pep Boys’) in this matter.
Unless otherwise indicated, | make the following statements on my own personal
knowledge and, if called upon to do so, could and would competently testify thereto.

2. Attached hereto as Exhibit A is a true and correct copy of

Plaintiffs’ Complaint for Personal Injuries.

Ae

BOUDREAUX — DECLARATION OF CHARLES F. HARLOW IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT
Wdors|HBMAINV01200\0#432\00248020.D00-1011073. Plaintiff Charles Boudreaux was deposed April 30 through May 3,
2007, during which he was questioned about his work history, his asbestos exposure
generally, and his work (if any) with or around automotive parts and products
distributed, supplied or sold by Pep Boys. Attached hereto as Exhibit B, Exhibit C
and Exhibit D are true and correct copies of the relevant portions of Charles
Boudreaux's deposition transcripts for April 30, 2007, May 1, 2007 and May 3, 2007.

4. Plaintiff Deborah Boudreaux was deposed on August 15, 2007
during which she was questioned about her husband's work history, her husband's
asbestos exposure generally, and her husband's work (if any) with automotive parts
and products distributed, supplied or sold by Pep Boys. Attached hereto as Exhibit E
is a true and correct copy of the relevant portions of Deborah Boudreaux's deposition
transcript.

5. Attached hereto as Exhibit F is a true and correct copy of

Plaintiffs list of product identification and causation witnesses and documents.

I declare under penalty of perjury under the laws of the State of

California that the foregoing is true and correct.

&
Executed this { day of October, 2007, at San Francisco, California.

or CLL OW

Charles F. Harlow

2

BOUDREAUX — DECLARATION OF CHARLES F. HARLOW IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT.
PWdocs\HBMAINIO1200101432100248020.D0C-101107EXHIBIT A

Documentt-1011075 }
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04/12/2007 FRE 19:32 FAX 415 957 0885 SPECIALIZED LEGAL SERY. Boosvooe

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3102 Oak Lawn Avenue, Suite 1100
Dallas, Texas 73219,

__ Telephone: 214/521-3605
Facsimile: 214/520-1181

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DEPARTMENT 26
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO-UNLIMITED JURISDICTION

@ QHARLES BOUDREAUX and DEBORAH casbiih -07-27 4029
B * COMPLAINT FOR,
“ Plains, PERSONAL INJURIES

vs [ASBESTOS GENERAL

RDERS,
ADVOCATE MINES, LTD. ALLIS CHALMERS: NO. 828684]

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01/22/2007 FRE 10:92 Fax 415 357 0593 SPECIALIZED LEGAL SERV. os 7008

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1] ohn Langdos, Esq. (SBN 235809) .
2| BARON & BUDD, P.C. ENDPASED cout
3102 Oak Lawn Avenue, Suite 1100 sna raskerd hbo
3| Dalles, Texas 75219 :
| Telephone: 214/521-3605 _ AN 12 2007
Pacsimile: 214/520-1181 BORDON: PARK, Cla
Ss 8
Carolin K. Shining, Esq. (SBN 207140) * pt WERE! =
Bric Brown, Bsq, (SBN239622) .
7| BARON & BUDD, PC.
| 9465 Wilshire Blvd, Suite 60 —— nn
Beverly Hills, CA 90212
9] Telephone: 310/860-0476
10 | Feesimile: 310/860-0480
11 Actomeys for Plaintiff, '
a "SUPERIOR COURT OF THE STATE OF CALIFORNIA
B : ;
“4 COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION I
15) COUNTY OF SAN FRANCISCO : ;
18). PRELIMINARY FACT SHEET i
17 7 ae i
1g| CHARLES BOUDREAUX and NO. CGC~02~-274029 :
‘DEBORAH BOUDREAUX, |
19 . t
20) Plaintlls, PRELIMINARY FACT SHEFT/
‘NEW FILING/ASBESTOS |
- aif ve. LITIGATION i
22) ADVOCATE MINES, LTD ctl,
23 . = (Seg: General Order No. 129, In Re:
2a Defendants. Complex Asbestos Litigation) |
25)
26
27 i
28
29
30
_Stpeauieee ms Bathe gtat on sony bln FeALSOASLEREAILE PAE EE
"PRELIMINARY SACT SHEETNOTICE

TO NEW DEFENDANTS SERVED IN COMPLEX ASBESTOS LITIGATION
JN THE SUPERIOR COURT IN AND FOR THE STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO.

‘You have been served with process in an action which has been designated by the Court as
complex litigation pursuant to Standard 19 of the Standards of Judicial Administration. ‘This
litigation bears the caption "In Re: Complex Asbestos Litigation”, [San Francisco Superior Court
No. 828684],

‘This litigation is govemed by various general orders, some of which affect the judicial
management and/or discovery obligations, including the responsibility to answer interrogatories
deemed propounded in the case. You may contact the Court or Designated Defense Counsel,
Berry & Berry, Station D, Post Office Box 70250 (1300 Clay Street, Ninth Floor), Oakland, CA
‘946120250; Telephone: (510) 8358330; FAX: (510) 8355117, for further information and/or
copies of these orders, at your expense.

1.- State the complete name and address of each person whose claimed exposureto asbestos
is the basis of this lawsuit ("exposed person"); Charles Boudreaux, 13323 Gina Dr,
Lockeford, CA 95237

2. "Does plaintiff anticipate filing a motion for a preferential trial date within the next four
months? =

xX Yes No

If yes, the action will be governed by General Order No. 140; if no, the action will be
govemned by General Order No, 129,]

3. Date of birth of each exposed person in item one and, if applicable, date of death:

Date of Birth: 1/17/1952

Social Security Number of each exposed person:

437-86-7738

4. Specify the nature or type of asbestos-related disease alleged by each exposed person.

‘Sieeeent nse aps ge ba Pct BOLEREAL PACT SERCO

‘PRELIMINARY FACT SUEETwoe 3 Ona Nee

Asbestosis X_ Mesothelioma

Pleural Thickening/Plaques. __ Other Cancer: Specify:
Lang Cancer Other than Other:

Mesothelioma Specify:

5. For purposes of identifying the nature of exposure allegations involved in this action,
lease check one or more:

Shipyard
Premises Aerospace X_ Military

Construction X_ Friction Automotive

Other: Specify all that apply: _ Secondary

‘TEapplicable, indicate which exposure allegations apply to which exposed person.

6. Identify each location alleged to be a source of an asbestos exposure, and to the extent
known, provide the beginning and ending year(s) of each such exposure, Also specify
each exposed person's employer and job title or job description during each period of
exposure. (For example: “San Francisco Naval Shipyard Pipefitier 19391948"),
Examples of locations of exposure might be a specific shipyard, a specific railroad
maintenance yard, or perhaps more generalized descriptions such as “merchant marine”
‘or "coristraction". Ifén exposed person claims exposure during only a portion ofa year,
the answer should indicate that year as the beginning and ending year (e.g., 19471947).

Location of Joh Title at Year(s) of Exposure
‘Time of
Exposure Employer. Exposure Beginning Ending
“see work history
attached”

tino gD Tey Me OCUTAAUOUUETAR CTA EEL

‘PRELEMINARY PACT SHEET(Attach Additional Pages, If Necessary)
For each exposed person who;

a. worked in the United States or for a U.S. agency outside the territorial United
States, attach to the copy of this fact sheet provided to Designated Defense Counsel
afully executed Social Security Eamings authorization (Bxhibit N4 to General Order
No. 129};

b.” may have had a Social Security disability award or is no longer employed and whose
{ast employment was not with a United States goverament agency, attach o the copy
of this fact sheet provided to Designated Defense Counsel a filly executed Social
Security Disability authorization (Exhibit NS to General Order No. 129);

¢. served at any time in the United States military, attach to the copy of this fact sheet

. ‘provided to Designated Defense Counsel two fully executed originals of the
stipulation (Exhibit N3 to General Order No, 129);

4. was employed by the United States government in a civilian capacity, attach to the
copy of this fact sheet provided to Designated Defense Counsel two fully executed
originals of the stipulation (Exhibit N3 to General Order No. 129).

If there is a wrongful death claim, attach to the copy of this fact sheet provided to
‘Designated Defense Counsel a copy of the death certificate, if available. If an autopsy
report was done, also attach a copy of it to the copy of this fact sheet provided to
Designated Defense Counsel.

9465 Wilshire Blyd,, Suite 460
Beverly Hills, CA 90212
‘Telephone: 310/860-0476

an whl ayy nent FACE SOTDRA.S PAT IETS

‘PRELIMINARY FACT SHEETCHARLES BOUDREAUX

NAME:
NICKNAME: CHARLIE"
GROUP NAME:
, WORK HISTORY SHEET
\

HOUSEHOLD EXPOSURE — SUPERVISOR:

CHARLES JOSEPH NAMES OF COWORKERS & JOB ‘ITLES:
EMPLOYER: BOUDREAUX, DECEASED

JOB SITE: ALQHNS-MANVILLE PLANT _

CITY, STATE: MARRERO, LOUISIANA
DATE OF coe
EXPOSURE:. 1952-1964
LENGTH OF EXPOSURE: -

HOUSEHOLD EXPOSURE WITNESS DUTIES AT
THIS JOBSITE: LINE WORKER.

WAS JOB NEW CONSTRUCTION =;
REPAIR WORK. 3 or BOTH

WAS JOB INDOORS? 5
OUTDOORS? 5 or BOTH

‘ON THIS JOB SITE WERE YOU EXPOSED TO

ANY OF THE FOLLOWING:
CHEMICALS YES___NO
FUMES Yes__. No
GASES Yes__7 NO
CHROMIUM YES NO
CADMIUM yes wo

ANY OTHER PRODUCT YES___.NO.

REASON FOR LEAVING: UST:
DID YOU WEAR A RESPIRATOR, MASK OR
WAGE RATEMOUR; = _____ OTHER PROTECTIVE DEVICE ON THIS JOB TO
AVERAGE HOURS WORKEDAWEEK: AVOID INHALATION OF ANY DUST OR FUMES
INCLUDING ASBESTOS DUST?
YES: NO:
COMMENTS:
WITH AROUND:
UNKNOWN

Page $

WORK HISTORY SHEET
iDocumens and Setingsimwatsen cca SeringtT anccray nent FileeIOLKIZABOUDREALKE: WHwpe (HpeXCZS)OWIC 2007)

1
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iCHARLES BOUDREAUX

NAME:
NICKNAME: | “SCHABLIE
GROUP NAME:
WORK.
EMPLOYER: UNKNOWN EMPLOYER. SUPERVISOR:
JOB SITE: RESIDENTIAL SITE (8) NAMES OF COWORKERS & JOB ‘ITLES:
CITY, STATE: "LOUISIANA
DATE OF JOB: MID 1960'S :
APPROXIMATELY 3
LENGTH OF JOB: |ONTHS

MY DUTIES AT THIS JOBSITE: ROOFER _

WAS JOB NEW CONSTRUCTION 5
REPAIR WORK, or BOTH

WAS JOB INDOORS? :
OUTDOORS? ___X__; or BOTH

REASON FOR LEAVING:
CHANGED JOBS

WAGE RATE/HOUR:
"AVERAGE HOURS WORKED/WEEK:

‘ON THIS JOB SITE WERE YOU EXPOSED TO
ANY OF THE FOLLOWING:

CHEMICALS:
FUMES:
GASES
CHROMIUM
CADMIUM
ANY OTHER PRODUCT YES___ NO

bee bs

ust:

DID YOU WEAR A RESPIRATOR, MASK OR
OTHER PROTECTIVE DEVICE ON THIS JOB TO
AVOID INHALATION OF ANY DUST OR FUMES

INCLUDING ASBESTOS DUST?
YES: NO: x
COMMENTS:
ASBESTOS MATERIALS USED ON THESE JOBS: WORKED
-WITH- AROUND
UNKNOWN

WORK MISTORY SHEET - Page 2

{EXDoeunents and Setingevmacri. cel Stl sTexnparay ltenet FlestOLK 12A1BOUDREALUDLC.WH wpa (wpeKEZS OU 2007}od

NAME: CHARLES BOUDREAUX :

WAS JOB INDOORS? :

NICKNAME: ‘CHARLIE®
GROUP NAME:
WORK HISTORY SHEET
HOUSEHOLD EXPOSURE SUPERVISOR; —
TROUGH ATE - NAMES OF COWORKERS & JOB TITLES:
EMPLOYER: BOUDREAUX, DECEASED.
JOB SITE: VONDALE SHIPYARD
CITY, STATE: WESTWEGO, LOUISIANA
DATE OF
EXPOSURE: 1964-1969
. ON THIS JOB SITE WERE YOU EXPOSED TO
LENGTH OF EXPOSURE: ANY Gr THE FOLLOWING:
HOUSEHOLD EXPOSURE WITNESS DUTIES AT
ih ‘CHEMICALS YES__.
1S JOBSITE: SHEET METAL WORKER: FUMES YES
WAS JOB NEW CONSTRUCTION i GASES YES__.
REPAIR WORK. 5 of BOTH CHROMIUM YES
CADMIUM YES_

OUTDOORS? ____; of BOTH

ANY OTHER PRODUCT YES___

REASON FOR LEAVING: ust:
. DID YOU WEAR A RESPIRATOR, MASK OR
WAGE RATE/HOUR: OTHER PROTECTIVE DEVICE ON THIS JOB TO
AVERAGE HOURS WORKEDWEEK: AVOID INHALATION OF ANY. DUST OR FUMES
INCLUDING ASBESTOS OUST?
YES: NO;
COMMENTS:
ASBESTOS MATERIALS USED ON THESE JOBS: wi
. WITH AROUND
UNKNOWN .

Page

WORK HISTORY SHEET .
{CxDocumens and Setngsinvatsr. oa StingaTenperary noe FesOLKIABOUDREAUXC WH fnpeCZSNOVI02007)MI

NAME: CHARLES BOUDREAUX,

NICKNAME: > CHARLEY

GROUP NAME:

WORK HISTORY SHEET
CHEVRON SERVICE SUPERVISOR:
EMPLOYER: TAT NAMES OF COWORKERS & JOB TITLES:
. CHEVRON SERVICE cee ee

JO’ SITE: STATION
“CITY,STATE: _ TERRYTOWN, LA.
_DATEOF JOB: LATE 1960S 2

APPROXIMATELY 3.
LENGTH OF JOB: MONTHS

MY DUTIES AT THIS JOBSITE: SERVICEMAN _

WAS JOB NEW CONSTRUCTION j
REPAIR WORK. 50 BOTH

WAS JO8 INDOORS? :
‘OUTDOORS? : 80TH

>” REASON FOR LEAVING:
.+ CHANGED JOBS)

WAGE RATEJHOUR:
AVERAGE HOURS WORKEDIWEEK:

ON THIS JOB SITE WERE YOU EXPOSED TO
ANY OF THE FOLLOWING:

CHEMICALS +. YES.
FUMES"
GASES
CHROMIUM
CADMIUM 3" NO
ANY OTHER PRODUCT YES__. NO

meh KKE

UST:

DID YOU WEAR A RESPIRATOR, MASK OR
OTHER PROTECTIVE DEVICE ON THISJOB TO
AVOID INHALATION OF ANY DUST OR FUMES:

INCLUDING ASBESTOS DUST?
YES: No: x
COMMENTS:
SS USED. JOE JORKED
UNKNOWN

WORK HISTORY SHEET -Page ¢

‘Gaocanenis and SetingsmatsriLocl Stings\Temporar name F¥ssiOLKYZBOUDREAUKG.WHpd (pcKCZ5)OUI1 2007)

|NAME: CHARLES BOUDREAUX
NICKNAME: “CHARLIE”
GROUP NAME:
WORK HISTORY SHEET

EMPLOYER: AVONDALE (ARD_ SUPERVISOR:
JOB SITE: AVONDALE SHIPYARD. NAMES OF COWORKERS & JOB TITLES:
CITY, STATE: WESTWEGO, LOUISIANA,
DATE OF JOB: 1968-1970

APPROXIMATELY 2
LENGTH OF JOB: YEARS.

MY DUTIES AT THIS JOBSITE: TACK WELDER

WAS JOB NEW CONSTRUCTION
REPAIR WORK, 5 or BOTH

WAS JOB INDOORS? :
OUTDOORS? : Or BOTH

REASON FOR LEAVING:
AOINED MILITARY.

WAGE RATEIHOUR: a
AVERAGE HOURS WORKEDWEEK: 40+.

ON THIS JOB SITE WERE YOU EXPOSED TO

ANY OF THE FOLLOWING:
CHEMICALS YES___ x
FUMES YES__ x
GASES YES x
‘CHROMIUM YES__NO _X
CADMIUM YES__— NO “XxX”
ANYOTHER PRODUCT YES___NO _X

LIST:

DID YOU WEAR A RESPIRATOR, MASK OR
OTHER PROTECTIVE DEVICE ON THIS JOB TO
AVOID INHALATION OF ANY DUST OR FUMES

INCLUDING ASBESTOS DUST?
YES: NO: x
COMMENTS:
on BS: WORKED
~- WITH AROUND
GLOVES & PROTECTIVE CLOTHING: UNKNOWN @LovES x
wating PRODUCTS: UNKNOWN WELDING RODS x

WORCHISTORY SHEET. Pape

“CAiocuments end Setingsimwatnnt.oca! Setinge\Tar~pararyIlrnet FeslOLK12MIBOUOREALR.CWH wpe (apeXCZSHOINC2007)OUTDOORS? 5 or BOTH

NAME: ~CHARLES BOUDREAUX.
NICKNAME: CHARLIE”
GROUP NAME:
WORK HISTORY SHEET
EMPLOYER: SONAL USE SUPERVISOR;
Jos SITE: PERSONAL VEHICLES: NAMES OF COWORKERS & JOB TITLES:
LOCKEFORD,
CALIFORNIA; TRACY,
CITY, STATE. CALIFORNIA’
DATEOF JOB: 1969-2606 —_
APPROMIMATELY 37
BRAKE Jt AND SUA EE
: ‘GN THIS JOB SITE WERE YOU EXPOSED TO
LENGTH OF JOB: 220. GASKET JOBS _ ANY OF THE FOLLOWING:
= MECHANIC
MY DUTIES AT THIS JOBSITE: MECHAN) CHEMICALS YES___NO
"WAS JOB NEW CONSTRUCTION 5 FUMES: YES__NO
REPAIR WORK _ or 80TH GASES” - YES____ NO
- CHROMIUM YES" NO
WAS JOB INDOORS? CADMIUM YES) NO.

REASON FOR LEAVING:-

ANY OTHER PRODUCT YES__ NO

UST:

WAGE RATEVHOUR:
AVERAGE HOURS WORKEDIWEEK:

DID YOU WEAR A RESPIRATOR, MASK OR

‘OTHER PROTECTIVE DEVICE ON.THIS JOB TO
AVOID INHALATION OF ANY DUST OR FUMES
INCLUDING ASBESTOS DUST?

YES: No:

COMMENTS:
ASBESTOS MATERIALS USED ON THESE JOBS: WORKED

. WITH AROUND

(GASKETS & SHEET PACKING: UNKNOWN, x
‘BRAKE LININGS: UNKNOWN x
AUTOMOTIVE PRODUCTS: UNKNOWN BRAKE LATHE, x
PERSONAL VEHICLE(S) 1980 OLOSMOBILE x

WORK MISTORY SHEET - Pages

(CAomuments an Salingiimwatcontocal Stings\Tenperary lena FsstOLUK124BOUDREAUKCWHwed (vpe}C23K01/102007)NAME: CHARLES BOUDREAUX
NICKNAME: CHARLIE”
GROUP NAME:
WORK HISTORY SHEET

EMPLOYER: US. AIR FORCE __ SUPERVISOR:
JOB SITE: SEE ATTACHED UST NAMES OF COWORKERS & JOB “ITLES:
CITY, STATE SEE ATTACHED LIST
DATE OF JOB: 4974-1979

APPROXIMATELY 6
LENGTH OF JOB: YEARS

wy DUTIES AT THIS JOBSITE: COMPUTER
SPECIALIST’
WAS JOB NEW CONSTRUCTION

REPAIR WORK, jor BOTH

‘WAS JOB INDOORS? 5
ouTDOORS? 30° BOTH

REASON FOR LEAVING:
HONORABLE DISCHARGE

WAGE RATEHOUR: — MILITARY SCALE
AVERAGE HOURS WORKEDWEEK:

ON THIS JOB SITE WERE YOU EXPOSED TO

ANY OF THE FOLLOWING:

CHEMICALS. YES, x

FUMES YES, x

GASES x

CHROMIUM x

CADMIUM, x
x

ANY OTHER PRODUCT -YES___
UST:

DID YOU WEAR A RESPIRATOR, MASK OR
OTHER PROTECTIVE DEVICE ON THIS JOBTO
AVOID INHALATION OF ANY DUST OR FUMES:

INCLUDING ASBESTOS DUST?
YES: NO: xX
COMMENTS:
ASBESTOS MATERIALS USED ON THESE JOBS: WORKED
~~ WETE-AROUND
UNKNOWN:

WOR HISTORY SHEET - Page?

CHscomonls at SelingeimwatcentLacal Stings\Targoray nial Flae\OLK12ABOUDREAUK CW HLnpd (wpeKCZSYONIC2007)NAME: EDWARD J. KAMINSKI
NICKNAME: EDDIE”
GROUP NAME: _KAMINSKI EDWARD

WORK HISTORY SHEET

ITES, INCI tt

LACKLAND AIR FORCE BASE
‘SAN ANTONIO, TX

4971-1972

APPROXIMATELY 6 MONTHS

U.S. AIR FORCE TRAINING FACILITY
DENVER, CO

4972-1973

APPROXIMATELY 1 YEAR

EDWARDS AIR FORCE BASE
MOJAVE DESERT, CA
1973-1975

APPROXIMATELY 4 7% YEARS:

N.KP. AIR FORCE BASE
THAILAND

1975-1976

APPROXIMATELY 8 MONTHS:

TRAVIS AIR FORCE BASE
FAIRFIELD, CA

1976-1978
APPROXIMATELY 3 YEARS

WORK HISTORY SHEET - Pages
(CiDeeurents and Setingevmreseonocal SatingsTemporayIntunet FinstOLK T2A\BOUDREAUXCWH wpa (wp=HCZSYO1"02007)NAME: CHARLES BOUDREAUX,
NICKNAME, TSEHARLIE"
GROUP NAME:
WORK HISTORY SHEET
EMPLOYER: STITH CHEVROLET SUPERVISOR:
STITH CHEVROLET BODY NAMES OF COWORKERS & JOB TITLES:

JOB SITE: SHOP
CITY, STATE: VACAVILLE, CALIFORNIA
DATE OF JOB: 1979-1980_

APPROXIMATELY 4
LENGTH OF JOB: YEAR

MY DUTIES AT THIS JOBSITE: AUTO BODY

REPAIRMAN

WAS JOB NEW CONSTRUCTION

REPAIR WORK ___X_; or BOTH
WAS JOB INDOORS? _X

OUTDOORS? 3 Or BOTH

REASON FOR LEAVING;

CHANGED JOBS:

WAGE RATE/HOUR: —_—__
AVERAGE HOURS WORKEDIWEEK: 40+

‘ON THIS JOB SITE WERE YOU EXPOSED TO

ANY OF THE FOLLOWING:

CHEMICALS YES___ NO
FUMES YES" NO
GASES YES__ NO
CHROMIUM YES___ NO.
‘CADMIUM YES___ NO

ANY OTHERPRODUCT YES__ NO
usT:

bh E EE

DID You WEAR A RESPIRATOR, MASK OR
OTHER PROTECTIVE DEVICE ON THIS JOB TO
AVOID INHALATION OF ANY DUST OR FUMES.

INCLUDING ASBESTOS DUST?
YES: NO: x
COMMENTS:
ASBESTOS MATERIALS USED ON THESE JOBS: lORKED
BRAKE LININGS, UNKNOWN,
AUTOMOTIVE PRODUCTS: UNKNOWN BONDO

TORY SHEET Pages

Worn stom SHEET.
‘CxDomuments and Seuingsimvalzentca Stings Temperary nenet FlétOLKIMBOUDREAUXC WHwpd npeXCZSY01N0 2087)NAME: CHARLES BOUDREAUX
NICKNAME: CHARLIE*
GROUP NAME:

WORK HISTORY SHEET

THER, Al Ti
Piaintif is not aware at this time of exposure to asbestos at the following jobs:

EMPLOYER: ~ SHUGART.

JOB SITE: SHUGART FACILITY

CITY, STATE: SANTA CLARA’CALIFORNIA

DATEOF JOB; 1980-1984

MY DUTIES AT THIS JOBSITE: COMPUTER PARTS HANDLER

EMPLOYER: CONTROL DATA

JOB SITE: CONTROL DATA FACILITY

CITY, STATE: SUNNYVALE, CALIFORNIA

DATE OF JOB: 1981-1990

MY DUTIES AT THIS JOBSITE: RESEARCH AND DEVELOPMENT

‘EMPLOYER: SAN JOAQUIN COUNTY

JOB SITE: SAN JOAQUIN COUNTY FACILITY

CITY, STATE: STOCKTON, CALIFORNIA

DATEOFJOB: 4990-1905,

MY DUTIES AT THIS JOBSITE: COMPUTER OPERATOR REPAIRMAN

YORK HISTORY SHEET. Page 12
‘CiDecument ad Sngs\mneseon. cca Sotlage\Tenperary tint Fles}OLK 12QBOUDREALR.CWHwpd fapeXCZSKOWK 2007)

i
i
'
|EXHIBIT B

Dooument!-101107JOSEPH BOUDREAUX

Page 1

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR TEE COUNTY OF SAN FRANCISCO

CHARLES BOUDREAUX AND DEBORAR
BOUDRESUX,

Plaintiffs,
No. CGC-07-274029
ADVOCATE MINES, LTD., et al.,

Defendants

VOLUME E

DEPOSLTLON OF CHARLES JOSEPH: BOUDREAUX

Monday. Apeil 30, 2007 -

9 pam.

Taken at: :

1140 S, Cherokee Lane

Lodi, California 94240

Reported By: BOBBIE JO HARR, RMR, CSR No. 6090

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efOBedt-7261-4358-bSbE-a00dec1 20328JOSEPH BOUDREAUX

Page 48
02:42:50 1 and the marriage certificate and stuff, but I didn't
02:42:54 2 physically or do any searching.
02:42:58 3 (Whereupon Exhibit A was marked for
02:42:58 4 Identification.)
02:42:59 Ss MR. GILLESPIE: Q. Okay. Let me ask you about
02:43:00 6 a few categories that I'm interested in. Others may ask
02:43:02 7 about other categories.
02:43:04 8 Do you have any documents at all, aside from what we
02:43:06 9 have here, related to your work history?
02:43:08 10 AL Wo.

a @. Any job logs or —- or —
o2:aaiq9 2 A. No.
02243271 13 Q. Okay. Do you have any documents at all related
02:43:16 14 to your purchase of replacemes|. auLomoLive parls?
02:43:20 as AL No.
02:43:20 16 Qo. And Lhal would be invoices, seccipts, anything
02:44:24 uv of that nalare.
02:43:25 18 B. No, I do not. ~
02:43:26 19 Q. Okay. Did you ever have such documentation,
02:43:28 20 six?
02:43:29 21 A No.
02:43:30 22 Q. Okay. Is that something that you would have
02:43:32 23 tossed after purchasing the parts?

02:43:35 24 A. Correct.

02:43:35 25 Q. Okay.

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f0BedAt-7261-4358-bSbF-aedae 120328JOSEPH BOUDREAUX

REPORTER'S CERTIFICATE

I, BOBBIE JO HARR, CSR No. 6090, Certified Shorthand
Reporter, certify:

That the foregoing proceedings were taken before me
at the time and place therein set forth, at which time the

witness was put under oath by me;

That the testimony of the witness, the questions

propounded, and all objections were recorded stenographically
by me and were theroafter transcribed;

That Lhe foregoing is a true and correct transcript
of my shorthand notes so taken.

I further certify that T am not a relative or
employee of any attorney of the parties, nor financially
interested in the action.

I declare under penalty of perjury under the laws of

California that the foregoing is true and correct.

BOBBIE JG HARR, CSR NO. 6090

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Bf0Sedat-7261-4258-bSbf-a00d8c100328EXHIBIT C

Documentt-101107,CHARLES BOUDREAUX

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

CHARLES BOUDREAUX AND DEBORAH
BOUDREAUX,

Plaintiffs,
No. €GC-07-274029
vs.
ADVOCATE MINES, LID., ct al.,

Defendants.

VOLUME 2

DEPOSITION OF CHARLES JOSEVH BOUDREAUX

Tuesday, May 1, 2907 - 10:08 a.m.

Taken at:

1149 S. Cherokee Lane

Lodi, California 94240

d By: BOBBIE JO HARR, RMR, CSR No.

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bOcde1bt-4688-4d0a-babt-Sd2raeddtsbeCHARLES BOUDREAUX

Page 130

11:36:00 1 A, No. No, I did not.

2 Q. Ever do any muffler work or exhaust work?
11:36:03 3 A, No.
11:36:05 4 Q. Did you do any brake work on the Corolla?
11:36:10 5 A. Yes.
1:36:14 6 Q. Okay. Was that one time or more than once?
11:36:14 7 A, Once.

8 Q. Had you had the brakes replaced on that vehicle

8 prior to the time you worked on it?

10 AL No.
11:36:28 uv .Q@ So as far as you know, this was the first person
11:36:26 12 whe had ever taken off the -- the brakes and put on new
11:36:29 13 ones.
11:36:29 u A. Correct.
11:36:33 1 Q. Do you remember if you had any assistance with
11:36:35 16 Uhat brake work?
11: 36236 v A. No, I did not: have assistance.
11:36:38 18 Q. Okay. Now, was this front pads and rear shoes?
12:36:45 19 A, I know it was rear shoes. It was after 1980. I
11:36:54 20 believe it was front pads.
11:36:56 21 ©. Okay. Did you do four wheels or two wheels?
11:36:59 22 + I don't recall.
11:37:91 23 Q. Okay. You remember doing some type of brake

11:37:05 work but you don't know if it involved pads or --

Yeah. You know, I want to say pads because

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Occ 1b8-4682-dOa-babf-sd2taedd 5bCHARI. FS BOUDRRAUX

Page 131

11:37:10 generally the fronts wear out quicker than the -- the

11:37313 shoes on the rear.
31:37:15 Q. Okay.
A. Yeah, I want to say pads.
213788 Q. Do you remember what year you -- you did the
11:37:20 brake work?
31:37:21 + No, I do not.
12:37:23 Q. Do you remember how long after your purchase
ais3 that you did the brake work, whether it was a year, two
years, three years?
- We pul. a Jol of miles on that car. 1 would --
roughly a year, I would speculate.
Q. Okay. Do you remember where you went to get the
new pads or shoes?
Tt was after market.
Q. Was it an after-market location in gan Jose or
some other city?
11:38:07 A. San Jose.
11:38:09 Do you remember the name of that location?
11:38:15 . Yeah. I believe it was a Pep Boys.

11:38:23 Let me ask you this, sir: When you say you

11:38:26 believe to be. Do you ~~ do you know for certain looking
11:38:28 back at this time framework on the Corolla that you went
11:38:31 to the Pep Boys?

11:38:32 I can visualize it, yes.

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bocoetb8-4688-4d0a-babr-Sa2idedd1SheCHARLES BOUDREAUX

page 172 {

01:27:54 1 MR. BENETATOS: Yeah.
01:27:55 2 MR. GILLESPIE: But somebody might be.
01:27:56 3 .
01:27:56 4 ** FURTHER EXAMINATION BY MR. BENETATOS **
01:27:58 5 MR. BENETATOS: Q. I'm sorry. Was this a
01:27:59 6 2002 GMC Sonoma?
ou28:01 7 A. Correct.
01:28:02 8 Q. Okay. Now, I recall your testimony earlier was
01:28:05 9 that you went to the Lodi Pep Boys in 2000. Is that
01:28:08 «= «10S Sncorzect?
01:28:10 li Let me rephrase the question.
01:28 12 MR. MORRTSON: I think he may have said 2000.
01:28 13 MR. BENRTATOS: ‘hat -- that might be the case
orgie 14 there.
onaane 18 Q. The one time you went to the Lodi ep Boys to
1:28:22 16 buy brake parla was for this 2002 CMC Sonoma; is that
01:70:28 17 eoreect?
01:28:27 18 . That's correct. “
01:28:27 19 QO. Did that occur in 2002 or some time after that?
01:28:30 20 A. Some time after that. Because it was a new
01:28:33 21 vehicle.

22 Q. Okay. Okay. Do you remember how long after you

23 purchased the vehicle you went to the Pep Boys?
01:28:43 24 No, I do not.

01:28:46 25 Q. Did you do the replacement at home?

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b0c9c1b#-4688-4d0a-babf.Sd2fIedd15bcCHARLES BOUDREAUX

01:30:47

01:30:49

01:30:50

01:30:52

01:31:01

01:31:05

01:31:18

01:31:28

1:31:34

01:37:39

1:31:41

Oi:31:42

Olr31243

01:31243

08:31 245

01:31:46

O1:3L146

01:31:48

01:31:50

01:31:55

01:31:58

01:31:59

01:32:00

01:32:02

01:32:07

was when you did this brake job?
A. I do not.
Q. Can you give me an idea of how long ago it was
that you did this brake job?
A. Early '04, I think, maybe?
Q. Okay. All right.
When was it that you first began feeling i117
A. Oh, some time, let's see. When did I first go
to the doctor? Seven -- what was it?
\Are you saying July of last year?
July of last year.
Okay.
Yes.
MR. CONWAY: “FT -- T'm not going Lo have any

ions Lo ask.

** FURTHER EXAMINATION BY MR. GILEESPLE **

MR. GILLESPIE: Q. Okay, “sir, have we now

discussed all of the family vehicles that -- either owned
by you or you and Victoria or you and Deborah, that you've
done mechanical work on?

A. Correct.

Q. Okay. Have you ever done any mechanical work on
a vehicle owned by either -- either your children or your

step-children?

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bOc9e1b8-4688-4d0a-babf-Sd2fedd15beCHARLES BOUDRFAUX

06:57:13

06:5)

3

06:57:13

06:57:13

06:57:13

06:57:

06:57:13

06:57:13

06:57:

3

Oerbt:13

06:57:13

06:57:13

06:57:13

eh

13

06:87:13

06:57:23

06:57:13

06:57:13

06:57:13

06:57:13

06:57:13

02:31:47

02:31:48

Page 216

REPORTER'S CERTIFICATE

I, BOBBIE JO HARR, CSR No. 6090, Certified Shorthand
Reporter, certify:

That the foregoing proceedings were taken before me
at the time and place therein set forth, at which time the
witness was put under oath by me;

That the testimony of the witness, the questions
propounded, and all objections were recorded stenographically
by me aud were thereafter transcribed;

That the foregoing is @ true and correct transcript
of my shorthand notes se taken.

I further certify that T am not a relative or
cmployee of any attorney of the parties, nor financially
interesled in Lhe acLion.

I declare under penalty of perjury under Lhe laws of

California that the foregoing is true and correct.

Dated:

BOBBIE JO HARR, CSR NO. 6090

Henjum Goucher Litigation Services

1-888-656-DEPO

bOc8e1b8-4688-4d0a-bab.Sd2"aedd15heEXHIBIT D

Documentt-101107CHARLES BOUDREAUX -— VOLUME 4

Page 400

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

CHARLES BOUDREAUX AND DEBORAH
BOUDREAUX,

Plaintiffs,

No. CGC-07-274029
vs.

ADVOCATE MINES, LTD., et al.,

Defendants.

VOLUME 4

DEPOSITION OF CHARLES JOSEEE BOUDRFADX

Thursday, May 3 - 10:04 a.m.

Taken al
2140 8. Cherokee Lane

Lodi, California 94240

Reported By: BOBBIE JO HARR, RMR, CSR No. 6090

Henjum Goucher Litigation Services
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‘cededb7a-bpaf-4a46-84te-27ca8064sdadCHARLES BOUDREAUX - VOLUME 4

Page 473
11:38:16 1 MR. CONWAY: Okay. I'll look over my notes, but
11:38:18 2 I think that’s all I have on this one.
11:38:20 3 THE WITNESS: Okay.
11:38:20 4 MR. CONWAY: Does anybody have any follow-up
11:38:21 5 questions?
11:38:23 6 MR. BENETATOS: I do.
1:38:24 7 THE WITNESS: Oh, boy.
11:38:25 8 MR. BENETATOS: No, it is very simple.
31:38:26 9 THE WITNESS: Okay.
41:38:26 10 MR. BENETATOS: Very simple.
31:38:26 a
32:38:27 2 ** FURTHER EXAMINATION BY MR. BENETATOS **
12:38:28 13 MR. BENETATOS: Q. You would agree,
11:38:28 14 Mr. Boudreaux, that Pep Boys was never a supplier of any
41:38:33 1s parts to the OJ Trucking Company. Wouldn't you agree with
21:38:35 16 that, as far as you know, anyway?
11:38:37 7 A. as far as I, you're right.
31:38:39 18 MR. BENETATOS: Thank you,
11:38:39 19 THE WITNESS: Okay.
11:38:39 20
11:38:40 21 ** FURTHER EXAMINATION BY MS. TURY **
11:38:41 22 MS. TURY: Are you done?
11:38:48 23 Q. Mr. Boudreaux, at any time when you were working
11:38:51 24 for this company, did you see anyone remove, install,
11:38:54 25 disturb or repair any type of insulation material

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‘cededb7a-bedt-4446-24f0-27 ca59645dadCHARLES BOUDREAUX - VOLUME 4

12:07:21,

12:07:23

12:07:24

12:07:28

12:07:32

12:07:37

12:07:40

12:07:56

12:07:58

12:08:00

12:08:05

12:98:06

12208709

12:08:13

12:08:17

12:08:21

12:08:25

12:08:32

12:08:33

12:08:36

12:08:37

12:08:37

12:08:37

12:08:39

12:08:40

Page 493

A. No, I do not.

Q. Okay. Thank you for bearing with me.

Going back now to your Nevil Storage Company work.
Do you have any information that any other parts besides
brakes that were installed or removed or handled at Nevil
Storage Company contained any asbestos?

A. No, I do not.

Q. On those occasions when you did do brake work at
Nevil Storage Company, did you follow the same procedure
of spraying down and wiping out all -- any dusty parts or
components?

A. Yes, I did.

Q. Do you recall whea you were al Nevil Storage
Company ever seeing any literature or -- or writings of
any kind referring to asbestos or any havards posed by
working around any vehicle components?

A. No, I do not.

MR. CONWAY: I think that's all I have on this
one. Pass and see if anybody else has a question.
MR. BENETATOS: Yes, of course I've got my

question.

** FURTHER EXAMINATION BY MR. BENETATOS **

MR. BENETATOS: Q. As far as you know,

Pep Boys never supplied any automotive parts to

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codcdbTa-b0dt-4446-84f8-270a59645dadCHARLES BOUDREAUX - VOLUME’ 4

Page 494

12:08:44 1 Nevil; is that correct?
12:08:45 2 A. That's correct.
12:08:46 3 MR. BENETATOS: Thank you.
12:08:46 4
12:08:46 5 ** FURTHER EXAMINATION BY MS. TURY **
12:08:47 6 MS. TURY: Q. Sir, at any time while you were
12:08:50 7 an employee of Nevil Storage, whether you were working in
12:08:53 8 San Jose or Santa Rosa, did you see anyone ever remove,
12:08:56 9 install, disturb or repair any type of insulation
12:08:59 a0 material?
12:08:59 a A. No, I did not.
12309300 12 MS. TURY: Thank you, sir,
12:09:02 2
12:09:01 ad ** FURIHER EXAMINATION BY MR. CLEVENGER **
12:09:01 L MR. CLEVENGER: Q. Mr. Boudreaux, at any time
12:99:03 26 while you were working for Nevil and at any site, did you

Ww see any worker or did you yourself work on turbine, pump,
12:09:09 18 compressor, heat exchanger, condenser, blower or valve?
12:09:14 19 A. No.
12:09:15 20 MR. CLEVENGER: Thank you.
12:09:15 21
12:09:15 22 ** FORTHER EXAMINATION BY MR. CRANE **
12:99:16 23 MR. CRANE: Q. Sir, did you see any boiler at
12:09:19 24 any time when you were employed by Nevil?
aaro9:21 25 A. No, I did not.

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cededb7a-b0dt-4446-8418-27ca59645dadCHARLES BOUDREAUX - VOLUME 4

Page 537
O2:i4:41 1 A. No, I do not.
02:14:43 2 Q. Do you know if any were the original factory
02:14:45 3 installed mufflers?
02:14:48 4 A. No. No, they were not.
02:14:55 5 Q. On the -- the gaskets, I neglected to ask you,
02:24:59 6 do you know the brand name, trade name or manufacturer of
02:15:01 7 any of the gaskets that were removed or installed?
02:15:04 @ A. No, I don't recall.
02:15:05 3 Q. Do you know if any were the original?
02318309 10 A. T don't recall, ne.
02:15:10 u Q. Okay. Do you have any information as te the
07518228 wR mileage or maintenance history of any of the trucks that
02:15:33 13 were worked on?
02:18:34 id A. Not that I remember, no.
02:15:35 18 Q. Okay.
02:15:40 16 MR. CONWAY: All right. I think that's all I
02:15:41 a have for you about Seven-Up Bottling Company. See if
02:15:44 1a others have any questions.
02:15:45 19
02:25745 20 ** FURTHER EXAMINATION BY MR. BENETATOS **
02:15:47 aL MR. BENETATOS: I have my standard question.
02:15:49 22 Q. It is true that Pep Boys was never a supplier of
02:15:52 23 any automotive parts to Seven-Up, as far as you know; is
02:15:56 24 that correct?
02:15:56 25 A. That's correct.

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codcdb7a-badt-a44e-B4f8-27caS9645dadCHARLES BOUDREAUX — VOLUME 4

Page 614
REPORTER'S CERTIFICATE

I, BOBBIE JO HARR, CSR No. 6090, Certified Shorthand
Reporter, certify:

That the foregoing proceedings were taken before me
at the time and place therein set forth, at which time the
witness was put under oath by me;

That the testimony of the witness, the questions
propounded, and all objections were recorded stenographically
by me and were thereaftex transcribed;

That the foregoing is a true and correcl Leanscript
of my shorlhand notes se taken.

I further certify that T am not a relative or
employee of any allorney of the parties, nor financially
inlerested in the action.

I declare under penalty of perjury under the laws of

California that the foregoing is true and correc

Dated:

BOBBIE JO HARR, CSR NO. 6090

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‘codedb7a-boul-4446-8418-270a59645dadEXHIBIT E

Documentt-101107DEBORAH BOUDREAUX

Page |
I
1
2 SUPERIOR COURT OF THE STATE OF CALIFORNIA }
3 FOR THE COUNTY OF SAN FRANCISCO
4 f
5 I
6 CHARLES BOUDREAUX AND DEBORAH }
BOUDREAUX, f
7
8 Plaintiffs,

No. CGC-07-274029

10 ADVOCATE MINES, LTD., et al.,

11 Defendants.

13

14 DEPOSITION OF

15 DEBORAH BOUDREAUX

16

17

18 Wednesday, August 15, 2007 - 10:15 a.m.
19

20 Taken at:

21 1140 S. Cherokee Lane

22 Lodi, California 94240

23

24

25 Reported By: BOBBIE JO HARR, RMR, CSR No. 6090

HG LITIGATION SERVICES.
1-888 656-DEPO.DEBORAII BOUPRFAUX

1 MR. BROWN: No. I'm almost done.

2 MS. CLARK: Well, but we're not.

3 (Off the record.)

4 MR. BROWN: Let's go ahead and proceed.

5 Can we go back on the record, please?

6 Back on the record.

7 Q. You had previously identified the manufacturer
8 of the brake shoes and brake pads used to -- used on the

9 0. J. Commercial trucks as Bendix.

10 When I say "trucks," I mean tractors, for now.

i But would that also remain true for the trailers?
12 AL Yes.

13 MS. CLARK: Misstates testimony.

14 MR. BROWN: Q. So is it your testimony

15 that to your knowledge, 0. J. Commercial Transport
16 utilized Bendix brake shoes and brake pads on the

17 tractors and the brake pads?

18 A. Yes.

19 MS. CLARK: Same objection.

20 MR. BROWN: Q. Now, being that you were
21 in charge -- you were in the office and in charge of

22 accounts payable and receivables, do you know where
23. your company or where 0. J. Commericial Transport
24 would buy these Bendix brake shoes and brake pads?

25 MS. CLARK: Calls for speculation.

HG LITIGATION SERVICES
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Page 26DEBORAH BOUDREAUX

aos

©

Page 27
Eric, are we just talking about '96 to '97 now?
MR. BROWN: Yes, just the '96 and '97 to 2000
time period.
MS. CLARK: Okay, the entire time. Okay.
MR. BROWN: Yeah.
THE WITNESS: Yes. We purchased those parts
from Stockton Clutch and Brake Xchange.

MR. BROWN: Q. Anywhere else, to your

knowledge?

A, Nothing that comes to mind.

@. Do you know whether or not the mechanics that
were -- lel me strike chat real quick.

Are you able to tell me the brand name or
manufacturer of the clutches that were utilized by the
mechanics at O. J. Commericial Transport from the '96, '97
to 2000 time period?

MS. CLARK: Calls fcr speculation, overbroad.
THE WITNESS: Probabiy not specifically, other
than, you know, Cummins was a supplier, but I don't know
for a fact that they were the manufacturer.
MR. BROWN: Q. Okay. Is that all, to
your knowledge?
A. ‘That's all, to my knowledge.

Q. Okay. Now, during this '96, '97 to 2000 time

period, you and Mr. Boudreaux were living together; is

UG LITIGATION SFRVICES
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Page 49

1 February, of 1979.

2 Q. Okay. And’ how did you -- how did you two meet?

3 A, We had mutual friends.

4 Q. Okay. And where was it that you met? |

5 A. Vacaville, California.

6 Q. And then you continued dating and then you were |
7 married in August of 1980, correct? |
8 A. That is correct.

9 Q. Okay. Angust 30th, was it? I
10 A. That's correct. F
iL Q. Okay. Would it be 2 true statement that you
12 would not have any seecific information or details about
13. your husband’s work prior to the time that you met him?

14 A. That would be correct.
15 Q. And would it also be true that you would not E

16 have any specific details about your husband's work for i

17 any employer, other than 0. J. Commercial Trucking?

18 A. In what -- = mean, of course I have information
19 he worked for other employers other than the trucking

20 company. Is that what you're talking about?

21 Q. Would you have any specific details about the
22 work that he did for any other employer, other than 0. J.
23. Commercial Trucking?

24 A. Just the type of work, but I was not -~- I have

25 no firsthand knowledge.

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Page 50

Qa. Okay. So if we were to ask you what were his
specific duties, what products, what types of products he
worked with or around, would you have any of that
information for any of his empioyers other than 0. J
Commercial Trucking?

A. Only his duties.

Q. Okay. Would it be a true statement that you do
not have any specific information or details about your
husband's military service?

A. I do not have any information about that.

Q. 9 Okay.

MR. BROWN: I'll object to this line of
questioning, in light of the stipulation that I offered,

MS. SHETABI: Yeah, that's all the questions I
had about that. It was just general questions.

Okay. $o if counsel on the phone now wants to go
ahead and take over and ask about the trucking work, I'll
hand it off. That's all the questions I had on

background.

- - EXAMINATION BY MS. CLARK - -
MS. CLARK: @. Good afternoon. Can you hear me
okay?
A. Yes.

Okay. My name is Kathleen Clark. I apologize

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1 Q. Okay. What did il contain, other than -- for

2 instance, if you had a Bendix brake shoe, what did it say }
3. other than “Bendix brake shoe"?

4 A. It would give the size, the unit number, the

5 I.D. number, and the -- usually the manufacturer's name.

6 Q. Okay. And when you processed these invoices,

7 where were you sending the payments or -- for instance,

8 Bendix vroducts, were you sending it to the supplier?

9 A. Yes, the supplier.

10 Q. Okay. And did you always have the same supplier E
11. for these Berdix products during this same period?

12 A. I couldn't say definitely on that. 1 know we

13. did use one manu -- one supplier a lot, but = wouldn't say

14 that they were the only supplier.

15 Q. And the supplier was Stockton?

16 A. Stockton Clutch and Brake Xchange.

W Q. Okay. But it could have been other suppliers?

18 A. Yes, I'm sure.

19 Q. Did you ever go to pick up any supplies during

20 this period?

21 A. I did not. Either we had them delivered or we

22 had a parts runner that would pick them up.

23 Q. Okay. And did you say the parts runner was a

24 mechanic as well?

25 A. He was a part-time -- not a full -- full-fledged

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Page 70
purchased products from?
A. Kragen would be the Tracy Location.
Q. Okay. Did you ever accompany him to any Pep
Boys to purchase products?
A. Yes. |
Q. And do you remember what types of products he
purchased from either of the Pep Boys location?
A. Oil filters, air filters, oil. ;
Q. Are there any other types of products he I
purchased, besides those, that. you can recall, from Pep
Boys?
A. There are others, but I don't recail
specifically what they are.
Q. Okey. Do you have a memory of your hushand ever

doing any clutch work on any personal automobiles, which
would include automobiles of friends or family or his own
automobiles? F

A, No, I don't.

Q. Do you have a memory of him ever doing any brake

jobs on his personal automobiles or automobiles of friends
or family?

DEFENSE ATTORNEY; Asked and answered.

THE WITNESS: I'm sure over time he might have
earlier on, but we basically had newer vehicles and didn't

do too much of that. E

Le

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Page 71

MS. HANSON: Okay. 1 move lo strike the
speculative portions.
Q. Okay. When you purchased a vehicle, did you
usually purchase vehicles brand new or were they used?
MR. BROWN: Objection, vague and ambiguous, as
to time. Overbroad.

MS. HANSON: Q. You can feel free to answer the

question.
A, I'm sorry.
Q. It is okay.
A. Yes, they were new.
Q. Okay. And did you typically keep the vehicles

for a certain period of time before you then would replace
them with a new vehicle?

A. Yes.

Q. And how long did you typically keep a vehicle
once you had purchased it?

A. Three to five years.

Q. And those vehicles, were they typically serviced
by the -- the company that you bought them from?

A. ‘The dealership, yes.

Q. Okay. Do you have a memory of your husband ever
purchasing any clutch products from any Pep Boys location?

AL I can't recall.

Q. Do you have a memory of your husband ever

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1 purchasing any brake products from any Pep Boys locations? i
2 A. I don't have specific knowledge if it was Pep
3 Boys.
4 Q. Okay. Do you remember your husband purchasing
5 any ~~ actually, strixe that.
6 Do you remember your husband doing any engine work on
7 any of your personal automobiles?
8 A. I don't believe so. Engine work is pretty

9 broad. I mean...
10 Q. Okay.
11 MS. HANSON: J believe thac's all T have. I'm

12 going to take a look at my notes. But thank you for your

13 time.

14 THE WITNESS: Thank you.

15 MS. FIANAGAN: This is Sheila Flanagan. I have

16 a few questions. |
17 E
18 - - EXAMINATION BY MS. FLANAGAN - -

19 MS. FLANAGAN: Q. Ma'am, you had stated earlier

20 in your deposition testimony this morning that you

21 recalled -- at the 0. J. Transport location you recalled [
22 that the clutch -- clutches and clutch products were I

23 ordered from a Cummins company; is that correct?

24 A. They were typically ordered through a company
25 called Stockton Clutch and Brake Xchange.

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1 REPORTER'S CERTIFICATE

I, BOBBIE JO HARR, CSR No. 6090, Certified Shorthand
4 Reporter, certify:

That the foregoing proceedings were taken before me

aw

at the time and place therein set forth, at which time the
7 witness was put under oath by me;

8 That the testimony of the witness, the questions

9 propounded, and all objections were recorded stenographically
10 by me and were thereafter transcribed;

i That the foregoing is a true and correct transcript

12 of my shorthand notes so taken.

13 I further certify that I am not a relative or

14 employee of any attorney of the parties, nor financially

15 interested in the action. E
16 I declare under penalty of perjury under the laws of

17 California that the foregoing is true and correct

19 Dated:

22 BOBBIE JO HARR, CSR NO. 6090

N
a

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