Hearing: LOUIS CASTAGNA VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Selman Breitman Lip
ATTORNEYS AT LAW

28

2OT6AS.L 1077.28787

RICHARD D. DUMONT (SBN 107967)

rdumont@selmanbreitman.com

PAUL J. GAMBA (SBN 146097)
amba@selmanbreitman.com
LMAN BREITMAN LLP.

33 New Montgomery, Sixth Floor

San Francisco, CA 94105

Telephone: (415) 979-0400

Facsimile: (415) 979-2099

Attomeys for Defendant
LAMONS GASKET COMPANY

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

OCT 29 2010

Clerk of the Court
BY: JUANITA D. MURPHY
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

LOUIS CASTAGNA,
Plaintiff,
ve
ASBESTOS DEFENDANTS (BP),
Defendant.

Case No. CGC-07-274230

DECLARATION OF PAUL J.
GAMBA IN SUPPORT OF LAMONS
GASKET COMPANY'S MOTION IN
LIMINE TO BIFURCATE THE
TRIAL ON THE ISSUE OF
SUCCESSOR LIABILITY, OR
ALTERNATIVELY REQUESTING A
HEARING UNDER CALIFORNIA
EVIDENCE CODE § 402 TO
DETERMINE THAT LAMONS
GASKET COMPANY IS NOT
LIABLE FOR FLEXITALLIC
GASKETS DISTRIBUTED BY
POWER ENGINEERING &
EQUIPMENT CO., INC,; EXHIBITS
A AND B- PART 1 OF 3 - Motion in
Limine No. 42

Action Filed: June 6, 2007
Trial Date: October 29, 2010

DECLARATION OF PAUL J. GAMBA

I, PAUL J. GAMBA, declare and state as follows:

L J am an attorney at law, duly licensed to practice before the courts of the

State of California. I am a partner with the law firm of Selman Breitman LLP, attorneys of
record for LAMONS GASKET COMPANY herein.

2. The facts set forth herein are known to me personally, and if called upon to

DECLARATION OF PAUL J. GAMBA IN SUPPORT OF LAMONS GASKET COMPANY'S MIL NO. 42tt

2
3
4
5
6
7
8
9
10
i u
ec. 2
g5 B
Se
ee 14
Me 15
BE 16
3 ou
is
19
20
21
2
23
24
25
26
27
28

207645.1 LOFT28787

testify, I could and would competently testify thereto.

3. Attached hereto as “Exhibit A” are true and correct copies of the title page,
court reporters signature page and pages 10, 17-19, 25-26, 29-33, 51-52, of the transcripts
of the deposition of Charles Robert Lever, taken on December 21, 1993.

4. Attached hereto as “Exhibit B” are true and correct copies of the title page,
court reporters signature page and pages 206-207 & 258-261, of the transcripts of the
deposition of Charles Robert Lever, taken on August 3, 2005.

5. Attached hereto as “Exhibit C” is a true and correct copy of the Declaration
of Richard §. Owen, dated February 4, 2008, with Exhibits A and Exhibit B attached.
These exhibits will be referred to as “Owen Exhibit A” and “Owen Exhibit B” in the
accompanying In Limine Motion.

6. Attached hereto as “Exhibit D” is a true and correct copy of the death
certificate for Charles Lever.

7. Attached hereto as “Exhibit E” are true and correct copies of the Orders
granting Lamons’ motions for summary judgment in the Richard Morais v. Asbestos
Defendants (BP) case, SFSC Case No. CGC-06-450299; the Donald Hecker v. Asbestos
Defendants (BP) case, SFSC Case No. CGC-06-4585 11; the Robert MeMeans v. Asbestos
Defendants (BP) case, SFSC Case No. CGC-06-458519; the Rudolph Hanna v. Asbestos
Defendants (BP) case, SFSC Case No. CGC-07-274107; the Jerry O'Connor v. Asbestos
Defendanis (BP) case, SFSC Case No. CGC-07-274053; the George Kikes v. Asbestos
Defendants case, SFSC Case No. CGC-07-274170; the Steve Little v. Asbestos Defendants
case, SFSC Case No. CGC-06-454664); and the Tom Pisani v. Asbestos Defendanis case,
SFSC Case No. CGC-07-274048.
if
Hf
Hf
if
if

2
DECLARATION OF PAUL J. GAMBA IN SUPPORT OF LAMONS GASKET COMPANY'S MIL NO. 421 I declare under penalty of perjury under the laws of the State of California that the
2 | foregoing is true and correct.
3 Executed this 28th day of October 2010, at Sane ‘ancisco, California.
ZA
5 [ (Le il C\ abr
\ PAUL J-GAMBA
6 Ne
7
8
9
10
fe ll
a
c 12
az
€ z 13
m<
=
oe 14
fe i
Mz 15
Se
St 16
<
g
> 7
a
18
19
20
21
22 7
23
24
28
26
a7
28
207645.1 1077.28787 3
DECLARATION OF PAUL J. GAMBA IN SUPPORT OF LAMONS GASKET COMPANY'S MIL NO. 42EXHIBIT ASUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

4
4 ” suure caNea, . rors } Ro. 980322
, ‘5 SHERMAN AX. EMERY, * YONG, 948983
(§ ARTHUR 6: FERRETTI, “2 +) No, esonaa
7 - ROGER FIELDS, ) Ne. 945339
B JACK L. FROST, ) No. 948997
3 CAROLINE L. LITTLE, } No. 320499
. . 19 FRANK o.+ PATRICK, . . } Ao, (949183
4. JOSEPH R.. WHITE, , . } Ne. 949304
12 vos Plaintiffs, ) 2° :
1 os. . . 9 CERTIFIED COPY -
14 ABEX CORPORATION, et al., od. os
“as . ‘ Defendants, ) Pages 1 - 107
46 vie ea ween eee awe . .
uy . :

18° DEPOSITION oF:

We CHARLES ROBERT LEVER
20° TUESDAY, DECEMBER 21, 1993,
220 ' : LO;15 ALM.

: a2

23 Reported by:
2a GRACE B. . DONESTER

(25°00. CBR NOL 3329.

1950 Sawtelle Blvd, Suite 320
< Gg, EBs Angeles, CA s0025
oe BIO/477-8867 FAX 310/478-8412.moa 2 A ‘1826 West 213th street ain Torrance,
2 California, 90507, .

3 ue Q. io your knowledge uben. vas Power’

4 \Zngineering and Equipment incorporated?

5 A. ag48.
6 Q. Was it incorporated in the state of

. 7 California?

8 Bo Yes.
9 Q- Has it aver been incorporated to your

100 knowledge in any other state?
ii "A. No.
12 Q. . When did you first become ‘employed by

Bower Engineering and Equipment?

BAe. Approximately 1984.
. as Q. _ And what is your date of birth?
16 AL. ese. : -
1. . Q. bia you attend college at some point?
16 , ‘AL . bia t attena?
was . a. (Collage. . a : . .
20 J A _ Yes.
a0, @. | De you have a degree?
22° Ao have an associate of arts dedree., x

23 never completed the four- vysar Program.
24 . Q. Which institution’ aid you ‘get your

\ 28 degree from?

TEARNEY & TEARNEY 1-800-752+51278 1014

more sales of the actuated switches? | .
A." T couldn’t te1z you. = °
Q. Dg you recall any of the manufacturers

af the gaskets that were sold at that tine?

TAL . Yes, .
Qe. | Which manufacturer do" you recall?

A. Mostly Flexitallic. :

Q. when you say ‘mostly Flexitallie,®" there

are other companies that you racall?

: A. We probably sold sone rubber products ate
the sane tine and maybe ‘there might have been others,
but the basic one-was Flexitallic, : .

Qe And to your knowledge did these
Plexitallic gaskets at that time contain asbestos?

A. Yes. :

Q. What type of gaskets dia you sell that
‘were manufactured by Flewitalic? Were these

spiral-wound gaskets?

Re Yes. . :
@ Any other kinds?’ :
Ae No.

Qe. What was the range of, sizes of ‘the

gasket that you soldat the time?
a. , From approximately one~eighth of an inch

inside diameter to probably somewhere’ in the

‘TEARNEY & TRARNEY 1~-200~752-5i73 - 17neighborhood of ten to 12 fact.
MB. ASTANG: I.D.? /
THE WITNESS: That probably was O.D.,
outside diameter, , ,
BY MR, COREY: :
Q. Those would be, manhole-type waskets?
A. We soid manhole gaskets in addition

The- larger Ones were not manholes, They were vessel

gaskets.
Q. Was there a partioular type of gasket

that was a more popular item of sale at that tine?:

A. | Yes.

Qe What was tha most popodir, type of gasket
that Was sold by your company at that: time?’ Would it
be the smaller type or the larger?

a. No. The more popular type would’ have
been a -~ what was ‘salled by Flexitallic a style c. &
gasket which was used on standard pipeline flanges
throughout ‘the world, and they were standard pipe,

sizes for standard pipeline flangss and standard

" pressures, ‘Those were the most popular and still are

today, . . . .

Qe” Did Power Engineering have an exclusive

" dietrtnucorshse with Flexitaitic gaskets?

Ae ‘Yes.

_TEARNEY & TEARNEY 1-800-752-5278 1823

“@. “Was there a particular. geographic: area

that that “included?

Be Xess.
Q, ‘What area was that?

vas . “At what period of time?

Qe We are still talking about when yoy

first started in 1954. Let’s say the first couple of

years when you were 8 store clerk and driver,

A. Southern California, Arizona.. Probably‘

tah. I’m not positive ofthat,

Qe At this time, the early ‘50‘s, was the
Yorrance address the only outlet of Fover Engineering
and Equipment? . :

: a. Yes.

Q At this period of time did you ever
visit any factory where Flexitallic. gaskets were
“made? . . ’

A Yes.

a. where was that?

(Xt wag at that time in camden, New

. . Jersey. . : .
a. And how many times did you visit that
nanufacturing facility? .
: A. . In the early years or toval, or 6

“9, “Bats just say totar.

TEARNEY & THARNEY 1~890-752-5478

192 offices, Xt was part ‘of the original building, and a

2. fenced-in yard. .
300 a. Ras there & ldading dock as werk?
4 A Ag part of the warehouses, yes =~
5. warehouse. OO

Qe "pha you also drive a truck at that point
too in the tater "Sars? ,

Ae When necessary.

Q. woula you as the driver typically
deliver the materials to the job site or toa :
different location?

A os There was no typical. -Depended on the
customer. Some were delivered to the receiving docks”

of the warehouses, Some were delivered to the

offices. It was everything in the book,
“16 _ a Be you recall in the qate 1eso0's
i? delivering gaskets te the refineries themselves?
ag OAL ~ Yes.
io .Q. Was that a more common ocourrence than
_ 29 delivering them te the office building?

ae. Yes. : : :

“ae : a. Xt assume you delivered primarily to the

23° Southern California locations?

24° OAL . Yas.

2. “pid you ever drive'te the Bay area to

-TEARNEY & PEARNBY 1-800-752-5178 25we

aoe

24

°28

deliver gaskets?

became -~

geliver?
Al Ne. : con :
Q.  What’s the rurthest you would drive to

MS. ASIANO: In the ‘50's?
MR. COREY: Yes.
a. het‘s say the late 1950's.

Re There were no limits, but you couid

“ prebably say Bakersfield to the north and -- as an

average.

Q- ‘what's ‘about as.far north as you would
ever drive? ‘

A. There were occasions we might have gone
further in all directions, but cn a regular basis
Bakersfield would probably be the furthest.

Qe In the late 1950's hew-many trucks did

-Bowar Engineering and Equipment operate to deliver?

A. One. .
Qs At some point aia your job duties change

te the point where you were always in the office as.

- opposed te cut ariving trucks?

Ay vee.

Qs. About what year was that that you

‘AL R956.@. “At some point did the numbar of
employees increase? .

Ay Yes.

Qs When do you remember the first
substantial inerease in the number of employees?

Ay Iocan‘t tell you the exact years but the
latter part of the ‘50's and into the ‘60's. We kept
gradually getting Bigger and bigger.

Qe What waa the largest number of employees
that you can recall when you were involved with Power
Engineering?

A. | For Torrance.or for -~ for Powar
“ungineer ing? We had several other places.

Qe At what point did ‘the company expand

beyond Torrance?

AL Approximately 1965.
_@. . ‘Did another warehouse get opened at this
point? : :
aA. In Northern Caligornia,
a. Where'was that warehouse located?
oR Richnond, California. :
.@.. - Was that facility similar in the layout

. ag the Torvance facility? .
: A. |, Much smaller.

Qe smaller.

“REARNEY @ TEARNEY 1-800-752-5178

2912

13

14
as
16
1?
mene 13s

19

20

22

How many employees worked there when it

first opened?

Ae Twa.
Qe De you know their nanes?
oR, Harold Lever, L-e-v-e-r, I can't tell

‘you who the other one is.

Qa Is Harold your brother?
he "Yee.
Q. pid hé work with you in the ‘50‘s at the

roxrence facility?

A. Off and on.

Q. “and there was one other géntleman who
worked with him? .

Ay . Bardon me.

Q. 0 Was there one other gentleman who worked
with your brother at the Richmond facility?

LA. Yes, Bat it could have been @ lady who
started with him, I'm not really sure, He -had a
leng-term employee he started with shortly.
thereafter, but 2 @on‘t know if it was at the very!
beginning or not. I'm not sure of the timing theré.

Q. what kind of thinge was Ne doing at that
facility when it first started?

‘A. : Belling gaskets.

Qe. Did this ~- did this facility condust

EARNEY & TEARNEY B-8O0~752-5178 . 308. gaskets?

the sane type of. pusiness as was being conducted in

torrance, “that is, the sale of the switches and the

A, 99 percent gaskets, warehousing, and

sales. Zt was smaller,

Qe Was the other 1 percent the switches?
Be Yee. ’
Q. ‘yn’ 1965 do you recall any of the

. manufacturers of the gaskets that your brother sold?

Ae Primarily Flexitallic.
Q. Was that also ~~~
aA. They requested us to open there because

they were not happy with their existing distributor,
and so we took over the existing stock ef the

existing distributor. .
a. pid they assist your company financially

“in opening that offiéa? . . a

Ay | + NO.

MS. ASIANO: -Well, Iém goiny to object

to it as vague and ambignous in the sense that they-

gave them business that wes financial business or an

incentive to move up there, But he wants to know dia

“they give you any money to. open up or any:
+ sok .

incentives?;

THE WITNESS: Noe

TEARNEY & TEARNEY be BO-752~-5178 32BY UR. COREY:

Q. . Any loans or anything like that?
Aw No.
a. When you say “primarily Flexitallic,

gaskets," this was.again an axclusive

distributership?
Ae Yes.
Qe Do you recall any other manufacturers of

gaskets at that time in ‘65?

Be That we would have sold?
Q. Out of this one particular facility in
Richmond. ‘ .

Re No,

there were some, but I don‘t remember whose they

would have been.

Q- But Fléxitallic stands cut in your
mind? 7

A, That was the reason for us opening the
office. .

Q. was there a written agreanent between

your company and Flexitallic?

Reo Yas.

Q, . Dig they in that agreament inform you

wae To don’t know the anawar to that, but it

Pe

“ PEARNEY & TEARNSY 1-800-752-5178

T can’t racall others although

that you couldn’t sell anybody else's gaskets?would make sense. They probably told us we coulan‘t
sall anybody else‘s spiral-wound gaskets, put they
would not have.limited us to.other types. At that
time Flexitallic was only making spiral-wound
gaskets.

Qe And these at this tine vere
asbestos-containing gaskets?

A. ‘Yes, a .

Q In 1965 did you also open other offices
or outlets aside from the Richmond office?

A. No. :

Q. be you recall the types éf customers
“that your brother dealt with at the Notthern
california office? Was it+similar to the customers
that you had here, that is, refineries, ‘chemical
plants, things like that? : :

OR... Yes. t : /

a. . Would the refineries be the primary
customer of Power Engineering and gquipment °
throughout the years? .

AL) Yes.

&. Was there any one ‘oil conpany who was a
larger customer than the rest of then?

Ae : Jbarger than the rest of than?

“Vg. ° x mean o~

: TRARNEY & TRARNEY 1-800-752-5178Q. I misspoke.: you're not talking about an
asbestos blanket when you say sheet materisis?

Ae No.
(Recess taken from 11:05 3.M.

to 22:17 A.M.)

BY MR. COREY:

Q. Aside from the expansion and the
eventual sale of some of the packing materials, dia
the company’s business drastically change at all

between ‘54 and 86?
: MS. ASIANO: ‘11 object to the use of

the term ‘drastically change" as vague and

“ambiguous, 711 let him answer it.

BY UR. COREY: .

a. Any substantial change that you ean

.vecall in terms of the products that were sold or the

business that was cofducted?

Ae Yes.
a When was that?
Ae Probably shortly thereafter we took on

“the Lamons distributership.

Q.- Now, when you say you teck on the Lanone .

distributorship, what do you mean by that?
A. s ‘(We replaced Flexitallic with Lamone‘
afetvibutership ‘in 1976. .

-TERRNEY & PRARNEY 1-800~752-5178

52Qe Sco at that point you stepped being an

exclusive distributership of Flexitaliic?

Ae That's correct.
Qe Was it also the case in Southern
California? .
Ae Yas,
Qe You stopped being an exclusive

distributorship of Flexitallic?
AL Yes..
QQ. - After that point did you alse still sell

Plexitallic gaskets?

Ae No.
Q. Not at a12?
A. Unless we had gome on hand, We didn‘t

purchase any new stocks. We may have sold gone of
the exleting stock. :

Qe Was theé part of an agreenent you had
with the Lamona people, that you couldn’ t sell
Flexitallic gaskets after 1976?

A. X @on’t recall what the agreement said -

“in that relationship. .

ay Where was Lamons located?
K, Houston, Texas.
OQ. . pia they have offices in Southern

caaigornia? Coo. ,~ COUNTY OF LOS ANGELES}.

“1993.

STATE OF CALIFORNIA Aye

) ss.

I, GRACE E. DONESTER, CSR No. 3329 in and gor
the State of California, do hereby certify:

That; price to being examined, ‘tha witness
named in the foregoing deposition, to wit, CHARLES
ROBERT LEVER, was by ne duly sworn to testify the
truth, the whole truth, end nothing but the truth;

That said deposition vas taken down by me in”
shorthand at the time and place therein nanea, and
thereafter reduced to typawriting under my direction;

and the same is a true, correct and complete

.transoript of sald proceedings.

y further certify that I am not interested in

the event of the actién.

WITNESS MY HAND this 29th day of. December, "

Certified Shorthand Reporter

for the State of California

DEARNEY & TEARNEY 1-800-752-1789

107EXHIBIT Bwoo

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

CHARLES LEVER and PAMELA LEVER, }
+ +

Plaintifts, Case No. 436110
‘v8. . Volume 1
ASBESTOS..ORPENDANTS 18. ~P). Page

RICKEY OXFORD, °

Plaintift, Case Rov 427267

ve.

}

}

>

,

al
epee genera)
—

)

}

. ’
,

ASBESTOS DEFENDANTS (a - °} }
: : co

DEPOSITION OF:
CHARLES LEVER
Wednesday, Mugust 3, 2005
Los Angeles, California

9218 AM,

Reported by: STEPHANIE L. STROMES
1 C.S.B. No. 11623

193fis

.@ Hr, bever, when you werd asked about thet
question on the follow-up when yoo stated you had never
done any automotive work, doas that include any brake
fobs?

fave you ever done a krake job?

A Mo,

Qu om fave.you.ever assisted, anyone in

job?

A No.
WR, MANSQURZAN: Thank you.

WR. SHARPER: Anyone else?

GXAMINATION {Reaumed} . .
BY MR. SHAPPER: Me. Lever, I'é Like you to tora
now to your employment with gower Engineering and
Equipment Company. . ,
@ You first staxted with that company ia what

year?
A 1984, 1 believe. .
@ Okay. You mentioned earlier in thie deposition

that your father passed away in 1956?

A Yas.
Q And that's when you tock over ak CEO of Power

Engineering?
Wa didn't call tren CEO's in those days.

2661 Q Well, you were’the guy who ran the company?
a A Yes.

3 g Okay. Didn’t have a formal title, but that's
{the effect of your poudtion? .

A Yea.
9. , Now, at this time, Power Engineering was ®

$
&
7 corporation; correct?”
& A Yes,

9

@ 80 it had shareholders; true?

w A Yes,

42 least a portion of bis shares?

u Q When your father passed away, did you inherit at

3 A Yes.
u @ «- What paxcentage of the shares did you inharit?
1s “AT helieve at to.be $0 percent,
16 @ And who were the other shareholders?
7 A My brother: darold Lever. I believe that was all.
8 Q Did your mother inherit any of.the shares?
a9 A We. .
20 @ Se you and your brother were 50-50 owners?
a A Of my father’s shares,
22 © Of your father!s shaca?
3 RO Yes,
a Q Were there other shareholders aside from your

28 father immediately preceding his passing?

207ese

" Duriren, D-u-r:

A ft can't recall.

Q Rave you ever heard of 8 company by the name of

eros?
A Yes, I've heard of them.

Q ° What, if anything, do you associate with that

A Zero. Mothing.

@ G0 you recall the context in which you heard the
nana? : .

A No. dust in the gealing industry, pecking
gasketing, ot cetera. .

Q To your knowledge, have you ever worked with any
product. made oz sold by ducison?

A Mo.

@ Mr. Lever, you sold the ousiness in 1986 te
Lamong Mets) Gaskét Company; right? —

A Yes.
WR. SHAPFRR: I'd like te have this maxked es

exhibit next in order, which I believe ix five.
{Bxbibic $ wae marked for identification
by the reporter and is attached hereto.)
MR. SHAFFER: You the record, this is a
document entitied Asset Purchase Agreement consisting of

28 pages.
L1U1 hand it Eicet to your attorney so ne has 2

259chance to take a laok at it before I auk any questions.

NR. BRAYTON: Ave you going to ask Mr. Laver if
this is, in tect, the docunent?

BR. SHAFFER: Yes.

WR. BRAYTON: We'll just beth quickly look at st
together, How da that?

MA, SHAFFER: Okay. -

Q Sir, nave you had @ chance to review Exnibst 5
which is the Reset Purchase agreement? .

A Yes.

e ig that 2 true and correct copy of the agreanent
reflecting the sale of Power Engineering and Equipment
Gonpany to Lemons Metal Gasket Company? :

WR. BRAYTON: Aside from the extraneous markings
having to do with it being a faxed document? .

HR. SHAPER: Yes,

THE WITRESS: To my knowledge, yee.

BY MR. SKAFPER:
2 On Page 25, there are a number of algnatures.

Cen you tell ne whether your signature appears
on that page?

aA Yes.
Gan you also identify that of your brother's?

a
A Yes,
Q The purchase price reflected 3.4 million

259dollars, .
Is thet your recollection?

A Yea.

a And what percentage of the purchase price did
you receive, if you recall?

A  dou't recall.

@ This was an asset sale as opposed to a stock
gate: correct? .

A Yes,

@ Is St your understending, based én this
agreement, that Lanons dic not agree to assume any
Liabilities except those that were expressly set forth in
the agreement? . . ‘

A I don't think t understand the question, sir.

Q  Gue,, Bhen-you sald the assets of your-pusiness
to Lamang Meta Gasket Company, ie it your understanding _
that Lamons agreed to accept only the liabilities of
Power Engineering to the extent that those Liabulsties
were set forth in the agreement? °

RA To my recollection, yes.

@ Okay. And the. agreement dows not set forth any
tort Habiiieies: dorreus? :

a Correct.

@ Okay. So ie Lt your understanding that Lamoas

Metal Gasket Company did not assume any liability for.

260tort liabilities that ower Enginadring may have had?

A} believe go, yes.

g That responsibility for tort ligbilities

fomsinad with the shareholders of Power Engineering?

MR, BRAYTON: Objection. calls fer a legal

conclusion.

BY HR. SHAPFER:

@ As faz.as your understanding, sit?
A Yes.
@ . Okay. And that would include you and your
brother as shareholdeze; true?
HR. BRAYTON: Sane objection.
THE WETWESS: And others.
BY MR. SHAPFER:

Q that other people were shareholders ot the tine

thet the company was sold?
A Mr. Tim Hinch and He. Ron Kovilerich,
Keo-v-t-lea-r-ive-h, I’m not positive on the spelling.
Q ° Mr. Lever, is it also your understanding that
the asset purchase agreement has indemnification
provisions? ;

aA Yes.
@ Okay, and is it your understanding that the

siareholders, including yourself, agreed; purauant to

this agreement, to defend and indemnify Lawons for any

261I, STEPHANIE L. STROMER, C.8.R. Number 11821, do

hereby certify;

That prior to being examined, the witness named
in the foregoing deposition, CHARLES LEVER, VOLUME IT,
wags previously sworn to testify the truth, the whole
truth, and nothing but the truth:

That seid deposition was teken before me at the
time and place therein set forth and was taken down by
we in shorthand and thereafter was trangeribed into
typewriting under my direction and supervision, and I hereby
certify the foregoing deposition is a full, true and correct
transcript of my shorthand notes so taken.

X further certify that I am neither counsel for nor
related to any party to said action nor in any way

interested in the outcome thereof.

IN WITNESS WHEREOF, I have hereunto subscribed my

name this day of + 2005.

STEPERNTE DO” STROMER

4252
3
4
5
6
7
8
9
10
a it
2 12
8
S- 13
Be
2 g 14
mz
« 15
ge
Ske 16
<
oO 17
n
18
19
20
21
22
23
24
25
26
27
28

202645,1. 1077.28787

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

Louis Castagna v. Asbestos Defendants (BP)
San Francisco Superior Court Case No. CGC-07-274230
Defendant: LAMONS GASKET COMPANY
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

lam employed in the County of San Francisco, State of California, | am over the
age of 18 years and am not a party to the within action; my business address is 33 New
Montgomery, Sixth Floor, San Francisco, CA 94105.

On the date shown below, I electronically served the following document(s) via
LexisNexis File & Serve described as DECLARATION OF PAUL J. GAMBA IN
SUPPORT OF LAMONS GASKET COMPANY'S MOTION IN LIMINE TO
BIFURCATE THE TRIAL ON THE ISSUE OF SUCCESSOR LIABILITY, OR.
ALTERNATIVELY REQUESTING A HEARING UNDER CALIFORNIA
EVIDENCE CODE § 402 TO DETERMINE THAT LAMONS GASKET
COMPANY IS NOT LIABLE FOR FLEXITALLIC GASKETS DISTRIBUTED BY
POWER ENGINEERING & EQUIPMENT CO., INC. - MOTION IN LIMINE NO,
42; EXHIBITS A AND B- PART 1 OF 3 on the recipients designated on the
Transaction Receipt located on the LexisNexis File & Serve website.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on October 28 2010, at San Francisco, California.

7 Evita Elod

4
DECLARATION OF PAUL J. GAMBA IN SUPPORT OF LAMONS GASKET COMPANY'S MIL NO. 42