Motion-Secondary: CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al

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                                BRYDON

Huco & PARKER
135 MAM STREET
20" FLOOR:

‘Sun Francisco, CA 94105

John R. Brydon [Bar No. 083365]
George A. Otstott [Bar No. 184671]
Thomas J. Moses [Bar No. 116002]

Jann M. Noddin [Bar No. 196445] ELECTRONICALLY

BRYDON HUGO & PARKER FILED

135 Main Street, 20th Floor Superior Court of California,

San pencise aS) ete e 300 County of San Francisco

acsimile: : JAN 14 2010

Facsimile: (415) 808-0335 GORDON PARK-LI, Clerk

Attorneys for Defendant BY: ANNIE PASCUAL

BAYER CROPSCIENCE, INC, successor to Deputy Clerk

AMCHEM PRODUCTS, INC.

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

CHARLES TOBEY, (ASBESTOS)

Case No. CGC-07-274226
Plaintiff,
vs. EXHIBITS A THROUGH C TO THE

DECLARATION OF THOMAS J. MOSES

ASBESTOS DEFENDANTS (B“P) IN SUPPORT OF BAYER CROFSCIENCE,

__|INC. SUCCESSOR TO AMCHEM
Defendants. PRODUCTS, INC.’S MOTION FOR

SUMMARY ADJUDICATION

1

EXHIBITS A THROUGH C TO THE DECLARATION OF THOMAS J. MOSES IN SUPPORT OF BAYER
CROPSCIENCE, INC, SUCCESSOR TO AMCHEM PRODUCTS, INC.’S MOTION FOR SUMMARY
ADJUDICATIONEXHIBIT ABRAYTON@PURCELL LL?

ATEORNEYS ATLAW

202 RUSH LANDING ROAD

P OBOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898.1585

Oo mH AH BP WN

DAVID R. DONADIO, ESQ., S.B. #154436
BRAYTON%*PURCELL LLP

Attorneys at Law

222 Rush Landing Road

P.O, Box 6169 .

Novato, California 94948-6169

(415) 898-1555

Attorneys for Plaintiff

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO
CHARLES TOBEY, ASBESTOS
No. 274226
Plaintiff,

FIRST AMENDED COMPLAINT FOR
PERSONAL INJURY - ASBESTOS

vs. ,
ASBESTOS DEFENDANTS BaP) J

As Reflected on Exhibits B, B-1, C,
N; and DOES 1-8500; and SEE
ATTACHED LIST.

eee

1. Plaintiff CHARLES TOBEY was born July 15, 1940.
2. The ©BraytonPurcell Master Complaint for Personal Injury [and Loss of

| Consortium]- Asbestos (hereinafter "Master Complaint") was filed January 2, 2003, in San

Francisco Superior Court. A copy of the Master Complaint and General Order No. 55 may be
obtained upon request fromi Brayton’ Purcell, and designated portions of the Master Complaint
are incorporated by reference herein pursuant to the authority conferred by General Order No. 55]
Plaintiff's claims are as set forth in said Master Complaint against defendants herein as follows:
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ATTORNEYS ATLAW

222 RUSH LANDING ROAD

P.O, Rox 4169

NOVATO, CALIFORNIA 94948-6169

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(415) 898-1555

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ALLIS-CHALMERS CORPORATION PRODUCT LIABILITY TRUST
ASBESTOS CORPORATION LIMITED
BUCYRUS INTERNATIONAL, INC.
BECHTEL CORPORATION (DE)

SEQUOIJA VENTURES, INC.

THOMAS DEE ENGINEERING CO., INC,
FOSTER WHEELER LLC

GARLOCK SEALING TECHNOLOGIES, LLC
GENERAL ELECTRIC COMPANY

HANSON PERMANENTE CEMENT, INC.
KAISER GYPSUM COMPANY, INC.
LAMONS GASKET COMPANY .
METALCLAD INSULATION CORPORATION
OWENS-ILLINOIS, INC.
PARKER-HANNIFIN CORPORATION
PLANT INSULATION COMPANY

QUINTEC INDUSTRIES, INC.
RAPID-AMERICAN CORPORATION

RILEY POWER INC.

UNIROYAL HOLDING, INC,

VIACOM, INC,

WALDRON, DUFFY, INC.

ZURN INDUSTRIES, INC.

WESTERN MacARTHUR COMPANY
MacARTHUR COMPANY

WESTERN ASBESTOS COMPANY

HONEY WELL INTERNATIONAL, INC,
DAIMLERCHRYSLER CORPORATION
FORD MOTOR COMPANY-

GENERAL MOTORS CORPORATION.
GENERAL DYNAMICS CORPORATION”
CSK AUTO, INC.

INGERSOLL-RAND COMPANY

GOODLOE E. MOORE INC,

GENERAL DYNAMICS CORPORATION
BAYER CROPSCIENCE INC,

DURABLA MANUFACTURING COMPANY, INC.
A.W, CHESTERTON COMPANY
GOODYEAR TIRE & RUBBER COMPANY, THE
THERMON MANUFACTURING CO

* 8.7.M. AUTOMCTIVE

INTRICON CORPORATION
CROWN CORK & SEAL COMPANY, INC.
(Previously sued as Doe 4)
LUNKENHEIMER COMPANY, THE
(Previously sued as Dos 10)
METROPOLITAN LIFE INSURANCE COMPANY
C.C. MOORE & CO. ENGINEERS
(Previously sued as Doe 16 21006)
ASSOCIATED INSULATION OF CALIFORNIA
* (Previously sued as Doe 17 & 1007)
itSCOTT CO, OF CALIFORNIA
CONSOLIDATED INSULATION, INC.
OSCAR E. ERICKSON, INC.
HOPEMAN BROTHERS, INC,
J.T. THORPE & SON, INC.
OCCIDENTAL CHEMICAL CORPORATION
DOUGLASS INSULATION COMPANY, INC,
(Previously sued as Doe 3 & 1002)
FOLEY-PMI, INC. :
(Previously sued as Doe 6 & 1003)
FLUOR CORPORATION
(Previously sued as Doe 15 & 1005)
ABHI-CROCKETT, INC.
THE DOW CHEMICAL COMPANY

E.L DU PONT DE NEMOURS AND COMPANY

PACIFIC GAS & ELECTRIC COMPANY
SHELL OIL COMPANY

CHEVRON PRODUCTS COMPANY
UNOCAL CORPORATION

DILLINGHAM CONSTRUCTION, N.A., INC.
ALBAY CONSTRUCTION COMPANY

SANTA FE BRAUN, INC. AS SUCCESSOR-IN-INTEREST TO C.F, BRAUN, INC,
METROPOLITAN LIFE INSURANCE COMPANY

GATKE CORPORATION

AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL HYGIENISTS, INC,

UNDERWRITERS LABORATORIES, INC.
PNEUMO ABEX LLC
and DOES 1-8500,

Defendants.

Charles Tobey vs. Asbestos Defendants (BP)
San Francisco Superior Court No. 274226Cause of Action B BI ¢€

First (Negligence) Xi Ri
‘tan ED B

Second (Strict Liability)

Third (False SZ

Rope entation) i kl

Fourth (Loss of

Consortium) Oo OF O

Eifth Premises Owner/’ my op

Contractor Liability) a wd

Sixth, Seventh, Eighth

fe Negligence
Jones Act}],Maintenance and Cure)

Ninth (Longshore and Harbor Workers
Compensation Act [LHWCA])

Tenth, Eleventh (F.E.L.A.)

Twelfth, Thirteenth sirator
Safety Devices) (Respiratory

Fourteenth, Fifteenth
(Brake Shoe Grinding)

Sixteenth (Concert of Action}

Seventeenth, Eighteenth (Fraud, Deceit/Negligent
Mistepresentation/Concealment)

Nineteenth (Frand/Deceit/
Intentional Misrepresentation)

Twentieth (Fraud/Deceit - Kent)
Twenty-First (Aiding/A betting Battery - Met Life)
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3. Plaintiff's asbestos-related injury, date of diagnosis, employment status, and
history of exposure to asbestos are as stated on Exhibit A.

4, {a) “Exposed persons" in ‘paragraphs 21, 68 and 69 of the Master Complaint
include plaintiff CHARLES TOBEY herein and plaintiff's father, Merlin Tobey.

5. Plaintiff's claims against defendant VIACOM, INC. (successor by merger to
CBS CORPORATION which is successor~in-interest to WESTINGHOUSE ELECTRIC
CORPORATION) exclude military and federal government jobsites,

6. Plaintiffs hereby amend the Master Complaint on file herein, to incorporate a
new Twenty-First Cause of Action, set forth below, specially plead against the defendant listed
on Exhibit N, namely METROPOLITAN LIFE INSURANCE COMPANY. (Plaintiffs are in ,
the process of amending the Master Complaint herein and will include this new Cause of Action
in said amendment.)

: “TWENTY-FIRST CAUSE OF ACTION”
Aiding and Abetting Battery
[Against Metropolitan Life Insurance Company
and Does 7501-7900, Inclusive}

AS AND FOR A FURTHER, TWENTY-FIRST, SEPARATE AND DISTINCT :
CAUSE OF ACTION FOR AIDING AND ABETTING BATTERY, PLAINTIFF
COMPLAINS OF DEFENDANTS METROPOLITAN LIFE INSURANCE COMPANY,
DEFENDANTS ON EXHIBIT N, DOES 7501-7900, THEIR ALTERNATE ENTITIES AND
EACH OF THEM, AND ALLEGES AS FOLLOWS:

226, Plaintiff incorporates herein by reference, as though fully set forth hereat, each
and every allegation of the First through Third and Sixteenth, Seventeenth, Eighteenth and
Nineteenth Causes of Action as though fully set forth herein. (As used throughout this cause of
action, ‘plaintiff refers to all named plaintiffs and/or all named decedents from whom the
named plaintiffs’ injuries may derive.) ,

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3
COMPLAINT FOR PERSONA| JURY - ASBESTOS:So om YW A A AR WwW HN

226. This cause of action is for the aiding and abetting of battery by METROPOLITAN
LIFE INSURANCE COMPANY (“MET LIFE”), primarily through its assistant medical
director Anthony Lanza, M.D., of a breach of duty committed by Johns-Manville Corporation
(ENP). :

227, Plaintiff is informed and believes, and thereon alleges, that at all times herein
mentioned defendant MET LIFE was and is a corporation organized and existing under and by
virtue of the laws of the State of New York or the laws of some other state or foreign
jurisdiction, and that this defendant was and is authorized to do and/or was and is doing
business in the State of California, and regularly conducted or conducts business in the County
of San Francisco, State of California, At times relevant to this cause of action, MET LIFE was
an insurer of J-M.

228. Plaintiff, was exposed to asbestos-containing dust-created by the use of the
asbestos products manufactured, distributed and/or supplied by J-M. Plaintiff was exposed to

this asbestos during his employment with:

Sierra Pacific Power PG&E, Eureka, California & Exxon (Humble
Co., Tracy Clark CA (Insulator- Hawaiian Sugar Oil) Refinery,
Power Station, Journeyman) Crockett, CA Benicia, CA
Spars (insulator - (nsulator -
(Insulator- Journeyman) Journeyman)
Apprentice)

Shell Oil, Martinez,

CA (nsulator-

Journeyman) ‘

This exposure to the asbestos or asbestos-related products svpplied by J-M caused Plaintiff's
asbestos-related disease and injuries,

229. Starting in 1928, MET LIFE sponsored studies of asbestos dust and asbestos-
related disease in Canadian mines and mills, including those of J-M. Those studies revealed
that miners and mill workers were contracting asbestosis at relatively low levels of dust.
McGill University, which conducted the studies, sought permission from MET LIFE to publish
the results but they were never published. MET LIFE prepared its own report of these studies.
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230, Between 1929 and 1931, MET LIFE studied dust levels and disease at five U.S.
plants manufacturing asbestos-containing products, including a J-M plant. Those studies
showed that workers in substantial numbers were contracting asbestosis, at levels less than what
became the Threshold Limit Value (“TLV”) of Smppef. The MET LIFE report was never:
published or disseminated except to plant owners, including J-M.

231. In 1932, MET LIFE studied dust levels and disease at the J-M plant at Manville,
New Jersey, Results were consistent with those of the Canadian and previous U.S. plant
studies, They were never published. ,

232. In 1934, J-M and others whose plants MET LIFE had studied agreed with MET
LIFE that it should issue a report of its studies. .

233. MET LIFE submitted a draft of its report to J-M. 1M requested, for legal and

“business reasons, that certain critical parts of the draft be changed. MET LIFEB’s official in

charge was Lanza. MET LIFE through Lanza did make changes that J-M requested, including:
(a) Deletion of MET LIFE’s conclusion that the permissible dust level for asbestos
should be less than that for silica;
(b). Addition of the phrase that asbestosis clinically appeared to be milder than
silicosis,
The report, thus altered, was published in 1935. It was misleading, and intentionally so,
because it conveyed the incorrect propositions that asbestosis was a less serious disease process
than silicosis and that higher levels of asbestos dust could be tolerated without contracting
diseases than was the case for silica dust.

234, MET LIFE had a close relationship with J-M. It invested money in J-M. It

.|| provided group health and life insurance to J-M. MET LIFE IN 1934 agreed to supply

industrial hygiene services to J-M, including dust counts, training employees to monitor dust
levels, examining employees, and recommending protective equipment. MET LIFE and Lanza
were viewed as experts on industrial dusts,

235. In 1933, MET LIFE through Lanza issued the following advices to J-M:
Mit

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~ ASBE!1 {a) _ Disagreeing with the recommendation of a J-M plant physician, MET LIFE
advised against warning workers of the fact that asbestos dust is hazardous to
their health, basing its advice in view of the extraordinary legal situation;
(b) When the plant physician judged the best disposition of an employee with
asbestosis was to remove him from the dust, MET. LIFE advised instead that

2

3

4

5

6 disposition should depend on his age, nature of work and other factors and to
7 leave him alone if he is old and showing no disability, for, MET LIFE stated,
8 economic and production factors ‘must be balanced against medical factors.

9 236. J-M followed the MET LIFE advices and did not warn its workers, including

10] plaintiff, of the hazards of asbestos dust, and J-M also intentionally refrained from notifying

workers of their disease.

12 237. In 1936, MET LIFE, J-M and others founded the Air Hygiene Foundation

13 || (“AHF”). One of the AHF purposes was to develop standards for dust Jevels that would serve
14 | as a defense in lawsuits and workers’ compensation claims.

15 238. MET LIFE funded partially another study that tentatively recommended in 1938 a
16] TLV for asbestos dust of Smpccf, the same as for silica dust. MET LIFE was aware of data

17] from its own, umpablished reports that showed that level was too high for asbestos dust, MET
18} LIFE nonetheless promoted that TLV as proper.

i9 239, In June 1947, the Industrial Hygiene Foundation (“THE”) which succeeded to the
20 || AHE, issued a report of studies by Dr. Hemeon of U.S. asbestos plants, including a J-M plant.
21 || That report showed that workers exposed to less than the recommended maximum levels of
22 | dust were developing disease. MET LIFE was a member of the INF and Lanza was on its

23 || medical committee. The Hemeon report, which was supplied to J-M and other owners, never
241) was published. , :

25 240. In 1936, J-M and other asbestos companies agreed with a leading medical research

26 || facility, Saranac Laboratories, that Saranac would research asbestos disease, but J-M and the

27}! others retained control over publication of the results. In 1943 Saranac’s Dr. Leroy Gardner, in
28 |

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charge of the research, sent a draft to J-M that revealed that 81.8% of mice exposed to long
fiber asbestos contracted cancer. °

241, Dy. Gardner died in 1946. J-M and other companies wanted parts of the Saranac
results published and enlisted the assistance of MET LIFE’s Lanza. J-M and other companies
decided that Saranac’s findings of cancer caused by asbestos in mice must be deleted, as well as
Saranac’s critique of existing dust standards. Lanza directed Saranac to delete the offending
materials, Saranac did so, and the altered report was published in 1951 by Saranac’s Dr.
Vorwald, in the 444 Archives of Industrial Hygiene.

242. Lanza left MET LIFE at the end of 1948, and took a position at New York
University, funded by MET LIFE, He continued to misrepresent that asbestos does not cause
cancer into the 1950s.

243. The IHF (formerly AHF), of which MET LIFE was a member and MET LIFE
official was on its medical committee, through Drs, Braun and Truan conducted a study of
Canadian miners. The original report, in 1957, found an increased incidence of lung cancer in
persons exposed to asbestos. The sponsors, including J-M, caused those findings to be stricken,
and the report published in 1958 contained the false conclusion that asbestos exposure alone did
not increase the risk of lung cancer, . .

244. The false and misleading reports that a link between asbestos exposure and cancer
was not proven influenced the TLV, for if a substance causes cancer the TLV must be very low
or zero,

245, J-M not later than 1933 was inflicting asbestos dust on its workers in its plants
knowing that the dust was hazardous and was causing workers to contract disease that could
and would disable and kill them, As MET LIFE advised, J-M.did not warm its workers of the
hazard, J-M committed battery on workers in its plants, including plaintiffs’ decedent, by that
conduct. ‘

246, MET LIFE knew that J-M’s conduct constituted a breach of its duties to its
workers. MET LIFE gave substantial assistance to J-M in committing batteries on its workers,
including plaintiff's decedent, through MET LIFE’s conduct described above, including by:

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Affirmatively urging J-M not to wam workers of the hazards of asbestos dust, in
view of the extraordinary legal situation, such that J-M did not warn its workers,
including plaintigr: 's decedent;

Deleting the findings of its own draft report that the allowable limits for asbestos
dust should be Jess than those for silica dust, and promoting a false and unsafe
TLV which specified maximum levels of silica dust, and promoting a false and
unsafe TLV which specified maximum levels of dust for workers, including
plaintiffs’ decedent, which MET LIFE knew was wrong through its own studies;
Advising J-M to keep certain workers continuing to work at dusty areas in the
plant even after J-M was aware that their lungs showed asbestos-induced
changes, lest other workers including plaintiffs’ decedent be alerted 10 the

dangers of working in the dust.

WHEREFORE, plaintiff prays judgment as is hereinafter set forth.”

Dated: VW Lyhs@

BRAYTONPURCELL LLP

we VOR

” David R.Donadio
Attorneys for Plaintiff

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8
IPLAINT FOR PERSONAL INJURY - ASBESTOS.EXHIBIT AEXHIBIT A

Plaintiff's exposure to asbestos and asbestos-containing products occurred at various

locations both inside and outside the State of California, including but not limited to:

Location of
Employer Exposiire
Plant Insulation Co., 2271 Sierra Pacific Power Co.,
California St., pracy Clare Power Station,
San Francisco, CA; Sparks, NV
Associated Insulation of
California
238 So. 24" St.
Richmond, CA
Western Asbestos Company, PG&E
3150 Third Street, Eureka, CA
San Francisco, CA
National Insulation Inc. Sierra Pacific Power Co.,
1107 19" St. NW Tracy Clark Power Station,
Washington D.C. Sparks, NV
Western Asbestos Company, Shell Oil,
3150 Third Street, Martinez, CA

San Francisco, CA

Plant Insulation Co,, 2271 "California & Hawaiian

California St., ugar

San Francisco, CA Crockett, CA
Wester Asbestos Company, Exxon (Humble Oil
3150 Third Street, panera D
San Francisco, CA Benicia, CA

or

Wester MacArthur

2855 Mandela Pkwy,

Oakland, CA

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Exposure
JobTitle Dates
Insulator 5/1960-10/1960
(Apprentice)
Insulator 1962-1964
(Journeyman)
Insulator 1/1963-6/1963
Insulator 1965 (Approx. 6
(Joumeyman) months)
Insulator 1968
(Journeyman)
Insulator «1968
(Journeyman)

EXHIBIT A

bpd 10
C ‘OR PERSONAL INJURY - ASBESTOS:EXHIBIT A (Cont'd
Plaintiff's exposure to asbestos and asbestos-containing products caused severe and
permanent injury to the plaintiff, including, but not limited to breathing difficulties, asbestosis,
and/or other lung damage, and increased risk and fear of developing mesothelioma, lung cancer
and various other cancers, Plaintiff was diagnosed with asbestosis and asbestos-related pleural
disease on or about March 2007.

’ Plaintiff retired from his last place of employment at regular retirement age. He has
therefore suffered no disability from his asbestos-related disease as "disability" is defined in
California Code of Civil Procedure § 340.2. :

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COMPLAINT FOR PERSONAL INJURY - ASBESTOSEXHIBIT BoD we NAA BR YW YN

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DEFENBANTS

ALLIS-CHALMERS CORPORATION PRODUCT

LIABILITY TRUST
ASBESTOS CORPORATION LIMITED
BUCYRUS INTERNATIONAL, INC.
BECHTEL CORPORATION (DE)
SEQUOIA VENTURES, INC.

THOMAS DEE ENGINEERING CO,, INC.

FOSTER WHEELER LLC

GARLOCK SEALING TECHNOLOGIES, LLC

GENERAL ELECTRIC COMPANY

HANSON PERMANENTE CEMENT, INC.

KAISER GYPSUM COMPANY, INC.
LAMONS GASKET COMPANY

METALCLAD INSULATION CORPORATION

OWENS-ILLINOIS, INC.
PARKER-HANNIFIN CORPORATION
PLANT INSULATION COMPANY
QUINTEC INDUSTRIES, INC.
RAPID-AMERICAN CORPORATION
RILEY POWER INC.

UNIROYAL HOLDING, INC.
VIACOM, INC, :

WALDRON, DUFFY, INC.

ZURN INDUSTRIES, INC.
WESTERN MacARTHUR COMPANY
MacARTHUR COMPANY

ASBESTOS CORPORATION LIMITED
BUCYRUS INTERNATIONAL, INC.

FOSTER WHEELER LLC

GARLOCK SEALING
TECHNOLOGIES, LLC

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COMPLAINT SONA!

EXHIBIT B

WESTERN ASBESTOS COMPANY
HONEYWELL INTERNATIONAL, INC.
DAIMLERCHRYSLER CORPORATION
FORD MOTOR COMPANY
GENERAL MOTORS CORPORATION
GENERAL DYNAMICS CORPORATION
CSK AUTO, INC. *
INGERSOLL-RAND COMPANY
GOODLOE E. MOORE INC,
” GENERAL DYNAMICS CORPORATION
BAYER CROPSCIENCE INC,
DURABLA MANUFACTURING COMPANY, INC.
A.W, CHESTERTON COMPANY
GOODYEAR TIRE & RUBBER COMPANY, THE
THERMON MANUFACTURING CO
8.T.M. AUTOMOTIVE
* INTRICON CORPORATION
CROWN CORK & SEAL COMPANY, INC,
(Previously sued as Doe 4)
LUNKENHEIMER COMPANY, THE
(Previously sued as Doe 10)
METROPOLITAN LIFE INSURANCE COMPANY
C.C. MOORE & CO, ENGINEERS
(Previously sued as Doe 16 &1006)
ASSOCIATED INSULATION OF CALIFORNIA
(Previously sued as Doe 17 & 1007)
DOES 1-800

ALTERNATE ENTITY.
GENERAL DYNAMICS CORPORATION

BUCYRUS-ERIE

MARION POWER SHOVEL COMPANY, THE
OSGOOD COMPANY

GENERAL EXCAVATOR COMPANY

FOSTER WHEELER CORPORATION

GARLOCK, INC.

COLTEC INDUSTRIES, INC.
FAIRBANKS-MORSE
FAIRBANKS MORSE ENGINES
BELMONT PACKING & RUBBER CO.
GARLOCK PACKING CO.

US. GASKET CO, .
GOODRICH CORPORATION

ENPRO INDUSTRIES, INC.

EXHIBIT B

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I GENERAL ELECTRIC COMPANY

LAMONS GASKET COMPANY

RILEY POWER, INC,

SEQUOIA VENTURES, INC.
UNIROYAL HOLDING, INC.
VIACOM, INC,

ZURN INDUSTRIES, INC,

FORD MOTOR COMPANY

MW

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ALTERNATE ENTITY

MATTERN X-RAY

HOTPOINT ELECTRIC APPLIANCE COMPANY LIMITED
TRUMBULI. ELECTRIC MANUFACTURING COMPANY
GE INDUSTRIAL SYSTEMS .
CURTIS TURBINES

PARSONS TURBINES

GENERAL ELECTRIC JET ENGINES

LAMONS METAL GASKET CO.
POWER ENGINEERING AND EQUIPMENT COMPANY, INC.
POWER ENGINEERING COMPANY

BABCOCK BORSIG POWER, INC,

DB RILEY, INC. ‘

RILEY STOKER CORPORATION
BADENHAUSEN

UNION IRON WORKS

UNION IRON WORKS OF SPOKANE, WA

BECHTEL CORPORATION (DE)
UNIROYAL, INC,

CBS CORPORATION

WESTINGHOUSE ELECTRIC CORPORATION
WESTINGHOUSE ELECTRIC AND
MANUFACTURING COMPANY

B.F. STURTEVANT

KPIX TELEVISION STATION

-PARAMOUNT COMMUNICATIONS, INC.

ZURN INDUSTRIES, INC., ENERGY DIVISION
ERIE CITY ENERGY DIVISION

ERIE CITY IRON WORKS

ERIE CITY BOILERS

WILKINS-ZURN INDUSTRIES

BRITISH LEYLAND MOTORS, INC.
BRITISH MOTOR CORPORATION
JAGUAR CARS, INC.

TRIUMPH

LINCOLN CONTINENTAL

AUSTIN HEALEY

EXHIBIT B

14
[PLAINT FOR PERSONAL INJURY - ASBESTOSoD wm ND tH FF YH DY

EXHIBIT B (e
ALTERNATE ENTITY

HONEYWELL INTERNATIONAL, INC, HONEYWELL, INC.
HONEYWELL CONTROLS
* ALLIEDSIGNAL, INC,

ALLIED-SIGNAL, INC.
THE BENDIX CORPORATION
BENDIX PRODUCTS AUTOMOTIVE DIVISION
BENDIX PRODUCTS DIVISION, BENDIX AVIATION CORP.
BENDIX HOME SYSTEMS
ALLIED CORPORATION
ALLIED CHEMICAL CORPORATION
GENERAL CHEMICAL CORPORATION

-FRAM .
FRICTION MATERIALS OF LOS ANGELES.
NORTH AMERICAN REFRACTORIES COMPANY
EM SECTOR HOLDINGS INC,
UNIVERSAL OIL PRODUCTS COMPANY
BOYLSTON CORPORATION
EHRHART & ASSOCIATES, INC.
EHRHART & ARTHUR, INC,
GARRETT AIR RESEARCH CORP.
STANLEY G. FLAGG & CO.
MERGENTHALER LINOTYPE COMPANY
ELTRA CORPORATION _
BUNKER RAMO-ELTRA CORPORATION

GENERAL MOTORS CORPORATION NEW DEPARTURE
. CHEVROLET

A.C. DELCO CO.
BUICK AUTOMOTIVE CORPORATION
CADILLAC
PONTIAC
LaSALLE
OLDSMOBILE
GM GOODWRENCH
ROCHESTER PRODUCTS DIVISION
EUCLID ROAD MACHINERY CO.
FRIDGIDAIRE (for exposure pre 4/9/1979)

CSK AUTO, INC. KRAGEN AUTO SUPPLY CO,
NORTHERN AUTOMOTIVE CORPORATION
CHECKER AUTO PARTS, INC.
TBDPC CORPORATION ~
PACCAR AUTOMOTIVE, INC.
GRAND AUTO, INC.
AL'S AND GRAND AUTO SUPPLY, INC.
SCHUCK’S AUTO SUPPLY
TOPPS AUTOMOTIVE
TRAK AUTO PARTS.

MW EXHIBIT B

KAlajured\O7356\0M-LAMND f'Lwod

COMPLAINT FOR PERSONAL INJURY -INGERSOLL-RAND COMPANY

'

GENERAL DYNAMICS CORPORATION

SO ew D HR WON
cee

GOODLOE E. MOORE INC
GENERAL DYNAMICS CORPORATION

16 || BAYER CROPSCIENCE, INC.

21 || THE GOODYEAR TIRE & RUBBER
COMPANY

S.T.M, AUTOMOTIVE

27 || INTRICON CORPORATION
28 |

MeMafured107 356: MP-2AMND PL
IPL A

EXHIBIT B (contd.

ALTERNATE ENTITY.

INGERSOLL-DRESSER PUMP .
DRESSER-RAND CO.

PACIFIC PUMP WORKS

FLOWSERVE CORPORATION
INGERSOLL ROCK DRILL COMPANY
TERRY STEAM TURBINE CO.

RAND DRILL COMPANY

RAND & WARING DRILL AND COMPRESSOR COMPANY
INGERSOLL-SERGEANT |
SCHLAGE LOCK COMPANY

YON DUPRIN ’

THE TORRINGTON COMPANY
BLAW-KNOX COMPANY

CONVAIR

VULTEE AIRCRAFT INC. *

CONSOLIDATED VULTEE AIRCRAFT CORPORATION
ASBESTOS CORPORATION LIMITED

GEMCO INSULATION

CONVAIR .

VULTEE AIRCRAFT INC,

CONSOLIDATED VULTEE AIRCRAFT CORPORATION
ASBESTOS CORPORATION LIMITED

BAYER CROPSCIENCE USA, INC.

AVENTIS CROPSCIENCE USA, INC.

RHONE-POULENC AG COMPANY, INC.

RHODIA, INC.

RHONE-POULENC, INC. -

STAUFFER CHEMICAL COMPANY

STAUFFER CHEMICALS CO, .

AMCHEM PRODUCTS, INC., THE BENJAMIN
FOSTER DIVISION

GOODYEAR AEROSPACE CORP.

LOCKHEED MARTIN TACTICAL SYSTEMS, INC,
LORAL CORPORATION -

AIRCRAFT BRAKING SYSTEMS CORP.

SAN PABLO AUTOMOTIVE SUPPLY
SAN PABLO AUTO PARTS

5 & P AUTOMOTIVE

APPIAN AUTO SUPPLY

S&S DISTRIBUTORS ©

FOREIGN MOTOR PARTS

SELAS CORPORATION OF AMERICA.

EXHIBIT BOe WA hw hw He

NN DP BP YR NR NY YY Be eB Be ee me
Sew Ae FON | SF Oe KAGE BH AS

‘CROWN CORK & SEAL COMPANY,
INC.

ASSOCIATED INSULATION
OF CALIFORNIA

Wl

tif

KMoluresh\973serchar.1AMND Phy

EXHIBIT B (cont'd.)
ATE. TY

MUNDET CORK COMPANY

OSCAR £, ERICKSON, INC.

EXHIBIT B

aap 17
COMPLAINT FOR PERSONAL INTORY > ASBESTOSEXHIBIT B-1Co wr nw Pw nN

“ oO

DEFENDANTS

ALBAY CONSTRUCTION COMPANY

EXHIBIT B-!

THOMAS DEE ENGINEERING CO,, INC.

SANTA FE BRAUN, INC, AS SUCCESSOR-IN- “ OCCIDENTAL CHEMICAL CORPORATION

INTEREST TO C.F. BRAUN, INC.
SCOTT CO, OF CALIFORNIA
CONSOLIDATED INSULATION, INC,
OSCAR E. ERICKSON, INC.
HOPEMAN BROTHERS, INC.

J.T. THORPE & SON, INC.

SCOTT CO. OF CALIFORNIA

OSCAR BE. ERICKSON, INC,

4.T. THORPE & SON, INC.

OCCIDENTAL CHEMICAL

CORPORATION

FLUOR CORPORATION

MW

it

AeMiglured\ 07 7SACMP.LAMND PL

DOUGLASS INSULATION COMPANY, INC.
(Previously sued as Doe 3 & 1002)
FOLEY-PMI, INC.
(Previously sued as Doe 6 & 1003)
FLUOR CORPORATION
(Previously sued as Doe 15 & 1005)
DOES 1-800; DOES 1001-2000

ALTERNATE ENTITY

SCOTT COMPANY OF CALIFORNIA

SCOTT COMPANY OF NORTHERN CALIFORNIA
SCOTT CO, INDUSTRIAL CONTRACTORS
SCOTT-BROADWAY CONTRACTORS, INC.
BROADWAY PLUMBING CO., INC.

BROADWAY MECHANICAL CONTRACTORS, INC.

ASSOCIATED INSULATION OF CALIFORNIA
OSCAR E. ERICKSON COMPANY
OSCAR ERICKSON, INCORPORATED

THE THORPE COMPANY
THORPE PRODUCTS CO. ©
J.T. THORPE NORTHWEST

HOOKER CHEMICAL CORPORATION (NY)
DUREZ CHEMICAL
BEST FERTILIZERS CO., THE

FLUOR MAINTENANCE

FLUOR CONSTRUCTION COMPANY

THE FLUOR CORPORATION, LIMITED

THE FLUOR CORPORATION, LTD.

FLUOR CORPORATION, A Delaware Corporation
FLUOR-DANIELS

* EXHIBIT B-1EXHIBIT C .we NU AH Aw Ne

NN YR YN NN Ye Be oe Be Ee Se Se BP eB
oat A mA FY YN HK FS we IU mR mH eR HY NY FH SG

DEFENDANTS

ABHI-CROCKETT, INC,

THE DOW CHEMICAL COMPANY

E.l, DU PONT DE NEMOURS AND COMPANY

PACIFIC GAS & ELECTRIC COMPANY

SHELL OJL COMPANY

CHEVRON PRODUCTS COMPANY

UNOCAL CORPORATION

SCOTT CO, OF CALIFORNIA

CONSOLIDATED INSULATION, INC,

OSCAR E, ERICKSON, INC.

ZURN INDUSTRIES, INC.

DILLINGHAM CONSTRUCTION, N.A,, INC.

ALBAY CONSTRUCTION COMPANY

SANTA FE BRAUN, INC, AS SUCCESSOR-IN-
INTEREST TO C.F. BRAUN, INC.

BECHTEL CORPORATION (DE)

SEQUOIA VENTURES, INC.

METALCLAD INSULATION CORPORATION

EXHIBIT C

HOPEMAN BROTHERS, INC.
J.T. THORPE & SON, INC,
THOMAS DEE ENGINEERING CO., INC.
PLANT INSULATION COMPANY
WESTERN MacARTHUR COMPANY
MacARTHUR COMPANY
WESTERN ASBESTOS COMPANY
.C. MOORE & CO, ENGINEERS
(Previously sued as Doe 16 &1006)
ASSOCIATED INSULATION OF CALIFORNIA
(Previously sued as Doe 17 & 1007)
OCCIDENTAL CHEMICAL CORPORATION
DOUGLASS INSULATION COMPANY, INC.
(Previously sued as Doe 3 & 1002)
FOLEY-PMI, INC.
(Previously sued as Doe 6 & 1003)
FLUOR CORPORATION
(Previously sued as Doe 15 & 1005)
DOES 1001-2000

ALTERNATE ENTITY.

ABHI-CROCKETT, INC.

CALIFORNIA AND HAWAIIAN SUGAR COMPANY

C & H-HAWAIL, INC,
C & H SUGAR COMPANY

CHEVRON PRODUCTS COMPANY

CHEVRON U.S.A. PRODUCTS COMPANY

CHEVRON CORPORATION PRODUCTS COMPANY
CHEVRON CORPORATION
CHEVRON OIL REFINERY,
CHEVRON CHEMICAL COMPANY
WILSHIRE OIL
STANDARD OIL COMPANY OF CALIFORNIA
STANDARD OIL COMPANY OF CALIFORNIA,
WESTERN OPERATIONS, INC.
GULF OIL COMPANY >
GULF OIL OF CALIFORNIA
GULF OIL CORPORATION
GULF OIL PRODUCTS COMPANY
CHEVRON RESEARCH AND.
TECHNOLOGY
PACIFIC OIL REFINING
PACIFIC REFINING CO,
SEQUOIA REFINING CORP.
CHEVRON U.S.A., INC.
CHEVRON U.S.A, PRODUCTS, INC.

i
We
Wi

EXHIBIT C

Sedat nana Bae 21
PLAINT FO! INJURY -ASBESTOSPREMISES OWNERDEFENDANTS
ABEECROCKETT, INC,

THE DOW CHEMICAL COMPANY

EI, DU PONT DE NEMOURS AND
COMPANY

PACIFIC GAS & ELECTRIC COMPANY
| SHELL OIL COMPANY

CHEVRON PRODUCTS COMPANY
UNOCAL CORPORATION

CONTRACTORDEFENDANTS.
SCOTT CO. OF CALIFORNIA

CONSOLIDATED INSULATION, INC.

OSCAR E, ERICKSON, INC.

‘Kanfureds 10735
Al

TF FO!

EXHIBIT C (contd.
LOCATION

California & Hawaiian Sugar
Crockett, CA

Dow Chemical
Pittsburg, CA

El. Dupont de Nemoirs
Antioch, CA

PG &E,
Eureka, CA

Shell Oil,
Martinez, CA

Chevron (Standard Oil)
Richmond, CA

Union O71
Rodeo/Oleam, CA

LOCATION

Shel! Oil,
Martinez, CA.

Bank of America
Van Ness Branch
San Francisco, CA

Chevron (Standard Oil) .
Richmond, CA -

Bethlehem Steel,
Shipbuilding
San Francisco, CA

California & Hawaiian Sugar
Crockett, CA .

Various ships and submarines
Mare Island Naval Shipyard
Vallejo, CA

Bank of America
Van Ness Branch
San Francisco, CA

Shell Oil,
Martinez, CA.

TIME PERIOD
1968

1965

1965-1966

1962-1964

* 741958-3/1959;

1965

496351965
1968

TIME PERIOD

TAIS8-3/1959;
1965

8/1959-3/1960

19611965

1965

1968

1968 (1 year)
8/1959-3/1960

TAN958-3/1959;
1965

EXHIBIT CSe wmN AH BON

CONTRACTOR
DEFENDANTS _

OSCAR E. ERICKSON, INC. (cont’d.)

ALBAY CONSTRUCTION COMPANY

SANTA FE BRAUN, INC. AS
SUCCESSOR-IN-INTEREST TO C.F.
BRAUN, INC.

Mt

EXHIBIT € (cont'd. 4

LOCATION

Various Ships at
Hunters Point Naval Shipyard,
San Francisco, CA

Chevron (Standard Oil)
Richmond, CA

Bagle Picher
Lovelock, NV

California & Hawaiian Sugar
Crockett, CA

Various ships and submarines
Mare Island Naval Shipyard
Vallejo, CA

Union Oil |
Rodeo/Oleam, CA

Shell Oil,
Martinez, CA

Fibreboard
Antioch, CA

Chevron (Standard Oil)
Richmond, CA

Dow Chemical
Pittsburg, CA.

E.1. Dupont de Nemoirs
Antioch, CA.

Califoria & Hawaiian Sugar
Crockett, CA

Shell Oil,

Martinez, CA

Chevron (Standard Oi)
Richmond, CA

Dow Chemical
Pittsburg, CA

TIME PERIOD.
1960-1961

(I year)
196151965

1967

1968

1968 (1 year)

1968
‘U1958-3/1959;
1965
1960-1961
19611965
1965
1965-1966

1968

TAIS8-3/1959;
1965

1961;1965

1965

EXHIBIT C

‘Sen ersace ea 23
COMPLAINT FOR Pi IAL INJURY - ASBESTOSoO 0 ew ND WF Y DY

o

CONTRACTOR
DEFENDANTS.

DILLINGHAM CONSTRUCTION, N.A.,
INC,

BECHTEL CORPORATION
(DEVSEQUOIA VENTURES, INC.

METALCLAD INSULATION
CORPORATION

ue

EXHIBIT C {cont'd.’

LOCATION

Shell Oi,
Martinez, CA

Fibreboard
Antioch, CA

Various Ships at
Hunters Point Naval Shipyard,
San Francisco, CA .

Chevron (Standard Oil)
Richmond, CA

Dow Chemical
Pittsburg, CA.

California & Hawaiian Sugar
Crockett, CA

Various ships and submarines
Mare Island Naval Shipyard
Vallejo, CA ‘

Shell Oil,
Martinez, CA

Fibreboard
Antioch, CA .

Chevron (Standard Oil)
Richmond, CA :

Dow Chemical
Pittsburg, CA.

E,], Dupont de Nemoirs
Antioch, CA

California & Hawaiian Sugar
Crockett, CA

Shell Oil,
Martinez, CA

Various Ships at
Hunters Point Naval Shipyard,
San Francisco, CA.

TIME PERIOD

111958-3/1959;
1965

+ 1960-1961

1960-1961 (1 year)

196151965
1965
1968

1968
(1 year)

1/1958-3/1959;
1965
1960-1961
196151965
1965
1965-1966
1968
TA9S8-3/1959,
1965

1960-1961 (1 year)

EXHIBIT C

able PUSS ASOD ety ASO
COMPLAINT FOR PERSONAL INJURY - ASBESTOS .oOo OU mW UD KH FS BN

CONTRACTOR,
DEFENDANTS _

METALCLAD INSULATION
CORPORATION (cont'd.)

ZURN INDUSTRIES, INC.

HOPEMAN BROTHERS, INC.

J.T, THORPE & SON, INC,

THOMAS DEE ENGINEERING CO., INC.
PLANT INSULATION COMPANY
WESTERN MacARTHUR
COMPANY/MacARTHUR
COMPANY/WESTERN ASBESTOS
COMPANY

C.C. MOORE & CO. ENGINEERS

ASSOCIATED INSULATION OF
CALIFORNIA

OCCIDENTAL CHEMICAL
CORPORATION

DOUGLASS INSULATION COMPANY,
TNC. .

FOLEY-PMI, INC,
a

Ww

Maura OTA S8ACMP-LAMNO Fld 25
‘OMPLAINT FOR PERSONAL INJURY =

EXHIBIT C (cont'd.

LOCATION

Chevron (Standard Oil)
Richmond, CA

E,L. Dupont de Nemoirs
Antioch, CA

Various ships and submarines
Mare Island Naval Shipyard
Vallejo, CA .

Various

Various

Various

Various

Various

Various

Various

Various
Various

Various

Various

TIME PERIOD
1961; 1965

1965-1966

1968

(1 year)
Various
Various
Various
Various
Various

Various
Various
Various
Various

Various

Various

EXHIBIT C.EXHIBIT HSO me HI A A PR YM

Now MB PN RY Be = Be Be Be ee ee
eau Am FOS 8 SF Fe AAD EO

EXHIBITH

DEFENDANTS

METROPOLITAN LIFE INSURANCE COMPANY
PNEUMO ABEX LLC .
BORGWARNER MORSE TEC, INC,
HONEYWELL INTERNATIONAL, INC, (successor-in-
interest to ALLIEDSIGNAL, INC.)
THE BUDD COMPANY
DAIMLERCHRYSLER CORPORATION
DANA CORPORATION
FORD MOTOR COMPANY
GENERAL MOTORS CORPORATION
BRIDGESTONE/FIRESTONE
NORTH AMERICAN TIRE, LLC
LEAR SIEGLER DIVERSIFIED HOLDINGS CORP.
MAREMONT CORPORATION
MORTON INTERNATIONAL, INC.
PARKER-HANNIFIN CORPORATION
STANDARD MOTOR PRODUCTS, INC.
GATKE CORPORATION
GARLOCK, SEALING TECHNOLOGIES, LLC
BRASSBESTOS BRAKE LINING COMPANY
H. KRASNE MANUFACTURING COMPANY.

STUART-WESTERN, INC.

RITESET MANUFACTURING COMPANY
ASBESTOS MANUFACTURING COMPANY
FIBRE & METAL PRODUCTS COMPANY
LASCO BRAKE PRODUCTS

LJ, MILEY COMPANY

ROSSENDALE-RUBOIL COMPANY

SOUTHERN FRICTION MATERIALS COMPANY
U.S. SPRING & BUMPER COMPANY

AUTO FRICTION CORPORATION

"EMSCO ASBESTOS COMPANY

FORCEE MANUFACTURING CORPORATION

MOLDED INDUSTRIAL FRICTION CORPORATION

NATIONAL TRANSPORT SUPPLY, INC.

SILVER LINE PRODUCTS, INC.

STANDCO, INC.

UNIVERSAL FRICTION MATERIALS COMPANY

WHEELING BRAKE BLOCK MANUFACTURING
COMPANY *

-OWENS-ILLINOIS, INC,

BELL ASBESTOS MINES LTD.

AUTO SPECIALTIES MANUFACTURING COMPANY DOES5000-8000

“

EXHIBIT H

Atsfuei\ 1073 S6\CMP-1 AMIN PL wed 27 :
COMPLAINT FOR PERSONAL INJURY - ASBESTOSEXHIBIT ICoM IH HH B WN

Qs GR FS

16

EXHIBIT 1

DEFENDANTS

METROPOLITAN LIFE INSURANCE COMPANY
OWENS-ILLINOIS, INC. Lo

PNEUMO ABEX LLC

GATKE CORPORATION

GARLOCK SEALING TECHNOLOGIES, LLC

AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL HYGIENISTS, INC.

UNDERWRITERS LABORATORIES, INC,
DOES5000-7500

ures O73 SSAC AMIND PL wp

EXHIBIT I

i 29
LAINT FOR PERSONAL INJURY - ASBESTOSEXHIBIT Jwok og

wo YAH Aw NN

EXHIBIT J
DEFENDANTS
METROPOLITAN LIFE INSURANCE COMPANY
DOES 7400-7500
ul

ul

i“

Ning O72 SOOM -LAMND Ph 1
RK

EXHIBIT J

- AS OSEXHIBIT Nade

EXHIBITN
DEFENDANTS
METROPOLITAN LIFE INSURANCE COMPANY
DOES 7501-7900
uM

Me

cao Rt Dw fF wD

NM NY NNN VY = SF eos ese Se ee
NRRPERBRBHSTSEUV RARER S

Nn
oF

i . . EXHIBIT N

onvestanisogu a Plwpd 33
COMPLAINT ERSO! ~ ASBESTOS:_” ATTORNEYS ATLAW
222 RUSHLANDING ROAD
PO BOX 6169 .
NOVATO, CALIFORNIA 94940-6169
(415) 898.1855

BRAYTON®PURCELL LLP

wont Aw RW HN

10

15

PROOF OF SERVICE BY LEXIS-NEXIS E-SERVICE
Iam employed in the County of Marin, State of California. I am over the age of 18

ars and am not a party to the within action, My business address is 222 Rush Landing Road,
.O. Box 6169, Novato, California, 94948-6169. .

On December 12, 2008, I electronically served (E-Service), pursuant to General Order
No. 158, the following documents: .

FIRST AMENDED COMPLAINT FOR PERSONAL INJURY ~- ASBESTOS
on the interested parties in this action by causing Lexis-Nexis E-service program pursuant to
General Order No. 158, to transmit a true copy thereof to the following party(ies): ~

SEE ATTACHED LIST

: The above document was transmitted by Lexis-Nexis E-Service and the ‘transmission
was reported as complete and without error. ‘

Executed on December 12, 2008, at Novato, California.

I declare under penalty of fexjney ler the laws of the State of California that the
foregoing is true and correct. ; ) .

Charles Tobey v. Asbestos Defendants (BP), et al.
San Francisco Superior Court Case No. 274226

PROOF OF SERVICE BY E-SERVICEBrayton-Purcell service Liat

Date Created: 12/11/2008-5:49;39 PM

Created by: LitSupport - ServiceList - Live

Matter Number:

Armstrong & Associates, LLP
One Kaiser Plaza, Suite 625

Oukiand, C.
» SHORE ato “810-493-1836 (fax)
eens: k & Seal Ce hh
‘own Cor: ea] any, inc.
(CC&S) ompanys

Becherer, Kanueti & Schweitzer
1233 Powell Street

mrenyvile, le, CA 94608-
Ho. 58-3600 Bees 68 ist (fax)
Defendants:
CSK Auto, Inc. (CSKAUT)
Dillingham Construction, N.A,, Inc.
@ILGHM)

lion Hugo & Parker
35 Main Si 20 Mloor
San Francisco, CA 9410.

415-808-0300" AS a8 -0333 (fax)
Defendants:

Foster Wheeler LLC FA | Foster Wheeler
Corporation) (FOSTER)

Giymn & Finley

One Walnut Creek Center

100 Pringle Avenue, § Suite 500
Walnut Creek, C,

pale 2800 on a 1975 (fax)

fendants:
me Du Pont De Nemours and Company
(DUPONT) .

Hassard Bonnlngton LLP
Two Fmbarcadero Center
Suite 1800
San Trancisco, CA 94)11
415-288-9800 415-288-9802 (fax)
Defendants:

Sequoia Ventures Inc, (SEQUOA)

Kaox Ricksen LLP

1300 Clay Street, Suite 500
Oakland, CA 94612-1427

510-: 2852 2500 $10-285-2505 (fax)

Defenc
site Chetiers Cor ration Product
Liability Trust (ALLIS)

107356.002 ~ Charles Tobey

Barg C Coffin Lewis & & Trapp, LLP
rzan Gilhuly, Esc
350 California Stre
San Francisco, CA 94104-14;
415-228-5400 415-228- 5496 (fax)
Defendants;
Occidental Chemical Corporation
(OCCICH)

Set

Berri & Berry
0x 160"
3530 Lakeshore Avenue
Saidand, © ‘A 94610
$10-835-8330 510-835-5117 (Fax)
Defendants:
Berry & Berry (B&B)

Cooley, Manion, Jones, Hake, & Kurowski

ti Spex Street
Suite 18
San Francisco, CA 94105
415-512-4381 415-512-6791 (fax)
Defendants:

A.W, Chesterton Company (CHESTR)

Gordon & Rees LLP
10] West Broadway
Suite 2000
San Diego, CA 9210)
619-696-6700 619-1 1596-71 24 (fax)
Defendants:
Albay Construction Company (ALBAY)

Howard Rome Martin & Ridley
Rae B Woodside & Road Suite 200

6]
ee 365" see SS 650-364-5297 (rm)
Defendants; .
‘Theron Manufacturing Co (THEMFG)

Law Offices of Glaspy & Glaspy
One Walnut Creek Center
100 Pring ingle Aver Avenue, Suite 750
Walnut Creek, CA 945! :
925-947-1300 os Sar 1504 (fax)
Defendants:

er Garlock ak Sealing Technologies, LLC

+ Run By : Harwood, Jennifer s.

(5H)

Bass Martini, Edlin & Blum
351 California Smet, Suite 200
Sen Francisco, CA 94104
415-3974! S006" Be 397- 1339 (fax)
Defendants:
Hanson Permanente Cement, Inc, formerly -

* known as Kaiser Cement Corporation .

(KAISCE)
‘Hoy Fopeman Brothers, Inc. HOPE),
TI hogpe & Son, tn Inc. (THO) uD
Kalser Gypsum Company, Inc, (KAISGY)

Bowman andi Brooke LLP
879 West 190” Street
Suite 700
Gardena, CA 90248-4:
310-768-3068 Borid.1019 (fax)
Defendants;
Ford Motor Company (FORD)
‘General Mators Corporation (GM)

Foley & Mansfield J PLLP

ue Broadway) or Floor
Oakland, CA

510- 390 3500 ner. 590-9595 (fax)

Defen
ene PS ration FLUOR)
Riley Power Inc, ( ow

Gordon & Rees LLP
Embarcadero Center West
2754 ‘Battery St Street, 20" oor
San Fri CA 94111
415+ “986. S00" 415-986-8054 (fax)
Defendants:
Goodyear Tire & Rubber Company, The

nd Company (INGRSL)

* (GOOBYR

Ingersoll

Jackson & Wallace

35 Francisco Street

Sixth Floor

San Francisco, CA 94

415-982-6300 415- oe 6700 (fax)

Defendants:
General Dynamics Corporation
Goodloe E. Moore Inc (GOOMOO)
Zum Industries, LLC (ZURN)

Law Offices of Jerome Schreibstein
Embarcadero Center West
275 Battery Street, Eighteenth Floor
San Francisco, CA 94)
415-875-3355 415-358-9885 (fax)
‘Defendants:

Bayer Cropscience Inc. (BAYCRO)Braytoh-Purcell service List

Date Created: 12/11/2008-5:49:39 PM

Created by: LitSupport - Servicebist - Live
Matter Number: 107356.001 - Charles Tobey

Law Offices of Lucinda L. Storm, Esq.
610A Third Street
San Francisco, CA 94107
415-777-6990 415- 777-6992 (fax)
Defendants:

Durabla Manufacturing Company, Inc.

(DURA!
Pacific Gas & Electric Company (PG&E)

McKenna Long & A & Aldridge
101 California
41" Floor
San Francisco, C.
415-267-4000 AS ‘DETA198 (Fax)
Defendants:

Metalelad Insulation Corporation
(METALC)

Perkins Coie LLP

Four Embarcadero Center, Suite 2400
San Francisco, CA 94111
415-344-7000 415-344-7288 (fax)
Defendants:

Honeywell International, Inc. GHONEYW)

Prindle, Kenneth Esq.
310 Golden Share, Fourth Floor
Long Beach, CA 30802
Defendants;

intricon Corporation (INTCOR)

Selman Breitman LLP

33 New Montgomery

6" floor

San Francisco, CA 94105

415-979-0400 415-979-2099 (fax)

Defendants:
ABHI-Crockett, Inc. (ABHI)
Douglass Insulation Company, Inc.

S.-M. Automotive (STMAUT)

Walworth, Franklin, Bevins & MeCall
gol Montgome: Stract 9 9" Bloor
jan Francisco,
2 783-7072 aS 1 6258 (fax)
Defendants:
Oscar E. Erickson, Inc. (OSCAR) »..
Quintec Industries, Inc. (QUINTC)
Thomas Dee Engineering Co., inc. (DEE)

Law Offices of. Na 8a E. Hudgins
$65 Commercial, 4'
San Francisco, CA,
415-979-0100" Aes. 0747 (fax)
Defendants:

‘Uniroyal Holding, Inc. (UNIROY)

Morgen, Lewis & Bockius LLP
farket, Spear afer
San Francisco, C,
415-442-1000" ae. “442-1001 (fax)
Defendants:

Santa Fe Braun, Inc, as Successor-in-
Interest to C.F. Braun, Inc: (CFBRAN)

Pond North, LLP
356 South Grand venue, Suite 2850
Los Angeles, CA 90071
213-617-6170 213-623-3594 (fax)
Defendants:

‘Viacom, Inc. (VIACOM)

Schiff Hardin LLP
One Market Plaza
Spear Street Tower, 37 Floor
San Francisco, CA 94
415-901-8700 a SOL 8701 (fax)
Defendants:
Owens-Illinois, Inc. (OL)

Sonnenschein Nath eRe Rosenthal, LLP
525 Market Street, Floor
San Francisco, cx 3a10s. 2708
415-882-5000 415-882-0300 (fax)
Defendants:

Rapid-American Corporation (RAPID)

Wilson, E Elser, Moskowitz, Edelman &
Dicker LLP.

325 Market Street, 17° Floor

San Francisco, CA 94105-2725
415-433-0990 415-434-1370 (fax)
Defendants:

Asbestos Corporation Limited (ASBLTD)

Run By :
(osu)

Harwood, Jennifer S.

Lewis Brisbots Bisgaard & Smith LLP
‘One Sansome Street
Suite 1400
San Francisco, C,
415-362-2580 Aisatsa-0882 (fax)
Defendants:

{Plant Insulation Company (PLANT)

Nixon Peabody LLP

\¢ Embarcadero
18" Floor
San Francisco, CA 94111
415-984-8200 415-984-8300 (fax)
Defendants:

Ginyster LLC (CHRYS)
Shell Oil Company (SHLOIL)

Pyindle, Decker & Amaro
369 Pine St, Suite $0
San Francisco, CA
415-788-8354 ae See 3625 (fax)
Défendants:
Consolidated Insulation, Inc. (CONSOL)

Sedgwick, Detert, Moran & Arnold
‘One Market Plaza
Steuart T ae g° Foe,

ak FL: "5500. Bee ~2635 (fax)
Defendants;
General Electric Company (GE)

Vasquez, Estrada & Dumont, LLP.
Court! g Square
1000 Fourth eet suite 700
San Rafael, CA 9491
BIg Ass oko 315-453-0549 (fax)
Defendants:

Lamons Gasket Company (LAMONS)EXHIBIT Bwe aN A TH BR YO N

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22

28

BRYDON

Hugo & PARKER,
‘JIS MAINSTHEET
2Or*FLOOR
‘San Francisca, CA 94105

John R. Brydon [Bar No. 083365]
Thomas J. Moses [Bar No. 116002]
Robert L. Oca [Bar No. 216739]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, CA 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

Attorneys for Defendant

BAYER CROPSCIENCE, INC,, succxssor 10
AMCHEM PRODUCTS. INC.

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

CHARLES TOBEY, (ASBESTOS)
Case No, CGC-07-274226
Plaintiff(s), :
vs, DEFENDANT BAYER CROPSCIENCE INC.,
. successor to AMCHEM PRODUCTS, INC.’S
ASBESTOS DEFENDANTS (B*P), -| SPECIAL INTERROGATORIES TO

. PLAINTIFF CHARLES TOBEY - SET ONE
Defendants.

PROPOUNDING PARTY: Defendant BAYER CROPSCIENCE, INC.
successor to AMCHEM PRODUCTS, INC.

RESPONDING PARTY: _ Plaintiff Charles Tobey
SET NUMBER: ONE

Defendant BAYER CROPSCIENCE, INC. successor to AMCHEM PRODUCTS,
INC. (hereinafter referred to as "AMCHEM'") requests that Plaintiff answer these Special
Interrogatories under oath within thirty (30) days, in the manner and form required by
Section 2030.010 of the California Code of Civil Procedure,

In answering these interrogatories, YOU are required to furnish all information that
jis available to YOU.

‘YOU are hereby notified that at the commencement of the trial of this case,
AMCHEM will ask the Court for an order precluding YOU from introducing evidence

1

BAYER CROPSCIENCE INC, SUCCESSOR TO AMCHEM’S SPECIAL INTERROGATORIES TO PLAINTIFF
CHARLES TOBEY ~ SET ONEwe oN Do BF WN eB

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SBP SS © ON DH FF WN BF GD

22

BRYDON
HuGO & PARKER
135 MainStater
70" FLoaR
San Francisco, CA 94105

related to the subject matter of these interrogatories which has not been disclosed by
‘YOUR answers to these interrogatories.
DEFINITIONS

"ASBESTOS-CONTAINING PRODUCTS" as used herein shall mean any goods or
materials allegedly containing asbestos fibers that were manufactured, supplied, sold or
distributed by any PERSON(S).

“(DENTIFY” in the context of ASBESTOS-CONTAINING PRODUCTS as used
herein shall mean to state the brand name, manufacturer, trade name and supplier of the
ASBESTOS-CONTAINING PRODUCTS inquired about.

“IDENTIFY” in the context of a LOCATION as used herein shall mean to state the
specific street address, city, state and zip code.

“IDENTIFY” in the context of PERSON(S) as used herein shall mean to state the
full name, present or last known home address and business addresses, and telephone
numbers.

“IDENTIFY” in the context of WRITINGS as used herein shall mean to state the
title, author, date, addressee, nature [letter, memo, audiotape, ete.], content, and present
LOCATION and custodian of the WRITINGS identified.

“LOCATION(S)” as used herein and hereinafter includes any job site, building,
home, construction site, industrial refinery that YOU allege YOU were exposed to
asbestos. .

“PERSON(S)” as used herein shall mean natural person, firm, association,
organization, partnership, business, trust, corporation, joint venture or public entity, their
agents, employees, representatives, or anyone else acting on their behalf.

“WRITINGS” as used herein and hereinafter shall mean handwriting, typewriting,
printing, photostatting, photographing, and every other means of recording, upon any

tangible thing, any form of communication or representation, including letters, words,

2

BAYER CROPSCIENCE INC. SUCCESSOR TO AMCHEM’S SPECIAL INTERROGATORIES TO PLAINTIFF
CHARLES TOBEY - SET ONEOo aN DR oT FF YW YN SB

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N A @ 8 ON RF OD Oo MW N DHT RF BW NH

28

BRYDON

HUuGo & PARKER
185 MAIN STREET
20" FLOOR
San Francisee, CA 94105

pictures, signs, or symbols, or combinations thereof as defined in California Evidence
Code Section 250. .

“YOU” and “YOUR” as used herein and hereinafter includes plaintiff Charles
Tobey, his attorneys of record, any agents or investigators of said attorneys; and anyone
else acting on plaintiffs’ behalf, as defined by the Judicial Council Form Interrogatories.

, SPECL TORIES
INTERROGATORY NO. 1:

Do YOU contend that YOU were exposed to asbestos from any ASBESTOS-
CONTAINING PRODUCT manufactured or provided by AMCHEM?

. J£ YOU contend that YOU were exposed to asbestos from any ASBESTOS-
CONTAINING PRODUCT manufactured or provided by AMCHEM, please IDENTIFY
each ASBESTOS-CONTAINING PRODUCT. which YOU contend was manufactured or
provided by AMCHEM.

OG. 3:

J£ YOU contend that YOU were exposed to asbestos from any ASBESTOS-
CONTAINING PRODUCT manufactured or provided by AMCHEM, please IDENTIFY
the LOCATION(S) where YOU believe YOU were exposed to each ASBESTOS-
CONTAINING PRODUCT manufactured or provided by AMCHEM.
INTERROGATORY NO. 4:

For each location identified in response to INTERROGATORY NO. 3, please
IDENTIFY the time period during which YOU believe YOU were exposed to each
ASBESTOS-CONTAINING PRODUCT manufactured or provided by AMCHEM.

NTE. TORY NO. 5:

If YOU contend that YOU were exposed to asbestos from any ASBESTOS-
CONTAINING PRODUCT manufactured or provided by AMCHEM, please IDENTIFY
all WRITINGS that support or otherwise relate to YOUR contention.

3

BAYER CROPSCIENCE INC. SUCCESSOR TO AMCHEM'S SPECIAL INTERROGATORIES TO PLAINTIFF
CHARLES TOBEY - SET ONEeo oN DAT PF WN

_
a

1

BRYDON

HUGO & PARKER
135 MAINSTREET
20" FLOOR
"Gon Fronelsco, CA 94305

INTERROGATORY NO. 6:
If YOU contend that YOU were exposed to asbestos from any ASBESTOS-

CONTAINING PRODUCT manufactured or provided by AMCHEM, please IDENTIFY
all PERSONS who have knowledge of any facts supporting YOUR contention.
INTERROGATORY NO. 7:

Do YOU contend that YOU were exposed to asbestos from any ASBESTOS-
CONTAINING PRODUCT manufactured or provided by any other entity for which
YOU contend that AMCHEM has legal responsibility?

INTERROGATORY NO. 8:

If YOU contend that YOU were exposed to asbestos from any ASBESTOS-
CONTAINING PRODUCT manufactured or provided by any other entity for which
YOU contend that AMCHEM has legal responsibility, please IDENTIFY each
ASBESTOS-CONTAINING PRODUCT manufactured or provided by any other entity
for which AMCHEM has legal responsibility.

INTERROGATORY NO. %

If YOU contend that YOU were exposed to asbestos from any ASBESTOS-
CONTAINING PRODUCT manufactured or provided by any other entity for which
YOU contend that AMCHEM has legal responsibility, please IDENTIFY the
LOCATION(S) where YOU believe YOU were exposed to each ASBESTOS-
CONTAINING PRODUCT manufactured or provided by any other entity for which
AMCHEM has legal responsibility.

INTERROGATORY NO. 10:

For each location identified in response to INTERROGATORY NO, 9, please
IDENTIFY the time period during which YOU believe YOU were exposed to each
ASBESTOS-CONTAINING PRODUCT manufactured or provided by any other entity
for which AMCHEM has legal responsibility.

4

BAYER CROPSCIENCE INC. SUCCESSOR TO AMCHEM’S SPECIAL INTERROGATORIES TO PLAINTIFF
CHARLES TOBEY — SET ONEwo ON D