Exhibit,Appendix: GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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DAVID T. BIDERMAN, State Bar No. 101577
dbiderman@perkinscoie.com

BRIEN F. MCMAHON, State Bar No. 66809
bmemahon@perkinscoie.com

ERIC D. SENTLINGER, State Bar No. 215380
esentlinger@perkinscoie.com

PERKINS COIE LLP

Four Embarcadero Center, Suite 2400

San Francisco, CA 94111

Telephone: (415) 344-7000

Facsimile: (415) 344-7288

KEVIN C. MAYER, Bar No. 118177
kmayer@crowell.com

CROWELL & MORING LLP

515 South Flower Street, 40th Floor
Los Angeles, CA 90071

Telephone: (213) 622-4750
Facsimile: (213) 622-2690

Attorneys for Defendant

HONEYWELL INTERNATIONAL INC.,
fil/a AlliedSignal, Inc., Successor-in-Interest to
The Bendix Corporation

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

APR 30 2013

Clerk of the Court
BY: VANESSA WU
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROSITA PIQUE, et al.,
Plaintiffs,
Vv.
DANA COMPANIES, LLC, et. al.,

Defendants.

Case No, CGC-08-274659

EXHIBIT A TO THE DECLARATION OF
ERIC D, SENTLINGER IN SUPPORT OF
MOTION IN LIMINE TO EXCLUDE
TESTIMONY REGARDING PRODUCT
IDENTIFICATION BASED ON HEARSAY

MOTION IN LIMINE NO. 2

Trial Date: April 29, 2013
Time: 9:00 a.m.
Dept.: 613

EXHIBIT TO MIL 2 TO EXCLUDE TESTIMONY RE PRODUCT ID BASED ON HEARSAY

39812-0003.2073/LEGAL26554875.1EXHIBIT A

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

---O00---
GODOFREDO PIQUE,
Plaintiff,
vs. No. 274659

ASBESTOS DEFENDANTS (BP),

Defendants.

DEPOSITION OF GODOFREDO PIQUE
VOLUME Ill
(Pages 307 through 532)

Taken before KIMBERLEY RICHARDSON
CSR No. 5915
JULY 28, 2008Oo o7n Oo oO fF W NY =

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352
through your Social Security records. Did any of
looking through your Social Security records help
refresh your recollection as to any testimony you've
already given in this case?

A. Yes, Before | wanted to clear myself. |
recall when | was working on gas stations, Sheil gas
stations, | not specific on the model of the vehicle on
Cliff Andrews, but | saw Bendix brakes that | installed
on some of the vehicles.

MR. ADAMS: Move to strike as nonresponsive.
No question pending.

MS. CLOWSER: Before we get into the Navy,
which is what | was going to talk about, I'll ask for
any follow-up in the room or on the phone.
EXAMINATION BY MS. SANDGREN:

Q. Sir, how did looking at your Social Security
records refresh your recollection as to the name
Bendix?

A. Well, | recall because | remember. | remember

that | seen boxes of Bendix brand in there.

a. And this was at Cliff Andrews?

A. Yes.

a How many boxes of Bendix did you see at Cliff
Andrews?

A. Quite a few.

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Q And how many is "quite a few"?

A. Roughly about four boxes.

Qa. And where did you see these boxes?

A On the workbench area.

Qa Do you know where these boxes came from?

A That | can't recall.

Qa. Were these boxes ail the same size or different
sizes?

A. Different sizes.

Qa What was the smallest box?

A. | can't recall that.

Qa All right. What was the size of the biggest
box?

A. It's almost the size of a reguiar small pizza
box | recall.

Qa So the biggest box was the size of a pizza box?

A. It's about -- shit, | don't know. It's about
10 by 10.

Q It's 10 inches by 10 inches?

A. Yes.

Q. What was the depth of this box?

A It's about three inches.

Q. And how many of these big boxes did you see?

A. At least about four. I'm sorry, | can recail

saw boxes there, but | see a few boxes.

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Q. And of the four Bendix boxes, how many were the
10 by 10 by 3?
A. [just my calculate is about 10 by 3 is

about -- | can't recall. A few boxes in there.

> Oo PrP DPF DP PP P

Qa.
opening?

A.

Qa.
boxes?

A.

Why were the boxes sitting on the workbench?

It's about ready to install some of the

Did you ever open any of these boxes?

| can't recall.

Did you see anybody else opening these boxes?
Yes.

Who did you see doing that?

Mechanics.

Which one?

Danny.

Is that Danilio's nickname?

Yes.

How many of these boxes did you see him

I can't recall.

And how do you know he was opening the Bendix

It's right there. It's ready — | believe it's

ready to install.

Q

So what were you doing while he was opening

354

Aiken & Welch Court Reporters Godofredo Pique 7/28/2008these boxes? Were you just watching him?

A. | was just inside the shop.

Q Doing what?

A Cleaning the shop | recall.

Qa. So where were you cleaning?

A Cleaning in the install, sweeping, sweeping the
floor.

Q. Was that something that allowed you to see what

work he was doing?

A. Yes. | was in the shop.

Q. Right, but you said you were sweeping.

A. Yes, sweeping, look around.

Qa So you were sweeping and looking around?

A. Yes,

Q. What did the boxes say on them exactly?

A. It's Bendix.

Qa. How do you spell Bendix?

A. B-e-n-d-i-x.

Q. And what else did it say besides the word
"Bendix"?

A. Part numbers.

Qa. Do you remember what the part number was of any

of these boxes?
A. I can't recall.

Qa. Did any of these boxes have the word "asbestos"

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356
written on them?
MS. CHU: Lacks foundation. Calls for
speculation.
THE WITNESS: | can't recall.
BY MS. SANDGREN:

Q. Did any of these boxes have a picture or a logo

or any colors that you associate with them?
MS. CHU: Vague and ambiguous.
THE WITNESS: | can't recall.

BY MS. SANDGREN:

Q. Aside from seeing Danny opening one or more of
these boxes, did you see him doing any work with what
came out of these boxes?

A. Yes. All the time.

Qa Well, I'm just talking about these specific
boxes. What did you see him do with the products or
the parts that came out of them?

A. Taking it out of the box.

Q. All right. How many of these boxes did you see

him actually open and then do something with the

products?
A. At least about two.
Q, All right. And what did you see him do with

what he took out of these two boxes?

A. | can't recall that after that. I'm busy doing

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357

other things.

MS. SANDGREN: All right. Thank you, sir.

MS. CLOWSER: Is there any other follow-up in
the room or on the phone before we start Navy?
EXAMINATION BY MS. CLOWSER:

Q Sir, I've noticed you've been wheezing a lot

this morning and coughing a few times. Do you need to

stop and use your inhaler?

A. No. It takes a little time before it settles
down.
Qa. Would you like to take a little break right now

and sit here and rest before we continue?

A. No. I'm fine.

Q. Now, sir, I'm going to start asking you some
questions about your time in the Navy. Okay? Before |
get into some specifics, ! would like to get an
overview of all of your time in the Navy.

Deo you remember when you first went in the
Navy?
MS. CHU: The date?
MS. CLOWSER: The date.
THE WITNESS: I can't recall. | know the year.
BY MS. CLOWSER:
Qa What year was that?
A. 1968.

Aiken & Welch Court Reporters Godofredo Pique 7/28/2008MS. CHU: Calls for expert testimony.
THE WITNESS: No, | don't know.
BY MS. SANDGREN:
Q. How long did it take Jerry or Gary to use the

compressed air?

A. I can't recall. It just blow it all out.
Qa 20 seconds? 15 seconds?

A. | can't recall.

Q. Less than a minute?

MS. CHU: Vague and ambiguous.

THE WITNESS: I can't recall. He's even uses
compressed air. He even blow the floor like this
(indicating,) and I'm watching him, and | say okay.

This is -- I'm learning.
BY MS. SANDGREN:

Q. Did you ever see Jerry or Gary have to sand,
arc, grind or abrade any new brakes?

A. | can't recall.

Qa. Do you know the brand name or manufacturer or
who supplied any new brakes that the Sunset Scavenger
mechanics installed?

A, I don't know who supplied.

a. Do you know the brand name or manufacturer?
A. Yes.
Q

Who was that? For the new brakes installed.

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A, Yes. | saw it on the box. Bendix.
Q. Now, on your direct examination when your
counsel was asking you questions, you said you didn't
know.
What has refreshed your recollection?
MS. CHU: Misstates testimony.
THE WITNESS; What do you mean I don’t know?
BY MS. SANDGREN:
Qa. You had testified previously when counsel was
asking you about Lube-Rite that you did not recall the
brand name or the manufacturer of the brakes installed.
A. | can't recall it at that time.
Qa What has refreshed your recollection that the
name was Bendix?
A. Because it says there on the box, and | recall
Gary's name. It comes to me.
Qa. Did you ever see any of the Lube-Rite mechanics

using any brake products that were manufactured by

Raybestos?
A. It's not at Lube-Rite.
Q Not at Lube-Rite?
A. Yes. We're just a butler.
Qa. You're just a butler?
A. Yes.
Qa. What does that mean?

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532
STATE OF CALIFORNIA)

) ss.
COUNTY OF ALAMEDA _)

1, KIMBERLEY RICHARDSON, do hereby certify:

That GODOFREDO PIQUE, in the foregoing
deposition named, was present and by me sworn as a
witness in the above-entitled action at the time and
place therein specified;

That said deposition was taken before me at
said time and place, and was taken down in shorthand by
me, a Certified Shorthand Reporter of the State of
California, and was thereafter transcribed into
typewriting, and that the foregoing transcript
constitutes a full, true and correct report of said
deposition and of the proceedings that took place;

IN WITNESS WHEREOF, | have hereunder subscribed
my hand this 11th day of August 2008.

A ici é He l. ben ~
KIMBERLEY RICHARDSO No. 5915 -

State of California

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

—-000---
GODOFREDO PIQUE,
Plaintiff,
vs. No. 274659

ALLIS-CHALMERS, et al.,

Defendants.

DEPOSITION OF GODOFREDO PIQUE
VOLUME IV
(Pages 533 to 640)

Taken before CATHLEEN M. MEUTER
CSR No. 12950
August 13, 2008mo ON DW GF FF WOW DN =

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any of the new head cylinder gaskets that they were
installing on these Ford furniture trucks?

A. I can't recall.

Qa. Sir, do you know the supplier of any of the new

head cylinder gaskets that they installed on the Ford

furniture trucks?
A. No.
Qa is that a no?
A. Yes. | don't know where they supplying it.
Qa. Sir, you previously testified that you saw the

mechanics installing new brakes on the Ford furniture
trucks; is that correct?

A. Furniture trucks.

Q. Okay. Do you know the brand name or
manufacturer of the brakes that they removed from these
trucks?

MS. CHU: Asked and answered.

BY MS. MILANES:

Q. Installed -- I'm sorry. Withdraw that
question.

Sir, do you know the brand name or manufacturer
of the new brakes that they installed on these Ford
furniture trucks?

A. Yes.

a What would that be?

570

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571
A. It's Bendix.
MS. MILANES: | don't think | have any further
questions.
EXAMINATION BY MS. SANDGREN:
Q. Sir, how do you know the new brakes that were

installed were Bendix?

A. | always saw it in the bench. | always asked
them.

Qa. Did you see any packaging that had the word
Bendix on it?

A. Yes.

Qa. What kind of packaging was that?

A. It's in a box.

Qa. How many Bendix boxes did you see?

A. At that time, it's a set of two.

Q. Okay. And I'm talking about all of these
furniture trucks.

How many boxes of Bendix parts did you see
total?

MS. CHU: Overbroad.

THE WITNESS: At the time, it's two boxes.
BY MS. SANDGREN:

Q And what size were these boxes?
A. It's a big box.
Q. Can you give me dimensions?

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A. About -- it's bigger than this laptop here
(indicating).
Q. Can you give me that in inches, just because

she can't write down that description?

A. Maybe about 12 by 12.

Qa 12 inches by 12 inches?

A. Yeah.

Q. Okay. Were both of these boxes the same
dimensions?

A. Yes.

Q. And did the boxes have any colors or logos or

pictures on them?

A. Logo, yes. It says Bendix.

Q. How do you spell that?

A. B-e-n-d-i-x.

Qa. Was that any particular color?

A. | can't recall.

Q. Do you recall how the name Bendix was written?

Was it script or block lettering?
MS. CHU: Vague and ambiguous.
THE WITNESS: It's a big lettering on the box.
BY MS. SANDGREN:
Q. All right. And do you have any idea where
these Bendix boxes came from?

A. No.

572

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STATE OF CALIFORNIA )

)
COUNTY OF ALAMEDA _)

1, CATHLEEN M. MEUTER, do hereby certify:

That GODOFREDO PIQUE, in the foregoing deposition
named, was present and previously sworn as a witness in
the above-entitled action at the time and place therein
specified;

That said deposition was taken before me at said
time and place, and was taken down in shorthand by me,
a Certified Shorthand Reporter of the State of
California, and was thereafter transcribed into
typewriting, and that the foregoing transcript
constitutes a full, true and correct report of said
deposition and of the proceedings that took place;

IN WITNESS WHEREOF, | have hereunder subscribed my
hand this 5th day of September 2008.

Coctng Mouke”
CATHLEEN M. MEUTER, CSR No: 12950
State of California

640

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