Motion-Secondary: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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ONE SANSOME STREET, SUITE 1400
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE (415) 362-2580

LEwis BRISBOIS BISGAARD & SMITH LLP
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LEWIS BRISBOIS BISGAARD & SMITH LLP
CAMILLE K. FONG, SB# 113123

E-Mail: fonge@Ibbslaw.com ELECTRONICALLY
ALEXANDRA M. OZOLS, SB# 202604
E-Mail: ozols@Jbbslaw.com FILED
One Sansome Street, Suite 1400 Superior Court of California,
San Francisco, California 94104 County of San Francisco
Telephone: (415) 362-2580 MAY 18 2011
Facsumile: (415) 434-0882 Clerk of the Court
BY: WILLIAM TRUPEK
Attorneys for Defendant Deputy Clerk
AMERICAN HONDA MOTOR COMPANY, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
RUFUS ALEXANDER, CASE NO. CGC-08-274719
Plaintiff, DECLARATION OF ALEXANDRA M,
OZOLS IN SUPPORT OF DEFENDANT
v. AMERICAN HONDA MOTOR COMPANY,
INC.’S MEMORANDUM OF POINTS AND
ASBESTOS DEFENDANTS (B&P), et al., AUTHORITIES IN SUPPORT OF AN

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) ORDER COMPELLING PLAINTIFF'S
Defendants. ) RESPONSES TO FORM

) INTERROGATORIES, SPECIAL

) INTERROGATORIES, AND REQUEST
) FOR PRODUCTION OF DOCUMENTS
) AND HAVING SUBJECT MATTER OF
) REQUEST FOR ADMISSIONS DEEMED
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ADMITTED AND FOR SANCTIONS

[Filed concurrently with Memorandum of Points
and Authorities, Notice of Motion; and
[Proposed] Order|

Hearing Date: June 21,2011

Time: 9:00 a.m.

Dept. 220

Judge: The Hon. Harold Kahn

Action Filed: July 1, 2008
Trial Date: None set.

I, Alexandra M. Ozols, Esq., declare as follows:

4817-4646-9641.1 1

DECLARATION OF ALEXANDRA M. OZOLS IN SUPPORT OF MOTION FOR AN ORDER COMPELLING
PLAINTIFF’S RESPONSESLEwis BRISBOIS BISGAARD & SMITH LLP
ONE SANSOME STREET, SUITE 1400
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE (415) 362-2580

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1. Iam anattorney duly licensed to practice before all of the courts of the State of California
and am an associate at Lewis Brisbois Bisgaard & Smith, LLP, attorneys of record for Defendant
AMERICAN HONDA MOTOR COMPANY, INC. This declaration is made in support of Defendant
*s Motion to Strike Portions of the First Amended Complaint. The facts contained in this declaration
are based on my own personal knowledge and from my review of and familiarity with this file.

2. On March 16, 2011, Defendant served discovery on Plaintiff via US Mail at the address
listed on the Court’s Register of Actions as Mr. Alexander’s home address. Attached hereto as Exhibit
A is a true and correct copy of the Special Interrogatories, Form Interrogatories, a Request for
Admissions, and a Request for Production of Documents.

3. This discovery is essential to Defendant’s ability to mount a defense in this case.
Defendant served legitimate discovery seeking to ascertain what facts, witnesses and documents Plaintiff
is relying on to support his liability claims. Almost three years into this case, Defendant has little more
than vague allegations from Plaintiff concerning its alleged liability.

4, Plaintiff provided no responses to Defendant’s Special Interrogatories, Form
Interrogatories, Request for Admissions, and a Request for Production of Documents, nor did Plaintiff
tequest an extension of time in which to serve responses.

5. Defendant attempted to meet and confer with Plaintiff on the outstanding responses
with a letter sent to Plaintiff’s home address on May 3, 2011. Attached hereto as Exhibit B is a true
and correct copy of the letter mailed to Plaintiff.

6. Some two weeks later, Plaintiff has not responded to this meet and confer effort.

7. Plaintiff responded in any form to Defendant’s Special Interrogatories, Form
Interrogatories, a Request for Admissions, and a Request for Production of Documents.

8. Defendant’s counsel has spent two and a half (2.5) hours preparing the documents related
to this motion to compel.

9. Additionally, Defendant’s counsel anticipates that four (4) hours will be spent reviewing
Plaintiff’s opposition, preparing a reply, and appearing at the hearing on the motion.

10. Defendant’s counsel’s billing rate for this matter is $190 an hour.

4817-4646-9641.1 2

DECLARATION OF ALEXANDRA M. OZOLS IN SUPPORT OF MOTION FOR AN ORDER COMPELLING
PLAINTIFF’S RESPONSESSAN FRANCISCO, CALIFORNIA 94104
TELEPHONE (415) 382-2580

Lewis BRISBOIS BISGAARD & SMITH LLP
ONE SANSOME STREET, SUITE 1400

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I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct of my own knowledge. If called as a witness I would and could competently testify

thereto. This declaration is executed this 17th” day of May 2011 at San Fragtisco, California.

. OZOLS

4817-4646-9641.1 3

DECLARATION OF ALEXANDRA M. OZOLS IN SUPPORT OF MOTION FOR AN ORDER COMPELLING
PLAINTIFF’S RESPONSESEXHIBIT AATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Bar nomber, and adoress):
ILLE K. FONG, SBN 113123

ALEXANDRA M. OZOLS, SBN 202604

EWIS BRISBOIS BISGAARD & SMITH

One Sansome Street

San Francisco, CA 94104

TELEPHONENO: 415~362-2580

FAX NO. (Optonay: 415~434-0882

E-MAIL ADDRESS (Optional:

ATTORNEY FOR Wang: Defendant AMERICAN HONDA MOTOR CO., INC.

(28S
-DISC-001

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
SAN FRANCISCO COUNTY SUPERIOR COURT
Civil

SHORT TITLE OF CASE: RUFUS ALEXANDER v ASBESTOS DEFENDANTS, ET AL.

Answering Party: Plaintiff, RUFUS ALEXANDER
SetNo.: ONE

FORM INTERROGATORIES—GENERAL
Asking Party: Defendant AMERICAN HONDA MOTOR CO., INC.

CASE NUMBER:
CGC-08-274719

Sec. 1, Instructions to All Parties

(a) Interrogatories are written questions prepared by a party
to an action that are sent to any other party in the action to be
answered under oath, The interrogatories below are form
interrogatories approved for use in civil cases.

(b) For time limitations, requirements for service on other
parties, and other details, see Code of Civil Procedure
sections 2030.010-2030,410 and the cases construing those
sections.

(c) These form interrogatories do not change existing law
relating to interrogatories nor do they affect an answering
party's right to assert any privilege or make any objection.
Sec. 2. Instructions to the Asking Party

(a) These interrogatories are designed for optional use by
parties in unlimited civil cases where the amount demanded
exceeds $25,000. Separate interrogatories, Form
Interrogatories—Limited Civil Cases (Economic Litigation)
(form DISC-004), which have no subparts, are designed for
use in limited civil cases where the amount demanded is
$25,000 or less; however, those interrogatories may also be
used in unlimited civil cases.

{b) Check the box next to each interrogatory that you want
the answering party to answer. Use care in choosing those
interrogatories that are applicable to the case.

(c) You may insert your own definition of INCIDENT in
Section 4, but only where the action arises from a course of
conduct or a series of events occurring over a period of time.
(d) The interrogatories in section 16.0, Defendant's
Contentions—Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an
investigation or discovery of plaintiff's injuries and damages.
(e) Additional interrogatories may be attached.

Sec. 3. Instructions to the Answering Party

, (a) An answer or other appropriate response must be
given to each interrogatory checked by the asking party.

: (b) As a general rule, within 30 days after you are served

i with these interrogatories, you must serve your responses on
the asking party and serve copies of your responses on ail

i other parties to the action who have appeared. See Cade of
Civil Procedure sections 2030.260--2030.270 for details.

{c) Each answer must be as complete and straightforward
as the information reasonably available to you, including the
information possessed by your attorneys or agents, permits. If
an interrogatory cannot be answered completely, answer it to
the extent possible.
(d) If you do not have enough personal knowledge to fully
answer an interrogatory, say so, but make a reasonable and
good faith effort to get the information by asking other persons
or organizations, unless the information is equally available to
the asking party. _
(e} Whenever an interrogatory may be answered by
teferring to a document, the document may be attached as an
exhibit to the response and referred to in the response. If the
document has more than one page, refer to the page and
section where the answer to the interrogatory can be found.
(f} Whenever an address and felephone number for the
‘same person are requested in more than one interrogatory,
you are required to furnish them in answering only the first
interrogatory asking for that information.
(g) If you are asserting a privilege or making an objection to
an interrogatory, you must specifically assert the privilege or
state the objection in your written response.
(h) Your answers to these interrogatories must be verified,
dated, and signed. You may wish to use the following form at
the end of your answers:

1 declare under penalty of perjury under the laws of the
State of California that the foregoing answers are true and
correct.

DATE} (SIGNATURE)

Sec. 4, Definitions

Words in BOLDFACE CAPITALS in these interrogatories
are defined as follows:

(a) (Check one of the foliowing):
(1) INCIDENT includes the circumstances and
events surrounding the alleged accident, injury, or
other occurrence or breach of contract giving rise to
this action or proceeding.

Page tof 8

Form Approved for Optional Use
Judicial Council of California
8C-00% [Rev. January 1, 2008)

FORM INTERROGATORIES—GENERAL soktifns
fe

‘Code of Givl Procedure,
$8 2030.010-2030,410, 2033.710

0324) 003[J (2) INCIDENT means (insert your definition here or
on a separate, attached sheet labeled “Sec.
4(a)(2)"): ,

{b) YOU OR ANYONE ACTING ON YOUR BEHALF
includes you, your agents, your employees, your insurance
companies, their agents, their employees, your attomeys, your
accountants, your investigators, and anyone else acting on
your behalf.

(c) PERSON includes a natural person, firm, association,
organization, partnership, business, trust, limited liability
company, corporation, or public entity.

(d) DOCUMENT means a writing, as defined in Evidence
Code section 250, and includes the original or a copy of
handwriting, typewriting, printing, photostats, photographs,
electronically stored information, and every ather means of
recording upon any tangible thing and form of communicating
or representation, including letters, words, pictures, sounds, or
symbols, or combinations of them.

{e) HEALTH CARE PROVIDER includes any PERSON
teferred to in Code of Civil Procedure section 667.7(e)(3).

(f) ADDRESS means the street address, including the city,
state, and zip code.

Sec. 5. Interrogatories
The following interrogatories have been approved by the

Judicial Council under Code of Civil Procedure section 2033.710:

CONTENTS

1.0 Identity of Persons Answering These Interrogatories
2.0 General Background Information—individual

3.0 General Background Information—Business Entity
4.0 Insurance

5.0 [Reserved]

6.0 Physical, Mental, or Emotional Injuries

7.0 Property Damage

8.0 Loss of Income or Earning Capacity

9.0 Other Damages

10.0 Medical History

11.0 Other Claims and Previous Claims

12.0 Investigation — General

13.0 Investigation — Surveillance

14.0 Statutory or Regulatory Violations

15.0 Denials and Special or Affirmative Defenses

16.0 Defendant's Contentions Personal Injury

17.0 Responses to Request for Admissions

18.0 [Reserved]

19.0 [Reserved]

20.0 How the Incident Occurred—Motor Vehicle

25.0 (Reserved)

30.0 [Reserved]

40.0 [Reserved]

50.0 Contract

60.0 {Reserved}

70.0 Unlawtul Detainer [See separate form DISC-003}
101.0 Economic Litigation [See separate form DISC-004]
200.0 Employment Law [See separate form DISC-002]

Family Law [See separate form FL-145}

DISC-001 (Rev, January +, 2008]

FORM INTERROGATORIES—GENERAL

DISC-001
1.0 Identity of Persons Answering These Interrogatories

1.1 State the name, ADDRESS, telephone number, and
relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)

2.0 General Background Information—individual

2.1 State:

(a) your name;

(b) every name you have used in the past; and

(c) the dates you used each name.

2.2 State the date and place of your birth.

2.3 At the time of the INCIDENT, did you have a driver's
license? If so, state:

(a) the state or other issuing entity;

{b) the license number and type;

(c) the date of issuance; and

(d) ail restrictions,

2.4 At the time of the INCIDENT, did you have any other
permit or license for the operation of a motor vehicle? If so,
state:

{a) the state or other issuing entity;

(b) the license number and type;

(c) the date of issuance; and

(d) all restrictions.

2.5 State:

(a) your present residence ADDRESS;

(b) your residence ADDRESSES for the past five years; and
(c) the dates you lived at each ADDRESS.

2.6 State:

(a) the name, ADDRESS, and telephone number of your
present employer or place of self-employment; and

{b) the name, ADDRESS, dates of employment, job title,
and nature of work for each employer or
self-employment you have had from five years before
the INCIDENT until today.

() 2,7 State:

{a) the name and ADDRESS of each school or other
academic or vocational institution you have attended,
beginning with high school;

(b) the dates you attended;

(c) the highest grade level you have completed; and

(d) the degrees received.

2.8 Have you ever been convicted of a felony? If so, for
each conviction state:

{a) the city and state where you were convicted;

(b) the date of conviction;

(c) the offense; and

(d) the court and case number.

[) 2.9 Can you speak English with ease? If not, what
language and dialect do you normally use?

(J 2.10 Can you read and write English with ease? If not, what
language and dialect de you normally use?

Page 2 of 82.11 At the time of the INCIDENT were you acting as an

agent or employee for any PERSON? I so, state:

(a) the name, ADDRESS, and telephone number of that
PERSON: and

(b) a description of your duties,

2.12 At the time of the INCIDENT did you or any. other

person have any physical, emotional, or mental disability or

condition that may have contributed to the occurrence of the

INCIDENT? If so, for each person state:

(a) the name, ADDRESS, and telephone number;

{b) the nature of the disability or condition; and

{c) the manner in which the disability or condition
contributed to the occurrence of the INCIDENT.

2.13 Within 24 hours before the INCIDENT did you or any

person involved in the INCIDENT use or take any of the

following substances: alcoholic beverage, marijuana, or
other drug or medication of any kind (prescription or not)? If

80, for each person state:

(a) the name, ADDRESS, and telephone number;

(b) the nature or description of each substance;

(c) the quantity of each substance used or taken;

(d) the date and time of day when each substance was used
or taken;

(e) the ADDRESS where each subsiance was used or
taken;

(f) the name, ADDRESS, and telephone number of each
person who was present when each substance was used
or taken; and

{g) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who prescribed or fumished
the substance and the condition for which it was
prescribed or furnished.

3.0 General Background Information — Business Entity

3.1 Are you a corporation? if so, state:

(a) the name stated in the current articles of incorporation;

(b) all other names used by the corporation during the past
10 years and the dates each was used;

(c)_ the date and place of incorporation;

(d) the ADDRESS of the principal place of business; and

(e) whether you are qualified to do business in California,

3.2 Are you a partnership? If so, state:

(a) _ the current partnership name;

(b) all other names used by the partnership during the past
10 years and the dates each was used;

(¢) whether you are a limited partnership and, if so, under
the laws of what jurisdiction;

({d) the name and ADDRESS of each general partner, and

(e) the ADDRESS of the principal place of business.

3.3 Are you a limited liability company? If so, state:

(a) the name stated in the current articles of organization;

(b) all other names used by the company during the past 10
years and the date each was used;

(c) the date and place of filing of the articles of organization;

(d) the ADDRESS of the principal place of business; and

(e€) whether you are qualified to do business in Califomia,

4.0

5.0
6.0

DISC-001
3.4 Are you a joint venture? If so, state:
{a} the current joint venture name;
{b} all other names used by the joint venture during the
past 10 years and the dates each was used;
(c) the name and ADDRESS of each joint venturer; and
({d} the ADDRESS of the principal place of business.

3.5 Are you an unincorporated association?

If so, state:

{a) the current unincorporated association name;

{b) all other names used by the unincorporated association
during the past 10 years and the dates each was used;
and

(c) the ADDRESS of the principal place of business.

3.6 Have you done business under a fictitious name during
the past 10 years? If so, for each fictitious name state:

{a) the name; :

(b) the dates each was used;

(c) the state and county of each fictitious name filing; and
(d) the ADDRESS of the principal place of business.

3.7 Within the past five years has any public entity regis-
tered or licensed your business? If so, for each license or
registration:

(a) identify the license or registration;

(b) state the name of the public entity; and

(c) state the dates of issuance and expiration.

Insurance

4.1_At the time of the INCIDENT, was there in effect any

policy of insurance through which you were or might be

insured in any manner (for example, primary, pro-rata, or
excess llability coverage or medical expense coverage) for
the damages, claims, or actions that have arisen out of the

INCIDENT? If so, for each policy state:

{a) the kind of coverage;

{b) the name and ADDRESS of the insurance company;

(c) the name, ADDRESS, and telephone number of each
named insured;

(d) the policy number;

(e) the limits of coverage for each type of coverage con-
tained in the policy;

(f) whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
company; and

(g) the name, ADDRESS, and telephone number of the
custodian of the policy.

[__] 4.2 Are you self-insured under any statute for the damages,

claims, or actions that have arisen out of the INCIDENT? If
so, specify the statute.

[Reserved]
Physical, Menta, or Emotional Injuries

6.1 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (if your answer is "no," do not
answer interrogatories 6.2 through 6.7).

6.2. Identify each injury you attribute to the INCIDENT and
the area of your body .

DISC-001 [Rev. January 1, 2008]

FORM INTERROGATORIES—-GENERAL

Pago 3 of 86.3 Do you still have any complaints that you attribute to
the INCIDENT? if so, for each complaint state:

(a) a description;

{b) whether the complaint is subsiding, remaining the same,
or becoming worse; and

(c) the frequency and duration.

6.4Did you receive any consultation or examination

(except from expert witnesses covered by Code of Civil

Procedure sections 2034.210-2034.310) or treatment from a

HEALTH CARE PROVIDER for any injury you attribute to

the INCIDENT? If so, for each HEALTH CARE PROVIDER

state:

{a) the name, ADDRESS, and telephone number,

(b) the type of consultation, examination, or treatment
provided;

(c) the dates you received consultation, examination, or
treatment; and

(a) the charges to date.

[| 6.5 Have you taken any medication, prescribed or not, as a
result of injuries that you attribute to the INCIDENT? If so,
for each medication state:

(a) the name;

(b) the PERSON whe prescribed or furnished it;

(c) the date it was prescribed or fumished;

(d) the dates you began and stopped taking it; and

(e) the cost to date.

6.6 Are there any other medical services necessitated by
the injuries that you attribute to the INCIDENT that were not
previously listed (for example, ambulance, nursing,
prosthetics)? If so, for each service state:
(@) the nature;
{b) the date;
(c) the cost; and
(d) the name, ADDRESS, and telephone number

of each provider.

(] 6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries
that you attribute to the INCIDENT? If so, for each injury
state: -

(a) the name and ADDRESS of each HEALTH CARE
PROVIDER;

(b) the complaints for which the treatment was advised; and

(c) the nature, duration, and estimated cost of the treatment.
treatment.

7.0 Property Damage

7.1 Do you attribute any loss of or damage to a vehicle or

other property to the INCIDENT? if so, for each item of

property:

{a) describe the property;

(b) describe the nature and location of the damage to the
property;

DISC-001

(c) state the amount of damage you are claiming for each

item of property and how the amount was calculated; and

(d) if the property was sold, state the name, ADDRESS, and

telephone number of the seller, the date of sale, and the
sale price.

7.2 Has a written estimate or evaluation been made for any

item of property referred to in your answer to the preceding

interrogatory? If so, for each estimate or evaluation state:

(a) the name, ADDRESS, and telephone number of the
PERSON who prepared it and the date prepared;

(b) the name, ADDRESS, and telephone number of each
PERSON who has a copy of it; and

(c) the amount of damage stated.

7.3 Has any item of property referred to in your answer to

interrogatory 7.1 been repaired? If so, for each item state:

(a) the date repaired;

(b) a description of the repair;

(c) the repair cost;

{d) the name, ADDRESS, and telephone number of the
PERSON who repaired it;

{e) the name, ADDRESS, and telephone number of the
PERSON who paid for the repair.

Loss of Income or Earning Capacity

8.1 Do you attribute any loss of income or eaming capacity
to the INCIDENT? (if your answer is “no,” do not answer
interrogatories 8,2 through 8.8).

8.2 State:

(a) the nature of your work;

(b) your job title at the time of the INCIDENT; and

(c) the date your employment began.
8.3 State the last date before the INCIDENT that you
worked for compensation.

8.4 State your monthly income at the time of the INCIDENT
and how the amount was calculated.

8.5 State the date you retumed to work at each place of
employment following the INCIDENT.

8.6 State the dates you did not work and for which you lost
income as a result of the INCIDENT.

8.7 State the total income you have lost to date as a result
of the INCIDENT and how the amount was calculated.

8.8 Will you lose income in the future as a result of the
INCIDENT? If so, state:

(a) the facts upon which you base this contention;

{b) an estimate of the amount;

{c) an estimate of how long you will be unable to work; and
(d)} how the claim for future income is calculated.

DISC-001 [Rev. Jaruary 1, 2008] FORM INTERROGATORIES—GENERAL9.0 Other Damages

9.1 Are there any other damages that you attribute to the

INCIDENT? If so, for each item of damage state:

{a) the nature;

(b) the date it occurred:

(c) the amount; and

(d) the name, ADDRESS, and telephone number of each
PERSON to whom an obligation was incurred.

9.2 Do any DOCUMENTS support the existence or amount
of any item of damages claimed in interrogatory 9.1? !f so,
describe each document and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT.

10.0 Medical History

10.1 At any time before the INCIDENT did you have com-

plaints or injuries that involved the same part of your body

claimed to have been injured in the INCIDENT? [f so, for

each state:

(a) a description of the complaint or injury;

(b) the dates it began and ended; and

{c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or
who examined or treated you,

10.2 List all physical, mental, and emotional disabilities you

had immediately before the INCIDENT. (You may omit
mental or emotional disabilities unless you attribute any
mental or emotional injury to the INCIDENT.)

10.3 At any time after the INCIDENT, did you sustain

injuries of the kind for which you are now claiming

garages? If se, for each incident giving rise to an injury

state:

(a) the date and the place it occurred;

(b) the name, ADDRESS, and telephone number of any
other PERSON involved;

(c) the nature of any injuries you sustained;

(d) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER who you consulted or who
examined or treated you; and

(e) the nature of the treatment and its duration.

41.0 Other Claims and Previous Claims

11.1 Except for this action, in the past 10 years have you

filed an action or made a written claim or demand for

compensation for your personal injuries? If so, for each
action, claim, or demand state:

(a) the date, time, and place and location (closest street
ADDRESS or intersection) of the INCIDENT giving rise
to the action, claim, or demand;

(b) the name, ADDRESS, and telephone number of each
PERSON against whom the claim or demand was made
or the action filed;

DISC-001 (Rev. January 1, 2008)

Co

12.0

FORM INTERROGATORIES—GENERAL

DISC-001

(c) the court, names of the parties, and case number of any
action filed;

(d) the name, ADDRESS, and telephone number of any
attomey representing you;

(e) whether the claim or action has been resolved or is
pending; and

(f} a description of the injury.

11,2 In the past 10 years have you made a written claim or

demand for workers’ compensation benefits? If so, for each

claim or demand state:

(a) the date, time, and place of the INCIDENT giving rise to
the claim;

{b) the name, ADDRESS, and telephone number of your
employer at the time of the injury;

(c) the name, ADDRESS, and telephone number of the
workers’ compensation insurer and the claim number;

({d) the period of time during which you received workers’
compensation benefits;

(e) a description of the injury:

(f) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who provided services; and

(g) the case number at the Workers' Compensation Appeals
Board.

Investigation—General

12.1 State the name, ADDRESS, and telephone number of

gach individual:

(a) who witnessed the INCIDENT or the events occurring
immediately before or after the INCIDENT;

(b) who made any statement at the scene of the INCIDENT;

{c) who heard any statements made about the INCIDENT by
any individual at the scene; and

(d) who YOU OR ANYONE ACTING ON YOUR BEHALF
claim has knowledge of the INCIDENT (except for
expert witnesses covered by Code of Civil Procedure
section 2034).

12.2 Have YOU OR ANYONE ACTING ON YOUR

BEHALF interviewed any individual conceming the

INCIDENT? if so, for each individual state:

(a) the name, ADDRESS, and telephone number of the
individual interviewed;

(b) the date of the interview; and

(c} the name, ADDRESS, and. telephone number of the
PERSON who conducted the interview.

12.3 Have YOU OR ANYONE ACTING ON YOUR

BEHALF obtained a written or recorded statement from any

individual concerning the INCIDENT? If so, for each

statement state:

(a) the name, ADDRESS, and telephone number of the
individual from whom the statement was obtained;

(b) the name, ADDRESS, and telephone number of the
individual who obtained the statement;

(c) the date the statement was obtained; and

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.

Pago Sof 812.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF
know of any photographs, films, or videotapes depicting any
place, object, or individual concerning the INCIDENT or
plaintiff's injuries? tf so, state:

{a) the number of photographs or feet of film or videotape;

(b) the places, objects, or persons photographed, filmed, or
videotaped;

(c) the date the photographs, films, or videotapes were
taken;

(d) the name, ADDRESS, and telephone number of the
individual taking the photographs, films, or videotapes;
and

{e) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the
photographs, films, or videotapes.

12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF

know of any diagram, reproduction, or model of any place or

thing (except for items developed by expert witnesses

covered by Code of Civil Procedure sections 2034.210-

2034.310) conceming the INCIDENT? If so, for each item

state:

(a) the type (i.e., diagram, reproduction, or model);

(b) the subject matter; and

(c) the name, ADDRESS, and telephone number of each
PERSON who has it.

cy 12.6 Was a report made by any PERSON conceming the

INCIDENT? If so, state:

{a) the name, title, identification number, and employer of
the PERSON who made the report;

(b) the date and type of report made; .

(c) the name, ADDRESS, and telephone number of the
PERSON for whom the report was made; and

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the report.

13.0

12.7 Have YOU OR ANYONE ACTING ON YOUR
BEHALF inspected the scene of the INCIDENT? If so, for
each inspection state:

{a) the name, ADDRESS, and telephone number of the
individual making the inspection (except for expert
witnesses covered by Code of Civil Procedure sections
2034.210-2034.310); and

(b) the date of the inspection.

Investigation—Surveillance

13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF

conducted surveillance of any individual involved in the

INCIDENT or any party to this action? If so, for each sur-

veillance state:

(a) the name, ADDRESS, and telephone number of the
individual or party;

{b) the time, date, and place of the surveillance;

(c} the name, ADDRESS, and telephone number of the
individual who conducted the surveillance; and

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of any
surveillance photograph, film, or videotape.

DISC-001 fRev. January 1, 2008]

14.0

15.0

16.0

DISC-001
13.2 Has a written report been prepared on the
surveillance? Sf so, for each written report state:
(a) the title:
(b) the date;
(c) the name, ADDRESS, and telephone number of the
individual who prepared the report; and
(d) the name, ADDRESS, anc telephone number of each
PERSON who has the original or a copy.

Statutory or Regulatory Violations

14.1. Do YOU OR ANYONE ACTING ON YOUR BEHALF
contend that any PERSON involved in the INCIDENT
violated any statute, ordinance, or regulation and that the
violation was a legal (proximate) cause of the INCIDENT? if
‘80, identify the name, ADDRESS, and telephone number of
each PERSON and the statute, ordinance, or regulation that
was violated.

14.2 Was any PERSON cited or charged with a violation of

any statute, ordinance, or regulation as a result of this

INCIDENT? If so, for each PERSON state:

(a) the name, ADDRESS, and telephone number of the
PERSON;

(b) the statute, ordinance, or regulation allegedly violated;

(c) whether the PERSON entered a plea in response to the
citation or charge and, if so, the plea entered; and

(d) the name and ADDRESS of the court or administrative
agency, names of the parties, and case number.

Denials and Special or Affirmative Defenses

15.1 Identify each denial of a material allegation and each
special or affirmative defense in your pleadings and for
each: :

(a) state all facts upon which you base the denial or special
or affirmative defense;

(b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and

(c) identify all DOCUMENTS and other tangible things that
support your denial or special or affirmative defense, and
state the name, ADDRESS, and telephone number of
the PERSON who has each DOCUMENT.

Defendant's Contentions—Personal Injury

16.1 Do you contend that any PERSON, other than you or

plaintiff, contributed to the occurrence of the INCIDENT or

the injuries or damages claimed by plaintiff? If so, for each

PERSON:

{a) state the name, ADDRESS, and telephone number of
the PERSON;

(b) state all facts upon which you base your contention;

{c) state the names, ADDRESSES, and telephone numbers
of ail PERSONS who have knowledge of the facts; and

(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

16.2 Do you contend that plaintiff was not injured in the

INCIDENT? If so:

(a) state ali facts upon which you base your contention;

(b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowedge of the facts; and

(c) identify all DOCUMENTS and other tangible things that
‘support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each

FORM INTERROGATORIES—GENERAL

Page 6 of 816.3. Do you contend that the injuries or the extent of the

injuries claimed by plaintiff as disclosed in “discovery

proceedings thus far in this case were not caused by the

INCIDENT? If so, for each injury:

(a) identify it;

(b) state all facts upon which you base your contention;

(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and

(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

16.4 Do you contend that any of the services furnished by

any HEALTH CARE PROVIDER claimed by plaintiff in

discovery proceedings thus far in this case were not due to

the INCIDENT? If so:

(a) identify each service;

{b) state all facts upon which you base your contention;

{c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and

(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

[_]16.5 Do you contend that any of the costs of services
furnished by any HEALTH CARE PROVIDER claimed as
damages by plaintiff in discovery proceedings thus far in
this case were not necessary or unreasonable? If so:

{a) identify each cost,

(b) state all facts upon which you base your contention;

(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and

(d) identify all DOCUMENTS and other tangible things that
‘support your contention and slate the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing. -

[116.6 Do you contend that any part of the loss of earnings or
income claimed by plaintiff in discovery proceedings thus far
in this case was unreasonable or was not caused by the
INCIDENT? If so:

(a) identify each part of the loss;

(b) state all facts upon which you base your contention;

(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and

(d) identify all DOCUMENTS and other tangible things that
‘support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

16.7 Do you contend that any of the property damage

claimed by plaintiff in discovery Proceedings thus far in this

case was not caused by the INCIDENT? If so:

(a) identify each item of property damage;

(b) state all facts upon which you base your contention;

(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowtedge of the facts; and

(d) identify ali DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

17.0

18.0
19.0

20.0

DISC-001
16.8 Do you contend that any of the costs of repairing the
property damage claimed by plaintiff in discovery
proceedings thus far in this case were unreasonable? Hf so:
{a) identify each cost item;
(b) state all facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF

have any DOCUMENT (for example, insurance bureau

index reports) conceming claims for personal injuries made

before or after the INCIDENT by a plaintiff in this case? If

so, for each plaintiff state:

(a) the source of each DOCUMENT;

(b) the date each claim arose;

(c) the nature of each claim; and

(d) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.

16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF

have any DOCUMENT concerning the past or present

physical, mental, or emotional condition of any plaintiff in

this case from a HEALTH CARE PROVIDER not previously

identified (except for expert witnesses covered by Code of

Civil Procedure sections 2034.210-2034.310)? If so, for

each plaintiff state:

(a) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER;

(b) a description of each DOCUMENT; and

(c) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.

Responses to Request for Admissions

17.1 Is your response to each request for admission served
with these interrogatories an unqualified admission? If not,
for each response that is not an unqualified admission:

(a) state the number of the request;

(b) state all facts upon which you base your response;

(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and

(d) identify all DOCUMENTS and other tangible things that
support your response and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

[Reserved]

[Reserved]

How the Incident Occurred—Motor Vehicte

20.1 State the date, time, and place of the INCIDENT
(closest street ADDRESS or intersection).

20.2 For each vehicle involved in the INCIDENT, state:

(a) the year, make, model, and license number;

(b) the name, ADDRESS, and telephone number of the
driver,

DISC-001 [Rev. January 1, 20081

FORM INTERROGATORIES—GENERAL

PagaT of 8{c} the name, ADDRESS, and telephone number of each
occupant other than the driver,

{d) the name, ADDRESS, and telephone number of each
registered owner;

(e) the name, ADDRESS, and telephone number of each
lessee;

(f) the name, ADDRESS, and telephone number of each
owner other than the registered owner or lien holder:
and

(g) the name of each owner who gave permission or
consent to the driver to operate the vehicle.

20.3 State the ADDRESS and location where your tip

bagan and the ADDRESS and location of your destination.

20.4 Describe the route that you followed from the

beginning of your trip to the location of the INCIDENT, and
state the Iqcation of each stop, other than routine traffic
stops, during the trip leading up to the INCIDENT.

20.5 State the name of the street or roadway, the lane of
travel, and the direction of travel of each vehicle involved in
the INCIDENT for the 500 feet of travel before the
INCIDENT.

20.6 Did the INCIDENT occur at an intersection? If so,

describe all traffic control devices, signals, or signs at the
intersection,

20.7 Was there a traffic signal facing you at the time of the

INCIDENT? If so, state:

(a) your location when you first saw it;

(b) the color;

(c) the number of seconds it had been that color, and

(d) whether the color changed between the time you first
‘saw it and the INCIDENT.

20.8 State how the INCIDENT occurred, giving the speed,

direction, and location of each vehicle involved:
(a) just before the INCIDENT;

{b) at the time of the INCIDENT; and

(c) just after the INCIDENT,

20.9 Do you have information that a malfunction or defect in

avehicle caused the INCIDENT? If so:

(a) identify the vehicle;

{b) Identify each malfunction or defect;

{c) state the name, ADDRESS, and telephone number of
each PERSON who is a witness to or has information
about each matfunction or defect; and

(d) state the name, ADDRESS, and telephone number of
each PERSON who has custody of each defective part.

20.10 Do you have information that any malfunction or

defect in a vehicle contributed to the injuries sustained in

the INCIDENT? Ifso:

(a) identify the vehicle;

(0) identify each malfunction or defect;

(c) state the name, ADDRESS, and telephone number of
each PERSON who is a witness to or has information
about each malfunction or defect; and

DISC-001

(d) state the name, ADDRESS, and telephone number of
each PERSON who has custody of each defective part.

20.11 State the name, ADDRESS, and telephone number of
each owner and each PERSON who has had possession
since the INCIDENT of each vehicle involved in the
INCIDENT.

25.0 jReserved]
30.0 /Reserved]
40.0 [Reserved]

50.0 Contract

50.1 For each agreement alleged in the pleadings:

(a) identify each DOCUMENT that is part of the agreement
and for each state the name, ADDRESS, and telephone
number of each PERSON who has the DOCUMENT;

(b) state each part of the agreement not in writing, the
name, ADDRESS, and telephone number of each
PERSON agreeing to that provision, and: the date that
part of the agreement was made;

(c) identify all DOCUMENTS that evidence any part of the
agreement net in writing and for each state the name,
ADDRESS, and telephone number of each PERSON
who has the DOCUMENT;

(d) identify all DOCUMENTS that are part of any modification
to the agreement, and for each state the name,
ADDRESS, and telephone number of each PERSON
who has the DOCUMENT;

(@) state each modification not in writing, the date, and the
name, ADDRESS, and telephone number of each
PERSON agreeing to the modification, and the date the
modification was made;

(f)} identify all DOCUMENTS that evidence any modification
of the agreement not in writing and for each state the
name, ADDRESS, and telephone number of each
PERSON whe has the DOCUMENT.

50.2 Was there a breach of any agreement alleged in the
pleadings? If so, for each breach describe and give the date
of every act or omission that you claim is the breach of the
agreement.

50.3 Was performance of any agreement alleged in the
Pleadings excused? If so, identify each agreement excused
and state why performance was excused.

50.4 Was any agreement alleged in the pleadings
terminated by mutual agreement, release; accord and
Satisfaction, or novation? If so, identify each agreement
terminated, the date of termination, and the basis of the
termination.

50.5 Is any agreement alleged in the pleadings unenforce-
able? If so, identify cach unenforceable agreement and
state why it is unenforceable.

|. 150.6 Is any agreement alleged in the pleadings ambiguous?
\f so, identify each ambiguous agreement and state why it is
ambiguous.

60.0 fReservec]

DISC-a0 Row Janaay 7, 2008) FORM INTERROGATORIES—GENERAL Pages ofa[BiS-o)
D

—

LEWIS BRISBOIS BISGAARD & SMITH LLP
CAMILLE K. FONG, SB# 113123
E-Mail: fonge@ibbslaw.com
ALEXANDRA M. OZOLS, SB# 202604
E-Mail: ozols@Ibbslaw.com
One Sansome Street, Suite 1400
San Francisco, California 94104
Telephone: (415) 362-2580
Facsimile: (415) 434-0882

Attomeys for Defendant
AMERICAN HONDA MOTOR CO., INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

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RUFUS ALEXANDER, CASE NO. CGC-08-274719

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Plaintiff, )
) DEFENDANT AMERICAN HONDA

) MOTOR COMPANY, INC.’S SPECIALLY
) PREPARED INTERROGATORIES TO
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ASBESTOS DEFENDANTS (B&P), et al. , PLAINTIFF, SET ONE -

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Defendants.

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PROPOUNDING PARTY: AMERICAN HONDA MOTOR COMPANY, INC.
RESPONDING PARTY: RUFUS ALEXANDER
SET NUMBER: ONE

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Defendant AMERICAN HONDA MOTOR COMPANY, INC., (“HONDA”) hereby

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requests that plaintiff responds to the following interrogatories in accordance with California Code

8

of Civil Procedure Section 2030, in writing and under oath, within thirty (30) days.

N
2

DEFINITIONS

R

As used herein plaintiff refers to the plaintiff in a personal injury action and the decedent in a

wrongful death action, and shall refer to both plaintiff in the singular and plural, as appropriate.

8

“YOU” and “YOUR?” refers to plaintiff, plaintiff's agents, employees, insurance companies

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{and their agents and employees), plaintiff's attorneys, accountants, investigators, and anyone else

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acting on plaintiff's behalf.
LEWIS

4838-1339-1368.1
DEFENDANT AMERICAN HONDA MOTOR COMPANY, INC.S SPECIALLY PREPARED

By0324 (1001 iowone

INTERROGATORIES TO PLAINTIFF, SET ONEco RP WD HW BB WN =

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BeRR ER BSR BR Set agar BEE S

“ASBESTOS” shall include asbestos-containing materials, asbestos-containing friction
materials or asbestos-containing products.

“HONDA” shall refer to defendant AMERICAN HONDA MOTOR CO., INC., and any of
its corporate entities, divisions or predecessors for which YOU contend it has liability in this matter.

“DOCUMENTS” shall have the meaning set forth in section 250 of the California Evidence
Code, and shall include, without limitation, the original and any non-identical copy of every kind of
written, printed, typed, recorded, or graphic matter, however produced or reproduced, including
without limitation all correspondence, letters, telegrams, messages, themoranda, instructions, inter-
office and intra-office memoranda and communications, and all records, schedules, reports,
communications, notes, time-cards, personal expense records, appointment books, purchase orders,
contracts, subcontracts, invoices, statements, bills, checks, vouchers, ledgers, accounts, drawings,
graphs, charts, physical models, photographs and motion pictures (and negatives) , phono-records,
audio tapes, video tapes, and data compilations from which information can be obtained or
translated through detection devices into reasonably usable form, computer input or output, output,
or any other tangible things. Documents and writings shall also include all drafts of documents or
writings defined above and all non-identical copies of said documents or writings. Handwritten or
other markings or notations of any kind on any copy of a document or writing render it non-
identical. Documents and writings shall parts of portions of a given document or writing.

“PERSON” or “PERSONS?” refers to all forms of legal entities, including, without
limitation, individuals, unincorporated associations, labor unions, partnerships, joint ventures,
corporations, trusts, estates, or other business or public government entities. Furthermore, when
asked to “IDENTIFY” a “PERSON, “identify” means by current full or business name, current
address, telephone number and employer.

“SITE(S)” means and includes buildings, structures, grounds, job sites, locations, and areas
where YOU claim YOU were exposure to asbestos-containing products for which YOU contend
HONDA is liable.

“COMMUNICATIONS” means the act or fact of communicating between or among any

persons, including telephone conversations, letters, memoranda, notes, summaries, photographs,

4838-1339-1368.1 -2-

DEFENDANT AMERICAN HONDA MOTOR COMPANY, INC.’S SPECIALLY PREPARED
INTERROGATORIES TO PLAINTIFF, SET ONELEWIS
BRISBO'S
BISGAARD
& SMIKLUP

motion pictures, audio tapes, video tapes, or other materials or memorials of communication,
meetings or any occasion of joint or mutual presence, as well as the transfer of any document or
writing from one person to another.

“GENERIC NAME” means the common industry name for the product. Examples include,
but are not limited to brake pad, brake shoe, brake lining, disc brake pad, clutch.

“IDENTIFY THE PRODUCT” means to describe each material, including its attributes of
shape, dimensions (length, width and depth), weight, texture, feel, color, labels, writings and
markings.

"DOCUMENTS RELATING TO YOUR MEDICARE -BENEFICIARY STATUS” includes
all DOCUMENTS described in section 250 of the California Evidence Code including, “rights and
Responsibilities Letter (RAR)” “Confidential Payment Letter (CPL)” and./or “Final Demand
Letter,”

INTERROGATORIES
INTERROGATORY NO. 1:

Do YOU contend YOU were exposed to ASBESTOS for which HONDA is allegedly liable?
INTERROGATORY NO. 2:

If YOU contend YOU were exposed to ASBESTOS for which HONDA is allegedly liable,
please state all facts supporting this contention,

SPECIAL INTERROGATORY NO. 3:

If YOU contend that YOU were exposed to ASBESTOS for which HONDA is allegedly
liable, IDENTIFY all PERSONS who have knowledge of YOUR alleged exposure.
INTERROGATORY NO. 4:

For cach PERSON listed in the preceding interrogatory response, state all information YOU
know each PERSON to possess which supports YOUR claim that YOU were exposed to asbestos-
containing product for which HONDA is allegedly liable.

INT ERROGATORY NO. 5:

If YOU contend that YOU were exposed to ASBESTOS for which HONDA is allegedly
liable, IDENTIFY all DOCUMENTS that support YOUR contention.
4838-1339-1368.1 -3-

DEFENDANT AMERICAN HONDA MOTOR COMPANY, INC.’S SPECIALLY PREPARED
INTERROGATORIES TO PLAINTIFF, SET ONELEWIS
BRISBOIS
BISGAARD
&SMIH UP

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BN SRP BER PSS e UR DEGRA S

INTERROGATORY NO. 6:

Describe (i.¢., by kind commercial name, function, color, shape, dimensions, etc.) each
specific asbestos-containing product for which HONDA is allegedly liable to which YOU contend
YOU were expose