Request,Application: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Keith Reyen, Esq. (CSB 127420)

Bret R. Landess, Esq. (CSB 221105)
Angela Stinchfield, Esq. (CSB 244805) ELECTRONICALLY
OTUM REYEN & PRYOR FILED
220 Montgomery Siro, Suite 910 County of San Francia.
San Francisco, CA 941
Tel: (415) 392-8300 OCT 15 201
Fax: (415) 421-1254 BY: JUDITH NUNEZ

Deputy| Clerk

Attorneys for Defendant Fiat USA, Inc.

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

RUFUS ALEXANDER Case No.: -CGC-08-274719

Plaintiff DECLARATION OF ANGELA

> STINCHFIELD IN SUPPORT OF
vs DEFENDANT FIAT USA, INC.’S

* MOTION FOR AN ORDER TO IMPOSE
ASBESTOS DEFENDANTS (BP) THE ALTERNATIVE, 10 COMPEL.
As Reflected on Exhibits B, C, G, H, 1; and DISCOVERY RESPONSES; REQUEST
DOES 1-8506 FOR MONETARY SANCTIONS

Date: November 18, 2010
Defendants. Time: 1:30pm
Dept.: 220
Judge: Hon. Harold E. Kahn

Complaint Filed: July 1, 2008
Trial Date: Not Assigned

I, Angela Stinchfield, declare as follows:

1. lam an attorney duly licensed to practice before all of the courts of the State of
California and before this Court. Iam an associate in the law firm of Oium, Reyen & Pryor,
‘attorneys of record for defendant Fiat USA, Inc. (“Fiat”) in this action. All matters stated herein
are of my own personal knowledge, unless otherwise stated.

2. Pursuant to the Court’s June 29, 2010 Order for the April 29, 2010 Case Management
Conference, defendants were to re-send any outstanding written discovery to plaintiff by May
15, 2010. Attached hereto as Exhibit A are true and correct copies of the Court’s June 28, 2010

age 1 :

Declaration of Angela Stinchfield in Support of Defendant Fiat USA, Inc.’s Motion for an Order To Impose Terminating
Sanctions, or in the alternative, to Compel Discovery Responses; Request for Monetary SanctionsOrder for the April 29, 2010 Case Management Conference, Fiat re-served to plaintiff its written
discovery requests on May 4, 2010, which were originally served to plaintiff on December 10,
2009. Fiat re-served plaintiff on May 4, 2010 with Request for Admissions To Plaintiff, Set
One, Special Interrogatories To Plaintiff, Set One, Form Interrogatories, Set One, and Request
for Production of Documents To Plaintiff, Set One.

3. Attached hereto as Exhibit B is a true and correct copy of Defendant Fiat USA, Inc.’s
Request For Admissions To Plaintiff, Set One (Re-served).

4. Attached hereto as Exhibit C is a true and correct copy of Defendant Fiat USA, Inc.’s
Special Interrogatories To Plaintiff, Set One (Re-served).

5, Attached hereto as Exhibit D is a true and correct copy of Defendant Fiat USA, Inc.’s
Form Interrogatories To Plaintiff, Set One (Re-served).

6. Attached hereto as Exhibit E is a true and correct copy of Defendant Fiat USA, Inc.’s
Request For Production of Documents To Plaintiff, Set One (Re-served).

7. Based on the Court’s order, plaintiff was to serve his responses to defendant’s written
discovery by June 30, 2010. Plaintiff failed to respond to this discovery. Attached hereto as
Exhibit F are true and correct copies of correspondence to plaintiff dated September 1, 2010.

8. Plaintiff and I spoke on or about September 14, 2010 regarding plaintiff's overdue
discovery responses. Plaintiff represented that he would respond to Fiat's written discovery by
September 17,2010. As of the date of this motion, counsel for Fiat has not received any
response to the above listed written discovery.

9. Lhave spent approximately three and a half (3.5) hours preparing this motion, and I
anticipate that approximately two (2) more hours will be spent analyzing plaintiff's opposition to
the motion, preparing the reply, and traveling to and attending the hearing on the motion. The
billable rate for this matter is $185 per hour. Additionally, the fee for filing this motion is $49.
Therefore, defendant Fiat USA, Inc. anticipates that it will incur approximately $1,057.50 in

attomeys’ fees and filing fees in connection with this motion.

. Page2
Declaration of Angela Stinchfield in Support of Defendant Fiat USA, Inc.*s Motion for an Order To Impose Terminating
Sanctions, or in the alternative, to Compel Discovery Responses; Request for Monetary SanctionsI declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on October 14, in San Francisco,

California.

ha
Angela Stinchfield

Page 3
Declaration of Angela Stinchfield in Support of Defendant Fiat USA, Inc.’s Motion for an Order To Impose Terminating
Sanctions, or in the alternative, to Compel Discovery Responses; Request for Monetary SanctionsPROOF OF SERVICE
Rufus Alexander v. Asbestos Defendants (Fiat USA, Inc.
San Francisco Superior Court Case No. CGC 08-274719

I certify that I am over the age of 18 years and not a party to the above referenced action;
that my business address is 220 Montgomery Street, Suite 910, San Francisco, CA 94104; and
that on this date I served a true copy of the document(s) in the action of Rufus Alexander v.
Asbestos Defendants, San Francisco Superior Court Case No. CGC-08-274719, entitled:

« Declaration of Angela Stinchfield in Support of Defendant Fiat USA, Inc.’s Motion
For an Order To lmpose Terminating Sanctions, or in The Alternative, To Compel
Discovery Responses; Request For Monetary Sanctions

Service was effectuated by forwarding the above-noted documents in the following manner:
xX Electronically on the recipients designated on the Transaction Receipt located on
the LexisNexis File & Serve website, pursuant to San Francisco Superior Court

General Order No. 158. Asbestos-Related Case.

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on October 15, 2010, at San Francisco, California.

(Oanda to Bart

Wanda W. Burnett

Page 1
Proof of ServiceEXHIBIT A

EXHIBIT A|
1|| Bvanthia Spanos, Hsq., CSB No. 111178
: BERRY & BERRY
21) A Professional Law Corporation
3|| 2930 Lakeshore Averme
Oakland, California 94610
: All Telephone: 610) 250-0200
5 Designated Defense Counsel
: 6
| 7
i 8 SUPERIOR COURT — UNLIMITED JURISDICTION — STATE OF CALIFORNIA
|
| 9 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
10], RUFUS ALEXANDER, No, CGC-08-274719
a Plaintiffs, NOTICE OF ENTRY OF ORDER RE
12 CASE MANAGEMENT CONFERENCE
> vs. ORDER
if gg 13
t i a 14 PNEUMO ABEX LLC, Date: April 29, 2010
shi ® Time: 1:30 pam.
: Hy B 18 Defendants. Dept: 220 ~The Hon, Harold E, Kahn
ates / Trial: TBD
16 Action Filed: July 1, 2008
7
18 PLEASE TAKE NOTICE that on June 29, 2010 the above-entitled Court duly entered the

19|| attached Oxder Re Case Management Conference Order.

opi] Dated: July 1, 2010 BERRY & BERRY
A Professional Law Corporation

21

ao
22 (Brg
3 Evanthid Spanos, Esq. "

Designated Defense Counsel

Rufus Alexander v. Pano Abex LLC, ct al.

San Francisco Superior CourtNo. CGC-08-274719

Notice of Entry of Order Re Case Mauagentent Conference Order
Page fofotore 2mOSTTES "PUERTO.
ARM AVI

Evanthia Spanos, Esq., CSB No. 111178
BERRY & BERRY

A Professional Law Coxporation ENDORSED

2930 Lakeshore Avenue San Frenclseo aunty su oe Court

Oakland, California 94610

Telephone: 510-250-0200 JUN 2 9 2019

DESIGNATED DEFENSE COUNSEL Bhan tic AR GOURT
BER

SUPERIOR COURT —- UNLIMITED JURISDICTION — STATE OF CALIFORNIA

IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

RUFUS ALEXANDER, No. CGC-08-274719
Plaintiff, CASE MANAGEMENT CONFERENCE
ORDER
vs. .
Date: April 29,2010 .
PNEUMO ABEXLLCO,  - . Time: 1:30 pan. :
Dept: . 220-The Hon. Harold BE. Kabn
Defendants. Trial Date: TBD ~

/ Action Filed: July 1, 2008

‘A Case Management Conference was held on April 29, 2010 before the Honorable
Harold BE. Kahn. Plaintiff Rufas Alexander, Designated Defense Counsel through Berry &
Berry, and counsel for various defendants were present. Based on the fact that Plaintiff Rufus
Alexander is currently self-represented and there is a significant amount of outstanding
discovery, the court issued the following orders.

IT IS HEREBY ORDERED:

Plaintiff is to seek legal representation by June 15, 2010,

There is a stay on discovery until June 16, 2010. Although discovery is currently stayed,
defendants are to re-send to plaintiff any written discovery that was previously served by May
15, 2010.

The discovery stay will be lifted and discovery will be re-opened on June 16, 2010,

except the discovery stay will remain in effect as to inotions to compel further responses to any

San Francisca Soperior Court No. CGC-08-274719
Case Management Confevence Order
Page 1 of2DIBEG EMOTES "PUETTEC,
onary asnREET O62
wonaradiol 07 oudroI

NORE Oe 9S) BUUYORL

AMSAT Y.AGITT

Oo 0 NS DA WA BR YN me

n a
BS RRRBSRBSEeBE ARR EGE FS

written discovery. The stay on the motions to compel written discovery will be maintained until
the next Case Management Conference referenced below.

Plaintiff's continued deposition will take place at Aiken & Welch in San Francisco,
California, on June 16, 2010 at 10:00 a.m., pursuant to formal notice. ‘ .

Plaintiff is to send his responses to defendants’ written discovery by June 30, 2010.

The individual defendants who propound this written discovery shall serve copies of plaintiffs
responses on all other defense counsel.

The next Case Management Conference will be held on August 4, 2010 at 1:30 p.m. in
Department 220. The issues to be discussed will include whether the deposition of plaintiff has
conckuded ppd 5 Se of plaintiff's responses to defendants’ written discovery.

Dated: May7___, 2010

HAROLD KAHN

The Honorable Harold EB. Kabn
Tudge of the Superior Court

‘Rufus Alexander v. Pneumo AbeX LLC, ct al,
San Francisco Superior Court No. COC-08-274719
Case Managentent Confereace Order

Page 2 of 2sare-ost fats) senaqdaray,

O1SNG ERSAMIED "BEENED

oe DN WR BON Re

Desk fk hth keh eh fk kt
Oo OO SN wh tm ON OD

PROOF OF SERVICE
Tam employed in the County of Alameda, over the age of 18 years, and not a party to the
within action, My electronic notification address is secretarialdept@berrvandberry.com, lam

yeadily familiar with Berry & Berry's practice for collection and processing of documents,
Pursuant to San Francisco Superior Court General Order No. 158, CCP 1010.6 and CRC
2.260, on July 2, 2010 at approximately S45 a m., I electronically served through
Lexis-Nexis File and Serve the following documents: Notice of Entry of Order Re Case
Management Conference Order (Rufus Alexander vy, Pneumo Abex LLC, SF CGC-08-
274719) on the following parties designated on the Transaction Receipt located on the Lexis
Nexis File & Serve website on. To the best of my knowledge, at the time of the transmission, the
transmission was reported as complete and without error.
Via US Mail

Rufus Alexander

170 Cashmere Street, Apt. D
San Francisco, California 94124
Gu Pro Per}

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was execnted on Tuly2, 2010 at Oakland, California,

Nene Lome,

Denise R.'MooreEXHIBIT B

EXHIBIT B27

28

Keith Reyen, Esq. (CSB 127420)
Angela Stinchfield, Esq. (CSB 244805)
Oium Reyen & Pryor -

220 Montgomery Street, Suite 910

San Francisco, CA 94104

Tel: (415) 392-8300

Fax: (415) 421-1254

Attomeys for Defendant Fiat USA, Inc.”

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO
RUEUS ALEXANDER . Case No.: CGC-08-274719
Pisintif, UNLIMITED CIVIL ACTION
ove DEFENDANT FIAT USA, INC.’S
REQUEST FOR ADMISSIONS TO
ASBESTOS DEFENDANTS (BP) PLAINTIFF, SET ONE (RE-SERVED)
‘As Reflected on Exhibits B, C, G, H, I; and
DOES 1-8500
Defendants.
PROPOUNDING PARTY: Defendant Fiat USA, Inc.
RESPONDING PARTY: Plaintiff Rufus Alexander
SET NUMBER: One (1) (RE-SERVED)

Request For Admission Noi: Aduit that you were never exposed to asbestos from a
FIAT PRODUCT.

As used herein, FIAT PRODUCT shall mean any product or equipment for which you
contends defendant Fiat USA, Inc. retains liability as a manufacturer, distributor, retailer or

otherwise.

Page |
DEFENDANT FIAT USA, INC.’S REQUEST FOR ADMISSIONS TO PLAINTIFF, SET ONE (RE-SERVED)Request For Admission No 2.: Admit that you have no evidence that you were ever
exposed to asbestos fom a FIAT PRODUCT.

Request For Admission No 3.: Admit that you have no information regarding the
MAINTENACE HISTORY of any FIAT PRODUCT you encountered.

As used herein, MAINTENANCE HISTORY shall mean maintenance or repairs
performed to 2 FIAT PRODUCT which involved the replacement of component parts prior to the
time you came into contact with that product.

Request for Admission No. 4.: Admit that you were never present while brake
components were removed on a FIAT PRODUCT.

Request for Admission No. 5.: If YOU contend you were present while brake
components were removed from a FIAT PRODUCT, admit that you have no evidence that the
brake components which were removed were original, factory installed brake components.

Request for Admission No, 6.: If you coritend you were present while brake
components were removed from a FIAT PRODUCT, admit that you have no evidence that
defendant Fiat USA, Inc. is legally responsible for the brake components which were removed.

Request for Admission No. 7.; Admit that you were never present while brake
components were disturbed on a FIAT PRODUCT.

Request for Admission N io. 8.: If you contend you wete present while brake
components were disturbed on a FIAT PRODUCT, admit that you have no evidence that the
brake components which were disturbed were original, factory installed brake components.

Request for Admission No. 9.: If you contend you were present while brake
components were disturbed on a FIAT PRODUCT, admit that you have no evidence that
defendant Fiat USA, Inc. is legally responsible for the brake components which were disturbed.

Request for Admission No, 10.: Admit that you were never present while brake
components were installed on a FIAT PRODUCT.

Request for Admission No. 11.: Admit that you were never present while clutch
components were installed on a FIAT PRODUCT. : .

Page 2 : :
DEFENDANT FIAT USA, INC.’S REQUEST FOR ADMISSIONS TO PLAINTIFF, SET ONE (RE-SERVED)27

28

Request for Admission No. 12.: Admit that you were never present while clutch
components were removed from a FIAT PRODUCT.

Request for Admission No. 13.: If you contend you were present while clutch
components were removed ona FIAT PRODUCT, admit that you have no evidence that the
clutch components which were removed were original, factory installed clutch ‘components.

Request for Admission No. 14.: If you contend you were present while clutch
components were removed on a FIAT PRODUCT, admit that you have no evidence that
defendant Fiat USA, Inc. is legally responsible for the clutch components which were removed.

Request for Admission No. 15.: Admit that you were never present while clutch
components were disturbed from a FIAT PRODUCT.

Request for Admission No. 16.: If you contend you were present while clutch
components were disturbed on a FIAT PRODUCT, admit that you have no evidence that the
clutch components which were disturbed were original, factory installed clutch components.

- Reguest for Admission No. 17.: If you contend you were present while clutch
components were disturbed on a FIAT PRODUCT, admit that you have no evidence that
defendant Fiat USA, Inc. is legally responsible for the clutch components which were disturbed.

Request for Admission No. 18.: Admit that you were never present while gaskets were
installed on a FIAT PRODUCT.

Request for Admission No. 19.: Admit that you were never present while gaskets were
removed fiom a FIAT PRODUCT. : :

Request for Admission No. 20.: If you contend you were present while gasket
components were removed on a FIAT PRODUCT, admit that you have no evidence that the
gasket components which were removed were original, factory installed gasket components.

Request for Admission No. 21.: If you contend you were present while gasket
components were removed on a FIAT PRODUCT, admit that you have no evidence that
defendant Fiat USA, Inc. is legally responsible for the gasket components which were removed.

Request for Admission No. 22.: Admit that you were never present while gasket
components were disturbed on a FIAT PRODUCT.

. Page3 : .
DEFENDANT FIAT USA, INC.’S REQUEST FOR ADMISSIONS TO PLAINTIFF, SET ONE (RE-SERVED)Request for Admission No. 23.: If you contend you were present while gasket
components were disturbed on a FIAT PRODUCT, admit that you have no evidence that the

gasket components which were disturbed were original, factory installed gasket components.

Request for Admission No. 24.: If you contend you were present while gasket
components ‘were disturbed on a FIAT PRODUCT, admit that you have no evidence that
defendant Fiat USA, Inc. is legally responsible for the gasket components which were disturbed.

, Request for Admission No. 25.: Admit that your alleged exposure to on asbestos
containing component aliributable to defendant Fiat USA, Inc. was not a substantial factor in
causing the injuries which are the subject matter of this lawsuit.

Request for ‘Admission No. 26.: Admit that your exposure to an asbestos containing
product attribuiable to other defendants in this action was a substantial factor in causing the
injuries which are the subject matter of this lawsuit.

Request for Admission No, 27.: Admit that you never had any communication with
defendant Fiat USA, Inc.

Request for Admission No, 28.: If you contend that you had communication(s) with
defendant Fiat USA, Inc., admit that defendant Fiat USA, Inc. ‘never made any false
represemtations to you.

Respectfully submitted,

OTUM REYEN & PRYOR

Dated: May 3, 2010 , LE) _"
KGith Reyer, Esq. -

_ Angela Stinchfield, Esq.
Attomeys for Defendant Fiat USA, Inc.

Page 4
DEFENDANT FIAT USA, INC."S REQUEST FOR ADMISSIONS TO PLAINTIFF, SET ONE (RE-SERVED)Rufus Alexander v. Asbestos Defendants (Fiat USA, Inc.
San Francisco Superior Court Case No. CGC 08-274719

Tam a citizen of the United States. My business address is 220 Montgomery Street,
Suite 910, San Francisco, California 94104. Iam employed in the County of San Francisco
where this service occurs. I am over the age of 18 years and not a party to the within cause.
Tam readily familiar with my employer's normal business practice for collection and processing
of correspondence for mailing with the U.S. Postal Service and that practice is that ,
comespondence is deposited with the U.S. Postal Service the same day as the day of collection

in the ordinary course of business.

On May 4, 2010, following ordinary business practice, I served the foregoing
document(s) described as: on the interested parties in said action addressed as follows:

« Defendant Fiat USA, Inc.’s Request For Admissions to Plaintiff,
Set One (RESERVED)

Rufus Alexander, In Pro Per
170 Cashmere Street, Apt. D
San Francisco, CA 94124

BY FACSIMILE) by transmitting via facsimile the document(s) listed above to _
the facsimile number(s) set forth above, or as stated on the attached service list,
on this date before 5:00 p.m.

xX _(BY MAIL) by placing a true and correct copy of the document(s) listed above
enclosed in a seated envelope(s) with postage thereon fully prepaid in the .
United States Mail at San Francisco, California.

(BY PERSONAL SERVICE) by placing a true and correct copy of the
document(s) listed above enclosed in a sealed envelope(s) and causing said
” envelope(s) to be delivered by hand this date to the offices of the addressee(s).

(BY OVERNIGHT DELIVERY) by placing a true and correct copy of the
document(s) listed above enclosed in a sealed envelope(s) and causing said

_ envelope(s) to be delivered to an overnight delivery carrier with delivery fees
provided for, addressed to the person(s) on whom it is to be served,

I declare that I am employed in the office of a member of the bar of this Court at whose :
direction the service was made, I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed on May 4, 2010, at San Francisco,

California.
Wendc LOR

Wanda W. BurnettPROOF OF SERVICE
Rufus Alexander v. Asbestos Defendants (Fiat USA, Inc.
San Francisco Superior Court Case No. CGC 08-274719

l certify that I am over the age of 18 years and not a party to the above referenced action;
that my business address is 220 Montgomery Street, Suite 910, San Francisco, CA 94104; and
that on this date I served a true copy of the document(s) in the action of Rufus Alexander v.
Asbestos Defendants, San Francisco Superior Court Case No. CGC-08-274719, entitled:

« Defendant Fiat USA, Inc.’s Request For Admissions to Plaintiff,
Set Onc (RE-SERVED) '

Service was effectuated by forwarding the above-noted documents in the following manner:
xX. Electronically on the recipients designated on the Transaction Receipt located on
the LexisNexis File & Serve website, pursuant to San Francisco Superior Court
General Order No. 158. Asbestos-Related Case.

I declare under penalty of perjury that the foregoing is tue and correct and that this
declaration was executed on May 4, 2016, at San Francisco, California.

Wanda W. Burnett

Page 1
Proof of ServiceEXHIBIT C

_EXHIBIT CKeith Reyen, Esq. (CSB 127420)
Angela Stinchfield, Esq, (CSB 244805)
Oium Reyen & Pryor .

220 Montgomery Street, Suite 910

San Francisco, CA 94104

Tel: (415) 392-8300

Fax: (415) 421-1254

Attorneys for Defendant Fiat USA, Inc.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ~

COUNTY OF SAN FRANCISCO

RUFUS ALEXANDER Case No CGC-08-274719

Plaintiff, UNLIMITED CIVIL ACTION

vs. DEFENDANT FIAT USA, INC.’S
., SPECIAL INTERROGATORIES TO

ASBESTOS DEFENDANTS (BP) PLAINTIFF, SET ONE (RE-SERVED)
As Reflected on Exhibits B, C, G, H, I; and
DOES 1-8500

Defendants.

4

PROPOUNDING PARTY: Defendant Fiat USA, Inc.
RESPONDING PARTY: Plaintiff Rufus Alexander
SET NUMBER: One (1) (RE-SERVED) -

Interrogatory No, 1.: Please list each location where you allege that you were exposed
to asbestos from a FLAT PRODUCT.

As used herein, FIAT PRODUCT shall mean any product or equipment for which you :
contend defendant Fiat USA, Inc. retains liability, including but not limited to liability as a
manufacturer, distributor or supplier.

Page 1
DEPENDANT FIAT USA, INC.’S SPECIAL INTERROGATORIES TO PLAINTIER, SET ONE (RE-SERVED)27

28

Interrogatory No, 2.: For each location where you allege that you were exposed to
asbestos from a FIAT PRODUCT, please describe as specifically as possible each FIAT
PRODUCT from which you allege you were exposed to asbestos.

Interrogatory No. 3.: For each FIAT PRODUCT from which you allege that you were
exposed to asbestos, please IDENTIFY the owner of the product at the time you were exposed to
asbestos from the FIAT PRODUCT.

-As used herein, IDENTIFY shall mean to state the full name and current or last known
address and telephone number.

Interrogatory No. 4.: For each FIAT PRODUCT from which you allege that you were
exposed to asbestos, please IDENTIFY the current owner of the FIAT PRODUCT. ,

Interrogatory No. 5.: For each FLAT PRODUCT from which you allege that you were
exposed to asbestos, please describe as specifically as possible the MAINTENANCE HISTORY
of the FIAT PRODUCT.

As used herein, MAINTENANCE HISTORY shall mean maintenance or repairs
perfotmed to a FIAT PRODUCT which involved the replacement of component parts priot to the
time you came into contact with that product.

Interrogatory No. 6.: For each FIAT PRODUCT from which you allege that you were
exposed to asbestos, please IDENTIFY all persons who can provide information regarding the
MAINTENANCE HISTORY of the FIAT PRODUCT.

Interrogatory No. 7: For each FIAT PRODUCT from which you allege that you were
exposed to asbestos, please DESCRIBE all DOCUMENTS which contain information regarding
the MAINTENANCE HISTORY of the FIAT PRODUCT.

As used herein, DESCRIBE shall mean to provide a description with sufficient
specificity to satisfy the requirements of a demand for production of documents under California
Code of Civil Procedure § 2031.010 et seq.

As used herein, DOCUMENTS shall be mean all manually, mechanically or

electronically written or recorded audio or visual materials and computer files known to you.

Page 2 .
DEFENDANT FIAT USA, INC,’S SPECIAL INTERROGATORIES TO PLAINTIFF, SET TWOInterrogatory No. 8: For each FIAT PRODUCT from which you allege that you were
exposed to asbestos, please describe as specifically as possible each ASBESTOS-CONTAINING
COMPONENT to which you allege that you were exposed.

As used herein; the term ASBESTOS-CONTAINING COMPONENT means any product
that you believe contains any amount of the mineral asbestos, including, but not limited to, all
raw asbestos, vermiculite, amosite, irimolite, chrysotile or crocidilite.

Interrogatory No. 9.: If you contend you were exposed fo asbestos from an OEM
COMPONENT PART of a FIAT PRODUCT, please state all facts which support your
contention that the ASBESTOS-CONTAINING COMPONENT ‘was an OEM COMPONENT
PART.

‘As used herein, the term OEM COMPONENT PART shall mean any component of a
FIAT PRODUCT that was factory-installed or distributed by defendant Fiat USA, Inc. for use as
a factory replacement part.

Interrogatory No. 10.; Ifyou contend you were exposed to asbestos from an, OEM
COMPONENT PART ofa FIAT PRODUCT, please IDENTIFY all witnesses who can provide
information which support your contention that the ASBESTOS-CONTAINING COMPONENT
from which you were exposed was an OEM COMPONENT PART.

Interrogatory No. 11: Ifyou contend you were exposed to asbestos from an OEM.
COMPONENT PART of a FIAT PRODUCT, please DESCRIBE all DOCUMENTS which
support your contention that the ASBESTOS-CONTAINING COMPONENT from which you
were exposed was an OEM COMPONENT PART.

Interrogatory No. 12.: For each ASBESTOS-CONTAINING COMPONENT that you
contend was a FIAT PRODUCT to which you were exposed, please state all facts which support
your contention that defendant Fiat USA, Inc. is legally responsible for the ASBESTOS..
CONTAINING COMPONENT.

Interrogatory No. 13.: For each ASBESTOS-CONTAINING COMPONENT that you
contend was a FIAT PRODUCT to which you were exposed, please IDENTIFY all witnesses

Page 3 .
DEFENDANT FIAT USA, INC.’S SPECIAL INTERROGATORIES TO PLAINTIFF, SET TWO.who can provide testimony which supports your contention that defendant Fiat USA, Inc, is
legally responsible for the ASBESTOS-CONTAINING COMPONENT.

Interrogatory No, 14.; For each ASBESTOS-CONTAINING COMPONENT that you
contend was a FIAT PRODUCT to which you were exposed, please DESCRIBE all
DOCUMENTS which support your contention that defendant Fiat USA, Inc. is legally
responsible for the ASBESTOS-CONTAINING COMPONENT.

Interrogatory No. 15.: For each occasion which you allege you were exposed to
asbestos from a FIAT PRODUCT, please state as specifically as possible the date of each such
alleged exposure. .

Interrogatory No. 16,: For each occasion which you allege you were exposed to
asbestos from a FIAT PRODUCT, please describe the specific tasks which were performed to a
FIAT PRODUCT which caused you to be exposed to asbestos.

Interrogatory No. 17.: For each specific task performed to a FIAT PRODUCT which
you allege caused you to be exposed to asbestos, please IDENTIFY who performed the task.

Interrogatory No, 18.: For each specific task performed to a FIAT PRODUCT which
you allege caused you to be exposed to asbestos, if you contend you performed this task, please
state as specifically as possible the amount of ‘time the task took to complete.

Interrogatory No. 19.: For each specific task which was performed to a FIAT
PRODUCT which you allege caused you to be exposed to asbestos, if you contend you
performed this task, please IDENTIFY ali persons who saw you perform this task.

Interrogatory No. 20.: For each specific task performed to a FIAT PRODUCT which
you allege caused you to be exposed to asbestos, please give an account of the amount of time
you were within twenty feet of an ASBESTOS-CONTAINING COMPONENT while the task
was being performed. : :

Interrogatory No. 21.: For each specific task which was performed to a FIAT
PRODUCT which you allege caused you to be exposed to asbestos, please IDENTIFY all
witnesses who can provide testimony regarding your alleged exposure,

. Page 4
DEFENDANT FIAT USA, INC.’S SPECIAL INTERROGATORIES TO PLAINTIFF, SET TWOJnterrogatory No. 22.; For each specific task which was performed to a FIAT
PRODUCT which you allege caused you to be exposed to asbestos, please DESCRIBE all
DOCUMENTS which contain information regarding your alleged exposure.

Interrogatory No. 23.: If you allege that you suffered an asbestos-related injury due to a
false representation made by defendant Fiat USA, Inc., please state all facts which support this
allegation.

Interrogatory No. 24.: If you allege that you suffered an asbestos-related injury due to al

false representation made by defendant Fiat USA, Inc., please IDENTIFY all witnesses who can
provide testimony in support of this allegation.

Interrogatory No. 25.: If you allege that you suffered an asbestos-related injury due to a]
false representation made by defendant Fiat USA, Inc., please DESCRIBE all DOCUMENTS
which you contend supports this allegation.

Respectiully submitted,

OIUM REYEN & PRYOR

Dated: May 3, 2010

Keith Reyen, Esq.
Angela Stinchfield, Esq.
Attorneys for Defendant Fiat USA, Inc.

Page S .
DEFENDANT FIAT USA, INC’S SPECIAL INTERROGATORIES TO PLAINTIEF, SET ONE (RE-SERVED)Rufus Alexander v. Asbestos Defendants (Fiat USA, Inc,
San Francisco Superior Court Case No. CGC 08-274719

Tam a citizen of the United States. My business address is 220 Montgomery Street,
Suite 910, San Francisco, California 94104. I am employed in the County of San Francisco
where this service occurs. 1 am over the age of 18 years and not a party to the within cause.

_ Lam readily familiar with my employer's normal business practice for collection and processing

of correspondence for mailing with the U.S. Postal Service and that practice is that
correspondence is deposited with the U.S. Postal Service the same day as the day of collection
in the ordinary course of business,

On May 4, 2010, following ordinary business practice, I served the foregoing
document(s) described as: on the interested parties in said action addressed as follows:

© Defendant Fiat USA, Inc.’s Special Interregatories to Plaintiff,
Set One (RE-SERVED)

Rufus Alexander, In Pro Per -
170 Cashmere Street, Apt. D
San Francisco, CA 94124

(BY FACSIMILE) by transmitting via facsimile the document(s) listed above to
the facsimile mumber(s) set forth above, or as stated on the attached service list,
on this date before 5:00 pun. ‘

x. (BY MAIL) by placing a true and correct copy of the document(s) listed above
enclosed in a sealed envelope(s) with postage thereon fully prepaid in the
‘United States Mail at San Francisco, California.

_ (BY PERSONAL SERVICE) by placing a true and correct copy of the
document(s) listed above enclosed in a sealed envelope(s) and causing said
envelope(s) to be delivered by hand this date to the offices of the addressee(s).

(BY OVERNIGHT DELIVERY) by placing a true and correct copy of the
document(s) listed above enclosed in a sealed envelope(s) and causing said
envelope(s) to be delivered to an overnight delivery carrier with delivery fees
provided for, addressed to the person(s) on whom itis to be served.

I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed on May 4, 2010, at San Francisco,

ae Up: |

Wanda W. Burnett26

23

PROOF OF SERVICE
Rufus Alexander v. Asbestos Defendants (Fiat USA, Inc,
San Francisco Superior Court Case No, CGC 08-274719

that my business address is 220 Montgomery Street, Suite 910, San Francisco, CA 94104; and
that on this date I served a true copy of the document(s) in the action of Rufus Alexander v.
Asbestos Defendants, San Francisco Superior Court Case No. CGC-08-274719, entitled:

« Defendant Fiat USA, Inc.’s Special Interrogatories to Plaintiff,
Set One (RE-SERVED)

Service was effectuated by forwarding the above-noted documents in the following manner:
the LexisNexis File & Serve website, pursuant to San Francisco Superior Court
General Order No. 158. Asbestos-Related Case.

: I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on May 4, 2010, at San Francisco, California.

Wondo. U2. QunttH

Wanda W. Burnett

Page 1
Proof of Service

Loertify that 1 am over the age of 18 years and not a patty to the above referenced action;

x Electronically on the recipients designated on the Transaction Receipt located onEXHIBIT D

EXHIBIT DbisG-004

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stole Bar number, and address}:
"Angela Stinchfield, Esq, (CSB 244805

OTUM REYEN & PRYOR.

220 Montgomery Street, Suite 910

San Francisco, CA 94104

‘TELEPHONE NO: (415) 392-8300

FAK NO, (Optorall: 415 42161254

‘E-MAIL. ADDRESS (Options):

ATTORNEY FOR (vero): Defendant Fiat, USA.

‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco

400 McAllister Street
San Francisco, CA 94102

SHORT TITLE OF CASE:
Alexander v. Asbestos Defendants, et al.

Asking Party: Defendant Fiat, USA.

‘Answering Party: Plaintiff Rufus Alexander
Set No.: One (1) (RE-SERVED)

FORM INTERROGATORIES—GENERAL

‘CASE NUMBER:

CGC-08-274719

Sec, 1. Instructions to All Parties

{a} interrogatories are written questions prepared by a party
Yo 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.

(>) 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 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 io each interrogatory that you want
the answering party fo 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 2 period of time.
{a) 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 plaintiffs injuries and damages.
{8} Additional interrogatories may be attached,

Sec. 3, Instructions to the Answering Party

() An answer or ofher 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
with these interrogatories, you must serve your responses on
the asking party and serve copies of your responses on alt
other parties io the action who have appeared. See Code 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)_ Ifyou do not have enough personal knowledge to fully

answer an interrogatory, say $o, but make a reasonable and
good faith effort to get the information by asking other persons
‘or organizations, unlass the Information Is equally available to
the asking party.
(e) Whenever an interrogatory may be answered by
referring to a document, the document may be attached as an
exhibit fo the response and referred to in the response. If the
document has more than one page, refer te the page and
section where the answer to the interrogatnry can be found.
{f) Whenever an address and telephone nurnber for the
saine 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) Wyou are asserting a privilege or making an objection to
an interragatory, 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
ihe end of your answers: noe .

| 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: .

{@) (Check one of the following):

G1 (1) INCIDENT includes the circumstances and
avers surrounding the alleged accident, Injury, or
other occurrence or breach of contract giving rise io
this action or proceeding.

=. Page oF 8

ona Approved
“Judici! Counat of Gatteia
180-005 [Rev Janay 4, 2008

FORM INTERROGATORIES--GENERAL

‘ode of Chil Procedure,
9G 2090.010-2030.410, 2023.710
www. couitinfo.cs.gay

* [american Legaltvel, ins.
seo Fons Hondiow.cam|no DISC-004

io (2} INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These interrogatories
on @ separate, attached sheet isbeled “See. [¥] 1.4 State the name, ADDRESS, telephone number, and

Hayes):

(b) YOU OR ANYONE ACTING ON YOUR BEHALF
includes you, your agents, your employees, your insurance
companies, their agents, their employees, your attorneys, 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, of public entity.

(d) DOCUMENT means a writing, es defined in Evidence
Code section 250, and Includes the original or a copy of
handwriting, typewriting, printing, photostais, photographs,
electronically stored information, and every other 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 inciudes any PERSON
referred to in Code of Civil Procedure saction 667.7(e)(3).

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

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

Judicial Council under Cade of Civil Procedure section 2033.710;

CONTENTS

4.0 Identity of Persons Answering These interrogatories
2.0 General Background information—individual

3,0 General Background Information—-Business Entity
4.6 insurance

Cc

O

oO

Ol

co

relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone wha simply typed or
reproduced the responses,}

2.0 General Background Information—~Iindividual

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 ptace of your birth.

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

(a) the staie or other issuing entity;

tb) the license number and type; ~

(c) the date of issuance; and

(d) all restrictions.

2.4 Atthe 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
{o) the dates yau livad 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

| 5.0 Reserved}
8.0 Physical, Mental, or Emotional injuries galt employment you Have had Irom ve years before
! 7.0 Properly Damage .
: 8,0 Loss of Income or Earning Capacity Co 227 state:
9.0 Other Damages (a) the name and ADDRESS of each school or other
10.0 Medical History academic or vocational institution you have attended,

11.0 Other Ciaims and Previous Claims
42.0 investigation—General
13.0 investigation—Survelllance
14.0 Statutory or Regulatory Violations
. 15.0 Denials and Speciai or Affirmative Defenses
. 16.0 Defendant's Contentions Personal Injury
417.0 Responses to Request for Admissions

beginning with high school;
(b) the dates you attended; .
(c) the highest grade level you have completed; and
(d) the degrees received,

[128 Have you ever been convicted of a feiony? If so, for

each conviction state:

i 18.0 Reserved} (a) the city and state where you were convicted;
19.0 fReserved} (b) the date of conviction;
20.0 How the Incident Occurred—Motor Vehicle (c) the offense; and
25.0 [Reserved] (d) the court and case number.
30.0 fReserved}
40.0 [Reserved] (7) 29 can you speak English with ease? If not what
50.0 Contract i use?
00 wed] language and dialect do you normally

70.0 Unlawful Detainer [See separate form DiSC-003]
{01.0 Economic Litigation /See separate forn DISC-004]
200.0 Employment Law [See separate form DISC-002}

Family Law [See separate form FL-148]

[1 2.10 can you read and write English with case? If not, what

language and dialect do you normally use?

BISC-OGT (Rew Jancaiy 1, Boa}

FORM INTERROGATORIES-~-GENERAL.

Pago ats2.44 Atthe time of the INCIDENT were you acting as an

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

fa) 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? ff so, for each person state:

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

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

{ce} 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 noty? If

80, for each person state:

{a} the name, ADDRESS, and telephone number;

{0) 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;

(8) the ADDRESS where each substance was used or
taken;

) the name, ADDRESS, and telephone number of each
parson who wes present when each substance was used
ortaken;and

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

3.0 General Background information—Business Entity

Cl

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
40 years and the dates each was used;

{e) the date and place of incomoration;

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

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

3.2 Are you a parinership? if so, state:

(a) the current parinership name:

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

{c} 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.

2.3 Are you a limited ability company? If so, state:

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

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

(0) the date and piace cf 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 California.

DISc-004

2.4 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 daies each was used;

{c) the name and ADDRESS of each joint venturer, and

{d) the ADDRESS of the principal place of business,

0 3.8 Are you an unincorporated association?

If so, state:

{a) the current unincorporated association name;

(b) all other namies 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:
fa) 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.

Ol 8.7 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;

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

(c) ‘state the dates of issuance and expiration.

4.0 Insurance

(C] 41 atthe time ofthe INCIDENT, was there in effect any

policy of insurance through which you were or might be

Insurad in any manner (for example, primary, pro-rata, or

excess liability coverage or medical expense coverage) for

the damages, claims, or actions that have arisen out of the

INCIDENT? [f 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;

(8) 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.

oO 4.2 Ave you self-insured under any statute for the damages,

claims, or actions that have arisen out of the INCIDENT? If
$0, specify the statute.

5.0 [Reserved]
6.0 Physical, Mental, or Emotional Injuries

O 6.4 Do you attribute any physical, menial, or emotional

injuries to the INCIDENT? (if your answer Is “no,” da nat
answer interrogatories 6.2 through 6.7).

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

BISSHST Raw, Tamuney 7, O08)

FORM INTERROGATORIES—-GENERAL

Page 3 ofcI 6.3 Do you sil! have any complaints that you attribute to

the INCIDENT? If so, for each complaint state:

(@} a description;

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

{c) the frequency and duration.

Ces Did you receive any consultation or examination

{except from expert witnesses covered by Code of Civil

Procedure sections 2084.210~-2034.310) or ireaiment from a

HEALTH CARE PROVIDER for any injury you attribute to

the INCIDENT? if so, for each HEALTH CARE PROVIDER

state:

(2) 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 fo dats.

6.6 Have you taken any medication, prescribed or not, as a

result of injuties that you attribute to the INCIDENT? if so,
for each medication state:

(a) ihe name; .

(b) the PERSON who prescribed or furnished it

ic) the date it was prescribed or furnished,

{@) the dates you began and stopped taking if and

(e) the cost to date. .

(Clee 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.
7 Hso, for each service state:

{o) the cost; and
(d) the name, ADDRESS, and telephone number
of each provider.

6.7 Has any HEALTH GARE PROVIDER advised that you

may fequire future or additional treatment for any injuries.
that you attribute to the INCIDENT? ff so, for each injury
state:

fa) 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
treaiment. :

7.0 Property Damage

Co 7.4 Oo you attribute any loss of or damage to a vehicle or

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

property: .

{a) describe the property;

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

U

DISG-601
(c) state the amount of damage you are claiming for gach
itm of praperty and how the amount was calculated; and
(d) ifthe property was sold, state the name, ADDRESS, and
felephone 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 pro