On March 12, 2008 a Exhibit,Appendix was filed involving a dispute between Breckler, Joann, Breckler, Rodrick, and Actuant Corporation, Airgas-Northern California & Nevada, Inc., Air Products And Chemicals, Inc., All Asbestos Defendants, Allied Manufacturing Company, Allied Mfg Co., Inc., Allis-Chalmers Corporation Product Liability Trust, Allsberry Mechanical Corporation, American Conference Of Governmental Industrial Hyg, American Honda Motor Co., Inc., American Plumbing And Heating Supplies, American Plumbing & Heating Supplies, American Standard, Inc., Anderson, Rowe & Buckley, Inc., A.O. Smith Corporation, Asbestos Defendants, Asbestos Manufacturing Company, Auto Friction Corporation, Auto Specialties Manufacturing Company, Baldor Electric Company, Bayer Cropscience, Inc., As Successor To Amchem, B.E.E Industrial Supply, Inc., Bell Asbestos Mines Ltd., Bigge Crane And Rigging Co., Borg-Warner Corporation, Brassbestos Brake Lining Company, Bridgestone Firestone North American Tire, Llc, Bryan Steam Llc, Buckles-Smith Electric Company, Bucyrus International, Inc., Burnham Corporation, Burnham Llc (Fka Burnham Corporation Which Will Do, Burnham Llp F K A Burnham Corporation, Carl N. Swenson Co., Inc., Carrier Corporation, Cbs Corporation, A Delaware Corporation, F K A, Chester C. Lehmann, Co., Inc., Chester C. Lehmann, Co. Inc., Dba Electrical, Chrysler Llc, Clayton Industries, Inc., Cleaver-Brooks, Inc., Consolidated Insulation, Inc., Craftsman Elevators, Inc., Crane Service Corporation, Csk Auto, Inc., Daimlerchrysler Corporation, Dana Corporation, Does 1-8500, Eaton Electrical Inc., Electrical Materials, Inc., Emsco Asbestos Company, Fdcc California, Inc., Fdcc California, Inc.,, Federal-Mogul Asbestos Personal Injury Trust, Fibre & Metal Products Company, Forcee Manufacturing Corporation, Ford Motor Company, Garlock Sealing Technologies, Llc, Gatke Corporation, General Electric Company, General Motors Corporation, Genuine Parts Company, George Rossmann, Inc., Goulds Pumps, Inc., Grinnell Corporation, Grinnell Llc,, Haley Engineering Corporation, Hamilton Sunstrand Corporation, Hanson Permanente Cement, Inc., Hanson Permanente Cement, Inc. Fka Kaiser Cement, Hennessy Industries, Inc., H. Krasne Manufacturing Company, Honda Motor Co., Ltd., Honda North America, Inc., Honda Of America Mfg., Honda Of Canada Mfg., A Division Of, Honda Of South Carolina Mfg., Inc., Hondapower Equipment Manufacturing, Inc., Honda R&D America, Inc., Honda R&D Co., Ltd., Honeywell International Inc., F K A Alliedsignal,, Hurst Boilers, Ingersoll-Rand Company, Jack'S Unlimited, Inc., Jacks Unlimited, Inc., J.T. Thorpe & Son, Inc., Larry Hopkins, Inc., Lasco Brake Products, Lear Siegler Diviersified Holdings Corp., L.J. Miley Company, L.R. Trillo Company, Inc., Madco Welding Supply Co, Inc., Madco Welding Supply Co., Inc., Maremont Corporation, Mcmaster-Carr Supply Company, Medical Counsel Berry & Berry, Metropolitan Life Insurance Company, Molded Industrial Friction Corporation, Morton International, Inc., National Transport Supply, Inc., Nissan Forklift Corporation, Nissan Motor Co., Ltd., Nissan North America, Inc., North America And Nissan Technical Center North, Owens-Illinois, Inc., Pacific Scientific Company, Parker Hannifin Corporation, Peebels Equipment Company, Placerville Auto Parts, Inc., Plant Insulation Company, Pneumo Abex Llc, Pratt & Whitney, Quintec Industries, Inc., Ray L. Hellwig Mechanical Co. Inc., Ray L. Hellwig Plumbing & Heating, Inc., R.E. Cuddie Co., Redwood Plumbing Co., Inc., Riteset Manufacturing Company, Robert Bosch Corporation, Robert Bosch Llc, Rockwell Automation, Inc., Rossendale-Ruboil Company, Rudolph And Sletten, Inc., San Jose Boiler Works, Inc., Sasco, Schneider Electric Usa, Inc., Scott Co. Of California, S. H. Coley Construction Company, Sikorsky Aircraft Corporation, Silver Line Products, Inc, South Bay Electric, Southern Friction Materials Company, S & S Welding, Inc., Standard Motor Products, Inc., Standco, Inc., Stuart-Western, Inc., Super Shops, Inc., The Budd Company, The Jack Dymond Company, The Jack Dymond Company., Toyota Motor Sales U.S.A., Inc., Trane Us Inc. Fka American Standard Inc., Underwriters Laboratories Inc., Union Carbide Corporation, Unique Electronic Transfer And Storage, Inc., Unique Electronic Transfer & Storage, Inc., United Technologies Corporation, Universal Friction Materials Company, U.S. Spring & Bumper Company, Viacom, Inc., Westburne Supply Inc., Westburne Supply, Inc., Wheeling Brake Block Manufacturing Company, W. L. Larsen, Inc., W.L. Larsen, Inc., W.W. Grainger, Inc., York International Corporation, for civil in the District Court of San Francisco County.
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28 Hopkins & CARLEY ATTouNeYs AT LAW SaN Jose Eugene Ashley (State Bar No. 171885) Tina L. Naicker (State Bar No. 252766) HOPKINS & CARLEY A Law Corporation The Letitia Building 70 South First Street San Jose, CA 95113-2406 mailing address: P.O. Box 1469 San Jose, CA 95109-1469 Telephone: (408) 286-9800 Facsimile: (408) 998-4790 Attorneys for Defendant CHESTER C. LEHMANN CO., INC. dba ELECTRICAL DISTRIBUTORS CO. ELECTRONICALLY FILED Superior Court of California, County of San Francisco JUN 07 2011 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO RODRICK BRECKLER and JOANNE BRECKLER, Plaintiffs, Vv. ASBESTOS DEFENDANTS (B P), Defendants. ASBESTOS CASE NO. CGC-08-274566 EXHIBIT F TO DECLARATION OF TINA NAICKER IN SUPPORT OF DEFENDANT, CHESTER C. LEHMANN CO., INC. DBA ELECTRICAL DISTRIBUTORS CO.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Date: June 21,2011 Time: ~9:00-em, 430 an— Dept: 220 Judge: Honorable Harold Kahn Complaint Filed: March 12, 2008 Trial Date: July 11, 2011 EXHIBIT F TO DECLARATION OF TINA NAICKER,e “ oo FD N DOD HO RB WwW DY = IN THE SUPERIOR IN AND FOR RODRICK BRECKLER and JOANN BRECKLER, Plaintiffs, vs. ASBESTOS DEFENDANTS, . Defendants. COURT OF THE STATE OF CALIFORNIA THE COUNTY OF SAN FRANCISCO COPY No. 274566 ---000--- TELEPHONE DE POSITION OF RODRICK BRECKLER ( Taken b Pv cla) Notas clay Cade fat) VOLUME VI Pages 615 to 742) efore JANET M. MCCLEARY CSR No. 3008 April 11, 2011 One Kaiser Plaza, Suite 505 Oakland, California 94612 Ph 510-451-1580 Fax 510-451-3797 www.aikenwelch.comoO 60 DN DW HO FF Be NB = Nb MOM MW HY BH YW BA @ B&B a a ew ow aw On ao fF S&S YB =A DGD 0 OD NHN DW & B WwW DB A 623 RODRICK BRECKLER, Previously sworn as a witness, testified as follows: EXAMINATION BY MR. HOEFS: Q@. We are on the record. Mr. Breckler, can you hear me okay? A. Yes, sir, I can. Q. I just want to remind you that you are still under oath from your previous depositions. Do you understand that too? A. Yes, sir, I do. Q. Are you okay to take your deposition today? A. Best I can be. Q. Have you taken any medications in the last 24 hours that may affect your ability to recall events? A. I am under medications. I am not sure. Some things cause drowsiness, some things cause dizziness, some say don't drive when taking them, like any medication bottle says any more, but whether they affect me or not, I don't think so. Q. So you don't think your medication will affect your ability to take your deposition today? A. No. Q. Will it affect your ability to recall events and be able to testify truthfully? Aiken Welch Court Reporters Rodrick Breckler 04/11/2011oo 0 ON OD mH BP ow DB N RP NN NR HY Be me Ba eB An a8 an an An 8k a fF 8B N + 59D © ON DAA GAT Q. Let me ask it this way. Did Varian receive electrical equipment from other companies besides Buckles-Smith at Varian between 1989 and 1997? A. Yes. Q. What were the names of those other companies that supplied electrical equipment to Varian? MR. SLONIKER: Asked and answered, THE WITNESS: I don't recall specifically today which suppliers delivered what back then. BY MR. HOEFS: Q@. But you do know that there were other suppliers besides Buckles-Smith that supplied electrical equipment to Varian? MS. AYAZ: Asked and answered, overbroad. BY MR. HOEFS: Q. You can answer the question. A. Yes. Q. When those electrical suppliers dropped off equipment at Varian, the supplies went into a warehouse, is that correct? MR. SLONIKER: Assumes facts, overbroad. THE WITNESS: No, that's not true. BY MR. HOEFS: Q. Where did the supplies go? A. Either directly delivered to the job site at Aiken Welch Court Reporters Rodrick Breckler 04/11/2011oo 0 ODN DW OHO F&F WH DB A NHN NM NY BY BY YY @B Bo an aw we Bw a Bb Bn a 8B wo Ne > 5S 6 @&@ NHN OD GD Bw) Hw A 648 Q. Do you understand my question? A. I do, but it has been so many years back, at this point I don't recall. I would be guessing. But invoices would clearly show date and times related to the jobs that we did there. MR. SLONIKER: Move to strike nonresponsive portions, BY MR. HOEFS: Q. In between 1989 and 1997, can you tel? me how many times you worked with asbestos wire that you believe was supplied by Buckles-Smith? MR. SLONIKER: Objection to the use of the word "believe." THE WITNESS: I don't recall. BY MR. HOEFS: Q. Do you recall how many times you worked with asbestos wire that you believe to be asbestos supplied by other electrical suppliers besides Buckles-Smith? (Interruption ) Can you tell me how many times that you worked with this alleged asbestos wire supplied by other electrical contractors besides Buckles-Smith? MR. SLONIKER: Vague as to time. MR. HOEFS: Between 1989 and 1997. THE WITNESS: At this point in time I don't Aiken Welch Court Reporters Rodrick Breckler 04/11/2011oO 0 ON DO HA RP WwW PP = «4 recall. BY MR. HOEFS: Q. Were there others at Varian present when you worked with this asbestos wire supplied by either Buckles-Smith or other electrical suppliers? A. Yes. Q. What exactly did you do with this wire when you worked hands on with it between 1989 and 1997; specifically, the Buckles-Smith wire that was supplied? A. What type of wire are we talking about? Q. We were talking about this asbestos wire that you allege to have worked with. A. That wire was used in high-temp applications and the retort furnaces, the backfiring furnaces, bake-out stations, Fisher furnaces. That is the only thing that we could use that could withstand the heat requirements that it was tied into. Q. Respectfully request nonresponsive portions of that answer be stricken. I just want to know what you did with this wire, not what it was used for. What you did with this wire. A. Well, we would -- MR. SLONIKER: Vague as to what he did. BY MR. HOEFS: Q. Can you describe what you did with this wire to Aiken Welch Court Reporters Rodrick Breckler 04/11/2041653 Between 1989 and 1997, can you distinguish between breakers -- let me ask you this. Were breakers supplied by Buckles-Smith to Varian between 1989 and 1997? Were breakers supplied by other electrical suppliers besides Buckles-Smith between 1989 and 1997? A. I need to clarify something here. You keep hanging on '89 and '97. I mean Varian -- I can't be specific to Buckles-Smith other than '89 to ‘97. Electrical suppliers. And I would also, to my best recollection, say that Buckles-Smith, you Know, was a supplier to Varian prior to 1989. You know, my involvement, when I returned to Varian in 1984, you know, from Placerville. $o I am trying to give you specific years, and you keep tagging on this ‘89 to '97 period of time. And I don't know that that is correct. Q@. Well, when we first started the deposition we walked through a timeframe. And you mentioned Loma Prieta earthquake as a milestone date. Now, are you saying now that you recall Buckles-Smith being a supplier prior to 1989? Because earlier you said you did not recall Buckles-Smith being a supplier prior to the Loma Prieta earthquake. A. I am thinking here. So many years back. I try Aiken Welch Court Reporters Rodrick Breckler 04/11/2014oO 0 ON OD OM RF BOOB DP Me YM YM YW HY |& Bw s&s B&B B&B B&B An ow BA oa ao fF 6 Be = FD © @a NIN DW HW BP HO DB |B to use Loma Prieta as a focal point in dealings. I don't recall. Q. So we are going to keep to this 1989 to 1997 timeframe. “So between 1989 and 1997, did other electrical suppliers supply breakers to Varian? A. Yes, Q. Are you able to distinguish between breakers supplied by Buckles-Smith and breakers supplied by others? MR. SLONIKER: Misstates prior testimony. THE WITNESS: I don't recall. BY MR. HOEFS: Q. Do you know any of the manufacturers of the breakers supplied by Buckles-Smith? MR. SLONIKER: Vague as to time. BY MR. HOEFS: Q. Between 1989 and 1997? A. GE, Square D, Westinghouse. Q. Do you know any of the manufacturers of the breakers supplied by, manufactured by -- excuse me, strike that. Do you know the manufacturers of breakers supplied by other electrical suppliers between 1989 and 1997? MS. LEE: Calls for speculation, asked and Aiken Welch Court Reporters Rodrick Breckler 04/11/2011answered. THE WITNESS: I don't quite understand what you are asking there. BY MR. HOEFS: Q You identified here manufacturers of breakers -- General Electric, Square D, Westinghouse -- supplied by Buckles-Smith. Do you know other electrical suppliers, what manufacturers of breakers did they supply? A. I also remember Allen-Bradleys too, and components. And that would have been -- the other electrical suppliers supplied the same. Q. Okay. So ona job site? MS. LEE: Calls for speculation. BY MR. HOEFS: Q. On a job site, if you were -- did you work with breakers at Varian -- A. Yes. Q. -- between 1989 and 1997? A. Yes. Q. Did you work with General Electric breakers? A. Yes, Q. Would you be able to tell me whether or not you worked with breakers that were supplied by Buckles-Smith or by other electrical suppliers to Aiken Welch Court Reporters Rodrick Breckler 04/11/2014oO 0 OD ND HO FF &H BD = NM NY NM NY KH SB SB a ew eB a wn Bn Bn a fF 6 NH = GD © DN DW HD BR wD BH 3B 659 Q. Sir, you identified working with contactors. Is that correct? A. Yes. Q, Between 1989 and 1997 did Buckles-Smith supply contactors to Varian? A. Yes. MR. SLONIKER: Ignores prior testimony. BY MR. HOEFS: Q. Did other electrical suppliers supply contactors to Varian? A. Yes. Q. Do you know the manufacturers of these contactors? A. GE, Westinghouse, Square D, Allen-Bradley. For some reason, the name Zinsco comes to mind in the later years there. Q. Do you know the spelling of that? I thought I heard Zinsco. A. Zinsco. I think it was ZINCO. Q. Did you work with these contactors while you were at Varian between 1989 and 1997? A. Yes. Q. Are you able to identify the electrical supplier of the contactors that you worked with between 1989 and 1997 while you were at Varian? Aiken Welch Court Reporters Rodrick Breckler 04/11/2011oa nan BR Ww WD 660 MR. SLONIKER: Ignores prior testimony. THE WITNESS: At the current date, I don't recall. BY MR. HOEFS: Q. Did others work in your presence with contactors while you were at Varian between 1989 and 1997? A. Yes. Q. Can you identify the electrical suppliers of the contactors that others worked in your presence between 1989 and 19977 A. I don't recall. Q. You had mentioned that conduit was also supplied by electrical suppliers. Was Buckles-Smith a supplier of conduit between 1989 and 1997? A. Yes. MR. SLONIKER: Ignores prior testimony. BY MR. HOEFS: Q. Were other electrical suppliers suppliers of conduit between 1989 and 1997 to Varian? MR. SLONIKER: Objection. Asked and answered. THE WITNESS: Yes. BY MR. HOEFS: Q. Do you know the manufacturers of the conduit that was supplied by Buckles-Smith or other electrical Aiken Welch Court Reporters Rodrick Breckler 04/11/2014oO no fF WwW LH 662 supplier of conduit that others worked with in your Presence between 1989 and 1997 while you were at Varian? MR. SLONIKER: Vague as to “in presence." THE WITNESS: I don't recall. BY MR. HOEFS: Q. You also talked about equipment called relays. Do you recall if Buckles-Smith was a supplier of relays to Varian between 1989 and 19977 MR. SLONIKER: Ignores prior testimony. THE WITNESS: Yes. BY MR. .HOEFS: Q. Do you recall if other electrical suppliers Supplied relay equipment between 1989 and 1997? MR. SLONIKER: Vague as to "relay equipment." Objection. Asked and answered. THE WITNESS: Yes. BY MR. HOEFS: Q. Are you able to identify the manufacturer of the relay equipment that was supplied to Varian between 1989 and 1997 by Buckles-Smith or other electrical suppliers? MS. LEE: Asked and answered, ignores prior testimony, calls for speculation. Lee, THE WITNESS: I don't recall. Aiken Welch Court Reporters Rodrick Breckler 04/11/2011666 style to lugs which were set, screw-type lugs, or even the small wire used them. We actually had a slotted set screw or Allen wrench style screw or even a wrench head set screw in them to large solder connectors and large crimp connectors for the cables and wire. Q. Was Buckles-Smith a supplier of connectors to Varian between 1989 and 1997? MR. SLONIKER: Ignores Prior testimony. Asked and answered. THE WITNESS: Yes, BY MR. HOEFS: Q. supplied connectors to Varian between 1989 and 1997? A. Q. that were supplied to Varian between 1989 and 1997? Were there other electrical suppliers that Yes. Do you know the manufacturers of the connectors MS. LEE: Asked and answered, overbroad, calls for speculation, ignores prior testimony. Lee. THE WITNESS: One supplier, besides the ones I mentioned to you, Greenly was a supplier of connectors as well. But they didn't supply breakers and contactors, but they did Supply connectors. BY MR. HOEFS: Q. Do you know the manufacturers of any of these connectors supplied by Buckles-Smith, Greenly or any Aiken Welch Court Reporters Rodrick Breckler 04/11/2011oOo “— co ~ a a - wo nN = Nom NM NR NR NY Be Bw Be Bw nw Bw kw A An 8 oF OP Ny = FD o& @NGDaR BSP DT prior testimony. THE WITNESS: Yes. BY MR. HOEFS: Q. Did other electrical suppliers also supply motors to Varian between 1989 and 1997? A. Yes. Q. Can you identify the manufacturers of any electrical motors that were supplied by electrical suppliers to Varian between 1989 and 19972 A. Square D, Westinghouse, GE, Dayton, Bodine. Q. Did you work with electrical motors while at Varian between 1989 and 19977 A. Yes, and prior to that when I was in the vacuum -- when I was a vacuum tech. I would take motors apart and rebuild them. Replace the bearings and the motor start contactors in them. So yes. Q. Are you able to identify the electrical supplier of these electric motors that you worked with at Varian between 1989 and 19977 MS. AYAZ: Lacks foundation. MR. SLONIKER: Ignores prior testimony. MS. LEE: Join. THE WITNESS: I don't recall. BY MR. HOEFS: Q. Do you recall if others worked in your presence Aiken Welch Court Reporters Rodrick Breckler 04/11/2011oOo Oo 2 NN DW GO Bw DH = N MR N NH NY NY Bs we a nw aw a au an a Fs 6 Me = 9D GB ODN @D aA R wD HH A and answered. THE WITNESS: Yes. BY MR. HOEFS: Q. Did other electrical suppliers besides Buckles-Smith supply junction boxes to Varian between 1989 and 1997? A. Yes. Q. Do you know the manufacturers of the junction boxes that were supplied to Varian by these electrical suppliers between 1989 and 1997? MS. LEE: Asked and answered, ignores prior testimony, calls for speculation, Lee. THE WITNESS: As I said earlier, Square D, GE, Westinghouse, Allen-Bradley. As I recall. BY MR. HOEFS: Q. Did you work with these junction boxes while you were at Varian between 1989 and 1997? MS. LEE: Same objections. Lee. THE WITNESS: Buckles-Smith, is that your question? BY MR. HOEFS: Q. No. I am asking, did you work with junction boxes while you were at Varian between 1989 and 19972 A. I worked with junction boxes and electrical components way prior to that date. And when I was a Aiken Welch Court Reporters Rodrick Breckter 04/11/2011mom oO BB ww) KD 674 Q. The only one not on my list here is wire lugs. What are wire lugs? A. That's how you would connect the wire from small to large in some cases. From smalier wire, like THHN, your breaker sets are in. The breakers themselves would have a French connector built right into it. But in contactors and larger breakers, you had to use lugs. Small lugs down to the 18-gauge wire. Even smaller -- 22-gauge wire up to 2, 3 ott wire. Use large lugs with set screws as I mentioned earlier. Q@. And between 1989 and 1997, did Buckles-Smith supply wire lugs to Varian? A. Yes. Q. Did other electrical suppliers supply wire lugs to Varian between 1989 and 1997? A. Yes. Q. Can you identify the manufacturers of wire lugs that were supplied to Varian between 1989 and 1997 by any electrical supplier? A. I stated that earlier that the one I added to the list of Square D and Westinghouse and GE was Greenly connectors. Q. Did you work with wire lugs while you were at Varian between 1989 and 1997? A. Yes. Aiken Welch Court Reporters Rodrick Breckler 04/11/2011_ oo 0 © NN DO oH BB WH) Ww NH RP NM NR MY Ye B= Be eB aw ew a nw AW An a fF © Nb = 5 6 OBO NN ®@D aR DPT 742 STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) I, JANET M. MCCLEARY, do hereby certify: That RODRICK BRECKLER, in the foregoing deposition named, was present and by me sworn as a witness in the above-entitled action at the time and place therein specified; That said deposition was taken before me at said time and place, and was taken down in shorthand by me, a Certified Shorthand Reporter of the State of California, and was thereafter transcribed into typewriting, and that the foregoing transcript constitutes a full, true and correct report of said deposition and of the Proceedings that took place: IN WITNESS WHEREOF, I have hereunder subscribed my hand this 27th day of April 2011. Nout mn Pr" beary, JANET M. “lh Jn No. 3008 Stéte of California Aiken Welch Court Reporters Rodrick Breckler 04/11/2011