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  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview 
						
                                
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                                GORDON & Rees, LLP
ATTORNEYS AT LAW
EMBARCAOERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR

‘SAN FRANCISCO, CA 94111

JACK B. MCCOWAN, JR. (SBN: 062056)
ANDREW W. CARY (SBN: 206799)
GORDON & REES LLP

275 Battery Street, Suite 2000

San Francisco, CA 94111

Telephone: (415) 986-5900

Facsimile: (415) 986-8054

Attorneys for defendant
ROBERT BOSCH LLC

RODRICK BRECKLER and JOANN
BRECKLER,

Plaintiffs,

vs.

ASBESTOS DEFENDANTS (BoP)

Defendants.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

MAY 17 2011

Clerk of the Court
BY: VANESSA WU
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

CASE NO. CGC-08-274566

DECLARATION OF GEOFFREY
DAMEWOOD IN SUPPORT OF
DEFENDANT ROBERT BOSCH LLC’S
MOTION FOR SUMMARY JUDGMENT

Accompanying Papers: Notice of motion
and motion; memorandum of points and
authorities; declaration of Andrew W. Cary;
declaration of Brian Malson; separate
statement of undisputed material facts; and
[proposed] order

Nee

|) declaration.

Date: June 1, 2011

Time: 9:30 a.m.

Dept. 220

Judge: Hon. Harold E. Kahn

Trial Date: July 11, 2011
Complaint Filed: March 12, 2008

I, Geoffrey Damewood, declare as follows:
1. Jam currently Director of Packaging Operations for Robert Bosch LLC, f/k/a
Robert Bosch Corporation (“Bosch”). [ have personal knowledge of the facts stated in this

2. J have been employed by Bosch since 1987 and have held a variety of positions in

Bosch’s Packaging and Distribution Center in Atlanta, Georgia (“Distribution Center”), which is

1

DECLARATION OF GEOFFREY DAMEWOOD IN SUPPORT OF
DEFENDANT ROBERT BOSCH LLC’S MOTION FOR SUMMARY JUDGMENT ~Goroon & Rees, LLP
ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
‘SAN FRANCISCO, CA 94111

275 BATTERY STREET, TWENTIETH FLOOR

oe UND HW PP Ww WV

10

responsible:for the distribution of all of Bosch’s parts sold io vehicle manufacturers for service,
otherwise referred to as “original equipment service or OES parts”. OES parts are those that are
sold to manufacturers to be distributed to their dealerships to be provided to customers as
replacement parts for original equipment. I have held the positions of Associate Engineer (1987
until 1990), Senior Engineer (1990 until 1996), Manager of Packaging Operations and
Engineering (1996 until 2001) and Director of Packaging Operations (2001 to present).

3. Thave reviewed portions of the transcript from the deposition of Roderick
Breckler in which Mr. Breckler talks about his alleged use of or contact with Bosch brand brake
parts, clutch components, exhaust gaskets and heater boxes during his employment at Gus
Mozart Porsche in 1969. I have also read the testimony in which Mr. Breckler claims that he
installed Bosch or Volkswagen brand brakes on his 1985 Volkswagen Cabriolet in 1992, 1995 or
1996 and 1998, and that he installed Bosch or Volkswagen brand clutches on his 1985
Volkswagen Cabriolet in 1995. In addition, | have read the portion of the deposition transcript in
which Mr. Breckler claims that he may have removed Bosch brand brakes from a 1970 Beetle.on
one occasion sometime between 1982 and 1984.

4, Based upon my knowledge and experience, Bosch did not séll brake friction pacts
prior io 1996. In 1996, Bosch acquired assets of Allied-Signal Corporation. After that time.
Bosch began selling certain brake. friction parts. Bosch has regularly maintained electronic
records of the OES parts distributed and sold through the Distribution Center, Bosch has not
sold OES parts directly to vehicle manufacturers’ dealerships during the period of time that I
have been employed with the company. Bosch’s electronic and paper records, maintained in the
ordinary course of business, do not contain any entries of sales or shipment of brake friction
parts to Volkswagen at any time prior to 2000. Therefore, Bosch’s records show that Bosch did

not sell or ship brake friction parts to Volkswagen at any time prior to 2000, The records are

2
DECLARATION OF GEOFFREY DAMEWOOD IN SUPPORT OF
DEFENDANT ROBERT BOSCH LLC’S MOTION FOR SUMMARY JUDGMENToe YM AH YW F&F BH YY

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= oS

GoRoon & Rees, LLP
ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
‘SAN FRANCISCO, CA 94111

28

BOSCNOSASI30761298v.1

consistent with my memory during this time that Bosch did not sell or ship brake friction parts to
Volkswagen prior to 2000. ,
declare under penalty of perjury under the laws of tlié State of California that the.

foregoing is true and correct,

Dated: May 3 2011

ull, Wacecl DAMEWOOD

3

DECLARATION OF GEOFFREY DAMEWOOD iN SUPPORT OF
DEFENDANT ROBERT BOSCH LLC’S MOTION FOR SUMMARY JUDGMENT