On December 17, 2010 a Party Discovery was filed involving a dispute between Ross, Jean, Ross, Robert, and Acco Engineered Systems, Inc., Advanced Mechanical, Advance Mechanical Contractors, Inc., Air Systems Mechanical Contractor, A & K Heating Company, Inc., Albay Construction Company, Allen-Simmons Heating & Sheet Metal Company Inc., Allied Fire Protection, Allied Sprinkler Company, Inc., Allsberry Mechanical Corporation, Anderson, Rowe & Buckley, Inc., Associated Insulation Of California, A. Teichert & Son, Inc., Balliet Bros. Construction Corporation, Banner Drywall & Painting Co. Inc., Barnes Construction Co., Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bell Products Inc., Beta Mechanical Contractors, L.P., Bragg Investment Company, Inc., Cahill Construction Co., Inc., Cahill Construction Services, Inc., Cahill Contractors, Inc., California Drywall Co., Castro Construction, Inc., C.C. Moore & Co. Engineers, Cincinnati Valve Company, Cjr Plastering, Clausen-Patten, Inc., Clausen-Patten, Inc., A Dissolved Corporation, Climate Air, Inc., Climate Control Co., Inc., Collins Electrical Company, Inc., Commair Mechanical Services, Consolidated Insulation, Inc., Cosco Fire Protection, Inc., Cosco Sprinkler, Critchfield Mechanical, Inc., C & R Plastering, Inc., Csk Auto, Inc., Cupertino Electric, Inc., Delucchi Sheet Metal Works, Dilland Sederberg Plumbing, Does 1-8500, Domco Products Texas Inc., Domco Products Texas, L.P., Donovan Construction, Dorn Refrigeration, Dorn Refrigeration And Air Conditioning, Dpr Construction, Duro Dyne Corporation, D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Emil J. Weber Electric Co., Erwin Mechanical Inc., Ex- Fme, Inc. (Fka Fischbach And Moore Electric,, Fairmont Hotel Company, Fluor Corporation, Foley Electric Co., Foley Electric, Inc., Fuller Floors, General Mills, Inc., Giampolini & Co., Graybar Electric Company, Inc., Hanson Permanente Cement, Inc. Formerly Known As, Harold Beasley Plumbing And Heating, Inc., Harry Lee Plumbing & Heating, H & C Investment Associates, Inc., Henry C. Beck Company, Imperial Plastering & Drywall, Insulation Specialties, Inc., James A. Nelson Co., Inc., Johnson Controls, Inc., Jones Plastering Company, Joseph Bruno Sheet Metal Co., Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, J.W. Mcclenahan Company, Inc., Kentile Floors, Inc., Laub Sheet Metal Works, Lone Star Industries, Inc., Mack Construction Co., Magee, Robert, Malm Metal Products, Inc., Marine Engineering And Supply Company, Marshco Auto Parts, Inc., Mattock Construction Company, Mcclure Electric, Inc., Metropolitan Life Insurance Company, Michael Brothers, Midstate Mechanical, Inc., Mitchell Bros. Truck Lines, Inc., Monsanto Company, Sued As "Pharmacia Corporation", Oakfabco, Inc., Ortho-Craft, Pacific Fireproofing, Pacific Mechanical Corporation, Parker Insulation Contracting & Supply Co. Inc., Perini Corporation, Pharmacia Corporation, Which Will Do Business In, Pribuss Engineering, Pribuss Engineering, Inc., Raymond Interior Systems-North, Red Top Electric Co. Emeryville, Inc., Robert Magee, Rollie R. French, Inc., Rollins Construction, Rountree Plumbing & Heating Inc., Scott Co. Of California, S F L, Inc., S.J. Amoroso Construction Co., Inc., Slakey Brothers, Inc., Sugden Engineering Co., Swinerton Builders, Temper Insulation, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The W.W. Henry Company, Tuttle And Bailey Corp, Van Mulder Sheetmetal, Van-Mulder Sheet Metal, Inc., Walnut Creek Sheet Metal, Furnace & Air, W.C. Thomason, W.C. Thompson, Webcor Builders, Inc., Westburne Supply, Inc., Willard Electric, Wright Schuchart Harbor, Wright Schuchart Harbor Company, Ross, Jean, Ross, Robert, for civil in the District Court of San Francisco County.
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oyu Dd WILLIAM M. HAKE, ESQ. (SBN 110956) Bill. Hake@wilsonelser.com ELECTRONICALLY JEREMY C. BERLA, ESQ. (SBN 267331) FILED Jeremy.Berla@wilsonelser.com Palplardat lebceleh od coda ROCKFORD M. HEARN, ESQ. (SBN 269074) County of oie Frevicteco Rockford. Hearn@wilsonelser.com WILSON, ELSER, MOSKOWITZ, 08/13/2015 EDELMAN & DICKER LLP BY:RONNIE OTERO 525 Market Street, 17th Floor Deputy Clerk San Francisco, CA 94105-2725 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Defendants ADVANCE MECHANICAL CONTRACTORS, INC. ANDERSON, ROWE & BUCKLEY, INC. BELL PRODUCTS, INC. COLLINS ELECTRICAL COMPANY, INC. EMIL J. WEBER ELECTRICAL COMPANY, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS AND JEAN ROSS, Case No.: CGC-10-275731 Plaintiffs, EXHIBIT D TO DECLARATION OF JEREMY C. BERLA IN SUPPORT OF vs. JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE EXPECTED TRIAL C.C. MOORE & CO., ENGINEERS, et al., TESTIMONY AND DEPOSITION TESTIMONY OF DR. DAVID Defendants. SCHWARTZ, OR IN THE ALTERNATIVE, REQUEST FOR AN EVIDENCE CODE SECTION 402 HEARING Complaint: December 17, 2010 Trial Date: August 10, 2015 1 EXHIBIT D TO DECLARATION OF JEREMY C. BERLA IN SUPPORT OF JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE EXPECTED TRIAL TESTIMONY AND DEPOSITION TESTIMONY OF DR. DAVID SCHWARTZ, OR IN THE ALTERNATIVE, REQUEST FOR AN EVIDENCE CODE SECTION 402 HEARING 1425652v.1EXHIBIT DIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES ~--000--- LAOSD ASBESTOS CASES JCCP No. 4674 LARIS SPATES and SONJA SPATES, Plaintiffs, vs. LASC No. BC 493752 AMCORD, INC., et al., Defendants. TELEPHONIC DEPOSITION OF DAVID SCHWARTZ, M.D. VOLUME II (Pages 39 through 69) Taken before MICKELE ZRONEK CSR No. 12242 January 17, 2014 Aiken Welch Court Reporters Fi One Kaiser Plaza, Suite 250 Neer] Oakland, California 94612 Wi itag (510) 451-1580/(877) 451-1580 feiss Fax: (510) 451-3797 pdabeaodaaid www.aikenwelch.comTELEPHONIC DEPOSITION OF DAVID SCHWARTZ, M.D. BE IT REMEMBERED, that pursuant to Notice, and on the 17th day of January 2014, commencing at the hour of 5:02 p.m., before me, MICKELE ZRONEK, a Certified Shorthand Reporter, State of California, telephonically appeared DAVID SCHWARTZ, M.D., produced as a witness in said action, and being by me first duly sworn, was thereupon examined as a witness in said cause. ---000--- APPEARANCES (All appearances are telephonic.) For the Plaintiffs: GARY BRAYTON Brayton Purcell 222 Rush Landing Road Novato, California 94948-6169 For the Defendant CalPortland Company: ROBERT BERKES Berkes, Crane, Robinson & Seal 515 South Figueroa Street, Suite 1500 Los Angeles, California 90071 For the Defendant Highland Stucco and Lime Products, Inc.: DREXWELL JONES Buty & Curliano LLP 555 12th Street, Suite 1280 Oakland, California 94607 Aiken Welch Court Reporters David Schwartz, MD 01/17/2014oOo © ON OD HO RF WN = yo NM MY NY NY NY B= BSB ea a an a a aw An A a F © Nb = FD O© ww N DW HO KR WO ND = MR. BERKES: Mr. Brayton, I understand you're agreeable to having Dr. Schwartz sworn outside the presence of the court reporter. Correct? MR. BRAYTON: Certainly, yes. MR. BERKES: Okay. Go ahead, Mickele. DAVID SCHWARTZ, M.D. sworn as a witness, testified as follows: EXAMINATION BY MR. BERKES: Q. Good afternoon, Dr. Schwartz. We're here to resume your deposition in the Laris Spates matter. Is that your understanding of what we're doing this afternoon? A. Yes. Okay. Doctor, have you had a chance to see any written transcript of your initial session? A. I have not. Q. Have you discussed this case -- the substance of this case or your opinions with anyone since the last session of your deposition concluded? A. No. Q. Have you been sent any additional records or materials to review since your last deposition in this case? A. No. Aiken Welch Court Reporters David Schwartz, MD 01/17/2014oc o0©C ON OD OD Fw mb MW HY DY NY HB B Ba Ba a Ba es a a a A a BF OO Yb = GD O© ® N ODO BW DY = him for potential recurrence of the lung cancer. Q. Once Mr. Spates reaches five years post surgery, which I guess would be in 2017, January, assuming no recurrence, would you expect that his follow-up care would continue at the same rate or would it drop? It would drop. And so it would be 5,000 per year up until 2017? Yes. A Q. A. Q And then, after 2017, what would it be? A. It would probably be a couple of thousand dollars every other year to follow him for -- for asbestos -- other forms of asbestos-related lung disease. Q. Okay. Okay. And, Doctor, what I'm going to do now is simply ask you -- this case is set for trial on Tuesday of next week. No one really knows how quickly these things will get going. But do you -- is there any reason -- assuming that this case is -- goes to trial between now and, say, the middle of March, is there any reason why you would not be able to come to trial to testify in this case? A. No, I think I'd be able to come to trial. Q. Okay. And so is your -- other than maybe specific dates that you're not available because of a meeting or some other commitment, as a general rule, are you generally available to come to trial and testify Aiken Welch Court Reporters David Schwartz, MD 01/17/2014oO © O@ NN DO oO RF WO BP | by = between now and -- and -- through March? A. I mean, we'd have to look at specific dates but yes, yes. Q. Sure. But other than specific dates, generally, you're available? A. Yes. Q. Okay. And have you made any specific arrangements with the Brayton firm to cut back on the work that you are doing for them? MR. BRAYTON: Vague. THE WITNESS: No, I have not. BY MR. BERKES: Q. Have you ever told the Brayton firm in the last, say, six months that you will not be available to assist them in cases in which you were previously retained and deposed? A. I told them that I was not comfortable supporting cases outside my areas of expertise, which are lung disease related to asbestos-related exposure -- asbestos exposures. But other than that, no, I have made myself available. Q. Okay. Doctor, in the interest of time, those are all the questions I have. I don't know -- I do have another set of questions that would assume that Mr. Spates' lung cancer returned. Aiken Welch Court Reporters David Schwartz, MD 01/17/2014oC 0 OD NO HO BF WN A yb MW NY DY NY NH B Bsa sas Ba a we a an a a £ © Nb = GC © @N OD HO FB Ww NH = Let me just ask you this question. Have you calculated -- or done any calculations for future paid medical expenses, not billed but paid, if one assumes that Mr. Spates' cancer returned? MR. BRAYTON: It's an incomplete hypothetical. But go ahead. THE WITNESS: I'm not sure I understand your question. BY MR. BERKES: Q. Okay. I had asked you a series of questions about what the paid medical expenses would be if we assumed that Mr. Spates' cancer did not return. And you had told us -- you gave us a 5,000 dollar a year figure for up to 2017 and then 2,000 every other year to monitor for asbestos disease in the future. My -- my question is have you done a calculation that you're prepared to tell us about today about future paid medical expenses if Mr. Spates' cancer does return. MR. BRAYTON: I'11 renew the objection that it's an incomplete hypothetical and that because there are various scenarios that he could contemplate regarding a recurrence that it calls for speculation. MR. BERKES: And I agree with that -- and I agree that there are different variables. And that's why I want to know whether he's done any calculation under Aiken Welch Court Reporters David Schwartz, MD 01/17/2014oc © ON OD HO FB WD THE WITNESS: So this -- this should be billed to Robert B-E-R-K-E-S? your tax MR. BERKES: Correct. That's correct, Doctor. MR. BRAYTON: Okay. Let's go off the record. MR. BERKES: We'll get you paid. And make sure ID is on whatever you send me. THE WITNESS: Okay. I'm sending it right now. MR. BERKES: Okay. THE WITNESS: Okay. MR. BRAYTON: Thank you, all. (Whereupon, the deposition was adjourned at 5:44 p.m.) (Exhibit F was marked for identification after the deposition.) Aiken Welch Court Reporters David Schwartz, MD 01/17/2014oO ON DO oO KR Ww DY = my DMO NHB NHB YB NO BS Ba Bae wae we we we we Hw a a F WOW NH = 0G O© DB nN DOD TO FF WwW DY = 69 REPORTER'S CERTIFICATE I, MICKELE R. ZRONEK, do hereby certify: That DAVID SCHWARTZ, M.D., in the foregoing deposition named, was by me sworn as a witness in the above-entitled action at the time therein specified; That said deposition was taken before me at said time, 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 22nd day of January 2014. _ Miche. Zam h A MICKELE R. ZRONEK, CSR No. 12242 State of California Aiken Welch Court Reporters David Schwartz, MD 01/17/2014