Motion-Secondary: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                Eugene C. Blackard Jr. (Bar No. 142090)
Jocelyn M. Soriano (Bar No. 201169)

Jasun C. Molinelli (Bar No, 204456) ELECTRONICALLY

jmolinelli@archernorris.com .

ARCHER NORRIS FILED

A Professional Law Corporation Superior Court of California,

2033 North Main Street, Suite 800 County of San Francisco

Walnut Creek, Gailomia 94596-3759 MAY 03 2013

Telephone: 125.930.6600

Facsimile: 925.930.6620 oy eno ine court
Deputy Clerk

Attorneys for Defendant
CUPERTINO ELECTRIC, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731

Plaintiff, CUPERTINO ELECTRIC, INC'S REPLY
TO PLAINTIFF’S OPPOSITION TO
v. MOTION FOR SUMMARY JUDGMENT

C.C. MOORE & CO. ENGINEERS, et al., Date: May 9, 2013

Time: 9:30 a.m.
Defendants. Dept: 503

Judge: Hon. Teri L. Jackson

Action Filed: December 17, 2010
Trial Date: June 10, 2013

L INTRODUCTION

Cupertino has shown that it did not owe a duty of care to plaintiff during the occasions
plaintiff alleges that he worked in the presence of Cupertino under controlling California
authorities as further described below.

LL ARGUMENT

Cupertino Had No Duty to Prevent Plaintiff’s Unforeseeable Injuries.

Cupertino did not owe a duty of care to plaintiff at Tosco or Shell in 1978 and 1982.
Regardless of whether Cupertino caused plaintiff to be exposed to asbestos as a result of their
work in plaintiffs presence, it was unforeseeable that it would cause plaintiff to be injured. Duty,

being a question of law, is particularly amenable to resolution by summary judgment. Juarez v.

FPE270/1579849-1

REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENTBw oN

Boy Scouts of America, Inc. (2000) 81 Cal.App.4" 377, 402; Parsons v. Crown Disposal Co.
(1997) 15 Cal.App.4", 456; Ballard v. Uribe (1986) 41 Cal.3d 564, 572; Nola M. v. University of
Southern California (1993) 16 Cal.App.4” 421, 426.

In California, the Courts have routinely applied the factors set forth in the Rowand
decision in determining the imposition of common law tort duty.

Imposition of a duty depends on the numerous factors: 1) foreseeability of harm to the
plaintiff; 2) the degree of certainty that the plaintiff suffered injury; 3) the closeness of the
connection between the defendant’s conduct and the injury suffered; 4) the moral blame attached
to the defendant’s conduct; 5) the policy of preventing future harm; 6) the extent of the burden to
the defendant and consequences to the community of imposing a duty to exercise care with
resulting liability for breach; and, 7) the availability, cost and prevalence of insurance for the risk
involved. Rowland v. Christian (1968) 69 Cal.2d 108, 188-119. If the harm is unforeseeable,
there can be no duty. Rowland, supra, 69 Cal.2d at 113.

While the first of the Rowand considerations is foreseeability, it is more than a mere
consideration. If the Court concludes the injury alleged is not foreseeable, there can be no duty.
Sturgeon v. Curnutt (1994) 29 Cal.App.4" 301, 306; dram M. v. Pacifie Plaza Shopping Center
(1993) 6 Cal.4" 666, 679-680.

Foreseeability will support a finding of duty only to the extent the foreseeability is
reasonable. Juarez v. Boy Scouts of America, Inc. (2000) 81 Cal.App.4" 377, 402; Sturgeon v.

Curnutt, supra, 29 Cal.App.4" at 306; Rowland, supra, 69 Cal.2d at 113. By invoking a

subjective reasonableness standard, the courts bring imposition of duty in line with practical
conduct. An injury is only reasonably foreseeable if it “is likely enough in the setting of modem
life that a reasonably thoughtful person would take account of it in guiding practical conduct.”
Bighee v. Pacific Tel. & Tel. Co. (1983) 34 Cal. 3d 49, 57.

Cupertino has presented affirmative evidence that it did not and had no reason to know
that any of its work in the proximity of plaintiff at the alleged locations could have exposed the

plaintiff to danger or could cause him injury. Cupertino and its employees had no knowledge that

asbestos was dangerous just as plaintiff did not have knowledge of that fact. (SS No. 5.). (See
FFE270/1579849-1 1

REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENTDeposition testimony of Plaintiff at pp. 850 to 877, attached hereto as Exhibit A.) They, along
with all the other similar contractors, such as plaintiff's employer Fluor Company, had no reason
to know or understand that working with asbestos posed anyone a danger of injury.

Without knowledge of the dangers of asbestos, Cupertino could not have reasonably
foreseen any risk of injury that their work may have posed to themselves or to plaintiff. (SS Nos.
5-7, 9.) Thus, under the foregoing authorities, Cupertino owed no duty of care te plaintiff to
protect him from asbestos during their work in the 1960’s because it was not reasonably
foreseeable that such work would cause plaintiff an injury and is entitled to summary judgment as
a matter of law.

Tl. CONCLUSION

Under Code of Civil Procedure section 437(c), the burden has shifted to Plaintiffs to
present evidence that Cupertino owed plaintiff a duty of care during plaintiff's alleged work in
Cupertino’s presence, As stated above, Plaintiffs simply cannot meet this burden.

Dated: May 3, 2013 ARCHER NORRIS

Jasuin C. Molinelli

Attorneys for Defendant
CUPERTINO ELECTRIC, INC.

FFE270/1579849-1 2

REPLY TO PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT_ EXHIBIT AoO Oo ON OO FF Ww NY =

=

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
---O00---
ROBERT ROSS,
Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

NEWLY SERVED
DEPOSITION OF ROBERT ROSS
VOLUME IV (Pages 742 to 1009)

Taken before EARLY K. LANGLEY, RMR
CSR No. 3537
August 13, 200928 (Pages 850 to 853)

850)

MR, LAWTON: it's been a long four days, sir.
MR, SOLOMON: No. !'ve heard a lot of
witnesses. At least you're using English. You're
fine.
THE WITNESS: Well, thanks for that.
MR. SOLOMON: I'm serious. |
BY MR. TOOMEY:
Q. The product you mentioned, cakum, is that an
asbestos-based product?
A. [believe it contained asbestos, yes, sir. C
Q. And how close were you to them when they (
were -~- you said they soldered it into the sewage ¢
lines? (
A. Yes. They'd be working on the floor, below the | (
(
(
(
(
(

floor and I'd be standing right over them.
Q@. And do you remember the brand name or

manufacturer of the gaskets you said you saw them i
using? |

A. I'l have to come back to you on that one.
Yeah. They were Anchor. | (20)

Q. Anchor? :

A. Yeah. And the packing was Chesterton. /

Q@. And do you remember what type of pipes they |
were installing on this site? i

A. They were what | -- they were steam pipes, the

851

ones | was just referring to.
Q. Okay. Were they aiso installing hangers at
this location as well?

A. Yes. (4)
Q. Was the Monokote at this location as well? (5)
A. Yes. They installed pipe hangers and duct (6)

i

f

i

hangers.
Q. And is Monokote an issue in installing both of i (8)

|

|

those hangers? It's the same process, you shoot it (9)
into the ceiling? (10)
A. Yes, sir. (i)
Q. And, again, Monokote is a trade name that you | (12)
used, correct, for a fireproofing coating? (13)
A. Yes, sir. (14)

MS. LUBINSKI: Sir, do you need a break? Are | (15

you okay? (16

)
}
THE WITNESS: No. But thank you for asking. 127)
MR, TOOMEY: | actually believe that was my (18)
last question, so I'm going to review my notes. (29)

THE WITNESS: I have something to add to this, | (20)
and { can't remember the name of the product. I've | (21)
used it on tanks. Anyway, they were installing it into | (22)
the ground and it contained asbestos. Itwasina | (23}
trench. | know it just as well as | know my name, | (24)
which | don't know that sometimes, but I'm going to | (25)

852

have to get back to you on that one.
MR. SOLOMON: What does the material look like?
THE WITNESS: It was kind of a gray.
MR. LINTZ: | know what it is, you know what it
is, 1 don't think we should help.
MR, SOLOMON: I'm just trying to figure out if
it's a loose materia! or a solid material.
THE WITNESS: Solid. Pipe.
MR. SOLOMON: Oh, okay.
THE WITNESS: Transite.
MR. SOLOMON: Thank you. There you go.
BY MR, TOOMEY:
Q. You saw Brizard employees installing transite?
A. Yes, sir.
Q. Do you remember the frequency in which you saw
‘them installing this?
A. | can't be specific about that.
MR. TOOMEY: Well, thank you very much.
THE WITNESS: Well, thank you.
MR. TOOMEY: | appreciate it.
MR. SOLOMON: Why don’t we go off the record.
May we?
MS. LUBINSKI: Yes,
{Off the record.)
MR, SMITI

EXAMINATION BY MR. SMITH:

Q. Good morning, sir. My name is Kime Smith. 1

represent a couple of the defendants in this case.
First defendant !'d like to talk to you about

this morning is Cupertino Electric, Incorporated. Are

you familiar with that name?

A. Yes, sir.

Q. And we have served special interrogatories to
you which you responded to, so I'm just going to go
through those sites. If there are any additional sites
at the end, we can cover those.

But for now let's just cover the ones that
we've been provided so far.

The first one is the Veterans' Administration
Hospital in Palo Alto.

Do you remember Cupertino Electric being
present at that location?

A. Yes, sir.

@. And you're referring to your exhibit with the
tabs right now; correct?

A. Yes. | have to refer to my Exhibit E, | guess
it's called now, yes, sir.

MR. SOLOMON: E as in easy. Okay.
BY MR. SMITH:
Q. And at that location, the dates we have are

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Robert Ross

8/13/200929 (Pages 854 to 857)

854)

1965 to 1980 off and on. Can you tell me the total (1)
number of jobs between those years that you were (2)
working at the Veterans’ Administration when Cuperting (3)

Electric was also present? (a)
A. | was there at -- | was there two or three ' (S)
times. Maybe four times. That's the best | can tell i (6)
you. (7)
Q. So between two and four jobs that you were on | (8)
that site? (9)
A. Yes, sir. p40)
Q. And of those two to four jobs can you estimate | (11)
how many times Cupertino Electric was also present? | (12)

A. I'd say two or more. | (13)
Q. Do you remember if these two or more occasions (14)
were remodel, new construction, or a mixture of both? i (45)
A. Mixture of both. (16)
Q. Can you remember any specific buildings where (17)

you saw Cupertino Electric performing work at the 5 (18)
Veterans’ Hospital? (19)
A. Not at this time. 20)

Q. On the new construction, was this involving any | (21)

tie-in work? | (22)
A. On the new construction? (23)
Q. Correct. 1 (24)
AL Yes. | (28)

Q. On these two or more occasions, what work a a)
you see Cupertino Electric perform?
A. Working In the walls with the conduit. Working
in the ceilings with conduit. And their wiring,
running their wire through. Shooting studs, hangers.
Q. Let me make sure | get the terminoiogy right
that Eric suggested. Could you please describe the
surface to which the hangers were being attached’?
A. Cement covered by Monokote. Fireproofing.

|

1

|
@. Sir, | know this has been asked, but I want to | (10)
ask it in my own way. When you use the term | Qa)
“Monokoie," that's a generic term you're using for all | (12)
fireproofing; is that correct? 1) (3)
A. Yes, slr. | a4)
Q. So you don't know for certain that it was a i (5)
Monokote brand fireproofing; correct? (6)
MR. SOLOMON: Well, it's not his best (a7)
recollection that it was the Monokote brand. 1 (LB)
BY MR. SMITH: | 29)
Q. Okay. (20)
A. Yes. | (21)
Q. Okay. Were you present when any of the f (22)
fireproofing had been originally installed? | (23)
A. No. (24)
Q. And the studs that you saw Cupertino Eleciric | (25)

856

employees shoot, can you tell me what material those
studs were made out of?

A. No.

Q. What type of machine or tool did they use to
shoot the studs?

A. | can't-- | don’t know what it's called, but
they used a 22.

Q. What's a 22?

A. Ammunition.

MR. SOLOMON: Caliber.
THE WITNESS: Caliber 22.
BY MR. SMITH:

Q. We just need to get that on the record because
if someone is reading this, they might not be savvy.

A. Okay. Fine.

MR. SOLOMON: Fair enough.
BY MR. SMITH:

Q. Could you estimate for me the length of run
of -- were they hanging conduit after they shot the
studs?

A. After they -- yes. When they hang -- when they
shot the studs and put the hangers up, they run the
conduit over the top of the Unistrut.

Q. Would you be able to estimate for any of these
projects at the Veterans’ Hospital between 65 and 80

857

the fength of those runs?

A. No, sir.

Q. Would you be able to estimate how many studs
they had to shoot on any of those individual projects?

A. No, sir.

Q. For any of these projects, would you be able to
estimate the distance you were from them when they were
performing their work installing the studs for their
conduit?

A. Anywhere from 2 feet to 20 feet.

Q. And what material was their conduit made from?

A. Some type of meial.

Q. Did you see any employees of Cupertino Electric
other than electricians on any occasion at the
Veterans’ Administration Hospital?

A. Best of my recollection, it was just
electricians.

Q. Could you estimate for me the size of the
Cupertino Electric crew on any of those jobs?

A. No, sir.

Q. Are you aware if your employer was a
subcontractor to Cupertino Electric on any of those
jobs?

A. No, sir.

MR. SOLOMON: Well, you're not aware or they

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8/13/200930 (Pages 858 to 861)

B58!

weren't? | (i)
THE WITNESS: They weren't. £2)

MR, SOLOMON: Thanks. Po)

BY MR, SMITH: Dw
Q. I'iljust ask a general question so we don't {5)
have to ask it for every site. How did you identify | (8)
the Cupertino Electric employees? Pan
A. Hardhats. -®
Q. is there a particular color, jogo, or symbol (9)
that they have on their clothes that identify them as (10)
Cupertino Electric? {il)
A. Not that | could remember, sir. (22)

Q. And over the period of time between ‘65 andit | (13)
looks like the last work was maybe in ‘86 that you did | (14)
around Cupertino Electric, did you ever see their | (15)
uniforms change in color or the symbols change, even if (16)
you don't remember the specific colors or symbols? | {17)

A. | don't remember any uniforms. |remembera | (18)
toolbox, though. 1(19)

Q. What did the toolbox iook like? 1(20)

A. Just a toolbox, I (21)

Q. Okay. 1 (22)

A. Electricians always had top-of-the-line | (23)
everything. ! (24)
Q. Other than the hardhats and -- well, let me ask (25)

859|

you. Did their name appear on the hardhats and the | (1)
toolboxes that you saw? f (2)
A. Yes, sir. 1)
Q@. Did you see any vehicies that you associate | (4)
with Cupertino Electric on job sites? | (5)
A. Say again, | (6)
Q. Did you see -- i'm sorry. | went a little too PO)
fast on that. (8)
A. That's ail right. 2 (9)
Q. Did you see any vehicles on job sites that were / 16}
marked with the Cupertino Electric name? i (113
A. I can't at this time. hea)
Q@. And for the materiai that was fireproofing that (13)
was disturbed, do you believe that contained asbestos? (14}
A. Yes. {15}
Q. And the description that you gave us yesterday, (16)

is that your best recollection of what that material (17}
looked like? (18)
A. Yes, sir. (19)
MR. SOLOMON: Grayish, brownish, lumpy (20)
oatmeat-looking stuff? (21}
MR. SMITH: Right. We have that on the record. (22)
Thank you, Eric. p23}
BY MR. SMITH: (24)

Q. Do you remember any co-workers who were working (25)

860

side by side with you at the Veterans’ Administration
Hospital when Cupertino Electric was also present?
A. Yes, sir.
Q. Could you give me those names?
A. Ron Kitt. Kelly Derr. Robert Cantley.
Q. Do you have an address or contact information
for Mr. Kitt?
A. No, sir.
Q. Do you know if he's still with us? Is he
living?
A. I'd be guessing. | don't know,
Q. Were one of the men that you mentioned your
supervisor on these projects?
A, Robert Cantley wasn't a supervisor. He was
foreman at that time.
Q. During this time period he was a foreman?
A. Yes, sir. Dick Saiya was a supervisor,
@. And the best information | have in front of me
is that he lives in Belmont, California?
A. Dick Saiya. | don't know where he lives.
That's where the office was. | don't know where he
lives.
MR. SOLOMON: My guess is he's not listed.
BY MR. SMITH:
Q. Did you see any of Monokoie or -- I'm sorry,
B61

I'm just going to indicate fireproofing so it's not
confused, but you know that | mean what you refer to
generically as Monckcte.

Did you see Cupertino Electric disturb any
fireproofing in the walls?

A. No.

Q@. Did you see them disturb anything that you
believe contained asbestos which was in the walls?

A. You don't want me to guess. No. No, not that
I can remember.

Q. No guessing or speculating. That's not fair to
either of us.

A. Well, | don't know why you keep asking me,
then.

Sorry.

Q. I guess there's a couple of more names I'll ask
you, too, but I'l save those for later.

The next job that | have Is also at the
Veterans’ Admin Hospital, and this is listed separately
as a two-month project in ‘77.

Have we already discussed all of your work at
the Veterans' Hospital, or is there a specific project
in ‘77 that you did for approximately two months where
Cupertino Electric was present?

A. | believe this will cover it,

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8/13/200831 (Pages 862 to 865)

862
Q. So we already covered any work that you saw (1)
Cupertino Electric in ‘77 was inciuded in that prior f (2)
discussion? 1
A. Yes, sir. 1a)
Q. Okay. Other than the Monokote fireproofing, (S}
did you see Cupertino Electric work with or disturb any | (6)
materials other than the fireproofing that you believe (7)
exposed you to asbestos at the Veterans’ Admin (8)
Building -- or Hospital, I'm sorry? (9)
A. Not that | can remember right now, no. (10)
Q. What is the next site that you believe that you | (11)
worked with or around Cupertino Electric? {12}
A. fil have to check. {13)
Q. Okay. (14)
A. Oh, Eknow. UC Berkeley. | don't have that (15)

down here specifically, but | know | saw them on jobs | (16)
over there. {17}
Q. Allright. | didn't have that one listed. So p18)
Jet's save UC Berkeley for last unless you want to talk | {19}
about that now. Is that fresh in your head and you (20)
want to talk about it, or shall we save it? {21)
A. | can't be specific, but | saw them over there 1(22)
when | worked in Berkeley. 4 (23)
Q. Let me just ask you a general questions and see! (24)

what we can get. / (25)
863 |
A. Okay. | (2)
Q. Can you estimate for me how many different {| (2)
times you saw them at UC Berkeley? (3)
A. No. (4)
Q. Would it be more than ten or less than ten? (5)
A. I'd be speculating. (6)
Q. Can you estimaie for me the date range that you! (7)
saw them, either in decades or specific years? (8)
A. 1970 -- wait a minute. 1965 to 1972. (9)
Q. And did you arrive at those dates because (io)
you're associating them with a specific employer that. | (12)
you were employed by? (12)
A. Yes, sir. (13)
Q. And which employer was that? (14)
A. Consolidated. (15)

Q. And do you remember any buildings or any other, (16)
designations of locations where Cupertino Electric was | (17

)

present while you were present at UC Berkeley? (18)
A. Library building. (19)

Q. Do you remember which library? (20)
A. No, sir. | just remember library building. (21)
Just popped in my head. (22)
MR. SOLOMON: That narrows it down to about 3@ (23)

or so buildings. (24)
MR. SMITH: That's better than where we (25)

864

started.
MR. SOLOMON: There you go.
BY MR. SMITH:

Q. Do you remember the specific work they
performed there, or you just remember that was one of
the places you saw?

. Just do the normai thing that they always do.

. So you saw them hanging conduit?

. Yes, sir,

. And installing wire?

. Yes, sir.

. At UC Berkeley, do you have reason to believe
that you were exposed to asbestos through their work?

A. Yes, sir.

Q. And could you tell me what that basis is?

A. Fireproofing.

Q. Sir, was this the same case where you observed
them shooting studs into fireproofing?

A. Yes, sir.

Q. And that would be the manner in which you
believe you were exposed at that site?

A. Yes, sir.

Q. Is it also true you weren't present when the
fireproofing was installed?

A. Yes.

ODPOPOP,P

865

Q. Other than the fireproofing, is there any other
materials or equipment that Cupertino worked with or
disturbed that you believe contained asbestos which
then may have in turn exposed you to asbestos on that
site?

A. Not that | can remember at this time.

Q. Let's move to the next site | have listed which
is a school called Stanford. Have you performed work
at Stanford?

A. Yes, sir.

Q. Do you remember Cupertino Electric being
present at Stanford at any time?
. Yes, sir.
. Do you want to refer to your notes?
Yes, sir.
|. All right. Go ahead.
. Are you referring to Encina Hall?
. Yes, That's the name | have on here.
. Yeah. Okay.
. Can you give me an estimate during those one to
two weeks? Was that ten working days that you were
present while Cupertino Electric was also present?

A. | saw them on a few occasions.

Q. And on those occasions it was always at the
Encina Hail?

OPPrPOPrPOPOP

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8/13/200932 (Pages 866 to 869)

B66
A. Yes, sir. (1)
Q. And the date range | have is 1966 to 1972 -- (2)
A. Yes, sir. | (3)
Q. -- that the projects were in that date range. {4)
Can you narrow it any more specific for me? : {S)
A. I'd be guessing. (6)
Q@. Don't want you to guess. 5 7)
A. Okay. 1 (B)
Q. And you arrived at that date because you were i (9)
working for Consolidated Insulation during that (10)
timeframe? ql)
A. Yes, sir. (2)

Q. Could you tell me how many different jobs you | (13)

were on at Stanford at that hall where you saw i (14)
Cupertino? [Qs)
A. it was just the one job. | (16)
Q. One job? (27)
A. Yes, sir. (18)

Q. Was it the case where you came in and did some (19)
insulation, went to a different Job, came back anddid | (20)

more insulation on that same project at the hall? C21)
A. Yes, sir, (22)
Q. The time between your first arrival and work (23)
and your return, was that within the same year? (24)
A. I don't really -- | don’t wish to speculate. | 5)
867.
can't be precise. | ql)
Q. Okay. Do you remember if this was the new | (2)
construction of that hall or if it was remodeled to /
that hall? Aa)
A, Both. oo)
Q. The work that was performed by Cupertino | (6)
Electric, was that part of the new construction or part | (7)
of a remodel? | (8)
A. Best of my recollection, it was a remodel. | (9)
Q. Can you tell me what floor or floors yousaw =| (19)
Cupertino Electric performing their work? | (iy
A. No, sir. (12)
Q. And the work they performed, again, was 13)
installing conduit? i (14)
A. Yes, sir. / 15)
Q. And to perform that work, they were shooting | (16)
hangers into the ceiling? : a7
A. Yes, sir. 8)
Q. And when they shot their hangers into the | (43)
ceiling, was that a cement ceiling or something else? : (20)
A, Cement. / (24)
Q. And was it again the case where there was (22)
fireproofing on that ceiling? 13

}
A. Yes, sir i (2 4)
Q. And would you know when or who installed that; (25)

868

fireproofing?

A. No, sir.

Q. Other than the fireproofing, did you see
Cupertino Electric install, remove, disturb anything
else you believe contained asbestos at Stanford in
Encina Hall?

A. Not that ! can remember at this time.

Q. Is it again the case where the employees of
Cupertino Electric were all electricians, to your
knowledge?

A. Best of my recollection, yes.

Q. I'ltjust ask you a general question. For any
time you saw Cupertino Electric, did you ever complain
about the manner in which they were performing their
work?

A. Not that | can remember.

Q. Do you rernember any co-workers on the Encina
Halt project that you worked on?

A. Yes, sir.

Q. And who were those co-workers?

A. Earl Beck and Robert Cantley.

Q. Do you have any personal contact with
Mr. Cantley?

A. | saw him about a year ago. Six months ago,
First time | seen him in years.

Q. Was that at 2 particular function, or?

A. i can'tremember. We had a quick lunch.
That's ail -- that's all | can tell you.

Q. Do you remember what city the lunch was?

A. No. Emeryville. It was a late -- early
dinner, !'m sorry.

Q. And was that during your last deposition?

A. Yes, sir.

Q. Did you and Mr. Cantley discuss any of the work
that you performed?

A. Any specific work? No. We just went over --
we worked together off and on for 13, 14 years. We
might have talked about a few job sites and a few
things that we did, like playing football and things
like that. You know, issues that we like to think
about. Don't like to think about work very much. |
don't anyway.

Q. Did he help you remember any job sites where
you worked around any specific contractors or remind
you of any specific products that you hadn't remembered
before?

A. | don't know if | should comment on that.

MR. SOLOMON: There's no privilege to claim.
if you did, you need to; if you didn't, you don't.
‘THE WITNESS: Not that I can remember at this

Aiken Welch Court Reporters

Robert Ross

8/13/200933 (Pages 870 to 873)

870

time. (a
BY MR, SMITH: 2 OQ)
Q. | understand Mr. Beck is deceased. Isthatan (3)
Earl Beck, Sr.? | (4)
A. Yes. Greg Beck is his son. (5)
Q. Do you know where Greg Beck lives? (6)

A. Yes. | (7)
Q. And do you have contact information for him? | {8)
MR. SOLOMON: | should inform you that [do | (3)
know that he is represented by the Paul Hanley & Harley (10)
office in a wrongful death claim. I'm not saying you (ily
can’t contact him, but I'm informing you he has | Cla)
representation. | (13)
BY MR. SMITH: ) (14)
Q. You do have his contact information, sir? | (15)
A. Yes. |as)
Q. I'l deal with that in a different form. ql?)
Okay. Sir, the next identified job site that! (18)
have is Genentech facility in South San Francisco while | (19)
you were working for Insulation Specialties. (20)
Do you remember Cupertino Electric being | (Pay
present at that job site? 522)
A. Yes. Are you referring to the one between 1984 (23)
and 1986? | (2ay
Q. Is that the job you're looking at right now? | (25)

A. Genentech, yes. / ly
MS. TANTILLO: Is there a page reference? » 2)

MR. SOLOMON: Yes. 93. Sorry. i knew someone i (3)

said something. : (ay
BY MR. SMITH: i 45)
Q. Sir, for that work, do you recall if that was (6)
new construction or remodel? : (7)
A. | hope we have the same job here. 1 (8)

Q. | have three weeks on and off between '81 and =, (2)
'86 at Genentech. b(10)
A. Let me — let me look at this one, please. ida)

| was there ~ | was there numerous times and (12)

I'm trying to pin this -- pin you down -- well... | (13)
MR. SOLOMON: Pin yourself down probably. (14)

THE WITNESS: Pin myself down to where I'm at. | (15)
Yeah. That's what] am -- that's the proper way tosay | (16)
it. You can't say if like how you feel, can you? fay)
MR. SOLOMON: You can actually say anything yor | (18)
want. I'm not sure it's necessarily advisable. | {18)
THE WITNESS: Yeah. : (20)
Insulation Specialties. Okay. i (21)

BY MR. SMITH: | (22)
Q. You got that job in mind, sir? (23)
A. Yes, sir. (24)
Q. Okay. For that job, do you remember if it was (25)

B72

new or remodel work that Cupertino Electric was working
on?
A. It was both.
Q. Did you see them at Genentech more than once?
MR. SOLOMON; By "more than once,” more than
one project
MR. SMITH: Yes. More than one project.
MR. SOLOMON: If you can't remember them, just
tell him that. That's not the end of the world.
THE WITNESS: No. I don't see -- | don't
associate you on this job.
BY MR. SMITH:
Q. Okay. Allright. That's fine, sir. There's
information you know, there's information that Eric
has, so it deesn't ~
A. No,
Q. Doesn't bother me if you don't remember it.
MR. SOLOMON; it's not the end of the world.
BY MR. SMITH:
Q. It could be a misprint. We don't know. We
just have to go by your memory. if something comes up
and we're still here you can bring.it up and we can
talk about that. So we'll skip that on right now and
bring it up later.
A. Thank you.

Q. The last job | have in my notes for Cupertino
Electric is the San Francisco International Airport at
1979.

Do you remember or have any information that
they worked at the San Francisco Intemational Airport
in 1979?

A. | remember there being -- | remember being
there briefly for Consolidated in 1979.

Q. That's right. That's what we have, is
Consolidated.

Do you remember if Cupertino Electric was on
that job?

A. Yes.

Q. Were they? Better question.

A. Do | remember.

MR. SOLOMON: First he asked you if you
remembered, you said yes. Now he's asking you was
Cupertino Electric on that job.

THE WITNESS: Yes.

BY MR. SMITH:

Q. Do you remember if that work that Cupertino
Electric was doing at the San Francisco Airport in '79
was new construction such as an expansion, or was it
remodel of existing structure?

A. Best of my recollection, it was remodel.

Aiken Welch Court Reporters

Robert Ross

8/13/200934 (Pages 874 to 877)

874

Q. And do you remember was it a remodel of a
terminal or hangars or parking?

A. Terminal

Q. De you remember if it was foreign or
international terminals?

A. No, sir.

Q. Do you remember any specific terminal numbers?

A. No, sir.

Q. Do you remember how many man days you were 01

that job while Cupertino Electric was also present?

A. Just a few.

Q. So less than a week or more than a week?

A. Less than a week.

Q. And was this again the case that you saw
Cupertine Electric electricians performing work?

A. Yes, sir.

Q. Did you see them employ any-other trades that
you can remember?

A. Not that | know about.

Q, And was it again the case that they were
installing conduit?

A. Yes, sit.

Q. Other than installing conduit, did you see them
performing any other types of electrical work?

A. No, sir. Oh, put boxes in the walls and things

like that. Yeah.

Q. So they were installing --

A. They were junction boxes, is what you call
them, in the wails.

Q. Okay. Did you see them have to cut, sand,
scrape, abrade or -- any of the junction boxes?

A. Not that | can remember at this time.

Q. Did you see any Cupertino Electric employees
disturbing any pipes which you believe contained
asbestos?

A. Not that | can remember.

. When they installed their conduit, did they
have to shoot metal studs into the ceiling?

A. Yes, sir.

Q. Did that work involve shooting into
fireproofing?

A. Yes, sir.

Q. Do you have any information that in 1979 that
fireproofing contained asbestos?

A. It was existing fireproofing.

Q. Do you know when the existing fireproofing had’

been installed?
A. I can't pin that down.
Q. Do you know who had installed it?
A. No, sir.

875)

876

Q. Would you be able to estimate for me how
many -- | guess it's called studs -- how many studs
they had to set for their work at the airport?

A. No.

Q. And ail of the studs that they had to set was
in relation to hanging their conduit?

A. Yes, sit.

Q. Okay. And the conduit was a metal pipe?

A. Yes, sir.

Q. Sir, that's all of the sites | have for
Cupertino Electric. Are there any other job sites
other than the Berkeley one that you brought up earlier
that we discussed, are there any others that you can
recall?

A. That's all - that's all ! can recail at this
time.

Q. And we talked about at each sife how you saw
them install these studs for their conduit and thereby
you believe exposing you to asbestos through that
installation, through the fireproofing.

ls there any other reason you believe you were
exposed to asbestos by Cupertino Electric, as you sit
here today?

A. No.

877

facilities are located, such as an office?
A. No.
Q. Do you know any employees of Cupertino Electric
by name?
A. No.
Q. Did they ever provide you with any products or
materials that you used in your work?
A. No.
Q. How about tfocls, did they provide you any
electrical tools for your work?
A. No.
Q. A few more names | want to run by you and see
if you recognize them.
dohn Morris, do you recognize that name?
A. Yes.
Q. Gary Reed?
A. Yes.
Q. Do you have any contact information for
Mr. Reed?
A. No, sir.
Q. Would you get that through a union hall?
MR. SOLOMON: Well, objection. | think the
question seeks the witness to speculate.
THE WITNESS: | don't know for sure where you'd
get it from.

Aiken Welch Court Reporters

Robert Ross 8/13/2009PROOF OF SERVICE

Name of Action: Ross v. C.C. Moore & Co. Engineers, et al.
Court and Action No: San Francisco Superior Court Action No. CGC-10-275731

I, Kristen M. Garcia, declare that 1 am over the age of eighteen years and not a party to
this action or proceeding. My business address is 2033 North Main Street, Suite 800, Walnut
Creek, California 94596-3759. On May 3, 2013, I caused the following document(s) to be
served:

CUPERTINO ELECTRIC, INC.’S REPLY TO PLAINTIFF’S
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Oo by placing a true copy of the document(s) listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
with this business’ practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service with postage fully prepaid,

CQ by placing a true copy of the document(s) listed above, in a box or other facility
regularly maintained by Federal Express, an express service carrier, or delivered to a
courier or driver authorized by the express service carrier to receive documents, in an.
envelope designated by the express service carrier, with delivery fees paid or provided
for, addressed as set forth below.

{electronically served the above referenced document(s) through LEXIS NEXIS. E-
service in this action was completed on all parties listed on the service list with LEXIS
NEXIS. This service complies with the court’s order in this case.

Service List

I declare under penalty of perjury that the foregoing is true and correct. Executed on May
3, 2013, at Walnut Creek, California.

Kuk» LE L “ie”

Kristen M. Garcia). .

ALBAY CONSTRUCTION COMPANY’S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION FOR