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

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                                BRAYTON@PURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

PO BOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

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ALAN R. BRAYTON, ESQ, S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
OREN P. NOAH, ESQ., S.B. #136310
ASHLEY J. BENSON, ESQ., S.B. #276326

ELECTRONICALLY
FILED

BRAYTON¢PURCELL LLP Superior Court of California,
Attorneys at Law : County of San Francisco
222 Rush Landing Road ,

-P.O. Box 6169 APR 25 2013

Novato, California 94948-6169 Clerk of the Court
(415) 898-1555 BY: ALISON AGBAY
Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com Deputy Clerk

Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

ASBESTOS
No. CGC-10-275731

IN SUPPORT OF PLAINTIFFS'
OPPOSITION TO DEFENDANT PERINI
CORPORATION’S MOTION FOR
SUMMARY JUDGMENT

vs.

C€.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit 1
attached to the Summary Complaint herein;

DECLARATION OF ASHLEY J. BENSON
)
)

and DOES 1-8500.
Date: May 9, 2013

Time: 9:30 a.m.

Dept: 503, Hon. Teri L. Jackson
Trial Date: June 10, 2013

Action Filed: December 17, 2010

I, Ashley J. Benson, declare as follows:

1. Lam an attorney at law duly licensed to practice before all courts in the State of
California and am an associate with the law firm of Brayton**Purcell LLP, attorneys of record
for plaintiffs herein and as such am fuliy familiar with the facts of this case and if called as a
witness regarding the matters set forth below, 1 would so testify.

2. Attached hereto as Exhibit 1 are true and correct copies of pertinent excerpts of the -
deposition transcripts of ROBERT ROSS. Mr. ROSS’s deposition was taken in his previous
matter, San Francisco Superior Court case number 274099, on February 20, 2008, February 21,
2008, February 22, 2008, March 4, 2008, March 11, 2008, March 12, 2008, December 15, 2008,
December 16, 2008, December 17, 2008, December 18, 2008, January 20, 2009, January 21,

KMnjysed\193 49g ld\dee- ATB-PERCOR-msj-sa.wpd
DECLARATION OF ASHLEY J. BENSON IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT PERINI CORPORATION’. 2
MOTION FOR SUMMARY JUDGMENT2009, January 22, 2009, January 23, 2009, August 10, 2009, August 11, 2009, August 12,
2009, and August 13, 2009.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on April 25, 2013, at Novato, California.

Ashley J. Benson

K.AlnjurcdJ93-49tphdlee-AIB-PERCOR-ass0. Wood 2 AIB
DECLARATION OF ASHLEY J. BENSON IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT PERINI CORPORATION'S:
MOTION FOR SUMMARY JUDGMENTEXHIBIT 1Starned Copy

IN THE SUPERIOR COURT OF THE STATE Of CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
=--000---
ROBERT ROSS,
Plainti tf ’
vs. "No. 274099
ASBESTOS DEFENDANTS,
Defendants. .
f

DEPOSITION OF ROBERT ROSS
VOLUME T

(Pages 1 - 231)

Taken before EARLY K. LANGLEY, RMR

CSR No. 3537

February 20, 2608Page 2

Page 4

3 INDEX PAGE 1 DEPOSITION OF ROBERT ROSS.
3. EXAMINATION BY MS. NAGPAL. 14,47, 83 2
4 oe he 3 BE IT REMEMBERED, that pursuant to Notice, and on
407, 124, 129 4 the 20th day of February 2008, commencing at the hour
s Be Re 188 8 of 9:35 a.m, in the offices of Aiken & Welch, One
6 ° 6 Kaiser Plaza, Suite 505, Oakland, California, before
3 EXAMINATION BY MR. JONES 46, 104 7 me, EARLY LANGLEY, a Certified Shorthand Reporter,
EXAMINATION BY MR. KASTER 62, 82, 88 8 personally appeared ROBERT ROSS, produced as a witness,
a 13, in said acti i
9 EXAMINATION BY MS. FOSTER LOVAS 64, 82, 83 9 in said action, and being by me first duly sworn, was
91, 97, 105 10 thereupon examined as a witness in said cause.
10 110,138,131 lL
162
BL 12 --~000---
EXAMINATION BY MS. RASMUSSEN 64, 120, 129 13
12
13 EXAMINATION BY MS. TORESON 84 14
14 EXAMINATION BY MS. GAMBINO 89 i
24 EXAMINATION BY MS.GAMBINO 89 15 ERIC SOLOMON, Brayton Purcell, 222 Rush Landing}
16 EXAMINATION BY MS. NASSOPOULOS 104 16 Road, Novato, California 94948, appeared on behalf of
1? EXAMINATION BY MS. CHAVEZ 06, 221 17 the Plaintiff.
18 EXAMINATION BY MS. OKUMOTO 116, 133, 220, ~
19 EXAMINATION BY MS. VOTAW 126, 163, 165 18
20 219 19 STEPHEN HARRINGTON (by telephone), Clapp,
EXAMINATION BY MS, FRENCH 152 20 Moroney, Bellagamba and Vucinich, 111] Bayhill Drive,
22 EXAMINATION BY MS. HART 168 21 Suite 300, San Bruno, California 94066, appeared on
22 22 behalf of the Defendant Contra Costa Electric,
py EXAMINATION BY MR, THE 23 23
EXAMINATION BY MS. HOLWERDA 226 24
24 25
25 +
Page 3 Page 5]
1 EXHIBITS 1 ERIN MCGAHEY (by telephone), Sinunu, Bruni,
2 DEFENDANTS’ _ PAGE 2 LLP, 633 Pine Street, Suite 400, San Francisco,
3 A List entitled "Local 16 retirees 27 3 California 94108, appeared on behalf of the Defendants
4  38e: 4 Valley Sheet Metal; Rosendin Electric.
B Collection of Mr. Ross's documents 69 5
3 in binder, handwritten notes; 6 SUSAN FRENCH, Archer Norris, 2033 North Main
6 typewritten notes 7 Street, Suite 800, Walnut Creek, California 94596
C Copies of handwritten notes 0 ; appeared on. behalf of the Defendants canis Anderson, jf
7” oftMir. Ross on yellow pieces Rowe & Buckley; Frank Bonetti Plumbing, Inc. 4
of paper, 12 pages 10 i
8 11 SANDRA FOSTER LOVAS, Bassi, Martini, Edlin &
9 12 Blum, 351 California Street, Suite 200, San Francisco,
x 13. California 94104, appeared on behalf of the Defendant
i2 14 Kaiser Gypsum Company, Inc.
13 1s
14 16 VINEET K. SOOD, AT&T Services, Inc., 525 Market
15 17 Street, Room 2009, San Francisco, California 94105,
is 18 appeared on behalf of the Defendant Pacific Bell
18 19 Telephone Company.
19 20
20 al ROBIN HART (by telephone), Becherer, Kannett &
22 22 Schweitzer, 2200 Powell Street, Suite 805, Emeryville,
% 23 California 94608, appeared on behalf of the Defendants
24 24 Bridgestone Firestone; Dillingham; Johnson Controls.

Aiken & Welch Court Reporters

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R. Ross, Vol. I 2/20/08—

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ESTIE A. MANCHIK, Barg Coffin Lewis & Trapp,
350 California Street, 22nd Floor, San Francisco,
California 94104, appeared on behalf of the Defendant
The Board of Trustees of the Leland Stanford Junior
University.

JOHN KIRBY (by telephone), Burnham & Brown,
1901 Harrison Street, 1 1th Floor, Oakland, California
94604, appeared on behalf of the Defendants Golden Gate
Drywall, Inc. S.W. Spencer & Son, Inc.

DREXWELL M. JONES, Buty & Curliano, 555 12th
Street, Suite 1280, Oakland, California 94607, appeared
on behalf of the Defendants Western Building Materials
Supply; Beasley Plumbing.

JENNIFER RASMUSSEN, Pond North, 505 Montgomery:
Street, 13th Floor, San Francisco, California 94111,
appeared on behalf of the Defendant Temporary Plant
Cleaners. ”

JULIE FARRAH, Ericksen, Arbuthnot, Kilduff,
Day, 111 Sutter Street, Suite 575, San Francisco,
California 94104, appeared on behalf of the Defendant
Ampex Corporation.

Page 7

ROLAND THE, Brydon, Hugo & Parker, 135 Main
Street, Suite 200, San Francisco, California 94105,
appeared on behalf of the Defendants Foster Wheeler;
Perini Corp.; Fireman's Fund.

BEN HOLL (by telephone), Drinker, Biddle &
Reath LLP, 50 Fremont Street, 20th Floor, San
Francisco, California 94105, appeared on behalf of the
Defendant Monsanto.

LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa
& McLeod, 1999 Harrison Street, 18th Floor, Oakland,
California 94612, appeared on behalf of the Defendant
Hewlett Packard.

HOLLY ACEVEDO (by telephone), Filice, Brown,
Eassa & McLeod, 1999 Harrison Street, 18th Floor,
Oakland, California 94612, appeared on behalf of the
Defendant Tosco Refining Company.

SABRINA AXT, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, California 94612, appeared on >
behalf of the Defendants A&A Mechanica! Contractors,
Inc.; Fluor Corporation; Raymond Interior

Systenis-North.
i

Aiken & Welch Court Reporters

Page §

ZACH LEWIS (by telephone}, Dal Soglio &
Martens, 2250 East Imperial Highway, Suite 200, Ei
Segundo, California 90245, appeared on behaif of the
Defendant Aerojet General Corporation.

MARY PAK, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, Califomia 94612, appeared on
behalf of the Defendant D.W. Nicholson Corporation.

FAITH WOLINSKY (by telephone), Glaspy & Glaspy,
100 Pringle Avenue, Suite 750, Walnut Creek, California
94596, appeared on behalf of the Defendant Fairmont
Hotel.

JOE SPATARO, Gordon & Rees, 275 Battery Street,
20th Floor, San Francisco, California 94111, appeared.
on behalf of the Defendants Hussman Corporation;
Rosendahl Corporation.

MARIA ZEYREK (by telephone), Haight, Brown &
Bonesteei, 100 Bush Street, 27th Floor San Francisco,
California 94104, appeared on behalf of the Defendant
Robert Shaw Controls Company.

Page 9

GREGORY KIM (by telephone), Hassard Bonnington,
Two Embarcadero Center, 18th Floor, San Francisco,
California 94111, appeared on behalf of the Defendant
Sequoia Ventures.

JUSTIN MCKENNA (by telephone), Bullivant Houser.
Bailey, 1415 L Street, Suite 1000, Sacramento,
California 95814, appeared on behalf of the Defendant
Louisiana Pacific.

NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behaif of the Defendants
D. Zelinsky & Sons, inc.; 1TT Industries, Inc.;
Metalclad Insulation Corporation; Rudolph & Sletten,

MARY ELLEN GAMBINO, Schiff Hardin, One Market
Spear Street Tower, San Francisco, California 94105,
appeared on behalf of the Defendant F.P. Lathrop
Construction Company.

3 (Pages 6 to 9)
Vol. ° 2/20/08

-R. Ross,Page 10

Page 12

Aiken & Welch Court Reporters

1 ANTHONY CHIOSSO, ALBERT THUESEN (by telephone} 1 LINDA S. VOTAW, Manatt Phelps & Phillips, One
2 Jackson & Wallace, 55 Francisca Street, Suite 600, San 2 Embarcadero Center, Suite 3000, San Francisco,
3. Francisco, California 94113, appeared on behalf of the 3° California 94111, appeared on behalf of the Defendant
4 Defendants Colgate Palmolive; Goodloe E. Moore. 4 Cal-Steam.
5 5
6 ANJALI NAGPAL, Lewis, Brisbois, Bisgaard & 6 ARTHUR J. RELIFORD, JR., P. STEPHEN FARDY,
7 Smith, One Sansome Street, 14th Floor, San Francisco, 7 Swanson, Martin & Bell LLP, 330 North Wabash, Chicago,
8 California 94104, appeared on behalf of the Defendant 8 IHinois 60611, appeared on behalf of the Defendant
9 Plant Insulation Company. 9 Earthgrains Baking Company, Inc.
10 19
a. STEVEN LATHRAM, Lynch, Gilardi & Grummer, 475 AL ALEXANDRA NASSOPOULOS, Walsworth, Franklin,
12 Sansome Street, Suite 1800, San Francisco, California 12  Bevins & McCall, 601 Montgomery Strect, 9th Floor, San
13 94111, appeared on behalf of the Defendant Swinerton 13 Francisco, California 94111, appeared on behalf of the
14 Builders 14 Defendants Cleaver-Brooks, Inc; Oscar E. Erickson,
15 . 15 Inc.; The Henry Company.
16 KATHY HUYNH (by telephone), Low, Ball & Lynch, 16
17 505 California Street, 7th Floor, San Francisco, 17 KRISTI K. OKUMOTO, Walsworth, Franklin, Bevins
18 California, 94111, appeared on behalf of the Defendants 18 & McCail, 601 Montgomery Street, 9th Floor, San
19 O.C. McDonald & Co.; Cooper Brothers. 19 Francisco, California 94111, appeared on behalf of the
20 20 Defendants Dee Engineering; Pierce Enterprises.
az JEFF MINNERY (by telephone), Gibson, Dunn & 21 ee
22 Crutcher, One Montgomery Street, Post Montgomery 22
23 Center, San Francisco, California 94104-4505, appeared 23 ‘
24 on behalf of the Defendant Genentech. 24
25 25
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1 JANE BLUMBERG, Prindle, Decker & Amaro, 369 1 SHARON HOLWERDA, Vasquez & Estrada LLP, 1000}
2 Pine Street, Suite 800, San Francisco, California 2 Fourth Street, Avenne, Suite 700, San Rafael,
3 94104, appeared on behalf of the Defendants 3 California 94901, appeared on behalf of the Defendant
4 Consolidated Insulation Company, Frederick Meiswinkel, 4 FDCC, Inc.; Lamons Metal Gasket; Monterey Mechanical;
S  Inc.; C.F. Braun; Triple A Machine Shop; Trane US Inc. 5 Scott Co.
6 6
7 CHRISTINE TORESON, Perkins Coie, 180 Townsend] 7 JOSHUA D. WHITE, Yaron & Associates, 601
8 Street, Third Floor, San Francisco, California 94107, 8 California Street, 21st Floor, San Francisco,
9 appeared on behalf of the Defendants Honeywell 2 California 94108, appeared on behalf of the Defendant
10 Corporation; Georgia-Pacific. 10 Todd Shipyards Corp.
id 11
12 CONNIE LEAHY (by telephone), Sedgwick, Detert, | 12
13 Moran & Arnold, One Market Plaza, Steuart Tower, 8th 13
14 Floor, San Francisco, California 94105, appeared on a4
18 behalf of the Defendant PG&E. 45
16 16
17 ALLISON B. SUROWITZ, Selman Breitman, 33 New | 1?
18 Montgomery Street, Sixth Floor, San Francisco, 18
193 California 94105, appeared on behalf of the Defendants is
20 Atlas Heating; Douglass Insulation. 20
21 21
22 MICHELLE HIRTH (by telephone), Sheppard Mullin, | 22
23 Four Embarcadero Center, San Francisco, California 23
24 94311, appeared on behalf of the Defendant MRC 24
25 Holdings. 25

4 (Pages 10 to 13)

R. Ross, Vol. I 2/20/08Page 14 Page 16

1 ROBERT ROSS, 1 on your credibility, do you understand that?

2 swom as a witness, 2 A. Yes.

3 testified as follows: 3 Q. If you need to take a break at any time for any

4 EXAMINATION BY MS. NAGPAL: 4 reason whether to stretch your legs, speak to your

$ Q. Good morning, Mr. Ross. 5 attorney and just let me know, we'll be happy to

6 A. Good moming. . 6 accommodate you; okay?

7 Q. My name is Anjali Nagal. I introduced myself 7 A. Yes.

8 to you off the record. I'm going to be the attomey g Q. We try to break every hour and it's about a

9 asking you the majority of the questions this morning, 2 little after 9:30. Now so we'll probably take our
10 although there are several other attorneys in this room 10 first break about 9:30 and if you need to take a break
11. and the adjoining room and on the phone that will also 11 earlier let me know.
12 have the opportunity to ask you questions, okay? 12 A. Okay.
13 A, Okay. 13 Q. You're doing really great in providing a verbal
14 Q. Can you hear me okay so far? 14 response, but I just want you to know that nods of the
15 A. So far. 15 heads, shrugs of the shoulders, and “uh-huh” and
16 Q. Do you understand that you have taken an oath 16 "huh-uh," although they will be noted for the record,
17 to tell the truth? 17 we may not be able to understand what that means when
18 A. Yes, malar. 18 we are reading the transcript; do you understand that?
ig Q. And everything that you are saying today is 19 A. Yes, ma'am.
20 testimony as if you were in a court of law, do you 20 Q. I'm going to be asking you questions about
21 understand that? 21 information that goes back quite a few years, and you
22 A. Yes, ma'am. 22 may not remember an exact date. You may not remember]
23 Q. And your testimony and the questions that I ask 23° an exact name, an exact location, but what I am
24 you are being taken down verbatim, word for word by the] 24 entitled to today is your best recollection and your
25 court reporter who is sitting te my right, do you 25 best estimate.

Page 15 . Page 17

1 understand that? 1 Do you understand that?

2 A. Yes. 2 A. Yes, ma'am.

3 Q. For that reason we need to get a verbal 3 Q. Lalso don't want you to guess and speculate

4 response to every question that 1 ask you, do you 4 because that doesn't help us and that doesn't help you

5 understand that? 5 either.

6 A. Yes. 6 Do you understand that?

7 Q. And you're doing really great so far. I just 7 A. Yes, ma’am.

8 need to tell you what the ground rules of the 8 Q. And i know you know what the difference is

9 deposition are even though your attorney has probably 9 between a guess and an estimate, or an approximation.
10 told you what they are just, so that we know we're on 10 But I'm going to give you a little example anyway. If
11 the same page or that we have it on the record; okay? 11. I were to ask you to estimate the length of this table
12 A, Okay. 12 you could probably take a look at it and give me an
13 Q. After the deposition is completed you will have 13 educated estimate of it, is it correct?
14 an opportunity to review the transcript either by 14 A. Yes.
15 coming into the court reporter's office or if your 15 Q. If 1 were to ask you the length of my dining
16 attorney chooses to send you a copy you can review 16 table at home that would be something you would be
17 that, and make any changes that you feel are 17 speculating about; is that correct?
18 appropriate. Do you understand that? 18 A. Yes.
19 A. Yes. 19 Q. Okay.
20 Q. However, I do have to caution you that changes 20 And, i'm also going to be asking you.questions
21. that you make, if they are substantive in nature as 21. that may seem redundant in nature for each job site,
22 opposed to a spelling change, or something minor like 22 for instance, but you -- just be patient and bear with
23 that, a date, minor date change, change of amount or 23 me and we'll get through it because that's just the way
24 something like that, myself or anybody else can be this process works and we have to go through your
25 comment upon those changes and that have 2

5 (Pages 14 to 17)

Aiken & Welch Court Reporters R. Ross, Vol. I 2/20/08Page 174

L A. Ican't remember that. Powerhouse is -- to the
2 best of my knowledge it was Eagle-Picher.

3 Q. Again, you're looking at a document that's in
4 your orange binder, Exhibit B, is that a list of

5 products that you created?

6 A. Yes, I created some of these products. I put
7 everything altogether. I researched things that did

8 that and did that the best I could.

9 Q. When did you create that list?

A. The last six or seven months and I had some
given to me by the union.

Q. And when you say you did some research, what
kind of research did you do? -

A. Talking to people, thinking about things, just
try to go over in my mind what happened at that
particular time.

Q. And is there a particular time frame that those
materials cover? In other words, did you look at a
particular time frame in your job history and then
create a list of products that you worked with or
around in that time frame?

A. No, uh-uh. But these -- no.

Q. That's just throughout your career?

A. Throughout my career 1 used most of these
products, yeah, until they, yes:

Page 175

1 Q. And you said you also took pipe covering to
2 mechanics. Was there some other material or are you
3. referring to the mud that you mixed?
4 A. I distributed -~
5 MR. SOLOMON: Objection. The question is not
6 coherent.
7 Go ahead, sir.
8 THE WITNESS: | distributed mud, different
9 - types of mud, and I distributed the pipe covering to
the mechanics on the job.
BY MS. NAGPAL:

Q. Do you know the brand name, manufacturer or
supplier of the pipe covering?

A. I'malmost -- the best of my recollection it
was J-M.

Q. Were you in the presence of any -- strike that.

Did you ever have to cut into any of the J-M

pipe covering?

A. Did 1?

Q. Correct.

A. Yes,

Q. And how many times do you recall cutting into
that material?

A. Many times.

Q._Can you estimate for me whether it was five

Aiken & Welch Court Reporters

vor scoring any of the block or cutting into any of the

‘ever wear any kind of a mask or a respirator?

~ or was this plant already in existence?

Page 176

times, ten times, a dozen times?

A. Many times. I'll give you an example if you
like. I'm adding on to this but I'll give you an
example. We used to skin a saw, this is just one of
the things we did. And we'd score the blocks. So they
would break easily over the vessels. And that's, you
know, that's quite a bit if you're scoring four boxes
of block, why, that's a lot. I don't remember. Many
times.

Q. Is that something you did on a daily basis?

A. No. Depends if they were doing a tank.or not.

Q. And when you were either mixing any of the mud

pipe covering at the fertilizer plant in Helm, did'you

A. That was the start of my career. At that
particular time, no.

Q. Did you use any gloves when you were cutting
into the material or mixing the mud?

A. No, ma'am,

Q. Was this new construction of a fertilizer plant

A. Well, to my best recollection, it was already
in existence. This was just an add-on to it.
Q. Did you see any demolition or tearout being

Page 177

performed at the fertilizer plant?

A. Not that I can -- not that I can -- not -- 1
don't have any recollection of.

MR. SOLOMON: Technically speaking, if there's
any tie-ins and some insulation is removed in a tie-in,
that falls into what they're describing as a tearout.

i just want to make sure you're clear on their question
which I think is designed to be unclear.

THE WITNESS: Well, I seen that.

BY MS. NAGPAL:

Q. You saw some tie-in work?

A. Well, yes. They had existing. Do you want me
to explain how it is?

Q. Sure.

A. They have existing 6-inch pipe with asbestos on
it. They want to tie in there, they had to tear out
the asbestos, let it fall all over, stick it in there,
weld the pipe and somebody has to go in there
eventually and patch all that up ‘and carry on with
their work,

Q. Do you know the brand name or manufacturer 0!
any of the existing pipe covering that is tom off at
the fertilizer plant in Helm?

A. [can't remember -- I can't remember anything.
I can't recall i

45
Vol. I

(Pages 174 to 177)

R. Ross, 2/20/08Page 230
1
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SIGNATURE OF WITNESS
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Page 231
1 STATE OF CALIFORNIA )
2 . )
3 COUNTY OF ALAMEDA)
4
3 I, EARLY K. LANGLEY, do hereby certify:
6 That ROBERT ROSS, in the foregoing deposition
7 named, was present and by me swom as a witness in the _
8 above-entitled action at the time and place therein
9 specified;
10 That said deposition was taken before me at said
11. time and place, and was taken down in shorthand by me,
12 a Certified Shorthand Reporter of the State of
13 California, and was thereafter tanscribed into
14 typewriting, and that the foregoing transcript ‘
15 constitutes a full, true and correct report of said
16 deposition and of the proceedings that took place;
17 IN WITNESS WHEREOF, I have hereunder subscribed my
18 hand this 2nd day of March 2008.
EARLY K. LANGLEY, CSR No. 3537
State of Califomia

59 (Pages 230 to 231)
Aiken & Welch Court Reporters R. Ross, Vol. I 2/20/08Searined Copy

IN THE SUPERIOR COURT: OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
-7-000+~=
ROBERT ROSS,
Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

DEPOSITION OF ROBERT ROSS
VOLUME If

(Page to 232 ~ 506)

Taken before EARLY K. LANGLEY, RMR

CSR No. 3537

February 21, 2008Page 233

3 INDEX PAGE i ERIN MCGAHEBY, Sinunu, Bruni, LLP, 633 Pine
3. EXAMINATION BY MS. RASMUSSEN 245, 283, 306 2 Street, Suite 400, San Francisco, California 94108,
‘ Ms 3 3 3 appeared on behalf of the Defendants Valley Shect
5 432, 463 4 Metal; and Rosendin Electric, Incorporated.
EXAMINATION BY MR.KASTER 258, 278 5 a
6 6 SUSAN FRENCH, Archer Norris, 2033 North Main
WN BY MS. 302, 36: vee .
7 PAAMINATION BY eee ak 305 7 Street, Suite 800, Walnut Creek, California 94596
8 ae Be 3 8 appeared on behalf of the Defendants Cahill :
5 ag 3 Construction Company; Anderson, Rowe & Buckley; and
EXAMINATION BY MS.FOSTERLOVAS — 278, 304,339 10. Frank Bonetti Plumbing, Incorporated.
10 363, 372, 388 Li fi
408, : sai 6.
n ones 12 SANDRA FOSTER LOVAS, Bassi, Martini, Edlin & [
az TMAMINATION BY MS. OKUMOTO 282,339,429 13 Blum, 351 California Street, Suite 200, San Francisco,
EXAMINATION BY MS, LEAHY 308 14 Califomia 94104, appeared on behalf of the Defendant
3 :
° EXAMINATION BY MS, VOTAW 340 15 Kaiser Gypsum Company, Incorporated.

EXAMINATION BY MS. GAMBINO ——_360, 409, 428 . . li
38 17 VINEET K.. SOOD, AT&T Services, Inc., 525 Market
ag PRAMINATION BY MR SoN 360, 372, 387 18 Street, Room 2009, San Francisco, California 94105,
17 EXAMINATION BY MR. JONES 388 19 appeared on behalf of the Defendant Pacific Bell
18 EXAMINATION BY MR, NUSSBAUM 429 :
19 EXAMINATION BY MR. HOLL 439, 20 Telephone Company.
20 EXAMINATION BY MS.TORESON 456 21
21 EXAMINATION BY MR. RELIFORD = 477 22
22
23 EXHIBITS 23
DEFENDANTS! PAGE
24 24
D Document entitled "Bxhi 248 25

98 pages with handwriting

- Page 234 Page 236f

ROBIN HART, Becherer, Kannett & Schweitzer,
2200 Powell Street, Suite 805, Emeryville, California i
94608, appeared on behalf of the Defendants Bridgestone #
Firestone; Dillingham Construction Corporation; and
Johnson Controls, Incorporated.

DEPOSITION OF ROBERT ROSS

1 1
2 2
3 BE IT REMEMBERED, that pursuant to Notice, and on 3
4 the 21st day of February 2008, commencing at the hour 4
5 of 9:07 am., in the offices of Aiken & Welch, 5
6 Incorporated, One Kaiser Plaza, Suite 505, Oakland, 6
7 Califomia, before me, EARLY LANGLEY, a Certified 7
8 Shorthand Reporter, personally appeared ROBERT ROSS, 8
9 produced as a witness in said action, and being by me 9

ESTIE A. MANCHIK (by telephone), Barg Coffin. - iP
Lewis & Trapp, 350 California Street, 22nd Floor, San
Francisco, California 94104, was present on behalf of

10 first duly sworn, was thereupon examined as a witness 10 the Defendant The Board of Trustees of the Leland

11 in said cause. 11 Stanford Junior University.

12 12

13 ~-000--- 13. JOHN KIRBY (in person and by telephone),

14 . 14 Bumham & Brown, 190] Harrison Street, 11th Floor,

45 ERIC SOLOMON, Brayton Purcell, 222 Rush Landing | 25 Oakland, California 94604, appeared on behalf of the «
16 Road, Novato, California 94948, appeared on behalf of 16 Defendants Golden Gate Drywall, Incorporated; and S.W.
17° the Plaintiff. 17 Spencer & Son, Incorporated.

STEPHEN HARRINGTON, Clapp, Moroney, Be!lagambal|
and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno,
California 94066, appeared on behalf of the Defendant

Contra Costa Electric, Incorporated.

Aiken & Welch Court Reporters

DREXWELL M. JONES, Buty & Curliano, 555 12th}
Street, Suite 1280, Oakland, California 94607, appeared -
on behalf of the Defendants Western Building Materials
Supply; and Beasley Plumbing.

2 (Pages 233 to 236)
R. Ross, Vol. II 2/21/08Page 237

JENNIFER RASMUSSEN, Pond North, 505 Montgomery
Street, 13th Floor, San Francisco, California 94111,
appeared on behalf of the Defendant Temporary Plant
Cleaners.

CYNTHIA SOLIMAN, Ericksen, Arbuthnot, Kilduff,
Day, 111 Sutter Street, Suite $75, San Francisco,
California 94104, appeared on n behalf of the Defendant
9 Ampex Corporation.

Page 239}

JOE SPATARO, Gordon & Rees, 275 Battery Street,
20th Floor, San Francisco, California 94111, appeared
on behalf of the Defendants Hussman Corporation; and
Rosendahl Corporation.

MARIA ZEYREK (by telephone), Haight, Brown &
Bonesteel, 100 Bush Street, 27th Floor, San Francisco,
California 94104, was present on behalf of the

Defendant Robert Shaw Controls Company.

10 10 x
i 1 ROLAND THE, Brydon, Hugo & Parker, 135 Main ah GREGORY KIM (by telephone), Hassard Bonnington, |,
i 12 Street, Suite 200, San Francisco, California 94105, 12 Two Embarcadero Center, {8th Floor, San Francisco, li

appeared on behalf of the Defendants Foster Wheeler California 94111, was present on behalf of the

14 Corporation; Perini Corporation; and Fireman’s Fund. 14 Defendant Sequoia Ventures, Incorporated.

15 15

16 BEN HOLL (by telephone), Drinker, Biddle & 16 JUSTIN MCKENNA (by telephone), Bullivant Houser’
17° Reath LLP, SO Fremont Street, 20th Floor, San 17 Bailey, 1415 L Street, Suite 1000, Sacramento, i

Francisco, California 94105, was present on behalf of California 95814, was present on behalf of the

: 19 the Defendant Monsanto Corporation. 19 Defendant Louisiana-Pacific Corporation.
: 20 20
21 LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa | 21 JOSHUA D. WHITE, Yaron & Associates, 601
22 & McLeod, 1999 Harrison Street, 18th Floor, Oakiand, 22 California Street, 2ist Floor, San Francisco,
23 California 94612, appeared on behalf of the Defendant 23 California 94108, appeared on behalf of the Defendant
: 24 Hewlett-Packard Company. 24 Todd Shipyards Corporation.
as . 25
Page 238 Page 240]
1 HOLLY ACEVEDO (by telephone), Filice, Brown, i NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
2 Eassa & McLeod, 1999 Harrison Street, 18th Floor, 2 101 California Street, 41st Floor, San Francisco, :
3 Oakland, California 94612, was present on behalf of the 3 California 94111, appeared on behalf of the Defendants
4 Defendant Tosco Refining Company. 4 D. Zelinsky & Sons, Incorporated; ITT Industries,
§ S Incorporated; Metalclad Insulation Corporation, and
6 SABRINA AXT, Foley & Mansfield, 1111 Broadway, | 6 Rudolph & Sletten, Incorporated.
7 0th Floor, Oakland, California 94612, appeared on 7 *
8 behalf of the Defendants A&A Mechanical Contractors, 8 MARY ELLEN GAMBINO; Schiff Hardin, One Market

9 Incorporated; Fluor Corporation; and Raymond Interior 9 Spear Street Tower, San Francisco, California 94105,

10 Systerns-North. 10 appeared on behalf of the Defendant F.P, Lathrop

12 11 Constraction Company,

12 ZACH LEWIS (by telephone), Dal Soglio & 12

13 Martens, 2250 East Imperial Highway, Suite 200, El 13 ALBERT THUESEN (by telephone), Jackson &
14 Segundo, California 90245, was present on behalf of the 14 Wallace, 55 Francisco Street, Suite 600, San Francisco,

15 Defendant Aerojet General Corporation. 15 California 94113, was present on behalf of the

16 16 Defendants Colgate-Palmotive Company; and Goodioe B.
17 MARY PAK, Foley & Mansfield, 1111 Broadway, 17 Moore.

18 10th Floor, Oakland, California 94612, appeared on 18

19 behalf of the Defendant D.W. Nicholson Corporation. 19 ANJALI NAGPAL, Lewis, Brisbois, Bisgaard &

20 20 Smith, Onc Sansome Street, 14th Floor, San Francisco,
21 FAITH WOLINSKY (by telephone), Glaspy & Glaspy,| 21 California 94104, appeared on behalf of the Defendant
22 100 Pringle Avenue, Suite 750, Walnut Creek, Califoria | 22 Plant Insulation Company,

23 94596, was present on behalf of the Defendant Fairmont 23

Hotel.

(Pages 237 to 240)
Il 2/21/08

3
Vol.

Aiken & Welch Court Reporters R. Ross,Page 242

STEVE LATHRAM, Lynch, Gilardi & Grummer, 475
Sansome Street, Suite 1800, San Francisco, California.
94111, appeared on behalf of the Defendant Swinerton
Builders.

KATHY HUYNH (by telephone), Low, Ball & Lynch,
505 California Street, 7th Floor, San Francisco, 5
California 94111, was present on behalf of the

Defendants O.C, McDonald & Co.; and Cooper Brothers.

JEFF MINNERY (by telephone), Gibson, Dunn &
Crutcher, One Montgomery Street, Post Montgomery
Center, San Francisco, California 94104-4505, was
present on behalf of the Defendant Genentech,
Incorporated.

JANE BLUMBERG (by telephone), Prindle, Decker &
Amaro, 369 Pine Street, Suite 800, San Francisco,
California 94104, was present on behalf of the
Defendants Consolidated Insulation Company; Frederick
Meiswinkel, Incorporated; C.F. Braun Company; Triple A
Machine Shop; and Trane US, Incorporated.

Page 243

ARTHUR J. RELIFORD, JR., P. STEPHEN FARDY, |]
Swanson, Martin & Bell LLP, 330 North Wabash; Chicago,
Illinois 60611, appeared on behalf of the Defendant
Earthgrains Baking Company, Incorporated.

STEVEN J. SHIN, Walsworth, Franklin, Bevins &
McCall, 601 Montgomery Street, 9th Floor, San
Francisco, California 94111, appeared'on behalf of the
Defendants Cleaver-Brooks, Incorporated; Oscar E.
Erickson, Incorporated; and The Henry Company.

KRISTI K. OKUMOTO, Walsworth, Franklin; Bevins
& McCall, 601 Montgomery Street, 9th Floor, San -
Francisco, California 94111, appeared on behalf of the
Defendants Thomas Dee Engineering Company; and Pierce,
Enterprises.

BRIAN NUSSBAUM, Vasquez & Estrada LLP, 1000 §
Fourth Street, Avenue, Suite 700, San Rafael, i
California 94901, appeared on behalf of the Defendants
FDCC, Incorporated; Lamons Metal Gasket Company;
Monterey Mechanical Company; and Scott Co.

Page 242

CHRISTINE TORESON, Perkins Coie, 180 Townsend
Street, Third Floor, San Francisco, California 94107,
appeared on behalf of the Defendants Honeywell
Intemational, Incorporated; and Georgia-Pacific
Corporation.

CONNIE LEAHY (by telephone), Sedgwick, Detert,
Moran & Amold, One Market Plaza, Steuart Tower, 8th
Floor, San Francisco, California 94105, was present on.
behalf of the Defendant PG&E.

ALLISON B. SUROWITZ, Selman Breitman, 33 New
Montgomery Street, Sixth Floor, San Francisco,
California 94105, appeared on behalf of the Defendants
Atlas Heating & Air Conditioning; and Douglass
Insulation Company.

LINDA S. VOTAW (by telephone), Manatt Phelps &
Phiilips, One Embarcadero Center, Suite 3000, San
Francisco, California 94111, was present on behalf of
the Defendant Cal-Steam Supply, Incorporated.

Aiken & Welch Court Reporters

Page 244}

ROBERT ROSS,
previously swom as a witness,
testified as follows:

MR. SOLOMON: Good moming. This is-Eric
Solomon. Last night, or this morning, it came to my
attention that my client has a couple of rog books
pertaining to years during which he served as an *
insulator. I believe I had one year forthe '75, one
for the year '76 and one for the year '79. I gave
those to Early and I think she is already making
arrangements to get a couple of copies made. I'm not
sure how many of you will want more.

{Phone interruption.)

(Off the record.}

MS. RASMUSSEN: You were going to state
something on the record in reference to documents he
produced this morning?

MR. SOLOMON: Right. I was in the middle of
that. Okay. We did produce three logbooks pertaining
to the years 1975, 1976, and 1979, i

Some copies are being made, but there will
probably have to be more made depending on how many
people want them. I'm not sure if he has other
logbooks. But at this time that's all I could find.

4 (Pages 241 to 244)

R. Ross, Vol. -II 2/21/08A. That's all } can remember at this ti

Aiken & Welch Court Reporters

Page 301 Page 303 b
L A. Yes, ma'am. L Q. Tunderstand that Western Asbestos had the
2 Q. Do you know what --.for what purpose the masks | 2 piping contract.
3 were provided to you? ‘ 3 A. Yes, ma'am.
4 “MR. SOLOMON: Well, objection. That seeks the | 4 Q. And were there any other insulators, insulating
5 witness to speculate. Lacks foundation of personal 5 contractors at this site other than Western Asbestos?
6 knowledge. 6 A. Yes, ma'am. ,
7 Go ahead, sir. ? Q, What other insulating contractors were at this
8 MS. RASMUSSEN: I'll strike the question. 8 site? E
9 BY MS. RASMUSSEN: 9 MR. SOLOMON: Objection. The question ignores}
10 Q. Were you ever told for what purpose the masks 10 his prior testimony, so it's harassing and oppressive.
11 were Provided to you? 1L Go ahead, sir,
12 A. No, ma'am. 12 THE WITNESS: J.T. Thorpe & Sons.
13 Q. Were you told you were required to wear a mask?| 13 BY MS. NAGPAL:
14 A. No, ma‘am. 14 Q. And they were working on the boilers; is that
1s Q. Why did you wear ainask? 15 correct?
16 A. [personally wore a mask because asbestos and 16 A. Yes, ma'am.
17 fiberglass made me cough. So, I just eliminated that. 17 Q. And, do you know the brand or manufacturer or
18 Q. Would you wear the same mask all day or would | 18 supplier of the insulating materials that J.T. Thorpe
19 you wear more than one different mask ~ 19 was using?
20 A. No. 20 A. [can't remember at this time.
2u Q, in any given day? 2i Q. Other than insulation on the pipes and boilers,
22 A. Just one day. One mask. 22. did you see anybody insulate any other equipment or
23 Q. Would you change the mask daily? 23° vessels?
24 A. Yes, ma'am. 24 A. I can't remember at this time.
25 Q. Did you ever attend any union meetings where 25 Q. What was the size of the Western Asbestos crew
Page 302 Page 304%
1 the use of masks was discussed? 1 at this jobsite?
2 A. No, ma'am. 2 A. It varied. I'd say anywhere from 10 to 40 men.
3 Q. Did you ever receive any yy materials from your 3 MS. NAGPAL: Thank you, sir.
4 union regarding the use of paper masks or other types 4 That's all I have.
5 of respiratory equipment? 5 MR. SOLOMON: Anybody else in the room or shall
6 A. No, ma'am. 6 we go to the phone? .
7 MS. RASMUSSEN: Follow-up on the PG&E Pittsburg) 7 EXAMINATION BY MS. FOSTER LOVAS:
8 site? 8 Q. You had mentioned some information at the site.
9 MS. NAGPAL: Good morning -- 9 A. Yes, ma'am.
10 MS. LEAHY: Ihave -- 10. Q. Is it true that John Hoyt, Roger Fonken and
a1 MR. SOLOMON: Connie, we are going to go ahead. «=| 11 Donald Cox are all clients of Brayton Purcell?
12 and finish the table first, but we won't forget you. 12 MR. SOLOMON: Well, 1 don’t know ifhe knows
13 Anjali has some questions. 13 that or not.
14 MS. RASMUSSEN: I should have been more clear. 14 MS. FOSTER LOVAS: May L ask you or would you
15 We'll do follow-up in the room first. 15 be-- [
16 EXAMINATION BY MS. NAGPAL: 16 MR. SOLOMON: You can ask me anything you want.
17 Q. Sir, what insulating products were you using at 17 Only problem is I'm not under oath so I have no
18 the PG&E Pittsburg facility in the 1960 time frame that 18 obligation to respond.
19° we're talking about? . 19 MS. FOSTER LOVAS: Well, do you choose to
20 A. Johns-Manville. 20 respond?
21 Q. Anything else? 21 MR. SOLOMON: I could tell you that Roger
22 A. We used metal, the mastics that 1 mentioned. 22 Fenken is our client, John Hoyt, I don't know if he's
23 Eagle-Picher mud. 23. alive. He was our client. Ifhe's alive, he's our _
Q. Is that it? 24 client. Eddie Story is dead. Jack Kish is dead. Who

?

else am I being asked ab

19 (Pages 301 to 304)

R. Ross, Vol. II 2/21/08he's tired and he's had enough,
MR. SHIN: That's fine.
MR, SOLOMON: Can we go off the record?
MS. NAGPAL: Yes.
9 MR. SOLOMON: Resume tomorrow moming at 9:00,

10 (Whereupon, the deposition was adjourned

il at 2:50 p.m.}

12 (Total time elapsed: 9 hours 19 minutes.)

Page 505

1

2 Q And

3 MR. SOLOMON: Tell you what. I'm not going to nn

4 cut off your questioning, but just for today. I think .

5

6

7

8

SIGNATURE OF WITNESS

Page 506

STATE OF CALIFORNIA )

)
COUNTY OF ALAMEDA)

That ROBERT ROSS, 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

3 specified;
10 That said deposition was taken before me at said
11. time and place, and was taken down in shorthand by me,
12 a Certified Shorthand Reporter of the State of
13 California, and was thereafter transcribed into
14 typewriting, and that the foregoing transcript
15 constitutes a full, true and correct report of said
16 deposition and of the proceedings that took place;
17 IN WITNESS WHEREOF, I have hereunder subscribed my
18 hand this 2nd day of March 2008.

1
2
3
4
5 I, EARLY K. LANGLEY, do hereby certify:
6
7
8

EARLY K. LANGLEY, CSR No. 3537
2a State of California

ETT

70 (Pages 505 to 506)
Aiken & Welch Court Reporters R. Ross, Vol. II 2/21/08