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,

ALAN R. BRAYTON, ESQ., S.B. #73685

DAVID R. DONADIO, ESQ., S.B. #154436

MICHAEL D. LEVINSON, ESQ., S.B. #271556 ELECTRONICALLY
BRAYTON@PURCELL LLP FILED
Attorneys at Law Superior Court of California,
222 Rush Landing Road County of San Francisco
P.O. Box 6169

Novato, California 94948-6169 APR 25 2013
(415) 898-1555 Clerk of the Court
Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com BY: ALISON ae puty clerk
Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, ASBESTOS

No. CGC-10-275731
Plaintiffs,
DECLARATION OF MICHAEL D.

LEVINSON IN SUPPORT OF
PLAINTIFFS’ OPPOSITION TO
DEFENDANT ALBAY CONSTRUCTION
COMPANY’S MOTION FOR SUMMARY
JUDGMENT

vs.

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

herein; and DOES 1-8500.

ee

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, Michael D. Levinson, 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 fo1
plaintiffs herein and as such am fully familiar with the facts of this case, and if called as a
witness regarding the matters set forth below, I would so testify.

2. Attached hereto as Exhibit A is a true and correct copy of the declaration of plaintiff
ROBERT ROSS. .

- 3, Attached hereto as Exhibit B is a true and correct copy of excerpts from the deposition!

testimony of plaintiff ROBERT ROSS taken in the instant matter and in plaintiff's prior

K Mbjured\9349.o\ddecl MDL ALBAY.wpd 1 MDL.
DECLARATION MICHAEL D. LEVINSON OF IN SUPPORT OF PLAINTIFFS: OPPOSITION TO DEFENDANT ALBAY
CONSTRUCTION COMPANY'S MOTION FOR SUMMARY JUDGMENT1 || asbestos-related personal injury matter, at which ALBAY was present, Robert Ross v. Asbestos
Defendants (B4P), San Francisco Superior Court No. CGC-07-274099 filed March 5, 2007.

4. Attached hereto as Exhibit C is a true and correct copy of the declaration of plaintiffs’
expert Richard Cohen, M.D., M.P.H.
I declare under penalty of perjury under the laws of the State of California that the

Executed on Y 25 | 13 pat vet .
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2

3

4

5
| 6 || foregoing is true and correct.
7

8

9 Michael D. Levinson

0

i MPL ALBAY upd 2 MDL
DECLARATION MICHAEL D, LEVINSON OF IN SUPPORT OF PL AINTIFRS OP!
CONSTRUCTION COMPANY'S MOTION FOR SUMMARY JUDGME! POSITION TO DEFENDANT ALBAYEXHIBIT ABRAYTON®PURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

P.O BOX 6169
NOVATO, CALIFORNIA 94948-6169

G15) 898-1555

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NON N NR NR RN NY De em eH Be eB Re ew OR ee
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ALAN R. BRAYTON, ESQ., S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
MICHAEL D. LEVINSON, ESQ., S.B. #271556
BRAYTON*“PURCELL LLP

Attorneys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169

(415) 898-1555

Bi PAX

Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com

Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, ASBESTOS

No. CGC-10-275731

Plaintiffs, |
. ) DECLARATION OF ROBERT ROSS IN

vs. . SUPPORT OF PLAINTIFFS’

OPPOSITION TO DEFENDANT ALBAY
C.C. MOORE & CO. ENGINEERS; CONSTRUCTION COMPANY’S:
Defendants as Reflected on Exhibit 1 MOTION FOR SUMMARY JUDGMENT
attached to the Summary Complaint a
herein; and DOES 1-8500.

x Date: May 9, 2013
Time: 9:30 a.m,

I, Robert Ross, declare as follows:

Dept: 503, Hon. Teri L. Jackson
Trial Date: June 10, 2013
Action Filed: December 17, 2010

1. Lam the plaintiff in this action. The information stated herein is true to my own

personal knowledge and, if called as a witness, [ could and would testify competently thereto.

2. I was a career insulator. Throughout my career as an insulator from 1959 to the early

1990s, I worked at hundreds of job locations and sites.

3. As I testified to in my deposition both in this case and my prior asbestos-related
personal case, I worked alongside employees of ALBAY CONSTRUCTION COMPANY
(“ALBAY”) at three specific job sites during my career: 1) Hewlett Packard in the San Jose, CA

area in 1959; 2) the Standard Oil refinery in Richmond, CA for one to two weeks between 1961
and 1965; and 3) the Shell Oil refinery in Martinez, CA for five weeks between 1961 and 1965.

Kilnjured 193 4p\phihdee oss: ALBAY. wpd 1

DECLARATION OF ROBERT ROSS IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ALBAY CONSTRUCTION

COMPANY'S MOTION FOR SUMMARY JUDGMENTI
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4, As I testified to in my deposition in my prior asbestos-related personal case, which
ALBAY was present at, ALBAY employed laborers when I worked at Hewlett Packard. 1
identified the ALBAY laborers by their hardhats and job shack, which said the name “Albay” on
them. The ALBAY laborers would sweep up asbestos-containing materials on a regular basis
using push brooms and shovels. The debris being swept up in my presence included pipe
insulation materials that my crew and I were working with, including Unibestos half-round pipe
covering, Johns Manville caleium silicate half-round pipe covering, and Blue asbestos mud. |
was anywhere from five to twenty feet away when ALBAY laborers swept debris from these _
materials up in my presence on a daily basis, which caused me to be exposed to respirable
asbestos fibers that ] breathed in.

5. As] testified to in my deposition in my prior asbestos-related personal case, which
ALBAY was present at, ALBAY employed laborers when I worked at Standard Oil. I identified
ALBAY laborers by their hardhats, which said “Albay”. I worked around ALBAY employees at
this location on two different projects for a total of 14 or 15 days. During this time, I worked on
insulating new piping systems, The ALBAY laborers swept up asbestos-containing insulation
materials and gasket debris on the ground with brooms and shovels, including dried insulating
muds. ] was anywhere from five to twenty feet away when ALBAY laborers swept these

materials up in my presence, which exposed me to respirable asbestos fibers.

6. As | testified to in my deposition in this case, which ALBAY was present at, I worked
around ALBAY laborers at Shell Oil. J identified ALBAY laborers by their hardhats, which said

“Albay” on them. ALBAY laborers used brooms, shovels, and wheelbarrows to clean up the
work site. ALBAY laborers swept the area after my crew and J installed new insulation,
including Johns Manville block insulation, Johns Manville 85% magnesia mud, blue mud, and
Johns Manville “Thermobestos” half-round pipe insulation, every day during the five-week A
period, which caused me to breath in respirable asbestos fibers.

1 During my career; I have installed insulation that came out of boxes indicating the
asbestos-content of that insulation. For example, some of these boxes, including the Johns

Manville magnesia I worked with at Shell Oil, would say 85% magnesia and 15% asbestos. The

K AUpjured\ 195 49\pididec-Rose-ALBAY. 2
DECLARATION OF ROBERT ROSS WW SUPFORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ALBAY CONSTRUCTION
COMPANY'S MOTION FOR SUMMARY JUDGMENPAGE 1/81
04/23/2813 21:46 8183683792 EMERALD ESTATE

boxes of calcium silicate pipe insulation, including the Johns Manville calcium silicate that {
worked with at Hewlett Packard and the Johns Manville “Thermobestos” that I worked with at
Shei Oil, had the wording printed on them “CONTAINS ASBESTOS”. Additionally, Pittsburg
Corning’s “Unibestos” half-round pipe insulation that I worked with at Hewlett Packard always
contained asbestos for as long as it was in existence. Not only did the “Unibestos” boxes state
that it was asbestos-containing but tite asbestos fibers were easily visible on the dark, prickly
surface and made up most of the insulation’s composition. At the three job sites described
above, I had to cut the insulation to size on numerous occasions. This caused dust and debris te

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fall to the ground, which ALBAY laborers then swept up in my presence causing me tobe
exposed to respirable asbestos fibers that I breathed in.

8. During these three projects described above, I wore white 3M paper masks. These
masks were also thin. When I performed my insulation work and was around ALBAY laborers *
performing clean, up work, debris and other materials would still accumulate underneath the
task. Additionally, despite wearing these masks, I would still have dust and debris accummulate

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in and around ry nose and mouth. Moreover, these masks were not form-fitted to my face, and
frequently slipped or fell off. When I would sweat, they would not seal. Thus, even though I
17} wore a mask, it offered almost no protection and did not prevent me from being exposed to

18} asbestos when ALBAY laborers were sweeping up in my presence. ,

19 9. ALBAY employees did not take any measures to avoid or reduce the creation of dust
20/| from their work. They did not physically isolate the areas where they swept up asbestos-

211 containing materials and created dust nor did they undertake any measures to warn or exclude
22 || workers like myself from. being in close proximity when they created asbestos dust.

23 I declare under penalty of perjury under the laws of the State of California that the

24 || foregoing is true and correct.

25 Executed on April 2, 2013, at_"[ esc aust, Arizona. .
“| BYFAX = =e

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DECLARATION OF ROBERT ROSS IN SUPPORT OF i
DECLARATION OF ROBERT ROBE IN SUPPORT OF PLAINTIFIS' OPPOSITION TO DEFENDANT ALBAV CONSTR

04/24/2013 9:49AM (GMT-07:00)EXHIBIT BIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
~~-000---
ROBERT ROSS,
Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

NEWLY SERVED
DEPOSITION OF ROBERT ROSS

VOLUME IV (Pages 742 to 1009.

faken before EARLY K. LANGLEY, RMR
CSR Ne. 3537

August 13, 2009

Searined CopyPage 743

1 INDEX
PAGE
3 EXAMINATION BY MR. LINTZ
991
EXAMINATION BY MR. LAWTON
EXAMINATION BY MR. TOOMEY 838

EXAMINATION BY MR. SMITH

‘752, 786, 966

783, 187

853, 963, 993
EXAMINATION BY MS. CHEW 906, 996
EXAMINATION BY MS. TANTILLO- 920, 990
. EXAMINATION BY MS. RODRIGUES 924
EXAMINATION BY MR. JACOBS. 942
EXAMINATION BY MS. LUBINSKI 994
EXAMINATION BY MR. HENRY 995
EXAMINATION BY MR. SOLOMON 1005

16 MARKED QUESTIONS (*)
7 Page Line

Page 745
DEPOSITION OF ROBERT ROSS

‘BE IT REMEMBERED, that pursuant to Continuance,
and on the 13th day of August 2009, commencing at the
hour of 9:00 am., in the offices of Aiken & Weich, One
Kaiser Plaza, Suite $05, Oakland, California, before
me, EARLY LANGLEY, a Certified Shorthand Reporter,
personally appeated ROBERT ROSS, produced as a witness
in said action, and being by me first duly sworn, was
thereupon examined as a witness in said cause.

000

Brayton Purcell
222 Rush Landing Road
Novato, California 94948

For the Defendants, Dyna Blectric; Contra Costa
Electric,
PATRICK CO (via phone)
Clapp, Moroney, Bellagamba and Vucinich
TI1T Bayhilt Drive, Suite 300
San Bruno, California 94066

For the Defendant A.W. Chesterton Co.:

ANTHONY BLALOCK, JESSE JACOBS {via phone)
Cooley Manion Jones Hake Kurowski LLP

201 Spear St, 18th Floor

San Francisco, California 9410S

Page 744

1 EXHIBITS

2 DEFENDANTS’ PAGE

3 J Collection of handwritten notes 929

4 K Plaintiff's Responses to Special
Interrogatories served by Defendant
Enterprise Plumbing (Marked off record.)

Page 746

Foor the Defendants Vatley Sheet Metal; Rosendin
Elcoiric; Cal Steam Supply; Timec; Fischbach and Moose,
Inc.; Deveen Construction, Ine.:

ROBERT LAWTON

Sinunu, Bruni, LLP

833 Pine Street, Suive 400

San Francisco, Celifornis 98108

For the Defendants Cait; Anderson, Rowe & Buckley;
Frank Bonetti Plumbing, Inc, Cupertino Bleowie, Albay:
KIME SMITH
Archer Nontis
2033 North Main Sireet, Suite 800
Wolo Creck, California 94596

For the Defendants Kaiser Gypsum Company, Ine; Malm
Metal Products, Ing. .T. Thorpe:

PANG LY (vis phone)

Bassi, Martini, Eatin & Blum

351 California Street, Suite 200

San Francisco; California 98104

For the Defendants Ditingham; Johason Controls:

SHAHRAD MILANFAR (via phono}

Becherer, Kannett & Schweitzer

1255 Powell Street

Emeryville, Califorsia
For the Defendant The Board of Trustees of the Leland
Stanford Junior University:

EMILY HALDEMAN,

Burg Coffin Lewis & Trapp

3$0 Californie Strect, 22nd Floor

San Franeisco, Californis 94%04
Forth Defendants Enterprise Plumbing, Ine.; Golésa
Gate Drywali, Ine; FLW. Spencer & Sons, Inc.; Crockett
Elcotric Company:

KIMBERLY 1. CHEW

‘Bumham & Brown

190% Harrison Street, 11th Floor

Onktand, California 94604

cna)

Aiken & Welch Court Reporters

2 {Pages 743 to 746)

R. Ross, Vol. IV, 8/13/09Page 747 Page 749
1 For the Defendants S.J. Amoraso Construetion Co.; . 1 For the Defendant Owens-tiinois:
Harold Beastey Plumbing & Heating Co. 2 ROBERTA DEMPSTER (via phone)
2 Schiff Hardin
1VO G. DANIELE, 3 One Market Spear Street Tower
2 Buty & Curliano San Francisco, California 94105
555 12th Street, Suite 1280 4
4 Gakland, California 94607 ° For the Defendaais Colgate Palmolive; Goodloe E. Moore;
5 For the Defendant Temporary Plant Cleaners: $_ Tumer Construction; Frank M. Booth:
© KRISTEN HANSEN 6 RANDIELINTZ
Pond North Jackson & Wallace
7 505 Montgomery Street, 13th Floor 7 55 Peaneisea Street, Suite 600
Sen Francisco, California 94111 fg __ SinFrancic, Cafomia 54113
4a fs ‘
For the Defendants Fireman's Fund; Bayer CropScience, 5 For the Defendant Swineron Builders:
9 Ine. (Successor to Stauffer Chemical Co., Amehom,
oor ion: . PATRICK LYTLE (by telephone},
ag. (ned Pernt Corpoon ro Pans Pe.
; 750 Lindaro St, Suite 140
un Beano friz phone 31 San Rafeel, California 94901,
135 main Seeen, Same 200 12 FortheDefendans 0.6 MeDonal & Coz Caoper
12 San Francisco, California 94105 Bb *
13. Forthe Defendant Rudolph & Sietten:
14 Soun HATCH. (va Phone) enya is pale ieeh LOUIE (ea phone
shop, Barry, Howe, Haney: en 505 California Street, 7h Floor
4s 2000 Powell Street, Suite 1425 is San Francisce, California, 941 11
ag Smylie, California 94608 16 For the Defendants W.L. Hickey Sons, Inc.; Consolidated
‘ Insulation Company, Frederick Meiswinkei, Ine. Triple
For the Defendants Raymond Interior Systems-North; 17 A Machine Shop; Trane US Inc.; ITT Corp.; Universal
17 Mateal Associates: Mechanical Engincoring:
ie ROGER YUEN, RYAN BLACKHART (via phone} 18 $
Foley & Mansficld MICHELLE C. GOLDEN
19 "TNT Broadway, 10th Floor 19 Prindle, Decker & Amaro
gp mle Califia 4612 369 Pive Sirest, Suite 800
20 San Francisco, California 94104
For the Defendants A&A Mechanical Contractors, In. 21 For the Defendants Atles Heating && Ventilating Co.;
22 DW, Nicholson Corporation; Fluor Corporation: Douglass insulation Company; LJ. Kruse Company:
22 NANCY ZABALA GRAHAM (via phone) 22
Foley & Mansfield BLIZA RODRIGUES {in person sad via phonc)
23° TINT Broadway, 10th Floor 23° Selman Breltmen
‘Oakdand, California 94612 35 New Montgomery Street, Sixth Floor
24 24 San Francisco, Catifornis 94105
28 29
Page 748 Page 750
1. For the Defendant 3M Company: 3. For the Defendant Kelly-Moare Paint Company, inc.:
2 CARRIE LUBINSKI 2 JUDITH TURY -
Gordon & Rees Stevens, Drummond & Gifford
3-275 Battery Street, 20th Floor 3 3910 Olympic Boutevard, Suite 250
‘San Francisca, California 94114 4 Waloat Crk, California 94596
4
For the Defendant Robertshaw Controls Company: For the Defendants Cleaver-Brooks, Ine; Thermal
5 pany : 5. Insulation; Hamilton; Oscar Erickson; Pierce
GREGORY J, THOMING (viz phone) Enterprises; George H. Wilson, Inc., MLV. Heathoro,
6 Haight, Brown & Bonestec! & Ines
100 Bush Street, 27th Floor 7 ALEXANDRA NASSOPOULOS
‘Walsworth, Franklin, Bevins & MeCall
7» San Francisco, California 94104, Matson in, Bovine
8 For the Defendants Sequoia Ventures; Honeywell: Fe pong hetesatit
9 PABIAN HENRY : in Francisco, California
Hossard Bonnington
10 Two Embereadero Comter, 18th Floor yo Per the Defendant FP. Lathrop:
San Francisca, California 94111
. TANYA X. JOHNSON
nL i
‘ 11” Wilson Blscr Moskowitz Edelman & Dicker LLP
ap. Forte Refendant Louisiane Pacific 325 Market Steet 7th Floor
. oe ivi 12 San Francisco, California 94105-2725,
MATTHEW HOOPER (vie phone) 13 For the Defendants FDCC California, Inc.; Lamons Gasket
33 Bullivant Houser Bailey Co. Monterey Mechanieal; The Scott Company of
1415 L Street, Suite 1900 14 Geliforniee
14 Sacramento, California 95814 35 ROSE MARIE TANTILLO
15. For the Defendants Bayer CropScience, Inc, (Suevessor Vasquez & Estrada LLP
in interest to Stauffer Chemical Company, and Amehem 26 1000’ Fourth Street, Avenue, Suite 700
16 Products, ne.); Tosco Refining Company, Ine,; Conoco San Refacl, California 94901
Phillips Company: Ww
7 . For the Defendant Durabis Manufacturing Co.
JACQUELINE CANLAS-LAFLAM (via phone) 18
28 Filiee Brown Eassa & McLeod ANJALI NAGPAL (via phone)
1999 Harrison Street, Suite 1800 19 Law Offices of Lucinda L, Storm, B59,
19 Qakland, CA 94612 SI0A Third Street
20 For the Defendant Westbume Supply, Inc.: 20 San Francisco, CA 94107
21 WILLIAM HAND. 21. Forthe Defondant Brizard Company:
Manait Phelps & Phillips 22.“ DAVID TOOMEY
22 Gne Embsreadero Center, Suite 3000 Imai, Tadtock, Keeney & Cordery, LLP
= San Francisco, California 94111 23° 300 Bush Strece, Suite 1300
23 ‘San Francisco, California 94104
28
25 5
Cer TS

Aiken & Welch Court Reporters

3 {Pages 747 to 750)

R. Ross, Vol. IV, 8/13/09Page 751

1 For the Defendant Aerojet Corporation:
2 LEANETTE FLENTROY (via phone)
dal Soglio & Martens
3 2250 East Imperial Highway, Suite 200
E! Segundo, California 90245
4
For the Defendant Imo Industries:

PETER TUANN (in person and via phone)
€ Howard, Rome, Martin & Ridley LLP
1778 Woodside Road, Suite 200
7 Redwood City, California 94061-7715

Page 752

1 ROBERT ROSS,
2 previously sworn as a witness,
3 testified as follows:
4 EXAMINATION BY MR. LINTZ:
5 Q. We're on the record.
6 Good morning, Mr. Ross, how are you feeling
7 this morning?
8 A. Fine, thank you.
8 Q. Have you taken any medications this morning?
10 A. Effexor,
iL Q. And you know, I have been hearing that; does
12. that start with P or E?
13 A. EB
14 Q. And how many milligrams of Effexor did you take’
15 today, if you know? °
16 A. 150.
17 Q. And is that a -- is that what you typically
18 take?
19 A, Yes, sir.
20 Q. Allright. Have you taken any other drugs this
21 morning?
22 A. No, sir.
23 Q, Excuse me, medications.

Page 753

MR. SOLOMON: It's a drug, you know. Call ita
drug. That's fine. I don't object to that.
BY MR. LINTZ:

Q. Prior to appearing this morning, have you had
any conversations with anyone other than your attorney
with respect to any. aspect of this case?

A. No.

Q. And since we adjourned yesterday afternoon,
have you reviewed any documents other than what we've
been using throughout the deposition?

A. No, sir.

Q. When last we met, we were discussing your
work ~~

MS. DEMPSTER: Good morning.
MR. LINTZ: Someone needs to mute on the phone.
BY MR. LINTZ:

Q. When we broke yesterday we were discussing your
employment by Plant Insulation at Queen of the Valley
Hospital where you had indicated previously you worked
three to four occasions...

MR. SOLOMON: I have to lock to my client to
find out what page I'm on.
THE WITNESS: That's fine.
BY MR. LINTZ:
Q. Do you recall that testimony?

Page 754

MR. SOLOMON: That he worked on three or four
projects at the site? I seem to recall it,
BY MR. LINTZ:
Q. Do you, sir?
A. Yes,-sir.
Q. So we're on the same page when we start.

The last -- strike that,

Are you able to tell me within some range the
date of the last time that you did any work at Queen of
the Valley Hospital, what year?

A. I can't be 'pecific. It's between 1976 and
1977,

Q. Okay. And -- oh, that's fine.

MR. SOLOMON: Narrow it down some.

BY MR. LINTZ:

Q. You can narrow it down to at least that period?

A. That's the last time I was there.

Q. For that period do you recall the nature of the
project or work that you were doing at that time?

A. Piping and ductwork.

Q. Is there anything in particular that stands out
about that job at Queen of the Valley as opposed to
previous jobs?

24 MR. SOLOMON: You know. 24 A. Best of my recollection it was all the same
25 THE WITNESS: It's all the same to me. 25 type of work.
4 (Pages 751 to 754)
Aiken & Welch Court Reporters R. Ross, Vol. IV, 8/13/09Page 879

1 THE WITNESS: The name sounds familiar. I'm!
2 sure I worked with him, but I'm not -- I shouldn't say
3 that. The name sounds familiar.

4 BY MR. SMITH:

5 Q. So you recognize a different first name other
6 than Robert?

7 A. Tdon't, He does,

8 Q, Allright, Well, he's not testifying today,

9 sorry. .

10 How about Tommy Wiess or Weiss?

il A. Weiss, yes.

12 Q. Do you have any contact information for him?
43 A. No, sir.

14 Q. He's also a former co-worker?

15 A. Yes, sir.

16 Q. Roger Fonken?

17 A. Faulkin.

18 Q. Maybe that's misspelled.

19 MR. SOLOMON: We will be glad to accept a

20 subpoena for Mr. Fonken's deposition.
21 BY MR. SMITH:
22 Q. Larry Cooper, do you have contact information

Page 881 |

MR. SOLOMON: Well, I mean, it's up to you.

THE WITNESS: No. We want to make sure we get!
our time in, don't we?

MR. SOLOMON: Well, if you're tired we can take
ten minutes. ll take care of that. This is an
interrogation, but it's not a police interrogation.

THE WITNESS: No, I'll try to stick. Tl try
to handle it. ‘

Go ahead.

BY MR. SMITH:

Q. Okay. At any time, sir, you need a break, you
just...

A. That's very kind of you. Thank you, Counsel,
attomey, or whatever. I don't know to what to call
you guys, You're all attorneys, that's all I know.

MR. SOLOMON: You can call him Mr. Smith. He
probably wouldn't object tremendously if you called him
Kime --

THE WITNESS: Mr, Smith,

MR. SOLOMON: -- or sir. Either one will work.

THE WITNESS: "Sir" is fine. He's younger than
lam, though. Just kidding.

23° for him? 23 BY MR. SMITH:
24 A. No. 24 Q. Let's take these in time order which might be a
25 Q. Do you know if Mr. Cooper is still living? 25 little easier,
. Page 880 ° Page 882
1 A. [know he was a few years back. 1 The first one was Hewlett Packard in 1959. Do
2 Q. How about Tom McCollum, do you recognize that] 2 you remember, as you sit here today, the work that
3 name? 3 Albay performed at Hewlett Packard?
4 A. Yes. . 4 A. Yes, sir. Ican remember that. . Without éven
5 Q. And do you have contact information for him? 5 looking I can remember that.
6 MR. SOLOMON: Brayton Purcell will accept a 6 Q. Is that the first job where you saw Albay
7 subpoena for Mr. McCollum. He lives in the San Jose 7 performing work?
8 area, so don't set a depo in Sacto if you want him, 8 A. To the best of my recollection, yes. Although
9 MR. SMITH: Did he recently move? 9 I shouldn't be that way. I should look.
10 MR. SOLOMON: No. I don't know his exact 16 Q. Ifyou need to look to help you out, go ahead.
11. address, but I know he's down in Santa Clara Valley. ll MR. SOLOMON: Page 3.
12 BY MR. SMITH: 12 THE WITNESS: That wasn't so hard.
13 Q. Sir, the next client I want to ask you about is 13 MR. SOLOMON: Not too deep.
14 actlient called Albay Construction Company. You 14 BY MR. SMITH:
15 mentioned them in your prior deposition, but we weren't | 15 Q. It's earlier in your career, sir, so were you
16 present to question you about them. 16 a-- gees, an apprentice on this job?
17 And I'll just represent to you the two 17 A. Yes, sir. I was an apprentice.
18 locations where | had you testifying about them was at | 18 Q. Were you doing any hands-on work on that job
19 Standard Oil and Hewlett Packard facility, so those are | 19 other than handing off material to journcymen?

20 the two I'm going to start with and if there's 20 A. Yes, sir.
21 additional ones, we can talk about those after those 21 Q. What trades did Albay employ at Hewlett Packard
22 two, Is that okay with you? 22 in 'S9?
23 A. Okay. 23 A. Laborers. ~~
24 Q. Do you need a break before we continue? 24 Q. Anything other than laborers?
25 A. Ask my leader here. 25 A, Not that I know of.

36 (Pages 879 to 882)

Aiken & Welch Court Reporters R. Ross, Vol. IV, 8/13/09Page 683

Q. And what -- do you remember the specific
building at Hewlett Packard where you saw Albay
laborers performing work?

A. Yes, sir.

Q. Which building, if you can either describe it
or tell me a name or other designation?

A. The only thing I could tell you, it was called
Hewlett Packard.

Q. Was there only one building at that facility at
the time you worked there in ‘59?

A. That's all I can remember at this time.

Q. And the area where you saw Albay employees
working, was that a production area, office area, or
some kind of other type of area?

A. Office areas. ,

Q. And was this new or remodel of that office
area?

A. New.

Q. And what work did you see Albay laborers
perform at Hewlett Packard?

A. Sweeping.

Q. Would they be sweeping throughout the day or
just towards the end of the day after the trades?

A. Whenever they felt like it.

Q. Other than sweeping, did you sce them perform

Page 685

MR. SOLOMON: You're the only other one I know
who types louder than I do.

(Phone interruption.)

MR. SMITH: I heard that on the phone
yesterday, too.

BY MR. SMITH:

Q. Do you remember on this project the brand of
materials you were installing -- your employer was
installing, I'm sorry.

* A. Calsil, Unibestos. Mud. Asbestos mud. Blue
mud. All-purpose mud. 301 mud.

Q. Those are types. Do you remember like the
brand name like Kelloggs?

MR. SOLOMON: Well, Unibestos is not a type.
That's a brand name.

MR. SMITH: That's one of the four.

MR. SOLOMON: Sorry. I shouldn't be so harsh.

THE WITNESS: 352. That's blue mud. Mag mud.
I don't know the number on that.

MR. SOLOMON: I think what he is really looking
for is, you know, Philip Carey, was it Johns-Mansville,
you know, who made it. If you know. Maybe you don't
know.

BY MR, SMITH:
Q. [just want to know what comes to mind -

Page 884

any other type of work?

A, Not that I paid any attention to.

Q. Okay. What materials did you see them sweep?

A. They swept up asbestos materials, they swept up
gaskets, flange gaskets, gaskets. Lunch.

Q. Wrappers and?

A. Yes. The whole. Everything. Yes. Pieces of
electrical wiring.

Q. You said generally asbestos materials. What
materials are you thinking of when you say asbestos
materials? .

A. I'm thinking of mine.

Q. So insulation?

A. Yes, sir.

Q. Did you use wrap, block and half-round?

A. Pipe. Pipe. Half-rounds.

Q. And the bulkier pieces of the half-round, would
you and your fellow tradesmen clean that up?

A. Yes, sir, For the most part.

Q. Did you see, then, Albay laborers using any
other tools besides push brooms?

A. Shovels,

Q. And when they cleaned up the material, did you
see where they took it?

A, No.

Page 886

A. I-M.

Q. And as part of the work the laborers performed,
did they have to clean up any of the mud with their
sweeping?

A. Yes.

Q. For the half-rounds, do you know what brand of
material the half-rounds were?

A. Like ] said, Unibestos and, best of my
recollection, it was J-M.

Q. And just for the record, J-M is short for?

A. Johns-Mansville. __t

Q. Okay, Thank you: You also mentioned that they
swept gaskets. Do you know the brand or manufacturer
of any of the gaskets they swept?

A. Garlock, Flexitollic (phonetic). He swept up
Chesterton -- Chesterton packing.

Q. Okay.

A. Another one I'm trying to think of. Can I get
back to you on it?

Q. Of course.

A. Thank you.

Q. And you also mentioned -- well, I won't ask you
about the lunch they swept up, but the wiring, do you
know the brand of any of the wiring that they swept up?
A, No, sit.

Aiken & Welch Court Reporters

37
Vol.

{Pages 883 to 886)

R. Ross, Iv, 8/13/09Page 887

Q. For any of these products that we discussed, L
are there any additional products you saw them sweep | 2
up? Just at the Hewlett Packard site. 3

A. Wood. Pieces of wood. That's all I can think 4
of that's of any real importance. To me anyway. 5

Q. Sir, would it be true they were sweeping 6
materials on the ground? 7

A, On the cement floor, yes. 8

Q. And for any Albay employees, at any time you 9

Page 889

Q. That will help you refresh your memory as to
the details?
A. Ifyou like.
MR. SOLOMON: He just wants to know if you need
to -- .
BY MR. SMITH:
Q. Will it help you, sir?
I don't know any of the details, so that's why
I'm here,

saw them at any location, did you identify ther by any | 10 MR. SOLOMON: In other words, when he asks you
particular color, marking or logo that was.on their 11 questions, if you don't need it, you don’t need it, but
clothing? 12 he's asking you if that will refresh your recollection
MR. SOLOMON: Clothing specifically only? 13 in responding to the questions he's going to ask you
MR. SMITH: Yes. 14 about the Standard Oil site,
THE WITNESS: Not clothing. Just hardhats and | 25 THE WITNESS: I'm looking forward to lunch.
they had a shack. That doesn’t say anything about the | 16 MR. SOLOMON: You know, I am, too.
employees, but that's what I can remember about Albay.| 17 Are you suggesting to me that this will be a
BY MR. SMITH: 18 good time to break for hinch?
Q. So you would see the name Albay on their 13° THE WITNESS: Yes, sir.
hardhats and on -- 20 MR. SOLOMON: Would that be troubling to you
A. Yes, sir. 21. that you have a question pending?
Q. -- the side of the shack? 22 MR. SMITH: I think that question can be held
A. Yes, sir. 23° until after lunch.
Q. And do you associate a color with the name 24 MR. SOLOMON: May we go off the record?
Albay? 25 Okay. Let's go off the record. It's -- 1 got
Page 888 . Page 890
1 A. No, sir. 1 about 12:24. Come back at 1:25 for lunch? From hunch?
2 Q. Can you estimate for me how long you were at 2 (Lunch break taken.)
3 Hewlett Packard while Albay was also present and their | 3 MR. SOLOMON: Ladies and gentlemen, we're about!
4 employees were performing their cleanup work? 4 to go back on the record. And I see that it's now
5 A, [have to refer to my -- well, one to two 5 4:27.
6 weeks. 6 MR. SMITH: Early, would you mind reading back
Q, Okay. So that would be -- 7 my last question if you have that there.
8 A. When they're performing you say? 8 (Record read.)
9 Q. Yeah. Just when they're actually performing 9 BY MR. SMITH:

10 the sweeping, which is I think what -- 10
il A, I don't wish to speculate on that. 12
12 Q. But your total time on the job was at most ten 12
13 days, possibly five? 13
14 A, Yes, sir. 14
15 Q. Have we now discussed all the work that you saw} 15
16 Albay perform in '59 at Hewlett Packard, to the best of | 16
17° your memory, as you sit here today? 17
} 18 A. Yes, sir. 18
19 Q. Let's move to the next location which was also | 19
20 mentioned in your depo. I think it was last year, 20
21 before we answered. Standard Oil in the timeframe 21
22 of '61 to’65. Do you remember Albay being present at | 22
23 Standard Oil between ‘61 and ‘65? 23
A. Yes, sir. I'm going to have to look through 24

here.

Q. Sir; we're back from a break, and we are now
discussing Albay’s work that you recall at Standard Oil
in the '61 to '65 timeframe. Do you have that in mind?

A. Thave the job site in mind.

MR. SOLOMON: Page 19, if you're looking for
the site.

THE WITNESS: Western Asbestos?

MR. SOLOMON: Yes.

THE WITNESS: 1 got that part right,

Okay,
BY MR. SMITH:

Q. So your employer was Western Asbestos?

A. At Shell Oil?

Q. Ihave Standard Oil, Do you remember Albay at
Shell?

A. No. Not at this time I don't, Standard.

Aiken & Welch Court Reporters

38 (Pages 887 to 890)

R. Ross, Vol. IV, 8/13/09. Page 891 Page 893
1 Q. That's in the ‘61 to '65 timeframe. I don't 1 Q. And what trades did Albay employ at Standard
2 know if that helps you locate that in your records, 2 Oil during this job?
3 A. Yes, sir, it does. 3 A. They were a general contractor.
4 Q. Just let me know when you've found that in the 4 Q. What trades did they directly employ?
5 records you have in front of you. 5 A, Lwould be speculating.
6 A. Okay. I'm ready when you are. 6 Ob. The laborers. —_—+
7 Q. Are you on page 19? 7 Q. And would you be able to describe for me what
8 A. Yes, sir. 8 materials you saw the -- well, did you see the laborers
3 Q. And your employer there was Western Asbestos? | 9 perform any of their work?
10 A. That's correct, 10 A. fust to sweep the area, just cleaning up the
a. Q. And can you narrow it down for me any more than| 11 area.
12. the time period of 61 fo '65 when you saw Albay at 12 Q. And how do you know they were employed by Albay!
13 that tocation? 13 rather than one of the subcontractors out at that job
14 A. Well, I remember two jobs. Two different time 14° site?
15 periods. I -- that's about the best J can do for you. 15 A. Had a big sign that said "Albay" on their
16 Q. Okay, So this was on two different jobs where 16 head -- hardhat.
17 you were -- 17 Q. And could you estimate for me the size of | the’
18 A. No. Excuse me. I misspoke there, 18 sweeping crew you saw Albay employ at Standard Oit
19 Q. Okay. 19 during this early ‘60s timeframe?
20 A. Same job, just different periods in that 20 A. No, sir. —
21 timeframe, ai Q. What materials or products did you see them
22 Q. Okay. 22 sweep?
23 MR. SOLOMON: Two stints on the same project? |23 A. Asbestos. Asbestos products, Asbestos muds.
24 THE WITNESS; Yes. 24 Gasket material. Just the normal rest of the stuff
25 BY MR. SMITH: 25 that was on the ground. ——t
Page 892 Page 894
1 Q. Allright. Can you estimate for me the total 1 Q. So lunch wrappers, wood?
2 number of days the combination of those two stints 2 A. Yes. Lunch wrappers. Dead mice, Whatever was|
3 were? 3 there, they picked it up.
4 A. 14,15 days. 4 MR. SOLOMON: Thanks for adding that for us,
Q. Would it be the case that you would go in, do 5 Bob,
6 some of the insulation work, leave, go do a different 6 THE WITNESS: Pardon?
7 job and then come back to this job; is that what we're 7 MR. SOLOMON: [liked the dead mice.
8 talking about here? 8 THE WITNESS: Okay:
9 A. No. It was the same job. 9 BY MR. SMITH:
10 Q. Okay. So it was continuous? 10 Q, Better than live mice; right?
ii A. Yes. I would leave. [left for a while and il For the asbestos muds, was that a material that
12 then I came back, J don’t remember when, so. 12 was in chunks on the ground and they were sweeping up
13 Q. But it was in one of those years? 13 the chunks of it?
14 A. Yes, sir, 14 A. The muds would be -- wouldn't be big chunks.
15 Q. '61 to '65. 15 It would be ~ I'm trying to think of the
16. Sir, I understand it's a couple of years ago 16 consistency -- consistency. A little heavier than
17 and I have no reason to believe that you would know the] 17 pudding. We would flat trowel it on the fittings, or
18 specific dates, so please don't be offended if I ask 18 we'd palm it on the fittings. And also there was
19 you questions that seem silly. 19 Chevron Insulkote there, too. That's the black.
| 20 A. Thank you for that. I appreciate that. 20 Q. And were those materials dry when they swept
21 Q. Do you remember if it was new or existing 21° them up?
22 construction that was being worked on? 22 A. Yes, sir.
23 A. No. {23 Q. Okay. Other than -- were they using brooms, is
24 Q. Was this a new part of the Standard facility? 24 that what they used?
25 A. It was -- it was new, piping, yes. 25 A. Yes.
39 (Pages 891 to 894)
Aiken & Welch Court Reporters R. Ross, Vol. IV,. 8/13/09. Page 895 Page $37

1 Q. Other than brooms, did you see them use any 1 and the Hewlett Packard site in 1959, are there any

2 other tools to perform cleanup work at the Standard 2 other additional job sites or jobs where you recall

3 facility? 3. Albay employed workers being present while you were

4 A. Shovels. 4 also present?

5 Q. And how close were you to the Albay laborers 5 A. Not that I can remember at this time.

6 when they performed their sweeping at Standard Oil 6 Q. Okay. And do you believe that you were exposed,

7 during this timeframe? 7 to asbestos by employees of Albay?

8 MR. SOLOMON: Objection. Overbroad. 8 A. Yes, sir,

3 THE WITNESS: Anywhere from 5 feet to 20 feet.| 9 Q. And what was the basis of that belief?

10 BY MR. SMITH: 10 A. Sweeping.

aL Q. Now that we've discussed this job for a few a1 Q. So the sweeping of existing materials caused

12 minutes, can you remember the specific area at the _ 12 you to be exposed?

13 Standard facility where this work was being performed? | 13 A. Yes, sit.

14 A. No, sir. 14 Q. During the times when you saw Albay sweeping,

15 Q. Do you remember the names of any of your 15 were you wearing your mask?

16 co-workers on that job? 16 A. Yes, sir.

17 A. Thave a list here if you like it. 17 Q. fll just ask one more time. Now that we've

18 Q. Well, if you're just going read it from that 18 discussed Albay, are there any other additional sites

19 you can just give me the page number and then I can 19 that you know Albay was present?

20 refer to it. 20 A. Not that I can remember specifically at this

21 A. Okay. No. 20, for your information, they're 21 time.

22 allpassed on. Ob. No. Ron Powers is here. 22 Q. Do you have a general recollection of Albay

23 Q. Ron Powers. 23 being present at any other sites?

24 A. Very much so. 24 A. [have a general recollection. I work for -- I

125 MR. SOLOMON: I would be more than happy to | 25 worked around Albay quite a few times, but I can’t be

Page 896 Page 898

1 accept a subpoena for Mr. Powers. But, for the record, 1 specific.

2 he lives on Teak Court in Pleasant Hill, I believe. 2 MR. SMITH: That's all the questions I have for

3 MR. SMITH: We will serve that subpoena through; 3 you right now. Thank you, sir.

4 your office if necessary. . 4 THE WITNESS: Thank you, sir.

S MR. SOLOMON: What a delightful idea. 5 MR. SOLOMON: Thank you, Mr. Smith.

6 MR. SMITH: A pleasure. 6 MR. SMITH: Sure.

7 BY MR. SMITH: 7 THE WITNESS: Oh, yeah.

8 Q. What position did Ron Powers have on the crew? | 8 EXAMINATION BY LAWTON:

9 Was he a foreman, supervisor, laborer? 9 Q. Hello, sir. Your counsel indicated to me over
10 A. I'm not sure if he was an apprentice or 10 the break that you remembered something about Natkin;
11 mechanic at that time. 11 is that right?

12 Q. Was he a little bit younger than you? 12 A. Yes, sir.
13 A. Yes, 13 Q. And what would that be?
14 Q. Do you know the names of any of the 14 A. They're a mechanical contractor, and I
15 subcontractors that were employed by Albay at Standard | 15 worked -- do you want me to say some more?
16 Oil? 16 Q.. Yes, please.
17 A. Directly employed? 1 would be guesstimating. 17 A. I don't want to say too much,
18 [have an idea, but 1 would -- I can't give you — no. 18 MR. SOLOMON: He'll tell you if--
19° Lean't give you an answer. 19 BY MR. LAWTON:
20 Q. You never saw any contracts between ~ 20 Q. You're doing fine.
21 A. Oh- 21 A. Allright. That's it.
22 Q. -- Albay and any of the subcontractors, did 22 Q. They are a mechanical contractor?
3 3 you? 23 A. Yeah.
A. No, sir. 24 Q. Allright. Did you ever work near a Natkin &
2 5 Q. Other than Standard Oil which we've discussed __| 25 Company employee? I
40 (Pages 895 to 898)
Aiken & Welch Court Reporters R. Ross, Vol. IV, 8/13/09SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR TRE COUNTY OF SAN FRANCISCO
~~000--

ROBERT ROSS and JEAN ROSS,

Plaintiffs,
vs. NO. 275731

C.C. MOORE & CO. ENGINEERS,
et al.,

Defendants.

DISCOVERY DEPOSITION OF ROBERT ROSS
(Volume VI)

(Pages 1077 through 1320, inclusive)

Taken before RICHARD LENZI
CSR NO, 2564

August 9, 2011

STE TTPage 1078

Page 1080

1 INDEX 2 For the Defendam Kentle Figors, Inc:
2 PAGE 2 forge auy Sune fo
3. EXAMINATION BY MS. YIM 1085, 1101 Welnut Creek, California 94596
4 EXAMINATION BY MS. LaFEVERS 1100, 1311 | * sortne Defendant Cosco Fire Protection, las:
5
5 EXAMINATION BY MR. RUNDIN 1102 THOMAS PURTELL
6 EXAMINATION BY MS. HOFF 1139 6 We phone .
7 EXAMINATION BY MS. SCOTT 1181 1 $5 Franco Suge Sue 600
8 EXAMINATION BY MR. SMITH = 1214 : Sno Francisco, Califoreia 94113
9 EXAMINATION BY MR. CURTISS 1301 a Rete Defendants TW MeClenshan Company, Ine and
Fop Electric Company, Inc:
10 EXAMINATION BY MS. WEINTRAUB 1313 ie CELESTEM SCOTT
11° EXAMINATION BY MS. BUCKMAN 1313, 1318}1.agpion Oe Met peres
12 EXAMINATION BY MS. ALBERTO 1315 az avalon Stes Ste 3910
13 23. Forthe Defendant The Goodyear Tie Rubber
14 woe
KATERYN J. LoFEVERS
15 16 (Via phone)
16 Gordon & Rees
16 Embarcadero Coater West -
17 o us Batery Sues, Twente Floor
‘ 294i
18 18 Forthe Defendant Marsheo Auto Par, Ine
19 a9 SHAR L WEINTRAUB
‘{(¥ia phouc)
20 20 Gordon & Rees
21 a Mapeneamnt
an Diego, California
22
22 ag Eutity Defendants Webeor Builders, Inc and Henry
23 2h RNA YIM
24 co Taisen agente
erect, Suite
25 Son Francisco, California 94104
Page 1079 "Page 1081
1 DISCOVERY DEPOSITION OF ROBERT ROSS 1. For tie Defendants Clauscn-Patte, Inc and Commair
3 _,_ Méshanivol Services:
3 BE IT REMEMBERED, that pursuant to Notice CRISTINA M. CINCO
4 and on the 9th day of August, 2011, commencing at 3 (va hone) « ke Coney LLP
5 the hour of 9:00 am, at the Phoenix Inn & Suites, linai, Ts , Keeney Ys.
6 300 Northwest Franklin Avenue, Bend, Oregon 97701, ‘ eee eae atin 34108
7 personally appeared ROBERT ROSS, produced as a 5 *
8 witness in said action; and being by me first duly 4. Forte Defendant Calfomia Dall Compny
3 svar, was thereupon, examined as a witness in : yan tekc HUN
. imham Brown
li --000-~ 190] Harrison Street, 1}th Floor
12 8 Oakland, California 94612-3503
For the Plaintiffs: ae eae eR
13 Brown Eassa & McLeod LLP
ERIC C. SOLOMON a ake Met Paca
14 Brayton Purcell so Street, 18th Floor
Oakland, California 94612-0850
222 Rush Landing Road 13 For the Defendant Crtchfield Mechanic, nc and
1s Novato, California 94948-6169 Haroid Beasiey Phumbing and Heating, Inc:
16 For the Defendant D, Zelinsky & Sons, Inc: wa ‘DREXWELL M. JONES
7 Gions EE ae
Suite
18 ‘Walsworth, Franklin, Bevins & McCall 16 Gakiand, California 94607
661 Montgomery Street, Ninth Floor 17, For the Defendant Balliet Brothers Construction
19 San Francisco, Catifornia 94111-2612 ag “poration:
20 For the Defendant Fairmont Hotel Company: AERICA E, DAVIDSON
a IM TWO i
laspy & Glaspy x a
22 One Walnut Creek Center * ea renee Catitesn 13
100 Pringle Avenue, Suite 750 2
23 Walnut Creek, California 94596 2
24
a4
25 28

Aiken Welch Reporters

Robert Ross

2 (Pages 1078 to 1081)

08/09/2011Page 1082 Page 1084
1 Por the Defendants A. Teichert & Son, ine; Domeo 1 For the Defendant Foley Blectric Company: ]
Products Texas LP, Swinerton Builders, Inc and 2 CAROL HEALEY *
2 Amchem Corporation: (Via phone)
3 PAUL M-BESSETTE 3 Bishop Bary Drath
jon Hugo & Parker 2000 Powell Street, Suite 1425
4 135 Main Street, 20th Floor a Emeryville, California 94108
5 ‘San Francisco, California 94105, 5. For the Defendant H&C Investment Associates, Inc:
é IAMES H.W
« Tacuasiara crt i Co yes
et Metal ‘an Mulder Shect Metal; 7 Poole & Shaffery LLP
7 4. SCOTT WOOD 445 S, Figueroe Street, Suite 2520
(Via phone) 8 Los Angeles, California 90071
8 Foley & Mansfield PLLP 9. For the Defendants Aibay Construction Company;
800 Fifth Avenue, Suite 3850 Cahill Construction Services, tne and Graybar
3 Seattle, Washington 98104 10 Electric Company, Ine:
10. For the Defendants BW Nicholson Corporation; ACCO it KIM SMITH
Engincered Systems, Inc and Lone Star Industries. (vis phone)
a1 .
iz Archer Norris
JANELL M. ALBERTO. a a
12 Foley & Mansfield PLLP a 2030 N Main Street Suite 600
300 Lakeside Drive, Suite 1900 ainut Creek, California 94596
B Galland, Californie 94612 14. For the Defeadant Pribuss Engineering, Inc:
14 For the Defendant Rountrec Plumbing & Heating, a8 ARP SN
nc:
a5 16 (Via phone)
RHONDA L. WOO Adams Nye Becht
16 (Via phone} v 222 Keamy Street, Seventh Floor
Sclmen Breitman LLP San Francisco, California 94108
iv 33 New Montgomery Strect 28 sage .
‘Sixth Floor For the Defendant Allied Fire Protection:
1B San Francisco, California 94105 19
19 For the Defendant General Mills, Inc: WILLIAM H. McINERNEY, JR.
20 DAVID G. VALDEZ .20~ (Via phone)
(Via phone) Meinemey & Ditlon
au Perkins Coie LLP an 1999 Harrison Street, Suite 1700
Four Embarcadera Center, Suite 2400 Oakland, Califoraia 94612
ae San Francisco, California 94111 22
23 23
2a 24
25 23
Page 1083 Page 1085
4 ao ‘CSK Auto, Ine and Johnson 1- ROBERT ROSS,
2 2 Previously swom as a witness
WILLIAM H. CURTISS .
3 (Via phone) 3 testified as follows:
¢ tissPowellSeea 4 EXAMINATION BY MS. YIM:
5 Emeryville, California 94608-2604 5 Q. Good morning, Mr, Ross. How are you doing
4 Jatihe Defen iampotn Company and Poe 6 this moming?
vation: +
3 NATALIE K, YOUNG 7 A. Good morning, ma'am.
Low, Bail & Lynch 7 ith i
4 Eds Montgomery Srey, Mh Boor 8 Q. Since your deposition last night have you
3 San Praneisco, Catifonia 94111-2584 9 talked to anybody else other than your attorneys?
For the Defendant Stskey Brothers, Ine: 190 A. No.
* ALAN 1 ZACHARIN 11 Q. Have you reviewed any documents?
un Bennet Soruckon, Reynolds & 12 A. Have I reviewed?
az 1301 Maina Vlog Patway 13 Q. Yes.
te 30
13 ‘Alamedd, California 94501 14 A. Yes, [have looked over my document,
14 For the Defendanis Advance Mechanical Contrachors, T
fr Pont Weber beens Company: fs 20d te \ 2 Could you just state what documents you
415 Bragg Investment Compeny, ine: look over?
16 RACHAEL A. BUCKMAN ape
Cooley Manion Jones Hake Kurowski 17 A. My Exhibit A.
” Ba Peeaisns Calioenn 98105 18 Q. Sir, do you feel ready to continue with
“ For the Defendants Collins Electrical Company, 19 your deposition today?
49° Ine,, Temporary Pinot Cleaners, Inc and Bell 20 A. Yes, ma'am.
is, et :
20 vine Q. We left off yesterday talking about Webcor
KATHRYN LUCILLE HOFF 7 11 ii
a Gosley Manion Jones Hake Kurowshi Builders. We were going through some sites. J am
2 205 Spear Steet, Lith Foot going to go ahead and consolidate some questions
3 " - at first and ask you generally about Webcor at
24 vs Tae :
28 25 _your job sites before going individually into the
3 (Pages 1082 to 1085)

Aiken Welch Reporters

Robert Ross

08/09/2011Page 1218

Page 1220

knowledge that have more information than yourself | 1 site in 1959. And I got pretty good details from
regarding work you performed with or around others | 2 you on those two sites, Is there any information
who worked with Graybar products or materials? 3 you would like to change or add to that testimony?
A. Not that I can remember at this time. 4 A. No. What was that --
Q. Have we now discussed all of your 5 MR. SOLOMON; Standard Oil.
knowledge of Graybar? 6 THE WITNESS: And Hewlett-Packard. No,
A. Yes. 7 that's fine. Standard Oil. Okay. ] remember
MR. SOLOMON: Kime, send me an e-mail or al 8 those two.
letter. 9 BY MR. SMITH:*
MR. SMITH: Okay. That's all] have for 10 Q. The next thing I wanted to ask you about
that client, That was a little faster than I was 11 was on the two pages of notes. It starts with
‘planning on, Eric. Do you want to take a lunch 12 "transite". There is a reference to Albay. And 1
now or do you want to continue? 13 just wanted to ask you what that meant, the second
MR, SOLOMON: I will leave it up to Bob. 14 line down. It says “Albay old and new". Could
What do you want to do? 15 you tell me what that notation means?
THE WITNESS: How long is the next one 16 MR, SOLOMON: Hang on just a second, boss,
going to be? 17 THE WITNESS: I have got it right here.
MR. SOLOMON: It's probably going to be 18 MR. SOLOMON: He is looking at that now.
more than fourteen minutes. 19 BY MR. SMITH:
MR. SMITH: The next one will probably be 20 Q. About the second line down, "Albay old and
a full half hour at least. 21 new".
MR. SOLOMON: Do you object to starting it | 22 A. What are you concerned about here?
now and then when we reach a convenient breaking | 23 Q. Ihave a lot of concerns. But right now I
point somewhere around 1:00 breaking then? 24 just want to know if you recall what that notation
MR. SMITH: I am not sure we get through =| 25s meant’?
Page 1219 . Page 1221
one job site. It's up to the plaintiff. a A. Do you mind asking -- I forgot about you.
MR. SOLOMON: Eat now or do one site now?) 2 MR. SOLOMON: What does the notation
THE WITNESS: He wants to go eat, I can 3 "Albay old and new" mean? That is his question.
tell. You had that look on your face. 4 MR. SMITH: Right.
MR. SOLOMON: I will make an executive 5 THE WITNESS: Well, just what it says.
decision. We will go ahead and eat. 6 Something is old and something is new. I don't
(Lunch recess from 12:47 to 1:56) 7 know, to be honest with you. I can’t figure it
MR. SOLOMON: Back on the record. 8 out.
BY MR. SMITH: 9 BY MR. SMITH:
Q. Good afternoon, Mr. Ross. It's Kime Smith | 10 Q. So you don't really have a memory of what
on the phone. I have more questions to ask you. 11 that notation is, is that fair?
Before I get started, do you feel okay to 12 A. No, it will probably come to me though
continue? 13 right in the middle of something.
A. Yes. 14 Q. If it does I will surrender a minute or
Q. And over the lunch break did you take the 15 two to talk to you about that. For now let's go
opportunity to review any documents or make any {16 on,
phone calls to assist you with your testimony this 17 A. Thank you.
afternoon? 18 Q. When I talked to you back in 2009 the only
A. No. 19° two sites that you can recall were the HP and
Q. The next client I want to talk to you 20 Standard Oil sites. Are there any other
about is Albay Construction. And I know you are 21 additional sites you can recall from your memory
familiar with that name because almost two years 22 as you sit there today where you saw Albay
to the day I was talking to you about Albay. We 23 Construc