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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‘C.C. MOORE & CO, ENGINEERS;

ALAN R. BRAYTON, #80, $B. #73685
DAVID R. DONADIO, ESO., §.B.

OREN P. NOAH, ESQ., S.B. #136310 ELECTRONICALLY
ASHLEY J. BENSON, ESQ., $.B. #276326 FILED

BRAYTON*PURCELL LLP Superior Court of California,
Attorneys # Laws Road County of San Francisco
222 Rush Landing Roa

PO. Box 6169 APR 25 2013

Clerk of the Court
BY: ALISON AGBAY
Deputy Clerk

Novato, California 94948-6169
415) 898-1555
‘entative 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 ASHLEY J. BENSON
vs. . IN SUPPORT OF PLAINTIFFS’

OPPOSITION TO DEFENDANT
ROUNDTREE PLUMBING & HEATING,
Defendants as Reflected on Exhibit 1 INC.’S MOTION FOR SUMMARY
attached to the Summary Complaint herein; JUDGMENT

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. Iam 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 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 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,

Kiglurod\19349opldidee- AJB-RNTPLU-tsi sap 1 fl
DECLARATION OF ASHLEY 1. BENSON IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROUNDTREE PLUMBING &
HEATING, INC.’S. MOTION FOR SUMMARY JUDGMENTDecember 16, 2008, December 17, 2008, December 18, 2008, January 20, 2009, January 21,
2009, 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

KeMinjured19349\pd\dec- ATB-RNTPLU- sis. wed 2 ASB
DECLARATION OF ASHLEY J. BENSON IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROUNDTREE PLUMBING &
HEATING, INC.’S MOTION FOR SUMMARY JUDGMiEXHIBIT 1IN 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.

DEPOSITION OF ROBERT ROSS

VOLUME I

(Pages 1 - 231)

Taken before EARLY K. LANGLEY, RMR
CSR No. 3537

February 20, 2008Page 2 Page 4
: INDEX PAGE . 1 DEPOSITION OF ROBERT ROSS
3. EXAMINATION BY MS. NAGPAL, 14,47, 93 2
4 3 oH 3a BE IT REMEMBERED, that pursuant to Notice, and on
417, £21, 129 4 the 20th day of February 2008, commencing at the hour
Ss we Be 148 5 of 9:35 a.m,, in the offices of Aiken & Welch, One
6 ” 6 Kaiser Plaza, Suite 505, Oakland, California, before
7 EXAMINATION BY MR. JONES 46,108 7 me, EARLY LANGLEY, a Certified Shorthand Reporter,
EXAMINATION BY MR. KASTER 62, 82, 88 8 personally appeared ROBERT ROSS, produced as a witness}
8 132 il jt i 1
9 EXAMINATION BY MS. FOSTER LOVAS 64, 82, 83 9 in said action, and being by me first duly gwom, was
91, 97, 105 10 thereupon examined as a witness in said cause.
10 410, 128, 131 Ld
162
uw 12 -000-—~
1 EXAMINATION BY MS, RASMUSSEN 64, 120, 129 13
13 EXAMINATION BY MS. TORESON 84 14
EXAMINATION BY MS. GAMBINO 89 ir
14 EXAMINATION BY MS. GAMBINO 3 18 ERIC SOLOMON, Brayton Pureell, 222 Rush Landing
16 EXAMINATION BY MS, NASSOPOULOS 104 16 Road, Novato, California 94948, appeared on behalf of
17 EXAMINATION BY MS, CHAVEZ 106. 223 17 the Plaintiff.
18 EXAMINATION BY MS. OKUMOTO 116, 132, 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; 11141 Bayhill Drive,
2 MAMINATION BY MS, HART es 21. Suite 300, San Bruno, California 94066, appeared on
22 22 behalf of the Defendant Contra Costa Electric.
EXAMINATION BY MR. THE 23 23
23
EXAMINATION BY MS. HOLWERDA 226 24
24
Ds 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,
3A yes enitled Local 16 retirees 27 3 California 94108, appeared on behalf of the Defendants
4 * 4 Valley Sheet Metal; Rosendin Electric.
B Collection of Mr. Ross's documents 69 5 :
5 in binder; handwritten notes; 6 SUSAN FRENCH, Archer Norris, 2033 North Main
é typewritten notes 7 Street, Suite 800, Walnut Creek, California 94596
C Copies of handwritten 69 8 appeared on behalf’ of the Defendants Cahill; Anderson,
7 of Mr. Ross on yellow pieces 9 Rowe & Buckley; Frank Bonetti Plumbing, Inc.
of paper, 12 pages 10
8 aL SANDRA FOSTER LOVAS, Bassi, Martini, Edlin &
% 12 Blum, 351 California Street, Suite 200, San Francisco,
hh . 13 California 94104, appeared on behalf of the Defendant
12 14 Kaiser Gypsum Company, Inc.
13 15
14 16 VINEET K. SOOD, AT&T Services, Inc., $25 Market
8 17 Street, Room 2009, San Francisco, California 94105,
1? ' 18 appeared on behaif of the Defendant Pacific Bell
ig 19 Telephone Company.
19 20
20 . _ fan ROBIN HART (by telephone), Becherer, Kannett &
21 22 Schweitzer, 2200 Powell Street, Suite 805, Emeryville,
a : 23 California 94608, appeared on behalf of the Defendants
24 24 Bridgestone Firestone; Dillingham; Johnson Controls.
25 *

2 (Pages 2 to 5)
Aiken & Welch Court Reporters R. Ross, Vol. I 2/20/08Page 6 Page 8h

1 ESTIE A. MANCHIK, Barg Coffin Lewis & Trapp, L ZACH LEWIS (by telephone), Dal Soglio & '

2 350 California Street, 22nd Floor, San Francisco, 2 Martens, 2250 East Imperial Highway, Suite 200, El

3 California 94104, appeared on behalf of the Defendant 3 Segundo, California 90245, appeared on behalf of the

4 The Board of Trustees of the Leland Stanford Junior 4 Defendant Aerojet General Corporation.

5 University. 5

6 6 MARY PAK, Foley & Mansfield, 1111 Broadway,

7 JOHN KIRBY (by telephone), Burnham & Brown, 7 10th Floor, Oakland, California 94612, appeared on

8 1901 Harrison Street, 11th Floor, Oakland, California 8 behalf of the Defendant D.W, Nicholson Corporation.

9 94604, appeared on behalf of the Defendants Golden Gate 9 “a
10 Drywall, Inc.; $.W. Spencer & Son, Inc. 10 FAITH WOLINSKY (by telephone), Glaspy & Glaspy;
ii 11 100 Pringle Avenue, Suite 750, Walnut Creek, California
12 DREXWELL M. JONES, Buty & Curliano, 555 12th 12 94596, appeared on behalf of the Defendant Fairmont
13 Street, Suite 1280, Oakland, California 94607, appeared 13 Hotel. *
14 on behalf of the Defendants Western Building Materials” 14
15 Supply; Beasley Plumbing. 15 JOE SPATARO, Gordon & Rees, 275 Battery Street,
16 16 20th Floor, San Francisco, California 94111, appeared
17 JENNIFER RASMUSSEN, Pond North, 505 Montgomery] 17 on behalf of the Defendants Hussman Corporation;

18 Street, 13th Floor, San Francisco, California 94111, 18 Rosendahi Corporation. H
19 appeared on behalf of the Defendant Temporary Plant 19 ot
20 Cleaners. ’ 20 MARIA ZEYREK (by telephone), Haight, Brown &

21 21 Bonesteel, 100 Bush Street, 27th Floor San Francisco,

22 JULIE FARRAH, Bricksen, Arbuthnot, Kilduff, 22 California 94104, appeared on behalf of the Defendant

23 Day, 111 Sutter Street, Suite $75, San Francisco, 23 Robert Shaw Controls Company.

24 California 94104, appeared on behalf of the Defendant 24

25 Ampex Corporation. 25
Page 7 Page 9]]
1 ROLAND THE, Brydon, Hugo & Parker, 135 Main 1 GREGORY KIM (by telephone), Hassard Bonnington,
2 Street, Suite 200, San Francisco, California 94105, 2 Two Embarcadero Center, 18th Floor, San Francisco,
3 appeared on behalf of the Defendants Foster Wheeler; 3 California 9411), appeared on behalf of the Defendant
4 Perini Corp.; Fireman's Fund. 4 Sequoia Ventures,
5 S
6 BEN HOLL (by telephone), Drinker, Biddle & 6 JUSTIN MCKENNA (by telephone), Bullivant Houser
7 Reath LLP, 50 Fremont Street, 20th Floor, San. 7 Bailey, 1415 L Street, Suite 1000, Sacramento,
8 Francisco, California 94105, appeared on behalf of the & California 95814, appeared on behalf of the Defendant
9 Defendant Monsanto. 9 Louisiana Pacific.

1g 16
12 LEE KASTER, GARRETT DEAL, Filice, Brown, Eassaj 11 NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
12 & McLeod, 1999 Harrison Street, 18th Floor, Oakland, 12 101 California Street, 41st Floor, San Francisco,

California 94612, appeared on behalf of the Defendant California 94111, appeared on behalf of the Defendants

14 Hewlett Packard. 14 D, Zelinsky & Sons, Inc.; ITT Industries, Inc.; .

1s 1S Metalclad Insulation Corporation; Rudolph & Sletten,

16 HOLLY ACEVEDO (by telephone), Filice, Brown, 16

17 Eassa & McLeod, 1999 Harrison Street, 18th Floor, iv MARY ELLEN GAMBINO, Schiff Hardin, One Market
18 Oakland, California 94612, appeared on behalf of the 18 Spear Street Tower, San Francisco, California 94105,

appeared on behalf of the Defendant F.P. Lathrop
Construction Company.

Defendant Tasco Refining Company.

21 SABRINA AXT, Foley & Mansfield, 1111 Broadway, | 21
22 10th Floor, Oakland, California 94612, appeared on 22
23. behalf of the Defendants A&A Mechanical Contractors, 23

Inc.; Fluor Corporation; Raymond Interior
Systems-North.

3 (Pages 6 to 9)

Aiken & Welch Court Reporters R. Ross, Vol. I 2/20/08Page 10 Page 12
1 ANTHONY CHIOSSO, ALBERT THUESEN (by telephone)] 1 LINDA S. VOTAW, Manatt Phelps & Phillips, One
2 Jackson & Wallace, 55 Francisco 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.
S$ 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 Illinois 60611, appeared on behalf of the Defendant
9 Plant Insulation Company. 9% Earthgrains Baking Company, Inc.
10 10
a STEVEN LATHRAM, Lynch, Gilardi & Grummer, 475 il ALEXANDRA NASSOPOULOS, Walsworth, Franklin,
12 Sansome Street, Suite 1800, San Francisco, California 12 Bevins & McCall, 601 Montgomery Street, 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,
18 15 Inc; The Henry Company.
16 KATHY HUYNH (by telephone), Low, Ball & Lynch, 16 x
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 & McCall, 601 Montgomery Street, 9th Floor, San
19 O.C. McDonald & Co., Cooper Brothers. 19 Francisco, Califomia 94111, appeared on behalf of the
20 20 Defendants Dee Engineering; Pierce Enterprises.
ai JEFF MINNERY (by telephone), Gibson, Dunn & 2l '
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
Page 11 Page 13
1 JANE BLUMBERG, Prindle, Decker & Amaro, 369 L SHARON HOLWERDA, Vasquez & Estrada LLP, 1000]
2 Pine Street, Suite 800, San Francisco, California 2 Fourth Street, Avenue, 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;
5 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 9 California 94108, appeared on behalf of the Defendant
10 Corporation; Georgia-Pacific. 10 Todd Shipyards Corp.
a. ll
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. 14
15 behalf of the Defendant PG&E. i5
16 16
17 ALLISON B. SUROWITZ, Selman Breitman, 33 New | 17
18 Montgomery Street, Sixth Floor, San Francisco, 18
19 California 94105, appeared on behalf of the Defendants 19
20 Atlas Heating; Douglass Insulation. 20
21 24
22 MICHELLE HIRTH (by telephone), Sheppard Mullin, | 22
23 Four Embarcadero Center, San Francisco, California 23 ~
24 94111 » appeared on behalf of the Defendant MRC. 24

4 (Pages 10 to 13)

Aiken & Welch Court Reporters R. Ross, Vol. I 2/20/08Page 14

Page 16

something like that, myself or anybody else can be

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

2 sworn as a witness, 2 A. Yes.

3 testified as follows: 3 Q. Ifyou 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

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

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

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

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

9 asking you the majority of the questions this morning, 9 little after 9:30. Now so we'll probably take our

10 although there are several other attorneys m 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. i3 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 “wh-huh" and
16 Q. Do you understand that you have taken an oath 16 “hub-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, ma'am. 18 we are reading the transcript; do you understand that?
19 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 i
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 to my right, do you 25 best estimate.

Page 15 Page 174

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 I 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. | 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] 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.
ig 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 toa 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 24

this process works and we have to go through your

Aiken & Welch Court Reporters

5 (Pages 14 to 17)

R. Ross, Vol. I 2/20/08Page 174 Page 176
1 A. Ican't remember that. Powerhouse is -- to the | 1 times, ten times, a dozen times? .
2 best of my knowledge it was Eagle-Picher. 2 A. Many times. I'll give you an example if you
3 Q. Again, you're looking at a document that's in 3. like. I'm adding on to this but I'll give you an
4 your orange binder, Exhibit B, is that a list of 4 example. We used to skin a saw, this is just one of -
5 products that you created? 5 the things we did. And we'd score the blocks. So they
6 A. Yes. I created some of these products. I put 6 would break easily over the vessels. And that's, you
7 everything altogether. I researched things that did 7 know, that's quite a bit if you're scoring four boxes
8 that and did thatthe best I could. 8 of block, why, that's a lot. I don't remember. Many
9 Q. When did you create that list? 9 times.
10 A. The last six or seven months and I had some 10 Q. Is that something you did on a daily basis?
11. given to me by the union. al A. No. Depends if they were doing a tank or not.
12 Q. And when you say you did some research, what} 12 Q. And when you were either mixing any of the mud i
13 kind of research did you do?. 13 or scoring any of the block or cutting into any of the H
14 A. Talking to people, thinking about things, just 14 pipe covering at the fertilizer plant in Helm, did you
15 try to go over in my mind what happened at that 15 ever wear any kind of a mask or a respirator?
16> particular time. 16 A. That was the start of my career. At that
17 Q. And is there a particular time frame that those | 17 particular time, no.
18 materials cover? In other words, did you look ata 18 Q. Did you use any gloves when you were cutting
19 particular time frame in your job history and then 19 into the material or mixing the mud? .
20 create a list of products that you worked with or 20 A. No, ma‘arn.
21 around in that time frame?: 21 Q. Was this new construction of.a fertilizer plant
22 A. No, uh-uh. But these -- no. 22 -or was this plant already in existence?
23 Q. That's just throughout your career? 23 A. Well, to my best recollection, it was already
24 A. Throughout my career I used most of these 24- in existence. This was just an add-on to it. :
25 products, yeah, until they, yes. 25 Q. Did you see any demolition or tearout being
Page 175 Page 177
1 Q. And you said you also took pipe covering to 1 performed at the fertilizer plant?
2 mechanics. Was there some other material or are you 2 A. Not that I can -- not that I can -- not -- 1
3 referring to the mud that you mixed? 3 don't have any recollection of. H
4 A. I distributed -- 4 MR. SOLOMON: Technically speaking, if there's}
5 MR. SOLOMON: Objection. The question is not] 5 any tie-ins and some insulation is removed in a tie-in,
6 coherent. 6 that fails into what they're describing as a tearout.
7 Go ahead, sir. 7 {just want to make sure you're clear on their question
8 THE WITNESS: I distributed mud, different 8 which I think is designed to be unclear.
9 types of mud, and I distributed the pipe covering to 9 THE WITNESS: Well, I seen that.
10 the mechanics on the job. 10 BY MS. NAGPAL:
11 BY MS. NAGPAL: 1. Q. You saw some tie-in work?
12 Q. Do you know the brand name, manufacturer or |12 A. Well, yes. They had existing. Do you want me
13. supplier of the pipe covering? 13 to explain how it is?
14 A. I'm almost -- the best of my recollection it 14 Q. Sure.
15 was J-M, 15 A. They have existing 6-inch pipe with asbestos on
16 Q. Were you in the presence of any -- strike that. 16 it. They want to tie in there, they had to tear out
17 Did you ever have to cut into any of the J-M 17 the asbestos, let it fall all over, stick it in there,
18 pipe covering? 18 weld the pipe and somebody has to go in there
19 A. Did I? 19 eventually and patch all that up and carry on with
20 - Q Correct. 20. their work.
21 A. Yes. a1 Q. Do you know the brand name or manufacturer of f
22 Q. And how many times do.you recall cutting into | 22 any of the existing pipe covering that is torn off at
23° that material? 23 the fertilizer plant in Helm?

A. Many times.

Q. Can you estimate for me whether it was five

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

45
Vol. I

(Pages 174 to 177)
2/20/08

R. Ross,—

Page 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
5 I, EARLY K. LANGLEY, do hereby certify:
6 That ROBERT ROSS, in the foregoing deposition
7 named, was present and by me sworn 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 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.
19
20
21
22
23 ‘
BARLY K. LANGLEY, CSR No. 3537
24 State of California

Aiken & Welch Court Reporters R. Ross,

59

(Pages 230 to 231)
Vol. I 2/20/08IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
XN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
~--000--~,
ROBERT ROSS,
Plaintifé,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

DEPOSITION OF ROBERT ROSS
VOLUME IT

(Page to 232 ~ 506)

Taken before EARLY K. LANGLEY, RMR
CSR No. 3537

February 21, 2008

Searined CopyPage 235 |

Page 236

Page 233
2 INDEX 1 ERIN MCGAHEY, Sinunu, Bruni, LLP, 633 Pine
a 245, 283, 306, 2 Street, Suite 400, San Francisco, California 94108,
4 3 appeared on behalf of the Defendants Valley Sheet
. 4 Metal; and Rosendin Electric, Incorporated.
° EXAMINATION BY MR. KASTER 258,278 5
© MAMINATIONBYMS,NAGPAL 271,302,308 6 SUSAN FRENCH, Archer Norris, 2033 North Main
7 . 330, 358, 360 _ 7 Street, Suite 800, Walnut Creek, California 94596
8 wor a 3 8 appeared on behalf of the Defendants Cabill
494 9 Construction Company; Anderson, Rowe & Buckley; and
© EXAMINATION BY MS. FOSTER LOVAS 278, 304, 339 10 Frank Bonetti Plumbing, Incorporated.
10 363, 372, 388 ll
u Ones 12 SANDRA FOSTER LOVAS, Bassi, Martini, Edlin &
ag EXAMINATION BY MS.OKUMOTO 262,339, 429 13 Blum, 351 California Street, Suite 200, San Francisco,
EXAMINATION BY MS. LEAHY 308 14 California 94104, appeared on behalf of the Defendant
2 MAMINATION BY MS, VOTAW 340 15 Kaiser Gypsum Company, Incorporated.
19 16
1g DRAMINATION BY MS.GAMBINO 260, 409,428 17 VINEET K. SOOD, AT&T Services, Inc., 525 Marke
1 EXAMINATION BY on 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 Beil
ie BARA TON BEM RIBEDAD 2 20. Telephone Company .
20 EXAMINATION BY MS. TORESON 456 2L
21 EXAMINATION BYMR.RELIFORD 477 22
23 EXHIBITS 23
‘DEFENDANTS’ PAGE,
24 24
D Document entitled "Exhibit A" 248. 25
25 ___98 pases with hondwriting _—_—_—_—__1
Page 234
1 DEPOSITION OF ROBERT ROSS 1 ROBIN HART, Becherer, Kannett & Schweitzer,
2 2 2200 Powell Street, Suite 805, Emeryville, California
3 BE IT REMEMBERED, that pursuant to Notice, and on 3 94608, appeared on behalf of the Defendants Bridgestone
4 the 21st day of February 2008, commencing at the hour 4 Firestone; Dillingham Construction Corporation; and
5 of 9:07 a.m., in the offices of Aiken & Welch, 5 Johnson Controls, Incorporated.
6 Incorporated, One Kaiser Plaza, Suite 505, Oakland, 6
7 Califomia, before me, EARLY LANGLEY, a Certified 7 ESTIE A. MANCHIK (by telephone), Barg Coffin
8 Shorthand Reporter, personally appeared ROBERT ROSS, 8 Lewis & Trapp, 350 California Street, 22nd Floor, San.
9 produced as a witness in said action, and being by me 9 Francisco, California 94104, was present on behalf of
10 first duly swom, 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 Burnham & Brown, 1901 Harrison Street, | 1th Floor,
15 ERIC SOLOMON, Brayton Purcell, 222 Rush Landing 15 . Oakland, California 94604, appeared on behalf of the
16 Road, Novato, California 94948, appeared on behalf of 16 Defendants Golden Gate Drywall, Incorporated; and $.W.
17 the Plaintiff. 17 Spencer & Son, Incorporated.
18 18
19 STEPHEN HARRINGTON, Clapp, Moroney, Bellagamba| 19 DREXWELL M. JONES, Buty & Curliano, 555 12th
20 and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno, 20 Street, Suite 1280, Oakland, Califomia 94607, appeared
21 California 94066, appeared on behalf of the Defendant 21 on behaif of the Defendants Western Building Materials
22 Contra Costa Electric, Incorporated. 22 Supply; and Beasley Plumbing,
23 23
24 24
25 25

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Page 237 Page 2394
1 JENNIFER RASMUSSEN, Pond North, 505 Montgomery; 1 JOE SPATARO, Gordon & Rees, 275 Battery Street,
2 Street, 13th Floor, San Francisco, California 94111, 2 20th Floor, San Francisco, California 94111, appeared
3 appeared on behalf of the Defendant Temporary Plant 3 on behalf of the Defendants Hussman Corporation; and
4 Cleaners. 4 Rosendahl Corporation. .
5 5
6 CYNTHIA SOLIMAN, Ericksen, Arbuthnot, Kilduff, 6 MARIA ZEYREK (by telephone), Haight, Brown &
7 Day, 111 Sutter Street, Suite 573, San Francisco, 7 Bonesteel, 100 Bush Street, 27th Floor, San Francisco,
& Califomia 94104, appeared on behalf of the Defendant 8° California 94104, was present on behalf of the
9 Ampex Corporation. - 9 Defendant Robert Shaw Controls Company.
10 10
il ROLAND THE, Brydon, Hugo & Parker, 135 Main 11 GREGORY KIM (by telephone), Hassard Bonnington, }
12 Street, Suite 200, San Francisco, Califomia 94105, 12 Two Embarcadero Center, 18th Floor, San Francisco,
13 appeared on behalf of the Defendants Foster Wheeler 13 California 94111, was present on behalf of the
14 Corporation; Perini Corporation; and Fireman's Fund. 14 Defendant Sequoia Ventures, Incorporated.
15 a5
16 BEN HOLL (by telephone), Drinker, Biddle & 16 JUSTIN MCKENNA (by telephone), Bullivant Houser: i
17 Reath LLP, '50 Fremont Street, 20th Floor, San 17 Bailey, 1415 L Street, Suite 1000, Sacramento,
18 Francisco, California 94105, was present on behalf of 18 California 95814, was present on behalf of the :
19 the Defendant Monsanto Corporation. 19 Defendant Louisiana-Pacific Corporation.
20 ” 20
2h LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa | 21 JOSHUA D. WHITE, Yaron & Associates, 601
22 & McLeod, 1999 Harrison Street, 18th Floor, Oakland, 22 California Street, 21st Floor, San Francisco,
23 Califoria 94612, appeared on behalf of the Defendant 23 California 94108, appeared on behalf of the Defendant
24 Hewlett-Packard Company. 24 Todd Shipyards Corporation.
25 25°
Page 238 Page 240]
1 HOLLY ACEVEDO (by telephone), Filice, Brown, 1 NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge, }f
2 Bassa & McLeod, 1999 Harrison Street, 18th Floor, 2 101 Califomia 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,
5 5 Incorporated; Metalclad Insulation Corporation; and
6. SABRINA AXT, Foley & Mansfield, 1111 Broadway, | 6 ~Rudoiph & Sletten, Incorporated.
7 10th Floor, Oakland, Califomia 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 Systems-North. 10. appeared on behalf of the Defendant F.P. Lathrop
ail 11 Construction Company.
12 ZACH LEWIS (by telephone), Dal Soglio & 12
13 Martens, 2250 East Imperial Highway, Suite 200, E] 13 ALBERT THUESEN (by telephone), Jackson &
14 Segundo, California 90245, was present on behalf of the 14 Wallace, 55 Francisco Strect, Suite 600, San Francisco,
15 Defendant Aerojet General Corporation. 15 California 94113, was present on behalf of the
16 16 Defendants Colgate-Palmolive Company; and Goodloe E.
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, Brishois, Bisgaard &
20 20 Smith, One Sansome Street, 14th Floor, San Francisco,
21 FAITH WOLINSRY (by telephone), Glaspy & Glaspy,| 24 California 94104, appeared on behalf of the Defendant
22 100 Pringle Avenue, Suite 750, Walnut Creek, California 22 Plant Insulation Company.
23 94596, was present on behalf of the Defendant Fairmont 23
24 Hotel.
25

(Pages 237 to 240)

R. Ross, Vol. II 2/21/08h

Aiken & Welch Court Reporters

Page 241 Page 243
L STEVE LATHRAM, Lynch, Gilardi & Grummer, 475 | 1 ARTHUR J. RELIFORD, JR., P. STEPHEN FARDY,
2 Sansome Street, Suite 1800, San Francisco, California 2 Swanson, Martin & Bel! LLP, 330 North Wabash, Chicago,
3 94111, appeared on behalf of the Defendant Swinerton 3 Mlinois 60611, appeared on behalf of the Defendant -
4 Builders. 4 Earthgrains Baking Company, Incorporated.
5 5
6 KATHY HUYNH (by telephone), Low, Ball & Lynch, |. 6 STEVEN J. SHIN, Walsworth, Franklin, Bevins &
7 505 California Street, 7th Floor, San Francisco, 7. McCall, 601 Montgomery Street, 9th Floor, San.
8 California 94111, was present on behalf of the 8 Francisco, Califomia 94111, appeared on behalf of the
9 Defendants O.C. McDonald & Co.; and Cooper Brothers. 3 Defendants Cleaver-Brooks, Incorporated; Oscar E.
10 10 Erickson, Incorporated; and The Henry Company.
di JEFF MINNERY (by telephone), Gibson, Dunn & 11
12 Cratcher, One Montgomery Street, Post Montgomery 12 KRISTI K, OKUMOTO, Walsworth, Franklin, Bevins|
13 Center, San Francisco, California 94104-4505, was 13. & McCall, 601 Montgomery Street, 9th Floor, San
14 present on behalf of the Defendant Genentech, 14 Francisco, California 94111, appeared on behalf of the
15 Incorporated, 15 Defendants Thomas Dee Engineering Company; and Pierce
16 : 16 Enterprises.
17 JANE BLUMBERG (by telephone), Prindle, Decker & |.17
18 Amaro, 369 Pine Street, Suite 800, San Francisco, 18 BRIAN NUSSBAUM, Vasquez & Estrada LLP, 1000
19 California 94104, was present on behalf of the 19 Fourth Street, Avenue, Suite 700, San Rafael,
20 Defendants Consolidated Insulation Company; Frederick 20 California 94901, appeared on behalf of the Defendants
21 Meiswinkel, Incorporated, CF. Braun Company; Triple A‘ |.21 FDCC, Incorporated; Lamons Metal Gasket Company;
22 Machine Shop; and Trane US, Incorporated. 22 Monterey Mechanical Company; and Scott Co,
23 : no 23
24 24
25 25
Page 242 Page 244
1 CHRISTINE TORESON, Perkins Coie, 180 Townsend} 1 ROBERT ROSS, - i
2 Street, Third Floor, San Francisco, California 94107, 2 previously sworn as a witness,
3 appeared on behalf of the Defendants Honeywell 3 testified as follows:
4 Intemational, Incorporated; and: Georgia-Pacific 4 MR. SOLOMON: Good morning. This is Eric
5 Corporation. 5 Solomon. Last night, or this morning, it came to my
6 6 attention that my client has a couple of rog books
7 CONNIE LEAHY (by telephone), Sedgwick, Detert, 7 pertaining to years during which he served as an
8 Moran & Amold, One Market Plaza, Steuart Tower, 8th 8 insulator. I believe J had one year for the '75, one
9 Floor, San Francisco, California 94105, was present on 9 for the year ‘76 and one for the year '79. I gave
10 behalf of the Defendant PG&E. 10 those to Early and I think she is already making
ql 11 arrangements to get a couple of copies made. I'm not
12 ALLISON B. SUROWITZ, Selman Breitman, 33 New | 12 sure how many of you will want more.
13 Montgomery Street, Sixth Floor, San Francisco, 13 (Phone interruption.)
14 California 94105, appeared on behalf of the Defendants 14 (Off the record.) . .
15 Atlas Heating & Air Conditioning; and Douglass 15 MS. RASMUSSEN: You were going to state
16 Insulation Company. 16 something on the record in reference to documents he
17 17 produced this morning?
18 LINDA S. VOTAW (by telephone), Manatt Phelps & | 18 MR. SOLOMON: Right. I was in the middle of
19 Phillips, One Embarcadero Center, Suite 3000, San 19 that. Okay. We did produce three logbooks pertaining
20 Francisco, California 94111, was present on behalf of 20 to the years 1975, 1976, and 1979.
21 the Defendant Cal-Steam Supply, Incorporated. 21 Some copies are being made, but there will
22 22 probably have to be more made depending on how many
23 23 people want them. I'm not sure if he has other
24 24 logbooks. But at this time that's all I could find.

ed them.
4 (Pages 241 to 244)
R. Ross, Vol. II 2/21/08——_<$<—<— —<— $< $e
Page 301 Page 303

Q. Lunderstand that Western Asbestos had the
piping contract.

1 A. Yes, ma'am. 1
2 Q. Do you know what -- for what purpose the masks | 2
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 § contractors at this site other than Western Asbestos?
6 6
7 7
8 8

knowledge. A. Yes, ma'am.
Go ahead, sir. Q. What other insulating contractors were at this

MS. RASMUSSEN: T'll strike the question. site? a
9 BY MS. RASMUSSEN: 9 MR. SOLOMON: Objection. The question ignores j
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? aL 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
15 Q. Why did you wear a mask? 15 correct?
16 A. I personally wore a mask because asbestos and 16 A. Yes, ma'ani.

17 fiberglass made me cough. So, I just eliminated that. a7 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. I can't remember at this time.
21 Q. -- in any given day? , 21 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. Lean't remember at this time. :
25 Q. Did you ever attend any union meetings where 25 Q. What was the size of the Westen 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 £0 to 40 men:

3 Q. Did you ever receive any materials from your 3 MS. NAGPAL: Thank you, sir.

4 union regarding the use of paper masks or other {ypes 4 That's all I have.

S- of respiratory equipment? $ MR. SOLOMON; Anybody else in the room or 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: I have -- 10 Q. Is it true that John Hoyt, Roger Fonken and
ai 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, I don't know if he knows
13 Anjali has some questions. 13° that or not.
14 MS: RASMUSSEN: I should have been more clear. 14 MS. FOSTER LOVAS: May Task 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. Jobns-Manvyille. 20 respond?
al Q Anything else? a1 MR. SOLOMON: I could tell you that Roger
22 A. We used metal, the mastics that I mentioned. 22  Fonken is our client, John Hoyt, 1 don't know if he's
23 Eagle-Picher mud. 23 alive. He was our client. If he's alive, he's our

Q. Is that it? client. Eddie Story is dead. Jack Kish is dead. Who
ts else am

19 (Pages 301 to 304)
Aiken & Welch Court Reporters R. Ross, Vol. II 2/21/08Page 505
time.
Q. And —-

MR. SOLOMON: Tell you what. I'm not going to
cut off your questioning, but just for today. ] think
he's tired and he’s had enough.

MR. SHIN: That's fine.

MR. SOLOMON: Can we go off the record?

MS. NAGPAL: Yes.

MR. SOLOMON: Resume tomorrow morning at 9:00,

(Whereupon, the deposition was adjoumed .

at 2:50 p.m.)

(Total time elapsed: 9 hours 19 minutes.)

Pee ee
DAREN ESV RIAURWHH

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

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 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 tock 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
State of Califomia

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