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

POBOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

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orwanana & OH & SO we AIHA FF WN — OD

ALAN R. BRAYTON, ESQ,, S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436

ANNE T, ACUNA, ESQ., S-B. #245369 ELECTRONICALLY

BRAYTON#PURCELL LLP

Attorneys at Law F ILE D
222 Rush Landing Road Superior Court of California,
P.O. Box 6169 County of San Francisco

Novato, California 94948-6169 APR 25 2013
is) 898-1555 . Clerk of the Court
‘entative Ruling Contest Email: contestasbestosTR@braytonlaw.com BY: ALISON AGBAY

Deputy 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 ANNE T. ACUNA IN

vs. ) SUPPORT OF PLAINTIFFS”

OPPOSITION TO DEFENDANT
C.C. MOORE & CO, ENGINEERS, CUPERTINO ELECTRIC INC.’S MOTION
Defendants as Reflected on Exhibit 1 FOR SUMMARY JUDGMENT

attached to the Summary Complaint
herein; 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

1, Anne T. Acufia, 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

plaintiff 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 to this declaration as Exhibit 1 is a true and correct copy of the proof of
service of plaintiff ROBERT ROSS’ Responses to CUPERTINO ELECTRIC, INC.’s Special
Interrogatories.

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it

1 ATA

KAlnjueed\934%pldiDes ATA wad
DECLARATION OF ANNE T_ ACUNA iN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT CUPERTINO ELECTRIC INC.’S

MOTION FOR SUMMARY JUDGMEN’OC OW DA MW BRB WK

np oS

3. Attached to this declaration as Exhibit 2 is a true and correct copy of the proof of
service of plaintiffs’ Request for Production of Documents, Requests for Admission, and Form
Interrogatories , ,

_4, Attached as Exhibit 3 are true and correct copies of plaintiff ROBERT ROSS’
verifications of his responses to CUPERTINO ELECTRIC, INC.’s Special Interrogatories,
Request for Production of Documents, Requests for Admission, and Form Interrogatories.

5. Attached as Exhibit 4 is a true and correct copy of the relevant portions from Mr.

ROSS?’ deposition testimony transcript, which include the following pages: 2359:15-17, 2360:24-
2361:1, 2360:21-2362:3. Oo

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

: fan ha men
Executedon “Et 494. 3 , at Novate; California.

BY FAX He

KAlpjured t9340hpkhDee ATA wed 2
BECTARATION OF ANNE T. ACUNA IN SUPPORT OF PLAINTIFFS’ OPPOSITION 10 DEFENDANT CUPERTINO ELECTRIC nee
MOTION FOR SUMMARY TDG}EXHIBIT 1BRAYTON*PURCELL LLP

ATTORNEYS ATLAW
222 RUSH LANDING ROAD

PO BOX 6169
NOVATO, CALIFORNIA 94948-6169

(615) 898-1555

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ed ARM BY N |= FS 6 He aU DAH BH HS me S

PROOF OF SERVICE BY LEXIS-NEXIS E-SERVICE

Tam employed in the County of Marin, State of California. I am over the age of 18
ears and am not a party to the within action. My business address is 222 Rush Landing Road,
.O. Box 6169, Novato, California, 94948-6169.

On 2 , 2012, 1 electronically served e- Service), pursuant to General
Order No. 158, following ‘documents:

PLAINTIFF ROBERT ROSS’S RESPONSE TO DEFENDANT CUPERTINO
ELECTRIC, INC.’S SPECIALLY PREPARED INTERROGATORIES, SET ONE

on the interested parties in this action by causing Lexis-Nexis E-service program pursuant to
General Order No. 158, to transmit a true copy thereof to the following party(ies).

CUPERTINO ELECTRIC, INC.
Archer Norris

P.O, Box 8035

2033 N. Main Street, Suite 800
Wainut Creek, CA 94596

Berry & Be

P.O. Box 16070
2930 Lakeshore Avenue
Oakland, CA 94610

The above document was transmitted by Lexis-Nexis E-Service and the transmission

was reported as complete and without error.
Executed on BS aN 2012, at Novato, California.

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

Robert Ross and Jean Ross v. C.C Moore 2 & Co. Fagines rs, et al.
San Francisco Superior Court Case No. CGC-10-275731

PROOF OF SERVICE BY E-SERVICEEXHIBIT 2tet

POBOX 6169
(41S) 898-1555

NOVATO, CALIFORNIA 94948-6169

222 RUSH LANDING ROAD.

BRAYTONS PURCELL LLP
ATTORNEYS AT LAW

PROOF OF SERVICE BY LEXIS-NEXIS E-SERVICE

Tam employed in the County of Marin, State of California. I] am over the age of 18
years and am not a party to the within action. My business address is 222 Rush Landing Road,

| P.O. Box 6169, Novato, California, 94948-6169.
|: On 2012, I electronically served (E-Service), pursuant to General
| Order No, 158, ‘oliSwing documents: . 7

PLAINTIFF ROBERT ROSS’S RESPONSE TO DEFENDANT CUPERTINO
ELECTRIC, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE

on the interested parties in this action by causing Lexis-Nexis E-service program pursuant to
General Order No. 158, to transmit a true copy thereof to the following party(ies):

| CUPERTINO ELECTRIC, INC.
| Archer Norris

| P.O. Box 8035

| 2033 N. Main Street, Suite 800

|| Walnut Creek, CA 94596

oC OD eB IRD BR WN

Berry & Berry

} P.O. Box 16070

| 2930 Lakeshore Avenue
Oakland, CA 94610

The above document was transmitted by Lexis-Nexis E-Service and the transmission
was reported as complete and without error.

Executed on Bis ; 2012, at Novato, California.

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

Robert Ross and Jean Ross v, C.C. Moore & Co. Engineers, st al.
San Francisco Superior Court Case No. CGC-10-275731

PROOF OF SERVICE BY E-SERVICEEXHIBIT 3ATTORNEYS AT LAW
(415) 898-1555

BRAYTON®PURCELL LLP
222 RUSH LANDING ROAD
NOVATO, CALIFORNIA 94948-6169

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it

VERIFICATION

Robert Ross and Jean. Ross .
San Francisco Superior Court Case No. CGC-10-275731

I, Robert Ross, declare:
Tam the plaintiff in the above-entitled action. The foregoing Plaintiff Robert Ross's.
Spon 0 efendant Cuperting Electric, Inc.’s Form In: tories, Set One, propounded by
Cupertino Electric, Inc., are true and correct as to those statements for which I have personal
knowledge. As to those matters which are therein stated on my information and belief and, as

to those matters, I believe them true.
I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Dated: a7 i {2

Signed: bat ek

Please do not write below this line. If you have any changes, please submit them on a

separate sheet of paper. Thank you.ATTORNEYS AT LAW
222 RUSB LANDING ROAD.
G15) 898-1955

NOVATO, CALIFORNIA 94968-6169

BRAYTONGPURCELL LLP

oc we WAH Aw BD

16

VERIFICATION

Robert Ross and Jean Ross
an Francisco Superior Court Case No. CGC-10-275731

I, Robert Ross, deciare:

lam the plaintiff in the above-entitled action. The foregoing Plaintiff Robert Ross’s
Response to Defer ‘uperti ric, Inc.'s Ri Admission Set One, propounded
by Cupertino Electric, Inc., are true and correct as to those statements for which I have personal
knowledge. As to those matters which are therein stated on my information and belief and, as

to those matters, I believe them true.
1 declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Dated: BLL F [i 2,
Signed: Kile L Khoew

Please de not write below this line. If you have any changes, please submit them on a

separate sheet of paper. Thank you.BRAYTON@FURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

NOVATO, CALIFORNIA 94948-6169

(415) 898-1985,

VERIFICATION

Robert Ross and Jean Ross
San Francisco Superior Court Case No, CGC-10-275731
I, Robert Ross, declare:
lam the plaintiff in the above-entitled action. The foregoing Plaintiff Robert Ross’s

‘endant Cupertino Electr: ic." ially Prepared Interrogatories, Set One,

propounded by Cupertino Electric, Inc., are true and correct as to those statements for which [
have personal knowledge. As to those matters which are therein stated on my information and

belief and, as to those matters, I believe them true.

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

foregoing is true and correct,

Dated: & L IF / La
Signed: £3 tat Atk

Please do not write below this line. If you have any changes, please submit them on a

separate sheet of paper. Thank you.BRAYTONOPURCELL LLP
ATTORNEYS ATLAW
222 RUSH LANDING ROAD
NOVATO, CALIFORNIA 94948-6169
(415) 898.1555

wo em IN Dh eB wR Hw

10

CATIO)

Robert Ross.and Jean Ross
} San Francisco Superior Court Case No. CGC-10-275731

I, Robert Ross, declare:

Tam the plaintiff in the above-entitled action. The foregoing Plaintiff Robert Ross’s
R fendant Cupertino Electric, Inc.” t for Production of Docu:
Qne, propounded by Cupertino Electric, Inc., are true and correct as to those statements for

which J have personal knowledge. As to those matters which are therein stated on my

information and belief and, as to those matters, I believe them true.
1 declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Dated: & A Zz.

Signed: Lik hee ZL f ad

Please do not write below this line, If you have any changes, please submit them on a

separate sheet of paper. Thank you.EXHIBIT 4ROBERT ROSS AND JEAN ROSS

C.C. MOORE & CO. ENGINEERS,

et al.,

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

No. CGC-10-275731

Plaintiffs,-

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Defendants. )
)

DISCOVERY DEPOSITION OF ROBERT ROSS
VOLUME XI

(Pages 2313 through 2626, inclusive)

Taken before ALISA SMITH
AZ CR No. 50712

September 28, 20122 (Pages 2314 to 2317)

2314 2316
1 INDEX 2 Forthe Defendants Duro Dyne Corporation and 0.
2 WITNESS PAGE 2 WEATHER J. ZacHARIA
a
3. ROBERT ROSS 3 Walgworth Franklin Bovine & Mecalt LLP
in ati lontgomery Street, 9th Floor
4 eaaminalion py ue senmon 2322 4 ‘San Franece Galfornia 94114
5 -xamination by Mr. Tarkoff 2338 415-784-7072
a 5 heacharia@wiom.
6 Examination by Mr. Sinunu 2349 5 eae! cor
. A‘ Fer the Defendants Collins Electrical C Wey
7 Examination by Mr. Jimenez 2366 2 -Ravance Mecheniea! Company, ine. Bell Prodlct, Ee
8 Examination by Ms. Rickenbacher 2389 7 Weber and Bragg Investment Company:
9 Examination by Ms. Walter 2430 ° DUNCAN LewMon
ns eLaw,
10 Examination by Ms. Ways 2438 G55 Montgomery Street, Suite 1000
qi Examination by Ms. Cinco 2448 0 See aoa aag mornin gett
12 Examination by Ms. Zacharia 2488 4 duncan@hakeiaw.com
13 Examination by Mr. Lemmon 2547 For the Defendants Malm Metal Products, J.P. Thorpe &
neti wal 13 , Ine., and Balliet Brothers:
14 Examination by Mr. Meislin 2567 eC UATHAN E MESLIN.
« . Bassi, Ediin, Huie & Blum LLP
15 Examination by Mr. Solomon 2579 15 500 Washington Sireat
16 Examination by Mr. Lemmon 2588 Suite 700 .
. 16 ‘San Francisco, California 94104
: aa
a Jmeisling jaw.com
18 y
19 35 For ine Defendants Fluor Corporation, Raymond interior
20 2 ‘Systems North, and Van Mulder Sheei Metal:
21 THOMAS TARKOFF
Qt (Via phone)
Foley & Mansfield, PLLP.
22 22 30C Lakeshore Drive, Suite 1900
23 Dakin, California 94612
23 10) 590. ‘
24 tharkoff@foleymansfiek’.com
24 He
25 25H
2315 2317
a DISCOVERY DEPOSITION OF ROBERT ROSS i Forthe Detendants Bayer CrepScience, ine., Swinerion
3 Bulldars, Perini Corparation, Domco Toxas Product,
2 Inc., Rountree Plumbing & Heating, and Teicher! & Son,
3 BE IT REMEMBERED, that pursuant to Notice, ine.:
4 and on the 28th of September, 2012, commencing ai the: 3 LISA RICKENSACHER.
5 hour of 9:10 a.m., in a conference room of the 4 {Via phone}
6 — DoubleTree oy Hilton Hotel, 445 South Alvernon Way, Brydon, Huge & Parker
7 Tucson, Arizona 85711, before me, ALISA SMITH, a ° San Pransice, Calfomia 94105
8 Certified Shorthand Reporter, State of Arizona, 6 445-408-0900 ohpla
8 personally appeared ROBERT ROSS, produced as a > Wickenbacher@bnplaw.com
40 witness in said action, and being by me first duly & — Forthe Defendants ACOO Engingerad Systems, Inc., OW
11 sworn, was thereupon examined as a witness in said q Nicholson, and Lene Star industries, ine.:
42. cause. DENNIS YOUNG.
10 Via phon
3 Foley nai, 2.2.
14 ~-000-~ n 300 Lakeshore Drive, Suite 2900
15 APPEARANCES: Oakland, California 94812
16 For the Plaintiffs Robert Ross and Jean Ross ” See giceymansteld.com
47 ERIC C. SOLOMON 13 For he Delendant Cana c 5
Brayton Purcell LLP 14 Forthe Qefendars Cat Cersivcton Senices
18 222 Rush Landing Road * (aprons)
PO Box 6169 16 Archer Nomis
19 Novato, California 94948 Y Want Genk Caliowia S280
415-898-1555 825-930-6800
2a esolomon@braytonpurcell.com 8 Gimenez @archemoris.com
21 For the Defendant Beasley Plumbing & Heating: For the Dofendant Marshco Auto Parts: (via phone)
20
22 JOSH SULLIVAN ANAR, HARTMAN
(Via phone) 21 Via shone)
23 Buty & Curliano Gorden & Rees
555 12th Street, Suite 1280 ” San begs Coltging S210",
24 Oakland, California 94607 23 615-696-8700
510-267-3000 aay Satnangordonres.com
25 jsullivan@butycarliano.com 2

Aiken Welch Court Reporting R. Ross

9-28-123 (Pages 2318 to 2321)

2318 2320
3 For the Defendants Webcor Builders, inc. and Henry C. | 2 Forthe Defendant McClure Etecttie, Inc.:
2 Bek Company 2 LEOPOLDO CHANCO
CRISTINA M. CINCO 2 Sinunu Bruni
3 (Via phone) 333 Pine Street, Sule 400
imai, Tadlock, Keeney & Cordery 4 Sn seen. California 94104
4 108 Bush Street, Sulle 1300. Soret ubrunt
San Francisco, Cattiornia 94104 3 Ichanco@sinunubruni.com
5 445-675-7000
i For the Defendant Slakey Brothers:
‘ cefnco@itke.com >
. STEVEN L, CLARENCE,
7 Forthe Defendant Foley Electic: e (iaphons}
8 EDWARD M. LAr Sennett, Samuelsen, Reynolds & Atard
2 {iia phone} rath 8 7304 Marina Vilage Parkway
jishop Barry Oral Suite 300
2000 Powell Steet, Suite 1425 0 Alameda, Calfornia 84501
10 Emeryville, California 94608 510-464-7688
510-420-6371 uw sclarence@bsralaw.com
a etai@bishop-barry com @
1z MARY M. RYAN For the Detendant Temporary Plant Cleaners:
{Via phone) a3
13 Bishop Sarry Drath a LINDSAY WEISS
2000 Powel! Stroot, Suite 1425 ! a phore)
4 Emeryville, Calfrria 94608 | Cooley, Manion, Jones, Hake & Kurowski
510-420-6338 18 201 Spear Street, Suite 1800
- San Francisco, Calfomia 94105
3s yan@bthop senso foe meee
For the Defendant Pribuss Engineering: ' nv hwelss@cmjlaw.com
v |
GEORGES A. HADDAD | 18 Forthe Defendants CSK Auto incorporated and Jonnson
Contras, tec,
18 (Via phone} 33
Adams, Nye, Trapani & Becht PAUL $. LECKY
19 222 Kearny Street 20 (Via phone)
Sevanth Floor Bachorer, Kannett & Schweitzer
20 San Francisca, Calfomia 94108 at Water Tower
415-982-8955 1285 Powell Street
ghaddad@adamsnye.com 22 Emeryville, California 24608
Mm 510-658-3800
a 23 plecky@bkseal.com
me 2
wll . —_ ob a BB ll
2319
1 For the Defendant Fairmont Hotel 1 Forthe Defendants Pacific Mechanical Corporation and
2 JAMES O. HARTMAN 2 Sampo! Painting:
(Via phone}
3 Law Offices of Glaspy & Glaspy 3 Satya
300 Pringle Avenve, Suite 750 (via on oe) ch
4 Walnut Creek, California 84596 mn
928-947-1200 i $09 Montgomery Street
Tih Floor
é iartmen@glaspy.com Poo8 San Francisco, Catifornia 94111
. 415-981-6890
Forte Defendant Goodyear Tire & Rubbér Company: Pog swald@ionbali.com
7
KATHRYN LAFEVERS , For the Defendants Clausen-Patten, Inc. a dissoWved
@ {Via phone} 2 exrporation, and CoruinAir Mechanica! Services:
Gordon & Rees 3 STEPHEN CARLSON
° 278 Battery Street, Suite 2000 ia
San Francisco, Caria 94111 a0 Imai Talock, Keeney & Gordery
0 415-988-59' ish Gre
an San Francisco, Caliternia 94264
klafevers@gordonreas.com San Francisco
b JAMES K. HOLDER 12 scarisongitke.com
. a3
{Via phone) For the Defendant Callomnia Orywak Company:
13 Gordon & Rees wee "
275 Battery Street, Suite 2000 WALTER RUNDIN,
a4 ‘San Francisca, California 94141 1s (Via phone)
445.086-5900 Burnham Brown
1s jholder@gordonrees.com 18 1804 Hartson Sveet
a6
For the Defendant J.W. MeClenahan: u Oakland, Catifomia 94612
w Sr0-84e 8800
JENNIFER M. WAYS 8 wrundin@berehambrown.com
1 (Via phone) i
Pringle, Amaro, Goetz, Hillyard, et al [za Tor the Defendant Monsanto Company:
a8 One California Street, Suite 1910 JAIME WALTER
San Francisco, California 94111 a ‘Wwia phone)
20 415-788-8354 Drinker Biddle & Reath LLP
iweys@prindietaw.com ee 50 Fremont Street, 20th Floor
21H San Francisca, Caifomia $4105
22 i! 23 418-881-7634
2300 os ime. walter@dbr.com
2 it
28a 428

Aiken Welch Court Reporting R. Ross

9-28-1243 (Pages 2358 to 2361)

2358 | 2360
1 Q. The one -- okay. That's a good question. 1 THE WITNESS: It looked like -- it
2 The first time, how many days did you see 2 looks like oatmeal to me.
3 the McClure crew? 3. BY MR. SINUNU:
4 A. i don’t remember how many days, but | just 4 Q. Okay. Do you know the brand name or
5 noticed a couple of guys. Two guys | noticed. 5 manufacturer of it?
é Q. Do you know the names of either of them? 6 A. No.
7 A. No. 7 Q. And onto what was that fireproofing
8 Q. And did they -- did they hang -- did they do 8 attached? What kind of material?
8 anything to hang their struts other than by shooting, 9 A. On the ceiling.
10 Unistruts into the ceiling? 10 MR. SOLOMAN: Well, he wants to know,
a A. incertain cases, they would run their -- pal was the ceiling plaster?
12 their piping or -- over another pipe orontopofa | 12 BY MR. SINUNU:
13 duct or something like that. But for the most part, | 13 Q. | know but what kind -- what kind of ~
14 they ran them on the Unistruts. } 24 material was the ceiling? Was it metal, or was it
45 MR. SOLOMAN: Well, his question is -- | 15 tile, or was it--
16 BY MR. SINUNU: 16 A. Cement.
17 Q. How many times did you — boar Q. - or was it something else?
18 MR. SOLOMAN: Okay. Sorry. 18 A. Cement.
19 BY MR. SINUNU: | 19 Q. | didn't hear your answer.
20 Q. And how many times did you see a McClure | 20 A. Cement.
aL electrician shooting Unistruts into the ceiling? 2h Q. Okay. And you believe that that was
22 A. ican'tremember, | 22 fireproofing: correct?
23 Q. More than five? / 23 A, Absolutely.
24 A. ican'tremember. | 24 Q. And do you have an opinion as to whether or
25 @._ And 25 __not that fireproofing contained asbestos?
2358 | 2361
1 kind of fireproofing? | 2 A. Yes. .
2 A. Yes. 2 UNIDENTIFIED SPEAKER: Well, what was}
3 Q. Was it oid fireproofing? | 3 your opinion? |
4 A. |--| would imagine it was, yes. i 4 UNIDENTIFIED SPEAKER: And what's your
5 Q. Okay. . LS opinion? .
6 A. You're asking -- what are you asking me? : 6 _MR, SOLOMAN: Was that two people
7 Q.  -- installed at the time. | 7 asking that?
8 MR. SOLOMAN: Sorry, Jim. He stepped | 8 MR. SINUNU; I don't know,
9 on that a little bit because he was continuing to 2 MR. SOLOMAN: I heard a low voice, and
10 respond, Maybe you could repeat that. 10 then I heard a high voice.
i BY MR. SINUNU: iL UNIDENTIFIED SPEAKER: | was just
12 Q. It wasn't fireproofing that was being | 12. thinking aloud.
13 installed during that job, was it? | 13 MR. SINUNU: I didn't ask it.
14 A. No. }oa4 MR. SOLOMAN: Well, who -- who asked
15 Q. Okay. And what did that fireproofing look | 45 that question, then?
16 like? | 16 THE WITNESS: We'll put this on
17 A. It was gray in color, i 17 television. .
18 Q. How old was it? 18 MR. SINUNU: I'll ask it. t don't
19 A. | have no way of telling. it looked tike -- | 12 care.
20 @. Do you know the brand name or manufacturer 20 BY MR. SINUNU:
ai of 1 2k Q. Do you believe that fireproofing contained
22 MR. SOLOMAN: Excuse me, Jim. He was! 22 asbestos?
23 continuing to respond. It looked like? 1 23 A, Yes, | know it was asbestos. | know it
24 MR. SINUNU: I’m sorry. Okay. Go 24 contained asbestos.
25 ahead. 28 Q. Why?

Aiken Welch Court Reporting R. Ross

9-28-1214 (Pages 2362 to 2365)

2362 2364
A. Because of the color, the texture, the 1 second, or third?
smell. 1 know the difference between asbestos 2 A. You know, I don't remember. | just know he
_fireproofing and non-asbestos fireproofing, 2. 3 was there.
Q. Did you yourself ever install fireproofing? 4 Q. Anyone else?
A. No. 5 A. No.
Q. Did you ever see McClure electricians , 8 Q. Sir, was the answer "no"?
disturb any materials other than fireproofing that 7 A. Yes, sir, No.
you understood to contain asbestos? 8 Q. Okay. Thank you.
MR. SOLOMAN: | assume all these 3 Do you know of any documents that might
questions have to do with this job; right? 10 provide further information to help refresh your
MR. SINUNU: Yeah, at Mills Building. i recollection regarding McClure Electric?
MR. SOLOMAN: Right, okay. 12 A. No,
He's thinking. . 13 Q. Thank you, sir.
THE WITNESS: Not thatican remember 14 A. Thank you.
at this time. $45 Q. | have a couple of other general questions
BY MR. SINUNU: | 16 that -- and they might have been asked, but | want
Q. Did you ever talk to any of the electricians | 17 to~ | just want to find out, did -- did -- did you
from McClure Electric on that job? io. gotoa—~
A. Not that | could remember. | 19 MR. SOLOMAN: I'm sorry. A what
Q. Okay. I've reviewed ail the 111 pages of 20 school?
this Exhibit 12, and | reviewed your notes in a THE WITNESS: Apprentice school.
Exhibits 9 and 10. The only mention of McClure 22 BY MR. SINUNU:
Electric that | saw was at that one job at the Mills | 23 Q. What years? What year did you turn out?
Building 24 A. Good question, | don't really remember.
__._.AS you sit here, do you recall any other job | 25 Q. Were you al school at the same time as___|
2363 | 2365
where you and McClure Electric were at the same job: 1 Cantley?
at the same time? ; 2 A. No. Cantley was a journeyman before | was.
A. Not at this time. 3 Q. Well, was it before 19657
Q. Do you know of any persons who might provide; 4 MR. SOLOMAN: Was what before 19657
additional information to heip you refresh your 3 BY MR. SINUNU:
recollection about McClure Electric? 6 Q. Were you in apprentice school before 1965?
A. Where is that at? 4 7 A. You want a guesstimate? | can give you one
MR. SOLOMAN: Ail that noise, you mean’ & pretty close.
THE WITNESS: No. McClure Electric. ; 9 Q. Well, okay. Sure. Give me an estimate.
There. . 10 A. Somewhere between ‘62 and ‘63 | turned out.
MR. SOLOMAN: This job. Well, his LL Q. Ali right. Ard was Richard Hoilis your
question is, is there any -- can have it read 12 teacher?
back? | 13 A. Yes.
(Requested portion was read by the 14 Q@. Okay. Where was your school?
Court Reporter.) 18 A. Atfirst it was in San Francisco. Then they
THE WITNESS: Robert Cantley. 16 moved over to the East Bay.
BY MR. SINUNU: low Q. And during your career, you've done work in
Q. Did he work at the Mills Building with you? 18 shipyards, have you not?
A. Yes. 19 A. Yes.
Q. When? 20 Q. I'm sure that was covered. | just wanted to
A. All| remember is he came -- he came by one 21 double-check that.
day, and it was ~- he was filling out a day. 22 And then you ~ and you've read the Asbestos
Q. What year? 23 Worker magazines when they would come fo your home?
A. Ail | know is the same time | was there. 24 MR, SOLOMAN: Objection. Misteading.
Q. On which of the three jobs? The first, 25 THE WITNESS: No.

Aiken Welch Court Reporting R. Ross

9-28-122626

STATE OF ARIZONA )

COUNTY OF MARICOPA )

I, ALISA SMITH, a Shorthand Reporter, State
of Arizona, do hereby certify:

That ROBERT ROSS, in the foregoing
depesition named, was present and by me sworn as a
witness in the above~entitled action at the time and
place therein specified;

That said deposition was taken before me at
said time and place, and was taken down in shorthand
by me, a Certified Shorthand Reporter of the State of
California, and was thereafter transcribed into
typewriting, and that the foregoing transcript
constitutes a full, true, and correct report of said
deposition and of the proceedings that took pace;

IN WITNESS WHEREOF, I have hereunder

subscribed my hand this 8th day of October 2012.

Alisa Smith
Certified Reporter #50712

Aiken Weich Court Reporting R. Ross 9-28-12