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

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                                BRAYTONOPURCELL LLP
ATTORNEYS AT LAW
222 RUSH LANDING ROAD
PO BOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555.

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

OREN P. NOAH, ESQ., S.B. #136310 ELECTRONICALLY
ASHLEY J. BENSON, ESQ., S.B. #276326 FILED
BRAYTON*PURCELL LLP Superior Court of California,
Attorneys pilaw Road County of San Francisco
P.O. Box 6169 APR 25 2013
Novato, Califormia 94948-6169 Clerk of the Court
(415) 898-1555 BY: ALISON AGBAY
Tentative Ruling Contest Email: contestasbestosTR@pbraytonlaw.com 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 ASHLEY J. BENSON
vs. : IN SUPPORT OF PLAINTIFFS’
OPPOSITION TO DEFENDANT S.J.
C.C. MOORE & CO. ENGINEERS; AMOROSO CONSTRUCTION COS
Defendants as Reflected on Exhibit i MOTION FOR SUMMARY JUDGMENT
attached to the Summary Complaint herein; OR, IN THE ALTERNATIVE, SUMMARY
and DOES 1-8500. ADJUDICATION

Date: May 9, 2013

Time: 9:30 a.m.

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

Action Filed: December 17, 2010

I, Ashley J. Benson, declare as follows:

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

2. Attached hereto as Exhibit 1 are true and correct copies of pertinent excerpts of the
deposition transcripts of Robert Ross. Mr. Ross’s deposition was taken in his previous matter,
San Francisco Superior Court case number 274099, on February 20, 2008, February 21, 2008,

February 22, 2008, March 4, 2008, March 11, 2008, March 12, 2008, December 15, 2008,

‘KATnjured\19247iptadee.As8-AMOCON-rs-na wp 1 : AJB
DECLARATION OF ASHLEY J, BENSON _IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT 8.5. AMOROSO
CONSTRUCTION CO,.’8 MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONCO dy AA BF WN

10

December 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.

3. Attached as Exhibit 2 is a true and correct copy of the Declaration of Richard Cohen,

M.D., MPH.

4. Attached hereto as Exhibit 3 are true and correct copies of pertinent excerpts of the

deposition transcripts of ROBERT ROSS. Mr. ROSS’s deposition was taken in the present
matter, San Francisco Superior Court case number 275731, on July 12, 2011, July 13, 2011,
July 14, 2011, July 15, 2011, August 8, 2011, August 9, 2011, August 10, 2011, August 11,
2011, September 26, 2012, September 27, 2012, and September 28, 2012.

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

foregoing is true and correct.

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

x dU g34Mpldidec- AN esa ws

ECLARATION OF ASHLEY J. BENSON IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT S.J. AMOROSO
CONSTRUCTION CO.."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

Ashley J. Benson

2

ASB.EXHIBIT 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. 2740399
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 PACE 1 DEPOSITION OF ROBERT ROSS
3. EXAMINATION BY MS. NAGPAL 14,47, 83 2 .
1, . a ye ' 3 BE IT REMEMBERED, that pursuant to Notice, and on
117, 121, 129 4 the 20th day of February 2008, commencing at the hour
S$ lee tee 148 5S of 9:35 a.m., in the offices of Aiken & Welch, One
6 * 6 Kaiser Plaza, Suite 505, Oakland, California, before
1 EXAMINATION BY MR. JONES 46, 104 7 me, EARLY LANGLEY, a Certified Shorthand Reporter,
EXAMINATION BY MR. KASTER 62, 82, 88 8 personally appeared ROBERT ROSS, produced as a witness}
8 132, i it ji i
9 EXAMINATION BY MS. FOSTER LOVAS 64, 82, 83 9 in said action, and being by me first duly swom, was
‘91, 97, 105 10 thereupon examined as a witness in said cause.
10 310, 128, 131 Wd
162
wu 42 =-000--=
EXAMINATION BY MS, RASMUSSEN 64, 120, 129 43
12 228
13 EXAMINATION BY MS. TORESON 84 14 H
MIN . GAMI .
1S RAMINATION BY MRLSPAT ARO. & 15 ERIC SOLOMON, Brayton Purcell, 222 Rush Landing}
16 EXAMINATION BY MS. NASSOPOULOS 104 16 Road, Novato, California 94948, appeared on behalf of
17 EXAMINATION BY MS, CHAVEZ 106, 221 17 the Plaintifé
18 EXAMINATION BY MS. OKUMOTO 116, 131, 220 °
19 EXAMINATION BY MS. VOTAW 126, 163, 165 18
20 29 19 STEPHEN HARRINGTON (by telephone), Clapp,
EXAMINATION BY MS. FRENCH 182 20 Moroney, Bellagamba and Vucinich, 1111 Bayhill Drive,
2a MAMINATION BY MS. HART 168 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
25 25
Page 3 Page 5
1 EXHIBITS 1 ERIN MCGAHEY (by telephone), Sinunu, Bruni,
3 DEFENDANTS __ PAGE 2 LLP, 633 Pine Street, Suite 400, San Francisco,
A is entitled Local 16 tetirees 27 3 California 94108, appeared on behalf of the Defendants
4 age. 4 Valley Sheet Metal; Rosendin Electric,
B Collection of Mr. Ross's documents 69 s
5 in binder, handwritten notes; 6 SUSAN FRENCH, Archer Norris, 2033 North Main
6 typewritten notes 7 Street, Suite 800, Walnut Creek, California 94596
C Copies of handwritten notes 6 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 11 SANDRA FOSTER LOVAS, Bassi, Martini, Edlin &
12 Blum, 351 California Street, Suite 200, San Francisco,
0 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
te 17° Street, Room 2009, San Francisco, California 94105,
3 18 appeared on behalf of the Defendant Pacific Bell
18 12 Telephone Company.
19 20
20 21 ROBIN HART (by telephone), Becherer, Kannett &
3 22 Schweitzer, 2200 Powell Street, Suite 805, Emeryville,
33 23 California 94608, appeared on behalf of the Defendants
24 Bridgestone Firestone; Dillingham; Johnson Controls.

Aiken & Welch Court Reporters

2 {Pages 2 to 5)

R. Ross, Vol. I 2/20/08Page 6

Page 8h

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

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

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

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

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

behalf of the Defendants A&A Mechanical Contractors,
Inc.; Fluor Corporation; Raymond Interior
Systems-North.

1 ESTIE A. MANCHIK, Barg Coffin Lewis & Trapp, 1
2 350 California Street, 22nd Floor, San Francisco, 2
3 California 94104, appeared on behalf of the Defendant 3
4 The Board of Trustees of the Leland Stanford Junior 4
5 University. 5
6 6
7 JOHN KIRBY (by telephone), Bumham & Brown, 7
8 1901 Harrison Street, 11th Floor, Oakland, California 8
3 94604, appeared on behalf of the Defendants Golden Gate 9
10 Drywall, Inc.; $.W. Spencer & Son, Inc. 10
il al
12 DREXWELL M. JONES, Buty & Curliano, 555 12th 12
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
46 16
17 JENNIFER RASMUSSEN, Pond North, 505 Montgomery] 17
18 Street, 13th Floor, San Francisco, California 94111, 18 Rosendaht Corporation.
19 appeared on behalf of the Defendant Temporary Plant 19
20 Cleaners. , . 20
21 21
22 JULIE FARRAH, Ericksen, Arbuthnot, Kilduff, 22
23 Day, 111 Sutter Street, Suite 575, San Francisco, 23
24 California 94104, appeared on behalf of the Defendant 24
25 Ampex Corporation. _| 25
Page 7
1 ROLAND THE, Brydon, Hugo & Parker, 135 Main 1
2 Street, Suite 200, San Francisco, California 94105, 2
3 appeared on behalf of the Defendants Foster Wheeler; 3
4 Perini Corp.; Fireman's Fund, 4 Sequoia Ventures.
5 5
6 BEN HOLL (by telephone), Drinker, Biddle & 6
7 Reath LLP, 50 Fremont Street, 20th Floor, San 7
8 Francisco, California 94105, appeared on behalf of the 8
9 Defendant Monsanto. 9 Louisiana Pacific.
10 10
11 LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa] 11
12 & McLeod, 1999 Harrison Street, 18th Floor, Oakland, 12
13 California 94612, appeared on behalf of the Defendant 13
14 Hewlett Packard. ~ 14
is is
16 HOLLY ACEVEDO (by telephone), Filice, Brown, 16
17 Eassa & McLeod, 1999 Harrison Street, 18th Floor, 17
18 Oakland, California 94612, appeared on behalf of the 18
19 Defendant Tosco Refining Company. 19
20 20 Construction Company.
2k SABRINA AXT, Foley & Mansfield, 1111 Broadway, | 21
22 10th Floor, Oakland, California 94612, appeared on

Aiken & Welch Court Reporters

Page 9

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

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

NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on bebalf of the Defendants
D, Zelinsky & Sons, Ine.; ITT Industries, Inc.;
Metatclad Insulation Corporation; Rudolph & Sletten.

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

3 (Pages 6 to 9)

R. Ross, Vol. I 2/20/08Page 10
ANTHONY CHIOSSO, ALBERT THUESEN (by telephone).
Jackson & Wallace, 55 Francisco Street, Suite 600, San
Francisco, California 94113, appeared on behalf of the
Defendants Colgate Palmolive; Goodloe E. Moore.

ANJALI NAGPAL, Lewis, Brisbois, Bisgaard &
Smith, One Sansome Street, 14th Floor, San Francisco,
California 94104, appeared on behalf of the Defendant
Plant Insulation Company.

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

KATHY HUYNH (by telephone), Low, Ball & Lynch,
505 California Street, 7th Floor, San Francisco,

California, 94111, appeared on behalf of the Defendants
O.C, McDonald & Co. Cooper Brothers.

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

Page 12)

LINDA S. VOTAW, Manaitt Phelps & Phillips, One
Embarcadero Center, Suite 3000, San Francisco,
California 94111, appeared on behalf of the Defendant
Cal-Steam.

ARTHOR J, RELIFORD, JR., P. STEPHEN FARDY,
Swanson, Martin & Bell LLP, 330 North Wabash, Chicago,
Hlinois 60611, appeared on behalf of the Defendant
Earthgrains Baking Company, Inc.

ALEXANDRA NASSOPOULOS, Walsworth, Franklin,
Bevins & McCall, 601 Montgomery Street, 9th Floor, San ~
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, Inc; Oscar E. Erickson,

Inc.; The Henry Company.

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

Page lL

JANE BLUMBERG, Prindle, Decker & Amaro, 369
Pine Street, Suite 800, San Francisco, California
94104, appeared on behalf of the Defendants
Consolidated insulation Company, Frederick Meiswinkel,
Inc.; C.F, Braun; Triple A Machine Shop; Trane US Inc.

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

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

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

MICHELLE HIRTH (by telephone), Sheppard Mullin,
Four Embarcadero Center, San Francisco, Califomia
94111, appeared on behalf of the Defendant MRC

Holdings.

Aiken & Welch Court Reporters

Page 13]

SHARON HOLWERDA, Vasquez & Estrada LLP, 1000
Fourth Street, Avenue, Suite 700, San Rafael, ti
California 94901, appeared on behalf of the Defendant

FDCC, Inc.; Lamons Metal Gasket; Monterey Mechanical;
Scott Co.

JOSHUA D. WHITE, Yaron & Associates,-601
California Street, 21st Floor, San Francisco,
California 94108, appeared on behalf of the Defendant
Todd Shipyards Corp.

4 (Pages 10 to 43)

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

Page 16

comment upon those changes and that may have a bearing
<=

1 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. S  attomey and just let me know, 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, 2 little after 9:30. Now so we'll probably take our
10 although there are several other attorneys in this room 10 first break about 9:30 and if you need to take a break
11 and the adjoining room and on the phone that will also 11. earlier let me know.
“12 have the opportunity to ask you questions, okay? 12 A. Okay.
13 A. Okay. 13 Q. You're doing really great in providing'a verbal.
14 Q. Can you hear me okay so far? 14 response, but I just want you to know that nods of the
is A. So far. 15 heads, shrugs of the shoulders, and "uh-huh" and
16 Q. Do you understand that you have taken an oath 16 “huh-ub,” 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 H
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 lam
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 17

1 understand that? i 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? 5S. 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 Twere 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.
19 A. Yes. 19 Q. Okay.
20 Q. However, I do have to caution you that changes 20 And, I'm also going to be asking you questions
21° that you make, if they are substantive in nature as 21° that may seem redundant in nature for each job site,
22 opposed to a spelling change, or something minor like 22 for instance, but you -- just be patient and bear with
23 that, a date, minor date change, change of amount or 23 me and we'll get through it because that's just the way
24 something like that, myself or anybody else can be 24 this process works and we have to go through your
25 25

entire job history asking

Aiken & Welch Court Reporters

2/20/08

R. Ross, Vol. IFane 1764

Page 174 Page 176
1 A. Lcan'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 Jil 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. | put € 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 that the best I could. 8 ofblock, 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 J had some 10 Q. Is that something you did on a daily basis?
11 given to me by the union. 1L 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
13 kind of research did you do? 13 or scoring any of the block or cutting into any of the
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 t 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 cuiting
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'am,
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 inexistence. 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 performed at the fertilizer plant?
2 mechanics. Was there some other material or are you A. Not that I can -- not that I can -- not -- 1
3 referring to the mud that you mixed? don't have any recollection of.- l
4 A. [distributed -- MR. SOLOMON: Technically speaking, if there's|
5 MR. SOLOMON: Objection. The question i: is not] any tie-ins and some insulation is removed ina tie-in, ff
6 coherent, that falls into what they're describing as a tearout.
7 Go ahead, sir. ] just want to make sure you're clear on their question
8 THE WITNESS: I distributed mud, different which I think is designed to be unclear.
9 types of mud, and I distributed the pipe covering to THE WITNESS: Well, I seen: that.
10. the mechanics on the job. BY MS. NAGPAL:
Ll BY MS. NAGPAL: Q. You saw some tie-in work?
12 Q. Do you know the brand name, manufacturer or A. Well, yes. They had existing. Deo you want me

13 supplier of the pipe covering?

14 A. I'm almost -- the best of my recollection it

15 was J-M.

16 Q. Were you in the presence of any -- strike that.
17 Did you ever have to cut into any of the J-M
18 pipe covering?

19 A. Did I?

20 Q. Correct.

2L A. Yes.

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

Aiken & Welch Court Reporters

to explain how it is?
Q. Sure.
A. They have existing 6-inch pipe with asbestos on
it. They want to tie in there, they had to tear out
the asbestos, let it fall all over, stick it in there,
weld the pipe and somebody has to go in there -
eventually and patch all that up and carry on with
their work, i
Q. Do you know the brand name or manufacturer of
any of the existing pipe covering that is torn off at
the fertilizer plant in Helm?
A. I can't remember -- I can't remember anything.

45
Vol.

(Pages 174 to 177)

R. Ross, I 2/20/08Page 230
1
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SIGNATURE OF WITNESS
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Page 231
1 STATE OF CALIFORNIA )
2 )
3. COUNTY OF ALAMEDA)
4 .
3 I, EARLY K. LANGLEY, do hereby certify:
6 That ROBERT ROSS, in the foregoing deposition
7 named, was present and by me sworn as a witness in the
8 above-entitled action at the time and place therein
2 specified;
10 ‘That said deposition was taken before me at said
12. 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
28 hand this 2nd day of March 2008.
ig
20
ar
22
23
EARLY K, LANGLEY, CSR No, 3537
24 State of Califomia

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

(Page to 232 - 506)

Taken before EARLY K. LANGLEY, RMR

CSR No. 3537

February 21, 2008

Scanned CopyPage 233

Page 235 )j

1 INDEX L ERIN MCGAHEY, Sinuny, Bruni, LLP, 633 Pine
3 BXAMINATION BY MS.RASMUSSEN 245, 283, 306 2 Street, Suite 400, San Francisco, California 94108,
4 oe 338 a0 3 appeared on behaif of the Defendants Valley Sheet
432, 463 4 Metal; and Rosendin Electric, Incorporated.
© SXAMINATION BY MR KASTER “258,278 5
6 EXAMINATION BY MS. NAGFAL a,302, 905 6 SUSAN FRENCH, Archer Norris, 2033 North Main
7 336, 358, 360 _ 7 Street, Suite 800, Walnut Creek, California 94596
8 8 appeared on behalf of the Defendants Cahill
9 Construction Company; Anderson, Rowe & Buckley; and
» EXAMINATION BYMS. FOSTERLOVAS 778,304,239 10 Frank Bonetti Plumbing, Incorporated.
20 363, 372, 388 iL
n 908,498 12 SANDRA FOSTER LOVAS, Bassi, Martini, Edlin & |
ag, PXAMINATION BY MS.OKUMOTO 282, 339,429 13 Blum, 351 California Street, Suite 200, San Francisco, H
EXAMINATION BY MS. LEAHY 308 14 California 94104, appeared on behalf of the Defendant,
» EXAMINATION BYMS, VOTAW 340 15 Kaiser Gypsum Company, Incorporated.
14 16
a5 MAMBIATIONBYMS GAMBINO 360,409, 28 17: VINEET K. SOOD, AT&T Services, Inc., 525 Marke!
16 EXAMINATION BY 0, 360, 372, 387 18 Street, Room 2009, San Francisco, California 94105,
17 EXAMINATION BY MR. JONES 388 19 appeared on behalf of the Defendant Pacific Bell
3, AMOR YE RUSSO 20. Telephone Company.
20 EXAMINATION BY MS. TORESON 456 aL
21 EXAMINATION BY MR.RELIFORD 477 2D
3 EXHIBITS 23
DEFENDANTS’ PAGE
24 . 24
Document entitled “Exhibit A” 248. 25
25 98 pages with handwriting
Page 234 Page 236
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 l
5 of 9:07 am., in the offices of Aiken & Welch, 5 Johnson Controls, Incorporated.
6 Incorporated, One Kaiser Plaza, Suite 505, Oakland, 6
7 California, 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 sworn, was thereupon examined as a witness 10 the Defendant The Board of Trustees of the Leland
11 in said cause. 11 Stanford Junior University.
12 12
13 --000-—- 13 JOHN KIRBY (in person and by telephone),
a4 14 Burnham & Brown, 1901 Harrison Street, | 1th Floor,
1s ERIC SOLOMON, Brayton Purcell, 222 Rush Landing 15 Oakland, California 94604, appeared on behalf of the i
16 Road, Novato, California 94948, appeared on behalf of 16 Defendants Golden Gate Drywall, Incorporated; and S.W.}f
17 the Plaintiff. 17 Spencer & Son, Incorporated.
18 18
19 STEPHEN HARRINGTON, Clapp, Moroney, Bellagamba] 19 DREXWELL M. JONES, Buty & Curliano, 555 121
20 and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno, 20 Street, Suite 1280, Oakland, California 94607, appeared
21 California 94066, appeared on behalf of the Defendant 21. on behalf of the Defendants Western Building Materials
22 Contra Costa Electric, Incorporated. Supply; and Beasley Plumbing.
23
24
25

Aiken & Welch Court Reporters

2 (Pages 233 to 236)

R. Ross, Vol. If 2/21/08Page 237

1 JENNIFER RASMUSSEN, Pond North, 505 Montgomery
2 Street, 13th Floor, San Francisco, California 94151,

3 appeared on behalf of the Defendant Temporary Plant

4 Cleaners.
5
6
7
8

CYNTHIA SOLIMAN, Ericksen, Arbuthnot, Kilduff,
Day, 111 Sutter Street, Suite 575, San Francisco,
Califomia 94104, appeared on behalf of the Defendant
9 Ampex Corporation.

ROLAND THE, Brydon, Hugo & Parker, 135 Main
Street, Suite 260, San Francisco, California 94105,
appeared on behalf of the Defendants Foster Wheeler
Corporation; Perini Corporation; and Fireman's Fund.

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

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

Page 238

1 HOLLY ACEVEDO (by telephone), Filice, Brown,
2 Eassa & McLeod, 1999 Harrison Street, 1 8th Floor,

3 Oakland, California 94612, was present on behalf of the
4 Defendant Tosco Refining Company.
5
6
7
8

SABRINA AXT, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, California 94612, appeared on
behalf of the Defendants A&A Mechanical Contractors,
9 Incorporated; Fluor Corporation; and Raymond Interior
Systems-North.

ZACH LEWIS (by telephone), Dal Soglio &
Martens, 2250 East Imperial Highway, Suite 200, El
Segundo, California 90245, was present on behalf of the
Defendant Aerojet General Corporation.

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

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

Page 239

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

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

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

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

JOSHUA D. WHITE, Yaron & Associates, 601
California Street, 2ist Floor, San Francisco,
California 94108, appeared on behaif of the Defendant
Todd Shipyards Corporation.

Page 240

NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge, }
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behaif of the Defendants
D. Zelinsky & Sons, Incorporated; ITT Industries,
Incorporated; Metalciad Insulation Corporation; and
Rudolph & Sletten, Incorporated.

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

ALBERT THUESEN (by telephone}, Jackson &
Wallace, 55 Francisco Street, Suite 600, San Francisco,
California 94113, was present on behalf of the
Defendants Colgate-Palmolive Company; and Goodloe E.
Moore.

ANJALI NAGPAL, Lewis, Brisbois, Bisgaard &
Smith, One Sansome Street, 14th Floor, San Francisco,
California 94104, appeared on behalf of the Defendant
Plant Insulation Company.

Aiken & Welch Court Reporters

3 (Pages 237 to 240)

R. Ross, Vol. IT 2/21/08Page 241

Page 243

Aiken & Welch Court Reporters

1 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 & Bell LLP, 330 North Wabash, Chicago,
3 94111, appeared on behalf of the Defendant Swinerton 3 INinois 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 Califomia 94111, was present-on behalf of the 8 Francisco, California 94111, appeared on behalf of the
9 Defendants O.C. McDonald & Co.; and Cooper Brothers. 9 Defendants Cleaver-Brooks, Incorporated; Oscar E.
10 10 Erickson, Incorporated; and The Henry Company.
i. JEFF MINNERY (by telephone), Gibson, Dunn & 1.
12 Crutcher, One Montgomery Street, Post Montgomery 12 KRISTLK. 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 Califomia 94901, appeared on behalf of the Defendants
21 Meiswinkel, Incorporated; C.F. 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 . 23
24 24
25 _t 25
Page 242 Page 244
1 CHRISTINE TORESON, Perkins Coie, 180 Townsend} 1 ROBERT ROSS,
2 Street, Third Floor, San Francisco, California 94107, 2 previously sworm as a witness,
3 appeared on behalf of the Defendants Honeywell 3 testified as follows:
4 International, Incorporated; and Georgia-Pacific 4 MR. SOLOMON: Good morning. This is Eric
5 Corporation. 5 Solomon. Last night, or this moming, it came to my
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 I had one year for the '75, one
9 Floor, San Francisco, California 94105, was present on 3 for the year '76 and one for the year '79. I gave
20 behalf of the Defendant PG&E. 10 those to Early and I think she is already making
a. 11 arrangements to get a couple of copies made. I'm not
42 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, Califomia 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 jj
23 23 people want them. I'm not sure if he has other i"

logbooks. But at this time that's all I could find.
‘e prod.

4 (Pages 241 to 244)

R. Ross, Vol. II 2/21/08Page 301

Page 303

Q. Is that it?

ber at this time.

Aiken & Welch Court Reporters

1 A. Yes, ma'am. 1 Q. [understand that Western Asbestos had the
2 Q. Do you know what -- for what purpose the masks | 2 piping contract.
3 were provided to you? 3 A. Yes, ma'am.
4 MR. SOLOMON: Well, objection. That seeks the | 4 Q. And were there any other insulators, insulating
5 witness to speculate. Lacks foundation of personal 5 contractors at this site other than Western Asbestos?
6 knowledge. 6 A. Yes, ma'am.
7 Go ahead, sir. 7 Q. What other insulating contractors were at this
8 MS. RASMUSSEN: I'll strike the question. 8 site?
3 BY MS. RASMUSSEN: 9 MR. SOLOMON: Objection. The question ignores}
10 Q. Were you ever told for what purpose the masks | 10 his prior testimony, so it's harassing and oppressive.
11. were provided to you? 1 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.
25 Q. Why did you wear a mask? 15 correct?
16 A. I personally wore a mask because asbestos and 16 A. Yes, ma'am.
17 fiberglass made me cough. So, J 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? ai 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. [can't remember at this time.
25 Q. Did you ever attend any union meetings where 25 Q. What was the size of the Western Asbestos crew
Page 302 Page 304
1 the use of masks was discussed? 1 at this jobsite?
2 A. No, ma'am. 2 A. It varied. I'd say anywhere from 10 to 40 men.
3 Q. Did you ever receive any materials from your 3 MS. NAGPAL: Thank you, sir.
4 union regarding the use of paper masks or other types 4 ‘That's all I have.
5 of respiratory equipment? 5 MR. SOLOMON: Anybody else in the room or shall
6 A. No, ma’am, 6 we go to the phone?
7 MS. RASMUSSEN: Follow-up on the PG&E Pittsburg} 7 EXAMINATION BY MS. FOSTER LOVAS:
8 site? 8 Q. You had mentioned some information at the site.
9 MS. NAGPAL: Good morning -- 9 A. Yes, ma'am. .
10 MS. LEAHY: I have -- ie Q. Is it true that John Hoyt, Roger Fonken and
11 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 I ask you or would you
15 We'll do follow-up in the room first. 15 be- :
16 EXAMINATION BY MS. NAGPAL: 16 MR. SOLOMON: You can ask me anything you want. f
17 Q. Sir, what insulating products were you using at 1? 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? ig MS. FOSTER LOVAS: Well, do you choose to
20 A. Johns-Manville. 20 respond? .
21 Q. Anything else? 21 MR. SOLOMON: I could tell you that Roger
22 A. We used metal, the mastics that I mentioned. 22 Fonken is our client, John Hoyt, I don't know if he's
23° Eagle-Picher mud. 23 alive. He was our client. If he’s alive, he's our

client, Eddie Story is dead. Jack Kish is dead. Who
else am I being asked about?

{Pages 301 to 304)

19
R. Ross, Vol. II 2/21/08Page 505

1 time.

2 Q. And--

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

6 MR. SHIN: That's fine.

7 MR. SOLOMON; Can we go off the record?

8 MS. NAGPAL: Yes.

9 MR. SOLOMON: Resume tomorrow morning at 9:00
10 (Whereupon, the deposition was adjourned

qa at 2:50 p.m.)

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

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 took place;
Wy 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

19
20
2t
23
EARLY K. LANGLEY, CSR No. 3537
24 State of California

|
|
|

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

Page 1684
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
ee 006 —

ROBERT ROSS,

Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

DEPOSITION OF ROBERT ROSS
VOLUME VIII

(Pages 1684 to 262)

Taken before SANDRA M. LEE

CSR No. 997]

December 16, 2008Aiken & Welch Court Reporters

Page 1685 Page 1687h
1 INDEX i JAMES V. WEIXEL, Armstrong & Associates, One.
2 PAGE 2 Kaiser Plaza, Suite 625, Oakland, California 94612,
3 EXAMINATION BY MR. SANDGREN 1697] 3 telephonically appeared on behalf of the Defendant
4 EXAMINATION BY MS. WILLIAMS 1723 | 4 Products Company.
5 EXAMINATION BY MS. LEE er 5
6 EXAMINATION BY MS. SCOTT 17. . wo Bay.
7 EXAMINATION BY MR. HENRY 1736 6 MYLES B. SOLOMON, Basti, Martini, Eatin & Blum,
3 EXAMINATION BY MR. HATCH 1747 ? 3S] California Street, Suite 200, San Francisco,
9 EXAMINATION BY MR. MARTENS 1753 | 8 California 94104, appeared on behalf of the Defendants
10 EXAMINATION BY MR. WEEXEL 1760 9 Kaiser Gypsum Company, Inc.; Malm Metal Products, Inc.
211 EXAMINATION BY MS. MOLANDER. 1770] 10 ‘
12. EXAMINATION BY MR. WHITE 1771 1. CORY M. MARTIN, Becherer, Kannett & Schweitzer,
13 EXAMINATION BY MR. JONES 1784 | 12 2200 Powell Street, Suite 805, Emeryville, California
SN TON By we Raney BD og 13 94608, appeared on behalf of the Defendants Dillingham |
16 EXAMINATION BY MS. TORESON 1851 : ; Construction, N.A., Inc.; Johnson Controls, Inc.
17. EXAMINATION BY MS. SCOTT 1882 .
18 EXAMINATION BY MS. MOLANDER 1916,1@ JOHN W. HATCH, Bishop, Barry, Howe, Haney &
19 EXAMINATION BY MS. LEE 1917 17 Ryder, 2000 Powell Street, Suite 1425, Emeryville,
20 EXAMINATION BY MR. JONES 1933 18 California 94608, appeared on behalf of the Defendant
2. 19 Rudolph & Sletten, Inc,
22 + 20 ‘
03 EXHIBITS 21 LISA M. RICKENBACHER, Brydon, Hugo & Parker, 135
. 22 Main Street, 20th Floor, San Francisco, California
og CP RENDANTS PAGE 23 94105, telephonically appeared on behalf of the
E Document entitled "Exhibit A” 171 24 Defendants Foster Wheeler LLC; Fireman's Fund Insurance
25 25 Company; Perini Corporation, i
Page 1686 Page 1688
a DEPOSITION OF ROBERT ROSS 1 ANNA F. MOLANDER, Bullivant, Houser & Bailey,
2 2 1415 L Street, Suite 1000, Sacramento, California 95814,
3 BE IT REMEMBERED, that pursuant to Notice, and 3 telephonically appeared on behalf of the Defendant H
4 on the 16th day of December 2008, commencing at the hour] 4 Louisiana Pacific Corporation.
5 of 9:02 a.m., in the offices of Aiken & Welch, Inc., One 5
6 Kaiser Plaza, Suite 505, Oakland, California, before me, 6 FRANCESCA C. SVARCAS, Burnham Brown, 1901
7 SANDRA M. LEE, a Certified Shorthand Reporter, 7 Harrison Street, 11th Floor, Oakland, California 94612, fj
8 personally appeared ROBERT ROSS, produced as a witness} 8 appeared on behalf of the Defendants Golden Gate
9 in said action, and being by me first duly sworn, was 9 Drywall, Inc.; F.W. Spencer & Son, Inc.; Enterprise
10 thereupon examined as a witness in said cause. 10 Plumbing, Inc. .
1i iE
12 ---000--- 12 DREXWELL M. JONES, Buty & Curliano, 555 12th
13 13 Street, Suite 1280, Oakland, California 94607, appeared
14 14 on behalf of the Defendants Harold Beasley Plumbing &
15 ERIC C. SOLOMON, Brayton Purcell, 222 Rush 15 Heating, Inc.; S.J. Amoroso.
16 Landing Road, Novato, California 94948, appeared on 16
17 behalf of the Plaintiff. 17 STEPHEN V. HARRINGTON, Clapp, Moroney,
18 18 Bellagamba & Vucinich, 1111 Bayhill Drive, Suite 300, |
19 CHRISTINE L. TORESON, Archer Norris, 2033 N. 19 San Bruno, California 94066, appeared on behalf ofthe ff
20 Main Street, Suite 800, Walnut Creek, California 94596, 20 Defendants Contra Costa Electric and Dynalectric i
21 appeared on behalf of the Defendants Anderson, Rowe & 21 Company.
22 Buckley, Inc.; Cahill Contractors, Inc.; Frank Bonetti 22 .
23 Plumbing, Inc. 23 l
24 24 f
25 25 i
2 (Pages 1685 to 1688)

Robert Ross 12/16/2008Page 1689 Page 1694
1 CELESTE M. SCOTT, Cooley, Manion, Jones, Hake & | 1 TODD M., THACKER, Jackson & Wallace, 55 Francisco
2 Karowski, 201 Spear Street, Suite 1800, San Francisco, 2 Street, Suite 600, San Francisco, Califomia 94133,
3 California 94105, appeared on behalf of the Defendant 3 telephonically appeared on behalf of the Defendants
4 A.W. Chesterton Company. 4 Colgate-Palmolive Company; Goodloe E. Moore, Inc.
5 5
6 DANIEL L. MARTENS, Dal Soglio & Martens, 2250 6 STACEY K. LEE, K&L Gates, LLP, Four Embarcadero
7 East Imperial Highway, Suite 200, El Segundo, Califomia 7 Center, Suite 1200, San Francisco, Califomia 94111,
8 90245, telephonically appeared on behalf of the 8 appeared on behalf of the Defendant Crane Co,
9° Defendant Aerojet-General Corporation. 9
10 10 MONICA D. WILLIAMS, Lewis, Brisbois, Bisgaard &
1 MICHAEL P. PULLIAM, Drinker, Biddle & Reath LLP,| 11 Smith, One Sansome Street, Suite 1400, San Francisco,
12 50 Fremont Street, 20th Floor, San Francisco, California 12 California 94104, appeared on behalf of the Defendant
13 94105-2235, telephonically appeared on behalf of the 13. Plani Insulation Company.
14 Defendant Monsanto. 14
15 15 MICHAEL E. SANDGREN, Low, Ball & Lynch, 505
16 AMBER L. KELLY, Filice, Brown, Eassa & McLeod, | 16 Montgomery Street, 7th Floor, San Francisco, Califomia
17 1999 Harrison Street, 18th Floor, Oakland, California 17° 94111, appeared on behalf of the Defendants Cooper
18 94612, appeared on behalf of the Defendants Tosco Oil 18 Brothers, Inc.; O.C. McDonald Company, Inc.
19 Refining Company and Conoco Phillips Company. 19
20 20 CORY M. MARTIN, Manatt, Phelps & Phillips, One
21 JANELL M. ALBERTO, Foley & Mansfield, 1111 21 Embarcadero Center, 30th Floor, San Francisco,
22 Broadway, 10th Floor, Oakland, California 94607, 22 California 94411, appeared on behalf of the Defendant
23 appeared on behalf of the Defendants Raymond Interior 23 Westbume Supply, Inc.
24 Systems-North and Fluor Corporation. 24
25 ° 25
Page 1690 Page 1692
1 MARY H. PAK, Foley & Mansfield, 111} Broadway, a NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge
2 10th Floor, Oakland, California 94607, appeared on 2 101 California Street, 41st Floor, San Francisco,
3 behalf of the Defendants D.W. Nicholson Corporation and 3 California 94111, appeared on behalf of the Defendants
4 A&A Mechanical Contractors, Inc. 4D. Zelinsky & Sons, Inc.; Metalciad Insulation
5 5 Corporation.
6 JASON B. STAVERS, Gibson, Dunn & Crutcher, LLP, 6
7 555 Mission Street, Suite 3000, San Francisco, 7 LAURA A. SMITH, Parton Sell, 750 Lindaro Street,
8 California 94105-2933, telephonically appeared on behalf 8 Suite 140, San Rafael, California 94901, appeared on.
3 of the Defendant Genentech, Inc, 3 behalf of the Defendant Swinerton Builders.
410 10
i. ROBERT B. CLEVENGER, Gordon & Rees, 275 Battery] 11 ” CHRISTINE L. TORESON, Perkins Coie LLP, Four
12 Street, 20th Floor, San Francisco, Califomia 94111, 12 Embarcadero Center, Suite 2400, San Francisco,
13 appeared on behalf of the Defendant Rosendahl 13 California 94111, appeared on behalf of the Defendants
14 Corporation. 14 Georgia-Pacific Corporation and Honeywell Intemational,
15 15 Ine.
26 MARIA I. ZEYREK, Haight, Brown & Bonesteel, 71 16
17 Stevenson Street, 20th Floor, San Francisca, California 17 JENN N. CRITTONDON, Pond North, LLP, 505
18 94105-2981, telephonically appeared on behalf of the 18 Montgomery Street, 13th Floor, San Francisco, Califomia
19 Defendant Robert Shaw Controls Company. 19 94111-2585, appeared on behalf of the Defendant
20 20 Temporary Plant Cleaners, Inc,
ai FABIAN D. HENRY, Hassard Bonnington LLP, Two 21
22 Embarcadero Center, Suite 1800, San Francisco, 22
23 California 94111, appeared on behalf of the Defendants 23
Sequoia Ventures, Inc.; Honeywell Intemational, Inc.

3 (Pages 1689 to 1692)
Aiken Welch Court Reporters Robert Ross 12/16/2008Page 1693

Page 1695

1 CELESTE M. SCOTT, Prindle, Decker & Amaro, 369 a ROBERT J. BUGATTO, Vasquez, Estrada & Dumont,
2 Pine Street, Suite 800, San Francisco, California’94104, 2 Courthouse Square, 1000 Fourth Street; Suite 700, San
3 appeared on behalf of the Defendants W.L. Hickey Sons, 3 Rafael, California 94901, appeared on behalf of the
4 Ine.; Trane US, Inc.; Consolidation Insulation, Inc.; 4 Defendants FDDC California, Inc.; Lamons Gasket Company;
5 Frederick Meiswinkel, Inc.; ITT Corporation; Triple A 5 Scott Company of California; Monterey Mechanical
6 Machine Shop, Inc.; University Mechanical Engineering 6 Company.
7 Contractors. 7
8 8 DANIEL G. CORTRIGHT, Walsworth, Franklin, Bevins
3 DANA A. BLANTON, Reed Smith LLP, 1999 Harrison) 9 & McCall, 601 Montgomery Street, 9th Floor, San
10 Street, Suite 2400, Oakland, California 94612, 10 Francisco, California 94111, appeared on behalf of the
11 telephonically appeared on behalf of the Defendant Bank 41 Defendants Oscar E. Erickson, Inc.; Henry Company. «
12 of the West. 12
13 13 KRISTI L. OKUMOTO, Walsworth, Frankiin, Bevins &
14 NEIL C. LUDMAN, Schiff Hardin, One Market, Spear | 14 McCall, 601 Montgomery Street, 9th Floor, San Francisco,
15 Tower, 32nd Floor, San Francisco, California 94105, 15 California 94311, appeared on behalf of the Defendants
16 telephonically appeared on behalf of the Defendant 16 Pierce Enterprise; Hamilton Materials, Inc.;
17 Owens-Illinois, Inc. 17 Cleaver-Brooks, Inc.
is 18
19 LORI M. GONG, Sedgwick, Detert, Moran & Amold, | 19 DANIEL A. HEGWER, Wilson, Elser, Moskowitz,
20 One Market Plaza, Steuart Tower, 8th Floor, San 20 Edelman & Dicker, 525 Market Street, {7th Floor, San
21 Francisco, California 94105, appeared on behalf of the 21 Francisco, California 94105-2725, appéared on behalf of
22 Defendant Pacific Gas and Electric Company. 22 the Defendant F.P. Lathrop Constraction Company. ~».
23 + 23 2
24 24
25 25
Page 1694 Page 1696
1 ALLISON B. SUROWITZ, Selman Breitman, LLP, 33] 2 JOSHUA D. WHITE, Yaron & Associates, 601
2 New Montgomery Street, 6th Floor, San Francisco, 2  Califomia Street, 21st Floor, San Francisco, California
3 California 94105, appeared on behalf of the Defendants 3 94108, appeared on behalf of the Defendant Todd
4 Atlas Heating & Ventilating Company; Douglass Insulation | 4 Shipyards Corporation.
5 Company, Inc.; L.J. Kruse. 5
6 6
7 ERIN S. MCGAHEY, Sinunu Bruni, LLP, 333 Pine 7
8 Street, Suite 400, San Francisco, California 94104, 8
3 appeared on behalf of the Defendants Cal-Steam Supply 9
10 Company; Valley Sheet Metal Company; Rosendin Electric, | 10
11° Ine. ii
12 12
13 MICHAEL E. SANDGREN, Stevens, Drummond & 13
14 Gifford, 1910 Olympic Boulevard, Suite 250, Walnut 14
15 Creek, California 94596, appeared on behalf of the is
16 Defendant Kelly-Moore Paint Company. 16
17 17
18 KELLY WALLER, Swanson, Martin, & Bell, LLP 330} 18
12 North Wabash,