Party Discovery: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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ATTORNEYS AT LAW
222 RUSH LANDING ROAD
P.O BOX 6169
NOVATO, CALIFORNIA 94948-6169
(435) 898-1555

BRAYTON@PURCELL LLP
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ALAN R. BRAYTON, ESQ., S.B. #73685
ANNE T. ACUNA, ESQ., S'B. #245369

BRAYTON$PURCELL LLP ELECTRONICALLY
ttommeys at Law FILED
25 Rush gfading Road Superior Court of California,
Novato, California 94948-6169 County of San Francisco
(415) 898-1555 APR 15 2013
Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com Clerk of the Court
BY: VANESSA WU
Attomeys for Plaintiffs Deputy Clerk
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’ EX PARTE

) APPLICATION FOR AN ORDER
C.C. MOORE & CO. ENGINEERS; } SHORTENING THE TIME TO HEAR AND
Defendants as Reflected on Exhibit 1 3 BRIEF PLAINTIFFS’ MOTION TO
attached to the Summary Complaint COMPEL THE DEPOSITION OF
herein; and DOES 1-8500. ) DEFENDANT CAHILL CONTRACTORS,

INC.’S PERSON MOST QUALIFIED AND
CUSTODIAN OF RECORDS AND
PRODUCTION OF DOCUMENTS;
MOTION FOR SANCTIONS

Date: Tuesday, April 16, 2013
Time: 11:00 a.m.

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

Action Filed: December 17, 2010

1, Anne T. Acufia, declare:

1. Iam an attorney 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 for plaintiffs herein. 1
have personal knowledge of the facts set forth herein and if called upon to testify, could and
would competently do so.
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DECLARATION OF ANNE T. ACUNA IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR AN ORDER | SHORTENING
BS AME. TO HEAR AND BRIEF PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT CAH!

RACTORS, INC.’§ PERSON MOST QUALIFIED AND CUSTODIAN OF RECORDS AND PRODUCTION OF BOCUME: NTS;
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2. This is a personal injury case involving ROBERT ROSS’s work at various
construction sites where CAHILL CONTRACTORS, INC., has been identified or where
plaintiffs have reason to believe CAHILL performed work in Mr. ROSS’s presence.

3. On January 4, 2013, plaintiffs timely served on CAHILL CONTRACTORS, INC., a
Notice of Taking Deposition and Request for Production of Documents. The deposition was
noticed for January 25, 2013. Attached as Exhibit A is a true and correct copy of the Notice.

4. On January 17, 2013, defendant served its written objections to the Notice and
indicated that no witness will be produced on January 25, 2013. Attached as Exhibit B is a true
and correct copy CAHILL’s objections.

5. On February 11, 2013, counsel for CAHILL, Cesar Alvarado, notified plaintiffs that
defendant was in the process of obtaining deposition dates. Attached as Exhibit C is a true and
correct copy of the emails exchanged between plaintiffs and defendant.

6. On February 21 and again on March 14, 2013, in accordance with C.C.P. § 2025.450
(b) (2), in a good-faith effort to meet and confer, 1 followed up with Mr. Alvarado requesting
dates for CAHILL’s PMQ and COR’s deposition. On March 14, Mr. ‘Alvarado represented that
he will provide dates as soon as possible. Attached as Exhibit C is a true and correct copy of the
emails exchanged between plaintiffs and defendant.

7. Since the March 14, 2013 email, neither Mr. Alvarado nor anyone representing
CAHILL has provided any dates for deposition or communicated in any way why it cannot
produce a witness for deposition pursuant to plaintiffs’ Notice,

8. To give defendant CAHILL time to respond to plaintiffs’ request, plaintiffs did not
attempt to file the underlying motion until April 10,2013. On April 10, plaintiffs were unable to
reach the Court clerk in order to obtain available dates for the hearing, On April 11, plaintiffs
were told that the earliest available hearing date to comply with the full notice period was
May 14, 2013. Plaintiffs went ahead and filed the motion on April 11, with the hearing date set
for May 14, 2013. Discovery in this matter closes on May 10, 2013. As such, plaintiffs request
that the underlying motion be heard on shortened time. Plaintiffs request that the underlying
motion be heard on April 25, 2013 or April 30, 2013. Plaintiffs are willing to waive their reply.
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CONTRACTORS, INC'S PERSON MOST QUALIFIED AND CUSTODIAN OF RECORDS AND PRODUCTION OF DOCUMENTS;
MOTION FOR SANCTIONSCO OM WY DAW B&B WY wv

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9. Attached as Exhibit D is a true and correct copy of plaintiffs’ notice to defendant of
plaintiffs’ intent to appear ex parte on this matter, which was sent via facsimile before 10:00 a.m,
of Monday, April 15, 2013. At this time, plaintiffs have not been informed that anyone intends
to oppose plaintiffs’ application.

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

foregoing is true and correct.
Executed Aped 15, 2013 2043, at San Ramon , California.

BY FAX

LAATIATALEx Paste Applications OST MTC CAMILL in Ros (920eel ATA mi depo Gast. t.wpd ATA
DECLARATION OF ANNE T. ACUNA IN SUPPORT OF PLAINTIFFS” EX PARTE APPLICATION FOR AN ORDER SHORTENING
THE TIME TO HEAR AND BRIEF PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION OF DEFENDANT CAHILL,
CONTRACTORS, INC."§ PERSON MOST QUALIFIED AND CUSTODIAN OF RECORDS AND PRODUCTION OF DOCUMENTS;
MOTION FOR SANCTIONSEXHIBIT ABRAYTONOPURCELL LLP

ATTORNEYS AT LAW

222 RUSH LANDING ROAD

P.O BOX 6159
NOVATO. CALIFORNIA 94958-6169

(GUS) 898-1555

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ALAN R. BRAYTON, ESQ,, S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
ANNE T. ACUNA, ESQ., S.B. #245369
BRAYTON%PURCELL LLP

Attorneys at Law

222 Rush Landing Road

P.O. Box 6159

Novato, California 94948-6169

(415) 898-1555

Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO
ROBERT ROSS and JEAN ROSS, ASBESTOS
No. CGC-10-275731
Plaintiffs,
NOTICE OF TAKING DEPOSITION OF
vs. DEFENDANT CAHILL CONTRACTORS,
: INC.’S PERSON(S) MOST QUALIFIED
C.C. MOORE & CO. ENGINEERS; AND CUSTODIAN(S) OF RECORDS,
Defendants as Reflected on Exhibit 1 AND REQUEST FOR PRODUCTION "OF
attached to the Summary Complaint DOCUMENTS
herein; and DOES 1-8500.

CCP. 2025.010, 2025,220, 2025.230,
020.010 et seq., 2020.510}

. todian(s) of Records:
January 25, 2013, at 10:00 a.m.

Pe nialified:

January 25, Seis at 1:00 p.m.
TO EACH PARTY AND TO EACH ATTORNEY OF RECORD IN THIS ACTION:

PLEASE TAKE NOTICE that on January 25, 2013, at the court reporting offices of

Aiken & Welch, 180 Montgomery Street, Suite 1520, San Francisco, California, plaintiffs will
take the deposition(s) of defendant CAHILL CONTRACTORS, INC., who shall designate and
produce 2 Person(s) Most Qualified ("PMQ") and Custodian(s) of Records (“COR”) regarding.
the matters set forth in this Notice of Deposition. The deposition(s) will be recorded
stenographically. The taking of the deposition may be adjourned from day to day until ~
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information requested.

YOU ARE NOTIFIED that on January 25, 2013, at 10:00 a.m:, at the court reporting
offices of Aiken & Welch, 180 Montgomery Street, Suite 1520, San Francisco, California, or
some other mutually-convenient location as agreed to by the parties, plaintiffs will take the
deposition of the Custodian(s) of Records presently employed by CAHILL CONTRACTORS,
INC. , who is/are most qualified and most knowledgeable about the matters set forth in this
Notice of Deposition. including, but not limited to, the authenticity of the decuments described
herein.

YOU ARE FURTHER NOTIFIED that on January 25,2013, at 1:00 p.m., at the court
reporting offices of Aiken & Welch, 180 Montgomery Street, Suite 1520, San Francisco,
California, or some other mutually-convenient location as agreed to by the parties, plaintiffs
will take the deposition of the Person(s) Most Qualified presently employed by CAHILL
CONTRACTORS, INC., who is/are most qualified and most knowledgeable with respect to
matters set forth in this Notice of Deposition. California Code of Civil Procedure § 2025.230
mandates that a defendant “designate and produce" the officers, directors, managing agents,
employees, or agents "most qualified” to testify on its behalf as to knowledge of the matters set
forth in this Notice of Deposition, including, but not limited to, the authenticity of the
documents described herein. The person(s) so designated by defendant must testify “to the
extent of any information known or reasonably available to CAHILL CONTRACTORS, INC.

YOU ARE FURTHER NOTIFIED that plaintiffs hereby request that the Custodian(s) of
Records and Person(s) Most Qualified regarding CAHILL CONTRACTORS, INC. bring to
said depositions for inspection and copying by Brayton*-Purcell LLP the original documents
and things described in the Notice of Deposition. This Notice to Produce specifically embraces,
in addition to documents within the possession, custody, or control of said defendant, any and
all documents within the possession, custody, or control of their agents, representatives or
attorneys. This Notice to Produce also embraces originals, identical copies if the original is

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unavailable, all nonidentical copies (whether different from the original because of notes made
on such copies or otherwise) and other documents described herein.
DEF IN

1, “YOU” and “YOUR” refer to CAHILL CONTRACTORS, INC, its agents,
employees, officers, board of directors, successors-in-interest, predecessors-in-interest, alternate
entities, subsidiaries, acquisitions and any alternative names

2. “PREMISES” refers to all buildings, out-buildings, structures, factories, warehouses,
storcrooms, boilers, boiler rooms, maintenance rooms, mechanical spaces, offices, loading
docks, maintenance facilities, shipping and receiving areas, machine shops, pipes and piping
systems, laboratories, yards, and al] appurtenances thereto, including all equipment and systerns
at the jobsites and/or location(s) listed in the attached “Exhibit A.”

3. “WRITINGS” and/or “DOCUMENTS” mean, without limitation, the following
items, whether printed, recorded, reproduced by any other mechanical process, or written or
produced by hand: any records, contracts, agreements, work orders, change orders, purchase
orders, communications, correspondence, telegrams, memoranda, summaries of records of
telephone conversations, summaries of records of personal conversations or interviews, diaries,
graphs, reports, notebooks, note charts, blueprints, building plans, plans, architectural drawings,
specifications, as-built drawings, illustrations, sketches, photographs, maps, minutes,
summaries, material safety data sheets, records, or reports of meetings or conferences,
summaries or reports of investigations or negotiations, opinions or reports of consultants,
written analysis reports, tape recordings, motion picture film, brochures, pamphlets,
advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on
any document, tags, signs, warnings, transcripts, bills, invoices, orders, shipping orders,
shipping forms, shipping reports, log books, market surveys, inventories, papers, diagrams,
statements or testimony of any nature, documents, treatises, theses, books or accounting, and
any and all other writings, as that term is defined by California Evidence Code, Section 250,

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4. “PERSON” and “PERSONS” include a natural PERSON, firm, association,
organization, contractor, subcontractor, premise owner, parmership, business, trust, corporation
or public entity.

5. “PERTAINING TO" shall mean regarding, relating to, referring to, referencing,
reflecting, concerning, discussing, evidencing, supporting, identifying or describing.

6. “REMOVE," “REMOVED” and “REMOVAL” shall mean to take out, tear out,
“ee detach, extract, disturb, dispose of or discard.

: . "ASBESTOS" means asbestos fiber of any type or grade, including but not limited to
chrysotile, amosite, crocidolite, anthophyllite and tremolite, as well as processed raw asbestos
fiber, and/or talc and vermiculite. ,

8. “ASBESTOS-CONTAINING PRODUCTS” (“ACP”) means any and all products,
supplies, materials or equipment which YOU or YOUR counsel know or believe to have
contained any amount of ASBESTOS at any time, including, but not limited to: asbestos fiber of
any type or grade, gaskets, valve packing, asbestos board, asbestos cloth, asbestos blankets, :
asbestos rope, asbestos felt, asbestos gloves or protective clothing, welding blankets, protective
jackets, thermal insulation, pipe covering, asbestos block, block insulation, insulating cement,
asbestos cement, refractory, asbestos phenolic resin, joint compound, taping compound, topping
compound, finishing compound, bedding compound, all purpose compounds, wall and ceiling
textures, texture sprays, plaster, stucco, firewall, fireproofing, acoustical ceiling materials,
wallboard, drywall, asbestos paper, asbestos panels, asbestos tape, flooring materials, tiles,
transite board, powders and transite/asbestos cement materials, asbestos fillers, vermiculite, and
any materials used in wallboard construction and to finish wails and ceilings, all asbestos-
containing joint system products and/or similar asbestos-containing products.

9. “ASBESTOS-CONTAINING EQUIPMENT” (“ACE”) shall mean any portable,
installed or permanent fixture, tool, jig, machine, vehicle, equipment and heavy equipment,
and/or components, replacement parts or supplies for same, including but not limited to: boilers,
turbines, compressors, motors, pumps, pump assemblies, burners, furnaces, kilns, ovens,

conveyors, tubing, switches, valves, contro] valves, regulators, boiler economizers, heat

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exchangers, or any equipment or apparatus and/or components thereto which YOU or YOUR
counse! knows or believes to contain or include any amount or percentage of the mineral
ASBESTOS in whole or in mixture with other products or materiais.

10. “USE” and “USED” mean to package, load, ship, receive, unpackage, unload,
install, apply, utilize, handle, manipulate, repair, remove, and/or incorporate, by any method or
manner. :

11, “IDENTIFY” and “IDENTIFYING” when used with respect to ACP or ACE shal!
mean to describe by size, shape, color, manufacturer's name, brand name, name of the entity
which supplied YOU with the ACP or ACE, or other IDENTIFYING characteristics; when used
with reference to a PERSON shall mean to describe by name, last known telephone number and
last city and state of residence; when used with respect to a location shall mean to provide the
address, or to describe the place where the thing is situated; when used with respect to a thing
shall mean to provide the name, brand or generic name; when used in teference to a
DOCUMENT shall mean to provide the title, author, addressee, date, and content thereof.

12. “CONTRACTORS” means those hired for pay and responsible for providing
material, labor, equipment and services necessary for the construction of a project, and includes
general contractors, subcontractors, independent contractors and all other contractors.

13. “RELEVANT TIME PERIOD" refers to the period(s) of time fisted in the attached
“Exhibit A” indicating plaintiffs’ work history at the specified jobsites and/or locations.

14, “EXPOSURE” means the inhalation or ingestion of ASBESTOS fiber by a person.

Unless a word is explicitly defined above, the word shall be interpreted using its plain,

ordinary and literal meaning.
DOCUMENTS TO BE PRODUCED

Custodian(s) of Records:
Category No. 1: All DOCUMENTS PERTAINING TO YOUR document retention policy for

each year of YOUR existence from the date of your inception to present.
Category No. 2: All WRITINGS PERTAINING TO YOUR corporate history and structure,

including the identities of any and all of YOUR predecessors-in-interest.

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Category No. 3: All WRITINGS in YOUR possession or control PERTAINING TO or
IDENTIFYING any ASBESTOS, ACP and/or ACE at the PREMISES during the RELEVANT
TIME PERIOD.

Category No, 4: AH WRITINGS PERTAINING TO or IDENTIFYING the brand names, trade
names, manufacturers and/or suppliers of any ASBESTOS, ACP and/or ACE that YOU
delivered to, installed, USED, repaired, removed and/or abated from the PREMISES during the
RELEVANT TIME PERIOD,

Category No. §: All contracts, invoices, memoranda, correspondence, reports, orders,
instruction, agreements or other WRITINGS between YOU and any employee, representative,
owner, operator or agent of the PREMISES PERTAINING TO ASBESTOS, ACP and/or ACE
in any way, during the RELEVANT TIME PERIOD.

Category No. 6: All WRITINGS PERTAINING TO or IDENTIFYING any and all architect(s),
engineer(s), premises owners/operators and/or CONTRACTORS at the PREMISES during the
RELEVANT TIME PERIOD. :
Category No.7: All WRITINGS IDENTIFYING or PERTAINING TO any and all
CONTRACTORS that YOU hired to performed construction work with or for YOU at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 8: All contracts, invoices, memoranda, correspondence, reports, orders,
instruction, agreements or other WRITINGS between YOU and any and all other
CONTRACTORS PERTAINING TO the USE of ASBESTOS, ACP and/or ACE at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD. /
Category No. 9: All DOCUMENTS PERTAINING TO any work performed by YOU or YOUR
employees at the PREMISES prior to and/or during the RELEVANT TIME PERIOD.
Category No. 10: All WRITINGS IDENTIFYING the specific areas, departments, building :
rooms and/or equipment at the PREMISES that YOU and/or YOUR employees performed work
on during the RELEVANT TIME PERIOD.

‘Category No. 11: All WRITINGS IDENTIFYING YOUR employees who performed work at
the PREMISES prior to and/or during the RELEVANT TIME PERIOD,

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Category No. 12: All WRITINGS PERTAINING TO and/or IDENTIFYING YOUR logos,
symbols, trademarks, or other identifying marks that YOU USED in the course of business
and/or performing work during the RELEVANT TIME PERIOD.

Category No. 13: All WRITINGS PERTAINING TO YOUR logos, symbols, trademarks, or
other identifying marks visible on YOUR and/or YOUR employees’ work-related vehicles,
clothing, gang boxes, work shacks/jobsite offices, equipment, tools, hard hats and/or too! boxes

during the RELEVANT TIME PERIOD.

Category No. 14: All correspondence, orders, purchase orders, contracts, invoices, accounts

receivable ledgers, memoranda, reports, shipment reports and/or other DOCUMENTS
PERTAINING TO YOUR purchase, acquisition, sale and/or supply of ASBESTOS, ACP and/or
ACE for USE at the PREMISES prior to and/or during the RELEVANT TIME PERIOD.
Category No. 15: All WRITINGS PERTAINING TO or IDENTIFYING any ASBESTOS, ACP
and/or ACE that YOU or YOUR employees handled, USED, installed, disturbed or removed at
the PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 16: All DOCUMENTS PERTAINING TO the USE or disturbance of
ASBESTOS, ACP and/or ACE at the PREMISES by any other entity, including but not limited
to other named defendants in this action, during the RELEVANT TIME PERIOD.

Category No. 17; All WRITINGS PERTAINING TO or IDENTIFYING the PERSONS
responsible for scheduling, direction, supervision, safety requirements, inspection and/or
acceptance of work performed at the PREMISES which in any way involved ASBESTOS, ACP
and/or ACE during the RELEVANT TIME PERIOD.

Category No. 18: All WRITINGS PERTAINING TO YOUR supervision, management, ,
direction and/or exercise of control over any construction projects and/or construction work
performed at the PREMISES, including but not limited to, jobsite security, jobsite safety, jobsite
cleanup and/or debris removal, during the RELEVANT TIME PERIOD.

Category No. 19: All DOCUMENTS IDENTIFYING the person(s) who held contractor’s
license(s) for YOUR benefit during the RELEVANT TIME PERIOD.

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Category No. 20: All DOCUMENTS IDENTIFYING the contractor’s license(s) by type,
number and date of issuance, that YOU operated under during the RELEVANT TIME
PERIOD. : :

Category No. 21: All DOCUMENTS PERTAINING TO any and all education and training
completed by YOU and/or YOUR officers and/or employees in order to fulfill the requirements
to maintain the, contractor license(s) under which YOU operated during the RELEVANT TIME
PERIOD. /

Category No. 22: All DOCUMENTS IDENTIFYING the professional and/or trade
organizations to which YOU subscribed, belonged and/or were a member of prior to and/or
during the RELEVANT TIME PERIOD.

Category No, 23: All WRITINGS PERTAINING TO the date on which YOU first became
aware that.there were health risks associated with exposure to ASBESTOS, ACP and/or ACE.
Category No. 24: All DOCUMENTS PERTAINING TO YOUR specification and/or request
for non-ASBESTOS containing products, equipment and tools to be USED at the PREMISES
during the RELEVANT TIME PERIOD.

Category No. 25: All DOCUMENTS PERTAINING TO any and all methods, practices and/or
procedures YOU used to IDENTIFY materials as ASBESTOS, ACP and/or ACE during the
RELEVANT TIME PERIOD for each jobsite listed in Exhibit A.
Category No. 26: All DOCUMENTS PERTAINING TO any alleged lack of knowledge that
YOU had PERTAINING TO the inclusion of ASBESTOS as an ingredient in the ACP and/or
ACE present and/or USED at the PREMISES during the RELEVANT TIME PERIOD,
Category No. 27: All DOCUMENTS PERTAINING TO each and every safety meeting YOU
held and/or participated in at the PREMISES during the RELEVANT TIME PERIOD.
Category No, 28: All WRITINGS regarding any and ail information YOU had prior to and/or
during the RELEVANT TIME PERIOD PERTAINING TO ASBESTOS, ACP and/or ACE.
Category No. 29: All correspondence, invoices, orders, statements, change orders, proposals,
bids, and other WRITINGS between YOU and other CONTRACTORS at the PREMISES
during the RELEVANT TIME PERIOD PERTAINING TO ASBESTOS, ACP and/or ACE.

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Category No. 30: All correspondence, invoices, orders, statements, change orders, proposals,
bids, and other WRITINGS PERTAINING TO and/or IDENTIFYING the materials, products
and/or equipment on the PREMISES that YOU were unaware contained ASBESTOS during the
RELEVANT TIME PERIOD. .
Category No, 31: All WRITINGS IDENTIFYING the PERSON(S) and/or CONTRACTOR(S)
who purchased, supplied, ordered or provided ASBESTOS, ACP and/or ACE to the PREMISES
prior to and/or during the RELEVANT TIME PERIOD.

Category No. 32: All WRITINGS PERTAINING TO YOUR instruction, direction,
specification and/or requirement that CONTRACTOR(S) provide and/or supply their own
equipment, tools and materials for USE at the PREMISES prior to and/or during the
RELEVANT TIME PERIOD,

Category No. 33: All WRITINGS PERTAINING TO YOUR knowledge of
CONTRACTOR(S) providing their own equipment, tools and materials for USE at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 34: All WRITINGS PERTAINING TO and/or IDENTIFYING any and all

‘equipment, tools, products or other materials that YOU provided or supplied for USE at the

PREMISES prior to and/or during the RELEVANT TIME PERIOD that contained ASBESTOS.
Category No. 35: All WRITINGS PERTAINING TO any and all specifications for the
materials, equipment and/or tools that YOU issued to other CONTRACTOR(S) at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 36: All WRITINGS YOU provided to other CONTRACTOR(S) IDENTIFYING
and/or PERTAINING TO the work that YOU hired the CONTRACTOR(S) to perform on the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 37: All WRITINGS PERTAINING TO YOUR internal policies relating to
YOUR control of the PREMISES during construction projects and safeguards put in place to
prevent EXPOSURE to ASBESTOS during the RELEVANT TIME PERIOD.

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Category No. 38: All DOCUMENTS PERTAINING TO protocol YOU directed be used in the
handling, installation, USE, removal, clean up and/or disposal of ASBESTOS, ACP and/or ACE
at the PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 39: All DOCUMENTS PERTAINING TO any and ail citations issue to YOU for
infractions related to the handling, removal and/or disposal of ACP or ACE prior to or during
the RELEVANT TIME PERIOD.

Category No. 40: All DOCUMENTS PERTAINING TO the release of airbome ASBESTOS
fibers from YOUR handling, disturbance, removal and/or disposal of any ACP or ACE at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD. .

Category No. 41; All DOCUMENTS PERTAINING TO each and every Affirmative Defense
asserted in YOUR Answer filed in the above-captioned case,

Category No. 42: All DOCUMENTS PERTAINING TO YOUR knowledge of the 1972
Occupational Safety and Health Administration Standard for Exposure to Asbestos Dust,
California General Industry Safety Orders, National Emission Standards for Hazardous Air
Pollutants, Bay Area Air Quality Management District Regulation 1! Rule 2 and California
Department of Industrial Relations “Dust, Fumes, Vapors and Gases” Safety Orders.

Category No. 43: All DOCUMENTS evidencing YOUR compliance with OSHA regulations,
Califomia Labor Code and Federal EPA regulations regarding the occupational exposure to dust
and asbestos, the abatement of asbestos, and air pollution from activities during construction,
remodel, renovation and/or ASBESTOS abatement work performed at the PREMISES prior to
and/or during the RELEVANT TIME PERIOD.

Category No. 44: All DOCUMENTS PERTAINING TO all safety manuals, bulletins, or
directives addressing issues of safcty in the workplace, maintained or published by YOU during
the RELEVANT TIME PERIOD.

Category No. 45: All DOCUMENTS PERTAINING TO YOUR policy regarding the protection
of the health and safety of YOUR employees and the health and safety of others around whom
YOU performed work,

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The Custodian(s) of Records will also be required to testify to all facts concerning the
writings listed above, including but not limited to the circumstances of the creation of the
writings, their chain of custody, place of storage, and to other matters.

The deponent(s) will be deposed as to any information the deponent(s) has/have
pertinent to the subject matter of the action including, but not limited to plaintiff ROBERT
ROSS’s exposure to ASBESTOS, ACP and/or ACE.

Additionally, the deponent(s) will be required to answer questions concerning the
DOCUMENTS produced at the deposition, including questions regarding the authenticity of
such DOCUMENTS.

INFORMATION SQUGHT
Person(s) Most Knowledgeable: :
Category No, i: All information PERTAINING TO YOUR document retention policy for each
year of YOUR existence from the date of your inception to present.
Category No. 2: All information PERTAINING TO YOUR corporate history and structure,
including the identities of any and all of YOUR predecessors-in-interest.
Category No. 3: All information in YOUR possession or control PERTAINING TO or
IDENTIFYING any ASBESTOS, ACP and/or ACE at the PREMISES during the RELEVANT
TIME PERIOD.
Catégory No. 4: All information PERTAINING TO or IDENTIFYING the brand names, trade
names, manufacturers and/or suppliers of any ASBESTOS, ACP and/or ACE that YOU
delivered to, installed, USED, repaired, removed and/or abated from the PREMISES during the
RELEVANT TIME PERIOD. ‘
Category No. 5: All contracts, invoices, memoranda, correspondence, reports, orders,
instruction, agreements or other information between YOU and any employee, representative,
owner, operator or agent of the PREMISES PERTAINING TO ASBESTOS, ACP and/or ACE
in any way, during the RELEVANT TIME PERIOD. ‘
Me
W

KX Atnjured\19349\corpmk\CAHILL depo CABILT.wpd il ATA2S oO a Aw F wWoN

Category No. 6: All information PERTAINING TO or IDENTIFYING any and all architect(s),
engineer(s), premises owners/operators and/or CONTRACTORS at the PREMISES during the
RELEVANT TIME PERIOD.

Category No, 7: All information IDENTIFYING or PERTAINING TO any and all
CONTRACTORS that YOU hired to performed construction work with or for YOU at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 8: All contracts, invoices, memoranda, correspondence, reports, orders,
instruction, agreements or other information between YOU and any and all other
CONTRACTORS PERTAINING TO the USE of ASBESTOS, ACP and/or ACE at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No.9: All information PERTAINING TO any work performed by YOU or YOUR
employees at the PREMISES prior to and/or during the RELEVANT TIME PERIOD.
Category No. 10: All information IDENTIFYING the specific areas, departments, building
rooms and/or equipment at the PREMISES that YOU and/or YOUR employces performed work
on during the RELEVANT TIME PERIOD.

Category No. 11: All information IDENTIFYING YOUR employees who performed work at
the PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No, 12: All information PERTAINING TO and/or IDENTIFYING YOUR logos,
symbols, trademarks, or other identifying marks that YOU USED in the course of business
and/or performing work during the RELEVANT TIME PERIOD,

Category No, 13: All information PERTAINING TO YOUR logos, symbols, trademarks, or
other identifying marks visible on YOUR and/or YOUR employees’ work-related vehicles,
clothing, gang boxes, work shacks/jobsite offices, equipment, tools, hard hats and/or tool boxes
during the RELEVANT TIME PERIOD.

Cateeory No. 14: All correspondence, orders, purchase orders, contracts, invoices, accounts
receivable ledgers, memoranda, reports, shipment reports and/or other information
PERTAINING TO YOUR purchase, acquisition, sale and/or supply of ASBESTOS, ACP and/or
ACE for USE at the PREMISES prior to and/or during the RELEVANT TIME PERIOD.

XAlnfuredn19349\corpmiACAHILLdepo CAHILL wpd > 12 ATAOo eo Ya DH Bw NN.

PM RNR BNR RMD ee ew ee
ont A BW & WN BD 6 wa DA Wh BW NY =

Category No. 15: All information PERTAINING TO or IDENTIFYING any ASBESTOS, ACP
and/or ACE that YOU or YOUR employces handled, USED, installed, disturbed or removed at
the PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 16: All information PERTAINING TO the USE or disturbance of ASBESTOS,
ACP and/or ACE at the PREMISES by any other entity, including but not limited to other
named defendants in this action, during the RELEVANT TIME PERIOD.

Category No. 17: All information PERTAINING TO or IDENTIFYING the PERSONS
responsible for scheduling, direction, supervision, safety requirements, inspection and/or
acceptance of work performed at the PREMISES which in any way involved ASBESTOS, ACP
and/or ACE during the RELEVANT TIME PERIOD.

Category No. 18: All information PERTAINING TO YOUR supervision, management,
direction and/or exercise of control over any construction projects and/or construction work
performed at the PREMISES, including but not limited to, jobsite security, jobsite safety, jobsite
cleanup and/or debris removal, during the RELEVANT TIME PERIOD.

Category No. 19: All information IDENTIFYING the person(s) who held contractor’s license(s)
for YOUR benefit during the RELEVANT TIME PERIOD.

Category No. 20: All information IDENTIFYING the contractor’s license(s) by type, number
and date of issuance, that YOU operated under during the RELEVANT TIME PERIOD.
Category No, 21; All information PERTAINING TO any and all education and training
completed by YOU and/or YOUR officers and/or employees in order to fulfill the requirements
to maintain the contractor license(s) under which YOU operated during the RELEVANT TIME
PERIOD. ;

Category No. 22: All information IDENTIFYING the professional and/or trade organizations to
which YOU subscribed, belonged and/or were a member of prior to and/or during the
RELEVANT TIME PERIOD. :

Category No. 23: All information PERTAINING TO the date on which YOU first became
aware that there were health risks associated with exposure to ASBESTOS, ACP and/or ACE.
MW

KMnjured\39349\curpmk\ CAHILL epo-CAHILL wpd 13 ATA2 @ WY DH HW Bw N

10

Category No. 24: All information PERTAINING TO YOUR specification and/or request for *
non-ASBESTOS containing products, equipment and tools to be USED at the PREMISES
during the RELEVANT TIME PERIOD.

Category No. 25: All information PERTAINING TO any and all methods, practices and/or
procedures YOU used to IDENTIFY materials as ASBESTOS, ACP and/or ACE during the
RELEVANT TIME PERIOD for each jobsite listed in Exhibit A.

Category No. 26: All information PERTAINING TO any alleged lack of knowledge that YOU
had PERTAINING TO the iriclusion of ASBESTOS as an ingredient in the ACP and/or ACE
present and/or USED at the PREMISES during the RELEVANT TIME PERIOD.

Category No. 27: All information PERTAINING TO each and every safety meeting YOU held
and/or participated in at the PREMISES during the RELEVANT TIME PERIOD.

Category No. 28: All information regarding any and all information YOU had prior to and/or
during the RELEVANT TIME PERIOD PERTAINING TO ASBESTOS, ACP and/or ACE.
Category No. 29: All information, including but not limited to correspondence, invoices,
orders, statements, change orders, proposals, bids, between YOU and other CONTRACTORS at
the PREMISES during the RELEVANT TIME PERIOD PERTAINING TO ASBESTOS, ACP
and/or ACE.

Category No. 30: All correspondence, invoices, orders, statements, change orders, proposals,
bids, and other information PERTAINING TO and/or IDENTIFYING the ‘materials, products
and/or equipment on the PREMISES that YOU were unaware contained ASBESTOS during the
RELEVANT TIME PERIOD.

Category No. 31: All information IDENTIFYING the PERSON(S) and/or CONTRACTOR(S)
who purchased, supplied, ordered or provided ASBESTOS, ACP and/or ACE to the PREMISES
prior to and/or during the RELEVANT TIME PERIOD.

Category No. 32: All information PERTAINING TO YOUR instruction, direction,
specification and/or requirement that CONTRACTOR(S) provide and/or supply their own
equipment, tools and materials for USE at the PREMISES prior to and/or during the
RELEVANT TIME PERIOD.

KMajurcd\t 9349 \corpmk\CAHILL depo-CABILL wed 14, ATAOo mem YD DR Hm ww

Category No. 33: All information PERTAINING TO YOUR knowledge of
CONTRACTOR(S) providing their own equipment, tools and materials for USE at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 34: All information PERTAINING TO and/or IDENTIFYING any and all
equipment, tools, products or other materials that YOU provided or supplied for USE at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD that contained ASBESTOS.
Category No. 35: All information PERTAINING TO any and all specifications for the
materials, equipment and/or tools that YOU issued to other CONTRACTOR(S) at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 36: All information YOU provided to other CONTRACTOR(S) IDENTIFYING
and/or PERTAINING TO the work that YOU hired the CONTRACTOR(S) to perform on the
PREMISES prior to and/or during the RELEVANT TIME PERIOD. ,
Category No. 37: All information PERTAINING TO YOUR intemal policies relating to YOUR
control of the PREMISES during construction projects and safeguards put in place to prevent
EXPOSURE to ASBESTOS during the RELEVANT TIME PERIOD. :

Category No. 38: All information PERTAINING TO protoce! YOU directed be used in the
handling, installation, USE, removal, clean up and/or disposal of ASBESTOS, ACP and/or ACE
at the PREMISES prior to and/or during the RELEVANT TIME PERIOD.

Category No. 39: All information PERTAINING TO any and all citations issue to YOU for
infractions related to the handling, removal and/or disposal of ACP or ACE prior to or during
the RELEVANT TIME PERIOD.

Category No. 40: All information PERTAINING TO any actions YOU took to prevent
PERSONS at the PREMISES from EXPOSURE to ASBESTOS during the RELEVANT TIME
PERIOD.

Category No. 41: All information PERTAINING TO the release of airborne ASBESTOS fibers
from YOUR handling, disturbance, removal and/or disposal of any ACP or ACE at the
PREMISES prior to and/or during the RELEVANT TIME PERIOD.

ul

KNlnjured\19349\corpmx\CAIBLLWepe- CAI L wpd 45 ataoO OW a AA BR BW NY

GS Pp = Ss

14

Category No. 42; All information PERTAINING TO each and every Affirmative Defense
asserted in YOUR Answer filed in the above-captioned case,

Category No. 43: All information PERTAINING TO YOUR knowledge of the 1972
Occupational Safety and Health Administration Standard for Exposure to Asbestos Dust,
California General Industry Safety Orders, National Emission Standards for Hazardous Air
Pollutants, Bay Area Air Quality Management District Regulation 11 Rule 2 and California
Department of Industrial Relations “Dust, Fumes, Vapors and Gases” Safety Orders.

Category No. 44: All information evidencing YOUR compliance with OSHA regulations,
California Labor Code and Federal EPA regulations regarding the occupational exposure to dust
and asbestos, the abatement of asbestos, and air pollution from activities during construction,
remodel, renovation and/or ASBESTOS abatement work performed at the PREMISES prior to
and/or during the RELEVANT TIME PERIOD.

Category No. 45: All information PERTAINING TO all safety manuals, bulletins, or directives
addressing issues of safety in the workplace, maintained or published by YOU during the
RELEVANT TIME PERIOD.

Category No. 46: All information PERTAINING TO YOUR policy regarding the protection of
the health and safety of YOUR employees and the health and safety of others around whom
YOU performed work.

The witness(es) will be required to testify regarding his/her knowledge of facts and other
matters related to the above matters and in particular, but not limited to, plaintiff ROBERT
ROSS's exposure to ASBESTOS, ACP and/or ACE, the witness's knowledge regarding the
hazards of ASBESTOS and all matters referenced herein above.

PLEASE TAKE FURTHER NOTICE that each party noticed herein is advised to _
confirm the calendaring of deposition(s) by calling the Brayton%Purcell LLP Hotline at (415)
899-1011, extension 165, after 4:00 p.m. the day immediately preceding the noticed date(s).
Dated: 1/43 BRAYTON*PURCELL LLP

By: /s/ Anne T, Acufia

AnneT. Acufia
Attorneys for Plaintiffs

XAlnjumwih19349\carpmk\CAHILLMepo-CANILL.wpd 16 ATAoO OB WN AR WN

ROS © 6S

15

EXHBITA

Robert Ross and Jean Ross v_C.C. Moore & Co Engineers, et al.

Employer

Philip Carey
Cincinnati, OH

OAC&S Insulation
P.O. Box 1268
Lancaster, PA

Consolidated Insulation

517-D Marine View Ave,

Belmont, CA

Consolidated Insulation

517-D Marine View Ave.

Belmont, CA

Consolidated Insulation

517-D Marine View Ave.

Belmont, CA

Consolidated Insulation

517-D Marine View Ave.

Belmont, CA

Consolidated Insulation

517-D Marine View Ave.

Belmont, CA

Consolidated Insulation

517-D Marine View Ave.

Belmont, CA
Consolidated Insulation

517-D Marine View Ave.

Belmont, CA.

Consolidated Insulation

517-D Marine View Ave. |

Belmont, CA

Consolidated Insulation

517-D Marine View Ave.

Belmont, CA

M

KAlnjured\19349\corpmkiCAHILLidepo- CAHILL gid

Location

Jack Tar Hotel

(aka Cathedral Hill Hotel)
1101 Van Ness

San Francisco, CA

AEC-Lawrence Livermore
Laboratory .
Livermore, CA

Mount Zion Hospital &
Medical Center
San Francisco, CA

San Francisco General
Hospital —
San Francisco, CA

University of California
Berkeley, CA

San Francisco _
International Airport
San Francisco, CA

Langley Porter Clinic
San Francisco, CA

Civic Center Auditorium
San Francisco, CA

California Pacific Medicat
Center

San Francisco, CA
(California Street)’

Children’s Hospital
Oakland, CA

City Administration
Building

Cutting Boulevard
Richmond, CA

17

Dates
1959-1960

1960-1962

1967-1972
1/1967-3/1972
1967-1972; 1977-1981
1967-1972

1967-1972

1967-1972

1967-1972

1967-1972

1967-1972

ATACo emo a NH FF YN

NON YM ON RON NN ND Re
oe aa DW BR ON ws FSO we YD DAHA PR Bw BH SG

Employer

Plant Insulation
2271 California Street
San Francisco, CA

Douglass Insulation
3990 Ralston Avenue
Hillsborough, CA

Consolidated Insulation

517-D Marine View Ave.

Belmont, CA

Consolidated Insulation

517-D Marine View Ave,

Belmont, CA
Consolidated Insulation

517-D Marine View Ave,

Belmont, CA

KAlnjured\19349\cor~pmk\CAHILLdepo-CAHILL.wpd

Location

Queen of the Valley
Hospital
Napa, CA

Tapuna Honda Hospital
and Rehabilitation Center
San Francisco, CA

Embarcadero Center #3
San Francisco, CA

505 Sansome St.
San Francisco, CA

UCSF Medical Center
Parnassus Street
San Francisco, CA

18

Dates

1973-1977

1977

1978

1979

1980

ATABRAYTONSPURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

X 6169

PO

YRNTA 92948-6169

81555

x
6
g
=
=
$
z

PROOF OF SERVICE BY LEXIS-NEXIS E-SERVICE

1am employed in the County of Marin, State of California. Lam over the age of 18 years
and am not a party fo the within action. My business address i is 222 Rush Landing oad, P.O.
Box 6169, ee pall 94948-6169.

On | 3 , lelectronically served (E- Service), pursuant to General
Order No. 1 _£ 2 lowing jocumments:

NOTICE OF TAKING DEPOSITION OF DEFENDANT CAHILL CONTRACTORS,
INC.'S PERSON) MOST QUALIFIED AND CUSTODIAN(S) OF RECORDS, AND
REQUEST FOR P| DUCTION OF DOCUMENTS

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

SEE ATTACHED SERVICE LIST

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

Executed on ol oe i 13 at Novato, California.

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

N

Yerdeetdh

Angela AjPorterfield U

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

PROOF OF SERVICE BY B-SERVICEDate Created: 1/4/2013-12:05:16 AM

Braytoa-Purcell Service List

Created. by: LitSupport - ServiceList ~ Reporting

Matter Number:

Adams Nye Becht LLP

222 Kearny Street, Seventh Floor
San Francisco, CA

415-982-8955 a5 32 S042 (fax)

_ Defendants:

Pribuss Engineering, Inc. (PRIBUS)

Becherer, Kannett & Schweitzer
‘Water Tower
1255 Powell Street
eryville, CA 94608-2604

510-658-3600 510-658-1151 (fax)
Defendants:

CSK Auto, Inc. ( {CSKAUT)

Johnson Controls, Inc. GOHCON)

Bishop, Barry, Drath
Watergate Tower IIT
2000 Powell Street, ute 1425

Emennille, CA 3460
510-596-0888 510-596-0899 {fax)
Defendants:

Foley Electric Co, (FOLELE)

Buty & Curtiana
555-12 Suet, Suite 1280
Oakland, CA 9461
$10-267-3000 510-267-0117 (fax)
Defendants:
Critchfield Mechanical, Inc. (CRIMEC)
Harold Beasley Plumbing and Heating, Inc.
(BEASLY)
$.J, Amorasa Construction Co., Inc.
(AMOCON)

Foley & Mansfield PLLP
300 akeside Drive, Suite 1900
Oakland, CA 94612
$10-390-9500 510-590-9595 (fax)
Defendants:
Acco Engineered Systems, Inc.
(ACCHEA
D.W. Nicholson Cor corporation (OWNICH)
Fluor Corporation (FLUOR)
Lone Star Industries, Inc. (UNSTR)
Raymond Interior Systems-North
(RAYISN)
Van-Mulder Sheet Metal, Inc. (VANMSM)

19349,00¢ - Robert Ross

Archer Norris
P.O. Box 8035
2033 N, Main Street, Suite 800
Walnut Creek, CA 94596
925-930-6600 925-930-6620 (fax)
Defendants:
Albay Construction ompany, (apa
Cahill Construction Co. ‘AHILC)
Cahill Construction Services, Ine.

caries)
Cahill Contractors, Inc. eSpELE
Cupertino Electric, Inc. (CUPELE)

Bennett, Samuctsen, Reynolds & Allard
1301 Marina Village Parkway
Suite 300
‘Alameda, CA 94501-1084
S1O-444-7EBB 510-444-5849 (ox)
Defen

Stekey Brothers, Inc, (SLAKEY)

Brydon Hugo & Parker
135 Main Street, 20" Boor
San Francisco, CA 94105
415-808-0300 415-808-0333 (fax)
Defendants:
A. Teichert & Son, Inc. (ATEICI
Bayer Cropscience Inc.
Domco Products Texas, L.P. (DO!
Perini Corporation (PERCOR)
Rountree Plumbing & Heating inc.
(RNTPLUL)
Swinerton Builders (SWINBU)

CO)

Cosley Manion Jones, LLP
201 Spear Street
Suite 1806

San Erancisco, C.
415-512-4381 ae 313-6791 (fax}
Defendants:

Temporary Plant Cleaners, Inc. (TEMPLA)

Glaspy & Glasp;
One Walnut Cree Center
100 Pringle Avenue, Suite 750
Walnut Creek, CA
925-947-1300  925- oT 721594 (fax)
Defendants:

Fairmont Hotet Company (FAIRH)

Run By ; Hawkins, Julia

Bassi, Edlin, Huie & Blum LLP
500 Washington Street
Suite 700
San Francisco, CA 9411
415-397-9006 415-397- ‘i339 (fox)
Defendants:
Balliet Bros. Construction Corporation
{BALBRO)
LT. Thorpe & Son, Inc. (THORPE)
Malm Metal Products, Inc. (MALMSM)

Berry & Ber
P.O. Box 16071
2930 Lakeshore Avenue
Oakland, CA 94616
$10-835-8330 510-835-5117 (fax)
Defendants:
Berry & Berry (B&B)

Burnham Brown
1901 Harison Street, 14° Floor
Oakland, CA 94612
$10-444:6800 $10-835-6666 (fax)
Defendants:

California Drywall Co. (CALDRY)

Drinker Biddle & Reath LLP
50 Fremont Strect, 20° Floor
San Francisco, CA 94105-2235
415-591-7500 415-591-7510 (fax)
Defendants:

Pharmacia Corporation, which will do
business in California as Pharmacia
Pharmaceutical Corporation (PHARCA)

Gordon & Rees LLP
Shari Weintraub, Esq.
107 West Broad, 16" Floor
San Dice Diczo, C
Setendants
Marshco Auto Parts, Inc. (MARAP})Date Created:

1/4/2013-12:05:16 AM

Brayton-Purcell Service List

Created by: LitSupport - ServiceList - Reporting
Matter Number: 19349.004 - Robert Roas

Gordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000 |
San Francisca, CA 94111
415-986-5900 415-986-8054 (fax)
Defendants:
Goodyear Tire & Rubber Company, The
{GOODYR)

Imai, Tadlock, Keeney & Cordery, LLP
100 Bush Strect, Suite 1300
San Francisco, CA 94104
415-675-7000 445-1 1 7008 (fax)
Defendants:
Clausen-Paten, ins. (CLSNPT)
Commair Mechanical Services
(COMMAR)
Henry C. Beck Company (HCBECK)
Webcor Builders, Inc. (WEBCOR)

Melnerney & Dillon, P.C.
1999 Harrison Street, Suite 1700
Oakland, CA 94612
510-465-7300 $10-465-8556 (fax)
Defendants:
Allied Fire Protection (ALLFIR)

Selman Breitman LLP
33 New Montgomery
6" Floor
San Francisca, CA 941
SS iolad00! 

Sent: Thursday, January 17,2013 9:51 AM

To: Angela A Porterfield; Depo Depo

Subject: Fwd: Case: 27573 1; Transaction: 48989751 - Notification of Serv
1ce

Attachments: OCORPMK la.pdf ,

jiw

>>> "LexisNexis File & Serve"  1/17/2013 9:43 AM

>>>

To:Brayton Purcell Counsel

From:File & ServeXpress

Subject:Service of Documents in Ross vs Asbestos Defendants (Brayton)

You are being served documents that have been electronically submitted in
Ross vs Asbestos

Defendants (Brayton) through File & ServeXpress. The details for this transa
ction are listed below,

Court:CA Superior Court County of San Francisco
Case Name:Ross vs Asbestos Defendants (Brayton)
Case Number:275731

Transaction ID:4898975 1

Document Title(s):

Objection to Plaintiffs' Notice of Taking Deposition (19 pages)
Authorized Date/Time:Jan 17 2013 9: 37AM PST
Authorizer:Eugene C Blackard

Authorizer's Organization:Archer Norris-Walnut Creek
Sending Parties:

Cahill Contractors Inc

Served Parties:

Ross, Robert B

You may view the documents in the following ways:

- Online at https://fileandserve.lexisnexis.com/Login/Login.aspx?F1=489897
$1 (subscriber login

required),

- Call Archer Norris-Walnut Creek to request a copy of the documents.

Thank you for using File & ServeXpress.Questions? For prompt, courteous assistance please contact File & ServeXp

ress Customer Service by
phone at 1-888-529-7587 (24/7).

This email message is for the sole use of the intended recipient(s) and may c

ontain confidential and

privileged information. If you have received this e-mail in error, any disclosu
re, copying, distribution, or

use of this communication is prohibited and we request that you contact us by

reply email or call us at
415-898-1555, and then destroy all copies of our original message and any a

ttachments.EXHIBIT C[ (42/2013) Anne Acuna - Re: Robert and Jean Ross v. C.C. Moore & Co. TO Page 1

From: "Alvarado, Cesar’ 

To: Anne Acuna 

Date: 3/14/2013 10:29 AM

Subject: Re: Robert and Jean Ross v. C.C. Moore & Co. Engineers, et al. SFSC Case No. 10-
275731

Yes. My apologies. | wifi get you dates as soon as possible for the Depo, We are going through a
transition and it has delayed the process.

On Mar 14, 2013, at 7:47 AM, “Anne Acuna”
> wrote:

Cesar, We're getting ready to file a motion to compel but | just wanted to see if we can work this out
informally one fast time.

Anne
>>> Anne Acuna 2/21/2013 4:38 PM >>>
Hi Cesar,

Any updates as to deposition dates?
Anne

>>> Josh Travers 2/41/2013 9:19 AM >>>
Good morning Cesar,

Thank you for your note. | will let forward your message to Anne Acuna, who noticed the deposition of
Cahill’s PMI in this matter. ‘

Best, Josh
>>> "Alvarado, Cesar” > 2/11/2013

9:15 AM >>>

Sorry for delay in response. The extension of time proposed is fine.

Please also note that | got a fetter from your office regarding the deposition of our PMK. "We ar