Exhibit,Appendix: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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28

BRYDON
Huco & PARKER
135 MAIN STREET
‘208 ELOCR
‘San Francisco, CA 94105

Edward R. Hugo [Bar No. 124839]
P.M. Bessette [Bar No. 127588]
Josette D. Johnson [Bar No. 195977]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, CA 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

Email: service@bhplaw.com

Attorneys for Defendant
SWINERTON BUILDERS

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 25 2013

Clerk of the Court
BY: CAROL BALISTRERI
Deputy Clerk

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS,

Plaintiffs,
vs.

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

Defendants.

(ASBESTOS)
Case No. CGC-10-275731

EXHIBITS B THROUGH G TO THE
DECLARATION OF JOSETTE D.
JOHNSON IN SUPPORT OF
SWINERTON BUILDERS MOTION FOR
SUMMARY JUDGMENT

[Filed Concurrently With Notice of Motion;
Memorandum of Points and Authorities;
Separate Statement; Request for Judicial
Notice; Declaration of Josette D. Johnson]

Date: May 9, 2013

Time: 9:30 a.m.

Dept: 503

Judge: Hon. Teri L. Jackson
Complaint Filed: | December 17, 2010
Trial Date: June 10, 2013

1

EXHIBITS B THROUGH G TO THE DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF
SWINERTON BUILDERS MOTION FOR SUMMARY JUDGMENTEXHIBIT Bcw-19

“REFER GRP ARTY WITHOUTATIORMEY are, Salo Bar wmone ae ne

: rex caumaroee
San B Bespion, (Sete Bar # S.B, #73685)
pe Rush Landing Road
lovato, 948
‘euspirone we: (45) 898-1555 axstd itottonea: (415) 898-1247 ELECTRONICALLY
cutscorute near FILED
ArroRNeY FoR tonst: Plaintiff, ROBERT B. ROSS, etal. ‘Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, CouNTY oF San Francisco County of San Francisco
creer ones 400 McAllister Street NOV 20 2012
sonore
crvmezrcooe San Francisco 94102 ay. WL TRUS
BRANCH RAE: Deputy Clery

PLAINTIFFPETIIONSR: ROBERT B. ROSS, et al.
DEFENCANTIRESPONDENT: C.C. MOORE & CO, ENGINEERS, et al.
REQUEST FOR DISMISSAL
(2) Personat Injury, Property Damage, or Wrongful Death
E] Metor Vehicie Other
[Family Law {[_,] Eminent Boman €GC10-275731
[22] other (specify) : Asbestos
~ A conformed copy will not be returned by the clerk unless a method of return Is provided with the document. -

1.70 THE CLERK Please dismiss this ection as follows:
2.(1) Ec] With prejudice (2) EXC} Without preludice
Comptant 2) [| Pettton
‘Cross-complaint fied by (name): 0 (date):
(4} [7] Cross-comptaint filed by (name): ‘on (date):
(©) Entire action of al partes and all causes of action
(@)LZ] Other (qneciyy False Representation and Punitive Damages only, as to defendant SWINERTON BUILDERS
onl

y.
2. (Complete in all cases except famnfy law cases.)
1 court fees and costs were waived for 4 party in this case, (This information may be obtained trom the clerk. iFthis box fs
checked, the declaration on to back of tis fora must be completed).

Date: October 31, 2012
cee we : for Alan R.Brayton

Alan R, Brayton, fee
carroaney [__] PARTY WETHOUT ATTORNEY) (siGwatuney

cream ener
einer esate atewrdesiayasiean Moves ret aos stoma

SS fiancee oonpaiiobe dnmessed [2G] PraintitePetiionsr — []_DefendantRespondent
[5 cross-Compiainant
3. TO THE CLERK: Consontto the above distaissat is hereby given.**

Date: >
mecon ne Newer 20] acromner] | parry wmsoTarroney) | TBONATURE
“Y-g prsconplat apc (Fa La} sek ara -Attomay of party without alomey for
a se, Mica by Code HL Sosdin scan B6" (5) Praittpetioner — [E] DefendantiRespondent
oo Cross-Complaingnt
{To be competed by clerk)
4, [_] Dismissal entered as requested on (date):
3 [_] Dismissal entered on (date): as to only ¢rame}:

6, Ea] Dismissal not entered as requested for the following reasons (spocttyl:

7. a, 7) Attomey or party without attomey notified on (date):
b. [Eo] Atomey or pary without atiomey net aottied, Fling perty flied to provide
[Ja copy to be conformod [] means fo roturn conformed copy

Date: Clerk, by. + Deputy
Paget
lyre caratafcataaka REQUEST FOR DISMISSAL or Coin soles etl wea

Sen pasty “caballo
ee a exteNexis® Automated California ude Coanel BorsCIV-110

PLAINTIFF/PETITIONER: ROBERT B. ROSS, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: C.C. MOORE & CO. ENGINEERS, et al. CGC-10-275731

Declaration Concerning Waived Court Fees

fhe court has a statutory lien for waived fees and costs on any recovery of $10,000 or more in value by
settlement, compromise, arbitration award, mediation settlement, or other recovery. The court's lien must:
ibe paid before the court will dismiss the case.

4. The court waived fees and costs in this action for (name):

2. The person in item 1 (check one):

[_] is not recovering anything of value by this-action.

is recovering less than $70,000 in value by this action.

G is recovering $10,000 or more in value by this action. (if ifem 2c is checked, item 3 must be completed.)

3. All court fees and costs that were waived in this action have been paid to the court (check one): { Yes No

| declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:
(PYPE OR PRINT NAME OF ATTORNEY: PARTY MAKING DECLARATION) (SIGNATURE)
GIAO FR dy 4.2908) REQUEST FOR DISMISSAL Page 20f2

LexisNexis® Automated California Judicial Council FormsEXHIBIT CFit
San Francisca, CA 94105

Edward R. Hugo [Bar No. 124839]
P.M. Bessette [Bar No. 127588]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, California 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

Attorneys for Defendant
SWINERTON BUILDERS

SUPERIOR COURT - STATE OF CALIFORNIA.
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

(ASBESTOS)
ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731
Plaintiff(s), DEFENDANT SWINERTON BUILDERS’
SPECIAL INTERROGATORIES TO
vs. PLAINTIFFS [SET ONE]
C.C. MOORE & CO. ENGINEERS, et al.,
Defendants.

PROPOUNDING PARTY: Defendant SWINERTON BUILDERS
RESPONDING PARTY: Plaintiffs ROBERT ROSS and JEAN ROSS
SET NO.: One (1)

Defendant SWINERTON BUILDERS (hereinafter “SWINERTON”), requests that
plaintiffs ROBERT ROSS and JEAN ROSS (“PLAINTIFFS”) answer under oath within
thirty (30) days, in accordance with California Code of Civil Procedure Section 2030, the
following interrogatories.

In answering these interrogatories, PLAINTIFFS are required to furnish all
information that is available to PLAINTIFFS.

PLAINTIFFS are hereby notified that at the commencement of trial of this case,
SWINERTON will ask the Court for an order precluding PLAINTIFFS from introducing

evidence related to the subject matter of these interrogatories which has not been

1

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIBEFS [SET ONE]om ND

BRYDON
HuGcO & PARKER,

San Francisco, CA 94105

disclosed by the answers to these interrogatories.
: DEFINITIONS

“WRITINGS” shall mean handwriting, typewriting, printing, Photostatting,
photographing, and every other means of recording, upon any tangible thing, any form
of communication or representation, including letters, words, pictures, signs, or symbols,
or combinations thereof.

“YOU” or “YOUR” shall refer to PLAINTIFFS, PLAINTIFFS’ counsel, and any
consultants, experts, investigators, agents or other persons acting on PLAINTIFFS’
behalf.

As used in these interrogatories, the terms “EXPOSURE” or “EXPOSED” shall mean.
Plaintiff ROBERT ROSS’ use, application, installation, disturbarice, removal or touching one
or more products and/or ROBERT ROSS’ presence in an area while others are using,
installing, disturbing or removing one or more products.

“SWINERTON LOCATION” as used here means any location where Plaintiff
ROBERT ROSS claims EXPOSURE to asbestos from SWINERTON.

“JOB DESCRIPTION” as used here means job title, employer’s name,
responsibilities, tasks, and all types of work Plaintiff ROBERT ROSS performed or was
expected to perform on each date, for each location indicated.

“PERSON(S)” as used here means natural person, firm, association, organization,
partnership, business, trust, corporation, joint venture or public entity, their agents,

employees, representatives, or anyone else acting on their behalf.

REPAIR” as used herein means the manipulation, removal, installation, or
disturbing of any insulation materials or products to perform any type of mechanical
work.

“DUST CONTROL PROCEDURE” as used here means any method for reducing
or eliminating the quantity of asbestos particles present in the ambient air, including, but
not limited to, ventilation, wet down methods, etc.

“CONTROL” as used here means to direct, manage, or otherwise supervise.

2

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]Brybon
HuGo & PARKER
135 MADN STREET
20" FLOOR,

San Francisca, CA 94105

SPECIAL INTERROGATORIES

INTERROGATORY NO. 1:

If YOU were EXPOSED to asbestos or asbestos-containing products while present
at any location where YOU claim EXPOSURE from SWINERTON, IDENTIFY the specific
street address, city, state, and zip code for each and every location where YOU claim
EXPOSURE from SWINERTON to asbestos or asbestos-containing products.
INTERROGATORY NO. 2:

Please state each fact upon which YOU rely on to support YOUR contention that
YOU were EXPOSED to asbestos or asbestos-containing product at any SWINERTON
LOCATION.

INTERROGATORY NO. 3:

For each location where YOU claim EXPOSURE from SWINERTON to asbestos or
asbestos-containing products, IDENTIFY each and every date (day, month, year) that
YOU contend that YOU were so EXPOSED.

INTERROGATORY NO. 4:

For each date of alleged EXPOSURE, at any location where YOU claim
EXPOSURE from SWINERTON, please state with specificity the MANNER in which
YOU were EXPOSED to asbestos or asbestos-containing products.

Please describe YOUR JOB DESCRIPTION for each location where YOU claim
EXPOSURE from SWINERTON and IDENTIFY each date (day, month, year) of YOUR
alleged EXPOSURE.

INTERROGATORY NO. 6:

Please IDENTIFY any and all asbestos or asbestos-containing products to which
YOU contend EXPOSURE at each location where YOU claim EXPOSURE from
SWINERTON, for each date that YOU contend EXPOSURE.

“IDENTIFY” means to describe the product by the name under which it is sold in

the market place (trade name), its generic name, or any slang or nickname used in YOUR

3

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFES [SET ONE]Brybon
HuGo & PARKER
135 MAM STREET
20" FLOOR
Su Francisco, CA 94105

occupation.
INTERROGATORY NO. 7:

Please state with specificity the amount or extent of YOUR alleged EXPOSURE to
asbestos or asbestos-containing products at each location where YOU claim EXPOSURE
from SWINERTON, for each date that YOU contend to have been so EXPOSED.

INTERROGATORY NO. 8:

Please state each and every fact upon which YOU rely to support YOUR
determination of the amount or extent of YOUR alleged EXPOSURE to asbestos or
asbestos-containing products at each location where YOU claim EXPOSURE from
SWINERTON, for each date that YOU contend to have been so EXPOSED.

INTERROGATORY NO. 9:

IDENTIFY each PERSON(S) who has knowledge of the amount or extent of
asbestos to which YOU contend EXPOSURE at each location where YOU claim
EXPOSURE from SWINERTON, for each date that YOU contend to have been so
EXPOSED.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number.

INTERROGATORY NO. 10:

IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section
250, that support or otherwise relate to YOUR determination of the amount or extent of
asbestos from SWINERTON to which YOU contend EXPOSURE at each location where
YOU claim EXPOSURE from SWINERTON, for each date that YOU contend to have been
so EXPOSED.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.
iff

4

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]BRYDON

Huao & PARKER
135 MAIN STRECT
™ FLOOR

San Franciseo, CA 94105,

INTERROGATORY NO. 11:

If YOU contend EXPOSURE to asbestos or asbestos-containing products while
present at any location where YOU claim EXPOSURE from SWINERTON, IDENTIFY the
specific street address, city, state, and zip code for each and every SWINERTON
LOCATION.

INTERROGATORY NO. 12:

Please state each fact upon which YOU rely to support YOUR contention that
YOU were EXPOSED to asbestos or asbestos-containing products at any SWINERTON
LOCATION.

INTERROGATORY NO. 13:

For each SWINERTON LOCATION that YOU contend that YOU were EXPOSED
to asbestos or asbestos-containing products, IDENTIFY each and every date (day, month,
year) that YOU contend that YOU were so EXPOSED.

INTERROGATORY NO. 14:

Please state with specificity the MANNER in which YOU were EXPOSED to
asbestos or asbestos-containing products at any SWINERTON LOCATION; for each date
of alleged EXPOSURE, at each SWINERTON LOCATION where YOU contend such
EXPOSURE occurred.

INTERROGATORY NO. 15:

Please describe YOUR JOB DESCRIPTION for each SWINERTON LOCATION.
where YOU allege EXPOSURE to asbestos from SWINERTON, for each date (day,
month, year) of YOUR alleged EXPOSURE.

INTERROGATORY NO. 16:

Please IDENTIFY any and all asbestos or asbestos-containing products to which
YOU contend EXPOSURE at each SWINERTON LOCATION, for each date that YOU
contend EXPOSURE.

“IDENTIFY” means to describe the product by the name under which it is sold in

the market place (trade name), its generic name, or any slang or nickname used in YOUR

5

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]occupation.

INTERROGATORY NO. 17:

Please state with specificity the amount or extent of YOUR alleged EXPOSURE to
asbestos or asbestos-containing products at each SWINERTON LOCATION, for each
date that YOU contend to have been so EXPOSED. :
INTERROGATORY NO. 18:

Please state each and every fact upon which YOU rely to support YOUR

determination of the amount or extent of YOUR alleged EXPOSURE to asbestos or

asbestos-containing products at each SWINERTON LOCATION, for each date that YOU

co Ue NAD HW RYN

contend. to have been so EXPOSED,
1 |} INTERROGATORY NO. 19:
2 IDENTIFY each PERSON(S) who has knowledge of the amount or extent of

13 |) asbestos to which YOU contend YOU were EXPOSED at each location where
4 || SWINERTON was present, for each date that YOU contend to have been so EXPOSED.

15 “IDENTIFY” as used here means to state the full name, current or last known
6 || address, including city, state and zip code, and current or last known home or business
17 |, telephone number.

8 || INTERROGATORY NO. 20:

9 IDENTIFY any and ali WRITINGS, as defined in California Evidence Code Section
20 |) 250, that support or otherwise relate to YOUR determination of the amount or extent of
21 || asbestos from SWINERTON to which YOU contend EXPOSURE at each SWINERTON
22 |} LOCATION, for each date that YOU contend to have been so EXPOSED.

23 “IDENTIFY” as used here means to state the title, author, date, addressee, nature
24 || (letter, memo, audiotape, etc.), content, and present location and custodian of the

25 || WRITING identified.

26 || INTERROGATORY NO. 21:

27 If YOU contend that SWINERTON failed to exercise reasonable care (See BAJI
28 || 8.32) in maintaining, managing, inspecting, surveying or controlling any location where
BRYDON
Huco & PARKER,
en 6

Sun Francisco, CA 94105

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]BRYDON
Huco & PARKER
135 MAIN STREET
20" FLOOR
San Francisco, CA 94105

YOU claim EXPOSURE from SWINERTON to asbestos or asbestos-containing products,
please state all facts upon which YOU rely to support YOUR contention.
INTERROGATORY NO. 22:

Please IDENTIFY all PERSON(S) who have knowledge of the facts that support
YOUR contention that SWINERTON failed to exercise reasonable care (See BAJE 8.32) in
maintaining, managing, inspecting, surveying, or controlling any location where YOU
claim EXPOSURE from SWINERTON.

“IDENTIFY” as used here means to state the full name, current or last known.
address, including city, state and zip code, and current or last known home or business
telephone number.

INTERROGATORY NO, 23:

IDENTIPY any and all WRITINGS, as defined in California Evidence Code Section
250, that support or otherwise relate to YOUR contention that SWINERTON failed to
exercise reasonable care (See BAJI 8.32) in maintaining, managing, inspecting, surveying
or controlling any location where YOU claim EXPOSURE from SWINERTON.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 24:

Please IDENTIFY any SWINERTON employee YOU recall at any location at which
YOU claim exposure from asbestos and indicate what conversations, if any, YOU had
with these SWINERTON employees.

INTERROGATORY NO. 25:

If YOU contend that SWINERTON retained the ability to exercise CONTROL over
YOU or the operative details or means and methods of YOUR work at any SWINERTON
LOCATION, please set forth all facts in support of such contention.

‘if
if

7

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]BRYDON
Huse & PARKER,
135 MAIN STREET
20" FLOOR
‘San Francisco, CA 94105

INTERROGATORY NO. 26:

If YOU contend that SWINERTON retained the ability to exercise CONTROL over
YOU or the operative details or means and methods of YOUR work at any SWINERTON
LOCATION, please identify all witnesses in support of such contention.
INTERROGATORY NO. 27:

If YOU contend that SWINERTON retained the ability to exercise CONTROL over
“YOU or the operative details or means and methods of YOUR work at any SWINERTON
LOCATION, please identify all documents in support of such contention.
INTERROGATORY NO. 28:

If YOU contend that SWINERTON exercised CONTROL over YOU or over the
operative details or means and methods of YOUR work at any SWINERTON
LOCATION, please identify all facts in support of such contention.

INTERROGATORY NO. 29:

If YOU contend that SWINERTON exercised CONTROL over YOU or over the
operative details or means and methods of YOUR work at any SWINERTON
LOCATION, please identify all witnesses in support of such contention.
INTERROGATORY NO. 30:

If YOU contend that SWINERTON exercised CONTROL over YOU or over the
operative details or means and methods of YOUR work at any SWINERTON
LOCATION, please identify all documents in support of such contention.
INTERROGATORY NO. 31:

If YOU contend that SWINERTON exercised CONTROL over YOU or the
operative details or means and methods of YOUR work at any SWINERTON
LOCATION and affirmatively contributed to YOUR injuries, please identify all facts in
support of such contention.

INTERROGATORY NO. 32:

If YOU contend that SWINERTON exercised CONTROL over YOU or the

operative details or means and methods of YOUR work at any SWINERTON

8

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]Sen Francisco, CA 94105

LOCATION and affirmatively contributed to YOUR injuries, please identify all

-witnesses in support of such contention.

INTERROGATORY NO. 33:

If YOU contend that SWINERTON exercised CONTROL over YOU or the
operative details or means and methods of YOUR work at any SWINERTON
LOCATION and affirmatively contributed to YOUR injuries, please identify all

‘documents in support of such contention.

INTERROGATORY NO. 34:

If YOU contend that SWINERTON is liable to YOU for damages based upon a
cause of action for intentional tort, describe each and every fact upon which YOU rely to
support YOUR contention.

INTERROGATORY NO. 35:

Please IDENTIFY all PERSON(S) who have knowledge of the facts that support
YOUR contention that SWINERTON is liable to YOU for damages based upon a cause of
action for intentional tort.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number. :
INTERROGATORY NO. 36:

IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section
250, that support or otherwise relate to YOUR contention that SWINERTON is liable to
YOU for damages based upon a cause of action for intentional tort.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 37:
If YOU contend that SWINERTON is liable to YOU for damages based. upon a

cause of action for false representation, describe each and every fact upon which YOU

9

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIEES [SET ONE]So Oo we IMD

BRYDON
Huco & PARKER
135 MAN STREET
20" FLOOR.

San Francisco, CA 94105

rely to support YOUR contention.
INTERROGATORY NO. 38:

Please IDENTIFY all PERSON(S) who have knowledge of the facts that support
YOUR contention that SWINERTON is liable to YOU for damages based upon a cause of
action for false representation.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number.
INTERROGATORY NO. 39:

IDENTIPY any and all WRITINGS, as defined in California Evidence Code Section

250, that support or otherwise relate to YOUR contention that SWINERTON is liable to
YOU for damages based upon a cause of action for false representation.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 40:

If YOU contend that SWINERTON is liable to YOU for damages based upon a
cause of action for strict liability, describe each and every fact upon which YOU rely to
support YOUR contention.

INTERROGATORY NO. 41:

Please IDENTIFY ail PERSON(S) who have knowledge of the facts that support
YOUR contention that SWINERTON is liable to YOU for damages based upon a cause of
action for strict liability.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number.

il
ff

10

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]1 || INTERROGATORY NO. 42:

2 » IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section
3 || 250, that support or otherwise relate to YOUR contention that SWINERTON is liable to

4 || YOU for damages based upon a cause of action for strict liability.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

8 || INTERROGATORY NO. 43:

au nw

oT} If YOU contend that SWINERTON knew or was aware that inhalation of airborne ke

10 || asbestos fibers could cause asbestos-related disease, on any date (day, month, year) YOU
11 || were present at any location where YOU claim EXPOSURE from SWINERTON, please
12 |} state each and every fact upon which YOU rely to support YOUR contention.

13 |) INTERROGATORY NO. 44:

14 Please state with specificity when (day, month, year) YOU contend that

15 |) SWINERTON first had knowledge that inhalation of airborne asbestos fibers could cause
16 || asbestos-related disease.

17 || INTERROGATORY NO. 45:

18 |i: Please IDENTIFY all PERSON(S) who have knowledge of the facts that support
19 |} YOUR contention that SWINERTON knew or was aware, on any date (day, month, year)

i
|

20 || that YOU were present at any location where YOU claim EXPOSURE from

21 || SWINERTON, that inhalation of airborne asbestos fibers could cause asbestos-related
22 || disease.

23 “IDENTIFY” as used here means to state the full name, current or last known
24 || address, including city, state and zip code, and current or last known home or business

25 }| telephone number.

26 || INTERROGATORY NO. 46: i
27 IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section |

28 || 250, that support or otherwise relate to YOUR contention that SWINERTON knew or was :

b

BRYDON t

Huco & PARKER r

1S5Mam Sraser :
20" FLOOR, it

Son Francisco, CA 94108

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE)1 || aware, on any date (day, month, year) that YOU were present at any SWINERTON

2 || LOCATION, that inhalation of airborne asbestos fibers could cause asbestos-related

3 || disease.

4 “IDENTIFY” as used here means to state the title, author, date, addressee, nature
5} (letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 47:

If YOU contend that SWINERTON should have known that inhalation of airborne
asbestos fibers could cause asbestos-related disease, on any date (day, month, year) YOU
10 |) were present at any SWINERTON LOCATION where YOU claim EXPOSURE from
t1 || SWINERTON, please state with specificity when (day, month, year) YOU contend that
12 || SWINERTON should first have had such knowledge.

13 || INTERROGATORY NO. 48:

14 Please state each and every fact upon which YOU rely to support YOUR

15 || contention that SWINERTON should have known, on any date (day, month, year) YOU
16 || were present at any location where YOU claim EXPOSURE from SWINERTON, that

17 || inhalation of airborne asbestos fibers could cause asbestos-related disease.

18 || INTERROGATORY NO. 49:

19 Please IDENTIFY all PERSON(S) who have knowledge of the facts that support
20 || YOUR contention that SWINERTON should have known, on any date (day, month, year)
21 || YOU were present at any SWINERTON LOCATION where YOU claim EXPOSURE from
22 || SWINERTON, that inhalation of airborne asbestos fibers could cause asbestos-related

23 || disease.

24 “IDENTIFY” as used here means to state the full name, current or last known

25 || address, incliding city, state and zip code, and current or last known home or business

26 || telephone number.

27/11
284) ///
BRYDON
HuGo & PARKER
135 MAIN STREET
FP RLGOR 12

San Proneisoo, CA 54105

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]1 || INTERROGATORY NO. 50:

2 IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section
3 || 250, that support or otherwise relate to YOUR contention that SWINERTON should have
4 |} known, on any date (day, month, year) YOU were present at any location where YOU

5 || claim EXPOSURE from SWINERTON, that inhalation of airborne asbestos fibers could
cause asbestos-related disease.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature

6
7
8 || etter, memo, audiotape, etc.), content, and present location and custodian of the
9 || WRITING identified.

0 || INTERROGATORY NO. 51:

11 If YOU contend that SWINERTON violated any asbestos-related safety orders,

12 || regulations or statutes in any location where YOU claim EXPOSURE from SWINERTON
13 || while YOU were employed there, state with specificity each and every safety order,

14 || regulation or statute that YOU contend SWINERTON violated, if any.

15 |) INTERROGATORY NO. 52:

16 Please state each and every fact upon which YOU rely to support YOUR

17 || contention that SWINERTON violated any asbestos-related safety order, regulation or
18 |] statute at each SWINERTON LOCATION where YOU claim EXPOSURE from

19 || SWINERTON.

20 || INTERROGATORY NO. 53:

21 Please IDENTIFY all PERSON(S) who have knowledge of the facts that support

22 |} YOUR contention that SWINERTON violated any asbestos-related safety orders,

23 || regulations or statutes while YOU were employed at any SWINERTON LOCATION,
24 “IDENTIFY” as used here means to state the full name, current or last known.

25 || address, including city, state and zip code, and current or last known home or business
26 || telephone number.

27 INTERROGATORY NO. 54:

28 IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section
BRYDON
HuGo & PARKER
135 MAIN STREET
20” pLoos 13.

Sen Francia, CA 29108 DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]eo ew NA HW RF WY

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28

BRYDON

Huco & PARKER
135 MAI STREET
20” FLOOR
San Francisco, CA 94105

250, that support or otherwise relate to YOUR contention that SWINERTON violated any
asbestos-related safety orders, regulations or statutes while YOU were employed at any
location where YOU claim EXPOSURE from SWINERTON.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 55:

Please IDENTIFY the PERSON(S) by whom the tools and equipment with which
YOU worked at each SWINERTON LOCATION where YOU claim EXPOSURE from
SWINERTON, were provided, made available, or otherwise supplied to YOU.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number.

INTERROGATORY NO. 56:

IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section
250, that evidence or otherwise relate to the source of tools or other equipment with
which YOU worked while at each SWINERTON LOCATION where YOU contend
EXPOSURE from SWINERTON.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 57:

Please IDENTIFY the PERSON(S) by whom the materials with which YOU
worked at each SWINERTON LOCATION where YOU claim EXPOSURE from.
SWINERTON, were provided, made available, or otherwise supplied to YOU.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip ‘code, and current or last known home or business

telephone number.

14

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]~

et
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NRoN N YN N NY DY
IY A A KR BH SS

28

San Francisea, CA 94105

INTERROGATORY NO. 58:

IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section:
250, that evidence or otherwise relate to the source of the materials with which YOU
worked with while at each SWINERTON LOCATION where YOU contend EXPOSURE.

“IDENTIFY” as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 59:

Please IDENTIFY any SWINERTON employee YOU recall at ary SWINERTON
LOCATION at which YOU claim EXPOSURE from asbestos or asbestos-containing
products and indicate what conversations, if any, YOU had with these SWINERTON
employees.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number.
INTERROGATORY NO. 60:

Please IDENTIFY your employer at each SWINERTON LOCATION where YOU
contend YOU were EXPOSED to asbestos or asbestos-containing products.
INTERROGATORY NO. 61:

Please IDENTIFY the general contractor at each SWINERTON LOCATION where
YOU contend YOU were EXPOSED to asbestos or asbestos-containing products.
INTERROGATORY NO. 62:

Please IDENTIFY YOUR supervisor and any other PERSON(S) who supervised
the work YOU performed at any SWINERTON LOCATION.

“IDENTIFY” as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number

INTERROGATORY NO. 63:

15

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]San Francisco, CA 94105

Please list any injuries to PERSON(S) or property YOU observed at any
SWINERTON LOCATION.

INTERROGATORY NO. 64:

Please list any incompetent activities performed by YOU or YOUR employer at
any SWINERTON LOCATION.
INTERROGATORY NO. 65:

Please state all facts concerning or otherwise relating to any and all DUST
CONTROL PROCEDURES in operation at each location where YOU were EXPOSED to
asbestos or asbestos containing products from SWINERTON.

INTERROGATORY NO. 66:

Please IDENTIFY the PERSON(S) with knowledge of any and all DUST
CONTROL PROCEDURES in operation at each SWINERTON LOCATION where YOU
were EXPOSED to asbestos or asbestos containing products from SWINERTON.

IDENTIFY as used here means to state the full name, current or last known
address, including city, state and zip code, and current or last known home or business
telephone number
INTERROGATORY NO. 67:

IDENTIFY any and all WRITINGS, as defined in California Evidence Code Section
250, that support or otherwise relate to any DUST CONTROL PROCEDURES in
operation at each SWINERTON LOCATION where YOU were EXPOSED to asbestos or
asbestos containing products from SWINERTON.

IDENTIFY as used here means to state the title, author, date, addressee, nature
(letter, memo, audiotape, etc.), content, and present location and custodian of the
WRITING identified.

INTERROGATORY NO. 68:

Please IDENTIFY any and all PERSON(S) who CONTROLLED the use and
implementation of the DUST CONTROL PROCEDURES in operation at each
SWINERTON LOCATION where YOU were EXPOSED to asbestos or asbestos

16

DEFENDANT SWINERTON BUILDERS’ SPECIAL INFERROGATORIES TO PLAINTIFFS [SET ONE]1 || containing products from SWINERTON.
2 “IDENTIFY” as used here means to state the full name, current or last known
3 || address, including city, state and zip code, and current or last known home or business
4 || telephone number.
INTERROGATORY NO. 69:
Pursuant to California Code of Civil Procedure Section 2030, please IDENTIFY

any settlements YOU have received from any party in this action.

“IDENTIFY” as used here means to state the settling party, the amount of the

Cem IW Hw

settlement monies received or negotiated from that party, and the date of receipt of

10 || monies or confirmation of settlement agreement.

11 |) INFERROGATORY NO. 70:

12 IDENTIFY any and all other locations at which YOU claim EXPOSURE to asbestos
13 || or asbestos containing products not previously identified in these interrogatories.

14 . “IDENTIFY” as used here means to state address of the site, the name of the

15 || person or entity residing in or working from the location, and the telephone and

16 |] facsimile numbers therefor.

17 || INTERROGATORY NO. 71:

18 If YOU worked with any asbestos-containing products manufactured, produced,
19 || prepared, distributed or sold by any bankrupt entity, whether or not such entity has been
20 || named as a party to this lawsuit, IDENTIFY each such entity.

21 “IDENTIFY” in the context of WRITINGS or Proof of Claim Forms as used herein
22 || shall mean to state the title, author, date, addressee, nature [letter, memo, audiotape,

23 || etc.], content, and present LOCATION and custodian of the WRITINGS identified.

24 || INTERROGATORY NO. 72:

25 IDENTIFY each Proof of Claim Form YOU have submitted for each bankrupt

26 || entity identified in YOUR response to SPECIAL INTERROGATORY NO. 71.

27 “IDENTIFY” in the context of WRITINGS or Proof of Claim Forms as used herein.

28 || shall mean to state the title, author, date, addressee, nature [letter, memo, audiotape,

BRYDON

HuGo & PARKER
135 MAIN STREET
20" FLOOR 17

San Franses, CA93105 DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFES [SET ONE]San Franciseo, CA 94105

etc.], content, and present location and custodian of the WRITINGS identified.

For each such claim form identified in YOUR response to SPECIAL
INTERROGATORY NO. 71, IDENTIFY the date on which the claim form was prepared.

“IDENTIFY” in the context of WRITINGS or Proof of Claim Forms as used herein.
shall mean to state the title, author, date, addressee, nature [letter, memo, audiotape,
etc.], content, and present location and custodian of the WRITINGS identified.
INTERROGATORY NO. 74:

For each such claim form identified in YOUR response to SPECIAL
INTERROGATORY NO. 71, IDENTIFY the entity to which the claim form was
submitted.

“(DENTIFY” in the context of WRITINGS or Proof of Claim Forms as used herein
shall mean to state the title, author, date, addressee, nature [letter, memo, audiotape,
etc.], content, and present location and custodian of the WRITINGS identified.
INTERROGATORY NO. 75:

Please identify any and all workers’ compensation actions filed by or on behalf
of YOU, including the jurisdiction of the filing, the action number and all parties to the
claim.

INTERROGATORY NO. 76:

Pursuant to California Code of Civil Procedure Section 2030,070, please state any
later acquired information bearing on all answers previously made by YOU to any and
all of SWINERTON’S previously served Interrogatories.

INTERROGATORY NO. 77

If YOU contend that SWINERTON is liable to YOU under any or all of the causes
of action listed in YOUR complaint, please state all facts in support of YOUR contentions.
Mil
if
Mf

18

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]BRYDON
Huco & PARKER
TaS MAIN STREET
20" FLOOR
‘San Franciseo, CA 94105

INTERROGATORY NO. 78

Please state all facts that support YOUR prayer for punitive damages as listed in

YOUR complaint.

Dated: April 26, 2011

By:

19

BRYDON, HUGO & PARKER

[s/ P.M. Bessette

P.M. Bessette

Attorneys for Defendant
SWINERTON BUILDERS

DEFENDANT SWINERTON BUILDERS’ SPECIAL INTERROGATORIES TO PLAINTIFFS [SET ONE]BRYDON
Huco & PARKER
135 MaDe STREET

20" FLCOR
‘Sen Francisco, CA 94105

DECLARATION FOR ADDITIONAL DISCOVERY

I, P.M. BESSETTTE, declare:

1. lam the attorney for SWINERTON BUILDERS, a party to this action.

2. Iam propounding to plaintiffs the attached set of Special Interrogatories.

3. This set of interrogatories will cause the total number of specially prepared
interrogatories propounded to the party to whom they are directed to exceed the number
of specially prepared interrogatories permitted by Section 2030.030 of the Code of Civil
Procedure.

4. I have previously propounded a total of zero (0) interrogatories to this
party on behalf of SWINERTON BUILDERS.

5. This set of interrogatories contains a total of seventy-eight (78) specially
prepared interrogatories.

6. lam familiar with the issues and the previous discovery conducted by all of
the parties in the case.

7. I have personally examined each of the questions in this set of
interrogatories.

8. This number of questions is warranted under Section 2030.040 of the Code
of Civil Procedure because of the complexity and quantity of the existing and: potential
issues in this case and the expedience of using this method of discovery to provide the
responding party the opportunity to conduct an inquiry, investigation, or search of files
or records to supply the information.
fil
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DECLARTION OF P.M. BESSETTE IN SUPPORT OF ADDITIONAL DISCOVERYwoe NY DH A BF BW NY

wb oN NN N KR NDE Se we ewe He we ee Be Be
SRRR BEES CFR EBHRES

28

BRYDON
HuGO & PARKER

San Franciseo, CA 94105

9. None of the questions in this set of interrogatories is being propounded for
any improper purpose, such as to harass the party, or the attorney for the party, to whom
itis directed, or to cause unnecessary delay or needless increase in the cost of litigation.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration was executed on April & 2011

P.M. BESSETTE

in San Francisco, California.

DECLARTION OF P.M, BESSETTE IN SUPPORT OF ADDITIONAL DISCOVERYRoss, Robert & Jean
San Francisco County Superior Court Case No. CGC-10-275731
LexisNexis Transaction No. 37251042

PROOF OF SERVICE
Tam a resident of the State of California, over the age of 18-years, and not a
party to the within action. My electronic notification address is
service@bhplaw.com and my business address is 135 Main Street, 20% Floor, San
Francisco, California 94105, On the date below, I served the following:

DEFENDANT SWINERTON BUILDERS SPECIAL INTERROGATORIES TO

PLAINTIFFS SET ONE
on the following:
BRAYTON PURCELL LLP LexisNexis Electronic Service List
222 Rush Landing Road

Novato, CA 94945
Fax: (415) 898-1247

X By transmitting electronically the document(s) listed above as set forth
on the electronic service list on this date before 5:00 p.m.

o By transmitting via facsimile the document(s) listed above to the fax
number(s) set forth above on this date before 5:00 p.m.

co By placing the document(s) listed above in a sealed envelope and placing
the envelope for collection and mailing on the date below following the
firm’s ordinary business practices. I am readily familiar with the firm’s
practice of collection and processing correspondence for mailing. Under
that practice it would be deposited with U.S. Postal service on the same
day with postage thereon fully prepaid at San Francisco, California in
the ordinary course of business. [am aware that on motion of party
served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in
affidavit.

eo By placing the document(s) listed above in a sealed envelope designated
for Federal Express overnight delivery and depositing same with fees
thereupon prepaid, in a facility regularly maintained by Federal Express,
addressed as set forth above.

o By causing personal delivery of the document(s) listed above to the
person(s) at the address(es) set forth above.

I declare under penalty of perjury that the above is true and correct.
Executed on April 26, 2011, at San Francisco, California.

Wands 1. Claude _|

Wanda D. Claudio

PROOF OF SERVICE

i
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|EXHIBIT DYS AT LAW.
LANDING ROAD

BRAYTONS PURCELL LLP

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Cm YD A RY ON

10

ALAN R. BRAYTON, ESO,, 8.B. #73685
DAVID R. DONADIO, ESQ, 8.B. #154436 RECEIVED

JUSTIN S. FISH, ESQ., $/B#250282 a
BRAYTON#PURCELL LLP MAY $1 2011
Attomeys at Law BY US.

222 Rush Landing Road BRYDON HuUcy AIL
P.O. Box 6169 NV HUGO & PARKER

Novato, California 94948-6169
(415) 898-1555

Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ASBESTOS
No. CGC-10-275731

PLAINTIFFS’ RESPONSE TO
DEFENDANT SWINERTON
BUILDERS’S SPECIAL
INTERROGATORIES, SET ONE

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

VS.

C.C. MOORE & CO. ENGINEERS:

Defendants as Reflected on Exhibit |

attached to the Summary Complaint
herein; and DOES 1-8500.

Ne

PROPOUNDING PARTY; Defendant SWINERTON BUILDERS

RESPONDING PARTIES: Plaintiffs ROBERT ROSS and JEAN ROSS
(Hereinafter, “Piaintif?’)

SET NO.: ONE (1)

GENERAL OBJECTION

Plaintiff objects to these Interrogatories on the grounds that they are oppressive,
harassing and unduly burdensome to propound more than 35 Interrogatories on plaintiff, as
prescribed by C.C.P. § 2030.030. Defendant has exceeded the limit of Special Interrogatories,
under C.C.P. § 2030.240. Plaintiff further objects to these Interrogatories on the grounds that in.
its attached declaration, defendant has not sufficiently set forth why the complexity and quantity
of the existing and potential issues in this case warrants defendant propounding more than 35
Interrogatories on plaintiff. Rather, defendant has simply asserted in a conclusory fashion that
the 78 Interrogatories are justified by “the complexity and quantity of the existing and potential
issues in this case.” Defendant at no point explains why the instant matter is any different from
the multitude of active asbestos cases in the San Francisco County Superior Court, or why
defendant’s discovery concerns in the instant matter are any more or less complex or plentiful
than those of the multitude of defendants in such cases who are able to conduct discovery with
less than 36 Interrogatories. Defendant would likely find it difficult to articulate such a
distinction, as defendant itself has in the past routinely satisfied its discovery needs by

KAinjured\29349\pld'og-rsp-SWINBU.wod 1 asppropounding twenty-one Interrogatories. Plaintiff finds defendant’s use of 78 Interrogatories
particularly frustrating, oppressive and harassing, given the bewilderingly redundant and
duplicative nature of thirteen of defendant’s Special Interrogatories (Interrogatory Nos. 11-20,
25, 26, and 27), as indicated by plaintiff's objections to those Interrogatories.

RESPONSE TO INTERROGATORY NO. 1: Plaintiff objects to this Interrogatory on the
grounds that it seeks documents protected by the Attorney-Client Privilege and/or the Attorney
Work-Product Doctrine. Plaintiff objects to this Interrogatory on the grounds that it is
compound and conjunctive in violation of C.C.P. § 2030(c)(5). Subject to the foregoing
objections, and without waiver thereof, plaintiff responds as follows:

Plaintiff ROBERT ROSS was exposed to asbestos-containing Products supplied,
delivered, installed, maintained, used, cleaned up, replaced and repaired by defendant
SWINERTON BUILDERS at jobsites where plaintiff was employed, including:

Location of Exposure
Employer Exposure Job Title Dates
AC&S Insulation Bank of America Insulator 8/1960-7/1 961;
P.O. Box 1268 San Francisco, CA (Foreman) 10/1961-6/1962;
Lancaster, PA (1 South Van Ness Avenue) 5/1965-12/1966
(3 months, on and
off}
Location of Exposure
Employer Exposure Job Title Dates
AC&S Insulation San Francisco General Insulator 8/1960-6/1962;
P.O. Box 1268 Hospital 5/1965-12/1966
Lancaster, PA San Francisco, CA
Location of Exposure
Employer Exposure Job Title Dates
AC&S Insulation Fairmont Hotel Insulator 8/1960-6/1962;
P.O. Box 1268 San Francisco, CA 5/1965-12/1966
Lancaster, PA
Location of Exposure
Employer Exposure Job Title Dates
Western Asbestos Colgate Palmolive Insulator 7/1961-10/1961;
3150 3" Street Berkeley, CA T1962-5/1965
San Francisco, CA (5 weeks, on and
off)
Location of Exposure
Employer Exposure Job Title Dates
Consolidated Insulation Ghiradelli Square Tnsulator 1967-1970
517-D Marine View Ave. San Francisco, CA
Belmont, CA
Mie
Mit

KNinjured\1934pldtrog-rsp-SWINBU.wpd 2 asp1 Location of . Exposure
Employer Exposure Job Title Dates
2
Consolidated Insulation. St. Mary’s Church Insulator 1/1967-3/1972
3]| S17-D Marine View Ave. San Francisco, CA’ (6 weeks, on and
Belmont, CA. off)
4
Location of Exposure
5]} Employer Exposure Job Title Dates
6 || Consolidated Insulation Naval Supply Insulator 1967 - 1972
517-D Marine View Ave. Center Annex (3 weeks)
7} Belmont, CA Alameda, CA
8 Location of Exposure
Employer Exposure Job Tithe Dates
9
Consolidated Insulation Mills Building Insulator 1/1967-3/1972
10 |] 517-D Marine View Ave. (Bush/Montgomery) (on and off)
Belmont, CA. San Francisco, CA
il
Location of Exposure
12 || Employer Exposure Job Tithe Dates
13] Consolidated Insulation San Francisco State Insulator V/1967-3/1972
517-D Marine View Ave. University
141 Belmont, CA San Francisco, CA
15 Location of Exposure
Employer Exposure Job Tithe Dates
16
Plant Insulation Colgate-Palmolive Insulator L0/1973-12/1973;
17 || 2271 California Street Berkeley, CA 3/1974-3/1976;
San Francisco, CA 10/1976-2/1977
18 (1 month, on and
off)
19 .
Location of Exposure
20 || Employer Exposure dob Title Dates
211) Consolidated Insulation Marin Civic Center, Insulator 1967 - 1972;
517-D Marine View Ave. San Rafael, CA 1977 - 1981
22 | Belmont, CA (1 month, on and
off)
23
Location of Exposure
24] Employer Exposure Job Title Dates
25 || Consolidated Insulation 111 Pine Street Insulator 1/1967-3/1972,;
517-D Marine View Ave. San Francisco, CA. S/77-1/81
26 || Belmont, CA (3 weeks, on and
off)
27
Pursuant to C.C.P_§ 2030.220(c), plaintiff has made a reasonable and good-faith effort
28 || to obtain the requested information by inquiry to other natural persons or organizations, and
believes that there is no further relevant and/or responsive information to disclose at this time.
KMlnjured\f934%\pid\og-tsp-SWINBU.wpd 3 aspPlaintiff reserves the right to supplement this Response as investigation and discovery are
continuing.

RESPONSE TO INTERROGATORY NO. 2: Plaintiff objects to this Interrogatory on the
grounds that it seeks documents protected by the Attomey-Clieut Privilege and/or the Attorney
Work-Product Doctrine. Subject to and without waiving said objections, plaintiff responds as
follows:

Plaintiff ROBERT ROSS was exposed to asbestos-containing products supplied,
delivered, installed, maintained, used, cleaned up, replaced and repaired by defendant
SWINERTON BUILDERS at job sites where plaintiff was employed, including:

Location of Exposure
Employer Exposure dob Title Dates
AC&S Insulation Bank of America Insulator 8/1960-7/1961;
P.O. Box 1268 San Francisco, CA (Foreman) 10/1961-6/1962;
‘Lancaster, PA (1 South Van Ness Avenue) . 5/1965-12/1966
(3 months, on and
off)

Job Duties: Plaintiff wrapped duct in the mechanical rooms and used Styrofoam and
pipecovering, and cement. Plasterers would pour the powder into the cement mixer and dust
would fly everywhere and get on his clothes and skin. Plaintiff observed work to a boiler at this
project. Plaintiffrecalls the following co-worker: Robert Cantley (c/o Brayton*+Purcell LLP).

Location of Exposure
Employer Exposure Job Title Dates
AC&S Insulation San Francisco General Insulator 8/1960-6/1 962;
P.O. Box 1268 Hospital 5/1965-12/1966
Lancaster, PA San Francisco, CA

Job Duties: Plaintiff applied asbestos-containing insulation to piping, valves, fittings, duct
work, and equipment during various remodel projects. Plaintiff used asbestos-containing
thermal insulat