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

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SUITE 300
ALAMEDA, CA 9580-1084
(580) 44.7688

JOHN G. COWPERTHWAITE, CSB# 96375
BENNETT, SAMUELSEN, REYNOLDS & ALLARD

A Professional Corporation TILED.
Attorneys at Law

1301 Marina Village Parkway, Suite 300 Superior Court of California,
Alameda, California 94501-1084 County of San Francisco
Telephone: (510) 444-7688 FEB 22 2013

Facsimile: (510) 444-5849 Clerk of the Court

BY: CAROL BALISTRERI

Attorneys for Defendant Deputy Clerk

SLAKEY BROTHERS, INC.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, NO. CGC-10-275731
Plaintiffs,
vs.
EXHIBIT B
C.C. MOORE & CO., ENGINEERS, et al.,
Date: May 10, 2013
Defendants. Time: 9:30 a.m.
/ Dept.: 503

Trial Date: June 10, 2013oc ON OD GO BF WO NM SF

>

Set sie

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

--o00--
ROBERT ROSS and JEAN ROSS,
COPY
Plaintiffs, :
vs. NO. 275731

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

Defendants,
/

TRIAL PRESERVATION TESTIMONY OF ROBERT ROSS

(Pages 1 through 192, inclusive)

Taken before RICHARD LENZI
CSR NO. 2564
July 12, 2017

One Kaiser Plaza, Suite 505
Oaldand, California 94612
Ph 510-451-1580

Fax 510-451-3797
www.ailkenwelch.com

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sites. Did I understand that correctly?

A. I saw them on both sites.

Q. On both of those sites, aside from seeing
the word Kentile on the boxes.which allowed you to
identify who made the tile, did you see any other
writings on those boxes?

A. Not that I can remember at this time.

Q. For example, did you see anything
indicating that you should avoid breathing dust
created by handling of those tiles?

MR. TWU: Leading. Argumentative. Sorry.
THE WITNESS: Not at this time. We are

talking a hundred years ago. That's one of my

first.

MR. TWU: That's an exaggeration, right,
sir?

THE WITNESS: Just a little bit. Not
much.

BY MR. SOLOMON:

Q. I want to ask you a little bit about
suppliers of materials. During the years that you
were working as an insulator and focusing mostly
on the period between the late 50's when you
started until the mid 70's, were there ever

occasions where you ever saw deliveries of

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materials to job sites where you were working as
an insulator?

MR. ZACHARIN: Overbroad.

THE WITNESS: Yes.
BY MR. SOLOMON:

Q@. And when you observed those deliveries did

you ever have an opportunity to identify the

company or companies making those deliveries?
MR. ZACHARIN: Same objections.
THE WITNESS: Are you through?
MR. SOLOMON: He makes his objections
quickly. :
THE WITNESS: Slakey.
BY MR. SOLOMON:
Q. Right now I am just asking if you ever saw
the names of the companies?
A. Yeah.
MR. ZACHARIN: I am sorry, may I hear the
prior answer read back, please?
THE REPORTER: I think it's Slakey.
MR. SOLOMON: So did I.
MR. ZACHARIN: Okay. I am glad I asked.
MR. SOLOMON: Okay. Fine with me.
BY MR. SOLOMON:

Q. You mentioned the word Stakey. What does

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that mean to you?

A. To me?

Q. Um-hmm. Excuse me. Yes.

A. I don't know. I don't know -- that means
that those are the people that delivered it.

Q. Are there any particular job sites that
you can recall where you observed Slakey making
deliveries of materials to that site?

MR. ZACHARIN: Overbroad.

THE WITNESS: Yes.
BY MR. SOLOMON: .—

Q. What site or sites are you thinking of?

MR. ZACHARIN: Same objection. :

THE WITNESS: Avon for one. I am going to
have to refer to my notes here because I know
there was several more. I know I wrote them down
too. I am going to have to get back to you on
that because I can't find them right now. But I
know I have got them in here someplace and I don't
want you to be bored with me going through all
that stuff.
BY MR. SOLOMON: .

Q. I can assure you that boredom is the least
of your concerns. Let me ask you a follow-up

question about the Avon Refinery. On how many

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occasions did you see Slakey make deliveries to
that site while you were present there?

A. A couple of times.

MR. ZACHARIN: Excuse me. I believe that
lacks foundation after his prior answer. But I am
sorry, what was his answer?

MR. SOLOMON: "A coupte"

BY MR. SOLOMON:

Q. On those couple of occasions on what type
of apparatus were those deliveries made? In other
words, what conveyed --

A. Flatbed. truck. :

Q. Okay. How were you able to identify those
flatbed trucks as being Slakey trucks?

A. They had -- well, they had a name on them.

Q. Where on the truck did you see the name?

A. On the side.

Q. Did you have an opportunity to see what
was being delivered on the Slakey truck to the
Avon Refinery when you observed it?

MR. ZACHARIN: Objection.

MR. SOLOMON: Actually I withdraw the
question because it's misleading.

BY MR. SOLOMON:

Q. On those couple of occasions where you saw

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Stakey's flatbed trucks coming to the Avon
Refinery, what did you see those trucks bringing
on those occasions?

MR. ZACHARIN: Overbroad and compound.
BY MR. SOLOMON:

Q. Go ahead.

A. Transite pipe. Asbestos block. Asbestos
pipe covering.

@. What is transite pipe?

A. That's pipe that you put in the ground.

Q. What does this pipe look like?

MR. ZACHARIN: That is overbroad, vague
and ambiguous.

MR. SOLOMON: I will strike that question.
BY MR. SOLOMON:

Q. What did the transite pipe that you saw
being brought by the Slakey trucks to the Avan
Refinery look like?

MR. ZACHARIN: Same objections.

THE WITNESS: Is it okay now?

MR. SOLOMON: Yes, it is.

MR. ZACHARIN: Do you want my opinion?

THE WITNESS: No, I don't want your
opinion. I remember you.

MR. ZACHARIN: I suppose that's a good

Aiken Welch Reporters Robert Ross 07/12/2011152

thing. But it may not be.
BY MR. SOLOMON:

Q. Do you have the question in mind,
Mr, Ross?

A. Kind of a grayish color.

Q. Did you ever see that transite pipe moved
anyplace from the truck after it arrived at Avon?

A. Yes.

Q. Where did you see it moved?

A. On some pallets.

Q. Where were the pallets of transite placed
after being taken from the vehicle?

MR. ZACHARIN: Vague as to time.
MR. SOLOMON: I don't care about the time.
BY MR. SOLOMON:

Q. Go ahead.

A. Someplace in -- I don't know, in the
refinery someplace. I don't remember exactly --
if it was close to the coker or what. But I saw
it moved and put on pallets and I don't know if
the forklift picked them-up or what. That's all I
remember.

MR. ZACHARIN: Move to strike speculative
portions.

BY MR. SOLOMON:

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Q. Did you ever see any of that pipe actually
installed into the ground or anywhere?

A. Yes.

Q. Where did you see the transite pipe
installed that you saw being brought to the Avon
Refinery on Slakey trucks?

A. In a trench.

Q. Did you. have any opportunity to observe
the workers that were accomplishing that job of
putting that transite in the trench at Avon?

A. Yes.

Q. In order for them to put the transite into
the trench, what if anything did they do to it to
get it into the trench?

MR. ZACHARIN: Calls for speculation.
MS. WALKER: Overbroad.
BY MR. SOLOMON: .

Q. Go ahead.

A. On occasion they had to cut the pipe to
make it fit.

BY MR. SOLOMON:

Q. Did you observe them using a tool or tools
in order to cut this transite pipe that was being
installed at a trench at Avon Refinery?

A. Power saw.

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Q. How close were you at the closest when you
observed people using a power saw to cut transite
pipe that they were installing in a trench at
Avon?

A. Standing over the trench, looking down at
the pipe. Three feet maybe, two feet, four feet.
I don't remember exactly.

Q. When you observed those people within
three or four feet of you using a power saw to cut
the transite pipe, did you observe the appearance
of the air around you?

MR. ZACHARIN: Misstates testimony, vague
and ambiguous.
BY MR. SOLOMON:

Q. Go ahead.

A. Yes.

Q. And what did you observe?

A. Dusty. Very dusty.

Q. Did anybody from Slakey come out and warn
you to avoid being around any dust during the
handling of that transite pipe?

A. No.

Q. Did you see any writing on the pipe that
indicated that there was some danger associated

with cutting or creating dust with the material?

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A. Not that I could remember.

Q. Do you have an understanding as to who
made the transite pipe that you saw being conveyed
on the Slakey trucks and later installed in
trenches, in a trench at the Avon Refinery?

A. No.

Q. Now, during -- I am going to take you away
from your career now.

A. I am going to give you another spot where
I saw transite pipe.

Q. Does it have anything to do with Slakey?

A. Yes.

MR. ZACHARIN: Leading.
MR. SOLOMON: That's probably fair.
BY MR. SOLOMON:

Q. Okay. Let me strike my last question and
ask. a new one. Sir, were there any other
locations where you have encountered transite pipe
during the course of your career as an insulator?

A. Yes.

Q. What other location or locations?

A. Alameda courthouse.

Q. The Alameda courthouse. In what city or
town in California is that located?

A. Alameda. Right off the freeway.

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Q@. Alameda. — /

A. I-believe that's what it was.

Q@. So it's not the Alameda County courthouse,
it's the Alameda courthouse?

A. All I know it was off the freeway, Alameda
courthouse, and that’s where I worked. What's the
one off the -- I can't remember the one off the
freeway for sure if it's the courthouse or --

Q. Well, as you are going down the Nimitz
Freeway along that waterfront, Oakland is on your
left and Alameda is across the little slough or --
estuary, thank you, on your right. If you. go to
Alameda you go through a tunnel or go over a
bridge to get to Alameda from Oakland.

A. I realize that now and I put that in the
wrong place. I am sorry.

Q. So let me ask --

A. I know where Alameda is. What I am
thinking about is the Oakiand courthouse off the
freeway. You could see it from the freeway from
Highway 80.

Q. Are you talking about the Alameda County
courthouse in Oakland, California?

A. You have got me confused or I have got

myself confused. I don't remember the exact name,

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but I know where it's at and I know where I worked
at and I can see the building from the freeway, if
that helps.

Q. From this courthouse were you able to see
a small take otherwise known as Lake Merritt?

A. I know where Lake Merritt is but I don't
remember seeing it.

Q. In any event, the transite pipe that you
saw at the Alameda courthouse, did you observe
that material being delivered to the site?

A. Yes.

Q. And what. did you observe?

A. It was brought to the job site and put on
the loading dock.

Q. Was it brought to the job site by train,
aircraft, horse and cart or some other means?

A. Horse and cart.

Q. I know you don't mean that

A. Why? Flatbed.

Q. Flatbed what?

A. Truck.

Q. Did you-see any words, logos or other
marks on that flatbed truck that would allow you
to identify who operated the truck, what company

was making that delivery?

Aiken Welch Reporters Robert Ross 07/12/2011158

Yes.
What did you observe?
Slakey.

Where did you see that name on this truck?

> oP PP

On the side of the truck.
Q. Were you present when that truck was
unloaded?
A. I was in the area, yes.
Q. Where was that transite moved to from the
truck?
MR. ZACHARIN: Calls for speculation.
MR. SOLOMON: Or strike that.
BY MR. SOLOMON:
Q@. Did you see where the transite was moved
when it was taken off the truck?
MR. ZACHARIN: Also calls for speculation,
lacks foundation.
MR. SOLOMON: TI will stand on that
question.
BY MR. SOLOMON:
Q. Go ahead.
A. It was moved to a trench.
Q. Were you able to physically see the
transite moved from the truck to the location

where it was put into the trench?

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A. I didn't see it moved. But I saw it in
the trench later on.

Q. How do you know that the transite you saw
in the trench was amongst the transite that came
off that Slakey Brothers or that Slakey truck?

MR. ZACHARIN: Lacks foundation, assumes
facts.

THE WITNESS: How do I know? Because it
was the only -- it was the only transite pipe
brought to the job.

MR. ZACHARIN: Move to strike --

THE WITNESS: That I am aware of.

MR. ZACHARIN: Move to strike speculative
portions.

BY MR. SOLOMON:

Q. Now, once that transite was moved to the
trench area, did you ever see any of it installed
into that trench?

A. Yes.

Q@. Was the manner of installation of that
transite in that trench any different than what
you described at the Avon Refinery when we were
talking about the Slakey delivery made to that
site?

A, No. it was the same.

Aiken Welch Reporters Robert Ross 07/12/2011SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
--000--
ROBERT ROSS and JEAN ROSS,
Plaintiffs,
vs. NO. 275731

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

Defendants.
/

DISCOVERY DEPOSITION OF ROBERT ROSS

(Volume IT)

(Pages 82 through 349, inclusive)

Taken before RICHARD LENZI
CSR NO. 2564
July 13, 2011

Bs One Kaiser Plaza, Suite 505
PNVMNe Oakland, California 94612
WNellaes = Ph 510-451-1580

Fax 510-451-3797
www.aikenweich.com

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Market and Van Ness and then '74, '75, at the
California Street building?

A. I'd say in the Tate 60's.

Q@. The late 60's?

A. Late 60's, you know. In that vicinity,
yeah.

Q. Other than these two sites, are there any
other occasions where you saw Kentile floor tile
at any of your jobs?

A. No. But I misspoke when I told you nine
by twelve on the tile. It's nine by nine.

Q. Nine by. nine?

A. Yes, sir.

Q. Otherwise is your testimony the same?

A. Yes.

MR. TWU: Given that time is a premium I
will pass to somebody else. Thank you very much
for your time. I will look through my notes and
if anything else comes up I will come back.

EXAMINATION BY MS. WALKER:

Q. Hi, Mr. Ross.

A, Hi.

Q@. I didn't want to shout to you over the
table. Mr. Ross, I wanted to ask you some

questions about work that you discussed yesterday

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about the Avon Refinery. Do you recall that?

A. Yes, ma'am.

Q. You told us yesterday you were first there
at the Avon Refinery in the early 1960's when you
were working for Western Asbestos for about two to
three weeks as an apprentice, right?

A. Yes, ma'‘am.

Q. When you say early 60's, are you able to
narrow that down a little bit as to the actual
year?

A. No.

Q. And you had never been in that refinery
before then, had you?

A. No.

Q. The Avon Refinery has changed names a few
times throughout the years, hasn't it?

A. Yes, ma'am,

Q. The first time you went there I believe
you said it was called the Tidewater, is that
right?

A. I saw Tidewater on their hats. You know,
like you say, they changed their names so many
times in there I usually refer to it as Avon.

That is just like I refer to muds we used as mud.

Q. All right. So the only name you saw in

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don't want to fight.
EXAMINATION BY MR. ZACHARIN:

Q. Mr. Ross, yesterday you mentioned seeing
Slakey Brothers on an occasion or more. I want to
go back over some of that testimony. First of
all, you mentioned that you saw Slakey make
deliveries to Avon. Do you remember that
testimony?

A. Yes.

Q. All right. And I think you used the
pleural. So I wanted to ask you how many times
you saw Slakey Brothers make deliveries to Avon?
If it was more than once.

A. I don't remember.

Q. We talked about a delivery where you saw
transite pipe and some other materials being
delivered. Is that the only one that stands out
in your mind as far as Avon is concerned?

MR. SOLOMON: Objection. Misleading.
THE WITNESS: I can't remember.
BY MR. ZACHARIN:

Q, Do you have a memory?

A. It was one or two or three. I can't
remember, sir.

Q. Do you have a memory of any other

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471
deliveries at Avon by Slakey Brothers other than
the one where you saw transite pipe and some block
and pipe covering delivered?

A. No.

Q. And was. that the job for Western Asbestos
that you just got done telling us about?

A. Yes, sir.

MR. SOLOMON: He testified to that.
That's harassing.
BY MR. ZACHARIN:

Q. You told counsel that you didn't remember
how far away the transite was being installed from
where you were working near the coker. I just
wanted to know if you can estimate that distance?

A. No.

Q. Can you give me an estimate of the
diameter of that pipe that you saw being
installed?

A. No.

Q@. Can you even tell me if it was more or
less than ten inches in diameter?

A. No.

Q. I want to ask you a few questions about
the truck that you saw making that delivery. I

think you said yesterday it was a flatbed truck.

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Q. You mentioned to counsel that Western
Asbestos, your employer, supplied your materials
for your work on this job. Do you know where they
purchased their materials?

MR. SOLOMON: Lacks foundation of personal
knowledge. Assumes facts that they purchased the
materials.

BY MR. ZACHARIN:

Q. Don't speculate, sir. Only if you know.

A. J-M.

Q. Is it your understanding, if you have one,

and again don't speculate, that Western Asbestos

bought its materials directly from J-M?

MR. SOLOMON: Objection. The question
does Jack foundation of personal knowledge. Seeks
speculation from the witness. Go ahead if you
know.

THE WITNESS: Yes.

BY MR. ZACHARIN:

Q. Turning your attention now to the
courthouse job.

A. Okay.

Q. You mentioned that that courthouse was
right by the freeway. There is a court building

in Oakland, it is right next to the freeway,

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within a block or so. Do you recall if you could
actually see the freeway from this work site?

A. Yes.

Q. Do you recall what year that was or your
best estimate if you can't give me an exact year?

A. No.

Q. Were you an apprentice?

A. No.

Q. What was the state of construction of this
courthouse when you first arrived? What phase of
construction was it?

A. I can't tell you what phase it was. I am
not a general contractor.

Q. I am sorry?

A. I am not a general contractor.

Q. Was there a structure with walls?

A. Yes.

Q. Again yesterday you told us that you saw a
Slakey flatbed truck. Rather than take you
through each one of these questions, is this the
same or similar truck that you saw out at Avon?

A. To the best of my recollection, yes.

Q. Was it just the one delivery that you saw
at this courthouse job?

A. Yes.

Aiken Welch Reporters Robert Ross 07/13/2011177

Q. You told us that it made its delivery to a
loading dock. Where was that loading dock in
relation to where your work site was?

A. Down in the basement.

Q. That's where the loading dock was?

A. Right above the basement. Right in that
area, yes.

Q. Where was your work location?

A. Different floors.

Q. When you saw this delivery were you
working at the time doing your work or was this on
off time?

MR. SOLOMON: Well, objection. The
question is argumentative and implies there isn't
some other possibility. Go ahead, sir.

BY MR. ZACHARIN:

Q. Or some other possibility.

A. I don't remember exactly. I could have
been looking out the window or I could have been
on the loading dock. I could have been a lot of
places.

Q. So as you sit here right now, can you
conjure up a mental picture of that delivery being
made?

MR. SOLOMON: Objection. The question is

Aiken Welch Reporters Robert Ross 07/13/2011178

incoherent.
BY MR. ZACHARIN:

Q. Do you understand me, sir?

A. Yes, I do. All I can remember is they
took it off on the loading dock. They unloaded it
on the loading dock. That is all I can remember.

Q. Now, the reason I asked the question is I
wanted to see if in your mental picture you could
figure out how far away that truck was from where
you were standing?

MR. SOLOMON: Objection. The question
assumes facts.

THE WITNESS: I believe I was eating Junch
out there or having a sandwich. I remember out
back there -- I used to go out back there. So I
could have been on a break, ten o'clock break, it
could have been lunchtime.

BY MR. ZACHARIN:

Q. All right. Did you talk to the driver of
that truck?

A. No, sir.

Q. And what did you see coming off that truck
on the loading dock?

A, Transite pipe.

Q. Anything else?

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A. I didn't -- no.

Q. After it was unloaded did you see that
pipe being moved anywhere else other than the
loading dock?

A. No.

Q. Now, you testified yesterday that you saw
the pipe being cut and put in the trench and it
was dusty and so forth at that work site. True?

A. Yes.

Q. And since you didn't see the pipe coming
off the Slakey truck being moved anywhere other
than the loading dock, is there any way for you to
know whether the pipe you saw being cut at that
courthouse job was that same pipe from the Slakey
truck?

A. Yes. It was eventually taken over to the
trench.

Q. So you did seé it moved again, is that
right?

A. I am trying to think. I don't remember
seeing it being moved.

Q. So let me re-ask the question. The pipe
you saw being cut by the trench, is there any way
for you to know whether that was the same pipe

that came on the Slakey truck?

Aiken Welch Reporters Robert Ross 07/13/2011a

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Q. So you saw two or three people?

A, That's all I can remember.

Q@. Did you see these same two or three people
cutting the pipe, some holding the pipe, perhaps
one or two working the saw, something like that?

A. To the best of my recollection I just saw
one man cutting the pipe.

Q. He was working the saw and holding the

A. Yes.

Q. Even though you can't estimate or give me
an exact length of the pipe, was it the same
Jength of pipe that you saw on the Slakey truck
that the man was cutting on the band saw?

A. If I remember correctly it looked like it
had been cut in half. And they used a smaller --
I don’t remember, I can’t guesstimate. All I can
remember, I Know they were a Tot longer than pipe
insulation.

Q@. What is a lot longer than pipe insulation?

A. Pipe insulation is three foot long. And
this was at least six feet or more.

Q. The pipe that you saw being cut?

A. Yes.

Q. In your interrogatory responses you do

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mention Slakey Brothers on one other occasion. I
want to ask you about that. There was some

job at the community college on Mission Street in
San Francisco when you worked for Consolidated
Insulation. First of all, does that job come to
mind?

A. Yes. 4th and Mission. It's Golden Gate
University.

Q. Okay. Was this new construction on the
university?

A. Not the part -- there was some new and
there was some old.

Q. What part were you working on?

A. ‘Both.

Q. Your interrogatory responses mention that
you worked there five weeks off and on for
Consolidated, but the year span is 1967 to 1972 or
1977 to 1981. It's a little unclear to me when
those five weeks were. Perhaps they were during
all of that time. I don't know. Can you fix that
for me?

A. I will do the best I can. I would say the
bulk of the time was from 1960 -- in the 60's to
the early 70's. And after that, 1977 or 1980, I

came back to Consolidated and I worked there

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somewhat.

Q. You mention in your interrogatory
responses that materials were delivered by -- in
part you do mention other suppliers, Slakey
Brothers, to that work site. Do you have a
recollection that Siakey Brothers made deliveries
of materials there?

A. Yes.

Q. For which one of the periods of time --
well, strike that. How many deliveries do you
remember from Slakey Brothers?

A. Just one.

Q. Which period of time was it, the earlier
or the latter?

A, Earlier.

Q. Were you working on new construction at
that time, new construction of the university when
you saw the delivery?

A. It all blends together. I mean I was back
and forth, back and forth. Yes. Yes. That's
when I saw the delivery. It was new construction.

Q. Was it the same or similar truck as the
one we have talked about already?

A. Yes.

Q. Did you talk to the driver?

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A. No.

Q. What, if anything, did you see on that
Slakey Brothers truck?

A. Transite pipe.

Q. Do you remember anything else on that
truck other than transite pipe?

A. No.

Q. Did you see the pipe unloaded from that
truck?

A. No.

Q. Did you see that pipe worked with in any
way other than just sitting on that truck?

A. I saw it in the trench later on. But
that's just for a moment I saw it in there. And
that's it.

Q@. It was already in the trench?

A. Yes.

Q. Did you see anybody touching that pipe at
anytime at that location?

A. No.

Q, Other than the three locations that we
have talked about, the Avon Refinery, the
courthouse building and this Golden Gate
University, did you see Slakey Brothers make any

deliveries anyplace else that you have worked?

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A. Not that IT can remember at this time.

Q. Do you know of any materials that Slakey
Brothers ever provided to any of your employers
for your work?

A. Not that I can remember at this time.

Q. Have you ever spoken to anyone that you
believe was employed by Slakey Brothers?

A. I can't be specific.

Q. You don’t know?

A. I might have. I don't remember at this
time.

Q. Do you know of any people, without
speculating, that you believe could provide more
information with regard to the questions I have
asked about Slakey Brothers?

MR. SOLOMON: Objection. The question is
vague.

THE WITNESS: They are all dead.
BY MR. ZACHARIN:

Q. So the answer is no?

A. Bob Robbins would have known. He was
my -- maybe Lou might have known. Could have
known. But, like I said, they are all dead.

Q. All right. Without speculating, do you

know of any documents that you could refer to that

Aiken Welch Reporters Robert Ross 07/13/2014