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BRyYDON
Huco & PARKER
135 MAIN SpREDT
20" FLO
Sart Francisco, CA 94108
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 22 2013
Clerk of the Court
BY: WESLEY G. RAMIREZ
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
NOTICE OF ERRATA REGARDING
SWINERTON BUILDERS’ MOTION FOR
SUMMARY JUDGMENT
Date:
Time:
Dept:
Judge:
May 9, 2013
9:30 a.m.
503
Hon. Teri L. Jackson
Complaint Filed:
Trial Date:
December 17, 2010
June 10, 2013
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
NOTICE 1S HEREBY GIVEN that Exhibit E as attached to the Declaration of Josette
D. Johnson in Support of SWINERTON BU.
LDERS’ Motion for Summary Judgment, filed
on February 20, 2013 in this action, is hereby replaced with the attached exhibit.
Dated: February 22, 2013
By:
BRYDON HUGO & PARKER
/s/ Josette D. Johnson.
Josette D. Johnson
Attorneys for Defendants
SWINERTON BUILDERS
1
NOTICE OF ERRATA REGARDING SWINERTON BUILDERS’ MOTION FOR SUMMARY JUDGMENTEXHIBIT EOo 0 On Oo a fF WO YP =
—
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
---Q00---
ROBERT ROSS,
Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,
Defendants.
DEPOSITION OF ROBERT ROSS
VOLUME II
(Page to 232 - 506)
Taken before EARLY K. LANGLEY, RMR
CSR No, 3537
February 21, 2008oOo © a NO oT FF WHY =
a
=
233
INDEX
PAGE
EXAMINATION BY MS. RASMUSSEN 245, 283, 306
313, 344, 364
373, 396, 410
432, 463
EXAMINATION BY MR. KASTER 258, 278
EXAMINATION BY MS. NAGPAL 271, 302, 305
330, 358, 360
371, 386, 396
407, 432, 439
494
EXAMINATION BY MS. FOSTER LOVAS = 278, 304, 339
363, 372, 388
408, 494
EXAMINATION BY MS. OKUMOTO 282, 339, 429
EXAMINATION BY MS. LEAHY 308
EXAMINATION BY MS. VOTAW 340
EXAMINATION BY MS. GAMBINO 360, 409, 428
EXAMINATION BY MR. SHIN 360, 372, 387
492, 503
4
EXAMINATION BY MR. JONES 388
EXAMINATION BY MR. NUSSBAUM 429
EXAMINATION BY MR. HOLL 439
EXAMINATION BY MS. TORESON 456
EXAMINATION BY MR. RELIFORD 477
EXHIBITS
DEFENDANTS' PAGE
D Document entitled "Exhibit A" 248
98 pages with handwriting
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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234
DEPOSITION OF ROBERT ROSS
BE IT REMEMBERED, that pursuant to Notice, and on
the 21st day of February 2008, commencing at the hour
of 9:07 a.m., in the offices of Aiken & Welch,
Incorporated, One Kaiser Plaza, Suite 505, Oakland,
California, before me, EARLY LANGLEY, a Certified
Shorthand Reporter, personally appeared ROBERT ROSS,
produced as a witness in said action, and being by me
first duly sworn, was thereupon examined as a witness
in said cause.
---000---
ERIC SOLOMON, Brayton Purcell, 222 Rush Landing
Road, Novato, California 94948, appeared on behalf of
the Plaintiff.
STEPHEN HARRINGTON, Clapp, Moroney, Bellagamba
and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno,
California 94066, appeared on behalf of the Defendant
Contra Costa Electric, Incorporated.
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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235
ERIN MCGAHEY, Sinunu, Bruni, LLP, 633 Pine
Street, Suite 400, San Francisco, California 94108,
appeared on behalf of the Defendants Valley Sheet
Metal; and Rosendin Electric, Incorporated.
SUSAN FRENCH, Archer Norris, 2033 North Main
Street, Suite 800, Walnut Creek, California 94596
appeared on behalf of the Defendants Cahill
Construction Company; Anderson, Rowe & Buckley; and
Frank Bonetti Plumbing, Incorporated.
SANDRA FOSTER LOVAS, Bassi, Martini, Edlin &
Blum, 351 California Street, Suite 200, San Francisco,
California 94104, appeared on behalf of the Defendant
Kaiser Gypsum Company, Incorporated.
VINEET K. SOOD, AT&T Services, Inc., 525 Market
Street, Room 2009, San Francisco, California 94105,
appeared on behaif of the Defendant Pacific Bell
Telephone Company.
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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236
ROBIN HART, Becherer, Kannett & Schweitzer,
2200 Powell Street, Suite 805, Emeryville, California
94608, appeared on behalf of the Defendants Bridgestone
Firestone; Dillingham Construction Corporation; and
Johnson Controls, Incorporated.
ESTIE A. MANCHIK (by telephone), Barg Coffin
Lewis & Trapp, 350 California Street, 22nd Floor, San
Francisco, California 94104, was present on behalf of
the Defendant The Board of Trustees of the Leland
Stanford Junior University.
JOHN KIRBY (in person and by telephone),
Burnham & Brown, 1901 Harrison Street, 11th Floor,
Oakland, California 94604, appeared on behalf of the
Defendants Golden Gate Drywall, Incorporated; and S.W.
Spencer & Son, Incorporated.
DREXWELL M. JONES, Buty & Curliano, 555 12th
Street, Suite 1280, Oakland, California 94607, appeared
on behalf of the Defendants Western Building Materials
Supply; and Beasley Plumbing.
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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JENNIFER RASMUSSEN, Pond North, 505 Montgomery
Street, 13th Floor, San Francisco, California 94111,
appeared on behalf of the Defendant Temporary Plant
Cleaners.
CYNTHIA SOLIMAN, Ericksen, Arbuthnot, Kilduff,
Day, 111 Sutter Street, Suite 575, San Francisco,
California 94104, appeared on behalf of the Defendant
Ampex Corporation.
ROLAND THE, Brydon, Hugo & Parker, 135 Main
Street, Suite 200, San Francisco, California 94105,
appeared on behaif of the Defendants Foster Wheeler
Corporation; Perini Corporation; and Fireman's Fund.
BEN HOLL (by telephone), Drinker, Biddle &
Reath LLP, 50 Fremont Street, 20th Floor, San
Francisco, California 94105, was present on behalf of
the Defendant Monsanto Corporation.
LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa
& McLeod, 1999 Harrison Street, 18th Floor, Oakland,
California 94612, appeared on behalf of the Defendant
Hewlett-Packard Company.
237
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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HOLLY ACEVEDO (by telephone), Filice, Brown,
Eassa & McLeod, 1999 Harrison Street, 18th Floor,
Oakland, California 94612, was present on behalf of the
Defendant Tosco Refining Company.
SABRINA AXT, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, California 94612, appeared on
behalf of the Defendants A&A Mechanical Contractors,
Incorporated; Fluor Corporation; and Raymond Interior
Systems-North.
ZACH LEWIS (by telephone), Dal Soglio &
Martens, 2250 East Imperial Highway, Suite 200, El
Segundo, California 90245, was present on behalf of the
Defendant Aerojet General Corporation.
MARY PAK, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, California 94612, appeared on
behalf of the Defendant D.W. Nicholson Corporation.
FAITH WOLINSKY (by telephone), Glaspy & Glaspy,
100 Pringle Avenue, Suite 750, Walnut Creek, California
94596, was present on behalf of the Defendant Fairmont
Hotel.
238
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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JOE SPATARO, Gordon & Rees, 275 Battery Street,
20th Floor, San Francisco, California 94111, appeared
on behaif of the Defendants Hussman Corporation; and
Rosendahi Corporation.
MARIA ZEYREK (by telephone), Haight, Brown &
Bonesteel, 100 Bush Street, 27th Floor, San Francisco,
California 94104, was present on behalf of the
Defendant Robert Shaw Controls Company.
GREGORY KIM (by telephone), Hassard Bonnington,
Two Embarcadero Center, 18th Floor, San Francisco,
California 94111, was present on behalf of the
Defendant Sequoia Ventures, Incorporated.
JUSTIN MCKENNA (by telephone), Bullivant Houser
Bailey, 1415 L Street, Suite 1000, Sacramento,
California 95814, was present on behalf of the
Defendant Louisiana-Pacific Corporation.
JOSHUA D. WHITE, Yaron & Associates, 601
California Street, 21st Floor, San Francisco,
California 94108, appeared on behalf of the Defendant
Todd Shipyards Corporation.
239
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behalf of the Defendants
D. Zelinsky & Sons, Incorporated; ITT Industries,
Incorporated; Metalciad Insulation Corporation; and
Rudolph & Sletten, Incorporated.
MARY ELLEN GAMBINO, Schiff Hardin, One Market
Spear Street Tower, San Francisco, California 94105,
appeared on behaif of the Defendant F.P. Lathrop
Construction Company.
ALBERT THUESEN (by telephone), Jackson &
Wallace, 55 Francisco Street, Suite 600, San Francisco,
California 94113, was present on behalf of the
Defendants Colgate-Palmolive Company; and Goodloe E.
Moore.
ANJALI NAGPAL, Lewis, Brisbois, Bisgaard &
Smith, One Sansome Street, 14th Floor, San Francisco,
California 94104, appeared on behalf of the Defendant
Plant Insulation Company.
240
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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STEVE LATHRAM, Lynch, Gilardi & Grummer, 475
Sansome Street, Suite 1800, San Francisco, California
94111, appeared on behalf of the Defendant Swinerton
Builders.
KATHY HUYNH (by telephone), Low, Ball & Lynch,
505 California Street, 7th Floor, San Francisco,
California 94111, was present on behalf of the
Defendants O.C. McDonald & Co.; and Cooper Brothers.
JEFF MINNERY (by telephone), Gibson, Dunn &
Crutcher, One Montgomery Street, Post Montgomery
Center, San Francisco, California 94104-4505, was
present on behalf of the Defendant Genentech,
Incorporated.
JANE BLUMBERG (by telephone), Prindle, Decker &
Amaro, 369 Pine Street, Suite 800, San Francisco,
California 94104, was present on behalf of the
Defendants Consolidated Insulation Company; Frederick
Meiswinkel, Incorporated; C.F. Braun Company; Triple A
Machine Shop; and Trane US, Incorporated.
244
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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CHRISTINE TORESON, Perkins Coie, 180 Townsend
Street, Third Floor, San Francisco, California 94107,
appeared on behalf of the Defendants Honeywell
International, Incorporated; and Georgia-Pacific
Corporation.
CONNIE LEAHY (by telephone), Sedgwick, Detert,
Moran & Arnold, One Market Plaza, Steuart Tower, 8th
Floor, San Francisco, California 94105, was present on
behalf of the Defendant PG&E.
ALLISON B. SUROWITZ, Selman Breitman, 33 New
Montgomery Street, Sixth Floor, San Francisco,
California 94105, appeared on behalf of the Defendants
Atlas Heating & Air Conditioning; and Douglass
Insulation Company.
LINDA S. VOTAW (by telephone), Manatt Phelps &
Phillips, One Embarcadero Center, Suite 3000, San
Francisco, California 94111, was present on behalf of
the Defendant Cal-Steam Supply, Incorporated.
242
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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ARTHUR J. RELIFORD, JR., P. STEPHEN FARDY,
Swanson, Martin & Bell LLP, 330 North Wabash, Chicago,
Illinois 60611, appeared on behalf of the Defendant
Earthgrains Baking Company, Incorporated.
STEVEN J. SHIN, Walsworth, Franklin, Bevins &
McCall, 601 Montgomery Street, 9th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, Incorporated; Oscar E.
Erickson, Incorporated; and The Henry Company.
KRISTI K. OKUMOTO, Walsworth, Franklin, Bevins
& McCall, 601 Montgomery Street, 9th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Thomas Dee Engineering Company; and Pierce
Enterprises.
BRIAN NUSSBAUM, Vasquez & Estrada LLP, 1000
Fourth Street, Avenue, Suite 700, San Rafael,
California 94901, appeared on behalf of the Defendants
FDCC, Incorporated; Lamons Metal Gasket Company;
Monterey Mechanical Company; and Scott Co.
243
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP =
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300
BY MS. RASMUSSEN:
a Please, go ahead, sir.
A. During the time we were there, welders used --
used asbestos cloth so they wouldn't burn people as
they were welding, and that got thrown around and
kicked around. Most all of them used it, you know, so
they wouldn't get any hot sparks on people, but they'd
get the asbestos on them.
a Do you know who employed the welders at PG&E
Pittsburg while you were there?
A. Not at this time, no.
a Do you know the brand name, manufacturer or
supplier of any of the welding cloth that the welders
were using?
A. No, ma'am.
Q. Did you ever wear a mask or respirator at PG&E
during this job in the 1959 to 1960 time period?
A. Yes, ma'am.
Q. What kind of mask or respirator did you use?
A. 3M paper mask.
Qa. And what duties were you performing when you
wore the 3M paper mask?
A. | constantly wore a mask all through my career.
That should answer a lot of questions.
Q. Was the mask provided to you by your employers?
Aiken & Welch Court Reporters Robert Ross 2/21/20080 Oo ON DO Oa FF WO NY =
=
506
STATE OF CALIFORNIA )
)
COUNTY OF ALAMEDA _ )
|, EARLY K. LANGLEY, do hereby certify:
That ROBERT ROSS, in the foregoing deposition
named, was present and by me sworn as a witness in the
above-entitled action at the time and place therein
specified;
That said deposition was taken before me at said
time and place, and was taken down in shorthand by me,
a Certified Shorthand Reporter of the State of
California, and was thereafter transcribed into
typewriting, and that the foregoing transcript
constitutes a full, true and correct report of said
deposition and of the proceedings that took place;
IN WITNESS WHEREOF, | have hereunder subscribed my
hand this 2nd day of March 2008.
EARLY K. LANGLEY, CSR Ne. 35
State of California
Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 6 On Oo a fF WO YP =
—
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
---Q00---
ROBERT ROSS,
Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,
Defendants.
DEPOSITION OF ROBERT ROSS
VOLUME Ill
(Pages 507 to 728)
Taken before EARLY K. LANGLEY, RMR
CSR No. 3537
February 22, 2008- Oo 0 ODO In ODO GO BF WN =
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EXAM
EXAM
EXAM
508
INDEX
PAGE
NATION BY MR. JONES 519, 539, 561
570, 578, 621
623, 642, 673
699, 719
NATION BY MR. KIRBY 520
NATION BY MS. FOSTER LOVAS 528, 559, 576
620, 630, 670
708
NATION BY MR. SHIN 528, 560, 632
695, 708
NATION BY MS. FRENCH 529
NATION BY MS. NAGPAL 537, 554, 619
620, 629, 631
668
NATION BY MS. GAMBINO 558
NATION BY MS. CHAVEZ 560, 665
NATION BY MR. NUSSBAUM 562, 622, 715
NATION BY MS. LEAHY 565
NATION BY MR. HARRINGTON 575
NATION BY MR. SHAFFER 582, 622, 631
670
NATION BY MS. OKUMOTO 630, 672
NATION BY MR. HEIN 651
NATION BY MS. BLUMBERG 675, 719
NATION BY MS. MCGAHEY 688
NATION BY MR. SOOD 708
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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509
DEPOSITION OF ROBERT ROSS
BE IT REMEMBERED, that pursuant to Notice, and on
the 22nd day of February 2008, commencing at the hour
of 9:08 a.m., in the offices of Aiken & Welch,
Incorporated, One Kaiser Plaza, Suite 505, Oakland,
California, before me, EARLY LANGLEY, a Certified
Shorthand Reporter, personally appeared ROBERT ROSS,
produced as a witness in said action, and being by me
first duly sworn, was thereupon examined as a witness
in said cause.
---000---
ERIC SOLOMON, Brayton Purcell, 222 Rush Landing
Road, Novato, California 94948, appeared on behalf of
the Plaintiff.
STEPHEN HARRINGTON, Clapp, Moroney, Bellagamba
and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno,
California 94066, appeared on behalf of the Defendant
Contra Costa Electric, Incorporated.
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
—
ERIN MCGAHEY (by telephone), Sinunu, Bruni,
LLP, 633 Pine Street, Suite 400, San Francisco,
California 94108, was present on behalf of the
Defendants Valley Sheet Metal; and Rosendin Electric,
incorporated.
SUSAN FRENCH, Archer Norris, 2033 North Main
Street, Suite 800, Walnut Creek, California 94596,
appeared on behalf of the Defendants Cahill
Construction Company; Anderson, Rowe & Buckley; and
Frank Bonetti Plumbing, Incorporated.
SANDRA FOSTER LOVAS, Bassi, Martini, Edlin &
Blum, 351 California Street, Suite 200, San Francisco,
California 94104, appeared on behalf of the Defendant
Kaiser Gypsum Company, Incorporated.
VINEET K. SOOD, AT&T Services, Inc., 525 Market
Street, Room 2009, San Francisco, California 94105,
appeared on behalf of the Defendant Pacific Bell
Telephone Company.
510
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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ROBIN HART (by telephone), Becherer, Kannett &
Schweitzer, 2200 Powell Street, Suite 805, Emeryville,
California 94608, was present on behalf of the
Defendants Bridgestone Firestone; Dillingham
Construction Corporation; and Johnson Controls,
Incorporated.
ESTIE A. MANCHIK, KATHRYN OEHLSCHLAGER (by
telephone), Barg Coffin Lewis & Trapp, 350 California
Street, 22nd Floor, San Francisco, California 94104,
was present on behalf of the Defendant The Board of
Trustees of the Leland Stanford Junior University.
JOHN KIRBY, Burnham & Brown, 1901 Harrison
Street, 11th Floor, Oakland, California 94604, appeared
on behalf of the Defendant Golden Gate Drywall,
Incorporated.
JEFF GILLESPIE, Burnham & Brown, 1901 Harrison
Street, 11th Floor, Oakland, California 94604, appeared
on behaif of the Defendant S.W. Spencer & Son,
incorporated.
511
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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DREXWELL M. JONES, Buty & Curliano, 555 12th
Street, Suite 1280, Oakland, California 94607, appeared
on behaif of the Defendants Western Building Materials
Supply; and Beasley Plumbing.
CARLOS SILVA (by telephone), Pond North, 505
Montgomery Street, 13th Floor, San Francisco,
California 94111, was present on behalf of the
Defendant Temporary Plant Cleaners.
CLINTON S. HEIN, Ericksen, Arbuthnot, Kilduff,
Day, 111 Sutter Street, Suite 575, San Francisco,
California 94104, appeared on behalf of the Defendant
Ampex Corporation.
ROLAND THE, Brydon, Hugo & Parker, 135 Main
Street, Suite 200, San Francisco, California 94105,
appeared on behalf of the Defendants Foster Wheeler
Corporation; Perini Corporation; and Fireman's Fund.
HOLLY ACEVEDO (by telephone), Filice, Brown,
Eassa & McLeod, 1999 Harrison Street, 18th Floor,
Oakland, California 94612, was present on behalf of the
Defendant Tosco Refining Company.
512
Aiken & Welch Court Reporters R. Ross, V.3
2-22-08Oo 6 On Oo a fF WO YP =
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SABRINA AXT, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, California 94612, appeared on
behalf of the Defendants A&A Mechanical Contractors,
Incorporated; Fluor Corporation; and Raymond Interior
Systems-North.
ZACH LEWIS (by telephone), Dal Soglio &
Martens, 2250 East Imperial Highway, Suite 200, E|
Segundo, California 90245, was present on behalf of the
Defendant Aerojet General Corporation.
MARY PAK, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, California 94612, appeared on
behalf of the Defendant D.W. Nicholson Corporation.
FAITH WOLINSKY (by telephone), Glaspy & Glaspy,
100 Pringle Avenue, Suite 750, Walnut Creek, California
94596, was present on behalf of the Defendant Fairmont
Hotel.
JOE SPATARO, Gordon & Rees, 275 Battery Street,
20th Floor, San Francisco, California 94111, appeared
on behalf of the Defendants Hussman Corporation; and
Rosendahl Corporation.
513
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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514
MARIA ZEYREK (by telephone), Haight, Brown &
Bonesteel, 100 Bush Street, 27th Floor San Francisco,
California 94104, was present on behalf of the
Defendant Robert Shaw Controls Company.
GREGORY KIM (by telephone), Hassard Bonnington,
Two Embarcadero Center, 18th Floor, San Francisco,
California 94111, was present on behalf of the
Defendant Sequoia Ventures, Incorporated
JUSTIN MCKENNA (by telephone), Bullivant Houser
Bailey, 1415 L Street, Suite 1000, Sacramento,
California 95814, was present on behalf of the
Defendant Louisiana-Pacific Corporation.
NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behalf of the Defendants
D: Zelinsky & Sons, incorporated; ITT Industries,
Incorporated; Metalclad Insulation Corporation; and
Rudolph & Sletten.
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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MARY ELLEN GAMBINO, Schiff Hardin, One Market
Spear Street Tower, San Francisco, California 94105,
appeared on behalf of the Defendant F.P. Lathrop
Construction Company.
SCOTT SHAFFER, Jackson & Wallace, 55 Francisco
Street, Suite 600, San Francisco, California 94113,
appeared on behalf of the Defendants Colgate-Palmolive
Company; and Goodloe E. Moore.
ANJALI NAGPAL, Lewis, Brisbois, Bisgaard &
Smith, One Sansome Street, 14th Floor, San Francisco,
California 94104, appeared on behalf of the Defendant
Plant Insulation Company.
STEVE LATHRAM, Lynch, Gilardi & Grummer, 475
Sansome Street, Suite 1800, San Francisco, California
94111, appeared on behalf of the Defendant Swinerton
Builders.
KATHY HUYNH (by telephone), Low, Ball & Lynch,
505 California Street, 7th Floor, San Francisco,
California, 94111, was present on behalf of the
Defendants 0.C. McDonald & Co.; and Cooper Brothers.
515
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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JEFF MINNERY (by telephone), Gibson, Dunn &
Crutcher, One Montgomery Street, Post Montgomery
Center, San Francisco, California 94104-4505, was
present on behalf of the Defendant Genentech,
incorporated.
JANE BLUMBERG (present and by telephone),
Prindle, Decker & Amaro, 369 Pine Street, Suite 800,
San Francisco, California 94104, appeared on behalf of
the Defendants Consolidated Insulation Company;
Frederick Meiswinkel, Incorporated; C.F. Braun Company;
Triple A Machine Shop; and Trane US, Incorporated.
CHRISTINE TORESON, Perkins Coie, 180 Townsend
Street, Third Floor, San Francisco, California 94107,
appeared on behalf of the Defendants Honeywell
International, Incorporated; and Georgia-Pacific
Corporation.
CONNIE LEAHY (by telephone), Sedgwick, Detert,
Moran & Arnold, One Market Plaza, Steuart Tower, 8th
Floor, San Francisco, California 94105, was present on
behalf of the Defendant PG&E.
516
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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ALLISON B. SUROWITZ (by telephone), Selman
Breitman, 33 New Montgomery Street, Sixth Floor, San
Francisco, California 94105, was present on behalf of
the Defendants Atlas Heating & Air Conditioning; and
Douglass Insulation Company.
VLAD LUSKIN (by telephone), Manatt Phelps &
Phillips, One Embarcadero Center, Suite 3000, San
Francisco, California 94111, was present on behalf of
the Defendant Cal-Steam Supply, Incorporated.
KELLY WALLER (by telephone), Swanson, Martin &
Bell LLP, 330 North Wabash, Chicago, IHinois 60611,
was present on behalf of the Defendant Earthgrains
Baking Company, Incorporated
STEVE SHIN, Walsworth, Franklin, Bevins &
McCall, 601 Montgomery Street, 9th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, Incorporated; Oscar E.
Erickson, Incorporated; and The Henry Company.
517
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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KRISTI K. OKUMOTO, Walsworth, Franklin, Bevins
& McCall, 601 Montgomery Street, 9th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Thomas Dee Engineering Company; and Pierce
Enterprises.
BRIAN NUSSBAUM (by telephone), Vasquez &
Estrada LLP, 1000 Fourth Street, Avenue, Suite 700, San
Rafael, California 94901, was present on behalf of the
Defendant FDCC, Incorporated; Lamons Metal Gasket
Company; Monterey Mechanical Company; and Scott Co.
JOSHUA DB, WHITE, Yaron & Associates, 601
California Street, 21st Floor, San Francisco,
California 94108, appeared on behalf of the Defendant
Todd Shipyards Corporation.
518
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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571
BY MR. JONES:
Q So you at one point, you had remembered the
brand names --
A. Yes, sir, | did.
a -- of this equipment, and you transmitted that
material. It did not make it into Exhibit D, and you
just got the information back from the paralegal?
A. That's correct.
Q Okay. And what was the brand name of the other
boiler that was -- or the boilers, sorry, at the
location?
A. Babcock & Wilcox. They were both there.
MR. JONES: Any follow-up on this?
BY MR. JONES:
Q. Sir, let's just change gears a little bit.
I'm curious to know a little bit about your
training as an insulator.
You became an apprentice in 1959; is that
correct?
A. Yes, sir.
Q. And you were an apprentice with Local 16?
A. Yes, sir.
Q. How long were you an apprentice?
A. Approximately four years.
Q. And so you turned out in about '61, ‘627
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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572
A. ll look at a job and | can tell you.
Q. Great. What job is it?
A. | have to look and see here. | know it was
Western Asbestos.
Weill, I'd say '64. Sometime in '64.
Q. Okay.
A. | was a late bloomer.
Q. Did your apprenticeship compose -- consist of
class work and hands-on training or one of those or
both?
A. Both.
a. And did any of the class work that you have
involve discussions or education about asbestos?
A. No, sir.
Q. Okay. After your initial apprenticeship
training, did you ever have any additional training by
the union or, yeah, by the union?
A. No, sir.
Q. Did you -- have you belonged -- let me ask it
this way.
You joined Local 16.
How long were you a member of that union?
A. I'm still a member.
Q And, have you attended meetings -- let me ask
this way.
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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Are you required to attend at least one meeting
for the union a year?
A. Yes, sir.
Q. Did you ever attend more than one meeting at
any given year?
A. On occasion. | don't want to say. Not very
often.
Q. Do you recall being at any meetings at the
union where asbestos was discussed?
A. No, sir.
Q. At some point in, | believe, | think it was the
‘80s, was there additional certification that an
insulator needed in order to work with asbestos
materials?
MR. SOLOMON: Objection. Vague.
THE WITNESS: | can't -- | can't be specific,
but | remember something about that.
BY MR. JONES:
Q. Did you ever receive any training or | think it
was that you get a different colored card ora
different certification to work with asbestos during
the '80s. Did you ever get that certification?
A. No, sir. | believe you're referring to bat
training, they refer to that as.
Q: Was there a point in your insulation career
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP =
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728
STATE OF CALIFORNIA )
)
COUNTY OF ALAMEDA)
|, EARLY K. LANGLEY, do hereby certify:
That ROBERT ROSS, in the foregoing deposition
named, was present and by me sworn as a witness in the
above-entitled action at the time and place therein
specified;
That said deposition was taken before me at said
time and place, and was taken down in shorthand by me,
a Certified Shorthand Reporter of the State of
California, and was thereafter transcribed into
typewriting, and that the foregoing transcript
constitutes a full, true and correct report of said
deposition and of the proceedings that took place;
IN WITNESS WHEREOF, | have hereunder subscribed my
hand this 4th day of March 2008.
EARLY K. LANGLEY, CSR No. 3537
State of California
Aiken & Welch Court Reporters R. Ross, V.3 2-22-08wo © NI DH FPF WN
RN MY NY BR RN RR me
oD AA F&F YB NH = SO we I DH BB YW HY SK
Ross, Robert & Jean
San Francisco County Superior Court Case No. CGC-10-275731
LexisNexis Transaction No. 49706727
PROOF OF SERVICE
Tama 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, ¢ alifornia 94105. On the date below, I served the following:
NOTICE OF ERRATA REGARDING SWINERTON BUILDERS’ MOTION FOR
SUMMARY JUDGMENT
on the following:
LexisNexis Electronic Service List
BRAYTON PURCELL LLP
222 Rush Landing Road
Novato, CA 9494.
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. (All Parties)
o By transmitting via facsimile the document(s) listed above to the fax
o 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.
X_ By requesting Nationwide Legal to personally deliver the document(s)
listed above to the person(s) at the address(es) set forth above. (Plaintiff
Only)
I declare under penalty of perjury that the above is true and correct.
Executed on February 22, 3005. at San Francisco, California.
2Warnds CO. Chasedun
Wanda D. Claudio
PROOF OF SERVICE
Preview
co CU GF SD TR DW Re m oO PN De FF WwW N BRyYDON Huco & PARKER 135 MAIN SpREDT 20" FLO Sart Francisco, CA 94108 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 22 2013 Clerk of the Court BY: WESLEY G. RAMIREZ 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 NOTICE OF ERRATA REGARDING SWINERTON BUILDERS’ MOTION FOR SUMMARY JUDGMENT Date: Time: Dept: Judge: May 9, 2013 9:30 a.m. 503 Hon. Teri L. Jackson Complaint Filed: Trial Date: December 17, 2010 June 10, 2013 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE 1S HEREBY GIVEN that Exhibit E as attached to the Declaration of Josette D. Johnson in Support of SWINERTON BU. LDERS’ Motion for Summary Judgment, filed on February 20, 2013 in this action, is hereby replaced with the attached exhibit. Dated: February 22, 2013 By: BRYDON HUGO & PARKER /s/ Josette D. Johnson. Josette D. Johnson Attorneys for Defendants SWINERTON BUILDERS 1 NOTICE OF ERRATA REGARDING SWINERTON BUILDERS’ MOTION FOR SUMMARY JUDGMENTEXHIBIT EOo 0 On Oo a fF WO YP = — IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO ---Q00--- ROBERT ROSS, Plaintiff, vs. No. 274099 ASBESTOS DEFENDANTS, Defendants. DEPOSITION OF ROBERT ROSS VOLUME II (Page to 232 - 506) Taken before EARLY K. LANGLEY, RMR CSR No, 3537 February 21, 2008oOo © a NO oT FF WHY = a = 233 INDEX PAGE EXAMINATION BY MS. RASMUSSEN 245, 283, 306 313, 344, 364 373, 396, 410 432, 463 EXAMINATION BY MR. KASTER 258, 278 EXAMINATION BY MS. NAGPAL 271, 302, 305 330, 358, 360 371, 386, 396 407, 432, 439 494 EXAMINATION BY MS. FOSTER LOVAS = 278, 304, 339 363, 372, 388 408, 494 EXAMINATION BY MS. OKUMOTO 282, 339, 429 EXAMINATION BY MS. LEAHY 308 EXAMINATION BY MS. VOTAW 340 EXAMINATION BY MS. GAMBINO 360, 409, 428 EXAMINATION BY MR. SHIN 360, 372, 387 492, 503 4 EXAMINATION BY MR. JONES 388 EXAMINATION BY MR. NUSSBAUM 429 EXAMINATION BY MR. HOLL 439 EXAMINATION BY MS. TORESON 456 EXAMINATION BY MR. RELIFORD 477 EXHIBITS DEFENDANTS' PAGE D Document entitled "Exhibit A" 248 98 pages with handwriting Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — 234 DEPOSITION OF ROBERT ROSS BE IT REMEMBERED, that pursuant to Notice, and on the 21st day of February 2008, commencing at the hour of 9:07 a.m., in the offices of Aiken & Welch, Incorporated, One Kaiser Plaza, Suite 505, Oakland, California, before me, EARLY LANGLEY, a Certified Shorthand Reporter, personally appeared ROBERT ROSS, produced as a witness in said action, and being by me first duly sworn, was thereupon examined as a witness in said cause. ---000--- ERIC SOLOMON, Brayton Purcell, 222 Rush Landing Road, Novato, California 94948, appeared on behalf of the Plaintiff. STEPHEN HARRINGTON, Clapp, Moroney, Bellagamba and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno, California 94066, appeared on behalf of the Defendant Contra Costa Electric, Incorporated. Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — 235 ERIN MCGAHEY, Sinunu, Bruni, LLP, 633 Pine Street, Suite 400, San Francisco, California 94108, appeared on behalf of the Defendants Valley Sheet Metal; and Rosendin Electric, Incorporated. SUSAN FRENCH, Archer Norris, 2033 North Main Street, Suite 800, Walnut Creek, California 94596 appeared on behalf of the Defendants Cahill Construction Company; Anderson, Rowe & Buckley; and Frank Bonetti Plumbing, Incorporated. SANDRA FOSTER LOVAS, Bassi, Martini, Edlin & Blum, 351 California Street, Suite 200, San Francisco, California 94104, appeared on behalf of the Defendant Kaiser Gypsum Company, Incorporated. VINEET K. SOOD, AT&T Services, Inc., 525 Market Street, Room 2009, San Francisco, California 94105, appeared on behaif of the Defendant Pacific Bell Telephone Company. Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — 236 ROBIN HART, Becherer, Kannett & Schweitzer, 2200 Powell Street, Suite 805, Emeryville, California 94608, appeared on behalf of the Defendants Bridgestone Firestone; Dillingham Construction Corporation; and Johnson Controls, Incorporated. ESTIE A. MANCHIK (by telephone), Barg Coffin Lewis & Trapp, 350 California Street, 22nd Floor, San Francisco, California 94104, was present on behalf of the Defendant The Board of Trustees of the Leland Stanford Junior University. JOHN KIRBY (in person and by telephone), Burnham & Brown, 1901 Harrison Street, 11th Floor, Oakland, California 94604, appeared on behalf of the Defendants Golden Gate Drywall, Incorporated; and S.W. Spencer & Son, Incorporated. DREXWELL M. JONES, Buty & Curliano, 555 12th Street, Suite 1280, Oakland, California 94607, appeared on behalf of the Defendants Western Building Materials Supply; and Beasley Plumbing. Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — JENNIFER RASMUSSEN, Pond North, 505 Montgomery Street, 13th Floor, San Francisco, California 94111, appeared on behalf of the Defendant Temporary Plant Cleaners. CYNTHIA SOLIMAN, Ericksen, Arbuthnot, Kilduff, Day, 111 Sutter Street, Suite 575, San Francisco, California 94104, appeared on behalf of the Defendant Ampex Corporation. ROLAND THE, Brydon, Hugo & Parker, 135 Main Street, Suite 200, San Francisco, California 94105, appeared on behaif of the Defendants Foster Wheeler Corporation; Perini Corporation; and Fireman's Fund. BEN HOLL (by telephone), Drinker, Biddle & Reath LLP, 50 Fremont Street, 20th Floor, San Francisco, California 94105, was present on behalf of the Defendant Monsanto Corporation. LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa & McLeod, 1999 Harrison Street, 18th Floor, Oakland, California 94612, appeared on behalf of the Defendant Hewlett-Packard Company. 237 Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — HOLLY ACEVEDO (by telephone), Filice, Brown, Eassa & McLeod, 1999 Harrison Street, 18th Floor, Oakland, California 94612, was present on behalf of the Defendant Tosco Refining Company. SABRINA AXT, Foley & Mansfield, 1111 Broadway, 10th Floor, Oakland, California 94612, appeared on behalf of the Defendants A&A Mechanical Contractors, Incorporated; Fluor Corporation; and Raymond Interior Systems-North. ZACH LEWIS (by telephone), Dal Soglio & Martens, 2250 East Imperial Highway, Suite 200, El Segundo, California 90245, was present on behalf of the Defendant Aerojet General Corporation. MARY PAK, Foley & Mansfield, 1111 Broadway, 10th Floor, Oakland, California 94612, appeared on behalf of the Defendant D.W. Nicholson Corporation. FAITH WOLINSKY (by telephone), Glaspy & Glaspy, 100 Pringle Avenue, Suite 750, Walnut Creek, California 94596, was present on behalf of the Defendant Fairmont Hotel. 238 Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — JOE SPATARO, Gordon & Rees, 275 Battery Street, 20th Floor, San Francisco, California 94111, appeared on behaif of the Defendants Hussman Corporation; and Rosendahi Corporation. MARIA ZEYREK (by telephone), Haight, Brown & Bonesteel, 100 Bush Street, 27th Floor, San Francisco, California 94104, was present on behalf of the Defendant Robert Shaw Controls Company. GREGORY KIM (by telephone), Hassard Bonnington, Two Embarcadero Center, 18th Floor, San Francisco, California 94111, was present on behalf of the Defendant Sequoia Ventures, Incorporated. JUSTIN MCKENNA (by telephone), Bullivant Houser Bailey, 1415 L Street, Suite 1000, Sacramento, California 95814, was present on behalf of the Defendant Louisiana-Pacific Corporation. JOSHUA D. WHITE, Yaron & Associates, 601 California Street, 21st Floor, San Francisco, California 94108, appeared on behalf of the Defendant Todd Shipyards Corporation. 239 Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge, 101 California Street, 41st Floor, San Francisco, California 94111, appeared on behalf of the Defendants D. Zelinsky & Sons, Incorporated; ITT Industries, Incorporated; Metalciad Insulation Corporation; and Rudolph & Sletten, Incorporated. MARY ELLEN GAMBINO, Schiff Hardin, One Market Spear Street Tower, San Francisco, California 94105, appeared on behaif of the Defendant F.P. Lathrop Construction Company. ALBERT THUESEN (by telephone), Jackson & Wallace, 55 Francisco Street, Suite 600, San Francisco, California 94113, was present on behalf of the Defendants Colgate-Palmolive Company; and Goodloe E. Moore. ANJALI NAGPAL, Lewis, Brisbois, Bisgaard & Smith, One Sansome Street, 14th Floor, San Francisco, California 94104, appeared on behalf of the Defendant Plant Insulation Company. 240 Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — STEVE LATHRAM, Lynch, Gilardi & Grummer, 475 Sansome Street, Suite 1800, San Francisco, California 94111, appeared on behalf of the Defendant Swinerton Builders. KATHY HUYNH (by telephone), Low, Ball & Lynch, 505 California Street, 7th Floor, San Francisco, California 94111, was present on behalf of the Defendants O.C. McDonald & Co.; and Cooper Brothers. JEFF MINNERY (by telephone), Gibson, Dunn & Crutcher, One Montgomery Street, Post Montgomery Center, San Francisco, California 94104-4505, was present on behalf of the Defendant Genentech, Incorporated. JANE BLUMBERG (by telephone), Prindle, Decker & Amaro, 369 Pine Street, Suite 800, San Francisco, California 94104, was present on behalf of the Defendants Consolidated Insulation Company; Frederick Meiswinkel, Incorporated; C.F. Braun Company; Triple A Machine Shop; and Trane US, Incorporated. 244 Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — CHRISTINE TORESON, Perkins Coie, 180 Townsend Street, Third Floor, San Francisco, California 94107, appeared on behalf of the Defendants Honeywell International, Incorporated; and Georgia-Pacific Corporation. CONNIE LEAHY (by telephone), Sedgwick, Detert, Moran & Arnold, One Market Plaza, Steuart Tower, 8th Floor, San Francisco, California 94105, was present on behalf of the Defendant PG&E. ALLISON B. SUROWITZ, Selman Breitman, 33 New Montgomery Street, Sixth Floor, San Francisco, California 94105, appeared on behalf of the Defendants Atlas Heating & Air Conditioning; and Douglass Insulation Company. LINDA S. VOTAW (by telephone), Manatt Phelps & Phillips, One Embarcadero Center, Suite 3000, San Francisco, California 94111, was present on behalf of the Defendant Cal-Steam Supply, Incorporated. 242 Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — ARTHUR J. RELIFORD, JR., P. STEPHEN FARDY, Swanson, Martin & Bell LLP, 330 North Wabash, Chicago, Illinois 60611, appeared on behalf of the Defendant Earthgrains Baking Company, Incorporated. STEVEN J. SHIN, Walsworth, Franklin, Bevins & McCall, 601 Montgomery Street, 9th Floor, San Francisco, California 94111, appeared on behalf of the Defendants Cleaver-Brooks, Incorporated; Oscar E. Erickson, Incorporated; and The Henry Company. KRISTI K. OKUMOTO, Walsworth, Franklin, Bevins & McCall, 601 Montgomery Street, 9th Floor, San Francisco, California 94111, appeared on behalf of the Defendants Thomas Dee Engineering Company; and Pierce Enterprises. BRIAN NUSSBAUM, Vasquez & Estrada LLP, 1000 Fourth Street, Avenue, Suite 700, San Rafael, California 94901, appeared on behalf of the Defendants FDCC, Incorporated; Lamons Metal Gasket Company; Monterey Mechanical Company; and Scott Co. 243 Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 0 On Oo a fF WO YP = — 300 BY MS. RASMUSSEN: a Please, go ahead, sir. A. During the time we were there, welders used -- used asbestos cloth so they wouldn't burn people as they were welding, and that got thrown around and kicked around. Most all of them used it, you know, so they wouldn't get any hot sparks on people, but they'd get the asbestos on them. a Do you know who employed the welders at PG&E Pittsburg while you were there? A. Not at this time, no. a Do you know the brand name, manufacturer or supplier of any of the welding cloth that the welders were using? A. No, ma'am. Q. Did you ever wear a mask or respirator at PG&E during this job in the 1959 to 1960 time period? A. Yes, ma'am. Q. What kind of mask or respirator did you use? A. 3M paper mask. Qa. And what duties were you performing when you wore the 3M paper mask? A. | constantly wore a mask all through my career. That should answer a lot of questions. Q. Was the mask provided to you by your employers? Aiken & Welch Court Reporters Robert Ross 2/21/20080 Oo ON DO Oa FF WO NY = = 506 STATE OF CALIFORNIA ) ) COUNTY OF ALAMEDA _ ) |, EARLY K. LANGLEY, do hereby certify: That ROBERT ROSS, in the foregoing deposition named, was present and by me sworn as a witness in the above-entitled action at the time and place therein specified; That said deposition was taken before me at said time and place, and was taken down in shorthand by me, a Certified Shorthand Reporter of the State of California, and was thereafter transcribed into typewriting, and that the foregoing transcript constitutes a full, true and correct report of said deposition and of the proceedings that took place; IN WITNESS WHEREOF, | have hereunder subscribed my hand this 2nd day of March 2008. EARLY K. LANGLEY, CSR Ne. 35 State of California Aiken & Welch Court Reporters Robert Ross 2/21/2008Oo 6 On Oo a fF WO YP = — IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO ---Q00--- ROBERT ROSS, Plaintiff, vs. No. 274099 ASBESTOS DEFENDANTS, Defendants. DEPOSITION OF ROBERT ROSS VOLUME Ill (Pages 507 to 728) Taken before EARLY K. LANGLEY, RMR CSR No. 3537 February 22, 2008- Oo 0 ODO In ODO GO BF WN = sak kk ona k wo DN soos oOo mi Ny NHN NM NN =| o n = O © Ny BR a #& EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM EXAM 508 INDEX PAGE NATION BY MR. JONES 519, 539, 561 570, 578, 621 623, 642, 673 699, 719 NATION BY MR. KIRBY 520 NATION BY MS. FOSTER LOVAS 528, 559, 576 620, 630, 670 708 NATION BY MR. SHIN 528, 560, 632 695, 708 NATION BY MS. FRENCH 529 NATION BY MS. NAGPAL 537, 554, 619 620, 629, 631 668 NATION BY MS. GAMBINO 558 NATION BY MS. CHAVEZ 560, 665 NATION BY MR. NUSSBAUM 562, 622, 715 NATION BY MS. LEAHY 565 NATION BY MR. HARRINGTON 575 NATION BY MR. SHAFFER 582, 622, 631 670 NATION BY MS. OKUMOTO 630, 672 NATION BY MR. HEIN 651 NATION BY MS. BLUMBERG 675, 719 NATION BY MS. MCGAHEY 688 NATION BY MR. SOOD 708 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — 509 DEPOSITION OF ROBERT ROSS BE IT REMEMBERED, that pursuant to Notice, and on the 22nd day of February 2008, commencing at the hour of 9:08 a.m., in the offices of Aiken & Welch, Incorporated, One Kaiser Plaza, Suite 505, Oakland, California, before me, EARLY LANGLEY, a Certified Shorthand Reporter, personally appeared ROBERT ROSS, produced as a witness in said action, and being by me first duly sworn, was thereupon examined as a witness in said cause. ---000--- ERIC SOLOMON, Brayton Purcell, 222 Rush Landing Road, Novato, California 94948, appeared on behalf of the Plaintiff. STEPHEN HARRINGTON, Clapp, Moroney, Bellagamba and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno, California 94066, appeared on behalf of the Defendant Contra Costa Electric, Incorporated. Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — ERIN MCGAHEY (by telephone), Sinunu, Bruni, LLP, 633 Pine Street, Suite 400, San Francisco, California 94108, was present on behalf of the Defendants Valley Sheet Metal; and Rosendin Electric, incorporated. SUSAN FRENCH, Archer Norris, 2033 North Main Street, Suite 800, Walnut Creek, California 94596, appeared on behalf of the Defendants Cahill Construction Company; Anderson, Rowe & Buckley; and Frank Bonetti Plumbing, Incorporated. SANDRA FOSTER LOVAS, Bassi, Martini, Edlin & Blum, 351 California Street, Suite 200, San Francisco, California 94104, appeared on behalf of the Defendant Kaiser Gypsum Company, Incorporated. VINEET K. SOOD, AT&T Services, Inc., 525 Market Street, Room 2009, San Francisco, California 94105, appeared on behalf of the Defendant Pacific Bell Telephone Company. 510 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — ROBIN HART (by telephone), Becherer, Kannett & Schweitzer, 2200 Powell Street, Suite 805, Emeryville, California 94608, was present on behalf of the Defendants Bridgestone Firestone; Dillingham Construction Corporation; and Johnson Controls, Incorporated. ESTIE A. MANCHIK, KATHRYN OEHLSCHLAGER (by telephone), Barg Coffin Lewis & Trapp, 350 California Street, 22nd Floor, San Francisco, California 94104, was present on behalf of the Defendant The Board of Trustees of the Leland Stanford Junior University. JOHN KIRBY, Burnham & Brown, 1901 Harrison Street, 11th Floor, Oakland, California 94604, appeared on behalf of the Defendant Golden Gate Drywall, Incorporated. JEFF GILLESPIE, Burnham & Brown, 1901 Harrison Street, 11th Floor, Oakland, California 94604, appeared on behaif of the Defendant S.W. Spencer & Son, incorporated. 511 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — DREXWELL M. JONES, Buty & Curliano, 555 12th Street, Suite 1280, Oakland, California 94607, appeared on behaif of the Defendants Western Building Materials Supply; and Beasley Plumbing. CARLOS SILVA (by telephone), Pond North, 505 Montgomery Street, 13th Floor, San Francisco, California 94111, was present on behalf of the Defendant Temporary Plant Cleaners. CLINTON S. HEIN, Ericksen, Arbuthnot, Kilduff, Day, 111 Sutter Street, Suite 575, San Francisco, California 94104, appeared on behalf of the Defendant Ampex Corporation. ROLAND THE, Brydon, Hugo & Parker, 135 Main Street, Suite 200, San Francisco, California 94105, appeared on behalf of the Defendants Foster Wheeler Corporation; Perini Corporation; and Fireman's Fund. HOLLY ACEVEDO (by telephone), Filice, Brown, Eassa & McLeod, 1999 Harrison Street, 18th Floor, Oakland, California 94612, was present on behalf of the Defendant Tosco Refining Company. 512 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — SABRINA AXT, Foley & Mansfield, 1111 Broadway, 10th Floor, Oakland, California 94612, appeared on behalf of the Defendants A&A Mechanical Contractors, Incorporated; Fluor Corporation; and Raymond Interior Systems-North. ZACH LEWIS (by telephone), Dal Soglio & Martens, 2250 East Imperial Highway, Suite 200, E| Segundo, California 90245, was present on behalf of the Defendant Aerojet General Corporation. MARY PAK, Foley & Mansfield, 1111 Broadway, 10th Floor, Oakland, California 94612, appeared on behalf of the Defendant D.W. Nicholson Corporation. FAITH WOLINSKY (by telephone), Glaspy & Glaspy, 100 Pringle Avenue, Suite 750, Walnut Creek, California 94596, was present on behalf of the Defendant Fairmont Hotel. JOE SPATARO, Gordon & Rees, 275 Battery Street, 20th Floor, San Francisco, California 94111, appeared on behalf of the Defendants Hussman Corporation; and Rosendahl Corporation. 513 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — 514 MARIA ZEYREK (by telephone), Haight, Brown & Bonesteel, 100 Bush Street, 27th Floor San Francisco, California 94104, was present on behalf of the Defendant Robert Shaw Controls Company. GREGORY KIM (by telephone), Hassard Bonnington, Two Embarcadero Center, 18th Floor, San Francisco, California 94111, was present on behalf of the Defendant Sequoia Ventures, Incorporated JUSTIN MCKENNA (by telephone), Bullivant Houser Bailey, 1415 L Street, Suite 1000, Sacramento, California 95814, was present on behalf of the Defendant Louisiana-Pacific Corporation. NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge, 101 California Street, 41st Floor, San Francisco, California 94111, appeared on behalf of the Defendants D: Zelinsky & Sons, incorporated; ITT Industries, Incorporated; Metalclad Insulation Corporation; and Rudolph & Sletten. Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — MARY ELLEN GAMBINO, Schiff Hardin, One Market Spear Street Tower, San Francisco, California 94105, appeared on behalf of the Defendant F.P. Lathrop Construction Company. SCOTT SHAFFER, Jackson & Wallace, 55 Francisco Street, Suite 600, San Francisco, California 94113, appeared on behalf of the Defendants Colgate-Palmolive Company; and Goodloe E. Moore. ANJALI NAGPAL, Lewis, Brisbois, Bisgaard & Smith, One Sansome Street, 14th Floor, San Francisco, California 94104, appeared on behalf of the Defendant Plant Insulation Company. STEVE LATHRAM, Lynch, Gilardi & Grummer, 475 Sansome Street, Suite 1800, San Francisco, California 94111, appeared on behalf of the Defendant Swinerton Builders. KATHY HUYNH (by telephone), Low, Ball & Lynch, 505 California Street, 7th Floor, San Francisco, California, 94111, was present on behalf of the Defendants 0.C. McDonald & Co.; and Cooper Brothers. 515 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — JEFF MINNERY (by telephone), Gibson, Dunn & Crutcher, One Montgomery Street, Post Montgomery Center, San Francisco, California 94104-4505, was present on behalf of the Defendant Genentech, incorporated. JANE BLUMBERG (present and by telephone), Prindle, Decker & Amaro, 369 Pine Street, Suite 800, San Francisco, California 94104, appeared on behalf of the Defendants Consolidated Insulation Company; Frederick Meiswinkel, Incorporated; C.F. Braun Company; Triple A Machine Shop; and Trane US, Incorporated. CHRISTINE TORESON, Perkins Coie, 180 Townsend Street, Third Floor, San Francisco, California 94107, appeared on behalf of the Defendants Honeywell International, Incorporated; and Georgia-Pacific Corporation. CONNIE LEAHY (by telephone), Sedgwick, Detert, Moran & Arnold, One Market Plaza, Steuart Tower, 8th Floor, San Francisco, California 94105, was present on behalf of the Defendant PG&E. 516 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — ALLISON B. SUROWITZ (by telephone), Selman Breitman, 33 New Montgomery Street, Sixth Floor, San Francisco, California 94105, was present on behalf of the Defendants Atlas Heating & Air Conditioning; and Douglass Insulation Company. VLAD LUSKIN (by telephone), Manatt Phelps & Phillips, One Embarcadero Center, Suite 3000, San Francisco, California 94111, was present on behalf of the Defendant Cal-Steam Supply, Incorporated. KELLY WALLER (by telephone), Swanson, Martin & Bell LLP, 330 North Wabash, Chicago, IHinois 60611, was present on behalf of the Defendant Earthgrains Baking Company, Incorporated STEVE SHIN, Walsworth, Franklin, Bevins & McCall, 601 Montgomery Street, 9th Floor, San Francisco, California 94111, appeared on behalf of the Defendants Cleaver-Brooks, Incorporated; Oscar E. Erickson, Incorporated; and The Henry Company. 517 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — KRISTI K. OKUMOTO, Walsworth, Franklin, Bevins & McCall, 601 Montgomery Street, 9th Floor, San Francisco, California 94111, appeared on behalf of the Defendants Thomas Dee Engineering Company; and Pierce Enterprises. BRIAN NUSSBAUM (by telephone), Vasquez & Estrada LLP, 1000 Fourth Street, Avenue, Suite 700, San Rafael, California 94901, was present on behalf of the Defendant FDCC, Incorporated; Lamons Metal Gasket Company; Monterey Mechanical Company; and Scott Co. JOSHUA DB, WHITE, Yaron & Associates, 601 California Street, 21st Floor, San Francisco, California 94108, appeared on behalf of the Defendant Todd Shipyards Corporation. 518 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — 571 BY MR. JONES: Q So you at one point, you had remembered the brand names -- A. Yes, sir, | did. a -- of this equipment, and you transmitted that material. It did not make it into Exhibit D, and you just got the information back from the paralegal? A. That's correct. Q Okay. And what was the brand name of the other boiler that was -- or the boilers, sorry, at the location? A. Babcock & Wilcox. They were both there. MR. JONES: Any follow-up on this? BY MR. JONES: Q. Sir, let's just change gears a little bit. I'm curious to know a little bit about your training as an insulator. You became an apprentice in 1959; is that correct? A. Yes, sir. Q. And you were an apprentice with Local 16? A. Yes, sir. Q. How long were you an apprentice? A. Approximately four years. Q. And so you turned out in about '61, ‘627 Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — 572 A. ll look at a job and | can tell you. Q. Great. What job is it? A. | have to look and see here. | know it was Western Asbestos. Weill, I'd say '64. Sometime in '64. Q. Okay. A. | was a late bloomer. Q. Did your apprenticeship compose -- consist of class work and hands-on training or one of those or both? A. Both. a. And did any of the class work that you have involve discussions or education about asbestos? A. No, sir. Q. Okay. After your initial apprenticeship training, did you ever have any additional training by the union or, yeah, by the union? A. No, sir. Q. Did you -- have you belonged -- let me ask it this way. You joined Local 16. How long were you a member of that union? A. I'm still a member. Q And, have you attended meetings -- let me ask this way. Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — 573 Are you required to attend at least one meeting for the union a year? A. Yes, sir. Q. Did you ever attend more than one meeting at any given year? A. On occasion. | don't want to say. Not very often. Q. Do you recall being at any meetings at the union where asbestos was discussed? A. No, sir. Q. At some point in, | believe, | think it was the ‘80s, was there additional certification that an insulator needed in order to work with asbestos materials? MR. SOLOMON: Objection. Vague. THE WITNESS: | can't -- | can't be specific, but | remember something about that. BY MR. JONES: Q. Did you ever receive any training or | think it was that you get a different colored card ora different certification to work with asbestos during the '80s. Did you ever get that certification? A. No, sir. | believe you're referring to bat training, they refer to that as. Q: Was there a point in your insulation career Aiken & Welch Court Reporters R. Ross, V.3 2-22-08Oo 6 On Oo a fF WO YP = — 728 STATE OF CALIFORNIA ) ) COUNTY OF ALAMEDA) |, EARLY K. LANGLEY, do hereby certify: That ROBERT ROSS, in the foregoing deposition named, was present and by me sworn as a witness in the above-entitled action at the time and place therein specified; That said deposition was taken before me at said time and place, and was taken down in shorthand by me, a Certified Shorthand Reporter of the State of California, and was thereafter transcribed into typewriting, and that the foregoing transcript constitutes a full, true and correct report of said deposition and of the proceedings that took place; IN WITNESS WHEREOF, | have hereunder subscribed my hand this 4th day of March 2008. EARLY K. LANGLEY, CSR No. 3537 State of California Aiken & Welch Court Reporters R. Ross, V.3 2-22-08wo © NI DH FPF WN RN MY NY BR RN RR me oD AA F&F YB NH = SO we I DH BB YW HY SK Ross, Robert & Jean San Francisco County Superior Court Case No. CGC-10-275731 LexisNexis Transaction No. 49706727 PROOF OF SERVICE Tama 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, ¢ alifornia 94105. On the date below, I served the following: NOTICE OF ERRATA REGARDING SWINERTON BUILDERS’ MOTION FOR SUMMARY JUDGMENT on the following: LexisNexis Electronic Service List BRAYTON PURCELL LLP 222 Rush Landing Road Novato, CA 9494. 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. (All Parties) o By transmitting via facsimile the document(s) listed above to the fax o 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. X_ By requesting Nationwide Legal to personally deliver the document(s) listed above to the person(s) at the address(es) set forth above. (Plaintiff Only) I declare under penalty of perjury that the above is true and correct. Executed on February 22, 3005. at San Francisco, California. 2Warnds CO. Chasedun Wanda D. Claudio PROOF OF SERVICE