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

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                                A 94948-6169

AT LAW

BRAYTON*PURCELL LLP

oem NY KD he BY

10

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

SARAH N. BENDON, ESQ., 8.B. #267525 ELECTRONICALLY
BRAYTON&PURCELL LLP
Attorneys at Law sopehr IL ED,
5 Rush Fanding Road County of San Francisco ‘
Novato, California 94948-6169 JUL 10 2012
(415) 898-1555 Clerk of the Court
Tentative Ruling Contest Email: contestasbestasTR@braytonlaw,com BY: ALISON AGBAY

Deputy Clerk

Attomeys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, ASBESTOS

No. CGC-10-275731
Plaintiffs,
DECLARATION OF SARAH N, BENDON
IN SUPPORT OF PLAINTIFFS'
OPPOSITION TO DEFENDANT COSCO
FIRE PROTECTION, INC.’°S MOTION
FOR SUMMARY JUDGMENT OR, IN
THE ALTERNATIVE, SUMMARY
ADJUDICATION

vs.

C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit |
attached to the Summary Complaint herein;
and DOES 1-8500.

eee

Date: July 24, 2012

Time: 9:30 a.m.

Dept: 503, Hon. Teri L. Jackson
Trial Date: TBD

Action Filed: December 17, 2010

I, Sarah N. Bendon, declare as follows:

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

2. A true and correct copy of the Declaration of plaintiff ROBERT ROSS is attached as
Exhibit A.

3. A true and correct copy of relevant portion of plaintiff ROBERT ROSS’ Deposition

Transcripts, commencing August 11, 2011, is attached as Exhibit B.

GvAystSN1:10349 Rosedon-SNB-COSFIR-ms pd 1 $NB

DECLARATION OF SARAH N. BENDON IN SUPPORT OF PLAINTIFFS! OPPOSITION TO DEFENDANT COSCO FIRE PROTECTION,
INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONSO OM DR HR FW NM

—
A B&B NM

16

4. A true and correct copy of relevant portion of plaintiff ROBERT ROSS’ Trial
Preservation Transcripts, commencing July 12, 2011, is attached as Exhibit C.

5. A true and correct copy of the Declaration of Dr. Richard Cohen is attached as
Exhibit D.

6. A true and correct copy of the Declaration of Charles Ay is attached as Exhibit E.

7. A true and correct copy of the Declaration of Dr. Herman Bruch is attached as
Exhibit F.

8. A true and correct copy of Plaintiff's Verified Response to Defendant COSCO FIRE
PROTECTION, INC.’s Case Specific Special Interrogatories, Set One, is attached as Exhibit G.

9. A true and correct copy of the stipulation between defendant COSCO FIRE
PROTECTION, INC. and plaintiffs ROBERT ROSS and JEAN ROSS moving the hearing date
for defendant’s motion for summary judgment to Tuesday, July 24, 2012; the filing date for ‘
plaintiffs opposition to defendant’s Motion for Summary Judgment, or in the Alternative
Summary Adjudication to Tuesday, July 10, 2012; and the filing date for defendant’s reply
brief, if any, to Tuesday, July 17, 2012.

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

foregoing is true and correct.

Executed on Fe 9.42 Noi, Calt
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parr varemnnst DUPS Roce, Robert 17449%Gen! te OUNSes-SNEACOSER wp 2.
DECLARATION OF SARAH N, BENDON IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT COSCO FIRE PROTECTION:
INCAS NOHON FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT ABRAYTON PURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

PO ROX 6159
NOVATO, CALIFORNIA 94968.6169

(415) 89H SSS

Dwr A A & BN

ALAN R. BRAYTON, ESO.
DAVID R. DONADIO, ES 1.
SARAH N. BENDON, ESQ.,
BRAYTON&PURCELL LLP

Attomeys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169

(415) 898-1555

Tentative Ruling Contest Email: contestashestosTR@ bravtonlaw.com

S.B. #73685
> S.B. #154436
§.B. #267525

My

Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

ASBESTOS
No. CGC-10-275731

DECLARATION OF ROBERT ROSS IN
SUPPORT OF PLAINTIFFS*
OPPOSITION TO DEFENDANT COSCO
FIRE PROTECTION, INC.’S MOTION
FOR SUMMARY JUDGMENT OR, IN
THE ALTERNATIVE, SUMMARY
ADJUDICATION

VS.

C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit |
attached to the Summary Complaint

herein; and DOES 1-8500.

Nae er et ee ne tl”

Date: July 16, 2012

Time: 9:30 a.m.

Dept: 503, Hon. Teri L. Jackson
Trial Date: TBD

Action Filed: December 17, 2016

L, Robert Ross, declare as follows:

2. lam a career insulator. Throughout my career as an insulator, I have worked at
innumerous job locations and sites. Some of these locations include work I performed for
Consolidated Insulation between approximately 1967 to1972 at the Highland Hospital in
Oakland, California, for approximately one month, on and off; at the UCSF Medical Center for
four months, on and off, between 1977 and 1979; and at UC Berkeley, Warren Hall, in 1979 for
two weeks. J also worked for Douglass Insulation again at the UCSF Medical Center for
approximately nine days in 1977.

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DECLARATION OF ROBERT ROSS IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT COSCO FIRE PROTECTION,
INC." MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONCO MW Mw OA A & BN

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3. As I testificd to in my deposition in this case, 1 worked alongside employees of
COSCO FIRE PROTECTION, INC. (hereinafter “COSCO FIRE”) on numerous occasions and al
various jobsites, including the Highland Hospital in Oakland, California between 1967 to 1971,
at the UCSF Mcdical Center for between 1977 and 1979, and at UC Berkeley, Warren Hall, in
1979.

4. | was able to identify these COSCO FIRE employees by their hardhats, which said
“Cosco,” on them, { was also able to recognize COSCO FIRE employees at some of those
aforementioned locations by their trucks and toolboxes, as well as by their hardhats. ] was not
asked in my deposition how I could recognize COSCO FIRE employees by their toolboxes and
trucks. Had I been asked, ] would have testified that, similar to their hardhats, these toolboxes
and trucks also "Cosco" on them.

5. As I testified to during my deposition, [ worked in close proximity to COSCO FIRE
employces disturbing spray-on fireproofing materials at the Highland Hospital, UCSF Medical
Center, and at UC Berkeley, Warren Hall. The distance I was from the COSCO FIRE employees
when they were performing this work varied. For example, at UCSF Medical Center, COSCO
FIRE employees would be anywhere from two fect to twenty-five feet away from me when
installing their sprinklerfitter materials into the ceiling. For all of these locations, the ccilings
were coating with fireproofing. When shooting studs into the ceilings in order to hang their
unistruts and hangers during their installation of sprinkler pipe, I saw COSCO FIRE employees
scraping away, penctrating and removing previously installed fireproofing. Every time they
installed a red to hang pipe they disturbed asbestos fireproofing. This happened on multiple
occasions, When these COSCO FIRE employees removed this fireproofing, it generated visible
dust.

6. The fireproofing that COSCO FIRE employees disturbed in my presence was grayish
color and had fibers sticking out of the fireproofing. As a career insulator, I could differentiate
between old, asbestos-containing fireproofing, and new, non-asbestos containing fireproofing.
The older type of fireproofing that contained asbestos had a finer consistency than the new

fireproofing, which had a consistency more akin to oatmeal. The old type of fireproofing was

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DECLARATION OF ROBERT ROSS IN SUPPORT OF PLAINTINES’ OPPOSITION 10 DEFENDANT COSCO FIRE PROTECTION,
INC'S MOTION FOR SUMMARY TUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONCO RB UWA He wR NM

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more akin to small cottage cheese. Additionally, the older asbestos-containing fireproofing had
fibers that stuck out of it whereas the asbestos-free fireproofing did not. I did not see this later
type of fireproofing on jobsites until approximately the mid-1970s. As I testified to during my
deposition, 1 knew that old fireproofing described above contained asbestos because, when I was
at a job in the late 1970s in San Francisco, | saw signs that stated “asbestos removal.” At this job
site, I saw the old type of fireproofing being removed and the new type of fireproofing being
applied.

7. As to the Highland Hospital jobsite location, both new construction and remodeling
was being performed. At the UCSF Medical Center, remodeling was being performed. 1 was no’
asked the age of the fireproofing that was being disturbed at these two jobsites by COSCO FIRE
employees. Had I been asked, 1 would have testified that the fireproofing they were disturbing
was old looking, greyish in color, and had the smoother consistency as previously described as
well as contained visible fibers that stuck out of the fireproofing. As to the UC Berkeley, Warren
Hall, location, I was not asked if this project consisted of remodeling work or new construction.

if Thad been asked, I would have testified that it was old construction. The fireproofing at this

jobsite was also the old maicrial that was grayish in color, had a smoother consistency than the

newer, asbestos-free variety of fireproofing, had fibers sticking out of the fireproofing itself, and
had consistency more similar to cottage cheese rather than oatmeal.

8. The masks I wore at these jobsites were white 3M-brand paper masks. These masks
were also thin. When | performed my insulation work, even when I wore these masks, debris an
other materials would still accumulate undemeath the mask. Additionally, despite wearing these
masks I would still have dust and debris accumulate in and around my nose and mouth.
Moreover, these masks were not form-fitted to my face, and frequently slipped or fell off. When

he would sweat, they wouldn’t seal.

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DECLARATION OF ROBERT ROSS IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT COSCO FIRE PROTECTION,
INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONTe: Robert Ross From: aday, Juty U8, 2072 4:40 PM Kage: 4 oF 4
Subject: Robert Rese ¥. CG Moore & Co. Engingers at al °

1 i declare under penalty of perjury under the laws of the State of California that the

2 || foregoing is mie and correct.
3 Excoured on ~Pi fo __, 2012, a1 Re oy ©, Oregon.

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BY FAX

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lard 2490 68S ts SSOU"NUBCRIBATOY Ud SStvea TIS8Z-96-INE
aEXHIBIT BSUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CQUNTY OF SAN FRANCISCO
--o0o--

ROBERT ROSS and JEAN ROSS,

Plaintiffs,
vs. NO. 275731

€.€. MOORE & CO. ENGINEERS,
et al.,

Defendants.

DISCOVERY DEPOSITION OF ROBERT ROSS
(volume vIT)

(Pages 1321 through 1578, inclusive)

Taken before RICHARD LENZI
CSR NO, 2564

August 10, 2011DISCOVERY DEPOSITION OF ROBERT ROSS

1
2
3 BE IT REMEMBERED, that pursuant to Notice
4 and on the 10th day of August, 2011, commencing at
5 the hour of 9:01 am, at the Phoenix Inn & Suites,
6 300 Northwest Franklin Avenue, Bend, Oregon 97701,
7 personally appeared ROBERT ROSS, produced as a
8 witness in said action, and being by me first duly
8 sworn, was thereupon, examined as a witness in

10. said cause,

di --000--
12
For the Plaintiffs:
43
ERIC C. SOLOMON
14 Brayton Purcell
222 Rush Landing Road
15 Novato, California 94948-6169
16 Forthe Defendant D. Zelinsky & Sons, Inc:
7 STEVE SHIN
(Via phone)
18 Walsworth, Franklin, Bevins & McCall
661 Montgomery Street, Ninth Floor
13 San Francisco, California 94111-2612
20 Forthe Defendant Pairmont Hatel Company:
22 OM TWu
Glaspy & Glaspy
22 One Walnut Creek Center
100 Pringle Avenue, Suite 750
23 Walnut Creek, California 94596

Aiken Welch Reporters

Page 1322
1 INDEX
2 PAGE
3. BXAMINATION BY MS. HEALEY = 1329
4 EXAMINATION BY MR. SHIN 1337, 1558
5 EXAMINATION BY MR. PURTELL 1369
6 EXAMINATION BY MS. YOUNG 1407
7 EXAMINATION BY MR. BESSETTE 1451
8 EXAMINATION BY MS. ADAMS 1472
9 EXAMINATION BY MR. WOOTEN _ 1477, 1550
10 BXAMINATION BY MR. McINERNEY 1501
11 EXAMINATION BY MS. WOO 1517
12
13
14
EXHIBITS
15 DEFENDANTS’ PAGE
16 6 EXHIBITD 1517
1? 7 REVISED EXHIBIT A 1522
18
19
20
21
22
23
24
25

Page 1323

Page 1324

1. For the Defendant Kentile Floors, Tac:
2 mM TWO
MoGieney Khiger & Giaspy
3 109 Pringle Averus, Suite 750
Walmut Crock, California 94596

Fos the Defendant Cosco Fire Protection, inet

THOMAS PURTELL
6 (ia phone}

Tackson Jenkins Rensttom
7 ‘55 Franciseo Strect, Suite 600

San Francisco, California 94113

For the Defendants IW MeClenahan Company, Inc and

9 Red Top Elcetric Company, Inc:
10 CELESTE M. SCOTT

Prindle Amato Goetz Hillyard Bares
1 & Reinholtz

Onc California Street, Suite 1910
a ‘San Francisco, California 94111
13. For the Defendant The Goodyear Tice & Rubber

Company:

a4

KATHRYN I. LaFEVERS,
18 (Via phone)

Gardon & Rees
16 Embarcadero Cenicr West

275 Wauety Strect, Twentieth Floor
ay San Francisco, California 94111
18 For the Defendant Mershco Auto Parts, Inc:
19 SHARII, WEINTRAUB

(Via phone)
20 Gordon & Recs

101 West Broadway, 16th Floor
a San Diego, California 92101

22. Forthe Defendants Webcor Builders, Inc and Hency
©. Beek Company:

23
‘TINA YIM

24 Imai, Tadlock, Keeney & Cordery, LLP
304 Bush Street, Suite 1300

25 ‘San Francisco, California 94104

Page 1325

1 For the Defendants Clausen-Patien, Inc and Commair
Mechanical Services:

CRISTINA M. CINCO.
3 Imai, Tadlock, Keeney & Cordery, LLP
100 Bush Street, Suite 1300

8
6 WALTER C, RUNDIN
Burnham Brown
7 1901 Harrisan Sireet, 11th Floor
Oakland, California 94612-3503
a
For the Defendant Texaco, Ine:
9
JENNIFER M. WALKER,
19 Brown Bassa & McLeod LLP
Lake Meritt Plaza
un 1999 Harrison Suet, 18th Floor
Onkeland, California $4612.0850
32z

For the Defendant Critehfield Mechanical, [ne and
13, Harold Beasley Plumbing and Heating, Ine:

ot DREXWELL M. JONES
Buty & Cariana
35 955 - [2h Stceet, Suite 1280

Gaklons, California 94507

For the Defzudant Ballict Brothers Construction

27 Corparation:
38 ‘AFRICA E. DAVIDSON i
{ie phone) H
38 Bassi Eatin Huic & Blum |
590 Woshingson Street, Suite 700
20 San Francisco, Colifornis 94011
BL Torthe Defendants A. Teicher & Son, Inc; Domeo
Products Toxes LP; Swinction Builders, Tne and
2E Amchem Comoration:
23 PAUL M, BESSETTE
Present AM - via phone PM)
Brydon Hage & Parker
235 Main Street, 20h Floor
San Francisco, California 94105,

2 (Pages 1322 to 132

Robert Ross 08/10/2011Page 1370 Page 1372

1 testimony? 1 Center?

2 A. Vaguely. 2 A. 1977 to -- 1977 to 1979.

3 Q. What sites did you work around Cosco Fire 3 Q. Was that four months on and four months

4 Protection? 4 off?

5 A, I would have to check my notes. 5 A. Four months on and off.

6 Q. Before you check your notes, from your 6 Q. And also going back to Highland Hospital

7 xecollection can you recall any of these sites? 7 from 1967 to '72, was that one month on and one

g MR. SOLOMON: So on forty sites you want | 8 month off?

2 him to go through forty years of his history and 9 A. Yes, sir. HE
10 spit out some Cosco sites? Go ahead, Mr. Ross. 1¢ Q. And what years did you work at UC Berkeley 4
il MR. PURTELL: That's what I am asking. 11 Warren Hall?

12 Before he looks at his notes to refresh his 12 MR. SOLOMON: That's been previously asked

13 recollection I want to see from his memory if he 13 and answered in this depo. It's harassing and Ik

14 is recalling sites in which worked around Cosco 14 oppressive. Go ahead. i

15 employees. 15 THE WITNESS: A couple of weeks in 1979.

16 MR. SOLOMON; Let the record reflect he is | 16 BY MR. PURTELL:

17 being asked a question about his entire work 7 Q. Was it approximately two.weeks?

18 history and has several seconds I guess to 18 A. Yes, sir.

19 respond. Go ahead, Mr. Ross. 19 Q. Mr. Ross, do you recall working around F

20 BY MR. PURTELL: 20 Cosco employees at UCSF? ;

21 Q. You can take more than several seconds, 21 MR. SOLOMON: He has already testified to

22 Mr. Ross, if you like. 22 that less than a minute ago. Objection. The

23 A. I don't want to speculate. 23 question is harassing and oppressive. ;

24 Q. I don't want you to speculate either. 24 MR. PURTELL: I believe he said Le

25 __A. Then 1 want to look at my notes, Lam 25 UCBerkeley
Page 1371 Page 1373

1 entitled to do it and that's exactly what 1 want 1 MR. SOLOMON: No, he said both. You asked

2 todo. 2 him about the UCSF job and asked him if it was '77

3 Q. Before you look at your notes, can you 3 to'79 for about four months. Less than two

4 recall any sites? If you can't, that’s fine, you 4 minutes ago.

5 can look at your notes. T just want to know 5 MR. PURTELL: No, after the UC Berkeley

6 before you look at your notes if you can recall 6 Warren Hall job for 1979. | am talking about :

7 any sites from your memory? 7? UCSF.

8 A. Not at the present time I can't, no. 8 MR. SOLOMON: I will bet you a hundred

3 Q. Mr. Ross, why don't you look through your 2 bucks you asked him about UCSF less than five
10 notes and let me know any sites you worked around | 10 minutes ago. Do you want to take that bet?

11 Cosco Fire Protection employees. an MR. PURTELL: No, I don't, counsel. I E
12 A. Highland Hospital. I said Highland 12 want to clarify his testimony. i
13 Hospital, sir, . 13 BY MR. PURTELL: be
14 MR. SOLOMON: Weil, he wants a list. 14 Q. Mr. Ross, did you work at UCSF around

15 THE WITNESS: UCSF Medical Center. 15 Cosco employees? i
16 University of California Warren Hali. That's all 16 A. Yes. i
17 Tcan come up with right at the present time. Are 7 Q. What years were that? F
18 you still there? 18 A. 1977 to 1979. Two jobs, sir.
19 MR. SOLOMON: He is there. 19 Q. Jama little confused, Mr. Ross. What l
20 MR. PURTELL: Yes, I am. 20 two jobs are you speaking of? Ht
21 BY MR. PURTELL: 21 A. Lama little confused too the way you are |
22 Q. Sir, what years did you work at Highland 22 asking these questions. I worked at UCSF 1977to
23 Hospital? 23 1979 for Douglass Insulation. And I worked with ts
24 A. 1967 to '72. I was with Consolidated. 24 UCSF Medical Center 1977 to 1979 with Consolidated|
25 25 i

Aiken Welch Reporters

Robert Ross

tion. E

14

Et $

(Pages 1370 to 1373)
08/10/2011Page 1374

1 MR. SOLOMON: Where does it say ‘79

2 Douglass? What does that say?

3) BY MR, PURTELL:

4 Q. Is it correct you worked at UCSF for nine
5 days in 19777

6 A. Yes.

7 Q. Iam going to start with the Highland

8 Hospital, From 1967 to 1972 when you were working:
9 ane month on and off, how many days did you work

10 around Cosco Fire Protection employees?

aL A. Many.

12 Q. Can you estimate how many "many" includes?
13 A. No.

14 Q. Was it most days that you worked there or
15 not?

16 A. More than half.

17 Q. How many hours a day did you work?

18 A. For the most part seven and’a half, seven
12 hours a day.

20 Q. Who was your employer?

21 A. Consolidated.

22 MR. SOLOMON: Objection. Harassing.
23 BY MR. PURTELL:

24 Q. Was that a union job?

25 A. Sir?

Page 1376 BS

"Cosco".
Q. Did you get the names of any of these
Cosco employees?
A. No.
Q. Do you know where the Cosco office was
located?
No.
. What were the Cosco employees wearing?
. I don't remember,
. Did you see any of their vehicles?
. Not that I can remember.
. Do you know what color of clothes they
were wearing?
A. No.
MR. SOLOMON: Objection. Harassing.
BY MR. PURTELL:
Q. Did you see any logos on their clothes?
A. Not that J can remember.
Q. What job were you performing at this site?
A. Insulating pipe. Wrapping duct.
Q. How far were the Cosco employees
approximately to you?
MR. SOLOMON: Objection. Overbroad and |:
therefore vague. Go ahead.
THE WITNESS: It would vary anywhere from!

OPOra>

Page 1375

Page 1377

1 MR. SOLOMON: Was that a union job?
2 THE WITNESS; The best of my knowledge it
3 was, yes.
4 BY MR. PURTELL:
5 Q. Do you recall who your union rep was?
6 MR. SOLOMON: Objection. The question
7 assumes facts. So it's misleading.
8 THE WITNESS: Are you talking about my
9 business agent?
BY MR. PURTELL:
Q. Union representative, yes.

MR. SOLOMON: Are you talking about the
shop steward or the business agent for the union?

MR. PURTELL: | am talking about the
business agent for the union.

THE WITNESS: | am not positive about it.
If 1 gave you a name -- Eddie Story.

MR. PURTELL: Could I have that answer
read back, please?

MR. SOLOMON: Eddie Story.
BY MR. PURTELL:

Q. Mr. Ross, when you were in Highland

Hospital how did you know these workers were Cosco
employees?

A. Becaus:

nm their hardhat

Aiken Welch Reporters

Robert Ross

right across from me on ladders or twenty feet.
BY MR. PURTELL:

Q. What location in the building were you
working?

A. I don't remember. - Different areas.

Q. Do you know how many stories this building §
was?

A. No.

Q. Was it just one singular building or was
there several?

A. I don't remember.

Q. Do you know what room you were working ink
in this building?

MR. SOLOMON: Objection. Harassing. Go
ahead,
THE WITNESS: No.

BY MR. PURTELL:

Q. What type of construction was this, was it
remodel or new?

A. Both.

Q. Do you recall the dimensions of any of the
rooms that you worked in?

A. No.
Q. What work was Cosco employees performing?)
A. Installi inkler pipe. fs

ET eee Te
(Pages 1374 to 1377)
08/10/2011

15Page 1378

Page 1386

Q. Can you describe how they were installing 1 A. As | testified before, sir, I have seen
the sprinkler pipe? 2 the old materials that had contained asbestos and
A. In hangers. They would shoot studs inte 3 [have seen the new, And it's a big difference.
the cement ceilings. Run their unistrut down. 4 This contained asbestos.
Run the angle of the -- what do you call it -- 5 Q. Did anyone ever tell you that the
there is a name for it but I can't think of it, 6 fireproofing at the Highland Hospital contained
Anyway they put their pipes on the unistruts or in 7 asbestos that the Cosco employees were
hangers attached from the ceilings. 8 penetrating?
Q. I believe earlier in your testimony you 3 A, Not that I can remember.
stated that they were penetrating the overhead 10 Q. Do you know who applied originally this
fireproofing, is that correct? 11 fireproofing?
A. In some areas, yes. 12 MR, SOLOMON: Lacks foundation.
Q. How many times did you see Cosco employees | 13 THE WITNESS: No, sir.
penetrate the fireproofing? 14 MR. SOLOMON: It's a no.
A. I don't remember. 15 BY MR, PURTELL:
Q. Do you recall if it was more than once? 16 Q. Do you have any information or knowledge
A. Yes. 17 whether Cosco applied this fireproofing?
Q. Do you recall if it was more than five 18 A. No, sir,
times? 19 . Do you know who the general contractor was
A. Yes. 20 atthis job? I am sorry, was there an answer?
Q. Can you give me your best estimate as to al MR. SOLOMON: He is thinking. He gets to
how many times you saw Cosco employees penetrate | 22 think, sir,
the fireproofing? 23 MR. PURTELL: 1 don't know if I heard him,
MR. SOLOMON: Objection. The question 24 counsel.
assumes that he has a best estimate, which is 25 THE WITNESS: I can’t think of who it was
Page 1379 Page 1381
misleading. Go ahead. 1 at the present time.
THE WITNESS: I don't wish to speculate. 2 BY MR. PURTELL:
BY MR. PURTELL: 3 Q. Do you have any information that Cosco
Q. Idon't want you to speculate, Mr, Ross, 4 knew the material they were disturbing was
but do you have a best estimate for me? . 5 asbestos containing?
A. Idon't wish to speculate. 6 A. No.
Q. Does that mean you don't have a best 7 Q. Did the Cosco employees wear masks?
estimate? 8 A. No.
A. Apparently. 9 Q. Did you wear a mask?
Q. Can you describe the fireproofing? 10 A. Yes.
A. What it looked like? 1k Q. Did Cosco employees wet down the
Q. Sure, 12. fireproofing before scraping?
A. Ithad fibers in it. It was like small 13 A. No.
cottage cheese. Very dusty. 14 Q. Who was in charge of safety meetings at
Q. What color was the fireproofing? 15 this site? .
A. Kind ofa grayish color. 16 MR. SOLOMON: Objection. The question
Q. Do you know the brand name or manufacturer} 17 assumes facts that someone was in charge of that.
of any of the fireproofing Cosco employees 18 There is no testimony to that effect. So it’s
penetrated? 19 misleading, argumentative.
A. No. 20 MR. PURTELL; Let's back up then.
Q. Do you know if this fireproofing contained 21 BY MR. PURTELL:
asbestos? 22 Q. Were there safety meetings at this job

A. Yes.
Q. What is the basis of your knowledge that

site, sir?

contained asbestos?

Aiken Welch Reporters

Robert Ross

08/10/2011

(Pages 1378 to 1381)

a

sarPage 1382 Page 1384 |g
1 Q. Did you ever speak with any Cosco L Q. Did any Cosco employees provide you any
2 employees at this site? 2 instruction at this site?
3 A. In passing maybe. 3 A. No. i
4 Q. Do you recall any of this conversation? 4 Q. When did you first learn about the hazards
5 A. No. 5 of asbestos? ;
6 Q. Who cleaned up the materials that Cosco 6 MR. SOLOMON: Objection, The question is :
7 disturbed? 7 harassing and oppressive. It's been asked and HE
8 A. Laborers. 8 answered previously in this deposition. Why do .
9 MR. SOLOMON: He said laborers. 9 you get to ask the same questions twice?
10 BY MR. PURTELL: 10 BY MR. PURTELL: i
a1 Q. Do you know who employed those laborers, | 11 Q. You can answer, Mr. Ross. i
12 Mr. Ross? 12 MR, SOLOMON: I will instruct the witness |!
13 A, No, I don't know who it was. 13 not to answer on the grounds of oppression, the ES
14 Q. Do you know whether they were employed by/14 question having previously been asked and answer. i
15 the general contractor? 15 BY MR. PORTELL: Ee
16 A. lwould assume they were, but I don't 16 Q. Mr. Ross, was there a time when you ever :
17 know -- I can't be positive about it, 17 fearned it was hazardous to be exposed to :
18 Q. Do you recall any of the co-workers you 18 fireproofing? F
19 had at this site? 19 A, Lean't be specific on that. :
20 A, Yes. 20 MR. SOLOMON: Well, he hasn't asked you ff
21 Q. What were the names? 21 when the time was, he just asked you was there a ;
22 A. Joe McCready and Phil Peterson, Stan 22 time.
23 Silva. 23 THE WITNESS: Yes, there was a time that
24 Q. Are those three individuals still alive to 24 that sticks out in my memory is when I saw the two 7”
25_ your knowledge? 25 different types, the old type of -- the MonoKote K
Page 1383 Page 1385 ;
1 A. I don't know about Joe. Phil just died 1 that contained asbestos and the kind that didn't iE
2 recently. Stan. I believe Stan is dead also. 2 contain asbestos. And the area where they had the ,
3 MR. SOLOMON: Phil and Stan are dead. 3. asbestos was roped off and had plastic. And when —
4 BY MR. PURTELL: 4 they were spraying the new type there wasn't any E
5 Q. Lam sorry, Phil McCready passed away and S procedure to protect people. That was sometime
6 so did Stan Silva, is that right? 6 ago. Hh
7 MR. SOLOMON: He doesn't know about Joe | 7 MR. PURTELL: Respectfully move to strike #
8 McCready whether he is dead or alive. But Phil 8 the nonresponsive portions.
9 Peterson and Stan Silva he believes are dead and 1 9 BY MR. PURTELL:
10 can verify they are dead. 10 Q. Sir, was there a time when you learned it
1i BY MR. PURTELL: 11 was hazardous to be exposed to this fireproofing?
12 Q. Sir, do you know Joe McCready's address? 12 MR. SOLOMON: And he was describing that
13 A. No. 13. time, counsel. i
14 Q. Do you know what city he might be living 14 THE WITNESS: I can't give you an exact
15 in? 15 date.
16 MR. SOLOMON: Objection. The question 16 BY MR. PURTELL:
17 invites the witness to speculate, which is 17 Q. Do you know when Cosco Fire Protection
18 harassing. 18 learned of the hazards of asbestos?
19 BY MR. PURTELL: 19 A. No.
20 Q. Sir, I don't want you to speculate. 1 20 Q. Sir, earlier you mentioned MonoKote. Is
21° just want to know if you know where he lived? 21 that the fireproofing that you believe Cosco Fire
22 A. No. 22 Protection was disturbing at this site?
23 Q. Did any Cosco employees provide you any 23 MR. SOLOMON: Objection. The question
24 24 ignores his prior testimony. So it's harassing

tools or materials at this site?

25 and oppressive. Go ahead.

Aiken Welch Reporters

17? (Pages 1382 to 1385)
Robert Ross 08/10/2011Page 1386

Page 1388 |;

1 THE WITNESS: Matter of fact I do, yes. 1 hours each day?
2 BY MR. PURTELL: 2 A. Approximately.
3 Q. Do you believe that you were exposed to 3 Q. Mr. Ross, between '77 and '79, the four 1
4 asbestos at this site by Cosco employees? 4 months on and off, how many different times in the |"
5 A. Yes, 5 four month period did you see Cosco employees?
6 Q. What is the basis of your belief? 6 A. Many times.
7 A. They disturbed the asbestos in the 7 Q. Did you see them in each four month period
8 ceilings by shooting the studs into the ceilings. 8 that you worked at this site?
9 Q. Sir, ] want to turn our attention to UCSF 9 MR. SGLOMON; Objection. I think you are
10 Medical Center in San Francisco from 1977 to '79, | 19 misstating the evidence. He didn't work four
11° the four months on and off you were there. Do you {11 months on and come back four months more. I think|
12 recall that site? 12. he spent four months total on the site on and off.
13 A. Yes, sit. 13 BY MR. PURTELL:
14 Q. How many floors in this building? 14 Q. Is that correct, Mr. Ross?
15 A. Idon't know. I don't remember. 15 A. Yes.
16 Q. Do you know the address? 16 Q. Out of those four months total that you
17 A. On Parnassus. 17 worked at this site, how many days did you work :
18 Q. Incidentally, do you know the address of 18 around Cosco employees?
19 the Highland Hospital in Oakland you are speaking | 19 A. Tcan't be specific.
20 of? 20 Q. Can you give me your best estimate? bs
210 AL No. 210 AL No. i
22 Q. How many buildings did you work at the 22 Q. Was it more or less than half? :
23 UCSF Medical Center? 23 A, Less than half. ;
24 A, Many. 24 Q. Was this also a union job?
25 Q. Can you give me your best estimate as to 25 A. To my knowledge it was, yes.
Page 1387 Page 1389 ft
1 how many buildings you worked at this site? 1 MR. SOLOMON: When you say a union job. :
2 A. Many buildings. 2 For him? :
3 MR. SOLOMON: I think he is just talking 3) BY MR. PURTELL: :
4 about this one job. 4 Q. Why don't we start for you. Was it a
5 BY MR. PURTELL: 5 union job, sir?
6 Q. Tam just talking about the UCSF Medical 6 A. Absolutely.
7 Center, Mr. Ross. 7 Q. Do you know if it was @ union job for
8 A. Just one. 8 Cosco?
9 MR. SOLOMON: You are talking about this 9 A. Tnever worked for nonunion sir, I worked
10 particular job between '77 and ‘79, correct? 10 for union. That should be an answer to your
22 MR. PURTELL: Correct. J just want to 11 question,
12 know how many buildings on that job. 12 MR. SOLOMON: The question he just asked Fy
13 THE WITNESS: Two. 13 it lacks foundation and seeks speculation from the |f
14 BY MR. PURTELL: 14 witness. Was it a union job for Cosco? That was i
15 Q. Are they both on Pamassus? 15 his question. , ;
16 A. To the best of my recollection, yes. 16 THE WITNESS: I don't know. imagine it |
17 Q. Do you recall each of the buildings how 17 would be. LP
18 many floors they had? 18 MR. SOLOMON: Move to strike speculative ;
19 A. No. 19 portions of my client's testimony. i
20 Q. Who was your employer at the time? 20 BY MR. PURTELL: LE
ai A, Consolidated, ai Q. UCSF Medical Center. Mr. Ross, how do youl):
22 MR. SOLOMON: Objection. Harassing. 22 know these workers were Cosco employees? ;
23 Previously asked and answered. 23 A. Their hardhats. ;
24 BY MR. PURTELL: 24 Q. Do you know any of their names? I
bE

.Q._And did you also work seven and a half

Aiken Welch Reporters

Robert Ross

(Pages 1386 to 1389)
08/10/2011Page 1396

Page 1392

1 Q. Did you see any of their vehicles? 1 fireproofing at this site?
2 A. Not that I can remember at this time. 2 A. No. ;
3 Q. What job were you performing at this site? 3 Q. And you have no information or knowledge
4 A. Insulating duct and pipe. 4 that Cosco applied it, right?
5 Q. How far were you away from Cosco employees) 5 A. As faras I know.
6 at this site? 6 Q. Do you know who the general contractor
7 MR, SOLOMON: Objection. Overbroad, 7 was?
@ therefore vague. Go ahead. 8 A. Henry C. Beck.
9 THE WITNESS: Anywhere from two to three 9 Q. Do you have any information that Cosco
10° feet to twenty-five feet. 10 knew the material they were disturbing was
iL Q. Was this new construction or remodel? 11. asbestos containing?
12 A. This was remodel. 12 A, No.
13 Q. Do you recall any of the rooms that you 13 Q. Did the Cosco employees wear a mask?
14 were at either of these two buildings? 14 A. No.
15 A. No. 15 Q. Did you wear a mask? :
16 Q. What work was Cosco employees performing | 16 A. Yes.
17 in these buildings? a7 Q. Did Cosco employees wet down the material
18 A. They were installing a sprinkler system. 18 before scraping it? ;
19 Q. Was it the same type of work that you 13 A. No. HE
20 described at Highland Hospital? 20 Q. Was there any safety meeting at this site?
al A. Similar, yes. 21 A. No, not for me. e
22 Q, Lam sorry, I didn't hear your answer. 22 Q. Did you speak with any Cosco employees?
23 A. Yes. 23 A. Casually maybe.
24 MR, SOLOMON: "Similar, yes" was 24 Q. Do you recall any conversations? E
25 specifically his answer. 25 A. No.
Page 1391 Page 1393
1 BY MR. PURTELL: 1 Q. Who cleaned up after the Cosco employees? |
2 Q. Was there any difference in this work that 2 MS. YIM: Asked and answered. i
3. Cosco employees were performing at UCSF Medical} 3 MR. PURTELL: Not for this site.
4 Center than the Highland Hospital job? 4 MR. SOLOMON: Actually it was, I think
5 A. [am not an expert in sprinklers, sir. 5 that was Henry Beck's counsel and I think she
6 But it looked about the same to me. 6 asked who did the cleanup.
7 MR. TWU: Twenty minutes, Tom. 7 BY MR. PURTELL: i
8 MR. PURTELL: | am sorty, did you say g Q. Who cleaned up after Cosco employees? i
9 twenty minutes? 3 MR. SOLOMON: That is probably a fair
10 MR. SOLOMON: He did. 10 question. Go ahead.
iL MR. PURTELL: Thank you, il THE WITNESS: Laborers,
12 BY MR. PURTELL: 12 BY MR. PURTELL:
13 Q. Do you know who originally applied -- 13 @. Do you knew who employed the laborers?
14° strike that. Were the Cosco employees disturbing 14 A. Henry C. Beck as far as | know. They were
15 fireproofing at this job? 15 the general. i
16 A. Yes. 16 Q. Do you know the names of any co-workers at p
1? Q. Do you know whether that fireproofing 17 this site?
18 contained asbestos? 18 A. Jim White. Bill Houston. Greg Beck.
19 A. Yes. 19 Bill Dalton. Richard Collins, Bob Cantley. i
20 Q. What is the basis of your knowledge? 20 MR. PURTELL: Rich, can I have that answer
21 A. Sir, l already explained to you what the 21° read back, please?
22 basis of my knowledge is. 22 {Record read: Jim White. Bill Houston.
23 Q. Is that the old versus the new? 23 Greg Beck. Bill Dalton. Richard Collins. Bob
24 A. Yes. 24

Do 10 applied this original

Aiken Welch Reporters

Robert Ross

19 (Pages 1390 to 1393)
08/10/2011Page 1394 Page 1396 F
Q. Mr. Ross; do you know if any of those i

co-workers are alive today besides Robert Cantley?

Q. And was Consolidated your employer at the
time? :

1 1
2 2
3 I believe he is alive. 3 A. Yes, sir.
4 A. Greg Beck is. 4 Q. How did you know the employees at this job
5 Q. Da you know if any of those co-workers are 5 were Cosco employees?
6 deceased? 6 A. Hardhats. ;
7 A. Bill Houston, Jim White. I am not sure 7 Q. Do you know any of the names of the Cosco
8 about Bill Dalton. 8 employees at this site?
9 Q. How about Richard Collins? 9 A. No, sir.
10 A. Iam not sure. I believe he is. 10 Q. What job were you performing at this site?
il Q. Do you know where Mr. Collins, Mr. Dalton | 11 A. Wrapping duct. Insulating pipe.
12 or Mr. Beck resides, what city? 12 Q. Was this just one building Warren Hall?
13 A. The only one I have an idea is Greg Beck. 13 A. To the best of my recollection it is, yes.
14 Sonoma. 14 Q. Do you know how many floors this building
18 Q. What city does he live in? 15 was?
16 A. He lives in Sonoma, California, last 1 16 A. No. F
17 heard. i7 MR. SOLOMON: Actually I attended classes
18 Q. And you don't know where Mr. Dalton or 18 there and [ don't remember. I guess I am stupid.
19 Mr. Collins reside? 19 BY MR. PURTELL: ,
20 A. No, sir. 20 Q. Mr. Ross, do you recall what rooms at
21 MR. SOLOMON: I believe Mr. Beck is a 21 Warren Hall that you worked around Cosco |
22 client of the Paul & Hanley office who handled his |22 employces? i
23 father's wrongful death. So I am informing you. 23 A. No. |
24 MR. PURTELL: Thank you, counsel. 24 Q. And what work was the Cosco employees [!
25 MR. SOLOMON: You bet, 25 performing at this site?
Page 1395 Page 1397 |
1 BY MR. PURTELL: 1 A. Installing sprinklers,
2 Q. Mr. Ross, did any Cosco employees provide 2 Q. Is this the same work that you described
3 you any tools or materials at this site? 3 earlier?
4 A, No, sir. 4 A. Yes, sir.
5 Q. Did they provide you any instructions in 5 Q. Were they also disturbing fireproofing at
€ how to do your job? 6 this site?
7 A. No, ? A. Yes, sir.
8 Q. Mr. Ross, I want to turn your attention to 8 Q. Do you know the brand name or manufacturer}
9 the UC Berkeley Warren Hall in 1979 for two weeks.) 9 of the fireproofing?
10 Do you recall that job? 10 A, No, Ir
iL A. Yes, sir, 11 Q. Do you know if whether it contained |
12 Q. And out of those two weeks you were there 12. asbestos?
13. in'79 at UC Berkeley Warren Hall, how many days | 13 A. It contained asbestos, yes.
14 was Cosco Fire Protection there? 14 Q. Is this the same reason you said before
15 A. Just a few days, I just saw them a few 15 between the old and the new?
16 days. 16 A. Yes.
a7 Q. A few days. Is that two or three? 17 Q. And you don't know who applied that
18 A. I would say three or four. 18 insulation, do you?
19 Q. And you were working seven and a half 19 A. No.
20 hours a day at this job as well? 20 Q. Strike that. You don't know who applied
21 A. Yes, sir. 21° that fireproofing, do you?
22 Q. And how many hours out of those three or 22 A. No.
23 four days did you work around Cosco Fire 23 Q. And you don't have any information whether

it was Cosco, do you?

20 (Pages 1394, to 1397),
Aiken Welch Reporters Robert Ross 08/10/201124

WOW New e

Page 1398 Page 1400
Q. Do you know who the general contractor was 1 co-workers you had at this site?
at this site? 2 A, Bob Cantley, Earl Beck, :
MS. YIM: Asked and answered. But go 3 MR. SOLOMON: I wonder how many more times},
ahead. 4 he is going to ask that at this site, That is the
THE WITNESS: Cahill. S third time.
BY MR. PURTELL: 6 MR. PURTELL; Not anymore by me.
Q. Do you have any information whether Cosco 7 MR. SOLOMON: Fair enough. Sorry, 1 b
knew the fireproofing they were disturbing 8 can'thelp myself.
contained asbestos at this site? 9 BY MR. PURTELL:
A. Repeat the question, please? 10 Q. Did you see any other co-workers besides LE
MR. SOLOMON: Do you have any information| 11 Mr. Cantley and Mr. Beck? ,
that Cosco knew that the fireproofing they 12 A. No. Not that I can remember. FE
disturbed was asbestos at this site? 13 Q. The last time we were talking about you F
THE WITNESS: Not that I know of. 14 hada Greg Beck. That is different than Earl !
BY MR. PURTELL: 15 Beck, right?
Q. And did the Cosco employees wear masks? 16 A. That is his son. Greg Beck is Earl Beck's
A. No. 17 son.
Q. You wore a mask, right? 18 Q. Is Earl Beck still alive?
A. Yes. lL always wore a mask, sir. 19 A. Yes,
Q. Did Cosco employees wet down any of the 20 MR. SOLOMON: Wait, wait, wait.
material before scraping? 21 BY MR. PURTELL: }
A. No. 22 Q. Do you know where Earl Beck resides? H
Q. Were there safety meetings at this site? 23 MR. SOLOMON: He said is Earl Beck still
A. Nat where I was involved, 24 alive. ;
25 Q. Did you speak with any of the Cosco 25 THE WITNESS: No, he is not. J atm sorry. /
Page 1399 Page 1401 /
employees at this site? 1 BY MR. PURTELL: i
A. I don't remember. 2 Q. At this site did any Cosco employees
Q. Who cleaned up after Cosco at this site? 3 provide you with any tools or materials?
A. They did some of their own and then the é A. No.
laborers cleaned up the rest. 5 Q. At this site did any Cosco employees
Q. When you say they did some of their own, 6 provide you any instructions? i
what did you mean by that? ? A. No. h
A. They would pick up their pipe and anything . | & Q. Siz, I want to talk about the last site fe
else they knocked down, you know. They could have! 9 which is UCSF. And you worked there nine days in |
bumped into some asbestos or they could have 10 1977, Do you recail that site? E
bumped into anything and it could be knocked on. ai A. Yes.
the ground and they would pick it up. 12 Q. And your employer was Douglass Insulation,
Q. You never saw any Cosco employee with a 13° right? i
broom, did you? 14 A. Yes, sir.
MR. TWU: Ten minutes, Tom. 18 Q. And you worked seven and a half hours a
THE WITNESS: With a broom? 16 day for nine days, is that right?
MR. SOLOMON: That's his question. 1? A. Approximately.
THE WITNESS: Not that 1 can remember. 18 Q. How many of these nine days was Cosco H
BY MR. PURTELL: 19 employees at UCSF? E
Q. Was that generally what the laborers would 20 A. Four or five,
do? 21 Q. How many buildings at UCSF did you work i
A. Yes, sir. 22 at?
Q. And do you know who employed the laborers?| 23 MR. SOLOMON: On that job.
A. Cahill. THE WITNESS: To the best of my

Aiken Welch Reporters

Robert Ross

i
ne building,
(Pages 1398 to 1401)

08/10/2011SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
~“edo-—
ROBERT ROSS and JEAN ROSS,
Plaintiffs,
vs. NC, 275731

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

Defendants.

DISCOVERY DEPOSITION OF ROBERT ROSS
(Volume IIT}

(Pages 350 through 581, inclusive)

Taken before RICHARD LENZI

CSR NO. 2564

July 14, 2011Page 351

Page 353

1 For the Defendant Kentile Floors, Inc:
1 INDEX Ne
2 PAGE 3 too Pringle Avenue Sune 350
it rue, Suite
3. EXAMINATION BY MS. ALBERTO 358 ‘Wale Creek, California 34596
4
4 EXAMINATION BY MR. WOOD — 369 For the Defondam Casco Fie Proseation, Ine:
5 EXAMINATION BY MS.HOFF 402 5 TWOMAS PURTELL
6 EXAMINATION BY MS. YIM 484 ‘ (a pho) en
Jackson Fenkins Rensicom
7 EXAMINATION BY MS.BUCKMAN 532, 543 | > 55 Francisno Steen, Suite 600
8 EXAMINATION BY MR. ZACHARIN 543 2 ‘San Franciseo, California 94013
S$ EXAMINATION BY MR. BESSETTE 564 For the Defendants 1 McClenahan Company, Ino ard
10 i ST tore waco
(1a phone)
12 a Prindie. Amare Goetz Hillyard Barnes
‘& Reinhalte
12 12 One California Sireet, Suite 1910
13 3 San Francisca, California 94411
1
14 For the Defendant The Goodyear Tire & Rubber
15 13 Coma TRY ‘J.LaFBVERS
16 re ad
ordon & Reet
7 ‘Embarcadero Center West
1 17S Batcry Svea, Fuente oor
18 San Francisca, California 94121
16
13 For the Defendant Marshoo Auto Pans, Ing:
19
20 SHARE) WEINTRAUB
21 20 a phone)
con & Rees
22 aL 191 West Broadway, 16th Floor
23 ae San Diego, California 92101
24 23
2
25 25
Page 352 Page 354
1 DISCOVERY DEPOSITION OF ROBERT ROSS 1 For the Defendants Webeor Buildo, Ine and Henry
2 Jeck Company,
3 BE IT REMEMBERED, that pursuant to Notice : TINAYIM
4 and on the i4th day of July, 2011, commencing at 3 nal, Tadlock, Keoney & Coréery, LLP
5 the hour of 9:24 am, at the Phoenix Inn & Suites, 4 Sen Pramtis, Eehtomne o4t@4
6 300 Northwest Franklin Avenue, Bend, Oregon 97701, > For the Defendants Clawsen-Patien, hse and Comanair
7 personally appeared ROBERT ROSS, produced as a _,_ Mechanical Services
8 witness in said action, and being by me first duly . CRISTINA M. CINCO
3 sworn, was thereupon, examined as a witess in 7 Imai, Tadlock, Koeney & Cordery, LLP
10 said cause © Sen Pelce, Cer 108
ll alo 9 For the Defendant California Drywall Campany:
12 10 WALTERC. RUNDIN
iff: Bumham Brown
For the Plaintiffs: n 1901 Harrison Street 11th Floor
13 ERIC ¢. SOLOMON Oakland, Celifornia 94812-3501
. 12
1a Brayton Purcell a, Forthe Defendant Tac, is
222 Rush Landing Road JENNIFER M. WALKER
as Novato, California 94948-6169 1s (¥ia phone)
16 Por the Defendant D. Zelinsky & Sons, Inc: Brave Basse & McLeod LLP
ake Merit Pl
7 STEVE SHIN “ 1399 arson Set 18 Foor
(Via phone) a6 Oakland, California 94612-0850
18 Walsworth, Franklin, Bevins & McCall 17, or the Daten dant Critchficld Mechanical, te and
601 Montgomery Street, Ninth Floor ag Sanh Beaticy Plmbing and Pisating, ine
19 San Francisco, California 94111-2612 JASON, CURLIANO
20 For the Defendant Fairmont Hotel Company: 1 Bury & Curiano
555 ~ 12h Stroet, Suite 1280
al JIM TWU 20° Oabiand,Calfornin 94607
Glaspy & Glaspy 21 For the Defendants Wright Schuchart Harbor Company
22 One Walnut Creek Center p81 Ballet Brother Consrvetion Corporation:
100 Pringle Avenue, Suite 750 AFRICA E, DAVIDSON
23 Walnut Creek, California 94596 23 Tassi Ealin Hie & Blume
24 500 Washington Street, Suite 700,
25 ‘San Francisco, Californig 94115

Aiken Welch Reporters

(Pages 351 to 354
07/14/2011

2

Robert Ross

}OBwWHNewNE

Page 447

Q. No, I have not.

A. You are very fortunate. Well, do you have
any idea what I am talking ~

“Q. If it was covered in your prior testimony,
sir, 1 will withdraw and move on,
MS. BUCKMAN: Let me clarify, sir. Was it
like a paper mask that has the rubber bands that
go around your ears?
THE WITNESS: Yes, ma'am,
MS. BUCKMAN: Was it white in color?
THE WITNESS: Yes, ma'am.
MS. BUCKMAN: Thanks.
MR. SOLOMON: Also Gordon & Rees, you can,
call them. They have all that stuff.
BY MS. HOFF:

Q. Were you working with any asbestos
containing materials at this site?

A. No.

Q, Did you see the Bell Products employees do
any other work in your presence other than what we
have talked about?

A. Not that I can remember,

Q. And were they working with the same kind
of tools at this site as you previously described,
the guns, the hammers and the tin snips?

OMUAHSWNHE

A. .The foreman.

Q. Do you recall the foreman's name?

A. Jim White, Junior.

Q. Do you know if Bell Products had an office
at this building or any sort of room or space that
they used as their own?

A. I remember a table. They all had tables
that they had their plans on. 1 guess you could
call that an office. 1 know I never had one.
Except a box maybe.

Q, Did you ever see any of these plans? 1 am
sorry, strike that. Did you ever look closely or
read any of these plans?

A, 1 probably did. Yes.

Q. So you have a specific memory of looking
closely at the plans that were on the Bell
Products table’at the Napa office site? ;

MR. SOLOMON: Now you put looking closely.
Okay. Go ahead.
BY MS. HOFF:

Q. Is that correct?

A, Yes.

Q. Can you recall any details from what you
saw?

A,_No, ma'am.

Page 448

A. Yes, ma'am.
Q. Any other tools?
A. Not that I can remember.
Q. And you don't recall the brand name or
manufacturer of the gun, correct?
A. No.
Q. That's correct?
MR, SOLOMON: Mr. Ross, do you remember
who made any of those guns ever?
‘THE WITNESS: Grabber I believe.
MR. SOLOMON: If he was going to say no we|
could have gotten rid of that question.
BY MS. HOFF:
Q. Do you recall ifthe guns at this
particular job at the Napa office building were
Grabber guns?
A. No.
Q. Was there a genera] contractor at the Napa
office building?
A. I don't remember at this time.
Q. Did you see anyone supervising the Bell
Products employees?
A. Say again, please?
Q. Did you see anyone supervising, the Bell

Aiken Welch Reporters

Robert Ross

Page 450

. Have we now talked about all of the work
you recall Bell Products performing in your
presence at this Napa office building?

A. Yes, ma'am,

MS. HOFF: Do we want to take a break?
MR. SOLOMON: Desperately so.
{Recess from 12:00 to 12:16)
MS. HOFF: On the record?
MR. SOLOMON: Yes, ma'am,
BY MS, HOFF:

Q. Mr. Ross, we are back from our break. Are
you ready to continue?

A. Yes.

Q. Just bear with me for a little longer. 1
believe we have three more sites to cover. The
next site 1 want to talk about with you is the
remodel to the department store in Napa. Do you
have that site in mind?

A, Yes, ma'am.

Q. Do you recall who your employer was on
this site’?

A, Insulation Specialties.

Q. And do you recall what year you worked on
this site or years?

26 (Pages 447 to 250)
07/14/2011EXHIBIT CoOo ON OW OH FF OB

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
~-000--

ROBERT ROSS and JEAN ROSS,

Plaintiffs,
vs. NO. 278731
C.C, MOORE & CO. ENGINEERS,
et al.,
Defendants.
/

TRIAL PRESERVATION TESTIMONY OF ROBERT ROSS
(Pages 1 through 192, inclusive)

Taken before RICHARD LENZ!
CSR NO. 2564
duly 12, 2011oo fo NN DO HO BRB YW NY =

a on
=

For the Defendant Kentile Floors, Inc:

JIM TWU

McGivney Kluger & Glaspy

100 Pringle Avenue, Suite 750
Walnut Creek, California 94596

For the Defendant Cosco Fire Protection, inc:

THOMAS PURTELL

(Via phone)

Jackson Jenkins Renstrom

55 Francisco Street, Suite 600
San Francisco, California 94113

For the Defendants JW McClenahan Company, Inc and
Red Top Electric Company, Inc:

CELESTE M. SCOTT

(Via phone)

Prindle Amaro Goetz Hillyard Barnes
& Reinholtz

One California Street, Suite 1910
San Francisco, California 94111

For the Defendant The Goodyear Tire & Rubber
Company:

KATHRYN J. LaFEVERS

(Via phone)

Gordon & Rees

Embarcadero Center West

275 Battery Street, Twentieth Floor
San Francisco, California 94111

For the Defendant Marshco Auto Parts, Inc:

ANA R. HARTMAN

SHARI |. WEINTRAUB

(Via phone)

Gordon & Rees

101 West Broadway, 16th Floor
San Diego, California 92101

Aiken Welch Court Reporters RobertRoss 7/12/2011=

oO Oo ON ODO OH &F WwW NY

116

A. Yes.

Q. Do you happen to remember the full name of
Cosco?

A. Casco Fire.

Q. On approximately how many jobs did you

observe personne of Cosco Fire at the same time
as you were working on th