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

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BRYDON
HG & PARKER
138 MAIN Sraeer
OH FLOCK
San Feancisco, CA 94408

Edward R. Hugo [Bar No. 124839]
P.M. Bessette [Bar No, 127588]

Josette D, Johnson [Bar No. 195977] ELECTRONICALLY
BRYDON HUGO & PARKER FILED
85 Main Street, 20th To oF Superior Court of California,

,
Telephone: (415) 808-0300 County of San Francisco
Facsimile: (415) 808-0333 MAY 03 2013
Email: service@bhplaw.com Clerk of the Court

BY: ALISON AGBAY

Attorneys for Defendant Deputy Clerk

A. TEICHERT & SON, INC.

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

ROBERT ROSS and JEAN ROSS, (ASBESTOS)
Case No. CGC-10-275731
Plaintiffs,
vs. DECLARATION OF JOSETTE D.

JOHNSON IN SUPPORT OF REPLY TO
C.C, MOORE & CO, ENGINEERS, et al, | PLAINTIFFS’ OPPOSITION TO

A. TEICHERT & SON, INC.’s MOTION
Defendants. FOR SUMMARY JUDGMENT

Date: May 9, 2013

Time: 9:30 a.m,

Dept: 503

Judge: Hon. Teri L. Jackson

Complaint Filed: | December 17, 2010
Trial Date: June 10, 2013

I, JOSETTE D, JOHNSON, declare as follows:

1 Tam an attorney licensed to practice before all the courts of the State of
California and am a senior associate with the law firm of Brydon Hugo & Parker, attorneys
of record for Defendant A. Teichert & Son, Inc. (“Teichert”) in the above-referenced matter.
I have personal knowledge of the facts stated herein, or have gained such knowledge from
my review of the records and documents maintained in our file in the regular course of

business and, if called as a witness, I could and would testify competently thereto.

1

DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF REPLY TO PLAINTIFFS’ OPPOSITION TO A.
TEICHERT & SON, INC.’s MOTION FOR SUMMARY JUDGMENTwe oN DH OT RF WN

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NA G@ 8 O N BP DO BN DT ®F Ww NH BR CG

28

BRYDON
HuGo & PARKER
185 Main S¥REET
20° FLOOR
San Francisco, CA 94105

2. Attached hereto as Exhibit A is a true and correct copy of the transcript of
deposition of Wendy Klock-Johnson taken in this matter on April 3, 2013, and Exhibit B to
the transcript.

3. Attached hereto as Exhibit B is a true and correct copy of the transcript of
deposition of Danny Neil Goodwater taken in this matter on April 3, 2013.

4. Following the deposition of the City of Sacramento person most
knowledgeable, Danny Neil Goodwater, Mr. Goodwater produced an “as built” drawing of
the convention center. The existence of these drawings were discussed. during Mr.
Goodwater’s deposition (see Exhibit B hereto at 37:5-13.) Attached hereto as Exhibit C is a
true and correct copy of a portion of the as-built drawing produced by Mr. Goodwater
which identifies the general contractor as Nielson-Nickles Company, Carl W, Olsen & Sons
Co., A Joint Venture,

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

Executed on May 3, 2013, at San Francisco, California.

Josette D. Johnson

2
DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF REPLY TO PLAINTIFFS’ OPPOSITION TO A.
TEICHERT & SON, INC.’s MOTION FOR SUMMARY JUDGMENTEXHIBIT ABm WN be

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES-CENTRAL DISTRICT

ROBERT M. ROSS,
Plaintiff,
vs.

Case No. CGC-10-275731

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

Defendant(s).

DEPOSITION OF WENDY KLOCK-JOHNSON
Sacramento, California
Wednesday, April 3, 2013

Volume I

Reported by:
Danielle de Gracia
CSR No. 13650

Job No. 1630928A

PAGES 1 - 37

Sarnoff, A VERITEXT COMPANY
877-955-3855Be

SUPERIOR COURT OF THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES-CENTRAL DISTRICT

ROBERT M.ROSS, +) |
) |
Plaintiff, ) |
) }
Ws. ) Case No. CGC-10-27573 1

)
C.C.MOORE& CO.) /
ENGINEERS, etal, —) |

)
Defendant(s). )

Deposition of WENDY KLOCK-JOHNSON, Volume |
1, taken on behalf of Defendant, at $55 Capitol Mall,
Suite 280, Sacramento, California, beginning at 10:02
a.m, and ending at 10:37 a.m. on Wednesday, April 3,
2013, before Danielle de Gracia, Certified Shorthand
Reporter No. 13650. |

APPEARANCES

for Plaintiff ROBERT M. ROSS:
BRAYTON-PURCELL
BY: GEOFF T. SLONIKER, Attomey at Law
222 Rush Landing Road
Novato, California 94948 |
415.898.1555 |
Gsloniker@braytonlaw.com
/

For Defendant A. TEICHERT & SON, INC.:
BRYDON HUGO & PARKER:
BY: PAUL M. BESSETTE, Attomey at Law
135 Main Street, 20th Floor
San Francisco, California 94105
415.808.0310
Phessette@bhplaw.com

For Defendant SLAKEY BROTHERS, INC.:
BENNETT, SAMUELSON, REYNOLDS & ALLARD
BY: ALAN ZACHARIN, Attorney at Law
1301 Marina Village Parkway, Suite 300
Alameda, Califomia 94501

510.444.7688 i

Page 31

For the Witness WENDY KLOCK-JOHNSON:
CITY OF SACRAMENTO OFFICE OF THE CITY ATTORNEY
BY: SARI MYERS DIERXING, Attomey at Law
KOURTNEY BURDICK, Attomey at Law
915 1 Street, Fourth Floor
Sacramento, Califomia 95814
916.808.5346
Sdierking@cityofsacramento.org

‘Also Present:
Michael Smith, City of Secramento Office of the
City Attorney

APPEARANCES BY PHONE

For Detendasts GIAMPOLINI 4: CO., PACIFIC MECHANICAL,
‘CORPORATION:

LOW, BALL & LYNCH

BY: SALLY WADE, Attomey at Law

505 Montgomery Street, 7th Floor

‘San Francisco, California 94111

415,981,6630

For Defendants ADVANCE MECHANICAL CONTRACTORS, INC,
ANDERSON, ROWE & BUCKLEY, INC., BELL PRODUCTS INC, BRAGG
INVESTMENT COMPANY, INC, COLLINS ELECTRICAL COMPANY,
ING, EMIL J. WEBER ELECTRIC CO;

HAKE LAW, A PROFESSIONAL CORPORATION

BY: KATHRYN L. HOFF, Attomey at Law

655 Montgomery Sirest, Suite 1600

San Franciseo, California 94111

415.926,5800

Page 5

Pages 2 to 5

Sarnoff, A VERITEXT COMPANY
877-955-3855For Defendants JW. MCCLENAHAN COMPANY, INC., RED TOP
ELECTRIC CO. EMERYVILLE, INC,

PRINDLE, AMARO, GOETZ, HILLYARD, BARNES &

REINHOLTZ, LLP

BY: MICHELLE ©. GOLDEN, Attorney at Law

One California Street, Suite 1916

San Francisco, California 94111

415, 788.8354

For Defendant PRIBUSS ENGINEERING, INC.:
ADAMS NYE BECHT, LLP
BY: GENAHARAN, Attomey at Law
222 Keamy Street, Seventh Floor
San Francisco, California 94108
415.982.8955

For Defendants D. ZELINSKY & SONS, INC., DURO DYNE
CORPORATION:
WALSWORTH, FRANKLIN, BEVINS & MCCALL, LLP
BY: JORDAN B, EVERAKES, Attomey at Law
60) Montgomery Street, 9th Floor
San Francisco, Califomnia 94111
A1S.781.7072

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For Defendant RUDOLPH AND SLETTEN:
BISHOP, BARRY, DRATH
BY: JOHN BURKE, Attomey at Law
2000 Powell Street, Suite 1425
Bmeryville, California 94608
540.596.0888,

For Defendant CRITCHFIELD MECHANICAL, INC, HAROLD |
BEASLEY PLUMBING AND HEATING, INC., S.J, AMOROSO:
CONSTRUCTION CO., INC.

BUTY & CURLIANO

BY: JOSH SULLIVAN, Attorney at Law

555 12th Street, Suite 1280

Oakland, Califomia 94607

510.267.3000

For Defendant TEMPORARY PLANT CLEANERS, INC:
COOLEY MANION JONES, LLP.
BY: LINDSAY WEISS, Attorney at Law
201 Spear Street, Suite 1800
San Francisco, California 94105
415.512.4381

Page 7]

For Defendants ACCO ENGINEERED SYSTEMS, INC., D.W.
NICHOLSON CORPORATION, LONE STAR INDUSTRIES, PLUOR,
CORPORATION, RAYMOND INTERIOR SYSTEMS-NORTH, VAN-MULDER,
SHEET METAL, INC.

FOLEY & MANSMELD

BY: LISA SEARS, Attomey at Law

DANIEL RUDDENBERG, Adorney at Law

300 Lakeside Drive, Suite 1900

‘Oakland, California 94612

310,590,950

For Defendant BALLIET BROS. CONSTRUCTION:
BASS, EDLIN, HUIE & BLUM, LLP
BY: BRIN K. POPPLER, Attomey at Law
500 Washington Street, Suite 700
San Francisco, California 94417
415.397.9006

For Defendant CALIFORNIA DRYWALL CQ.:
BURNHAM BROWN
BY: WALTER RUNDIN, Attomey at Lavy
1901 Harvisen Steet, 14th Hloor
Oskdand, California 98622
510.444.6800

INDEX
WITNESS EXAMINATION
WENDY KLOCK-JOHNSON
VOLUME I
BY MR. BESSETTE 10, 32
BY MR. SLONIKER 24,27
BY MR. ZACHARIN 25
=== 000 --
EXHIBITS
NUMBER DESCRIPTION PAGE

Exhibit A Notice of Deposition and Subpoena 10
Exhibit B City of Sacramento Document
Production 10

= 000 =

Page 9

Pages 6 to 9

Sarnoff, A VERITEXT COMPANY
877-955-3855Sacramento, California, Wednesday, April 3, 2013
10:02 am.

WENDY KLOCK-JOHNSON,
having been administered an oath, was examined and
testified as follows:

(Exhibit A and Exhibit B were marked by the court
reporter and are attached hereto.)

EXAMINATION
BY MR, BESSETTE:
Q Good morning, ma'am.
A Good moming,
Q My name is Paul Bessette, and I introduced myself
to you earlier. I represent one of the defendants in
this litigation. And over the course of the next several
minutes, I'm going to be asking you about some records
that are in the possession of the City of Sacramento,
First 1 will dispense with some formalities here.
Have you ever had your deposition taken before?
A. Yes
Q Have you ever had your deposition taken as the
custodian of records for the City of Sacramento? |
i

j22

A No.
Page 10

Q Briefly Vl go through some of the
admonishments, You are ander oath just as though you
were ina courtroom with a judge, and you are required to |
tell the truth; do you understand that? i

A Yes.

Q  Ifatany time you don’t understand a question
that is asked of you, please let us know and I will be
more than happy to rephrase it or restate it, I want to
caution you not to guess or speculate in response to a
question that is asked of you. We are leoling for your
personal knowledge.

And if - for instance, I understand that there
is a recordkeeping process here for the City of
Sacramento relative fo the Convention Center that you
have some knowledge of, But relative to knowledge of
items back in the 1970s, } understand you weren't with
the City at that time, so that would require you Co guess
or speculate as to events, So please fet us know that,
that you can't answer the question without guessing or
speculating, and we will move on to another question.

Hf at any time during the course of this process
you would like fo take a break, by all means we can do
that. Over the course of the session, I will be asking i
questions and other counsel may be asking you questions, |
‘The court reporter here can only take down one person | 25

Page 11,

speaking at a time, So please wait for the question to

be completed, aad we will, of course, aceord you the same
courtesy in responding to your ~ to our questions so

that we are not speaking over one another; you understand
that?

A Yes.

Q_ At the end of this proceeding, the court reporter
will transcribe your testimony into a booklet. And you
will have an opportunity to review that testimony for
errors, and you may make changes to your testimony.

However, I nvust caution you that any changes you
make to the testimony may be commented upon by the
attorneys at trial; do you understand that?

A Yes.

Q First of all, I will dispense with the formality
of witness check pursuant to the California Goverament
Code. You're entitled to a witness fee for your
appearance here today, and I have provided that to
counsel for the City. I'n also then going to have marked
as Exhibit A a deposition notice and subpoena for your
appearance here today.

And do you have an understanding that you are
being produced here by the City of Sacramento pursuant fo
‘4 subpoena; is that correct?

A’ Yes.

Q Okay, Relative to your prior depositions, have
you ever had a deposition in your capacity as an employee
of the City of Sacramento?

A Yes.

Q Roughly on how many occasions have you had that
oceur?

A. Four or five.

Q Okay. What is your current job title?

A. Assistant city clerk.

Q How long have you held that position?

A. Just under four years.

°°

What type of responsibilities do you have as an
assistant city clerk?

A. Tim responsible for the City's record management
prograns, which includes public records request, record
retention, things of managing our records. T'm also
responsible for the boards and communication ynit
elections and conflict-type filings. Generally economic
FPPC -- I'm sory. Federal -- or Fair Practices
Political Commission type economic filing typically done
by elected officials.

Q And who is your supervisor?

A. Lreport directly to the city clerk. Her name
and Shirley Concolino.

Q And prior to being an assistant city clerk, were
Page 13

Pages 10 to 13

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you employed by the City of Sacramento?

A Lwas.

Q) And what position did you hold?

A. Program manager.

And was that also under the auspices of the city
clerk?

A No.

Q What department were you in?

A. Community Development Services, Let me correct
that, Its Community Development Department. t
apologize. Ithad 4 couple of name changes.

Q Lunderstand the bureaucratic changes that are
ali too common, So that's understandable.

‘And how long were you 4 program manager?

‘A. Seven years,

Q Did you have any other positions swith the City of
Sacramento prior to serving as a program manager?

A Yes.

Q What did you do?

A Lworked for the police deparument 45 &
supervising dispatcher.

Q How long did you do that for?

‘A. Tim trying to make the numbers add up. Five, six
‘years.

Q. Okay. So that's roughly 17 years ago that you
page 14

started with the police department?

A Closer to 16.

Q Okay. Any position with the City prior to that
job?

A No, sit,

What's your highest level of education?

A. Master's degree.

Q And what's that in?

A. Strategic communication.

MS, WADE: Repeat that, please.
MR. BESSETTE: Strategic communication,
MS. WADE: Thank you.

BY MR. BESSETTE:

Q And wher did you receive youT master's?

A 2010.

Q. Pursuant to the subpoens and deposition notice,
which Ihave marked as Exhibit A, fmt also going to
introduce & document or a packet of documents identified
as Exhibit B, which jg.a series of materials that were
come under a City of Sacramento correspondence dated
‘August 18, 2001 and signed By You:

So why don't yeu put that in front of you because
we will have some discussions about that.

MS, DIERKING: Counsel, I believe it's 2011.

MR. BESSETTE: Pmsory. 1 misspoke.

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BY MR. BESSETTE:

Q. First of all, dating back to your position here
and your responsibilities, you mentioned that you
responded to a public records request on behalf of the
City of Sacramento?

A That is correct.

Q_ And you were asked fo respond toa public records
request from an investigator from my firm relative to the
City of Sacramento Convention Centers correct?

A Yes.

Q And why don't you take a Jook at the Bates siamp
packet. Aud I'm going fo ask you, first of all, does
that letter and packet appeat familiar to you as far as
records that have been obéained through the City of
Sacramento?

A. Yes, it does.

Q And is that face page letter on the top, is that
your signature on that page?

A. Yes, sit.

Q
or initials appear on all of those pages?

A. Yes, it does.

Q Okay. it- predating this request in 2011, have
you ever gone through the process of locating or
searching for records relative to the Sacramento

page 16

‘And all of the ensuing pages, does Your signature

Convention Center?
A. Lean't say with certainty.
Q Where are the records for the Sacramento
Convention Center maintained?
Vague and ambiguous Overbroad.
"YER WITNESS: Each department, ‘So Community ~
CCREL does maint
thot are held in other oppositonies. For example, there
are records about -- ay" time something from Culture &
Leisure went to city counsel, it would be held in the
clerk's office.
BY MR. BESSETTE:
Q For Sacramento Convention Center, what process
aid you go about to track down yecords?
A We vontact each department has arecords
contact coordinator. ‘And if | don't have direct
possession of those records, then {contact the person in
that department.
Q Okay. In this case in request for construction
files for the Sacramento Convention Center, what did you
do?
‘A Leontacted the department records coordinator.
Q And who was that?
‘A. Tina McCarty.
And what happened after you talked to Tina?

page 17

pages 14 co 17

Sarnoff, A VERITEXT COMPANY
877-955-3855

eaehave you ever done public records searches for
construction materials for the City of Sacramento?
A. Toan't say with certainty

1 A. Relative to this search?
2

3

a Q Relative to the universe of materials that is

5

6

7

8

2 Q Yes.
Jo. That would be it os
Q That's i Okay. And as a result of the search

hoa

maintained by the City of Sacramento for the Sacramento]
Convention Center, you mentioned that you located some
file cabinets that were over af the Sacramento Conyentios
Center,

9 ‘To your knowledge are there any other records out

10 there concerning, first of ail, the construction of the

11 Sacramento Convention Center?

12 MR. SLONIKER: Objection. Calls for speculation.

13 Misstates prior testimony,

16 BY MR. BESSETTE:

15 Q Ifyou know.

4
5 for public reeords, you can confirm that each and every
6 — one of the items marked here as Exhibit B, 1 through 18,
7 eame from the City of Sacramento files, correct?
a MR. SLONIKER: Vague.
THE WITNESS: Correct,
BY MR, BESSETTE:
Q And each of these records are true and correct
copies of materials maintained by the City of Sacramento?
A Cotect
Q Allright. Let me just run through these
15 quickly. J think that's all the questions f have for

16 A So I don't know where they were at the Convention | 16 you,ma'am. We will now speak with Mr, Goodwater about
17 Cemer located. 1 know they were at the Convention | 17 the records searching. Thank you,
18 Center as a whole. But as far as where the records would | is MR. SLONIKER: I just have a few questions.

19 he located, because some of our departments ae

20 — decentralized, I couldn't tell you with certainty that

21 there might not be documents in a different department,

22 such as real estate or the building department,

23° Q_ And that's Kind of where I'm going, Is there

24 — anyone else fo talk to as far as what other records might
25 exist relative to the construction files for the

MR. BESSETTE: Oh, sure,

EXAMINATION
BY MR. SLONIKER:

Q You mentioned that you tatked to Tina McCarty
regarding the search for records?

A Yes.

10 and construction, io A. Specifically, no,

1 Sacramento Convention Center? 1 Q Do you know what Tina McCarty did to search for
2 A__ As part of this request, we did go to other i 2 the records?
3 departments, We didn't find anything responsive outside i 3. A No
4 — of these records. | 4 Q And you also mentioned that you talked to -- or
5 Q Okay. What departments did you goto for with | 5 you contacted General Services and the Community
6 that request? | @ — Development Department?
7 A Tt would have been two major departnsents, 17 A Yes
3 General Services, which oversees real estate, and the 13 Q Do you know what they did to search for the
3 Community Development Department, which oversees building i 2 records?
li MS. SEARS: Can | have ber response read back, | LL Q And you mentioned that there are other locations
12 please? | 12 inwhich responsive documents might be located given that
13 (Record read.) 13. the ~ sounds like the records are kind of spread out
14 BY MR. BESSETTE: 14 through different departments.
a8 Q And in response to the request that was ai A. That response was in general. Ifyou are asking,
16 cirewlated, they got hack to you and told you they don't |, 16 —_generally how records are kept, that would be the correct,
17 have any records relative to the construction files for | 27 answer, Hyon are talking about this specific request,
18 the Sacramento Convention Center; is that correct? | 48 L contacted the three places we would assumed them to be,
19° A Thatis correct, as Q Okay, Allright. Thank you.
20 Q > Have you spoken to anyone else relative to a 20 MR. ZACHARIN: [just have a couple of
21 search for records for the Sacramento Convention Center? : 21° informational questions, “a
22 MR. SLONIKER: Vapue. i 22
23° BY MR. BESSETTE: 123 EXAMINATION
24 Q And ~ weil, relative to your searches, you i 24 BY MR, ZACHARIN:
25 talked to the two departments and fhen Tina? 125 Q First of ail, is this called the Convention
Page 23) Page 25

Pages 22 to 25 *

Sarnoff, A VERITEXT COMPANY
877-955-38551 Center or Community Center, the place we are talking 1 onarevord-by-record basis, It doesn't -- there is not
2 about? 2 a blanket statement that says we shall keep all records X
3 MS, DIERKING: H you know. | 3 amount of time. So | would need to know exactly what
4 BYMR. ZACHARIN: ® 4 record, and 1 would have to get back to you on that,
5 Q_Isee reference to the Sacramento Community 5 Q And would ~ the records retention policy, would
6 — Center Complex in here, and I have read a reference to © there ~ I'nt trying to figure out how to ask this
7 the Convention Center, which is what T always called it. 7 question.
a AIR | 8 ‘Does it apply to documents in categories, such as
8 MR. SLONIKER: Tlf object to lacking foundation, | 9 documents celated to construction versus contracts?
10 BYMR. ZACHARIN: [10 Oris there a way fo kind of eategorize how the retention
11 Q) Well, ifyou know. [21 policy applies to records?
12 A. Yeah, I can't say what is contained in the 112 A. There are two main ways the record retention
13 records. I refer to it in the course of my business as | 23. schedule works, One is city-wide; that applies to
44 — the Convention Center, 114 records that reside in mubtiple departments, such as
15 Q__ Have you ever beard of a structure called the 115 contracts. And it woulda’t matter that it was in this
16 Sacramento Community Center? | 16 department or that department,
17 A_ Thave heard them used interchangeably in our pur ‘The second component of the records retention
18 office. | schedule is that each department has a schedule for
19 Q_ Obay. And the other question was, and F may need documents we classify as unique to that department.
20 — toaskMr, Goodwater, Tcan ask him. But you kept Q So with respect to the General Services and
21 referring to checking with a department with Tina Community Development, they might have their own record
22 McCarty, who was the records eoordinator. retention policy specific to the document in that
23 What departinent is that? department?
a4 A CC&L, Convention, Cultare & Leisure. A. Yes, that are unique to thet department,
25 Q Say again. Q Okay, And you would be the person fo talk to ~
Page 261 Page 28
|
2A Convention, Culture & Leisure. boL A Lwould,
2 MR. ZACHARIN: Thank you | 2 Q -sbout that?
3 MR. SLONIKER: J just have a couple more / 3 ‘With respect to the searches that they did --
4 questions | 4 well, General Services. Let's take that one, With
5 | & respect to General Serviees, de you know how many people
6 FURTHER EXAMINATION / 6 they had searching for documents?
7 BY MR. SLONIKER: | 7 A ido not,
8 — Q Doyou know — you mentioned General services and | 8 Q And do you know how long they spent searching for
2 — the Community Development Department, Do you know where | 9 — documents?
10 they looked, like where physically they looked for the (40 A Tdo not,
41 documents? 21 Q And do you know the names of anyone in General
12 A. Ido not know whete General Services would have | 12. Services who searched for documents?
13 looked. Community Development, because of this exact 113 A. Idon't recall who Lashed.
14 time, their records were transferring to me and they have 114 @ And same question for Community Development. Do
15 a computer system that tracks information. And we looked (15 you know how many people they had searching for
16 inthat 116 documents?
17 Q_ Okay. And do you know what-- and this might be bay A Two,
18 overbroad. But with respect to the documents relating to 18 Q And do you know how jong they spent searching for
29 Community Development — or the Convention Center — or 119 the decuments?
20 the Community Development Center -» the Community Center | 20 A. iwas one of the two,
21 or Convention Center, do you know, is there any type of [22 Q Okay.
22 records retention policy? 2220 A. Which is why Lean say with certainty, The
23 A There ig a city-wide retention policy. 123° initial search, Tan tell you for everything was over
24  Q Whatis the retention policy if - 124 several days. Lean't tell you with specificity that T
25 A. Idoknow. Tm responsible forthat, But its | 25. spent X amount of time.

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Sarnoff, A VERITEXT COMPANY
877-955-3855Page 31

L Q Aad Community Development, you mentioned there MR. SLONIKER: Thank you.
2 was two people. Who was the other person doing the MR, BESSETTE: Tjust have a couple quick
3 searching? follow-up,
4 A Emily, Her name now is Costan, C-O-8-T-AN,
5 Q And when you were searehing for documents with FURTHER EXAMINATION
6 Ms, Costan, where physically were you looking for the BY MR. BESSETTE:
7 documents? Q dust for purposes of going back to the scope of
8 A Lwas looking in an electronic ~ your search, you were searching for records relative to
9 Q Oh, so-you were, like, in an office searching? the involvement of a company by the name of A, Teichert &
10 A Yes, {was in my office using a computer fo Son, Inc,, and its involvement at the City of Sacramento
21 search. Convention Center construction, correct?
12 Q Okay. And with respect to documents that are — A Yes.
13 that have been gathered electronically and stored, do you Q And the resutt of that search was that there are
14 know what types ~ what types of documents have been no records anywhere suggesting that there was a
15 made -- converted info an electronic form to be stored? connection between A, Teichert & Son and the construction
16 A. Relative to? of the Sacramento Convention Center, correct?
17 Q_ Relative to the Convention Center, MR. SLONIKER: Objection, Vague and ambiguoes.
18 A_ Records that would have gone before counsel would | Lack foundation as phrased, Calls for speculation,
29 be-- if counsel made an action, say, a resofution or jus THE WITNESS: Lapologize. I's been a couple
20 ordinance, those would have been digitized. A small i 20° years. Can you say it one more time?
21 fraction of overall -- City overarching building plans | 22 BY MR, BESSETTE:
22 axe being digitize, They may be included, But what they | 22 Q That wasa little bit ofa tong question.
23 have done specifically within Convention, Culture é& | 23 in your search for documents relative to A.
24 — Leisure, I can't speak to that. | 24 'Tefchert & Son and its involvement with the Sacramento
25 Q Doyoulnow if the documents that were scanned | 25 Convention Center files, you didn’t find anything, did
Page 30 i Page 32
jo ~ pe een
1 in-- or the documents that were converted into ; 1 you?
2 electronic format would have included docaments regarding | 2 MR, SLONIKER: Vague and ambiguous.
3 the relationships between different contracts on the 3 MS. DIERICING: TH object. You mean her
4 Convention Center project? | 4 personally or the overall search?
5 MR. BESSETTE: TH object as vague and 35 MR BESSETTE: Well, yes, involving the overall
6 amnbignons. | 6 search,
7 ‘THE WITNESS: ‘The -- the reason I contacted the ca MS. BURDICK: Can we speak privately?
8 — Community Development Department was they keep plang and | 8
% — pennits. They don't keep records of this nature. And 38
10 those I know have been digitized. fm personally working 10
11 on the project, Im not aware if they are or if they are ai
1.2 not doing that same sort of project internally at pie
13. Convention, Culture & Leisure, 113° search for documents and there was an original record
14 BY MR. SLONIKER: | 14 request that came to you in this case from our office,
15 Q_ Okay, And I think ~ I'm not sure if the last | 15 correct?
16 answer was -- question was as clear as I intended. |ie A Yes
17 ‘Let's say -- we'll talk about the Convention 1} 27 Q And do you recall what that request sought?
i8 Center project. There was a -- during the construction [28 A’ Generally, construction records from the '74, '75
19 project, there was a contract between Contractor A and | 19 period, early 70s of the Convention Center,
20 Contractor B, | 20  Q Okay. And in searching for those records, you
24 Do you know if that type of document would have 121 went to the two departments that you described earlier as
22 been converted to an electronic format and saved in the 122 well as talking to Tina about the records that were over
23 Community Development Center file system? 123 af the Convention Center, correct?
24 A Community Development would not have maintained | 24 A Correct.
25 that record, 125 Q And isit correct that the result of those

Page 33

Pages 30 to 33

Sarnoff, A VERITEXT COMPANY
877-955-3855searches is that the only construction files that ave in
the possession of the City of Sacramento are stored at
the City Convention Center?

A Yes, sir,

MR. SLONIKER: Objection. Calls for speculation.
Lacks foundation.

‘THE WITNESS: Yes
BY MR. BESSETTE:

Q And other department peaple told you that they
don’t have any records relative to the construction files
for the Convention Center, correct?

MR. SLONIKER: Vague and ambiguous.
THE WITNESS: Correct,
BY MR. BESSETTE:

Q And that would be the General Services Department
and the Community Development Department?

A Yes.

MR. BESSETTE: That's all the questions I have.
Anyone else?

‘Thank you, ma'am.

MS. DIERKING: J think she just wanted to explain
‘one other answer that was given earlier, if that's
alright?

MR. BESSETTE: Fair enough,

THE WITNESS: At some point I was asked if there

were other requests for the Culture & Leisure Convention
Center, and [I said that I couldn't answer with, you know,
clarity. And the reason for that is our office processes
over 2500 public records request a year. So quite
frankly, I wouldn't even have remembered this if it

hadn't been brought up.

MR. BESSETTE: Lunderstand. It was probably
unfair given that type of magnitude. But nothing jamped
out in your mind as far as a public records request for
construction files at the City Convention Ceater?

THE WITNESS: Correct,

MR, BESSETTE: Okay, Thank you, ma'am.

MS. DIERKING: Thank you.

(TIME NOTED: 10:37 am.)
w= O00 =

Page 35

OO me UH

o

1, WENDY KLOCK-IOHNSON, do hereby declare under
penalty of perjury that [ have read the foregoing
‘wanscript, that L have made aay corrections as appear
noted, in ink, initialed by me, or attached hereto; that
my testimony as contained herein, as corrected, is tme
and correct.

EXECUTED this day of,
2013, at :
(City) (State)
WENDY KLOCK-JOHNSON
VOLUME f
Page 36

I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:

‘That the foregoing proceedings were taken before
me at the time and place herein set forth; that any
witnesses in the foregoing proceedings, prior to
testifying, were placed under oath; that a verbatim
record of the proceedings was made by me using machine
shorthand which wes thereafter transcribed under my
direction; further, that the foregoing transcript is an
accurate transcription thereof.

1 further certify that I am neither financially
interested in the action nor a relative or employee of
any attorney or party to this action.

IN WITNESS WHEREOF, I have this date subscribed
my name,

Dated: April 17, 2013

Danielle de Gracia
CSR No. 13650

Page 37

Pages 34 to 37

Sarnoff, A VERITEXT COMPANY
877-955-3855EXHIBIT BmB WN

SUPERIOR COURT OF THE
COUNTY OF LOS ANGEL

ROBERT M. ROSS,

Plaintiff,

vs.

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

Defendant(s).

STATE OF CALIFORNIA
ES-CENTRAL DISTRICT

Case No. CGC-10-275731

DEPOSITION OF DANNY NEIL GOODWATER

Sacramento, California
Wednesday, April 3, 2013
Volume I

Reported by:
Danielle de Gracia
CSR No. 13650

Job No. 1630928B

PAGES 1 - 58

Sarnoff, A VERITEXT COMPANY

877-955-3855a SUPERIOR COURT OF THE STATE OF CALIFORNIA | 1 For the witness DAN GOODWATER:
2 COUNTY OF LOS ANGELES-CENTRAL DISTRICT =z CITY OF SACRAMENTO OFFICE OF THE CITY ATTORNEY
3 bo3 BY: SARI MYERS DIERKING, Atiomey at Law
a RO! . ws s, ) i 4 KOURTNEY BURDICK, Attomey at Law
5 Plaintiff, ) 8 915 1 Street, Fourth Floor
) 16 Sacramento, California 95814
6 ows. } Case No, CGC-10-275731 | 916.808.5346
+ GO MOORE 2 oo) : Sdierking@eityofsacramento.org
ENGINEERS, et al, )
6 } | 10 Also Present:
Defendantis}, ) ou Michael Smith, City of Sacramento Office of the
9 a baa City Atiomey
#6 2B
aa Deposition of DANNY NEIL GOODWATER, Volume |
12 I, taken on behalf of Defendant, at 535 Capito! Mall, i
13 Suite 280, Sacramento, California, beginning at 10:40 pu
14 am, and ending at 11:49 am. on Wednesday, April 3, 1 46
18 2013, before Danielle de Gracia, Certified Shorthand bar
16 — Reporter No, 13650, las
17 |
1e , us
a9 } 20
20 pan
21 jz
2 3
be | 24
23 [2s
Page 2 Page 4
a APPEARANCES fa APPUARANCES BY PHONE
2 i 2
3 for Plaintiff ROBERT M, ROSS: | 3 Por Defendants GIAMPOLTNI & CO,, PACIFIC MECHANICAL
4 BRAYTON-PURCELL EF 4 CORPORATION:
5 BY: GEOFF T. SLONIKER, Attomey at Law | 3 LOW, BALL & LYNCH
6 222 Rush Landing Road | 6 BY: SALLY WADE, Attemey at Law
7 Novato, California 94948 , oF 505 Montgomery Street, 7th Floor
8 415.898.1555 : 8 ‘San Francisco, Caiifornia 94142
3 Gsloniker@braytonlaw,com 3 415.981.6630
10 10
li For Defendant A. TEICHERT & SON, INC: 12 For Defendants ADVANCE MECHANICAL CONTRACTORS, INC.,
12 BRYDON HUGO & PARKER | 12. ANDERSON, ROWE & BUCKLEY, INC,, BELL PRODUCTS INC, BRAGG
13 BY: PAUL M. BESSETTE, Attomey at Law | 13 NVESTMENT COMPANY, INC, COLLINS BLECTRICAL COMPANY,
14 135 Main Street, 20th Floor L 14 INC, EMIL J. WEBER ELECTRIC CO.:
25 San Francisco, California 94105 [as HAKE LAW, A PROFESSIONAL CORPORATION:
16 415.808.0310 as BY: KATHRYN L, HOFF, Attomey at Law
17 Phessette@bhplaw.com far 655 Montgomery Street, Suite 1000
18 jie San Francisco, California 94121
19 Por Defendant SLAKEY BROTHERS, INC.: | 29 415.926.5800
20 BENNETT, SAMUELSON, REYNOLDS & ALLARD | 2°
21 BY: ALAN ZACHARIN, Attorney at Law i
22 1301 Marina Village Parkway, Suite 300 a
23 Alameda, California 94501 23
24 510.444.7688 baa
25

Page 5

Pages 2 to 5

Sarnoff, A VERITEXT COMPANY
877-955-3855For Defendants J.W. MCCLENAHAN COMPANY, INC. RED TOP |
BLECTRIC CO. EMERYVILLE, INC. |
PRINDLE, AMARO, GOETZ, HILLYARD, BARNES &
RECNHOLTZ, LLP
BY: MICHELLE C, GOLDEN, Attomey at Law
‘One Califomia Street, Suite 1910
San Francisco, California 94111
415.788.8354

For Defendant PRIBUSS ENGINEERING, INC:
ADAMS NYE BECHT, LLP
BY: GINA HARAN, Attorney at Law
222 Keamy Street, Seventh Floor
San Francisca, California 94108
418.982.8955

t
I
|
|
|

For Defendants D. ZELINSKY & SONS, INC., DURO DYNE,
CORPORATION:
WALSWORTH, FRANKLIN, BEVINS & MCCALL, LLP
BY: JORDAN B, EVERAKES, Attomey at Law
601 Montgomery Street, 9h Floor
San Francisco, California 94111
445.781.7072

Por Defendants ACCG ENGINEERBD SYSTEMS, INC. DW,
‘NICHOLSON CORPORATION, LONE STAR INDUSTRIES, FLUOR
CORPORATION, RAYMOND INTERIOR SYSTEMS-NORTH, VAN-MULDER
SHEET METAL, INC:

FOLEY & MANSFIELD

BY: LISA SEARS, Aitomey 3t Law

DANIEL RUDDENBERG, Aterney at Law

300 Lakeside Drive, Ste 1900

‘Oakld, California 94612

519.590.9500

For Defeadant BALLIET BROS, CONSTRUCTION
BASSI, EDLIN, HIE & BLUM, LLP
BY: ERIN K, POPPLER, Atorey ot Law
$60 Washington Street, Suite 700
San Francisco, Californie 94111
415.397, $005

For Defendant CALIFORNIA DRYWALL CO.
BURNHAM BROWN
BY. WALTER RUNDIN, Attomey at Law
1901 Harrison Street, {41h Floor
Oakland, California 94512

510.444.6800
Page 6 Page 8
For Defendant RUDOLPH AND SLETTEN: INDEX
BISHOP, BARRY, DRATH
BY: JOHN BURKE, Attorney at Law WITNESS EXAMINATION
2000 Powell Street, Suite 1425 DANNY NEIL GOODWATER,
Emeryville, California 94608 VOLUME I
510.596,0888
1 BY MR. BESSETTE 10
Por Defendant CRITCHFIELD MECHANICAL, INC., HAROLD BY MR. SLONIKER_ AT
BEASLEY PLUMBING AND HEATING, INC, 8.J. AMOROSO | BY MR, ZACHARIN 51
CONSTRUCTION CO, INC.: '
~~ 000 —

BUTY & CURLIANO.

BY: JOSH SULLIVAN, Attorney at Law
555 12th Street, Suite 1280

Oakland, California 94607

510.267.3000

For Defendant TEMPORARY PLANE CLEANERS. INC:
COOLEY MANION JONES, LLP
BY: LINDSAY WEISS, Attomey at Law
201 Spear Street, Suite 1800
San Francisco, Catifornia 94105
445.512.4381

PREVIOUSLY MARKED EXHIBITS

NUMBER PAGE
ExhibitA 13
Exhibit 13

== 000 -—

Page 9

Pages 6 to 9

Sarnoff, A VERITEXT COMPANY
877-955-3855,Sacramento, California, Wednesday, April 3, 2013 1
10:40 am. 2

3

DANNY NEIL GOODWATER, ia

having been administered an oath, was examined and ios
testified as follows: 6
1

EXAMINATION Ls

BY MR. BESSETTE: Los
Q Good morning, sir, lao
A Good moming, par
Q My name is Paul Bessette. J introduced myself to | 32
you just a moment ago, I'm counsel for a defendant in | 13
this litigation. jaa
Wirst of all, have you ever had your deposition has
taken before? (16
No. pL?

Q Okay. Can you please state your fullname for 18

the record? jig
A. My name ~- my full name is Danny Neil Goodwater. | 2¢
Q And you currently work for the City of 2
Sacramento? | 22
A Yes. | 23
Q What's your job title? ' 24
A. Operations manager. | 28
{

Q And what department is that in? 4
A Sacramento Convention Center. 2
Q. How tong have you held that position? (3
A. Since 2007, ; 4
Q Did you work for the City prior to 20077 los
A Yes. 16
Q What was your job title? | 7
A Thad two titles. First one was senior 13

stationary engineer. And then { moved up to mechanical fo

maintenance supervisor. lio
Q Allright. Why don't we run -- go back to the faa
beginning. p12
When did you first start with the City of pia
Sacramento? bad
1993. 45

Q) And what was your position af that time? | 16
A. Senior stationary engineer. fly
Q And what department was that in? [ae
A. Atthe Convention Center. ig
Q And how long were you senior stationary engineer? | 20
A [want to say untii 2005. lan
Q > And your job title then changed? (22
A It changed, correct, (23
Q. And what was the official title at that time? (24
A. Mechanical maintenance supervisor. (25

Page iL '

Q And that was at the Convention Center?

A Yes,

Q Okay. And then in 2007 you took on your current
capacity?

A Yes,

Q Okay. I'm briefly going to run through some of
the ground rules of this proceeding.

Kirst of all, you are under oath to tell the
truth as though you were in a courtroom; you understand
that?

A Yes.

Q Ifat any time you don't understand the question
that's asked of you, please let us know and we will be
more than happy fo rephrase.

‘This process here is being recorded and reported
hy a court reporter. At the end of this process, you are
going to have the opportunity to review your testimony,
and you can make changes to your testimony, But I must
caution you that any changes that you make fo your
testimony may be commented on by the attorneys at trials
do you understand that?

A Yes,

Q We're going to be questioning you on some
historical events that took place back in the 1970s, and
what we are look for here is your personal knowledge. We

don't want you to guess or speculate. So if there is
information that sought from you that would require you
fo guess or speculate, please let us know and we will ask
a question that secks your personal knowledge, Okay?

A Okay.

Q The court reporter here is taking down the
questions and your responses. If you can please allow
the questions to be completed prior fo answering so that
we are not talking over one another. Phat would be of
assistance to the court reporter, And we will accord you
the same courtesy in allowing you to finish your response
prior te another question being asked.

Hf at any time during the course of this
proceeding you would like to take a break, I would be
more than happy to doso.

You are appearing here pursuant to a subpoena to
the City of Sacramento, correct?

A Yes,

Q And pursuant to the California Government Code,
I'm going to forward to the attorney from the City
Attorney's Office here a witness fee check I have in
front of you two exhibits, and we will continue with the
same marking and use the same exhibits that were used in
the deposition that we just completed a couple minutes
ago. And they are Exhibits A and B.

Page 13

Pages 10 to 13

Sarnoff, A VERITEXT COMPANY
877-955-3855Exhibit A is the notice of deposition and
subpoena, and Exhibit B is a packet of documents produced
by the City of Sacramento pursuant to a Freedom of
Information Act request,
First of all, a couple of preliminary questions.
Relative to your current duties with the City of
Sacramento, can you describe what your responsibilities
are?
A. Tm tesponsible for the day-to-day operations of
the Convention Center,
Q Can you describe for us what that entails?
A. Setting up the Convention Center for clients to (12

utilize the facility, the maintenance and fepair of the 3
facility, and any projects that may occur ax far as 14
upgrades or repairs. bis
Q We-scen some records relative to the Sacramento 16
Convention Center that sort of interchangeably use the (a7
word ~ the term Sacramento Community Center, Areyou | 18
familiar with that term, Sacramento Community Center? | 19
A Yes. | 20
Q_ Is that one in the same with the Sacramento pan
Convention Center? 522
A Yes, }23
Q Relative to efforts to request documents from the i 24
City of Sacramento, in particular, for construction files [28
Page 14 |
for the Convention Center, have you in the past | 1
participated in searches for records for construction =| 2
files? | 3
A. Yes, I have. 4
Q Prior to this case, { guess, is what I'm asking, f5
you. So 6
A. Most them have been. 7
Q Okay. And what have you done? i838
A. Find files that they wanted to know what the ; 9
original specs of a patticular part of the original lio
facility was. We looked at those. | ai
Q And does the City maintain the original | 12
specifications for the construction of the Convention ' 13
Center? ji4

A Yes. pis

Q > And where are those records maintained? i 16
A_ At the Convention Center. fly
Q > Whereabouts at the Convention Center are the | 18

construction files and specifications maintained? as

A. Those specs and proofs submittals are in the 20
basement of the expansion of the Convention Center. | 2h
Q For lack of a better description, is the {22

maintenance of those construction records within your | 23

purview of responsibility? laa

MR. SLONIKER: Vague and ambiguous. | 25
Page 15

THE WITNESS; I'm sorry?
MS, DIERKING: Jf you understand, you can answer.
THE WITNESS: Okay. 1 didn't --
MR. SLONIKER: Oh, sorry, Jil be making
objections, Other people might be every once in a while.
MR. ZACHARIN: [t means nothing to you. It's
just for the record.
THE WITNESS: Okay.
BY MR. BESSETTE:

Q Do you understand the question?

A. Repeat it again.

Q Sure, The maintenance of records for the
construction of the Convention Center, is that something
within the purview of your department?

MR. SLONIKER: Vague and ambiguous.
THE WITNESS: Yes.
BY MR, BESSETTE:

Q And in your searches for construction files, can
you describe the actual physical location? Is there a
room number where those materials are located?

A Itsabasement. There is not a particular
number that I'm familiar with, It's just a basement.

Plan room.
Q And how are those records stored and maintained?
A. They are in file cabinets.

Q What's the approximate number of file cabinets?

A Three,

MS. DIERKING: 1H just -- sorry. Fl object
as to vague, Did you mean just with respect to the
specifications or all of the records?

MR, BESSETTE: That's correct.

BY MR. BESSETTE:

Q As far as the maintenance of records for the
specifications and the construction files for the
Convention Center, are those all maintained in the three
file cabinets?

MR. SLONIKER: Vague as to construction files,

THE WITNESS: Yes.

BY MR. BESSETTE:

Q In the course of your search over the course of,
let's just say in your capacity as -- in your current
capacity, have you done searches relative to either
contractors or subcontractors in the original
construction of the Convention Center?

A No.

Q_ In this case did you have an opportunity to
review the constraction files for the Sacramento
Convention Center?

MR. SLONIKER: Overbroad.

THE WITNESS: Can you clarify?

Page 17

Pages 14 to 17

Sarnoff, A VERITEXT COMPANY
877-955-3855Ow Aane woe

BY MR. BESSETTE: | 1
Q Well, yeah. Did you have the opportunity to go ie
down and look at the file cabinets for the Sacramento | 3
Convention Center construction in the Ross case pursuant | 4
to the public recards request? fos
A. I didn't review them personally. I just pulled 16
the files that was requested. \ 1
Q Are you aware of the existence of any Sacramento |
Convention Center construetion files located at a 13
location other than down in the basement at the Pio
Convention Center? pa
A No, I'm not aware of any. 12
Q. Have you participated in any searches for records | 13

that might be maintained in other departments for the
City of Sacramento?

A No.

Q > Are you aware of any litigation that may have
taken place since the construction of the Sacramento
Convention Center relative to disputes either between the | 19

City of Sacramento and contractors? (20
A No. ca
@ = Are you aware of any claims of asbestos exposure i 22

at the Sacramento Convention Center? 123
A No. 124
Q Are you aware of any asbestos abatement protocols / 25

that may bave been implemented for asbestos at the jt
Sacramento Convention Center? i 2
MR. SLONIKER: Vague as to time, Overbroad. 13
THE WITNESS: [am aware of abatements over the boa
years, Yes. ig
BY MR. BESSETTE: i 6
Q Okay, And do you know when those were performed? | 7
A Multiple years as work was being completed (8
Q Do you know -- what's your knowledge of a time | a
frame for thaf? Do you know when the first abatement | 40
programs was implemented? a
A. Tdon't know 12
MR, SLONIKER: Objection, Lacks foundation. a
‘THE WIINESS: ~when the first one was, No baa

BY MR. BESSETTE: fas
Q Do you know when the most recent one was? 16
A. Probably about a year ago. cay
Q Asyou sit here today, do you have an (le
waderstanding of any locations where asbestos was pas
identified and abated at the Sacramento Convention (20
Center? jan
A Yes, | 22
Q And what are those locations? 23
A. Multiple locations within the complex loa
Q Any specifics come to mind as you sit here today? b25

Page 13)

A. Its been discovered on our testing on structural
steel and old adhesives for baseboard and floor tiles.

Q Doyou have any understanding as to the
responsible -- the entities that were responsible for the
installation of those materials?

A No,

Q Do you have any understanding as to who was
responsible for identifying asbestos at the Sacramento
Convention Center?

MR, SLONIKER: Vague and ambiguous.

MS. DIERKING: You know, and I'll object, H's a
little beyond the scope of what the subpoena had called
for

MR. BESSETTE: Fair cnough. And actually I'm
just trying to Tay some foundation for any searches that
may have been conducted relative to contractors, general
contractors and other entities at the ~- for the original
construction,

BY MR. BESSETTE:

Q So just to wrap that area up, has the City of
Sacramento been in contact with the general contractor or
the subcontractors af the project relative to the
construction of the Convention Center since you have been
in your current capacity?

MR, SLONIKER: Objection, Vague and ambiguous.

Lacks foundation when teferring to the City of
Sacramento.

MS. DIERKING: Join. If you know.

‘THE WITNESS: I don’t know.

MS. DIERKING: Counsel, can we take a break fora
moment?

MR. BESSETTE: Sure.

{Revess.)
BY MR. BESSETTE:

Q For the file cabinets that are located in the
basement, can you tell us how they are organized, if you
know?

A. Wall, there are throe different cabinets, so they
are organized with the -- there are some files that are
overall project, and then a lot of them are the proof
submittals and their appropriate divisions

Q So when you say the overall project, what is your
understanding of what that entails?

A Tm not sure the total scope of it. But some of
them are just correspondence and some of them are just
like project logs.

Q You mentioned that there are some plans and
specifications. How are those stored?

A. Those are within the three file cabinets,

Q Are they rolls of blueprints? Or how do those

Page 21

Pages 18 to 21

Sarnoff, A VERITEXT COMPANY
877-985-3855appear in the files?

A. Those are files, and then I have as-built
blueprints.

Q In the course of your current activities, do you
have a need to go back and reference those materials -~

MR. SLONIKER: Vague.
BY MR. BESSETTE:

Q ~ in the three file cabinets?

A. Yes. Typically submittals.

Q So we talked about going back to the plans and
specifications for purposes of just requests for original
specifications; is that correct?

A Correct.

Q And you have done that?

A. Yes, Thave done for — seeing what was
installed,

Q So you are familiar with the content of the three
file cabinets, correct’?

MR, SLONIKER: Vague and ambiguous as to familiar
with,

THE WITNESS: Most of them,
BY MR. BESSETTE:

Q Okay. Do you have an understanding as you sit
here today of the date of construction for the Sacramento
Convention Center?

Page

MR. SLONIKER: Are you talking about new
construction as opposed to --
BY MR. BESSETTE:
Original construction.
Original?
Yes.
f'm aware of the time line. Yes.
And what's your understanding of the time line?
Started in 1972, 1 believe, and completed in '74,
And do you have an understanding as to the
identity of the general contractor for that coustruction
work between 1972 and 1974?
MR, SLONIKER: Objection, Lacks foundation.
THE WITNESS: I'm not sure who that was.
BY MR. BESSETTE:

Q Okay. In this case have you reviewed records
relative to the general contractor at the site between
1972 and 1974?

MR. SLONIKER: I'm sorry, Can I have the
question read back?

(Record read.)

MR, BESSETTE: And I'll restate it. Sorry,
BY MR, BESSETTE:

Q Have you reviewed any records that shed fight on
the identity of the general contractor at the Sacramento

Ore ro ro

Page 23)

2)

Leen ennai

Convention Center between is 1972 and 1974?

MR, SLONIKER: Vague and antbiguous,

THE WITNESS: I do not