Order: JOYCE JUELCH, ET AL VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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                                BRAYTON PURCELL LLP

ATTORNEYS AT LAW

222 RUSH LANDING ROAD

PO BOX 6169

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

RON G. ARCHER, ESQ., SB. #189429 ELECTRONICALLY

BRAYTON“ *PURCELL LLP

Attorneys at Law FILED
222 Rush Landing Road Superior Court of California,
P.O. Box 6169 County of San Francisco

Novato, California 94948-6169 MAR 10 2010

(415) 898-1555
Tentative Ruling Contest Email: contestasbestosTR@braytonlaw. comee arc of the Court,

Deputy Clerk
Attorneys for Plaintiffs “pes
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOYCE JUELCH and ) ASBESTOS
NORMA JUELCH, SR., ) No. CGC-09-275212
)
Plaintiffs, } DECLARATION OF RICHARD M.
GRANT IN SUPPORT OF PLAINTIFFS’
VS. ) OPPOSITION TO DEFENDANT
) METALCLAD INSULATION
ASBESTOS DEFENDANTS (B“P) ) CORPORATION’S MOTION FOR

SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION

Date: March 18, 2010

Time: 9:30 a.m.

Dept.: 220, Hon. Harold E. Kahn
Tnal Date: April 5, 2010

Action Filed: May 20, 2009

I, Richard M. Grant, declare as follows:

1, Iam 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.

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uy

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% sessing surat -METALC ni wed 1 BGA

HARD M. GRANT IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT METALCLAD
RauLTONe CORPORATION ‘S$ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONoC mw NK Oh Rh BW ON

2. Attached as Exhibit A is a true and correct copy of excerpts of Joyce Juelch

testimony of November 19, 2009 at 719:2-726:13.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on Lh one/t~ /¢ eord , at Novato, California.
wht . . Grant
‘K.Alnjurgd\31 08685 pedee-rmg-METALC me). ype 2 RGA

Bs OF IARD M. GRANT IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT METALCLAD
De AON CORPORATION'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT AScanned Copy

0567

1 IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA

2 IN AND FOR THE COUNTY OF SAN FRANCISCO
3 ---0O0---
4 JOYCE JUELCH and NORMAN JUELCH,
SR.,
5
Plaintiffs,
6 No. 275212
VS.
7
ASBESTOS DEFENDANTS,
8
Defendants.
9 /
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15 DISCOVERY DEPOSITION OF JOYCE JUELCH
16 VOLUME V
17 (Pages 567 to 743, inclusive)
18
19 Taken before SANDRA M. LEE
20 CSR No. 9971
21 _ November 19, 2009
22
23

A
EXHIBIT13 Q. So you rented a home for a month?

14 A. Yes.

15 Q. Do you know the address of that home?

16 A. No, I do not.

17 Q. Was there a washer and dryer in the home?

18 A. Yes. It was our washer and dryer.

19 Q. Where was that located?
20 A. It was in the garage.
21 Q. Had you started as an insulator at this
22 point --
23 A. No.
24 Q. -- your first month?
25 Were you working?
0719

i A. Yes.

2 Q. And Mr. Juelch was working?

3 A. Yes.

4 Q. And when Mr. Juelch got home from work -- let
§ meask you: During the time he worked for Plant

6 Insulation, do you know what type of clothes he wore to
7 work?

8 A. His everyday clothes, a pair of jeans and a

9 T shirt and a shirt.

10 Q. Did -- when he arrived on the job site, was he
11 provided any type of coveralls?

12 A. No.

13 Q. So the clothes that he wore when he left home
14 were the clothes that he worked in?

1s A. That's correct.

16 Q. When he got home from work, where would he17 typically -- what would he typically do first?

18 A. He would go in and get him something to drink,
19 go into the restroom and he would usually change his
20 clothes in the restroom and put on other clothes. Then
21 he'd usually go outside.
22 Q. What did he do with his work clothes; did he
23 leave them in the bedroom or take them someplace?
24 A. He took them to the garage.
25 Q. At the time you married Mr. Juelch, were your
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1 two daughters living with you?

2 A. No. [had one daughter living with me.

3 Q. Which one was that?

4 A. The youngest one, Nina.

5 Q. How old was she?

6 A. He was 15.

7 Q. Did Nina help at all in the laundry of his

8 clothes?’ ..

9 A. No.

10 Q. Who did the laundry?

il A. I did.

12 Q. How often would you wash the work clothes of
13 your husband?

14 A. Every other day.

15 Q. And describe for me typically how you would go
16 about washing his clothes.

17 A. Usually what I would do is I'd open up the

18 garage door and make sure the garage door was open. I'd
19 shake his clothes out. I would run water into the
20 washing machine with the soap, and then I put theclothes in the washing machine. ©

21

22 Q. Then you'd put them into the dryer?

23 A. Yes.

24 Q. Why did you shake his clothes prior to putting
25 them in the washer?

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A. Because of the discoloration that was on the
clothing. It was usually white dust, light material a
lot of times. Other type of kind of sticky material.

So I would just shake it out before I put it in my
washing machine.

Q. And you told me you'd make sure the door was
open first?

A. Yes.

Q. Would you shake the clothes outside the door?

A. Yes.

MR. HOLMAN: Any follow-up on the first home?
BY MR. HOLMAN:

Q. You moved to a second home, then, and you lived
there for about a year.

Was that in Stockton?

A. It was in Stockton.

Q. Do you have an address?

A. It was -- the name of the street was Evergreen.

I do not recall the address, the numbers.

Q. Did you rent that home?

A. We were renting on a lease option. Then he
decided that he didn't want to stay there. We stayed
there for approximately a year, and then we moved to a
house up in Valley Springs.25

Q. For that rental home on -- what did you say it

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was?

. Evergreen.

. Was there a washer and dryer at that home?
Our own.

. Where was that located?

. In the garage.

. Was the garage separated from the house?

No.

. Was there a door that separated the garage and
the home?

A. Yes.

Q. When your husband got home from work -- well,
let me ask you this: When you moved into this second
home, were you working as an insulator at that time? -

-A. No.

Q. But you were still employed?

A. Yes. /

Q. When your husband got home from work, would he
take his work clothes off?

A. Basically the same thing. He'd go to the
restroom, is usually where he took his work clothes off
and then brought them back out to the garage.

Q. Did the manner in which you washed his clothes’
change at all?

A. No.

O>rOrOPrO>

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Q. Did your daughter, who is a little older at

this point, start helping?3 A. No.

4 Q. Then at some point, you moved into your own
3 home about a year later?

6 A. Yes.

7 Q. Do you have an address for that home?

8 A. I believe it was 2657 -- I can't remember

9 exactly, but it was Valley Springs, is where we lived
10 at. .

11 Q. You lived there about four years?

12 A. Yes. McAtee.

13 Q. What was that?

14 A. McAtee was the name of the street, but the
15 address itself I can't remember.

16 Q. You lived im the McAtee home for about four
17 years?

18 A. Yes.

19 Q. At that point, were you working as an
20 insulator? ..
21 A. Yes.
22 Q. Did that home have a washer and dryer?
23 A. My own.
24 Q. Where were they located?
25 A. In the garage.
0724

1 Q. Was the garage detached from the home?

2 A. No.

3 Q. Was there a door that separated the garage from
4 the home?

5 A. Yes.

6 Q. Did the manner in which your husband changedclothes at the end of the day and your washing of his

8 clothes change in any way?

9 A. No.

10 Q. Did you come home -- what was -- when you got
11 home from work, what was your daily routine?

12 A. My routine is I had a house coat that I had out

13 in the garage. I put my house coat on. I'd go in and

14 take my shower. My dirty clothes was left outside in

15 the garage. [take my shower, and then I put my clothes
16 on.

17 Q. Were you still responsible for the washing of

18 the clothes?

19 A. Yes.
20 Q. You're not only washing your husband's clothes
21. but your work clothes?
22 A. Yes.
23 Q. Did your daughter ever help you in that
24 four-year period?
25 A. No.
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1 Q. Did you shake your clothes out and your

2 husband's clothes out as you had done prior?

3 A. Yes.

4 Q. Did you do that outside?

5 A. Outside.

6 Q. My math is not great.

7 1981, you married. You said a month. That

8 takes us up to about 1986. Do you know where you moved
9 to at that pomt?

10 A. [I moved to -- we moved on California Street inli Stockton.

12 Q. How long did you live there?

13 A. We lived there about three or four months

14 until -- we were still trying to look for us a place

15 where we were going to --

16 Q. Let's stay with that one for this time.

17 A, Okay.

18 Q. Was there a washer and dryer?

19 A. My own.
20 Q. Where was that located?
21 A. It was -- had a washroom in the house.
22 Q. Inthe house?
23. =A. Yeah. On the back porch area. It was a
24 washroom.
25 Q. Did the manner in which you washed your clothes
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1 and your husband's clothes change in any way?

2 A. Instead of going out of the garage door, I went
3 out the door to outside to shake my clothes and bring
4 ther back in. I just washed our work clothes together,
5 but not our regular clothes. We wore -- you know, the
6 work clothes was washed together. I didn't wash them
7 with the other clothes.

8 Q. Is that through -- during the entire time --

9 A. Yes.

10 Q. -- that you were married to Mr. Juelch until

11 you both retired that you -- if it was his work clothes
12 or his and yours that you would wash them separate from
13 any other piece of laundry?

14 A. Yes.15 Q. Where did you move after this period of three
16 or four months in Stockton?

17 A. We moved to Pine Grove.

18 Q. How long did you live in Pine Grove?

19 A. We lived in Pine Grove for about two years.
20 Q. Did you retire -- at the time you retired, were
21 you living in Pine Grove?

22 A. Norman was,

23 Q. Pine Grove is a town?

24 A. Pine Grove is a town off of 88, Highway 88,
25 heading up towards Lake Tahoe.

0727 |

1 Q. Did you have a washer and dryer in that home?
2 A. Yes, I did.

3 Q. Was that in the garage or on a porch?

4 A. It was in the garage.

5 Q. Was the garage separated from the home?

6 A. No.

7. . Was there a door between the garage and the
8 home?

9 A. Yes.

10 Q. Did the manner th which you washed your

11 husband's clothes and your clothes change in any way?
12 A. No.

13 Q. You still shook them outside?

14 A. Yes.

15 Q. And washed them separately in the washing

16 machine?

17 A. Yes.

18 Q. The time you got married, did your husband own