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

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                                LEWIS BRISBOIS BISGAARD & SMITH tir
221 NORTH FIGUEROA STREET, SUITE 1200
LOS ANGELES, CALIFORNIA 90012
TELEPHONE 213.250.1800

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LEWIS BRISBOIS BISGAARD & SMITH LLP

CAMILLE FONG, SBN# 113123
JOHN A. HOLMAN, SBN# 176947
One Sansome Street, Suite 1400
San Francisco, California 94104
Telephone: (415) 362-2580
Facsimile: (415) 434-0882

Attorneys for Defendant
KAISER GYPSUM COMPANY, INC,

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 26 2010
Clerk of the Court
BY: VANESSA WU
i Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

JOYCE JUELCH and NORMAN JUELCH,
Plaintiffs,
Vv.
ASBESTOS DEFENDANTS (BP), et al.,

Defendants.

1, John Holman, declare as follows:

CASE NO. CGC 09-275212

DECLARATION OF JOHN A, HOLMAN
IN SUPPORT HANSON PERMANENTE
CEMENT, INC.’S MOTION FOR
SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION

DATE: March 18, 2010
TIME: 9:30 a.m.

DEPT.: 220

JUDGE: Hon, Harold E. Kahn

‘Trial Date: April 5, 2010
Action Filed: May 20, 2009

1. Iam an attomey duly licensed to practice in all of the courts of the State of California

and am an associate with Lewis Bisbois Bisgaard & Smith LLP, attorneys of record for
KAISER GYPSUM COMPANY, INC. (“KAISER GYPSUM").

2. Attached as Exhibit A is a true and correct copy of the San Francisco Superior Court
General Order 129 Special Interrogatories, Set One, to Plaintiff and Plaintiff's
Responses to General 129 Special Interrogatories, Set One.

3. Attached as Exhibit B is a true and correct copy of the San Francisco Superior Court

. General Order 129 Special Interrogatories, Set Two, to Plaintiff and Plaintiff's

Responses to General Order 129 Special Interrogatories, Set Two.

4847-7842-3301.1

L
DECLARATION OF JOHN A. HOLMAN IN SUPPORT OF HANSON PERMENANTE CEMENT, INC.’S

MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE 8)

YY ADJUDICATIONTELEPHONE 213.250.1800

Lewis BRiSBOIS BISGAARD & SMITH LLP
224 NORTH FIGUEROA STREET, SUITE 1200
LOS ANGELES, CALIFORNIA 80012

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14,

15.

16,

17,

Attached as Exhibit C is Kaiser Cement’s Special Tnteerogatonies propounded on
Plaintiff Joyce Juelch.

Attached as Exhibit D is Kaiser Cement’s Form Interrogatories propounded on
Plaintiff Joyce Juelch.

Attached as Exhibit E is Kaiser Cement’s Request for Production of Documents
propounded on Plaintiff Joyce Juelch.

Attached as Exhibit F is Kaiser Cement’s Request for Admissions propounded on
Plaintiff Joyce Juelch.

Attached as Exhibit G is Plaintiff's responses to Kaiser Cement’s Special
Interrogatories.

Attached as Exhibit H is Plaintiff's responses to Kaiser Cement s Form
Interrogatories,

Attached as Exhibit I is Plaintiff's responses to Kaiser Cement’s Request for
Production of Documents.

Attached as Exhibit J is Plaintiff's responses to Kaiser Cement’s Request for
Admissions. !

Attached as Exhibit K is a true and correct copy of the relevant portions of the
deposition of Joyce Juelch deposition, Volume 1, dated September 16, 2009.
Attached as Exhibit L is a true and correct copy of the relevant portions of the
deposition of Joyce Juelch deposition, Volume 6, dated November 20, 2009.
Attached as Exhibit M is a true and correct copy of the Declaration of Jacob Wiebe
of Dameron Hospital and supporting site plan documents.

Attached as Exhibit N is a true and correct copy of the Deposition of George Kirk
taken in the matter of Henry Haba in the State of Washington dated November 27,
2002. :

Attached as Exhibit O is a true and correct copy of the Declaration of George Kirk in
the case of Cavesina v. Owens-Illinois Los Angeles Superior Court BBC 329514 dated
July 7, 2006 establishing that Kaiser Gypsum drywall never contained asbestos,

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

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4847-7842-3301.4 2

DECLARATION OF JOHN A. HOLMAN IN SUPPORT OF RAISER CEMENT CORPORATION'S MOTION

FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATIONLEWIS BRISBOIS BISGAARD & SMITH LLP

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foregoing is true and correct and that this Declaration was executed on February 26, 2009.

‘ J >HOLMAN

4847-7842-3301.1

DECLARATION OF JOHN A. HOLMAN IN SUPPORT OF KAISER CEMENT CORPORATION'S MOTI
R SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATIONEXHIBIT A=

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CALIFORNIA SUPERIOR COURT
- CITY AND COUNTY OF SAN FRANCISCO

. NO.
Plaintifits), }
) DEFENDANTS' STANDARD
vs. 5 INTERROGATO! :
} TO PLAINTIFF (P
Defendant(s). ) Inler). Set

nt)

PROPOUNDING PARTY: Defeadants,
RESPONDING PARTY:
SET NUMBER: One |
INTRODUCTION

Pursuant to San Francisco General Onder'No. 129 each paint inthe above-c1jtioned
asbestos litigation is required to respond to the following standard interrogatories separktely and
fally in writing, under oath, pursuant to Code of Civil Procedure Section 2030 within fifteen (15)
days of the first service on any defendant ofa complaint. In responding to these standand
intesrogatorics, YOU are required to fismish ell information that js available to YOU oc YOUR
stiormey(6). If YOU cannot answer a standard interrogatory completely, answer it to the fullest
extent possible and specify the reasons) for YOUR inability to respond fly.

Hany defeat ot stl wi the epost incoguaiy, ny oe defendant

Exhibit B to General Order 29 -1-oP YS DH & BW ND om

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After consliaton with Designated Defense Counsel, may move to compel aproprste responses
under the applicable California Code of Civil Procedure sections snd after complying with Califomia
Rules of Court and Local Rules of Comt. / Lok .

L “AREA” means the name ofthe specific structure, building, building eumber, floor of
the building, sh compere, eens in noe of opment or ahr pect as within
the WORKSITE.

2. “ASBESTOS-CONTAINING MATERIAL” moeans a material or product which
consists of, or contains the mnineral ashestos.

3. “CONTROL” mean thes) of desing te mamer andlor method of condutng,
the work at a WORKSITE,

4 “DESCRIBE” as it relates to material means provide a complete desription of the
material including but not limited to: the material name, manufacturer, supplier, distributor, color,
texture, consistency, shape, size and any markings; a desorption of the material's container
including size, colot and all writing an that container; and a description of how the matetial was

5. “DOCUMENTS” means any writing, as defined in Evidence Code Section 250 and
inci the original ora copy of andwiting,typewriing, printing, photostatng, photographing,
communication or representation including letters, words, pictures, sounds or symbols or
combinations of them,

6. “IDENTIFY” as it relates to a DOCUMENT means provide the title of the
DOCUMENT, the date the DOCUMENT was generated, the name of the author of the
DOCUMENT, a description of the DOCUMENT (e.g., letter, memorandum, report, book,
photograph, ete.) and any other information which would be required to specify the LOCUMENT in
48 request for production of DOCUMENTS issued pursuant to Code of Civil Procedue Sedtion 2031.

“7... “IDENTIFY” as it rélates to an employer means to state the employer's name, address
and telephone number.

Exhibit B to General Onder 29 72-oe NN a uw em ow ND ee

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& “TOENTIFY™ as it relates to a person means to provide the name, place of
employment, job title, address and telephone number for cach person.

9. “IDENTIFY” as it relates to a ship means to state the name of the ship, the ovmer of
the ship, the operator ofthe ship, the type of ship, andthe hull number of the ship. .

10. “LOCATION” means the city, state, country, street address, intersection or shipyard.
For work aboard ship, pioase IDENTIFY the ship and where it was located during the time YOU |
‘worked on board, . /

11. “OCCASION" refers to aday, any part of a day, or a series of day(s), week(s),
month(a) or year(s) during which YOU worked continuously at's WORKSITE.

12. “RAW ASBESTOS” means asbestos fiber mined or milled, either packaged or in
Ii not compounded wit or nce meal pr wth exception etal
occurring trace amounts of other substances. |

13. “RESPONSIBLE PARTY” means any person, business organization, or enterprise,
including but not limited to the defendants in this action.

‘14. “SAFETY PRECAUTION? means respirators, imasks, fims, air blowers, tarps, wet-
dom proces nlion nny te een andlor mods ol into event
exposure to dust.

15. WORKSITE” mea any LOCATION where YOU woke ny tne

16. “YOU” and “YOUR” refer to tho person who is named above as the responding party,

Emore than one responding porty is named, “YOU” and "YOUR" refer to each responding party
separately, not jointly.
INTERROGATORIES
1. Please state YOUR:
ok Full name including first, middle and last names;
B. Date of birth;
C Age:
D: Place of birth;
KE. Address;

Exhibit B to General Onder 29 Be© @ A Um ww Bom

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F. Height and weight;
‘G Social Security number;
HL Kaiser number;
I. Government Serial number;
K. _ Driver's license number and state;
L. _Allof the names by which YOU have been known;
M. Highest grade lovel of school completed;
N. Current spouse’s name; :
©. Spouse's date of bith; _
P. Date of current marriage;
2° Spouse’s current address;
R Spouse’s occupation/employer;
S. Name(s) of any former spouse(s); -
T. Date(s) of any former marriage(s); and

U. Place; date and circumstances under which any marriage(s) was (were) ilissolved or
2. -Foreach child (cither natural or adopted) of any marriage, state:

A. Name;

B. Date of birth;

C.. Whether natural or adopted;

YD Address:

. _Ocoupation: and ~

F. Whether the child is living or dead.
3. _Arecither of YOUR natural parents alive? If YOUR answer is “yes”, please stnte for each
parent: :

‘A. ‘Name of parent;

B. Current age;

Exhibit B to Geateral Order 29 -4-_

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C.- Any history of cancer or respiratory disease; and

D Occupation.
4. Foreach of YOUR blood relatives (for example: parent, grandparent, sibling, child, aunt,
tose) whom YOU tele died other amaligany (canes) opalmonary Qu) dna oe
Sen postnonia plese Sate, separately fo each person:
Full name;
Blood selaon to YOU (lor example: poren,grandperet, sing, aunt, unl
Ago at death;
Date of death;
City, county and state where the person died; and
The cause of death, as specifically described as possible;
Either (1) attach all DOCUMENTS évidencing the information sought in tis
interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may
be made the subject ofa request for production of documents,
5 State as completely as possbe the adds of cach of YOUR residences dang YOUR
lifistime and the inclusive dates of each period of stich residence. |
6. State YOUR educational background and identify all institutions attended, including any
sppreaticeship courses, ot formal on-the-job training and identify ll institutions attended, the date
{7aduated from each ination, and YOUR major course of study and any special scholastic honors
or degrees received. Lo : .
7. State the earliest date that secvicé of the surimons and complaint was effected on any
defendant in this case.
8. Have YOU ever been convicted of a felony? If“yes”, please state fully and in detail the date,
place and nature of each such felony conviction. Either (1) attach all DOCUMENTS evidencing the
information sought in this imterrogatory and its subparts to YOUR answers to these interrogatories or
(2) attach disks containing such data ot (3) desorbe stich DOCUMENTS with suficient particularity
that they may be made the subject of request for production of documents. ,

. Exhibit B to General Order 29 -5-

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9. Have YOU ever been a member of the Armed Forces? If“yes”, please state: iach beach of
service jn hich YOU served; the inchsive dates of YOUR service the date of YOUR discharge
from active duty; YOUR service number; each place (¢.g., fort, bese, station, etc.) at which YOU
served; and YOUR duties at each place. If YOU have not ever been a member of the Armed Forces
due to health reasons, please state the health reasons, . /
10, Forevery doctor who has ever treated or examined YOU during the last 10 years for any
condition, snd beyond 10 years for cancer and/or conditions related tothe lungs, respiratory system,
and/or ribs and any additional complainis or conditions stated in response to Interrogatory No. 16,
please state for each treatment of examination: |

A. —- Doctor’s name;

a

Hither (1) sftach all DOCUMENTS evidencing the information soughtiin this :
intetrogatory and its subparts to YOUR answers to these interrogatories of (2) attach disks
containing such data or 5) deerbe such DOCUMENTS with suficiem patculaity tat hey may
be made the subject of a request for production of documents.

i. For every hospital in which YOU have ever been treated, tested, or examined whether as an
“‘ia-petient” or as on “out-patient” during the last 10 years for any condition and beyond 10 years for
cancer and/or eoriditions related fo the lungs, respiratory system, and/or ribs and any additional
complaints or conditions stated in response to Interrogatory No. 16, please state for each hospital
Name of hospital;

Address of hospital;

Test, treatment, examination or hospitalization received;

Date of test, treatment, examination or hospitalization received; and

E. Reason for hospital visit; : ,

PoP Pp

Exhibit B to General Order29-* . -6-6 & sm WN BR WD ome

BE Either (1) attach all DOCUMENTS evidencing the information sought in this
intecrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks

contig ch amr (3) este sch DOCUMENTS with icc parol they ay

be made the subject of a request for production of documents.
12. Have YOU had taken an X-ray, CT sean or high-resolution CT scan of YOUR “trunk”? If
“Yes”, please state for each:

A. Name and address where taken;

B. Date(s) and number taken of each;

C. __ Part(s) of body x-rayed or scanned; *

Dd. . Reus conclusion and/or agnosis tom each, except those prepared by
consultants;

E. _ Either (1) attach all DOCUMENTS evidencing the information sought'in this
intecrogatory and its subparts to YOUR answers fo these interrogatories or (2) atach disks
containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may
be made the subject of a request for production of documents. .

Lb. Have YOU ever mdergone a pulmonary finctin tat? “yes please sae:

A. Name and address where test was performed;

B. Date of test;

_C. Name of doctor administering and/or interpreting test,

D. —_ Reason for test;

B Results, conclusions and/or diagnosis from each test, except those prepared by

K. Were YOU informed of the results of the test?

G. Who informed YOU of the results of the test?

H. Either (1) attach alt DOCUMENTS evidencing the information soughitin this
interrogatory and its subparts to your answers to these inferrogstoties, or (2) attach disks containing
eich detox) deaio noch DOCUMENTS th eliotn tat they 2) bo mca
the subject of request for production of documents.

Exhibit B to Generel Onder 29” -7-14. _Desezibe tho name and quantity of each type of drug, tranquilizer, sedative or other
medication taken or used by YOU during the last 10 years; specifying the frequency and purpose of
15. _De YOU ot YOUR attomey have any medical reports except those prepared by consultants
from any persons, hospitals, doctors or medical practitioners or institutions that have ever treated or
examined YOU at any time? if “yes”, cither (1) attach sll DOCUMENTS evidencing the
information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or’ ;
(attach disks contining such data or 3) describe such DOCUMENTS with ufichntpatcabasty
that they may be made the subject of a request for production of documents,,
16, Identify each and every complaint, symptom, adverse reaction or other injury which YOU
allege is del or ndzetly relat to YOUR alleged exposure to RAW ASBESTOS or :
ASPESTOS-CONTAINING MATERIAL nd ech compa mpm, avers econo
other injury, please state: -

4. ‘The date on which YOU first became nwie 6f signs of the complaint, symptom,
adverse reaction or injury; /

B The date cach such complaint, symptom, adverse reaction or injury ceased to affect
You; o

a fay ins YOUR pens ly ah opi
adverse reaction or injury; / /

D. Each part of YOUR body which YOU contend has been affected; -

E. The date upon which the complaint, symptom, adverse reaction or injury was reported
to a doctor or physician; ”

F. State the name, address and telephone number of each such physician ¢3 whom said
complaint, symptom, adverse reaction of injury was reported;

G. Whether YOU have lost any time from work as a result of YOUR asbestos-related
injury oc medical conttion;

HL 1 chore at tine om wrk, Hes sate te ann wich YOU
first lost work and the amount of time lost from work; and

hibit B to Gensel Onder 29 - -8-1 Either (1) attach all DOCUMENTS evidencing the information sought in this
interogetory and its subparts to your answers to these interrogatories or (2) attach disks containing
such dat, or (3) deserbe such DOCUMENTS with suficient particularity thatthe may be made
the subject of a request for production of documents, .

17. Have YOU ben advisd that YOU are sulfrng from an asbestos ested disease? if*yes”,
state: :
| As ‘The nature of the asbestos-related diseaso(s):

B. . The date and time YOU were first advised:

c Tews ti ernie of ein mr rp
so informed YOU; |

dD Thome ates nd hon nr oft pin md bean

KE ‘The method and information upon which such determination was based;

F. The name, address, and telephone numberof any hospital, medical institution,
laboratory, physician, nurse, laborsory technician, eo, involved in any pat of such determination;
G. ‘The name, address, and telephone number of every petson, including YOUR
relatives, employer or anyone acting in YOUR behalf who was so advised. Please inchide the date

‘when such persons wees £0 advised; . :

IDENTIFY YOUR employe) atthe time YOU were so advises

1 The specific course(s) of treatment or therapy, inchiding any medicine presoribed as a
result of such determination and the name, address and telephone number of each prescribing

physician:

J. State whether YOU have followed the medication or therapy regime prescribed by *
each of the said physicians for the treatment of said complaint, symptom, adverse réaction or injury;

K. State the names sind addresses of any other physicians or practitioners subsequently
affirming or making the same determination; and

L Either (1 tach all DOCUMENTS evidencing the ffoeation sought i this |
interiogatory and its subparts to your answers to these interrogatories, or (2) attach disks containing
such data, or 3) describe such DOCUMENTS with sufficient particularity that they may be made
‘Exhibit B to General Order 29 «DeOo 8 YB A MW om ON ome

the subject of a request for production of documents.
18, Have any of the said treating physicians informed YOU at any time that YOUR complaints,

-symaptoms, adverse reactions or injuries may have been caused by factor(s) or reeson() other than

exposure to RAW ASBESTOS or ASBESTOS-CONTAINING MATERIAL(S)? if “yes”, please
state: , :
A. ‘The other factor(s) or reason(s) involved:
BR The names, addresses and telephone numbers of the physicians believing or
suspecting such other factor(s) or reason(s) to be involved: :
ca Th a) nt iyi YOU hat hy lie or pce nt ate
factor(s) or reason(s) might be involved;

D. The reason that sid fect) or reasons) wer exuded as posible sous or case
of the symptoms; and

E. Bither (1) attach all DOCUMENTS evidencing the information sought jn this
interrogstory and its subparts to your answers to these nterogatoris, o (2) attach disks containing
sch a) eosin mh DOCUMENTS with soit ply ht hy yb made
the subject of a request for production of documents.

pest 10_years and ist the inclusive dates foreach such complaint. —_
20. Have YOU ever bad any bogs o seu sample ten ring te pst 10 yeas? If YOUR
answer is “Yes, sate foreach such procedure

A. ‘The name of the doctor performing such procedure;

B, The address where such procedure was performed;

C. The date when such procedure was performed;

D. The résults, conclusions andlor diagnosis from such procedure; and

E. Bither (1) attach all DOCUMENTS evidencing th information. sought inthis
interrogatory and its subparts to your answers to these interrogatories, or (2) attach disks containing
suc ator (3) describe such DOCUMENTS with suficint particularity that they may be made
the subject of request fr production of document

Bxihibit B 20 General Order 29 -10-co e MV HK mh Ow Noe

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21. Do YOU kmow of any pathology slides that were made from any of YOUR tissue simples
during the past 10 years? Lf YOUR answer is “yes”, for each sot of slides made please state:
“A. ~The name of the hospital
B.  Thoname of the doctor;
C. The current location;
D. The date said slides were made; and
E.. The accession number(s).

22. Have YOU ever suffered any personal injuries other than those involved in this lawsuit? If

“yes”, state for each such injury: /

A. The date, place, names of persons involved, and circumstances surrounding such
B. Thema snd exe oft irs inlding any fet odie remaing
at the time of the las! treatment or examination;

C. The names, addresses and date(s) of last treatment or examination by all persons who
treated or examined YOU in connection with uch injury;

_D The mate and ors of ny dsb benef, pensions o te payment for ch
injuries; and

E. Bither (1) attach all DOCUMENTS evidencing the information sought in this
Interogatory and its subparts o your answers to theo neogatores, oF (2) attach dhs containing
such dt, (3 desert sch DOCUMENTS with sfcet prticlry tatty may be made
the subject of a request for production of documents.

23. Have YOU ever stacked tobacco products of any type? If “yes”, state:

A The dates and time periods during which YOU have smoked;

B. The type of tobacco products YOU smoke or have smoked, Please state whether
YOU inhaled the smoke or not;

. The daily frequency with which YOU smoke or have smoked;

D. 1EYOU have ever smoked cigarettes, please stats the average number of packs per
day YOU smoked;

Exhibit B to General Order 29 iheBS sk SF 8B

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BR _ Has ay pigs evr avocd YOU sop ocr making bess prodoe I
“yes”, state: =

1. Thename of each sich physician; and
2. The date(s) on which YOU were so advised. °

24. Has any person with whom YOU have shared a household for more than one'year been a
regular user of cigarettes during the time you shared a household with the person? Tf“yes", state
fully and in detail for each such person:

A ‘The name and relationship to YOU of the smoker;

B. The dates during which YOU shared a household with the person;

C. The brand name(s) af cigarettes the person used during the time YOU shared a
household with the person and his/her frequency of use; and

D. The egueny with which th penn smoked eget in YOUR preemce ring ha
time YOU shared a houschold with the person.
25, Desoribe the extent to which YOU drank alcoholic beverages during YOUR lifetime,
specifying the particular Kind of alcoholic beverages and the quantity consumed per week over the
period of time such beverages were consumed. : i
%6. Perera ype of nploymet ha ou have ever wer nploytor employed
by others, please complete the following: (If more spacs is needed, please attach ation soc
‘containing the requested information.)

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Employer's Name and Address Job Title (@onth, Day, Year)

Exhibit B to General Order 29 -12-~~

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BR REBRLB

Do you claim exposure to asbestos at this employment? Yes__ No :
27. Are YOU or have YOU been a member of any labor union, including but not linhted to the
Heat, Frost, Insulation and Asbestos Workers Union? If YOUR answer is “yes”, state fbr éach such

A The name of each such intemational union and its number, along with the local

| number of each such union; and

B. The date and time periods during which YOU maintained membership in such union.
28. ‘When did YOU first lear that exposure to asbestos was a potential health hazard?
29. Describe how YOU first became aware that exposure to asbestos was a potential health
hacact .
30. When did YOU first observe anyone use any type of SAFETY PRECAUTION while
working around RAW ASBESTOS or ASBESTOS-CONTAINING MATERIAL(S)?
31. When, where and at whose direction did YOU first use any type of SAFETY PRECAUTION
while working around RAW ASBESTOS or ASBESTOS-CONTAINING MATERIAL(S)?
32. State whether any of YOUR employers have either required or made available pliysical
examinations for their employees. If such physical examinations have either been requited or mado
available to YOU, state for each of YOUR employers:

A. IDENTIFY YOUR employer,

B. The nature dnd extent of examinations;

C. The frequency of examinations;

Exhibit B to General Onder 29 -15-_

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D. Whether they were required or optional;

E. Whether x-ray examination was inchuded;

F. The frequency, including specific dates and times, with which YOU submitted to
such examinations; .

. G Whether YOU received the results of any such examinations; the dates that they were

given to YOU and the nature of the results;
‘Deamne as nl oat coining nfm
technician; . |

% YOUR detiled reasons for fling to submit to such examination whe required or
made available, if YOU did so fail to submit; and i

a. Bt) atch al DOCUMENTS eset fomaon ghia this

-intesrogatory and its subparts to your answers to these inteerogatories, of (2) attach disks containing

sete (3) dvb mck DOCUMENTS with set party te ye bo md
the subject of a request for production of documents.
33, IF YOU arent cone emplye, ple st thes dt nk nd he eso a
‘YOU are not cutreatly employed.
34. Are YOU receiving any form of disability pension? If so, state:

A. Fromwhom: .

B, The amounts received each month; and

C. The anticipated duration of the disability.
35, Have YOU ever bee dihrged frm o evr vluntarly Ie «positon det eal
problems? If yes”, state in detail the time, name of employer, place and circumstances. Either (1)
attach all DOCUMENTS evidencing the information sought in this interrogatory and its subparts to
your mswers to these interrogatories, or (2) attach disks containing such data, cr (3) describe such
DOCUMENTS wit ufison pedolrky ft hey may bead fo sbjct of royct fo
production of documents.
36. Were YOU ever exposed to RAW ASBESTOS or ASBESTOS-CONTAINING
MATERIALS(S) outside of YOUR work environment? Ef"yes", please state for enchisuch

Exhibit B to General Order 29 -16-eo oS A Ww Rw Nom

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OCCASION:

A Circumstances surrounding the exposure;

B. Date(s) and LOCATION;

C. Duration and manner of the exposure; and

D. DESCRIBE the RAW ASBESTOS or ASBESTOS-CONTAINING MATERIAL(S).
37. State whether you assert a claim for loss of income and, if so, state fully and in detail the year
and YOUR snnual camings for each of the inst ten years in which YOU were employed.
38. Have YOU incurred any hospital expenses to date as a result ofthe injuries, complaints, et:
which YOU attribute to YOUR alleged exposure to asbestos? TE“yes", state the total hbspital
expenses incurred and itemize each charge if more than one hospital is involved. |
39, Have YOU incured any medical expense (other than hospitalization) or have aly medical
expenses been cured on YOUR belo date a a esl ofthe injures, complaints, which
‘YOU attribute to YOUR alleged exposure to asbestos? if “yes”, site the total medical expenses
incurred, itemizing each such charge.
40, Has any insurance company, enon or ty other person fm or orpontn ped foo
réimbursed YOU for, or become obligato pay for, any medical or hospital expenses incured by
the alleged exposure to asbestos? If “yes”, ste the name and adress of the insurance company,
son pru fimo corporation whoo which a pid ris cig for the pment of
reimbursement for said expenses.
41. . Have YOU ever at any time made a clan for or received for an ashestos-elated condition
any health o accident insurance benefits, Workers Compensation payments dissbiity benefits,
Pension, accident compensation payment or veterans disability compensation? If “yes”, state:

A. The illness, injury or injuries for which YOU made the claim;

B ‘The date when such injury or injuries were sustained, the place of occurrence and the
nature of the accident or incident causing such injury; :

C. The names and addresses of YOUR employer(s) at the time of each injury or illness;

D. ‘The names and addresses of the examining doctors for each injury or illness;

E. ‘The name of the board, tribunal or superior officer which or to whom theiciaim or
‘Exhibit B to General Order 29 - “1T-

1
iOo @8 NA tH mw Nome

BSR BRE R EBs

claims were made or filed;
|B Thedate the claim was made or filed :

G. The claim, file ot other number by which YOUR claim was identified

Die Pesent sats of sch csi ending selement, dismiss, co

L The amounts of the benefits or awards or payments;

i The dates covering the times during which YQU received the benefits or awards or
payments; ,

K The det of be senior inmanc companies om whom YOU sevd the
awards, benefits or payments; and

L Either (1) attach all DOCUMENTS evidencing the information sougit in this
interrogatory and its subparts to your answers to these interrogatories or (2) attach disks containing
rch itr) este uch DOCUMENTS wit efit arity at Gry may bade
the subject ofa request for production of documents.
42. Have YOU lostor ds YOU claim any wage or eming los oa «result of YOUR alleged
exposure to asbestos? If so, state:

A Hom time wast om wos or employment tng te dae aoled ad
name and address of the employer;

3B The poss anon lay cing ich YOU roe hy dn
intervels of such paydays (e-g., weekly, bi-monthly, monthly); - :

C. - State the gross amount of salary or earnings actually lost due tothe exposure;

-D. ‘TE self-employed, state the totnl time lost fom business, listing the dates involved and
the gross financial loss to YOU, stating the nature of such loss and how incurred; and

E. Of the sum stated in YOUR response to subpart D of this interrogatory, state YOUR
net loss. , ,
43, Have YOU incurred any expense or financial ose including property damage, other thin ss
listed ebove which YOU attribute in any degree to YOUR exposure to asbestos products? If's6, state
such financial losses, expenses arid property damage, giving the dates incurred and thé amounts
involved and the nature of each such expense or loss.

Exhibit B to General Onder 29 -18-1 44, Has any insurance company, union or other person, firm or corporation paid for or
reimbursed YOU for or become obligated to pay for or reimburse YOU or anyone on YOUR behalf
for any sums of money (excluding medical or hospital expenses) to provide any of the following:
Senior oben fxn property ema ein fm te leg epost
asbestos? If “yes”, state: ,

A ‘The nature of the obligation giving risa to the payment or reimbursemerit; and

B. The name and addres ofthe insurance company, union or other person, |firm or
corporation who or which has pid fr or soba fo payment of or eimburementfor sch
sums of money. : i
4, Have you ever given a deposition or other testimony under oath? sl cach
deposition or testimony: . |

A. > The date(s) it was given; |

_B Te name ofthe court or other body before which it ws given: the deat ofthe
proceeding including name, docket or other number and venve or nation

c The name, addrese and telephone aumber of the court reporter or other trhnscriber. If
the proceeding was not transcribed, plese 20 state;

D Whether your or your atiomey havea copy ofthe trmcript; aad

E Bither (1) attach all DOCUMENTS evideavng the infomation sought in this
Intecrogstory aid its subparts to your answers to thse interrogatories, or (2) attach disks containing

o © NW Ah BR ow

BoE GS Ss

20 sch dt of) esrb sch DOCUMENTS with uci peroty at yy bead
21 the subject ofa request for production of documeats.

| 46. Have YOU eve ha an application fori, heath, cede, medical or hospital insurance
23 || rejected for health reasons? Te “yes”, state: |
” A The date of the application(s) .
25 B. The date of rejection(s);
26} C._—_Thetypecof insurance for which YOU applied:
27 D. Te ety ofthe nrc company wi which ech apisaton ws le
28 E. The reson fr the rejections); and

Exhibit B to General Order 29 -19-eo 2 NM DH HW &® WwW NH

K. Either (1) attach all DOCUMENTS evidencing the information sought in this -
interrogatory and its subparts to your answers to these interrogatories, or 2) attach disks containing
seb is FO) desert such DOCUMENTS with stint pray St they nny be made
the subject of a request for production of documents, .

47. Fave YOU ever been a party to ansction fr damages for say personal injury YOU have
suffered? If“yes”, state:

A. The identity of all parties to the action(s) and their attomeys;

B. “The cout and place where each such action wes fled andthe dates) of ling;
c The natare and extent of the injuries claimed and whether any permandnt disability

D. The present status of each action and, if concluded, the final result ther¢of including
the amount of any settlement or judgment. ,

48, Have YOU ever made any claim for personal injury, other than this lawsuit, for injuries
Which YOU claim are elated to YOUR alleged exposure to asbestos? If “yes”, pleaseistate:

A: ‘The nature of such injury or injuries;

BR The date when such injury or njuies were sustained in each instance, the place of
occurrence and the nature of the incident or accideat causing this injury;

c The names and addresses ofall persons and companies to whom said claims were
mmade; .

D. The caption and case number;

E. "The court filing inckuding stato and county;

F. The name and address of YOUR counsel of record;

G. The present status of such claims (pending settlement, dismissal, etc.).

49. Have YOU received any payments or reimbursements or have any payments been made on
YOUR behslf from any source as a result of YOUR alleged exposure to asbestos, incluiling without
limitation sefilements with defendants in this action, potential defendants, a bankrupt company, or
any RESPONSIBLE PARTIES? If so, for each payment, please state: :

A ‘The name of each person or compeny making said payment(s;

Exhibit B 40 General Order 29 _ -20- .BRR RE RS

B. Total amount of payments from al sources; and

6 Either (1) attach oll DOCUMENTS evidencing the information sought in this
interrogatory and its subparts to your answers to these interrogatories, or (2) attach disks containing
sock dae or) describe such DOCUMENTS wit sufficient paciculaty that they may be made
the subject of tequest for production of documents,
50, Do YOU have in YOUR possession or under YOUR control a Social Security office listing
of past employers and dates of employment? If“yes”, please either attach a copy or give the
omploye’s ne, adres, dat and quel Socal Sooty Credit for each employ ited Either
CH atach ll DOCUMENTS evidensing the information sought inthis ineogitry and its abpars
tyr anawe fess introgtre, o@)atach ssconeing ch, oC) derive mc
DOCUMENTS with sufficient particularity that they may be mado the subject of request for
Production of documents |

Exhibit B to General Order 29 -21-BRAYTON@PURCELL LLP

ATTORNEYS AT LAW.

222 RUSH LANDING ROAD

POBOX 6165
NOVATO, CALIFORNIA 94948-6169

(B19) 898-4555.

Oo wm YW AH ek YN om

Bas

13

ALAN R. BRAYTON, ESQ., 8.B. #73685 S
BRAYTON®*PURCELL LLP

Attomeys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, Califomia 94948-6169

(415) 898-1555

Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA

GE

: Sen
ERIC C. SOLOMON, ESQ., S.B. #119131 . Jun 12/2009

2:42PM

COUNTY OF SAN FRANCISCO
JOYCE JUELCH and ) ASBESTOS
NORMAN JUELCH, } No, 275212
Plaintiffs, } ANSWERS TO INTERROGATORIES
vs, .
ASBESTOS DEFENDANTS (BP) ,

PROPOUNDING PARTY: STANDARD ASBESTOS CASE INTERROGATORIES
RESPONDING PARTY: Plaintiff JOYCE JUELCH

SET NO: ONE
ANSWERS
1, a JOYCE JUANELL JUELCH.
b September 18, 1946.
& 62 years old,
d French Camp, California.

9

19581 Feather Falls Place, Cottonwood, California 96622.
Height: 5'7 1/2"; Weight: 169 Ibs, :
569-68-7847,

Foe om

None.

KAlnjured LOB68B\ei-sacst Tapa. 1

Peg
%

25839884we

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a

None.

Nong.

RO494625; California.

Joyce Johnson; Joyce Chambers,
Plaintiff completed the 12th grade.
Norman E, Juelch, Sr,

June 13, 1945,

February 14, 1981.

_ 19881 Feather Falls Place, Cottonwood, Califomia 96022.

Retired.
Bruce Johnson; John Chambers.
1963; 1967.

Plaintiff's marriage to Bruce Johnson was dissolved in 1967 due to

i

infidelity. Plaintiffs marriage to John Chambers was dissolved in 1978 due to infidelity.

2.

9

o 8

p

KAngured\08588lai-sacsf Lwpd

Terresa Reyes,

November 14, 1963.

Natural.

5035 Zuning Avenue, Corning, California 96021.
Housewife.

Living.

Nina L. Reberson,

December 7, 1964.

Natural.

4809 Monttaro Court, # D, Bakersfield, California 93307.
Retired.

Living.~~ ON AH RB WON om

mint ent tee
ee

“16

ee ND

Jessica Hayes.

August 17, 2000.

& Granddaughter. Plaintiff has legal custody of this child.

da 19581 Feather Falls Place, Cottonwood, California 96022.

eS

& Child is a minor.
f. Living.

No.

None.

Plaintiff is currently able to recall the following addresses:

12/1981 to 1983: Evergreen, Stockton, California 95205.

1983 to 1984: Post Office Box 515, Sutter Creek, California, _

1985 to 1988: McAtce Road, Valley Springs, California.

1988 to 1990: 23522 Shake Ridge Road, unknown city, California.

1990: 5758 Cora Post Road, Lodi, California.

1990: 1955 Emmon Canyon Road, Kila, Montana.

1991 to 1994: 2237 Highway 28, Hot Springs, Montana.

1994 to 2004: Newlin Road, Marion, Montana 59925.

2004: Silver Buite Road, Libby, Montana 59925.

2005: 349 Trainer Street, Libby, Montana. -

2006: 2090 Loleta Avenue, Corning, California.

2006 to present: 19581 Feather Falls Place, Cottonwood, California 96022,
Plaintiff completed the 12th grade.

May 27, 2009.

No.

No.

Excluding plaintiff's expert consultants, plaintiff recalls the following physicians:
a Dr. Gills.

b. Redding, California.

K slojared\ 08684: sacsf ILwpd 3c Plaintiff currently does net recall, Plaintiff's investigation and discovery
are continuing.

a. January 2009.

e Heart attack.

f Plaintiff has provided authorizations for the release of medical records to

Berry & Berry. Defendants may obtain copies of records through Berry & Berry.

a. Dr. Luperpio.

b. Redding, California.

c. Plaintiff currently does not recall, Plaintiff's investigation and discovery
are continuing.

d, January 2009.

e Heart attack,

f. Plaintiff has provided authorizations for the release of medical records to

Berry & Berry, Defendants may obtain copies of records through Berry & Berry.

a Dr. Hahns.
b. MD Imaging, Redding, California.
Arterial dopler performed on lower extremities.
d. February 5, 2009.
e. Plaintiff currently does not recall, Plaintiff's investigation and discovery
are continuing.
f. Plaintiff has provided authorizations for the release of medical records to

Berry & Berry, Defendants may obtain copies of records through Berry & Berry.
a. Plaintiff currently does not recall.
b. + Open System Imaging, Redding, California.

o Dopler performed.

KMnjured\ 08688tai-sacef Lwpd 41 a. February 19, 2009.

2 é Plaintiff currently does not recall. Plaintiff's investigation and discovery
30 are continuing.

4 £ Plaintiff has provided authorizations for the release of medical records to
5}, Berry & Berry. Defendants may obtain copies of records through Berry & Berry.

6 i

7 a. Dr. Balazer.

8 b. Cottonwood Clinic, Cottonwood, California.

9 ©. Arterial dopler performed on lower extremities.
16 da. March 3, 2009.
il e Plaintiff currently does not recail. Plaintiff's investigation and discovery

12} are continuing. :
3 f. Plaintiff has provided authorizations for the release of medical records to

14] Berry & Berry. Defendants may obtain copies of records through Berry & Berry.

16 a Plaintiff currently dees not recall. Plaintiff's investigation and discovery

17} are continuing.

18 bd. MD Imaging, Redding, California.

19 G CT of abdoman and pelvis.

20 dad March 11, 2009.

21 @. Plaintiff currently does not recall, Plaintiff's investigation and discovery

22 || are continuing, .
23 : f. - Plaintiff has provided authorizations for the release of medical records to
24 || Berry & Berry. Defendants may obtain copies of records through Berry & Barry. .

26 a. Plaintiff currently does not recall. Plaintiff's investigation and discovery
27] are continuing,

28 b. MD Imaging, Redding, California.

KMnjured\(O868Raisnesh wpe 3c.
d.
e.

are continuing,
f.

CT of chest without contrast.
March 12, 2009.

Plaintiff currently does not recall. Plaintiff's investigation and discovery

Plaintiff has provided authorizations for the release of medical records to

Berry & Berry, Defendants may obtain copies of records through Berry & Berty.

had cancer,
f

Dr. Dhanuha.
Redding, California.
Office visit.

March 17, 2009. |
Plaintiff was given the results of her tests. Plaintiff was advised that she
1

i
Plaintiff has provided authorizations for the release of medical records to

Berry & Berry, Defendants may obtain copies of records through Berry & Berry.

are continuing,

f.

Dr, Luperpio.
Redding, California.
Pulmonology.
March 18, 2009.

Plaintiff currently does not recall, Plaintiffs investigation and discovery

Plaintiff has provided authorizations for the release of medical records to

Berry & Berry. Defendants may obtain copies of records through Berry & Berry.

ce.

KAinjured\108688\ui-sncst |.wpd

Dr. Karem.
Redding, California.

Plaintiff currently does not recall. Plaintiff's investigation and discoveryare continuing.
f. Plaintiff has provided authorizations for the release of medical records to

Berry & Berry. Defendants may obtain copies of records through Berry & Berry.

a Dr. Dhanuha.
db. Redding, Califomia.

e Plaintiff receives chemotherapy.

d Presenily,

e Cancer.

f. Plaintiff has provided authorizations for the release of medical records to

Berry & Berry. Defendants may obtain copies of records through Berry & Berry.
11. Excluding those used by plaintiff's expert consultants, plaintiff currently recalls
the following hospitals: .
a. Mercy Hospital.

b Redding, California.

e. Plaintiff was hospitalized due to heart problems. An angiogram was done,
and 2 stints were put in.

d December 31, 2008.

a. Stroke.

£ Plaintiff has provided authorizations for the release of medical records to

‘Berry & Berry. Defendants may obtain copies of records through Berry & Berry.

12, Excluding any taken by plaintiff's expert consultants, plaintiff recalls the
following x-rays and CT scans: Please see response to Interrogatory Numbers {0 and 11, above.
This information is as complete as plaintiff can recall at this time and includes all treatment by
plaintiff's healihcare providers. Plaintiff's investigation and discovery are coritinuing.

13. Excluding ainy taken by plaintiff's expert consultants, plaintiff recalls the
following pulmonary function tests: Please see response to Interrogatory Numbers 10 and 11,

| :

:
_KAlnjured JOR6BS\ai-snes? L.wpd 7 :above. ‘This information is as complete as plaintiff can recall at this time and includes all
treatment by plaintiff's healthcare providers. Plaintiff's investigation and discovery are
continuing. ,
14. Please see response to Interrogatory No.'s 10 and 11, above. Plaintiff defers to his|
medical records as the best source of information for medications prescribed.
15. Not al this time. Plaintiff's medical records are equally available to defendants
through Berry & Berry, designated defense counsel.
16. Plaintiff has the following complaints from asbestos exposure: breathing
difficulties, fatigue, loss of stamina.
a Plaintiff currently does not recall. Plaintiff's investigation and discovery
are continuing,
b, No cessation.
c. None that plaintiff is aware of.
d. Plaintiff contends that his lungs have primarily been affected. However,
as lung function affects the rest of the body, plaintiff contends that ail parts of her body have
been affected.

e Please refer to Interrogatory No. 10 and 11, above.

f. Please refer to Interrogatory No. 10 and 11, above.
g Plaintiff does not at this time contend that she has lost time from work as
result of her asbestos-related conditions. Plaintiff's investigation and discovery are continuing.
h. Not applicable.
i. Plaintiff does not at this time have any documents responsive to this
Interrogatory. Plaintiff's investigation and discovery are continuing.
17. Excluding information protected by either the attorney work-product doctrine or
the attorney-client privilege, no.
18. No.
19. Plaintiff suffers from shortness of breath.
29. No.

KAlgjured LO8688\ai-saesf J.wpd 8Oo we YU aA HW & YN

21. Plaintiff's investigation and discovery are continuing.

22. No.
23. Yes,
a. Plaintiff recalls smoking from approximately 1965 to present.
dB Plaintiff recalls smoking cigarettes.
a Plaintiff recalls smoking 10 to 20 cigarettes per day.
d Plaintiff recalls smoking 1/2 to 1 pack of cigarettes per day.
e. Plaintiff recalls smoking Marlboro brand cigarettes.
£. Yes. :
1 Dr. Dixon.
2. Approximately 1995,
24. Yes.

a. Plaintiff's husband, Norman Juetch.
be 1981] to present.
7 e Camel and Marlboro brand cigarettes.
d. Approximately | pack per day.
25. No.

26. — Plaintiff is currently able to identify the following employment information:

Location of Exposure
Employer Exposure Job Title ‘Dates .
Foster Freeze Foster Freeze Cook 1963
Stockton, CA Stockton, CA

Job Duties: Plaintiff worked at a hamburger restaurant. Plaintiff is currently unaware if she was
exposed to asbestos during this employment.

Location of Exposure
Employer Exposure Job Title ‘Dates
Dameron Hospital Dameron Hospital Nurse 1964-1974
Stockton, CA Stockton, car .

Job Duties: Plaintiff performed general nursing duties throughout the intensive care unit, the
emergency units and medical surgery departments. Plaintiff recalls during the early 1970s the
hospital underwent a remodel, Plaintiff recalls walking through a construction site everyday,

Kainjured\OR68tsi-sacst twpd 9| quickly, Plainti

Plaintiff walked directly adjacent to drywallers hanging KAISER GYPSUM COMPANY, INC.

¢ fl and applying and sanding KAISER GYPSUM COMPANY, INC. asbestos-containing _
joint compounds, Plaintiff recalls allers hung up plastic sheets to contain debris, but plaintifi
recalls dust frequently came through the sheets. Plamtiff recalls walking adjacent to sheetmetal
workers installing duct work in the ceiling, disturbing asbestos-containing acoustical materials
that had been recently applied by drywallers. Plaintiff currently contends she was exposed to

asbestos during this employment.

Location of : Exposure
Employer Exposure Job Title Dates
Naval Supply Depot Naval Supply Depot Janitor 1966,
Stockton, CA Stockton, CA me

Job Duties: Plaintiff cleaned offices and bathrooms throughout the facility. Plaintiff recalls the
offices had asbestos-containing ceiling tiles that were falling apart, and frequently fell onto the
floor. Plaintiff recalls sweeping and cleaning up asbestos acoustical ceiling tiles after they were
on the floor, Plaintiff currently contends she was exposed to asbestos during this employment.

Location of Exposure
Employer Exposure Job Title Dates
San Joaquin General Hospital San Joaquin General Nurse 1975-1976
French Camp, CA Hospital

French Camp, CA

4" Bloor

Job Duties: Plaintiff worked as a nurse throughout the emergency room and intensive care units
on the ground fourth floor of this hospital. Plaintiff recalls that the hospital underwent a remodel,
Plaintiff recalls contractors removed and replaced asbestos-containing ceiling tiles. Plaintiff was
in proximity to workers disturbing fireproofing during the construction. Plaintiff recalls there
was debris throughout the site from the removal of the ceiling tile which was nat cleaned up very
currently contends she was exposed to asbestos during this employment.

Location of : Exposure
Employer Exposure Job Title Dates
Unknown Family Doctor Unknown Doctor’s office Nurse 1976-1980
Stockton, CA Stockton, CA -

Job Duties: Plaintiff worked for a family doctor assisting him with patients. Plaintiff is current]
unaware if she was exposed to asbestos. during this employment.

Location of Exposure”
Employer Exposure Job Tide Dates
Plant Insulation Company Tosco Oil, Insulator "1982-1984

Avon, CA (Apprentice) {2 months)

Job Dutics: Plaintiff assisted insulators insulating tanks and removing existing asbestos-
containing pipe insulation when performing repairs. Plaintiff used, and was in proximity to other

KAlnjured\108688\ai-suest Vp 10Cc oem MN AH BR WN

Yack mht kt
oe NY KR WH FF YW NY = @

19

workers using, BENJAMIN FOSTER DIVISION OF AMCHEM PRODUCTS, INC. (H.B.
FULLER COMPANY) fibrous adhesive. Plaintiff was issued and used a 3M COMPANY
single-strap mask, Plaintiff cut and provided pipe insulation to insulators as well as insulation
cements. Plaintiff swept and cleaned up asbestos-containing insulation that was removed by
insulators in her crew. Plaintiff worked adjacent to TOSCO OIL,