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GEORGE D, YARON, ESQ. (State Bar #96246)
KEITH E. PATTERSON, ESQ. (State Bar #225753)
MICHAEL J. PENG, ESQ. ee Bar #260852)
YARON & ASSOCIATES
601 California Street, 21° Floor
San Francisco, California 94108
Telephone: (415) 658-2929
Facsimile: (415) 658-2930
Attorneys for Defendant
84 LUMBER COMPANY
ELECTRONICALLY
FILED
Superior Court of Califofnia,
County of San Francispo
FEB 26 201
Clerk of the Cou
BY: CHRISTLE ARRIO!
Deputy}Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOYCE JUELCH and NORMAN JUELCH, SR.)
Plaintiffs,
vy.
ASBESTOS DEFENDANTS (B#P)_ As)
Reflected on Exhibits B, B-1, C; and DOES 1-)
8500; and SEE ATTACHED LIST,
Ne et Ne
Defendants,
Ne ee ee ee
CASE NO. CGC-09-275212
EXHIBIT K CONTINUED TO
DECLARATION OF MICHAEL J.
PENG IN SUPPORT OF 84 LUMBER
COMPANY’S MOTION FOR
SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION OF ISSUES
Hearing Date: March 18, 2010
Hearing Time: 9:30 am,
Depart. No.: 220
Hearing Judge: Hon. Harold E.
Kahn
Date Action Filed: | May 20, 2009
Date Set For Trial: April 5, 20102. The inclusive dates of each such sale, shipment, disiribution, use or
installation and the amount (volume) and the trade or brand name of each such ASBESTOS-
CONTAINING PRODUCT sold;
3. Whether you have any records indicating any such sale, shipment,
distribution, use or installation and, if so, the name, address and job classification of each person
who currently has possession of such records.
i. Rither (1) attach ali DOCUMENTS evidencing the information sought in this
Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disies 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.
ANSWER;
Kaiser Gypsum’s products that contained chrysotile asbestos as an ingredient during
specified time periods indicated below.
A. Wallboard Accessory Producis
‘These Kaiser Gypsum wallboard accessory products were:
1. Joint Cement/Joint Compound
2. Finishing (Topping) Compound
, 3. 3-Purpose Wallboard Compound
4, One-Day Joint Compound
5. Pre-mix Joint Compound
6 Pre-mix Finishing Compound
7. Pre-mix Dual Purpose Joint Compound
43
KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL. RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 18. Pre«mix Topping Compound
9. Lamineting Compound
10. Spackling Compound
Kaiser Gypsum’s separate responses to interrogatory subparts (a)-(f) for each of these
products are as follows:
1, Joint Cement/Joi ound
a The trade name of this product originally was Kaiser Joint Cement. In about
1957 it was changed to Kaiser Joint Compound.
b. Kaiser Gypsum marketed Kaiser Joint Cement in 1952, but did not itself
manufacture the product. Kaiser Gypsum does not know if the joint cement it marketed, but did not
manufacture, contained chrysotile asbestos. Kaiser Gypsum began to manufacture joint cement in
the mid-1950s. Chrysotile asbestos was used as an ingredient in the joint cement/oint compound
manufactured by Kaiser Gypsum.
& Kaiser Gypsum last manufactured Kaiser Joint Compound with chrysotile
asbestos as an ingredient in 1975.
d. The product consisted primarily of limestone and mica, Other component
ingredients included casein, polyvinyl, clay, and talc. The praduct included between 6.5% and 16%
by weight chrysotile asbestos as an ingtedient depending an the formula in effect at a given date.
&. ‘This product was a white to off-white powder. It was packaged and sold in 10
or 25 Ib, sacks, and in boxes of 5 or 18 Ibs. Each container was labeled with the name Kaiser
Gypsum Company, Inc., the product name, and directions for use.
44
KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALJ. DEFENDANTS
1830978 |£ _. This product was a dry powder which, when mixed with water, formed a thick
paste. Upon application it dried to a hard, durable surface, It was used to fill gypsum wallboard
joints, embed joint reinforcing tape, finish joints, and to cover and finish nail heads and metal
comerbead.
2. inishi ing) Commound/Finishiy t
a. The trade namie of this product originally was Kaiser Gypsum Finishing
Cement. The name was changed to Finishing (Topping) Compound in 1957.
b. Kaiser Gypsum began manufacturing Finishing Cement in 1956, and
chrysotile asbestos was used as an ingredient.
G Kaiser Gypsum last manufactured Finishing (Topping) Compound with
chrysotile asbestos as an ingredient in 1975.
d. This product consisted primarily of limestone, soapstone and mica. Other
component ingredients included clay, casein, and talc. The product included between 3.7% and 16%
by weight chrysotile asbestos as an ingredient, depending on the formula in effect at a given time.
e This product was a white to off-white powder, It was packaged and sold in 23
Ib. sacks. Each container was labeled with the name Kaiser Gypsum Company, inc., the product
name, and instructions for use.
£ This product was a dry powder which, when mixed with water, formed a thick
paste. Upon application it dried to a hard, durable surface. 11 was used to top and finish gypsum
wallboard joints.
3. 3-Purpose Joint Compound
Be The trade name of this product was Kaiser Gypsum 3-Purpose Joint
45
KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1930978 |Compound. . ¢
b. Kaiser Gypsum began manufacturing 3-Purpose Joint Compound in 1972, and
chrysotile asbestos was used as an ingredient at that time,
c. Kaiser Gypsunn last manufactured 3-Purpose Wallboard Compound with
chrysotile asbestos as an ingredient in 1976.
d. This product consisted primarily of limestone, and mica, Other component
ingredients included Hamaco Gum and Polyvinyl Alcohol. The product included between 3.1% and
14.3% by weight chrysotile asbestos as an ingredient, depending on the formula in use at the time.
a. The product was a white to off-white powder. It was packaged and sold in 25
Tb. sacks. Each sack was labeled with the name Kaiser Gypsum Company, Inc., the product name,
and directions for use.
f, This product was a dry powder which, when tnixed with water, formed a thick
paste. Upon application it dried to a hard, durable surface, It was used to tape, top and finish
gypsum wallboard joints, neilheads, and metal comerbead.
4, Qne-Day Joint Compound
a. ‘The trade name of this product was Kaiser Gypsum One-Day Joint
Compound.
b Kaiser Gypsum first manufactured One Day Joint Compound in 1968, and
chrysotile asbestos was used as an ingredient at that time.
G Kaiser Gypsum last manufactured One Day Joint Compound with chrysotile
asbestos as an ingredient in 1975.
a The product consisted primarily of casting stucco, limestone, and mica. Other
a6
KAISER GYPSUM COMPANY, INC '§ 2007 SUPPLEMENTAL RESPONSES TO
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1830978 127
28
component ingredients included clay and Polyvinyl Acetate. ‘The product included 3.3-3.5% by
weight chrysotile asbestos as an ingredient.
a ‘This product was a white to off-white powder. It was packaged and sold in 25
Ib. sacks, Bach sack was labeled with the name Kaiser Gypsum Company, Inc., the product name,
and directions for use.
f. This product was a dry powder which, when mixed with water, formed a thick
paste. Upon application it dried to a hard, durable surface. It was used to fill gypsum wallboard
joints, embed joint reinforcing tape, finish joints, and to cover and finish nailhead and metal
cornerbead.
5. Kaiser Gypsum, Dual Purpose Pre-Mix Compound
a. The trade name of this product was Kaiser Gypsum Dual Purpose Pre-Mix
Compound.
b Kaiser Gypsum began manufacturing Dual Purpose Pre-IMix Compound in
1963, and chrysotile asbestos was used as an ingredient at that time.
c Kaiser Gypsum last manufactured Dual Purpose Pre-Mix Compound with
chrysotile asbestos as an ingredient in 1975.
a This product consisted primarily of mica, and whiting. Other component
ingredients included sheroid and Lincoln clay. The product included 1.5-6% by weight chrysotile
asbestos as an ingredient.
& This product was a white to off-white colored paste. It was packaged and sold
in plastic buckets and/or cans of 4 or 5 gallons, in cartons of 5 gallons and in 5 quart buckets under
the name of Three Purpose Premix Compound. Each container was labeled with the name Kaiser
47
KAISER GYPSUM COMPANY, INC."S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTINES' STANDARD INTERROGATORIES TO ALL DEFENDANTS
4830078 1Gypsum Company, Inc., the name of the product, and directions for use.
£ - This product was a thick paste-like material which, upon application, dried to
a hard, durable surface. It was used to fill gypsum wallboard joints, embed joint reinforcing tape,
finish joints, and to cover and finish nailheads and cornerbead.
6. Pre-Mix Finishing Compound
a. ‘The trade name of this product was Kaiser Gypsum Pre-Mix Finishing
Compound.
b. Kaiser Gypsum began manufacturing Pre-Mix Finishing Compound in 1959,
and chrysotile asbestos was used as an ingredient at that time.
c Discovery and investigation is continuing and ongoing to learn when Kaiser
Gypsum last manufactured Pre-Mix Finishing Compound with chrysotile asbestos as an ingredient.
a. This product consisted primarily of minerals including casein, polyvinyl, clay,
talc, limestone, and mica, The product included chrysotile asbestos as an ingredient. The
percentage presently is unknown. Investigation is continuing and ongoing.
a This product was a white to off-white colored paste. It was packaged and sold
in cans of 4 or 5 gallons and in cartons of $ gallons. Each container was labeled with the name
Kaizer Gypsum Company, Inc., the name of the product, and directions for use.
£ ‘This product was a thick paste-like material which, upon application, dried to
a hard, durable surface. It was used to finish gypsum wallboard joints and to cover and finish
nailheads and cornerbead.
7. Pre-Mix Joint Compound
a The trade name of this product was Kaiser Gypsum Pre-Mix Joint Compound.
48
KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS! STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 12?
28
‘The product may have been packaged using the name Premix Gold and/or Premix White.
b. Kaiser Gypsum began manufacturing Pre-Mix Joint Compound in 1959, and
chrysotile asbestos was used as an ingredient at that time.
o Kaiser Gypsum stopped manufacturing Pre-Mix Joint Compound with
chrysotile asbestos as an ingredient in 1975.
a ‘The ingredients of this product are currently unknown. Investigation and
discovery is continuing and ongoing.
& This product was a white to off-white or light buff-colored paste.
Investigation and discovery is continuing and ongoing into the packaging of this product, Each
container was labeled with the name of the manufacturer, Kaiser Gypsum Company, Inc., the name
of the product, and directions for its use.
£ This product was a thick paste-like material which, upon application, dried to
a hard, durable surface, It was used to finish gypsum wallboard joints, embed joint reinforaing tape,
finish joints, and to cover and finish nailheads and metal comerbead.
8. Pre-Mix Topping Compo
a The trade name of this product was Kaiser Gypsum PreMix Topping
Compound.
b. Kaiser Gypsum began manufacturing PreMix Topping Compound in 1968,
and chrysotile asbestos was used as an ingredient at that time.
© Kaiser Gypsum fast manufactured PreMix Topping Compound with chrysotile
asbestos as an ingredient in 1975.
d. This product consisted primarily of limestone, mica, and water. The product
49
KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS' STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 1included between 0.9% - 2.2% by weight chrysotile asbestos as an ingredient, depending on the
formula in effect at a given date.
e, This product was a white to off-white or light buff-colored paste. It was
packaged and sold in metal and plastic buckets of 4 or 5-gallons and in caitons of 4 gallons. Bach
container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and
directions for use.
£ This product was a thick paste-like material which, upon application, dried to
a hard, durable surface. It was used to top and finish gypsum wallboard joints.
9. Laminating Compoun
a. The trade name of this product was Kaiser Gypsum Laminating Compound.
b. Kaiser Gypsum began manufacturing Laminating Compound in 1960, at
which time chrysotile asbestos was used as an ingredient.
e. Kaiser Gypsum last manufactured Kaiser Gypsum Laminating Compound
with chrysotile asbestos as an ingredient in 1972, at which time the product was discontinued.
d. The product consisted primarily of kaysoy, flour, shevoid and Lincoln clay.
Other component ingredients included sodium carbonate and Dowicide A&G. The product included
between 6.6% and 10% by weight chrysotile asbestos as an ingredient, depending upon the formula
in effect at a given date,
e This product was a white to off-white powder. It was packaged and sold in
sacks of 25 Ibs.. Bach container was labeled with the name Kaiser Gypsum Company, Inc., the
product name, and directions for use.
f. This product was a dry powder, which, when mixed with water, formed a
30
KAISER GYPSUM COMPANY, INC ’S 2007 SUPPLEMENTAL RESPONSES T0-
PLAINTIFES’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 Ithick paste. It was used as an adhesive to laminate one piece of gypsum wallboard to another, which
was occasionally done to create gypsum drywall partitions having thicker wallboard than could be
created by a single sheet.
10. Spackline Compound
a The srade name of this product was Kaiser Gypsum Spackling Compound.
b. Kaiser Gypsum began manufacturing Spackling Compound in approximately
1968,
G Kaiser Gypsum stopped manufacturing Spackling Compound in
approximately 1971. Kaiser Gypsum can neither confirm or refute that this product contained
chrysotile asbestos.
d.&e. The ingredients of this product, its physical appearance and a description of its
packaging, are currently unknown. Investigation and discovery is continuing and ongoing.
£ The product was designed for use in smaller home remodel projects.
Kaiser Gypsum's responses to interrogatory subparts (2), (h), () and (i) applicable to all of
the ten wallboard accessory products discussed above. are as follows:
g Kaiser Gypsum is unsure as to the intended meaning of "the U.S.
Government's ‘Qualified Products List," but has no knowledge that the wallboard accessory
products it manufactured ever appeared on such a list.
h. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos:
Harrison & Crosfield
Carmonia Chemical Co.
Western Chemical Co.
SY
KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 fPhilip Carey Corp. (Carey Canadian Asbestos)
Johns-Manvilie
Union Carbide Corp.
BS. Browning
Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time
periods during which these firms supplied asbestos are unknown. Discovery and investigation is
continuing and ongoing.
i, Kaiser Gypsum's wallboard accessory products were not intended for any of
the spedial uses of shipyards, power companies or refineries. Kaiser Gypsum sold wallboard
accessory products with chrysotile asbestos as an ingredient to customers in Northern California
consisting largely of building contractors or building materials dealers.
Kaiser Gypsum has some retained sales invoices for some years which identify the
purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These
records are not organized by type of product (and often individual documents cover sales of multiple
products). Kaiser Gypsum will make its retained sales invoices covering sales to customers in the
Geographic Area available for inspection upon reasonable notice at the offices of Hassard
Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111.
je Kaiser Gypsum will make responsive documents sufficient to substantiate the
above information available for inspection upon reasonable notice at the offices Hassard Bonnington
LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypswin
regards and maintains its product formulas as confidential business information. Kaiser Gypsum is
prepared to produce available formulas for products that contained small amounts of chrysotile
52
KAISER GYPSUM COMPANY, INC'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 tasbestos under a confidentiality agreement.
Discovery and investigation is continuing and ongoing.
B. , Decorative Texture Finishes For Interior Walls Or Ceilings
The Kaiser Gypsum decorative wall and ceiling texture products were:
1. Cover-Tex Texture Paint
2, Spray-Tex or Spray Cover-Tex Texture Paint
3. Kaiser-Tex Texture Paint
4, Cover-Tex (FSS) Wall Texture
3. K-Spray Ceiling Texture
Kaiser Gypsum’s responses to interrogatory subparts (a)-(f) for each of these products are as
follows:
1. Cover-Tex Texture Paint
a The trade name of this product was Cover-Tex Texture Paint.
dB Kaiser Gypsum marketed Cover-Tex Texture Paint in 1952, but it did not
itself manufacture the product. Kaiser Gypsum does not know whether the non-manufactured
product marketed, but not manufactured by Kaiser Gypsum, contained asbestos. Kaiser Gypsum
began manufacturing this product in the mid-1950s, at which time chrysotile asbestos was used as an
ingredient.
©. Kaiser Gypsum last manufactured Cover-Tex Texture Paint with chrysotile
asbestos as an ingredient in 1975.
d. The product consisted primarily of casein, limestone, sheroid, tale and mica.
Other component ingredients included flour, ajax, ammonium oxalate end vicron. The product
33
KAISER OYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL. RESPONSES TO
PLAINTIFES" STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 42T
28
included between 2.7% and 8.7% by weight chrysotile asbestos as an ingredient, depending upon the
formula in effect at a given date.
a This product was a white to off-white powder. It was packaged and sold in 25
Ib. or 50 ib. sacks. Each container was labeled with the name Kaiser Gypsum Company, Inc., the
product name, and directions for use.
f. This product was a dry powder which, when mixed with water formed a
texture paint. It was used to produce texture effects over gypsum wallboard surfaces.
2 Spray-Tex /Cover-Tex Spray Texture Paint
a The initial trade name of this product was Spray-Tex Texture Paint. It was
later changed to Cover-Tex (Spray Tex) Texture Paint.
b Kaiser Gypsum marketed Spray-Tex Texture Paint in 1956 with chrysotile
asbestos as an ingredient. Kaiser Gypsum last manufactured Cover-Tex Spray Texture Paint with
chrysotile asbestos as an ingvedient in 1967, when the product was discontinued.
e The product consisted primarily of casein, vicron, limestone, sheroid, tale and
mica. Other component ingredients included ajax flour, kaysoy, Tripure R-300, titanium dioxide
and starch. ‘The product included between 6% and 36.7% by weight chrysotile asbestos as an.
ingredient, depending upon the formula in effect at a given date.
d This product was a white to off-white powder, However, some colored
versions of the product were offered. It was packaged and sold in 25 Ib. and of 50 Ib. sacks. Each
container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and
directions for use.
e. This product was a dry powder which, when mixed with water, formed a
34
KAISER GYPSUM COMPANY, INC °S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES FO ALL DEFENDANTS
1830078 1texture paint that was used to produce texture effects over gypsum wallboard surfaces.
3. KaiserTex Texture Paint ‘
a The trade name of this product was Kaiser-Tex Texture Paint.
b. Kaiser Gypsum maiketed Kaiser-Tex Texture Paint in 1952, but it did not
itself manufacture the product. Kaiser Gypsumn does not know whether the non-manufactured
product marketed, but not manufactured by Kaiser Gypsum, contained asbestos. Kaiser Gypsum
began manufacturing this product in the mid-1950s, at which time chrysotile asbestos was used as an
ingredient,
c Kaiser Gypsum last manufactured Kaiser-Tex texture paint with chrysotile
asbestos as an ingredient in 1967, when the product was discontinued.
ad ‘The product consisted primarily of casein, sheroid, limestone, and mica.
Other component ingredients included ajax flour, titanium, dioxide and ammonium oxalate. The
product included between 4% and 8% by weight chrysotile asbestos as an ingredient, depending
upon the formula in effect at a given date.
e. This product was a white to offwhite powder; however, some colored paints
were sold. It was packaged and sold in 10 lb. and 25 Ib. sacks. Each container was labeled with the
name Kaiser Gypsum Company, Inc., the product name, and directions for use.
£ This product was a dry powder which, when mixed with water, formed a
texture paint. It was used to produce texture effects over gypsum wallboard surfaces.
4. Cover-Tex (TSS) Wall Texture
a The trade name of this product was Kaiser Gypsum Cover-Tex (TSS) Wall
Texture Paint.
55
KAISER GYPSUM COMPANY, tNC.'S 2007 SUPPLEMENTAL. RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL. DEFENDANTS
FB30278 |b. Kaiser Gypsum began manufacturing Cover-Tex Wall Texture in 1968, at
which time chrysotile asbestos was used as ani ingredient.
e Kaiser Gypsum last manufactured Cover-Tex Wall Texture with chrysotile
asbestos as an ingredient in 1975.
a. The product consisted primarily of casein, limestone, tale and mica. Other
component ingredients included clay, titanox and dowtesin. The product included between 4.3% -
8.7% by weight chrysotile asbestos as an ingredient, depending upon the formuia in effect at a given
date.
e The product was a white to off-white powder. It was packaged and sold in 50
Yb. sacks. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product
name, and directions for use.
£ This was a dry powder which, when mixed with water, formed a paintlike
product designed for hand or spray application. When dry, it produced a hard, durable surface. It
was used to produce texture effects over gypsum wallboard surfaces.
5. K:Spray Ceiling Texture
a. The trade names for this product included Kaiser Gypsum K-Spray Ceiling
Texture, K-Spray Ceiling Texture, K-Spray Ceiling Texture Paint (Polystyrenc), K-Spray Texture
Paint with mineral filler, K-Spray Texture with minerat aggregate and I(-Spray Ceiling Texture Paint
(mineral aggregate).
b. Kaiser Gypsum began manufacturing K-Spray Ceiling Texture in 1961, at
which time chrysotile asbestos was used as an ingredient.
G. Kaiser Gypsum last manufactured KSpray Ceiling Texture with chrysotile
56
KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL. RESPONSES TO
PLAINTIFPS' STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 |2
28
asbestos as an ingredient in 1975.
d.
The product consisted primarily of sheroid, clay, vicron, talc, limestone, and
mica. Other constituent ingredients included titanox, polystyrene aggregate, styrene aggregate,
bentanite wyogel, titaniwn pigment, casein, monsarto KGR resin, expanded vermiculite and
expanded perlite. The product included between 1.3% and 20% by weight chrysotile asbestos as an
ingredient, depending upon the formula in effect at a given date.
e
The product was a white powder. It was packaged and sold in 32 Ib. sacks.
Bach container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and
directions for use.
i
This was a dry powder which, when mixed with water, formed a palat-like
product designed for spray application. When dry, it produced a hard, durable surface. It was used
to produce texture effects over gypsum wallboard or interior concrete ceilings.
Kaiser Gypsum’s responses to interrogatory subparts (g), (h), (i) and (j) applicable to all of
the decorative texture finishes for interior walls or ceilings discussed above are as follows:
&
Kaiser Gypsum is unsure as fo the intended meaning of "the U.S.
Government's ‘Qualified Products List," but has no knowledge that the decorative texture finishes
for interior walls or ceilings it manufactured ever appeared on such a list.
h.
Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos:
Harrison & Crosfield
Carmonia Chemical Co.
Western Chemical Co.
Philip Carey Corp. (Carey Canadian Asbestos)
37
1830978 1
KAISER GYPSUM COMPANY, INC.’ 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTBRROGATORIBS TO ALL DEFENDANTS27
28
Johns-Manville
Union Carbide Corp,
ES. Browning
Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time
petiods during which these firms supplied asbestos are unknown. Discovery and investigation is
continuing and ongoing.
i, Kalser Gypsum’s decorative texture finishes for interior walls or ceilings were
not intended for any of the special uses of shipyards, power companies or refineries. Kaiser Gypsum
sold decorative texture finishes for interior walls or ceilings with chrysotile asbestos as an ingredient
to customers in Northern California consisting largely of building contractors or building materials
dealers.
Kaiser Gypsum has some retained sales invoices for some years which identify the
purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold, These
records are not organized by type of product (and often individual documents cover sales of multiple
products). Kaiser Gypsum will make its retained sales invoices covering sales to customers in the
Geographic Area available for inspection upon reasonable notice at the offices of Hassard
Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111.
j. Kaiser Gypsum will make responsive documents sufficient to substantiate the
above information available for inspection upon reasonable notice at the offices Hassard Bonnington
LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum
regards and maintains its product formulas as confidential business information. Kaiser Gypsum is
prepared to produce available formulas for products that contained small amounts of chrysotile
58
KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL. DEFENDANTS
1830978 11
2
i
4
5
6
asbestos under a confidentiality agreement.
Discovery and investigation is continuing and ongoing.
C. Electric Radiant Heat System Finishing Products
These Kaiser Gypsum electric radiant, heat system accessory finishing products were:
, 1. Filler Compound
2. Radiant Heat Joint Compound
3. Radiant Heath Scrimless Surfacing Compound
4. Radiant Heat Compound
3. Radiant Heat Surfacing Compound
6. Presmix Radiant Heat Joint Compound
7. Joint Compound (Casein Based) Radiant Heat Surfacing Compound
Gypsum’s responses to intexrogatory subparts (a)-(f) for each of these products are as
follows:. . 1
1, Hiller Compound
a "The trade name of this product was Kaiser Gypsum Filler Compound.
b. Kaiser Gypsum began manufacturing Filler Compound in 1961, at which time
chrysotile asbestos was used as an ingredient.
c Kaiser Gypsum Jast manufactured Filler Compound with chrysotile asbestos
as an ingredient in 1972, when the product was discontinued.
d. The product consisted primarily of Kaiset Gypsum accessory products with
additional limestone, and mica. The product also used chrysotile asbestos as an ingredient in its
formula, but the amount of asbestos called for in the formula used to manufacture the product is
39
KAISER GYPSUM COMPANY, }NC 'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFES' STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 1uncertain. Discovery and investigation is continuing and ongoing.
e This product was a white to off-white powder, It was packaged and sold in
sacks of 50 Ibs. Bach container was labeled with the name Kaiser Gypsum Company, Inc., the
product name, and dixections for’ ase.
£ This product was a dry powder, which, when mixed with water, formed a
thick paste. Upon application it dried to a hard, durable surface. It was used to cover Radiant
Heating System ceiling surfaces.
2. Radi int Compound
a. The trade naine of this product was Kaiser Gypsum Radiant Heat Joint
Compound,
b. Kaiser Gypsum began manufacturing this product in 1971, at which time
chrysotile asbestos was used as an ingredient
c Kaiser Gypsum last manufactured Radiant Heat Joint Compound with
chrysotile asbestos as an ingredient in 1974, when the product was discontinued.
d. The product consisted primarily of mica and whiting. Other component
ingredients included Lincoln clay and casein. The product included 5-10% by weight chrysotile
asbestos as an ingredient.
e This product was a white to off-white powder. It was packaged and sold in
sacks of 60 lbs. Each container was labeled with the name Kaiser Gypsum Company, Inc., the
product name, and directions for use.
£ This product was a dry powder, which, when mixed with water, formed a
thick paste that was used to cover radiant heating cables siapled to cciling surfaces.
60
KKAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO
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830978 13. adi eat Scrimless Surfacing Compound
a. The trade name of this product was Kaiser Gypsum Radiant Heat Scrimless
Surfacing Compound.
b. Kaiser Gypsum began manufacturing this product in 1970, at which time
chrysotile asbestos was used as an ingredient
ec. Kaiser Gypsum last manufactured Radiant Heat Scrimless Surfacing
Compound with chrysotile asbestos as an ingredient in 1974, when the product was discontinued.
d, The product consisted primarily of mica and whiting. Other component
ingredients included Lincoln clay and casein. The product included 5% by weight chrysotile
asbestos as an ingredient.
& This product was a greenish powder. It was packaged and sold in sacks of 25
1b. and 50 Ib. sacks. Each container was labeled with the name of the manufacturer, Kaiser Gypsum
Company, lue., the name of the product, and directions for its use.
£ This product was a dry powder, which, when mixed with water, formed a
thick paste that was used to cover radiant heating cables embedded in ceiling surfaces.
4, Radiant Heat Compoun
a. The trade name of this product was Kaiser Gypsum Radiant Heat Compound.
b. Kaiser Gypsum began manufacturing this product in 1968, at which time
chrysotile asbestos was used as an ingredient
e Kaiser Gypsum last manufactured Radiant Heat Compound with chrysotile
asbestos as an ingredient in 1974, when the product was discontinued.
d. The product consisted primarily of sand, porfland cement, clay and perlite.
61
KAISER GYPSUM COMPANY, INC.‘S 2007 SUPPLEMENTAL. RESPONSES TO
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1830978 1The product included 3.35-3.7% by weight chrysotile asbestos as an ingredient.
8. This product was a white to off-white powder. It was packaged and sold in
sacks of 60 lb. sacks. Bach container was labeled with the name of the manufacturer, Kaiser
Gypstun Company, Inc., the name of the product, and directions for its use.
fh This product was a ay powder, ‘which, when mixed with water, formed a
thick paste that was used to cover radiant heating cables embedded in ceiling surfaces.
3. adiant
a ‘The trade name of this product was Kaiser Gypsum Radiant Heat Surfacing
Compound.
b. Kaiser Gypsum began manufacturing this product in 1968, at which time
chrysotile asbestos was used as an ingredient
c. Kaiser Gypsum last manufactured Radiant Heat Surfacing Compound with
chiysotile asbestos as an ingredient.in 1974, when the product was discontinued.
a. The product consisted primarily of silica, mica, clay and casein. The product
included 5% by weight chrysotile asbestos as an ingredient.
& This product was a greenish powder. It was packaged and sold in sacks of 25
Ibs, Each container was labeled with the name of the manufacturer, Kaiser Gypsum Company, Inc.,
the name of the product, and directions for its use.
£ This product was a dry powder, which, when mixed with water, formed a
thick paste that was used to cover radiant heating cables embedded in ceiling surfaces,
6. Pre-mix Radiant Heat Joint Compound
a. The trade name of this product was Kaiser Gypsum Pre-mix Radiant Heat
62
KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL. DEFENDANTS
1830978 FJoint Compound.
b. Kaiser Gypsum began manufacturing this product in 1972, at which time
chrysotile asbestos was used as an ingredient
G The date Kaiser Gypsum last manufactured Pre-mix Radiant Heat Joint
Compound with chrysotile asbestos as an ingredient is unknown.
a. The product consisted primarily of mica, clay, water and whiting, The
product included 5.86% by weight chrysotile asbestos as an ingredient.
e How this product was packaged is unknown. Each container was labeled with
the name of the manufacturer, Kaiser Gypsum Company, Inc., the name of the product, and
directions for its use.
£ This product was used to cover radiant heating cables embedded in ceiling
surfaces.
7
a ‘The trade name of this product was Kaiser Gypsum Joint Compound (Casein
Based) Radiant Heat Surfacing Compound.
b Kaiser Gypsum began manufacturing this product in 1968, at which time
chrysotile asbestos was used as an ingredient
c. The date Kaiser Gypsum last manufactured this product is unknown.
d. ‘The product consisted primarily of limestone, mica and clay. The product
included 10-13% by weight chrysotile asbestos as an ingredient.
a How this product was packaged is unknown, Each container was labeled with
the name of the manufacturer, Kaiser Gypsum Company, Inc., the name of the product, and
63
KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL RESPONSES TO.
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 0directions for its use.
i. ‘This product was a dry powder, which, when mixed with water, formed a
thick paste that wns used to cover radiant heating cables embedded in ceiling surfaces.
Kaiser Gypsum's responses to interrogatory subparts (g), (h), (i) and (j) applicable to all of
the seven radiant heat system finishing products discussed above are as follows:
& Kalser Gypsum is unsure as to the intended meaning of "the U.S. Government's
‘Qualified Products List," but has no knowledge that the tadiant heat system finishing products it
manufactured ever appeared on such a list.
h. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos:
Harison & Crosfield
Carmonia Chemical Co.
Western Chemical Co.
Philip Carey Corp. (Carey Canadian Asbestos)
Johns-Manville
Union Carbide Corp.
ES. Browning
Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time
periods during which these firms supplied asbestos are unknown. Discovery and investigation is
continuing and ongoing.
i. Kaiser Gypsum's radiant heat system finishing products were not intended for
any of the special uses of shipyards, power companies or refineries. Kaiser Gypsum sold radiant
heat system finishing products with chrysotile asbestos as an ingredient to customers in Northern
6a
KAISER GYPSUM COMPANY, ING 'S 2007 SUPPLEMENTAL RESPONSES TO
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1830978 127
28
Califomia consisting largely of building contractors or building materials dealers.
Kaiser Gypsum has some retained sales invoices for some years which identify the
purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These
records are not organized by type of product (and often individual documents cover sales of multiple
products). Kaiser Gypsum will make its retained sales invoices covering sales to customers in the
Geographic Area available for inspection upon reasonable notice at the offices of Hassard
Bonnington LLP, Two Bmbareadero Center, Suite 1800, San Francisco, California 94111.
3 Kaiser Gypsum will make responsive documents sufficient to substantiate the
above information available for inspection upon reasonable notice at the offices Hassard Bonnington
LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum
regards and maintains its product formulas as confidential business information. Kaisex Gypsum is
prepared to produce available formulas for products that contained small amounts of chrysotile
asbestos under a confidentiality agreement.
Discovery and investigation is continuing and ongoing.
D. Gypsum Wallboard Accessories For Exterior Use
The Kaiser Gypsum accessories for exterior use were:
1 X-Tertor Premix Prefill Compound
2. X-Terlor Premix Wall Texture Compound
Kaiser Gypsum’s responses to interrogatory subparts (a)-(f) for each of these products are as
follows:
L X-Terk ix Prefill Compound
a The trade name of this product was Kaiser Gypsum X-Tesior Premix Prefill
65
KAISER GYPSUM COMPANY, INC'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 1Compound.
b. & c. Kaiser Gypsum began marketing this product in 1974 and ceased marketing
this product during 1975, Chrysotile asbestos was used as an ingredient for the period during which
this product was manufactured.
d. Kaiser Gypsum X-Terior Prermix Prefill Compound was made primarily of
raw gypsum, PVA emulsion, mica and water. The product included 1.6% by weight chrysotile
asbestos as an ingyedient.
e. This product was a white to off-white paste. It was packaged and sold ix
metal cans and plastic buckets of 60 Ibs., and in cartons of 48 and 60 lbs. Each container was
labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use.
f. This product was a paste that was used to pre-fill joints in gypsum wallboard
installed on building exteriors.
2, ‘ KeTerior Premix Wall Texture
a The trade name of this product was Kaiser Gypsum X-Terior Premix Wall
Texture.
b, & o. Kaiser Gypsum began marketing this product in 1974 and ceased marketing
this product during 1975. Chrysotile asbestos was used as an ingredient for the period during which
this product was manufactured.
d. The product consisted primarily of limestone, acrylic emulsion, water and
mica. The product included 1.66-1.74% by weight chrysotile asbestos as an ingredient.
e The product was a white to off-white paste. It was packaged and sold in $8 1b.
metal cans, plastic buckets and cartons. Bach container was labeled with the name Kaiser Gypsum
66
KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 1Company, Inc., the product name, and directions for use.
£ This product was a white to off-white paste that was used to provide surface
texture-to gypsum wallboard on building exteriors.
Kaiser Gypsum’s responses to interrogatory subparts (g), (2), G) and @j) applicable to the two
exterior finishing products discussed above are as follows:
Keiser Gypsum's responses to interrogatory subparts (g), (h), @) and G) applicable to all of
the gypsum wallboard accessories for exterior use discussed above ate as follows:
Kaiser Gypsum is unsure as to the intended meaning of he US.
Government's ‘Qualified Products List,” but has no knowledge that the gypsum wallboard
accessories for exterior use it manufactured ever appeared on such a list.
h Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos:
Harrison & Crosfield
Carmonia Chemical Co. ,
Western Chemical Co.
Philip Carey Corp. (Carey Canadian Asbestos)
Johns-Manville
Union Carbide Corp.
E.S. Browning
Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time
periods during which these firms supplied asbestos are unknown. Discovery and investigation is
continuing and ongoing.
i. Kaiser Gypsum's gypsum wallboard accessories for exterior use were not
67
KAISER GYPSUM COMPANY, INC'S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 11 || intended for any of the special uses of shipyards, power companies or refineries. Kaiser Gypsum
2 || sold gypsiim wallboard accessories for exterior use with chrysotile asbestos as an ingredient to
customers in Northern California consisting largely of building contvactors or building materials
4
dealers.
5 . :
6 Kaiser Gypsum has some retained sales invoices for some years which identify the
parchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These
g |lrecords are not organized by type of product (and often individual documents cover sales of multiple
9 |I products), Kaiser Gypsum will make its retained sales invoices covering sales to customers in the
Geographic Area available for inspection upon reasonable notice at the offices of Hassard
Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111.
, i Kaiser Gypsum will make responsive documents sufficient to substantiate the
above information available for inspection upon reasonable notice at the offices Hassard Bonnington
15 || LLP, Two Einbarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum
16 || regards and maintains iis product formulas as confidential business information. Kaiser Gypsum is
17 |] prepared to produce available formulas for products that contained small amounts of chrysotile
asbestos under a confidentiality agreement,
Discovery and investigation is continuing and ongoing.
EB ize-Rated Mi iberbo: iters* ies, Inc.
22 Deslen
23 Fire code officials required that under certain circumstances the systems using building
24 || ceiling tiles must be able to resist fire for at least 2 hours. Kaiser Gypsum discovered that if small
25 |! amounts of asbestos were added, the mineral fiber ceiling tiles and lay-in boards could be made to
26
68
27
KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL RESPONSES TO
28 PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830078 F27
28
hold their shape for 2 hours under the conditions of fire tests conducted by Underwriters’
Laboratories. Those versions of the products received the desired 2-hour fire resistance
classification. Kaiser Gypsum manufactured varieties of mineral fiberboard that did not obtain the
2-hour fire rating. These products did not contain chrysotile asbestos.
Kaiser Gypsum’s responses to interrogatory subparts a.-j. are as follows:
a The trade name of this product was Kaiser Mineral Fiberboard - U.L, Fire-
Rated (Underwriters’ Laboratories, Inc. Design). The product was cut into ceiling tiles and lay-in
boards for use in suspended ceilings. It was used for acoustical.ceiling tile and suspended lay-in
board in circumstances where a 2-hour fire resistance classification was specified. Both the ceiling
tiles and the lay-in boards were sold under the trade name “Kaiser Minera] Fiberboard-U.L. Fire-
Rated (Underwriters’ Laboratories, Inc. Design).”
b. The date Kaiser Gypsum began manufacturing Mineral Fiberboard-U.L Fire-
Rated with chrysotile asbestos as an ingredient is currently unknown.
c. Kaiser Gypsum last manufactured Mineral Fiberboard-U.L. Fire-Rated with
chrysotile asbestos as an ingredient in 1974, when the 2-hour fire-rated product was discontinued.
a. Kaiser Mineral Fiberboard U.L. Fire-Rated (underwriters Laboratories, Inc.
Design) was made primarily of mineral fiber, clay, starch and pulp. This product included 1.6% -
3.5% by weight chrysotile asbestos as an ingredient.
& This product consisted of ceiling tiles and lay-in boards with face side white
or colored, and with a perforated or fissured design for acoustical treatment. The tiles were 5/8” by
12” by 12,” The lay-in boards came in various sizes, the most common being %” or 5/8” by 24” by
24” and 14” or 5/8” by 24” by 48.” They were packaged and sold in boxes of various quantities. The
6
KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
1830978 127
28
boxes contained the name Kaiser Gypsum Company, Inc,, and the product name. Kaiser Gypsum’s
2-heur fire-rated cefling tiles and suspended ceiling Jay-in board were required to be specially
marked because they jooked similar to other Kaiser Gypsum mineral fiberboard coiling tiles and lay-
in boards (that did not contain asbestos as an ingredient) and building inspectors wanted to be able to
check to make sure that products with a 2-hour fire resistance classification actually were being used
by the building contractor when those had been specified. It is believed that 2-hour fire-rated ceiling
tile and suspended ceiling lay-in board wore stamped on the back with either the initial “IQ” or the
word “Kaiser Gypsum.” It is believed that this marking was employed during the entire period that
the 2-hour fire-rated products were manufactured by Kaiser Gypsum.
£ ‘This product was used for acoustical ceiling tile and suspended lay-in board in
circumstances where a 2-hour fire resistance classification was specified.
g. Kaiser Gypsum is unsure as to the intended meaning of "the U.S.
Government's ‘Qualified Products List,” but has no knowledge that the two hour fire-rated mineral
fiberboard, Underwriters Laboratories, Inc. design it manufactured ever appeared on such a list.
h. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos to its
St, Helens’ Plant:
Loomis Chemical Co.
Benson Chemical Co.
Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time
petiods during which these firms supplied asbestos are unlnown.
i, Kaiser Gypsum's two hour fire-rated mineral fiberboard, Underwriters
Laboratories, Inc. design were not intended for any of the special uses of shipyards, power
70
KAISER GYPSUM COMPANY, INC °S 2007 SUPPLEMENTAL RESPONSES TO
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4830978 1companies or refineries. Kaiser Gypsum sold two hour fire-rated mineral fiberboard, Underwriters
Laboratories, Inc. design with chrysotile asbestos as an ingredient to customers in Norther
California consisting largely of building contractors or building materials dealers.
Kaiser Gypsum has sore retained sales invoices for some years which identify the
purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These
records are not organized by type of product (and often individual documents cover sales of multiple
products). Kaiser Gypsum will meke its retained sales invoices covering sales to customers in the
Geographic Area available for inspection upon reasonable notice at the offices of Hassard
Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111.
i ‘Kaiser Gypsum will make responsive documents sufficient to substantiate the
above information available for inspection upon reasonable notice at the offices Hassard Bonnington
LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum.
regards and maintains its product formulas as confidential business information. Kaiser Gypsum is
prepared to produce available formulas for products that contained small amounts of chrysotile
asbestos under a confidentiality agreement.
Discovery and investigation is continuing and ongoing.
FR -A-Fire Type oard
This past of Kaiser Gypsum’s response, though not directly called for by the subject
interrogatories, is being made in light of earlier versions of Kaiser Gypsum’s responses to standard
interrogatories and evolving knowledge, in the context of historical regulatory uncertainties about
whether vermiculite ore used as an ingredient in some Kaiser Gypsum Null-A-Fire Type-X Gypsum,
Wallboard products was contaminated in a way that caused certain workers to be exposed to
n
KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL. RESPONSES TO
PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS
3830978 1airborne “asbestos.” Kaiser Gypsum’s position is that no Kaiser Gypsum Null-A-Fire Type-X
Gypsum Wallboard using vermiculite ore as an ingredient could have been a substantial contributing
factor to disease.
As background, in 1954, Kaiser Gypsum introduced Null-A-Fire brand wallboard, a 5/8”
thick gypsum wallboard that was approved by the Uniform Building Code and listed by
Underwriters Laboratories, Ync. for a one-hour fire rating. Wallboard products that were fire-rated
were labeled'as “Type X” to distinguish them from ordinary gypsum wallboard. products that had not
passed fire-rating tests,
When introduced in 1954, the primary component of Kaiser Gypsum’s Null-A-Fire
wallboard was gypsum. Kaiser Gypsum found that, by adding small proportions of glass fiber and
expanded perlite, a board could be constructed that would resist the heat of the fire test for the
required one-hour period. Expanded perlite is a very light mineral, white in color, that looks like
puffed breakfast cercal.
Kaiser Gypsum continued to market its Null-A-Fire Type X Gypsum Wallboard products
that contained expanded perlite for more than a decade following their introduction in 1954. In
1965, Kaiser Gypsum began developing wallboard products that contained raw vermiculite. Once
fire-rated and approved in approximately 1968, Kaiser Gypsum began marketing gypsum wallboard
containing raw vermiculite under its Null-A-Fire brand. It continued to market such products until
April 1978. Like other wallboard products, Null-A-Fire wallboards consisted primarily of gypsum.
plaster. The formulas varied o
Preview
wn Co wa A 10 i 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 GEORGE D, YARON, ESQ. (State Bar #96246) KEITH E. PATTERSON, ESQ. (State Bar #225753) MICHAEL J. PENG, ESQ. ee Bar #260852) YARON & ASSOCIATES 601 California Street, 21° Floor San Francisco, California 94108 Telephone: (415) 658-2929 Facsimile: (415) 658-2930 Attorneys for Defendant 84 LUMBER COMPANY ELECTRONICALLY FILED Superior Court of Califofnia, County of San Francispo FEB 26 201 Clerk of the Cou BY: CHRISTLE ARRIO! Deputy}Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JOYCE JUELCH and NORMAN JUELCH, SR.) Plaintiffs, vy. ASBESTOS DEFENDANTS (B#P)_ As) Reflected on Exhibits B, B-1, C; and DOES 1-) 8500; and SEE ATTACHED LIST, Ne et Ne Defendants, Ne ee ee ee CASE NO. CGC-09-275212 EXHIBIT K CONTINUED TO DECLARATION OF MICHAEL J. PENG IN SUPPORT OF 84 LUMBER COMPANY’S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Hearing Date: March 18, 2010 Hearing Time: 9:30 am, Depart. No.: 220 Hearing Judge: Hon. Harold E. Kahn Date Action Filed: | May 20, 2009 Date Set For Trial: April 5, 20102. The inclusive dates of each such sale, shipment, disiribution, use or installation and the amount (volume) and the trade or brand name of each such ASBESTOS- CONTAINING PRODUCT sold; 3. Whether you have any records indicating any such sale, shipment, distribution, use or installation and, if so, the name, address and job classification of each person who currently has possession of such records. i. Rither (1) attach ali DOCUMENTS evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disies 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. ANSWER; Kaiser Gypsum’s products that contained chrysotile asbestos as an ingredient during specified time periods indicated below. A. Wallboard Accessory Producis ‘These Kaiser Gypsum wallboard accessory products were: 1. Joint Cement/Joint Compound 2. Finishing (Topping) Compound , 3. 3-Purpose Wallboard Compound 4, One-Day Joint Compound 5. Pre-mix Joint Compound 6 Pre-mix Finishing Compound 7. Pre-mix Dual Purpose Joint Compound 43 KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL. RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 18. Pre«mix Topping Compound 9. Lamineting Compound 10. Spackling Compound Kaiser Gypsum’s separate responses to interrogatory subparts (a)-(f) for each of these products are as follows: 1, Joint Cement/Joi ound a The trade name of this product originally was Kaiser Joint Cement. In about 1957 it was changed to Kaiser Joint Compound. b. Kaiser Gypsum marketed Kaiser Joint Cement in 1952, but did not itself manufacture the product. Kaiser Gypsum does not know if the joint cement it marketed, but did not manufacture, contained chrysotile asbestos. Kaiser Gypsum began to manufacture joint cement in the mid-1950s. Chrysotile asbestos was used as an ingredient in the joint cement/oint compound manufactured by Kaiser Gypsum. & Kaiser Gypsum last manufactured Kaiser Joint Compound with chrysotile asbestos as an ingredient in 1975. d. The product consisted primarily of limestone and mica, Other component ingredients included casein, polyvinyl, clay, and talc. The praduct included between 6.5% and 16% by weight chrysotile asbestos as an ingtedient depending an the formula in effect at a given date. &. ‘This product was a white to off-white powder. It was packaged and sold in 10 or 25 Ib, sacks, and in boxes of 5 or 18 Ibs. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. 44 KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALJ. DEFENDANTS 1830978 |£ _. This product was a dry powder which, when mixed with water, formed a thick paste. Upon application it dried to a hard, durable surface, It was used to fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and finish nail heads and metal comerbead. 2. inishi ing) Commound/Finishiy t a. The trade namie of this product originally was Kaiser Gypsum Finishing Cement. The name was changed to Finishing (Topping) Compound in 1957. b. Kaiser Gypsum began manufacturing Finishing Cement in 1956, and chrysotile asbestos was used as an ingredient. G Kaiser Gypsum last manufactured Finishing (Topping) Compound with chrysotile asbestos as an ingredient in 1975. d. This product consisted primarily of limestone, soapstone and mica. Other component ingredients included clay, casein, and talc. The product included between 3.7% and 16% by weight chrysotile asbestos as an ingredient, depending on the formula in effect at a given time. e This product was a white to off-white powder, It was packaged and sold in 23 Ib. sacks. Each container was labeled with the name Kaiser Gypsum Company, inc., the product name, and instructions for use. £ This product was a dry powder which, when mixed with water, formed a thick paste. Upon application it dried to a hard, durable surface. 11 was used to top and finish gypsum wallboard joints. 3. 3-Purpose Joint Compound Be The trade name of this product was Kaiser Gypsum 3-Purpose Joint 45 KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1930978 |Compound. . ¢ b. Kaiser Gypsum began manufacturing 3-Purpose Joint Compound in 1972, and chrysotile asbestos was used as an ingredient at that time, c. Kaiser Gypsunn last manufactured 3-Purpose Wallboard Compound with chrysotile asbestos as an ingredient in 1976. d. This product consisted primarily of limestone, and mica, Other component ingredients included Hamaco Gum and Polyvinyl Alcohol. The product included between 3.1% and 14.3% by weight chrysotile asbestos as an ingredient, depending on the formula in use at the time. a. The product was a white to off-white powder. It was packaged and sold in 25 Tb. sacks. Each sack was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. f, This product was a dry powder which, when tnixed with water, formed a thick paste. Upon application it dried to a hard, durable surface, It was used to tape, top and finish gypsum wallboard joints, neilheads, and metal comerbead. 4, Qne-Day Joint Compound a. ‘The trade name of this product was Kaiser Gypsum One-Day Joint Compound. b Kaiser Gypsum first manufactured One Day Joint Compound in 1968, and chrysotile asbestos was used as an ingredient at that time. G Kaiser Gypsum last manufactured One Day Joint Compound with chrysotile asbestos as an ingredient in 1975. a The product consisted primarily of casting stucco, limestone, and mica. Other a6 KAISER GYPSUM COMPANY, INC '§ 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 127 28 component ingredients included clay and Polyvinyl Acetate. ‘The product included 3.3-3.5% by weight chrysotile asbestos as an ingredient. a ‘This product was a white to off-white powder. It was packaged and sold in 25 Ib. sacks, Bach sack was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. f. This product was a dry powder which, when mixed with water, formed a thick paste. Upon application it dried to a hard, durable surface. It was used to fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and finish nailhead and metal cornerbead. 5. Kaiser Gypsum, Dual Purpose Pre-Mix Compound a. The trade name of this product was Kaiser Gypsum Dual Purpose Pre-Mix Compound. b Kaiser Gypsum began manufacturing Dual Purpose Pre-IMix Compound in 1963, and chrysotile asbestos was used as an ingredient at that time. c Kaiser Gypsum last manufactured Dual Purpose Pre-Mix Compound with chrysotile asbestos as an ingredient in 1975. a This product consisted primarily of mica, and whiting. Other component ingredients included sheroid and Lincoln clay. The product included 1.5-6% by weight chrysotile asbestos as an ingredient. & This product was a white to off-white colored paste. It was packaged and sold in plastic buckets and/or cans of 4 or 5 gallons, in cartons of 5 gallons and in 5 quart buckets under the name of Three Purpose Premix Compound. Each container was labeled with the name Kaiser 47 KAISER GYPSUM COMPANY, INC."S 2007 SUPPLEMENTAL RESPONSES TO PLAINTINES' STANDARD INTERROGATORIES TO ALL DEFENDANTS 4830078 1Gypsum Company, Inc., the name of the product, and directions for use. £ - This product was a thick paste-like material which, upon application, dried to a hard, durable surface. It was used to fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and finish nailheads and cornerbead. 6. Pre-Mix Finishing Compound a. ‘The trade name of this product was Kaiser Gypsum Pre-Mix Finishing Compound. b. Kaiser Gypsum began manufacturing Pre-Mix Finishing Compound in 1959, and chrysotile asbestos was used as an ingredient at that time. c Discovery and investigation is continuing and ongoing to learn when Kaiser Gypsum last manufactured Pre-Mix Finishing Compound with chrysotile asbestos as an ingredient. a. This product consisted primarily of minerals including casein, polyvinyl, clay, talc, limestone, and mica, The product included chrysotile asbestos as an ingredient. The percentage presently is unknown. Investigation is continuing and ongoing. a This product was a white to off-white colored paste. It was packaged and sold in cans of 4 or 5 gallons and in cartons of $ gallons. Each container was labeled with the name Kaizer Gypsum Company, Inc., the name of the product, and directions for use. £ ‘This product was a thick paste-like material which, upon application, dried to a hard, durable surface. It was used to finish gypsum wallboard joints and to cover and finish nailheads and cornerbead. 7. Pre-Mix Joint Compound a The trade name of this product was Kaiser Gypsum Pre-Mix Joint Compound. 48 KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS! STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 12? 28 ‘The product may have been packaged using the name Premix Gold and/or Premix White. b. Kaiser Gypsum began manufacturing Pre-Mix Joint Compound in 1959, and chrysotile asbestos was used as an ingredient at that time. o Kaiser Gypsum stopped manufacturing Pre-Mix Joint Compound with chrysotile asbestos as an ingredient in 1975. a ‘The ingredients of this product are currently unknown. Investigation and discovery is continuing and ongoing. & This product was a white to off-white or light buff-colored paste. Investigation and discovery is continuing and ongoing into the packaging of this product, Each container was labeled with the name of the manufacturer, Kaiser Gypsum Company, Inc., the name of the product, and directions for its use. £ This product was a thick paste-like material which, upon application, dried to a hard, durable surface, It was used to finish gypsum wallboard joints, embed joint reinforaing tape, finish joints, and to cover and finish nailheads and metal comerbead. 8. Pre-Mix Topping Compo a The trade name of this product was Kaiser Gypsum PreMix Topping Compound. b. Kaiser Gypsum began manufacturing PreMix Topping Compound in 1968, and chrysotile asbestos was used as an ingredient at that time. © Kaiser Gypsum fast manufactured PreMix Topping Compound with chrysotile asbestos as an ingredient in 1975. d. This product consisted primarily of limestone, mica, and water. The product 49 KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS' STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 1included between 0.9% - 2.2% by weight chrysotile asbestos as an ingredient, depending on the formula in effect at a given date. e, This product was a white to off-white or light buff-colored paste. It was packaged and sold in metal and plastic buckets of 4 or 5-gallons and in caitons of 4 gallons. Bach container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. £ This product was a thick paste-like material which, upon application, dried to a hard, durable surface. It was used to top and finish gypsum wallboard joints. 9. Laminating Compoun a. The trade name of this product was Kaiser Gypsum Laminating Compound. b. Kaiser Gypsum began manufacturing Laminating Compound in 1960, at which time chrysotile asbestos was used as an ingredient. e. Kaiser Gypsum last manufactured Kaiser Gypsum Laminating Compound with chrysotile asbestos as an ingredient in 1972, at which time the product was discontinued. d. The product consisted primarily of kaysoy, flour, shevoid and Lincoln clay. Other component ingredients included sodium carbonate and Dowicide A&G. The product included between 6.6% and 10% by weight chrysotile asbestos as an ingredient, depending upon the formula in effect at a given date, e This product was a white to off-white powder. It was packaged and sold in sacks of 25 Ibs.. Bach container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. f. This product was a dry powder, which, when mixed with water, formed a 30 KAISER GYPSUM COMPANY, INC ’S 2007 SUPPLEMENTAL RESPONSES T0- PLAINTIFES’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 Ithick paste. It was used as an adhesive to laminate one piece of gypsum wallboard to another, which was occasionally done to create gypsum drywall partitions having thicker wallboard than could be created by a single sheet. 10. Spackline Compound a The srade name of this product was Kaiser Gypsum Spackling Compound. b. Kaiser Gypsum began manufacturing Spackling Compound in approximately 1968, G Kaiser Gypsum stopped manufacturing Spackling Compound in approximately 1971. Kaiser Gypsum can neither confirm or refute that this product contained chrysotile asbestos. d.&e. The ingredients of this product, its physical appearance and a description of its packaging, are currently unknown. Investigation and discovery is continuing and ongoing. £ The product was designed for use in smaller home remodel projects. Kaiser Gypsum's responses to interrogatory subparts (2), (h), () and (i) applicable to all of the ten wallboard accessory products discussed above. are as follows: g Kaiser Gypsum is unsure as to the intended meaning of "the U.S. Government's ‘Qualified Products List," but has no knowledge that the wallboard accessory products it manufactured ever appeared on such a list. h. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos: Harrison & Crosfield Carmonia Chemical Co. Western Chemical Co. SY KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 fPhilip Carey Corp. (Carey Canadian Asbestos) Johns-Manvilie Union Carbide Corp. BS. Browning Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time periods during which these firms supplied asbestos are unknown. Discovery and investigation is continuing and ongoing. i, Kaiser Gypsum's wallboard accessory products were not intended for any of the spedial uses of shipyards, power companies or refineries. Kaiser Gypsum sold wallboard accessory products with chrysotile asbestos as an ingredient to customers in Northern California consisting largely of building contractors or building materials dealers. Kaiser Gypsum has some retained sales invoices for some years which identify the purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These records are not organized by type of product (and often individual documents cover sales of multiple products). Kaiser Gypsum will make its retained sales invoices covering sales to customers in the Geographic Area available for inspection upon reasonable notice at the offices of Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. je Kaiser Gypsum will make responsive documents sufficient to substantiate the above information available for inspection upon reasonable notice at the offices Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypswin regards and maintains its product formulas as confidential business information. Kaiser Gypsum is prepared to produce available formulas for products that contained small amounts of chrysotile 52 KAISER GYPSUM COMPANY, INC'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 tasbestos under a confidentiality agreement. Discovery and investigation is continuing and ongoing. B. , Decorative Texture Finishes For Interior Walls Or Ceilings The Kaiser Gypsum decorative wall and ceiling texture products were: 1. Cover-Tex Texture Paint 2, Spray-Tex or Spray Cover-Tex Texture Paint 3. Kaiser-Tex Texture Paint 4, Cover-Tex (FSS) Wall Texture 3. K-Spray Ceiling Texture Kaiser Gypsum’s responses to interrogatory subparts (a)-(f) for each of these products are as follows: 1. Cover-Tex Texture Paint a The trade name of this product was Cover-Tex Texture Paint. dB Kaiser Gypsum marketed Cover-Tex Texture Paint in 1952, but it did not itself manufacture the product. Kaiser Gypsum does not know whether the non-manufactured product marketed, but not manufactured by Kaiser Gypsum, contained asbestos. Kaiser Gypsum began manufacturing this product in the mid-1950s, at which time chrysotile asbestos was used as an ingredient. ©. Kaiser Gypsum last manufactured Cover-Tex Texture Paint with chrysotile asbestos as an ingredient in 1975. d. The product consisted primarily of casein, limestone, sheroid, tale and mica. Other component ingredients included flour, ajax, ammonium oxalate end vicron. The product 33 KAISER OYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL. RESPONSES TO PLAINTIFES" STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 42T 28 included between 2.7% and 8.7% by weight chrysotile asbestos as an ingredient, depending upon the formula in effect at a given date. a This product was a white to off-white powder. It was packaged and sold in 25 Ib. or 50 ib. sacks. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. f. This product was a dry powder which, when mixed with water formed a texture paint. It was used to produce texture effects over gypsum wallboard surfaces. 2 Spray-Tex /Cover-Tex Spray Texture Paint a The initial trade name of this product was Spray-Tex Texture Paint. It was later changed to Cover-Tex (Spray Tex) Texture Paint. b Kaiser Gypsum marketed Spray-Tex Texture Paint in 1956 with chrysotile asbestos as an ingredient. Kaiser Gypsum last manufactured Cover-Tex Spray Texture Paint with chrysotile asbestos as an ingvedient in 1967, when the product was discontinued. e The product consisted primarily of casein, vicron, limestone, sheroid, tale and mica. Other component ingredients included ajax flour, kaysoy, Tripure R-300, titanium dioxide and starch. ‘The product included between 6% and 36.7% by weight chrysotile asbestos as an. ingredient, depending upon the formula in effect at a given date. d This product was a white to off-white powder, However, some colored versions of the product were offered. It was packaged and sold in 25 Ib. and of 50 Ib. sacks. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. e. This product was a dry powder which, when mixed with water, formed a 34 KAISER GYPSUM COMPANY, INC °S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES FO ALL DEFENDANTS 1830078 1texture paint that was used to produce texture effects over gypsum wallboard surfaces. 3. KaiserTex Texture Paint ‘ a The trade name of this product was Kaiser-Tex Texture Paint. b. Kaiser Gypsum maiketed Kaiser-Tex Texture Paint in 1952, but it did not itself manufacture the product. Kaiser Gypsumn does not know whether the non-manufactured product marketed, but not manufactured by Kaiser Gypsum, contained asbestos. Kaiser Gypsum began manufacturing this product in the mid-1950s, at which time chrysotile asbestos was used as an ingredient, c Kaiser Gypsum last manufactured Kaiser-Tex texture paint with chrysotile asbestos as an ingredient in 1967, when the product was discontinued. ad ‘The product consisted primarily of casein, sheroid, limestone, and mica. Other component ingredients included ajax flour, titanium, dioxide and ammonium oxalate. The product included between 4% and 8% by weight chrysotile asbestos as an ingredient, depending upon the formula in effect at a given date. e. This product was a white to offwhite powder; however, some colored paints were sold. It was packaged and sold in 10 lb. and 25 Ib. sacks. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. £ This product was a dry powder which, when mixed with water, formed a texture paint. It was used to produce texture effects over gypsum wallboard surfaces. 4. Cover-Tex (TSS) Wall Texture a The trade name of this product was Kaiser Gypsum Cover-Tex (TSS) Wall Texture Paint. 55 KAISER GYPSUM COMPANY, tNC.'S 2007 SUPPLEMENTAL. RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL. DEFENDANTS FB30278 |b. Kaiser Gypsum began manufacturing Cover-Tex Wall Texture in 1968, at which time chrysotile asbestos was used as ani ingredient. e Kaiser Gypsum last manufactured Cover-Tex Wall Texture with chrysotile asbestos as an ingredient in 1975. a. The product consisted primarily of casein, limestone, tale and mica. Other component ingredients included clay, titanox and dowtesin. The product included between 4.3% - 8.7% by weight chrysotile asbestos as an ingredient, depending upon the formuia in effect at a given date. e The product was a white to off-white powder. It was packaged and sold in 50 Yb. sacks. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. £ This was a dry powder which, when mixed with water, formed a paintlike product designed for hand or spray application. When dry, it produced a hard, durable surface. It was used to produce texture effects over gypsum wallboard surfaces. 5. K:Spray Ceiling Texture a. The trade names for this product included Kaiser Gypsum K-Spray Ceiling Texture, K-Spray Ceiling Texture, K-Spray Ceiling Texture Paint (Polystyrenc), K-Spray Texture Paint with mineral filler, K-Spray Texture with minerat aggregate and I(-Spray Ceiling Texture Paint (mineral aggregate). b. Kaiser Gypsum began manufacturing K-Spray Ceiling Texture in 1961, at which time chrysotile asbestos was used as an ingredient. G. Kaiser Gypsum last manufactured KSpray Ceiling Texture with chrysotile 56 KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL. RESPONSES TO PLAINTIFPS' STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 |2 28 asbestos as an ingredient in 1975. d. The product consisted primarily of sheroid, clay, vicron, talc, limestone, and mica. Other constituent ingredients included titanox, polystyrene aggregate, styrene aggregate, bentanite wyogel, titaniwn pigment, casein, monsarto KGR resin, expanded vermiculite and expanded perlite. The product included between 1.3% and 20% by weight chrysotile asbestos as an ingredient, depending upon the formula in effect at a given date. e The product was a white powder. It was packaged and sold in 32 Ib. sacks. Bach container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. i This was a dry powder which, when mixed with water, formed a palat-like product designed for spray application. When dry, it produced a hard, durable surface. It was used to produce texture effects over gypsum wallboard or interior concrete ceilings. Kaiser Gypsum’s responses to interrogatory subparts (g), (h), (i) and (j) applicable to all of the decorative texture finishes for interior walls or ceilings discussed above are as follows: & Kaiser Gypsum is unsure as fo the intended meaning of "the U.S. Government's ‘Qualified Products List," but has no knowledge that the decorative texture finishes for interior walls or ceilings it manufactured ever appeared on such a list. h. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos: Harrison & Crosfield Carmonia Chemical Co. Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) 37 1830978 1 KAISER GYPSUM COMPANY, INC.’ 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTBRROGATORIBS TO ALL DEFENDANTS27 28 Johns-Manville Union Carbide Corp, ES. Browning Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time petiods during which these firms supplied asbestos are unknown. Discovery and investigation is continuing and ongoing. i, Kalser Gypsum’s decorative texture finishes for interior walls or ceilings were not intended for any of the special uses of shipyards, power companies or refineries. Kaiser Gypsum sold decorative texture finishes for interior walls or ceilings with chrysotile asbestos as an ingredient to customers in Northern California consisting largely of building contractors or building materials dealers. Kaiser Gypsum has some retained sales invoices for some years which identify the purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold, These records are not organized by type of product (and often individual documents cover sales of multiple products). Kaiser Gypsum will make its retained sales invoices covering sales to customers in the Geographic Area available for inspection upon reasonable notice at the offices of Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. j. Kaiser Gypsum will make responsive documents sufficient to substantiate the above information available for inspection upon reasonable notice at the offices Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum regards and maintains its product formulas as confidential business information. Kaiser Gypsum is prepared to produce available formulas for products that contained small amounts of chrysotile 58 KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL. DEFENDANTS 1830978 11 2 i 4 5 6 asbestos under a confidentiality agreement. Discovery and investigation is continuing and ongoing. C. Electric Radiant Heat System Finishing Products These Kaiser Gypsum electric radiant, heat system accessory finishing products were: , 1. Filler Compound 2. Radiant Heat Joint Compound 3. Radiant Heath Scrimless Surfacing Compound 4. Radiant Heat Compound 3. Radiant Heat Surfacing Compound 6. Presmix Radiant Heat Joint Compound 7. Joint Compound (Casein Based) Radiant Heat Surfacing Compound Gypsum’s responses to intexrogatory subparts (a)-(f) for each of these products are as follows:. . 1 1, Hiller Compound a "The trade name of this product was Kaiser Gypsum Filler Compound. b. Kaiser Gypsum began manufacturing Filler Compound in 1961, at which time chrysotile asbestos was used as an ingredient. c Kaiser Gypsum Jast manufactured Filler Compound with chrysotile asbestos as an ingredient in 1972, when the product was discontinued. d. The product consisted primarily of Kaiset Gypsum accessory products with additional limestone, and mica. The product also used chrysotile asbestos as an ingredient in its formula, but the amount of asbestos called for in the formula used to manufacture the product is 39 KAISER GYPSUM COMPANY, }NC 'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFES' STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 1uncertain. Discovery and investigation is continuing and ongoing. e This product was a white to off-white powder, It was packaged and sold in sacks of 50 Ibs. Bach container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and dixections for’ ase. £ This product was a dry powder, which, when mixed with water, formed a thick paste. Upon application it dried to a hard, durable surface. It was used to cover Radiant Heating System ceiling surfaces. 2. Radi int Compound a. The trade naine of this product was Kaiser Gypsum Radiant Heat Joint Compound, b. Kaiser Gypsum began manufacturing this product in 1971, at which time chrysotile asbestos was used as an ingredient c Kaiser Gypsum last manufactured Radiant Heat Joint Compound with chrysotile asbestos as an ingredient in 1974, when the product was discontinued. d. The product consisted primarily of mica and whiting. Other component ingredients included Lincoln clay and casein. The product included 5-10% by weight chrysotile asbestos as an ingredient. e This product was a white to off-white powder. It was packaged and sold in sacks of 60 lbs. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. £ This product was a dry powder, which, when mixed with water, formed a thick paste that was used to cover radiant heating cables siapled to cciling surfaces. 60 KKAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES FO ALL DEFENDANTS 830978 13. adi eat Scrimless Surfacing Compound a. The trade name of this product was Kaiser Gypsum Radiant Heat Scrimless Surfacing Compound. b. Kaiser Gypsum began manufacturing this product in 1970, at which time chrysotile asbestos was used as an ingredient ec. Kaiser Gypsum last manufactured Radiant Heat Scrimless Surfacing Compound with chrysotile asbestos as an ingredient in 1974, when the product was discontinued. d, The product consisted primarily of mica and whiting. Other component ingredients included Lincoln clay and casein. The product included 5% by weight chrysotile asbestos as an ingredient. & This product was a greenish powder. It was packaged and sold in sacks of 25 1b. and 50 Ib. sacks. Each container was labeled with the name of the manufacturer, Kaiser Gypsum Company, lue., the name of the product, and directions for its use. £ This product was a dry powder, which, when mixed with water, formed a thick paste that was used to cover radiant heating cables embedded in ceiling surfaces. 4, Radiant Heat Compoun a. The trade name of this product was Kaiser Gypsum Radiant Heat Compound. b. Kaiser Gypsum began manufacturing this product in 1968, at which time chrysotile asbestos was used as an ingredient e Kaiser Gypsum last manufactured Radiant Heat Compound with chrysotile asbestos as an ingredient in 1974, when the product was discontinued. d. The product consisted primarily of sand, porfland cement, clay and perlite. 61 KAISER GYPSUM COMPANY, INC.‘S 2007 SUPPLEMENTAL. RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 1The product included 3.35-3.7% by weight chrysotile asbestos as an ingredient. 8. This product was a white to off-white powder. It was packaged and sold in sacks of 60 lb. sacks. Bach container was labeled with the name of the manufacturer, Kaiser Gypstun Company, Inc., the name of the product, and directions for its use. fh This product was a ay powder, ‘which, when mixed with water, formed a thick paste that was used to cover radiant heating cables embedded in ceiling surfaces. 3. adiant a ‘The trade name of this product was Kaiser Gypsum Radiant Heat Surfacing Compound. b. Kaiser Gypsum began manufacturing this product in 1968, at which time chrysotile asbestos was used as an ingredient c. Kaiser Gypsum last manufactured Radiant Heat Surfacing Compound with chiysotile asbestos as an ingredient.in 1974, when the product was discontinued. a. The product consisted primarily of silica, mica, clay and casein. The product included 5% by weight chrysotile asbestos as an ingredient. & This product was a greenish powder. It was packaged and sold in sacks of 25 Ibs, Each container was labeled with the name of the manufacturer, Kaiser Gypsum Company, Inc., the name of the product, and directions for its use. £ This product was a dry powder, which, when mixed with water, formed a thick paste that was used to cover radiant heating cables embedded in ceiling surfaces, 6. Pre-mix Radiant Heat Joint Compound a. The trade name of this product was Kaiser Gypsum Pre-mix Radiant Heat 62 KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL. DEFENDANTS 1830978 FJoint Compound. b. Kaiser Gypsum began manufacturing this product in 1972, at which time chrysotile asbestos was used as an ingredient G The date Kaiser Gypsum last manufactured Pre-mix Radiant Heat Joint Compound with chrysotile asbestos as an ingredient is unknown. a. The product consisted primarily of mica, clay, water and whiting, The product included 5.86% by weight chrysotile asbestos as an ingredient. e How this product was packaged is unknown. Each container was labeled with the name of the manufacturer, Kaiser Gypsum Company, Inc., the name of the product, and directions for its use. £ This product was used to cover radiant heating cables embedded in ceiling surfaces. 7 a ‘The trade name of this product was Kaiser Gypsum Joint Compound (Casein Based) Radiant Heat Surfacing Compound. b Kaiser Gypsum began manufacturing this product in 1968, at which time chrysotile asbestos was used as an ingredient c. The date Kaiser Gypsum last manufactured this product is unknown. d. ‘The product consisted primarily of limestone, mica and clay. The product included 10-13% by weight chrysotile asbestos as an ingredient. a How this product was packaged is unknown, Each container was labeled with the name of the manufacturer, Kaiser Gypsum Company, Inc., the name of the product, and 63 KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL RESPONSES TO. PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 0directions for its use. i. ‘This product was a dry powder, which, when mixed with water, formed a thick paste that wns used to cover radiant heating cables embedded in ceiling surfaces. Kaiser Gypsum's responses to interrogatory subparts (g), (h), (i) and (j) applicable to all of the seven radiant heat system finishing products discussed above are as follows: & Kalser Gypsum is unsure as to the intended meaning of "the U.S. Government's ‘Qualified Products List," but has no knowledge that the tadiant heat system finishing products it manufactured ever appeared on such a list. h. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos: Harison & Crosfield Carmonia Chemical Co. Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) Johns-Manville Union Carbide Corp. ES. Browning Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time periods during which these firms supplied asbestos are unknown. Discovery and investigation is continuing and ongoing. i. Kaiser Gypsum's radiant heat system finishing products were not intended for any of the special uses of shipyards, power companies or refineries. Kaiser Gypsum sold radiant heat system finishing products with chrysotile asbestos as an ingredient to customers in Northern 6a KAISER GYPSUM COMPANY, ING 'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIPES' STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 127 28 Califomia consisting largely of building contractors or building materials dealers. Kaiser Gypsum has some retained sales invoices for some years which identify the purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These records are not organized by type of product (and often individual documents cover sales of multiple products). Kaiser Gypsum will make its retained sales invoices covering sales to customers in the Geographic Area available for inspection upon reasonable notice at the offices of Hassard Bonnington LLP, Two Bmbareadero Center, Suite 1800, San Francisco, California 94111. 3 Kaiser Gypsum will make responsive documents sufficient to substantiate the above information available for inspection upon reasonable notice at the offices Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum regards and maintains its product formulas as confidential business information. Kaisex Gypsum is prepared to produce available formulas for products that contained small amounts of chrysotile asbestos under a confidentiality agreement. Discovery and investigation is continuing and ongoing. D. Gypsum Wallboard Accessories For Exterior Use The Kaiser Gypsum accessories for exterior use were: 1 X-Tertor Premix Prefill Compound 2. X-Terlor Premix Wall Texture Compound Kaiser Gypsum’s responses to interrogatory subparts (a)-(f) for each of these products are as follows: L X-Terk ix Prefill Compound a The trade name of this product was Kaiser Gypsum X-Tesior Premix Prefill 65 KAISER GYPSUM COMPANY, INC'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 1Compound. b. & c. Kaiser Gypsum began marketing this product in 1974 and ceased marketing this product during 1975, Chrysotile asbestos was used as an ingredient for the period during which this product was manufactured. d. Kaiser Gypsum X-Terior Prermix Prefill Compound was made primarily of raw gypsum, PVA emulsion, mica and water. The product included 1.6% by weight chrysotile asbestos as an ingyedient. e. This product was a white to off-white paste. It was packaged and sold ix metal cans and plastic buckets of 60 Ibs., and in cartons of 48 and 60 lbs. Each container was labeled with the name Kaiser Gypsum Company, Inc., the product name, and directions for use. f. This product was a paste that was used to pre-fill joints in gypsum wallboard installed on building exteriors. 2, ‘ KeTerior Premix Wall Texture a The trade name of this product was Kaiser Gypsum X-Terior Premix Wall Texture. b, & o. Kaiser Gypsum began marketing this product in 1974 and ceased marketing this product during 1975. Chrysotile asbestos was used as an ingredient for the period during which this product was manufactured. d. The product consisted primarily of limestone, acrylic emulsion, water and mica. The product included 1.66-1.74% by weight chrysotile asbestos as an ingredient. e The product was a white to off-white paste. It was packaged and sold in $8 1b. metal cans, plastic buckets and cartons. Bach container was labeled with the name Kaiser Gypsum 66 KAISER GYPSUM COMPANY, INC.'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 1Company, Inc., the product name, and directions for use. £ This product was a white to off-white paste that was used to provide surface texture-to gypsum wallboard on building exteriors. Kaiser Gypsum’s responses to interrogatory subparts (g), (2), G) and @j) applicable to the two exterior finishing products discussed above are as follows: Keiser Gypsum's responses to interrogatory subparts (g), (h), @) and G) applicable to all of the gypsum wallboard accessories for exterior use discussed above ate as follows: Kaiser Gypsum is unsure as to the intended meaning of he US. Government's ‘Qualified Products List,” but has no knowledge that the gypsum wallboard accessories for exterior use it manufactured ever appeared on such a list. h Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos: Harrison & Crosfield Carmonia Chemical Co. , Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) Johns-Manville Union Carbide Corp. E.S. Browning Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time periods during which these firms supplied asbestos are unknown. Discovery and investigation is continuing and ongoing. i. Kaiser Gypsum's gypsum wallboard accessories for exterior use were not 67 KAISER GYPSUM COMPANY, INC'S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 11 || intended for any of the special uses of shipyards, power companies or refineries. Kaiser Gypsum 2 || sold gypsiim wallboard accessories for exterior use with chrysotile asbestos as an ingredient to customers in Northern California consisting largely of building contvactors or building materials 4 dealers. 5 . : 6 Kaiser Gypsum has some retained sales invoices for some years which identify the parchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These g |lrecords are not organized by type of product (and often individual documents cover sales of multiple 9 |I products), Kaiser Gypsum will make its retained sales invoices covering sales to customers in the Geographic Area available for inspection upon reasonable notice at the offices of Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. , i Kaiser Gypsum will make responsive documents sufficient to substantiate the above information available for inspection upon reasonable notice at the offices Hassard Bonnington 15 || LLP, Two Einbarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum 16 || regards and maintains iis product formulas as confidential business information. Kaiser Gypsum is 17 |] prepared to produce available formulas for products that contained small amounts of chrysotile asbestos under a confidentiality agreement, Discovery and investigation is continuing and ongoing. EB ize-Rated Mi iberbo: iters* ies, Inc. 22 Deslen 23 Fire code officials required that under certain circumstances the systems using building 24 || ceiling tiles must be able to resist fire for at least 2 hours. Kaiser Gypsum discovered that if small 25 |! amounts of asbestos were added, the mineral fiber ceiling tiles and lay-in boards could be made to 26 68 27 KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL RESPONSES TO 28 PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830078 F27 28 hold their shape for 2 hours under the conditions of fire tests conducted by Underwriters’ Laboratories. Those versions of the products received the desired 2-hour fire resistance classification. Kaiser Gypsum manufactured varieties of mineral fiberboard that did not obtain the 2-hour fire rating. These products did not contain chrysotile asbestos. Kaiser Gypsum’s responses to interrogatory subparts a.-j. are as follows: a The trade name of this product was Kaiser Mineral Fiberboard - U.L, Fire- Rated (Underwriters’ Laboratories, Inc. Design). The product was cut into ceiling tiles and lay-in boards for use in suspended ceilings. It was used for acoustical.ceiling tile and suspended lay-in board in circumstances where a 2-hour fire resistance classification was specified. Both the ceiling tiles and the lay-in boards were sold under the trade name “Kaiser Minera] Fiberboard-U.L. Fire- Rated (Underwriters’ Laboratories, Inc. Design).” b. The date Kaiser Gypsum began manufacturing Mineral Fiberboard-U.L Fire- Rated with chrysotile asbestos as an ingredient is currently unknown. c. Kaiser Gypsum last manufactured Mineral Fiberboard-U.L. Fire-Rated with chrysotile asbestos as an ingredient in 1974, when the 2-hour fire-rated product was discontinued. a. Kaiser Mineral Fiberboard U.L. Fire-Rated (underwriters Laboratories, Inc. Design) was made primarily of mineral fiber, clay, starch and pulp. This product included 1.6% - 3.5% by weight chrysotile asbestos as an ingredient. & This product consisted of ceiling tiles and lay-in boards with face side white or colored, and with a perforated or fissured design for acoustical treatment. The tiles were 5/8” by 12” by 12,” The lay-in boards came in various sizes, the most common being %” or 5/8” by 24” by 24” and 14” or 5/8” by 24” by 48.” They were packaged and sold in boxes of various quantities. The 6 KAISER GYPSUM COMPANY, INC.’S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 1830978 127 28 boxes contained the name Kaiser Gypsum Company, Inc,, and the product name. Kaiser Gypsum’s 2-heur fire-rated cefling tiles and suspended ceiling Jay-in board were required to be specially marked because they jooked similar to other Kaiser Gypsum mineral fiberboard coiling tiles and lay- in boards (that did not contain asbestos as an ingredient) and building inspectors wanted to be able to check to make sure that products with a 2-hour fire resistance classification actually were being used by the building contractor when those had been specified. It is believed that 2-hour fire-rated ceiling tile and suspended ceiling lay-in board wore stamped on the back with either the initial “IQ” or the word “Kaiser Gypsum.” It is believed that this marking was employed during the entire period that the 2-hour fire-rated products were manufactured by Kaiser Gypsum. £ ‘This product was used for acoustical ceiling tile and suspended lay-in board in circumstances where a 2-hour fire resistance classification was specified. g. Kaiser Gypsum is unsure as to the intended meaning of "the U.S. Government's ‘Qualified Products List,” but has no knowledge that the two hour fire-rated mineral fiberboard, Underwriters Laboratories, Inc. design it manufactured ever appeared on such a list. h. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos to its St, Helens’ Plant: Loomis Chemical Co. Benson Chemical Co. Current addresses, if any, are not known to Kaiser Gypsum. Most of the specific time petiods during which these firms supplied asbestos are unlnown. i, Kaiser Gypsum's two hour fire-rated mineral fiberboard, Underwriters Laboratories, Inc. design were not intended for any of the special uses of shipyards, power 70 KAISER GYPSUM COMPANY, INC °S 2007 SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL. DEFENDANTS 4830978 1companies or refineries. Kaiser Gypsum sold two hour fire-rated mineral fiberboard, Underwriters Laboratories, Inc. design with chrysotile asbestos as an ingredient to customers in Norther California consisting largely of building contractors or building materials dealers. Kaiser Gypsum has sore retained sales invoices for some years which identify the purchasers of Kaiser Gypsum products, the dates of sale and the amount of each product sold. These records are not organized by type of product (and often individual documents cover sales of multiple products). Kaiser Gypsum will meke its retained sales invoices covering sales to customers in the Geographic Area available for inspection upon reasonable notice at the offices of Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. i ‘Kaiser Gypsum will make responsive documents sufficient to substantiate the above information available for inspection upon reasonable notice at the offices Hassard Bonnington LLP, Two Embarcadero Center, Suite 1800, San Francisco, California 94111. Kaiser Gypsum. regards and maintains its product formulas as confidential business information. Kaiser Gypsum is prepared to produce available formulas for products that contained small amounts of chrysotile asbestos under a confidentiality agreement. Discovery and investigation is continuing and ongoing. FR -A-Fire Type oard This past of Kaiser Gypsum’s response, though not directly called for by the subject interrogatories, is being made in light of earlier versions of Kaiser Gypsum’s responses to standard interrogatories and evolving knowledge, in the context of historical regulatory uncertainties about whether vermiculite ore used as an ingredient in some Kaiser Gypsum Null-A-Fire Type-X Gypsum, Wallboard products was contaminated in a way that caused certain workers to be exposed to n KAISER GYPSUM COMPANY, INC 'S 2007 SUPPLEMENTAL. RESPONSES TO PLAINTIFFS’ STANDARD INTERROGATORIES TO ALL DEFENDANTS 3830978 1airborne “asbestos.” Kaiser Gypsum’s position is that no Kaiser Gypsum Null-A-Fire Type-X Gypsum Wallboard using vermiculite ore as an ingredient could have been a substantial contributing factor to disease. As background, in 1954, Kaiser Gypsum introduced Null-A-Fire brand wallboard, a 5/8” thick gypsum wallboard that was approved by the Uniform Building Code and listed by Underwriters Laboratories, Ync. for a one-hour fire rating. Wallboard products that were fire-rated were labeled'as “Type X” to distinguish them from ordinary gypsum wallboard. products that had not passed fire-rating tests, When introduced in 1954, the primary component of Kaiser Gypsum’s Null-A-Fire wallboard was gypsum. Kaiser Gypsum found that, by adding small proportions of glass fiber and expanded perlite, a board could be constructed that would resist the heat of the fire test for the required one-hour period. Expanded perlite is a very light mineral, white in color, that looks like puffed breakfast cercal. Kaiser Gypsum continued to market its Null-A-Fire Type X Gypsum Wallboard products that contained expanded perlite for more than a decade following their introduction in 1954. In 1965, Kaiser Gypsum began developing wallboard products that contained raw vermiculite. Once fire-rated and approved in approximately 1968, Kaiser Gypsum began marketing gypsum wallboard containing raw vermiculite under its Null-A-Fire brand. It continued to market such products until April 1978. Like other wallboard products, Null-A-Fire wallboards consisted primarily of gypsum. plaster. The formulas varied o