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

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                                GEORGE D. YARON, ESQ. (State Bar #96246)
KEITH E. PATTERSON, ESQ. (State Bar #225753)

ELECTRONIC.

2 || MICHAEL J. PENG, ESQ. ae Bar #260852)
YARON & ASSOCIATES
3 | 601 California Street, 21" Floor
San Francisco, California 94108
4 || Telephone: (415) 658-2929
Facsimile: (415) 658-2930
5
Attorneys for Defendant BY: CHRISTLE ar
6 | 84 LUMBER COMPANY p
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 | JOYCE JUELCH and NORMAN JUELCH, SR.,) CASE NO. CGC-09-275212
)
12 Plaintiffs, ) EXHIBIT F CONTINUED THROUGH
) 11 FO DECLARATION OF MICHAEL J,
13 v. ) PENG IN SUPPORT OF 84 LUMBER
) COMPANY’S MOTION FOR
14) ASBESTOS DEFENDANTS (BP) As) SUMMARY JUDGMENT, OR, IN THE
Reflected on Exhibits B, B-1, C; and DOES 1-) ALTERNATIVE, SUMMARY
15 } 8500; and SEE ATTACHED LIST, ) ADJUDICATION OF ISSUES
)
16 ) Hearing Date: March 18, 2010
Defendants. ) Hearing Time: 9:30 am.
17 ) Depart. No.: 220
) Hearing Judge: Hon, Harold E.
18 y Kahn
d
19 ) Date Action Filed: © May 20, 2009
Date Set For Trial: — April 5, 2010
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27

LLY—

through the process because she stated before that there

2 were different methods.
3 FHE WITNESS: ————Yes—_He sandedthe second one te——_{
4 make it smooth. The second coating on there, you would
5 sand it to make it smooth.
6 MR. BRAYTON: You've answered the question more
7 than once.
8 BY MR. PAN:
9 Q. For one panel of sheetrock, how long would it
10 take you to sand the seams for one panel?
11 A. I'm not certain how long it took.
12 Qa. Could you give an estimate of how many times
13 you used more than two coats -- strike that.
14 Did you at any point put on more than two coats
15 of Hamilton joint compound?
16 A. Yes.
17 MR. BRAYTON: Asked and answered.
18 BY MR. PAN:
19 Qa How often would you put more than two coats?
20 A. | can't remember how many times.
21 Q. Would you say it was more often than not you
22 put on two versus three?
23 A. Yes.
24 Qa. And who usually dig-the application of the
25 Hamilton joint compound?

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09852
1 A. My husband and | both done it.
2 Qa. Would you say one of you did it more than the
4 MR. BRAYTON: Asked and answered. You asked
5 her these questions a few minutes ago, and she said they
6 did it equally.
7 THE WITNESS: Basically, yes. He would do his
8 part and !'d do mine, and we'd be doing it at the same
9 time. | would say it would be equal.
10 BY MR. PAN:
1 Qa. Wouid the sanding portion of it also be equal?
12 A. That's correct.
13 Q. Did you wear a mask during any of the
14 application or sanding?
15 A. No.
16 Q Did your husband wear a mask?
17 A. No.
18 Q Was there -- strike that.
19 Were there any times where your husband at the
20 time was doing sanding in a room and you were doing
21 something else not related to sheetrock?
22 A. Not that | can recail.
23 Q. Prior to this project on Adelbert Street, did
24 you have any other prior experience with applying or
25 sanding joint compounds?

Aiken Welch Court Reporters J. Jueich, V.6 11-20-09| had -- | had a pair of old shoes that | used to wear

at the hospital. They were old, so | couldn't wear them

906

; at the hospital. They had a lot of traction to them, so
| wore them.
Q. Do you believe you were exposed to asbestos
while you were building this house?
MR. BRAYTON: Lacks foundation, calls for
expert opinion.
THE WITNESS: | don't really know.
BY MR. PATTERSON:
Q. Now, other than the times that we've talked
about with respect to this house that you built with
Mr. Chambers, did you ever work with any other products

or materials purchased at an 84 Lumber store during your

lifetime?

A. Yes.

Qa. When was that?
A. I'm not sure exactly when it was that I've been
in the store. I've been in the store prior to, you
know, starting building on this house.
Q. After you built the house, were you ever in the
store to purchase any products?
oA ves
—Q___Doyouknowwhatyoupurchased?
»_A,____We purchased some nails. | purchased atoilet_

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09—

907

roll holder. | purchased a new - a different kind of

2 lid for the toilet seat.
3} @ Anything ets @?@
4 A. [can't think of anything else.
5 --Q. Was this in the 1970s or the 1980s?
6 A. It would be -- it would be in the 1980s, |
7 believe. I'll take that back. |t would be in the
8 1970s.
9; . Q@ The early, middle or late 1970s?
10 A. Later part of the '70s.
11 Q. You said that you were in the store prior to
12 the time you built this house; is that correct?
13 A. Yes.
14 Q. Why’ were you in the store then?
15 A. I got some lawn seed. That's what] bought,
16 some lawn seed.
7; Qa Anything else?
18 A. | can't recall at this time.
19 Q. Other than the building of the house and the
20 times we just talked about pre-building of the house and
21 post-living in the house, do you have any information or
22 knowledge that you worked with or around any products
23 that were purchased at an 84 Lumber store throughout
24 your life?
25 A. { did not live here in California for several

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09years,
MR. BRAYTON: Just answer the question. Do you

908

other than for things you've already talked about?

THE WITNESS: | don't think so.
Q. Do you have any information or knowledge as to
any witnesses who possess any information about your

work with or around products purchased at an 84 Lumber

store?
MR. BRAYTON: Other than Mr. Chambers.
THE WITNESS: Probably his -- his sister-in-law

and brother.
BY MR. PATTERSON:

Q. Would Mr. Chambers have that information as
well?
MR. BRAYTON: Information as to where those
people are?

BY MR. PATTERSON:

Q Would Mr. Chambers have information or
knowledge as to your work with or around products
purchased at an 84 Lumber store?

A. It's a possibility, yes.

Q. You said -- who else did you say?

A. His wife -- his brother's wife.

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09——3-_ EXAMINATION BY-MR_ PATTERSON:

ona rt Oo oO

A. It was -- | believe it was an even number.

MR. HOLMAN: Thank you.

912

Q. That house on Adelbert that you built, did it

have a fireplace?

__ A Yes, it did.

Q. Did you install the fireplace?
A No, we didn't.

fee
Q. Who installed the fireplace?

A. | don't know the gentleman's name. He lived

down the road from where we lived at.

Qa. Was it installed during the time period it was
being built?
A. Yes.
MR. PATTERSON: Thank you.

EXAMINATION BY MR. PAN:

Q. And how far away was this new construction on
Adelbert from the house you were living at at 1982?
MR. BRAYTON: Asked and answered. She said
_aboutfive blocks
THE WITNESS: It's about five city blocks.

EXAMINATION BY MR. HOLMAN:
Qa. Ma'am, | don't want to belabor the point, but |

would like to at some point locate this home possibly,

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09“s

so let me ask you a question.

913

2 The home's in Stockton, correct?
3 Ae Yes:
4 Qa. Would | go up the 5? Is there an exit off the
5 5 to get to the home, or what freeway do | need to take?
6 A. Actually, the better freeway is 99.
TL 99m
8 A. If you were coming...
9 Q. Let me try, and then you can help me.
10 if | come up through the Bay Area and go
11 through Tracy and | go north on the 99, is there an exit
12 | would take?
13 A. Yes. You would take Fremont.
44 Qa. Fremont.
15 Would | go left or right off the freeway?
16 A. You would go right.
7 Qa Then how far --
18 MR. BRAYTON: If | could suggest, if you put
19 the intersection into a search engine, you'll get the
20 directions.
21 MR. PATTERSON: Not necessarily.
22 MR. HOLMAN: It really isn't that easy, Gary.
23 | have tried that. So I'd rather just get it from
24 Mrs. Juelch.
25 MR. BRAYTON: Go ahead.

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09915

1 A. Of Washington and Adelbert. | don't believe
2 it's still there. | believe they built another house.
3 a Gary's-going to-prove-a point to-me-here-
4 So they may have knocked down the building
5 entirely?
6 A. Yeah. That's what | heard. Whether it's true
7 or not, | don't know. That's just what | heard.
8 Q. Mr. Chambers is living where now?
9 MR. BRAYTON: Asked and answered.
10 MR. HOLMAN: Has it? | won't ask it again.
11 MR. BRAYTON: She hasn't seen him in 30 years.
12 EXAMINATION BY MR. PATTERSON:
13 Qa {just want to clarify this. I'm still
14 confused.
15 This is the only house that you performed
16 remodel work on, correct?
17 MR. BRAYTON: Other than this house, which is
18 circa 2006.
19 BY MR. PATTERSON:
20 Q. Excluding this house -- let me ask it again.
21 The Adelbert Street house, is that the only
22 house that you did any construction or remodel work on
23 other than the current house which you're living in?
24 A. No. {believe that | said that there was one
25 other house when we first cri

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09~ 916

doors in it, We didn't put no sheetrock or anything

2 like that in it, itwas just we had to put some new
3 doors therebutthe -house-on—the other house thatwe
4 built is the only one.
5 Q. Both of these houses were on Adelbert?
6 A. Yes.
7 Q. That's why | was confused.
8 A. It's confusing the way that it’s laid out.
9 Q. Any work that you did on this house was
10 performed when, this current house we're sitting in
1 right now?
12 A. We haven't done very much.
13 MR. BRAYTON: They bought the house in 2006.
14 BY MR. PATTERSON:
15 Qa. You bought the house in 2006.
16 Any work you did on this house would have been
17 post-2006?
18 A. Yes.
19 Q. Did you do any home remodel or building of
20 houses or anything like that for any friends or family ’
21 or anyone else?
22 A. No.
23 MR. PATTERSON: Thank you.
24 EXAMINATION BY MR. PAN:
25 Q. Moving on, | represent several companies and

Aiken Welch Court Reporters J. Jueich, V.6 11-20-09occurred in September.

MR. PATTERSON: | know, but we didn't get a

963

Vil just reserve my right to perform a
cross-examination of her.

MR. BRAYTON: You can reserve whatever rights
you think you have.

MR. PATTERSON: I'll reserve my right to do a
formal examination.

MR. HOLMAN: | think we'll all join unless
somebody would like to opt out.

MR. PATTERSON: With that caveat, your
deposition is concluded.

Total time to date: 22 hours, 54 minutes.

(Whereupon, the deposition was concluded at

4:01 p.m.)

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09~

SIGNATURE OF DEPONENT

964

| the undersigned, JOYCE JUELCH, do hereby

oOo ON DOD Oo & BW NN

10

certify that | have read the foregoing deposition and
find it to be a true and accurate transcription of my

testimony, with the following corrections, if any:

PAGE LINE CHANGE

JOYCE JUELCH Date

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09STATE OF CALIFORNIA  }

965

2 )
34—_ COUNTY OF ALAMEDA)
4
5 1, SANDRA M. LEE, do hereby certify:
6 That JOYCE JUELCH, in the foregoing deposition
7 named, was present and by me sworn as a witness in the
8 above-entitied action at the time and place therein
9 specified;
10 That said deposition was taken before me at said
Wi time and place, and was taken down in shorthand by me, a
12 Certified Shorthand Reporter of the State of California,
13 and was thereafter transcribed into typewriting, and
14 that the foregoing transcript constitutes a full, true
15 and correct report of said deposition and of the
16 proceedings that took place;
17 IN WITNESS WHEREOF, | have hereunder subscribed
18 my hand this 15th day of December 2009.
19
20
21
22
23
SANDRA M. LEE, CSR No. 9971
24 State of California
25

Aiken Welch Court Reporters J. Juelch, V.6 11-20-09EXHIBIT GSUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF SAN FRANCISCO

3

4 wee eee eee eee eee

5 JOYCE JUELCH, et al., )

6 Plaintiffs, )

7 vs. ) No. 275212
8 ASBESTOS DEFENDANTS, et al., )

9 Defendants. )

0 -HHe eee eee eee eee ee

1

2

3 Deposition of JOHN CHAMBERS, taken at
4 2323 Grand Canal Boulevard, Stockton,
5 California, commencing at 9:31 a.m.,
6 Tuesday, January 12, 2010, before

7 Amanda J. Dunn, CSR No. 13336.

8

19

20

21

22

23

24

25 PAGES 1 - 168

Veritext National Deposition & Litigation Services
866 299-5127APPEARANCES OF COUNSEL:

2

3 FOR THE PLAINTIFFS:

4

5 BRAYTON PURCELL

6 BY: GARY BRAYTON, ESQ.

7 222 Rush Landing

8 Novato, California 94945

9 415.898.1555

10 gbrayton@braytonlaw.com

1

2

3 FOR THE DEFENDANT KAISER GYPSUM:
4

5 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
16 BY: JOHN A. HOLMAN, ESQ.

7 One Sansome Street

8 Suite 1400

3 San Francisco, California 94104
20 415.362.2580
21 holman@lbbslaw.com
22
23
24
25

Veritext National Deposition & Litigation Services
866 299-5127APPEARANCES OF COUNSEL: (Continued)

FOR THE DEFENDANT 84 LUMBER COMPANY:

YARON & ASSOCIATES
BY: MICHAEL J. PENG, ESQ.
601 California Street

21st Floor

San Francisco, California 94108-2281

415.658.2929

mpeng@yaronlaw.com

FOR THE DEFENDANT TIMEC COMPANY, INC.:

SINUNU BRUNI, LLP

BY: ROB W. LAWTON, ESQ.

333 Pine Street

Suite 400

San Francisco, California 94104
415.362.9700

rlawton@sinunubruni.com

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866 299-51271 APPEARANCES OF COUNSEL: (Continued)

2

3 FOR THE DEFENDANT DOUGLASS INSULATION COMPANY,
4 INC.:

5

6 SELMAN BREITMAN, LLP

7 BY: SARAH G. THOMAS, ESQ.

8 33 New Montgomery

9 Sixth Floor

10 San Francisco, California 94105-4537
1 415.979.0400

12 sthomas@selmanbreitman.com

3

4

5 FOR THE DEFENDANT UNION CARBIDE CORPORATION:
6

7 BRYDON, HUGO & PARKER

8 BY: KEN L. HOANG, ESQ,

9 135 Main Street

20 20th Floor

21 San Francisco, California 94105

22 415.808.0300
23 khoang@bhplaw.com

24

25

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APPEARANCES OF COUNSEL: (Continued)

2

3 FOR THE DEFENDANTS THOMAS DEE ENGINEERING COMPANY;
4 OSCAR E. ERICKSON, INCORPORATED; QUINTEC

5 INDUSTRIES, INCORPORATED; AND HAMILTON MATERIALS
6 INCORPORATED:

7

8 WALSWORTH, FRANKLIN, BEVINS & MCCALL, LLP

9 BY: DAVID KESTENBAUM, ESQ. (Telephonically)
0 601 Montgomery Street

1 9th Floor

2 San Francisco, California 94111-2612

13 415.781.7072

4 dkestenbaum@wfbm.com

5

16

7 FOR THE DEFENDANT PG&E:

8

19 LAW OFFICES OF LUCINDA STORM

20 BY: KEN HOLLENBECK, ESQ. {Telephonically)
21 610 3rd Street

22 Suite A
23 San Francisco, California 94107-1218
24 415.777.6990
25 khollenbeck@storm-law.com

Veritext National Deposition & Litigation Services
866 299-5127APPEARANCES OF COUNSEL: (Continued)

FOR THE DILLINGHAM CONSTRUCTION:

24

25

BECHERER, KANNETT & SCHWEITZER

BY: ROBIN D. HART, ESQ. (Telephonically)

The Water Tower

1255 Powell Street
Emeryville, California 94608
510.658.3600

rhart@bkscal.com

FOR THE DEFENDANT REDWOOD MECHANICAL:

BISHOP, BARRY, HOWE, HANEY & RYDER

BY: MARGARET BAKER, ESQ. (Telephonically)

Watergate Tower III

2000 Powell Street

Suite 1425

Emeryville, California 94608
510.596.0888

mrgtbkr@aol.com

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APPEARANCES OF COUNSEL: (Continued)

3 FOR THE DEFENDANT SANTA FE BRAUN, INC.:

4

5 MORGAN, LEWIS & BOCKIUS, LLP

6 BY: GRAHAM C. MILLS, ESQ. (Telephonically)
7 One Market

8 Spear Street Tower

9 San Francisco, California 94105-1596

0 415.442.1209

1 gmills@morganlewis.com

12

3

4 FOR THE DEFENDANT CONSOLIDATED INSULATION, INC.:
15

6 PRINDLE, AMARO, GOETZ, HILLYARD, BARNES &

7 REINHOLTZ

18 BY: MICHELLE GOLDEN, ESQ. (Telephonically)
9 369 Pine Street

20 Suite 800

21 San Francisco, California 94104

22 415.788.8354

23 mgolden@prindlelaw.com

24

25

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APPEARANCES OF COUNSEL: (Continued)

2

3 FOR THE DEFENDANT TOSCO REFINERY COMPANY, INC.:
4

5 FILICE, BROWN, EASSA & MCLEOD, LLP

6 BY: AMBER KELLY, ESQ. {Telephonically)
7 Lake Merritt Plaza

8 1999 Harrison Street

9 18th Floor

0 Oakland, California 94612-0850

1 510.444.3131

2 akeliy@filicebrown.com

3

4

15 FOR THE DEFENDANT UNION OIL COMPANY:

6

7 FILICE, BROWN, EASSA & MCLEOD, LLP

8 BY: JENNIFER WALKER, ESQ. (Telephonically)
19 Lake Merritt Plaza

20 1999 Harrison Street

21 18th Floor

22 Oakland, California 94612-0850

23 510.444.3131

24 jwalker@filicebrown.com

25

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APPEARANCES OF COUNSEL: (Continued)

FOR THE DEFENDANT SEQUOTA VENTURES, INC. :

24

25

HASSARD BONNINGTON, LLP

BY: JEFFREY A. HURWITZ, ESQ. {Telephonically)

Two Embarcadero Center

18th Floor

San Francisco, California 94111
415.288.9800

jah@hassard.com

FOR THE DEFENDANT J.T. THORPE, INC.:

BASSI, EDLIN, HUIE & BLUM

BY: JONATHAN MBEISLIN, ESQ. (Telephonically)

351 California Street

Suite 200

San Francisco, California 94104
415.397.9006

jmeislin@behblaw.com

Veritext National Deposition & Litigation Services
866 299-5127APPEARANCES OF COUNSEL: (Continued)

FOR THE DEFENDANT METALCLAD INSULATION CORPORATION:

10

MCKENNA, LONG & ALDRIDGE

BY: ALECIA COTTON, ESQ. (Telephonically)
101 California Street

Floor 41

San Francisco, California 94111-5886
415.267.4000

acotton@mckennalong.com

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1 Tuesday, January 12, 2010; Stockton, California
2 9:31 a.m.

3 -- 9000 ~-

4

5 JOHN CHAMBERS,

6 the witness, having been administered an oath by the
7 Court Reporter, testified as follows:

8

9 EXAMINATION BY MR. PENG

0 BY MR. PENG:

1 QO. Six, could you state and spell your name for
2 the record.

3 A. Say what?

4 Q. Please state and spell your name for the

5 record.

6 A. John Chambers. J-O-H-N. Chambers,

7 C-H-A-M-B-E-R-S.

8 Q. Thank you. My name is Michael Peng. I'll be
19 taking lead at your deposition today.

20 (Ms. Kelly joined the conference call.

21 (Discussion off the record.)

22 BY MR. PENG:

23 Q. Sir, have you ever had your deposition taken
24 before?

25 A. Yes.

Veritext Nationa] Deposition & Litigation Services
866 299-512738

1 Adelbert, she helped you perform -- tear out the wall

2 and put a new one up?

3 A. The ceilings down and the kitchen wall, I

4 believe it was.

5 Q. Okay. And then at Middlefield, what kind of

6 work did you do there?

7 A. I put in central air. And we cut out the holes
8 for the Sheetrock there, I believe. And then the

9 kitchen -- we remodeled the kitchen on that one also.

0 There was a little Sheetrock work there. Not much.

1 I presume you're looking for Sheetrock work.

2 Q. And did Joyce help you --

3 A. Yeah.

14 Q. -- with that project?

5 I just want to get an overview of the work you
6 did.

7 And then at Yarmouth, you didn't do any

8 construction --

9 A. No.

20 Q. -- work or repair like that?

21 Okay. And how about home construction? Is the
22 only home that you built with her -- or did you ever

23 build a home with Joyce?

24 A. Yeah. One at 251 South Adelbert.

25

Q. And when was that? \

Veritext National Deposition & Litigation Services
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1 A. That was '77, '78, '79.

2 Q. And did she help you build that house?

3 A Yes.

4 Q. Did anybody else help you?

5 A. Yeah, I -- I subbed out the tape and texturing.
6 I had her foster brother help me some on that house.

7 His name's Danny Gibson.

8 Q. Do you know where Danny Gibson is today?

9 A. No, I don't.

10 Q. How old is he approximately? Could you say how
1 old he would be today?

2 A. 55, 58, somewhere in there. I'm not sure.

3 Q. Okay. So that was -- you subbed out the taping
4 and texturing --

3 A. Mmm-hmm.

6 Q. -- and what did Danny Gibson help do?

7 A. He helped me put up the rafters and the

8 framing, siding.

9 Q. Did you sub out any other work for the house?
20 A. No.

al Q. Did you have any other friends help you out -~-
22 or family members?

23 A. I had someone help me on pouring cement on

24 the -- I had a cement contractor help me with a slab on
25 that house. I don’t remember his name now.

Veritext National Deposition & Litigation Services
866 299-51271 Q. How long did he help you for?

2 A. That was just for a weekend or so.

3 Q Okay.

4 A. Maybe a couple weekends he hauled it off. And
5 did it all by hand.

6 QO. And the contractors, the cement contractors,

7 those three people, how long were they helping you for?
8 A. Just that one day.

9 Q. Do you know what time period that was?

0 A. No. It had to have been in '77 -- I'm sure --
1 sometime. I believe one of them's name was Cox, but I
12 can't remember the other two guys.

3 Q. Okay. Do you remember discussing any work that
4 you had subcontracted out with anybody else?

5 A. No.

6 Q. Okay. Let's focus on the house at 251 South

7 Adelbert --

18 A. Mmm-hmm.

9 Q. -- the first one that you constructed.
20 First of all, how did you know how to build a
21 house?

22 A. My dad had some rentals, and I had some
23 rentals. And I'm always having to work on them, so --
24 Q. Okay.
25 A. -- I figured I could do it. I did it payday by

Veritext National Deposition & Litigation Services
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1 payday. That's why it took me that long to build the
a

2 house.
ee

3 Q. Right. So you learned from your experience -—
(ean
5 Q -- working, helping your dad?

6 A Mmm-him, ~

et

7 Q And he taught you how to build, I assume?
Nt
8 A

. Yeah. Most -- a lot of it, yeah.
9 Q. Okay. Was there anybody else that helped teach

10 you, or were there books that you bought?

1 A. No. I just got in a bind, I'd go out and look
2 at the contractor's building and see what they were

3 doing.

4 Q. And when did you start learning about how to

15 build houses?
6 A. In '77 -- well, actually, years before.
7 Q. Okay. When did you start making repairs or

8 this kind of remodel to homes and apartments?

9 A. All my life. I helped my dad.

20 Q. And so you started as a child --

21 A. Yeah.

22 Q. -- or a teenager?

23 A. Yeah. Crawling under houses. Doing things.
24 Q. Okay. Did you ever take a class for any of

25 this stuff?

Veritext National Deposition & Litigation Services
866 299-51271 THE WITNESS: No, I don't.

2 MR. PENG: Okay.

3 MR. HOANG: Sir, with regards to when you

4 bought the lot in 1977, how about a season? Was it

5 summer, fall?

6 THE WITNESS: I believe it was summer.

7 BY MR. PENG:

8 Q. And was it summer or fall when you broke ground
9 on the lot?

oO A. Probably.

Mp Summer?
2 A. Probably the fall.

3 Q. Okay. And the house at 251 Adelbert, I want to
4 talk about the exterior walls on the framing.

5 What were they made of?

6 A. The exterior walls -- the framing was

7 two-by-fours. It was siding for the outside paneling.
18 Georgia-Pacific stuff.

9 Q. How do you know it was Georgia-Pacific?

20 A. Said so on it.

21 Q. Okay. Where did you buy it?

22 A. 84 Lumber.

23 Q. And so this was paneling?

24 A. Yes.

25 Q. Do you remember what that was made of?

Veritext National Deposition & Litigation Services
866 299-51271 packaged?

2 A. In a roll.

3 Q. How many rolls did you buy?

4 A. I have no idea. It was about 2400 square feet
9 or something like that. I'm not sure.

6 Q. 2400 square feet?

7 A. I'm not sure.

8 Q. Okay. And how about the shingles? What kind
9 of packaging did that come in?

10 A. They come in just packages. Takes three of

1 them to make a square. Three packages.

2 Q. Do you know how many squares you used for --

3 A. I believe it was 24. But you know, I'm just
14 guessing.

5 Q. Okay. Now, specifically, was there any work on
16 the roofing that you did alone that Joyce didn't do?

7 A. She helped me with the sheathing. And 1

8 believe at one time or another she could have helped me
9 with the shingles, because I did it over a period of

20 time.
22 hands-on work?
23 A. No. She -- she was going to school, so she
24 wasn't there all the time.
25 Q. So generally in the construction of the house,

Veritext National Deposition & Litigation Services
866 299-512769

1, the entire house, you would say that you did a lot more
lh

2 work than her --

3 A. Yes.

4 Q. -- hands-on?

5 Could you estimate a percentage of the work you

et

6 did, as compared to the percentage of work that she did,

7 and the percentage, maybe, other people did?

n=

8 A. No.

a

9 Q. Okay. How about just between you two?

0 A. 75/25.

1 Q. You did 75 percent of the work; she did 25?

2 And of the work you did, could you give me an

3 estimate of how much work you did which she wasn't doing

4 but she was present for that work?

5 A. No.

6 Q. Most of the 75 percent that you did, is it fair
17 to say that she wasn't around?

8 A. No. She was always bugging me, so —-

9 Q. Okay.

20 A. It was a constant battle.

21 Q. And were there any other tools that you used on
22 the roof -- for working on the roof?

23 A. Other tools than what? Hammers —-

24 Q. Yeah.

25 A. -- nails, crowbars.

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866 299-512777

1 you with electricity, the Romex wire?
2 A. I'm not quite sure whether I got it from O'Hara
3 or 84. I don't remember.
4 Q. Okay. Is that true of all the materials --
5 that you needed to do the electricity?
6 A. Right.
7 Q. And so let's talk about the interior walls of
8 the house.
9 Do you remember what they were made of?
10 A. The interior walls?
1 QO. Yeah.
2 A. Sheetrock.
3 Q. And where did you buy the Sheetrock material?
4 A. I believe 84 Lumber.
5 Q. Do you remember a brand name?
16 A. No. GP maybe. I don't know.
——__
7 MR. HOANG: Move to strike speculative
8 portions.
9 BY MR. PENG:
20 Q. And how long did it take you to put up the
21 Sheetrock?
22 A. Quite a while.
23 Q. Would you estimate weeks or months?
24 A. Weeks.
25 Q. Several weeks or --

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866 299-5127A. Yeah.

78

Q. Do you know when you performed this work? Was

9
0

1

Do you recall the season that this work was)

performed?
A. I believe it was summer.
Q. And again, you would have purchased the

Sheetrock material right before you started the project,
eee Nt

so in the summer of '78?
80 in the summer oF ee
BETO ROLY

a

A. Probably.
Q. Is that your --

A. Some of it might have been winter. I'm not

MR. HOANG: And sir, just for clarification,

when you say "winter," do you mean winter of '79?

September to move in -- the insides. And then I had the

other tore down. And September, October, I think it

THE WITNESS: '-8. I finished the house about

I finished the house -- of '78 -- in order to move

The outside was not finished until 1979. }

BY MR. PENG.

on putting up the Sheetrock in the house?

Q. Okay. And did you have any help with the work

Veritext National Deposition & Litigation Services
866 299-512786
1 A. Yeah. So you can cut the barge rafters and
2 everything in through your siding so it'll look better.

3 Q. And is there a way for you to estimate for me

4 how long it took you to break ground to the point where
5 you had a roof and the exterior siding on?
6 A. No. I have no clue at this -- I ran into

7 problems with the old house first and had to put ina

8 septic tank. And I put a new one in line for the new

9 house.

0 Q. You did that before you did the --

1 A. Foundation, yes.

2 Q. Okay. So that was the first thing that you had
3 to do --

14 A. Yeah.

5 Q. -- was the septic tank?

6 And you've talked about how long that may have
7 taken you.

8 It sounds like most of this work then occurred
9 in '78; is that accurate?

20 A. Probably, yeah.

21 MR. BRAYTON: Vague as to what work.

22 MR. HOLMAN: Let me rephrase it due to the

23 objection here.

24 Q. It sounds to me like most of the new

nt

25 construction from the foundation to the completion of

Veritext National Deposition & Litigation Services
866 299-512787

1 the home occurred in '78; is that accurate?
ee eee eee
2 A. Well, the foundation was -- I'm pretty sure ——

4 Q. Okay.

5 A. And --

6 Q. So let's talk about the framing --
en

7 A. -- started -- started the framing in '77, I

8 believe.

9

0 A. Then carried on through '78.

1 Q. All right. If I heard you correctly earlier in

2 this deposition, there was a point in '78 where you

3 separated from Joyce --

4 A. Mmm-hmm.

15 Q. -- for about a six-month period of time?

6 A. I'm not sure how long it was now. I think so.
7 Q. And when did that separation occur?

18 A, I think it was between -- January '78, I think
3 it was.

20 oc Q. Okay. And that was for about a six-month

21 period of time?

22 A. Somewhere in there.

23 Q. And during that separation --
24 A Might not have been six months.
25 Q. Okay.

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866 299-512788

1 A. I was having trouble before that, but --
2 Q. I'm married too.
3 A. Yeah.
4 Q. During this separation in ‘78 --
5 A. Mmm-hmm.
6 _ Q. -- were the two of you still working together
7 and building a home?
8 A. Oh, she'd come around, but -- _.
3 Q. Was it less frequent than when the two of
10 you --
11 A. Yes.

_—_____—+
12 QO. -- had been together?
13 A. Youtre talking 30-something years ago.
14 Q. Yeah, I hear you. I know. It's tough. And
15 the dates are hard. But I'm just trying to get an idea
16 of the construction of this home and how much of it she
17 was involved in. I think that's really the crux of why
18 you're here today.
19 A. Mmm-hmm.
20 Q. She worked during this time period, correct?
21 A. She started working in '78, I believe, yeah.
22 Q. Do you know who she was working for --
23 A. Dr. Baker. And before that, I think it was the
24 convalescent home.
25 Q. During your marriage, did she ever work at

Veritext National Deposition & Litigation Services
866 299-512736

1 Q. And Joyce helped with that too?

2 A. Yes.

3 Q. The Kaiser Gypsum fire-rated Sheetrock, was

4 that the only Kaiser Gypsum product you think you used
5 on the home?

6 A. I can't tell. I mean, it was Sheetrock,

7 whatever the rest of it was.

8 Q. And you couldn't recall the name of that?

3 A. Mmm-munm .

10 Q. Is that right?

11 A. Right. I can't recall that.

12 Q. So for right now at this moment, the only

3 Kaiser Gypsum product you can recall using on the

4 construction of the home is the fire-rated Sheetrock?
5 A. Yeah.

6 MR. HOLMAN: Okay. Thank you.

17 MR. HOANG: I have a couple questions for you.
8 EXAMINATION BY MR. HOANG

9 BY MR. HOANG:
20 Q. Can you hear me okay --
21 A. Yeah.
22 Q. -- Mr. Chambers?
23 I wanted to talk about some of the exterior
24 siding a little bit.
25 Correct me if I'm wrong -- did you testify that

Veritext National Deposition & Litigation Services
866 299-512798

1 Q. And with regards to the Sheetrock that you used
2 inside the house and in the garage, aside from the

3 five-eighths, you don't know the brand name or

4 manufacturer of that, correct?

5 MR. BRAYTON: Asked and answered --

6 THE WITNESS: No.

7 MR. BRAYTON: -- several times.

8 BY MR. HOANG:

9 Oo. Is that correct, sir?

10 A. That is correct.

11 MR. HOANG: No further questions.

12 FURTHER EXAMINATION BY MR. PENG

13 BY MR. PENG:

14 Q. Sir, when you did the Sheetrock, how did you

15 finish that? What kind of materials did you use?

16 A. I'm sorry. Finish it?

17 Q. Mud --

18 A. -- I have no idea --

19 Q. -- or --

20 A. -- because -- I believe I told you that I had a
21 ~ guy come in and sub out the tape and texture --
22 Q. Right.

23 A. Boxes of compound, he brought in. And piopped
24 them in a bucket, mixed them up with a mixer, and put

25 them on the wall. And I did the nail holes.

Veritext National Deposition & Litigation Services
866 299-5127100

1 Okay. You helped with the sanding?

2 A. Yes.

3 Q. Did Joyce do any sanding?

4 A. She wasn't there. _ 4

5 Q. Okay. And she wasn't present for any of the

6 mud finishing of the walls or sanding; is that correct?
7 A. No. She came after and looked at it a couple
8 of times.

9 Q. Okay. Do you know where any of those materials

ep

10 were purchased from?

11 A. No. He brought those materials.

12 Q. Okay. Ali right. And IT think you said that
13 you had somebody help with the fireplace as well?

14 A. Yes.

15 Q. Did -- did you help on the fireplace also?

16 A. No. I just got all the material for him.

17 Q. Okay. What kind of material did you get?

18 A. Sand mortar -- sand and clay to make the

19 mortar -- and cement and the bricks.
20 Q. Do you know where you bought this material

2i from?

22 A. Yeah. Galt Stoneworks, where I got the brick
23 and mortar -- the -- the clay and cement. The sand was
24 delivered by that fellow out on Beyer Lane, if he's
25 still there. I don't remember his name now. It has to

Veritext National Deposition & Litigation Services

866 299-5127105

1 A. The dishwasher,

2 MR. PENG: Okay. Does anyone have any

3 follow-up on any areas of the house?

4 UNIDENTIFIED CALLER: I have just a quick
5 question, if everyone in the room's done.

6 MR. PENG: We have a couple in the room.
7 UNIDENTIFIED CALLER: Okay.

8 MR. HOANG: Mr. Chambers, back to me.

9 FURTHER EXAMINATION BY MR. HOANG

10 BY MR. HOANG:

11 Q. I wanted to focus in on some of the work that
2 the contractor did.

13 Do you recall what month or year you subbed out
4 the taping and texturing for the interior of the house?
5 A. It was in '78. JT don't know what month.

6 Q. How about a season, sir?
17 A. Summer.
8 Q. And during this time frame when this
9 subcontractor was doing that work, were you and your

20 wife separated?

21 A. Yeah.

22 Q. So she wasn't living in the house at the time;

23 is that correct?

24 A. Right.

25 Q. However, she would stop by to check up on

eS

Veritext National Deposition & Litigation Services
866 299-5127106

1 things once in a while?
2 A. Yeah.
3 Q. Do you know the brand name or manufacturer of

4 the taping that the subcontractor --
oS ee ee eee

5 A. Nope.

6 Q. -- used?

7 And when we're talking about these various

8 compounds used on drywall, when you say "taping," are
oe
9 you referring to taping compounds?

10 A. Yeah. There's two kinds. There's a finish,

11 and then there's a topping that goes on them.

12 Q. Okay. So would that be joint compound, a

13 topping compound, and then a texturing compound?
14 A. Nope. The blowed ceilings he did, I don't know
ee et

15 what he had in those. He did those cottage cheese

16 looking ceilings with the --
a OE

17 Q. With regard to the wall, all he used was joint
18 compound and topping compound?
19 A. Right.

an

20 Q. And you don't know the brand name or

21 manufacturer --

22 A. Nope.

23 Q. -- of either of those products?
nt

24 Do you know if Joyce was ever present when any

25 of those packages were lying around?

Veritext National Deposition & Litigation Services
866 299-5127139

1 Q. Anything else, sir?

2 A. Nope.

3 Q. Do you have any knowledge that Joyce either

4 worked with or around any persons working with any

5 Georgia-Pacific siding?

6 A. Just me.

7 Qo. And that's the siding that was on the house --
8 A. Yes.

9 Q. -- that was primarily wood? Thank you, sir.

0 Sir, are you familiar with the name Gold Bond?
1 A. Nope.

2 Q. Are you familiar with the name Hamilton

3 Materiais?™

14 A. Nope. >

5 Q.° “Rte you familiar with the name Highland Stucco?
6 A. What?

7 OQ. Highland --

8 A. No.

9 Q. -- Stucco.

20 Are you familiar with the name Kelly Moore?

21 A. Yes.

22 QO. Aside from paint, do you associate the name

23 Kelly Moore with any products or services?

24 A. No.
25 Q. Are you familiar with the name Kentile?

Veritext National Deposition & Litigation Services
866 299-5127144

1 It should be pretty quick, okay?

2 A. Okay.

3 Q. All right. Sir, you mentioned at the 1982

4 South Adelbert home that you took out some Sheetrock.
5 You wouldn't know the brand or maker of any of
6 the Sheetrock or finishing that you took out on that

7 home, would you?

8 A. Nope.

9 QO. And same thing for the home on Adrienne.
10 Would you know the brand or maker of any of the
1 products that you removed?

2 A. Nope.

3 Q. How about the home at 251 Adelbert? You

4 mentioned that the ceiling was, like, a cottage cheese
5 texture --

6 A. It was blown on.

7 Q. -- is that right?

8 A. Yes.

9 Q. Okay. Do you know the brand or maker of that
20 texture?

21 A. No.

22 Q. And you mentioned that you weren't familiar
23 with the name Hamilton Materials when Counsel was

24 questioning you.

25 So it would be correct that you have no

Veritext National Deposition & Litigation Services
866 299-51271 knowledge that Joyce ever worked with or around any

2 product that was either made, supplied, distributed, or
3 sold by Hamilton Materials, correct?

4 MR. BRAYTON: Argumentative.

5 THE WITNESS: I have no knowledge of anything

6 she did after 1980.

7 BY MR. KESTENBAUM:

8 Q. Okay. How about before 1980? Are you aware if
3 Joyce ever worked with or around any products that were
10 made —-

11 A. No, I'm not aware.

12 MR. BRAYTON: Calls for speculation.

13 BY MR. KESTENBAUM:

14 Q. I need to just finish the question,

15 : Mr. Chambers.

16 Before 1980, are you aware if Joyce ever worked
17 with or around any products that were made, supplied,

18 distributed, or sold by Hamilton Materials?

13 MR. BRAYTON: Calls for speculation. Lacks

20 foundation.

21 THE WITNESS: I don't know.

22 MR. KESTENBAUM: And Mr. Brayton, I know that
23 you had mentioned as to TIMEC that this witness wouldn't
24 be used.
25 Would that apply as to Quintec, Thomas Dee

Veritext National Deposition & Litigation Services
866 299-5127further questions based on mine.

MR. PENG: There's no follow-up in the room.

164

24

25

is-there anyon _the-phone?

So thank you for your time. Your deposition is
now concluded.

MR. HOLMAN: Thank you, Mr. Chambers.

MR. PENG: Mr. Chambers, would you like your
check?

THE WITNESS: No, I don't want the check.

THE REPORTER: The reporter would like to know
if any counsel needs a transcript. Starting with those
on the phone, let me know if you need one.

MS. COTTON: This is Alecia Cotton, and we'd
like a transcript, please.

THE REPORTER: Who of you present would like a
transcript?

MR. PENG: I do.

MR. HOLMAN: I get one, right?

THE REPORTER: Yes.

(TIME NOTED: 12:48 p.m.)

Veritext National Deposition & Litigation Services
866 299-512724

25

I declare under penalty of perjury under the

laws of the State of California that the foregoing is

165

> true and correce.

Executed on , 2010,

SIGNATURE OF THE WITNESS

Veritext National Deposition & Litigation Services
866 299-5127166

1 STATE OF CALIFORNIA ) ss:

2 COUNTY OF STANISLAUS )

2

4 I, Amanda J. Dunn, CSR No. 13336, do hereby

5 certify:

6 That the foregoing deposition testimony was

7 taken before me at the time and place therein set forth
8 and at which time the witness was administered the oath;
9 That the testimony of the witness and all

10 objections made by counsel at the time of the

1. examination were recorded stenographically by me, and
12 were thereafter transcribed under my direction and

13 supervision, and that the foregoing pages contain a

14 full, true and accurate record of all proceedings and
15 testimony to the best of my skill and ability.

16 I further certify that I am neither counsel
17 for any party to said action, nor am I related to any
18 party to said action, nor am T in any way interested in
19 the outcome thereof.
20 IN WITNESS WHEREOF, I have subscribed my name
21 this 22nd day of January, 2010.

22

23

24

25 AMANDA J. DUNN, CSR No. 13336

Veritext National Deposition & Litigation Services
866 299-5127167

1 INDEX
2
| 3—_ TUESDAY, JANUARY 12,2010
4
5 WITNESS
6
7 JOHN CHAMBERS
8 By Mr. Peng lL, 35,
9 By Mr. Holman 23,
10 By Mr. Hoang
11 By Mr. Lawton
12 By Mr. Kestenbaum
13 By Ms. Baker
14 By Ms. Hart
15 By Ms. Kelly
16 By Mr. Brayton
17
18
19
20
21
22
23
24
25

EXAMINATION

98,
85,

96,

110,
121,

105,

142

150

136

135

143

146

146

149

151

Veritext National Deposition & Litigation Services
866 299-5127DEPOSITION EXHIBIT

JOHN CHAMBERS

168

24

25

LETTER

Exhibit A

DESCRIPTION

Notice of deposition; 2 pages

IDENTIFIED

15

Veritext National Deposition & Litigation Services
866 299-5127EXHIBIT HPoORGE Pi YaRON, SR (State Bar #96246)
KEITH EB, PATT! . (State Bar #225753
“AR CIATES

21 YARON & ASSO
601 California Street, 21** Floor
3 } San Francisco, Califomia 94108-2281
‘elephone: =
4 | Facsimile: (415) 658-2930
5 | Attomeys for Defendant $4 LUMBER COMPANY
6
7
8 SUPERIOR COURT OF CALIFORNIA.
9 COUNTY OF SAN FRANCISCO
10
agree JUELCH and NORMAN JUELCH, ) CASE NO. CGC-09-275212
. : ) .
2 ) AFFIDAVIT OF FRANK CICERO IN
Plaintiffs, ) SUPPORT OF 84 LUMBER COMPANY’S
13 MOTION FOR SUMMARY JUDGMENT
v. OR ALTERNATIVELY SUMMARY
14 ) ADJUDICATION
ASBESTOS DEFENDANTS., (B¢P) As } :
15 | Reflected on Exhibits B, B-1, C; and DOES ) 1
1-8500; and SEE ATTACHED LIST, ) !
16 ) |
Defendants. ) )
7 ) Hearing Date: . March 18, 2010
) Hearing Time: 9:30 am.
18 } Depart. No.: 220
} Hearing Judge: Hon, Harold E. Kako
19
) Date Action Filed: © May 20,2009
20 ; Date Set For Trial: April 5, 2010 !
at J, Frank Cidéro, Being first duly sworn, depose and say:
22
a 1. Jam currently employed by 84 Lumbex Company in the capacity of Vice
24 President. I have been employed by 84 Lumber Company since 1984. I am authorized to make

this Affidavit for aud on its behalf, and I make this Affidavit for that reason. The matiers within
this Affidavit are true and correct, matters within my personal knowledge, and I could and would

competently testify thereto if called as a witness.

-l-2. 84 LUMBER did not own or operate any stores in the State of California prior to

April 1976. In April of 1976, 84 LUMBER opened its first store in California, which was located

in San Jose, Califo, Store No. 2101. In June of 1976, 84 LUMBER opened its second sfore in
California, which was Store No. 2102, located in Stockton, California.
3. Prior to April of 1976, 84 LUMBER did not own, lease or operate any
building, supply, lumber or hardware store in California.
I declare under penalty of perjury, under the laws of the State of California that the
foregoing, and all information contained herein, is true and coxrect to the best of my knowledge

and belief,

Executed on February 25, 2010, at Bighty F

SUBSCRIBED AND SWORN TO (or affirmed) before me on this 25" day of
February, 2010, by FRANK CICERO, personally known. to me or proved to me on the basis of

satisfactory evidence to be the person who appearad before me.

Notary Sigaature Lasse (Notary Sei)

COMMONWEALTH OF PENNSYLVANIA