Motion-Secondary: 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)

MICHAEL J. PENG, ESQ. Sy Bar #260852) ELECTRONICALL

YARON & ASSOCIATES FILED

601 California Street, 21% Floor Superior Court of California,

San Francisco, California 94108 County of San Francisc

Telephone: (415) 658-2929 FEB 26 2010

Facsimile: (415) 658-2930 Clerk of the Court
BY: CHRISTLE ARRIO!

Attorneys for Defendant Deputy Glerk

84 LUMBER COMPANY

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

JOYCE JUELCH and NORMAN JUELCH, SR. CASE NO. CGC-09-275212

)
Plaintiffs, ) DECLARATION OF MICHAEL J.
) PENG IN SUPPORT OF 84 LUMBER
) COMPANY’S MOTION FOR
) SUMMARY JUDGMENT, OR, IN THE
ASBESTOS DEFENDANTS (BP) As) ALTERNATIVE, SUMMARY

Vv.

‘Reflected on Exhibits B, B-1, C; and DOES 1-) ADJUDICATION OF ISSUES

‘8500; and SEE ATTACHED LIST, )
) Hearing Date: March 18, 2010
) Hearing Time: 9:30 am,
Defendants. ) Depart. No.: 220

) Hearing Judge: Hon. Harold E.
) Kahn
)
) Date Action Filed: | May 20, 2009
) Date Set For Trial: — April 5, 2010

T, Michael J. Peng declare as follows:

1. 1am an attorney, duly licensed to practice law before all courts of the State of

California, and an associate of the law firm Yaron & Associates, attorneys of record for Defendant
84 Lumber Company (“84 Lumber”).

2. The following facts are known to me, and if called as a witness, I could and would
competently testify thereto.

3. Attached as Exhibit “A” is a true and correct copy of the Complaint, identifying 84
Lumber, dated May 20, 2009.

4. Attached as Exhibit “B” is a true and correct copy of 84 Lumber’s Special

eclaration of Michael J. Peng

-l- GAIZ65\MSNDec].Peng.wpdBR wiLy

sO

Interrogatories, Sct One, which were served on Joyce Juelch on August 24, 2009.

5. Attached as Exhibit “C” is a true and correct copy of 84 Lumber’s Request for
Production of Documents, Set One, which were served on Joyce Juelch on August 24, 2009.

6. Attached as Exhibit “D” is a true and correct copy of Joyce Juelch’s Verified
Responses to 84 Lumber’s Special Interrogatories, Set One, which were served on 84 Lumber on
September 29, 2009.

7. Attached as Exhibit “E” is a true and correct copy of Joyce Juelch’s Verified
Responses to 84 Lumber’s Request for Production of Documents, Set One, which were served on
84 Lumber on September 29, 2009.

8. Attached as Exhibit “F” is a true and correct copy of the relevant portions of Joyce
Juelch’s deposition testimony, taken on November 20, 2009.

9. Attached as Exhibit “G” is a true and correct copy of the relevant portions of John
Chambers’ deposition testimony, taken on January 12, 2010.

10. Attached as Exhibit “H” is a true and correct copy of the Affidavit of Frank Cicero,
Vice-President of 84 Lumber Company, dated February 25, 2010.

11, Attached as Exhibit “T’ is a true and correct certified copy of the County of San
Joaquin, Building Inspection Department, Application for Permit and Inspection Record, for 251
S. Adelbert, signed by John Chambers. This document is also attached as Exhibit “1" to 84
Lumber’s Request for Judicial Notice.

12. Attached as Exhibit “J” is a true and correct copy of Defendant Hamilton Materials,
Inc.’s Verified Responses to Plaintiffs’ Standard Interrogatories to All Defendants, verified on June
8, 1998. This document was served in the Jn re: San Francisco County Complex Asbestos
Litigation, Case No. 828684. This document is also attached as Exhibit “4" to 84 Lumber’s
Request for Judicial Notice.

13. Attached as Exhibit “K” is a true and correct copy of Defendant Kaiser Gypsum
Company’s 2007 Verified Supplemental Responses to Plaintiffs’ Standard Interrogatories to All
Defendants, verified on August 8, 2007. This document was filed served in the In re: San

Francisco County Complex Asbestos Litigation, Case No. 828684. This document is also attached

jeclaration of Michael J. Peng, 2 G:\3265\MSJ\Decl.Peng.wpdas Exhibit “5" to 84 Lumber’s Request for Judicial Notice.

14. Attached as Exhibit “L” is a true and correct copy of a medical report written by
Plaintiffs’ expert, Dr. R.M.Luros, dated October 2, 2009.

Tdeclare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and this Declaration was executed on February 26, 2010, at San Francisco,

California.

MICHAEL J. PENG

3 GA3Z6S\MSJWDeel. Peng.wpd

cclaration of Michael J. PengEXHIBIT Aou mH A UH RB WN =

—
—“ oO

BRAYTONS PURCELL LLY
ATIORNEYS AT LAW
222 RUSH LANDING ROAD
POBOK 6169
NOVATO. CALIFORNIA 4946-6109
{515}898-1555

€ €

DAVID R. DONADIO, ESQ., S.B. #154436

ERIC C, SOLOMON, ESQ,, S.B. #119131

BRAYTON PURCELL LEP SUMMONS, ISBUED
Attorneys at Law igen OOF sn biter Court
222 Rush Landing Road wa

P.O, Box 6169 (CASE MANNGEMENT CONFERENCE SET MAY 2.0 2009

Novato, California 94948-6169

(415) 898-1555 Clerk
a APR LB 2010 rg CORUNA
Attomeys for Plaintiffs Bt epuly Claw

DEPARTMENT 206
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
SISENSERER sn 3 gsnrsros
7 “7 ) ‘0. CGe-09-275212
Plaintiffs,

COMPLAINT FOR PERSONAL INJURY-
vs. AND LOSS OF CONSORTIUM - .

- ASBESTOS
ASBESTOS DEFENDANTS (B“*P)
As Reflected on Exhibits B, B-1, C;
gud DOES 1-8500; and SEE ATTACHED

lL Plaintiff JOYCE JUELCH was born September 18, 1946.

2. The @Brayton%Purcell Master Complaint for Personal Injury [and Loss of
Consortium]- Asbestos (hereinafter "Master Complaint") was filed January 2, 2003, in San
Francisco Superior Court. A copy of the Master Complaint and General Order No. 55 may be
obtained upon request from Brayton**Purcell, and designated portions of the Master Complaint
are incorporated by reference herein pursuant to the authority conferred by General Order No. 55,
Plaintiffs’ claims are as set forth in said Master Complaint against defendants herein as follows:
Wi

M MANDATORY ELECTRONIC FILING
Wt PURSJANT TO AMENDED G0, 158 <*

SORBED
MI INT FOR PERSONA! AND 7Aean awe we nN

BRAYTON®PURCELL LLP
ATTORNEYS AT LAW
222 RUSH LANDING ROAD
~~" PQ, Box 6169
NOVATO, CALIFORNIA 94948-6100
(HS) 3981555

ALLIS-CHALMERS CORPORATION PRODUCT LIABILITY TRUST
BUCYRUS INTERNATIONAL, INC.

BECHTEL CORPORATION (DE)

SEQUOIA VENTURES INC.

THOMAS DEE ENGINEERING CO,, INC.

GARLOCK SEALING TECHNOLOGIES, LLC
GENERAL ELECTRIC COMPANY

KAISER GYPSUM COMPANY, INC.

METALCLAD INSULATION CORPORATION
PARKER-HANNIFIN CORPORATION

PLANT INSULATION COMPANY

QUINTEC INDUSTRIES, INC.

RAPID-AMERICAN CORPORATION

VIACOM, INC,

WESTERN MacARTHUR COMPANY

MacARTHUR COMPANY

WESTERN ASBESTOS COMPANY

PACIFIC GAS & ELECTRIC COMPANY ,
GENUINE PARTS COMPANY (GPC)

84: LUMBER COMPANY, A LIMITED PARTNERSIHIP
CHEVRON U.S.A. INC,

CHEVRON PRODUCTS COMPANY

3M COMPANY,

UNION CARBIDE CORPORATION

HAMILTON MATERIALS, INC.

CSK AUTO, INC,

TIMEC COMPANY, INC.

RED\WOOD PLUMBING CO., INC.

CONSOLIDATED INSULATION, INC.

DOUGLASS INSULATION COMPANY, INC.

OSCAR E. ERICKSON, INC,

SANTA FE BRAUN, INC. AS SUCCESSOR-IN- INTEREST TO C.F, BRAUN, INC,
J.T, THORPE & SON, INC.

UNOCAL CORPORATION

SIJELL OIL COMPANY

TOSCO REFINING COMPANY, INC.

PACIFIC BELL TELEPHONE COMPANY
DILLINGHAM CONSTRUCTION, N.A., INC,

and DOES 1-8500,

Defendants.

Joyce Juetch and Noi ieleh, St te fendants (Bet
San Francisco Superior CourtCause of Action
First (Negligence)
Second (Strict Liability)

Third (False
Representation)

Fourth (Loss of
Consortium)

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oo 0

&
Prech (Premises Owner/ i m

Contractor Liability)

Sixth, Seventh, Eighth QO
Inseaworthiness, Negligence

Jones Act],Maintenance and Cure)

Ninth (Longshore and Harbor Workers O
Compensation Act [LHWCA])

Tenth, Eleventh (F.E.L.A.) Oo

Twelfth, Thirteenth (Respiratory
Safety Devices)

Fourteenth, Fifteenth
e Shoe Grinding}

Sixteenth (Concert of Action)

Seventeenth, Eighteenth (Fraud, Deceit/Negligent
Misrepresentation/Concealment}

Nineteenth (Fraud/Deceit/
Intentional Misrepresentation)

Twentieth (Fraud/Deceit - Kent)
Twenty-First (Aiding/Abetting Battery - Met Life)

Oo Oo

*and their alternate entities as set forth in the Master Complaint or on any Exhibit.

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3, Plaintiff's asbestos-related injury, date of diagnosis, employment status, and
history of exposure to asbestos are as stated on Exhibit A.

4, Plaintiffs were married on February 14, 1981.

5. (a) "Exposed persons" in paragraphs 21, 68 and 69 of the Master Complaint
include plaintiff JOYCE JUELCH herein and plaintiff's husband, NORMAN JUELCH, SR.,
and plaintiff's first husband, John Chambers.

6. Plaintiffs’ claims against defendant VIACOM, INC. (successor by merger to
CBS CORPORATION which is suceessor-in-interest to WESTINGHOUSE ELECTRIC
CORPORATION) exclude military and federal government jobsites.
pated: Sisley BRAYTON‘PURCELL LLP

By:

David R. Donadio
Attomeys for PlaintiffsEXHIBIT AOo end AW ew NY

Ss

€

EXHIBITA

€

Plaintiff's exposure to asbestos and asbestos-containing products occurred at various

locations both inside and outside the State of California, including but not limited to:

Employer

Dameron Hospital
Stockton, CA

Naval Supply Depot
Stockton, Peay

San Joa

French Camp, C.

Plant Insulation Company
Plant Insulation Company

Plant Insulation Company
1300 - 64" St.
Emeryville, CA 94662

Northern California
Insulation aka Metalclad
Insulation Corporation

Northern California
Insulation aka Metalclad
Insulation Corporation
Northern California
Insulation aka Metalclad
Insulation Corporation

Unknown

Northem California
Insulation aka Metalclad
Insulation Corporation

NPS Energy Services

ue

in General Hospital

Location of
Ex posure

Dameron Hospital
Stockton, CA

Naval Supply Depot
Stockton, eX

San Joaquin General
lospital

French Camp, CA

4" Floor

Tosco Oil,
Avon, CA

Dow Chemical
Pittsburg, CA

Shell Oit
Martinez, CA

Shell Oil
Martinez, CA

Sutter Memorial Hospital
Sacramento, CA.

Campbell Sou
Sacramento, CA

Slaughterhouse
Sacramento, CA
Cheese Factory

South Sacramento, CA

Rancho Seco Nuclear
Powerhouse, Herald, CA

Job Title

Nurse
Janitor

Nurse

Insulator
{Apprentice}

Insulator
(Apprentice)

Insulator
(Apprentice)

Insulator
Insulator
(Apprentice)

Insulator

Insulator

Insulator

Insulator

~A

Exposure
Dates

1964-1974

1966

1975-1976

1982-1984
{2 months)

1982-1983
(3 weeks)

1983-1984
(1 month)

1983-1984
(2 months)

1984
{1 -2 weeks)

1984
(1 month)

1984 (3 weeks)

1984
{3-4 weeks)

1984-1992

EXHIBIT ACw ew nd A WY ke WN
a

eee
o R= Oo

vy yon WwW RN Re = Fe ce Se
BRRRRRBERESBE SEWAGE

XH cont'd.

Location of Exposure
Employer Exposure Job Title Dates
Northern Califomia Lassen College Insulator 1985
Insulation aka Metalclad Waste Incinerator (6 months)
Insulation Corporation Susanville, CA
Norther California Com Products Insulator 1985
Insulation aka Metalclad Stockton, CA (2-3 months)
Insulation Corporation
Northern California Modules Alaska Insulator 1985
Insulation aka Metalclad Stockton, CA (Apprentice) (4-5 months)
Insulation Corporation
PARA: TIO SURE:

Plaintiff resided with her first husband John Chambers. Plaintiff's husband performed brake
and engine repairs on fleet trucks and regularly returned home with asbestos-containing debris
on his clothing, Plaintiff recalls shaking out and washing his work clothes in the garage.
Plaintiff currently contends she was exposed to asbestos as a result of her husband’s
employment.

Plaintiff's husband’s work history is as follows:

Location of * Exposure
Employer Exposure Job Title Dates
‘Dinuba Distributing Dinuba Distributing Mechanic 1971-1977
Stockton, CA Stockton, CA

Plaintiff has resided with her husband Norman Juelch Sr., local 16 insulator since 1981.
Plaintiff recalls she was exposed to asbestos-containing materials by washing her husband’s
laundry after work. Plaintiff recalls her husband frequently returned home with asbestos-
containing debris and dust on his clothes from the jobsite, Plaintiff shook out her husband’s
dusty clothes before washing them in the garage. Plaintiff recalls vacuuming her husbands’ car
which he drove to and from work on a daily basis,

Plaintiff's husband’s work history is as follows:

Location of Exposure
Employer Exposure Job Title Dates
Plant Insulation Company Various commercial and Insulator 1981-1983,
industrial buildings 1985
Including:
Owens Coming World Various locations Insulator 1981-1985
Headquarters including: {6-7 months)
1 Owens Coming Pkwy Sierra Pacific Power Co.
Toledo, OH 43659 Valmy Power Station
Valmy, NV
tit EXHIBIT A

KNtsheeo 1046 6
n PE! A . -~~

wean Aw FW ON

10

Employer

Pioneer Insulation Contractor

Inc
2085 Boxwood Wa’
Fremont, CA 9453}

Plant Insulation Company
Plant Insulation Company
Plant Insulation Company

Plant Insulation Company

Plant Insulation Company

Plant Insulation Company
1300 - 64" St.
Emeryville, CA 94662

Fruin-Colnon Crop.
1299 Clayton Road W.
Ballwin, MO

Fruin-Colnon Crop.
1299 Clayton Road W.
Ballwin, MO

Plant Insulation Company

Metatclad Insulation
Corporation

2198 § Dupont Dr
P.O. Box 61024
Anaheim, CA 92803

Metalclad Insulation Corp.
2198 S, Dupont Drive
P.O, Box 61024

Anaheim, CA 92803

at

C

EXHIBIT A {cont'd.)
Location of .

x Job Title
Unknown Insulator
PG&E, Unit 1 Insulator
Pittsburg, CA
Tosco Oil, Insulator
Avon, CA
Union Of! Insulator
Oleum/Rodeo, CA
Hl Dupont de Nemours & Insulator

0.

Antioch, CA

Dow Chemical Insulator
Pittsburg, CA

Shell Oit Insulator
Martinez, CA

Procter & Gamble, Insulator
Sacramento, CA

Louisiana Pacific Insulator

ulp mill
amoa, CA

Roman Meal Bread Factory Insulator

South San Francisco, CA

Campbell Soup
Sacramento, CA

Pacific Bell
Stockton, CA

Insulator

Insulator

-TIUM - ASBES'

Exposure
Dates

1981
(1 week)

1982
(3 weeks)

1982-1984
(2 months)
1982-1983

1982-1985

1982-1985

1983-1984
(1 month)

1982
(1 month)
1983
(6 weeks)
1983

{approx, 1 week)
1983-1985

1983-1985
(3 weeks)

EXHIBIT ACw eo NAW e YN

aaron = s

17

Employer

Metalclad Insulation Corp.
2198 South Dupont Drive
P.O. Box 6102

Anaheim, CA

Metalclad Insulation Corp.
2198 S. Dupont Drive
P.O, Box 61024
Anaheim, CA 92803

Metalclad Insulation Corp.

EXHIBIT A {cont'd.)

Location of
Exposure

Lassen College

Waste Incinerator
Susanville, CA

Shell Oil
Martinez, CA

Com Products

2198 S. Dupont Drive Stockton, CA

P.O. Box 61024

Anaheim, CA 92803

Plant Insulation Company Hormel Meat Packing
Stockton, CA

Plant Insulation Company —- Sequoia Hospital
Rewhwood City, CA

Metalclad Insulation Corp, Modules - Alaska

2198 S. Dupont Drive Stockton, CA

P.O. Box 61024

Anaheim, CA 92803

N.P.S. Energy Services Inc.; Rancho Seco Nuclear

Dravo Constructors Inc. Powerhouse

11 Stanwix St. ~ Herald, CA

Pittsburg, PA

NON-OCCUPATIONAL EXPOSURE:

C

Job Title
Insulator

Insulator

Insulator

Insulator
Insulator

Insulator

Insulator

Exposure
Dates

1983-1984
(6 months)

1984-1985
(2 months)

1984-1985
(3-4 months)

1984
(2 weeks)

1984

1985
(4-5 months)

1986-1988

Plaintiff recalls assisting her first husband John Chambers, building a house in Stockton,

California in the early 1970s. Plaintiffrecalls mixing, applying ai

sanding asbestos containing

KAISER GYPSUM COMPANY, INC. joint and taping compounds purchased from 84

LUMBER.

Plaintiff recalls assisting her second husband Norman Juelch, Sr., remove and replace brakes on

aused 1977 FORD F-2

NAPA AUTO PARTS, Kalispell, Montana.

Wt
i
it

(0, in the early 1980s, Plaintiff recalls purchasing the brake pads at

EXHIBIT Aowe N Aw & WN

10

Cc C

EXHIBIT A (cont’d.)

Plaintiff's exposure to asbestos and asbestos-containing products caused severe and
permanent injury to the plaintiff, including, but not limited to breathing difficulties, asbestosis,
lung and/or other cancer, mesothelioma, and/or other Jung damage. Plaintiff was diagnosed
with lung cancer on or about January 2009.

Plaintiff retired from her last place of employment as a result of becoming disabled due
to an injury not related to asbestos. She has therefore suffered no disability from her asbestos-
related disease as "disability" is defined in California Code of Civil Procedure § 340.2.

EXHIBIT A

1086
IPLAINT FOR PERSONAI UR R -EXHIBIT BEFENDANTS

ALLIS-CHALMERS CORPORATION PRODUCT

LIABILITY TRUST
BUCYRUS INTERNATIONAL, INC.
BECHTEL CORPORATION (DE)
SEQUOIA VENTURES INC.
THOMAS DEE ENGINEERING CO., INC,

GARLOCK SEALING TECHNOLOGIES, LLC

GENERAL ELECTRIC COMPANY
KAISER GYPSUM COMPANY, INC.

METALCLAD INSULATION CORPORATION

PARKER-HANNIFIN CORPORATION
PLANT INSULATION COMPANY
QUINTEC INDUSTRIES, INC.
RAPID-AMERICAN CORPORATION
VIACOM, INC.

ALLIS-CHALMERS CORPORATION
PRODUCT LIABILITY TRUST

BUCYRUS INTERNATIONAL, INC.

GARLOCK SEALING
TECHNOLOGIES, LLC

GENERAL ELECTRIC COMPANY

PARKER-HANNIFIN CORPORATION

EXHIBIT B

WESTERN MacARTHUR COMPANY

MacARTHUR COMPANY

WESTERN ASBESTOS COMPANY

PACIFIC GAS & ELECTRIC COMPANY

GENUINE PARTS COMPANY (GPC)

84 LUMBER COMPANY, A LIMITED
PARTNERSUIP

CHEVRON U.S.A. INC.

CHEVRON PRODUCTS COMPANY

3M COMPANY

UNION CARBIDE CORPORATION

HAMILTON MATERIALS, INC,

SK AUTO, INC.

DOES 1-800

ALTERNATE ENTITY
BUDA ENGINE CO,

BUCYRUS-ERIE.

MARION POWER SHOVEL COMPANY, THE
OSGOOD COMPANY

GENERAL EXCAVATOR COMPANY

GARLOCK, INC.

COLTEC INDUSTRIES, INC.
FAIRBANKS-MORSE,

FAIRBANKS MORSE ENGINES.
BELMONT PACKING & RUBBER CO.
GARLOCK PACKING CO.

U.S. GASKET CO.

GOODRICH CORPORATION

ENPRO INDUSTRIES, INC.

MATTERN X-RAY

HOTPOINT ELECTRIC APPLIANCE COMPANY LIMITED
TRUMBULL ELECTRIC MANUFACTURING COMPANY
GE INDUSTRIAL SYSTEMS

CURTIS TURBINES

PARSONS TURBINES

GENERAL ELECTRIC JET ENGINES

SACOMA-SIERRA, INC.
SACOMA MANUFACTURING COMPANY
E.LS, AUTOMOTIVE CORPORATION
CONDREN CORPORATION, THE
PARKER SEAL COMPANY
DENISON HYDRAULICS INC.
GREER HYDRAULICS CORPORATION
EXHIBIT B

Hwe ws aun kr YW NY

27

SEQUOIA VENTURES, INC.
VIACOM, INC.

WESTERN MacARTHUR
COMPANY

GENUINE PARTS COMPANY

CHEVRON PRODUCTS COMPANY

28) uv

Kiron roacasy ey

MPLAIN' ‘Al

EXIIIBIT N (cont'd
ALTERNATE ENTITY

BECHTEL CORPORATION (DE)

CBS CORPORATION

WESTINGHOUSE ELECTRIC CORPORATION
WESTINGIIOUSE ELECTRIC AND
MANUFACTURING COMPANY

BF, STURTEVANT

KPIX TELEVISION STATION

PARAMOUNT COMMUNICATIONS, INC

GULF & WESTERN INDUSTRIES, INC,

NORTH & JUDD MANUFACTURING COMPANY

WESTERN ASBESTOS CO.

MAC ARTHUR COMPANY

BAY CITIES ASBESTOS COMPANY
#.K. PINNEY, INC,

NAPA AUTO PARTS

GENUINE PARTS COMPANY OF MICHIGAN, INC,
RAYLOC BRAKES

AUTHORIZED MOTOR PARTS CORP,

GENUINE PARTS COMPANY OF WISCONSIN, INC.
AUTOMOTIVE PARTS COMPANY

COLYEAR MOTOR SALES COMPANY

GENERAL AUTOMOTIVE PARTS CORPORATION
STANDARD UNIT PARTS CORPORATION
BIGERUD AUTO PARTS

FANCHER AUTO-TRUCK PARTS CO.

CHEVRON U.S.A. PRODUCTS COMPANY
CHEVRON CORPORATION PRODUCTS COMPANY
CHEVRON CORPORATION
CHEVRON OIL REFINERY
CHEVRON CHEMICAL COMPANY
WILSHIRE OIL,
STANDARD OIL COMPANY OF CALIFORNIA
STANDARD OIL COMPANY OF CALIFORNIA,
WESTERN OPERATIONS, INC.
GULF OIL COMPANY
GULF OIL OF CALIFORNIA
GULF OIL CORPORATION
GULF OIL PRODUCTS COMPANY
CITEVRON RESEARCH AND
‘TECHNOLOGY
PACIFIC OIL REFINING
PACIFIC REFINING CO.
SEQUOIA REFINING CORP.
CHEVRON U.S.A., INC.
CHEVRON U.S.A. PRODUCTS, INC.

EXHIBIT BOo ww aun & WwW HK

EXINIBIT B (cont'd)
ALTERNATE ENTITY

3M COMPANY MINNESOTA MINING AND MANUFACTURING COMPANY
IRVINGTON

UNION CARBIDE CORPORATION UNION CARBIDE CHEMICALS AND PLASTICS
COMPANY, INC,
UNION CARBIDE AND CARBON PRODUCTS
LINDE AIR PRODUCTS COMPANY

CSK AUTO, INC. KRAGEN AUTO SUPPLY CO.
NORTHERN AUTOMOTIVE CORPORATION |
CHECKER AUTO PARTS, INC,
TBDPC CORPORATION
PACCAR AUTOMOTIVE, INC,
GRAND AUTO, INC,
AL'S AND GRAND AUTO SUPPLY, INC.
SCHUCK’'S AUTO SUPPLY
TOPPS AUTOMOTIVE
TRAK AUTO PARTS

EXHIBIT B

ciabatta eed 13
MPLAINT FOR PERSONA! mM ~ AEXHIBIT B-1own an B® Wn

EXHIBIT B.A
DEFENDANTS
‘TIMEC COMPANY, INC.

REDWOOD PLUMBING CO., INC.

CONSOLIDATED INSULATION, INC,

DOUGLASS INSULATION COMPANY, INC,

OSCAR E. ERICKSON, INC.

SANTA FE BRAUN, INC. AS SUCCESSOR-IN-INTEREST TO C.F, BRAUN, INC.
THOMAS DEB ENGINEERING CO., INC.

J.T. THORPE & SON, INC,

DOES 1-800; DOES 1001-2000

ALTERNATE ENTITY

OSCAR E. ERICKSON, INC. ASSOCIATED INSULATION OF CALIFORNIA.
OSCAR E. ERICKSON COMPANY
OSCAR ERICKSON, INCORPORATED

J.T, THORPE & SON, INC. THE THORPE COMPANY

THORPE PRODUCTS CO.
AT. THORPE NORTHWEST

ok SORAEY 3 15

EXHIBIT B-1EXHIBIT C1 EXHIBIT.
2 || DEFENDANTS
3) PACIFIC GAS & ELECTRIC COMPANY OSCAR E. ERICKSON, INC.
UNOCAL CORPORATION BECHTEL CORPORATION (DE)
4 || SHELL OIL COMPANY SEQUOIA VENTURES INC,
TOSCO REFINING COMPANY, INC. METALCLAD INSULATION CORPORATION
5 || PACIFIC BELL TELEPHONE COMPANY THOMAS DEE ENGINEERING CO,, INC.
DILLINGHAM CONSTRUCTION, N.A., INC, J.T, THORPE & SON, INC.
6 || TIMEC COMPANY, INC, PLANT INSULATION COMPANY
REDWOOD PLUMBING CO., INC, WESTERN MacARTHUR COMPANY
7 || CONSOLIDATED INSULATION, INC, MacARTHUR COMPANY
DOUGLASS INSULATION COMPANY, INC. WESTERN ASBESTOS COMPANY
8 || SANTA FE BRAUN, INC, AS SUCCESSOR-IN- DOES 1001-2000
9 INTEREST TO C.F. BRAUN, INC,
10 ALTERNATE ENTITY.
11 || DILLINGHAM CONSTRUCTION DILLINGHAM CONSTRUCTION
N.A,, INC. INTERNATIONAL, INC.
12 DILLINGHAM CONSTRUCTION
CORPORATION
13 DILLINGHAM CONSTRUCTION, INC.
DILLINGHAM HEAVY CONSTRUCTION
14 GORDON II. BALL INC.
BASALT ROCK
15 BASALT ROCK CO,, INC.
BASALT SHIPYARD
16 BASALT PRECAST DIVISION
DILLINGHAM CONSTRUCTION
17 PACIFIC LTD,
DILLINGHAM CONSTRUCTION GUAM, LTD,
18 HD&C-INTERIORS, LTD.
HAWAIIAN BITUMULS & PAVING COMPANY
19 HAWAIIAN CONCRETE & ROCK COMPANY
HAWAIIAN DREDGING & CONSTRUCTION COMPANY
20 WATKINS ENGINEERS & CONSTRUCTORS, INC.
INLAND INDUSTRIAL CONTRACTORS,
21 INCORPORATED
. NORMAN PETERSON
22 ALBINA ENGINE & MACHINE WORKS
ALASKA STEAMSIIIP COMPANY
23 BEACON GASOLINE COMPANY
BEACON PETROLEUM COMPANY
24 FOSS TUG & LAUNCH!
SIMPSON CONSTRUCTION
25 WILLAMETTE IRON & STEEL
COMPANY
26 PETERSON-SIMPSON DIVISION
271
28 |) a EXHIBIT C
K Yopenstotctr
PLAINT FOR x TORY Al rp =ATOSCO REFINING COMPANY, INC,

EXHIBIT-€ (contd.)
LTERNATE ENTITY

TOSCO CORPORATION

THE OIL SUALE CORPORATION

DIABLO SERVICES CORPORATION

LION OJL COMPANY

PACIFIC BELL TELEPHONE COMPANY PACIFIC TELEPHONE & TELEGRAPH

PREMISES OWNER

PACIFIC GAS & ELECTRIC COMPANY

UNOCAL CORPORATION
SHELL OIL COMPANY

TOSCO REFINING COMPANY, INC.
PACIFIC BELL TELEPHONE COMPANY
CONTRACTOR,

DEFENDANTS

DILLINGHAM CONSTRUCTION, NA,
INC.

BELL TELEPHONE

LOCATION

PG&E, Pittsburg, CA

Union Oil, Rodeo/Oleum, CA
Tosco Corp., Avon, CA.

Dow Chemical, Pittsburg, CA; EI
Dupont De Nemours & Co.,
Antioch, CA

Campbell Soup Company,
Sacramento, CA

Union Oil, Rodeo/Oleum, CA
Shell Oi}

Tosco Oit, Avon, CA

Pacific Bell, Stockton, CA

LOCATION

Tosco Corp. (1976-2000)
Avon, CA

Pittsburg Power Plant (PG&E)
Pittsburg, CA

Dow Chemical
Pittsburg, CA.

E.f. Dupont DeNemours & Co,
Antioch, CA.

18

TIME PERIOD
1982
1982-1983
1982-1984
1982-1985

1983-1985

1982-1983

1983-1984;
1984-1985

1982-1984
1983-1985

TIME PERIOD.

1982-1984

1982

1982-1985

1982-1985

EXHIBIT COo ON AW ew NH =

Bas

13

CONTRACTOR
DEFENDANTS.

DILLINGHAM CONSTRUCTION, N.A.,

INC. (cont’d.)

REDWOOD PLUMBING CO., INC,

CONSOLIDATED INSULATION, INC.

DOUGLASS INSULATION COMPANY,

INC.

a

[AL INJURY Al

EXUIBIT C (cont'd)

LOCATION TIME PERIOD
Rancho Seco Nuclear 1984-1992,
Powerhouse

Herald, CA

Procter & Gamble 1982
Sacramento, CA.

Union Oil (1896-1983} 1982-1983
Rodeo/Oleum, CA

Shell Oil 1983-1984;
Martinez, CA 1984-1985

Sequoia Hospital, Redwood City, 1984
CA

‘Union Oil (1896-1983) 1982-1983

Rodeo/Oteum, CA.

Shell OFF 1983-1984;

Martinez, CA 1984-1985

Campbell Soup Company 1983-1985

Sacramento, CA

Sequoia Hospital 1984

Redwood City, CA

‘Louisiana 1983

PacificfHammond ‘Georgia

Pacifie/Stockton

PacificfEvergreen

Samoa, CA

Dow Chemical 1982-1985

Piusburg, CA

E.1. Dupont DeNemours & Co. 1982-1985

Antioch, CA

Union Oil (1896-1983) 1982-1983

Rodeo/Oleum, CA

Sequoia Hospital 1984

Redwood City, CA

Shell Oil 1983-1984;

Martinez, CA 1984-1985

EXHIBIT C

19ww nd Aw WwW N

aeoepes

CONTRACTOR
DEFENDANTS.

DOUGLASS INSULATION COMPANY,
INC. (cont'd.)

OSCAR E, ERICKSON, INC,

SANTA FE BRAUN, INC, AS
SUCCESSOR-IN-INTEREST TO C.F.
BRAUN, INC.
“
KNigdereantotoar,

i T SURY Al

EXHIBIT C (cont'd)

LOCATION

Tosco Corp. (1976-2000)
Avon, CA

Dameron Hospital
Sacramento, CA

Hormel Meat Packing
Stockton, CA,

Campbell Soup Company
Sacramento, CA

Shell Oi}
Martinez, CA

’
Tosco Corp. (1976-2000)
Avon, CA

Pirtsburg Power Plant (PG&E)
Pittsburg, CA

Louisiana
Pacific/Jammond ‘Georgia
Pacific/Stockton
Pacific/Evergreen

Samoa, CA

E.}. Dupont DeNemours & Co.

Antioch, CA

Sequoia Hospital
Redwood City, CA

Campbell Soup Company
Sacramento, CA

Dow Chemical
Pittsburg, CA

Union Oil (1896-1983)
Rodeo/Oleum, CA.

Shell Oil

Martinez, CA

Pittsburg Power Plant (PG&E)
Pittsburg, CA

20

TIME PERIOD

1982-1984
1964-1974
1984
1983-1985
1983-1984;
1984-1985
1982.1984

1982

1983

1982-1985

1984

1983-1985

1982-1985

1982-1983

1983-1984;
1984-1985

1982

EXHIBIT Cwo ON A BR WN

25

CONTRACTOR
DEFENDANTS

SANTA FE BRAUN, INC. AS

SUCCESSOR-IN-INTEREST TO C.F,

BRAUN, INC. (cont’d.)

BECHTEL CORPORATION

{DEYSEQUOIA VENTURES INC.

26 | METALCLAD INSULATION

27

CORPORATION

28] if

iN i R NAL

EXHIBIT C (cont'd)

LOCATION

Dow Chemical
Pittsburg, CA,

E.I. Dupont DeNemours & Co.
Antioch, CA.

Corn Products
Stockton, CA

Union Oil (1896-1983)
Rodeo/Oleum, CA

Tosco Corp. (1976-2000)
Avon, CA

Dow Chemical
Pitisburg, CA

E.L Dupont DeNemours & Co.
Antioch, CA.

Pittsburg Power Plant (PG&E)
Pittsburg, CA

Sequoia Hospital
Redwood City, CA

Sierra Pacific Power Company
Valmy Power station
Valmy, NV

Rancho Seco Nuclear
Powerhouse
Nerald, CA

Shell Oi)
Martinez, CA.

Union Oil (1896-1983)
Radeo/Oleum, CA

Tosco Corp. (1976-2000)
Avon, CA

Procter & Gamble
Sacramento, CA

21
“A

TIME PERIOD

1982-1985

1982-1985

1984-1985

1982-1983

1982-1984

1982-1985

1982-1985

1982

1984

1981-1985

1984-1992

1983-1984;
1984-1985

1982-1983 |

1982-1984

1982

EXHIBIT Cyp wm NY AW BF wWN

10

CONTRACTOR
DEFENDANTS.

METALCLAD INSULATION
CORPORATION (cont'd)

“a
a

Anfured JOR

EXHIBIT C (cont'd)

LOCATION

EI, Dupont DeNemours & Co.
Antioch, CA

Campbell Soup Company
Sacramento, CA

Shell Oil
Martinez, CA

Union Oil (1896-1983)
Rodeo/Oleum, CA

Pacific Bell
Stockton, CA

Sierra Pacific Power Company
Valmy Power station
Valmy, NV

Rancho Seco Nuclear
Powerhouse
Herald, CA

Lassen College
Susanville, CA.

Dow Chemical
Pittsburg, CA

Com Products
Stockton, CA

Hormel Meat Packing
Stockton, CA

Modules Alaska
Stockton, CA

Cheese Factory
Sacramento, CA

Sutter Memorial Hospital
Sacramento, CA

Tosco Corp. (1976-2000)
Avon, CA

22

TIME PERIOD
1982-1985
1983-1985
1983-1984;
1984-1985
1982-1983

1983-1985

1981-1985

1984-1992

1983-1985

1982-1985

1984-1985

1984

1985

1984

1984

1982-1984

EXHIBIT Cwo ed Aw WN

CONTRACTOR
DEFENDANTS.

TIMEC COMPANY, INC.

THOMAS DEE ENGINEERING CO,, INC,

4.7, THORPE & SON, INC.

PLANT INSULATION COMPANY

WESTERN MacARTHUR
COMPANY /MacARTHUR

COMPANY/WESTERN ASBESTOS

COMPANY

F ERSONAI

EXHIBIT C (cont'd)

LOCATION

Union Oil, Radeo.Oleum, CA
Tosco Oil, Avon, CA

Dow Chemical, Pittsburg, CA
Shell Oil, Martinez, CA.

Various
Various
Various

Various

23
0 RTIOM -

TIME PERIOD

1982-1983
1982-1985
1982-1985

1983-1984;
1984-1985

Various
Various
Various

Various

EXHIBIT CEXHIBIT Bcmt DH B® WN

10
i
12
13

14
15
16
7

19
20
21
22
23
24
25
26
27
28

FORGE D. YARON, ESQ, (State Bar #96246)
ITH E, PATTERSON, ESQ. (State Bar #225753)

IMICHAEL J. PENG, ESQ. Ase Bar #260852)
lYARON & ASSOCIATES

01 California Street, 21" Floor

an Francisco, California 94108

‘elephone: (415) 658-2929
Facsimile: (415) 658-2930
Attorneys for Defendant
84 LUMBER COMPANY

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
OYCE JUELCH and ) CASE NO. 275212
IORMAN JUELCH, SR.,
DEFENDANT 84 LUMBER
COMPANY’S SPECIAL
Plaintiffs, INTERROGATORIES, SET ONE, TO
) PLAINTIFF JOYCE JUELCH
v. )
) [Code of Civit Procedure §§ 2030.210 -
SBESTOS DEFENDANTS (BP), 2030.310]
Defendants. )

PROPOUNDING PARTY: Defendant 84 LUMBER COMPANY

RESPONDING PARTY: Plaintiff JOYCE JUELCH

SET NUMBER: ONE

Defendant 84 LUMBER COMPANY (“84 LUMBER”) requests that Plaintiff JOYCE

‘LCH (“Plaintiff’) answer under oath, within thirty (30) days, in accordance California Code of
ivil Procedure §§ 2030.210-2030,310, the following interrogatories.

You are hereby notified that at the commencement of trial of this case, 84 LUMBER will ask
he Court for an order precluding you from introducing evidence related to the subject matter of these
interrogatories which has not been disclosed by the answers to these interrogatories.

it

Special Interrogatories -1-

Seria aCOW A eh Bw NY

NN BN NON Nw Boe ee ka som
BRRREBBRBRERSERARREBEAS

DEFINITIONS
1 The terms “YOU” and “YOUR” include Plaintiff JOYCE JUELCH, anyone acting
n her behalf, her agents, her employees, her companies, their agents, their employees, their
ttomeys, their accountants, their investigators, and anyone else acting on their behalf, as defined
in Judicial Council Form interrogatories.

2. The term “84 LUMBER” refers to Defendant 84 LUMBER COMPANY and/or its

arent or subsidiary companies, successors, related entities, divisions, partners and joint venturers.

3. The term “DATE(s)” means to state the day, month, and year.

4. The term "PERSON" includes natural persons, a firm, association, organization,

artnership, business, trust, corporation or public entity.

5. The term “IDENTIFY,” when used with respect to PERSON(s), shall mean a
btatement of the PERSON’s full name, title, residential and business addresses, and telephone
faumber(s).

6. The term “IDENTIFY,” when used in reference to a location, means to state the name,
street address, city, state, and zip code for each location.
7. The term “DOCUMENT” means a writing, as defined in Section 250 of the

KCalifornia Rules of Evidence, and includes, but is not limited to the originals, copies, hand written,

rinted, typed, photostat, photograph or otherwise recorded materials, however produced or

eproduced, of every kind and description in whatever form (e.g. final and draft versions), in your
ossession, custody, care or control, including, but not limited to, all writings, correspondence,
letters, notes, memoranda, reports, studies, charts, photographs, videotapes, accounting records,
journals, calendars, appointment books, diaries, drawings, sound recordings, computer documents,
omputer diskettes, computer files, and other data compilations from which information can be
btained or translated. The term “DOCUMENT” also refers to originals and copies of all the above
pon which notations in writing, printed or otherwise, which do not appear on the originals.

8. The term “IDENTIFY,” when used in reference to “DOCUMENT(s),” means to

escribe specifically the DOCUMENT(s), including a description of its type (e.g. letter

memorandum, telegram, chart, etc.), and to state its date, author, addressee, title, file identification

pecial Interrogatories -2-umber or symbol, and to identify the present location and the name and last known address of the
resent custodian of such DOCUMENT(s). If any such DOCUMENT(s) are no longer in YOUR
ossession or subject to YOUR control, state what disposition was made and the time and date of
uch disposition, identifying the PERSON having knowledge of its content.

9, The term “IDENTIFY,” when used in reference to a product, means to describe the
roduct by the name under which it is sold in the market place (trade name) its generic name, or any
Jang or nickname used in YOUR occupation.

10. The terms “SELL” and “SOLD” shall mean to exchange or deliver for money or its

uivalent.

SPECIAL INTERROGATORIES
NTERROGATORY NO. 1:

Please state all facts in support of YOUR contention that YOU were exposed to asbestos
(through products and/or materials SOLD by 84 LUMBER.
INTERROGATORY NO. 2:

Please provide each DATE upon which YOU contend that YOU were exposed to asbestos
hrough products and/or materials SOLD by 84 LUMBER.
NTERROGATORY NO. 3:

Please describe all products and/or materials (by brand name, manufacturer, product type or
bby a physical description) SOLD by 84 LUMBER that YOU contend were the source(s) of each of
[YOUR alleged exposures to asbestos.

INTERROGATORY NO. 4:

For each product identified in YOUR Response to Interrogatory number 3, please state the
IDATE(s) and location(s) where YOU were exposed to each product.
NTERROGATORY NO. 5:
For each product identified in YOUR Response to Interrogatory number 3, please describe

© activity or activities that YOU contend that YOU were exposed to asbestos from mat that YOU
ontend were SOLD by 84 LUMBER.
Hf

3.Cc OY DAA BW Ne

YM YY YY NR RY eB ew Be se eB Be ee
eS IAW Bw HY & SB we IA Aa BDH = Ss

INTERROGATORY NO. 6:
Please IDENTIFY cach PERSON who has knowledge of any facts in support of YOUR

ontention that YOU were exposed to asbesios through products and/or materials SOLD by 84
LUMBER.
INTERROGATORY NO. 7:
Please IDENTIFY any and all DOCUMENTS in support of YOUR contention that YOU
ere exposed to asbestos through products and/or materials DISTRIBUTED, SUPPLIED, and/or
OLD by 84 LUMBER.
ATED: August 24, 2009 YARON & ASSOCIATES

» hAQE

GEORGE D. YARON
KEITH E. PATTERSON
MICHAEL J. PENG
Attorneys for Defendant
84 LUMBER COMPANY

ee Interrogatories -4-PROOF OF SERVICE

Lam over 18 years of age and not a party to the within action. | am employed in the County
of San Francisco; my business address is Yaron & Associates, 601 California Street, 21st Floor, San
Francisco, California 94108-2826.

On August 24, 2009, at or about, 3:15 p.m., I served the within:

DEFENDANT 84 LUMBER COMPANY’S SPECIAL INTERROGATORIES, SET
ONE TO PLAINTIFF JOYCE JUELCH

addressed to;

David Donadio
BRAYTON PURCELL
222 Rush Landing Road
P.O, Box 6169
Novato, CA 94948
Tel. (415) 898-1555
Fax (415) 898-1247
(Attorneys for Plaintiff's)

With Notice to All Defense Counsel via U.S. Mail - See Attached Service List

VIA E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or
an agreement of the parties to accept service by e-mail or electronic transmission, 1 caused the documents
to be sent to the persons at the e-mail addresses listed above, 1 did not receive, within a reasonable time

after the transmission, any electronic message or other indication that the transmission was unsuccessful.

VIA U.S. MAIL: am “readily famitiar” with the firms practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal service on that
same day with postage thereon fully prepaid in the ordinary course of business. 1 am aware that on motion
of the party served, service is presumed invalid if postal cancellation date or postage meter date is more
than one day after date of deposit for mailing in affidavit.

ideclare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this declaration was executed on August 24, 2009, at San Francisco,
California.
/s/ Marisela H. Navarro

MARISELA H. NAVARRO
MNAVARRO@YARONLAW.COMPage i of 2

LexisNexis File & Serve Transaction Receipt

Transaction ID: 26748429

Submitted by: Marisela Navarro, Yaron & Associates

Authorized by: Michael 3 Peng, Yaron & Associates

Authorize and file on; Aug 24 2009 3:26PM PDT

en AR err rn eeteeneeenrnenin rer
Court: CA Superior Court County of San Francisco

Division/Courtroom: N/A

Case Class: Civil

Case Type: Personal Injury-Asbestos

Case Number: 275212

Case Name: Juelch vs Asbestos Defendants (Brayton)

crete ttt A ne erent hear ereeneen===prreerenenne~rrr
Transaction Option: Serve Only - Private

Billing Reference: 3265

Read Status for e-service: Not Purchased

a eeerrneeneeraeemnae mint tte ete erent ener nnerenennyereeiet
Documents List
4 Document(s)

Attached Document, 9 Pages Document ID; 23854544 PDF Format | Original Format
Document Type: Access: Statutory Fee: Linked:
Discovery - use for electronic service only Public $0.00

Document title:
FORM INTERROGATORIES-GENERAL

Attached Document, 8 Pages Document ID: 23854620 PDF Format | Original Format
Document Type: Access: Statutory Fee: Linked:
Discovery - use for electronic service only Public $0.00

Document title:
DEFENDANT 84 LUMBER COMPANY'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF JOYCE JUELCH

Attached Document, 7 Pages Pocument ID: 23854636 PDF Format | Original Format
Document Type: Access: Statutory Fee: Linked:
Discovery - use for electronic service only Public $0.00

Document title:
DEFENDANT 84 LUMBER COMPANY'S REQUEST FOR ADMISSION, SET ONE, TO PLAINTIFF JOYCE 3UELCH

Attached Document, 5 Pages Document ID: 23854674 PDF Format | Original Format
Document Type: Access: Statutory Fee: Linked:
Discovery - use for electronic service only Public $0.00

Document title:
DEFENDANT 84 LUMBER COMPANY'S SPECIAL INTERROGATORIES, SET ONE, TO PLAINTIFF JOYCE JUELCH

Expand All
[2] Sending Parties (2)

Party Party Type . Attorney Firm Attorney Type
84 Lumber Co LP Defendant Yaron, George D Yaron & Associates Attorney in Charge

El Recipients (4)
cd Service List_(1)

Delivery Option Party Party Type Attorney Firm Attorney Type Method
Service Juelch, Joyce Plaintiff Counsel, Asbestos Bp Brayton Purcell LLP-Novato Attorney in Charge E-Service

1 additional Recipients (0)

(2) Case Parties

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@ LexisNexis® | Copyrignt © 2009 texisNexis®, a division of Reed Elsevier Inc. All rights reserved.

hitne-/An3 fileandserve lexisnexis enm/WehServer/WebhPaves/FileAndServe/nrcReviewSubmit asn?daWh | 8/24/2009EXHIBIT CA PF w NHN =

oe IN A

10
M
12
B
14
15
16
17

19
20

21
22
23
24
25
26
27
28

EORGE D, YARON, ESQ, (State Bar #96246)
ITH E, PATTERSON, ESQ. (State Bar #225753)
ICHAEL J. PENG, Ea {Sas Bar #260852)
ARON & ASSOCIATES
01 California Street, 21" Floor
an Francisco, California 94108
elephone: {3 658-2929

ARAL

Bite

facsimile: (415) 658-2930
ttorneys for Defendant
4 LUMBER COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOYCE JUELCH and ) CASE NO. 275212
JORMAN JUELCH, SR., )
DEFENDANT 84 LUMBER
COMPANY’S REQUEST FOR
Plaintiffs, PRODUCTION OF DOCUMENTS,
) SET ONE, TO PLAINTIFF JOYCE
v. ) JUELCH
)
ASBESTOS DEFENDANTS (BP), [Code of Civil Procedure §§ 2031.010 -
2031.060]
Defendants. }
)

PROPOUNDING PARTY: Defendant 84 LUMBER COMPANY
RESPONDING PARTY: Plaintiff JOYCE JUELCH

SET NUMBER: ONE

Defendant 84 LUMBER COMPANY (“84 LUMBER”) requests that Plaintiff JOYCE
ELCH (“Plaintiff”) answer under oath, within thirty (30) days, in accordance with California Code

Request for Production of Documents

f Civil Procedure §§ 2031.210-2031.320, the following requests.
You are hereby notified that at the commencement of trial of this case, 84 LUMBER will ask
he Court for an order precluding you from introducing evidence related to the subject matter of these

quest for production which has not been disclosed by the answers to these requests.1s
2 DEFINITIONS
3 1, The terms “YOU” and “YOUR?” inchide Plaintiff JOYCE JUELCH, anyone acting
4 ln her behalf, her agents, her employees, her companies, their agents, their employees, their
5 jattomeys, their accountants, their investigators, and anyone else acting on their behalf, as defined
6 |in Judicial Council Form interrogatories.
7 2, The term “84 LUMBER” refers to Defendant 84 LUMBER COMPANY and/or its
8 parent or subsidiary companies, successors, related entities, divisions, partners and joint venturers.
9 3. The term “DATE” means to state the day, month, and year.
10 4, The term "PERSON" includes natural persons, a firm, association, organization,
11 |partnership, business, trust, corporation or public entity.
12 3, The term “IDENTIFY,” when used with respect to PERSON(s), shall mean a
13 {statement of the PERSON’s full name, title, residential and business addresses, and telephone
14 fnumbers).
15 6. The term “IDENTIFY,” when used in reference to a location, means to state the name,
16 street address, city, state, and zip code for cach location.
17 7. The term “DOCUMENT” means a writing, as defined in Section 250 of the
18 {California Rules of Evidence, and includes, but is not limited to the originals, copies, band written,
19 jprinted, typed, photostat, photograph or otherwise recorded materials, however produced or

20 freproduced, of every kind and description in whatever form (e.g. final and drafi versions), in your
21 |possession, custody, care or control, including, but not limited to, all writings, correspondence,
22 jetters, notes, memoranda, reports, studies, charts, photographs, videotapes, accounting records,
23 jjournals, calendars, appointment books, diaries, drawings, sound recordings, computer documents,
24 computer diskettes, computer files, and other data compilations from which information can be
25 jbtained or translated. The term “DOCUMENT” also refers to originals and copies of all the above
26 |upon which notations in writing, printed or otherwise, which do not appear on the originals.

27 8. The term “IDENTIFY,” when used in reference to “DOCUMENT(s),” means to
28 |describe specifically the DOCUMENT(s), including a description of its type (e.g., letter

equest for Production of Documents -2-oO wm NY AA BW KH YE

NY N NY NY NY NY NN De w]e ee ea i i
ony AW & BW NY KF SOD wm I AH RB YW YD SE SD

emorandum, telegram, chart, etc.), and to state its date, author, addressee, title, file identification
umber or symbol, and to identify the present Jocation and the name and last known address of the
resent custodian of such DOCUMENT(s). If any such DOCUMENT(s) are no longer in YOUR
ossession or subject to YOUR control, state what disposition was made and the time and date of
disposition, identifying the PERSON having knowledge of its content.

9. The term “IDENTIFY,” when used in reference to a product, means to describe the

oduct by the name under which it is sold in the market place (trade name) its generic name, or any
lang or nickname used in YOUR occupation.

10. The term “RELATING TO” when used with respect to documents shall mean any and
1 documents which in any way or in any manner refer to, relate to, concern, contain, embody, or
lescribe the subject matter referred to in this Request for Production of Documents.

11. The terms “SUPPLY” and “SUPPLIED” shall mean to provide, furnish, or make
available for use.
12, The terms “DISTRIBUTE,” “DISTRIBUTED,” and “DISTRIBUTION” shall mean

to provide or the provision of, supply or supply of, deliver or the delivery of, goods and/or products.

13. The terms “SELL” and “SOLD” shall mean to exchange or deliver for money or its
quivalent,
14. The terms “ADVERTISE” and “ADVERTISED” shall mean to engage ina form of
mmunication whose purpose is to inform potential customers about products and services and how
© obtain and use them.
13. The terms “MANUFACTURE” and “MANUFACTURED” shall mean the organized
tion of making goods and services for sale.
16. The terms “MODIFY” and “MODIFIED” shall mean to change, cause to change,
ake different, or cause a transformation to.
17. The terms “LABEL” and “LABELED” shall mean to mark or assign a brief
escription for purposes of identification.

18. The terms “ASSEMBLE” and “ASSEMBLED” shall mean to piece, set up, or to put

logether the parts of.

equest for Production of Documents -3-we mnt DA BW HY

we NM YY WY NNN ND BD ew re ee ee Oe
PF It DA F&F WM |— SO wD HN Aw BB WHY SE S

19, The terms “MARKET” and “MARKETED” shal! mean to engage in the commercial
romotion, sale, or distribution of products and services.

20. The terms “REBRAND” and “REBRANDED” shall mean the process by which a
roduct or service developed with one brand or company or product line affiliation is marketed or
istributed with a different identity.

21, The terms “TEST” and “TESTED” shall mean to examine in order to determine the
ality, properties, or certain characteristic of a product and/or material.

22, The terms “DESIGN” and “DESIGNED” shall mean the act of working out the form
f something; deliberate ordering of components,

23. The terms “INSPECT” and “INSPECTED” shall mean to audit, examine carefully,
1 a formal evaluation applied to certain characteristics in regard to a product and/or material.

24. The terms “REPAIR” and “REPAIRED” shall mean the act of putting something in

orking order again.
WRITINGS AND OTHER TANGIBLE THINGS REQUESTED
REQUEST FOR PRODUCTION NO. 1:
All DOCUMENTS supporting YOUR contention that 84 LUMBER expressly represented

to YOU that asbestos and asbestos-containing products were of merchantable quality, and safe for
e use for which they were intended.
QUEST FOR PRODUCTION NO. 2:
All DOCUMENTS supporting YOUR contention that 84 LUMBER expressly represented

YOUR ex-husband, John Chambers, that asbestos and asbestos-containing products were of
erchantable quality, and safe for the use for which they were intended.
IREQUEST FOR PRODUCTION NO. 3:
All DOCUMENTS supporting YOUR contention that 84 LUMBER expressly represented

to members of the general public that asbestos and asbestos-containing products were of
Imerchantable quality, and safe for the use for which they were intended.
IREQUEST FOR PRODUCTION NO. 4:

All DOCUMENTS supporting YOUR contention that YOU made purchases from any 84

equest for Production of Documents -4-UMBER retail location, including, but not limited to, sales receipts.
UEST FOR PRODUCTION NO. 5:
All DOCUMENTS RELATING TO the amount or extent of asbestos exposure that YOU

ontend YOU experienced while working with products and/or materials YOU contend that YOU
urchased from any 84 LUMBER location.
UEST FOR PRODUCTION NO. 6:

All DOCUMENTS RELATING TO the duration (minutes, hours, days, etc.) of exposure to

sbestos YOU contend YOU experienced while working with products and/or materials YOU
ontend that YOU purchased from any 84 LUMBER location.

QUEST FOR PRODUCTION NO. 7:

All DOCUMENTS RELATING TO any and all safety precautions which YOU took with

Oo Oo MD mw EF WwW

=
°

—_ oo
Do

gard to YOUR work with any asbestos-containing products YOU allegedly purchased from any

_
we

4 LUMBER location, including, but not limited to, the use of respiratory protection or any other

&

afety equipment or practice.
UEST FOR PRODUCTION NO, 8:
All DOCUMENTS supporting YOUR contention that 84 LUMBER DISTRIBUTED

Se oe oe
a Aw

sbestos-containing products, to which YOU were exposed.
EST FOR PRODUCTION NO. 9:
All DOCUMENTS supporting YOUR contention that 84 LUMBER SOLD asbestos-

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ontaining products, to which YOU were exposed.
UEST FOR PRODUCTION NO, 10:
All DOCUMENTS supporting YOUR contention that 84 LUMBER SUPPLIED asbestos-

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pontaining products, to which YOU were exposed.
IREQUEST FOR PRODUCTION NO. 11:
All DOCUMENTS supporting YOUR contention that 84 LUMBER ADVERTISED

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lasbestos-containing products, to which YOU were exposed.
IREQUEST FOR PRODUCTION NO. 12:
All DOCUMENTS supporting YOUR contention that 84 LUMBER MANUFACTURED

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‘equest for Production of Documents -5-sbestos-containing products, to which YOU were exposed.
UEST FOR PRODUCTION NO. 13:
All DOCUMENTS supporting YOUR contention that 84 LUMBER MODIFIED asbestos-

taining products, to which YOU were exposed.

IREQUEST FOR PRODUCTION NO. 14:
All DOCUMENTS supporting YOUR contention that 84 LUMBER LABELED asbestos-

containing products, to which YOU were exposed.
IREQUEST FOR PRODUCTION NO. 15:
All DOCUMENTS supporting YOUR contention that 84 LUMBER ASSEMBLED asbestos-

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containing products, to which YOU were exposed.
IREQUEST FOR PRODUCTION NO. 16:
Ali DOCUMENTS supporting YOUR contention that 84 LUMBER MARKETED asbestos-

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ee products, to which YOU were exposed.
QUEST FOR PRODUCTION NO. 17:
All DOCUMENTS supporting YOUR contention that 84 LUMBER REBRANDED asbestos-

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Icontaining products, to which YOU were exposed.
EST FOR PRODUCTION NO. 18:
All DOCUMENTS supporting YOUR contention that 84 LUMBER TESTED asbestos-

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containing products, to which YOU were exposed.
UEST FOR PRODUCTION NO. 19:
All DOCUMENTS supporting YOUR contention that 84 LUMBER DESIGNED asbestos-

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ontaining products, to which YOU were exposed.

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QUEST FOR PRODUCTION NO. 20:
AILDOCUMENTS supporting YOUR contention that 84 LUMBER INSPECTED asbestos-

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ontaining products, to which YOU were exposed.

EST FOR PRODUCTION NO. 21:

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All DOCUMENTS supporting YOUR contention that 84 LUMBER REPAIRED asbestos-

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ontaining products, to which YOU were exposed.

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QUEST FOR PRODUCTION NO. 22:

All DOCUMENTS IDENTIFIED in YOUR Responses to 84 LUMBER’S Special

terrogatories, Set One, served concurrently herewith.

ATED: August 24, 2009

By:

Request for Production of Documents

YARON & ASSOCIATES

7 LD

*t
GEORGE D. YARON
KEITH E. PATTERSON
MICHAEL J. PENG
Attorneys for Defendant
84 LUMBER COMPANYPROOF OF SERVICE

Tam over 18 years of age and not a party to the within action. I am employed in the County
of San Francisco; my business address is Yaron & Associates, 601 California Street, 21st Floor, San
Francisco, California 94108-2826.

On August 24, 2009, at or about, 3:15 p.m., J served the within:

DEFENDANT 84 LUMBER COMPANY’S REQUEST FOR PRODUCTION OF
DOCUMENTS, SET ONE TO PLAINTIFF JOYCE JUELCH

addressed to:

David Donadio
BRAYTON #PURCELL
222 Rush Landing Road
P.O. Box 6169
Novato, CA 94948
Tel. (415) 898-1555
Fax (415) 898-1247
(Attorneys for Plaintiff's)

With Notice to All Defense Counsel via U.S. Mail - See Attached Service List

VIA E-MAIL OR ELECTRONIC TRANSMISSION. Based ona court order o