On May 20, 2009 a Exhibit,Appendix was filed involving a dispute between Juelch, Joyce, Juelch Sr, Norman, and 3M Company, 84 Lumber Company, 84 Lumber Company, A Limited Partnership, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Asbestos Defendants, Cbs Corporation, A Delaware Corporation, F K A, Chevron U.S.A. Inc., Consolidated Insulation, Inc., Csk Auto, Inc., Dillingham Construction N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., Garlock Sealing Technologies, Llc, General Electric Company, Genuine Parts Company, Hamilton Materials, Inc., J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Metalclad Insulation Corporation, Oscar E. Erickson, Inc., Pacific Gas And Electric Company, Pacipic Bell Telephone Company, Parker Hannifin Corporation, Quintec Industries, Inc., Redwood Plumbing Co., Inc., Santa Fe Braun, Inc., Sequoia Ventures Inc., Shell Oil Company, Thomas Dee Engineering Company, Timec Company, Inc., Tosco Refining Company, Inc., Union Carbide Corporation, Union Oil Company Of California, Unocal Corporation, for ASBESTOS in the District Court of San Francisco County.
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1) EUGENE BROWN, JR. (SBN: 079824) DAVID A. PEREDA (SBN: 237982) 2 | FILICE BROWN EASSA & MCLEOD LLP 1999 Harrison Street, Suite 1800 ELECTRONICALLY 3.) Oakland, California 94612-3520 Telephone: (510) 444-3131 supeky IL ED 4 | Facsimile: (510).839-7940 County of San Francisco 5 Attorneys for Defendant FEB 24 20 10 POSCO REFINING COMPANY, INC. BY. CHRISTE ARRVOL AL | 6 Deputy Clerk 1 | 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 TL | JOYCE JUELCH AND NORMAN CASENO. CGC09-275212 JUELCH, SR., 12 EXHIBIT C TO THE DECLARATION OF Plaintiffs, DAVIDA. PEREDA IN SUPPORT OF 13 TOSCO REFINING COMPANY, INCIS Vv. MOTION FOR SUMMARY JUDGMENT 14 ASBESTOS DEFENDANTS (BP), Date: March 18,2010 18 Time: 9:30 am, Defendant. Dept: 220 16 Judge: Hon. Harold E. Kahn Trial Date: April 5, 2010, 7 1 8 enn ti epee cnentninanninninamannnt 19 | 20 | 2 i 22 23 24 25 26 | 27 240 THE DECLARATION OF DAVID A. PEREDA IN SU | COMPANY, INCUS MOTION FOR SUMMARY JUDGMENT |IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA EN AND FOR THE COUNTY OF SAN FRANCTSCO en IQ 2 =~ NORMAN JUELCH, Plaintiff, vs. No. SFSC 487464 ASBESTOS . DEFENDANTS , Defendants. DEPOSITION OF NORMAN JUELCH VOLUME TY (Pages 560 - 720} Taken before JEANNIE M, CHIMPKY CSR No. Lavaz May 22, 2008 Aiken & Welch Court Reporters N. Jueich, V.4 5-22-08 38ee2acT-Ba22-4a0a-98b2-deb30idG0a29Page 648 | + the refinery? 2 A. Just the maintenance. 3 Q. I'm sorry. Was there a response? 4 MR. SOLOMON: "Just the maintenance." 5 BY MS. ACEVEDO: 6 Q. Did you see the maintenance employees 7 performing work? 8 A, Yes. a Q. And you believe these maintenance men were re Tosco employees; is that correct? i A. Pretty sure they are, yeah. ta ®. Were they wearing any hardhats, coveralls or i anvthing to indicate that they were a Tosco employee? M4 A. You want to ask that question again. 15 Q. How did you know they were Tosco employees? 16 A. Coveralls and hardhats. uu Q. Were the hardhats any particular color? v8 A: I don't know, ma‘am. 19 ®. Do you recall seeing any writings, markings or 20 logos on the hardhats? an A. I don't recall. aa Q. Same for the coveralls; were there any 23 writings, markings or logos on the coveralls to let you a4 know this was a Tosco employee? 28 A, I don't recall. Aiken & Welch Court Reporters N. Juelch, v.4 5-22-08 39ee2ac7-8a32-4aba-98b2-dcb30fdaGa2825 Page 650 ©. Do you know what they were cleaning up? A. © don't have any idea. ©. Do you have -- MR, SOLOMON: Wait, wait. He was giving further testimony there. MS. ACEVEDO: My apologies. THE WITNESS: The debris and stuff that we put on the pipes, they collected I guess on the ground and stuff like that. The pipe in the area, we try to keep it as clean as we can where I'm working at, but you're working on grading and a lot of times it falls down through onto the pavement and stuff like that. BY MS. ACEVEDO: Q. Were these Tosco maintenance employees cleaning | up work after -- cleaning up materials after you performed your work? A. Pardon? Q. That was a poor question. I'm ona roll of those today. Were these maintenance workers that you saw and believe to be Tosco employees cleaning up the areas, were they cleaning up materials that you had installed? A, That plus others, whatever hit the floor. ©. So they were cleaning up possibly your materials and other materials. Do you know if any of Aiken & Welch Court Reporters N. Juelch, V.4 5-22-08 3Gee2ac7-BadZ-dala-98b2-doh30idasaZg5 A. 6 Q. 2 the other materials contained asbestos? “hnetennnnineitsittttnnancepatinannenetinnsintnannnnscnannatintaninenen 4 contained asbestos? 7 any respiratory protection when you performed your Page 651) Ihave no idea. Did you ever have it tested to see TE it I never did, no. pid you perform any respiratory ~-- Did you. wear |, 8 Work? 2 A. Paper mask. 18 Q. Did you wear any coveralls or overall? a3 A. Yes, I did. 42 Q. You mentioned before that you wore paper 18 coveralls. What did you wear at Tosco? 14 A. What did I wear at Tosco? us Q. Yeah. What kind of overalls or coveralls? 16 A, What kind of coveralls? an Q. Yeah. Were they cloth or paper? 18 A. Both. 19 Qo. Both cloth and paper? 20 A, Yeah. an QO. So you would wear -- Would you wear the cloth 22 ever the paper? 23 A. Right. 24 Q@. Would you wear the paper over the cloth? as A. Right. | Aiken & Welch Court Reporters N. Juelch, V.4 5-22-08 3eelac?-Ga32-4a0a-B8b2-dcbI0idgwWe2s