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

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                                1 | EUGENE BROWN, JR. (SBN: 079824) |
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2 | FELICE BROWN EASSA & MCLEOD LLP
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{

DAVID-A. PEREDA (SBN: 237982)
1999 Harrison Street, Suite 1800 ELECTRONICALLY
3 | Oakland, California 94612-3520 FILED
Telephone: (S10) 444-3131 Superior C ‘fornk
4 | Baesimile: — (310)839-7940 oanty ch Son Pranologe
5 | Attorneys for Defendant . FEB 24 2010 i
FOSCO REFINING COMPANY, INC. BY CHRISTLE ARRIOLA |
6 Deputy Olek
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO.
0
li | JOYCETUELCH AND NORMAN CASE NO. CGC09-275212
JUELCH, SR.
12 EXHIBIT A TO THE DECLARATION OF
Plaintiffs, DAVID A. PEREDA IN SUPPORT OF
3 FOSCO REFINING COMPANY, INC'S
Vv. MOTION FOR SUMMARY JUDGMENT
4
ASBESTOS DEFENDANTS (BP), Date: March 18,2010 /
15 | Time: 930 am.
Defendant. | Depts 220
16 Judge: Hon. Harold &. Kahn
Trial Date: April 3, 2010
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PREGM

EXHIBIT ATO THE DECLARA AVEDA, PEREDA IN SUPPORT OF TOSCO R
COMPANY, INC.'S MOTION FOR SUMMARY JUDGMENTok

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF. SAN FRANCISCO
ian 000-->

JOYCE JUELCH and NORMAN JUELCH,

a4

Plaintiffs,

No, 276212.

vs.
ASBESTOS DEFENDANTS,

Defendants.

DISCOVERY DEPOSITION OF JOYCE JUELCH

VOLUME J

(Pages 1 to 184, inclusive)

Taken before SANDRA M. LEE
CSR No. 9971
September 416, 2009

. One Kaiser Plaza, Suite 505
le Oakland, California 94612
‘s Ph 510-451-1580
nae Fax 510-451-3797

 www.aikenwelch.com —wk

Noh NR a a a a
COR Ww UNM OO NO BN me

2-08 @ NN O & BR & ON

169.

Q. Did you work at any other Tosco-owned facility?
A. The only other. place was Dow Chemical, was what.
T-worked at. Tosco is the only... /
~Q. But Dow wasn't owned by Tosco?
“No. -
Did you work in the refinery proper?

In the refinery.

oF Poe

And in order to “get into the refinery, you have
to go through a checkpoint; is that correct?

A. Yes.

a. And then there's a Plant yard on. Solanc Way.
right, that’s as you're driving through the refinery on
Solano would be off to the left, right?

A.. Yes.

Q. In that yard, Plant had a trailer, right?

A. I'm trying to think, “Yes.

Q: “They also stored. -- and they, had boxes of
material stared in that yard as well, correct?

A. Yes, .

And when were you at Tosco. in Avon?

@
A I A. 1 think in. ‘83.
Q. Is this before or during ‘the time when you were
doing research on asbestos?
OAL You know, Tr didn’ t really start ooking until

my third year. It was before I started researching.

Aiken Welch Shorthand Reporters. Joyce Juelch 9/16/2009474 |

1 A. With insulation.

2 Q@. -- with insulation and covered --

3 A. And covered with black.

4 &. Now, did you remove any of the insulation?

5 | You.

6 Arrond._Mid not remove the in

7 | /was working with removed it.

8 Q. How much insulation did the mechanic remove in
9 your presence during the approximate two months that you
10 were at Tosco?

11 A. It's very hard to say because I'm kind of in
12 and out bringing material to other -- other people, I'm
13 not just standing there, you know. I'm not just

14 standing. I have to get other material for other

45 mechanics.

16 Q. I understand, but can you tel? me for the

17 approximate two months that. you were there how much

18 insulation did you see removed?

19 A. I don't know that. I don’t know how much.

20 Q. Let me ask you this: In terms of any

24 insulation that you saw removed at the Avon Refinery --
22 and it was removed by the Plant person, correct?

23 A. Yes.

24 Q@. The mechanic, correct?

25 A. Some. There was some that was taken off by

Aiken Welch Shorthand Reporters Joyce Juelch 9/16/2009179

A.__OFf the valve. :
Q..Was this like a -- was this a pad? When I say

ed

2
3 ta.pad."do_you know what I'm talking about?
4 Ph sola oS TLOW what 4, pad is _Ituas_not.apad.
5 Q. Was it block?
6 A. It was --. it's insulation nat is made.to go
7 around the “valve. You can -- it's like pipe covering,
8 but you can conform the pipe “covering to the. valve. And
9 then you. have your insulation that isoon the pipes that
10 come “up to valve. You go around the valve with. this
41 pipe covering large enough to surround the valve.
12 Q.. Dillingham was a contractor, right?
13 A. Yes.” oe
14 Q. Bechtel was a contractor, correct?
15 AL Yes...
16 a. “What size valve did Dil1ingham remove the.
17] insulation From? :
18 OA. They were ‘pasteelty the same size.
19 NR. BRAYTON: Let me interpose an ‘object on.
20 The question is vague in terms of what dimension yous re.
24 asking for. . Are you asking for the dimension of the
22 pipe that was associated with the valve or the overall
23 ‘size of the valve?
. 24 MR. BROWN: ~ No. ~ What I was asking about was
e 25 the valve. Tf I want to. talk about pipe, I'11 say

Aiken Welch Shorthand Reporters Joyce Jueloh 9/16/2009ye

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IN THE SUPERIOR. COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

~~ O00~ ~~
JOYCE JUELCH and NORMAN JUELCH, Pe
SR “ COALS A
° wi tl

Plaintiffs,
No. 275212
vs.
ASBESTOS DEFENDANTS,

Defendants.

VOLUME II
(Pages 185 to 317, inclusive)

Taken before SANDRA M, LEE
CSR No. 9974
September 17, 2009

One Kaiser Plaza, Suite 505
Oakland, California 94612
Ph 510-451-1580

Fax 510-451-3797
www.alkenwelch.comoO © NN @ Go & WO NH

=

191

JOYCE JUELCH,
previously sworn as a witness,
testified as follows:

EXAMINATION BY MR. BROWN:

Q. Good morning, Miss Juelch,
You understand you're still under oath?
A. Yes.
Q. We're going to continue with your deposition.

Yesterday you told us that there were three
accasions when you worked at Tosco and some insulation
was removed.

Do you recall that?

A. Yes,
Q. And once it was done by Plant Insulation that
you worked for, correct?

MR. BRAYTON: IT think that mis -- I think it
misstates the testimony. T.think her testimony was that
mechanics did that work and other people did it. Then
she described two other people.

BY MR. BROWN:

Q.. d understand, but you were working for Plant,.
right?

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009492

As Right.

correct?

Q..Who was the other?

A. Ken Goforth, Norman Juelch. And there was on

other gent] nothere, but I can't think of his name at

the moment.

MS. RICHARDSON: I'm sorry. Can I have that

answer read back?

Q. Did they remove this insulation all at one

Was several different layers of pipe. They kind of laid

boxes. that I had brought over there.
O...They. were -: they were removing this insu

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009Oo © © NSN OD oO & © NM SF

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A..[he flanges, the valves, so they could do their

work. They did remove some of the lines of the pipe>

Q.. But if you were -- if you were r
ange, you wouldn't have t

insulation to get to a.

remove all the insulation on the pipe, correct?

A. No

entire line?

A, No, It wouldn't be the whole line.

rnc

O.You told us that these areas where they removed

if then they would take the insulation off,

ight?
wht ES.
losulation to you, correct?
A. My people, yes.

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Yes.

dime, .correct?
A. Yes.

insulation?

A, Approximately for the amount in this one area

that we were at, I would say it took them about an hour

and a half.

Q, You say “in this one area."

during the time that you were there?
As. 18S,
G...wMihich is about the approximate two months?.
A.__Yes.
Q..._How many. different areas did they remove.
insulation from?
A, Approximately six different areas, because they

were in different areas of the plant, too. They weren'ty

all_in that one area where we started out atu.

Q. Did the group of you move from one area to the

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009195

Ain

go with another group over to a different area and we.

would kind of spread out.

+60 didn't work in all six areas?

Q
Ay Ne.
Q

AsuwMy,.mechanic. that I worked with was Norman

ME Lb.

Q. In the second area, you worked with Mr. Juelch? |

A. Yes.
Q. In that area, he removed insulation, correct?.
A, Yes.

Q.. Do you remember what he removed it from?

Q
A. It was two val

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They were elevated. We -- we were pretty high up on the

Q. How much -- how long was the pipe? It was

Move around too well. It was kind of slow on doing the

pipe?
MR. BRAYTON: Are you asking "you" ‘singularor..
plural?

was doing.

Q. How much insulation did he remove from the

Pipe?
wAr tm trying to think in sections. I would say

about ten sections that he undone, and then I would

L _

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A. Sections. I call them sections. It's -- the.

pipe -- the pipe covering itself comes in sections.
they're so long (indicating). and ther

Sections, because they hav
Q.. You were indicating a section 18 inches... two.

feet?

wea, t 2S

As ouktthisarea.where we were at on top of the...

&. Bid he do it in the way you described before,
Ax Yeah. He would snip the wire, and then we.

Then you can lay it down to the side, and.

didn't fall.

then take the other half, continue snipping until you.

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A. It was taken down. I would take it down off.

the pipe rack, You had to take it down fairly soon

because the pipe racks move every so often. When they

fun the material through the pipes, it will get to going

Set was thrown away?

A, tt was thrown away.

Q. In this section that you're working with Mr.

a, how many times did the

insulation that you removed -- let me ask you this:

A, Vimewise, I do not know when it was installed.
quite nasty -ke-it had’ peer there quite-awhile., It

Q,. Was this outdoors?

Q. Areyou-abteto—-say—whether it head. been there

Aiken Welch Shorthand Reporters Joyce Juetch 9/17/2009199

4

2

3

4

5

6

7

8

9 A, Yes, A little further on down from where we
10 were working there, we had to move down -- there was two

14 was the same size, eight-inch line, and about the same

15 | amount of insulation that we removed.
16 &:...ten three-foot sections?

17 A._Ub-huh

18 Q. Correct?

19 A. Correct.

20 Q. How long did: it take Mr. J

22 | first one?

23 me CODER LY about an pour.

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009200
1 &._And then did he remove the insulation -- were
2 the valves insulated?
3 ob cad BS, ty
4 2, Did he remove insulation from the valves?
5 An Yes.
6 Q. There were two valves?
7 wim I fre was two valves.
8 uf _How Tong did it take him to remove the.
9 | insulation from the valves?
10 Az_It took bi
11 be more careful of the way that the -- the way that
12) they're insulated where you don't drop -- you goa
13 little slower in removing it.
14 &...1t was an hour for both valves?
15 A. Both valves.
16 GOOF each valye? |
17 Atumukach valve,
18 dimit took about two hours to remove the

19 dnsulation --

20 A. Right.
24 Qenntcinah OMENS YAlVes 2.
22 et me just remind you, Yesterday. when we.

23 Started. I said it would be important that one of us.
24 | speak at a time so that the reporter can accurately

ee 25 record what we're saving. So I'm going to try to Jet.
titties

Aiken Welch Shorthand Reporters Joyce Jueich 9/17/2009—

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you finish answering the question before 1 ask another

time.

wih, Juelch.

carrying down and discarding, correct?

A. Yes.

Q@. Is that all of the removal that you did in this

second area? |
A. Yes

Q. What did Mr, Goforth and Mr. Freeman.remove,

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009oOo 2e Cc NN OO OO FB B&B NM SF

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ipe.

Q. You didn’t remove any insulation or they didn’t.

Ehere on the bottom layer, the bottom half, the material

Q. What did they do in this third area? |

An... hey just removed the pipe covering.

2. Not anything on the valves or flanges?

Q. How Tong did it take Mr. Goforth and Mr.

Q.. How much did they remove in that half hour?

a

bdr D.fOp 2 on the second layer there where he

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about ten feet.

a.

oA

Q.. How much did Mr.

A. Approximately about 15 feet.

Q..in total, they removed about 25 feet --
Pst, Fear, .

Q.. Did they remove any more insulation in this

Worked in; is that correct? _

A. That] with them, yes.

~BY_MR. BROWN:

f the insulation. That's what we're talking

A... Yes.

sanbebatarmmnnt inne taenie

ws

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009204

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Q.

Could you tell whether it had been there -~

Asem mewl se. --

Q. un: five years or ten years?.

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16 | was "five years or better."

17 wHE WITNESS: The app

18

19

20

21 Deanne ltl OuU.mean by “cracking"?

22 wits... he, black mastic after it's been sitting for --

24 | anything. It takes a while for it to do it, but

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009205

mastic itself. [t's just like it's cracking. |

suniue-

ww ARI gn e

wht SS 5,
O_Did you -: you told us it t
pour to remove that?

ww Piro B80

about a half

Pr tmnt BS.

Q. Now, are those the only areas, these three
areas, that you were involved in the removal of
insulation at the Tosco/Avon Refinery in 19837

A, Yes. Then I had other chores. I had to do.

Q@. In terms of this work, who told Plant where to
go to do. the work?

A. When we come in in the morning, it was the
foreman that told the mechanics where to -- where their
job sites were, where they were to go to.

Q. Who was the foreman?

A. Steve Steele was the foreman.

Q. During your tenure, the time you worked for
Plant, did you ever learn that Plant Insulation had been

the primary insulation contractor at the Avon Refinery

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Q. How about Mr. Goforth; was this his first time
working at the Avon Refinery?

A. No, it was not.

Q. How about Mr. Jueich; was it his first time?

A. It was -- I’m trying to think. I know he had
worked at Shel] several times.

Q. I'm just talking about Tosco, the Avon
Refinery.

A. I know he worked there several times.

Before 1983 with you?

Q
A. Yes.
a.

-pipes._™£could you tell who manufactured that insulation?
wo Arorl One k. COULd not.

expert opinion,
—IHE.WIINESS:. Ts: T couldn't -- F couldn't

wlemoved today to see what was in it, where would I go to
get it?

Aso AY OW Wanted £0 test it, it's sent. to a.

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009208

OQ. No, mo, no. My question wasn't clear,

If IT-wanted to get. the insulation that. you took

gown -- if I wanted that specific insulation, could I.

pot stored on the plant site.
BY_MR. BROWN:

Qu... Woes it exist today?

ben
BY. MR. BROWN:

G..._But it's not there anymore?

Ano ES Gt there onthe plant site, nae.

A, LALS..Ween discarded somewhere?

AmmmbtnnG.-_A Ben. discarded,

8. Bo you have access to it?

Asm NOs,

Q. Do you know if anyone tested ‘the insulation.
that was. removed.by Mr. Freeman,._Mr. Goforth and Mr.
Juelohin 1983 to determine whether it.contained...
asbestos or not?

Ait do not know.

Lene

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009209

_

Q. Was there a color-coding system used at the

2 refinery, the Avon Refinery, when you were there?

3 A. No one ever expressed jt to me.

4 Q. Now, during the two months you were there, did

5 you also work with a mechanic who was reinstalling

6 insulation?

7 A. Yes.

8 Q. The reinstallation would be what. was going on

9 at these times other than the times you told me about

10 the removal, correct?

4 A. Yes.

12 Q. So in removing insulation, it looks like it was

43 about four and a half to five hours during the two

14 | months that you worked in the refinery, correct?

15 PrcirnM BB te

16 Q. And the rest of the time, the rest of the two

17 months, you were working, with a mechanic who was

18 installing the insulation, correct?

19 A. Yes,

20 Q. And the insulation that you were installing was

21 this -- was it Kaylo or Pabco?

22 A. Actually, it was both. According to the boxes

23 that I would bring out to the mechanics, on the boxes

24 some of them would have the label Owens. & Corning and
me 25 some of them would have the label of Pabco.

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009214

1 A, And wire. I took wire.

2 fin total -- what did you do the rest of the

3 | time? That is, when you weren't retrieving and staging

ihe material for the insulators and after they had

a : i i edid you do there?
wA..._=A—Gane Cleanup.

4
5
6
7 Q@. And how did you clean up?
8
9
0

A. If the items were big, I picked them up with my
hands and put them in the box. And I had a small Tittle
rake; it wasn’t a big one. It was just a little small
14 one that I used in my box to try to put the material
12 together in order to pick it up. You had to be careful,

13 because if you crumbled it, you had an awful lot of dust

14 that would come from it. That was part of my job, to

15 pick up after my mechanics, my insulators.

16 Q. Who gave you that instruction to clean up after
17 your crew? ,

18 A. It's the foreman,

19. Q. Did the other apprentices also clean up with

20 their crews?

21 A. They cleaned up their crews.

22 Q. Did you understand that this was part of the

23 contract, that the contractor was to keep the work area

24 clean?

rc 26 A. Yes.

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Q. Did Mr. Juelch smoke?

A. Yes.

Q. Did Mr. Goforth smoke?

A. Yes.

Q. Did Mr. Freeman smoke?

A. No. He didn't smoke.

Q. Why didn't Mr. Freeman smoke?

MR. BRAYTON: Calls for speculation, lacks

foundation.

THE WITNESS: As far as I know, he never smoked
as tong as I knew him.
BY MR. BROWN:

Q. Did you talk to him as to why he didn't smoke?

A. No.

G. How about Steve Steele; did Steve Steele smoke
with you guys?

A, No.

..._._Have we talked about everything that you did at
the Avon Refinery?

Ameverything that I did. ves.

WO, AVS, We. talked about everything that your crew
Mid. Freeman. Mr. Goforth and Mr. Juelen?. Tm only.
talking about that time when you worked there, at the
Avon Refinery. -

Bs VES. tne

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009[ 248 ]

cos 4 Q. And you talked about Dillingham and Bechtel
2 yesterday.
3 A. Yes,
4 Q. You've had overnight.
5 Have you thought of any other people who were
6 removing or reinstalling insulation there other than
7 Plant, Dillingham and Bechtel?

8 A. There wasn’t anyone else that I recall. Excuse

9 me. Tosco maintenance was doing cleaning up.

10 Q. Where were they cleaning? Tosco maintenance,
11 where were they cleaning up?
12 A. They were cleaning up ali along the lines. It

13 was underneath the pipe racks. They had their pickup,

14 and they would come down the line and get out and they'd
45 sweep and they'd rake.
16 MR. BRAYTON: Let's go off the record for a

17 moment.

18 (Recess taken.)

19 BY MR. BROWN:

20 &...Miss Juelch, you were talking about a Tosco

24

22

23

24 MR...BRAYTON: It's sort of asked and answered.
r 25 oO. ANGE...

|

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009216

~THE WITNESS: They were -- basically they were

around my area wheres my people were, that I would pick
this _sturf up and see that it was cleaned up, because

-Lhey..were very sloppy. I call it sloppiness. They were
making alot of dust upon their sweeping. They.used.
these big brooms and shovels and large rakes. Our.
material, if it br

there's dust on the ground from previous workers, But.

that.was what they were supposed to do, was. fo clean up.
BY_MR.. BROWN:

&.._They..would come and clean after you cleaned?

0... And when they were cleaning after you
cleaned --and you cleaned at the end of the job. right?

ibn BB

~O.... .When you. finished cleaning.,..what did you do:
id you stay there or did you leave?

A. Usually I stayed there until whenever my people
left. and that's when I left. I had to make sure.
everything was cleaned up. I was usually the last
person to leave that site.

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bso A BS.
O...Then after you left, are you saying Tosco |

ld come?

going everywhere.

Q.... Did you leave dust there when you left?

up the hard stuff, you know, the ones that are chunks.

The.ones that had been walked on, they're usually mashed

the grou ¢d that's why

you.sweep it. you're going to bring -- bring it back up.
it was getting kind of dusty there. They were getting

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WO... Wasi always after the Plant crew had finished

theic work?

[hey.had a truck, and they would just go around the
plant and they would stop in. different areas....They

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of moves it around, but it doesn't -- if doesn't make as
much dust,

wf. .But as you sit here now, you don't know that

A.No.. I gould not say.

@. Do you have any recall of the atmospheric
conditions you were working in at the time: in other
words, was it- rainy when you were there?

A. One time.

Q. And did the wind have a tendency to blow
through that area of Contra Costa County?

A. Sometimes the wind would blow.

Q. It would rain in -- well, you were there in
83, right?
A. Yes.

@. It rained in ‘82, ‘81, °80, ‘79, ‘78 -~
MR. BRAYTON: Calis for speculation,
argumentative,
BY MR. BROWN:
Q. -- right?
MR. BRAYTON: She wasn't there.

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_BYMR. BROWN:

Q. Are you aware of anybody ever testing any of

THE WITNESS: I didn

apprentice. I guess in my own way of thinking it should
have been one of the mechanics that had requested this
because --
BY MR. BROWN:
Q. Don't misunderstand me. I'm not saying that

the mechanics should have done it.

What I'm saying is: If you wanted to know now

what was in that dust, would you have it tested?

MR. BRAYTON: Argumentative, lacks foundation,

assumes facts, calls for speculation.

THE WITNESS: You can have it tested, yes.

Aiken Welch Shorthand Reporters Joyce Juelch 9/17/2009