Party Discovery: CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS

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William.M. Hake, Esq. (State Bar No. 110956)
Melissa R, Badgett, Esq. (State Bar No. 246238}
Femando C. Saldivar, Esq. (State Bar No. 241035)

COOLEY MANION JONES HAKE KUROWSKI LLP

444 South Flower Street, Suite 1550.
Los Angeles, CA 90071

Tel: (213) 622-7300

Fax: (213) 622-7313

Attorneys for Defendant

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

JUL 23 2010

Clerk of the Court
BY: CHRISTLE ARRIOLA

TEMPORARY PLANT CLEANERS, INC. Deputy Clerk
IN -THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE-COUNTY OF SAN FRANCISCO.
CHARLES HUSBAND, Case No: CGC-09-275098
Plaintiff, DECLARATION OF FERNANDO C.
SALDIVAR IN SUPPORT OF MOTION TO
v. COMPEL VERIFIED RESPONSES TO
TEMPORARY PLANT CLEANERS, INC.’S
ASBESTOS DEFENDANTS (B*P), SPECIALLY PREPARED
INTERROGATORIES TO PLAINTIFF, SET
Defendants. ONE
Dept: 206

Date: August 19, 2010
Time: 9:30 am.
Judge: Hon. James McBride

DECLARATION OF FERNANDO C. SALDIVAR

I, Fernando C. Saldivar, declare as follows:

1 Tam an attorney-at law duly licensed to practice before all of the courts in the

State‘of California. I am associated with the law firm of Cooley Manion Jones Hake Kurowski

LLP, counsel of record for Defendant Temporary Plant Cleaners, Inc. (hereinafter “TPC*) in

this action. [have personal knowledge-of the facts set forth in the Declaration and, if called as a

witness, could and would testify competently to such facts underoath.

2. Plaintiff initiated this action by filing the operative Complaint on March 2, 2009.

TPC was served on March 24, 2009. Trial is currently set for October 4, 2010,

3. Plaintiff served responses to General Order 129 Standard Interrogatories, Set.One

ANSWERS TO SPECIALLY PREPARED INTERROGATORIESto

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on Apri 3.2009. Responses to » General Order Standard interrogatories, Set Two were served
on January 4, 2010.

4A in an attempt to further determine the scope of Plaintiff's claims apatist it, as
well as evidence i in support thereof, TPC served.an initial round of client-specific written
discovery on March 31, 2010. Included in that discovery were TPC’s Specially. Prepared
Interrogatories to Plaintiff, Set One. Attached as Exhibit “A” is a true and correet copy of TPC’s
Specially Prepared Intertogatoties to Plaintii, Set One, /

5. TRC served a total of S2 specially prepared i interrogatories. Accompanying its
request was the Declaration of Beau Lafayette Epperly for Additional Discovery.

6, On May 12, 2010, Plaintiff served unverified responses to TPC’s Specially
Prepared Interrogatories, Set One. Attached as Exhibit “B” is a true and correct copy of
Plaintiff's unverified responses to TPC"s Specially Prepared Interrogatories, Set One. /

4. On May 20, 201 O, Plaintiff! served a signed verification for his responses to
TPC's Specially Prepared Interrogatories, Set One. Attached as Exhibit “C's a true.and

correct copy of Plaintiff's verification to his responses to TPC’s Specially. Prepared

interrogatories, Set One.

8. Although Plaintiff provided individual gbisctions and responses. for
interrogatories Nos. | through 35, he merely provided.a. blanket “Response to Interrogatory -
Nos. 36-52” objecting to the Declaration of Beau ‘Lafayette Epperly for Additional Discovery
and refusing g to provide any responses to. interrogatories in excess of 35.

9. ~On-July 6, 2010, TPC senta meet and confer letter to Plaintitt requesting
responses, without objection, t6 interrogatories Nos..36 throtgh 52. Attached as Exhibit *D"is
a true and correct copy of TPC’s meetand confer letter to Plainff,

10. ‘Thereatter, on July 8, 2010, Plaintiff sent correspondence in response to TPC’s

meet and confer effort, maintaining the position that they would not answer of any of TPC’s

‘specially prepared interrogatories in excess of 35, Attached as Exhibit “E” ig.a true and correct

copy of Plaintiff's correspondence to T! PC.

uu. In an additional attempt to resolve, this mater amicably, I sent z an. sidditional meet :

“DEFENDANT TEMPO!

YoPLANT
ANSWERS TO S)

ALLY PREPARED INTERROGATORIESand confer correspondence to Plaintiff.on July 14,2010, reiterating TPC's demand for responses
to the seventeen unanswered interrogatories.. Attached as Exhibit “F” is a true.and correct copy
of TPC’s meet and confer correspondence.

2. ‘Yo-date, there has. been no response to TPC’s latest meet and confer effort.

3. Specifically, TPC requests the Court. to compel Plaintiff to provide verified
responses, without objection, to Interrogatory Nos. 36, 37, 38, 39, 40, 41,42, 43, 44, 45,46, 47,
48, 49, 50, 51 and 52.

4, Lf TPC is deprived-of obtaining these responses from Plaintiff, TPC will be
unfairly prendiced in defending itseif-at trial.

Executed this 23" day of hily, 2010, at Los Angeles, California.

declare under penalty of perjury under the laws of the State.of California that the.

foregoing is true‘and correct.

Fernando C. Saldivar

EMPORARY PLANT
ANSWERS TO §

ERS, INC.’S MOTION TO COMPLEL PLAINTIFF TO PROVIDE
TALLY PREPARED INTERROGATORIESEXHIBIT ASB NS DR

FRANK D, POND(BAR NO. 126191)

GAVIN D, WHITIS (BAR NO. 184133)

BEAU LAFAYETTE EPPERLY (BAR NO. 242571)
POND NORTH LLP

350 South Grand Avenue, Suite 3300

Los Angeles, CA 90071

Telephone: (213).617-6170

Facsimile: (213) 623-3594

Attorneys for Defendant
TEMPORARY PLANT CLEANERS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR: THE COUNTY OF SAN FRANCISCO
CHARLES HUSBAND, Case No: CGC-09-275098
Plaintiff, DEFENDANT TEMPORARY PLANT
CLEANERS, INC?S SPECIALLY-PREPARED
VS. INTERROGATORIES TO PLAINTIFF, SET

ONE

ASBESTOS DEFENDANTS (B*P),

Defendants. Case Filed: March 2, 2009
Trial Date: = October-4, 2010

PROPOUNDING PARTY: Defendant TEMPORARY PLANT CLEANERS, INC,
RESPONDING PARTY: Plaintiff CHARLES HUSBAND
SET NUMBER: ONE

Pursuant to section 2030.010, ef seq. of the Code of Civil Procedure, Defendant
TEMPORARY PLANT CLEANERS, INC. requests that Plaintiff CHARLES HUSBAND
answer fully, in writing and under oath, within thirty days of service, the following Specially
Prepared Interrogatories.

DEFINITIONS

As.used herein, “YOU" and “YOUR” mean and refer to ‘plaintiff CHARLES HUSBAND

and your agents, employees, attorneys, investigators and anyone else acting on your-behalf.
1

“DEFENDANT TEMPORARY PLANT CLEANERS, INC'S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIEE, SET ONEbe

oO 2 eM Dw & &

As used herein, “TPC” means and refers to Defendant TEMPORARY PLANT
CLEANERS, INC. formerly known as PLANT MAINTENANCE,, INC. OF CALIFORNIA.

As used herein, “IDENTIFY THE SITES OF EXPOSURE” means to state the date(s)
when YOU contend exposure attributable to TPC occurred, each LOCATION where YOU
contend the exposure-occtirred, and the name of YOUR employer at each such LOCATION.

As.used herein, “LOCATION” means the business name, street number, street name,
apartment or suite number, city, state, zip. code-and telephone number. Ifthe LOCATION
identified is a ship, the definition means the ship-name, hull number and the LOCATION of the
shipyard, dock, berth or-other area where the ship or vessel was present at the time of YOUR
alleged exposure by TPC. If the LOCATION identified is an oil refinery or other industrial
facility, the definition means.the name of the premises.owner, the name of the oil refiner-or
business owner, and the city, state, zip code and telephoné number of the facility.

As used herein, “IDENTIFY EACH PRODUCT” means for each asbestos-containing
product, state the type of product, brand name, manufacturer-and supplier of the product, and
describe it and its function and physical appearance.

As used herein, “STATE ALL FACTS” means to state each fact that supports your
contention that-you were exposed to asbestos by TPC, including ‘but not limited to: identify the
act or omission of TPC that caused YOU to be exposed to asbestos; the person(s) involved in the
act or omission; the date(s) of the act or omission; the LOCATION(s) at which you were
exposed; and the date(s) of exposure; describe the manner in which TPC caused YOU to be
exposed to asbestos; the nature of the work being performed by TPC; YOUR distance from any
work being performed.by TPC that YOU contend involved the installation, removal, use or
disturbance of asbestos-containing products; the events or circumstances that took place at each
LOCATION that caused the alleged exposure; state the type, brand name.and physical
description of the asbestos-containing product(s) to which YOU were. exposed; the type of
asbestos fiber to which YOU were exposed; the quantity of fiber to which YOU were exposed;
the duration of each exposure; the intensity of each exposure; and the frequency of each
exposure.

2

SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONEA mB WON

As used herein, “IDENTIFY EACH PERSON” means to state the person’s name, last
known address, telephone number, and. FORMER TESTIMONY.

As used herein, “FORMER TESTIMONY” means testimony given under oath in another
action or in a. former hearing or trial of the same action, or a deposition taken in compliance with
law in another action, and includes the narne of the other action(s), the date(s) testimony was
given and the identity of the court reporter present to record said testimony (including the name
of the court-reporter’s employer).

As.used herein, “IDENTIFY EACH DOCUMENT” means to state the DOCUMENT’s
title Gf any), date, originator or author, sender, recipient(s), and a genéral description of the
content of the DOCUMENT:

As-used herein, “DOCUMENT” means a writing, as defined in Evidence Code section.
250, including the originals and all non-identical duplicates, whether different from the originals
by reason of any notation made on such copies or otherwise, and includes, without limitation,
correspondence, memoranda, notes, diaries, statistics, letters, telegrams, telex, telefax, minutes,
contracts, reports, studies, statements, summaries, interoffice and intra-office communications,
notations of any sort.of conversations, telephone calls, meetings or other communications,
computer printouts, tape recordings, audiotapes, videotapes, charts, graphs, mechanical or
electronic records, compact discs, computer discs, computer tapes, computer software,
electronically stored media, and any other form of stored information.

As used herein, “IDENTIFY EACH BASIS” means IDENTIFY EACH PERSON or
entity other than TPC that YOU contend caused YOU to be exposed to asbestos; IDENTIFY.
EACH PRODUCT to-which YOU were.exposed by such persons or entities; identify each
LOCATION where YOU were exposed by such persons or-entities: state the date of each alleged
exposure; and describe the manner in which such persons or entities caused YOU to be exposed,
to. asbestos.

As used herein, “TRANSACTION” means any form of contractual agreement between
YOU and TPC.

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3

DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONESC OS Oe NR A BR Ne

I A Ww B BW

As used herein, “IDENTIFY THE TRANSACTION” means state the date of each
TRANSACTION, IDENTIFY EACH PERSON who entered into cach TRANSACTION, state
the LOCATION where the TRANSACTION occurred, state the purpose of the
TRANSACTION, identify any consideration exchanged between the parties for. cach
TRANSACTION and describe the terms of the TRANSACTION.

As used herein, “DESCRIBE THE CERTIFICATIONS” means state the name and
business address of the issuing body, the date the certification was originally issued and the name

of the certification.

As-used in herein, “CERTIFICATIONS” means and refers.to professional certifications
or licenses, trade. certifications or licenses, or other designations of skill, education, experience;
training, or qualification offered by any school, municipality, state, trade association,
professional association, organization, or society, including but not limited to the State of
California ot any union or organization related to YOUR work.

SPECIAL INTERROGATORIES
INTERROGATORY NO. 1:

For each instance in which YOU contend YOU were exposed to asbestos through any act
or omission of TPC, IDENTIFY THE SITES OF EXPOSURE,

(As used herein, “YOU” and “YOUR” mean and refer to Plaintiff CHARLES
HUSBAND: “TPC™ means and refers to Defendant TEMPORARY PLANT CLEANERS, INC.
formerly known as PLANT. MAINTENANCE, INC. OF CALIFORNIA; “IDENTIFY THE
SITES OF EXPOSURE” means state the date(s) when YOU contend exposure attributable to
TPC occurred, each LOCATION where YOU contend the exposure occurred, and the name‘of
YOUR employer at that LOCATION; and “LOCATION” imeans the street number, street name,
apartment or suite number, city, state, zip code and telephone number. If the LOCATION
identified is a ship, the definition means the ship name, hull number and the LOCATION of the
shipyard, dock, berth or other area where the ship or vessel was present at the time of YOUR
alleged exposure by TPC.)

Hit
4

DEFENDANT TEMPORARY PLANT CLEANERS, INCLS
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONEOo fe ND Hw

INTERROGATORY NO. 2:

For each instance in which YOU contend YOU were exposed to asbestos through any act
or-omission of TPC, IDENTIFY EACH PRODUCT to which YOU contend TPC caused YOU to
be exposed.

(As used herein, “IDENTIFY EACH PRODUCT” means for each asbestos-containing
product, state the type of product, brand name, manufacturer and/or supplier of the product, and
describe it and its function and physical appearance.)

INTERROGATORY NO. 3:

For each instance in which YOU contend YOU were. exposed to asbestos through any act
or omission of TPC, STATE ALL FACTS which support YOUR contention.

{As used herein, “STATE ALL.PACTS” means identify. the act or omission of TPC that

caused YOU to be exposed to asbestos, the person(s) making the act or omission, the date(s) of

the act or omission, the. LOCATION(s) at which you were exposed, and the date(s) of exposure;
describe the manner in which TPC caused YOU to be exposed to asbestos, the nature of the work
being performed by TPC, YOUR distance from. any work being performed by TPC that YOU
contend involved the installation, removal, use or-disturbance of asbestos-containing products,
and the events -or circumstances that took place at ¢ach LOCATION that caused the alleged
exposure; and state the type, brand name and physical description of the asbestos-containing
product(s) to.which YOU. were exposed, the type of asbestos fiber to ‘which YOU were exposed,

the quantity of fiber to. which YOU. were exposed, the duration of each exposure, the-intensity of

each exposure, and the frequency of each exposure.)
INTERROGATORY NO. 4:

Foreach instance in which YOU contend YOU were exposed to asbestos through any act
or omission. of TPC, IDENTIFY EACH PERSON who has knowledge which supports YOUR
contention.

(As used herein, “IDENTIFY EACH PERSON” means to state the person’s name, last.
known, address, and telephone number.)

Hil

5

DEFENDANT TEMPORARY PLANT CLEANERS, INC-S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONEeS 2 YW DR YH BR we Nm

pet eet heh
SC DD A BB BW HR 2

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INTERROGATORY NO. 5:

For each instance in which YOU contend YOU were exposed to asbestos through any-act
or omission of TPC, IDENTIFY EACH PERSON who witnessed TPC exposing YOU to
asbestos.

INTERROGATORY NO. 6:

For each instance in which YOU contend YOU were exposed to asbestos through any act /
or omission of TPC, IDENTIFY EACH DOCUMENT which supports YOUR contention. .

(As-used herein, “IDENTIFY EACH DOCUMENT” means to state the DOCUMENT’s
title (if any), date, originator or author, sender, recipient(s), and 4 general description of the
content of the DOCUMENT; and “DOCUMENT” means.a writing, as defined in Evidence Code
section 250, including the originals and all non-identical duplicates, whether different from the
originals by reason of any notation made’on such copies or otherwise, and includes, without
limitation, correspondence, memoranda, notes, diaries, statistics, letters, telegrams, telex, telefax,
minutes, contracts, reports, studies, statements, summaries, interoffice.and intra-office.
communications, notations of any sort of conversations, telephone calls, meetings or other
communications, computer printouts, tape recordings, audiotapes, videotapes, charts, graphs, and
electronic, mechanical or electronic records, compact discs, computer-discs, computer tapes, /
computer software, electronically ‘stored media, and any other form of stored information.).
INTERROGATORY NO. 7:

For each instance in which YOU contend YOU were exposed to asbestos fiber from any
product manufactured, sold, supplied, distributed, and/or otherwise put into the.stream of
commerce by TPC, IDENTIFY THE SITES OF EXPOSURE:

INTERROGATORY NO. 8:
For each instance in which YOU contend YOU were exposed to. asbestos fiber from any

product manufactured, sold, supplied, distributed, and/or otherwise put into the stream of

commerce by TPC, IDENTIFY EACH PRODUCT.
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8. - .
DEFENDANT TEMPORARY PLANT CLEANERS, INC.*S
SPECTALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONESO 8

INTERROGATORY NO. 9:

For each instance in which YOU contend. YOU. were exposed to asbestos fiber from any
product manufactured, sold, supplied, distributed, and/or otherwise put into the stream of
commerce by TPC, STATE ALL FACTS upon which YOU base each contention.
INTERROGATORY NO. 10:

For cach instance in which YOU contend YOU were exposed to asbestos fiber from any
product manufactured, sold, supplied, distributed, and/or otherwise put into the stream of
commerce by TPC, IDENTIFY EACH PERSON known to YOU who has knowledge of the facts
upon which YOU base such contention.

INTERROGATORY NO. tl:

For each instance in-which YOU contend YOU were exposed to asbestos fiber from any
product manufactured, sold, supplied, distributed, and/or otherwise put into the stream of
commerce by- TPC, IDENTIFY EACH DOCUMENT which supports YOUR contention.
INTERROGATORY NO. 12:

IDENTIFY EACH BASIS supporting YOUR contention that YOU were exposed to
asbestos fiber from products or activities for which entities. other than TPC are responsible.

{As used herein, “IDENTIFY. EACH BASIS” means IDENTIFY EACH PERSON or
entity other that TPC that YOU contend caused YOU to be exposed to asbestos, IDENTIFY
EACH PRODUCT to which YOU were exposed by such persons or entities, identify each
LOCATION where YOU were exposed by such persons or entities; state the date of each alleged
exposure; and describe the manner in which such persons or entities caused YOU to be exposed
to asbestos.)

INTERROGATORY NO. 13:
IDENTIFY EACH PERSON known to YOU who has knowledge of the facts that YOU

were exposed to, asbestos fiber from products or activities for which entities other:than TPC are
responsible
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7

“DEFENDANT TEMPORARY PLANT CLEANERS, INC’S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONEINTERROGATORY NO. 14:

IDENTIFY EACH DOCUMENT supporting YOUR contention that YOU were exposed
to asbestos fiber from products or activities for which entities other than TPC are responsible.
INTERROGATORY NO. 15:

Do YOU contend that YOU entered into any TRANSACTION with TPC?

(As used herein, “TRANSACTION” means any form of contractual agreement between
YOU.-and TPC.)

INTERROGATORY NO, 16:

If YOU contend that YOU entered into any TRANSACTION with TPC, IDENTIFY

THE TRANSACTION.

(As-used herein, “IDENTIFY THE TRANSACTION” means state the date of each
transaction, identify each person who entered into each transaction, state the location and state
where the transaction occurred, state the purpose of the transaction, identify any consideration
exchanged between the parties for each TRANSACTION and describe the terms of the
TRANSACTION.)

INTERROGATORY NO. 17:

if YOU. contend that YOU entered into any TRANSACTION with TPC, IDENTIFY
EACH PERSON YOU contend has knowledge of the TRANSACTION.
INTERROGATORY NO. 18:

£YOU contend that YOU entered into any TRANSACTION with TPC, IDENTIFY
EACH DOCUMENT which relates to or evidences the TRANSACTION.
INTERROGATORY NO. 19:

lease DESCRIBE THE CERTIFICATIONS held by YOU at any time.

(As used herein, “DESCRIBE THE CERTIFICATIONS” means state the name and
business address of the issuing body, the date the certification was originally issued and the name
of the certification; and “CERTIFICATIONS” means and refers to professional certifications or
licenses, trade. certifications or licenses, or other designations of skill, education, experience,

training, or- qualification offered by any school, municipality, state, trade association,

es a ab sev —
DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFE, SET ONEprofessional association, organization, or society, including but not limited to the State of
California or any union or-organization related to YOUR work.)

INTERROGATORY NO. 20:

STATE ALL FACTS which support YOUR contention that TPC was negligent in. this
case.
INTFERROGATORY NO. 21:

IDENTIFY EACH PERSON who has knowledge of the facts which support YOUR

contention that TPC was negligent in this case.
INTERROGATORY NO. 22:

STATE ALL FACTS which support YOUR contention that TPC is strictly liable in this
ease.
INTERROGATORY NO. 23:

IDENTIFY EACH PERSON who has knowledge of the facts-which support YOUR.
contention that TPC is strictly liable in this case.
INTERROGATORY NQ. 24:

STATE ALL FACTS which support YOUR contention that TPC is Hable for false

representation inthis case.
INTERROGATORY NO. 25:

IDENTIFY EACH PERSON who has knowledge of the facts which support YOUR
contention that. TPC is liable for false representation in this case.
INTERROGATORY NO. 26:

STATE ALL.FACTS which.support YOUR contention that TPC ig liable as a premises
owner or contractor in this case,
INTERROGATORY NO. 27:

IDENTIFY EACH PERSON who has knowledge of the facts which support YOUR

contention that TPC is liable as a premises owner or contractor in this case.
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9

DEFENDANT TEMPORARY PLANT CLEANERS, INC'S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFE, SET ONEINTERROGATORY NO, 28:

If YOU contend that. TPC is liable for YOUR alleged exposure to respirable asbestos
fibers under any other basis not set forth in these interrogatories, STATE ALL FACTS which
support such contention,

INTERROGATORY NO. 29:

if YOU contend that TPC is liable for YOUR alleged exposure.to respirable-asbestos
fibers under any other basis not set forth in these interrogatories, IDENTIFY EACH PERSON
who ‘has knowledge of the facts upon which YOU base such contention.
INTERROGATORY NO, 36:

IDENTIFY EACH DOCUMENT supporting YOUR claims against TPC, as alleged in
YOUR complaint,

INTERROGATORY NO. 31:

Have YOU or anyone. on YOUR behalf made a claim to any.asbestos personal injury
bankruptcy trust for any alleged asbestos-related disease, illness and/or injury?
INTERROGATORY NO. 32:

If YOU and/or anyone on YOUR behalf made a claim to any asbestos personal injury
bankruptcy. trust for any alleged asbestos-related disease, illness and/or injury, please identify
such trust.

INTERROGATORY NO, 33:

If YOU or anyone on YOUR behalf made a claim to any asbestos personal injury
bankruptcy trust for any alleged asbestos-related disease, illness and/or injury, and counsel was
retained regarding that claim, please state the attorney, firm name, address-and telephone
number.

INTERROGATORY NO, 34:

Are YOU enrolled in Medicare or Medi-Cal?
INTERROGATORY NO. 35:

IP YOU are enrolled in Medicare or Medi-Cal, please state YOUR date of enrollment and
enrollment number.

10
DEPENDANT TEMPORARY PLANT CLEANERS, INC.'S.
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONESe MD A RB wh

10

INTERROGATORY NO. 36:

Deo YOU receive Social Security Disability Insurance benefits?
INTERROGATORY NO. 37:

‘As to.each site of exposure where. YOU contend that YOU were exposed to asbestos
through any act or omission of TPC, IDENTIFY THE PERSON OR ENTITY who DIRECTED
the work of TPC. (As used herein, “IDENTIFY THE PERSON OR ENTITY” means state the
name, business address, home address if an individual and telephone number.) As used herein,
“DIRECTED” means instructing an individual on. how to perform his job duties.
INTERROGATORY NO. 38:

As to each site of exposure where YOU contend that YOU-were exposed to asbestos
through any act or omission of TPC, IDENTIFY THE PERSON OR ENTITY who
CONTROLLED the work of TPC. (As used herein, “CONTROLLED” means instructing an
individual on where to work and what job duties to perform and/or providing tools and materials
for the purpose of carrying out his job duties.)

INTERROGATORY NO. 39:

As to-each site of exposure where YOU contend that YOU were exposed to asbestos
through any act or-omtission of TPC, IDENTIFY THE PERSON OR ENTITY who
SUPERVISED the work of TPC. “As used herein, “SUPERVISED” means directly supervising
an individual while he performed his job duties.

INTERROGATORY NO, 40:

For each instance in which YOU contend that TPC DIRECTED, CONTROLLED or
SUPERVISED any of its employees, STATE ALL FACTS, to support YOUR. contention.
INTERROGATORY NO. 41:

For each instance YOU contend that TPC DIRECTED, CONTROLLED OR
SUPERVISED the work of any of its employees, IDENTIFY ALL DOCUMENTS, to support

YOUR contention.
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DEFENDANT TEMPORARY. PLANT CLEANERS, INC.’S

SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONE.DC SB WR A Rh RB BY He

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INTERROGATORY NO, 42:
For each instance YOU contend that TPC DIRECTED, CONTROLLED OR
SUPERVISED the work of any of its employees, WITNESSES with knowledge to. support

YOUR contention.
INTERROGATORY NO. 43:

If YOU contend YOU suffered any past or future loss of income due to YOUR asbestos-
related illness, disease and/or injury, please IDENTIFY ALL SOURCES of INCOME YOU
received in-the five years prior to. YOUR asbestos-related illness, disease and/or injury.

(For the-purposes of these interrogatories, the phrase “IDENTIFY ALL SOURCES”
means state the date(s) on which income was received, the amount and source of INCOME. As
used herein, INCOME includes all sources of income or earings, including but not limited to

salary, wages, tips, profits derived from rents, profits derived from the operation of a business,

unemployment benefits, workers compensation benefits, disability benefits, pension, investment
income and/or.other sources of income.)
INTERROGATORY NO. 44:

If YOU attribute any past or future loss of INCOME to -YOUR asbestos-related illness,
disease and/or injury, please IDENTIFY THE INCOME.

(For the purpose of these interrogatories, “IDENTIFY THE INCOME” means state the
source of the INCOME, the date(s) for which INCOME was or will be lost, the total amount.of
INCOME lost, and describe how YOU calculated the amount of loss.)

INFERROGATORY NO, 45:
H YOU contend YOU suffered any past or future loss of INCOME due to YOUR

asbestos-related illness, disease and/or.injury, please IDENTIFY EACH PERSON who has
knowledge of facts supporting YOUR contention.
INTERROGATORY NO, 46:

If YOU contend YOU suffered any past or future loss of INCOME due to YOUR.
asbestos-related illness, disease and/or injury, please IDENTIFY EACH DOCUMENT which
supports YOUR contention.

12

DEFENDANT TEMPORARY PLANT CLEANERS, INC’S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONECe OM DR HW B & bt

10

INTERROGATORY NO.47:

If YOU attribute any EXPENSES to YOUR asbestos-related illness, disease and/or
injury, please IDENTIFY THE EXPENSES.

(For-the purposes of these interrogatories, “EXPENSES” means any costs or expenditures

payable to others which YOU and/or and anyone on YOUR behalf, incurred or paid, which YOU

contend are recoverable as daimages in the present suit, including but not limited to: funeral
and/or. burial expenses; medical expenses (doctor’s and other professional medical services costs,
hospital costs, medication costs, medical equipment costs, ambulance or medical transportation
costs, laboratory fees and/or any other costs arising from or attributable to. medical care); travel
expenses; costs for care, upkeep or repair to any physical property (such as an automobile,
residence, farm or business); but excluding any loss of INCOME identified in response to
Special Interrogatory 19, et seg. As.used herein “[DENTIFY THE EXPENSES” means state the
date each EXPENSE was incurred,-the amount of each EXPENSE, to whom each EXPENSE
was paid or is owed, what each EXPENSE was for and describe the reason each EXPENSE was
incurred.)

INTERROGATORY NO. 48:

If YOU attribute any EXPENSES to YOUR asbestos-related illness, disease and/or
injury, please IDENTIFY EACH PERSON ‘who has knowledge of those EXPENSES.
INTERROGATORY NO. 49:

If YOU attribute any EXPENSES to. YOUR asbestos-related illness, disease and/or
injury, please IDENTIFY EACH DOCUMENT which relates to or evidences these EXPENSES.
INTERROGATORY NO, 50:

State the date YOU first became aware that you suffered from_an asbestos-related illness,
disease and/or injury:

INTERROGATORY NO. 51:

Do you contend that YOU are disabled from an asbestos-related itIness, disease and/or

injury?

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DEPENDANT TEMPORARY PLANT CLEANERS, INC'S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONECO NDR MW Bh YW

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INTERROGATORY NO. 52:

If you contend that YOU are disabled from.an asbestos-related illness, disease and/or
injury, state the date you became disabled.

DATED: March? }, 2010 POND NORTH LLP

“| |
By: /, 4 / &
BEAULABAY)
Attorneys for Defendant
TEMPORARY PLANT CLEANERS, INC.

14

DEFENDANT TEMPORARY PLANT CLEANERS, INC’S
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONEDECLARATION OF BEAU LAFAYETTE EPPERLY FOR ADDITIONAL DISCOVERY

L BEAU LAPAYETTE EPPERLY, declare as follows:

1. Jam an attorney at law, duly licensed to practicein the State of California, and am
an associate with the Law Firm of Pond North LLP, attorneys ofrecord for TEMPORARY
PLANT CLEANERS, INC., a party.to this action.

2 Lam propounding to Plaintiff CHARLES HUSBAND the attached Set of
Specially Prepared Interrogatories.

3. ‘This Set of Specially Prepared interrogatories will cause.the total number of
Specially: Prepared interrogatories propounded to the party to whom they ate directed to exceed
the number of Specially Prepared Interrogatories pursuant to paragraph (1) of subdivision (c) of
section 2030 of the Code of Civil Procedure,

4. This Set of Specially Prepared Interrogatories contains a total.of 52 Specially

Prepared Interrogatories,
5. {am familiar with the issues.in the previous discovery conducted by all parties in
this action,

6. Ihave personally examined each of the questions in this Set of Specially Prepared
Interrogatories.

7. This number of questions is warranted under paragraph (2) of subdivision (c) of
section 2030 of the Code of Civil Procedure because the complexity or-the quantity of the.
existing and potential issues in this matter merit this Set of Specially Prepared Interrogatories.

8. None of'the questions in this Set of Specially Prepared Interrogatories is being
propounded. for any improper purpose, such_as to harass the party, or the attorney ‘for the party, to
whomn it is directed, or to cause unnecessary delay or needless increase in the cost of litigation.

I declare under.penalty.of perjury under the laws of the State of California that-the
foregoing is true and correct.

Executed this day of March 2010, at San Fr

LO" wi)
BEAU CAFAYE ™
15

SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONESC 2 BM A wR ww

PROOF OF SERVICE

{ declare that lam over the age of eighteen (18) and not a party to this.action.. My
business address is 100 Spear Street, Suite 1200, San Francisco, California 94105.

On March #f, 2010, I served the following document(s): DEFENDANT TEMPORARY
PLANT CLEANERS, INC.’S SPECIALLY-PREPARED INTERROGATORIES TO.
PLAINTIFF, SET ONE. on the interested parties in this action by placing a true and correct
copy of such document, enclosed in.a sealed envelope, addressed as follows:

BRAYTON*PURCELL

222 Rush Landing Road

P.O. Box 6169

Novato, California 94949-6169
T: 415-898-1555

Fy 415-898-1247

Tam readily familiar with the business* practice for collection and processing of
correspondence for mailing with the United States Postal Service. I know that the
correspondence was. deposited with the United States Postal Service.on the same day this
declaration was executed inthe ordinary course of business. | know that the envelope
was sealed and, with postage thereon fully prepaid, placed for collection and mailing on
this date in the United States mail at San Francisco, California

a By overnight Service: I caused the above-referenced document(s) to- be deposited in a
box or other facility regularly maintained by the overnight courier, or I delivered the
above-referenced document(s) to an overnight courier service, for-delivery to the above
addressee(s).

0 By E-Service: | electronically served the above document(s) via LexisNexis File & Serve
on the recipients designated on the Transaction Receipt located on the LexisNexis File &
Serve website.

Ch By Personal Service: I caused to be delivered by courier First Legal Support Services,
such envelope by hand to the offices of the above addressee(s).

Ct By Personal Service: | delivered such envelope by hand to the offices of the
addressee(s).

Oo By Facsimile Machine: The document was transmitted by facsimile transmission to the
number(s) indicated and was reported as complete and-without error.

Executed: march 2, 2010.

(State) 1 declare under penalty of perjury under the laws of the State of California that the

above is true and correct. rd

16

DEFENDANT TEMPORARY PLANT CLEANERS, INC’S.
SPECIALLY-PREPARED INTERROGATORIES TO PLAINTIFF, SET ONE