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LAW OFFICES OF
WALKUP, MELODIA, KELLY & SCHOENBERGER
‘A PROFESSIONAL CORPORATION
650 CALIFORNIA STREET, 26" FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
(415) 981-7210 F: (415) 391-6965 FILED
4 oO SAN Mater INTY
MATTHEW D. DAVIS (State Bar #141986)
mdavis@walkuplawoffice.com MAY 2-8 2019
SPENCER J. PAHLKE (State Bar #250914)
spahlke@walkuplawoffice.com
VALERIE N. ROSE (State Bar #272566) =
vrose@walku awoffice.com.
ATTORNEYS FOR PLAINTIFFS
BRICEIDA LOPEZ AND JOSE SOLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
11
12 BRICEIDA LOPEZ, an individual, JOSE Case No. 18CIV01696
SOLIS, an individual,
13 DECLARATION OF VALERIE N,
Plaintiffs, ROSE IN SUPPORT OF
14 PLAINTIFFS’ MOTION TO AMEND
Vv. THE COMPLAINT TO INCLUDE A
15 CLAIM FOR PUNITIVE AND
PAUL BONIFACIO, an individual, ae DAMAGES
16 MARGARET HYUN, an individual,
AMERIGAS PROPANE, L.P., a business Date:
17 entity, AMERIGAS PROPANE, INC, a Time: July | een
corporation, AMERIGAS, INC., a Dept.: Law & Motion
18 corporation, and DOES ONE through
ONE-HUNDRED, inclusive, Action Filed: April 6, 2018
19 Trial Date: November 18, 2019
Defendants 18-ClV-01696,
20 ols
Declaration in Support
1847023
| | | l | Il Ml
21
22
23 I, VALERIE N. ROSE, hereby declare as follows
24 1 I am an attorney at law, duly licensed to practice before all courts of the
25 State of California and am an attorney in the law firm of Walkup, Melodia, Kelly &
26 Schoenberger, attorneys of record for plaintiffs Briceida Lopez and Jose Solis. If
27 called as a witness I could competently testify thereto.
28
1
DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO.
INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696
>
2 The ski rental house where plaintiffs were injured had a propane gas
heating system. Propane gas is commonly used to heat homes in areas not serviced
by natural gas, including many locations in Placer County.
3 Propane companies deliver propane gas to these homes by periodically
filling a tank located outside the home. From the tank, the propane gas travels
through an underground pipe and then rises aboveground through a section called
the riser pipe before entering the home.
4 Homes in Placer County, including the ski rental house, are at high
elevations and experience high rates of snowfall. According Fire Chief Craig Harvey
10 of the Truckee Fire Protection District, who is also the district's Fire Marshal,
11 accumulated snow and ice can slide or shed off of the sloped side of roofs, damaging
12 and cracking propane riser pipes and causing gas leaks, explosions, and fires.
13 5. A true and correct copy of excerpts from the Deposition of Craig Harvey
14 is attached hereto as Exhibit A.
15 6 Placer County has enacted a series local laws to protect residents
16 against this danger. In 1983, the Board of Supervisors passed Emergency Ordinance
17 3328-B. The ordinance required propane riser pipers to be “installed on the gable
18 end of the building, as close as practicable to the building wall... .” Where this was
19 not feasible, installation of the riser pipe was to be in an approved and protected
20 location.
21 7 A true and correct copy of Exhibit 17 to the Harvey Deposition is
22 attached hereto as Exhibit B.
23 8 The ordinance applied to all new propane installations, and required
24 existing installations in the Squaw Valley area (where the ski rental house was
25 located) to comply by 1985. Most importantly, the 1983 ordinance mandated that “no
26 vendor shall provide LPG [liquefied petroleum gas aka propane] service to any non-
27 conforming installation.” In other words, the ordinance made it illegal for a propane
28
LAW OFFICES OF
Wankur, Meno Key
an IA CORPORATION 2
ao ‘ORNIA
' STREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO. AMEND THE COMPLAINT TO
SAN FRANCIED, CA 98008
5 OBLTzI0 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696
company to fill the propane tank at a house with a riser pipe that was not installed
on the gable end of the building.
9. The current version of the ordinance is titled “Liquefied Petroleum Gas
Installations,” Ordinance No. 5961-B (the Ordinance) and was enacted in 2012. It
applies to all property located at elevations above 5,000 feet, including the ski rental
house. Like the emergency ordinance passed in 1983, it requires that the riser pipe
be installed “on the gable end of the building,” adds the requirement that it be under
“an approved protective cover,” and prohibits a propane company from providing
“service to an LPG installation which does not comply with the provisions of this
10 Article.” The Ordinance also requires propane companies to perform an “annual
11 safety inspection” of their customers’ propane pipes “for safe operating conditions and
12 compliance” with the law.
13 10. Both Fire Chief Allen Riley of the Squaw Valley Fire Department, who
14 also serves as the Fire Marshal for the department, and Fire Chief Craig Harvey of
15 the Truckee Fire Protection District inspected the configuration of the propane pipes
16 at the ski rental house after the March 2018 fire.
17 11.' A true and correct copy of excerpts from the deposition of Allen Riley is
18 attached hereto as Exhibit C.
19 12. Chief Riley testified that if he had been asked to inspect the house’s
20 propane installation prior to the fire, he would not have approved it. When asked
21 why not, he testified as follows:
22 Because that pipe runs along the shed side of the structure with
substandard clamps holding against the wall . .. And seeing the
23 damage that we see with snow coming off the roofs and my knowledge
24 of what happened when snow comes off the roof would not allow that.
25 13. A true and correct copy of Exhibit 21A of the Harvey Deposition is
26 attached hereto as Exhibit D.
27 14. Chief Harvey likewise testified that the propane riser pipe was located
28 on the snow shed side of the house, which was dangerous because it could increase
LAW oFnIets OF
WALKUP, MELODIA, KELLY
‘& SCHOENBERGER
PROFESSIONAL CORPORATION 3
1850 CALIFORNIA STREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO
SAN WAN ISC0,C4i 08 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO, 18CIV01696
o
the risk that shedding or creeping snow could crack the pipe. Moreover, the
configuration of the home’s piping installation, with long sections of unprotected
pipe, was “unusual,” and like nothing he had seen in all his years in the fire
protection industry. He testified that the unusual nature of the system, and the fact
that the pipes were unprotected from snow shed, would be obvious to anyone
knowing what they were looking for.
15. AmeriGas advertises itself as the nation’s largest propane supplier. The
company also represents to the public that it visually inspects its customers’ propane
pipes before filling their tanks with propane gas, and that it follows all applicable
10 laws and ordinances.
11 16. Yet in the six year period between 2012 (when AmeriGas acquired the
12 local propane vendor servicing the ski rental house) and the time of the fire, there is
13 no evidence that AmeriGas ever flagged the installation as dangerous or noticed it
14 violated the Ordinance. During this time, the company repeatedly and illegally filled
15 and refilled the house’s propane tank.
16 17. On October 18, 2015, AmeriGas received a letter from the Serene Lakes
17 Property Owners’ Association (SLPOA), which represents more than 500
18 homeowners in Placer County. A true and correct copy of the SLPOA letter and
19 survey is attached hereto as Exhibit E.
20 18. The letter enclosed a copy of the Ordinance, as well as the results of a
21 recent survey that it had conducted, revealing the following:
22 @ many propane tank installations in our community still do not
comply with the upgraded installation requirements of 15.12,
23
24 Ga) many LPG vendors have not been conducting the required
annual safety inspections (evidenced by the lack of inspection
25 stickers) and
26 (ii) LPG Vendors appear to be still providing service to
27 noncompliant propane tank installations.
28 The letter went on to warn that “[t]his situation combined with the practice of
LAW OF CES 0
Wauxue, Moni Katty
ORFORATION 4
“GoOcaL Onn STREET. DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO.
SAN TRANCE,
15) 981-721CA 98100 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696
ignoring the prohibition on servicing noncompliant propane tank installations
exposes our community to serious and unnecessary safety risks.” SLPOA then urged
AmeriGas to take action by refusing to fill noncompliant tanks with propane, and to
undertake a comprehensive safety program.
19. In the three years following AmeriGas’s receipt of this letter before the
fire, there is no evidence that the company performed any annual inspection at the
ski rental house or made any attempt to ascertain whether it was in compliance with
the Ordinance. AmeriGas did, however, continue to repeatedly and illegally refill the
house’s propane tank during this time.
10 20. On April 28, 2017, a home located on Muir Court in Placer County
11 burned down after an explosion. Although the structure was destroyed, fortunately
12 no one was injured. A true and correct copy of the Truckee Fire Protection District
13 Records is attached hereto as Exhibit F.
14 21. Fire Chief Harvey was responsible for investigating the cause and origin
15 of the Muir Court explosion and fire. Chief Harvey identified the cause as a break in
16 the propane piping, caused by the weight and pressure of a significant amount of
17 snow against the pipe as generally depicted in the diagram below.
18 22. A true and correct copy of Exhibit 19 of the Harvey Deposition is
19 attached hereto as Exhibit G.
20 23. Chief Harvey testified that the risk of this phenomenon is well known in
21 the fire prevention community, and is addressed by the Ordinance’s requirement that
22 propane riser pipes be located on the gable end of buildings. The riser pipe at the
23 Muir Court home violated the Ordinance because it was located on the snow-shed
24 side of the building. He testified that this would have been apparent to anyone
25 walking over to the pipe and looking at it.
26 24. In November of 2017, State Farm, the company that insured the Muir
27 Court home, sued AmeriGas. Farm alleges that AmeriGas was the propane company
28 that serviced the home, and that AmeriGas failed to inspect the propane pipes at
LAW OFFICES OF
Watxuy, Matopi, KER
APROTSSONAL CORTORATION 5
1650CALIFORNIA
' cxSTREET94008 DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO.
SAN FRANCISCO,
‘ INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696
Muir Court or notice that they were in violation of the Ordinance. State Farm
further alleges that it was illegal for AmeriGas to refill the propane tank at Muir
Court under these circumstances, and that AmeriGas’s actions caused the explosion
and fire.
25. In the eleven months between the Muir Court disaster and the explosion
and fire at issue here, there is no evidence that AmeriGas conducted any safety
inspections at the ski rental house. During this time, the company continued to refill
the house’s tank with propane.
26. On March 17, 2018, Chief Harvey was called to investigate the cause of
10 another explosion and fire at a Placer County home. Tragically, this time plaintiffs
il Briceida Lopez and Jose Solis were catastrophically injured when the explosion
12 occurred.
13 27. A true and correct copy of the Squaw Valley Fire Department Report is
14 attached hereto as Exhibit H.
15 28. As evidenced by Chief Harvey’s report, the circumstances of the
16 explosion were strikingly similar to those at Muir Court. Specifically, Chief Harvey
17 opined that there was a probable gas explosion prior to the fire, which was caused by
18 a broken exterior propane line. Like at Muir Court, the fracture occurred on the riser
19 pipe. Like at Muir Court, the piping was located on the snow shed side of the house.
20. Chief Harvey found this significant because the amount of piled snow in the area was
21 the only possible factor in fracturing the pipe. Like at Muir Court, the explosion
22 happened after heavy snowfall. Finally, like at Muir Court, the house was serviced
23 by AmeriGas.
24 29. True and correct copies of photographs of the injuries plaintiffs Briceida
25 Lopez and Jose Solis sustained in the fire are attached hereto as Exhibit I.
26 30. Plaintiffs suffered exactly the type of harm that AmeriGas was warned
27 it would cause if it kept refilling unsafe propane systems that violated the Placer
28 County propane ordinance.
LAW OFFICES OF
WALKUP, MELODIA, KELLY
‘& SCHOENBERGER
A FROFISUONAL CORPORATION 6
1550. CALITORNIA
2h SeSTREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO
SAN FRANCISCO,
05) 98172 CA INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CTV01696
31. Plaintiffs were not aware of the facts underlying these new allegations
at the time they filed the First Amended Complaint. Plaintiffs only learned this
information through recent formal and informal discovery, and promptly thereafter
filed the instant Motion. Accordingly, the proposed amendments are both necessary
and proper pursuant to CRC 3.1324(b).
32. A true and correct copy of plaintiffs’ proposed Second Amended
Complaint is attached hereto as Exhibit J.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct as far as known to me, except as to those
10 matters stated on information and belief, and as to those matters, | am informed and
11 believe that they are true.
12 Executed this 28t day of May 2019 at San Francisco, California.
13
LA.
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VALERIE N. ROSE
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Law offices OF
WALKUP, MELODIA, KELLY
‘& SCHOENBERGER
ARROHLSSIONAG CORPORA 7
(650. CALIFORNIA STREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO
SAN FRANC
ats) ISCO.CA
9417210 94108 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696
"SUPERIOR ST. OF ‘ORNI.
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DEPOSITION oF .
CRA: VEY
13 April
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REP DEBORA CECER! #324, RPR
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APPEARANCES
FOR THE PLAINTIFFS
WALKUP, MELODIA, KELLY & SCHOENBERGER
BY: MATTHEW D. DAVIS, ESQ.
650 California Street, 26th Floor
San Francisco, CA 94108-2615
415.981.7210
FOR THE PLAINTIFFS
WALKUP, MELODIA, KELLY & SCHOENBERGER
BY: SPENCER J. PAHLKE, ESQ.
10 650 California Street, 26th Floor
San Francisco, CA 94108-2615
ii 415 981.7210
12
13 FOR THE DEFENDANTS PAUL BONIFACIO
AND MARGARET HYUN
14 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
BY: JULIE M. AZEVEDO, ESQ.
15 333 Bush Street, Suite 1100
San Francisco, CA 94104
16 415.438-5820
17 Julie.Azevedo@lewisbrisbois.com
18
19 FOR AMERIGAS PROPANE, INC.,
AMERIGAS, LP, and AMERIGAS, Inc.
20
BULLIVANT, HOUSER, BAILY
21 BY: KEVIN BALDWIN, ESQ.
101 Montgomery Street, Suite 2600
22 San Francisco, CA 94104-4146
415.352.2766
23 kevin. baldwin@buillivant.com
24
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AP EARANCES
(Continued) |
GA ROPANE Inc
MERIGAS nd AMERIGAS, INC,
REED SMITH Lu
JAME QUIST | ESQ.
ker Drive.
Chicago (60606-7507
2207 000
h leguis @reedemith.com
10 R TRUCKEE FIRE TECTION Is ict
ii BE REIGER,
EN INSsO sQ
12 Ge Coun
970 hway 267
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Fens:
530.5
CA
233
96161
14 ren 1. son@BBKLaw c
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“Veritext Legal
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EXHIBITS
NUMBER DESCRIPTION PAGE
Exhibit Notice of Taking Videotaped
Deposition
Exhibit Curriculum Vitae - Craig Harvey 10
Exhibit Truckee Fire Protection District 16
- Organizational Chart -
August 1, 2018
Exhibit Truckee Fire Protection District 18
Web Page
10
Exhibit Truckee Fire Protection District 23
it ~ Inspections Page
12 Exhibit 10 Reprint of Article 15.12 of 27
the Placer County Building and
13 Development Code
14 Exhibit 11 Guidlines for Proper Propane 31
Tank Installation for High
15 Country Systems
16 Exhibit 12 Serene Lakes Property Owners 42
Association Report -
17 September 4, 2011
18 Exhibit 13 SLPOA Propane Survey Report - 44
October 2015
19
Exhibit 14 Safety Inspection Report Checklist 48
20
Exhibit 15 West Coast Legal Service Document 51
21
Exhibit 16 Reprint of News Story 70
22
Exhibit 17 Propane Riser Pipe Chart 75
23
24
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IBITS
(Continued),
DESCR ON
rop
Prop Pi
Truckee Fi Protection Distri
Photo Log
ib 21 Squaw alley Fire ‘tment
Report
10 Exhib: 1A Diagram
Exhibi county sh Yr
Department Status Report
12
West Coa jal Se ts
13
Exhibit 24 Pho raph 79
14
15
16 orig 1 Exh. its to Original Trans
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BE IT REMEMBERED that on Tuesday, the 30th
day of April, 2019, at the hour of 9:59 a.m. of said
day at the Hampton Inn & Suites, 11951 California 267,
Truckee, California, before me, DEBORA L. CECERE, a
certified court reporter, personally appeared CRAIG
HARVEY, who was by me first duly sworn, and was
examined as a witness in said cause.
-000-
10 (Exhibit Number 5 was marked for
iz identification.)
12
13 CRAIG HARVEY,
14 called as a witness in said case,
15 having been first duly sworn, was
16 examined and testified as
17 follows:
18
19 -000-
20
21 THE VIDEOGRAPHER: This is the beginning of
22 media 1 in the deposition of Fire Marshal Craig Harvey
23 in the matter of Lopez versus Bonifacio held at Hampton
24 Inn & Suites, Truckee on April 30th, 2019. The time is
25 approximately 9:59 a.m.
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The court reporter is Deb Cecere. I'm
Stewart Campbell, the videographer, an employee of
Litigation Services.
This deposition is being videotaped at all
times unless specified to go off the video record.
Would all present please identify
themselves, beginning with the witness.
THE WITNESS: Craig Harvey, Fire Marshal
Division Chief of Truckee Fire Protection District.
10 MR. COLLINSON: Brent Collinson, General
11 Counsel for Truckee Fire Protection District.
12 MR. HULTQUIST: Jim Hultquist attending for
13 AmeriGas
14 MS. AZEVEDO: Julie Azevedo, counsel for
15 Paul Bonifacio and Margaret Hyun.
16 MR. BALDWIN: Kevin Baldwin appearing for
17 AmeriGas.
18 MR. PAHLKE: Spencer Pahlke for the
19 plaintiffs.
20 MR. DAVIS: Matthew Davis for the
21 plaintiffs, Briceida Lopez and Jose Solis.
22 THE VIDEOGRAPHER: Would the court reporter
23 please swear in the witness.
24 (Whereupon the witness was sworn.)
25 ///
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EiMIENATTON
BY MR. DAVIS:
Q Good morning. With that introduction, rT
feel like we should be on Masterpiece Theater, with the
accent of Mr. Campbell.
Can you t us your name se.
What's your business address, sir?
10 11951 California 267.
11 Q And I don't need your specific address, but
12 in what city do you reside?
13 A Truckee, California.
14 Q Now we're here about a lawsuit in a case
15 that's scheduled to go to trial in November of 2019.
16 Do you generally plan to remain in
17 California until that time?
18 A Actually, I'm looking to move to Austin,
19 Texas, probably around the end of June or July. July
20 and August.
21 Q Good. Are you retiring?
22 A Correct. In seven weeks I retire.
23 Congratulations.
24 Thank you.
25 Okay. How many times have you given
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testimony under oath?
A Five times.
Q Has it always been in a deposition, or have
you ever testified in a courtroom?
A In court. I've been in court three times.
I can refer back to my --
Q Your CV?
A Yeah, my CV.
Q Great. I have marked as Exhibit 5, and it's
10 not like there's four other exhibits in your
11 deposition, we're just following this sequence order in
12 this case, but I've marked as Exhibit 5 a notice of
13 your deposition. There's no need for me to show that
14 to you.
15 But you were kind enough to bring along your
16 CV, is that correct?
17 A Correct.
18 Q Can I ask the court reporter to mark that as
19 Exhibit 6.
20 (Exhibit Number 6 was marked for
21 identification.)
22 MR. DAVIS: Let me just take a quick look.
23 MR. COLLINSON: While he's looking, do you
24 have a card? Or should I get it later?
25 THE COURT REPORTER: I'll get it on a break
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for you. Thank you.
BY MR. DAVIS:
Q First off” it okay if I call you ¢
Harvey?
A Ce
Q Chief, I'm going to look at what I marked as
Exhibit 6 and ask you a few questions based on it, but
if you need me to hand it back to you, that's fine.
A Okay.
10 Q I just want to go through and confirm some
11 of the information.
12 First of all, it looks like there's, there's
13 a date on the upper right~hand corner, of, it looks
14 like April 4th, 2019.
15 Is --
16 Correct.
17 Is that an
18 That's when it got updated.
1g
20 the asi chie > an e fire marsha
an we ion a
ae
23 Correct. evention,
24 whic: € marsha EE
25 Having once done some work for fire
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A No, I do not I believe it is Placer
County But I'm not positive.
Q So Tim Looking at the page 1 in: the: ‘firs
"paragraph,, which begins, "Snowfall 2011: ”
‘can you just read that to yourself, “that
"whole section and let me know when. you're done.
A Okay
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heavy load and it | arts to move, mor so like a
glaci YEE
And does th snow creep sometimes cause
crac in propane systems?
Q Were you involved in investigating any of
the leaks that occurred in the winter of 2011?
A 2011, I did not. I was suppression on that
one,
10 Q Okay.
11 A We had a different fire marshal, and we had
12 another investigator as well.
13 Q Okay. I'm going to turn to the second page
14 of Exhibit 11.
15 And under inspections, do you see that on
16 the left-hand column?
17 A Yes.
18 Q Just read that paragraph to yourself, and
19 let me know when you're done.
20 A Okay.
21 Q Let me just read it for the record.
22 It says:
23 Inspections: Once a system has
24 been properly installed and
25 inspected, it is the
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4
house and that underground line comes out of the ground
just outside the house?
Correct.
And that's called the riser?
Correct. And the same on the tank.
Ye
Se
An
uP
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you described?
A Correct, well as snow id off the
buildings.
Q ris a?
Snow shed is a tremendous amount of weight
the ow coming o th roo hee
the pipes.
oncept of the Kk pr ne by
shed t ris has that been et that you
10 known ab for years
In the Placer odes and ir
12 idel th these chan move it to he
a3
14 the til ope st snow shed
a5
16 Q The ordinance, as I understand it, mandates
17 that all structures comply with the ordinance.
18 Is that your understanding? In other words,
19 there's not a grandfather'd provision. I can point you
20 to the provision if you'd like. It's 15.12.040.
21 A What I read in there, they were talking on
22 the conversions of additions, conversions, or remodels
23 of existing residential and commercial structures on
24 property. I don't see existing buildings unless
25 they're pulling a building permit.
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Correct.
Okay And this: was a re that happened
1 28th, 7?
Corr
And I bel eve your written eport found
Bate stamp numbers, but you see there
at, we
e numb in “the, ‘lower. right-hand corner.
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@ @
out of Incline Village, Nevada, which is Mark Regan.
He was covering me. I was out of town at this time,
and he was the covering investigator.
Q And when do you get pulled into the
investigation?
A He contacted me as soon as he was heading up
there. Actually, the battalion chief contacted me, and
I contacted Mark Regan to go up that direction because
I was out of town. And then he talked to me when he
10 was at the scene.
iL Q And at some point do you yourself arrive at
12 the scene?
13 A Correct. I arrived a few days later. I
14 believe it is, May 2nd
Preview
é LAW OFFICES OF WALKUP, MELODIA, KELLY & SCHOENBERGER ‘A PROFESSIONAL CORPORATION 650 CALIFORNIA STREET, 26" FLOOR SAN FRANCISCO, CALIFORNIA 94108-2615 (415) 981-7210 F: (415) 391-6965 FILED 4 oO SAN Mater INTY MATTHEW D. DAVIS (State Bar #141986) mdavis@walkuplawoffice.com MAY 2-8 2019 SPENCER J. PAHLKE (State Bar #250914) spahlke@walkuplawoffice.com VALERIE N. ROSE (State Bar #272566) = vrose@walku awoffice.com. ATTORNEYS FOR PLAINTIFFS BRICEIDA LOPEZ AND JOSE SOLIS SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 BRICEIDA LOPEZ, an individual, JOSE Case No. 18CIV01696 SOLIS, an individual, 13 DECLARATION OF VALERIE N, Plaintiffs, ROSE IN SUPPORT OF 14 PLAINTIFFS’ MOTION TO AMEND Vv. THE COMPLAINT TO INCLUDE A 15 CLAIM FOR PUNITIVE AND PAUL BONIFACIO, an individual, ae DAMAGES 16 MARGARET HYUN, an individual, AMERIGAS PROPANE, L.P., a business Date: 17 entity, AMERIGAS PROPANE, INC, a Time: July | een corporation, AMERIGAS, INC., a Dept.: Law & Motion 18 corporation, and DOES ONE through ONE-HUNDRED, inclusive, Action Filed: April 6, 2018 19 Trial Date: November 18, 2019 Defendants 18-ClV-01696, 20 ols Declaration in Support 1847023 | | | l | Il Ml 21 22 23 I, VALERIE N. ROSE, hereby declare as follows 24 1 I am an attorney at law, duly licensed to practice before all courts of the 25 State of California and am an attorney in the law firm of Walkup, Melodia, Kelly & 26 Schoenberger, attorneys of record for plaintiffs Briceida Lopez and Jose Solis. If 27 called as a witness I could competently testify thereto. 28 1 DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO. INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696 > 2 The ski rental house where plaintiffs were injured had a propane gas heating system. Propane gas is commonly used to heat homes in areas not serviced by natural gas, including many locations in Placer County. 3 Propane companies deliver propane gas to these homes by periodically filling a tank located outside the home. From the tank, the propane gas travels through an underground pipe and then rises aboveground through a section called the riser pipe before entering the home. 4 Homes in Placer County, including the ski rental house, are at high elevations and experience high rates of snowfall. According Fire Chief Craig Harvey 10 of the Truckee Fire Protection District, who is also the district's Fire Marshal, 11 accumulated snow and ice can slide or shed off of the sloped side of roofs, damaging 12 and cracking propane riser pipes and causing gas leaks, explosions, and fires. 13 5. A true and correct copy of excerpts from the Deposition of Craig Harvey 14 is attached hereto as Exhibit A. 15 6 Placer County has enacted a series local laws to protect residents 16 against this danger. In 1983, the Board of Supervisors passed Emergency Ordinance 17 3328-B. The ordinance required propane riser pipers to be “installed on the gable 18 end of the building, as close as practicable to the building wall... .” Where this was 19 not feasible, installation of the riser pipe was to be in an approved and protected 20 location. 21 7 A true and correct copy of Exhibit 17 to the Harvey Deposition is 22 attached hereto as Exhibit B. 23 8 The ordinance applied to all new propane installations, and required 24 existing installations in the Squaw Valley area (where the ski rental house was 25 located) to comply by 1985. Most importantly, the 1983 ordinance mandated that “no 26 vendor shall provide LPG [liquefied petroleum gas aka propane] service to any non- 27 conforming installation.” In other words, the ordinance made it illegal for a propane 28 LAW OFFICES OF Wankur, Meno Key an IA CORPORATION 2 ao ‘ORNIA ' STREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO. AMEND THE COMPLAINT TO SAN FRANCIED, CA 98008 5 OBLTzI0 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696 company to fill the propane tank at a house with a riser pipe that was not installed on the gable end of the building. 9. The current version of the ordinance is titled “Liquefied Petroleum Gas Installations,” Ordinance No. 5961-B (the Ordinance) and was enacted in 2012. It applies to all property located at elevations above 5,000 feet, including the ski rental house. Like the emergency ordinance passed in 1983, it requires that the riser pipe be installed “on the gable end of the building,” adds the requirement that it be under “an approved protective cover,” and prohibits a propane company from providing “service to an LPG installation which does not comply with the provisions of this 10 Article.” The Ordinance also requires propane companies to perform an “annual 11 safety inspection” of their customers’ propane pipes “for safe operating conditions and 12 compliance” with the law. 13 10. Both Fire Chief Allen Riley of the Squaw Valley Fire Department, who 14 also serves as the Fire Marshal for the department, and Fire Chief Craig Harvey of 15 the Truckee Fire Protection District inspected the configuration of the propane pipes 16 at the ski rental house after the March 2018 fire. 17 11.' A true and correct copy of excerpts from the deposition of Allen Riley is 18 attached hereto as Exhibit C. 19 12. Chief Riley testified that if he had been asked to inspect the house’s 20 propane installation prior to the fire, he would not have approved it. When asked 21 why not, he testified as follows: 22 Because that pipe runs along the shed side of the structure with substandard clamps holding against the wall . .. And seeing the 23 damage that we see with snow coming off the roofs and my knowledge 24 of what happened when snow comes off the roof would not allow that. 25 13. A true and correct copy of Exhibit 21A of the Harvey Deposition is 26 attached hereto as Exhibit D. 27 14. Chief Harvey likewise testified that the propane riser pipe was located 28 on the snow shed side of the house, which was dangerous because it could increase LAW oFnIets OF WALKUP, MELODIA, KELLY ‘& SCHOENBERGER PROFESSIONAL CORPORATION 3 1850 CALIFORNIA STREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO SAN WAN ISC0,C4i 08 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO, 18CIV01696 o the risk that shedding or creeping snow could crack the pipe. Moreover, the configuration of the home’s piping installation, with long sections of unprotected pipe, was “unusual,” and like nothing he had seen in all his years in the fire protection industry. He testified that the unusual nature of the system, and the fact that the pipes were unprotected from snow shed, would be obvious to anyone knowing what they were looking for. 15. AmeriGas advertises itself as the nation’s largest propane supplier. The company also represents to the public that it visually inspects its customers’ propane pipes before filling their tanks with propane gas, and that it follows all applicable 10 laws and ordinances. 11 16. Yet in the six year period between 2012 (when AmeriGas acquired the 12 local propane vendor servicing the ski rental house) and the time of the fire, there is 13 no evidence that AmeriGas ever flagged the installation as dangerous or noticed it 14 violated the Ordinance. During this time, the company repeatedly and illegally filled 15 and refilled the house’s propane tank. 16 17. On October 18, 2015, AmeriGas received a letter from the Serene Lakes 17 Property Owners’ Association (SLPOA), which represents more than 500 18 homeowners in Placer County. A true and correct copy of the SLPOA letter and 19 survey is attached hereto as Exhibit E. 20 18. The letter enclosed a copy of the Ordinance, as well as the results of a 21 recent survey that it had conducted, revealing the following: 22 @ many propane tank installations in our community still do not comply with the upgraded installation requirements of 15.12, 23 24 Ga) many LPG vendors have not been conducting the required annual safety inspections (evidenced by the lack of inspection 25 stickers) and 26 (ii) LPG Vendors appear to be still providing service to 27 noncompliant propane tank installations. 28 The letter went on to warn that “[t]his situation combined with the practice of LAW OF CES 0 Wauxue, Moni Katty ORFORATION 4 “GoOcaL Onn STREET. DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO. SAN TRANCE, 15) 981-721CA 98100 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696 ignoring the prohibition on servicing noncompliant propane tank installations exposes our community to serious and unnecessary safety risks.” SLPOA then urged AmeriGas to take action by refusing to fill noncompliant tanks with propane, and to undertake a comprehensive safety program. 19. In the three years following AmeriGas’s receipt of this letter before the fire, there is no evidence that the company performed any annual inspection at the ski rental house or made any attempt to ascertain whether it was in compliance with the Ordinance. AmeriGas did, however, continue to repeatedly and illegally refill the house’s propane tank during this time. 10 20. On April 28, 2017, a home located on Muir Court in Placer County 11 burned down after an explosion. Although the structure was destroyed, fortunately 12 no one was injured. A true and correct copy of the Truckee Fire Protection District 13 Records is attached hereto as Exhibit F. 14 21. Fire Chief Harvey was responsible for investigating the cause and origin 15 of the Muir Court explosion and fire. Chief Harvey identified the cause as a break in 16 the propane piping, caused by the weight and pressure of a significant amount of 17 snow against the pipe as generally depicted in the diagram below. 18 22. A true and correct copy of Exhibit 19 of the Harvey Deposition is 19 attached hereto as Exhibit G. 20 23. Chief Harvey testified that the risk of this phenomenon is well known in 21 the fire prevention community, and is addressed by the Ordinance’s requirement that 22 propane riser pipes be located on the gable end of buildings. The riser pipe at the 23 Muir Court home violated the Ordinance because it was located on the snow-shed 24 side of the building. He testified that this would have been apparent to anyone 25 walking over to the pipe and looking at it. 26 24. In November of 2017, State Farm, the company that insured the Muir 27 Court home, sued AmeriGas. Farm alleges that AmeriGas was the propane company 28 that serviced the home, and that AmeriGas failed to inspect the propane pipes at LAW OFFICES OF Watxuy, Matopi, KER APROTSSONAL CORTORATION 5 1650CALIFORNIA ' cxSTREET94008 DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO. SAN FRANCISCO, ‘ INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696 Muir Court or notice that they were in violation of the Ordinance. State Farm further alleges that it was illegal for AmeriGas to refill the propane tank at Muir Court under these circumstances, and that AmeriGas’s actions caused the explosion and fire. 25. In the eleven months between the Muir Court disaster and the explosion and fire at issue here, there is no evidence that AmeriGas conducted any safety inspections at the ski rental house. During this time, the company continued to refill the house’s tank with propane. 26. On March 17, 2018, Chief Harvey was called to investigate the cause of 10 another explosion and fire at a Placer County home. Tragically, this time plaintiffs il Briceida Lopez and Jose Solis were catastrophically injured when the explosion 12 occurred. 13 27. A true and correct copy of the Squaw Valley Fire Department Report is 14 attached hereto as Exhibit H. 15 28. As evidenced by Chief Harvey’s report, the circumstances of the 16 explosion were strikingly similar to those at Muir Court. Specifically, Chief Harvey 17 opined that there was a probable gas explosion prior to the fire, which was caused by 18 a broken exterior propane line. Like at Muir Court, the fracture occurred on the riser 19 pipe. Like at Muir Court, the piping was located on the snow shed side of the house. 20. Chief Harvey found this significant because the amount of piled snow in the area was 21 the only possible factor in fracturing the pipe. Like at Muir Court, the explosion 22 happened after heavy snowfall. Finally, like at Muir Court, the house was serviced 23 by AmeriGas. 24 29. True and correct copies of photographs of the injuries plaintiffs Briceida 25 Lopez and Jose Solis sustained in the fire are attached hereto as Exhibit I. 26 30. Plaintiffs suffered exactly the type of harm that AmeriGas was warned 27 it would cause if it kept refilling unsafe propane systems that violated the Placer 28 County propane ordinance. LAW OFFICES OF WALKUP, MELODIA, KELLY ‘& SCHOENBERGER A FROFISUONAL CORPORATION 6 1550. CALITORNIA 2h SeSTREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO SAN FRANCISCO, 05) 98172 CA INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CTV01696 31. Plaintiffs were not aware of the facts underlying these new allegations at the time they filed the First Amended Complaint. Plaintiffs only learned this information through recent formal and informal discovery, and promptly thereafter filed the instant Motion. Accordingly, the proposed amendments are both necessary and proper pursuant to CRC 3.1324(b). 32. A true and correct copy of plaintiffs’ proposed Second Amended Complaint is attached hereto as Exhibit J. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct as far as known to me, except as to those 10 matters stated on information and belief, and as to those matters, | am informed and 11 believe that they are true. 12 Executed this 28t day of May 2019 at San Francisco, California. 13 LA. 14 15 VALERIE N. ROSE 16 17 18 19 20 21 22 23 24 25 26 27 28 Law offices OF WALKUP, MELODIA, KELLY ‘& SCHOENBERGER ARROHLSSIONAG CORPORA 7 (650. CALIFORNIA STREET DECLARATION OF VALERIE N. ROSE IN SUPPORT OF PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT TO SAN FRANC ats) ISCO.CA 9417210 94108 INCLUDE A CLAIM FOR PUNITIVE AND EXEMPLARY DAMAGES - CASE NO. 18CIV01696 "SUPERIOR ST. OF ‘ORNI. iv la ivi 1, dants. DEPOSITION oF . CRA: VEY 13 April 14 ckee, Lif REP DEBORA CECER! #324, RPR OB N 536414 23 24 25 PAGES 1 19 a eritext Les - 366: 299. 29 - siz u APPEARANCES FOR THE PLAINTIFFS WALKUP, MELODIA, KELLY & SCHOENBERGER BY: MATTHEW D. DAVIS, ESQ. 650 California Street, 26th Floor San Francisco, CA 94108-2615 415.981.7210 FOR THE PLAINTIFFS WALKUP, MELODIA, KELLY & SCHOENBERGER BY: SPENCER J. PAHLKE, ESQ. 10 650 California Street, 26th Floor San Francisco, CA 94108-2615 ii 415 981.7210 12 13 FOR THE DEFENDANTS PAUL BONIFACIO AND MARGARET HYUN 14 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP BY: JULIE M. AZEVEDO, ESQ. 15 333 Bush Street, Suite 1100 San Francisco, CA 94104 16 415.438-5820 17 Julie.Azevedo@lewisbrisbois.com 18 19 FOR AMERIGAS PROPANE, INC., AMERIGAS, LP, and AMERIGAS, Inc. 20 BULLIVANT, HOUSER, BAILY 21 BY: KEVIN BALDWIN, ESQ. 101 Montgomery Street, Suite 2600 22 San Francisco, CA 94104-4146 415.352.2766 23 kevin. baldwin@buillivant.com 24 25 Page 2 Veritext Legal Solutions 866 299-5127 AP EARANCES (Continued) | GA ROPANE Inc MERIGAS nd AMERIGAS, INC, REED SMITH Lu JAME QUIST | ESQ. ker Drive. Chicago (60606-7507 2207 000 h leguis @reedemith.com 10 R TRUCKEE FIRE TECTION Is ict ii BE REIGER, EN INSsO sQ 12 Ge Coun 970 hway 267 13 Fens: 530.5 CA 233 96161 14 ren 1. son@BBKLaw c 15 16 17 18 19 20 21 22 23 24 25 Pag “Veritext Legal 866 299-512’ NDE ATI DAVIS 16 17 18 19 21 22 25 ‘eritext Legal 866 299-: EXHIBITS NUMBER DESCRIPTION PAGE Exhibit Notice of Taking Videotaped Deposition Exhibit Curriculum Vitae - Craig Harvey 10 Exhibit Truckee Fire Protection District 16 - Organizational Chart - August 1, 2018 Exhibit Truckee Fire Protection District 18 Web Page 10 Exhibit Truckee Fire Protection District 23 it ~ Inspections Page 12 Exhibit 10 Reprint of Article 15.12 of 27 the Placer County Building and 13 Development Code 14 Exhibit 11 Guidlines for Proper Propane 31 Tank Installation for High 15 Country Systems 16 Exhibit 12 Serene Lakes Property Owners 42 Association Report - 17 September 4, 2011 18 Exhibit 13 SLPOA Propane Survey Report - 44 October 2015 19 Exhibit 14 Safety Inspection Report Checklist 48 20 Exhibit 15 West Coast Legal Service Document 51 21 Exhibit 16 Reprint of News Story 70 22 Exhibit 17 Propane Riser Pipe Chart 75 23 24 25 Page 5 Veritext Legal Solutions 866 299-5127 IBITS (Continued), DESCR ON rop Prop Pi Truckee Fi Protection Distri Photo Log ib 21 Squaw alley Fire ‘tment Report 10 Exhib: 1A Diagram Exhibi county sh Yr Department Status Report 12 West Coa jal Se ts 13 Exhibit 24 Pho raph 79 14 15 16 orig 1 Exh. its to Original Trans 17 18 19 20 21 22 23 24 25 Pag Veritext Legal 866 299-5127 BE IT REMEMBERED that on Tuesday, the 30th day of April, 2019, at the hour of 9:59 a.m. of said day at the Hampton Inn & Suites, 11951 California 267, Truckee, California, before me, DEBORA L. CECERE, a certified court reporter, personally appeared CRAIG HARVEY, who was by me first duly sworn, and was examined as a witness in said cause. -000- 10 (Exhibit Number 5 was marked for iz identification.) 12 13 CRAIG HARVEY, 14 called as a witness in said case, 15 having been first duly sworn, was 16 examined and testified as 17 follows: 18 19 -000- 20 21 THE VIDEOGRAPHER: This is the beginning of 22 media 1 in the deposition of Fire Marshal Craig Harvey 23 in the matter of Lopez versus Bonifacio held at Hampton 24 Inn & Suites, Truckee on April 30th, 2019. The time is 25 approximately 9:59 a.m. Page 7 Veritext Legal Solutions 866 299-5127 The court reporter is Deb Cecere. I'm Stewart Campbell, the videographer, an employee of Litigation Services. This deposition is being videotaped at all times unless specified to go off the video record. Would all present please identify themselves, beginning with the witness. THE WITNESS: Craig Harvey, Fire Marshal Division Chief of Truckee Fire Protection District. 10 MR. COLLINSON: Brent Collinson, General 11 Counsel for Truckee Fire Protection District. 12 MR. HULTQUIST: Jim Hultquist attending for 13 AmeriGas 14 MS. AZEVEDO: Julie Azevedo, counsel for 15 Paul Bonifacio and Margaret Hyun. 16 MR. BALDWIN: Kevin Baldwin appearing for 17 AmeriGas. 18 MR. PAHLKE: Spencer Pahlke for the 19 plaintiffs. 20 MR. DAVIS: Matthew Davis for the 21 plaintiffs, Briceida Lopez and Jose Solis. 22 THE VIDEOGRAPHER: Would the court reporter 23 please swear in the witness. 24 (Whereupon the witness was sworn.) 25 /// Page 8 Veritext Legal Solutions 866 299-5127 EiMIENATTON BY MR. DAVIS: Q Good morning. With that introduction, rT feel like we should be on Masterpiece Theater, with the accent of Mr. Campbell. Can you t us your name se. What's your business address, sir? 10 11951 California 267. 11 Q And I don't need your specific address, but 12 in what city do you reside? 13 A Truckee, California. 14 Q Now we're here about a lawsuit in a case 15 that's scheduled to go to trial in November of 2019. 16 Do you generally plan to remain in 17 California until that time? 18 A Actually, I'm looking to move to Austin, 19 Texas, probably around the end of June or July. July 20 and August. 21 Q Good. Are you retiring? 22 A Correct. In seven weeks I retire. 23 Congratulations. 24 Thank you. 25 Okay. How many times have you given Page 9 Veritext Legal Solutions 866 299-5127 testimony under oath? A Five times. Q Has it always been in a deposition, or have you ever testified in a courtroom? A In court. I've been in court three times. I can refer back to my -- Q Your CV? A Yeah, my CV. Q Great. I have marked as Exhibit 5, and it's 10 not like there's four other exhibits in your 11 deposition, we're just following this sequence order in 12 this case, but I've marked as Exhibit 5 a notice of 13 your deposition. There's no need for me to show that 14 to you. 15 But you were kind enough to bring along your 16 CV, is that correct? 17 A Correct. 18 Q Can I ask the court reporter to mark that as 19 Exhibit 6. 20 (Exhibit Number 6 was marked for 21 identification.) 22 MR. DAVIS: Let me just take a quick look. 23 MR. COLLINSON: While he's looking, do you 24 have a card? Or should I get it later? 25 THE COURT REPORTER: I'll get it on a break Page 10 Veritext Legal Solutions 866 299-5127 for you. Thank you. BY MR. DAVIS: Q First off” it okay if I call you ¢ Harvey? A Ce Q Chief, I'm going to look at what I marked as Exhibit 6 and ask you a few questions based on it, but if you need me to hand it back to you, that's fine. A Okay. 10 Q I just want to go through and confirm some 11 of the information. 12 First of all, it looks like there's, there's 13 a date on the upper right~hand corner, of, it looks 14 like April 4th, 2019. 15 Is -- 16 Correct. 17 Is that an 18 That's when it got updated. 1g 20 the asi chie > an e fire marsha an we ion a ae 23 Correct. evention, 24 whic: € marsha EE 25 Having once done some work for fire Page 11 Veritext Legal Solutions 866 299-5127 A No, I do not I believe it is Placer County But I'm not positive. Q So Tim Looking at the page 1 in: the: ‘firs "paragraph,, which begins, "Snowfall 2011: ” ‘can you just read that to yourself, “that "whole section and let me know when. you're done. A Okay Page 32 “Veritext Legal Solut 866 299-512 heavy load and it | arts to move, mor so like a glaci YEE And does th snow creep sometimes cause crac in propane systems? Q Were you involved in investigating any of the leaks that occurred in the winter of 2011? A 2011, I did not. I was suppression on that one, 10 Q Okay. 11 A We had a different fire marshal, and we had 12 another investigator as well. 13 Q Okay. I'm going to turn to the second page 14 of Exhibit 11. 15 And under inspections, do you see that on 16 the left-hand column? 17 A Yes. 18 Q Just read that paragraph to yourself, and 19 let me know when you're done. 20 A Okay. 21 Q Let me just read it for the record. 22 It says: 23 Inspections: Once a system has 24 been properly installed and 25 inspected, it is the Page 33 Veritext Legal Solutions 866 299-5127 4 house and that underground line comes out of the ground just outside the house? Correct. And that's called the riser? Correct. And the same on the tank. Ye Se An uP Page 37 Veritext Legal Solutions 866 299-5127 you described? A Correct, well as snow id off the buildings. Q ris a? Snow shed is a tremendous amount of weight the ow coming o th roo hee the pipes. oncept of the Kk pr ne by shed t ris has that been et that you 10 known ab for years In the Placer odes and ir 12 idel th these chan move it to he a3 14 the til ope st snow shed a5 16 Q The ordinance, as I understand it, mandates 17 that all structures comply with the ordinance. 18 Is that your understanding? In other words, 19 there's not a grandfather'd provision. I can point you 20 to the provision if you'd like. It's 15.12.040. 21 A What I read in there, they were talking on 22 the conversions of additions, conversions, or remodels 23 of existing residential and commercial structures on 24 property. I don't see existing buildings unless 25 they're pulling a building permit. Page 38 Veritext Legal Solutions 866 299-5127 Correct. Okay And this: was a re that happened 1 28th, 7? Corr And I bel eve your written eport found Bate stamp numbers, but you see there at, we e numb in “the, ‘lower. right-hand corner. Page 52 ~ Veritext Legal Sol 866 299-512 @ @ out of Incline Village, Nevada, which is Mark Regan. He was covering me. I was out of town at this time, and he was the covering investigator. Q And when do you get pulled into the investigation? A He contacted me as soon as he was heading up there. Actually, the battalion chief contacted me, and I contacted Mark Regan to go up that direction because I was out of town. And then he talked to me when he 10 was at the scene. iL Q And at some point do you yourself arrive at 12 the scene? 13 A Correct. I arrived a few days later. I 14 believe it is, May 2nd