Document 1geNvJjaX8m6KrVrERq19Oy3d
FILE NAME: Calaveras (CALV)
DATE: 1992
DOC#: CALV010
DOCUMENT DESCRIPTION: Amended Response to Plaintiff Interrogatories
1 PATRICK J. HAGAN, ESQ. CA BAR NO. 68264 OWEN E. BAYLIS, ESQ. CA BAR NO. 138392
2 AKINPCrAoIfDe,ssiGIoAnNaUlNZCIoOr,porCaAtUiDoLnE & HUBERT 200 Webster Street, Suite 200
3 P.O. Box 1828 Oakland, California 94604-0828
4 Telephone (510) 465-5212
5 Attorneys for Defendant CALAVERAS ASBESTOS, LTD.
6
7
IN THE SUPERIOR COURT OF CALIFORNIA
8
IN AND FOR THE COUNTY OF SAN FRANCISCO
9
10 IN RE: 11 COMPLEX ASBESTOS LITIGATION 12
13
14
/
CASE NO.: 828684
DEFENDANT CALAVERAS ASBESTOS, L T D .'S AMENDED RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES
15 PROPOUNDING PARTY: Plaintiff
16 RESPONDING PARTY: Defendant, CALAVERAS ASBESTOS, LTD.
17 SET NUMBER:
Two
18
PRELIMINARY STATEMENT
19
NOW COMES Defendant, CALAVERAS ASBESTOS, LTD. by and through
20 its attorneys, Kincaid, Gianunzio, Caudle & Hubert, and in answer
21 to Plaintiff's Standard Interrogatories, states as follows:
22
The following responses are based upon facts known or believed
23 to be true by CALAVERAS ASBESTOS, LTD. at the time of answering these
24 interrogatories. The information sought by Plaintiff in these
25 interrogatories has occurred many years prior and is, therefore,
26 difficult or impossible to secure or reconstruct. Pursuant to the
27 guidelines established by General Order 29 (the "Order"), CALAVERAS
28 ASBESTOS, LTD. hereby provides information relevant to the few cases
JO
1 subject to the Order, in which it is a defendant. CALAVERAS
2 ASBESTOS, LTD. reserves the right to amend or supplement these
3 responses to plaintiff's standard interrogatories as new information 4 becomes available to it, or if errors are discovered.
CALAVERAS ASBESTOS, LTD. sets forth these answers, which 5
6 are limited by time and place. First, these answers are limited
7 to the time periods in which CALAVERAS ASBESTOS, LTD. produced raw
8 asbestos. Second, these answers are limited to those sites,
9 identified in cases subject to the Order, at which asbestos produced
10 by CALAVERAS ASBESTOS, LTD. was allegedly stored, shipped, or used.
11 CALAVERAS ASBESTOS, LTD. further maintains that these
interrogatories ask defendants to specify facts which can only be 12
drawn from its discovery of various plaintiff's or decedent's 13
14 medical records, employment records or other discovery relating to
work history. Therefore, although defendant CALAVERAS ASBESTOS, 15
LTD. is providing responses to plaintiff's standard interrogatories 16
herein, discovery is continuing and may alter the extent of 17
information which may be available to CALAVERAS ASBESTOS, LTD., in 18
formulating its response to these interrogatories. 19
CALAVERAS
ASBESTOS LTD. reserves the right to amend these answers as informa 20
tion becomes available to it. 21
CALAVERAS ASBESTOS, LTD. was not a party to this litigation 22
when General Order 29 and the interrogatories attached to that order 23
were adopted. Thus, CALAVERAS ASBESTOS, LTD. has never had an 24
opportunity to appear and be heard in connection with that order, 25
nor has CALAVERAS ASBESTOS, LTD. ever been served with a copy of 26
that order or with its interrogatories. CALAVERAS ASBESTOS, LTD. 27
28
-so
2
therefore objects, on Due Process grounds, to being required to 1
2 answer General Order 29 interrogatories. 3 These interrogatories contain instructions, definitions, 4 compound, conjunctive, or disjunctive questions, and subparts in
5 violation of C.C.P. 2030(c)(5), which was enacted subsequent to the adoption of these interrogatories by General Order 29. Since
6
7 these General Order 29 interrogatories are not judicial counsel form interrogatories, which are exempted from C.C.P. 2030(c)(5),
8 CALAVERAS ASBESTOS, LTD. objects to these interrogatories in their
9 entirety. CALAVERAS ASBESTOS, LTD. also objects on that basis
10 specifically to answering the subparts and sub-subparts included
11 in the General Order interrogatories.
12 CALAVERAS ASBESTOS, LTD. provides these answers without waiving
13 the attorney client or work product objections.
14 ANSWERS TO INTERROGATORIES
15 INTERROGATORY N O . 1 :
16 (a) Daryl Larsen
17 (b) P.O. Box 127, Copperopolis, California 95228
18 (c) Controller
19 (d) November 10, 1975. Daryl Larsen has been Controller of
20 Calaveras Asbestos, Ltd. since its inception.
21 INTERROGATORY NO. 2 :
22 No.
23 INTERROGATORY NO. 3 :
*24 No.
25 INTERROGATORY NO. 4 :
26 No.
27
28 ////
jo.
3
1 INTERROGATORY NO . 5:
2
No.
3 INTERROGATORY NO. 6 :
4
CALAVERAS ASBESTOS, LTD. is not now and never was a corporation;
5
consequently, it has no corporate records. However, to the
6 extent that CALAVERAS ASBESTOS, LTD. has records, they are
7
located at O'Byrne's Ferry Road, Copperopolis, California.
8 The custodian of records is Mr. Daryl Larsen, Controller,
9
Calaveras Asbestos, Ltd., P.O. Box 127, Copperopolis, Califor
10
nia, 95228.
11 INTERROGATORY NO. 7 :
12
(a) Yes ; December 15, 1975 - December 31, 1987.
13
(b) Yes; December 15, 1975 - December 31, 1987.
14
(c) Yes; December 19, 1975 - January
1988.
15
<d) No.
16
(e) No.
17
(f) Yes; December 19, 1975 - January
1988 .
04
18 (g) Yes; December 19, 1975 - January 27, 1988 .
19 (h) Y e s ; December 19, 1975 - January 27, 1988.
INTERROGATORY NO. 8 : 20
(a)-(g)
No.
21
22 INTERROGATORY NO. 9 :
(a.) -- (<g) Between December, 1975 and December, 1987, this 23
defendant mined and milled raw chrysotile asbestos. 24
A few sales were made in 1975, and continued until 25
existing inventory was sold by January, 1988. The 26
asbestos fiber was sold under the name "Calaveras 27
Asbestos, Ltd." From 1975 until 1980 this defendant 28
:5iTo 4 L
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3 4 5 6 7 8 9
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12 13 14 (h) 15 16 17 18 19
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mined, milled and sold grades 4T, 5K, 5R, 6D, 7D, 7M and 7R; after 1980 only grades 4T, 5R and 6D were mined, milled or sold. The typical chemical composi tion of the fibers was Mg3 (Si205) (OH)4. The fibers were white in color. CALAVERAS ASBESTOS, LTD. did not color code raw asbestos fibers. It packaged raw asbestos fibers in bags which, during various periods of time, contained either a green (4T), brown (5K or 5R) or black or blue stripe (6D) . CALAVERAS ASBESTOS, LTD. never sought to be included on a U.S. Government "Qualified Products List" and has no knowledge of its raw asbestos fibers ever being on such a list. Cases subject to the Order have not implicated any sales of raw asbestos fibers to any of the categories of purchaser identified in the interrogatory. CALAVERAS ASBESTOS, LTD. objects to this interrogatory to the extent that it calls for irrelevant informa tion. Subject to its objection, CALAVERAS ASBESTOS, l t d . responds that shipments of raw asbestos fiber sold to Connell Brothers of San Francisco were made between late 1975 and January, 1988, in sealed, ocean going containers. These raw asbestos fibers were sold under the name CALAVERAS ASBESTOS, LTD. CALAVERAS ASBESTOS, LTD. refers to its answer to Interrogatory No. 6, in regard to records of such sales. Discovery is continuing.
5
1
(i) Sales records, Material Safety Data Sheets, geological
2
analyses. Please refer to answer to interrogatory
No. 6. 3
4 INTERROGATORY NO. 1 0 ;
5 Not applicable.
INTERROGATORY NO. 1 1 ; 6
7 CALAVERAS ASBESTOS, LTD. did not enter into any exclusive
8 distributorships.
9 INTERROGATORY NO. 1 2 :
CALAVERAS ASBESTOS, LTD. did not enter into any re-branding 10
agreements, as defined in the interrogatory. 11
INTERROGATORY NO. 1 3 : 12
CALAVERAS ASBESTOS, LTD. did not enter into any re-branding 13
agreements, as defined in the interrogatory. 14
INTERROGATORY NO. 1 4 : 15
No. 16
INTERROGATORY NO. 1 5 : 17
Not applicable. 18
INTERROGATORY NO. 1 6 : 19
Yes. (a)-(c) From 1975 until February, 1987 each bag of 20
asbestos fiber distributed by this defendant had printed on 21
it a warning mandated by the Occupational Safety & Health 22
Administration of the United States Department of Labor. 23
Between 1975 and approximately 1980 or 1981, the following 24
warning was printed on each bag: 25
CAUTION
26
Contains Asbestos Fibers
Avoid Creating Dust
27
Breathing Asbestos Dust May
Cause Serious Bodily Harm 28
6
1 Thereafter, each bag of asbestos fiber distributed by this
2
defendant had printed on it the following warning mandated by
3
the Occupational Safety & Health Administration of the United
4
States Department of Labor:
5
DANGER
Contains Asbestos Fibers
6
Avoid Creating Dust
7 Cancer and Lung Disease Hazard
The warning language was on the front of the bag and was in 8
9 black or brown or green or blue letters on a white ground.
The words, "Caution" and "Danger" were in capital letters, 5/16"
10
in height. The remaining words were in capital letters and 11
lower case letters. The capital letters were 3/16" in height
12
while the lower case letters were 1/8" in height. In addition, 13
the word "asbestos" appeared twice on the front panel of the 14
bag as part of the name "Calaveras Asbestos, Ltd." and one time 15
by itself. The word "asbestos" appeared on each side panel 16
as part of the name, "Calaveras Asbestos, Ltd." 17
(d) Sample bags are in the possession of our attorneys, Hinshaw 18
& Culbertson, 222 N. LaSalle Street, Chicago, Illinois. 19
INTERROGATORY NO, 1 7 : 20
Not applicable.
21
INTERROGATORY NO. 1 8 : 22
On March 25, 1992, Mr. Gordon Coats, the general manager of 23
CALAVERAS ASBESTOS, LTD., was deposed by the plaintiffs' law 24
firm of Cartwright, Slobodin, Bokelman, Borowsky, Wartnick, 25
Moore & Harris, Inc., 101 California Street, Suite 2600, San 26
Francisco, California, 94111, in the Tena Ann Jovner v. 27
28
UO
7
1
Ravbestos Manhattan, et al. (San Francisco Superior Court No.
2
907463) case.
3 INTERROGATORY NO. 1 9 :
4
No.
5 INTERROGATORY N O . 20:
6 This defendant advertised only in a trade publication entitled
7
"Asbestos." The publication "Asbestos" is as equally available
8 to plaintiffs as it is to CALAVERAS ASBESTOS, LTD. A sample
9
advertisement was provided to plaintiff attorneys Cartwright,
10 Slobodin, Bokelman, Borowsky, Wartnick, Moore & Harris, Inc.,
101 California Street, Suite 2600, San Francisco, California, 11
12 94111 on about March 25, 1992.
INTERROGATORY NO. 21: 13
No. U
INTERROGATORY NO. 22 : 15
Not applicable. 16
INTERROGATORY NO. 23: 17
No. 18
INTERROGATORY NO. 24: 19 20 Not applicable.
INTERROGATORY NO. 25: 21
No. 22
23 1111
24 nn 25 nn 26 nn 27 nn 28 nn
8
1 INTERROGATORY NO. 26:
2
Not applicable.
3 DATED: 4
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27 1-67\oeb\calavera.*\ 18C579in.ans
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KINCAID, GIANUNZIO, CAUDLE & HUBERT
Bv:
^
Owen E. Baylis, Esq. Attorneys for Defendant CALAVERAS ASBESTOS, LTD.
9
1
VERIFICATION
2
I, Daryl Larsen, the undersigned say:
3
I have read the foregoing document(s);
4
To the extent that the information set forth in the foregoing
5 document(s) is personally known to me, the information is true and
6 correct to the best of my knowledge;
7
To the extent that the information set forth in the foregoing
8 document(s) is not known to me, but is required by law to be provided
9 in said responses, I believe the responses to be correct.
10
To the extent that the responses state legal conclusions, the
11 responses have been prepared by counsel for Calaveras Asbestos,
12 Ltd., based on their work product and other information known to
13 them, and are not within my personal knowledge. 14 I declare under penalty of perjury under the laws of the State 15 of California, that the foregoing is true and correct.
16 17 1992 at (Jq J //S
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4 k - ^ -------------
Daryl Larsen
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IRlTo 9
.
1
PROOF OF SERVICE BY MAIL rC.C.P. 1013a,. 2015.51
2 I, the undersigned, declare:
3 That I am employed in the City of Oakl<and, County of
4
Alameda, State of California; that I am over the age of eighteen
5 years and not a party to the within cause; that my business address
6 is 200 Webster Street, Suite 200, Oakland, California 94607-3789.
7
8 That on today's date I served the attached: DEFENDANT CALAVERAS ASBESTOS, LTD. 'S AMENDED RESPONSES
9
TO PLAINTIFF'S STANDARD INTERROGATORIES, SET NUMBER 2
10 on the parties in said cause, by placing a true copy of each
11 document enclosed in a sealed envelope with postage thereon fully
12 prepaid, in the United States mail at Oakland, California, addressed
13 as follows:
14 Harry F. Wartnick, Esq.
15
Cartwright, Slobodin, et al.
101 California Street, Suite 2600
16
San Francisco, CA 94111
17
(SEE ATTACHED LIST A)
18
I declare under penalty of perjury under the laws of
19 the State of California that the foregoing is true and correct.
20 21 Dated: August 31, 1992
22 Dann R. Rhone
23
24
25
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27 1-67\oebV aiavera.s\d^rhor>e pos
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'10
l
R,LT.
1
LIST A
2 BRUCE L AHNFELT ESQ
3 PO BOX 6078 NAPA CA 94581
4 ALAN R BRAYTON ESQ
5 BRAYTON GISVOLD & HARLEY 999 GRANT AVENUE
6 PO BOX 2109 NOVATO CA 94948
7 FINNEY
8 2033 N MAIN STREET
PERI EXECUTIVE CENTER 9 SUITE 430
WALNUT CREEK CA 94596
10 CASEY GERRY CASEY ET AL
11 PO BOX 2005 ROHNERT PARK CA 94927-2005
12
LAW OFFICES OF JACK CLAPPER ,13 100 SHORELINE HIGHWAY
BUILDING B 14 SUITE 300
MILL VALLEY CA 94941
15 CHRISTOPHER E GRELL ESQ
16 THE MONADNOCK BUILDING 685 MARKET STREET
17 SUITE 340 SAN FRANCISCO CA 94105
18
LAW OFFICES OF JEFFREY B HARRISON 19 ONE DANIEL BURNHAM COURT
SUITE 220C 20 SAN FRANCISCO CA 94109
21 GERALD STERNS 280 UTAH STREET
22 SAN FRANCISCO CA 94103
23 J KENNETH LYNCH ESQ HALLEY CORNELL & LYNCH
24 525 MARKET STREET SUITE 3700
25 SAN FRANCISCO CA 94105-2745
26
27
28