Document 2RgDR2m8b8qrQKMGn1yxD5o8r
FILE NAME: Calaveras (CALV) DATE: 1998 DOC#: CALV003 DOCUMENT DESCRIPTION: Legal - Amended Answers to Interrogatories
1 DOUGLAS GARTH WAH. SBN 64692 DANIEL M. FUCHS, SBN 179033
2 ADAMS NYE *SINUNU WALKER LLP One lacteon Place
3 633 Banery S e t , 5th Floor Sin Francisco. California 94111
<t Telephone: (415} 982-8955
5 Attorneys for Defendant CALAVERAS ASBESTOS, LTD.
6
7
p a r a ___________ . 0 TM ATTV CLASS__ ,,FILE
-- DECEIVED
MAV 1 2 1998
eS.".Y .-.* HARIEY C .'PTiS
HAhiP o^uppi^>< r
__
8
SUPERIOR COURT OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN FRANCISCO
10
1 1 Jin. re: Complex Asbestos Litigation
12 131
14
No. 828654
AMENDED ANSWER OF DEFENDANT CALAVERAS ASBESTOS, LTD. TO STANDARD INTERROGATORIES (GENERAL ORDER 129)
15
16i
17
COMES NOW, defendant Calavetas Asbestos, Ltd. ("CALAVERAS") and In
18 response to plaintiffs' Standard Interrogatories to Defendants (General Order 129), and
IS without waiving any of its rights arid objections, states as follows:
20 RESPONSE TO INTERROGATORY NO. i :
21
D uyl Lanen.
22 RESPONSE TO INTERROGATORY NO. 2 ;
23 #
Daryl Lumen, 11/HV75 -1988.
2*
(a) Controller
25 RESPONSE TO INTERROGATORY NO. 3 :
26
WA.
27 RESPONSE TO INTERROGATORY NO, 4 :
28
No.
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RESPONSE TO INTERROGATORY NO. S :
2I r
N/A.
3 RESPONSE TO INTERROGATORY NO. 6 :
4
Limited partnership.
5 RESPONSE TO INTERROGATORY NO. 7 :
0
Gordon Coats, c/g Adams Nyc Simmu Walker, 33 Battery St., Fifth Floor. San
7 Francisco, CA 94111.
a
Wilbur Ellis Corporation, at Ac addle known to counsel for Plaintiffs.
9
Calaveras Natural Resources Inc., 10670 Campy Seco Road, Jamestown, California
10 95327.
11 RESPONSE TO INTERROGATORY NO. 8 :
12
AH existing records and documents, are located at Calaveras Asbestos Mines. P.O.
73 Box 127, Coppctopolis, CA, 95228. The custodian of record* for CALAVERAS is Daryl
14 r Larsen. Arrangements to review ny such existing documents shtttid he node by contacting
15 Doughs G. Wah, counsel for CALAVERAS.
ie RESPONSE TO INTERROGATORY NO. 9 r
17
See CALAVERAS* RESPONSE TO INTERROGATORY NO. 8, incorporated
18 herein as though M y se! forth herein.
ia RESPONSE TO INTERROGATORY NO. 10 :
20
CALAVERAS owned, operated, and maintained an asbestos mine from 1975 to 1987.
21 CALAVERAS mined, packaged, and sold RAW ASBESTOS. CALAVERAS did not handle
22 or contract to handle any amount of ASBESTOS-CONTAINING FRODUCT(s) as that term
23 is defined tor purposes of this set of Interrogatories. Accordingly, das response to this
24 mrerrogatoiy is limbed to information relating to CALAVERAS'* handling of RAW
25 5BE5TO&
ZS
(a) The pej*m most knowledgeable about CALAVERAS'* only "acquisition* of
27
RAW ASBESTOS, which was through mining that material, is Daryl Larsen, who
28
can he contacted by request to Douglas G. Wah, at the address above.
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(b) CALAVERAS owned, operated, and maintained an asbestos mine;
' Accordingly, even totting the scope of this interrogatory to RAW ASBESTOS,
CALAVERAS responds at no time did it ever "use" RAW ASBESTOS in any sense
of Oat word, except as the substance was "used" in the process of mining and
packaging the RAW ASBESTOS,
(c) CALAVERAS hired employees to mine RAW ASBESTOS, and to package
and prepare the RAW ASBESTOS for sale. If to t activity is within t o definition of
contacting with mhos to use or handle RAW ASBESTOS, then t o person most
knowledgeable about CALAVERAS'S contracting with others to do work involving
use or handling of RAW ASBESTOS is Daryl Larsen, who can be contacted by
it
request to Douglas G. Wah, at t o address above.
12 RESPONSE TO INTERROGATORY NO. 11:
ta
CALAVERAS owned, operated, and maitoUKd an asbestos mine from 1975 to 1987.
14 CALAVERAS mined, packaged, and sold RAW ASBESTOS. CALAVERAS did not handle
15 or contract to handle any amount of ASBESTOS-CONTAINING PRODUCTS) as to t tom
IB 4s defined for purposes of this sac of Interrogatories, and specifically was ra t involved in t o
17 m a r k e t in g of a sbesto s-c o n ta in in g pr o d u c ts. Acconimgjy, c a la v er a s'b
18 response to fins interrogatory is limited to identifying t o medical director employed at its
19 mine for t o health and safety of its employees. Robert Hpylman was employed as the
20 director of Health and Safety from the beginning of CALAVERAS'S operation! until
21 appnmhnuety 1980 or 1981. Thereafter, until CALAVERAS ceased mining operations, t o
22 director of Health and Safely was Joey Toney. Mr. Hoylraan's concur address and phene
23 number are currently unknown to CALAVERAS. Mr. Toney's current address is P.Ct Bor 24 127, Coppeippolis. CA, 95228.
25 RESPONSE TO INTERROGATORY NO. 12 :
26
Yes.
27
See Exhibit *E", attached hereto and incorporated herein, which sets forth t o
26 information responsive to this interrogatory.
i
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1 RESPONSE TO INTERROGATORY NO. :
2
CALAVERAS owned, operated, and maintained an asbestns mine Emm 1975 to 1987.
3 CALAVERAS mined, packaged, and sold RAW ASBESTOS. CALAVERAS did not haraUe
4 or contract to handle any amounr of ASBESTOS-CONTAINING PRODUCT u that tern
5 Is defined for purposes of tins set of Interrogatories, and specifically was not involved in the
a MARKETING of ASBESTOS-CONTAINING PRODUCTS. CALAVERAS was a member
7 the Asbestos Information Associanoiv'Nonh America at some point within,the time frame
e defined by the Interrogatories.
9 RESPONSE TO INTERROGATORY NO. 14 :
10
WA.
11 RESPONSE TO INTERROGATORY NO. 15:
12
No. CALAVERAS was not formed until 1975.
13 RESPONSE TO INTERROGATORY NO. 16 :
14
No. CALAVERAS was not formed until 1975.
16 RESPONSE TO INTERROGATORY NO. 17:
16
No. CALAVERAS was not formed until 1975.
17 RESPONSE TO INTERROGATORY NO. 18 :
,, 18 # No. CALAVERAS was nor formed until 1975.
19 RESPONSE TO INTERROGATORY NO. 19:
" Calaveras 1$aware that Gordon Coals obtained information retarding these subjects 21 from various sources including JohzwManvtUe, as well as various Federal, Slate and local
22 agencies.
23
(a) CALAVERAS is unable to recall each company or individual with whom such
74
communication occurred, nor the specific dates o f such conununkadons.
CALAVERAS is aware that Gordon Coats obtained information from Cal-OSHA, foe
219
Emdroiiiiicmal Protection Agency, the Department of Interior Bureau r f Mines, and
27
froth Johns-Manville Corporation. He met with an individual employed by fofans-
29
Manviile named Nod Hendry
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(i>) Information regarding the results of tests and/or studies relating to asbestos
AptAufe in the workplace or the human health ccowqnences of exposure to asbestos
was obtained from approximately' July or August 1975 until October 1975. After
October 1975, CALAVERAS was periodically made aware of revisions to regulatory
requirements penauusg to the handling and processing of asbestos.
(cl The custodian of records of any DOCUMENTS reflecting any obtaining of
information by CALAVERAS as to the subjects of Otis IntWTOfiatory, if any exist, is
Daryl Larsen, who can be reached by contacting Douglas G. Wah, at the address
above. Arrangements to review any such existing documents should be made by
contacting Douglas G. Wah, counsel for CALAVERAS.
1 l| RESPONSE TO INTERROGATORY NO. 2 0 ;
No.
RESPONSE TO INTERROGATORY NO. 1 ;
NO.
RESPONSE TO INTERROGATORY NO. 22 j
No.
RESPONSE TO INTERROGATORY NO. 23 :
18
Vo.
19 RESPONSE TO INTERROGATORY NO. 2d :
20
Yea.
21 w (a) Yes
22
(bj Mandatory.
23 24 25 26 27 28 m
(c) CALAVERAS slates on information and belief that such documents exist. (d) Die custodian of any records for CALAVERAS which are responsive to this imenugaany, if any exist, is Duyt Larsen. Arrangements to review any such existing documents should be made by contacting Douglas G. Wah. counsel for CALAVERAS.
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1 RESPONSE TO INTERROGATORY NO. 2$ *
z
No. CALAVERAS was not formed until 1975.
3 RESPONSE TO INTERROGATORY NO. 26 :
4
Yes. 1. Truck Insurance Exchange, Policy if 11559097. $106,000.00 ;
5 2. Mid-Cenauy Insurance Co., Policy #0271-0014, $400,000.00 ; 3. Track Insurance
6 Exchange. Policy # 11559098, $5,000,000.00. The effective dates and the dates of
7 coverage for e u b of die following policies is unknown. Discovery and investigation are
8 continuing. RESPONSE TO INTERROGATORY NO. 27 :
10
No.
n RESPONSE TO INTERROGATORY NO. 2 8 1
32
(8) 1/76 -12/87
13
(h> 1/76 -12/87
14
(c) 1/76 -12/87
15
(d) N/A
1
M/A
17
3 1/76 -12/87
18
(g> N/A
19
oo 11/75 -12/87
zo
03 N/A
21 RESPONSE TO INTERROGATORY NO. 29 >
22
fa) Calaveras Ashtttnt Ltd.
23 r
2
29
<h) Ea December 1975 an amount Of raw asbestos fiber was exported on a test basis. The first domestic sale of rawasbestos fiber by CALAVERAS occurred in
January, 1976.
26
(c) December, 1987
27
<d) The grades of raw asbestos fibers, before 1980 wem: 4t, 5r, 5k. 6r, 6d, 7d,
28
7m, and 7r. Alter 1980, only the following grades were mined by CALAVERAS; 4t,
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1
5r and 6d. Please see die Material Safety Data Sheet attached hereto a Exhibit "A*,
2 f
incorporated herein as though folly sec forth.
3
(e) Please see the Material Safety Data Shan attached hereto as Exhibit "A" and
4
die reproduction of a CALAVERAS package/contaitter attached hereto as Exhibit
5
"B", incorporated herein as though fully set forth.
(f) Calaveras Asbestos products were intended for asbestos cement products.
7
it) No
a
(h) The custodian of any records for CALAVERAS which aw responsive to this
9
interrogatory Is Dtiyi Larsen. Arrangements to review any such existing documents
10
should be made by contacting Douglas G. Walt, counsel for CALAVERAS.
11
<i> The custodian of any records for CALAVERAS which are responsive to this
12
KJtcrrogatory is Dyl Larsen. Arrangements io review any such existing documents
13
should be made by contacting Douglas G. Wait, counsel for CALAVERAS.
T4 ^RESPONSE TO INTERROGATORY NO. 3 0 :
15
No. CALAVERAS owned, operated, and maintained an asbestos mine usd only
16 implied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process 17 or assemble ASBESTOS CONTAINING PRODUCTS.
18 RESPONSE TO INTERROGATORY NO. 3 1 :
19
N/A.
20 RESPONSE TO INTERROGATORY NO. 3 2 ;
11
N/A.
22 RESPONSE TO INTERROGATORY NO. 33 s
23
N/A.
RESPONSE TO INTERROGATORY NO. 34 : 25 w No.
26 RESPONSE TO INTERROGATORY NO. 35:
27
No, CALAVERAS owned. Operated, and nuintauicd an asbestos mine and only
28 supplied other entities with raw asbestos fibers. CALAVERAS did not tnannfacnire, process
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H H IM I M S 3AH S U M
57:91 HOW f f lH H M l
i or assemble ASBESTOS CONTAINING PRODUCTS-
RESPONSE TO INTERROGATORY NO. 3 6 ;
No. CALAVERAS owned, operated, and maintained an asbestos mine end only
r supplied a tta r entities with raw asbestos fibers. CALAVERAS did not murufiehire, process
or assemble ASBESTOS CONTAINING PRODUCTS,
6 RESPONSE TO INTERROGATORY NO. 37 :
7
CALAVERAS owned, operated, and maintained an asbestos mine from 1975 to 1987.
9 CALAVERAS mined, packaged, and soK RAW ASBESTOS. CALAVERAS did o n handle
3 or contact to handle any amount of ASBESTOS-CONTAINING PRODUCT^) as t a t term
io is defined for purposes of (bis set of Interrogatories. Accordingly, me following responses to i t this interrogatory are limited to information regarding RAW ASBESTOS:
12
Yes.
13
(A) through (D):
14
The asbestos fiber was pressure packed in sealed plastic bags, often enclosed in
15 plastic shrink wrap inside containers or trucks; d* fiber was sold under the sane "Calaveras
16 'Asbestos, L td." From 1975 on, each bag of asbestos liber distributed by CALAVERAS had
17 printed on it the wanting mandated by OSHA. Between 1975 and approximately 1980 or
16 1981, pursuant to OSHA requirements, ibe following wanting was printed on each bag;
19
CAUTION
Contains Asbestos Fibers
20
Avoid Creating Dust
Breathing Asbestos Dust May Cause
21
Serious Bodily Harm
22 Thereafter, each hag of asbestos fiber distributed by CALAVERAS had primed on it the
23 following warning mandated by OSHA:
24
DANGER
Contains Asbestos Fibers
29
Avoid Creating Dust
Cancer and Lrag Disease Hazard 26
27 The warning language wa* on the fond of the beg and was io black or brawn or green or 26 blue tetters on a white ground. Please see Exhibits "Cl" and "C2", reproduction* of the
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i warnings which were printed and placed on each package or container of CALAVERAS jaw
2 asbestos fiber wtiicn left the facility, incorporated herein as though &fly eat forth.
3
(e) Gordon Coats. Arrangements to speak with Mr. Coats should be made
4 by contacting Douglas G. Watt, couiwl for CALAVERAS.
9 RESPONSE TO INTERROGATORY NO. 98 ;
No. CALAVERAS owned, operated, and maintained an asbestos pone and only
supplied otfier entities with raw asbestos fibers. CALAVERAS did twt manufacture, process
6 or assemble ASBESTOS CONTAINING PRODUCTS.
9 RESPONSE TO INTERROGATORY NO. 38 t
10
No.
M RESPONSE TO INTERROGATORY NO. 40 ;
12
No.
13 RESPONSE TO INTERROGATORY NQ. 41 ;
14
Nome.
15 RESPONSE TO INTERROGATORY NO. 4 2 1
16
No.
17 RESPONSE TO INTERROGATORY NO. 4 3 :
18 r
N/A.
19 RESPONSE TO INTERROGATORY NO. 44 :
20
CALAVERAS fia t became aware that there is an association between asbestos
21 exposure and disease in human beings in 1975.
22 RESPONSE TO INTERROGATORY NO. 4S j
23
Various members of CALAVERAS became aware of an association between asbestos
24 exposure and disease in human bangs through varying means, including, but not limited In
25 newt media, television and radio reports, newspapers, correspondence and conumtnfcatfon
28 with various maflufteuwers, Federal, State and local agercfes and publications, and scientific
71 and trade association, publications.
29
CALAVERAS is aware that Gordon Coala became aware of an association between
r 92/01M
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11 athaKnn e*po*uns n d disease in human beings when far obtained information from Cal-
2 OSHA, the Eavtnmmenid PraEcnon Agency, the Department of Interior Bureau of Mines,
3 and bom John*-Mattville Corporation. When meeting with an individual employed by Johns-
4 ManviUe named Noel Hendry, Mr. Coats read and signed! a document stating that it had been
s alleged that asbestos could cause bodily Huron tf not handled properly.
RESPONSE T O INTESROGATOKT N O . 46 :
7
Tfa custodian of any records for CALAVERAS which are responsive to this
8 interrogatory is Daryl Larsen. Arrangement* to review any such existing documents should
9 #be made by contacting Douglas O. Wall, counsel for CALAVERAS.
10 RESPONSE TO INTERROGATORY NO. 47 :
(a) In 1975. CALAVERAS advised it* employees, both in writing and orally, that
12
exposure to asbestos raid be haztnlotu to human health.
13
(b) A good faith effort has been made to investigate whether documents that may
14
be responsive to this intcrrogatoiy still exist CA1AVERAS ceased in bush
19
operations in 1987. CALAVERAS states on information and belief that tim e air
16
documents which relate to employee health. A review of tbote documents has nor,
T7
thus for, disclosed the consent of (be actual warnings that were given to the
18
employees. The business records of CALAVERAS may be inspected on request to
19
Douglas G. Wail, counsel for CALAVERAS.
0
(c) The custodian of any records for CALAVERAS which are responsive to this
Z1
interrogatory, if any exict, i* Daryl Larsen. Arrangements to review any such
22
existing documents should be made by contacting Douglas G. Wah, counsel for
23
CALAVERAS.
24
(d) A See <b> above.
25 RESPONSE TO INTERROGATORY NO. 48 :
26
No.
27 RESPONSE T O INTERROGATORY N O . 49 s
26
Yes.
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f
RESPONSE TO INTERROGATORY NO . 5 0 :
On only one occasion was CALAVERAS citad for or otherwise charged by a public
agency with a violation in the GEOGRAPHIC AREA fear any stands, ordinance, safety
order, regulation, or law pertaining to asbestos exposure. See Exhibit 'D* hereto, attached
5 and incorporated herein as (hough fully set forth.
9
{*) CALAVERAS was charged with a violation o f foe visible dust regulations.
/
(b) Approximately1985.
9
(c) Environmental Protection Agency.
9
(d) Gordon Coats: Counsel for CALAVERAS; United States Environmental
10
Protection Agency, and counsel for the EPA.
11 r
(e) Judgment was entered in favor of CALAVERAS, involuntarily dismissing the
12
plaintiff on foe meds and awarding costs to CALAVERAS.
13 RESPONSE TO INTERROGATORY NO. 5 1 :
14
N/A.
19 RESPONSE T O INTERROGATORY NO. 52 i
14
NM.
17 RESPONSE T O INTERROGATORY NO. S3 t
15
Yes.
19
CALAVERAS incorporates herein foe documents responsive to this interrogatory,
20 which have been previously provided to counsel for plaintiffs. The custodian of any records
21 for CALAVERAS which are responsive w fob interrogatory is Daryl Larsen. Arrangements
22 (o review such existing documents should be made fay contacting Douglas G. Wafa, counsel
23 fb r CALAVERAS.
24 DATED: May 11, 1998
ADAMS NYE SINUNU WALKER LLP
26 9.7
29 QADATAtttAMMftDTffl'BQ
92/21 'A
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By:
Daniel M . Fuchs' Attorneys for Defendant CALAVERAS ASBESTOS, LTD.
II HHfTWt flMflMlS HAN SHm
W:91 NOH 86-ll-AWl