Document 7RZyEv8emvYd7d0Oaj2mLxY2E

I LOUIS F. SCHOFIELD I 2, NORBERT U. FROST BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER, INC. 3 1220 Oakland Blvd., Suite 200 Post Office Box 5168 4 Walnut Creek, CA 94596 Tel.: (415) 937-4950 5 Attorneys for Defendant 6 KELLY-MOORE PAINT COMPANY, INC. 001776 T>^cd + , V* 1 zSu-- . 7 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA . 9 IN AND FOR THE COUNTY OF ALAMEDA 10 \' \ 11 No. 603286-1 12 IN RE DISCOVERY AND PRETRIAL ' ) MATTERS FOR RELATED ASBESTOS CASES) 13 (LAW OFFICES OF JACK K. CLAPPER) ) _____________________________ __________J U KELLY-MOORE PAINT COMPANY, INCi.'S RESPONSE TO INTERROGATORIES 15 PROPOUNDING PARTY: PLAINTIFFS 16 RESPONDING PARTY: KELLY-MOORE PAINT COMPANY, INC. 17 SET NO.: 46 18 19 COMES NOW Defendant KELLY-MOORE PAINT COMPANY, INC., in 20 response to interrogatories propounded by Plaintiffs as follows: 21 - GENERAL OBJECTIONS 22 Defendant KELLY-MOORE PAINT COMPANY objects to Plaintiffs' 23 definitions and each of them, to the extent that they attempt to 24 impose obligations greater than those allowable under statutory 25 authority or case law. 26 Most of the events which may be relevant to the issues 27 presented in these consolidated cases occurred many years ago. 28 As a result of the time lapse and the document retention and S9 m. 17. KELLY-MOORS PAINT COMPANY specifically objects to this interrogatory in that it seeks information subject to the attorney-client privilege. attorney work product privilege and otherwise not discoverable under the provisions of i ' C.C.P. 2016(b), 2030(c) and 2037. f 18. Without waiving the foregoing objections incorporated herein < by reference, no. t < DATED: October 28, 1986 1C 11 BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER 12 By: 12 NOfiB At tor 14 KELLY-MOORE PAINT COMPANY, INC. 15 16 17 f 18 19 20 21 22 23 i 24 25 26 27 28 4 VERIFICATION I, NORBERT U. FROST, declare that: I am an attorney-at-law admitted to practice before all courts of the State of California and am a member of the law firm of Surnhill, Morehouse, Burford, Schofield & Schiller, counsel for Xelly-Moore Paint Company, Inc. Kelly-Moore Paint Company, Inc. is unable to make this verification because it is absent from the county in which this matter is venued and for that reason I make this verification on its behalf. I have read the foregoing responses to interrogatories and am informed and believe that the matters stated therein are true and correct, except as to those matters which are stated' on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury that the foregoing is true and correct 1986 at Walnut Creek, California 21 22 23 24 25 26 27 I INTERROGATORY NO. ,38: Has this defendant ever been a member of the Industrial Health Foundation? If so, please (a) The inclusive dates during which this defendant was a member; (b) The names of any publication published by or writter by such association or organization; (.c) The name of any committees or sub-committees of which this defendant was a member or on which this defendant had a representative and the inclusive dates of such representation; It 1] (d) The names of each such committee and sub-committee of which this defendant received minutes and the U inclusive date of such reception and the dates of those minutes received. U NO. 14 INTERROGATORY NO. 39: Please state: 15 16 (1) Whether any of the following methods has been used to transport either raw asbestos or asbestos- 17 containing products and/or materials of this defen dant to the San Francisco Bay Area: 18 19 . (a) Ship 20 (b) Train 21 22 (c) Truck 23 (d) Other, and if so, please specify what method; 2U 25 (2) The inclusive dates each such method was used by 26 this defendant; -30- 1 (3) The types of asbestos or asbestos-containing pro 2 ducts and/or materials transported by each such method. 4 3 (1) (a) No (b) Yes (c) Yes U (2) December 1960 to December 1978 (3) Crysotile, Joint Compound, Textures and Paint 5 INTERROGATORY NO. 40: Identify all brochures, pamph 6 lets, catalogs or other descriptions or listings of asbestos- 7 containing products and/or materials which this defendant > - . is. 3 Q 10 11 12 manufactured, sold, distributed or supplied from the year 1930 to the present. For each such document please state: (a) The title of such document; (b) The year it was printed; (2. f2 v) *> *g MS 5i i1l18sUI-5Siuri2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (c) The years in which it was used; (d) The purpose of such document; (e) Whether the document(s), or copy(ies) of said document(s), presently exist; (f) If said document(s) or copy(ies) still exist, where they are located; (g) The name, job title, and current address of the pre sent custodian of such documents) ; (h) Whether defendant would produce such document(s) fo inspection and copying without a formal request for production of documents. See answer to Interrogatory No. 30 INTERROGATORY NO. 41: State whether any raw asbestos o