Document N2022RQompXoq06351Kv4VJ18

FILE NAME: Chevron (CHV) DATE: 1998 Aug 26 DOC#: CHV007 DOCUMENT DESCRIPTION: Legal - Responses to Interrogatories & j 1 Lawrence P. R iff (State Bar No. 104826) Ruth D. Kahn (State Bar No. 122067) 2 S T E P T O E & JO H N S O N LLP 633-West Fifth Street, Suite 700 3 Los Angeles, California 90071 Telephone: (213) 439-9400 4 Facsimile: (213) 439-9599 5 Attorneys for Defendant CHEVRON U.S.A. INC. d/b/a 6 CHEVRON PRODUCTS COMPANY 7 8 SUPERIOR COURT O F THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 RONALD J. CORBAL and KATHLEEN ) CASE NO. BC 192895 ANN CORBAL, 12 ) ) Complex Asbestos Litigation Subject Plaintiffs, ) To General Orders Contained in File 13 ) NO. C 700 000 vs. 14 ) ) A ssigned to CHEVRON CORPORATION, a ) Hon. D avid Horowitz 15 corporation; CHEVRON RESEARCH AND ) D epartm ent 30 TECHNOLOGY COMPANY, a 16 corporation; CHEVRON RESEARCH AND TECHNOLOGY COMPANY, a 17 corporation, as Successor-In-Interest to CHEVRON U.S.A. INC. d/b/a CHEVRON RESEARCH COMPANY, a CHEVRON PRODUCTS 18 corporation; BREDERO PRICE CO M PA N Y 'S R ESPO N SES TO COMPANY, a corporation; DRESSER PLAINTIFFS' STANDARD 19 INDUSTRIES, INC., a corporation; T & N, IN T E R R O G A T O R IE S pic, a corporation; T & N, pic, a 20 corporation, as Successor-In-Interest to TURNER & NEWALL, a corporation; 21 T&N, pic, a corporation, as Successor-In Interest to KEASBEY & M ATTISON 22 COMPANY, a corporation; TURNER & NEWALL, PLC, a corporation; RAPID 23 AMERICAN CORPORATION, a corporation; RAPID AMERICAN 24 CORPORATION, a corporation, as Successor-In-Interest to PANACON 25 CORPORATION, a corporation; RAPID AMERICAN CORPORATION, a 26 corporation, as Successor-In-Interest to PHILIP CAREY CORPORATION, a 27 corporation; RAPID AMERICAN 28 Doc. #19704 1 CORPORATION, a corporation, as ) Successor-In-Interest to CAREY ) 2 CANADA, INC., a corporation; ) ASBESTOS CORPORATION LIMITED, a ) 3 corporation; CSR, LTD., formally ) COLONIAL SUGAR REFINING ) 4 COMPANY, INC. OF SYDNEY ) AUSTRALIA; UNION CARBIDE ) 5 CORPORATION (f/k/a UNION CARBIDE ) CHEMICALS & PLASTICS COMPANY, ) _6 - INC.); GA E CORPORATION, a___________ ) _ corporation; GAF CORPORATION, a ) 7 corporation, as Successor-In-Interest to ) RUBEROID COMPANY, a corporation; ) 8 GAF BUILDING MATERIALS ) CORPORATION, a corporation; GAF ) 9 BUILDING MATERIALS ) CORPORATION, a corporation, as ) 10 Successor-In-Interest to GAF ) CORPORATION, a corporation; THORPE ) 11 INSULATION COMPANY, a corporation; ) and DOES 1 through 50, ) 12 ) Defendants. ) 13 _________________________________________ ) 14 15 PROPOUNDING PARTY: Plaintiffs RONALD J. CORBAL and KATHLEEN ANN 16 CORBAL 17 RESPONDING PARTY: Defendant CHEVRON U.S.A. INC. d/b/a/ CHEVRON 18 PRODUCTS COMPANY 19 SET NO.: ONE 20 21 DEFENDANT CHEVRON U.S.A. INC. d/b/a/ CHEVRON PRODUCTS COMPANY 22 erroneously sued herein as "Chevron Corporation, Chevron Research and Technology Company 23 and Chevron Research and Technology Company as Successor-in-interest to "Chevron Research 24 Company" hereby responds to Plaintiffs' Standard Interrogatories, served on August 26, 25 1998, as follows: 26 27 28 -2 - Doc. #19704 y 1 PRELIMINARY STATEMENT 2 3 CHEVRON U.S.A. INC. d/b/a/ CHEVRON PRODUCTS COMPANY ("Chevron") 4 objects to service o f the standard interrogatories to product manufacturers in this case in that 5 plaintiffs have not alleged any injuries or damage from a product which Chevron manufactured. 6 "Without waivirig~tfre foregoing general objection and subject thereto, Chevron has 7 endeavored, in good faith, to respond to plaintiffs' interrogatories and states that it has not 8 completed its investigation o f all o f the facts relating to this case, has not fully completed its 9 discovery in this action, and has not completed its preparation for trial. As such, the responses 10 herein are based only upon such information and documents, which are presently available to 11 and specifically known to Chevron, and said responses disclose only those contentions which 12 presently occurred to Chevron. It is anticipated that further discovery, independent investigation, 13 legal research and analysis will supply additional facts, and meaning to known facts, and 14 establish entirely new factual conclusions and legal contentions. 15 The following responses are given without prejudice to Chevron's rights to produce 16 evidence o f any subsequently discovered fact or facts, which Chevron may later recall, or o f 17 which it may later become aware. Accordingly, Chevron reserves the right to change any and all 18 answers herein as additional facts are ascertained, analyses are made, legal research is completed 19 and contentions are formulated. 20 The responses contained herein are made in a good faith effort to supply as much factual 21 information, and as much specification, as is presently known, but should in no way be to the 22 prejudice o f Chevron in relation to further discovery, research, analysis, or proof. 23 24 INTERROGATORY NO. 1.: 25 Please state the full name, present business address, present residence, and capacity or 26 title o f the individual answering or signing these Interrogatories on behalf o f the answering 27 defendant. 28 -3 - Doc. #19704 1 RESPONSE TO INTERROGATORY NO. 1.: 2 The individual verifying these responses on behalf o f Chevron is: Frank G. Soler; 3 Assistant Secretary; Chevron U.S.A. Inc., 575 Market Street, San Francisco, California 94105. 4 INTERROGATORY NO. 2.: 5 Have you, at any time, engaged in the processing, marketing, and sale o f products -6 containing asbestos fibers? 7 RESPONSE TO INTERROGATORY NO. 2.: 8 Yes. Some o f the asbestos-containing coating products manufactured by Chevron 9 contained a minimal amount o f chrysotile asbestos fiber to increase the durability o f the product 10 when exposed to the elements. The fibers were used as a bonding and temperature resistant 11 agent to ensure the structural integrity of the components in which they were used. In each and 12 every case where asbestos fiber was used in a Chevron product, the fibers were completely 13 encapsulated and trapped in a benign matrix when it entered the stream o f commerce. No 14 Chevron product incorporated asbestos as a primary ingredient in the composition o f the 15 product. Chevron's asbestos-containing coating products were sold in pre-mixed, liquid form. 16 As such, it was physically impossible for asbestos fibers to escape from the matrix during the 17 installation o f the product. 18 INTERROGATORY NO. 3.; 19 If your answer to Interrogatory No. 2 is in the affirmative, please state: 20 (a) The trade or brand name o f each such product, mined, manufactured, and/or 21 marketed; 22 (b) The dates that each o f such products were placed on the market; 23 (c) The dates that each o f such products were withdrawn from the market; 24 (d) A description o f the physical (i.e., chemical) composition o f each such product, 25 including the type o f asbestos contained in each such product (i.e., amosite, chrysotile or 26 crocidolite), the quantitative percentage o f asbestos in each product; 27 A description o f the physical appearance o f each such product; 28 (e) A description o f the physical appearance o f each such product; -4 - Doc. #19704 -? 1 (f) A detailed description o f the intended use o f each such product; 2 (g) The name o f the manufacturer o f each such product; 3 (h) The mining or milling concern from which the raw asbestos fiber was obtained. 4 RESPONSE TO INTERROGATORY NO. 3.: 5 Chevron objects to this interrogatory on the grounds that it is overbroad, and seeks -6_ information which is not reasonably calculated to lead to the discovery o f admissible evidence in 7 this case. Chevron further objects to this interrogatory on the grounds that it unduly burdensome 8 and oppressive particularly when the amount o f work required to answer the question fully is 9 balanced against the utility, if any, o f the information sought. Chevron further objects to certain 10 subparts o f this interrogatory to the extent that they seek disclosure o f confidential and/or 11 proprietary information and/or trade secrets concerning the chemical formulation o f its products. 12 Subject to and without waiver o f these objections, Chevron responds as follows: 13 Chevron marketed a line o f coating products called (1) Chevron Asbestos R oof Coating, (2) 14 Chevron Aluminum Asbestos Coating, and (3) Weather Coat (formerly known as Laykold 15 Weather Coat). Chevron Asbestos R oof Coating was last sold in approximately 1984. Chevron 16 Aluminum Asbestos Coating was last sold in approximately 1985. Weather Coat was last sold 17 in approximately 1982. Those three coating products contained a small amount o f asbestos as 18 set forth in response to Interrogatory No. 2. The asbestos was provided by outside vendors. 19 Chevron is presently unable to determine the dates when those three products were first placed 20 on the market. 21 In addition, Chevron marketed or sold the following asbestos-containing products during 22 the timeframes set forth below: Standard Plastic Cement Heavy (from approximately 1947 to 23 approximately 1952); Chevron Blind Nail Cement (from approximately 1968 to approximately 24 1982); Chevron Colorcast Base (from approximately 1978 to approximately 1982); Chevron 25 Color Coat 200 (from approximately 1962 to approximately 1982); Dry Turf Premix (from 26 approximately 1969 to approximately 1973); Chevron Coating Dry Turf (from approximately 27 1969 to approximately 1973); Chevron Fibrated Clay Emulsion (from approximately 1951 to 28 approximately 1982); Chevron Fibercoat (from approximately 1948 to approximately 1982); .5 . Doc. #19704 X. p 1 Chevron Grasstex Surfacing Compound (from approximately 1948 to approximately 1982); 2 Chevron Grasstex Surfacing Compound (Rubberized - from approximately 1965 to 3 approximately 1982); Laykold Heavy Duty Color (from approximately 1962 to approximately 4 1966); Chevron Heavy Duty Resurfacer (from approximately 1961 to approximately 1973); 5 Chevron Plastic Cement (from approximately 1961 to approximately 1982); Step Grip (from __6_ approximately 1952 to approximately 1960); Chevron Tennis Top-3000 (fiom approximately 7 1976 to approximately 1982); Chevron Tile Set (cutback) (from approximately 1956 to 8 approximately 1976); Chevron Walk Top Surfacing Compound Black (from approximately 1961 9 10 to approximately 1982); Chevron Walk Top Surfacing Compound Red (from approximately 1961 to approximately 1982); Chevron Walk Top Surfacing Compound Green (from 11 approximately 1961 to approximately 1982); and Chevron Wet Patch (from approximately 1961 12 to approximately 1982). 13 As stated in response to Interrogatory No. 2, neither Chevron Asbestos Roof Coating, 14 nor Chevron Aluminum Asbestos Coating or Weather Coat contained unbound, individual or 15 friable asbestos fibers. The fibers were used as a bonding and temperature resistant agent to 16 ensure the structural integrity o f the surrounding components. Indeed, in each and every case 17 where asbestos fiber was used in a Chevron product, the fibers were completely encapsulated 18 and trapped in benign matrix when it entered the stream o f commerce. All o f the foregoing 19 coating products was sold in a pre-mix, liquid form. As such, it was physically impossible for 20 asbestos fibers to escape from the matrix during the installation o f the product. No Chevron 21 product incorporated asbestos as a primary ingredient in the composition o f the product. 22 To the extent that this interrogatory seeks non-proprietary information, Chevron provides 23 the following additional information: 24 Asbestos Roof Coating was manufactured under two formulas, which contained 8% and 25 9% asbestos fibers by mass, respectively. Asbestos fiber content ranged in the various 26 formulations from 7% to 11%. The various formulations have included the following types and 27 grades o f chrysotile asbestos fiber: 28 (1) 1930-1948: Philip Carey 3'x (7%-9%); -6 - Doc. #19704 1 1 (2) 1948-1948: Philip Carey 3x (7% -10.2%); 2 (3) 1950-1954: Johns-Manville ("JM") 6D (9%); 3 (4) 1955-1956: JM 7M06 (9%); 4 (5) 1957-1975: JM 7R 05 (11%); 5 (6) 1976-1978: JM 7R05 (8%); -6 (7) 1979-1980: Calidiria HPO (Union Carbide) (11%) and Calaveras 7R (9%); and 7 (8) 1981 -approximately 1982: JM 7R05 (8%) and Calaveras 7R (9%). 8 Chevron Aluminum Asbestos Coating was manufactured under two formulas, each o f 9 which contained 9% asbestos fiber by mass. The asbestos fiber content ranged in the various 10 formulations from 6% to 10.6%. The various formulations have included the following types 11 and grades o f asbestos fiber: 12 (1) 1947-1949: Philip Carey 3x (6%-7.2%); 13 (2) 1951-1953: JM 6D-20 (7.5%); 14 (3) 1954-1956: JM 7M 06 (7.5%); 15 (4) 1957-1975: JM 7R05 (10.6%); 16 (5) 1976-1978: JM 7R05 (9%); 17 (6) 1979-1980: Calidiria HPO (9%); and 18 (7) 1981-approximately 1982: JM 7R 05(9% ). 19 Weather Coat was manufactured under a formula that contained 15% asbestos fiber by 20 21 mass. Historically, Johns-Manville asbestos fiber (specifically JM 7M05) was used in the formulation. Calidiria HPO and Calaveras 7R were also approved for use. 22 Asbestos R oof Coating was a heavy black liquid that weighed 8.4 lbs. per gallon. 23 Aluminum Asbestos Coating was a heavy gray liquid with a gel consistency that weighed 9.5 24 lbs. per gallon. Weather Coat was a black or dark brown viscus material o f easy troweling 25 consistency. All o f the products were intended for use as coatings to a maximum temperature 26 limit o f approximately 200F. Chevron's investigation and discovery are continuing. 27 28 -7 - Doc. #19704  1 INTERROGATORY NO. 4.: 2 Have any o f the products listed in Interrogatory No. 3 been altered in chemical 3 composition or asbestos type or content since first being marketed? 4 RESPONSE TO INTERROGATORY NO. 4.: 5 Chevron objects to this interrogatory on the grounds that it is vague, ambiguous and --6 overbroad and is not reasonably calculated to lead to the discovery o f admissible evidence in this 7 case. Chevron further objects to this interrogatory on the ground that it is burdensome and 8 oppressive particularly when the amount o f work required to answer the question is balanced 9 against the utility, if any, o f the information sought. Subject to and without waiver o f these 10 objections, Chevron responds as follows: Yes, see response to Interrogatory No. 3. Given the 11 length o f time that has passed since Chevron last manufactured or marketed any products which 12 contained asbestos, Chevron is presently unable to provide a further response to this 13 interrogatory. 14 INTERROGATORY NO. 5.: 15 If so, please state: 16 (a) The trade name o f each such product; 17 (b) The date each such product was altered; 18 (c) The nature o f the alteration; 19 (d) The reason for the alteration. 20 RESPONSE TO INTERROGATORY NO. 5.: 21 Chevron objects to this interrogatory on the grounds that it is overbroad and is not 22 reasonably calculated to lead to the discovery o f admissible evidence in this case. Chevron 23 further objects to this interrogatory on the ground that it is burdensome and oppressive 24 particularly when the amount o f work required to answer the question is balanced against the 25 utility, if any, o f the information sought. Subject to and without waiver o f these objections, 26 Chevron responds as follows: See response to Interrogatory No. 3. Given the length o f time that 27 has passed since Chevron last manufactured or marketed any products which contained asbestos, 28 Chevron is unable to provide a further response to this interrogatory at this time. -8 - Doc. #19704  1 INTERROGATORY NO. 6.: 2 Do you have any records which reflect sales o f each o f the products identified by you in 3 Interrogatory No. 3 above for each year said products were sold? 4 RESPONSE TO INTERROGATORY NO. 6.: 5 Chevron objects to this interrogatory on the grounds that it is overbroad and is not _ 6_ reasonably calculated to lead to the discovery o f admissible evidence in this case. Chevron 7 further objects to this interrogatory on the ground that it is burdensome and oppressive 8 particularly when the amount o f work required to answer the question fully is balanced against 9 10 the utility, if any, o f the information sought. Subject to and without waiver o f these objections, Chevron responds as follows: No. 11 INTERROGATORY NO. 7.: 12 If your answer to the preceding interrogatory is in the affirmative, please state: 13 (a) A description o f said records or documents sufficient to permit plaintiff to 14 describe such documents for purposes o f a notice to produce or a motion for production of 15 documents; 16 (b) The name, business address and telephone number, employer, and job title o f the 17 person or persons having present custody o f or control over the original o f said documents. 18 RESPONSE TO INTERROGATORY NO. 7.: 19 Not applicable. 20 INTERROGATORY NO. 8.: 21 For the period 1930 to the present, do you have any written memoranda, specifications, 22 or other written materials o f any kind or character relating to the testing o f the health effects o f 23 products identified in Interrogatory No. 3, above? If so please describe with sufficient 24 particularity to satisfy the requirements o f a Request for Production o f Documents. 25 RESPONSE TO INTERROGATORY NO. 8.: 26 No. 27 28 -9 - Doc. #19704  1 INTERROGATORY NO. 9.: 2 Did you make any design changes as a result o f such tests referred to in Interrogatory 3 No. 8? 4 RESPONSE TO INTERROGATORY NO. 9.: 5 Not applicable. __6_ INTERROGATORY NO. 10.: 7 If so, please state: 8 (a) The nature o f the change made, the name, address and job classification o f each 9 person in charge o f making a change. 10 RESPONSE TO INTERROGATORY NO. 10.: 11 Not applicable. 12 INTERROGATORY NO. 11.: 13 Have you, at any time, published and/or distributed any brochures, sales literature, 14 pamphlets or other written materials (aside from any caution labels on containers) o f any kind or 15 16 character that contain any warnings, cautions, caveats, or directions concerning the possibility o f injury resulting from the use o f the products listed in Interrogatory No. 3, above? 17 RESPONSE TO IN TERRO G A TO RY NO. 11.: 18 Yes. 19 INTERROGATORY NO. 12.: 20 21 From 1930 to the present, did the asbestos products manufactured or distributed by you, contain any warnings, cautions, caveats or other statements on the product or its packaging? 22 RESPONSE TO INTERROGATORY NO. 12.: 23 Yes. 24 INTERROGATORY NO. 13.: 2625 If so, please state: (a) When did the warnings first appear? 27 (b) What was the precise wording o f the warning, when it first appeared? 28 -1 0 - Doc. #19704 1 (c) Was the warning altered, amended or changed in any manner? If so, how and 2 when? 3 (d) Where was the warning located on the product or packaging? 4 (e) When did you become aware o f warnings placed on products distributed by other 5 manufacturers or suppliers o f asbestos or asbestos-containing products? 6 (f) State the manner in which your product is shipped and the type o f container in 7 which it is shipped to retailers; 8 (g) State whether any industrial psychologists or human factors engineers were 9 consulted prior to utilizing such warnings, cautions, etc. 10 RESPONSE TO INTERROGATORY NO. 13.; 11 (a) After conducting a diligent search and making a reasonable inquiry, Chevron is 12 unable to determine the precise date when warnings were placed on the asbestos-containing 13 products which it manufactured or distributed. 14 (b) M ost o f Chevron's asphalt-based products had the following warning, or a 15 similar version o f this warning on the label: 16 "DANGER! HARMFUL OR FATAL IF SWALLOWED. COMBUSTIBLE. 17 KEEP OUT OF THE REACH OF CHILDREN. 18 "Contains Petroleum Naptha: Keep away from heat or open flame. Use only in 19 well-ventilated area. Avoid prolonged or repeated breathing o f vapor or contact 20 with skin or eyes. If swallowed, DO NOT INDUCE VOMITING. CALL A 21 PHYSICIAN IMMEDIATELY." 22 (c) After conducting a diligent search and making a reasonable inquiry, Chevron is 23 unable to determine whether the warning was altered, amended or changed. 24 (d) The warning set forth in subpart (b) was on the packaging. 25 (e) After conducting a diligent search and making a reasonable inquiry, Chevron is 26 unable to determine the precise date it became aware that other manufacturers or suppliers of 27 asbestos-containing products were placing warnings on their products. 28 -11 Doc. #19704 I 1 (f) Most o f the asphalt-based products were shipped in either five-gallon plastic 2 pails or in 53-gallon metal drums. 3 (g) At this time it is unknown whether any industrial psychologists or human factors 4 engineers were consulted prior to utilizing such warnings. 5 INTERROGATORY NO. 14.: 6 When did you first receive notice that any person claimed injury as a result o f exposure 7 to asbestos or asbestos-containing products manufactured and/or sold by you? 8 RESPONSE TO INTERROGATORY NO. 14.: 9 Chevron objects to this interrogatory on the grounds that it seeks information which is 10 not reasonably calculated to lead to the discovery o f admissible evidence in this case. 11 Subject to and without waiver o f these objections, Chevron responds as follows: based 12 on our present knowledge, Chevron first received such notice when a Chevron entity was first 13 served with a Summons and Complaint in a lawsuit, in about December 1993. 14 INTERROGATORY NO. 15.: 15 With respect to the claim described in Interrogatory No. 14, please state: 16 (a) The name and address o f the claimant; 17 (b) The date o f notice o f the claim; 18 (c) A description o f the claim, i.e. Workers' Compensation, products liability, etc.; 19 (d) The type o f injuries allegedly sustained; 20 (e) The name and address o f the attorney who represented the individual making 21 such claim; 22 (0 The style and court number o f the claim if any; 23 (g) The resolution o f the claim. 24 RESPONSE TO INTERROGATORY NO. 15.: 25 (a) Peter and Kathleen Egan, Clifton, NJ. 26 (b) See response to 14 above. 27 (c) Personal injury, asbestos. 28 (d) Pleural. -12 - Doc. #19704 1 * 1 (e) Leisah Bluespruce, New Brunswick, NJ. 2 (f) Egan, Peter and Kathleen v. Chevron Industries Inc. ; NJ State Court, Middlesex 3 County; Docket # L-l 1881-93. 4 (g) Pending. 5 INTERROGATORY NO. 16.: 6 Do you have any policies o f insurance that cover the claims that have been made by 7 plaintiff herein? 8 RESPONSE T O INTERROGATORY NO. 16.: 9 Chevron objects to this interrogatory on the grounds that it is overbroad and is unduly 10 burdensome in that it asks Chevron to review every one o f its insurance policies to provide 11 responsive information, and there has been no showing that the requested information is 12 necessary or relevant to any potential judgment which may be entered against Chevron in this 13 case. Chevron further objects to this interrogatory on the grounds that it seeks information that 14 may be confidential or protected from disclosure by the attorney client privilege and/or attorney 15 work product doctrine. Subject to and without waiver o f these objections, Chevron responds as 16 follows: Chevron does not carry insurance for the claims and injuries o f the nature and extent 17 asserted by the plaintiffs. 18 IN TER RO G A TO R Y NO 17.: 19 I f so, please list the names o f each insurance carrier with whom you have coverage, the 20 amount o f such coverage, and the dates o f each such policy. 21 RESPONSE T O INTERROGATORY NO. 17.: 22 Not applicable. 23 INTERROGATORY NO. 18.; 24 Please describe in detail the type o f packages in which you have sold asbestos materials, 25 listing the dates each type o f package was used, a physical description thereof, and a description 26 o f any printed material or trademark that appeared thereon. 27 28 -13 - Doc. #19704 1 RESPONSE TO INTERROGATORY NO. 18.: 2 See above responses to Interrogatory No. 13(b) and 13(f). Additionally, product 3 application information also appeared on the outside o f the product packaging. 4 INTERROGATORY NO. 19.: 5 For the period 1930 to January 1, 1978, did you receive any reports or communications _6 from your Workers' Compensation insurance carrier or products liability insurance carrier with 7 regard to the hazards incident to use o f asbestos-containing products? If so, please state who had 8 possession o f said reports, the location o f said reports, and the substance o f the contents o f said 9 reports, listing for each such report the respective insurance company, its address and the agent 10 signing such correspondence. 11 RESPONSE TO INTERROGATORY N O . 19.: 12 Not to our current knowledge. 13 INTERROGATORY NO. 20.: 14 Have you imported asbestos or asbestos materials since 1930? 15 RESPONSE TO INTERROGATORY NO. 20.: 16 No. 17 INTERROGATORY NO. 21.: 18 If the answer to the preceding Interrogatory is in the affirmative, please state: 19 (a) From where the asbestos or asbestos materials were imported; 20 (b) How long you have imported asbestos or asbestos materials; 21 (c) W hether you have supplied this imported asbestos or asbestos materials to any o f 22 the other defendants since 1945, when these transactions took place and where; 23 (d) W hether any warnings, cautions, caveats, or directions accompanied the 24 materials referred to in subpart (c) above, and the date these first appeared. 25 RESPONSE TO INTERROGATORY NO. 21.; 26 Not applicable. 27 28 - 14 - Doc. #19704 1 INTERROGATORY NO. 22.: 2 If you have discontinued manufacturing and/or selling any asbestos products, please state 3 the reason or reasons therefor. 4 RESPONSE TO INTERROGATORY NO. 22.: 5 Chevron objects to this interrogatory on the grounds that it is overbroad and seeks Ji information w hichls nof reasonably calculated to lad to the discovery o f admissible evidence in 7 this case, particularly since plaintiff Ronald Corbal's alleged exposure to asbestos occurred long 8 before the date Chevron discontinued manufacturing and/or selling many o f its asbestos- 9 containing products. Notwithstanding the above, Chevron is unable to provide the reasons why 10 it discontinued manufacturing and/or selling each o f its asbestos-containing products at this time. 11 INTERROGATORY NO. 23.: 12 Have any other manufacturers or suppliers o f asbestos or asbestos-containing products 13 ever furnished you with information as to the state o f medical knowledge regarding the 14 connection between asbestos exposure and the contracting o f cancer or asbestosis? 15 RESPONSE TO INTERROGATORY NO. 23.: 16 Chevron objects to this interrogatory to the extent that it calls for information which is 17 protected by the attorney client privilege and/or the attorney work product doctrine. Chevron 18 further objects to this interrogatory on the grounds that it seeks information, which is not 19 reasonably calculated to lead to the discovery o f admissible evidence in this action. Chevron is 20 aware o f the following non-privileged information: John-Manville Corporation furnished 21 Chevron with information concerning the health effects o f occupational exposure to asbestos in 22 1971, three years after plaintiff Ronald Corbal was allegedly exposed to the asbestos. 23 INTERROGATORY NO. 24.: 24 If the answer to the preceding Interrogatory is in the affirmative, please state: 25 (a) What information was furnished to you; 26 (b) The date the information was furnished to you; 27 (c) The names o f all parties who furnished the information to you. 28 -15 - Doc. #19704' 1 RESPONSE TO INTERROGATORY NO. 24.: 2 See response to Interrogatory No. 23. 3 INTERROGATORY NO. 25.: 4 Have any manufacturers or suppliers o f asbestos or asbestos-containing products 5 furnished to you or have you furnished any other manufacturers or suppliers o f asbestos or Jl asbestos-containing products the results o f any research, tests, medical studies or experiments 7 regarding the state o f the medical knowledge as to the connection between asbestos exposure 8 and the contracting o f cancer or asbestosis, since 1930? 9 RESPONSE TO INTERROGATORY NO. 25.: 10 No, not to our current knowledge. 11 INTERROGATORY NO. 26.: 12 If the answer to the preceding interrogatory is in the affirmative, please state: 13 (a) When each took place; 14 (b) Who participated in each; 15 (c) A summary o f the content o f each document or communication. 16 RESPONSE TO INTERROGATORY NO. 26.: 17 Not applicable. 18 INTERROGATORY NO. 27.: 19 Have you ever conducted or sponsored or contributed financially to any studies or 20 research to determine if the inhalation o f asbestos fibers may be harmful? I f so, please state: 21 By whom the research was conducted, giving complete names and addresses; 22 (a) The dates that each such test was conducted; 23 (b) The complete results o f each test or study; 24 (c) Whether you will supply copies o f reports o f the research department 25 pertaining to the use o f the corporation o f asbestos and their manufactured asbestos-containing 26 products, without the necessity o f a formal notice to produce or motion to produce documents, 27 and, if so, please attach said copies to your answers to Interrogatories. 28 - 16 - Doc. #19704 1 RESPONSE TO INTERROGATORY NO. 27.; 2 No, not to our current knowledge. 3 INTERROGATORY NO. 28.: 4 State the names and addresses o f your chief medical officers from 1930 until the present 5 time, listing the periods o f time each such medical officer was employed by you, and in what _6_ capacity. 7 RESPONSE TO INTERROGATORY NO. 28.: 8 Neither Chevron nor its predecessor ever employed a chief medical officer. However, 9 Chevron and its predecessor employed several physicians during the stated time period to 10 manage the general medical affairs o f the Corporation. The following is a list o f those 11 physicians. The business address for each o f the physicians is 575 Market Street, San Francisco, 12 CA 94105. 13 1930-1948 H.S. Thompson 14 1948-1965 L.E. Curtis 15 1965-1975 G.W. Richmond 16 1975-1983 J.D. Ryan 17 1983-1995 R.E. Swencicki 18 1995-Present T.L. Bridge 19 INTERROGATORY NO. 29.: 20 Name the person in the corporate structure to whom the chief medical officer reports or 21 reported, also giving that person's position and/or job title in the corporation. 22 RESPONSE TO INTERROGATORY NO. 29.: 23 The current Medical Director reports directly to C.P. Russum, the General Manager o f 24 the Center for Expertise, a division o f the Corporate Human Resources Department. Previous 25 Medical Directors reported to various Corporate Vice Presidents o f Human Resources. Chevron 26 is currently unaware o f the names o f those individuals and their historical dates o f employment. 27 INTERROGATORY NO, 30.: 28 Please state the duties and responsibilities o f the corporation's chief medical officer. _ 17 _ Doc. #19704 < 1 RESPONSE TO INTERROGATORY NO. 30.: 2 See response to Interrogatory No. 28. 3 INTERROGATORY NO. 31.: 4 Please state the names and addresses o f all physicians who were employed, retained, or 5 otherwise engaged by you at any o f your facilities from the year 1930 until the present time for 6 the purposes o f evaluating, diagnosing or treating pulmonary complaints or problems in past, 7 present or prospective employees. 8 RESPONSE TO INTERROGATORY NO. 31.: 9 Chevron objects to this interrogatory on the grounds that it is overbroad, and seeks 10 information which is not reasonably calculated to lead the discovery o f admissible evidence in 11 this case. Chevron further objects to this interrogatory on the grounds that it is unduly 12 burdensome and oppressive particularly when the amount o f work required to answer the 13 question fully is balanced against the utility, if any, o f the information sought. Chevron further 14 objects to this interrogatory to the extent that it seeks information which is protected from 15 disclosure by the attorney-client privilege and/or the attorney work product doctrine. Subject to 16 and without waiver o f these objections, Chevron responds as follows: Chevron employed 17 numerous physicians in the United States and outside the United States during the stated time 18 period. The following is a list o f physicians employed by Chevron or its predecessor during the 19 stated time period who Chevron has identified to date: Timothy L. Bridge; Gerrit Michael; 20 Robert E. Swencicki; Michael Gilberti; N.M. Nisar; Samuel N. Bacon; Ward Richter; Willard 21 Hawkins; Howard W. Kopping; William A. Komblum; R.J. Shaw; Letcher Barnes; Kenneth 22 Olschansky; Wolfgang Hartz; Gordon Richmond; James Holland; James D. Ryan; H.S. 23 Thompson and L.E. Curtis. The business address for each o f the physicians is 575 Market 24 Street, San Francisco, CA 94105. Chevron is currently unaware whether any o f these physicians 25 evaluated, diagnosed, or treated pulmonary complaints or problems in employees. Investigation 26 and discovery are continuing. 27 28 -18 - Doc. #19704 1 INTERROGATORY NO. 32.: 2 Please state the names and addresses o f all persons employed by you from 1930 through 3 January 1, 1978 who functioned as industrial hygienists. As contemplated by these 4 interrogatories, an industrial hygienist is one that performs engineering or health studies to 5 identify and evaluate potential occupational health hazards, and suggests methods o f dealing _6 w ithsam e. With respect to each person empioved bv you as ah industrial hygienist, please state: 7 (a) The facility or office to which each was assigned; 8 (b) His or her complete and precise duties and responsibilities. 9 RESPONSE TO INTERROGATORY NO. 32.: 10 Chevron objects to this interrogatory on the grounds that it is overbroad and seeks 11 information which is not reasonably calculated to lead to the discovery o f admissible evidence in 12 this case. Chevron further objects to this interrogatory on the grounds that it is burdensome and 13 oppressive particularly when the amount o f work required to answer the question fully is 14 balanced against the utility, if any, o f the information sought. Chevron further objects to this 15 interrogatory to the extent that it seeks information which is protected from disclosure by the 16 attorney-client privilege and/or the attorney work product doctrine. Subject to and without 17 waiver o f these objections, Chevron responds as follows: Chevron employed numerous 18 industrial hygienists in the United States and outside the United States during the stated time 19 period. All o f the industrial hygienists employed by Chevron were responsible for work place 20 safety. Chevron's industrial hygienists over the years included: A.C. Bagos; J.L. Carbajal; R.T. 21 Cheng; W.S. Cook; C.D. Crossman; H.P. Davis; K.J. Diaz; M.M. Duda; G.L. Hunting; T.S. 22 Kellogg; L.L. Leslie; M.N. Nyeholt; R.J. Reinhart; J.L. Terry; C.L. Wang; C.L. Kyllonen; C.A. 23 Hales; J.E. Sprinson; W.H. Graze; J.J. McDermott; N.C. Zeiser; H.T. Miller; L.A. Rovnanik; 24 W.D. Holland; P.J. Forman; J.J. Sunderland; C.J. Kmetz; J.S. Hatfield; D.C. Gilley; R.K. Grant; 25 M.G. Boone; J.M. Anderson; G.M. Gia; E.J. Fourakis; M.M. Sunderland; S.L. Dryden; B.S. 26 Lyle; R.C. Stover and D.J. Lovell. 27 28 - 19 - Doc. #19704 * * 1 INTERROGATORY NO. 33.: 2 Did you medical officers, physicians or industrial hygienist at any time, ever make any 3 recommendations and/or suggestions to you pertaining to the risks or hazards to persons 4 involved in the manufacturing or use o f asbestos or asbestos-containing products? If so, please 5 sate: A (a) Where the recommendations were made; 7 (b) To whom they were made; 8 (c) By whom they were made; 9 (d) The substance o f each recommendation. 10 RESPONSE TO INTERROGATORY NO. 33.: 11 No, not to our current knowledge. 12 INTERROGATORY NO. 34.: 13 Please state the names o f trade association periodicals to which you subscribed from 14 1928 to January 1,1978. State whether or not during said period, you had any knowledge o f any 15 articles being printed in industry trade journals, essays, memoranda, and other similar sources 16 pertaining to the hazardous potentials o f asbestos, and please further state which o f such articles 17 were received by you. 18 RESPONSE TO INTERROGATORY NO. 34.: 19 Chevron and/or its employees subscribed to numerous business, technical and 20 professional publications during the stated time period. These publications included, but are not 21 limited to: American Petroleum Institute; Abstracts o f Petroleum Refining and Petrochemicals; 22 Abstracts o f Refining Patents. Chevron is unable to state at the present time whether or nor it 23 received any articles during the relevant time period pertaining to the health effects o f asbestos 24 exposure. 25 INTERROGATORY NO. 35.; 26 Name those organizations, groups, inter-company or industrial organizations, their 27 committees or subcommittees, to which you belong which conducted studies or researched 28 -2 0 - Doc. #19704 1 relationships, if any, between exposure to asbestos fibers or products and asbestosis and lung 2 cancer, from 1945 to 1970 and the years o f your membership. 3 RESPONSE TO INTERROGATORY NO. 35.: 4 Chevron was a member o f the American Petroleum Institute from approximately 1965 to 5 the present; Chevron was a member o f the Industrial Hygiene Foundation from 1955 to 1960; _ 6_ AlsoV Chevron was a member o f the American Industrial Hygiene Association and the National 7 Safety Council. Chevron is unable to ascertain the time frame during which it was a member o f 8 the American Industrial Hygiene Association or the National Safety Council. Membership in 9 committee and/or subcommittees known at this time include the Medical Advisory Committee, 10 the Health and Biological Committee and the Industrial Hygiene Committee o f the American 11 Petroleum Institute. The dates o f such membership are not presently known. 12 INTERROGATORY NO. 36.: 13 Have you received copies o f transcribed minutes o f the various committee meetings, 14 subcommittee meetings, general meetings and Board o f Director meetings o f any organization 15 listed in answer to Interrogatory No. 35 within one year o f such meetings? 16 RESPONSE TO INTERROGATORY NO. 36.: 17 Following a diligent search and reasonable inquiry, Chevron responds as follows: No, 18 not to our current knowledge. Investigation and discovery are continuing. 19 INTERROGATORY NO. 37.: 20 Please state the amounts you have spent or contributed annually, from 1930 until January 21 1, 1978, for research specifically directed to the relationship, if any, between an exposure to 22 asbestos-containing products and asbestosis, lung cancer or any other pulmonary disease. 23 RESPONSE TO INTERROGATORY NO. 37.: 24 Chevron has no record o f or knowledge o f having spent money on any such pursuit. 25 INTERROGATORY NO. 38.: 26 Please state the amount you have annually contributed from 1930 through January 1, 27 1978 to any independent medical research group or groups conducting research into the 28 -21 - Doc. #19704 1 relationship, if any, between exposure o f those employees who work with asbestos-containing 2 products to asbestos and any pulmonary disease. 3 RESPONSE TO INTERROGATORY NO. 38.: 4 Chevron has no record o f or knowledge o f such expenditures. 5 INTERROGATORY NO. 39.: _6 Please state the names aiSTaddresses o f the organization or groups conducting the studies 7 referred to in your answer to Interrogatory Nos. 37 and/or 38 above. 8 RESPONSE TO INTERROGATORY NO. 39.: 9 Not applicable. 10 INTERROGATORY NO. 40.: 11 Have you had a department, division or section devoted to scientific and/or medical 12 research during the period from 1930 until January 1, 1978? If so, please state its titlefs) and 13 when it was first formed. 14 RESPONSE TO INTERROGATORY NO. 40.: 15 One o f Chevron's predecessors had a department which was devoted to technical and 16 scientific research during the stated time frame. The title o f the department and the date it was 17 formed are not presently know. Neither Chevron nor its predecessors had a department devoted 18 to medical research. 19 INTERROGATORY NO. 41.: 20 Please state the scientific or medical periodicals to which you, your medical department 21 or industrial hygiene division subscribed during the period between 1930 and 1964, specifying 22 the date such subscriptions were begun. 23 24 RESPONSE TO INTERROGATORY NO. 41.: 25 See responses to Interrogatory Nos. 34 and 40. 26 27 28 -22 - Doc. #19704 1 INTERROGATORY NO. 42.; 2 Please state whether any o f your asbestos-containing products were provided with any 3 special instructions, oral or written, in regard to utilizing said products in a manner so as to avoid 4 exposing workers to amounts o f dust exceeding threshold limit values. If so, state: 5 (a) When these instructions were given; 6 (bj B yw hom these instructions were given; 7 (c) Whether the instructions were oral or written; 8 (d) The precise content o f the instructions; 9 (e) If the instructions were written, please attach a copy o f the instructions. 10 RESPONSE TO INTERROGATORY NO. 42.; 11 See responses to Interrogatory Nos. 2, 3 and 4. Investigation and discovery are 12 continuing. 13 INTERROGATORY NO. 43.: 14 Did any representatives o f yours attend the 20th annual meeting o f the IHF in November, 15 1955, in Pittsburgh, Pennsylvania? If so, give the name and current address o f each such 16 attendee. 17 RESPONSE TO INTERROGATORY NO. 43.: 18 Following a diligent search and a reasonable inquiry, Chevron is unable to determine 19 whether any company representatives attended said meeting. Investigation and discovery are 20 21 continuing. INTERROGATORY NO. 44.: 22 Have you received a copy or copies o f the Industrial Hygiene D igest published monthly 23 by the IHF, and if so, state the date o f initial receipt o f such publication. 24 RESPONSE TO INTERROGATORY NO. 44.: 25 Chevron has no record o f having received said publication. See response to 26 Interrogatory No. 34. 27 INTERROGATORY NO. 45.: 28 Have you ever requested IHF officials to: -23 - Doc. #19704 1 (a) Perform a search o f the medical literature to determine whether any scientists or 2 doctors were reporting cases o f asbestosis and/or lung cancer in ship workers, mechanics, or 3 other working with or exposed to asbestos-containing products, or discussing the potential 4 hazards incident to use o f asbestos-containing products; 5 (b) Perform any studies or research into potential health hazards incident to the use A o f asbestos-containing products; .. .... ................ 7 (c) Review governmental publications o f Great Britain for determining whether 8 research was being conducted by the British government into any potential health hazards 9 incident to the use o f insulation products containing asbestos; 10 (d) Review governmental publications o f Great Britain to determine whether the 11 Chief Inspector o f Factories, or any other British government agency, had issued any regulations 12 or published any findings relative to potential health hazards incident to the use o f asbestos or 13 asbestos-containing products. 14 RESPONSE TO INTERROGATORY NO. 45.: 15 (a) No. 16 (b) No. 17 (c) No. 18 (d) No. 19 INTERROGATORY NO. 46.: 20 Did you at any time prior to January 1, 1980 warn any labor union representing ship 21 workers, mechanics, construction workers or others working with or exposed to asbestos- 22 containing products, o f any potential health hazard from the use o f asbestos or asbestos- 23 containing products? 24 RESPONSE TO INTERROGATORY NO. 46.: 25 No, not to our current knowledge. 26 INTERROGATORY NO. 47.: 27 If the answer to the preceding Interrogatory is in the affirmative, please state: 28 (a) The name o f the union; -24 - Doc. #19704 T 1 (b) How said union was informed; 2 (c) The date and place o f said information or warning; 3 (d) The content and nature o f said warning; 4 (e) The individual or individuals warned. 5 RESPONSE TO INTERROGATORY NO. 47.; _6 Not applicable! 7 INTERROGATORY NO. 48.: 8 State the name o f all person who have acted in the capacity o f medical librarian for you 9 from 1930 to January 1, 1978, give their current address, telephone number, and current position 10 with the company. 11 RESPONSE TO INTERROGATORY NO. 48.: 12 We are unaware o f anyone ever having worked in that capacity at Chevron. 13 INTERROGATORY NO. 49.: 14 State whether you ever subscribed to or received or reviewed copies o f the Asbestos 15 Worker magazine and state the years o f subscription or receipt o f this magazine. 16 RESPONSE TO INTERROGATORY NO. 49.: 17 Chevron has no record of having received said publication. See response to 18 Interrogatory No. 34 above. 19 INTERROGATORY NO. 50.: 20 Please state whether you subscribe to the Asbestos magazine, and list the inclusive dates 21 o f your subscription. 22 RESPONSE TO INTERROGATORY NO. 50.: 23 Chevron is unaware o f any such subscription. 24 INTERROGATORY NO. 51.: 25 Please identify all booklets, manuals, journals, and all publications directed from you 26 prior to January 1, 1980 to customers and users o f all asbestos-containing products and the dates 27 said information was forwarded regarding the proper use and application o f your asbestos- 28 containing products. -25 - Doc. #19704  1 RESPONSE TO INTERROGATORY NO. 51.: 2 To the extent that any such publications existed, Chevron is unable to determine whether 3 they were ever actually directed to customers. Assuming such materials existed, and they were 4 actually directed to customers, Chevron is unable to determine the specific dates o f such activity. 5 INTERROGATORY NO. 52.: _6_ Please describe and identify all tests and^xperiments conducted by you prior to January 7 1, 1980 to determine whether or not asbestos fibers contained within your asbestos-containing 8 products would become airborne upon their being applied by asbestos workers or helpers. 9 Please state the dates o f all tests and experiments, the results, and conclusions o f each test and/or 10 experiment. 11 RESPONSE TO INTERROGATORY NO. 52.: 12 Chevron is unaware o f any such tests. 13 INTERROGATORY NO. 53.: 14 At any time prior to 1964, were any tests or studies conducted or sponsored by you to 15 determine: 16 (a) The level o f dust or fiber concentrations incident to: 17 (i) Cutting or sawing your asbestos-containing products; 18 () Sanding your asbestos-containing products; 19 (iii) Tearing out the product during repair and maintenance functions; 20 (iv) Mixing asbestos-containing products. 21 (b) W hether long-term (20 years or more) exposure to products containing 15% 22 asbestos or less for work periods less than eight hours a day, both indoors and outdoors, which 23 resulted in the liberation o f asbestos dust or fiber below five million particles per cubic foot 24 (mppcf) might cause asbestosis or expose such workers to an increased statistical risk o f 25 contracting; 26 (i) Bronchogenic cancer, 27 (ii) Mesothelioma (pleural or peritoneal); 28 (iii) Gastrointestinal cancer. -26 - Doc. #19704 > 1 RESPONSE TO INTERROGATORY NO. 53.: 2 (a) No, not to our current knowledge. 3 (b) No, not to our current knowledge. 4 5 INTERROGATORY NO. 54.: -6. State the date and the source from which you received your first notice and awareness o f 7 TLV's pertaining to the concentration o f airborne asbestos fibers. 8 RESPONSE TO INTERROGATORY NO. 54.: 9 Chevron is unable to determine the precise date and source that it first learned about 10 TLV's with respect to the concentration o f airborne asbestos fibers. 11 INTERROGATORY NO. 55.: 12 Between 1930 and 1978, did you hear from any source o f an alleged association between 13 asbestos exposure and the development o f cancer, asbestosis and pulmonary disease? 14 RESPONSE TO INTERROGATORY NO. 55.: 15 The medical and scientific knowledge regarding the potential hazards o f asbestos 16 exposure in different contexts was developed over many years, and is the subject o f expert 17 testimony in ongoing litigation. To that extent, Chevron objects to this interrogatory on the 18 grounds that it seeks information that is protected from disclosure under C.C.P. 2034, the 19 attorney-client privilege and/or the attorney woric product doctrine. Without waiving these 20 objections, Chevron responds as follows: It is not possible to identify the specific time when its 21 awareness o f the potential hazards o f asbestos exposure occurred. 22 INTERROGATORY NO. 56.: 23 State when your knowledge as to the alleged association between the inhalation o f 24 asbestos fibers and contraction o f cancer and asbestosis was first acquired, and state the source 25 o f that information. 26 RESPONSE TO INTERROGATORY NO, 56.: 27 The medical and scientific knowledge regarding the potential hazards o f asbestos 28 exposure in different contexts was developed over many years, and is the subject o f expert 77 _ Doc. #19704  1 testimony in ongoing litigation. To that extent, Chevron objects to this interrogatory on the 2 grounds that it seeks information that is protected from disclosure under C.C.P. 2034, the 3 attorney-client privilege and/or the attorney work product doctrine. Without waiving these 4 objections, Chevron responds as follows: It is not possible to identify the specific time when its 5 awareness o f the potential hazards o f asbestos exposure occurred. _ 6_ INTERROGATORY NO. 57.: ~ ......... 7 Do you subscribe to the United States Public Health Bulletin Service? If so, please state 8 the date when you first so subscribed to the Public Health Service Bulletin. 9 RESPONSE TO INTERROGATORY NO. 57.: 10 Chevron has no record o f a subscription to the United States Public Health Bulletin 11 Service. See response to Interrogatory No. 34. 12 INTERROGATORY NO. 58.; 13 Please state the date when, if ever, you first notified your employees working in your 14 manufacturing plants and factories as to the need to wear and use respirators. 15 RESPONSE TO INTERROGATORY NO. 58.: 16 Chevron objects to this interrogatory on the grounds that it is overbroad and seeks 17 information which is not reasonably calculated to lead to the discovery o f admissible evidence in 18 this case. Chevron further objects to this interrogatory on the grounds that it is burdensome and 19 oppressive particularly when the amount o f work required to answer the question fully is 20 balanced against the utility, if any, o f the information sought. Subject to and without waiver o f 21 these objections, Chevron responds as follows: Chevron is unable to determine the exact date 22 that such notice was, if ever, given. Investigation and discovery are continuing. 23 INTERROGATORY NO. 59.: 24 Please state the date when you first notified workers applying your asbestos-containing 25 products as to the need to wear and use respirators. 26 RESPONSE TO INTERROGATORY NO. 59.: 27 Chevron objects to this interrogatory on the grounds that it is overbroad and seeks 28 information which is not reasonably calculated to lead to the discovery o f admissible evidence in . 28 - Doc. #19704 t 1 this case. Chevron further objects to this interrogatory on the grounds that it is burdensome and 2 oppressive particularly when the amount o f work required to answer the question fully is 3 balanced against the utility, if any, o f the information sought. Subject to and without waiver o f 4 these objections, Chevron responds as follows: See response to Interrogatory No. 42. 5 INTERROGATORY NO. 60.: 6 Have you ever published bulletins warnings your employees concerning the hazards o f 7 inhaling asbestos and coming into contact with your asbestos-containing products? If so, 8 describe sufficiently for purposes o f a notice to produce all such bulletins. 9 RESPONSE TO INTERROGATORY NO. 60.: 10 Chevron issued a compliance guideline for the Federal OSHA Asbestos Standard during the mid 1980s. Also see responses to Interrogatory Nos. 2 and 13. INTERROGATORY NO. 61.; Have any of your officers, agents, servants or employees ever testified before any governmental body regarding the possible harmful effects o f asbestos exposure? If so, please state: (a) When and where such testimony was given; (b) A summary o f said testimony; (c) If said testimony was recorded, and if so, attach a copy to the answer to these interrogatories. -29 - Doc. #19704 f 1 RESPONSE TO INTERROGATORY NO. 61.: 2 No, not to our current knowledge. 3 4 DATED: October 16, 1998 5 STEPTOE & JOHNSON LLP 6 7 8 BY Lawrence P. R iff 9 Ruth D. Kahn Attorneys for Defendant 10 CHEVRON U.S.A. INC. d/b/a 11 CHEVRON PRODUCTS COMPANY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -30 - Doc. #19704 1*8, 16-98 15:56 1 415 894 1092 FRI 15:58 FAI 1 415 884 1092 P .03 CHEV PRODUCTS-LAW SF R--232 Job-206 I V E R IF IC A T IO N 2 I, Frank G. Soler, declare as follows: 3 <t 1. I am the A ssistant Secretary for Defendant Chevron U.S.A. Inc., and I am authorized to 5 make this verification on its behalf. I have read the foregoing RESPONSES TO 6 PLAINTIFF'S STANDARD INTERROGATORIES, and know the contents thereof. 7 8 2. Certain matters stated in the foregoing responses are not entirely within my personal 9 knowledge. The information provided in the foregoing responses was assembled by to authorized personnel and counsel. 11 12 3. The responses are given subject to subsequent correction of inadvertent errors or 13 omissions, if such errors or omissions shall later be found to exist. Consequently, H Chevron U.S.A. Inc., reserves the right to make any changes, if it appears at any time that IS inadvertent errors or omissions have been made, or additional or more accurate 16 information becomes available. 17 18 4. Subject to the limitations set forth in paragraphs 2 and 3 above, I am informed and believe that the matters in the foregoing responses are true, and on that ground assert that 19 the matters stated are true to the best o f my present knowledge, information and belief. 20 21 22 I declare under penalty o f petjury that the foregoing is true and correct. ' 23 Executed this day o f October, 1998, at T T" r ^ ,:J" ' 24 25 26 Frank G. Soler 27 28 29 ? 1 PROOF OF SERVICE 1013A (3) CCP Revised 1/1/88 2 STATE OF CALIFORNIA 3 ) ) ss COUNTY OF LOS ANGELES ) ' 4 I am employed in the County o f Los Angeles, State o f California. I am over the age 5 o f 18 and not a party to the within action. M y business address is: 633 West Fifth Street, 6 Suite 700, Los Angeles, California 90071. 7 On October 16, 1 998,1 served the foregoing document described as CH EV RON U.S.A. INC. d/b/a C H E V R O N PR O D U C T S C O M PA N Y 'S R ESPO N SES TO 8 PLA IN TIFFS' STANDARD IN TER RO G A TO R IES on the parties in this action by placing____ the original XX true copy thereof enclosed in sealed envelopes addressed as 9 follows: 10 PL EA SE SEE A TTA CH ED SE R V IC E LIST. 11 12 XX BY MAIL 13 ___ I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. 14 XX I caused such envelope to be deposited in the mail at Los Angeles, California. The 15 envelope was mailed with postage thereon fully prepaid. I am readily familiar with the firm's practice o f collection and processing o f correspondence for mailing. Under 16 that practice, the correspondence is deposited with the U.S. Postal Service on that same day in the ordinary course o f business. I am aware that on motion o f the party 17 served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date o f deposit for mailing contained in the affidavit. 18 Executed on October 16,1998, at Los Angeles, California. 19 BY PERSONAL SERVICE 20 I delivered such envelope by hand to the offices o f the addressee. Executed on 21 O ctober____ , 1998, at Los Angeles, California. 22 XX (STATE) I declare under penalty o f peijury under the laws o f the State of California that the above is true and correct. 23 (FEDERAL) I declare that I am employed in the office o f a member o f the bar o f 24 this court at whose direction the service was made. 25 26 Lee W illiamson Type or Print Name 27 Signature 28 -31 Doc. #19704 1 SERVICE LIST Corbal, et a l v. C hevron, et a l 2 3 4 Thomas D. Thomas, Esq. DAVIS & THOM AS, LLP 5 1999 Avenue of the Stars, Suite 2310 6 Los Angeles, California 90067-6066 -<310)552-2121 ------------------------- 7 (310) 282-0473 (Facsimile) Attorneys for Plaintiffs 8 William J. Sayers, Esq. Attorneys for Defendants 9 Joanne L. Rosen, Esq. The Center for Claims Resolution H A IG H T, BROW N & BONESTEEL LLP Defendants including GAF 10 1620 - 26th Street, Suite 4000 North Corporation; T&N PLC: and 11 Post Office Box 680 Santa Monica, California 90406-0680 Union C arbide Corporation (formerly Union Carbide 12 (310)449-6000 Chemicals and Plastics Company, (310) 829-5117 (Facsimile) 13 Inc.) 14 Richard J. Hildebrandt, Esq. 15 HILDEBRANDT & LUCKY 757 West Ninth Street 16 San Pedro, California 90731 -3601 (310)548-7882 17 (310) 548-4148 (Facsimile) 18 19 Richard D. Fike, Esq. GORDON & REES LLP 20 275 Battery Street, 20th Floor 21 San Francisco, California 94111 (415) 986-5900 22 (415) 444-5113 (Facsimile) Attorneys for Defendant Thorpe Insulation Attorneys for Defendant Rapid American Corporation 23 James N. Sinunu, Esq. Attorneys for Defendant 24 ADAMS, NYE, SINUNU, W A LK ER LLP Asbestos C orporation, Ltd. One Jackson Place 25 633 Battery Street, 5th Floor 26 San Francisco, California 94111 (415) 982-8955 27 (415) 982-2042 (Facsimile) 28 -32 Doc. #19704 a . *. 1 M artin Dodd, Esq. M ARRON REID, LLP 2 The International Building 3 601 California Street, Suite 1200 San Francisco, California 94108-2896 4 Attorneys for Defendant CSR, Ltd. 5 ,, 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -33 - Doc. #19704