Document QXZ3YJqgxrBRB3MOdrnjx3RG7

FILE NAME: Engelhard (ENG) DATE: 2012 DOC#: ENG005 DOCUMENT DESCRIPTION: Legal - Exhibits H H -M M of John Templin 1 STEPHEN M. TIGKRMAN (State Bar No. 112127) tigerman@htlawoffices. com 2 MIA MATTIS (State Bar No. 191027) mattis@htlawoffices .com 3 USA BROKAW (State Bar No. 247422) 4 brokaw@htlawofi!ces,com HAROWITZ & TIGERMAN, LLP 5 450 Sansome St., 3rd Floor San Francisco, CA 94111 6 Tel: (415) 788-1588; Fax; (415) 788-1598 7 Attorneys for Plaintiffs 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION 11 12 THOMAS RUBINO, Individually and as 13 Successor-in-interest to CARMINE RUBINO, JR., Decedent; DANIEL 14 RUBINO; and DOES ONE through TEN, inclusive, 15 Plaintiffs, 16 vs. 17 AC AND S, INC., et al., 18 Defendants. 19 Case No.: CGC-08-274556 EXHIBITS HH-MM TO: DECLARATION OF JOHN TEMPLIN IN SUPPORT OF PLAINTIFF' OPPOSITION TO DEFENDANT BASF CORPORATION'S MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "HH" 24 25 26 27 28 THOMAS RUBINO, VOLUME H - May 21,2009 SNTHE SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 E X H I B I T S (continued) FOR THE COUNTV OF SAN FRANCISCO un lim ited ju r is d ic tio n --oOo-- THOMAS RUBINO, Individually and A s Successor-in-interest 2 DEFENDANTS' 3 FOR IDENTIFICATION DESCRIPTION 4 23 Building receipts 100 5 to CARMINE RUBINO, JR,, Decedent; 6 DANIEL RUBINO; and DOES ONE through 7 7 TEN, inclusive, 8 0 Plaintiffs, 9 vs. CGC-08-274556 9 ACandS, INCORPORATED, et al,, 10 10 Defendants. 11 11 ___ ____________________ I 12 12 13 13 14 VOLUME II - PAGES 53 through 344 14 15 DEPOSITION OF THOMAS RUBINO 15 16 16 17 THURSDAY, MAY 21, 2009 17 18 18 19 20 IS 21 20 22 Reported by: MARJORIE FORMAN, CSR #2783 21 23 Tooker & Ante 22 Court Reporting & Video Sendees 23 24 350 Sansome Street, Suite 700 San Francisco, California 94104 24 25 Phone (415) 392-0650 Fax (415) 392-3897 25 Page 53 PAGE Page 55 1 INDEX 2 DEPOSITION OF: THOMAS RUBINO 3 EXAMINATION 8Y: PAGE 4 MR. BALTES 126 MR. COLE 91 113 248 b MR. FRAYNE 336 MR. SHIN 114 138 141 145 168 6 175 MS. FLINT 106 7 MS. GARCIA 74 135 170 231 277 313 8 MS. KAHN 79 93 95 135 70 176 199 203 208 211 9 714 219 244 276 299 299 329. 10 MS. MARVIN 147 204 MS. MICKALS 61 88 89 91 94 3 J 96 116 125 133 138 139 142 171 206 221 12 232 236 250 284 299 300 319 331 13 MS. MYERS 108 124 166 MS. RENDAHL 60 76 81 89 92 14 95 98 102 110 127 136 13fi 143 146 148 15 17B ?.OS 212 215 219 220 235 237 245 16 MS. TRAN 89 129 141 177 186 202 205 235 248 297 17 299 MS. WOO 101 116 175 205 216 IE 19 EXHIBITS 2(1 DEFENDANTS' 21 FOR IDENTIFICATION DESCRIPTION PA 22 21 Handwritten lie! marked in Daniel fiiibho's depositionra list of ears 23 22 Veriiicalion signed by Thomas Rubino lo 1GD 24 Plaintiffs' Amended Responses to Defendants1Siandaid interrogatories to 25 Plaintiffs' Wrongful Death, Set 2 Page 54 1 HAROWITZ & TIGERMAN, LLP, 450 Sansome Street, 2 3rd Floor, San Francisco, California 94111, represented by 3 BREN DEN SULLIVAN, Attorney at Law, appeared as counsel on 4 behalf of the Plaintiffs, 5 NIXON PEABODY LLP, ATTORNEYS AT LAW, One 6 Embarcadero Center, 18fh Floor, San Francisco, California 7 94111-3600, represented by LAUREN M. MICHALS. Attorney at 8 Law, appeared as counsel on behalf of the Defendant Ford 9 Motor Company; GM-Corporalion. 10 WALSWORTH; FRANKLIN, BEVINS & MCCALL, .601 11 Montgomery"Street, 9th Fioor, San Francisco, California 12 94111, represented by STEVEN J. SHIN, Attorney at Law, 13 appeared as counsel on behalf of the Defendants Quinlec 14 Industries, inc.; Thomas Dee Engineering; Dowman Products, 15 tnc. 16 LAW OFFICES OF PRINDLE, DECKER & AMARO, 369 Pine 17 Street, Suite 800, San Francisco, California 94104, 1 B represented by MATTHEW COLE, Attorney al Law, appeared as 19 counsel on behalf of the Defendants (TT Corporation; Syd 20 Carpenter Marine Contractor. 2 3 VASQUE2 & ESTRADA, 1000 Fourth Street Suite 700, 22 San Rafael, California 94901, represented by MEGAN M. 23 MYERS, Attorney al Law, appeared as counsel on behalf of 24 the Defendant Hill Brothers Chemical Company. 25 WALSWORTH, FRANKLIN, BEVINS * MCCALL, 601 Page 5 1 (Pages 53 t o 56) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES Tel: (415) 392-0650 THOMAS RUBINO, VOLUME H - May 21,2009 1 Lead. 1 Q. Okay. And what was the consistency of the 2 Q. They used lead? 2 material inside the container? 3 A. Lead. 3 A. Like a cake mix - a cake frosting, but it had a 4 Q. Was that to fill in the dents? 4 catalyst that would bind to it. 5 A. Fill in dents. 5 Q. And what color was the - weil, strike that. e Q. Any other prodnets you can recall your father 6 First of all, was there more than one kind of 7 using to do his body and fender work? 7 Bondo material that you saw your father use or did all of 8 A, They would put the tires back on the cars, 8 the Bondo material you saw your father-use come in this 9 The - they would take the cars apart so that the car - 9 2-pound plastic container? 10 and then - which could require the wheel coming off, the 10 A I'm recalling a container that said "Bondo" on 11 brakes could come off, et cetera, and then they would put 11 i t 12 those back on. 12 Q. Okay. And what use did your father make of 13 Q. As opposed to the mechanics doing that, then 13 the - this product? What did he use il for? 14 you're saying the body and fender - part of their job was 14 A To smooth out the original profile of the car 15 to physically take the car apart? 15 component - body component that he was working on. 16 A. Physically take the car apart and physically 16 Q. Ail right. The material inside the 2-pound 17 reassemble IL 17 container that had the consistency of cake frosting, what 18 Q. Anything else you recall seeing your father do 18 color was it? 19 or products your father used? 19 A ! recall it as being an off-white. 20 A. They-would buff out the cars when it came o u t 20 Q. And did your father use any tools in conjunction 21 MR. SULLIVAN: Just - she is talking about 21 with applying this Bondo-type material? 22 products. 22 A Yes, spatula - excuse me. What do you call it, 23 MS. RENDAHL: Q. Products. 23 the - putty,knife-type -- 24 What did they use to buff the cars out? 24 Q. Putty knife. Okay. 25 A. Again, there was a 3M product, buffing product 25 A - type of product Page 181 Page 183 1 that they used. 1 Q. Okay. All right. 2 Q. Any other products you recall seeing your father 2 A. And then it would dry and be reworked with 3 use? 3 rasps, sanded. 4 A 1cannot.recall at this moment any further ones. 4 Q. And did you ever see your father use any rasps 5 5 to work the. Borrdo material after it was applied? 6 G. Okay. I am going to go through these one by 6 A. Y-es, 1did. 7 one. And there will probably be follow-up. And-as we go. 7 Q. Okay. Besides the rasps, did he use any other 8 you may think of more produci&^and you can feel free to 8 sort of - any other tods or anything to smooth out the 9 tell me affany time. All right. 9 Bondo material? 10 First of all, the type of material that you're 10 A. Asanding device, grinder. 11 calling B odOo - and is this Bondo, again, in a generic 11 Q. Electric or hand? 12 sort of way? 12 A. 1recall all pneumatic. 13 A it is. 13 Q. Pneumatic. 14 MR. SULLIVAN: Objection, Misstates facts, 14 This Bondo-type material, dD you know who 15 misstates testimony. 15 supplied that material to Walker Brothers? 16 A it was Bondo - the container used said ''Bondo.'" 1 6 A 1do not know that. 17 Q. Okay, And describe for me what the material - 17 Q. Do you know what it was made op of; in other 18 first of all, what - what type of container did this 18 words what - 19 Bondo material come in? IS A No, 1don't - 20 A 1recall a plastic container. 20 Q. - the component parts - 21 Q. Like a bucket? 23 A. - beyond there was a Part A and Part B. 22 A. A bucket. 23 Q. All right Do you know what - the size or 22 Q. What was the Part A? 23 A. i do not know th a t 24 dimensions of that container? 25 A 2-pound container. 24 Q. Well, okay. I'm trying to get an idea of the 25 two parts. We've got the stuff that came in a 2-pound Page 182 Page 184 33 (Pages 181 t o 184) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES Tel: (415) 392-0650 THOMAS RUBINO, VOLUME II - May 21,2009 1 container that looks like cake frosting. rr Q. Before we get into the details of it - 2 A. Right And then there was a catalyst that you 2 actually, let me establish the years in which you observed 3 mixed with it that caused the hardening process. 1just 3 this work. 4 can't teil you which was A and which was B. 4 When was the first time you saw' your father work 5 Q. And then the catalyst material, how did that 5 with a Bondo product? 6 come packaged? 6 A. The time period would have been 1961, '62 7 A, ! recall it being like a toothpaste container. 7 through 1972. 8 Q. Okay. In a tube? 8 Q. So 1972 was the last time you observed your 9 A. In a tube. 9 father work with a Bondo product, is that correct? 10 Q. And do you know the brand name or manufacturer 10 A. That) can associate with a bucket saying 11 of that catalyst material? 11 "Bondo" on it 12 A. It was part o f the material. It was possible Q. Thank you. 13 that the tube came attached at the top of the container. 13 And each time that you observed your father work 14 Q. Okay. 14 with this Bondo product, was it at Walker Brothers only or 15 A They were sold as one unit. 15 at any other locations? 16 Q. The catalyst material that was in the tube, what 16 A. My specific recollection was at Walker Brothers. 17 did the catalyst look like? 17 Q. Let's get to the specifics, then. 18 A Toothpaste, toothpaste material. 18 Back to the container, you said that there was 19 Q. Was i t - 19 the word "Bondo" on it. How was the word "Bondo" written? 20 MS. TRAN: Sorry, belated objection. Move to 20 A. In bold type. 21 strike speculative portions of the previous answer. 21 Q._ Was it in capital letters, italics? 22 MS. RENDAHL; Q. Was it White? 22 A. Capital letters, but i believe it was like the 23 A 1recall it being gray and turning red upon 23 "B" would be a capita!, then the - the other letters were 24 mixing it together. 24 small case, but they were large letters. 25 Q. And do you know any of the component parts of 25 Q. On a 2-pound container, plastic size, can you Page 185 Page 187 1 that catalyst material? 1 estimate for me the size of the font in comparison with 2 A No, 1do n o t 2 that? Like was it'2 inches, 3 inches. 4 inches? 3 MS. RENDAHL: 1think that we'l! do follow-up on 3 A, 2 Inches. 4 each one of these products as we - as we go through. 1 A Q. Was il in the middle of the container, on the 5 think that might be the easiest thing to do. 5 top of the container, on the bottom of the container? 6 So does anyone have any follow-up on the 6 A. Middle of the container. 7 Bondo-type material? 7 Q. Were there any writings, markings or logos, for 8 EXAMINATION BY MS. TRAN 8 example, other words, characters that were on the bucket? 9 MS. TRAN: Q. Hi. sir, howare you? Right 3 A There was a label-with the Information on it. 10 here. 1have a fewfoliow-up questions regarding the 10 (3. The label - sorry, let me go back. 11 Bondo product that we just talked about. 11 The word "Bondo," was il printed onto the 12 You said that the product came in a container. 12 bucket, stamped on or was It stamped on a label that was 13 Can you describe, other than the fact that it was a 13 stamped onto the picture? 14 2-pound bucket, any.other markings, writings or logos on 14 MR. SULLIVAN: -Ifyou recall 15 the container-? 15 THE WITNESS: 1recall a label. 16 A 1-1 believe the color o f the container was 16 MS. TRAN: Q. And then do you recall what the-- 17 white. 17 additional language was -- 18 Q. Okay. 18 A, No, 1do not. 19 A. With the distinct name o f " Bondo" on i t 19 Q. Okay. Other than the word "Bondo," do you 20 Q. Was the bucket - strike that **-* 20 recall anything else about the bucket? 21 Did the bucket have a handle on it? 21 A. No, 22 A. f do not recall. No, I do not know. 22 Q. Did It give you - like underneath "Bondo," was 23 Q. Did the bucket - how was the bucket opened? 23 there a type of product that's indicated? 24 Was it a - 24 MR. SULLIVAN: Objection. Asked and answered. 25 A. A plastic lid that had to be pried off. 25 THE WITNESS: 1do not know. Page 186 Page 188 34 {Pages 185 t o 188) TOOKER & ANTZ COURT REPORTING &. NTDEO SERVICES Tel: (45 5) 392-0650 THOMAS RUBINO, VOLUME l i - May 21, 2009 1 A. Oniy as - as learning the job. 1 more than you had to. And it was being used as a filler. 2 Q. Okay. So it would be limited to less than two 2 So he was using it to contour - to what they couldn't 3 to three of the times you mixed it? 3 mechanically repair with bodyworking tools, this was the 4 A. Yeah, 4 finishing touch. So it would he applied, dried, sanded 5 Q. Okay. How many coats would you have to put 5 down. And then they would come back to fill - 6 on --how many coats would your father have to put on 6 Q. Okay. 7 before - strike that. _ r ~3 Did your father put on one coat or more than one 7 A. - any voids, pinpricks. I remember they had a 8 name for - hollows, I think they called it, because it - 9 coat? 9 it had to be built up - 10 A. Multiple coats. 10 Q. Right. 11 Q. When you say "multiple," how many are you 12 A - in that area. 12 indicating? *12 Q. Okay. So the coal you said is very (hin, can 13 A. i*m indicating as many as six. 13 you give me an idea how thin it was each time he applied 3 4 Q. Okay. So let's go through each of that phase. 14 it? 15 After he'd mix the product, he'd put one coat 15 MR. SULLIVAN: Objection. Calls for 16 on. 16 speculation. 17 A. Yes. 17 THE WITNESS: Less than a quarter of an inch. 18 Q. How long would he have to waii for it to dry 18 MS. TRAN: Q. Okay. You know, you mentioned 19 before putting on another coat? 19 earlier something called lead to fill in dents. How is 20 A. Thirty minutes to an hour. 20 that different from body filler? 21 Q. Okay. Did he have to sand it, the first coat, 21 A The older care were really built like tanks. 22 before putting on another coat? 22 And they would hammer them out and they would use the lead 23 A, Yes, he would. 23 to fill in the seams between the bodies. 24 Q. So he would wait about 30 minutes to an hour, 24 Q. Okay. 25 come back, sand it? 25 A So really, it was to fill in where two parts Page 193 Page 195 1 A. What 1recall is he would work his way around 2 the automobile. 3 Q. Okay. 4 A. And then when a portion was ready for Bondo, he 5 would mix the portion he needed for that amount of time 6 Q. Okay, 7 A. Apply it and then move on to another part of the 8 automobile and then start the process over again. 9 Q. Okay. So every time he applied a new-coat, he 10 would have to mix the Bondo product over? 3.1 A. Yes. 12 Q. And then each time he applied it he would have 13 to sand it? 14 A. Yes, he did. 15 Q. Do you know why he would have.to put multiple 16 coats on a vehicle? 17 A. To get the smooth finish required for the - the 18 parts to look like it was originai, brought back to 19 original condition. 20 Q. Okay. Did be fill in that particular area full 21 and then sand it down to smooth it, or did he just put one 22 layer at a time and then come hack to put another layer? 23 A. It would be a very thin layer - 24 Q. Okay. A. - because you obviously didn't want to sand Page 194 1 would butt together, to fill In that seam. 2 Q. Okay. 3 A It could be built up - 4 Q. Okay. 5 A - higher. 6 Q. That's the lead. 7 A That's what the lead was used-for. 8 Q. Okay. Lei's - so after each coat was put on - 9 let's go to the second coat now. 10 Would actually - did each coat differ in amount 11 when he pul it on the car, or was it always approximate a 12 quarter of an inch? 13 A When you - again, the profile - you know, if 14 -there was a dent-and it was aslightly deeper dent, they 15 would start with a slightly thicker coat. 36 The very last coat could be - was justrto fill 17 in any pinpricks that hadn't fifled in, 18 Q. Okay. 19 A They had to - what! distinctly remember is 20 they had to get it as smooth, blemish-free as possible. 21 Because once ihey-painted it, it would really stand out 22 And any of those iittie spots, tiny iittie 23 maybe they were air hubbies at one time or something, once 24 you painted i t they stood out-iike a sore thumb. So you 25 were getting a finish that could stand up to a high-gioss Paqe 196 36 (Pages 193 to 196) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES Te): (415)392-0650 THOMAS RUBINO, VOLUME II - May 21,2009 1 MR. SULLIVAN: We're going to go tomorrow. 1 STATE OF CALIFORNIA ) 2 MR. SHIN: We are? 3 MR. SULLIVAN: Yeah, we are going to have to. 4 MS. RENDAHL: We're going to go tomorrow? 5 MR. SULLIVAN: Yeah. > MS. RENDAHL: I thought you had a problem with 7 Berry & Berry. 8 MR. SULLIVAN: Well, we do have a problem with 9 Berry & Berry, but the deposition has to continue, 10 MS. RENDAHL: Okay. All right. Then if we are 11 going to go tomorrow, then why don't we stop now. 12 MR. SHIN: 8:30. ) 2 COUNTY OF MARIN ) 3 I, MARJORtE FORMAN, a Certified Shorthand Reporter of 4 the State of California, hereby certify that the witness 5 in the foregoing deposition, was by me duly sworn to tell 6 the truth, the whole truth, and nothing but the truth in 7 the within-entitled cause; that said deposition was taken 8 at the time and place therein stated; that the testimony 9 of said witness was reported by me in shorthand writing 10 and was thereafter transcribed by computer under my 11 direction; that the foregoing is a full, complete, and 12 true record of said testimony, and that the witness was 13 TELEPHONE COUNSEL So 8:30 tomorrow? 13 given an opportunity to read and correct said deposition 14 MS. RENDAHL: Yes. 14 and to subscribe the same. 15 TELEPHONE COUNSEL Great. Thanks. Bye. 15 I further certify that I am not of counsel or 16 MS. RENDAHL; Off on the record. 5:08. 16 attorney for any of the parties in the foregoing 17 (Whereupon, the deposition was adjourned at 5:06 17 deposition or in any way interested in the outcome of the 18 p m ) 18 cause named in said caption. 19 --oOo-- 19 20 MARJORIE FORMAN, CSR #2783 20 21 I hereby certify this copy is 21 a true and exact copy of the original 22 22 23 23 MARJORIE FORMAN, CSR 2763 DATE 24 24 25 25 Page 341 Page 343 1 3 Tooker&Antz 2 CERTIFICATE OF WITNESS Court Reporting & Video Services 3 I, THOMAS RUBINO, hereby declare that I have read the 2 350 Sansome Street, Suite 700 4 foregoing testimony, and the same is a true and correct 5 transcription of my said testimony except as l have 6 corrected. 7 8 9 Signature 10 11 12 Date San Francisco, California 94104 3 415-392-0650 Fax 415-392-3897 t 5 6 7 Mr. Thomas Rubino 8 c/o Harowitz & Tigerman.-LLP 9 450 Sansome Street, SrcLFioor 10 San Francisco, California-94111 11 Attn: BRENDEN G. SULLIVAN, Attorney at Lav,' 13 12 RE: Rubino vs. ACandS, Inc., et al. 14 13 Dear Mr. Rubino: 15 14 Your deposition taken in the above-entitled matter has 16 15 been transcribed. This deposition wilt be available at 17 16 our offices for reading and signing by you for a period of 18 17 thirty (30) days from the date oflhis letter, afterwhich 19 18 time the original of your deposition will be sealed and 20 19 sent to the office which Noticed the deposition, in 21 20 accordance with Section 2025.520(b) of the California Code 21 of Civi! Procedure. 22 22 Sincerely, 23 23 Marjorie Forman, CSR 2783 24 24 Tooker&Antz 25 25 cc: AS Counsel Page 342 Page 344 73 (Pages 341 to 344) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES Tel: (4)5)392-0650 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "II" 24 25 26 27 28 JAMES TURNER - March 14, 2012 1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION 3 --oO0-- 5 THOMAS RUBINO, Individually and 6 as Successor-In-Interest to CARMINE RUBINO, JR., Decedent; 1 DANIEL RUBINO; and DOES ONE through TEN, inclusive, B Plaintiffs, 9 vs, NO. CGC-08-274556 10 11 AC and S, INC., el al., 12 Defendants. 1 13 14 15 VIDEOTAPED DEPOSITION OP JAMES TURNER 16 Wednesday, March 14, 2012 n 16 IS 20 -REPORTED BY: GISELLE GIRARD 21 CSR #12901 22 23 TOOKER 8 ANTZ 24 COURT REPORTING & VIDEO SERVICES 350 SANSOME STREET. SUITE 700 25 SAN FRANCISCO, CALIFORNIA 94104 Page 1 1 EXHIBITS 2 (Cont.) 3 DEPOSITION EXHIBITS: 4 7 Photograph, Groupof People 5 8 Photograph, Groupof People 6 PAGE 15 15 9 Photograph, Carmine Rubino 15 i 10 Photocopy of Business Cards 15 e 11 Photocopy of Dupont 16 9 12 Photocopy of BontiD 16 ao 13 Photocopy of Victor 11 14 Photocopy of Goodyear 12 16 16 16 Photocopy of Borg Warner 16 13 16 Defendant Illinois Tool Works 61 14 Cross-Notice of Deposition (8 pgs.) 15 17 Defendant Goodyear Tire & Rubber 114 Company's Notice of Deposition 1C (14 pgs.) 17 18 QUESTIONS MARKED OR INSTRUCTED NOT TO ANSWER 39 PAGE LINE 20 19 21 2.2 23 ---D0O--- 24 25 Page 3 1 EXAMINATION INDEX 2 DEPOSITION OF JAMES TURNER 3 MARCH 14,2012 4 EXAMINATION BY: PAGE 5 6 MR. TIGERMAN 7 MR. GRNNIS 17, 105 44, 107 6 MR. PARTOS 52, 108 9 MS. JOHNSON 10 MS, SMITH 64 77 11 MR. CHUSID 100 12 MT. DITTOE 13 MS. JEW 14 103 111 15 EXHIBITS 35 DEPOSITION EXHIBITS: 17 PAGE 1 Plaintiffs'Motion for Protective 11 18 Order, et cetera {65 pgs.) 19 2 Declaration of Willie Mae Turnerin 12 Support of Motion for Protective 20 Order {4 pgs.) 21 3 Notice of Videotaped Deposition 13 (7 pgs.) 22 4 Declaration of James Turner <3 pgs.) 14 23 5 8 Phoioqraphs, Automobiles {1 pg.) 14 24 6 6 Photographs, Automobiles and 14 25 People (1 pg.) Page 2 1 2 3 4 5 6 7 8 9 1 o 11 12 13 1 15 -1-617 18 19 20 2 3 2 2 23 2 4 25 BE IT REMEMBERED that, pursuant to Notice of Taking Deposition, and on Wednesday, March 14, 2012, commencing at the hour of 1:12 p,m., at 4709 West 18th Street, Los Angeles, California 90019, before me, GISELLE GIRARD, a Certified Shorthand Reporter in and for the State of California, personally appeared JAMES TURNER, called as a witness by the Plaintiffs, and the said witness, being by me first duiy sworn, was thereupon examined and testified as hereinafter set forth, APPEARANCES HAROWiTZ & TIGERMAN, LLP, 450 Sansome Street. Third Floor, San Francisco, California 94111, represented by, STEPHEN M. TIGERMAN, Attorney at Law, appeared as counsel on behalf of Plaintiffs; BASSI EDLIN HUIE & BLUM, LLP, 500 Washington Street, Suite 700, San Francisco, California 94111, represented by, ROBERT S. KRAFT, Attorney at Law, appeared telephonicaliy as counsel on behalf of Defendant J.T. Thorpe & Son, tnc.; Page 4 1 {Pages 1 to 4) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 FILE NAME: Engelhard (ENG) DATE: 2012 DOC#: ENG005 DOCUMENT DESCRIPTION: Legal - Exhibits H H -M M of John Templin 1 STEPHEN M. TIGERMAN (State Bar No. 112127) tigerman@htlawoffices.com 2 MIA MATTIS (State Bar No. 191027) 3 mattis@htlawoffices.com USA BROKAW (State Bar No. 247422) 4 brokaw@htlawofilces.com HROWITZ & TIGERMAN, LLP 5 450 Sansome St., 3rd Floor San Francisco, CA 94111 6 Tel: (415) 788-1588; Fax; (415) 788-1598 7 Attorneys for Plaintiffs 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION 11 12 THOMAS RUBINO, individually and as ) 13 Successor-in-interest to CARMINE ) RUBINO, JR., Decedent; DANIEL ) 14 RUBINO; and DOES ONE through TEN, j inclusive, ) 15 Plaintiffs, ) 16 17 AC AND S, INC., et al., ) 18 Defendants. ) 19 ) 20 ) ) 21 Case No.: CGC-08-274556 EXHIBITS HII-MM TO; DECLARATION OF JOHN TEMPLIN IN SUPPORT OF PLAINTIFF' OPPOSITION TO DEFENDANT BASF CORPORATION'S MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION 22 23 24 25 26 27 28 & 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "HH" 24 25 26 27 28 THOMAS RUBINO, VOLUME IT- May 21,2009 INTHE SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 E X H I B I T S (continued) FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION ~oOo~ THOMAS RUBINO, Individually and As Successor-in-interest to CARMINE RUBINO, JR., Decedent; 2 DEFENDANTS' 3 FOR IDENTIFICATION DESCRIPTION 4 23 Building receipts 100 5 6 DANIEL RUBINO; and DOES ONE through 7 7 TEN, inclusive, 8 e Plaintiffs, 9 vs. CGC-08-274556 9 ACandS, INCORPORATED, et at., 10 10 Defendants. 11 11 _________________ / 12 15 12 13 13 14 VOLUME II - PAGES 53 through 344 14 15 DEPOSITION OF THOMAS RUBINO 16 36 17 THURSDAY, MAY 21,2009 17 18 18 19 20 IS 21 20 22 Reported by: MARJORIE FORMAN, CSR #2783 21 23 Tooker & Antz 22 Court Reporting & Video Sendees 23 24 350 Sansome Street, Suite 700 San Francisco, California 94104 24 25 Phone (415) 392-0650 Fax (415) 332-3897 25 Page 53 PAGE Page 55 1 INDEX 2 DEPOSITION OF: THOMAS RUBINO 3 EXAMINATION BY: PAGE 4 MR. BALTES 126 MR. COLE ei 113 248 5 MR. FRAYNE 336 MR. SHIN 114 138 141 145 168 6 175 MS. FLINT 106 7 MS. GARCIA 14 135 170 231 277 313 8 MS. KAHN 79 93 95 135 170 176 199 203 208 211 <* 214 219 244 276 299 299 329. 10 MS. MARVIN 147 204 MS. MICHALS 61 08 89 91 94 13 96 113 125 133 138 130 142 171 206 221 12 232 236 250 284 299 300 319 331 13 MS. MYERS 108 124 166 MS, RENOAHL 60 76 81 89 02 li 95 98 102 110 127 136 138 143 146 148 IS 178 209 212 215 219 220 235 237 245 16 MS. TRAN 89 129 141 177 186 202 205 235 248 297 IV 299 MS. WOO 101 116 175 205 216 18 19 EXHIBITS 2201 DEFENDANTS' FOR IDENTIFICATION DESCRIPTION PAGE 22 21 Handwritten ibi marked in Daniel Rubino! deposi&onra lisi of cars. 23 22 Verification signed by Thomas Rubino lo 100 24 Plaintiffs' Amended Responses lo Defendants' Standard interrogatories to 25 Plaintiffs' Wrongful Death, Sei2 Page 54 1 HAROW1TZ & TIGERMAN, LLP, 450 Sansome Street, 2 3rd Floor, San Francisco, California 94111, represented by 3 BRENDEN SULLIVAN, Attorney at Law, appeared as counsel on 4 behalf of the Plaintiffs. 5 NIXON PEABODY LLP, ATTORNEYS AT LAW, One 6 Embarcadero Center, 18th Floor, San Francisco, California 7 94111-3600, represented by LAUREN M. MICHALS. Attorney at 8 Law, appeared as counsel on behalt ot the Defendants Ford 9 Motor Company; GM-Corporalion. 10 WALSWORTH FRANKLIN, BEVINS & MCCALL, .601 11 Montgomery Street, 9th Floor, San Francisco, California 12 94111, represented by STEVEN J. SHIN, Attorney at Law, 13 appeared as counsel on behalf of the Defendants Quinlec 14 Industries, tnc.; Thomas Dee Engineering; Dowman Products. 15 Inc. 16 LAW OFFICES OF PRINDLE, DECKER & AMARO, 369 Pine 17 Street, Suite800, San Francisco, California 94104, 18 represented by MATTHEW COLE. Attorney at Law, appeared as 19 counsel on behalf of the Defendants (TT Corporation; Syd 20 Carpenter Marine Contractor. 2 3 VASQUE2 & ESTRADA, 1000 Fourth Street Suite 700, 22 San Rafael, California 94901, represented by MEGAN M. 23 MYERS, Attorney at Law, appeared as counsel on behaif of 24 the Defendant Hill Brothers Chemical Company. 25 WALSWORTH, FRANKLIN, BEVINS & MCCALL, 601 Page 5 1 (Pages 53 t o 56) TOOKER & AX'TZ COURT REPORTING & VIDEO SERVICES Tel: {415)392-0650 THOMAS RUBINO, VOLUME II - May 21,2009 1 Lead. 1 Q. Okay. And what was the consistency of the 2 Q. They used lead? 2 material inside the container? 3 A. Lead. 3 A. Like a cake mix - a cake frosting, but it had a 4 Q. Was that to fill in the dents? 4 catalyst that would bind to it. 5 A. Fill in dents. 6 Q. Any other products you can recall your father 5 Q. And wha! color was the -- well, strike that. 6 First of all, was there more than one kind of 7 using to do his body and fender work? 7 Bondo material that you saw your father use or did all of 8 A. They would put the tires back on the cars, 8 the Bondo material you saw your father-use come in this 9 The - they would take the cars apart so that the car - 1 9 2-pound plastic container? 10 and then - which could require the wheel coming off, the 10 A I'm recalling a container that said 'Bondo" on 11 brakes could come off, et cetera, and then they would put 11 i t 12 those back on. 12 Q. Okay. And what use did your father make of 13 Q. As opposed to the mechanics doing that, then 13 the - this product? What did he use il for? 14 you're saying the body and fender --part of their job was 14 A To smooth out the original proliie of the car 15 to physically take the car apart? 15 component - body component that he was working on. 16 A. Physically take the car apart and physically 16 Q. All righL The material inside the 2-pound 17 reassemble iL 17 container that had the consistency of cake frosting, what 18 Q. Anything else you recall seeing your father do 18 color was il? 19 or products your father used? 19 A ! recall it as being an off-white. 20 A. They-would buff out the cars when it came out. 20 Q. And did your father use any tools in conjunction 21 MR. SULLIVAN: Just --she is talking about 21 with applying this Bondo-type material? 22 products. 22 A Yes, spatula - excuse me. What do you cal! it, 23 MS. RENDAHL: Q. Products. 23 the - putty.knife-type -- 24 What did they use to buff the cars out? 24 Q. Putty knife, Okay, 25 A. Again, there was a 3WI product, buffing product 125 A - type of product Page 181 J Page 183 < 1 that they used. 2 Q. Any other products you recall seeing your father 3 use? 1 Q. Okay. Ail right. 2 A. And then it w ould dry and be reworked with 3 rasps, sanded. 4 A 1cannot.recall at this moment any further ones, 5 4 Q. And did you ever see your father use any rasps 5 to work the Bondo material after it was applied? 6 Q. Okay. 1am going to go through these one by 6 A. Y-es, 1did. 7 one. And there will probably be follow-up. And-as wego, 7 Q. Okay. Besides the rasps, did he use any other 8 you may think of more products^and you can feel free to 8 sort of - any other tools or anything to smooth out the 9 tell me affany time. All right. 10 First of all, the type of material that you're 9 Bondo material? A. A sanding device, grinder. 11 calling Bondo - and is this Bondo, again, in a generic 11 Q. Electric or hand? 12 sort of way? 12 A. 1recall all pneumatic. 13 A it is. 13 Q. Pneumatic. 14 MR. SULLIVAN: Objection. Misstates facts, 14 This Bondo-type material, do you know who 15 misstates testimony. 15 supplied that material to Walker Brothers? 16 A It was Bondo - the container used said "BondoJ' 36 A 1do not knovrthat. 17 Q. Okay. And describe for me what the material -- 17 Q, Do you know what it was made -up of; in other 18 first of all, what - what type of container did this 18 words what - 19 Bondo material come in? 19 A No, 1don't - 20 A 1recall a piasfic container. 20 Q. -- the component parts - 21 Q. Like a bucket? 23 A - beyond there was a Part A and Part B, 22 A. A bucket 22 Q. What was the Part A? 23 Q, All right Do you know what - the size or 23 -A. 1do not know th a t 24 dimensions of that container? 24 Q. Well, okay. I'm trying to get an idea of the 25 A 2-pound container. 25 two parts. We've got the stuff that came in a 2-pound Page 182 Page 184 33 (P ag es 181 to 184) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES Tel: (415) 392-0650 THOMAS RUBINO, VOLUME H - May 21,2009 1 container that looks like cake frosting. rr Q. Before we get into the details of it - 2 A. Right A id then there was a catalyst that you 2 actually, let me establish the years in which you observed 3 mixed with it that caused the hardening process. 1just 3 this work. 4 can't tel! you which was A and which was B. 4 When was the first time you saw your father work , 5 Q. And then the catalyst material, how did that 5 with a Bondo product? 6 come packaged? 6 A. The time period would have been 1961, '62 7 A 1recall it being like a toothpaste container. 7 through 1972. 8 Q. Okay, in a tube? 8 Q. So 1972 was the last time you observed your 9 A i n a tube. 9 father work with a Bondo product, is that correct? 10 Q. And do you know the brand name or manufacturer 10 A. That) can associate with a bucket saying 11 of that catalyst material? 11 'Bondo" on it 12 A It was part of the material. It was possible 12 Q. Thank you. 13 that the tube came attached at the top of the container. 33 And each time that you observed your father work 14 Q. Okay. 14 with this Bondo product, was it al Walker Brothers only or 15 A They were sold as one unit. 15 al any other locations? 16 Q. The catalyst materia! that was in the tube, what 16 A. My specific recollection was at Walker Brothers. 17 did the catalyst look like? 21 Q. Let's get to the specifics, then. 1B A Toothpaste, toothpaste material. 18 Back to the container, you said that there was 19 Q. Was i t - 39 the word "Bondo" on it. How was the word "Bondo" written? 20 MS. TRAN: Sorry, belated objection. Move to 20 A. In bold type. 21 strike speculative portions of the previous answer. 21 Q.. Was it in capital tetters, italics? 22 MS. RENDAHL: Q. Was it white? 22 A. Capita! letters, b u t! believe it was like the 23 A 1recall it being gray and turning red upon 23 "B" would be a capital, then the - the other letters were 24 mixing it together, 24 small case, but they were large letters. 25 Q. And do you know any of the component parts of 25 Q. On a 2-pound container, plastic size, can you Page 185 Page 187 1 that catalyst materia!? 1 estimate For me the size of the font in comparison with 2 A No, 1do n o t 2 that? Like was it'2 inches, 3 indies, A inches? 3 MS. RENDAHL: 1think that we'l! do follow-up on 3 A. 2 Inches. 4 each one of these products as we - as we go through. 1 A Q. Was i! in the middle of the container, on the 5 think that might be the easiest thing to do. 5 top of the container, on the bottom of the container? 6 So does anyone have any follow-up on the 6 A. Middle of the container. 7 Bondo-type material? 7 Q, Were there any writings, markings or logos, for 8 EXAMINATION BY MS. TRAN 8 example, other words, characters that were on the bucket? 9 MS. TRAN: Q. Hi, sir, howare you? Right 9 -A There was a label-with the information on it. 10 here. 1have a few foltow-up questions regarding the 10 Q. The label - sorry, let me go back. 11 Soncto product that we just talked about. 11 The word "Bondo," was Hprinted onto the 12 You said that the product came in a container. 12 bucket, stamped on or was it stamped on a iabel that was 13 Can you describe, other than the fact that it was a 13 stamped onto the picture? 14 2-pound bucket, any.other markings, writings or logos on 34 MR. SULLIVAN: -Ifyou recall. 15 the container-? 15 THE WITNESS: 1recali a label. 16 A 1-1 believe the color o f the container was 16 MS. TRAN: Q. And then do you recall what the-- 17 white. 17 additional language was -- 18 Q. Okay. 18 A. No, 1do not. 19 A. With the distinct name o f " Bondo" on i t IS Q. Okay. Other than the word "Bondo," do you 20 Q. Was the bucket - strike that 20 recall anything else about the bucket? 21 Did the bucket have a handle on it? 21 A, No. 22 A. 1do not recall. No, 1do not know. 22 Q. Did it give you - like underneath "Bondo," was 23 Q. Did the bucket - how was the bucket opened? 23 there a type of product that's indicated? 24 Was it a - 25 A. A plastic lid that had to be pried off. 24 MR. SULLIVAN: Objection. Asked and answered. 25 THE WITNESS: 1do not know. Page 186 Page 188 34 (P a g e s 185 t o 188) TOOKER & ANTZ COURT REPORTING & \TDEO SERVICES Tel: (415) 392-0650 THOMAS RUBIN)O, VOLUME II - May 21, 2009 1 A. Only as - as teaming the job. 2 Q. Okay. So it would be limited to ess than two 3 to three of the times you mixed it? 4 A. Yeah. 5 Q. Okay. How many coats would you have to put 6 on -- how many coats would your father have to put on 7 before - strike that _ f-- 8 Did your father put on one coat or more than one 9 coat? 10 A. Multipie coats. 11 Q. When you say "multiple," how many are you 12 indicating? 13 A. I'm indicating as many as six. 3 4 Q. Okay. So iet's go through each of that phase. 15 After he'd mix the product, he'd put one coat 16 on. 17 A. Yes. 18 Q. How long would he have to wail for it to dry 19 before putting on another coat? 20 A. Thirty minutes to an hour. 21 Q. Okay. Did he have to sand it, the first coat, 2 2 before putting on another coat? 23 A. Yes, he would. 24 Q. So he would wait about 30 minutes to an hour, 2 5 come back, sand it? Page 193 1 more than you had to. And it was being used as afiller. 2 So he was using it to contour - to what they couldn't 3 mechanically repair with bodyworking tools, this was the 4 finishing touch. So it would be applied, dried, sanded 5 down. And then they would come back to fill - 6 Q, Okay. 7 A - any voids, pinpricks, i remember they had a 8 name for - hollows, 1think they called i t because it - 9 it had to be built up - ID Q. Right. 11 A --in that area. 12 Q. Okay. So the coat you said is very thin, can 13 you give me an idea how thin if was each time he applied 14 1? 15 MR. SULLIVAN'. Objection. Calls for 16 speculation. 17 THE WITNESS'. Less than a quarter of an inch. 18 MS. TRAN: Q. Okay. -You know, you mentioned 19 earlier something called lead fo fill in dents. How is 20 that different from body filler? 21 A The older cars were really built like tanks- 22 A id they would hammer them out and they would use the lead 23 to fill in the seams between the bodies. 24 Q. Okay. 25 A So really, it was to fill in where two parts Page 195 1 A. What i recaff is he would work his way around 2 the automobile. 3 Q. Okay. 4 A. And then when a portion was ready for Bondo, he 5 would mtx the portion he needed for that amount of time 6 Q. Okay, 7 A. Apply it and then move on to anotherpart of the 8 automobile and then start the process over again. s Q. Okay. So every time he applied a new-coat, he 10 would have to mix the Bondo product over? 11 A. Yes. 12 Q. And then each time he applied it he would have 13 to sand it? 14 A. Yes, he did, 15 Q. Do you know why he would have.to put multiple 16 coats on a vehicle? 17 A. To get the smooth finish required for the - the 18 parts to look like it was origina!, brought back to 19 original condition. 20 Q. Okay. Did he fill in that particular area full 21 and then sand it down to smooth it, or did he just put one 22 layer at a time and then come hack to put another layer? 2 3 A, it wouid be a very thin layer - 24 Q. Okay. 25 A. - because you obviousiy didn't want to sand Page 194 1 wouid butt together, to fill in that seam. 2 Q. Okay. 3 A It could be built up - 4 Q. Okay. 5 A -- higher. 6 Q. That's the lead. 7 A Thafs what the lead -was used-foe 8 Q. Okay. Let's - so after each coat was pul on - 9 let's go to the second coat now. 10 Would actually -- did each coat differ in amount 11 when he put it on the car, or was it always approximate a 12 quarter of an inch? 13 A When you - again, the profile -- you know, if 14 -there was a dentand it was aslightly deeper dent, they 15 would start with a slightly thicker coat. 1 6 The very last coat could be - was justto fill 17 in any pinpricks that hadn't filled in. 18 Q. Okay. 19 A They had to ~ w hat! distinctly remember is 20 they had to get it as smooth, blemish-free as possible. 21 Because once they-painted it, it would really stand out 2 2 And any of those tittle spots, tiny little - 23 maybe they were air bubbles at one time or something, once 2 4 you painted it, they stood out-tike a sore thumb. So you 25 were getting a finish that could stand up to a high-gioss Page 196 36 (Pages 193 to 196) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES Tel: (415) 392-0650 THOMAS RUBINO, VOLUME JI - May 21,2009 1 MR, SULLIVAN: We're going to go tomorrow. 1 STATE OF CALIFORNIA ) 2 MR. SHIN: We are? 3 MR. SULLIVAN: Yeah, we are going to have to. 4 MS. RENDAHL: We're going to go tomorrow? 5 MR. SULLIVAN: Yeah. 6 MS. RENDAHL: I thought you had a problem with 7 Berry & Berry. 8 MR. SULLIVAN: Well, we do have a problem with 9 Berry & Berry, but the deposition has to continue. 10 MS. RENDAHL: Okay. All right. Then if we are 11 going to go tomorrow, then why don't we stop now. 12 MR, SHIN: 8:30. 13 TELEPHONE COUNSEL' So 8:30 tomorrow? ) 2 COUNTY OF MARIN } 3 t, MARJORIE FORMAN, a Certified Shorthand Reporter of 4 toe State of California, hereby certify that the witness 5 in toe foregoing deposition, was by me duly sworn to tell 6 the truth, the whole truth, and nothing bui the truth in i the within-entitled cause; that said deposition was taken 8 at the time and place therein stated; that the testimony 9 of said witness was reported by me in shorthand writing 10 and was thereafter transcribed by computer under my 11 direction; that the foregoing is a full, complete, and 12 true record of said testimony; and that the witness was 13 given an opportunity to read and correct said deposition 14 MS. RENDAHL: Yes. 15 TELEPHONE COUNSEL: Great. Thanks. Bye. 16 MS. RENDAHL: Off on the record. 5:06. 17 (Whereupon, the deposition was adjourned at 5:06 18 p.m.) IS --ioOo-- 20 21 22 23 24 14 and to subscribe the same. 15 I further certify that I am not of counsel or 1 6 attorney for any of the parties in toe foregoing 17 deposition or in any way interested in the outcome of the 38 cause named in said caption. 19 _________________________ 20 MARJORiE FORMAN, CSR #2783 21 I hereby certify this copy is a true and exact copy of the original 22 ____________________________________ __________________ 23 MARJORIE FORMAN. CSR 2763 DATE 24 25 25 Page 341 Page 343 1 3 Tooker&Antz 2 CERTIFICATE OF WITNESS Court Reporting & Video Services 3 I, THOMAS RUBINO, hereby declare that I have read the 2 350 Sansome Street, Suite 700 4 foregoing testimony, and the same is a true and correct 5 transcription of my said testimony except as 1have 6 corrected. 7 B ____________________________ s Signature 10 n ____________________________ 12 Date 13 San Francisco, Caiifornia 94104 3 415-392-0650 Fax 415-392-3897 L 5 6 7 Mr. Thomas Rubino 8 c/oHarowitz&Tigerman.-LLP 9 450 Sansome Street, 3rcLFIoor 10 San Francisco, California-94111 11 Attn; BRENDEN G. SULLIVAN, Attorney at Law 12 RE: Rubino vs. ACandS, Inc., et al. 14 13 Dear Mr. Rubino: 15 14 Your deposition taken in toe above-entitled matter has 16 15 been transcribed. This deposition wilt be available at 17 16 our offices for reading and signing by you for a period of IS 17 thirty (30)"days from the date ofihis letter, after which IS 18 time toe original of your deposition will be sealed and 20 1S serif to the office which Noticed the deposition, in 21 2o accordance with Section 2025.520(b) of toe California Code 21 of Civii Procedure. 22 22 Sincerely, 23 23 Marjorie Forman, CSR 2783 24 24 Tooker&Antz 23 2 5 cc: All Counsel Page 342 Page 344 73 (Pages 341 to 344) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES Tel: (415)392-0650 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "II" 24 25 26 27 28 JAMES TURNER - March 14, 2012 1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION 3 4 --oOft-- 5 THOMAS RUBINO, Individually and 6 as Successor-in-interest 1o CARMINE RUBINO, JR., Decedent; 7 DANIEL RUBINO; and DOES ONE through TEN, Inclusive, B Plaintiffs, 9 vs. NO, CGC-08-274556 10 11 AC and S, FNC., el al., 12 Defendants. 1 13 14 15 VIDEOTAPED DEPOSITION OF JAMES TURNER 16 Wednesday, March 14, 2012 n 18 IS 20 -REPORTED BY: GISELLE GIRARD 21 GSR #12901 22 23 TOOKER 8 ANTZ 2 4 COURT REPORTING & VIDEO SERVICES 350 SANSOME STREET, SUITE 700 25 SAN FRANCISCO, CALIFORNIA 94104 Page 1 1 EXHIBITS 2 (Coni.) 3 DEPOSITION EXHIBITS: 4 7 Photograph, Groupof People 5 PAGE 15 8 Photograph, Group of People 15 6 9 Photograph, Carmine Rubino 15 i 10 Photocopy of Business Cards 15 e 11 Photocopy of Duponl 16 9 12 Photocopy of Bondo 16 10 13 Photocopy of Victor 16 11 14 photocopy of Goodyear 16 12 15 Photocopy of Borg Warner 16 13 16 Defendant Illinois Tool Works 51 1 4 Cross-Notice oi Deposition (8 pgs.) 15 17 Defendant Goodyear Tire & Rubber 114 Company's Notice of Deposition 16 (14 pgs.) 17 18 QUESTIONS MARKED OR INSTRUCTED NOT TO ANSWER 59 PAGE LINE 20 19 21 2.2 23 --d0D-- 2A 25 Page 3 1 EXAMINATION INDEX 2 DEPOSITION OF JAMES TURNER 3 MARCH 14, 2012 4 EXAMINATION BY: PAGE 5 6 MR. TIGERMAN 17,105 7 MR. GRNNIS 44. 107 8 MR. PARTOS 52, 108 9 MS. JOHNSON 64 10 MS. SMITH 77 11 MR CHUSID TOO 12 MT. DITTOE 13 MS. JEW 14 103 111 15 EXHIBITS 36 DEPOSITION EXHIBITS: 17 PAGE 1 Plaintiffs' Motion for Protective 11 18 Order, el cetera {65 pgs.) 19 2 Declaration of Willie Mae Turnerin 12 Support of Motion for Protective 20 Order {4 pgs.) 21 3 Notice of Videotaped Deposition 13 (7 pgs.) 22 4 Declaration of James Turner {3 pgs.) 14 23 5 6 Photographs, Automobiles <1 pg.) 14 24 6 6 Photographs, Automobiles and 14 25 People (1 pg.) Page 2 1 BE IT REMEMBERED that, pursuant to Notice of 2 Taking Deposition, and on Wednesday, March 14. 2012, 3 commencing at the hour of 1:12 p,m., at 4709 West 4 18th Street, Los Angeles, California 90019, before 5 me, GISELLE GIRARD, a Certified Shorthand Reporter 6 in and for the State of California, personally 7 appeared 8 9 JAMES TURNER, 1 o called as a witness by the Plaintiffs, and the said 1 1 witness, being by me first duty sworn, was thereupon 12 examined and testified as hereinafter set forth. 13 14 APPEARANCES 15 16- HAROWITZ & TIGERMAN, LLP, 450 Sansome 17 Street, Third Floor, San Francisco, California 18 94111, represented by, STEPHEN M. TIGERMAN, Attorney i s at Law, appeared as counsel on behalf of Plaintiffs; 20 2 3 BASSI EDLIN HUIE & BLUM, LLP. 50Q Washington 2 2 Street, Suite 700, San Francisco, California 94111, 23 represented by, ROBERT S. KRAFT, Attorney at Law, 2 4 appeared teiephonicaliy as counsel on behalf of 2 5 Defendant J.T. Thorpe & Son, !nc.; Page 4 1 {Pages 1 to 4) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650  JAMES TURNER - March 14, 2012 1 products that pertain to the mechanics which you may 1 A. Yes. They used DuPont. They used Bondo, 2 or may not know. Exhibit 13 is a picture that says 2 and Thompson Lacquer. 3 Victor Gaskets on it. As you sit here right now, is 3 Q. Now, how did you know, for example, that 4 that a name that's familiar to you at ail? 4 they used Thompson Lacquer? 5 A. Gaskets, 1think it's like those 5 A. Because you have all the stuff around us. i 6 (indicating). 6 mean we was right in the vicinity when they did it. 7 Q. Do you recall whether or not Victor Gaskets 7 They have a rack on the wail where they put S was a brand that was used at Walker Brothers? 8 different stuff. 9 A .) can't recall really. 9 Q. Now, was Thompson Lacquer something that was 10 Q. Okay. You can put that one down. 10 used in the '50s? 11 Exhibit 14 are Goodyear gaskets. Now, is that a 11 A. Yes, 12 name you recognize? 12 Q. In the '60s? 13 A. Yes, 1recognize these. 13 A. Yes. 14 Q. And is that a brand that was used at Walker 14 MR. PARTOS: Object as leading. 15 Brothers? 15 BY MR. TIGERMAN: 1$ A. It was. 16 Q. And was it used in the '70s? n Q. Can you teil me whether or not that was a 17 A. It was. 18 brand that was commonly used? 18 MR. GRANNIS: Same objection. 19 A. Yes, they were - 19 BY MR. TIGERMAN: 20 DEFENSE COUNSEL: Can you ask the witness to 20 Q. The DuPont, was that paint or primer or 21 speak up, please. Can't hear his answers. 21 both? 22 THE WITNESS: Yes, they were. 22 A. DuPont was basically paint and like a 23 MS. SMITH: Vague. 23 lacquer. 2 4 BY MR. TIGERMAN; 24 Q. And the Bondo, what was the Bondo used for? 25 Q. Did you ever see the mechanics scraping off 25 A. Bondo was used for Bondo. That was the Page 29 Page 31 1 engine gaskets? 1 Bondo - when they do file cars, they put the Bondo 2 A. Yes. Because what it is is w e had to 2 on It and iet it dry, and then they sand it off. 3 clean -- steam clean the engines before they did the 3 Q, And is that a brand that you saw in the 4 work. 4 '50s? 5 Q. So after they scraped it off, you would 5 A. Yes. steam - 6 Q. Did you see it in the '60s? 7 A. No, We would steam clean the engines first, 7 AYes. 8 and then they would take the gaskets off. Because 8 Q. Did you see it until the '70s? 9 the engines had to be cleaned to get all the grease 9 A. In the 70s, i can't remember about the ID and stu ff, so we would steam clean them. And then 10 70s. Because when they used the Bondo in the 70s, XI when we steam clean them, they would take the 11 we was on a different side of the shop, so 1didn't 12 gaskets o ff and do what they had to do. 12 come in contact in the 70s, 13 Q. What kind of device did they use to scrape 13 Q. Now, when we're talking about Bondo on 14 off the gaskets? 14 Exhibit 12, can you tell me whether or not that logo 15 A. it was like a --1guess it was like a 15 looks recognizable to you? 16 knife, it was a scraper. 16 A. Yes, that's the only-logo with Bondo. 17 Q. Do you recall whether or not they ever used 17 MS. JOHNSON: Objection; compound. There's 18 any kinds of wire brushes to get off the residue? 18 five different depictions on Exhibit 12. 19 MS, SMITH: Leading. 19 BY MR. TIGERMAN: 20 THE WITNESS: 1can't recall 20 Q. And when you say that you saw Bondo, do you 21 BY MR. TIGERMAN: 21 know the same way that you know the Thompson, whief 22 Q. Now', during the time that you were there in 22 is that you saw the cans? 23 the-'50s and '60s and 70s, do you recall the names 23 A. Bondo came in a can something like this 24 of any of the suppliers for the materials that were 24 (indicating). 25 used by the body shop? 25 Q. Pointing to the lower left comer? Page 30 Page 32 8 (Pages 29 to 32) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 JAMES TURNER - March 14, 2012 1 A. Yes. 2 Q. And would you see those cans? 1 1 they would file it down. And after they file it 2 down, they would use an electric sander was to 3 A. Of course. 3 smooth it out. And that's the way you did it. 4 Q. And when you saw Bondo --and we can show 4 BY MR. TIGERMAN: 5 this to the camera, if the videographer would be so 5 Q. Typically based on what you observed, was 6 kind (indicating), can you tell me whether or not 6 there only one coat of Bondo used, or did it 7 you recall the lettering being B-o-n-d-o like it Is 7 sometimes require more than one coat? 8 depicted it here? 8 MS. JOHNSON: Calls for speculation; lacks 9 A. That's w hat it was. That's the oniy one 9 foundation. 10 they had. That that's the only Bondo th a t i know 10 THE WITNESS: It would depend on how smooth w that they use was that one. 12 Q. So as far as the body fill goes, this is the 11 it was or how deep the hole were. Sometimes you had 12 dents that was bigger than others. 13 onty one you recall? 13 BY MR. TIGERMAN: 14 A. Right, ----\ 14 Q. If there were multiple coats, would there be Ts Q. And this is the main one that you recall? H 15 multiple sanding, or was there just one sanding at 16 A, Right. When they do a car if it had any 16 the end? 17 kind of " what you call it - then they put the 17 MS. JOHNSON: Objection; compound; calls for 18 Bondo in it and let it dry. And then after they let 18 speculation; lacks foundation; incomplete 19 it dry, then sand it off. 19 hypothetical 20 Q. And as you sit here right now this -- 20 THE WITNESS: What they would do, if it was 21 A. This is the (indicating) - 21 a deep dent in the car, they would use the first 22 Q. Like the one on the bottom? 22 Bondo and then sand it. And if it wasn't smooth 23 A. Right. 23 enough, they would put another coat on it and then 24 Q. You said this is the only one they used 24 let that dry. And then they would sand it and 25 or - 25 smooth it out. Because it was a filier; that's what Page 33 Page 3i 1 A. Well, that's the only one - the Bondo 1can 1 it was. 2 remember was Bondo. And they may have usBd some 2 BY MR. TIGERMAN: / 3 other, but this is the one 1was fam iliar with 3 Q. So it ju st depended? 4 (indicating). That's the one that 1seen the m ost 4 A. Yeah. It was a filier. 5 Q. For the body filler? 5 Q. I'm going 1o hand you w hat we've marked as 6 A, Right, fo r the body filier. 6 Exhibit 7. And I'm going to ask you to circle two 7 Q. I'm going to have you do a couple things 7 people, First o f all, .I'm going to ask you to 8 here, and then l`m going to finish up. This Bondo 8 circle yourself. 9 body filler, tell me how that would be used. How 9 A. Okay (indicating). 10 does a person use a product like that? 10 Q. And can you circle Mr. Rubino? 11 MS. JOHNSON: Objection; calls for 11 A. (Indicating). 12 speculation; lacks foundation. 12 Q. And iJ e d to you. I'm going to make you 13 THE WITNESS; Well, they would used it with 13 circle a third one: -Ken Tanaka. 14 a spatuia just like - you know, a spatula, They 14 A, (Indicating). 15 would take it and smooth it on and then smooth it 15 Q. Thank you. And then this photograph, 16 off and then let it dry. You would have little 16 Exhibit 8, is Mr. Rubino in that photograph? 17 wrinkles in it because the spatula wouldn't be 17 A. I d o n 't know . He's q u ite young there, b u t i 10 completely smooth, and then let it dry, and then 18 th in k that's him (indicating). I'm not sure. 19 they would sand it out. 19 Q. You're pointing to the third from the right? 0 BY MR. TIGERMAN: 20 A. Yes. 21 Q. Did they use hand sanders or did they use 21 Q. And are you in this photograph or your 2 2 electric sanders or both? 22 uncle? 23 _MS. JOHNSON: Same objections. 23 A. Wiy uncle is rig h t here (indicating). 24 THE WITNESS: They used both. First they 24 Q. Circle your uncle for us, would you. 25 would use a hand sander, which would be like a file; 25 A. (indicating). And where w o u ld I be. Let's Page 34 Page 36 9 (Pages 33 to 36} TOOKER & M T Z COURT REPORTING & VIDEO SERVICES (415) 392-0650 JAMES TRNER - March 14, 2012 1 see -- 1 don't remember. 2 Q. You might have been too young to get invited 2 Q, Now, in your declaration on page - on 3 to events like that. Looks like they're serving 3 Paragraph 7,1 just want to make this dear -- 4 booze. 4 MR. GRANNIS; Which declaration are you 5 A. I don't see myself. 5 talking about? 6 Q. Now a couple other things. Exhibit 10, on 6 MR. TIGERMAN: Exhibit 4. 7 Exhibit 10 there's a card at the top for Thompson 7 Q. You say, quote, Mr. Rubino and 1performed 8 Lacquer. Can you tet! me if that's the way you saw 8 auto body refinishing work which involved sanding, 9 the name spelled on the cans that you saw? 9 painting and detailing auto bodies. 10 A. Yes. 10 Did Mr. Rubino do the body refrnishing work? 11 MR. PARTOS: Objection; leading. 11 A. Yes, Mr. Rubino did the body finishing work. 12 BY MR. T1GERMAN: 12 Q. The sanding, was that part of his job? 13 Q. Is that the way the name was spelled; yes or 13 A. That was his Job. 14 no? 14 Q. The painting, was there a separate guy who 15 MR. PARTOS: Leading. 15 was a painter? 16 THE WITNESS: Yes. 16 A. Yes. 17 BY MR. TIGERMAN: 17 Q. Was that Martel? 18 Q. And several-cards down, there's a guy in 18 A. At the time - yes, Joe Martel, 19 there named.James Turner, who ! think sole your 19 Q. And then it says "and detailing auto 2 0 name? 2 0 bodies." Is that where you came in? 21 A. That's-my card. 21 A. Thafs where we came in. 22 Q. That's your card? 22 Q. Now, during the time that people were doing 2 3 A. Yes. 23 work on brakes and clutches in the early years and 2 4 Q. Now, why did you have your own card? 2 4 blowing out the dust, did anybody wear any masks? 25 A. Because i wasn't working for Walker Brothers 25 A. Sometimes some would wear them; other times Page 37 Page 39 1 at that time, 1started working fo r myself. _ 1 they wouldn't. 2 Q. So what year did you leave to go work for 2 Q. And if they did, what kinds of masks are we 3 yourself? 3 talking about? Are we talking about fancy masks or 4 A. '77. 4 just little paper - 5 Q. So did you work with Mr. Rubino up until 5 A. No, Just a little paper cloth mask, white 6 1977? Was he there when you left? 6 cloth mask, and you put it around your ear on your 7 A. Yes. He was there when I left, yes. 7 nose. 8 Q. Now, this photograph here, Exhibit 9, Is 8 Q. When Mr. Rubino was sanding the body fills, 9 that what Mr. Rubino looked like as he got older 9 did he wear a mask? 10 and- 10 A. Sometimes, 11 A. That's Mr. Rubino with the gray hair, that's 11 Q. Again, was that a fancy one or a little 1 2 him, and the half smile. 12 paper one? 13 Q. And is that pretty much what he looked like 13 A. Just the paper ones. 14 when you left? 14 Q. A t any time did you ever have any notion 15 A. When 1left, yes. 1 5 that any of that dust could be dangerous? is -Q-. Now, 1know you did a declaration in this 16 MS. JOHNSON; Objection; calls for 1 7 case In which you mentioned' some other products that 17 speculation; lacks foundation; assumes.facts. 18 were used to repair-cars, and one of them, 1think, 18 THE WITNESS: 1think back then just about 1 9 you said had a parrot on it in the declaration. But 19 even,' thing we worked with was dangerous. 20 you and 1had a talk today about that, didn't we? 20 BY MR. TIGERMAN: 21 A. Yes, we did. 21 Q. But did you consider that dust to be 22 Q. And is it fair to say that as you sit here j 22 different than any of the other dust? 2 3 right now you do not recall that product anymore? i 23 M-S. JOHNSON: Same objections - 2 4 A. No, 1don't remember that one. 1don't | 24 MR. GRANNIS: Vague and ambiguous ~ 2 5 remember that parrot. It might have been, but 1 25 MR. TIGERMAN: I'll re-ask. Page 38 Page 40 10 (Pages 37 to 40) TOOKEJR i ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 JAMES TURNER - March 14, 2012 1 MS. SM ITH: Join. 1 Q. Are there any brands o f primers that you 2 BY MR. TIG ERM AN: 2 recall as you sit here right now besides Thom pson 3 Q. Did you have any idea that brake dust could 3 and DuPont? 4 cause cancer back then? 4 MR. CHU SID: O bjection; m isstates prior 5 A. No. 5 testim ony. 6 Q. Did you have any idea that the auto body 6 BY MR. TIGERMAN: _ 1 fillers, if they can, could cause cancer? '~7 Q. And are there any brands o f body fill that e A. No - 8 you recall other than the B-o-n-d-o, Bondo. 9 MS. JO HNSO N: Objection; assum es facts; 9 A . T hat's the o n ly one 1recall -- th a t's all 10 lacks foundation; im proper hypothetical; calls for th e y used. T h a t's a ll th e y w a s u s in g ba ck th e n . l i speculation. 11 MS. JO H N SO N : M ove to strike; calis for 12 MR. G R ANN IS: Join; it's also argum entative. 12 speculation; lacks foundation; im proper 13 BY M R . T IG E R M A N : 13 hypothetical. 14 Q. Did you give any thought at all to the idea 14 MR. T IG E R M A N : T hat's all 1have. S o I'll 15 that there w as asbestos being used at that tim e? 16 A. No. 15 turn the questioning over. If som ebody would like 16 the m icrophone, 1can just give you the mic. 17 MS, JO HNSO N: Same objections. 17 MR. G R A N N IS : W h y don't you ju s t pass it 18 MR. GRANNIS: Same objections. 18 o v e r here, and i think 1can ask ju s t a few 19 MR. PARTOS: Join. 20 BY MR. TIG ER M AN : 19 questions. 20 MR. TIG ER M AN: There's a m ic right here 21 Q. Now, a lso in yo u r declaration in 21 (indicating) - 22 P aragraph 10, you. said th a t W alker B rothers used 22 MR. GRANNIS: Thank you. 23 m ostly D uPont body fillers, prim ers and paints. 23 24 And again, w e spoke about that today, and ! 24 26 ju s t w a n t to m ake it clear: Is the D uPont the 25 Ill Page 41 Page 43 1 prim ers and the paints? 1 E X A M IN A T IO N 2 A. The D aPont was m ost o f the paints. <Vs Q. And then you go on to say, "As fill-in, we 2 BV MR. GRANNIS: 3 Q. Mr, Turner, m y name is John Grannis, and 1 4 typically used Bondo and Fiberglas Evercoat." Did 4 represent a company called Illinois Tool W orks in 5 Bondo m ake paint? 5 this case. I'm going to try and be brief. 1have a 6 A. B o n d o ,! d o n 't th in k so. 6 couple of just detail questions. 7 Q. So the-B-o-n-d-o cans that you saw were just. 7 First o f all, w hat's your date o f birth? 8 the body fillers? 8 A. 8/31/38. 9 A. That was ju s t the body, fillers. 9 Q. And how long have you lived at this address 10 Q. And you say also som ething about Fiberglas 10 approximately? 11 Evercoat. Do yovrrecall that brand as you sit here 11 A. 40 years, 50 years. It's been a long time. 12 right now? 12 Q. And do you have any plans to move? 13 A. 1can't recall th a t because back then they 13 A. No. 14 d id n 't have m u c h cause f o r fib e rg la s s . 14 Q. Now, l heard you say in response to 15 Q. And jushso we get this straight, is it fair 15 Mr. Tigerman's questions that you left Walker .16 to say th a t m o st o f the paint w a s D uPont and 16 Brothers in 1977? 17 T hom pson? 17 A. Yes, th e la tte r p a rt o f '77. 18 A. Right. 18 Q. And that was to start your own detail 19 Q. And m ost of the body fill - 19 business? 20 MR. PARTOS: O bject as leading. 20 A. Yes. 21 BY MR. TIG ERM AN: 21 Q. And after 1977 you did not work on the 22 Q. All right. W ere there any major brands o f 22 prem ises at W alker Brothers; Is that right? 23 paint th a t you recall besides the Thom pson and the 23 A. That's right. 24 D uPont? 24 Q. Now, I also heard you tell Mr. Tigerman that 25 A. No. 25 when you were looking at one of the photographs that Page 42 Page 44 11 (Pages 41 to 44) TOOKER 6 ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 .JAMES TURNER - March 14, 2012 1 THE W ITN ESS: No, ma'am. 1 MR. TIG ERM AN: I'll make sure he gets his 2 MS. SMITH: Goodyear is the only type o f 2 witness fee. 3 gasket that you recall? 3 MR. GRANNIS: W e already -- 4 THE W ITNESS: That's all 1can recall. 4 MR. TIG ERM AN: Did you send him a fee? 5 MS. SMITH: Thank you, sir. 5 MR. G RANNiS: W e tendered it with the 6 MR. TlGERM AN: And w ith that we've got to 6 subpoena. 7 wrap. 1w ant to thank everybody fo r being courteous 7 MR. TIGERMAN: Can we make a statement for 8 and professional. 1want to thank Mr. Turner for 8 the record, and then we're going to d ose up. W e're 9 taking tim e out o f his life and going through the 9 going to go off the record right now, and we're 10 burden and the oppression o f having to dea! w ith all 10 going to go off the video right now. W e're going to 11 these lawyers. And we now can get out o f w hat 11 let people on the phone submit their requests for 12 little hair he has left. 12 transcripts. People here can subm it their requests 13 MR. GRANNIS: Before we close the record, I 13 for transcripts, and then we're all going to clear 14 w ant to present Mr. T urner w ith a trial subpoena in 14 out of here really quickly. So let's go o ff the 15 the event his testim ony is needed at trial. 1 15 record - 16 realize we have a video record, but 1want to give 16 MR. PARTOS: But for the record, you'll get 17 that to him on the record if you'd pass that along 17 him a witness fee. 18 (indicating). 18 MR, TIG ERMAN: 1will get him a witness fee. 19 MR. TiG ERM AN: And we'll talk about this 19 S o we're off the record. 20 later because there's case law that says you can't 20 THE ViDEOGRAPHER: W e're going off the 21 do that. And he's also not going to be able to make 21 record. The time is approximately 3:10 p.m. This 22 it to San Francisco. 22 marks the end of Disc 1 and the end o f today's 23 MR. GRANNIS: 1understand. And that's my 23 deposition of James Turner. All master copies of 24 cover letter offering to put you on call-- 24 today's deposition will be held in the possession of 25 THE W ITN ES S : I'm going to tell you this, 25 Legal Point Corporation. Page 113 Page 115 1 sir. 1 MR. TIG ER M AN : Thank you. Anybody on the 2 MR. GRANNIS: Yes. 2 phone want copies? 3 THE W ITNESS: W hat you got today is all 3 MS. JEW: Yes, 1do. This is Michelle Jew, 4 you're going to get from me. i don't care w hat you 4 MR. G R ANN iS: Copy, and 1w ould like an 5 say. You can take me to jail or whatever. Sir, 5 E -trans and a mini and electronic copies of all 6 what you got today is all you're going to get. 6 exhibits, please. 7 MR. GRANNIS: Mr. Turner, 1understand -- 7 MR. DITTOE: Same here. 8 THE W ITNESS: No, you're not going to get no 8 MR. PARTOS: Copy with exhibits. 9 more. That's it. 9 MR. CHUSiD: W e ll need a copy, 10 MR. GRANNIS: I understand. 10 (W hereupon, at the hour of 3:12 p.m., the 11 THE W ITNESS: This here you can take.on back 11 deposition was adjourned.) 12 (indicating). 12 13 MR. TiG ERM AN: Keep it and we'll talk about 13 14 i t - 14 15 MR. GRANNIS: 1have copies. 15 16 THE W ITNESS; W hatever. That'-s all you're 16 SIGNATURE OF W ITNESS 17 going to get. 17 18 MR, GRANNIS: Thank you, sir. 18 19 MS. SMITH: W hile we're on the record, 1 19 20 also want to mark Goodyear's notice o f deposition as 20 21 the next in order. 21 22 (Deposition Exhibit-17 w as marked for 22 23 identification and attached hereto.) 23 24 MR, PARTOS: Did we get a witness fee for 24 25 this witness? 25 Page 114 Page 116 29 (Pages 113 to 116) TOOKER & ANT2 COURT REPORTING VIDEO SERVICES (415) 392-0650 JAMES TRNER - March 14, 2012 ------------------------------------------------------------------------------------------------ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 C ER TIFIC ATE OF DEPOSITION OFFICER j, G ISELLE G IRARD, duly authorized to adm inister oaths Pursuant to Section 2093(b) of the C alifornia C ode o f Civil Procedure, hereby certify that at the com m encem ent o f the foregoing deposition, the w itness stated he or she would testify the truth, the whole truth, and nothing but the truth in the w ithin-entitled cause; that said deposition w as taken at the tim e and place therein stated; that the testim ony of the said w itness w as reported by me and transcribed into a com puter-assisted transcript under my direction; that the foregoing is a full, com plete and true record o f said testim ony; and that the witness was given an opportunity to read, correct and sign said deposition and to subscribe same. 1fu rth e r certify th a t 1am neither counsel for nor related to any P arty to said action nor in any w ay interested in the outcome-iherefetao-, f it DEPOSITION O F F iC E R ^ R r DATE OF CERTIFICATION i hereby certify that this copy is a true and exact copy o f the original. Page 117 30 TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 (Page 117) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "J J " 24 25 26 27 28 KEN TANAKA - September 23, 2010 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 1 APPEARANCES (continued): 2 For the Defendants Alco Industries, Inc., 3 UNLIMITED CIVIL JURISDICTION 4 3 Oatey Company: 4 WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP 5 THOMAS RUBINO, individually and ) 6 as SuccessorJndniercDi to ) 5 BY: HELEN M. LUETTO, ESQ. 6 One City Boulevard West, Fifth Floor 7 CARMINE RUBINO, JR., Decedent; ) Case No. CGC-OB-274556 7 Orange, California 928S6 8 DANIEL RUBINO; and DOES 1 ) 8 (714) 634-2522 9 through 10, inclusive, ) 10 Plaintiffs, ) 9 For the Defendant .I. DuPont De Nemours & Company: 10 GLYNN & FINLEY, LLP vs. ) 11 BY: RUTA PASKEVICIUS, ESQ. 12 ACandS, Incorporated, et aL, ) 13 Defendants. ) 12 One Walnut Creek Center, Suite 500 13 100 Pringle Avenue 14 14 Walnut Creek, California 94596 15 1 15 (925) 210-2806 16 16 For the Defendant BASF Corporation: 17 17 REED SMITH LLP 18 19 Deposition of: KEN TANAKA 20 18 BY: JOHN E. DITTOE, ESQ. 19 101 Second Street, Suite 1800 20 San Francisco, California 94105 23. Date: September 23,2010 22 21 (415) 659-4771 22 23 Reported by: Lori Arias 23 24 24 25 CSR 9433 25 Page 3 i Deposition of KEN TANAKA, taken on behalf of the 1 2 Plaintiffs, before Lori Arias, a Certified Shorthand 2 3 Reporter, commencing at the hour of 10:04 a.m.. 3 4 Thursday, September 23, 2010, at Holiday Inn Buena Park 4 5 Hotel & Conference Center, 7000 Beach Boulevard, Buena 5 6 Park, California. 6 7 7 8 8 $ APPEARANCES: 9 10 For the Plaintiffs: 10 11 HAROWiTZ & TIGERMAN, LLP 11 12 BY: BRENDEN G. SULLIVAN. ESQ. 12 13 450 Sansome Street, 3rd Floor 13 m San Francisco, California 94111 14 15 (415)788-1588 15 16 For the Defendants Hamilton Materials, Inc., 16 17 Dowman Products, Inc., NMBFil, Inc.: 17 18 WALSWORTH, FRANKLIN; BEVINS & McCALL, LLP 1 8 19 BY: DANIEL C. SIGLER, ESQ. 19 20 One City Boulevard West, Fifth Floor 20 21 Orange, California 92868 21 22 (714) 634-2522 22 23 23 26 24 25 25 Page 2 APPEARANCES (continued): For the Defendanf R.T. Vanderbilt Company: SELMAN BREITMAN LLP BY: ROD J. CAPPY, ESQ. 11766 Wilshire Boulevard, 6th Floor Los Angeles, California 9G025 (310)445-0800 For the Defendant Pfizer, Inc.: TUCKER ELUS & W EST LLP BY: FERLIN P. RUIZ, ESQ. 135 Main Street, Suite 700 San Francisco, California 94105 (415) 617-2222 For the Defendant Pneumo Abex LLC: BRYDON, HUGO & PARKER BY: MiCHELLE M. CLOW SERrESQ. 135 Main Street, Suite 2000 San Francisco, California 94105 (415) 808-0300 (Appearing Telephonicaily.) Page 4 1 (Pages 1 to 4) TOOKER & ANT2 COURT REPORTING & VIDEO SERVICES (415) 392-0650 KEN TANAKA - September 23, 20X0 1 Q. Could you spell that for me, please? 1 Q. W as Nash the predom inant car that they 2 A. K-u-M -a-md, Motors. 2 worked on there? 3 Q. And where is that located? 3 A No. It becam e ~ it becam e w h a t? 1guess 4 A. In Denver. 4 they became - g o t together w ith - m erged w ith 5 Q. In Denver. How long did you w ork there 5 Hudson, and then th e y became American M otors. 6 for? 6 Q. Do you kn o w around w h a t year it becam e 7 A. A bout three years, 1guess. 7 Am erican Motors? 8 Q. So you said 1944 you started there? 8 A. 1have no idea now . i c a n 't remember. 9 A, No, no. ! started in '47. 9 Q. Okay. So were the cars that you worked 10 Q. Okay. I'm sorry. 1947 until about 1950; 10 on, w ere they predom inant Nash then? They were 11 is that about right? 11 A m erican Motors fo r your tim e there? 12 A. Yeah. 12 A. Yeah. Predom inantly, yes. 13 Q. A nd at what point did you come back to 13 Q. So w ould you say like between 6 0 and 14 Long Beach? 14 70 percent, o r how w o u ld you - if you could. 15 A 1956. 15 A. ! guess so. 16 Q. Okay. 16 Q. Okay. Now, w hen W alker Brothers w as on 17 A. S o I w a s in D enver a b o u t 13 years, o r 17 W e ste rn and O lym pic, w as it ju s t one building, if 18 s o m e th in g like th a t, o r C olorado. 18 you know? 19 Q. So you came back to Long Beach in 1963; is 19 A The dealership and the m echanic section 20 that fair? 20 w a s alJ in one. 21 A. No. 21 Q. Okay. 22 Q. W hat year did you come back to Long Beach? 22 A. And the body shop was dow n the b lock - -2 3 A. '56. -- 23 h a lf a b lo c k a w ay u n d e r -- it w a s a -- 1g u e s s i t 24 Q; Oh, 1956. Okay. And where did you begin 24 w as a pa rkin g area fo r a h o te l o r apartm ent, 1 25 w o rk in 1956? 25 guess. Page 21 Page 23 1 2 3 L .4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. W alker Brothers. 1 Q. A nd w hen you started with W alker Brothers 2 in 1956, do you recall w hat your jo b title w as? 3 A J u st body and fender man. 4 Q. Body and fender man? Okay. Do you recall 5 the location o f W alker Brothers at that tim e? 6 A O lym pic and W estern. 7 Q. O lym pic and W estern? W as - do you know 8 w h a t W a lke r Brothers was, if you w ill? W as it just 9 a b ody-and fe n d e r shop, o r w a s it also a m echanic 10 shop? 11 A It w as a Nash dealership.- 12 Q. Nash dealership. Okay. Did you 13 predom inantly w ork on Nash cars? 14 A No. W orked on all kinds, but m ostly the 15 Nashes. 16 Q. Okay. How long did you work at W alker 17 B ro th e rs ? !1B A U ntil they q u it. 119 Q. So w as it - from 1956 until -- you said 20 they quit. W as that around 1984? 21 A l can't rem em ber w hen - what-year it was, 22 b u t th a t's - 23 Q. Sounds about right? A Yeah. i 24 25 Page 22 Q. Okay. A. So that's w here w e were w orking until 19> -1 9 5 8 , i guess, we moved to th e ir building on Olympic - on the north side of Olympic. We were on the south side, and th e y had a p io t -- lo t on the north side of Olympic, so they built a - put up a building there fo r mechanics and body shop and new car service. Q. Okay. So from 1956 to 1958, there was a dealership and a mechanic shop in one location and a body shop - A. Body shop. Q. --In a separate location? A, Yeah. Yes. Q. Okay. Do you know a man by the name of Carmine Rubino? A. Yes. --1 Q. Okay. Do you recall when you first met Carmine Rubino? A. Welt, when 1firs t started - worked there. 19- - th a t w as in A ugust of 1956, Q. Okay. W as he working there when you got there? A (No audibie response.) Q. Okay. Do you know what his job title was? Page 24 6 {Pages 21 to 24) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 KEN TANAKA - September 23, 2010 1 A, Same thing as mine, 1guess. 2 Q. Okay. So he was a body and fender m an as 1 v is it him . 2 Q. Do you know w hat would bring you over Li3 well? A. Yeah. 5 Q. Okay. Did you two w ork together? J 3 there, besides your brother? Did you ever have to 4 go there to -- 5 A. W eil, the parts departm ent w a s there - 6 A. You mean - 6 Q. Okay. 7 Q. On the same cars? 1 A. ~ in th a t building, so if w e needed 8 A. No. 8 parts, we'd go talk to them. 9 Q. Okay. 9 Q. Okay. A nd w hat parts are w e talking 10 11 A. Two w orked on 1 separate - f w a s m ore o r less his car, and w orked on -- he 12 Q. Okay. So from 1956 to 1958, when there 10 about? 11 A. Oh, fenders o r whatever, doors o r whatever 12 w e needed, door locks. 13 w as the m echanic shop w ith the dealership and the 13 Q. Okay. So when the body shop then moved 14 body shop, did you only w ork in the body shop? 14 over to the north side of the street in 1958, was 15 A. Yes. 15 there ever mechanical work performed there? 16 Q. Do you know, if you can rem em ber, if 16 A. Huh? 17 18 ! C a rm in e w as only w orking in the A. A s fa r a s can remember, body yes. shop? 19 Q. Okay. Do you recall a man by the name o f 17 Q. W as there ever mechanical work performed 18 in the shop? 19 A Yeah. There w as -- God. On the end w as 20 Jam es T umer? 20 the fro n t end alignm ent setup, and then there w as 21 A. Yes. 21 a n o th e r m echanic in between. 22 Q. Do you recall w hen you met Jam es Turner? 22 A nd th is w as kin d o f an L-shaped b u ild in g , 23 A. That was I guess after - after we moved 23 s o w e w ere on th is side, and on th is section w a s 24 to th e n o rth sid e o f O lym p ic, because he w a s the 24 the new car service - you know, the new cars th a t 25 c le a n u p - p o lis h ca rs, w a sh cars. 25 com e in fro m the factory were serviced before they Page 25 Page 27 1 Q. Okay. So from 1958, is when you met James 1 w ere put o ut on the showroom . 2 Turner, after the shop had moved? 2 Q. And w e 're talking about the facility in 3 A. Yeah. 3 1958 on the north end? 4 Q. And when you say the shop had moved, you 4 A. Uh-huh. 5 ju st mean the body shop; is that right? 5 Q. Okay. If you could -- Cm - if anybody 6 A. (No audible response.) 6 has an objection, I'm going to estim ate this room 7 Q. So the body shop that w a s open fro m '56 to 7 to be about 16 feet by - starting from that wall 8 '58 closed down and moved to the north side of the 8 there -- by let's just say 22 feet. 9 street in 1958? 9 Does that seem about right? 10 A. Yeah. 10 MR. SIGLER: Talking about the entire room? 11 Q. W as there ever any mechanical - do you 11 MR. S ULLiVAN ; D on't count the little back 12 understand what I mean when I say mechanical work J-2 corner. 13 to a car? 13 MR. SIGLER: Just that one wall there? 14 A. Yeah. 14 MR. SULLIVAN: Yes, sir. 1-5 Q. W as there ever any mechanical work 15 G. W ould you say - 16 performed-in the body shop - 16 A. How deep - how deepis th is? 17 A. No. 17 Q. I figure it's about 16 to 20 feet. 18 Q. -- between 1954 and 1958 - - 1mean '56 and 18 W h a t I'm trying to do Is I'm trying to 19 '58? 19 figure out how large the L shape o f the shop was, 20 A. No, i d o n 't. 20 A. Oh. 21 Q. Did you ever have an opportunity to go to 21 Q. O kay? Could you estim ate for m e how large 22 the mechanic shop - 22 it was? 23 A. Yes. 24 Q. - a s part -- 23 A. W elt, it w as fro m say the sid e w a lk to a 24 d is ta n c e o f a b o u t th e afley, I gu e ss. A n d th is one 25 A Because m y b ro th e r w a s w o rkin g there. I'd 25 w as a little shorter. This one w as longer. Page 26 Page 28 7 (Pages 25 to 28) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 KEN TANAKA - September 23, 2010 1 transcript - you'll be provided a copy of this 1 BY MR. SULLIVAN: 2 transcript, and if there's any changes that you can 2 Q, Did you ever have to use more than two 3 make, you can make them at that time. 3 coals of body fill? 4 A. Okay. 4 A. Sometimes, yes. 5 Q. So can you describe for me the process of 5 MR. SIGLER: Leading. 6 applying the body fill? 6 BY MR. SULLIVAN: 7 A. Well, say a dent, you grind a!f the paint ? Q. Did you ever have to use more than three 8 o ff o f it until it's ail metal, and then you mix 8 coats of body fill? 9 the Bondo and ju s t apply it and let it - it w ill 9 10 what? Seif-harden? Ten minutes, maybe less, and 10 MR. SIGLER: Leading. THE WITNESS: Yes, 11 then you ju s t sm ooth it down and --with the 11 BY MR. SULLIVAN: 1 2. sander. 12 Q. Okay. And was the process the same as 13 Q. Okay. So you --first you said you grind 1 3 with the sanding between the coats? 1 4 down the metal to take the paint off of it? 4 A. Uh-huh, yes, 15 A. Yeah, because the Bondo w ill not stick to 1 6 paint. Or even if It did stick, when they - it 17 m ight break the paint - take the paint o ff o f the 15 Q. And does that generally describe what you ^ 16 would do with the body fill material ~ 17 A. Yes. 18 -metai and fall off, so you have to have the Bondo 19 stuck to the metai, and you grind it so it's kind 18 Q. - to the fender or whatever affected 1 9 area? 2 0 of on the rough side. 20 A. Yeah. 21 Q. Okay. And is the too! that you use to 21 Q, Do you recall if Carmine-Rubino ever did 22 grind the paint off the fender, before you apply 2 2 -this type of work? 23 the Bondo, the same tool that you used to sand down 2 3 A You know, it never - we never watched 2 4 the Bondo once it's cured? 2 4 each other. 1never saw him do anything like that. 25 A. You could, but then you usually don't. 2 5 And you think maybe I'm lying, but you go to work, Page 37 Page 39 1 2 3 4 5 6 7 8 S 10 11 12 13 14 15 16 17 18 19 2 0 f 21 22 2 3 2 4 2 5 You use a - 1 Q. Is it sandpaper? 2 A. it's a sandpaper, iong one - narrow long 3 one w ith a handle, and you just -- more like 4 filing, only it's sandpaper, 5 Q. Okay. So then after the Bondo dried and 6 after you sanded it, what was the next step? 7 A. Well, after it's ail smooth, then you send 8 it to the painter,-and he puts primer over it and 9 painis it whatever color. 10 Q. Do you recall if you ever had to use more 11 than one coat of the body fill material? 12 MR. SIGLER: Leading. 13 THE WITNESS: Oh, sure, sure. Yeah, because-- 14 BY MR. SULLIVAN: 15 Q. Hold on, 1had an objection there, and 1 16 want to respond. 17 THE REPORTER: I'm sorry. 1didn't hear an 18 objection. 19 MR. SIGLER: Leading. 20 BY MR. SULLIVAN: ___ 21 Q. You had to use more than one coat of body 22 fill; yes or no? 23 A. Yes. 24 MR. SIGLER: Leading. 25 Page 38 and you start your w ork. He's already w orking, so - he usually gets there - w ork early, so he's already busy working, so 1never slopped to talk to him. i ju s t go do my work. Q. But you were the two body repairmen at Walker Brothers, right? A, Yes. Q. So when he's - did you ever see a car com e into his bay that had a dent on it that came out with body fill fhat was sent to paint? A. ! suppose 1did. !`m not sure. Q. But you saw him working on cars, right? A. Oh, absolutely, yeah. Q, And he had the-same job that you had, right? A. Right, Q. Did you ever -- did you clean up each other's areas or only your area? A. You ju s t w o rk on your area and that's it. Q. Okay. And when that process was - when you were doing that body fill process, did that create - what --did it create any dust? MR. SIGLER: Leading. THE WITNESS: Uh-huh,yes. III P ag e 40 10 (Pages 37 to 40) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 KEN TANAKA - September 23, 2010 1 stalls, seven, eight - and a paint booth, so 1 facts. 2 it's -- w hat did 1say? Seven? 2 DEF. COUNSEL; Misstates testimony as well. 3 Q. Six car stalls, 1think you said. 3 DEF. COUNSEL: And leading. 4 A. Six -- six car stalls - no. Yeah, six 4 BY MR. SULLIVAN: 5 car stalls and tw o more fo r th e painter, so th a t's 5 Q. Is it true ~ yes or no, did sanding the 6 eight, and a paint booth, which is about a car 6 body fiii and cleaning up the body fill debris 7 stall w ith - a little bit bigger. 7 create dust? 8 Q. Okay. And how far away were you working 8 A. Yes. 9 from Carmine Rubino on a daily basis? 9 DEF. COUNSEL: Same objections. 10 A. Right next - well, ten feet. 10. BY MR. SULLIVAN: 11 Q. Did you ever have an opportunity to work 11 Q. Did you and Carmine Rubino work within ten 12 closer to him? 12 feet o f each other? 13 A. Very seldom . 1don't remember. 14 Q. So it's approximately about ten feet? 13 A. Yes. Sometimes, yes. 14 Q. Okay. Did you ever see Tom -- Carmine 15 A. Yeah. 15 Rubino's work create dust? 16 Q. Okay. And you testified that when you 16 A. Yeah. I guess so, yeah. 17 would do body work, you did some sanding, and the 17 Q. Okay. Did you only use brooms and dust 18 sanding created dust; is-that correct? Yes or no? 18 pans to-Ciean - to clean up the work areas? 19 A. Yes. 19 A. Sometimes w e used an air hose, Just blow 20 Q. Yes? And you also testified that you had' 20 it out. 21 to clean up your area with brooms and a dust pan; 21 Q. Can you remember the earliest time when 22 is that correct? 22 Walker Brothers supplied air hoses to dean up your 23 A. Yes. 23 work areas? 24 Q. Thank you. And when you cleaned up the 24 A. We always had an air hose w ith us, because 25 area, were you and Tom (sic) Rubino in the same 25 some o f - the sanding machine w as air -* run w ith Page 61 Page 63 1 vicinity? Were you both about ten feet away when 1 air, 1guess you w ould say. 2 you cleaned up your work station? Yes or no? 2 Q. Did using the air hose, as opposed to a 3 DEF. COUNSEL: Assumes facts. 3 broom and dust pan, create more dust or less? 4 THE WITNESS: No. 1don't think so. o A. More. J 5 BY MR. SULLIVAN: 5 DEF. COUNSEL: Leading. 6 Q. Okay. 6 MR. SULLIVAN: Aii right. Well, thank you very 7 A. No. 7 much, Mr. Tanaka. That's all 1haveforyou today. 8 Q. Were you present when Carmine Rubino would 8 THE VIDEOGRAPHER; We're going off the record, S clean up his work station? 9 The time is 1:11 p.m. 10 A. Well, we finished the jobs on-a different 10 (Break in proceedings.) 11 tim e, so when we finished, we'd clean up. 11 THE VIDEOGRAPHER: We're back on the record. 12 Q. Okay. 12 The time is 1:13 p.m. 13 A, And when he finished, he cleaned up, and 13 MR. SIGLER: You want to put something on the 14 I'd be --maybe I'd be working with - on my job. 14 record? 15 Q. Okay. And you testified that -- or 1 15 MR. SULLIVAN: Yeah. This is Brenden Sullivan, 16 should just - strike that. _ 1-6 plaintiffs' counsel. I just wanted to make it 17 When you cleaned up, did that create dust? 17 clear.for the reeordthat I had asked, just as a 18 A. Yes. 19 Q. And when you sanded the body fill, did 18 courtesy, for defense counsel to let the witness 19 know who they represent - not whai law firm, but 20 that create dust? 20 what defendant they representin the case before 21 A. Yes. 21 they proceed with their questioning, and that 22 Q. And was that something that happened on a 22 request has been denied. 23 regular basis during 1958-fo 1984? 24 A. Yes. 23 1 24 MR. SIGLER; ARd I'd like to respond to that and explain the basis of si least my case. 25 DEF. COUNSEL: Vague and ambiguous, assumes 25 My denial on behalf of my clients is that Page 62 Page 64 16 (Pages 61 to 64) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 KEN TANAKA - September 23, 2010 1 right? 1 Inc,? 2 A. Oh, okay. 2 A, Correct 3 MR. SULLIVAN: That's a tough thing to do. 3 MR. SULLIVAN: Objection, foundation. 4 MS. HELWiG: W ell, you know what, you're 4 MS. HELWIG: Okay. Thank you, sir. 5 correct there. 5 THE WITNESS: One Grand? 6 Q. Sir, 1know that you've said that you did 6 MR. SULLIVAN: Is that it on the phone? 7 not w ork in purchasing while at W alker Brothers. 7 8 At any time while you worked for Walker 8 FURTHER EXAMINATION 9 Brothers, did you place any orders for supplies? 9 BY MR. SULLIVAN: 10 A. Take orders? 10 Q. Okay. 1Just had a few questions for 11 Q. Place orders for supplies. 11 follow-up. Mr. Tanaka, when counsel for DuPont was 12 A. Oh, no. 12 up here asking you questions about whether or not 13 Q. Did you ever order supplies? 13 you knew if Joe Martel purchased his -- the DuPont 1A A No, no. 14 paint products from Thompson Paint and Lacquer, and 15 Q. All right. And did you ever work in the 15 you said, "No, 1don't know," and then at the end 16 detailing department of W aiker Brothers? 16 of that you said, "Well, because sometimes sales 17 A . D e ta ilin g , d e ta ilin g . O h, no. 17 guys would come in." 18 Q. Did you ever observe Carmine Rubino work 18 Was your understanding of her question 19 in fne detailing departm ent o f W alker Brothers? 19 that Joe wouldn't do the purchasing, but the sales .20 A No. 20 guys would do it directly with Walker Brothers? 21 Q. Sir, do you know what a buffing pad is? 21 A, No. Joe would order whatever he needed 22 A Yes. 22 from the salesman. 23 Q. And w hat is a buffing pad? 23 Q, Right. So is it your - do you know 2A A Bor polishing. 2 6 whether or not Joe would order - 25 Q. And these buffing pads are made out of 25 A. 1guess so, yes. Page 113 Page 115 1 sheepskin; is that correct? 1 Q. Okay. Thank you. 2 A. l-ihink so, yes. 2 MR. SULLIVAN: That's all 1ha ve . Anybody 3 MR. SULLIVAN: Belated objection, foundation, 3 else? 4 calls fo r speculation. 4 THE W ITNESS: Can 1go home now? 5 BY MS. HELWiG: 5 MR. SULLIVAN: Your deposition is now 6 Q. Did you ever see anyone work with a 6 concluded. Thank you very much for your iime, 7 buffing pad in Mr. Rubino's presence? 7 Mr. Tanaka. B A. i can't remember. 8 THE WITNESS: Okay. Thank you. 9 Q. Am I correct, sir, that when you were 9 MR. SULLIVAN: Thank you. 10 doing your work repairing auto bodies, you would 10 THE VIDEOGRAPHER: This concludes the 11 not use a buffing pad to-perform that work; is that 11 deposition of Ken Tanaka. The total number o f 12 correct? 12 tapes is two. All original videotapes will be 13 A. Yes. 13 retained by Tooker and Antz, 350 Sansome Street, 14 Q. Is it also correct, sir, that you did not 14 Suite 700, San Francisco, California 94101. The 15 observe Mr. Rubino use any buffing pads to perform 15 phone num ber is (415) 392-0650. 16 his work on auto bodies? 16 W e 're going off the record, The time is 17 A, Yes. 17 2:23 p.m. 18 Q. Have you ever heard of a company by the 18 19 name of One Grand Products, Incorporated? 19 (The deposition concluded at 2:23 P.M.) 20 A. One Grand - no. 1can't remember. One 20 21 Grand? 21 22 Q. !s it fair to say then, sir, that you have 22 23 no information or knowledge that Mr. Rubino worked 23 24 with or around any products manufactured, 24 25 distributed or supplied by One Grand Products, 25 Page 114 Page 116 29 (Pages 113 to 116) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 KEN TANAKA - September 23, 2010 1 1hereby declare under penalty of perjury 2 under the laws of the State of California that 1 3 have read the foregoing deposition and that the 4 testimony contained therein is a true and correct 5 transcript of my testimony given at said time and 6 place. 7 Dated this dav of 8 2010, at 9 (City) (State) 10 11 12 13 14 Signature ofWitness 15 16 17 18 19 20 21 22 23 24 25 Page 117 i 1 CERTIFICATE 2 OF 3 CERTIFIED SHORTHAND REPORTER 4 5 6 1, Lori L. Arias, Certified Shorthand 7 Reporter of the State of California, do hereby 8 certify: 9 That the foregoing deposition was taken 10 before me at the time and place therein set forth, 11 at which time the witness was duly sworn by me; 12 That the testimony of the witness and all 13 objections made at the time of examination were 14 recorded stenographicaliy by me and thereafter 15 transcribed, said transcript being a true oopv of 16 my shorthand notes thereof, and a true record of 17 the testimony given by the witness. 18 N WITNESS WHEREOF,-Lhave subscribed my 19 name this 7th day of October, 2010. u j& jt. 20 21 22 23 Lori L. Arias, CSR 24 Certificate No. 9433 Page 118 30 (Pages 117 to 118) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "KK" 24 25 26 27 28 DOUGLAS DIDRIKSEN - June 7, 2011 1 SUPERIOR COURT OF CALIFORNIA 1 APPEARANCES - CONTINUED: 2 COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION 2 FOR DEFENDANT ILLINOIS TOOLWORKS, INC.: 3 3 POOLE &SHAFFERY, LLP 4 THOMAS RUBINO, individually and ) CASE NO. h BY: CHARLES W. JENKINS. ESQ, 5 as Successor-in-interest to ) CGC-09-274556 5 445 South Figueroa Street, Suite 2520 6 CARMINE RUBINO, JR., Decedent; ) . 6 Los Angeles, California S0071 7 DANSEL RUBiNO; and DOES ONE ) 8 through TEN, inclusive, ) ? {213)433-5390 8 FOR DEFENDANT BASF CORPORATION: 9 Plaintiffs, ) 10 vs. ) 11 AC and S, INC., et al., ) 12 Defendants. ) 9 REED SMITH, LLP 10 BY: JOHN E. DITTOE, ESQ. 11 101 Second Street. Suite 1800 12 San Francisco, California 91105 13 ) 13 (415) 659-4771 14 14 FOR DEFENDANT PFIZER, INC.: 15 15 TUCKER ELLIS 6 WEST, LLP 16 16 BY: FERLIN P. RUIZ, ESQ. 17 17 135 Main Street, Suite 700 18 18 San Francisco, California 94105 19 Deposition of: DOUGLAS DiDRIKSEN 20 19 (415) 617-7222 20 FOR DEFENDANT ALCO INDUSTRIES, INC., AND OATEY COMPANY 21 Date: 22 TUESDAY, JUNE 7, 2011 21 WALSWORTH, FRANKLIN, BEVINS & McGALL, LLP 22 BY: HELEN M. LUETTO, ESQ. 23 Reported by; Melanie-A. Vizenor 23 One City Boulevard West, Fifth Floor 24 24 Orange, California 92868-3677 25 CSR No. 4026 25 (714) 634-2522 Page 3 1 Deposition of DOUGLAS DiDRIKSEN. taken on 2 behalf of thB Plaintiffs, before Melanie A. Vizenor, a 3. Certified Shorthand Reporter, commencing al the hour of 4 2:22 p.m,, TUESDAY, JUNE 7, 2011, at Ayres Hotel, 12850 1 APPEARANCES - CONTINUED: 2 FOR DEFENDANT NMBFil, INC., AND DOWMAN PRODUCTS, INC.: 3 WALSWORTH, FRANKLIN. BEVINS &McCAU., LLP 4 BY: KAREN M JOHNSON, ESQ. 5 Seal Beach Boulevard, Seal Beach, California. 6 7 APPEARANCES: 8 FOR PLAINTIFFS: 9 HAROWITZ & TIGERMAH, LLP 10 BY: BRENDEN G. SULLIVAN, ESQ. 11 450 Sansome Street, 3rd Floor 12 San Francisco, California 94111 13 (415) 788-1588 b One City Boulevard West, Fifth Floor 6 Orange, California92868-3677 7 (714) 634-2522 8 FOR DEFENDANT CYPRUS AMAXMINERALS CO.: 9 BECHERER, KANNETT & SCHWEITZER 10 BY: ANTHONY'TONY" BFNTIVEGNA, ESQ. - (telephonic) .11 2200 Powell Street Suite 805 12 Emeryville, California 946Q8 13 (610) 658-3600 14 FpR DEFENDANT EINISHMASTER, INC.: 15 COZEN O'CONNOR 16 BY: MICHAEL J. PfiRTOS, ESQ. AA FOR DEFENDANT PNEUMO-ABEX, LLC, AND DANA COMPANIES. LLC: 15 BRYDON HUGO S PARKER 16 BY: MICHELLE M. CLOWSER, ESQ, - (telephonic) 17 601 South Figueroa Street, Suite 3700 17 135 Main Street, 20th Floor IB Los Angeies, California 90017 18 San Francisco, California 94105- 19 (213) 892-7900 19 (415) 0S-03D 20 FOR DEFENDANT E.l. duPONT deNEMOURS & COMPANY: 20 FOR DEFENDANT BORS-WARNER CORPORATION: 21 GLYNN & FINLEY, LLP 21 BURNHAM BROWN 22 BY: RUTA PASKEVICIUS, ESQ. 22 BY: WALTER C. RUNDIN. ESQ. - (telephonic) 23 100 Pringle Avenue, Suite 500 24 Walnut Creek, California 94596 23 1901 Harrison Street, 11th Floor 24 Oakland. California 94612-3501 25 (925) 210-280S 25 (510)444-6800 Page 2 Page 4 1 {Pages 1 to 4) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 DOUGLAS DIDRIKSEN June 7, 2011 1 MR. IRWIN; Hi. This is George Irwin of Gordon & 1 So it is comfortable, but it means the same 2 Rees for Goodyear Tire & Rubber. 2 thing as sitting In a courtroom. Okay? 3 MR. CONNELLY; Joe Connelly, representing 3 The next is, 1don't want you to speculate to 4 Kelly-Moore Paint Company. 4 any answers to the questions 1might pose to you. 5 MS. RNATERI SILBIGER: Good afternoon. Lynn S For instance, you might be able to tell me how 6 Finateri Silbiger, representing R.T. Vanderbilt Company. 6 far we're sitting away from each other with a pretty 7 MS. CLOWSER: Good afternoon. This is Michelle 7 accurate number. But if 1asked you how much money 1 8 Ciowser with Brydon, Hugo & Parker, representing 9 Pneumo-Abex, LLC, and Dana Companies, LLC. 8 had in my pocket, you would - It would be a guess. 9 That's the difference between speculation and answering 10 MR. RUNDIN: Good afternoon. This is Walter Rundin 10 from what you remember. 11 with Burnham Brown, representing defendant Borg-Warner 3.3 Okay? Do you understand that? 3.2 Corporation. 12 A. ! understand. 13 MR. MURRAY: And this is Jim Murray on behalf of Syd 13 14 Carpenter Marine Contractor. 14 Q. Okay. Perfect, So, Mr. Didriksen, what --what's your date of 15 MR. SULUVAN: Okay. 15 birth? 16 THE VIDEOGRAPHER: Any stipulations for the court 16 A. 6-9-25, 37 reporter? 17 Q. And where were you bom? 38 MR. SULLIVAN; I'd like to stipulate an objection by IB A. Kearney, Nebraska. 19 one defendant is an objection by ail. Okay? 19 Q. And when did you move to California? 20 THE VIDEOGRAPHER: Court reporter, would you please 20 A. 1926. 21 swear in the witness. 21 Q. Are you married, sir? 22 22 A. Yes, .23 DOUGLAS DIDRiKSEN, 23 Q. How long have you been married? 24 having been duly sworn, was examined and testified as 24 A. Since 1943. 25 follows: 25 Q. Congratulations. That's a very long time. Page 9 Page 11 1 THE WITNESS: Ido. 2 3 EXAMINATION 4 BY MR. SULLIVAN: 35 Q. Good afternoon, sir, 6 Could you please state your name. .7 A, Douglas Didriksen. 8 Q. And, Mr. Didriksen, 1understand that you have 9 been seeing a lot of doctors lately. Are you currently 10 under any medicatiomthat would affect your judgment or 11 your ability to remember today? 12 A, No, 13 Q. Okay. I'd like to give you what we call 14 admonitions, a fewrules of the road, if you will, 15 regarding depositions. The first one is, it's - though 16 you're being videotaped, which is for trial preservation 17 only, Madam Court Reporter over here is recording every 18 word that you say, So it's very important that you 19 answer audibly with yes or no instead of shaking heads 20 or uh-huhs or huh-uhs. Okay? 21 The second is you are under the penalty of 22 perjury today. Even though we're in a very comfortable 23 setting just ten minutes away from your home, everything 24 you say can and will be used against you in a court of 25 law. Okay? Page 10 1 Do yog have any children? 2 A. Yes. 3 Q. How many? 4 A. Three. 5 Q. Okay. Did you attend college or university? 6 A. No. 7 Q. Were you ever in the' military? 8 A. Yes. 9 Q. When were you in the military? 10 A. '43 to '48. 11 Q. And wbat branch of the military -- 12 A, Navy. 13 Q. You were in the Navy. 14 Now, one other important point is try to make 15 sure that I finish my questions - 16 A. I'm sorry. 17 Q. It's okay. Also, because I may ask a question 18 that the defendants behind me may object to, and we want 19 to give them time to object, much like when they ask you 20 questions after I'm finished, you'll want to give a 21 pause there to give me time to object. Okay? 22 So when you returned in 1946, did you get a 23 job? 24 A. Yes. 2b Q. And where was that? Page 12 3 (Pages 9 to 12) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 DOUGLAS DIDRIKSEN - June 7, 2011 A. Los Angeles. 1 A. Till 1963. Q. Okay. And where were you employed? 2 Q. And what happened in 1963? A. Walker Brothers, --3 A They acquired the southeast comer of Oxford 4 Q. Okay. And in 1946, where was the location of 4 and Olympic and built a body shop. 5 Walker Brothers? 5 Q. So was the body shop moved from each location, 6 A . The m ain p a rt o f it w as on O lym p ic B oulevard. 6 or did you have several different body shops? 7 Q. Okay. And you say "the main part of it." Was 7 A No. 8 it a multi-type place? Did they have more than just - 8 Q. So the body shop went from one location to the 9 W hat did Walker Brothers do, for instance? 9 next and then to the final one in 1963? 10 A. Well; at that time they were a Nash Motors 10 A Correct 11 franchise dealer. 11 Q. Did it - did it remain in that configuration 12 Q. So they were a dealership. Okay. So you sold 12 until its closing or did it expand again? 13 cars? 14 A. Cars w ere sold there. 13 A No, that was i t fu Q. What year did it close, did Walker Brothers 15 Q. Okay. And when you first started there in 15 close? 16 1946, what was your capacity? 16 A We gave up tire franchise in 1992 - 17 A. I w ent to w ork in the service station. They S? Q. Okay. 18 had a service station. 18 A - June 1st o f '92, but we actually closed the T9 Q. Okay. So did Walker Brothers have anything 19 business in Jufy 1st, o r June 30th, of '93. 20 other than a showroom, if you will, and a service 20 Q. Okay. So other than'the body shop moving, did 21 station? 21 any other departments move? 22 A, They had a full array o f repair -- 22 A No. 23 Q. Okay. 23 Q. What filfed the locations? For instance, in - 24 A. - shop. 24 the location when it moved from 1955 to - on Olympic to 25 Q. So it had a showroom? 25 1955. what filled that location from when it moved? Did Page 13 Page 15 1 A Showroom. 1 it shut down or did - 2 Q . And sort of a mechanical and engineer -- 2 A That was leased property. So we had nothing to 3 mechanic department -- 3 do with th a t 4 A Yes. 4 Q. So you gave up that property. 5 Q. - to fix engines and such? 5 A We gave up the lease on -- on Western Avenue. - Did it have a body shop? 6 Q. Okay. AndThen when you went to the southeast 7 A. Yes. 7 corner in `63, did you give up that property or did you 8 Q. Okay. 8 keep that? 9 A That was at a different location. 9 A No. We ju st expanded the repair facility 10 Q. Okay. And where was that-location? 10 there. 11 A 1006 South Western. 11 Q. So you were on three different comers there. 12 Q. Okay. How far was that away' from the showroom, 12 A Actually, we were on - 13 location? 13 Q. One comer -- 14 A A few hundred yards. 14 A - four. 15 Q. Okay. And how long did Walker Brothers remain 15 Q. Okay. Fouroorners. Okay. 16 in that configuration? 16 Did your office - well, let me start over. 17 A. 1would say till the mid fifty - mid '50s. 17 In 1946, you started there at the servioe 18 Q. Okay. And in the mid 1950s,_how did the 18 station. 19 configuration change? 19 A Correct 20 A They acquired the-property on the northeast 20 Q. After 1946, did you move up in the ranks? Did 21 quadrant o f Olympic and Oxford, and built a body shop 23 your job title change? 22 and a repair shop. 22 A Yes. I moved down to ihe 1006 South Western 23 Q. So they built a new body shop in the mid '60s. 23 address. 24 A (Witness nods head.) 24 Q. Okay. And --artd what did you do at that 25 Q. And how long did that configuration last? 25 address? Page 14 Page 16 4 (Pages 13 to 16) TOOKER & ANTZ COURT REPORTING & VIDEO SERV ICES (415) 392-0650 DOUGLAS DIDRIKSEN - June 7, 2011 1 Q. Okay. And can you - you said it was multi - 1 2 A. Well, they'd put a coat o f primer on and sand 2 3 it down; put another coat of primer on and sand it down. 3 4 It was a multistep process. <3 5 Q. Okay, Did anything - in your observations, 5 6 did anything get applied to the primer before the paint? 6 7 If there was a dent in the car, for example. 7 8 A rm not aware o f th a t 8 9 Q. Okay. Well, you said Bondo. Did you ever see 1 9 IQ any of that material applied to a car? 10 11 A Yes. 11 12 Q. Okay. Was that applied before or after the 12 13 primer? 13 14 A Before. 14 15 Q. Okay. And how was that applied? 15 16 MR. RUIZ: Objection. Lacks foundation. 16 17 THE WITNESS; Generally speaking, with a spatula. 17 18 BY MR. SULLIVAN: 18 19 Q. Okay. And did they prime over that right after 19 20 or - what was the next step after they would apply a 20 21 coat of Bondo? 21 22 ' MR. RUIZ: Same objections. 22 23 THE WITNESS: Well, it had to dry completely, and 23 24 then they would either file it down with a body-file or 24 25 a grinding wheel. 25 Page f!T Q. So if you can, can you explain, if you know -- Weil, for instance, after Mike Michaeis would make an order of what he needed for the body shop, where would that order go? MR. PARTOS: Objection. Leading, no foundation, calls tor speculation. THE WITNESS: In most cases Mike Michaels would not order the material. BY MR. SULLIVAN: O. Okay. A. The painter and the body men had been with us a long time, would call in the order themselves and even write the purchase order. Q. Is that how things were normally done: they would be phoned in or they'd write their own purchase orders? A. They would call in, yeah. Q. Okay. And at Walker Brothers, whose responsibility was it to pay the bills in the 1950, '60s, and 70s? MR. PARTOS: Same objections. Calls for speculation, no foundation. BY MR. SULLIVAN: Q. You were -- you were general manager of the shop, right? Page 47 i BY MR. SULLIVAN: 1 A. Not totally. 2 Q. Okay. And your observations in the '60, 70s, 2 Q. Not totally. But did you know where the bills 3 and '80s, did -- did sanding down the material create 3 went for the body shop orders? 4 dust? 4 A. From about 1960 on. 5 MR. RUIZ: Objection. Calls for speculation. 5 Q. Okay. Let's just talk about that time frame. 6 -T H E WITNESS: What? 1didn't understand that. 6 then, And when the bills came in, who did they go to? 7 MR. RUIZ: Assumes facts. 7 A, They would go to our office, 8 BY MR. SULLIVAN: e Q. -Okay. 9 Q. Did sanding down - did sanding down the primer 9 A. The main office. 10 material create dust? 10 Q. So did you ever have an opportunity to see the 11 MR. RUIZ: Calls for speculation, assumes facts, 11 bills? 12 vague, ambiguous, overbroad. 12 -A. Yes. 13 MR. PARTOS: Also leading. Ill join the other 13 Q. Okay. Did you ever see any bills from 14 objections. 14 Thompson? 15 MS. FINATERf SILBIGER: And compound. 15 A. Yes. 16 BY MR. SULLIVAN: 16 Q. Okay. And who was responsible for signing the 17 Q. Do you recall if the process created dust? 17 checks to pay Thompson? 18 MR. RUIZ: Same objections. 1J3 MR. PARTOS: Objection. Calls for speculation, no 19 THE WITNESS: Yes. 19 foundation. 20 BY MR. SULLIVAN: 20 MS. FINATERI SILBIGER: Overbroad as to time. 21 Q. Did it create dust when they sanded down the 21 THE WITNESS: it varied from time to time. At times 22 primers? 22 I was the one that signed the checks. 23 MR. RUIZ: Same objections. 23 BY MR. SULLIVAN: 24 THE WITNESS: No. 24 Q. Okay. So during that time frame, the `60s, 25 BY MR. SULLIVAN: 25 '80s, 70s, you recall making payment to Thompson Page 46 Page 48 12 {Pages 45 to 48) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 DOUGLAS DIDRIKSEN - June 7, 2011 1 BY MS. JOHNSON: 1 MR. PARTOS: Objection. Calls for speculation, no 2 Q. You may answer. 2 foundation. 3 A. No. 3 BY MS. JOHNSON: 4 Q. Do you have any knowledge that Mr. Rubino 4 Q. The question is: Do you know who supplied the 5 worked with or around a product manufactured. 5 generic Bondo that Mr. Rubino worked with at the 6 distributed or supplied by Mar-Hyde Corporation? 6 location where you worked with him, Walker Brothers? 7 MR. SULLIVAN: Same objection. 7 A, We had tw o suppliers, it was one o f the two 8 BY MS. JOHNSON: 8 suppliers. 9 Q. You may answer. 9 Q. Which are the two suppliers or what are their 10 A. No. 10 names? 11 Q. Have you heard of a company named Bondo, 11 A. Keller Paint and Thompson Paint. 12 hyphen, Mar-Hyde Corporation? 12 Q. Do you know the ingredients of the Bondo 13 MR. SULLiVAN: Same objection. 13 product that Mr. Rubino worked with? 14 !`mjust going to have that continued. 14 A. No. IS BY MS. JOHNSON: 15 Q. Do you know whether the Bondo product that 16 Q. You may answer, 16 Mr. Rubino worked with contained asbestos? 17 A. I'm familiar with Bondo. I'm not familiar with 17 MR, SULLIVAN: Objection. Lacks foundation, calls 18 the other-terms. 18 for speculation. IS Q. Okay. So youYe familiar with Bondo, but 19 THE WITNESS: I've been told it did. 20 you're not familiar with a company named Bondo-Mar-Hyde 20 BY MS. JOHNSON: 21 Corporation. Is that correct? 21 Q. Who told you it did? 22 A. Correct, 22 A 1can't recall th a t i think it's common 23 Q. And are you familiar with the word Bondo - 23 knowledge. 24 because you testified earlier that il was used in the 24 Q. While you worked at - 25 place of lead as an aulo body filler at the auto body 25 Is it Tucker Brothers? Page 57 Page 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 rr3 20 21 22 23 24 25 shop. 1 A Correct. 2 Q. Do you consider Bondo to be a generic name of a 3 product similar to Kleenex is to tissue or Q-tip is to 4 cotton swab? 5 MR. SULLIVAN: Objection. Foundation, callsior 6 speculation. 7 BY MS. JOHNSON: Q. You may answer. 9 A Yes. 10 Q. Do you know who manufactured Bondo? 11 A No. 12 Q. What color was Bondo? 13 A Light gray. 14 Q, And what was the consistency? 15 A 1would say it was a paste to begin with, and 16 as it dried and was worked to smooth out, it became a 17 penetrating d u s t 18 Q. Did you ever see Mr. Rubino work with a Bondo 19 product? 20 A Yes. 21 Q. How many times? ; 22 A. Many. 23 Q. Do you know who supplied the Bondo product that 24 Mr. Rubino worked with? 25 Page 58 MR. SULLIVAN: Walker. BY MS. JOHNSON: Q. I'm sorry. While you worked at Walker Brothers, were you ever told that the Bondo product that Mr. Rubino worked with contained asbestos? A 1don't recall Q. Do you-recall who told you that Bondo contained asbestos? MR. SULLiVAN: Asked and answered. THE WITNESS: 1do not. BY MS. JOHNSON: Q. And when you say llsroommon knowledge, do you know the source of your information that you believe Bondo contained asbestos? A Hearsay, 1believe, i guess, i - 1don't remember. Q. Okay. MR. SULLIVAN: Move to strike. BY MS. JOHNSON: Q. Do you know if the Bondo product Mr, Rubino worked with contained talc? MR. RUIZ: Lacks foundation. THE WITNESS: I'm sorry. 1didn't understand that. BY MS. JOHNSON: Q, Do you know - excuse me - whether or not the Page 60 15 (Pages 57 to 60) TOOKER & ANTE COURT REPORTING & VIDEO SERVICES (415) 392-0650 DOUGLAS DIDRIKSEN - June 7, 2011 1 Bondo product that Mr. Rubino worked with contained 2 talc, t-a-l-c? 3 MR. RUIZ: Objection. Lacks foundation, assumes 4 facts, calis for speculation. 5 THE WITNESS: Weil, the dried residue looked like 1 at Walker Brothers? 2 A. Not to my knowledge. 3 Q. When Mr. Rubino worked with Bondo and he sanded 4 it, he always wore a mask. Is that oca-red? 5 MR. SULLIVAN: Objection. Assumes tads. 6 tateum powder, but whether it contained talc, 1have no 6 THE WITNESS: He should have. 1don't know whether 7 idea. 8 MS. FINATERI SILBtGER: Move to strike nonresponsive 7 he did. 8 BY MS. JOHNSON: 9 portions. 9 Q, Did Walker Brothers have a policy - ID MR. PARTOS: Join. 10 A. Yes. 11 BY MS. JOHNSON: 11 Q. - f o r i t s - 12 Q, Did the Bondo product that Mr. Rubino worked 12 Let me finish the question, please. 13 with have a smell to it, If you remember? 13 Did Walker Brothers - . 14 A. Not to my remembrance. 14 A. We furnished the masks. 15 Q. Did you ever see the packaging? 15 Q. Let me get this out. 16 A. The cans that it came in is all i ever saw. 16 Walker Brothers had a policy that its employees 17 Q. Metal cans? 17 working with Bondo, sanding Bondo, must have worn masks 18 A. i believe they were. 18 during sanding, corned? 19 Q. Can you describe for us the size of the metal 19 A. Right. Correct. 20 cans? 20 Q. What type of mask? 21 A. Probably a quart can, 1would say. 21 A. I'm sorry? 22 Q. Did you only ever see Bondo packaged in quart 22 Q. What type of mask? 23 metal cans? 24 MR. SULLIVAN: Objection. Foundation. 23 A. A heavy-weight paper with a filter, as 1 24 recall. 25 BY MS. JOHNSON: 25 Q. Do you know who manufactured the mask? Page 61 Page 63 1 Q, You may answer. I'm sorry? 1 A, 1do not. 2 A. That would be my guess. 2 Q. Are these disposable paper masks? 3 MR. SULLIVAN: Move to strike. 3 A. Yes. 4 BY MS. JOHNSON: 4 Q. Was the filter removable and interchangeable or 5 Q. Did you see any writing on the containers of 5 would you just dispose the whole mask and get a new one? 6 Bondo used at Walker Brothers by Mr. Rubino? 6 A. The whole mask was disposable. 7 A. 1didn't understand that. 7 MR. SULLIVAN: Also going to object vague as to 8 Q. Did you see any writing on the quart metal cans 8 time. 9 used by Mr. Rubino at Walker Brothers? 9 BY MS. JOHNSON: 10 A. -f-dont recall. 10 Q. Do you know why Walker Brothers had a policy 11 Q. Do you recall any symbols, logos, abets. 11 for its employees to wear masks during sanding? 12 anything of that nature on the quart metal cans used by 12. MR. SULLIVAN: Objedion. Vague as to time, 13 Mr. Rubino? 13 foundation, compound. 14 A. No. 14 BY MS. JOHNSON: 15 MR. SULLIVAN: Objection. Foundation. 15 G. You may answer. 16 BY MS. JOHNSON: 16 A, If was common sense as far as 1was concerned. 'll Q. What was Bondo used for at Walker Brothers? 17 Q. But other than common sense, was there a reason 18 MR, SULLIVAN: Objection. Asked and answered. 18 why Walker Brothers had a policy fonts employees to 19 THE WITNESS: To fill indentations in the metal so 19 wear a mask while sanding? Was it for safety? 20 that it could be sanded down and appear to be smooth. 20 A. It was for the employee's safety. 21 BY MS. JOHNSON:- 21 Q. 1have a few more company names to go over with 22 Q. Anything else? 22 you. The next one is Dynalron Corporation. 23 A. Pardon? 23 Have you ever heard of a company named Dynatron 24 Q. Anything else it was used for? Was Bondo used 24 Corporation? 25 for anything else other than to fill metal indentations 25 A. How do you spell that? Page 62 Page 64 16 (Pages 61 to 64) TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 DOUGLAS DIDRIKSEN - June 7, 2011 1 Tooker & A ntz, 350 Sansom e Street, Suite 700, 2 San Francisco, C alifornia 94104; phone num ber 3 (415) 392-0650. 4 O ff the record at 6:18 p.m. 5 (At 6:18 p.m., the deposition concluded.) 6 7 8 9 DOUGLAS DIDRIKSEN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 169 1 STATE OF CALIFORNIA ) 2 } ss. 3 COUNTY OF ORANGE ) 5 ! hereby certify that the witness in the 6 foregoing deposition, DOUGLAS DIDRIKSEN, was by me duly 1 sworn to testify to the truth, the whole truth, and 8 nothing but the truth, in the within-entitled cause; 9 that said deposition was taken at the time and place 10 herein-named; that the deposition is a'irue record of 11 the witness's testimony as reportedrijyme, a duly 12 certified shorthand reporter and a disinterested person, 13 and was thereafter transcribed into typewriting by 14 computer. IS 1further certify that 1am not interested in 16 the outcome of the said action, nor connected with, nor 17 related to anymf the parties in said action, nor to 18 their respectivencounset. 19 IN WITNESS WHEREOF, 1have havramo set my hand 26 this 16th day of June, 2011. 21 22 23 k \ $ /U u o ( l- 24 MELANIE A. VIZENOR, CSR 4026 25 STATE OF CALIFORNIA Page 170 43 (Pages 169 t o 170) TOORER & ANTZ COURT REPORTING & VIDEO SERVICES (415) 392-0650 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "LL" 24 25 26 27 28 1 GLYNN & FINLEY, LLP ANDREW T,MOR.TL, BarNo. 177876 2 RUTA PASKEV1C1US, BarNo. 127784 One Walnut CreekCenter 3 100 PringleAvenue, Suite500 WalnutCreek,CA 94596 4 Telephone: (925)210-2-800 Facsimile: (925) 945-1975 5 Attorneys for defendant 6 E,I,duPontdeNemours andCompany 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 10 1] 12 13 IN RE: COMPLEX ASBESTOS LITIGATION 14 15 16 ) Case No. 828684 ) ILL D PONT DE NEMOURS AND ) COMPANY^ SUPPLEMENTAL ) RESPONSES TO STANDARD ) INTERROGATORIES PURSUANT ) TO GENERAL ORDER 129 17 Ig PREFACE - 19 GeneralOrder129providesthatresponsesaretobemade "withoutobjection 2Q exceptfortheassertionofaclaimofprivilege." Thisshallnotbeconstruedasawaiverofany 21 objectionwhichwouldbeapplicabletoanyinterrogatory. We reservetherighttomakeanyand 22 ailsuchobjectionsattrial,orinanyotherproceeding. DuPontspecificallyobjectstotheextent 23 theinterrogatoriesarevagueandambiguousandcallforinformationprotectedbytheattorney- 24 client,work-product-ortradesecretprivilege, E.I.Du PontdeNemours andCompanyresponds 25 tothisdiscoverywithrespecttoitself,andnotwithrespecttoanyentitieswhichmay belegally 26 separateanddistinct Thefollowingresponsesarebeingprovidedinconnectionwith.ameetand 27 confer agreement with plaintiffs' counsel toprovide information in response loInterrogatoryNo. 28 31 regarding automotive refmishing products with respectto the 1952-1984 timeperiod, - 1" DuPont's Suitlemental Responses to General Order 129 Interrogatories Defendant's review ofitsfiles and records is continuing, as isdiscovery. Defendant reserves the rightbutundertakesno dulytomake changesinitsresponsesortopresentnew and additional informationattrialoranyotherproceeding. Notwithstandingandwithoutwaivingany objections, defendant responds: InterrogatoryNo. 31: IfyouranswertoanysubpartofInterrogatoryNo.31 regarding"ASBESTOSCONTAINING PRODUCTS" isintheaffirmative,state: A- Thetrade,brandname,and/orgenericname ofeach suchASBESTOSCONTAINING PRODUCT MARKETED inanyformorquantitybetween1930 and 1985; B. Thedate(s)eachsuchASBESTOS-CONTAINING PRODUCT was firstplaced ontiiemarket,includingtbedafe(s)eachsuchASBESTOS-CONTAINING PRODUCT was firstMARKETED; 1. On an experimental basis; 2. On atostbnsts;or 3. Forsale. C. Thedale(s)eachsuchASBESTOS-CONTAINING PRODUCT: 1. Ceased tobe produced; or 2. Was recalledfromthemarket,ifever. D. A detaileddescriptionofthechemicalcompositionofeachsuchASBESTOSCONTAINING PRODUCT, includingthetypeand/orgradeofasbestosand/or asbestos fiber contained in each such product and the quantitative percentage of asbestosorasbestosfiberineachsuchproduct,and allnonasbeslos.components oftheASBESTOS-CONTAINING PRODUCT, andifthechemicalcomposition changed overtime,theinclusivedatesofeachformulation; E. A descriptionofthephysicalappearanceandnatureofeachsuchASBESTOSCONTAINING PRODUCT, includinganycolorcoding,distinctivemarking and/orlogo, eitheron tbeproduct or on thepackaging; -2 BuPO N T'S SUPPLEMENTAI. RESPONSES TO GENERAL ORDER 129 INTERROGATORIES 1 F. A detaileddescriptionoftheintendeduseofeachsuchASBESTOS- 2 CONTAINING PRODUCT, includinganytemperaturelimitsforeachsuchuse; 3 G. WhetheranysuchASBESTOS-CONTAINING PRODUCT wasontheU.S, 4 Government's "QualifiedProductsList,"andifso,theinclusivedatesitwas on 5 suchlist; 6 H. Thename andaddressofthesupplieroftheRAW ASBESTOS usedineachsuch ? product and the time period of such supply; 8 I. WhetheranyofTHIS DEFENDANT'S RAW ASBESTOS OR ASBESTOS- 9 CONTAINING PRODUCTS have,atanytime,beensold,shipped,orotherwise 10 distributedtoanyCOMPANY (includingpowercompany orutility), 13 governmental agency or entity, shipyard, distributor, refinety, contractor, supplier, 12 manufacturer,PREMISE owneroroccupant,shipowner,orotherPREMISEor 13 siteintheGEOGRAPHIC AREA, Ifso,state: 14 1, ThenamesofeachsuchCOMPANY,governmentalagencyorentity, 15 shipyard, distributor, supplier, manufacturer, refinery, contractor,. 16 PREMISE owneroroccupant,shipowner,PREMISE orsite; 17 2, The inclusivedates ofeach such sale, shipment, distribution, use or 18 installationandtheamount (volume) and thetradeorbrandname ofeach 19 suchASBESTOS-CONTAINING PRODUCT sold; 20 3, Whether you have any records indicating any such sale,shipment, 21 distribution,useorinstallationand,ifso,thename, addressandjob 22 classificationofeachpersonwho currentlyhaspossessionofsuchrecords. 23 J. Either(I)attachallDOCUMENTS evidencingtheinformationsoughtinthis 24 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach 25 diskscontainingsuchdata,or(3)describesuchDOCUMENTS withsufficient 26 particularitythattheymaybemade thesubjectofarequestforproductionof 27 documents. 28 ResponsetoInterrogatory'No. 31: ___________________________ -3- _____________________ D uPont' s Supplmentai.responses to C bneralOrder 129 I nteruogatoums 1 Defendant incorporates herein theabove Preface. Withoutwaiving any objections, based 2 oncurrentinvestigationregardingautomotiverefmishproductshorn1952to1984,and 3 responding-astoallofDuPont: 4 A, DuPont'sinvestigationtodateindicatesthatitsautomotiverefinishproductsdid 5 notcontainasbestosasaningredient. Availabledocuments(DUP 0993179- 6 0903180 andDUP 0903196) indicate,however,thatinApril 1973,when 7 sanded,theprimerproductmown as65-LinoPreparakotereleaseddustwhich 8 may havecontainedatraceamountofasbestosfiberpresentasanaturally 9 occurring contaminant ofthetalccontained in theproduct, DuPont has not 10 located any information that its Preparakote primer product released asbestos 11 fiber at any other time in itsexistence, or in any otherformulation. Discover}' is 12 continuing. 13 B, ThePreparakotelinewasfirstmarketedin1938. DuPontcurrentlyhasno 14 informationregardingwhen65-J,jnePreparakotewas firstmarketed.Discovery 15 is continuing. 16 C, DuPontcuirentiyhasnoinformationregardingtheformulationofthe65-Line 17 PreparakotethatwastestedinApril 1973, theresultsofwhicharedescribedin 18 thedocumentsreferencedin.subpartA above. Preparakoteprimerscontinuedto 19 be manufactured throughout the time period atissue. Discoveryiscontinuing, 20 D, With respecttothePreparakote product tested and referenced in subpartA, 21 above, DuPont currently has not located any information of the type requested by 22 thissubpartD, otherthan-theinformationthatisprovided bythereferenced 23 documents. ThePreparakotelinewasgenerallyasynthetictypelineofprimer- 24 surfacers, Discover}' iscontinuing, 25 E, Preparakote was generally a synthetictype lineofprimer-surfaceravailablein 26 quartandgalloncanshearingtheDuPontnameandtrademark. 65-Line 27 Preparakotemay alsohavebeensoldindiptanks. Foratleastsomeportionof 28 thetime,and foratleastsomePreparakoteproducts,theproductwasred -4- D uPONT'S SlIPPL.RMKNVAl, RESPONSES TO GENERAL. OR HER 129 INTERROGATORIES 1 2 3 4 5 6 F. 7 8 9 10 G. 11 12 H. 13 34 L 15 16 17 18 19 20 21 .1. 22 23 24 25 //// 26 HU 27 //// 28 HU oxide/rust-colored. DuPont does not currentlyhave information astowhether this was true regarding 65-Line Preparakote, and whether this was tine during the entirerelevantperiod. DuPontcurrentlyhasnootherinformationregardingthe physical appearance ofthisproductduring therelevanttime period, Discovery is continuing, ThePreparakotelinewas generallyasynthetictypeLineofprimer-smfacerfor use under Lucite and Dulux finishes, for finishing and refinishing automobiles and commercial vehicles, DuPont has notbeen able tolocate information regardingtemperaturelimitsforthisline. Discoveryiscontinuing. To DuPont'sknowledge,65-LinePreparakotewasnotontheU.S,Government's "Qualified Products List." DuPontdidnotpurchaseRAW ASBESTOS forusein65-LinePreparakote,and therefore this interrogatory is not applicable. DuPont does nothave informationresponsive tothisinterrogatoryregarding 65Line Brepai'akotc during 1973 or during therelevant time period. DuPont does nothave information responsivetothisinterrogatoryregardingthePreparakote linegenerally duringtherelevanttime period. 65-Tine Preparakote was presumably sold, shipped, or otherwise distributed aspartofDuPonf s automotive refinishing products to various distributors, but DuPont does not have any sales records from the-relevanttirae period. Documents regarding 65-Line Preparakote have been produced as pari of DuPont'scorporatecollectionofdocumentsasDUP 0903179-0903180(4/4/73 memo fromThomasNelsontoE.E.Swain,Jr.)andDUP 0903196(memofrom E.E. Swain to LA. Lapp, Jr.),Discovery iscontinuing. -5- DUPONT'S SUrPLEMENTAU RESPONSES TO GUNKRAt. ORDKK129 INTEBROOATOIUES I GLYNN & FINLEY,LLP 2 ANDREW T.MORTL RUTA PASKEVICUS 3 JON ELDREDGE One Walnut Creek Center 4 100 PringleAvenue, Suite500 WalnutCreek,CA 94596 5: 6' 7 Attorneys for defendant E. L du Pont doNemours and Company 8 9 10 il 12 i 3 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 Dupont's Suppucmental.Responses to General Order 129 Fnteimogatorus i GLYNN & FINLEY,LLP ANDREW T.MORTLBarNo, 177876 RUTA PASKEYICIUS,BarNo. 127784 One WalnutCreekCenter 100 Pringle Avenue, Suite $00 WalnutCreek,CA 94596. Telephone: (925)7.10-2800 Facsimile; (925)945-1975 Attorneys for defendant E. I. du Pont de Nemours and Company SUPERIOR COURT OF THE STATE OF CALIFORNIA INAND FOR THE CITY AND COUNTY OF SAN FRANCISCO INRE: COMPLEX ASBESTOS LITIGATION ) 3L.LMJ PONT PE NEMOURS AND ) COMPANY'S SUPPLEMENTAT, ) RESPONSES TO STANDARD ) INTERROGATORIES PURSUANT ) TO GENERAL ORDER 129 ) ) 3 VERIFICATION STATE OF DELAWARE ) ) ss: COUNTY OF NEWCASTLE ) I, . Lia a th /?/ff c . / O f Z . herebycertifythefoh.ow.ing: (1) J.am AssistantSccrotaryofE,I,duPontdeNemours and-Company,b corporation, (2) Iam authorizedtoexecutethisverificationonbehalfofE,I.duPontdeNemours andCompany. (3) thatthefactsstatedintheforegoingDefendantE.L duPontdeNemours and Company's Supplemental Responses to Standard Interrogatories Pursuant to Genera! Order 129 have been assembled by authorized employees and the attorneys ofE.I.duPontdeNemours and Company, (4) thatcertainofthemattersstatedthereinarenotofinypersonalknowledge,and (5) thatIam informedandverifythatthefactsstatedtherein,aretrueandcorrecttothe bestofmy informationandbelief, , I declare under penaify of perjury that the foregoing is true and correct. E.I,DU PONT DENEMOURS AND COMPANY Swornandsubscribedtobeforeme tins (* ^ day of ,2010, Notary Public in and for the State of Delaware MARIE S. MANUEL NOTARY PUBLIC STATE OF DELAWARE My cowmleston expires Feb. 7,2012 I DocketNo. 828684 PROOF OF .SERVICE BY ELECTRONIC TRANSMISSION 3 I, Beverly Carter, the undersigned, declare; 4 1. iam, and was atdie time ofservice ofthe documents herein referred to, 5 overdie-ageof18years,andnotapartytotheaction; 6 2, ram employed intheCountyofContraCosta,California; 7 3. IvtybusinessaddressisOneWalnutCreekCenter, 100PringleAvenue, 8 Suite500,WalnutCreek,CA 945%. 9 4, On thodateexecutedbelow,1electronicallyservedthedocumentvia 10 LcxisNexis File& Serve described as: 11 1U. HiPONT PB iS'BMOHRS AND-COMPANY'S 'STrjTI,.EMBMTAl/ttS&Pt^ST5^T(^f-'rANDA'RD 12 INTERROGATORIES PURSUANT TO GENERAL ORDER 129 13 on (herecipients designated on theTransaction Receipt located on dieLexisNexisFile & Serve L4 website, 15 T declare under penalty of perjury pursuant-to the laws of the State of California 16 thattheforegoingishueandcorrect. Executedon thisMl day ofAugust.2010atWalnut 17 Creek, California. -18 W j^ X U jQ d G ^ fe \N 2 Beverly Carter ^ 21 22 23 24 25 26 27 28 - IPROOF OF SERVICE BY ELECTRONIC TRANSMISSION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT "MM" 24 25 26 27 28 E. I. du P ont a t N emours & C ommkv r*fiJ0S * ftmtHzS OCM-RT***? CCi R* S. Dem, Mar- U b. g. g . SWN, JR. Marshall RAO labomtom April 4, 1973 W ILM IN G T O N 65-UNE PREPARAKOT S SANDING DUST Attached is 0 summery of the experiments I performed to determine the wno of airborne asbestos in sanding dost from 65 -Line Preperefcoroft. The level, in genera!, is within 3974 OSHA standards for asbestos {2 fibers,longer then mieroru - time weighted ovcroge). Unanswered still are: s The amount of encapsulated asbestos in the respirable dust The effect of the encapsulated asbestos an the lung tissue. '4' do not imow how to determine the amount encapsulated - ana sues* - would put the rrexm as the preportion of tale and asbestos ta the point sotids .'''However, the eraount is going te b less than thot since w* do not count fibers less than m'cro.-a In length end s sign!ficont port of the reipiroble dust would be lest then 5 microns In diameter. If we con be of further help, p!ose contact me. ' ,, tjsm p 4 /4 /7 3 ATTACH, PROCESS CHEMISTRY SECTION MANUFACTURING SUPPORT GROUP m /'u fe ttr ^ t fw t THOMAS J NELSON SUMMARY SANDING SAMPLES ^1 - Token ot rafinUH training center wHila operotor tending fender. Asbeite* - 2 .3 fibers/mi* {7 ilbarc/IOQ field} *2 Token while sanding panel* laying flat on bench fop. Filter *XJI 6 Inches to the tide end 2 inches up frombench. 80% of df particles flowed btlow filter. Aibestes - 1 . 8 flbera/ml. (2 FTben/50 field*} *3 - token while landing on bench top. Filler 3-4 Inch above tender. Aibcitoi - 3.2 Fibent/inl* (3 fibert/50 field*) " NOTH: 1978 OSHA limit is 2 fib eri/m l., In sample *1 8 ho; lending at thW level would meet the 2 fiber limit and ^ 3 - 5 hoyn, Semple f 3 wet probefcly higher in duit tKon operator would receive since the tenpie wc: close to source, in both coses - sending for longer than 5 hour* would be unlikely in c reFmijh Hep. jr* * oo4 S i 116989