Document RaVOkBz0apvJQR39MLg9XDn0X

1 JENNIFER KUENSTER, State Bar No. 104607 THELEN, MARRIN, JOHNSON & BRIDGES LLP 2 Two Embarcadero Center, Suite 2100 3 San Francisco, California 94111 Telephone: 4 (415) 392-6320 5 Attorneys for Defendant SEQUOIA VENTURES INC. 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 12 13 IN RE: 14 COMPLEX ASBESTOS LITIGATION 15 16 NO. 828684 SEQUOIA VENTURES INC.'S RESPONSES TO PLAINTIFFS' STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER 12 9 17 18 INTERROGATORY NO . 1 - 19 IDENTIFY the person verifying these answers on YOUR behalf. 20 RESPONSE TO INTERROGATORY NO. 1; 21 Richard Pugliese. 22 INTERROGATORY NO. 2: 23 State" the date of first employment with YOU, and the dates and 24 titles of each job position the person verifying these 25 interrogatories has held while employed by YOU. 26 RESPONSE TO INTERROGATORY NO. 2: 27 Mr. Pugliese was first employed in May 1989. 1 Mr. Pugliese assumed his current position of Senior Paralegal in 2 September, 1992. 3 INTERROGATORY NO. 3: 4 State whether or not YOU are a corporation, and if so, 5 state: 6 A. YOUR correct corporate name; 7 B. YOUR state of incorporation; 8 C. The date of YOUR incorporation; 9 D. The address of YOUR principal place of business; 10 E. Whether or not YOU have ever held a certificate of 11 authority to do business' in the State of California, and if so, the 12 inclusive dates of any certificate; 13 F. If YOU are wholly owned or the majority interest of 14 YOUR company is owned by another business entity, state the entity's 15 name and principal place of business; 16 G. Whether YOU have any business offices in 17 California, and, if so, YOUR principal place of business in 18 California. 19 RESPONSE TO INTERROGATORY NO. 3: 20 Yes. 21 a. Sequoia Ventures Inc. ("SVI"). 22 b. Delaware 23 c. September 10, 1945 24 d. 50 Beale Street, San Francisco, CA. 25 e. At all relevant times, SVI has had a certificate of 26 authority to do business in this state. 27 f. Not applicable. -2- 1 g. See (d) above. 2 INTERROGATORY NO. 4: 3 Have YOU ever been identified, known, or done business under 4 any other name in the State of California? 5 RESPONSE TO INTERROGATORY NO. 4: 6 Yes. 7 INTERROGATORY NO. 5; 8 If your answer to Interrogatory No. 4 is in the affirmative, 9 please state such name or names and the time period during which 10 THIS DEFENDANT was so known or identified. 11 RESPONSE TO INTERROGATORY NO. 5; 12 September 10, 1945 - January 2, 1947: Bechtel Brothers 13 McCone Company; January 2, 1947 - January 2, 1980: Bechtel 14 Corporation. 15 INTERROGATORY NO. 6: 16 If YOU are not a corporation, what is YOUR business structure 17 (partnership, joint venture, sole proprietorship, etc.). 18 RESPONSE TO INTERROGATORY NO. 6: 19 Not applicable. 20 INTERROGATORY NO. 7: 21 If YOU are not a corporation, please IDENTIFY all persons or 22 other entities with an ownership interest in YOU. 23 RESPONSE TO INTERROGATORY NO. 7; 24 Not applicable. 25 INTERROGATORY NO. 8; 26 If you are not a corporation, please state the following: 27 A. The address where the HISTORICAL RECORDS of THIS -3- 1 DEFENDANT are currently located; and 2 B. The name, job title and current address of the 3 Custodian for THIS DEFENDANT'S HISTORICAL RECORDS. 4 As used herein, "HISTORICAL RECORDS" shall include all 5 DOCUMENTS relating to the formation of THIS DEFENDANT, all minutes 6 of partners', general partners','or other owners' meetings, and all 7 DOCUMENTS relating to THIS DEFENDANT'S merger with, acquisition of 8 or purchase, or sale of or by any other COMPANY. 9 RESPONSE TO INTERROGATORY NO. 8: 10 Not applicable. 11 INTERROGATORY NO. 9: 12 IDENTIFY YOUR custodian of Business Records. 13 RESPONSE TO INTERROGATORY NO. 9; 14 Requests for records can be made to counsel for 15 Defendant. 16 INTERROGATORY NO. 10: 17 IDENTIFY the person or persons most knowledgeable about: 18 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS 19 CONTAINING PRODUCTS; 20 B. YOUR use of RAW ASBESTOS and/or ASBESTOS CONTAINING 21 PRODUCTS; 22 C. YOUR contracting with others to do work involving 23 use or handling of RAW ASBESTOS or ASBESTOS CONTAINING PRODUCTS. 24 RESPONSE TO INTERROGATORY NO. 10: 25 Defendant has conducted a reasonable search and diligent 26 inquiry and determined that there is no current employee with 27 personal knowledge regarding Defendant's use, acquisition or -4- 1 contracting with others to do work involving the use or handling of 2 asbestos-containing products. 3 INTERROGATORY NO. 11: 4 For DEFENDANTS involved in the MARKETING of ASBESTOS5 CONTAINING PRODUCTS, state the IDENTITY of physicians, medical 6 directors and/or industrial hygienists employed by YOU during the 7 time frame or prior to the time YOU discontinued the marketing of 8 such products. All other DEFENDANTS need only respond as to medical 9 directors and/or industrial hygienists or physicians employed in the 10 area of employee health and safety. PREMISES owners and domestic 11 corporations need only respond-as to the United States. 12 RESPONSE TO INTERROGATORY NO. 11: 13 James Christiansen (deceased); Robert Allbaugh 14 (deceased) ,- Richard Boley, 4533 Tuolumae Way, Concord, California; 15 and Jim Kegebein (address unknown). 16 INTERROGATORY NO. 12; 17 Has any employee of THIS DEFENDANT testified by deposition or 18 at trial on behalf of THIS DEFENDANT in a third-party case, in which 19 THIS DEFENDANT was a party, wherein the plaintiff has alleged an 20 asbestos-related injury? If so, for each such third-party case 21 (except that Premises Defendants and Contractor Defendants need 22 answer only with respect to cases relating to sites within the 23 GEOGRAPHIC AREA) please state: 24 A. The caption and case number; 25 B. The court filing including state and county; 26 C. The date of deposition or trial testimony; D. The name and address of plaintiffs counsel of -5- 1 record; 2 3 RESPONSE TO INTERROGATORY NO. 12: 4 a. Richard Pugliese in the following cases: 5 1. Alice Battistessa. SF No. 966343, Brayton, 6 Harley, Curtis. 7 2. Harold Dennis. SF No. 943238, Brayton, Harley, 8 Curtis. 9 3. Barney Dye. SF No. 966343, Wartnick, Chaber, 10 et al. 11 4. Harry Flynn. SF No. 974994, Wartnick, Chaber, 12 et al. 13 5. Angelo Viale, SF No. 965247, Wartnick, Chaber, 14 et al. 15 b. Elizabeth Faxon in the following cases: 16 1. Robert J. Grahn. SF No. 922682, Brayton, 17 ~ Harley, Curtis. 18 2. Martin J. Prince. SF No. 954770, Brayton, 19 Harley, Curtis. 20 c. Duane Countryman in the following cases: 21 1. Jack Frost. SF No. 948397, Brayton, Harley, 22 Curtis. 23 d. Patricia Eastwood in the following cases: 24 1. Robert J. Grahn, SF No. 922682, Brayton, 25 Harley, Curtis. 26 2. James Battistessa. SF No. 948352, Brayton, 27 Harley, Curtis. -6- 1 e. Richard Kopf in the following cases: 2 1. James Battistessa. SF No. 948352, Brayton, 3 Harley, Curtis. 4 2. Robert Fisher. SF No. 963843, Brayton, Harley, 5 Curtis. 6 3. William Tomsky. SF No. 969912, Brayton, 7 Harley, Curtis. 8 4. Margaret McDonnell. SF No. 972446, Brayton, 9 Harley, Curtis. 10 5. Robert Durenberger. SF No. 975212, Brayton, 11 Harley, Curtis. 12 6. Henrietta Mitchell. SF No. 965292, Brayton, 13 Harley, Curtis. 14 7. Camille Almada. SF No. 978160, Brayton, 15 Harley, Curtis. 16 INTERROGATORY NO. 13: 17 For each of the following, please state whether, at any time 18 within the time frame or until such time as any defendant which had 19 been engaged in MARKETING RAW ASBESTOS or ASBESTOS- CONTAINING 20 PRODUCTS discontinued the MARKETING of such products, THIS DEFENDANT 21 was a member or paid dues for any representative of THIS DEFENDANT 22 (excluding faculty members of educational institutions) to be a 23 member of the following*. 24 A. American Conference of Governmental Industrial 25 Hygienists; 26 B. American Industrial Hygiene Association; 27 C. American Petroleum Institute; -7- 1 D. American Railroad Association; 2 E. Asbestos Cement Producers Association; 3 F. Asbestos Information Association (AIA)(please 4 answer through date of your answers); 5 G. Asbestos Information Association/North America 6 (AIA/NA)(please answer through date of your answers); 7 H. Asbestos Textile Institute (ATI); 8 I. Industrial Hygiene Foundation and/or Industrial 9 Health Foundation (IHF) 10 J. Industrial Mineral Insulation Manufacturers 11 Institute; 12 K. Magnesia Insulation Manufacturers' Association; 13 L. Magnesia Silica Insulation Manufacturers 14 Association; 15 M. Mineral Wool Institute; 16 N. National Insulation Manufacturers Association 17 (NIMA);" 18 O. National Safety Council; 19 P. New York Academy of Sciences; 20 Q. Quebec Asbestos Mining Association (QAMA); 21 R Refractories Institute; 22 S. Safe Building Alliance (please answer through date 23 of your answers); 24 25 (TIMA) ; T. Thermal Insulation Manufacturers Association 26 U. U.S. Maritime Commission; 27 V. IDENTIFY any other organizations, associations or -8- 1 groups of manufacturers, miners, distributors, importers, labelers, 2 suppliers, and/or sellers of ASBESTOS-CONTAINING PRODUCTS of which 3 THIS DEFENDANT was a member; 4 W. IDENTIFY any such representative of THIS DEFENDANT. 5 RESPONSE TO INTERROGATORY NO. 13: 6 A. No. 7 B. No. 8 C. Yes. 9 D. No. 10 E. No. 11 F. No. 12 G. No. 13 H. No. .14 I. No. 15 J. No. 16 K. No. 17 L. No. 18 M. No. 19 N. No. 20 0. Yes. 21 P. No. 22 Q. No. 23 R. No. 24 S. No. 25 T. No. 26 U. No. 27 V. None. -9- I 1 INTERROGATORY NO. 14: 2 For each organization, association or other entity identified 3 in YOUR Response to Interrogatory No. 13, please state: 4 A. The dates during which THIS DEFENDANT was a member; 5 B. The name(s) of any publication(s) received by THIS 6 DEFENDANT from such association or organization; 7 C. The name of any committee or subcommittee of which 8 THIS DEFENDANT was a member, and the dates of such committee or 9 subcommittee membership. 10 RESPONSE TO INTERROGATORY NO. 14: 11 A. Defendant believes that corporate or individual 12 memberships in the organizations identified in Interrogatory No. 13 13 were held as follows-. 14 National Safety Council: 15 a. No information regarding dates prior to 16 1986, 17 ~ b. unknown 18 c. unknown 19 American Petroleum Institute: 20 a. 1955 through 1985 21 b. unknown 22 c. unknown 23 INTERROGATORY NO. 15: 24 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 25 containing results or conclusions of any studies and/or tests 26 conducted by Bonsib for Standard Oil of New Jersey relating to 27 asbestos exposure in the workplace or the human health consequences -10- 1 of exposure to asbestos? If so: 2 A. Either (1) attach all DOCUMENTS evidencing the 3 information sought in this Interrogatory and its subparts to your 4 answers to these Interrogatories, or (2) attach disks containing 5 such data, or (3) describe such DOCUMENTS with sufficient 6 particularity that they may be made the subject of a request for 7 production of documents. 8 B. State the date upon which THIS DEFENDANT first 9 received such DOCUMENTS; 10 C. State the IDENTITY of the custodian of such 11 DOCUMENTS. 1 12 D. This interrogatory does not apply to DOCUMENTS 13 contained in a library maintained by a DEFENDANT hospital or a 14 DEFENDANT'S library providing access to the general public. 15 RESPONSE TO INTERROGATORY NO. 15: 16 Defendant has conducted a diligent search and a 17 reasonable inquiry in an attempt to respond to this interrogatory 18 and based upon such and upon information and belief. Defendant 19 responds: No. 20 INTERROGATORY NO. 16: 21 Had THIS DEFENDANT prior to 1973 received a copy or any 22 portion of any studies and/or tests conducted by any insurance 23 company, including but not limited to Metropolitan Life Insurance 24 Company and Aetna Insurance relating to asbestos exposure in the 25 workplace or the human health consequences of exposure to asbestos? 26 If so: 27 A. Either (1) attach all DOCUMENTS evidencing the -11- 1 information sought in this Interrogatory and its subparts to your 2 answers to these Interrogatories, or (2) attach disks containing 3 such data, or (3) describe such DOCUMENTS with sufficient 4 particularity that they may be made the subject of a request for 5 production of documents. 6 B. State the date upon which THIS DEFENDANT first 7 received such DOCUMENTS; 8 C. State the IDENTITY of the custodian of such 9 DOCUMENTS. 10 D. This interrogatory does not apply to DOCUMENTS 11 contained in a library maintained by a DEFENDANT hospital or a 12 DEFENDANT'S library providing access to the general public. 13 RESPONSE TO INTERROGATORY NO. 16: 14 Defendant has conducted a diligent search and a 15 reasonable inquiry in an attempt to respond to this interrogatory 16 and based upon such and upon information and belief, Defendant 17 responds: No. 18 INTERROGATORY NO. 17: 19 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 20 containing results or conclusions of any studies and/or tests 21 conducted by any laboratory, including but not limited to, the 22 Saranac Laboratory relating to asbestos exposure in the workplace or 23 the human health consequences of exposure to asbestos? If so: 24 A. Either (1) attach all DOCUMENTS evidencing the 25 information sought in this Interrogatory and its subparts to your 26 answers to these Interrogatories, or (2) attach disks containing 27 such data, or (3) describe such DOCUMENTS with sufficient -12- 1 particularity that they may be made the subject of a request for 2 production of documents. 3 B.' State the date upon which THIS DEFENDANT first 4 received such DOCUMENTS; 5 C. State the IDENTITY of the custodian of such 6 DOCUMENTS; 7 D. This interrogatory does not apply to DOCUMENTS 8 contained in a library maintained by a DEFENDANT hospital or a 9 DEFENDANT'S library providing access to the general public. 10 RESPONSE TO INTERROGATORY NO. 17: 11 Defendant has*conducted a diligent search and a 12 reasonable inquiry in an attempt to respond to this interrogatory 13 and based upon such and upon information and belief. Defendant 14 responds: No. 15 INTERROGATORY NO. 18: 16 Had THIS DEFENDANT (except for a defendant that is an 17 educational institution) prior to 1973 ever maintained a library (or 18 libraries) which contained books, articles, periodicals, journals, 19 and/or reference materials that related to the subjects of asbestos, 20 industrial hygiene, medicine, safety and/or occupational disease. If 21 so, state: 22 A. The date each such library was established; 23 B. The location of each such library; 24 C. The IDENTITY of each librarian or other person in 25 charge of such library. 26 RESPONSE TO INTERROGATORY NO. 18; 27 Defendant has conducted a diligent search and a -13- 1 reasonable inquiry in an attempt to answer this interrogatory. 2 During the relevant time period many libraries of engineering and 3 construction materials were maintained at various offices of 4 Defendant, by individual employees, and by internal organizations 5 within Defendant, but Defendant is unable to otherwise determine the 6 answer to this interrogatory. 7 INTERROGATORY NO. 19: 8 With the exception of OSHA compliance, had THIS DEFENDANT 9 (except for a defendant that is an educational institution) prior to 10 1980 exchanged DOCUMENTS or communicated with any person or other 11 COMPANY expressly regarding the results of tests and/or studies 12 relating to asbestos exposure in the workplace or the human health 13 consequences of exposure to asbestos? If so; state: 14 A. Each person or COMPANY with whom the information 15 was exchanged or to whom it was communicated; 16 B. The date(s) of any such exchanges or 17 communications; 18 C. The IDENTITY of the custodian of such DOCUMENTS. 19 RESPONSE TO INTERROGATORY NO. 19; 20 Defendant has conducted a diligent search and a 21 reasonable inquiry in an attempt to respond to this interrogatory 22 and based upon such and upon information and belief, Defendant 23 responds: No. 24 INTERROGATORY NO. 20: 25 Has any employee or designee of THIS DEFENDANT testified as a 26 representative of THIS DEFENDANT before the Occupational Safety and 27 Health Administration, the National Institute of Occupational Safety -14- 1 and Health, or any committee or subcommittee of the United States 2 Congress relating to asbestos exposure in the workplace or the human 3 health consequences of exposure to asbestos? If so, please state: 4 A. The entity before whom such testimony was given; 5 B. The date(s) and location(s) of such testimony; 6 C. The IDENTITY of the individual(s) who so testified; 7 D. Whether any DOCUMENTS were presented to the entity 8 before which testimony was given; 9 E. Whether copies of DOCUMENTS presented were retained 10 by THIS DEPENDANT and, if so, state the IDENTITY of the custodian of 11 such DOCUMENTS. 12 RESPONSE TO INTERROGATORY NO. 20: 13 Defendant has conducted a diligent search and a .14 reasonable inquiry in an attempt to respond to this interrogatory 15 and based upon such and upon information and belief, Defendant 16 responds: No. 17 INTERROGATORY NO. 21: 18 Has THIS DEFENDANT (except for a defendant that is an 19 educational institution) conducted, or caused to be conducted, 20 tests, and/or studies of ambient asbestos dust created during the 21 manufacture, processing and/or assembling for sale of ASBESTOS22 CONTAINING PRODUCTS? If so, state: 23 A. Each manufacturing facility, including location and 24 address, at which any such test and/or study was conducted; 25 B. The date of each such test and/or study; 26 C. The individual(s) or entity conducting each such 27 test and/or study; -15- 1 D. Whether THIS DEFENDANT has any DOCUMENTS containing 2 the results and/or conclusions of each such study; 3 E.' The IDENTITY of the custodian of such DOCUMENTS. 4 RESPONSE TO INTERROGATORY NO. 21; 5 Not applicable. 6 INTERROGATORY NO. 22: 7 Has THIS DEFENDANT (except for a defendant that is an 8 educational institution) conducted, or caused to be conducted, any 9 tests and/or studies on ambient asbestos dust levels at any location 10 or job site where ASBESTOS-CONTAINING PRODUCTS were installed, 11 utilized or removed? If so, for the first 5 tests and/or studies, 12 state: 13 A. The location, including name and address, at which 14 each such test and/or study was conducted; 15 B. The individual(s) or entity conducting each such 16 test and/or study; 17 ~ C. The date of each such test and/or study; 18 D. Whether THIS DEFENDANT has any DOCUMENTS containing 19 the results and/or conclusions of each such test and/or study; 20 E. The IDENTITY of the custodian of such DOCUMENTS. 21 RESPONSE TO INTERROGATORY NO. 22: 22 Yes. Defendant is unable to determine the first five 23 studies. 24 INTERROGATORY NO. 23: 25 Did THIS DEFENDANT (except for a defendant that is an 26 educational institution) have any laboratory or other similar type 27 of facility anywhere in the United States at which it conducted, or -16- 1 caused to be conducted, any tests and/or studies of ASBESTOS2 CONTAINING PRODUCTS or RAW ASBESTOS relating to the health 3 consequences `of asbestos or the dust generated by any use of 4 asbestos or ASBESTOS-CONTAINING PRODUCTS. If so, state: 5 A. The location, including name and address, at which 6 each test and/or study was conducted; 7 B. The individual(s) or entity conducting each such 8 test and/or study; 9 C. The date of each such test and/or study; 10 D. Whether THIS DEFENDANT has any DOCUMENTS containing 11 the results and/or conclusions.of each such test and/or study; 12 E. The IDENTITY of the custodian of such DOCUMENTS. 13 RESPONSE TO INTERROGATORY NO. 23: 14 NO. 15 INTERROGATORY NO. 24: 16 Has THIS DEFENDANT made available to its employees a medical 17 examination program to determine the absence or presence of 18 asbestos-related disease? If so, state: 19 A. Whether chest x-rays or pulmonary function tests 20 were part of such program(s); 21 B. Whether participation in any such program was a 22 mandatory condition of employment or was voluntary; 23 C. Whether THIS DEFENDANT has DOCUMENTS of such 24 program(s); 25 D. The IDENTITY of the custodian of such DOCUMENTS. 26 RESPONSE TO INTERROGATORY NO. 24: 27 NO. -17- 1 INTERROGATORY NO. 25: 2 Prior to 1973, did any person file a Workers' Compensation 3 claim for asbestos-related injury against THIS DEFENDANT or against 4 any Workers 1 Compensation insurance carrier which provided coverage 5 for THIS DEFENDANT? If so, state the total number of such claims 6 and, for the first 20 such claims state: 7 A. The date of such claim,8 B. The name of the claimant; 9 C. The case number; 10 D. The court in which the claim was filed; 11 E. 1 The IDENTITY of THIS DEFENDANT'S custodian of 12 DOCUMENTS evidencing such claims. 13 RESPONSE TO INTERROGATORY NO. 25: 14 Unknown. Defendant has conducted a diligent search and a 15 reasonable inquiry in an attempt to respond to this interrogatory. 16 Defendant is unable to determine whether any such claims were made. 17 INTERROGATORY NO. 26: 18 Does THIS DEFENDANT have insurance available to cover 19 judgment(s) entered against it in asbestos-related personal injury 20 lawsuits? If so, state: 21 A. The name and principal place of business of any 22 insurance carrier who has issued such policy of insurance ,23 B. The number and effective date of each policy,24 C. The amount(s) of coverage of each policy; 25 D. The applicable dates of coverage. 26 RESPONSE TO INTERROGATORY NO. 26: 27 Yes. Defendant SVI has adequate insurance coverage for -18- 1 any judgment(s) entered against it in the actions pending against 2 it. 3 INTERROGATORY' NO . 27 ; 4 State whether YOU have controlled, purchased, or in any way5 acquired any controlling interest in any corporation or business 6 entity which has mined, manufactured, produced, processed, 7 compounded, sold, supplied, distributed and/or otherwise placed RAW 8 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream of commerce. 9 If so, state: 10 A. The name and address of said corporation or 11 business entity; 12 B. The dates YOU controlled, purchased or acquired any 13 interest; and 14 C. The nature of the business as it pertains to 15 asbestos. 16 RESPONSE TO INTERROGATORY NO. 27: 17 NO. 18 INTERROGATORY NO. 28: 19 State whether THIS DEFENDANT, between 1930 and 1985, has ever 20 engaged in the following activities with regard to RAW ASBESTOS, and 21 if so, state the inclusive dates of such activity: 22 A. Mining; 23 B. Milling; 24 C. Supply; 25 D. Importing ,26 E. Processing ,27 F. Distribution; -19- 1 G. Marketing; 2 H. Sale; 3 I. Brokering. 4 RESPONSE TO INTERROGATORY NO. 28: 5 A. No. 6 B. No. 7 C. No. 8 D. No. 9 E. No. 10 F. No. 11 G. No. 12 H. No. 13 I. No. 14 INTERROGATORY NO. 29 15 If YOUR answer to any of subparts of Interrogatory 28 16 regarding RAW ASBESTOS is in the affirmative, state: 17 ~ A. The trade, brand name, and/or generic name of such 18 RAW ASBESTOS milled or MARKETED in any form or quantity between 1930 19 and 1985; 20 B. The date(s) such RAW ASBESTOS was first placed on 21 the market, including the date(s) such RAW ASBESTOS was first 22 marketed; 23 1. On an experimental basis; 24 2. On a test basis; 25 3. For sale. 26 C. The date(s) such RAW ASBESTOS: 27 1. Ceased to be produced; or -20- 1 2. Was recalled from the market, if ever. 2 D. A description of the chemical composition of such 3 RAW ASBESTOS,' including the type and/or grade of asbestos; 4 E. A description of the physical appearance and nature 5 of such RAW ASBESTOS, including any color coding, distinctive 6 marking and/or logo on the packaging or container; 7 F. A detailed description of the intended use of such 8 RAW ASBESTOS, including any temperature limits for each such use; 9 G. Whether such RAW ASBESTOS was on the U.S. 10 Government's "Qualified Products List," and if so, the inclusive 11 dates it was on such list; 12 H. IDENTIFY to whom such RAW ASBESTOS has, at any 13 time, been sold. As to each such, state: .14 I. Whether any of *THIS DEFENDANT'S RAW ASBESTOS has, 15 at any time, been sold, shipped, or otherwise distributed, used or 16 installed to or at any COMPANY (including power company or utility), 17 governmHntal agency or entity, shipyard, distributor, refinery, 18 contractor, supplier, PREMISE owner or occupant, ship owner, or 19 other PREMISE or site in the GEOGRAPHIC AREA and whether any of THIS 20 DEFENDANT'S RAW ASBESTOS has at any time, been sold to any 21 manufacturer, or manufacturing facility, of ASBESTOS-CONTAINING 22 PRODUCTS. If so, state: 23 1. The names of each such COMPANY, governmental 24 agency or entity, shipyard, distributor, supplier, manufacturer or 25 refinery; 26 2. The inclusive dates of each such sale, and the 27 amount (quantity) and the trade brand name of such RAW ASBESTOS -21- 1 sold; 2 3. The manner of shipment (e.g. boat, rail, 3 etc.). 4 4. Whether you have any records indicating any 5 such sale or shipment and, if so, the name, address and job 6 classification of each person who currently has possession of such 7 records. 8 5. Either (1) attach all DOCUMENTS evidencing the 9 information sought in this Interrogatory and its subparts to your 10 answers to these Interrogatories, or (2) attach disks containing 11 such data, or (3) describe such DOCUMENTS with sufficient 12 particularity that they may be made the subject of a request for 13 production of documents. 14 RESPONSE TO INTERROGATORY NO. 29: 15 Not applicable. 16 INTERROGATORY NO. 30: 17 ' Between 1930 and 1985, did YOU ever engage in any of the 18 activities listed below with regard to ASBESTOS-CONTAINING PRODUCTS? 19 If so, state the inclusive dates of such activity: 20 A. Supply; 21 B. Importing; 22 C. Distribution; 23 D. Marketing; 24 E. Sale ; 25 F. Labeling; 26 G. Manufacturing 27 H. Brokering. -22- 1 RESPONSE TO INTERROGATORY NO. 30; 2 A. Defendant used asbestos-containing products in its 3 activities id providing services as a contractor on hundreds of 4 projects which called for insulation materials for insulating 5 piping, equipment, structural steel and the like during the period 6 1945 until about 1972. Defendant contends that its use of asbestos 7 containing products did not constitute "supply", "distribution", 8 "marketing" or "sale" of asbestos-containing products. Wherever the 9 insulation material was installed that contained asbestos, the 10 asbestos product originated from a company which sold, supplied or 11 distributed asbestos to Defendant, not from Defendant. 12 B. No. 13 C. See A, above. 14 D. See A, above. 15 E. See A, above. 16 F. No. 17 G. No. 18 H. No. 19 INTERROGATORY NO. 31 20 If your answer to any su 21 regarding "ASBESTOS-CONTAINING PRODUCTS" is in the affirmative, 22 state -. 23 -A. The trade, brand name, and/or generic name of each 24 such ASBESTOS-CONTAINING PRODUCT MARKETED in any form or quantity 25 between 1930 and 1985; 26 B. The date(s) each such ASBESTOS-CONTAINING PRODUCT 27 was first placed on the market, including the date(s) each such -23- 1 ASBESTOS-CONTAINING PRODUCT was first MARKETED; 2 1. On an experimental basis; 3 2. On a test basis; or 4 3. For sale. 5 C. The date(s) each such ASBESTOS-CONTAINING PRODUCT: 6 1. Ceased to be produced; or 7 2. Was recalled from the market, if ever. 8 D. A detailed description of the chemical composition 9 of each such ASBESTOS-CONTAINING PRODUCT, including the type and/or 10 grade of asbestos and/or asbestos fiber contained in each such 11 product and the quantitative percentage of asbestos or asbestos 12 fiber in each such product, and all non-asbestos components of the 13 ASBESTOS-CONTAINING PRODUCT, and if the chemical composition changed 14 over time, the inclusive dates of each formulation; 15 E. A description of the physical appearance and nature 16 of each such ASBESTOS-CONTAINING PRODUCT, including any color 17 coding,--distinctive marking and/or logo, either on the product or on 18 the packaging; 19 F. A detailed description of the intended use of each 20 such ASBESTOS-CONTAINING PRODUCT, including any temperature limits 21 for each such use; 22 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on 23 the U.S. Government's "Qualified Products List," and if so, the 24 inclusive dates it was on such list; 25 H. The name and address of the supplier of the RAW 26 ASBESTOS used in each such product and the time period of such 27 supply; -24- 1 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS OR 2 ASBESTOS-CONTAINING PRODUCTS have, at any time, been sold, shipped, 3 or otherwise 'distributed to any COMPANY (including power company or 4 utility), governmental agency or entity, shipyard, distributor, 5 refinery, contractor, supplier, manufacturer, PREMISE owner or 6 occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC 7 AREA. If so, state: 8 1. The names of each such COMPANY, governmental 9 agency or entity, shipyard, distributor, supplier, manufacturer, 10 refinery, contractor, PREMISE owner or occupant, ship owner, PREMISE 11 or site,12 2. The inclusive dates of each such sale, 13 shipment, distribution, use or installation and the amount (volume) 14 and the trade or brand name of each such ASBESTOS-CONTAINING PRODUCT 15 sold; 16 3 . Whether you have any records indicating any 17 such saie, shipment, distribution, use or installation and, if so, 18 the name, address and job classification of each person who 19 currently has possession of such records. 20 J. Either (1) attach all DOCUMENTS evidencing the 21 information sought in this Interrogatory and its subparts to your 22 answers to these Interrogatories, or (2) attach disks containing 23 such data, or (3) describe such DOCUMENTS with sufficient 24 particularity that they may be made the subject of a request for 25 production of documents. 26 RESPONSE TO INTERROGATORY NO. 31: 27 See response to Interrogatory No. 30. -25- 1 INTERROGATORY NO. 32 (PREMISES DEFENDANTS only) 2 Did YOU install, remove, or handle or contract to have others 3 install, remove, or handle RAW ASBESTOS or ASBESTOS-CONTAINING 4 PRODUCTS at any PREMISES in the GEOGRAPHIC AREA which PREMISES is at 5 issue as to YOU in San Francisco Superior Court asbestos litigation 6 as of the date of your answers to these interrogatories? If so: 7 A. IDENTIFY the PREMISES. 8 B. For each of the PREMISES: 9 1. State the nature of your ownership or 10 possessory interest; 11 2. State the inclusive date of that interest; 12 3 . IDENTIFY the party from whom that interest was 13 acquired; 14 4. IDENTIFY the party, if any, to whom that 15 interest was transferred. 16 C. IDENTIFY every contract to which YOU were a party 17 or of which you have knowledge wherein the performance of such 18 contract involved the installation, removal, disturbing or handling 19 of any RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at YOUR 20 PREMISES. For each such contract: 21 1. IDENTIFY the parties to the contract; 22 2. Provide a general description and specific 23 location of-the work to be performed by each party to the contract; 24 3. IDENTIFY and describe the NATURE of the RAW 25 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS installed, removed, 26 disturbed or handled in the performance of the contract; 27 4. State the dates of the contract and the dates -26- 1 of performance; 2 D. Except as provided in response to subpart (c), has 3 any work othe'r than routine maintenance been done on or to the 4 PREMISES that involved the installation, removal, disturbing or 5 handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If so, 6 for each such instance: 7 1. State the inclusive dates of the work; 8 2. Provide a general description and specific 9 location of the work; 10 3. State whether the work was done by YOU and/or 11 YOUR employees; 12 4. IDENTIFY and describe the NATURE of the RAW 13 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS installed, removed, handled 14 or disturbed; 15 5. IDENTIFY from whom the RAW ASBESTOS OR 16 ASBESTOS-CONTAINING PRODUCTS were acquired. 17 -- E. Has any asbestos abatement effort been made at the 18 PREMISES? If so, for each such effort: 19 1. IDENTIFY who did the work; 20 2. State the inclusive dates thereof; 21 3. State whether samples were taken, and, if the 22 samples still exist, IDENTIFY the custodian of the samples; 23 4. State whether any material was tested, and, if 24 so, what were the results of each test; 25 5. IDENTIFY each test result with sufficient particularity for purposes of a request for production of documents, or, in the alternative, attach a copy to YOUR answers to these -27- 1 interrogatories. 2 F. Except for insurance coverage litigation, have you 3 filed suit against, or otherwise sought to recover from, any person 4 or entity for some or all of the cost of asbestos abatement or for 5 the property damage allegedly caused by the presence of RAW ASBESTOS 6 or ASBESTOS-CONTAINING PRODUCTS on the PREMISES identified in 7 response to subpart (A) above? If so: 8 1. IDENTIFY the person or entity against whom YOU 9 have filed suit or otherwise sought to recover; 10 2. If YOU have filed suit, state the court in 11 which the action was filed, the date on which it was filed, IDENTIFY 12 all Plaintiffs and Defendants and their counsel of record; 13 3 . State whether or not the case has been 14 resolved, and, if so, what was the status or disposition. 15 G. Either (1) attach all DOCUMENTS evidencing the 16 information sought in this Interrogatory and its subparts to your 17 answers--to these Interrogatories, or (2) attach disks containing 18 such data, or (3) describe such DOCUMENTS with sufficient 19 particularity that they may be made the subject of a request for 20 production of documents. 21 H. IDENTIFY the person(s) presently most knowledgeable 22 about the information sought in this interrogatory or its subparts. 23 RESPONSE TO. INTERROGATORY NO. 32: 24 A. Yes. 50 Beale Street, San Francisco, California; 425 Market Street, San Francisco, California. 25 26 B. 50 Beale Street 27 -28- 1 Defendant had a full or partial ownership interest in the 2 PREMISES existing at 50 Beale Street from January, 1966 to March 2, 3 1983. Defendant owned an interest'in the PREMISES from its initial 4 construction beginning in January, 1966 and did not acquire an 5 interest in the PREMISES from any person or party. Defendant 6 transferred its interest in the PREMISES to Bechtel Investments, 7 Inc. 8 425 Market Street 9 Defendant leased space on floors 32 through 36 of the 10 PREMISES at 425 Market Street from 425 Market Street Associates from 11 October, 1973 to March, 1984. .Defendant leased space on floors 29 12 through 31 of the PREMISES at 425 Market Street from 425 Market 13 Street Associates from October, 1973 to March, 1979. Defendant is 14 also informed and believes that it subleased space on floors 26 and 15 27 of the PREMISES at 425 Market Street from an unknown sublessor 16 for an unknown period sometime between October, 1973 and March, 17 1979'. Defendant transferred its lease interest in the PREMISES to 18 425 Market Street Associates at the times indicated in this 19 response. 20 C. 50 Beale Street 21 Defendant is aware that, during the period that it owned 22 or occupied the PREMISES at 50 Beale Street, certain contracts were 23 let, either-between Defendant and various contractors or between 24 other entities and various contractors, for maintenance, 25 improvement, or other construction work at the PREMISES. Some of 26 this maintenance, improvement or other construction work may have 27 involved the installation, removal, disturbing or handling of -29- 1 ASBESTOS-CONTAINING PRODUCTS. Without reference to the specific 2 contracts involved, Defendant does not have knowledge as to who the 3 parties to these contracts were, what type of work was performed, 4 where within the PREMISES the work was performed, the nature of any 5 ASBESTOS-CONTAINING PRODUCTS installed, removed, disturbed or 6 handled, if any, or the date(s) of the performance of this work. 7 Defendant may or may not have in its possession or control some of 8 the contracts relating to this work. However, Defendant's records 9 are not organized in any way that enables Defendant to determine 10 whether it has any such contracts in its possession or control 11 unless Defendant is provided information identifying the specific 12 contractors who performed maintenance, improvement or other 13 construction work at the PREMISES. Defendant is informed and 14 believes that the various plaintiffs' asbestos personal injury 15 counsel are in possession information relating to the identities of 16 the employers of their clients and others who worked at the PREMISES 17 and/ in-fact, plaintiffs' counsel are more knowledgeable than 18 Defendant regarding the identities of these contractors. If 19 plaintiffs' asbestos counsel identifies specific contractors claimed 20 to have performed maintenance, improvement or other construction 21 work at the PREMISES Defendant will be able to undertake a search 22 for any contracts requested in this interrogatory. 23 425 Market Street 24 During the period that Defendant leased space at the 25 PREMISES at 425 Market Street, certain contracts may have been let, 26 either between Defendant and various contractors or between other 27 entities and various contractors, for maintenance, improvement, or -30- 1 other construction work at the PREMISES. Some of this maintenance, 2 improvement, or other construction work may have involved the 3 installation,' removal, disturbing or handling of ASBESTOS-CONTAINING 4 PRODUCTS. Without reference to the specific contracts involved, 5 Defendant does not have knowledge as to who the parties to these 6 contracts were, what type of work was performed, where within the 7 PREMISES the work was performed, the nature of any ASBESTOS8 CONTAINING PRODUCTS installed, removed, disturbed or handled, if 9 any, or the date(s) of the performance of this work. Defendant may 10 or may not have in its possession or control some of the contracts 11 relating to this work. Jfowever, Defendant's records are not 12 organized in any way that permits Defendant to determine' whether it 13 has any such contracts in its possession or control unless Defendant 14 is provided with information identifying the specific contractors 15 who performed maintenance, improvement or other construction work at 16 the PREMISES. Defendant is informed and believes that the various 17 plainti-f'f s' asbestos personal injury counsel are in possession 18 information relating to the identities of the employers of their 19 clients and others who worked at the PREMISES and, in fact, 20 plaintiffs' counsel are more knowledgeable than Defendant regarding 21 the identities of these contractors. If plaintiffs' asbestos 22 counsel identifies specific contractors claimed to have performed 23 maintenance, improvement or other construction work at the PREMISES 24 Defendant will be able to undertake a search for any contracts 25 requested in this interrogatory. 26 D. The response to this interrogatory would 27 necessitate the preparation or making of a compilation, abstract. -31- 1 audit, or summary of or from documents relating to work other than 2 routine maintenance at the PREMISES at 50 Beale Street and 425 3 Market Street', the burden and expense of which would be 4 substantially the same for plaintiffs as it would be for Defendant. 5 Therefore, pursuant to California Code of Civil Procedure section 6 2030(f) (2), Defendant elects to afford plaintiffs a reasonable 7 opportunity to inspect and copy documents relating to work other 8 than routine maintenance at the PREMISES at 50 Beale Street and 425 9 Market Street. 10 E. 50 Beale Street 11 The response to this interrogatory would necessitate the 12 preparation or making of a compilation, abstract, audit, or summary 13 of or from documents relating to the abatement of asbestos14 containing products from the PREMISES at 50 Beale Street, the burden 15 and expense of which would be substantially the same for plaintiffs 16 as it would be for Defendant. Therefore, pursuant to California 17 Code of'Civil Procedure section 2030 (f) (2), Defendant elects to 18 afford plaintiffs a reasonable opportunity to inspect and copy 19 documents relating to asbestos abatement at the PREMISES at 50 Beale 20 Street. 21 425 Market Street 22 Defendant is unaware of any asbestos abatement at the 23 PREMISES at*425 Market Street. 24 F. No. 25 G. See response to subparts C, D, and E above. 26 H. Please refer to documents made available to 27 plaintiffs' counsel pursuant to subparts C, D, and E above. -32- 1 INTERROGATORY NO. 33 (CONTRACTOR DEFENDANTS only) 2 At any time between 1930 and 1985, did YOU hold a contractor's 3 license in the State of California? If so: 4 A. IDENTIFY, each license by type, date and number. 5 B. If on the date of your answers YOU are a defendant 6 in four or more asbestos actions in San Francisco Superior Court, 7 IDENTIFY each job or contract that YOU performed (directly or 8 through one or more subcontractors) during this time period for work 9 in any PREMISES which is at issue as to YOU on such date, and in any 10 PREMISES of 50,000 square feet or more in the GEOGRAPHIC AREA which 11 job or contract involved, installation, removal, disturbing or 12 handling RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS. 13 (Alternatively, at your option, you may IDENTIFY each job or .14 contract YOU performed (directly or through one or more 15 subcontractors) during this time frame for all work, or for all work 16 on PREMISES of 50,000 square feet or more, in the GEOGRAPHIC AREA.) 17 As t'o each such job or contract: 18 1. IDENTIFY the location (including name of ship, 19 if applicable) where the job or work was performed; 20 2. State the date of the contract or the 21 inclusive dates of the work; 22 3. IDENTIFY the person or entity with whom you 23 contracted;24 4. State your job or contract number. 25 C. If on the date of your answers you are not a 26 defendant in four or more asbestos actions in San Francisco Superior 27 Court, IDENTIFY each job or contract that YOU performed (directly or -33- through one or more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on such date. As to each such job or contract: 1. IDENTIFY the location (including name of ship, if applicable) where the job or work was performed; 2. State the date of the contract or the inclusive dates of the work; 3 . IDENTIFY the person or entity with whom you contracted; 4. State your job or contract number. RESPONSE TO INTERROGATORY NO. 33: A. Yes. At all relevant times Defendant held a California contractor's license. B. Defendant identifies the following jobs for construction work it performed in PREMISES which are at issue as to it as of June 2, 1997, based upon Defendants' review of plaintiffs' complaints, preliminary fact sheets, and General Order 29 and 129 interrogatory responses -. Location EUREKA, CA RICHMOND, CA RICHMOND, CA PITTSBURG, CA AVON, CA. RICHMOND, CA Client PACIFIC GAS&ELEC STANDARD OIL OF CALIF STANDARD OIL OF CALIF DOW CHEMICAL CO TIDEWATER ___ ___________ STANDARD OIL OF CALIF____ Job # Opened Job # Closed Job# 4509 4510 4511 4511 4602 4511 4511 4601 4903 4601 4711 4601 1001 1027 1030 1031 . 1034 1041 -34- 1 LOS ANGELES, CA UNOCAL 2 RICHMOND, CA STANDARD OIL OF CALIF 3 SAN FRANCISCO, CA PACIFIC GAS&ELEC 4 MARTINEZ, CA SHELL CHEMICAL 5 RICHMOND, CA STANDARD OIL OF CALIF 6 RICHMOND, CA STANDARD OIL OF CALIF 7 AVON, CA _______ TIDEWATER 8 RICHMOND, CA _______ STANDARD OIL OF CALIF 9 RICHMOND, CA STANDARD OIL OF CALIF 10 RICHMOND, CA__ _ STANDARD OIL OF CALIF 11 RICHMOND, CA STANDARD OIL OF CALIF- 12 SHELL CHEMICAL SAN FRANCISCO, CA 13 MARTINEZ, CA _ ____ SHELL CHEMICAL 14 RICHMOND, CA STANDARD OIL OF CALIF 15 MARTINEZ, CA- SHELL OIL CO. 16 HERCULES, CA HERCULES POWDER 17 richmondTca STANDARD OIL OF CALIF 18 ANTIOCH, CA PACIFIC GAS&ELEC 19 RICHMOND, CA STANDARD OIL OF CALIF 20 RICHMOND, CA STANDARD OIL OF CALIF 21 RICHMOND, CA STANDARD OIL OF CALIF 22 RICHMOND, CA STANDARD OIL OF CALIF 23 HERCULES,_CA ' 24 RICHMOND, CA HERCULES POWDER STANDARD OIL OF CALIF 25 SAN FRANCISCO, CA PACIFIC GAS&ELEC 26 AVON, CA TIDEWATER______ 27 ANTIOCH, CA. PACIFIC GAS&ELEC ____ 4512 __ . 4602 1042 _____4601 4609 1056 4602 -4701 1098_ ___ 4702 _4707 _ 1152 ......4604 4607 1158 4605 4608 1177 ____ 4610 4704 1186_ ____ 4608 4610 1197 __ 4610 .4803 ...... 1239 ...... 4610 , 4702 1253 ____4612 _____ 4612 1264 ____ 4701 4710_ _ 1298 ____ 4701 .4711 1303 ____ 4703 4709 . 1321__ 4709 4803 .1329. ____ 4709___ 4710 1353 4803........ . 4903__ 1408 ____ 4809____ 5312 ___ 1430 ...... 4807 . 4902 1437 4902 4910 1514 , 4511 4906 1555 4910 5003 1591 ____ 4911 4912 .1608 ___ 5006 5204 1657 5005 5105 1658__ 5008 5009 , 1692 ____ .5103____ ____ 5310 ........1729 -35- 1 RICHMOND, CA STANDARD OIL OF CALIF 2 MARTINEZ, CA____ SHELL CHEMICAL________ 3 MARTINEZ, CA 'SHELL CHEMICAL.............. _. 4 WON, CA_____ ____ ...... TIDEWATER 5 EMERYVILLE............ _____UNOCAL________________ 6 PITTSBURG, CA____ ....... PACIFIC GAS&ELEC_______ 7 RICHMOND, CA____ _____STANDARD OIL OF CALIF 8 MARTINEZ. CA ____ SHELL CHEMICAL________ 9 RICHMOND, CA .... ... STANDARD OIL OF CALIF 10 RICHMOND, CA........ ___ STANDARD OIL OF CALIF 11 RICHMOND, CA. ..... STANDARD OIL OF CALIF 12 MARTINEZ, CA ____ SHELL CHEMICAL 13 ANTIOCH, CA. _____PACIFIC GAS&ELEC 14 AVON, CA___ ___ TIDEWATER__ 15 RICHMOND. CA ... __ STANDARD OIL OF CALIF 16 RICHMOND, CA ., STANDARD OIL OF CALIF 17 AVON, CA ~______ ____ TIDEWATER____ ________ 18 HERCULES, CA____ _____HERCULES POWDER____ 19 MORRO BAY, CA PACIFIC GAS&ELEC______ 20 OLEUM/RODEO, CA UNOCAL 21 . OLEUM/RODEO, CA UNOCAL________________ 22 AVON, CA ......... - TIDEWATER _____ 23 LOS ANGELES, Ca'_ UNOCAL 24 RICHMOND, CA. STANDARD OIL OF CALIF 25 BUHNE PT.JEUREKA, CA PACIFIC GAS&ELEC 26 PITTSBURG, CA _ DOW CHEMICAL CO 27 AVON, CA____ TIDEWATER 5101 5J01. 1/50 5103 5109 1759 5104 5111 1801 .5106 5107 1822 A112 5109 5205 5412 1846 1852 5110 5110 1862 5202 _ 5209 1864 5110 5207. ...... 1869 5110 5206.. 1874 5112 .... 5204 1876. 5205 5210 1888 .5301 ... 5312 1914 5205. ... 5306 1928 5205 5208 1945 .5207 5305 2002 5306 _ 5307 2Q23 .5303 _____ 5311 2034 5301 5603 _.. 2050.. 5311 5504 2075 5402 5411 2104.. 5312 5409 2133 5402 5405 2138 5404 5504 2160 5405 5612 2200 5505 5601 2208 5408 541.1 _____ 2223 -36- 1 AVON, CA TIDEWATER 5412 5611 2285 2 LOS ANGELES, CA UNOCAL 5502 5602 2288 3 MOSS LANDING PACIFIC GAS&ELEC ................. _5509____ ____5611, , 2295 4 PITTSBURG, CA PACIFIC GAS&ELEC 5501 5506 2303 5 RICHMOND, CA STANDARD OIL OF CALIF 5503 5604 2331 6 RICHMOND, CA STANDARD OIL OF CALIF , _ ,________5504 _ _ 5604 2352 7 PITTSBURGH, CA ___ DOW CHEMICAL____________ 5603 ....... 5706___ ...2503 8 AVON, CA TIDEWATER _________5601_______ 5603 2446 9 AVON, CA TIDEWATER 5604 5809 2515 10 LONG BEACH, CA ATLANTIC RICHFIELD __________ 5604_____ 5609 .......2526, 11 RICHMOND, CA STANDARD OIL OF CALIF 5702 ____5709 2531 12 BUHNE PT,EUREKA, CA PACIFIC GAS&ELEC ___________ 5612 , 5809..... 2535 13 RICHMOND, CA 14 RICHMOND, CA STANDARD OIL OF CALIF STANDARD OIL OF CALIF _____.......... 5705_...... __ 5806__ . . ... 2685 ______ 5706____ 5803 , 2829 15 MORRO BAY, CA . PACIFIC GAS&ELEC __________ 5804....... 5809____ 2889 16 BUHNE PT, EUREKA, CA PACIFIC GAS&ELEC 17 _RICHMONp7"CA _ STANDARD OIL OF CALIF 18 CROCKETT, CA C & H SUGAR 19 RICHMOND, CA........ STANDARD OIL OF CALIF 5804 .___ ____ 5812 5904 _______ 5709 6201 2956 .5907___ ___ 3173 5906 3207 ____ 6001 _ 3310 20 HERCULES, CA ____ HERCULES POWDER_____ _________ 6005_ _ 6012____ 3438 21 RICHMOND, CA STANDARD OIL OF CALIF 6004 6103 3508 22 AVON, CA_____ _ TIDEWATER .......... ....... 6104_____ ____6404 ___ 3700 23 MARTINEZ, CA SHELL OIL CO. 6103 6109 3789 24 RiCHMOND.CA STANDARD OIL OF CALIF _ 6102 6106 3792 25 RICHMOND, CA_ STANDARD OIL OF CALIF _ 6103 6107.___ _ _ 3840 26 RICHMOND, CA STANDARD OIL OFCALIF, _ 6107 _ 6107 3973 27 RICHMOND, CA STANDARD OIL OF CALIF 6204 6210 4210 -37- 1 RICHMOND, CA CHEVRON OIL/CHEM 6408 6512 5191 2 RICHMOND, CA STANDARD OIL OF CALIF _______ 6409 _____ 6604 5232 3 SAN ONOFRE, CA___ ___ SAN DIEGO GAS&EL ________ 6412____ 6604 5245 4 HERCULES, CA HERCULES POWDER ____ _ _6410 ....... 6709 5301 5 OLEUM/RODEO, CA UNOCAL ______ 6502 6512. 5466 6 SAN ONOFRE, CA-__ SO CALIF EDISON ____ __ 6508 _ . ____ .6601 5668 . 7 RICHMOND, CA______ ... CHEVRON OIL/CHEM ________660.1 ___ 6707 5845 8 RICHMOND, CA STANDARD OIL OF CALIF 6606 6611 6163 9 RICHMOND, CA______ CHEVRON OIL/CHEM 6705 ____ 6808 .. ,,6603 10 PITTSBURG, CA ...... DOW CHEMICAL CO___________ ______ 6709____ ...__6710 11 OLEUM/RODEO, CA __ UNOCAL._____ '............ . 6808 ........ .7202 6899 7299 12 SAN ONOFRE, CA SO CALIF EDISON ....... ............. _______ 6911 .7001. 8445 13 SAN ONOFRE, CA SO CALIF EDISON 7008____ ____ 7010 9008 14 OLEUM/RODEO, CA .... UNOCAL 7203 __ ____ 7305. ,10000 15 SAN ONOFRE, CA _ SO CALIF EDISON ............7210 ____ 8412 1079 16 RICHMOND, CA____ STANDARD OIL OF CALIF _______7305____ .7702 .........10640 17 RODEO,.CA~ ... UNOCAL........... . 7809. _____ 8012 13237 18 RICHMOND, CA CHEVRON USA ........8005 ... ____ 8812 . _14216 . 19 RICHMOND, CA__ ___ ___CHEVRON USA_____ __ 8105 . 8309 _ .14836 20 SAN FRANCISCO, CA PACIFIC GAS&ELEC 21 SAN ONOFRE, CA____ SO CALIF EDISON ........... 8203 8211 ____ 6603 9412 15320 15692. 22 AVON.CA____________ ... TOSCO CORP. 23 AVILA BEACH, CA ___PACIFIC GAS&ELEC 24 CARSON, CA ARCO PETRPRODUCTS 25 SAN ONOFRE, CA SO CALIF EDISON 26 .8212 8307 .15773 .8203 ____ 8710 ._ 16293 8402 8607 16494 _______ 8404____ 9005 16859 27 AS to each PREMISE which is not at issue as to Defendant -38- 1 Defendant objects to providing identifying information regarding its 2 jobs or contracts on the following grounds-. 3 1. The information requested does not relate to a 4 current case or controversy; 5 2. The interrogatory is overly broad and calls for 6 information which is neither relevant to the 7 subject matter of pending actions nor reasonably 8 calculated to lead to the discovery of admissible 9 evidence; 10 3 . The interrogatory amounts to an impermissible 11 shifting^of the burden of proof; 12 4. The court's imposition of this interrogatory and 13 its denial of defendant's right to object is beyond 14 the Court's rule-making authority. 15 INTERROGATORY NO. 34: 16 Did any of the distributors identified in your Answer to 17 Interrogatory Nos. 29 and 31 above have an exclusive 18 distributorship? If so, state the relevant time period. 19 RESPONSE TO INTERROGATORY NO. 34: 20 Not applicable. 21 INTERROGATORY NO. 35: 22 If THIS DEFENDANT entered into any agreements for the 23 rebranding of any ASBESTOS-CONTAINING PRODUCTS by THIS DEFENDANT for 24 resale or distribution by another person or entity, describe each 25 agreement's terms and the parties to said agreement, the duration of 26 the agreement, and name of each product(s) and/or material(s) 27 covered by each such agreement. -39- 1 RESPONSE TO INTERROGATORY NO. 35: 2 Not applicable. 3 INTERROGATORY NO. 36: 4 If THIS DEFENDANT entered into any agreements for the 5 rebranding of ASBESTOS-CONTAINING PRODUCTS manufactured, sold, 6 supplied or distributed by another person or entity for resale or 7 distribution by YOU, describe each of the agreements and the parties 8 to said agreement, the terms, the duration, and the names of each 9 product(s) and/or material(s) covered by each such agreement. 10 RESPONSE TO INTERROGATORY NO. 36: 11 Not applicable. 12 INTERROGATORY NO. 37: 13 As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING 14 PRODUCT listed in YOUR responses to Interrogatories No. 29 and 31 15 did DEFENDANT warn of the health hazards of asbestos? If so, state 16 for each such warning: 17 " A. The content, size, color, and location; whether the 18 warning appeared on the material and/or on the container, and/or was 19 placed on a tag; whether the warning was included in contracts; 20 whether the warning was included in advertising or other promotional 21 materials. 22 23 24 warning; B. State whether you have any photographs thereof; 'C. The inclusive dates on which you used each such 25 D. State all changes you made in such warnings -and the 26 dates of such changes; and 27 E. Identify the person most knowledgeable about your -40- 1 warnings and warning policy. 2 RESPONSE TO INTERROGATORY NO. 37: 3 Not applicable. 4 INTERROGATORY NO. 38: 5 With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, 6 state whether THIS DEFENDANT'S name, a trademark, logos, color 7 coding, or other identifying markings ever appeared on the actual 8 product itself. If so, IDENTIFY each such product, state when the 9 practice to place such identifying markings upon the product was 10 begun and when it ended, if applicable, and describe in detail the 11 pertinent marking(s) and-the purpose, if any, of such markings. 12 RESPONSE TO INTERROGATORY NO. 38; 13 Not applicable. 14 INTERROGATORY NO. 39: 15 Between the years 1930 to 1985, did THIS DEFENDANT purchase or 16 otherwise acquire any ASBESTOS-CONTAINING PRODUCT lines from another 17 person or entity? If so, state for each such purchase*. 18 A. Date of purchase or acquisition; 19 B. Terms of purchase or acquisition agreement; 20 C. Either (1) attach all DOCUMENTS evidencing said 21 acquisition, or (2) attach disks containing such data, or (3) 22 describe such DOCUMENTS with sufficient particularity that they may 23 be made the'subject of a request for production of documents; 24 D. Trade, brand, and/or generic name of each such 25 product line so acquired; 26 E. Name of the person or entity from whom YOU 27 purchased or acquired each such ASBESTOS-CONTAINING PRODUCT line; -41- 1 and 2 F. Location of any manufacturing facilities so 3 acquired, and the type of ASBESTOS-CONTAINING PRODUCTS manufactured 4 therein. 5 RESPONSE TO INTERROGATORY NO. 39: 6 ' No. 7 INTERROGATORY NO. 40; 8 Between the years 1930 to 1985, did THIS DEFENDANT sell any 9 ASBESTOS-CONTAINING PRODUCT line to another person or entity? If so, 10 state for each such sale: 11 A. Date of sale; 12 B. Terms of sales agreement; 13 C. Either (1) attach all DOCUMENTS evidencing said 14 sale, or (2) attach disks containing such data, or (3) describe such 15 DOCUMENTS with sufficient particularity that they may be made the 16 subject of a request for production of documents; 17 -- D. Trade, brand, and/or generic name of each such 18 product line sold; 19 E. Name of person or entity to whom you sold each such 20 ASBESTOS-CONTAINING PRODUCTS line; and 21 F. Location of any manufacturing facilities so sold, 22 and the type of ASBESTOS-CONTAINING PRODUCTS manufactured therein. 23 RESPONSE TO 'INTERROGATORY NO. 40; 24 No. 25 INTERROGATORY NO. 41: 26 IDENTIFY all brochures, pamphlets, catalogs or other 27 advertising relating to ASBESTOS-CONTAINING PRODUCTS and/or RAW -42- 1 ASBESTOS which THIS DEFENDANT manufactured; sold, distributed or 2 supplied from the year 1930 to 1985. For each such document, state: 3 A. A description of the document; 4 B. The year it was printed; 5 C. The period of time in which it was used; 6 D. The purpose of such document; 7 E. Whether the documents or copies of said documents 8 presently exist; 9 F. If said documents or copies still exist, where they 10 are located; and 11 G. The IDENTITY of the custodian of such documents. 12 RESPONSE TO INTERROGATORY NO. 41: 13 Not applicable. 14 INTERROGATORY NO. 42: 15 State if YOU have or had within YOUR corporate or other 16 business structure any CONTRACT UNITS. 17 RESPONSE- TO INTERROGATORY NO. 42: 18 No. 19 INTERROGATORY NO. 43; 20 State whether or not any of YOUR CONTRACT UNITS installed 21 and/or removed RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in 22 the GEOGRAPHIC AREA at any time between 1930 and 1985. If so: 23 A. State the business addresses and name of the 24 CONTRACT UNIT; 25 B. State the inclusive periods of time the CONTRACT 26 UNITS were working in the GEOGRAPHIC AREA; 27 C. State the name and address of each job site within -43- 1 the GEOGRAPHIC AREA and the dates the CONTRACT UNIT worked at those 2 job sites, and, IDENTIFY the RAW ASBESTOS and/or ASBESTOS-CONTAINING 3 PRODUCTS installed or removed on each occasion; 4 D. Either (1) attach all DOCUMENTS evidencing the 5 information sought in this Interrogatory and its subparts to your 6 answers to these Interrogatories, or (2) attach disks containing 7 such data, or (3) describe such DOCUMENTS with sufficient 8 particularity that they may be made the subject of a request for 9 production of documents. 10 RESPONSE TO INTERROGATORY NO. 43: 11 Not applicable. 12 INTERROGATORY NO. 44: 13 When do YOU contend that THIS DEFENDANT first became aware 14 that there is an association between asbestos exposure and disease 15 in human beings? 16 RESPONSE TO INTERROGATORY NO. 44: 17 ~ Defendant has conducted a diligent search and reasonable 18 inquiry in an attempt to respond to this interrogatory. Defendant 19 is unable to determine when it "first learned of hazards associated 20 with asbestos exposure." At the relevant times, Defendant was a 21 large company with tens of thousands of employees located in offices 22 and on projects throughout the United States and abroad. Defendant 23 was an engineering and construction company engaged in the design 24 and construction of large industrial facilities. Defendant was 25 never a manufacturer or supplier of asbestos-containing products. 26 Defendant has not been able to determine a specific date 27 in response to this interrogatory, because it is not feasible to -44- 1 interview thousands of employees and prior employees regarding this 2 issue. However, Defendant has determined that an article was 3 published in the April 2, 1970 edition of a magazine called 4 Engineering News Record (ENR) entitled "Loose Asbestos Fiber Seen as 5 Cancer Threat to Men in Building Trades". ENR was a bi-weekly trade 6 magazine read by many engineering professionals, such as those 7 employed by Defendant. Defendant believes that it is likely that 8 some Defendant employees may have read the ENR article noted above. 9 With the advent of OSHA regulations in 1972, information 10 was available to contractors such as Defendant that safety 11 precautions were necessary for persons working in close proximity to 12 asbestos-containing materials. 13 INTERROGATORY NO. 45: .14 How do YOU contend that THIS DEFENDANT first became aware that 15 there is an association between asbestos exposure and disease in 16 human beings. 17 RESPONSE TO INTERROGATORY NO. 45: 18 See Response to Interrogatory No. 44, fully incorporated 19 herein by reference. 20 INTERROGATORY NO. 46; 21 Either (1) attach all DOCUMENTS evidencing the information 22 upon which YOUR contentions in YOUR answers to Interrogatories No. 23 44 and No. 45 are based, or (2) attach disks containing such data, 24 or (3) describe such DOCUMENTS with sufficient particularity that 25 they may be made the subject of a request for production of 26 documents. 27 /// -45- 1 RESPONSE TO INTERROGATORY NO. 46: 2 See Response to Interrogatory No. 44. 3 INTERROGATORY' NO. 47: 4 When did THIS DEFENDANT first warn its employees that exposure 5 to asbestos could be hazardous to human health? State: 6 A. Whether the first such warning was written or oral; 7 B. Whether copies of DOCUMENTS containing such warning 8 exist; 9 C. The IDENTITY of the custodian of such DOCUMENTS; 10 D. The content of the warning. 11 RESPONSE TO INTERROGATORY NO. 47; 12 Defendant has conducted a diligent search and reasonable 13 inquiry in an attempt to respond to this interrogatory. Defendant 14 is unable to determine when it first warned of hazards associated 15 with asbestos exposure. At the relevant times. Defendant was a 16 large company with tens of thousands of employees located in offices 17 and on projects throughout the United States and abroad. Defendant 18 was an engineering and construction company engaged in the design 19 and construction of large industrial facilities. Defendant was 20 never a manufacturer or supplier of asbestos-containing products. 21 Defendant has not been able to determine a specific date 22 in response to this interrogatory, because it is not feasible to 23 interview thousands of employees and prior employees regarding this 24 issue. 25 With the advent of OSHA regulations in 1972, Defendant 26 complied with requirements of those regulations. 27 Ill -46- 1 INTERROGATORY NO. 48: 2 Did THIS DEFENDANT ever issue a written COMPANY policy 3 discontinuing warning its employees that exposure to asbestos could 4 be hazardous to human health? If so, 5 A. Provide the date; 6 B. .Describe the circumstances; and 7 C. Either (1) attach all DOCUMENTS evidencing the 8 information sought in this Interrogatory and its subparts to your 9 answers to these Interrogatories, or (2) attach disks containing 10 such data, or (3) describe such DOCUMENTS with sufficient 11 particularity that they may be .made the subject of a request for 12 production of documents. 13 RESPONSE TO INTERROGATORY NO. 48: 14 On information and belief, Defendant responds: no. 15 INTERROGATORY NO. 49: 16 Did THIS DEFENDANT provide any Independent Contractor or 17 Subcontractor within the GEOGRAPHIC AREA with a written warning that 18 exposure to asbestos could be hazardous to human health. 19 RESPONSE TO INTERROGATORY NO. 49: 20 Defendant has conducted a diligent search and reasonable 21 inquiry in an attempt to respond to this interrogatory. Defendant 22 is unable to determine what written warnings were provided to 23 independentcontractors or subcontractors on its projects regarding 24 asbestos. At the relevant times. Defendant was a large company with 25 tens of thousands of employees located in offices and on projects 26 throughout the United States and abroad. Defendant was an 27 engineering and construction company engaged in the design and -47- 1 construction of large industrial facilities. Defendant was never a 2 manufacturer or supplier of asbestos-containing products. 3 Defendant has not been able to determine a specific 4 response to this interrogatory, because it is not feasible to 5 interview thousands of employees and prior employees regarding this 6 issue. 7 With the advent of OSHA regulations in 1972, Defendant 8 complied with requirements of those regulations. 9 INTERROGATORY NO. 50: 10 Has THIS DEFENDANT been cited for or otherwise charged by a 11 public agency with a violation in the GEOGRAPHIC AREA of any 12 statute, ordinance, safety order, regulation, or law pertaining to 13 asbestos exposure? For each occasion, IDENTIFY: 14 A. The code section, safety order, statute, or 15 regulation for which THIS DEFENDANT had been cited or otherwise 16 charged; 17 -- B. The date(s) thereof; 18 C. The agency or other governmental unit which issued 19 the citation or otherwise charged YOU; 20 D. All persons known to YOU with information relevant 21 to the incident; 22 E. What was the ultimate resolution. 23 RESPONSE TO-INTERROGATORY NO. 50; 24 Defendant has conducted a diligent search and a 25 reasonable inquiry in an attempt to respond to this interrogatory 26 and based upon such and upon information and belief. Defendant 27 responds: No. -48- 1 INTERROGATORY NO. 51: 2 If THIS DEFENDANT has ever owned or operated a railroad, 3 state: 4 A. The IDENTITY of each such railroad, including the 5 name(s) of such railroad during the time period of YOUR ownership 6 and/or operation, the principal place of business of such railroad 7 and the dates of YOUR ownership and/or operation; 8 B. The geographic area of operation of such railroad; 9 C. The name(s) of such railroad prior to YOUR 10 ownership and/or operation; 11 D. The IDENTITY of the person or entity from whom YOU 12 purchased your ownership or operating interest, and the date of such 13 purchase; 14 E. The IDENTITY of the person or entity to whom YOU 15 sold your ownership or operating interest, and the date of such 16 sale ; 17 - F. Whether copies of DOCUMENTS evidencing your 18 ownership/operation and/or sale exist; 19 G. The IDENTITY of the Custodian of such DOCUMENTS; 20 H. To the extent that information has not been given 21 in answers to Interrogatory Nos. 32 and 33, the information 22 requested in Interrogatory Nos. 32 and 33, for each railroad owned 23 or operated -by YOU. 24 RESPONSE TO INTERROGATORY NO. 51: 25 Not applicable. 26 INTERROGATORY NO. 52: 27 If DEFENDANT has ever owned or operated a shipyard, state: -49- 1 A. The IDENTITY of each such shipyard, including the 2 name(s) of such shipyard during the time period of YOUR ownership 3 and/or operation, the place of business of such shipyard and the 4 dates of YOUR ownership and/or operation; 5 B. The name(s) of such shipyard prior to YOUR 6 ownership and/or operation; 7 C. The IDENTITY of the person or entity to whom YOU 8 sold your ownership or operating interest, and the date of such 9 sale ; 10 D. Whether copies of DOCUMENTS evidencing your 11 ownership/operation and/or sale exist; 12 E. Whether any representative of THIS DEFENDANT 13 attended the Maritime Commission Conference in December 1942 in 14 Chicago, Illinois? If so, IDENTIFY any such representative of THIS 15 DEFENDANT; 16 F. The IDENTITY of the Custodian of such DOCUMENTS; 17 ~ G. To the extent that information has not been given 18 in answers to Interrogatory No. 32, the information requested in 19 Interrogatory No. 32, for each shipyard owned or operated by YOU. 20 RESPONSE TO INTERROGATORY NO. 52: 21 Not applicable. 22 INTERROGATORY NO. 53: 23 At any time between 1930 and 1985, did you import, export, 24 ship, transship or otherwise transport RAW ASBESTOS"or ASBESTOS25 CONTAINING PRODUCTS into, out of or through any port in the 26 GEOGRAPHIC AREA? If so, for each occasion: 27 A. IDENTIFY and describe the NATURE and amount of RAW -50- ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS; B. IDENTIFY the ship or ships (including the owners and operators thereof) onto or from which the RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS were loaded, unloaded or transshipped; occasion; C. State the dates, port and pier involved for each D. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they (nay be made the subject of a request for production of documents. RESPONSE TO INTERROGATORY NO. 53: No. THELEN, MARRIN, JOHNSON & BRIDGES LLP By -51- 1 VERIFICATION 2 3 4 I, Richard Pugliese, state: 5 I am Senior Paralegal of Bechtel Corporation, and am 6 duly authorized to make this Verification on its behalf. I 7 have read the foregoing SEQUOIA VENTURES INC.'S RESPONSES TO 8 PLAINTIFFS' STANDARD INTERROGATORIES TO ALL DEFENDANTS 9 PURSUANT TO GENERAL ORDER 129, and am informed and believe, 10 and on that basis state, that the matters contained therein 11 are true. 12 I certify under penalty of perjury under the laws of 13 the State of California that the foregoing is true and 14 correct. 15 16 Dated: June t? , 1997 17 18 19 20 21 22 23 24 25 26 27