Document RjdwGXNy9487KR6m5yQ9zLMNB
FILE NAME: Calaveras (CALV)
DATE: 1998
DOC#: CALVO 18
DOCUMENT DESCRIPTION: Legal - Further Answers of Defendant to Standard Interrogatories
DOUGLAS GARTH WAH, SBN 64692 ADAMS NYE SINUNU * WALKER One Jackson Place 633 Battery Street, 5th Floor San Francisco, California 94111
Telephone: (415)982-8955
____ PARA ____ ATTV CLASS
RECEIVED
OTHER RLE
J l l 2 7 1998
BRA YTO N H ARLEY C U R TIS HAND OVilkCHT__ MAIL
Attorneys for Defendant CALAVERAS ASBESTOS, LTD.
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SUPERIOR COURT OF CALIFORNIA
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IN AND FOR THE COUNTY OF SAN FRANCISCO
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11 In re: Complex Asbestos Litigation 12 13 14 15 16
) No. 828684 ) ) FURTHER ANSWERS OF ) DEFENDANT CALAVERAS ) ASBESTOS. LTD. TO STANDARD ) INTERROGATORIES ) (GENERAL ORDER 129)
) ) )
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COM ES NOW , defendant Calaveras Asbestos, Ltd. ("CALAVERAS") and
18 responds further to plaintiffs' Standard Interrogatories to Defendants (General Order 129),
19 and without waiving any o f it's rights and objections, states as follows:
20 RESPONSE TO INTERROGATORY N O. 1 :
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Daryl Larsen _-
.
22j RESPONSE TO INTERROGATORY NO. 2 :
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Daryl Larsen 11/10/75 - 1988.
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a) Controller
251 RESPONSE T O INTERROGATORY N O. 3 :
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N/A.
27 RESPONSE TO INTERROGATORY NO. 4 :
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i No. RESPONSE TO INTERROGATORY NO. S : N/A.
4 RESPONSE TO INTERROGATORY N O . 6 :
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Limited partnership
RESPONSE TO INTERROGATORY N O . 7 :
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Gordon Coats
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Wilbur EUis Corporation
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Calaveras Natural Resources Inc.
10 RESPONSE T O INTERROGATORY N O . 8 :
11
All listing records and documents, are located at Calaveras Asbestos Mines. P.O .
| 12 Box 127, Copperopolis, CA . 95228. The custodian o f records for CALAVERAS is Daryl
131 Larsen, Box 127, Copperopolis, CA 95228. Arrangements to review any such existing
14 documents should be made by contacting Douglas G. W ah, counsel for CALAVERAS.
15 RESPONSE TO INTERROGATORY NO. 9 :
m
See CALAVERAS' RESPONSE TO INTERROGATORY NO. 8
17 RESPONSE TO INTERROGATORY NO. 10 :
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N/A. CALAVERAS did not "acquire'' either "RAW ASBESTOS and/or ASBESTOS
19 CONTAINING PRODUCTS", as the word "acquire" is commonly used, CALAVERAS
20 owned, operated, and maintained an asbestos mine and only supplied other entitles w ith raw
21 asbestos fibers.
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22 RESPONSE TO INTERROGATORY NO. 11 :
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N/A. CALAVERAS owned, operated, and maintained an asbestos mine and only
24 supplied other entities w ith raw asbestos Fibers, CALAVERAS did not market ASBESTOS
25 CONTAINING PRODUCTS.
26 RESPONSE TO INTERROGATORY NO. 12 :
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N/A
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1 RESPONSE T O INTERROGATORY NO. 13 :
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CALAVERAS was a member o f the Asbestos Information. Association (A1A).
3 CALAVERAS was not a member of any of the other listed organizations. (V.)
4 CALAVERAS was a member o f The California M ining Association. (W ). CALAVERAS did
5 not sponsor a representative member at any of the listed organizations,
6 RESPONSE TO INTERROGATORY NO. 14 :
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A . CALAVERAS was a member o f Urn AIA between 1976 and 12/31/87.
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B. None.
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C . None.
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A. CALAVERAS was a member o f the California M ining Association between
n 1975 and 1987.
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B. None
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C. None
14 RESPONSE T O INTERROGATORY NO. 1 5 1
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- No. CALAVERAS was not formed until 1975.
16| RESPONSE TO INTERROGATORY NO. 16 :
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No. CALAVERAS was not formed until 1975.
18 RESPONSE T O INTERROGATORY NO. 17 :
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No. CALAVERAS was not formed until 1975.
20 RESPONSE T O INTERROGATORY NO. IS :
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No. CALAVERAS was dm formed until T975.
22 RESPONSE TO INTERROGATORY NO. 19 :
*23
Yes. CALAVERAS communicated with various companies including Johns-
24 Mansville, as well as various Federal, State and local agencies regarding the results o f tests
25 and studies relating to the passible physiological reaction(s) to asbestos exposure.
26 CALAVERAS is unable to recall each company or individual with whom such
271 communication occurred, nor the specific dates o f such communications. The custodian of
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II way records far CALAVERAS which axe responsive to this interrogatory is Daryl Larsen
2y Box 127, Copperopolis, CA 5228. A rrangem ent to review any such existing docm wnls
31 should be made by contacting Douglas G. W ah, counsel for CALAVERAS.
RESPONSE TO INTERROGATORY N O . 20 :
No.
RESPONSE TO INTERROGATORY NO. 2 1 :
N/A. CALAVERAS owned, operated, and maintained an asbestos mine and only
supplied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process
9 l o r assemble ASBESTOS CONTAINING PRODUCTS.
10| RESPONSE T O INTERROGATORY NO. 2 2 :
III
N/A. CALAVERAS owned, operated, and maintained an asbestos mine and only
121 supplied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process
13 or assemble ASBESTOS CONTAINING PRODUCTS which were installed, utilized or
14 removed. 15 RESPONSE T O INTERROGATORY N O . 23 :
16
No.
17| RESPONSE T O INTERROGATORY NO. 24 :
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Yes.
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a) Yes
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b) Mandatory
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c) Unknown at this time. Discovery is still continuing.
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d) The custodian o f any records for CALAVERAS which are responsive 10 this
'23 interrogatory Is Daryl Larsen, Box 127, Copperopolis, CA 95228. Arrangements to review
24 any such existing documents should be made by contacting Douglas G. Wah, counsel for
25 CALAVERAS.
26 RESPONSE TO INTERROGATORY NO. 25 :
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No. CALAVERAS was not formed until 1975.
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l l RESPONSE T O INTERROGATORY N O . 26 :
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The effective dates, amounts and periods of coveragc for cad i o f the following
3) policies are as follows: 4 Policy No,;
fcffcenvs.Datg$: Coverage: Umits:
5 5578-89-06 5271-3563
6 1155-9097
271-00-14 7 5420-08-75
1155-90-98
8| M866522
Truck Ins. Exch. M id-Ceunuy Truck Ins. Exch Mid-Century Ins. Track Ins. Truck Ins. M ission Insurance
1 2 /l/7 5 to l2 /l/7 6 -12/1/75-12/1/76
12/1/76 to 12/1/82 12/76 to 12/76 12/1/75 to 12/1/76 12/1/76 to 12/10/80 12/1/80 to 12/1/81
P rim ary Excess Primary Excess U m brella Umbrella Umbrella
S 100,000 100.000 400,000 400,000 5.000,000 5,000,000
10.000,000
9 RESPONSE TO INTERROGATORY N O . 27 :
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No.
11 RESPONSE TO INTERROGATORY NO. 2 8 :
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a) 1/76 - 12/87
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b) 1/76 -12/87
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c) 1/76 -12/87
15 . d) N /A
Id
e)M /A
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0 1/76 - 12/87
18B
g) N/A
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h) 11/75 - 12/87
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D N /A
21 RESPONSE T O INTERROGATORY N O . 29 t.-
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a) Calaveras Asbestos Ltd.
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b) In December 1975 an amount of raw asbestos fiber was exported on a test basis.
24! The first domestic sale o f raw asbestos fiber by CALAVERAS occurred in March, 1976.
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c) December, 1987
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d) The grades o f raw asbestos fib e rs, before 1980 were: 4t, 5r, 5k, 6r, 6d, 7d, 7m,
27 and 7r. A fter 1980, only the following grades were mined by CALAVERAS; 4t, 5 r and 6d.
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5
J Please see (be M aterial Safety Data Sheet attached hereto as 'Exhibit A ".
2
e) Please see the Material Safety Data Sheet attached hereto as "Exhibit A' and the
3 reproduction of a CALAVERAS padcage/container attached hereto as "Exhibit B".
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f) Calaveras Asbestos products were intended for asbestos cement products.
I
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g) No
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h) H ie custodian o f any records for CALAVERAS which are responsive to this
I 7 interrogatory is Daryl Larsen, Box 127, Copperopolls. CA 95228. Arrangements to review
*
8 any such existing documents should be made by contacting Douglas G. Wah, counsel for
9 CALAVERAS.
HOi
i) The custodian o f any records for CALAVERAS which are responsive to this
11 interrogatory is D aryl Larsen, Box 12?, Copperopolls, CA 95228. Arrangements to review 121 any such existing documents should be made by contacting Douglas G. W ah, counsel for
13 CALAVERAS.
14 RESPONSE TO INTERROGATORY NO. 30 :
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No. CALAVERAS owned, operated, and maintained an asbestos mine and only
16 supplied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process
17 or assemble ASBESTOS CONTAINING PRODUCTS.
18 RESPONSE T O INTERROGATORY NO. 3 1 :
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N/A.
20 RESPONSE TO INTERROGATORY NO. 32 :
*
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N /A .
-r
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N/A.
2 4 | RESPONSE T O INTERROGATORY NO. 34 s
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No.
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27 RESPONSE T O INTERROGATORY xNO. 35 ;
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No. CALAVERAS owned, operated, and maintained an asbestos mine and only
2 supplied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process
3 or assemble ASBESTOS CONTAINING PRODUCTS.
4 RESPONSE T O INTERROGATORY NO. 3 6 :
5
No. CALAVERAS owned, operated, and maintained an asbestos mine and only
6 supplied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process
7 o r assemble ASBESTOS CONTAINING PRODUCTS.
8 RESPONSE TO INTERROGATORY N O . 3 7 :
9
Yes.
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a) Please see "Exhibits C l f t C2". reproductions o f die warnings which were
11 {Hinted and placed on each package o r container of CALAVERAS raw asbestos fiber which
12 left the facility.
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b) No.
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c) 1976 - 1987
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d) All changes,if any, were made promptly at OSHA requests. The dates o f such
k
16 changes are unknown at this time.
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e) Gordon Coats
18 RESPONSE T O INTERROGATORY NO. 38 :
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No. CALAVERAS owned, operated, and maintained an asbestos mine and only
a
20 supplied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process
21 o r assemble ASBESTOS CONTAINING PRODUCTS.
22 RESPONSE TO INTERROGATORY NO. 39 :
'23
No.
24 RESPONSE TO INTERROGATORY NO. 40 :
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No.
26 RESPONSE TO INTERROGATORY N O . 4 1 :
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None.
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l
1 RESPONSE TO INTERROGATORY NO. 42 :
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No.
3 RESPONSE TO INTERROGATORY N O. 43 :
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WA.
5 RESPONSE TO INTERROGATORY N O. 44 :
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Various members of CALAVERAS were aware o f an association between asbestos
7 exposure and disease in human beings in varying degrees. CALAVERAS did not come into *
8 existence as an entity until 1975 by which date the dangers involved in working w ith and/or
9 around asbestos were common knowledge.
10 RESPONSE T O INTERROGATORY NO. 45 :
11
By 1975. When CALAVERAS came into existence, die dangers associated with
12 working with and/or around asbestos were commonly known to the community at large,
13 including CALAVERAS. Various members o f CALAVERAS became aware o f an
14 association between asbestos exposure and disease in human beings prior to the formation of
15| CALAVERAS, through varying means, including, but not limited to news media, television
X6| and radio reports, newspapers, correspondence and communication with various
17 manufacturers. Federal. State and local agencies and publications, and scientific and trade
18 association publications. These news reports, etc., were not documents maintained by
19 CALAVERAS, having pre-dated the formation o f the corporation, and therefore cannot be
20 produced.
_
21 RESPONSE T O INTERROGATORY NO. 4 : :
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Because CALAVERAS was aware o f the association between asbestos exposure and
23 disease in human beings at die rime it came into existence in 1975, there are no
24 DOCUMENTS which are responsive to this Interrogatory, which assumes acquisition o f this
25 knowledge at some specific point in time.
26
RESPONSE TO INTERROGATORY NO. 47 :
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a) CALAVERAS did not exist until 1975. In 197$, CALAVERAS advised its
2 employees, both in writing, and orally o f the alleged danger o f asbestos exposure, which by
3 then were well known. A ll new employees were given %40 hour safety training program
4 regarding the potential dangers associated w ith working with and around asbestos. Some of
5 the training m aterials, consisting mainly o f videotapes, are still in existence. Copies o f such
6 materials, o r arrangements to view the videotaped training materials, w ill be provided upon
7 written request to Douglas G . W ah, counsel for CALAVERAS.
3
b) The employee safety training program included lectures and videotapes as well as
9 some w ritten m aterials. Copies o f the materials still existing are located at the offices o f
10 Adams N ye Stnunix W alker LLP, and may be reviewed on reasonable w ritten notice.
11
c) The custodian o f records for CALAVERAS is Daryl Larsen, Box 127.
12 Copperopolis, CA 95228. Arrangements to review any documents should be made by
13 contacting Douglas G . W ah, counsel for CALAVERAS.
14
d) The 'content o f the warning" was a 40 hour Training program, mandatory for all
15 employees prior to being allowed to w ork for CALAVERAS. The only remaining
16 DOCUMENTS, as feat term is herein defined, which contain fee 'content o f fee w arning' ate
17 contained in various videotapes and certain health and safety articles. An opportunity to 18 view these tapes, and articles related to subjects such as 'bronchitis', 'smoking', etc., will be
19 provided upon w ritten request to Douglas G. Wah, counsel for CALAVERAS.
20 RESPONSE TO INTERROGATORY N O . 48 :
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No.
' **
22 RESPONSE TO INTERROGATORY N O . 49 ;
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Yes.
24 RESPONSE T O INTERROGATORY N O. 50 :
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Yes. See "Exhibit D*.
26
27 RESPONSE TO INTERROGATORY NO. 51 :
2S
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N /A . RESPONSE T O INTERROGATORY NO. 52 :
N /A .
RESPONSE TO INTERROGATORY NO. 53 ;
5
Yes. Documents responsive to this Interrogatory ere available at the offices o f
6 Adams Nye Sinumi W alker LLP, and will be matte available for review and/or copying "P011
7 reasonable w ritten notice to Douglas G. W ab. Esq., counsel for CALAVERAS.
8 9 Dated: 10
ADAMS NYE * SINUNU WAUCER
n
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VBM M CA33QB
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I, DARYL LARSEN, d eclu e: * 1 am ilie f im c r C autioner o f Calaveras A sbestos, L id ., the defendant in the above*
3 entitled action. Tbc to iegoia* FURTH ER A NSW ERS T O G EN ER A L O RDER 1 2 6 IN T E R R O G A T O R IE S FO R CALAV ER AS A SBESTO S L T D ,, are Hue o f m y know ledge,
7 excep t a t id those n utters which are therein staled on m y inform ation and b elief a n d , w
S thorn m itte n , I befiawe them to b e true.
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I declare under penalty o f perjury under the lawa o f the State o f C alifornia d ial the
t o foregoing it true rad correct.
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E aeanad on this l < t ~ dav o f J u t *
12 th e C am ay o f T uolum ne.
. 1998 In the State o f C alifornia and
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PRO O F O F SERVICE BY HAND DELIVERY
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L, ERIN GIBBONS, the undersigned, say:
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1 am now and at all tim herein mentioned have been over the age o f 18 years, a
resident of and employed in San Francisco County. California, and not a party to the within
4 action or cause; that my business address is 633 Battery Street, Fifth Floor, & n Francisco,
California 94111. I served copies o f the attached document^}:
5
FURTHER AMENDED ANSWERS TO DEFENDANT CALAVERAS ASBESTOS, LTD
6 TO STANDARD INTERROGATORIES (GENERAL ORDER 1209)
7 by causing them to be band delivered to the following address on M y 10,1998:
FRANCINE S . CUR1 * BRAYTON HARLEY 9 222 RUSH LANDING ROAD
NOVATO, CALIFORNIA 94948 10
11 foregoing is true and correct aod that
voder the laws o f the State o f California d a l the Declaration was executed on July 9, 1998.
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13
ERIN GIBBONS
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court Action MO, I2M*4
Ca*o MM: In a*, Cooolnx Aabaato Litigation
nt in * no. ckci-m i Kauwoni asbestos lt.i
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