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FILE NAME Kubota KUB DATE 2010 DOC KUB039 DOCUMENT DESCRIPTION Legal - Plaintiffs Requests for Admission to Defendant Kubota JEFFREY A. KAISER ESQ SBN 160594 T. SCOTT HAMES ESQ SBN 197574 2 LEVIN SIMES KAISER & GORNICK LLP 44 Montgomery Street 36th Floor 3 San Francisco California 94104 4 Telephone Facsimile 415 646-7160 415 981-1270 5 Attorneys for Plaintiffs RHODA EVANS AND BOBBY EVANS 6 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 Unlimited Jurisdiction 11 RHODA EVANS AND BOBBY EVANS ) Case No. BC418867 12 ) 13 Plaintiffs ) PLAINTIFFS REQUESTS FOR ) ADMISSION TO DEFENDANT KUBOTA 14 ) CORPORATION VS. ) 15 5 16 A.W. CHESTERTON COMPANY et al ) ) 17 Defendants ) ) 18 ) ) 19 ) 20 PROPOUNDING PARTIES RHODA EVANS AND BOBBY EVANS 21 RESPONDING PARTY KUBOTA CORPORATION 2222220 SET NO ONE 2222220 2222220 2222220 2222220 2222220 2222220 5681441 1 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION DEFINITIONS 2 1. The term YOU or YOUR shall refer to Kubota America Corporation Kubota Iron 3 and Machinery Works Kubota Corporation its officers directors partners employees 4 agents joint venturers parent entities predecessors subsidiaries divisions and contract 5 units 6 2. The term VOSS shall refer to A.H. Voss Company Voss International Corp. and Voss 7 International its officers directors partners EMPLOYEES agents joint venturers parent 8 entities predecessors subsidiaries divisions and contract units 9 3. The phrase CONTAINING MATERIALS ASBESTOS CONTAINING 1010 MATERIAL means any product which YOU know or believe to contain any amount of the 11 mineral asbestos including but not limited to any and all raw asbestos vermiculite amosite 12 tremolite chrysotile crocidolite asbestine and talc Also this phrase shall include any 1313 product which YOU know or believe to contain any amount of the mineral asbestos 14 including valves gaskets insulation insulating materials packing materials transite pipes asbestos pipe pipe insulation or other products containing any amount of asbestos 15 4. The term SOLD shall refer to sale shipment delivery provision and distribution 1517 5. DOCUMENTS shall mean writing as defined in California Evidence Code 250 which 18 includes without limitation all handwriting typewriting printing photostating 1919 photographing and every other means of recording upon any tangible thing any form of 2020 communication or representation including catalogs letters words pictures sounds or 2121 symbols or combinations thereof This term shall also include mail transmissions and 222222222 writings stored on all computer medium including hard disk drives floppy disk 222222222 drives Roms and DVDs and will be referred to below as documents 2222222222 6. EMPLOYEE shall refer to any individual currently or formerly in an employment 2222222222 relationship with DEFENDANT and any individual acting as a corporate officer and 222222222 serving as a consultant or independent contractor 2827 2828 5681441 2 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION 7. HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE shall refer to the risks of 2 the development of asbestos related lung disease including but not limited to mesothelioma 3 lung cancer asbestosis and pleural plaques . 4 IDENTIFICATION MARKINGS shall refer to any branding logo symbol sign 5 emblem badge insignia indication feature characteristic crest motif and mark 6 WORKSITES shall include but not be limited all sites located in Los Angeles County 7 CA wherein VOSS supplied ASBESTOS CEMENT PIPE 8 10. RESPIRATORY PROTECTION shall refer to any respiratory protective device 9 including but not limited to full or partial face coverings masks respirators filters 1010 cartridges canisters hoses straps air supply systems and linings designed to remove dust 1111 fibers ASBESTOS fumes and contaminants from the air 1212 11. SUPPLY or SUPPLIED or SUPPLIER shall refer to any entity engaged in selling 13 distributing making available providing leasing or otherwise transferring for value 14 12. The term SYSTEM OF DISTRIBUTION shall refer to distribution receiving from supplier warehousing shipping delivery and the manner in which all of the before is 16 accomplished 17 13. The term HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE shall refer to the 1718 development of asbestos related lung disease including but not limited to mesothelioma lung 19 cancer asbestosis and pleural plaques 2020 14. The term LOCATIONS shall refer to any and all retail stores wholesale stores shipping 2121 and receiving centers 2222 15. IDENTIFY with regard to a person or business means to state his or her or its name her or 2323 her place of employment or the business's address his or her job title present business or 2424 present or last known home address and present business telephone number 2525 16. IDENTIFY with regards to a DOCUMENT shall mean to state a the author b the 2626 addressee c the date of origin d the nature of the writing or document e.g. letter 2727 2828 5681441 3 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION telephone memorandum tape recording photograph etc. and present location and name the 2 present location and present address of the custodian thereof 3 17. The term WARNING shall refer to its ordinary meaning as referred to in Jury 4 Instruction 1205 of the Judicial Council of California Advisory Committee on Civil Jury 5 Instructions CACI 6 18. As used herein the term ACQUISITION means the purchase acquisition gain 7 possession merger attainment or acquirement of another entity 8 9 REQUESTS FOR ADMISSION 10 11 REQUEST FOR ADMISSION NO 1 12 Admit that on approximately June 29 2005 you made an announcement regarding the 13 occurrence of many occupational victims of asbestos as well as the victims of asbestos dust from 14 environmental exposure around the Kanzaki plant 15 REQUEST FOR ADMISSION NO 2 16 Admit that approximately 75 former workers of the Kanzaki Plant developed 17 mesothelioma as a result of their exposure to the plant's containing products and have 18 died as a result of this fatal disease 19 REQUEST FOR ADMISSION NO 3 20 Admit that you have compensated the surviving families of deceased workers of the 21 Kanzaki Plant who developed mesothelioma as a result of their exposure to the plant's asbestos- 22 containing products 23 REQUEST FOR ADMISSION NO 4 24 Admit that residents of Amagasaki City Japan developed fatal mesothelioma during and 25 after the years the Kanzaki Plant produced containing products as a result of exposure 26 to the Kanzaki Plant's containing products 27 /// 28 568144 1 4 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION REQUEST FOR ADMISSION NO 5 2 Admit that from 1962 through 1975 approximately 240,000 tons of asbestos was used at 3 the Kanzaki Plant in the production of asbestos water pipes and building material 4 REQUEST FOR ADMISSION NO 6 5 Admit that from 1962 through 1975 YOU were informed and had documentation 6 regarding the HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE and ASBESTOS 7 CONTAINING MATERIAL 8 REQUEST FOR ADMISSION NO 7 9 Admit that from 1962 through 1975 precautionary equipment was available to YOU to 10 protect YOUR employees from HAZARDS ASSOCIATED WITH EXPOSURE TO 11 ASBESTOS 1212 REQUEST FOR ADMISSION NO 8 13 Admit that YOU did not offer protective respiratory equipment to employees at all of 14 your asbestos cement pipe manufacturing facilities from 1962 through 1975 15 REQUEST FOR ADMISSION NO 9 16 Admit that YOU did not provide consumers of your produced containing 1517 products any WARNINGS about the HAZARDS RELATED TO ASBESTOS EXPOSURE with 18 the ASBESTOS CONTAINING MATERIAL YOU SOLD at any time from 1962 through 1975 19 REQUEST FOR ADMISSION NO 10 2020 Admit that YOU did not provide WARNINGS on any packaging or product itself 2121 associated with ASBESTOS CONTAINING MATERIAL YOU provided to consumers of your | | 2222 produced containing products from 1962 through 1975 2323 REQUEST FOR ADMISSION NO 11 2424 Admit that YOU did not provide any WARNINGS about the HAZARDS RELATED TO 2525 2626 2727 ASBESTOS EXPOSURE with the ASBESTOS CONTAINING MATERIAL YOU SOLD to VOSS at any time from 1962 through 1975 /// 2828 568144 1 S PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION REQUEST FOR ADMISSION NO 12 . 2 Admit that YOU did not provide WARNINGS on any packaging or product itself 3 associated with ASBESTOS CONTAINING MATERIAL YOU provided to VOSS at any time 4 from 1962 through 1975 5 REQUEST FOR ADMISSION NO 13 6 Admit that YOU did not provide any WARNINGS about the HAZARDS RELATED TO 7 ASBESTOS EXPOSURE with the ASBESTOS CONTAINING MATERIAL YOU SOLD to the 8 Los Angeles Department of Water and Power at any time from 1962 to1975 9 REQUEST FOR ADMISSION NO 14 10 Admit that YOU did not provide WARNINGS on any packaging or product itself 11 12 12 1313 1414 1515 1616 1717 1818 1919 2020 associated with ASBESTOS CONTAINING MATERIAL YOU provided to the Los Angeles Department of Water and Power at any time from 1962 1975 REQUEST FOR ADMISSION NO 15 Admit that YOU were aware of the asbestos fiber release that occurred when ASBESTOS CONTAINING MATERIALS YOU manufactured and supplied to VOSS were cut with a power saw at any time from 1962 through 1975 REQUEST FOR ADMISSION NO 16 Admit that YOU SOLD KUBOTA ASBESTOS CEMENT PIPE to VOSS from 1962 through 1975 REQUEST FOR ADMISSION NO 17 2121 Admit that YOU knew VOSS SOLD KUBOTA ASBESTOS CEMENT PIPE in Los 2222 2323 2424 2525 Angeles County from 1962 through 1975 REQUEST FOR ADMISSION NO 18 Admit that you had an exclusive distribution agreement with VOSS under which VOSS SOLD KUBOTA ASBESTOS CEMENT PIPE in California from 1962 through 1975 26 ||| 2727 /// 2828 5681441 6 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION REQUEST FOR ADMISSION NO 19 2 Admit that you had an exclusive distribution agreement with VOSS under which VOSS 3 SOLD KUBOTA ASBESTOS CEMENT PIPE in Los Angeles County from 1962 through 1975 4 REQUEST FOR ADMISSION NO 20 5 Admit KUBOTA ASBESTOS CEMENT PIPE was supplied to VOSS without any 6 printed warnings affixed to the pipe from 1962 through 1975 7 REQUEST FOR ADMISSION NO 21 8 Admit KUBOTA ASBESTOS CEMENT PIPE was supplied to VOSS without any 9 printed warning materials from 1962 through 1975 10 REQUEST FOR ADMISSION NO 22 11 Admit that between the years 1962 and 1975 YOU knew of the HAZARDS 12 ASSOCIATED WITH ASBESTOS EXPOSURE 13 REQUEST FOR ADMISSION NO 23 14 Admit that KUBOTA ASBESTOS CEMENT PIPE that YOU SOLD TO VOSS 15 CONTAINED CROCIDILITE from 1962 through 1975 16 REQUEST FOR ADMISSION NO 24 1617 Admit that VOSS stamped KUBOTA ASBESTOS CEMENT PIPE with a logo that 18 consisted of Voss on a triangle and Kubota underneath the triangle from 1962 through 1919 1975 2020 REQUEST FOR ADMISSION NO 25 2121 Admit that YOU did not warn users of KUBOTA ASBETOS CEMENT PIPE to use 2222 RESPIRATORY PROTECTION when working with KUBOTA ASBESTOS CEMENT PIPE 2323 from 1962 through 1975 2424 REQUEST FOR ADMISSION NO 26 2525 Admit that YOU did not warn users of KUBOTA ASBETOS CEMENT PIPE to use 2626 RESPIRATORY PROTECTION when cutting KUBOTA ASBESTOS CEMENT PIPE from 2727 1962 through 1975 2828 568144 1 7 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION REQUEST FOR ADMISSION NO 27 2 Admit that YOU did not tell VOSS to warn users of KUBOTA ASBETOS CEMENT 3 PIPE to use RESPIRATORY PROTECTION when working with KUBOTA ASBESTOS 4 CEMENT PIPE from 1962 through 1975 5 REQUEST FOR ADMISSION NO 28 6 Admit that YOU did not tell VOSS to warn users of KUBOTA ASBETOS CEMENT 7 PIPE to use RESPIRATORY PROTECTION when cutting KUBOTA ASBESTOS CEMENT 8 PIPE from 1962 through 1975 9 REQUEST FOR ADMISSION NO 29 1010 Admit that YOU did not require VOSS to warn users of KUBOTA ASBETOS CEMENT 1111 PIPE to use RESPIRATORY PROTECTION when working with KUBOTA ASBESTOS CEMENT PIPE from 1962 through 1975 12 REQUEST FOR ADMISSION NO 30 14 Admit that YOU did not require VOSS to warn users of KUBOTA ASBETOS CEMENT PIPE to use RESPIRATORY PROTECTION when cutting KUBOTA ASBESTOS CEMENT 15 PIPE from 1962 through 1975 17 REQUEST FOR ADMISSION NO 31 1518 Admit that YOU do not know the SYSTEM OF DISTRIBUTION VOSS used to 19 distribute KUBOTA ASBESTOS CEMENT PIPE in Los Angeles County California from 1962 2020 through 1975 2121 REQUEST FOR ADMISSION NO 32 2222 Admit that YOU do not know the WORKSITES where VOSS distributed KUBOTA 2323 ASBESTOS CEMENT PIPE from 1962 through 1975 2424 REQUEST FOR ADMISSION NO 33 2525 2626 2727 2828 Admit that KUBOTA ASBESTOS CEMENT PIPE that YOU SOLD TO VOSS IN CONTAINED CROCIDILITE from 1962 through 1975 /// 568144 1 8 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION REQUEST FOR ADMISSION NO 34 2 Admit that YOU did not warn VOSS of the HAZARDS ASSOCIATED WITH 3 ASBESTOS EXPOSURE from 1962 through 1975 4 REQUEST FOR ADMISSION NO 35 5 Admit that YOU knew that consumers were cutting KUBOTA ASBESTOS CEMENT 6 PIPE with power saws from 1962 through 1975 7 REQUEST FOR ADMISSION NO 36 8 Admit that from 1962 through 1975 YOU knew that when consumers cut KUBOTA 9 ASBESTOS CEMENT PIPE with power saws that asbestos fiber would be released into the air 10 REQUEST FOR ADMISSION NO 37 11 Admit that printed warnings regarding asbestos dust were on the bags of JOHNS- 12 MANVILLE asbestos fiber you were supplied by TOKYO KOGYO BOEKI SHOKAI for the 13 production of KUBOTA ASBESTOS CEMENT PIPE from 1962 through 1975 14 REQUEST FOR ADMISSION NO 38 15 Admit that YOU SOLD KUBOTA ASBESTOS CEMENT PIPE to VOSS from 1962 1616 through 1975 17 REQUEST FOR ADMISSION NO 39 18 Admit that YOU knew VOSS SOLD KUBOTA ASBESTOS CEMENT PIPE in Los 19 Angeles County from 1962 through 1975 1920 REQUEST FOR ADMISSION NO 40 2121 Admit that Rhoda Evans has mesothelioma caused by asbestos exposure 2222 2323 /// 2424 /// 2525 /// 2626 /// 2727 /// 2828 568144 1 9 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION . 1 REQUEST FOR ADMISSION NO 41 2 Admit that YOU contributed to Rhoda Evans mesothelioma 3 4 Dated . February 2010 5 6 D D 7 T. Scott Hames D 8 Attorneys for Plaintiffs 9 10 1011 1212 1313 14 15 15 16 17 18 2 222 222222 222222 2 2 2 02 2 2 0 222222002220 2222220022222200 222222002 2 2 0 2222220026 2222220027 222222002220 5681441 10 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION PROOF OF SERVICE 18 2 I certify that I am over the age of 18 years and not a party to the within action that my business addressis 44 Montgomery St. 36th Floor San Francisco CA 94104 and that on the 3 date last written I served a true copy of the document entitled. 4 PLAINTIFFS SPECIAL INTERROGATORIES TO DEFENDANT KUBOTA CORPORATION 5 6 Service was effectuated by forwarding the above document in the following manner 7 XX By Regular Mail in a sealed envelope addressed as noted below with postage fully 8 prepaid and placing it for collection and mailing following the ordinary business practices of Levin Simes Kaiser & Gornick LLP 9 THOMAS C. CORLESS ESQ 10 AIDE C. ONTIVEROS ESQ WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 12 555 S. FLOWER STREET SUITE 2900 12 LOS ANGELES CA 90071 1313 [ 14 By Facsimile to the number as noted below by placing it for facsimile transmittal following the ordinary business practices of Levin Simes Kaiser & Gornick LLP 1515 [] 1616 ] 17 1718 [ 1919 2020 By Hand Delivery in a sealed envelope addressed as noted below through services provided by WorldWide Messenger and billed to Levin Simes Kaiser & Gornick LLP By Overnight Courier in a sealed envelope addressed as noted below through services provided by Federal Express UPS and billed to Levin Simes Kaiser & Gornick LLP On the date executed below I electronically served the document via LexisNexis File & Serve on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve website FebruaFreybru9ary 2121 I certify under penalty of perjury under the laws of the State of California foregoingis true and correct and that this proof of service was executed on the , 2010 at 2222 San Francisco California -- ------ -- -- 2323 2424 Liza Paralegal 2525 2626 2727 Rhoda Evans et al vs. W. Chesterton Company et al Los Angeles County Superior Court Case No. BC418867 2828 568144 1 11 PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT KUBOTA CORPORATION