Document a1mMj1gwJb0rrrLMGD6705ymR
FILE NAME: Metalclad (METC) DATE: 2016 May 27 DOC#: METC024 DOCUMENT DESCRIPTION: Legal - Deposition of Donald Trueblood
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF ALAMEDA
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DEAN LACY, Individually and )
as Successor-in-interest to )
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ARTHUR LACY; MELODY DONES, )
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Plaintiffs, ) case No. RG15764231
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vs.
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ALBAY CONSTRUCTION CO. et )
a l .,
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Defendants. )
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DEPOSITION OF DONALD TRUEBLOOD
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DATE:
May 27, 2016 (Friday)
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TIME:
10:16 a.m.
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LOCATION : 180 Grand Avenue
Oakland, CA 94612
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REPORTER: RENEE FLEMING, CSR
Certified Shorthand Reporter #13847
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EXAMINATION BY:
INDEX
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PAGE
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J. Bruce Jackson, Esq............................... 5
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Mr. Topolsky, Esq............................. 82, 85
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Jennifer O'Sullivan, Esq.......................... 84
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Richard D. Dumont, Esq............................ 85
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Appearance Page..................................... 3
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Exhibit Page........................................4
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Certified Questions............................. None
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Reporter's certificate Page.......
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APPEARANCES
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FOR THE PLAINTIFF KELLER, FISHBACK & JACKSON LLP
-Attorney at- Law
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28720 Canwood Street
Suite 200
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Agoura Hills, CA 91301
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PHONE: (818-342-7442
FAX: (818) 342-7616
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E-MAIL: bjackson@kfjlegal.com
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BY: j. Bruce Dackson, Esq.
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FOR THE DEFENDANT: DENTONS US LLP
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Attorney at Law
one Market Plaza
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24th Floor
San Francisco, c a 94105
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PHONE: (415) 267-4000
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FAX: (415) 267-4198
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BY: Frank K. Berfield, Esq.
16 ALSO PRESENT:
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Robert Kraft, Esq. Jasun Molinelli, Esq. Melissa M. corica, Esq. vernice T. Louie, Esq. Gary F. Lundry, Esq.
Betn Hopwood, Esq. Megan A. van Arsdale, Esq. Brian Triplett, Esq. Grace Kosman, Esq. Charles S. Park, Esq. Marcia Raymond, Esq. Richard Dumont, Esq. Bobbie R. Bailey, Esq. Jennifer O'Sullivan, Esq. Melissa M. Corica, Esq. Valerie R. Ruschke, Esq.
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EXHIBITS
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EXHIBIT NO.
PAGE
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Exhibit 1 Notice of deposition.....................5
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Exhibit 2 Letter dated May 2, 2016................ 5
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Exhibit 3 Declaration of Donald Trueblood......... 5
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Exhibit 4 Metal clad's first amended responses.... 13
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Exhibit 5 Wester states Asbestos Health Plan..... 21
8 -Exhibit 6 vern Gosney excerpts, Vol. 2,
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pages 117-118.......................... 39
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Exhibit 7 vern Gosney excerpts, vol. 2,
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pages 145-147.................
39
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Exhibit 8 Telephone deposition of Donald
Trueolood dated 9-10-08.............
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Exhibit 9 Metal cl ad's annual (1998) supplemental
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responses to general order 129
interrogatori es........................ 74
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Exhibit: A objections to plaintiffs' notice of
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taking deposition of and request for
production of documents...... (premarked)
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MR. JACKSON: Before the court reporter
2 administers the oath, let's just identify what we've
3 premarked at this point and we'll put a couple
4 stipulations on the record.
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So plaintiff's Exhibit 1 is notice of taking
6 deposition and request for production of documents on
7 Metal cl ad insulation Lie in the Lacy case.
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Plaintiff's Exhibit 2 is a cover letter dated
9 May 2nd, 2016, to all counsel in the Lacy case
10 confirming the date, time, and location of the
11 deposition today.
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Exhibit 3 is a declaration of Donald Trueblood
13 from another matter, the Keith Turley lawsuit. That
14 declaration is dated May 2nd, 2016.
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(wheroupon, plaintiff's Exhibits 1-3 were
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marked for identification.)
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MR. j a c k s o n : And defense Exhibit a are
18 Metalclad's objections to plaintiffs' notice of taking
19 deposition and request for production of documents,
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(whereupon, Defendant's Exhibit A was
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marked for identification.)
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MR. JACKSON: And there are some other things
23 that we haven't yet marked that we'll identify as we go
24 forward, i'll stipulate an objection by any defense
25 counsel participating in the deposition today either in
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1 person or on the phone may be deemed joined by all
2 defense counsel, same with any motions to strike or
3 reservations of rights. If anyone doesn't want to enter
4 in that stipulation, they can either state so now or
5 they can opt out of the objection at the time it's made.
6 Okay. Hearing nothing.
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Mr. Trueblood, we will now have the court
8 reporter administer the oath.
9 Ill 10 III 11 III 12 III 13 III 14 III 15 III 16 III
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DONALD TRUEBLOOD,
2 having been sworn by the certified shorthand Reporter,
3 Renee Fleming, to tell the truth, the whole truth, and
4 nothing but the truth, testified as follows:
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EXAMINATION BY 1. BRUCE JACKSON, ESQ.
7 Q.
Once again, good morning, Mr. Trueblood. You
8 understand that you've just been placed under oath to
9 give a deposition of lawsuit filed by the heirs of the
10 decedent, Mr. Arthur Lacy?
11 A.
Yes, I do.
12 Q.
And you understand thatyou're here today to
13 testify as a corporate representative of Metal clad
14 insulation l l c , formerly known as Metalclad insulation
15 Corporation?
16 A.
Yes.
17 Q.
And do youunderstand thatcapacity your
18 testimony may be deemed not just admissions as to you
19 personally but as to the defendant, Metalclad insulation
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LLC?
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MR. b e r f i e l d : objection; legal conclusion.
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THE w i t n e s s : Yes.
23 BY MR. JACKSON:
24 q .
i deposed you not too long ago, May 11th, 2016,
25 in the Keith Turley matter. Do you recall that Page 6
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t h e w i t n e s s : I believe that that's incorrect.
22 I think Mr. Meyer was incorrect -- inaccurate in his
23 statement because of two things -- two items there.
24 BY MR. JACKSON:
2S Q.
okay, what's -- what are the items that you
14 1 believe to be incorrect?
2 A.
well, first off, the acquisition we believe was
3 an acquisition of the assets with Metalclad Insulation
4 Company. And secondly, the acquisition was not by
5 Metalclad insulation corporation at that time; it was
6 Sweetser Enterprises. That's kind of splitting hairs
7 because a month later Sweetser Enterprises name changed
8 to Metalclad Insulation Corporation.
9 Q.
Alright. So if I understand that, Metalclad was
10 started by Lei and sweetser and at the time he started
11 his company in '67 it's was sweetser Enterprises.?
12 A.
In September of '67.
13 Q.
And he shortly thereafter changed the name to
14 Metalclad insulation cgrporatjaal
15 A.
In October_J_671
16 Q.
okay. So at the timeMetalcladinsulation
17 Company was acquired by Metalclad, Metalclad was
18 actually known as sweetser Enterprises?
19 A.
At the time the assets were purchased it was --
20 it was known as Sweet -- Metalclad insulation
21 Corporation was known as Sweetser Enterprises.
22 Q.
Got it. Okay. It indicates this was done
23 pursuant to a sales agreement -- and by it t should say
24 interrogatory responses that we marked as Exhibit 4 of
25 Metalclad, indicate that it was acquired Metalclad Page 12
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1 insulation Company by sales agreement dated October 26,
2 1967. d o you --
3 A.
August 26th?
4 Q.
I'm sorry, can I not even read what I'm -- by
5 sales agreement dated August 26, 1967. Do you see what
6 I'm referring to from the interrogatory?
7 A.
Yes.
8 Q.
Do you know if Metal cl ad has a copy of the
9 August 26, 1967, sales agreement between Metal cl ad
10 insulation company or Sweetser Enterprise?
11 A.
To my knowledge we do not.
12 Q.
Okay. Aside from the sales agreement itself, do
13 you know if Metal cl ad has any other documentation that
14 specifically references the acquisition of Metal cl ad
15 Insulation Company by Sweetser Enterprises?
16 A.
we do not.
17 Q.
And do you know if Metal cl ad has any kind of
18 documentation, for example, of correspondence between
19 either Sweetser Enterprises, Mr. Sweetser or Metal cl ad
20 insulation Corporation with Metal clad Insulation
21 Company?
22 A,
There may be something likethat, yes.
23 Q.
Okay.
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MR. b e r f i e l d ; so i 'll object. Move to strike
25 based on speculation. Bruce, can I ask you a quick
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1 question?
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MR. DACKSON: Yeah. Off the record?
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MR. BERFIELD: Yes.
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(Off-the-record discussion was held.)
5 BY MR. JACKSON:
6 Q.
At the time that Metalclad insulation Company
7 was acquired, and I don't need to go into any further 8 details on the manner of acquisition but just the time
9 period of 1967, Metalclad Insulation Corporation, or
IO formerly known as Sweetser Enterprises, was that -- was
11 the president of that -- of the business at that time 12 Leland sweetser?
13 A.
Sweetser, yes.
14 Q.
Sweetser. Is it --
15 A.
S-W-E-E-T--S-E-R.
16 Q.
Al right. Do you know how long Mr. Sweetser was
17 president of Metalclad once it became Metal ciac
18 insulation corporation?
19 A.
15 vears or so.
20 Q21 A.
okay. So long enough that: you knew him? oh, yes.
22 Q.
Okay. Do you know if Mr. Sweetser has ever
23 gi ven a deposition in an asbestos case?
24 A.
I don't believe he has.
25 Q.
Okay. And --
1 A.
And he is deceased.
2 Q.
I knew that much. Do you know how long --
3 whether -- did he hold the president position with
4 Metalclad up until the time he retired from the company?
5 A.
I 'm going to say -- my understanding is yes.
6 q.
And do you know when he retired from Metalclad,
7 approximately?
page 14
3 BY MR. DUMONT:
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4 Q.
okay. Do you see any indication on pages 26 or
5 27 of the deposition notice that Mr. Lacy was at union
6 Oil in 1983 or thereafter?
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MR. BERFIELD: Objection; assumes facts.
8 Document speaks for itself.
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THE w i t n e s s : There are two references on page
10 27 to Uni cal, Rodeo. The first one is Bechtel
11 Corporation -- or Bechtel construction, September '84
12 through 1985. .The second one is Rosendahl industrial
13 Maintenance in August of '87, Anything else?
14 BY MR. DUMONT:
15 Q.
d o any of the records that you produced today
16 for your deposition reflect any work that Metalclad did
17 at those jobs as far as you can tell?
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MR. b e r f i e l d :. objection; overbroad, vague and
19 ambiguous.
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THE WITNESS: We did work at Unical, Rodeo, in
21 or around lune of 1987 and also November -- November of
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`86; so no for the Bechtel entry on the Exhibit A, but
23 it would fall within the timeframe of the job site for
24 the Rosendahl industrial Maintenance project or
25 employer.
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MR. DUMONT: Okay. Thank you. That's all I
2 have.
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MR. 3ACKSON: Anyone else? Going once, going
4 twice. Mr. Trueblood, thank you again for your time.
S That's concludes your deposition.
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(whereupon, the deposition of DONALD
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TRUEBLOOD concluded at 12:37 p.m.)
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1 STATE OF CALIFORNIA
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) SS
2 COUNTY OF SAN JOAQUIN )
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The witness, d o n a l d t r u e b l o o d , in the foregoing
deposition appeared before me, Renee Fleming, a 5 Certified shorthand Reporter in and for the State of
California.
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Said witness was then and there at the time and
place previously stated, by me placed under oath to tell
7 the truth, the whole truth and nothing but the truth in
the testimony given on the date of the within
8 deposition.
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The testimony of the witness and all Questions
and remarks requested by counsel and reported
10 thereafter, under my direction and control, caused to be
transcribed into typewritten form by means of 11 Computer-Aided Transcription.
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I am a Certified Shorthand Reporter licensed by
the state of California. I further certify that I am
13 not of counsel or attorney for either or any of the
parties to the case named in the within caption, and
14 that I am not related to any party thereto.
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IN WITNESS WHEREOF, I have hereunto affixed my
signature this ____ day of _______________ 2016.
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19 Renee Fleming, CSR
20 Certified shorthand Reporter #13847
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