Document a4ynXXXJ3a5ww2zBx0jJKkX3b

|i "7 '".1`V ?.' ' '.V:' f"ff-T'\C"^'.- -. '?' i\ ~ ' ' -V - \: GABRIEL A. JACKSON, ESQ. CSB#98ii9 J.E.B.. PICKETT,, fESQ.; CSB# 154294 2 JAaCcKkSson 6-Wallace 580i California Street, 15th Floor 3 San Francisco, California 94104 Telephone: (415) 982-6300 4; Attorneys for Defendant : f * . ';5.i KELLY-MOORE PAINT COMPANY, INC. 6 .para - ATTV ___uLMSi RECEIVED DEC 23 1398 BRAYTON HARLEY CURTIS hand OVERNIGHT MAiLbC '' / - OpW&7plGpo~c 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA V, IN AND FOR THE COUNTY OF SAN FRANCISCO - . 4-. -.. >- -v. . V : >- ~ V* 10 11 IN RE: COMPLEX ASBESTOS LITIGATION 12 13 14 ) No. ) ) FIRST SUPPLEMENTAL RESPONSES ) TO PLAINTIFF'S STANDARD ) INTERROGATORIES TO ALL ) DEFENDANTS (GENERAL ORDER ) NO*. 122) 15 16 DEFENDANT, KELLY-MOORE PAINT COMPANY, INC. (hereinafter, 17 "Kelly-Moore"), hereby provides supplemental responses to Plaintiffs' Standard 18 Interrogatories to all DEFENDANTS, pursuant to General Order No. 129. 19 PREFACE 20 These Interrogatories are to be answered pursuant to San Francisco Superior Court 21 General Order No. 129. 22 Unless otherwise specifically set forth, the time frame for response to these 23 Interrogatories is from 1930 until 1985; except where otherwise specifically set forth, each 24 Interrogatory and each Response are intended and should be construed as including and 25 being limited to such time frame. Where expressly stated with reference to the date and 26 circumstances justifying use of such date, the responding party may limit any such 27 response to dates subsequent to 1930, but which in no event 28 III 1 are later than the inception of the responding party, including the inception of any 2 predecessor in interest. 3 Unless otherwise specifically set forth, the geographic scope for response to these 4 Interrogatories by domestic corporation is the United States. Hospital and other health 5 care entity defendants shall provide responses related only to that defendant's physical 6 facilities and shall not be required to disclose any information related to the furnishing of 7 services to patients. 8 DEFINITIONS 9 1. "ASBESTOS-CONTAINING PRODUCT'S)" shall mean a produces) 10 which THIS DEFENDANT knows or believes to have contained any amount of the 11 mineral asbestos at any time. 12 2. "COMPANY" means any private enterprise including corporations, 13 partnerships, joint ventures, and sole proprietorships. 14 3. A "CONTRACT UNIT" shall mean a branch, division, subsidiary or other 15 affiliated entity of a DEFENDANT which has been or is now engaged in installation, 16 disturbing or handling and/or removal of RAW ASBESTOS and/or ASBESTOS17 CONTAINING PRODUCT(S)S. 18 4. "DOCUMENT(S)" or "WRITING" shall include all WRITING(S} as 19 defined by Section 250 of the California Evidence Code. 20 5. "GEOGRAPHIC AREA" means the 46 counties of Northern California 21 (Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El 22 Dorado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Marin, Mariposa, 23 Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, 24 Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, 25 Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehams, Trinity, Tulare, Tuolumne, 26 Yolo, Yuba) and military facilities/installations in the State of California, or the following 27 shipyards: Bethlehem Shipbuilding, San Pedro; California Shipbuilding, Terminal Island; 28 Consolidated Steel Shipyard, Wilmington, Los Angeles Shipbuilding and Dry Dock aka 2. 1 L.A. Ship, San Pedro; National Steel and Shipbuilding Corporation, San Diego; Todd 2 Shipyards Corporation, San Pedro Divisions; Naval Air Station, North Island; Thirty3 second Street Naval Repair Facility, San Diego; Long Beach Naval Shipyard; and San 4 Diego Destroyer Base. 5 6. A request to "IDENTIFY' a "WRITING" or "DOCUMENT" or study 6 shall mean a request to either attach such an exhibit to YOUR answers to these 7 Interrogatories, or to describe such with sufficient particularity that it may be made the 8 subject of a request for production of DOCUMENT(S). YOUR description should 9 include an indication of: (a) the author; (b) address(s); date of origin; (d) the nature of the 10 writing or document (e.g. letter, telephone memorandum, audio tape recording, 11 photograph, etc.); and (e) its present location, name and the present address of custodian 12 thereof. 13 7. A request to "IDENTIFY" an oral communication shall mean a request to 14 describe the communication with particularity, and shall include the following 15 information; (a) the IDENTITY of all parties to the communication; (b) the IDENTITY 16 of the person whom YOU contend initiated the communication; the IDEN TITY of all 17 persons present at the time of the communication; and (d) the time, date and place of the 18 communication. 19 8. A request to "IDENTIFY" or to state the "IDENTITY" of a person or 20 individual means to state his or her name, the place of employment, job title, present 21 business or present or last known home address, years of employment and last known 22 telephone number if not employed by DEFENDANT. 23 9. A request to "IDENTIFY" the product shall mean a request to describe the 24 product, the material or compound by the following means: (1) by nickname or slang 25 name used in YOUR industry and/or occupation; (2) by the name under which it is sold 26 in the marketplace (trade name); (3) by its generic name; and (4) by manufacturer. 27 /// 28 /// 3. 1 10. MARKETING" or "MARKETED" shall mean the mining, supply, sale, 2 labeling, distribution, importing, processing or manufacture of RAW ASBESTOS and/or 3 ASBESTOS-CONTAINING PRODUCT(S). 4 11. A request to describe the "NATURE" of a product means to describe the; 5 (a) color; (b) texture; form (i.e., powder, liquid, paste, solid, board, cloth, blanket, wire 6 insulation, etc.); (d) physical dimensions, if solid (length, width and height); (e) the type 7 of shipping package and shipping package dimensions if not solid; (f) type of asbestos fiber 8 used in the composition of the product (e.g., chrysotile, amosite, crocidolite); (g) the 9 intended use or function of such product as recommended by THIS DEFENDANT as the 10 miner, producer, supplier, contractor, manufacturer, distributor, owner or sell; and (h) It the type of worksite in which it was intended to be used (e.g., shipyard, refinery, 12 commercial building construction, manufacturing plant, home, power generating plant, 13 etc.) 14 12. "PREMISES" includes, but is not limited to, buildings, structures in a 15 refinery, boilers, generators, tract housing, commercial buildings and other such 16 structures. 17 13. "RAW ASBESTOS" means asbestos fiber mined or milled, either packaged 18 or in bulk, not compounded with other substances and essentially pure with the exception 19 of naturally occurring trace amounts of other substances. 20 14. "THIS DEFENDANT" or "DEFENDANT" shall mean the named 21 DEFENDANT herein, all of its divisions and subsidiaries in which it holds a controlling 22 interest, and all "alternative entities" as defined and identified by name in any complaint 23 pending against YOU as of the date of YOUR answers. 24 15. "YOU and "YOUR" refer to the DEFENDANT who is named above as 25 responding party. 26 /// 27 til 28 III 4. I RESPONSE TO INTERROGATORY NO. 1; 2 Mr. Douglass Wayne Merrill V.P. of Manufacturing 3 Kelly-Moore Paint Company, Inc. 987 Commercial Street, San Carlos CA 94070 4 RESPONSE TO INTERROGATORY NO. 9: 5 Mr. Douglass Wayne Merrill 6 V.P. of Manufacturing Kelly-Moore Paint Company, Inc. 7 987 Commercial Street, San Carlos CA 94070 8 RESPONSE TO INTERROGATORY NO. 10: 9 Mr. Douglass Wayne Merrill V.P. of Manufacturing ' - :...... . 10 Kelly-Moore Paint Company, Inc. 987 Commercial Street, San Carlos CA 94070 11 12 RESPONSE TO INTERROGATORY NO. 13: 13 No. Discovery is continuing. 14 RESPONSE TO INTERROGATORY NO. 15: 15 After making a reasonable inquiry and conducting a diligent search, Kelly-Moore 16 responds that it is unaware that it received any said "Documents" prior to 1973 and, on 17 that basis, responds as follows: No. 18 RESPONSE TO INTERROGATORY NO. 16: 19 After making a reasonable inquiry and conducting a diligent search, Kelly-Moore 20 responds that it is unaware that it received any said "Documents" prior to 1973 and, on 21 that basis, responds as follows: No. 22 RESPONSE TO INTERROGATORY NO. 17: 23 After making a reasonable inquiry and conducting a diligent search, Kelly-Moore 24 responds that it is unaware that it received any said "Documents" prior to 1973 and, on 25 that basis, responds as follows: No. 26 RESPONSE TO INTERROGATORY NO. 19: 27 After making a reasonable inquiry and conducting a diligent search, Defendant 28 responds that it is unaware that it exchanged said "DOCUMENTS" or communicated 5. 1 with any person or other "COMPANY" regarding the results of said tests and/or studies 2 prior to 1980 and, on that basis, responds as follows: No, other than those tests or studies 3 conducted by Defendant and/or Union Carbide, referenced in response to Interrogatory 4 No.21. 5 RESPONSE TQ.INTERROGAIQR.Y NO, 21; 6 Pursuant to the prior agreement with the Brayton office, plaintiffs counsel was 7 provided full opportunity to inspect and copy all documents which may have been 8 responsive to this request under the In Re: Complex Asbestos Litigation caption. 9 Pursuant to agreement with Mr. Mamaril dated September ,23, 1998, no supplemental 10 responses will be provided concerning previously produced documents, or information 11 available from previously produced documents. 12 RESPONSE IO.INIERRQ.GATD-RT NQ. 22i 13 Yes. 14 (a) Residence, comer of Meridan & Norelius Ct., Los Gatos, California; Two 15 residences, off Cahalin Street, Los Gatos, California. 16 (b) LFE Environmental; 17 June 12, 13,1975; 18 (d) The documents were contained within the approximately 88 boxes of 19 documents currently stored at 987 Commercial Street, San Carlos, 20 California, 94070 which have already been produced to and copied by 21 plaintiffs attorneys pursuant to the In Re: Complex Asbestos Litigation 22 caption and with plaintiffs attorney's agreement that this production 23 would constitute plaintiff's attorney's sole opportunity to inspect and copy 24 all such documents. The burden of deriving or ascertaining the answers 25 from the documents is substantially the same for plaintiffs as for defendant. 26 /// 27 /// 28 /// 6. 1 (e) Mr. Douglass Wayne Merrill 2 V.P. of Manufacturing 3 Kelly-Moore Paint Company, Inc. 4 987 Commercial Street, San Carlos CA 94070 5 RESPONSE TO INTERROGATORY NQ. 23: 6 Yes. 7 (a) Environmental Analysis Laboratories 8 2030 Wright Avenue 9 Richmond, CA 94804; .... ............ ... .. , 10 (b) Environmental Analysis Laboratories; 11 June, 1975; 12 (d) The documents were contained within the approximately 88 boxes of 13 documents currently stored at 987 Commercial Street, San Carlos, 14 California, 94070 which have already been produced to and copied by 15 plaintiffs attorneys pursuant to the In Re: Complex Asbestos Litigation 16 caption and with plaintiffs attorney's agreement that this production 17 would constitute plaintiffs attorney's sole opportunity to inspect and copy 18 all such documents. The burden of deriving or ascertaining the answers 19 from the documents is substantially the same for plaintiffs as for 20 Defendant; 21 (e) Mr. Douglass Wayne Merrill 22 V.P. of Manufacturing 23 Kelly-Moore Paint Company, Inc. 24 987 Commercial Street, San Carlos CA 94070. 25 RESPONSE TO INTERROGATORY NO. 24: 26 Pursuant to the a prior agreement with the Brayton office, plaintiffs counsel was 27 provided full opportunity to inspect and copy all documents which may have been 28 responsive to this request under the In Re: Complex Asbestos Litigation caption. 7. V ' I Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 2 responses will be provided concerning previously produced documents, or information 3 available from previously produced documents. 4 RESPONSE TO INTERROGATORY NO. 25; 5 No. 6 RESPONSE TO INTERROGATORY NO. 27: 7 PACO Textures, 987 Commercial Street, San Carlos, California 94070. S RESPONSE TO INTERROGATORY NO. 30: 9 (a) . .1960-1977; ..... ... .... -- 10 1960-1977; 11 (d) 1960-1977; 12 (e) 1960-1977; 13 (f) 1960-1977; 14 (g) 1960-1977; 15 RESPONSE TO INTERROGATORY NO. 31;.... 16 Pursuant to the a prior agreement with the Brayton office, plaintiffs counsel was 17 provided full opportunity to inspect and copy all documents which may have been 18 responsive to this request under the In Re: Complex Asbestos Litigation caption. 19 Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 20 responses will be provided concerning previously produced documents, or information 21 available from previously produced documents. 22 RESPONSE TO INTERROGATORY NO. 32: 23 No. 24 RESPONSE TO INTERROGATORY NO. 34: 25 No "distributorships" existed. 26 RESPONSE TO INTERROGATORY NO, 35: 27 Pursuant to the a prior agreement with the Brayton office, plaintiffs counsel was 28 provided full opportunity to inspect and copy all documents which may have been 8. i-.V ' W";.- :i" .. .. ., 1 responsive to this request under the In Re: Complex Asbestos Litigation caption. 2 Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 3 responses will be provided concerning previously produced documents, or information 4 available from previously produced documents. 5 RESPONSE TO INTERROGATORY NO. 36: 6 Not Applicable. . 7 RESPONSE TO INTERROGATORY NO. 37: 8 (e) Mr. Douglass Wayne Merrill V.P. of Manufacturing 9 Kelly-Moore Paint Company, Inc.,-- 987 Commercial Street, San Carlos CA 94070. ......... 10 11 RESPONSES INTERROGATORY. N.Q^9i 12 PACO Textures, 987 Commercial Street, San Carlos, California 94070. 13 RESPONSE TO INTERROGATORY NO. 4Q: 14 No. 15 RESPONSE TO INTERROGATORY NO. 41: ..... ..... 16 Pursuant to the a prior agreement with the Brayton office, plaintiffs counsel was 17 provided full opportunity to inspect and copy all documents which may have been 18 responsive to this request under the In Re: Complex Asbestos Litigation caption. 19 Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 20 responses will be provided concerning previously produced documents, or information 21 available from previously produced documents. 22 RESPONSE TO INTERROGATORY NO. 44: 23 Pursuant to the a prior agreement with the Brayton office, plaintiffs counsel was 24 provided full opportunity to inspect and copy all documents which may have been 25 responsive to this request under the In Re: Complex Asbestos Litigation caption. 26 Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 27 responses will be provided concerning previously produced documents, or information 28 available from previously produced documents. 9. 1 RESPONSE TO INTERROGATORY NO. 45: 2 Pursuant to the a prior agreement with the Brayton office, plaintiff's counsel was 3 provided full opportunity to inspect and copy all documents which may have been 4 responsive to this request under the In Re: Complex Asbestos Litigation caption. 5 Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 6 responses will be provided concerning previously produced documents, or information 7 available from previously produced documentsA 8 RESPONSE TO INTERROGATORY NO. 46: 9 Pursuant to the a prior agreement with the Braytonoffice, plaintiffs counsel was 10 provided full opportunity to inspect and copy all documents which may have been 11 responsive to this request under the In Re: Complex Asbestos Litigation caption. 12 Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 13 responses will be provided concerning previously produced documents, or information 14 available from previously produced documents. 15 RESPONSE TO INTERROGATORY NO. 47: 16 Pursuant to the a prior agreement with the Brayton office, plaintiffs counsel was 17 provided full opportunity to inspect and copy all documents which may have been 18 responsive to this request under the In Re: Complex Asbestos Litigation caption. 19 Pursuant to agreement with Mr. Mamaril dated September 23, 1998, no supplemental 20 responses will be provided concerning previously produced documents, or information 21 available from previously produced documents. 22 RESPONSE TO INTERROGATORY NO. 48: 23 No. 24 RESPONSE TO INTERROGATORY NO. 50: 25 No. 26 RESPONSE TO INTERROGATORY NO. 51: 27 No. 28 /// 10. : --r- v-V 1 RESPONSE TO INTERROGATORY NO. 52: 2 No. 3 RESPONSE TO INTERROGATORY NO. 53: 4 No. . 5 6 DATED: December 21,1998 7 Jackson & Wallace 8 9 rney for Defendant 10 XY-MOORE PAINT COMPANY, INC. 11 12 13 14 15 16 17 18 19 20 -.. -:.c! 21 22 23 24 25 26 27 28 jeb\mail\211\gcn-12?.nut 11. / ' ?1'C' I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VERIFICATION TO FOLLOW 12. ': - - ' ,-'./ . .':\ .ft, .">'>' '; H'..,^':?rt';o-'V. .--'" - VY^ / j?c Complex Asbestos San Francisco Superior Court PROOF OF SERVICE BY MAIL ^ (Code Civ. Proc., 1013,2015.5 .: :7 V.., Cal. Rules of Court, rule 2008(e)) ;7 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I, Cameron Galloway, declare as follows: - : . I am over 18 years of age and not a party to the within action; my business address is , 580 California Street, 15th Floor, San Francisco, California 94104; I am employed in San Francisco County, California. ' ' . I am readily familiar with my employer's practices for collection and processing of correspondence for mailing with the United States Postal Service. On December 3^ , 1998,1 served a copy of the following documents: KELLY- MOORE'S FIRST SUPPLEMENTAL RESPONSES TO PLAINTIFFS' STANDARD INTERR.OGATOREIS TO ALL DEFENDANTS (GENERAL ORDER NO. 129) on the interested parties in the above-referenced case by following ordinary business practices and placing for collection and mailing at 580 California Street, San Francisco on December , 1998, a true copy of the above-referenced documents), enclosed in a sealed envelope; in the ordinary course of business, the above documents would have been deposited for first-class delivery with the United States Postal Service the same day they were placed for deposit, with postage thereon fully prepaid. The foregoing envelopes were addressed as follows: Brayton Purcell Curtis 8t Geagan P.O. Box 2109 Novato, CA 94948 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on December , 1998. Cameron Galloway