Document pMKXpVRLN4v1J4DBgQ9gNb9w

FILE NAME Kubota KUB DATE 2010 DOC KUB031 DOCUMENT DESCRIPTION Legal - Defendant Kubota's Responses to Plaintiffs Requests for Admission Set One 03/15/2010 17:14 17:14 FAX 052/137 052/137 Thomas C. Corless State Bar No. 100614 Aide C. Ontiveros State Bar No. 169629 2 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 3 555 S. Flower Street Suite 2900 Los Angeles California 90071 4 Telephone 213 443-5100 Facsimile 213 443-5101 Attorneys for Defendant KUBOTA CORPORATION 6 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT RHODA EVANS and BOBBY EVANS Plaintiffs ) Unlimited Civil Case ) ) Case No BC 418867 Judge Conrad R. Aragon Dept. 49 ) ) W. CHESTERTON COMPANY al ) Defendants ) ) ) DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR ADMISSION SET ONE Action Filed July 29 2009 PROPOUNDING PARTIES RHODA EVANS AND BOBBY EVANS RESPONDING PARTY KUBOTA CORPORATION SET NO ONE Defendant KUBOTA CORPORATION Defendant or KUBOTA hereby responds to Plaintiffs Rhoda Evans and Bobby Evans Plaintiffs Request for Admissions Set No. 1 as follows PRELIMINARY STATEMENT 25 These responses are made solely for the purpose of and in relation to this action Each 26 answer is given subject to all appropriate objections including but not limited to objections 27 concerning competency relevancy materiality propriety and admissibility which would require 28 the exclusion of any statement contained herein where made by a witness present and testifying 03/15/2010 17:14 17:14 FAX 053/130537/137 in court All such objections and grounds therefore are reserved and may be interposed at the 2 time of trial 3 It should be noted that this responding party has not fully completed its investigation of 4 the facts relating to this case has not yet fully completed its discovery in this matter and has not 5 completed its preparation for trial All of the answers contained herein are based only upon such 6 information and documents which are presently available to and specifically known to this 7 responding party and disclose only those contentions which presently occur to such responding 8 party It is anticipated that further discovery independent investigation legal research and analysis will supply additional facts add meaning to the known facts as well as establish entirely new factual conclusions and legal contentions all of which may lead to substantial additions to changes in and variations from the contentions herein set forth As Responding Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 35 years potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of Kubota Corporation or have become deceased and through standard company record destruction policies potentially responsive documents have been destroyed it should be noted that Responding Party lacks sufficient information and belief to respond to many of the requests for admissions These responses are made on behalf of Kubota Corporation only with regard to information existing during the time asbestos cement pipe was exported to the United States The following responses are given without prejudice to Kubota Corporation's right to produce evidence of any subsequently discovered facts which this responding party may later recall Kubota Corporation accordingly reserves the right to change any and all answers herein as additional facts are ascertained analyses are made legal research is completed and contentions are made The answers contained herein are made in a good faith effort to supply as much factual information and as much specification of legal contentions as is presently known but should in 03/15/2010 03/15/2010 17:14 17:14 FAX 054/137 054/137 no way be to the prejudice of Kubota Corporation in relation to further discovery research or any answers to herein no admission of any nature whatsoever is to be implied or inferred The fact that any request for admission herein has been partially answered should not be taken as an admission to the entire request or that such answer constitutes evidence of any facts thus set forth or assumed All answers must be construed as given on the basis of present recollection 6 Any request for admission deemed as continuing is objected to as oppressive over burdensome 7 improper and not in compliance with Code of Civil Procedure Sections 2033 et seq and will 8 not be regarded as continuing in nature 9 RESPONSES PLAINTIFFS REQUESTS FOR ADMISSION 10 REQUEST FOR ADMISSION NO 1 11 Admit that on approximately June 29 2005 you made an announcement regarding the 12 occurrence of many occupational victims of asbestos as well as the victims of asbestos dust from 13 environmental exposure around the Kanzaki plant 14 RESPONSE REQUEST FOR ADMISSION NO 1 15 16 Objection This request is vague and ambiguous with regard to the terms many 17 occupational victims of asbestos and victims of asbestos dust is overly broad irrelevant and 18 is not reasonably calculated to lead to the discovery of admissible evidence The request is 19 propounded to oppress and harass KUBOTA 20 REQUEST FOR ADMISSION NO 2 21 Admit that approximately 75 former workers of the Kanzaki Plant developed 22 mesothelioma as a result of their exposure to the plant's containing products and have 23 24 died as a result of this fatal disease 25 RESPONSE REQUEST FOR ADMISSION NO 2 26 Objection This request is vague and ambiguous with regard to the terms former 27 workers of the Kansaki Plant and containing products is overly broad irrelevant and 28 03/15/2010 17:14 17:14 FAX 055/130557/137 is not reasonably calculated to lead to the discovery of admissible evidence The request is propounded merely to oppress and harass KUBOTA In addition the request and its 3 accompanying Form Interrogatory No. 17.1 calls for information that invades the privacy 4 privilege of third parties and their familics 5 REQUEST FOR ADMISSION NO 3 6 7 Admit that you have compensated the surviving families of deceased workers of the 8 Kanzaki Plant who developed mesothelioma as a result of their exposure to the plant's asbestos- 9 containing products 10 RESPONSE REQUEST FOR ADMISSION NO 3 11 Objection This request is vague and ambiguous with regard to the terms surviving 12 families deccased workers of the Kanzaki Plant and containing products is overly 13 broad irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 14 15 The request is propounded merely to oppress and harass KUBOTA In addition the request and 16 its accompanying Form Interrogatory No. 17.1 calls for information that invades the privacy 17 privilege of third parties and their families Should KUBOTA be ordered to respond to this 18 request said order will force KUBOTA to breach its confidentiality contract with third parties 19 REQUEST FOR ADMISSION NO 4 20 Admit that residents of Amagasaki City Japan developed fatal mesothelioma during and 21 after the years the Kanzaki Plant produced containing products as a result of exposure 22 23 to the Kanzaki Plant's containing products 24 RESPONSE REQUEST FOR ADMISSION NO 4 25 Objection This request is vague and ambiguous with regard to the terms residents of 26 Amagasaki City Japan Kanzaki Plant and containing products is overly broad 27 irrelevant and not reasonably calculated to lead to the discovery of admissible evidence The 28 03/15/2010 17:15 17:15 FAX Ww) 056/137 056/137 request is propounded merely to oppress and harass KUBOTA In addition the request and its accompanying Form Interrogatory No. 17.1 calls for information that invades the privacy privilege of third parties 4 REQUEST FOR ADMISSION NO 5 5 6 Admit that from 1962 through 1975 approximately 240,000 tons of asbestos was used at the Kanzaki Plant in the production of asbestos water pipes and building material 8 RESPONSE REQUEST FOR ADMISSION NO 5 9 Objection This request is vague and ambiguous with regard to the terms Kanzaki 10 Plant and asbestos water pipes and building material With regard to the years 1962 to 11 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER 12 AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead 13 to the discovery of admissible evidence The request is propounded merely to oppress and harass 14 KUBOTA 15 16 Without waiving these objections Defendant responds as follows 17 Deny 18 REQUEST FOR ADMISSION NO 6 19 Admit that from 1962 through 1975 YOU were informed and had documentation 20 regarding the HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE and ASBESTOS 21 CONTAINING MATERIAL 22 23 RESPONSE REQUEST FOR ADMISSION NO 6 24 Objection This request is compound with regard to the terms from 1962 to 1975 and 25 and ASBESTOS CONTAINING MATERIAL The request is vague and ambiguous with 26 regard to the term documentation and the term ASBESTOS CONTAINING MATERIAL 27 With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS 28 03/15/2010 17:15 17:15 FAX 057/137 057/137 ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request is propounded merely to oppress and harass KUBOTA 4 Without waiving these objections Defendant responds as follows 5 6 Through the passage of time and demise of its employees KUBOTA is unable to more 7 completely respond to this interrogatory but shortly before its enactment KUBOTA became 8 aware of a 1960 Japanese Pneumoconiosis Act that addressed pneumoconiosis and asbestosis 9 resulting from long term exposures to asbestos at manufacturing facilities but not lung cancer or 10 mesothelioma and on that basis admits the request KUBOTA believes it first learned of 11 asbestos related cancer and mesothelioma hazards shortly before promulgation of the 1975 12 Japanese Ordinance on Prevention of Hazards Caused by Specific Chemical Substances and on 13 this basis denies the request 14 15 REQUEST FOR ADMISSION NO 7 16 Admit that from 1962 through 1975 precautionary equipment was available to YOU to 17 protect YOUR employees from HAZARDS ASSOCIATED WITH EXPOSURE TO 18 ASBESTOS 19 RESPONSE REQUEST FOR ADMISSION NO 7 20 Objection This request is vague and ambiguous with regard to the term precautionary 21 equipment With regard to the years 1962 to 1967 prior to Bobby Evans employment with 22 23 LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and 24 irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The 25 request is propounded merely to oppress and harass KUBOTA 26 Without waiving these objections Defendant responds as follows 27 Admit 28 03/15/2010 03/15/2010 17:15 17:15 FAX 058/137 058/137 REQUEST FOR ADMISSION NO 8 2 Admit that YOU did not offer protective respiratory equipment to employees at all of 3 your asbestos cement pipe manufacturing facilities form 1962 through 1975 RESPONSE REQUEST FOR ADMISSION NO 8 5 Objection This request is vague and ambiguous with regard to the term protective 6 respiratory equipment With regard to the years 1962 to 1967 prior to Bobby Evans 8 employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is 9 overly broad and irrelevant and is not reasonably calculated to lead to the discovery of 10 admissible evidence The request is propounded merely to oppress and harass KUBOTA Without waiving these objections Defendant responds as follows 12 Deny 13 REQUEST FOR ADMISSION NO 9 14 Admit that YOU did not provide consumers of your produced containing 15 16 products any WARNINGS about the HAZARDS RELATED TO ASBESTOS EXPOSURE with 17 the ASBESTOS CONTAINING MATERIAL YOU SOLD at any time from 1962 through 1975 18 RESPONSE REQUEST FOR ADMISSION NO 9 19 Objection This request is vague and ambiguous with regard to the terms consumers 20 asbestos containing products and ASBESTOS CONTAINING MATERIAL With regard to 21 the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES 22 23 DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is 24 not reasonably calculated to lead to the discovery of admissible evidence The request is 25 propounded merely to oppress and harass KUBOTA 26 Without waiving these objections Defendant responds as follows 27 Deny 28 03/15/2010 17:15 17:15 FAX Wy 059/137 059/137 1 REQUEST FOR ADMISSION NO 10 2 Admit that YOU did not provide WARNINGS on any packaging or product itself fl associated with ASBESTOS CONTAINING MATERIAL YOU provided to consumers of your produced containing products from 1962 through 1975 5 6 RESPONSE REQUEST FOR ADMISSION NO 10 7 Objection This request is vague and ambiguous with regard to the term asbestos + 8 containing products With regard to the years 1962 to 1967 prior to Bobby Evans employment 9 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 1010 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request is propounded merely to oppress and harass KUBOTA Without waiving these objections Defendant responds as follows 10 Admit REQUEST FOR ADMISSION NO 11 1516 Admit that YOU did not provide any WARNINGS about the HAZARDS RELATED TO ASBESTOS EXPOSURE with the ASBESTOS CONTAINING MATERIAL YOU SOLD to 18 VOSS at any time from 1962 through 1975 RESPONSE REQUEST FOR ADMISSION NO 11 Objection This request is vague and ambiguous with regard to the term ASBESTOS CONTAINING MATERIAL With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request is propounded merely to oppress and harass KUBOTA Without waiving these objections Defendant responds as follows Deny 03/15/2010 03/15/2010 17:15 17:15 FAX 060/106/137 3060/7137 REQUEST FOR ADMISSION NO 12 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 RESPONSE REQUEST FOR ADMISSION NO 12 6 7 Objection This request is vague and ambiguous with regard to the term ASBESTOS 8 CONTAINING MATERIAL With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is 10 overly broad and irrelevant and is not reasonably calculated to lead to the discovery of 11 admissible evidence The request is propounded merely to oppress and harass KUBOTA 12 Without waiving these objections Defendant responds as follows 13 Admit 14 15 REQUEST FOR ADMISSION NO 13 16 Admit that YOU did not provide any WARNINGS about the HAZARDS RELATED TO 17 ASBESTOS EXPOSURE with the ASBESTOS CONTAINING MATERIAL YOU SOLD to the 18 Los Angeles Department of Water and Power at any time from 1962 to 1975 19 RESPONSE REQUEST FOR ADMISSION NO.13 : 20 Objection This request is vague and ambiguous with regard to the terms HAZARDS 21 RELATED TO ASBESTOS EXPOSURE and ASBESTOS CONTAINING MATERIAL 22 23 With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES 24 DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is 25 not reasonably calculated to lead to the discovery of admissible evidence The request assumes 26 facts not in evidence that KUBOTA sold any asbestos containing material to the LOS 27 ANGELES DEPARTMENT OF WATER AND POWER at any time from 1962 to 1975 28 03/15/2010 03/15/2010 17:15 17:15 FAX 061/137 061/137 Without waiving these objections Defendant responds as follows At this point the Defendant is unaware of any sales of its product to the Los Angeles Department of Water and Power and therefore cannot admit or deny the request and on that basis denies it REQUEST FOR ADMISSION NO 14 Admit that YOU did not provide WARNINGS on any packaging or product itself 8 associated with ASBESTOS CONTAINING MATERIAL YOU provided to the Los Angeles 9 Department of Water and Power at any time from 1962 to 1975 10 RESPONSE REQUEST FOR ADMISSION NO 14 11 Objection This request is vague and ambiguous with regard to the terms HAZARDS 12 RELATED TO ASBESTOS EXPOSURE and ASBESTOS CONTAINING MATERIAL 13 With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES 14 15 DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is 16 not reasonably calculated to lead to the discovery of admissible evidence The request assumes 17 facts not in evidence that KUBOTA sold any asbestos containing material to the LOS 18 ANGELES DEPARTMENT OF WATER AND POWER at any time from 1962 to 1975 19 Without waiving these objections Defendant responds as follows 20 At this point the Defendant is unaware of any sales of its product to the Los Angeles 21 Department of Water and Power and therefore cannot admit or deny the request and on that basis 22 23 denies it 24 REQUEST FOR ADMISSION NO 15 25 Admit that YOU were aware of the asbestos fiber release that occurred when 26 ASBESTOS CONTAINING MATERIALS YOU manufactured and supplied to VOSS were cut 27 with a power saw at any time from 1962 through 1975 28 03/15/2010 03/15/2010 17:15 17:15 FAX 062/137 RESPONSE REQUEST FOR ADMISSION NO 15 Objection This request is vague and ambiguous with regard to the terms ASBESTOS CONTAINING MATERIAL cut and power saw With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND 5 6 POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to 7 the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA 8 and VOSS supplied any asbestos containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any time from 1962 to 1975 Without waiving these objections Defendant responds as follows Admit REQUEST FOR ADMISSION NO 16 Admit that YOU SOLD KUBOTA ASBESTOS CEMENT PIPE to VOSS from 1962 through 1975 RESPONSE REQUEST FOR ADMISSION NO 16 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any time from 1962 to 1975 Without waiving these objections Defendant responds as follows Admit III 03/15/2010 03/15/2010 17:15 17:15 FAX 063/137 063/137 REQUEST FOR ADMISSION NO 17 Los 2 Admit that YOU knew VOSS SOLD KUBOTA ASBESTOS CEMENT PIPE in 3 Angeles County from 1962 through 1975 4 RESPONSE REQUEST FOR ADMISSION NO 17 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 6 7 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 10 containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any 11 time from 1962 to 1975 12 Without waiving these objections Defendant responds as follows 14 Admit however Voss did obtain asbestos cement pipe from other manufacturers 15 REQUEST FOR ADMISSION NO 18 16 Admit that you had an exclusive distribution agreement with VOSS under which VOSS 17 SOLD KUBOTA ASBESTOS CEMENT PIPE in California from 1962 through 1975 18 RESPONSE REQUEST FOR ADMISSION NO 18 19 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 20 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 21 22 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 22 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 24 containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any 25 time from 1962 to 1975 26 Without waiving these objections Defendant responds as follows 27 Admit however Voss did obtain asbestos cement pipe from other manufacturers 28 03/15/2010 03/15/2010 17:16 17:16 FAX Wj 064/10364/7137 REQUEST FOR ADMISSION NO 19 Admit that you had an exclusive distribution agreement with VOSS under which VOSS SOLD KUBOTA ASBESTOS CEMENT PIPE in Los Angeles County from 1962 through 1975 4 RESPONSE REQUEST FOR ADMISSION NO.19 : 5 6 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 7 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 8 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any time from 1962 to 1975 Without waiving these objections Defendant responds as follows Admit however Voss did obtain asbestos cement pipe from other manufacturers REQUEST FOR ADMISSION NO 20 Admit KUBOTA ASBESTOS CEMENT PIPE was supplied to VOSS without any printed warnings affixed to the pipe from 1962 through 1975 RESPONSE REQUEST FOR ADMISSION NO 20 Objection This request is vague and ambiguous with regard to the terms printed wamings and affixed is overly broad With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to the LOS ANGELES DEPARTMENT OF WATER 26 AND POWER at any time from 1962 to 1975 27 Without waiving these objections Defendant responds as follows 28 03/15/2010 17:16 17:16 FAX Ww) 065/137 065/137 Admit 2 REQUEST FOR ADMISSION NO 21 3 Admit KUBOTA ASBESTOS CEMENT PIPE was supplied to VOSS without any 4 printed warning materials from 1962 through 1975 5 RESPONSE REQUEST FOR ADMISSION NO 21 6 Objection This request is vague and ambiguous with regard to the term printed warning a materials is overly broad With regard to the years 1962 to 1967 prior to Bobby Evans 9 employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is 10 overly broad and irrelevant and is not reasonably calculated to lead to the discovery of 11 admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS 12 supplied any asbestos containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any time from 1962 to 1975 14 15 Without waiving these objections Defendant responds as follows 16 Admit 17 REQUEST FOR ADMISSION NO 22 18 Admit that between the years 1962 and 1975 YOU knew of the HAZARDS 19 ASSOCIATED WITH ASBESTOS EXPOSURE 20 RESPONSE REQUEST FOR ADMISSION NO 22 21 22 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 23 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 24 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 25 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 26 containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any 27 time from 1962 to 1975 28 03/15/2010 03/15/2010 17:16 17:16 FAX 066/106/137 3066/7137 Without waiving these objections Defendant responds as follows 2 Through the passage of time and demise of its employees KUBOTA is unable to more 3 completely respond to this interrogatory but shortly before its enactment KUBOTA became 4 aware of a 1960 Japanese Pneumoconiosis Act that addressed pneumoconiosis and asbestosis 5 6 resulting from long term exposures to asbestos at manufacturing facilities but not lung cancer or mesothelioma and on that basis admits the request KUBOTA believes it first learned of asbestos related cancer and mesothelioma hazards shortly before promulgation of the 1975 Japanese Ordinance on Prevention of Hazards Caused by Specific Chemical Substances and on this basis denies the request REQUEST FOR ADMISSION NO 23 Admit that KUBOTA ASBESTOS CEMENT PIPE that YOU SOLD TO VOSS CONTAINED CROCIDILITE from 1962 through 1975 14 15 RESPONSE REQUEST FOR ADMISSION NO 23 16 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 17 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 18 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 19 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 20 21 containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any 22 time from 1962 to 1975 23 Without waiving these objections Defendant responds as follows 24 Admit 25 REQUEST FOR ADMISSION NO 24 26 Admit that VOSS stamped KUBOTA ASBESTOS CEMENT PIPE with a large logo consisted of Voss on a triangle and Kubota underneath the triangle from 1962 through 1975 28 | 03/15/2010 17:16 17:16 FAX 067/1067/137 3067/7137 RESPONSE REQUEST FOR ADMISSION NO 24 2 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 3 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 4 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 5 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 76 containing material to the Los Angeles Department of Water and Power at any time from 1962 to 8 1975 9 Without waiving these objections Defendant responds as follows 10 Deny 11 REQUEST FOR ADMISSION NO 25 12 Admit that YOU did not warn users of KUBOTA ASBESTOS CEMENT PIPE to use 13 14 RESPIRATORY PROTECTION when working with KUBOTA ASBESTOS CEMENT PIPE from 1962 through 1975 16 RESPONSE REQUEST FOR ADMISSION NO 25 17 Objection This request is vague and ambiguous as to the terms users and working 18 With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES 19 DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is 20 not reasonably calculated to lead to the discovery of admissible evidence The request assumes 21 22 facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to 23 the Los Angeles Department of Water and Power at any time from 1962 to 1975 24 Without waiving these objections Defendant responds as follows 25 Deny 26 REQUEST FOR ADMISSION NO 26 27 Admit that YOU did not war users of KUBOTA ASBESTOS CEMENT PIPE to use 28 03/15/2010 03/15/2010 17:16 17:16 FAX 068/137 068/137 RESPIRATORY PROTECTION when cutting KUBOTA ASBESTOS CEMENT PIPE from 1962 through 1975 RESPONSE REQUEST FOR ADMISSION NO 26 4 Objection This request is vague and ambiguous as to the terms users and cutting 5 6 With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to 10 the Los Angeles Department of Water and Power at any time from 1962 to 1975 11 Without waiving these objections Defendant responds as follows 12 Deny 13 REQUEST FOR ADMISSION NO 27 14 15 Admit that YOU did not tell VOSS to warn users of KUBOTA ASBESTOS CEMENT 16 PIPE to use RESPIRATORY PROTECTION when working with KUBOTA ASBESTOS 17 CEMENT PIPE from 1962 through 1975 18 RESPONSE REQUEST FOR ADMISSION NO 27 Objection This request is vague and ambiguous as to the terms users and working 20 With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES 21 22 DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is 23 not reasonably calculated to lead to the discovery of admissible evidence The request assumes 24 facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to the Los Angeles Department of Water and Power at any time from 1962 to 1975 26 Without waiving these objections Defendant responds as follows 27 Deny 28 03/15/2010 17:16 17:16 FAX Ww) 069/137 069/137 REQUEST FOR ADMISSION NO 28 2 Admit that YOU did not tell VOSS to warm users of KUBOTA ASBESTOS CEMENT 3 PIPE to use RESPIRATORY PROTECTION when 4 cutting KUBOTA ASBESTOS CEMENT PIPE from 1962 through 1975 5 6 RESPONSE REQUEST FOR ADMISSION NO 28 7 Objection This request is vague and ambiguous as to the terms users and cutting Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and 10 irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The 11 request assumes facts not in evidence that KUBOTA and VOSS 12 supplied any asbestos containing material to the Los Angeles Department of Water and Power at any time from 1962 to 1975 14 15 Without waiving these objections Defendant responds as follows 16 Deny 17 REQUEST FOR ADMISSION NO 29 18 Admit that YOU did not require VOSS to warn users of KUBOTA ASBESTOS 19 CEMENT PIPE to use RESPIRATORY PROTECTION when 20 working with KUBOTA ASBESTOS CEMENT PIPE from 1962 through 1975 21 22 RESPONSE REQUEST FOR ADMISSION NO 29 23 Objection This request is vague and ambiguous as to the terms users and working . 24 With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES 25 DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is 26 not reasonably calculated to lead to the discovery of admissible evidence The request calls for a 27 28 legal conclusion and assumes facts not in evidence that KUBOTA and VOSS supplied any 03/15/2010 03/15/2010 17:16 17:16 FAX 070/137 070/137 asbestos containing material to the Los Angeles Department of Water and Power at any time 2 from 1962 to 1975 4 Without waiving these objections Defendant responds as follows Deny REQUEST FOR ADMISSION NO 30 6 7 Admit that YOU did not require VOSS to wam users of KUBOTA ASBESTOS 8 CEMENT PIPE to use RESPIRATORY PROTECTION when cutting KUBOTA ASBESTOS 9 CEMENT PIPE from 1962 through 1975 10 10 RESPONSE REQUEST FOR ADMISSION NO 30 Objection This request is vague and ambiguous as to the terms users and cutting 12 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS 13 14 ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and 15 irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The 16 request calls for a legal conclusion and assumes facts not in evidence that KUBOTA and 17 VOSS supplied any asbestos containing material to the Los Angeles Department of Water and 18 Power at any time from 1962 to 1975 19 Without waiving these objections Defendant responds as follows 20 Deny 21 REQUEST FOR ADMISSION NO 31 22 2.3 Admit that YOU did not know the SYSTEM OF DISTRIBUTION VOSS used to 24 distribute KUBOTA ASBESTOS CEMENT PIPE in Los Angeles County California from 1962 through 1975 26 RESPONSE REQUEST FOR ADMISSION NO 31 27 Objection vague ambiguous and unintelligible as to the phrase system of 28 03/15/2010 03/15/2010 17:16 17:16 FAX 071/137 transportation and with regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 3 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 5 containing material to the Los Angeles Department of Water and Power at any time from 1962 to 1975 Without waiving these objections Defendant responds as follows Admit although KUBOTA did have general knowledge of the distribution system i.e. 10 transport by truck from port to yard and then from the yard to Voss customers 1 REQUEST FOR ADMISSION NO 32 12 Admit that YOU do not know the WORKSITES where VOSS distributed KUBOTA 13 ASBESTOS CEMENT PIPE from 1962 through 1975 14 15 RESPONSE REQUEST FOR ADMISSION NO 32 16 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 17 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 18 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 19 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 20 containing material to the Los Angeles Department of Water and Power at any time from 1962 to 21 1975 22 23 Without waiving these objections Defendant responds as follow 24 Admit 25 REQUEST FOR ADMISSION NO 33 26 Admit that KUBOTA ASBESTOS CEMENT PIPE that YOU SOLD TO VOSS 27 CONTAINED CROCIDILITE from 1962 through 1975 25 2020 03/15/2010 03/15/2010 17:17 17:17 FAX 072/1072/137 3072/7137 RESPONSE REQUEST FOR ADMISSION NO 33 2 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 3 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible cvidence 4 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 7 containing material to the Los Angeles Department of Water and Power at any time from 1962 to 1975 Without waiving these objections Defendant responds as follows Admit 11 REQUEST FOR ADMISSION NO 34 12 Admit that YOU did not warn VOSS of the HAZARDS ASSOCIATED WITH 13 ASBESTOS EXPOSURE from 1962 through 1975 14 15 RESPONSE REQUEST FOR ADMISSION NO 34 16 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 17 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 18 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 19 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 20 containing material to the Los Angeles Department of Water and Power at any time from 1962 to 21 1975 22 23 Without waiving these objections Defendant responds as follows 24 Deny REQUEST FOR ADMISSION NO 35 26 Admit that YOU knew that consumers were cutting KUBOTA ASBESTOS CEMENT 27 PIPE with power saws from 1962 through 1975 28 03/15/2010 17:17 FAX 073/137 073/137 RESPONSE REQUEST FOR ADMISSION NO 35 2 Objection This request is vague and ambiguous as to the terms consumers cutting 3 and power saws With regard to the years 1962 to 1967 prior to Bobby Evans employment 5 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 6 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 8 containing material to the Los Angeles Department of Water and Power at any time from 1962 to 9 1975 10 Without waiving these objections Defendant responds as follows 11 Admit that KUBOTA knew that consumers like Voss would require various persons to perform occasional cutting of pipes outdoors in small quantities 13 REQUEST FOR ADMISSION NO 36 14 15 Admit that from 1962 through 1975 YOU knew that when consumers cut KUBOTA 16 ASBESTOS CEMENT PIPE with power saws that asbestos fiber would be released into the air 17 RESPONSE REQUEST FOR ADMISSION NO 36 Objection This request is vague and ambiguous as to the terms consumers cut and 19 power saws With regard to the years 1962 to 1967 prior to Bobby Evans employment with 20 LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to the Los Angeles Department of Water and Power at any time from 1962 to 1975 Without waiving these objections Defendant responds as follows Admit 03/15/2010 03/15/2010 17:17 17:17 FAX 074/137 074/137 REQUEST FOR ADMISSION NO 37 2 Admit that printed warnings regarding asbestos dust were on bags of JOHNS- 3 MANVILLE asbestos fiber you were supplied by TOKYO KOGYO BOEKI SHOKAI for the 4 production of KUBOTA ASBESTOS CEMENT PIPE from 1962 through 1975 5 RESPONSE REQUEST FOR ADMISSION NO 37 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 10 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos 11 containing material to the Los Angeles Department of Water and Power at any time from 1962 to 12 1975 13 Without waiving these objections Defendant responds as follows 14 15 Deny 16 REQUEST FOR ADMISSION NO 38 17 Admit that YOU SOLD KUBOTA ASBESTOS CEMENT PIPE to VOSS from 1962 18 through 1975 19 RESPONSE REQUEST FOR ADMISSION NO 38 20 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment 21 22 with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad 2.3 and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence 24 The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to the LOS ANGELES DEPARTMENT OF WATER AND POWER at any 26 time from 1962 to 1975. Asked and answered at Request for Admission No. 16 27 Without waiving these objections Defendant responds as follows 28 03/15/2010 03/15/2010 17:17 17:17 FAX 075/137 075/137 Admit REQUEST FOR ADMISSION NO 39 Admit that YOU knew VOSS SOLD KUBOTA ASBESTOS CEMENT PIPE in Los 5 Angeles county from 1962 through 1975 RESPONSE REQUEST FOR ADMISSION NO 39 6 7 Objection With regard to the years 1962 to 1967 prior to Bobby Evans employment with LOS ANGELES DEPARTMENT OF WATER AND POWER this request is overly broad and irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence The request assumes facts not in evidence that KUBOTA and VOSS supplied any asbestos containing material to the Los Angeles Department of Water and Power at any time from 1962 to 1975. Asked and answered at Request No. 17 Without waiving these objections Defendant responds as follows Admit REQUEST FOR ADMISSION NO 40 Admit that Rhoda Evans has mesothelioma caused by asbestos exposure RESPONSE REQUEST FOR ADMISSION NO 40 Dony 20 REQUESTFOR ADMISSION NO 41 Admit that YOU contributed to Rhoda Evans mesothelioma 22 23 RESPONSE REQUEST FOR ADMISSION NO 41 2.4 Objection The request assumes facts not in evidence that KUBOTA and VOSS 25 supplied any asbestos containing material to the Los Angeles Department of Water and Power at 26 any time from 1962 to 1975 27 /// 28 03/15/2010 03/15/2010 17:17 17:17 FAX 076/137 076/137 1 Without waiving these objections Defendant responds as follows 2 Deny 3 Dated March 15 2010 4 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 5 See Ontivero See C. C. Corless 7 Aide C. Ontiveros Attorneys for Defendant 8 KUBOTA CORPORATION 9 7.1 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 03/15/2010 03/15/2010 17:17 17:17 FAX 077/130777/137 1 VERIFICATION N STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 I have read the foregoing DEFENDANT KUBOTA CORPORATION'S RESPONSES 4 TOTO REQUESTS FOR ADMISSION SET NO ONE ( and know its contents 5 am Masahiko Uchino Legal Department for KUBOTA CORPORATION a party to 6 this action entitled Rhoda Evans v A. W. Chesterton et al LASC Case No. BC 418867 and am authorized to make this verification for and on its behalf and I make this verification for that 9 || reason I am informed and believe and on that ground allege that the matters stated in the 10 |{ foregoing document are true 11 Executed on March 15 2010 at Osaka Japan 12 I declare under the penalty of perjury under the laws of the State of California that the 13 foregoing is true and correct 14 158475 158475 16 158475 158475 17 18 28 28 21 22 23 24 25 26 27 28 26 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR ADMISSION SET ONE 872371.1 03/15/2010 03/15/2010 17:17 17:17 FAX 078/137 078/137 PROOF OF SERVICE 1013a CCP STATE OF CALIFORNIA COUNTY OF LOS ANGELES I am employed in the County of Los Angeles State of California I am over the of 18 and not a party to the within action my business address is 555 South FlowerFlower Street age 29th Floor Los Angeles California 90071 On March 15 2010 I caused the foregoing document described as DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUEST FOR ADMISSIONS SET ONE to be served on the interested parties in this action by placing a true copy thereof enclosed in seal envelopes addressed as follows SEE ATTACHED SERVICE LIST X BY FACSIMILE I caused said document to be telephonically transmitted to each addressee's telecopier Fax number as noted on Proof of Service List AND X BY MAIL I caused such envelope fully prepaid to be placed in the United States Mail at Los Angeles California I am readily familiar with the firm's practice of collection and processing correspondence or mailing Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles Califomia in the ordinary course of business I am aware that on motion of the party served service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit tf BY OVERNIGHT EXPRESS I caused said document to be picked up by U.S. Federal Express Services for overnight delivery to the offices of the addressees listed on the Service List = BY HAND PERSONAL SERVICE I caused said document to be personally delivered by a attorney service to the addressee as noted on the Service list I declare under penalty of perjury under the laws of the State of California that the above is true and correct Executed on March 15 2010 Los Angeles California ALB Irene Guzman Buelna 03/15/2010 17:17 FAX 079/137 079/137 SERVICE LIST RHODA EVANS et al v KUBOTA CORPORATIONCORPORATION et al 2 Case No BC418867 3 Our File No 00495.06997 Jeffrey A. Kaiser Esq 4 T. Scott Hames Esq 5 LEVIN SIMES KAISER & GORNICK LLP 44 Montgomery Street 36th Floor San Francisco California 94104 6 ORIGINAL K Gates LLP 8 Four Embarcadero Center Suite 1200 San Francisco CA 94111 9 COPY Attorneys for Plaintiffs RHODA EVANS and BOBBY EVANS Tel 415 646-7160 - Fax 415 981-1270 Attorneys for Crane Co. Individually & as successor to Chapman Valve Co. Tel 415 882-8200 - Fax 415 882-8220 10 11 Corinne Orquiola Esq LEWIS BRISBOIS BISGAARD & SMITH LLP 12 221 North Figueroa Street Suite 1200 Los Angeles CA 90012 13 |COPY 14 William J. Sayers Esq Farah S. Nicol Esq 15 Mary McKelvey Esq MCKENNA LONG & ALDRIDGE LLP 16 300 S. Grand Avenue Suite 1400 Los Angeles CA 90071 17 COPY 18 Carmen Trutanich Esq 19 Pamela L. McFarlane Esq Eskel Solomon Esq 20 111 North Hope Street Suite 340 P.O. Box 51111 Los Angeles CA 90051 COPY Attorneys for Advocate Mines Limited Tel 213 250-1800 - Fax 213 580-7942 orquiola@lbbslaw.com Attorneys for Certain Corporation Tel 213 688-1000 - Fax 213 243-6330 mmckelvey@mckennalong.mcckelveyo@mcken amlong.com Attorneys for Los Angeles Department of Water and Power Tel 213 367-4640-4534 367-4640-4534 - Fax 213 367-4588 Maggie Flores - Secretary Pamela.mcfarlane@ladwp.com Eskel.solomon@ladwp.com R. Gregory Amudson Esq Seymour B. Everett Esq WOOD SMITH HENNING & BERMAN 5000 Birch Street Suite 8500 Newport Beach CA 92660 2 N |COPY Associated Counsel for City of Los Angeles Acting by and through the Department of Water and Power of the City of Los Angeles Tel 949 757-4500 - Fax gamudson@wshblaw.com severett@wshblaw.com 949 757-4550 % PROOF OF SERVICE 2