Document ppjx7Xd1B9O222eodJygZZ0NE

FILE NAME: Kaiser Gypsum (KG) DATE: 1985 DOC#: KG040 DOCUMENT DESCRIPTION: Legal - Interrogatories Propounded & Served Concurrently with Requests for Admission to All Defendants S T '* y 1 GREENE, O'REILLY, BROILLET, PAUL, SIMON, Mc Milla n , w h e e l e r & Ro s e n b e r g 2 LAWYERS LOS A NG ELES O F FIC E SIS SOUTH F IG U E R O A STREET 3 LOS ANOUILHS. CALIFORNIA 0 0 0 1 7 - 2 6 1 6 (213) 4 8 2 -1 1 2 2 (213) 4 8 2 - 1 3 5 0 4 5 Attorneys for Plaintiff (SPACE BELOW FOR FILING STAMP ONLY) 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 9 FOR THE COUNTY OF LOS ANGELES 10 11 LOS ANGELES UNIFIED SCHOOL DISTRICT, 12 Plaintiff, 13 vs. 14 OWENS-CORNING FIBERGLAS, et 15 a l ., 16 Defendants. ) CASE NO. C 440 317 ) ) INTERROGATORIES PROPOUNDED AND ) SERVED CONCURRENTLY WITH ) REQUESTS FOR ADMISSION TO ) ALL DEFENDANTS ) ) ) ) ) ) TO DEFENDANT, KAISER GYPSUM COMPANY, 1 * AND TO ITS ATTORNEYS OF RECORD HEREIN: INC., These interrogatories are being served on each and every defendant herein. Plaintiff requests that you answer the following interrog atories pursuant to Section 2030 of the California Cede of Ci v il Procedure within thirty (30) days of service thereof. GENERAL PROVISIONS These interrogatories ask not only for your knowledge and the contents of your own books and records, but also knowlege 1 of all other persons with whom inquiry may reasonably have been 2 made from the contents of books and records available to you for 3 examination. Your answers to these interrogatories should be 4 based on all the aforementioned sources. 5 6 If, following your exercise of due diligence to answer 7 any interrogatory, you are still unable to provide the information 8 requested, please state in detail; 9 (a) your answer to the fullest extent possible? 10 (b) why you are unable to answer more fully, 11 (c) what efforts you have made to answer fully, 12 (d) the anticipated date of your completion of said 13 investigation and discovery necessary to answer fully. 14 15 When an interrogatory asks you to identify a writing, 16 you may, in lieu of answering that interrogatory, attach a copy of that writing with a statement in answer to the interrogatory that such copy is attached and such copy is a true copy of the original of the writing. If you refuse to voluntarily attach a copy of that writing, then identify each such writing in detail so that it may be produced by you in response to plaintiff's Notice to P r o d u c e , or other discovery device. If objections to these interrogatories are not-- rilea within thirty (30) days, as provided in Cqde__of_^ivil Procedure^ Section 2030, said objections will be n -- w a ived. DEFINITION "You" means and refers to you, your agents, your employ ees, your servants, your representatives and anyone else acting on your behalf or at your request. INTERROGATORIES 1. Did you, at any time between January 1, 1973 and the present, issue or make any statement, oral or written, to the effect that asbestos or asbestos-containing products used in the construction or renovation of buildings were capable of being used without creating a health hazard or risk to humans from the asbestos in said products? 2. If your answer to Interrogatory No. 1 is anything other than an unqualified "no", state for each such statement: (a) The date said statement was made? (b) The content or wording of said statement, (c) The manner in which said statement was made, e,,g., oral communication, advertisement, letter, press release, etc. ? (d) The identity of the person (s) to whom said statement was made? (e) The name, address, telephone number and title of the person(s) who made or issued said statement. Ill III 1 3. Did you, at any time between January 1, 1973, and 2 the present, issue or make any statement, oral or written, to the 3 effect that asbestos or asbestos-containing products used in the 4 construction or renovation of buildings do not constitute a health 5 hazard or risk to humans from the asbestos in said products? 6 7 4. If your answer to Interrogatory No. 3 is anything 8 other than an unqualified "no", state for each such statement: 9 (a) The date said statement was made; 10 (b) The content or wording of said statement; 11 (c) The manner in which said statement was made, 12 e.g., oral communication, advertisement, letter, press release, 13 etc.; 14 (d) The identity of the person (s) to whom said 15 statement was made; 16 (e) The name, address, telephone number and title 17 of the person (s) who made or issued said statement. 18 19 5. Were you ever advised, informed or otherwise made 20 aware that an employee of any other entity that mined, ma n u 21 factured or distributed asbestos or asbestos-containing products 22 made or issued any statement to the effect that asbestos or 23 asbestos-containing products used in the construction or renova tion of buildings were capable of being used without, creating a ] health hazard or risk to humans from the asbestos m said prod ucts? Ill III 1 g m If your answer to Interrogatory No. 5 is anything 2 other than an unqualified "no", state for each such statement; 3 (a) The date you became aware that said statement 4 was made? 5 (b) The content or wording of said statement; 6 (c) The manner in which said statement was made, 7 e ,,g . , oral communication, advertisement, letter, press rele a s e , 8 etc.; 9 (d) The identity of the person (s) to whom said 10 statement was made; 11 (e) The name of the person who made or 12 statement and the entity by whom he was employed at the time the 13 statement was made. 14 15 7. Were you ever advised, informed or otherwis 16 aware that an employee of any other entity that nined, ma n u factured or distributed asbestos or asbestos-containing products made or issued any statement to the effect that asbestos or asbestos-containing products used in the construction or renova tion of buildings do not constitute a health hazard or risk to humans from the asbestos in said products? 8. if your answer to Interrogatory No. 7 is a other than an unqualified "no", state for each such statement: (a) The date you became aware that said statement was made; (b) The content or wording of said statement; III G-k Gi 1 (c) The manner in which said statement was made, 2 e .g . , oral communication, advertisement, letter, press release, 3 e t c .; 4 (d) The identity of the person (s) to whom said 5 statement was made; 6 (e) The name of the person who made or issued the 7 statement and the entity by whom he was employed at the time the 8 statement was made. 9 10 9. Since January 1, 1973, have you or anyone on your 11 behalf or purporting to represent you or any organization of which 12 you were a member testified or issued or made any statement, 13 either oral or written, to the federal government or to any state 14 government, or to any b r a n c h , a g e n c y , c ommittee, subcommittee, or 15 any other subdivision t h e r e o f , to the effect that asbestos or 16 asbestos-containing products used in the construction or renova 17 tion of buildings do not constitute a health hazard or risk to 18 humans from the asbestos in said products? *> ` 19 20 10. if your answer to Interrogatory No. 9 is any 21 other than an unqualified "no" , state for each such statement: 22 (a) The date said statement was made; 23 (b) The content or wording of said statement; 24 (c) The manner in which said statement was made, 2i e . g . , oral communication, advertisement, lett e r , press release, 2d e t c .; 25 (d) The identity of the person(s) or entity to whom 21 said statement was made; 1 (e) The name, address, telephone number 2 of the person(s) who made or issued said statement. 3 4 11. Since January 1 , 1973, have you or anyone on your 5 behalf or purporting to represent you or any organization of which 6 you were a member testified or issued or made any statement, 7 either oral or written, to the federal government or to any state 8 government, or to any branch, agency, committee, subcommittee, or 9 any other subdivision thereof, to the effect that asbestos or 10 asbestos-containing products used in the construction or renova 11 tion of buildings were capable of being used without creating a 12 health hazard or risk to humans from the asbestos in said prod 13 ucts? 14 15 12. xf your answer to Interrogatory No. 11 is an 16 other than an unqualified "no ", state for each such statement. 17 (a) The date said statement was made? 18 (b) The content or wording of said statement; 19 (c) The manner in which said statement was made, 20 e . g . , oral communication, advertisement, letter, press release, 21 e t c .; 22 (d) The identity of the person(s) or entity to whom 23 said statement was made; (e) The n a m e , a d d r e s s , telephone number and title of the person (s) who made or issued said statement. Ill III III 1 13. Do you contend that plaintiff was or should 2 been aware, prior to January 27, 1980, that its properties had 3 been damaged by asbestos? 4 5 14, If your answer to Interrogatory No. 13 is affirma 6 tive, state: 7 (a) The identity and location of the properties 8 which you contend plaintiff knew or should have known were dam 9 aged; 10 (b) Each and every fact on which you base your 11 contention? 12 (c) The identity of each and every communication, 13 whether oral or w r i t t e n , on which you rely in making your conten 14 tion; 15 (d) The n a m e , address and occupation of each and 16 every individual who has knowledge of facts which support your 17 contention. 18 " 19 15. Since January 1, 1973, have you issued or made any 20 statement, either oral or written, to your stockholders, employ 21 ees , agents or customers, to the effect that asbestos or asbestos22 containing products used in the construction or renovation of 23 buildings do not constitute a health hazard? 16. If your answer to Interrogatory No. 15 is anything other than an unqualified "no", state for each such statement: (a) The date said statement was m a d e ; (b) The content or wording of said statement; 1 (c) The manner in which said statement 2 e .g . , oral communication, advertisement, letter, press release, 3 etc.; 4 (d) The identity of the person (s) to whom said 5 statement was made? 6 (e) The name, address, telephone number 7 of the person(s) who made or issued said statement. 8 9 17. Since January 1 , 1973, have you issued or made 10 statement, either oral or written, to your stockholders, employ 11 ees, agents or customers, to the effect that asbestos or asbestos- 12 containing products used in the construction or renovation of 13 buildings were capable of being used without creating a health 14 hazard? 15 16 18. If your answer to Interrogatory No. 17 is any 17 other than an unqualified "no", state for each such statement: 18 (a) The date said statement was made; (b) The content or wording of said statement; (c) The manner in which said statement was m a d e , e.g. , oral communication, advertisement, letter, press release, i i e t c .? ; (d) The identity of the person (s) to whom said statement was made; (e) The name, address, telephone number and title of the person (s) who made or issued said statement. Ill 111 C) o 1 19. At any time since January 1, 1973, have you been a 2 member of any organization which, at any time, issued or made any 3 statement, either oral or written, to the effect that asbestos or 4 asbestos-containing products used in the construction or renova 5 tion of buildings do not constitute a health hazard? 6 7 20. If your answer to Interrogatory N o . 19 is anything 8 other than an unqualified "no", state for each such statement: 9 (a) The date said statement was made; lO (b) The content or wording of said statement; ll (c) The manner in which said statement was m a d e , 12 e . g . , oral communication, advertisement, letter, press rele a s e , 13 etc.; 14 (d) The identity of the person (s) to whom said 15 statement was made; 16 (e) The n a m e , address, telephone number and title 17 of ,the person(s) who made or issued said statement. 18 19 21. At any time since January 1 , 1973 , have you been a 20 member of any organization w h i c h , at any t i m e , issued or made any statement, either oral or written, to the effect that asbestos or asbestos-containing products used in the construction or renova tion of buildings were capable of being used without: creating a health hazard? 22. If your answer to Interrogatory No. 21 is anything other than an unqualified "n o " , state for each such statement: (a) The date said statement was m a d e ; t 1 (b) The content or wording of said statement? 2 (c) The manner in which said statement was made, 3 e .g . , oral communication, advertisement, letter, press release, 4 etc.? 5 . (d) The identity of the person (s) to whom said 6 statement was made; 7 (e) The name, address, telephone number and title 8 of the person(s) who made or issued said statement. 9 10 23. If your response to Request for Admission No 11 served concurrently herewith, is other than an unqualified admis 12 sion, state: 13 (a) Each and every fact upon which you base your 14 refusal to admit said request for admission; 15 (b) The identity, sufficient for a notice to produce, of every document which you contend supports your refusal to admit that request for admission; (c) The n a m e , addr e s s , telephone number and title 9 ` of every person who you contend has knowledge of facts which support your refusal to admit said request for admission. 24 If your response to Request for Admission No. 2, served concurrently herewith, is other than an unqualified admis sion , state: (a) Each and every fact upon which you refusal to admit said request for admission; /// /// 1 (b) The identity, sufficient for a notice to 2 produce, of every document which you contend supports your refusal 3 to admit that request for admission; 4 (c) The name, address, telephone number and title 5 of every person who you contend has knowledge of racts which 6 support your refusal to admit said request for admission. 7 8 25. If your response to Request for Admission No 9 served concurrently herewith, is other than an unqualified admis 10 sion , state: 11 (a) Each and every fact upon which you base your 12 refusal to admit said request for admission; 13 (b) The identity, sufficient for a notice to 14 produce, of every document which you contend supports your refusal 15 to admit that request for admission; 16 (c) The name, address, telephone number and title 17 of every person who you contend has knowledge of racts which 18 support your refusal to admit said request for admission. 19 20 26. If your response to Request for Admission N 21 served concurrently herewith, is other than an unqualified admis sion , state: (a) Each and every fact upon which you base your refusal to admit said request for admission ; (b) The identity, sufficient for a notice to produce, of every document which you contend supports your re fusai to admit that request for admission; /// (v) v,..,? 1 (c) The name, address, telephone number 2 of every person who you contend has knowledge of .tacts which 3 support your refusal to admit said request for admission. 4 5 27. If your response to Request for Admission No 6 served concurrently herewith, is other than an unqualified admis 7 sion , state: 8 (a) Each and every fact upon which you base your 9 refusal to admit said request for admission; 10 (b) The identity, sufficient for a notice to 11 produce, of every document which you contend supports your refusal 12 to admit that request for admission? 13 (c) The name, address, telephone number and title 14 of every person who you contend has knowledge of facts which 15 support your refusal to admit said request for admission. 16 17 18 19 20 21 22 22 2' 21 2 < 2; 2 1 PROOF OF SERVICE BY MAIL 2 3 STATE OF CALIFORNIA ) ) ss. 4 COUNTY OF LOS ANGELES ) . 5 I declare that: 6 I am employed in the County of Los Angeles, State of 7 California. 8 I am over the age of eighteen years and not a party to 9 the within cause; my business address is 816 South Figueroa 10 Street, Los Angeles, California. 11 On April 18, 1985, I served the within document, entitled: 12 13 INTERROGATORIES PROPOUNDED AND SERVED CONCURRENTLY WITH REQUESTS 14 FOR ADMISSION TO ALL DEFENDANTS 15 on the interested parties by placing a true copy thereof enclosed 16 in a sealed envelope with postage thereon fully prepaid in the 17 United States mail at Los Angeles, California addressed as follow 18 . . . , >/\ i 11 \ i . x K t KINCAID, GIANUNZIO, CAUUUi 19 HUBERT ,, vn 200 Webster Street, Second F . Oakland, CA 941604-0828 20 _:Ip- Warran ESQ 21 22 I declare under penalty of perjury that the foregoing is 23 true and correct. 24 Executed this 18th day of April, 1985 at Los Angeles, 25 California. 26 27 28 / '" " N J 1 GREENE, O'REILLY, BROILLET, PAUL, SIMON, Mc Milla n , w h e e l e r * Ro s e n b e r g 2 LAWYERS LOS ANG ELES O F FIC E 816 SOUTH FIG U ERO A STREET 3 LO S A N G B L S S . C A L IF O R N IA 0 O O I7 -S O IS (213) 4 8 2 -1 1 2 2 (213) 4 8 2 -1 3 9 0 4 (SPACE BELOW FOR FILING STAMP ONLY) 5 Attorneys for P l a intiff 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 LOS ANGELES UNIFIED SCHOOL DISTRICT, 12 Plaintiff, 13 vs. 14 OWENS-CORNING FIBERGLAS, et 15 a l ., 16 Defendants. 17 ) CASE NO. C 440 317 ) - ) REQUESTS FOR ADMISSION ) PROPOUNDED AND SERVED ) CONCURRENTLY WITH INTERROGA ) TORIES TO ALL DEFENDANTS ) ) ) ) ) ) 18 TO DEFENDANT, KAISER GYPSUM COMPANY, INC., 19 AND TO ITS ATTORNEYS OF RECORD HERE I N : 20 These requests for admission are being served on each 21 and every defendant. 22 Plaintiff requests that you admit or deny, in writing and under oath, within thirty (30) days from the date of service of these Requests for Admission the truth of each of the follow ing statements of fact, and plaintiff further requests that you file answers to these Requests for Admission. These Requests are directed to your knowledge and to the contents of your books and records and of the knowledge of your 1 agents, servants, representatives, attorneys and insurers and 2 investigators, and of the books and records of each, and to the 3 knowledge of all of the persons of whom inquiry may reasonably be 4 made. 5 6 DEFINITIONS 7 8 "Friable", when used herein, means capable of being 9 crumbled, pulverized, or reduced to powder in the hand. 10 11 "Y o u " means and refers to y o u , your a g e n t s , your employTM 12 ees, your servants, your representatives and anyone else acting on your behalf or at your request. IF YOU FAIL TO COMP L Y WITH THE PROVISIONS OF SEC TION 2033 OF THE CODE OF CIVIL PROCEDURE WITH RESPECT TO THESE REQUESTS FOR ADMISSION, EACH OF THE MATTERS OF WHICH AN ADMISSION IS REQUESTED WILL BE DEEMED A D M I T T E D . . 9 ` REQUESTS FOR ADMISSION hazard. 1. Admit that airborne asbestos fibers are a health 2. Admit that friable asbestos-containing produc materials within buildings release asbestos fibers into the atmosphere and environment within said buildings. Ill ) 1 3. Adm i t that on January 27, 1980, there were fr 2 asbestos-containing products within buildings owned, operated 3 and/or maintained by the plaintiff. 4 5 4 . Admit that on January 27, 1983, there were friable 6 asbestos-containing products within buildings owned, operated 7 and/or maintained by the plaintiff. 8 i 9 5 . Admit that before January 27, 1980, there were 10 friable asbestos-containing products within buildings owned, 11 operated and/or maintained by the plaintiff. 12 13 6. Admit that between January 1, 1983, and the present, 14 you have informed, advised, or issued or made statement(s) , either 15 oral or written, to persons not employed or retained by you to the 16 effect that asbestos-containing products and materials used m the 17 construction and/or renovation of buildings we r e not hazardous 18 when used in the manner intended by or reasonably foreseeable to I to * 19 their manufacturer(s) . 20 21 7 . Admit that between January 1, 1973, and the present, 22 you have issued or made statement(s) , either oral or written, to 23 persons not employed or retained by you to the effect that there 24 is no health risk to persons within school b u i l d i n g s from the 25 presence of asbestos-containing products used in the construction 26 and/or improvement of said b u i l d i n g s . 27 I l l 28 I I I 1 IF YOU FAIL TO COMPLY WITH THE PROVISIONS OF SE C 2 TION 2033 OF THE CODE OF CIVIL PROCEDURE WITH RESPECT TO THESE 3 REQUESTS FOR ADMISSION, EACH OF THE MATTERS OF WHICH AN ADMISSION 4 IS REQUESTED WILL BE DEEMED A D M ITTED. 5 7 8 9 10 11 12 13 *5 1 PROOF OF SERVICE BY MAIL 2 3 STATE OF CALIFORNIA ) ) ss. 4 COUNTY OF LOS ANGELES ) 5 I declare that: 6 I am employed in the County of Los Angeles, State of 7 California. 8 I am over the age of eighteen years and not a party to 9 the within cause; my business address is 816 South Figueroa 10 Street, Los Angeles, California. 11 On April 18, 1985, I served the with i n d o c u m e n t , e n t i t l e d : 12 REQUESTS FOR ADMISSION PROPOUNDED AND SERVED CONCURRENTLY WITH INTERROGATORIES TO ALL DEFENDANTS ' i on the interested parties b y placing a true copy thereof enclosed.' in a sealed envelope with postage thereon fully prepaid in the United States mail at Los Angeles, California addressed as follow KINCAID, GIANUNZIO, UAUUUS\S HUBERT 200 Webster Street, Second FI. Oakland, CA 941604-0828 Attn: Patrick Hagan, Esq.- I declare under penalty of perjury that the foregoing is true and correct. Executed this 18th day of April, 1985 at Los Angeles, California. s s MARY T. BULL