Document xjZQXaXVNqxxEdeE3edwgNjzJ

FILE NAME: KUB DATE: 2010 KUB030 DOC#: KUB030 DOCUMENT DESCRIPTION: Legal - Responses to Interrogatories Set One o r FAX 133/137 i 1 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 5 Attorneys for Defendant, KUBOTA CORPORATION 6 7 SUPERIOR COURT FOR THE STATE OF CALIFORNIA S FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT > 10 RHODA EVANS and BOBBY EVANS ) (Unlimited Civil Case) n ) Plaintiffs, ) Case No.: BC 418867 12 ) Judge: Conrad R. Aragon, Dept. 49 V. 13 ) ) RESPONSES TO FORM ) INTERROGATORIES SET ONE 14 A.W. CHESTERTON COMPANY, et al. ) ) Date: February 5, 2010 15 Defendants. )) ) Action Filed: July 29, 2009 16 .) 17 PROPOUNDING PARTIES: RHODA EVANS AND BOBBY EVANS 18 RESPONDING PARTY: KUBOTA CORPORATION 19 SET NO.: ONE 20 Defendant KUBOTA CORPORATION ("Defendant" or "KUBOTA") hereby responds 21 :o Plaintiffs Rhoda Evans and Bobby Evans5 ("Plaintiffs") Form Interrogatories, Set No. 1 as 22 23 24 PRELIMINARY STATEMENT 25 These responses are made solely for the purpose of, and in relation to, this action. Each 26 esponse is given subject to all appropriate objections including, but not limited to, objections 27 jonceming competency, relevancy, materiality, propriety and admissibility, which would require 28 he exclusion of any statement contained herein where made by a witness present and testifying 0 17 25 FAX [] 134/ 137 1 GENERAL OBJECTIONS 2 KUBOTA objects to any instruction, interrogatory ore request that purposes to impose 3 upon KUBOTA any obligation not expressly set forth int eh California Rules of Civil Procedure 4 or in the Los Angeles Superior Court General Orders. In particular, KUBOTA objects to the 5 term "You" and "Your", "Defendant" and "Company" on the ground that these terms, as 6 7 defined, make the interrogatories vague, misleading and unduly burdensome, 8 KUBOTA objects to these interrogatories to the extent that they seek information oi 9 documents that are subject to the attorney-client privilege, constitute attorney work product or is 10 privileged information developed in anticipation of litigation or in preparation for trial. 11 KUBOTA objects to each interrogatory as unduly burdensome to the extent that it seeks 12 information received by KUBOTA or its counsel only as a result of asbestos litigation. 13 KUBOTA objects generally to these interrogatories to the extent that they purport to 14 15 require defendant to provide information or documents with respect to all of its subsidiaries and 16 affiliated companies which arc not part of KUBOTA's and have a separate existence, on the 17 grounds that as so defined, the interrogatories are over broad, and unduly burdensome, seek 18 information and documents not relevant to the subject matter of this action and are not 19 reasonably calculated to lead to the discovery of admissible evidence. 20 RESPONSES TO FORM INTERROGATORIES 21 22 RESPONSE TO FORM INTERROGATORY NO. 1.1; 23 See Preliminary Statement and General Objections, which are incorporated herein by 24 reference. These responses were prepared by counsel for KUBOTA from prior discovery 25 responses and information gathered over many years through discussions with numerous present 26 and former KUBOTA employees and review of relevant documents, KUBOTA does not have a 27 record of every person who supplied information. 28 I 17 25 FAX g| 135/ 137 1 RESPONSE TO FORM INTERROGOTORY NO. 17.1 2 See Preliminary Statement and General Objections. KUBOTA objects on the grounds 3 that this interrogatory is vague, overbroad, ambiguous, and not reasonably calculated to lead to 4 the discovery of admissible evidence. KUBOTA objects to the extent it calls for speculation or 5 information equally available to plaintiffs. Additionally, KUBOTA objects insofar as this 6 1 interrogatory seeks information protected by the attorney-client privilege and work product S doctrine. To the extent that the information requested by this interrogatory has already been 9 answered by KUBOTA in its responses to Standard Interrogatories and/or Special Interrogatories 10 propounded by plaintiffs, KUBOTA further objects under General Order No. 22'$ protection that 11 no party must answer any interrogatory more than one, and, therefore, as allowed under General 12 Order No, 22, KUBOTA incorporates herein such responses, copies o f which plaintiffs already 13 have or will have in their possession. Finally, KUBOTA objects on the grounds that Los 14 15 Angeles General Order No. 22 only allows plaintiffs to serve one individual set of 16 interrogatories, and plaintiffs have already served a set of interrogatories on this defendant. 17 Dated: March 15,2010 18 19 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 20 21 TAhidoemCas. OCn. tCivoerrloesss 22 KAUttoBrOneTyAs fCorODRePfOenRdAanTt,ION 23 24 25 26 27 28  1 25 FAX 136/137 PROOF OF SERVICE 1 1013a(3) CCP 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 1am employed in the County of Los Angeles, State of California. I am over the age of 18 4 and not a party to the within action; my business address is 555 South Flower Street, 29th Floor, 5 Los Angeles, California 9007L 6 On M arch 15t 2010 I caused the foregoing document described as DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS' FORM INTERROGA 7 TORIES, SET ONE, No. 17.1 to be served on the interested parties in this action by placing a true copy thereof enclosed in seal envelopes addressed as follows: 8 9 SEE ATTACHED SERVICE LIST 10 [X] (BY FACSIM ILE) I caused said document to be telephonically transmitted to each addressee's telecopier (Fax) number as noted on Proof of Service List II AND 12 13 [X] 14 15 16 (BY MAIL) 1 caused such envelope(s) fully prepaid to be placed in the United Stated 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, California 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. 17 [] 18 19 [] 20 21 (BY OVERNIGHT-FEDERAL EXPRESS) I caused said document(s) 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 DELIVERY/PERSONAL SERVICE) I caused said document(s) to be personally delivered by a courier/attorney service to the addressee as noted on the Service list. 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 Executed on M arch 15,2010, Los Angeles, California. 24 25 26 27 28 ! o r FAX 137/137 SERVICE LIST 1 RHODA EVANS, ef a/, v. KUBOTA CORPORATION, et a l 2 Case No.: BC418867 Our File No.: 00495.06997 3 Jeffrey A, Kaiser, Esq. 4 T, Scott Hames, Esq. Attorneys for Plaintiffs, RHODA EVANS and BOBBY EVANS LEVIN SIMES KAISER & GORN1CK LLP 5 44 Montgomery Street, 36'hFloor Tel: (415)646-7160 - Fax: (415)981-1270 San Francisco, California 94104 6 (ORIGINAL) 7 K&L Gates, LLP 8 FSaonurFEramnbciasrccoa,dCerAo C9e4n1t1e1r, Suite 1200 9 (COPY) Attorneys for Crane Co., Individually & as successor-in-interest 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 L3 (COPY) Attorneys for Advocate Mines, Limited Tel: (213) 250-1800 - Fax: (213) 580-7942 orauiolafoUbbsiaw.com 14 William J. Sayers, Esq. Attorneys for Certain-Teed Corporation Farah S. Nicol, Esq. 15 Mary McKelvey, Esq. Tel: (213) 688-1000 - Fax: (213) 243-6330 McKENNA, LONG & ALDRIDGE, LLP mmckeIveY(S)mckerinalon,com (6 300 S. Grand Avenue, Suite 1400 Los Angeles, CA 90071 17 (COPY) 18 Carmen A. Trutanich, Esq, 19 EPaskmeellaSoLl.oMmocnF,aErlsaqn.e, Esq. 20 I l l North Hope Street, Suite 340 P.O. Box 51111 21 Los Angeles, CA 90051 22 (COPY) Attorneys for Los Angeles Department of Water and Power Tel: (213) 367-4640- 4534 - Fax; (213) 367-4588 (Maggie Flores --Secretary Pamela.mcfarlanei ladwn.com Eskel.solomon,ladwp.com 23 R, Gregory Amudson, Esq, Seymour B, Everett, Esq, 24 WOOD, SMITH, HENNrNG & BERMAN 5000 Birch Street, Suite 8500 25 Newport Beach, CA 92660 26 (COPY) 27 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: (949) 757-4550 2amuds0niflHvshblaw.com severettiSlwshblaw.com 28 7