Document ybY9p92gNQG04EQ1rdjyKdrj4
FILE NAME Kaiser Gypsum KG
DATE 1985
DOC KG040
DOCUMENT DESCRIPTION Legal - Interrogatories Propounded & Served Concurrently with Requests for Admission to All Defendants
GREENE O'REILLY BROILLET PAUL SIMON MCMILLAN WHEELER & ROSENBERG
LAWYERS
LOS ANGELES OFFICE 816 SOUTH FIGUEROA STREET LOS ANGELES CALIFORNIA 90017-2516
213 482-1122
213 482-1350
SPACE BELOW FOR FILING STAMP ONLY
5
Attorneys for
Plaintiff
6
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES 9
10
LOS ANGELES UNIFIED SCHOOL 11
DISTRICT
)
CASE NO C 440 317
) ) INTERROGATORIES PROPOUNDED AND
12
Plaintiff
) SERVED CONCURRENTLY WITH
) REQUESTS FOR ADMISSION TO
13 (:
VS.
) ALL DEFENDANTS
) *, 1
14
CORNING FIBERGLAS et
)
15
al
)
)
16
Defendants
)
)
18
TO DEFENDANT KAISER GYPSUM COMPANY INC
19
AND TO ITS ATTORNEYS OF RECORD HEREIN
These interrogatories are being served on each and every
21
defendant herein
22
Plaintiff requests that you answer the following interrog-
23 atories pursuant to Section 2030 of the California Code of Civil
24
Procedure within thirty 30 days of service thereof
GENERAL PROVISIONS
26
27 These interrogatories ask not only for your knowledge and
the contents of your own books and records but also knowlege
^'
of all other persons with whom made from the contents of books
inquiry may
and records
reasonably have been
available to you for
examination
Your answers to these interrogatories should be
based on all the aforementioned sources
10
11
KOSENBRG 9017-258 12 NICE STRET 13
NICE
482-1350482-12 ae &a
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14
CALIFORNWHELRLAWY ANGELFIGU 15 213 213 LOS SOUTH 16
ANGELS918 17
MCILAN LOS
18
19
If following your exercise of due diligence to answer any interrogatory you are still unable to provide the information
requested please state in detail
a your answer to the fullest extent possible
b why you are unable to answer more fully
c d
what efforts you have made to answer fully the anticipated date of your completion of
said
investigation and discovery necessary to answer fully
When an interrogatory asks you to identify a writing 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
20
2 If you refuse to voluntarily attach a copy of that
2
writing then identify each such writing in detail so that it may
2 be produced by you in response to plaintiff's Notice to Produce
2
or other discovery device
25
26 If objections to these interrogatories are not filed
27
within thirty 30 days as provided in Code of Civil Procedure
28
Section 2030 said objections will be waived
DEFINITION
You means and refers to you your agents your employees 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
.
10 present
issue or make any statement
oral or written
to the
11
KOSENBERG KOSENBERG
9017-256 KOSENBERG
12
KOSENBERG STRET
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13
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14
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Wheeler SOUTH
,
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15
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ANGELS MCMILLAN
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16
MCMILLAN
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MCMILLAN
MCMILLAN
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18
effect that asbestos or 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
19
b The content or wording of said statement
20
c
The manner in which said statement was made
21 g oral communication advertisement letter press release
etc 23
d The identity of the person to whom said
24
statement was made
25
e The name address telephone number and title
26
of the person who made or issued said statement
27
///
28
///
3 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 containing products used in the construction or renovation of buildings do not constitute a health hazard or risk to humans from the asbestos in said products
10
11
90 17-2018
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90 17-2018
9017-2018
90017-2018
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90017-2018
OVENSC STRETCE |,
***
*
***
CALIFORNIA 482-1350
CALIFORNIA 482-1122 CALIFORNIA 482-134582-01350
482-1350
CALIFORNIA 482-1122
CALIFORNIA 448822--11335500
CALIFORNIA 482-1350
FIGU CALIFORNIA
LAWYE CALIFORNIA ) 213
DHA ANGEL 213
12 13 14 15
ANGELES 213
SOUTH ( ANGELES
LOS 16 ANGELES ANGELES
ANGELES
MCILAN
818 ANGELES ANGELES LOS
17
18
4. If your answer to Interrogatory No. 3 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
e.g.
oral
c
The manner in which said statement was made
communication advertisement letter press release
etc
d The identity of the person
|
statement was made
to whom said
e The name address telephone number and title
of the person who made or issued said statement
19
5. Were you ever advised informed or otherwise made
aware that an employee of any other entity that mined manu
21
factured or distributed asbestos or containing products
22
made or issued any statement to the effect that asbestos or
containing products used in the construction or renova-
2 tion of buildings were capable of being used without creating a
25
health hazard or risk to humans from the asbestos in said prod-
26
ucts
27
///
28
///
Sassigeet
6. If your answer to Interrogatory No. 5 is anything
other than an unqualified no state for each such statement
a
The date you became aware that said statement
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 release
8 etc
d The identity of the person to whom said
10
11
KOSENBRG _ RET9017-28
12 13
a
&~
CALIFORNAANGELS WHELR LAWYERANGELS FIGUER
482-1 482-1350
14 15
213 213
LOS SOUTH 16
918
17
MCILAN LOS
18
19
21
statement was made
e The name of the person who made or issued the
statement and the entity by whom he was employed at the time the
statement was made
7. Were you ever advised informed or otherwise made aware that an employee of any other entity that mined manu-
factured or distributed asbestos or containing products
made or issued any statement to the effect that asbestos or
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
22
23
8.
If your answer to Interrogatory No. 7 is anything
24
other than an unqualified no state for each such statement
25
a
The date you became aware that said statement
26
was made
27
b
The content or wording of said statement
28
///
e.g.
c
The manner in which said statement was made
oral communication advertisement letter press release
etc
d The identity of the person to whom said
|
statement was made
e
The name of the person who made or issued the
statement and the entity by whom he was employed at the time the
statement was made
10
11
me
9017-258 12
mer FRET
et FREET
13
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LAWYERVANT ANGELSFIGUECALIFORNA 482-12
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VANTA
213 213
LOS SOUTH 16
ANGELS AWTHAT 816 17
TAI LOS
18
9 Since January 1 1973 have you or anyone on your
behalf or purporting to represent you or any organization of which
statement you were a member testified or issued or made any
either oral or written to the federal government or to any state
government or to any branch agency committee subcommittee or
any other subdivision thereof to the effect that asbestos or
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
19
20
10.
If your answer to Interrogatory No. 9 is anything
22
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
25
g oral communication advertisement letter press release
2
etc
27
d The identity of the person or entity to whom
23
said statement was made
e The name address telephone number and title of the person who made or issued said statement
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 either oral or written to the federal government or to any state
8 government or to any branch agency committee subcommittee or
any other subdivision thereof to the effect that asbestos or
10
containing products used in the construction or renova-
11
ROSENBRG 9017-268 12
STRET[=
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13
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CALIFORNWhelerLAWYERANGELSFIGUER
482-12 482-1350
14 15
213 213
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17
MCILAN LOS
er
18
19
tion of buildings were capable of being used without creating a health hazard or risk to humans from the asbestos in said prod-
ucts
12. If your answer to Interrogatory No. 11 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
21
etc
22
d The identity of the person or entity to whom
23
said statement was made
24
e The name address telephone number and title
25
of the person who made or issued said statement
26
///
27
///
28
///
C
1
13. Do you contend that plaintiff was or should have
2 been aware prior to January 27 1980 that its properties had
3 been damaged by asbestos
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 30017-2518
3017-2518
30017-2518
12
30017-2518
EET
30017-2518 13
CALIFORNI
woe
482-1350
CALIFORNI 14
CALIFORNI
ANGELES
)
15
ANGELES 213
213
Py ANGELES
/ ANGELES 16
17
;
LOS
:
LOS
18
19
20
21 22 23
.
contention
c The identity of each and every communication
whether oral or written on which you rely in making your conten-
tion
d
The name
address
and
oc upation
occupation
of
each
and
every individual who has knowledge of facts which support your
contention
15.
Ss
Since January 1
1973
have you issued or made any
statement either oral or written to your stockholders employ-
ees agents or customers to the effect that asbestos or asbestos-
containing products used in the construction or renovation of
buildings do not constitute a health hazard
24
25
16
If your answer to Interrogatory No. 15 is anything
26
other than an unqualified no state for each such statement
27
a
The date said statement was made
28
b
The content or wording of said statement
e.g.
c
The manner in which said statement was made
oral communication advertisement letter press release
etc
d The identity of the person to whom said
5
statement was made
6
e The name address telephone number and title
7 of the person who made or issued said statement nee: Ty
10
11
9017-258ne
ew
12
ene
aw
13
f
wo _&
CALIFORNWECLRLAWYERS ANGELSFIGUERO
482-12 482-1350
14 15
213 213
LOS SOUTH 16
MCILAN 818 ANGELS
17
MCMILAN LOS
18
19
20
21
17 Since January 1 1973 have you issued or made any
statement either oral or written to your stockholders employ- employ-
ees agents or customers 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
18 If your answer to Interrogatory No. 17 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
e.g.
oral
c
The manner in which said statement was made
communication advertisement letter press release
etc 23
d The identity of the person to whom said
2222
statement was made
2222
e
The name address telephone number and title
2222
of the person who made or issued said statement
27
//
28
///
19. At any time since January 1 1973 have you been a
member of any organization which at any time issued or made any
statement either oral or written to the effect that asbestos or
containing products used in the construction or renova-
tion of buildings do not constitute a health hazard
6
7
20.
If your answer to Interrogatory No. 19 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
9017-208 12
REET
.
13
nn
:
CALIFORNLAWYERS ANGELSFIGUER
482-1 482-1350
14 15
213 213
LOS SOUTH 16
i
1
ANGELS:: 816
i
17
)
i
LOS
18
19
20
21
22
23
e.g. oral communication advertisement letter press release
etc
d The identity of the person to whom said
statement was made
e The name address telephone number and title
of the person who made or issued said statement
21. At any time since January 1 1973 have you been a
member of any organization which at any time issued or made any
statement either oral or written to the effect that asbestos or
containing products used in the construction or renovation of buildings were capable of being used without creating a
24
health hazard
25
26
22
If your answer to Interrogatory No. 21 is anything
27
other than an unqualified no state for each such statement
28
a The date said statement was made
a
-
Ui
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 to whom said
6
statement was made
7
e The name address telephone number and title
8
of the person who made or issued said statement
9
10
90017-2018
90017-2018
90017-2018
90 17-2018
90017-2018 90017-2018 90017-2018 90017-2018 90017-2018
CALIFOR^
11 12 13
CALIFOR^ 14
ANGELES 15
ANGELES 16
a
:
LOS 17
18
19
20
23
If your response to Request for Admission No. 1
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 refusal
to admit that request for admission
c The name address telephone number and title
has of every person who you contend
knowledge of facts which
support your refusal to admit said request for admission
.
21
22
24.
If your response to Request for Admission No. 2
23
served concurrently herewith is other than an unqualified admis-
24
sion state
25
a
Each and every fact upon which you base your
26
refusal to admit said request for admission
27
///
28
///
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 name address telephone number and title
5 of every person who you contend has knowledge of facts which
6 support your refusal to admit said request for admission
8
25
If your response to Request for Admission No. 3
9 served concurrently herewith is other than an unqualified admis-
10
11 9017-2518
90017-2518
90 17-2518
90017-2518
12
90017-2518
REET 9017-2518
.
13
CALIFORNY 482-1350
+ CALIFORNY 482-1350
|
CALIFORNY 482-1350
CALIFORNY 482-1350
CALIFORNY 482-1350 482-1350 CALIFORNY 482-1350
FIGUER CALIFORNY CALIFORNY 213
14 15
ANGELS ANGELES 213
S61 3797ESTAT
ANGELES
S61 3797ESTAT
ANGELES S6113797ESTAT
LOS SOUTH 16 S613797ESTAT
S61 3797ESTAT
ANGELES
S61379ESTA
ANGELES
919 ANGELES S613797ESTAT
S6113797ESTAT
S61 3797ESTAT
S61379ESTA ANGELES
17
MATAT
MATAT
LOS
18
19
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 refusal
to admit that request for admission
c
The name address
telephone number and title
of every person who you contend has knowledge of facts which
support your refusal to admit said request for admission
20
26. If your response to Request for Admission No. 4
21 served concurrently herewith is other than an unqualified admis-
sion state
23
a
Each and every fact upon which you base your
24
refusal to admit said request for admission
25
b
The identity
sufficient
for
a
notice
to
26
produce of every document which you contend supports your refusal
27
to admit that request for admission
28
III
1
c The name address telephone number and title
2
of every person who you contend has knowledge of facts which
3
support your refusal to admit said request for admission
4
5
27.
If your response to Request for Admission No. 5
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
10
11
REET9017-258 12 13
=
LAWYERSANGELS CALIFORN 482-1350 FIGUER tal 14 15
SOUTHLOS FETAT
FETAT
213 213
16
FETAT
FETAT
FETAT
ANGELSFETAT
816
FETAT
17
3
TAT
TAT
LOS
18
refusal to admit said request for admission
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 name address
telephone number and title
of every person who you contend has knowledge of facts which
support your refusal to admit said request for admission
19
20
21
23 24 3 2 2 28
PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA
)
COUNTY OF LOS ANGELES
).
5
I declare that
of 6
I am employed in the County of Los Angeles State
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
United States mail at Los Angeles California addressed as follow
18
GIANUNZIO CAUDLE &
KINCAID
19 HUBERT Street SecondFl .
200 Webster
20 Oakland CA 941604-0828
Attn Patrick Hagan Esq
21
22
I declare under penalty of perjury that the foregoing is
23
true and correct
22
Executed this 18th day of April 1985 at Los Angeles
25
California
22
22
GREENE O'REILLY BROILLET PAUL SIMON MCMILLAN WHEELER & ROSENBERG
LAWYERS LOS ANGELES OFFICE 816 SOUTH FIGUEROA STREET LOS ANGELES CALIFORNIA 90017-2516
213 482-1122 213 482-1350
A
5
Attorneys for
Plaintiff
6
SPACE BELOW FOR FILING STAMP ONLY
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 CORNING FIBERGLAS et
al
16
Defendants
ee
CASE NO C 440 317
Se
So
REQUESTS FOR ADMISSION
ee
PROPOUNDED AND SERVED
oe
CONCURRENTLY WITH INTERROGA-
Se
TORIES TO ALL DEFENDANTS
Te
Cat
See
Ne
Soe
et
18
TO DEFENDANT
KAISER GYPSUM COMPANY INC
19
AND TO ITS ATTORNEYS OF RECORD HEREIN
These requests for admission are being served on each
21
and every defendant
you 22 Plaintiff requests that admit or deny in writing
and under oath within thirty 30 days from the date of service
23
24 of these Requests for Admission the truth of each of the follow-
ing statements of fact and plaintiff further requests that you
26
file answers to these Requests for Admission
27 These Requests are directed to your knowledge and to the
contents of your books and records and of the knowledge of your
agents servants representatives attorneys and insurers and investigators and of the books and records of each and to the knowledge of all of the persons of whom inquiry may reasonably be
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
017-258 12
STRET
OFFICE STREET
OFFICE STREET
13
OFFICE
OFFICE
NR,OFFICE r
FIGUER
FIGUER FIGUFEIGRUER CALIFO
482482- FIGUER CALIFO
ANGELES FIGUER CALIFO CALIFO
ANGELES SOUTH
ANGELES
EIZ 213 ANGELES
, 14
15
SOUTH ANGELES
SOUTH ANGELES
16
ANGELES
816 ANGELES
816 ANGELES
LOS
18
19
You means and refers to you your agents your employees your servants your representatives and anyone else acting on your behalf or at your request
IF YOU FAIL
-- COMPLY 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 ADMITTED
@
20
REQUESTS FOR ADMISSION
2
22
1 Admit that airborne asbestos fibers are a health
23
hazard
22
25
2 Admit that friable containing products and
26
materials within buildings
release asbestos
fibers into the
atmosphere and environment within said buildings
28
//1
3. Admit that on January 27 1980 there were friable
containing products within buildings owned operated and maintained by the plaintiff
5
4. Admit that on January 27 1983 there were friable
6 containing products within buildings owned operated
7 and maintained by the plaintiff
8
9
5. Admit that before January 27 1980 there were
10 friable containing products within buildings owned
11
TRET 017-256 12
OFICE TREET Fey, =
13
4
14
FIGUEFCALIFO482 48215
ANGELS 213 213
LOS SOUTH 16
ANGELS616
LOS
18
19
operated and maintained by the plaintiff
6. Admit that between January , 1983 and the present
you have informed advised oral or written to persons
or issued or
not employed
made statement
or retained by you
either to the
and materials used in the
effect that containing products
construction and renovation of buildings were
when used in the manner intended by or reasonably
a
their manufacturs er
not hazardous
foreseeable to
20
21
7. Admit that between January , 1973 and the present
22
have issued or made statement either oral or written to
you
23 persons not employed or retained by you to the effect that there
24 is no health risk to persons within school buildings from the
of containing products used in the construction
presence
and improvement of said buildings
27
///
28
///
IF YOU FAIL / COMPLY WITH THE PROVISIONS OF SECTION 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 ADMITTED 5
6
8
9
10
90017-2518
90017-2518
90017-2518
90 17-2518
90017-2518
90017-2518
TRE T 90017-2518 90017-2518 OFFICE
OFFICETREET
11 12 13
&
482-145482 LAWYERS
14
ANGELES FIGUER CALIFO
ANGELES CALIFO
ANGELES CALIFO
ANGELES CALIFO
15
213 213 ANGELES SOUTH ANGELES
LLOOSS AANNGGEELLEESS 16
ANGELES
ANGELES
LOS
18
19
20
21
N N N N 27 28
2 3 4
5
6 7 8
9 1010
1111 1212
1313
1414
115 5 1166
17 18 19
PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA
)
COUNTY OF LOS ANGELES
)
I declare that
I am employed in the County of Los Angeles State of
California
I am over the age of eighteen years and not a party to
the within cause my business address is 816 South Figueroa
Street Los Angeles California
On April 18 1985 I served the within document
entitled
REQUESTS FOR ADMISSION PROPOUNDED AND SERVED CONCURRENTLY WITH INTERROGATORIES
TO ALL DEFENDANTS
on the interested parties by 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 CAUDLE &
HUBERT 200 Webster
Street
Second Fl
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
7
f m7 .
eae
TV IE
MARY T. BULL