San Francisco — Exhibit F - Standard Interrogatories (Friction)

Source: https://sf.courts.ca.gov/system/files/sfciv-027-exhibit-f-standard-interrogatories-friction.pdf

1 Attorney Name(s) or Party without Attorney Firm Name 2 Firm Address 3 City, State, Zip Code Phone Number(s) 4 Fax Number Email Address 5 6 Attorney for (Name) or Self-Represented

7 SUPERIOR COURT OF CALIFORNIA

8 COUNTY OF SAN FRANCISCO

9 PLAINTIFF'S NAME, Case Number: 10 Plaintiff, 11 ASBESTOS – EXHIBIT F vs. 12 STANDARD INTERROGATORIES (FRICTION) DEFENDANT'S NAME,13 14 Defendant

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Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit F - 1

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17 EXHIBIT F 18

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1 DEFENDANTS' STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION) [SET ONE] 2 3 PROPOUNDING PARTY: Defendants

4 RESPONDING PARTY:

5 SET NO.: One 6

7 INTRODUCTION 8 9 Each plaintiff in any asbestos case involving allegations of exposure to friction

10 products is required to answer the following standard interrogatories separately and fully

11 in writing, under oath, pursuant to Code of Civil Procedure section 2030 within 30 days 12 after service of the complaint. In responding to these standard interrogatories, YOU are 13 required to furnish all information that is available to YOU or YOUR attorney(s). If YOU 14 15 cannot answer an interrogatory completely, answer it to the fullest extent possible and

16 specify the reason(s) YOU are unable to respond fully.

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18 DEFINITIONS 19 1. "ASBESTOS-CONTAINING FRICTION PRODUCTS" means "BRAKE 20 21 LININGS" as defined below and MOTOR VEHICLE transmission parts such as clutches,

22 clutch plates, clutch discs, clutch facings and linings, or any other MOTOR VEHICLE

23 parts which contain or have parts made from asbestos. 24 2. "BRAKE LININGS" mean the metallic shoe and friction material attached 25 thereto as well as disc brake pads and calipers. 26 27 3. "CONTAINER" means any package, cart, box, wrapping, bag or other

28 material in which the ASBESTOS-CONTAINING FRICTION PRODUCTS came.

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1 4. "FRICTION MATERIAL DEFENDANTS" means those defendants who

2 plaintiff(s) has/have named in the complaint and who plaintiff(s) allege(s) are in the 3 business of selling, manufacturing or distributing ASBESTOS-CONTAINING FRICTION 4 PRODUCTS and/or any other MOTOR VEHICLE parts which plaintiff(s) allege(s) 5 6 contain asbestos.

7 5. "IDENTIFY" as used in reference to documents means to give such

8 specific descriptive information about each document with sufficient particularity as 9 would enable plaintiff to respond to a request to produce such document. 10 6. "IDENTIFY" as used in reference to any individual or entity means to state 11 12 their name, address, telephone number and, if appropriate, his/her employer,

13 employer's address and relationship to plaintiff (coworker, friend, relative, etc.).

14 7. "MOTOR VEHICLE" means any motor vehicle or mobile equipment and 15 their systems or parts, including but not limited to a car, truck, tractor, trailer, bus or 16 heavy motorized equipment upon which plaintiff claims he/she performed any repairs or 17 18 work that resulted in an exposure to asbestos.

19 8. "WRITTEN INFORMATION" means any printing, writing, labeling, logos,

20 imprints or stamps which might appear on ASBESTOS-CONTAINING FRICTION 21 PRODUCTS or CONTAINERS. 22 9. "YOU" or "YOUR" in a personal injury case means the plaintiff. In a 23 24 wrongful death case, they mean the decedent.

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1 INTERROGATORIES

2 INTERROGATORY NO. 1: 3 State the full name of each plaintiff answering these interrogatories. 4

5 6 INTERROGATORY No. 2:

7 Do YOU contend that YOU were exposed to asbestos from any

8 ASBESTOSCONTAINING FRICTION PRODUCTS at any place of employment? If so: 9 a. State the names and address of all places of employment where YOU 10 contend such an exposure took place. 11 12 b. State the dates YOU worked at each place of employment;

13 c. IDENTIFY YOUR immediate supervisor(s) at each place of employment;

14 d. IDENTIFY all of YOUR coworkers at each place of employment (whose 15 name YOU recall or whose identity is known to YOUR attorney); 16 e. IDENTIFY any other person with knowledge of YOUR alleged exposure at 17 18 each place of employment;

19 f. State YOUR job title at each place of employment;

20 g. State YOUR job responsibilities at each place of employment; 21 h. Provide a complete description of any work performed with 22 ASBESTOSCONTAINING FRICTION PRODUCTS by YOU which YOU contend caused 23 24 an asbestos exposure to YOU at each place of employment.

25 i. State the specific parts or components YOU worked with which YOU

26 contend were ASBESTOS-CONTAINING FRICTION PRODUCTS at each place of 27 employment; 28

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1 j. State the frequency of YOUR exposure to each specific

2 ASBESTOSCONTAINING FRICTION PRODUCT at each place of employment; 3 k. For brake replacements, describe the method used to clean the brake 4 assembly at each place of employment, including the tools and equipment used; 5 6 l. For clutch replacements, describe the method used to clean the clutch

7 assembly at each place of employment, including the tools and equipment used;

8 m. IDENTIFY by manufacturer and type each replacement ASBESTOS- 9 CONTAINING FRICTION PRODUCT installed by YOU by manufacturer and type (e.g., 10 brake linings by ABC Corp. and XYZ Corp.); 11 12 n. State whether YOU did any arcing of ASBESTOS-CONTAINING

13 FRICTION PRODUCTS at each place of employment and, if so, the frequency of this

14 activity; 15 o. State whether YOU did any grinding of ASBESTOS-CONTAINING 16 FRICTION PRODUCTS at each place of employment and, if so, the frequency of this 17 18 activity;

19 p. State whether YOU did any sanding of ASBESTOS-CONTAINING

20 FRICTION PRODUCTS at each place of employment and, if so, the frequency of this 21 activity; 22 q. State whether YOU did any cutting of ASBESTOS-CONTAINING 23 24 FRICTION PRODUCTS at each place of employment and, if so, the frequency of this

25 activity;

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1 r. State whether YOU did any drilling of ASBESTOS-CONTAINING

2 FRICTION PRODUCTS at each place of employment and, if so, the frequency of this 3 activity at each place of employment; 4 s. State whether YOU removed any ASBESTOS-CONTAINING FRICTION 5 6 PRODUCTS from MOTOR VEHICLES at each place of employment;

7 t. IDENTIFY by manufacturer and type each ASBESTOS-CONTAINING

8 FRICTION PRODUCT by YOU removed by manufacturer and type (e.g., brake linings 9 by ABC Corp. and XYZ Corp.); 10 u. Describe any WRITTEN INFORMATION which indicated the identity of the 11 12 manufacturer of any ASBESTOS-CONTAINING FRICTION PRODUCTS YOU removed

13 at each place of employment;

14 v. Describe the type of each MOTOR VEHICLE on which YOU performed 15 work with ASBESTOS-CONTAINING FRICTION PRODUCTS (e.g., car, light truck, 16 heavy truck, tractor, bus, etc.); 17 18 w. IDENTIFY the manufacturer of each MOTOR VEHICLE on which YOU

19 performed work with ASBESTOS-CONTAINING FRICTION PRODUCTS;

20 x. Completely describe any work performed with ASBESTOS-CONTAINING 21 FRICTION PRODUCTS by others which YOU contend caused an asbestos exposure to 22 YOU; 23 24 y. For each occasion on which YOU contend work performed with

25 ASBESTOS- CONTAINING FRICTION PRODUCTS by others caused an asbestos

26 exposure to YOU, state YOUR proximity to the work performed; 27

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1 z. IDENTIFY every supplier from whom YOU obtained

2 ASBESTOSCONTAINING FRICTION PRODUCTS at each place of employment; 3 aa. For each supplier IDENTIFIED above, state the years in which you 4 obtained ASBESTOS-CONTAINING FRICTION PRODUCTS from that supplier; 5 6 bb. Describe any safety equipment or protective devices for use with

7 ASBESTOS- CONTAINING FRICTION PRODUCTS provided to YOU or YOUR

8 coworkers at each place of employment; 9 cc. Describe any safety equipment or protective devices YOU or YOUR 10 coworkers were required to use with ASBESTOS-CONTAINING FRICTION 11 12 PRODUCTS at each place of employment;

13 dd. Describe any safety equipment or protective devices for use with

14 ASBESTOS- CONTAINING FRICTION PRODUCTS used by YOU or YOUR coworkers 15 at each place of employment; 16 ee. IDENTIFY all documents which support YOUR contention that YOU were 17 18 exposed to asbestos from any ASBESTOS-CONTAINING FRICTION PRODUCT (not

19 including documents obtained from other defendants through discovery);

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21 INTERROGATORY No. 3: 22 Do YOU contend that YOU were exposed to asbestos from any 23 24 ASBESTOSCONTAINING FRICTION PRODUCTS anywhere other than a place of

25 employment (i.e., during home auto repair)? If so, please state for each such exposure:

26 a. The location where YOU contend each such exposure took place; 27 b. The dates of each exposure; 28

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1 c. For each such exposure, IDENTIFY the owner of the MOTOR VEHICLE

2 on which YOU performed work with ASBESTOS-CONTAINING FRICTION 3 PRODUCTS; 4 d. For each such exposure, IDENTIFY any person who observed YOU 5 6 working with ASBESTOS-CONTAINING FRICTION PRODUCTS;

7 e. For each such exposure, IDENTIFY any other person with knowledge of

8 YOUR alleged exposure to ASBESTOS-CONTAINING FRICTION PRODUCTS; 9 f. For each such exposure, provide a complete description of any work 10 performed with ASBESTOS-CONTAINING FRICTION PRODUCTS by YOU which YOU 11 12 contend caused an asbestos exposure to YOU;

13 g. For each such exposure, describe the specific parts or components YOU

14 worked with which YOU contend were ASBESTOS-CONTAINING FRICTION 15 PRODUCTS; 16 h. For each brake replacement, describe the method used to clean the brake 17 18 assembly, including the tools and equipment used;

19 i. For each clutch replacement, describe the method used to clean the

20 clutch assembly, including the tools and equipment used; 21 j. For each such exposure, IDENTIFY by manufacturer and type the 22 replacement ASBESTOS-CONTAINING FRICTION PRODUCT installed by YOU (e.g., 23 24 brake linings by ABC Corp. and XYZ Corp.);

25 k. For each such exposure, whether YOU did any arcing of ASBESTOS-

26 CONTAINING FRICTION PRODUCTS; 27

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1 l. For each such exposure, whether YOU did any grinding of ASBESTOS-

2 CONTAINING FRICTION PRODUCTS; 3 m. For each such exposure, whether YOU did any sanding of ASBESTOS- 4 CONTAINING FRICTION PRODUCTS; 5 6 n. For each such exposure, whether YOU did any cutting of

7 ASBESTOSCONTAINING FRICTION PRODUCTS;

8 o. For each such exposure, whether YOU did any drilling of 9 ASBESTOSCONTAINING FRICTION PRODUCTS; 10 p. For each such exposure, whether YOU removed any ASBESTOS- 11 12 CONTAINING FRICTION PRODUCTS from a MOTOR VEHICLE;

13 q. For each such exposure, IDENTIFY by manufacturer and type each

14 ASBESTOSCONTAINING FRICTION PRODUCT removed by YOU removed (e.g., 15 brake linings by ABC Corp. and XYZ Corp.); 16 r. For each such exposure, describe any WRITTEN INFORMATION which 17 18 indicated the identity of the manufacturer of any ASBESTOS-CONTAINING FRICTION

19 PRODUCTS YOU removed;

20 s. For each such exposure, describe the type of MOTOR VEHICLE on which 21 YOU performed work with ASBESTOS-CONTAINING FRICTION PRODUCTS (e.g., 22 car, light truck, heavy truck, tractor, bus, etc.); 23 24 t. For each such exposure, IDENTIFY the manufacturer and model year of

25 MOTOR VEHICLE on which YOU performed work with ASBESTOS-CONTAINING

26 FRICTION PRODUCTS; 27

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1 u. For each such exposure, provide a complete description of any work

2 performed with ASBESTOS-CONTAINING FRICTION PRODUCTS by others which 3 YOU contend caused an asbestos exposure to YOU; 4 v. For each occasion on which YOU contend work performed with 5 6 ASBESTOSCONTAINING FRICTION PRODUCTS by others caused an asbestos

7 exposure to YOU, state YOUR proximity to the work performed;

8 w. Please IDENTIFY every supplier from whom YOU obtained 9 ASBESTOSCONTAINING FRICTION PRODUCTS; 10 x. For each supplier IDENTIFIED above, state the years in which YOU 11 12 obtained ASBESTOS-CONTAINING FRICTION PRODUCTS from that supplier;

13 y. For each such exposure, describe any safety equipment or protective

14 devices for use with ASBESTOS-CONTAINING FRICTION PRODUCTS used by YOU; 15 z. IDENTIFY all documents which support YOUR contention that YOU were 16 exposed to asbestos from any ASBESTOS-CONTAINING FRICTION PRODUCT (not 17 18 including documents obtained from other defendants through discovery).

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20 INTERROGATORY No. 4: 21 Have YOU ever received any formal instruction or training in MOTOR VEHICLE 22 inspection, repair, maintenance or mechanics? If so, please state: 23 24 a. Where YOU received such training;

25 b. When YOU received such training;

26 c. By whom the training was given, noting corporate identity as well as name 27 and address of individual(s); 28

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1 d. The subject or topics involved;

2 e. The systems or parts of the MOTOR VEHICLE involved; 3 f. Whether any safety equipment or protective devices with respect to 4 asbestos were discussed and/or advised and, if so, describe the equipment/devices; 5 6 and

7 g. Whether the subject of asbestos (asbestos parts, asbestos health

8 hazards, etc.) was discussed and, if so, what was said. 9

10 INTERROGATORY No. 5: 11 12 Were technical or ship manuals ever made available to YOU at any place of

13 employment where YOU performed MOTOR VEHICLE repairs? If so, please state:

14 a. At which place of employment or training or in what other circumstances 15 the manuals were made available; 16 b. The time periods during which the manuals were made available; 17 18 c. The identity of the manual (i.e., Chilton's, etc.);

19 d. What systems or components were covered in the manuals; and

20 e. YOUR use of the manual (including the frequency of use, reasons for use, 21 etc.). 22

23 24 INTERROGATORY No. 6:

25 Are YOU contending that any defect or defective condition exists with respect to

26 ASBESTOS-CONTAINING FRICTION PRODUCTS other than a failure to warn? If so: 27

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1 a. Set forth YOUR contention with respect to the alleged defect or defective

2 condition; 3 b. State all facts upon which YOU base YOUR contention that a defect or 4 defective condition (other than a failure to warn) exists with respect to ASBESTOS- 5 6 CONTAINING FRICTION PRODUCTS;

7 c. IDENTIFY all documents and/or writings upon which YOU rely in so

8 contending; and 9 d. IDENTIFY all witnesses who have knowledge of the facts upon which 10 YOU rely in so contending. 11

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13 INTERROGATORY No. 7:

14 Are YOU contending that any warnings regarding ASBESTOS-CONTAINING 15 FRICTION PRODUCTS given were inadequate or insufficient? If so, please state: 16 a. State YOUR contention as to each manufacturer or supplier of 17 18 ASBESTOS- CONTAINING FRICTION PRODUCTS to which YOU contend YOU were

19 exposed;

20 b. State YOUR contention as to how each warning was insufficient; 21 c. State YOUR contention as to what a proper warning should have been; 22 d. IDENTIFY the witnesses who have personal knowledge of the facts which 23 24 support any of the contentions set forth above.

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1 INTERROGATORY No. 8:

2 Do YOU contend that any misrepresentations were made to YOU by any 3 manufacturer or supplier of ASBESTOS-CONTAINING FRICTION PRODUCTS? If so, 4 please state: 5 6 a. The nature or substance of the misrepresentation;

7 b. By whom it was made;

8 c. To whom it was made; and 9 d. When it was made. 10

11 12 INTERROGATORY No. 9:

13 Do YOU contend that there was a violation of any state or federal law or

14 regulation by any manufacturer or supplier of the ASBESTOS-CONTAINING FRICTION 15 PRODUCTS to which YOU contend YOU were exposed? If so, state specifically and in 16 detail and by citation each and every state or federal law or regulation YOU contend 17 18 was violated and state the name of each manufacturer and/or supplier YOU contend

19 committed the violations.

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21 INTERROGATORY No. 10: 22 Were YOU/are YOU licensed or certified by any local, state or federal authority to 23 24 perform work upon MOTOR VEHICLES? If so, please state:

25 a. By whom YOU were or are licensed or certified;

26 b. When YOU were licensed or certified; 27 c. What the requirements were/are to become licensed or certified; 28

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1 d. Whether YOU had to pass any written examinations to become licensed

2 or certified; 3 e. Whether YOU had to pass any proficiency examinations to become 4 licensed or certified; 5 6 f. Whether YOU were ever retested or recertified and, if so, the dates of the

7 retesting or recertification; and

8 g. Whether YOUR license or certificate was revoked or suspended and, if so, 9 when and why. 10

11 12 INTERROGATORY No. 11:

13 Did YOU ever complain about working conditions, specifically any potential

14 hazards of working with ASBESTOS-CONTAINING FRICTION PRODUCTS? If so: 15 a. To whom did YOU complain; 16 b. When did YOU complain; 17 18 c. Describe the specific nature of YOUR complaint;

19 d. What action, if any, was taken to rectify the situation;

20 e. State when such action was taken; 21 f. State whether YOU repeated the complaints if no action was taken; 22 g. State whether YOUR coworkers joined in YOUR complaints; 23 24 h. IDENTIFY anyone who may have heard YOU make YOUR complaints; and

25 i. State whether YOUR complaints were made orally or in writing.

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1 INTERROGATORY No. 12:

2 To YOUR knowledge, were any air samplings for asbestos levels taken at any of 3 the locations at which YOU worked? If so, please state: 4 a. The work location or place of employment where this occurred; 5 6 b. When the sampling(s) took place;

7 c. By whom the sampling was performed;

8 d. By what method the sampling was performed; and e. The results of the 9 sampling. 10

11 12 INTERROGATORY No. 13:

13 To YOUR knowledge, did any governmental agency, federal, state or local,

14 conduct any inspection of any of YOUR work locations/places of employment? If so, 15 please state: 16 a. Name and address of each work place; 17 18 b. Date(s) of inspection;

19 c. Purpose of inspection;

20 d. Findings of the inspection; and 21 e. Whether any changes (of the facilities, equipment or in procedures) were 22 instituted in the work environment within three months of the inspection. 23

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25 INTERROGATORY No. 14:

26 At any time, were YOU aware of or did YOU read any bulletins, newsletters or 27 similar publications regarding ASBESTOS-CONTAINING FRICTION PRODUCTS or 28

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1 asbestos-related health hazards issued by any manufacturer, distributor or seller of

2 ASBESTOS-CONTAINING FRICTION PRODUCTS, governmental agency, dealership 3 association, union, organization of MOTOR VEHICLE mechanics or any other group, 4 association or organization? If so, please state: 5 6 a. The title of the publication;

7 b. The date of the publication;

8 c. The identity of the group publishing the document; 9 d. Where YOU saw the document (at the place of employment or mailed to 10 YOUR home); 11 12 e. When YOU saw the document (received regularly or on an intermittent

13 basis and the time frame of receipt);

14 f. The specifics or details of the information concerning asbestos health 15 hazards allegedly arising from ASBESTOS-CONTAINING FRICTION PRODUCTS; and 16 g. What, if anything, YOU did in response to the information contained in this 17 18 publication (including complaints to employers).

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20 INTERROGATORY No. 15: 21 Are YOU Medicare-eligible? If so, please state: 22 a. Whether you are currently enrolled in Medicare; 23 24 b. If you are not currently enrolled in Medicare, whether you have previously

25 been enrolled;

26 c. The dates on which you are or were enrolled in Medicare; 27 d. YOUR Medicare number. 28

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1 INTERROGATORY No. 16:

2 Has any person other than YOU received or sought treatment from Medicare for 3 any reason related to your claims in this case? If so, please state, for each such person: 4 a. The name, address, and telephone number; 5 6 b. The person's relation to you (e.g. spouse, natural child);

7 c. The person's Medicare number;

8 d. The inclusive dates of such treatment. 9

10 INTERROGATORY No. 17: 11 12 Have YOU filed a claim against a bankruptcy trust? If "yes," state for each claim:

13 a. The name and address of that trust;

14 b. The date YOUR claim was filed; 15 c. Either (1) attach all DOCUMENTS evidencing the information sought in 16 this interrogatory to your answers to interrogatories, or (2) attach disks containing such 17 18 data, or (3) describe such DOCUMENTS with sufficient particularity that they may be

19 made the subject of a request for production of documents.

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