San Francisco — Exhibit G - Standard Requests for Production and Identification of Documents

Source: https://sf.courts.ca.gov/system/files/sfciv-028-exhibit-g-standard-requests-production_-identification-documents.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 G vs. 12 STANDARD REQUESTS FOR PRODUCTION AND IDENTIFICATION DEFENDANT'S NAME, 13 OF DOCUMENTS 14 Defendant

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28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 1 SFCIV-028 Rev. Jun-29-2019

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18 EXHIBIT G 19

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28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 2 SFCIV-028 Rev. Jun-29-2019

1 DEFENDANTS’ STANDARD REQUESTS FOR PRODUCTION AND IDENTIFICATION OF DOCUMENTS AND THINGS TO PLAINTIFF(S) [SET ONE] 2

3 PROPOUNDING PARTY: Defendants 4 RESPONDING PARTY: 5

6 SET NO.: One

7 Plaintiff(s) above named is/are hereby requested within 30 days after service of

8 the complaint or 10 days prior to the date initially noticed for the deposition of 9 Plaintiff(s), whichever is earlier to identify and produce for inspection and copying the 10 records and things described herein below. 11

12 The below described documents are currently in your possession, custody or

13 control, are not privileged, and are relevant to the subject matter of this action or

14 reasonably calculated to lead to the discovery of admissible evidence in this action. 15

16 INSTRUCTIONS 17

18 1. You are requested to produce not only those writings and any indices

19 thereto in your possession, custody or control, but also those writings reasonably

20 available to you, including those in the possession, custody or control of your attorneys, 21 agents, or any other person acting on your behalf. 22 2. You are requested to produce all writings in the same form and order as 23

24 they were kept prior to this notice to produce.

25 3. In the event you are able to produce only some of the writings called for in

26 a particular request, please produce all writings you are able to produce. 27 4. Your responses must be verified under oath. 28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 3 SFCIV-028 Rev. Jun-29-2019

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2 DEFINITIONS 3 1. “DOCUMENT” or “WRITING” are defined as in Evidence Code Section 4 250; and these words refer to all such materials, however produced or reproduced, in 5 6 your actual or constructive possession, custody, care or control; and includes, but is not

7 limited to, originals, copies, non-identical copies, and preliminary, intermediate, and final

8 drafts of all writings. Evidence Code Section 250 provides: “Writing means handwriting, 9 typewriting, printing, photostating, photographing, and every other means of recording 10 upon any tangible thing, any form of communication or representation, including letters, 11 12 words, pictures, sounds, or symbols, or combinations thereof.” A reference herein to

13 any one or more of these types of writings shall be construed to include all other types

14 of writings without limitation. 15 2. “YOU” and “YOUR” refers to plaintiff(s), the allegedly injured party, his/her 16 agents, his/her attorneys, and anyone on his/her behalf. 17 18 3. “EXPOSED PERSON” means to state the complete name and address of

19 each person whose claimed exposure to asbestos is the basis of this lawsuit.

20 4. As used herein, the term “MEDICAL TREATMENT FACILITY” means 21 hospitals, dispensaries, laboratories, optometry clinics, psychological clinics, clinics of 22 all other kinds, mental institutions, radiology laboratories, pathology laboratories, rest 23 24 homes, sanitariums, convalescent homes, and all other institutions, organizations, and

25 facilities wherein are practiced the healing arts.

26 5. As used herein, the term “MEDICAL PRACTITIONER” refers to all 27 physicians, osteopaths, dentists, chiropractors, nurses, psychiatrists, psychologists, 28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 4 SFCIV-028 Rev. Jun-29-2019

1 optometrists, physical therapists, and all other persons practicing, or purporting to

2 practice, the healing arts. 3

4 WRITINGS AND OTHER TANGIBLE ITEMS REQUESTED 5 6 REQUEST FOR PRODUCTION No. 1:

7 All DOCUMENTS and WRITINGS (including photographs) concerning,

8 illustrating, showing or describing any raw asbestos or materials or products containing 9 asbestos that the plaintiff or exposed party allegedly used or to which the EXPOSED 10 PERSON was allegedly exposed. 11

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13 REQUEST FOR PRODUCTION No. 2:

14 All DOCUMENTS in plaintiff’s possession or under plaintiff’s control that identify 15 the retail and wholesale suppliers of the alleged asbestos-containing materials that 16 caused the claimed injuries. 17

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19 REQUEST FOR PRODUCTION No. 3:

20 All DOCUMENTS and WRITINGS allegedly concerning, proving or indicating 21 how the EXPOSED PERSON allegedly used the asbestos products and how the 22 EXPOSED PERSON was allegedly exposed to the asbestos products. 23

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25 REQUEST FOR PRODUCTION No. 4:

26 All DOCUMENTS AND WRITINGS concerning or constituting communications 27 (written or verbal) to or from any labor union concerning asbestos. 28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 5 SFCIV-028 Rev. Jun-29-2019

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2 REQUEST FOR PRODUCTION No. 5: 3 All DOCUMENTS and WRITINGS substantiating an income loss, loss of 4 business, or damages due to the EXPOSED PERSON’s physical condition, including 5 6 W2 forms, wage statements, Social Security records, workers’ compensation files, profit

7 and loss statements, and documentation of retirement and/or pension plans.

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9 REQUEST FOR PRODUCTION No. 6: 10 All containers (e.g., boxes, cans, buckets, sacks, etc.) collected by, under 11 12 the control or in the possession of the plaintiff evidencing or containing any raw

13 asbestos or materials or products containing asbestos to which the EXPOSED

14 PERSON claims to have been exposed. 15

16 REQUEST FOR PRODUCTION No. 7: 17 18 Samples of all raw asbestos or materials or products containing asbestos to

19 which the EXPOSED PERSON claims to have been exposed.

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23 24 REQUEST FOR PRODUCTION No. 8:

25 All DOCUMENTS and WRITINGS showing the names of employers, locations

26 and jobs that the EXPOSED PERSON worked on, including any personal diaries, work 27 diaries and photographs. 28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 6 SFCIV-028 Rev. Jun-29-2019

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2 REQUEST FOR PRODUCTION No. 9: 3 All DOCUMENTS and WRITINGS (e.g., articles, papers and/or notes) collected 4 by, under the control or in the possession of plaintiff that concern health hazards 5 6 associated with asbestos materials.

7 REQUEST FOR PRODUCTION NO. 10:

8 Copies of all medical bills incurred due to the EXPOSED PERSON’s alleged 9 medical condition(s) that are the subject of this lawsuit. 10

11 12 REQUEST FOR PRODUCTION No. 11:

13 All DOCUMENTS and WRITINGS representing, recording or referring to any

14 disability pension or disability insurance benefits received by the EXPOSED PERSON 15 or claims/applications by the EXPOSED PERSON for such benefits. 16

17 18 REQUEST FOR PRODUCTION No. 12:

19 All transcripts of testimony and statements under oath by plaintiff or the

20 EXPOSED PERSON relating to the physical condition of plaintiff or the EXPOSED 21 PERSON. 22

23 24 REQUEST FOR RODUCTION No. 13:

25 All DOCUMENTS and WRITINGS arising out of any employment of the

26 EXPOSED PERSON at which the EXPOSED PERSON claims asbestos exposure 27

28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 7 SFCIV-028 Rev. Jun-29-2019

1 including but not limited to personnel files, physical examinations, medical clearances

2 and performance reviews. 3

4 REQUEST FOR PRODUCTION No. 14: 5 6 (For the spouse of the EXPOSED PERSON only) Marriage certificate(s) of the

7 spouse of the EXPOSED PERSON in a loss of consortium action.

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9 REQUEST FOR PRODUCTION No. 15: 10 All DOCUMENTS and WRITINGS collected by, under the control or in the 11 12 possession of plaintiff that identify the retail and wholesale suppliers of the alleged

13 asbestos-containing materials that caused the claimed injuries.

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15 REQUEST FOR PRODUCTION No. 16: 16 If the EXPOSED PERSON is or was a proprietor of a business involving sale, 17 18 use or distribution of asbestos-containing products, provide with respect to said

19 business all purchase orders, purchase receipts, bills of lading, shipping and/or

20 receiving documents, invoices or bills relating to the purchase, sale or use of any 21 asbestos-containing products in the business, canceled checks, check registers, 22 accounts payable ledgers, accounts receivable ledgers, general ledgers, accounting 23 24 books and papers relating to the business, architectural specifications, books, product

25 brochures or other literature, manuals, catalogs, price lists, reference guides, books or

26 other papers received from suppliers or manufacturers relating to asbestos-containing 27 products, packages or containers of asbestos-containing products. 28 Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit G - 8 SFCIV-028 Rev. Jun-29-2019