San Francisco — Exhibit H - Notice of Service (Case Specific Standard Interrogatories

Source: https://sf.courts.ca.gov/system/files/sfciv-029-exhibit-h-notice-service-case-specific-standard-interrogatories.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 H vs. 12 NOTICE OF SERVICE (CASE SPECIFIC STANDARD DEFENDANT'S NAME, 13 INTERROGATORIES) 14 Defendant

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

SFCIV-029 Rev. Jun-29-2012

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17 EXHIBIT H 18

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1 NOTICE OF SERVICE OF PLAINTIFFS' CASE SPECIFIC STANDARD INTERROGATORIES TO DEFENDANTS [SET ONE] 2

3 Plaintiff's case specific standard interrogatories are propounded to each of the following 4 defendants: The PREMISES, JOBSITES or WORKSITES including, if available, AREAS 5

6 of IDENTIFIED WORK (collectively referred to as "DESCRIBED SITES") and the time

7 periods for which said defendants are required to answer these interrogatories are:

8 DESCRIBED SITES 9 TIME PERIOD 10 Plaintiff's counsel certifies that counsel has made a good faith effort to identify the 11

12 "DESCRIBED SITES" and "TIME PERIOD" listed above by conferring to the extent

13 reasonably possible with the plaintiff(s) and that to the best of counsel's knowledge the

14 information sought has not been previously obtained from the defendant in answer to 15 plaintiff's standard interrogatories to all defendants or the annual supplement thereto. 16

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18 Dated:

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1 PLAINTIFFS' CASE SPECIFIC STANDARD INTERROGATORIES TO DEFENDANTS [SET ONE] 2

3 PROPOUNDING PARTY: Defendants

4 RESPONDING PARTY:

5 SET NO.: One 6

7 PREFACE 8

9 Unless otherwise specifically set forth herein, the DESCRIBED SITE(S) for which

10 you must respond are those listed in PLAINTIFF'S notice sent to you to initiate your

11 responses to these Interrogatories and any other DESCRIBED SITE(S) known to you at 12 which PLAINTIFF was exposed to asbestos. 13 Any information provided by any DEFENDANT in answer to General Order 14 15 Interrogatories need not be repeated in answer to these follow-up interrogatories,

16 except that a DEFENDANT must provide more specific information which is responsive

17 to a specific designation of a DESCRIBED SITE if not included in previous answers. 18 (Thus, for example, a DEFENDANT which has responded to the Standard 19 Interrogatories regarding a particular facility in general must provide such information as 20 21 it has regarding the particular unit in the facility identified as a PLAINTIFF'S

22 DESCRIBED SITE.)

23 Hospitals and other health care entity defendants shall provide responses related 24 only to that defendant's physical facilities and shall not be required to disclose any 25 information related to the furnishing of services to patients. 26

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1 DEFINITIONS

2 1. "AREA(S)" or "IDENTIFIED WORK" means the contract or subcontract, 3 specific structure, building, building number, floor of the building, ship, process line, unit, 4 piece of equipment or other specific place within each WORKSITE and PREMISES 5 6 where PLAINTIFF worked and/or where the PLAINTIFF was exposed and/or the

7 location that was the source of that exposure.

8 2. "ASBESTOS-CONTAINING PRODUCT(S)" shall mean a product(s) which 9 this defendant knows or believes to have contained any amount of the mineral asbestos 10 at any time. 11 12 3. "COMPANY" means any private enterprise including corporations,

13 partnerships, joint ventures, and sole proprietorships.

14 4. A "CONTRACT UNIT" shall mean a branch, division, subsidiary or other 15 affiliated entity of a DEFENDANT which has been or is now engaged in installation, 16 disturbing or handling and/or removal of RAW ASBESTOS and/or ASBESTOS- 17 18 CONTAINING PRODUCTS.

19 5. "DESCRIBED SITES" means the PREMISES, JOBSITES, or

20 WORKSITES, including, if available, AREAS of IDENTIFIED WORK. 21 6. "DOCUMENT(S)" or "WRITING(S)" shall include all writings as defined by 22 Section 250 of the California Evidence Code. 23 24 7. "GEOGRAPHIC AREA" means the 46 counties of Northern California

25 (Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El

26 Dorado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Mann, Mariposa, 27 Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, 28

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1 Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz,

2 Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, 3 Tuolumne, Yolo, Yuba) and military facilities/installations in the State of California, or 4 the following shipyards: Bethlehem Shipbuilding, San Pedro; California Shipbuilding, 5 6 Terminal Island; Consolidated Steel Shipyard, Wilmington; Los Angeles Shipbuilding

7 and Dry Dock aka L.A. Ship, San Pedro; National Steel and Shipbuilding Corporation,

8 San Diego; Todd Shipyards Corporation, San Pedro; Triple "A" Machine, San Diego; 9 Western Pipe and Steel Company, Los Angeles and San Pedro Divisions; Naval Air 10 Station, North Island; Thirty-second Street Naval Repair Facility, San Diego; Long 11 12 Beach Naval Shipyard; and San Diego Destroyer Base.

13 8. Request to IDENTIFY a "WRITING" or "DOCUMENT" or study shall mean

14 a request to either attach such an exhibit to your answers to these Interrogatories, or to 15 describe such with sufficient particularity that it may be made the subject of a request 16 for production of documents. YOUR description should include an indication of: (a) the 17 18 author; (b) addressee(s); (c) date of origin; (d) the nature of the writing or document

19 (e.g., letter, telephone memorandum, audio tape recording, photograph, etc.); and (e) its

20 present location, name and present address of custodian thereof. 21 9. A request to "IDENTIFY" an oral communication shall mean a request to 22 describe the communication with particularity, and shall include the following 23 24 information; (a) the identity of all parties to the communication; (b) the identity of the

25 person whom you contend initiated the communication; (c) the identity of all persons

26 present at the time of the communication; and (d) the time, date and place of the 27 communication. 28

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1 10. A request to "IDENTIFY" or to state the "IDENTITY" of a person or

2 individual means to state his or her name, the place of employment, job title, present 3 business or present or last known home address, years of employment and last known 4 telephone number if not employed by DEFENDANT. 5 6 11. A request to "IDENTIFY" the product shall mean a request to describe the

7 product, the material or compound by the following means: (1) by nickname or slang

8 name used in your industry and/or occupation; (2) by the name under which it is sold in 9 the marketplace (trade name); and (3) by its generic name. 10 12. "JOBSITE(S)" or "WORKSITE(S)" means any location other than a 11 12 PREMISES at which PLAINTIFF claims exposure to asbestos.

13 13. "MARKET" (MARKETing, MARKETed) shall mean the mining, supply,

14 sale, labeling, distribution, importing, processing or manufacture of RAW ASBESTOS 15 and/or ASBESTOS-CONTAINING PRODUCT(S). 16 14. A request to describe the "NATURE" of a product means to describe the: 17 18 (a) color; (b) texture; (c) form (i.e., powder, liquid, paste, solid, board, cloth, blanket,

19 wire insulation, etc.); (d) physical dimensions, if solid (length, width and height); (e) the

20 type of shipping package and shipping package dimensions if not solid; (0 type of 21 asbestos fiber used in the composition of the product (e.g., chrysotile, amosite, 22 crocidolite); (g) the intended use or function of such product as recommended by this 23 24 DEFENDANT as the miner, producer, supplier, contractor, manufacturer, distributor,

25 owner or seller; and (h) the type of worksite in which it was intended to be used (e.g.,

26 shipyard, refinery, commercial building construction, manufacturing plant, home, power 27 generating plant, etc.). 28

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1 15. "PREMISES" includes, but is not limited to, buildings, refinery facilities,

2 boilers, generators, tract housing, commercial buildings and other such structures. 3 16. "RAW ASBESTOS" means asbestos fiber mined or milled, either 4 packaged or in bulk, not compounded with other substances and essentially pure with 5 6 the exception of naturally occurring trace amounts of other substances.

7 17. "THIS DEFENDANT" (or "DEFENDANT") shall mean the named

8 defendant herein, all of its divisions, alternate entities, predecessors in interest, and 9 successors in interest. 10 18. "YOU" and "YOUR" refer to the DEFENDANT who is named above as 11 12 responding party.

13 INTERROGATORIES

14 INTERROGATORY No. 1: (For Contractor Defendants Only) 15 Did this DEFENDANT install, remove, disturb or handle or contract to have 16 others do work which involved the installation, removal, disturbing or handling of RAW 17 18 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at any DESCRIBED SITE? If

19 so,

20 a. IDENTIFY every contract to which YOU were a party or to which any of 21 YOUR contractor(s) or subcontractor(s) were parties (regardless of the degree of 22 removal) involving work at the DESCRIBED SITE at or before the time designated in the 23 24 notice. For each such contract:

25 1. IDENTIFY the parties to the contract;

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1 2. Provide a description of the work to be performed by each party to

2 the contract and a description of the DESCRIBED SITE where work was to be 3 performed under the contract; 4 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS or 5 6 ASBESTOS-CONTAINING PRODUCTS installed, removed, disturbed or handled in the

7 performance of the contract;

8 4. IDENTIFY the person or entity from which the RAW ASBESTOS or 9 ASBESTOS-CONTAINING PRODUCTS were obtained; 10 5. State the dates of the contract and the dates of performance; 11 12 6. IDENTIFY all records which identify persons who worked at the

13 DESCRIBED SITE.

14 b. Either attach all DOCUMENTS, or discs containing such data, evidencing 15 the information sought in this interrogatory and its subparts to your answer to these 16 interrogatories, or describe such DOCUMENTS with sufficient particularity that they may 17 18 be made the subject of a request for production of documents.

19 c. IDENTIFY the person(s) presently most knowledgeable about the

20 information sought in this interrogatory or its subparts. 21

22 INTERROGATORY No. 2: (To Manufacturer Or Distributor Defendants Only) 23 24 Were any of THIS DEFENDANT'S RAW ASBESTOS or ASBESTOS-

25 CONTAINING PRODUCTS sold, shipped, MARKETED, or otherwise distributed either

26 to or for use at the DESCRIBED SITES at or before the time designated in the notice? If 27 so: 28

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1 a. IDENTIFY and state the NATURE and quantity of the RAW ASBESTOS or

2 ASBESTOS-CONTAINING PRODUCTS; 3 b. IDENTIFY to whom said RAW ASBESTOS or ASBESTOS-CONTAINING 4 PRODUCTS were sold; 5 6 c. IDENTIFY to whom said RAW ASBESTOS or ASBESTOS-CONTAINING

7 PRODUCTS were shipped;

8 d. Either attach all DOCUMENTS, or discs containing such data, evidencing 9 the information sought in this interrogatory and its subparts to your answer to these 10 interrogatories, or describe such DOCUMENTS with sufficient particularity that they may 11 12 be made the subject of a request for production of documents.

13 e. IDENTIFY the person(s) presently most knowledgeable about the

14 information sought in this interrogatory or its subparts. 15

16 INTERROGATORY No. 3: (For Premises Defendants Only) 17 18 Did YOU install, remove, handle or disturb RAW ASBESTOS or

19 ASBESTOSCONTAINING PRODUCTS at any DESCRIBED SITE at or before the time

20 designated in the notice? If so: 21 a. IDENTIFY the PREMISES. 22 b. For each of the PREMISES: 23 24 1. State the nature of your ownership or possessory interest;

25 2. State the inclusive date of that interest;

26 3. IDENTIFY the party from whom that interest was acquired; 27 4. IDENTIFY the party, if any, to whom that interest was transferred. 28

Jun-29-2012 IN RE COMPLEX ASBESTOS LITIGATION CMO – Exhibit H - 10

SFCIV-029 Rev. Jun-29-2012

1 c. IDENTIFY every contract to which YOU were a party or of which YOU

2 have knowledge wherein the performance of such contract involved the installation, 3 removal, disturbing or handling of any RAW ASBESTOS or ASBESTOS-CONTAINING 4 PRODUCTS at YOUR PREMISES. For each such contract: 5 6 1. IDENTIFY the parties to the contract;

7 2. Provide a general description of the work to be performed by each

8 party to the contract; 9 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS or 10 ASBESTOS-CONTAINING PRODUCTS installed, removed, disturbed or handled in the 11 12 performance of the contract;

13 4. State the dates of the contract and the dates of performance;

14 d. Except as provided in response to subpart (C), has any work other than 15 routine maintenance been done on or to the PREMISES that involved the installation, 16 removal, disturbing or handling of RAW ASBESTOS or ASBESTOS-CONTAINING 17 18 PRODUCTS? If so, for each such instance:

19 1. State the inclusive dates of the work;

20 2. State the specific location of the work; 21 3. Provide a general description of the work; 22 4. State whether the work was done by YOU or YOUR employees; 23 24 5. IDENTIFY and describe the NATURE of the RAW ASBESTOS or

25 ASBESTOS-CONTAINING PRODUCTS installed, removed, handled or disturbed;

26 6. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOS- 27 CONTAINING PRODUCTS were acquired. 28

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1 e. Has any asbestos abatement effort been made at the DESCRIBED

2 SITES? If so, for each such effort: 3 1. IDENTIFY who did the work; 4 2. State the inclusive dates thereof; 5 6 3. State whether samples were taken, and, if the samples still exist,

7 IDENTIFY the custodian of the samples;

8 4. State whether any material was tested, and, if so, what were the 9 results of each test; 10 5. IDENTIFY each test result with sufficient particularity for purposes 11 12 of a request for production of documents, or, in the alternative, attach a copy to YOUR

13 answers to these interrogatories.

14 f. Except for insurance coverage litigation, have you filed suit against, or 15 otherwise sought to recover from, any person or entity for some or all of the cost of 16 asbestos abatement or for the property damage allegedly caused by the presence of 17 18 RAW ASBESTOS or ASBESTOSCONTAINING PRODUCTS on the PREMISES? If so:

19 1. IDENTIFY the person or entity against whom YOU have filed suit or

20 otherwise sought to recover; 21 2. If YOU have filed suit, state the court in which the action was filed, 22 the date on which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel 23 24 of record;

25 3. State whether or not the case has been resolved, and, if so, what

26 was the status or disposition. 27

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1 g. Either attach all DOCUMENTS, or disks containing such data, evidencing

2 the information sought in this Interrogatory and its subparts to your answers to these 3 Interrogatories, or describe such DOCUMENTS with sufficient particularity that they 4 may be made the subject of a request for production of documents. 5 6 h. IDENTIFY the person(s) presently most knowledgeable about the

7 information sought in this interrogatory or its subparts.

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9 INTERROGATORY No. 4: (Premises And Contractor Defendants Only) 10 At or before the time designated in the notice, did YOU require PLAINTIFF to 11 12 wear a respirator or face mask? If so:

13 a. IDENTIFY the individual(s) who communicated this requirement to the

14 PLAINTIFF; 15 b. State the date(s) this requirement was first communicated to the 16 PLAINTIFF; 17 18 c. State the means by which this requirement was communicated;

19 d. Either attach all DOCUMENTS, or discs containing such data, evidencing

20 the information sought in this interrogatory and its subparts to your answer to these 21 interrogatories, or describe such DOCUMENTS with sufficient particularity that they may 22 be made the subject of a request for production of documents. 23 24 e. IDENTIFY the person(s) presently most knowledgeable about the

25 information sought in this interrogatory or its subparts.

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1 INTERROGATORY No. 5: (Premises Defendants Only)

2 Did YOU supply contractor or subcontractors with any tools or equipment to be 3 used by contractors or subcontractors (or their employees) working in the AREA where 4 the PLAINTIFF worked at the DESCRIBED SITES during the installation, removal, 5 6 handling or disturbing of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS?

7 If so, for each occasion:

8 a. Describe the tools or equipment supplied; 9 b. IDENTIFY to whom the tools or equipment were supplied; 10 c. State the inclusive dates; 11 12 d. Either attach all DOCUMENTS, or discs containing such data, evidencing

13 the information sought in this interrogatory and its subparts to your answer to these

14 interrogatories, or describe such DOCUMENTS with sufficient particularity that they may 15 be made the subject of a request for production of documents. 16 e. IDENTIFY the person(s) presently most knowledgeable about the 17 18 information sought in this interrogatory or its subparts.

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20 INTERROGATORY No. 6: 21 Was air sampling ever conducted at any of the DESCRIBED SITES in which 22 YOU had an ownership or possessory interest or where YOU performed services or 23 24 where YOUR products were installed? If so, for each occasion:

25 a. Describe why the sampling was conducted;

26 b. Describe the results thereof; 27 c. Set forth the dates on which said samplings were performed; 28

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1 d. Describe the location or locations within the DESCRIBE SITE where the

2 samplings were obtained; 3 e. IDENTIFY the person(s) presently most knowledgeable about the information 4 sought in this interrogatory or its subparts. 5 6 f. Either attach all DOCUMENTS, or discs containing such data, evidencing the

7 information sought in this interrogatory and its subparts to your answer to these

8 interrogatories, or describe such DOCUMENTS with sufficient particularity that they may 9 be made the subject of a request for production of documents. 10

11 12 INTERROGATORY No. 7:

13 At any time during or after the time designated in the notice, was bulk sampling

14 conducted at any of the DESCRIBED SITES in which you had an ownership or 15 possessor interest? If so: 16 a. Describe why the sampling was conducted; 17 18 b. Describe the results thereof;

19 c. Set forth the dates on which such samplings were performed;

20 d. Describe the location or locations within the DESCRIBED SITE where the 21 samplings were obtained; 22 e. IDENTIFY the person(s) presently most knowledgeable about the 23 24 information sought in this interrogatory or its subparts.

25 f. Either attach all DOCUMENTS, or discs containing such data, evidencing

26 the information sought in this interrogatory and its subparts to your answer to these 27

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1 interrogatories, or describe such DOCUMENTS with sufficient particularity that they may

2 be made the subject of a request for production of documents. 3

4 INTERROGATORY No. 8: (Premises And Contractor Defendants Only) 5 6 For each instance that work was performed by contractors or subcontractors at

7 any of the DESCRIBED SITES involving the installation, the disturbing, handling or

8 removal of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS, state what 9 measures, if any, were taken by YOU or YOUR employees to provide a safe working 10 environment as regards asbestos exposure in the AREAS where the PLAINTIFF 11 12 worked at the designated times. a. IDENTIFY the person(s) presently most

13 knowledgeable about the information sought in this interrogatory or its subparts. b.

14 Either attach all DOCUMENTS, or discs containing such data, evidencing the 15 information sought in this interrogatory and its subparts to your answer to these 16 interrogatories, or describe such DOCUMENTS with sufficient particularity that they may 17 18 be made the subject of a request for production of documents.

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20 INTERROGATORY No. 9: 21 IDENTIFY each person who prepared or assisted in the preparation of the 22 responses to these interrogatories. (Do not identify anyone who simply typed or 23 24 reproduced the responses.)

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1 INTERROGATORY NO. 10:

2 If any person YOU have identified in YOUR answers to these interrogatories has 3 had his or her deposition taken, IDENTIFY the deposition by the name of the deponent, 4 the date the deposition was taken, the caption and number of the action in which it was 5 6 taken, the court which had jurisdiction over the action in which it was taken (including

7 state and county), and either the name and address of the court reporting agency which

8 took the deposition or the name and address of deponent's counsel of record. 9

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