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Lewis Brisbois Bisgaard & Smith 0 , . 0 ---, Y‘.,, /I - ____.--40 .4/ y / :.--- ///, 1 , _;,,-;,-,..7 4 -2---1...i ) 0 . 131 fi / /// i 1 1 . ..-- A / / SOUTH TAHOE PUBLIC UTILITY DISTRICT Request Form for inspection of Public Records This form is provided to help District staff respond to records requests as promptly and efficiently as possible. Please note that you are not required to use this form;any format may be used. Please direct all requests to the General Manager.You will be notified within 10 days of the status of your request. Date July 2,2018 Name Lesa Meyers Organization (if any) Lewis Brisbois Bisgaard&Smith Mailing Address 633 West 5th Street,Suite 4000, Los Angeles,CA 90071 Phone (213)680-5.004 Fax (213)250-7900 Email Lesa.Meyers@lewisbrsbois.com Records Being Requested (please be specific& use separate sheet if necessary): Please provide any and all documents related to Western Nevada Supply Co.from 1964 to 1989. 7--- ( ' - Please provide any and all documents related to CertainTeed Pipe from 1964 to 1989. I would like the above records (please check one): 0 Copied (Price is.10 per page, .15 for 11x17. Large requests may require advance deposit.) El If available, provided in electronic format 0 Assembled for inspection (Someone will contact you to schedule an appointment) 40, / 4 77 i .0 - or ( July 2,2018 Signature Date - , , South Tahoe Public Utility District• 1275 Meadow Crest Drive • South Lake Tahoe, CA 96150 Phone 530.544.6474 • Facsimile 530.541.0614 •www.stpud.us General Manager Richard H.Solbrig X95 4144 el ��:...�. �+'„�� 5 oe� Directors ,4. 0u La :� Chris Cefalu : `"``� James R.Jones p,: - Randy Vogelgesang .,fir.. a ' t, u IG Utility Duane Wallace 1275 Meadow Crest Drive a South Lake Tahoe,CA 96150-7401 Phone 530 544-6474.Fax 530 541-0614.WWW.547141,15• July 26, 2018 INVOICE Lewis Brisbois Bisgaard & Smith 633 West 5th Street, Suite 4000 Los Angeles, CA 90071 Attn: Lesa Meyers, Partner Copies of Public Records: Any and all documents related.to Western Nevada Supply Co. from 1964 to 1989 1,120 pages @ $.10 per page= $112 Payable to: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Attention: Melonie Gutty, Executive Services Manager Request for Taxpayer Form JJ_9 Give Form to the (Rev.November 2017) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. r----) 1 Name(as shown on your income t return).Naiie is r uired on this line; o not leave this line blank. ,_- *-3,e.-"l.-"Af -77i woe „' ; Z, ,� 4,,, s ,—,/, 2 Business entity name/disre ardedif different from above g name, ai 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to a following seven boxes. certain entities,not individuals;see a instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate in single-member LLC a o Exempt payee code(if any) ,..3" .41 ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)O. o 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c in LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) .r.-S another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that a. 2 is disregarded from the owner should check the appropriate box for the tax classification of its owner. •(d)) 14 Other(see instructions)N. (Applies to accounts maintained outside the U.S.) cn Address(number,str state, et,and apt.or suite no.)See instructions. Requester's name and address(optional) Si / , E--?"--,,i5---74A-., 6 ity,Cand ZIP code Z07 �� 7 List account number(s)here(optional)' Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid 1 Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 9Yr —/33 21 ! Part Il Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person► / Aif/ Date 10. 7, – j - General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an information return.Examples of information ----, returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might ( p•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.11-2017) Melonie Guttry from: Meyers, Lesa <Lesa.Meyers@lewisbrisbois.com> Sent: Thursday,July 26, 2018 11:09 AM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Thank you Melonie! I will go ahead and make arrangements for the$112.00 check. Please confirm the search included CertainTeed as well. Also--.can you tell me the earliest date you were able to search? The plaintiff claims Western Nevada Supply supplied CertainTeed pipe from the late 1970's until 1985. THANKS SO MUCH! Have a great vacation!!! Lesa From: Melonie Guttry [mailto:mguttry@stpud.dst.ca.us] Sent: Thursday,July 26, 2018 11:02 AM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Good Morning, Lisa, This week we have uncovered a few more documents that pertain to Western Nevada Supply Company,which were discovered on an outdated Microfilm that we are trying to read.We are in the process of reviewing the Microfilm (the machine that reads the.Microfilm is archaic and requires some training), but we anticipate these records can be available on or before August 17.These documents are Invoices and Purchase Orders dated 1988 to 1989. Are you interested in this information? If so,we would be printing out copies of the documents (the Microfilm is too small to read with the naked eye).At a cost of$.10 per page, we are estimating there are 1,120 pages, anticipating the cost to be approximately$112. Please let me know if you are interested and we will continue with printing the documents.A check can be cut to South Tahoe Public Utility District and paid before August 17. I am leaving on vacationstarting tomorrow,so please confirm at your earliest convenience. Thank you, JV1eCon ie Guttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us 1 (15 itraK =rom: Melonie Guttry Sent:Wednesday,July 18, 2018 9:41 AM To: 'Meyers, Lesa' Subject: RE: PUBLIC RECORDS REQUEST Good Morning, Lesa, The information you requested is available through our District website: stpud.us then click on: 1. Who We Are 2. Open Government 3. Public Records Request Retrieval 4. 07-2018,your documents are located here There are four documents. Please contact me if you have trouble finding them or have questions. This concludes the Public Records Request of July 2, 2018. Thank you, .wieConie Guttry Executive Services Manager/Clerk of the Board -,,South. TahoePublic Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA.96150 (530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us .. ___ ....... .....-....w. ,m.....�.�.,o-. _...,.. ......... ..-..._.... ._,._......o ........- - ,...... am.wa. m,.m„«. a:..�,......ti...m...a. ..,..a...«..., _...... From: Meyers, Lesa [mailto:Lesa.Meyers@lewisbrisbois.com] Sent: Friday,July 13, 2018 9:56 AM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Thank YOU Melonie! Please let me know if you need anything more from me. Best, Lesa From: Melonie Guttry [mailto:mguttry@stpud.dst.ca.us] Sent:.Thursday, July 12, 2018 2:54 PM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST 2 Good Afternoon, Lesa, I am responding to your Public Records Request dated July 2, 2018. We are in the process of reviewing out files to ----\(letermine which records we may have related to: All documents related to Western Nevada Supply Company from 1964 to 1989 Any and all documents related to CertainTeed Pipe from 1964 to 1989 • I will contact you on or before July 26, 2018,to give a determination regarding the records you have requested and when they will be made available. Thank you for your patience as we continue to search for responsive records. �►�leConie Guttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South.Lake Tahoe,CA 96150 (530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us From: Meyers, Lesa [mailto:Lesa.Meyers@lewisbrisbois.com] Sent: Sunday, July 08, 2018 12:18 PM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Thank you so much Melonie! Please let me know if you need anything more from me! Best, Lesa From: Melonie Guttry [mailto:mguttry.@stpud.dst.ca.us] Sent: Thursday, July 05, 2018 10:34 AM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Hi Lisa, I am in receipt of your Public Records Request and we are working on it. As you can imagine,the records are voluminous between the dates of 1964 and 1989. I will have a response for you by Thursday,July 12. Please contact me if you have any further questions. r ,Thank you, .Melonie Guttry Executive Services Manager/Clerk of the Board 3 South Tahoe Public Utility District 1275 Meadow Crest.Drive South Lake Tahoe, CA 96150 (530)543-6203 `nguttry@stpud.dst.ca.us www.stpud.us From: Meyers, Lesa [mailto:Lesa.Meyers©Iewisbrisbois.corn] Sent: Monday, July 02, 2018 9:03 AM To: Melonie Guttry Subject:PUBLIC RECORDS REQUEST Hi Melonie! Thank you for taking the time to speak with me on Friday about a request for records. Please see attached the Public Records Request Form and let me know if you need anything more for this request, including any advance fees or costs. Again-thank you for your assistance and time. Best, Lesa i I CI A/I S ? ?i :::sbrisbois eM a .com T:213.680.5004 F:213.2 50.7900 633 W.5th Street,Suite 4000, Los Angeles,CA 90071 I. LewisBrisbois.com Representing clients from coast to coast.View our locations nationwide. This e-mail may contain or attach privileged,confidential or protected information intended only for the use of the intended recipient.If you are not the intended recipient,any review or use of it is strictly prohibited.If you have received this e-mail in error,you are required to notify the sender,then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. ( )This email message has been delivered safely and archived online by Mimecast. 4 ` Melonie Guttry From: Melonie Guttry Sent: Thursday,Thurada ]uk/26' 2OIO3:4PM9 - To: 'Meyers, Lesa' Subject: RE: PUBLIC RECORDS REQUEST Attachments: VV-9.pd�Invoice for Lewis Brisbois Bisgaard &Srnith.docx ' I apologize for the delay, attached are the following per your request: District W-9 Invo ice for Public Records copies I am here until 5 p.m., please let me know if you need anything additional. Thank you, gtic/onic uttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (530)543-6203 mguttry@stpud.dst.ca.us ' vvvvvv.stpud.us ---) , } k.2... =�_ \ From: Meyers, Lesa [mailto:Lesa.Meyers@lewisbrisbois.com] Sent: Thursday, July 26, 2018 11:36 AM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Hi Melanie! - Please see a copy of the Complaint. Also—when you have time if you co '|d send me a W-9 and "invoice"for the$112— we can process payment. Thanks! Lesa From: Melonie Guttry [n1ailto:nlg xjstco.us] Sent: Thursday, July 26, 2018 11:02 AM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST ` Good Morning, Lisa 1 . This week we have uncovered a few more documents that pertain to Western Nevada Supply Company,which were discovered on an outdated Microfilm that we are trying to read. We are in the process of reviewing the Microfilm(the machine that reads the Microfilm is archaic and requires some training), but we anticipate these records can be available on or before August 17.These documents are Invoices and Purchase Orders dated 1988 to 1989. Are you interested in this information? If so,we would be printing out copies of the documents (the Microfilm is too small,to read with the naked eye).At a cost of$.10 per page,we are estimating there are 1,120 pages, anticipating the cost to be approximately$112. Please let me know if you are interested and we,will continue with printing the documents.A check can be cut to South Tahoe Public.Utility District and paid before August 17. I am leaving on vacation starting tomorrow, so please confirm at your earliest.convenience. Thank you,. _Melanie Guttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District _1275 Meadow Crest Drive • South Lake Tahoe, CA 96150 (530)543-6203 • .mg.uttry@stpud.dst.ca.us www.stpud.us From: Melonie Guttry Sent: Wednesday, July 18, 2018 9:41 AM To: 'Meyers, Lesa' Subject: RE: PUBLIC RECORDS REQUEST Good Morning, Lesa, The information you requested-is available through our District website: stpud.us then click on: 1. Who We Are . 2. Open Government 3. Public Records Request Retrieval 4. 07-2018,your documents are located here There are four documents. Please contact me if you have trouble finding them or have questions. This concludes the Public Records Request of July 2, 2018. Thank you, .wlelonie Guttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive . South Lake Tahoe, CA 96150 (530)543-6203 . mguttry@stpud.dst.ca.us 2 Melonie Guttry From: Meyers, Lesa <Lesa.Meyers@lewisbrisbois.com> Sent: Thursday,July 26, 2018 11:09 AM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Thank you Melonie! I will go ahead and make arrangements for the$112.00 check. Please confirm the search included CertainTeed as well. Also-•.can you tell me the earliest date you were ableto search? The plaintiff claims Western Nevada Supply supplied CertainTeed pipe from the late 1970's until 1985. THANKS SO MUCH! Have a great vacation!!! Lesa From: Melonie Guttry [mailto:mguttry@stpud.dst.ca.us] Sent:.Thursday, July 26, 2018 11:02 AM. To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Good Morning,Lisa, This week we have uncovered a few more documents that pertain to Western Nevada Supply Company,which were discovered on an outdated Microfilm that we are trying to read.We are in the process of reviewing the Microfilm (the machinethat reads the Microfilm is archaic and requires some training), but we anticipate these records.can be available on or before August 17.These documents are Invoices and Purchase Orders dated 1988 to 1989. Are you interested in this information? If so, we would be printing out copies of the documents(the Microfilm is too small toread with the naked eye).At cost of$.10 per page,weare estimating there are 1,120 pages, anticipating the cost to be approximately$112. Please let me know if you are interested and we will continue with printing the documents.A check can be cut to South Tahoe Public Utility District and paid before August 17. I am leaving on vacation starting tomorrow, so please confirm at your earliest convenience. Thank you, .Melonie Guttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive 'South Lake Tahoe,.CA 96150 (1530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us 1 Melonie Guttry Melonie Guttry .ent: Wednesday,July 18, 2018 9:41 AM To: 'Meyers, Lesa' Subject: RE: PUBLIC RECORDS REQUEST Good Morning, Lesa, The information you requested is available through our District website: stpud.us then click on: 1. Who We Are 2. Open Government 3. Public Records Request Retrieval 4. 07-2018,your documents are located here There are four documents. Please contact me if you have trouble finding them or have questions. This concludes the Public Records Request of July 2, 2018. Thank you, wleConie cuttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South.Lake Tahoe, CA 96150 (530)543-6203 mguttry@stpud.dst.ca.us. www.stpud.us .•4.1@1 From: Meyers, Lesa [mailto:Lesa.Meyers@ilewisbrisbois.com] Sent: Friday, July 13, 2018 9:56 AM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Thank YOU Meloniel Please let me know if you need anything more from me. Best, Lesa From: Melonie Guttry [mailto:mguttry@stpud.dst.ca.us] _,Sent:Thursday,July 12, 2018 2:54 PM ( 1To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Good Afternoon, Lesa, I am responding to your Public Records Request dated July 2, 2018. We are in the process of reviewing out files to letermine which records we may have related to: All documents related to Western Nevada Supply Company from 1964 to 1989 Any and all documents related to CertainTeed Pipe from 19641 to 1989 I will contact you on or before July 26, 2018,to give a determination regarding the records you have requested and when they will be made available. Thank you for your patience as we continue to search for responsive records. wleCortte Cuttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District. 1275 Meadow Crest Drive South.Lake Tahoe,CA 96150 (530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us • From: Meyers, Lesa [mailto:Lesa.Meyers@ lewisbrisbois.com] -,Sent: Sunday, July 08, 2018 12:18 PM ro: Melonie Guttry Subject:RE: PUBLIC RECORDS REQUEST Thank you so much Melonie! Please let me know if you need anything more from me! Best, Lesa From: Melonie Guttry [mailto:mguttry@ stpud.dst.ca.us] Sent: Thursday,July 05, 2018 10:34 AM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Hi Lisa, I am in receipt of your Public Records Request and we are working on it.As you can imagine,the records are voluminous between the dates of 1964 and 1989.. I will have a response for you by Thursday,July 12. Please contact me if you have any further questions. Thank you, McConie'.Cuttry' Executive Services Manager/Clerk of the Board 2 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 '530)543-6203 'nguttry@stpud.dst.ca.us www.stpud.us ., From: Meyers, Lesa [mailto:Lesa.Meyers@lewisbrisbois.com] Sent: Monday, July 02, 2018 9:03 AM To: Melonie Guttry Subject:PUBLIC RECORDS REQUEST Hi Melonie! Thank you for taking the time to speak with me on Friday about a request for records. Please see attached the Public Records Request Form and let me know if you need anything more for this request, including any advance fees or costs. Again-thank you for your assistance and time. Best, LesaLE0 LEIAII C,. Lesa M. Meyers Partner . VI, IQ Lesa.Mevers@lewisbrisbois.com ,:,.. a. ,1 0 0 .. T:213.680.5004 F:213.250. 7900 633 W.5th Street,Suite 4000,Los Angeles,CA 90071 I- LewisBrisbois.com Representing clients from coast to coast.View our locations nationwide. This e-mail may contain or attach privileged,confidential or protected information intended only for theuse of theintended recipient.If you are not the intended recipient,any review or use of itis strictly prohibited.If you have received this e-mail in error,you are required to notify the sender,then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. `This email message has been delivered safely and archived online by Mimecast. 3 This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. 4 www.stpud.us From: Meyers, Lesa [nlaUto:Lesa. levvisbrisbois.conn] Sent: Friday, July 13, 2010 9:56 AM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Thank YOU Melonie! Please let me know if you need anything more from me. Best, Lesa From: Melonie Guttry [mailto:mguttry@stpud.dst.ca.us] Sent: Thursday, July 12, 2018 2:54 PM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Good Afternoon, Lesa, ! am responding to your Public Records Request dated July 2, 2018. We are in the process of reviewing out files to determine which records we may have related to: All documents related to Western Nevada Supply Company from 1964 to 1989 Any and all documents related to CertainTeed Pipe from 1964 to 1989 I will contact you on or before July 26, 2018,to give a determination regarding the records you have requested and when they will be made available. Thank you for your patience as we continue to search for responsive records. 3Vle/onie Gmt/ry Executive Services Manager/Clerk of the Board South Tahoe Publlc Utifity District 1275 Meadow Crest Drive South Lake Tahoe, CA 96250 (530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us k ' From: Meyers, Lesa [nlailto:Lesa.Meyers@levvisbhsbois.corn] Sent: Sunday, July 08, 2018 12:18 PM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST 3 Thank you so much Melonie! Please let me know if you need anything more from me! Best, Lesa - ' From: Melonie Guttry [nlaUto:nmg xjstca.us] Sent: Thursday, July 05, 2018 10:34 AM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Hi Lisa, I am in receipt of your Public Records Request and we are working on it. As you can imagine,the records are voluminous between the dates of 1964 and 1089. I will have a response for you by Thursday,July 12. Please contact me if you have any further questions. Thank you, j14a/bnfe quttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (530)543-6203 mguttrv@pstpud.dst.ca.us www.stpud.us (7 ^�^ From: Meyers, Lesa [mailto:Lesa.Meyers@lewisbrisbois.corn] Sent: Monday, July 02, 2018 9:03 AM To: Melonie Guttry Subject: PUBLIC RECORDS REQUEST Hi Melonie! Thank you for taking the time to speak with me on Friday about a request for records. Please see attached the Public Records Request Form and let me know if you need anything more for this request, including any advance fees or costs. Again- thank you for your assistance and time. Best, Lesa 4 Lesa M. Meyers Partner ; ;+ Lesa.Meyers@lewisbrisbois.com .ti s,, BRISBINS T:213.680.5004 F:213.250.7900 633 W.5th Street,Suite 4000, Los Angeles,CA 90071 I LewisBrisbois.com Representing clients from coast to coast.View our locations nationwide. This e-mail may contain or attach privileged,confidential or protected information intended only for the use of the intended recipient.If you are not the intended recipient,any review or use of it is strictly prohibited.If you have received this e-mail in error,you are required to notify the sender,then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. 5 Melonie Guttry From: Melonie Guttry Sent: Thursday, July 12, 2018 2:54 PM To: 'Meyers, Lesa' Subject: RE: PUBLIC RECORDS REQUEST Good Afternoon,Lesa, I am responding to your Public Records Request dated July 2,2018.We are in the process of reviewing out files to determine which records we may have related to: All documents related to Western Nevada Supply Company from 1964 to 1989 Any and all documents related to CertainTeed Pipe from 1964 to 1989 I will contact you on or before July 26, 2018,to give a determination regarding the records you have requested and when they will be made available. Thank you for your patience as we continue to search for responsive records. J1eConie Cuttrry Executive:Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive —,,South Lake Tahoe, CA 96150 (1530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us From: Meyers, Lesa [mailto:Lesa.Meyers@ lewisbrisbois.com] Sent: Sunday, July 08, 2018 12:18 PM To: Melonie Guttry Subject: RE: PUBLIC RECORDS REQUEST Thank you so much Melonie! Please let me know if you need anything more from me! Best, Lesa From: Melonie Guttry [mailto:mguttrystpud.dst.ca.us] Sent: Thursday,July 05, 2018 10:34 AM To: Meyers, Lesa Subject: RE: PUBLIC RECORDS REQUEST Hi Lisa, 1 I am in receipt of your Public Records Request and we are working on it.As you can imagine,the records are voluminous between the dates of 1964 and 1989. I will have a response for you by Thursday,July 12. Please contact me if you have `\any further questions. Thank you, wlelonie Guttry Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us gyp' Dt ...,.,peg v , _____________...____.__,____.______ From: Meyers, Lesa [mailto:Lesa.MeyersCa�lewisbrisbois.com] Sent: Monday, July 02, 2018 9:03 AM To: Melonie Guttry Subject: PUBLIC RECORDS REQUEST Hi Melonie! Thank you for taking the time to speak with me on Friday about a request for records. Please see attached the Public Records Request Form and let me know if you need anything more for this request, including any advance fees or costs. Again-thank you for your assistance and time. Best, Lesatri LE wis Lesa M. Meyers , , , Partner Lesa.Meyers@lewisbrisbois.com ' : 4( . _ S T:213.680.5004 F:213.250.7900 633 W.5th Street,Suite 4000, Los Angeles,CA 90071 I .LewisBrisbois.com Representing clients from coast to coast.View our locations nationwide. This e-mail may contain or attach privileged,confidential or protected information intended only for the use of the intended recipient.If you are not the. _: intended recipient,any review or use of it is strictly prohibited.If you have received this e-mail in error,you are required to notify the sender,then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. This email message has been delivered safely and archived online by Mimecast. 2 This email message has been delivered safely and archived online by Mimecast. This email message has been delivered safely and archived online by Mimecast. 3 Melonie Guttry prom: Melonie Guttry ent: Thursday,July 05, 2018 10:34 AM To: 'Meyers, Lesa' Subject: RE: PUBLIC RECORDS REQUEST Hi Lisa, Iam in receipt of your Public Records Request and we are working on it.As you can imagine,the records are voluminous between the dates.of 1964 and 1989. I will have a response for you by Thursday,July 12. Please contact me if you have any further questions. Thank you, .MeConie cuttry. Executive Services Manager/Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (530)543-6203 mguttry@stpud.dst.ca.us www.stpud.us IC From: Meyers, Lesa [mailto:Lesa.MeyersCallewisbrisbois.com] Sent: Monday,July 02, 2018 9:03 AM To: Melonie Guttry Subject: PUBLIC RECORDS REQUEST • Hi Melonie! Thank you for taking the time to speak with me on Friday about a request for records. Please see attached the Public Records Request Form and let me know if you need anything more for this request, including any advance fees or costs. Again-thank you for your assistance and time. Best, Lesa li L , E Lesa M. Meyers Partner. Lesa.Meyers@lewisbrisbois.com ( BRISBOIS T:213.680.5004 F:213.250.7900 1 633 W.5th Street,Suite 4000, Los Angeles,CA 90071 I LewisBrisbois.com Representing clients from coast to coast.View our locations nationwide. e-mail may contain or attach privileged,confidential or protected information intended only for the use of the intended recipient.If you are not the intended recipient,any review or use of it is strictly prohibited.If you have received this e-mail in error,you are required to notify the sender,then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. This email message has been delivered safely and archived online by Mimecast. 2 , ....., .:. • . . .. • . ... ..•••••••••••••••••••• •• . . . . . , • s ummohis , C' .PY , .4200 66 FOR COURT USE ONLY SUM-100 i (SOLO PARA 8,150 1;44 LA 4C!Ø n of ; (CITACION JUDICIAL) , , Cs2:19i0Fir°Grotrorpcp...aCEn.D°P Y NOTICE TO DEFENDANT: • (AWSO AL DEMANDADO): Countv or l4-...:a la court CBS CO*'ORATION, (See attachment for additional Defendants) ,,,,,,,,, YOU ARE BEING SUE* BY PLAINTIFF: B 11 Execdve De fri a cya:sMriltuAYny s2m9ith2:01rep:rit y 0.0 ESTA DEMANDANDO EL DEII4A,','DANTE) She : PAUL WASHELESKI and ARDEEN WASHELESKI0 , b10110EI You have been sued.The court may decide against you without your being heard unless you respond within 31)days.Read the Information below. You have 30 CALENDAR DAYS eller this summons and legal papers are served on you to tile a written response at this court and have a copy served an the plaintiff.A letter or phone call will not protect you.Your written response must be In proper legal form it you want the court to hear your • case.There may be a court form that you can use ibryory response.You can find these court terms and more information at the California Coots Online Self-Help Center(www.courfinfacagoviselthelp),your county taw tibraiy„or the courthouse nearest you.liyou cannot pay the filing lee,ask the court clerk for a fee waiver form,if you do not file your response on time,you may lose the case by default,and your wages,money,and property 1 may be taken without further warning from the cowl. ,., There are other legal requirements.You may want to call an attorney right away.if you do not know an attorney,you may want to call an attorney . referral service.grill cannot afford an attorney:you rainy be eligible for free legal services from a nonprofit legal services program.You oan locale these nonprofit groups at the California Legal Services Web site Clvww.lawftelocelitomia,org),the California Courts Online Sod-Help Center , (www.courtinfo,ca.govisetthe0},or by contacting your local court or county bar association.NOTE:The court has a statutory lien for waived tee;and ' costs on any settlement or arbitration award of$10,000 or more in a civil case.The court's lien must be paid before the court will dismiss the case. . JAYIS01 La hoe demendado. Sine respertde denim de 30(Has,fa code puede deddir en su centre sin escuchar su verslan.Lea le infennacion a cent1nuaci6n. ' retie 30 DIAS OS CALENOARIO despu6s de qua le entreguen este cilackin y papeles regales para present,:una respuesto per esclife en este ( cafe y hacer qua se entregue una copla al dernandanle.Una cada o una llamado lelefanica no lo prolegen.So respuesia per este Ilene qua ester en formate legal=ado si dasea quit precesen su case en la code.Es posible qua haye un fennularie qua usted puede user para su irespitesta Puede?manlier esies formula des data code y ms intiannacion en e Centre de Ayuda de las Codes do California(wiw,sucorte.ca.gov),on ta , biblioteca de!ayes de su conclado e en la code qua le quads Inas cerea Sino puede pager la'meta de pesentacian,pida of secaetaria de la carte qua le de on Jemmied°de exencian de page de cuotes.Si no presenfe su respues/a a Nowa,puede pridesel caso par Incumplimienle y la code le pow guitar su sueklo,dinar°y bienes sin mas advertencla. a Hay arcs requisites'ego/es.Es recomenciabie quo llama a am abogado inmediafamente.S/no canoes a on obi:gado,puede Varner a un servkla do 1 remisidn a abcgades.SI no puede pagar a un abagade,as pesibta quo eumpla conies requisites pare ablener servickm legates grafulles de on programa do servicies legates sin fines de lurne.Puede encontrar es/os grupas sin lines de lucro en at elle web de California Legal Services, itvvom,lawhelpcalitomia.org),err el Centre de Ayuda de las Codes de California,0.vww.sucorte_cagov)a ponitodose en confect°con la cede eel i • cc/e&de abegodes locales,AVISO:Parley,fa code(lone deeche a ler/timer las cuotes y les onstas exentes per imparter un gravamen sabre cuaiquier recuperocion do 410,000 6 mtis de valor rat/bide mediartte am&amide a one eencesion de afbilrafe en an caul de demo,*clef!.Terre quo mare gravamen de la carte antes de qua hi cede puerto desechar e case, i The name and address of the court is: CASE AMER: l (El()oath's y dirvocion de la code es): Star'ey Mosk fmnk#Ddein. 16 6 5 • 111 N.Hill Street Los Angeles,CA 90012 i The name,address,and telephone number of plaintiffs attorney,or plaintiff without an attorney,is: t (El nombre,la diroccldn y a/numero de teldfono del abogado del demarrdanle,a del dernendante quo no Ilene abogado,es): i Sammons Flanly Conroy 100 N.Sepulveda Blvd.,Suite 1350,El Segundo,CA 90245(310)322-3555 i i DATE MAY 2.9 2018 SHERRI R. CARTER Clerli,by • VI 5 1t, ,Deputy 1 ,.. (Fecha) (Secreted 13 r 1 y_''40 P.,/f (Adjunto) (For proof of service of this summons,use Proof of Service of Sun ens(f o fr POS-M).)P 0 i (Para pruebe de entrega de este cited,:use et loanulenio Proof of Service of Summons,(POS-010)). r ' NOTICE TO THE PERSON SERVED:You are served Inn) i , CJ 1. as an individual defendant 2. = as the person sued under the fictitious name of(specify): • i f 1 ; on behalf of(specify): WESTERN NEVADA SUPPLY C*.; . . under. [20 CCP 416.10(corporation) E3 CCP 416.60(minor) , EJ CCP 416.20(defunct corporation) ED CCP 416.70(conservatee) ri CCP 416.40(association or partnership) [ CCP 416.90(authorized person) . [ J other(specify): . ., 4. iizy personal delivery ontdate): P- icifis ... . ._.. ... ,. .. . .. , . .. Ferns.4dr_ erd ma Mengalary Use SUMMONS C.de al CM Pmcsdunp 55 41220,465 Jima dad Councit a Cailarte www.ecgefithe,90 V SIPA,11213 Rev.Jul1 y .=91 '• ,.,1 1 . . „ . . . SUM-200,A SHORT TITLE: CASE NUMBEit Paul Washeleski,et al.v.CBS Corporation,et al. INSTRUCTIONS FOR USE ▪ This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. • If this attachment is used,insert the following statement in the plaintiff or defendant box on the summons:"Additional Parties Attachment form is attached? List additional parties(Check only one box.Use a separate page for each type of party.): Plaintiff j Defendant Cross-Complainant El Cross-Defendant filda VIACOM INC., successor by merger with CBS CORPORATION,Vida WESTINGHOUSE ELECTRIC CO' 'ORATION; CERTAIN-TEED CORPORATION; CRANE CO.; CROWN CORK&SEAL COMPANY,INC., individually and as successor-in- Interest to MUNDET CORK CORPORATION; • ECHO PLUMBING SUPPLY; FAMILIAN CORP; FOSTER WHEELER ENERGY CORPORATION; GENERAL ELECTRIC COMPANY; GORMAN-RUPP CO' I'ANY; GRINNELL LLC; INDUSTRIAL HOLDINGS CORPORATION fikia THE CARBORUNDUM COMPANY; INGERSOLL RAND COMPANY.; JOBN CRANE INC.; J-M*MANUFACTURING COMPANY,INC.; KELLY MOORE PAINT COMPANY INC.; MUELLER CO.LLC; P.E.O'HAIR&CO.,Predecessor To WEST‘zURNE SUPPLY INC.; RUDY'S PLUMBING; SLAKEY f:ROTHERS INC.; SOCO WEST,INC.; • UNION CARBIDE CORPORATION; WESTERN NEVADA SUPPLY CO.; and DOES 1-750 INCLUSIVE, Page of Nye id I pxm Adopted far Meadatury ADDITIONAL PARTIES ATTACHMENT • Judicial Council el Calloffia SUM-200(A)pay.January 1,20371 Attachment to Summons • i spy , 1 CONFORMED COPY : ORIGINAL FILED SugratDirtyCn(ffinVA,C',',Zita , , 1 : BRENT J.ZADOROZNY(SBN 208468) MAY 29 2018 CRYSTAL a FOLEY(SBN 224627) 7 MELISSA C. SCHOFFER(SBN 248156) Shed R.Ca*Executive Otticerarti at NO 1 SIMMONS HANLY CONROY 13y:Srittny Smith,Deputy 3 i: 100 N. Sepulveda Blvd., Suite 1350 El Segundo,California 90245 ' Tel: (310)322-3555 5 I Fax: (310)322-3655 6 , Attorneys for Plaintiffs 7 8 SUPERIOR COURT OF THE STATE OF CALIF lit RNIA 9 , FOR THE COUNTY OF LOS ANGELES BC 707665 10 PAUL WASHELESIC and ARDEEN ) Case No. WASHELESK!, ) I I ) 12 Plaintiffs, ) vs. , ) THIS ACTION CONSTITUTES COMPLEX 13 ) ASBESTOS LITIGATION—SUBJECT TO THE C4;S Cs'li ORATION,Ficia VIACOM ) GENERAL ORDERS CONTAINED IN FILE NO. 14 INC.,successor by merger with CBS ) C 700000—DEPT. 59 • 15 CORPORATION.fikia WESTINGHOUSE ) ELECTRIC CORPORATION; ) 16 CERTA1N-TEED CIRPORATIt N; ) C$MPLAINT FOR PERSONAL CRANE CO.; ) INJURY-ASBESTOS 17 ; CR 6,PIN CORK&SEAL COMPANY, ) 1 INC.,individually and as successor-in- ) 18 Interest to NI UNDET CORK ) 19 CORPORATION; ) ECHO PLUMBING SUPPLY; ) y51-(x 20 F.AMILIAN CORP; ) FsSTER WHEELER ENE,'GY ) 21 ' CORPORATION; ) , GENERAL ELECTRIC COMPANY; ) -Y) GORMAN-RUPP COMPANY; ) 23 G;`,':NNELL LLC; ) i INDUST': AL HOLDINGS ) 24 CORPO," -,TI ON fflcia THE ) CA!• :ORUNDUM COMPANY; ) 25 INGERSOLL RAND COMPANY; ) JOHN CRANE INC.; ) ; 26 , J-M MANUFACTURING C,t MPANY, ) 27 INC.; ) 2$ : I , COMPLAINT FOR PERSONAL 1NJURY-ASBESTOS ! i 1 KELLY MOORE PAINT COMPANY ) 2 INC; ) MUELLER CO.LLC; ) 3 , PI. 011AIR& CO.,Predecessor To ) WESTIURNE SUPPLY INC.; ) 4 R131YLSP-s SLAKEY BROTHERS INC.; ) SOCO WEST,INC; ) 6 UNION C., ''''IIDE CO .,' 'ORATION; ) • WESTERN NEVADA SUPPLY CO.; ) 7 and ) - • - DOES I-750 INCLUSIVE, ) 8 ) Defendants. ) ) I0 11 : GENERAL ALLEGATIONS • 12 ' COMES NOW Plaintiff PAUL WASHELESKI (hereinafter "Plaintiff") and 13 complains and alleges as follows: 14 , 1. Plaintiff PAUL WASHELESKI suffers from malignant mesothelioma, i 15 i caused by exposure to asbestos from asbestos-containing products,materials,components, , 16 and equipment. Plaintiff PAUL WASHELESKI was not aware at the time of exposure that 17 ' asbestos a &or asbestos-containing products, materials, components, and equipment 18 : presented of injury and/or disease. 19 2. Plaintiff PAUL WASHELESKI is informed and believes, and thereon 20 alleges, that progressive lung disease, cancer and other serious diseases art caused by 21 inhalation of asbestos fibers without immediate perceptible trauma, and that said diseases 22 resulting from exposure to asbestos develop over a period of time. 23 , 3. The true names and capacities, whether individual, corporate, associate, 24 i governmental or otherwise, of Defendants DOES I through 750, inclusive, are unknown , 25 '.; to the Plaintiff at this time, who therefore sues said Defendants by such fictitious names. ! 26 When the true names and capacities of said Defendants have been ascertained, Plaintiffs 27 28 . 2 COMPLAINT FOR PERSONAL 1NJURY-ASBESTOS , 1 ' I , 1 will amend this complaint accordingly. Plaintiff is informed and believes, and thereon 2 alleges, that.each Defendant designated herein as a DOE is responsible,negligently or in 3 some other actionable manner, for the events and happenings hereinafter referred to, and 4 caused injuries and damages proximately thereby to the Plaintiff, as hereinafter alleged. 5 4. At all times herein mentioned, each of the Defendants was the agent, 6 servant, employee and/or joint venture of his co-Defendants, and each of them, and at all 7 said times each Defendant was acting in the full course and scope of said agency, service, 8 employment and/or joint venture. Plaintiff is informed and believes, and thereon alleges, 9 that at all times herein mentioned, Defendants CS CO ',RATION,fala VIACOM 10 INC., successor by merger with CBS CORPORATION, f/k/a WESTINGHOUSE 11 ELECTRIC CORPORATION; CERTAIN-TEE At, 'ORATION; CRANE 12 C!"OWN CORK&SEAL COMPANY,INC.,individually and as successor-in-Interest 13 to MUNDET CORK CORPORATION; ECH, PLU ,K1NG SU PLY, FAMILIAN 14 CO -;FOSTER , 4 EELER ENERGY CORPORATION; GENERAL ELECTRIC 15 COt 'ANY; GORIVIAN-RUPP 'NNELL LLC; INDUSTRIAL 16 HI LDINGS 'ORATI ftic/a 'FRE CARBORUNDUM COMPANY; 17 INGIVSOLL RAND CI :"ANY;JOHN CRANE INC.; J-M MANUFACTU," NG 18 COMPANY, INC.; KELLY MOORE PAINT CO 'ANY INC.; MUELLER CO. 19 LLC; O'll ; • & CO., Predecessor To WESTBURNE SUPPLY INC.; '" 20 PLUMING;SLAKEY ROT, RS INC.;SOC1 WEST,INC.; UNION C t IDE 21 CO . TI•N; WESTERN NEVADA SUPPLY CL; and DIES 1-750 22 INCLUSIVE, were individuals, corporations, partnerships and/or unincorporated 23 associations organized and existing under and by virtue of the laws of the State of 24 California,or the laws of some other state or foreign jurisdiction,and that said Defendants, I 25 and each of them, were and are authorized to do and are doing business in the State of 26 California,or the laws of some other state or foreign jurisdiction,and that said Defendants, 27 and each of them, were and are authorized to do and are doing business in the State of 28 COMPLAINT FOR PERSONAL INJURY.ASBESTOS I California, and that said Defendants have regularly conducted business in the County of 2 . Los Angeles,State of California. 3 4 FIRST CAUSE APT ACTION 5 (Negligence) 6 PLAINTIFF COMPLAINS OF DEFENDANTS LISTED ON EXHIBIT"C", DOES 1-400 INLCUSIVE,THEIR"ALTERNATE ENTITIES",AND EACH OF 7 THEM,AND FOR A CAUSE OF ACTION FSR NEGLIGENCE ALLEGES AS FOLLOWS: 8 5. At all times herein mentioned, each of the named Defendants and DOES I 9 through 400 was the successor,successor in business,successor in product line or a portion 10 thereof,parent, subsidiary, wholly or partially owned by, or the whole or partial owner of I I 12 or member in an entity researching, studying, manufacturing, fabricating, designing, modifying,labeling,assembling,distributing,leasing,buying,offering for sale,supplying, 13 1 14 selling, inspecting, servicing, installing, contracting for installation, repairing,marketing, warranting, re-branding, manufacturing for others, packaging and advertising a certain 15 - substance, the generic -name of which is asbestos, and other products and equipment 16 17 containing said substance. Said entities shall hereinafter collectively be called "alternate entities." Each of the herein named Defendants is liable for the tortious conduct of each 18 19 successor, successor in business, successor in product line or a portion thereof, assign, 20 predecessor in product line or a portion thereof,parent,subsidiary,whole or partial owner, 21 or wholly or partially owned entity, or entity that it was a member of, or funded, that 22 researched, repaired, marketing, warranted, re-branded, manufactured for others and advertised a certain substance, the generic name of which is asbestos, and other products 23 24 and equipment containing said asbestos. The following Defendants, and each of them,are 25 liable for the acts of each and every"alternate entity", and each of them, in that there has 26 been a virtual destruction of Plaintiffs' remedy against each such "alternate entity"; ; 27 Defendants, and each of them, have acquired the assets,product line,or a portion thereof, 28 4 COMPLAINT FOR PERSONAL INJURY-ASBESTOS of each such"alternate entity";Defendants, and each of them, have caused the destruction. 2 of Plaintiffs' remedy against each such "alternate entity"; each such Defendant has the 3 ability to assume the risk-spreading role of each such"alternate entity"; and at each such 4 Defendant enjoys the goodwill originally attached to each such"alternate entity," 5 DEFENDANT ALTERNATE ENTITY CBS CORPORATION WESTINGHOUSE ELECT ' 7 CORPORATION BF STURTEVANT 8 VIACOM INTERNATIONAL, INC. 9 , • VIACOM PLUS CBS CORPORATION 10 CS BROADCASTING INC. aka CBS INC.) II ,1 MARKETWATCH.COM 12 SPORTSLINE.COM ;, WESTWOOD ONE,INC. 13 VIACOM,INC. 14 CERTAINTEED CORPORATION KEAS:Y&IVLATTISON GUSTIN BACON MANUFACTURING 15 CO. 16 CRANE CO. CRANE PUMPS &SYSTEMS INC. 17 CRANE SUPPLY COCHRANE CORPORATION 18 CROWN CORK& SEAL COMPANY, CROWN,CORK&SEAL USA, INC. 19 INC. CROWN HOLDINGS,INC. 20 MUNDET CORK CORPO '‘TION 21 FAMILIAN CO '1' FERGUSON ENTEf' ,''RISES,INC. 22 23 ! 24 :24 25 26 27 28 s _.) COMPLAINT FOR PERSONAL INJURY-ASBESTOS DEFENDANT ALTERNATE ENTITY 1 2 FOSTER WHEELER ENERGY FOSTER WHEELER CONTRACTORS INC. CORPORATI•N FOSTER WHEELER CORPORATION 3 FOSTER WHEELER DEVELOPMENT- CORP. 4 FOSTER WHEELER ENERGY RESOURCES INC. 5 FOSTER WHEELER ENERGY SERVICES INC. 6 FOSTER WHEELER ENVIRESPONSE INC. 7 • FOSTER WHEELER ENVIRONMENTAL CORPORATION 8 FOSTER WHEELER POWER GROUP INC. FOSTER WHEELER POWER SYSTEMS 9 INC. • FOSTE WHEELER PYRO POWER INC. 10 FOSTER WHEELER REALTYSERVICES INC. 11 FOSTER WHEELER USA CORP. 12 FOSTER WHEELER LLC GENERAL ELECTRIC COMPANY GENERAL ELECTRIC 13 BROADCASTING COMPANY INC. GENERAL ELECTRIC CAPITAL 14 1 ASSURANCE COMPANY GENERAL ELECTRIC PROFESSIONAL 15 . SERVICES COMPANY 16 GENERAL ELECTRIC TRADING COMPANY 17 MATTERN X-RAY HOTPOINT ELECTRIC APPLIANCE 18 COMPANY LIMITED TRUMBULL ELECTRIC 19 MANUFACTURING COMPANY 20 ; GE INDUSTRIAL SYTEMS CURTIS TURBINES 21 PARSONS TURBINES GENERAL ELECTRIC JET ENGINES 22 ' SMITH'S AEROSPACE LLC 23 JOHN CRANE INC. CRANE PACKING COMPANY 24 TI GROUP PLC • 25 SMITHS GROUP PLC 26 27 28 6 COMPLAINT FOR PERSONAL INJURY-ASBESTOS DEFENDANT ALTERNATE ENTITY 1 1 2 JM MANUFACTURING COMPANY, J-M A/C PIPE CORPORATION INC. 3 • , MUELLER CO. LLC MUELLER COMPANY MUELLER WATER PRODUCTS INC. 6 P.E.O'HAIR 84 CO. WESTBURNE SUPPLY C. 7 • 8 :? 9 SOCO WEST, INC. BRENNTAG WEST, INC. SOCO-LYNCH CORPOi' A TION 10 ;! SOCO-WESTERN CHEMICAL CORPORATION 11 5T1NNES-WESTERN CHEMICAL 12 •'; CORPORATION 13 ! UNION CARBIDE CORPORATION . THE DOW CHEMICAL COMPANY 14 UNION CARBIDE CHEMICALS AND 15 PLASTICS COMPANY, INC. UNION CARBIDE AND CARBON 16 CORPORATION LINDE AIR PRODUCTS COMPANY 17 NATIONAL CARBON Co. INC. PREST-O-LITE CO. INC. 18 UNION CARB DE COMPANY 19 CARBIDE AND CARBON CHEMICALS Ca RPORATION • 20 BAKELITE CORPORATION UNION CARBilE CONSUMER 21 PRODUCTS CO. 6 'I UNION CARBD,E MINING AND • 22 METALS DIVISION 23 UNION CARB DE ELECTRONICS DIVISION UNION C.A. B DE HYDROCARBONS DIVISION 25 UNION CARB:: IE FERROALLOYS DIVISION 26 JENNAT CORPORATION • 27 • 28 COMPLAINT FOR PERSONAL INJURY-ASBESTOS DEFENDANT ALTERNATE ENTITY I ' 2 PRAXAM:ll\1C. EQUATE PETROCHEMICAL COMPANY 3 ' UN IVATION TECHNOLOGIES 4 5 ' 6. At all times herein mentioned, Defendants, their "alternate entities", and 6 each of them, were and are engaged in the business of researching, manufacturing, 7 fabricating, designing, modifying, labeling, assembling, distributing, leasing, buying, 8 H offering for sale, supplying, selling, inspecting, servicing, installing, contracting for 9 installation, repairing, marketing, warranting, re-branding, manufacturing for others, I 0 packaging, and advertising a certain substance, the generic name of which is asbestos and , other products, materials and equipment containing said substance and designed to utilize 12 asbestos-containing replacement components. 13 7. At all tunes herein mentioned, Defendants, their "alternate entities", and 14 each of them,singularly and jointly,negligently and carelessly researched, manufactured, 15 fabricated, designed, modified, tested or failed to test, abated or failed to abate, failed to 16 recall or retrofit, failed to warn or adequately warn of the health hazards associated with, 17 labeled, assembled, distributed, leased,bought,offered for sale, supplied, sold, inspected, 18 serviced, installed, contracted for installation, repaired, marketed, warranted, re-branded, 9 manufactured for others, packaged, and advertised a certain substance, the generic name 20 of which is asbestos, and other products, materials and equipment containing said 21 substance desi ed to utilize asbestos-containing replacement components, in that said • 22 substance proximately caused personal injuries to users, consumers, workers, bystanders, 23 and others, including the Plaintiff herein (hereinafter collectively called "exposed 24 !' persons"),while being used in a manner that was reasonably foreseeable,thereby rendering 25 said substance unsafe and dangerous for use by and around the"exposed persons?' 26 27 28 COMPLAINT FOR PERSONAL KN)URY-ASBESTOS 1 8. Defendants, their "alternate entities", and each of them, had a duty to 2 exercise due care in the pursuance of the activities mentioned above and Defendants,their 3 , "alternate entities",and each of them, breached said duty of due care. 4 :r 9. Defendants, their "alternate entities", and each of them, knew, or should 5 have !mown, that the aforementioned asbestos a:,d products, materials, components and 6 equipment containing asbestos would be transported by truck,rail,ship and other common 7 carriers,and that in the shipping process the products would break,crumble or be otherwise 8 damaged; and/or that such products, materials, components and equipment would be used 9 for various applications, including, but not limited to insulation, construction, plastering, • 10 fireproofing, soundproofing, automotive and/or aircraft; and further that in the course of 11 said applications the same would be subject to various manipulation including, but not 12 limited to, sawing, chipping, cutting, hammering, scraping, sanding, abrasion, breaking, 13 ;, removal and tear-out,resulting in the release of respirable airborne asbestos fibers,and that 14 through such foreseeable use and/or handling "exposed persons", including Plaintiff 15 !! herein,would use or be in proximity of and exposed to said asbestos fibers. 16 , 10, Defendants, their "alternate entities", and each of them, knew, or should 17 ` have known, that the herein listed asbestos and asbestos containing products, materials, 18 I, components and equipment would be used and/or manipulated as described above, 19 resulting in the release of airborne asbestos fibers, and that throu.:, • such foreseeable use 20 and/or manipulation"exposed persons", including Plaintiff herein, would be in proximity 21 , to and exposed to said asbestos fibers. 22 H 11, Plaintiff PAUL WASHELESKI, has used, handled,or has been otherwise 23 exposed to asbestos and asbestos-containing products, materials, components, and 24 ); equipment referred to herein in a manner that was reasonably foreseeable, as set forth in 25 Exhibit"A", which is attached hereto and incorporated by referesce herein. Plaintiff 26 ' PAUL WASHELESKT s exposure to asbestos and asbestos-containing products,materials, 27 28 9 COMPLAINT FOR PERSONAL IMURY-ASBESTOS , 1 components and equipment occurred at various locations as set forth in Exhibit"A",which 2 : is attached hereto and incorporated by reference herein. 3 12. As a direct and proximate result of the acts and omissions of the Defendants, 4 their"alternate entities", and each of them,as aforesaid,Plaintiff PAUL WASHELESKI's 5 exposure to asbestos and asbestos-containing products caused severe and permanent injury 6 , to the Plaintiff, the nature of which, along with the date of Plaintiff PAUL ' 7 WASHELESKI's diagnosis, are set forth in Exhibit"B", which is attached.hereto and 8 incorporated by reference herein. 9 ' 13. As a direct and proximate result of the aforesaid acts and omissions of 10 Defendants, their"alternate entities", and each of them, Plaintiff PAUL WASHELESKI, 11 has suffered, and continues to suffer, permanent injuries and/or future increased risk of 12 injuries to his, person, body and health, including, but not limited to, lung damage and 13 cancer,and the physical pain,mental and emotional distress,disfigurement and impairment , 14 attendant thereto, from the effect of exposure to asbestos fibers, all to his general damage 15 ,. in a sum in excess of the jurisdictional limit of a limited civil case. 16 14. As a direct and proximate result of the aforesaid acts and omissions of the 17 Defendants, their"alternate entities", and each of them, Plaintiff PAUL WASHELESKI, • 18 i has incurred, is presently incurri;,g, and will incur in the future, liability for physicians, 19 surgeons, nurses, hospital care, medicine, hospice care, X-rays and other medical 20 ' treatment, the true and exact amount thereof being of 4 own to Plaintiffs at this time, and 21 Plaintiff prays leave to amend this complaint accordingly when the true and exact cost 22 thereof is ascertained., 23 15. Furthermore, Defendants,their"alternate entities,"and each of them, , 24 continued to market and sell their asbestos and asbestos-containing products,when and 25 ;. after they knew such products were probably dangerous and posed a serious risk of harm 26 to consumers and members of the public,including Plaintiff PAUL WASHELESKI,and 27 28 , Jo COMPLAINT FOR PERSONAL IMURY.ASBESTOS others similarly situated. Such conduct was undertaken in conscious disregard and 2 indifference to the health,rights,and safety of Plaintiff and others similarly situated. 3 ' 16. In researching,manufacturing, fabricating,designing, modifying,testing 4 or failing to test, warning or failing to warn, failing to abate,failing to provide adequate 5 use instructions, failing to recall or retrofit, labeling, instructing, assembling,distributing, 6 , leasing, buying,offering for sale, supplying,selling, inspecting, servicing, installing, 7 contracting for installation,repairing,marketing, warranting, rebranding,manufacturing 8 for others, packaging and advertising asbestos and asbestos-containing products, 9 Defendants, their"alternate entities,"and each of them, had prior actual or constructive to knowledge that there was a substantial risk of injury or death resulting from exposure to 11 ' asbestos or asbestos-containing products, including,but not limited to, asbestosis,other 12 lung damage, and/or cancer. Said knowledge was obtained, in part,from scientific studies 13. performed by, at the request of,or with the assistance of, Defendants, their"alternate 14 entities,"and each of them,and in part by scientific studies published in literature that 15 was in Defendants' possession and/or readily available to Defendants, and which 16 knowledge, actual or constructive,was obtained by Defendants, their"alternate entities," 1 7 and each of them on or before 1930,and thereafter. 18 17. The above-referenced conduct of Ikefendants, their"alternate entities," 19 ' and each of them, was motivated by their financial interest in the continuing, 20 unintemipted research, desiu ,modification,manufacture, fabrication, labeling, 21 , instructing,assembly, distribution, lease,purchase, offer for sale,supply,sale, inspection, 22 installation,contracting for installation,repair,marketing,warranting,rebranding, 23 mi. ufacturing for others, packaging and/or advertising of asbestos and asbestos- 24 containing products. In pursuance of said financial motivation, Defe ,dants, their 25 26 "alternate entities,"and each of them, consciously disregarded the safety of Plaintil and 27 ,1 28 11 COMPLAINT FOR PERSONAL INJURY-ASBESTOS others similarly situated. Plaintiffs, for the sake of example and by way of punishing said 2 ; defendants,seek punitive damages according to proof. 3 18. Each defendant's officers, directors and/or managing agents participated 4 in, authorized, expressly and impliedly ratified, and/or had full knowledge of,or should 5 have known of, the acts undertaken by defendants as alleged herein. Defendants' officers, directors,and/or managing agents participated in,authorized, and/or ratified the acts and 7 omissions described in this cause of action and did so in conscious disregard of the safety • 8 of others, alleged above. 9 WHEREFORE, Plaintiff prays for judgment against Defendants, their"alternate 10 entities",and each of them,as hereinafter set forth. II SECOND CAUSE OF ACTION 12 (Strict Liability) 13 AS FOR A SECOND, SEPARATE,FURTHER AND DISTINCT CAUSE OF 14 ACTION FOR STRICT LI :ILITY,PLAINTIFF COMPLAINS DEFENDANTS LISTED ON EXHI;IT"C",D'EES 1400 INLCUSIVE,THEIR"ALTERNATE 15 ENTITIES",AND EACH OF THEM,AN" ALLEGES AS FOLLOWS: 16 19. Plaintiff incorporates by reference, as though fully set forth herein, 7 1 the allegations contained in Para!,aphs 5-6 and 11-17 of the First Cause of Action, 18 , 20. Defendants, their "alternate e-tities", and each of them, knew or should In have known that the above-referenced asbestos and asbestos-containing products, 20 , materials, components, and equipment would be used by the purchaser or user without 21 inspection for defects therein or in any of their component parts and without knowledge of 22 the hazards involved in such use. 23 ,; 21. Said asbestos and asbestos-containing products,materials,components and 24 equipment were defective and unreasonably dangerous in that the inhalation of asbestos 25 fibers causes serious disease and/or death. The defect existed in the asbestos, products, 26 aterials,components and equipment at the ti e they left the possession of the Defendants, 27 28 12 - COMPLAINT FOR PERSONAL INJURY.ASBESTOS I their"alternate entities",and each of them. Said asbestos,products,materials,components, 2 and equipment did, in fact,cause personal injuries, including lung damage and cancer to 1 3 ,; "exposed persons",including Plaintiff PAUL WASHELESKI,herein,while being used in 4 a reasonably foreseeable manner, thereby rendering the same defective, unsafe, and 5 dangerous for use. 6 22. "Exposed persons" including Plaintiff PAUL WASHELESKI, herein, did 7 '; not know of the substantial danger of using said products, materials, components, and 8 I equipment. Said dangers were not readily recognizable by "exposed persons." Said 9 Defendants, their"alternate entities", and each of them, further failed to adequately warn 10 of the risks to which Plaintiff PAUL WASHELESKI, and others similarly situated, were I I exposed. 12 23. The above-referenced asbestos and asbestos-containing products were 13 , defective and unsafe for their intended purpose in that they released asbestos fibers and 14 asbestos-containing dust when used in an intended or reasonably foreseeable manner,and 15 as set forth above, the inhalation of asbestos fibers and asbestos-containing dust causes 16 serious disease and/or death.In their release of respirable asbestos fibers into the air during 17 foreseeable use or manipulation of these products,the prod,,cts failed to perform as safely 18 as an ordinary consumer would have expected them to perform. 19 24. The products that caused personal injuries to"exposed persons,"including 20 plaintiff;wade being used in a reasonably foreseeable manner,also were defective in that 21 , the gravity of the potential harm resulting from the use of Defendants' products as 22 described above, and the likelihood that serious disease and/or death would occur, 23 outweighed the cost of feasible alternative designs, including providing adequate warnings 24 . of such potential harm and/or providing adequate use instructions that eliminated the health 25 risks inherent in the foreseeable uses of the products. 26 25. Defendants, their "alternate entities", and each of them, placed these 27 products into the stream of commerce with the intent that they reach the ultimate consumer 28 13 COMPLAINT FOR PERSONAL 1NJURY-ASBESTOS 1 in the same or substantially the same condition as when they left the Defendants' 2 possession, and these products did reach the Plaintiff and other"exposed persons" in the 3 same or substantially the same condition as when they left the Defendants' possession. 4 26. As a direct and proximate result of the foregoing defects and failure to warn, 5 Plaintiff PAUL WASHELESKI,has suffered the injuries and damages alleged herein. 6 27. In researching,manufacturing, fabricating,designing,modifying,testing or 7 failing to test, warning or failing to warn, failing to recall or retrofit, labeling, instructing, 8 assembling, distributing, leasing, buying, offering for sale, supplying, selling, inspecting, servicing, installing, contracting for installation, repairing, marketing, warranting, 10 rebranding, manufacturing for others, packaging and advertising asbestos and asbestos- ! i containing products, Defendants, their "alternate entities," and each of them, had prior 12 knowledge that there was a substantial risk of injury or death resulting from exposure to 13 asbestos or asbestos-containing products, including, but not limited to, asbestosis, other • 14 lung damages and cancer. Said knowledge was obtai ,ed, in part, from scientific studies 15 performed by, at the request of,or with the assistance of,said defendants, their"alternate 16 entities,"and each of them,and in part by scientific studies published in literature that was 17 in defendants'possession and/or readily available to defendants,and which knowledge was 18 obtained by said defendants,their"alternate entities,"and each of them on or before 1930, 19 and thereafter. 20 28 On or before 1930, and thereafter, said defendants, their"alternate 21 entities"and each of them,were aware that members of the general public and other 22 "exposed persons"who would come in contact with their asbestos and asbestos- 23 containing products had no knowledge or information indicating that asbestos o- 24 asbestos-containing products could cause injury, and said defendants,their"alternate 25 entities,"and each of them,knew that members of the general public and other"exposed 26 person who came in contact with asbestos and asbestos-containing,products would 27 28 14 • COMPLAINT FOR PERSONAL INJURY-ASBESTOS • 1 I assume,and in fact did assume, that exposure to asbestos and asbestos-containing 2 products was safe, when in fact said exposure was extremely hazardous to health and 3 ' human life. 4 29. With said knowledge, said defendants, their"alternate entities",and each 5 1 of them, opted to research,manufacture, fabricate,design,modify,label, assemble, 6 distribute, lease,buy,offer for sale, supply, sell,inspect, service, install,contract for 7 installation,repair,market,warrant, rebrand,manufacture for others, package and 8 advertise said asbestos and asbestos-containing products without attempting to protect 9 "exposed persons" from, or warn"exposed persons"of,the high risk of injury or death resulting from exposure to asbestos and asbestos-containing products. Rather than 11 , attempting to protect"exposed persons"from,or warn"exposed persons"of,the high 12 risk of injury or death resulting from exposure to asbestos and asbestos-containing 13 products,defendants,their"alternate entities,"and each of them, intentionally failed to 14 reveal their knowledge of said risk,and consciously and actively concealed and 15 suppressed said knowledge from"exposed persons"and members of the general public, 16 ;. thus impliedly representing to "exposed persons"and members of the general public that 17 asbestos and asbestos-containing products were safe for all reasonably foreseeable uses. 18 Defer,dants,their"alternate entities,"and each of them, engaged in their conduct and 19 made these implied representations with the knowledge of the falsity of said implied 20 ; representations. 21 30. The above-referenced conduct of said defendants, their"alternate entities," 22 . and each of them, was motivated by the financial interest of said defendants,their 23 "alternate entities,"and each of them, in the continuing,uninterrupted research, deli , 24 25 modification,manufacture,fabrication, labeli,g,instructing, assembly,distribution, 26 lease,purchase,offer for sale, supply,sale, inspection,installatio, contracting for 27 installation,repair, marketing,warranting,rebranding,manufacturing for others, 28 15 COMPLAINT FOR PERSONAL INJURT.ASBESTOS packaging and advertising of asbestos and asbestos-containing products. In pursuance of 2 said financial motivation, said defendants,their"alternate entities,"and each of them, 3 continued to market and sell products which they knew were dangerous to plaintiff and to 4 the public,without adequate warnings or proper use instructions, in conscious disregard 5 for the safety of"exposed persons." Defendants were willing and intended to permit 6 asbestos and asbestos-containing products to cause injury to"exposed persons"and 7 induced persons to work with and be exposed thereto, including plaintiff. 8 31. Defendants, their"alternate entities,"and each of them, are liable for their 9 own fraudulent, oppressive, and malicious acts and the fraudulent,oppressive,and 10 malicious acts of their"alternate entities,"and each of them. Defendant's officers, 11 directors and managing agents participated in,authorized, expressly and impliedly 12 ratified,and had full knowledge of,or should have known of;the acts described herein, 13 32. The herein-described conduct of said defendants, their"alternate entities," 14 and each of them, was and is willful,malicious, fraudulent,outrageous and in conscious 15 ' disregard and indifference to the safety and health of"exposed persons", Plaintiff,for the 16 sake of example and by way of punishing said defendants, seeks punitive damages 17 ' • according to proof 18 WHEREFORE, Plaintiff prays for judgment against Defendants, and their 19 "alternate entities", and each of them,as hereinafter set forth. 20 , /// • 21 /II 23 24 25 • 26 • 27 28 6 COMPLAINT MR PERSONAL INJURY-ASBESTOS THP: k CAUSE OF ACTION 1 [Fa/se Represeltatiolt Under Rest:. ,cut pf Torts Seed n 402- 1 2 AND FOR A FURTHER, THIRD, SEPA• TE AND ISTINCT CAUSE 3 OF ACTION FOR FALSE REPRESENTATION UNDER RESTATE 1 NT OF TORTS SECTION 402-B,PLAINTIFF COMPLAINS OF DEFENDANTS LISTED 4 ON EXHIBIT"C",DOES 1-400 INLCUSIVE,THEIR"ALTERNATE ENTITIES",AND EACH OF THEM,AND ALLEGES AS FOLLOWS: 5 6 33. Plaintiffs hereby incorporate by reference, as though fully set forth herein, 7 each and every allegation contained in the General Allegations, First Cause of Action 8 (Negligence),and Second Cause of Action(Strict Liability). 9 34, At the aforementioned time when defendants,their"alternate entities," 10 and each of them,researched,manufactured, fabricated,designed, modified,tested or 11 failed to test, inadequately warned or failed to warn, failed to provide adequate use 12 instructions for eliminating the health risks inherent in the use of the products, labeled, 13 assembled,distributed, leased,bought, offered for sale,supplied, sold,inspected, 14 serviced, installed,contracted for installation, repaired,marketed,warranted,rebranded, 15 manufactured for others, packaged and advertised the said asbestos and asbestos- 16 containing products, as herein above set forth,the defendants, their"alternate entities," 17 and each of them,expressly and impliedly represented to members of the general public, 18 including the purchasers and users of said product, and other"exposed persons," 19 , including the Plaintiff PAUL WASHELESKI, herein and his employers,that asbestos 20 and asbestos-containing products,were of merchantable quality, and safe for the use for 21 which they were intended. 22 35. In their selection,purchase and use of asbestos and asbestos-containing 23 products,the purchasers and users of said asbestos and asbestos-containing 24 products,and other"exposed persons,"including the Plaintiff PAUL WAS}[ELESKI, 25 !: and Plaintiff PAUL WASHELESKI's employers, relied upon said representations of 26 27 28 17 • COMPLAINT FOR PERSONAL INJURY-ASBESTOS defendants, their"alternate entities,"and each of them, and relied on defendants' lack of 2 warnings and implied warranties of fitness of the defendants' products. 3 36. Said representations by defendants,their"alternate entities,"and each of 4 them, were false and untrue, and defendants knew at the time they were untrue, in that the 5 asbestos and asbestos-containing products,were not safe for their intended use, nor were 6 they of merchantable quality as represented by defendants,their"alternate entities,"and 7 each of them, in that asbestos and asbestos-containitHig products have very dangerous 8 properties and defects whereby said products cause asbestosis, other lung damages and 9 cancer,and have other defects that cause injury and damage to the users of said products 10 and other"exposed persons,"thereby threatening the health and life of said persons n including Plaintiff PAUL WASHELESKI,herein. 12 37. As a direct and proximate result of said false representations by 13 Defendants, their"alternate entities,"and each of them,Plaintiff PAUL WASHELESKI, 14 sustained the injuries and Plaintiffs sustained damages herein above set forth. 15 38. Defendant's officers,directors and managing agents participated in, 16 authorized,expressly and impliedly ratified,and had full knowledge of,or should have 17 known of, the acts of each of their"alternate entities"as set forth herein. 18 39. The herein-described conduct of said defendants,their"alternate entities," 19 and each of them,was and is malicious;fraudulent,outrageous and in conscious 20 , disregard and indifference to the safety and health of"exposed persons."Plaintiffs, for 21 the sake of example and by way of punishing said defendants,seek punitive damages 22 according to proof. 23 WHEREFORE,Plaintiff prays for judgment against Defendants,their"alternate 24 entities,"and each of them,as hereinafter set forth. 25 26 111 27 /11 28 18 COMPLAINT FOR PERSONAL INJURY-ASBESTOS FOURTH C USE IF ACTION 1 lIntentional Tortl 2 AND FOR A FURTHER,FOURTH, SEP TE AND DISTINCT CAUSE 3 OF ACTION FOR AN INTENTIONAL TORT UNDER CIVIL CODE SECTIONS 1708 THROUGH 1710,PLAINTIFF CO I'LAINS OF ItEFENDANTS LISTED 4 , ON EXHIBIT"C",DOES 1400 INLCUSIVE,THEIR"ALTERNATE ENTITIES",AND EACH OF THEM, AND ALLEGES AS FOLLOWS: 5 40. Plaintiff incorporates by reference, as though fully set forth herein,each 6 and every allegation contained in the General Allegations, Second Cause of Action(Strict 8 Liability),and Third Cause of Action(False Representation), excepting therefrom any 9 allegations pertaining to negligence. 10 41. At all times pertinent hereto,the defendants,their"alternate entities,"and 11 each of them,owed Plaintiff PAUL WASHELESKI, a duty,as provided for in Section • 12 1708 through 1710 of the Civil Code of the State of California,to abstain from injuring 13 14 the person,property or rights of the Plaintiff PAUL WASHELESKI When a duty to act 15 was imposed, as set forth herein,the defendants,their"alternate entities,"and each of 16 them,did do the acts and omissions in violation of that duty, thereby causing injury to 17 Plaintiff PAUL WASHELESKI,and the damages suffered by Plaintiffs, as is more fully 18 set forth herein. Such acts and omissions consisted of acts falling within Section 1709 19 (Fraudulent Deceit)and Section 1710(Deceit)and, more specifically,included 20 21 suggestions of fact which were not true and which defendants,their"alternate entities," 22 and each of them,did not believe to be true; assertions of fact which were not true and 23 which defendants, their"alternate entities,"and each of them,had no reasonable :,ou.nd 24 for believing to be true, and the suppression of fact when a duty existed to disclose it,all 25 as are more fully set forth herein; the violation of any one such duty gave rise to a cause 26 27 I, 28 19 COMPLAINT FOR PERSONAL INJURY-ASBESTOS of action for violation of the rights of the Plaintiff PAUL WASHELESKI, as provided for 1 2 in the aforementioned Civil Code sections. 3 , 42. Since on or before 1930,the defendants, their"alternate entities,"and each 4 of them,have known and have possessed the true facts of medical and scientific data and 5 other knowledge which clearly indicated that the asbestos aid asbestos-containing 6 , products referred to in Plaintiff's First Cause of Action were and are hazardous to the 7 • health and safety of Plaintiff PAUL WASHELESKI,and others in Plaintiff PAUL 8 WASHELESKI's position, working in close proximity with such materials. The 9 10 defendants,their"alternate entities,"and each of them, have known of the dangerous 11 propensities of other of the aforementioned materials and products since before that time. 12 With intent to deceive Plaintiff PAUL WASHELESKI, and others in Plaintiff PAUL 13 WASHELESKI's position,and with intent that he and such others should be and remain 14 ignorant of such facts with intent to induce Plaintiff PAUL WASHELESKI,and such 15 others to alter his and their positions to his and their injury and/or risk and in order to 16 17 , gain advantages,the following acts occurred: 18 43. Defendants, their"alternate entities,"and each of them,did not label any of ° 9 the aforementioned asbestos-containing materials and products regarding the hazards of 20 such materials and products to the health and safety of Plaintiff PAUL WASHELESKI, 21 and others in Plaintiff PAUL WASHELESKI's position,working in close proximity with 22 such materials as set forth in the Exhibit"A"hereto when certain of such materials were 23 labeled by some,but not all,of defendants,their"alternate entities,"and each of them, 24 heyein when the knowledge of such hazards was existing and known to defendants,their 25 26 "alternate entities,"and each of them,since 1924. By not labeli ,g such materials as to 27 28 20 COMPLAINT FOR PERSONAL INJURY-ASBESTOS their said hazards, defendants, their"alternate entities,"and each of them,caused to be 1 ! 2 suggested as a fact to Plaintiff PAUL WASHELESKI,that it was safe for Plaintiff PAUL 3 WASHELESKI,to work in close proximity to such materials when in fact it was not true 4 and defendants, their"alternate entities," and each of them,did not believe it to be true; 5 ' 44. Defendants, their"alternate entities,"and each of them,suppressed 6 information relating to the danger of use of the aforementioned materials by requesting 7 the suppression of information to the Plaintiff PAUL WASHELESKI, and the general 8 public concerning the dangerous nature of the aforementioned materials to workers,by 9 , 10 not allowing such informatiof, to be disseminated in a manner which would have given 11 `, general notice to the public and knowledge of the hazardous nature thereof when 12 defendant,their"alternate entities,"and each of them,were bound to disclose such 13 information; 14 45. Defendants,their"alternate entities," and each of them,sold the 15 aforementioned products and materials to Plaintiff PAUL WASHELESKI's employer and 16 17 • others without advising Plaintiff PAUL WASHELESKI,and others of the dangers of use 18 of such materials to persons working in close proximity thereto when defendants,their 19 "alternate entities,"and each of them, knew of such dangers, and had a duty to disclose 20 such dangers all as set forth herein. By said conduct, defendants,their"alternate entities," 21 and each of them,caused to be positively asserted to Plaintiff PAUL WASHELESKI, 22 , that which was not true and that which defendants, ; ,eir"alternate entities,"and each of 23 them,had no reasonable yz ound for believing to be true, to wit,that it was safe for 24 25 Plaintiff PAUL WASHELESKI, to work in close proximity to such materials; /26 if 27 , ) 28 23 I COMPLAINT FOR PERSONAL INJURY-ASBESTOS 1 46. Defendants,their"alternate entities,"and each of them,suppressed from 1 2 Plaintiff PAUL WASHELESK1, medical and scientific data and knowledge of the results :! 3 • of studies including,but not limited to,the information and knowledge of the contents of 4 the Lanza report. Although bound to disclose it,defendants, their"alternate entities,"and 5 • each of them influenced A. J. Lanza to change his report, the altered version of which 6 was published in Public Health Reports,Volume 50 at page 1 in 1935, thereby causing 7 Plaintiff PAUL WASHELESKI,and others to be and remain ignorant thereof. Defendants,their"alternate entities,"and each of them, caused Asbestos Magazine, a 9 10 widely disseminated trade journal, to omit mention of danger,thereby lessening the 11 probability of notice of danger to the users thereof; 12 47. Defendants, their"alternate entities,"and each of them, belonged to, 13 participated in,and financially supported the Asbestos Textile Institute and other industry • • 14 organizations which,for and on behalf of defendants, their"alternate entities,"and each 15 of them; actively promoted the suppression of information of danger to users of the 16 17 aforementioned products and materials,thereby misleading Plaintiff PAUL 18 WASHELESKI,by the suggestions and deceptions set forth above in this cause of action. 19 The Dust Control Committee, which changed its name to the Air Hygiene Committee, of 20 the Asbestos Textile Institute was specifically enlisted to study the subject of dust 21 comp!.Discussions in this committee were held many times regarding the dangers 22 inherent in asbestos and the dangers which arise from the lack of control of dust,and 23 such information was suppressed from public dissemination from 1946 to a date 24 • 25 unknown to Plaintiffs at this time; 26 ' 27 • 28 22 COMPLAINT FOR PERSONAL INJURY-ASBESTOS 48. Commencing in 1930 with the study of mine and mill workers at Asbestos 2 and Thetford mines in Quebec,Canada, and the study of workers at Raybestos-Manhattan 3 plants in Manheim and Charleston, South Carolina,defendants,their"alternate entities," , 4 and each of them, knew and possessed medical and scientific information of the 5 connection between inhalation of asbestos fibers and asbestosis,which information was 6 disseminated through the Asbestos Textile Institute and other industry organizations to all 7 other defendants, their"alternate entities,"and each of them, herein. ,:,Aetvee. 1942 and 8 1950, the defendants,their"alternate entities,"and each of them, acquired medical and 10 scientific information of the connection between inhalation of asbestos fibers and cancer, ii which information was disseminated throu: the Asbestos Textile institute and other 12 industry organizations to defendant herein. Thereby,defendants,their"alternate entities," 13 and each of them, suggested to the public as a fact that which is not true and disseminated 14 other facts likely to mislead Plaintiff PAUL WASHELESKI Such facts did mislead 15 Plaintiff PAUL WASHELESKI,and others by withholding the afore-described medical 16 17 and scientific data and other knowledge and by not giving Plaintiff PAUL 18 WASHELESKI, the true facts concerning such knowledge of dange-r,which defendants, 19 , their"alternate entities,"and each of them,were bound to disclose; 20 49. •efendants,their"alternate entities,"and each of them, failed to warn 21 Plaintiff PAUL WASHELESKI, and others of the nature of said materials which were 22 dangerous when breathed and which could cause pathological effects without noticeable 23 trauma, despite ,i,e fact that defendants, their"alternate entities,"and each of them, 24 25 possessed knowledge and were under a duty to disclose that said materials were 26 dangerous and a threat to the health of persons coming into contact therewith; 27 28 23 COMPLAINT FOR PERSONAL INJURY-ASBESTOS • 50. Defendants, their"alternate entities,"and each of them, failed to provide 1 2 Plaintiff PAUL WASHELESKI, with information concerning adequate protective masks 3 and other equipment devised to be used when applying and installing the products of the 4 defendants,and each of them,despite knowing that such protective measures were 5 necessary,and that they were under a duty to disclose that such materials were dangerous 6 . and would result in injury to the Plaintiff PAUL WASHELESKI,and others applying and 7 installing such material; 8 51. Defendants, their"alternate entities," and each of them, when under a duty 9 to so disclose,concealed from Plaintiff PAUL WASHELESKI,the true nature of the 10 11 industrial exposure of Plaintiff PAUL WASHELESKI, and knew that Plaintiff PAUL 12 WASHELESKI, and anyone similarly situated, upon inhalation of asbestos would, in 1 I time, develop irreversible conditions of pneumoconiosis,asbestosis and/or cancer. 14 Defendants, their"alternate entities,"and each of them, also concealed from Plaintiff 15 PAUL WASHELESKI,and others that harmful materials to which they were exposed l6 17 would cause pathological effects without noticeable trauma; 18 , 51 Defendants, their"alternate entities,"and each of them, failed to provide 19 ; information of the true nature of the hazards of asbestos materials and that exposure to 20 these materials would cause pathological effects without noticeable trauma to the public, 21 ; including buyers,users, and physicians employed by Plaintiff PAUL WASHELESKI, 22 and Plaintiff PAUL WASHELESK1's employers so that said physicians could examine, 23 diagnose and treat Plaintiff PAUL WASHELESKI, and others who were exposed to 24 25 asbestos,despite the fact that defendants,their"alternate entities,"and each of them, 26 were under a duty to so inform and said failure was misleading; and 27 28 24 COMPLAINT FOR PERSONAL INJURY-ASBESTOS . , , 53. Defendants, their"alternate entities,"and each of them, failed to provide 1 adequate information to physicians and surgeons retained by Plaintiff PAUL 2 , 3 WASHELESKI's employers and their predecessor companies, for purposes of making 4 physical examinations of Plaintiff PAUL WASHELESKI, and other employees as to the true nature of the risk of such materials and exposure thereto when they in fact possessed 6 such information and had a duty to disclose it. 7 54. Defendants, their"alternate entities,"and each of them,willfully failed and 8 I omitted to complete and file First Report of Occupational Injury of Illness regarding 10 Plaintiff PAUL WASHELESKI's injuries, as required by law,and did willfully fail and 11 omit to file report of injury and occupational disease with the State of California.Plaintiff 12 PAUL WASHELESKI,was in the class of persons with respect to whom a duty was , 13 owed to file such reports and who would have been protected thereby if the fact of danger 14 1 from products complained of had become known. 15 55, Defendants, their"alternate entities,"and each of them,having such 16 aforementioned knowledge, arid the duty to inform Plaintiff PAUL WASHELESKI, 17 ' , 18 about the true facts,and knowing the Plaintiff PAUL WASHELESKI, did not possess 19 such knowledge and would breathe such material innocently,acted falsely and 20 : fraudulently and with full intent to cause Plaintiff PAUL WASHELESKI,to remain 21 ' unaware of the true facts and to induce Plaintiff PAUL WASHELESKI, to work in a 22 dangerous environment,all in violation of Sections 1708, 1709,and 1710 of the Civil 23 ; Code of the State of California. 24 1 25 26 7 11/ 27 28 COMPLAINT FOR PERSONAL INJURY-ASBESTOS • 56. Defendants,their"alternate entities,"and each of them, and their officers, 1 2 directors and anaging agents participated in, authorized,expressly and impliedly 3 ratified, and had full knowledge of,or should have known of, each of the acts set forth 4 herein. 5 57. Defendants, their"alternate entities,"and each of them, are liable for the 6 fraudulent,oppressive, and malicious acts of their"alternate entities,"and each of them, 7 and each defendant's officers,directors and managing agents participated in, authorized, 8 expressly and impliedly ratified, and had full knowledge of,or should have known of, the 9 10 acts of each of their"alternate entities"as set forth herein. 11 58. The herein-desczibed conduct of said defendants, their"alternate entities," 12 and each of them, was and is willful, malicious, fraudulent,outrageous and in conscious 13 disregard indifference and to the safety and health of"exposed persons."Plaintiff,for the 14 sake of example and by way of punishing said defendants, seek punitive damages 15 according to proof. 16 17 59, As a direct and proximate result thereof,Plaintiff has suffered the 18 damages previously alleged. 19 WHEREFORE, Plaintiff prays for judgment against Defendants,their"alternate 20 entities,"and each of them,as hereinafter set forth. 21 ffl 22 ffl 23 24 25 ' 26 27 78 26 COMPLAINT FOR PERSONAL INJURY-ASBESTOS FIFTH CAUSE OF_ACTION 1 , Premises Owner/Contractor Liability] 2 AND FOR A FURTHER FIFTH,SEPARATE AND DISTINCT CAUSE OF ACTION,PLAINTIFF CO ILLAINS OF DEFENDANTS LISTED ON EXHIBIT 3 ' "D", DOES 401-700 INLCUSIVE, THEIR"ALTERNATE ENTITIES" 4 (HEREINAFTER"PRE •SES OWE:* CONT'1" -,CTO DEFENDANTS"),ANa EACH OF THEM,AND ALLEGES AS F LLOWS: ; 5 60. Plaintiff incorporates by reference, as though fully set forth herein, 6 each and every paragraph of the First and Third Causes of Action. 7 8 61. At all times mentioned herein,the Premises Owner/Contractor 11.efendants, 9 and each of them, respectively,owned, leased, maintained, managed, and/or controlled at 10 least some of the premises listed on Exhibit"A"where Plaintiff PAUL WASHELESKI, I I was present. The information provided on Exhibit"A"is preliminary, based on recall 12 over events covering many years and further investigation and discovery may produce 13 14 more reliable information. Additionally, Plaintiff PAUL WASHELESKI, might have : 15 been present at these or other Premises Owner/Contractor Defendants'premises at other 16 locations and on other occasions. 17 62. At all times herein mentioned,defendants, and each of them,was an entity 18 , and/or successor,successor-in-business,assign,predecessor,predecessor-in-business, 19 parent, subsidiary,wholly or partially owned by, or the whole or partial owner of an 20 entity, hereinafter collectively be called"alternate entities," causing certain asbestos- 21 ' containing insulation,other building materials,products and toxic substances to be 22 23 constructed,installed, maintained,used,replaced,repaired and/or removed on the 24 respective premises owned,leased, maintained,managed and/or controlled by them. 63. Prior to and at said times and places, Premises Owner/Contractor 25 ; 26 Defendants,and each of them, respectively,caused certain asbestos-containing 27 insulation,other building materials,products and toxic substances to be constructed, . 28 27 COMPLAINT FOR PERSONAL[NJURY.ASBESTOS 1: installed,maintained,used,supplied,replaced,repaired, disturbed and/or removed on 2 each of the aforesaid respective premises,by their own workers and/or by various 3 contactors and/or subcontractors,and caused the release of dangerous quantities of toxic 4 asbestos fibers and other toxic substances into the ambient air and thereby created a 5 hazardous and unsafe condition to Plaintiff PAUL WASHELESKI, and other persons 6 exposed to said asbestos fibers and toxic substances while present at premises owned, 7 leased, maintained,managed, and/or controlled by the defendants and each of them,and 8 thereby injured PAUL WASHELESKI 9 64. At all times mentioned herein, said Premises Owner/Contractor Defendants, 1° and each of them, knew or in the exercise of ordinary and reasonable care should have 11 known, that the foregoing conditions and activities created a dangerous,hazardous, and 12 unsafe condition and unreasonable risk of harm and personal injury to Plaintiff PAUL 13 H WASHELESKI,and other workers or persons so exposed present on each of the 14 8: aforesaid respective premises. 15 65. At all times relevant herein,Plaintiff PAUL WASHELESKI,entered said 16 premises and used or occupied each of said respective premises as intended by and for 17 the benefit and advantage of and/or at the request and invitation of,each of the 18 defendants. In so doing,Plaintiff PAUL WASHELESKI, was exposed to dangerous 19 ` quantities of asbestos fibers and other toxic substances released into the ambient air by 20 the aforesaid hazardous conditions and activities managed,maintained,initiated,and/or 21 otherwise created, controlled, or caused by Premises Owner/Contractor Defendants,and 22 each of them. 23 66. Plaintiff PAUL WASHELESKI,used,handled or was otherwise exposed 24 ; to asbestos and asbestos-containing products referred to herein in a manner that was 25 26 reasonably foreseeable.Plaintiff PAUL WASHELESKI's exposure to asbestos and 27 asbestos-containing products occurred at the vaiious locations as set forth in Exhibit"A", 28 25 COMPLAINT FOR PERSONAL INJURY-ASBESTOS .s, I attached hereto and incorporated by reference herein, and at such other premises under 2 defendants' control as investigation may reveal. 3 67. Plaintiff PAUL WASHELESKI, at all times was unaware of the hazardous 4 condition or the risk of personal injury created by the aforesaid presence and use of 5 asbestos products and materials and other toxic substances on said premises. 6 68. At all times mentioned herein, the Premises Owner/Contractor Defendants 7 owed to Plaintiff PAUL WASHELESKI, and others similarly situated, a duty to exercise 8 care in the management of their premises in order to avoid exposing workers such as 9 Plaintiff PAUL WASHELESKI,and others similarly situated, to an unreasonable risk of 1° harm and to avoid causing injury to said persons. 11 69. At all times mentioned herein,Premises Owner/Contractor Defendants, 12 and each of them,knew,or in the exercise of ordinary and reasonable care should hav6 13 known, that the premises that were in their control would be used without knowledge of, 14 or inspection for,defects or dangerous conditions and that the persons present and using 15 !' said premises would not be aware of the aforesaid hazardous conditions to which they 16 were exposed on the premises. • 17 70. At all times mentioned herein, Premises Owner/Contractor Defendants,and 18 each of them, negligently failed to maintain,manage, inspect, survey,or control said 19 premises or to abate or correct, or to warn Plaintiff PAUL WASHELESKI,of the 20 existence of the aforesaid da.tgerous conditions and hazards on said premises. 21 71. At all times mentioned herein,said Premises Owner/Contractor Defendants, 22 and each of them, should have reco zed that the work of said contractors would create 23 during the progress of the work,dangerous,hazardous,and unsafe conditions which 24 could or would harm Plaintiff PAUL WASHELESKI, and others unless special 25 26 precautions were taken. Defendants knew or should have known that the work required 27 28 29 COMPLAINT FOR PERSONAL INJURY-ASBESTOS 1 special procedures to be done safely. Defendants were aware or should have been aware 2 that such special procedures were not taken. 3 72. In part,Plaintiff PAUL WASHELESKI,was exposed to dangerous 4 quantities of asbestos fibers and other toxic substances by reason of such contractors' 5 failure to take the necessary precautions. 6 73. The work of contractors on premises controlled by the Premises 7 Owner/Contractor Defendants created an unsafe premise and an unsafe workplace by 8 reason of the release of dangerous quantities of toxic substances including but not limited 9 to asbestos. 10 74. The unsafe premises or workplace was created, in part,by the negligent 11 conduct of the contractors employed by the Premises Owner/Contractor Defendants. Said 12 negligent conduct includes but is not limited to: 13 1: (a) Failure to warn of asbestos and other toxic dusts; 14 (b) Failure to suppress the asbestos-containing or toxic dusts; 15 (c) Failure to remove the asbestos-containing and toxic dusts through use 16 ' 17 of ventilation or appropriate means; 18 (d) Failure to provide adequate breathing protection,i.e.,approved 19 respirators or masks; 20 (e) Failure to inspect and/or test the air; 21 (t) Failure to provide medical monitoring. 22 75. Defendants had a duty to maintain and provide safe premises and a safe 23 24 place to work and to warn or latent dangerous conditions on the premises. Said duties 25 arise out of common law, Civil Code §1714,and Labor Code§6400,et seq.,or Health 26 and Safety Code§40.200, et seq.,and regulations promulgated thereunder. These duties 27 28 30 COMPLAINT FOR PERSONAL INJURY-ASBESTOS were not delegated to any contractor and/or were non-delegable. Therefore,the Premises 1 2 Owner/Contractor Defendants are responsible for any breach of said duties whether by 3 themselves or others. 4 76. Prior to and at said times and places,said Premises Owner/Contractor 5 Defendants were subject to certain ordinances,statutes, and other government regulations 6 promulgated by the United States Government,the State of California, and others, 7 including but not limited to the General Industry Safety Orders promulgated pursuant to 8 California Labor Code§6400 and the California Administrative Code under the Division 9 10 , of Industrial Safety, Department of Industrial Relations, including but not limited to Title V111,Group 9(Control of Hazardous Substances), Article 81, §§4150,4106,4107, and 12 : 4108, and Threshold Limit Values as documented for asbestos and other toxic substances 13 under Appendix A,Table I of said Safety Orders. Additionally,said Premises 14 Owner/Contractor Liability Defendants were required to provide specific safeguards or 15 precautions to prevent or reduce the inhalation of asbestos dust and other toxic fumes or 16 17 substances as prescribed by Title 40 Code of Federal Regulations,Chapter 1,Part 61, et 18 seq.--The National Emission Standards for Hazardous Air Pollutants and under the 19 regulations promulgated by California regional Air Quality Management Districts as 20 empowered by California Health and Safety Code§40,200,et seq..„ including but not 21 limited to South Coast Air Quality Management District Regulation XIV,Rules 1403 and 22 1414; Bay Area Air Quality Management District Regulation 11,Rules 2 and 14; 23 ;• Mojave Desert Air Quality Management District,Regulation ix, Regulation X,Rule 24 '! 25 1000 and Notification(ATCMs)thereto as revised 11/27/00); Imperial Air Quality 26 Management Piistrict, Regulation X,Rules 1001 and 1002; San iego Air Quality 27 28 31 COMPLAINT FOR PERSONAL INJURY-ASBESTOS Management District,Regulation IV,Rules 50, 50.1, 54, 54.1,.Regulation X, Subpart A, 3 2 Regulation Xl, Subparts A and M;Antelope Valley Air Quality Management District, 3 Regulation X, Rule 1000, Regulation XW, Rule 1414; Ventura County Air Pollution 4 •, Control District, Regulation IV,Rule 62,7, Rile 73; Santa Barbara County Air Pollution 5 Control District,Regulation X, 1001; San Luis Obispo County Air Pollution Control 6 District, Regulation IV,Rule 412,Regulation VII,Rule 701; Kern Air County Quality 71 Management District,Regulation IV,Rules 402 and 423; Great Basin Unified Air 8 Pollution Control District,Regulation IV, Rule 430,Regulation X, Rule 1002; San 9 ' 10 Joaquin Valley Unified Air Pollution Control District,Regulation IV,Rule 4002, 11 1 Regulation VII, Rule 7050; Monterey Bay Unified Air Pollution Control District, 12 Regulation V, Rule 436,Regulation X,Rule 1008; Mariposa County Air Pollution 1 13 1 Control District,Regulation IX,Rule 904,Regulation X, Rule 1001;Tuolumne County 14 Air Pollution Control District,Regulation V,Rule 500,et seq.,Regulation IX, Rule 904; 15 Calaveras County Air Pollution Control District,Regulation a, Rule 906, Regulation X, 16 17 Rule 1001, Ainador County Air Pollution Control District, Regulation V,Rule 500 et 18 , seq.; Sacramento Metropolitan Air Quality Management District, Regulation a, ules 19 t; 901, 902, 904;El Dorado County Air Quality Management District,Regulation II,Rule 20 223,223-1, and 223-2; Yolo-Solano air Quality Management District,Regulation Ill, 21 ' Rules 3-8, Regulation IX,Rules 9-8 and 9-9; Feather River Air Quality Management 22 District,Regulation X,Rule 10,et seq.,Regulation XI, Rule 11-2;Placer County Air 23 Pollution Control District,Regulation II,Rule 224,Regulation V,Rule 507, Rule IX, 24 25 Rule 905;Northern Sierra Air Quality Management District,Regulation IX,R, le 904; 26 Northern Sonoma County Air Pollution District, Chapter IV,Rule 1-4-492;Colusa 27 28 32 COMPLAINT FOR PERSONAL INJURY-ASBESTOS County Air Pollution Control District, Regulation II, 2-43, Regulation III,Rules 3-17 and 1 2 3-18, and Appendix D; Lake County Air Quality Management District,Chapter II, 3 Sections 450 and 4671; Mendocino County Air Quality Management District,Chapter IV, 4 Rules 1-430, 1-492; Glenn County Air Pollution Control District,Articles III and IV; 5 Butte County Air Quality Management District,Rules 1000, 1101,430;Tehama County 6 , Air Pollution Control District,Regulations IV and VI, Lassen County Air Pollution 7 Control District, Regulation fV, Rule 421 and Appendix C; Shasta County Air Quality 8 Management District, Rules 2-1,3-22, and 5,North Coast Unified Air Quality 9 ‘, Management District Regulation 1,Rules 430 and 492,and Regulation 3, Rules 3-100 et I 0 11 1, seq.; Siskiyou County Air Pollution Control District,Regulation IV, Rule 4-13, 12 ' Regulation VIII,Rule 8-7; Modoc County Air Pollution Control District, Regulation IV, 131 Rule 4-13,Regulation VIII, Rule 8-7; 14 (a) Failing to comply with statutes and allowing ambient levelspf airborne 15 asbestos fiber to exceed the permissible/allowable levels wi:ii regard to the 16 17 aforementioned statutes; 18 (b) Failing to segregate work involving the release of asbestos or other toxic 19 dusts; 20 ' (c) Failing to suppress dust using prescribed ventilation techniques,' 21 (d) Failing to suppress dust using prescribed"wet down"techniques; 22 (e) Failing to warn or educate Plaintiff PAUL WASHELESKI,or others 23 regarding asbestos or of er toxic substances on the premises; 24 25 (f) Failing to provide approved respiratory protection devices; 26 27 28 33 COMPLAINT FOR PERSONAL INJURY.ASBESTOS (g) . Failing to ensure"approved"respiratory protection devices were used I 2 properly; 3 • (h) Failing to provide for an on-going health screening program for those 4 exposed to asbestos on the premises; 5 (i) Failing to provide adequate housekeeping and clean-up of the work place; 6 (i) Failing to properly warn of the hazards associated with asbestos as 7 required by these statutes; 8 (k) Failing to properly report renovation and disturbance of asbestos- 10 9 containing materials, including but not limited to BAAQMD Regulation 11 11-2-401 and/or SCQAMD Rule 1403 D(1); 12 (1) Failing to have an asbestos removal supervisor as required by regulation; 13 1 (m) Failing to get approval for renovation as required by statutes; and 14 (n) Failing to maintain records as required by statute. 15 , 77. Plaintiff PAUL WASHELESKI, at all times was unaware of the hazardous 16 17 condition or the risk of personal injury created by defendants'violation of said 18 regulations,ordinances or statutes. 19 78. M all times mentioned herein, Plaintiff PAUL WAS, }ELESK1, was a 20 member of the class of persons whose safety was intended to be protected by the 21 regulations,statutes or ordinances described in the foregoing paragraphs. 22 79. At all times mentioned herein, said Premises Owner/Contractor 23 Defendants,and each of them,knew,or in the exercise of ordinary and reasonable care 24 should have known,that the premises that were in their control would be used without 25 26 knowledge of,or inspection for,defects or dangerous conditions, that the persons present 27 28 34 COMPLAINT FOR PERSONAL INJURY-ASBESTOS and using said premises would not be aware of the aforesaid hazardous conditions to 2 which they were exposed on the premises,and that such persons were unaware of the aforesaid violations of codes,regulations and statutes. 4 80. As a legal consequence of the foregoing, Plaintiff PAUL WASHELESKI, 5 developed an asbestos-related illness, which caused great injury and disability as 6 previously set forth,and Plaintiffs have thereby suffered damages as herein alleged. 7 81. Defendants were aware that members of the general public and other 8 "exposed persons"who would come in contact with asbestos and asbestos-containing 9 10 products had no knowledge or information indicating that asbestos or asbestos-containing 11 products could cause injury,and that members of the general public and other"exposed 12 persons"who came in contact with asbestos and asbestos-containing products,would 13 assume, and in fact did assume,that exposure to asbestos and asbestos-containing 14 products was safe,when in fact said exposure was extremely hazardous to health and 15 human life. Defendants' acts and omissions.as alleged in this cause of action were 16. 17 undertaken in conscious disregard for the fact that these acts and omissions jeopardized 18 e heal, and safety of"exposed persons,"and were motivated by the pursuit of 19 financial gain, and were thereby undertaken with conscious disregard for the safety of 20 "exposed persons." 21 22 82. iefendants' officers, ',Directors, and managing agents participated in, !, 23 ; authorized,expressly and impliedly ratified, and had full knowledge of,or should have 24 known of,each of the acts set forth herein. 25 26 27 Pi 28 35 COMPLAINT FOR PERSONAL INJURY-ASBESTOS I , 83. Defendants,their"alternate entities," and each of them, are liable for the 2 fraudulent,oppressive,and/or malicious acts of their"alternate entities,"and each of 3 them,and Plaintiffs, for the sake of example and by way of punishing said defendants; 4 seek punitive damages according to proof 5 WHEREFORE,Plaintiff prays for judgment against Defendants, their"alternate 6 entities,"and each of them,as hereinafter set forth. 7 8 SIXTH CAUSE OF ACTION [Negligence—Civil Code Section 17141 9 AN* FO A SIXTH,FURTHER,AND DISTINCT CAUSE OF ACTION FOR 10 NEGLIGENCE UNDER CIVIL COIE SECTION 1714,PLAINTIFF , COMPLAINS OF ALL DEFENDANTS AND DOES 1-700 INLCUSIVE,THEIR 11 "ALTERNATE ENTITIES",AND EACH OF THEM,AND ALLEGES AS 12 FOLLOWS: 13 I 84. Plaintiff incorporates by reference, as though filly set forth herein, 14 each and every paragraph of the General Allegations and the First and Fifth Causes of 15 Action above. 16 85. At all times herein mentioned,defendants selected,supplied,and 71 distributed asbestos containing materials to their employees and others for use during 18 * 19 their regular work activities in areas where defendants owned, maintained, controlled, 20 managed and/or conducted business activities where Plaintiff PAUL WASHELESKI, 21 worked and/or spent time as alleged herein in Exhibit"A". 2? 86 Said employees and others handled, disturbed and otherwise manipulated 23 these asbestos containing materials causing the release of asbestos fibers and dust. 24 87. Defendants were negligent in selecting, supplying, and distributing the 25 26 asbestos containing products in that said products were unsafe in that they released 27 asbestos fibers and d .st into air when used which would be inhaled by Plaintiff PAUL 28 36 COMPLAINT FOR PERSONAL INJURY-ASBESTOS • 1 WASHELESKI,and settled onto Plaintiff PAUL WASHELESKI's clothes,shoes, hands, • 1 •' a 2 face,hair,skin, and other body parts thus creating a situation whereby workers and by- standers including Plaintiff PAUL WASHELESKI, would be exposed to dangerous 4 asbestos dust. 5 88. The asbestos and asbestos-containing materials described herein were 6 unsafe in that handling and disturbing products which contain asbestos causes the release 7 of asbestos fibers into the air, and the inhalation of asbestos fibers causes serious disease 8 and death. Here,the handling of asbestos containing materials by defendants' employees 9 10 and other caused personal injuries,i chiding mesothelioma and other lung damage, to 11 Plaintiff PAUL WASHELESKI 12 89. At all times herein mentioned,defendants knew or should have known that 13 its employees and bystanders thereto, including Plaintiff PAUL WASHELESKI, 14 frequently encountered asbestos-containing products and materials during the course and 15 scope of their work activities. 16 ; 90. At all times herein mentioned,defendants knew or should have known iat 17 18 the asbestos-containing materials encountered by its employees and bystanders thereto 19 including Plaintiff PAUL WASHELESK1,were unsafe in that harmful asbestos fibers 20 were released during the use,handling,breaking, or other manipulation of asbestos- 21 containing products and materials,and that once released, asbestos fibers can be inhaled, 22 and can alight on the clothes,shoes, ski, hair,and body parts of those exposed,where 23 further activity causes the fibers to once again be released into the air where they can be 24 25 inhaled, all of which causes serious disease and/or death. 26 27 28 " 37 COMPLAINT FOR PERSONAL.INJURY.ASBESTOS 91. At all times herein mentioned, defendants, and each of them knew,or in _ 1 2 the exercise of reasonable diligence should have known, that absent adequate trai ,*ng and 3 , supervision,their employees and bystanders thereto including Plaintiff PAUL 4 WASHELESKI, were neither qualified nor able to identify asbestos-containing products 5 nor to identify the hazardous nature of their work activities involving asbestos-containing 6 products. 92. At all times herein mentioned,Plaintiff PAUL WASHELESKI,was 8 unaware of the dangerous condition and unreasonable risk of personal injury created by 9 the aforesaid presence and use of asbestos-containing products and materials. 10 i 93. At all times herein mentioned, defendants, and each of them knew,or in 12 the exercise of reasonable diligence should have known, that workers and bystanders 13 1 thereto, including Plaintiff PAUL WASHELESKI,would bring dangerous dust home 14 1 from the workplace and contaminate their homes, potentially causing injury to others 15 ; the premises. 16 17 94. At all times herein mentioned,defendants had a duty to use due care in: the selection, supply,distribution and disturbance of asbestos containing products and 19 materials to its employees;the instruction,training, and supervision of their employees; 20 and the implementation of adequate safety policies and procedures, all of which was 21 necessary to protect workers and persons encountering those workers,including Plaintiff 22 PAUL WASHELESKI, from suffering injury or death as a result of the asbestos hazards 23 encountered and created by the work of defendants' employees and others involved in the 24 25 furtherance of defendants' business enterprise. ' 26 27 ; 28 ; 38 COMPLAINT FOR PERSONAL INJURY-ASBESTOS • • 95. Defendantsduties as alleged herein exist and existed independently of 1 • 2 defendants' duties to maintain their premises in reasonably safe condition, free from 3 concealed hazards. 4 96. Defendants negligently selected, supplied, and distributed the asbestos 5 containing materials and negligently failed to adequately train or supervise their 6 employees and negligently failed to implement adequate safety policies and procedures • 7 as needed to identify asbestos-containing products and materials and ensure the safe 8 : handling of asbestos-containing products and materials encountered during the course of 9 ' /0 their work activities;and to guard against the inhalation of asbestos fibers by those who , would come into close contact with the work activities of defendants' employees as or 12 after they had used, disturbed,or handled,said asbestos-containing products and 13 materials during the course and scope of their employment by defendants. 14 97. Defendants failed to warn its employees and bystanders thereto including 15 Plaintiff PAUL WASHELESK1,of the known hazards associated with asbestos and the 16 17. asbestos materials they were using and/or disturbing. • 18 98. As a direct and proximate result of the conduct of defendants in selecting, 19 supplying, distributing and disturbing asbestos-containing materials and failing to 20 adequately train and supervise their employees and failing to adopt and implement 21 adequate safety policies and procedures as alleged herein,Plaintiff PAUL 22 WASHELESKI,became exposed to and inhaled asbestos fibers,which was a substantial 23 ; factor causing Plaintiff PAUL WASHELESKJ,to develop asbestos-related conditions 24 25 • and diseases. Defendants' acts and omissions as described in this cause of action were a . • • 26 27 28 • 39 • COMPLAINT FOR PERSONAL INJURY-ASBESTOS direct and proximate cause of the injuries and damages sustained by Plaintiff, as alleged 2 herein. 3 99. Defendants' conduct as described in this cause of action was and is 4 undertaken in pursuit of financial gain and in conscious disregard for, and deliberate 5 indifference to,the safety and health of"exposed persons." Defendants'officers, 6 directors,and managing agents participated in, authorized,expressly and impliedly 7 ratified, and had full knowledge of,or should have known of,the acts and omissions 8 described herein. Plaintiff, for the sake of example and by way of punishing said 9 0 defendants,seeks punitive damages according to proof 1 11 WHEREFORE,Plaintiff prays for judgment against Defendants,their"alternate 12 entities," and each of them, as hereinafter set forth. 13 SEVENTH CAUSE OF ACTION 14 (Aiding and Abet-tilrg Battery) 15 AS AND FOR A FURTHER,SEPARATE,AND DISTINCT CAUSE OF ACTION FOR 16 ", AII,ING AND ,;,ETTING ATTERY, PLAINTIFF COMPLAINS OF DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY,DOES 701-750,THEIR 17 "ALTERNATE ENTITIES,"AND EACH OF THEM,AND ALLEGES AS FOLLOWS; 18 100. Plaintiff hereby incorporates by reference each and every allegation 19 contained in the preceding causes of action herein. 20 101. This cause of action is for ,e aiding and abetting of battery by 21 METROPOLITAN LIFE INSURANCE COMPANY("MET LIFE"). 22 102. Plaintiff as informed and believes, and thereon alleges, that at all times 23 herein mentioned, defendant MET LIFE was and is a corporation organized and existing 24 under and by virtue of the laws of the State of New York or the laws of some other state 25 of foreign jurisdiction, and that this defendant was and is authorized to do and/or was and 26 is doing business,in the State of California, and regularly conducted or conducts business 27 28 40 COMPLAINT FOR PERSONAL INJURY-ASBESTOS in the County of Los Angeles, State of California. At times relevant to this cause of 2 action,MET LIFE was an insurer of defendants named herein and others. 3 103, Plaintiff PAUL WASHELESK1,was exposed to asbestos-containing 4 dust created by the use of the asbestos products manufactured,distributed and/or supplied 5 by defendants named herein, and others,who were insured by MET LIFE. This exposure 6 , to said asbestos or asbestos-related products caused plaintiffs asbestos-related disease 7 and the injuries that plaintiff seeks redress for herein. 8 , 104. MET LIFE aided and abetted defendants named herein and others in the 9 suppression and misrepresentation of the hazards of exposure to asbestos. 10 105. As a direct and proximate result of said conduct,plaintiff remained ignorant and uninformed of the hazards of asbestos, failed to take precautions,and was 12 thereby exposed to,inhaled,ingested or otherwise absorbed amounts of asbestos fibers 13 sufficient to cause plaintiff to develop the asbestos disease specified herein. As a direct 14 and proximate result of said disease,plaintiff has suffered disability,disfigurement,pain, 15 suffering, mental anguish, lost wages, lost benefits, and has incurred medical costs related 16 s thereto. 17 106. MET LIFE knew that the conduct of its insured defendants named herein 18 , and others constituted a breach of its duties to its insureds' workers and end users of its 19 s ' insureds' products. MET LIFE gave substantial assistance to certain defendants named 20 herein and others in committing batteries on said workers and end users, including 211 plaintiff,through MET LIFE's conduct described above. 22 WHEREFORE,Plaintiff prays for judgment as is hereinafter set forth. 23 24 25 !, 26 /1/ 27 28 , 41 COMPLAINT FOR PERSONAL INJURY-ASBESTOS EIGHTH CAUSE SF ACTION 1 „ 2 (Loss of Consortium) 3 AND AS FO's A FURTHER,EIGHTH SEPARATE,AND DISTINCT CAUSE OF ACTION FOR LOSS SF CONSORTIUM,PLAINTIFF EEN WASHELESKI 4 COMPLAINS OF ALL DEFENDANTS,DOES 1-750,THEIR"ALTERNATE ENTITIES",AND EACH OF THEM,AND ALLEGES AS FOLLOWS: 5 6 107. Plaintiff ARDEEN WASHELESKI incorporates by reference as if fully 7 set forth herein, the General Allegations and each and every paragraph of the First 8 through Seventh Causes of Action herein. 9 108, Plairitiffs PAUL WASHELESKI and ARDEEN WASHELESKI were 10 married on January 5, 2005, and at all times relevant to this action were,and are now, 11 , husband and wife. 12 109. Prior to Plaintiff PAUL WASHELESKI's injuries as alleged,he was able 13 and did perform duties as a spouse. Subsequent to the injuries and as a proximate result 14 thereof,Plaintiff PAUL WASHELESKI,has been unable to perform the necessary duties 15 as a spouse and the work and services usually performed in the care, maintenance, and 16 management of the family home, and he will be unable to perform such work,service and 17 , duties in the future. As a proximate result thereof, Plaintiff ARDEEN WASHELESKI 18 has been permanently deprived and will be deprived of the consortium of her spouse, 19 including ,e performance of duties, all to ,"s damage, in an amount presently unknown 20 but which will be proved at the time of trial. 21 110. Plaintiff ARDEEN WASHELESKI's discovery of this cause of her loss of 22 consortium,as herein alleged,first occurred within one year of the date this Complaint 23 was filed. 24 111. As a direct and proximate result of the acts of Defendants,their"alternate 25 entities",and each of them, and the severe injuries caused thereby to Plaintiff PAUL 26 ' WASHELESKI,as set forth in this complaint,Plaintiff ARDEEN WASHELESKI has 27 28 42 COMPLAINT FOR PERSONAL INIURY-ASBESTOS 4 s ,ffered, and for a long period of time will continue to suffer, loss of consortium, 2 including, but not limited, loss of services,marital relations,society,comfort, 3 companionship, love and affection of said spouse, and has suffered severe mental and 4 emotional distress and general nervousness as a result thereof $ WHEREFORE,Plaintiff prays for judgment against Defendants, and their 6 ' "alternate entities",and each of them,as hereinafter set forth. 7 HI 8 1H 9 , /1/ 10 11 : 12 13 14 ; 15 16 , 17 18 19 20 21 22 23i 24 ; 25 26 ; 27H 28 43 COMPLAINT FOR PERSONAL INJURY.ASBESTOS • PRAYER 1 2 WHEREFORE, Plaintiffs pray for judgment against Defendants,their"alternate 3 entities", and each of them, in an amount to be proved at trial in each individual case,as 4 follows: 5 Plaintiff PAUL WASHELESKI: 6 1. For Plaintiff's general damages according to proof; 7 2. For Plaintiff's medical and related expenses according to proof; 8 3. For Plaintiff's loss of income,wages,benefits and earning potential 9 according to proof. 10 Plaintiff ARDEEN WASHELESKI: 11 4. For Plaintiff's damages for loss of consortium and/or society 12 according to proof. 13 Plaintiffs PAUL WASHELESKI and ARDEEN WASHELESKI: 14 5. For Plaintiffs' cost of suit herein; 15 6. For exemplary or punitive damages according to proof; and, 16 7. For such other and further relief as the Court may deem just and 17 proper, including costs and prejudgment interest as provided in 118 C.C.P. § 998,C.C.P. § 1032, and related provisions of law. 19 20 Dated: May 29, 2018 SIMMONS HANLY CONROY 21 22 23 ty: 24 Crystal G. Foley Attorneys for Plaintiffs 25 • 26 27 28 44 COMPLAINT FOR PERSONAL INJURY-ASBESTOS 1 EMAND FOR JURY TRIAL 2 Plaintiffs hereby demand trial by jury as to all issues so triable. 3 Dated: May 29,2018 SIMMONS HANLY CONROY 4 6 410 By: 7 , Crystal G.Foley Attorneys for Plaintiffs 9 ' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ' 27 ' 28 45 COMPLAINT FOR PERSONAL INJURY-ASBESTOS EXHIBIT"A" 1 2 Plaintiff PAUL WASHELESKI's exposure to asbestos and asbestos-containing products occurred at various locations within the States of California and Nevada, 3 including,but not limited to: 4 5 Employer Location Job Title Dates of Exposure 6 Thermalito Oroville,CA Utility and Approx. 1961-1976 Water and Maintenance, 7 Sewer District Including pipe 8 installation 9 S.Tahoe Public South Lake Utility and Approx. 1977-1989 Utility District Tahoe, CA Maintenance, 10 Including pipe installation 11 12 Kingsbury General Stateline,NV Utility and Approx. 1990-1996 13 Improvement Maintenance, District Including pipe 14 installation 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46 COMPLAINT FOR PERSONAL INJURY-ASBESTOS I EXEr 1T"B" I 2 Plaintiff PAUL WASHELESK1's exposure to asbestos and asbestos-containing 3 products caused severe and permanent injury to Plaintiff including, but not limited to, 4 breathing difficulties,asbestosis,malignant mesothelioma,lung and/or other cancer,and/or 5 ' 6 other lung damage. 7 Plaintiff PAUL WASHELESKI was diagnosed with malignant mesothelioma on or 8 about April 9,2018,and subsequently thereto,became aware that the same was wrongfully 9 caused, 10 ' 11 l2 ' 13 14 15 16 17 • 18 19 20 21 • 22 23 24 25 26 27 • 28 47 COMPLAINT FOR PERSONAL INJURY-ASBESTOS 1 • 1 • EXHIBIT"C" 2 CBS CO' ORATIONfficia VIACOM INC.,successor by merger with CBS CORPORATION,.Ulcia WESTINGHOUSE ELECTRIC CORPORATION; 3 • CERTAIN-TEED CORPORATION; 4 CRANE CO ; CROWN CORK & SEAL COMPANY,INC.,individually and as successor-in- 5 Interest to MUNDET CORK CORPORATION; ECHO ;'`U •JUNG SUPPLY; 6 FAMILIAN CORP; FOSTV: WHEELER ENERGY CORK/RATION; !: GENERAL ELECT,"!: C COMPANY; 8 GORMANUPP COMPANY; • GRINNELL LLC; 9 H IN*UST,!. L HOLDINGS COR;r0 TIONfikla THE CARBORUNDUM COMPANY; I° INGERSOLL RAND COMPANY; . ;! JOHN CRANE INC; • J-M MANUFACTURING COMPANY,INC.; 12 H KELLY MOORE PAINT COMPANY INC.; • MUELLER CO, LLC; 13 P.E.011AFR CO.,Predecessor To WESTBURNE SUPPLY INC.; • . ' RUDYS PLUMBING; 14, SLAKEY BROTHERS INC.; • 15 SOCO WEST,INC.; UNI•N C CORPORATION; 16 WESTERN NEVADA SUPPLY CO.; and 17 !: DOES 1-400 INCLUSIVE, 18 19 20 ; • . 21 22 23 24 25 26 : 27 28 48 COMPLAINT FOR PERSONAL INJURY-ASBESTOS I I EXHIBIT"*" 2 DOES 401-700 INCLUSWE, 3 4 5 '! 6 H • • 8 9 10 11 12 14 15 16 • 17 • 18 19 20 21 22 23 !; 24 ; 25 26 27 28 49 COMPLAINT FOR PERSONAL INJURY-ASBESTOS