In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3626

DECLARATION of Connelly in Support re: (157 in 1:04-cv-04973-SAS) MOTION for Summary Judgment for Lack of Evidence Pertaining to Causation.. Document filed by Coastal Eagle Point Company, Coastal Chem, Inc.. (Attachments: #1 Exhibit #01, #2 Exhibit #02, #3 Exhibit #03, #4 Exhibit #04, #5 Exhibit #05, #6 Exhibit #06, #7 Exhibit #07, #8 Exhibit #08, #9 Exhibit #09, #10 Exhibit #10, #11 Exhibit #11, #12 Exhibit #12, #13 Exhibit #13, #14 Exhibit #14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

EXHIBIT 10
Narinder Singh Deposition Excerpts


Pages 21, 23-25, 27, 31-32, 47-48 from the deposition testimony of Narinder Singh, taken
March 16, 2011.

Deposition of Narinder Singh

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March 16, 2011

Page 21

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A. El Monte Gas.
Q. Has that name changed over the years?
A. It was ARCO gas station, it was under El Monte
Gas. And then in '99 after we put in new tanks and all
that, we opened back up -- it was closed down for two
years, then we opened back up in 2000 as Exxon.
Q. Is it an Exxon station at the current time?
A. Right now? No.
Q. What did it change to after Exxon?
A. Valero.
Q. Approximately when did that change?
A. In August -- August last year.
Q. Is it currently a Valero station?
A. Yes, sir.
Q. Are you the owner of that station?
A. Yes, sir.
Q. Okay. Beside that station in Selma and the one
at 4594 East Tulare, have you been affiliated with any
other stations?
A. No, sir.
Q. Can you describe for us any school or education
you have had after high school?
A. Well, I was in India, you know, I went to
school in India. And I didn't finish any college. I
went to college, but I never finished.

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A. Convenience store.
Q. When you say the gas was owned by El Monte, are
you referring to the underground storage tanks?
A. Yeah, the gasoline, you know, gasoline part was
on commission and they owned that part.
Q. Okay. So just to clarify, when you say the
gasoline part, that would be underground storage
tanks -A. Yes, sir.
Q. -- piping -A. Yes, sir.
Q. Just a second. Just a second. You are
anticipating where I am going. Just so we are -A. Yes, sir. Yes, sir. Yes, sir.
Q. -- not talking at the same time.
A. Yes.
Q. So when you say the gasoline part, that would
be the underground storage tanks, the piping, and the
gas dispensers?
A. Yes, sir.
Q. Did you ever learn when Mr. Doyle bought the
station from Beacon?
A. In 1994. Same time I leased.
Q. Do you know who owned the land or the property
in 1994?

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Q. Did you have any particular course of study in
college?
A. No.
Q. How about after you came to the United States,
did you have any college?
A. No, sir.
Q. So if we talk about "the station" for
shorthand, can we agree -A. Yes.
Q. -- that we are talking about 4594 East Tulare
here in Fresno?
A. Yes.
Q. If I ever ask something about the Selma one,
I'll -- I will try -- I will specify that so we are
clear, but otherwise I will be asking you about the
Fresno station.
A. Yes, sir.
Q. Can you tell us what year you first became
affiliated with the Fresno station?
A. 1994. We leased that station and we own
inside, and the gas was owned by El Monte Gas. El Monte
Gas, Mr. Don Doyle bought that station from, I believe,
Beacon Oil Company.
Q. When you say, "We owned the inside," are you -are you meaning that you owned the building?

Page 24

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A. Don Doyle bought the land and the property at
that time.
Q. Before he bought the station in 1994, do you
know what the station was branded?
A. ARCO.
Q. And at the time you started leasing the
station, what was it branded?
A. ARCO.
Q. When you say, "We leased the station," was that
you and your wife initially?
A. Me and my wife, and I have partners, Kirpal
Singh Sandhu. I am actually a silent partner. He run
that station.
Q. I am sorry. You said he was the silent
partner?
A. I am the silent partner.
Q. Oh, you are the silent partner?
A. Yeah.
Q. So from the station initially being branded
ARCO, did it later have another brand?
A. Yes.
Q. What was after ARCO?
A. After ARCO we went independent.
Q. What year did that occur?
A. That was in '99. We bought the property in '99

6 (Pages 21 to 24)
DEPOBOOK REPORTING SERVICES [phone]

Deposition of Narinder Singh

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March 16, 2011

Page 25
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from Mr. Doyle and replaced the tank and the piping.
Q. What was the station called starting in 1999?
A. Circle 6.
Q. Did it have another name after Circle 6?
A. It was Tulare Street ARCO before that when
Doyle had it, and we called Tulare Street ARCO.
Q. Is it on Tulare Avenue or Tulare Street?
A. Tulare Street.
Q. Okay. I am sorry. I think I said Tulare
Avenue earlier. Let me make a note of that. So it is
4594 East Tulare Street in Fresno?
A. Yes, sir.
Q. So when it was an ARCO it was called the Tulare
Street ARCO, starting in 1994?
A. Yes, sir.
Q. And then about 1999 it became Circle 6?
A. Yes, sir.
Q. And did it have a name after Circle 6?
A. We kept it Circle 6 where we did brand Exxon.
My best knowledge. I don't know exact year and the
date, but I believe in 2003 or 2002 we brand Exxon.
Q. When you say you brand Exxon, you started
selling Exxon branded gasoline?
A. Yes, sir.
Q. We might see some documents that say Exxon that

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A. When it was Circle 6?
Q. Yes.
A. Oh, well, when it was ARCO.
Q. Well, starting with Circle 6. We can go back
to ARCO. Sorry.
A. Okay. Okay.
Q. We will go in time order. That's probably
easier.
A. Okay.
Q. Okay. When you started operating the station
in about 1994, what jobbers were delivering gasoline
then?
A. El Monte Gas.
Q. Was that the only one?
A. That was the only one. And they owned the gas
as well.
Q. And when you started with the Circle 6 name in
1999, who were any jobbers delivering gasoline then?
A. Yes, sir. We have a couple different jobbers,
which is -- one was, of course, El Monte Gas, Julien Oil
Company, and we had Boyett Petroleum. That's my best
knowledge at this moment.
Q. When El Monte Gas was delivering to the Circle
6, were they providing a particular brand?
A. No, we -- you know, no. It was independent.

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might help refresh your recollection.
Let me -- let me go back to the brand names. I
was going to go through that next. When you first
bought the station in 1994, what brand of gasoline was
being delivered to you then?
A. It was ARCO. And we did not bought it, it was
leasing and just convenience store back in 1994.
Q. I am sorry. Okay. Correct. I am sorry. I
should say when you started operating the station in
1994.
A. Yes, sir.
Q. So it was, I am sorry, ARCO gasoline being
delivered to you then?
A. At that time, yes, sir.
Q. Was it ARCO gasoline up until the time you
switched to a Circle 6 name?
A. Yes, sir.
Q. When you switched to Circle 6 in about 1999,
what brand of gasoline was being delivered to you then?
A. Independent.
Q. Was there any predominant brand?
A. No.
Q. During the time you were Circle 6, before you
mentioned going to the Exxon brand, what jobbers were
delivering gas to the station?

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They pull wherever they pull from. And they always have
bill of lading and say where they pull from, but we
don't pay attention to it so I can't say, you know.
Q. Do you still have any bills of lading from the
time it was Circle 6 with unbranded gas?
A. Yes.
Q. You still have bills of lading in your
possession?
A. Well, you know, we have to go back so I can
find it, yes.
Q. Well, I think -- because that was the kind of
thing that we were looking for with the subpoena. So
can we talk to you after -A. Yes.
Q. -- the deposition about trying to get copies of
that?
A. Yes.
Q. For Julien Oil, do you recall where they were
located, what city?
A. In Visalia.
Q. And then when you mentioned it was Circle 6 and
you switched to Exxon brand about 2002 or 2003, is it
correct that you started having deliveries of Exxon
brand gasoline at that point?
A. Yes.

7 (Pages 25 to 28)
DEPOBOOK REPORTING SERVICES [phone]

Deposition of Narinder Singh

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March 16, 2011

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MS. KLEAVER: Objection; calls for speculation,
lacks foundation.
MR. EICKMEYER: Q. Now -- when she's done
talking now, you can answer.
A. Oh, okay.
Q. So, I am sorry, what was your answer?
A. Yes. What your question was again?
MR. EICKMEYER: Well, if we can get a
read-back.
(Record read)
THE WITNESS: Yes.
MR. EICKMEYER: Q. After the Circle 6 name on
the station, has it had another name?
A. No.
Q. So it's still Circle 6 at the present day?
A. Yes.
Q. Is it still Exxon brand gas being sold there to
the present day?
A. No, sir.
Q. When did that change?
A. That change in 2006.
Q. And what brand did that change to?
A. Valero.
Q. Is it still Valero gas being sold there to the
present day?

Page 31

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just to make it faster. But if you ever want to stop
and read anything, we will be happy to take the time to
do that.
Where it says Business Owner about halfway
down, it looks like it says Narinder Singh, and is it
pronounced Kanta Singh?
A. Yes, that's my wife.
Q. And that's for the record, K-a-n-t-a?
A. Mm-hmm.
Q. I'm sorry. Can you say yes?
A. Yes, sir.
Q. You said -- I think you said "mm-hmm," so I am
just trying to clarify.
A. I'm sorry.
Q. So it is indicated here, do you recognize where
it says Owner, it looks like Kanta Singh is the
signature. Do you recognize that as your wife's
signature?
A. Yes, sir.
Q. Across from her signature, it looks like the
date is 5/25/95.
A. Yes, sir.
Q. Do you recognize -- I think you described it
was about 1994 when you had first leased the station?
A. Yes, sir.

Page 30

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A. Yes, sir.
Q. When the switch was made that you described to
Exxon brand in about 2002 or '3, who were the jobbers
delivering that Exxon gas?
A. It was Julien Oil Company.
Q. Was that the only one?
A. That was the only one. Yes, sir.
Q. After the change was made to Valero in about
2006, what jobbers were delivering gas to the station?
A. Still Julien Oil Company.
Q. Is that true to the present day?
A. Yes, sir.
Q. And it has only been Julien Oil during the
Valero years?
A. Yes, sir.
(Deposition Exhibit 2 marked for
identification)
MR. EICKMEYER: I will hand you what I have
marked as Exhibit 2. This is Fresno County Health
Services Agency, Bates FCDEH-FRESNO-020619.
Q. Do you recognize this page as having seen it
before?
A. This page, yeah.
Q. On the -- I will point -- on many of the
documents I will try and point you to a particular place

Page 32
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Q. It looks like it says Date of Business
Commencement here, 6/1/95.
A. Maybe it is '95. Maybe I am -- you know, make
mistake on that.
Q. Well, that's why I say, some of the
documents -A. Yes.
Q. -- might help -A. Yes, sir.
Q. -- refresh your memory.
A. Yes.
Q. At the time that you took over the station, was
there any change made of the underground storage tanks
at that point?
A. No, sir.
Q. Did you ever have any information when the
tanks that were there when you took over had originally
been installed?
A. No, sir.
(Deposition Exhibit 3 marked for
identification)
MR. EICKMEYER: I will show you what I have
marked as Exhibit 3. This is a Fresno County Health
Services Agency Environmental Health Application, Bates
FCDEH-FRESNO-020618.

8 (Pages 29 to 32)
DEPOBOOK REPORTING SERVICES [phone]

Deposition of Narinder Singh

/

March 16, 2011

Page 45

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Q. Okay. So what you're saying -- so on -- on the
form they don't give you a box for mid-grade, so two of
these are marked premium but you are saying one was
premium and one was mid-grade?
A. Yes, sir. Yes, sir.
Q. And then the -- the other two were just
regular -A. Yes, sir.
Q. -- unleaded?
A. Yes, sir.
Q. Is it correct, then, that all four of the tanks
at that point -A. Yes, sir.
Q. Well, just a second -- that all four of the
tanks at that point didn't have any spill containment or
overfill prevention equipment?
A. Well, whatever is filled in this form is true
and correct.
Q. And the tanks indicated here in 1996 would have
been the same ones present when you started leasing the
station about 1994?
A. Yes, sir.
Q. And these four tanks would have been the same
ones that remained until the tank replacement -MS. OSEROFF: It's a belated objection;

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MR. EICKMEYER: I will hand you what I have
marked as Exhibit 7. This is entitled Fresno County
Health Services Agency, date June 22nd, 1998, Bates
RWQCB-FRESNO-017073.
Q. Mr. Singh, do you recognize this document?
A. Yes, sir.
Q. Is it correct that this is a cover letter
followed by the permit to operate the underground
storage tanks, expiring December 22nd, 1998?
A. Yes, sir.
Q. Did you see there is a list of numbered items
starting toward the bottom of the first page that
indicates that there are upgrade requirements no later
than December 22nd, 1998?
A. Yes, sir.
Q. And it has Items 1, 2, and then 3 on the next
page?
A. Yes.
Q. Do you recall if you took any action in
response to this letter indicating that the requirements
were coming into effect?
A. Absolutely.
Q. What did you do?
A. We closed the station the 22nd, December 22nd.
We didn't operate after that until we had new tanks.

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misstates the record -- his testimony.
MR. EICKMEYER: Q. And these would have been
the same tanks that stayed present until they were
replaced later in about 1999?
A. Can you repeat that, please?
Q. Are these -- are these four tanks shown in this
exhibit the same tanks that remained at the station
until they were replaced in about 1999?
A. Yes, sir.
(Deposition Exhibit 6 marked for
identification)
MR. EICKMEYER: I am going to show you what I
have marked as Exhibit 6. This is titled Fresno County
Community Health Department, UST Monitoring/Emergency
Response Plan, Bates FCDEH-FRESNO-021158.
Q. Mr. Singh, do you recognize this page?
A. Yes, sir.
Q. Do you recognize Mr. Sandhu's signature at the
bottom of this page?
A. Yes, sir.
Q. Would the information on this page be accurate
as of the date it was filled out?
A. Yes, sir.
(Deposition Exhibit 7 marked for
identification)

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That's the time we bought the property and went back and
put new tanks and opened back up in May 2000 -- I
mean '99. The station was shut down December 22nd until
May of '99. I believe we opened in May or June,
something like that.
(Deposition Exhibit 8 marked for
identification)
MR. EICKMEYER: I want to show you what I have
marked as Exhibit 8. This is an Underground Storage
Tank Permit Application, Form A, Bates
RWQCB-FRESNO-017077 through 017078.
Q. Do you recall having seen this form before?
A. Yes, sir.
Q. Do you recognize Mr. Sandhu's signature at the
bottom?
A. Yes, sir.
Q. And would the information on this form have
been correct as of the date it was filled out?
A. Yes, sir.
(Deposition Exhibit 9 marked for
identification)
MR. EICKMEYER: I will hand you what I have
marked as Exhibit 9. This is a Certification Financial
Responsibility, Bates RWQCB-FRESNO-017079.
Q. Do you recognize Mr. Sandhu's signature at the

12 (Pages 45 to 48)
DEPOBOOK REPORTING SERVICES [phone]