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 7
Dan Martin Deposition Excerpts


Pages 22-24, 32, 40-44, 48, 51-53, 58-59 from the deposition testimony of Dan Martin, taken
March 23, 2011.

Deposition of Dan Martin

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March 23, 2011
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recognize that. The first one is on Chestnut Avenue
according to this list.
MR. MASSEY: Q. Okay. There's -A. Oh -Q. -- one that's not aligned with the rest of the
list.
A. Okay.
Yes. We -- we owned that station.
Q. Okay. 3645 East Olive Avenue?
A. Yes.
Q. Okay. Do you recall what time frame you owned
that station?
A. Sometime in '85 or '86, I believe.
Q. Okay. And as you recall, there was never any
gas sold at that station; is that correct?
A. That station was converted to a repair shop.
To my knowledge, it never bought any gasoline. Never
distributed any gasoline there. Sold -- they never sold
any gasoline.
Q. Okay. And did you distribute ARCO gasoline to
the second station on the list, which is listed as
2397 Chestnut Avenue, and that's at Chestnut and Church?
MR. FINSTEN: Objection; assumes facts; lack of
foundation; vague as to "deliver gasoline." Leading.
THE WITNESS: Chestnut and Church? I don't

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THE WITNESS: Yes, we owned that station.
MR. MASSEY: Q. Approximately what time period
did you own that station?
MR. FINSTEN: Objection; calls for speculation.
THE WITNESS: Sometime in the late '80's, I
believe.
MR. MASSEY: Q. And do you still own it now?
A. We still own it.
Q. So you started owning it in the late '80's?
A. Well, sometime in the '80's, we built that
station. Now, there's other stations on that
intersection. I presume that you are talking about the
northwest corner of Chestnut and McKinley.
Q. The address we have is 1625 North Chestnut.
A. That's -- yeah, I don't know if that was our
street address, but that is one -- we owned a station at
that corner, yes.
Q. Okay. And is that station an ARCO-branded
station?
A. Yes.
Q. And throughout the time period that you owned
it, it has sold ARCO gasoline?
A. Yes.
Q. Exclusively ARCO gasoline?
A. Yes.

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recognize that address at all -MR. MASSEY: Okay.
THE WITNESS: -- for a service station.
MR. MASSEY: Q. How about 4591 East Belmont
Avenue? Which is at Belmont and Maple.
MR. FINSTEN: Objection; assumes facts.
THE WITNESS: Yes, that was one of our
stations.
MR. MASSEY: Q. Okay. And -A. Let me correct that. That -- I am thinking of
Tulare and Maple.
MR. FINSTEN: This is why I object to all of
this.
THE WITNESS: Belmont and Maple, I -- I think
was a Beacon station, I believe.
MR. MASSEY: Q. So you are not certain whether
you supplied ARCO gasoline to that station?
A. No, I don't think so.
Q. Are you certain whether you owned that station
at any time?
A. We didn't own it, to my knowledge.
Q. How about 1625 North Chestnut Avenue, which is
Chestnut and McKinley?
MR. FINSTEN: Objection; assumes facts not in
evidence, leading the witness.

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MR. FINSTEN: Objection to all of this as
leading.
MR. MASSEY: Q. And -MR. FINSTEN: Since you met with the witness
beforehand, you should not be asking leading questions.
MR. MASSEY: Let's go off the record.
THE VIDEOGRAPHER: Going off the record at
12:20 p.m.
(Discussion held off the record)
THE VIDEOGRAPHER: Back on the record at
12:21 p.m.
MR. MASSEY: Q. And for the ARCO station at
the corner of Chestnut and McKinley that you own, prior
to your ownership, which is approximately in the late
'80's, did Martin Oil supply ARCO gasoline to that
station?
MR. FINSTEN: Objection; compound, leading,
assumes facts not in evidence, and calls for
speculation.
THE WITNESS: 1625 North Chestnut is our ARCO
station and it still is. We didn't supply the prior
station that was on that corner. I -- I don't even know
what brand it was.
MR. MASSEY: Q. Okay. How about 3767 South
Golden State Boulevard, which is at Golden State

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DEPOBOOK REPORTING SERVICES, LLC [phone]

Deposition of Dan Martin

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March 23, 2011
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branded ARCO.
MR. MASSEY: Q. And when did you stop owning
it?
A. I believe in 1985, we gave it up.
Q. Okay. And did it stay as an ARCO-branded
station after you sold it?
MR. FINSTEN: Objection; lack of personal
knowledge, assumes facts, calls for speculation.
THE WITNESS: Yeah, I am not sure if it stayed
branded or not. We -- we gave up ownership of it.
MR. MASSEY: Q. How about 2809 South Chestnut,
which is Chestnut and Annadale?
MR. FINSTEN: Objection; assumes facts not in
evidence.
THE WITNESS: 2809 South Chestnut? Chestnut
and Annadale, I am not familiar with that station.
MR. MASSEY: Q. How about 1014 East Bullard,
which is Bullard and First?
MR. FINSTEN: Objection; assumes facts not in
evidence.
THE WITNESS: I am not sure on that -- that was
not ours, so -MR. MASSEY: Q. How about 3217 East Lorena,
which is Lorena and Parallel?
MR. FINSTEN: Objection; assumes facts not in

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evidence.
THE WITNESS: I don't think that is a service
station, that address, or ever was.
MR. MASSEY: Q. How about 2740 North Van Ness,
which is Van Ness and Princeton?
MR. FINSTEN: Objection; assumes facts not in
evidence.
THE WITNESS: I believe that was a Chevron.
Still is, I believe.
MR. MASSEY: Q. Did you ever supply gasoline
to that station?
A. No, never supplied gasoline.
Q. And how do you know it was a Chevron or is a
Chevron?
A. Well, it was kind of a historical gas station
in Fresno. It goes back to the '20's, and still there,
still being operated, I believe, by the original owner.
Q. And you have driven by it and seen the Chevron
sign over the years?
A. Yes, over the years, yes; mm-hmm.
Q. And how about the last one on our list 22 -225 North H, which is H and Arroyo?
A. I am not familiar with that address, no.
Q. Okay. So let me review. 1625 North Chestnut
is an ARCO station that you owned since the late '80's;

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evidence.
THE WITNESS: I am not familiar with that
location either.
MR. MASSEY: Q. How about 5756 North First -MR. FINSTEN: Objection -MR. MASSEY: -- which is First and Bullard.
MR. FINSTEN: Objection; assumes facts not in
evidence.
THE WITNESS: I am not familiar with that
station.
MR. MASSEY: Q. How about 1605 North Cedar,
which is Cedar and McKinley?
MR. FINSTEN: Objection; assumes facts not in
evidence.
THE WITNESS: Not familiar with that location
either.
MR. MASSEY: Q. How about 101 North Roosevelt,
which is Roosevelt and H?
MR. FINSTEN: Objection; assumes facts not in
evidence.
THE WITNESS: Again, that's not -- I am not
familiar with that.
MR. MASSEY: Q. How about 2139 South Elm,
which is Elm and California?
MR. FINSTEN: Objection; assumes facts not in

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is that correct?
MR. FINSTEN: Objection; leading the witness;
mischaracterizes testimony.
THE WITNESS: That's at Chestnut and McKinley?
MR. MASSEY: Correct.
THE WITNESS: Yes. We still own it; mm-hmm.
MR. MASSEY: Q. And 4594 East Tulare, which is
Tulare and Maple, that is a station that you owned and
that was branded ARCO?
MR. FINSTEN: Same objections.
THE WITNESS: We owned it -- we built it and
then sold it, I believe, in 1984 or '85.
MR. MASSEY: Q. And 4205 East Butler was an
ARCO station that you owned at one time; is that
correct?
MR. FINSTEN: Objection; assumes facts -THE WITNESS: No, we never owned -MR. FINSTEN: -- mischaracterizes past
testimony.
THE WITNESS: We supplied gasoline there, and
sometime in -- in the '80's for a short time, then it
was supplied, as I remember, by another distributor of
some kind. Not ARCO. Or it could have been ARCO, could
have been Beacon. I don't know what it was.
MR. MASSEY: Q. Okay. And when you are saying

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Deposition of Dan Martin

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March 23, 2011
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MR. FINSTEN: Again, no more Merced.
MR. MASSEY: You have made your objection,
Counsel.
MR. FINSTEN: Yeah. Well, the counsel in the
case that aren't here to object don't appreciate this.
This is unethical behavior.
I am going to ask the court reporter to mark
the transcript every time counsel utters the word
"Merced."
MR. MASSEY: Let's go off the record.
THE VIDEOGRAPHER: Going off the record at
12:38 p.m.
(Discussion held off the record)
THE VIDEOGRAPHER: Back on the record at
12:40 p.m.
MR. MASSEY: Q. Okay. What's next on your
list?
A. 4514 West Shaw Avenue, Fresno.
MR. PATTON: I am going to make one objection.
This is off of the designated issues of this, and so it
did not provide counsel with an opportunity to prepare
for stations that were identified that are not on the
list.
MR. MASSEY: And I will just note for the
record that this is a deposition of Mr. Martin as an

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Miller, Axline & Sawyer to notice a deposition in one
case and ask questions about another case where counsel
in the other case have not been appraised of the
deposition. It is completely inappropriate, and I -- I
would imagine it is a violation of the ethical rules.
If counsel continues to do so, he is on notice
that the defense group in Merced, I am sure, will move
for sanctions.
So continue if you will, but this is not
ethical.
(Portion of the record stricken by
stipulation of counsel)
MR. MASSEY: Q. What's next on your list?
A. Well, the list I have been going -- referring
to here is a list that is leased to Valero at this
point.
Now, there's other stations that we own that
are leased to Valero. I don't have that -- or owned at
one time and leased to Valero.
Q. This is just a list of stations that you
currently own; is that correct?
A. Actually, it is a partial list that we
currently own.
Q. Okay. But it is your understanding that the
stations on that list are stations that are currently

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individual, not a PMQ, so the topics are superfluous.
Q. And you still own that station?
A. Yes.
Q. And is it an ARCO-branded station?
A. Yes.
Q. And how long has it been an ARCO-branded
station?
A. Oh, since we built it. That was built about
1984, I believe.
Q. What's next on your list?
A. Well, the -- this -- you want to talk about
Merced?
Q. Yep.
A. 19 -MR. FINSTEN: Off the record.
MR. MASSEY: Let's go off the record.
THE VIDEOGRAPHER: Going off record at
12:41 p.m.
(Discussion held off the record)
THE VIDEOGRAPHER: Back on the record at
12:42 p.m.
MR. FINSTEN: I have one brief statement and
then if counsel wants to continue questioning about
Merced, he does so at his own risk.
But this is absolutely unethical behavior by

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owned by Martin Oil?
A. Either were or have been sold since this list
was made.
Q. The ones that you just read off from that list
that we just discussed, are those all of the stations
that, as you understand it, are currently owned by
Martin Oil?
A. No, not all of them are currently owned by
Martin Oil.
Q. Okay. Which ones are the ones we talked about,
from that list or not?
A. That are currently owned by Martin Oil are
1216 Clovis; 1975 East Childs; 1625 North Chestnut;
4001 North Marks; 1500 West Whitesbridge, Kerman; and
4514 West Shaw.
Q. Are there any that are not -- that you haven't
read off that are on that list in Fresno?
A. Not currently owned by Martin Oil, no.
Q. Okay. Are there any others that are on that
list that are in Fresno that we haven't talked about
that were owned sometime in the past by Martin Oil?
A. They are not on this list. There's several
that were owned by Martin Oil and then sold at some
point.
Q. Do you recall the addresses of the -- or the

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Deposition of Dan Martin

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March 23, 2011
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cross streets of those?
A. First and Gettysburg, Fresno. I think that's
the only one in Fresno that we sold. There's some in
other cities.
MR. MASSEY: Okay. Let's proceed on and we
will clarify as best we can what you know about the
stations that we have talked about so far.
I am going to go ahead and mark as Exhibit 2 a
purchase agreement between Beacon Oil Company and Martin
Oil, dated November 29th, 1984.
THE WITNESS: Okay.
MR. MASSEY: Let's go off the record.
THE VIDEOGRAPHER: Going off the record at
12:47 p.m.
(Discussion held off the record)
(Deposition Exhibit 2A-2B marked
for identification)
THE VIDEOGRAPHER: Back on the record at
12:55 p.m.
MR. MASSEY: Okay. We have marked as
Exhibit 2A a document titled "Purchase Agreement" dated
November 29th 1984. And this document has five pages to
it.
And we have marked as Exhibit 2B a document
that says "ARCO Petroleum Products Company" at the top.

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the agreement, but -Q. Do you see paragraph one of the purchase
agreement?
A. I -- I believe it is, yes. Yeah.
Q. Okay. And paragraph one references the, quote,
branded distributor dash gasoline agreement, unquote,
which is the same name as what we have marked as
Exhibit 2B; is that correct?
A. Yes.
Q. Okay. So at this point in time, which was
November of 1984, you sold your rights to distribute
ARCO gasoline to Beacon Oil Company; is that correct?
A. Yes.
Q. Okay. Was anything else, other than Martin
Oil's rights, interests, and obligations under the
distributor agreement with ARCO, sold as part of this
transaction?
A. Repeat that again.
Q. Did Martin Oil sell anything in addition to its
rights under this distributor agreement?
A. We sold Beacon Oil Company our trucks and our
gas agreement. I believe that's all.
Q. Okay. When you say trucks, were they tanker
trucks that deliver gasoline?
A. Tanker trucks, yes.

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And it is called a branded distributor, dash, gasoline
agreement. This document is six pages, and does not
have a date on the first page and does not have
signatures on the -- on the last page.
Q. What we have marked as Exhibit 2A, the purchase
agreement, is this the agreement by which Martin Oil
sold its rights, obligations, and interests, under the
franchise agreement that we have marked as 2B, to Beacon
Oil?
MR. PATTON: Objection; lacks foundation.
THE WITNESS: Yes, it is.
MR. MASSEY: Q. Okay. And is that your
signature on the signature page of the purchase
agreement that we have marked as Exhibit 2A?
A. Yes.
Q. All right. And is that your handwriting
indicating that your home address is listed for Martin
Oil?
A. That is my home address, right, at the time.
Q. Okay. And is this a true and correct copy of
this purchase agreement?
A. Yes.
Q. Okay. What we have marked as 2B, is this
Exhibit A to the purchase agreement?
A. You know, I am not sure if that's Exhibit A to

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Q. Approximately how many of them were there, if
you recall?
A. I think there was three that they bought.
Q. Do you recall at this point in 1984
approximately how many gas stations Martin Oil owned?
A. In Fresno, probably ten, thereabouts.
Q. Okay. And have we talked about all of those
already?
A. Yes.
Q. And they were ARCO-branded stations selling
ARCO gasoline at the time of this agreement?
A. We didn't sell them the stations, we leased
them the stations, yeah.
Q. Were they ARCO branded at the time of this
agreement?
MR. FINSTEN: Objection; calls for speculation,
lacks foundation, leading.
THE WITNESS: We just leased the ARCO-branded
stations to Beacon.
MR. MASSEY: Q. My question is slightly
different. I am just trying to set down the basic fact
that at the time of this sale of the trucks and the
distributor agreement to Beacon, Martin Oil owned a
number of stations. My question is whether those
stations were branded ARCO at that time?

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MR. FINSTEN: Same objections.
THE WITNESS: I think all of the stations we
supplied gas to were branded ARCO.
MR. MASSEY: Q. Including the approximately
ten that Martin Oil owned at this time?
A. Yes.
Q. And then after the sale to Beacon, you leased
those stations to Beacon so that Beacon could operate
them?
A. Let's see. There was a station or two they
didn't want, and they didn't lease them, the ones they
didn't want. They were in conflict maybe with a Beacon
station or weren't up to standards that they wanted.
They wanted a certain image.
Q. Okay. And if we can go back to Exhibit 1
briefly, and if you could point out to me which on this
list were owned by Martin Oil at the time of the
agreement, then we can establish clearly what that
universe of stations was.
A. What list do I have that shows all of the
stations we owned?
Q. The list that we gave you. So it may not be
all of the stations that you owned.
A. Oh.
MR. FINSTEN: Wait a minute. Are you referring

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A. Again, I -- I need to have the cross street.
This list don't show the cross street.
Q. Okay. Let me see if I can go back to the notes
that I just made.
MR. FINSTEN: All right. I am going to object
again. All of this calls for speculation and is going
to require, again, you to make representations that are,
you know, assuming facts that are not in evidence. You
know, the witness has told you he doesn't recognize the
addresses, you can tell him whatever cross street you
want. That doesn't change the fact that it is not in
evidence, and the whole line of questioning is
speculative.
So go through them again, because I know you
will.
MR. MASSEY: Q. Chestnut and McKinley.
A. That's one of our stations branded ARCO.
Q. Right.
MR. FINSTEN: What's the address, for those of
us that don't know your cross street, Justin?
MR. MASSEY: It is 1625 North Chestnut.
Q. And at the time, in 1984, of this agreement
with Beacon, was that a Martin Oil-owned station?
A. Yes.
Q. How about First and Gettysburg in Fresno? That

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to something other than the deposition notice?
MR. MASSEY: No. I am referring to the
deposition notice.
MS. JONES-ROY: Hi, this is Whitney Jones-Roy
joining the deposition. I understand that there's been
questioning about Merced, even though this is a Fresno
case, and I just want to state my objection on the
record now that it is inappropriate.
MR. MASSEY: Go ahead.
MS. JONES-ROY: No, that's my objection. It is
inappropriate. This is a City of Fresno case, and to
the extent you are questioning about the City of Merced
case, it is inappropriate. We were not given notice of
this.
MR. FINSTEN: He doesn't seem to care.
MS. JONES-ROY: I understand.
Justin, you can do whatever you want. I am
just saying it is wholly inappropriate.
MR. MASSEY: Okay. Your objection is noted.
Q. This is the list right here.
A. Okay. Repeat your question again now.
Q. At the time of the sale of the distributor
agreement to Beacon in 1984, can you recall which of
those stations on that list, if any, were owned by
Martin Oil?

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one is not on our list but that was one that you
indicated was owned -A. That was owned by Martin Oil and branded ARCO.
Q. In 1984?
A. Yes.
Q. How about 4594 East Tulare, which is Tulare and
Maple?
MR. FINSTEN: Same objection.
THE WITNESS: That is branded ARCO and was
owned by Martin Oil, yes.
MR. MASSEY: Q. And 2394 South Elm, which was
Elm and Church.
A. That was owned by Martin Oil and branded ARCO,
yes.
Q. And 4001 North Marks Avenue.
A. Yes. That's branded ARCO, owned by Martin Oil.
Not the land, just the improvements.
Q. And that was owned by Martin Oil in 1984?
A. Yes.
Q. And 4514 West Shaw Avenue in Fresno?
A. That's owned by Martin Oil. I -- at the time
of this agreement, I don't think that station was
completed. It wasn't in operation in the latter part
of '84.
Q. Do you recall whether it was under construction

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at that time?
A. Under construction, I believe.
Q. Okay. And do you recall if any of the stations
on the list that we have just now talked about were ones
that Beacon did not lease from Martin Oil starting in
1984?
MR. PATTON: Objection; calls for speculation.
THE WITNESS: I believe you have covered them
all, as far as I can tell. 1216 Clovis.
MR. MASSEY: Q. We'll leave those aside for
now.
A. Okay.
Q. Just the ones from Fresno.
A. Chestnut, Marks, Shaw. I think that covers it.
Q. Okay. And my question was if you can recall
which ones of those Beacon Oil did not lease following
the purchase agreement in 1984?
MR. PATTON: Objection; lacks foundation, calls
for speculation.
THE WITNESS: I don't -- the best I can recall,
they leased everything that we had that we operated and
that were all branded ARCO. I think Beacon leased all
of them.
MR. MASSEY: Okay. Exhibit 3 is a fax on
Martin Oil letterhead. This has the Bates number

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A. Yeah.
Q. Which are all in Fresno.
Is the distributor that you are thinking of
that you think owned the station at this point in time
El Monte Gas Company?
MR. FINSTEN: Objection; leading, calls for
speculation.
MR. MASSEY: You may answer.
THE WITNESS: Yeah, 4594 East Tulare, we sold
that to El Monte Gas Company, and I believe it was
branded ARCO and still branded ARCO, and I believe
Beacon -- I am going to take that back. We leased it to
Beacon, they gave it up, and then we sold it to El Monte
Gas Company and they operated for a while and then they
sold it to somebody else. I don't know who. I think it
is still there on the property and I think it is still
branded ARCO, as far as I know. Anything after '85 or
during '85, I -- I just can't remember because we sold
the business. We were out of business.
MR. MASSEY: Let's see if some documents will
help us understand the timeline for that particular
station, 4594 East Tulare. Exhibit 4 is an
environmental health application which is dated
March 28th, '92. FCDEH-FRESNO 026 -- 020620 through
020622.

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FCDEH-FRESNO, page 8274.
(Deposition Exhibit 3 marked for
identification)
MR. MASSEY: Q. Go ahead and take a look at
that, see if that refreshes your recollection.
A. Yeah, that looks right.
Q. And for the record, this fax is dated
June 22nd, 1994.
A. Yes.
Q. Okay. So as of this point in time, it was your
understanding that the station at 4594 East Tulare in
Fresno was leased to Beacon?
A. Before of '94, it was, yes.
Q. And as of this time in '94 when this fax was
sent, was it also leased to Beacon?
A. In '94, I don't think we owned that anymore.
We sold that to another distributor, and I don't know
what -- he -- I think he operated it for himself for a
while and then he sold it to somebody.
Q. So you don't recall this being a station owned
by Martin Oil and leased to Beacon in 1994?
A. Well, our out-of-town stations, I -- we leased
those to Beacon. But they are Merced, Oakhurst, Kerman,
were all leased to Beacon in '84.
Q. I am focused on the last four on this exhibit.

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(Deposition Exhibit 4 marked for
identification)
MR. MASSEY: Q. Have you seen this document
before?
A. No.
Q. Okay. Do you see down about three-quarters of
the way, there is a line titled "Comments," and then it
says, "See notice of change," dated 3/12/85?
A. Yes. Mm-hmm.
Q. Okay. And it lists the business owner about a
quarter of the way down the page as Ultramar, Inc.
Do you see that?
A. Where do you see that? Over here?
Q. (Indicates)
A. Oh, yes, that sounds about right.
Q. Okay. The notice of change from March 12th,
'85, that's referenced here, does that refresh your
recollection that this is one of the stations that
Martin Oil leased to Beacon Oil starting on that date?
MR. PATTON: Objection; calls for speculation,
lacks foundation.
THE WITNESS: That sounds right. I think, to
clarify that, we built the station and we operated it,
and then we leased it to Beacon and they had some
problems with robbery, so they said, "We don't want to

13 (Pages 49 to 52)
DEPOBOOK REPORTING SERVICES, LLC [phone]

Deposition of Dan Martin

/

March 23, 2011
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lease it anymore."
I said, "Well, give it back and we will sell
it."
So then I sold it to El Monte Gas Company and
they continued to operate it, and then they sold it to
somebody else.
MR. MASSEY: Okay. Let's look at Exhibit 5,
which is an underground storage tank permit application,
RWQCB-FRESNO 17131 to 17140.
(Deposition Exhibit 5 marked for
identification)
MR. MASSEY: And this document is dated
11/12/92, or November 12th, 1992.
Q. Have you seen this document before?
A. No.
Q. Okay. Do you see where it indicates the
property owner is Martin Oil Company of Fresno?
A. Yes.
Q. Okay. And written in above it, it says "Tank
property owner information."
Do you see that?
A. Yes. Mm-hmm.
Q. And then in the next section down, it says
"Tank owner information," but owner is crossed out and
it says "Tank operator information," it lists Ultramar.

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MR. MASSEY: Let me see if I can piece together
the timeline.
But before I do that, let me mark as Exhibit 6
a letter on Beacon letterhead without a date. And the
page number is FCDEH-FRESNO, page 21049.
(Deposition Exhibit 6 marked for
identification)
THE WITNESS: Okay.
MR. MASSEY: Q. Okay. Did you get a letter
like this announcing that Beacon Oil had changed its
name to Ultramar, Inc.?
A. I -- I don't -- I don't remember whether we did
or not.
Q. Okay. Did Beacon change its name over the
years?
A. Yes.
Q. Okay. What are -- what is the other name it
changed to, or other names if there has been more than
one?
A. I believe they either merged or sold to Diamond
Shamrock, and then at some point later sold to Valero.
Q. And did Beacon also change its name to
Ultramar, as far as you know?
MR. PATTON: Objection; calls for speculation.
THE WITNESS: I -- I don't know whether they --

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Do you see that?
A. Yes. Mm-hmm.
Q. All right. Does this refresh your recollection
that Martin Oil, as of November 1992, owned the property
and the underground storage tanks and that Ultramar or
Beacon was operating the station?
MR. PATTON: Objection; compound, calls for
speculation, lacks foundation.
MR. FINSTEN: Leading.
MR. MASSEY: You may answer.
THE WITNESS: After -- I believe in '83 or '84,
we were out of that station, and Beacon, I believe,
continued to supply the gas to it but the owner was
El Monte Gas Company.
MR. MASSEY: Q. Was there a period of time
after 1984 where Martin Oil Company owned the property
and the tanks and -A. Well, we owned it and -Q. -- Beacon operated it?
A. -- we sold it on a contract of sale to El Monte
Gas, and they operated it. And as long as they kept
their payments up, we still owned it until they had it
paid off. I -- I really don't know what happened to it
after '84 because we weren't involved in the gasoline
business, so --

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I don't know that we ever dealt with Ultramar. We dealt
with Beacon and then through the years to Valero. I
don't remember the dates. I -- I just don't know. As
long as we got the rent, we didn't care what the name
was.
MR. MASSEY: Q. So over the years, the company
you dealt with who leased the stations from you went by
the name Beacon, sometimes Diamond Shamrock, sometimes
Valero, but as far as you knew, it was all the same
company?
MR. FINSTEN: Objection; misstates prior
testimony, leading, compound.
THE WITNESS: Yeah, as far as -- we dealt with
Beacon, local Beacon people at the refinery in Hanford,
that's who we dealt with. Until Valero come in and then
we started dealing with Valero out of Texas, as far as
the rent goes or station modifications.
If Valero wanted to upgrade a station and -that we owned, we said: "Do whatever you want. As long
as you pay the rent, we could care less what you do."
MR. MASSEY: Q. Was it your understanding that
Valero was the same company that had prior -- previously
called itself Beacon?
MR. PATTON: Objection; asked and answered;
calls for speculation.

14 (Pages 53 to 56)
DEPOBOOK REPORTING SERVICES, LLC [phone]

Deposition of Dan Martin

/

March 23, 2011
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THE WITNESS: Yeah, they -- I understood that
they bought Beacon Oil Company -- or bought Diamond
Shamrock and bought Ultramar.
(Deposition Exhibit 7 marked for
identification)
MR. MASSEY: Okay. Let's look at Exhibit 7,
which is an underground storage tank permit application,
RWQCB-FRESNO 17087 through 17096.
THE WITNESS: Okay.
MR. MASSEY: Q. This document is dated
June 2 -- 26, 1996; is that correct?
A. Yes.
Q. All right. And it indicates that as of this
point in time, El Monte Gas was the property owner?
A. Yes.
Q. And the tank owner?
A. Yes.
Q. Okay. Does this refresh your recollection as
to when, between 1992, when Martin Oil was listed as the
tank owner and property owner, and 1996, Martin Oil sold
the station to El Monte?
A. Yes. I don't know what date we sold it to El
Monte, but -Q. But it was sometime between 1992 and 1996, as
you recall?

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Q. Okay. And it indicates on the letter that we
have marked as Exhibit 8 that Dan Martin with Martin Oil
Company has expressed that some urgency exists.
Do you recall the circumstances of what's
reported here in May of 1995?
A. We might have still held the deed on the land
at that time, because we had sold it to El Monte Gas.
And if they changed the tanks or had a problem, why it
would have been up to them to contact the geologist,
which I guess was Fugro, to do the soil assessment.
And I -- I don't have any recollection of that
or any records, nor did we get involved with that other
than the guy that was buying it from us, El Monte Gas,
if he contaminated it, we wanted to get it cleaned up
before we -- or afraid he might give it back to us.
So I would have said, "Yeah, get it done."
Q. Okay. Looking back at Exhibit 7, the station
is identified as the Tulare Street ARCO.
Is that consistent with your recollection that
it was ARCO branded in 1996?
A. I believe it was. I believe it is still
branded ARCO.
MR. FINSTEN: I am going to object again. Lack
of -- I am sorry. Leading the witness, assumes facts
not in evidence, and lack of foundation.

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A. Well, I don't think we -- in '92, I believe
El Monte Gas owned -- or was buying it from us.
Q. The only thing I have to go on is Exhibit 5,
which indicates as of November of '92, Martin Oil owned
the property or the tanks or both.
A. That could be right. But I am not sure -MR. FINSTEN: Objection; calls for speculation,
lack of personal knowledge.
THE WITNESS: They got the wrong address there.
I don't know who that is, 1404 L Street.
MR. MASSEY: Q. The address for who?
A. Says Martin Oil at 1404 L Street. That was
never our address.
Q. Okay.
(Deposition Exhibit 8 marked
for identification)
MR. MASSEY: Exhibit 8 is a document on Fugro
West letterhead, May 8th, 1995, FCDEH-FRESNO 21064
through 21073. If you could take a look at that.
Q. Have you seen this letter before?
A. I -- I don't recollect seeing it, no.
Q. Okay. Do you recall any sampling done at the
station for soil prior to 1996?
A. No, I wouldn't have any records of that.
Whoever owned it would have done that at that time.

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(Deposition Exhibit 9 marked for
identification)
MR. MASSEY: Let me show you Exhibit 9, which
is page FCDEH-FRESNO 21157.
Q. Do you recognize the names of the property
owners and tank owners listed here?
A. Well, it gots (sic) Narinder Singh. I believe
he's the man that El Monte Gas sold it to or maybe it
was Kerpal Singh Sandhu.
Q. Okay.
A. I don't know which. They are all related.
They are all East Indians.
Q. And this document is dated May 28th, 1998, for
the record.
A. Yes.
Q. Do you see that it is -- the facility is still
identified as the Tulare Street ARCO at the top?
A. Yes.
Q. Do you recognize the signature at the bottom of
the page?
A. Sandhu, no, I -- I -- I have never knew him or
had anything to do with him.
Q. Okay. If you look back at Exhibit 5, do you
know who Sandy Huff was or is?
A. No.

15 (Pages 57 to 60)
DEPOBOOK REPORTING SERVICES, LLC [phone]