On August 24, 2018 a
Trial Materials
was filed
involving a dispute between
California Homestead Association,
James E. Roberts-Obayashi Corporation,
James E. Robertsobayashi Corporation,
Mosaica 601 Homeowners Association A California,
and
Brasscraft Manufacturing, Inc.,
California Homestead Association,
Does 1 To 200,
James E. Roberts-Obayashi Corporation,
James E. Robertsobayashi Corporation,
Johnson Controls, Inc.,
Kohler Co.,
Watts Regulator Co.,
for CONSTRUCTION
in the District Court of San Francisco County.
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1 Christian P. Lucia, Esq. (SBN: 203567)
Christopher K. Karic, Esq. (SBN: 184765)
2 Gabriella A. Orozco (SBN 333500) ELECTRONICALLY
3 SELLAR HAZARD & LUCIA F I L E D
Superior Court of California,
201 N. Civic Dr., Ste. 145 County of San Francisco
4 Walnut Creek, CA 94596
03/17/2021
Telephone: (925) 938-1430 Clerk of the Court
5 Facsimile: (925) 256-7508 BY: YOLANDA TABO-RAMIREZ
Deputy Clerk
6 E-mail: clucia@sellarlaw.com;
ckaric@sellarlaw.com
7 gorozco@sellarlaw.com
8 Attorneys for Defendants
CALIFORNIA HOMESTEAD ASSOCIATION and
9 JAMES E. ROBERTS-OBAYASHI CORPORATION
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN FRANCISCO
12 MOSAICA 601 HOMEOWNERS Case No.: CGC-18-569168
13 ASSOCIATION, a California nonprofit,
mutual benefit corporation, on behalf of itself,
TRIAL WITNESS LIST OF
14 and of the extent alleged herein, on behalf of
DEFENDANTS CALIFORNIA
its members,
15 HOMESTEAD ASSOCIATION AND
Plaintiff,
JAMES E. ROBERTS-OBAYASHI
16
v.
Date: March 22, 2021
17
Time: 9:00 a.m.
CALIFORNIA HOMESTEAD
18 Dept. 206
ASSOCIATION, JAMES E. ROBERTS-
19 OBAYASHI CORPORATION; and DOES 1
through 200, inclusive,
Complaint filed: August 24, 2018
20
Defendants.
21 Trial Date: March 22, 2021
22
23 Defendants CALIFORNIA HOMESTEAD ASSOCIATION and JAMES E. ROBERTS-
24 OBAYASHI hereby submit this list of witnesses they may call to testify at the time of trial:
25 Percipient Witnesses:
26
1. Scott Smith
27
28
1
DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI
CORPORATION’S MOTION IN LIMINE ____
Case No. CGC-18-569168
1 a. Scope of Testimony: President of James E. Roberts Obayashi Corporation
2 (“JERO”) and he will testify regarding all contract issues as between JERO and
3 others, will testify to JERO’s work on the project.
4 b. Time Estimate for Direct: 4-6 hours
5
2. Armand Kilijian
6
a. Scope of Testimony: Mr. Kilijian is the President of O’Brien Mechanical. He
7
will testify as to the scope of O’Brien’s work at the project and its contracts with
8
other parties.
9
b. Time Estimate for Direct: 4-6 hours
10
3. Maria Chadwick
11
a. Scope of Testimony: Chadwick was a property manager at the property and will
12
testify as to the leaks and repairs at the building.
13
b. Time Estimate for Direct: 4-6 hours
14
15 4. Iasha Robinson
16 a. Scope of Testimony: Robinson was a property manager at the property and will
17 testify as to the leaks and repairs at the building.
18 b. Time Estimate for Direct: 4-6 hours
19 5. Shajid Shabeer
20 a. Scope of Testimony: Shabeer was a property manager at the property and will
21 testify as to the leaks and repairs at the building.
22 b. Time Estimate for Direct: 4-6 hours
23 6. Craig Pittman
24 a. Scope of Testimony: Pittman was a property manager at the property and will
25
testify as to the leaks and repairs at the building.
26
b. Time Estimate for Direct: 4-6 hours
27
Persons Most Knowledgeable
28
2
DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI
CORPORATION’S MOTION IN LIMINE ____
Case No. CGC-18-569168
1 1. PMK for BrassCraft Manufacturing Co.
2 a. Scope of Testimony: Will testify with regard to the angle stop products and the
3 installation.
4 b. Time Estimate for Direct: 1 hour
5
2. PMK for Johnson Controls, Inc.
6
a. Scope of Testimony: Will testify with regard to the Grinnell couplings and
7
butterfly valves and sale of the same.
8
b. Time Estimate for Direct: 30-45 minutes
9
3. PMK for Watts Regulator Co.
10
a. Scope of Testimony: Will testify with regard to the Watts backflow pump
11
preventer and sale of the same.
12
b. Time Estimate for Direct: 30-45 minutes
13
4. PMK for Kohler Co.
14
15 a. Scope of Testimony: Will testify with regard to the kitchen, lavatory faucets and
16 shower and tub valves and sale of the same.
17 b. Time Estimate for Direct: 30-45 minutes
18 5. PMK for San Francisco Public Utilities Commission:
19 a. Scope of Testimony: Will testify with respect to the use of chloramines in the
20 water supply in San Francisco.
21 b. Time Estimate for Direct: 1-2 hours
22 6. PMK for United Engineers San Francisco
23 a. Scope of Testimony: Will testify with respect to the stamping of plans and
24 engineering and mechanical work, and selection of products on the project.
25
b. Time Estimate for Direct: 4-6 hours
26
Expert Witnesses
27
1. Michael Ragland
28
3
DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI
CORPORATION’S MOTION IN LIMINE ____
Case No. CGC-18-569168
1 a. Scope of Testimony: Will testify with respect to the alleged plumbing defect
2 claims, and the scope and cost of repair with respect to the alleged defects.
3 b. Time Estimate for Direct: 4-6 hours
4 2. Tim Fitzpatrick
5
a. Scope of Testimony: Mr. Fitzpatrick is a professional estimator who will testify
6
to construction costs, repair costs, methods of repair, pricing, coordination and
7
scheduling of construction work.
8
b. Time Estimate for Direct: 4-6 hours
9
3. Dirk Duffner
10
a. Scope of Testimony: Mr. Duffner is a mechanical engineer who will address the
11
claims relating to plumbing and mechanical systems.
12
b. Time Estimate for Direct: 4-6 hours
13
4. David G. Howitt
14
15 a. Scope of Testimony: Mr. Howitt will testify as to materials and alleged defects
16 with respect to the manufactured products.
17 b. Time Estimate for Direct: 4-6 hours
18
19 Defendants California Homestead Association and James E. Roberts-Obayashi reserves the
20 right to call any witness listed on any other parties’ witness lists. Defendants reserve the right
21 to call any rebuttal witnesses not previously identified on any party’s witness list. Defendants
22 reserve the right to supplement and/or amend this witness list up to and including at the time of
23 the trial.
24 Date: March 17, 2021 SELLAR HAZARD & LUCIA
25
Christopher K. Karic
__________________________________
26 CHRISTOPHER K. KARIC
Attorneys for Defendants
27
28
4
DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI
CORPORATION’S MOTION IN LIMINE ____
Case No. CGC-18-569168
Document Filed Date
March 17, 2021
Case Filing Date
August 24, 2018
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1 Christian P. Lucia, Esq. (SBN: 203567) Christopher K. Karic, Esq. (SBN: 184765) 2 Gabriella A. Orozco (SBN 333500) ELECTRONICALLY 3 SELLAR HAZARD & LUCIA F I L E D Superior Court of California, 201 N. Civic Dr., Ste. 145 County of San Francisco 4 Walnut Creek, CA 94596 03/17/2021 Telephone: (925) 938-1430 Clerk of the Court 5 Facsimile: (925) 256-7508 BY: YOLANDA TABO-RAMIREZ Deputy Clerk 6 E-mail: clucia@sellarlaw.com; ckaric@sellarlaw.com 7 gorozco@sellarlaw.com 8 Attorneys for Defendants CALIFORNIA HOMESTEAD ASSOCIATION and 9 JAMES E. ROBERTS-OBAYASHI CORPORATION 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN FRANCISCO 12 MOSAICA 601 HOMEOWNERS Case No.: CGC-18-569168 13 ASSOCIATION, a California nonprofit, mutual benefit corporation, on behalf of itself, TRIAL WITNESS LIST OF 14 and of the extent alleged herein, on behalf of DEFENDANTS CALIFORNIA its members, 15 HOMESTEAD ASSOCIATION AND Plaintiff, JAMES E. ROBERTS-OBAYASHI 16 v. Date: March 22, 2021 17 Time: 9:00 a.m. CALIFORNIA HOMESTEAD 18 Dept. 206 ASSOCIATION, JAMES E. ROBERTS- 19 OBAYASHI CORPORATION; and DOES 1 through 200, inclusive, Complaint filed: August 24, 2018 20 Defendants. 21 Trial Date: March 22, 2021 22 23 Defendants CALIFORNIA HOMESTEAD ASSOCIATION and JAMES E. ROBERTS- 24 OBAYASHI hereby submit this list of witnesses they may call to testify at the time of trial: 25 Percipient Witnesses: 26 1. Scott Smith 27 28 1 DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI CORPORATION’S MOTION IN LIMINE ____ Case No. CGC-18-569168 1 a. Scope of Testimony: President of James E. Roberts Obayashi Corporation 2 (“JERO”) and he will testify regarding all contract issues as between JERO and 3 others, will testify to JERO’s work on the project. 4 b. Time Estimate for Direct: 4-6 hours 5 2. Armand Kilijian 6 a. Scope of Testimony: Mr. Kilijian is the President of O’Brien Mechanical. He 7 will testify as to the scope of O’Brien’s work at the project and its contracts with 8 other parties. 9 b. Time Estimate for Direct: 4-6 hours 10 3. Maria Chadwick 11 a. Scope of Testimony: Chadwick was a property manager at the property and will 12 testify as to the leaks and repairs at the building. 13 b. Time Estimate for Direct: 4-6 hours 14 15 4. Iasha Robinson 16 a. Scope of Testimony: Robinson was a property manager at the property and will 17 testify as to the leaks and repairs at the building. 18 b. Time Estimate for Direct: 4-6 hours 19 5. Shajid Shabeer 20 a. Scope of Testimony: Shabeer was a property manager at the property and will 21 testify as to the leaks and repairs at the building. 22 b. Time Estimate for Direct: 4-6 hours 23 6. Craig Pittman 24 a. Scope of Testimony: Pittman was a property manager at the property and will 25 testify as to the leaks and repairs at the building. 26 b. Time Estimate for Direct: 4-6 hours 27 Persons Most Knowledgeable 28 2 DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI CORPORATION’S MOTION IN LIMINE ____ Case No. CGC-18-569168 1 1. PMK for BrassCraft Manufacturing Co. 2 a. Scope of Testimony: Will testify with regard to the angle stop products and the 3 installation. 4 b. Time Estimate for Direct: 1 hour 5 2. PMK for Johnson Controls, Inc. 6 a. Scope of Testimony: Will testify with regard to the Grinnell couplings and 7 butterfly valves and sale of the same. 8 b. Time Estimate for Direct: 30-45 minutes 9 3. PMK for Watts Regulator Co. 10 a. Scope of Testimony: Will testify with regard to the Watts backflow pump 11 preventer and sale of the same. 12 b. Time Estimate for Direct: 30-45 minutes 13 4. PMK for Kohler Co. 14 15 a. Scope of Testimony: Will testify with regard to the kitchen, lavatory faucets and 16 shower and tub valves and sale of the same. 17 b. Time Estimate for Direct: 30-45 minutes 18 5. PMK for San Francisco Public Utilities Commission: 19 a. Scope of Testimony: Will testify with respect to the use of chloramines in the 20 water supply in San Francisco. 21 b. Time Estimate for Direct: 1-2 hours 22 6. PMK for United Engineers San Francisco 23 a. Scope of Testimony: Will testify with respect to the stamping of plans and 24 engineering and mechanical work, and selection of products on the project. 25 b. Time Estimate for Direct: 4-6 hours 26 Expert Witnesses 27 1. Michael Ragland 28 3 DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI CORPORATION’S MOTION IN LIMINE ____ Case No. CGC-18-569168 1 a. Scope of Testimony: Will testify with respect to the alleged plumbing defect 2 claims, and the scope and cost of repair with respect to the alleged defects. 3 b. Time Estimate for Direct: 4-6 hours 4 2. Tim Fitzpatrick 5 a. Scope of Testimony: Mr. Fitzpatrick is a professional estimator who will testify 6 to construction costs, repair costs, methods of repair, pricing, coordination and 7 scheduling of construction work. 8 b. Time Estimate for Direct: 4-6 hours 9 3. Dirk Duffner 10 a. Scope of Testimony: Mr. Duffner is a mechanical engineer who will address the 11 claims relating to plumbing and mechanical systems. 12 b. Time Estimate for Direct: 4-6 hours 13 4. David G. Howitt 14 15 a. Scope of Testimony: Mr. Howitt will testify as to materials and alleged defects 16 with respect to the manufactured products. 17 b. Time Estimate for Direct: 4-6 hours 18 19 Defendants California Homestead Association and James E. Roberts-Obayashi reserves the 20 right to call any witness listed on any other parties’ witness lists. Defendants reserve the right 21 to call any rebuttal witnesses not previously identified on any party’s witness list. Defendants 22 reserve the right to supplement and/or amend this witness list up to and including at the time of 23 the trial. 24 Date: March 17, 2021 SELLAR HAZARD & LUCIA 25 Christopher K. Karic __________________________________ 26 CHRISTOPHER K. KARIC Attorneys for Defendants 27 28 4 DEFENDANT CALIFORNIA HOMESTEAD ASSOCIATION AND JAMES E. ROBERTS-OBAYASHI CORPORATION’S MOTION IN LIMINE ____ Case No. CGC-18-569168