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1 RANDOLPH E. DAAR (SBN 88195)
BEN ROSENFELD (SBN 203845)
2 PIER 5 LAW OFFICES ELECTRONICALLY
3 3330 Geary Blvd., 3rd Floor East F I L E D
San Francisco, CA 94118 Superior Court of California,
County of San Francisco
4 Tel: (415) 986-5591
Fax: (415) 421-1331 02/07/2022
Clerk of the Court
5 randolphdaar@yahoo.com BY: EDNALEEN ALEGRE
ben.rosenfeld@comcast.net Deputy Clerk
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7 Attorneys for Plaintiff Synergy Project Management, Inc.
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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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LAW OFFICE OF BEN ROSENFELD
SYNERGY PROJECT MANAGEMENT, Case Nos. CGC-17-560034
12 INC., Plaintiff, and CGC-19-576488, consolidated.
San Francisco, Ca
13 v. PLAINTIFF SYNERGY’S NOTICE OF
ERRATA IN MOTION FOR LEAVE TO
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CITY AND COUNTY OF SAN FRANCISCO, FILE FOURTH AMENDED COMPLAINT
15 LONDON BREED, MOHAMMED NURU,
Defendants. Date: February 25, 2022
16 ______________________________________ Time: 9:30 am.
Dept.: 302
17 GHILOTTI BROS., INC., Plaintiff,
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v.
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SYNERGY PROJECT MANAGEMENT,
20 INC., a California Corporation, DOES 1-30,
Defendants.
21 ______________________________________
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SYNERGY PROJECT MANAGEMENT,
23 Cross-Complainant,
24 v.
25 GHILOTTI BROS, INC., ROES 1-20,
26 Cross-Defendants.
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P LAINTIFF S YNERGY ’ S N OTICE OF E RRATA IN M OTION FOR L EAVE TO A MEND C ASE No. CGC-17-560034
1 Motion for Leave to Amend:
2 Plaintiff Synergy’s Motion for Leave to File a Fourth Amended Complaint, filed on
3 January 31, 2022, should be corrected as follows:
4 The following sentence, at page 13, lines 11-14, which reads:
5 The disclosures reveal, inter alia, how Nuru accepted bribes from his “Family
6 friend,” contractor AzulWorks, in exchange for helping Azul Works unjustifiably
win, and grossly overcharge the City for, work previously assigned to Synergy on
7 the Van Ness Project.
8 should be amended to read:
9 The disclosures reveal, inter alia, how Nuru accepted bribes from his “Family
friend,” contractor Azul Works, in exchange for helping Azul Works unjustifiably
10 win, and grossly overcharge the City for, sidewalk construction on Van Ness
11 Street within the area Synergy had been hired to perform sidewalk construction.
LAW OFFICE OF BEN ROSENFELD
Proposed Fourth Amended Complaint:
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In addition, Synergy’s proposed Fourth Amended Complaint, attached as Exhibit A to its
San Francisco, Ca
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Motion, should be corrected as follows:
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The sentence, at paragraph 133, lines 23-24, which reads:
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16 On information and belief, Kelly, through his position as SFPUC general
manager, also ordered Azul Works’ replacement of Synergy on the project.
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should be replaced by the following sentences:
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On information and belief, the SFMTA took steps to replace Synergy at the
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direction of Kelly and the SFPUC. When confronted with Kelly’s intervention to
20 remove Synergy from the Van Ness Project, the City falsely claimed that Kelly
and the SFPUC played no role in Synergy’s removal, because the Van Ness
21 Project was an SFMTA project.
22 And paragraph 134, which reads:
23 Walsh is a limited liability corporation based in Chicago Illinois. On information
and belief, Synergy alleges that at all times relevant, Walsh’s Northern California
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operations, including the Van Ness Project, were overseen by J. William
25 Heathcott, Vice President, also based in Chicago. NURU and KELLY intended
and caused their communications (1) falsely asserting that Synergy’s bid for the
26 Van Ness Project was too high, (2) awarding Synergy’s work to Azulworks based
on Azulworks’ unqualified proposal; and (3) securing payment to Azulworks on
27 the Van Ness contract to be communicated to Walsh Construction in Chicago.
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P LAINTIFF S YNERGY ’ S N OTICE OF E RRATA IN M OTION FOR L EAVE TO A MEND C ASE No. CGC-17-560034
1 Should be amended to read:
2 Walsh is a limited liability corporation based in Chicago Illinois. On information
3 and belief, Synergy alleges that at all times relevant, Walsh’s Northern California
operations, including the Van Ness Project, were overseen by J. William
4 Heathcott, Vice President, also based in Chicago. NURU and KELLY intended
and caused their communications (1) falsely asserting that Synergy’s bid for the
5 Van Ness Project was too high, (2) directing the rebid of Synergy’s work to other
contractors and (3) awarding Synergy’s work to other contractors, to be
6 communicated to Walsh Construction in Chicago.
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8 Respectfully Submitted,
9 RANDOLPH E. DAAR
BEN ROSENFELD
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LAW OFFICE OF BEN ROSENFELD
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Dated: February 7, 2022 By: Ben Rosenfeld
San Francisco, Ca
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P LAINTIFF S YNERGY ’ S N OTICE OF E RRATA IN M OTION FOR L EAVE TO A MEND C ASE No. CGC-17-560034
PROOF OF SERVICE
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2 I, the undersigned, hereby declare and state that I am over the age of 18, employed in the
City of San Francisco, California, and not a party to the within action. My business address is
3 115 ½ Bartlett Street, San Francisco, CA 94110.
4 On the date(s) set forth below, I caused or will cause the following document(s)
5 PLAINTIFF SYNERGY’S NOTICE OF ERRATA IN MOTION FOR LEAVE
6 TO FILE FOURTH AMENDED COMPLAINT
7 to be served via the following methods, on the following recipients:
8 X Electronic Service (via File&ServeXpress)
___ U.S.P.S. First Class or Priority Mail
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___ U.S.P.S. Express Mail
10 ___ Personal Delivery
___ Facsimile
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LAW OFFICE OF BEN ROSENFELD
Jaime Huling Delaye, DCA James Diwik, Esq.
12 Ari A. Baruth, DCA Ryan Lewis, Esq.
San Francisco City Attorney’s Office troutman pepper
San Francisco, Ca
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1390 Market Street, 7th Floor Three Embarcadero Center, Suite 800
14 San Francisco, CA 94102 San Francisco, CA 94111
Jaime.HulingDelaye@sfcityatty.org James.Diwik@troutman.com
15 Ari.Baruth@sfcityatty.org Ryan.Lewis@troutman.com
Attorneys for City Defendants Attorneys for Defendant Ghilotti Bros., Inc
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17 I declare under penalty of perjury under the laws of the State of California that the
18 foregoing is true and correct. Executed on February 7, 2022, at San Francisco, California.
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22 Ben Rosenfeld, Attorney
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P ROOF OF S ERVICE C ASE No. CGC-17-560034
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1 RANDOLPH E. DAAR (SBN 88195) BEN ROSENFELD (SBN 203845) 2 PIER 5 LAW OFFICES ELECTRONICALLY 3 3330 Geary Blvd., 3rd Floor East F I L E D San Francisco, CA 94118 Superior Court of California, County of San Francisco 4 Tel: (415) 986-5591 Fax: (415) 421-1331 02/07/2022 Clerk of the Court 5 randolphdaar@yahoo.com BY: EDNALEEN ALEGRE ben.rosenfeld@comcast.net Deputy Clerk 6 7 Attorneys for Plaintiff Synergy Project Management, Inc. 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 LAW OFFICE OF BEN ROSENFELD SYNERGY PROJECT MANAGEMENT, Case Nos. CGC-17-560034 12 INC., Plaintiff, and CGC-19-576488, consolidated. San Francisco, Ca 13 v. PLAINTIFF SYNERGY’S NOTICE OF ERRATA IN MOTION FOR LEAVE TO 14 CITY AND COUNTY OF SAN FRANCISCO, FILE FOURTH AMENDED COMPLAINT 15 LONDON BREED, MOHAMMED NURU, Defendants. Date: February 25, 2022 16 ______________________________________ Time: 9:30 am. Dept.: 302 17 GHILOTTI BROS., INC., Plaintiff, 18 v. 19 SYNERGY PROJECT MANAGEMENT, 20 INC., a California Corporation, DOES 1-30, Defendants. 21 ______________________________________ 22 SYNERGY PROJECT MANAGEMENT, 23 Cross-Complainant, 24 v. 25 GHILOTTI BROS, INC., ROES 1-20, 26 Cross-Defendants. 27 28 P LAINTIFF S YNERGY ’ S N OTICE OF E RRATA IN M OTION FOR L EAVE TO A MEND C ASE No. CGC-17-560034 1 Motion for Leave to Amend: 2 Plaintiff Synergy’s Motion for Leave to File a Fourth Amended Complaint, filed on 3 January 31, 2022, should be corrected as follows: 4 The following sentence, at page 13, lines 11-14, which reads: 5 The disclosures reveal, inter alia, how Nuru accepted bribes from his “Family 6 friend,” contractor AzulWorks, in exchange for helping Azul Works unjustifiably win, and grossly overcharge the City for, work previously assigned to Synergy on 7 the Van Ness Project. 8 should be amended to read: 9 The disclosures reveal, inter alia, how Nuru accepted bribes from his “Family friend,” contractor Azul Works, in exchange for helping Azul Works unjustifiably 10 win, and grossly overcharge the City for, sidewalk construction on Van Ness 11 Street within the area Synergy had been hired to perform sidewalk construction. LAW OFFICE OF BEN ROSENFELD Proposed Fourth Amended Complaint: 12 In addition, Synergy’s proposed Fourth Amended Complaint, attached as Exhibit A to its San Francisco, Ca 13 Motion, should be corrected as follows: 14 The sentence, at paragraph 133, lines 23-24, which reads: 15 16 On information and belief, Kelly, through his position as SFPUC general manager, also ordered Azul Works’ replacement of Synergy on the project. 17 should be replaced by the following sentences: 18 On information and belief, the SFMTA took steps to replace Synergy at the 19 direction of Kelly and the SFPUC. When confronted with Kelly’s intervention to 20 remove Synergy from the Van Ness Project, the City falsely claimed that Kelly and the SFPUC played no role in Synergy’s removal, because the Van Ness 21 Project was an SFMTA project. 22 And paragraph 134, which reads: 23 Walsh is a limited liability corporation based in Chicago Illinois. On information and belief, Synergy alleges that at all times relevant, Walsh’s Northern California 24 operations, including the Van Ness Project, were overseen by J. William 25 Heathcott, Vice President, also based in Chicago. NURU and KELLY intended and caused their communications (1) falsely asserting that Synergy’s bid for the 26 Van Ness Project was too high, (2) awarding Synergy’s work to Azulworks based on Azulworks’ unqualified proposal; and (3) securing payment to Azulworks on 27 the Van Ness contract to be communicated to Walsh Construction in Chicago. 28 1 P LAINTIFF S YNERGY ’ S N OTICE OF E RRATA IN M OTION FOR L EAVE TO A MEND C ASE No. CGC-17-560034 1 Should be amended to read: 2 Walsh is a limited liability corporation based in Chicago Illinois. On information 3 and belief, Synergy alleges that at all times relevant, Walsh’s Northern California operations, including the Van Ness Project, were overseen by J. William 4 Heathcott, Vice President, also based in Chicago. NURU and KELLY intended and caused their communications (1) falsely asserting that Synergy’s bid for the 5 Van Ness Project was too high, (2) directing the rebid of Synergy’s work to other contractors and (3) awarding Synergy’s work to other contractors, to be 6 communicated to Walsh Construction in Chicago. 7 8 Respectfully Submitted, 9 RANDOLPH E. DAAR BEN ROSENFELD 10 11 LAW OFFICE OF BEN ROSENFELD 12 Dated: February 7, 2022 By: Ben Rosenfeld San Francisco, Ca 13 Attorneys for Plaintiff Synergy 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P LAINTIFF S YNERGY ’ S N OTICE OF E RRATA IN M OTION FOR L EAVE TO A MEND C ASE No. CGC-17-560034 PROOF OF SERVICE 1 2 I, the undersigned, hereby declare and state that I am over the age of 18, employed in the City of San Francisco, California, and not a party to the within action. My business address is 3 115 ½ Bartlett Street, San Francisco, CA 94110. 4 On the date(s) set forth below, I caused or will cause the following document(s) 5 PLAINTIFF SYNERGY’S NOTICE OF ERRATA IN MOTION FOR LEAVE 6 TO FILE FOURTH AMENDED COMPLAINT 7 to be served via the following methods, on the following recipients: 8 X Electronic Service (via File&ServeXpress) ___ U.S.P.S. First Class or Priority Mail 9 ___ U.S.P.S. Express Mail 10 ___ Personal Delivery ___ Facsimile 11 LAW OFFICE OF BEN ROSENFELD Jaime Huling Delaye, DCA James Diwik, Esq. 12 Ari A. Baruth, DCA Ryan Lewis, Esq. San Francisco City Attorney’s Office troutman pepper San Francisco, Ca 13 1390 Market Street, 7th Floor Three Embarcadero Center, Suite 800 14 San Francisco, CA 94102 San Francisco, CA 94111 Jaime.HulingDelaye@sfcityatty.org James.Diwik@troutman.com 15 Ari.Baruth@sfcityatty.org Ryan.Lewis@troutman.com Attorneys for City Defendants Attorneys for Defendant Ghilotti Bros., Inc 16 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. Executed on February 7, 2022, at San Francisco, California. 19 20 21 22 Ben Rosenfeld, Attorney 23 24 25 26 27 28 1 P ROOF OF S ERVICE C ASE No. CGC-17-560034