Preview
UU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-24-2013 03:52 pm
Case Number: CGC-13-531203
Filing Date: Sep-24-2013 03:52 pm
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 04213615
CASE MANAGEMENT STATEMENT
88 TOWNSEND STREET OWNERS ASOCIATION, VS. 699 SECOND
DEVELOPMENT LLC, et al
001004213615
Instructions:
Please place this sheet on top of the document to be scanned.CM-110
"ATTORNEY OR PARTY VATHOUT ATTORNEY (Name, State Bar number, and adores). FOR COURT USE ONLY
Thomas E. Miller; State Bar No. 57821
The Miller Law Firm; 235 Montgomery St, Sulte 903 F I I E D
San Francisco, CA 94107 & Foo County Superior .
TELEPHONE NO: 415-437-1800 FAX NO. (Optional): 415-437-0177
E-MAIL ADDRESS (Optional): rp
ATTORNEY FOR (Name): 88 TOWNSEND STREET OWNERS ASSOCIATION SEP 2 42018
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess: 400 McAllister St
MAILING ADDRESS:
Gry AND zp CODE: San Francisco, CA 94102
BRANCH NAME: Civic Center
PLAINTIFF/PETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION
DEFENDANT/RESPONDENT: 699 SECOND DEVELOPMENT, LLC, et al
CASE MANAGEMENT STATEMENT (CASE NUMBER:
(Check one): [2] UNLIMITED CASE (1) umirep case CGG-13-531203
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 9, 2013 Time: 10:30 a.m. Dept: 610 Div.: Room:
Address of court (if different from the address above):
[Z) Notice of Intent to Appear by Telephone, by (name): Thomas E. Miller
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
4. Par or parties (answer one):
This statement is submitted by party (name): 88 TOWNSEND STREET OWNERS ASSOCIATION,
b [1 This statement is submitted Jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) BY EF
a. The complaint was filed on (date): May 6, 2013 AX
b. [} The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [-] Allparties named in the compiaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [2] The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) (271 have been served but have not appeared and have not been dismissed (specify names):
Blomberg Glass
(3) [1 have had a default entered against them (specify names):
[1 The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Typeofcasein [7] complaint [_] cross-complaint (Describe, including causes of action):
Violation of Residential Building Standards
Page tof 5
Fo ina Ganorie CASE MANAGEMENT STATEMENT Gal, Rules of Cou,
‘of Calfornia
‘CM-110 (Rev. July 4, 2011} wonw.courts.c@ govCM-110
PLAINTIFF/PETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION | “SE ota ,
DEFENDANTIRESPONDENT: 699 SECOND DEVELOPMENT, LLG, et al OGC-13-531203
4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges a variety of Building Standards violations as to the construction of the subject property consists of
commercial and residential condominium units located in San Francisco, California.
[1 (more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting a jury trial):
a jury trial Ca Nonjury trial. (if more than one party, provide the name of each party
6. Trial date
- a. (__] The trial has been set for (date):
b. [7] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
| c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. LZ] days (specify number): 45 days
b, [[] hours (short causes) (specify):
The party or parties will be represented at trial [7] by the attomey or party listed in the caption [__] by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[1 Additional representation is described In Attachment 8.
9. Preference
(=) This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR Information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [1 has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party 1] has [7] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to Judicial arbitration or clvil action mediation (if available).
(1) [2] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) () Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) [] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
8. Trial representation (fo be answered for each party)
(CM-410 (Rev. July 1.2011} CASE MANAGEMENT STATEMENT Pege 2085CM-110
IEFENDANT/RESPONDENT: 699 SECOND DEVELOPMENT, LLC, et al
PLAINTIFFIPETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION [= SEE
CGC-13-531203
40. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties’ ADR
stipulation):
(1) Mediation
wm
Mediation session not yet scheduled
Mediation session scheduled for (date): 10/22; 11/14; 12/3/13
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement.
conference
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(5) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(8) Other (specify):
OOO}o000}0000/0000|0008;0080
Oo
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM-110 [Rev. Jay 1, 2017),
CASE MANAGEMENT STATEMENT PaaesoreCM-410
|_PLAINTIFFIPETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION | OS:IS /
DEFENDANTIRESPONDENT: _699 SECOND DEVELOPMENT, LLC, et al CGC-13-531208
11. Insurance
a. [_] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [—] Yes [[_] No
c. [7] Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[ Bankruptcy [_] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [__] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1] Additional cases are described in Attachment 13a.
b. [_]Amotionto [7] consolidate [[—] coordinate —_will be filed by (name party):
14, Bifurcation
[J The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15, Other motions:
(=) The panty or parties expect to file the following motions before tial (specify moving party, type of motion, and issues):
16. Discovery
a. [__] The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description
All parties Per Pre-Trial Order No. 1
Date
c. [_] The following discovary issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
M10 Rov dui 1, 2088) CASE MANAGEMENT STATEMENT Page 4CM-110
PLAINTIFF/PETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION ese ER 0s
DEFENDANTIRESPONDENT: 899 SECOND DEVELOPMENT, LLC, et al °
17. Economic litigation
a. (] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other Issues
(1 The panty or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [7] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the Califomia Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, Including the written authority of the party where required.
Date: September 24, 2013
Thomas E. Miller » Tele
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(1 Additional signatures are attached.
(CM-110 Rev. ly 1, 2041) CASE MANAGEMENT STATEMENT Page 6066Co em YN DW FF WN |
RN YP NR YN NR KN YD Se ee Be ese we Be Be em
oY A A BBS | SG he ADH BF wWwNH SK DS
PROOF OF SERVICE
[C.C.P. Section 1013A(3)]
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
I am employed in the County of San Francisco, State of California. I am over the
age of 18 and not a party to the within action; my business address is: 235 Montgomery
Street, Suite 930, San Francisco, CA 94104.
On September 24, 2013, I served the documents described as: Case Management
Statement on the interested parties in this action as follows:
Steven M. Cvitanovic, Esq. Attorneys for Defendants 699 SECOND
HAIGHT BROWN & BONESTEEL LLP DEVELOPMENT, LLC; and CANNON
71 Stevenson St., 20" Floor CONSTRUCTORS, INC.
San Francisco, CA 94105
Tel: (415) 546-7500 / Fax: (546-7505
scvitanovic@hbblaw.com
James J. Ficenec Attorneys for Marvin Windows, Inc.
Archer Norris
2033 North Main Street, Suite 800
‘Walnut Creek, CA 94596,
925-930-6600
925-930-6620
ifinenec@archernorris.com
David M. Levy Attorneys for Sternberg Benjamin Architects
Van De Pool, Levy & Allen, LLP
1600 South Main Plaza Ste 325
Walnut Creek, CA 94596
(925) 934-6102
dlevy@vanlevylaw.com
_X_ BY U.S. MAIL - As follows: I placed a true copy in a sealed envelope addressed
as indicated above. I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with the
USS. Postal Service on the same day with postage thereon fully prepaid at San Francisco,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the
above is true and correct. Executed on September 24, 2043 at S 0, California.
Tan McDonald ~
PROOF OF SERVICE
Preview
UU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-24-2013 03:52 pm Case Number: CGC-13-531203 Filing Date: Sep-24-2013 03:52 pm Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 04213615 CASE MANAGEMENT STATEMENT 88 TOWNSEND STREET OWNERS ASOCIATION, VS. 699 SECOND DEVELOPMENT LLC, et al 001004213615 Instructions: Please place this sheet on top of the document to be scanned.CM-110 "ATTORNEY OR PARTY VATHOUT ATTORNEY (Name, State Bar number, and adores). FOR COURT USE ONLY Thomas E. Miller; State Bar No. 57821 The Miller Law Firm; 235 Montgomery St, Sulte 903 F I I E D San Francisco, CA 94107 & Foo County Superior . TELEPHONE NO: 415-437-1800 FAX NO. (Optional): 415-437-0177 E-MAIL ADDRESS (Optional): rp ATTORNEY FOR (Name): 88 TOWNSEND STREET OWNERS ASSOCIATION SEP 2 42018 SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess: 400 McAllister St MAILING ADDRESS: Gry AND zp CODE: San Francisco, CA 94102 BRANCH NAME: Civic Center PLAINTIFF/PETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION DEFENDANT/RESPONDENT: 699 SECOND DEVELOPMENT, LLC, et al CASE MANAGEMENT STATEMENT (CASE NUMBER: (Check one): [2] UNLIMITED CASE (1) umirep case CGG-13-531203 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 9, 2013 Time: 10:30 a.m. Dept: 610 Div.: Room: Address of court (if different from the address above): [Z) Notice of Intent to Appear by Telephone, by (name): Thomas E. Miller INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 4. Par or parties (answer one): This statement is submitted by party (name): 88 TOWNSEND STREET OWNERS ASSOCIATION, b [1 This statement is submitted Jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) BY EF a. The complaint was filed on (date): May 6, 2013 AX b. [} The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [-] Allparties named in the compiaint and cross-complaint have been served, have appeared, or have been dismissed. b. [2] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) (271 have been served but have not appeared and have not been dismissed (specify names): Blomberg Glass (3) [1 have had a default entered against them (specify names): [1 The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Typeofcasein [7] complaint [_] cross-complaint (Describe, including causes of action): Violation of Residential Building Standards Page tof 5 Fo ina Ganorie CASE MANAGEMENT STATEMENT Gal, Rules of Cou, ‘of Calfornia ‘CM-110 (Rev. July 4, 2011} wonw.courts.c@ govCM-110 PLAINTIFF/PETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION | “SE ota , DEFENDANTIRESPONDENT: 699 SECOND DEVELOPMENT, LLG, et al OGC-13-531203 4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges a variety of Building Standards violations as to the construction of the subject property consists of commercial and residential condominium units located in San Francisco, California. [1 (more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request requesting a jury trial): a jury trial Ca Nonjury trial. (if more than one party, provide the name of each party 6. Trial date - a. (__] The trial has been set for (date): b. [7] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): | c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LZ] days (specify number): 45 days b, [[] hours (short causes) (specify): The party or parties will be represented at trial [7] by the attomey or party listed in the caption [__] by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [1 Additional representation is described In Attachment 8. 9. Preference (=) This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR Information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [1 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party 1] has [7] has not reviewed the ADR information package identified in rule 3.221. b. Referral to Judicial arbitration or clvil action mediation (if available). (1) [2] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) () Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 8. Trial representation (fo be answered for each party) (CM-410 (Rev. July 1.2011} CASE MANAGEMENT STATEMENT Pege 2085CM-110 IEFENDANT/RESPONDENT: 699 SECOND DEVELOPMENT, LLC, et al PLAINTIFFIPETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION [= SEE CGC-13-531203 40. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties’ ADR stipulation): (1) Mediation wm Mediation session not yet scheduled Mediation session scheduled for (date): 10/22; 11/14; 12/3/13 Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement. conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (8) Other (specify): OOO}o000}0000/0000|0008;0080 Oo ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (CM-110 [Rev. Jay 1, 2017), CASE MANAGEMENT STATEMENT PaaesoreCM-410 |_PLAINTIFFIPETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION | OS:IS / DEFENDANTIRESPONDENT: _699 SECOND DEVELOPMENT, LLC, et al CGC-13-531208 11. Insurance a. [_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [—] Yes [[_] No c. [7] Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [ Bankruptcy [_] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1] Additional cases are described in Attachment 13a. b. [_]Amotionto [7] consolidate [[—] coordinate —_will be filed by (name party): 14, Bifurcation [J The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15, Other motions: (=) The panty or parties expect to file the following motions before tial (specify moving party, type of motion, and issues): 16. Discovery a. [__] The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description All parties Per Pre-Trial Order No. 1 Date c. [_] The following discovary issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): M10 Rov dui 1, 2088) CASE MANAGEMENT STATEMENT Page 4CM-110 PLAINTIFF/PETITIONER: 88 TOWNSEND STREET OWNERS ASSOCIATION ese ER 0s DEFENDANTIRESPONDENT: 899 SECOND DEVELOPMENT, LLC, et al ° 17. Economic litigation a. (] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other Issues (1 The panty or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [7] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the Califomia Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, Including the written authority of the party where required. Date: September 24, 2013 Thomas E. Miller » Tele (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (1 Additional signatures are attached. (CM-110 Rev. ly 1, 2041) CASE MANAGEMENT STATEMENT Page 6066Co em YN DW FF WN | RN YP NR YN NR KN YD Se ee Be ese we Be Be em oY A A BBS | SG he ADH BF wWwNH SK DS PROOF OF SERVICE [C.C.P. Section 1013A(3)] STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is: 235 Montgomery Street, Suite 930, San Francisco, CA 94104. On September 24, 2013, I served the documents described as: Case Management Statement on the interested parties in this action as follows: Steven M. Cvitanovic, Esq. Attorneys for Defendants 699 SECOND HAIGHT BROWN & BONESTEEL LLP DEVELOPMENT, LLC; and CANNON 71 Stevenson St., 20" Floor CONSTRUCTORS, INC. San Francisco, CA 94105 Tel: (415) 546-7500 / Fax: (546-7505 scvitanovic@hbblaw.com James J. Ficenec Attorneys for Marvin Windows, Inc. Archer Norris 2033 North Main Street, Suite 800 ‘Walnut Creek, CA 94596, 925-930-6600 925-930-6620 ifinenec@archernorris.com David M. Levy Attorneys for Sternberg Benjamin Architects Van De Pool, Levy & Allen, LLP 1600 South Main Plaza Ste 325 Walnut Creek, CA 94596 (925) 934-6102 dlevy@vanlevylaw.com _X_ BY U.S. MAIL - As follows: I placed a true copy in a sealed envelope addressed as indicated above. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the USS. Postal Service on the same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 24, 2043 at S 0, California. Tan McDonald ~ PROOF OF SERVICE