Conference: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

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                                Ann Rankin, Esq. (SBN 83690)
Terry Wilkens, Esq. (SBN 118469)
Law Offices of Ann Rankin

3911 Harrison Street ELECTRONICALLY

Oakland, CA 94611 FILED

Tel.: (510) 653-8886 Superior Court of California,

Fax: ($10) 653-8889 ne te eee
05/18/2015

Kenneth Katzoff, Esq, (SBN 103490) Seen

Robert R. Riggs (SBN 107684) Deputy Clerk

Sung Shim, Esq. (SBN 184247)

Katzoff & Riggs

1500 Park Ave #300

Emeryville, CA 94608
TEL: (510) 597-1990
FAX: (510) 597-0295

Attorneys for Plaintiff BEACON RESIDENTIAL
COMMUNITY ASSOCIATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA.
COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL COMMUNITY CASE NO.: CGC-08-478453
ASSOCIATION,
PLAINTIFF’S AND DEFENDANT
a MISSSION PLACE’S CASE MANAGEMENT
Plaintiff, CONFERENCE STATEMENT
i Date: May 19, 2015
CATELLUS THIRD AND KING LLC, et al., Time: 2:00 p.m.
Dept.: 304
Defendants. Judge: Hon, Curtis Karnow

Plaintiff and Mission Place hereby submit their Joint Case Management Statement.
Part I: Plaintiff's And Mission Place’s Statement

1 Term Sheet for Pending Settlement Between Plaintiff and the Mission Place
Entities.

As of the date this Case Management Conference Statement was prepared, Plaintiff and the
Mission Place entities were close to settling the claims brought by Plaintiff against Mission Place.

as well as obtaining rights from Mission Place and two of its insurers. The Term Sheet for the

PLAINTIFFS AND DEFENDANT MISSSION PLACE’S CASE MANAGEMENT CONFERENCE STATEMENT
1Oo ON ADH Bw NY

NRoN RR De eee as
2RRERREBRRESSGCRERIARAGZCEBDRTS

settlement, which was partially signed on Friday, May 15, is attached hereto as Exhibit A. Plaintiff
and Mission Place and Mission Place's primary insurers are working out the details of a formal
settlement agreement, to be signed on or before June 10, 2015. As can be seen from the Term
Sheet, Exhibit A, the Mission Place entities will be stipulating to class certification of the Sixth
and Eighth Causes of Action, for settlement purposes only, followed by a fairness hearing, As
appears from the opinion in the Court of Appeal in Case No, A138609, the Court of Appeal
reversed and remanded for further proceedings in the trial court concerning class certification on
Plaintiff's Sixth and Eighth Causes of Action, That unpublished opinion dated February 13, 2015
is final. In the Opinion, the Court of Appeal held that the sixth and eighth causes of action in
Plaintiff's Third Amended Complaint were the only causes of action which are the subject of the
requested class certification, The Sixth and Eighth Causes of Action are currently pending only
against the Mission Place parties. Plaintiff contends it has standing to sue on the remaining causes
of action in its individual and representative capacities under Civil Code Section 5980 and under
the Right to Repair Act, Civil Code Section 895, et, seq. The settlement with Mission Place will
eliminate any further class certification motions and will require only a fairness hearing and
approval of a good faith settlement application, which will be filed by Mission Place within ten
days of the date on which Plaintiff signs the final settlement agreement that the parties are
finalizing.

2. Order Striking Solar Heat Gain and Ventilation Claims and Pending Petition
for Writ of Mandate

On October 1, 2014, this Court granted defendants SOM’s and HKS’s motion to strike
portions of the Third Amended Complaint relative to Plaintiff's allegations of solar heat gain and
ventilation deficiencies.

On October 16, 2014, Plaintiff filed a Petition for Writ of Mandate as to the motion to
strike this Court’s October 1, 2014 order. The Court of Appeal issued an Order to Show Cause
and requested further briefing. The matter has been fully briefed since December, 2014, Oral
argument has now been set for June 18, 2015. The settlement anticipates that Mission Place will

assign to Plaintiff its common law rights to sue Catellus, the architects, Webcor and the

PLAINTIFF’S AND DEFENDANT MISSSION PLACE’S CASE MANAGEMENT CONFERENCE STATEMENT.
2Subcontractor Defendants for the solar heat gain and ventilation issues. Once this assignment has
been completed, then even if the other defendants were correct that only Mission Place, and not
Plaintiff, had standing to sue for the solar heat gain claims under the Krusi case, that contention
would be irrelevant because Plaintiff will own the Mission Place claims by virtue of the
assignment.

3. Discovery:

Defendant Mission Place had asked to take additional depositions of homeowners. These
will be unnecessary if the settlement is consummated. Twenty-eight depositions of percipient and
expert witnesses remained to be taken, but many of these will be unnecessary if the settlement
with Mission Place is consummated. Depositions are being scheduled through the Discovery
Committee. If there are any discovery disputes that cannot be worked out, they should be
submitted to Hon. Ronald Sabraw of JAMS in accordance with the Order of Reference herein on
November 9, 2010, which remains in effect.

4, Trial Date:

This case has been pending in this court since August 8, 2008, and was pending as a
statutory pre-litigation claim under SB 800 since September, 2006. Defendants have deposed
Plaintiff's experts on both heat gain and non heat gain issues for days at a time. There is little left
to do other than to re-depose Plaintiff experts who have already been deposed in order to
determine what additional work they may have done since the last depositions were completed.

Due to the passage of time, it is likely that witnesses will become unavailable or die.
Plaintiff's cost estimator, Jim Sappington, died last year and had to be replaced with a new cost
estimator.

The settlement between Mission Place and Plaintiff will greatly streamline the trial against
the remaining defendants, and is likely to save at least five weeks of trial time.

Continued delays will prejudice Plaintiff and the owners and residents of the 595 homes
within the Beacon condominiums. The case needs to remain set for trial on November 9, 2015.

W
WW

PLAINTIFF’S AND DEFENDANT MISSSION PLACE’S CASE MANAGEMENT CONFERENCE STATEMENT
3Cc eo YW A HW RF WY ND

10

Date: May 15, 2015

Respectfully submitted,

LAW OFFICES OF KIN
KATZOFF & RIGG)
YN (a

Ann Rankin
Attorneys for Beacon Residential Community Association

HAIGHT, BROWN & BONESTEEL

Be SMe.

Counsel for Mission Place LLC; Mission
Place Mezzanine LLC, Mission Place Mezz
Holdings LLC; Mission Place Partners LLC;
Centurion Real Estate Investors IV, LLC and
Centurion Real Estate Partners, LLC

PLAINTIFFS AND DEFENDANT MISSSION PLACE’S CASE MANAGEMENT CONFERENCE STATEMENT
4SOU Om NA A FF BW N

‘The Beacon ROA y, Catellus Third & King, LLC, et al.
San Francisco County Superior Court Case No. CGC08-478453

PROOF OF SERVICE

Tam employed in the County of Alameda, State of California. I am over the age of 18
and not a party to the within action, My business address is 3911 Harrison Street, Oakland,
California 94611.

I served the within document(s) described as:
PLAINTIFF’S AND DEFENDANT MISSSION PLACE’S CASE MANAGEMENT

CONFERENCE STATEMENT; EXHIBIT A PLAINTIFF’S AND DEFENDANT MISSSION
PLACE’S CASE MANAGEMENT CONFERENCE STATEMENT

on the interested parties in this action on the attached service list:

x | BY EMAIL OR ELECTRONIC TRANSMISSION: By Electronically transmitting the!
document(s) listed above to LexisNexis File and Serve, an electronic service provider at
www. fileandservexpress.com pursuant to the Court’s June 1, 2007 Order mandating
electronic service. The transmission was reported as complete and without error.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on May 18, 2015 at Oakland, California.

Gwen Bernier

PROOF OF SERVICE
tSERVICE LIST
Beacon Residential Community Association y, Catellus Third and King LLC, et al.,
San Francisco County Superior Court Case No. CGC 08-478453

Kenneth Katzoff, Esq.
Robert Riggs, Esq.

Sung Shim, Esq.

Katzoff & Riggs

1500 Park Avenue, Suite 300
Emeryville, CA 94608

Phone: (510) 597-1990

Fax: (510) 597-0295
kkatzoff@katzoffrigas.com
riggs@katzoffriggs.com
sshim@katzoffriggs.com
Co-Counsel for Plaintiff Beacon Residential
Community Association

Randel Campbell

Lynch, Gilardi & Grummer

170 Columbus Avenue, 5th Floor

San Francisco, CA 94133

Phone: (415) 397-2800

Fax: (415) 397-0937

rcampbell@lgglaw.com

Counsel for Architectural Glass and Aluminum Co.,
inc,

Steven M. Cvitanovic

Haight Brown & Bonesteel LLP

Three Embarcadero Center, Suite 200

San Francisco, CA 94111

Phone: (415) 546-7500

Fax: (415) 546-7505
scvitanovic@hbbiaw.com

Co-Counsel for Defendants Mission Place LLC;
Mission Place Mess Holding LLC; Mission Place
Mezzanine LLC; Mission Place Partners LLC;
Centurion Real Estate Investors IV, LLC; and
Centurion Real Estate Partners, LLC; Centurion
Partners LLC

Kevin P, McCarthy, LLP
McCarthy & McCarthy

The Arlington Building

492 Ninth Street, Suite 220
Oakland, CA 94607

Ph: (510) 839-8100

Fax; (510) 839-8108
KMcCarthy@McCarthyLLP.com

Counsel for Cross-Defendant Window Solutions, Inc.

Steven H. Schwartz

Noel E. Macaulay

Schwartz & Janzen, LLP

12100 Wilshire Boulevard, Suite 1125
Los Angeles, CA 90025

Phone: (310) 979-4090

Fax: (310) 207-3344
sschwartz@sj-law.com

nmacaulay@sj-law.com
Counsel for HKS, Inc., individually and dba HKS

Architects, Inc.

David S. Webster, Esq.

Mark J. D’Argenio

Wood, Smith, Henning & Berman, LLP

1401 Willow Pass Road, Suite 700

Concord, CA 94520

Phone: (925) 222-3400

Fax: (925) 356-8250

dwebster@wshblaw.com mdargenio@wshblaw.com
Counsel for Catellus Development Corporation;
Catellus Commercial Development Corporation;
Catellus Urban Development Corporation; Catellus
Operating Limited Partnership; Catellus Urban
Development Group, LLC, Catellus Third and King
LLC; and Third and King Investors, LLC; ProLogis

Page |SERVICE LIST
Beacon Residential Community Association y. Catellus Third and King LLC, et al.,
San Francisco County Superior Court Case No. CGC 08-478453

S. Mitchell Kaplan

Gregory Hanson

Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

Phone: (415) 986-5900
Fax: (415) 986-8054
skaplan@gordonrees.com
ghanson@gordonrees.com

Counsel for Webcor Construction, Inc. dba
Webcor Builders; Webcor Builders, Inc.; Webcor
Construction LP

Kathleen Strickland

Devin Courteau

John Koeppel

Ropers, Majeski, Kohn & Bentley PC

150 Spear Street, Suite 850

San Francisco, CA * 94105-5173

Office: (415) 543-4800 Direct: (415) 972-6328
Mobile: (415) 971-0685

Fax: (415) 972-6301

kstrickland@rmkb.com
johnkoeppel@sbcglobal.net
DCourteau@rmkb.com

Counsel for Catellus Development Corporation;
Catellus Urban Development Corporation; Catellus
Third and King LLC; Catellus Commercial
Development Corporation; Catellus Operating
Limited Partnership; Third and King Investors LLC;
and Prologis

William H. Staples

Archer Norris

2033 North Main Street, Suite 800
Walnut Creek, CA 94596

Phone: (925) 930-6600
Fax: (925) 930-6620
wstaples@archernorris.com

Counsel for Anning-Johnson Company

Samuel Muir

Erin Dunkerly

Collins Collins Muir + Stewart LLP
1100 El Centro Street

South Pasadena, CA 91030

Phone: (626) 243-1100
Fax: (626) 243-1111
smuir@ccmslaw.com
edunkerly@ccmslaw.com

Co Counsel for Webcor Construction, Inc. dba
Webcor Builders; Webcor Builders, Inc.; Webcor
Construction LP

Steven McDonald

James Shea, Esq.

Bledsoe, Cathcart, Diestel, Pederson & Treppa,
LLP

601 California Street, 16th Floor

San Francisco, CA 94108

Phone: (415) 981-5411

Fax: (415) 981-0352
smcdonald@bledsoelaw.com
jshea@bledsoelaw.com

Counsel for Shooter & Butts, Inc.

Richard C. Young

Law Offices of Robles & Castles
492 Ninth Street, Suite 200
Oakland, CA 94607

Ph.: (415) 743-9300

Fax: (415) 743-9305
jim@rcmlawgroup.com

tick@rcmlawaroup.com
Counsel for Skidmore Owings & Merrilf LLP

Page 2SERVICE LIST
Beacon Residential Community Association y. Catellus Third and King LLC, et al.,
San Francisco County Superior Court Case No. CGC 08-478453

Christian P. Lucia

Vie US—meail Brent Basilico
Aiken-& Welch Sellar Hazard & Lucia
i Kaiser Plaza; Suite 505 201 N. Civic Drive, Suite 145
Oalland;-GA94642. Walnut Creek, CA 94596
Document Depository Phone: (925) 938-1430
Fax: (925) 256-7508
clucia@sellerlaw.com
bbasilico@sellariaw.com
: _ Counsel for Cupertino Electric, Inc.; Creatvie
Masonry, Inc; Carefree Toland Pools, Inc.; J.W.
McClenahan, Inc.; N.V. Heathorn, Inc.; Critchfield
Patrick-C_Coughlan,Esq-(Mediater) Mechanical, Inc.; West Coast Protective Coating,
Conflict Solutions Inc.; Blue’s Roofing Company; Van-Mulder Sheet
4540-Star Peinte-tane Metal, Inc., F. Rogers Corporation; Roofing
Naples;-FL34442 Constructors, Inc., dba Western Roofing Service
iclcesi@
Direct: 239-272-0434—\_
Fek-800-762-5582
Viee President —Case-Manager €enflict- Solutions
ECONFLICF SOLUTIONS 30+ Clematis-Street, Suite 3000
442 Plains Road Direct 561-388-9494
Raymond-Maine-0407+ Administrative-Offices: 800-762-5582
F:207-655-6677- US, 800-762-5582 Fax: 207- | deven.esi@mezcont

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