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  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview 
						
                                
Preview

                                Steven H. Schwartz, Esq., SBN 94637
Noel E. Macaulay, Esq., SBN 121695

SCHWARTZ & JANZEN, LLP

12100 Wilshire Boulevard, Suite 1125

Los Angeles, CA 90025-7117

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

Telephone: 310/979-4090 JUL 24 2044

Facsimile: 310/207-3344 Clerk of the Court
BY: ALISON AGBA\

Attorneys for Cross-Defendant, HKS, INC, individually and dba HKS ARCHITECTS, INC. =i Clerk

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL COMMUNITY
ASSOCIATION,

Plaintiff,
vs.

CATELLUS THIRD AND KING LLC; CATELLUS
DEVELOPMENT CORPORATION; CATELLUS
COMMERCIAL DEVELOPMENT CORP.; CATELLUS
OPERATING LIMITED PARTNERSHIP; CATELLUS
URBAN DEVELOPMENT CORPORATION; THIRD
AND KING INVESTORS LLC; PROLOGIS; MISSION
PLACE LLC; MISSION PLACE MEZZANINE LLC;
MISSION PLACE MEZZ HOLDINGS LLC; MISSION
PLACE PARTNERS LLC; CENTURION REAL
ESTATE INVESTORS IV, LLC; CENTURION REAL
ESTTE PARTNERS, LLC; CENTURION PARTNERS
LLC; WEBCOR CONSTRUCTION, INC.; WEBCOR
BUILDERS, INC.; WEBCOR CONSTRUCTION, INC.,
individually and doing business as WEBCOR
BUILDERS; WEBCOR CONSTRUCTION LP.
individually and doing business as WEBCOR
BUILDERS; SKIDMORE OWINGS & MERRILL LLP;
HKS, INC,; HKS ARCHITECTS, INC.; HKS, INC.,
individually and doing business as HKS
ARCHITECTS, INC. and DOES 1 through 200,

Defendants.

=

CASE NO. CGC-08-478453

[Complaint Filed: August 8, 2008}

REQUEST TO TAKE JUDICIAL NOTICE
IN SUPPORT OF HKS’ OPPOSITION TO
MISSION PLACE’S “MOTION TO
ENFORCE COURT'S JANUARY 15,
2014 ORDER GRANTING MISSION
PLACE’S MOTION FOR SUMMARY
ADJUDICATION”

DATE: August 6, 2014

TIME: 10:30 a.m.

DEPT: 304

JUDGE: Honorable Richard A. Kramer

REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF HKS’ OPPOSITION TO MISSION PLACE’S “MOTION TO
ENFORCE COURT’S JANUARY 15, 2014 ORDER GRANTING MISSION PLACE’S MOTION FOR SUMMARY
ADJUDICATIONTO ALL PARTIES AND THEIR COUNSEL OF RECORD:

Pursuant to Evidence Code §§452 and 453 and California Rule of Court §3.1306, Cross-

defendant HKS, INC. dba HKS ARCHITECTS, INC. (HKS") hereby requests that this Court take judicial

notice of the following motions, pleadings and submissions in the instant action:

1.

Notice of Motion and Motion for Summary Adjudication by Mission Place, LLC and Affiliates
(‘MISSION PLACE’) against WEBCOR and HKS, filed on or about December 17, 2010
Memorandum of Points and Authorities in Support of MISSION PLACE’S Motion for Summary
Adjudication, filed on or about December 17, 2010
Portions of Compendium of Exhibits in Support of MISSION PLACE'S Motion for Summary
Adjudication, filed on or about December 17, 2010, including the following exhibits:

Ex. 4 - Consent and Agreement and Mission Bay Agreement Between Architect and Owner,

[MSA00057-MSA0088]

Ex, 13 ~ First Amended Cross-Complaint [MSA0177-MSA0196]

Ex. 14 - First Amended Complaint [MSA0197-MSA0255]
HKS' Notice of Errata and Filing of Amended Opposition to Motion for Summary Adjudication (with
Amended Opposition and Declarations of Jack B. Price, Jr. and Noel E. Macaulay attached), filed
on February 22, 2011
MISSION PLACE'S Supplemental Memorandum of Points and Authorities in Support of Motion
for Summary Adjudication, filed July 17, 2012
HKS Response to MISSION PLACE'S Supplemental Memorandum of Points and Authorities, filed

on August 7, 2012
~2-

REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF HKS’ OPPOSITION TO MISSION PLACE’S “MOTION TO
ENFORCE COURT’S JANUARY 15, 2014 ORDER GRANTING MISSION PLACE’S MOTION FOR SUMMARY
ADJUDICATION7. Order Granting Ex Parte Application to File First Amendment to First Amended Complaint, filed
September 17, 2010

8. Third Amended Complaint, filed on April 27, 2011.

DATED: July 24, 2014 SCHWARTZ & JANZEN, LLP

Attorneys for HKS, INC.

-3-

REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF HKS’ OPPOSITION TO MISSION PLACE’S “MOTION TO
ENFORCE COURT'S JANUARY 15, 2014 ORDER GRANTING MISSION PLACE’S MOTION FOR SUMMARY
ADJUDICATION