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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
  • 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

CH MD RH RW me ND aka YY Da uw F&F BB BM = SCS FS FT AD DH ee WB YP S&S 28 Collins Cotlins Muir + Stewart iL 1100 E! Contra Street Sp. Pasasena, CA S103), Phone (625) 243-1200 Fax (626) 2481011 Samuel J. Muir, Esq. (State Bar No. 89883) Erin R. Dunkerly, Esq. (State Bar No. 260220) COLLINS COLLINS MUIR + STEWART LLP ELECTRONICALLY 1100 El Centro Street South Pasadena, CA 91030 opel bold ED | (626) 243-1100 — FAX (626) 243-1111 County of San Francisco SEP 09 2013 Attorneys for Defendant Clerk of the Court WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS BY: VANESSA WU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BEACON RESIDENTIAL COMMUNITY ASSOCIATION, ) CASE NO. CGC-08-478453 ) [Assigned to Judge Curtis E.A. Karnow, Dept 304] ) Plaintiff, ) DECLARATION OF GREGORY T. HANSON ) IN SUPPORT OF JOINT EX PARTE vs. ) APPLICATION OF DEFENDANTS WEBCOR ) AND HKS FOR EXTENSION OF TIME TO CATELLUS THIRD AND KING, LLC, et =) FILE WRIT PETITION al., ) ) DATE: September 9, 2013 ) TIME: 4:00 p.m. ) PLACE: Dept. 304 ) ) ) Defendants. AND ALL RELATED CROSS-ACTIONS. Complaint Filed: 08/08/08 Trial Date: None DECLARATION OF GREGORY T. HANSON 1, Gregory T. Hanson, declare as follows: 1. i am an attorney admitted to practice before all of the courts in the State of California. I am an attorney in the law firm of Gordon and Rees, counsel of record for Defendants WEBCOR CONSTRUCTION, INC. WEBCOR BUILDERS, INC.; WEBCOR CONSTRUCTION, INC. individually and doing business as WEBCOR BUILDERS on its own behalf and erroneously sued as WEBCOR CONSTRUCTION LP doing business as WEBCOR BUILDERS (hereinafter “Webcor’), The following facts and circumstances are personally known to me and, if called upon to do so, | could and would competently testify as to them. As to those 18153 1 HANSON DECLARATION IN SUPPORT OF EX PARTE APPLICATIONz 3 4 & 6 27 roosrrsfiseus eB Collins Collies tmatiers stated upon information and belief, | am informed and believe them to be true. 2 imake this declaration in support of the Joint Ex Parte Application of Defendants Webcar and HKS for Extension of Time to File a Writ Petition. 3. Lam the handling trial attorney responsible for defending Webcor’s work relative to construction of the Beacon project at isstie in this lawsuit. 4. At the time the Court's Order and Mission Place’s Notice.of Entry of Order were filed, I was unavailable because | was on a pre-planned vacation and did not retum until Monday, August 26, 2613. Pursuant io other necessary attorneys’ schedeles, | was unable to fully review and consult with my-client and co-defense counsel relative te the order untif Tuesday, August 27. 5. For the reasons above, and the reasons set forth in the ex parte application, Lrequest a 10-day extension of time as permitted by Code of Civil Procedure section 437c subdivision (rm). 6. On September 4, 2013, I attended 4 deposition in this case where Steven Cvitanovic, counsel for Mission Place was also-present in person. | informed Mr. Cvitanovic on September 4, 2013 of this ex parte application. Mr, Cvitanovie stated t me at the deposition that he intends to oppose this ex parte application based upon his perception that his client would be reticent to do.so. 7. I declare under the penalty of perjury under the laws of the State of California and the United States that the foregoing is irue and correct that this declaration was executed on this a day of September 2013 in California, GORDON & REES, LLP segory Tj Hanson wis. 2 HANSON DECLARATION IN SUPPORT OF EX PARTE APPLICATION |PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) ss. County of Los Angeles 5 Tam employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action; my business address is 1100 EI Centro Street, South Pasadena, California 91030. On this date, I served the foregoing document described as DECLARATION OF GREGORY . HANSON IN SUPPORT OF JOINT EX PARTE APPLICATION OF DEFENDANTS WEBCOR AND HKS FOR EXTENSION OF TIME TO FILE WRIT PETITION on the interested parties in this action by placing same in a sealed envelope, addressed as follows: {BY MAHL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in South Pasadena, California to be served on the parties as indicated on the attached service list. [ am “readily familiar” with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at South Pasadena, California in the ordinary course of business. [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. (BY CERTIFIED MAIL) — | caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in South Pasadena, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY [1 (BY ELECTRONIC FILING AND/OR SERVICE) ~{ served a true copy, with all exhibits, electronically through LexisNexis File and Serve on designated recipients listed on the attached Service List on: September 9, 2013 (Date} FEDERAL EXPRESS - | caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. (BY FACSIMILE) - 1 caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile namber(s) indicated on the attached Service List and the activity repori(s) generated by facsimile number (626) 243-1100 indicated all pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on September 9, 2013 at: South Pasadena, California. (STATE) - | declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) - | declare that | am employed in the office of a member of the bar of this court at whose direction the service was made. * ROBIN Ty feBEACON RESIDENTIAL COMMUNITY ASSOCIATION v. CATELLUS THIRD AND KING, LLC SAN FRANCISCO SUPERIOR COURT — CASE NO. CGC 08-478453 OUR FILE NO, 18153 SERVICE LIST Ann Rankin, Esq. Terry Wilkens, Esq. LAW OFFICES OF ANN RANKIN 3911 Harrison St. Oakland, CA 94611-4536 {510} 653-8886 — FAX(510) 653-8889 kens(@annrankin.com ATTORNEYS FOR PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION Jobn A. Koeppel, Esq. Todd J. Wenzel, Esq. ROPERS, MAJESKI, JOHN & BENTLEY PC 1001 Marshall Street, Suite 500 Redwood City, CA 94063-2052 (650) 364-8200 — FAX (650) 780-1701 twenzel@rmkb.com smartinez@rmkb.com ikoeppel@rmkb.com ATTORNESY FOR DEFENDANT PROLOGIS; THIRD AND KING INVESTORS LLC; CATELLUS URBAN DEVELOPMENT CORPORATION; CATELLUS DEVELOPMENT CORPORATION; CATELLUS THIRD AND KING INVESTORS LLC; CATELLUS COMMERCIAL DEVELOPMENT CORPORATION; CATELLUS OPERATING LIMITED PARTNERSHIP S. Mitchell Kaplan Gregory Hanson, Esq. GORDON & REES LLP 275 Battery St., Suite 2000 San Francisco, CA 94111 5900 — FAX: (415) 986-8054 ordonrees,com ATTORNEYS FOR WEBCOR BUILDERS, INC. ; WEBCOR CONSTRUCTION, INC., individually and dba WEBCOR BUILDERS: WEBCOR CONSTRUCTION LP, individually and dba WEBCOR BUILDERS Steven M, Cvitanovic, Esq. HAIGHT, BROWN & BONESTEEL ‘71 Stevenson St, 20" Floor San Francisco, CA 94105-2981 {415} 546-7500 — FAX: (415) 546-7505 anovic@hbblaw.com ATTORNEYS FOR DEFENDANTS MISSION PLACE LLC; CENFURION REAL ESTATE PARTNERS, LLC; MISSION PLACE MEZZ HOLDINGS, LLC erroneously named as MISSION PLACE HOLDINGS LLC; MISSION PLACE MEZZANINE, LLC and MISSION PLACE PARTNERS, LLC Kenneth Katzoff, Esq. KATZOFF & RIGGS 1500 Park Ave., Suite 300 Emeryville, CA 94608 (510) 597-1990 — FAX: (510) 597-0295 kkatzoi@katzofitiges.com sshim@katzofiriges.com ATTORNEYS FOR PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION David 8. Webster, Esq, Mark J. D’Argenio, Esq. WOOD, SMITH, HENNING & BERMAN LLP 1401 Willow Pass Rd., Suite 700 Concord, CA. 94520-7982 (925) 356-8200 — FAX: (925) 356-8250 dwebsteri@wshblaw.com méargenio@wshblaw.com ATTORNESY FOR DEFENDANT PROLOGIS; THIRD AND KING INVESTORS LLC; CATELLUS URBAN DEVELOPMENT CORPORATION; CATELLUS DEVELOPMENT CORPORATION; CATELLUS THIRD AND KING INVESTORS LLC; CATELLUS COMMERCIAL DEVELOPMENT CORPORATION; CATELLUS OPERATING LIMITED PARTNERSHIP James L. Shea, Esq. Carol Hastings, Esq. BLEDSOE, CATHCART, DIESTEL, PEDERSEN & TREPPA, LLP 601 California St., 16" Floor San Francisco, CA 94108 (415) 981-5411 — FAX; (415) 981-0352 shea@bledsoelaw.com chastings@bledsoclaw.com ATTORNEYS FOR DEFENDANT/CROSS- COMPLAINANT SHOOTER & BUTTS, INC. Steven H. Schwartz, Esq. ‘Thomas Matteson, Esq. Noel Macaulay, Esq. SCHWARTZ & JANZEN 12100 Wilshire Blvd., Suite 1125 Los Angeles, CA 90025 (310) 979-4090 ~ FAX: (310) 207-3344, sschwartz@ nmacat mnlay(@isj-lawe.com ATTORNEYS FOR DEFENDANTS HKS, INC., HKS ARCHITECTS, INC., HKS, INC., individually and doing business as HKS ARCHITECTS, INC.BEACON RESIDENTIAL COMMUNITY ASSOCIATION y. CATELLUS THIRD AND KING, LLC SAN FRANCISCO SUPERIOR COURT — CASE NO. CGC 08-478453 OUR FILE NO, 18153 William H. Staples, Esq. ARCHER NORRIS 2033 North Main St., Suite 800 Walnut Creek, CA 94596 035) 930-6600 ~ FAX: (925) 930-6620 Adam Brezine, Esq. Julien E. Capers, Esq. BRYAN CAVE LLP 560 Mission St., 25 Floor San Francisco, CA 94105-2994 (415) 268-2000 — FAX: (415) 268-1999 om ATTORNEYS FOR CROSS-DEFENDANTS SOLUTIA, INC, Randell J. Campbell, Esq. LYNCH, GILARDI & GRUMMER 170 Columbus Ave., 5* Floor San Francisco, CA 94133 (415) 397-2800 — FAX: (415) 397-0937 reampbell@lgglaw.com ATTORNEYS FOR ARCHITECTURAL GLASS & ALUMINIUM CO., INC. Christopher T. Olsen, Esq. CLINTON & CLINTON 100 Oceangate, Suite 1400 Long Beach, CA 90802 (562) 216-5078 — FAX: (562) 216-5001 smith@clinton-clinton.com ATTORNEYS FOR THYSSENKRUPP ELEVATOR CORPORATION Kevin P. McCarthy, Esq. Fred ‘Trudeau, Esq MCCARTHY & MCCARTHY, LLP 492 Ninth St,, Suite 220 Oakland, CA 94607 (510) 839-8100 ~ FAX: (510) 839-8108 kmecarthy@mecarthyllp.com firrudeau@mecarihylip.com ATTORNEYS FOR WINDOW SOLUTIONS Brent Basilico, Esq. Christian Lucia, Esq. Denae M. Olivieri, Esq. SELLAR HAZARD & LUCIA 1800 Sutter St., Suite 460 Concord, CA 94520 bbasilicod'sellarlaw.com elucia@isellariaw.com dolivieri@selarlaw.com (925) 938-1430 — FAX: (925) 256-7508, ATTORNEYS FOR ALLIED FIRE PROTECTION, BLUE'S ROOFING COMPANY, CAREFREE TOLAND POOLS, INC., CREATIVE MASONRY, CRITCHFIELD MECHANICAL, INC., CURPERTINO ELECTRIC, F. ROGERS CORPORATION, J.W, MCCLENAHAN CO,, N.V. HEATHORN, INC., VAN-MULDER SHEET METAL, INC., WEST COAST PROTECTION COATINGS, INC., and WESTERN ROOFING SERVICE James P. Castles, Richard C. Young, Esq. ROBLES, CASTLES & MEREDITH 492 Ninth St., Suite 200 Oakland, CA 94607 (415) 632-1586 ~ FAX: (415) 743-9305 fim@ixcmlawgroup.com rick@remlawegronp.com DEFENDANTS SKIDMORE OWINGS & MERRILL LLP