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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 
						
                                
Preview

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Steven M. Cvitanovic (Bar No. 168031)

Zachary W. Shine (Bar No. 271522)

HAIGHT BROWN & BONESTEEL LLP

Three Embarcadero Center, Suite 200 ELE!

San Francisco, California 94105-2981 CTRONICALLY

Telephone: (415) 546-7500 FILED

Facsimile: (41 5) 546-7505 Superior Court of California,
County of San Francisco

Attorneys for Defendants and Cross-Complainants Mission Place LLC; Misdibhi2dn20d 4

Holding LLC; Mission Place Mezzanine LLC, Mission Place Partners LLCOGenthutdhR Gdurt

Estate Investors IV, LLC; and Centurion Real Estate Partners, LLC (sued BY itiibaih vidio aid

erroneously sued as Centurion Partners LLC) Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF SAN FRANCISCO

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BEACON RESIDENTIAL COMMUNITY
ASSOCIATION,

Case No. CGC 08-478453

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NOTICE OF MOTION AND MOTION TO
ENFORCE COURT’S JANUARY 15, 2014
ORDER GRANTING MISSION PLACE’S
MOTION FOR SUMMARY

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Plaintiff, }
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CATELLUS THIRD AND KING LLC, et al., } ADJUDICATION
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Defendants.

Date: August 6, 2014

Time: 10:30 a.m.

Dept: 303

Judge: Hon. Richard A. Kramer

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AND RELATED CROSS-ACTIONS

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that on August 6, 2014, at 10:30 a.m., or as soon thereafter as

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the matter may be heard in Department 303 of the above-entitled court, located at 400 McAllister

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Street, San Francisco, California, Defendants and Cross-Complainants Mission Place LLC,

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Mission Place Mezz Holding LLC, Mission Place Mezzanine LLC, Mission Place Partners LLC,

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24 || Centurion Real Estate Investors IV, LLC, and Centurion Real Estate Partners, LLC (sued in its

25 Jown name and erroneously sued as Centurion Partners LLC) (collectively “Mission Place”), will
26 | and hereby do move this Court for an order enforcing the Honorable Richard A. Kramer’s January
27 | 15, 2014 Order Granting Mission Place’s Motion for Summary Adjudication against Defendants

28
LAW OFFICES 1
HAIGHT, BROWN & MOTION TO ENFORCE COURT’S JANUARY 15, 2014 ORDER GRANTING
BONESTEEL, LP, | ZU22 2000082 MISSION PLACE’S MOTION FOR SUMMARY ADJUDICATION

‘San Francisco 100848111oc 0 ® NIN DO OR FF WH NHN

12

LAW OFFICES

HAIGHT, BROWN &
BONESTEBL, LLP.
San Francisea

and Cross-Defendants Webcor Construction, Inc., dba Webcor Builders, Inc. (“Webcor”) and
HKS Architects, Inc. (“HKS”) (the “Order”).

This motion is made on the grounds Webcor and HKS have acted, and continue to act, in
direct violation of, and in total disregard for, the Court’s Order by refusing to immediately defend
Mission Place pursuant to the express terms of the Order. The Order expressly declared that
Webcor and HKS owe an immediate defense to Mission Place consistent with the principals set
forth in Crawford et al. v. Weather Shield Mfg. Inc. (2008) 44 Cal. 4th 541, UDC-Universal
Development v. CH2M Hill (2010) 181 Cal. App. 4th 10 and California Civil Code Section
2778(4). The Court also ruled that, in declaring a defense is owed pursuant to the terms of the
respective contracts and these cases, the defense obligation was in fact triggered by the tender of
defense by Mission Place and that Webcor and HKS had a duty to defend immediately upon the
tender of defense. Nonetheless, although Mission Place has attempted to convince Webcor and
HKS to follow through with their obligations under the Order on numerous occasions, Webcor and
HKS continue to refuse to abide by the Court’s Order. As such, Mission Place has been forced to
seek this order from the Court enforcing its January 15, 2014 Order.

This Motion is made pursuant to California Code of Civil Procedure sections 128(a)(4) and
177(2), and is based upon this Notice, the accompanying Memorandum of Points and Authorities,
the Declaration of Steven M. Cvitanovic, the Court’s files and records, the oral arguments of

counsel, and any further evidence the Court may deem necessary for a full hearing on the motion.

Dated: June 24, 2014 ESTEEL LLP

Steven M.
Zachary W. Shine

Attorneys for Defendants
Mission Place LLC, et al.

2
MOTION TO ENFORCE COURT'S JANUARY 15, 2014 ORDER GRANTING
ee MISSION PLACE’S MOTION FOR SUMMARY ADJUDICATION