Request,Application: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

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                                MEUM

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-06-2013 8:51 am

Case Number: CGC-08-478453
_ Filing Date: Sep-06-2013 8:51
Filed by: DANIAL LEMIRE
Juke Box: 001 Image: 04191269
GENERIC CIVIL FILING (NO FEE)

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

001004191269

Instructions:
Please place this sheet on top of the document to be scanned.oD MND HW FB WN =

Adam Brezine (SBN: 220852)
adam. brezine@bryancave.com
BRYAN CAVE LLP

560 Mission Street, 25" Floor
San Francisco, CA 94105
Tel: (415) 268-2000

Fax: (415) 268-1999

Attorneys for Cross-Defendant
SOLUTIA INC.

FL County Sunsrior Court

SEP 4- 2013
CLERK-OF 75 CQURT
BY: Deputy Gierk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL COMMUNITY
ASSOCIATION,

Plaintiff,

CATELLUS THIRD AND KING, LLC; et al.

Defendants:

CASE NO. CGC 08-478453

SOLUTIA’S APPLICATION FOR ORDER
DETERMINING GOOD FAITH OF
SETTLEMENT _

(CCP §877.6(a)(2)) ~~

Dept.: 304

Cross-Complaint filed: March 21, 2011
Trial Date: Not Set

WINDOW SOLUTIONS, INC.,

Cross-Complainant,

SOLUTIA INC. and MOES 1-100, Inclusive

>

Cross-Defendants.

1

Solutia Inc.’s Application for Order Determining Good Faith of Settlement
Case No. CGC 08-478453

145087,2COMP I Dw Bw NK

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BRRFRRFRRYERSRBRERETH TE

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that Cross-Defendant Solutia Inc. (Solutia”) and
Defendant/Cross-Complainant Window Solutions, Inc. (“Window Solutions”) hereby apply for an
order of this Court determining that the settlement agreement entered into between them on August
1, 2013, meets the standards for good faith set forth by the California Supreme Court in Tech-Bilt,
Inc. v. Woodward-Clyde & Assoes., 38 Cal. 34. 488 (1985), and is in good faith within the meaning
of Cal. Code of Civil Procedure § 877.6.

The basis, terms, and amount of the settlement are set forth in the Parties’ written agreement,
attached as Ex. A to this Application and incorporated by reference. A proposed order is attached as
Ex. B.

Dated: August 6, 2013 BRYAN CAVE LLP

By: Hou bpins
Adam Brezine

Attomeys for Cross-Defendant
SOLUTIA INC.

2

Solutia Inc.’s Application for Order Determining Good Faith of Settlement
Case No. CGC 08-478453

145057.2EXHIBIT ASETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
A. PARTIES AND PURPOSE:

This Settlement Agreement and Mutual Release of Claims (hereinafter referred to
as "AGREEMENT") is made by, between, and/or on behalf of Window Solutions Inc.,
a California Corporation and Solutia Inc., a Delaware Corporation (collectively referred
to hereinafter as "SETTLING PARTIES.”)

When referred to herein, SETTLING PARTIES, and each of them, include their
heirs, successors, assignees, designees, attorneys, shareholders, members, partners,
officers, directors, managers, employees, employers, principals, affiliates, agents, parent
companies, subsidiary companies, affiliated companies, predecessors-in-intcrest,
successors-in-interest, spouses, children, and insurers.

B. RECITALS:

1. WHEREAS, Beacon Residential Community Association (hereinafter
PLAINTIFF) filed. a Complaint against MISSION PLACE LLC and related entities
(hereinafter “MISSION PLACE”), WINDOW SOLUTIONS INC. (hereinafter
“WINDOW SOLUTIONS”), and additional parties in the Superior Court of California,
County of San Francisco in the action entitled BEACON RESIDENTIAL COMMUNITY
ASSOCIATION v. CATELLUS THIRD AND KING, LLC, et al., San Francisco County
Superior Court Case No. CGC 08-478453 (hereinafter, referred to as the "ACTION”,
which term includes all actions and cross-actions in CGC 08-478453.)

2. WHEREAS, MISSION PLACE filed a cross-complaint in the ACTION
against WINDOW SOLUTIONS and other parties;

3. WHEREAS, WINDOW SOLUTIONS filed a cross-complaint in the
ACTION against SOLUTIA;

4, WHEREAS, SETTLING PARTIES now desire to settle all of their
disputes with one another arising out of the ACTION, in order to avoid the uncertainties
and costs of litigation;

5. WHEREAS, the subject matter of this dispute is alleged design,
construction, and product defects regarding the construction of the building complex at
250 — 260 King Street, San Francisco, CA (hereinafter “BEACON”), as more fully set
forth in PLAINTIFF'S operative complaint in the ACTION;

6. WHEREAS, it is the intent of SETTLING PARTIES to settle and release
one another from all claims arising out of and related to the ACTION regarding any
alleged design, product or construction defects at the BEACON, or related cross-claims

SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
BEACON RESIDENTIAL COMMUNITY ASSOCIATION v. CATELLIUS THIRD AND KING, LLC, et al.
Page 1for indemnity or contribution, that have previously existed, may now exist, or may exist
in the future, pursuant to the terms and conditions of this AGREEMENT;

NOW, THEREFORE, in consideration of the covenants contained herein, the
SETTLING PARTIES do hereby agree as follows:

CG SETTLEMENT TERMS:

L Incorporation of Recitals. The Recitals above are incorporated by
reference as though set forth hereinafter.

2. California Code of Civil Procedure §877.6. This AGREEMENT is
contingent upon a determination by the Court that the settlement is made in good faith,
pursuant to California Code of Civil Procedure §877.6.

3. Settlement Payment. SOLUTIA shall pay to WINDOW SOLUTIONS
the sum of $20,000.

(a) SOLUTIA shall tender the settlement payment to counsel for
WINDOW SOLUTIONS no later than 15 days after the latter of either, the
transmission of WINDOW SOLUTIONS? signature to SOLUTIA’S
counsel of record, or after the date of the Court’s Order granting
SOLUTIA’S Application for Determination of Good Faith Settlement.
SOLUTIA’S settiement check shall be made payable to the “McCarthy &
McCarthy, LLP Client Trust Account.”

(b) SETTLING PARTIES expressly agree that WINDOW
SOLUTIONS’ consideration for this AGREEMENT is its release of any
and all claims against SOLUTIA which arise out of the ACTION.

4, Dismissals. SETTLING PARTIES agree to dismiss, with prejudice, any
cross-complaints they asserted against each other in the ACTION.

5. Release of Claims. For and in consideration of the settlement terms
described herein, WINDOW SOLUTIONS and SOLUTIA, and each of them, do hereby
fully, forever, finally, generally, and completely release, relieve, acquit, remise, and
discharge one another, and each of them, and any and all of their past and present agents,
Servants, representatives, employees, partners, predecessors, successors, divisions,
affiliates, officers, directors, managers, principals, agents, members, descendants,
ancestors, dependents, heirs, executors, administrators, assigns, assignors, assignees,
related individuals and entities, attomeys, accountants, experts, designees, shareholders,
insurers, parent companies, subsidiary companies, affiliated companies and corporations,
predecessors-in-interest, successors-in-interest, and other agents and representatives of all

SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
BEACON RESIDENTIAL COMMUNITY ASSOCIATION v. CATELLIUS THERD AND KING, LLC, et al.
Page 2kinds (all such persons or entities being released, and who are collectively referred to
hereinafter as the "RELEASEES"), from any and all claims, demands, rights, causes of
action, liens, assignments, contracts, covenants, actions, suits, obligations, warranties,
damages, losses, controversies, judgments, orders, attorneys’ fees, and liabilities
whatsoever, of any kind and nature, at equity or otherwise, whether now known or
unknown, fixed or contingent, suspected or unsuspected, latent or patent, concealed or
hidden (collectively referred to hereinafter as "CLAIMS"), which have existed, may have
existed, or do exist, or which hereafter can, shall, or may exist, which directly or
indirectly pertain to the ACTION. WINDOW SOLUTIONS specifically acknowledges
that this AGREEMENT covers any potential claim it might have had against SOLUTIA
for contribution or indemnity as a result of some future event in the Action, including but
not limited to a finding of liability against WINDOW SOLUTIONS in favor of any other

party.

6. Waiver of Rights under Civil Code §1542. SETTLING PARTIES, and
each of them, expressly acknowledge that they have received the advice of legal counsel
concerning the provisions of California Civil Code §1542, and are familiar with the
provisions of said section which provide as follows:

"A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her
Favor at the time of executing the release, which if known
by him or her must have materially affected his or her
settlement with the debtor.”

SETTLING PARTIES farther acknowledge that they may have sustained damage,
loss, cost, or expense that is presently unknown or unsuspected, and that such damage,
loss, cost, or expense as may have been sustained may give rise to additional damage,
Joss, cost, or expense in the future. Nevertheless, SETTLING PARTIES acknowledge
that this AGREEMENT has been negotiated and agreed upon in light of this situation,
and they hereby expressly waive any and all rights they have under California Civil Code
§1542, or under any other state or federal statutes or common law principle of similar
effect, with respect to the releases they provide herein.

7. Independent Judgment. Each of the SETTLING PARTIES executes this
AGREEMENT, acting upon his or her independent judgment and with the advice of his
or her respective Jegal counsel without any representations or inducements, express or
implied, of any kind or nature, from cach to the other, or fram any other party, except as
specifically set forth herein,

8. Ownership of Claims. SETTLING PARTIES warrant that they have
authority to release each other as provided for in this AGREEMENT. SETTLING
PARTIES represent and warrant that they are the sole and rightful owners of all rights,
titles, and interests in every claim or other matter which they release herein on their own

SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
BEACON RESIDENTIAL COMMUNITY ASSOCIATION v. CATELLIUS THIRD AND KING, LLC, et al.
Page 3behalf and have not heretofore assigned or otherwise transferred any interest in any claim
thai they have or may have against any of the other SETTLING PARTIBS. It is agreed
that this provision is a material part of the AGREEMENT.

9. Legat Representation. In reaching this settlement and signing this
AGREEMENT, both SETTLING PARTIES have been counseled and recommended to
seek the advice of an attorney to discuss the facts and circumstances of the ACTION and
settlement reached, and the terms and conditions of this AGREEMENT.

D. GENERAL PROVISIONS:

1. Incorporation of Recitals. The Recitals above are incorporated by
reference as though set forth hereinafter.

2. Binding Effect. This AGREEMENT shall be binding upon the
successors, heirs, assigns, lien claimants, personal representatives, and all others
including, but not limited to, individuals, partnerships, and corporations connected with
the subject matter previously mentioned herein in this AGREEMENT.

3. Fees and Costs. The SETTLING PARTIES each bear their own costs,
including attorneys’ fees, incurred in defending or prosecuting the ACTION, including
the preparation, drafting, and execution of this AGREEMENT and to the compliance
with their respective obligations as set forth herein. Notwithstanding the foregoing,
SETTLING PARTIES expressly do not release or waive any rights they may have to
recover costs, including attorneys’ fees from any party other than the SETTLING
PARTIES and/or RELEASEES.

4, No Admissions. This AGREEMENT is entered into solely for purposes
of compromise of disputed claims, and each Party expressly agrees and acknowledges
that SETTLING PARTIES, and each of them, have not admitted, and by execution and
performance of this AGREEMENT, do not admit, any liability, wrongdoing, or
obligation to any other parties.

5. Inclusive Language. Whenever in this instrument the context requires
the masculine, feminine, and/or neutral gender, each shall be deemed to include the other,
and the singular and plural are each deemed to refer to the other.

6. Enforcement and Disputes. The SETTLING PARTIES hereby
acknowledge, agree and stipulate that each has the right to enforce any provision of this
AGREEMENT by filing any appropriate action, proceeding, or motion, including without
limitation, a motion pursuant to California Code of Civil Procedure §664.6 or §664.7, in
the appropriate law and motion department of the San Francisco County Superior Court,
where the ACTION is venued, or in the appropriate law and motion department where
any subsequent action is venued. The SETTLING PARTIES further acknowledge, agree

SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
BEACON RESIDENTIAL COMMUNITY ASSOCIATION y, CATELLIUS THIRD AND KING, LLC, et al.
Page 4and stipulate that the Court in the ACTION shall retain jurisdiction over the SETTLING
PARTIES to reopen the ACTION after it is dismissed and to hear any motion brought
pursuant to §664.6 or §664.7.

If any dispute shall arise among the SETTLING PARTIES regarding the
enforcement of the terms and conditions of this AGREEMENT, the “prevailing party"
shall be entitled 10 be reimbursed for all costs, including reasonable attorneys’ fees, and
the San Francisco County Superior Court shall retain jurisdiction to enforce the terms of
the settlement, under Code of Civil Procedure 8664.7.

7 Severability. If any term or provision hereof is illegal or invalid for any
reason whatsocver, such illegality or invalidity shall not affect the validity of the
remainder of this AGREEMENT, unless said term or provision is provided herein to be a
material term or provision of this AGREEMENT.

8. Controlling Law. This AGREEMENT, its validity, the construction of its
terms, and the interpretation of rights and duties of the SETTLING PARTIES hereto,
shall be governed and construed under the laws of the State of California,

9. Counterparts, This AGREEMENT may be executed in one or more
counterparts, and may be cxecuted via facsimile or electronic mail, each of which, after
each of the SETTLING PARTIES has signed and delivered at least one such counterpart
to the other SETTLING PARTY, shall have the same force and effect as an original
executed by each SETTLING PARTIES.

10,‘ Fully-Integrated Contract. This AGREEMENT contains the entire
settlement and release of the SETTLING PARTIES, and the terms of this AGREEMENT
are contractual.

li. Modification. No modification, amendment, or waiver of any of the
provisions contained in this AGREEMENT shall be binding unless made in writing and
signed by both of the SETTLING PARTIES and/or by their duly authorized officers or
agents.

12. Third Party Beneficiaries. This AGREEMENT is not intended, nor
shall it be construed, to create or confer any rights or benefits in anyone not a party hereto
except as expressly provided herein. Notwithstanding the foregoing, the RELEASEES
and all others included in the definitions of SETTLING PARTIES, and each of them, are
beneficiaries of this AGREEMENT.

13. Drafting. The SETTLING PARTIES hereby acknowledge and agree that
the drafting and finalizing of this AGREEMENT is the product of a joint-effort by each
SETTLING PARTY, and/or their respective legal counsel, and that, as a result, any
ambiguity in this AGREEMENT shall not be interpreted to the detriment of any party to

SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
BEACON RESIDENTIAL COMMUNITY ASSOCIATION y. CATELLIUS THIRD. AND KING, LLC, et al.

Page 5this AGREEMENT oh any basis, including an dpplicdtion of any stattory or common
law rule that say interpret ambiguity against the drafting party,

14. Factual Uncertainty, The SETTLING PARTIES herey acknowledge
that each may hereaNer discover facts different from, and in-addition to, thoso that each
tiow knows or believes to be Inie with respect to the Claims and otlier matters: berein.
released, and egch agrees that this AGREEMENT shall be and semain ‘in full force and
‘effect in all rospécts, notwithstanding any such different or additiozial facts, :

IN WITNESS WHEREOF the SETTLING PARTIES hereto have-accepfed,
this AGREEMENT on the dates specified below.

APPROVED AS,T9 FORM: BRYANCAVE
DATED: Uf 26/13 By.
ADAM BREZINGESQ.
Allomeys for SOLUTIA INC.
APPROVED AS-TO- FORM: McCARTHY & MeCARTHY, LLP

Jy 3 a
paren.“ ZAL 13 BY:

PHILIP BAZZANO, ESO,
‘Altshriays For WINDOW.
SOLUTIONS, INC.
SETTLING PARTY
patep, Sely 1S, Zorg BYE

Edwin Williamson,
Authorized Representitive: of
SOLUTIA INC. a Delaware,
Corporation.

SELTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
BEACON RESIDENTIAL COMMUNETY ASSOCIATION ¥- CATRELIUS THERDLAND KING; 16, of al,
‘BEE“arrange

be
i
SETTLING PARTY ke
DATED: 0g / of /; JAX BY: i
Paul Murphy, :
Authorized Representative of
WINDOW SOLUTIONS,
INC. a California
Corporation

B
5

“CREE TUT antiRe ct eama ra une eRMNERRIRR

SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
BEACON RESIDENTIAL COMMUNITY ASSOCIATION ¥. CATELLIUS THIRD AND KING, LLC, et al.
Page?EhEXHIBIT BCoN DH FF YN

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12

FILED.

SEP 4 ~ 2013

Co iF COURT
‘Bapusy Clerk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL COMMUNITY
ASSOCIATION,

Plaintiff,

CATELLUS THIRD AND KING, ELC; et al.

Defendants.

CASE NO, CGC 08-478453
“4,
ORDER DETERMINING
GOOD FAITH OF SETTLEMENT (CCP
§877.6(a}(2))

Dept:

Cross-Complaint filed: March 21,2011
Trial Date: Not Set

304

WINDOW SOLUTIONS, INC.,

Cross-Complainant,

SOLUTIA INC. and MOES 1-100, Inclusive,

Cross-Defendants.

t

[PeesSeed] Order Determining Good Faith of Settlement
Case No. CGC 08-478453

145057,2This Court finds that ali notices required by law have been given. Twenty-five days have
passed since notice of the above application was mailed to all of the parties 1o this action, and no
notice of motion for hearing on the application has been filed with this Court. The Court therefore
DETERMINES AND RULES that the settlement between Cross-Defendant Solutia Inc. (“Solutia”)
and Defendant/Cross-Complainant Window Solutions, Inc. (“Window Solutions”) is in good faith
within the meaning of Code of Civ. Proc. §877 and §877.6, and shall have the effect under law as

provided by those Sections.

Dated: Sybebe 3. 2013
SG AN

Hon. Curtis Karnow

Judge of the Superior Court

2

Pega) Order Determining Good Faith of Settlement
Case No. CGC 08-478453
1450872oO em IR DW FF YW NY

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Se TDA A PF OH OY = SBC we IY AH BF WH KH SO

PROOF OF SERVICE

J am employed in the City and County of San Francisco, California. | am over the age of 18
and not a party to the within action. My business address is: 560 Mission Street, 25" Floor, San
Francisco, CA 94105, and my email address is: margarita.bermudez(@bryancave.com.

On August 6, 2013, ] caused to be served on the interested parties in said action the within:

SOLUTIA’S APPLICATION FOR ORDER DETERMINING GOOD FAITH OF
SETTLEMENT AND [PROPOSED] ORDER

on each interested party in this action, as follows:
See Attached Service List

(BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED) J am “readily familiar® with
the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be
deposited with U.S. posta! service on that 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.

C1 @Y FACSIMILE) I caused said document to be transmitted to a facsimile machine maintained
by the office of the addressee(s) at the facsimile machine number(s) indicated. Said facsimile number(s) are
the most recent numbers appearing on documents filed and served by the addressee(s). I received electronic
confirmation from the facsimile machine that said document was successfully transmitted without error.

(1 BY OVERNIGHT DELIVERY) Depositing the above document(s) in a box or other facility
regularly maintained by FedEx in an envelope or package designated by FedEx with delivery fees paid or
provided for.

CO GY PERSONAL DELIVERY) | caused document(s) to be hand delivered via Nationwide
Legal LLC to party by close of business day today.

1 @yY ELECTRONIC SERVICE) | caused a true copy of the foregoing document(s) to be served
by electronic transmission to each interested party shown through the Northern California District Court’s
ECF website.

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

Executed on August 6, 2013, at San Francisco, California.

Marg:

2
Proof of Service
Case No. CGC 08-478453

#98860.vi sateon A Ww FF WY DY

SERVICE LIST

Kenneth S. Katzoff, Esq.
Robert R. Riggs, Esq.
Sung E. Shim, Esq.
KATZOFF & RIGGS
1500 Park Avenue, #300
Emeryville, CA 94608

Telephone: (510) 597-1990

Facsimile: (510) 597-0295

E-mail: kkatzoff@katzoffriggs.com
rriggs@katzoffriggs.com

sshim@katzoffriggs.com
Counsel for Plaintiff THE BEACON RESIDENTIAL
COMMUNITY ASSOCIATION

Ann Rankin, Esq.

Terry Wilkens, Esq.

LAW OFFICES OF ANN RANKIN

3911 Harrison Street

Oakland, CA 94611

Telephone: (510) 653-8886.

Facsimile (510) 653-8889

E-mail: arankin@annrankin.com
twilkens@annrankin.com

Counsel for Plaintiff THE BEACON RESIDENTIAL

COMMUNITY ASSOCIATION

William H. Staples, Esq.

Dana Duncan, Esq.

ARCHER NORRIS

2033 North Main Street, Suite 800

‘Walnut Creek, CA 94596

‘Telephone: (925) 930-6600

Facsimile: (925) 930-6620

E-mail: wstaples@archernorris.com
dduncan@archernorris.com

Counsel for Defendant ANNING-JOHNSON COMPANY

Steven E. McDonald, Esq.

Colin Larson, Esq.

BLEDSOE, CATHCART, DIESTEL, PEDERSON &
TREPPA, LLP

601 California Street, 16" Floor

San Francisco, CA 94108

Telephone: (415) 983-5411

Facsimile: (415) 983-0352

E-mail: smcedonald@bledsoelaw.com
Counsel for Defendant SHOOTER & BUTTS, TNC.

Christopher Olsen, Esq.
CLINTON & CLINTON
100 Oceangate, 14" Floor
Long Beach, CA 90802

Telephone: (562) 216-5000
Facsimile: (§62-216-5001
Email: colsen@clinton-clinton.com

Counsel for Defendant THYSSENKRUPP ELEVATOR
CORPORATION

Samuel Muir, Esq.

Erin Dunker, Esq.

COLLINS COLLINS MUIR + STEWART LLP
1100 El Centro Street

South Pasadena, CA 91030

Telephone: (626) 243-1100
Facsimile: (626) 243-1111
Email: smuir@ccmslaw.com

edunkerly@ccmslaw.com
Counsel for Defendant WEBCOR CONSTRUCTION,
INC. DBA WEBCOR BUILDERS; WEBCOR,
BUILDERS, INC.; WEBCOR CONSTRUCTION LLP

3

Proof of Service
Case No. CGC 08-478453

#98860.V1 saf—

oOo 8 NY AW FF WN

Qo oo

13

S$. Mitchell Kaplan, Esq.

Gregory Hanson, Esq.

GORDON & REES LLP

275 Battery Street, Suite 2000

San Francisco, CA 94111

Telephone: (415) 986-5900

Facsimile: (415) 986-8054

E-mail: skaplan@gordonrees.com
ghanson@gordonrees.com

Counsel for Defendants WEBCOR CONSTRUCTION,

INC. DBA WEBCOR BUILDERS; WEBCOR

BUILDERS, INC.; WEBCOR CONSTRUCTION LP

Steven M. Cvitanovic, Esq.

Zachary Shine, Esq.

Robert Tobey, Esq.

HAIGHT, BROWN & BONESTEEL LLP
71 Stevenson Street, 20" Floor

San Francisca, CA 94105

Telephone: (415) 546-7500
Facsimile: (435) 546.7505
E-mail: scvilanovic@hbblaw.com

zshine@hbblaw.com

rtobey@hbblaw.com.
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; AND CENTURION
PARTNERS LLC

Randel J. Campbell, Esq.

Arif Virji, Esq.

LYNCH, GILARDI & GRUMMER
170 Columbus Avenue, 5“ Floor
San Francisco, CA 94133

Telephone: (4£5) 397-2800

Facsimile: (415) 397-0937

E-mail: reampbell@igglaw.com
AVinji@igglaw.com

Counsel for Defendant ARCHITECTURAL GLASS AND
ALUMINUM CO., INC.

Kevin P, McCarthy, Esq.

Philip Bazzano, Esq.

MCCARTHY & MCCARTHY, LLP

The Arlington Building

492 Ninth Street, Suite 220

Oakland, CA 94607

Telephone: (510) 839-8100

Facsimile: (510) 839-8108

E-mail: kmecarthy@mccarthyllp.com
pbazzano@mecarthylip.com

Counsel for Cross-Defendant WINDOW SOLUTIONS,

INC.

John A. Koeppel, Esq.

Todd J. Wenzel, Esq.

ROPERS, MAJESKI, KOHN & BENTLEY
201 Spear Street, 10" Floor

San Francisco, CA 94105

Telephone: (415) 543-4800
Facsimile: (415) 972-6301
E-mail: Jkoeppel@rmkb.com

twenzel@ropers.com
Counsel for Defendants 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

Steven H. Schwartz, Esq.

Noel Macaulay, Esq.
SCHWARTZ & JANZEN, LLP
12100 Wilshire Blvd., Suite 1125

Los Angeles, CA 90025
.| Telephone: (310) 970-4090
Facsimile: (310) 207.3344

sschwartz@)sj-law.com

. nmacaulay@sj-law.com

Counsel for Defendants HKS, INC., INDIVIDUALLY
AND DBA HKS ARCHITECTS, INC.

E-mail:

Proof of Service
Case No. CGC 08-478453

498860.v1 satoD Om YW DH RB YY =

yom RP NY NY NNN a a a ee
Be@RRRBRERSSEARAEARBREA

Christian P. Lucia, Esq.

Brent Basilico, Esq.

SELLAR HAZARD MANNING FICENEC & LUCIA
1800 Sutter Street, Suite 460

Concord, CA 94520

Telephone: (925) 938-1430
Facsimile: (925) 256-7508
E-mail: clucia@sellarlaw.com

Bhasilico@sellarlaw.com
Counsel for Defendants CUPERTINO ELECTRIC, INC.;
CREATIVE MASONRY, INC.; CAREFREE TOLAND
POOLS, INC.; J.W. MCCLENAHAN, INC.; N.V.
HEATHORN, INC.; CRITCHFIELD MECHANICAL,
INC.; WEST COAST PROTECTIVE COATING, INC,;
BLUE’S ROOFING COMPANY; VAN-MULDER
SHEET METAL, INC.; F. ROGERS CORPORATION;
ROOFING CONSTRUCTORS, INC., DBA WESTERN
ROOFING SERVICE; ALLIED FIRE PROTECTION,
INC.

Charles A. Hansen, Esq.

Peter J. Laufenberg, Esq.

Gregory K. Jung, Esq.

WENDEL, ROSEN, BLACK & DEAN LLP
1111 Broadway, 24" Floor

Oakland, CA 94607

Telephone: (510) 834-6600
Facsimile: (510) 834-1928
E-mail: plaufenberg@wendel.com

gjung@wendel.com

chansen@wendel.com
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; AND CENTURION
PARTNERS LLC

David S, Webster, Esq.

Mark J, D’Argenio, Esq.

WOOD, SMITH, HENNING & BERMAN, LLP
1401 Willow Pass Road, Suite 700

Concord, CA 94520

Telephone: (925) 222-3400
Facsimile: (925) 356-8250
E-mail dwebster@wshblaw.com

mdargenio@wshblaw.com
Counsel for Defendants 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

5

Proof of Service
Case No. CGC 08-478453

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