Motion-Secondary: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

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Collins Collins
Muir + Stewart up
11766 El Centro Street

So, Pa cA gt030
Phone (028) 203-1 100
Pax (626) 249-1114

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 Su FILED |
(626) 243-1100 — FAX (626) 243-1111 County of San Francisco
MAR 29 2013
Sandy M. Kaplan, Esq. (State Bar No. 095065) Clerk of the Court
Gregory T. Hanson, Esq. (State Bar No. 201395) BY: ANNIE PASCUAL
GORDON & REES LLP Deputy Clerk

275 Battery Street, Suite 2000

San Francisco, CA 94111

(415) 986-5900 — FAX: (415) 986-8054

Attorneys for Defendants Webcor Construction, Inc.; Webcor Builders, Inc.; Webcor Construction,
Inc. dba Webcor Builders on its own behalf and erroneously sued as Webcor Construction LP dba
Webcor Builder

Steven M. Cyitanovic, Esq. (State Bar No. 168031)

HAIGHT BROWN & BONESTEEL LLP

71 Stevenson Street, 20th Floor

San Francisco, CA 94105

(415) 546-7500 ~ FAX: (415) 546-7505

Attorneys for Defendants Mission Place LLC; Mission Place Mezz Holding LLC; Mission Place
Mezzanine LLC; Mission Place Partners LLC; Centurion Real Fistate Investors IV, LLC; and
Centurion Real Estate Partners, LLC (sued in its own name and erroneously sued as Centurion
Partners LLC)

John A, Koeppel, Esq. (State Bar No, 71526)
Todd J. Wenzel, Esq. (State Bar No. 158880)
ROPERS, MAJESKIL, KOHN & BENTLEY
201 Spear Street, 16th Floor

San Francisco, CA 94105

(415) 543-4800 — FAX: (415) 972-6301

David 8S. Webster, Esq. (State Bar No. 154301)

WOOD, SMITH, HENNING & BERMAN, LLP

1401 Willow Pass Road, Ste. 700

Concord, CA 94520

(925) 356-8200 ~ FAX: (925) 356-8250

Attorneys for Defendants Catellus Development Corporation, Catellus Commercial Development
Corp., Catellus Operating Limited Partnership, Successor to Catellus Development Corp., Catellus
Third and King LLC, and Third and King Investors, LLC, ProLogis

William H. Staples, Esq. (State Bar No. 64633)
Toana R. Mondescu (State Bar No. 209471)
ARCHER NORRIS APC

2033 North Main Street, Suite 800

18153

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EXHIBIT G TO DECLARATION OF WEBSTER RE JOINT OPP TO MTN TO SEVEReC eM DH kk Ww

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Collins Collins
Muir + Stewart up
11766 El Centro Street

So, Pa cA gt030
Phone (028) 203-1 100
Pax (626) 249-1114

Walnut Creek, CA 94596
(925) 930-6600 ~ FAX: (925) 930-6620
Attorneys for Defendant and Cross-defendant Anning-Johnson Company

Randel J. Campbell, Esq. (State Bar No. 209324)

LYNCH, GILARDI & GRUMMER

A Professional Corporation

170 Columbus Avenue, 5th Floor

San Francisco, CA 94133

(415) 397-2800 — FAX: (415) 397-0937

Attorneys for Defendant Architectural Glass and Aluminum Co., Inc.

Christian P. Lucia, Esq. (State Bar No. 203567)

Brent F. Basilico, Esq. (State Bar No. 197159)

SELLAR HAZARD MANNING FICENEC & LUCIA APC

1800 Sutter Street, Suite 460

Concord, CA 94520

(925) 938 -1430 - FAX: (925) 256- 7508

Attorneys for Defendants and Cross-defendants Cupertino Electric, Inc.; Creative Masonry, Inc.;
Carefree Toland Pools, Inc.; J-W. McClenahan, Inc.; Van-Mulder Sheet Metal, Inc.; N.V. Heathorn,
Inc.; Critchfield Mechanical, Inc.; Blue’s Roofing Company; West Coast Protective Coatings;
Allied Fire Protection: F. Rodgers Corporation: Western Roofing Service

Kevin P, McCarthy, Esq.

Philip T. Bazzano, Esq.
MCCARTHY & MCCARTHY, LLP
492 Ninth St., Suite 220

Oakland, CA 94607

(510) 839-8100 — FAX: (510) 839-8108
Attorneys for Window Solutions

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]

EXHIBIT G TO DECLARATION OF DAVID S,
WEBSTER IN SUPPORT OF DEFENDANTS’
JOINT OPPOSITION TO PLAINTIFF'S
MOTION FOR SEPARATE TRIAL OF

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Plaintiff, )
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CATELLUS THIRD AND KING, ) CLAIMS AGAINST SKIDMORE OWINGS
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VS.

LLO;CATELLUS DEVELOPMENT MERRILL, LLP AND HKS AND TO RESET
CORPORATION; CATELLUS CASE FOR TRIAL ON JUNE 3, 2013
COMMERCIAL DEVELOPMENT CORP.;
CATELLUS OPERATING LIMITED
PARTNERSHIP; CATELLUS URBAN
DEVELOPMENT CORPORATION; THIRD

18153

DATE: April 10, 2013
TIME: 10:00 a.m.
DEPT: 304

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EXHIBIT G TO DECLARATION OF WEBSTER RE JOINT OPP TO MTN TO SEVER1 AND KING INVESTORS LLC; PROLOGIS; )
MISSION PLACE, LLC; MISSION PLACE )
2 MEZZANINE LLC; MISSION PLACE )
MEZZ HOLDINGS LLC; MISSION PLACE )
PARTNERS LLC; CENTURION REAL
ESTATE INVESTORS IV, LLC;
CENTURION REAL ESTATE 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

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) Complaint Filed: 08/08/08
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BUILDERS; SKIDMORE OWINGS & )
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Trial Date: None

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MERRILL LLP; HKS, INC.; HKS
ARCHITECTS, INC.; HKS, INC.

W individually and doing business as HKS
ARCHITECTS, INC. and DOES 1| through

12 |/200,
13 Defendants.
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Collins Collins
Muir + Stewart uo] '*15

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Shvrnendenn ca 97089

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Wendal, Rosen, Black & Dean LLP

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a.
RECEIVED” ”

AUG 31 2008)

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Charles A. Hansen (Bar No. 75619), a
Peter J. Laufenberg (Bar No. 172979 too Savior Court
WENDEL, ROSEN, BLACK & DEAN LLP San Francisco County Superior
1111 Broadway, 24th Floor SEP 02 2009

Oakland, California 94607-4036

Telephone: (510) 834-6600 aK
Facsimile: (S10) 834-1928 oe eee rape

Deputy Clerk
Steven M. Cvitanovic (Bar No. 168031)
J. Alan Warfield (Bar No. 186559)
HAIGHT BROWN & BONESTEEL LLP
71 Stevenson Street, 20th Floor
San Francisco, California 94105-2981
Telephone: (415) 546-7500
Facsimile: (415} 546-7505

Attorneys for Defendants

Mission Place LLC; Mission Place Mezz Holding
LLC; Mission Place Mezzanine LLC; Mission Place
Partners LLC; Centurion Real Estate Investors IV,
LLC; and Centurion Real Estate Partners, LLC (sued
in its own name and erroneously sued as Centurion
Partners LLC)

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

BEACON RESIDENTIAL COMMUNITY Case No. CGC-08-478453
ASSOCIATION,

. [PROBSSBD] ORDER GRANTING
Plaintiff, DEFENDANT MISSION PLACE LLC’S
vs. MOTION FOR JUDICIAL REFERENCE
CATELLUS THIRD AND KING LLC; Date: August 12, 2009
CATELLUS DEVELOPMENT _ Time: 9:30 am
CORPORATION; CATELLUS Dept: 304
COMEMRCIAL DEVELOPMENT Judge: Hon. Richard A. Kramer

CORP.; CATELLUS OPERATING
LIMITED PARTNERSHIP; CATELLUS
URBAN DEVELOPMENT; THIRD AND
KING INVESTORS LLC; PROLOGIS;
MISSION PLACE LLC: MISSION
PLACE MEZZANINE LLC: MISSION
PLACE MEZZHOLDINGS LLC;
MISSION PLACE PARTNERS LLC:
CENTURION REAL ESTATE
INVESTORS IV, LLC; CENTURION
REAL ESTATE PARTNERS LLC;
CENTURION PARTNERS LLC;

813476.901511512970.8

‘Bape ORDER GRANTING DEFENDANT MISSION PLACE LLC'S MOTION FOR JUDICIAL REFERENCEiy

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013476.00191912370,.

WEBCOR CONSTRUCTION, INC.
WEBCOR BUILDERS, INC; WEBCOR

|, CONSTRUCTION, INC. individually and

doing business as WEBCOR BUILDERS;
SKIDMIORE CWINGS & MERRILL
LLP; HKS, INC.; HKS ARCHITECTS,
INC.; HKS, INC. individually and doing
business as HKS ARCHITECTS, INC. and
DOES 1 through 200,

Defendants.

The Motion to Compel Judicial Reference (“Motion”) filed by Defendants Mission Place
LLC, Mission Place Mezz Holding LLC, Mission Place Mezzanine LLC, Mission Place Partners
LLC, Centurion Real Estate Investors IV, LLC; and Centurion Real Estate Partners, LLC (sued in
its own name and erroneously sued as Centurion Partners LLC) (hereinafter for convenience only,
the “Mission Place-related Defendants”) came on for hearing in Department 304 of this Court at
9:30 a.m. on August 12, 2009, the Honorable Richard A. Kramer, Judge Presiding.

Counsel appeared as follows:

ay Peter J. Laufenberg and Steven M. Cvitanovic appeared for the Mission Place~
related Defendants;

b) Julie M, Mouser appeared for Plaintiff Beacon Residential Community
Association (“HOA”);

c} Ranjani Ramakrishna appeared for Defendant Skidmore Owings & Merrill LLP;

d) Steven H. Schwartz appeared for Defendants HKA, Inc.; HKS Architects, Inc.;
HKS, Inc.;

s) David S. Webster appeared for Defendants 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 and Webcor Builders, Inc.; Webcor Construction, Inc.,
individually and dba Webcor Builders; Webcor Construction LP, individually and dba Webcor
Builders;

f) Todd J. Wenzel appeared for Defendants Catellus Development Corporation;
-2-

PREIS] ORDER GRANTING DEFENDANT MISSION PLACE LLC'S MOTION FOR JUDICIAL REFERENCEaking, ca 98607-4098
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Wendel, Rosen, Black & Dean LLP
1511 Broadway, 24% Floor

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OLSeTE OMIT IIIOL

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

After full consideration of the Motion, the memoranda, declarations and exhibits thereto,
requests for judicial notice, and having heard and considered arguments of counsel, the Court
hereby grants the Mission Place-related Defendants’ Request for Judicial Notice and further
grants the Mission Place-related Defendants’ Motion to Compel Judicial Reference as follows:

1 Judicial Reference: All proceedings and issues in this case, whether of fact or law,
between the HOA and the Mission Place-related Defendants, are hereby ordered to general
judicial reference (the “Reference Proceeding). This Order does not apply to the defendants other
than the Mission Place-related Defendants (the “Other Defendants”) who joined in the Motion.
Their respective motions by joinder are denied.

2. Stay: The HOA’s case against defendants other than the Mission Place-related
Defendants (the “Other Defendants”), and any claims by such other Defendants, (including
counterclaims, cross-claims, or third-party claims), are hereby stayed (the “Stayed Part of the
Case”). The stay applies to all litigation activity, including but not limited to discovery and
motion practice, including the various demurrers and motions to strike filed by the Other
Defendants in the Stayed Part of the Case. Such demurrers and motions are hereby taken off
calendar. The stay does not preclude the parties in the Reference Proceeding from directing
discovery to the parties in the Stayed Part of the Case. Because the parties in the Stayed Part of
the Case and the Reference Proceeding are all parties to this San Francisco Superior Court Case
No. CGC-08-478453, the parties in the referenced proceeding may serve such discovery under
CCP sections 2030.010 et seq., 2033.010 et seq. i.e. to the other Defendants as parties, rather than
by subpoena as non parties. Any motions relating to such discovery (e.g. motions to compel or
for a protective order) shall be heard and decided by the judicial referee.

3. Case Management Conference: A case management conference for all parties is
scheduled for February 19, 2010 at 9:30 a.m. in the Complex Case Department of the San

Francisco Superior Court, Department 304. If the Reference Proceeding has not concluded by
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‘(OOERENEB] ORDER GRANTING DEFENDANT MISSION PLACE LLC’S MOTION FOR JUDICIAL REFERENCEOm OR Hh Bm Bm

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Oakland, CA BAGO? 4038
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Wendel, Rosen, Black & Daan LLP
1821 Brvachesy, 2401 Floor

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that date, the parties should so inform the Court by letter and the Court will likely continue the
case management conference to a later date.

4, Opt-In To Reference Proceed! ing With HOA's Written Consent: If agreed to by
the HOA and reflected in a written stipulation and ordered by this Court, any of the Other
Defendants may opt out of the Stayed Part of the Case and into the Judicial Reference
Proceeding. Any such stipulation shall be filed as a Stipulation and Order submitted to the Court
for signature.

5. Extension of Time To Comply With C.C.P. Section 640: The HOA and the
Mission Place-related Defendants shall have to and including September 25, 2009 to comply with
the referee selection procedure set forth in California Code of Civil Procedure Section 640.

6. By agreement of the HOA and the Mission Place-related Defendants, the Mission
Place-related Defendants shall have to and including forty-five (45) days from service of this"
Court’s forthcoming Order Appointing Judicial Reference in which to respond to the HOA’s
Complaint in this matter.

IT IS SO ORDERED.

pate: A~ b- O%

Hon. Richard A. Kramer

APPR STO :

ANGIUS & TERRY

Dated: August 2 l 2009

1 Beacon Residential
dation

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“RORREBRED | ORDER GRANTING DEFENDANT MISSION PLACE LLC'S MOTION FOR FUDICIAL REFERENCE~

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‘Wendel, Rosen, Black & Dean LLP
1159 ron 14 Poe
avend, CA AS07605

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WENDEL, ROSEN, BLACK & DEAN LLP

Dated: Augusted 2009

Charles A. Hansen
Peter J. Laufenberg
Attorneys for Defendants
Mission Place, LLC; Centurion Real Estate
Partners, LLC; Mission Place Mezz
Holding LLC, erroneously named as
Mission Place Holdings LLC; Mission
Place Mezzanine, LLC; and Mission Place
Partners, LLC

WOOD, SMITH, HENNING & BERMAN
LLP

By: - Sr. Dated: Augusta, 2009
David Webster~ ‘
Attorneys for Deft
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 and Webcor Builders, Inc.;
Webcor Construction, Inc., individually
and dba Webcor Builders; Webcor
Construction LP, individually and dba
Webcor Builders

ROPERS, MAJESKI, KOHN & BENTLEY

By: Dated: August , 2009
Todd Wenzel .
Attorneys for Defendants
Catellus Development Corporation;
Cateilus Urban Development Corporation;
Catellus Third and King Investors LLC;
Catellus Commercial Development
Corporation; Catellus Operating Limited
Partnership; Third and King Investors
LLC; and Prologis

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‘Pee; ORDER GRANTING DEFENDANT MISSION PLACE LLC'S MOTION FOR JUDICIAL REFERENCEtnt

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Wendel, Rosen, Black & Dean LLP
1101 Beating, 240 Foe
‘Dang, CA FIT 6038

013-476.0011312370,3

WENDEL, ROSEN, BLACK & DEAN LLP

By: Dated: August , 2009
Charles A. Hansen
Peier J, Laufenberg
Attorneys for Defendants
Mission Place, LLC; Centurion Real Estate
Partners, LLC: Mission Place Mezz
Holding LLC, erroneously named as
Mission Place Holdings LLC; Mission
Place Mezzanine, LLC; and Mission Place
Partners, LLC

WOOD, SMITH, HENNING & BERMAN
Lip

By: Dated: August ___, 2009
David Webster
Attorneys for Defendants
Prologis; Third and King Investors LLC;
Catellus Urban Development Corporation;
Catellus Development Corporation;
Catellus Third and King Investors LLC;
Catellus Commercial Oar
Corporation; Catellus Operating Limited
Partnership and Webcor Builders, Inc.;
Webcor Construction, Inc., individually
and dba Webcor Builders; Webcor
Construction LP, individually and dba
Webcor Builders

ROPERS, MAJESKI, KOHN & BENTLEY

Dated: August) 7, 2009

Catellus Urban Bévelopment Corporation;
Catellus Third and King Invesion LLC;
Catellus Commercial Development
Corporation; Catellus Operating Limited
Partnership; Third and Ying Tnvestors
LLC; and Prologis

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‘SREB ORDER GRANTING DEPENDANT MISSION PLACE LLC'S MOTION FOR JUDICIAL REFERENCE