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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 
						
                                
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                                eC eM DH kk Ww

28

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 28 2013
Sandy M. Kaplan, Esq. (State Bar No. 095065) Clerk of the Court
Gregory T. Hanson, Esq. (State Bar No. 201395) BY: VANESSA WU
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

1

DECLARATION OF DUNKERLY IN SUPPORT OF JOINT OPP. TO MOTION TO SEVEReC eM DH kk Ww

28

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 ) CASE NO. CGC-08-478453
ASSOCIATION, ) [Assigned to Judge Curtis E.A. Karnow, Dept 304]
)
Plaintiff, ) DECLARATION OF ERIN DUNKERLY IN
) SUPPORT OF DEFENDANTS’ JOINT
vs. ) OPPOSITION TO PLAINTIFF’S MOTION
) FOR SEPARATE TRIAL OF CLAIMS
CATELLUS THIRD AND KING, ) AGAINST SKIDMORE OWINGS MERRILL,
LLC;CATELLUS DEVELOPMENT ) LLP AND HKS AND TO RESET CASE FOR
CORPORATION; CATELLUS ) TRIAL ON JUNE 3, 2013
COMMERCIAL DEVELOPMENT CORP.; )
CATELLUS OPERATING LIMITED ) DATE: April 10, 2013
PARTNERSHIP; CATELLUS URBAN ) TIME: 10:00 a.m.
DEVELOPMENT CORPORATION; THIRD ) DEPT: 304
18153
2

DECLARATION OF DUNKERLY IN SUPPORT OF JOINT OPP. TO MOTION 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

)
)
) Complaint Filed: 08/08/08
)
)
)
)
)
}
BUILDERS; SKIDMORE OWINGS & )
)
)
)
)
)
)
)
)
)

Trial Date: None

eC eM DH kk Ww

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.
14

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Collins Collins
Muir + Stewart uo] '*15

TORE nto Steet 3
Shvrnendenn ca 97089

i te2et Sa. 11nt DECLARATION OF DUNKERLY IN SUPPORT OF JOINT OPP. TO MOTION TO SEVEReC eM DH kk Ww

28

Collins Collins
Muir + Stewart up
11766 El Centro Street

Sp, Pasadena, CA'97030
Phone (028) 203-1 100
Pax (626) 249-1114

DECLARATION OF ERIN R. DUNKERLY

I, Erin R. Dunkerly, declare as follows:

1. I am an attorney admitted to practice before all of the courts in the State of
California. | am an attorney in the law firm of Collins Collins Muir + Stewart LLP, counsel of
record for Defendants 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
(hereinafter “Webcor”). The following facts and circumstances are personally known to me and, if
called upon to do so, I could and would competently testify as to them. As to those matters stated
upon information and belief, 1 am informed and believe them to be true.

2. i make this declaration in support of Defendants’ Joint Opposition to Plaintiffs
Motion for Separate Trial of Claims against Skidmore Owings Merrill, LLP and HKS and to Reset
Case for Trial on June 3, 2013.

3, The Joint Opposition filed herewith is a collaboration of certain Defendants and was
filed for the convenience of the Court and the parties in order to avoid multiple Oppositions. The
legal arguments in the Opposition are not necessarily the arguments of all the Defendants. The
filing of the Joint Opposition is not a special appearance by me or my firm for any of the other
Defendants.

4. I have reviewed the deposition transcript of Plaintiff's disclosed expert Richard
Avelar of Richard Avelar & Associates, which was taken on November 7, 2013.

5. Mr. Avelar prepared and discussed during this deposition, a “Preliminary Defect List
by Subtrade” that he intends to use at trial of this matter to demonstrate that certain parties maintain
joint and several liability for Plaintiffs alleged defects. The Preliminary Defect List by Subtrade
was marked as part of Exhibit 5070 and discussed at Mr. Avelar’s November 7, 2012 deposition.
Attached hereto as Exhibit A is a true and correct copy of excerpted portions of Avelar’s deposition
transcript and the referenced Preliminary Defect List by Subtrade in Exhibit 5070,
fil
fit

18153

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DECLARATION OF DUNKERLY IN SUPPORT OF JOINT OPP. TO MOTION TO SEVEReC eM DH kk Ww

28

Collins Collins
Muir + Stewart up
11766 El Centro Street

Sp, Pasadena, CA'97030
Phone (028) 203-1 100
Pax (626) 249-1114

6. Plaintiffs disclosed expert Richard Avelar of Richard Avelar & Associates testified
during his November 7, 2012 deposition that numerous parties shared responsibility for the defects
alleged by Plaintiff in support of the causes of action alleged in its complaint.

7, Plaintiff's disclosed expert Michael Burgess of Xpera Group prepared a March 20,
2013, “Beacon Cost of Repair for Solar Heat Gain Defects”. A true and correct copy of the March

15, 2013, “Beacon Cost of Repair for Solar Heat Gain Defects” is attached hereto as Exhibit “B”.

8 Plaintiff's disclosed expert James Sappington of Saarman Construction prepared a
March 15, 2013, “Beacon Residential Cost of Repair Non Heat Gain Repairs”. A true and correct
copy of the March 15, 2013, “Beacon Residential Cost of Repair Non Heat Gain Repairs” is
attached hereto as Exhibit “C”.

9. On November 19, 2012, I attended the deposition of David Herring, Housing
Inspector for the City and County of San Francisco.

10. Attached hereto as Exhibit “D” is a true and correct copy of excerpted portions of
the deposition transcript of David Herring taken on November 19, 2012.

il. Attached hereto as Exhibit “E” is a true and correct copy of excerpted portions of
exhibit number 5123 “Complaint Data Sheet” to the deposition of David Herring, taken on
November 19, 2012, which is referenced in the excerpted portion of Mr. Herring’s deposition
identified in paragraph 10 above.

Executed on this 27th day of March 2013 at South Pasadena, California.

Se

ERIN R. DUNKERLY

18153

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DECLARATION OF DUNKERLY IN SUPPORT OF JOINT OPP. TO MOTION TO SEVER