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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
1166 El Centro Steet

So, Pasadena, CA 97030
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

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

28

Collins Collins
Muir + Stewart up
1166 El Centro Steet

So, Pasadena, CA 97030
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 DAVID S. WEBSTER 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
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DECLARATION OF WEBSTER 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
TGC! Gente fret 3
$5. Peansene, CA 97030

coo aoe DECLARATION OF WEBSTER IN SUPPORT OF JOINT OPP. TO MOTION TO SEVEReC eM DH kk Ww

28

Collins Collins
Muir + Stewart up
1166 El Centro Steet

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

DECLARATION OF DAVID S. WEBSTER

I, David Webster, declare as follows:

1. I am an attorney admitted to practice before all of the courts in the State of
California. | am senior counsel at the law firm of Wood, Smith, Henning & Berman LLP, counsel
of record for Defendants CATELLUS THIRD AND KING, LLC; CATELLUS DEVELOPMENT
CORPORATION; CATELLUS COMMERCIAL DEVELOPMENT CORP.; CATELLUS
OPERATING LIMITED PARTNERSHIP; CATELLUS URBAN DEVELOPMENT
CORPORATION; THIRD AND KING INVESTORS LLC (hereinafter “Catellus”). 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, | am
informed and believe them to be true.

2. 1 make this declaration in support of Defendants’ Joint Opposition to Plaintiff's
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
jegal 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, On August 28, 2006, Plaintiff Beacon Residential Community Association
(‘Plaintiff’) provided formal notice of construction-based claims as required by Civil Code section
896. Investigation and inspections then commenced and continued pursuant to the standards set
forth in Title 7 for nearly two years.

5. On or about February 8, 2008, the Catellus entities (“Catellus’) and the Plaintiff,
along with Mission Place LLC (“Mission Place”) and the Webcor entities (“Webcor”), entered into
a tolling argument, whereby all applicable deadlines pursuant to a Civil Code section 896 action

were tolled until September 20, 2008. A true and correct copy of above-referenced Tolling

18153

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

28

Collins Collins
Muir + Stewart up
1166 El Centro Steet

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

Agreement Regarding Beacon Residential Owners Association SB 800 Claims is attached hereto as
Exhibit “F’.

6. Plaintiff filed its Complaint for Damages on August 8, 2008.

7. On December 15, 2008, Mission Place filed a Motion to Compel Judicial Reference.
Catellus and HKS joined this motion on December 19, 2008, and January 15, 2009, respectively.

8, A hearing on the Motion to Compel Judicial Reference occurred before Judge
Kramer in Department 302 on August 12, 2009. Judge Kramer granted the motion as to Mission
Place only. Judge Kramer stayed the underlying Court action as the remaining parties (Catellus,
Webcor, HKS, and SOM).

9. The order granting judicial reference as to Mission Place was entered by the Court
on September 2, 2009, Notice of Entry of that order was served on September 10, 2009. A true and
correct copy of the Order Granting Defendant Mission Place LLC’s Motion for Judicial Reference
is attached hereto as Exhibit “G”.

10. On August 7, 2010, Mission Place filed a Motion to Compe! or Revoke Judicial
Reference, seeking to compel the remaining defendant to judicial reference or, in the alternative, to
revoke the prior reference order.

iL. A hearing on the Motion to Compel or Revoke Judicial Reference occurred before
Judge Kramer in Department 302 on October 4, 2010. Judge Kramer denied the motion.

12. On April 7, 2011, Mission Place applied, ex parte, for an Order to Revoke Judicial
Reference Based on Stipulation of the Parties. Judge Kramer granted the ex parte application,
revoking the prior judicial reference order.

13. Notice of Entry of that order was served on April 15, 2011. A true and correct copy
of the Order to Revoke Judicial Reference Based on Stipulation of the Parties is attached hereto as
Exhibit “H”.

14. On January 12, 2021, Judge Kramer sustained demurrers filed by both HKS and
SOM to claims by Plaintiff based on lack of contractual privity.
fil
fit

18153

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

28

Collins Collins
Muir + Stewart up
1166 El Centro Steet

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

15. On January 20, 2012, Plaintiff filed a notice of appeal with the California Court of
Appeal for the First Appellate District, Division Five.

16. On December 13, 2012, the First Appellate District issued a published opinion
reversing in the trial court’s ruling on the HKS and SOM demurrers.

17. On January 22, 2013, HKS and SOM filed timely Petition for Review of the First
Appellate District ruling to the California Supreme Court.

Executed on this day of March 2013 at , California,

18153

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DECLARATION OF WEBSTER IN SUPPORT OF JOINT OPP. TO MOTION TO SEVER2 Oe WN Rh eB ww

mee aaa
SRREPERBREBSE EE RBRTDEBAE ES

28

Collins Catlins

15, On January 20, 2012, Plaintiff filed a notice of appeal with the California Court of
Appeal for the First Appellate District, Division Five.

16, On December 13, 2012, the First Appellato District issued a published opinion
reversing in the trial court’s ruling on the HKS and SOM demurrers,

17, On January 22, 2013, HKS and SOM filed timely Petition for Review of the First
Appellate District ruling to the California Supreme Court.
Executed on this2 7 tay of March 2013 at_ Concor, » California.

bord lahabile.

18is3

DECLARATION OF DAVID 8. WEBSTER