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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 
						
                                
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Christian P, Lucia (SBN 203567)
Brent F, Basilico (SBN 197159)

SELLAR HAZARD MANNING FICENEC & LUCIA ELECTRONICALLY
A Professional Law Corporation FILED
1800 Sutter Street, Suite 460 Superior Court of California,
Concord, CA 94520 County of San Francisco
Telephone: (925) 938-1430
Facsimile: (925) 256-7508 JAN 1 1 2013
Email: clucia@sellarlaw.com; bbasilico@sellarlaw.com BY: JUDITH NUNEZ

Deputy Clerk

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

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO
BEACON RESIDENTIAL COMMUNITY Case No.: CGC08-478453
ASSOCIATION
SUPPLEMENTAL REQUEST FOR
Plaintiff, JUDICIAL NOTICE OF THE EXISTENCE
OF DOCUMENTS IN SUPPORT OF
v. DEFENDANT AND CROSS-
DEFENDANTS CUPERTINO ELECTRIC,
CATELLUS THIRD AND KING, LLC, et al. INC., CREATIVE MASONRY, INC.,
CAREFREE TOLAND POOLS, INC,, J.W.
Defendants, MCCLENAHAN, INC., VAN MULDER

SHEET METAL, INC., N.V. HEATHORN,
/ INC., CRITCHFIELD MECHANICAL,
INC., BLUE’S ROOFING COMPANY,
AND ALL RELATED CROSS-ACTIONS WEST COAST PROTECTIVE
COATINGS, ALLIED FIRE
PROTECTION, F. RODGERS
CORPORATION, AND WESTERN
ROOFING SERVICE’S REPLY TO
PLAINTIFF’S OPPOSITION TO
MOTIONS FOR SUMMARY
ADJUDICATION ON SEVENTH CAUSE
OF ACTION FOR THIRD PARTY
BENEFICIARY/BREACH OF
CONTRACTS

Date: January 17, 2013
Time: 9:30 a.m.
Dept.: 304

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SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE OF THE EXISTENCE OF DOCUMENTS IN SUPPORT OF
SUBCONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION
100287 Case No. CGC08-478453oOo Om WI DN Ww

Complaint Filed: August 8, 2009
[California Code of Civil Procedure § 437c]

Pursuant to California Evidence Code §§ 351, 452, and 453, Defendants and Cross-Defendants
Cupertino Electric, Inc.; Creative Masonry, Inc.; Carefree Toland Pools, Ine.; 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; and Western Roofing Service
(collectively, “SUBCONTRACTORS” respectfully request this Court take judicial notice of the
existence of the documents set forth below solely in support of their motion for summary adjudication
against Plaintiff Beacon Residential Community Association’s (“PLAINTIFF”) seventh cause of
action for third party beneficiary/breach of contracts and subcontracts alleged in PLAINTIFF’s third
amended complaint (“TAC”). SUBCONTRACTORS do not admit the truth of the matters asserted in
the documents which are the subject of this request for judicial notice, merely, that the documents
exist.

California Evidence Code § 452 provides that a Court may take judicial notice of the following:
#(d) Records of (1) any court of this state or (2) any court of record of the United States or of any state
of the United States.” California Evidence Code § 452(d).

California Evidence Code § 452 also provides that a Court may take judicial notice of the
following: “(h) Facts and propositions that are not reasonably subject to dispute and are capable of
immediate and accurate determination by resort to sources of reasonably indisputable accuracy.”
California Evidence Code § 452(h).

The documents that SUBCONTRACTORS request judicial notice of the existence of are all
contained in the Court’s file in the above captioned matter and identified below.

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SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE OF THE £X/STENCE OF DOCUMENTS IN SUPPORT OF
SUBCONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION
100287 Case No. CGC08-4784531. Sandy Kaplan’s supplemental declaration submitted in support of Defendant and Cross-
Complainant Webcor Construction, Inc., dba Webcor Builders‘(collectively “WEBCOR”) motion for
summary adjudication which is set to be heard concurrently with SUBCONTRACTORS’ motion for
summary adjudication, which was served and filed with the above captioned Court on or about January

11, 2013.
DATED: January 11, 2013 SELLAR HAZARD MANNING FICENEC & LUCIA

Brent F. Basilico

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

-3-

SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE OF THE EXISTENCE OF DOCUMENTS IN SUPPORT OF
SUBCONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION
100287 Case No. CGC08-478453