On August 08, 2008 a Motion,Ex Parte was filed involving a dispute between Beacon Residential Community Association, Catellus Commericial Development Corp., Catellus Development Corporation, Catellus Operating Limited Partnership, Catellus Residential Construction, Inc., Catellus Third And King Investors Llc, Catellus Third And King Llc, Catellus Urban Development Corporation, Catellus Urban Development Group, Llc, A Delaware, Centurion Real Estate Investors Iv,Llc, Centurion Real Estate Partners, Llc, Mission Place Llc, Mission Place Mezzanine Llc, Mission Place Mezz Holdings Llc, Mission Place Partners Llc, Prologis, Shooter & Butts, Inc., Third And King Investors Llc, Third And King Investors, Llc, A Delaware Limited, Thyssenkrupp Elevator Corporation (Erroneously, Webcor Builders,Inc, Webcor Construction Inc., Webcor Construction, Inc Dba Webcor Builders, Window Solutions, Inc., and All Defendants See Scanned Documents, Allied Fire Protection, Anning-Johnson Company, Architectural Glass & Aluminum Co., Inc, Blue'S Roofing Company, Carefree Toland Pools, Inc., Catellus Commerical Development Corporation, Catellus Commericial Development Corp., Catellus Development Corporation, Catellus Operating Limited Partnership, Catellus Residential Construction, Inc., Catellus Third And King Investors Llc, Catellus Third And King Llc, Catellus Urban Development Corporation, Catellus Urban Development Group, Llc, A Delaware, Catellus Urban Development, Llc, Centurion Partners, Llc, Centurion Real Estate Investors Iv,Llc, Centurion Real Estate Partners, Llc, Creative Masonry, Inc, Critchfield Mechanical, Inc., Cupertino Electric,Inc., Does 1 Through 200, Does 52-200, Inclusive, F. Rodgers Corporation, F. Rodgers Corporation (Fka F. Rodgers Insulation, F. Rodgers Insulation Residential, Inc., Hks Architects, Inc, Hks, Inc, Hks, Inc Individually And Dba Hks Architects, Inc, J.W. Mcclenahan Co., Mission Place Llc, Mission Place Mezzanine Llc, Mission Place Mezz Holdings Llc, Mission Place Partners Llc, N.V. Heathorn, Inc., Poma Corporation, Prologis, Roofing Constructors, Inc. Dba Western, Shooter & Butts, Inc., Skidmore Owings & Merrill Llp, Skimore Owings & Merrill Llp, Third And King Investors Llc, Thyssen Krupp Elevator Corporation, Thyssenkrupp Elevator Corporation (Erroneously, Thyssenkrupp Elevators Corporation, Tractel Inc., Van-Mulder Sheet Metal, Inc., Webcor Builders,Inc, Webcor Construction Inc., Webcor Construction, Inc, Webcor Construction, Inc Dba Webcor Builders, Webcor Construction Inc.,Individually And Doing, Webcor Construction Lp Individually And Dba Webcor, Webcor Construction Partners Llc, West Coast Protective Coatings, Inc., Western Roofing Service, Window Solutions, Dba Window Solutions, Inc., Window Solutions, Inc., for CONSTRUCTION in the District Court of San Francisco County.
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Ann Rankin, Esq. (SBN 83690) Terry Wilkens, Esq. (SBN 118469) Law Offices of Ann Rankin 3911 Harrison Street Oakland, CA 94611 Tel.: (510) 653-8886 Fax: (510) 653-8889 Kenneth Katzoff, Esq. (SBN 103490) Robert Riggs, Esq. (SBN 107684) Sung Shim, Esq. (SBN 184247) Katzoff & Riggs 1500 Park Ave #300 Emeryville, CA 94608 TEL; (510) 597-1990 FAX: (510) 597-0295 Attorneys for Plaintiff ELECTRONICALLY FILED Superior Court of California, County of San Francisco MAR 14 2013 Clerk of the Court BY: WILLIAM TRUPEK Deputy Clerk BEACON RESIDENTIAL COMMUNITY ASSOCIATION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BEACON RESIDENTIAL COMMUNITY ASSOCIATION, Plaintiff, v. CATELLUS THIRD AND KING LLC et. al. Defendants, And Related Cross-Actions. CASE NO.: CGC-08-478453 [Assigned to Honorable Curtis Karnow] PLAINTIFF’S NOTICE OF AND EX-PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR HEARING PLAINTIFF’S MOTION FOR A SEPARATE TRIAL OF CLAIMS AGAINST DEFENDANTS SKIDMORE-OWINGS- MERRILL & HKS ARCHITECTS, INC., TO RESET TRIAL DATE FOR JUNE 3, 2013, WITH MARCH 29, 2013 CASE MANAGEMENT CONFERENCE; MEMORANDUM IN SUPPORT OF; DECLARATION OF ANN RANKIN, ESQ. IN SUPPORT OF [CCP §§ 1005 (b)] Hearing Date: March 15, 2013 Time: 10:00 a.m. Department.: 304 Trial Date: None; Feb. 4, 2013 Trial Date was Vacated by Previous Trial Judge PLAINTIFF'S EX PARTE APPLICATION SHORTENING TIMEPlaintiff Beacon Residential Community Association hereby applies for an Order, pursuant to Code of Civil Procedure § 1005 (b), Shortening Time to hear Plaintiff's Motion for Separate Trial of Claims Against Defendants Skidmore-Owings-Merrill and HKS Architects, Inc. and to Reset Case for Trial (“Motion”) so that it can be heard contemporancously with the March 29, 2013 Case Management and Trial Setting Conference. Plaintiffs case has been pending for nearly five years, and was set for trial on February 4, 2013 until the trial date was vacated through no fault of Plaintiff. Considerations of efficiency and judicial economy mandate that this motion be heard at the same time the court sets this case for trial. Co we ND HW FF YD DATE: March 14, 2013 Respectfully Submitted, LAW OFFICES OF A By: Ann Rankin, Esq. Attomeys for Plaintiff BEACON RESIDENTIAL COMMUNITY ASSOCIATION 2 PLAINTIFFS EX PARTE APPLICATION SHORTENING TIME,