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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 
						
                                
Preview

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Ann Rankin, Esq. (SBN 83690) ELECTRONICALLY

Terry Wilkens, Esq. (SBN 118469) FILED
Law Offices of Ann Rankin Superior Court of California,
3911 Harrison Street County of San Francisco
Oakland, CA 94611 MAR 15 2013
Tel.: (510) 653-8886 Clerk of the Court
Fax: (510) 653-8889 BY: WILLIAM TRUPEK
Deputy Clerk

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
BEACON RESIDENTIAL COMMUNITY ASSOCIATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO
BEACON RESIDENTIAL COMMUNITY CASE NO.: CGC-08-478453
ASSOCIATION,
[Assigned to Honorable Curtis Karnow]
Plaintiff,

PLAINTIFFS NOTICE OF MOTION FOR
v. SEPARATE TRIAL OF CLAIMS AGAINST
SKIDMORE OWINGS MERRILL, LLP AND
CATELLUS THIRD AND KING LLC, etal, | HKS, INC. AND TO RESET CASE FOR
TRIAL ON JUNE 3, 2013

Defendants. HEARING DATE: April 10, 2013
TIME: 10:00 a.m.

DEPT: 304

TRIAL DATE: None

AND RELATED CROSS-ACTIONS.

TO: DEFENDANTS AND CROSS-DEFENDANTS, AND TO THEIR ATTORNEYS OF
RECORD HEREIN:

1
PLAINTIFF'S NOTICE OF MOTION FOR SEPARATE TRIAL OF CLAIMS AGAINST SKIDMORE OWINGS
MERRILL, LLP AND HKS, INC, AND TO RESET CASE FOR TRIAL ON JUNE 3, 2013CS we BM RR BR BW NY om

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NOTICE IS HEREBY GIVEN that on April 10, 2013, commencing at the hour of 10:00
a.m., or as soon thereafter as counsel may be heard, in Dept. 304 of the above ~ entitled court,
Plaintiff BEACON RESIDENTIAL COMMUNITY ASSOCIATION shall move, and does hereby
move, for a separate trial of its claims against Defendant’s SKIDMORE OWINGS MERRILL,
LLP and HKS, INC., and for an order resetting the remainder of the case for trial on June 3, 2013.

This motion is based upon this Notice of Motion; upon Plaintiff's Memorandum of Points
and Authorities, served and filed herewith; upon the Declaration of Ann Rankin, served and filed
herewith; upon the Declaration of Anthony Lin, President of Beacon Residential Community
Association, served and filed herewith; upon Plaintiff's Request for Judicial Notice, served and
filed herewith; and upon such other pleadings and papers as the court may consider, and upon oral
argument of Plaintiffs Motion.

This Motion is based upon California Code of Civil Procedure 36, 379.5, and 1048(b), as
well as upon the five year statute providing for mandatory dismissal if a case is not brought to trial
within five years; CCP 583.310, CCP 583.340, CCP 583.360. Plaintiff moves in the alternate for
an order granting relief from mandatory dismissal under the five year statute on the ground it will
be “impossible, impractical or futile” to bring the case to trial within the five year period if the
court does not order separate trials. Because the Plaintiff's claims against the architects are the
subject of review by the California Supreme Court, the trial court currently lacks jurisdiction on
those claims. California Code of Civil Procedure 916.

Dated: March 15, 2013 LAW OFFICES OF ANN RANKIN
KATZOFF & RIGGS

By:

Ann Rankin
Attorneys for Plaintiff BEACON RESIDENTIAL
COMMUNITY ASSOCIATION

2
PLAINTIFF'S NOTICE OF MOTION FOR SEPARATE TRIAL OF CLAIMS AGAINST SKIDMORE OWINGS
MERRILL, LLP AND HKS, INC, AND TO RESET CASE FOR TRIAL ON JUNE 3, 2013