On August 08, 2008 a Motion-Secondary 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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KATZOVF & RIGGS LLP 22 23 ANN RANKIN (SBN 83690) TERRY WILKENS (SBN 118469) Law Offices of Ann Rankin 3911 Harrison Street Oakland, CA 94611 Tel.: (510) 653-8886 Fax: (510) 653-8889 KENNETH S. KATZOFF (SBN 103490) ROBERT R. RIGGS (SBN 107684) SUNG E. SHIM (SBN 184247) Katzoff & Riggs LLP 1500 Park Ave #300 Emeryville, CA 94608 Tel: (510) 597-1990 Fax: (510) 597-0295 Attorneys for Plaintiff BEACON RESIDENTIAL COMMUNITY ASSOCIATION ELECTRONICALLY FILED Superior Court of California, County of San Francisco FEB 06 2013 Clerk of the Court BY: VANESSA WU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BEACON RESIDENTIAL COMMUNITY ASSOCIATION, Plaintiff, VS. CATELLUS THIRD AND KING LLC, etal, Defendants. Ne ee SS SS Case No. CGC 08-478453 CLASS ACTION DECLARATION OF MICHAEL ALFARO IN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATION Date: March 22, 2013 Time: 9:00 a.m. Dept.: 304 Judge: Hon. Curtis E.A. Karnow ade DECLARATION OF MICHAEL ALFARO EN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATIONMICHAEL ALFARO declares: 1. I am the President of Titan Management Group (“Titan”). Titan acts as the Property Manager for the Beacon Residential Community Association (“Association”), pursuant to a written Property Management Agreement. Essentially, Titan serves as the professional manager of the Association’s business matters. In my capacity as President of Titan, I act as the custodian of business records for the Association. 2. I have personal knowledge of the matters set forth in this Declaration, except where it is stated that certain matters are contained in business records of the Association, and as to those matters, 1 have personal knowledge that the documents referenced are business records of the Association. If called as a witness | would. and could competently testify as stated herein. 3. The property managed by Titan for the Association, referred to herein as “the Beacon Project,” consists of 595 units that are situated within eight different buildings. The project has two sets of four buildings, known as 250 King Street and 260 King Street, respectively. Each set of residential buildings consists of a high rise structure, commonly called the “tower,” of 16 stories, while the other three buildings making up each set are called “mid rise” and have between six and nine stories. There are also commercial portions of the project, and residential amenities such as a community exercise room and a swimming pool. Titan maintains an office at the Beacon Project. 4. Between 2006 and September 2009 the exterior window glass in 18 units «2» DECLARATION OF MICHAEL ALFARO EN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATIONof the Beacon Project needed to be replaced due to cracking of the glass. The Association repaired the windows in each of these units at no cost to the individual owners of these units. 5. As the property manager for the Beacon Project Titan maintains a list of all of the names of the members of the Association and their contact information, including the last known address of each member, and for most members, their e-mail address. Titan updates this database when members of the Association move or change their contact information and when new members join the Association. Titan frequently utilizes this contact information to send official notices to the members of the Association. 6. Approximately sixty percent of the members of the Association have provided their written consent to the service of official notices from the Association via e-mail. When sending official notices to the members of the Association Titan sends an e-mail to those members of the Association who have consented to this manner of service and sends notice via first class mail to the forty percent of the members who have not consented to service via e-mail. This service typically takes one to two business days. If the Court requests that the Association provide notice of this lawsuit to its members, Titan can and will promptly do so by delivery via first class mail to their last known address and via e-mail. «3 DECLARATION OF MICHAEL ALFARO EN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATIONKATZOFF & RIGGS LLP 1800 PARK AVE. SUIFE 300 I declare under penalty of perjury under. the laws of the State of California that the foregoing is true and correct. Executed at San Francisco, California on February 5, 20 Atl Ue liye MIC WAbIL ALFARO -§- DECLARATION OF MICHAEL ALFARO EN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATION