Motion-Secondary: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

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                                KATZOVF & RIGGS LLP

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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.

ee SSS SS

Case No. CGC 08-478453
CLASS ACTION

DECLARATION OF ANN RANKIN
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 ANN RANKIN IN SUPPORT GF RENEWED MOTION FOR CLASS CERTIFICATIONKATZOVF & RIGGS LLP

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ANN RANKIN declares:

1. I am an attorney duly licensed to practice before all of the courts of the
State of California. I make this declaration of my own personal knowledge, and, if
called as a witness, I could and would testify competently thereto. | am a custodian of
records with respect to documents produced in and relating to this litigation and have
received and reviewed such documents.

2. I am the principal of Law Offices of Ann Rankin. Since March, 2011, my
office and our co-counsel, Katzoff & Riggs, have been counsel of record for Beacon
Residential Community Association, plaintiff in the referenced action. This declaration
is being submitted in support of Plaintiff's renewed motion for class certification.

3. On December 10, 2012 | attended the deposition of Charles Chaloeicheep,
P.E. Mr. Chaloeicheep is an employee of WFP Flack & Kurtz; the engineering firm
who also employs Saied Nazeri, a disclosed expert for HKS Architects, Inc., an
architecture firm who helped design the Beacon Project. Working under the direction
of Mr. Nazeri, Mr. Chaloeicheep oversaw certain thermal modeling of the Beacon
Project that analyzed the interior temperatures in the units. Attached hereto as Exhibit
A are true and correct copies of excerpts of the deposition testimony of Mr.
Chaloeicheep on December 10, 2012 that are referenced in the Memorandum of Points

and Authorities, served and filed herewith.

«2»
DECLARATION OF ANN RANKIN IN SUPPORT GF RENEWED MOTION FOR CLASS CERTIFICATIONKATZOFF & RIGGS LLP
1500 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
(810) 597-1990

I declare under penalty of perjury under the laws of the State of California that

the foregoing is true and correct.

Executed at Oakland, California on February 5, 2013.

ANN RANKIN

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DECLARATION OF ANN RANKIN IN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATIONEXHIBIT A

EXHIBIT A=

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

---000---
BEACON RESIDENTIAL COMMUNITY
ASSOCIATION,
Plaintiff,
No. CGC 08-478453
vs.

CATELLUS THIRD AND KING LLC;
CATELLUS DEVELOPMENT CORPORATION,

et al.,
Defendants.
a
AND RELATED CROSS-ACTIONS. /
DEPOSITION OF CHARLES CHALOEICHEEP, P.E

{Expert - HKS)

Taken before LETICIA A. RALLS, RPR
CSR No. 10070
December 10, 2012

Aiken Welch Court Reporters
One Kaiser Plaza, Suite 505
Oakland, California 94612
S\eleg| (510) 451-1580 (877) 451-1580
oe Fax: (510) 451-3797
ean www. aikenwelch.com

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CHARLES CHALOEICHEEP, P.E.,
sworn as a witness,
testified as follows:
{Document marked Exhibit 7000 for
identification.)
EXAMI MS. RAN:

Q. Sir, would you please state your full name and
your address for the record?

A. Sure. Charles Quinn Chaloeicheep,
C-h-a-1-0-e-i-c-h-e-e-p. My address currently is 551
Second Avenue in San Francisco.

Q. That's your residence address?

A. Correct.

Q. Okay. Have you ever had your deposition taken
before?

A. No.

Q@. Okay. I'm sure Mr. Schwartz has explained the
procedure but just to be double sure, I'11 explain it,
too.

A. Thank you.

Q. Your deposition today is under oath, and it's
under penalty of perjury just as if we were in a court
of law.

The court reporter will take down my questions

and your answers and will make them into a transcript,

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later on.

Does that make sense?
A. Yes.
Q. If you need to take a break or, you know, you
need to stop for awhile, just let me know, and that will
be fine. I'm not trying to trick you. I'm just trying
to understand your testimony that you're going to give
at the trial, so I'm happy to explain things or give you
a break if you need to.
Are there any questions about the procedure
today that you need to ask before we get started?

A. No.

Q. Okay. Can you tell us your educational
background beginning with high school, please?

A. Sure. I went to Miramonte High School, and then
I went on to University of California at Santa Barbara,
studied mechanical engineering. I then went on to
University of New South Wales in Sydney, Australia, for
my master's in sustainable development.

MR. SCHWARTZ: Ann, we sent you Charles's
resume. I just want to make sure you got it.

MS. RANKIN: Yeah.

MR. SCHWARTZ: Okay.

BY MS. RANKIN:

Q. So sustainable development?

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A. Yes.

Q. Did you get a -- a bachelor of science degree in
mechanical engineering from UCSB?

A. Correct.

Q. And what year was that?

A. I graduated in 2002.

Q. Okay. And then did you go straight to the
University of New South Wales?

A. No. I worked for five years -- or almost five
years with Port of Oakland. And during that time, I
also studied at UC Berkeley extensions and received a
certificate in construction management.

Q And what year did you get that certificate?
A. April 2007.

Q What did you do for the Port of Oakland?

A. I was an electrical mechanical engineer.

Q And what did you do in that capacity?

A Designed utility systems for the Port.

Q. Have you ever worked in the field of
construction management?

A. Yes.

Q. When did you do that?

A. While I was at Port of Qakland, I also managed
the construction of some of my designs.

Q. And that was primarily utility systems?

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opportunities to be efficient about energy and water for
the district.

Q. Okay. After you received your master's of
sustainable development, what did you do next?

A. I then worked full-time in Advanced
Environmental in Sydney.

Q. And what did you do at that -- in that time?

A. I was an environmental design consultant,
continued as an environmental design consultant.

Q. And how long did do you that?

A. For about six months after I graduated. We were
rebranded to Built Ecology, and right at that time, I
moved back to San Francisco and began working for Built
Ecology in San Francisco as an environmental design
consultant.

Q. So would that have been about 20097

A. Yes, yes.

Q. As far as you know, what is the relationship

between Built Ecology and WSP Flack & Kurtz?

A. We're a specialist service of WSP Flack & Kurtz
that provides high-performance building design
consulting.

Q. Okay. So is Built Ecology a separate
corporation or a separate entity, or is it just a

division between WSP?

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Oakland.
Q. Has that been built yet?
A No.
Q. And what else?
A I worked on a project with Jahn Architects as a
part of the Yongsan Development in Korea.

Q. And has that been built yet?

A. No.

Q. On either of those projects, did you have any
development yourself in the design of the mechanical
systems?

A. No.

I would add, we recommended strategies for
appropriate mechanical systems, but I wasn't involved in
the detailed design of the mechanical systems for either
of those projects.

Q. Was someone else at either Built Ecology or WSP
Flack & Kurtz the mechanical engineer of record for
either of those projects?

A. No.

Q. Okay. When did you first receive an assignment
to do work on THE BEACON Residential Community
Association project?

A. In September of this year, 2012.

Q. And who gave you the assignment?

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A. I spoke with Richard Hannum.

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Q. Was that a -- an in-person discussion, or was

that on the phone?

A. That was an in-person

meeting.

Q. Was anybody else there at the meeting besides

you and Mr. Hannum?

A. Yes. From my memory, Andrew Corney of the head

of my department and Saied Nazeri who's a senior

vice-president with WSP Flack & Kurtz.

Q. Okay. Was anybody else there besides

Mr. Hannum, Mr. Corney, Mr. Nazeri, and yourself?

A. I -- I don't remember
may have been there.

Q. And who's Jeff Sacks?

any others. Jeff Sacks

A. Jeff Sacks is a senior associate mechanical

engineer with WSP Flack & Kurtz.

Q. That's S-a-c-h-s?

S-a-c-k-s, I believe.

I wouldn't say much more than an hour.

A
Q. How long did the meeting last?
A
Q

Okay. And what was discussed during the

meeting?

A. The scope of work that would be requested of WSP

Flack & Kurtz and Built Ecology.

Q@. Okay. And what was that scope of work?

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A. We would do -- WSP Flack & Kurtz and Built

Ecology would conduct research into ventilation
requirements for THE BEACON, a glazing comparison of
various glazing treatments, and provide thermal comfort
modeling.

Q. Who explained this assignment? Was that
Mr. Hannum?

A. Yes.

Q. Okay. Did Mr. Hannum tell you any context for
this assignment?

A. Yeah. He gave us context in that it was a
residential building in San Francisco and that there was
a lawsuit against the performance or having to deal with
the performance of the units in terms of thermal comfort
and ventilation.

Q. And did you discuss how the work of this
assignment would be divided up among people at Built
Ecology, WSP Flack & Kurtz?

A. Not at that meeting, but we did discuss that in
organizing the project team.

Q@. Okay. What else did you discuss at that first
meeting with Nr. Hannum?

A, Built Ecology's capabilities in conducting the
analysis.

I wouldn't say there was any more than our

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Mr. Lefler's data, were you comparing the MESA 3 data to
Mr. Lefler's data, or were you comparing data that came
from the model with Nr. Lefler’s data?

A. Sure. We compared our modeling results which
were calibrated to the MESA 3 data, but I can say that
it would be true for both a comparison between MESA 3
and our calibrated model as the MESA 3 data or our
calibrated model in the end matched very closely with
the MESA 3 data.

Q. And in making that conciusion, did you have any
concern about the fact that you had only three weeks of
MESA 3 data?

A. No.

Q. You thought that that was sufficient?

A. Yes.

Q@. And how did you calibrate the modeling results
with the three weeks of MESA 3 data?

A. Sure. We found -- we looked at the outside
temperatures from the MESA 3 data --

Q. And that was measured on one of the balconies?

A. Correct -- and compared it to our weather file
to find similar days in terms of outside conditions.

And then we compared the MESA 3 data that was

taken from inside the units to our modeling results for

those units. We calibrated each unit.

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Q. And how did you physically do the calibration?

A. So once we aligned the outside weather data, we
found that our initial model had cooler resultant
temperatures than what was measured.

Q. And why was that?

A. What we found was that the airflows through the
units was lower -- or was lower in the MESA 3 data than
what was in our model. And that was due to lower

airflows across the exhaust fans than we had initially

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included in our thermal comfort study.

We also found that the MESA 3 data -- well, we
also found that our model assumed that there was no heat
transfer between our unit and an adjacent unit. That
assumption is based on standard operating temperature
ranges in each unit being consistent, which is expected
of a condo development.

However, since the MESA 3 unit that was tested

had been treated and the adjacent units had not, we

found that there was heat transfer from the neighboring

units which may have been hotter than the tested unit.
So we calibrated our model to match the expected

neighboring unit temperatures, and we looked at hourly

data, then, of dry bulb and resultant and found that our

highs and lows matched up and that the trends matched

up.

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@. Okay. And then the next one says "58.1," and
that says “Wet temperature." And what's that?

A. I believe that's the wet bulb temperature in
this report.

Q. Okay. The last column says "51.4," and then it
says "DP temperature." And what's that?

A. That's the dew point. I believe that's the dew
point, but I would have to look at the abbreviations

listed in that report.

I think if you zoom out, you'd be able to see
those abbreviations.

Q. Okay. One of your conclusions was that the
calibrations showed that the temperatures in neighboring
units were impacting performance during the measurement
period. And how did you reach that conclusion?

A. After we calibrated airflows through the units,
our resultant temperatures and dry bulb temperatures
were still lower than what was measured.

Our thought was that the neighboring units were
heating up our unit and causing the dry bulb temperature
to increase and the resultant temperature to increase.

As such, we reran the model with warmer

temperatures in the neighboring units, and then found

that the resultant temperatures from our model aligned

with the MESA 3 data.

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Q. Okay. So if I owned a particular unit, and I
wanted to put up shades and film to cool my unit down, I
couldn't do a complete job unless I made my neighbors do
the same thing?

A. Can you repeat the question? I'm sorry.

Q. If I wanted to -- if I wanted to implement
shades and film to cool off my unit, if I had one, I
couldn't really cool it down completely unless I could
get my neighbors to put in the same improvements?

MR. SCHWARTZ: Objection. Incomplete
hypothetical.

MR. BAZZANO: Join.

THE WITNESS: You can improve the comfort of
your unit by installing glazing treatment. However, if
too hot -- if you being too hot was your issue, it would
behoove the complex to install treatments on the facades
of -- some sort of glazing or blind treatment to all the
fagades to improve comfort in ail of the units.

BY MS. RANKIN:

Q. Okay. And are there any particular units or
elevations that you would recommend that be done?

A. In terms of -- can you clarify the question?

Q. Okay. You found that there are -- how many
different temperature zones did you find in the

buildings?

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REPORTER'S CERTIFICATE

I, LETICIA A. RALLS, a Shorthand Reporter, State
of California, do hereby certify:

That CHARLES CHALOEICHEEP, P.E., in the
foregoing deposition named, was present and by me sworn
as a witness in the above-entitled action at the time
and place therein specified;

That said deposition was taken before me at said
time and place, and was taken down in shorthand by me, a
Certified Shorthand Reporter of the State of California,
and was thereafter transcribed into typewriting, and
that the foregoing transcript constitutes a full, true
and correct report of said deposition and of the
proceedings that took place;

And that aforementioned 182-page transcript
meets the California minimum transcript format
standards.

IN WITNESS WHEREOF, I have hereunder subscribed
my hand this 24th day of December 2012.

LETICIA A. RALLS, RPR, CSR NO. 10070
STATE OF CALIFORNIA

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