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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
  • 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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                                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 ) Case No. CGC 08-478453
COMMUNITY ASSOCIATION, )
) DECLARATION OF ROBERT R.
Plaintiff, ) RIGGS IN SUPPORT OF MOTION
) FOR CLASS CERTIFICATION
vs. ) (PREVIOUSLY FILED ON
) AUGUST 24, 2012)
CATELLUS THIRD AND KING LLC, )
etal., ) Date: March 22, 2013
) Time: 9:00 a.m.
Defendants. ) Dept: 304
) Judge: Hon. Curtis E.A. Karnow
ROBERT R. RIGGS declares:
1. I am one of the attorneys for Beacon Residential Community Association

(bereimafter, “the Association”), plaintiff herein.

DECLARATION OF ROBERT R. RIGGS IN SUPPORT OF MOTION FOR CLASS CERTIFICATION
(PREVIOUSLY FILED ON AUGUST 24, 2012)KATZOFF & RIGGS LLP

1800 PARK AVE,, SUITE 300

EMERYVILLE, CA 94608

(E15) 597-1990

2. I have been a practicing California attorney since 1984, Prior to that time,
I worked for one year as a law clerk to the Hon. Betty B. Fletcher of the United States
Court of Appeals for the Ninth Circuit. I also worked for one year as a law clerk to the
Hon, Stanley A. Weigel of the United States District Court for the Northern District of
California.

3. I have been appointed by the United States District Court for the Northern
District of California to act as special master in two cases before that Court that were
certified as class actions, each dealing with physical conditions in prison facilities at San
Quentin, Folsom, and CTF-Soledad State Prisons. I served in that capacity between
1984 and 1996.

4. Since 1991, [have been a partner in the firm of Katzoff & Riggs, which is
based in Emeryville, California. In that capacity, I have served as lead trial counsel in
three major jury trials that involved construction defects in residential construction.
These cases were tried in Los Angeles County Superior Court, San Mateo County
Superior Court, and Marin County Superior Court. Additionally, 1 have served as lead
trial counsel in approximately ten non-jury civil trials and arbitrations. Additionally, I
have served as lead counsel in approximately fifty (50) construction defect related
matters that have settled prior to trial or arbitration.

5, Kenneth S. Katzoff is another of the attorneys for the Association herein.
Mr. Katzoff was admitted to the California Bar in 1983. Mr. Katzoff is a partner in the
firm of Katzoff & Riggs. 1 have personal knowledge of with his experience in that

capacity, since 1991. Mr. Katzoff has served as lead trial counsel in at least four major

a2
DECLARATION OF ROBERT R. RIGGS IN SUPPORT OF MOTION FOR CLASS CERTIFICATIONKATZOFF & RIGGS LLP

1500 PARK AVE,, SUITE 300

EMERYVILLE, CA, 94608

(Sia) 497-1990

jury trials that involved misrepresentations and failures to disclose material facts in
connection with residential real estate. These cases were tried in San Francisco Superior
Court, Alameda County Superior Court, and Los Angeles County Superior Court.
Additionally, Mr. Katzoff has acted as lead trial counsel in approximately ten other civil
trials. Additionally, Mr. Katzoff has served as lead counsel in approximately sixty (60)
construction defect and fraud related matters that have settled prior to trial or arbitration.

6. Sung E. Shim is another of the attorneys for the Association herein, Mr.
Shim has practiced as a trial attorney with the firm of Katzoff & Riggs since 1997.
During that time, he has taken part, as an associate trial attorney, in the majority of the
trials of Mr. Riggs and Mr. Katzoff that are referenced above. He has also assisted in
the majority of the settled cases referenced above. Mr. Shim has substantial experience
in handling construction litigation matters. His published cases include Rogers v.
Peinado (2000) 85 Cal.App.4® 1, one of the cases in which Mr. Katzoff was lead trial
counsel.

7. Stephen G. Preonas is another of the attorneys for the Association. With
Mr. Riggs and Mr. Katzoff, Mr. Stephen Preonas has acted as lead defense counsel in a
complex wage and hours class action in Alameda County Superior Court. In connection
with the defense of this class action, Mr. Preonas attended the Advanced Seminar: Class
Actions in Alameda County, sponsored by the Trial Practice Section of the Alameda
County Bar Association and presented by the Honorable Robert Freedman, the
Honorable Bonnie Sabraw and their staff attorneys Walter Stermmler and Phillip Obbard.

This comprehensive program included in depth instruction on the impact of CAFA,

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DECLARATION OF ROBERT R. RIGGS IN SUPPORT OF MOTION FOR CLASS CERTIFICATIONKATZOFF & RIGGS LLP

1500 PARK AVE, SUITE 300
EMERYVILLE, CA 94608

(510) 897-1990

organization of class counsel, discovery, pre and post certification communications with
the class, duties to the class, notices to the class, and class settlements.

I declare under penalty of perjury under the Jaws of the State of California that
the foregoing is true and correct.

Executed at Emeryville, California on August 23, 2012.

ROBERT R. RIGGS

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DECLARATION OF ROBERT R. RIGGS IN SUPPORT OF MOTION FOR CLASS CERTIFICATION