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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
COMMUNITY ASSOCIATION,

Plaintiff,

VS.

CATELLUS THIRD AND KING LLC,
etal.,

Defendants.

ANGELA OROZCO declares:

Ne SS SS SS SS

Case No. CGC 08-478453
CLASS ACTION

DECLARATION OF ANGELA
OROZCO 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

lL. I am a paralegal employed by the Law Offices of Ann Rankin, one of the

attorneys for Beacon Residential Community Association, plaintiff herein.

T have

DECLARATION GF ANGELA OROZCO IN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATIONKATZOVF & RIGGS LLP

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personal knowledge of the matters set forth herein and can competently testify thereto,
if called to testify.

2. This declaration is being submitted in support of the renewed motion for
class certification of plaintiff Beacon Residential Community Association (“the
Association”).

3. I have conducted a detailed review of the records produced by defendant
Mission Place, LLC (“Mission Place”) in discovery regarding the persons to whom
Mission Place sold residential Units at the Beacon Condominium Project located at 250
and 260 King Street, San Francisco, California (‘the Beacon Project”). As a result of
that review, I have been able to identify the original purchasers, from Mission Place, of
583 of the 595 total Units at the Beacon Project. The Units whose original purchasers I

have thus far been unable to identify from the Mission Place records produced are:

402 806 1512
520 814 1612
624 852 1614
74 914 1618
4. The Association maintains an updated database which lists the owners of

each Unit at the Beacon Project. Using that database, | have compared the current
owners of each Unit with the original purchasers of the Units from Mission Place. As a
result of that process, 1 determined that 369 Units at the Beacon Project are still owned
today by the same persons who initially purchased those Units from Mission Place.

5. There is a possibility that additional investigation using sources such as

Recorder information will show that some of the additional 12 Units whose original
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DECLARATION OF ANGELA OROZCO IN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATIONKATZOVF & RIGGS LLP

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purchasers I have not yet identified also continue to own those Units.

6. Using the names that were provided by Defendants in their Omnibus
Opposition filed herein on November 15, 2012 as the list of persons whom Defendants
claim were plaintiffs in the Zucker actions [Edward Zucker, et al. v. Catellus
Development Corp., Case No, CGC-06-455352 (“Zucker I”) and Edward Zucker, et al.,
v. Catellus Development Corp., Case No. CGC-08-471272 (“Zucker IP’)], and without
engaging in any independent effort to determine whether these persons were, or were
not, voluntarily joined as parties to the Zucker case, | examined the documents
produced herein by Mission Place, and the database of past and current members
maintained by the Association, in order to determine what Units were owned by the
claimed Zucker plaintiffs. My investigation indicated that the 34 Units at the Beacon
Project were at one time owned by the claimed Zucker I and Zucker II plaintiffs. These

34 Units are the following:

264 501 863

416 503 901

430 517 1003
534 549 1115
802 617 1119
1116 683 1215
1318 703 1613
1504 743 1615
1516 777 1617

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DECLARATION GF ANGELA OROZCO IN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATION"4 94608

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KATZOFF & RIGGS LLP

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1602 7719 1619
1610 801
417 807
7. The: remaining. 561 Units at the Beacon Project were never owned by

persons whom, defendants claimed in the Omnibus Opposition to be Zucker plaintiffs.

8. I have also compared the list that I made of the Units at the Beacon
Project that are now owned by persons. who did not buy directly from Mission Place,
discussed above, with the membership roster database that the Association has
maintained since October 15,2007. The Association, during that period, has kept track
of the dates when new owners acquired their Units. By using this information to
eliminate owners who have bought since August 8, 2008, I was able to calculate how
many of the-current owners who did not buy direct from Mission Place acquired their
Units prior to August 8, 2008, when this action was filed. Using this method, [
determined that there are 62 Units that were purchased from owners other than Mission,

Place prior to August 8, 2008,

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

the foregoing is true and correct.

Dated: February 6, 2013

Ati los Crewe)

ANGELA OROZCO’

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DECLARATION OF ANGELA OROZCO IN SUPPORT OF RENEWED MOTION FOR CLASS CERTIFICATION