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

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Gordon & Rees LLP

275 Battery Street, Suite 2000

San Francisco, CA 94111

wo we KN DH He he YW NH

ww RM NM NR NB NN Nm em
eo WT HA A BB WN |= FS BO RBI HH F&F YW NH =—- &

SANDY M. KAPLAN (SBN 095065)
GREGORY T. HANSON (SBN 201395)
GORDON & REES LLP

275 Battery Street, Suite 2000

San Francisco, CA 94111
Telephone: (415) 986-5900

Facsimile: (415) 986-8054

Attomeys for Defendants, Cross-Defendants and Cross:
WEBCOR CONSTRUCTION, INC.; WEBCOR BUILD)

ELECTRONICALLY

FILED
Superior Court of California,
County of San Francisco
JAN 14 2013
. Clerk of the Court
lainants BY: JUDITH NUNEZ

Deputy Cle

WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS on
its own behalf and erroneously sued as WEBCOR CONSTRUCTION

LP dba WEBCOR BUILDERS

SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL COMMUNITY
ASSOCIATION,

Plaintiff,
vs.
CATELLUS THIRD AND KING LLC, et al.,
Defendants.

AND RELATED CROSS-ACTIONS.

Ne eee

CASE NO. CGC-08-478453

SUPPLEMENTAL DECLARATION OF
SANDY M. KAPLAN IN SUPPORT OF
‘WEBCOR CONSTRUCTION, INC.;
WEBCOR BUILDERS, INC.; WEBCOR
CONSTRUCTION, INC. dba WEBCOR
BUILDERS on its own behalf and
erroneously sued as WEBCOR
CONSTRUCTION LP dba WEBCOR
BUILDERS’ REPLY TO MOTION FOR
SUMMARY ADJUDICATION AGAINST
PLAINTIFF BEACON RESIDENTIAL
COMMUNITY ASSOCIATION

[Code of Civil Procedure §§ 437c et seq.]
Complaint Filed: August 8, 2009

DATE: — January 17, 2013
TIME: = 9:30-a.m.
DEPT: 304

JUDGE: Honorable Curtis E.A. Karnow
TRIAL DATE: February 4, 2013 (vacated)

I, SANDY M. KAPLAN, declare as follows:

1 1am an attorney duly licensed to practice before all courts of the State of

California, and am a partner with the law firm of Gordon & Rees LLP, counsel of record for
Defendants, Cross-Defendants and Cross-Complainants WEBCOR CONSTRUCTION, INC.;
WEBCOR BUILDERS, INC.; WEBCOR CONSTRUCTION, INC, dba WEBCOR BUILDERS

ale

SUPPLEMENTAL DECLARATION OF SANDY M. KAPLAN IN SUPPORT OF WEBCOR’S REPLY TO
MOTION FOR SUMMARY ADJUDICATION_

on its own behalf and erroneously sued as WEBCOR CONSTRUCTION LP dba WEBCOR
BUILDERS (“WEBCOR”) in the above-captioned matter. I have personal knowledge of the
facts stated herein, and could competently testify as a witness thereto. 1 make this declaration in
support of WEBCOR’s Reply to Motion for Summary Adjudication against Plaintiff BEACON
RESIDENTIAL COMMUNITY ASSOCIATION (the “PLAINTIFF”).

2. Attached hereto as Exhibit “L” is a true and correct copy of the PLAINTIFF’s
Disclosure of Experts. Sung E. Shim, Esq. counsel for PLAINTIFF has not been disclosed as an
expert. The parties to this matter agreed that expert disclosures would be due on August 27,

oOo mI A WH &F WN

2012,

_
>

3. Attached hereto as Exhibit “M” is a true and correct copy of excerpts from John

_
=

Tashjian’s Deposition, Vol. 2, pp. 237:23-25; 238:18-20.

=
be

4, On January 8, 2013, PLAINTIFF’s Motion for Class Certification of the

—
we

residential unit owners (“MEMBERS”) was denied without prejudice.
I declare under penalty of perjury under the laws of the state of California that the

_
wn

foregoing is true and correct.
Executed this 11th day of January 2013, at San Francisco, California.

Gordon & Rees LLP
275 Battery Street, Suite 2000

San Francisco, CA 94111
~_
Bp

om
aD

P

19 M. Kaplan

ATUHH1068375/1 4457266008
-2-

SUPPLEMENTAL DECLARATION OF SANDY M. KAPLAN IN SUPPORT OF WEBCOR’S REPLY TO
MOTION FOR SUMMARY ADJUDICATIONEXHIBIT Lwo On Du hh WN

et
won DAM kW Mh FF

Ann Rankin, Esq. (SBN 83690)
Terry Wilkens, Esq. (SBN 118469)
Law Offices of Ann Rankin

3911 Harrison Street

Oakland, CA 94611

Tel.: (510) 653-8886

Fax: (510) 653-8889

Kenneth Katzoff, Esq. (SBN 103490)
Robert Riggs, Esq. (SBN 107684)
Sung Shim, Esq. (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

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL COMMUNITY CASE NO.: CGC-08-478453
ASSOCIATION,

PLAINTIFF BEACON RESIDENTIAL
Plaintiff, COMMUNITY ASSOCIATION’S
SUPPLEMENTAL DESIGNATION OF
v. WITNESSES

CATELLUS THIRD AND KING LLC, et al.,

Defendants.

AND RELATED CROSS-ACTIONS.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION'S SUPPLEMENTAL
DESIGNATION OF WITNESSES
1wow on Dm wm WN

NN N NN NN NN rR or RR rr RO
On Am BP Whe KF SO ODN DOH PWN KF S

TO EACH PARTY AND EACH ATTORNEY OF RECORD HEREIN:

PLEASE TAKE NOTICE that Plaintiff BEACON RESIDENTIAL COMMUNITY
ASSOCIATION designates its Persons Most Knowledgeable (“PMK”) in response to the
categories requested by Defendant SKIDMORE OWINGS & MERRILL, LLP’s (“SOM”), as
follows. Plaintiff reserves the right to supplement this list as necessary, including without
limitation, identifying non-PMK witnesses who may have knowledge of facts relating to the
categories. Nothing in Plaintiff's list should be construed as a waiver of Plaintiff's right to make a
motion to the Special Master and/or the Court for relief. Rather, this designation is made subject
to Plaintiffs objections that the categories requested by SOM is vague, ambiguous, duplicative,
overly broad, burdensome and harassing, that some of the categories are not reasonably calculated
to lead to discovery of admissible evidence in this action; and that SOM does not have the right to
propound additional categories. :

1 Michael Alfaro

2. Monish Bhatia

Please be advised that even though Mr. Bhatia is no longer an officer, director, managing
agent, employee or agent of Plaintiff, he was a director when his deposition commenced.
Accordingly, Plaintiff has no objection to completing his deposition. Moreover, although Plaintiff
does not have any obligation to do so, Plaintiff is in the process of investigating, identifying and
contacting potential non-PMK witnesses, who may have knowledge of facts relating to the
categories requested by SOM, even though they are no longer its officers, directors, managing
agents, employees, or agents, so that appropriate non-PMK witnesses can be available for
depositions. (Code of Civil Procedure § 2025.230; Maldonado v. Superior Court (2002) 94
Cal.App.4th 1390, 1398.) Plaintiff intends to provide a list of these non-PMK witnesses promptly

upon completion of its investigation.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S SUPPLEMENTAL
DESIGNATION OF WITNESSES
21 || Dated: September 9, 2011 LAW OFFICES OF ANN RANKIN

won DAUM & WN

NN NON NON ON NN rm Re oR OR RE OR ot
rn AM WN FY CO BO Ow DMN FWY KF ©

KATZOFF & RIGGS, LLP

/s/ Sung E. Shim

Sung E. Shim
Attorneys for BEACON RESIDENTIAL
COMMUNITY ASSOCIATION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S SUPPLEMENTAL
DESIGNATION OF WITNESSES
3won Dm RW NN

NOM NM ON ON NM NM ON ON re me RO OA
on TAO WSN KF OO AN DO PhP WDY KF SD

PROOF OF SERVICE

I, the undersigned, declare that ] am over the age of 18 and am not a party to this action. I
am employed in the City of Oakland, County of Alameda, California; my business address is 1500
Park Avenue, Suite 300, Emeryville, California 94608.

On the below date I served the attached document(s) entitled:

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION'S
SUPPLEMENTAL DESIGNATION OF WITNESSES

as follows: (SERVICE LIST ATTACHED)

XX (BY MAIL) I caused such envelope to be deposited in the mail at Oakland, California. The
envelope was mailed with postage thereon fully prepaid.

I am readily familiar with the firm's practice of collection and processing of
correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the
ordinary course of business. I am aware that on motion of party served, service is
invalid if postal cancellation date on postage meter is more than 1 day after date of deposit for
mailing in affidavit.

(BY HAND) I caused each such document to be delivered by hand to the attorney(s) noted
above.

(BY FAX) I caused a true copy to be transmitted via facsimile to the addressee(s) noted
above at the FAX number noted after party's address.

XX__ (BY EMAIL) I caused a true copy to be transmitted via email to the attorneys on the
attached service list.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. This declaration is executed in Emeryville, California on September
9, 2011.

/s/ Sung E. Shim
Sung E. Shim

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION'S SUPPLEMENTAL
DESIGNATION OF WITNESSES
4wan awn fF WN

Fh
a u fb WN KF O&O

SERVICE LIST

Beacon Residential Community Association v. Catellus Third and King LLC, et al.,
San Francisco County Superior Court Case No. CGC 08-478453

Ann Rankin

Terry Wilkens

Law Offices of Ann Rankin
3911 Harrison Street
Oakland, CA 94611

Tel.: (510) 653-8886

Fax: (510) 653-8889
arankin@annrankin.com
twilken@annrakin.com

Co-Counsel for Plaintiff Beacon
Residential Community Association

Randel Campbell
Lynch, Gilardi & Grummer
170 Columbus Avenue, 5th Fl.
San Francisco, CA 94133

Tel. 415-397-2800

Fax 415-397-0937

teampbell@lgglaw.com

Counsel for Architectural Glass and Aluminum
Co., Inc.

Steven M. Cvitanovic

Haight Brown & Bonesteel LLP
71 Stevenson Street, 20" Floor
San Francisco, CA 94105
Phone: (415) 546-7500

Fax: (415) 546-7505

Charles A. Hansen, Esq.

Peter J. Laufenberg, Esq.

Gregory K. Jung, Esq.

Wendel, Rosen, Black & Dean, LLP
1111 Broadway, 24” Floor

Oakland CA 94607

Phone: (510) 834-6600

oe
wo os

Email: scvitanovic@hbblaw.com. Fax: (510) 834-1928

Email: chansen@wendel.com,
Co-Counsel for Defendants Mission Place | plaufenberg@wendel.com
LLC; Mission Place Mess Holding LLC; gjung@wendel.com

Mission Place Mezzanine LLC; Mission
Place Partners LLC; Centurion Real Estate | Co-Counsel for Defendants Mission Place LLC;
Investors IV, LLC; and Centurion Real Mission Place Mess Holding LLC; Mission

Estate Partners, LLC (sued in its own name | Place Mezzanine LLC; Mission Place Partners

NNN NWN Ne NM NH

and erroneously sued as Centurion
Partners LLC)

LLC; Centurion Real Estate Investors IV, LLC;
and Centurion Real Estate Partners, LLC (sued
in its own name and erroneously sued as
Centurion Partners LLC)

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S SUPPLEMENTAL
DESIGNATION OF WITNESSES

5John A. Koeppel, Esq.

Todd J. Wenzel, Esq.

Ropers, Majeski, Kohn & Bentley
201 Spear Street, 10" Floor

San Francisco, CA 94105

Phone: (415) 543-4800

Fax: (415) 972-6301

Email: jkoeppel@ropers.com,
twenzel@ropers.com

David S. Webster, Esq.
Mark J. D’Argenio
Wood, Smith, Henning & Berman, LLP
1401 Willow Pass Road, Ste. 700
Concord, CA 94520

Phone: (925) 356-8200

Fax: (925) 356-8250

Email: dwebster@wshblaw.com,
MD'Argenio@wshblaw.com

Attorneys for Catellus Development
Corporation; Catellus Commercial
Development Corp.; Catellus Operating
Limited Partnership, Successor to Catellus
Development Corp.; Catellus Third and King
LLC; and Third and King Investors, LLC;
ProLogi

Attorneys for Catellus Development
Corporation; Catellus Commercial
Development Corp.; Catellus Operating
Limited Partnership, Successor to Catellus
Development Corp.; Catellus Third and
King LLC; and Third and King Investors,
LLC; ProLogis

po On DM FW NHN

e
Qo

ee
eo

Steven H. Schwartz Kevin P. McCarthy

Noel E. Macaulay McCarthy & McCarthy

Schwartz & Janzen, LLP 505 14" Street, Ste. 1150

12100 Wilshire Blvd., Ste 1125 Oakland, CA 94612

Los Angeles, CA 90025 Phone: (510) 839-8100

Phone: (310) 979-4090 Fax: (510) 839-8109

Fax: (310) 207-3344 Email: kmearthy@mcarthylip.com

Email: sschwartz@sj-law.com

nmacaulay@sj-law.com Attorneys for Cross-Defendant Window
Solutions, Inc.

Boe Rk Re
us Oo WM BW N

me
o

Attorneys for HKS, Inc., individually and
dba HKS Architects, Inc.

Be
wo

S. Mitchell Kaplan James P. Castles
Gregory Hanson. Richard C. Young
Gordon & Rees LLP Robles Castles & Meredith
275 Battery Street, Suite 2000 492 Ninth Street, Suite 200
San Francisco, CA 94111 . Oakland, CA 94111
Phone: (415) 986-5900 Phone: (415) 743-9300
Fax: (415) 986-8054 Fax; (415) 743-9305

Email: jim@rcmlawgroup.com
Email: skaplan@gordonrees.com rick@remlawgroup.com
ghanson@gordonrees.com ,

rN NY NN NWN
wm & WN B&B Oo

Attorneys for Skidmore Owings & Merrill LLP

N
n

Counsel for Webcor Construction, Inc. dba
Webcor Builders

nN
~N

N
oo

PLAINTIFF BEACON RESIDENTIAL, COMMUNITY ASSOCIATION’S SUPPLEMENTAL —
DESIGNATION OF WITNESSES
6worn ann bh WN

NN NON NN NM NON rb Ot
on DUM FW NF ODDO ON DUH Hh WN KF

William H. Staples

Archer Norris

2033 N. Main Street, Suite 800
Walnut Creek, CA94596

Phone: (925) 930-6600
Fax: (925) 930-6620

Email: wstaples@archernortis.com

Counsel for Anning Johnson Company

Christian P. Lucia
Denae Olivieri
Sellar Hazard Manning Ficenec & Lucia
1800 Sutter Street, Suite 460

Concord, CA 94520

Tel. (925) 938-1430
Fax (925) 256-7508

Email: clucia@sellerlaw.com
dolivieri@sellarlaw.com

Counsel for Cupertino Electric, Ine.; Creatvie
Masonry, Inc.; N.V. Heathorn, Inc., Carefree
Toland Pools, Inc.; J.W. McClenahan.
Company; West Coast Protective Coating, Inc.;
Blue's Roofing Co

Adam Brezine

Julien E. Capers

Holme Roberts & Owen LLP
560 Mission Street, 25th FI.
San Francisco, CA 94105
Tel. 415-268-2000

Fax 415-268-1999
adam.brezine@hro.com
julien.capers@hro.com

Counsel for Solutia, Inc.

William H. McInemey, Jr.
MclInemey & Dillon, P.C.

1999 Harrison Street, Suite 1700
Oakland, CA 94612

Tel. 510-465-7100

Fax 510-465-8556

wjr@mcinemey-dillon.com

Counsel for Allied Fire Protection

"PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S SUPPLEMENTAL
DESIGNATION OF WITNESSES

7EXHIBIT M=

oo Aa NO mM hk YO ON

-—

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

-+-000---

BEACON RESIDENTIAL COMMUNITY
ASSOCIATION, COPY

Plaintiff,
vs. No. CGC 08-478453

CATELLUS THIRD AND KING LLC;
CATELLUS DEVELOPMENT CORPORATION,
et al.

Defendants.

AND RELATED CROSS-ACTIONS.

DEPOSITION OF JOHN TASHJIAN

PMK For Mission Place
VOLUME II
(Pages 182 to 421, inclusive)

Taken before JANET HINCKLEY
CSR No. 5695
April 24, 2012

Aiken Welch Court Reporters
One Kaiser Plaza, Suite 505
Oakland, California 94612
(510) 451-1580/(877) 451-1580
Fax: (510) 451-3797

www. aikenwelch.com=

oclUcOmUOWmlmUNGNLUODUCUMOCUMRLUCUOOD

believe is dated December 22nd, 2004; is that correct?

A.
Q.

That I recall, yes.

In between the October 2004 original Purchase

and Sale Agreement and the 8th Amendment, did the

purchase price change?

A.

Q.
A.
Q.
A.
Q.
A.
Q.
A.

My recollection is that it did.

It went down, did it not?

I believe so, yes.

How much did it go down?

I don't remember.

How many millions of dollars did it go down?
I don't remember.

Do you recall why it went down?

The largest concern with this transaction had

237

to do with the insurance policies and these assignments,

and my recollection is that there was an adjustment for
us not getting on the Catellus OCIP policy as expected.

Q.

All right. Let's put the question differently.

You determined that it was not feasible to have

Mission Place -- strike that?

It was determined by someone --

Aiken Welch Court Reporters John Tashjian 04/24/2012=

oclcODCOmUmrmlUNLUOUMCUDBlUBGOUN

238

A. That's my recollection.

Q. Do you recall why it wasn't feasible to do so?

A. My recollection is that the insurance companies
were not willing to add our entity.

Q. Was it a blanket refusal, or was it a question
of premium?

A. I don't remember.-

Q. Who at Mission Place was involved in that
analysis or discussion?

A. I don't believe there was an analysis so much

as a discussion with Ted Antenucci. It was up to Ted to

provide us with it.

Q. Was there some discussion about the seller
purchasing a policy of insurance which would name the
buyer and provide it with roughly equivalent coverage as
the OCIP?

A. I don't remember.

Well, -youcweren? taaddedy the Buyers: wer
ether OCIP: porteyceor

Garr

Where did that leave the various seller entities
insurance-wise?

Did they have existing insurance that they felt
provided coverage?

Did you look into finding additional insurance?

Aiken Welch Court Reporters John Tashjian 04/24/2012=

oo FN OA BF WB NH

STATE OF CALIFORNIA

)
COUNTY OF CONTRA COSTA)

I, JANET HINCKLEY, a Shorthand Reporter, State
of California, do hereby certify:

That JOHN TASHJIAN, 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;

IN WITNESS WHEREOF, I have hereunder
subscribed my hand this 28th day of April 2012.

.

T HINCKLEY, CSR NO. 5695
ate of California

Aiken Welch Court Reporters John Tashjian 04/24/2012CoC mom Tt DH NH &® WY Ym

ee
e BW NN & ©

San Francisco, CA 94111
— oe
a a

Gordon & Rees LLP
275 Battery Street, Suite 2000

-
eo st

19

ATUH/1088375/9498167v.1

PROOF OF SERVICE
Beacon Residential Community Association v. Catellus Third and King, et al.
San Francisco County Superior Court Case No. CGC-08-478453

lam a resident of the State of California, over the age of 18 years, and not a party to the

within action. My business address is: Gordon & Rees LLP, 275 Battery Street, Suite 2000,
San Francisco, CA 94111, and my email address is rglynn@gordonrees.com. On January 11,
2013, I served the within documents:

QO
O

x)

SUPPLEMENTAL DECLARATION OF SANDY M. KAPLAN IN SUPPORT OF
WEBCOR ENTITIES’ REPLY TO MOTION FOR SUMMARY ADJUDICATION
AGAINST PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATIO!

by transmitting via email the document(s) listed above to the email address(es) set
forth on the attached Service List, on this date, before 5:00 p.m.

By transmitting via facsimile the document(s) listed above to the fax numbers set forth
on the attached Service List, on this date, before 5:00 p.m.

by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth on the attached Service List.

by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in United States mail in the State of California at San Francisco,
addressed as set forth on the attached Service List.

by electronic service via LexisNexis transmission to the parties listed on the
LexisNexis Service List for this matter, sent on this date, before 4:00 p.m.

SEE ATTACHED SERVICE LIST

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

is true and correct.

Executed on January 11, 2013 at San Francisco, California.

. . C.
5 5 Regina C. as

PROOF OF SERVICE2 won

28

ATU ROGSA7SNORTATTOVA

Beacon Residential Community Association v. Catellus Third and King LLC, et al.

San Francisco County Superior Court Case No.

CGC-08-478453

SERVICE LIST
Attorneys for Plaintiff Co-Counsel for Plaintiff
THE BEACON RESIDENTIAL BEACON RESIDENTIAL
COMMUNITY ASSOCIATION COMMUNITY ASSOCIATION
Ann Rankin, Esq. Kenneth 8. Katzoff, Esq.
Law Offices of Ann Rankin Robert R. Riggs. Esq.

3911 Harrison Street
Oakland, CA 94611
Tel: 510-653-8886
Fax: 510-653-8889

arankin@annrankin.com

Sung E. Shim, Esq.

Katzoff & Riggs

1500 Park Avenue, Suite 300
Emeryville, CA 94608

Tel: 510-597-1990

Fax: 510-597-0295
kkatzoff@katzoffriggs.com
miges@katzolfriges.com
sshim@katzofiriggs.com

Attorneys for Defendants Mission Place
LLC; Mission Place Mezz Holding LLC;
Mission Place Mezzanine LLC; Mission
Place Partners LLC; Centurion Real Estate
Investors IV, LLC; and Centurion Real
Estate Partners, LLC

Peter J. Laufenberg, Esq.

Gregory Jung, Esq.

Wendell, Rosen, Black & Dean

1111 Broadway, 24" Floor

Oakland, CA 94607

Tel: 510-834-6600

Fax: 510-834-1928
plaufenberg@wendel.com

Glune@wendel.com

Attorneys Defendants Mission Place LLC;
Mission Place Mezz Holding LLC; Mission
Place Mezzanine LLC; Mission Place
Partners LLC; Centurion Real Estate
Investors IV, LLC; and Centurion Real
Estate Partners, LLC

Steven M. Cvitanovic, Esq.

Robert D. Tobey Jr., Esq.

Haight, Brown & Bonesteel

71 Stevenson Street, 20th Floor

San Francisco, CA 94105

Tel: 415-546-7500

Fax: 415-546-7505
scevitanovic@hbblaw.com
rtobey@hbblaw.com

Attorneys for Defendants Catellus Third and
King LLC; Cateilus Development
Corporation; Catellus Commercial
Development Corp., Catellus Operating
Limited Partnership; Catellus Urban
Development Corporation; Third and King
Investors LLC; and Prologis

David 8S. Webster, Esq.

Mark J. D’Argenio, Esq.

Wood, Smith, Henning & Berman, LLP
1401 Willow Pass Road, Suite 700
Concord, CA 94520

Tel: 925-222-3411

Fax: 925-356-8250
dwebster@wshblaw.com

mdargenio@wshblaw.com

Attorneys for Defendants Catellus Third
and King LLC; Catellus Development
Corporation; Catellus Commercial
Development Corp., Catellus Operating
Limited Partnership; Catellus Urban
Development Corporation; Third and King
Investors LLC; and Prologis

Todd J. Wenzel, Esq.

John A. Koeppel, Esq.

Ropers, Majeski, Kohn & Bentley

201 Spear Street, Suite 1000

San Francisco, CA 94105

Tel: 415-543-4800

Fax: 415-972-6301

twenzel@rmkb.com

ikoeppel@rmkb.com

1

SERVICE LIST2 won

Attorneys for Cross-Defendant
Skidmore Owings & Merrill LP
James P. Castles, Esq.

Richard C. Young, Esq.

Robles, Castles & Meredith LLP
492 Ninth Street, Suite 200
Oakland, CA 94607

Tel: 415-743-9300

Fax: 415-743-9305
jim@rcmlawgroup.com

rick(@remlawgroup.com

Attorneys for Cross Defendant Windows
Solutions, Inc.{sued herein as ROE 1)
Kevin P. McCarthy, Esq.

Joseph C. Schultz, Esq.

McCarthy & McCarthy, LLP

The Arlington Building

492 Ninth Street, Suite 220

Oakland, CA 94607

Tel: 510-839-8100

Fax: 510-839-8108
kmecarthy@mecarthyllp.com
ischultz@mecarthylp.com

Attorneys for Cross Defendants HKS, Inc
HKS Architects, Inc; HKS, Inc.

Steven H. Schwartz, Esq.

Thomas R. Matteson, Esq.

Schwartz & Janzen, LLP

12100 Wilshire Boulevard, Suite 1125
Los Angeles, CA 90025-7117

Tel: 310-979-4090

Fax: 310-207-3344

sschwartz@)sj-law.com
tmatteson@sj-law.com

Attorneys for Defendant Anning-Johnson
Company

William H. Staples, Esq.

Archer Norris

2033 North Main Street, Suite 800

Walnut Creek, CA 94596-3759

Tek: 925-930-6600

Fax: 925-930-6620

wstaples@archemorris.com

Attorneys for Cross-Defendant Solutia Ine.
Adam Brezine, Esq.

Julien E. Capers, Esq.

Bryan Cave LLP

560 Mission Street, 25" Floor

San Francisco, CA 94105

Tel: 415-268-2000

Fax: 415-268-1999
adam.brezine@bryancave.com

julien.capers@bryancave.com

Attorneys for Defendant Architectural
Glass and Aluminum Co. Inc.

Randel J. Campbell, Esq.

Lynch, Gilardi & Grummer

170 Columbus Avenue, 5" Floor

San Francisco, CA 94133

Tel: 415-397-2800

Fax: 415-397-0937
reampbell@lgglaw.com

Attorneys for Defendants

Cupertino Electric Inc.; Allied Fire
Protection; Van-Mulder Sheet Metal, Ine.;
Blue’s Roofing Company; Creative
Masonry, Inc.; Carefree Toland Pools, Inc.;
J.W. McClenahan, Inc.; N.V. Heathorn,
Inc.; Critchfield Mechanical, Inc.; West
Coast Protective Coatings, Inc.; F. Rogers
Corporation; and Western Roofing Service
Brent Basilico, Esq.

Sellar Hazard Manning Ficenec & Lucia
1800 Sutter Street, Suite 460

Concord, CA 94520

Tel: 925-938-1430

Fax: 925-256-7508
bbasilico@sellarlaw.com
clucia@sellarlaw.com
dolivieri@sellarlaw.com

Attorneys for Defendant/Cross-Defendant
Shooter & Butts, Inc.

Steven E. McDonald

James L, Shea

Bledsoe, Cathcart, Diestel, Petersen &
Treppa LLP

601 California Street, 16" Floor

San Francisco, CA 94108

Tel: 415-981-5411

Fax: 415-981-0352

Email: smedonald@bledsoelaw.com

ysoriano@bledsoelaw.com

2

SERVICE LIST2 won

Attorneys for Defendant Webcor Builders
Erin R, Dunkerly, Esq.

Collins, Collins, Muir & Stewart

1100 El Centro Street

P. O. Box 250

South Pasadena, CA 91030-5213

Tel: 626-243-1100

Fax: 626-243-1111
edunkerly@cemslaw.com

Attorneys for Thyssenkrupp Elevator
Corporation

Christopher T. Olsen, Esq.
Clinton & Clinton

100 Oceangate, Suite 1400
Long Beach, CA 90802
Tel: 562-216-5078

Fax: 562-216-5001
ismith@clinton-clinton.com

Document Depository
Aiken & Welch

One Kaiser Plaza, Suite 275
Oakland, CA 94612

T: 510-451-1580

F: 510-451-3797

Received a copy if checked:

SPECIAL MASTER

Hon. Ronald M. Sabraw (Ret.)
Judicial Referee

JAMS

Two Embarcadero Center, Suite 1500
San Francisco, CA 94114

Tel: 415-982-5267

Fax: 415-982-5287

rsabraw@jamsadr.com
Received a copy if checked:

3

SERVICE LIST