On August 08, 2008 a Party Discovery 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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Christian P. Lucia (SBN 203567) Brent F. Basilico (SBN 197159) SELLAR HAZARD MANNING FICENEC & LUCIA A Professional Law Corporation 1800 Sutter Street, Suite 460 Concord, CA 94520 Telephone: (925) 938-1430 Facsimile: (925) 256-7508 Email: clucia@sellarlaw.com; bbasilico@sellarlaw.com Attorneys for: Defendants and Cross-Defendants Cupertino Electric, Inc.; Creative Masonry, Inc.; Carefree Toland Pools, Inc.; J.W, McClenahan, Inc.; Van-Mulder Sheet Metal, Inc.; N.V. Heathorn, Inc.; Critchfield Mechanical, Inc.; Blue's Roofing Company; West Coast Protective Coatings; Allied Fire Protection; F. Rodgers Corporation, Western Roofing Service ELECTRONICALLY FILED Superior Court of California, County of San Francisco NOV 20 2012 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BEACON RESIDENTIAL COMMUNITY ASSOCIATION Plaintiff, ve a CATELLUS THIRD AND KING, LLC, et al. Defendants, AND ALL RELATED CROSS-ACTIONS -l- Case No.: CGC08-478453 REQUEST FOR JUDICIAL NOTICE OF THE EXISTENCE OF DOCUMENTS IN SUPPORT OF DEFENDANT AND CROSS- DEFENDANTS CUPERTINO ELECTRIC, INC., CREATIVE MASONRY, INC., CAREFREE TOLAND POOLS, INC,, J.W. MCCLENAHAN, INC., VAN MULDER SHEET METAL, INC., N.V. HEATHORN, INC., CRITCHFIELD MECHANICAL, INC., BLUE’S ROOFING COMPANY, WEST COAST PROTECTIVE COATINGS, ALLIED FIRE PROTECTION, AND WESTERN ROOFING SERVICE’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S SEVENTH CAUSE OF ACTION FOR THIRD PARTY BENEFICIARY/BREACH OF CONTRACTS AND SUBCONTRACTS ALLEGED IN PLAINTIEF’S THIRD AMENDED COMPLAINT REQUEST FOR JUDICIAL NOTICE OF THE EXISTENCE OF DOCUMENTS IN SUPPORT OF SUBCONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION 98910 Case No, CGC08-478453oD wm ND A Be DON woMW YY RYN NR NK ND He ee Se Se Be Be Se co 4D RH Hh FB WH &§ DBD ODO we RQ BD HW FF Ww HY Documents Served and Filed Herewith: 1. Separate Statement of Undisputed Material Facts Notice of Motion and Motion Declaration of Brent F. Basilico Memorandum of Points and Authorities Declarations of Moving Parties VEY Date: January 18, 2013 Time: 9:30 a.m. Dept.: 304 Judge: Honorable Richard A. Kramer Complaint Filed: August 8, 2009 [California Code of Civil Procedure § 437c] Pursuant to California Evidence Code §§ 351, 452, and 453, Defendants and Cross-Defendants Cupertino Electric, Inc.; Creative Masonry, Inc.; Carefree Toland Pools, Inc.; J.W. McClenahan, Inc.; Van-Mulder Sheet Metal, Inc.; N.V. Heathorn, Inc.; Critchfield Mechanical, Inc.; Blue's Roofing Company; West Coast Protective Coatings; Allied Fire Protection; and Western Roofing Service (collectively, “SUBCONTRACTORS” respectfully request this Court take judicial notice of the existence of the documents set forth below solely in support of their motion for summary adjudication against Plaintiff Beacon Residential Community Association’s (“PLAINTIFF”) seventh cause of action for third party beneficiary/breach of contracts and subcontracts alleged in PLAINTIFY’s third amended complaint (“TAC”). SUBCONTRACTORS do not admit the truth of the matters asserted in the documents which are the subject of this request for judicial notice, merely, that the documents exist. California Evidence Code § 452 provides that a Court may take judicial notice of the following: «(d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.” California Evidence Code § 452(d). California Evidence Code § 452 also provides that a Court may take judicial notice of the following: “(h) Facts and propositions that are not reasonably subject to dispute and are capable of -2- REQUEST FOR JUDICIAL NOTICE OF THE EXISTENCE OF DOCUMENTS IN SUPPORT OF SUBCONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION 98910 Case No. CGC08-478453immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” California Evidence Code § 452(h). The documents that SUBCONTRACTORS request judicial notice of the existence of are all contained in the Court's file in the above captioned matter and identified below. 1. ‘A copy of PLAINTIFF’s TAC filed in the above captioned matter which is attached to the declaration of Brent F. Basilico as Exhibit “A”, served and filed concurrently herewith. 2. The Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Mission Place. A copy of this document is attached to the request for judicial notice filed by Defendant and Cross-Defendant Anning-Johnson Company (“ANNING- JOHNSON”) cn or about November 1, 2012, as Exhibit “B”. [Rather than congest the Court’s file with multiple copies of the same documents, SUBCONTRACTORS are basing their motion, inter alia, on documents filed by ANNING-JOHNSON and Defendant and Cross-Complainant Webcor Construction, Ine., dba Webcor Builders (collectively “WEBCOR”) in support of their motions for summary adjudication on the same cause of action alleged in PLAINTIFF’s TAC, which will be heard concurrently with SUBCONTRACTORS’ motion} A certified copy of the CC&R’s, including the Articles of Incorporation for Mission Place Residential Community Association, is attached to PLAINTIFF’s request for judicial notice in support of its motion for class certification as Exhibit “A”. 3. First Amendment to the Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Mission Place, which is attached to the request for judicial notice filed by ANNING-JOHNSON on or about November 1, 2012, as Exhibit “C”. A certified copy of the First Amendment to the Amended CC&R’s is attached to PLAINTIFF’s request for judicial notice in support of its motion for class certification as Exhibit “B”. 4, The Certificate of Final Completion and Occupancy for 250 King Street issued on October 6, 2064, which is attached to the request for judicial notice filed by ANNING-JOHNSON on or about November 1, 2012, as Exhibit “D”. This document was also attached to PLAINTIFF’s request for judicial notice in support of its motion for class certification as Exhibit “C”. The original is on file with the San Francisco Department of Building Inspection. -3- REQUEST FOR JUDICIAL NOTICE OF THE EXISTENCE OF DOCUMENTS IN SUPPORT OF SUBCONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION 98910 Case No. CGC08-478453_ Co OD mW UN DH WH FF WN 5. The Certificate of Final Completion and Occupancy for 260 King Street issued on October 6, 2004, which is attached to the request for judicial notice filed by ANNING-JOHNSON on or about Noveraber 1, 2012, as Exhibit “E”. This document was also attached to PLAINTIFF’s request for judicial notice in support of its motion for class certification as Exhibit “D”. The original is on file with the San Francisco Department of Building Inspection. 6. The October 31, 2012, declaration of Chet Brians in support of WEBCOR’s motion for summary adjudication set to be heard concurrently with SUBCONTRACTORS?’ motion for summary adjudication. : 7, The November 1, 2012, declaration of Ioana Mondescu in support of ANNING- JOHNSON’s motion for summary adjudication set to be heard concurrently with SUBCONTRACTORS’ motion for summary adjudication. 8. The declaration of Sandy Kaplan in support of WEBCOR’s motion for summary adjudication set to be heard concurrently with SUBCONTRACTORS’ motion for summary adjudication. DATED: November 20, 2012 SELLAR HAZARD MANNING FICENEC & LUCIA —— Fo Brent F. Basilico Attorneys For Defendants and Cross-Defendants Cupertino Electric, Inc.; Creative Masonry, Inc.; Carefree Toland Pools, Inc.; J.W. McClenahan, Inc.; Van-Mulder Sheet Metal, Inc.; N.V. Heathorn, Inc.; Critchfield Mechanical, Inc.; Blue's Roofing Company; West Coast Protective Coatings; Allied Fire Protection; F. Rodgers Corporation; Western Roofing Service -4- REQUEST FOR JUDICIAL NOTICE OF THE EXISTENCE OF DOCUMENTS IN SUPPORT OF SUBCONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION 98910 Case No. CGC08-478453