Motion,Ex Parte: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Gordon & Rees LLP
Embarcadero Center West

275 Battery Street, Suite 2000

San Francisco, CA 94111

ID WA B® WN

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

Attorneys for Defendants, Cross-Defendants and Cross-Complainants pv.
WEBCOR CONSTRUCTION, INC.; WEBCOR BUILDERS, INC.; WEB

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

NOV 09 2012

Clerk of the Court
PASCUAL
Deputy Clerk

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.

«le

CASE NO. CGC-08-478453

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’ SEPARATE STATEMENT
OF UNDISPUTED MATERIAL FACTS
IN SUPPORT OF THEIR MOTION
FOR SUMMARY ADJUDICATION
AGAINST PLAINTIFF BEACON
RESIDENTIAL COMMUNITY
ASSOCIATION

[Code of Civil Procedure §§ 437c et seq.]

Accompanying Papers:

1) Notice of Motion and Motion for
Summary Adjudication; 2) Memorandum
of Points and Authorities; 3) Request for
Judicial Notice; 4) Declaration of Sandy M.
Kaplan; 5) Declaration of Chet Brians; and
6) [Proposed] Order

Complaint Filed: August 8, 2009

DATE: January 18, 2013
TIME: 9:30 a.m.
DEPT: 304

JUDGE: Honorable Richard A. Kramer
TRIAL DATE: February 4, 2013

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000
San Francisco, CA 94111

28

1UHY/1068375713958526~ 1

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 (“WEBCOR”) submit the
following statement of material facts as to which it contends there is no genuine issue to be tried
on the following cause of action by Plaintiff:

SEVENTH CAUSE OF ACTION: THIRD PARTY EXPRESS INDEMNITY

Plaintiff BEACON RESIDENTIAL COMMUNITY ASSOCIATION’ (“PLAINTIFF)
Seventh Cause of Action for Third Party Beneficiary — Breach of Contracts and Subcontracts —
against WEBCOR has no merit and fails because PLAINTIFF cannot prove that the BEACON
RESIDENTIAL ASSOCIATION, itself, in its capacity as assignee of the BEACON
COMMERCIAL OWNERS’ ASSOCIATION or in its asserted capacity as a representative of a
class which includes individual homeowners, referred as MEMBERS in the Third Amended
Complaint (“TAC”) are (1) intended to beneficiaries of the contract between WEBCOR and
THIRD AND KING INVESTORS, LLC. (“WEBCOR contract”) or the subcontracts in which
WEBCOR was a party (‘SUBCONTRACTS”). Nor can the PLAINTIFF show that it was a
successor to the WEBCOR contract.

THIRD PARTY BENEFICIARY
PLAINTIFF’s claims for third party beneficiary has no merit and fails because it cannot

demonstrate the parties to the WEBCOR contract or the SUBCONTRACTS intended it to be a
third party beneficiary, or that PLAINTIFF is a successor to the WEBCOR contract. (See Civil

Code of Procedure section 337.1)

Undisputed Material Facts and Supporting Response and Supporting Evidence
Evidence

I. This lawsuit was initiated by PLAINTIFF | 1.
against, inter alia, THIRD AND KING,
INC. and the CATELLUS PARTIES,
which include Catellus Development
Corp.; Catellus Operating Limited
Partnership; Catellus Urban Development
Corp.; Catellus Commercial Development
Corp.; Catellus Third and King LLC; and
Prologis, which had originally developed

and owned the PROJECT, that is currently

-2-
WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

defined as the property located at 250 and
260 King Street, San Francisco, CA, with
595 condominium units and commercial
spaces.

Supporting Evidence: See generally,
PLAINTIFF’s Third Amended Complaint
(“TAC”) at €4 1, 26 and 39 attached as
Exhibit “A” to WEBCOR’s Request for
Judicial Notice (“RIN”).

3. The suit invoives a multitude of claims of
claims against TKI and the CATELLUS
PARTIES, MISSION PLACE, LLC and
its other related entities (collectively,
MISSION PLACE”), the subsequent
owner and seller of the residential units at
the property, as well as the architects
involved in the design of the PROJECT
and the construction team, including
WEBCOR as the general.

Supporting Evidence: See generally,
PLAINTIFF’s TAC, attached as Exhibit “A”
to WEBCOR’s RJN.

3, PLAINTIFF brings the suit on behalf of
itself, referenced herein specifically as (1)
the Beacon Residential Community
Association (“BEACON
ASSOCIATION”), (2) the Beacon
Commercial Owners’ Association
(“COMMERCIAL ASSOCIATION”)
from whom BEACON ASSOCIATION
claims it was assigned its rights, and (3)
on behalf of the 595 individual unit
owners (the “MEMBERS”).

Supporting Evidence: PLAINTIFF’s TAC
at {10, 19-20, attached as Exhibit “A” to
WEBCOR’s RIN.

4. A motion for class certification is
pending.

Supporting Evidence: Declaration of Sandy
M. Kaplan (“Kaplan Decl.”) at (2.

-3-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS PN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

Ss oem WROD HW BR BW NY

no

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

5. Webcor Construction, Inc. dba Webcor
Builders entered into a construction
contract (“WEBCOR contract”) with TKI
in or around August 24, 2001.

Supporting Evidence: Declaration of Chet
Brians (“Brians Decl.”), at | 2; Exhibit “B,”
attached thereto.

6. The scope of work for the PROJECT was
stated in the WEBCOR contract as
comprising of residential, retail and
commercial.

Supporting Evidence: See Brians Decl. at
4/4, Exhibit A-1 of Exhibit “B,” attached
thereto.

6.

7. The residential component was described
as 595 residential units for rent.

Supporting Evidence: Brians Decl. at § 5,
Exhibit A-1 of Exhibit “B,” attached thereto.

8. At the time that WEBCOR entered into
the WEBCOR contract and
SUBCONTRACTS, it understood that the
residential portion of the PROJECT was
to be constructed and used as apartments.

Supporting Evidence: Brians Decl. at { 6.

9° TKI and the CATELLUS PARTIES
designated Seth Bland as their Person
Most Knowledgeable on the issues of
design of the Project and the Covenants,
Conditions and Restrictions (““CC&Rs).

Supporting Evidence: Kaplan Decl. at { 3;
Exhibit “C”.

10. TK] and the CATELLUS PARTIES also
designated Michael McCone as their
person most knowledgeable on
construction issues and a number of other
related issues in their Second Amended
Designation of Persons Most
Knowledgeable

Supporting Evidence: Kaplan Decl. at { 4;
Exhibit “C”.

-4e

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West

275 Battery Street, Suite 2000

San Francisco, CA 94111

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

11. While TKT and the CATELLUS
PARTIES owned the PROJECT, a
substantial portion of the units were
rented as apartments ~ approximately one
entire tower.

Supporting Evidence: Deposition of Seth
Bland (“Bland Depo.”) at pp. 157:12-25;
158:1-22, attached as Exhibit “D” to Kaplan
Decl.

Deposition of John Tashjian (“Tashjian
Depo.”) Vol. 2, at pp. 273:22-25: 274:1-8,
attached as Exhibit “E” to Kaplan Decl.

Ii.

12°TKT and the CATELLUS PARTIES
intended and operated the entire
PROJECT, including the commercial
spaces and units, as rental properties.

Supporting Evidence: See Bland Depo, at
pp. 49:3-11, 19-25; 50:1-6; 132:2-25; 133:1-
13; 160:11-19, attached as Exhibit “D” to
Kaplan Decl.

Deposition of Michael McCone (“MeCone

Depo.”), at pp. 17:10-25; 91:14-25; 92:1-6;

189:19-25; 190:1-6, attached as Exhibit “F”
to Kaplan Decl.

12.

13. None of the units were sold as
condominiums were sold by TK] or the
CATELLUS PARTIES.

Supporting Evidence: See Deposition of

Jeffrey Worthe (“Worthe Depo.”) Vol. 2, at p.

288:19-25; 289:1-2, attached as Exhibit “G”
to Kaplan Decl.

13.

147MISSION PLACE purchased the
PROJECT in December of 2004.

Supporting Evidence: Tashjian’s
Declaration to MISSION PLACE’s Motion
for Summary Adjudication against
WEBCOR, at { 3, attached as Exhibit “K” to
WEBCOR’s RIN.

14.

-$-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

Ss Dm NY DR HR BR WH YD om

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

15. MISSION PLACE was the party which
sold the units as condominiums.

Supporting Evidence: Worthe Depo., Vol. 2
at pp. 288:19-25; 289: 1-2, attached as Exhibit

“G” to Kaplan Decl.

15.

16. In or around the winter of 2005,
MISSION PLACE began selling the units
as condominiums to individuals and sold
the last condominium in 2007.

Supporting Evidence: See Tashjian Depo.,

at pp. 248:21-25; 252:3-7, attached as Exhibit

“E” to Kaplan Decl.

16.

17. Although MISSION PLACE had no such
intention when it purchased the
PROJECT, MISSION PLACE also sold
the commercial spaces to individuals and
companies, as well as the parking garage
after it purchased the PROJECT from
TKI.

Supporting Evidence: See Tashjian Depo.,
at p. 251:9-16, attached as Exhibit “E” to
Kaplan Decl.

17.

18. Specifically, PLAINTIFF asserts that
WEBCOR “knew (a) that principals,
agents or employees of
PROLOGIS/CATELLUS’ and/or
‘MISSION PLACE LLC’ would
ultimately be the sole shareholders,
officers and directors of Plaintiff
Association; (b) that title to the Subject
Property would ultimately be transferred
to the Members; (c) that such Plaintiff
Association and the Commercial
Association would ultimately be

responsible for the maintenance and repair

of the various building components that

were being developed, design, constructed

and/or supplied .... [T]hese contracts and
subcontract were, therefore, made for the

express and immediate benefit of Plaintiff.

Plaintiff was a third party beneficiary of

the foregoing contract under the principles

of Gilbert Fin. Corp. v. Steelwork
Contracting Co. (1978) 82 Cal. App. 3d
65, and Loduca v. Polyzos (2007), 153

18.

-6-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

Do Ce NY DBD HW

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

Cal App.4" 334"

Supporting Evidence: PLAINTIFF’s TAC,
at {| 108, 109 attached as Exhibit “A” to
WEBCOR’s RIN.

19, PLAINTIFF asserts that the BEACON
ASSOCIATION, the COMMERCIAL
ASSOCIATION and the MEMBERS “are
successors in interest to
PROLOGIS/CATELLUS and MISSION
PLACE, LLC.” in regards to the
WEBCOR contract.

Supporting Evidence: PLAINTIFF’s TAC
at € 107, attached as Exhibit “A” to
WEBCOR’s RIN.

19.

20. TKI and the CATELLUS PARTIES’
designated person most knowledgeable
on, inter alia, design issues and the
Covenants, Conditions and Restrictions
(“CC&Rs”), Seth Bland testified that
“there was no point at which anyone at
Catellus thought this [Project] would be a
condominium project. Catellus ... and
our charge at the Urban Group intended to
design, finance and construct an
exclusively rental project.”

Supporting Evidence: Bland Depo., at pp.
49:3-11, attached as Exhibit “D” to Kaplan
Decl.

20.

21. Mr. Bland testified that it was not until
2004, when the PROJECT was nearly
complete, that it was determined that it
would be sold. It was at that point that it
was understood that the PROJECT would
be used as condominiums.

Supporting Evidence: Bland Depo., at pp.
49:24-25; 50:1-6; attached as Exhibit “D” to
Kaplan Decl.

21,

22. When probed more intensely about
CATELLUS?’ intent in building the
PROJECT, Mr. Bland reiterated that
despite the fact that CATELLUS prepared
the Master Declaration of Covenants,
Conditions, Restrictions and Reservations
of Easement for the Mission Bay - A

22,

-7-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

Master Plan Community (“Master

CC&Rs”) which stated that it “intended to

create a condominium project ...”,
CATELLUS always intended to rent the
entire PROJECT, “it only created the
CC&Rs to make it possible for someone

else in the future to create a condominium

project. It wasn’t Catellus’ intention to
ever sell the units”

Supporting Evidence: Bland Depo., at
pp:131:18-25 through 133:1-13, attached as
Exhibit “D” to Kaplan Decl.

23, Mr. McCone testified that his
understanding was that CATELLUS
stated in the CC&Rs that its intent was to
create a condominium project was merely
to create an opportunity in the future, as
prudent developers do, to make the sale
value higher. Moreover, he testified that
“with a project of this size [creating a
future condominium project] can only be
done during construction. It’s harder to
de [that] after it’s constructed so it is
common that [the CC&Rs] are created
during construction, whether or not a
project ever becomes a condominium of
not.”

Supporting Evidence: McCone Depo., at
pp. 91:14-25; 92:1-6, attached as Exhibit “F”
to Kaplan Decl.

23.

24. Mr. McCone further testified that he did
not keep in mind during the construction
of the PROJECT that the residential units
might some day have been used as
condominiums.

Supporting Evidence: McCone Depo., at p.
92:7-10, attached as Exhibit “F” to Kaplan
Decl.

24.

35. The “Project Description” contained in the | 25.

WEBCOR contract describes the
residential portion of the PROJECT as
follows: “All 595 residential units are
currently intended to be rental, however,
the entire project will be mapped for
condominium purposes, providing
Catellus with the flexibility to convert

-8-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000
San Francisco, CA 94111

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

residential rental units to for-sale units in
the event it becomes financially beneficial
to do so.” This quote is the single use of
the term “condominium” in the entirety of
the approximately 163-page long
WEBCOR contract.

Supporting Evidence: Brians Decl., at § 7;
see also, Exhibit A-1 of Exhibit “B” attached
to Brians Decl. (Emphasis added.)

26. The WEBCOR contract does not mention
BEACON ASSOCIATION; its
predecessor association, Mission Place
Residential Community Association; any
homeowner association; any CC&Rs; or
that any such association or persons
would be created or in existence.

Supporting Evidence: Brians Decl., at € 8;
see also, Exhibit “B,” attached to Brians Decl.

26.

27. The WEBCOR contract does not
reference the COMMERCIAL
ASSOCIATION, any predecessor
commercial association, or that any such
associations would be created or were
created.

Supporting Evidence: Brians Decl., at § 9;
see also, Exhibit “B,” attached to Brians Decl.

27.

28. At the time that WEBCOR entered into its
contract and SUBCONTRACTS,
WEBCOR was unaware of that TKI or
any of the CATELLUS PARTIES were
planning to record the any CC&Rs, and
create a residential and/or commercial
association.

Supporting Evidence: Brians Decl., at § 10.

28..

29. WEBCOR had no knowledge when it
entered into the WEBCOR contract and
the SUBCONTRACTS that TKI or any of
the CATELLUS PARTIES would sell the
PROJECT to MISSION PLACE LLC.

Supporting Evidence: Brians Decl., at { 11.

29.

-9-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

wa

om IH

10
Wl
12
13
4
15
16
7
18
19
20
21
22
23
24
25
26
27
28

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

30. At the time WEBCOR entered into its
contract and the SUBCONTRACTS,
WEBCOR was unaware of the identities
of the purchasers of the units, the
MEMBERS.

Supporting Evidence: Brians Decl., at { 12.

30.

31. At the time that WEBCOR entered into its
contract and the SUBCONTRACTS, it
was unaware of any of the identities of the
purchasers of the commercial spaces, or
that TK] or CATELLUS PARTIES, or
MISSION PLACE intended to sell any of
the commercial spaces.

Supporting Evidence: Brians Decl., at { 13.

31.

32. MISSION PLACE, LLC, the entity which
bought the Project, was not even created
until 2004, three years after the date of the
WEBCOR contract.

See Tashjian Depo., Vol. 1, at pp 13:20-25;
14:1-13, attached as Exhibit “E” to Kaplan
Decl.

32.

33, it was not until November 15, 2002, that
the TKI or the CATELLUS PARTIES
recorded the Master CC&Rs which
created the Master Association for the
entire PROJECT.

Supporting Evidence: See Exhibit “H.”
attached to WEBCOR’s RIN.

33.

34, On December 5, 2003, more than two
years after the WEBCOR contract was in
effect, TKI and the CATELLUS
PARTIES recorded the Declaration of
Covenants, Conditions, Restrictions, and
Reservation of Easements for Mission
Bay (Residential).

Supporting Evidence: See Exhibit “I,”
attached to WEBCOR’s RIN.

34.

35. The PLAINTIFF admits in its TAC, the
following:

“On or about December 5, 2003, a Mutual
Benefit Agreement Between Joint Owners

35.

-10-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

of Building (Mission Bay Mixed Use
Residential/Commercial Block N2
(“MBA”) was recorded . .. The parties
were defendant CATELLUS THIRD
AND KING, LLC and defendant
THIRD[AND KING INVESTORS LLC
... Plaintiff's predecessor, the Mission
Place residential Community Association.

On or about November 9, 2004, the
Articles of Incorporation of Mission Place
Residential Community Association were
filed with the Secretary of State for the
State of California, ...

On or about December 28, 2004, in the
official records of the City and County of
San Francisco, said [the Mission Place
Residential Community Association]
caused to be record the Amended and
Restated Declaration of [CC&Rs] and
Reservation of Easements for Mission
Place (Residential). ...

On or about May 2, 2005, an Amendment
of Articles of Incorporation was filed to
change the name of the Mission Place
Residential Association to the BEACON
ASSOCIATION.”

Supporting Evidence: TAC, at {ff 10-14,
attached as Exhibit “A” to WEBCOR’s RIN.

36. WEBCOR did not intend that the 36.

BEACON ASSOCIATION, the
COMMERCIAL ASSOCIATION or the
MEMBERS be third party beneficiaries to
the WEBCOR contract.

Supporting Evidence: Brians Decl. at §14.

37. WEBCOR did not intend that the 37.

BEACON ASSOCIATION, the
COMMERCIAL ASSOCIATION or the
MEMBERS be third party beneficiaries to
any of the SUBCONTRACTS.

Supporting Evidence: Brians Decl. at { 15.

~The

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OP
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94111

Undisputed Material Facts and Supporting
Evidence

Response and Supporting Evidence

38. The attorney’s fee provision in the
WEBCOR contract states, in relevant part:
“In any proceeding brought by one party
hereto against the other to enforce or
interpret the terms of the Contract
Document ..., the prevailing party in such
proceeding shall be entitled to an award of
the reasonable fees and disbursements of
its attorneys... .”

Supporting Evidence: Brians Decl, at | 16;
see also, Exhibit “B,” at { 14.15, attached to
Brians Decl. (Emphasis added.)

38.

39. The WEBCOR contract states, that “this
Agreement shall inure to the benefit of
and shall be binding upon the successors
and assigns of [Third and King Investors,
LLC.

Supporting Evidence: Brians Decl. at { 17;
see also, Exhibit “B,” at § 14.11, attached to
Brians Decl. (Emphasis added.)

39,

Dated: November 8, 2012

GORDON & REES LLP

By Suttle =
ANDY™. KAPLAN

Attorneys for Attorneys for Defendants, Cross-
Defendants and Cross-Complainants
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

~12-

WEBCOR’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATIONGordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
a

28

ATUHY1068375098981670 1

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

1am 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. On November 9, 2012, I served the within documents:

WEBCOR CONSTRUCTION, INC.; WEBCOR BUILDERS, INC.; WEBCOR
CONSTRUCTION, INC. dba WEBCOR BUILDERS on it own behalf and
erroneously sued as WEBCOR CONSTRUCTION LP dba WEBCOR BUILDERS’
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT
OF THEIR MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF
BEACON RESIDENTIAL COMMUNITY ASSOCIATION

oO by transmitting via email the document(s) listed above to the fax number(s) set forth
below on this date before 5:00 p.m.

oOo by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.

oO 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 below.

by electronic service via LexisNexis transmission to the parties’ listed on the
LexisNexis Service List for this matter sent on this date before 5:00 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 November 9, 2012 at San Francisco, California.

Regina C. G

PROOF OF SERVICE28

AIUH/1068375/108747700 1

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

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
GJung@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
sevitanovic@hbblaw.com

rtobey‘@hbblaw.com

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

David S. 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

i

SERVICE LISTAttorneys 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@remlaweroup.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
jschultz@mccarthyllp.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@s}-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

Tel: 925-930-6600

Fax: 925-930-6620

wstaples@archernorris.com

‘Attorneys for Cross-Defendant Solutia Inc.
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@lgelaw.com

Attorneys for Defendants

Cupertino Electric Inc.; Allied Fire
Protection; Van-Mulder Sheet Metal, Inc.;
Blue’s Roofing Company; Creative
Masonry, Inc.; Carefree Toland Pools, Inc.;
JW, 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@pbledsoelaw.com

2

SERVICE LISTAttorneys 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@ccemslaw.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

jsmith@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 94111

Tel: 415-982-5267

Fax: 415-982-5287

rsabraw@jamsadr.com
Received a copy if checked: |

3

SERVICE LIST