On August 08, 2008 a Hearing 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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MOCO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-17-2012 3:43 pm Case Number: CGC-08-478453 Filing Date: Jul-17-2012 3:39 Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 03688412 MOTION FOR SUMMARY ADJUDICATION BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al 001003688412 Instructions: Please place this sheet on top of the document to be scanned.‘ 1 SoU wm NIN DH BBW N BN NY NN NY KS Be Be ewe we ewe we Se ee DA nk WN |= DOD we ANI DH FF WBN & Le N x 28 LAW OFFICES HAIGHT, BROWN & BONESTEEL, LLLP. ‘San Francisco Charles A. Hansen (Bar No. 76679) Peter J. Laufenberg (Bar No. 172979) WENDEL, ROSEN, BLACK & DEAN LLP 1111 Broadway, 24th Floor Oakland, California 94607-4036 Telephone: (510) 834-6600 Facsimile: (510) 834-1928 Steven M. Cvitanovic (Bar No. 168031) | Zachary W. Shine (Bar No. 271522) HAIGHT BROWN & BONESTEEL LLP 71 Stevenson Street, 20th Floor San Francisco, California 94105-2981 Telephone: (415) 546-7500 | Facsimile: (415) 546-7505 BEACON RESIDENTIAL COMMUNITY | ASSOCIATION, Plaintiff, v. ) 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; PROLOGIS; ) MISSION PLACE LLC; MISSION ) PLACE MEZZANINE LLC; MISSION __) PLACE MEZZ HOLDINGS LLC; ) MISSION PLACE PARTNERS LLC; ) CENTURION REAL ESTATE ) INVESTORS IV, LLC; CENTURION ) REAL ESTATE PARTNERS, LLC; ) CENTURION PARTNERS LLC; ) WEBCOR CONSTRUCTION INC.; WEBCOR BUILDERS, INC.; WEBCOR CONSTRUCTION, INC. individually and doing business as WEBCOR BUILDERS; ) Attorneys for Defendants and Cross-Complainants 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 (sued in its own name and erroneously sued as Centurion Partners LLC) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO Case No. CGC 08-478453 NOTICE OF CONTINUED HEARING ON MOTION FOR SUMMARY ADJUDICATION BY MISSION PLACE LLC AND AFFILIATES AGAINST WEBCOR CONSTRUCTION, INC. AND HKS, [Filed concurrently with Supplemental Memorandum of Points and Authorities; Amended Separate Statement of Undisputed Material Facts; Declaration of Zachary W. Shine; Declaration of Peter Laufenberg; Supplemental Declaration of John C. Tashjian; Supplemental Compendium of Exhibits] August 24, 2012 10:00 a.m. 304 Hon. Richard A. Kramer Date: Time: Dept: Judge: 2U29-0000032 3963383.1 Notice of Continued Hearing on Motion for Summary Adjudication by Mission Place LLC, et al.| WEBCOR CONSTRUCTION LP. individually and doing business as WEBCOR BUILDERS; SKIDMORE OWINGS & MERRILL LLP; HKS, INC; HKS ARCHITECTS, INC; HKS, INC, individually and doing business as HKS ARCHITECTS, INC., and DOES 1 through 200, Defendants. AND RELATED CROSS-ACTIONS Co oN DA HW BF WN TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PURSUANT TO THE ORDER OF THE COURT AND THE STIPULATION OF THE PARTIES, PLEASE TAKE NOTICE THAT on August 24, 2012, at 10:00 a.m., or as Be oe oe Nn - SO soon thereafter as the matter may be heard in Department 304 of the above-entitled court w located at 400 McAllister Street, San Francisco, California, the Court shall conduct a B further hearing on the motion for summary adjudication on the Seventh Cause of Action n for Declaratory Relief against Cross-Defendants Webcor Construction, Inc., dba Webcor a Builders, Inc. (“Webcor”) and HKS Architects, Inc. (“HKS”) (hereinafter collectively 3 referred to as the “Cross-Defendants”) filed by Defendants and Cross-Complainants 00 Mission Place LLC; Mission Place Mezz Holding LLC; Mission Place Mezzanine LLC; S Mission Place Partners LLC; Centurion Real Estate Investors IV, LLC; and Centurion Real N oS Estate Partners, LLC (sued in its own name and erroneously sued as Centurion Partners N LLC) (hereinafter collectively referred to as “Cross-Complainants”). N nN | A dispute has arisen and an actual controversy exists as to whether Cross- 23 | Defendants have an immediate duty to defend Cross-Complainants from the claims 24 | asserted by the Beacon Residential Community Association (“Beacon RCA”) in this 25 | action. A judicial determination of the liabilities and rights of the parties with respect to 26 | this issue is appropriate and necessary. Cross-Complainants assert that Cross-Defendants 27 | singularly or together have an immediate defense obligation by virtue of the contractual 28 LAW OFFICES 2 HACHT BROWN | 2u20.0000032 + Notice of Continued Hearing on Motion for Summary Adjudication San Francisco 3963383.1 by Mission Place LLC, et al.oOo nN DN BF wBwY = RN RY KR NY KY NY KY HK | = B&B Se Be Be Be Be oN DW FB NH KF ODO ON DH FF WB NY KK OO LAW (9 FICES HAIG BONES E12. 1.LP. San Francisco indemnity agreements that favor Cross-Complainants as applied to the law enunciated by.. the California Supreme Court in Crawford et al. v. Weather Shield Mfg. Inc., 44 Cal. 4th 541 (2008). Specifically, the moving Cross-Complainants seek summary adjudication on the following four issues: Issue 1: This Court should declare under the Seventh Cause of Action for Declaratory Relief that Webcor has a duty to defend Mission Place LLC against the claims asserted by the Beacon RCA. Webcor expressly agreed to defend and indemnify the original developer of the Beacon condominium project, Third and King Investors, LLC (“TKI”). TKI assigned all of its rights under that contract to Mission Place LLC, including the right to be defended and indemnified by Webcor. Webcor expressly consented to such assignment and expressly acknowledged that Mission Place LLC was TKI’s successor. The Beacon RCA’s claims against Mission Place LLC include claims that are within the scope of the Webcor indemnity agreement. Issue 2: This Court should declare under the Seventh Cause of Action for Declaratory Relief that HKS has a duty to defend Mission Place LLC against the claims asserted by the Beacon RCA. HKS expressly agreed to hold harmless and indemnify the “Owner” (as defined in the HKS Agreement) of the Beacon condominium project under the Mission Bay Agreement Between Architect and Owner (the “HKS Agreement”). TKI, as Owner, assigned all of its rights under the HKS Agreement to Mission Place LLC, including the tight to be held harmless and indemnified by HKS. HKS expressly consented to such assignment, and expressly acknowledged that Mission Place LLC was the successor “Owner,” as that term is defined in the HKS Agreement. The duty to hold harmless and indemnify, under established California law, includes a duty to defend. The Beacon RCA’s claims against Mission Place LLC include claims that are within the scope of the HKS indemnity agreement. 3 2u25-00002 + Notice of Continued Hearing on Motion for Summary Adjudication [2983831 by Mission Place LLC, et al.1 1 1 1 1 1 1 1 1 Issue 3: This Court shovld declare unde; the Seventh Cause of Action for 2 | Declaratory Relief that Webcor has a duty to defend Mission Place Mezz Holding 3] LLC, Mission Place Mezzanine LLC, Mission Place Partners LLC, Centurion Real 4|Estate Investors IV, LLC, and Centurion Real Estate Partners, LLC against the 5 || claims asserted by the Beacon RCA. 6 Webcor expressly agreed to defend and indemnify the original developer of the 7 | Beacon condominium project, TKI, and all subsidiary and affiliated entities of the 8 | developer and each of their respective members, managers, partners, agents, 9 || representatives, trustees, directors, officers, shareholders and employees, and each of them. 0} TKI assigned all of its rights under that contract to Mission Place LLC. Webcor expressly 1 | consented to such assignment and expressly acknowledged that Mission Place LLC was 2 | TKI’s successor. The Beacon RCA’s claims against Mission Place Mezz Holding LLC, 3 | Mission Place Mezzanine LLC, Mission Place Partners LLC, Centurion Real Estate 4 | Investors IV, LLC, and Centurion Real Estate Partners, LLC (collectively, the “Mission 5 | Place-A ffiliated Entities”) include claims that are within the scope of the Webcor 6 | indemnity agreement. Each of the Mission Place-Affiliated Entities is entitled to defense 7 jas an affiliated entity of Mission Place LLC. 18 Issue 4: This Court should declare under the Seventh Cause of Action for 1 9 | Declaratory Relief that HKS has a duty to defend Mission Place Mezz Holding LLC, 20 | Mission Place Mezzanine LLC, Mission Place Partners LLC, Centurion Real Estate 21 [Investors IV, LLC, and Centurion Real Estate Partners, LLC against the claims 22 | asserted by the Beacon RCA. 23 HKS expressly agreed to hold harmless and indemnify the “Owner” of the Beacon 24 | condominium project and all subsidiary and affiliated entities of Owner and each of their 25 | respective members, managers, partners, agents, representatives, trustees, directors, 26 | officers, shareholders and employees. TKI, as Owner, assigned all of its rights under the 27 | HKS Agreement to Mission Place LLC, including the right to be held harmless and 28 | indemnified by HKS. HKS expressly consented to such assignment, and expressly LAW OFFICES HAIGHT, BROWN & BONESTEEL, LLP. San Francisco 4 zv29-0000022 Notice of Continued Hearing on Motion for Summary Adjudication 3963383.1 by Mission Place LLC, et al.LAW OFFICES HAIGHT, BROWN & BONESTERL. { LP. San Francisco acknowledged that Mission Place LLC was the successor “Owner,” as that term is defined ~ in the HKS Agreement. The duty to hold harmless and indemnify, under established California law, includes a duty to defend. The Beacon RCA’s claims against the Mission Place-A ffiliated Entities include claims that are within the scope of the HKS indemnity agreement. Each of the Mission Place-Affiliated Entities is entitled to indemnity as an affiliated entity of Mission Place LLC. This Motion will be based on this Notice, the accompanying Supplemental Memorandum of Points and Authorities, the Declarations of Zachary Shine and Peter Laufenberg; the Supplemental Declaration of John Tashjian, the Amended Separate Statement of Undisputed Material Facts, the Supplemental Compendium of Exhibits, the Reply papers, the earlier filed pleadings in support of this motion, the Court’s files and records, the oral arguments of counsel, and any further evidence the Court may deem necessary for a full hearing on the motion. Dated: July 17,2012 HAIGHT BROWN & BONESTEEL LLP By: teven M. Cvita Zachary W. Shine 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 (sued in its own name and erroneously sued as Centurion Partners LLC) ic 5 zu2.00000322 ~~ Notice of Continued Hearing on Motion for Summary Adjudication 3963383.) by Mission Place LLC, et al.