On August 08, 2008 a Motion,Ex Parte 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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IEMA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-07-2012 1:29 pm Case Number: CGC-08-478453 Filing Date: May-07-2012 1:29 Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 03605045 GENERIC CIVIL FILING (WITH FEE) BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al 001C03605045 Instructions: Please place this sheet on top of the document to be scanned.op mR AH BRB WHY = 11 Ann Rankin, Esq. (SBN 83690) Terry Wilkens, Esq. (SBN 118469) Jeffrey R. Cluett, Esq. (SBN 200327) 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 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 ASSOCIATION, Plaintiff, Vv. CATELLUS THIRD AND KING LLC; CATELLUS DEVELOPMENT CORPORATION; CATELLUS COMMERCIAL DEVELOPMENT CORPORATION; CATELLUS OPERATING LIMITED PARTNERSHIP; CATELLUS URBAN DEVELOPMENT CORPORATION; THIRD AND KING INVESTORS LLC; et al., Defendants. CASE NO.: CGC-08-478453 [Assigned to Judge Richard A. Kramer] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO., INC. AND FOR SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2030.290 Date: June 13, 2012 Time: 8:30 a.m. Telephonic: Dial 1-877-696-5267, and ask for the session with Judge Sabraw Complaint Filed: August 8, 2008 I, INTRODUCTION Because AGA has not served discovery responses, this Court should grant Plaintiff's motion to compel further responses and award it sanctions of $1,000.00. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO,, INC. AND FOR SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2030.290 BY FAXCm ND HW FF WN I. FACTS This action alleges design and construction deficiencies in a 595-unit condominium] project. Plaintiff's Third Amended Complaint (“TAC”) alleges that defendants are liable foy violation of the Performance Standards in SB 800, codified as Civil Code Sections 895 ef seq, Plaintiff also pleads alternate causes of action for negligence, negligence per se, and strict liability in the event that the Court determines that Civil Code Section 895 is inapplicable. Section 895 states that the Performance Standards apply to new, for-sale condominiums, not to “condominium conversion.” The term “condominium conversion” is not defined. The Beaco: project was originally built as rental housing. Catellus defendants then recorded a Condominiun Map and CC&Rs which said that SB 800 applied and sold the entire project to Mission Place defendants. The discovery’s purpose was to streamline the case by finding out whethey defendants contended that SB 800 applied and who they contended was a Builder as defined in Section 911. On January 10, 2012, Plaintiff served Form Interrogatories, Special Interrogatories, and| Requests for Admission on AGA. True and correct copies of Plaintiff's Form Interrogatories, Special Interrogatories, and Requests for Admission are attached to the Declaration of Jeffrey " Cluett (“Cluett Decl.”) as Exs. A, B, and C, respectively. On March 15, 2012, Plaintiff's counsel sent AGA’s counsel a letter advising that Plaintiff had not received AGA’s discovery responses| A true and correct copy of Ann Rankin’s letter to AGA’s counsel is attached to the Cluett Decl as Ex. D. On April 19, 2012, Plaintiff's counsel sent AGA’s counsel a further letter, this tim: advising them that if they did not receive AGA’s discovery responses by April 27, 2012, the: would file a motion to compel. A true and correct copy of Jeffrey R. Cluett’s April 19, 201 letter to AGA’s counsel is attached to the Cluctt Decl. as Ex. E. Plaintiff has not receiver AGA’s responses to its discovery requests. Cluett Decl., 6. Mr. Cluett’s billing rate is $250 an hour. He anticipates spending 4 hours drafting thid motion, reviewing AGA’s opposition thereto, drafting a reply to AGA’s opposition, and appearing at the hearing on this motion, for a total cost of $1,000 to Plaintiff. Cluett Decl., 7. Ww 2 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO., INC. AND FOR SANCTIONS PURSUANT TO CALIFORNIA. CODE OF CIVIL PROCEDURE SECTION 2030.290oD Om NI DH F&F BW YY Il, ARGUMENT A. Plaintiff Is Entitled to AGA’s Responses. If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). [.-] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. Cal. Code Civ. Proc. §2030.290 (West 2012). Plaintiff has met and conferred in good faith to informally resolve this discovery dispute] Plaintiff has a right to know what AGA contends with respect to these threshold issues] Plaintiffs discovery requests do not ask AGA to predict what jury instructions will be given b: the trial judge, how the court will rule on in Jimine motions, or what a court of appeal will decid on the issues of the applicability of SB 800 to the facts of this case or on the issue of who is Builder. The discovery responses properly ask only what AGA’s position is on these issues. AGA has refused to answer these simple questions and this motion should therefore be granted. B. AGA’s Behavior Warrants Monetary Sanctions Because It Is Willful an without Substantial Justification. A court must impose a monetary sanction under Code of Civil Procedure Section) 2030.290 against any party, person, or attorney who unsuccessfully makes or opposes a motior to compel further responses unless the one subject to the sanction acted with substantial justification or other circumstances make the imposition of a sanction unjust. Cal. Code Civ. 3 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO., INC. AND FOR SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2030.290Cm NN DH FF wBwN S i Proc. §2030.290(c). Neither exception exists here. AGA has not even responded to Plaintiff's discover requests. This Court may award sanctions against a party who unsuccessfully opposes a motion to compel. This Court should therefore award sanctions of $1,000.00 against AGA. IV. CONCLUSION Plaintiff has met and conferred regarding its requests. AGA, however, has made no attempt to provide Plaintiff with justification for failing to respond or meet and confer. Plaintiff has a right to relevant and responsive discovery, and cannot properly prepare for trial without it. This Court should therefore grant Plaintiff's motion to compel and award sanctions to Plaintiff off $1,000.00. Dated: May 7, 2012 LAW OFFICES OF ANN RANKIN By: L Jetfrey R. Cluett, Esq. Attorney for Plaintiffs 4 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO., INC. AND FOR SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2030.290Coe IN DW FF WN 10 Ann Rankin, Esq. (SBN 83690) Terry Wilkens, Esq. (SBN 118469) Jeffrey R. Cluett, Esq. (SBN 200327) 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 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 ASSOCIATION, Plaintiff, Vv. CATELLUS THIRD AND KING LLC; CATELLUS DEVELOPMENT CORPORATION; CATELLUS COMMERCIAL DEVELOPMENT CORPORATION; CATELLUS OPERATING LIMITED PARTNERSHIP; CATELLUS URBAN DEVELOPMENT CORPORATION; THIRD AND KING INVESTORS LLC; et al., Defendants. FLL. MAC Ue 2H? CLERK QE THE BY: CASE NO.: CGC-08-478453 [Assigned to Judge Richard A. Kramer] PLAINTIFF'S NOTICE OF MOTION AND] MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO., INC. AND FOR SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2030.290 Date: June 13, 2012 Time: 8:30 a.m. Telephonic: Dial 1-877-696-5267, and ask for the session with Judge Sabraw Complaint Filed: August 8, 2008 TO EACH PARTY AND THEIR ATTORNEY OF RECORED HEREIN: YOU ARE HEREBY NOTIFIED TH Honorable Ronald Sabraw (Ret.) of Judicial PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO,, INC. AND FOR SANCTIONS PURSUANT TG CALIFORNIA CODE OF CIVIL PROCEDURE SECTIO! 2030.290 AT at 8:00 am., on June 13, 2012 before Arbitration and Mediation Service, plaintiff BY FAXco U wm NIN DAW Bw YN BEACON RESIDENTIAL COMMUNITY ASSOCIATION (“Plaintiff”) will, and hereby does, move this Court, pursuant to Code of Civil Procedure Section 2030.290, for an order compelling! defendant Architectural Glass and Aluminum Co., Inc. (“AGA”) to provide responses to Plaintiff's Special Interrogatories, Form Interrogatories, and Requests for Admission, all | One, and for sanctions of $1,000 against AGA. Said motion will be made on the grounds that AGA has failed to serve discover responses. Defendant’s failure to comply therewith is without substantial justification. Said motion will be based on this notice of motion and motion, the points and authorities, and Declaration of Jeffrey R. Cluett, Esq. filed herewith, and the complete files and records i this action. Dated: May 7, 2012 LAW OFFICES OF ANN RANKIN By: ele Jeffrey R. Cluett, Esq. Attorney for Plaintiffs 2 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES FROM ARCHITECTURAL GLASS AND ALUMINUM CO., INC. AND FOR SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2030.290