Party Notice: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

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                                ANNAN MIN

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Apr-03-2012 3:27 pm

Case Number: CGC-08-478453
Filing Date: Apr-03-2012 3:26
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 03560900
GENERIC CIVIL FILING (WITH FEE)

BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD
AND KING LLC et al

001003560900

instructions:
Please place this sheet on top of the document to be scanned.we ey DAH eh Ww

10

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

3911 Harrison Street fo
Oakland, CA 94611 F 1

Tel.: (510) 653-8886 San Fre cok
Fax: (510) 653-8889 Mra
Kenneth Katzoff, Esq, (SBN 103490) CLERKOE
Robert Riggs, Esq. (SBN 107684) ow GE

Sung Shim, Esq. (SBN 184247)
Katzoff & Riggs

1500 Park Ave #300
Emeryville, CA 94608

TEL: (510) 597-1990

FAX: (510) 597-0295

Altorneys for Plaintifft
BEACON RESIDENTIAL COMMUNITY ASSOCIATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

BEACON RESIDENTIAL COMMUNITY CASE NO.: CGC-08-478453
ASSOCIATION, .
Complaint Filed: August 8, 2008

Plaintiff, . {Assigned to Judge Richard A. Kramer ]

v.
CATELLUS THIRD AND KING LLC;
CATELLUS DEVELOPMENT PROOF OF SERVICE
CORPORATION; CATELLUS
COMMERCIAL DEVELOPMENT
CORPORATION; CATELLUS OPERATING
LIMITED PARTNERSHIP; CATELLUS
URBAN DEVELOPMENT CORPORATION;
THIRD AND KING INVESTORS LLC; et al.,

BY Fax

Defendants.SD we NY RH BY NY =

NN YN NNN NY He! Be we ewe ew em “
BNURRRERBRARRKSSCSERRZETSEHKA

The Beacon ROA vy. Catellus Third & King, LLC, et al.
San Francisco County Superior Court Case No. CGC08-478453

PROOF OF SERVICE

I, the undersigned, declare that 1 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 3911
Harrison Street, Oakland, California 94611.

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

PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES; POINTS AND
AUTHORITIES THEREOF; SEPARATE STATEMENT OF RESPONSES IN DISPUTE;
DECLARATION OF ANN RANKIN IN SUPPORT THEREOF; PROPOSED ORDER
(Defendants Mission Place LLC, Mission Place Mezzanine Holding LLC, Mission Place
Mezzanine LLC, Mission Place Partners LLC, Centurion Real Estate Investors IV, LLC and
Centurion Real Estate Partners, LLC) and (Defendants Window Solutions, Inc.)

as follows: (SEE ATTACHED SERVICE LIST)

XX__(BY U.S. 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 presumed
invalid if postal cancellation date on postage meter is more than | day after date of deposit for
mailing in affidavit.

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

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

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 Oakland, California on
April 3, 2012.

Gwen Bernier

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

Kenneth Katzoff, Esq.
Robert Riggs, Esq.

Sung Shim, Esq.

Katzoff & Riggs

1500 Park Avenue, Suite 300
Emeryville, CA 94608
Phone: (510) 597-1990
Fax: (510) 597-0295
kkatzoff@katzoffriges.com
wiges@katzoffriges.com
sshim@katzoffriges.com

Co-Counsel for Plaintiff Beacon Residential
Community Association

Randel Campbell

Lynch, Gilardi & Grummer

170 Columbus Avenue, Sth Floor
San Francisco, CA 94133

Phone: (415) 397-2800

Fax: (415) 397-0937

rcampbell @igglaw.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

scvitanovic@hbblaw.com

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

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
Fax: (510) 834-1928
chansen@wendel.com,
plaufenberg@wendel.com

jung@wendel.com

Co-Counsel for Defendants Mission Place LLC;
Mission Place Mess Holding LLC; Mission
Place Mezzanine LLC; Mission Place Partners
LLC; Centurion Real Estate Investors IV, LLC:
and Centurion Real Estate Partners, LLC;
Centurion Partners LLC)David S. Webster, Esq.

Mark J. D’Argenio

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

Phone: (925) 222-3400

Fax: (925) 356-8250
dwebster@wshblaw.com,
mdargenio@wshblaw.com

Counsel for Catellus Development
Corporation; Catellus Commercial
Development Corporation; Catellus Urban
Development Corporation; Catellus
Operating Limited Partnership; Catellus
Urban Development Group, LLC, Catellus
Third and King LLC; and Third and King
Investors, LLC; ProLogis

John 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
ikoeppel@ropers.com,
twenzel@ropers.com

Counsel for Catellus Development
Corporation; Catellus Commercial
Development Corporation; Catellus Urban
Development Corporation; Catellus Operating
Limited Partership; Cateilus Urban
Development Group, LLC; Catellus Third and
King LLC; and Third and King Investors, LLC;
ProLogis

Steven H. Schwartz

Noel E. Macaulay

Schwartz & Janzen, LLP

12100 Wilshire Boulevard, Suite 1125
Los Angeles, CA 90025

Phone: (310) 979-4090
Fax: (310) 207-3344
sschwartz(@sj-law.com
nmacaulay@sj-law.com

Counsel for HKS, Ine., individually and
dba HKS Architects, Inc.

Kevin P, McCarthy
McCarthy & McCarthy
The Arlington Building
492 Ninth Street, Suite 220
Oakland, CA 94607

Phone: (510) 839-8100
Fax: (510) 839-8108

kmecarthy@mecarthyllp.com

Counsel for Cross-Defendant Window
Solutions, Inc.

S. Mitchell Kaplan.

Gregory Hanson

Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

Phone: (415) 986-5900
Fax: (415) 986-8054
skaplan@gordonrees.com
ghanson@gordonrees,com

Counsel for Webcor Construction, Inc. dba
Webcor Builders; Webcor Builders, Ine;
Webcor Construction LP

James P. Castles

Richard C. Young

Robles Castles & Meredith
The Arlington Building
492 Ninth Street, Suite 200
Oakland, CA 94607

Phone: (415) 632-1586
Fax: (415) 743-9305

jim@remlawgroup.com
rick@rcmlaweroup.com

Counsel for Skidmore Owings & Merrill LLPWilliam 1. Staples

Dana Duncan

Archer Norris

2033 North Main Street, Suite 800
Wainut Creek, CA94596

Phone: (925) 930-6600
Fax: (925) 930-6620
wstaples@archernorris.com
dduncan@archernorris.com

Counsel for Anning-Johnson Company

Christian P, Lucia

Denae Olivieri

Brent Basilico

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

Concord, CA 94520

Phone: (925) 938-1430
Fax: (925) 256-7508
clucia@sellerlaw.com
dolivieri@sellarlaw.com
Bbasilico@sellarlaw.com

Counsel for Cupertino Electric, Inc.; Creatvie
Masonry, Inc.; Carefree Toland Pools, ine.;
JW. McClenahan, Inc.; N.V. Heathorn, Inc.;
Critchfield Mechanical, Inc.; West Coast
Protective Coating, Inc.; Blue's Roofing
Company; Van-Mulder Sheet Metal, Inc., F.
Rogers Corporation; Roofing Constructors,
Inc., dba Western Roofing Service

Adam Brezine

Julien E. Capers

Bryan Cave, LLP

560 Mission Street, 25th Floor
San Francisco, CA 94105
Phone: (415) 268-2000

Fax; (415) 268-1999

adam. brezine@bryancave,com
julicn.capers@bryancave.com

Counsel for Solutia, Inc.

Steven McDonald

Bledsoe, Cathcart, Diestel, Pederson & Treppa,
LLP

601 California Street, 16th Floor

San Francisco, CA 94108

Phone: (415) 981-5411

Fax: (415) 981-0352

smedonald@bledsoelaw.com

Counsel for Shooter & Butts, Ine.

Christopher Olsen

Clinton & Clinton

100 Oceangate, 14th Floor
Long Beach, CA 90802
Phone: (562) 216-5000
Fax: (562) 216-5001

colsen@clinton-clinton.com
scloud@clinton-clinton.com

Counsel for Thyssenkrupp Elevator
CorporationCm NDA HW BR YY

BPN MY NY YR RDN we me as
ew AA BOS |= S Gea R AAR H SS

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

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,

[Assigned to Judge Richard A. Kramer
August 8, 2008
PLAINTIFF'S MOTION TO COMPEL

Complaint Filed:
v.

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

FURTHER RESPONSES; POINTS AND
AUTHORITIES THEREOF; SEPARATE
STATEMENT OF RESPONSES IN
DISPUTE; DECLARATION OF ANN
RANKIN IN SUPPORT THEREOF;
PROPOSED ORDER

Hearing Date: May 16, 2012
Time: 8:30 A.M.

BY FAX

PLAINTIFF'S MOTION TO COMPEL MPC0 Oo MN DA WA Aw Ww

10

TO EACH PARTY AND THEIR ATTORNEY OF RECORED HEREIN:

YOU ARE HEREBY NOTIFIED THAT at 8:30 A.M., on Mayl6, 2012 before
Honorable Ronald Sabraw (Ret.) of Judicial Arbitration and Mediation Service, appointed a:
Discovery Referee for this case by Hon. Richard Kramer of this Court, Plaintiff BEACO;
RESIDENTIAL COMMUNITY ASSOCIATION, will, and hereby does, move this Court,
pursuant to Code of Civil Procedure § 2030,300, for an Order compelling Defendants Mission
Place LLC, Mission Place Mezzanine Holding LLC, Mission Place Mezzanine LLC, Mission}

Place Partners LLC, Centurion Real Estate Investors IV, LLC and Centurion Real Estat
Partners, LLC (hereinafter “Mission Place) to provide further statutorily compliant responses t
Plaintiffs Special Interrogatory, Set One, served on Defendants on January 10, 2012. Response:
were served on Plaintiff on March 1, 2012.

Said motion will be made on the grounds that Mission Place’s responses assert
inapplicable objections and evasive or incomplete answers and do not answer the questions tha’
were asked. Defendant's failure to comply therewith is without substantial justification. Sai
motion will be based on this motion, the points and authorities set forth, separate statement!
responses in dispute, the attached declaration of Ann Rankin, Esq. in support thereof and th
complete files and records in this action.

MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION

FACTS

This action alleges design and construction deficiencies in a 595-unit condominiu
project. The Mission Place entities sold the individual units to the homeowners. Plaintiffs Thin

Amended Complaint (TAC) alleges that defendants, including Mission Place, are liable foi

violation of the Performance Standards set forth in SB 800, codified as Civil Code § 895 et. seq.
in addition, Plaintiff pleads alternate causes of action for negligence, negligence per se and stric!
liability in the event the Court determined that Civil Code § 895 was inapplicable. Civil Code
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, and the Catellus entities then recorded

PLAINTIFF'S MOTION TO COMPEL MPCe NID HW Bw HK

10

Condominium Map and CC&Rs which said that SB 800 applicd, and sold the entire project t
the Mission Place entities. The purpose of the discovery requests was to try to streamline th
case by finding out whether the defendants contended that SB 800 applied, or not, and also b
finding out who they contended was a Builder as defined in Civil Code § 911, See Speciall
Prepared Interrogatories, Form Interrogatories, and Requests for Admission, quoted below.
Mission Place served its response to Plaintiff's Special Interrogatory, Set One, on vane

1, 2012 asserting inapplicable objections and evasive or non-responsive answers, Plaintiff wrote

counsel for Mission Place on March 15, 2012 informing them that Plaintiffs had reviewed thei
responses and found them to be statutorily defective pursuant to Code of Civil Procedure
2030.300 (Attached as Exhibit C to the Declaration of Ann Rankin, Esq. filed herewith
PlaintifPs ‘meet and confer” letter requested that Mission Place cure this defect by providin;
adequate and complete answers by March 22, 2012. No response has been forthcoming.

Plaintiff has a right to know what defendants contend with respect to these threshold
issues. Plaintiff's discovery requests do not ask responding parties to predict what jury;
instructions will be given by the trial judge, or how the court will rule on in limine motions, o:
what a court of appeal will decide on the issues of the applicability of SB 800 to the facts of a
case or on the issue of who is a Builder. The discovery responses properly ask only what the
responding parties’ position is on these issues. Responding parties have refused to answer the:
simple questions.

I. GROUNDS FOR MOTION TO COMPEL COMPLIANCE

A propounding party may move for an order compelling further responses to Special o
Form interrogatories if the propounding party deems that any of the following apply:

() An answer to a particular interrogatory is evasive or incomplete;
(2) An objection to an interrogatory is without merit ar too general. (Code of Civil
Procedure § 2030.300; Best Products, Inc. v. Superior Court (2004)119 Cal. App. 4"
1181, 1189-90)
A motion that seeks an order compelling a party to provide further Tesponses must b:
served 45 days after the offending responses in question were served. (Code of Civil Procedure

2030.300)

PLAINTIFF'S MOTION TO COMPEL MPcoe ND HW B® wD Ww

Responding Parties’ answered that the questions call for a legal conclusion. They do not
they call for the Responding Parties’ contentions,

An interrogatory may properly ask a party to state its contentions as to any matter or issued
in the case; and the facts, witnesses and writings on which the contentions are based, (ccd
2030.010(b); see Burke v. Superior Court (1969) 71 Cal. 2d 276, 281) “An interrogatory is not
objectionable because an answer relates to fact or the application of law to fact, or would b
based on Segal theories.” (CCP 2030, 101, (b)

Plaintiff has repeatedly acted in good faith and with professional courtesy, and hi
discharged its statutory duty to meet and confer in good faith in an effort to informally =

this discovery dispute.

I, DEFENDANT’S BEHAVIOR IS WILLFUL __AND_ WITHOU'
SUBSTANTIAL JUSTIFICATION AND. WARRANTS THE IMPOSITIO)
OF MONETARY SANCTIONS

With two (2) exceptions, the court must impose a monetary sanction under Cade of Civi

Procedure $ 2030.300 against any party, person, or attorney who successfully makes or oppose
a motion to compel further responses to interrogatories or request for admission. heed
exceptions are:

i, The one subject fo the sanction acted with substantial justification; or

2. Other circumstances make the imposition of a sanction unjust.

Neither of those exceptions exists here and Mission Place has made no attempt to asser
such. Under the Discovery Act, the court may award sanctions in favor of a party who files
motion to compel discovery, even though no opposition to the motion was filed, or opposition d
the motion was withdrawn, or the requested discovery was provided to the moving party after the

motion was filed, (California Rules of Court Rule 3.1030 (a))

PLAINTIFF'S MOTION TO COMPEL MPSSD em HD OH RB we DY ew

IV. CONCLUSION

Plaintiff has consistently acted with professional courtesy and in good faith. Mission
Place has made no attempt to provide Plaintiff with justification for its defective responses o1
engage in the statutorily mandated meet and confer process. Plaintiff has a statutory right to

receive relevant and responsive discovery, and cannot properly prepare for trial without it.

Dated: March 29, 2012
LAW OFFICES OF ANN RANKIN

By: Mew [fn
Ann Rankin, Esq,
Attorney for Plaihtiffs

fe

PLAINTIFI’S MOTION TO COMPEL MPCm YN DA HW BY Dw

10

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

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,

¥

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

Complaint Filed: August 8, 2008
DECLARATION OF ANN RANKIN IN
SUPPORT OF PLAINTIFFS MOTION TO
COMPEL; SEPARATE STATEMENT OF
DISPUTED RESPONSES,

BY Faxwn

6

1, ANN RANKIN, declare as follows:

1 Tam an attorney at law duly admitted to practice before all the courts of the Stat
of California, and | have personal knowledge of the matters stated herein;

2. Plaintiff Beacon Residential Community Association served their Special
Interrogatories, Set One on Defendants on January 10, 2012. (See Attached hereto as Exhibit A)

3. Defendants Mission Place LLC, Mission Place Mezzanine Holding LLC, Mission
Place Mezzanine LLC, Mission Place Partners LLC, Centurion Real Estate Investors [V, LL
and Centurion Real Estate Partners, LLC (hereinafter “Mission Place”) responded to Plaintiff's
requests on March 1, 2012. (See Attached hereto as Exhibit B)

4, On March 15, 2012, Plaintiff wrote Defendant’s a letter informing Defendant's
that their interrogatory responses were statutorily defective and requesting further responses,
Plaintiffs gave Defendants until March 22, 2012 by which to provide a justification for theiy

defective answers. No response has been forthcoming to date. (See Attached hereto as Exhibit C)

I declare under penalty of perjury under the laws of the State if California that the|
foregoing is true and correct.
Dated: March 29, 2012
LAW OFFICES OF ANN RANKIN

Ann Rankin, Esq
Attorney for PlaintiffCo oe IY DA WwW Fw WD

SEPARATE STATEMENT OF RESPONSES IN DISPUTE

. PLAINTIFFS INTERROGATORY IN DISPUTE -

Special Interrogatory No. 1 — State the names, telephone numbers and addresses of all
PERSONS whom YOU contend to be a BUILDER. [“BUILDER” as used hereii
shall mean and refer to the term “Builder as defined in Civil Code § 911 of th
BEACON PROJECT}

. DEFENDANTS RESPONSE ~

Objection. This request calls for a legal conclusion. Moreover, Mission Place doe:
not Know whether SB800 is applicable in light of the prior use of the project b
Catellus.

» FURTHER RESPONSES SHOULD BE ORDERED -

The purpose of the discovery requests was to try to streamline the case by finding ow
whether the defendants contended that SB 800 applied, or not, and also by finding ou
who they contended was a Builder as defined in Civil Code § 9/1,

An interrogatory may properly ask a party to state its contentions as to any matter off
issue in the case; and the facts, witnesses and writings on which the contentions ar
based. (CCP 2030.010(b); see Burke v. Superior Court (1969) 71 Cal. 2d 276, 281
“An interrogatory is not objectionable because an answer relates to fact or th
application of law to fact, or would be based on legal theories.” (CCP 2030. 101(b))1510) $97-1999

EMERYVILLE, CA 94608

KATZOFF & RIGGS LLP
1500 PARK AVE, SUITE 300

EXHIBIT “A”

ANN RANKIN (SBN 83690)
TERRY WILKENS (SBN 118469)
Law Offices of Ann Rankin

3911 Harrison Street

Oakland, CA 94611

Tel.: (510) 653-8886

Fax: (510) 653-8889

KENNETH S. KATZOFF (SBN 103490)
ROBERT R, RIGGS (SBN 107684)
SUNG E. SHIM (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 ) Case No. CGC 08-478453
COMMUNITY ASSOCIATION, )
) PLAINTIFF'S FIRST SPECIAL SET
Plaintiff, ) OF SPECIAL INTERROGATORIES
) TO DEFENDANT MISSION PLACE
vs. ) LLC
)
CATELLUS THIRD AND KINGLLC, ) (LIMITED TO ‘SB 800’ ISSUES)
etal., )
) Set No, 1-S
Defendants. )
)
)
AND RELATED CROSS-ACTIONS.  )
)
PROPOUNDING PARTY: Plaintiff Beacon Residential Community Association

1
LAINTINE’S FIRST SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT MISSION PLACE
LLCKATZOFF & RIGGS LLP

1800 PARK AVE., SUITE 300

EMERYVILLE, CA 93608

(510) 597-1990

RESPONDING PARTY: Defendant Mission Place LLC
SET NO.: Special, Set 1 (1-S)
NOS.: 1

Plaintiff BEACON RESIDENTIAL COMMUNITY ASSOCIATION hereby
requests that Defendant MISSION PLACE LLC (“YOU”), answer the following
interrogatories in writing and under oath. In answering these interrogatories, YOU are
required to furnish all information that is available to YOU or subject to reasonable
inquiry, including information in the possession of any attorneys, experts, consultants,
accountants, advisors, or other persons directly or indirectly employed, or connected
with YOUR or YOUR attorneys, and anyone else subject to YOUR control.

YOU are hereby notified that, at the time of commencement of the trial in this
case, Plaintiff will apply for an order precluding YOU from introducing evidence related
to the subject matters of these interrogatories which has not been disclosed by the
answers to these interrogatories.

SPECIAL INTERROGATORIES

1. State the names, telephone numbers and addresses of all PERSONS whom
YOU contend to be a BUILDER.

“BEACON PROJECT” as used herein shall mean and refer to the entire five
hundred and ninety five condominium unit development, including the exterior and
interior walls, roofs, windows, parking structure, pool and spa area, landscaping,
courtyard areas, lobby areas, and other common areas, located at 250 and 260 King

Street, San Francisco, California,

2
PLAINTIFF'S FIRST SPECIAL SET OF SPECIAL INT! ‘ERROGATORIES TO DEFENDANT MISSION PLACE
LLKATZOFF & RIGGS LLP
1500 PARK AVE,, SUITE 300
EMERYVILLE, CA 94608
(510) 597-1990
ee
> fe

a

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17
18
19
20
21
22

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“BUILDER?” as used herein shall mean and refer to the term “Builder” as defined
in Civil Code § 911) of the BEACON PROJECT.

“PERSON” or “PERSONS” as used herein shall include a natural person, firm,
association, organization, partnership, business, trust, limited liability company,
corporation, or public entity.

Dated: January 9, 2012

LAW OFFICES OF ANN RANKIN
KATZOFF & RIGGS

By:

Ann Rankin
Sung E, Shim

Counsel for Plaintiff
BEACON RESIDENTIAL
COMMUNITY ASSOCIATION

3
PLAINTIBE’S FIRST SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT MISSION PLACE
ELCKATZOFF & RIGGS LLP

1500 PARK AVE., SUITE 300

EMERYVILLE, CA 94608

(810) 597-1990

DECLARATION OF GOOD CAUSE FOR ADDITIONAL DISCOVERY
I, Sung E. Shim, declare:

1. I am one of the attorneys of record for Plaintiff Beacon Residential
Community Association.

2. J am propounding to Defendant Mission Place LLC (‘Responding Party”),
the attached special set of special interrogatories.

3. This special set of special interrogatories will cause the total number of
requests propounded to the party to whom they are directed to exceed the number of
requests permitted by Section 2030.030 of the Code of Civil Procedure.

4. Plaintiff's prior counsel previously propounded one set of special
interrogatories with total of 123 interrogatories, to which the Responding Party objected
and did not provide any substantive response.

5. This special set of special interrogatories a total of | additional special
interrogatory.

6. I am familiar with the issues and the previous discovery conducted by all
of the parties in this case.

7. T have personally examined each of the interrogatories in this special set of
special interrogatories.

8. This number of special interrogatory is warranted under Section 2033.050
of the Code of Civil Procedure because the complexity and quantity of the existing and

potential issues in this instant lawsuit warrant this number of special interrogatories, and

4
PLAINTIEF’S FIRST SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT MISSION PLACE
LLCKAYZOFF & RIGGS LLP

(819) 597-1990

the interrogatory is reasonably limited to the applicability of SB 800 to the existing and
potential issues in the instant lawsuit.

9. None of the special interrogatories in this set is being propounded for any
improper purpose, such as to harass the party, or the attorney for the party, to whom it is
directed, or to cause unnecessary delay or needless increase in the cost of litigation.

I declare under penalty of perjury under the laws of California that the foregoing
is true and correct, and that this declaration was executed on January 9, 2012, in

Emeryville, California,

5
PLAINTIFF'S FIRST SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT MISSION PLACE
LLCKATZOFF & RIGGS LLP

1500 PARK AVE., SUITE 300

EMERYVILLE, CA 94608

(S10) 597-1990

ANN RANKIN (SBN 83690)
TERRY WILKENS (SBN 118469)
Law Offices of Ann Rankin

3911 Harrison Street

Oakland, CA 94611

Tel.: (510) 653-8886

Fax: (510) 653-8889

KENNETH 8S. KATZOFF (SBN 103490)
ROBERT R. RIGGS (SBN 107684)
SUNG E. SHIM (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 ) Case No, CGC 08-478453
COMMUNITY ASSOCIATION, }
}) PROOF OF SERVICE OF
Plaintiff, ) WRITTEN DISCOVERY
) REQUESTS
vs. )
) (LIMITED TO ‘SB 800’ ISSUES)
CATELLUS THIRD AND KING LLC, )
et al., ) Set Nos, 1-S
)
Defendants. )
AND RELATED CROSS-ACTIONS.  )
)

I
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800° ISSUES)KATZOFF & RIGGS LLP
4800 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
(510) 597-1990

PROOF OF SERVICE

I, the undersigned, declare that I am over the age of 18 and am not a patty 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 FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANTS MISSION
PLACE LLC; MISSION PLACE MEZZ, HOLDINGS LLC; MISSION PLACE
MEZZANINE LLC; MISSION PLACE PARTNERS LLC; CENTURION RE.
ESTATE PARTNERS, LLC; CENTURION REAL ESTATE INVESTORS Tv,
LLC; CENTURION PARTNERS, LLC

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANTS
MISSION PLACE LLC; MISSION PLACE MEZZ HOLDINGS LLC; MISSION
PLACE MEZZANINE LLC; MISSION PLACE PARTNERS LLC; CENTURION
REAL ESTATE PARTNERS, LLC; CENTURION REAL ESTATE INVESTORS
IV, LLC; CENTURION PARTNERS, LLC

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANTS MISSION
PLACE LLC; MISSION PLACE MEZZ HOLDINGS LLC; MISSION PLACE yy
MEZZANINE LLC; MISSION PLACE PARTNERS LLC; CENTURION REAL
ESTATE PARTNERS, LLC; CENTURION REAL ESTATE INVESTORS ¥V,
LLC; CENTURION PARTNERS, LLC

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRS’
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANTS
CATELLUS DEVELOPMENT CORPORATION; CATELLUS COMMERCIAL
DEVELOPMENT CORPORATION; CATELLUS URBAN DEVELOPMENT
CORPORATION; CATELLUS OPERATING LIMITED PARTNERSHIP;
CATELLUS URBAN DEVELOPMENT GROUP, LLC; CATELLUS THIRD
AND KING, LLC; THIRD AND KING INVESTORS, LLC; PROLOGIS

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANTS
CATELLUS DEVELOPMENT CORPORATION; CATELLUS COMMERCIAL
DEVELOPMENT CORPORATION; CATELLUS URBAN DEVELOPMENT
CORPORATION; CATELLUS OPERATING LIMITED PARTNERSHIP;
CATELLUS URBAN DEVELOPMENT GROUP, LLC; CATELLUS THIRD
AND KING, LLC; THIRD AND KING INVESTORS, LLC; PROLOGIS

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION'S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANTS
CATELLUS DEVELOPMENT CORPORATION; CATELLUS COMMERCIAL
DEVELOPMENT CORPORATION; CATELLUS URBAN DEVELOPMENT
CORPORATION; CATELLUS OPERATING LIMITED PARTNERSHIP;
CATELLUS URBAN DEVELOPMENT GROUP, LLC; CATELLUS THIRD
AND KING, LLC; THIRD AND KING INVESTORS, LLC; PROLOGIS

2
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800° ISSUES)KATZOF¥ & RIGGS LLP

1800 PARK AVE., SUITE 300
EMERYVILLE, CA 94608

(510) 597-1990

22

23

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT HKS, INC.,
INDIVIDUALL AND DOING BUSINESS AS HKS ARCHITECTS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST.
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT HKS™
INC., INDIVIDUALL AND DOING BUSINESS AS HKS ARCHITECTS, IN C)

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT HKS, INC.,
INDIVIDUALL AND DOING BUSINESS AS HKS ARCHITECTS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANTS WEBCOR
CONSTRUCTION, INC.; WEBCOR BUILDERS, INC.; WEBCOR
CONSTRUCTION LP

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST?
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANTS
WEBCOR CONSTRUCTION, INC.; WEBCOR BUILDERS, INC.; WEBCOR
CONSTRUCTION LP

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANTS WEBCOR
CONSTRUCTION, INC.; WEBCOR BUILDERS, INC.; WEBCOR
CONSTRUCTION LP .

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST °
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT
CAREFREE TOLAND POOLS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
CAREFREE TOLAND POOLS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT CAREFREE
TOLAND POOLS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT CREATIVE
MASONRY, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
CREATIVE MASONRY, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT CREATIVE
MASONRY, INC.

s
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800° ISSUES)KATZOFF & RIGGS LLP

1500 PARK AVE., SUITE 300

EMERYVILLE, CA $4608

(510) 597.1990

22

23

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCTATION’S FIRS’
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT VAN-
MULDER SHEET METAL, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION?’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT VAN-
MULDER SHEET METAL, INC.,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRS
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT VAN-
MULDER SHEET METAL, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT BLUE’S
ROOFING COMPANY

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT BLUE’S
ROOFING COMPANY

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT BLUE’S
ROOFING COMPANY

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCTIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT ROOFING
CONSTRUCTORS, INC., dba WESTERN ROOFING SERVICE

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
ROOFING CONSTRUCTORS, INC., dba WESTERN ROOFING SERVICE

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT ROOFING
CONSTRUCTORS, INC., dba WESTERN ROOFING SERVICE

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT WEST
COAST PROTECTIVE COATINGS, INC.

SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT WEST
COAST PROTECTIVE COATINGS, INC,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT WEST
COAST PROTECTIVE COATINGS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S iT
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDAN'
RODGERS CORPORATION \

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST (4

a
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800" ISSUES)EMERYVILLE, CA 94608
(S10) 597-1990

KATZOFF & RIGGS LLP
1500 PARK AVE., SUITE 300

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT F.
RODGERS CORPORATION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT I.
RODGERS CORPORATION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT N.Y.
HEATHORN, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT N.V.
HEATHORN, INC,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST.
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT N.V,
HEATHORN, INC,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT ALLIED
FIRE PROTECTION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT ALLIED
FIRE PROTECTION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT ALLIED
FIRE PROTECTION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION'S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT J.W.
MCCLENAHAN COMPANY

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT J.W.
MCCLENAHAN COMPANY

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT J.W.
MCCLENAHAN COMPANY

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT
CRITCHFIELD MECHANICAL, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
CRITCHFIELD MECHANICAL, INC,

5
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800" ISSUES)KATZOFF & RIGGS LLP

1800 PARK AVE., SUITE 300

22

23

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRS?”
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT (o)
CRITCHFIELD MECHANICAL, INC. >

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT
CUPERTINO ELECTRIC, INC,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
CUPERTINO ELECTRIC, INC,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST

SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT
CUPERTINO ELECTRIC, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT
ARCHITECTURAL GLASS & ALUMINUM COMPANY, INC.
>

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
ARCHITECTURAL GLASS & ALUMINUM COMPANY, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST

SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT
ARCHITECTURAL GLASS & ALUMINUM COMPANY

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST ‘
SPECTAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT ANNING-
JOHNSON COMPANY
PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT

5

JOHNSON COMPANY

ANNING-JOHNSON COMPANY
PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT ANNING-
PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT WINDOW
SOLUTIONS, INC,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
WINDOW SOLUTIONS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO WINDOW SOLUTIONS.
INC,

6
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800’ ISSUES)KATZOFE & RIGGS LLP
1900 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
1510) 597-1950

22

23

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT
THYSSENKRUPP ELEVATOR CORPORATION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
THYSSENKRUPP ELEVATOR CORPORATION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT
THYSEENKRUPP ELEVATOR CORPORATION

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRS
SPECIAL SET OF REQUESTS FOR ADMISSON TO CROSS-DEFENDANT
SOLUTIA, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRS
SPECIAL SET OF SPECIAL INTERROGATORIES TO CROSS-DEFENDA\

SOLUTIA, INC. oy)

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF FORM INTERROGATORIES TO CROSS-DEFENDANT
SOLUTIA, INC,

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF REQUESTS FOR ADMISSON TO DEFENDANT SHOOTER
& BUTTS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST
SPECIAL SET OF SPECIAL INTERROGATORIES TO DEFENDANT
SHOOTER & BUTTS, INC.

PLAINTIFF BEACON RESIDENTIAL COMMUNITY ASSOCIATION’S FIRST"
SPECIAL SET OF FORM INTERROGATORIES TO DEFENDANT SHOOTER
& BUTTS, INC,

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.

T 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
presumed 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.

(BY EMAIL) I caused a true copy to be transmitted via email to the attorneys on

7
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800° ISSUES)KATZOFF & RIGGS LLP

1500 PARK AVE., SUITE 300

MERYVILLE, CA. 94608

10) 597-1990

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 January 10, 2012.

Sung E. Shim

8
PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800" ISSUES)KATZOFF & RIGGS LLP

11500 PARK AVE., SUITE 300

EMERYVILLE, CA $4608

(810) 597-1990

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 Campbeil

Lynch, Gilardi & Grummer
170 Columbus Avenue, Sth Fi.
San Francisco, CA 94133

Tel. 415-397-2800

Fax 415-397-0937

rcampbell@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
Email: sevitanovic@bbblaw.com

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

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

Fax: (510) 834-1928

Email: chansen@wendel.com,
laufenber; endel.com

giung@wendel.com

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

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

John 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

9

PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800’ ISSUES)KATZOFF & RIGGS LLP
1500 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
(510) 597-1990

22

23

Attorneys for Catellus Development
Corporation; Catellus Commercial
Development Corporation; Catellus Urban
Development Corporation; Catellus
Operating Limited Partnership; Catellus
Urban Development Group, LLC, Catellus
Third and King LLC; and Third and King
Investors, LLC; ProLogis

Attorneys for Catellus Development
Corporation; Catellus Commercial
Development Corporation; Catellus Urban
Development Corporation; Catellus Operating
Limited Partnership; Catelius Urban
Development Group, LLC; Catellus Third and
King LLC; and Third and King Investors, LLC;
ProLogis

Steven H. Schwartz,

Noel E. Macaulay

Schwartz & Janzen, LLP
12100 Wilshire Bivd., Ste 1125
Los Angeles, CA 90025

Phone: (310) 979-4090
Fax: (310) 207-3344
Email: sschwartz@sj-law.com
nmacaulay@sj-law.com

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

Kevin P. McCarthy
McCarthy & McCarthy
The Arlington Building
492 Ninth Street, Ste, 220
Oakland, CA 94607

Phone: (510) 839-8100
Fax: (510) 839-8108

Email: kmcarthy@mcarthyllp.com

Attorneys for Cross-Defendant Window
Solutions, Inc.

S. Mitchell Kaplan

Gregory Hanson

Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

Phone: (415) 986-5900
Fax: (415) 986-8054

Email: skaplan@gordonrees.com

James P. Castles

Richard C. Young

Robles Castles & Meredith
492 Ninth Street, Suite 200
Oakland, CA 94111

Phone: (415) 743-9300

Fax: (415) 743-9305

Email: jim@remlawgroup.com
rick@remlawgroup.com

ghanson@gordonrees.com

Counsel for Webcor Construction, Inc. dba
Webcor Builders; Webcor Builders, Inc.;
Webcor Construction LP

Attorneys for Skidmore Owings & Merrill LLP

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

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

10

PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800° ISSUES)KATZOFF & RIGGS LLP

1500 PARK AVE. SUITE 300
EMERYVILLE, CA 94608

(510) 597-1990

Counsel for Anning-Johnson Company

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

Counsel for Cupertino Electric, Inc.; Creatvie
Masonry, Inc. ; Carefree Toland Pools, Inc.;
JW. McClenahan, Inc.; N.V. Heathorn, Inc.;
Critchfield Mechanical, Inc.; West Coast
Protective Coating, Inc.; Blue’s Roofing
Company; Van-Mulder Sheet Metal, Inc., F.
Rogers Corporation; Roofing Constructors,
Inc., dba Western Roofing Service

Adam Brezine

Julien E. Capers

Holme Roberts & Owen LLP
560 Mission Street, 25th F1.
San Francisco, CA 94105
Tel. 415-268-2000

Fax 415-268-1999

adam. brezine@hro,com
julien.capers@bro.com

Counsel for Solutia, Ine,

Steve McDonald

Bledsoe, Cathcart, Diestel, Pederson & Treppa
601 California Street, 16th Fl.

San Francisco, CA 94108

Tel. 415-981-5411

Fax 415-981-0352

smedonald@pbledsoclaw.com

Counsel for Shooter & Butts, Inc.

Scott B. Cloud

Cloud & Olsen

400 Oceangate, Seventh Floor
Long Beach, CA 90802

Tel. (562) 901-1102

Fax (562) 901-1172

Counsel for Thyssenkrupp Elevator
Corporation

it

PROOF OF SERVICE OF WRITTEN DISCOVERY REQUESTS (LIMITED TO ‘SB 800" ISSUES)1 | Steven M. Cvitanovic (Bar No. 168031]
HAIGHT BROWN & BONESTEEL LLP

2171 Stevenson Street, 20th Floor

4

Facsimile: (

Telephone:
Facshmile: (

San Francisco, California 94105-2981
3 j Telephone:

( 15) 546-7500
15) 546-7505

10) 834-1

Charles A. Hansen (Bar No. 76679) _

5 | Peter J. Laufenberg (Bar No. 172979
WENDEL, ROSEN, BLACK & DEAN LLP
1111 Broadway, 24th Floor

Oakland, California 94607-4036

G10) 834-6600

928

Attorneys for Defendant and Cross-Complainant
9 yun Place Mezz Holding LLC, et al

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 | FOR THE COUNTY OF SAN FRANCISCO
12
13 | BEACON RESIDENTIAL COMMUNITY ) Case No. CGC 08-478453
ASSOCIATION,
14 RESPONSES TO PLAINTIFF'S FIRST
Plaintiff, SPECIAL SET OF SPECIAL
15 INTERROGATORIES TO
v DEFENDANTS MISSION PLACE, ET
16 .
CATELLUS THIRD AND KING LLC; et
17 Jal.
18 | Defendants.
19 |
20 AND RELATED CROSS-ACTION

21] PROPOUNDING PARTY: Plaintiff Beacon Residential Community Association
22 | RESPONDING PARTY: Defendants Mission Place LLC; Mission Place Mezz

23
24
25
26
27
28

SET NO:
NOS.:;

LAN OFFICES:

HAIGHT, BROWN &
anwesterr tte — f 2029.0000032

EXHIBIT “B”

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)

Special, Set 1 (1-8)
1

1

Response to Plaintiff's First Special Set of Special Interrogatories1 | "PERSON" or "PERSONS" as used herein shall include a natural person, firm,
association, organization, partnership, business, trust, limited liability company,
corporation, or public entity.

RESPONSE TO SPECIAL INTERROGATORY NO. 1:
Objection. This request calls for a legal conclusion, Moreover, Mission Place does

Dated: March 1, 2012 BONESTEEL LLP

Steven M. Cvitanovic
Attorneys for Defendants
Mission Place LLC; Mission Place Mezz
12 Holding LLC; Mission Place Mezzanine
LLC; Mission Place Partners LLC;
13 | Centurion Real Estate Investors IV, LLC;
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3

6 | not know whether SB800 is applicable in light of the prior use of the project by Catellus.
8

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

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28

LAW OFFICES. |
HAIGHT, DROWN & 3
BONLSTEBL, LLP. 2U29-0000032 To = > >

Los Angeles sors Response to Plaintiff's First Special Set of Special InterrogatoriesVERIFICATION

| STATE OF CALIFORNIA
| COUNTY OF SAN FRANCISCO

Thave read the foregoing Responses to Plaintiff's Special Interrogatories, Set No.
1-8 by Mission Place LLC; Mission Place Mezz Holding LLC; Mission Place Mezzanine
LLC; Mission Place Partners LLC; Centurion Real Estate Investors TV, LLC; and

Centurion Real Estate Partners, LLC (sued in its own name and erroneously sued as

Oo OP ITA Ww Bw wp

i Centurion Partners LLC) and know its contents.

10 Lam a representative of Mission Place LLC; Mission Place Mezz Holding LLC;

yam informed and believe and on that ground allege that the matters stated in the foregoing
document are true,

Executed on March 1, 2012, at Paris, France.

T declare under penalty of perjury under the laws of the State of California that the

j foregoing is true and correct.

obertS¢hlesingerLAW OFFICES,
HAIGHT, BROWN.

om NH HA Rw WD

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BONESTEBL, 1.1.

San Francisco

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PROOF OF SERVICE
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
BEACON RESIDENTIAL COMMUNITY ASSOCIATION v. CATELLUS TI HIRD AND
KING LLC, et al.
CGC 08-478453
Tam employed in the County of San Francisco, State of California. Iam over the

age of 18 and not a party to the within action. My business address is 71 Stevenson Street,
20th Floor, San Francisco, California 94105-2981,

On March 1, 2012, I served the within document(s) described as:

RESPONSES TO PLAINTIFF'S FIRST SPECIAL SET OF SPECIAL
INTERROGATORIES TO DEFENDANTS MISSION PLACE, ET AL.

on the interested parties in this action as stated below:

Ann Rankin Charles A. Hansen, Esq.

Law Office of Ann Rankin Peter J, Laufenberg, Esq.

3911 Harrison Street Wendel, Rosen, Black & Dean, LLP
Oakland, CA 94611 1111 Broadway, 24" Floor

Oakland, CA 94607
Phone: 510.653.8886
Fax: 510.653.8889 Phone: (510) 834-6600

Fax: (510) 834-1928

Email: chansen@wendel.com,
plaufenbere@wendel.com

Email: info@arankin.com

Attorneys for Plaintiff Beacon Residential

Community Association Co Counsel fo