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  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview
  • BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al CONSTRUCTION document preview 
						
                                
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                                IU

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-26-2012 1:56 pm

Case Number: CGC-08-478453
Filing Date: Sep-26-2012 1:54
Filed by:

Juke Box: 001 Image: 03780205
SEPARATE STATEMENT OF FACTS

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

001C03780205

Instructions:
Please place this sheet on top of the document to be scanned.WOOD, SMITH, HENNING & BERMAN LLP.

Attomeys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982

TELEPHONE 925 222 3400 # FAX $25 222 3250

CIAxXW4

Stacey F. Blank (State Bar No. 174378)

David S. Webster (State Bar No. 154301)

Woon, Smith, HENNING & BERMAN LLP
1401 Willow Pass Road, Suite 700
Concord, California 94520-7982

Phone: 925 222 3400 ¢ Fax: 925 356 8250

John A. Koeppel (State Bar No. 71526)
Todd J. Wenzel (State Bar No. 158880)
Ropers, MAJESKI, KOHN & BENTLEY
201 Spear Street, Suite 1000

San Francisco, CA 94105

Phone: 415 543 4800 ¢@ Fax: 415 972 6301

Attorneys for Defendants, CATELLUS THIRD AND KING LLC; CATELLUS
DEVELOPMENT CORPORATION; CATELLUS COMMERCIAL DEVELOPMENT
CORP.; CATELLUS OPERATING LIMITED PARTNERSHIP; CATELLUS URBAN
DEVELOPMENT CORPORATION; CATELLUS URBAN DEVELOPMENT GROUP LLC;
THIRD AND KING INVESTORS LLC; and PROLOGIS

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

BEACON RESIDENTIAL COMMUNITY
ASSOCIATION,

Plaintiff,
v.
CATELLUS THIRD AND KING LLC;
CATELLUS DEVELOPMENT
CORPORATION, et al.

Defendants.

AND RELATED CROSS-ACTIONS

LEGAL-05863-0005/241 1306.1

CASE NO. CGC-08-478453

SEPARATE STATEMENT IN SUPPORT
OF CATELLUS' MOTION FOR
SUMMARY ADJUDICATION TO
PLAINTIFF'S EIGHTH CAUSE OF
ACTION FOR CONCEALMENT AND
PUNITIVE DAMAGES IN THE THIRD
AMENDED COMPLAINT

Complaint Filed: August 8, 2009

DATE: December 14, 2012
TIME: 10:00 a.m.

DEPT.: 304

JUDGE: Hon. Richard Kramer

Trial Date: February 04, 2013

-1-
SEPARATE STATEMENT IN SUPPORT OF CATELLUS' MOTION SUMMARY ADJUDICATIONWOOD, SMITH, HENNING & BERMAN LLP

Attorneys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982

TELEPHONE 926 222.3400 + Fax 925 222 3250

Defendants CATELLUS THIRD AND KING LLC, CATELLUS DEVELOPMENT
CORPORATION; CATELLUS COMMERCIAL DEVELOPMENT CORP.; CATELLUS
OPERATING LIMITED PARTNERSHIP; CATELLUS URBAN DEVELOPMENT
CORPORATION; CATELLUS URBAN DEVELOPMENT GROUP LLC; THIRD AND KING
INVESTORS LLC; and PROLOGIS (collectively "CATELLUS") hereby submit this

Separate Statement of Undisputed Facts in Support of their Motion for Summary

Adjudication as follows:

ISSUE 1:

As a matter of law, CATELLUS cannot be held liable for

Plaintiffs Eighth Cause of Action for Concealment As CATELLUS had no legal duty

to disclose material facts to the Purchasers of Units at The Beacon Project.

UNDISPUTED MATERIAL FACTS

SUPPORTING EVIDENCE

1. Plaintiff's Third Amended Complaint
("TAC") contains an Eighth Cause of Action
Concealment against CATELLUS and

lefendant MISSION PLACE.

1. Exhibit "A" to Declaration of David S.
Webster ("Webster Deci.”) in support of
Motion for Summary Adjudication ("MSA"),
Request for Judicial Notice ("RUN"), pp. 53-
55, paras. 115-122.

. The Members of the Plaintiff Beacon
[Residential Community Association
purchased their units from Defendant
IMISSION PLACE LLC by standardized

ritten Purchase Agreements and
lassociated Transfer Disclosure Statements
lat various times during or after 2004 to the
present.”

2. Exhibit "A" to Webster Decl. in
support of MSA; Request for Judicial Notice,
ipp 48:7-9, para. 94.

3 CATELLUS never intended to sell
lul

nits at The Beacon Project.

3. Exhibit "B" to Webster Decl. in
support of MSA, Depo. of Seth Bland,
132:6-133:13.

4. CATELLUS only ever rented units at
{The Beacon Project

A. Exhibit "B" to Webster Decl. in
support of MSA, Depo. of Seth Bland,
132:6-133:13.

pb. CATELLUS did not ever sell units at
[The Beacon Project.

5. Exhibit "B" to Webster Decl. in
‘support of MSA, Depo. of Seth Bland,
132:6-133:13. Exhibit "C" to Webster Decl.
in support of MSA, Depo. of Anni Chapman,
160:15-20; Exhibit "D" to Webster Decl. in
support of MSA, Depo. of Jeffrey Worthe,
288:25-289:3.

LEGAL:05863-0005/241 1306.1

-2-
SEPARATE STATEMENT IN SUPPORT OF CATELLUS' MOTION SUMMARY ADJUDICATIONWOOD, SMITH, HENNING & BERMAN LLP

Attomeys al Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982

TELEPHONE 925 222 3400 ¢ Fax 925 222 3250

oO © OWN OD OF WN A

=

UNDISPUTED MATERIAL FACTS

ISUPPORTING EVIDENCE

6. Defendant MISSION PLACE and its
sales representative the Mark Company
sold the units at The Beacon Project.

upport of MSA, Depo. of Jeffrey Worthe,
88: 19-24: Exhibit "E" to Webster Decl. in
upport of MSA, Depo. of Robert
Schlesinger, 99:13 — 100:15, 220:13 -
221:14; Exhibit "G" to Webster Decl. in
support of MSA, Depo. of Monish Bhatia,
(61:17 - 63:6, 64:4-14

E Exhibit "D" to Webster Decl. in
Is

7. CATELLUS was not involved in nor
lattended any MISSION PLACE sales
meetings.

7. Exhibit "E" to Webster Decl. in
jsupport of MSA, Depo. of Robert
\Schlesinger, 223:23 — 224:16

8. CATELLUS was not involved in what
documents would be included in the
MISSION PLACE contract package to its
lpurchasers, which included a Purchase and
[Sale Agreement between seller and buyer,
disclosures, CC&Rs, and condominium
rules and regulations.

é Exhibit "E" to Webster Decl. in
upport of MSA, Depo. of Robert
‘Schlesinger, 227:17 — 229:18.

9. Defendant MISSION PLACE
rovided a written Disclosure Statement to
urchasers of units at The Beacon Project
las part of its practice.

9. Exhibit "E" to Webster Decl. in
lsupport of MSA, Depo. of Robert
Schlesinger, 228:3 — 231:23, 239: 1 -14;
Exhibit "G" to Webster Decl. in support of
MSA , Depo. of Monish Bhatia, 72:9 - 15,
(73:7 — 75:4; Exhibit "F" to Webster Decl. in
isupport of MSA, Disclosure Statement.

10. The written Disclosure Statement
provided by MISSION PLACE to each
lhomeowner identifies Mission Place LLC as
{the "Seller" of each condominium unit in the
(Condominium Project.

0. Exhibit "F" to Webster Decl. in
support of MSA, Disclosure Statement,
IBates-Stamp p. MP024519, para. 2.

ISSUE 2:

evidence.
tl
Ml
Hil

LEGAL-05863-0005/24 11306.1

As a matter of law, CATELLUS cannot be held liable for
Plaintiff's claim for punitive damages as alleged in the Eighth Cause of Action for
Concealment As CATELLUS had no legal duty to disclose material facts to the
Purchasers of Units at The Beacon Project, and CATELLUS' conduct does not

constitute oppression, malice or fraud to the standard of clear and convincing

SEPARATE STATEMENT IN SUPPORT OF CATELLUS’ MOTION SUMMARY ADJUDICATIONWOOD, SMITH, HENNING & BERMAN LLP

Attomeys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982

TELEPHONE 925 2223400 ¢ Fax 925 2223250

oO ON DH FW ND

=

UNDISPUTED MATERIAL FACTS

ISUPPORTING EVIDENCE

1. Plaintiffs Third Amended Complaint
("TAC") contains an Eighth Cause of Action
for Concealment against CATELLUS and
(defendant MISSION PLACE.

1. Exhibit "A" to Declaration of David S.

lebster ("Webster Decl.") in support of
Motion for Summary Adjudication ("MSA"),
Request for Judicial Notice ("RJN"), pp. 53-
55, paras. 115-122.

2. The Members of the Plaintiff Beacon
Residential Community Association
purchased their units from Defendant
MISSION PLACE LLC by standardized

ritten Purchase Agreements and
jassociated Transfer Disclosure Statements
jat various times during or after 2004 to the
present.”

2. Exhibit "A" to Webster Decl. in
support of MSA; Request for Judicial Notice,
pp 48:7-9, para. 94.

3. CATELLUS never intended to sell
lunits at The Beacon Project.

3. Exhibit "B" to Webster Decl. in
lsupport of MSA, Depo. of Seth Bland,
11 32:6-133:13.

4. CATELLUS only ever rented units at
[The Beacon Project

4. Exhibit "B" to Webster Decl. in
isupport of MSA, Depo. of Seth Bland,
1 32:6-133:13.

5. CATELLUS did not ever sell units at
(The Beacon Project.

6. Exhibit "B" to Webster Decl. in
lsupport of MSA, Depo. of Seth Bland,
132:6-133:13. Exhibit "C" to Webster Decl.
lin support of MSA, Depo. of Anni Chapman,
160:15-20; Exhibit "D" to Webster Decl. in
support of MSA, Depo. of Jeffrey Worthe,
288:25-289:3.

6. Defendant MISSION PLACE and its
sales representative the Mark Company
lsold the units at The Beacon Project.

6. Exhibit "D" to Webster Decl. in
jsupport of MSA, Depo. of Jeffrey Worthe,
288: 19-24; Exhibit "E" to Webster Decl. in
support of MSA, Depo. of Robert
‘Schlesinger, 99:13 — 100:15, 220:13 —
221:14; Exhibit "G" to Webster Decl. in
support of MSA, Depo. of Monish Bhatia,
61:17 — 63:6, 64:4-14

7. CATELLUS was not involved in nor
lattended any MISSION PLACE sales
meetings.

7. Exhibit "E" to Webster Decl. in
support of MSA, Depo. of Robert
Schlesinger, 223:23 — 224:16

8. CATELLUS was not involved in what
jlocuments would be included in the
ISSION PLACE contract package to its
urchasers, which included a Purchase and
Sale Agreement between seller and buyer,
disclosures, CC&Rs, and condominium
rules and regulations.

8. Exhibit "E" to Webster Decl. in
support of MSA, Depo. of Robert
Schlesinger, 227:17 — 229:18.

LEGAL:05863-0005/241 1306.1

-4-
SEPARATE STATEMENT IN SUPPORT OF CATELLUS' MOTION SUMMARY ADJUDICATIONAttorneys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982

WOOD, SMITH, HENNING & BERMAN LLP.
TELEPHONE 925 222 3400 # FAx 925 222 3250

UNDISPUTED MATERIAL FACTS

SUPPORTING EVIDENCE

9. Defendant MISSION PLACE
rovided a written Disclosure Statement to
urchasers of units at The Beacon Project

las part of its practice.

9. Exhibit "E" to Webster Decl. in
support of MSA, Depo. of Robert
Schlesinger, 228:3 — 231:23, 239: 1 -14;
Exhibit "G" to Webster Decl. in support of
IMSA , Depo. of Monish Bhatia, 72:9 —- 15,
\73:7 — 75:4; Exhibit "F" to Webster Decl. in
support of MSA, Disclosure Statement.

10. The written Disclosure Statement
rovided by MISSION PLACE to each
homeowner identifies Mission Place LLC as
he "Seller" of each condominium unit in the
ondominium Project.

10. Exhibit "F" to Webster Decl. in
support of MSA, Disclosure Statement,
[Bates-Stamp p. MP024519, para. 2.

DATED: September 26, 2012

By:

WOOD, SMITH, HENNING & BERMAN LLP

A er#Slalebeck

STACEY F. BLANK
DAVID S. WEBSTER

Attorneys for Defendants, CATELLUS THIRD
AND KING LLC; CATELLUS DEVELOPMENT
CORPORATION; CATELLUS COMMERCIAL
DEVELOPMENT CORP.; CATELLUS
OPERATING LIMITED PARTNERSHIP;
CATELLUS URBAN DEVELOPMENT
CORPORATION; CATELLUS URBAN
DEVELOPMENT GROUP LLC; THIRD AND KING
INVESTORS LLC; and PROLOGIS,

LEGAL:05863-0005/241 1306.1

5-
SEPARATE STATEMENT IN SUPPORT OF CATELLUS' MOTION SUMMARY ADJUDICATION