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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 
						
                                
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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

MINUTES

Thursday, January 20, 2011

BEACON RESIDENTIAL
COMMUNITY ASSOCIATION

PLAINTIFF (S)
VS
CATELLUS THIRD AND KING LLC,

et al.
DEFENDANT (S)

Present:
Judge: RICHARD A. KRAMER
Reporter: RHONDA AQUILINA

Appearances:

Julie Mouser

Jimmy Ly

ANGIUS & TERRY

1990 N. California Blvd, Suite 950
P.O. Box 8077

Walnut Creek, Ca 94596

Phn: (925) 939-9933

For plaintiffs

Mark J. D’Argenio

WOOD SMITH HENNING & BERMAN, LLP
1401 Willow Pass Rd, Suite 700

Concord, Ca 94520-7982

Phn: (925) 356-8200

For defendant Catellus And Webcor

Case Number: CGC-08-478453

Department: 304
Case Number: CGC-08-478453

Nature of Proceedings:

-DEMURRERS TO 1°" AMENDED
COMPLAINT;

-MOTIONS TO STRIKE 1°"
AMENDED COMPLAINT; -

DEMURRERS TO CROSS-
COMPLAINT;

-CASE MANAGEMENT
CONFERENCE

Clerk: JOSE RIOS-MERIDA
Bailiff. NOT PRESENT

John Koeppel

ROPERS MAJESKI KOHN BENTLEY
201 Spear St., Suite 1000

San Francisco, Ca 94105

Phn: (415) 543-4800

For defendant Catellus

Steven M. Cvitanovic

HAIGHT BROWN & BONESTEEL LLP
71 Stevenson St., 20" Floor

San Francisco, Ca 94105-2981

Phn: (415) 546-7500

For defendant Mission Place

Case Title: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS

THIRD AND KING LLC et al

-l-

Date: January 20, 2011
Form: C01006SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO
MINUTES
Appearances
Ranjani Ramakrishna Steven Schwartz
LAW OFFICES OF ROBLES & CASTLES SCHWARTZ & JANZEN, LLP
540 Pacific Avenue 12100 Wilshire Blvd, Suite 1125
San Francisco, Ca 94133 Los Angeles, Ca 90025
Phn: (415) 743-9300 Phn: (310) 979-4090
For defendant Skidmore Owings & Merrill For defendant Hks, Inc.
Peter Laufenberg

WENDEL ROSEN BLACK & DEAN, LLP
1111 Broadway, 24" Floor

Oakland, CA 94618

For defendant Mission Place LLC

1:45 PM: The above-entitled action is called for hearing of (a) four demurrers to the 1* Amended
Complaint, by defendants, Skidmore et al., Webcor defendants, Catellus defendants and HKS,
respectively; (b) two motions to strike 1“ Amended Complaint, by defendants Skidmore, et al.
and Catellus defendants, respectively; (c) demurrer by cross-defendant, HKS to Cross-Complaint
of Mission cross-complainants; (d) demurrer to Cross Complaint of Third and King Investors, by
cross-defendant, Skidmore; and (e) a case management conference. Court and counsel are
present as listed above.

Court and counsel confer regarding the demurrers of Skidmore to both 1 amended complaint
and cross-complaint. Plaintiffs did not receive nor argue defendants’ demurrer. Court issues
tentative ruling to sustain without leave to amend as to the 4" cause of action based on Biley v
Arthur Young. Persons outside of a contract with professionals cannot recover under a
negligence theory. Court issues tentative ruling to sustain with leave to amend as to 8" cause of
action. Court issues tentative ruling to sustain without leave to amend as to 4" cause of action
Court agrees there are ambiguities in it but paragraph 121 is sufficiently clear so that the
ambiguities are not fatal. No objection by defendant, Skidmore.

This action is continued to February 18, 2011 at 9:30 a.m. for further hearing. A demurrer by
Skidmore to 1“ amended cross-complaint of plaintiff is also added to February 18, 2011 at 9:30
am. Defendants argue that they received a dismissal as to 3rd, 5th, 6th, 9th, 10th and 11" causes
of action. Plaintiffs argue that their dismissal as to Skidmore does not apply to 4", 8" or 11”
causes of action.

Case Number: CGC-08-478453
Case Title: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS
THIRD AND KING LLC et al
-2- Date: January 20, 2011
Form: C01006SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

MINUTES

Demurrers and Motions to strike of HKS are also Continued to February 18, 2011. Demurring
party is directed to put together a packet of all its papers (and also attach letter of what is now
moot based on dismissals.) and re-submit them.

Court and counsel confer regarding demurrers of Prologis and Catellus. As to these demurrers, a
request for judicial notice of Judge Sabraw’s order is GRANTED. No objection to judicial
notice for purposes of establishing existence of order. Defense request judicial notice of
documents recorded in the San Francisco Assessor’s office in December 2004 is GRANTED, for
purposes of establishing existence of said documents. Court states findings and reasons in open
court as reflected in the notes of the court reporter.

Court issues tentative ruling. Tentative ruling is that Section 943a of the Code of Civil
Procedure allows a party to plead an alternative of claims. Thus the tentative ruling is to
overrule the demurrers as to the 2"! 3 and 4" causes of action. As to the 8" and 10" cause of
action, tentative is to overrule demurrers. For pleading purposes the agreements being claimed
here and their salient terms as described in the 1* amended complaint. As to the demurrer to the
11" c/a (third party beneficiary) ...143 were for the immediate benefit of plff is conclusory.
Court thinks the allegations are sufficient to meet the pleading requirement as to 11" cause of
action and that demurrer should be overruled. The demurrer is argued and submitted. The
tentative ruling stands.

The Webcor demurrer to 2" 34 8 & 10" causes of action is OVERRULED, and SUSTAINED
as to the 4" cause of action. Court states findings and reasons in open court, as reflected in the
transcript of the Court reporter.

Court issues tentative ruling to deny Motions to strike of defendants, Catellus and HKS. The
motions are argued and continued for further argument on February 18, 2011, as reflected in the
transcript of the Court reporter.

This action is continued to February 18, 2011 at 9:30 a.m. for further argument on motions to
strike and a case management is continued. The parties shall meet, confer and file a joint case
management conference statement no later than three (3) court days before the hearing.

Case Number: CGC-08-478453
Case Title: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS
THIRD AND KING LLC et al
-3- Date: January 20, 2011
Form: C01006