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

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                                MOM

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-25-2009 3:49 pm

Case Number: CGC-08-478453
Filing Date: Sep-25-2009 3:43
Juke Box: 001 Image: 02628331
ANSWER

iEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LL

001002628331

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 3538200 # Fax 825 3568250

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Tancisgg
David S. Webster (State Bar No. 154301) SEP 2 § 2009
Mark J. D'Argenio (State Bar No. 238006) GOR IN PA
Woon, SmiTH, HENNING & BERMAN LLP BY CG th

1401 Willow Pass Road, Suite 700
Concord, California 94520-7982
Phone: 925 356 8200 ¢ Fax: 925 356 8250

Attorneys for Defendant CATELLUS RESIDENTIAL CONSTRUCTION, INC., a Delaware

corporation

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

EAST BAYBRIDGE PARTNERS, L.P., a CASE NO. CGC-08-478453
California Limited Partnership,

ANSWER TO COMPLAINT FOR
Plaintiff, DAMAGES
Vv. Compiaint Filed: August 8, 2009
CATELLUS RESIDENTIAL Discovery Cutoff: None Set
CONSTRUCTION, INC., a Delaware Motion Cutoff: None Set
corporation; SARES REGIS GROUP, a Trial Date: None Set

California general partnership; SARES
REGIS GROUP OF NORTHERN
CALIFORNIA, L.P. a California limited
partnership; REGIS CONTRACTORS OF
NORTHERN CALIFORNIA, L.P., a
Califomia limited partnership, and DOES 1
through 500, inclusive,

Defendants.

COMES NOW Defendant CATELLUS RESIDENTIAL CONSTRUCTION, INC., a
Delaware corporation (hereinafter "DEFENDANT") and, answering the Amended
Complaint for Damages by EAST BAYBRIDGE PARTNERS, L.P., a California Limited
Partnership, PLAINTIFF'S Complaint, on file herein (hereinafter "Compiaint"), admits,
denies and alleges as follows:

Pursuant to the provisions of Section 431.30(d) of the California Code of Civil

Procedure, these answering DEFENDANT denies each, every and all of the allegations

LEGAL ‘5863-01 4/1284185.+ 1 AX Dx [E ry

ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP
Attomeys at Law
1401 WILLOW PASS ROAD, SUITE 709

CONCORD, CALIFORNIA 96520-7982
TELEPHONE 925 358 8200 + Fax 925 3568250

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09-25-09 43:08 FIRST LEGAL 4156261331

in said Complaint, each and every cause of action stated therein, and the whole thereof,
and denies that PLAINTIFF sustained damages in the sum or sums alleged, or in any
other sum or sums, or at all.

DEFENDANT further denies that PLAINTIFF was damaged in any sum
whatsoever from any act, omission, fault, conduct or liability on the part of DEFENDANT
whether negligent, careless, unlawful, by any breach of warranty, or any nature alleged or
otherwise, and denies that DEFENDANT was in any way negligent, careless, reckless,
wanton, unlawful or breached any warranty express or implied.

FIRST AFFIRMATIVE DEFENSE

1. AS A FIRST AND SEPARATE AFFIRMATIVE DEFENSE to the Complaint
and all causes of action contained therein, answering DEFENDANT alleges that
PLAINTIFF is barred from recovery by reason of the fact that the Complaint, and each
and every cause of action thereof, fails to state facts sufficient to constitute a cause of
action against answering DEFENDANT.

SECOND AFFIRMATIVE DEFENSE
2. AS A SECOND AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is

informed and believes, and thereon allege that the damages, if any, sustained by
PLAINTIFF were proximately caused or contributed to by the actions of PLAINTIFF
and/or other parties to this litigation and/or other persons or entities not as yet made
parties to this litigation. Therefore, it is necessary that the proportionate degree of
negligence or fault of each and every said person or entity be determined and prorated
such that any judgment rendered against answering DEFENDANT be reduced by that
degree of negligence or fault found to exist as to PLAINTIFF, other Defendants and/or
persons or entities.
THIRD AFFIRMATIVE DEFENSE
3. AS A THIRD AND SEPARATE AFFIRMATIVE DEFENSE to the Complaint

and ail causes of action contained therein, answering DEFENDANT is informed and

LEGAL-5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP

Attomeys at Lew
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94526-7982
TELEPHONE 925 956 8200 ¢ Fax 9253568250

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believes, and thereon allege that the damages, if any, sustained by PLAINTIFF were
proximately caused by PLAINTIFF'S failure to maintain the premises and are thus not
attributable to answering DEFENDANT. Therefore, PLAINTIFF is not entitled to any
recovery against answering DEFENDANT.
FOURTH AFFIRMATIVE DEFENSE
4. AS A FOURTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein answering DEFENDANT alleges
that PLAINTIFF is precluded from recovery against answering DEFENDANT in that the
active or primary negligence of PLAINTIFF was the proximate cause of damages
sustained by PLAINTIFF, thereby barring recovery from answering DEFENDANT.
FIFTH AFFIRMATIVE DEFENSE
5. AS A FIFTH AND SEPARATE AFFIRMATIVE DEFENSE to the Complaint

and all causes of action contained therein, answering DEFENDANT alleges that if
PLAINTIFF did sustain damages as alleged in its Complaint, the PLAINTIFF failed to give
answering DEFENDANT notice of the alleged claim of breach of warranty within a
reasonable time after said PLAINTIFF knew or should have known of such a breach.
SIXTH AFFIRMATIVE DEFENSE
6. AS A SIXTH AND SEPARATE AFFIRMATIVE DEFENSE to the Complaint

and all causes of action contained therein, answering DEFENDANT is informed and
believes, and thereon alleges that the damages sustained by PLAINTIFF, if any, were the
result of PLAINTIFF'S and/or other parties’ mishandling of the referenced project and
related products contrary to recommendations made by answering DEFENDANT and/or
recommendations known throughout the industry. :
SEVENTH AFFIRMATIVE DEFENSE
7. AS A SEVENTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT alleges
that the defect or defects, if any, in the project, or any referenced product was not known

nor could it have been known to answering DEFENDANT.

LEGAL ‘5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP

Attomeys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982
TELEPHONE $25 356 8200 ¢ Fax 925 356 8260

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EIGHTH AFFIRMATIVE DEFENSE
8. AS AN EIGHTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT alleges
that the damages sustained by PLAINTIFF, if any, were the result of acts or omissions of
others which acts or omissions were not and could not be foreseen by answering
DEFENDANT.
NINTH AFFIRMATIVE DEFENSE
9. AS A NINTH AND SEPARATE AFFIRMATIVE DEFENSE to the Complaint

and all causes of action contained therein, answering DEFENDANT is informed and
believes, and thereon alleges that answering DEFENDANT cannot be held liable to
PLAINTIFF because other parties owed a non-delegable duty of care to PLAINTIFF,
which duty, if breached at all, was not breached through any conduct legally attributable
to answering DEFENDANT.
TENTH AFFIRMATIVE DEFENSE
10. AS ATENTH AND SEPARATE AFFIRMATIVE DEFENSE to the Compiaint

and all causes of action contained therein, answering DEFENDANT alleges that
PLAINTIFF is guilty of laches in the pursuit of its Complaint and in failing to give timely
notice of any alleged breach of warranty, and as a result thereof is barred from any
recovery asserted herein.
ELEVENTH AFFIRMATIVE DEFENSE
11. AS AN ELEVENTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT allege that
to the extent any warranty or guarantee existed, the same has expired, and as such acts
as a bar to recovery hereunder.
TWELFTH AFFIRMATIVE DEFENSE
12. AS A TWELFTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT alleges
itt

LEGAL:5863-014/1284185.1

4.
ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP

Attomeys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 84820-7582
TELEPHONE 925 356 8200 + Fax 925 356 8250

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09-25-09 . 13:08 FIRST LEGAL oe 4156261331

that the work and/or activities of answering DEFENDANT was done ina professional and
satisfactory manner.
THIRTEENTH AFFIRMATIVE DEFENSE

13. ASA THIRTEENTH AND SEPARATE AFFIRMATIVE DEFENSE to the
Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that prior to the happening of the defect(s)
and/or incident(s) alleged in the Complaint, the project and products referred to therein
had been misused, abused, changed, altered, neglected and otherwise left in disrepair by
other persons, individuals, entities and parties, which parties may include PLAINTIFF,
and that such changes, alterations, misuse and abuse were the sole proximate cause of
damages referred to in the Complaint, and the damages, if any, suffered by the
PLAINTIFF and thus any recovery against answering DEFENDANT is barred.

FOURTEENTH AFFIRMATIVE DEFENSE

14. ASA FOURTEENTH AND SEPARATE AFFIRMATIVE DEFENSE to the
Complaint and all causes of action contained therein, answering DEFENDANT alleges
that the Complaint and each cause of action thereof is barred by the applicable statute of
limitations, including but not limited to California Code of Civil Procedure sections 337(1),
337.1, 337.15, 338, 339, 340, 343 and 359, and California Business and Professions
Code section 17208.

FIFTEENTH AFFIRMATIVE DEFENSE

15. AS AFIFTEENTH AND SEPARATE AFFIRMATIVE DEFENSE to the
Complaint and all causes of action contained therein, answering DEFENDANT alleges
that because PLAINTIFF has unreasonably delayed in bringing this action to the
Prejudice of answering DEFENDANT, the Complaint is barred by the doctrine of laches.

SIXTEENTH AFFIRMATIVE DEFENSE

16. AS A SIXTEENTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANTS alleges

that any and all allegations in the Complaint, and any damages, if any, resulting

LEGAL:5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, RENNING & BERMAN LLP.
Attomeys at Law

1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 84520-7982
TELEPHONE 925356 8200 # Fax 9253568250

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therefrom, are the exclusive result of PLAINTIFF'S own negligence and not the result of
the acts, if any, of answering DEFENDANT.
SEVENTEENTH AFFIRMATIVE DEFENSE

17. ASA SEVENTEENTH AND SEPARATE AFFIRMATIVE DEFENSE to the
Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that PLAINTIFF suffered no cognizable
damage as a result of any and all of the matters alleged in the Complaint.

EIGHTEENTH AFFIRMATIVE DEFENSE

18. AS AN EIGHTEENTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes and thereon alleges that PLAINTIFF is barred from recovery under
any and all causes of action alleged in the Complaint by reason of their failure and refusal
to mitigate their damages, if any, incurred as a result of any and all matters alleged in the
Complaint, despite their ability to do so by the exercise of reasonable effort.
NINETEENTH AFFIRMATIVE DEFENSE
19. AS ANINETEENTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that PLAINTIFF is barred from recovery
against answering DEFENDANT under the Complaint by reason of their prior waiver of
their right to seek or obtain any recovery or relief herein.
TWENTIETH AFFIRMATIVE DEFENSE
20. AS A TWENTIETH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon allege that PLAINTIFF knew of, consented to,
directed and participated in each and all of the acts, transactions and defects complained
of, and by reason thereof, is estopped from complaining.

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Tit

LEGAL:5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP

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

TELEPHONE 926 356 B200 + FAx 925 356 8250

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TWENTY-FIRST AFFIRMATIVE DEFENSE
21. AS A TWENTY-FIRST AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that answering DEFENDANT has been
Prevented from performing its obligations, if any, by reason of PLAINTIFF'S acts,
therefore PLAINTIFF is barred from any recovery or relief herein.
TWENTY-SECOND AFFIRMATIVE DEFENSE
22. AS A TWENTY-SECOND AND SEPARATE AFFIRMATIVE DEFENSE to

the Complaint and all causes of action contained therein, answering DEFENDANT

alleges that PLAINTIFF has come into this court with unclean hands, and as a
consequence thereof, is barred from any recovery or relief herein.
TWENTY-THIRD AFFIRMATIVE DEFENSE

23. AS A TWENTY-THIRD SEPARATE AFFIRMATIVE DEFENSE to the and
all causes of action contained therein, answering DEFENDANT is informed and believes,
and thereon alleges that parties both served and unserved, named and unnamed, and
PLAINTIFF are in some manner or percentage responsible for PLAINTIFF'S injuries or
non-economic damages, if any, and answering DEFENDANT requires an order from the
trier of fact setting forth separate judgments, against each and every party, named and
unnamed, served and unserved, and PLAINTIFF, for the amount of all non-economic
damages that may be recovered by PLAINTIFF in direct proportion to the percentage of
fault of each party, named and unnamed, served and unserved, and PLAINTIFF,
pursuant to California Civil Code Section 1431.2.

TWENTY-FOURTH AFFIRMATIVE DEFENSE
24. AS A TWENTY-FOURTH AND SEPARATE AFFIRMATIVE DEFENSE to

the Complaint and ail causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that the damages suffered by the PLAINTIFF
if any, were the direct and proximate result of the negligence of parties, persons,

corporations and/or entities other than these answering DEFENDANTS, and that the

LEGAL:6863-014/4284185.1

2

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP

Attomeys at Law
4401 WILLOW PASS ROAD, SUITE 700.
CONCORD, CALIFORNIA 84520-7982
TELEPHONE 925356 8200 + Fax 925 3566250

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09-25-09 mm 13:08 FIRST LEGAL 4156261331

liability of these answering DEFENDANTS, if any, is limited in direct proportion to the
percentage of fault actually attributabie to answering DEFENDANT.
TWENTY-FIFTH AFFIRMATIVE DEFENSE
25. ASA TWENTY-FIFTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Compiaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that at all times mentioned herein,
PLAINTIFF was negligent, careless, reckless and unlawfully conducted itself so as to
directly and proximately contribute to the happening of the incident and the occurrence of
the alleged damages, alt of which said negligence bars either completely or partially the
recovery sought by the PLAINTIFF.
TWENTY-SIXTH AFFIRMATIVE DEFENSE
26. ASA TWENTY-SIXTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, thee answering DEFENDANT is
informed and believes, and thereon alleges that PLAINTIFF engaged in conduct and
activities sufficient to constitute a waiver of any alleged breach of duty, negligence, act,
omission or any other conduct, if any, as set forth in the Complaint.
TWENTY-SEVENTH AFFIRMATIVE DEFENSE
27, AS ATWENTY-SEVENTH AND SEPARATE AFFIRMATIVE DEFENSE to

the Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that the injuries and damages of which the
PLAINTIFF complains were proximately caused by or contributed to by the acts of other
defendants, persons and/or entities, and that said acts were an intervening and
superseding cause of the injuries and damages, if any, of which the PLAINTIFF
complains, thus barring PLAINTIFF from any recovery against answering DEFENDANT.
TWENTY-EIGHTH AFFIRMATIVE DEFENSE
28. ASA TWENTY-EIGHT AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is

informed and believe, and thereon alleges that PLAINTIFF expressly, voluntarily, and

LEGAL:5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESAttomeys at Law

‘WOOD, SMITH, HENNING & BERMAN LLP
1401 WILLOW PASS ROAO, SUITE 700

CONCORD, CALIFORNIA 84520-7882
TELEPHONE 926 356 8200 + Fax 925 3588250

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knowingly assumed all risks about which it complains in the Complaint, and the
Complaint is therefore barred either totally or to the extent of said assumption of any
damages.
TWENTY-NINTH AFFIRMATIVE DEFENSE
29. ASA TWENTY-NINTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and alt causes of action contained therein, answering DEFENDANT
alleges that it has appropriately, completely and fully performed and discharged any and
all obligations and lega! duties arising under the matters alleged in the Complaint.
THIRTIETH AFFIRMATIVE DEFENSE
30. AS ATHIRTIETH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes and thereon alteges that at all times mentioned herein, there was,
has been, and continues to be a material failure of consideration on the part of
PLAINTIFF, and as a consequence of this failure these answering DEFENDANTS’ duty
of performance has been discharged.
THIRTY-FIRST AFFIRMATIVE DEFENSE
31. ASATHIRTY-FIRST AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that if there was any defect in the work or
materials referred to in the Complaint at the time of said damages, that such defect did
not exist at the time said work or materials left the possession of answering
DEFENDANT, and was caused by the misuse, abuse, changes, modifications, improper
maintenance, and alterations of others, including PLAINTIFF, and that said damages
were caused by such misuse, abuse, changes, alterations, lack of maintenance and
modifications.
THIRTY-SECOND AFFIRMATIVE DEFENSE
32, AS ATHIRTY-SECOND AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is

LEGAL:5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP.

Attomeys at Law

1401 WILLOW PASS ROAD, SUITE 700
‘CONCORD, CALIFORNIA 84520-7982

TELEPHONE 925 356 8200 ¢ Fax 925 356 8250

=

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09-25-09 = 43:08 FIRST LEGAL 4156261331

informed and believes, and thereon alleges that it did not breach any warranties, express
or implied, and that no warranties, express or implied, arose in the instant situation.
THIRTY-THIRD AFFIRMATIVE DEFENSE
33. AS A THIRTY-THIRD AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, answering DEFENDANT is
informed and believes, and thereon alleges that all work and services performed by these
answering DEFENDANT met the standard of care known at the time the work was
performed and was the recognized state of the art at all relevant times herein.
THIRTY-FOURTH AFFIRMATIVE DEFENSE
34. AS A THIRTY-FOURTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, punitive damages are barred by the
Constitution of the United States and the Constitution of California.
THIRTY-FIFTH AFFIRMATIVE DEFENSE
35. AS A THIRTY-THIRD AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, there is a defect or misjoinder of
parties pursuant to Code of Civil Procedure section 430.10(d).
THIRTY-SIXTH AFFIRMATIVE DEFENSE
36. ASA THIRTY-SIXTH AND SEPARATE AFFIRMATIVE DEFENSE to the

Complaint and all causes of action contained therein, PLAINTIFF has failed to state a
claim upon which attorney fees can be awarded.

WHEREFORE, these answering DEFENDANTS pray for relief as follows:

(a) That PLAINTIFF take nothing against answering DEFENDANT;

(6) That answering DEFENDANT has and recover their costs of suit herein;

(c) That answering DEFENDANT has and recover their reasonable attorneys’
fees incurred herein;

{d) For such other and further relief as the Court may deem just and proper,
and
Ht

LEGAL:5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP.
Attorays at Lew

CONCORD, CALIFORNIA 94520-7982
TELEPHONE 925 356 8200 + FAXS25 9568250

1401 WILLOW PASS ROAD, SUITE 700

09-25-09 13:08 FIRST LEGAL ae 4156261331

ae coe

(e) DEFENDANT reserves herein the right to assert additional defenses in the

event discovery indicates that they would be appropriate.

DATED: September 25, 2009 WOOD, SMITH, HENNING & BERMAN LLP
By: W) Gr Park DAgenie
DAVID S. WEBSTER US

MARK J. DIARGENIO
Attorneys for CATELLUS RESIDENTIAL
CONSTRUCTION, INC., a Delaware corporation

LEGAL:5863-014/1284185.1

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ANSWER TO COMPLAINT FOR DAMAGESWOOD, SMITH, HENNING & BERMAN LLP.

Attomeys at Lew
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982
TELEPHONE 926 356 8200 + Fax 825 355.8250

09-25-08 cm 13:08 FIRST LEGAL. 4156261331

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA

| am employed in the County of Contra Costa, State of California. | am over the
age of eighteen years and not a party to the within action; my business address is 1401
Willow Pass Road, Suite 700, Concord, California 94520-7982.

On September 25, 2009, | served the following document(s) described as
ANSWER TO COMPLAINT FOR DAMAGES on the interested parties in this action by
Placing true copies thereof enclosed in sealed envelopes addressed as follows:

SEE ATTACHED LIST

BY MAIL: | am “readily familiar’ with Wood, Smith, Henning & Berman's practice for

collecting and processing correspondence for mailing with the United States Postal

Service. Under that practice, it would be deposited with the United States Postal Service

that same day in the ordinary course of business. Such envelope(s) were placed for

collection and mailing with postage thereon fully prepaid at Concord, California, on that

same ayoowng Ordinary business practices. (Code Civ. Proc. §1013, subd. (a) and
013a(3).

| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on September 25, 2009, at Concord, California.WOOD, SMITH, HENNING & BERMAN LLP.
Attomeys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7082
TELEPHONE 925 356.8200 + Fax 925 356 6250

09-25-09 —™ 13208 FIRST LEGAL 4156261331

SERVICE LIST
EAST BAY BRIDGE v. CATELLUS
Case No. RG08388922

Andrew W. Baugh, Esq.

Berding & Weil

3240 Stone Valley Road West

Alamo, CA 94507-1558

Tel: (925) 838-2090/Fax: (925) 820-5592
Attorneys for Plaintiff EAST
BAYBRIDGE PARTNERS, LLP

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