Order: PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Oct-18-2012 9:06 am

Case Number: CGC-10-498405
Filing Date: Oct-18-2012 9:05
Filed by: CYNTHIA HERBERT
Juke Box: 001 Image: 03807050
ORDER

PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al

001003807050

Instructions:
Please place this sheet on top of the document to be scanned.Ropers Majeski Kohn & Bentley

A Prafessional Corporation

San Francisco.

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SEP 2 8 2012

é

JOHN G. DOOLING (SBN 154358)
DEVIN C. COURTEAU (SBN 197505)
ROPERS, MAJESKI, KOHN & BENTLEY

201 Spear Street, Suite 1000

San Francisco, CA 94105 F&F y 2, E Dp
Telephone : (415) 543-4800 “ Superior Court
Facsimile : (415) 972-6301

Email : jdooling@rmkb.com OCT 18 20%

: deourteau@rmkb.com
COURT

Attorneys for Defendant and Cross-Complainant ==: we eR ge ee
CONSTRUCTION TESTING SERVICES, INC. Daputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

PERFORMING ARTS, LLC CASE NO. CGC-11-498405

Plaintiffs, DISCOVERY

ORDER GRANTING IN PART
CONSTRUCTION TESTING SERVICES,
v. INC.’S MOTION TO COMPEL
FURTHER RESPONSES TO
DISCOVERY FROM, AND FOR
KILLARNEY CONSTRUCTION CO., PRODUCTION OF DOCUMENTS BY,
INC., et al., CROSS-DEFENDANT SANTOS &
URRUTIA ASSOCIATES, INC., AND
Defendants. FOR SANCTIONS

AND RELATED CROSS-ACTIONS.

On September 21, 2012 in Department 302 of the San Francisco County Superior Court, a
hearing was held on the motion of defendant and cross-complainant CONSTRUCTION
TESTING SERVICES, INC. (“CTS”) for an order compelling further responses to, and the
production of documents responsive to, CTS’ discovery requests to cross-defendant SANTOS &
URRUTIA ASSOCIATES, INC. (“Santos”). The Court, having considered the papers submitted
in support of and in opposition to the Motion, any arguments of counsel, and the law, and good

cause appearing;
RC16593272.2/DCC -l-

ORDER GRANTING IN PART CTS’ MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY FROM, AND FOR PRODUCTION
OF DOCUMENTS BY, CROSS-DEFENDANT SANTOS & URRUTIA ASSOCIATES, INC, AND FOR SANCTIONSRopers Majeski Kohn & Bentley
A Professional Corporation

San Francisco

Rw N

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IT IS HEREBY ORDERED that CTS’ motion to compel further responses and production
of documents is GRANTED.

IT IS FURTHER ORDERED that Santos shall serve its verified further responses and
documents responsive to the following discovery requests: (1) Construction Testing Services,
Inc.’s Special Interrogatories to Santos & Urrutia Associates, Inc. (Set One), Interrogatory Nos, 2-
7; and (2) Construction Testing Services, Inc.’s Request for Production and Inspection and
Copying of Documents and Intangible Things to Santos & Urrutia Associates, Inc. (Set One)
(“RFP”), Request Nos. 3-11 (collectively the “Discovery Requests”).

1T IS FURTHER ORDERED that, pursuant to the Court’s September 21, 2012 Order
Granting Ex Parte Application to Continue Deadline to File Motion Contesting the Application for
Determination of Good Faith Settlement Filed by Cross-Defendant Santos & Urrutia Associates,
Inc., Santos’ verified further responses and documents responsive to the Discovery Requests shall
be served and/or produced on or before October 2, 2012.

IT {S FURTHER ORDERED that any documents responsive to the Discovery Requests
that relate or pertain to any structural engineering services performed or to be performed by
Santos at 973 Market Street, San Francisco, for the new owner Raintree 973 Market LLC may be
produced by Santos subject to a stipulated protective order, but this Order makes no determination.
as to whether said documents are in fact confidential or private. Said stipulated protective order
shall be presented to the Court within fourteen (14) days from entry of this order, but the lack of
such a protective order shall not relieve Santos of the obligation to produce documents responsive
to the Discovery Requests on or before October 2, 2012.

IT JS FURTHER ORDERED that CTS’ request for sanctions is DENIED.

IT IS SO ORDERED.

Oddse FBWE

Dated: XK 6
ERNST HALPERIN
SUPERIOR COURT JUDGE PRO TEM
RC1/6593272.2/DCC -2-

ORDER GRANTING IN PART CTS’ MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY FROM, AND FOR PRODUCTION
OF DOCUMENTS BY, CROSS-DEFENDANT SANTOS & URRUTIA ASSOCIATES, INC., AND FOR SANCTIONSRopers Majeski Kohn & Bentley
A Professional Corporation

San Francisco

Oo Dm WN DA HW

AGREED AS TO FORM:
LAW OFFICES OF RICHARD K. BAUMAN

on ROL K (2 ——

Dated: September” ~ 2012

RICHARD K. BAUMAN
Counsel for Cross-Defendant
SANTOS & URRUTIA ASSOCIATES, INC.

RCH6593272.2/DCC -3-

ORDER GRANTING IN PART CTS’ MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY FROM, AND FOR PRODUCTION
OF DOCUMENTS BY, CROSS-DEFENDANT SANTOS & URRUTIA ASSOCIATES, INC., AND FOR SANCTIONS