Motion-Secondary: 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
Jul-03-2012 2:23 pm

Case Number: CGC-10-498405
Filing Date: Jul-03-2012 2:21
Filed by:

Juke Box: 001 Image: 03675139
DECLARATION

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

001003675139

Instructions:
Please place this sheet on top of the document to be scanned.uo Oe TN DH RF YDB YN

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SRREBRE SUC FERTRRDECEES

RICHARD K. BAUMAN State Bar No, 118014
LAW OFFICES OF RICHARD K. BAUMAN
220 Montgomery Street, Suite 1500

San Francisco, CA 94104

Telephone: (415) 982-5230

Facsimile: (415) 397-1577

rbauman@att.net o
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Attorneys for Cross-Defendant/Cross-Complainant 2 S ©
SANTOS & URRUTIA ASSOCIATES, INC. 48,
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SUPERIOR COURT OF THE STATE OF CALIFORNIFS 3} 2 20%)
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COUNTY OF SAN FRANCISCO 2% 23,
UNLIMITED JURISDICTION a 8

PERFORMING ARTS, LLC. , a Delaware
Limited Liability Company,

Case No. CGC-10-498405

Plaintiff, DECLARATION OF RICHARD K.
BAUMAN IN SUPPORT OF SANTOS &
vs. URRUTIA ASSOCIATES, INC.’S MOTION

TO CONTINUE TRIAL

KILLARNEY CONSTRUCTION CO. INC., Hearing Date: August 2, 2012

MID-MARKET DEVELOPMENT CO, INC., ) Time: 9:30 a.m.

CARDINAL CONSULTING, INC., Dept. 206

CULLINANE CONSTRUCTION, AL Judge: Hon. Katherine

NORMAN MECHANICAL, INC., Feinstein

MICHAEL MURRAY, CONSTRUCTION
TESTING SERVICES, and DOES 1 through

Complaint Filed: April 7, 2010
200, inclusive,

Trial Date: September 24, 2012

Defendants.

BY FAX

AND RELATED CROSS-ACTIONS

OES

I, Richard K. Bauman, declare as follows:
1. Tam an attorney licensed to practice in the State of California, and am

with the Law Offices of Richard K. Bauman, attorneys of record for cross-defendant and cross-

DECLARATION OF RICHARD K. BAUMAN IN SUPPORT OF SANTOS & URRUTIA ASSOCIATES, INC.’S
MOTION TO CONTINUE TRIAL, PAGE 1oOo Oe NY DH BF YW YN

N - ema
NR REBRERBSRERDEREBH AS

complainant Santos & Urrutia Associates, Inc. (“Santos & Urrutia”) in this action. I have
personal knowledge of the matters stated in this declaration, except as to those matters stated on
information and belief, and as to those matters I believe them to be true, and could so testify as a
witness.

2. The initial complaint in this multiparty construction defect action was filed
April 7, 2010.

3, Twenty one months later, on January 17, 2012, Cross-Defendant Santos &
Urrutia was first named in this action in a ROE amendment to the Cross-Complaint of Cross-
Defendant Construction Testing Services, Inc. Such ROE amendment to named the following

ROE Cross-Defendants:

ROE 1: Kerman Morris Architects, Inc.
ROE 2: Santos & Urrutia

ROE 3: Arsenio Ortega, P.E.

ROE 4: UESF Engineers, Inc.

ROE 5: Connolly Heating Inc.

ROE 6: Otis Elevator Company

ROE 7: Gary Chan Plumbing

ROE 8: John Wagner Associates, Inc.
ROE 9: Titan Electric

ROE 10: Bode Concrete

ROE 11: Euro Electric

4. According to the Court docket, a few of these ROE cross-defedants (Titan
Electric, Otis Elevator, John Wagner Associates, Inc.) have been dismissed but most have not.
Some have not yet filed responses.

5. Santos & Urrutia entered the case when it filed its answer to the amended

cross-complaint on February 16, 2012.

DECLARATION OF RICHARD K. BAUMAN IN SUPPORT OF SANTOS & URRUTIA ASSOCIATES, INC.’S
MOTION TO CONTINUE TRIAL, PAGE 2oOo DN DN HR F YW NY

= es
BBEBSBEARAEBERES

25

27

6. On July 2, 2012, 1 learned that Plaintiff Performing Arts, LLC, has
apparently sold the subject property to Raintree 973 Market LLC, a Delaware limited liability
company.

7. On July 2, 2012, I obtained, through a service entitled “DocEdge.com, a
division of First American Data Tree, LLC.” a copy of a deed filed with the San Francisco
Assessor-Recorder’s Office on May 11, 2012, conveying the property which is the subject of this
action from Plaintiff to Raintree 973 Market LLC, a Delaware limited liability company.
Attached hereto as Exhibit A is a true and correct copy of such deed.

8. Santos & Urrutia is structural engineering firm, and will likely have to
retain a structural engineering expert witness as part of its defense. Experts will likely be named
by many other parties, including the parties recently named as ROE defendants listed above.
The review and production of documents is ongoing, as is discovery and the depositions of
percipient and expert witnesses. But considerable time will be needed for the parties and their
experts to discuss the construction documents, expert reports, repair plans, and engage in
settlement discussions and/or mediation.

9. A mediation in this matter is set for July 31, 2012. If the mediation is not
successful the short time left until the September 24, 2012 trial will severely prejudice Santos &
Umutia’s ability to prepare a defense.

10. There was a continuance of the trial from March 26, 2012 to September
24, 2012, but Santos & Urrutia did not request such continuance. This motion is the first motion
to continue trial made by Santos & Urrutia.

lL. Santos & Urrutia is not aware of any pleading which discloses the change
in ownership, and Santos & Urrutia has not had the opportunity to conduct discovery on the

issue.

DECLARATION OF RICHARD K. BAUMAN IN SUPPORT OF SANTOS & URRUTIA ASSOCIATES, INC.’S
MOTION TO CONTINUE TRIAL, PAGE 3oOo Oe ND DHMH FF WB NH

RO a a ee
oO OD NTN DHA RF WN KF CS

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

foregoing is true and correct. Executed this 3rd day of July, 2012 at San Francisco, California.

(Rok fe

Richard K. Bauman

DECLARATION OF RICHARD K. BAUMAN IN SUPPORT OF SANTOS & URRUTIA ASSOCIATES, INC.’S
MOTION TO CONTINUE TRIAL, PAGE 4EXHIBIT A{tt a °

RECORDING REQUESTED BY:
sr a si techs
DOC-"2012-3410382-00

Locate No.: '38-7738-2355-0035512495
Tite No: 11-35512495-MK Acct 1-CHICAGO Title Company

When Recorded Mall Document Tu pe. MAY i 2012 08:20:20

TH Pa Rept # 0004402775
Ramee 973 Market Lu REEL KG45 IMAGE 0143
28202 Cabot Road, Suite 300 oke/KC/1-2
Laguna Niguel, CA 92675 vw

APN: 069, Block 3704 SPACE ABOVE THIS LINE FOR RECORDER'S.
993-9499 Mart &- i
GRANT DEED

\
The undersigned grantor(s) dectare(s
Documentary transfer tax fe sopareke dsclendor
x j computed on fll vue of conveyed,
computed On full value less value of liens or encumbrances remaining at time of sale,
] Unincorporated Area City of San Francisco,

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowled Performing Arts LL
Delaware limited liability company + receipt reby sed, "0 Ga

hereby GRANT(S) to Raintree 973 Market LLC, a Delaware limited Nability company

the following described real property In the City of San Francisco, County of San Francisco, State of
rn

SEE EXHIBIT "A’ ATTACHED HERETO AND MADE A PART HEREOF

DATED: April 30, 2012

State of California - . Performing Arts LLC, a Delaware limited liability

County of San Tranasco company

On a wi before me, BY: Centrix Builders, Inc., a California corporation
Notary Public Its: Manager

here insert name and the '), personally appeared

who to me on the basis of satisfactory evid to be the °
person(s) whose: name(s) fare panties 8 the within *y P. Cassidy,
ey i Im fis/her these authorized cay tes), ‘and that by

ey pan of whi ich the person(s) acted, executed the

et ie OUTY OF PRAY dre nt ete
California that the foregoing parag)

(Seal)

FD-213 (Rev 12/07) GRANT DEED

(grant) (10-03) (Rev, 07-11)Escrow No.: 11-35512495-MY
Locate Ne.: CACTI7738-7738-2355-0035512495
Title No. 11-35532495-MK

EXHIBIT "A"

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN FRANCISCO, COUNTY OF SAN FRANCISCO,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL ONE:

BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF MARKET STREET, DISTANT THEREON 176 FEET AND 6
INCHES NORTHEASTERLY FROM THE NORTHEASTERLY LINE OF 6TH STREET; RUNNING THENCE NORTHEASTERLY
ALONG SAID SOUTHEASTERLY LINE OF MARKET STREET, 49 FEET AND 3 INCHES; THENCE AT A RIGHT ANGLE

SOUTHWESTERLY, ALONG SAID NORTHWESTERLY LINE OF STEVENSON STREET, 49 FEET AND 3 INCHES; AND
THENCE AT A RIGHT ANGLE NORTHWESTERLY 170 FEET TO THE POINT OF BEGINNING.

BEING A PORTION OF 100 VARA BLOCK NO, 380.
PARCEL TWO;

APN: Lot 069, Block 3704co mo YR A HF BW HN

ee a
Sscrrtianrosepes

PROOF OF SERVICE

I, the undersigned, hereby declare: I am over 18 years of age and not a party to this action; my
business address is 220 Montgomery Street, Suite 1500, San Francisco, California 94104,

On this date I served the attached:

DECLARATION OF RICHARD K BAUMAN IN SUPPORT SANTOS &
URRUTIA ASSOCIATES, INC.’S MOTION TO CONTINUE TRIAL

by placing a true copy thereof, enclosed in a sealed envelope addressed as follows:
See attached service list

I caused such envelope with postage thereon fully paid to be deposited in a
mailbox in San Francisco, California. I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.

Dated: July 3, 2012

(Op K (2

Richard K. Bauman

DECLARATION OF RICHARD K. BAUMAN IN SUPPORT OF SANTOS & URRUTIA ASSOCIATES, INC.’S
MOTION TO CONTINUE TRIAL, PAGE 5Service List
Performing Arts ys Killarney, et al..
San Francisco Superior Court No. CGC-10-498405

Gary A. Angel, Esq.

Frear Stephen Schmid, Esq.

San Francisco, CA 94121

Law Offices of Gary A. Angel

177 Post Street, 8" Floor

San Francisco, CA 94108
Tel.: (415) 788-5935
Fax: (415) 788-5958

Attorneys for Plaintiff

Performing Arts, LLC

Jeffrey H. Lowenthal, Esq.
Steyer Lowenthal Boodrookas
Alvarez & Smith, LLP
One California Street, 3" Floor
San Francisco, CA 94111
Attorneys for Plaintiff
Performing Arts, LLC

Suzanne M. Martin, Esq.
Lewis Brisbois Bisgaard & Smith,
LLP
One Sansome Street, Suite 1400
San Francisco, CA, 94104

Tel.: (415) 438-6616

Fax: (415) 434-0882
Attorneys for Intervener Aspen
Insurance Uk, Ltd. On behalf of
Defendant Killarney
Construction Co., A California
Suspended Corporation; and
Defendants Cullinane
Construction and Al Norman
Mechanical, Inc.

Jordan A. Sussman. Esq.
Zief Diment & Glickman
109 Geary Street, 4th Floor
San Francisco, CA 94108

Tel: (415) 986-3644

Fax: (415) 982-5130
Attorneys for Aspen Insurance
UK, Ltd. Intervenor on behalf of
Defendant Killarney
Construction Co., Inc.

Paul Manasian, Esq.

Manasian & Rougeau, LLP

400 Montgomery Street, Suite 1000

San Francisco, California 94104
Tel.:(415) 291-8425 x4
Fax (415) 291-8426

Attorneys for Defendants

Michael Murray and Mid-

Market Development Co.,Inc.

Dion N. Cominos, Esq.
Mark C. Russell, Esq.
Olivia J. Bradbury, Esq.
Gordon & Rees
275 Battery Street, Suite 2000
San Francisco, CA 94111
Tel: (415) 986-5900
Fax: (415) 986-8054
Attorneys for Defendant
Cardinal Consulting, Inc.

John C. Dooling, Esq.

Devin C. Courteau, Esq.

Ropers, Majeski, Kohn &

Bentley

201 Spear Street, Suite 1000

San Francisco, CA 94105-1667
Tel: (415) 543-4800
Fax: (415) 972-6301

Attorneys for Defendant

Construction Testing Services,

Inc.

Todd B. Gary, Esq.
The Gary Law Firm
950 Risa Road, 2nd Floor
Lafayette, CA 94549
Tel: (925) 831-1155
Fax: (925) 831-1188
Attorney for Defendant and
Cross-Defendant
Cullinane Construction

Bruce N. Furakawa, Esq.
Eric M. Crowe. Esq.
Yevgenia Altman, Esq.
Severson & Werson
One Embarcadero Center,
Suite 2600
San Francisco, CA 94111
Tel: (415) 398-3344
Fax: (415) 956-0439
Attorneys for Cross-Defendant
Kerman Morris Architects, LLP

Heidi Quan, Esq.
Murchison & Cumming, LLP
275 Battery Street, Suite 550
San Francisco, CA 94111
Tel: (415) 524-4303
Fax: (415) 391-2058
Attorneys for Cross-Defendant
Bode Concrete, LLC

Karren L. Freedman, Esq.
Joseph Costella & Associates
215 Lennon Lane, Suite 200
Walnut Creek, CA 94598

Tel: (925) 945-4491;

Fax: (925)746-3916
Attorneys for Cross-Defendant
Bode Concrete, LLC