Party Notice: 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
May-30-2012 10:29 am

Case Number: CGC-10-498405
Filing Date: May-30-2012 10:28
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 03633165
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE

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

001003633165

Instructions:
Please place this sheet on top of the document to be scanned.Fax

> DEFENDANTRESPONDENT: Killarney Construction Co., Inc., et al.

' Clv-120

Mon

135
San

nN

TUCKER ELLIS LLP

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

ica D. Williams SBN 227705

Main Street, Suite 700
Francisco, California 94105
TELEPHONE NO; = 415-617-2400 Faxno. 415-617-2409,
EMAIL ADDRESS: ~— monica.williams@tuckerellis.com Su
\TTORNEY FOR (Wame} Otis Elevator Company ‘County of San Francisco

perior Court of California

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco MAY 4 0 20 2

steeeT aporess: 400 McAllister Street

‘MAILING ADDRESS: RT
ciTy ano zip Cove: San Francisco, CA 94105 CLERK THE COU
BRANCH NAME: _Civil-Unlimited Jurisdiction BY: Beputy Clerk —

PLAINTIFF/PETITIONER: Performing Arts, LLC

NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE CASE NUMBER:
&] Personal Injury, Property Damage, or Wrongful Death CGC-11-498405
Motor Vehicle 1 Other
Family Law
[] Eminent Domain
(1 other (specify):

TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the
Request for Dismissal. (Attach a copy completed by the clerk.)

Date: May 29, 2012
™~
Monica D. Williams » VY
(TYPE OR PRINT NAME OF PX] attorney _[] _ party wittiouT ATTORNEY) (SIGNATURE)
PROOF OF SERVICE

1. !am over the age of 18 and not a party to this cause. My residence or business address is:
Please see attached

2. 1ama resident of or employed in the county where the mailing occurred. | served a copy of the Notice of Entry of

3.0

4.0

Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows:

a. [1 | deposited the envelope with the United States Postal Service.

b. [J | placed the envelope for collection and processing for mailing following this business's ordinary practice with
which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited
in the ordinary course of business with the United States Postal Service.

c. Date of deposit: d. Place of deposit (city and state):

e. Addressed as follows (name and address): .

| served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below:
a. Name of person served:

b. Address at which person served:

c. On (date): ~ dg. At (time):

! served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below
(complete if electronic service is used based on a court order or agreement of the parties):

a. Name of person served:

b. Electronic service address of person served:

c. On (date): d. At (time):

e. Electronic service address from which | served the documents:

1 Proof of electronic service is attached.

5.(] Proof of service on additional parties is attached.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 1 of
Form Adopted for Mandatory Use NOTICE OF ENTRY OF DISMISSAL Code of Civil Procedure, § 581 et seq.:

Judicial Counc! of California

Cal, Rules of Cour, rule 3.1390

CIV-120 [Rev. January 1, 2012] AND PROOF OF SERVICE worw.courts.ca.govclv-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, pumber, and aadress):

JOHN G. DOOLING (SBN 154358) DEVIN C. COURTEAU (SBN 197505) : / FOR COURT USE ONLY

ROPERS, MAJESKI, KOHN & BENTLEY

201 SPEAR STREET, SUITE 1000 i
SAN FRANCISCO, CA 94105-1667

TELEPHONE NO: (415) 543-3800 FAX NO. (Optionay: (415) 972-6301
E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name): Def/Cross-Complainant Construction Testing Services, fle AY

SUPERIOR ¢,
counfe OF SAN FR Sho cen

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO CLERK OF THe cou
srreeraooness 400 McAllister Street ov] fF RT
MAILING ADDRESS. DEPUTY Clean

city ano zw cove: San Francisco, CA 94102
erancu name: CIVIL-UNLIMITED JURISDICTION
PLAINTIFF/PETITIONER: Performing Arts, LLC
DEFENDANT/RESPONDENT: Killarney Construction Co., Inc., et al
REQUEST FOR DISMISSAL

{Personal Injury, Property Damage, or Wrongful Death cect: 1.408405
1 MotorVehicle [] Other

QO FamityLaw [Eminent Domain
| 0 other (specity) :
| - A conformed copy will not be returned by the clerk unless a method of return is provided with the document. -

1. TO THE CLERK: Please dismiss this action as follows:
a.(1)0) With prejudice (2) Without prejudice

b.(1)] Complaint (2) (1) Petition
(3) & Cross-complaint filed by (name): Construction Testing Services, Inc. on (date): July 30, 2010
(4) Cross-complaint filed by (name): on (date):

©) Entire action of all parties and all causes of action
(©) BJ Other (specify):* As to OTIS ELEVATOR COMPANY only; each side to bear their own costs and attorneys
fees.

2. (Complete in all cases except family law cases.)

[i Court tees and costs were waived for a party in this case. (This information may be obtained from the clerk. If this box is
checked, the declaration on the back of this form must be completed).
Date: May 18, 2012

OEVING.COURTEAU 0 a ES

crvPcor PRT Name oF [RX] artorney [[] party WITHOUT ATTORNEY) (SIGNATURE)

“If dismissal requested is of specif of id fi °
I te ne eae Se eaacae tte Mey opty wou atmoy fr

causes of action, of cross-complaints to be dismissed. O PlaintitfiPetitioner BJ DefendanvRespondent
Cross—Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**

Date:
>
crv orprintname or [] attorney [_] party wTHour ATTORNEY) (SIGNATURE)
” Mae cross complaint or Response (Family La seeking stinaive Attorney or Party without attomey for:
sign this consant if required by Code of Civil Procedure section 581 () C1 PiaintiftiPetitioner C1 DefendantRespondent
oF @). (1. Cross—Complainant
(To be completed by clerk)
4. (1) Dismissal entered as requested on (date):
5. [1 _ Dismissal entered on (date): as to only (name):

6. [1 Dismissal not entered as requested for the following reasons (specify):

7a go Attorney or party without attomey notified on (date):
vb. (] Attorney or party without attomey not notified. Filing party failed to provide
a copy tobe conformed [] means to retum conformed copy

Date: Clerk, by » Deputy

Paget of 2
Form Adopled fer Mandatory Use REQUEST FOR NISMISS Ar odin ol Cia Berar wm RRS wennPROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

I declare that I am a citizen of the United States and a resident of San Francisco,
California or employed in the County of San Francisco, State of California. I am over the age of
18 and not a party to the within action. My business address is Tucker Ellis LLP, 135 Main
Street, Suite 700, San Francisco, California 94105.

On the date indicated below, I served the foregoing document entitled NOTICE OF
ENTRY OF DISMISSAL AND PROOF OF SERVICE by placing an original enclosed in a
sealed envelope(s), addressed as follows:

(SEE ATTACHED SERVICE LIST)

(X) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United
States mail at San Francisco, California.

(.) By Personal Service, I caused such envelope(s) to be delivered by hand to the individuals
so indicated at the address listed.

(.) By overnight courier, I caused the above-referenced document(s) to be delivered to an
overnight courier service for delivery to the above address(es) or on the attached service
list.

() By facsimile machine, I caused the above-referenced document(s) to be transmitted to the
person(s) named above or on the attached service list at the facsimile numbers given
thereat.

(X) I declare that I am employed in the office of the Bar of this Court at whose direction the
service was made.

(X) I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.

Executed on May 30, 2012 at San Francisco, California.

Ft

Diana CuraSERVICE LIST

Jeffrey H. Lowenthal, Esq.

Attorneys for Plaintiff Performing Arts, LLC

Steyer Lowenthal Boodrookas Alvarez & Smith

LLP

One California Street, Third Floor
San Francisco, CA 94111
Telephone: 415-421-3400
Facsimile: 415-421-2234
jlowenthal@steyerlaw.com

Gary A. Angel, Esq.

Frear Stephen Schmid, Esq.
Law Offices of Gary A. Angel
177 Post Street, 8" Floor

San Francisco, CA 94108
Telephone: 415-788-5935
Facsimile: 415-788-5958

Attorneys for Plaintiff Performing Arts, LLC

Suzanne M. Martin, Esq.

Lewis Brisbois Bisgaard & Smith, LLP
One Sansome Street, Suite 1400

San Francisco, CA 94104

Telephone: 415-438-6616

Facsimile: 415-434-0882

Attorneys for Defendant Cullinane
Construction Co., Inc. and Al Norman
Mechanical, Inc.

martin@|bbslaw.com

Mark C. Russell, Esq. Attomeys for Defendant Cardinal
Gordon & Rees LLP Consulting, Inc.

Embarcadero Center West

275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: 415-986-5900
Facsimile: 415-986-8054

mrussell@gordonrees.com

Coque K. Dion, Esq.

Manasian & Rougeau, LLP

400 Montgomery Street, Suite 1000
San Francisco, CA 94104
Telephone: 415-291-8425
Facsimile: 415-291-8426

dion@nrlawsf.com

Attorneys for Defendants Michael Murray
and Mid-Market Development Co., Inc.John G. Dooling, Esq. Attorneys for Defendant and Cross-
Timothy A. Dolan, Esq. Complainant Construction Testing Services,
Ropers Majeski Kohn Bentley Inc.

201 Spear Street, Suite 1000
San Francisco, CA 94105-1667
Telephone: 415-543-4800
Facsimile: 415-972-6301
jdooling@rmkb.com
tdolan@rmkb.com