On April 07, 2010 a
Motion,Ex Parte
was filed
involving a dispute between
Bode Concrete Llc,
Cardinal Consulting Inc.,
Construction Testing Services, Inc.,
Kerman Morris Architects, Llp,
Santos & Urrutia Associates, Inc.,
Performing Arts Llc,,
and
Al Norman Mechanical, Inc.,
Cardinal Consulting Inc.,
Construction Testing Services,
Construction Testing Services, Inc.,
Cullinane Construction,
Does 1 Thru 200, Incl.,
Killarney Construction Co., Inc.,
Mid-Market Developmenet Company, Inc.,
Mid-Market Development Co., Inc.,
Murray, Michael,
Performing Arts Llc,,
for civil
in the District Court of San Francisco County.
Preview
MINOT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-01-2012 3:07 pm
Case Number: CGC-10-498405
Filing Date: Feb-01-2012 3:06
Juke Box: 001 Image: 03476993
PROOF OF SERVICE OF MOTION
PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al
001003476993
Instructions:
Please place this sheet on top of the document to be scanned.Ropers Majeski Kohn & Bentley
A Professionai Corporation
San Francisco
JOHN G. DOOLING (SBN 154358)
DEVIN C. COURTEAU (SBN 197505)
ROPERS, MAJESKL, KOHN & BENTLEY
201 Spear Street, Suite 1000
San Francisco, CA 94105-1667
Telephone: (415) 543-4800
Facsimile: (415) 972-6301
Email: jdooling@rmkb.com
dcourteau@rmkb.com
Attorneys for Defendant and Cross-Complainant
CONSTRUCTION TESTING SERVICES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PERFORMING ARTS, LLC,
Plaintiff,
v.
KILLARNEY CONSTRUCTION CO.,
INC,, ef al.,
Defendants.
AND RELATED CROSS-ACTIONS
CASE NO. CGC-10-498405
PROOF OF SERVICE OF:
AMENDED NOTICE OF
APPLICATION FOR AN ORDER
SEALING DOCUMENTS FILED IN
SUPPORT OF DEFENDANT
CONSTRUCTION TESTING
SERVICES, INC.’S MOTION FOR
SUMMARY JUDGMENT;
CONSTRUCTION TESTING
SERVICES, INC.’S AMENDED
NOTICE OF MOTION FOR
SUMMARY JUDGMENT ON
PLAINTIFT’S COMPLAINT
Trial Date: September 24, 2012
RC1/6313329.1/SH8
-1-
PROOK OF SERVICERopers Majeski Kohn & Bentley
A Professional! Corporation
San Francisco
CASE NAME : PERFORMING ARTS v. KILLARNEY, et al.
ACTION NO. : CGC 10-498405
PROOF OF SERVICE
METHOD OF SERVICE
[4] First Class Mail DO Facsimile
C1 Overnight Delivery
O Messenger Service
0 E-Mail/Electronic Delivery
1. At the time of service I was over 18 years of age and not a party to this action.
2. My business address is 201 Spear Street, Suite 1000, San Francisco, CA 94105-1667,
County of San Francisco.
3. On February 1, 2012, I served the following document(s):
AMENDED NOTICE OF APPLICATION FOR AN ORDER SEALING
DOCUMENTS FILED IN SUPPORT OF DEFENDANT CONSTRUCTION
TESTING SERVICES,
INC.’S MOTION FOR SUMMARY JUDGMENT;
CONSTRUCTION TESTING SERVICES, INC,’S AMENDED NOTICE OF
MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S COMPLAINT
4. I served the document(s) on the persons at the address below (along with their fax numbers
and/or email addresses if service was by fax or email):
Gary A. Angel, Esq.
Frear Stephen Schmid, Esq.
Law Offices of Gary A. Angel
177 Post Street, 8" Floor
San Francisco, CA 94108
(415) 788-5935/FAX (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
(415) 438-6616/FAX (415) 434-0882
Attorneys for Defendants Cullinane Construction
and Al Norman Mechanical, Inc.
Paul Manasian, Esq.
Manasian & Rougeau, LLP
400 Montgomery Street, Suite 1000
San Francisco, CA 94104
(415) 291-8425 x4/FAX (415) 291-8426
Attorneys for Defendants Michael Murray and
Mid-Market Development Co., Inc.
RC1/6313329.1/SH8
-1-
Jeffrey H. Lowenthal, Esq.
Steyer Lowenthal Boodrookas Alvarez, et al.
One California Street, 34 Floor
San Francisco, CA 94111
(415) 421-3400/FAX (415) 421-2234
Attorneys for Plaintiff Performing Arts, LLC
Dion N. Cominos, Esq.
Mark C. Russell, Esq.
Olivia J. Bradbury, Esq.
Gordon & Rees
275 Battery Street, Suite 2000
San Francisco, CA 94111
(415) 986-5900/FAX (415) 986-8054
Attorneys for Defendant Cardinal Consulting,
Ine.
Jordan A. Sussman.
Zief, Diment & Glickman
109 Geary Street, 4" Floor
San Francisco, CA 94108
(415) 986-3644/FAX (415) 982-5130
Attomeys for Intervener Aspen Insurance
UK, Ltd. On Behalf Of Defendant Killarney
Construction Co., A California Suspended
Corporation;
PROOF OF SERVICERopers Majeski Kohn & Bentley
A Professional Corporation
San Francisco
-_
oOo ON KD A BR WON
5. Iserved the document(s) by the following means:
a. Bl By United States mail: 1 enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses specified in item 4 and placed the envelope
‘or collection and mailing, following our ordinary business practices. I am readily
‘amiliar with this business’s practice for collecting and processing correspondence for
mailing. On the same day that correspondence is-placed for collection and mailing, it
js deposited in the ordinary course of business with the United States Postal Service,
ina sealed envelope with postage fully prepaid at the address listed in Paragraph 2
above.
b. O By overnight delivery: I enclosed the documents in an envelope or package provided
by an overnight delivery carrier and addressed to the persons at the addresses in item
4. I placed the envelope or package for collection and overnight delivery at an office
or a regularly utilized drop box of the overnight delivery carrier.
c. £1 By messenger: I served the documents by placing them in an envelope or package
addressed to the persons at the addresses listed in item 4 and providing them to a
messenger for service. (Separate declaration of personal service to be provided by
| the messenger.)
d. O By fax transmission: Based on an agreement between the parties and in conformance
with Rule 2.306, and/or as a courtesy, I faxed the documents to the persons at the fax
numbers listed in item 4. No error was reported by the fax machine that I used. A
copy of the record of the fax transmission is attached.
| e. O By email or electronic transmission: Based on an agreement between the parties
and/or as a courtesy, I sent the documents to the persons at the email addresses
listed in item 4. I did not receive, within a reasonable time after the transmission,
any electronic message or other indication that the transmission was unsuccessful.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Date: February 1, 2012
| Sally J. Hamm é
Type Name Signdfure
RC16313329.1/SHB -2-
PROOF OF SERVICE.
Preview
MINOT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-01-2012 3:07 pm Case Number: CGC-10-498405 Filing Date: Feb-01-2012 3:06 Juke Box: 001 Image: 03476993 PROOF OF SERVICE OF MOTION PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al 001003476993 Instructions: Please place this sheet on top of the document to be scanned.Ropers Majeski Kohn & Bentley A Professionai Corporation San Francisco JOHN G. DOOLING (SBN 154358) DEVIN C. COURTEAU (SBN 197505) ROPERS, MAJESKL, KOHN & BENTLEY 201 Spear Street, Suite 1000 San Francisco, CA 94105-1667 Telephone: (415) 543-4800 Facsimile: (415) 972-6301 Email: jdooling@rmkb.com dcourteau@rmkb.com Attorneys for Defendant and Cross-Complainant CONSTRUCTION TESTING SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PERFORMING ARTS, LLC, Plaintiff, v. KILLARNEY CONSTRUCTION CO., INC,, ef al., Defendants. AND RELATED CROSS-ACTIONS CASE NO. CGC-10-498405 PROOF OF SERVICE OF: AMENDED NOTICE OF APPLICATION FOR AN ORDER SEALING DOCUMENTS FILED IN SUPPORT OF DEFENDANT CONSTRUCTION TESTING SERVICES, INC.’S MOTION FOR SUMMARY JUDGMENT; CONSTRUCTION TESTING SERVICES, INC.’S AMENDED NOTICE OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFT’S COMPLAINT Trial Date: September 24, 2012 RC1/6313329.1/SH8 -1- PROOK OF SERVICERopers Majeski Kohn & Bentley A Professional! Corporation San Francisco CASE NAME : PERFORMING ARTS v. KILLARNEY, et al. ACTION NO. : CGC 10-498405 PROOF OF SERVICE METHOD OF SERVICE [4] First Class Mail DO Facsimile C1 Overnight Delivery O Messenger Service 0 E-Mail/Electronic Delivery 1. At the time of service I was over 18 years of age and not a party to this action. 2. My business address is 201 Spear Street, Suite 1000, San Francisco, CA 94105-1667, County of San Francisco. 3. On February 1, 2012, I served the following document(s): AMENDED NOTICE OF APPLICATION FOR AN ORDER SEALING DOCUMENTS FILED IN SUPPORT OF DEFENDANT CONSTRUCTION TESTING SERVICES, INC.’S MOTION FOR SUMMARY JUDGMENT; CONSTRUCTION TESTING SERVICES, INC,’S AMENDED NOTICE OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S COMPLAINT 4. I served the document(s) on the persons at the address below (along with their fax numbers and/or email addresses if service was by fax or email): Gary A. Angel, Esq. Frear Stephen Schmid, Esq. Law Offices of Gary A. Angel 177 Post Street, 8" Floor San Francisco, CA 94108 (415) 788-5935/FAX (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 (415) 438-6616/FAX (415) 434-0882 Attorneys for Defendants Cullinane Construction and Al Norman Mechanical, Inc. Paul Manasian, Esq. Manasian & Rougeau, LLP 400 Montgomery Street, Suite 1000 San Francisco, CA 94104 (415) 291-8425 x4/FAX (415) 291-8426 Attorneys for Defendants Michael Murray and Mid-Market Development Co., Inc. RC1/6313329.1/SH8 -1- Jeffrey H. Lowenthal, Esq. Steyer Lowenthal Boodrookas Alvarez, et al. One California Street, 34 Floor San Francisco, CA 94111 (415) 421-3400/FAX (415) 421-2234 Attorneys for Plaintiff Performing Arts, LLC Dion N. Cominos, Esq. Mark C. Russell, Esq. Olivia J. Bradbury, Esq. Gordon & Rees 275 Battery Street, Suite 2000 San Francisco, CA 94111 (415) 986-5900/FAX (415) 986-8054 Attorneys for Defendant Cardinal Consulting, Ine. Jordan A. Sussman. Zief, Diment & Glickman 109 Geary Street, 4" Floor San Francisco, CA 94108 (415) 986-3644/FAX (415) 982-5130 Attomeys for Intervener Aspen Insurance UK, Ltd. On Behalf Of Defendant Killarney Construction Co., A California Suspended Corporation; PROOF OF SERVICERopers Majeski Kohn & Bentley A Professional Corporation San Francisco -_ oOo ON KD A BR WON 5. Iserved the document(s) by the following means: a. Bl By United States mail: 1 enclosed the documents in a sealed envelope or package addressed to the persons at the addresses specified in item 4 and placed the envelope ‘or collection and mailing, following our ordinary business practices. I am readily ‘amiliar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is-placed for collection and mailing, it js deposited in the ordinary course of business with the United States Postal Service, ina sealed envelope with postage fully prepaid at the address listed in Paragraph 2 above. b. O By overnight delivery: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. c. £1 By messenger: I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a messenger for service. (Separate declaration of personal service to be provided by | the messenger.) d. O By fax transmission: Based on an agreement between the parties and in conformance with Rule 2.306, and/or as a courtesy, I faxed the documents to the persons at the fax numbers listed in item 4. No error was reported by the fax machine that I used. A copy of the record of the fax transmission is attached. | e. O By email or electronic transmission: Based on an agreement between the parties and/or as a courtesy, I sent the documents to the persons at the email addresses listed in item 4. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: February 1, 2012 | Sally J. Hamm é Type Name Signdfure RC16313329.1/SHB -2- PROOF OF SERVICE.