Proof of Service: 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
Jan-17-2012 12:36 pm

Case Number: CGC-10-498405
Filing Date: Jan-17-2012 12:36
Juke Box: 001 Image: 03454292
GENERIC CIVIL FILING (NO FEE)

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

001003454292

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

San Francisco

cy
/

JOHN G. DOOLING (SBN 154358)
DEVIN C. COURTEAU (SBN 197505)
ROPERS, MAJESKI, KOHN & BENTLEY
201 Spear Street, Suite 1000

San Francisco, CA 94105-1667

Telephone : (415) 543-4800

Facsimile : (415) 972-6301

Email : jdooling@rmkb.com

: deourteau’ b.com

Attorneys for Defendant and Cross-Complainant
CONSTRUCTION TESTING SERVICES, INC.

San E. Superior Court
JAN 17 2012

CLERK OF HB COURT
BY pi rk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

PERFORMING ARTS, LLC CASE NO. CGC-10-498405
Plaintiff,
STATEMENT IN COMPLIANCE WITH
v. CODE OF CIVIL PROCEDURE
SECTION 411.35(b)(3)
KILLARNEY CONSTRUCTION CO.,
INC,, et al
Defendant.
AND RELATED CROSS-ACTIONS
I, Devin C. Courteau, declare as follows:
1. I am an attorney licensed to practice by the State of California, and am with the

Jaw firm Ropers, Majeski, Kohn & Bentley, attorneys of record for defendant and cross-

complainant Construction Testing Services, Inc. (“CTS”) in the above-referenced matter. 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. have reviewed and am familiar with the facts and circumstances of Plaintiff's

claims and the claims in CTS’s cross-complaint.

3. Prior to the filing of the amendment to CTS’s cross-complaint identifying ROE

RC1/6292822.1/DCC -l-

STATEMENT IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE SECTION 411.35(8)(3)Ropers Majeski Kohn & Bentley

A Professional Corporation

San Francisco.

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Cross-Defendants 1 through 11, I contacted at least three architects and three professional
engineers who are licensed to practice, and who practice in the State of California, as required by
Code of Civil Procedure section 411.35 (b)(1). However, none of these architects and engineers
agreed to consult on this matter.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 12" day of January, 2012 at San Francisco,

California.

eo

Devin C. Courteau.

RC1/6292822.1/DCC -2-

STATEMENT IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE SECTION 411.35(B)(3)A Professional Corporation

Ropers Majeski Kohn & Bentley

San Francisco

| RCI/6293406.2/SH8

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Md

cy

CASE NAME : PERFORMING ARTS v. KILLARNEY, et al.

ACTION NO. : CGC-10-498405

PROOF OF SERVICE

METHOD OF SERVICE
[x] First Class Mail OO Facsimile

C1 Overnight Delivery

O Messenger Service

O 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 January 13, 2012, I served the following document(s):

STATEMENT IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE SECTION

411.35(b)(3)

4. Iserved the document(s) on the persons at the addresses 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 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.

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.

Jeffrey H. Lowenthal, Esq.

Steyer Lowenthal Boodrookas Alvarez, et al.
One California Street, 3 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,
Inc.

5. I served the document(s) by the following means:

-l-

PROOF OF SERVICERopers Majeski Kohn & Bentley
A Professional Corporation

San Francisco,

Co Oo WD WH

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p

Hl By United States mail: I enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses specified in item 4 and placed the
envelope for collection and mailing, following our ordinary business practices. I
am readily familiar 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 is deposited in the ordinary course of business with the
United States Postal Service, in a sealed envelope with postage fully prepaid at
the address listed in Paragraph 2 above.

b. (1. 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. © 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. © By fax transmission: Based on an agreement between the partics 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. © 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: January 13,2012

Sally J. Hamm

Type Name

RC1/6293406.2/SH8 -2-
PROOF OF SERVICE