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

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                MO

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Dec-27-2011 2:38 pm

Case Number: CGC-10-498405
Filing Date: Dec-27-2011 2:37
Juke Box: 001 Image: 03433028
GENERIC CIVIL FILING (NO FEE)

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

001C03433028

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

San Francisco

& BW ON

°°

co f

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
dcourteau@rmkb.com

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

MU OEC 27 PS

CLERK OF

BY.

SUPERIOR COURT OF THE STATE OF CALIFORNIA.
COUNTY OF SAN FRANCISCO

PERFORMING ARTS, LLC, CASE NO. CGC-10-498405

Plaintiff, DISCOVERY

v. NOTICE IN LIEU OF OPPOSITION TO
MOTION TO COMPEL DEPOSITION OF
KILLARNEY CONSTRUCTION CO., CONSTRUCTION TESTING SERVICES,
INC., et al., : INC. AND FOR SANCTIONS

Defendant. Date: January 10, 2012
Time: 9:00 a.m.

Dept.: 302

Honorable Harold E. Kahn

Trial: = March 26, 2012
AND RELATED CROSS-ACTIONS.

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

In lieu of an opposition, defendant Construction testing Services, Inc. (“CTS”) hereby
files this notice regarding the resolution of the parties’ dispute regarding the deposition of CTS.
CTS will shortly be filing a stipulation between CTS and Plaintiff stating that the deposition of
CTS will occur on January 31, 2012. That stipulation will also state that as part of the parties”
agreement regarding that deposition, Plaintiff's motion to compel will be continued to February

15, 2012, at 9:00 a.m. (with any opposition due on February 2, 2012), and will be taken off
RC1/6269453.1/DCC -]-

NOTICE IN LIEU OF OPPOSITION TO MOTION TO COMPEL DEPOSITION OF CONSTRUCTION TESTING SERVICES,
INC. AND FOR SANCTIONSRopers Majeski Kohn & Bentley
A Professional Corporation

San Francisco

wn

o0 Oe ND

10
ul
12
13
14
15
16
17
18
19
20
2
22
23
24
25
26
27
28

calendar if the deposition of CTS goes forward on January 31, 2012.

Dated: December 27, 2011 ROPERS, MAJESKI, KOHN & BENTLEY

By: Tee = =
JO. - DOOLING
DEVIN C. COURTEAU
Attorneys for Defendant and Cross-
Complainant CONSTRUCTION
TESTING SERVICES, INC.

} RCI/6269453.1/D0C -2-

NOTICE IN LIEU OF OPPOSITION TO MOTION TO COMPEL DEPOSITION OF CONSTRUCTION TESTING SERVICES,
INC. AND FOR SANCTIONSRopers Majeski Kohn & Bentley

A Professional Corporation

San Francisco

om IN DH FF WN =

WN YN YW NON NY NR Se Se Be Be Be se Be es eB
ea A A BON =F S De AUDA BF YH YH KF Ss

CASE NAME : PERFORMING ARTS v. KILLARNEY, ct al.
ACTION NO, : CGC-10-498405

PROOF OF SERVICE
METHOD OF SERVICE

Ee] First Class Mail OO Facsimile OO Messenger Service

C1 Overnight Delivery 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 December 21, 2011, I served the following document(s):

NOTICE IN LIEU OF OPPOSITION TO MOTION TO COMPEL
DEPOSITION OF CONSTRUCTION TESTING SERVICES, INC. AND
FOR SANCTIONS

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

Jeffrey H. Lowenthal, Esq.

One California Street, 3° Floor

San Francisco, CA 94111.

San Francisco, CA 94108 (415) 421-3400/FAX (415) 421-2234
(415) 788-5935/FAX (415) 788-5958 Attorneys for Plaintiff PERFORMING
Attorneys for Plaintiff PERFORMING ARTS, LLC

ARTS, LLC

Suzanne M. Martin, Esq.
Lewis Brisbois Bisgaard & Smith, LLP Mark C, Russell, Esq.

One Sansome Street, Suite 1400 Olivia J. Bradbury, Esq.

San Francisco, CA 94104 Gordon & Rees

(415) 438-6616/FAX (415) 434-0882 275 Battery Street, Suite 2000
Attorneys for Intervener ASPEN INSURANCE San Francisco, CA 94111

UK, LTD on behalf of Defendant KILLARNEY (415) 986-5900/FAX (415) 986-8054
CONSTRUCTION CO., a California Attorneys for Defendant CARDINAL
suspended corporation; and Defendants CONSULTING, INC.

CULLINANE CONSTRUCTION and AL

NORMAN MECHANICAL, INC.

Dion N. Cominos, Esq.

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.

RC1/6269763.1/SH8 -1-

PROOF OF SERVICE

Steyer Lowenthal Boodrookas Alvarez, et al.Ropers Majeski Kohn & Bentley
A Professional Corporation

San Francisco

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

a. O 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. & 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. O1 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. 0 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: December 27, 2011
Sally J. Hamm deli VIL

Type Name Signature

RC1/6269763.1/SH8 -2-
PROOF OF SERVICE