On April 07, 2010 a
AMENDMENT TO CROSS COMPLAINT CROSS DEFENDANT SUED HEREIN AS ROE 1 TO BE KERMAN MORRIS ARCHITECTS, LLP CROSS DEFENDANT SUED HEREIN AS ROE 2 TO BE SANTOS & URRUTIA ASSOCIATES, INC. CROSS DEFENDANT SUED HEREIN AS ROE 3 TO BE ARSENIO ORTEGA, P.E. CROSS DEFENDANT SUED HEREIN AS ROE 4 TO BE UESF ENGINEERS, INC. CROSS DEFENDANT SUED HEREIN AS ROE 5 TO BE CONNOLLY HEATING INC. CROSS DEFENDANT SUED HEREIN AS ROE 6 TO BE OTIS ELEVATOR COMPANY CROSS DEFENDANT SUED HEREIN AS ROE 7 TO BE GARY CHAN PLUMBING CROSS DEFENDANT SUED HEREIN AS ROE 8 TO BE JOHN WAGNER ASSOCIATES, INC. CROSS DEFENDANT SUED HEREIN AS ROE 9 TO BE TITAN ELECTRICAL CROSS DEFENDANT SUED HEREIN AS ROE 10 TO BE BODE CONCRETE CROSS DEFENDANT SUED HEREIN AS ROE 11 TO BE EURO ELECTRIC
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
A
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-17-2012 12:34 pm
Case Number: CGC-10-498405
Filing Date: Jan-17-2012 12:13
Juke Box: 001 Image: 03454290
AMENDMENT TO COMPLAINT
PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al
001003454290
Instructions:
Please place this sheet on top of the document to be scanned.Ropers Majeski Kohn & Bentley
A Professional Corporation
San Francisco
as af
VU NL
1 || JOHN G. DOOLING (SBN 154358)
DEVIN C. COURTEAU (SBN 197505) F I
2 | ROPERS, MAJESKI, KOHN & BENTLEY
201 Spear Street, Suite 1000 Sen Francisco County Superior Court
3 | San Francisco, CA 94105-1667 JAN 17 2012
Telephone: (415) 543-4800
4 | Facsimile: (415) 972-6301
Email: jdooling@rmkb.com c Re K OFF Wrae
5 dcourteau@rmkb.com BY: Bepkdy Clerk
6 | Attorneys for Defendant and Cross-Complainant
CONSTRUCTION TESTING SERVICES, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 | PERFORMING ARTS, LLC, CASE NO. CGC-10-498405
2 Plaintiff, AMENDMENT TO CONSTRUCTION
TESTING SERVICES, INC.’S CROSS-
3 v. COMPLAINT
4 | KILLARNEY CONSTRUCTION CO.,
INC., et al.,
Defendant.
Trial: = March 26, 2012
6
7 | AND RELATED CROSS-ACTIONS.
8
9
Pursuant to the Court’s Order dated December 19, 2011, cross-complainant
20 | CONSTRUCTION TESTING SERVICES, INC. hereby amends its cross-complaint in the above-
21 || entitled action to add the true names of the following ROE Cross-Defendants:
22 ROE 1: KERMAN MORRIS ARCHITECTS, LLP
23 ROE 2: SANTOS & URRUTIA ASSOCIATES, INC.
24 ROE 3: ARSENIO ORTEGA, P.E.
25 ROE 4: UESF ENGINEERS, INC.
26 ROE 5: CONNOLLY HEATING INC.
27 ROE 6: OTIS ELEVATOR COMPANY
28 ROE 7: GARY CHAN PLUMBING
RC1/6222360.1/R13 -1-
AMENDMENT TO CONSTRUCTION TESTING SERVICES, INC.’S CROSS-COMPLAINTA Professional Corporation
Ropers Majeski Kohn & Bentley
San Francisco
Ce ND MR RB BN
=
o
11
ROE 8:
ROE 9:
| RC1/6222360.1/RL3
ROE 10:
ROE 11:
Dated: January 13, 2012
JOHN WAGNER ASSOCIATES, INC.
TITAN ELECTRICAL
BODE CONCRETE
EURO ELECTRIC
By:
ROPERS, MAJESKI, KOHN & BENTLEY
JO. - DOOLING
DEVIN C. COURTEAU
Attorneys for Defendant and Cross-
Complainant CONSTRUCTION
TESTING SERVICES, INC.
-2-
AMENDMENT TO CONSTRUCTION TESTING SERVICES, INC.’S CROSS-COMPLAINTRopers Majeski Kohn & Bentley
A Professional Corporation
San Francisco.
28
ACTION NO. : CGC-10-498405
METHOD OF SERVICE
First Class Mail O1 Facsimile
O Ovemight Delivery
County of San Francisco.
COMPLAINT
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 Biseaard & 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.
|| Rc1/6293406.1/SH8
-1-
PROOF OF SERVICE
CASE NAME : PERFORMING ARTS v. KILLARNEY, et al.
PROOF OF SERVICE
CO Messenger Service
( 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,
3. On January 13, 2012, I served the following document(s):
AMENDMENT TO CONSTRUCTION TESTING SERVICES, INC’S CROSS-
4. I served 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):
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,
Ine.
5. ‘I served the document(s) by the following means:Ropers Majeski Kohn & Bentley
A Professional Corporation
San Francisco
6 oy A Ww
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a. El 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. 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, 0 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
numbeis 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 Lbs aL
Type Name Signature {
RC1/6293406.1/SH8 -2-
PROOF O¥ SERVICE
Preview
A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-17-2012 12:34 pm Case Number: CGC-10-498405 Filing Date: Jan-17-2012 12:13 Juke Box: 001 Image: 03454290 AMENDMENT TO COMPLAINT PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al 001003454290 Instructions: Please place this sheet on top of the document to be scanned.Ropers Majeski Kohn & Bentley A Professional Corporation San Francisco as af VU NL 1 || JOHN G. DOOLING (SBN 154358) DEVIN C. COURTEAU (SBN 197505) F I 2 | ROPERS, MAJESKI, KOHN & BENTLEY 201 Spear Street, Suite 1000 Sen Francisco County Superior Court 3 | San Francisco, CA 94105-1667 JAN 17 2012 Telephone: (415) 543-4800 4 | Facsimile: (415) 972-6301 Email: jdooling@rmkb.com c Re K OFF Wrae 5 dcourteau@rmkb.com BY: Bepkdy Clerk 6 | Attorneys for Defendant and Cross-Complainant CONSTRUCTION TESTING SERVICES, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 | PERFORMING ARTS, LLC, CASE NO. CGC-10-498405 2 Plaintiff, AMENDMENT TO CONSTRUCTION TESTING SERVICES, INC.’S CROSS- 3 v. COMPLAINT 4 | KILLARNEY CONSTRUCTION CO., INC., et al., Defendant. Trial: = March 26, 2012 6 7 | AND RELATED CROSS-ACTIONS. 8 9 Pursuant to the Court’s Order dated December 19, 2011, cross-complainant 20 | CONSTRUCTION TESTING SERVICES, INC. hereby amends its cross-complaint in the above- 21 || entitled action to add the true names of the following ROE Cross-Defendants: 22 ROE 1: KERMAN MORRIS ARCHITECTS, LLP 23 ROE 2: SANTOS & URRUTIA ASSOCIATES, INC. 24 ROE 3: ARSENIO ORTEGA, P.E. 25 ROE 4: UESF ENGINEERS, INC. 26 ROE 5: CONNOLLY HEATING INC. 27 ROE 6: OTIS ELEVATOR COMPANY 28 ROE 7: GARY CHAN PLUMBING RC1/6222360.1/R13 -1- AMENDMENT TO CONSTRUCTION TESTING SERVICES, INC.’S CROSS-COMPLAINTA Professional Corporation Ropers Majeski Kohn & Bentley San Francisco Ce ND MR RB BN = o 11 ROE 8: ROE 9: | RC1/6222360.1/RL3 ROE 10: ROE 11: Dated: January 13, 2012 JOHN WAGNER ASSOCIATES, INC. TITAN ELECTRICAL BODE CONCRETE EURO ELECTRIC By: ROPERS, MAJESKI, KOHN & BENTLEY JO. - DOOLING DEVIN C. COURTEAU Attorneys for Defendant and Cross- Complainant CONSTRUCTION TESTING SERVICES, INC. -2- AMENDMENT TO CONSTRUCTION TESTING SERVICES, INC.’S CROSS-COMPLAINTRopers Majeski Kohn & Bentley A Professional Corporation San Francisco. 28 ACTION NO. : CGC-10-498405 METHOD OF SERVICE First Class Mail O1 Facsimile O Ovemight Delivery County of San Francisco. COMPLAINT 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 Biseaard & 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. || Rc1/6293406.1/SH8 -1- PROOF OF SERVICE CASE NAME : PERFORMING ARTS v. KILLARNEY, et al. PROOF OF SERVICE CO Messenger Service ( 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, 3. On January 13, 2012, I served the following document(s): AMENDMENT TO CONSTRUCTION TESTING SERVICES, INC’S CROSS- 4. I served 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): 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, Ine. 5. ‘I served the document(s) by the following means:Ropers Majeski Kohn & Bentley A Professional Corporation San Francisco 6 oy A Ww 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. El 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. 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, 0 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 numbeis 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 Lbs aL Type Name Signature { RC1/6293406.1/SH8 -2- PROOF O¥ SERVICE