On May 06, 2013 a
Judgment
was filed
involving a dispute between
699 Second Development, Llc,
Blomberg Building Materials, Inc. Dba Bloomberg,
Cannon Constructors, Inc.,
Sternberg Benjamin Architects, Inc.,
88 Townsend Street Owners Asociation,,
and
699 Second Development Llc,,
699 Second Development, Llc,
Blomberg Building Materials Dba Blomberg Window,
Blomberg Building Materials, Inc. Dba Bloomberg,
Blomberg Glass,
Cannon Constructors, Inc.,
Does 1-100, 102-125 And 129 150, Inclusive,
Does 1 To 150, Incl.,
Marvin Windows And Doors,
Marvin Windows, Inc.,
Sternberg Benjamin Architects,
Sternberg Benjamin Architects, Inc.,
for civil
in the District Court of San Francisco County.
Preview
WOM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Dec-17-2014 11:38 am
Case Number: CGC-13-531203
Filing Date: Dec-17-2014 11:38
Filed by: CAROL BALISTRERI
Juke Box: 001 Image: 04725858
DISMISSAL
88 TOWNSEND STREET OWNERS ASOCIATION, VS. 699 SECOND
DEVELOPMENT LLC, et al
001004725858
Instructions:
Please place this sheet on top of the document to be scanned.© °
Civ-110
“ATTORNEY OR PARTY WATHOUT ATTORNEY (Neme, Stole Bar number, and address):
Courtney B. McFate, Esq. SBN: 286094 FOR COURT USE ONLY
VAN DEPOEL, LEVY, ALLEN & ARNEAL, LLP
1600 South Main Plaza, Suite 325, WALNUT CREEK, CA 94596 F
TELEPHONE NO:925-934-6102 FAXNO. (Optonap. 925-934-6060 I
E-MAIL ADDRESS (Options): cmcfate@vanlevylaw.com Serer D
‘Of
ATTORNEY FOR (Nem): Sternberg Benjamin Architects
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO DEC
srrect anoness.400 McAllister Street 172014
MAiuNG aooress:400 McAllister Street
city avo zi cooe:San Francisco, 94102 By: OF THe Courr
BRANCH NAME: Civic Center Courthouse as
PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association
DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al.
REQUEST FOR DISMISSAL ‘case numaer: CGC-13-531203
‘A conformed copy will not be returned by the clerk unless a method of return is provided with the document.
This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action ina
class action. (Cal. Rules of Court, rules 3,760 and 3.770.)
4
CIS
1. TO THE CLERK: Please dismiss this action as follows:
a. (1) [XJ With prejudice (2) [__] Without prejudice
b. (1) [_] Complaint (2) [] Petition
(3) (XJ Cross-complaint filed by (name): Stemberg Benjamin Architects ‘on (date): 8-22-13
(4) [_] Cross-complaint filed by (name): on (date):
(5) (_] Entire action of all parties and all causes of action
Other (specify): Each party to bear its own fees and costs.
2. (Complete in all cases except family law cases.)
The court [__]did did not waive court fees and costs for a party in this case. (This information may be obtained from
the clerk. if court fees and costs were waived, the declaration on the back of this form must be completed).
Date: December J"), 2014
Courtney B. McFate,,Esa...... tees
(TYPE OR PRINT NAME OF xrrorney [___] PARTY WITHOUT ATTORNEY) (SIGNATURE)
if dismissal requested is of specified parties only of spectied causes of action Attorney or party without attorney for:
20h, OF of Se so 5 ath .52 stale and dently the partes, [_]Plaintift/Pettioner [) DefendantRespondent
(EX) cross-Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given."
Date: >
(IVPE OR PRINT NAME OF [___] aTtorNey [__] PARTY WITHOUT ATTORNEY) (SIGNATURE)
7H 2 crosecompaint or Response (Family Law) ‘seeking eftematve Attorney or party without attorney for:
~ for (respondent “emetit
eetnis consent f eequed by Code of nan re ection 84 0) [) PlaintitfPetitioner {J DefendantfRespondent
oO. (CC) Cross-Compiainant
(To be completed by clerk)
4. (_] Dismissal entered as requested on (date):
5 [__] Dismissal entered on (date): as to only (name):
6. [_] Dismissal not entered as requested for the following reasons (specify):
7. a. (J Attorney or party without attorney notified on (date):
b. OO Attorney or party without attorney not notified. Filing party failed to provide
[Ja copy to be conformed [__] means to return conformed copy
Date: Clerk, by , Deputy
Page tot
Foam Adopted fos Mendainy Use REQUEST FOR DISMISSAL ov. Cade, § 00S} Cal Rese oo tom 1500
CIV-140 (Rev. Jan. 1. 2013) Westaw Dac FomBuler "47 8.007/ © °
CIV-110
PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association
CASE NUMBER:
DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al. CGC-13-531203
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
ifa party whose court fees and costs were initially waived has recovered or will recover $10,000 or
more in value by way of settiement, compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code, § 68637.)
Declaration Concerning Waived Court Fees
1, The court waived court fees and costs in this action for (name):
2. The person named in item 1 is (check one below):
a. [_] not recovering anything of value by this action.
b. [] recovering less than $10,000 in value by this action.
c. [] recovering $10,000 or more in value by this action. {if item 2c is checked, item 3 must be completed.)
3. (7 All court fees and court costs that were waived in this action have been paid to the court (check one): [_] Yes [—] No
I declare under penalty of perjury under the laws of the State of Cz
alifornia that the information above is true and correct.
Date:
Courtney B. McFate, Esq. >
TYPEOR PRINT HAME OF [XC] ATTORNEY [—] Parry waln DECLARATION
(SIGNATURE)
‘CIV-110 fRev. January 1. 2013}
REQUEST FOR DISMISSAL Page 202WN
oO we TOM
PROOF OF SERVICE
Iam employed in the County of Contra Costa, State of California. I am over the age of 18 and
not a party to the within action. My business address is at Van De Poel, Levy & Allen, LLP, 1600
South Main Plaza, Suite 325, Walnut Creek, CA 94596.
On December 17, 2014, I served the foregoing document(s) described as:
REQUEST FOR DISMISSAL
on all other parties and/or their attorney(s) of record to this action as follows:
et SEE ATTACHED ELECTRONIC SERVICE LIST ***
[*] By FILE & SERVE XPRESS ELECTRONIC SERVICE. Complying with Code of
Civil Procedure section 1010.6, I caused such documents (s) to be electronically served
through the Lexis-Nexis File & Serve Xpress system for the above-entitled case to the
patties on the Service List maintained on Lexis-Nexis File & Serve Xpress’s website for this
case. Upon completion of said transmission of said document(s), a certified receipt is
issued to filing party acknowledging receipt by Lexis-Nexis File & Serve Xpress’s system.
The file transmission was reported as complete and copy of the Lexis-Nexis File & Serve
Xpress Receipt will be maintained with original documents in our office.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct to the best of my knowledge.
Executed on December 17, 2014, at Walnut Creek, Contra Costa County, California.
EP Sp
{01051125.DOC;1} 1
Proof of ServiceCm rnd AH FY YN
mown NNR eEeKY See eT Spr s
RBReRRBR FSF Gwe AA FY NT SO
26
SERVICE LIST
Case: 88 Townsend Street Owners Association vs. 699 Second Development, LLC, et al.
Court: San Francisco County Superior Court Action No.: CGC-13-531203,
Representing: | Sternberg Benjamin Architects, a California corporation
Thomas E. Miller, Esq.
Rachel M. Miller, Esq.
David F. Mangini, Esq.
Matthew T. Miller, Esq.
THE MILLER LAW FIRM
235 Montgomery Street, Suite 930
San Francisco, CA 9 4104
Telephone: 415) 437-1800
Facsimile: 415) 437-0177
Email: tmiller@constructiondefects.com
Attorneys for PLAINTIFF
Steven M. Cvitanovic, Esq.
HAIGHT BROWN & BONESTEEL LLP
Three Embarcadero Center, Suite 200
San Francisco, CA 94111
Telephone: (415) 546-7500
Facsimile: (415) 546-7505
Email: itanovi bi:
Attorneys for 699 SECOND
DEVELOPMENT, LLC; CANNON
CONSTRUCTORS, INC.
ames J. Ficenec, Esq.
“ARCHER NORRIS
2033 North Main Street, Suite 800
Walnut Creek, CA 94596-3759
Telephone: — (925) 930-6600
Facsimile: (925) 930-6620
Email: jf
jficenec@archernorris.com
Attorneys for MARVIN WINDOWS, INC.
Steven E. McDonald, Esq.
James L. Shea, Esq.
Colin W. Larson, Esq.
BLEDSOE, CATHCART, DIESTEL,
PEDERSEN, & TREPPA, LLP
601 California Street, 16" Floor
San Francisco, CA 94108
Telephone: (415) 981-5411
Facsimile: (415) 981-0352
Email: smcdonald@bledsoelaw.com
jsh soelaw..
Slarson@bledsoslay. com
for BLOMBERG BUILDING
Attom:
MATERIALS, INC. dba BLOMBERG
WINDOW SYSTEMS
Gregory G. Dahl, Esq.
LAW OFFICES OF TIMOTHY R. WAGNER
1655 Grant Street, Suite 800-B
Concord, CA 94520
Telephone: (925) 681-3600
Facsimile: (866) 386-1186
ime unsel foe BLOMBERG BULL
Co-Counsel for BLOMBERG BUILDING
MATERIALS, INC. dba BLOMBERG
WINDOW SYSTEMS
David Hennin; , Esq.
DH MEDIATION
227 North First Street, Suite 100
San Jose, CA 95113
Telephone: (408) 849-4146
Toll Free: (888) 464-4717
Facsimile: (408) 912-2499
Email: Vv. iati
SPECIAL MASTE
O Check only if sent
Esquire Deposition Solutions
44 Montgomery Street, Suite 1100
San Francisco, CA 94104
Telephone: (41 5) 591-3333
Facsimile: (415) 591-3335
DOCUMENT DEPOSITORY
O Check only if sent
{01051125.DOC;1}
Proof of Service
Preview
WOM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Dec-17-2014 11:38 am Case Number: CGC-13-531203 Filing Date: Dec-17-2014 11:38 Filed by: CAROL BALISTRERI Juke Box: 001 Image: 04725858 DISMISSAL 88 TOWNSEND STREET OWNERS ASOCIATION, VS. 699 SECOND DEVELOPMENT LLC, et al 001004725858 Instructions: Please place this sheet on top of the document to be scanned.© ° Civ-110 “ATTORNEY OR PARTY WATHOUT ATTORNEY (Neme, Stole Bar number, and address): Courtney B. McFate, Esq. SBN: 286094 FOR COURT USE ONLY VAN DEPOEL, LEVY, ALLEN & ARNEAL, LLP 1600 South Main Plaza, Suite 325, WALNUT CREEK, CA 94596 F TELEPHONE NO:925-934-6102 FAXNO. (Optonap. 925-934-6060 I E-MAIL ADDRESS (Options): cmcfate@vanlevylaw.com Serer D ‘Of ATTORNEY FOR (Nem): Sternberg Benjamin Architects SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO DEC srrect anoness.400 McAllister Street 172014 MAiuNG aooress:400 McAllister Street city avo zi cooe:San Francisco, 94102 By: OF THe Courr BRANCH NAME: Civic Center Courthouse as PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al. REQUEST FOR DISMISSAL ‘case numaer: CGC-13-531203 ‘A conformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action ina class action. (Cal. Rules of Court, rules 3,760 and 3.770.) 4 CIS 1. TO THE CLERK: Please dismiss this action as follows: a. (1) [XJ With prejudice (2) [__] Without prejudice b. (1) [_] Complaint (2) [] Petition (3) (XJ Cross-complaint filed by (name): Stemberg Benjamin Architects ‘on (date): 8-22-13 (4) [_] Cross-complaint filed by (name): on (date): (5) (_] Entire action of all parties and all causes of action Other (specify): Each party to bear its own fees and costs. 2. (Complete in all cases except family law cases.) The court [__]did did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. if court fees and costs were waived, the declaration on the back of this form must be completed). Date: December J"), 2014 Courtney B. McFate,,Esa...... tees (TYPE OR PRINT NAME OF xrrorney [___] PARTY WITHOUT ATTORNEY) (SIGNATURE) if dismissal requested is of specified parties only of spectied causes of action Attorney or party without attorney for: 20h, OF of Se so 5 ath .52 stale and dently the partes, [_]Plaintift/Pettioner [) DefendantRespondent (EX) cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given." Date: > (IVPE OR PRINT NAME OF [___] aTtorNey [__] PARTY WITHOUT ATTORNEY) (SIGNATURE) 7H 2 crosecompaint or Response (Family Law) ‘seeking eftematve Attorney or party without attorney for: ~ for (respondent “emetit eetnis consent f eequed by Code of nan re ection 84 0) [) PlaintitfPetitioner {J DefendantfRespondent oO. (CC) Cross-Compiainant (To be completed by clerk) 4. (_] Dismissal entered as requested on (date): 5 [__] Dismissal entered on (date): as to only (name): 6. [_] Dismissal not entered as requested for the following reasons (specify): 7. a. (J Attorney or party without attorney notified on (date): b. OO Attorney or party without attorney not notified. Filing party failed to provide [Ja copy to be conformed [__] means to return conformed copy Date: Clerk, by , Deputy Page tot Foam Adopted fos Mendainy Use REQUEST FOR DISMISSAL ov. Cade, § 00S} Cal Rese oo tom 1500 CIV-140 (Rev. Jan. 1. 2013) Westaw Dac FomBuler "47 8.007/ © ° CIV-110 PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association CASE NUMBER: DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al. CGC-13-531203 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS ifa party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settiement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1, The court waived court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a. [_] not recovering anything of value by this action. b. [] recovering less than $10,000 in value by this action. c. [] recovering $10,000 or more in value by this action. {if item 2c is checked, item 3 must be completed.) 3. (7 All court fees and court costs that were waived in this action have been paid to the court (check one): [_] Yes [—] No I declare under penalty of perjury under the laws of the State of Cz alifornia that the information above is true and correct. Date: Courtney B. McFate, Esq. > TYPEOR PRINT HAME OF [XC] ATTORNEY [—] Parry waln DECLARATION (SIGNATURE) ‘CIV-110 fRev. January 1. 2013} REQUEST FOR DISMISSAL Page 202WN oO we TOM PROOF OF SERVICE Iam employed in the County of Contra Costa, State of California. I am over the age of 18 and not a party to the within action. My business address is at Van De Poel, Levy & Allen, LLP, 1600 South Main Plaza, Suite 325, Walnut Creek, CA 94596. On December 17, 2014, I served the foregoing document(s) described as: REQUEST FOR DISMISSAL on all other parties and/or their attorney(s) of record to this action as follows: et SEE ATTACHED ELECTRONIC SERVICE LIST *** [*] By FILE & SERVE XPRESS ELECTRONIC SERVICE. Complying with Code of Civil Procedure section 1010.6, I caused such documents (s) to be electronically served through the Lexis-Nexis File & Serve Xpress system for the above-entitled case to the patties on the Service List maintained on Lexis-Nexis File & Serve Xpress’s website for this case. Upon completion of said transmission of said document(s), a certified receipt is issued to filing party acknowledging receipt by Lexis-Nexis File & Serve Xpress’s system. The file transmission was reported as complete and copy of the Lexis-Nexis File & Serve Xpress Receipt will be maintained with original documents in our office. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. Executed on December 17, 2014, at Walnut Creek, Contra Costa County, California. EP Sp {01051125.DOC;1} 1 Proof of ServiceCm rnd AH FY YN mown NNR eEeKY See eT Spr s RBReRRBR FSF Gwe AA FY NT SO 26 SERVICE LIST Case: 88 Townsend Street Owners Association vs. 699 Second Development, LLC, et al. Court: San Francisco County Superior Court Action No.: CGC-13-531203, Representing: | Sternberg Benjamin Architects, a California corporation Thomas E. Miller, Esq. Rachel M. Miller, Esq. David F. Mangini, Esq. Matthew T. Miller, Esq. THE MILLER LAW FIRM 235 Montgomery Street, Suite 930 San Francisco, CA 9 4104 Telephone: 415) 437-1800 Facsimile: 415) 437-0177 Email: tmiller@constructiondefects.com Attorneys for PLAINTIFF Steven M. Cvitanovic, Esq. HAIGHT BROWN & BONESTEEL LLP Three Embarcadero Center, Suite 200 San Francisco, CA 94111 Telephone: (415) 546-7500 Facsimile: (415) 546-7505 Email: itanovi bi: Attorneys for 699 SECOND DEVELOPMENT, LLC; CANNON CONSTRUCTORS, INC. ames J. Ficenec, Esq. “ARCHER NORRIS 2033 North Main Street, Suite 800 Walnut Creek, CA 94596-3759 Telephone: — (925) 930-6600 Facsimile: (925) 930-6620 Email: jf jficenec@archernorris.com Attorneys for MARVIN WINDOWS, INC. Steven E. McDonald, Esq. James L. Shea, Esq. Colin W. Larson, Esq. BLEDSOE, CATHCART, DIESTEL, PEDERSEN, & TREPPA, LLP 601 California Street, 16" Floor San Francisco, CA 94108 Telephone: (415) 981-5411 Facsimile: (415) 981-0352 Email: smcdonald@bledsoelaw.com jsh soelaw.. Slarson@bledsoslay. com for BLOMBERG BUILDING Attom: MATERIALS, INC. dba BLOMBERG WINDOW SYSTEMS Gregory G. Dahl, Esq. LAW OFFICES OF TIMOTHY R. WAGNER 1655 Grant Street, Suite 800-B Concord, CA 94520 Telephone: (925) 681-3600 Facsimile: (866) 386-1186 ime unsel foe BLOMBERG BULL Co-Counsel for BLOMBERG BUILDING MATERIALS, INC. dba BLOMBERG WINDOW SYSTEMS David Hennin; , Esq. DH MEDIATION 227 North First Street, Suite 100 San Jose, CA 95113 Telephone: (408) 849-4146 Toll Free: (888) 464-4717 Facsimile: (408) 912-2499 Email: Vv. iati SPECIAL MASTE O Check only if sent Esquire Deposition Solutions 44 Montgomery Street, Suite 1100 San Francisco, CA 94104 Telephone: (41 5) 591-3333 Facsimile: (415) 591-3335 DOCUMENT DEPOSITORY O Check only if sent {01051125.DOC;1} Proof of Service