Party Notice: 88 TOWNSEND STREET OWNERS ASOCIATION, VS. 699 SECOND DEVELOPMENT LLC, et al

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                                ONAUAN MEMO

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Aug-07-2014 3:52 pm

Case Number: CGC-13-531203
Filing Date: Aug-07-2014 3:51
Filed by. ANNA TORRES

Juke Box: 001 Image: 04579024
NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED

88 TOWNSEND STREBT OWNERS ASOCIATION, VS. 699 SECOND
DEVELOPMENT LLC, et al

001004579024

Instructions:
Please place this sheet on top of the document to be scanned.i mate

oO e

Steven M. Cvitanovic (Bar No. 168031) & I
Jessica M. Lassere R: Jand (Bar No. 286724) Fp
HAIGHT BROWN BONESTEEL LLP E60,
Three Embarcadero Center, Suite 200

San Francisco, California 94111

Telephone: (415) 546-7500
Facsimile: (415) 546-7505

Attorneys for Defendants 699 SECOND
DEVELOPMENT, LLC; CANNON
CONSTRUCTORS, INC.

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

88 TOWNSEND STREET OWNERS

) Case No. CGC-13-531203
ASSOCIATION, a California non-profit

NOTICE OF ENTRY OF ORDER

Complaint Filed: May 6, 2013
Trial Date: September 1 5, 2014

mutual benefit corporation,
Plaintiff,
vs.

699 SECOND DEVELOPMENT, LLC, a }
California Limited liabilit company
CANNON CONSTRUC ORS, INC.,a )
California Co: oration; Sternber;
Benjamin Arc itects, Inc., a Cali ormnia
corporation; MARVIN WINDOWS AND
DOORS, a Minnesota co oration; }
BLOMBERG BUILDIN MATERIALS
dba BLOMBERG WINDOW SYSTEMS,
a California corporation, and DOES 1-100,
102-125, and | 9-150, inclusive,
)
)
)

Defendants.

AND RELATED CROSS-ACTIONS }

TQ THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on August 7, 2014, the Honorable Marla J. Miller
entered an Order Sustaining Defendants’ General Demurrer to Plaintiff's eighth Cause of

Action to Its Second Amended Complaint.

'$1D29-0000001

1
W4V19214 NOTICE OF ENTRY OF ORDER°

Dated: August 7, 2014

Attached as Exhibit A hereto is a filed-endorsed copy of the executed Order.

HAIGHT BROWN & BONESTEEL LLP

By:

Stev; . C¥itanovic
Jessica M. passer Ryland

‘Attorneys for Defendants

699 SECOND DEVEL! ‘LOPMENT, LLC;
CANNON CONSTRUCTORS, INC.

'$D29-0000001 a oFORDER—C~*
y1411921.1 NOTICE OF ENTRY OF ORDER

TTEXHIBIT ASan Francisco, California 94111 ENDORSED

Telephone: 415.546.7500 catccd chin subeior cour
Facsimile: 415.546.7505
AUG 0 7 2014
Attorneys for Defendants
669 SECOND DEVELOPMENT, LLC & uci OF THE COURT
CANNON CONSTRUCTORS, INC. _, MA. BENIGNA 0. GOODMAN.
Deputy Clerk

88 TOWNSEND STREET OWNERS ) Case No. CGC-13-531203
ASSOCIATION, @ California non-profit )
mutual benefit corporation, ) Ree STORIE SUSTAINING
) GENERAL D MURRER TO
Plaintiff, ) PLAINTIFF'S EIGHTH CAUSE OF
) ACTION TO {TS SECOND AMENDED
vs. } COMPLAINT
699 SECOND DEVELOPMENT, LLC, A ) Hearing Type: Reservation No. 061714-
California limited liability company, ) 04.
CANNON CONSTRUCTORS, INC.,a ) Date: Au ust 7, 2014
California Corporation, Sternberg Benjamin) Time: 9:30 a.m.
Architects, Inc., a California corporation, ) Dept.: 302
Marvin Windows and Doors, Minnesota)

)
)
corporation, and DOES 1-100, 102-125, and)
129-150, inclusive, )

)

© °

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

Defendants.

Plaintiff's Eighth Cause of Action to its Second Amended Complaint (“Demurrer”) filed by
defendants 699 Second Development, LLC and Cannon Constructors, Inc. (collectively

“Defendants”), and with good cause shown, this Court hereby grants the Demurrer as follows:

cause of action for negligent misrepresentation is sustained with ten days leave to amend to permit

Plaintiff an opportunity to allege with the requisite specificity facts that show how, when, where,

‘$D29-000000'
11411725.

After considering all the papers submitted in connection with the General Demurrer to

NOW, THEREFORE, IT JS ORDERED that Defendants’ Demurrer to Plaintiff's eighth

dN

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Case No. CGC-13-53 1203
{PROPOSED] ORDER SUSTAINING DEMURRER TO

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reasons

to whom, and by what means the representations were made. (Lazar v. Sup. Ct. (1996) 12 Cal.4th
631, 645.) Additionally, Plaintiff must allege specific facts establishing that Defendants’ had no

DATED: _,ug-07 ong!4

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31411725.

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able ground for believing the representation to be true.

MARLA J. MILLER

Judge of the Superior Court
MARLA J. MILLER

2
1 Case No. CGC-13-531203
1 [PROPOSED] ORDER SUSTAINING DEMURRER TO

TT© ®

PROOF OF SERVICE

1 am employed in the County of San Francisco, State of California. Iam over the age of 18
and not a party to the within action. My business address is Three Embarcadero Center, Suite 200,
San Francisco, California 94111.

On August 7, 2014, I served the within document(s) described as:

NOTICE OF ENTRY OF ORDER

on the interested parties in this action as shown on the attached Service List.

(FILE & SERVEXPRESS) | submitted such document to be Electronically Served through

Xl) the File & ServeXpress for the above-entitled matter. This service complies with Code of

Civil Procedure section 1010. The file transmission was reported as complete and a copy

of the “File & ServeXpress Transaction Receipt” page will be maintained with the origina!

document(s) in our office.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on August 7, 2014, at San Francisco, California.

He,

Ollye L. Robinson

1
‘8029-00000!

TSH19211 PROOF OF SERVICE