On May 06, 2013 a
Order
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
AM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-07-2014 1:04 pm
Case Number: CGC-13-531203
Filing Date: Aug-07-2014 1:03
Filed by: MARIA BENIGNA GOODMAN
Juke Box: 001 Image: 04578468
ORDER
88 TOWNSEND STREET OWNERS ASOCIATION, VS. 699 SECOND
DEVELOPMENT LLC, et al
001004578468
Instructions:
Please place this sheet on top of the document to be scanned.Ceo HT DH YH Rh WY HN
fee
oN DAW FF YW NY = SO
19
Steve M. Cvitanovic (Bar No. 168031)
Jessica M. L. Ryland (Bar No. 286724)
HAIGHT BROWN & BONESTEEL LLP F
Three Embarcadero Center, Suite 200
San Francisco, California 94111 San Franciseo County Superior Court
‘Telephone: 415.546.7500
Facsimile: 415.546.7505 AUG 0 7 2014
Attorneys for Defendants CLER F THE COURT
669.SECOND DEVELOPMENT, LLC & BY: ee iy Ole
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 i
ASSOCIATION, a California non-profit
mutual benefit corporation, [PROVOSED] ORDER SUSTAINING
ENERAL DEMURRER TO
Plaintiff, PLAINTIFF’S EIGHTH CAUSE OF
ACTION TO ITS SECOND AMENDED
COMPLAINT
Hearing Type: Reservation No. 061714-
Date: August 7, 2014
Time: 9:30 a.m.
Dept.: 302
VS.
699 SECOND DEVELOPMENT, LLC, A
California limited liability company;
CANNON CONSTRUCTORS, INC., a
California Corporation; Sternberg Benjamin
Architects, Inc., a California corporation;
Marvin Windows and Doors, a Minnesota
corporation; Blomberg Building Materials dba
Blomberg Window Systems, a California
corporation, and DOES 1-100, 102-125, and
129=150, inclusive,
Defendants.
eee
After considering all the papers submitted in connection with the General Demurrer to
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:
NOW, THEREFORE, IT IS ORDERED that Defendants' Demurrer to Plaintiff's eighth
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,
1
sos enoon “Case No. CGC-13-531203
irate 2_[PROPOSED] ORDER SUSTAINING DEMURRER TOto 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
reasonable ground for believing the representation to be true.
DATED: Oguat F 201 Wits [ws
Judge of the Superior Court
MARLA J, MILLER
2
Case No. CGC-13-531203
ares. [PROPOSEBLORDER SUSTAINING DEMURRER TO
Document Filed Date
August 07, 2014
Case Filing Date
May 06, 2013
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AM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-07-2014 1:04 pm Case Number: CGC-13-531203 Filing Date: Aug-07-2014 1:03 Filed by: MARIA BENIGNA GOODMAN Juke Box: 001 Image: 04578468 ORDER 88 TOWNSEND STREET OWNERS ASOCIATION, VS. 699 SECOND DEVELOPMENT LLC, et al 001004578468 Instructions: Please place this sheet on top of the document to be scanned.Ceo HT DH YH Rh WY HN fee oN DAW FF YW NY = SO 19 Steve M. Cvitanovic (Bar No. 168031) Jessica M. L. Ryland (Bar No. 286724) HAIGHT BROWN & BONESTEEL LLP F Three Embarcadero Center, Suite 200 San Francisco, California 94111 San Franciseo County Superior Court ‘Telephone: 415.546.7500 Facsimile: 415.546.7505 AUG 0 7 2014 Attorneys for Defendants CLER F THE COURT 669.SECOND DEVELOPMENT, LLC & BY: ee iy Ole 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 i ASSOCIATION, a California non-profit mutual benefit corporation, [PROVOSED] ORDER SUSTAINING ENERAL DEMURRER TO Plaintiff, PLAINTIFF’S EIGHTH CAUSE OF ACTION TO ITS SECOND AMENDED COMPLAINT Hearing Type: Reservation No. 061714- Date: August 7, 2014 Time: 9:30 a.m. Dept.: 302 VS. 699 SECOND DEVELOPMENT, LLC, A California limited liability company; CANNON CONSTRUCTORS, INC., a California Corporation; Sternberg Benjamin Architects, Inc., a California corporation; Marvin Windows and Doors, a Minnesota corporation; Blomberg Building Materials dba Blomberg Window Systems, a California corporation, and DOES 1-100, 102-125, and 129=150, inclusive, Defendants. eee After considering all the papers submitted in connection with the General Demurrer to 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: NOW, THEREFORE, IT IS ORDERED that Defendants' Demurrer to Plaintiff's eighth 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, 1 sos enoon “Case No. CGC-13-531203 irate 2_[PROPOSED] ORDER SUSTAINING DEMURRER TOto 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 reasonable ground for believing the representation to be true. DATED: Oguat F 201 Wits [ws Judge of the Superior Court MARLA J, MILLER 2 Case No. CGC-13-531203 ares. [PROPOSEBLORDER SUSTAINING DEMURRER TO