Order: BRUCE JAMES BERGER et al VS. AMEC CONSTRUCTION MANAGEMENT, INC et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Dec-09-2014 3:22 pm

Case Number: CPF-12-511817
Filing Date: Dec-09-2014 3:18
Filed by: KAREN LIU
Juke Box: 001 Image: 04716481
ORDER

BRUCE JAMES BERGER et al VS. AMEC CONSTRUCTION MANAGEMENT, INC
et al

001004716481

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

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10

ALAN C. DAVIS,SBN 38762

Beh Se, Sut 0 Sieg D
atte! eet, Suite . Pray

San Francisco, CA 94111 LEC venir

(415) 274-8700
(41 3} ci

a LE;
274-8770 (facsimile) _ SRK,
aland3370@aol.com * 2 Th Coury
Attorneys for Plaintiffs/Petitioners Oa

SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO

Case No.: CPF-12-511817

PEBRSSED ] ORDER
OVERRULING DEFENDANT AND

RESPONDENT CALIFORNIA
DEPARTMENT OF
TRANSPORTATION DEMURRER
TO FIRST AMENDED PETITION
FOR WRIT OF MANDATE TO

BRUCE JAMES BERGER, KEVIN D. }
!

AMEC CONSTRUCTION MANAGEMENT, } COMPEL PAYMENT OF
)

CHURCHILL, CHARLES C. FRANCO,
EDWARD LEACH, WILLIAM WEST III, and
MARK WRIGHT, and CHARLES A. PATRICK,

Plaintiffs/Petitioners

Vv.

INC., AMEC ENVIRONMENTAL & PREVAILING WAGES,
INFRASTRUCTURE, INC., and CALIFORNIA COMPLAINT FOR DECLARATORY
DEPARTMENT OF TRANSPORTATION, JUDGMENT, FOR PAST DUE
PREVAILING WAGES AND FOR
Defendants/Respondents AN ACCOUNTING

Date: November 19, 2014
Time: 9:30 a.m.

Dept.: 302

Honorable Maria Miller

The Demurrer of Defendant and Respondent California Department of Transportation
having come before this court, the evidence, argument and supporting papers have been
duly presented, attorney Alice Ramsey appearing in behalf of Defendant and Respondent
California Department of Transportation and attorney Alan C. Davis appearing in behalf of
Plaintiffs and Petitioners and the Court having been fully advised,

i
Respondent California Department of Transportation has not met its burden of

-1-i

PLAINTIFFS AND PETITIONERS’ [PREPOSED} ORDER OVERRULING DEFENDANT AND
RESPONDENT CALIFORNIA DEPARTMENT OF TRANSPORTATION'S DEMURRER TO FIRST
AMENDED PETITION AND COMPLAINTAttorneys at Law

22 Battery Street, Suite 800

San Francisco, CA 94111-5524

(415) 274-8700 / (800) 643-1900 Duane W. Reno

(415) 274-8770 (Fax) December 2, 2014 (1942 - 2014)

VIA HAND DELIVERY

The Honorable Marla Miller, Judge
Superior Court City and County of
San Francisco

400 McAllister, Dept., 302

San Francisco, CA 94102

Re: Berger et al., v. Amec Construction Mangement, Inc., et al.
San Francisco Superior Court No. CPF-12-511-817
Dear Judge Miller:

Pursuant to the hearing on the above-referenced matter on November 19, 2014,
and your subsequent ruling, we are submitting the enclosed Proposed Order.

We respectfully request that you review the Order, and if it meets with your
approval, sign it and direct your clerk to file the Order and return a file-endorsed copy in
the enclosed, stamped, self-addressed envelope.

Pursuant to California Rules of Court 3.1312 (a) opposing counsel Alice Ramsey,
Esq., has reviewed and approved our Proposed Order.

Very tr

4L4
Alan C. Davis

cc: Alice Ramsey, Esq.
Robert Roginson, Esq.
Robert Jones, Esq.
Caroyln Hall, Esq.

EXHIBIT_"4