Request,Application: PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al

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OUI A

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Aug-17-2012 2:13 pm

Case Number: CGC-10-498405

Filed by: MARYANN E. MORAN
Juke Box: 001 Image: 03729613
REQUEST FOR JUDICIAL NOTICE

Filing Date: Aug-17-2012 2:10
PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et a!

001003729613

Instructions:
Please place this sheet on top of the document to be scanned.Ropers Majeski Kohn & Bentley
A Professional Corporation

Redwood City

JOHN G. DOOLING (SBN 154358)
DEVIN C. COURTEAU (SBN 197505)

ROPERS, MAJESKI, KOHN & BENTLEY T ~ I D
201 Spear Street, Suite 1000 SupRiigg pnt of" in
San Francisco, CA 94105-1667 Ounwhf'San Francisco
Telephone: (415) 543-4800 AUG 17 2012

Facsimile: (415) 972-6301

Email: jdooling@rmkb.com
dcourteau@rmkb.com ween OF THE COURT
Deputy Clerk

Attorneys for Defendant and Cross-Complainant
CONSTRUCTION TESTING SERVICES, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

PERFORMING ARTS, LLC, CASE NO. CGC-10-498405

Plaintiff, REQUEST FOR JUDICIAL NOTICE AND
DECLARATION OF DEVIN C.

v. COURTEAU IN SUPPORT OF
CONSTRUCTION TESTING SERVICES,
INC.’S OBJECTIONS TO PERFORMING
KILLARNEY CONSTRUCTION CO., ARTS’ EVIDENCE OFFERED IN

INC., et al., OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT ON

Defendants. PLAINTIFF’S COMPLAINT

Date : August 24, 2012
Time : 9:30 a.m.
Dept. : 302

Honorable Harold E. Kahn

AND RELATED CROSS-ACTIONS. Trial Date : February 4, 2013

Defendant and cross-complainant Construction Testing Services, Inc. (“CTS”)
respectfully requests Judicial Notice be taken, pursuant to Evidence Code section 452(c), (d) and
(h), and Evidence Code section 453, of the following documents:

1. Drawing T-1 relating to 973 Market Street, San Francisco, California (the
“Property”), a copy of which is attached hereto as Exhibit A, which has an “Approved” stamp

from the Department of Building Inspection dated October 19, 2005 and which was produced by
RC1/6587494.1/DCC -1-

RJN AND COURTEAU DECLARATION IN SUPPORT OF CTS’ OBJECTIONS TO PERFORMING ARTS’ EVIDENCE
OFFERED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S COMPLAINTRopers Majeski Kohn & Bentley
A Professional Corporation

Redwood City

Coe ND

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the San Francisco Department of Building Inspection in response to a subpoena for documents
relating to the Property.

2. Drawing T-1 relating the Property, a copy of which is attached hereto as Exhibit
B, which has an “Approved” stamp from the Department of Building Inspection dated July 22,
2008, and which was produced by the San Francisco Department of Building Inspection in
response to a subpoena for documents relating to the Property.

3. Sheet S1 relating the Property, a copy of which is attached hereto as Exhibit C,
which has an “Approved” stamp from the Department of Building Inspection dated April 05,
2007 and which was produced by the San Francisco Department of Building Inspection in
response to a subpoena for documents relating to the Property.

4. Sheet S1 relating the Property, a copy of which is attached hereto as Exhibit D,
which has an “Approved” stamp from the Department of Building Inspection dated July 22, 2008,
and which was produced by the San Francisco Department of Building Inspection in response to a

subpoena for documents relating to the Property.

Dated: August 17, 2012 ROPERS, MAJESKI, KOHN & BENTLEY

By: LP.
DEVIN T. COURTEAU
Attorneys for Defendant and Cross-
Complainant CONSTRUCTION
TESTING SERVICES, INC.

RC1/6587494.1/DCC -2-

RJN AND COURTEAU DECLARATION IN SUPPORT OF CTS’ OBJECTIONS TO PERFORMING ARTS’ EVIDENCE
OFFERED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S COMPLAINTRopers Majeski Kohn & Bentley
A Professional Corporation

Redwood City

oD oe ND

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DECLARATION OF DEVIN C. COURTEAU
I, Devin C. Courteau, declare as follows:

1. I am an attorney licensed to practice by the State of California, and am with the
law firm Ropers, Majeski, Kohn & Bentley, attorneys of record for defendant and cross-
complainant Construction Testing Services, Inc. (“CTS”) in the above-referenced matter. I have
personal knowledge of the matters stated in this declaration, except as to those matters stated on
information and belief, and as to those matters I believe them to be true, and could so testify as a
witness.

2. Attached hereto as Exhibit A is a true and correct copy of Drawing T-1 relating to
the Property, which has an “Approved” stamp from the Department of Building Inspection dated
October 19, 2005. This document was produced by the San Francisco Department of Building
Inspection in response to a subpoena for documents relating to the Property.

3. Attached hereto as Exhibit B is a true and correct copy of Drawing T-1 relating to
the Property, which has an “Approved” stamp from the Department of Building Inspection dated
July 22, 2008. This document was produced by the San Francisco Department of Building
Inspection in response to a subpoena for documents relating to the Property.

4. Attached hereto as Exhibit C is a true and correct copy of Sheet $1 relating to the
Property, which has an “Approved” stamp from the Department of Building Inspection dated
April 05, 2007. This document was produced by the San Francisco Department of Building
Inspection in response to a subpoena for documents relating to the Property.

5. Attached hereto as Exhibit D is a true and correct copy of Sheet S1 relating to the
Property, which has an “Approved” stamp from the Department of Building Inspection dated July
22, 2008. This document was produced by the San Francisco Department of Building Inspection
in response to a subpoena for documents relating to the Property.

6. I was the attorney for CTS in charge of producing documents in response to the
discovery requests of other parties in this action. Attached hereto as Exhibit E is a true and
correct copy of CTS Summary Report #1, dated June 11, 2007, and produced in this action by

CTS as CTS0078 — CTS0079.
RC1/6587494.1/DCC -3-

RJN AND COURTEAU DECLARATION IN SUPPORT OF CTS’ OBJECTIONS TO PERFORMING ARTS’ EVIDENCE
OFFERED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S COMPLAINTRopers Majeski Kohn & Bentley
A Professional Corporation

Redwood City

om ND YW

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e @

7. Attached hereto as Exhibit F is a true and correct copy of CTS Summary Report
#21, dated November 12, 2007, and produced in this action by CTS as CTS0088 — CTS0089.

8. Attached hereto as Exhibit G are true and correct copies of four CTS Laboratory
Compression Test Data sheets, dated July 19, 2007, August 6, 2007, October 1, 2007, and
November 5, 2007 respectively, and produced in this action by CTS as CTS0062, CTS0048,
CTS0124 and CTS0098.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 17" day of August, 2012 at San Francisco,

California.

3.0 oe

Devin C. Courteau

RCI/6587494,1/DCC -4-

RJN AND COURTEAU DECLARATION IN SUPPORT OF CTS’ OBJECTIONS TO PERFORMING ARTS’ EVIDENCE
OFFERED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S COMPLAINTEX. #*vy 973 MARKET STREET INTERIOR AloN- SWI
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ina €0-61-30YCONSTRUCTION  Rerperow
‘aaa TESTING SERVICES + ENGINEERING
Summary Report #1
June 11, 2007
Job No: 15048
Job Name: 973 Market St

San Francisco, CA
Application #: 2005-09-08-2313

Mike Murray
358 12% Street
San Francisco, CA 94103

June 2, 2007

Erin M. reported to the Contractor with Cullings at the jobsite. Erin observed placing of concrete for basement level
footings, mix number 6012 at 28 day strength with a psi of 4000, specified slump 3-5 inches, 90 total cubic yards
placed. Prepared cylinder test specimens from middle of load.

Observed the placement of concrete for , mix no. , psi 28-day strength, specified slump of inches, total cubic yards
placed. Monitored loads for mix no., slump, temperature, and time limit. Prepared cylinder test specimens sampled
from .

Set 1
Slump (in.) 4
Mix temp. 70
CE)
Air temp. 65
CE)
Track No. 145
Location N Fig.

4 per set, 1 sets, 4 total

Work observed was to the best of Erin’s knowledge in conformance with approved plans, specifications and
applicable standards of workmanship.

Laboratory tests results are enclosed if testing was done during the period covered by this report.
Limitations: This inspection was performed in accordance with requirements, but please note this report shall not be

relied upon by others, as acceptance or guarantee of the work. Even with diligent inspection techniques, the
contractor is solely liable for defects or failures to adhere to the code.

1233 East Beamer Street, Unit B, Woodland, CA 95776 . Phone (530) 666-4774. . Fax (530) 666-4749
2174 Rheem Drive, Suite A, Pleasanton, CA 94588 . Phone (925) 462-5151 . Fax (925) 462-5183
One Embarcadero Center, Suite 535, San Francisco, CA 9411] « Phone (415) 438-2357 ° Fax (415) 334-4747
246 30° St, Suite 101, Oakland, CA 94601 . Phone (510) 444-4747 . Fax (510) 835-1825

CTS0078CONSTRUCTION © INSPECTION
TESTING SERVICES + ENGINEERING
=—=— ;
Jarek Sr infor
Reviewed by Bruce Tie Date 7 *
Staff Engineer
Technical Contact: Patrick Greenan, P.E.
Administrative Contact Brenda Harris (bharris@cts-I.com)
cc: Building Dept- City of San Francisco
Contractor (e-mail)
1233 East Beamer Street, Unit B, Woodland, CA 95776 . Phone (530) 666-4774 . Fax (530) 666-4749
2174 Rheem Drive, Suite A, Pleasanton, CA 94588 . Phone (925) 462-5151 . Fax (925) 462-5183
One Embarcadero Center, Suite 535, San Francisco, CA 94111. « Phone (415) 438-2357 . Fax (415) 334-4747
246 30° St, Suite 101, Oakland, CA 94601 . Phone (510) 444-4747 . Fax (510) 835-1825

CTS0079CONSTRUCTION
TESTING SERVICES

Job No:

Job Name:

Mike Murray

November 12,

: Application #:

358 12” Street
San Francisco,

2007
J5048

973 Market St
San Francisco, CA

2005-09-08-2313

CA 94103

November 5, 2007

nozzle.
Set 1
Stump 2%
Gn.)
Mix temp. 72
CF)
‘Air temp. 67
CF)
Truck No. 159
Location | 7* floor

1 per set, 1 set, 1 total

Summary Report #21

Rick Mann reported to Mike with Mid Market at the jobsite. Observed placement of rebar and shotcrete (mix no.
7586M , 28-day strength of 4000 psi, specified sump of 2-3 inches, 16 total cubic yards placed) for 7* floor beams.
Monitored loads for mix no., slump, temperature and time limit. Prepared cylinder test specimens sampled from

Work observed was, to the best of Rick’s knowledge, in conformance with approved plans, specifications and

applicable standards or workmanship.

4770 Duckhor Drive, Sacramento, CA 95834
2174 Rheem Drive, Suite A, Pleasanton, CA 94588

One Embarcadero Center, Suite 535, San Francisco, CA 94411
246 30® St, Suite 101, Oakland, CA 94601

aeee

Phone (916) 419-4747
Phone (925) 462-5151
Phone (415) 438-2357
Phone (510) 444-4747

Fax (916) 419-4774
Fax (925) 462-5183
Fax (415) 334-4747

CT See) #351225CONSTRUCTION to perecron
TESTING SERVICES * ENGINEERING

Laboratory test results are enclosed if testing was done during the period covered by this report.

Limitations: This inspection was performed in accordance with requirements, but please note this report shall not be
relied upon by others, as acceptance or guarantee of the work. Even with diligent inspection techniques, the
contractor is solely liable for defects or failures to adhere to the code.

are fo UL14
Reviewed by Dave Buscheck, P.B. Date
Senior Engineer

Technical Contact: Patrick Greenan, PE.
Administrative Contact: Brenda Harris (bharris@cts-I.com)

cc: Building Dept- City of San Francisco
Contractor (e-mail)

4770 Duckhom Drive, Sacramento, CA 95834 e Phone (916) 419-4747 . Fax (916) 419-4774

_ 2174 Rheem Drive, Suite A, Pleasanton, CA 94588 . Phone (925) 462-5151 ° Fax (925) 462-5183

One Embarcadero Center, Suite 535, San Francisco, CA 94111 = Phone (415) 438-2357 . Fax (415) 334-4747
. Phone (510) 444-4747 .

CTS 8680 835-1825

246 30 St, Suite 101, Oakland, CA 94601Construction Testing Services, Inc.

Laboratory Compression Test Data

. . Job Name: 973 Market St, SF
information provided by Contractor Ponnit
Job #: Wiix #: |Supplier: Contractor:
35048 6012 Bode Cullinane.
Date: Coring Technician: Truck #: Design Strength (psi):
6/2/2007 EM 145 4000

Sample Material/Shape Concrete Cylinder

Type of Structure Footing

Location in Structure
for overall pour

Footings Basement Level

‘Location in Structure

when sampled North Footing

Concrete Quality

Mix Temperature (°F): 701 Slump(in): 4 Unit Weight (pet): NIA

Air Temperature (°F): 65 Air content (%): N/A Time Sampled: 8:44AM

Aggregate size (in): i Time Batched: 7:34 AM__Time in Truck: 4:10 brs: min

Date Received: 06/13/07 Technician that received

information to be supplied by Laboratory Technician

sample: tT

Jaret Ger

Test#| Age of Date Technician |-Dimensions (inch) |X-Section} —_Uitimate’” | Compressive | type of
36591{ Test(Dys) | Dia/Width} Length |Area(in*2)|__Load{Ib.) Strength(psi) | Fracture
1A. 14 06/13/07, PL 6.00. 12,00 28.27 © 87,830 3,110 5
B 28 06/30/07 Js 6.00 12.00 28.27 470,320 6,020 6
iC 28 6/30/07 JS. 6.00 12.00 28.27 165,485 5,850, 4
D H 6.00 12.00 28.27

28 Day Ava.

2tfor

Reviewed by Bruce Tie, Staff Engineer

Date

{Reviewed by Bruce Tie, StaffEngineer Daf
ASTM Standards Used: C31, C39, C42, C78, C109, C174, C511, C617, C1019, C1077, C1231, £4 &k

Fracture Key:  [_1_Wel-fonned cones on both ends

[4 Diagorial fracture with ho cracking through €

Wellfonned cone on one end

5 Side fractures af fop or bottom

‘3 Columnar vertical cracking through bot ends:

5 Simtar to Type 5 but end of cyinder s pointe

2174 Rheem Drive, Suite A Pleasanton, CA 94588

Phone (925) 462-5151

CTS0062Construction Testing Services, Inc.

Laboratory Compression Test Data

- Job N: 2 973 Market St, SF
information provided by Contractor ob Name fe
Permit #
Job #: Mix #: Suppfier: Contractor:
55048 60812 Bode Cullinane
Date: Coring Technician: Truck #: Design Strength (psi):
7512007 Contractor 168 4000
Sample Material/Shape Concrete Cylinder
Type of Structure NIA
Location in Structure NIA
for overall pour
‘Location in Structure MA
lwhen sampled
Concrete Quality
Mix Temperature (°F): NA Slump(in): 4 Unit Weight (pc): NA
Air Temperature (°F): NA Air content (%): N/A___Time Sampled: 41:30AM
Aggregate size (in): 12 Time Batched: 8:00 AM_ Time in Truck: 3:30 hrs : min

information fo be supplied by Laboratory Technician

Date Received: 07/11/07 Technician that received sample: LT
Test#} Age of Date Technician Dimensions (inch) |} X-Section Ulfimate Compressive .} Type of
36986] Test{Dys) Dia/Width| Length |Area(in*2)| Load(tb,) | Strength(psi) | Frc
A 7 07/12/07 JS 6.00 12.00 28.27 69,870 2,470 5
B 28 08/02/07 JS 6.00 12.00 28.27 ~ 418,185 4,180 §
Cc. 28 08/02/07, JS 6,00 12.00 28.27 123,460 4,370 4
D H 6.00 12.00 28.27
28 Day Avg.

Jaret L.—- BLEf32
Reviewed by Broce Tie, Staff Engineer Date *
ASTM Standards Used: C31, C39, C42, C78, C109, C174, C5114, C617, C1019, C1077, C1231, £4 & E447.

Fracture Key. [1 WelHormed cones on both ends” 14 Diagonal rachure wih no cracking through ends

Wellommed cone on one end [5 Side fractures al top of botiom
3 Cohumnar vertical cracking through both ends [5 Simfar to Type 5 but end of cylinder is pomied

2174 Rheem Drive, Suite A Pleasanton, CA 94588 Phone (925) 462-5151 ° Pax (925) 462-5183

CTS0048Construction Testing Services, Inc.

Laboratory Compression Test Data

ee Job Name: 973 Market St, SF
Information provided by Contractor t#&
Job #: Mix # ‘Supplier: Contractor.

J5048 7586M Bode Cullinane Construction

Date: Coring Technician: Truck #: Design Strength (psi):

6/21/2007 Ds 146 4000
Sample Materia/Shape ‘Shotcrete Panel
Type of Structure Wall
Location in Structure A-D/1-6, roof level
for overall pour
Location in Structure A35, roof level
when sampled
Concrete Quality
Mix Temperature CF): 80 Stump(in): 2 Unit Weight (pef): NIA
lAir Temperature (°F): 8 Ait content (%): N/A __Time Sampled: 3:00 PM
|Aggragate size (in): 412 Time Batched: 4:58 PM_ Time in Truck: 4:02 hrs: min

Information fo be supplied by Laboratory Technician

Date Received: 08/06/07 _ Technician that received sample: LT
Test #| Age of Date Technician |Dimenstons (inch) |X-Section} Ultimate | Compressive | Type of
37438 | Test{Dys) Diawwidth| Length [Area(in‘2}| Load(b) | Strength(psi) | Frectre
A 4s OBO6/OT BG 3.00 6,00 7.07 44,390 8,280 4
B 468 08/08/07, BG 3.00 6.00 7.07 44,955 6,360 5
Ic 6 OBE/O7 BG 3.00 6.00 7.07 44970 6,360 3
D. H 3.00 6.00 7.07
28 Day Avg.[ 3380]
DOW (0-1-0?
Reviewed by Dave Buscheok, P.E., Senior Engineer Date
ASTM Standards Used: C31, C39, C42, C78, C109, C174, C511, C617, C1019, C1077,.C1231, E4 & £447.
Frachure Key: [1 Welformed cones on bath ends 4 Diagonal Fracture with no cracking trough ends
Welomed cone on one end 5 Side frachires at top of botiom |
Columner vertical cracking Swough both ends: S Similar to Type 5 but end of cyiinder 1s pointed:
2174 Rheem Drive, Suite A Pleasanton, CA 94588 Phone (925) 462-5151 Fax (925) 462-5183

CTS0124.

Construction Testing Services, Inc.

Laboratory Compression Test Data

J 2 973 ‘ket S1
Information provided by Contractor lob Name: TS Market St, SF
Permit #
Job # Mix i (Supplier: Contractor:
$5048 7586 BODE CULLINANE CONSTRUCTION
Date: Coring Technician: Truck # Design Strength (psi):
9/8/2007 RCM 175 4000
Sample Material/Shape ‘SHOTCRETE PANEL
Type of Structure WALL
Location in Structure WALLS ON LINES 2-4, 4TH-6TH FLOORS
for overall pour
Location in Structure 3, 4TH FLOOR
when sampled
Concrete Quality
Mix Temperature CF): 72 Slump(in): 24112 ___Unit Weight (pef): NA
|Air Temperature (°F): 6s Air content (%): N/A___ Time Sempled: 8:45 AM
|Aggregate size (in): 1/2 Time Batched: 7:39 AM__Time in Truck 1:06 brs : min)

information to be suppfied by Laboratory Technician

Date Received: 09/2507 __ Technician that received sample:__LT
Test#] Age of Date Technict Dimensions (inch) |X-Section| _ Ultimate | Compressive | Type of
38304| Test(Dys) DiafWidth| Length |Area(in*2)| Load(ib.) Strength(psi) | Fracture
lA 2B 10/06/07 MB. 3.00 6.00 7.07 52,350 7410 5
B 28 1ONG/07 MB. 3.00 6.00 7.07 50,545 7,150 5
Ic 2B 4106/07 MB 3,00 6.00 7.07 61,535 8,710 5
ID H 3,00 6.00 7.07
28 Day Avg.
caret fer i Us, Ie OF-
Reviewed by Dave Buscheck, P.E., Senior Engineer
|ASTM Standards Used: C31, C39, C42, C78, C108, C174, C511, caTG C1019, C1077, C1231, £4 & E447.
Fracture Key. "1 WelHiormed cones on Both ends r& Dragonal acture wih no cracking through ends

‘Welliormed cone on one end [5 Side frachres of top orbotiam:

‘Columnar verhical cracking through both ends” [5 Simitar to Type 5 but end of cylinder is pointe
2174 Rheem Drive, Suite A Pleasanton, CA 94588 Phone (925) 462-5151 Fax (925) 462-5183

CTS0098