Answer: Armstrong, A. Ann, et al vs. Pulte Home Corporation

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                                JAMES W. DORAN, SBN 175762
     ISERT-KOTT & ASSOCIATES
     1200 Concord Avenue, Suite 190B
     Concord, CA 94520                                ELECTRONICALLY FILED
     Telephone:  (925) 681-3527                        Superior Court of California,
     Facsimile:  (866) 386-1186                              County of Placer
     james.doran@ aig.com                                        10/16/2020
                                                       By: Olivia Lucatuorto, Deputy Clerk
     Attorneys for Cross-Defendant
     H&D ELECTRIC, INC.




                     SUPERIOR    COURT OF THE STATE       OF CALIFORNIA
                                     COUNTY   OF PLACER

10   REGINA WESTERMAN, AN INDIVIDUAL,               Case No.: S-CV-0038785 consolidated
     HELEN BECK, AN INDIVIDUAL;                     with Case No. S-CV-0040089
11   WILLIAM BECKER, AN INDIVIDUAL;
     ARLENE BECKER, AN INDIVIDUAL;                  CROSS-DEFENDANT H&D
12   JOYCE E. BEEMAN, AN INDIVIDUAL;                ELECTRIC, INC.’S ANSWER TO
     RYAN BELLAMY, AN INDIVIDUAL;                   PULTE HOME CORPORATION’S
13   GABRIELA BELLAMY, AN INDIVIDUAL;               CROSS-COMPLAINT
     CHARLES T. CRABTREE,AN
14   INDIVIDUAL; LOIS CRABTREE, AN
     INDIVIDUAL; CONRAD DODD, AN
15   INDIVIDUAL;    J OANNA DODD
     (J   ASKIEWICZ), AN INDIVIDUAL; DAVID
16   MICHAEL DONLEY, AN INDIVIDUAL;
     MICHELLE RENEE DONLEY, AN
17   INDIVIDUAL; STEVEN MEYLINK, AS
     INDIVIDUALS AND TRUSTEES OF THE
18   L & S MEYLINK 2015 FAMILY TRUST;
     KARL T. OETTLE AND KARLIN K.
19   OETTLE, AS INDIVIDUALS AND
     TRUSTEES OF THE KARLT. &
20   KARLINK K. OETTLE RECOVABLE
     LIVING TRUST; J OSEPH R. ORLANDO,
21   AN INDIVIDUAL; CHERYL ANN
     ORLANDO, AN INDIVIDUAL;
22   SHAYESTEH PASHAEI, AN
     INDIVIDUAL;    J OHN SCHILLIN, AN
23   INDIVIDUAL AND TRUSTEE OF THE
       OHN &RITA SCHILLIN 2010 TRUST;
24   RICHARD L. SNYDER, AN INDIVIDUAL;
     ADRIENNE SNYDER, AN INDIVIDUAL;
25   ANTHONY G. SOWINSKI, AN
     INDIVIDUAL; DALE STAHL, AN
26   INDIVIDUAL; BILLY C. STUFF, AN
     INDIVIDUAL; FAYE R. STUFF, AN
27   INDNVIDUAL; EDWARD F. SULLIVAN,
     AN INVIDUAL,
28
                                               1

                 CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
Plaintiffs,

             Vv.

     PULTE HOME CORPORATION, a
     Michigan Corporation, and DOES 1-500,
     inclusive,

                          Defendants.



     PULTE         HOME     COMPANY,    LLC,
                          Cross-Complainant,

             V.

10   360 LANDSCAPE, INC.; AD LAND
     CORPORATION; AGUILAR FENCE,
11
     INC.; ALCAL-ARCADE CONTRACTORS,
12   INC.; AMERICAN CONCRETE
     ENGINEERING dba AMERICAN
13   LANDSCAPE & CONCRETE
     CONTRACTORS, INC.; AUS DECKING,
14   INC.; ATLAS SPECIALTIES, INC.;
15   BARBOSA CABINETS, INC.; BARRY
     ABSHEAR LANDSCAPE SERVICES;
16   BEAN SECURITY SYSTEMS, INC.;
     BENCHMARK KITCHEN & BATH
17   DESIGN STUDIOS, INC.; BLAZONA
     CONCRETE CONSTRUCTION, INC.;
18   BLUE MOUNTAIN AIR; BUILDER
19   SERVICES GROUP; BUILDERS
     SHOWCASE INTERIORS, INC.; BZ
20   PLUMBING CO., INC.; CAPITAL CITY
     DRYWALL, INC.; COASTAL
21   CONSTRUCTION & LUMBER
     COMPANY; CONABLE TRIM, INC.;
22   CREATIVE DESIGN INTERIORS, INC.;
23   CUSTOM MASONRY BY CURT NIECE,
     INC.; CVC CONSTRUCTION CORP.;
24   D& PLUMBING, INC.; DAVE’S DESIGN
     CENTER, INC.; DEAL MECHANICAL,
25   INC.; EASY LIFT DOOR CO.; EBM
     CONSTRUCTION, INC.; ELEGANT
26
     SURFACES; ENERGETIC LATH AND
27   PLASTER, INC.; ENERGETIC PAINTING
     AND DRYWALL, INC.; FENCEWORKS,
28   INC. dba GOLDEN STATE FENCE
                                                    2

                      CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
COMPANY; FISCHER TILE & MARBLE,
     LP; FOREMOST SUPERIOR MARBLE
     CO., INC.; FORSYTH MARBLE, INC.;
     FORSYTH MARBLE, INC.; FORESYTH
     MARBLE INSTALLATIONS, INC.; G.E.
     APPLIANCES; GATEWAY LIGHTING,
     INC.; GENERAL CONSTRUCTION;
     GOODBY GRADING, INC.; H&D
     ELECTRIC, INC.; H&M ROOFING;
     HEARTH & HOME TECHNOLOGIES,
     INC. dba FORESIDE HEARTH; HLK
     CONSTRUCTION, INC.; HOMESITE
     SERVICES, INC.; HOMEWOOD
     BUILDING SUPPLY, INC.; IKE’S
     LANDSCAPING, INC.; IM
     CONSTRUCTION, INC.; KENYON
10
     PLASTERING, INC.; KIWI STAIR, INC.;
11   MARK SCANGARELLA PAINTING, INC.;
     MARTICUS ELECTRIC, INC.; MARTIN
12   MAGDALENO, INC. dba EL DORADO
     GRADING COMPANY;      THE MASONRY
13   GROUP, INC.; MASTERBRAND
     CABINETS, INC.; MASTERS
14
     WHOLESALE DISTRIBUTING &
15   MANUFACTURING; MEL LEIMER
     MASONRY, INC.; MERILLAT CORP. c/o
16   MASCO BUILDING PRODUCTS CORP.;
     MILGARD MANUFACTURING, INC.;
17   PAUL BARNES PAINTING, INC.; THE
     PENINSULA GROUP, INC,; PROCIDA
18
     LANDSCAPE, INC.; PRODUCTION
19   FRAMING SYSTEMS, INC.; R&A
     PAINTING, INC.; R&C MASONRY, INC.;
20   RCI ELECTRIC, INC. dba RAYCO
     ELECTRIC, INC.; RCR PLUMBING &
21   MECHANICAL, INC.; RIDDIO
22   CONSTRUCTION COMPANY, INC.;
     SACRAMENTO INSULATION
23   CONTRACTORS dba GALE BUILDING
     PRODUCTS nka TOP BUILD CORP.;
24   SACRAMENTO INSULATION
     CONTRACTORS dba SACRAMENTO
25   BUILDING PRODUCTS nka TOP BUILD
26   CORP.; SACRAMENTO A-1 DOOR &
     BUILDING SOLUTIONS; SELECTBUILD
27   dba BMC; SHERMAN-LOEHR
     CONTRACT INTERIORS, INC.;
28   SHERMAN-LOEHR CUSTOM TILE
                                             3

               CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
WORKS, INC.; SONORAN ROOFING,
     INC.; SONRAY CONSTRUCTION;
     SOUTH PLACER ROOFING CO., INC.;
     SPRAYTECH SYSTEMS, INC.; THORPE
     DESIGN, INC.; VACA VALLEY
     ROOFING, INC. dba OLD COUNTRY
     ROOFING; VILLARA CORPORATION fka
     BEUTLER CORPORATION;
     WALLDESIGN, INC.; WESTERN
     BUILDING SPECIALTIES OF
     SACRAMENTO; WESTERN
     INSULATION; WESTERN SHOWER
     DOOR, INC.; WHIRLPOOL CORP.,; Y.T.
     GLASS & WINDOWS, INC.; and ROES 1-
     500, inclusive,
10                        Cross-Defendants.

11

12             COMES        NOW        Cross-Defendant      H&D        ELECTRIC,        INC.’S       (“Cross-Defendant”)

13   and      answering      the   Cross-Complaint         of       PULTE     HOME         CORPORATION             (“Cross-

14   Complainant”) on file herein, admits, denies and alleges as follows:

15                                                   GENERAL         DENIAL

16             Pursuant     to the      provisions    of Section       431.30     of the     California     Code    of Civil

17   Procedure, Cross-Defendant generally and specifically denies each and every, and all,

18   of the allegations of the Cross-Complaint,                     and further denies that Cross-Complainant

19   has sustained damages              in any sum or sums, or otherwise, or at all, due to any act or

20   omission on the part of Cross-Defendant, or any of its agents, servants, or employees.

21                                         FIRST AFFIRMATIVE                DEFENSE

22             The Cross-Complaint, and each alleged cause of action thereof, fails to state facts

23   sufficientto constitute a cause of action against Cross-Defendant.

24                                       SECOND AFFIRMATIVE                  DEFENSE

25             The Cross-Complaint, and each cause of action thereof, is barred by the statutes

26   of limitation set forth in the California Code of Civil Procedure, including, but not limited

27   to, the following Sections: 337;1; 337.1(a)(1)-(3)(f); 337.15(a)(1)-(g)(4); 338(a),(b); 339:1;

28   340.8;     343;      California     Civil   Code,    including         but   not      limited    to,   the    following
                                                                4

                       CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
Sections: 896(e); 896(f);      896(g)(1);    896(g)(3)(a)-(d);          896(g)(6);      896(g)(7);        896(g)(8);
     896(g)(9);     896(g)(10);    896(g)(12);        896(g)(14);         900;      941(a)-(e);       and      California

     Commercial Code, including but not limited to, Sections                     2607(3)(a), and 2725(1), (2).

                                    THIRD AFFIRMATIVE               DEFENSE

               Cross-Complainant    has     breached     the    implied     covenant        of good     faith and         fair

     dealing    with Cross-Defendant        by failing, negligently,         wrongfully,      in bad        faith, and      in

     disregard of Cross-Defendant's rights under the contractof indemnity, to assert in Cross-

     Complainant's       Answer to the Complaint that the claims                   are barred      by the applicable

     Statutes of Limitation.
10                                 FOURTH AFFIRMATIVE                DEFENSE

11             Cross-Complainant has failed and neglected to use reasonable care to minimize

12   and mitigate the losses, injuries and damages complained of, if any there are, by failing

13   to timely assert the defense of the applicable Statutes of Limitation, and is precluded

14   from   recovering    those   damages     which     could    reasonably          have   been      avoided      by the

15   exercise of due care on Cross-Complainant’s part.

16                                   FIFTH AFFIRMATIVE              DEFENSE

17             Cross-Complainant was        careless and negligent and contributed to its own                            loss

18   and    liability by failing to assert the applicable         Statutes        of Limitation defenses           to the

19   Complaint.
20                                  SIXTH AFFIRMATIVE               DEFENSE

21             Cross-Complainant has unreasonably delayed bringing this action to the prejudice

22   of Cross-Defendant and is therefore barred from bringing this action by the Doctrine of

23   Laches.

24                                 SEVENTH AFFIRMATIVE                DEFENSE

25             Cross-Complainant was careless and negligent in and about the matters referred

26   to in the Cross-Complaint, and such fault on the part of Cross-Complainant proximately

27   caused and contributed to the damages              complained of, if any there are.                Any fault not

28   attributable to Cross-Complainant was             a result on the part of persons                 and/or entities
                                                          5

                    CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
other    than     Cross-Defendant.           Such      fault       bars     and/or      proportionately       reduces       any

     recovery by Cross-Complainant against Cross-Defendant.

                                        EIGHTH AFFIRMATIVE                        DEFENSE

              Should       Cross-Complainant              recover       damages           from     Cross-Defendant,          Cross-

     Defendant is entitled to indemnification, either in whole or in part, from all persons or

     entities whose        negligence    and/or fault proximately contributed to Cross-Complainant's

     damages, if any there are.

                                         NINTH AFFIRMATIVE                       DEFENSE

              Cross-Complainant               directed,       ordered,           approved,          and/or     ratified      Cross-
10   Defendant's conduct and Cross-Complainant is therefore estopped from asserting any

11   claim based thereon.

12                                      TENTH AFFIRMATIVE                        DEFENSE

13            The    Cross-Complaint,           and    each     cause          of action     thereof,     is barred       by Cross-

14   Complainant's         conduct    in causing          the damages             alleged        by it under the      Doctrine     of

15   Unclean Hands.

16                                     ELEVENTH AFFIRMATIVE                         DEFENSE

17            Prior to commencement of this action, Cross-Defendant duly performed, satisfied,

18   and discharged all duties and obligations it may have owed to Cross-Complainant arising

19   out of any and all agreements, representations or contracts made by Cross-Defendantor
20   on behalf of Cross-Defendant.                    Cross-Defendant alleges that Cross-Complainant has

21   failed to timely, fully and adequately perform the terms and conditions therein.

22                                     TWELFTH AFFIRMATIVE                         DEFENSE

23            Cross-Complainant and others                    unrelated to Cross-Defendant modified, altered,

24   abused     and/or      misused     the     materials,      equipment            and/or       work    provided     by Cross-

25   Defendant       and    such     conduct caused            and/or contributed                to the   damages      which     are

26   alleged in this lawsuit.

27                                   THIRTEENTH AFFIRMATIVE                          DEFENSE

28            By the       terms   of its contract,           Cross-Defendant               is not responsible        for Cross-
                                                                    6

                       CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
Complainant's failure to carry out the work in accordance with the contract documents.

                                  FOURTEENTH AFFIRMATIVE                      DEFENSE

            The Cross-Complaint, and each cause of action thereof, is barred by the following

     Sections of the Uniform Commercial Code: 1201(25)(c), 2601, 2602(1), 2513(1) and (3),

     2510(1)(a) and (b), 2606(1)(a) and (b), 2607, 2715(2)(a) and 2719(3).

                                   FIFTEENTH AFFIRMATIVE                  DEFENSE

            The   Cross-Complaint,         and     each    alleged    cause     of action thereof,         is barred      by

     California Civil Code Section 2784.5.

                                   SIXTEENTH AFFIRMATIVE                  DEFENSE
10          The Cross-Complaint, and each cause of action thereof, fails to state                              a cause of

11   action against Cross-Defendant for breach of warranty, expressed, implied or otherwise,

12   because there is no privity between Cross-Complainant
                                                        and Cross-Defendant.

13                                SEVENTEENTH             AFFIRMATIVE          DEFENSE

14          The Cross-Complaint, and each cause of action thereof, fails to state                              a cause of

15   action against Cross-Defendant because                   Cross-Complainant failed to give timely and

16   proper notice of any breach of warranty, implied, express or otherwise.

17                                EIGHTEENTH AFFIRMATIVE                      DEFENSE

18          Cross-Complainant acted with full knowledge of all of the facts and circumstances

19   surrounding its alleged injuries and damages, and thus assumed the risks of its injuries
20   and damages, if any there are.

21                                NINETEENTH AFFIRMATIVE                   DEFENSE

22          The   Cross-Complaint,         and     each    alleged cause       of action thereof, fails to state

23   facts, or to allege claims, which would impose joint and several liability for any of the

24   damages      claimed    by    any     party    against       Cross-Defendant.      Any        liability   of     Cross-

25   Defendant,    which    liability    is expressly      denied,     would    therefore     be     limited        to those

26   injuries, losses or damages,          if any there was for which Cross-Defendant's                        actionable

27   conduct, if any, was a primary contributing factor.

28   Mil
                                                              7

                   CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
TWENTIETH AFFIRMATIVE                       DEFENSE

                  The    Cross-Complaint,       and    each     alleged       cause      of action thereof,         is barred    by

     California Civil Code Section 1473.

                                       TWENTY-FIRST AFFIRMATIVE                         DEFENSE

                  The Cross-Complaint, and each alleged cause of action thereof, fails to state facts

     sufficient to constitute a cause of action for indemnity or contribution based                                      on strict

     liability.
                                    TWENTY-SECOND AFFIRMATIVE                             DEFENSE

                  The Cross-Complaint, and each alleged cause of action thereof, fails to state facts
10   sufficient to constitute a cause of action for breach of implied warranty against Cross-

11   Defendant.

12                                     TWENTY-THIRD AFFIRMATIVE                         DEFENSE

13                Cross-Complainant knowingly and voluntarily waived all claims of loss or damage

14   against Cross-Defendant              and   is therefore estopped and barred from alleging the matters

15   set forth in the Cross-Complaint.

16                                  TWENTY-FOURTH               AFFIRMATIVE               DEFENSE

17                              (Violation of California Civil Code § 896 through § 945.5)

18                Cross-Defendant         alleges     that    Plaintiffs      have      violated     provisions     set forth     in

19   California         Civil   Code     Sections     896     through         945.5,      which     require     non-adversarial
20   procedures to resolve disputes, including providing a detailed notice of claim, a notice of

21   defects, if any, a reasonable opportunity to cure any alleged defects, mediation, and/or

22   opportunity         to otherwise       reach     a settlement          with     Plaintiffs    prior to the     filing of the

23   Complaint, as well as other particulars of those provisions.

24                                     TWENTY-FIFTH AFFIRMATIVE                         DEFENSE

25                                     (California Civil Code § 945.5(a)-Act
                                                                         Of God)

26                Cross-Defendant         alleges     that    it is       excused,      in whole      or   in   part,   from    any

27   obligation, damage, loss or liability alleged as same was caused by an unforeseen act of

28   nature including, but not limited to,               a weather condition, earthquake, or manmade event
                                                                      8

                          CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
such as war, terrorism, or vandalism.

                                     TWENTY-SIXTH AFFIRMATIVE                  DEFENSE

                             (California Civil Code § 945.5(b)-        Homeowner Unreasonableness)

               Cross-Defendant is excused,              in whole or in part, from any obligation, damage,

     loss     or liability alleged       as   same     was   caused     by   Plaintiffs’   unreasonable     failure   to

     minimize or prevent those damages                  in a timely manner, including the failure of Plaintiffs

     to allow reasonable and timely access for inspections and repairs in accordance with the

     provisions set forth in California Civil Code                 Sections 896 through 945.5, which include

     the failure to give timely notice after discovery of a violation.
10                                TWENTY-SEVENTH             AFFIRMATIVE          DEFENSE

11                                  (California Civil Code § 945.5(c)- Failure to Maintain)

12             Cross-Defendant is excused,              in whole or in part, from any obligation, damage,

13   loss or liability alleged as same               was caused      by Plaintiffs or his or her or their agent,

14   employee,       general contractor, subcontractor,             independent contractor, or consultant by

15   virtue    of their failure to follow the           builder's    or manufacturers’        recommendations,        or

16   commonly accepted homeowner maintenance obligations.

17                                 TWENTY-EIGHTH AFFIRMATIVE                    DEFENSE

18                                  (California Civil Code § 945.5(d)-Alterations/Misuse)

19             Cross-Defendant is excused,              in whole or in part, from any obligation, damage,
20   loss     or liability     alleged   as   same     was   caused     by   Plaintiffs    or their   agent's,   or an

21   independent third party’s alterations, ordinary wear and tear, misuse, abuse, or neglect,

22   or by the use of the structure for other than             its intended purpose.

23                                  TWENTY-NINTH AFFIRMATIVE                   DEFENSE

24                            (California Civil Code § 945.5(e)-Statute Of Limitations)

25             Cross-Defendant is excused,              in whole or in part, from any obligation, damage,

26   loss or liability alleged to the extent that the time period for filing actions bars the claimed

27   violation.

28   Mil
                                                               9

                       CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
THIRTIETH AFFIRMATIVE                 DEFENSE

                                  (California Civil Code § 945.5(f)-Release)

               Cross-Defendant is excused,          in whole or in part, from any obligation, damage,

     loss or liability alleged as to a particular violation for which a valid release has been

     obtained.

                                 THIRTY-FIRST AFFIRMATIVE                 DEFENSE

                             (California Civil Code § 945.5(g)- Repair Successful)

               Cross-Defendant is excused,          in whole or in part, from any obligation, damage,

     loss or liability alleged to the extent the particular violation of the applicable standard
10   was successfully repaired.

11                              THIRTY-SECOND AFFIRMATIVE                   DEFENSE

12             Cross-Defendant      is   excused    from     performance        of any     alleged    obligation     to

13   defend,     indemnify    or hold    harmless    Cross-Complainant           due     to Cross-Complainant’s

14   failure to cooperate with efforts to resolve the claims made against it. Said cooperation

15   was contemplated by the parties at the time the contract was made. Furthermore, Cross-

16   Defendant's failure to perform was not caused, or the result of, any fault on the part of

17   Cross-Defendant.

18                               THIRTY-THIRD AFFIRMATIVE                 DEFENSE

19             Cross-Defendant      is   excused    from     performance        of any     alleged    obligation     to
20   defend,     indemnify    or hold    harmless    Cross-Complainant           pursuant to any express             or

21   implied     contractual obligations    due to Cross-Complainant’s                 conduct which      has    made

22   performance of the alleged obligations impossible. Cross-Defendant
                                                                      did not assume the

23   risk of Cross-Complainant’s failure to cooperate.

24                              THIRTY-FOURTH AFFIRMATIVE                   DEFENSE

25             Cross-Defendant      is   excused    from     performance        of any     alleged    obligation     to

26   defend,     indemnify    or hold    harmless    Cross-Complainant           pursuant to any express             or

27   implied     contractual obligations    due to Cross-Complainant’s                 conduct which      has    made

28   performance       of the alleged     obligations      excessively    and    unreasonably        costly.    Cross-
                                                           -10-

                     CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
Defendant
             did not assume            the risk of Cross-Complainant’s failure to cooperate.

                                THIRTY-FIFTH AFFIRMATIVE                        DEFENSE

             Cross-Complainant breached the implied covenant of good faith and fair dealing

     with Cross-Defendant by failing, negligently, wrongfully, in bad faith, and in disregard for

     Cross-Defendant’s       rights     under    the        contract     of    indemnity,         to     assert      in     Cross-

     Complainant's Answer to Plaintiffs’ Complaint,                    a defense that the claim was barred by

     the statutes of limitation.

                                THIRTY-SIXTH AFFIRMATIVE                        DEFENSE

             Cross-Complainant         failed   to mitigate        damages       by failing timely to assert the
10   defense of the statutes of limitation.

11                            THIRTY-SEVENTH AFFIRMATIVE                         DEFENSE

12           Cross-Complainant negligently contributed to his or her or its own loss and liability

13   by negligently failing to assert the statutes of limitation defense.

14           WHEREFORE,        Cross-Defendant prays as follows:

15           1        That Cross-Complainant takes nothing by way of the Cross-Complaint on

16   file herein;

17           2        That   Cross-Defendant           receive     a    judgment       in   its        favor   for    its   costs,

18   disbursements, and attorneys’ fees incurred in this action; and

19           3        That Cross-Defendant be awarded                    such    other and             further relief as the
20   Court may deem just and proper.

21

22    DATED:        October 15, 2020                    ISERT-KOTT & ASSOCIATES

23
                                                                   c          wih wd        (Drm
24                                                      B
                                                              JAMES
                                                                 W. DORAN
25                                                            Attorneys for Cross-Defendant
                                                              H&D ELECTRIC, INC.
26

27

28
                                                             -l-

                     CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO CROSS-COMPLAINT
Case: Artesi v. Pulte Home Corporation, etal.
            Placer County Superior Court Case No.: S-CV-0038785
            (consolidated with Case No.: S-CV-0040089)

                                          PROOF OF SERVICE

              I, the undersigned, declare: | am a citizen of the United States and employed in
      Contra Costa County, California. | am over the age of eighteen years and not a party to
      the within above-entitled action. My business address is 1200 Concord Avenue, Suite
      190B, Concord, California 94520.

             | am familiar with this Company's practice whereby the mail, after being placed in a
     designated area, is given the appropriate postage and is deposited in a U. S. mailbox in
     the City of Concord, California, after the close of the day's business.

             On the date entered below, | served the following:

10                  CROSS-DEFENDANT H&D ELECTRIC, INC.’S ANSWER TO
                      PULTE HOME CORPORATION’S CROSS-COMPLAINT
11

12    on all parties in the said action addressed as follows:

13   —_     BY MAIL: by placing a true copy of each document in a sealed envelope and
            placing such envelope for collection and mailing at Concord, CA following ordinary
14          business practices.

15          BY PERSONAL SERVICE: by placing a true copy of each documentin a sealed
            envelope. | caused each such envelope to be delivered by hand to the addressee(s)
16          noted in this Proof of Service.

17          BY FACSIMILE: by causing said documentto be transmitted by facsimile machine
            to the number indicated after the address noted or the addressee on the facsimile
18          cover sheet.

19          OVERNIGHT SERVICE: by placing a true copy of each document in a sealed
            envelope. | caused each such envelope to be delivered by Overnight/E xpress Mail
20          Delivery to the addressee(s) noted in this Proof of Service.

21   AXx    ELECTRONIC SERVICE: by causing said documentto be served by transmitting
            said documents through the court designated e-service provider, File & ServeXpress
22          E-service to the persons on the electronic service list

23           | declare under penalty of perjury under the laws of the State of California that the
     foregoing is true and correct. Executed at Concord, California on October 15, 2020
24                                                                    2

25

26
                                                                    O)
                                                                  Merrilln Ruiz
27

28
                                                      1

                                            PROOF   OF SERVICE
Case Name: Artesi v. Pulte Home Corporation, etal.
     Placer County Superior Court Case No.: S-CV-0038785
     consolidated with Case No.: S-CV-0040089


     Gabrielle Cutler, Esq.                          Kathleen Q. Brown, Esq.
     Clapp, Moroney, Vucinish,                       Law Offices of J ohn A. Biard
     1111 Bayhill Drive, Suite 300                   11070 White Rock Road, Suite 200
     San Bruno, CA 94066                             Rancho Cordova, CA 95670
     Tel.: 650-989-5400                              Tel.: 916-638-6610
                                                     Fax: 855-631-5920 Fax
     REGINA M. WESTERMAN, etal.                      kqbrown@ travelers.com;
                                                     aokenned@ travelers.com;
                                                     smgilles@ travelers.com;

                                                     BARBOSA CABINETS, INC.

     Elliot H. Heller, Esq.                          Luke P. Ryan, Esq.
10   Frederickson, Mazeika & Grant, LLP              Kevin B. Hambly, Esq.
     5720 Oberlin Drive                              Shinnick & Ryan, LLP
11   San Diego, CA 92121-1723                        1650 Hotel Circle North, Suite 200
     Tel.: 858-642-2002                              San Diego, CA 92108
12   Fax: 858-642-2001                               Tel.: 619-239-5900
     eheller@ fmglegal.com                           Fax: 619-239-1833
13                                                   Iryan@ srfirms.com, khambly@ srfirms.com
     MERILLAT CORPORATION
14                                                   SANDRA A. ARTESI, ET AL
     Carlos C. Cabral, Esq.                          A. Barclay (Clay) Brynes, Esq.
15   Cabral|S choneman, LLP                          Lewis Brisbois Bisgaard & Smith
     200 E. Santa Clara Street, Suite 220            333 Bush St, Suite 1100
16   Ventura, CA 93001                               San Francisco, CA 94104
     Tel.: 805-633-4650                              Tel.: 415-362-2580
17   Fax: 805-633-4655                               Fax: 415-434-0882
     carlos@ c-sattorneys.com                        clay.byrnes@ lewisbrisbois.com;
18
      BLUE MOUNTAIN AIR CONSTRUCTION                 MILGARD MANUFACTURING,            INC.
19    SE RVICES, INC.
     Michael S_Middleton_Esq.                        Zaida A. McGhee, Esq.
20                                                   Tyler E. Hazen, Esq.
                                                     Laura E. Moss, Esq.
21   Sacramento-CA     95825-4558                    Angulo McGhee, APLC
                                                     2900 Bristol St., Suite C-207
22                                                   Costa Mesa, CA 92626
                                                     Tel.: 949-270-0943
23                                                   Fax: 888-383-8215
                                                     zmcghee@ angulomcghee.com;
24                                                   thazen@ angulomcghee.com;
                                                     Imoss@ angulomcghee.com ;
25
                                                     FENCEWORKS,       INC.
26

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                                        PROOF   OF SERVICE
Larry D. Letofsky, Esq.                             Kelly T. Boruszewski, Esq.
     Letofsky*McClain                                    Kelbor Law
     3655 Nobel Drive, Suite 400                         268 Bush Street, #2545
     San Diego, CA 92122                                 San Francisco, CA 94104-3503
     Tel.: 858-642-1372                                  Tel.: 415-234-0342
     Fax: 858-642-1379                                   Fax: 415-520-4017
     lletofsky@ letofskymcclain.com                      kboruszewski@ kelborlaw.com

     BUILDING MATERIALS                                  ATLAS SPECIALTIES, INC./ AUS
     CONSTRUCTION SERVICES            FKA                DECKING/ CVC CONSTRUCTION
     SELECTBUILD                                         CORP./ EBM CONSTRUCTION, INC,/
                                                         HOMESITE SERVICES, INC./ KENYON
                                                         PLASTERING, INC./ KIWI STAIR, INC.

     Felicia A. Starr, Esq.                              Brandon L. Hinson, Esq.
     Skane Wilcox, Esq.                                  Fowler Law Grou
     1055 West 7th Street, Suite 1700                    11845 W. Olympic Blvd., Suite 710
     Los Angeles, CA 90017                               Los Angeles, California 90064
10   Tel.: 213-452-1200                                  Tel.: 310-446-3900
     Fax: 213-452-1201                                   Fax: 310-446-0030
11   fstarr@ skanewilcox.com                             bhinson@ fowlerlawgroup.com
12   G.E. APPLIANCES                                     BARBOSA CABINETS, INC., HEARTH &
                                                         HOME TECHNOLOGIES, INC. DBA
13                                                       FIRESIDE HEARTH & HOME)
14   Stacy Moak, Esq.                                    Brian C. Chien, Esq.
     Villara Corporation                                 Kenyon Construction, Inc.
15   4700 Lang Avenue                                    525 Green Street, Suite A
     McClellan, CA 95652                                 Martinez, CA 94553
16   Tel.: 916-646-2700                                  Tel.: 510-741-8182
     Fax: 916-646-2718                                   Fax: 510-741-7874
17   moaks@ villara.com, molashc@ villara.com            bchien@ kenyonweb.com

18   VILLARA CORPORATION FKA                             KENYON CONSTRUCTION, INC.
     BEUTLER CORPORATION
19

20
     Timothy C. McNeill, Esq.                            Julie D. McElroy, Esq.
21   HOLLINGSHEAD & ASSOCIATES                           Jacobsen & McElroy
     3880 Atherton Road                                  2401 American River Drive, Suite 100
22   Rocklin, CA 95765                                   Sacramento, CA 95825
     Tel: 916-630-3803                                   Tel. : 916-971-4100
23   Fax: 916-630-3848                                   Fax : 916-971-4150
     tmcneill@ wedefend.com                              jmcelroy@ jacobsenmcelroy.com;
24
     KIWI STAIR, INC.                                    AGUILAR FENCE, INC. ET AL.
25

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                                            PROOF   OF SERVICE
Peter H. Dekker, Esq.
     Castle, Dekker & Bellagamba
     30 Oak Court
     Danville, CA 94526
     Tel. : 925-552-1200
     Fax : 925-552-1201
      dekker@ dekkerlaw.com,
     kstiller@ dekkerlaw.com

     SPECIAL MASTER




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                                   PROOF   OF SERVICE