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| Julie D. McElroy - 160542 FILED
Jason R. €ale - 252113 SPER SELRY r OF CALIFORNIA
| JACOBSEN. & McELROY PC
2401 American River Drive, Suite 100
jSacramento, CA 95825 JAK TERS
Tel. (916) 971-4100 EXECUTIVE OFFICER & CLERK
Fax (916) 971=4150 By: E. Cavazos, Deputy
|j/Attorneys for Defendant /Cross-Complainant/Cross-Defendant
|QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT
|
||
|
: IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
10
1 JANENE BAUHOFER and MICHAEL ) Case No.: SCV0039397
JOHNSON, )
12
ACTION FILED: 04/28/17
)
13 DLSINEL EES: ) QUINCY McCOURT, individually
) and dba McQUIN CONSTRUCTION |
14 vs. ) MANAGEMENT’ S OBJECTIONS TO
) OREGON SHEPHERD'S MOTION FOR >
15 QUINCY McCOURT, individually ) GOOD FAITH SETTLEMENT (2"*)
and dba McQUIN CONSTRUCTION
16
|MANAGEMENT; OREGON SHEPHERD, )
17 LLC dba OREGON SHEPHERD, an ) pata’: April 24, 2018
j}Oregon Limited Liability ) Time: 8:30 a.m.
18 Company; and DOES 1 - 50, ) Dept.: 40
inclusive, )
19
)
20 Defendants. )
)
21 AND RELATED CROSS-ACTIONS. )
)
22 |}
23 | COMES NOW, Defendant/Cross-Complainant/Cross-Defendant QUINCY
McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT
24
25 (hereinafter “McQuin Construction”) in Opposition: 5” OREGON ‘SHEPHERD,
dba OREGON SHEPHERD’s (hereinafter “Oregon shépHerd”). Motion for
26 LLC
27 Good Faith Settlement.
“28 V///
-j|-
and dba McQUIN CONSTRUCTION MANAGEMENT’ Ss ‘OBJECTIONS
QUINCY MGCOURT, individually
: TO OREGON SHEPHERD’ s MOTTON FOR GooD FAITH SETTLEMENT
© eS
Objections to Memorandum of Points and Authorities
Objection Number 1
“The insulation arrived at the jobsite on September 6, 2013, but
was not installed in the dance studio until approximately October 30,
2013, nearly two months after its arrival on the jobsite. (Sun
Declaration { 8,9, Exhibit “C” and Exhibit “D.”)” (Motion at p. 2:11-
13x)
Grounds for Objection: Lack of personal knowledge and lack of
10 authenticity. (Ca. Evidence Code sections §§ 702, 1400 and 1401.)
11
12 Objection Number 2
13 The bolded portion of the following: “For reasons that are unknown,
14 the project was delayed, and windows and doors were not fully installed
15 until the end of December, 2013, and the construction of the studio
16 continued into 2014. (Sun Dec. { 10, Exhibit E.)”
17
18 Grounds for Objection: Lack of Personal Knowledge and Lack of
19 Authenticity. (Ca. Evidence Code’S§ 702, 1400 and 1401.)
20
21 Objection Number 3
22 “6. Oregon Shephard shipped the wool insulation to the job site
23 on August 26, 2013. [See Exhibit B.]” Declaration of Christina Sun,
24 page 2, 1 6; Exhibit “B.”)
25
26 Grounds for Objection: Lack of Personal Knowledge and lack of
27 Authenticity. (Ca. Evidence Code sections §§ 702, 1400 and 1401.)
28
=
QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT’S OBJECTION TO
OREGON SHEPHERD'S: EVIDENCE. IN MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
“te
oO 5
Objection Number 4
Exhibit “B” to declaration of Christine Sun.
Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403).
Lack of Personal Knowledge. (Evid. Code. § 702)..Lack of Authenticity.
(Evid. Code § 1401). Inadmissible Secondary Evidence. (Evid. Code §§
1521 and 1523).
Objection Number 4
10 The bolded portion of the following: “McCourt produced Invoice
ae Number: MK020745, which indicated wool insulation was installed around
12 October 30, 2013.” Declaration of Christine Sun, page 3, lines 1-2.
13 Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403).
14 Lack of Personal Knowledge. (Evid. Code. § 702).
15
16 Objection Number 5
i7 Exhibit “C” to the Declaration of Christine Sun.
18
19 Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403).
20 hack of Personal Knowledge. (Evid. Code. § 702). Confidential
24 Settlement Communication (Evidence Code § 1152).
22
23 Objection Number 6
24 Exhibit “D” to the Declaration of Christine Sun.
25
26 Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403).
27 Lack of Personal Knowledge. (Evid. Code. § 702). Confidential
28 Settlement Communication (Evidence Code § 1152).
-3-
QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION ‘MANAGEMENT'S OBJECTION TO
‘OREGON SHEPHERD’S. EVIDENCE IN MOTION FOR DETERMINATION OF GOOD: FAITH SETTLEMENT
© oO
Objection Number 7
Exhibit “E” to the Declaration of Christine Sun,
Grounds for Objection: Lack of Foundation. (Evid. Code S§ 400 and 403).
Lack of Personal Knowledge. (Evid. Code. § 702). Confidential
Settlement Communication (Evidence Code § 1152).
DATED: April 6, 2018 JACOBSEN & McELROY PC
10. »tlehrJagbn R. Cale
11
orneys for Defendants/Cross-
12
plainants
QUINCY McCOURT, individually and
13 dba McQUIN CONSTRUCTION MANAGEMENT
14
15
16
7
18
19
20
21
22
23
———
24
25
26
27
28
oe
-4-
QUINCY ‘McCOURT, .individually and dba McQUIN CONSTRUCTION MANAGEMENT’ S OBJECTION TO
OREGON SHEPHERD’S EVIDENCE IN MOTION FOR DETERMINATION. OF GOOD FAITH SETTLEMENT
oO iae
CERTIFICATE OF SERVICE
I, Susan Middleman, declare:
Iam a citizen of the United States, am over the age of eighteen
years, and am not a party to or interested in the within entitled case.
My business: address is 2401 American River Drive, Suite 100,
Sacramento, California 95825.
On April 6, 2018, I served the following document(s) on the
parties in the within action:
QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION
MANAGEMENT’ S OBJECTIONS TO OREGON SHEPHERD’S MOTION FOR
DETERMINATION. OF GOOD FAITH SETTLEMENT
10
BY FAX: By transmitting by facsimile. a true copy thereof to
ii
facsimile number(s) known below or represented to me to be the receiving
a2 facsimile number for facsimile copy transmission of the
parties/person/firms listed below:
LS
Plaintiffs
14 Todd B. Gary
The Gary Law Firm
LS, 50 -Oak Court, #100
Danville, CA 94526
Tel: (925) 831-1155
16 Fax: (925) 831-1188
i7 Oregon Shepherd
J. Stephanie Krmpotic
18 Low, Ball & Lynch
505 Montgomery St., 7th Flr.
19 San Francisco, CA 94111
Tel: (415) 981-6630
Fax; (415) 982-1634
20
21 I declare under penalty of perjury under the laws of the State
of California that the foregoing is a true and correct statement and
22 that this Certificate was executed on April 6, 2018.
c
23
24
SUSAN MIDD]ZEMAN
25
26
27
poo
28
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QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT’S OBJECTION TO
OREGON SHEPHERD’ S EVIDENCE.IN MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
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ar. | Julie D. McElroy - 160542 FILED Jason R. €ale - 252113 SPER SELRY r OF CALIFORNIA | JACOBSEN. & McELROY PC 2401 American River Drive, Suite 100 jSacramento, CA 95825 JAK TERS Tel. (916) 971-4100 EXECUTIVE OFFICER & CLERK Fax (916) 971=4150 By: E. Cavazos, Deputy |j/Attorneys for Defendant /Cross-Complainant/Cross-Defendant |QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT | || | : IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER 10 1 JANENE BAUHOFER and MICHAEL ) Case No.: SCV0039397 JOHNSON, ) 12 ACTION FILED: 04/28/17 ) 13 DLSINEL EES: ) QUINCY McCOURT, individually ) and dba McQUIN CONSTRUCTION | 14 vs. ) MANAGEMENT’ S OBJECTIONS TO ) OREGON SHEPHERD'S MOTION FOR > 15 QUINCY McCOURT, individually ) GOOD FAITH SETTLEMENT (2"*) and dba McQUIN CONSTRUCTION 16 |MANAGEMENT; OREGON SHEPHERD, ) 17 LLC dba OREGON SHEPHERD, an ) pata’: April 24, 2018 j}Oregon Limited Liability ) Time: 8:30 a.m. 18 Company; and DOES 1 - 50, ) Dept.: 40 inclusive, ) 19 ) 20 Defendants. ) ) 21 AND RELATED CROSS-ACTIONS. ) ) 22 |} 23 | COMES NOW, Defendant/Cross-Complainant/Cross-Defendant QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT 24 25 (hereinafter “McQuin Construction”) in Opposition: 5” OREGON ‘SHEPHERD, dba OREGON SHEPHERD’s (hereinafter “Oregon shépHerd”). Motion for 26 LLC 27 Good Faith Settlement. “28 V/// -j|- and dba McQUIN CONSTRUCTION MANAGEMENT’ Ss ‘OBJECTIONS QUINCY MGCOURT, individually : TO OREGON SHEPHERD’ s MOTTON FOR GooD FAITH SETTLEMENT © eS Objections to Memorandum of Points and Authorities Objection Number 1 “The insulation arrived at the jobsite on September 6, 2013, but was not installed in the dance studio until approximately October 30, 2013, nearly two months after its arrival on the jobsite. (Sun Declaration { 8,9, Exhibit “C” and Exhibit “D.”)” (Motion at p. 2:11- 13x) Grounds for Objection: Lack of personal knowledge and lack of 10 authenticity. (Ca. Evidence Code sections §§ 702, 1400 and 1401.) 11 12 Objection Number 2 13 The bolded portion of the following: “For reasons that are unknown, 14 the project was delayed, and windows and doors were not fully installed 15 until the end of December, 2013, and the construction of the studio 16 continued into 2014. (Sun Dec. { 10, Exhibit E.)” 17 18 Grounds for Objection: Lack of Personal Knowledge and Lack of 19 Authenticity. (Ca. Evidence Code’S§ 702, 1400 and 1401.) 20 21 Objection Number 3 22 “6. Oregon Shephard shipped the wool insulation to the job site 23 on August 26, 2013. [See Exhibit B.]” Declaration of Christina Sun, 24 page 2, 1 6; Exhibit “B.”) 25 26 Grounds for Objection: Lack of Personal Knowledge and lack of 27 Authenticity. (Ca. Evidence Code sections §§ 702, 1400 and 1401.) 28 = QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT’S OBJECTION TO OREGON SHEPHERD'S: EVIDENCE. IN MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT “te oO 5 Objection Number 4 Exhibit “B” to declaration of Christine Sun. Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403). Lack of Personal Knowledge. (Evid. Code. § 702)..Lack of Authenticity. (Evid. Code § 1401). Inadmissible Secondary Evidence. (Evid. Code §§ 1521 and 1523). Objection Number 4 10 The bolded portion of the following: “McCourt produced Invoice ae Number: MK020745, which indicated wool insulation was installed around 12 October 30, 2013.” Declaration of Christine Sun, page 3, lines 1-2. 13 Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403). 14 Lack of Personal Knowledge. (Evid. Code. § 702). 15 16 Objection Number 5 i7 Exhibit “C” to the Declaration of Christine Sun. 18 19 Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403). 20 hack of Personal Knowledge. (Evid. Code. § 702). Confidential 24 Settlement Communication (Evidence Code § 1152). 22 23 Objection Number 6 24 Exhibit “D” to the Declaration of Christine Sun. 25 26 Grounds for Objection: Lack of Foundation. (Evid. Code §§ 400 and 403). 27 Lack of Personal Knowledge. (Evid. Code. § 702). Confidential 28 Settlement Communication (Evidence Code § 1152). -3- QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION ‘MANAGEMENT'S OBJECTION TO ‘OREGON SHEPHERD’S. EVIDENCE IN MOTION FOR DETERMINATION OF GOOD: FAITH SETTLEMENT © oO Objection Number 7 Exhibit “E” to the Declaration of Christine Sun, Grounds for Objection: Lack of Foundation. (Evid. Code S§ 400 and 403). Lack of Personal Knowledge. (Evid. Code. § 702). Confidential Settlement Communication (Evidence Code § 1152). DATED: April 6, 2018 JACOBSEN & McELROY PC 10. »tlehrJagbn R. Cale 11 orneys for Defendants/Cross- 12 plainants QUINCY McCOURT, individually and 13 dba McQUIN CONSTRUCTION MANAGEMENT 14 15 16 7 18 19 20 21 22 23 ——— 24 25 26 27 28 oe -4- QUINCY ‘McCOURT, .individually and dba McQUIN CONSTRUCTION MANAGEMENT’ S OBJECTION TO OREGON SHEPHERD’S EVIDENCE IN MOTION FOR DETERMINATION. OF GOOD FAITH SETTLEMENT oO iae CERTIFICATE OF SERVICE I, Susan Middleman, declare: Iam a citizen of the United States, am over the age of eighteen years, and am not a party to or interested in the within entitled case. My business: address is 2401 American River Drive, Suite 100, Sacramento, California 95825. On April 6, 2018, I served the following document(s) on the parties in the within action: QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT’ S OBJECTIONS TO OREGON SHEPHERD’S MOTION FOR DETERMINATION. OF GOOD FAITH SETTLEMENT 10 BY FAX: By transmitting by facsimile. a true copy thereof to ii facsimile number(s) known below or represented to me to be the receiving a2 facsimile number for facsimile copy transmission of the parties/person/firms listed below: LS Plaintiffs 14 Todd B. Gary The Gary Law Firm LS, 50 -Oak Court, #100 Danville, CA 94526 Tel: (925) 831-1155 16 Fax: (925) 831-1188 i7 Oregon Shepherd J. Stephanie Krmpotic 18 Low, Ball & Lynch 505 Montgomery St., 7th Flr. 19 San Francisco, CA 94111 Tel: (415) 981-6630 Fax; (415) 982-1634 20 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is a true and correct statement and 22 that this Certificate was executed on April 6, 2018. c 23 24 SUSAN MIDD]ZEMAN 25 26 27 poo 28 -5- QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT’S OBJECTION TO OREGON SHEPHERD’ S EVIDENCE.IN MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT