Preview
From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 2 of 4 08/17/2021 10:38 AM
FILED BY FAX
ALAMEDA COUNTY
DAVID W. GINN (Bar No. 124894) August 17, 2021
dginn@ginnlaw.com CLERK OF
NY
THE SUPERIOR COURT
PETER C. LYON (Bar No. 174019) By Shabra lyamu, Deputy
plyon@ginnlaw.com
WD
CASE NUMBER:
GINN & CROSBY, LLP
RG21087601
Fe
1485 Treat Boulevard, Ste. 200
Walnut Creek, California 94597
RH
Telephone: (925) 256-4466
Fax: (925) 256-4423
DO
Attorneys for Plaintiff City of Dublin
SN
EXEMPT FROM FILING FEES - GOV’T CODE § 6103
OH
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF ALAMEDA — UNLIMITED CIVIL CASE
)
—
CITY OF DUBLIN, a Municipal Corporation, Case No. RG21087601
)
Plaintiff, ) JOINT CASE MANAGEMENT
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) CONFERENCE STATEMENT
Vv. )
)
FF
DAHLIN GROUP, INC., a California )
Corporation; )
)
DA
BCA STRUCTURAL ENGINEERING, INC., a
)
)
California Corporation; and )
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)
DH
DOES 1-50, inclusive, )
)
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Defendants. )
)
CF
AND RELATED CROSS-ACTIONS )
DDD
—§
In response to the Court’s Tentative Case Management Order dated June 18, 2021, the parties
NH
KD
provide this Joint Case Management Conference Statement.
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HD
FSF
1. Brief Factual Summary of Case
KN
HY
The City of Dublin contracted with Dahlin Group, Inc. to provide design services for renovation
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DB
NY
and construction of the Dublin Civic Center Expansion Project. Dahlin Group, Inc. contracted with
NY
BCA Structural Engineering to provide engineering services.
WN
mo
1
JOINT CASE MANAGEMENT STATEMENT
From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 3 of 4 08/17/2021 10:38 AM
During the Second Phase of construction, the City found that there was extensive column
corrosion that had not been addressed in the renovation design. The City also found that the roof
NY
WD
system design employed collectors and connections to the concrete sheer walls were significantly
Fe
undersized and did not meet Building Code requirements. Both of these design errors required
RH
significant redesign and rework to address. The City’s theory of liability is that these design errors fell
DO
below the standard of care for design professionals, and constitutes professional negligence and breach
SN
of contract. The City’s current estimate of damages is $1,324,597.87.
OH
Defendants Dahlin Group, Inc. and BCA Structural Engineering, Inc. deny any liability for the
VU
design deficiencies claimed by the City, assert there were not design errors, and to the extent there were
co
design errors, the errors did not fall below the professional standard of care.
—
2. Case Procedural Status
Wwe
All named parties in the City of Dublin’s Complaint and Dahlin Group, Inc.’s Cross-Complaint
have been served and have appeared.
FF
On July 30, 2021, Defendant, Cross-Defendant and Cross-Complainant BCA Structural
DA
Engineering, Inc. filed a cross complaint for equitable indemnity, contribution and declaratory relief
against Dahlin Group, Inc. Dahlin Group, Inc. has not yet filed an answer to BCA Structural
yA
Engineer’s Cross-Complaint. Consequently, this case is not presently at issue.
DH
i
3. Plan for Discovery, Hearings, ADR and Trial
CO
The parties have engaged in informal discussions and anticipate informal discovery in advance
CF
DDD
—§
of a mediation that is tentatively planned to take place in January or February 2022. Mediator selection
is presently underway. Expert meetings in advance of the mediation are contemplated. If mediation is
NH
KD
Ww
unsuccessful, the parties anticipate commencing formal written discovery and depositions.
HD
FSF
KN
The parties anticipate the duration of the trial in this matter is between 10 to 15 days. The
HY
A
parties anticipate this case will be ready for trial in November 2022.
DB
NY
It is not anticipated at this time that this case will require the appointment of a Special Master.
NY
WN
mo
2
JOINT CASE MANAGEMENT STATEMENT
From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 4 of 4 08/17/2021 10:38 AM
DATED: August 17, 2021 G W, RC a
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DATED: August 17, 2021 ROPERS MAJESKI PC
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JOINT CASE MANAGEMENT STATEMENT
Preview
From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 2 of 4 08/17/2021 10:38 AM FILED BY FAX ALAMEDA COUNTY DAVID W. GINN (Bar No. 124894) August 17, 2021 dginn@ginnlaw.com CLERK OF NY THE SUPERIOR COURT PETER C. LYON (Bar No. 174019) By Shabra lyamu, Deputy plyon@ginnlaw.com WD CASE NUMBER: GINN & CROSBY, LLP RG21087601 Fe 1485 Treat Boulevard, Ste. 200 Walnut Creek, California 94597 RH Telephone: (925) 256-4466 Fax: (925) 256-4423 DO Attorneys for Plaintiff City of Dublin SN EXEMPT FROM FILING FEES - GOV’T CODE § 6103 OH SUPERIOR COURT OF THE STATE OF CALIFORNIA VU co COUNTY OF ALAMEDA — UNLIMITED CIVIL CASE ) — CITY OF DUBLIN, a Municipal Corporation, Case No. RG21087601 ) Plaintiff, ) JOINT CASE MANAGEMENT Wwe ) CONFERENCE STATEMENT Vv. ) ) FF DAHLIN GROUP, INC., a California ) Corporation; ) ) DA BCA STRUCTURAL ENGINEERING, INC., a ) ) California Corporation; and ) yA ) DH DOES 1-50, inclusive, ) ) i CO Defendants. ) ) CF AND RELATED CROSS-ACTIONS ) DDD —§ In response to the Court’s Tentative Case Management Order dated June 18, 2021, the parties NH KD provide this Joint Case Management Conference Statement. Ww HD FSF 1. Brief Factual Summary of Case KN HY The City of Dublin contracted with Dahlin Group, Inc. to provide design services for renovation A DB NY and construction of the Dublin Civic Center Expansion Project. Dahlin Group, Inc. contracted with NY BCA Structural Engineering to provide engineering services. WN mo 1 JOINT CASE MANAGEMENT STATEMENT From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 3 of 4 08/17/2021 10:38 AM During the Second Phase of construction, the City found that there was extensive column corrosion that had not been addressed in the renovation design. The City also found that the roof NY WD system design employed collectors and connections to the concrete sheer walls were significantly Fe undersized and did not meet Building Code requirements. Both of these design errors required RH significant redesign and rework to address. The City’s theory of liability is that these design errors fell DO below the standard of care for design professionals, and constitutes professional negligence and breach SN of contract. The City’s current estimate of damages is $1,324,597.87. OH Defendants Dahlin Group, Inc. and BCA Structural Engineering, Inc. deny any liability for the VU design deficiencies claimed by the City, assert there were not design errors, and to the extent there were co design errors, the errors did not fall below the professional standard of care. — 2. Case Procedural Status Wwe All named parties in the City of Dublin’s Complaint and Dahlin Group, Inc.’s Cross-Complaint have been served and have appeared. FF On July 30, 2021, Defendant, Cross-Defendant and Cross-Complainant BCA Structural DA Engineering, Inc. filed a cross complaint for equitable indemnity, contribution and declaratory relief against Dahlin Group, Inc. Dahlin Group, Inc. has not yet filed an answer to BCA Structural yA Engineer’s Cross-Complaint. Consequently, this case is not presently at issue. DH i 3. Plan for Discovery, Hearings, ADR and Trial CO The parties have engaged in informal discussions and anticipate informal discovery in advance CF DDD —§ of a mediation that is tentatively planned to take place in January or February 2022. Mediator selection is presently underway. Expert meetings in advance of the mediation are contemplated. If mediation is NH KD Ww unsuccessful, the parties anticipate commencing formal written discovery and depositions. HD FSF KN The parties anticipate the duration of the trial in this matter is between 10 to 15 days. The HY A parties anticipate this case will be ready for trial in November 2022. DB NY It is not anticipated at this time that this case will require the appointment of a Special Master. NY WN mo 2 JOINT CASE MANAGEMENT STATEMENT From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 4 of 4 08/17/2021 10:38 AM DATED: August 17, 2021 G W, RC a iC - Det we AAR a —f dav vi au PETER C. f 0} Attomeys| for Plain npc of Dublin A EON DATED: August 17, 2021 Ge SO tthe MD Oe WILLIAM J. PETERS JACOB D. COLVIN Attorneys for Defendant, Cross-Complainant and Cross- me Defendant Dahlin Group, Inc. me A etme BR DATED: August 17, 2021 ROPERS MAJESKI PC Ningre fer we 6 ENRIQUEMARINEZ Rom GS Attorneys ror Defendant, Cross-Defendant and‘xoss- Complainant BCA Structural Engineering, Inc. a Be California Corporation sia RN MB SG NW ER NY A RM A RN ot on 3 JOINT CASE MANAGEMENT STATEMENT