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Cynthia Coulter Mulvihill, Esq. SBN 171909
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SHERMAN OAKS SENIOR CITIZEN HOUSING CORPORATION, et al.,
Plaintiffs,
v.
THE WALTON ASSOCIATED COMPANIES, et al.,
Defendants. _________________________________
AND RELATED CROSS ACTIONS.
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CASE NO.: BC 228212
CASE MANAGEMENT ORDER 07/26/2001: (1) DEEMING MATTER COMPLEX; (2) APPOINTING A MEDIATOR/SETTLEMENT REFEREE [CCP §187]; (3) AND ESTABLISHING A CASE MANAGEMENT ORDER
CMO EXECUTION DATE: 07/27/2001 FSC: 6/24/2002 TRIAL: 7/29/2002
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IT IS HEREBY ORDERED that the provisions set forth below shall be the Case Management Order (hereinafter known as “CMO”) for the above-captioned action:
This construction defect action is deemed complex, in that it involves a large number of parties with separate interests, a large number of claims, which are complex from a legal and technical standpoint, and a substantial number of percipient and expert witnesses. Trial, if it occurs, is likely to be prolonged. Accordingly, this case is deemed an exceptional case and is exempted from the Differential Case Management Rules. This order is entered to reduce the costs of litigation, to assist the parties in resolving their disputes, if possible, and if not, to reduce the costs and difficulties of discovery and trial.
Pursuant to California Code of Civil Procedure § 187[1] Mr. Ross Hart is hereby appointed as Mediator/Settlement Referee. The Mediator/Settlement Referee appointed pursuant to California Code of Civil Procedure §187 shall not be eligible to be appointed as a Special Master/Discovery Referee under California Code of Civil Procedure §639.
The Mediator/Settlement Referee and shall have authority to establish and administer a mediation schedule. The Mediator/Settlement Referee has the authority to designate mediation sessions as Mandatory Settlement Conferences in accordance with California Rules of Court Rule 222. The Mediator/Settlement Referee has express authority to order parties to comply with California Rules of Court Rule 222(c), which states: “Trial counsel, parties, and persons with full authority to settle the case shall personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.”
A. Fees. The fees of the Mediator/Settlement Referee in the above-referenced case shall be paid as follows: one-third (1/3) by the plaintiff; one-third (1/3) by the defendant; and one-third (1/3) to be shared in equal parts by all cross-defendants. The Mediator/Settlement Referee’s fee is per hour. A copy of the Mediator/Settlement Referee’s resume is attached hereto as Exhibit “1” for reference, and can be viewed by clicking on the hyperlink in the electronic version of this Case Management Order, Resume of Ross Hart.
3. CODE GOVERNS WHERE SILENT
On a matter as to which this order is silent, California Statutes, California Rules of Court, and the Rules of the Los Angeles Superior Court shall be controlling.
4. SERVICE BY CD-ROM
All parties in this matter may serve documents, in compliance with the mailing requirements set forth in the California Code of Civil Procedure, by CD-ROM Service by CD-ROM must be accompanied by a Notice of Service by CD-ROM which describes the documents served by CD-ROM. Service by CD-ROM does not change the mailing requirements of the California Code of Civil Procedure.
Documents, which are filed with the Court, must be filed with the Court on paper, in accordance with the California Code of Civil Procedure. The Notice of Service by CD-ROM, along with a copy of the CD-ROM, shall also be filed with the Court.
For documents that are not filed with the Court (i.e., discovery, etc.), the Party serving the document shall maintain the original, signed paper version of the document at its usual place of business.
The party serving a document by CD-ROM will provide any party that wants a paper version of any document served by CD-ROM with a paper version of that document, upon request. The cost of the paper copy shall be borne by the party serving the document. The date of service of the document is deemed to be the date of service of the CD-ROM.
5. PARTIES
A. Service of New Defendants and Cross-Defendants. All parties may name Defendants and Cross-defendants, who have not appeared in this action, on or before September 24, 2001. Service must be made on new defendants and cross-defendants by November 19, 2001, unless extended by order of the court for good cause shown.
In addition to any such Complaint or Cross-Complaint served on a new party, there shall be served together therewith, a copy of (1) Plaintiff’s Operative Complaint; (2) Defendant’s Operative Cross-Complaint; (3) The Operative Case Management Order, and all amendments thereto.
B. Suspended Corporations. All parties appearing in this action are deemed to have waived the legal incapacity (see Color-Vue, Inc. v. Michael L. Abrams (1996) 44 Cal.App.4th 1599, 52 Cal.Rptr. 2d 443) of any named defendants or cross-defendants whose corporate powers have been suspended by the California Franchise Tax Board and/or the Secretary of State for any reason, with respect to that party, of the applicable Revenue & Taxation Code.
Further, all parties appearing in this action, are deemed to have stipulated to allow the insurance carrier(s) of any named defendant or cross-defendant whose corporate powers have been suspended for any reason to the any applicable Revenue & Taxation Code, to intervene in this action pursuant to the Code of Civil Procedure, § 387, and to file a complaint-in-intervention in the name of its insured defendant or cross-defendant.
C. Parties Deemed to Have Cross-Complained and Answered.
a. Notice of Appearance. Any party appearing in this matter may serve a Notice of Appearance in lieu of filing and serving an answer to any complaint or cross-complaint in this matter. Service of the Notice of Appearance shall be in accordance with the time for service of an answer set forth in the California Code of Civil Procedure, and shall identify the party and the name, address, telephone numbers, fax numbers, and internet e-mail address (if available) of counsel for the party. The fact that fax numbers and e-mail addresses have been provided does not constitute an agreement by any party to accept service of any document by facsimile or e-mail.
Any party entering the case for the first time wishing copies of any prior pleadings or discovery shall obtain the same from the document depository.
b. Answer, General Denial, and Affirmative Defenses. All defendants and cross-defendants appearing in this action, with the exception of professionals for whom a Certificate of Merit is required under Code of Civil Procedure § 411.35, are deemed to have answered and generally denied the allegations in the Complaint and all cross-complaints.
c. Deemed Cross-Complaint. All defendants and cross-defendants are deemed to have filed and served cross-complaints for implied and equitable indemnity, apportionment of fault and declaratory relief against one another, unless an “Election Not to Assert a Deemed Cross-Complaint” is filed and served by a party. Parties represented by common counsel shall not be deemed to have cross-complained against one another.
d. Complaint or Cross-Complaint for Express Indemnity. Complaints or cross-complaints for express indemnity must be filed and served in accordance with the Code of Civil Procedure.
e. Answer to Complaint or Cross-Complaint for Express Indemnity. All complaints or cross-complaints for express indemnity must be answered separately.
f. Complaints and Cross-Complaints Requiring a Certificate of Merit. Pursuant to Code of Civil Procedure § 411.35, complaints or cross-complaints against professionals for whom a Certificate of Merit is required pursuant to said section shall be accompanied by a Certificate of Merit by each party asserting any such complaint or cross-complaint.
g. Answer to Complaints and Cross-Complaints Requiring a Certificate of Merit. All complaints or cross-complaints filed and served against any and all professionals for whom a Certificate of Merit is required under Code of Civil Procedure § 411.35 must be answered separately by said professional, in accordance with the Code of Civil Procedure.
h. Dismissals of deemed cross complaint. The party seeking dismissal of all deemed cross-complaints shall obtain a fully executed Request for Dismissal from the primary complaining party which initially named and brought the party seeking dismissal into the litigation and shall serve a written notice on all other parties titled "Notice of Dismissal by Primary Complaining Party and Request for Dismissal of All Deemed Cross-Complaints," attaching a copy of the Request for Dismissal from the primary complaining party as an exhibit.
i. Objection to Dismissal of Cross-Complaint. If an objection to its deemed cross-complaint being dismissed is timely filed and if the party seeking dismissal disagrees with the objection filed by the deemed cross-complainant, it may seek dismissal of the deemed cross-complaint by motion for summary judgment, through a good faith settlement application or motion, or pursuant to any other procedure available under the law.
6. ADDITIONAL INSURED MEETING
A meeting between THE WALTON COMPANY and all insurance carriers which have or which may have additional insured obligations to any party in this case will be conducted on or before August 31, 2001.
7. DISCOVERY IN GENERAL
A. Discovery Stayed Until January 28, 2002. Except as otherwise noted below, all discovery in this matter is stayed until January 28, 2002. Any party may apply to the Court for an order allowing earlier discovery upon a showing of good cause.
B. Document Depository. A Document Depository shall be established at Paulson’s Reporting Service, 11400 West Olympic Boulevard, Suite 140,Los Angeles, CA 90064 (310) 473-9003. All parties to this action are directed to include the document depository on their service list so that copies of all pleadings and discovery may be obtained upon written demand. The Document Depository Coordinator shall be an employee of the Depository.
C. No Stay as to Third Party Discovery. Discovery shall not be stayed as to the depositions and Public Records Act requests of individuals and entities not parties to this litigation.
A copy of any and all documents obtained through such third party discovery shall be deposited in to the Document Depository within 10 days of receipt, with notice to all parties as provided herein with respect to the deposit of other documents.
8. WRITTEN DISCOVERY
A. Plaintiff Homeowner Association Interrogatories. Within thirty-five (35) days of the execution of this order (September 17, 2001) or within thirty-five (35) days of appearance in the action, whichever is later, the Plaintiffs shall respond to the Interrogatories, a copy of which is attached as Exhibit “A” and shall serve the response on all parties and on the Document Depository as required herein. Plaintiff shall also respond to the interrogatories in Exhibit “F”.
B. Documents To Be Deposited In The Depository. Within thirty-five (35) days after execution of this Order (September 17, 2001), or within thirty-five (35) days of appearance in the action, each party shall provide to the Depository all non-privileged documents, including oversized and color documents, relating to the subject real properties, as described below. Documents deposited shall be deposited with a verified Notice of Compliance, in accordance with the Document Requests set forth in Exhibit “B” (attached hereto and incorporated herein by this reference).
a. Later appearing parties. Any party appearing in this action after the date of service of this Order shall deposit all documents and tangible items in accordance with the procedures set forth in this Order within thirty-five (35) days after service of the Notice of Appearance and/or responsive pleading required by this Order.
b. Continuing Obligation. All parties are under a continuing obligation to deposit all non-privileged responsive documents discovered after the initial production. In the event that a party subsequently discovers documents, that party shall follow the same procedure set forth herein. If it becomes necessary for any part to supplement its document deposit, the party must file a Supplemental Notice of Compliance.
All documents so deposited pursuant to this section are not protected pursuant to Evidence Code § 1119 or §1152.
c. Copying and Indexing. The Depository shall copy and index the documents and shall maintain them for review.
d. Notice of Compliance. All parties shall serve a verified “Notice of Compliance,” within two (2) court days of depositing documents pursuant to the Document Requests set forth in Exhibit “B”. The Notice shall contain an index, with a general description of the documents produced. Each party will be assigned an alphabetical code to be used with Bates numbering. To the extent that documents are referred to, code and Bates Numbers may refer them to. (Attached, as Exhibit “C” is an index of each party and its abbreviation. Any party not listed in Exhibit “C” may use any two or three letter code that is not already being used by another party.)
e. Plans. As required by Exhibit “B”, each party shall deposit a copy of all sets of plans in its possession into the Document Depository. Each party shall also deposit any amendments to such plans, which are in its possession. All parties, if available, will deposit duplicates of vellums of all plans, in the Document Depository.
f. Cost of Compliance. The depositing party shall bear the costs of compliance with the deposit obligation. The fees for maintaining and utilizing the Depository shall be set by the Depository, except that the Depository must permit other copy services to copy documents deposited, using the other copy services' equipment, without charge. Fees for all parties shall be the same.
C. Statement of Work. Within thirty-five (35) days of execution of this order (September 17, 2001) or within thirty-five (35) days of appearance in the action, whichever is later, each party other than Plaintiffs and Developer Defendants, shall respond under oath to the Statement of Work, a copy of which is attached as Exhibit “D” and shall serve the response on all parties and on the Document Depository as required herein.
D. Statement of Insurance. Within thirty-five (35) days of service of this order (September 17, 2001) or within thirty-five (35) days of appearance in the action, whichever is later, each party other than Plaintiffs and Developer shall respond to the Statement of Insurance, a copy of which is attached as Exhibit “E” and shall serve the response on all parties and on the Document Depository as required herein.
E. Special Interrogatories. Within thirty-five (35) days of service of this order (September 17, 2001) or within thirty-five (35) days of appearance in the action, whichever is later, each party other than Plaintiffs and Developer shall respond to the Interrogatories, a copy of which is attached as Exhibit “F” and shall serve the response on all parties and on the Document Depository as required herein.
F. Special Interrogatories to Plaintiff and Developer Regarding Repairs
Within 35 days of the execution of this Order (September 17, 2001), Plaintiff and Developer shall respond, individually, to the Special Interrogatories regarding repair contained in Exhibit “H”.
9. DEPOSITIONS
A. Percipient Witness and PMK Depositions. Percipient witness and PMK depositions may proceed as provided by the Code of Civil Procedure beginning February 2, 2002 to the discovery-cut off deadline pursuant to the Code.
B. Designation of persons most knowledgeable (PMK). On or before January 28, 2002, all parties shall deposit into the Document Depository and serve on all parties, its Designation of Person(s) Most Knowledgeable, as to the plaintiff's claims herein, contracts, insurance, work performed on the subject properties, materials supplied and/or services rendered in connection with the design, development, construction, maintenance, and repair of the subject properties, which is the subject of this action.
Said designation shall provide the name, title, last known address, and telephone number of each person that party has designated as person(s) most knowledgeable, and shall state whether that person is currently employed by the designating party.
C. Notice of Inability to Comply. If a party is unable to identify any person most knowledgeable with respect to their involvement in this action, the party shall deposit in the Document Depository and serve on all parties a Notice of Inability to Comply, to include a declaration by counsel of the non-complying party stating in detail the reasons for the party's inability to designate a person most knowledgeable.
D. Court Reporter. On or before January 28, 2002 the parties shall select a Court Reporter for this matter. The criteria shall include: location (depositions shall not be taken outside the County in which this matter is venued, unless otherwise provided for by the Code of Civil Procedure); price of services; ability to manage the deposition calendar, including e-mail and facsimile schedule changes; turn-around time for electronic drafts; turn-around time for certified copies; experience in construction defect actions.
E. Percipient Witness Depositions.
a. Master Schedule for Percipient Witness Depositions. All depositions of percipient witnesses shall begin on February 11, 2002 conclude before the discovery-cut off deadline pursuant to the Code. All notices requesting depositions of percipient witnesses that have not been designated as person(s) most knowledgeable by any party shall be served on all parties no later than February 4, 2002.
The order of depositions shall be determined by a meet and confer concurrently with mediation. The order shall be Plaintiffs; Developer Defendant(s); then subcontractor Cross-Defendants the unavailability of a witness or witnesses for a party does not mean that the depositions of other witnesses shall be delayed. The developer Defendant shall establish a Master Schedule, within the guidelines set forth herein. The Special Master/Discovery Referee shall resolve any disputes regarding the deposition schedule.
The Court Reporter shall publish and serve a master schedule to all parties on or before April 1, 2002.
b. Subpoena of Non-Party Percipient Witnesses. Any party, who has requested to take the deposition of a percipient witness who is not currently employed by a party and who is not designated as a person most knowledgeable, shall have the obligation to the secure the witness' obligation to testify by serving a subpoena on that particular witness.
c. Objections to Master Schedule. Any party objecting to the master schedule shall serve its objection within five (5) days of the date of service of the master schedule (April 5, 2002). All objections shall include at least three (3) alternate dates the deponent will be available for deposition, and said dates must be within a ten (10) day period of the date(s) originally scheduled for deposition.
10. EXPERT DISCOVERY
A. Designations. Initial expert witness designations and declarations shall be exchanged on March 11, 2002, in accordance with the requirements of California Code of Civil Procedure §2034.
B. Supplemental Designations. Supplemental expert witness designations and declarations shall be exchanged March 25, 2002, in accordance with California Code of Civil Procedure §2034.
C. Protocol for Expert Depositions. Expert depositions shall commence on April 8, 2002 and shall be concluded in accordance with the provisions of the California Code of Civil Procedure. Each party’s expert witness shall be prepared to give full and complete testimony notwithstanding the opinion held by any other expert in the case. No party shall be required to present their expert for deposition before any other party except as required by Code or pursuant to stipulation.
D. Deposit of Expert Files. Ten days before the deposition of each expert, the party retaining said expert shall deposit all discoverable reports and writings of their experts as described in California Code of Civil Procedure, Section 2034(a)(3) into the Document Depository. Such documents shall include, but are not limited to, legible copies of a current resume or curriculum vitae, all reports, all photographs (reprints or color laser copies), all videotapes, all notes, all test data and results, and all non-privileged correspondence in each expert's file. Each deposit of the documents described in this paragraph shall be accompanied with a Notice of Compliance referencing the deposit of the documents described in this paragraph. Also, an index describing the documents deposited shall be included in the Notice of Compliance. All deposited documents shall be consecutively Bate-Stamped with a code to be assigned by the Document Depository.
E. Production of Expert’s Complete File at Deposition. Each expert shall produce at their deposition, their entire discoverable file, and every writing they have referred to in relying on in forming their opinion(s).
F. Master Expert Witness Deposition Schedule. The order of expert depositions shall be by trade group and specialty, in this recommended order: 1) Architect 2) Soils; 3) Structural; 4) Electrical; 5) All others; 6) Cost Estimator. The order may be changed by a meet and confer. The order of experts shall as follows: Plaintiff; Developer Defendant; and subcontractor Cross-Defendants. The unavailability of a witness or witnesses does not mean that the depositions of other witnesses shall be delayed. The developer Defendant will establish a Master Schedule within the guidelines set forth herein. The Special Master/ Discovery Referee shall resolve any disputes regarding the deposition schedule.
G. Objections to Master Schedule. Any party objecting to the master schedule shall serve its objection within five (5) days of the date of service of the master schedule. All objections shall include at least three (3) alternate dates the deponent will be available for deposition, and said dates must be within a ten (10) day period of the date(s) originally scheduled for deposition.
H. Fees and Costs. For each session of an expert witnesses' deposition, the costs of the expert witnesses' fees and the original transcript of the deposition will be shared based on the duration of questioning by any party asking questions at the deposition. Said fees shall be paid directly to the deponent at the conclusion of each day of testimony, unless other arrangements are made with the deponent.
11. SPECIFICATION AND IDENTIFICATION OF DEFECTS.
A. Preliminary Defect List. On or before August 27, 2001, plaintiffs shall deposit in the Depository a Preliminary Defect List. The list shall include:
a. Description of Alleged Defect. A specific description of each alleged defect, which has been discovered as of the date of the preliminary defect list;
b. Location(s) of Alleged Defect. The location(s) of each alleged defect (by address, or in connection with the common areas, with sufficient particularity to allow parties to locate each defect. The Preliminary Defect List shall be subject to the protection of Evidence Code § 1119, unless plaintiffs or their counsel waives this protection.
B. Final Defect Report and Cost of Repair. On or before September 24, 2001, Plaintiffs shall deposit in the Depository a Discoverable Final Defect Report and Cost of Repair, and serve same on all parties, or (if voluminous) notice of deposit thereof, on all parties. The Final Defect List shall be admissible in evidence at the trial of this matter and shall not be privileged or protected by Evidence Code §§ 1152 or 1152.5 and shall not become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation. The Final Defect List shall disclose on the face of the document the name of each and every expert, retained by proffering party, whose opinion forms the basis of the information contained therein. For evidentiary purposes, the Final Defect List shall be the equivalent to responses to written interrogatories. The purpose of the Final Defect List is to provide all parties with a full and complete notice of Plaintiffs’ claims in timely manner in preparation for mediation and/or trial.
a. Final Statement. The Final Defect List shall constitute a final statement of the Plaintiffs’ claims being asserted in the litigation and the trial court will exclude from evidence at trial any evidence of claims or damages not set forth on the Final Defect List. The Final Defect List shall be as complete and straightforward as the information reasonably available to Plaintiffs permits.
b. Leave to augment or modify the Final Defect List. Plaintiff will be required to seek leave to augment the Final Defect List to the extent it is seeking to add a new type or class of defect not previously identified on the Final Defect List or add a new theory or measure of damages with respect to any previously identified defect (hereinafter a “Material Addition”). Leave to augment (or withdrawal a claim from) the Final Defect List with a Material Addition must be sought on a properly noticed motion to the court. The Court shall grant leave to augment or amend the Final Defect List only after a finding that Plaintiffs: (1) could not in the exercise of reasonable diligence have determined to include or remove the item(s) from the Final Defect List; or (2) failed to included the item or included the item(s) sought to be removed as a result of mistake, inadvertence, surprise or excusable neglect, provided that the moving party has sought leave to augment or amend promptly after discovery of the item(s) and has promptly thereafter served a copy of the proposed Second Final Defect List upon all parties. The court will take into account the extent to which the party opposing the motion will suffer in the event leave to augment or withdraw is granted.
To the extent Plaintiff seeks to modify the Final Defect List with anything other than a Material Addition (by way of example, changing pricing or identifying additional locations where a previously identified defect occurs), Plaintiff shall not be required to seek leave to augment the Final Defect List, provided, however, that Plaintiff provides written notice of the modification within ten days of its counsel becoming aware of the modification and also provides any Defendant or Cross-Defendant the opportunity to conduct further inspections of the property impacted by the addition. Nothing contained herein shall preclude any party from making a motion to exclude reference to items not contained on the original Final Defect List on the grounds that plaintiff failed to comply with the terms of this order.
c. Final Defect List. The verified Final Defect List shall include the following:
1. A description of the nature of each alleged defect;
2. The location of each alleged design or workmanship defect, including the building number and unit number, and the particular area within any unit or common area where each alleged defect is present; and
3. Plaintiffs' contentions as to the cause of each alleged defect.
4. Plaintiffs’ contentions as to the resultant damage caused by each alleged defect.
12. INSPECTIONS AND TESTING.
A. Non-Invasive Inspection. On September 26, 2001, the Defendants and Cross-Defendants may perform non-invasive inspections of the units and common areas. Any and all party representatives, consultants and parties have the right to attend.
B. Plaintiffs’ Invasive Testing. Plaintiffs’ invasive testing of Plaintiffs’ homes has been completed, but if additional invasive testing is required due to the death of its lead expert, it will be conducted by August 22, 2001. Plaintiffs’ counsel shall serve an invasive testing schedule at least five days prior to the first day of testing (August 17, 2001) specifying the general nature and location of the invasive testing to be performed as well as the dates and times when the testing is scheduled to take place.
C. Defense Invasive Testing. Defendants and/or cross-defendants shall conduct invasive testing on any of the subject properties between October 22, 2001 and October 26, 2001. Any Defendant or Cross-Defendant desiring to perform invasive testing shall submit notice of said request to all parties by facsimile or personal delivery specifying the nature of the testing proposed and units sought to be tested, no later than October 8, 2001. Any party failing to request destructive testing in the manner specified above shall be deemed to waive its right to conduct it. Plaintiffs shall coordinate the dates of such tests, in order to minimize cost and inconvenience to the homeowners and counsel.
D. Time and Manner of Tests. Invasive testing by all parties shall occur between Monday and Friday, holidays excluded. The party conducting destructive testing (“conducting party”) shall pay for the testing. Any party, its counsel or its expert can passively observe without any payment.
E. Repair by Testing Party. The conducting party shall repair, restore, and clean the Property dismantled or exposed during the invasive testing, and return it to the condition in which it existed before the testing within twenty-four (24) hours. The requesting party shall also protect the property from the effects of inclement weather until it is restored to its pre-test condition.
F. Plaintiffs’ Repairs. Plaintiffs will give facsimile notice to all parties of any repair undertaken to any of the properties, which are the subject of this case. In exigent circumstances, notice shall be given as soon as possible, but plaintiffs need not await parties’ response. The notice shall include an explanation of the nature of the repairs performed. In non-exigent circumstances, plaintiffs will give five (5) calendar days’ notice to defendants.
13. MEDIATION.
A. Mediation Deemed to Be Settlement Conference. All mediation sessions are deemed to be Mandatory Settlement Conferences of this court, and subject to the requirements of Los Angeles County Superior Court Rules, unless waived by the Mediator.
B. Confidentiality and Non-admissibility. All mediation sessions shall be confidential. All matters exchanged or discussed at or in connection with mediation shall be inadmissible at trial, pursuant to Evidence Code § 1119.
C. Mediation Dates. Mediation shall occur in two rounds, on the dates set forth in this Paragraph, unless the Mediator or the Court for good cause shown changes these dates. The Round 1 date is the week of December 10, 2001. The Round 2 date is the week of January 21, 2002.
14. DEVELOPER DEMANDS
The developer defendant’s attorneys are to serve confidential written settlement demands on all subcontractors, material supplier, and design professional defendants and cross-defendants no later than November 19, 2001. Said settlement demands shall be specific with regard to the defect items allocated and the percentage of the allocation of each item. Copies of the same shall be provided to the Mediator/Settlement Referee. These documents shall be protected by Evidence Code §1119 and §1152.
A timeline outlining significant dates and deadlines as set forth in this Order is attached hereto as Exhibit “G” and incorporated herein by this reference.
IT IS SO ORDERED:
DATED: _________ ____________________________
JUDGE OF THE SUPERIOR COURT
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Current Employer-Title |
Ross R. Hart, P.C. - Self-employed |
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Profession |
Arbitrator, Mediator, Referee |
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Work History |
Arbitrator, Mediator and Referee, Self-employed, 1995-present; Partner, Irsfeld, Irsfeld & Younger, 1980-94; Associate, Irsfeld, Irsfeld & Younger, 1976-79. |
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Experience |
As a full-time neutral, 80% mediation, primarily as special master appointed by courts in complex, multi-party construction defect cases, 20% arbitration of commercial or construction disputes. As attorney, 50% construction litigation, 25% products liability litigation and 25% commercial and real estate litigation. Prior to commencing practice as a full-time neutral, practiced law for 18 years. In addition, served as national liaison counsel for products liability claims against a major manufacturer of a variety of commercial, consumer and military products, and handled direct defense of California claims against the company involving a wide variety of products including automotive brake linings containing asbestos. |
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Representative Cases Handled as Mediator |
Served as court-appointed mediator and globally settled claims brought by owners of 115 single family residences against a developer and approximately 50 subcontractors, for property damage and bodily injury arising from alleged design and construction defects and fraud. A significant portion of the plaintiffs claimed personal injury resulting from exposure to molds and fungus present in the homes as a result of severe water intrusion. Claims exceeded $40 million. Continues to serve as arbitrator of disposition of portion of settlement fund set aside for injured minors. Global settlement amount strictly confidential. Served as mediator in global settlement of claims brought by 112 beachfront property owners against cliff-top ranch owners. The claims were filed following a massive landslide that crushed homes and impacted property values due to ongoing geologic hazard. Global settlement amount strictly confidential. Served as special master in claim for construction defects by a condominium homeowners association against developers, general contractor, subcontractors and design consultants. The case involved more than 40 parties and scores of insurance carriers. Global settlement of $12 million. Served as special master in a case brought by a homeowners association involving 1,200 luxury homes for damages to common area slopes arising from multiple landslides and attack of concrete structures by sulfates. Confidential settlement. |
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Multi-Party Dispute Resolution Experience |
Served as court-appointed special master (case manager, mediator and discovery referee) pursuant to Case Management Orders (CMOs) in over 100 complex, multi-party construction cases. A typical case involves claims in excess of $5 million and more than 30 parties. Causes of action typically include strict liability for defective product and negligence. As special master, manages the exchange of information including destructive testing, expert meetings and document production; mediates the disputes between the parties and among dozens of primary insurance and excess insurance carriers; and resolves formal discovery disputes. Claims in such cases to date exceed $500 million and settlements exceed $100 million. |
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Alternative Dispute Resolution Experience |
Extensive experience in mediation of disputes, both as advocate and as mediator over last ten years. Mediation experience includes: construction, commercial, real estate, environmental and personal injury. National Mass Torts Panel and President's Panel of Mediators, AAA. Voluntary Settlement Officer, Los Angeles Superior Court. Mediator (CRC 1632), Los Angeles Superior Court. Arbitrator of over 100 construction and commercial disputes including many complex, multi-party disputes involving claims exceeding $2 million over last 18 years. Arbitrator in disputes involving Olympic athletes and Amateur Athletic Federations (1998 and 1992 Olympics). Extensive experience as an advocate representing parties in commercial and construction arbitrations. Umpire in fire and earthquake first-party casualty claim appraisal disputes. Regularly appointed by Los Angeles, Orange, Riverside and Ventura County Superior Courts as Referee/Special Master in complex, multi-party construction disputes. Formulation and implementation of case management orders and resolution of discovery disputes. Parallel management of mediation efforts. Certified Arbitrator, California Public Works Contract Arbitration Panel. Member, American Arbitration Association Center for Mediation Judicial Task Force and Large Complex Case Panel; recipient, AAA Distinguished Service Award, 1991; member, Commercial Arbitration and Mediation Center for the Americas Multi-National Panel of Arbitrators for resolution of NAFTA disputes; member, CalTrans Dispute Review Board. |
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Alternative Dispute Resolution Training |
AAA/USATF Doping Grievance Arbitrator Training, Los Angeles, 5/00; AAA Commercial Arbitrator Training, Los Angeles, 3/00; Faculty, AAA Mass Tort Arbitrator Training, Washington, DC, 9/97; Faculty, AAA Hearing Chair Training, Los Angeles, 12/93; Faculty, AAA Hearing Chair Training, Los Angeles, 3/92; Faculty, AAA Advanced Arbitrator Training, Los Angeles, 10/91; Faculty, AAA Advanced Training in Commercial and Construction Arbitration, Los Angeles, 1991, 1990; Faculty, AAA Resolving Construction Disputes: Procedures, Practical Application, Los Angeles, 1990; U.S. Army Corps of Engineers, Partnering Facilitator Training. |
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Professional Licenses |
Admitted to the Bar: California, 1976; U.S. District Court, District of California, 1976. |
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Professional Associations |
Los Angeles County Bar Association (Arbitration and ADR Commitee); American Bar Association (Committee on Manufacturers' Liability Litigation); Society of Professionals in Dispute Resolution; Southern California Mediation Association; International Conference of Building Officials. |
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Education |
University of California at Los Angeles (BA, Latin American Studies, cum laude-1973); Loyola University (JD, cum laude-1976). |
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Awards and Honors |
West Coast Casualty's Jerrold S. Oliver Award of Excellence, 1996; American Arbitration Association Distinguished Service Award, 1991. |
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Publications and Speaking Engagements |
"Settlement Negotiations for Condominium-Defect Disputes-Will Civil Code Section 1375 Stem the Flow of Lawsuits?" LOS ANGELES LAWYER, July/August 1996; contributing editor, SHEPARD'S CALIFORNIA CONSTRUCTION LAW REPORTER; "Reference for Discovery and Case Management in Complex Construction Defect Litigation: Parallel Mediation Efforts," SHEPARD'S CALIFORNIA CONSTRUCTION LAW REPORTER, vol. 5, no. 1, February 1995; "Improving Your Chance of Success During Construction Mediation," chapter, ADR: A PRACTICAL GUIDE TO RESOLVE CONSTRUCTION DISPUTES, Dispute Resolution Journal, December 1992 and Kendall/Hunt Publishing Company, 1994; "Discovery in Arbitration: A Return to Reason," CALIFORNIA LITIGATION, Journal of the Litigation Section, State Bar of California, Spring 1994. |
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References |
Keith Bremer, (949) 221-1000; Richard Glucksman (310)207-7722. |
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Fees |
$550/hr Mediator Compensation; $75/hr AAA Administrative Fee. Cancellation fee: Mediations cancelled or rescheduled for any reason within 21 days of the scheduled date, then fee equal to the amount of time reserved. |
The term “YOU” and “YOUR” mean the party responding to these interrogatories and include all of its present or former officers, directors, members, partners, joint ventures, representatives, or employees, and each of its predecessors, or successors, or affiliated entities, and all persons, acting on behalf or under its direction or control.
The term “COMPLAINT” means the Complaint filed in this action by the plaintiff in the above-captioned action.
The term “SUBJECT MATTER OF THE ACTION” means all alleged facts, omission, occurrences, circumstances, agreements, defects, deficiencies, conditions, claims, and damages referred to in the COMPLAINT, or any cross-complaint filed in this action. Unless otherwise ordered by the Court, each answer to these interrogatories shall consist of all non-privilege and non-protected responsive information relevant to the SUBJECT MATTER OF THE ACTION.
The terms “PROPERTY” and “PROJECT” interchangeably means the senior citizen housing development located at 14567 Dickens Street in Sherman Oaks, California, including, but not limited to individual units and common area and as referred to in the COMPLAINT.
The term “DESIGN AND/OR CONSTRUCTION DEFECT” means any alleged defect(s), deficiency(ies), or omission(s) occurring or
existing in the planning, design, construction, alteration, repair, or remediation of the PROPERTY, or the designing, installation, or manufacture of any component of or material used in the construction, alteration, repair, or remediation of the PROPERTY.
The term “DOCUMENT(S)” means any “writing” or “writings” as defined in Evidence Code, Section 250 that are not privileged, or otherwise protected pursuant, but not limited to, California Code of Civil Procedure, Sections 2018 and 2034. The term DOCUMENT(S) also specifically includes the drafts of any document, whether sent out or not, any original or preliminary notes, and any information stored on computer. As to each document or other tangible item, any comment or notation appearing on the same, but not part of the original text is to be considered a separate document or other tangible item.
The term ”SUBJECT TIME PERIOD” means the time period from the time construction began on the PROPERTY to the date of YOUR response thereto. Unless otherwise specified, the SUBJECT TIME PERIOD shall apply to each of these interrogatories.
SPECIAL INTERROGATORIES FOR PLAINTIFF SHERMAN OAKS SENIOR CITIZEN HOUSING CORPORATION:
SPECIAL INTERROGATORY NO. 1:
State the names of all persons you have had contact with who were employed or retained by THE WALTON COMPANY (hereinafter “Developer”).
SPECIAL INTERROGATORY NO. 2:
When did you purchase your PROPERTY?
SPECIAL INTERROGATORY NO. 3:
SPECIAL INTERROGATORY NO. 4:
If you did not purchase your PROPERTY from the Developer, from whom did you purchase your property?
SPECIAL INTERROGATORY NO. 5:
What was the total purchase price of your PROPERTY (include mortgages, down payments, and allowances)?
SPECIAL INTERROGATORY NO. 6:
What is your monthly mortgage payment?
SPECIAL INTERROGATORY NO. 7:
Who is your mortgage lender?
SPECIAL INTERROGATORY NO. 8:
Did you purchase your PROPERTY using any special programs (for example, a VA LOAN)?
SPECIAL INTERROGATORY NO. 9:
If your answer to 9 is YES, describe the special program.
SPECIAL INTERROGATORY NO. 10:
Have you ever rented or leased your PROPERTY?
SPECIAL INTERROGATORY NO. 11:
If your answer to 11 is “YES”, what was the amount of the monthly rent or lease?
SPECIAL INTERROGATORY NO. 12:
Have you ever refinanced your PROPERTY?
SPECIAL INTERROGATORY NO. 13:
If your answer to 13 is “YES”, what was the purpose of refinancing the PROPERTY?
SPECIAL INTERROGATORY NO. 14:
Have you ever had your PROPERTY appraised?
SPECIAL INTERROGATORY NO.17 :
Describe specifically and in detail any and all interior and exterior improvements or alterations made to your PROPERTY since the date of purchase, including but not limited to, structural alterations, alterations to the balconies and/or drainage and irrigation systems in planters, etc.
SPECIAL INTERROGATORY NO. 18:
Identify, give the exact location of, and state the date you first discovered, each and every alleged defect on your PROPERTY.
SPECIAL INTERROGATORY NO. 19:
Identify the nature, date, and cost, if known, of each and every repair YOU made to your PROPERTY, and the name, address and telephone number of the person who made the repair, if known.
SPECIAL INTERROGATORY NO.20:
For each attempt, if any, to correct any works that YOU contend is defective describe precisely the nature of the repair. SPECIAL INTERROGATORY NO. 21:
For each attempt to correct any work that YOU contend is defective described in YOUR response to special interrogatory no. 20 above, state the cost thereof.
SPECIAL INTERROGATORY NO. 22:
For each attempt to correct any work which YOU contend is defective described in YOUR responses to special interrogatory no. 20 above state the date(s) on which the corrective work was performed.
SPECIAL INTERROGATORY NO. 23:
For each attempt to correct any work that YOU contend is defective described in YOUR response to special interrogatory no. 20 above, IDENTIFY the PERSON(s) and/or entity(ies) which performed the corrective work.
SPECIAL INTERROGATORY NO. 24:
For each attempt to correct any work which YOU contend is defective described in YOUR response to special interrogatory no. 20 above, describe the defective condition to which the attempt to correct was made.
SPECIAL INTERROGATORY NO.25 :
For any repair that has failed, please identify any subsequent repair efforts, which have been undertaken.
SPECIAL INTERROGATORY NO.26 :
IDENTIFY the persons(s) who is the most knowledgeable as to the facts and contentions YOU have provided in your responses to Special Interrogatory Nos.1-25 above.
SPECIAL INTERROGATORY NO.27 :
IDENTIFY all persons you have had contact with who were employed or retained by GAF Materials Corporation (“GAFMC”).
SPECIAL INTERROGATORY NO.28 :
IDENTIFY each communication with or notice provided to GAFMC concerning any leaks in the PROPERTY ROOF, any alleged breach of warranty with respect to the PROPERTY ROOF, or any other alleged problems with the PROPERTY ROOF. Your response should include the date of the communication the parties to the communication, the substance of the communication and a description of all documents relating to the communication.
SPECIAL INTERROGATORY NO.29:
State whether you or any tenant of the PROPERTY has sustained damage to personal property or other property, as a result of any alleged defects in the PROPERTY ROOF. If so, describe the nature of any such damage and state when it was sustained or incurred.
SPECIAL INTERROGATORY NO.30 :
State the date and location of each leak that allegedly has been experienced with respect to the PROPERTY ROOF (by building, unit number or other information sufficient to allow the location of the leak to be determined with reasonable certainty.) With respect to each such leak, describe any repairs that were made and identify the person performing the repairs.
SPECIAL INTERROGATORY NO.31 :
State the date when you first discovered each and every alleged defect in the PROPERTY ROOF.
The term “YOU” and “YOUR” mean the party responding to these requests for production of documents and include all of its present or former officers, directors, members, partners, joint ventures, representatives, or employees, and each of its predecessors, or successors, or affiliated entities, and all persons, acting on behalf or under its direction or control.
The term “COMPLAINT” means the Complaint filed in this action by the plaintiffs in the above-captioned action.
The term “SUBJECT MATTER OF THE ACTION” means all alleged facts, omission, occurrences, circumstances, agreements, defects, deficiencies, conditions, claims, and damages referred to in the COMPLAINT, or any cross-complaint filed in this action. Unless otherwise ordered by the Court, each answer to these interrogatories shall consist of all non-privilege and non-protected responsive information relevant to the SUBJECT MATTER OF THE ACTION.
The terms “PROPERTY” or “PROJECT” means the real property located at what is entitled in the COMPLAINT as a senior citizen condominiums located 14567 Dickens Street in Sherman Oaks, California, including all individual units, common areas, buildings and other improvements related thereto.
The term “DESIGN AND/OR CONSTRUCTION DEFECT” means any alleged defect(s), deficiency(ies), or omission(s) occurring or existing in the planning, design, construction, alteration, repair, or remediation of the PROPERTY, or the designing, installation, or manufacture of any component of or material used in the construction, alteration, repair, or remediation of the PROPERTY.
The term “DOCUMENT(S)” means any “writing” or “writings” as defined in Evidence Code, § 250 that are not privileged, or otherwise protected pursuant, but not limited to, Code of Civil Procedure, §§ 2018 and 2034. The term DOCUMENT(S) also specifically includes the drafts of any document, whether sent out or not, any original or preliminary notes, and any information stored on computer. As to each document or other tangible item, any comment or notation appearing on the same, but not part of the original text is to be considered a separate document or other tangible item.
The term ”SUBJECT TIME PERIOD” means the time period from the time construction began on the PROPERTY to the date of YOUR response thereto. Unless otherwise specified, the SUBJECT TIME PERIOD shall apply to each of these interrogatories.
DOCUMENTS AND TANGIBLE THINGS
1. Any and all contracts, agreements, notes, correspondence, photographs, diagrams, plans, specifications, vellums, blueprints, brown lines, calculations, journals, purchase orders, change orders, extras, addenda, reports (including reports prepared by experts and design professionals for the original construction or repairs and excluding reports protected by Code of Civil Procedure, § 2034), photographs, videotapes, job diaries, job files, project files, site records, lot files, daily job logs, field orders, superintendent reports, requests for clarification, punch lists, sign-off sheets, building permits, inspection records, City or County Inspector punch lists and sign-off sheets, writings, and any and all other writings relating to the design, construction, repair, and/or maintenance of the PROJECT at any time up to and including the present.
2. Any and all notices of completion for all work performed on the PROJECT.
3. Any and all certificates of occupancy for the PROJECT.
4. Any tangible items removed from the PROJECT pursuant to any repair or remediation work or activities, or destructive testing, relating to the SUBJECT MATTER OF THE ACTION, including plumbing fixtures, electrical components, construction materials, or any other materials or objects.
5. Any and all DOCUMENTS, which represent, refer to, or relate to complaints from any person or entity concerning any alleged DESIGN AND/OR CONSTRUCTION DEFECT identified in the COMPLAINT, including but not limited to any warranty claims.
6. Each and every DOCUMENT, correspondence or memoranda that supports YOUR contention that any party was negligent in the work performed by it at the PROJECT.
7. All invoices, receipts, billing sheets, accounting records, and payment records relating to any work or services performed on or materials supplied to the PROJECT.
8. Any and all DOCUMENTS, which reflect, refer to, or relate to any maintenance, repair or remediation work performed by YOU on any areas of the PROJECT, which YOU contend, was required by the alleged defective workmanship of any other party.
9. All purchase agreements, offers, counter-offers, disclosure statements, escrow instructions, proposals, memoranda, correspondence, notes, advertisements, marketing materials, and/or any other records prepared by or for any party relating to the transfer of title of the properties located at the PROJECT including, but not limited to, any such item you intend to rely on regarding liability or damages in this action.
10. Any and all plans, specifications, contract proposals, bids, contracts, agreements, invoices, purchase orders, change orders, addenda, accounting records, job diaries, writings, and any other writings related to any and all alterations, modifications, improvements and/or additions to any portion of the subject properties.
11. All insurance information, as is permissible to discover under Code of Civil Procedure §2017, including policies and certificates of insurance, for all vendors, maintenance companies, repair companies, or others that have performed work on plaintiffs’ properties.
12. All photographs and videotapes which depict the condition of the properties at any time including, but not limited to, photographs and videotapes where the property is in the background and/or of repairs or defects at the properties.
13. All documents and items identified in your responses to the Special Interrogatories required by the Case Management Order.
14. All documents and items, which provide facts or information upon which you intend to, rely as to your position regarding liability and/or damages in this action.
EXHIBIT C – INDEX OF ABBREVIATIONS
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A & M PLASTERING, INC. |
AMP |
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A M DRYWALL, INC. |
AMD |
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ANGELUS BLOCK CO., INC. |
ABC |
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BEST PRICE CARPETS |
BPS |
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BUILDING MATERIALS CORPORATION OF AMERICA [GAF MATERIALS CORPORATION] |
GAF |
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CHRISTIANSON ROOFING COMPANY |
CRC |
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C & R PLUMBING CO., INC. |
C&R |
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CALCON STEEL CONSTRUCTION |
CSC |
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CASE LAND SURVEYING, INC. |
CLS |
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CHRISTIANSON ROOFING CO., INC. |
CR |
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EIN GEV, INC. |
EG |
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GAYTON PAINTING |
GP |
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INSUL-CRETE |
IC |
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IRVINE WEST HEATING AND AIR CONDITIONING |
IWH |
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JO-JO ENTERPRISES, INC. |
JJE |
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KEITH DURAN HVAC AND SHEET METAL, |
KD |
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M.E NUNEZ ENTERPRISES AND M.E. NUNEZ |
MEN |
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PACIFIC STRUCTURAL CONCRETE |
PSC |
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PIONEER MASONRY, INC. |
PM |
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RUSS PERSHING CONSTRUCTION |
RPC |
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SAN GABRIEL INSULATION, INC. |
SGI |
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S & S PAVING, INC. |
S&S |
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WILLIAMS SPECIALTY COATINGS, INC |
WSC |
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YU-CAL DEVELOPMENT, INC. |
YCD |
1. Name of Party:
2. Name of Attorney:
3. Description of work performed:
4. Location of work performed:
5. Inclusive dates between which work was performed:
6. Identity of Person or entity with whom YOU contracted to perform the above-described work:
7. Did YOU supply materials?
8. If YOU supplied materials, describe the materials you provided:
9. If YOU supplied materials, identify the person or entity from whom or from which YOU purchased the materials:
10. Did you subcontract any of the work that was to be performed by YOU to another person?
11. If YOU did subcontract any of YOUR work to another, identify the person or entity to which YOU subcontracted:
12. If YOU did subcontract any of YOUR work to another, was that subcontract in writing?
EXHIBIT E – STATEMENT OF INSURANCE
1. Name of Party:
2. Name of Trial Attorney:
3. Name and address of Insurance Carrier(s):
4. Is Insurance primary?
5. Policy[ies] Number(s):
6. State whether the policy[ies] provide operations, completed operations and/or Broad Form Property Damage coverage.
7. Is the carrier defending pursuant to a reservation of rights?
8. Has coverage been denied?
9. Has coverage been revoked?
10. Date coverage was denied or revoked.
EXHIBIT F – CMO INTERROGATORIES
1. Are YOU a corporation? If so, please state:
(a) The name stated in the current articles of incorporation:
(b) All other names used by the corporation during the past 10 years and the dates each was used;
(c) The date and place of incorporation;
(d) The address of the principal place of business; and
(e) Whether YOU are qualified to do business in California.
2. Are YOU a partnership? If so, please state:
(a) The current partnership name:
(b) All other names used by the partnership during the past 10 years and the dates each was used;
(c) Whether YOU are a limited partnership and, if so, under the laws of what jurisdiction;
(d) The name and address of each general partner; and
(e) The address of the principal place of business.
3. Are YOU a joint venture? If so, please state:
(a) The current joint venture name:
(b) All other names used by the joint venture during the past 10 years and the dates each were used;
(c) The address of the principal place of business.
4. Are YOU an unincorporated association? If so, please state:
(a) The current unincorporated association name:
(b) All other names used by the unincorporated association during the past 10 years and the dates each was used;
(c) The address of the principal place of business.
5. Have YOU done business under a fictitious name during the past ten years? If so, please state:
(a) The name;
(b) The dates each fictitious name was used;
(c) The state and county of each fictitious name filing; and
(d) The address of the principal place of business.
6. Within the last five years, has any public entity registered or licensed YOUR business? If so, for each license or registration, please:
(a) IDENTIFY the license or registration;
(b) State the name of the public entity; and
(c) State the date of issuance and expiration.
7. At the time of the acts alleged in the complaint, was there in effect any POLICY OF INSURANCE through which YOU were or might be insured in any manner (for example, primary, pro rata, or excess liability coverage) for the damages claimed or actions, which have arisen out of the DAMAGES at the PROJECT? If so, for each policy state:
(a) The kind of coverage;
(b) The name and address of the insurance company;
(c) The name, address and telephone number of each named insured;
(d) The policy number;
(e) The limits of coverage for each type of coverage contained in the policy;
(f) Whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and
(g) The name, address and telephone number of the custodian of the policy.
8. Are you self-insured under any statute for the damages, claims or actions, which have arisen out of the DAMAGES at the PROJECT? If so, please specify the statute.
9. IDENTIFY in detail, including the name, last known address and telephone number, and dates of employment, of the PERSON(S) currently and/or formerly employed by YOU who are most knowledgeable regarding the negotiations for YOUR contract for the work and/or services YOU provided at the PROJECT.
10. IDENTIFY in detail, including the name, last known address and telephone number, and dates of employment, of the PERSON(S) currently and/or formerly employed by YOU who are most knowledgeable regarding the preparation of the proposal or bid submitted by YOU for the work and/or services YOU provided at the PROJECT.
11. IDENTIFY in detail, including the name, last known address and telephone number, and dates of employment, of the PERSON(S) currently and/or formerly employed by YOU who are most knowledgeable regarding work and/or services YOU provided at the PROJECT.
12. IDENTIFY every subcontractor YOU hired to perform work or to make improvements on the subject property.
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Acts to be Done |
Date |
Name and Serve Defendants and Cross Defendants
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9/24/2001 |
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Additional Insured Meeting with Developer |
8/31/2001 |
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Discovery Stayed until |
1/28/2002 |
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Plaintiff Homeowner Association Interrogatory responses due after CMO signed
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9/17/2001 |
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Plaintiff and Developer Repair Interrogatory Responses
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9/17/2001 |
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Standard Discovery Responses: Statement of Work Statement of Insurance Special Interrogatories Documents to be produced |
9/17/2001, or 35 days after appearance in the action |
Designation of persons most knowledgeable (PMK) |
1/28/2002 |
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Percipient Witness and PMK Depositions notices |
2/4/2002 |
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Percipient Witness and PMK Depositions begin |
2/11/2002 |
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Expert Witness Designations |
3/11/2002 |
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Supplemental Designations |
3/25/2002 |
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Deposit of Expert Witness Files |
See CMO |
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Plaintiffs’ Preliminary Defect List |
8/27/2001 |
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Plaintiffs’ Final Defect List and Cost of Repair |
9/24/2001 |
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Plaintiffs’ Show and Tell |
9/26/2001 |
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Non-Invasive Inspection |
9/26/2001 |
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Plaintiffs’ Invasive Testing |
8/22/2001 |
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Defense Invasive Testing. |
10/22/2001 to 10/26/2001 |
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Developer Demands to Subcontractors |
11/19/2001 |
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Mediation Round 1 |
Week of 12/10/2001 |
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Mediation Round 2 |
Week of 1/21/2002 |
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Expert Depositions |
4/8/2002 |
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Final Status Conference |
6/24/2002 |
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Trial |
7/29/2002 |
EXHIBIT H REPAIR INTERROGATORIES TO PLAINTIF AND DEVELOPER, TO BE ANSWERED INDIVIDUALLY BY EACH
SPECIAL INTERROGATORY NO. 1:
From 1995 to the present, did you perform any repairs at the Project? (For purposes of this and succeeding interrogatories, the term you and your shall mean and/or refer to, relate to or pertain to Plaintiff and to Defendant the Walton Associated Companies dba the Walton Company, its affiliated companies, predecessors, successors, agents, employees, subcontractors, and/or independent contractors. For purposes of this and succeeding interrogatories, the term Project is defined as the Senior Citizen Housing Development located at 14567 Dickens Street in Sherman Oaks, California, including, but not limited to, individual units and common areas.)
SPECIAL INTERROGATORY NO. 2:
For each repair performed, please identify with specificity the area in which repairs were made including unit number if such repair occurred in an individual unit.
SPECIAL INTERROGATORY NO. 3:
For each repair performed, please identify the date of initial complaint and corresponding date of repair.
SPECIAL INTERROGATORY NO. 4:
For each repair performed, please identify the person or entity performing the repair.
SPECIAL INTERROGATORY NO. 5:
For each repair made, please describe the type of repair performed.
SPECIAL INTERROGATORY NO. 6:
Please identify any subsequent repair efforts undertaken to address a repaired area that has failed, including location, type of repair and date performed.
PROOF OF SERVICE BY MAIL
(1013A, 2015.5 C.C.P.)
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:
I am employed in the aforesaid county, State of California; I am over the age of eighteen years and not a party to the within action; my business address is: 150 South Los Robles, 6th Floor, Pasadena, California 91101.
On July 26, 2001, I served the foregoing document described as: CASE MANAGEMENT ORDER 07/26/2001 on the interested parties in this action by placing a true copy thereof on CD-ROM, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Pasadena, California, addressed as follows:
*** SEE SERVICE LIST ***
[XX] BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing, that the mail would be deposited with the United States postal service on that same day with postage thereon fully prepaid at Glendale, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
[ ] BY FACSIMILE: The facsimile machine I used complied with Rule 2003(3), and the machine reported no error.
Transmission was sent from Fax No. (626) 584-3662 to all of the Fax Nos. of the parties on the attached Mailing List. Pursuant to Rule 2005(i), I caused the machine to print a record of each of the parties, which includes the date and time transmitted.
I certify (or declare), under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on July 26, 2001, at Pasadena, California.
_________________________________
CHENEE L. SMITH
[1] Any place in this document where there is underlining is a hyperlink in the electronic version of the document. To use the hyperlink, click on the underlined word or phrase while on-line.
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Copyright 2000-2002, The Law Offices of Cynthia Coulter Mulvihill, APC
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