Jennifer Loeffler vs. Rsm 8, LLC

Response

Cal. Super. - 4th Dist.May 20, 2014

A N n n W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Robert B. Titus, Esq., State Bar No. 116299 Julie D. Testa, Esq., State Bar No. 239741 LAW OFFICE OF ROBERT B. TITUS 9915 Mira Mesa Boulevard, Suite 220 San Diego, CA 92131 Tel: (858) 368-3450 Fax: (858) 368-3460 julie.testa@zurichna.com Attorneys for Defendants RSM 8, LLC; FIELDSTONE CALIFORNIA PARTNERS, LLC; FIELDSTONE RESIDENTIAL BUILDERS, LLC; & PCA MANAGEMENT SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE JENNIFER LOEFFLER, an individual, Plaintiffs, Vv. RSM 8, LLC, a Delaware Limited Liability Company; FIELDSTONE CALIFORNIA PARTNERS, LLC; a California Limited Liability Company; FIELDSTONE RESIDENTIAL BUILDERS, LLC, a California Limited Liability Company; GEOLOGIC ASSOCIATES, INC. a California Corporation; HUNSAKER & ASSOCIATES IRVINE, INC., a California Corporation; and DOES 1 through 100, Defendants. CASE NO. 30-2014-00723908-CU-CD-CJC Judge: Hon. James J. Di Cesare Dept: C-16 DEFENDANTS RSM 8, LLC; FIELDSTONE PARTNERS CALIFORNIA, LLC; FIELDSTONE RESIDENTIAL BUILDERS, LLC; AND PCA MANAGEMENT SERVICES, INC.’S RESPONSE TO PLAINTIFF’S EVIDENTIARY OBJECTIONS TO DEFENDANTS’ OPPOSITION TO MOTION TO VACATE JUDGMENT Complaint Filed: May 20, 2014 Trial Date: Not set Date: May 19, 2017 Time: 9:00 a.m. Dept.: C-16 Defendants RSM 8, LLC, Fieldstone Residential Builders, LLC, Fieldstone Partners California, LLC; and PCA Management Services, Inc. (collectively “Defendants”) respectfully submit the following response to Plaintiff's Evidentiary Objections to Exhibit 2 to the Declaration of Julie D. Testa in Support of Defendant’s Opposition to Plaintiffs Motion to Vacate Judgment. 1" 1" 1 DEFENDANTS’ RESPONSE TO PLAINTIFF'S EVIDENTIARY OBJECTIONS A N n n W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Response to Objections: Waiver: The evidence objected to was previously deemed admitted by this Court throughout the course of the underlying proceedings, confirmation of the award and ultimate entry of Judgment which Plaintiff now seeks to vacate. Plaintiff’s failure to timely object in the prior proceedings is a waiver of any objection to the admissibility of the evidence. (See, e.g., Karlsson v. Ford Motor Co., (2006) 140 Cal.App.4™ 1202, 1227, [waiver by failure to object].) This evidence was also submitted by Defendants prior to and throughout the course of the hearings on the Petitions to Confirm and Vacate, and was not objected to by Plaintiff. Plaintiff has waived her right to object to the admissibility of the Construction Management Agreement. Relevance: In her Motion to Vacate Judgment, Plaintiff alleges there was no agreement in place to provide for the services of a licensed General Contractor for the construction of the project and subject homes. During the arbitration proceedings, the persons most knowledgeable from RSM 8, LLC and PCA Management Services testified to the Construction Management Agreement which was identified specifically as the agreement to provide general contracting services for the construction of the subject homes and that RSM 8 and that PCA performed in accordance with the terms of the agreement, which included, but was not limited to, the hiring the subcontractors for the performance of the work and supervising and overseeing the construction. (See Exhibit 4 to Defendants’ Opposition, pp. 68, 178; Exhibit 5 to Defendants’ Opposition, pp., 62-65, 85, 194-197; Exhibit 6 to Defendants’ Opposition, pp. 203-205, 209-210; Exhibit 7 to Defendants’ Opposition, p. 171-172, 178; Exhibit CC to Plaintiff’s Reply pp. 54-63). Plaintiff has failed to produce any competent evidence to the contrary. Foundation: Plaintiff’s objections lack merit. Mr. Arthur laid the foundation for the context in which the agreement was obtained and/or produced. (See, e.g., Exhibit CC to Plaintiff’s Reply, pp. 54-57.) Plaintiff has failed to adequately challenge and/or produce any competent evidence to the contrary. Authentication: The Construction Management Agreement was properly authenticated by both the representative of RSM during the arbitration proceedings. (See, e.g. Exhibit CC to Plaintiffs Reply, pp. 54-57.) Plaintiff has failed to produce any competent evidence to the contrary. 2 DEFENDANTS’ RESPONSE TO PLAINTIFF'S EVIDENTIARY OBJECTIONS ~ N O N n e A W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the reasons set forth above, Defendants respectfully request that the Court deny Plaintiffs objection. DATED: May 16, 2017 LAW OFFICE OF ROBERT B. TITUS Robert B. Titus, Esq. Julie D- Testa, Esq. Attorneys for Defendants RSM 8, LLC; Fieldstone California Partners, LLC; Fieldstone Residential Builders, LLC; PCA Management Services Inc. 3 DEFENDANTS’ RESPONSE TO PLAINTIFF'S EVIDENTIARY OBJECTIONS O O © 0 0 N N O o O o ~ ~ u o DN hD = N D N D N D N D D D D D D D O D D A A a a a a a a a a a c o N N oO o 0 0 A W O D D 0 O O © 0 0 N O O O O o h w W w N — - Loeffler v. RSM 8, LLC,et al. Case No.: 30-2014-00723908-CU-CD-CJC PROOF OF SERVICE - C.C.P. Section 1013A(3) STATE OF CALIFORNIA, COUNTY OF ORANGE | am employed in the County of San Diego, State of California. | am over the age of 18 and not a party to the within action; my business address is 9915 Mira Mesa Boulevard, Suite 220, San Diego, California, 92131. On the date listed below, | served the foregoing document described as: DEFENDANTS RSM 8, LLC; FIELDSTONE PARTNERS CALIFORNIA, LLC; FIELDSTONE RESIDENTIAL BUILDERS, LLC; AND PCA MANAGEMENT SERVICES, INC.’S RESPONSE TO PLAINTIFF'S EVIDENTIARY OBJECTIONS TO DEFENDANTS’ OPPOSITION TO MOTION TO VACATE JUDGMENT on the interested parties in said action: SEE SERVICE LIST ATTACHED X (VIA ELECTRONIC MAIL). | caused all of the above-entitled documents to be via email to all recipients listed on the attached service list. Executed on May 16, 2017, at San Diego, California. | declare under penalty of perjury that the foregoing is true and correct. Clore Hofiran Claire Kazlman Loeffler v. RSM 8, LLC,et al. Orange County Superior Court Case No. 30-2014-00723908-CU-CD-CJC SERVICE LIST Steven L. Rader, Esq. ATTORNEYS FOR PLAINTIFF 21411 Vista Drive Trabuco Canyon, CA 92679 Tel.: (714) 415-1064 Fax: (714) 415-1164 srader@wss-law.com Thomas P. Davis, Esq. ATTORNEYS FOR HUNSAKER & ASSOCIATES IRVINE, Nicole Cohrs, Esq. INC. Michael A. Smith DAVIS LAW 580 Broadway, Suite 301 Laguna Beach, CA 92651 Tel: (949) 376-2828 Fax: (949) 376-3875 tpd@tpdavislaw.com efs@tpdavislaw.com tom@tpdavislaw.com Diane Palumbo, Esq. ATTORNEYS FOR GEOLOGIC ASSOCIATES, INC.PALUMBO BERGSTROM95 Enterprise, Suite 250Aliso Viejo, CA 92656Tel.: (949) 442-0300Fax: (949) 399-2330dpalumbo@palumbolawers.com Page 1