Electronically FILED by Supq eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 or Court of California, County of Los Angeles on 02/26/2019 04:06 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk Samuel J. Muir, Esq. State Bar No. 89883 David C. Moore, Esq. State Bar No. 156114 Pauline A. Tan, Esq. State Bar No. 322311 COLLINS COLLINS MUIR +STEWART LLP 1100 EI Centro Street South Pasadena, CA 91030 (626) 243-1100 - FAX (626) 243-1111 Attorneys for Cross-Defendant/Cross-Complainant GEOSOILS CONSULTANTS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES- CENTRAL DISTRICT SUKUT CONSTRUCTION, LLC, a limited liability company, Plaintiff, v. FOREST LAWN MEMORIAL-PARK ASSOCIATION, a California non-profit corporation; and DOES 1 through 100, inclusive, Defendants. FOREST LAWN MEMORIAL-PARK ASSOCIATION, a California non-profit corporation, Cross-Complainant, V. SUKUT CONSTRUCTION, LLC, a California limited liability company; GEOSOILS CONSULTANTS, INC. a California corporation; SUBSURFACE 20087 CASE NO. BC677728 [Assigned to Hon. Mel Red Recana, Dept. 45] DECLARATION OF DAVID C. MOORE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT/ADJUDICATION FILED BY CROSS-DEFENDANT FOREST LAWN MEMORIAL-PARK ASSOCIATION [Filed concurrently with Opposition to Motion, Separate Statement in Opposition to Motion, Appendix of Exhibits, Objections to Chance Declaration, and Declaration of Ruberti] Date: March 12, 2019 Time: 8:30 a.m. Dept. 45 Complaint Filed: 9/28/17 Trial Date: 04/15/19 1 MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 SURVEYS & ASSOCIATES, INC., a California corporation; and ROES 1 through 10, Cross-Defendants. - N r I, David C. Moore, hereby declare: 1. I am an attorney licensed to practice in California, and an associate in the law firm of Collins, Collins, Muir + Stewart, LLP, counsel of record in the present action for cross-defendant and cross-complainant GeoSoils Consultants, Inc. (“GeoSoils”). 1 make this declaration in support of GeoSoils’ opposition to the motion for summary judgment/adjudication filed by Cross- Defendant Forest Lawn Memorial-Park Association (“Forest Lawn”). As to the matters set forth in this declaration, I have personal knowledge and/or knowledge gained through my personal review of business records (file materials) in this matter, and (if called upon) could and would competently testify. 2. I have reviewed substantial portions of the file maintained by my firm in connection with the present matter, and I am familiar with the discovery that has been conducted to date by the parties to this action, including the production of documents. 3. Submitted concurrently herewith as Exhibit 5 in the Appendix of Exhibits in support of GeoSoils’ opposition is a true and correct copy of a letter dated May 8, 2013 from The City of Los Angeles Department of Building and Safety Grading Division and addressed to Forest Lawn Memorial-Park Association. This letter was produced by Forest Lawn in discovery in this lawsuit. 4. Submitted concurrently herewith as Exhibit 6 in the Appendix of Exhibits in support of GeoSoils’ opposition is a true and correct copy of the document that is attached as Exhibit F to the transcript of the deposition of Steve Yurosek taken in this matter on November 16, 2018, i.e., specifications relating to the Project. This document was authenticated at pages 59-60 of the transcript of the Yurosek deposition. True and correct copies of those pages are included as part of exhibit 11 to the Appendix of Exhibits in support of GeoSoils’ opposition (see below). 1" 20087 2 MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 5. Submitted concurrently herewith as Exhibit 7 in the Appendix of Exhibits in support of GeoSoils’ opposition is a true and correct copy of a letter dated May 2, 2016 from John Orme of Forest Lawn to Steve Yurosek of plaintiff Sukut Construction, LLC (“Sukut”). This document was previously produced by Forest Lawn in the course of discovery in this lawsuit. 6. Submitted concurrently herewith collectively as Exhibit 8 in the Appendix of Exhibits in support of GeoSoils’ opposition are true and correct copies of the five bids that Forest Lawn received in 2014 in connection with the Project (Phase I rough grading). These documents were each produced by Forest Lawn during the course of discovery in this lawsuit. 7 Submitted concurrently herewith as Exhibit 9 in the Appendix of Exhibits in support of GeoSoils’ opposition is a true and correct copy of exhibit HH to the deposition of Steve Yurosek taken in this matter on November 16, 2018, i.e., a letter dated May 9, 2014 from California Drilling & Blasting Co., Inc. to Mr. Yurosek. This document was authenticated at page 121 of the Yurosek deposition transcript. A true and correct copy of that page is included as part of exhibit 11 to the Appendix of Exhibits in support of GeoSoils’ opposition (see below). 8. Submitted concurrently herewith as Exhibit 10 in the Appendix of Exhibits in support of GeoSoils’ opposition is a true and correct copy of an internal Forest Lawn email chain dated June 3 to 7, 2016. This document was produced by Forest Lawn during the course of discovery in this lawsuit. 9. Submitted concurrently herewith collectively as Exhibit 11 in the Appendix of Exhibits in support of GeoSoils’ opposition are true and correct copies of the following pages of the transcript of the deposition of Steve Yurosek taken in this matter on November 16, 2018: face page; 26-30; 56; 59-60; 87; 96-105; 115-117; 121; 134-140; and reporter’s certificate (p. 216). 10. GeoSoils previously propounded a set of requests for admissions to Forest Lawn that I anticipate will produce admissions and further authentication of documents relevant to the issues raised by Forest Lawn’s pending motion, including several documents GeoSoils may wish to use as exhibits in opposition to Forest Lawn’s motion. Responses to those discovery requests are presently due to be served no later than March 18, 2019. In 20087 3 MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 11. At present, several depositions are scheduled in this matter that I anticipate will result in testimony that supports GeoSoils’ opposition to Forest Lawn’s pending motion. In that regard, the deposition of Clint Granath, an employee of Forest Lawn, is currently scheduled to occur on March 5, 2019. I am informed and believe (based on my review of file materials and public records) that Mr. Granath is a chief engineer with Forest Lawn, who was directly involved with various aspects of the Project, including the bid solicitation process. It is also my understanding (based on the concurrently-filed declaration of Rudy Ruberti) that Mr. Granath was GeoSoils’ primary contact in connection with the geotechnical services GeoSoils provided to Forest Lawn in the 2011-2013 time period, as well as the report that GeoSoils issued to Forest Lawn in January, 2013. Consequently, I believe Mr. Granath likely has percipient knowledge of facts that are essential to GeoSoils’ opposition to Forest Lawn’s pending motion, including Forest Lawn’s receipt and review of GeoSoils’ report, the extent of Forest Lawn’s knowledge of the likelihood that blasting would be required on the Project as of the date Forest Lawn awarded the rough grading (Phase I) contract to Sukut, communications between Mr. Granath and Sukut about the project long before the solicitation of any bids relating to the Project, the process that Forest Lawn followed with regard to the evaluation of bids received in connection with the Project in 2014, and why Forest Lawn awarded the rough grading contract to Sukut despite Sukut bidding virtually nothing with respect to blasting surcharges. 12. Another upcoming deposition that I believe will result in testimony essential to GeoSoils’ opposition to Forest Lawn’s pending motion is that of the “person most knowledgeable” of Forest Lawn. That deposition is currently scheduled to occur on March 6, 2019, and will encompass issues relating to Forest Lawn’s bid solicitation and evaluation process in connection with the Project. I believe that deposition will result in testimony essential to GeoSoils’ opposition for the same or similar reasons as those set forth above in the preceding paragraph regarding Mr. Granath’s deposition. 13. Another upcoming deposition that I believe will result in testimony essential to GeoSoils’ opposition to Forest Lawn’s pending motion is that of California Drilling & Blasting Co., Inc. That deposition is currently scheduled to occur on March 6, 2019 as well. As indicated in 20087 4 MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 exhibit 9 referenced above and as testified to by Steve Yurosek in November, 2018 in this matter, California Drilling submitted a bid to Sukut for blasting in connection with the Project in May, 2014. GeoSoils believes that this document (along with all the other information referenced above and in GeoSoils’ opposition) calls into question Sukut’s decision to bid only $.01 per cubic yard in blasting costs in May, 2014 and Forest Lawn’s decision to accept Sukut’s bid. California Drilling may have also had communications with Forest Lawn concerning its blasting bid, which would support GeoSoils’ contention that Forest Lawn was well aware of the possibility that blasting would be required on the Project, thereby calling into serious question Forest Lawn’s decision to accept Sukut’s bid containing a seriously undervalued blasting surcharge. Consequently, I believe that the “person most knowledgeable” of California Drilling will likely have percipient knowledge of facts that are essential to GeoSoils’ opposition to Forest Lawn’s pending motion. 14. In addition, the deposition of Willie Joe Philbin, Sukut’s chief estimator regarding construction bids, was scheduled to occur on February 25, 2019. However, that deposition has been continued to a date yet to be determined. Based on his position at Sukut and testimony that was offered in November, 2018 by Sukut’s president, Steve Yurosek, I believe Philbin has percipient information essential to GeoSoils’ opposition and relevant to the issues raised by the pending motion, including the extent of pre-solicitation communications between Forest Lawn and Sukut regarding the Project, the extent to which Sukut was aware that blasting might be required on the Project, and pre-bid communications between Sukut and Forest Lawn regarding the likelihood that blasting would be needed on the Project. 15. Submitted concurrently and collectively as exhibit 12 to the Appendix of Exhibits in support of GeoSoils’ opposition are true and correct copies of the following pages of the transcript of the deposition of Rudy Ruberti taken in this lawsuit on December 4, 2018: face page; 114-117; and reporter’s certificate (p. 200.) 1" In 1" In 20087 5 MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA pd I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on February 26, 2019, at South Pasadena, California. eo R N n t A W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. | 20087 1100 El Centro Street So. Pasadena, CA 91030 6 Phone (626) 243-1100 SE a is MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss. County of Los Angeles. ) I am employed in the County of Los Angeles. Iam over the age of 18 and not a party to the within action. My business address is 1100 El Centro Street, South Pasadena, California 91030. On this date, I served the foregoing document described as DECLARATION OF DAVID C. MOORE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT/ADJUDICATION FILED BY CROSS-DEFENDANT FOREST LAWN MEMORIAL-PARK ASSOCIATION on the interested parties in this action by placing same in a sealed envelope, addressed as follows: SEE ATTACHED SERVICE LIST [] (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in South Pasadena, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at South Pasadena, 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. [1] (BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in South Pasadena, California. X BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY Ul (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: (Date) at (Time) [ ] FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. [1 BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1111 indicated all pages were transmitted. [1 BY PERSONAL SERVICE) - I caused such envelopes) to be delivered by hand to the office(s) of the addressee(s). Executed on February 26, 2019 at South Pasadena, California. [XI (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [1 (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. J LA - NELLY-VERDUGO \ - 20087 7 MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 20087 SUKUT CONSTRUCTION, LLC v. FOREST LAWN MEMORIAL PARK ASSOCIATION LASC CASE NO. BC677728 CCMS FILE NO. 20087 SERVICE LIST Christopher Morrow, Esq. Anthony. Salvador, Esq. Roxana M. Cremene, Esq. SMTD LAW LLP 17901 Von Karman Avenue, Suite 500 Irvine, California 92614 Tel: (949) 537-3800 - Fax: (949 537-3822 cm@smtdlaw.com asalvador @smtdlaw.com rcremene @ smtdlaw.com ATTORNEYS FOR PLAINTIFF SUKUT CONSTRUCTION, LLC Christine E. Drage, Esq. Brian P. Roteliuk, Esq. Kyle J. Waldie, Esq. WEIL & DRAGE, APC 23212 Mill Creek Drive Laguna Hills, CA 92653 (949) 837-8200 - (949) 837-9300-FAX cdrage @weildrage.com broteliuk @weildrage.com kwaldie @weildrage.com ATTORNEYS FOR CROSS-DEFENDANTS SUBSURFACE SURVEYS & ASSOCIATES, INC 8 Travis F. Chance, Esq. Adam K. Bult, Esq. (pro hac vice admission pending) BROWNSTEIN HYATT FARBER SCHRECK, LLP 2049 Century Park East, Suite 3550 Los Angeles, CA 90067 Tel: 310.500.4600 - Facsimile: 310.500.4602 tchance @bhfs.com abult@bhfs.com ATTORNEYS FOR DEFENDANT AND CROSS- COMPLAINANT FOREST LAWN MEMORIAL-PARK ASSOCIATION MOORE DECL. IN OPPOSITION TO FOREST LAWN MSJ/MSA
