Declaration Declaration of Samuel J Muir In Support of Design Group Facility Solutions Incs Opposition To Plaintiffs Motion For Leave To Amend The Complaint

Motion

Cal. Super. - 2nd Dist.June 22, 2018

Electronically FILED by Sup 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 LITCHFIELD LAW PC 3345 Newport Blvd., Suite 201 Newport Beach, CA 92663 M or Court of California, County of Los Angeles on 07/14/2020 04:52 PM Sherri R. Carter, Executive Officer/Clerk of Court, by J . Lara,Deputy Clerk Stephen B. Litchfield, Esq. (SBN 284951) LiTCHFIELD LAW PC 3345 Newport Boulevard, Suite 201 Newport Beach, California 92663 T. 949.423.7774 C. 805.451.6067 steve @litchfield.law Samuel J. Muir, Esq. (SBN 89883) MUIR LAW 222 Broadway, Suite 1503 Oakland, California 94607 T. 510.605.6575 C. 626.278.5001 sam @muir.law Attorneys for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT NATURE’S PRODUCE, a California corporation, Plaintiff, VS. - N N N r DEDEAUX PROPERTIES, LLC, a California) limited liability company; FULLMER ) CONSTRUCTION, a California corporation; ) R-COLD, INC., a California corporation; ) VAL ELECTRIC, INC., a California corporation; AND DOES 1-50, INCLUSIVE, Defendants, AND ALL RELATED CROSS ACTIONS N r N r N e N N CASE No. BC711351 The Hon. Elaine Lu Department 26 DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT June 22, 2018 February 1, 2021 Complaint Filed: Trial Date: Date: Time: Dept.: July 27, 2020 8:30 a.m. 26 1 DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT 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 LITCHFIELD LAW PC 3345 Newport Blvd., Suite 201 Newport Beach, CA 92663 I, Samuel J. Muir, declare as follows: 1. I am a member of the California Bar Association in good standing and I am admitted to practice law before all courts of the State of California. 2 I am co-counsel of record for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. (“Design Group”) in the above-captioned matter. The matters stated herein are within my personal knowledge and, if called to testify thereto, I could and would competently do SO. 3. Design Group is already in the action by way of a cross-complaint from the project’s general contractor, Fullmer Construction (“Fullmer”) 4. Since Plaintiff’s complaint was originally filed, Fullmer has cross-complained against Design Group, dismissed Design Group entirely, cross-complained against Design Group again, and subsequently dismissed a cause of action against Design Group. 5. In January 2020, Plaintiff named six additional defendants via Doe amendment, true and correct copies of said amendments are attached hereto as Exhibit “A”. 6. To my knowledge, no production of documents has been made by R-Cold during the period between February and April 2020. Attached hereto as Exhibit “B” is a true and correct copy of the Case Management Order. 7. The parties mediated with Ross Hart on March 4, 2020 and April 21, 2020. 8. Design Group has spent years defending against a claim by Fullmer for apportionment and equitable indemnity, eroding significant amounts of its policy in furtherance of such defense. 9, The parties have attended multiple mediation sessions, conducted significant discovery, and now Plaintiff wants to initiate an entirely new claim against Design Group, within weeks of when the parties should have been picking a jury, but for the pandemic-related delays. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 1" 2 DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT pd Executed this 14%" day of July, 2020 at Oakland, California. By: nl lon AMUEL J.) Declarant 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 3 eee a Suite 201 DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S Newport Beach; CA-92663 OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT 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 x 28 LITCHFIELD LAW PC 3345 Newport Blvd., Suite 201 Newport Beach, CA 92663 CCP g§ 1013(a) and 2015.5; FRCP 5) State of California, ) ) County of Orange. ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 3345 Newport Boulevard, Suite 201, Newport Beach, CA 92663. On July 14, 2020, I served the foregoing document described as DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT WITH EXHIBITS A AND B on the interested parties in this action addressed as follows: PLEASE 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 Newport Beach, 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 Newport Beach, 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 Newport Beach, California. UJ BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (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: July 14, 2020 (Date) [1] 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 indicated all pages were transmitted. [1 BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on July 14, 2020 at Diamond Bar, California. X (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. Je { Nancy Lorlg/ nancy @litchfield.law 4 DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT 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 LITCHFIELD LAW PC 3345 Newport Blvd., Suite 201 Newport Beach, CA 92663 Nature’s Produce v. Dedeaux Properties, LLC Rosemary K. Nunn, Esq. Natasha M. Wu, Esq. Nicholas W.T. Fortino, Esq. MUSICK PEELER & GARRETT LLP 650 Town Center Drive, Suite 1200 Costa Mesa, CA 92626 Telephone: (714) 668-2400 Email: r.nunn @musickpeeler.com Email: n.wu@musickpeeler.com Email: n.fortino @musickpeeler.com Counsel for PLAINTIFF Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP, MORONEY, VUCINICH, BEEMAN & SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Telephone: (925) 734-0990 Email: mconstantino @clappmoroney.com Email: lloeck @clappmoroney.com Counsel for Defendant/Cross-Complainant FULLMER CONSTRUCTION and Defendant DEDEAUX PROPERTIES, LLC Susan E. Luhring, Esq. MAVREDAKIS CRANERT 35 North Lake Avenue, Suite 500 Pasadena, CA 91101 Telephone: (626) 793-4440 Email: susan.luhring @zurichna.com Counsel for Cross-Defendant KELTERITE CORPORATION Adrienne D. Cohen, Esq. Temre L. Fischer, Esq. 1551 N. Tustin Ave., Suite 750 Santa Ana, CA 92705 Telephone: (714) 954-0790 Email: adc @adcohen.com Email: tif @adcohen.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Case No. BC 711351 SERVICE LIST Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164 9325 Sky Park Court, Suite 230 San Diego, CA 92123 Telephone: (858) 616-6163 Email: dmoorel @travelers.com Counsel for Defendant/Cross-Complainant/Cross- Defendant VAL ELECTRIC, INC. Karen Hallock, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400 Los Angeles, CA 90067 Telephone: (310) 595-3000 Email: Karen.Hallock @dlapiper.com Counsel for Defendant DEDEAUX PROPERTIES, LLC Nanette E. Beaumont, Esq. J. Brent Richardson, Esq. JAMISON CHAPPEL & BEAUMONT 49430 Road 426, Suite F PO Box 517 Oakhurst, CA 93644 Telephone: (559) 683-2950 Facsimile: (559) 683-2975 Email: nbeaumont @oakhurstlaw.co Email: brichardson @oakhurstlaw.co Email: legal @oakhurstlaw.co Counsel for Cross-Defendant KELTERITE CORPORATION Timothy D. Lucas, Esq. Stanley A. Calvert, Esq. THOMAS LUCAS 9191 Towne Centre Drive, Suite 190 San Diego, California 92122 Telephone: (858) 535-0700 Email: tlucas @thomaslucaslegal.com Email: scalvert@thomaslucaslegal.com Email: amckechnie @thomaslucaslegal.com Counsel for Cross-Defendant ONYX PAVING COMPANY, INC. 5 DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT 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 LITCHFIELD LAW PC 3345 Newport Blvd., Suite 201 Newport Beach, CA 92663 Brian W. Rhodes, Esq. Benjamin J Haeck, Esq. Andrew A. Mullen, Esq. ANDREWS & RHODES LLP 21700 Copley Drive, Suite 310 Diamond Bar, CA 91765 Telephone: (909) 396-4436 Email: BWR @ Andrews-Rhodes.com Email: BJH@Andrews-Rhodes.com Email: AAM @ Andrews-Rhodes.com Counsel for Cross-Defendant EARTH BASICS CONTRACTING CORPORATION R. Bryan Martin, Esq. Kimberly A. Byrge, Esq. YOKA & SMITH, LLP 445 South Figueroa St., 38" Floor Los Angeles, CA 90071 Telephone: (213) 427-2300 Email: bmartin @yokasmith.com Email: kbyrge @yokasmith.com Counsel for Cross-Defendant CALMAT CO. dba VULCAN MATERIALS CO. Kevin C. Pegan, Esq. THE LEE LAW GROUP, PC 17310 Red Hill Avenue, Suite 350 Irvine, CA 92614 T: (949) 271-9333 kpegan @leefirm.com alao @leefirm.com Counsel for Cross-Defendant/Cross-Complainant SBR CONSTRUCTION, INC. Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Telephone: (760) 978-6200 Email: morrison @morrisonlawgroup.com Email: schwartz@morrisonlawgroup.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Bjorn C. Green, Esq. Dalen M. Saludes, Esq. DEMLER, ARMSTRONG, & ROWLAND, LLP 4500 East Pacific Coast Highway, Fourth Floor Long Beach, CA 90804-3298 Telephone: (562) 597-0029 Facsimile: (562) 494-3958 gre@darlaw.com sal @darlaw.com Counsel for Cross-Defendant/Cross-Complainant ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 6 DECLARATION OF SAMUEL J. MUIR IN SUPPORT OF DESIGN GROUP FACILITY SOLUTIONS, INC.’S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT EXHIBIT “A” NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Rosemary K. Nunn / Nicholas W. Fortino 192248/286323 Musick, Peeler & Garrett, LLP 650 Town Center Dr. Suite 1200 Costa Mesa, CA 92626 ATTORNEY FOR (Name): P| AINTIFF NATURE'S PRODUCE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: 111 N. Hill St. Los Angeles, CA 90012 PLAINTIFF: NATURE'S PRODUCE DEFENDANT: Reserved for Clerk's File Stamp DEDEAUX PROPERTIES, LLC, a California Corporation; FULLMER CONSTRUCTION, etpy AMENDMENT TO COMPLAINT (Fictitious /Incorrect Name) CASE NUMBER: BC711351 [V] FICTITIOUS NAME (No order required) Upon the filing of the complaint, the plaintiff, being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of: FICTITIOUS NAME DOE 1 and having discovered the true name of the defendant to be: TRUE NAME All Phase Refrigeration & Air Conditioning, Inc., a California Corporation amends the complaint by substituting the true name for the fictitious name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY 1/17/2020 Rosemary K. Nunn 4% [1INCORRECT NAME (Order required) The plaintiff, having designated a defendant in the complaint by the incorrect name of: INCORRECT NAME and having discovered the true name of the defendant to be: TRUE NAME amends the complaint by substituting the true name for the incorrect name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY ORDER THE COURT ORDERS the amendment approved and filed. Dated AMENDMENT TO COMPLAINT LASC LACIV 105 (Rev. 08/18) (Fictitious / Incorrect Name) For Optional Use Judicial Officer Code Civ. Proc., §§ 471.5, 472, 473, 474 0 uN A N Wn a oO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On January 17, 2020, I served true copies of the following document(s) described as AMENDMENT TO COMPLAINT (DOE 1 - ALL PHASE REFRIGERATION & AIR CONDITIONING, INC., A CALIFORNIA CORPORATION) on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address G.Oyama@musickpeeler.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 17, 2020, at Costa Mesa, California. Joule Pgtunn Gaylene/©yama 1129081.1 co 3 O Y Oo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Karen Hallock, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Adrienne D. Cohen, Esq. Temre L. Fischer, Esq. LAW OFFICES OF ADRIENNE D. COHEN 1551 N. Tustin Avenue, Suite 750 Santa Ana, CA 92705 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email: Karen.hallock@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email: mconstantino@clappmoroney.com lloeck@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email: morrison@morrisonlawgroup.com schwartz@mortrisonlawgroup.com Associated Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (714) 954-0790 Fax: (714) 954-0791 Email: adc@adcohen.com tiftwadcohen.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Timothy D. Lucas, Esq. Stanley A. Calvert, Esq. THOMAS | LUCAS 9191 Towne Centre Drive, Suite 190 San Diego, CA 92122 Josiah Boggs, Esq. LAW OFFICES OF KIRK & MYERS 707 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017 Gregory K. Sabo, Esq. Jon A. Turigliatto, Esq. Jeffrey Stewart, Esq. CHAPMAN, GLUCKSMAN, DEAN & ROEB 11900 West Olympic Boulevard, Suite 800 Los Angeles, CA 90064 Brian W. Rhodes, Esq. Benjamin J. Haeck, Esq. Andrew A. Mullen, Esq. ANDREWS & RHODES LLP 21700 Copley Drive, Suite 310 Diamond Bar, CA 91765 1129081.1 Counsel for Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 535-0700 Fax: (858) 535-0701 Email: tlucas@thomaslucaslegal.com scalvert@thomaslucaslegal.com kplati@thomaslucaslegal.com cbrown@thomaslucaslegal.com ccoleman(@thomaslucaslegal.com Counsel for Cross-Defendant/Cross- Complainant ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. (ROE 1) Tel: (213) 228-2466 Fax: (603) 334-7162 Email: josiah.boggs@libertymutual.com Counsel for Cross-Defendant/Cross- Complainant KCB BUILDERS, INC. (ROE 6) Tel: (310) 207-7722 Fax: (310) 207-6550 Email: gsabo@cgdrlaw.com jturigliatto@cgdrlaw.com jstewart@cgdrlaw.com kwindrim@cgdrlaw.com Counsel for Cross-Defendant EARTH BASICS CONTRACTING CORPORATION (ROE 2) Tel: (909) 396-4436 Fax: (909) 396-1366 Email: BWR@Andrews-Rhodes.com BJH@Andrews-Rhodes.com AAM@Andrews-Rhodes.com SH W N ~~ oO Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Samuel J. Muir, Esq. Morgan L. Simpson, Esq. Sharon Sanner Muir COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612 Susan E. Luhring, Esq. MAVREDAKIS CRANERT 35 North Lake Avenue, Suite 500 Pasadena, CA 91101-4195 R. Bryan Martin, Esq. Kimberly A. Byrge, Esq. YOKA & SMITH, LLP 445 South Figueroa Street, 38th Floor Los Angeles, CA 90071 William A. Marquis, Esq. LAW OFFICES OF WILLIAM A. MARQUIS 2522 Chambers Road, Suite 213 Tustin, CA 92780 1129081.1 Counsel for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. (ROE 10) Tel: (510) 844-5100 Fax: (510) 844-5101 Email: smuir@ccmslaw.com msimpson@ccmslaw.com ssmuir@ccmslaw.com Counsel for Cross-Defendant KELTERITE CORPORATION Tel: (626) 793-4440 Fax: (626) 793-1556 Email; susan.luhring@zurichna.com Counsel for Cross-Defendant CALMAT CO., a Delaware Corporation dba VULCAN MATERIALS CO. Tel: (213) 427-2300 Fax: (213) 427-2330 Email; bmartin@yokasmith.com kbyrge@yokasmith.com Counsel for Cross-Defendant CALLAHAN & NORRELL, INC., a California corporation dba NORCAL ENGINEERING Tel: (714) 832-1600 Email: wamoffice@aol.com NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Reserved for Clerk's File Stamp Rosemary K. Nunn / Nicholas W. Fortino 192248/286323 Musick, Peeler & Garrett, LLP 650 Town Center Dr. Suite 1200 Costa Mesa, CA 92626 ATTORNEY FOR (Name): P| AINTIFF NATURE'S PRODUCE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: 111 N. Hill St. Los Angeles, CA 90012 PLAINTIFF: NATURE'S PRODUCE DEFENDANT: DEDEAUX PROPERTIES, LLC, a California Corporation; FULLMER CONSTRUCTION, etm AMENDMENT TO COMPLAINT CASE NUMBER: (Fictitious /Incorrect Name) BC711351 [7 FICTITIOUS NAME (No order required) Upon the filing of the complaint, the plaintiff, being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of: FICTITIOUS NAME DOE 2 and having discovered the true name of the defendant to be: TRUE NAME Callahan & Norrell, Inc. dba NorCal Engineering, a California Corporation amends the complaint by substituting the true name for the fictitious name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY nw 1/17/2020 Rosemary K. Nunn "1 INCORRECT NAME (Order required) The plaintiff, having designated a defendant in the complaint by the incorrect name of: INCORRECT NAME and having discovered the true name of the defendant to be: TRUE NAME amends the complaint by substituting the true name for the incorrect name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY ORDER THE COURT ORDERS the amendment approved and filed. Dated Judicial Officer AMENDMENT TO COMPLAINT Code Civ. Proc., §§ 471.5, LASC LACIV 105 (Rev. 08/18) (Fictitious / Incorrect Name) For Optional Use 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On January 17, 2020, I served true copies of the following document(s) described as AMENDMENT TO COMPLAINT (DOE 2 - CALLAHAN & NORRELL, INC. DBA NORCAL ENGINEERING, A CALIFORNIA CORPORATION) on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address G.Oyama@musickpeeler.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 17, 2020, at Costa Mesa, California. Yaunluon Paauma Gaylene Oyama ¥ 1129081.1 Oo 0 3 A 10 11 12 13 14 15 16 17 18 19 20 21 5 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Karen Hallock, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Adrienne D. Cohen, Esq. Temre L. Fischer, Esq. LAW OFFICES OF ADRIENNE D. COHEN 1551 N. Tustin Avenue, Suite 750 Santa Ana, CA 92705 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email: Karen.hallock(@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email: mconstantino@gclappmoroney.com lloeck@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email: morrison@morrisonlawgroup.com schwartz@morrisonlawgroup.com Associated Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (714) 954-0790 Fax: (714) 954-0791 Email: adc@adcohen.com tift@adcohen.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com OO © 3 On 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 23 26 27 28 MUSICK, PEELER & GARRETT LLP Timothy D. Lucas, Esq. Stanley A. Calvert, Esq. THOMAS | LUCAS 9191 Towne Centre Drive, Suite 190 San Diego, CA 92122 Josiah Boggs, Esq. LAW OFFICES OF KIRK & MYERS 707 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017 Gregory K. Sabo, Esq. Jon A. Turigliatto, Esq. Jeffrey Stewart, Esq. CHAPMAN, GLUCKSMAN, DEAN & ROEB 11900 West Olympic Boulevard, Suite 800 Los Angeles, CA 90064 Brian W. Rhodes, Esq. Benjamin J. Haeck, Esq. Andrew A. Mullen, Esq. ANDREWS & RHODES LLP 21700 Copley Drive, Suite 310 Diamond Bar, CA 91765 1129081.1 Counsel for Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 535-0700 Fax: (858) 535-0701 Email: tlucas@thomaslucaslegal.com scalvert@thomaslucaslegal.com kplati@thomaslucaslegal.com cbrown@thomaslucaslegal.com ccoleman@thomaslucaslegal.com Counsel for Cross-Defendant/Cross- Complainant ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. (ROE 1) Tel: (213) 228-2466 Fax: (603) 334-7162 Email: josiah.boggs@libertymutual.com Counsel for Cross-Defendant/Cross- Complainant KCB BUILDERS, INC. (ROE 6) Tel: (310) 207-7722 Fax: (310) 207-6550 Email: gsabo@cgdrlaw.com jturigliatto(@cgdrlaw.com jstewart@cgdrlaw.com kwindrim@cgdrlaw.com Counsel for Cross-Defendant EARTH BASICS CONTRACTING CORPORATION (ROE 2) Tel: (909) 396-4436 Fax: (909) 396-1366 Email: BWR@Andrews-Rhodes.com BJH@Andrews-Rhodes.com AAM@Andrews-Rhodes.com oa Ow 00 ~~ O v Wn 10 11 12 13 14 15 16 17 18 19 20 9 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Samuel J. Muir, Esq. Morgan L. Simpson, Esq. Sharon Sanner Muir COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612 Susan E. Luhring, Esq. MAVREDAKIS CRANERT 35 North Lake Avenue, Suite 500 Pasadena, CA 91101-4195 R. Bryan Martin, Esq. Kimberly A. Byrge, Esq. YOKA & SMITH, LLP 445 South Figueroa Street, 38th Floor Los Angeles, CA 90071 William A. Marquis, Esq. LAW OFFICES OF WILLIAM A. MARQUIS 2522 Chambers Road, Suite 213 Tustin, CA 92780 1129081.1 Counsel for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. (ROE 10) Tel: (510) 844-5100 Fax: (510) 844-5101 Email: smuir@ccmslaw.com msimpson@ccmslaw.com ssmuir@ccmslaw.com Counsel for Cross-Defendant KELTERITE CORPORATION Tel: (626) 793-4440 Fax: (626) 793-1556 Email: susan.luhring@zurichna.com Counsel for Cross-Defendant CALMAT CO., a Delaware Corporation dba VULCAN MATERIALS CO. Tel: (213) 427-2300 Fax: (213) 427-2330 Email: bmartin@yokasmith.com kbyrge@yokasmith.com Counsel for Cross-Defendant CALLAHAN & NORRELL, INC., a California corporation dba NORCAL ENGINEERING Tel: (714) 832-1600 Email: wamoffice@aol.com NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Rosemary K. Nunn / Nicholas W. Fortino 192248/286323 Musick, Peeler & Garrett, LLP 650 Town Center Dr. Suite 1200 Costa Mesa, CA 92626 ATTORNEY FOR (Name): P| AINTIFF NATURE'S PRODUCE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: 111 N. Hill St. Los Angeles, CA 90012 PLAINTIFF: NATURE'S PRODUCE DEFENDANT: DEDEAUX PROPERTIES, LLC, a California Corporation; FULLMER CONSTRUCTION, et Reserved for Clerk's File Stamp AMENDMENT TO COMPLAINT (Fictitious /Incorrect Name) CASE NUMBER: BC711351 [V] FICTITIOUS NAME (No order required) Upon the filing of the complaint, the plaintiff, being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of. FICTITIOUS NAME DOE 3 and having discovered the true name of the defendant to be: TRUE NAME Calmat, Co. dba Vulcan Materials, a Delaware Corp. amends the complaint by substituting the true name for the fictitious name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY 1/17/2020 Rosemary K. Nunn ww [1 INCORRECT NAME (Order required) The plaintiff, having designated a defendant in the complaint by the incorrect name of: INCORRECT NAME and having discovered the true name of the defendant to be: TRUE NAME amends the complaint by substituting the true name for the incorrect name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY ORDER THE COURT ORDERS the amendment approved and filed. Dated AMENDMENT TO COMPLAINT LASC LACIV 105 (Rev. 08/18) (Fictitious / Incorrect Name) For Optional Use Judicial Officer Code Civ. Proc., §§ 471.5, 472,473, 474 OO 0 N N N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On January 17, 2020, I served true copies of the following document(s) described as AMENDMENT TO COMPLAINT (DOE 3 - CALMAT, CO. DBA VULCAN MATERIALS, A DELAWARE CORP.) on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST 3) BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address G.Oyama@musickpeeler.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 17, 2020, at Costa Mesa, California. Payline Pyare Gaylene Oyama 1129081.1 O e 3 Oy 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Karen Hallock, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Adrienne D. Cohen, Esq. Temre L. Fischer, Esq. LAW OFFICES OF ADRIENNE D. COHEN 1551 N. Tustin Avenue, Suite 750 Santa Ana, CA 92705 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email; Karen.hallock@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email: mconstantino@clappmoroney.com lloeck(@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email: morrison@morrisonlawgroup.com schwartz@morrisonlawgroup.com Associated Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (714) 954-0790 Fax: (714) 954-0791 Email: adc@adcohen.com tif@adcohen.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com S H O W N ~~ O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Timothy D. Lucas, Esq. Stanley A. Calvert, Esq. THOMAS | LUCAS 9191 Towne Centre Drive, Suite 190 San Diego, CA 92122 Josiah Boggs, Esq. LAW OFFICES OF KIRK & MYERS 707 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017 Gregory K. Sabo, Esq. Jon A. Turigliatto, Esq. Jeffrey Stewart, Esq. CHAPMAN, GLUCKSMAN, DEAN & ROEB 11900 West Olympic Boulevard, Suite 800 Los Angeles, CA 90064 Brian W. Rhodes, Esq. Benjamin J. Haeck, Esq. Andrew A. Mullen, Esq. ANDREWS & RHODES LLP 21700 Copley Drive, Suite 310 Diamond Bar, CA 91765 1129081.1 Counsel for Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 535-0700 Fax: (858) 535-0701 Email: tlucas@thomaslucasiegal.com scalvert@thomaslucaslegal.com kplati@thomaslucaslegal.com cbrown@thomaslucaslegal.com ccoleman(@thomaslucaslegal.com Counsel for Cross-Defendant/Cross- Complainant ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. (ROE 1) Tel: (213) 228-2466 Fax: (603) 334-7162 Email: josiah.boggs@libertymutual.com Counsel for Cross-Defendant/Cross- Complainant KCB BUILDERS, INC. (ROE 6) Tel: (310) 207-7722 Fax: (310) 207-6550 Email: gsabo@cgdrlaw.com jturigliatto@cgdrlaw.com jstewart@cgdrlaw.com kwindrim@cgdrlaw.com Counsel for Cross-Defendant EARTH BASICS CONTRACTING CORPORATION (ROE 2) Tel: (909) 396-4436 Fax: (909) 396-1366 Email: BWR@Andrews-Rhodes.com BJH@Andrews-Rhodes.com AAM@Andrews-Rhodes.com A O O W O N Oo ce 3 O N WD» 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a7 28 MUSICK, PEELER & GARRETT LLP Samuel J. Muir, Esq. Morgan L. Simpson, Esq. Sharon Sanner Muir COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612 Susan E. Luhring, Esq. MAVREDAKIS CRANERT 35 North Lake Avenue, Suite 500 Pasadena, CA 91101-4195 R. Bryan Martin, Esq. Kimberly A. Byrge, Esq. YOKA & SMITH, LLP 445 South Figueroa Street, 38th Floor Los Angeles, CA 90071 William A. Marquis, Esq. LAW OFFICES OF WILLIAM A. MARQUIS 2522 Chambers Road, Suite 213 Tustin, CA 92780 1125081.1 Counsel for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. (ROE 10) Tel: (510) 844-5100 Fax: (510) 844-5101 Email: smuir@ccmslaw.com msimpson(@ccmslaw.com ssmuir@ccmslaw.com Counsel for Cross-Defendant KELTERITE CORPORATION Tel: (626) 793-4440 Fax: (626) 793-1556 Email; susan. luhring@zurichna.com Counsel for Cross-Defendant CALMAT CO., a Delaware Corporation dba VULCAN MATERIALS CO. Tel: (213) 427-2300 Fax: (213) 427-2330 Email; bmartin@yokasmith.com kbyrge@yokasmith.com Counsel for Cross-Defendant CALLAHAN & NORRELL, INC., a California corporation dba NORCAL ENGINEERING Tel: (714) 832-1600 Email: wamoffice@aol.com NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Rosemary K. Nunn / Nicholas W. Fortino 192248/286323 Musick, Peeler & Garrett, LLP 650 Town Center Dr. Suite 1200 Costa Mesa, CA 92626 ATTORNEY FOR (Name): P| AINTIFF NATURE'S PRODUCE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: 111 N. Hill St. Los Angeles, CA 90012 PLAINTIFF; NATURE'S PRODUCE DEFENDANT: DEDEAUX PROPERTIES, LLC, a California Corporation; FULLMER CONSTRUCTION, etp Reserved for Clerk's File Stamp CASE NUMBER: AMENDMENT TO COMPLAINT BC711351 (Fictitious /Incorrect Name) [V] FICTITIOUS NAME (No order required) Upon the filing of the complaint, the plaintiff, being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of: FICTITIOUS NAME DOE 4 and having discovered the true name of the defendant to be: TRUE NAME Earth Basics Contracting Corporation, a California Corporation amends the complaint by substituting the true name for the fictitious name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY ww 1/17/2020 Rosemary K. Nunn 71 INCORRECT NAME (Order required) The plaintiff, having designated a defendant in the complaint by the incorrect name of: INCORRECT NAME and having discovered the true name of the defendant to be: TRUE NAME amends the complaint by substituting the true name for the incorrect name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY ORDER THE COURT ORDERS the amendment approved and filed. Dated Judicial Officer AMENDMENT TO COMPLAINT Code Civ. Proc., §§ 471.5, LASC LACIV 105 (Rev. 08/18) (Fictitious / Incorrect Name) For Optional Use B O W o N OO 0 J O Y Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Zul 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On January 17, 2020, I served true copies of the following document(s) described as AMENDMENT TO COMPLAINT (DOE 4 - EARTH BASICS CONTRACTING CORPORATION, A CALIFORNIA CORPORATION) on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address G.Oyama@musickpeeler.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 17, 2020, at Costa Mesa, California. GayleneOyama 1129081.1 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Karen Hallock, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Adrienne D. Cohen, Esq. Temre L. Fischer, Esq. LAW OFFICES OF ADRIENNE D. COHEN 1551 N. Tustin Avenue, Suite 750 Santa Ana, CA 92705 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email: Karen.hallock@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email: mconstantino@clappmoroney.com lloeck@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email; morrison@morrisonlawgroup.com schwartz@morrisonlawgroup.com Associated Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (714) 954-0790 Fax: (714) 954-0791 Email: adc@adcohen.com tif@adcohen.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com 0 NN \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Timothy D. Lucas, Esq. Stanley A. Calvert, Esq. THOMAS | LUCAS 9191 Towne Centre Drive, Suite 190 San Diego, CA 92122 Josiah Boggs, Esq. LAW OFFICES OF KIRK & MYERS 707 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017 Gregory K. Sabo, Esq. Jon A. Turigliatto, Esq. Jeffrey Stewart, Esq. CHAPMAN, GLUCKSMAN, DEAN & ROEB 11900 West Olympic Boulevard, Suite 800 Los Angeles, CA 90064 Brian W. Rhodes, Esq. Benjamin J. Haeck, Esq. Andrew A. Mullen, Esq. ANDREWS & RHODES LLP 21700 Copley Drive, Suite 310 Diamond Bar, CA 91765 1129081.1 Counsel for Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 535-0700 Fax: (858) 535-0701 Email: tlucas@thomaslucaslegal.com scalvert@thomaslucaslegal.com kplati@thomaslucaslegal.com cbrown@thomaslucaslegal.com ccoleman(@thomaslucaslegal.com Counsel for Cross-Defendant/Cross- Complainant ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. (ROE 1) Tel: (213) 228-2466 Fax: (603) 334-7162 Email; josiah.boggs@libertymutual.com Counsel for Cross-Defendant/Cross- Complainant KCB BUILDERS, INC. (ROE 6) Tel: (310) 207-7722 Fax: (310) 207-6550 Email: gsabo@cgdrlaw.com Tturigliatto(@cgdrlaw.com jstewart@cgdrlaw.com kwindrim@cgdrlaw.com Counsel for Cross-Defendant EARTH BASICS CONTRACTING CORPORATION (ROE 2) Tel: (909) 396-4436 Fax: (909) 396-1366 Email; BWR@Andrews-Rhodes.com BJH@Andrews-Rhodes.com AAM@Andrews-Rhodes.com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Samuel J. Muir, Esq. Morgan L. Simpson, Esq. Sharon Sanner Muir COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612 Susan E. Luhring, Esq. MAVREDAKIS CRANERT 35 North Lake Avenue, Suite 500 Pasadena, CA 91101-4195 R. Bryan Martin, Esq. Kimberly A. Byrge, Esq. YOKA & SMITH, LLP 445 South Figueroa Street, 38th Floor Los Angeles, CA 90071 William A. Marquis, Esq. LAW OFFICES OF WILLIAM A. MARQUIS 2522 Chambers Road, Suite 213 Tustin, CA 92780 1129081.1 Counsel for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. (ROE 10) Tel: (510) 844-5100 Fax: (510) 844-5101 Email: smuir@ccmslaw.com msimpson@ccmslaw.com ssmuir@ccmslaw.com Counsel for Cross-Defendant KELTERITE CORPORATION Tel: (626) 793-4440 Fax: (626) 793-1556 Email; susan.luhring@zurichna.com Counsel for Cross-Defendant CALMAT CO., a Delaware Corporation dba VULCAN MATERIALS CO. Tel: (213) 427-2300 Fax: (213) 427-2330 Email: bmartin@yokasmith.com kbyrge@yokasmith.com Counsel for Cross-Defendant CALLAHAN & NORRELL, INC., a California corporation dba NORCAL ENGINEERING Tel: (714) 832-1600 Email: wamoffice@aol.com NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Rosemary K. Nunn / Nicholas W. Fortino 192248/286323 Musick, Peeler & Garrett, LLP 650 Town Center Dr. Suite 1200 Costa Mesa, CA 92626 ATTORNEY FOR (Name): P| AINTIFF NATURE'S PRODUCE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: 111 N. Hill St. Los Angeles, CA 90012 PLAINTIFF: NATURE'S PRODUCE DEFENDANT: DEDEAUX PROPERTIES, LLC, a California Corporation; FULLMER CONSTRUCTION, etpy Reserved for Clerk's File Stamp AMENDMENT TO COMPLAINT (Fictitious /Incorrect Name) CASE NUMBER: BC711351 v FICTITIOUS NAME (No order required) Upon the filing of the complaint, the plaintiff, being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of: FICTITIOUS NAME DOE 5 and having discovered the true name of the defendant to be: TRUE NAME Kelterite Corporation, a California Corporation QO mends the complaint by substituting the true name for the fictitious name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY 1/17/2020 Rosemary K. Nunn ww INCORRECT NAME (Order required) The plaintiff, having designated a defendant in the complaint by the incorrect name of: INCORRECT NAME and having discovered the true name of the defendant to be: TRUE NAME amends the complaint by substituting the true name for the incorrect name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY ORDER THE COURT ORDERS the amendment approved and filed. Dated AMENDMENT TO COMPLAINT LASC LACIV 105 (Rev. 08/18) (Fictitious / Incorrect Name) For Optional Use Judicial Officer Code Civ. Proc., §§ 471.5, 472,473, 474 Oo 0 3 Oy 10 11 12 13 14 15 16 17 18 19 20 21 5 23 24 25 26 97 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On January 17, 2020, I served true copies of the following document(s) described as AMENDMENT TO COMPLAINT (DOE 5 - KELTERITE CORPORATION, A CALIFORNIA CORPORATION) on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address G.Oyama@musickpeeler.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 17, 2020, at Costa Mesa, California. Yalu damn Gaylene Oyama & 1129081.1 No OO 00 3 O v wn A Ww 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Karen Hallock, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Adrienne D. Cohen, Esq. Temre L. Fischer, Esq. LAW OFFICES OF ADRIENNE D. COHEN 1551 N. Tustin Avenue, Suite 750 Santa Ana, CA 92705 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email: Karen.hallock(@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email; mconstantino@clappmoroney.com loeck@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email; morrison@morrisonlawgroup.com schwartz@morrisonlawgroup.com Associated Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (714) 954-0790 Fax: (714) 954-0791 Email: adc@adcohen.com tift@adcohen.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com nn ~~ O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Timothy D. Lucas, Esq. Stanley A. Calvert, Esq. THOMAS | LUCAS 9191 Towne Centre Drive, Suite 190 San Diego, CA 92122 Josiah Boggs, Esq. LAW OFFICES OF KIRK & MYERS 707 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017 Gregory K. Sabo, Esq. Jon A. Turigliatto, Esq. Jeffrey Stewart, Esq. CHAPMAN, GLUCKSMAN, DEAN & ROEB 11900 West Olympic Boulevard, Suite 800 Los Angeles, CA 90064 Brian W. Rhodes, Esq. Benjamin J. Haeck, Esq. Andrew A. Mullen, Esq. ANDREWS & RHODES LLP 21700 Copley Drive, Suite 310 Diamond Bar, CA 91765 1129081.1 Counsel for Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 535-0700 Fax: (858) 535-0701 Email: tlucas@thomaslucaslegal.com scalvert@thomaslucaslegal.com kplati@thomaslucaslegal.com cbrown@thomaslucaslegal.com ccoleman(@thomaslucaslegal.com Counsel for Cross-Defendant/Cross- Complainant ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. (ROE 1) Tel: (213) 228-2466 Fax: (603) 334-7162 Email: josiah.boggs@libertymutual.com Counsel for Cross-Defendant/Cross- Complainant KCB BUILDERS, INC. (ROE 6) Tel: (310) 207-7722 Fax: (310) 207-6550 Email: gsabo@cgdrlaw.com jturigliatto@cgdrlaw.com jstewart@cgdrlaw.com kwindrim@cgdrlaw.com Counsel for Cross-Defendant EARTH BASICS CONTRACTING CORPORATION (ROE 2) Tel: (909) 396-4436 Fax: (909) 396-1366 Email: BWR@Andrews-Rhodes.com BJH@Andrews-Rhodes.com AAM@Andrews-Rhodes.com 0 NN O N nm bs \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Samuel J. Muir, Esq. Morgan L. Simpson, Esq. Sharon Sanner Muir COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612 Susan E. Luhring, Esq. MAVREDAKIS CRANERT 35 North Lake Avenue, Suite 500 Pasadena, CA 91101-4195 R. Bryan Martin, Esq. Kimberly A. Byrge, Esq. YOKA & SMITH, LLP 445 South Figueroa Street, 38th Floor Los Angeles, CA 90071 William A. Marquis, Esq. LAW OFFICES OF WILLIAM A. MARQUIS 2522 Chambers Road, Suite 213 Tustin, CA 92780 1129081.1 Counsel for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. (ROE 10) Tel: (510) 844-5100 Fax: (510) 844-5101 Email: smuir@ccmslaw.com msimpson@ccmslaw.com ssmuir(@ccmslaw.com Counsel for Cross-Defendant KELTERITE CORPORATION Tel: (626) 793-4440 Fax: (626) 793-1556 Email: susan.luhring@zurichna.com Counsel for Cross-Defendant CALMAT CO., a Delaware Corporation dba VULCAN MATERIALS CO. Tel: (213) 427-2300 Fax: (213) 427-2330 Email: bmartin@yokasmith.com kbyrge@yokasmith.com Counsel for Cross-Defendant CALLAHAN & NORRELL, INC.,, a California corporation dba NORCAL ENGINEERING Tel: (714) 832-1600 Email: wamoffice@aol.com NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Rosemary K. Nunn / Nicholas W. Fortino 192248/286323 Musick, Peeler & Garrett, LLP 650 Town Center Dr. Suite 1200 Costa Mesa, CA 92626 ATTORNEY FOR (Name): P| AINTIFF NATURE'S PRODUCE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: 111 N. Hill St. Los Angeles, CA 90012 PLAINTIFF: NATURE'S PRODUCE DEFENDANT: DEDEAUX PROPERTIES, LLC, a California Corporation; FULLMER CONSTRUCTION, et Reserved for Clerk's File Stamp AMENDMENT TO COMPLAINT (Fictitious /Incorrect Name) CASE NUMBER: BC711351 v FICTITIOUS NAME (No order required) Upon the filing of the complaint, the plaintiff, being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of: FICTITIOUS NAME DOE 6 and having discovered the true name of the defendant to be: TRUE NAME Onyx Paving Company, Inc., a California Corporation amends the complaint by substituting the true name for the fictitious name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY 1/17/2020 Rosemary K. Nunn Ww INCORRECT NAME (Order required) The plaintiff, having designated a defendant in the complaint by the incorrect name of: INCORRECT NAME and having discovered the true name of the defendant to be: TRUE NAME amends the complaint by substituting the true name for the incorrect name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF ATTORNEY ORDER THE COURT ORDERS the amendment approved and filed. Dated AMENDMENT TO COMPLAINT LASC LACIV 105 (Rev. 08/18) (Fictitious / Incorrect Name) For Optional Use Judicial Officer Code Civ. Proc., §§ 471.5, 472,473, 474 OO © ~~ O N wn BA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On January 17, 2020, I served true copies of the following document(s) described as AMENDMENT TO COMPLAINT (DOE 6 - ONYX PAVING COMPANY, INC, A CALIFORNIA CORPORATION) on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address G.Oyama@musickpeeler.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 17, 2020, at Costa Mesa, California. 7 Yaulune Adama oJ Gaylene Oyama 1129081.1 0 W N O O 0 NN O Y wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Karen Hallock, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Adrienne D. Cohen, Esq. Temre L. Fischer, Esq. LAW OFFICES OF ADRIENNE D. COHEN 1551 N. Tustin Avenue, Suite 750 Santa Ana, CA 92705 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email: Karen.hallock@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email: mconstantino@clappmoroney.com lloeck@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email: morrison@morrisonlawgroup.com schwartz@morrisonlawgroup.com Associated Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (714) 954-0790 Fax: (714) 954-0791 Email: adc@adcohen.com tif@adcohen.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com 28 MUSICK, PEELER & GARRETT LLP Timothy D. Lucas, Esq. Stanley A. Calvert, Esq. THOMAS | LUCAS 9191 Towne Centre Drive, Suite 190 San Diego, CA 92122 Josiah Boggs, Esq. LAW OFFICES OF KIRK & MYERS 707 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017 Gregory K. Sabo, Esq. Jon A. Turigliatto, Esq. Jeffrey Stewart, Esq. CHAPMAN, GLUCKSMAN, DEAN & ROEB 11900 West Olympic Boulevard, Suite 800 Los Angeles, CA 90064 Brian W. Rhodes, Esq. Benjamin J. Haeck, Esq. Andrew A. Mullen, Esq. ANDREWS & RHODES LLP 21700 Copley Drive, Suite 310 Diamond Bar, CA 91765 1129081.1 ‘Counsel for Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 535-0700 Fax: (858) 535-0701 Email: tlucas@thomaslucaslegal.com scalvert@thomaslucaslegal.com kplati@thomaslucaslegal.com cbrown(@thomaslucaslegal.com ccoleman(@thomaslucaslegal.com Counsel for Cross-Defendant/Cross- Complainant ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. (ROE 1) Tel: (213) 228-2466 Fax: (603) 334-7162 Email: josiah.boggs@libertymutual.com Counsel for Cross-Defendant/Cross- Complainant KCB BUILDERS, INC. (ROE 6) Tel: (310) 207-7722 Fax: (310) 207-6550 Email: gsabo@cgdrlaw.com jturigliatto@cgdrlaw.com jstewart@cgdrlaw.com kwindrim@cgdrlaw.com Counsel for Cross-Defendant EARTH BASICS CONTRACTING CORPORATION (ROE 2) Tel: (909) 396-4436 Fax: (909) 396-1366 Email; BWR@Andrews-Rhodes.com BJH@Andrews-Rhodes.com AAM@Andrews-Rhodes.com 00 1 O N a Be W N \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP Samuel J. Muir, Esq. Morgan L. Simpson, Esq. Sharon Sanner Muir COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612 Susan E. Luhring, Esq. MAVREDAKIS CRANERT 35 North Lake Avenue, Suite 500 Pasadena, CA 91101-4195 R. Bryan Martin, Esq. Kimberly A. Byrge, Esq. YOKA & SMITH, LLP 445 South Figueroa Street, 38th Floor Los Angeles, CA 90071 William A. Marquis, Esq. LAW OFFICES OF WILLIAM A. MARQUIS 2522 Chambers Road, Suite 213 Tustin, CA 92780 1129081.1 Counsel for Cross-Defendant DESIGN GROUP FACILITY SOLUTIONS, INC. (ROE 10) Tel: (510) 844-5100 Fax: (510) 844-5101 Email: smuir@ccmslaw.com msimpson{@ccmslaw.com ssmuir@ccmslaw.com Counsel for Cross-Defendant KELTERITE CORPORATION Tel: (626) 793-4440 Fax: (626) 793-1556 Email; susan.luhring@zurichna.com Counsel for Cross-Defendant CALMAT CO., a Delaware Corporation dba VULCAN MATERIALS CO. Tel: (213) 427-2300 Fax: (213) 427-2330 Email: bmartin@yokasmith.com kbyrge@yokasmith.com Counsel for Cross-Defendant CALLAHAN & NORRELL, INC. a California corporation dba NORCAL ENGINEERING Tel: (714) 832-1600 Email: wamoffice@aol.com EXHIBIT “B” OO 0 ~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 MUSICK, PEELER & GARRETT LLP MUSICK, PEELER & GARRETT LLP 650 Town Center Drive, Suite 1200 Costa Mesa, California 92626-1925 Telephone: (714) 668-2400 Facsimile: (714) 668-2490 Rosemary K. Nunn (State Bar No. 192248) r.nunn@musickpeeler.com Natasha M. Wu (State Bar No. 286163) n.wu@musickpeeler.com Attorneys for Plaintiff Nature's Produce SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT NATURE’S PRODUCE, a California CASE No. BC711351 corporation, Case Assignment: Hon. Elaine Lu Plaintiff, Department 26 Vs. NOTICE OF ENTRY OF CASE DEDEAUX PROPERTIES, LLC, a California | MANAGEMENT ORDER limited liability company; FULLMER CONSTRUCTION, a California corporation; R-COLD, INC., a California corporation; VAL ELECTRIC, INC., a California corporation; AND DOES 1-50, INCLUSIVE, Defendants. Complaint File: June 22, 2018 Trial Date: May 4, 2020 AND ALL RELATED CROSS-ACTIONS TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on May 5, 2019, the Court signed the Parties’ Stipulation and Request for Entry of Case Management Order. The Parties’ proposed Case Management Order is now the Order of the Court. 117 vy 1158170.1 1 NOTICE OF ENTRY OF CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP A copy of the Court's Order is attached as Exhibit "A." DATED: May + , 2019 MUSICK, PEELER & GARRETT LLP 1158170.1 Rosemary K. Nunn Natasha M. Wu Attorneys for Plaintiff Nature's Produce 2 NOTICE OF ENTRY OF CASE MANAGEMENT ORDER EXHIBIT "A" No H W El ec tr on ic al ly Re ce iv ed 04 /1 5/ 20 19 03 :2 1 PM Oo 0 3 O n Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP : FILED MUSICK, PEELER & GARRETT LLP Superior Court of California 650 Town Center Drive, Suite 1200 untyal tos ngales Costa Mesa, California 92626-1925 05/08/2019 Telephone: (714) 668-2400 gi Con em ie oo § fds EE Facsimile: (714) 668-2490 Seen EL Carter. Ente Acer Chad of Cad By: Etalina lopez party Rosemary K. Nunn (State Bar No. 192248) r.nunn@musickpeeler.com Natasha M. Wu (State Bar No. 286163) n.wu@musickpeeler.com Attorneys for Plaintiff Nature's Produce SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT NATURE'S PRODUCE, a California CASE No. BC711351 corporation, Case Assignment: Hon. Elaine Lu Plaintiff, Department 26 vs. STIPULATION AND REQUEST FOR DEDEAUX PROPERTIES, LLC, a California | ENTRY OF CASE MANAGEMENT limited liability company; FULLMER ORDER CONSTRUCTION, a California corporation; R-COLD, INC., a California corporation; VAL ELECTRIC, INC., a California corporation; AND DOES 1-50, INCLUSIVE, Complaint Filed: June 22,2018 Defendants. Trial Date: May 4, 2020 AND ALL RELATED CROSS-ACTIONS This stipulation is submitted jointly by counsels of record for Plaintiff Nature's Produce and Defendant Dedeaux Properties, LLC, Defendant/Cross-Complainant Fullmer Construction, Defendant/Cross-Defendant R-Cold, Inc., Defendant/Cross-Complainant/Cross-Defendant Val Electric, Inc., and Cross-Defendant Onyx Paving Company, Inc. (collectively, the "Parties"). 1 1 Hn 1147285.1 1 STIPULATION AND REQUEST FOR ENTRY OF CASE MANAGEMENT ORDER Elect ro ni ca ll y Re ce iv ed 04 /1 5/ 20 19 03 :2 1 P M ~ o N a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP 1 1. WHEREAS, this matter is a construction defect action that currently involves six parties and may require adding additional defendants and/or cross-defendants as discovery and investigation continue; 2. WHEREAS, counsels of record for the Parties have met and conferred regarding the handling of the litigation and discovery in this matter. Pursuant to stipulation by and through the undersigned counsels of record, the Parties hereby submit the proposed Case Management Order ("CMO") attached hereto as Exhibit "A" for the Court's consideration; 3. WHEREAS, the purpose of this CMO is to establish a case management plan for this litigation in order to avoid inconsistent or duplicative rulings, reduce the costs of litigation, assist the parties in resolving their disputes, and reduce the costs and difficulties of discovery and trial with numerous parties; 4. WHEREAS, this CMO has been approved and signed by the Mediator, Ross R. Hart, Esq., Arbitration Mediation Conciliation Center, 1000 Wilshire Blvd., Suite 1150, Los Angeles, CA 90017, 5. WHEREAS, the Parties respectfully request that the Court adopt the proposed CMO attached hereto as Exhibit "A" as an Order of the Court. IT IS SO STIPULATED. DATED: April 19, 2019 MUSICK, PEELER & GARRETT LLP + hE kA 1 NK Nun n Natasha M. Wu Attorneys for Plaintiff Nature's Produce DATED: April 1.2019 CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY Matthew S. Constantino Laura J. Loeck Attorneys for Defendant Dedeaux Properties, LLC, and "Defendant and Cross-Complainant Fullmer Construction 1147285.1 J STIPULATION AND REQUEST FOR ENTRY OF CASE MANAGEMENT ORDER 1 | DATED: April _9 ,2019 THE MORRISON LAW GROUP 2 ed 3 By: - J : - Edward F. Morrison, Jr. 4 Larry A. Schwartz Attorneys for Defendant and Cross-Defendant 5 R-Cold, Inc. 6 7 DATED: April ___ ,2019 DIEDERICH & ASSOCIATES 8 By: 9 Donna E. Moore 10 Attorneys for Defendant, Cross-Complainant, and Cross-Defendant Val Electric, Inc., and Cross- 11 Defendant Onyx Paving Company, Inc. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 MUSICK, PEELER & GARRETT LLP 1147285.1 3 STIPULATION AND REQUEST FOR ENTRY OF CASE MANAGEMENT ORDER OO 0 3 O N hh W N N O N O R N O R D O N R N RN r e ee e m s e e e e e ND O h t h Bs W O R N = O VW N N Lh s w N N O 28 MUSICE, PEELER & GARRETT LLP DATED: April , 2019 THE MORRISON LAW GROUP By: Edward F. Morrison, Jr. Larry A. Schwartz Attorneys for Defendant and Cross-Defendant R-Cold, Inc. DATED: April, 3 52019 DIEDERICH & ASSOCIATES 1147285.1 Attorneys for Defendant, Cross-Complainant, and Cross-Defendant Val Electric, Inc., and Cross- Defendant Onyx Paving Company, Inc. 3 STIPULATION AND REQUEST FOR ENTRY OF CASE MANAGEMENT ORDER 0 Nx O N © 10 Ll 12 13 14 15 16 17 18 19 20 21 22 23 24 pi 26 27 28 MUSICK, PEELER & GARRETT LLP ORDER GOOD CAUSE APPEARING THEREFOR, THE COURT MAKES THE FOLLOWING ORDER: The proposed Case Management Order attached as Exhibit "A" to the Parties’ Stipulation and Request for Entry of Case Management Order shall be the Order of the Court. Dated: 1147285.1 IT IS SO ORDERED. Elaine Lu f Judge JUDGE OF THE SUPERIOR COURT 05/06/2019 2019 4 STIPULATION AND REQUEST FOR ENTRY OF CASE MANAGEMENT ORDER EXHIBIT "A" IN ~ O N W n 10 11 12 13 14 15 16 17 18 19 20 21 73 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT NATURE'S PRODUCE, a California CASE No. BC711351 corporation, Case Assignment: Hon. Elaine Lu Plaintiff, Department 26 Vs. [PROPOSED] CASE MANAGEMENT DEDEAUX PROPERTIES, LLC, a California | ORDER limited liability company; FULLMER CONSTRUCTION, a California corporation; R-COLD, INC., a California corporation; VAL ELECTRIC, INC., a California corporation; AND DOES 1-50, INCLUSIVE, Complaint Filed: June 22, 2018 Defendants. Trial Date: May 4, 2020 AND ALL RELATED CROSS-ACTIONS The parties to this action, by and through their attorneys of record, hereby stipulate: 1. General Provisions 1.1 Service of this Order. A copy of this order and all subsequent orders shall be served with the complaint and any cross-complaints on any new party brought into the above- referenced action. 1 1 1143752.3 1 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP 1.2 Scope of Order. This order shall govern all future pleadings, discovery, and settlement/mediation issues arising in this case; it may be modified and/or supplemented by application and further order(s) of the Court. 1.3 Code Governs Where Silent. On any matter as to which this Order is silent, the Code of Civil Procedure, the California Rules of Court, other applicable statutes and case law, and local rules of this Court shall govern. 2. Parties, Cross-Complaints, and Answers 2.1 Naming Additional Parties. The parties may amend any operative pleading to add or identify additional defendants or cross-defendants within thirty (30) days from the April 11, 2019, the date of the visual site inspection of Nature's Produce, without leave of Court. Service must be accomplished no later than thirty (30) days thereafter unless for good cause shown. 2.2 Service of CMO on New Parties. In addition to any such complaint or cross- complaint served on a new party, there shall be served together therewith, a copy of this Case Management Order and all amendments thereto, whereupon this Order shall bind such newly appearing party unless the Court grants the party relief there from upon noticed motion, filed and served within thirty (30) days of the party's appearance in the case, for good cause shown. 2.3 No Waiver of CCP Section 411.35. Nothing in this order shall affect the requirements for the filing of a Certificate of Merit as set forth in Code of Civil Procedure Section 411.35. 2.4 Entry of Default. All parties are ordered to seek the entry of default against a served party if a responsive pleading or answer is not filed within sixty (60) days following service, unless the Court agrees to an extension. 3. Discovery 3.1 Stay on Discovery. All discovery between parties not specifically permitted in this Order is hereby stayed, except for good cause demonstrated after application to the Court. This stay does not affect discovery requests currently outstanding between the parties, and does not apply to discovery requests to non-parties now pending or made after the date this Order is entered. 11437523 2 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 MUSICK, PEELER & GARRETT LLP 3.2 Documents to be Produced. Unless otherwise directed by the Court, within thirty (30) calendar days of the filing of this Order or of a party's appearance in this case, whichever is later, the appearing party shall produce verified, Bates-stamped copies of all such non-privileged documents in its possession, custody, or control that refer, relate, or pertain to the producing party's work performed and/or work performed on behalf of producing party at the property that is the subject matter of Plaintiff Nature's Produce's action (hereinafter, the "Project"). Each party shall use an alphabetical code preceding its numbered set of documents sufficient to identify itself. Documents may be produced electronically or via hard copies. The term "document" has the same meaning as the term "writing" as defined in Evidence Code section 250, and the term is meant to be all inclusive (e.g., contracts re: construction, management, maintenance and repair of the Project, including change orders, correspondence between parties, plans, specifications, detail drawings, product instructions, Title 24 reports, calculations, invoices, field notes and memos, owner and contractor minutes, special inspection reports, and documents identifying persons involved in the construction). Photographs, plans, sketches, and videos produced shall be original photographs or clear and reproducible color copies. The documents to be produced include, without limitation, all contracts, agreements, addenda, amendments, change orders, change order requests, requests for information, responses to requests for information, charge back records, work bids, job logs, notes, calculations (including seismic drift and other structural and load calculations), correspondence, memoranda, invoices, photographs, diagrams, engineering reports, shop drawings, blueprints, design plans, permit plans, as-built plans, permits, specifications, soils reports, clarifications, requests for clarification, maintenance manuals, product, construction and other warranties, Title 24, acoustic, and ventilation reports, and punch lists, and which relate in any way to the Project. For any party that has already produced responsive documents prior to the entry of this Order, no further action is required except for producing said documents to any newly appearing party that was not a recipient of the original production of documents, and compliance with the below paragraph regarding continuing obligations for producing newly discovered documents, 1143752.3 3 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP All parties are under a continuing obligation to produce all non-privileged, responsive documents discovered after the initial production. Such documents shall be produced within twenty (20) calendar days of the party's receipt or discovery of the additional documents. In the event that a party subsequently discovers documents, that party shall follow the same procedure set forth in this order. If it becomes necessary for any party to supplement its initial production, the party must serve a Notice of Compliance which depicts the number of the production by that party (e.g., Second Notice of Compliance; Third Notice of Compliance, etc.), in the format required by this order and the same shall specify the Bates-numbered documents that were produced before and the Bates-numbered documents then being additionally produced. The requirements of this paragraph shall supersede previously issued discovery requests for the same documents, and the responding party shall be permitted to serve documents in accordance with the requirements stated herein. 3.3 Notice of Compliance. All parties who have not already done so shall serve a verified "Notice of Compliance," signed by the party, within two (2) court days of serving their respective documents. The Notice of Compliance shall contain an index or general description of the documents produced. The documents must be consecutively Bates-stamped. 3.4 Privileged Documents. Any party withholding any document on grounds of privilege shall deposit and serve upon all parties a log of documents withheld from production listing the author, all recipients, the date, a description of the document, and the privilege or protection claimed. 3.5 Inspection of Originals. In the event copies of documents are served upon the parties, for reasonable cause, any party may request an opportunity to view and copy the originals of any produced document. After a reasonable attempt at informal resolution, any party may make a motion for an opportunity to view and copy originals for good cause shown. 3.6 Absence of Documents or Information. If no documents exist responsive to any category of document specified in this section, the party shall verify and file a declaration stating and signing under oath the following: (1) that a diligent search and a reasonable inquiry has been made in an effort to comply with this production requirement; (2) whether the inability to comply 1143752.3 4 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 23 28 MUSICK, PEELER & GARRETT LLP is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, stolen, or has never been, or is no longer in the possession, custody or control of the responding party with a statement as to how the same has been ascertained; and (3) the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item and how the same is believed or known. 3.7 Insurance Questionnaire: (a) Within thirty (30) calendar days of the filing of this order, or of a party's appearance in this case, Defendant(s) and Cross-Defendant(s) shall serve verified answers to the Insurance Questionnaire, attached hereto as Exhibit "A." (b) If any party to the litigation is named or claims to be an insured under/to a wrap policy of insurance, a complete copy of the policy with the limits stated, including any proof of enrollment therein, must be produced. (c) If any party to the litigation is named as an additional insured to any applicable wrap, liability, professional, or other policy of insurance arguably providing coverage for the claims in this action, a complete copy of the policy with the limits stated, including all additional insured certificates and/or endorsements, must be produced to the depository. (d) All design professionals, including design-build contractors or those who performed any design services at the Project are to produce to the depository a complete copy of their professional and liability policy(ies) to the depository, including all additional insured certificates and/or endorsements. (e) Any party who has received a reservation of rights letter from a carrier in connection with this matter shall bring it to the Settlement Conference for an in-camera review by the Court, without waiver of any privileges. ® All defendants and/or cross-defendants have an affirmative and continuing obligation to update, amend, or supplement their insurance information upon learning of any change in carrier position or upon discovery of any additional insurance policies or information not previously disclosed. 1143752.3 5 CASE MANAGEMENT ORDER 00 = AN 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP 3.8 Scope of Work Statement. Within thirty (30) calendar days of the filing of this order, or within thirty (30) calendar days of a party's appearance in this case, as applicable, defendant(s) and/or cross-defendant(s) shall serve a response to the Statement of Work, attached hereto as Exhibit "B." To the extent a party is not able to provide a complete Statement of Work within the time noted, said party shall serve a Preliminary Statement of Work reporting what it currently knows together with a description of its best efforts to gain complete information and shall have a continuing obligation to provide information as it becomes known and shall issue a Supplement to the Preliminary Statement of Work. 4, Privileged Communication/Privilege as to Discussions and Meetings All oral information exchanged by parties, their attorneys, principals, consultants, or others in the course of, or during, site inspections, joint expert meetings, settlement conferences, mediation, teleconferences, or other events taking place under the order of the Court, and/or settlement discussions, and/or contained in case management orders, with the exception of formal discovery approved by the Court, and with the exception of discovery to non-parties, is for settlement purposes only, and is not admissible as evidence or for impeachment at trial, cannot be used for any purpose prior, during, or after trial, cannot be used on appeal, or in any other civil action, and disclosure of anything said or of any such document shall not be compelled in any civil action in which, pursuant to law, testimony can be compelled to be given, and are deemed to be confidential communications pursuant to Evidence Code sections 1152 and 1115, et seq. and this Order. 5. Scope of Work/Insurance Meeting By the date(s) set forth in the CMO timeline, a scope of work/insurance meeting will be held with all counsel to discuss scope of work and insurance issues. Developer and/or General Contractor counsel, within one week after said meeting, will prepare and serve the Mediator and all parties with a report on the outcome of that meeting, identifying by party: I. Which parties and the Developer have no scope of work disputes; 11437523 6 CASE MANAGEMENT ORDER O e 3 O y 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP il. Which parties have ongoing scope of work disputes and what is going to be done to resolve those disputes (e.g. PMQ depositions, etc.); and, iii. Which insurance companies, if any, it appears should be, but are not, defending one of the parties and what is going to be done to pursue and perfect a defense. 6. Plaintiff's Preliminary Statement of Claims Within thirty (30) calendar days of this Order, Plaintiff shall serve to Defendants and all other parties known to be in or coming into the case, Plaintiff's Preliminary Statement of Claims specifying the claims and defects alleged to exist at the Project, together with test data and results of any testing and/or investigation performed by or on behalf of Plaintiff as of the date of the Preliminary Statement of Claims. This report remains preliminary and Plaintiff shall not be limited at the time of trial to the claims set forth therein. Plaintiff's Preliminary Statement of Claims is privileged work product. It cannot be used by the defense for any purpose connected with discovery or trial, is inadmissible at trial as evidence or for impeachment, in whole or in part, and cannot be commented on if its content changes before the deposition of the generators of the report. This Order extends to amended or further supplemental reports provided to the defense before the exchange of expert reports for deposition pursuant to this order, by subsequent order, or by statute. Ze Defendants’ Responsive Report to Plaintiff's Preliminary Statement of Claims By the date set forth in Exhibit "D," Defendants shall serve a responsive report setting forth their opinions and conclusions regarding Plaintiff's Preliminary Statement of Claims to all parties of record. This report remains preliminary and Defendants shall not be limited at the time of trial to the claims set forth therein. Defendants’ Responsive Report to Plaintiff's Preliminary Statement of Claims is privileged work product. It cannot be used by the plaintiff for any purpose connected with discovery or trial, is inadmissible at trial as evidence or for impeachment, in whole or in part, and cannot be commented on if its content changes before the deposition of the generators of the report. This Order extends to amended or further supplemental responsive reports provided to the 11437523 7 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP plaintiff before the exchange of expert reports for deposition pursuant to this order, by subsequent order, or by statute. 8. Plaintiff's Preliminary Cost of Repair By the date set forth in Exhibit "D," Plaintiff shall serve its Preliminary Cost of Repair. The Preliminary Cost of Repair and any attached documents shall be protected under Evidence Code sections 1115, et seq., and 1152, et seq. 9. Defendants' Responsive Report to Plaintiff's Preliminary Cost of Repair By the date set forth in Exhibit "D," Defendants shall serve a responsive report setting forth their opinions and conclusions regarding Plaintiff's Preliminary Cost of Repair to all parties of record. Defendants’ Responsive Report to Plaintiff's Preliminary Cost of Repair and any attached documents shall be protected under Evidence Code sections 1115, ef seq., and 1152, et seq. 10. Inspections, Testing, and Emergency or Other Repairs 10.1 Inspections and/or Testing. Inspections or testing shall be conducted on the date(s) set forth in Exhibit "D," except that Plaintiff may perform destructive testing at any time, so long as all parties receive at least five (5) court days' notice before such testing. However, if Plaintiff conducts additional destructive testing after the dates set for defense destructive testing, all parties shall have the opportunity to request additional destructive testing limited in scope to mirror what Plaintiff did. All parties, other than Plaintiff, interested in conducting interior and exterior non- destructive site inspections, will be given the opportunity to conduct such inspections. A site inspection schedule shall be published by Plaintiff's counsel consistent with the CMO timeline. Plaintiff will give 15 days’ notice of any subsequent visual site inspection. In the event that Plaintiff's Statement of Claims is modified after the initial site inspection or subsequent inspections and/or destructive testing, Defendants reserve the right to conduct further inspections and/or destructive testing. The parties shall be entitled to inspect, photograph, videotape, and measure the property involved, but there shall be no sampling, testing, or markings made during these non-destructive 1143752.3 3 CASE MANAGEMENT ORDER A W N Ww 0 ~~ O n L h 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP inspections. Any disputes concerning inspections shall initially be presented to the Discovery Referee for resolution. 10.2 Destructive Testing. By the date(s) set forth in the CMO timeline, any party other than Plaintiff interested in conducting interior or exterior destructive testing shall complete Exhibit "C," attached to this Order, and submit the completed Exhibit "C" to all counsel. All counsel shall meet and confer regarding scope and scheduling of destructive testing. All parties will make every effort to conduct joint destructive testing and to minimize disturbance to Plaintiff's ongoing business, which operates 24 hours a day, 7 days a week, at the Project. A destructive testing schedule shall then be published by Plaintiff's counsel consistent with the CMO timeline. Those parties who participate in a specific destructive testing shall share pro-rata in the cost of that specific destructive testing and restoration. Participation includes extracting, sampling, dismantling, moving, and/or directing the testing. Any party shall be permitted to observe, photograph, videotape, record, or attend the testing without charge, so long as it does not delay, interfere with, or increase the cost of testing. Any dispute concerning the testing or cost sharing shall initially be presented to the Discovery Referee for resolution. 10.3 Rules Regarding Entry on and Destructive Testing of the Project. The destructive testing may involve removal of construction materials for testing or sampling from the subject property. The area of testing shall be protected from inclement weather and shall be immediately repaired and restored by the party(ies) conducting the testing. In no case shall the repairs take more than three (3) calendar days, from start to finish. An extended amount of time will be allowed for repairs if Plaintiff has expressly agreed to such an extension of time. Any repair dispute shall be first submitted to the Discovery Referee for review and recommendation to the Court. The testing party(ies) shall ensure that all construction or engineering companies performing destructive testing repairs on its(their) behalf(ves) are licensed contractors that carry adequate liability and Workers' Compensation insurance for the period of time spent doing the destructive testing and said insurance shall provide additional/insured coverage for Plaintiff. Proof of this insurance shall be made available to Plaintiff's counsel upon request. 1143752.3 9 CASE MANAGEMENT ORDER 0 N N A Oo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP If any damage to Plaintiff's property occurs as a result of the operations or activities of any party, including damage or loss of personal property, the party shall immediately compensate the appropriate party for such injury or damage in an amount to be agreed upon by the damaged party and responsible party, or, if they cannot agree, an amount to be determined by the Court on recommendation from the Discovery Referee. The parties, their lawyers, and their experts are prohibited from communicating with Plaintiff's employees or personnel during destructive testing, except as necessary to facilitate the physical destructive testing efforts and any associated repairs. 10.4 Repairs. Plaintiff's counsel will provide three (3) court days written notice of any known remedial repairs to be undertaken unless exigent circumstances prohibit such notice. If an exigent repair is required, Plaintiff's counsel is to give as much advance notice as possible to the parties. Such notice, regarding remedial or emergency repairs to areas that impact relevant issues in the lawsuit, will allow defendants and cross-defendants and their experts the opportunity to observe and document the condition and the repair. 11. Plaintiff's Final Statement of Claims By the date set forth in Exhibit "D," Plaintiff will serve its Final Statement of Claim to all parties of record. Said document shall provide a complete, descriptive, specific, and final statement of the alleged defects on the Property. The Final Statement of Claims and any attached documents shall not be protected under Evidence Code sections 1115, ef seq., and 1152, ef seq. If Plaintiff thereafter amends its Final Statement of Claims, any party objecting may bring their objection before the Discovery Referee for resolution with twenty-one (21) days of the amendment. I i" i i" 1 11437523 10 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP 12. Defendants' Responsive Report on Plaintiff's Final Statement of Claims By the date set forth in Exhibit "D," Defendants shall serve a responsive report setting forth their opinions and conclusions regarding Plaintiff's Final Statement of Claims to all parties of record. Said reports shall provide a complete, descriptive, specific, and final statement responsive to each of the alleged defects at the Property. These responsive reports shall not be protected under Evidence Code sections 1115, ef seq., and 1152, ef seq. 13. Plaintiff's Final Cost of Repair By the date set forth in Exhibit "D," Plaintiff will serve its Final Cost of Repair to all parties of record. The statement shall set forth a description of the repair methodology and cost of repair of each defect alleged, including a detailed explanation of any alleged associated relocation or business expenses. The statement shall provide sufficient information for a professional cost estimator to ascertain the specific nature of the repairs, the specific location of the repairs, and the quantities of labor and material estimated to make the repairs. The Final Cost of Repair shall not be protected under Evidence Code sections 1115, ef seq., and 1152, ef seq. If the Plaintiff thereafter amends its Final Cost of Repair, any party objecting may bring their objection before the Discovery Referee for resolution with twenty-one (21) days of the amendment. However, if Plaintiff is asked to prepare a revised cost of repair statement by the Mediator solely for mediation, such revised statement shall be protected under Evidence Code sections 1115, et seq., and 1152, ef seq. 14, Defendants’ Responsive Report on Plaintiff's Final Cost of Repair By the date set forth in Exhibit "D," Defendants shall serve a responsive report setting forth their opinions and conclusions regarding Plaintiff's Final Cost of Repair to all parties of record. The reports shall set forth a description of the repair methodology, cost of repair for each defect alleged, and include a detailed explanation of any associated relocation or business expenses. The statement shall provide sufficient information for a professional cost estimator to ascertain the specific nature of the repairs, the specific location of the repairs, and the quantities of labor and material estimated to make the repairs. The Final Cost of Repair shall not be protected under Evidence Code sections 1115, ef seq., and 1152, ef seq. 11437523 11 CASE MANAGEMENT ORDER O o ~~ Dh 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP If a defendant amends thereafter, any party objecting may bring their objection before the Discovery Referee for resolution with twenty-one (21) days of the amendment. However, if a defendant is asked to prepare a revised cost of repair statement by the Mediator solely for mediation, such revised statement shall be protected under Evidence Code sections 1115, et seq., and 1152, ef seq. 15. Joint Expert Meetings Joint expert meetings will take place as outlined in Exhibit "D." 16. Percipient Witness Depositions As set forth in Exhibit "D," percipient witness depositions shall be taken on a schedule agreed to by the parties in the window of time set forth. The parties shall meet and confer to develop a deposition schedule. At this conference, each party who has an officer or employee that has left their employment must confirm whether they will still be producing said individual without the need of a subpoena or whether that person must be subpoenaed and provide last known address and telephone number of said individual. To the extent that any percipient witness resides out of state or outside of Southern California, the parties shall meet and confer to discussing sharing such witness's travel expenses to testify locally. 17. Expert Witness: Designations and Depositions 17.1 Expert Witness Designations. Expert witness designations shall take place by the date set forth in Exhibit "D." Both the first and second designations of expert witnesses shall conform to the requirements of Code of Civil Procedure section 2034.210, ef seq. 17.2 Expert Witness Depositions. An initial meet and confer by all counsel shall be scheduled on the date(s) set forth in Exhibit "D" to establish a deposition protocol and schedule. The deposition of experts shall take place in the window of time set forth in Exhibit "D." (a) All documents in said expert's file shall be served to all parties of record, together with an index of all such documents no later than seven (7) days prior to the deposition. "Documents" is defined in its broadest sense to include photographs, computerized data, etc., as set forth in Evidence Code 1143752.3 12 CASE MANAGEMENT ORDER Ow o o = 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP section 250. The expert deposition schedule shall be organized based on the expertise of experts starting with Plaintiff's designated expert(s), then the Developer's designated expert(s), then the General Contractor's designated expert(s), and followed by the subcontractors, etc. ®) Deposition fees payable to experts by deposing parties shall not include preparation time or compensation for travel time or minimum charges that exceed the expert's standard hourly rates for deposition testimony. (c) Compensation of the expert shall be split by the parties taking the deposition in proportion to the length of their examination of the witness, unless some other agreement is reached. (d) Any disputes regarding the protocol, the scheduling, or payment of expert witnesses shall initially be presented to the Discovery Referee for resolution. | 18. Mediation, Discovery Referee, and Mandatory Settlement Conference 18.1 Mediator and Discovery Referee. The Court hereby appoints Ross R. Hart, Esq. as the Mediator and Discovery Referee in this action to conduct assisted voluntary resolution between the parties. Ross R. Hart, Esq. can be contacted through Arbitration Mediation Conciliation Center, located at 1000 Wilshire Blvd., Suite 1150 Los Angeles, CA 90017. Tel: (213) 688-3475, and CaseManager@AMCCenter.com Ross R. Hart, Esq.'s current rate is $12,500.00 per day for mediation, with an hourly rate of $995.00 per hour for any additional time beyond 10 hours of mediation. An additional non- refundable facility, file management, and document services fee of $200.00 per mediation session is also assessed per party. The Mediator/Discovery Referee shall be compensated at his billing rates and administrative fees, if any, as of the date this CMO is entered by the Court. The compensation of the Mediator/Discovery Referee shall be paid evenly between all parties. As to all issues related to the compensation of the Mediator/Discovery Referee, the Mediator/Discovery Referee shall have the power to recommend a different allocation depending upon a number of 11437523 13 CASE MANAGEMENT ORDER an ~~ O N w h 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP factors, including the nature of services provided, the parties benefiting directly from those services and the number of parties remaining in the case at the time services are provided. 18.2 Location of Mediation. The mediations will be held at Arbitration Mediation Conciliation Center's Los Angeles conference center, located at 1000 Wilshire Blvd., Suite 1150, Los Angeles, CA 90017. 18.3 Conditions of Voluntary Mediation. All mediation sessions are voluntary. The Mediator may, in his discretion, set additional dates for mediation if the Mediator, after consultation with counsel for Plaintiff, Defendants, and Cross-Defendants, determines this would be appropriate based on the progression of settlement effects at that time. 18.4 Mandatory Settlement Conference. If this matter is not resolved at the Mediation Sessions provided herein, the Court may schedule one or more Mandatory Settlement Conferences to be conducted pursuant to California Rules of Court, rule 3.1380. The Court appoints to serve in the capacity of a Settlement Conference Referee pursuant to Code of Civil Procedure section 639 to assist the Court in conducting the Mandatory Settlement Conference(s). Fees arising from the appointment as a Settlement Conference Referee shall be divided for payment equally among the parties. All parties shall attend the Mandatory Settlement Conference(s) as provided in the Code of Civil Procedure, California Rules of Court and Local Rules, except a party's attendance may be excused on written application to the Court, with notice provided to all parties. The provisions of any local court rule requiring the filing of Mandatory Settlement Conference statements or briefs are waived, except as provided by further Order of the Court. If necessary and upon request and recommendation of the Settlement Conference Referee, this Court stands ready to personally participate in one or more of the Mandatory Settlement Conferences, or if the parties prefer a judge other than the undersigned judge to whom this matter is assigned for trial, another sitting judge will be made available by the Court for this purpose. Should any party request leave to not attend a Mandatory Settlement Conference, such leave must be made to and granted by the Court. The Settlement Conference Referee shall not be responsible for hearing and ruling on demurrers, summary judgments, or motions for dismissal. 11437523 14 CASE MANAGEMENT ORDER IN OO 0 ~~ O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP No later than sixty (60) days after settlement has been reached a settlement status conference call shall take place among the settlement parties and the Settlement Conference Referee. Said call shall be for the purpose of determining the status of execution of settlement agreements, releases, and other closing documents, as well as the status of settlement funding. 18.5 Plaintiff's Settlement Demand. Plaintiff shall serve on all parties a settlement demand for resolution of all claims in this action within fifteen (15) days of the mediation(s). The settlement demand is for mediation purposes only and subject to the protection of Evidence Code sections 1119 and 1152, and shall have no evidentiary impact. 18.6 Confidentiality and Non-Admissibility. Mediations shall be confidential. Except as provided herein, all matters exchanged or discussed by all parties and/or their experts or consultants at or in connection with mediation shall be inadmissible at trial, pursuant to Evidence Code sections 1119, et seq. Evidence of anything said or any admission made by attorneys, parties, principals, consultants, experts, or others in the course of any "mediation proceeding” (including, but not limited to, status conferences, joint expert meetings, show and tell presentations, meetings among counsel, parties, experts, or carrier representatives regarding the litigation) and any document prepared for the purpose of, or in the course of, or pursuant to any mediation proceeding shall be deemed privileged pursuant to Evidence Code sections 1119, ef seq. 19. Calendar of Events Attached hereto as Exhibit "D" is a proposed calendar of events in this case. The parties realize this calendar is tentative and may change given the nature and complexity of the case. 20. Miscellaneous Provisions 20.1 Electronic Service. From the date of the Order, the parties agree to accept electric service of documents pursuant to Code of Civil Procedure sections 1010.6, 1013(g), and California Rules of Court, rule 2.251. 20.2 Relief from Orders. Any party, upon application to the Court, may seek relief from any provision in this Order or any decision by the Discovery Referee or Settlement Conference Referee. 11437523 15 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 MUSICK, PEELER & GARRETT LLP 20.3 Correspondence. The Court is not to be copied with letters between the parties or between a party and the Discovery Referee or Mediator. 20.4 Retained Jurisdiction. The Court retains jurisdiction over all parties to resolve any unpaid fees to the Mediator and/or Discovery Referee, any obligations owed by the parties under the Case Management Order, or pursuant to other agreements of the parties. 21. Court-Related Dates (a) The cut-off date for completion of discovery is as set forth in Exhibit "D," unless extended by stipulation of all parties or by leave of Court. (b) The cut-off for the hearing of motions is as set forth in Exhibit "D" unless extended by leave of Court. (The cut-off dates for Motions for Summary Judgment and/or Summary Adjudication are as per Code.) (©) The cut-off for the posting of jury fees is per Code. (d) The Trial Readiness Conference is as set forth in Exhibit "D." (e) The Trial Call date is as set forth in Exhibit "D." ® Exhibit "D" sets forth the Case Management Order timeline, which provides the calendar of events in this case. The parties realize this calendar is tentative and may change given the nature and complexity of the case. I accept the appointment referenced above: Dated: 4/10/2019 vl 1:74 DISCOVERY REFEREE Reviewed and Accepted: Dated: 4/10/2019 WP MEDIATOR 11437523 16 CASE MANAGEMENT ORDER RX N N Wn BA W N Oo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP EXHIBIT "A" INSURANCE QUESTIONNAIRE Name of party. Name of trial attorney. Name of insurance carrier(s). Is the carrier excess or primary? (If more than one carrier, answer questions 4-16 for each potential carrier). 3 policy: 8. Policy information a) Policy no(s).: b) Policy type: c) Policy limits for each type of coverage contained in the policy: d) Policy period: e) Provide the estimate amount of remaining aggregate coverage for such Is the carrier defending under a reservation of rights? Is there a deductible or self-insured retention ("S.I.R.")? a) If so, how much is the deductible or S.I.LR.? b) If so, can it be satisfied by payment of defense expenditures? Name, address, and telephone number of insurance representative with primary responsibility for claim against your client. 9. Name, address, and telephone number of insurance representative with full settlement authority (if different from above). 10. 11. 12. B. 1143752.3 Has coverage been denied? When was coverage denied? Basis of denial: Has coverage been revoked, rescinded, or "bought back"? a) If so, date coverage was revoked, rescinded, or "bought back": 17 CASE MANAGEMENT ORDER O 00 ~~ O N wn hh Ww ND 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP b) Name, address, and telephone number of insurance representative revoking, rescinding, or "buying back" coverage: 14. As to each policy, please indicate whether it provides completed operations coverage and/or contains a broad form endorsement. 15. Are you aware of any additional insured endorsements relating to this litigation? If "yes," provide the name of each additional insured, the type of endorsement and the period of coverage and indicate whether or not said insurance company has agreed to defend you pursuant to said additional insured endorsements. (Said information is to be updated every 90 days). 16. Provide the name, address, and telephone number of the present custodian of the policy(s). 17. Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the alleged defects that are the subject of this action? a) If you answered "yes," specify the statute. 18. Name, address, and telephone number of each named insured. 19. At the time you performed your work at the project, who in your company was responsible for obtaining your insurance policies and additional insured endorsements? 20. Name and address of your insurance broker/agent from whom you purchased the applicable insurance. NOTE: A VERIFICATION SIGNED BY THE PARTY UNDER PENALTY OF PERJURY MUST ACCOMPANY THE RESPONSES TO THE INSURANCE QUESTIONNAIRE. 1143752.3 18 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER 8& GARRETT LLP EXHIBIT "B" STATEMENT OF WORK I. Name of party: 2. Name of trial attorney: 3. Detailed description of work performed (including work performed or services provided under verbal or written contracts, change orders, and/or extras as appropriate): 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 you purchased the materials: 10. Did you subcontract any of the work that was to be performed by you to another person or entity? a) If you did subcontract any of your work to another, identify the person or entity to whom you subcontracted: i) Name: ii) Address: iii) ~~ Telephone number: 11. If you did subcontract any of your work to another, was that subcontract in writing? 12. Ifyou did subcontract any of your work to another, identify the nature of work and/or services. 13. Name, last known work address, and work telephone number of person(s) most knowledgeable regarding the contracts entered into for the supply of labor and/or materials by 11437523 19 CASE MANAGEMENT ORDER 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP you regarding the subject project. If more than one person, identify each and his/her particular area of knowledge. 14. Name, last known work address, and work telephone number of person(s) most knowledgeable regarding the field conditions and/or work performed by you at the subject project. If more than one person, identify each and his/her particular area of knowledge. 15. Name, last known work address, and work telephone number of all foremen and/or superintendents at the subject project. If more than one person, identify each and his/her particular area of knowledge. 16. If you manufactured a product used in the construction of the project, please identify each product, including its name, model, series, date of design, and type. 17. If you manufactured a product used in the construction of the project, please identify the individual(s) who designed each product by stating his/her name, title, dates of employment, present work address, and work telephone number. 18. If you manufactured a product used in the construction of the project, please identify the plant manager(s) who supervised the manufacturing of each product by stating his/her name, title, dates of employment, present work address, and work telephone number. 19. If you manufactured a product used in the construction of the project, please identify the individual(s) at your entity who sold or negotiated the terms of sale of each product by stating their name, title, dates of employment, present work address, and work telephone number. 20. Within the past five years, has any public entitle registered or licensed your business or the principle of your business? a) If so: i) Identify the license or registration: if) State the name of the public entity: iif) State the dates of issuance and expiration: iv) State the inclusive dates within which your license was suspended or revoked for any reason: 1143752.3 20 CASE MANAGEMENT ORDER No Oo 00 N N o N Un t p W 10 11 12 13 14 15 16 17 18 19 20 21 ps) 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP 11437523 NOTE: A VERIFICATION SIGNED BY THE PARTY UNDER PENALTY OF PERJURY MUST ACCOMPANY THE RESPONSES TO THE STATEMENT OF WORK. 21 CASE MANAGEMENT ORDER Sn ~~ O v W n 10 11 12 13 14 15 16 17 18 19 20 21 72 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP EXHIBIT "C" DESTRUCTIVE TESTING REQUEST FORM Name of Party: Name of Trial Attorney: Date Submitted: Areas of the subject property where your client performed work or provided product(s): Location of the subject property to be destructively tested: Type of destructive testing to be conducted: Is special equipment necessary to conduct testing? If so, list the type of equipment necessary: Are you willing the share the costs associated with the destructive testing? Date: By: 11437523 22 CASE MANAGEMENT ORDER cw N N W y BA W N 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP EXHIBIT "D" CALENDAR OF EVENTS 1. Response to Insurance Questionnaire, Exhibit "A": Within thirty (30) days of notice of this Order or initial appearance, whichever is later, Defendants and Cross-Defendants shall serve verified responses to the Insurance Questionnaire contained in Exhibit "A." 2, Response to Statement of Work, Exhibit "B": Within thirty (30) days of notice of this Order or initial appearance, whichever is later, Defendants and Cross-Defendants shall serve verified responses to the Statement of Work contained in Exhibit "B." 3, Document production, pursuant to section 3.2 of this Order: Within forty five (45) days of notice of this Order or initial appearance, whichever is later. 4, Documents relied upon by expert(s) to be served no later than seven (7) days prior to deposition. 5. Within thirty (30) days of notice of this Order, Plaintiff shall serve to all parties of record a Preliminary Statement of Claims pursuant to section 6 of this Order. 6. Scope of Work/Insurance Meeting: Within forty five (45) days of notice of this Order. 7. Nondestructive, Visual Site Inspection shall take place on April 11,2019. 8. First Joint Expert Meeting shall take place on May 2, 2019. Communications at Joint Expert Meetings are inadmissible and deemed confidential pursuant to Evidence Code sections 1152 and 1115, ef seq. in accordance with section 4 of this Order. 9. Plaintiff serves Preliminary Cost of Repair: Within thirty (30) days of the First Joint Expert Meeting. 10. Defendant serves Responsive Report to Plaintiff's Preliminary Statement of Claims and Cost of Repair: Within thirty (30) days of service of Plaintiff's Preliminary Statement of Claims and Cost of Repair. 11. Last day for Defense to submit Destructive Testing Request Form: June 28, 2019. 12. Meet and Confer re: Destructive Testing Schedule: Within thirty (30) days of service of Destructive Testing Request Form. 11437523 23 CASE MANAGEMENT ORDER OO O w J Y n t A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP 13. Plaintiff publishes Destructive Testing Schedule: Within seven (7) days of completion of meet and confer re: destructive testing schedule. 14. Destructive Testing: per Destructive Testing Schedule, to be published. 15. First Mediation: August 22, 2019. 16. Meet and Confer re: Percipient Witness Deposition Schedule: Within thirty (30) days of First Mediation. 17. Percipient Witness Depositions shall take place between September 16, 2019 and September 27, 2019. 18. Second Joint Expert Meeting shall take place the week of October 1, 2019. Communications at Joint Expert Meetings are inadmissible and deemed confidential pursuant to Evidence Code sections 1152 and 1115, ef seq. in accordance with section 4 of this Order. 19. Plaintiff serves revised Preliminary Statement of Claims and Cost of Repair: Within ten (10) days of the Second Joint Expert Meeting. 20. Defendant serves Responsive Report to Plaintiff's revised Preliminary Statement of Claims and Cost of Repair: Within ten (10) days of service of Plaintiff's revised Pre liminary Statement of Claims and Cost of Repair. 21. Second Mediation: October 28, 2019. 22. First Expert Designation: November 4, 2019. 23. Second Expert Designation: November 25, 2019. 24. Plaintiff serves Final Statement of Claims: December 16, 2019. 25. Plaintiff serves Final Cost of Repair: December 16, 2019. 26. Defendants serve responsive report to Plaintiff's Final Statement of Claims and Cost of Repair: January 6, 2019. 27. Meet and Confer re: Expert Deposition Schedule shall take place the week of December 2, 2019. 28. Expert Depositions: January 20, 2020 through February 28, 2020. 29. Cut-off for completion of non-expert discovery: April 6, 2020. 30. Cut-off for completion of expert discovery: April 20, 2020. 11437523 24 CASE MANAGEMENT ORDER ~~ O N w a BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP 11437523 31. 32. Trial Readiness Conference: April 21, 2020 at 9:00 a.m. in Department "26." Trial Call: May 4, 2020 at 9:30 a.m. in Department "26." 25 CASE MANAGEMENT ORDER Ov x 3 Oy 10 11 12 13 14 15 16 14 18 19 20 21 22 23 24 25 26 24 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On April 15 , 2019, I served true copies of the following document(s) described as STIPULATION AND REQUEST FOR ENTRY OF CASE MANAGEMENT ORDER on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Musick, Peeler & Garrett LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Iam a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Costa Mesa, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April |S , 2019, at Costa Mesa, California. NAS Bripnna BA {\ 1129081.1 wv A L N Ov oe 3 A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 29 26 27 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Edward D. Totino, Esq. Hector E. Corea, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email: edward.totino@dlapiper.com hector.corea(@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email: mconstantino@clappmoroney.com lloeck(@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email: morrison@morrisonlawgroup.com schwartz@morrisonlawgroup.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. and Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. On May "| , 2019, I served true copies of the following document(s) described as NOTICE OF ENTRY OF CASE MANAGEMENT ORDER on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Musick, Peeler & Garrett LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Iam a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Costa Mesa, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May | , 2019, at Costa Mesa, California. UN ~~ Briknna K. Alvare \J 1129081.1 > NO 3 O Y Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 77 28 MUSICK, PEELER & GARRETT LLP SERVICE LIST Nature's Produce v. Dedeaux Properties, LLC, et al. Los Angeles Superior Court, Case No. BC711351 Edward D. Totino, Esq. Hector E. Corea, Esq. DLA PIPER LLP (US) 2000 Avenue of the Stars, Suite 400, North Twr Los Angeles, CA 90067 Matthew S. Constantino, Esq. Laura J. Loeck, Esq. CLAPP MORONEY | VUCINICH | BEEMAN SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 Edward F. Morrison, Jr., Esq. Larry A. Schwartz, Esq. THE MORRISON LAW GROUP 77530 Enfield Lane, Suite H-1 Palm Desert, CA 92211 Donna E. Moore, Esq. DIEDERICH & ASSOCIATES P.O. Box 64093 St. Paul, MN 55164-0093 Physical Address: 9325 Sky Park Court, Suite 230 San Diego, CA 92123 1129081.1 Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (310) 595-3000 Fax: (310) 595-3300 Email: edward.totino@dlapiper.com hector.corea@dlapiper.com Counsel for Defendant and Cross-Complainant FULLMER CONSTRUCTION and Co-Counsel for Defendant DEDEAUX PROPERTIES, LLC Tel: (925) 734-0990 Fax: (925) 734-0888 Email: mconstantino@clappmoroney.com lloeck@clappmoroney.com Counsel for Defendant and Cross-Defendant R-COLD, INC. Tel: (760) 978-6200 Fax: (760) 904-0987 Email: morrison@morrisonlawgroup.com schwartz(@morrisonlawgroup.com Counsel for Defendant/Cross- Complainant/Cross-Defendant VAL ELECTRIC, INC. and Cross-Defendant ONYX PAVING COMPANY, INC. Tel: (858) 616-6163 Fax: (855) 260-0260 Email: dmoorel@travelers.com