1 1 1 1 1 1 1 0 1 THE LAW OFFICE OF ALAN A. TOKI Alan A. Toki, Esq. (SBN ) Silver Spur Road, Suite Palos Verdes Peninsula, California 0 () -; Fax: () - Attorneys for Defendant and Cross-Complainant SILVERLINE CONSTRUCTION, INC., a California corporation WRIGHT, FINLAY & ZAK, LLP Jonathan M. Zak, Esq., SBN Richard D. Simpson, Jr., Esq., SBN MacArthur Court, Suite 0 Newport Beach, CA 0 () -00; Fax: () -00 Associated Attorneys for Defendant and Cross-Complainant SILVERLINE CONSTRUCTION, INC., a California corporation SILVERLINE CONSTRUCTION, INC., a California corporation; VS. SUPERIOR COURT OF THE STATE OF CALIFORNIA Plaintiff, COYLE/RENO, a California General Partnership; COYLE/RENO, a JOINT VENTURE, form of entity unknown, PATRICK COYLE, an individual and partner; WALT FEGLEY, an individual and partner; RENO CONTRACTING, INC., a corporation; COYLE RESIDENTIAL, INC., a corporation RIVERVIEW CAPITAL INVESTMENT, LLC a Delaware Limited Liability Company; WTI, Inc. a corporation; RIVERVIEW PROPERTY HOLDING, LLC, a Limited Liability Company; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, A Connecticut corporation; KTGY GROUP, form of entity unknown and DOES 1 through 0, inclusive, Defendants. AND RELATED ACTIONS AND CROSS- ACTIONS FOR THE COUNTY OF SANTA CLARA CASE NO. 1-1-CV- [The Honorable Santa Clara Superior Court Judge Peter Kirwan, Presiding, Department 1] Consolidated with Case Nos. 1-1-CV- filed 1/1/1 1-1-CV- filed //1 1-1-CV- filed /1/1 1-1-CV-00 filed //1 1-1-CV- filed //1 STIPULATION AND [PROPOSED] ORDER TO RETAIN RETIRED JUDGE MICHAEL C. SOLNER AS THE DISCOVERY Hearing Date: June, 01 Time: 1:0 p.m. Dept.: 1 Complaint Filed: November 1, 01 Trial Date: None 1
1 1 1 1 1 1 1 0 1 IT IS HEREBY STIPULATED, by and among the parties hereto through their respective counsel as follows: Whereas, the Plaintiff, Defendant and Cross-Complainant SILVERLINE CONSTRUCTION, INC., a California corporation; Defendants RIVERVIEW CAPITAL INVESTMENT LLC, WTI, INC., and RIVERVIEW PROPERTY HOLDINGS, LLC; Plaintiff GREY MOUNTAIN CONCRETE, INC.; Plaintiff MMV STEEL CONSTRUCTION, INC.; Cross-Defendants KTGY GROUP; Plaintiff, Defendant, and Cross-Defendants COYLE/RENO JOINT VENTURE, COYLE/RENO GENERAL PARTNERSHIP, PATRICK COYLE, WALT FEGLEY, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (hereinafter jointly referred to as "the Parties") have met and conferred and agreed to retain retired Superior Court Judge Michael C. Solner as the Discovery Referee; Whereas, the Parties memorialized such agreement at the Case Management Conference which took place on March 1, 01 in Department 1 of the Santa Clara Superior Court, before the Honorable Judge Peter Kirwan, presiding. Whereas, all parties involved in a discovery dispute shall bear an equal cost in payment for Judge Solner's time as the Discovery Referee, subject to Judge Solner's discretion to allocate payment of his fees; Judge Solner bills at $0.00 per hour and there is a one-time discovery fee of $0.00 per party and a one-time conflict fee of $0.00 split among all parties. Whereas, Judge Kirwan ordered a Stipulation and Order to reflect said agreement between the Parties. THEREFORE, IT IS HEREBY STIPULATED AND AGREED that: 1. Retired Superior Court Judge Michael C. Solner shall be the Discovery Referee in this consolidated action, subject to a further order of the Court or upon stipulation by the parties. SO STIPULATED: Dated: June 01 By: ALAN1CKI, sq. Attorneÿs1or Plaintiff, Defendant and Cross- Complainant SILVERLINE CONSTRUCTION, INC., a California corporation 1
1 1 1 1 1 1 1 0 1 n Dated: June t- VI 01 By: Dated: June 01 By: Dated: June, 01 By; Dated: June, 01 By: Dated: June,01 By: WRIGHT, FINLAY & ZAK, LLP Richar s n, Esq. Attor s for Cross-Complainant SILVERLINE CONSTRUCTION, INC., a California corporation COX, CASTLE & NICHOLSON, LLP Robert G. Campbell, Esq. Karen I. Gold, Esq. Attorneys for Defendants RIVERVIEW CAPITAL INVESTMENT LLC, WTI, INC., AND RIVERVIEW PROPERTY HOLDINGS, LLC LAUGHL L, LEVY & StanleyR.yacrilante, Esq. Attoineys for Plaintiff GREY MOUNTAIN CONCRETE, INC. OMNI LAW GROUP, LLP Trevor J. Zink, Esq. Ray D. Hacke, Esq. Attorneys for Plaintiff MMV STEEL CONSTRUCTION, INC. KTGY GROUP Theodore D. Levin, Esq. Christopher J. Menjou, Esq. Attorneys for Cross-Defendants KTGY GROUP
1 1 1 1 1 1 1 0 1 Dated: June 01 By: Dated: June, 01 By: Dated: June,01 By: Dated: June,01 By: Dated: June, 01 By: WRIGHT, FINLAY & ZAK, LLP Richard D. Simpson, Esq. Attorneys for Cross-Complainant SILVERLINE CONSTRUCTION, INC., a California corporation COX, CASTL,E & NICHOLSON, LLP Robert G. Campbell, Esq. Karen I. Gold, Esq. Attorneys for Defendants RIVERVIEW CAPITAL INVESTMENT LLC, WTI, INC., AND RIVERVIEW PROPERTY HOLDINGS, LLC LAUGHLIN, FALBO, LEVY & MORESI, LLP Stanley R. Escalante, Esq. Attorneys for Plaintiff GREY MOUNTAIN CONCRETE, INC. OMN LAW GROUP, LLP Trey. Zink, Esq. Ray. Hacke, Esq. Attorneys for Plaintiff MMV STEEL CONSTRUCTION, INC. KTGY GROUP Theodore D. Levin, Esq. Christopher J. Menjou, Esq. Attorneys for Cross-Defendants KTGY GROUP
1 1 1 1 1 1 1 0 1 Dated: June 01 By: Dated: June /_, 01 By: Dated: June, 01 By: Dated: June, 01 By: Dated: June, 01 By: WRIGHT, FINLAY & ZAK, LLP Richard D. Simpson, Esq. Attorneys for Cross-Complainant SILVERLINE CONSTRUCTION, INC., a California corporation COX, CASTLE & NICHOLSON, LLP Robert G. Campbell, Esq. Karen I. Gold, Esq. Attorneys for Defendants RIVERVIEW CAPITAL INVESTMENT LLC, WTI, INC., AND RIVERVTF,W PROPERTY HOLDINGS, LLC LAUGHLIN, FALBO, LEVY & MORESI, LLP Stanley R. Escalante, Esq. Attorneys for Plaintiff GREY MOUNTAIN CONCRETE, INC. OMNI LAW GROUP, LLP Trevor J. Zink, Esq. Ray D. Hacke, Esq. Attorneys for Plaintiff MMV STEEL CONSTRUCTION, INC. KTGY GROUP Theodore D. Levin, Esq. Christopher J. Menjou, Esq. Attorneys for Cross-Defendants KTGY GROUP
1 1 1 1 1 1 1 0 1 Dated: June, 01 By: Dated: June,01 By: Dated: June, 01 By: Dated: June,01 By: WRIGHT, FINLAY & ZAK, LLP Richard D. Simpson, Esq. Attorneys for Cross-Complainant SILVERLINE CONSTRUCTION, INC., a California corporation COX, CASTLE & NICHOLSON, LLP Robert G. Campbell, Esq. Karen I. Gold, Esq. Attorneys for Defendants RIVERVIEW CAPITAL INVESTMENT LLC, WTI, INC., AND RIVERVIEW PROPERTY HOLDINGS, LLC LAUGHLIN, FALBO, LEVY & MORESI, LLP Stanley R. Escalante, Esq. Attorneys for Plaintiff GREY MOUNTAIN CONCRETE, INC. OMNI LAW GROUP, LLP Trevor J. Zink, Esq. Ray D. Hacke, Esq. Attorneys for Plaintiff MMV STEEL CONSTRUCTION, INC. KTGY GROUP Dated: June r, 01 By: Theodore D. Levin, Esq. Christopher J. Menjou, Esq. Attorneys for Cross-Defendants KTGY GROUP
RENO CONTRACTING, INC. 1 1 1 1 1 1 1 0 1 / Dated: June. 01 By: Dated: June, 01 By: Dated: June, 01 By: Dated: June, 01 By: Andrew J. Kessler, Esq. Attorneys for Plaintiff, Defendant, and Cross- Defendants COYLE/RENO JOINT VENTURE, COYLE/RENO GENERAL PARTNERSHIP, PATRICK COYLE, WALT FEGLEY, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PROCOPIO, CORY, HARGREAVES AND SAVITCH, LLP Timothy E. Salter, Esq. Michael Nolan, Esq. Attorneys for COYLE/RENO JOINT VENTURE, COYLE/RENO GENERAL PARTNERSHIP, PATRICK COYLE, WALT FEGLEY, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA MURPHY, LOGAN & HARD WELL J. Michael Murphy, Esq. Daniel D. Hardy, Esq. Tracy F. Skelton, Esq. Attorneys for Plaintiff GHILOTTI CONSTRUCTION COMPANY, INC. THE LAW OFFICE OF THOMAS CAUDILL Thomas Caudill, Esq. Attorneys for Plaintiff, D. H. SMITH COMPANY, INC.
RENO CONTRACTING, INC. 1 1 1 1 1 1 1 0 1 Dated: June, 01 By: Dated: June, 01 By: Dated: June, 01 By: Dated: June, 01 By: Andrew J. Kessler, Esq. Attorneys for Plaintiff, Defendant, and Cross- Defendants COYLE/RENO JOINT VENTURE, COYLE/RENO GENERAL PARTNERSHIP, PATRICK COYLE, WALT FEGLEY, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PROCOPIO, CORY, HARGREAVES AND SAVITCH, LLP Timothy E. Salter, Esq. Michael Nolan, Esq. Attorneys for COYLE/RENO JOINT VENTURE, COYLE/RENO GENERAL PARTNERSHIP, PATRICK COYLE, WALT FEGLEY, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA MURPHY, LOGAN & HARD WELL J. Michael MurpifYfsqvii Daniel D. Hardy, Esq. Tracy F. Skelton, Esq. Attorneys for Plaintiff GHILOTTI CONSTRUCTION COMPANY, INC. THE LAW OFFICE OF TI-I0MAS CAUDILL Thomas Caudill, Esq, Attorneys for Plaintiff, D. H. SMITH COMPANY, INC.
RENO CONTRACTING, INC. Dated: June /-, 01 By: Andrew J. Kessler, Esq. Attorneys for Plaintiff, Defendant, and Cross Defendants COYLE/RENO JOINT VENTURE, COYLE/RENO GENERAL PARTNERSHIP, PATRICK COYLE, WALT FEGLEY, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PROCOPIO, CORY, HARGREAVES AND SAVITCH, LLP 1 1 1 1 1 Dated: June /cc 01 By: Timothy E. Salter, Esq. Michael Nolan, Esq. Attorneys for COYLE/RENO JOINT VENTURE, COYLE/RENO GENERAL PARTNERSHIP, PATRICK COYLE, WALT FEGLEY, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 1 MURPHY, LOGAN & HARD WELL 1 0 1 Dated: June, 01 By: Dated: June,01 J. Michael Murphy, Esq. Daniel D. Hardy, Esq. Tracy F. Skelton, Esq. Attorneys for Plaintiff GHILOTTI CONSTRUCTION COMPANY, INC. THE LAW OFFICE OF THOMAS CAUDILL Thomas Caudill, Esq. Attorneys for Plaintiff, D. H. SMITH COMPANY, INC.
PLUMTREE & ASSOCIATES Dated: June,01 Maria P1 ee, Esq. Margaret Eum, Esq. Attorneys for L.A.R.K. INDUSTRIES, INC. DBA RESIDENTIAL DESIGN SERVICES ORDER Based on the Stipulation of the Parties, and good cause appearing therefore, IT IS HEREBY ORDERED that Retired Superior Court Judge Michael C. Solner shall be the Discovery Referee 1 in this consolidated action, subject to a further order of the Court or upon stipulation by the 1 parties. 1 All parties involved in a discovery dispute shall bear an equal cost in payment for Judge 1 Sohier's time as the Discovery Referee, subject to Judge Solner's discretion to allocate payment 1 of his fees. All parties are directed to pay Judge Solner the one-time discovery fee of $0.00 1 per party and a pro-rata share of the one-time conflict fee of $0.00. 1 Dated: June,01 0 Honorable Peter H. Kirwan, Superior Court Judge 1 for the County of Santa Clara
1 1 1 1 1 1 1 0 1 PROOF OF SERVICE I, Nancy C. Wheeler, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen () and not a party to the within action. My business address is MacArthur Court, Suite 0, Newport Beach, California 0. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. On June 0, 01,1 served the within STIPULATION AND [PROPOSED] ORDER TO RETAIN RETIRED JUDGE MICHAEL C. SOLNER AS THE DISCOVERY, on all interested parties in this action as follows: [ X] by placing true copies thereof enclosed in sealed envelopes addressed as follows: SEE SERVICE LIST (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices via U.S. Mail. (BY ELECTRONIC SERVICE VIA SCEFILING) - I caused the above-entitled document to be served through SCEFiling addressed to all parties appearing on the SCEFiling electronic service list for the above-entitled case. (BY PERSONAL SERVICE) I have caused our Service of Process, Nationwide Legal to serve all interested parties in this action. (BY OVERNITE DELIVERY) I placed true and correct copies of thereof enclosed in a package designated by Norco Delivery with the delivery fees provided for. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 0, 01, at Newport Beach, California. Nancy C. Wheeler 1 PROOF OF SERVICE
1 1 1 1 1 1 1 0 1 SERVICE LIST Silverline Construction Inc. v. Coyle/Reno Joint Venture, et al. Santa Clara County Superior Court, Case No. CV (Lead Case); CV; CV; CV; CV00; CV Andrew J. Kessler, General Counsel Reno Contracting, Inc. Frazee Road, Suite 0 San Diego, CA (1) 0-0 /-Fax: (1) 0-0 E-mail: Akessler@Renocon.com Timothy E. Salter, Esq. Procopio, Cory, Hargreav,es and Savitch, LLP 1 High Bluff Drive, Suite 00 San Diego, CA () 0-00 / Fax: (1) -0 E-mail: tim.salter@procopio.com Attorneys for Plaintiff and Cross-Defendants Coyle/Reno Joint Venture and Cross- Defendants Coyle/Reno, a California General Partnership, Patrick Coyle, Walt Fegley, Travelers Casualty and Surety Company of America Rob Campbell, Esq. / Jose Padilla, Esq. Cox Castle & Nicholson, LLP 0 Century Park East, Suite th Floor Los Angeles, California 00 () -00 /Direct: () - /Fax: () -0 Email: jpadilla@coxcastle.com Attorneys for Riverview Capital Investment, LLC, a Delaware Limited Liability Company, Riverview Property Holdings, LLC, WTI, Inc. Theodore Levin, Esq. / Christopher Mejou, Esq. Morris Polich & Purdy LLP W th Street, th Floor Los Angeles, CA 001- (1) 1-0 E-mails: tlevin@mpplaw.com; cmenjou@mpplaw.com Attorneys for KTGY Group, Inc. /// /// /// PROOF OF SERVICE
1 1 1 1 1 1 1 0 1 Trevor J. Zink, Esq. / Peter Kerle, Esq. Omni Law Group, LLP Hamilton Avenue San Jose, CA 1 0--00; Fax: 0.-01 Email: tzink@omnillp.com; pkerle@omnillp.com Attorneys for MMV Steel Construction, Inc. Stanley R. Escalante, Esq. Laughlin, Falbo, Levy & Moresi LLP 01- th Street, Suite 00 Post Office Box 01 Santa Monica, CA 0-01 Tel: --1 Attorneys for Grey Mountain Concrete, Inc. Email: rwalker@scscourt.org Rowena Walker, Superior Court of California J. Michael Murphy, Esq. Daniel D. Hardy, Esq. Tracy F. Skelton, Esq. Murphy, Logan & Hardwell 0 First Street Napa, California - Tel: 0--0 Fax: 0-- Email: Murphy@mlbnapalaw.com Hardy@mlbnapalaw.com Skelton@mlbnapalaw.com Attorneys for Plaintiff Ghilotti Construction Company, Inc. Thomas Caudill, Esq. The Law Office of Thomas Caudill N. Fourth Street San Jose, CA -0 Telephone: 0-- Facsimile: 0-- Attorneys for Plaintiff, D. H. Smith Company, Inc. PROOF OF SERVICE
Maria Plumtree, Esq. Plumtree & Associates 01 Katella Suite Los Alamitos, CA 00 Telephone: ()- Facsimile: ()-0 Attorneys for L.A.R.K. Industries, Inc. DBA Residential Design Services 1 1 1 1 1 1 1 0 1 PROOF OF SERVICE