2121658.1

1 Brian H. Gunn (SBN 192594) bhgunn@wolfewyman.com

2 Rebecca J. Collaco (SBN 242772) rjcollaco@wolfewyman.com

3 WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 645

4 Walnut Creek, California 94596-3502 Telephone: (925) 280-0004

5 Facsimile: (925) 280-0005

6 Attorneys for Defendant/Cross-Defendant/Cross-Complainant ALLIANCE BUILDING PRODUCTS, INC.

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

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11 CILKERAPARTMENTS, LLC,

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13 WESTERN NATIONAL CONSTRUCTION, MCLARLAND, VARQUEZ & PARTNERS, INC.,

14 GROUP M. ENGINEERS, GENTRY ASSOCIATES CONSTRUCTION

15 CONSULTANTS, LARCO INDUSTRIES, FITCH PLASTERING, COURTNEY

16 WATERPROOFING, CELL CRETE, LOS NIETOS CONSTRUCTION, MADERA

17 FRAMING, KELLY DOOR, TARA COATINGS, LDI, ADM PAINTING, ALLIANCE BUILDING

18 PRODUCT, JOS J. ALBANESE, ANDERSON TRUSS, CALIFORNIA CLASSIC PAVERS,

19 CASEY-FOGIL CONCRETE CONTRACTORS, CENTRAL COAST STAIRS, COMMERCIAL

20 ROOF MANAGEMENT, DAVEY ROOFING, INC., DEMETRIS PAINTING II, INC.,

21 DOORWAY MFG., LANDSCAPE PROS, MULTI-BUILDING STRUCTURES, PARK

22 WEST, PYRAMID BUILDERS, ROBECKS WELDING & FABRICATION, RYLOCK

23 COMPANY, SUMMIT WINDOW & PATIO DOOR, VAN GUARD and DOES 1-100, inclusive,

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Defendants.

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Case No.: 113CV258281

NOTICE OF DEPOSITION OF LEE FREITAS AND REQUEST FOR PRODUCTION OF DOCUMENTS

Trial Date: February 1, 2016 Action Filed: December 26, 2013

NOTICE OF DEPOSITION OF LEE FREITAS AND REQUEST FOR PRODUCTION OF DOCUMENTS

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1 any form of communication or representation, including letters, words, pictures, sounds or symbols

2 or combinations thereof, and any record thereby created, regardless of the manner in which the

3 record has been stored.

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The term "PROPERTY" shall mean the real property commonly referred to as One Pearl

Place Apartments, located at 5230 Terner Way, San Jose, California.)

2. Any and all DOCUMENTS relating to the design, services, work, labor, repairs,

maintenance, and materials provided by YOU at or for or with respect to the PROPERTY, including

but not limited to your job files , building contracts, agreements, notes, correspondence,

memorandums, e-mails, letters, bids, mechanic liens, photographs, videotapes, diagrams, plans,

specifications, shop drawings, "as-built" plans, calculations, journals, invoices, purchase orders,

change orders, addenda reports, job diaries, receipts, project files , site records, daily job logs, field

orders, superintendent reports, requests for clarification, requests for information, time cards,

governmental inspection punch lists and sign off sheers, and invoices relating to the design, analysis,

construction, repair, or maintenance for the PROPERTY.

(The term "YOU" and "YOUR" shall mean LEE FREITAS, the individual responding to this

Deposition Subpoena, and any of your agents, employees, contractors, officers, shareholders,

directors, owners, attorneys, representatives and all others acting for you and/or on your behalf.)

3. Any and all DOCUMENTS relating to inspection or testing conducted at the

PROPERTY, including reports, data, photographs and notes.

4. Any and all DOCUMENTS received by YOU concerning, referring to or relating to

21 the PROPERTY.

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23 PROPERTY.

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6.

7.

Any and all DOCUMENTS sent by YOU concerning, referring to or relating to the

Your entire file for the PROPERTY.

Any and all DOCUMENTS concerning or referring to design drawings,

26 specifications, details, and plans for the PROPERTY, including, but not limited to the following

27 drawings, details and plan sheets: civil, geotechnical, grading, architectural, structural, electrical,

28 drainage, landscaping, irrigation, utilities, sewer and storm drain.

3 NOTICE OF DEPOSITION OF LEE FREITAS AND REQUEST FOR PRODUCTION OF DOCUMENTS

2121658.1

1 8. Any and all DOCUMENTS exchanged between, submitted by, provided from, or

2 provided to any governmental agency, department or division and any party or person working,

3 controlling, developing, designing, inspecting, maintaining, constructing or repairing any portion of

4 the PROPERTY.

5 9. Any and all DOCUMENTS concerning plan checks at the PROPERTY, including but

6 not limited to standard plan check correction lists, special correction lists, and any correspondence,

7 reports or notes regarding, concerning or relating to any plan checks.

8 10. Any and all DOCUMENTS concerning permits or inspections at the PROPERTY,

9 including by not limited to, permit requests, permit applications, plan check applications and

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approvals, records of fees paid, inspection records or jobsite cards, correction notices, stop work

notices, notes and communications to or from the inspectors or other building officials relating to the

inspections or compliance with any governing authority or regulations.

11. Any and all DOCUMENTS, including but not limited to photographs or video

records that depict, capture, or display any portion of the PROPERTY.

12. Any and all DOCUMENTS relating to any and all complaints, concerns, requests for

service, requests for maintenance, or requests for repairs concerning, arising out of, or relating to the

PROPERTY.

18 DATED: October 16, 2015 WOLFE & WYMAN LLP

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Attorneys for efen Cross-Defendant ALLIANCE BUILDING PRODUCTS, INC.

4 NOTICE OF DEPOSITION OF LEE FREITAS AND REQUEST FOR PRODUCTION OF DOCUMENTS

SUBP 020 -ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

_Rebecca J. Collaco (SBN 242772)

Wolfe & Wyman LLP 2175 N. California Blvd., Suite 645 Walnut Cr eek, CA 9 4596

TELEPHONE NO.: (9 25) 2 8 0 -0004 FAX NO. (Optional) : 9 2 5- 28 0-0 00 5 E-MAIL ADDRESS (Optional) :

ATIORNEY FOR (Name). De f endant / Cross-Def. ALLIANCE BUILDI NG PRODUCTS, I NC.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS:

CITY AND ZIP CODE: San Jose, CA 9 511 3 BRANCH NAME:

PLAINTIFF/PETITIONER:CILKER APARTMENTS, LLC

DEFENDANT/RESPONDENT: WESTERN NATIONAL CONSTRUCTION, et al.

DEPOSITION SUBPOENA CASE NUMBER FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 113CV258281

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): LEE FREITAS 18332 Black Road, Los Gatos, CA 95030 - (408) 3 54-0501

1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:

Date: 11 I 6 I 15 Time: 10 : 0 0 a.m. Address: Aiken & Welch 111 N. Market St . #300, San Jose, CA 95113

a. D As a deponent who is not a natural person , you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.)

b. [][] You are ordered to produce the documents and things described in item 3. c. [][] This deposition will be recorded stenographically D through the instant visual display of testimony

and by D audiotape D videotape. d. D This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).

2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561 , and 1562 will not be deemed sufficient compliance with this subpoena .

3. The documents and things to be produced and any testing or sampling being sought are described as follows : Attachment "3".

W Continued on Attachment 3. 4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described

as follows :

D Continued on Attachment 4. 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER

CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.

6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence fi the deposition will be taken within the county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250.

DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.

Date issued: ~r llo1 ~15 Rebecca J. Collaco ( SBN 24277 2 )

TYPE OR PRINT NAME Proof of service on reverse Form Adopted for Mandatory Use

Judicial Council of California SUBP-020 !Rev. January 1, 2009)

DEPOSITION SUBPOENA FOR PERSONAL APPEA AND PRODUCTION OF DOCUMENTS AND THINGS

Code of Civil Procedure§§ 2020.510, Legal 2025.220, 2025.230. 2025.250, 2025.620;

Soluti'gns- Government Code, § 68097 .1 ~Plus

PLAINTIFF/PETITIONER: CILKER APARTMENTS 1 LLC CASE NUMBER:

DEFENDANT/RESPONDENT: WESTERN NATIONAL CONSTRUCTION 1 et a 113CV258281

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS

SUBP-020

1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a copy to the person served as follows:

a. Person served (name) :

b. Address where served:

c. Date of delivery:

d. Time of delivery:

e. Witness fees and mileage both ways (check one) :

(1) D were paid . Amount: ....... .. ... $ (2) D were not paid. (3) D were tendered to the witness's

public entity employer as required by Government Code section 68097.2. The amount

tendered was (specify): ...... .. $

f. Fee for service: • • • ••••• • ••• 0 •••••• • • .. $

2. I received this subpoena for service on (date) :

3. Person serving : a. D Not a registered California process server b. D California sheriff or marshal c. D Registered California process server d. D Employee or independent contractor of a registered California process server e. D Exempt from registration under Business and Professions Code section 22350(b) f. D Registered professional photocopier g. D Exempt from registration under Business and Professions Code section 22451 h. Name, address, telephone number, and, if applicable, county of registration and number:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

(For California sheriff or marshal use only) I certify that the foregoing is true and correct.

Date:

(SIGNATURE)

SUBP-020 [Rev. January 1, 2009]

Date:

PROOF OF SERVICE DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE

AND PRODUCTION OF DOCUMENTS AND THINGS

(SIGNATURE)

Page 2 of 2

Cilker Apartments, LLC v. Western National Construction Corp.

Attachment 3

DEFINITIONS

"DOCUMENTS" as used herein shall have the same meaning as "writing as defined in California Evidence Code § 250, which means handwriting, typewriting, printing, photocopying, transmitting by electronic mail or facsimile, and other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

The term "YOU" and "YOUR" shall mean LEE FREITAS, the individual responding to this Deposition Subpoena, and any of your agents, employees, contractors, officers, shareholders, directors, owners, attorneys, representatives and all others acting for you and/or on your behalf.

The tern "PROPERTY" shall mean:

• One Pearl Place Apartments

• 5230 Terner Way, San Jose, CA

DOCUMENTS TO BE PRODUCED

1. Any and all DOCUMENTS concerning, referencing or relating to the PROPERTY.

2. Any and all DOCUMENTS relating to the design, services, work, labor, repairs, maintenance, and materials provided by YOU at or for or with respect to the PROPERTY, including but not limited to your job files, building contracts, agreements, notes, correspondence, memorandums, e-mails, letters, bids, mechanic liens, photographs, videotapes, diagrams, plans, specifications, shop drawings, "as-built" plans, calculations, journals, invoices, purchase orders, change orders, addenda reports, job diaries, receipts, project files, site records, daily job logs, field orders, superintendent reports, requests for clarification, requests for information, time cards, governmental inspection punch lists and sign off sheers, and invoices relating to the design, analysis, construction, repair, or maintenance for the PROPERTY.

3. Any and all DOCUMENTS relating to inspection or testing conducted at the PROPERTY, including reports, data, photographs and notes.

4. Any and all DOCUMENTS received by YOU concerning, referring to or relating to the PROPERTY.

5. Any and all DOCUMENTS sent by YOU concerning, referring to or relating to the PROPERTY.

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6. Your entire file for the PROPERTY.

7. Any and all DOCUMENTS concerning or referring to design drawings, specifications, details, and plans for the PROPERTY, including, but not limited to the following drawings, details and plan sheets: civil, geotechnical, grading, architectural, structural, electrical, drainage, landscaping, irrigation, utilities, sewer and storm drain.

8. Any and all DOCUMENTS exchanged between, submitted by, provided from, or provided to any governmental agency, department or division and any party or person working, controlling, developing, designing, inspecting, maintaining, constructing or repairing any portion of the PROPERTY.

9. Any and all DOCUMENTS concerning plan checks at the PROPERTY, including but not limited to standard plan check correction lists, special correction lists, and any correspondence, reports or notes regarding, concerning or relating to any plan checks.

10. Any and all DOCUMENTS concerning permits or inspections at the PROPERTY, including by not limited to, permit requests, permit applications, plan check applications and approvals, records of fees paid, inspection records or jobsite cards, correction notices, stop work notices, notes and communications to or from the inspectors or other building officials relating to the inspections or compliance with any governing authority or regulations.

11. Any and all DOCUMENTS, including but not limited to photographs or video records that depict, capture, or display any portion of the PROPERTY.

12. Any and all DOCUMENTS relating to any and all complaints, concerns, requests for service, requests for maintenance, or requests for repairs concerning, arising out of, or relating to the PROPERTY.

- 2-2122851.1

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1811708.1

SERVICE LIST Santa Clara Superior Court 113CV258281

Cilker Apartments, LLC v. Western National Construction, et al. W&W File No. 1410-734

[Revised: 10.13.15]

Jon B. Zimmerman, Esq. Gregory B. Cohen, Esq. ROBINSON & WOOD, INC. 227 North First Street, Suite 300 San Jose, CA 95113

David M. Levy, Esq. Courtney B. McFate, Esq. VAN DE POEL LEVY & ALLEN LLP 1600 South Main Plaza, Suite 325 Walnut Creek, CA 94596

Eileen T. Booth, Esq. JACOBSEN & McELROY PC 2401 American River Drive, Suite 100 Sacramento, CA 95864

Bruce A. Trevithick, Esq. MELISSA M. BALLARD LAW OFFICES P.O. Box 2282 Brea, CA 92822

Laura K. Buttrell, Esq. LAW OFFICE OF DAVID A. WALLIS 2251 Harvard Street, Suite 100 Sacramento, CA 95815

Todd A. Jones, Esq. Gregory K. Federico, Esq. ARCHER NORRIS 301 University Avenue, Suite 110 Sacramento, CA 95825-5537

Attorneys for Plaintiff CLICKER APARTMENTS, LLC Tel: 408-298-7120 Fax: 408-298-0477 Email : jbz@robinsonwood.com

Attorney for Defendant LDI MECHANICAL, INC. Tel: 925-274-7640 Fax: 925-934-6060 Email : dlevy@vanlevylaw.com

cmcfate@vanlevylaw.com

Attorney for Defendant PACIFIC COAST BUILDING PRODUCTS Tel: 916-971-4100 Fax: 916-971-4150 Email : ebooth@jacobsenmcelroy.com

Attorney for Defendant ROBECKS WELDING & FABRICATION, INC. Tel: 714-371-2725 Fax: 877-369-5799

Attorney for Defendant ROBECKS WELDING & FABRICATION, INC.;EASTERN LANDSCAPE COMPANY Tel: 916-283-2670 Fax: 916-921-9040 buttrl1 @nationwide.com

Attorneys for Defendant ROBECKS WELDING & FABRICATION, INC. Tel: 916-646-2480 Fax: 916-646-5696 Email : tjones@archernorris.com

gfederico@archernorris.com

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2 Richard N. Sieving, Esq. Attorney for Defendant Luke G. Pears-Dickson, Esq. JELD-WEN, INC.

3 THE SIEVING LAW FIRM 1 00 Howe A venue, Suite 220 N Attorney for Cross-Defendant

4 Sacramento, CA 95815 SUMMIT WINDOW & PATIO DOOR Tel: 916-444-3366

5 Fax: 916-444-1223 Email : jsnodgrass@sievinglawfirm.com

6 Michael J. Pepek, Esq. Attorneys for Defendant and Cross-Complainant

7 Samuel Danskin, Esq. WESTERN NATIONAL CONSTRUCTION Michael Erlinger, Esq. Tel: 714-918-7000

8 GREEN &HALL Fax:714-918-6996 1851 East First Street, 1 01h Floor Email : mpepek@greenhall .com

9 Santa Ana, Calfomia 92705 sdanskin@greenhall .com mer! inger@greenhall .com

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G. Geoffrey Wood, Esq. Attorney for Cross-Defendant/Cross-..J ... 11

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1811708.1

Leonard T. Fink, Esq. Benjamin J. Angulo, Esq. SPRINGEL & FINK LLP 575 Market Street, Suite 2200 San Francisco, CA 94105

Samuel J. Muir, Esq. Stephen B. Litchfield, Esq. COLLINS COLLINS MUIR & STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612

Maria R. Rohaidy, Esq. Alison S. Flowers, Esq. TAUBMAN, SIMPSON, YOUNG & SULENTOR APC One World Trade Center, Suite 400 Long Beach. CA 90831-0400

Jill J. Lifter, Esq. Jospeh Ryan, Esq. RYAN & LIFTER APC 2000 Crow Canyon Place, Suite 400 San Ramon, CA 94583-1367

Ayhan M. Menekshe, Esq. Steven W. Feria, Esq. MENEKSHE LAW FIRM 950East Campbell A venue Campbell, CA 95008 Tel: (408) 358-1200 Fax: (408) 358-1205

Thomas B. Wait, Esq. Robert A. Hufnagel Matthew P. Malczynski WAIT & HUGNAGEL 250 West First Street, Suite 222

Daniel Serot, Esq. VAN DE POEL, LEVY, ALLEN & ARNEAL, LLP 1600 South Main Plaza, Suite 325 Walnut Creek, CA 94596

Attorneys for COURTNEY WATERPROOFING Tel: (415) 541-5363 Fax: (415) 541-5364 Email: lfink@springelfink.com

bangulo@springelfink.com

Attorneys for McLARAND, VASQUEZ & PARTNERS, INC. Tel: 510-844-5100 Fax: 510-844-5101 Email: smuir@ccmslaw.com

slitchfield@ccmslaw. com okassoff@ccmslaw.com

Attorneys for AMP AM PARKS MECHANICAL Tel: 562-436-9201 Fax: 562-590-9695 Email: mmr@tsyslaw.com

asf@tsvslaw.com

Attorneys for CELL-CRETE CORPORTATION Tel: 925-884-2080 Fax: 925-884-2090 Email: jlifter@rallaw.com

jryan@rallaw.com

Attorneys for TARA COATINGS Tel: 909-621-5672 Fax: 909-399-0645 Email: tomwait@wait-hugnagel.com

rhufnagel@wait-hufnagel.com mmalczynski@wait-hufnagel.com

Attorneys for ADM CONSTRUCTION Tel: 925-934-6102 Fax: 925-934-6060 Email: deserot@vanlevylaw.com

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1811708.1

William D. Morrow, Esq. MORROW & WHITE 535 Anton Blvd., Suite 1150 Costa Mesa. CA 92626

Robert B. Luceck, Esq. Alexander R. Moore, Esq. BOORNAZIAN, JENSEN & GARTHE 55 5 1 ih Street, Suite 1800 Oakland. CA 94607

Larry D. Letofsky, Esq. Robyn S. McClain, Esq. LETOFSKY I McLAIN 3655 Nobel Drive, Suite 400 San Diego, CA 92122

Joseph A. Long, Esq . Marcia Pollioni, Esq . LONG BLUMBERG, LLP 2950 Buskirk A venue, Suite 315 Walnut Creek. CA 94597

Bruce A. Edwards Two Embarcadero Center Suite 1500 San Francisco. CA 94111

Attorneys for ADM CONSTRUCTION Tel: 714-979-7999 Fax: 714-979-7770

Attorneys for MADERA FRAMING, INC. Email: amoore@big.com

Attorneys for AMP AM PARKS MECHANICAL Tel: 858-642-1372 Fax: 858-642-1379

Attorneys for LOS NIETOS CONSTRUCTION Tel: (925) 941-0090 Fax: (925) 941-0085

SPECIAL MASTER Tel: 415-982-5267 Fax: 415-982-5287 bedwards@iamsadr.com