requests for admission1. each of the following facts is true (if more than one, number each fact...

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

SHORT TITLE:

CASE NUMBER:REQUESTS FOR ADMISSIONTruth of Facts Genuineness of Documents

Requesting Party:

Answering Party:

Set No.:

You are requested to admit within 30 days after service, or within 5 days after service in an unlawful detainer action, of this Requests

1. Each of the following facts is true (if more than one, number each fact consecutively):

Continued on Attachment 12. The original of each of the following documents, copies of which are attached, is genuine (if more than one, number each

document consecutively):

Continued on Attachment 2

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

Form Approved for Optional UseJudicial Council of CaliforniaDISC-020 [Rev. January 1, 2008]

REQUESTS FOR ADMISSION Code Civil Procedure,

E-MAIL ADDRESS (Optional):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

DISC-020

§§ 94–95, 2033.010–2033.420, 2033.710

of 1

Requests for admission are written requests by a party to an action requiring that any other party to the action either admit or deny,under oath, the truth of certain facts or the genuineness of certain documents. For information on timing, the number of admissions aparty may request from any other party, service of requests and responses, restrictions on the style, format, and scope of requests foradmission and responses to requests, and other details, see Code of Civil Procedure sections 94–95, 1013, and 2033.010–2033.420and the case law relating to those sections.

party later proves that the fact is true or that the document is genuine. These penalties may include, among other things, payment of

of the case.

INSTRUCTIONS

Unless there is an agreement or a court order providing otherwise, the answering party must respond in writing to requests foradmission within 30 days after they are served, or within 5 days after service in an unlawful detainer action. There may be significantpenalties if an answering party fails to provide a timely written response to each request for admission. These penalties may include,among other things, an order that the facts in issue are deemed true or that the documents in issue are deemed genuine for purposes

the requesting party's attorney's fees incurred in making that proof.

Answers to Requests for Admission must be given under oath. The answering party should use the following language at the end ofthe responses:

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

(DATE) (SIGNATURE)

These instructions are only a summary and are not intended to provide complete information about requests for admission. ThisRequests for Admission form does not change existing law relating to requests for admissions, nor does it affect an answering party ’sright to assert any privilege or to make any objection.

REQUESTS FOR ADMISSION

GREEN & HALL, APCSamuel M. Danskin (SBN 136044)Michael A. Erlinger (SBN 216877)1851 E. First Street, 10th FloorSanta Ana, CA 92705

(714)918-7000 (714)[email protected]; [email protected] NATIONAL CONSTRUCTION

SANTA CLARA191 N 1st St.(same)San Jose, California 95113SANTA CLARA DOWNTOWN SUPERIOR COURTCilker v. Western National

x xWestern National ConstructionCilker Apartments, LLCTwo

113CV258281

xSee Attachment 1

xx

See Attachment 2

xMichael A. Erlinger

An answering party should consider carefully whether to admit or deny the truth of facts or the genuineness of documents. With limitedexceptions, an answering party will not be allowed to change an answer to a request for admission. There may be penalties if ananswering party fails to admit the truth of any fact or the genuineness of any document when requested to do so and the requesting

for Admission that:

P:\DOCS\Western Nat.Cilker\Discovery\Written Discovery to Cilker\RFA#1 Attachment Number One.docx 1

ATTACHMENT 1

WESTERN NATIONAL CONSTRUCTION'S REQUESTS FOR ADMISSION -

1. Admit that CILKER cannot enforce a judgment arising out of the ACTION against

WESTERN.

For purposes of these Requests, "ACTION" means the instant litigation initiated by Cilker Apartments LLC by the filing of its December 13, 2016 COMPLAINT.

For purposes of these Requests, "CILKER" individually and collectively refers to Cilker Apartments LLC, William H. Cilker, Carl Cilker, and Elizabeth Cilker Smith.

For purposes of these Requests, "COMPLAINT" means the December 26, 2013 complaint Cilker Apartments LLC filed to initiate the ACTION; the term "COMPLAINT" also includes any amended complaint, all amendments to the complaint, filed by Cilker Apartments LLC.

For purposes of these Requests, "WESTERN" individually and collectively refers to Western National Construction, Michael K. Hayde, the Non-Exempt QTIP Marital Trust of the Glass Family Trust Dated February 18, 1982, and their respective heirs, executors, administrators, successors, successors-in-interest, affiliates, assignees, assignors, related companies, vendees, lesees, subsidiaries, agents, employees, former employees, officers, former officers, directors, members, shareholders, trustees, beneficiaries, owners or alter egos, and all of those entities which comprise Western National Group and are in any way related to Western National Properties.

2. Admit that CILKER cannot enforce a judgment arising out of the COMPLAINT against WESTERN.

3. Admit that the Settlement Agreement and Release, attached hereto as Item 672, strictly limits CILKER's recovery against WESTERN for the claims asserted by CILKER against WESTERN in the COMPLAINT, to the insurance procceds paid under any insurance policies issued to WESTERN and/or WESTERN's subcontractors.

4. Admit that CILKER may not levy WESTERN's assets to satisfy any judgment arising from or related to the ACTION.

5. Admit that the Settlement Agreement and Release, attached hereto as Item 672, contains CILKER's express warranty that CILKER will not levy WESTERN's assets to satisfy any judgment arising from or related to the ACTION.

P:\DOCS\Western Nat.Cilker\Discovery\Written Discovery to Cilker\RFA#1 Attachment.v2.docx 1

ATTACHMENT 2

REQUESTS FOR ADMISSION - GENUINENESS OF DOCUMENTS

1. Exhibit 549: Management Meeting Minutes, April 19, 2007 (PLT034657-PLT 034659).

2. Exhibit 550: Management Meeting Minutes, November 23, 2009 (PLT03685-PLT034687).

3. Exhibit 551: Management Meeting Minutes, January 29, 2010 (PLT034691-PLT034692).

4. Exhibit 552: Management Meeting Agenda, January 29, 2010 (PLT034921-PLT034923).

5. Exhibit 553: Management Meeting Agenda, November 23, 2009 (PLT034910-PLT034912).

6. Management Meeting Agenda, June 15, 2005 (PLT034826).

7. Management Meeting Agenda, July 7, 2005 (PLT034827).

8. Management Meeting Agenda, September 15, 2005 (PLT034831).

9. Management Meeting Agenda, August 10, 2006 (PLT034840).

10. Management Meeting Agenda, January 15, 2007 (PLT034847).

11. Management Meeting Agenda, March 8, 2007 (PLT034849).

12. Management Meeting Agenda, March 6, 2009 (PLT034887-PLT034888).

13. Management Meeting Minutes, September 25, 2009 (PLT034683-PLT034684).

14. Management Meeting Agenda, October 23, 2009 (PLT034907-PLT034909).

15. Management Meeting Minutes, November 23, 2009 (PLT034685-PLT034687).

16. Management Meeting Agenda, December 18, 2009 (PLT034913-PLT034915).

17. Management Meeting Minutes, December 17, 2009 (PLT034688-PLT034690).

18. Management Meeting Agenda, January 29, 2010 (PLT034916-PLT034917).

19. Management Meeting Minutes, January 29, 2010 (PLT034691-PLT034692).


20. Management Meeting Agenda, March 26, 2010 (PLT034921-PLT034923).

21. Management Meeting Agenda, April 22, 2010 (PLT034924-PLT034925).

22. Management Meeting Minutes, April 22, 2010 (PLT034695-PLT034696).

23. Management Meeting Minutes, July 1, 2010 (PLT034699-PLT034700).

24. Management Meeting Minutes July 23, 2010 (PLT034701-PLT034702).

25. Management Meeting Minutes September 24, 2010 (PLT034705-PLT034706).

26. One Pearl Place Work Order Status Report (PLT013430-PLT013434).

27. Resident's Service Request (PLT009719).







34. Service Order (PLT003405).


36. Meeting Notes, February 4, 2004 (WNC 029299-WNC 029309).

37. Field Observation Notes No. 2, dated March 11, 2004 (Exhibit 753, PLT019260-PLT019261).

38. Notes dated April 21, 2004, C. Cilker Building B walk-through 4/20/04 (PLT019267-PLT019271).

39. Exhibit 1: July 1, 2000 Construction Contract between Cilker Apartments LLC and Western National Construction

40. Exhibit 4: August 2, 2002 Writing from William H. Cilker to Gary Penman

41. Exhibit 5: September 1, 2002 Memorandum from William H. Cilker

42. Exhibit 6: October 17, 2002 Correspondence from William H. Cilker to Scott Buerger


43. Exhibit 11: May 5, 2004 Writing Re: Second Walkthrough

44. Exhibit 12: May 13, 2003 Residential Property Management Agreement between Cilker Apartments LLC and Woodmont Real Estates Services LP

45. Exhibit 23: July 13, 1998 Professional Services Agreement between Cilker Orchards and McLarand Vasquez & Partners Inc.

46. Exhibit 24: Writing from William H. Cilker to Mark Lord

47. Exhibit 25: June 16, 2003 Correspondence from William H. Cilker to John Atherton

48. Exhibit 27: Standard Consulting Agreement between Don L. Beck Associates Inc. and Cilker Properties

49. Exhibit 180: October 8, 2003 writing from William H. Cilker to Gary Love

50. Exhibit 220: July 13, 1998 Professional Services Agreement between Cilker Orchards and McLarand Vasquez & Partners Inc.

51. Exhibit 222: Contract Addendum No. 1 Between McLarland Vasquez Emsiek & Partners Inc. and Cilker Orchards

52. Exhibit 269: Mutual Release and Settlement Agreement between Madera Construction Inc., Madera Framing Inc., Western National Construction, Insurance Company of the West, Western Surety Corporation, and Cilker Apartments LLC.

53. Exhibit 407: January 3, 2002 Memorandum of Understanding Between John Atherton, Scott Buerger and William H. Cilker

54. Exhibit 409: March 15, 2002 Cilker Orchard Memorandum from William H. Cilker

55. Exhibit 413: June 16, 2003 Correspondence from William H. Cilker to John Atherton

56. Exhibit 422: December 19, 2002 Correspondence from William H. Cilker to John Atherton

57. Exhibit 458: March 28, 2001 Memo from William H. Cilker

58. Exhibit 459: April 4, 2001 Memo from William H. Cilker

59. Exhibit 460: January 31, 2002 Correspondence from William H. Cilker to Gary Penman

60. Exhibit 461: June 11, 2002 Writing from William H. Cilker

61. Exhibit 462: June 25, 2002 letter from William H. Cilker to Ernie Vasquez


62. Exhibit 473: Settlement Agreement and Release between Cilker Apartments LLC, William H. Cilker Sr., Carl A. Cilker, Elizabeth Cilker Smith, Michael K. Hayde, the Non-Exempt QTIP Marital Trust of the Glass Family Trust Dated February 18, 1982, and Western National Construction.

63. Exhibit 480: July 31, 2002 Writing from William H. Cilker to Gary Penman

64. Exhibit 481: August 2, 2002 Writing from William H. Cilker to Gary Penman

65. Exhibit 503: Professional Services Consulting Agreement between White Residential Inc. and Cilker Apartments LLC

66. Exhibit 511: March 9, 2004 from William H. Cilker

67. Exhibit 520: June 25, 2002 Correspondence from William H. Cilker to Ernie Vasquez

68. Exhibit 587: March 6, 2007 Writing from William H. Cilker

69. June 10, 2004 OPP Punch List Priority Items (PLT019171)

70. June 2, 2004 Writing from William H. Cilker to Don White (PLT019258)

71. Writing by William H. Cilker Re: March 18, 2004 OPP Meeting (PLT019262-63)

72. October 11, 2000 Additional Agreement Letter from William H. Cilker to John Atherton (WNC88792)

73. Change Order No. 1 to December 4, 2000 Contract (WNC 095387-93)

74. June 18, 2002 Change Order No. 2 to December 4, 2000 Contract (PLT-RAA-10158-60)

75. July 22, 2002 Change Order No. 3 to December 4, 2000 Contract (WNC038251-54)

76. Exhibit 14: June 8, 2004 Correspondence from Don White to William H. Cilker

77. Exhibit 509: Writing from Don White to William H. Cilker

78. Exhibit 510: January 28, 2004 Correspondence from Don White to William H. Cilker