Professional Documents
Culture Documents
(Assigned To Hon. Peter H. Kirwan Dept. 1) : 19010 - RSPS TO RFA 1 FROM JELD-WEN (03-08-16)
(Assigned To Hon. Peter H. Kirwan Dept. 1) : 19010 - RSPS TO RFA 1 FROM JELD-WEN (03-08-16)
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7 Admission should not be taken as an admission or acceptance of the existence of any fact or facts set
8 forth or assumed by any interrogatory, or that such answer constitutes admissible evidence. This
9 Preliminary Statement is, by this reference, incorporated into each and every one of the following
13 Admit the PLANS do not call for a MILCOR TRIM feature on any windows detailed
14 therein.
16 Objection. Responding Party objects to this Request to the extent it requests information
17 protected by the attorney-client privilege or attorney work product doctrine. Further, this request is
18 unduly burdensome, overbroad, calls for a legal conclusion, and calls for impermissible expert
19 opinion on a matter at issue between the parties. In addition, the phrase MILCOR TRIM, as
defined, is vague and ambiguous and subject to varying interpretations, such that RESPONDING
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PARTY’s definition of MILCOR TRIM may differ from PROPOUNDING PARTY’s definition.
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Without waiving any of the foregoing objections, Responding Party responds as follows:
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RESPONDING PARTY is unable to admit or deny this Request because
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PROPOPOUNDING PARTY’s definition of “PLANS” is not a complete representation of the
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Contract Documents. A MILCOR TRIM, as defined in PROPOUNDING PARTY’s Request, is not
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called out in the “PLANS,” as defined. However, the “PLANS,” as defined, do not include all the
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documents and instructions that make up the Contract Documents, and are not representative of
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how this portion of the Project was to be constructed.
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Collins Collins
Muir + Stewart LLP 19010 – RSPS TO RFA 1 FROM JELD-WEN (03-08-16)
1999 Harrison Street
Suite 1700
3
Oakland, CA 94612
Phone (510) 844-5100
Fax (510) 844-5101
MVP’S RESPONSES TO REQUESTS FOR ADMISSION, SET ONE, FROM JELD-WEN
1 REQUEST FOR ADMISSION NO. 2
2 Admit the SPECIFICIATIONS do not call for a MILCOR TRIM feature on any windows
3 detailed therein.
4 RESPONSE TO REQUEST FOR ADMISSION NO. 2
5 Objection. Responding Party objects to this Request to the extent it requests information
6 protected by the attorney-client privilege or attorney work product doctrine. Further, this request is
7 unduly burdensome, overbroad, calls for a legal conclusion, and calls for impermissible expert
8 opinion on a matter at issue between the parties. In addition, the phrase MILCOR TRIM, as
9 defined, is vague and ambiguous and subject to varying interpretations, such that RESPONDING
10 PARTY’s definition of MILCOR TRIM may differ from PROPOUNDING PARTY’s definition.
11 Without waiving any of the foregoing objections, Responding Party responds as follows:
12 Deny.
14 Admit the PLANS do not call for a MILCOR TRIM feature on any sliding glass patio doors
15 detailed therein.
17 Objection. Responding Party objects to this Request to the extent it requests information
18 protected by the attorney-client privilege or attorney work product doctrine. Further, this request is
unduly burdensome, overbroad, calls for a legal conclusion, and calls for impermissible expert
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opinion on a matter at issue between the parties. In addition, the phrase MILCOR TRIM, as
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defined, is vague and ambiguous and subject to varying interpretations, such that RESPONDING
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PARTY’s definition of MILCOR TRIM may differ from PROPOUNDING PARTY’s definition.
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Without waiving any of the foregoing objections, Responding Party responds as follows:
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RESPONDING PARTY is unable to admit or deny this Request because
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PROPOPOUNDING PARTY’s definition of “PLANS” is not a complete representation of the
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Contract Documents. A MILCOR TRIM, as defined in PROPOUNDING PARTY’s Request, is not
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called out in the “PLANS,” as defined. However, the “PLANS,” as defined, do not include all the
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Collins Collins
Muir + Stewart LLP 19010 – RSPS TO RFA 1 FROM JELD-WEN (03-08-16)
1999 Harrison Street
Suite 1700
4
Oakland, CA 94612
Phone (510) 844-5100
Fax (510) 844-5101
MVP’S RESPONSES TO REQUESTS FOR ADMISSION, SET ONE, FROM JELD-WEN
1 documents and instructions that make up the Contract Documents, and are not representative of
2 how this portion of the Project was to be constructed.
3 REQUEST FOR ADMISSION NO. 4
4 Admit the SPECIFICATIONS do not call for a MILCOR TRIM feature on any sliding glass
5 patio doors detailed therein.
6 RESPONSE TO REQUEST FOR ADMISSION NO. 4
7 Objection. Responding Party objects to this Request to the extent it requests information
8 protected by the attorney-client privilege or attorney work product doctrine. Further, this request is
9 unduly burdensome, overbroad, calls for a legal conclusion, and calls for impermissible expert
10 opinion on a matter at issue between the parties. In addition, the phrase MILCOR TRIM, as
11 defined, is vague and ambiguous and subject to varying interpretations, such that RESPONDING
12 PARTY’s definition of MILCOR TRIM may differ from PROPOUNDING PARTY’s definition.
13 Without waiving any of the foregoing objections, Responding Party responds as follows:
14 Deny.
16 Admit the PLANS call for aluminum windows and sliding glass patio doors.
18 Objection. Responding Party objects to this Request to the extent it requests information
protected by the attorney-client privilege or attorney work product doctrine. Further, this request is
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unduly burdensome, overbroad, calls for a legal conclusion, compound, and calls for impermissible
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expert opinion on a matter at issue between the parties. Without waiving any of the foregoing
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objections, Responding Party responds as follows:
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RESPONDING PARTY is unable to admit or deny this Request because
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PROPOPOUNDING PARTY’s definition of “PLANS” is not a complete representation of the
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Contract Documents. Aluminum windows and sliding glass patio doors are called out in the
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“PLANS,” as defined. However, the “PLANS,” as defined, do not include all the documents and
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instructions that make up the Contract Documents, and are not representative of what the contract
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documents called for in this regard.
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Collins Collins
Muir + Stewart LLP 19010 – RSPS TO RFA 1 FROM JELD-WEN (03-08-16)
1999 Harrison Street
Suite 1700
5
Oakland, CA 94612
Phone (510) 844-5100
Fax (510) 844-5101
MVP’S RESPONSES TO REQUESTS FOR ADMISSION, SET ONE, FROM JELD-WEN
1 REQUEST FOR ADMISSION NO. 6
2 Admit the SPECIFICATIONS call for aluminum windows and sliding glass patio doors.
3 RESPONSE TO REQUEST FOR ADMISSION NO. 6
4 Objection. Responding Party objects to this Request to the extent it requests information
5 protected by the attorney-client privilege or attorney work product doctrine. Further, this request is
6 unduly burdensome, overbroad, calls for a legal conclusion, compound, and calls for impermissible
7 expert opinion on a matter at issue between the parties. Without waiving any of the foregoing
9 Deny.
11 Admit YOU never revised the PLANS to reflect the change in materials from aluminum to
14 Objection. Responding Party objects to this Request to the extent it requests information
15 protected by the attorney-client privilege or attorney work product doctrine. Further, this request is
16 unduly burdensome, overbroad, calls for a legal conclusion, compound, and calls for impermissible
17 expert opinion on a matter at issue between the parties. Without waiving any of the foregoing
7 Deny.
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DATED: March 8, 2016 COLLINS COLLINS MUIR + STEWART LLP
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11 By: ________________________________
12 SAMUEL J. MUIR
Attorneys for McLARAND VASQUEZ &
13 PARTNERS, INC.
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Collins Collins
Muir + Stewart LLP 19010 – RSPS TO RFA 1 FROM JELD-WEN (03-08-16)
1999 Harrison Street
Suite 1700
7
Oakland, CA 94612
Phone (510) 844-5100
Fax (510) 844-5101
MVP’S RESPONSES TO REQUESTS FOR ADMISSION, SET ONE, FROM JELD-WEN
VERIFICATION TO FOLLOW
UNDER SEPARATE COVER
PROOF OF SERVICE
(CCP §§ 1013(a) and 2015.5; FRCP 5)
State of California, )
) ss.
County of Alameda )
I am employed in the County of Alameda. I am over the age of 18 and not a party to the within action. My business address is 1999 Harrison
Street, Suite 1700, Oakland, California 94612.
On the below date, I served the foregoing document described as McLARAND, VASQUEZ & PARTNERS, INC.’S RESPONSES TO
SPECIAL INTERROGATORIES, SET ONE, PROPOUNDED BY JELD-WEN, INC.; McLARAND, VASQUEZ & PARTNERS, INC.’S
RESPONSES TO REQUEST FOR ADMISSION, SET ONE, PROPOUNDED BY JELD-WEN, INC. on the interested parties in this action by
placing same in a sealed envelope, addressed as follows:
(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 Oakland, California.
(BY ELECTRONIC FILING AND/OR SERVICE) – I filed and served a true copy, with all exhibits, electronically on designated
recipients listed on the attached Service List via 03/08/16 (Date) at a.m. (Time)
Glotrans, per E-Filing and E-Service Standing
Order of 08/28/06, on:
FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees
provided for.
(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 (510) 844-5100 indicated all pages were transmitted.
(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
(STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(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.
PAM KASSOFF
pkassoff@ccmslaw.com
SUPERIOR COURT OF THE COUNTY OF SANTA CLARA; CASE NO. 1-13-CV-258281
CILKER APARTMENTS v. WESTERN NATIONAL CONSTRUCTION, et al
OUR FILE NO. 19010
Todd A. Fischer
Bryan P. Kerney, Esq.
FISCHER KERNEY, LLP
888 Munras Avenue
Monterey, CA 93940
(831) 372-9200 – FAX (831) 372-9220
taf@fk-legal.com
bpk@fk-legal.com
CO-COUNSEL FOR DEFENDANT/CROSS-DEFENDANT
PYRAMID BUILDERS, INC.