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Complaint Information

D ® EILED

KAMINE LAW PC

Dot Ko 8043 - ek i?s Xf;éfitslf (Sjiee;b(s)lllg-el g-‘gg FRESNO SUPERIOR COURT (213) 972-0119; Fax (213) 972-0005 DEFUTY |

Attorneys for J. Fletcher Creamer & Son, Inc.

and Liberty Mutual Insurance Co.

SS———

— = SUPERIOR COURT OF THE STATE OF CALIFORNIA .

FOR THE COUNTY OF FRESNO S I =

UNLIMITED JURISDICTION SIS

J. FLETCHER CREAMER & SON, INC. No. 13 CE CG 00247 DSB Hon. Donald Black, Dept. 502 Plaintiff, |

DECLARATION IN OPPOSITION TO

V. MOTION TO AMEND CROSS-

| COMPLAINT

CVIN, LLC and DOES 1-300, 1 Hearing Date: ~ December 31, 2015 Defendants. | Time: 3:30 p.m. D|ept.: 502

C]omplaint Filed: January 23,2013

AND RELATED CROSS-ACTION

The undersigned declares: 1. I am counsel for plaintiff/cross-defendant J. Fletcher Creamer & Son, Inc.

(JFC) in the instant case. As such I have personal knowledge of the following facts and, if called |

as a witness, I could and would competently testify thereto under oath. 2. Defendant/cross-complainant CVIN, LLC (CVIN) contracted with JFC to

place ONLY the conduit and access boxessegments of the project (CVIN's own

forces placed fiber optic cable into the conduit, and connected whatever other equipment was required to get the system up and running). CVIN contracted with ITC to provide inspection | services for many more of the segments of the project than the 6 JFC segments, and, because of |

ITC's termination, it did not provide inspection services on the JFC segments at all times that JFC

was trying to perform its work. Declaration in Opposition to Motion to Amend Cross-complaint

was trying to perform its work. Declaration in Opposition to Motion to Amend Cross-complaint= O 0N N N BREWN e

= O 0N N N BREWN e

D ® PROOF OF SERVICE BY FACSIMILE TRANSMISSION

I am employed in the County of Los Angeles, State of California. I am overparty to the within action. The phone number of the facsimile machine from which this document is being transmitted is (213) 972-0005. Pursuant to the parties’ agreement,

confirmed in writing, to accept service by facsimile transmission, on December 23, 2015. I served

the above document described as:

DECLARATION IN OPPOSITION TO MOTION TO AMEND CROSS-COMPLAINT

on the appropriate parties m this action by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number last given by that person on a document filed and served in the cause or in the last correspondence received by this office from that person as follows:

Steven D. McGee

Matthew R. Dildine

DOWLING AARON INCORPORATED

8080 North Palm, Third Floor, Fresno, CA 93711

Fax: (559) 432- 4590

Attorneys for CVIN, LLC

The transmission was reported as complete and without error and a copy of the transmission report is attached hereto as proof that the transmission report was properly issued by the transmitting facsimile machine.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. Executed on December,23, 2015 at Los A geles, California.