This case was last updated from San Francisco County Superior Courts on 09/14/2019 at 10:51:22 (UTC).

ESSEX PORTFOLIO, LP VS. SUFFOLK CONSTRUCTION COMPANY, INC. ET AL

Case Summary

On 04/30/2019 ESSEX PORTFOLIO, LP filed a Contract - Other Contract lawsuit against SUFFOLK CONSTRUCTION COMPANY, INC. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judge overseeing this case is GARRETT L. WONG. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5609

  • Filing Date:

    04/30/2019

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Other Contract

  • County, State:

    San Francisco, California

Judge Details

Judge

GARRETT L. WONG

 

Party Details

Plaintiff

ESSEX PORTFOLIO, LP

Defendants

DOES 1 TO 100

MVE GROUP, INC.

MVE + PARTNERS, INC. D/B/A MCLARAND VASQUEZ EMSIEK & PARTNERS, INC.

CROSS 2 DESIGN GROUP INC

SUFFOLK CONSTRUCTION COMPANY, INC.

Attorney/Law Firm Details

Plaintiff Attorney

CONTRERAS, ERINN M.

Attorney at SHEPPARD MULLIN RICHTER & HAMPTON LLP

Four Embarcadero Center, 17Th Floor

San Francisco, CA 94111

Defendant Attorneys

MUIR, SAMUEL J.

Attorney at COLLINS COLLINS MUIR + STEWART LLP

1999 Harrison Street, Suite 1700

Oakland, CA 94612

OLSON, GLEN ROBERT

Attorney at LONG & LEVIT LLP

465 California Street, 5Th Flr

San Francisco, CA 94104

LEE, DAVID S

Attorney at LEE, HERNANDEZ, LANDRUM & CARLSON, APC

1600 Riviera Avenue, Suite 310

Walnut Creek, CA 94596

 

Court Documents

Notice to Plaintiff

NOTICE TO PLAINTIFF

COMPLAINT

CONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF ESSEX PORTFOLIO, LP AS TO DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC. MVE + PARTNERS, INC. D/B/A MCLARAND VASQUEZ EMSIEK & PARTNERS, INC. MVE GROUP, INC. CROSS 2 DESIGN GROUP INC DOES 1 TO 100 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-02-2019 PROOF OF SERVICE DUE ON JUL-01-2019 CASE MANAGEMENT STATEMENT DUE ON SEP-09-2019

GENERIC CIVIL FILING (NO FEE)

ATTORNEY'S CERTIFICATE OF MERIT FILED BY PLAINTIFF ESSEX PORTFOLIO, LP

NOTICE OF APPEARANCE OF DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC.

NOTICE OF APPEARANCE OF DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC. (TRANSACTION ID # 63323704) FILED BY DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC.

Request for dismissal

DISMISSAL WITHOUT PREJUDICE (TRANSACTION ID # 100073844) AS TO DEFENDANT MVE GROUP, INC.

Notice of Appearance of Defendant Cross 2 Design Group, Inc.

NOTICE OF APPEARANCE OF DEFENDANT CROSS 2 DESIGN GROUP, INC. (TRANSACTION ID # 100074395) FILED BY DEFENDANT CROSS 2 DESIGN GROUP INC

Notice Of Posting First Appearance Fees By Mve + Partners, Inc.

NOTICE OF POSTING FIRST APPEARANCE FEES BY MVE + PARTNERS, INC. (TRANSACTION ID # 100075031) FILED BY DEFENDANT MVE + PARTNERS, INC. D/B/A MCLARAND VASQUEZ EMSIEK & PARTNERS, INC.

 

Docket Entries

  • 07/17/2019
  • Payment : REQ OR STIP AND ORDER W/O HEARING; Amount : $20; Payment Type : ELECTRONIC ; Receipt Number : B1419717C010

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  • 06/26/2019
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : ELECTRONIC ; Receipt Number : W6619626F002

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  • 06/19/2019
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : ELECTRONIC ; Receipt Number : B1419619F003

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  • 06/12/2019
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : ELECTRONIC ; Receipt Number : R9219612F001

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  • 04/30/2019
  • Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK ; Receipt Number : W0919430F003

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  • 06/28/2019
  • FILING FEE STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION FOR ALL PURPOSES (TRANSACTION ID # 63493025) FILED BY PLAINTIFF ESSEX PORTFOLIO, LP AS TO DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC. MVE + PARTNERS, INC. D/B/A MCLARAND VASQUEZ EMSIEK & PARTNERS, INC. CROSS 2 DESIGN GROUP INC (Fee:$20.00)

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  • 06/18/2019
  • View Court Documents
  • NOTICE OF POSTING FIRST APPEARANCE FEES BY MVE + PARTNERS, INC. (TRANSACTION ID # 100075031) FILED BY DEFENDANT MVE + PARTNERS, INC. D/B/A MCLARAND VASQUEZ EMSIEK & PARTNERS, INC. (Fee:$450.00)

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  • 06/12/2019
  • View Court Documents
  • NOTICE OF APPEARANCE OF DEFENDANT CROSS 2 DESIGN GROUP, INC. (TRANSACTION ID # 100074395) FILED BY DEFENDANT CROSS 2 DESIGN GROUP INC (Fee:$450.00)

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  • 06/06/2019
  • View Court Documents
  • DISMISSAL WITHOUT PREJUDICE (TRANSACTION ID # 100073844) AS TO DEFENDANT MVE GROUP, INC.

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  • 06/04/2019
  • View Court Documents
  • NOTICE OF APPEARANCE OF DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC. (TRANSACTION ID # 63323704) FILED BY DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC. (Fee:$450.00)

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  • 04/30/2019
  • View Court Documents
  • ATTORNEY'S CERTIFICATE OF MERIT FILED BY PLAINTIFF ESSEX PORTFOLIO, LP

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  • 04/30/2019
  • View Court Documents
  • NOTICE TO PLAINTIFF

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  • 04/30/2019
  • View Court Documents
  • CONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF ESSEX PORTFOLIO, LP AS TO DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC. MVE + PARTNERS, INC. D/B/A MCLARAND VASQUEZ EMSIEK & PARTNERS, INC. MVE GROUP, INC. CROSS 2 DESIGN GROUP INC DOES 1 TO 100 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-02-2019 PROOF OF SERVICE DUE ON JUL-01-2019 CASE MANAGEMENT STATEMENT DUE ON SEP-09-2019 (Fee:$450.00)

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Tentative Rulings

Case Number:*******5609
Case Title:ESSEX PORTFOLIO, LP VS. SUFFOLK CONSTRUCTION COMPANY, INC. ET AL
Court Date:APR-28-2021 09:30 AM
Calendar Matter:DEMURRER to Amended COMPLAINT
Rulings:Matter on the Law & Motion Calendar for Wednesday, April 28, 2021, Line 4, DEFENDANT MVE + PARTNERS, INC.'S DEMURRER TO AMENDED COMPLAINT.Transferred to Dept. 501 to be heard on May 12, 2021 at 9:30 a.m. Parties are to provide Dept. 501 with courtesy copies with the new hearing date. This department handles all matters for cases arising out of the ownership of real property. =(302/EPS)


Case Number:*******5609
Case Title:ESSEX PORTFOLIO, LP VS. SUFFOLK CONSTRUCTION COMPANY, INC. ET AL
Court Date:MAY-06-2021 09:30 AM
Calendar Matter:DEMURRER to Amended COMPLAINT
Rulings:Matter on the Law & Motion Calendar for Thursday, May 6, 2021, Line 10,DEFENDANT MVE + PARTNERS, INC.'s DEMURRER to 1ST Amended COMPLAINT:Defendant MVE + Partners (MVEP)'s demurrer to the seventh cause of action for negligence is overruled. "An omission to perform a contract obligation is never a tort, unless that omission is also an omission of a legal duty." (Erlich v. Menezes (1999) 21 Cal.4th 543, 551, 554.) "While Erlich states that a claimant is required to plead a tort duty independent of the contract, Erlich does not address whether improper performance of a professional services contract gives rise to an independent tort duty. . . . Cases decided subsequent to . . . Erlich continue to apply a rule that negligent failure to exercise reasonable care and skill in undertaking to perform a professional services contract is a tort as well as a breach of contract." (City and County of San Francisco v. Cambridge Integrated Services Group, Inc. (N.D. Cal., July 2, 2007, No. C 04-1523 VRW) 2007 WL 1970092, at *3-*4, citing several cases cited below. Defendant's citation to and reliance upon an unpublished Court of Appeal decision (Michaels) in its moving papers (Mot. at 3:6-4:6) is improper. (Cal. R. Ct. 8.1115(a) ["an opinion of a California Court of Appeal . . . that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action"].)An architect has a professional duty of care. (See Montijo v. Swift (1963) 219 Cal.App.2d 351, 353 ["an architect who plans and supervises construction work, as an independent contractor, is under a duty to exercise ordinary care in the course thereof for the protection of any person who foreseeably and with reasonable certainty may be injured by his failure to do so"].) There is a long line of California cases establishing that professional negligence may sound in both tort and contract. (See Gagne v. Bertran (1954) 43 Cal.2d 481, 490 [soil tester]; Moreno v. Sanchez (2003) 106 Cal.App.4th 1415, 1436 [home inspector]; Neel v. Magana, Olney, Levy, Cathcart & Gelfand (1971) 6 Cal.3d 176, 180-181 [attorney]; Loube v. Loube (1998) 64 Cal.App.4th 421, 429- 430 [attorney].) Plaintiff sufficiently alleges a claim for professional negligence. "The elements of a cause of action for professional negligence are: (1) the duty of the professional to use such skill, prudence and diligence as other members of the profession commonly possess and exercise; (2) breach of that duty; (3) a causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional negligence." (Loube, 64 Cal.App.4th at 429.) "Defendants . . . were under a duty to exercise ordinary care as . . . architects . . . and . . . failed to perform their duty. . . . As a direct and proximate result of the foregoing negligent, careless, and unworkmanlike actions and/or omissions by Defendants, and each of them, Plaintiff has suffered damages." (FAC 86-88.) [The Court's full tentative ruling was emailed to the parties.]=(302/EPS)


Case Number:*******5609
Case Title:ESSEX PORTFOLIO, LP VS. SUFFOLK CONSTRUCTION COMPANY, INC. ET AL
Court Date:JUN-02-2021 09:30 AM
Calendar Matter:Notice Of Motion And Suffolk Construction Company Inc And Tc Steels Joint Motion For Good Faith Determination
Rulings:Matter on the Law & Motion Calendar for Wednesday, June 2, 2021, Line 5, T.C. Steel and Suffolk Construction Company Inc's Joint Motion For Good Faith Determination. Suffolk Construction Company, Inc. and T.C. Steel's joint motion for determination of good faith settlement with Plaintiff Essex Portfolio, LP is denied without prejudice.(The Court's full tentative ruling has been emailed to the parties.)As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for Cross 2 Design Group is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/EPS)


Case Number:*******5609
Case Title:ESSEX PORTFOLIO, LP VS. SUFFOLK CONSTRUCTION COMPANY, INC. ET AL
Court Date:NOV-16-2021 09:30 AM
Calendar Matter:Joint Notice Of Motion And Joint Motion For Good Faith Determination By Suffolk Construction Company, Inc., Essex Portfolio, Lp, And T.C. Steel
Rulings:Matter on calendar for Tuesday, November 16, 2021, Line 13, DEFENDANT SUFFOLK CONSTRUCTION COMPANY, INC.'S Joint Motion For Good Faith Determination By Suffolk Construction Company, Inc., Essex Portfolio, Lp, And T.C. SteelSettlors' (Essex, Suffolk, and T.C. Steel) motion for determination of good faith settlement is granted.(THE COURT'S FULL AND COMPLETE TENTATIVE RULING HAS BEEN EMAILED TO THE PARTIES)Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for respondent is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/EPS)


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