This case was last updated from San Francisco County Superior Courts on 04/12/2016 at 03:48:44 (UTC).

THE CANDLESTICK - THE COVE HOMEOWNERS ASSOCIATION VS. TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED et al

Case Summary

On 08/29/2012 THE CANDLESTICK - THE COVE HOMEOWNERS ASSOCIATION filed a Property - Construction Defect lawsuit against TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3818

  • Filing Date:

    08/29/2012

  • Case Status:

    Not Classified By Court

  • Case Type:

    Property - Construction Defect

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Plaintiff

THE CANDLESTICK - THE COVE HOMEOWNERS ASSOCIATION A CALIFORNIA NON-PROFIT, MUTUA

Defendants, Cross Defendants and Intervenors

TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

TILE WEST, INC. A CALIFORNIA CORPORATION

TILE WEST, INC.

COUNTRY BUILDERS, INC., A CALIFORNIA CORPORATION

COUNTRY BUILDERS, INC. (SUED HEREIN AS DOE 40)

DAVIDSON PLASTERING, INC.

M & M LIGHTWEIGHT CONCRETE COMPANY, INC. A CALIFORNIA CORPORATION

THOMPSON PACIFIC CORPORATION

CB ENGINEERS

AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF THOMPSON PACIFIC CORPORATION)

SERVICE LATHIING COMPANY, A DISSOLVED CORPORATION

BLUE'S ROOFING CO., A CALIFORNIA CORPORATION

LASLEY, SPENCER HALE

DOES 1 THRU 200, INCL.

NICODEMUS PLIMBING & MECHANICAL, A CALIFORNIA CORPORATION

Defendant, Cross Plaintiff and Intervenor

AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF THOMPSON PACIFIC CORPORATION)

Cross Defendants

MOES 1 THROUGH 100, INCLUSIVE

CB ENGINEERS

CB ENGINEERS FKA C & B CONSULTING ENGINEERS

Others and Intervenors

AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF SEALTECH CAULKING & WATERPROOFING, INC.)

ARCH SPECIALTY INSURANCE COMPANY

AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF THOMPSON PACIFIC CORPORATION)

18 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

GILL JOHN P

Defendant, Intervenor and Cross Plaintiff Attorneys

ARABI, ARASH S.

MEYER, JR., RAYMOND

Attorney at BREMER WHYTE BROWN & O'MEARA, LLP

2130 Center Street, Ste 103

Berkeley, CA 94704

SMYTH, TIMOTHY R

Attorney at SELLAR HAZARD & LUCIA

201 North Civic Drive, Ste 145

Walnut Creek, CA 94596

LUCIA, CHRISTIAN P.

Attorney at SELLAR HAZARD & LUCIA A PROFESSIONAL CORPORATION

201 N. Civic Drive, Suite 145

Walnut Creek, CA 94596

SCLAR, ANDREW P.

Attorney at ERICKSEN ARBUTHNOT

100 Bush St., Suite 900

San Francisco, CA 94104

LIFTER, JILL JAYE

Attorney at RYAN & LIFTER

2000 Crow Canyon Pl., Ste. 400

San Ramon, CA 94583-1367

COMINOS, DION NICHOLAS

Attorney at GORDON & REES LLPEMBARCADERO CENTER WEST

275 Battery Street, Ste 2000

San Francisco, CA 94111

DAY, MATTHEW R.

Porter Scott, 350 University Avenue, Ste 200

Sacramento, CA 95825

SCRIBNER, KRISTINE MICHELLE

Porter Scott, 350 University Ave Ste 200

Sacramento, CA 95825

DRAGE, CHRISTINE E.

Attorney at WEIL & DRAGE, APC

23212 Mill Creek Drive

Laguna Hills, CA 92653

TAPP, CHAD S.

Defendant, Other, Intervenor and Cross Plaintiff Attorneys

DAY, MATTHEW R.

Porter Scott, 350 University Avenue, Ste 200

Sacramento, CA 95825

SCRIBNER, KRISTINE MICHELLE

Porter Scott, 350 University Ave Ste 200

Sacramento, CA 95825

Defendant and Cross Defendant Attorney

COMINOS, DION NICHOLAS

Attorney at GORDON & REES LLPEMBARCADERO CENTER WEST

275 Battery Street, Ste 2000

San Francisco, CA 94111

Other Attorneys

KELTON, BURGESS M.

Attorney at BREMER WHYTE BROWN & O'MEARA LLP

2130 Center Street, Ste 103

Berkeley, CA 94704

GILL, JOHN PHILIP

Attorney at HUGHES GILL COCHRANE, P.C.

1600 South Main Street, Suite 215

Walnut Creek, CA 94596

COHEN, ADRIENNE D

Attorney at LAW OFFICES OF ADRIENNE D. COHEN

1120 Nye Street Ste 300

San Rafael, CA 94901

 

Court Documents

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF SEP-17-2014 CONTINUED TO NOV-05-2014 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

Notice of Change of Handling Attorney

SUBSTITUTION OF ATTORNEY, (TRANSACTION ID # 56584374): DAY, MATTHEW R., SCRIBNER, KRISTINE MICHELLE SUBSTITUTED FOR TAPP, CHAD S. AS ATTORNEY FOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF THOMPSON PACIFIC CORPORATION)

ORDER

ORDER GRANTING LEAVE TO INTERVENE BY ARCH INSURANCE COMPANY INTERVENOR FOR SEALTECH CAULKING & WATERPROOFING, INC.

Declaration of Matthew R. Day in Support of Motion to Intervene

DECLARATION OF MATTHEW R. DAY IN SUPPORT OF MOTION TO INTERVENE (TRANSACTION ID # 58252558) FILED BY INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF WESTERN SHOWER DOOR, INC.)

DECLARATION OF MATTHEW R. DAY IN SUPPORT OF INTERVENOR AIG SPECIALTY I

DECLARATION OF MATTHEW R. DAY IN SUPPORT OF INTERVENOR AIG SPECIALTY INSURANCE COMPANY FKA CHARTIS SPECIALTY INSURANCE COMPANY FKA AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANYS (AS AN INSURER OF WESTERN SHOWER DOOR, INC.) MOTION TO SET ASIDE DEFAULT OF WESTERN SHOWER DOOR, INC. (TRANSACTION ID # 58616259) FILED BY INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF WESTERN SHOWER DOOR, INC.)

DECLARATION OF MATTHEW R. DAY IN SUPPORT OF INTERVENOR AIG SPECIALTY I

DECLARATION OF MATTHEW R. DAY IN SUPPORT OF INTERVENOR AIG SPECIALTY INSURANCE COMPANY FKA CHARTIS SPECIALTY INSURANCE COMPANY FKA AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANYS (AS AN INSURER OF SEALTECH CAULKING AND WATERPROOFING, INC.) MOTION TO SET ASIDE DEFAULT OF SEALTECH CAULKING AND WATERPROOFING, INC. (TRANSACTION ID # 58616450) FILED BY INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF SEALTECH CAULKING & WATERPROOFING, INC.)

ORDER TO SET ASIDE DEFAULT/JUDGMENT/LEAVE TO DEFEND

ORDER TO SET ASIDE DEFAULT/JUDGMENT/LEAVE TO DEFEND, ORDER (ORDER GRANTING INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY'S (AS INSURER OF SEALTECH CAULKING & WATERPROOFING, INC.) MOTION TO SET ASIDE DEFAULT OF SEALTECH CAULKING & WATERPROOFING, INC.) DEFAULT OF OCT-26-2015 SET ASIDE

ORDER TO SET ASIDE DEFAULT/JUDGMENT/LEAVE TO DEFEND

ORDER TO SET ASIDE DEFAULT/JUDGMENT/LEAVE TO DEFEND, ORDER (ORDER GRANTING INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY'S (AS INSURER OF WESTERN SHOWER DOOR, INC.) MOTION TO SET ASIDE DEFAULT OF WESTERN SHOWER DOOR, INC.) DEFAULT OF OCT-26-2015 SET ASIDE

Plaintiff Memorandum of Points and Authorities in Support of Motion to

PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO SET TRIAL DATE (TRANSACTION ID # 58814153) FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 25.0 DAYS

ORDER

ORDER - PRE-TRIAL ORDER NO. 1

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 25.0 DAYS

Plaintiffs Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 55498431) FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 25.0 DAYS

Proof of Service

PROOF OF SERVICE (TRANSACTION ID # 56982952) FILED BY DEFENDANT TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

ORDER

ORDER GRANTING EX PARTE APPLICATION FOR ORDER AMENDING COMPLAINT TO SUBSTITUTE TRUE NAMES FOR FICTITIOUS NAMES

ORDER

ORDER DENYING AIG SPECIALTY INSURANCE COMPANY'S MOTION TO INTERVENE ON BEHALF OF SEALTECH CAULKING & WATERPROOFING, INC.

Declaration of Matthew R. Day in Support of Reply to Opposition to Mo

DECLARATION OF MATTHEW R. DAY IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO INTERVENE (TRANSACTION ID # 58374663) FILED BY INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF SEALTECH CAULKING & WATERPROOFING, INC.)

NOTICE OF MOTION AND MOTION TO AMEND CROSS-COMPLAINT

NOTICE OF MOTION AND MOTION TO AMEND CROSS-COMPLAINT (TRANSACTION ID # 58499422) FILED BY INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY (AS AN INSURER OF THOMPSON PACIFIC CORPORATION) HEARING SET FOR FEB-25-2016 AT 09:30 AM IN DEPT 302 (Fee:60.00)

235 More Documents Available

 

Docket Entries

  • 04/05/2016
  • View Court Documents
  • GILL DECLARATION IN SUPPORT OF PLAINTIFF MOTION TO SET TRIAL DATE (TRANSACTION ID # 58814153) FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS

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  • 04/05/2016
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  • PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO SET TRIAL DATE (TRANSACTION ID # 58814153) FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS

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  • 04/05/2016
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  • PLAINTIFF MOTION TO SET TRIAL DATE (TRANSACTION ID # 58814153) FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS HEARING SET FOR APR-28-2016 AT 09:30 AM IN DEPT 206 (Fee:60.00)

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  • 03/24/2016
  • LAW AND MOTION 302, INTERVENOR AIG SPECIALTY INSURANCE COMPANY'S MOTION TO SET ASIDE DEFAULT OF SEALTECH CAULKING AND WATERPROOFING, INC.'S IS GRANTED. NO OPPOSITION FILED. THE COURT ASSUMES THAT THIS MOTION IS NOT AFFECTED BY AIG'S DISMISSAL OF ITS CROSS-COMPLAINT ON MARCH 9, 2016. ORDER SIGNED IN OPEN COURT. JUDGE: HAROLD KAHN, CLERK: SEAN KANE, NOT REPORTED. (302/HK)

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  • 03/24/2016
  • LAW AND MOTION 302, INTERVENOR AIG SPECIALTY INSURANCE COMPANY'S MOTION TO SET ASIDE DEFAULT OF WESTERN SHOWER DOOR, INC. IS GRANTED. NO OPPOSITION FILED. THE COURT ASSUMES THAT THIS MOTION IS NOT AFFECTED BY AIG'S DISMISSAL OF ITS CROSS-COMPLAINT ON MARCH 9, 2016. ORDER SIGNED IN OPEN COURT. JUDGE: HAROLD KAHN, CLERK: SEAN KANE, NOT REPORTED. (302/HK)

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  • 03/24/2016
  • MINI MINUTES FOR MAR-24-2016 09:30 AM FOR DEPT 302

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  • 03/24/2016
  • MINI MINUTES FOR MAR-24-2016 09:30 AM FOR DEPT 302

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  • 03/24/2016
  • View Court Documents
  • ORDER TO SET ASIDE DEFAULT/JUDGMENT/LEAVE TO DEFEND, ORDER (ORDER GRANTING INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY'S (AS INSURER OF WESTERN SHOWER DOOR, INC.) MOTION TO SET ASIDE DEFAULT OF WESTERN SHOWER DOOR, INC.) DEFAULT OF OCT-26-2015 SET ASIDE

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  • 03/24/2016
  • View Court Documents
  • ORDER TO SET ASIDE DEFAULT/JUDGMENT/LEAVE TO DEFEND, ORDER (ORDER GRANTING INTERVENOR AIG SPECIALTY INSURANCE COMPANY F/K/A CHARTIS SPECIALTY INSURANCE COMPANY F/K/A AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY'S (AS INSURER OF SEALTECH CAULKING & WATERPROOFING, INC.) MOTION TO SET ASIDE DEFAULT OF SEALTECH CAULKING & WATERPROOFING, INC.) DEFAULT OF OCT-26-2015 SET ASIDE

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  • 03/23/2016
  • JURY FEES (TRANSACTION ID # 58758077) DEPOSITED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS (Fee:150.00)

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297 More Docket Entries
  • 01/14/2013
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  • SUMMONS ON COMPLAINT, PROOF OF SERVICE ONLY, FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS SERVED DEC-15-2012, PERSONAL SERVICE ON DEFENDANT THOMPSON PACIFIC CORPORATION

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  • 01/04/2013
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  • CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 25.0 DAYS

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  • 01/03/2013
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  • ANSWER TO COMPLAINT FILED BY DEFENDANT TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (Fee:450.00)

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  • 11/28/2012
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  • ORDER GRANTING EX PARTE APPLICATION FOR ORDER AMENDING COMPLAINT TO SUBSTITUTE TRUE NAMES FOR FICTITIOUS NAMES (DOE 26: THOMPSON PACIFIC CORPORATION)

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  • 11/28/2012
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  • AMENDMENT TO COMPLAINT PER ORDER DEFENDANT SUED HEREIN AS DOE 26 TO BE THOMPSON PACIFIC CORPORATION

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  • 11/27/2012
  • DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDER FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS

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  • 11/27/2012
  • EX PARTE APPLICATION FOR ORDER AMENDING COMPLAINT TO SUBSTITUTE TRUE NAMES FOR FICTITIOUS NAMES FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS (Fee:60.00)

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  • 10/05/2012
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  • SUMMONS ON COMPLAINT BY MAIL ON 9/13/12, PROOF OF SERVICE ONLY, FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS SERVED SEP-12-2012, SUBSTITUTE SERVICE ON CORPORATION ON DEFENDANT TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

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  • 08/29/2012
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  • NOTICE TO PLAINTIFF

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  • 08/29/2012
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  • CONSTRUCTION, COMPLAINT FILED BY PLAINTIFF THE CANDLESTICK POINT - THE COVE HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT, MUTUAL BENEFIT CORPORATION, ON BEHALF OF ITSELF, AND TO THE EXTENT ALLEGED THEREIN, ON BEHALF OF ITS MEMBERS AS TO DEFENDANT TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DOES 1 THRU 200, INCL. SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-30-2013 PROOF OF SERVICE DUE ON OCT-29-2012 CASE MANAGEMENT STATEMENT DUE ON JAN-15-2013 (Fee:450.00)

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Complaint Information

This answering Defendant further asserts the following affirmative defenses in response to the Complaint filed by Plaintift:

FIRST AFFIRMATIVE DEFENSE

Defendant alleges that the Complaint and the causes of action therein fail to state facts sufficient to constitute a cause of action against this answering Defendant.

SECOND AFFIRMATIVE DEFENSE

Defendant alleges that Plaintiff knew, or in the exercise of ordinary care, should have known, of the risks and hazards involved in the undertaking in which they engaged, but nevertheless and with full knowledge of all facts and circumstances did fully and voluntarily consent to assume the risks and hazards of injuries and damages involved in the undertaking.

THIRD AFFIRMATIVE DEFENSE

Defendant alleges that the Complaint and each cause of action therein, by reason of a prior adjudication, are barred by res judicata.

FOURTH AFFIRMATIVE DEFENSE

Defendant alleges that the Complaint and each cause of action therein, by reason of a prior adjudication, are barred by collateral estoppel.

FIFTH AFFIRMATIVE DEFENSE

Defendant alleges that the damages complained of herein, if any, were not the result of any human intervention, but were caused by 1rresistible forces of nature which no one could reasonably anticipate and which could not have been prevented by the exercise of reasonable prudence, diligence or care.

SIXTH AFFIRMATIVE DEFENSE

Defendant alleges i1f there 1s any negligence or liability on the part of the party named herein, it 1s the sole and exclusive negligence and liability of the other Defendant, persons or entities and not of this answering Defendant.

SEVENTH AFFIRMATIVE DEFENSE

Defendant alleges that Plaintiff was itself solely and totally negligent in and about the

matters referred to in the Complaint, and that such negligence and carelessness on the part of

THIRTEENTH AFFIRMATIVE DEFENSE

Defendant alleges that Plaintiff lacks standing to bring the present action.

FOURTEENTH AFFIRMATIVE DEFENSE

This Complaint, and causes of action thereof, is barred by the statutes of limitation set forth in the California Code of Civil Procedure, commencing with section 335 and continuing through section 349.4.

FIFTEENTH AFFIRMATIVE DEFENSE

Plaintift or its agents or representatives directed, ordered, approved and/or ratified the Defendant’ conduct, and Plaintiff is therefore estopped from asserting any claims based thereon.

SIXTEENTH AFFIRMATIVE DEFENSE

Defendant alleges that it has complied with all applicable regulations, codes, statutes, and other laws.

SEVENTEENTH AFFIRMATIVE DEFENSE

Defendant alleges that the subject property was not used in the manner in which it was intended to be used, and as a proximate result of such abuse and misuse, Plaintiff sustained the injuries and damages complained of, if any there were.

EIGHTEENTH AFFIRMATIVE DEFENSE

Defendant alleges Plaintiff has waived and is estopped and barred from alleging the matters set forth in the Cross-Complaint.

NINETEENTH AFFIRMATIVE DEFENSE

Defendant alleges that they owed no duty whatsoever to Plaintift,

TWENTIETH AFFIRMATIVE DEFENSE

Defendant alleges that it properly performed all duties within the appropriate standard of care.

TWENTY-FIRST AFFIRMATIVE DEFENSE

Defendant alleges that, prior to the commencement of this action, this answering Detfendant duly satisfied and discharged all duties and obligations arising out of any and all

agreements, representations or contracts made by or on behalf of this answering Defendant.