E-FILED · 2016-07-11 · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF MICHAEL A. ERLINGER IN SUPPORT OF WESTERN'S OPPOSITION TO …

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DECLARATION OF MICHAEL A. ERLINGER IN SUPPORT OF WESTERN'S OPPOSITION TO MADERA

FRAMING'S MOTION FOR SUMMARY JUDGMENT P:\DOCS\Western Nat.Cilker\Pleadings\MSJ\Madera Framing.WNC\Western's Opposition\Decl.Erlinger (MSJ1).docx

GREEN & HALL, A Professional Corporation MICHAEL J. PEPEK, State Bar No. 178238 [email protected] SAMUEL M. DANSKIN, State Bar No. 136044 [email protected] MICHAEL A. ERLINGER, State Bar No. 216877 [email protected] 1851 East First Street, 10

th Floor

Santa Ana, California 92705-4052 Telephone: (714) 918-7000 Facsimile: (714) 918-6996 Attorneys for WESTERN NATIONAL CONSTRUCTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

CILKER APARTMENTS, LLC,

Plaintiff,

vs. WESTERN NATIONAL CONSTRUCTION, et al.,

Defendants.

CASE NO. 113CV258281 DECLARATION OF MICHAEL A. ERLINGER IN SUPPORT OF WESTERN NATIONAL CONSTRUCTION'S OPPOSITION TO MADERA FRAMING'S MOTION FOR SUMMARY JUDGMENT Filed Concurrently with Opposition to Motion for Summary Judgment; Response to Separate Statement of Undisputed Material Facts; and [Proposed] Order DATE: May 6, 2016 TIME: 9:00 a.m. DEPT.: 1 JUDGE: Hon. Peter H. Kirwan DEPT.: 1 ACTION FILED: December 26, 2013 TRIAL DATE: June 13, 2016

AND RELATED CROSS-ACTIONS

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E-FILEDApr 22, 2016 3:39 PM

David H. YamasakiChief Executive Officer/Clerk

Superior Court of CA, County of Santa ClaraCase #1-13-CV-258281 Filing #G-83034

By R. Walker, Deputy

mailto:[email protected]



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2 DECLARATION OF MICHAEL A. ERLINGER IN SUPPORT OF WESTERN'S OPPOSITION TO MADERA


DECLARATION OF MICHAEL A. ERLINGER

I, Michael A. Erlinger, declare as follows:

1. I am an attorney at law duly licensed to practice before all of the courts in the State

of California. I am Of Counsel with the law firm of Green & Hall, A Professional Corporation,

counsel of record for Defendant and Cross-Complainant WESTERN NATIONAL

CONSTRUCTION ("Western") in this action. I have personal knowledge of the facts set forth in

this Declaration and, if called as a witness, could and would testify competently to such facts

under oath.

2. I am submitting this declaration in support of Western's Opposition to Madera

Framing, Inc.'s ("Madera Framing") Motion for Summary Judgment.

3. Green & Hall represented Western in Case No. CV10004 in the Superior Court of

Santa Clara in which Defendant and Cross-Defendant Madera Framing sued Western in

connection with a mechanic's lien regarding the One Pearl Place Apartments. Western did not file

a Cross-Complaint against Madera Framing or Rounds & Buroker, Inc. dba Madera Construction

("Madera Construction") based upon our review of our firm's file and the docket in that matter.

4. The deposition of Jerry Merry, "person most knowledgeable" for Defendants and

Cross-Defendants Madera Framing and Madera Construction went forward on October 26, 2015.

Attached hereto as Exhibit "A" is a true and correct copy of the relevant portions of Volume I of

Mr. Merry's deposition transcript.

5. Attached hereto as Exhibit "B" is a true and correct copy of Exhibit 339 to Mr.

Merry's deposition.

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

foregoing is true and correct.

Executed on this 22 day of April, 2016, at Santa Ana, California.

Michael A. Erlinger

E-FILED: Apr 22, 2016 3:39 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-83034

EXHIBIT “A”









EXHIBIT “B”





















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4 DECLARATION OF MICHAEL A. ERLINGER IN SUPPORT OF WESTERN'S OPPOSITION TO MADERA


PROOF OF SERVICE

I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 1851 East First Street, 10th Floor, Santa Ana, CA 92705-4052.

On April 22, 2016 I served the within document(s) described as:

DECLARATION OF MICHAEL A. ERLINGER IN SUPPORT OF WESTERN NATIONAL CONSTRUCTION'S OPPOSITION TO MADERA FRAMING'S MOTION FOR SUMMARY JUDGMENT

BY E-SERVICE: I electronically served the document(s) via Santa Clara County Superior Court's Electronic Filing System on the recipients designated on the transaction receipt located on the Santa Clara County Superior Court's Electronic Filing System website. [See Transaction Receipt on SCE Filing Website]

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

Executed on April 22, 2016, at Santa Ana, California.

Sheila Ellis


Documents

E-FILED · 2016-07-11 · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF MICHAEL A. ERLINGER IN SUPPORT OF WESTERN'S OPPOSITION TO …