SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA

Transcription

1 1 6 7 GREEN & HALL, A Professional Corporation SAMUEL M. DANSKIN, State Bar No. 160 sdanskin@greenhall.com MICHAEL A. ERLINGER, State Bar No merlinger@greenhall.com 181 East First Street, 10 th Floor Santa Ana, California Telephone: (71) Facsimile: (71) Attorneys for WESTERN NATIONAL CONSTRUCTION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CILKER APARTMENTS, LLC, vs. Plaintiff, WESTERN NATIONAL CONSTRUCTION, et al., Defendants. AND RELATED CROSS-ACTIONS CASE NO. 11CV881 WESTERN NATIONAL CONSTRUCTION'S SECOND SUPPLEMENTAL DESIGNATION OF EXPERT WITNESS JUDGE: Hon. Peter H. Kirwan DEPT.: 1 ACTION FILED: December 6, 01 TRIAL DATE: June 1, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT, Defendant and Cross-Complainant Western National Construction ( Western ) designates the following, additional retained expert witness who may testify at trial of in this matter: 1. Steven W. McCormick, McCormick Consulting Group, 07 Empire Ave., Burbank, CA 910, (818) this action. Western reserves the right to call as a witness any expert designated by any other party to Discovery in this matter is ongoing, and Western reserves the right to amend and P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Expert Des Supp[WNC].docx

2 supplement this designation if it is determined that additional expert testimony is required, and further reserves the right to call additional, supplemental and rebuttal experts in accordance with the California Code of Civil Procedure. Western also reserves the right to submit the names of additional expert witnesses upon receipt of the exchanges of other parties. Western also reserves the right to call at trial any expert witness regardless of whether the expert witness has been previously designated by any other party, to impeach the testimony of any expert witness offered by any other party at trial in accordance with Code of Civil Procedure section 0.10, et seq. If any of the witnesses discussed and/or identified herein are not available at the time of trial, Western advises all parties that it will seek introduction of competent former testimony including depositions of such witnesses, in lieu of their live testimony. Western also reserves the right to substitute experts if the schedule of trial or other circumstances preclude their testimony at trial. The above listed expert witnesses has agreed to testify at trial and will be sufficiently familiar with the pending action to submit to a meaningful deposition DATED: February, 016 GREEN & HALL, A Professional Corporation By: Samuel M. Danskin Attorneys for WESTERN NATIONAL CONSTRUCTION 8 P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Expert Des Supp[WNC].docx

3 DECLARATION OF SAMUEL M. DANSKIN I, Samuel M. Danskin, 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 a shareholder of the law firm of Green & Hall, APC, counsel of record for Western National Construction 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.. As to Steven W. McCormick, I am informed and believe the following: a. Mr. McCormick is a licensed general contractor and President of McCormick Consulting Group, 07 Empire Ave., Burbank, CA 910, (818) A copy of Mr. McCormick's curriculum vitae is attached hereto as Exhibit A. Mr. McCormick has agreed to testify at trial. b. Mr. McCormick will testify regarding all issues of standards of care, liability, causation, damages, allocation of responsibility, costs, and repairs for the alleged defects and damages at issue in this proceeding, with a focus on cost of repair issues as well as the custom and practice of contractors, owners, and construction managers with respect to the development, construction, and repair of the One Pearl Project. c. Mr. McCormick will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the testimony described above, including his expert opinions and the basis therefore, upon notice given in compliance with the Code of Civil Procedure and Case Management Order in this action. P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Expert Des Supp[WNC].docx

4 1 d. Mr. McCormick's fee for providing deposition testimony is $00.00 per hour. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this th day of February, 016, at Santa Ana, California Samuel M. Danskin P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Expert Des Supp[WNC].docx

5 EXHIBIT A

6 STEVEN W. McCORMICK McCormick Construction Company McCormick Consulting Group Current Employment McCormick Consulting Group 1999-Present - President Responsible for directing the CPM scheduling, expert cost estimating, delay and claims analysis, destructive testing and development consulting operations. Responsible for directing and overseeing all facets of the daily operations of the company s repair projects; including scheduling, quality control, contract administration, legal, accounting, data processing and job cost control. McCormick Construction Company 1990-Present - Vice President Responsible for directing and overseeing all facets of the daily operations of the company including scheduling, quality control, contract administration, legal, accounting, data processing and job cost control. Serve as liaison to banks, bonding and insurance companies for the firm and the firm s clients. Actively involved in all aspects of the estimating, marketing, safety, and jobsite operations of the company on a continuous basis. Responsible for coordinating and reviewing jobsite safety inspections and correction reports; jobsite compliance to OSHA regulations, and adherence to company safety practices and procedures. Prior Professional Experience McCormick Construction Company Vice President Administration Controller Performed owner and subcontract contract review and administration, converted the company s accounting and job costing operations from a manual to a computer system. Implemented a computerized cash management system and researched, planned and executed the investment strategy for the company. Consulted on legal matters for the company, its clients, and subcontractors. Drafted, designed, and implemented a new SOP manual, employee manual, and management financial reports. Maximized company s bonding and bank lines of credit through more accurate and timely reporting Project Manager Performed purchasing, scheduling job cost forecasting of various jobs. Also responsible for subcontractor coordination, interfacing with project owner, and field operations for these buildings. Directly supervised jobsite superintendents regarding techniques, methods, and safety practices Senior Estimator Performed quantify surveying and prepared estimates for negotiated and competitive bid projects. Developed project budgets from conceptual drawings and outline specifications. Performed cost comparisons and value engineering throughout the design development process. Licenses California State Contractor s License CA License Classes: A; B; C8; C9; C; C9 Nevada State Contractor s License - B Arizona State Contractor s License A; B New Mexico Contractor s License GB- Washington State Contractor s License Oregon State Contractor s License Other Professional Licenses Licensed Real Estate Broker, State of California Education Bachelor of Arts/Economics and Business Finance University of California, Irvine Other Related Activities Teacher of Managing A Construction Business course at California State Polytechnic University Pomona Institute for Conflict Management 1 hours of training in Mediation, Arbitration, and Dispute Review Boards Los Angeles Superior Court cases as a Mediator. Contractors State License Board 0 cases as an Arbitrator. 1 McCormick Consulting Group

7 STEVEN W. McCORMICK Continued Representative Projects Manhattan Country Club - Manhattan Beach, CA Senior Estimator for a complete tennis, racquetball, and full-service club facility and a -story, 7,000 sf office complex. Project included construction of a new public road from Rosecrans Blvd. to facility. Starkist Foods Plant - Terminal Island, CA Senior estimator for 86,000 sf food processing. Kruse Metal Manufacturing - Los Angeles, CA Estimator and project manager for new 6,000 sf steel fabrication plant and remodel of existing plant across the street. Included street widening for access to facility by semi-trucks. Madison Office Building - Pasadena, CA Project manager for -story, 6,000 sf office building. Included all site improvements and utility relocation. Project Executive for earthquake reconstruction to the following projects: Warner Village - Woodland Hills, CA 91-unit, -story, 70 bldgs., Townhouses Coventry Court - Simi Valley, CA 8-unit, -story, 17 bldgs., Townhouses LeParc - Simi Valley, CA 6-unit, -story, Condominiums Sherman Village - Sherman Oaks, CA 118-unit, -story, Condominiums Kingsbury Court - Granada Hills, CA 6-unit, -story, Condominiums L Mirage - Studio City, CA 7-unit, -story, Condominiums Strawberry Villas - Tarzana, Ca 16-unit, -story, Condominiums Responsible for securing project award, drafted and negotiated owner contract, and settlement of insurance claim on behalf of the Association. Supervised project manager, superintendent, and preparation of estimates. Monitored construction techniques and procedures for quality control and safety compliance. Single-Family Reconstruction Projects Kenney Residence West Lake, CA The Heights Laguna Niguel, CA Flinkman Residence Pacific Palisades, CA Adar, et al Anaheim Hills, CA French Residence Long Beach, CA Moy Residence Yorba Linda, CA Verhuizen Residence Agoura Hills, CA Bicket Residence Yorba Linda, CA Coykendall Residence Riverside, CA Troxel Residence Las Vegas, NV Case Residence Oceanside, CA Silverthorne Simi Valley, CA Waters Edge Las Vegas, NV Montego Oak Park, CA Red Rock Las Vegas, NV Stonegate West Hills, CA Northgate Moorpark, CA Country Crest Reno, NV Bouganvillea Del Mar, CA Chambord Camarillo, CA Fair Oaks, Woodglen, Lantana Santa Clarita, CA Buie Riggio Laguna Niguel, CA Mandalay Moreno Valley, CA Highberger Residence Pacific Palisades Leen Residence Las Vegas, NV Coto de Caza Orange County, CA Multi-Family Reconstruction Projects Courtyards of West Hollywood CA Arrowhead Glendale, AZ Villamoura San Diego, CA Corp. Santa Monica, CA 118 Wilmington Long Beach, CA Rockpointe Chatsworth, CA Casa de Colinas Tucson, AZ Sherman Oaks Apts Sherman Oaks, CA Coventry Court Simi Valley, CA Casa Heiwa Los Angeles, CA Kress Building Lofts Long Beach, CA Encore Apts Scottsdale, AZ McCormick Consulting Group

8 STEVEN W. McCORMICK Continued Commercial Reconstruction Projects Union Bank Plaza Los Angeles, CA Perry & Perry Offices San Diego, CA KGA Offices Laguna Beach, CA Ficcadenti & Waggoner Offices Las Vegas, NV McKinley School San Dimas, CA Las Vegas Club Las Vegas, NV Bonneville Office Building Las Vegas, NV Carroll Canyon San Diego, CA Mold Remediation Projects Villa Aspara San Marcos, CA La Posada Las Vegas, NV Villages Las Vegas, NV Over 00 residences Montego Oak Park, CA Over 100 residences Various Developments Over 00 residences Trial/Arbitration Experience Coutin Family Trust Burbank, CA Alexander v. JM Peters San Diego, CA Niguel Summit v. Zanders Santa Ana, CA Ajigbotafe v. Brighton Santa Ana, CA McKay v. Bridgeport CSLB Hearing th & K, LLC v. CCDC San Diego, CA Theberge v. City of Coronado San Diego, CA Towbin v. Marlin Las Vegas, NV Nevada Building v. Vohra Arbitration-Las Vegas, NV Kingsbury v. Homestead Santa Monica, CA Clyne v. JM Peters Santa Ana, CA Montana Villas - Santa Monica, CA Tresize v. Wiley San Diego, CA Marshall v. Baldwin San Diego, CA Chartered Construction v. County of Los Angeles Alhambra, CA Pacific Legends Green Valley v. Pacific Properties Las Vegas, NV Side Effects v. Turpin Levin Construction - AAA Arbitration ORRC v. R.V. Jones (9 cases) Las Vegas, NV Eagle Trace Phase III Las Vegas, NV Trial/Arbitration Experience continued Palmia v. Shea Santa Ana, CA B. Anderson v. Plaster Development Las Vegas, NV Spanish Ridge v. Builders Sash & Door Las Vegas, NV Lewis v. Triangle Los Angeles, CA Falling Water Corp. v. First Premier Las Vegas, NV Lewis v. Triangle Sherman Oaks, CA SJP v City of Los Angeles Los Angeles, CA Larson v. Las Posas Hills Ventura, CA Howell v. Hub Riverside, CA Major v. Ryland Homes Stockton, CA Alberstone v. First American Title JAMS Arbitration Pierce v Urbinati Santa Monica, CA Canyon Villas Apt. Corp v Cedar Roofing Las Vegas, NV Ginsberg v Gamson Los Angeles, CA Estrella Park v D.R. Horton Tolleson, AZ Arbitration Ferro v Del Webb Phoenix, AZ Raynol Properties v Indy Mac Bank Federal Court, Los Angeles, CA Sun City Grand v. Del Webb/Pulte Phoenix, AZ Van Zee v Homesite San Diego, CA Brooks Street v Laguna Sapphire Los Angeles, CA Meccon Industries v JAM Fire Protection Victorville, CA Asphalt Professionals v SJ Louis Construction Los Angeles, CA Bardack v Tomjanovich Los Angeles, CA Levinson v Del Webb Phoenix, AZ Lucera HOA v Pacifica Lucera San Diego, CA New Pacific Carlyle v White Residential - Santa Ana, CA Zelkind v Del Webb Phoenix, AZ New Pacific Carlyle, LLC v White Residential, Inc. Irvine, CA Mulitz v Building Dreams Construction Los Angeles, CA Acqua Vista HOA v K Hovnanian San Diego, CA Wood Ranch Center v Ralphs Grocery Company- Los Angeles, CA - Arbitration Amarillis-DeGilliland v Curtsey General Los Angeles Arbitration XL specialty Insurance v Kaping Construction-Los Angeles, CA McCormick Consulting Group

9 STEVEN W. McCORMICK Continued Trial/Arbitration Experience continued Gallagher v Deutsch Bank Santa Monica, CA West Ocean Association v Viewcor - Long Beach, CA Delacey At Green Homeowners Association v. Green Street Venture, LLC- Pasadena, CA Irvine Communities LP v Western National Construction [Villa Siena] Irvine, CA - Arbitration McCormick Consulting Group

10 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 181 East First Street, 10th Floor, Santa Ana, CA On February, 016 I served the within document(s) described as: 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 February, 016, at Santa Ana, California Sheila Ellis P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Expert Des Supp[WNC].docx