1 SAMUEL J. MUIR (SBN 89883) STEPHEN B. LITCHFIELD (SBN 284951) 2 COLLINS COLLINS MUIR + STEWART LLP 3 1999 Harrison Street, Suite 1700 Oakland, CA 94612 4 (510) 844-5100 – FAX (510) 844-5101 5 Attorneys for Defendant McLARAND, VASQUEZ & PARTNERS, INC. (erroneously sued herein as MCLARLAND, VARQUEZ & PARTNERS, INC.) 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA —DOWNTOWN DISTRICT 10 CILKER APARTMENTS, LLC, ) CASE NO. 1-13-CV-258281 Complex ) [Assigned to Hon. Peter H. Kirwan; Dept. 1] 11 Plaintiffs, ) ) McLARAND, VASQUEZ & PARTNERS, 12 vs. ) INC.’S SUPPLEMENTAL EXPERT WITNESS 13 ) DESIGNATION WESTERN NATIONAL CONSTRUCTION, ) 14 MCLARLAND, VARQUEZ & PARTNERS, ) INC., GROUP M ENGINEERS, GENTRY ) 15 ASSOCIATES CONSTRUCTION ) CONSULTANTS, LARCO INDUSTRIES, ) 16 FITCH PLASTERING, COURTNEY ) 17 WATERPROOFING, CELL CRETE, LOS ) NIETOS CONSTRUCTION, MADERA ) 18 FRAMING, KELLY DOOR, TARA ) COATNGS, LDI, ADM PAINTING, ) 19 ALLIANCE BUILDING PRODUCT, JOS. J. ) ALBANESE, ANDERSON TRUSS, ) Complaint Filed: 12/26/13 20 CALIFORNIA CLASSIC PAVERS, CASEY-) FAC Filed: 03/20/14 21 FOGIL CONCRETE CONTRACTORS, ) Trial Date: 02/01/16 CENTRAL COAST STAIRS, ) 22 COMMERCIAL ROOF MANAGEMENT, ) DAVEY ROOFING, INC., DEMETRIS ) 23 PAINTING II, INC., DOORWAY MFG., ) LANDSCAPE PROS, MULTI-BUILDING ) 24 STRUCTURES, PARK WEST, PYRAMID ) 25 BUILDERS, ROBECKS WELDING & ) FABRICATION, RYLOCK COMPANY, ) 26 SUMMIT WINDOW & PATIO DOOR, ) VANGUARD and DOES 1-100, inclusive, ) 27 ) Defendants. ) 28 _____________________________________) Collins Collins 19010 – EXPERT DESIGNATION OF MVP (SUPP) (12-04-15) Muir + Stewart LLP 1999 Harrison Street Suite 1700 1 Oakland, CA 94612 Phone (510) 844-5100 SUPPLEMENTAL EXPERT DESIGNATION OF McLARAND, VASQUEZ & PARTNERS Fax (510) 844-5101 1 WESTERN NATIONAL CONSTRUCTION, ) ) 2 Cross-Complainant, ) 3 ) vs. ) 4 ) ROES 1 – 500, inclusive, ) 5 ) Cross-Defendants. ) 6 ) 7 8 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 9 PLEASE TAKE NOTICE that, in accordance with Case Management Order in this action, 10 Defendant McLARAND VASQUEZ & PARTNERS, INC. (“MVP”) hereby designates the 11 following additional retained expert witnesses who may testify at the trial of this matter: 12 1. Karim P. Allana, PE, RRC, RWC; Allana Buick & Bers, 990 Commercial Street, 13 Palo Alto, California 94303 14 2. Christiana Drake, Ph.D.; UC Davis, One Shields Avenue, 15 4240 Mathematical Sciences Building, Davis, California 95616 16 MVP reserves the right to retain and call any and all other expert witnesses designated by 17 any other party to this action, which need may arise after the deposition testimony of various 18 experts involved herein have been obtained, should the same become necessary. 19 Discovery in this matter is on-going and MVP reserves the right to amend and supplement 20 this designation if it is determined that additional expert testimony is required, and further 21 specifically reserves the right to call additional, supplemental, and rebuttal experts in accordance 22 with the California Code of Civil Procedure. 23 MVP also reserves the right to submit the names of additional expert witnesses upon receipt 24 of the exchanges of other parties. 25 MVP also reserves the right to call at trial any expert witness regardless of whether the 26 expert witness has been previously designated by any other party, to impeach the testimony of any 27 28 Collins Collins 19010 – EXPERT DESIGNATION OF MVP (SUPP) (12-04-15) Muir + Stewart LLP 1999 Harrison Street Suite 1700 2 Oakland, CA 94612 Phone (510) 844-5100 SUPPLEMENTAL EXPERT DESIGNATION OF McLARAND, VASQUEZ & PARTNERS Fax (510) 844-5101 1 expert witness offered by any other party at trial in accordance with Code of Civil Procedure 2 section 2034.210, et seq. 3 If any of the witnesses discussed and/or identified herein are not available at the time of 4 trial, MVP advises all parties that it will seek introduction of competent former testimony, 5 including depositions of such witnesses, in lieu of their live testimony. MVP also reserves the right 6 to substitute experts if the schedule of trial or other circumstances preclude their testimony at trial. 7 The above listed expert witnesses have agreed to testify at trial and will be sufficiently 8 familiar with the pending action to submit to a meaningful deposition. 9 10 DATED: November 25, 2015 COLLINS COLLINS MUIR + STEWART LLP 11 12 By: ________________________________ 13 SAMUEL J. MUIR 14 Attorneys for McLARAND VASQUEZ & PARTNERS, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Collins Collins 19010 – EXPERT DESIGNATION OF MVP (SUPP) (12-04-15) Muir + Stewart LLP 1999 Harrison Street Suite 1700 3 Oakland, CA 94612 Phone (510) 844-5100 SUPPLEMENTAL EXPERT DESIGNATION OF McLARAND, VASQUEZ & PARTNERS Fax (510) 844-5101 1 DECLARATION OF STEPHEN B. LITCHFIELD 2 I, STEPHEN B. LITCHFIELD, declare as follows: 3 1. I am an attorney duly licensed to practice before the Courts in the State of 4 California. I am an Associate in the Law Firm of Collins Collins Muir + Stewart LLP, attorneys of 5 record for McLARAND VASQUEZ & PARTNERS, INC. (“MVP”); 6 2. As to Karim P. Allana, PE, RRC, RWC, I am informed and believe the following: 7 a. Mr. Allana is a principal with Allana Buick & Bers, 990 Commercial Street, 8 Palo Alto, California 94303. A copy of Mr. Allana’s curriculum vitae is attached hereto as Exhibit 9 “A.” Mr. Allana has agreed to testify at trial. 10 b. Mr. Allana is a licensed Professional Engineer in the State of California. Mr. 11 Allana is a registered Roof Consultant and a registered Waterproofing Consultant. Mr. Allana’s 12 experience in the design and construction industry spans more than 30 years and includes 13 experience specializing in forensic analysis, roofing and waterproofing of structures, construction 14 management, and development of construction drawings for new construction and remedial 15 projects. 16 c. Mr. Allana will testify as to the architect’s role on the project, standard of 17 care, contracts, scope of work, contract documents (including plans and specifications), documents 18 prepared by MVP, constructability of design drawings, causation of damages, materials, applicable 19 codes, standards and construction issues, damages, delays, and the cost of repair. He will also 20 respond to the contentions and opinions of any and all other relevant witnesses called by other 21 Defendants/Cross-Defendants and/or Plaintiff. Mr. Allana has agreed to testify and will be 22 sufficiently familiar with the pending action to submit to a meaningful oral deposition. 23 d. Mr. Allana's fee for deposition testimony is $525 per hour for any part 24 thereof. 25 Mr. Allana will be sufficiently familiar with the pending action to submit to a 26 meaningful oral deposition concerning the testimony described above, including his expert opinions 27 and the basis therefore, upon notice given in compliance with the Code of Civil Procedure and Case 28 Management Order in this action. Collins Collins 19010 – EXPERT DESIGNATION OF MVP (SUPP) (12-04-15) Muir + Stewart LLP 1999 Harrison Street Suite 1700 4 Oakland, CA 94612 Phone (510) 844-5100 SUPPLEMENTAL EXPERT DESIGNATION OF McLARAND, VASQUEZ & PARTNERS Fax (510) 844-5101 1 3. As to Christiana Drake, Ph.D., I am informed and believe the following: 2 a. Dr. Drake is a professor at UC Davis in Davis California. A copy of Dr. 3 Drake’s curriculum vitae is attached hereto as Exhibit “B.” Dr. Drake has agreed to testify at trial. 4 b. Dr. Drake will testify on all issues of standard of care, liability, causation, 5 damages, allocation, repairs for the alleged defects and damages to the property at issue, with a 6 focus on statistical assessment and extrapolation. 7 c. Dr. Drake will be sufficiently familiar with the pending action to submit to a 8 meaningful oral deposition concerning the testimony described above, including her expert 9 opinions and the basis therefore, upon notice given in compliance with the Code of Civil Procedure 10 and Case Management Order in this action. 11 Dr. Drake’s fee for providing deposition testimony is $550 per hour. 12 4. MVP reserves the right to take the deposition of, and call at trial, any expert 13 disclosed by the parties to this lawsuit, and further reserves the right to call any additional witnesses 14 not named in this Supplemental Disclosure in response to experts disclosed by any party to this 15 action for the purposes of rebutting said experts. 16 5. MVP further reserves the right to call its client experts pursuant to the provisions of 17 CACI § 600. 18 I declare under penalty of perjury that the foregoing is true and correct, and that this 19 declaration was executed this 30th day of October 2015 at Oakland, California. 20 Executed on this 25th day of November 2015, at Oakland, California. 21 22 23 Declarant 24 25 26 27 28 Collins Collins 19010 – EXPERT DESIGNATION OF MVP (SUPP) (12-04-15) Muir + Stewart LLP 1999 Harrison Street Suite 1700 5 Oakland, CA 94612 Phone (510) 844-5100 SUPPLEMENTAL EXPERT DESIGNATION OF McLARAND, VASQUEZ & PARTNERS Fax (510) 844-5101 EXHIBIT “A” Karim Allana,PE, RRC, RWC President / Senior Principal Mr. Allana has been in the construction field for over 35 years, Allana Buick & Bers has about 95 employees and covers the specializing in forensic analysis of construction and sustain- engineering disciplines of civil, mechanical and architectural able design of building envelope systems, roofing and water- fields. Clients include multi-family residential, federal and lo- proofing construction, and construction management. For the cal government, commercial, industrial, schools, colleges and past 27 years, Mr. Allana has been the president and chief tech- universities, insurance companies and healthcare facilities . Al- nical expert/engineer of Allana Buick & Bers (formerly Allana- lana Buick & Bers projects have included forensic assistance Lippert) an architectural and engineering firm that specializes with expert witness type work; review of standard of care and in sustainable design of new construction as well as repair of industry standards; major building envelope renovation; due old buildings.