SOUTHERN CALIFORNIA 13985 STOWE DRIVE POWAY, CA 92064 TEL: (858) 513-1020 FAX: (858) 513-1002 www.lorberlaw.com May 6, 2016 Please reply to: Joyia Z. Greenfield jgreenfield@lorberlaw.com Zachariah R. Tomlin ztomlin@lorberlaw.com Mr. Jon B. Zimmerman ROBINSON & WOOD, LLP 227 N. 1 st Street San Jose, CA 95113 jbz@robinsonwood.com. VIA E-MAIL AND ELECTRONIC SERVICE Re: Cilker Apartments v Western National Construction Meet and Confer Regarding Designation of Economic Damages Expert Case No.: 1-13-CV-2582181 Our Client: Western National Construction, Inc. Our File No.: 20300.3386.00 Dear Mr. Zimmerman: Please allow this correspondence to serve as our effort to meet and confer with you regarding Western National Construction s ( WNC ) request to designate an economic damages expert witness responsive to your client s expert witnesses. Specifically, WNC seeks to designate Paul Habibi C.P.A. to testify in response to Lucy H. Chung C.P.A. and Lynn Sedway to the extent Ms. Sedway intends to address economic losses. Our proposed supplemental designation of Paul Habibi, CPA is enclosed herewith as Exhibit A for your consideration. WNC submits that no potential prejudice is visited upon your client as a result of WNC proffering a responsive expert to address your client s economic damages claims. Indeed, your client s own economic damages experts are not anticipated to be deposed until the end of May. Mr. Habibi will be prepared to sit for a meaningful deposition, and produce his expert file, within the currently contemplated expert deposition schedule, and is not anticipated to cause any delay to same. 1 To this end, WNC will make every effort to ensure that Mr. Habibi s deposition fits within the deposition schedule to be prepared with the Special Master on May 9, 2016. WNC merely seeks to fairly present expert testimony to meet that of your own economic damages expert witnesses. 1 Mr. Habibi s availability for deposition was included in Mr. Earlinger s letter of May 5, 2016. SO. CALIFORNIA NO. CALIFORNIA ARIZONA NEW MEXICO WASHINGTON NEVADA COLORADO OREGON L:\JZG\Cilker\Correspondence\Letters\Zimmerman-ZRT-M&C-050616.doc
Mr. Jon B. Zimmerman Cilker Apartments v Western National Construction May 6, 2016 Page 2 LORBER, GREENFIELD & POLITO, LLP Based upon the lack of prejudice to your client s ability to prepare for the trial in this matter, as your client has already designated two experts on the subject of economic damages, WNC requests that your client stipulate to permit this supplemental expert designation and avoid additional motion practice and potential delay related to same. Congruent with the provisions of Code of Civil Procedure 2034.620, the foregoing proposed stipulation and Mr. Habibi s ability to testify at trial would be conditioned upon your client being able to take his deposition in advance of trial. The undersigned is available to discuss this matter at your convenience. However, given the impending trial date and the May 9, 2016 deposition scheduling conference with Mr. Edwards, we request that you provide a response by 9:30 a.m. on May 9, 2016, such that any issues regarding the proposed designation may be handled efficiently at that time. Sincerely, LORBER, GREENFIELD & POLITO, LLP Zachariah R. Tomlin ZRT/tam Enclosures as noted cc: All Counsel SO. CALIFORNIA NO. CALIFORNIA ARIZONA NEW MEXICO WASHINGTON NEVADA COLORADO OREGON L:\JZG\Cilker\Correspondence\Letters\Zimmerman-ZRT-M&C-050616.doc
Exhibit A
1 2 3 4 5 LORBER, GREENFIELD & POLITO, LLP Joyia Z. Greenfield, Esq. [SBN: 112571] Sean D. Allen, Esq. [SBN: 211645] Zachariah R. Tomlin, Esq. [SBN: 263563] 13985 Stowe Drive Poway, CA 92064 TEL: (858) 513-1020 / FAX: (858) 513-1002 jgreenfield@lorberlaw.com; sallen@lorberlaw.com; ztomlin@lorberlaw.com LORBER, GREENFIELD & POLITO, LLP 13985 Stowe Drive, Poway, California 92064 Telephone (858) 513-1020 / Facsimile (858) 513-1002 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Samuel M. Danskin, Esq. [SBN: 136044] Michael Erlinger, Esq. [SBN: 216877] GREEN & HALL, APC 1851 East First Street, 10th Floor Santa Ana, CA 92705 TEL: (714) 918-7000 / FAX: (714) 918-6996 sdanskin@greenhall.com; merlinger@greenhall.com Attorneys for Defendant/Cross-Complainant WESTERN NATIONAL CONSTRUCTION CILKER APARTMENTS, LLC, v. Plaintiff, SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA WESTERN NATIONAL CONSTRUCTION, et. al., Defendants. Case No. 1-13-CV-258281 WESTERN NATIONAL CONSTRUCTION S SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES Judge: Hon. Peter Kirwan Dept: 1 ALL RELATED CROSS-ACTIONS. Filed: 12/26/13 Trial: 06/13/16 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 witnesses who may testify at trial in this matter: 28 l:\jzg\cilker\dis covery\designa tions\wnc- desigsupp- 050616.doc / / / 1 WNC SUPPLEMENTAL DESIGNATION OF EXPERTS
LORBER, GREENFIELD & POLITO, LLP 13985 Stowe Drive, Poway, California 92064 Telephone (858) 513-1020 / Facsimile (858) 513-1002 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 1. Paul Habibi, CPA Grayslake Advisors, LLC 149 South Barrington Avenue, Suite 705 Los Angeles, CA 90049 (310) 562-7700 Western reserves the right to call as a witness any expert designated by any other party to this action. Discovery in this matter is ongoing, and Western reserves the right to amend and supplement this designation if it is determined that additional expert testimony is required, and further specifically 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 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 2034.210, 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. Dated: May 6, 2016 LORBER, GREENFIELD & POLITO, LLP By: Joyia Z. Greenfield, Esq. Sean D. Allen, Esq. Zachariah R. Tomlin, Esq. Attorneys for Defendant/Cross-Complainant WESTERN NATIONAL CONSTRUCTION Dated: May 6, 2016 GREEN & HALL, APC By: /s/ Michael Erlinger Samuel M. Danskin, Esq. Michael Erlinger, Esq. Attorneys for Defendant/Cross-Complainant WESTERN NATIONAL CONSTRUCTION 28 l:\jzg\cilker\dis covery\designa tions\wnc- desigsupp- 050616.doc 2 WNC SUPPLEMENTAL DESIGNATION OF EXPERTS
LORBER, GREENFIELD & POLITO, LLP 13985 Stowe Drive, Poway, California 92064 Telephone (858) 513-1020 / Facsimile (858) 513-1002 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 DECLARATION OF ZACHARIAH R. TOMLIN 1. I am an attorney at law duly licensed to practice before all of the courts in the State of California. I am an associate at the law firm of Lorber, Greenfield & Polito, LLP, 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. 2. As to Paul Habibi, I am informed and believe the following is true: A. Mr. Habibi is a Certified Public Accountant and a licensed real estate agent. Mr. Habibi is the principal and founder of Grayslake Advisors, LLC. Mr. Habibi holds a Bachelor of Arts degree in Business Economics and Accounting from the University of California at Santa Barbara, and a Master s in Business Administration from the University of Michigan. A copy of Mr. Habibi s CV and fee schedule are attached hereto as Exhibit A. B. Mr. Habibi is expected to provide testimony regarding Plaintiff s alleged economic losses and related damage as the owner of a multi-family residential apartment complex. This testimony will include analysis of the procedures, protocols, customs, and methods for determining economic damages as alleged by Plaintiff, including, but not limited to, alleged financial losses, out of pocket expenses, lost income, alleged lost economic advantage and benefits, vacancy losses, concessions, tenant relocation costs and related interruption of tenant occupancy of the property, the impact of past repairs and future contemplated repairs on the same. Mr. Habibi s testimony will also address an economic value assessment, quantitative analysis and market assessment of Plaintiff s alleged loss of use, rental concessions and other damages alleged, including property management issues, maintenance costs, depreciation, economic and fiscal impact analysis, lease up schedules, and all other related topics of the nature and character germane to Mr. Habibi s area of expertise. Mr. Habibi will be asked to review the testimony and/or reports and files of parties, witnesses, testimony, 28 l:\jzg\cilker\dis covery\designa tions\wnc- desigsupp- 050616.doc and/or reports of experts retained by Claimant and other parties in this case, and 3 WNC SUPPLEMENTAL DESIGNATION OF EXPERTS
LORBER, GREENFIELD & POLITO, LLP 13985 Stowe Drive, Poway, California 92064 Telephone (858) 513-1020 / Facsimile (858) 513-1002 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 may be asked to express additional opinions regarding this action concerning any testimony that is given by other witnesses. C. Mr. Habibi has agreed and will be prepared to testify at the trial in this matter. D. Mr. Habibi will further be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning his expected testimony in advance of the trial of this matter. Any and all reports and expert witness file materials will be made available in advance of Mr. Habibi s deposition in accordance with the Special Master s orders. E. Mr. Habibi s fee for providing expert witness testimony is $650 per hour. I declare under penalty of perjury, pursuant to the laws of the State of California, that the foregoing is true and correct of my own personal knowledge, except as to those matters stated as based on information and belief, and as to those matters, I am informed and believe they are true and correct. This declaration was executed on May 6, 2016, in Poway, California. Zachariah R. Tomlin 28 l:\jzg\cilker\dis covery\designa tions\wnc- desigsupp- 050616.doc 4 WNC SUPPLEMENTAL DESIGNATION OF EXPERTS