UNLIMITED CIVIL JURISDICTION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 113CV258281

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Aleesha Dalton
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1 1 4 5 Lori R. Mayfield, Esq. (SBN LAW OFFICE OF LORI R. MAYFIELD th Street, Suite 110 Oakland, CA 9461 Tel: ( Fax: ( Attorney for Defendant, EASTERN LANDSCAPE COMPANY, INC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA CILKER APARTMENTS, LLC, v. Plaintiffs, WESTERN NATIONAL CONSTRUCTION, MCLARLAND,VARQUEZ & PARTNERS, GENTRY ASSOCIATES CONSTRUCTION CONSULTANTS, LARCO INDUSTRIES, FITCH PLASTERING, COURTNEY WATERPROOFING, CELL CRETE, LOS NIETOS CONSTRUCTION, MADERA FRAMING, KELLY DOOR, TARA COATINGS, LDI, ADM PAINTING, ALLIANCE BUILDING PRODUCT, JOS. J. ALBANESE, ANDERSON TRUSS, CALIFORNIA CLASSIC PAVERS, CASEY- FOGIL CONCRETE CONTRACTORS, CENTRAL COAST STAIRS, COMMERCIAL ROOF MANAGEMENT, DAVEY ROOFING, INC., DEMETRIS PAINTING II, INC., DOORWAY MFG., LANDSCAPE PROS, MULTI-BUILDING STRUCTURES, PARK WEST, PYRAMID BUILDERS, ROBECKS WELDING & FABRICATION, RYLOCK COMPANY, SUMMIT WINDOW & PATIO DOOR, VANGUARD and DOES 1-100, inclusive, Defendants. UNLIMITED CIVIL JURISDICTION Case No.: 11CV5881 EXPERT DESIGNATION OF EASTERN LANDSCAPE COMPANY, INC. 1 EXPERT DESIGNATION OF EASTERN LANDSCAPE COMPANY, INC.

2 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Pursuant to Code of Civil Procedure Section 04.60, Defendant, EASTERN LANDSCAPE COMPANY hereby expects and intends to offer in evidence at the trial of this matter the testimony of the following experts: RETAINED: (1 DAVID HERYET GOVAN & ASSOCIATES 0 Cameron Park Drive, Ste. 950 Cameron Park, CA Defendant reserves the right to call the following: (1 Any and all of Plaintiff's retained or non-retained experts regarding the defects claimed or repairs contended to be necessary; ( Any and all expert witnesses disclosed by the other parties and any and all persons whose depositions have been taken within the action; ( Said Defendant reserves the right, pursuant to Sections et seq. of the Code of Civil Procedure, as well as any other constitutional, statuary and/or common law rights they may have, to later name other experts before trial, or call to testify at trial, experts not named whose testimony is needed to aid in the defense of the action and/or refute or rebut the contentions and testimony of Plaintiff's experts DATED: August, 015 LAW OFFICE OF LORI R. MAYFIELD LORI R. MAYFIELD Attorney for Defendant, EASTERN LANDSCAPE COMPANY 8 EXPERT DESIGNATION OF EASTERN LANDSCAPE COMPANY, INC.

3 I, LORI R. MAYFIELD, hereby declare as follows: 1. I am counsel of record in this action for, Defendant EASTERN LANDSCAPE COMPANY. I make this expert witness declaration as required by California Code of Civil Procedure Section I am informed and believe that the following is true with respect to the above person who has been retained by me: (a Qualifications: See David Heryet s curriculum vitae, attached hereto as Exhibit "A". (b The general substance of the testimony this expert is expected to give: Mr. Heryet may be called on to testify with respect to his analysis and investigation specific to the construction issues that have been placed in issue as to the subject apartment building involved in this litigation in particular in regards to the alleged defects to the building as a result of landscaping work done on the project. Mr. Heryet may be called on to address the issues pertaining to proposed remedial measures and scope(s of repair; standard of care related to the landscaping work done on and plant and irrigation installation work done on the subject property; applicable code requirements; allocations between parties; and proposed cost estimates. Mr. Heryet may be called on to testify in rebuttal to the claims and testimony of other consultants, particularly those called by Plaintiffs or Cross-Complainants. Mr. Heryet s testimony in this respect is dependent on the testimony of such other consultants. (c Mr. Heryet s hourly fee for providing deposition testimony is $ per hour. Mr.Heryet s trial testimony fee is $ per hour. d Mr. Heryet is available for deposition upon reasonable notice DATED: August, 015 LAW OFFICE OF LORI R. MAYFIELD Lori R. Mayfield Attorney for Defendant EASTERN LANDSCAPE COMPANY 8 EXPERT DESIGNATION OF EASTERN LANDSCAPE COMPANY, INC.

4 EXHIBIT A

5 Bay Area: 90 Camino Diablo, Suite 10 Walnut Creek, California ( ( fax Reply to: 0 Cameron Park Drive, Suite 950 Cameron Park, California 9568 ( fax ( DAVID T. HERYET EXPERIENCE SUMMARY: Dave Heryet is a construction consultant and general contractor with more than thirty years of experience in the construction industry. Beginning in the San Diego, Idaho and Lake Tahoe areas, he gained experience as a laborer, carpenter, foreman, superintendent and project manager on restaurants, commercial spaces and custom homes. He worked on various construction projects in the Bay Area in the mid-eighties, and obtained his California General Contractor s License in As a consultant, he worked on a range of claims related to the Loma Prieta Earthquake, the Oakland Hills Firestorm and various other disaster projects including hurricanes and tornadoes. Mr. Heryet moved to the Sacramento area in 199, where, as regional manager and shareholder, he opened a new office of a nationwide consulting and engineering firm. In 001 he opened the new Sacramento area office for Govan Associates, Inc. He has acted as a consultant and/or expert witness on hundreds of litigation, property loss and other projects in behalf of owners, developers, general contractors, architects, material suppliers, sub-contractors and insurance carriers. Mr. Heryet was the lead consultant for a nationwide developer/lender for a number of multi-family residential projects. He has coordinated and authored numerous defense responses and performed frequent allocations in behalf of a variety of general contractors/developers. Mr. Heryet provided consulting services to the developer and general contractor of new ocean-front luxury condominiums in Pebble Beach, for the purpose of producing as defect-free project as possible. He has inspected, photographed and documented the conditions of thousands of residential units in California and Nevada, and has observed, directed and performed a variety of water and destructive testing procedures. Mr. Heryet has performed detailed construction cost estimating for both litigation and property loss projects, including schools, apartments, condominiums, single-family residences and commercial buildings. He has reviewed and evaluated hundreds of construction estimates. He has testified as an expert witness in over one hundred mediations and arbitrations, and has provided deposition testimony more than sixty times. Mr. Heryet has testified at trial in both Superior and Federal District courts on more than ten occasions. He is a licensed general contractor in both California and Nevada, and is also a member of the California State Bar Association. Representative Projects Include: Regional 911 Emergency Call Center, Northern California 4 Room River Front Hotel, Sacramento, CA 6 Unit Three-Level Apartments, Roseville, CA 19 Townhouse Units, Santa Rosa, CA 80 Unit Apartment Project, Roseville, CA Custom Homes, Grey s Crossing, Truckee, CA Sacramento Hall of Justice, Sacramento, CA Architecture Construction Consulting Forensics

6 David T. Heryet (continued Page of Casino Construction Defect Claims, Northern California Homes in Subdivision, Santa Rosa, CA UC Davis Veterinary Center, Davis, CA 90+ Homes in Subdivision, Solano County, CA 80+ Homes in Subdivision, Petaluma, CA Unit Condominium Lodge, Kirkwood, CA 7 Homes in Subdivision, Washoe County, NV Placer County Jail, Auburn, CA South Lake Tahoe Jail, South Lake Tahoe, CA 00+ Unit Apartment Project in Sunnyvale, CA Below-Grade Surgical Center, Sacramento, CA The Residences at Spanish Bay, Pebble Beach, CA Earthquake Damage Evaluation, City of Wells, NV Golden Gate Holiday Inn, San Francisco, CA UCSB Humanities and Social Sciences Building (HSSB 76 Home Subdivision, Mountain Park, Carson City, NV WORK HISTORY: 001 Present Regional Manager Govan Associates, Inc Regional Manager/Shareholder Madsen, Kneppers & Associates, Inc., Sacramento, California Principal DH Construction, General Contractors, Walnut Creek, California Claims Analyst Madsen, Kneppers & Associates, Inc., Walnut Creek, California Superintendent/Production Manager Carey Brothers Builders, Walnut Creek, California Principal Heryet Development, General Contractors, Pleasant Hill, California Manager T.S. Enterprises, Inc., Tahoe City, California Manager, Consultant Wallin Associates, Tahoe City, California Production Team Ron Coover, General Contractor, Del Mar, California EDUCATION: UC Forest Products Laboratory Seminar Durability of Structural Panels CEB Various Construction Related Seminars UC Forest Products Laboratory Seminar Mold Growth in Construction Materials Juris Doctorate, John F. Kennedy University, Walnut Creek Project Management Seminars, University of California Extension, Berkeley Bachelor of Arts, Communications, University of California, Santa Barbara Architecture Construction Consulting Forensics

7 David T. Heryet (continued Page of LICENSES: California General Contractor s License Nevada General Contractor s License State Bar of California AWARDS: American Jurisprudence Award, Tort Law PRESENTATIONS: Sacramento County Bar Association Construction Defects An Expert s Perspective Northern California Claims Conference An Overview of Construction Defect Claims Lorman Seminar Residential Construction Defect Litigation PUBLIC SERVICE: Board of Directors, Vice Chair, El Dorado County Community Health Center, Placerville, California, Member of Executive Board and Chair of Risk & Quality Assurance Committee MEMBERSHIPS: ASPE (American Society of Professional Estimators PAST MEMBERSHIPS: NARI (National Association of the Remodeling Industry ICBO International Conference of Building Officials CSI Construction Specifications Institute Contra Costa County Bar Association Sacramento County Bar Association El Dorado County Bar Association (Revised Architecture Construction Consulting Forensics

8 PROOF OF SERVICE [CCP 101a] Cilker Apartments, LLC vs. Wesern National Construction, et al. Santa Clara Superior Court Case No.: 11CV5881 The undersigned declares under penalty of perjury that the following facts are true and correct. I am a citizen of the United States, over the age of 18 years, and not a party to, or interested in the within entitled action. I am an employee of the LAW OFFICE OF LORI R. MAYFIELD, and my business address is th Street, Suite 110, Oakland, CA On August 4, 015, I served the within: EXPERT DESIGNATION OF EASTERN LANDSCAPE COMPANY, INC. on all interested parties in said cause, by delivering a true copy as follows: [ X ] (By Electronic Service Via Santa Clara County Superior E-File I electronically served the document(s described above via Santa Clara County Superior E-File, on the recipients designated on the service list within Santa Clara County Superior E-File This service complies with the Court s Order in this case. Executed on August 4, 015 at Oakland, California Treste Masangcay PROOF OF SERVICE

QUALIFICATIONS OF CHRIS L. CARNEGHI, MAI California Certified General Real Estate Appraiser No. AG001685

QUALIFICATIONS OF CHRIS L. CARNEGHI, MAI California Certified General Real Estate Appraiser No. AG001685 Chris Carneghi is the owner of Carneghi and Partners, Inc., a California Corporation providing real estate appraisal and consulting services. The following is a summary resume of his background and experience.