Free Response in Opposition to Motion - District Court of California - California

Case 3:07-cv-02394-LAB-WMC

Document 14-3

Filed 04/01/2008

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AMY B. V ANDEVELD
ATIORNEY AT LAW

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Page 1 of 8

LAW OFFICES OF AMY B. VANDEVELD 1850 Fifth Avenue, Suite 22 San Diego, California 92101 . Telephone: (619) 231-8883 Facsimile: (619) 231-8329

January

23, 2004

Via Facsimd~e (619) 744-6814 Robert A. O'Connell, Esq. BROWNWOOD, CHAZEN & CANNON 525 B Street, Suite 1300 San Diego, CA 92101 Re: Spikes v. Mulkins USDC No. 02 cv 342 L (POR)

Dear Mr. O'Connell: Pursuant to our Settlement Agreement, your client was to install accessible parking and an accessible ramp, in compliance with the ADAAG and Title 24. It has come to my attention that the accessible space and ramp do not comply. I enclose copies of photos taken of the space and ramp. As you can see, the space is not properly striped, there is no access aisle, and the surface of the space and access aisle area is excessively sloped. There is a significant change in elevation to the adjoining ground surface. from the top of the ramp

Please have your client correct these problems immediately and provide me with photographs confirming the corrections. I would like to avoid filing an action to enforce the agreement, if possible. Please respond no later than February 15, 2004 in order to avoid a motion to enforce. Thank you.

1

Exhibit

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Case 3:07-cv-02394-LAB-WMC
Tort Defense RANDALL L BROWNWOOD MICHAEL B. EDDY ROBERT A. O'CONNELL EDWARD C. MEARA MARVIN
SlIbrorlation

Document 14-3

Filed 04/01/2008

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Construction Defect CATIiERINE M. CANNON JAMES L CLARK. III DAVID E. HAUSFELD AMY J. WALLACE CHRISTOPHER C. PIERSON
Workers' Compensation AVERY G. QiAZEN* JOYCE L. BARON AMY M. MARRON
'CER11I'IED SPEOALISf WORlCI!RS' COMPENSATION LAW STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECAUZAll0N

BROWNWOOD
CHAZEN & CANNON A ttorneys at Law
525 "B" Street, Suite 1300 San Diego, California 92101 Telephone (619) 744-6800 Fax (619) 744-6814
A Legal Division of the Liberty Mutual Group

J. STRAUS

CJiARLES A. LONGO ROBERT R LUSTER SHERRY SANTA CRUZ ERNFSf J. TIGANO JANINEVANOiO

January 29, 2004

Amy B. Vandeveld, Esq. Law Offices of Amy B. Vandeveld 1850 Fifth Avenue San Diego, California 92101 Re:

Via Facsimile & U.S. Mail

Karel Spikes vs. Robert C. Mulkins. et al. US District Court Case No: 02cv342 L(POR) Our Clients: Robert Mulkins and Adrea Mulkins Our File No: 50069

Dear Ms. Vandeveld: We are in receipt of your January 23, 2004, letter.
Please be advised that we are looking into the contentions asserted in your letter and accordingly we would request that you refrain from filing any action with the court until we have had an opportunity to investigate the content of your letter.

Your anticipated cooperation is gready appreciated. Should you have any questions or concerns, or wish to discuss the matter further, please do not hesitate to contact me.

Very truly yours,

;;;D;;1/CANNON
ROBERT A. O'CONNELL

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Case 3:07-cv-02394-LAB-WMC
Tort Defense RANDALL L. BROWNWOOD MIOIAEL B. EDDY ROBERT A. O'CONNELL EDWARDC. MEARA MARVIN J. STRAUS
Subroullion

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Filed 04/01/2008

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Construction Defect CATHERINE M. CANNON JAMES L. CLARK, ill DAVID E. HAUSFELD AMY J. WALLACE

BROWNWOOD
CHAZEN & CANNON Attorneys at Law
525 "B" Street, Suite 1300 San Diego, California 92101 Telephone (619) 744-6800 Fax (619) 744-6814
A Legal

CHARLFSA. WNGO
ROBERT SHERRY ERNEST R. LUSTER SANTA CRUZ J. TIGANO

Division of the Liberty Muhtnl

Group

Worker!' Comoensation AVERY G. CHAZEN. AMY M. MARRON JOYCE L BARON AMOS GALAM
"CERTIf1I!D SPEOAUST WORXERS' COMPENSATION LAW STATE BAR OF CAUFORNIA BOARD OF LEGAL SPEOAUZATION

JANINE VANCHO CHRISTOPHER C. PIERSON

February 12,2004

Amy B. Vandeveld, Esq. Law Offices of Amy B. Vandeveld 1850 Fifth Avenue San Diego, California 92101 Re: Karel Spikes vs. Robert C. Mulkins. et al. US District Court Case No: 02cv342 L(POR) Our Clients: Robert Mulkins and Adrea Mulkins Our File No: 50069

Via Facsimile & U.S. Mail

Dear Ms. Vandeveld: Further to my January 29, 2004, letter, please be advised that the issues raised by your January 24,2004, letter have been investigated. Please be advised that additional and revised remediations will be performed at the 3351- 3355 Adams Avenue parking lot to finalize the work consistent with our settlement agreement. We would again request that you refrain from filing any action with the court until we have had an opportunity to finalize the performance of this work. Your anticipated cooperation is greatly appreciated. Should you have any questions or concerns, or wish to discuss the matter further, please do not hesitate to contact me.

Very truly yours, BROWNWOOD, CHAZEN & CANNON

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.Exhibit

Case 3:07-cv-02394-LAB-WMC

Document 14-3

Filed 04/01/2008 (

Page 4 of 8

\ AMY B. V ANDEVELD
ATfORNEY AT LAW

LAW OFFICES OF AMY B. VANDEVELD 1850 Fifth Avenue, Suite 22 San Diego, California 92101 Telephone: (619) 231-8883 Facsimile: (619) 231-8329

February
FOR SETTLEMENT PURPOSES ONLY PRIVILEGED AND CONFIDENTIAL

19, 2004

Via Facsimi~e (619) 631-6444 Freddy A. Garmo, Esq. GARMO & GARMO LLP 124 West Main Street, Suite 200 El Cajon, CA 92020 Via Facsimi~e (213) 624-4840 James R. Evans, Jr., Esq. HILL, FARRER & BURELL, LLP 300 South Grand Avenue Los Angeles, CA 90071 Re: Spikes v. San Altos Liauor, et al. USDC No. 03cv1951 J (JFS)

Dear Mr. Garmo and Mr. Evans: My client has re-visited the site and advises that the accessible parking spaces are constructed incorrectly. The access aisles are required to be on the passenger side. Please request that your clients perform the necessary modifications to avoid a motion to enforce the settlement. agreement.
Thank you.

cc:

Karel Spikes

1

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Case 3:07-cv-02394-LAB-WMC

Document 14-3

Filed 04/01/2008

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AMY B. V ANDEVELD
AITORNEY AT LAW

LAW OFFICES OF AMY B. VANDEVELD 1850 Fifth Avenue, Suite 22 San Diego, California 92101 Telephone: (619) 231-8883 Facsimile: (619) 231-8329

July 15, 2005
FOR SETTLEMENT PURPOSES ONLY

-

PRIVILEGED (619) 237-1802 Esq.

Via Facsimile Gary Brenner,
ATTORNEY

AT LAW

110 West C street, Suite 1905 San Diego, CA 92101 Re: Spikes v. Murphv's Market

USDC No.
Dear Mr. Brenner:

04 cv 2159 lEG (POR)

Pursuant to our Settlement Agreement, your client was required to complete modifications to the property no later than April 30, 2005. To date, the barriers at the property have not been removed. Please have your client complete the modifications immediately and provide me with photos of the modifications no later than August 1, 2005 to avoid a motion to enforce the Agreement. If I am forced to file the motion, my client will seek fees and costs associated with the enforcement action.
I look forward to hearing from you.

cc: Karel Spikes

1

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Case 3:07-cv-02394-LAB-WMC

Document 14-3
GARY
ATTORNEY
SUITE 110 WEST C

Filed 04/01/2008

Page 6 of 8

BRENNER
AT
1905 STREET

LAW

SAN
TELEPHONE (6191 237-6699

DIEGO, E-MAIL:

CALIF'ORNIA [email protected]

92101
F"ACSIMILE (619) 237-1602

August

3, 2005

Amy B. Vandeveld, Esq. Attorney at Law 1850 Fifth Avenue, Suite 22 San Diego, CA 92101 Re: Spikes v. Kassab/Murphy's
Dear Ms. Vandeveld:

Market

Enclosed are photographs of Murphy's Market which show compliance regarding the issues that were addressed in the lawsuit. If you have any questions or comments regarding the contents of this letter or the enclosure, please contact me at your convenience.

Very truly yours,

~
Gary Brenner

GB/ko
Enclosure

Exhibit - -'y'-\. /1

Case 3:07-cv-02394-LAB-WMC

Document 14-3

Filed 04/01/2008

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AITORNEY AT LAW

(

AMY B. V ANDEVELD
LAW OFFICES OF AMY B. VANDEVELD 1850 Fifth Avenue, Suite 22 San Diego, California 9210 i Telephone: (619) 231-8883 Facsimile: (619) 231-8329

August
FOR SETTLEMENT PURPOSES ONLY

5, 2005

-

PRIVILEGED (619) 237-1802 Esq.

Via Facsimile Gary Brenner,
ATTORNEY

AT LAW

110 West C street, Suite 1905 San Diego, CA 92101

Re:
Dear Mr. Brenner:

Spikes v. Murphv's Market USDC No. 04 cv 2159 lEG (POR)

Thank you for the photos and your letter of August 3, 2005. I have some concerns. The ADAAG requires that the accessible parking sign be visible over a parked car. The one installed is too low. Also, I cannot tell the width of the access aisle from the photos. Is it 8 feet wide? Is the parking space 9 feet wide? These are the required dimensions. The other modifications are acceptable.
from you.

1

Exhibit

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Case 3:07-cv-02394-LAB-WMC

Document 14-3

Filed 04/01/2008

Page 8 of 8

AMY B. V ANDEVELD
ATIORNEY AT LAW

-v LAW OFFICES OF AMY B. VANDEVELD 1850 Fifth Avenue. Suite 22 San Diego. California 92101 Telephone: (619) 231-8883 Facsimile: (619) 231-8329

March 7, 2007

Via Facsimi~e (619) 237-1802 Gary Brenner, Esq. ATTORNEY AT LAW 110 West C Street, Suite 1905 San Diego, CA 92101 Re: SDikes v. Murphy's Market USDC No. 04 cv 2159 lEG (POR)

Dear Mr. Brenner:

My client re-visited the property at issue in this case and discovered that your client has failed to comply with the Settlement Agreement. The ~accessible" parking space provided by your client has no access aisle and is not properly located. Please have your client comply with the Settlement Agreement immediately in order to avoid an enforcement action. We will require photographs of the modifications to ensure they are performed
correctly.

I look forward to hearing

from you.

cc:

Karel Spikes

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