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1165 CAPE AIRE LN; ; CB972689; Permit
BUILDING PERMIT 09/22/97 13:55 Page 1 of 1 Job Address: 1165 CAPE AIRE LN Suite: Permit Type: PATIO/DECK Parcel No: 206-140-29-00 Lot*: 938409/22/97 Valuation: 4,433 Construction Occupancy Group: Reference*: Description: (2) SECOND STORY BALCONIES : 403 SF TOTAL Permit No: CB972689 Project No: A9703433 Development No: Appl/Ownr : GONZALEZ BILL 10157 PEACEFULL COURT SANTEE, CA 92071 *** Fees Required *** IXJOW __ -_ ISSUED W Applied: 09/22/97 Apr/Issue: 09/22/97 Entered By: JM Fees : Adjustments: Total Fees: Fee description Building Permit Plan Check Strong Motion Fee * BUILDING TOTAL -^ :>;' •>'" |?wsZSSSLf" •.->•. . . H^pitt^f--" *p?P«^n^ 619 258-0477 Collected & Credits * ** . 00 47.00 73.00 Ext fee Data 72. 00 47. 00 1 . 00 120. 00 RED PERMIT BUILDING PLA, •/ IN STORAGE. ATTACHED FIIJALAPPROWU. DATE. " ' 1 ..j i« CITY OF CARLSBAD 2075 Las Palmas Dr., Carlsbad, CA 92009 (619) 438-1161 PERMIT APPLICATION City of Carlsbad Building Department 2075 Las Palms Dr.. Carlsbad, CA 92009 (619) 438-1161 I. FKKM1TTYPE A - U Commercial U New Building U Tenant Improvement B - D Industrial D New Building D Tenant Improvement C - O Residential D Apartment D Condo 0-gmgle Family Dwelling H^ddition/Alteration D Duplex D Demolition D Relocation D Mobile Home D Electrical D Plumbing D Mechanical D Pool D Spa D Retaining Wall D Solar Q Other 2. PROJECT INFORMATION PLAN CHECK NO. FOR OFFICE USE ONLY 9390 WAddress Nearest Cross Street ijuiiaing or auite JNO.0001 01 02C-PRMT 47-00 LEGAL DESCRIFFION Lot No. suodivision Name/Number ^ Oft Phase No. CHECK BbLUW Ir bUBMll IfcJJ: D 2 Energy Calcs D 2 Structural Calcs D 2 Soils Report D1 Addressed Envelope ASSESSOR'S PARCEL EXISTING USE PROPOSED USE DESCRIPTION OF WORK SQ. FT.STORIES j. (JUN1AL.1 CITY ADDRESS ZIP CODE (X DAY TELEPHONE 4. APPLICANT Q CONTRACTOR MAGtNT FOR CONTRACTOR ADD] CITY STATE ZIP COD! U OWN fc.R D AGENT FOR OWNER O DAY TELEPHONE 5. PROPEKI I OWNER NAME CITY STATE ADDRESS ZIP CODE AIM- C*> DAY TELEPHONE \JO • 6. CONTRACTOR NAME' CITY ADDRESs ZIP CODE v ^ I f?STATED ZIP CODE v DAY TELEPHONE STATE LIC. #C?3 M7&? LICENSE CLASS (? '\ CITY BUSINESS LIC. # AUURhbb ZIP CODE DAY TELEPHONE 6Su-OH"TlTATE LIC. # . ' UUMFKNSATIUN Workers' Compensation Declaration: I hereby affirm that I have a certificate of consent to self-insure issued by the Director of Industrial Relations, or a certificate of Workers' Compensation Insurance by an admitted insurer, or an exact copy or duplicate thereof certified by the Director of the insurer thereof filed with the Building Inspection Department (Section 3800, Lab. C). INSURANCE COMPANY POLICY NO.(/|£>'7/tj 11^2 EXPIRATION DATE ~7"~l~ *l Certificate or Exemption: l certify that in the performance of the work tor which this permit is issued, I snail not employ any person in any manner so as to HecQpjk-sut^jectto the Workers' Compensation Laws of California. ^*\ 5^ill <^T f)'SIGNATURH-l^V-i^''^ IU DATE I ~ L ' 8. OWNER-BUI itytCLAHAl ildcr DeclaraiOwner-Builder Declaration: I hereby affirm that I am exempt from the Contractors License Law for the following reason: D I, as owner of the property or my employees with wages as their sole compensation, will do the work and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner-builder will have the burden of proving that he did not build or improve for the purpose of sale.). D I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and contracts for such projects with contractor(s) licensed pursuant to the Contractor's License Law). D I am exempt under Section _ Business and Professions Code for this reason: (Sec. 7031.5 Business and Professions Code: Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contractor's License Law (Chapter 9, commencing with Section 7000 of Division 3 of the Business and Professions Code) or that he is exempt therefrom, and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the Applicant to a civil penalty of not more than five hundred dollars [$500]). SIGNATURE M Ifr DATE COMPLETE THIS SJiLTl'IOA FOR NON-RESIDENTIAL BUILDING PERMITS ONLY: Is the applicant or future building occupant required to submit a business plan, acutely hazardous materials registration form or risk management and prevention program under Sections 25505, 25533 or 25534 of the Presley-Tanner Hazardous Substance Account Act? D YES D NO Is the applicant or future building occupant required to obtain a permit from the air pollution control district or air quality management district? P YES D NO Is the facility to be constructed within 1,000 feet of the outer boundary of a school site? D YES D NO IF ANY OF THE ANSWERS ARE YES, A FINAL CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED AFTER JULY 1, 1989 UNLESS THE APPLICANT HAS MET OR IS MEETING THE REQUIREMENTS OF THE OFFICE OF EMERGENCY SERVICES AND THE AIR POLLUTION CONTROL DISTRICT. 9. CUNSTKUL.T1ON LfcJMLJlNCJ AUKNCJY I hereby affirm that tnare is a construction lending agency tor the performance of the work tor which this permit is issued is>ec .iuy/iij L.IVII LENDER'S NAME I* M LENDER'S ADDRESS 10. APPLICANT CERTIFICATION 1 certify that 1 have read the application and state that the above information is correct. I agree to comply with all City ordinances and State laws relating to building construction. I hereby authorize representatives of the City of Carlsbad to enter upon the above mentioned property for inspection AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE OF THE GRANTING OF THIS PERMIT. OSIIA: An OSHA permit is required for excavations over 5'0" deep and demolition or construction of structures over 3 stories in height. Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 365 days from the date of such permit or if the building or work authorized by such permit is suspend^ or abandoned at any time after the work is commenced for a period of 180 days (Section 303 (d) Uniform Building Code). 7 *APPLICANTS SIGNA DATE: . YELLOW: Applicant PINK: Finance City of Carlsbad Inspection Request For: 2/12/99 PermiW CB972689 Title: (2) SECOND STORY BALCONIES Description: 403 SF TOTAL Inspector Assignment: PK 1165 CAPEAIRELN Lot Type: PATIO Sub Type: Job Address: Suite: Location: APPLICANT : GONZALEZ BILL Owner: HOLLINGSWORTH RUSSELL K III&CYNT Remarks: Phone: 760720: Inspector: Total Time: CD Description 19 Final Structural Requested By: NA Entered By: CHRISTINE Comments t& Inspection History Date Description Act Insp Comments 10/31/97 19 Final Structural CO PK 10/8/97 11Ftg/Foundation/Piers AP PK DECK FTGS 10/8/97 14 Frame/Steel/Bolting/Welding AP PK 10/8/97 34Rough Electric AP PK ©WINDOWS CITY OF CARLSBAD INSPECTION REQUEST PERMIT* CB972689 FOR 10/31/97 DESCRIPTION: (2) SECOND STORY BALCONIES 403 SF TOTAL TYPE: PATIO JOB ADDRESS: 1165 CAPE AIRE LN APPLICANT: CONTRACTOR: OWNER: GONZALEZ BILL PHONE: PHONE: PHONE: INSPECTOR AREA PK PLANCK# CB972689 OCC GRP CONSTR. TYPE NEW STE: /\LOT: 619 258-0477 REMARKS: C/RICK/270-5262 SPECIAL INSTRUCT: INSPECTOR TOTAL TIME: CD LVL DESCRIPTION 19 ST Final Structural ACT COMMENTS ***** INSPECTION HISTORY ***** DATE DESCRIPTION ACT INSP COMMENTS 100897 Rough Electric AP PK @ WINDOWS 100897 Frame/Steel/Bolting/Welding AP PK 100897 Ftg/Foundation/Piers AP PK DECK FTGS CITY OF CARLSBAD NO. BUILDING INSPECTION DEPARTMENT 00481 JOB ADDRESS GENUS TRACT NO.PERMIT NUMBER PLAN FILE NUMBER ACTOR OWNER OR PERMITTEE NAME MAIL FOR aOWNER, ... CTpONTRACTOR D VIOLATION READ REVERSE SIDE D NOTE: PRESENT THIS NOTICE WHEN MAKING APPLICATION FOR PERMIT NO PERMIT - STOP WORK - REMOVE CONSTRUCTION, OR OBTAIN PERMIT AND MAKE ANY WORK COMPLY WITH BUILDING LAWS. (See comments on reverse side regarding penalty fees). CONSTRUCTION NOT IN ACCORDANCE WITH APPROVED PLANS AND PERMIT - STOP WORK MAKE EXISTING WORK COMPLY WITH APPROVED PLANS AND PERMIT OR REMOVE IT. CALL PLANING DEPARTMENT AT 438-1161, CONCERNING VIOLATION OF ZONING REGULATION LISTED BKtOW. STOP WORK - UNTIL AUTHORIZED TO CONTINUE BY THE INSPECTOR. CORRECTIONS REQUIRED LJ CONTACT CODE ENFORCEMENT OFFICER AT 438-1161. D CONTACT INSPECTOR AND ARRANGE FOR APPOINTMENT AT 438-3550. T2 CORRECTIONS LISTED BELOW MUST BE MADE BEFORE WORK CAN BE APPROVED. EH PAY REINSPECTION FEE (See Back); THEN D CALL FOR REINSPECTION AT 438-3101. PARTIAL APPROVED WORK DESCRIBED BELOW HAS BEEN INSPECTED AND IS APPROVED. 5 4 ^j O <, , •? O i/t />e.j/ P< THE ACTIONS OR CORRECTIONS INDICATED ABOVE ARE REQUIRED WITHIN MUNICIPAL CODE REdfUVRES PENALTY FEES WHEN WORK HAS BEEN STARTED WITHOUT PERMIT. DAYS. THE CARLSBAD NAME OF INSPECTORIPRINT) INSPECTOR'S SIGNATURE IN-13 (Rev. 2/86) OFFICE TEL. NO. 7:00 A.M. TO 8:00 A.M. 3:00 P.M. TO 4:00 P.M. MONDAY THRU FRIDAY /o 3/~ ^7r«euJILDING ELECTRICAL HEATING PLUMBING REFRIGERATION COMBINATION BUILDING INSPECTION DEPARTMENT GENERAL REQUIREMENTS 1. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city, or cause the same to be done, without firstobtaining a separate building permit for each such building or struct-ure from the Building Official. Uniform Building Code Sec. 301. Where work for which a permit is required by this Code is started or preceded with prior to obtaining said permit, the fee schedule established by the city shall be doubled, but the payment of such dou- ble fee shall not relieve any persons from fully complying with the re- quirements of this Code in the execution of the work nor from any other penalties prescribed herein. Uniform Building Code Sec. 304. 2. When the Building Official issues a permit, he shall endorse in writing or stamp on both sets of plans and specifications "Approved." Such approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. One set of approved plans and specifications shall be relumed to the applicant, which set shall be kept on such building or work at all times during which the work authorizedthereby is in progress. Uniform Building Code Sec. 303. 3. A building permit shall expire and become null and void if the build-ing or work authorized by such permit is not commenced within 180 days from the date of Issuance or if the building or work authorized by such permit Is suspended or abandoned at any time after the work is commenced for a period of 180 days. Uniform Bldg. Code Sec. 303. 4. No work shall be done on any part of the building or structure beyond the point indicated in each sucessive inspection without first obtaining the written approval of the Building Official. Uniform Building Code Sec. 305. 5. Whenever any building work is being done contrary to the provision of this Code, the Building Official may order the work stopped, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. Uniform Building Code Sec. 202. 6. No electric wiring, devices, appliances or equipment shall be installed within or on any building, structure or premises nor shallany alteration or addition be made in any such existing wiring, devices, appliances or equipment without first securing a permittherefor from the Inspection Department except as stated in Ord. No. N527. In addition to any other penalty provided in this Article for viola-tions thereof, any person who has done any electrical work without permit as required by this Article, or who has caused any such work to be done without a permit, shall pay a Penalty Fee in addition to the regular permit fee for inspection of such work. 7. No plumbing system or part thereof regulated by this Code shall be installed within or on any building, structure, or premises, nor shafl any alteration, addition or replacement, be made in any suchexisting plumbing system unless a permit therefor has first been issued by the Inspection Department except as stated In Ord. No. 8109. 8. No heating, ventilating, air conditioning, or refrigeration system, or part thereof shall be installed, altered, replaced, or repaired unless a per- mit therefor has first been issued by the Inspection Department, except as stated in Ord. No. 8108. 9. Reinspections. A reinspectlon fee may be assessed for each inspec- tion or reinspection when such portion of work for which inspectionis called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the permit card is not pro- perty posted on the work site, the approved plans are not readily available to the inspection, for failure to provide access on the date for which inspection is requested, or for deviating from plans requir- ing the approval of the Building Official. In instances where reinspection fees have been assessed no addi- tional inspection of the work will beperformed until the required feeshave been paid. Excerpts from U.B.C. Sec. 305. PLEASE DIRECT INQUIRIES REGARDING REQUIREMENTS FOR OBTAINING A PERMIT TO THE PERMIT COUNTER, 4M-1161 1. Applications for permits are processed at 2075 Las Palmas Dr. Permit applications are not accepted via mail without prior arrangement. The information identified in items 2 & 3 below must be submitted atthe time of application for permit. 2. The State of California Labor Code Section 3800 mandates that noperson, owner or contractor shall employ any person, in any manner, in conjunction with a construction project for which a permit is requiredunless such employer shall first have in force a Workmen's Compen- sation Insurance Policy. (a) A Certificate of Insurance, as required by State Labor Code Section3800, must be presented prior to the issuance of required permitsunless such Certificate is already on file with the Building Inspection Department. (b) It is extremely important that the Certificate of Insurance be issued to the City of Carlsbad and must contain a clause stating that in the event the insurance is cancelled, 10 days prior notice will be given to the City of Carlsbad. (c) The requirement for presenting evidence of Workmen's Com- pensation insurance coverage is waived for the property ownerwho is performing all work himself, and also tor contractors who do not employ other persons to perform any work. A certificate of non-employment must be signed, and owner verification form completed, by the property owner when making application for any type permit. 3. In addition to the requirement of item 2 of this section, it will be necessary to provide the following Information when submitting a Plan Check Application. (a) the legal description of the property (lot number, block number,and name of subdivision). (b) two plot plans, three if commercial property, drawn to scale, which indicate the following: (1) shape and size (dimensioned lengths of lot boundaries) of the property. (2) shape and size of all buildings presently on the lotincluding the proposed construction requested by this permit application, and (3) the location (dimensioned distances) of all buildings from adjacent property lines and from each other. (c) Two sets of construction plans drawn to scale which dearly snow that the proposed work will conform with the requirements of the City of Carlsbad. Three sets if commercial property. EsGii Corporation In Partnership with Government for Building Safety Raenette 7604380894 DATE: February 5, 1999 q APPLICANT dp JURIST^} JURISDICTION: Carlsbad a PLAN REVIEWER a FILE PLAN CHECK NO.: 97-2689 REV (PCR 99046) SET: I PROJECT ADDRESS: 1165 Cape Aire Lane PROJECT NAME: Hollingsworth Deck Revision IXI The plans transmitted herewith have been corrected where necessary and substantially comply with the jurisdiction's building codes. I I The plans transmitted herewith will substantially comply with the jurisdiction's building codes when minor deficiencies identified below are resolved and checked by building department staff. I I The plans transmitted herewith have significant deficiencies identified on the enclosed check list and should be corrected and resubmitted for a complete recheck. I I The check list transmitted herewith is for your information. The plans are being held at Esgil Corporation until corrected plans are submitted for recheck. I | The applicant's copy of the check list is enclosed for the jurisdiction to forward to the applicant contact person. I | The applicant's copy of the check list has been sent to: Esgil Corporation staff did not advise the applicant that the plan check has been completed. Esgil Corporation staff did advise the applicant that the plan check has been completed. Person contacted: Bill Gonzalez Telephone #: appt. Date contacted: 2/5/99 (by: kc) Fax #: Mail Telephone Fax In Person REMARKS: 1. EsGil Corporation did not perform the plan review for the original project. This review was limited to the deck revision ONLY. 2. There are numerous inked-in changes made by the engineer. The inspector should verify that these were accomplished in the field. 3. The plans are being hand-carried back to the City by the applicant. By: Kurt Culver Enclosures: City-approved plans Esgil Corporation D GA D MB D EJ D PC 2/1/99 tmsmtl.dot 9320 Chesapeake Drive, Suite 208 + San Diego, California 92123 + (619)560-1468 4- Fax (619) 560-1576 Carlsbad 97-2689 REV (PCR 99046) February 5, 1999 VALUATION AND PLAN CHECK FEE JURISDICTION: Carlsbad (PCR 99046) PREPARED BY: Kurt Culver BUILDING ADDRESS: 1165 Cape Aire Lane BUILDING OCCUPANCY: PLAN CHECK NO.: 97-2689 REV DATE: February 5, 1999 TYPE OF CONSTRUCTION: BUILDING PORTION Air Conditioning Fire Sprinklers TOTAL VALUE BUILDING AREA 1 VALUATION (ft.2) 1 MULTIPLIER VALUE ($) n 199 UBC Building Permit Fee n Bldg. Permit Fee by ordinance: $ O 199 UBC Plan Check Fee D Plan Check Fee by ordinance: $ Type of Review: [~] Complete Review Q Structural Only n Hourly H] Repetitive Fee Applicable C] Other: Esgil Plan Review Fee: $ 87.15 Comments: Deck revision: Esgil fee = 1 hr. @ $87.15/hr. Sheet 1 of 1 macvalue.doc 5196 ALLOWABLE RESIDENTIAL DECK JOIST SPANS12 SIZE 2X4 2X6 2X8 2X10 V. 2X12 2X14 SPACING 12" 16" 24" 12" 16" 24" 12" 16" 24" 12" ,16" 24" 12" 16" 24" 12" 16" 24" DOUG. FIR FLOOR JOISTS 6'3" 5'6" 5'0" 9'9" 8'9" 7'9" 12'9" 11 '9" 10'8" 16'6" , 15'0" >-b-V *~ 12'6" 19'0" 17'6" 14'3" 22'9" 19'9" 16'0" REDWOOD FLOOR JOISTS 6'3" 5'6" 5'0" 9'9" 8'9" 7'9" 12'9" 11 '9" 10'3" 16'6" 15'0" 13'0" 20'0" 18'0" 15'3" 22'6" 21 '0" 17'0" 1. Assumes a live load of 40 psf and a dead load of 8 psf. 2. If joists are within 18" of grade, use pressure treated Douglas Fir-Larch or Foundation Grade Redwood 3. Assume F(b)=825 psi, F9v)=90 psi, and E=1,200,000 psi for D.F. #2 4. Assume F(b)=925 psi, F9v)=80 psi, and E=1,200,000 psi for Redwood Allowable Beam Spans Post Spacing (feet) 4 6 8 10 12 4 4x4 4x6 4x10 6x8 4x10 6x10 4x10 6x10 6 4x6 4x8 4x10 6x8 4x14 6x12 4x14 6x12 8 4x6 4x8 4x12 6x10 4x14 6x12 4x14 6x12 Joist span (feet) ^°~\r (^>[ 4x8 4x10 6x8 X«~^x ,4x12) Vftcltf 4x16 6x14 4x16 6x14 12 4x10 4x10 6x8 4x14 6x10 4x16 6x14 4x16 6x14 14 4x10 4x14 6x10 4x14 6x12 4x18 6x14 4x18 6x14 16 4x14 4x14 6x12 4x16 6x12 6x16 6x16 SETBACKS FOR R-1 PARCELS FRONT YARD - 20' from front property line NTERIOR SIDE YARD -10% of tot width up to a maximum of 101 STREET SDE YARD-101 REAR YARD - 20% of tot width up to maximum of 20 feet MAX. LOT COVERAGE - 40% Contact the Planning Department for information on comer lots or lots wth unusual configurations and for information on Planned Communities, accessory structures, and bidding heights. The telephone number for the Planning Department is 438-1161. 'I 20% Of LOT WIDTH TO A MAX. OF 20' 10%OF LOT WIDTH UPTOA MAX. OF 10- LOT WIDTH MEASURED 201 FROM 20'BACK OF FRONT PROPERTY LHvE PROPERTY UNE STREET Minimum Square Footing Sizes (inches)1-2 Post Spacing 4 6 8 10 12 4 12 14 16 18 20 6 14 16 20 22 24 8 16 20 22 — » 24 — »| 28 Joist Span (fept) CIQ; 18 22:24j. 28) 32 12 20 24 26 30 32 14 20 24 28 32 36 16 22 28 30 34 36 18 24 30 32 36 38 1. Assumes 1,000 psf soil bearing capacity 2. The minimum depth for all footings is 12 inches into natural grade From: BILL GONZALEZ 629+2588738 09-24-97 11:33 P. 001 RICHHKD TUREK.P . 01 CERTIFICATE OF LIABILITY ..^^..^^ 08/19/9. THIS CERTIFICATE IS ISSUED AS A MATIER O? lNP6fcMAtlONPRODUCER 5fl',0 Insurance Brokers, Inc. P.O. Box 58152 2005 Dca La Cruz Blvd. , Ste 200 Santa Clara CA 95050-0152 1N8URCC Development Co. •1165 Huarfano Aveow« San Diego CA 92117-4308 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER. THE COVERAGE AFFORDED BY THE POtlCIES BELOW. __ COMPANIES AFFORDING COVERAQE COMPAHY A Clarendon NaLlonal Ins. Co. COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POt.IC.tES OF INSURANCiE LISTED BE) OW HAVE BFENISSUEO TO THfe INSURED HAMEO AnOvW TOR THE POLICr PERIOD IN'jiCAl CO. NOTWtTMStANDiNG ANY MCOlI'lttMBNT, TERM Ort CONDITION OF ANY CONTRACT OR OTHBH DOCUMENT WITH M8PECT TO WHICH THIS CEHTiriOATS MAY DE ISSUfcO OP. MAY f ERTAIH. TMd INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, eXCUJSlONS ANC CONDITION Of SUCK POUUbS. LlrtlfJ BHOW) »AT HAVE BUCK neCUCm BY PAID CLAIMS. COI,™ _ . 1 A. TYPF, OM IMSURAMtfi (il!t - _ ftUI •~1 IlilsAL UAOILITY COMMERCIAL GENCV.L 1 (ABILITY ! CL.MM9 MADE ! ~1 OCCUR L. 1 I ' OWHfiR'S & CCNTRACTOR't PAOT UMOblLE LiABiL-.rr ANY AUTO ALL OWNED AUTJS SCHEOUI-EO AUTOS inr: AUTOS '•'.ri-OWNEP AUTOS _^__ &ARAGE LIABIL! PY .ANTAL'TO EXCESS UABlUTf "1 UMMfLLA PORN | O1HBF trt*14 U|MBR£LL» TORM WORKERS COHPSUSAIION A NO EMI'lCYEnS1 LIABILITY Tll&PROPHifiTCP; 1" "1 ,Mct PARTNERS/EXECUTIVE OFFICE** AKEl j 1 F.XQL OTHER POLICY NUMBER L_ ^ 01KM3970970 - POLICY Efrec uve DATE (MM/OD/YY) ^[rwv>)\r l/ 07/01/97 POUOY CXPIRATIOH DftT6(MM/DDrCr) 7 07/01/&8 UMIT8 GENERAL AGGREGATE PRODUCTS -COWHOP AGO PERSONAL «. APV INJURY EACHOCCURReNCE FIRE OAMAOE (Ai\y o,n Hr«) WED EXP (Any vn« J)»r»on> COMBINED 8IN«\.B LIMIT eoOILY IN JUHY(P«r p«n«n) BODILY INJURY(P»t iccltfinl) PROPERTY OAWAUt, AUlOONLY-EAfrOClDEHT OTHER 1HAN AUTO OHLY: EACH ACCIOEN 1 AOORtOAIt EACH OCCURRENCE ACOheoArt xits^aK.1 ra- _LL CACrt ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE • EA EMPLOYEE , . , . „ . J f » t _»_ ^ , 1,000,000 i, oob f boo 1,000,000 ; f.MCPJPTIOHOFOPEl\A710NSTl!^r.«TioN5/VP»->;i.5S/S?EClALITEMS '.Ml California Operations and Jwoaaof Pi.wmiu» is Ton (10) Days #634760 Cancellation for CtERTJPlCATE HOLDER CONTRAC CANCELLAV1ON 8HOCLO ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 HE ..n>_A«nu n.re TUOBFOF T«B ISSUING COMPANY WILL HWUCAVOR TO MAIL Christine Wauschek - Re: Deck Permit ^_^^ Page 1 From: Pat Kelley To: Cindee Hollingsworth Date: 1/23/01 11:47AM Subject: Re: Deck Permit ok >» Cindee Hollingsworth 01/23/01 11:31AM >» don't renew it - the litigation is over - i need to talk to you about it privately. Thank You - Cindee x5125 * Date: 28 January 1999 To: File From: Principal Building Inspector Re: Conversation w/ Rick Turick I spoke w/ Rick regarding the letter to Domiguez. I told him that his engineer needs to do a rational analysis to demonstrate compliance w/ the Code for the deck stability and the footings. I told him it goes to plan check when submitted. PATRICK KELLEY Principal Building Inspector • Pagel City of Carlsbad Building Department January 25th, 1999 Bill Gonzales Drafting Service 9712 Halberns Blvd Santee, CA 92071 Enclosed is the plans dropped off at the City Building Department last week. It is unclear what the purpose of this documentation. If it is to respond to the correction left on this jobsite in October of 1997, then the documentation is inadequate. The notice asks for a registered engineer to review the deck framing and recommend corrective measures. This review should demonstrate by rational analysis (calculations) compliance with Uniform Building Code requirements. The matter of eccentrically loaded footings has not been addressed at all. Please make all appropriate revisions as noted on the Notice and submit revised calculations/Slid details without further delay. Patrick Kelley Principal Building Inspector c: File Mr. & Mrs. Hollingsworth 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 - FAX (76O) 438-0894 City of Carlsbad Building Department November 25th, 1998 Mr. And Mrs. Russ Hollingsworth 1165 Cape Aire Lane Carlsbad CA 92008 Re: Building Permit CB 972689 Dear Mr. And Mrs. Hollingsworth, In response to your request for a letter clarifying certain items under discussion related to your deck permit, the City stands behind the correction notice issued in the field on October 31,1997. That notice, given to Mr. Hollingsworth since the contractor was not present at that inspection, directed certain steps be taken to secure a City approval of the in-place work. Those steps are as written on the notice: 1. As-built deck conditions allows too much sway for the deck to be safely utilized - Do not use rear deck. 2. Deck construction is outside the scope of the City spec handout since the deck is not supported by the existing structure- have a registered engineer review deck framing & recommend corrective measures to brace deck system - post to beam const. 3. Front yard deck needs support under all beams 4. All wood in contact w/ concrete to be pressure treated- add p.t. plate material under all posts set @ finish grade 5. Posts were to be centered on spread footings - engineer to review eccentrically loaded footings & column base hardware. There is no record in this office of any proposed structural revisions being submitted by the general contractor to remediate any of the listed conditions above. I have not spoken with representatives of Turek Development, and I have not agreed in concept or with specificity that cable bracing is an acceptable method of providing lateral stability required by the Uniform Building Code although a licensed engineer may propose such a solution via the plan check process. As to the originally approved plans, the City standard deck handout was attached to the plans submitted by the contractor by agreement with the contractor in lieu of requiring 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (760) 438-O894 the deck to be engineered prior to approval by the City. When that handout attached to the approved plans, that handout then becomes the guiding structural standard unless the contractor has committed to more restrictive structural design criteria on the proposed plans. Specifically, the City handout shows one entire side of a proposed deck being directly attached to the existing structure. This provides lateral stability for the proposed deck outside of having a lateral analysis provided by a licensed engineer on raised decks. One might argue whether or not the plans were approved in error or whether the contractor failed to follow the approved plans to no practical resolution. In fact, the deck is so unstable in its current condition as to warrant a structural analysis by a licensed engineer to determine the best way to stabilize the bracing system permane/ftly asyJirected in the notice issued October 31,1997. Pat Kelley Principal Building Inspector City of Carlsbad c: File Pat Kelly Would you please write a letter for me on your letterhead that: You have never had any contact with Turek Development or their representatives regarding this project. (Please see the attached.) You have never told Richard Turek that a simple "toggle cable sway brace" would fix the problems with the rear deck. If you feel that it is appropriate, perhaps a mention of the deceptiveness of the plans that were submitted to the building department, the apparent lack of general contracting knowledge by even thinking he could submit such a scheme for approval, and the general lack of quality and workmanship in the construction of the decks. I would like to use this letter to help prove the damages I have incurred, due to the contractor not finishing the job in the time frame that was agreed to by both parties. Please add anything else you think might be helpful. it Stanley J. Riney January 16,1998 Page 2 Now, in regards to the merits of your cross-complaint, it seems that we are going overboard on what should bea rfjaMvjeJrysimple matter. My client did indeed enter into a contract with your client to<bjjUd a deckjnd add some windows and doors to the existing house. /) The structural drawings for the deck were approved by die City Building Department client attempted to get a final inspection, the building inspector declined to sign the ["advised Mr. Turek tha^the plans, though approved (in error), did not meet the City's < structural soundness(jVfr. Turek was advised that he would have to add toggle cable sway braces to tiie structure!! He was advised to submit a correction and then make the modifications. As of that moment afia as of this moment, my client has been ready, wilting and able to make the necessary corrections to the deck. The only reason mat the corrections have not been made is because your client; breached the contract by failing to make the second and third progress payments. Additionally, because your client went berserk and would not allow Mr. Turek's company to make repairs. It would seem to me that this entire matter would disappear if your client would simply escrow the contract funds pending a final approval by the building department. My client would make the necessary corrections and the escrow company could issue the checks. Absent a simple remedy, I'm afraid that your client is in for a long, drawn out legal process that will inevitably result in his having to pay my client the amount owed, plus attorney fees and costs. He may also subject himself to abuse of process and malicious prosecution claims from Mr. Turek, Art Schuber and Bill Gonzales. If I can bej^f assistances in resolving this matter, please do not hesitate to contact me. Sincerely, ^^ ' •&&Zl^&bbts*BEARD HOBBS FBH/cm cc: Turek Development Company, Inc. I ////£" •51 I I!*ii ?s I r 02/05/1999 City of Carlsbad Plan Check Revision Permit No:PCR99046 Building Inspection Request Line (760) 438-3101 Job Address: Permit Type: Parcel No: Valuation: Reference #: Project Title: 1165 CAPE AIRE LN CBAD PCR 2061402900 Lot#: 0 $0.00 Construction Type: NEW DECK REVISION Status: ISSUED Applied: 02/01/1999 Entered By: JM Plan Approved: 02/05/1999 Issued: 02/05/1999 Inspect Area: Applicant: BILL GONZALEZ 9712HALBERNSBL SANTEE CA 92071 619-258-0477 Total Fees: $109.00 Plan Check Revision Fee Owner: TH RUSSELL K III&CYNT iceDue: $109.00 Inspector: FINAL APPROVAL Date:Clearance: NOTICE: Please take NOTICE that approval of your project includes the "Imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to as fees/exactions." You have 90 days from the date this permit was issued to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedures set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capactiy changes, nor planning, zoning, grading or other similar application processing or service fees in connection with this project NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD 2075 Las Palmas Dr., Carlsbad, CA 92009 (760) 438-1161 PERMIT APPLICATION CITY OF CARLSBAD BUILDING DEPARTMENT 2075 Las Palmas Dr., Carlsbad CA 92009 (760)438-1161 FOR OFFICE USE ONLY PLAN CHECK NO, EST. VAL. • Plan Ck. Deposit Validated By Date Address (include Bldg/Sulte t)Business Name (at this address) Legal Description Lot No.Subdivision Name/Number Unit No.Phase No.Total # of units t Parcel * Hfcvttj "/j fa/CL- Existing Use Proposed Use Description of Work SQ.FT.#of Stories * of Bedrooms # of. Bathrooms Name Address City .State/Zip Telephone # Name Addreas Cttv State/Zip Telephone # (Sec. 7031.5 Business and Professions Code: Any City or County which requires a permit to construct, alter, improve, demolish or repair any structure, prior to its issuance, also requires the applicant for such permit'to file a signed statement that he is licensed pursuant to the provisions of the Contractor's License Law [Chapter 9, commending with Section 7000 of Division 3 of the Business and Professions Code) or thst he is exempt therefrom, and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars [9500)). 'Name State License * Address License Class City State/Zip City Business License * Telephone f Designer Name State License t Address City Stste/Zip , Telephone Workers' Compensation Declaration: I hereby affirm under penalty of perjury one of the following declarations: Q I have and will maintain a certificate ot consent to self-insure for workers' compensation as provided by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. O I have and will maintain workers' compensation, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. My worker's compensation insurance carrier and policy number are: • Insurance Company ' Policy No. Expiration Date (THIS SECTION NEED NOT BE COMPLETED IF THE PERMIT IS FOR ONE HUNDRED DOLLARS 1*100] OR LESS) D CERTIFICATE OF EXEMPTION: I certify that in the performance of the work for which this permit is issued, I shall not employ any parson in any manner so as to become subject to the Workers' Compensation Laws of California. WARNING: Failure to secure worker*' compensation coverage la unlawful, and anal subject an employer to criminal penalties and dvH fines up to one hundred thousand dollars 1*100,000). In addition to the coat of compensation, damages aa provided for hi Section 3706 of the Labor code. Interest and attorney's fees. SIGNATURE ; • ' ' DATE I hereby affirm thst I sm exempt from the Contractor's License Law for the following reason: CD I, as owner of the property or my employees with wages as their sole compensation, will do the work and the structure is not intended or offered for'sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner-builder will have the burden of proving that he did not build or Improve for the purpose of sale). O I. M owner of the property, am exclusively contracting with licensed contractors to construct the project (Sac. 7044, Business and Professions Code: The Contractor's License Law does not a'pply to an owner of property who builds or improves thereon, and contracts for such projects with contractor(s) licensed pursuant to the Contractor's License Law). Q I am exempt under Section ____ Business and Professions Code for this reason: 1. I personally plan to provide the major labor and materiels for construction of the proposed property improvement. O YES QNO 2. I (have /have not) signed an application for a building permit for the proposed- work. . 3. I have contracted with the following person (firm) to provide the proposed construction (include nsme / address / phone number / contractors license number): 4. I plan to provide portions of the work, but I have hired the following person to coordinate, supervise and provide the major work (include name 7 address / phone number / contractors license number): 5. I will provide some of the work, but I have contracted (hired) the following persons to provide the work indicated (include name / addreaa / phone number / type of work): • . . PROPERTY OWNER SIGNATURE DATE Is the applicant or future building occupant required to submit a business plan, acutely hazardous materials registration form or risk management and prevention program under Sections 2560S, 25533 or 25534 of the Presley-Tanner Hazardous Substance Account Act? D YFff Q NO " Is the applicant or future building occupant required to obtain a permit from the air pollution control district or air quality management district? O YES D NO Is the facility to be constructed within 1,000 feet of the outer boundary of a school site? Q YES D. NO IF ANY OF THE ANSWERS ARE YES, A FINAL CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED UNLESS THE APPLICANT HAS MET OR IS MEETING THE REQUIREMENTS OF THE OFFICE OF EMERGENCY SERVICES AND THE AIR POLLUTION CONTROL DISTRICT. I hereby affirm that there is a construction lending agency for the performance of the work for which this permit is issued (Sec. 3097(i) Civil Code). LENDER'S NAME LENDER'S ADDRESS ~ — ———••————""'——"•—-» » u. uuj i'»"»''»»™«^»»^^.i«ii»^ii»ii»iii«»Ktiraip|»^ I certify that I have read the application and state that the above information is correct and that the information on the plana is accurate. I agree to comply with all City ordinances and State lawa relating to building construction. I hereby authorize representatives of the City of Carlsbad to enter upon the above mentioned property for inspection purposes. I ALSO AGREE TO SAVE, INDEMNIFY AND KEEP HARMLESS THE CITY OF CARLSBAD AGAINST ALL LIABILITIES JUDGMENTS, COSTS AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE OF THE GRANTING OF THIS PERMIT. OSHA: An OSHA permit is required for excavations over 5'0' deep and demolition or construction of structures over.3 stories in height. EXPIRATION: Every permit issued by the Building Official under the provisions of this Coda shall expire by limitation and become null and void if the building or work authorized-by such permit Is not commenced within 365 days from the data of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days (Section 106.4.4 Uniform Building Code). suspenoea APPLICANT'S SIGNATURE DATE WHITE: File YELLOW: Applicant PINK: Finance Q APPLICANTa JURIS. Q PLAN REVIEWER _ Corporation In Partnership witli Government (or Building Safety Raenette 7604380894 DATE: February 5, 1999 JURISDICTION: Carlsbad Q FILE PLAN CHECK NO.: 97-2689 REV (FCR 99O46) SET: I PROJECT ADDRESS: 1 165 Cape Alre Lane PROJECT NAME: HoUingsworth Deck Revision The plans transmitted herewith have bien corrected where necessary and substantially comply with the jurisdiction's building codes. J The plans transmitted herewith will substantially comply with the jurisdiction's building codes when minor deficiencies identified below are resolved and checked by building department staff. The plans transmitted herewith have significant deficiencies identified on the enclosed check list and should be corrected and resubmitted for a complete recheck. The check list transmitted herewith is for your information. The plans are being held at Esgil Corporation until corrected plans are submitted for recheck. (! The applicant's copy of the check list is| enclosed for the jurisdiction to forward to the applicant contact person. j [~] The applicant's copy of the check list h|as been sent to: Corporation staff did not advise the applicant that the plan check has been completed. Esgil Corporation staff did advise the applicant that the plan check has been completed. Person contacted: Bill Gonzalez Telephone #: appt. Date contacted: 2/5/99 (by: kc) Fax #: Mail Telephone Fax In Person REMARKS: 1. EsGil Corporation did not perform the plan review for the original project. This review was limited to the deck revision ONLY. 2. There are numerous inked-in changes made by the engineer. The inspector should verify that these were accomplished in the field. 3. The plans are being hand-carried back to the City by the applicant. By: Kurt Culver Enclosures: City-approved plans Esgil Corporation D GA D MB D EJ D PC 2/1/99 tmsmtLdot 9320 Chesapeake Drive, Suite 208 * San Diego, California 92123 4 (619)560-1468 4- Pax (619) 560-1576 TO'd Tt7:t7l 66, OT Bny 9<iSI09S6T9T:xej Carlsbad 97 2689 REV (PCR99O46) February 5, 1999 1 VALUATION AND PLAN CHECK FEE JURISDICTION: Carlsbad ! (PCR 99046) j PREPARED BY: Kurt Culver | } BUILDING ADDRESS: 1165 Cape Aire Lanei BUILDING OCCUPANCY: i PLAN CHECK NO.: 97-2689 REV DATE: February S, 1999 TYPE OF CONSTRUCTION: BUILDING PORTION Air Conditioning Fire Sprinklers TOTAL VALUE BUILDING! AREA (ft.2i i$ VALUATION MULTIPLIER VALUE ($) D 199 UBC Building Permit Fee JD Bldg. Permit Fee by ordinance: $ D 199 UBC Plan Check Fee JD Plan Check Fee by ordinance: $ Type of Review: Q Complete Review Q Structural Only Q Hourly D Repetitive Fee Applicable I D Other: Esgil Plan Review Fee: Comments: Deck revision: Esgil fee =j> 1 h'r, @ $87.1S/hr. $ 87.15 Sheet 1 of 1 macvalue.doc 5196 Tl?:t7T 66, OT D D D DV PLANNING DEPARTMENT BUILDING PLAN CHECK REVIEW CHECKLIST Plan Check No. CB Planner APN: Greg Fisher Address 1/6T Phone (619) 438-1161, extension Type of Project & Use: Zoning: i^"' General Plan: /?c/f CFD (in/out) # Circle One Date of participation: Net Project Density: DU/AC _ Facilities Management Zone: / Remaining net dev acres: (For non-residential development: Type of land used created by this permit: ) Legend: |XI Item Complete (j~1) Item Incomplete - Needs your action Environmental Review Required: YES NO TYPE DATE OF COMPLETION: Compliance with conditions of approval? If not, state conditions which require action. Conditions of Approval: Discretionary Action Required: APPROVAL/RESO. NO. PROJECT NO. YES NO TYPE DATE OTHER RELATED CASES: Compliance with conditions or approval? If not, state conditions which require action. Conditions of Approval: V Coastal Zone Assessment/Compliance Project site located in Coastal Zone? YES >- NO CA Coastal Commission Authority? YES If California Coastal Commission Authority: Contact them at - 3111 Camino Del Rio North, Suite 200, San Diego CA 92108-1725; (619) 521-8036 Determine status (Coastal Permit Required or Exempt): Coastal Permit Determination Form already completed? YES If NO, complete Coastal Permit Determination Form now. Coastal Permit Determination Log #: Follow-Up Actions: 1) Stamp Building Plans as "Exempt" or "Coastal Permit Required" (at minimum Floor Plans). 2) Complete Coastal Permit Determination Log as needed. nan nan ana a a Inclusionary Housing Fee required: YES NO (Effective date of Inclusionary Housing Ordinance - May 21, 1993.) Data Entry Completed? YES NO (Enter CB #; UACT; NEXT12; Construct housing Y/N; Enter Fee Amount (See fee schedule for amount); Return) Site Plan: 1. Provide a fully dimensional site plan drawn to scale. Show: North arrow, property lines, easements, existing and proposed structures, streets, existing street improvements, right-of-way width, dimensional setbacks and existing topographical lines. 2. Provide legal description of property and assessor's parcel number. Zoning: 1. Setbacks: Front: Interior Side: Street Side: Rear: 2. Accessory structure Front: Interior Side: Street Side: Rear: Structure separation 3. Lot Coverage: Required Required Required Required setbacks: Required Required Required Required : Required Required Shown Shown Shown Shown Shown Shown Shown Shown Shown Shown D D 4. Height:Required Shown n n n 5. Parking: Spaces Required Guest Spaces Required Additional Comments Shown Shown /toe stfl +<yH OK TO ISSUE AND ENTERED APPROVAL INTO COMPUTER DATE Lateral Analysis **************, Seismic V=ZIC/RwW Roof DL Ext. Wall DL Int. Wall DL T. Load V=.183W Wind P=CeCqQslw Roof Roof 0.4 x 1 x Ox 1 X 20 x 20+10 x Ox 2.75 / 10x 4.75x Ox 6x 8 15 0 W = = = = 0.1 833 W 1600 2137.5 0 = 0.183 x 3738 0.72 x 10x 20 x 1.3 x 5x 5x 3737.5 Ib V/A 685.21 3.426042 \ 12.6x 11.79 11.79 11.794 psf 589.68 Ib 1179.4 Ib Wind Governs Seismic Governs \J Roof • Line 1 Fw= Fs= a= b= L=2.8+2.8= A=a*b= V=F*A/2= V=Sum.v= v=V/L= 3.41 20.00 14.00 5.60 280.00 477.40 477.40 85.25 plf 0.00 0.00 0.00 0.00 (« W T-'-« .\ / *" Check uplift Roof**************** __ . .. . _ .„„„..„___._._._. ._JJnfiL.l - , - , .... .. .._.... , ~ - ._ 1= 2.80 2.80 H= 9.50 5.00 W= 13.00 8.00 v= 85.25 OTM=v*H*l= 2,267.65 RM,s=W*H*l*l/2*.85= 411.50 133.28 0.00 RM,w=W*H*l*l/2*2/3= 0.00 0.00 0.00 RM= 544.78 F=(OTM-RM)/I= 615.31 Ib A. Bolts OK. Stanley J. Riney Attorney at Law 7777 Alvarado Rd., La Mesa, CA 91941 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address}TELEPHONE NO.: #120735 (619)460-6054 Fax:(619)464-3824 Ste. 619 ATTORNEY FOR (Name): NAME OF COURT: Superior Court of California STREET ADDRESS: 32 5 S. MelrOS6 MAILING ADDRESS: criYAND ZIP CODE: Vista, CA 92083-6627 BRANCH NAME North County Branch/Limited Jurisdiction PLAINTIFF/PETITIONER: TUREK DEVELOPMENT COMPANY, INC. DEFENDANT/RESPONDENT: RUSS ROLLINGS WORTH, et al. FOR COURT USE ONLY CIVIL SUBPENA Duces Tecum CASE NUMBER: 184479 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (NAME): PATRICK KELLY 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below UNLESS you make a special agreement with the person named in item 3: a. Date: 2/16/99 Time: 9:30 a.m. El Dept: 21 b. Address: 325 S. Melrose, Vista, CA 92083-6627 Div.:I i Room: 2. AND YOU ARE a. ET1 ordered to appear in person. b. I I not required to appear in person if you produce the records described in the accompanying affidavit and a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 1 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attorney or party shown at the top of this form. c. I i ordered to appear in person and to produce the records described in the accompanying affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records is required by this subpena. The proce- dure authorized by subdivision (b) of section 1560, and sections 1561 and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpena. 3. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name: Stanley J. Riney b. Telephone number (619) 460-6054 4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 3. DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: February 12, 1999 S.tanl.ey J. Rine.y. (TYPE OR PRINT NAME)3NATURE OF PERSON ISSUING SUBPENA) Attorney at Law (TTTLE) (See reverse for proof of service) Form Adopted by Rule 982 Judicial Council of California982(a)(15) [Rev. January 1.1991] Martin Dean's Essential FormsTM CIVIL SUBPENA Stan 1 EC Code of Civil Procedure, §§ 1985,1986,1967 PLAINTIFF/PETITIONER: TUREK DEVELOPMENT COMPANY, INC. DEFENDANT/RESPONDENT: RUSS ROLLINGS WORTH, et al. CASE NUMBER: 184479 PROOF OF SERVICE OF CIVIL SUBPENA 1. I served this served as follows: Subpena Subpena Duces Tecum and supporting affadavit by personally delivering a copy to the person a. Person served (name) : Patrick Kelly b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees (check one): (1) Ql were offered or demanded and paid. Amount $ (2) Qj were not demanded or paid. f. Fee for service: $ 2. I received this subpena for service on (date) :February 12, 1999 3. Person serving: a. 1X1 Not a registered California process server. b. ^J California sheriff, marshal, or constable. c. n Registered California process server. d. 1 I Employee or Independent contractor of a registered California process server. e. Q[ Exempt from registration under Bus. & Prof. Code section 22350(b). f. dU Registered professional photocopier. g. I I Exempt from registration under Bus. & Prof. Code section 22451. h. Name, address, and telephone number and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct. Date: (SIGNATURE)(SIGNATURE) 98?(a)(15) [Rev. January 1,1991] Martin Dean's Essential Forms^ PROOF OF SERVICE CIVIL SUBPENA Stan 1 EC Page two rx ^?r^Jt^ <£ 7t> r 4. ^^0