,1wI—u I,

ATtORNEY OR PARTY WtrHOUTATtORNEY (Nanw. Slan 5rnwñb,r, and adcIia):

Jonathan R. Bass (SB 075779); Lauren S. Kàwal (SB# 224976); Charmaine Yu ($B# 220579)Coblentz, Patch, Duffy & Bass LIPOne Montgomery Street, Suite 3000

• San Francisco, CA 94104TELEPHONE NO.: (415) 397-4500 pp,XN0.: (415) 989-1663

ATtORNEY FOR (Name): PlaintiffsSUPERIOR CO URT OF CALiFORNIA, COUNTY OF SANTA CLARA

ro’ceass: 191 N. First StreetMAILING ADDRESS: -

CIWANOZJPCCDE San Jose CA 95113BRANCH NAME Civil

FOR COURT USE ONLY

(ENDORSED)FILED

JAN 6 2011’fl CL’ ¶ rL-. ‘:-

SUPEiDOR COtiRT OF CAGOUNTY OF SANTA CLARA

DEPUTY

T,NGOCASE NAME: FORTY NINERS STADIUM MANAGEMENT. COMPANY LLC, et al.v. SANTA CLARASTADIUM AUTHORITY, et at., and DOES 1-20

CIVIL CASE COVER SHEET I Complex ease Designation SEM •‘

0 UnlimIted El Limited I ii Counter bEnder 1 ‘7 C V 30 4 9 0 3(Amount (Amount Idemanded demanded Ió I Filed with first appearance by defendant JUDGE.

exceeds $25,000) $25,000 or less) I fCaJ. Rules’ of Court, rule 3.402) DEPT:

- -... Items 1—6 below must be completed (see instructions on pane 2).

1. Check one box below for the case type that best describes thIs case:• Auto Tort Contract Proi,islonalty Complex Civil litigation

El Auto (22) El Breadh of contractlwarrantS, (06) (Cal. Rules of Court, rules 3.400—3.403)

El uninsured motorIst (46) 0 Rule 3.740 collectIons (09)’ 0 MUttUsUTraUe regulatIon (03)Other PIIPDIIND fPersonat InjurylProperty U Other collections (09) . El Construction detect (10)Damagë!Wreflgful Death) Tort El coverage (18) El Mass tort (40) - -

El Asbestos (04) El Other contract (37) El Securities litIgation (28)El Product liabilIty (24) Real Proprty V Envlronmentalttoxlctoit (30)D Medical malpractice (45) 0 Eminent domal&inverse El InsUrance coverage claims arising from the0 Other PUPDIWD (23) cOndemnation (14) V ‘ , above listed provisionally complex case

V

NonPUPDIWD (Other) Tort El Wrongful evictIon (33)V

types (41) V’V

V

El Business tort!unfair business practIce (07) V Q’ Other real propertyf26) V

V V

Enforcement of Judgme,it V

El Civil tights (OS). Unlawful Détainer V El Enforcement of judgment (20)

El Defamation (73) V Q Commercial (31) ‘ V MIscellaneoUs Clvii Complaint

0 FraUd (16) El Residential (32) El RiCO (27)

El Intellectual property (19) El Drugs f38)V

0 Other complaint (not specified above) (42)V Q Professional ne’gilgence (25) JudicIal Review Miscellaneous Civil Petition

El Other non-P1IPDFWD tort (35) El Asset forfeiture (05) ‘ V Q Partnership and corporate governance (21)

Employment El Petition re: arbifration award (if) El- Other petition (not specified above) (43)

0’ Wrongful tecninallon (36) ‘ U Writ of mandate (02) V

fl V

V Oth’erernployment(15)V

OtherJudiclai review(39) V

V

V

2, This case El is 0 is not complex under rule 3.400 of the California Rules of Court. If the case Is comp!ex, mark thefactors requiting exceptional judicial nianagementi V ‘ V

a. Large number of separately represented parties : U. 0 Large number of witnesses . ‘

b. El Extensivemotlo piacuce raising dIticultor novel e.VU Coordlriatton with related actionspending VIfl one or more COUrtS

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal courtV

V

‘c. C Substantial amount of documentary evidence f. C] Substantial pastjuUgment judicial supervision ‘

V

3. RemedIes sought (check aN thatapply): a. U monetary b-0 nonmonetaly; declaratory or Injunctive relief c. El punitive4. Number of causes of action specIfy,l:1WO V .

V V

5. ThIs case El Is 0 Is not a class ‘action suit.’ V

V

V

V

6. If there are any known related cases, file and serve•a notice’ of related ca ou may use for 0 . .

Date: January 6,2017 V ‘ - V

Jonathan R. Bass l ‘

V

• (tYPE OR PRINT NAME) V 5IGWREQp PARTY OR ATrORNEY FOR PARTY)

-- NOTICE ‘ V ‘ - V

.‘ Plaintiff must file this cover sheet with the first paper filed In the action pro eeding (except small claims cases or cases filedunder the Probate Code, Family Code, orWeliäre and Institutions Code. at. Rutes of Court, rule 3.220.) Failure to file may resultin sanctions. ‘ . - V

• V

• File this cover sheet in-addition to any cover sheet required by local court mis. • V V

• If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this covet sheet on all V

other parties to the action or proceeding. V ‘ V - -

a Unless this Is acoilections case under rule 3.740 or a complex case, this cover sheet will be used for-statistical purposes onjy.V yag1of2

FwmMapted tar Mandaloty Uaa• JudIcial caupdl alCallkmIa

cM-OW(Rv. Ju1yi,2OO7 -

CIVIL CASE COVER SHEET Cal. Rules ctCourt. wIcs 2.30,3.220, 3A00-a.405, 3J40V •

T%\)(EC srds of luddal Admffilstrafop, aid. 3.10

•

‘ r” - v.w#.courtlnro.cagov

•

[VVJVVVVVVVVVVVVVVVVVV

V

II

ATTACHMENT CV-5012

CIVIL LAWSUIT NOTICESuperior Court of California, County of Santa Clara CASE NUMBER: 1 7 C V 30 4 9 $191 N. First St., San Jose, CA 95113

PLEASE READ THIS ENTIRE FORM

PLAINTIFF (the person suing): Within 60 days after filing the lawsuit, you must serve each Defendant with the Complaint,

Summons, an Alternative Dispute Resolution (ADR) Information Sheet, and a copy of this Civil Lawsuit Notice, and you must tilewritten proof of such service.

DEFENDANT (The person sued): You must do each of the following to protect your rights:

1. You must file a written response to the Complaint, using the proper legal form or format, in the Clerk’s Office of theCourt, within 30 days of the date you were served with the Summons and Complaint

2. You must serve by mail a copy of your written response on the Plaintiff’s attorney or on the Plaintiff if Plaintiff has noattorney (to ‘serve by mail” means to have an adult other than yourself mail a copy); and

3. You must attend the first Case Management Conference.

Warning: If you, as the efenUant, do not follow these instructions,you may automatically lose this case.

RULES AND FORMS: You must follow the California Rules of Court and the Superior Court of California, County of Santa ClaraLocal Civil Rules and use proper forms. You can obtain legal information, view the rules and receive forms, free of charge, fromthe Self-Help Center at 99 Notre Dame Avenue, San Jose (408-882-2900 x-2926), www.scselfservice.org (Select “Civil) or from:

State Rules and Judicial Council Forms: www.courtinfo.ca.oovlforms and www.courtinfoca.govlrules• Local Rules and Forms: http:l/www.sccsuperiorcourt.orqlcivilirulel toc,htm

CASE MANAGEMENT CONFERENCE tCMC): You must meet with the other parties and discuss the case, in person or bytelephone, at least 30 calendar days before the CMC. You must also fill out, tile and serve a Case Management Statement

(Judicial Council form CM-I 10) at least 15 calendar days before the CMC.

You or your attorney must appear at the CMC. You may ask to appear by telephone — see Local Civil Rule 8,

Your Case Management Judge is: William Elfving Department: 3

The 1 CMC is scheduled for: (Cam

Date:

______________________

Time: 2:15pm in Department: 3

The neit CMC is scheduled for: (Completed by party if the 1’ CMC was continued or has passed)

Date:

_________________________

Time:

__________

in Department:__________

ALTERNATIVE DISPUTE RESOLUTION (ADR): if all parties have appeared and filed a completed ADR Stipulation Form (localform CV-5008) at least 15 days before the CMC, the Court will cancel the CMC and mi1 notice of an ADR Status Conference.Visit the Courts website at www.sccsuoeriorcourt.org/civil/ADRI or call the ADR Administrator (408-882-2100 x-2530) for a list ofADR providers and their qualifications, services, and fees.

WARNING: Sanctions may be imposed if you do not follow the California Rules of Court or the Local Rules of Court.

Form CV-5012 REV7JOI,’08 CIVIL LAWSUIT NOTICE Page 1 of I

V

SANTA CLARA COUNTY SUPERIOR COURTALTERNATIVE DISPUTE RESOLUTION

INFORMATION SHEET

Many cases can be resolved to the satisfaction of all parties without the necessity of traditional litigation, which can be expensive, timeconsuming, and stressful. The Court finds that it is in the best interests of the parties that they participate in alternatives to traditionallitigation, including arbitration, mediation, neutral evaluation special masters and referees, and settlement conferences. Therefore, allmatters shall be referred to an appropriate form of Alternative Dispute Resolution (ADR) before they are set for trial, unless there is goodcause to dispense with the ADR requirement.

What is ADR?ADR is the general term for a wide variety of dispute resolution processes that are alternatives to litigation. Types of ADR processesinclude mediation, arbitration, neutral evaluation, special masters and referees, and settlement conferences, among others forms.

What are the advantages of choosing ADR instead of litigation?ADR can have a number of advantages over litigation:

• ADR can save time. A dispute can be resolved in a matter of months, or even weeks, while litigation can take years.

• ADR can save money. Attorney’s tees, court costs, end expert fees can be reduced or avoided altogether.

• ADR provides more participation. Parties have more opportunities with ADR to express their interests and concerns, insteadof focusing exclusively on legal rights.

ADR provides more control and flexibility. Parties can choose the ADR process that is most likely to bring a satisfactoryresolution to their dispute.

• ADR can reduce stress. ADR encourages cooperation and communication, while discouraging the adversarial atmosphere oflitigation. Surveys of parties who have participated in an ADR process have found much greater satisfaction than with partieswho have gone through litigation.

What are the main forms of ADR offeredhy the Court?Mediation is an informal, confidential, flexible and non-binding process in the mediator helps the parties to understand the interests ofeveryone involved, and their practical and legal choices. The mediator helps The parties to communicate better, explore legal and practicalsettiement options, and reach an acceptable solution of the problem. The mediatordoes not decide the solution to the dispute; the partiesdo.

Mediation may be appropriate when:

• The parties want a non-adversary procedure

The parties haie a continuing business or personal relationship

• Communication problems are interfering with a resolution

There is an emotional element involved

• The parties are interested in an injunction, consent decree, or other form of equitable relief

Neutral evaluation, sometimes called “Early Neutral Evaluation” or “ENE”, is an informal process in which the evaluator, an experiencedneutral lavyer, hears a compact presentation of both sides of the case, gives a non-binding assessment of the strengths and weaknesseson each side, and predicts the likely outcome. The evaluator can help parties to identify issues, prepare stipulations, and draft discoveryplans. The parties may use The neutral’s evaluation to discuss settlement.

Neutral evaluation may be appropriate when:• The parties are far apart in their view of the law orvalue of the case• The case Involves a technical issue in which the evaluator has expertise• Case planning assistance would be helpful and would save legal fees and costs• The parties are interested in an injunction, consent decree, or other form of equitable relief

-over-

ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEETCIVIL DIVISION

CV-5003 REV 8126113

Arbitration is a less formal process than a trial, with no jury. The arbitrator hears the evidence and arguments of the parties and thenmakes a written decision. The parties can agree to binding or non-binding arbitration. In binding arbitration, the arbitrator’s decision is finaland completely resolves the case, without the opportunity for appeal. In non-binding arbitration, the arbitrator’s decision could resolve thecase, without the opportunity for appeal, unless a party timely rejects the arbitrator’s decision within 30 days and requests a trial. Privatearbitrators are allowed to charge for their time.

Arbitration may be appropriate when:The action is for personal injury, property damage, or breach of contract

Only monetary damages are soughtWitness testimony, under oath, needs to be evaluated

An advisory opinion is sought ftom an experienced litigator (if a non-binding arbitration)

Civil Judge ADR allows parties to have a mediation or settlement conference with an experienced judge of the Superior Court, Mediationis an informal, confidential, flexible and non-binding process in which the judge helps the parties to understand the Interests of everyoneinvolved, and their practical and legal choices. A settlement conference is an informal process in which the judge meets with the parties ortheir attorneys, hears the facts of the dispute, helps identify issues to be resolved, and normally suggests a resolution that the parties mayaccept or use as a basis forfurther negotiations. The request for mediation or settlement conference may be made promptly by stipulation(agreement) upon the filing of the Civil complaint and the answer. There is no charge for this service.

Civil Judge ADR may be appropriate when:. The parties have complex facts to review

a The case involves multiple parties and problems

‘ The courthouse surroundings would he helpful to the settlement process

Special masters and referees are neutral parties who may be appointed by the court to obtain information or to make specific factfindings that may lead to a resolution of a dispute.Special masters and referees can be particularly effective in complex cases with a number of parties, like construction disputes.

Settlement conferences ate informal processes in which the neutral (a judge or an experienced attorney) meets with the parties or theirattorneys, hears the facts of the dispute, helps identify issues to be resolved, and normally suggests a resolution that the parties mayaccept or use as a basis for further negotiations.Settlement conferences can be effective when the authority or expertise of the judge or experienced attorney may help the parties reach aresolution.

What kind of disputes can be resolved byADR?Although some disputes must go to court, almost any dispute can be resolved through ADR, This includes disputes invoMng businessmatters; civil rights; collections; corporations; construction; consumer protection; contracts; copyrights; defamation; disabilities;discrimination; employment; environmental problems; fraud; harassment; health care; housing; insurance; intellectual property laborlandlord/tenant; media; medical malpractice and other professional negligence; neighborhood problems; partnerships; patents; personalinjury; probate; product liability; properly damage; real estate; securities: sports; trade secret; and wrongful death, among other matters.

Where can you get assistance with selecting an appropriate form ofADR and a neutral for your case, information about ADRprocedures, or answers to other questions about ADR?

Contact:Santa Clara County Superior CourtADR Administrator408-882-2530

Santa Clara County DRPA Coordinator408-792-2784

ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEETCIVIL DIVISION

cv-soas REV 6126113

SUM-I 00

SUMMONS FOR COURTUSEONLYpffq I9.Dj CORTE

ITAION JUDICIAL) tEurt.wNOTICE TO DEFENDANT: F I LED(AVISO AL DEMANDADO):LIsa.M. GlIlmor In her official capacity as Chairperson of the Board of the Santa JAN — .201?Clara Stadium Authority

YOU ARE BEING SUED BY PLAINTIFF.fLO ESTA DEMANDANDO EL DEMANDANTE,I:

. COUNTY OF SANTA CLARAForty Niners Stadium Management Company LLG,a Delaware limited Ilabflity BY . DEPUTYcompany, and Forty Nlners,SC Stadium Company LLC, a Delaware limited .

(iabiHty company .

. T NGONOTICE1 You have been sued. The court may decide against you without your beIng heard unless you respond wlthin”30 days. Read the informationbelow. ,.

You have 30 CALENDAR DAYS after this supmons and legal papers are served on you to file a vrItten response at this court and have a copyserveä on the plaintiff. A letter or phone call wIN not protect you. Your written response must be In proper legal form If you want the court to hear yaurcase. There may be e court (arm that you can use for your response. You can find these court forms and more information at the Càflfomia CourtsOnline Self-Help Center (www.courtlnfa.cagay/sellhelp), your county law library, or the courthouse nearest you, If you cannot pay the filing fee, askthe court clerk for a fee waiver form. if you do not tile your response on time, you may lose the case by detault, and your wages, money, and propertymay be taken without further warning from the court, ..

There are other legal requirements. You may.warit to call an attorney right away, It you do not know an attorney, you may want to call an attOrneyreferral service. if yoi cannot afibrd an attorney, you may be elIgible for free legal services. from a nonprofit legal services program. You can locatethese nonprofit groups at the CalifornIa Legal Services Web sle fwww.Iawheipcallfomiao!9), the California Courts Online Self.Heip Center(www.courtk?fo.cagovlsoffhelp), or by contacting your local court or county bar association. NOTE: The court has a statutOry lien for waived fees andcosts on any settlement or arbitration award of $10,000 or more In a civil case. The court’s lien Must be paid before the court will dIsmiss the’ case. *

$WSOI Co hen’demandado.-Sl no responde dentro do 30 dtas, Ia carte puodo decidiren su contra sin escuoharsu versiân. Lea (a lnfa,maclón a

conhlnuación. . ‘ * . ‘ *

Tlene 30 DIAS DE CALENDARIO despuOs do quo to ontreguon esta cftacldnypapelas legales pare presenter una respuesta pot escrito en estacarte y hacer qua so enfregue ama copia at demandante. Una carte a una liamada teiefonica no to protegen. Su respuodta pot escrito tiene qtle esteren fcimato legal carrecto a! dasea qua precesen su caso en Ia carte. Es posibie quo hays tin farmularld que usted pueda userpara su respueste.Aieda. encontrar estos formuiarlos de le aorta ymâs informaciön en at Centre do Ayuda do (as Coites do California (waw:sucorte.ca.gov), en Isbibioteca a’s Ieyes’de su condado a en is carte quo to quode mae corca. SI no puede pagar is cuota do presentaclOn, pida a! secretaria de Ia carteque to do unformuierlo do oxencidn do pago do cuotas. Sino presents su respuosts a tiempo, puerto perdor eI caso porlncumpi(mionto-y Ia carte to

• aoth qultar su sueWo, dinero y blanes sin mdc advertencla.Hay otms requisites legates. Esrecomendabtè quo 11dmp a un abogado Inmediatamente. SI no conoce a un abogadp, puede !iamara tin sewiclo do

remlsfön a ebogadas. Sino puaae pager a tin ebpgea’o, as poslbie quo cumpia con (as raqulsitoc pars obtener ser%cios tagaies gratuulos do tinprograma do sendc!as legates sin fines !ã lucia. Puerto encontrarestos gwpos sin fines do lucre anal attic web do California Legal SqMces.(www.lawhcipcailfomla.org), one! Centre de’Ayuda do los Cortos do California, (www.sucorte.ca.gov) a ponlóna’ose en contacto con Ia carte aolcoleglo do abogados locales, AVISO: Porley, Ia carte hone derecho a reclamarias cuotasylos coshas exentos par imponor tin gravamen sabreauatqulorrecupemclOn do $10,000 6 mdc do valor reoibWa madiante tin acuerdo:a unacanceslãn do arbitraje en un casO do derecho cMi. Tiono quapager el grevamen do Ia carte antos do qua Ia carte puada dosochar el caso.

The nme and address of the courtis: ‘ - .‘ CASE NUM8ER

(El nambre ydlreccidn do Ia carte es): -.

tM11,° °‘tV C V 30 4 9 0 3Santa Clara Superior Court -

________________________________

191 N. First Street • - -

San]ose,CA95113 -- -

The name address, and telephone number of plaIntiffs attorney, or plinliff without an attorney, is:-(El nombre, la dirección ye! ni7mero do telófono del abogadddel domandanto, a del demandante qua no hone abogado, es):Jonathan R. Bass, Lauren S. Kowal, Charm aine G. Yu -

Cobtentz, Patch, Duffy & Bass LLP *

DATE:Mftc CA 94104, Teièphone,41 5-391-480orF69-1663

,

fFecha,i -

- ht&eculiveofficec1e± (Secretarlo) .- fAdjunto.)

(Far proof ofservice of this summons, use Proof of Service of Summons (farm P08-OlD).) -

(Para prueba cia enfrega do esta cliatiön use a! formularlo Proof of Service of Summons, (P06-010)).ISEALI - - - NOTI TO THE PERSON SERVED: You are served -

-

- 1. - - 1I-as an Individual defendant. •

-2. 0 as the person sued under the flctitIou name of (specify): - -.

3. 0 on behalf of (specify): .

under: Q CCP 416;f 0 (corporatIon) 0 CCP 416.60 (mkior)- 0 CCP 416.20 (defunct corporation) - tJ CCP 416.70 (conseivatee)

0 CCP 416.40 (assocIation or partnership) U CCP 416.90 (authorized person)• -D other (specify): - -

4.- U by personal delivery on (date): . . * -

- - - . - - •P.g.lofl

Fi--D[.ZE__]

LegalNel, I Coda otOvfl Procedure §N 41220, 4s5

‘M.Wf.FOnflCWOrMOW.COm-

Form AdoptedfMandaloty UseJudicial Council of CaliforniaSUM-ISO (ReV. July 1. 2009J

SUM-f 00

SUMMONS FOR COURT USEOWLY

fITAION JUDICIAL) t Euu. LU?

NOTICE TO DEFENDANT: F LEDAVISO AL DEMANDADQ,J;Santa Clara Stadium Authority, a Joint exercise of powers entity JAN —6 1017

• • £YOUARE.BEING SUED BY PLAINTIFF: $UPiOR OURi OF GA(LO ESTA DEMANDANDO EL DEMANDANTEI: 2 COUNTV OF SANTA CLAR,Forty Ninérs Stadium Management Company LLCI a Delaware limited liability y,_______.D1PUT i

company, and Forty Niners.SC Stadium Company LLC, a Delaware limitedliability company

__________________________

NOTiCE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the hilormationbelow. •

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copyserved on the, plainllfL A letter or phone call will not protect you. Your written response must be In proper legal form if you want the court to hear yourcase. Theremay be a couftform that you can use for your response. You can find these court farms and more information at the California CourtsOnline Self-Help Center fwww.couttlnfo.ca.gov/selffielp), your cotinty law library, or the courthusa nearest you. ii you cannot pay the filing fee, askthe court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and propertymay be taken without further warning from the court.

There are other legal requlrements You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorneyrefenal service. If you cannot-afford an attorney, you may be eligIble far free legal services om a nonprofit legal services program. You can locatethese nonprofit groups at the California Legal Services Web site (www.tewhelpcallfamfa.org) the California Courts Online Self-Help Centerfwww.caurllnto.ca.gov/seffheIp), or by contacting your local court or county. bar association. NOTE: The court has a statutory lien for Waived fees andcosts on any settlement or arbitralion award of $10,000 or mote in a civil case. The courrs lien.must be paid before the court will dismiss the case.IAVISOI Lo han Uernandaoo. SI no responde dentrode 30 dIas, Ia carte puede decidlran sri contra sln.escucharsu version. Lea Ia InforrnacIdn acanflhuactón. , .

Vane 30 DM5 DE CALENDAR1O después de.que le entreguen asia citacCOnypapales legates pars pmsentar una respuesta par escrito en asiacarte y hacet quo so entregue una capla at demandanie. Una carte a una liarnada tetofOnlca no Ia protegen. Sri respuesta par escdto tiene quo esteren formato legal correeta si desea qua proceseo sri caso en (a carte. Esposible qua haya un formulatlo qua usted puada ussrpare su respuesla.Puode encontrar eslos farmulatlos cia is carte y mae InformaclOn en a! Centre de Ayuda cia las Cones do California (wiw.sucorte.c.gov), en Isbibiloteca do byes do su condado a en Ia carte quo le queda mas cerca. SI to puede pagar Is cuota do presentaclOn, plUs at secrotado do Ia cartequa Ia dO un farmularla do exanctdn do pago cia cuotas. Si no presenta sri raspuasta a tiempo puede perder a? caso par incumpilmionto yla carte topodra quitar su sueldo,dlnero yblenes sIn mOs adveriecia.

Hay otros requisites legates. Es mcomendable qua blame a rim abogado Inmedlatamente. Slna conace a tin abogado, puede ffamara un ssMclo ciaremIslôn a abagados. SI no puede pager a un abogado, es posible qua cumpla con los requisitospars obtenersarAcios legales gratultos cia unprograms do ser4cles legates sin fines cia Juan,. Puerto encontrarestas gropas sin fines do lucra en at sub web do California Legal Servlcós,(vww.lawheipcallfornla,org), one? Centre deAyuda do las Coifes do California, (www.ucorte.ca.gov) a paniOndose en cantacto canto carte oatcolagle do obogados locales. A VlSI): Parley, Ia carte tieno derecho a mclam.srias cuotasybos castes oxentosporlmponerun gravaman sobmcuaiqulerrecuperaciOn do $10,000 0 mba cia valor tocibida medlante Un acuorda o una conceslOn do arbltraja en un case do deracho cMI, Vene qupager at gravaman do Is carte aotos do quota carte pueda dosocharal caso. C V 30 4 9

• he name and address of the court is: • , CASENUMSER ‘

‘Elnombreyd!rocciônde Ia corte es: tMme,tfdeIcaso: -Santa Clara Superior Court • ,

191 N, First Street - - - ,

.

San Jose, CA 95113 ‘ •

.

The name, address, and telephone numberof plalntiWs attorney, or plaintiff without an attorney, is: - -

(El nombre, ía direcclön y elnümero de te!dfono del abogada del demandante, a del demändanto quo no liens abogado, as):Jonathan R. Bass, Lauren S. Kowal, Charmalne G. Yu •

Cobleñtz, Patqh, Duffy & Bass LLP .

One Montgomery Street, Suite 3000, San Francisco, -CA 94104, Telephone 41 5-391-4800;,,ax 415-989-1663DATE: DAVDR3j • Clerk, by • I. NGO DepuLy(Fecha) JAN — 6 2fll7 ($ocrotarlo) (Adjunte)

(For prod of séMce of this summons, use Proof of Service of Summons (form P05.010).)(Para prueba do enfraga Us esta citatiOn use el formularlo Proof of Service of Summons, (POS-OW)).

LSEe]1 • NOTICE 10 THE PERSON SERVED: You are servedf. Q as an IndIvIdual defendant

• 2. Q as the person sued undedhe fictitious name of (specify):- •

• 3. on behalf of (specify):• under: Q COP 416.10 (corporatIon) • - D CCP416.60 (mInor)

- Q CCP 41 6,20 (defunct corporation) • Q CCP 416.70 fcoñservatee)•

- Q CCP416.40 (association or partnership) COP 416.90 (authorized person)• Bother(specify): ti.T ct-CtSzJ t otiV-c tj.Yfl

4. D by personal delivery-on (date): •

- Paa1of1

Form Adopted tot Mandatoiy Use• Judtdal Coundi ot C&lfonda

SUM-lao [Rev. July 1.2009]

f3UM O,. • - ndcan LagulNel, hiCode of CM Pmcedmo § 4t2.20,46d

rz. E •FomrsWatldlow.cam

1-*

______________________________________________________________

POS-015

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addiess): FOR COURT USE ONLY

Jonathan R. Bass (SB# 075779); Lauren S. Kowal (SB# 224976); Charmaine Yu (SB# 22057‘Coblentz, Patch, Duffy & Bass LLPOne Montgomery Street, Suite 3000San Francisco, CA 94104

TELEPHONE NO.: (415) 391-4800 FAX NO, (Optional):

E-MAIL ADDRESS (OPtional);jrb@cob1enlaw corn lsk@coblentzlaw.com; cgy@coblentzlaw.comATTORNEY FOR (Name): Forty Niners Stadium Management Company, LLC et al.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa ClaraSTREET ADDRESS: 191 N. first StreetMAILING ADDRESS:

CITY AND ZIP CODE:San Jose, CA 95113BRANCH NAMECIvi1

PLAINTIFF/PETITIONER:Forty Niners Stadium Management Company LLC et. a!

DEFENDANT/RESPONDENT: Santa Clara Stadium Authority et a!.

CASE NUMBER:

NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 17CV304903

TO (insert name ofparty being served):Lisa Gilimor

NOTICEThe summons and other documents identified below are being Served pursuant to section 415.30 of the California Code of CivilProcedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you(or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summonson you in any other manner permitted by law.

If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, thisform must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of suchentity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt ofsummons. If you return this form to the sender, service of a summons is deemed complete on the day you sign theacknowledgment of receipt below.

Date of mailing:January 9, 2017 -

Charmaine Yu(TYPE OR PRINT NAME) (SIGNATURE OF SENDER—MU NOT BE PARTY IN THIS CASE)

ACKNOWLEDGMENT OF RECEIPT

This acknowledges receipt of (to be completed by sender before mailing):1. L1 A copy of the summons and of the complaint.

2. EZI Other (specify):Civil Lawsuit Notice, Alternative Dispute Resolution Information Sheet, Civil Case Cover Sheet

(To be completed by recipient):

Date this form is signed:

(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY, (SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IFON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)

________________________

Page 1 of IForm Mopt for Mandatory Use NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code otCflProcedur

POS-015 lRev. January I, 2005j www.couiiinfo.cagov

P05-015

FAX NO, (Optional):

PLAINTIFF/PETITIONER:forty Niners Stadium Management Company LLC et a!

DEFENDANT/RESPONDENT: Santa Clara Stadium Authority et al.

FOR COURT USE ONLY

CASENUMBER:

NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 17CV304903

TO (insert name of party being served):Santa Clara Stadium Authority

NOTICEThe summons and other documents identified below are being served pursuant to section 415.30 of the California Code of CivilProcedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you(or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summonson you in any other manner permitted by law.

If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, thisform must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of suchentity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt ofsummons. If you return this form to the sender, service of a summons is deemed complete on the day you sign theacknowledgment of receipt below.

Date of mailing:January 9, 2017

(To be completed by recipient):

Date this form is signed:

(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY,ON WHOSE BEHALF THIS FORM IS SIGNED)

(SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TiTLE IFACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)

Pade I of IForm Adopted for Mandatory Use

Judicial Council of CaliforniaPOS-015 lRev. January 1,2005)

Code of Civil Procedure,§ 415.30.417.10

w.w.cour1info.ca.gov

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

Jonathan R. Bass (SB# 075779); Lauren S. Kowal (SB# 224976); Charmaine Yu (SB# 22057Coblentz, Patch, Dully & Bass LLPOne Montgomery Street, Suite 3000San Francisco, CA 94104

TELEPHONE NO,: (415) 391-4800E-MAIL ADDRESS (OPtlonaI):jrb@coblentzlaw.com; lsk@coblentzlaw.com; cgy@coblentzlaw.com

ATTORNEY FOR (Name):Forty Niners Stadium Management Company, LLC et al.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa ClaraSTREET ADDRESS: 191 N. first StreetMAILING ADDRESS:

CITY AND ZIP CODE: San Jose, CA 95113BRANCH NAME:Cjvil

(Tharmaine Vii

(SIGNATURE OF SENDER—MUST,(TYPE OR PRINT NAME) A PARTY IN THIS CASE)

ACKNOWLEDGMENT OF RECEIPT

This acknowledges receipt of (to be completed by sender before mailing):1. LJ A copy of the summons and of the complaint.

2. L Other (specify):Civil Lawsuit Notice, Alternative Dispute Resolution Information Sheet, Civil Case Cover Sheet

NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CML

(ENDORSED)rHr

I JONATHAN R. BASS (State Bar No. 75779) -

LAUREN S. KOWAL (State Bar No. 224976)CHARMAThTB G.YIJ(StateBarNo. 220579) JAN 6 2017COBLENTZ PATCH flUFFY & BASS LLP

3 One Montgomery Street, Suite 3000 CL r1San Francisco, California 94104-5500 OF CA

4 Telephone: 415.391.4800 0

Facsimile: 415.989.1663 —.... UTY5 Email: ef-jrbcpdb.com T. NGO

rr ef-lsk@cpdb.com6 ef-cgy@cpdb.com

7 Attorneys for PlaintiffsfortyNiners Stadium Management Company

H LLC, and Forty Niners SC Stadium Company,LLC

9no

I’

10 SUPERJOR COURT OF THE STATE OF CALIFORNIAowi,-! 11 COUNTY OF SANTA CLARA

<UO)

12 Forty Nhiers Stadium Management Company Case No. 17 C V3 049 0 3LLC, a Delaware limited liability company,

13 and FortyNiners SC Stadium Company LLC, COMPLAINT FOR DECLARATORYa Delaware limited liability company, RELIEF

QL 14Plaintiffs, Trial Date: None Set

15

16Santa Clara Stadium Authority, a joint

rn 17 exercise ofpowers entity; Lisa M. Gilimor, in-‘ her official capacity as Chairperson ofthe

18 Board of the Santa Clara Stadium Authority;U and Does 1 through 20,

19Defendants.

00

21

22•0

23

24

25

26

27

2$

i0105.004 3588322v5

COMPLAINT FOR DECLARATORY RELIEF

1 Plaintiffs Forty Niners Stadium Management Company LLC, a Delaware limited liability

2 company, and Forty Niners SC Stadium Company, LLC, a Delaware limited liability company,

3 allege as follows:

4 PARTIES

5 1. PlaintiffForty Niners Stadium Management Company LLC (“Management0

6 Company”) is a Delaware hunted liability company, with its principal place ofbusiness rn the City

7 of Santa Clara, County of Santa Clara, State of California.

8 2. PlaintiffForty Niners SC Stadium Company, LLC (“StadCo”) is a Delaware

9 limited liability company, with its principal place ofbusiness in the City of Santa Clara, County of_°

—J 10 Santa Clara, State of California.ow

11 3. Defendant Santa Clara Stadium Authority (“Stadium Authority”) is ajoint exercise<Ja)

12 ofpowers entity, created through Government Code section 6500 et seq , with its principal place

Li. 13 ofbusiness in the City of Santa Clara, County of Santa Clara, State of California.D

Li. 14 4. Defendant Lisa M. Giflmor is sued herein in her official capacity as Chairperson of

oo 15 the Stadium Authority Board.-‘ rq0.. w 16 5. Plaintiffs are unaware ofthe true identities of the defendants sued herein as Does 1N -

I— a‘! 17 through 20, and will amend this Complaint to state their true names when they have been

‘• 18 ascertained.

19 FACTS COMMON TO ALL CAUSES OF ACTION

20 6. The San Francisco Forty Niners (the “Team”) is a professional football team, and a

21 franchise of the National Football League Pnor to 2014, the Team played its home games in

22 Candlestick Park in the City and County of SanFrancisco.0

23 7. Beginning in 2008, the Team began to consider its options with respect to a.new

24 stadium, because Candlestick Park was functionally obsolete, was no longer suitable as a venue

25 for an NFL team, and could not feasibly be renovated or upgraded. The Team considered possible

26 sites in San Francisco and the City of Santa Clara.

27 8. The City of Santa Clara, through its governing body, thç City Council, expressed

28 interest in the development of a new stadium in that City (the “Stadium”), which the Team would

10105.0043588322v5 1COMPLAINT FOR DECLARATORY RELIEF

1 use for its home games, and which would also be available for use for non-football events.

2 9. The Stadium Authority and StadCo entered into a Stadium Lease Agreement, dated

3 as ofMarch 28, 2012 (“Stadium Lease”).

4 10. The Stadium Authority, StadCo and Management Company entered into a Stadium

5 Management Agreement, dated as ofMarch 28, 2012, a copy ofwhich, as thereafter amended, is0

6 attached as Exhibit A.

7 ‘ 11. In 2014, the Team played its first home game at the new Stadium, and has played

$ its home games at the Stadium at all times since then.

9 12. The Stadium Authority has acted in a manner contrary to its obligations under the

10 Management Agreement, and with the intent of depriving Plaintiffs of the rights and benefits toow6 11 which they are entitled under that agreement. For example:

<uO)

12 Defendants have falsely accused Management Company of having failed to

13 perform its obligations under the Stadium Management Agreement, despite the absence of any

tj 14 good, faith basis for such charges;

a o 15 b. When asked to specify the nature of any failure ofperformance on the part<00

16 ofManagement Company, Defendants failed and refused to do so; and

U) 17 c. Defendants have threatened to terminate the Stadium ManagementJ

18 Agreement, and to replace Management Company with a new stadium management company,uIi

19 despite the absence of any basis under the Stadium Management Agreement to take such action.

20 13. On November 23, 2016, the Stadium Authority sent Management Company a leter

21 purporting to list “potential breaches” of the Stadium Management Agreement. A copy of said

22 letter is attached as Exhibit B.0

23 14. On December 6, 2016, Management Company sent the Stadium Authority the letter

24 attached as Exhibit C.

25 15. On December 20, 2016, the Stadium Authority sent Management Company the

26 letter attached as Exhibit 0.

27 16. On December 22, 2016, Management Company sent the Stadium Authority the

28 email attached as Exhibit E.

10105.0043588322v5 2COMPLAINT FOR DECLARATORY RELIEF

1 17. On January 6, 2017, Management Company sent the Stadium Authority the letter

2 attached as Exhibit F.

3 18. While offering, in formal correspondence, to have its staffmeet with Management

4 Company to discuss and resolve issues concerning the transmission of information and documents,

5 the Stadium Authority refused to engage in good faith discussions with Management Company for0

6 the purpose of resolving whatever differences between the parties may exist. Plaintiffs are

g 7 informed and believe, and thereon allege, that the Stadium Authority has conducted itself in this

$ manner with the aim of eliminating the chance ofa businesslike resolution ofwhatever real or

9 imagined concerns it may have about the operation and management of the Stadium.1°

10 19. Plaintiff are informed and believe, and thereon allege, that the Stadium Authorityow

11 has embarked on a scheme to concoct and fabricate false accusations ofbreach or nonperformance<urn

12 by Management Company in order to create a pretext for terminating the Stadium Management

t 13 Agreement. In fact, no grounds exist under the terms of the Stadium Management Agreement that

- 14 would allow the Stadium Authority to terminate it.

o 15 20 On December 6, 2016, StadCo served the Stadium Authonty with a wntten request,

16 pursuant to Section 14.1.1 of the Stadium Management Agreement, for a certificate stating the

0 “! 17 matters set forth in Section 14.1.1. A copy of said request is attached as Exhibit G.

18 21. On December 6, 2016, Management Company served the Stadium Authority with a

19 written request, pursuant to Section 14.3.1 of the Stadium Management Agreement, for a

20 certificate stating the matters set forth in Section 14.3.1. A copy of said request is attached as

21 ExhibitH.

22 22. The Stadium Authority has failed and refused to provide Plaintiffs with the0

23 certificates required by Sections 14.1.1 and 14.3.1 of the Stadium Management Agreement.

24 FIRST CAUSE OF ACTION

25 (Declaratory Relief)

26 23. Plaintiffs reallege the facts set forth in Paragraphs 1 through 22, above.

27 24. An actual controversy exists between Plaintiffs and Defendants, in that Plaintiffs

28 contend that Management Company has performed its obligations under the Stadium Management

10105.0043588322v5 3COMPLAINT FOR DECLARATORY RELIEF

00inU)

0

014z

noL

-J

OWU) w

00)m’n0

on)

>.2La.

00

<(1)0)

LI..

N !-I—Z(flCI)w..] i03

tl I-In>.

LI

00I..z0

Uz0

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

28

Agreement, and that there exist no grounds for a declaration of an event of default or a termination

of that agreement, whereas Defendants contend the contrary.

25. Plaintiffs are entitled to a judicial declaration ofthe parties’ tights and obligations

under the Stadium Management Agreement.

SECOND CAUSE OF ACTION

(Declaratory Relief)

26. Plaintiffs reallege the facts set forth in Paragraphs 1 through 22, above.

27. Management Company has performed all of the obligations on its part to be

performed under the Stadium Management Agreement, except for those obligations that have been

waived or excused.

28. Defendants have failed and refused to provide Plaintiffs with the certificates

required by Sections 14.1.1 and 14.3.1 of the Stadium Management Agreement.

29. An actual controversy exists between Plaintiffs and Defendants in that Plaintiffs

contend that Defendants are contractually obligated to deliver the certificates required by Section

14.1.1 and 14.3.1 of the Stadium Management Agreement, whereas Defendants contend the

contrary.

30. Plaintiffs are entitled to a declaration of the parties’ rights and obligations under the

Stadium Management Agreement with respect to the delivery of said certificates.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray:

1. For a judicial declaration of the parties’ rights and obligations under the Stadium

Management Agreement;

3. For an award of reasonable attorneys’ fees and costs; and

4. For such other and further relief as the Court deems just and proper.

10105.004 358 8322v5 4COMPLAINT FOR DECLARATORY RELIEF

1 DATED: January 6, 2017 COBLENTZ PATCH DUFFY & BASS LEP

By:________

ftDs for Plaintiffs5 lrtrNiners Stadium Management Company LLC,

6and Forty Niners SC Stadium Company, LLC

7

a -

2 9

10_1 <I

OW(0

C’) C<urnIII rn

>-Ifl

13Li xD1DC’)LI 14‘O0oo 15OO

0u’t 16N -

F- D0ZU)P 17

r

:

:

10105.004 3588322v5 5COMPLAINT FOR DECLARATORY RELIEF