THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
S U M M A R Y
DIARY: December 4, 1990 09:00 AM Tuesday;
RJM v. Zocchi continue hearing: Mr. Bob Moody and Mr. Gary Wilson.
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RJM v. Zocchi
0505 - ..
0506 - Summary/Objective
050701 - It appears that both parties made an honest mistake in
050702 - administering the selection process of Rosa Aurora tile.
0509 - B. Moody
051001 - Key evidence presented today was the invoice by Mr. Moody that Rosa
051002 - Aura tile comes in a broad range of shading within three major
051003 - headings...
051005 - "light," "medium" and "dark"
051007 - Mr. Moody testified that the sample he brought into the hearing for an
051008 - exhibit is purchased from a supplier who mixed the tile in the box.
051010 - Mr. Moody buys direct from the manufacturer and so each box has the
051011 - same group of shading, rather than the variety shown in the exhibit.
051013 - Mr. Moody layed out a sample of Rosa Aura in his warehouse. It is not
051014 - clear whether it was a representative layout, or whether all the tiles
051015 - came from the same box, which would have represented only a narrow
051016 - range of the tile. Mr. Moody testified he put a box of tile in Mr.
051017 - Zocchi's car with the intent that it constituted a sample of the tile
051018 - Mr. Zocchi could expect to have installed. It is not clear which end
051019 - of the color range this sample turned out to represent. If there was
051020 - a transmittal it might have stated this information, but no transmit-
051021 - tal was prepared, even though using a transmittal was standard prac-
051022 - tice for RJM Company.
051024 - It appears possible that Mr. Zocchi did not understand that his
051025 - selection of the tile in the box put in his car by Mr. Moody was an
051026 - all or nothing decision. Mr. Moody said it would not be standard
051027 - practice to install only a single coloration range from among the
051028 - "light," "medium" or "dark" ranges.
051030 - To what extent was the color variation disclosed to Mr. Zocchi by
051031 - RJM? Did the samples themselves disclose variation in the color and
051032 - shading? Did Mr. Zocchi learn of variation from other tile contract-
051033 - ors. Should Mr. Zocchi be charged with knowledge sufficient to
051034 - approve tile, by virture of holding his position as Project Manager,
051035 - in lieu of hiring an architect.
0512 - G. Wilson
051301 - He testified today that one his former employees stole about 100 SF
051302 - of tile from another job Wilson's Company did. This goes to the
051303 - question of who, if anyone, removed tile from Mr. Zocchi's project.
051305 - The police reports show there were two different thefts, about 1 week
051306 - apart, rather just one, as testified by Mr. Wilson and Mr. Zocchi.