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CRAIG R. BREITMAN (SBN 105512)
11766 Wilshire Boulevard, Sixth Floor
Los Angeles, CA 90025
Telephone: (310) 445-0800
Facsimile: (310) 473-2525
Attorneys for Defendants and Cross-Defendants,
DWAYNE NASH INDUSTRIES, INC. dba
KODIAK ROOFING & WATERPROOFING
CO., and AP & DECK WATERPROOFING
SYSTEMS, INC.
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SANTA CLARA
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HUMANE SOCIETY SILICON VALLEY, a
California corporation,
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Plaintiffs,
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Assigned to Hon. James P. Kleinberg
OFFER TO COMPROMISE
[Code Civ. Proc. Section 998]
V.
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Case No. 112-CV-219628
GEORGE MIERS & ASSOCIATES, a California
corporation, currently doing business as SWATT
MIERS ARCHITECTS, INC., a California
corporation, ROBERT L. BROWN
CONSTRUCTION, INC. a California corporation,
and DOES 1-150, inclusive,
Complaint Filed
: February 28, 2012
Discovery Cut-Off : nla
Motion Cut-Off
: n/a
Trial Date
: n/a
Defendants.
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AND RELATED CROSS-ACTIONS
21 TO PLAINTIFF, HUMANE SOCIETY SILICON VALLEY, a CALIFORNIA CORPORATION,
22 AND TO ITS ATTORNEYS OF RECORD HEREIN:
579608
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Defendant, DWAYNE NASH INDUSTRIES, INC. dba KODIAK ROOFING &
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WATERPROOFING CO., hereby offers to compromise this action in favor of Plaintiff and
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against Defendant, DWAYNE NASH INDUSTRIES, INC. dba KODIAK ROOFING &
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WATERPROOFING CO. in the total and single sum of Seventy-Five Hundred Dollars
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($7,500.00) pursuant to the provisions of section 998 of the California Code of Civil
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Procedure in exchange for Plaintiff’s execution of a Request for Dismissal of the
666 33008
OFFER TO COMPROMISE
V
Complaint with prejudice as to defendant DWAYNE NASH INDUSTRIES, INC. dba
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KODIAK ROOFING & WATERPROOFING CO. and execution of a General Release as to
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this defendant, DWAYNE NASH INDUSTRIES, INC. dba KODIAK ROOFING &
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WATERPROOFING CO. with a specific issues release related to any and all claims which arise
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out of the scope of work of DWAYNE NASH INDUSTRIES, INC. dba KODIAK ROOFING &
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WATERPROOFING CO. at the Plaintiffs project pursuant to its subcontract with Robert L.
Brown Construction, Inc,, subject to a finding that such settlement is in Good Faith as required by
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Code of Civil Procedure section 877.6 (and not subject to the dismissal of the Express Indemnity
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Cause of Action in the Cross-Complaint of Robert L. Brown Construction, Inc.)
which will be
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deemed a judgment pursuant to Goodstein v. Bank of San Pedro (1994) 27 Cal. App. 4th
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899. Said sum shall include Plaintiff’s attorneys’ fees and costs to date as would be
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apportioned to this offering Defendant.
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If this offer is not accepted prior to trial or within thirty (30) days after it is made,
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whichever occurs first, it shall be deemed withdrawn and cannot be given in evidence upon
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the trial.
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If Plaintiff rejects said offer and fails to obtain a more favorable judgment against
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this defendant, DWAYNE NASH INDUSTRIES, INC. dba KODIAK ROOFING &
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WATERPROOFING CO., Plaintiff cannot recover its post-offer costs and attorneys’ fees as
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to defendant, DWAYNE NASH INDUSTRIES, INC. dba KODIAK ROOFING &
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WATERPROOFING CO. and shall pay this Defendant’s costs and attorneys’ fees (as the
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attorney fee provision that Plaintiff is seeking to enforce is deemed bilateral per Civil Code
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section 1717, from the time of the offer, in addition to other recoverable costs of this
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Defendant pursuant to Code of Civil Procedure section 998(c)(1).
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579608
666 33008
OFFER TO COMPROMISE
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DATED: September
2013
SELMABREI
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AttoifiŁys for Defendants and Cross-Defendants
DWAYNE NASH INDUSTRIES, INC. dba KODIAK
ROOFING & WATERPROOFING CO., and AP & DECK
WATERPROOFING SYSTEMS, INC.
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Acceptance of Offer to Compromise
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)V)
PURSUANT TO CODE OF CIVIL PROCEDURE § 998, PLAINTIFF ACCEPTS
DEFENDANT’S OFFER TO PAY THE SUM OF $7,500.00 IN SATISFACTION OF
ALL CLAIMS FOR DAMAGES, COSTS AND EXPENSES, ATTORNEY FEES AND
INTEREST IN THIS ACTION AS STATED ABOVE.
DATED:
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Attorneys for Plaintiff
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579608.1 66633008
OFFER TO COMPROMISE