1
2
3
4
5
6
7
8
9
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
IN AND FOR THE COUNTY OF SANTA CLARA
11
12 HUMANE SOCIETY SILICON VALLEY, a
California corporation,
13
Plaintiffs,
14 vs.
15
16
17
18
19
20
21
22
)
)
)
)
)
)
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,
)
)
Defendants.
)
)
)
)
)
)
AND RELATED CROSS-ACTIONS
)
Case No.: 112CV219628
Unlimited Jurisdiction
Designated Complex
[PROPOSED] ORDER GRANTING JOINT
MOTION FOR DETERMINATION OF GOOD
FAITH SETTLEMENT
Complaint Filed: 2/28/2012
DATE: June 20, 2014
TIME: 9:00 a.m.
DEPT: 1
JUDGE PETER H. KIRWAN
Trial Date: 11/03/14
23
24
The Joint Motion for Determination of Good Faith Settlement of Intervenor STARNET
25 INSURANCE COMPANY (“STARNET”), on behalf of Defendant/Cross-Defendant LANDGRO,
26
27
INC., a suspended California corporation ("LANDGRO"), Intervenor JAMES RIVER
INSURANCE COMPANY (“JAMES RIVER”), on behalf of Defendant/Cross-Defendant
28
29
30
600061.1 666.33008
31
1
DECLARATION OF LORI M. KIDD SUPPORTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
1
STRAIGHT LINE CAULKING and WATERPROOFING, INC. ("STRAIGHT LINE") ,WEST
2
COAST INSULATION, INC. ("WEST COAST") and DWAYNE NASH INDUSTRIES, INC. dba
3
KODIAK ROOFING & WATERPROOFING CO. ("NASH") came on for hearing before the
4
Honorable Peter H. Kirwan on June 20, 2014 at 9:00 a.m.
5
6
The Court, having read and considered the papers filed in support of the motion and any
papers filed in opposition, and having considered the arguments of counsel, and good cause
7
8
9
appearing, hereby orders as follows:
1.
That the settlement between PLAINTIFF, R. L. BROWN CONSTRUCTION, INC. and
10
STARNET/LANDGRO, in the amount of $17,500.00 was made and entered into in good faith within
11
the meaning of Code of Civil Procedure section 877.6;
12
2.
13
That the settlement between PLAINTIFF, R. L. BROWN CONSTRUCTION, INC. and
JAMES RIVER/STRAIGHT LINE, in the amount of $75,000.00 was made and entered into in good
14
faith within the meaning of Code of Civil Procedure section 877.6;
15
16
3.
That the settlement between PLAINTIFF, R. L. BROWN CONSTRUCTION, INC. and
17
WEST COAST, in the amount of $2,500.00 was made and entered into in good faith within the
18
meaning of Code of Civil Procedure section 877.6;
19
4.
20
NASH, in the amount of $75,000.00 was made and entered into in good faith within the meaning of
21
That the settlement between PLAINTIFF, R. L. BROWN CONSTRUCTION, INC. and
Code of Civil Procedure section 877.6;
22
5.
That the aforementioned settlements bar any pending or future claims by alleged joint
23
24
tortfeasors or co-obligors against STARNET, LANDGRO, JAMES RIVER, STRAIGHT LINE,
25
WEST COAST and/or NASH for equitable comparative contribution or partial or comparative
26
indemnity based on comparative negligence or comparative fault, including implied contractual
27
indemnity;
28
///
29
30 666.33008
600061.1
31
2
[PROPOSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
1
6.
That any and all complaints and/or cross-complaints, whether actual or deemed filed, against
2
STARNET, LANDGRO, JAMES RIVER, STRAIGHT LINE, WEST COAST and/or NASH for
3
equitable comparative contribution or partial or comparative indemnity, shall be, and hereby are,
4
dismissed with prejudice.
5
6
DATED: __________________
7
_____________________________
Hon. PETER H. KIRWAN
Judge of the Superior Court
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 666.33008
600061.1
31
3
[PROPOSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT