On September 28, 2021 a No Value was filed involving a dispute between Aisha Pachhi, Ali Noorian, Amalan Mariadasan, Amy Dorsa, Andrew Thomas, Anne Thomas, Annette Watts, Ashourina Kooktapeh, Athena M Hagerty, Careen Caputo, Carla Flores, Carmen M Colon, Casey Ryan Ortiz, Charles Wesley Merrifield, Daniel Alan Barnes, Diana Hagerty, Diana Speraw, Drew Coleman, Dung Huynh, Elida C Marquez, Elizabeth A Silva, Elvin Walker, Enrigue Lopez, Erin Stiver, Esteban Ayala Ortiz, Eun Walker, Frances H. Trapp, Gabriel A. Felten, Gillian E. Felten, Giovanna Rodriguez Uribe, Glen Edward Shelton, Gregory D Reilly, Hal Louis Grotke, Harold Lehman, Helen Jones, Hilary Houpt, Trustee Of The Hilary Houpt Trust Dated December 18, 2009, Hyo Sil Martinez, Hyun Jung Park, Ilona E Bate, Jacob Flores, James Kelley, James R Bate, James T Hill, Janet D. Clapp, Trustee Of The Janet Clapp Family Trust, Udt Dated August 21, 2008, Jared Stiver, Jay Adeff, Jennifer Hooker, Jerrold D. Speraw, Jessica Davis, Jonathan Crow, Joshua J Cole, Kadidia Cooper, Kaitlyn J Mason, Kim-Vinh Le, Leonard Caputo, Leonardo T Martinez, Lisa G Reilly, Margaret Tobin, Maria A Gurrola, Maria Chen, Matthew Garr, Megan R. Starks, Melanie L. Mcnulty, Trustee Of The Melanie Mcnulty Trust Dated May 28, 2009, Melissa Nowak, Michael G Volis, Mitsuyo Kohama, Monica Brook Barnes, Nathan Davis, Nathan Randall, Patrick Hooker, Pavel Kozlov, Peter Park, Philip M. Sakakihara , Trustee & Barbara R. Sakakihara, Trustees Of The Sakakihara Family Trust Dated November 25, 1992, Rachel R Oshiro, Rebecca D Warren, Robert Reese Boshears, Ronald Gledhill, Rosalinda Lopez, Roy Ysias Estrada, Sandra S Shreve, Serena Martinez-Coleman, Shane David Tyler, Sharon Lynn Joseph, Trustee Of The 2017 Sharon Lynn Joseph Revocable Living Trust Dated October 19, 2017, Stanley Oshiro, Tamrynn Clegg, Terrence K. & Rosalyn R. Trapp, Trustees Of The Trt Trust Dated August 2, 2000, Thomas Adam Lambre, Thong H. Le, Timothy Alan Shreve, Toan Tran, Tony L Gurrola, To Trinh, William Sharp, Yasaman Noorian, Yuliya Kozlova, Zarina Oshiro, and Benchmark Communities, Llc, A Delaware Limited Liability Company, Bmc East Garrison, Llc, A Delaware Limited Liability Company, Bmc Eg Bluffs, Llc, A Delaware Limited Liability Company, Bmc Eg Bungalow, Llc, A Delaware Limited Liability Company, Bmc Eg Courtyards, Llc, A Delaware Limited Liability Company, Bmc Eg Garden, Llc, A Delaware Limited Liability Company, Bmc Eg Grove, Llc, A Delaware Limited Liability Company, Bmc Eg Village, Llc, A Delaware Limited Company, for Construction Defect Unlimited (10) in the District Court of Monterey County.
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1 NEWMEYER & DILLION LLP JOSEPH A. FERRENTINO, CBN 162855 2 Joe.Ferrentino@ndlf.com JACQUELINE V. McCALLA, CBN 306009 3 Jacqueline.McCalla@ndlf.com 895 Dove Street, Fifth Floor 4 Newport Beach, California 92660 (949) 854-7000; (949) 854-7099 (Fax) 5 Attorneys for Defendants 6 BMC EAST GARRISON, LLC; BMC EG BLUFFS, LLC; BMC EG BUNGALOW, LLC; 7 BMC EG COURTYARDS, LLC; BMC EG GARDEN, LLC; BMC EG GROVE, LLC; BMC 8 EG VILLAGE, LLC; and BENCHMARK COMMUNITIES, LLC 9 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF MONTEREY - UNLIMITED JURISDICTION 12 NATHAN & JESSICA DAVIS; et al., CASE NO.: 21CV003133 DEPT: 15 13 Plaintiff, JUDGE: Thomas W. Wills 14 vs. STIPULATION TO STAY THE ENTIRE ACTION PENDING PLAINTIFFS’ 15 BMC EAST GARRISON, LLC, a COMPLIANCE WITH CIVIL CODE § 895, Delaware limited liability company; et ET SEQ. AND [PROPOSED] ORDER 16 al., FILE DATE: September 28, 2021 17 Defendants. FAC DATE: January 20, 2022 TRIAL DATE: No Date Set 18 19 20 IT IS HEREBY STIPULATED by and between all Plaintiffs (hereinafter collectively 21 referred to as “Plaintiffs”), by and through their counsel of record, Garcia | Marsalli, LLP, 22 and Defendants BMC EAST GARRISON, LLC; BMC EG BLUFFS, LLC; BMC EG 23 BUNGALOW, LLC; BMC EG COURTYARDS, LLC; BMC EG GARDEN, LLC; BMC EG 24 GROVE, LLC; BMC EG VILLAGE, LLC; and BENCHMARK COMMUNITIES, LLC 25 (hereinafter collectively referred to as “Defendants”), by and through their counsel of 26 record, Newmeyer & Dillion LLP, (hereinafter referred to collectively as the “Parties”), as 27 follows: 28 1. On or about September 28, 2021, Plaintiffs filed a Complaint against 2837.117 / 9769988.1 STIPULATION TO STAY THE ENTIRE ACTION AND [PROPOSED] ORDER 1 Defendants, alleging, among other causes of action, violations of the building standards 2 set forth in California Civil Code section 896 (“Action”). 3 2. On or about January 20, 2022, Plaintiffs filed their First Amended 4 Complaint. 5 3. The homes owned by Plaintiffs, and listed in the June 30, 2020 Complaint 6 were purchased after January 1, 2003, and are therefore subject to Civil Code section 7 895 et seq. (“Right to Repair Act”); and 8 4. The Parties wish to avoid the time and expense of a Motion to Stay the 9 Action for the Right to Repair process. 10 NOW THEREFORE, the Parties agree as follows: 11 1. The Parties agree to stay this entire Action, including all discovery, until 12 Plaintiffs and Defendants have fully and completely complied with the Right to Repair Act. 13 The stay shall remain in effect until the Parties agree to lift the stay or until further order of 14 the Court. 15 2. The Parties reserve all their respective rights, claims, objections, and 16 defenses including, but not limited to, demurrers, motions to strike, motions to stay, 17 motions for judgment on the pleadings, motions for summary adjudication, motions for 18 summary judgment, enforcement of alternative dispute resolution agreements, 19 enforcement of the procedures and provisions of the Right to Repair Act, and any and all 20 causes of action and defenses that the Parties currently retain during the stay. 21 8. This stay shall not prevent the dismissal of any Plaintiff upon filing of a 22 request for dismissal by Plaintiffs. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2- 2837.117 / 9769988.1 STIPULATION TO STAY THE ENTIRE ACTION AND [PROPOSED] ORDER 1 9. This stipulation may be executed in counterparts, and all parts shall 2 constitute agreement among the parties notwithstanding the fact that the signatures of 3 all counsel do not appear on the same page. 4 Graham C. Mills (GCM) 5 IT IS SO STIPULATED. 6 Dated: 12 May _____, 2022 GARCIA MARSALLI, LLP 7 8 Ivo G. Daniele (IGD) By: 9 Jerod A. Marsalli Attorneys for Plaintiffs 10 NATHAN & JESSICA DAVIS, et al. 11 Dated: May _____, 13 2022 NEWMEYER & DILLION LLP Jacqueline V. McCalla 12 (JVM) 13 By: Joseph A. Ferrentino 14 Jacqueline V. McCalla Jacquelyn M. Mohr (JMM) Attorneys for Defendants 15 BMC EAST GARRISON, LLC; BMC EG BLUFFS, LLC; BMC EG 16 BUNGALOW, LLC; BMC EG COURTYARDS, LLC; BMC EG 17 GARDEN, LLC; BMC EG GROVE, LLC; BMC EG VILLAGE, LLC; and 18 BENCHMARK COMMUNITIES, LLC James "Jim" Ficenec (JJF) 19 ORDER 20 The Action is hereby stayed in itsN.entirety Jonathan King (JNK)pending Plaintiffs’ and Defendants’ 21 compliance with all the Right to Repair Act until further order by this Court or until such a 22 time that any party seeks to lift the stay. 23 Dated: _____________________Joshua B. Bevitz ____________________________________ (JBB) 24 Honorable Thomas W. Wills Judge of the Superior Court 25 26 9999.AXD / 5512856.1 27 28 -3- 2837.117 / 9769988.1 STIPULATION TO STAY THE ENTIRE ACTION AND [PROPOSED] ORDER