On April 22, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Applied Underwriters Captive Risk Assurance,
California Insurance Company,,
Silver Autumn Hotel,
Warwick Amusements Corporation,,
Warwick California Corporation,
Warwick Denver Corporation,,
Warwick Melrose Dallas Corporation,
Wsf Beverage Corporation,,
and
Applied Risk Services, Inc.,,
Applied Underwriters Captive Risk Assurance,
Applied Underwriters, Inc., A Nebraska Corporation,
California Insurance Company,,
Continental Indeminty Company, An Iowa Corporation,
Does 1 Through 50, Inclusive,
Insurance Commissioner In His Capacity,
Willis Of New York, Inc.,
Willis Of New York, Inc., A New York Corporation,
for civil
in the District Court of San Francisco County.
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ONO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-13-2016 10:34 am
Case Number: CGC-16-551614
Filing Date: Oct-13-2016 10:32
Filed by: ROSIE NOGUERA
Image: 05589923
ORDER
WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED
UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL
001005589923
Instructions:
Please place this sheet on top of the document to be scanned.Co wm YN A HD FF YW BY Y&
i a a a i
oN A HW BF HW NY KF SS
19
ms
SPENCER Y. KOOK (SBN 205304)
skook@mail.hinshawlaw.com
HINSHAW & CULBERTSON LLP
633 West Sth Street, 47th Floor
Los Angeles, CA 90071-2043 EF
Telephone: 213-680-2800 Superior Cone haneisoo
Facsimile: 213-614-7399
TRAVIS WALL (SBN 191662) ocr 13 2018
twall@mail.hinshawlaw.com CLERK OF THE COURT
JARED W. MATHESON (SBN 275459) By: eputy Clerk
jmatheson@hinshawlaw.com :
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone: 415-362-6000
Facsimile: 415-834-9070
Attorneys for Defendants APPLIED UNDERWRITERS, INC., APPLIED NCE COMPANY
CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA INSURANCE COMP.
CONTINENTAL INDEMNITY COMPANY and APPLIED RISK SERVICES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
WARWICK AMUSEMENTS CORPORATION, a ) Case No. CGC-16-551614
Delaware corporation, WARWICK CALIFORNIA
CORPORATION, a California corporation, Wie,
WARWICK DENVER CORPORATION, a
Delaware corporation, WSF BEVERAGE
CORPORATION, a California corporation,
WARWICK MELROSE DALLAS
CORPORATION, a Delaware corporation,
SILVER AUTUMN HOTEL (N.Y.)
CORPORATION, LTD., a Delaware corporation,
Plaintiffs,
)
)
) ORDER RE
) DEFENDANTS APPLIED
) UNDERWRITERS, INC., APPLIED
) UNDERWRITERS CAPTIVE RISK
) ASSURANCE COMPANY, INC.,
) CALIFORNIA INSURANCE
) COMPANY, CONTINENTAL
) INDEMNITY COMPANY AND
) APPLIED RISK SERVICES, INC.’S
vs. ) MOTION TO STAY BASED ON -
APPLIED UNDERWRITERS, INC., a Nebraska ; INCONVENIENT FORUM
corporation, APPLIED UNDERWRITERS j
CAPTIVE RISK ASSURANCE COMPANY, }
INC., an Iowa corporation, CALIFORNIA
INSURANCE COMPANY, a California }
corporation, CONTINENTAL INDEMNITY j
COMPANY, an Iowa corporation, APPLIED RISK j
SERVICES, INC., a New York corporation, and )
DOES | through 50, inclusive , 4
)
)
Defendants.
First Amended Complaint Filed:
May 19, 2016
Date: October 13, 2016
Time: 9:30 a.m.
Department: 302
Reservation No. 06270727-18
-~{PROPOSED} ORDER RE DEFENDANTS’ MOTION TO STAY BASED ON INCONVENIENT
FORUM
Pace Na COCAKSAIAIACo eo YN DAH PF WN
Rw NM NY NH DW DN BD BD Dm ete
ol Ra BF BH = SO DOD IW HH BRB WH | OD
PROPOSED] ORDER
DEFENDANTS APPLIED UNDERWRITERS, INC., APPLIED UNDERWRITERS
CAPTIVE RISK ASSURANCE, CALIFORNIA INSURANCE COMPANY, CONTINENTAL
INDEMINTY COMPANY, APPLIED RISK SERVICES, INC.’S Motion To Stay Based On
Inconvenient Forum. Defendants’ motion to stay based on inconvenient forum is granted as to all |
plaintiffs except Warwick California Corporation and WSF Beverage Corporation and denied as to
those two plaintiffs. As to all plaintiffs except Warwick California Corporation and WSF Beverage
Corporation, there is an adequate forum for the claims of those plaintiffs (either in the states their
workers are located or in Nebraska), the laws of those other states apply, California has no interest in
the issues raised by those plaintiffs and the other states have a strong interest in those issues. As to
Warwick California Corporation and WSF Beverage Corporation, California law applies and
application of California law renders both the entire RPA and the forum selection clause therein
unenforceable due to AUCRA’s non-compliance with Insurance Code 11658.
C2
JUDGE OF THE SUPERIOR COURT
HAROLD KAHN
DATED: ish zhb
LL i
{PROPOSED] ORDER RE DEFENDANTS' MOTION TO STAY BASED ON INCONVENIENT
FORUM
Case No. CGC-16-551614
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ONO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-13-2016 10:34 am Case Number: CGC-16-551614 Filing Date: Oct-13-2016 10:32 Filed by: ROSIE NOGUERA Image: 05589923 ORDER WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL 001005589923 Instructions: Please place this sheet on top of the document to be scanned.Co wm YN A HD FF YW BY Y& i a a a i oN A HW BF HW NY KF SS 19 ms SPENCER Y. KOOK (SBN 205304) skook@mail.hinshawlaw.com HINSHAW & CULBERTSON LLP 633 West Sth Street, 47th Floor Los Angeles, CA 90071-2043 EF Telephone: 213-680-2800 Superior Cone haneisoo Facsimile: 213-614-7399 TRAVIS WALL (SBN 191662) ocr 13 2018 twall@mail.hinshawlaw.com CLERK OF THE COURT JARED W. MATHESON (SBN 275459) By: eputy Clerk jmatheson@hinshawlaw.com : HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 Telephone: 415-362-6000 Facsimile: 415-834-9070 Attorneys for Defendants APPLIED UNDERWRITERS, INC., APPLIED NCE COMPANY CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA INSURANCE COMP. CONTINENTAL INDEMNITY COMPANY and APPLIED RISK SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION WARWICK AMUSEMENTS CORPORATION, a ) Case No. CGC-16-551614 Delaware corporation, WARWICK CALIFORNIA CORPORATION, a California corporation, Wie, WARWICK DENVER CORPORATION, a Delaware corporation, WSF BEVERAGE CORPORATION, a California corporation, WARWICK MELROSE DALLAS CORPORATION, a Delaware corporation, SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD., a Delaware corporation, Plaintiffs, ) ) ) ORDER RE ) DEFENDANTS APPLIED ) UNDERWRITERS, INC., APPLIED ) UNDERWRITERS CAPTIVE RISK ) ASSURANCE COMPANY, INC., ) CALIFORNIA INSURANCE ) COMPANY, CONTINENTAL ) INDEMNITY COMPANY AND ) APPLIED RISK SERVICES, INC.’S vs. ) MOTION TO STAY BASED ON - APPLIED UNDERWRITERS, INC., a Nebraska ; INCONVENIENT FORUM corporation, APPLIED UNDERWRITERS j CAPTIVE RISK ASSURANCE COMPANY, } INC., an Iowa corporation, CALIFORNIA INSURANCE COMPANY, a California } corporation, CONTINENTAL INDEMNITY j COMPANY, an Iowa corporation, APPLIED RISK j SERVICES, INC., a New York corporation, and ) DOES | through 50, inclusive , 4 ) ) Defendants. First Amended Complaint Filed: May 19, 2016 Date: October 13, 2016 Time: 9:30 a.m. Department: 302 Reservation No. 06270727-18 -~{PROPOSED} ORDER RE DEFENDANTS’ MOTION TO STAY BASED ON INCONVENIENT FORUM Pace Na COCAKSAIAIACo eo YN DAH PF WN Rw NM NY NH DW DN BD BD Dm ete ol Ra BF BH = SO DOD IW HH BRB WH | OD PROPOSED] ORDER DEFENDANTS APPLIED UNDERWRITERS, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE, CALIFORNIA INSURANCE COMPANY, CONTINENTAL INDEMINTY COMPANY, APPLIED RISK SERVICES, INC.’S Motion To Stay Based On Inconvenient Forum. Defendants’ motion to stay based on inconvenient forum is granted as to all | plaintiffs except Warwick California Corporation and WSF Beverage Corporation and denied as to those two plaintiffs. As to all plaintiffs except Warwick California Corporation and WSF Beverage Corporation, there is an adequate forum for the claims of those plaintiffs (either in the states their workers are located or in Nebraska), the laws of those other states apply, California has no interest in the issues raised by those plaintiffs and the other states have a strong interest in those issues. As to Warwick California Corporation and WSF Beverage Corporation, California law applies and application of California law renders both the entire RPA and the forum selection clause therein unenforceable due to AUCRA’s non-compliance with Insurance Code 11658. C2 JUDGE OF THE SUPERIOR COURT HAROLD KAHN DATED: ish zhb LL i {PROPOSED] ORDER RE DEFENDANTS' MOTION TO STAY BASED ON INCONVENIENT FORUM Case No. CGC-16-551614