On January 31, 2014 a
Hearing
was filed
involving a dispute between
Nibbi Bros. Associates, Inc A California,
Progress Glass Company Inc.,
Winco Window Company Inc., A Corporation,
and
Does 1 To 100, Inclusive,
Liberty Mutual Insurance Co.,
Liberty Mutual Insurance Co. A Surety Company,
Nibbi Bros. Associates, Inc A California,
Nibbi Bros, Inc. A California Corporation,
Progress Glass Co. Inc., A California Corporation,
Progress Glass Company Inc.,
for civil
in the District Court of San Francisco County.
Preview
Raymond E. Kong (SBN 221133)
FISHER & KONG LLP
1970 Broadway, Suite 1040
Oakland, CA 94612
510-645-5880
510-380-5150
Attorneys for Defendants
Nibbi Bros.Associates, Inc.. and
Liberty Mutual Insurance Co.,
And Cross-Complainant Nibbi
Bros. Associates, Inc.
ELECTRONICALLY
FILED
Superior Court of Caitfornia,
County of San Francisco
02/23/2015
Clerk of the Court
BY:WILLIAM TRUPEK
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
WINCO WINDOW COMPANY, INC. a
corporation
Plaintiffs,
ve
PROGRESS GLASS CO.,
INC. a California
§ . ASSOC IATES,
California Corpora
L INSURANCE CO.. a Sure!
Company; and DOES 1-100 inclusive.
Defendant.
And Related Cross-Complaints
PROGRESS GLASS CO.. INC. a California
Corporation
Plaintiff.
Vv
NIBBI BROS. ASSOCIATES, INC. a
California Corporation; LIBERTY MUTUAL
INSURANCE CO.. a Surety Company; and
DOES 1 through 50 inclusive,
Defendants,
Case No. CGC-14-537120
NOTICE OF MOTION AND MOTION TC
CONSOLIDATE
Date: April 2, 2015
Time: 9:30 am
Department: 302
Judge: Hon. Ernest H. Goldsmith
Reservation No.: 020515-10
CCP §1048
Case No. CGC-14-542178
NOTICE OF MOTION AND MOTION TO CONSOLIDATErw
w
TO ALL PARTIES OF RECORD AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE THAT on April 2, 2015, at 9:30 am, in Department 302, Defendant
and Cross-Complainant Nibbi Bros. Associates, Inc. (“Nibbi”) will move this court for an order
to consolidate case No, CGC-14-537120 and CGC-14-542178. because there are common
questions of law and fact in these matters as both actions contain causes of action regarding
contracts entered into by Nibbi and Progress Glass, Inc.
Nibbi hereby moves this court to consolidate the above referenced matters,
This motion shall be based on these moving papers. any supplemental documents filed
with this court, and any evidence and arguments brought before the court at the hearing.
Dated: February 23. 2015 FISHER & KONG LLP
By: Keyed £ Hon
Raymond E. Kong
Attorneys for Cross-Defendants Nibbi Bros. Associates,
Inc.. and Defendant Liberty Mutual Insurance Co.,
2
NOTICE OF MOTION AND MOTION TO CONSOLIDATEon
6
PROOF OF SERVICE
I, the undersigned, certify and declare as follows:
I am a citizen of the United States and over the age of eighteen years. | am not a party to
this action. I am employed in the county where the delivery described below occurs and my
business address is 1970 Broadway, Suite 1040, Oakland, CA 94612.
On the date indicated below, I caused to be served the following document(s):
NOTICE OF MOTION AND MOTION TO CONSOLIDATE
On the following party(ies) in this action:
Mark I. Schickman, Esq.
Cathleen S. Yonahara. Esq.
Freeland Cooper & Preman LLP
150 Spear Street, Suite 1800
San Francisco, CA 94105
(t) 415-541-0200
(f) 415-495-4332
Brandt L. Wolkin, Esq.
David F, Myers, Esq.
WOLKIN CURRAN LLP
555 Montgomery Street, Suite 1100
San Francisco, CA 94111
(t) 415-982-93900
(f) 415-982-4328
dmyers@wolkincurran.com
XI BY MAIL (CCP §§ 1013A, ef seq.)
1 am readily familiar with the practice of my employer for the collection and processing of
correspondence for mailing with the United States Postal Service, by which correspondence is
placed, in a sealed envelope, postage prepaid. in the designated station for outgoing mail, and is
the same day delivered to the United States Postal Service, I served such envelopes following
this practice.
oO BY EMAIL PER AGREEMENT BY THE PARTIES
| caused the above documents to be sent via email to the parties.
| BY EXPRESS SERVICE (CCP §§ 1913 ()(d), er seq.)
1 caused said envelopes to be deposited with an express service carrier or Express Mail in
| accordance with the carrier's designated practice.
oO BY TELECOPY/FACSIMILE (CCP §§ 1912.5, e¢ seq.)
I caused said document(s) to be sent by telecopier to the facsimile numbers indicated.
1 declare under penalty of perjury under the laws of the State of California that the foregoing
PROOF OF SERVICEis true and correct. and that this declaration was executed on February 23, at Oakland.
Ed. E. ‘Kong fy
California.
PROOF OF SERVICE
Preview
Raymond E. Kong (SBN 221133) FISHER & KONG LLP 1970 Broadway, Suite 1040 Oakland, CA 94612 510-645-5880 510-380-5150 Attorneys for Defendants Nibbi Bros.Associates, Inc.. and Liberty Mutual Insurance Co., And Cross-Complainant Nibbi Bros. Associates, Inc. ELECTRONICALLY FILED Superior Court of Caitfornia, County of San Francisco 02/23/2015 Clerk of the Court BY:WILLIAM TRUPEK Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO WINCO WINDOW COMPANY, INC. a corporation Plaintiffs, ve PROGRESS GLASS CO., INC. a California § . ASSOC IATES, California Corpora L INSURANCE CO.. a Sure! Company; and DOES 1-100 inclusive. Defendant. And Related Cross-Complaints PROGRESS GLASS CO.. INC. a California Corporation Plaintiff. Vv NIBBI BROS. ASSOCIATES, INC. a California Corporation; LIBERTY MUTUAL INSURANCE CO.. a Surety Company; and DOES 1 through 50 inclusive, Defendants, Case No. CGC-14-537120 NOTICE OF MOTION AND MOTION TC CONSOLIDATE Date: April 2, 2015 Time: 9:30 am Department: 302 Judge: Hon. Ernest H. Goldsmith Reservation No.: 020515-10 CCP §1048 Case No. CGC-14-542178 NOTICE OF MOTION AND MOTION TO CONSOLIDATErw w TO ALL PARTIES OF RECORD AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT on April 2, 2015, at 9:30 am, in Department 302, Defendant and Cross-Complainant Nibbi Bros. Associates, Inc. (“Nibbi”) will move this court for an order to consolidate case No, CGC-14-537120 and CGC-14-542178. because there are common questions of law and fact in these matters as both actions contain causes of action regarding contracts entered into by Nibbi and Progress Glass, Inc. Nibbi hereby moves this court to consolidate the above referenced matters, This motion shall be based on these moving papers. any supplemental documents filed with this court, and any evidence and arguments brought before the court at the hearing. Dated: February 23. 2015 FISHER & KONG LLP By: Keyed £ Hon Raymond E. Kong Attorneys for Cross-Defendants Nibbi Bros. Associates, Inc.. and Defendant Liberty Mutual Insurance Co., 2 NOTICE OF MOTION AND MOTION TO CONSOLIDATEon 6 PROOF OF SERVICE I, the undersigned, certify and declare as follows: I am a citizen of the United States and over the age of eighteen years. | am not a party to this action. I am employed in the county where the delivery described below occurs and my business address is 1970 Broadway, Suite 1040, Oakland, CA 94612. On the date indicated below, I caused to be served the following document(s): NOTICE OF MOTION AND MOTION TO CONSOLIDATE On the following party(ies) in this action: Mark I. Schickman, Esq. Cathleen S. Yonahara. Esq. Freeland Cooper & Preman LLP 150 Spear Street, Suite 1800 San Francisco, CA 94105 (t) 415-541-0200 (f) 415-495-4332 Brandt L. Wolkin, Esq. David F, Myers, Esq. WOLKIN CURRAN LLP 555 Montgomery Street, Suite 1100 San Francisco, CA 94111 (t) 415-982-93900 (f) 415-982-4328 dmyers@wolkincurran.com XI BY MAIL (CCP §§ 1013A, ef seq.) 1 am readily familiar with the practice of my employer for the collection and processing of correspondence for mailing with the United States Postal Service, by which correspondence is placed, in a sealed envelope, postage prepaid. in the designated station for outgoing mail, and is the same day delivered to the United States Postal Service, I served such envelopes following this practice. oO BY EMAIL PER AGREEMENT BY THE PARTIES | caused the above documents to be sent via email to the parties. | BY EXPRESS SERVICE (CCP §§ 1913 ()(d), er seq.) 1 caused said envelopes to be deposited with an express service carrier or Express Mail in | accordance with the carrier's designated practice. oO BY TELECOPY/FACSIMILE (CCP §§ 1912.5, e¢ seq.) I caused said document(s) to be sent by telecopier to the facsimile numbers indicated. 1 declare under penalty of perjury under the laws of the State of California that the foregoing PROOF OF SERVICEis true and correct. and that this declaration was executed on February 23, at Oakland. Ed. E. ‘Kong fy California. PROOF OF SERVICE