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FREELAND COOPER & FOREMAN LLP
150 Spear Street, Suite 1800
San Francisco, California 94105
RN YB NY YN NR NY Ye eR Ee ee
oY DA HW BF BN =F SOC we NY AA RD
Mark I. Schickman (CSB #62653)
Cathleen S. Yonahara (CSB #203802)
FREELAND COOPER & FOREMAN LLP.
150 Spear Street, Suite 1800
San Francisco, California 94105
Telephone: (415) 541-0200
Facsimile: (415) 495-4332
Email: schickman@freelandlaw.com
yonahara@freelandlaw.com
Attorneys for Defendant and Cross-Complainant
PROGRESS GLASS COMPANY, INC,
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
03/08/2016
Clerk of the Court
BY-MAURA RAMIREZ
Deputy Clerk
and Defendant NIBBI BROS. ASSOCIATES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
WINCO WINDOW COMPANY, INC., a
Corporation,
v.
PROGRESS GLASS CO., INC., a California
Corporation; NIBBI BROS, INC. a California
Corporation; LIBERTY MUTUAL
INSURANCE CO. a Surety Company; and
DOES | to 100, inclusive,
Defendants.
PROGRESS GLASS CO., INC., individually
and as Assignee of NIBBI BROS.
ASSOCIATES, INC.,
v.
WINCO WINDOW COMPANY, INC.. a
Missouri Corporation, and ROES | to 50,
inclusive,
Cross-Defendants.
CASE NO.: CGC 14-537120
DEFENDANT AND CROSS-
COMPLAINANT PROGRESS GLASS
CO., INC. AND DEFENDANT NIBBI
BROS. ASSOCIATES, INC.’S MOTION
TO AMEND PROGRESS’ FOURTH
AMENDED CROSS-COMPLAINT TO
ADD CLAIMS FOR NEGLIGENCE AND
GROSS NEGLIGENCE AGAINST
WINCO WINDOW COMPANY, INC, AND
BMS HOLDINGS, INC.
Trial Date: January 20, 2016
Dept. 220
The Hon. Rebecca A. Wiseman
Post-Trial Arguments: March 23, 2016
Defendant and Cross-Complainant Progress Glass Company, Inc. (“Progress”) and Defendant
Nibbi Bros. Associates, Inc. ("Nibbi") hereby move for leave, pursuant to CCP §§ 473(a)(1) and 576,
to amend Progress’ Fourth Amended Cross-Complaint to add claims for negligence and gross
negligence against Winco Window Company, Inc. and BMS Holdings, Inc. This Motion is made on
DEFENDANT AND CROSS-COMPLAINANT PROGRESS AND NIBBI’S MOTION TO AMEND
PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE
AND GROSS NEGLIGENCE; CASE NO.: CGC 14-537120
1
{00239206}FREELAND CUUPER & KUKEMAN LLY
150 Spear Street, Suite 1800
San Francisco. California 94105
NY NY NY NY YN NN N NO ee ew we ee
eo UV A A RB BN = DOD eID DH BRB Ww
“DEFENDANT AND CROSS.
grounds that it is in the interest of justice, based on good cause and will not prejudice any party. The
Motion is based upon this pleading, the accompanying Memorandum of Points and Authorities, the
files and records in this action, the facts adduced at trial, and such other data, authorities, and
argument which the Court may request.
Dated: March 7, 2016 FREELAND COOPER & FOREMAN LLP
a ee
By: AO NN 2
Mark I. Sefjokman 5
Cathleen 8. Yonahara--——-
Attorney for Defendant and Cross-Complainant
PROGRESS GLASS COMPANY, INC.
AND DEFENDANT NIBBI BROS.
ASSOCIATES, INC.
PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE
AND GROSS NEGLIGENCE; CASE NO.: CGC 14-537120
2
100730906)FREELAND COOPER & FOREMAN LLP
150 Spear Street, Suite 1800
San Francisco, California 94105
awn
oo
CERTIFICATE OF SERVICE
I am employed in the City and County of San Francisco, State of California. I am over the age
of eighteen and not a party to the within action; my business address is 150 Spear Street, Suite 1800,
San Francisco, California 94105.
On March 8, 2016, I caused to be served the foregoing document described as follows:
DEFENDANT AND CROSS-COMPLAINANT PROGRESS GLASS CO., INC. AND
DEFENDANT NIBBI BROS, ASSOCIATES, INC.’°S MOTION TO AMEND PROGRESS’
FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE AND
GROSS NEGLIGENCE AGAINST WINCO WINDOW COMPANY, INC. AND BMS
HOLDINGS, INC.
by placing a true and correct copy thereof enclosed in a sealed envelope addressed to the party(ies) of
record whose name(s) and address(es) appear below:
BY MAIL BY HAND DELIVERY
Raymond E. Kong David F, Myers
Fisher & Kong LLP Wolkin Curran, LLP
1970 Broadway, Suite 1040 555 Montgomery Street, Suite 1100
Oakland, CA 94612 San Francisco, CA 94111
Attorney for Defendants Attorney for Plaintiff, Winco Window
Nibbi Bros. Associates, Inc. and Liberty Company, Inc.
Mutual Insurance Co.
(| [HAND-DELIVERY/Personal/Messenger - CCP § 1011] I caused such envelope to be hand-
delivered by a courier, who personally delivered such envelope to the office of the addressee(s)
on the date herein.
BY MAIL - CCP § 1013a] I caused such sealed envelope with postage thereon fully prepaid to
be placed in the United States mail at San Francisco, California, for collection and mailing to the
office of addressee(s) on the date shown herein following ordinary business practice.
BY E-MAIL or ELECTRONIC TRANSMISSION] I caused the documents to be sent to the
persons at the email addresses listed above. I did not receive within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
STATE] I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
FEDERAL] Service was made under the direction of a member of the bar of this Court who is
admitted to practice and is not a party to this cause.
Executed on March 8, 2016, at San Francisco, California.
aera
4
Jennifer Ryan ( |
DEFENDANT AND CROSS-COMPLAINANT PROGRESS AND NIBBI’S MOTION TO AMEND
PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE
AND GROSS NEGLIGENCE; CASE NO.: CGC 14-537120
3
{00239206}
Preview
FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 San Francisco, California 94105 RN YB NY YN NR NY Ye eR Ee ee oY DA HW BF BN =F SOC we NY AA RD Mark I. Schickman (CSB #62653) Cathleen S. Yonahara (CSB #203802) FREELAND COOPER & FOREMAN LLP. 150 Spear Street, Suite 1800 San Francisco, California 94105 Telephone: (415) 541-0200 Facsimile: (415) 495-4332 Email: schickman@freelandlaw.com yonahara@freelandlaw.com Attorneys for Defendant and Cross-Complainant PROGRESS GLASS COMPANY, INC, ELECTRONICALLY FILED Superior Court of California, County of San Francisco 03/08/2016 Clerk of the Court BY-MAURA RAMIREZ Deputy Clerk and Defendant NIBBI BROS. ASSOCIATES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO WINCO WINDOW COMPANY, INC., a Corporation, v. PROGRESS GLASS CO., INC., a California Corporation; NIBBI BROS, INC. a California Corporation; LIBERTY MUTUAL INSURANCE CO. a Surety Company; and DOES | to 100, inclusive, Defendants. PROGRESS GLASS CO., INC., individually and as Assignee of NIBBI BROS. ASSOCIATES, INC., v. WINCO WINDOW COMPANY, INC.. a Missouri Corporation, and ROES | to 50, inclusive, Cross-Defendants. CASE NO.: CGC 14-537120 DEFENDANT AND CROSS- COMPLAINANT PROGRESS GLASS CO., INC. AND DEFENDANT NIBBI BROS. ASSOCIATES, INC.’S MOTION TO AMEND PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE AND GROSS NEGLIGENCE AGAINST WINCO WINDOW COMPANY, INC, AND BMS HOLDINGS, INC. Trial Date: January 20, 2016 Dept. 220 The Hon. Rebecca A. Wiseman Post-Trial Arguments: March 23, 2016 Defendant and Cross-Complainant Progress Glass Company, Inc. (“Progress”) and Defendant Nibbi Bros. Associates, Inc. ("Nibbi") hereby move for leave, pursuant to CCP §§ 473(a)(1) and 576, to amend Progress’ Fourth Amended Cross-Complaint to add claims for negligence and gross negligence against Winco Window Company, Inc. and BMS Holdings, Inc. This Motion is made on DEFENDANT AND CROSS-COMPLAINANT PROGRESS AND NIBBI’S MOTION TO AMEND PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE AND GROSS NEGLIGENCE; CASE NO.: CGC 14-537120 1 {00239206}FREELAND CUUPER & KUKEMAN LLY 150 Spear Street, Suite 1800 San Francisco. California 94105 NY NY NY NY YN NN N NO ee ew we ee eo UV A A RB BN = DOD eID DH BRB Ww “DEFENDANT AND CROSS. grounds that it is in the interest of justice, based on good cause and will not prejudice any party. The Motion is based upon this pleading, the accompanying Memorandum of Points and Authorities, the files and records in this action, the facts adduced at trial, and such other data, authorities, and argument which the Court may request. Dated: March 7, 2016 FREELAND COOPER & FOREMAN LLP a ee By: AO NN 2 Mark I. Sefjokman 5 Cathleen 8. Yonahara--——- Attorney for Defendant and Cross-Complainant PROGRESS GLASS COMPANY, INC. AND DEFENDANT NIBBI BROS. ASSOCIATES, INC. PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE AND GROSS NEGLIGENCE; CASE NO.: CGC 14-537120 2 100730906)FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 San Francisco, California 94105 awn oo CERTIFICATE OF SERVICE I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen and not a party to the within action; my business address is 150 Spear Street, Suite 1800, San Francisco, California 94105. On March 8, 2016, I caused to be served the foregoing document described as follows: DEFENDANT AND CROSS-COMPLAINANT PROGRESS GLASS CO., INC. AND DEFENDANT NIBBI BROS, ASSOCIATES, INC.’°S MOTION TO AMEND PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE AND GROSS NEGLIGENCE AGAINST WINCO WINDOW COMPANY, INC. AND BMS HOLDINGS, INC. by placing a true and correct copy thereof enclosed in a sealed envelope addressed to the party(ies) of record whose name(s) and address(es) appear below: BY MAIL BY HAND DELIVERY Raymond E. Kong David F, Myers Fisher & Kong LLP Wolkin Curran, LLP 1970 Broadway, Suite 1040 555 Montgomery Street, Suite 1100 Oakland, CA 94612 San Francisco, CA 94111 Attorney for Defendants Attorney for Plaintiff, Winco Window Nibbi Bros. Associates, Inc. and Liberty Company, Inc. Mutual Insurance Co. (| [HAND-DELIVERY/Personal/Messenger - CCP § 1011] I caused such envelope to be hand- delivered by a courier, who personally delivered such envelope to the office of the addressee(s) on the date herein. BY MAIL - CCP § 1013a] I caused such sealed envelope with postage thereon fully prepaid to be placed in the United States mail at San Francisco, California, for collection and mailing to the office of addressee(s) on the date shown herein following ordinary business practice. BY E-MAIL or ELECTRONIC TRANSMISSION] I caused the documents to be sent to the persons at the email addresses listed above. I did not receive within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. STATE] I declare under penalty of perjury under the laws of the State of California that the above is true and correct. FEDERAL] Service was made under the direction of a member of the bar of this Court who is admitted to practice and is not a party to this cause. Executed on March 8, 2016, at San Francisco, California. aera 4 Jennifer Ryan ( | DEFENDANT AND CROSS-COMPLAINANT PROGRESS AND NIBBI’S MOTION TO AMEND PROGRESS’ FOURTH AMENDED CROSS-COMPLAINT TO ADD CLAIMS FOR NEGLIGENCE AND GROSS NEGLIGENCE; CASE NO.: CGC 14-537120 3 {00239206}