On May 06, 2013 a
Hearing
was filed
involving a dispute between
699 Second Development, Llc,
Blomberg Building Materials, Inc. Dba Bloomberg,
Cannon Constructors, Inc.,
Sternberg Benjamin Architects, Inc.,
88 Townsend Street Owners Asociation,,
and
699 Second Development Llc,,
699 Second Development, Llc,
Blomberg Building Materials Dba Blomberg Window,
Blomberg Building Materials, Inc. Dba Bloomberg,
Blomberg Glass,
Cannon Constructors, Inc.,
Does 1-100, 102-125 And 129 150, Inclusive,
Does 1 To 150, Incl.,
Marvin Windows And Doors,
Marvin Windows, Inc.,
Sternberg Benjamin Architects,
Sternberg Benjamin Architects, Inc.,
for civil
in the District Court of San Francisco County.
Preview
oo 6 ND HR BR BW NY ome
BO ttt
SB SC oC eID HA B&B BW YD
Steven E. McDonald (SBN 121949)
Colin W. Larson (SBN 287243)
Bledsoe, Cathcart, Diestel, Pedersen, & Treppa, LLP
601 California Street, 16" Floor
San Francisco, CA 94108
Telephone: (415) 981-5411
Facsimile: (415) 981-0352
E-Mail: smedonald@bledsoclaw.com:
jshea@bledsoclaw.com; clarson@bledsoelaw.com
Gregory G. Dahl (SBN 124213)
Law Offices of Timothy R. Wagner
2633 Camino Ramon, Suite 210
San Ramon, CA 94583
Telephone: (925) 901-2500
Facsimile: (866) 386-1186
Email: gregoryg.dahl@aig.com
Attorney for Defendant/Cross-Complainant,
Blomberg Building Materials, Inc. dba Blomberg Window Systems
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
AUG 12 2014
Clerk of the Court
BY: ROMY RISK
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
88 TOWNSEND STREET OWNERS
ASSOCIATION, a California non-profit
mutual benefit corporation,
Plaintiff,
Vv.
699 SECOND DEVELOPMENT, LLC, a
California limited liability company:
CANNON CONSTRUCTORS, INC. a
California corporation ; and DOES 1-150,
inclusive,
Defendants.
AND ALL RELATED CROSS ACTIONS
fit
fit
ale
Case No, CGC-13-531203
DEFENDANT / CROSS-
COMPLAINANT BLOMBERG
BUILDING MATERIALS, INC.’S
NOTICE OF MOTION AND
MOTION FOR GOOD FAITH
SETTLEMENT DETERMINATION
Date: September 23, 2014
Time: 9:30 a.m,
Dept: 302
Reservation No.: 081214-06
Case No. CGC-13-531203
BLOMBERG BUILDING MATERIALS, INC.’S NOTICE OF MOTION AND MOTION FOR GOOD
FAITH SETTLEMENT DETERMINATIONSC Ce 6e RDN & BW Dm
RP NM NY NY DW DR RD Raa ae i
eI A A FO OW = SF oe a DAH wR DO De
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that that on September 23, 2014 at 9:30 a.m,, or as scon
thereafter as the matter may be heard in Department 302 of the San Francisco County
Superior Court, located at 400 McAllister Street, San Francisco, CA 94102,
Defendant/Cross-Complainant BLOMBERG BUILDING MATERIALS, INC. dba
BLOMBERG WINDOW SYSTEMS (“BLOMBERG”) will move, and hereby moves, this
Court for a determination that the settlement entered into by and between BLOMBERG and
Plaintiff 88 TOWNSEND STREET OWNERS ASSOCIATION (“PLAINTIFF”) has been
made in good faith within the meaning of California Code of Civil Procedure §§ 877 and
877.6. BLOMBERG further requests an Order that this good faith settlement bars ail
present and future claims against BLOMBERG based on equitable contribution or partial
comparative indemnity.
This motion is based on the Notice of Motion and Motion for Good Faith Settlement
Determination; Memorandum of Points and Authorities; Declaration of Colin W. Larson;
the papers and records on file herein; and on such evidence as may be presented at the
hearing on the motion.
Dated: August 12, 2014 Bledsoe, Catheart, Diesiel, Pedersen & Treppa,
LLP
By Bo |
StevenE. McDonald’
Colin W. Larson
Attorneys for Defendant/Cross-Complainant,
Blomberg Building Materials, Inc. dba
Blomberg Window Systems
-2- Case No. CGC-13-53 1203
BLOMBERG BUILDING MATERIALS, INC.’S NOTICE OF MOTION AND MOTION FOR GOOD
FAITH SETTLEMENT DETERMINATION
Document Filed Date
August 12, 2014
Case Filing Date
May 06, 2013
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oo 6 ND HR BR BW NY ome BO ttt SB SC oC eID HA B&B BW YD Steven E. McDonald (SBN 121949) Colin W. Larson (SBN 287243) Bledsoe, Cathcart, Diestel, Pedersen, & Treppa, LLP 601 California Street, 16" Floor San Francisco, CA 94108 Telephone: (415) 981-5411 Facsimile: (415) 981-0352 E-Mail: smedonald@bledsoclaw.com: jshea@bledsoclaw.com; clarson@bledsoelaw.com Gregory G. Dahl (SBN 124213) Law Offices of Timothy R. Wagner 2633 Camino Ramon, Suite 210 San Ramon, CA 94583 Telephone: (925) 901-2500 Facsimile: (866) 386-1186 Email: gregoryg.dahl@aig.com Attorney for Defendant/Cross-Complainant, Blomberg Building Materials, Inc. dba Blomberg Window Systems ELECTRONICALLY FILED Superior Court of California, County of San Francisco AUG 12 2014 Clerk of the Court BY: ROMY RISK Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 88 TOWNSEND STREET OWNERS ASSOCIATION, a California non-profit mutual benefit corporation, Plaintiff, Vv. 699 SECOND DEVELOPMENT, LLC, a California limited liability company: CANNON CONSTRUCTORS, INC. a California corporation ; and DOES 1-150, inclusive, Defendants. AND ALL RELATED CROSS ACTIONS fit fit ale Case No, CGC-13-531203 DEFENDANT / CROSS- COMPLAINANT BLOMBERG BUILDING MATERIALS, INC.’S NOTICE OF MOTION AND MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION Date: September 23, 2014 Time: 9:30 a.m, Dept: 302 Reservation No.: 081214-06 Case No. CGC-13-531203 BLOMBERG BUILDING MATERIALS, INC.’S NOTICE OF MOTION AND MOTION FOR GOOD FAITH SETTLEMENT DETERMINATIONSC Ce 6e RDN & BW Dm RP NM NY NY DW DR RD Raa ae i eI A A FO OW = SF oe a DAH wR DO De TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that that on September 23, 2014 at 9:30 a.m,, or as scon thereafter as the matter may be heard in Department 302 of the San Francisco County Superior Court, located at 400 McAllister Street, San Francisco, CA 94102, Defendant/Cross-Complainant BLOMBERG BUILDING MATERIALS, INC. dba BLOMBERG WINDOW SYSTEMS (“BLOMBERG”) will move, and hereby moves, this Court for a determination that the settlement entered into by and between BLOMBERG and Plaintiff 88 TOWNSEND STREET OWNERS ASSOCIATION (“PLAINTIFF”) has been made in good faith within the meaning of California Code of Civil Procedure §§ 877 and 877.6. BLOMBERG further requests an Order that this good faith settlement bars ail present and future claims against BLOMBERG based on equitable contribution or partial comparative indemnity. This motion is based on the Notice of Motion and Motion for Good Faith Settlement Determination; Memorandum of Points and Authorities; Declaration of Colin W. Larson; the papers and records on file herein; and on such evidence as may be presented at the hearing on the motion. Dated: August 12, 2014 Bledsoe, Catheart, Diesiel, Pedersen & Treppa, LLP By Bo | StevenE. McDonald’ Colin W. Larson Attorneys for Defendant/Cross-Complainant, Blomberg Building Materials, Inc. dba Blomberg Window Systems -2- Case No. CGC-13-53 1203 BLOMBERG BUILDING MATERIALS, INC.’S NOTICE OF MOTION AND MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION