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  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview 
						
                                
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                                28
LAW OFFICES

BERKES CRANE
SANTANA & SPANGLER

BERKES CRANE SANTANA & SPANGLER LLP

Viiu Spangler (SBN 190429)
vspangler@besslaw.com

Laurie S. Julien (SBN 136974)
Ijulien@besslaw.com

515 South Figueroa Street, Suite 1500

Los Angeles, California 90071

Telephone: (213) 955-1150

Facsimile: (213) 955-1155

Attorneys for Specially Appearing and

[Proposed] Intervenor GREAT AMERICAN

INSURANCE COMPANY

F I

San Francisae Corint & merior Court

JUL 14 2022
CLERK OF {HE COURT

By: ‘Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

CHARLES TOBEY,
Plaintiff,
v
ASBESTOS DEFENDANTS (B*P) As
Reflected on Exhibits B, B-1, C, H, I; and
DOES 1-8500, ,

Defendant.

CASE No. CGC-07-274226

STIPULATION TO VACATE AND SET
ASIDE ENTRY OF DEFAULT AND
DEFAULT JUDGMENT AGAINST
DEFENDANT FOLEY-PMI, INC. AND
FOR GREAT AMERICAN INSURANCE
COMPANY TO INTERVENE;

wo ORDER
The Hon. Cynthia M. Lee, Dept. 503

Action Filed: June 5, 2007
Trial Date: N/A

STIPULATION TO VACATE AND SET ASIDE ENTRY OF DEFAULT AND

DEFAULT JUDGMENT AGAINST DEFENDANT FOLEY-PMLI, Note ORDER28
LAW OFFICES.

BERKES CRANE
SANTANA & SPANGLER

Specially Appearing and [Proposed] Intervenor Great American Insurance Company
(“GAIC”), solely in its capacity as insurer of FOLEY-PMI, INC. (“Foley-PMI”), a suspended
corporation, and Plaintiff CHARLES TOBEY (“Plaintiff”), through their respective counsels,

hereby stipulate as follows:

1. The Dismissal without prejudice of the Complaint is herebysetaside as to GAIC
only, and-the-eas

2. The entry of Default entered against Foley-PMI on August 12, 2008 is hereby
vacated and set aside as to GAIC only;

3. The Default Judgment entered against Foley-PMI on March 16, 2017, in the

amount of $407,927.92, is hereby vacated and set aside as to GAIC only;
4. GAIC will file an Answer-in-Intervention, in its capacity as insurer for Foley-PMI,
within fifteen (15) days of the Court’s Order below; and
5. While GAIC is intervening and defending Foley-PMI in this Action, Plaintiff
agrees not to file an action pursuant to California Insurance Code Section 11580(b)(2), or an
action.against any former owner, officer, shareholder, and/or director of Foley-PMI, to enforce or
collect the Default Judgment entered on, March 16,2017, without first, (1) providing written notice
1]
11
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T/1
//1
1
HII
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//1
11
Hf

///
2

STIPULATION TO VACATE AND SET ASIDE ENTRY OF DEFAULT AND

DEFAULT JUDGMENT AGAINST DEFENDANT FOLEY-PMI, GS ORDERaN Da nA F&F WN

LAW OFFICES.
BERKES CRANE
SANTANA & SPANGLER

to counsel for GAIC, and (2) meeting and conferring in person or by telephone with counsel for
GAIC.
IT IS SO STIPULATED.

DATED: July 12, 2022 BERKES CRANE SANTANA & SPANGLER LLP

By: Laude S. Gatien

VIIU SPANGLER KHARE

- LAURIE S. JULIEN
Attorneys for Specially Appearing and
[Proposed] Intervenor GREAT AMERICAN
INSURANCE COMPANY

DATED: July 8 , 2022 BRAYTON PURCELL

By:

ALANBRAYTON

DAVID R. DONADIO

JASON ROSE

Attorneys for Plaintiff, CHARLES TOBEY

PROPOSED) ORDER

IT IS SO ORDERED.

DATED: 1 2022 (

HON. CYNTHIA M. BEE__
Judge of the Superior Court

65H7359.DOCX

3

STIPULATION TO VACATE AND SET ASIDE ENTRY OF DEFAULT AND
DEFAULT JUDGMENT AGAINST DEFENDANT FOLEY-PMI, INC.; | ORDER