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1 DOWNEY BRAND LLP
JAMIE P. DREHER (Bar No. 209380)
2 MICHAEL D. KNOX (Bar No. 295309)
621 Capitol Mall, 18tii Floor
3 Sacramento, CA 95814-4731
Telephone: (916)444-1000
4 Facsimile: (916) 444-2100
jdreher@downevbrand.com
5 mknoxfSidownevbrandcom
6 Attomeys for Plaintiff
CALIFORNIA BANK & TRUST
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8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 UNLIMITED JURISDICTION
11 CALIFORNIA BANK & TRUST, a Califomia CASENO. 34-2015-00180690
corporation.
12 SnPULATTON FOR DISMISSAL
Plaintiff, ANDn^J^^aB}t)RDER
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Action Filed: June 18,2015
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VSS COUNTERTOPS, INC., a Califomia
15 corporatiion; DUANE TUCKER, an individual;
MARCIA TUCKER, an individual; and DOES
16 1 througji SO, Inclusive,
17 Deiendants.
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19 Plaintiff Califomia Bank & Trust ("CB&T') and Defendants VSS Countertops, Inc.
20 ("VSS") and Duane Tucker and Marcia Tucker (the "Tuckers") (together, the Tuckers and VSS
21 are referred to as the "Defendants"), by and through their counsel (collectively the 'Tarties"),
22 hereby stipulate as follows:
23 RECITALS
24 A. WHEREAS, CB&T made a commercial loan to VSS in the original principal
25 amount of $815,000.00 (the "Loan"). In connection with the Loan, Defendants Duane Tucker
26 and Marcia Tucker each executed and delivered separate unconditional guarantees (together the
27 "Unconditional Gxiarantees") whereby the TuckCTS each personally and unconditionally
28 guaranteed payment to CB&T.
i«5asai 1
STIPULAnON FOR DISMISSAL AND [PROPOSED] ORDER
1 B. WHEREAS, following VSS's default on the Loan, CB&T elected to declare the
2 whole sum of principal and interest inmiediately due and payable and commenced these
3 proceedings on June 18, 2015, to enforce its rights under tiie Loan and the Unconditional
4 Guarantees (the "Action").
5 C. WHEREAS, based upon the Parties desire to resolve this matter prior to iiirther
6 litigation, the Parties entered into a Forbearance Agreement and a Stipulation and [Proposed]
7 Order to Stay Proceedings C'StipuIation") which was filed with the Court on September 16,2015,
8 and provided that certain obligations be met during the 180 day stay.
9 D. WHEREAS, this Coiirt entered its Order proving the Stipulation on September
10 22,2015, and the 180 day stay period began and remained in effect until February 15,2016.
11 E. WHEREAS, the Stipulation provided that Plaintiff would disnaiss the Action
12 without prejudice if Defendants fiilly complied with all of their obligations pursuant to the Loan,
13 the Unconditional Guarantees, and the Forbearance Agreement.
14 F. WHEREAS, iht 180 day stay has expired and Defendants have fiilly complied
15 with all of their obligations pursuant to the Loan, the Unconditional Guarantees, and the
16 Forbearance Agreement.
i? STIPULATION
18 Now therefore, in consideration of the foregoing recitals the Parties hereby agree as
19 follows:
20 Plaintiff's case against Defendants, and each of them, shall be dismissed in fiill, without
21 prejudice, with each side to bear their own fees and costs.
22 DATED: February)^ 2016 DATED: February/S, 2016
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DOWNEY BRAND LLP KNOX LEMMON & ANAPOLSKY LLP
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MICHAEI/D. ^ THOMAS'S. KNOX
26 Attomey for Plaintiff Califo^pia Bank & STEPHEN J.BYERS
Trust Attomeys for Defendants VSS
27
Countertops Inc., Duane Tucko: and
28 Marcia Tucker
STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINQ
1 ORDER
2 Pursuant to the Stipulation for EMsmissal filed by the Parties hereto, and good cause
3 appearing. Plaintiffs case against Defendants, and each of them, shall be and hereby is dismissed
4 witiiout prejudice, each party to bear their own fees and
5 m S SO ORDERED.
6 DATED: ^2016.
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nAR^2 2016
8 RAYMOND M. CADEI
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I4350m.l
STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDING
1 PROOF OF SERVICE
2 I am a resident of the State of Csdifomia, over the age of eighteen years, and not a party to
the within action. My business address is Downey Brand LLP, 621 Capitol Mall, 18th Floor,
3 Sacramento, Califomia, 95814-4731. On February 16, 2016,1 served the within document(s):
4 STIPULATION AND [PROPOSED] ORDER
5 BY FAX: by transmitting via facsimile the document(s) listed above to the fax
• number(s) set forth below on this date before 5:00 p.m.
6
BY E-MAIL: by transmitting via e-mail or electronic transmission the
7 • document(s) listed above to the person(s) at the e-mail address(es) set forth below.
8 BY MAIL: by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States mail at Sacramento, Califomia
9 addressed as set fortii below.
10 BY OVERNIGHT MAIL: by causing document(s) to be picked up by an
• ovemight delivery service company for delivery to the addressee(s) on the next
11 business day.
12 BY PERSONAL DELIVERY: by causing personal delivery by of
• the document(s) listed above to the person(s) at the address(es) set forth below.
13
Thomas S. Knox
14 Stephen J. Byers
<
ai 300 Capitol Mall, Suite 1125
CQ 15 Sacramento, CA 95814
>^
16 Attorney for VSS Countertops Inc.,
Duane Tucker and Marcia Tucker
o 17.
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I am readily familiar with thefirm'spractice of collection and processing correspondence
18 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course ofbusiness. I am aware that on
19 motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
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I declare under penalty of perjury under the laws of the State of Califomia that the above
21 is true and correct.
22 Executed on February 16,2016, at Sacramento, Califomia.
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PROOF OF SERVICE
^""^^''^ DROP SOX
'^^^FEB IS Pi^ ,..^3
Preview
Si E>ftHmSE,D 2018HAR-2 AMIMBg 1 DOWNEY BRAND LLP JAMIE P. DREHER (Bar No. 209380) 2 MICHAEL D. KNOX (Bar No. 295309) 621 Capitol Mall, 18tii Floor 3 Sacramento, CA 95814-4731 Telephone: (916)444-1000 4 Facsimile: (916) 444-2100 jdreher@downevbrand.com 5 mknoxfSidownevbrandcom 6 Attomeys for Plaintiff CALIFORNIA BANK & TRUST 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 UNLIMITED JURISDICTION 11 CALIFORNIA BANK & TRUST, a Califomia CASENO. 34-2015-00180690 corporation. 12 SnPULATTON FOR DISMISSAL Plaintiff, ANDn^J^^aB}t)RDER 13 Action Filed: June 18,2015 14 VSS COUNTERTOPS, INC., a Califomia 15 corporatiion; DUANE TUCKER, an individual; MARCIA TUCKER, an individual; and DOES 16 1 througji SO, Inclusive, 17 Deiendants. 18 19 Plaintiff Califomia Bank & Trust ("CB&T') and Defendants VSS Countertops, Inc. 20 ("VSS") and Duane Tucker and Marcia Tucker (the "Tuckers") (together, the Tuckers and VSS 21 are referred to as the "Defendants"), by and through their counsel (collectively the 'Tarties"), 22 hereby stipulate as follows: 23 RECITALS 24 A. WHEREAS, CB&T made a commercial loan to VSS in the original principal 25 amount of $815,000.00 (the "Loan"). In connection with the Loan, Defendants Duane Tucker 26 and Marcia Tucker each executed and delivered separate unconditional guarantees (together the 27 "Unconditional Gxiarantees") whereby the TuckCTS each personally and unconditionally 28 guaranteed payment to CB&T. i«5asai 1 STIPULAnON FOR DISMISSAL AND [PROPOSED] ORDER 1 B. WHEREAS, following VSS's default on the Loan, CB&T elected to declare the 2 whole sum of principal and interest inmiediately due and payable and commenced these 3 proceedings on June 18, 2015, to enforce its rights under tiie Loan and the Unconditional 4 Guarantees (the "Action"). 5 C. WHEREAS, based upon the Parties desire to resolve this matter prior to iiirther 6 litigation, the Parties entered into a Forbearance Agreement and a Stipulation and [Proposed] 7 Order to Stay Proceedings C'StipuIation") which was filed with the Court on September 16,2015, 8 and provided that certain obligations be met during the 180 day stay. 9 D. WHEREAS, this Coiirt entered its Order proving the Stipulation on September 10 22,2015, and the 180 day stay period began and remained in effect until February 15,2016. 11 E. WHEREAS, the Stipulation provided that Plaintiff would disnaiss the Action 12 without prejudice if Defendants fiilly complied with all of their obligations pursuant to the Loan, 13 the Unconditional Guarantees, and the Forbearance Agreement. 14 F. WHEREAS, iht 180 day stay has expired and Defendants have fiilly complied 15 with all of their obligations pursuant to the Loan, the Unconditional Guarantees, and the 16 Forbearance Agreement. i? STIPULATION 18 Now therefore, in consideration of the foregoing recitals the Parties hereby agree as 19 follows: 20 Plaintiff's case against Defendants, and each of them, shall be dismissed in fiill, without 21 prejudice, with each side to bear their own fees and costs. 22 DATED: February)^ 2016 DATED: February/S, 2016 23 DOWNEY BRAND LLP KNOX LEMMON & ANAPOLSKY LLP 24 25 MICHAEI/D. ^ THOMAS'S. KNOX 26 Attomey for Plaintiff Califo^pia Bank & STEPHEN J.BYERS Trust Attomeys for Defendants VSS 27 Countertops Inc., Duane Tucko: and 28 Marcia Tucker STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINQ 1 ORDER 2 Pursuant to the Stipulation for EMsmissal filed by the Parties hereto, and good cause 3 appearing. Plaintiffs case against Defendants, and each of them, shall be and hereby is dismissed 4 witiiout prejudice, each party to bear their own fees and 5 m S SO ORDERED. 6 DATED: ^2016. 7 nAR^2 2016 8 RAYMOND M. CADEI 9 10 11 12 13 14 15 16 il 18 19 20 21 22 23 24 25 26 27 28 I4350m.l STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDING 1 PROOF OF SERVICE 2 I am a resident of the State of Csdifomia, over the age of eighteen years, and not a party to the within action. My business address is Downey Brand LLP, 621 Capitol Mall, 18th Floor, 3 Sacramento, Califomia, 95814-4731. On February 16, 2016,1 served the within document(s): 4 STIPULATION AND [PROPOSED] ORDER 5 BY FAX: by transmitting via facsimile the document(s) listed above to the fax • number(s) set forth below on this date before 5:00 p.m. 6 BY E-MAIL: by transmitting via e-mail or electronic transmission the 7 • document(s) listed above to the person(s) at the e-mail address(es) set forth below. 8 BY MAIL: by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Sacramento, Califomia 9 addressed as set fortii below. 10 BY OVERNIGHT MAIL: by causing document(s) to be picked up by an • ovemight delivery service company for delivery to the addressee(s) on the next 11 business day. 12 BY PERSONAL DELIVERY: by causing personal delivery by of • the document(s) listed above to the person(s) at the address(es) set forth below. 13 Thomas S. Knox 14 Stephen J. Byers < ai 300 Capitol Mall, Suite 1125 CQ 15 Sacramento, CA 95814 >^ 16 Attorney for VSS Countertops Inc., Duane Tucker and Marcia Tucker o 17. Q I am readily familiar with thefirm'spractice of collection and processing correspondence 18 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course ofbusiness. I am aware that on 19 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 20 I declare under penalty of perjury under the laws of the State of Califomia that the above 21 is true and correct. 22 Executed on February 16,2016, at Sacramento, Califomia. 23 24 25 ler 26 27 28 PROOF OF SERVICE ^""^^''^ DROP SOX '^^^FEB IS Pi^ ,..^3