Preview
i M D 0 R S-E y
2te.SEP/227 AH/5: Ul
1 DOWNEY BRAND LLP
1
JAMIE P. DREHER (Bar No. 209380)
2 MICHAEL D. KNOX (Bar No. 295309)
621 Capitol Mall, 18tb Floor
3 Sacramento, CA 95814-4731
Telephone: (916)444-1000
4 Facsimile: (916) 444-2100
idreher@downeybrand.com
•
5 mlcnox(3)downevbrand .com
03
6 Attomeys for Plaintiff
CALIFORNIA BANK & TRUST
7
X 8
9 SUPERIOR COURT OF CALIFORNL\
10 COUNTY OF SACRAMENTO
11 UNLIMITED JURISDICTION
12 CALIFORNIA BANK & TRUST, a Califomia CASENO- 34-2015-00180690 ^
corporation.
13 STIPULATION AND [PROE0SED1
Plaintiff ORDER TO STAY PROCEEDING
14
15
VSS COUNTERTOPS, INC., a California
16 corporation; DUANE TUCKER, an individual;
MARCIA TUCKER, an individual; and DOES Dept:
1 17 1 through 50, Inclusive,
Judge:
!
i 18 Defendants.
! 19
1
20 Plaintiff California Bank & Trust ("CB«&r') and Defendants VSS Countertops, Inc.
21 ("VSS") and Duane Tucker and Marcia Tucker (the 'Tuckers") {together, the Tuckers and VSS
22 are referred to as the 'T>efendants'^, by and through their counsel! of record (collectively the
j 23 'Tarties"), hereby stipulate and agree as follows:
24 RECITALS
25 A. WHEREAS, CB&T made a conunercial loan to VSS in the original principal
i 26 amount of $815,000.00 (the "Loan"). In connection with the Loan, Defendants Duane Tucker
27 and Marcia Tucker each executed and delivered separate imconditional guarantees (together the
i
28 ///
KIKQU
1
STIPULATION AND [PROPOSED] CKDER TO STAY PROCEEDING
1 I "Unconditional Guarantees") whereby the Tuckers each personally and unconditionally
2 I guaranteed payment to CB&T.
3 I B. WHEREAS,foUowingVSS's default on the Loan, CB&T elected to declare the
4 I whole sum of principal and interest immediately due and payable and conunenced these
5 proceedings on June 18, 2015 to enforce its rights under the Loan and the Unconditional
6 Guarantees (the "Action").
7 C. WHEREAS, CB&T also sought a writ of possession and a writ of attachment as
8 part of these proceedings and a hearing was held on those applications on July 29, 2015, at which
9 the Court indicated it would grant CB&T's motion and issue a writ of possession as to VSS and a
10 writ of attachment as to both VSS and Duane Tucker.
11 D. WHEREAS, the Parties desire to resolve this matter and have negotiated a
12 Forbearance Agreement to enable the Defendants to reinstate the Loan. The purpose of this
13 Stipulation is to preserve the procedural and substantive status quo of this Action, including the
14 issuance ofthe writ of possession against VSS and the writ of attachment against VSS and Duane
15 Tucker. The Parties enter this Stipulation mutually for the sole purpose of promoting judicial
16 I economy and eflRciency in resolving the claims in this Action. This Stipulation is not intended by
17 I the Parties to affect or impact the claims, defenses, objections, or arguments they have or may
18 I have in this Action.
19 NOW, THEREFORE, the PartKS agree as follows:
20 1. Further proceedings in this Action, Sacramento County Superior Court Case
21 Number 34-2015-00180690 shall be stayed for 180 days until February 15, 2016, to permit the
22 Parties sufficient time to reinstate the Loan pursuant to the terms ofthe Forbearance Agreement.
23 2. This stay tolls all statutory periods applicable to the Action, including the time
24 remaining as ofthe date of entry ofthis Stipulation and Order to bring the matter to trial under
25 Code ofCivil Procediwe section 583.310.
26 3. If at any time Defendants fail to fully comply with all of their obligations pursuant
27 I to the Loan, the Unconditional Guarantees, or the Forbearance Agreement within the 180 day stay
28 j provided for herein, then CB&T may tenninate the stay by filing a written notice in this Action
STIPXJLATION AND (PROPOSED) ORDER TO STAY PROCEEDING
1 identifying the de&uh. The stay provided for herein shall terminatefive(5) business days after
2 filing of such a notice. Upon termination of the stay, CB&T will be entitled to execute the writ of
3 possession and the writ of attachment previously approved by the Court herein.
4 4. Aier 180 days, CB&T wiU dismiss this Action without prejudice if Defendants
5 have fiilly complied with all of their obligations pursuant to the Loan and the Forbearance
6 Agreement.
7 5. The Parties expressly preserve all claims, defenses, objections, or legal arguments
8 they have or may have in this Action.
9 ms SO STIPULATED:
10
DATED: September};£20\5 DOWNEY BRAND LLP
11
12 By:.
13 AttomeyforPlaintifF Califomia Bank & Trust
14
15 DATED: Sq)temberX 2015 KNOX LEMMON & ANAPOLSKY LLP
16
17 THOMAS S. KNOX
18 STEPHEN J. BYERS
Attomeys for Defendants VSS Countertops
19 Inc., Duane Tucker and Marcia Tucker
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROTOSED] ORDER TO STAY PROCEEDING
1 ORDER
2 Pursuant to the Parties' Stipulation and good cause appearing, the Court hereby stays
3 fiirther proceedings in this Action, Sacramento County Superior Court Case Number 34-2015-
4 00180690 for a period of 180 days until February 15, 2016, to permit the Parties sufficient time to
i 1
5 reinstate the Loan pm'suant to the terms of their Forbearance Agreemem. This stay tolls all
6 statutory per iods applicable to the Action, including the time remaining as of the date of entry of
7 this Stipulation and Order to bring the matter to trial under Code of Civil Procedure section
8 583.310.
9 It isfiutherordered that, if at any time Defendants fail to fiilly comply with all of theb
10 obligations pursuant to the Loan, the Unconditional Guarantees, or the Forbearance Agreement
11 within the 180 day stay provided for herein, then Plaintiff may terminate the stay by filing a
12 written notice in this Action identifying the default. The stay provided for hereui shall terminate
13 five (5) business days after filing of such a notice. Upon termination of the stay. Plaintiff will be
14 entitled to execute the writ of possession aiid the writ of attachment previously approved herein.
15 After 180 days. Plaintiff will dismiss this Action withom prejudice if Defendants have
16 fiilly complied with all of their obligations pursuant to the Loan and the Forbearance Agreement.
17 The Parties expressly preserve all claims, defenses, objections, or legal arguments they
18 have or may have in this Action.
19
20 IT IS SO ORDERED.
21
DATED: September ,2015
22
23
RAYMOND M. CADEI
24 SEP 2 2 2015
25
26
27
28
STIPULATION AND (PROPOSED] ORDER TO STAY PROCEEDING
I PROOF OF SERVICE
2 1 am a resident of the State of CaHfomia, over the age of eighteen years, and not a party to
the vvithin action. My business address is Downey Brand LLP, 621 Capitol Mall, 1 Sth Floor,
-I
Sacramento, Califomia, 95814-4731. On September 15, 2015,1 served the within document(s):
J
STIPULATION AND (PROPOSED) ORDER TO STAY
4 PROCEEDING
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 M A I L : by placing the document(s) listed above in a sealed envelope with
postage thereon fiilly prepaid, in the United States mail at Sacramento, Califomia
9 addressed as set forth below.
10 BY OVERNIGHT M A I L : 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.
a. 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
2 Thomas S. Knox
<
14 Stephen J. Byers
300 Capitol Mall, Suite 1125
' >-
u 15 Sacramento, CA 95814
Attorney for VSS Countertops Inc.,
16
Duane Tucker and Marcia Tucker
17
I am readily familiar with the firm's practice 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
1 declare under penalty of perjury under the laws of the State of Califomia that the above
21 is true and correct.
22 Executed on September 15, 2015, at Sacramento, Califomia.
23
24
MaroiFrazier
25
26
27
28
PROOF OF SRRVICE
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i M D 0 R S-E y 2te.SEP/227 AH/5: Ul 1 DOWNEY BRAND LLP 1 JAMIE P. DREHER (Bar No. 209380) 2 MICHAEL D. KNOX (Bar No. 295309) 621 Capitol Mall, 18tb Floor 3 Sacramento, CA 95814-4731 Telephone: (916)444-1000 4 Facsimile: (916) 444-2100 idreher@downeybrand.com • 5 mlcnox(3)downevbrand .com 03 6 Attomeys for Plaintiff CALIFORNIA BANK & TRUST 7 X 8 9 SUPERIOR COURT OF CALIFORNL\ 10 COUNTY OF SACRAMENTO 11 UNLIMITED JURISDICTION 12 CALIFORNIA BANK & TRUST, a Califomia CASENO- 34-2015-00180690 ^ corporation. 13 STIPULATION AND [PROE0SED1 Plaintiff ORDER TO STAY PROCEEDING 14 15 VSS COUNTERTOPS, INC., a California 16 corporation; DUANE TUCKER, an individual; MARCIA TUCKER, an individual; and DOES Dept: 1 17 1 through 50, Inclusive, Judge: ! i 18 Defendants. ! 19 1 20 Plaintiff California Bank & Trust ("CB«&r') and Defendants VSS Countertops, Inc. 21 ("VSS") and Duane Tucker and Marcia Tucker (the 'Tuckers") {together, the Tuckers and VSS 22 are referred to as the 'T>efendants'^, by and through their counsel! of record (collectively the j 23 'Tarties"), hereby stipulate and agree as follows: 24 RECITALS 25 A. WHEREAS, CB&T made a conunercial loan to VSS in the original principal i 26 amount of $815,000.00 (the "Loan"). In connection with the Loan, Defendants Duane Tucker 27 and Marcia Tucker each executed and delivered separate imconditional guarantees (together the i 28 /// KIKQU 1 STIPULATION AND [PROPOSED] CKDER TO STAY PROCEEDING 1 I "Unconditional Guarantees") whereby the Tuckers each personally and unconditionally 2 I guaranteed payment to CB&T. 3 I B. WHEREAS,foUowingVSS's default on the Loan, CB&T elected to declare the 4 I whole sum of principal and interest immediately due and payable and conunenced these 5 proceedings on June 18, 2015 to enforce its rights under the Loan and the Unconditional 6 Guarantees (the "Action"). 7 C. WHEREAS, CB&T also sought a writ of possession and a writ of attachment as 8 part of these proceedings and a hearing was held on those applications on July 29, 2015, at which 9 the Court indicated it would grant CB&T's motion and issue a writ of possession as to VSS and a 10 writ of attachment as to both VSS and Duane Tucker. 11 D. WHEREAS, the Parties desire to resolve this matter and have negotiated a 12 Forbearance Agreement to enable the Defendants to reinstate the Loan. The purpose of this 13 Stipulation is to preserve the procedural and substantive status quo of this Action, including the 14 issuance ofthe writ of possession against VSS and the writ of attachment against VSS and Duane 15 Tucker. The Parties enter this Stipulation mutually for the sole purpose of promoting judicial 16 I economy and eflRciency in resolving the claims in this Action. This Stipulation is not intended by 17 I the Parties to affect or impact the claims, defenses, objections, or arguments they have or may 18 I have in this Action. 19 NOW, THEREFORE, the PartKS agree as follows: 20 1. Further proceedings in this Action, Sacramento County Superior Court Case 21 Number 34-2015-00180690 shall be stayed for 180 days until February 15, 2016, to permit the 22 Parties sufficient time to reinstate the Loan pursuant to the terms ofthe Forbearance Agreement. 23 2. This stay tolls all statutory periods applicable to the Action, including the time 24 remaining as ofthe date of entry ofthis Stipulation and Order to bring the matter to trial under 25 Code ofCivil Procediwe section 583.310. 26 3. If at any time Defendants fail to fully comply with all of their obligations pursuant 27 I to the Loan, the Unconditional Guarantees, or the Forbearance Agreement within the 180 day stay 28 j provided for herein, then CB&T may tenninate the stay by filing a written notice in this Action STIPXJLATION AND (PROPOSED) ORDER TO STAY PROCEEDING 1 identifying the de&uh. The stay provided for herein shall terminatefive(5) business days after 2 filing of such a notice. Upon termination of the stay, CB&T will be entitled to execute the writ of 3 possession and the writ of attachment previously approved by the Court herein. 4 4. Aier 180 days, CB&T wiU dismiss this Action without prejudice if Defendants 5 have fiilly complied with all of their obligations pursuant to the Loan and the Forbearance 6 Agreement. 7 5. The Parties expressly preserve all claims, defenses, objections, or legal arguments 8 they have or may have in this Action. 9 ms SO STIPULATED: 10 DATED: September};£20\5 DOWNEY BRAND LLP 11 12 By:. 13 AttomeyforPlaintifF Califomia Bank & Trust 14 15 DATED: Sq)temberX 2015 KNOX LEMMON & ANAPOLSKY LLP 16 17 THOMAS S. KNOX 18 STEPHEN J. BYERS Attomeys for Defendants VSS Countertops 19 Inc., Duane Tucker and Marcia Tucker 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROTOSED] ORDER TO STAY PROCEEDING 1 ORDER 2 Pursuant to the Parties' Stipulation and good cause appearing, the Court hereby stays 3 fiirther proceedings in this Action, Sacramento County Superior Court Case Number 34-2015- 4 00180690 for a period of 180 days until February 15, 2016, to permit the Parties sufficient time to i 1 5 reinstate the Loan pm'suant to the terms of their Forbearance Agreemem. This stay tolls all 6 statutory per iods applicable to the Action, including the time remaining as of the date of entry of 7 this Stipulation and Order to bring the matter to trial under Code of Civil Procedure section 8 583.310. 9 It isfiutherordered that, if at any time Defendants fail to fiilly comply with all of theb 10 obligations pursuant to the Loan, the Unconditional Guarantees, or the Forbearance Agreement 11 within the 180 day stay provided for herein, then Plaintiff may terminate the stay by filing a 12 written notice in this Action identifying the default. The stay provided for hereui shall terminate 13 five (5) business days after filing of such a notice. Upon termination of the stay. Plaintiff will be 14 entitled to execute the writ of possession aiid the writ of attachment previously approved herein. 15 After 180 days. Plaintiff will dismiss this Action withom prejudice if Defendants have 16 fiilly complied with all of their obligations pursuant to the Loan and the Forbearance Agreement. 17 The Parties expressly preserve all claims, defenses, objections, or legal arguments they 18 have or may have in this Action. 19 20 IT IS SO ORDERED. 21 DATED: September ,2015 22 23 RAYMOND M. CADEI 24 SEP 2 2 2015 25 26 27 28 STIPULATION AND (PROPOSED] ORDER TO STAY PROCEEDING I PROOF OF SERVICE 2 1 am a resident of the State of CaHfomia, over the age of eighteen years, and not a party to the vvithin action. My business address is Downey Brand LLP, 621 Capitol Mall, 1 Sth Floor, -I Sacramento, Califomia, 95814-4731. On September 15, 2015,1 served the within document(s): J STIPULATION AND (PROPOSED) ORDER TO STAY 4 PROCEEDING 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 M A I L : by placing the document(s) listed above in a sealed envelope with postage thereon fiilly prepaid, in the United States mail at Sacramento, Califomia 9 addressed as set forth below. 10 BY OVERNIGHT M A I L : 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. a. 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 2 Thomas S. Knox < 14 Stephen J. Byers 300 Capitol Mall, Suite 1125 ' >- u 15 Sacramento, CA 95814 Attorney for VSS Countertops Inc., 16 Duane Tucker and Marcia Tucker 17 I am readily familiar with the firm's practice 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 1 declare under penalty of perjury under the laws of the State of Califomia that the above 21 is true and correct. 22 Executed on September 15, 2015, at Sacramento, Califomia. 23 24 MaroiFrazier 25 26 27 28 PROOF OF SRRVICE