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1 DOWNEY BRAND LLP
JAMIE P. DREHER (Bar No. 209380)
2 MICHAEL D. KNOX (Bar No. 295309)
621 Capitol Mall, I8th Ftoor
3 Sacramento, CA 95814-4731
Telephone: (916) 444-1000
4 Facsimile: (916)444-2100
idreher(aidownevbrand.com
5 mknox(3kiownevbrand .com
6 Attomeys for PlaintifF
CAUFORNIA BANK & TRUST
7
8
9 SUPERIOR COURT OF CALIFORNIA
ID COUNTY OF SACRAMENTO
11 UNLIMITED JURISDICTION
12 CALIFORNIA BANK & TRUST, a Califomia CASENO. 34-2015-00180690
corporation,
13 STIPULATION AND [PROPOSED]
PlaiotifE ORDER TO STAY PROCEEDING
14
V.
15
VSS COUNTERTOPS, INC., a California
16 corporation; DUANE TUCKER, an individual;
MARCIA TUCKER, an individual; and DOES Dept:
17 1 through 50, Inchjsive,
Judge:
18 Defendants.
19
20 Plaintiff Califomia Bank & Trust ("CB&T") 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 counself of record (collectively the
23 'Tartics"), hereby stipulate and agree as follows:
24 RECITALS
25 A WHEREAS, CB&T made a commercial loan to VSS in the original principal
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 unconditional guarantees (together the
28 ///
I
STIPin-ATION AND [PROPOSED] ORDER TO STAY PROCEEDING
SEP ^6 "2015
65
'^OP SOX'
-ft....1,0 COUNTY
1 1 "Unconditional Guarantees") whereby the Tuckers each personally and unconditionally
2 I guaranteed payment to CB&T.
3 I B. WHEREAS, foltowing VSS's default on die Loan, CB&T elected to declare the
4 I whole sum of principfil and interest immediately due and payable and commenced these
5 I 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.
II D. WHEREAS, the Parties desire to resolve this matter and have negotiated a
12 i Forbearance Agreement to enable the Defendants to reinstate the Loan. The purpose of this
13 I Stipulation is to preserve the procedural and substantive status quo of this Action, including the
14 issuance of the 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 efficiency 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 j have in this Action.
19 j NOW, THEREFORE, the Parties agree as foUows:
20 I 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 CodeofCivii Procedure sectron 583.310.
26 3. If at any time Defendants fail to flilly comply with all of their obligations pursuant
27 to the Loan, the Unconditranal Guarantees, or the Forbearance Agreement withm the 180 day stay
28 provided for herein, then CB&T may terminate the stay by filing a written notice in this Action
STIPIILATION 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 bf
3 possession and the writ of attachment previously approved by the Court herein.
4 4. After 180 days, CB&T will dismiss this Actron 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 ail claims, defenses, objections, or legal arguments
8 tliey have or may have in this Action.
9 m s SO STIPULATED:
10 DATED: September 2015 DOWNEY BRAND LLP
11
12 By:.
M l C l i ^ D JCNOX "3 -^i. ^
13 Attorney foT Plaintiff Califomia Bank & Tmst
14
15 L
DATED: September jL,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
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STIPULATION AND [PROPOSED] 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 Actron, 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
5 I reinstate the Loan pursuant to the terms of their Forbearance Agreement. This stay tolls all
6 statutory periods 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 is fiirther ordered that, if at any time Defendants fail to fiiliy comply with all of their
10 obligations pursuant to the Loan, the Unconditional Guarantees, or the Forbearance Agreement
11 within the 180 day stay provided for herein, then Plainti£f may terminate the stay by filing a
12 written notice in this Action kientifying the default. The stay provided for herein 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 and the writ of attachment previously approved herein.
15 After 180 days, Plaintiff will dismiss this Action without prejudice if Defendants have
16 fiilly complied with all of their obligations pursuant to tbe Loan and die 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 JUDGE OF THE SUPERIOR COURT
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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDING
1 PROOFOFSERVICE
2 1 am a resident ofthe State of Califomia, 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 September 15, 2015, I served the within document(s):
4 STIPULATION AND IPROPOSED) ORDER TO STAY
PROCEEDING
5
BY FAX: by transmitting via facsimile the document(s) listed above to the fax
6 • number(s) set forth below on this date before 5:00 p.m.
7 BY E-MAIL: by transmitting via e-mail or electronic transmission the
• 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
9 [X] postage thereon ftilly prepaid, in the United States mail at Sacramento, Califomia
addressed as set forth below.
10
BY OVERNIGHT .MAIL: by causing document(s) to be picked up by an
11 • overnight delivery ser\'ice company for delivery to the addressee(s) on the next
business day.
12
a, BY PERSONAL DELIVERY: by causing personal delivery by of
13 • the document(s) listed above to the person(s) at the address(es) set forth below.
Z 14 Thomas S. Knox
<
oi Stephen J. Byers
as . 15
>
300 Capitol Mall, Suite 1125
Sacramento, CA 95814
16
Attorney for VSS Countertops Inc.,
17 Duane Tucker and Marcia Tucker
18 I am readily familiar with the firm's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
19 day with postage thereon fiilly prepaid in the ordinary course of business. I am aware that on
motion ofthe party served, service is presumed invalid if postal cancellation date or postage
20 meter date is more than one day after date of deposit for mailing in affidavit.
21 1 declare under penalty of perjury under the laws of the State of Califomia that the above
is true and correct.
22
Executed on September 15, 2015, at Sacramento, Califomia.
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PROOFOFSERVICE
Preview
-n 1 DOWNEY BRAND LLP JAMIE P. DREHER (Bar No. 209380) 2 MICHAEL D. KNOX (Bar No. 295309) 621 Capitol Mall, I8th Ftoor 3 Sacramento, CA 95814-4731 Telephone: (916) 444-1000 4 Facsimile: (916)444-2100 idreher(aidownevbrand.com 5 mknox(3kiownevbrand .com 6 Attomeys for PlaintifF CAUFORNIA BANK & TRUST 7 8 9 SUPERIOR COURT OF CALIFORNIA ID COUNTY OF SACRAMENTO 11 UNLIMITED JURISDICTION 12 CALIFORNIA BANK & TRUST, a Califomia CASENO. 34-2015-00180690 corporation, 13 STIPULATION AND [PROPOSED] PlaiotifE ORDER TO STAY PROCEEDING 14 V. 15 VSS COUNTERTOPS, INC., a California 16 corporation; DUANE TUCKER, an individual; MARCIA TUCKER, an individual; and DOES Dept: 17 1 through 50, Inchjsive, Judge: 18 Defendants. 19 20 Plaintiff Califomia Bank & Trust ("CB&T") 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 counself of record (collectively the 23 'Tartics"), hereby stipulate and agree as follows: 24 RECITALS 25 A WHEREAS, CB&T made a commercial loan to VSS in the original principal 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 unconditional guarantees (together the 28 /// I STIPin-ATION AND [PROPOSED] ORDER TO STAY PROCEEDING SEP ^6 "2015 65 '^OP SOX' -ft....1,0 COUNTY 1 1 "Unconditional Guarantees") whereby the Tuckers each personally and unconditionally 2 I guaranteed payment to CB&T. 3 I B. WHEREAS, foltowing VSS's default on die Loan, CB&T elected to declare the 4 I whole sum of principfil and interest immediately due and payable and commenced these 5 I 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. II D. WHEREAS, the Parties desire to resolve this matter and have negotiated a 12 i Forbearance Agreement to enable the Defendants to reinstate the Loan. The purpose of this 13 I Stipulation is to preserve the procedural and substantive status quo of this Action, including the 14 issuance of the 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 efficiency 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 j have in this Action. 19 j NOW, THEREFORE, the Parties agree as foUows: 20 I 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 CodeofCivii Procedure sectron 583.310. 26 3. If at any time Defendants fail to flilly comply with all of their obligations pursuant 27 to the Loan, the Unconditranal Guarantees, or the Forbearance Agreement withm the 180 day stay 28 provided for herein, then CB&T may terminate the stay by filing a written notice in this Action STIPIILATION 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 bf 3 possession and the writ of attachment previously approved by the Court herein. 4 4. After 180 days, CB&T will dismiss this Actron 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 ail claims, defenses, objections, or legal arguments 8 tliey have or may have in this Action. 9 m s SO STIPULATED: 10 DATED: September 2015 DOWNEY BRAND LLP 11 12 By:. M l C l i ^ D JCNOX "3 -^i. ^ 13 Attorney foT Plaintiff Califomia Bank & Tmst 14 15 L DATED: September jL,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 [PROPOSED] 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 Actron, 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 5 I reinstate the Loan pursuant to the terms of their Forbearance Agreement. This stay tolls all 6 statutory periods 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 is fiirther ordered that, if at any time Defendants fail to fiiliy comply with all of their 10 obligations pursuant to the Loan, the Unconditional Guarantees, or the Forbearance Agreement 11 within the 180 day stay provided for herein, then Plainti£f may terminate the stay by filing a 12 written notice in this Action kientifying the default. The stay provided for herein 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 and the writ of attachment previously approved herein. 15 After 180 days, Plaintiff will dismiss this Action without prejudice if Defendants have 16 fiilly complied with all of their obligations pursuant to tbe Loan and die 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 JUDGE OF THE SUPERIOR COURT 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDING 1 PROOFOFSERVICE 2 1 am a resident ofthe State of Califomia, 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 September 15, 2015, I served the within document(s): 4 STIPULATION AND IPROPOSED) ORDER TO STAY PROCEEDING 5 BY FAX: by transmitting via facsimile the document(s) listed above to the fax 6 • number(s) set forth below on this date before 5:00 p.m. 7 BY E-MAIL: by transmitting via e-mail or electronic transmission the • 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 9 [X] postage thereon ftilly prepaid, in the United States mail at Sacramento, Califomia addressed as set forth below. 10 BY OVERNIGHT .MAIL: by causing document(s) to be picked up by an 11 • overnight delivery ser\'ice company for delivery to the addressee(s) on the next business day. 12 a, BY PERSONAL DELIVERY: by causing personal delivery by of 13 • the document(s) listed above to the person(s) at the address(es) set forth below. Z 14 Thomas S. Knox < oi Stephen J. Byers as . 15 > 300 Capitol Mall, Suite 1125 Sacramento, CA 95814 16 Attorney for VSS Countertops Inc., 17 Duane Tucker and Marcia Tucker 18 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 19 day with postage thereon fiilly prepaid in the ordinary course of business. I am aware that on motion ofthe party served, service is presumed invalid if postal cancellation date or postage 20 meter date is more than one day after date of deposit for mailing in affidavit. 21 1 declare under penalty of perjury under the laws of the State of Califomia that the above is true and correct. 22 Executed on September 15, 2015, at Sacramento, Califomia. 23 24 25 26 27 28 PROOFOFSERVICE