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James S. Link (State Bar # 94280)
Counselor & Advocate at Law F L
215 N. Marengo Ave., 3rd Floor
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ggetmwgggm g§§$RFOfinm
Pasadena, CA 91 101 SAN BERNARDINO
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(626) 793-9570
(626) 628-1925 (fax)
IMY 0 9 2022
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In association with
BY NM
MTM HEW
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j/
Vernon E. Murray, Esq., SB N0. 44591
215 North Marengo Avenue, Third Floor
Pasadena, California 91 10 l - 1 504
(626) 584-9860
Attorneys for Plaintiffs Vernon E. Murray, in his individual capacity and as the General Partner of
10 The Walnut Plaza, Ltd., and The Walnut Plaza, Ltd.
11 Superior Court Of The State Of California
12
For The County Of San Bernardino
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Vernon E. Murray in his individual capacity CASE NO. CIVDSl812545
14 and as the General Partner of The Walnut (Complaint filed 5/22/2018)
Plaza, Ltd. and The Walnut Plaza, Ltd., (Assigned to the Hon. David Cohn)
15
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Plaintiffs, PLAINTIFFS’ APPLICATION FOR ORDER
DETERMINING GOOD FAITH 0F
17 vs. SETTLEMENT; DECLARATION OF
JAMES S. LINK; PROPOSED ORDER
18
Bryant Bergeson, individually and doing
business as KADTEC, Mauricio Rodriguez, izo/vfiqsg
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individually and dba M.R. Home Design and
20 Drafting Service, Jim Robbins, individually
and doing business as Robbins Construction,
21 Alec Seaman, individual and doing business as
Alec Seaman Construction, Aaron K.
22
Anderson, individually and doing business as
23 Aaron K. Anderson Construction and DOES 1
through 10, inclusive,
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Defendants.
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Plaintiffs Vernon E. Murray, in his individual capacity and as the General Partner of The
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Walnut Plaza, Ltd., and The Walnut Plaza, Ltd. (collectively called Plaintiffs) apply to this Court
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in accordance with the provisions of Code 0f Civil Procedure Section 877.6(a)(2) for a
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determination that the settlement described below was entered into in good faith.
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PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SE'I'I'LEMENT; DECLARATION OF
JAMES S. LINK; PROPOSED ORDER
1. Settling Parties: The parties to this settlement are Plaintiffs and Defendants
BRYANT BERGESON and BERGESON & ASSOCIATES, INC. dba KADTEC (collectively
called Bergeson).
2. Terms: The basis of the settlement is that Plaintiffs contend that they suffered
damages in excess of $1 .8 million as a result of the breach of the standard 0f care by Bergeson in
the structural design of and structural approvals during the construction of the home located at
28728 Palisades Drive, Lake Arrowhead, California (hereafter Arrowhead Property). Plaintiffs
have pled among other matters the following allegations: (a) Bergeson prepared the faulty
structural plans that required structural retrofitting of the home 0n the Arrowhead Property; (b)
10 Bergeson failed to identify the structural steel components that had not been installed as required
11 structural plans that required removal and reconstruction
by the costs; and (c) Bergeson negligently
12 located the foundation for the home one foot below the correct level on the survey requiring the
13 ridgeline, garage floor and loft floor of the home to be raised.
14 Amount: Bergeson has agreed to Plaintiffs $693,000. This settlement amount
3. pay
15 represents the full and complete policy limits of the liability insurance policy issued by Enstar
16 Group remaining after the reduction of defense costs pursuant to the terms of the insurance policy.
17 The settlement amount is paid for the damages arising from the costs for the seismic retrofit and
18 related expenses, which exceed the settlement amount. This settlement further represents fair and
19 reasonable consideration for the compromise, release, and waiver of Plaintiffs’ claims.
20 This Application is based 0n this Application and the attached declaration 0f James S. Link.
21
22 Date: April 1, 2022 James S. Link
Counselor & Advocate at Law
23
Mdfl
In association with
24 Vernon E. Murray,
25
B Ja es S. Link
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Associated Counsel for Plaintiffs
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PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF
JAMES S. LINK; PROPOSED ORDER
Declaration Of James S. Link
James S. Link declares:
1. I am an attorney licensed to practice law in the state of California. I am counsel 0f
record for Vernon E. Murray, in his individual capacity and as the General Partner of The Walnut
Plaza, Ltd., and The Walnut Plaza, Ltd.
2. Plaintiffs have alleged and presented evidence by voluntary production and
responses to discovery to Bergeson showing they suffered damages in excess of $1 .8 million as a
result 0f the breach of Bergeson’s standard of care in the structural design of and structural
approvals during the construction of the home located at 28728 Palisades Drive, Lake Arrowhead,
10 California (hereafter Arrowhead Property). Plaintiffs have alleged and presented evidence that:
11 Bergeson prepared the faulty
(a) structural plans that required structural retrofitting of the
12 home on the Arrowhead Property;
13 Bergeson
(b) failed to identify the structural steel components that had not been installed as
14 required by this plans that required removal and reconstruction costs; and
15 Bergeson negligently located the foundation for the home one foot below the correct
(c)
16 on the survey requiring the
level ridgeline, garage floor and loft floor of the home to be raised.
17 Bergeson has agreed
3. to pay Plaintiffs $693,000 in exchange for a full general
18 release 0f all claims Plaintiffs have against Bergeson and dismissal of the action with prejudice in
19 favor of Bergeson. This settlement amount represents the full and complete policy limits
20 remaining after the reduction of defense costs on the liability insurance policy issued by Enstar
21 Group. The settlement amount is paid for the damages arising from the costs for the seismic
22 retrofit and related expenses, Which exceed the settlement amount. This settlement further
23 represents fair and reasonable consideration for the compromise, release, and waiver of Plaintiffs’
24 claims.
25 This settlement
4. is expressly conditioned on the Court’s determination that it is made
26 in good faith.
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PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF
JAMES S. LINK; PROPOSED ORDER
DATED;
I
foregoing is
April
true
1,
and
2022
correct.
M
declare under penalty of perjury under the laws of the State of California that the
JAMES
Mg’éé
S. LINK
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PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF
JAMES S. LINK; PROPOSED ORDER
Superior Court Of The State Of California
For The County Of San Bernardino
Vernon E. Murray in his individual capacity CASE NO. CIVDSl812545
10 and as the General Partner of The Walnut (Complaint filed 5/22/2018)
Plaza, Ltd. and The Walnut Plaza, Ltd., (Assigned to the Hon. David Cohn)
11
12
Plaintiffs, PROPOSED ORDER DETERMINING
GOOD FAITH OF SETTLEMENT
13 VS.
14 Bryant Bergeson, individually and doing
business as KADTEC, et 31.,
15
Defendants.
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Plaintiff’s Application for Good Faith Settlement was reviewed by the Court and for
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good cause appearing therefor,
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THE COURT HEREBY FINDS that the settlement for the payment of $693,000 in
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exchange for a full release of all claims entered into between Plaintiffs Vernon E. Murray, in his
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individual capacity and as the General Partner of The Walnut Plaza, Ltd., and The Walnut Plaza,
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Ltd. and Defendants Bryant Bergeson And Bergeson & Associates, Inc. dba KADTEC was and is
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made in good faith.
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Date: ,
2022
25 David Cohn
Judge of the Superior Court
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PLAINTIFFS' APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF
JAMES S. LINK; PROPOSED ORDER
PROOF OF SERVICE
I, James S. Link, am an attorney licensed to practice law in California, having State Bar
No. 94280. I am not a party t0 this action. My business address is 215 N Marengo, 3rd Floor,
Pasadena, California, 91 101.
On the date set forth below, I served the within PLAINTIFFS’ APPLICATION FOR
ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF JAMES S.
LINK; PROPOSED ORDER on the interested parties in said action by personally placing a true
and correct copy thereof, enclosed in a sealed envelope with the postage thereon
fully prepaid, in
the United States Postal Service Box at 215 N. Marengo, Pasadena, California, addressed as
10 follows:
11 Law Office of Robert William Morris Brenda Radmacher
Robert William Morris Akerman LLP
12
Post Office Box 3018 601 W 5th St, Ste 300
13 Lake Arrowhead, CA 92352 Los Angeles, CA 90071-3506
14 Todd C. Worthe Vincent S. Green
Worthe Hanson & Worthe Kaufman Dolowich & Voluck LLP
15
The Xerox Centre 11755 Wilshire B1vd., Suite 2400
16
1851 East First Street, 9th Floor Los Angeles, California 90025
Santa Ana, CA 92705
17
Marc S. Soble
18
Bonetati & Soble
19 2020 North Tustin Ave.
Santa Ana, CA 92705
20 I am aware that on motion of any party served, service is presumed invalid ifpostal
21 cancellation date or postage meter date is more than one day after the date of deposit for mailing in
22 the declaration.
23 I declare under penalty 0f perjury under the laws of the State of California that the
24 foregoing is true and correct.
25 DATED; April 2022 Ska“ M0” £4
U
1,
26 JAMES S. LINK
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PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SE'ITLEMENT; DECLARATION OF
JAMES S. LINK; PROPOSED ORDER
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James S. Link (State Bar # 94280) Counselor & Advocate at Law F L 215 N. Marengo Ave., 3rd Floor S l F: a D ggetmwgggm g§§$RFOfinm Pasadena, CA 91 101 SAN BERNARDINO msmag‘o (626) 793-9570 (626) 628-1925 (fax) IMY 0 9 2022 ‘ In association with BY NM MTM HEW . ‘/ j/ Vernon E. Murray, Esq., SB N0. 44591 215 North Marengo Avenue, Third Floor Pasadena, California 91 10 l - 1 504 (626) 584-9860 Attorneys for Plaintiffs Vernon E. Murray, in his individual capacity and as the General Partner of 10 The Walnut Plaza, Ltd., and The Walnut Plaza, Ltd. 11 Superior Court Of The State Of California 12 For The County Of San Bernardino 13 Vernon E. Murray in his individual capacity CASE NO. CIVDSl812545 14 and as the General Partner of The Walnut (Complaint filed 5/22/2018) Plaza, Ltd. and The Walnut Plaza, Ltd., (Assigned to the Hon. David Cohn) 15 16 Plaintiffs, PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH 0F 17 vs. SETTLEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER 18 Bryant Bergeson, individually and doing business as KADTEC, Mauricio Rodriguez, izo/vfiqsg 19 individually and dba M.R. Home Design and 20 Drafting Service, Jim Robbins, individually and doing business as Robbins Construction, 21 Alec Seaman, individual and doing business as Alec Seaman Construction, Aaron K. 22 Anderson, individually and doing business as 23 Aaron K. Anderson Construction and DOES 1 through 10, inclusive, 24 Defendants. 25 Plaintiffs Vernon E. Murray, in his individual capacity and as the General Partner of The 26 Walnut Plaza, Ltd., and The Walnut Plaza, Ltd. (collectively called Plaintiffs) apply to this Court 27 in accordance with the provisions of Code 0f Civil Procedure Section 877.6(a)(2) for a 28 determination that the settlement described below was entered into in good faith. 1 PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SE'I'I'LEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER 1. Settling Parties: The parties to this settlement are Plaintiffs and Defendants BRYANT BERGESON and BERGESON & ASSOCIATES, INC. dba KADTEC (collectively called Bergeson). 2. Terms: The basis of the settlement is that Plaintiffs contend that they suffered damages in excess of $1 .8 million as a result of the breach of the standard 0f care by Bergeson in the structural design of and structural approvals during the construction of the home located at 28728 Palisades Drive, Lake Arrowhead, California (hereafter Arrowhead Property). Plaintiffs have pled among other matters the following allegations: (a) Bergeson prepared the faulty structural plans that required structural retrofitting of the home 0n the Arrowhead Property; (b) 10 Bergeson failed to identify the structural steel components that had not been installed as required 11 structural plans that required removal and reconstruction by the costs; and (c) Bergeson negligently 12 located the foundation for the home one foot below the correct level on the survey requiring the 13 ridgeline, garage floor and loft floor of the home to be raised. 14 Amount: Bergeson has agreed to Plaintiffs $693,000. This settlement amount 3. pay 15 represents the full and complete policy limits of the liability insurance policy issued by Enstar 16 Group remaining after the reduction of defense costs pursuant to the terms of the insurance policy. 17 The settlement amount is paid for the damages arising from the costs for the seismic retrofit and 18 related expenses, which exceed the settlement amount. This settlement further represents fair and 19 reasonable consideration for the compromise, release, and waiver of Plaintiffs’ claims. 20 This Application is based 0n this Application and the attached declaration 0f James S. Link. 21 22 Date: April 1, 2022 James S. Link Counselor & Advocate at Law 23 Mdfl In association with 24 Vernon E. Murray, 25 B Ja es S. Link 26 Associated Counsel for Plaintiffs 27 28 2 PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER Declaration Of James S. Link James S. Link declares: 1. I am an attorney licensed to practice law in the state of California. I am counsel 0f record for Vernon E. Murray, in his individual capacity and as the General Partner of The Walnut Plaza, Ltd., and The Walnut Plaza, Ltd. 2. Plaintiffs have alleged and presented evidence by voluntary production and responses to discovery to Bergeson showing they suffered damages in excess of $1 .8 million as a result 0f the breach of Bergeson’s standard of care in the structural design of and structural approvals during the construction of the home located at 28728 Palisades Drive, Lake Arrowhead, 10 California (hereafter Arrowhead Property). Plaintiffs have alleged and presented evidence that: 11 Bergeson prepared the faulty (a) structural plans that required structural retrofitting of the 12 home on the Arrowhead Property; 13 Bergeson (b) failed to identify the structural steel components that had not been installed as 14 required by this plans that required removal and reconstruction costs; and 15 Bergeson negligently located the foundation for the home one foot below the correct (c) 16 on the survey requiring the level ridgeline, garage floor and loft floor of the home to be raised. 17 Bergeson has agreed 3. to pay Plaintiffs $693,000 in exchange for a full general 18 release 0f all claims Plaintiffs have against Bergeson and dismissal of the action with prejudice in 19 favor of Bergeson. This settlement amount represents the full and complete policy limits 20 remaining after the reduction of defense costs on the liability insurance policy issued by Enstar 21 Group. The settlement amount is paid for the damages arising from the costs for the seismic 22 retrofit and related expenses, Which exceed the settlement amount. This settlement further 23 represents fair and reasonable consideration for the compromise, release, and waiver of Plaintiffs’ 24 claims. 25 This settlement 4. is expressly conditioned on the Court’s determination that it is made 26 in good faith. 27 28 3 PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER DATED; I foregoing is April true 1, and 2022 correct. M declare under penalty of perjury under the laws of the State of California that the JAMES Mg’éé S. LINK 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER Superior Court Of The State Of California For The County Of San Bernardino Vernon E. Murray in his individual capacity CASE NO. CIVDSl812545 10 and as the General Partner of The Walnut (Complaint filed 5/22/2018) Plaza, Ltd. and The Walnut Plaza, Ltd., (Assigned to the Hon. David Cohn) 11 12 Plaintiffs, PROPOSED ORDER DETERMINING GOOD FAITH OF SETTLEMENT 13 VS. 14 Bryant Bergeson, individually and doing business as KADTEC, et 31., 15 Defendants. 16 Plaintiff’s Application for Good Faith Settlement was reviewed by the Court and for 17 good cause appearing therefor, 18 THE COURT HEREBY FINDS that the settlement for the payment of $693,000 in 19 exchange for a full release of all claims entered into between Plaintiffs Vernon E. Murray, in his 20 individual capacity and as the General Partner of The Walnut Plaza, Ltd., and The Walnut Plaza, 21 Ltd. and Defendants Bryant Bergeson And Bergeson & Associates, Inc. dba KADTEC was and is 22 made in good faith. 23 24 Date: , 2022 25 David Cohn Judge of the Superior Court 26 27 28 5 PLAINTIFFS' APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER PROOF OF SERVICE I, James S. Link, am an attorney licensed to practice law in California, having State Bar No. 94280. I am not a party t0 this action. My business address is 215 N Marengo, 3rd Floor, Pasadena, California, 91 101. On the date set forth below, I served the within PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER on the interested parties in said action by personally placing a true and correct copy thereof, enclosed in a sealed envelope with the postage thereon fully prepaid, in the United States Postal Service Box at 215 N. Marengo, Pasadena, California, addressed as 10 follows: 11 Law Office of Robert William Morris Brenda Radmacher Robert William Morris Akerman LLP 12 Post Office Box 3018 601 W 5th St, Ste 300 13 Lake Arrowhead, CA 92352 Los Angeles, CA 90071-3506 14 Todd C. Worthe Vincent S. Green Worthe Hanson & Worthe Kaufman Dolowich & Voluck LLP 15 The Xerox Centre 11755 Wilshire B1vd., Suite 2400 16 1851 East First Street, 9th Floor Los Angeles, California 90025 Santa Ana, CA 92705 17 Marc S. Soble 18 Bonetati & Soble 19 2020 North Tustin Ave. Santa Ana, CA 92705 20 I am aware that on motion of any party served, service is presumed invalid ifpostal 21 cancellation date or postage meter date is more than one day after the date of deposit for mailing in 22 the declaration. 23 I declare under penalty 0f perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 DATED; April 2022 Ska“ M0” £4 U 1, 26 JAMES S. LINK 27 28 6 PLAINTIFFS’ APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SE'ITLEMENT; DECLARATION OF JAMES S. LINK; PROPOSED ORDER