On March 03, 2022 a
Motion-Secondary
was filed
involving a dispute between
Lubeck, Robin,
Lubeck, Stan,
and
Does 1 Through 200,
Transcorp Carriers, Inc,
Transcorp Logistics, Inc,
Wince, Denelle Williams,
for Auto PI/PD/WD Unlimited
in the District Court of San Bernardino County.
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StephenB. Heath - 237622
heath@heathandyuen.com
StevenW. Yuen - 230768
yyuen@heathandyuen.com
LET hn:
opiBEI ie DINO DISTES
HEATH & YUEN, APC
268 Bush Street, #3006 JUN 2 6 2023
San Francisco, CA 94104
(415) 622-7004
Tel
Fax (415) 373-3957 oy Buk. aaker
Attorneys for Defendants, and Cross-Complainant in Intervention
DENELLE WILLIAMS WINCE, TRANSCORP
CARRIERS, INC., AND
UNITED SPECIALTY INSURANCE COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO
ll ROBIN LUBECK AND STAN LUBECK, Case No CIVSB2204911
12 Plaintiffs. DEFENDANTS DENELLE WILLIAMS
WINCE, TRANSCORP CARRIERS, INC.
13 v AND CROSS-COMPLAINANT IN
INTERVENTION UNITED SPECIALTY
14 DENELLE WILLIAMS WINCE, TRANSCORP INSURANCE COMPANY’S OPPOSITION
CARRIERS, INC., TRANSCORP LOGISTICS. TO PLAINTIFFS ROBIN LUBECK AND
15 INC., AND DOES 1 THROUGH 200. STAN LUBECK’S MOTION TO ENFORCE
INCLUSIVE, SETTLEMENT
16
Defendants Judge: Hon. DonaldR. Alvarez
17 Dept. $23
File Date: March 3, 2022
18 Trial Date Not Set
19 I INTRODUCTION
20 Defendants Denelle Williams Wince, Transcorp Carriers, Inc. and cross-complainant in
21 intervention United Specialty Insurance Company (collectively herein “defendants”) oppose plaintiffs
22 Robin Lubeck and Stan Lubeck’s (collectively herein “plaintiffs”) motion to enter judgment pursuant
23 to terms of a settlement. First, the settlement agreement cannot be entered as a judgment, because the
24 “parties” have not in a writing signed the settlement agreement as required by Civil Procedure Code
25 section 664.6 Only plaintiffs have signed the settlement agreement.
26 Second, even if the settlement agreement is enforceable against defendants—which it is not—
27 plaintiffs have first anticipatorily breached the agreement by violating the material term of paragraphs
28 15 and 19; i.e., “Plaintiffs acknowledge, represent, understand, and warrant they shall _provide all
-1-
DEFENDANTS DENELLE WILLIAMS WINCE, TRANSCORP CARRIERS, INC., AND CROSS-COMPLAINANT IN
INTERVENTION UNITED SPECIALTY INSURANCE COMPANY’S OPPOSITION TO PLAINTIFFS ROBIN
LUBECK AND STAN LUBECK’S MOTION TO ENFORCE SETTLEMENT
ONIGUYNY 30 NYS 40 ALNNIOD
INYOsNvO 40 L109 HOWAdAS
£202 9 NAL
Ganraoael
Document Filed Date
June 26, 2023
Case Filing Date
March 03, 2022
Category
Auto PI/PD/WD Unlimited
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~~ StephenB. Heath - 237622 heath@heathandyuen.com StevenW. Yuen - 230768 yyuen@heathandyuen.com LET hn: opiBEI ie DINO DISTES HEATH & YUEN, APC 268 Bush Street, #3006 JUN 2 6 2023 San Francisco, CA 94104 (415) 622-7004 Tel Fax (415) 373-3957 oy Buk. aaker Attorneys for Defendants, and Cross-Complainant in Intervention DENELLE WILLIAMS WINCE, TRANSCORP CARRIERS, INC., AND UNITED SPECIALTY INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO ll ROBIN LUBECK AND STAN LUBECK, Case No CIVSB2204911 12 Plaintiffs. DEFENDANTS DENELLE WILLIAMS WINCE, TRANSCORP CARRIERS, INC. 13 v AND CROSS-COMPLAINANT IN INTERVENTION UNITED SPECIALTY 14 DENELLE WILLIAMS WINCE, TRANSCORP INSURANCE COMPANY’S OPPOSITION CARRIERS, INC., TRANSCORP LOGISTICS. TO PLAINTIFFS ROBIN LUBECK AND 15 INC., AND DOES 1 THROUGH 200. STAN LUBECK’S MOTION TO ENFORCE INCLUSIVE, SETTLEMENT 16 Defendants Judge: Hon. DonaldR. Alvarez 17 Dept. $23 File Date: March 3, 2022 18 Trial Date Not Set 19 I INTRODUCTION 20 Defendants Denelle Williams Wince, Transcorp Carriers, Inc. and cross-complainant in 21 intervention United Specialty Insurance Company (collectively herein “defendants”) oppose plaintiffs 22 Robin Lubeck and Stan Lubeck’s (collectively herein “plaintiffs”) motion to enter judgment pursuant 23 to terms of a settlement. First, the settlement agreement cannot be entered as a judgment, because the 24 “parties” have not in a writing signed the settlement agreement as required by Civil Procedure Code 25 section 664.6 Only plaintiffs have signed the settlement agreement. 26 Second, even if the settlement agreement is enforceable against defendants—which it is not— 27 plaintiffs have first anticipatorily breached the agreement by violating the material term of paragraphs 28 15 and 19; i.e., “Plaintiffs acknowledge, represent, understand, and warrant they shall _provide all -1- DEFENDANTS DENELLE WILLIAMS WINCE, TRANSCORP CARRIERS, INC., AND CROSS-COMPLAINANT IN INTERVENTION UNITED SPECIALTY INSURANCE COMPANY’S OPPOSITION TO PLAINTIFFS ROBIN LUBECK AND STAN LUBECK’S MOTION TO ENFORCE SETTLEMENT ONIGUYNY 30 NYS 40 ALNNIOD INYOsNvO 40 L109 HOWAdAS £202 9 NAL Ganraoael