On September 24, 2007 a
Party Discovery
was filed
involving a dispute between
and
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
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1 CRAIG N. LUNDGREN - State Bar No. 148842
RACHEL T. ANDERSON - State Bar No. 266505
2 LUNDGREN & REYNOLDS, LLP
424 2nd Street, Suite A
3 Davis, CA 95616
(530) 297-5030 (Voice)
4 (530) 297-5077 (Facsimile)
5
Attorneys for defendant, cross-complainant
6 and cross-defendant
RONALD PAUL BRITSCHGI,
7 individually and dba BRITSCHGI CONSTRUCTION
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 RODNEY ABBOTT and FLORENTINE ) CASENO.07AS04450
ABBOTT,
11 ) ORDER DETERMINING THAT
Plaintiffs, ) SETTLEMENT WAS MADE IN
12 ) GOOD FAITH
v. ) [Code Civ. Proc., § 877.6]
13 )
RONALD PAUL BRITSCHGI et al. ) DATE: March 16,2010
14 ) TIME: 2:00 p.m.
Defendants. ) DEPT:53
15
16 AND RELATED CROSS-ACTIONS.
17
18
19 The motion of RONALD PAUL BRITSCHGI, individually and dba BRITSCHGI
20 CONSTRUCTION, defendant, cross-complainant, and cross-defendant in the above-entitled
21 matter (hereafter, "BRITSCHGI"), for an order determining that the settlement entered into
22 between BRITSCHGI and plaintiffs RODNEY ABBOTT and FLORENTINE ABBOTT, on
23 December 18, 2009, was entered into in good faith was set for hearing before this Court on
24 March 16, 2010.
25 The Court issued a tentative ruling on March 15, 2010, finding the motion to be
26 unopposed, and the settlement to be reasonable and in good faith considering the factors set
27 forth in Tech-Bilt, Inc. v. Woodward Clyde & Associates (1985) 38 Cal.3d 488; Code Civ.
28 Proc. §877.6.
1
ORDER DETERMINING THAT SETTLEMENT WAS MADE IN GOOD FAITH
1 The Court therefore finds and determines that the settlement entered into on December
2 18, 2009, between BRITSCHGI and plaintiffs, was made in good faith. This order is
3 contingent upon the concurrent dismissal of BRITSCHGI's cross-complaint against
4 defendant, cross-complainant, and cross-defendant RICHARD KIRK RUYBALID dba CA
5 CONSTRUCTION.
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2 4
7 DATED: MA?. 2010
7udge of the Superior Court
8 LOREN E. McMASTER
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ORDER DETERMINING THAT SETTLEMENT WAS MADE IN GOOD FAITH
Lundgren & Reynolds, LLP
Craig N. Lundgren Stephen M. Reynolds
clundgren@lr-law.net sreynolds@lr-law.net
March 17, 2010
Clerk of the Court
Dept 53
800 9th Street
Sacramento, CA 95814
Re: Britschgi (Abbott v. Britschgi et al.)
Dear Clerk:
Enclosed is the Order Determining That Settlement Was Made In Good Faith which was
granted by the court's tentative ruling on March 15, 2010.
I will notify you if I do not hear from opposing counsel within five (5) days pursuant to
California Rules of Court Rule 3.1312. Thereafter, please submit the order to Judge
McMaster.
Very Truly Yours,
mdl
Enclosure
cc: Stephanie J. Finelli
Gregory K. Feeler ico
Richard D. Sopp
Mark Smith
Client
424 2nd Street, Suite A , Tel" (530) 297-5030
Davis, CA 95616 Fax: (530) 297-5077
www.lr-law.net
Document Filed Date
March 24, 2010
Case Filing Date
September 24, 2007
Category
(Breach of Contract/Warranty)
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1 CRAIG N. LUNDGREN - State Bar No. 148842 RACHEL T. ANDERSON - State Bar No. 266505 2 LUNDGREN & REYNOLDS, LLP 424 2nd Street, Suite A 3 Davis, CA 95616 (530) 297-5030 (Voice) 4 (530) 297-5077 (Facsimile) 5 Attorneys for defendant, cross-complainant 6 and cross-defendant RONALD PAUL BRITSCHGI, 7 individually and dba BRITSCHGI CONSTRUCTION 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 RODNEY ABBOTT and FLORENTINE ) CASENO.07AS04450 ABBOTT, 11 ) ORDER DETERMINING THAT Plaintiffs, ) SETTLEMENT WAS MADE IN 12 ) GOOD FAITH v. ) [Code Civ. Proc., § 877.6] 13 ) RONALD PAUL BRITSCHGI et al. ) DATE: March 16,2010 14 ) TIME: 2:00 p.m. Defendants. ) DEPT:53 15 16 AND RELATED CROSS-ACTIONS. 17 18 19 The motion of RONALD PAUL BRITSCHGI, individually and dba BRITSCHGI 20 CONSTRUCTION, defendant, cross-complainant, and cross-defendant in the above-entitled 21 matter (hereafter, "BRITSCHGI"), for an order determining that the settlement entered into 22 between BRITSCHGI and plaintiffs RODNEY ABBOTT and FLORENTINE ABBOTT, on 23 December 18, 2009, was entered into in good faith was set for hearing before this Court on 24 March 16, 2010. 25 The Court issued a tentative ruling on March 15, 2010, finding the motion to be 26 unopposed, and the settlement to be reasonable and in good faith considering the factors set 27 forth in Tech-Bilt, Inc. v. Woodward Clyde & Associates (1985) 38 Cal.3d 488; Code Civ. 28 Proc. §877.6. 1 ORDER DETERMINING THAT SETTLEMENT WAS MADE IN GOOD FAITH 1 The Court therefore finds and determines that the settlement entered into on December 2 18, 2009, between BRITSCHGI and plaintiffs, was made in good faith. This order is 3 contingent upon the concurrent dismissal of BRITSCHGI's cross-complaint against 4 defendant, cross-complainant, and cross-defendant RICHARD KIRK RUYBALID dba CA 5 CONSTRUCTION. 6 2 4 7 DATED: MA?. 2010 7udge of the Superior Court 8 LOREN E. McMASTER 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DETERMINING THAT SETTLEMENT WAS MADE IN GOOD FAITH Lundgren & Reynolds, LLP Craig N. Lundgren Stephen M. Reynolds clundgren@lr-law.net sreynolds@lr-law.net March 17, 2010 Clerk of the Court Dept 53 800 9th Street Sacramento, CA 95814 Re: Britschgi (Abbott v. Britschgi et al.) Dear Clerk: Enclosed is the Order Determining That Settlement Was Made In Good Faith which was granted by the court's tentative ruling on March 15, 2010. I will notify you if I do not hear from opposing counsel within five (5) days pursuant to California Rules of Court Rule 3.1312. Thereafter, please submit the order to Judge McMaster. Very Truly Yours, mdl Enclosure cc: Stephanie J. Finelli Gregory K. Feeler ico Richard D. Sopp Mark Smith Client 424 2nd Street, Suite A , Tel" (530) 297-5030 Davis, CA 95616 Fax: (530) 297-5077 www.lr-law.net