Party Notice: Neil Alan Miller and Zenaida G. Miller -v- Florentina Roman et al Print

						
                                
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                                GATES, GONTER, GUY,          PROUDFOOT & MUENCH, LLP
      8 Discove             200
                    Suite
                                                                            F L E D|

      rvine, Cali o’rnia
                      92618
     Telephone: (94 ) 753-0255                                        SWEET? 8214211 gggfikgaagm
                                                                       egg“! BERNARDINO DlSTR‘CT
     Facsmile: (949 753—0265

     Attorney: K. ROBERT GONTER SBN: 105465                                 AUG 0 4     2023

                                                                               _
                                                                       {fi

                                                                      Egg    JasminggoianOSDeputy
     Attorney for Defendant/Cross—Defendant, JERRY GARLAND



                                  SUPERIOR COURT OF CALIFORNIA

                                    COUNTY OF SAN BERNARDINO

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ll   NEIL ALAN MILLER and ZENAIDA G.              )   Case No.: CIVSB2128144
     MILLER as Conservators of                    )


12   BENJAMIN MILLER; EMILY LERNER                )
                                                      Dept:
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     as Guardian Ad Litem to                      )                                    ”Fax
     BENJAMIN MILLER,                             )


                                                  )

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                                                      NOTICE OF APPLICATION OF DEFENDANT
                                                  )
                                                      JERRY GARLAND FOR DETERMINATION OF
15                 Plaintiffs,                    )
                                                      GOOD FAITH SETTLEMENT
                                                  )


16   VS.                                          )


                                                  )


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                                                      Complaint Filed: January 24, 2022
     SANTA MARBELLA FLORENTINA                g

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     ROMAN; NISSAN NORTH AMERICA,             )
                                                      Trial:
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     INC.;RIVERSIDE NISSAN'                   )


                                              )
     PANASONIC CORPORATION OR NORTH           )

20   AMERICA; MATSUSHITA ELECTRIC;            )

     JERRY GARLAND; and DOES l                )

21   through lOO, Inclusive,                  )


                                              )

22                                            )




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                   Defendants.
                                              i


                                              )


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           TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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           PLEASE TAKE NOTICE that Defendant/Cross—Defendant,                  JERRY CARLAND
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     (“Settling Defendant” and/or “Defendant Garland”) has entered into
                                                                        a
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                                                      l


                                              NOTICE
                                                               SQA
     settlement with Plaintiffs and Settling Defendant will apply to the

     court for an order determining that the settlement has been entered

     into in good faith as a matter of law pursuant to California Code of

     Civil Procedure §877.6.

             The terms of the Settling Defendant’s settlement with Plaintiffs

     (the “Settlement”)     are as follows:

                  l.   Settling Defendant has agreed to pay $50,000.00 by and

             through his insurance carrier and Plaintiffs have agreed to

             accept $50,000 for the claims, and they have agreed to     a   release

lO           of all claims to settle this matter;

11                2.   Plaintiffs has provided the Settling Defendant with a

12           written release of all claims; and

l3                3.   The Settlement is contingent upon the Court’s entry of

l4           an Order that this Settlement is in good faith, barring all

15           claims and cross-claims,   including those for equitable

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             contribution and indemnity.

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             The Settling Defendant now seeks an Order from this Court

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     determining the Settlement to be in good faith. Within twenty~five

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     (25)    days of the mailing of this Notice, the accompanying Application

     for Determination of Good Faith Settlement,      and [Proposed] Order, a
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     non—settling party may file a notice of motion to contest the good

     faith of the Settlement.
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             The notice of a motion contesting the settlement by a non—
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     settling party shall be given in the manner prescribed by Code of
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     Civil Procedure section 1005(b). If no non-settling party files a
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     motion contesting the good faith of the Settlement within twenty—five
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      (25)   days of the mailing of this Notice, the Court may, without
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     further notice, approve the Settlement as made in good faith pursuant
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                                           NOTICE