Hearing: DYLAN DONNELLY -V- EASTWOOD GARAGE, ETA AL Print

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                                1   Daniel R Friedenthal         Esq   State Bar No 136847               suP Roa  c u         LiFCRNIA

                                                                                  Go   TY Q SAN F3ERNARDt iO
            Kevin NHefFernan Es q            State Bar No 139128                   SAM BER 1 R i O DISTRlC
        2   FRIEDENTHAL HEFFERNAN                   BROWN        LLP
            215 North Marengo Avenue Suite 165                                               l iN         2019
        3
            Pasadena California 91101
        4   Telephone 626 628 2800
v                                                                                                                     J
            Facsimile         626   628 2828
        5

        g   Attorneys for Defendant Cross Defendant and Cross Complainant DORMAN
            PRODUCTS INC             and Cross Complainant and Cross Defendant RB
        7   DISTRIBUTION INC

        8

        9
                               SUPERIOR COURT OF THE STATE OF CALIFORNIA
    10
                                             COUNTY OF SAN BERNARDINO

    11


    12        DYLAN DONNELLY                                     CASE NO CIV DS 1702333

    13                               Plaintiff                   NOTICE OF MOTION AND MOTION

    14                                                           CONTESTING APPLICATION FOR
                                                                 DETERMINATION OF GOOD FAITH
    15                                                           SETTLEMENT OF CROSS DEFENDANT
              S
                                                                 MACHINERY SOLUTIONS INC
    16                                                           MEMORANDUM OF POINTS AND
                                                                 AUTHORITIES DECLARATION OF JAY
             EASTWOOD GARAGE INC                                 D BROWN
             MOUNTAIN VIEW TIRE SERVICE
             INC PLEASURE WAY INDUSTRIES
             LTD McMAHON S RV
        9
             SUPERSTORE INC
             TREY MITCHELL and DOES 1
    20
             through 100 inclusive
                                                                 Date July 24 2019
    2                                                            Time   8 30 a m
                                    Defendants                   Dept     S 28
    22

    23       AND   RELATED CROSS ACTIONS                         Action Filed February 8 2017
                                                                 Trial Date   July 15 2019
    24                                                                                  a




    25             TO THE PARTIES AND TO THEIR ATTORNEYS OF RECORD

    26             PLEASE TAKE NOTICE that                           24    2019             8 30
                                                        on   July                  at               a m    or    as   soon


    27      thereafter   as   the   matter   may be heard in Department           S 28       of the above entitled

    28
                                                             1

               NOTICE OF MOTION AND MOTION CONTESTING APPLICATION FOR DETERMINATION OF
                 GOOD FAITH SETTLEMENT OF CROSS DEFENDANT MACHINERY SOLUTIONS INC
                  MEMORANDUM OF POINTS AND AUTHORITIES                  DECLARATION OF JAY D              BROWN
 1   court located at 247 W Third Street San Bernardino                         California defendant cross

 2   defendant        and cross complainant      Dorman Products         Inc     and cross complainant and



 3   cross    defendant RB Distribution          Inc    hereinafter     these moving parties         will move



 4   the court for an order denying the application for determination of good faith
 5   settlement of      defendant Mountain View Tire             Service    Inc


 6                The motion contesting the application for determination of good faith settlement
 7   will    be   made pursuant   to Code   of   Civil Procedure      section    877 6   a   2   The motion will


 8   be made on the grounds that the settling party has not submitted any admissible
 9   evidence        in support of the   purported        good faith     of the settlement and           that the


10   settlement was not in good faith as it was not within the ballpark of the settling party s

11   proportionate share of liability in this action

12                The motion will be based on this notice               the Memorandum of Points and

13   Authorities served and filed herewith the Declaration of Jay D Brown served and filed

14   herewith and on the pleadings records and files in this action


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     DATED          June 24 2019                 FRIEDENTHAL          HEFFERNAN              BROWN LLP
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                                                               e it              e   ew7a t
                                                   By
                                                         DANIEL R       FRIED        THAL ESQ
                                                         KEVIN N       HEFFERNAN ESQ
 9
                                                         Attorneys for Defendant and Cross

20                                                       Complainant DORMAN PRODUCTS INC
                                                         and Cross Complainant and Cross
21                                                       Defendant RB DISTRIBUTION                 INC

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                                                           2

            NOTICE OF MOTION AND MOTION CONTESTING APPLICATION FOR DETERMINATION OF
              GOOD FAITH SETTLEMENT OF CROSS DEFENDANT MACHINERY SOLUTIONS INC
              MEMORANDUM OF POINTS AND AUTHORITIES DECLARATION OF JAY D                            BROWN