On September 30, 2021 a
Request,Application
was filed
involving a dispute between
Miller, Benjamin,
Neil Alan Miller And Zenaida G. Miller,
and
Carland, Jerry L.,
Does 1 Through 100,
Florentina Roman, Santa Marbella,
Matsushita Electric,
Nissan North America, Inc,
Panasonic Corporation Of North America,
Riverside Nissan,
for Auto PI/PD/WD Unlimited
in the District Court of San Bernardino County.
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Robert L. Reisinger, Esq., Bar No. 156474
Theresa T. Nguyen, Esq., Bar No. 342896 ELECTRONICALLY FILED
FORD, WALKER, HAGGERTY & BEHAR SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
One World Trade Center, 27th Floor SAN BERNARDINO DISTRICT
Long Beach, California 9083 1-2700
Telephone: (562) 983-2500 11/30/2023 3:33 PM
\OOOQQU‘I-bUJNr—t
E-mail: r1r_service@fwhb.com By: Alyssa Leber, DEPUTY
Attorneys for Defendant/Cross—Complainant,
SANTA MARBELLA FLORENTINA ROMAN
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO
NEIL ALAN MILLER and ZENAIDA G. Case No. CIVSB2128 144
MILLER, as Conservators 0f BENJAMIN
MILLER; EMILY LERNER as Guardian Ad Hon. Michael Sachs
Litem t0 Benj amin Miller, Dept. $28
Vvvvvvvvv
Plaintiffs, NOTICE OF SETTLEMENT AND
APPLICATION FOR GOOD FAITH
VS. SETTLEMENT BETWEEN PLAINTIFFS
NEIL ALAN MILLER AND ZENAIDA G.
SANTA MARBELLA FLORENTINA ROMAN; ) MILLER, AS CONSERVATORS OF
NISSAN NORTH AMERICA, INC; RIVERSIDE ) BENJAMIN MILLER AND DEFENDANT
SANTA MARBELLA FLORENTINA
NNNNNNNNNb—‘b—tr—‘r—Kb—tr—tr—tr—tr—Ar—t
NISSAN; PANASONIC CORPORATION OF )
NORTH AMERICA; MATSUSHITA ELECTRIC;) ROMAN; DECLARATION OF THERESA T.
JERRY CARLAND; and DOES 1 through 100, ) NGUYEN; DECLARATION OF SANTA
OONQkh-RUJNP—‘OKOOONQkh-RWNP—‘O
Inclusive, )
MARBELLA FLORENTINA ROMAN
)
Defendants. ) Filed with: [Proposed] Order
)
)
Complaint Filed: September 30, 2021
)
)
)
AND ALL RELATED CROSS ACTIONS. )
)
///
///
///
1
NOTICE OF SETTLEMENT AND APPLICATION FOR GOOD FAITH SETTLEMENT
TO THIS HONORABLE COURT, ALL PARTIES AND THEIR COUNSEL:
PLEASE TAKE NOTICE that Defendant SANTA MARBELLA FLORENTINA ROMAN
(“Defendant”) reached a settlement With Plaintiffs NEIL ALAN MILLER and ZENAIDA G. MILLER,
as Conservators 0f BENJAMIN MILLER (“Plaintiffs”) in this action and that Defendant hereby applies
\OOOQQU‘I-bUJNr—t
t0 the Court for a determination that this settlement has been made in good faith within the meaning of
Code ofCivil Procedure section 877.6(a)(2).
This notice, and application for a determination of good faith settlement has been filed and
served 0n all parties, as required by Code ofCivil Procedure section 877.6(a)(2) by certified mail and
return receipt. Any non-settling party seeking to obj ect to said determination has twenty-five (25) days
of mailing 0f the notice t0 file a notice 0f motion contesting the good faith of this settlement. Said
Motion by a non-settling party shall be given in a manner provided in Code 0f Civil Procedure §
1005(b). The deadline to contest good faith settlement is November 13, 2023. If n0 motion contesting
the good faith determination is filed Within that time, the Court may approve this settlement as having
been made in good faith based 0n this application alone. (Code Civ. Proc. § 877.6(a)(2), (b); see also
City ofGram‘ Terrance v. Super. Ct. (1987) 192 Cal.App.3d 125 1, 1261 (finding that when there are no
objections an application may be extremely concise as long as it is “accompanied by a declaration
NNNNNNNNNb—‘b—tr—‘r—Kb—tr—tr—tr—tr—Ar—t
setting forth a brief background 0f the case”).)
Pursuant t0 California Rules ofCourt, rule 3.182 Defendant also requests dismissal with
OONQkh-RUJNP—‘OKOOONQkh-RWNP—‘O
prejudice 0f all complaints and cross—complaints asserted against Defendant in this action in favor of
Defendant and barring any future claims against Defendant for equitable comparative contribution,
partial indemnity 0r comparative indemnity, based 0n comparative negligence or comparative fault
pursuant t0 Code 0fCivil Procedure section 877.6.
Dated: October 17, 2023
BY:
W
FORD, WALKER, HAGGERTY & BEHAR
ROBERT L. REISINGER
THERESA T. NGUYEN
)LZM’“)
Attorneys for Defendant/Cross—Complainant,
SANTA MARBELLA FLORENTINA ROMAN
2
NOTICE OF SETTLEMENT AND APPLICATION FOR GOOD FAITH SETTLEMENT
Document Filed Date
November 30, 2023
Case Filing Date
September 30, 2021
Category
Auto PI/PD/WD Unlimited
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Robert L. Reisinger, Esq., Bar No. 156474 Theresa T. Nguyen, Esq., Bar No. 342896 ELECTRONICALLY FILED FORD, WALKER, HAGGERTY & BEHAR SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO One World Trade Center, 27th Floor SAN BERNARDINO DISTRICT Long Beach, California 9083 1-2700 Telephone: (562) 983-2500 11/30/2023 3:33 PM \OOOQQU‘I-bUJNr—t E-mail: r1r_service@fwhb.com By: Alyssa Leber, DEPUTY Attorneys for Defendant/Cross—Complainant, SANTA MARBELLA FLORENTINA ROMAN IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO NEIL ALAN MILLER and ZENAIDA G. Case No. CIVSB2128 144 MILLER, as Conservators 0f BENJAMIN MILLER; EMILY LERNER as Guardian Ad Hon. Michael Sachs Litem t0 Benj amin Miller, Dept. $28 Vvvvvvvvv Plaintiffs, NOTICE OF SETTLEMENT AND APPLICATION FOR GOOD FAITH VS. SETTLEMENT BETWEEN PLAINTIFFS NEIL ALAN MILLER AND ZENAIDA G. SANTA MARBELLA FLORENTINA ROMAN; ) MILLER, AS CONSERVATORS OF NISSAN NORTH AMERICA, INC; RIVERSIDE ) BENJAMIN MILLER AND DEFENDANT SANTA MARBELLA FLORENTINA NNNNNNNNNb—‘b—tr—‘r—Kb—tr—tr—tr—tr—Ar—t NISSAN; PANASONIC CORPORATION OF ) NORTH AMERICA; MATSUSHITA ELECTRIC;) ROMAN; DECLARATION OF THERESA T. JERRY CARLAND; and DOES 1 through 100, ) NGUYEN; DECLARATION OF SANTA OONQkh-RUJNP—‘OKOOONQkh-RWNP—‘O Inclusive, ) MARBELLA FLORENTINA ROMAN ) Defendants. ) Filed with: [Proposed] Order ) ) Complaint Filed: September 30, 2021 ) ) ) AND ALL RELATED CROSS ACTIONS. ) ) /// /// /// 1 NOTICE OF SETTLEMENT AND APPLICATION FOR GOOD FAITH SETTLEMENT TO THIS HONORABLE COURT, ALL PARTIES AND THEIR COUNSEL: PLEASE TAKE NOTICE that Defendant SANTA MARBELLA FLORENTINA ROMAN (“Defendant”) reached a settlement With Plaintiffs NEIL ALAN MILLER and ZENAIDA G. MILLER, as Conservators 0f BENJAMIN MILLER (“Plaintiffs”) in this action and that Defendant hereby applies \OOOQQU‘I-bUJNr—t t0 the Court for a determination that this settlement has been made in good faith within the meaning of Code ofCivil Procedure section 877.6(a)(2). This notice, and application for a determination of good faith settlement has been filed and served 0n all parties, as required by Code ofCivil Procedure section 877.6(a)(2) by certified mail and return receipt. Any non-settling party seeking to obj ect to said determination has twenty-five (25) days of mailing 0f the notice t0 file a notice 0f motion contesting the good faith of this settlement. Said Motion by a non-settling party shall be given in a manner provided in Code 0f Civil Procedure § 1005(b). The deadline to contest good faith settlement is November 13, 2023. If n0 motion contesting the good faith determination is filed Within that time, the Court may approve this settlement as having been made in good faith based 0n this application alone. (Code Civ. Proc. § 877.6(a)(2), (b); see also City ofGram‘ Terrance v. Super. Ct. (1987) 192 Cal.App.3d 125 1, 1261 (finding that when there are no objections an application may be extremely concise as long as it is “accompanied by a declaration NNNNNNNNNb—‘b—tr—‘r—Kb—tr—tr—tr—tr—Ar—t setting forth a brief background 0f the case”).) Pursuant t0 California Rules ofCourt, rule 3.182 Defendant also requests dismissal with OONQkh-RUJNP—‘OKOOONQkh-RWNP—‘O prejudice 0f all complaints and cross—complaints asserted against Defendant in this action in favor of Defendant and barring any future claims against Defendant for equitable comparative contribution, partial indemnity 0r comparative indemnity, based 0n comparative negligence or comparative fault pursuant t0 Code 0fCivil Procedure section 877.6. Dated: October 17, 2023 BY: W FORD, WALKER, HAGGERTY & BEHAR ROBERT L. REISINGER THERESA T. NGUYEN )LZM’“) Attorneys for Defendant/Cross—Complainant, SANTA MARBELLA FLORENTINA ROMAN 2 NOTICE OF SETTLEMENT AND APPLICATION FOR GOOD FAITH SETTLEMENT