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1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Anthony N. DeMaria, #177894
anthony. demaria@mccormickbarstow. com
3 Daniel L. Wainwright, #193486
daniel wainwright@mccormickbarstow. com
4 16^1 North Fresno Street
Fresno, California 93720
5 Telephone: (559)433-1300
Facsimile: (559) 433-2300
6
Attorneys for Defendant,
7 QUAIL LAKE COMMUNITY ASSOCIATION, RECEIVED VIA EFILE
a California Corporation 7/24/2018 3:40 PM
8 FRESNO COUNTY SUPERIOR COURT
By: M.Sanchez, Deputy
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO
11
12 ADRIAN GUERRERO, Case No. 16CECG03895
{Consolidated with 17CECG01087]
13 Plaintiff,
ORDER GRANTING DEFENDANT, QUAIL
14 LAKE COMMUNITY ASSOCIATION'S
APPLICATION FOR DETERMINATION
15 QUAIL LAKE COMMUNITY OF GOOD FAITH SETTLEMENT
ASSOCIATION, a California Corporation;
16 IAIN LEVI OWENS; RICHARD L. OWENS,
II, JENNIFER M. OWENS and DOES 1 to
17 100,
18 Defendants.
19
CYPRESS INSURANCE COMPANY,
20
Plaintiff,
21
22
IAIN LEVI OWENS; RICHARD L. OWENS,
23 II; JENNIFER M. OWENS; and DOES 1 to 10,
24 Defendants.
25
26 On or about July 24, 2018, Defendant, QUAIL LAKE COMMUNITY ASSOCIATION
27 ("QUAIL LAKE"), gave notice ofanApplication for anOrder determining thatthe settlement entered
28 into between Plaintiff, CYPRESS INSURANCE COMPANY ("CYPRESS INSURANCE"), and
McCormick, Barstow. 1
Sheppard, Wayte &
Carruth LLP ORDER GRANTING DEFENDANT, QUAIL LAKE COMMUNITY ASSOCIATION'S
7647 NORTH FRESNO STREET
FRESNO. CA 93720
APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
1 QUAIL LAKE in this consolidated civil action was in "good faith."
2 TheNotice, Application andDeclaration of Daniel L. Wainwright (and supporting documents)
3 wereservedon all partiesto this action, via Certified Mail,and"proof of service"of the samehas been
4 provided to the Court.
5 IT IS HEREBY ORDERED, ADJUDGED AND DECREED;
6 (1) The agreed-upon settlementbetweenQUAILLAKEandCYPRESS INSURANCE was
7 made in "GOOD FAITH" pursuant to California Code ofCivil Procedure section 877.6and the criteria
8 set forth in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488;
9 (2) That all of the claims asserted by CYPRESS INSURANCE against the settling
10 Defendant, i.e., QUAIL LAKES, are hereby dismissed with prejudice;
11 (3) That the statutory "notice" periods and deadlines for all Motions and/or Oppositions
12 regarding the Court's determination of "good faith" settlement pursuant to Code of Civil Procedure
13 §877.6 are specifically waived by the parties and this Court's Order of Good Faith Settlement is
14 effective immediately upon entry; and,
15 (4) That any and all actual and/or potential claims against QUAIL LAKE, by any co-
16 defendant (including but not limited to the non-settlingDefendants, IAIN LEVI OWENS, RICHARD
17 L. OWENS, II and JENNIFER M. OWENS, co-obligor, or joint tortfeasor for equitable comparative
18 contribution, declaratory relief and/or partial or comparative indemnity, based on comparative
19 negligence and/or comparative fault, are forever barred.
20
21 Dated: 2018
Judge of the Superior Court
22
23
61202-00115 5235209.
24
25
26
27
28
McCormick, Barstow,
Sheppard, WAYTE&
Carruth LLP ORDER GRANTING DEFENDANT, QUAIL LAKE COMMUNITY ASSOCIATION'S
7647 north FRESNO STREET
FRESNO. CA 93720 APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 7647 North Fresno
Street, Fresno, CA 93720.
On July 24, 2018,1 served true copies of the following document(s) described as ORDER
GRANTING DEFENDANT, QUAIL LAKE COMMUNITY ASSOCIATION'S APPLICATION
FOR DETERMINATION OF GOOD FAITH SETTLEMENT on the interested parties in this
action as follows:
Scott E. Spell David McDowell
Erik Durow McDowell, Shaw, Garcia & Mizell
Law Office of Scott E. Spell 1655 N. Main St., Suite 370
12100 Wilshire Blvd., Suite 1520 Walnut Creek, CA 94596
Los Angeles, CA 90025
10
11 Anisha K. Basi
Laughlin, Falbo, Levy & Moresi, LLP
12 555 12'*^ Street, suite 1900
Oakland. CA 94607
13
14 BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED: I enclosed the document(s)
in a sealedenvelope or package addressedto the persons at the addresses listed in the ServiceListand
15 placed the envelope for collection and mailing via Certified Mail, Return Receipt Requested,
following our ordinary business practices. I am readily familiar with this business's practice for
16 collecting and processing correspondence for mailing. On the samedaythat the correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
17 States Postal Service, in a sealed envelope with postage fully prepaid.
18 I declare underpenaltyof perjuryunder the laws of the State of California thatthe foregoing is
true and correct.
19
Executed on July 24, 2018, at Fresno, California
20
21
22 KyCastillo
23
24
25
26
27
28
mcCormick, BARSTOW,
Shepparo, Wayte &
Carruth LLP
7047 NORTH FRESNO STREET
FRESNO. CA 93720
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1 McCormick, Barstow, Sheppard, Wayte & Carruth LLP 2 Anthony N. DeMaria, #177894 anthony. demaria@mccormickbarstow. com 3 Daniel L. Wainwright, #193486 daniel wainwright@mccormickbarstow. com 4 16^1 North Fresno Street Fresno, California 93720 5 Telephone: (559)433-1300 Facsimile: (559) 433-2300 6 Attorneys for Defendant, 7 QUAIL LAKE COMMUNITY ASSOCIATION, RECEIVED VIA EFILE a California Corporation 7/24/2018 3:40 PM 8 FRESNO COUNTY SUPERIOR COURT By: M.Sanchez, Deputy 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF FRESNO 11 12 ADRIAN GUERRERO, Case No. 16CECG03895 {Consolidated with 17CECG01087] 13 Plaintiff, ORDER GRANTING DEFENDANT, QUAIL 14 LAKE COMMUNITY ASSOCIATION'S APPLICATION FOR DETERMINATION 15 QUAIL LAKE COMMUNITY OF GOOD FAITH SETTLEMENT ASSOCIATION, a California Corporation; 16 IAIN LEVI OWENS; RICHARD L. OWENS, II, JENNIFER M. OWENS and DOES 1 to 17 100, 18 Defendants. 19 CYPRESS INSURANCE COMPANY, 20 Plaintiff, 21 22 IAIN LEVI OWENS; RICHARD L. OWENS, 23 II; JENNIFER M. OWENS; and DOES 1 to 10, 24 Defendants. 25 26 On or about July 24, 2018, Defendant, QUAIL LAKE COMMUNITY ASSOCIATION 27 ("QUAIL LAKE"), gave notice ofanApplication for anOrder determining thatthe settlement entered 28 into between Plaintiff, CYPRESS INSURANCE COMPANY ("CYPRESS INSURANCE"), and McCormick, Barstow. 1 Sheppard, Wayte & Carruth LLP ORDER GRANTING DEFENDANT, QUAIL LAKE COMMUNITY ASSOCIATION'S 7647 NORTH FRESNO STREET FRESNO. CA 93720 APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT 1 QUAIL LAKE in this consolidated civil action was in "good faith." 2 TheNotice, Application andDeclaration of Daniel L. Wainwright (and supporting documents) 3 wereservedon all partiesto this action, via Certified Mail,and"proof of service"of the samehas been 4 provided to the Court. 5 IT IS HEREBY ORDERED, ADJUDGED AND DECREED; 6 (1) The agreed-upon settlementbetweenQUAILLAKEandCYPRESS INSURANCE was 7 made in "GOOD FAITH" pursuant to California Code ofCivil Procedure section 877.6and the criteria 8 set forth in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488; 9 (2) That all of the claims asserted by CYPRESS INSURANCE against the settling 10 Defendant, i.e., QUAIL LAKES, are hereby dismissed with prejudice; 11 (3) That the statutory "notice" periods and deadlines for all Motions and/or Oppositions 12 regarding the Court's determination of "good faith" settlement pursuant to Code of Civil Procedure 13 §877.6 are specifically waived by the parties and this Court's Order of Good Faith Settlement is 14 effective immediately upon entry; and, 15 (4) That any and all actual and/or potential claims against QUAIL LAKE, by any co- 16 defendant (including but not limited to the non-settlingDefendants, IAIN LEVI OWENS, RICHARD 17 L. OWENS, II and JENNIFER M. OWENS, co-obligor, or joint tortfeasor for equitable comparative 18 contribution, declaratory relief and/or partial or comparative indemnity, based on comparative 19 negligence and/or comparative fault, are forever barred. 20 21 Dated: 2018 Judge of the Superior Court 22 23 61202-00115 5235209. 24 25 26 27 28 McCormick, Barstow, Sheppard, WAYTE& Carruth LLP ORDER GRANTING DEFENDANT, QUAIL LAKE COMMUNITY ASSOCIATION'S 7647 north FRESNO STREET FRESNO. CA 93720 APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Fresno, State of California. My business address is 7647 North Fresno Street, Fresno, CA 93720. On July 24, 2018,1 served true copies of the following document(s) described as ORDER GRANTING DEFENDANT, QUAIL LAKE COMMUNITY ASSOCIATION'S APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT on the interested parties in this action as follows: Scott E. Spell David McDowell Erik Durow McDowell, Shaw, Garcia & Mizell Law Office of Scott E. Spell 1655 N. Main St., Suite 370 12100 Wilshire Blvd., Suite 1520 Walnut Creek, CA 94596 Los Angeles, CA 90025 10 11 Anisha K. Basi Laughlin, Falbo, Levy & Moresi, LLP 12 555 12'*^ Street, suite 1900 Oakland. CA 94607 13 14 BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED: I enclosed the document(s) in a sealedenvelope or package addressedto the persons at the addresses listed in the ServiceListand 15 placed the envelope for collection and mailing via Certified Mail, Return Receipt Requested, following our ordinary business practices. I am readily familiar with this business's practice for 16 collecting and processing correspondence for mailing. On the samedaythat the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United 17 States Postal Service, in a sealed envelope with postage fully prepaid. 18 I declare underpenaltyof perjuryunder the laws of the State of California thatthe foregoing is true and correct. 19 Executed on July 24, 2018, at Fresno, California 20 21 22 KyCastillo 23 24 25 26 27 28 mcCormick, BARSTOW, Shepparo, Wayte & Carruth LLP 7047 NORTH FRESNO STREET FRESNO. CA 93720