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JODIS. COHEN, CASB No. 151534
jodi.cohen@kyl.com
SIMON M. LEVY, CASB No. 305569
simon.levy@kyl.com
KEESAL, YOUNG & LOGAN
A Professional Corporation
450 Pacific Avenue
San Francisco, California 94133
Telephone: (415) 398-6000
Facsimile: (415) 981-0136
Attorneys for Defendant
WILLIS OF NEW YORK, INC.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
04/16/2018
Clerk of the Court
BY: SANDRA SCHIRO
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
WARWICK AMUSEMENTS CORPORATION,
a Delaware corporation;
WARWICK CALIFORNIA CORPORATION,
a California corporation;
WARWICK DENVER CORPORATION,
a Delaware corporation;
WSF BEVERAGE CORPORATION,
a California corporation;
WARWICK MELROSE DALLAS
CORPORATION, a Delaware corporation;
SILVER AUTUMN HOTEL (N.Y.)
CORPORATION, LTD., a Delaware corporation,
Plaintiffs,
vs.
APPLIED UNDERWRITERS, INC.,
a Nebraska corporation;
APPLIED UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC.,
an lowa corporation;
CALIFORNIA INSURANCE COMPANY,
a California corporation;
CONTINENTAL INDEMNITY COMPANY,
an Iowa corporation;
APPLIED RISK SERVICES, INC., a New York
corporation;
WILLIS OF NEW YORK, INC., a New York
corporation,
and DOES | through 50, inclusive,
Defendants.
Case No. CGC-16-551614
Action Filed: April 22, 2016
DEFENDANT WILLIS OF NEW YORK,
INC.’S NOTICE OF NON-OPPOSITION
AND REPLY BRIEF IN SUPPORT ITS
MOTION FOR GOOD FAITH
SETTLEMENT DETERMINATION
Date: April 19, 2018
Time: 9:30 a.m.
Place: Dept. 302
Trial Date: May 21, 2018
DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT
ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION
KYL4852-68 16-4450.1Defendant WILLIS OF NEW YORK, INC. (“Willis”) hereby submits this Notice of Non-
Opposition and Reply Brief in support of its Motion for Good Faith Settlement Determination (the
“Motion”).
On April 5, 2018, Willis filed the Motion pursuant to this Court’s Order granting Willis’s ex
parte application to shorten time for notice and hearing the Motion. Plaintiffs, WARWICK.
AMUSEMENTS CORPORATION, WARWICK CALIFORNIA CORPORATION, WARWICK
DENVER CORPORATION, WSF BEVERAGE CORPORATION, WARWICK MELROSE
DALLAS CORPORATION, and SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD.
(collectively “Warwick”), and Defendants, APPLIED UNDERWRITERS, INC., APPLIED
UNDER~-WRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA
INSURANCE COMPANY, CONTINENTAL INDEMNITY COMPANY, and APPLIED RISK
SERVICES, INC. (collectively “Applied”), were served with the Motion on April 5, 2018 by email
and overnight mail. A proof of service was filed in this Court.
Pursuant to the Court’s Order, Applied and Warwick’s deadline to oppose the Motion was
April 13, 2018 at 4:00 pm. As of the day of this Reply, neither Applied nor Warwick has served any
Opposition to Willis’s Motion. Counsel for Willis communicated with the respective counsel for
Applied and Warwick who indicated that their respective clients did not intend to oppose the Motion.
Accordingly, and in light of Applied and Warwick not filing and serving an Opposition to Willis’s
Motion, Willis respectfully renews its request that the Court grant its Motion for Good Faith
Settlement Determination
DATED: April 16, 2018 Sa
JODIS. COHEN
SIMON M. LEVY
KEESAL, YOUNG & LOGAN
Attorneys for Defendant
WILLIS OF NEW YORK, INC.
-1-
DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT
ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION
KYL4852-68 16-4450.1PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
Iam employed in the County of San Francisco, State of California. Iam over the age of 18
and not a party to the within action; my business address is Keesal, Young & Logan, 450 Pacific
Avenue, San Francisco, CA 94133.
On April 16, 2018, I served the foregoing documents described as:
DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION
AND REPLY BRIEF IN SUPPORT ITS MOTION FOR GOOD FAITH SETTLEMENT
DETERMINATION
on the parties in this action by placing a true copy thereof enclosed in a sealed envelope
addressed as follows:
Larry J. Lichtenegger, Esq. Attorney for Plaintiff
The Lichtenegger Law Office
3850 Rio Road, #58
Carmel, CA 93923
Telephone: (831) 626-2801
Facsimile: (831) 886-1639
Email: lawyer@mbay.net
ROXBOROUGH, POMERANCE, NYE & Attorneys for Plaintiff
ADREANT, LLP
Nicholas P. Roxborough, Esq.
Joseph C. Gjonola, Esq.
Ryan R. Salsig, Esq.
5820 Canoga Avenue, Suite 250
Woodland Hills, California 91367
Telephone: (818)992-9999
Facsimile (818) 992-9991
Email: npr@rpnalaw.com
jeg@rpnlaw.com
rrs@rpnalaw.com
HINSHAW & CULBERTSON LLP Attorneys for Defendants Applied Underwriters,
Travis Wall, Esq. Inc.; Applied Underwriters Captive Risk
Jared W. Matheson, Esq. Assurance Company, Inc.; California Insurance
One California Street, 18th Floor Company; Continental Indemnity Insurance
San Francisco, CA 94111 Company, Applied Risk Services
Telephone: (415) 743-3738
Facsimile: (415) 434-2533
Email: twall@mail.hinshawlaw.com
jmatheson@hinshawlaw.com
-2-
DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT
ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION
KYL4852-68 16-4450.1HINSHAW & CULBERTSON LLP Attorneys for Defendants Applied Underwriters,
Spencer Y. Kook, Esq. Inc.; Applied Underwriters Captive Risk
Kent R. Keller, Esq. Assurance Company, Inc.; California Insurance
633 West Sth Street, 47th Floor Company, Continental Indemnity Insurance
Los Angeles, CA 90071 Company, Applied Risk Services
Telephone: (213) 680-2800
Facsimile: 13) 614-7399
Email: Skook@hinshawlaw.com
kkeller@hinshawlaw.com
uM I caused the above-entitled document(s) to be served through File & ServeXpress
addressed to all parties appearing on the File & ServeXpress electronic service list for the above-
entitled case. The file transmission was reported as completed and a copy of the “File & ServeXpress
Filing Receipt” page(s) will be maintained with the original document(s) in our office.
Executed on April 16, 2018 at San Francisco, California.
I declare under penalty of perjury under the laws of the State of California and United States of
America that the foregoing is true and correct.
I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made.
Ave PAL
U
Lara Joel
-3-
DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT
ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION
KYL4852-68 16-4450.1
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JODIS. COHEN, CASB No. 151534 jodi.cohen@kyl.com SIMON M. LEVY, CASB No. 305569 simon.levy@kyl.com KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 Attorneys for Defendant WILLIS OF NEW YORK, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 04/16/2018 Clerk of the Court BY: SANDRA SCHIRO Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO WARWICK AMUSEMENTS CORPORATION, a Delaware corporation; WARWICK CALIFORNIA CORPORATION, a California corporation; WARWICK DENVER CORPORATION, a Delaware corporation; WSF BEVERAGE CORPORATION, a California corporation; WARWICK MELROSE DALLAS CORPORATION, a Delaware corporation; SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD., a Delaware corporation, Plaintiffs, vs. APPLIED UNDERWRITERS, INC., a Nebraska corporation; APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., an lowa corporation; CALIFORNIA INSURANCE COMPANY, a California corporation; CONTINENTAL INDEMNITY COMPANY, an Iowa corporation; APPLIED RISK SERVICES, INC., a New York corporation; WILLIS OF NEW YORK, INC., a New York corporation, and DOES | through 50, inclusive, Defendants. Case No. CGC-16-551614 Action Filed: April 22, 2016 DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION Date: April 19, 2018 Time: 9:30 a.m. Place: Dept. 302 Trial Date: May 21, 2018 DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION KYL4852-68 16-4450.1Defendant WILLIS OF NEW YORK, INC. (“Willis”) hereby submits this Notice of Non- Opposition and Reply Brief in support of its Motion for Good Faith Settlement Determination (the “Motion”). On April 5, 2018, Willis filed the Motion pursuant to this Court’s Order granting Willis’s ex parte application to shorten time for notice and hearing the Motion. Plaintiffs, WARWICK. AMUSEMENTS CORPORATION, WARWICK CALIFORNIA CORPORATION, WARWICK DENVER CORPORATION, WSF BEVERAGE CORPORATION, WARWICK MELROSE DALLAS CORPORATION, and SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD. (collectively “Warwick”), and Defendants, APPLIED UNDERWRITERS, INC., APPLIED UNDER~-WRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA INSURANCE COMPANY, CONTINENTAL INDEMNITY COMPANY, and APPLIED RISK SERVICES, INC. (collectively “Applied”), were served with the Motion on April 5, 2018 by email and overnight mail. A proof of service was filed in this Court. Pursuant to the Court’s Order, Applied and Warwick’s deadline to oppose the Motion was April 13, 2018 at 4:00 pm. As of the day of this Reply, neither Applied nor Warwick has served any Opposition to Willis’s Motion. Counsel for Willis communicated with the respective counsel for Applied and Warwick who indicated that their respective clients did not intend to oppose the Motion. Accordingly, and in light of Applied and Warwick not filing and serving an Opposition to Willis’s Motion, Willis respectfully renews its request that the Court grant its Motion for Good Faith Settlement Determination DATED: April 16, 2018 Sa JODIS. COHEN SIMON M. LEVY KEESAL, YOUNG & LOGAN Attorneys for Defendant WILLIS OF NEW YORK, INC. -1- DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION KYL4852-68 16-4450.1PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO Iam employed in the County of San Francisco, State of California. Iam over the age of 18 and not a party to the within action; my business address is Keesal, Young & Logan, 450 Pacific Avenue, San Francisco, CA 94133. On April 16, 2018, I served the foregoing documents described as: DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Larry J. Lichtenegger, Esq. Attorney for Plaintiff The Lichtenegger Law Office 3850 Rio Road, #58 Carmel, CA 93923 Telephone: (831) 626-2801 Facsimile: (831) 886-1639 Email: lawyer@mbay.net ROXBOROUGH, POMERANCE, NYE & Attorneys for Plaintiff ADREANT, LLP Nicholas P. Roxborough, Esq. Joseph C. Gjonola, Esq. Ryan R. Salsig, Esq. 5820 Canoga Avenue, Suite 250 Woodland Hills, California 91367 Telephone: (818)992-9999 Facsimile (818) 992-9991 Email: npr@rpnalaw.com jeg@rpnlaw.com rrs@rpnalaw.com HINSHAW & CULBERTSON LLP Attorneys for Defendants Applied Underwriters, Travis Wall, Esq. Inc.; Applied Underwriters Captive Risk Jared W. Matheson, Esq. Assurance Company, Inc.; California Insurance One California Street, 18th Floor Company; Continental Indemnity Insurance San Francisco, CA 94111 Company, Applied Risk Services Telephone: (415) 743-3738 Facsimile: (415) 434-2533 Email: twall@mail.hinshawlaw.com jmatheson@hinshawlaw.com -2- DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION KYL4852-68 16-4450.1HINSHAW & CULBERTSON LLP Attorneys for Defendants Applied Underwriters, Spencer Y. Kook, Esq. Inc.; Applied Underwriters Captive Risk Kent R. Keller, Esq. Assurance Company, Inc.; California Insurance 633 West Sth Street, 47th Floor Company, Continental Indemnity Insurance Los Angeles, CA 90071 Company, Applied Risk Services Telephone: (213) 680-2800 Facsimile: 13) 614-7399 Email: Skook@hinshawlaw.com kkeller@hinshawlaw.com uM I caused the above-entitled document(s) to be served through File & ServeXpress addressed to all parties appearing on the File & ServeXpress electronic service list for the above- entitled case. The file transmission was reported as completed and a copy of the “File & ServeXpress Filing Receipt” page(s) will be maintained with the original document(s) in our office. Executed on April 16, 2018 at San Francisco, California. I declare under penalty of perjury under the laws of the State of California and United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Ave PAL U Lara Joel -3- DEFENDANT WILLIS OF NEW YORK, INC.’S NOTICE OF NON-OPPOSITION AND REPLY BRIEF IN SUPPORT ITS MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION KYL4852-68 16-4450.1