On April 22, 2016 a
Motion-Secondary
was filed
involving a dispute between
Applied Underwriters Captive Risk Assurance,
California Insurance Company,,
Silver Autumn Hotel,
Warwick Amusements Corporation,,
Warwick California Corporation,
Warwick Denver Corporation,,
Warwick Melrose Dallas Corporation,
Wsf Beverage Corporation,,
and
Applied Risk Services, Inc.,,
Applied Underwriters Captive Risk Assurance,
Applied Underwriters, Inc., A Nebraska Corporation,
California Insurance Company,,
Continental Indeminty Company, An Iowa Corporation,
Does 1 Through 50, Inclusive,
Insurance Commissioner In His Capacity,
Willis Of New York, Inc.,
Willis Of New York, Inc., A New York Corporation,
for civil
in the District Court of San Francisco County.
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Larry J. Lichtenegger, Esq. [CSB #048206]
The Lichtenegger Law Office
3850 Rio Road, #58
Carmel, CA 93923
Telephone: (831) 626-2801
Facsimile: (831) 886-1639
lawyer@mbay.net
Attorneys for Plaintiff
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
02/28/2018
Clerk of the Court
BY: VANESSA WU
Deputy Clerk
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
WARWICK CALIFORNIA
CORPORATION, a California corporation,
WSF BEVERAGE CORPORATION, a
California corporation,
Plaintiffs,
v.
APPLIED UNDERWRITERS, INC., a
Nebraska corporation, APPLIED
UNDERWRITERS CAPTIVE
RISK ASSURANCE COMPANY, INC.,
an lowa corporation, CALIFORNIA
INSURANCE COMPANY, a California
corporation, CONTINENTAL
INDEMINTY COMPANY, an Iowa
Corporation; APPLIED RISK SERVICES,
INC., a New York corporation and DOES I
through 50, inclusive,
Defendants.
APPLIED UNDERWRITERS, INC., et. al.
Cross-Complainants,
v.
WARWICK CALIFORNIA
CORPORATION, a California corporation,
WSF BEVERAGE CORPORATION, a
California corporation,
Cross-Defendants.
H
Case No. GCG-16-551614
REPLY TO OPPOSITION TO MOTION
FOR JUDGMENT ON THE
PLEADINGS
Date: March 1, 2018
Time: 9:30 a.m.
Dept: 302
Reservation Number: 01310301-07The nature of Defendants/Cross-Complainants Opposition was expected. After all, they
are a Berkshire Hathaway subsidiary and have all the money in the world to litigate any and all
issues they wish to present. However, this motion is proper as the issue is raised because Applied
contends that the Order on their Motion to Stay only stayed their action and did not dismiss their
action against the Colorado, Texas and New York corporations. They contend that since it was
only stayed, they can still bring up the issues against those corporations.
Plaintiffs, however, contend that since the Cross-Complaint filed by Cross-Complainants
only named the California corporations, Applied cannot raise issues involving the Colorado,
Texas and New York corporations. Thus, Plaintiffs seek an order, not just that the actions against
the Colorado, Texas and New York corporations are stayed, but that they are no longer parties
and judgment must be entered in favor of Cross Defendants, apparently without prejudice, and
against the Cross-Complainants.
Dated: February 21, 2018 Lichtenegger Law Office
dei
Yi tek 3 a
Larry J. LichteneggerPROOF OF SERVICE
STATE OF CALIFORNIA )
1 ss
COUNTY OF MONTEREY )
I, the undersigned, declare that I am employed in the County of Monterey, State of|
California; I am over the age of 18 years and not a party to the within action; my business address!
is 3850 Rio Road, #58, Carmel, California 93923.
On February 22, 2018, I served PLAINTIFF’S RELY TO OPPOSITION TO
MOTION FOR JUDGMENT ON THE PLEADINGS on the parties in this action by:
personal service on the below-named party(ies) at the address(es) given.
x E-Mail by agreement. The e-mail address I used is indicated below the name of the
person served.
placing a true copy thereof enclosed in a postage prepaid and sealed envelope for|
deposit, collection and mailing on the date and at the place shown above following
this firm’s ordinary business practices. I am readily familiar with this firm’s|
business practice for collecting and processing correspondence for mailing. On
the same day that the correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service
at Monterey, California, and it was addressed as follows:
SPENCER Y. KOOK (SBN 205304) TRAVIS WALL (SBN 191662)
skook@hinshawlaw.com twall@hinshawlaw.com
HINSHAW & CULBERTSON LLP HINSHAW & CULBERTSON LLP
633 West Sth Street, 47th Floor One California Street, 18th Floor San Francisco,
Los Angeles, CA 90071-2043 CA 94111
Telephone: 213-680-2800 Telephone: 415-362-6000
Facsimile: 213-614-7399 Facsimile: 415-834-9070
I declare under penalty of perjury that the foregoing is true and correct and that this}
declaration was executed in Carmel, California, on the date written above.
Larry J. Lichtenegger
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Larry J. Lichtenegger, Esq. [CSB #048206] The Lichtenegger Law Office 3850 Rio Road, #58 Carmel, CA 93923 Telephone: (831) 626-2801 Facsimile: (831) 886-1639 lawyer@mbay.net Attorneys for Plaintiff ELECTRONICALLY FILED Superior Court of California, County of San Francisco 02/28/2018 Clerk of the Court BY: VANESSA WU Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO WARWICK CALIFORNIA CORPORATION, a California corporation, WSF BEVERAGE CORPORATION, a California corporation, Plaintiffs, v. APPLIED UNDERWRITERS, INC., a Nebraska corporation, APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., an lowa corporation, CALIFORNIA INSURANCE COMPANY, a California corporation, CONTINENTAL INDEMINTY COMPANY, an Iowa Corporation; APPLIED RISK SERVICES, INC., a New York corporation and DOES I through 50, inclusive, Defendants. APPLIED UNDERWRITERS, INC., et. al. Cross-Complainants, v. WARWICK CALIFORNIA CORPORATION, a California corporation, WSF BEVERAGE CORPORATION, a California corporation, Cross-Defendants. H Case No. GCG-16-551614 REPLY TO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS Date: March 1, 2018 Time: 9:30 a.m. Dept: 302 Reservation Number: 01310301-07The nature of Defendants/Cross-Complainants Opposition was expected. After all, they are a Berkshire Hathaway subsidiary and have all the money in the world to litigate any and all issues they wish to present. However, this motion is proper as the issue is raised because Applied contends that the Order on their Motion to Stay only stayed their action and did not dismiss their action against the Colorado, Texas and New York corporations. They contend that since it was only stayed, they can still bring up the issues against those corporations. Plaintiffs, however, contend that since the Cross-Complaint filed by Cross-Complainants only named the California corporations, Applied cannot raise issues involving the Colorado, Texas and New York corporations. Thus, Plaintiffs seek an order, not just that the actions against the Colorado, Texas and New York corporations are stayed, but that they are no longer parties and judgment must be entered in favor of Cross Defendants, apparently without prejudice, and against the Cross-Complainants. Dated: February 21, 2018 Lichtenegger Law Office dei Yi tek 3 a Larry J. LichteneggerPROOF OF SERVICE STATE OF CALIFORNIA ) 1 ss COUNTY OF MONTEREY ) I, the undersigned, declare that I am employed in the County of Monterey, State of| California; I am over the age of 18 years and not a party to the within action; my business address! is 3850 Rio Road, #58, Carmel, California 93923. On February 22, 2018, I served PLAINTIFF’S RELY TO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS on the parties in this action by: personal service on the below-named party(ies) at the address(es) given. x E-Mail by agreement. The e-mail address I used is indicated below the name of the person served. placing a true copy thereof enclosed in a postage prepaid and sealed envelope for| deposit, collection and mailing on the date and at the place shown above following this firm’s ordinary business practices. I am readily familiar with this firm’s| business practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service at Monterey, California, and it was addressed as follows: SPENCER Y. KOOK (SBN 205304) TRAVIS WALL (SBN 191662) skook@hinshawlaw.com twall@hinshawlaw.com HINSHAW & CULBERTSON LLP HINSHAW & CULBERTSON LLP 633 West Sth Street, 47th Floor One California Street, 18th Floor San Francisco, Los Angeles, CA 90071-2043 CA 94111 Telephone: 213-680-2800 Telephone: 415-362-6000 Facsimile: 213-614-7399 Facsimile: 415-834-9070 I declare under penalty of perjury that the foregoing is true and correct and that this} declaration was executed in Carmel, California, on the date written above. Larry J. Lichtenegger