Stipulation,Agreement: METROPOLITAN ELECTRICAL CONSTRUCTION, INC. VS. RED WING ELECTRIC, LLC ET AL

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                                UC

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Mar-15-2017 4:08 pm

Case Number: CGC-16-551803
Filing Date: Mar-15-2017 4:08
Filed by: ERICKA LARNAUTI

Image: 05783499
ORDER

METROPOLITAN ELECTRICAL CONSTRUCTION, INC. VS. RED WING
ELECTRIC, LLC ET AL

001005783499

Instructions:
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LEONIDOU & ROSIN

Professional Corporation San Francisco County Superior Court

Janette K Leonidow (No. 155257)
Michael M. Lum (No. 215700) 54
717 Cuesta Drive, Suite 200 MAR 15 2017

Mountain View, CA 94040
Telephone: (650) 69)-2888 Cu F THE Ci
Facsimile: (650) 691-2889 BY:

Deputy Clerk

Attorneys for Plaintiff
METROPOLITAN ELECTRICAL CONSTRUCTION, INC.

LAW OFFICES OF MARIANNE RECHER
Marianne Recher (No. 301905)

P.O, Box 531

Bolinas, CA 94924

Telephone: (415) 779-4212

Attorneys for Defendant
RED WING ELECTRIC, LLC

TN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

Case No.: CGC-16-55 1803
STIPULATION AND ORDER TO

METROPOLITAN ELECTRICAL
CONSTRUCTION, INC., a California
corporation,

TO ATTACH ORDER AND WRIT OF
ATTACHMENT

Plaintiff,

YS.
Unlimited Jurisdiction
RED WING ELECTRIC, LLC, a New Jersey
limited liability company; 200 PAUL, LLC a
Delaware limited liability company; XO
COMMUNICATIONS, LLC, a Delaware
limited liability company; and DOES 1
through 50 inclusive,

Dept: 302
Complaint Filed; May 4, 2016

Defendants

Ne ee ee ee et el er et

Through their respective counsel, Metropolitan Electrical Construction,

(“Metropolitan”) and Red Wing Electric, LLC (“Red Wing”) stipulate as follows:

L

DISCHARGE AND SET ASIDE RIGHT

Inc.

STIPULATION AND ORDER TO DISCHARGE AND SET ASIDE WRIT OF ATTACHMENT

SAALRDOCS1 3595800191019. DOCKL WHEREAS on or about May 4, 2016, Metropolitan filed a Complaint initiating a
civil action against Red Wing, among other parties.

2. WHEREAS pursuant to the stipulation of Red Wing and Metropolitan, the Court
issued a Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing
against Red Wing on June 29, 2016.

3. WHEREAS Metropolitan deposited surety Bond No. 9203605, issued by Fidelity
and Deposit Company of Maryland in the penal sum of $10,000 on June 30, 2016.

4, WHEREAS the Court issued a Writ of Attachment to the San Francisco County
Sheriff on June 30, 2016.

5. WHEREAS the Court issued a Writ of Attachment to the San Mateo County
Sheriff on June 30, 2016.

6. WHEREAS the Court issued a Writ of Attachment to the Los Angeles County
Sheriff on July 19, 2016.

7. WHEREAS the parties to this civil action have reached a settlement.

STIPULATION
Therefore, Metropolitan and Red Wing hereby stipulate as follows:

L For entry by the Court of an Order to discharge and set aside the Right to Attach
Order and Order for fssuance of Writ of Attachment after Hearing and the writs of attachment
previously issued in this civil action against Red Wing.

2. For a waiver of the provisions of Code of Civil Procedure section 490.010.

3. That the Right to Attach Order and Order for Issuance of Writ of Attachment after
Hearing and writs of attachment issued in this civil action against Red Wing were not wrongful
despite Metropolitan not having a judgement entered,

4, That Metropolitan is released and discharged from any liability arising from or
related to: (a) the Right to Attach Order and Order for Issuance of Writ of Attachment after
Hearing; and (b) the writs of attachment issued in this civil action against Red Wing, including
but not limited to any claim for wrongful attachment,

Mt

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STLPULATION AND ORDER TO DISCHARGE AND SET ASIDE WRIT OF ATTACHMENT

SAALRDOCS\ 5593\43\0019 1019.D0CX CEC-Ite- Ss] SOCe A AH BY DN

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5. That Fidelity and Deposit Company of Maryland is fully released and discharged
from liability under surety Bond No. 9203605.

Dated: November xm 16 LEONIDOU & ROSIN
Professional Corporation

ce.

ichael M. Lum
ttorney for Plaintiff
METROPOLITAN ELECTRICAL

CONSTRUCTION, INC.

Dated: November 22, 2016 LAW OFFICE OF MARIANNE RECHER

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By AAs ne ocd
n Marianne Recher
Attoruey for Defendant
RED WING ELECTRIC, LLC

ORDER
The Court having considered the stipulation of the parties, through counsel, and good.
cause appearing, IT IS HEREBY SO ORDERED.

DATED: __ 3c, 2016) LY —V

JUDGE OF THE SUPERIOR COURT

HAROLD KAHN

3

STIPULATION AND ORDER TO DISCHARGE AND SET ASIDE WRIT OF ATTACHMENT

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