On June 16, 2015 a
Stipulation,Agreement
was filed
involving a dispute between
Eng, Martin,
and
Castellanos, Marylou,
Does 1 To 1000 Inclusive,
Jp Morgan Chase Bank, N.A.,
Lender Processing Services, Inc.,
Quality Loan Service Corporation Erroneously Sued,
Quality Loan Services,
Sotheby'S International Realty,
for civil
in the District Court of San Francisco County.
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NIVEN & SMITH, LLP
SSS MONTGOMERY STREET, SUITE 1750
2817
SAN FRANCISCO, CALIFORNIA 94
STANLEY W. SMITH, ESQ. (SBN 72728) ELECTRONICALLY
NIVEN & SMITH, LLP
555 Montgomery Street, Suite 1750 F eae
San Francisco, CA 94111-2517 County of San Frencisco 7
Telephone: 415.981.5451
Facsimile: 415.433.5439 03/08/2017
BY:BOWMAN LIU.
Attorneys for Defendants Sotheby's International Realty, Deputy Clerk
MaryLou Castellanos
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
MARTIN ENG, No. CGC-15-546377
Plaintiff, EX PARTE APPLICATION FOR ORDER
vs. DETERMINING GOOD FAITH OF
SETTLEMENT PURSUANT TO
JP MORGAN CHASE BANK, N.A., QUALITY STIPULATION
LOAN SERVICE CORPORATION, SOTHEBY'S
INTERNATIONAL REALTY, INC., MARYLOU Date: March 10, 2017
CASTELLANOS, et al. Time: 11:00 a.m.
Place: Department 302
Defendants.
1. Defendants SOTHEBY'S INTERNATIONAL REALTY (“SOTHEBY’S) and MARYLOU
CASTELLANOS (“CASTELLANOS’) hereby apply for an order determining the settlement of Plaintiff
MARTIN ENG (“ENG”) and SOTHEBY'S and CASTELLANOS to be in good faith within the meaning of
Code of Civil Procedure § 877.6. Under the terms of said settlement, SOTHEBY’S and CASTELLANOS
have agreed to pay ENG the sum of Five Thousand Dollars ($5,000.00) in exchange for a release of all
claims asserted herein by ENG against SOTHEBY'S and CASTELLANOS. The settlement is expressly
conditioned upon the entry of the good faith order sought by this ex parte application.
2. As shown by the Stipulation and Order Re Good Faith Settlement presented with this
application, all parties have stipulated that the settlement between ENG and SOTHEBY’S and
CASTELLANOS is in good faith within the meaning of Code of Civil Procedure § 877.6. In light of the
Stipulation of all parties, SOTHEBY’S and CASTELLANOS request that the Court enter its order
determining the settlement in good faith within the meaning of Code of Civil Procedure § 877.6.
4
EX PARTE APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT PURSUANT TO STIPULATIONNIVEN & SMITH, LLP
555 MONTGOMERY STREET. SUITE 1750
2517
SAN FRANCISCO, CALIFORNIA 94
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3. Notice of this ex parte application has been given as more fully set forth in the
Declaration of Stanley W. Smith presented herewith.
NIVEN & SMITH, LLP
By: SC HEC
STANLEY W. SMITH
Attorneys for Defendants Sotheby's International Realty,
MaryLou Castellanos
Dated: March 8, 2017
2
EX PARTE APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT PURSUANT TO STIPULATION
Document Filed Date
March 08, 2017
Case Filing Date
June 16, 2015
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NIVEN & SMITH, LLP SSS MONTGOMERY STREET, SUITE 1750 2817 SAN FRANCISCO, CALIFORNIA 94 STANLEY W. SMITH, ESQ. (SBN 72728) ELECTRONICALLY NIVEN & SMITH, LLP 555 Montgomery Street, Suite 1750 F eae San Francisco, CA 94111-2517 County of San Frencisco 7 Telephone: 415.981.5451 Facsimile: 415.433.5439 03/08/2017 BY:BOWMAN LIU. Attorneys for Defendants Sotheby's International Realty, Deputy Clerk MaryLou Castellanos IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO MARTIN ENG, No. CGC-15-546377 Plaintiff, EX PARTE APPLICATION FOR ORDER vs. DETERMINING GOOD FAITH OF SETTLEMENT PURSUANT TO JP MORGAN CHASE BANK, N.A., QUALITY STIPULATION LOAN SERVICE CORPORATION, SOTHEBY'S INTERNATIONAL REALTY, INC., MARYLOU Date: March 10, 2017 CASTELLANOS, et al. Time: 11:00 a.m. Place: Department 302 Defendants. 1. Defendants SOTHEBY'S INTERNATIONAL REALTY (“SOTHEBY’S) and MARYLOU CASTELLANOS (“CASTELLANOS’) hereby apply for an order determining the settlement of Plaintiff MARTIN ENG (“ENG”) and SOTHEBY'S and CASTELLANOS to be in good faith within the meaning of Code of Civil Procedure § 877.6. Under the terms of said settlement, SOTHEBY’S and CASTELLANOS have agreed to pay ENG the sum of Five Thousand Dollars ($5,000.00) in exchange for a release of all claims asserted herein by ENG against SOTHEBY'S and CASTELLANOS. The settlement is expressly conditioned upon the entry of the good faith order sought by this ex parte application. 2. As shown by the Stipulation and Order Re Good Faith Settlement presented with this application, all parties have stipulated that the settlement between ENG and SOTHEBY’S and CASTELLANOS is in good faith within the meaning of Code of Civil Procedure § 877.6. In light of the Stipulation of all parties, SOTHEBY’S and CASTELLANOS request that the Court enter its order determining the settlement in good faith within the meaning of Code of Civil Procedure § 877.6. 4 EX PARTE APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT PURSUANT TO STIPULATIONNIVEN & SMITH, LLP 555 MONTGOMERY STREET. SUITE 1750 2517 SAN FRANCISCO, CALIFORNIA 94 N OD GD B WN NN NY NY NY NY NN WN on F&F A BF ON =| S co ON BD HD RB WYN 3. Notice of this ex parte application has been given as more fully set forth in the Declaration of Stanley W. Smith presented herewith. NIVEN & SMITH, LLP By: SC HEC STANLEY W. SMITH Attorneys for Defendants Sotheby's International Realty, MaryLou Castellanos Dated: March 8, 2017 2 EX PARTE APPLICATION FOR ORDER DETERMINING GOOD FAITH OF SETTLEMENT PURSUANT TO STIPULATION