Preview
2015-1-CV-282400
Santa Clara — Civil
M Reynpso
Electronically Filed
SPENCER Y. KOOK (SBN 205304)
skook@hinshawlaw.com by Superior Court of CA,
HINSHAW & CULBERTSON LLP County of Santa Clara,
350 South Grand Ave., Suite 3600 on 7/2/2020 3:03 PM
Los Angeles, CA 90071-3402 Reviewed By: M Reynoso
Telephone: 213-680-2800 Case #2015-1-CV-282400
Facsimile: 213-614-7399 Envelope: 4546289
TRAVIS WALL (SBN 191662)
twall@hinshawlaw.com
JOANNA L. STOREY (SBN 214952)
jstorey@hinshawlaw.com
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone: 415-362-6000
Facsimile: 415-834-9070
10 Attorneys for Defendants APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE
COMPANY, INC., APPLIED RISK SERVICES, INC., APPLIED RISK SERVICES OF NEW
11 YORK, INC., CALIFORNIA INSURANCE COMPANY, and CONTINENTAL INDEMNITY
COMPANY
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 FOR THE COUNTY OF SANTA CLARA
15 UNLIMITED JURISDICTION
16 SANDMAN, INC., d/b/a/ STAR CONCRETE, ) Case No. 1-15-CV-282400
17 Plaintiff, )
) APPLIED DEFENDANTS’ AMENDED
18 VS. ) NOTICE OF MOTION AND MOTION TO
STAY ACTION
19 APPLIED UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC., a British Complaint Filed: June 26, 2015
20 Virgin Islands corporation, et al.,
Date: September 24, 2020
21 Defendants. Time: 9:00 a.m.
Department 6
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2a
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APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION
Case No. 1-15-CV-282400
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on September 24, 2020, at 9:00 a.m., or as soon thereafter as
the matter can be heard in Department 6 of the above-entitled Court, located at 191 N. First Street,
San Jose, CA 95113, Defendants Applied Underwriters Captive Risk Assurance Company, Inc.
(“AUCRA”), Applied Risk Services, Inc. (“ARS”), Applied Risk Services of New York, Inc.,
(“ARSNY”) California Insurance Company (“CIC”), and Continental Indemnity Company
(“Continental”) (collectively “Applied Defendants”) will, and hereby do, move this Court for an
Order to stay this action in its entirety. The Applied Defendants seek a stay on the ground that
allowing this case to proceed even in part would violate the November 4, 2019 order by the
10 Honorable George A. Miram, Judge of the Superior Court of the State of California for the County
11 of San Mateo, Appointing Insurance Commissioner as Conservator and Restraining Orders. In the
12 alternative, the Applied defendants request that the Court exercise its inherent authority to stay
13 the case.
14 This Motion is based on this Notice of Motion and Motion to Stay Action, the Memorandum
15 of Points and Authorities, the Declaration of Travis Wall, the pleadings filed in this action and on
16 such further and other evidence and arguments as may be presented at the hearing on the present
17 motion.
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Dated: July 2, 2020 HINSHAW & CULBERTSON LLP
19
) a
20 s KY
By:
21 SPENCER KOOK
TRAVIS WALL
22 JOANNA L. STOREY
Attorneys for Defendants APPLIED
23 UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC., APPLIED
24 RISK SERVICES, INC., APPLIED RISK
SERVICES OF NEW YORK, INC.,
25 CALIFORNIA INSURANCE COMPANY, and
CONTINENTAL INDEMNITY COMPANY
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APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION
Case No. 1-15-CV-282400
CERTIFICATE OF SERVICE
SANDMAN, INC., d/b/a/ STAR CONCRETE v. APPLIED UNDERWRITERS CAPTIVE
RISK ASSURANCE COMPANY, INC., a British Virgin Islands corporation, et al.
1-15-CV-282400
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO:
Tam a citizen of the United States and employed in San Francisco, California, at the office of
a member of the bar of this Court at whose direction this service was made. I am over the age of 18
and not a party to the within actions; my business address is One California Street, 18th Floor, San
Francisco, California 94111.
On July 2, 2020, I served the document(s) entitled as follows on the interested parties in this
action as stated below:
10
e APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION AND MOTION TO
11 STAY ACTION
12 Philip L. Pillsbury, Jr., Esq. Linda E. Klamm, Esq.
Eric K. Larson, Esq. Candice P. Shih, Esq.
13 Pillsbury & Coleman, LLP Hanson Bridgett LLP
600 Montgomery Street, 31‘ Floor 425 Market Street, 26" Floor
14
San Francisco, CA 94111 San Francisco, CA 94105
15 Telephone: (415) 433-8000 Telephone: (415) 777-3200
Facsimile: (415) 433-4816 Facsimile: (415) 541-9366
16 Email: ppillsbury@pillsburycoleman.com; Email: klamm@hansonbridgett.com;
rlarson@pillsburycoleman.com; cshih@hansonbridgett.com
17 sreyes@pillsburycoleman.com Attorneys for Defendant Wells Fargo
Attorneys for Plaintiffs Sandman, Inc. d/b/a Star Insurance Services USA, Inc.
18
Concrete
19
Gordon Park, Esq. Cynthia J. Larsen, Esq.
20 Dana Denno, Esq. Justin Giovannettone, Esq.
McCormick Barstow, LLP Orrick, Herrington & Sutcliffe LLP
21 7647 N. Fresno Street 400 Capitol Mall, Suite 3000
Fresno, CA 93720 Sacramento, CA 95814-4497
22
Telephone: (559) 433-1300 Telephone: (916) 447-9200
23 Fax: (559) 443-2300 Facsimile: (916) 329-4900
Email: Gordon.Park@mccormickbarstow.com; Email: clarsen@orrick.com;
24 dana.denno@mccormickbarstow.com jgiovannettone@orrick.com
Attorneys for Defendant ThomCo Associates Attorneys for Insurance Commissioner in his
2a Insurance Services, sued herein as ThomCo capacity as Conservator of California
Insurance Associates, Inc. Insurance Company
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27 & (BY ELECTRONIC SERVICE): I caused the documents to be served by electronic
transmission via One Legal, deemed to be served on this day if e-served by the close of business day
28 for this Court on the parties indicated above.
3
APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION.
Case No. 1-15-CV-282400
I declare under penalty of perjury under the laws of the United States that the above is true
and correct and was executed on July 2, 2020, at San Francisco, California.
nna
Sherie McLean
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APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION.
Case No. 1-15-CV-282400
Preview
2015-1-CV-282400 Santa Clara — Civil M Reynpso Electronically Filed SPENCER Y. KOOK (SBN 205304) skook@hinshawlaw.com by Superior Court of CA, HINSHAW & CULBERTSON LLP County of Santa Clara, 350 South Grand Ave., Suite 3600 on 7/2/2020 3:03 PM Los Angeles, CA 90071-3402 Reviewed By: M Reynoso Telephone: 213-680-2800 Case #2015-1-CV-282400 Facsimile: 213-614-7399 Envelope: 4546289 TRAVIS WALL (SBN 191662) twall@hinshawlaw.com JOANNA L. STOREY (SBN 214952) jstorey@hinshawlaw.com HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 Telephone: 415-362-6000 Facsimile: 415-834-9070 10 Attorneys for Defendants APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED RISK SERVICES, INC., APPLIED RISK SERVICES OF NEW 11 YORK, INC., CALIFORNIA INSURANCE COMPANY, and CONTINENTAL INDEMNITY COMPANY 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SANTA CLARA 15 UNLIMITED JURISDICTION 16 SANDMAN, INC., d/b/a/ STAR CONCRETE, ) Case No. 1-15-CV-282400 17 Plaintiff, ) ) APPLIED DEFENDANTS’ AMENDED 18 VS. ) NOTICE OF MOTION AND MOTION TO STAY ACTION 19 APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., a British Complaint Filed: June 26, 2015 20 Virgin Islands corporation, et al., Date: September 24, 2020 21 Defendants. Time: 9:00 a.m. Department 6 22 23 24 2a 26 27 28 APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION Case No. 1-15-CV-282400 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 24, 2020, at 9:00 a.m., or as soon thereafter as the matter can be heard in Department 6 of the above-entitled Court, located at 191 N. First Street, San Jose, CA 95113, Defendants Applied Underwriters Captive Risk Assurance Company, Inc. (“AUCRA”), Applied Risk Services, Inc. (“ARS”), Applied Risk Services of New York, Inc., (“ARSNY”) California Insurance Company (“CIC”), and Continental Indemnity Company (“Continental”) (collectively “Applied Defendants”) will, and hereby do, move this Court for an Order to stay this action in its entirety. The Applied Defendants seek a stay on the ground that allowing this case to proceed even in part would violate the November 4, 2019 order by the 10 Honorable George A. Miram, Judge of the Superior Court of the State of California for the County 11 of San Mateo, Appointing Insurance Commissioner as Conservator and Restraining Orders. In the 12 alternative, the Applied defendants request that the Court exercise its inherent authority to stay 13 the case. 14 This Motion is based on this Notice of Motion and Motion to Stay Action, the Memorandum 15 of Points and Authorities, the Declaration of Travis Wall, the pleadings filed in this action and on 16 such further and other evidence and arguments as may be presented at the hearing on the present 17 motion. 18 Dated: July 2, 2020 HINSHAW & CULBERTSON LLP 19 ) a 20 s KY By: 21 SPENCER KOOK TRAVIS WALL 22 JOANNA L. STOREY Attorneys for Defendants APPLIED 23 UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED 24 RISK SERVICES, INC., APPLIED RISK SERVICES OF NEW YORK, INC., 25 CALIFORNIA INSURANCE COMPANY, and CONTINENTAL INDEMNITY COMPANY 26 27 28 2 APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION Case No. 1-15-CV-282400 CERTIFICATE OF SERVICE SANDMAN, INC., d/b/a/ STAR CONCRETE v. APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., a British Virgin Islands corporation, et al. 1-15-CV-282400 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO: Tam a citizen of the United States and employed in San Francisco, California, at the office of a member of the bar of this Court at whose direction this service was made. I am over the age of 18 and not a party to the within actions; my business address is One California Street, 18th Floor, San Francisco, California 94111. On July 2, 2020, I served the document(s) entitled as follows on the interested parties in this action as stated below: 10 e APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION AND MOTION TO 11 STAY ACTION 12 Philip L. Pillsbury, Jr., Esq. Linda E. Klamm, Esq. Eric K. Larson, Esq. Candice P. Shih, Esq. 13 Pillsbury & Coleman, LLP Hanson Bridgett LLP 600 Montgomery Street, 31‘ Floor 425 Market Street, 26" Floor 14 San Francisco, CA 94111 San Francisco, CA 94105 15 Telephone: (415) 433-8000 Telephone: (415) 777-3200 Facsimile: (415) 433-4816 Facsimile: (415) 541-9366 16 Email: ppillsbury@pillsburycoleman.com; Email: klamm@hansonbridgett.com; rlarson@pillsburycoleman.com; cshih@hansonbridgett.com 17 sreyes@pillsburycoleman.com Attorneys for Defendant Wells Fargo Attorneys for Plaintiffs Sandman, Inc. d/b/a Star Insurance Services USA, Inc. 18 Concrete 19 Gordon Park, Esq. Cynthia J. Larsen, Esq. 20 Dana Denno, Esq. Justin Giovannettone, Esq. McCormick Barstow, LLP Orrick, Herrington & Sutcliffe LLP 21 7647 N. Fresno Street 400 Capitol Mall, Suite 3000 Fresno, CA 93720 Sacramento, CA 95814-4497 22 Telephone: (559) 433-1300 Telephone: (916) 447-9200 23 Fax: (559) 443-2300 Facsimile: (916) 329-4900 Email: Gordon.Park@mccormickbarstow.com; Email: clarsen@orrick.com; 24 dana.denno@mccormickbarstow.com jgiovannettone@orrick.com Attorneys for Defendant ThomCo Associates Attorneys for Insurance Commissioner in his 2a Insurance Services, sued herein as ThomCo capacity as Conservator of California Insurance Associates, Inc. Insurance Company 26 27 & (BY ELECTRONIC SERVICE): I caused the documents to be served by electronic transmission via One Legal, deemed to be served on this day if e-served by the close of business day 28 for this Court on the parties indicated above. 3 APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION. Case No. 1-15-CV-282400 I declare under penalty of perjury under the laws of the United States that the above is true and correct and was executed on July 2, 2020, at San Francisco, California. nna Sherie McLean 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2a 26 27 28 4 APPLIED DEFENDANTS’ AMENDED NOTICE OF MOTION TO STAY ACTION. Case No. 1-15-CV-282400