Order: PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al

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                                AMO

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jan-02-2013 10:55 am

Case Number: CGC-10-498405
Filing Date: Jan-02-2013 10:54
Filed by: GINA GONZALES
Juke Box: 001 Image: 03891132
ORDER

PERFORMING ARTS LLC, VS. KILLARNEY CONSTRUCTION CO., INC. et al

00103891132

Instructions:
Please place this sheet on top of the document to be scanned._ 0940 GOR

LEWIS
BRISBOIS
BISGAARD
&SVERLIP

ioe ALAN

ec 2 a A MH RF WH NH

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Se aw Aw RH DH SF S

LEWIS BRISBOIS BISGAARD & SMITH LLP

SUZANNE M. MARTIN, SB# 167079
JONATHAN G. KEPKO, SB# 263427
One Sansome Street, Suite 1400

San Francisco, California 94104
Telephone: 415.362.2580

FILE it
JAN 02 2013

OLERK OF He COURT .
, Deputy Clark

Attomeys for Defendants ‘and Cross-Defendants CULLINANE CONSTRUCTION and AL

NORMAN MECHANICAL, INC.

ZIEF, DIMENT & GLICKMAN
JORDAN A. SUSSMAN, SB# 225220
109 Geary Street, Fourth Floor

San Francisco, CA 94108

Tel: 415.986.3644

Attomeys for Intervenor ASPEN INSURANCE UK, LTD on béhalf of Defendant and Cross-
Defendant KILLARNEY CONSTRUCTION CO., a California suspended corporation

THE GARY LAW FIRM
TODD B. GARY, SB 161015
950 Risa Road, 2nd Floor
Lafayette, CA 94549

Tel: 925.831.1155

Attorney for Defendant and Cross-Defendant CULLINANE CONSTRUCTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

PERFORMING ARTS, LLC, a Delaware limited
liability company,

Plaintiff,
v.

KILLARNEY CONSTRUCTION CO., INC.,
MID-MARKET DEVELOPMENT CO., INC.,
CARDINAL CONSTRUCTION, ALNORMAN

MECHANICAL, INC., MICHAEL MURRAY,

and DOES 1 THROUGH 200, inclusive,
Defendant.

4822-6852-4816.1

CASE NO. CGC- 10498405

|| ORDER GRANTING MOTION
FOR DETERMINATION OF GOOD FAITH
SETTLEMENT

Date: January 2, 2013
Time; 9:30 a.m.
Dept.: 302

ACTION FILED: April-7, 2010 - — oe
TRIAL DATE: February 4, 2013

[PR@BSSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT.ee AA HW Rw Dom

pee Pp Y NB Re NR De Be Re ee ee
oN KR A eR Re NM HF Se em UAH eK S

The Motion for Determination of Good Faith Setilernent (the “Motion”) by Defendants
CULLINANE CONSTRUCTION, AL NORMAN MECHANICAL, INC. and ASPEN INSURANCE
UK, LTD., as interventor and on behalf of all contractors and subcontractors named under the
operative rolling wrap-up general liability insurance coverage, Policy No.: EWFMS0107 came on
regularly for hearing on January 2, 2013 at 9:30 a.m. in Department 302 of the above-captioned court.
Appearances were noted on the record.

For good cause appearing, the Motion is GRANTED.

NOW, THEREFORE, iT IS ORDERED that the settlement described in said Motion was
made and entered into in good faith between the parties to the agreement, within the meaning and
effect of California Code of Civil Procedure §§877 and 877.6.

IT IS FURTHER ORDERED that the all cross-complaints for contribution, indemnity,
equitable comparative contribution, partial or comparative indemnity, comparative negligence,
comparative fault, total equitable indemmity or otherwise against all contractors and subcontractors
enrolled under the operative Owner Controlled Insurance Program Policy, Policy No.: EWFMS0107
(the “SETTLED INSUREDS”), are hereby dismissed, and that any further claims for contribution,
indemnity, equitable comparative contribution, partial or comparative indémnity, comparative
negligence, comparative fault, total equitable indemnity ot otherwise based upon comparative fault for
work performed at 973 Market Street, San Francisco, California by any of the SETTLED INSUREDS
are hereby barred in the instant action.

SETTLED INSUREDS specifically include,

a. Defendant, CULLINANE CONSTRUCTION;

b. Defendant, AL NORMAN MECHANICAL, INC; _ .

c Defendant, MICHAEL MURRAY;

da Connolly Heating;

e. Five Star Painting, Inc.;

f MC Plastering Co., Inc.;

Mid Market Development Co., Inc.;
NRG Energy Center San Francisco;

4822-6852-4816,1 2

[PR@POSER] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENTnA ® YW NH

i. Otis Elevator Company;

je San Francisco Fire Protection, Inc.;

k. Skyline Partners, Inc.;

L Killarney Construction Co., Inc;

m. 973 Market Associates, LLC;

n. Access Scaffolding:

oO. Centrix Builders, Inc;

973 Market Street LLC Development Corp.;

ey

973 Market Street LLC; and

7

Commercial Construction and Improvements.
IT IS FURTHER ORDERED within seven days of receipt of the settlement payment,
PLAINTIEF shall dismiss, with prejudice, PLAINTIFF’s claims against any SETTLED INSUREDS

named in the Action.

DATED. BY
JUDGE OF THE SUPERIOR COURT

Jarnnnnry 2 af Ww,
WARLA J. MILLER

4822-6852-4816.1

3
[PR@BSSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT