On April 28, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Desomma, Leonard B.,
Pozzo, Margaret M.,
and
Campos Epc, Llc,
Doe 5,
Does 1-50,
Does 1 To 50, Inclusive,
Does 1 To 9,
Mountain F. Enterprises, Inc.,
Pacific Gas And Electric Company,
Richins, Cory,
The Davey Tree Expert Company,
Underground Construction Co, Inc,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
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Q31 m
ROBERT M. BLUM (State Bar No. 83302)
ALDO E.
NIXON
IBARRA (State Bar No. 268585)
PEABODY LLP
One Embarcadero Center, 18th Floor
FILED
SAN MATEO COUNTY
San Francisco, CA 941 l 1—3600
Tel: 415-984—8200 JUL 1,3 2018
Fax: 415-984—8300
rblum@nixonpeabody.com
aibarra@nixonpeabody.com
Attorneys for Defendant
_THE DAVESL TREE EXPERT COMPANY
CIV538389
MOTDGFS
etilemi
Motion for Determination of Good Eaitlr
l
SUPERIOR COURT OF THE STATE OF CALIFORNIA
lllllllllllllll
.1 illlilllllll
T 0"» COUNTY OF SAN MATEO
11
E 12
LEONARD
MARGARET
B. DESOMMA, an individual, and
M. POZZO, an individual,
Case No. CIV53 8389
DEFENDANT THE DAVEY TREE
13 Plaintiffs, EXPERT COMPANY’S NOTICE OF
MOTION FOR APPROVAL OF GOOD
14 VS. FAITH SETTLEMENT
15 PACIFIC GAS & ELECTRIC COMPANY; Date: August ”,7 2018
and Does 1 - 50, inclusive, Time. 9:00 a. m ’9‘"
16 Dept: Law and Motion Dept.
Defendants.
17
Complaint filed: April 28, 2016
18 FAC filed: February 6, 2018
SAC filed: April 4, 2018
19 Trial Date: November 19, 201 8
20
41‘ 21
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
22
PLEASE NOTICE THAT on August 1.992018, at 9:00 am, or as soon thereafter as the
23
matter may be heard, in the Law and Motion Department of the above—entitled Court, located at
24
400 County Center, Redwood City, California, 94063, defendant The Davey Tree Expert
25
Company (“Davey”) will move, pursuant to Code of Civil Procedure § 877.6(a)(1), for an order
26
determining that its settlement with plaintiffs Leonard B. DeSomma and Margaret M. Pozzo
27
(collectively “Plaintiffs”) is in good faith as to all of Plaintiffs’ allegations and claims against
28
DEFENDANT THE DAVEY TREE EXPERT COMPANY‘S NOTICE OF MOTION FOR APPROVAL OF GOOD FAITH SETTLEMENT;
Case No. CIV538389
Davey as set forth in Plaintiffs’ Complaint; barring any claims against Davey for contribution
from any other tortfeasors claimed to be liable for the same torts or acts on which this action is
based or any co-obligors mutually subject to contribution rights under Code of Civil Procedure
section 877(b); and barring any joint tortfeasors or co-obligors from asserting any claims against
Davey for equitable comparative contribution, partial indemnity, comparative indemnity, or other
action based on comparative negligence or comparative fault under Code of Civil Procedure
section 877.6(c).
Defendant Davey and Plaintiffs have agreed to settle their dispute pursuant to the terms of
a settlement agreement and mutual release. The settlement agreement represents the reasonably
10 proportionate amount of Davey’s alleged liability, is not the product of collusion among the
11 parties, and meets all of the legal standards for a good faith settlement. Accordingly, this Court
12 should determine the settlement to be in good faith.
13 At the time of the contract and the work that is the subject of this action, Davey Resource
14 Group,‘which was the contracting party, was a division of The Davey Tree Expert Company.
15 Subsequent to the contract and work at issue, Davey Resource Group became a subsidiary of The
16 Davey Tree Expert Company. No other Davey-affiliated entities were involved with the subject
17 matter of this action. This settlement with Plaintiffs is made by The Davey Tree Expert Company
18 and all of its subsidiaries and affiliated companies.
19 This motion is based on this Notice of Motion for Approval of Good Faith Settlement,
20 Memorandum of Points and Authorities: and Declaration of Robert M. Blum and exhibits
21 attached thereto, the pleadings and papers on file in this action, the arguments of counsel, and any
22 testimony and evidence presented at the hearing of this motion.
23
24 DATED: July 13, 2018 NIXON PEABO LP
25
By:
26
ert M. ETum
27 Aldo E. lbarra
Attorneys for Defendant THE DAVEY
28 TREE EXPERT COMPANY
-2-
DEFENDANT THE DAVEY TREE EXPERT COMPANY'S NOTICE OF MOTION FOR APPROVAL OF GOOD FAITH SETTLEMENT;
Case No. CIV53 8389
Document Filed Date
July 13, 2018
Case Filing Date
April 28, 2016
Category
(26) Unlimited Other Real Property
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" Q31 m ROBERT M. BLUM (State Bar No. 83302) ALDO E. NIXON IBARRA (State Bar No. 268585) PEABODY LLP One Embarcadero Center, 18th Floor FILED SAN MATEO COUNTY San Francisco, CA 941 l 1—3600 Tel: 415-984—8200 JUL 1,3 2018 Fax: 415-984—8300 rblum@nixonpeabody.com aibarra@nixonpeabody.com Attorneys for Defendant _THE DAVESL TREE EXPERT COMPANY CIV538389 MOTDGFS etilemi Motion for Determination of Good Eaitlr l SUPERIOR COURT OF THE STATE OF CALIFORNIA lllllllllllllll .1 illlilllllll T 0"» COUNTY OF SAN MATEO 11 E 12 LEONARD MARGARET B. DESOMMA, an individual, and M. POZZO, an individual, Case No. CIV53 8389 DEFENDANT THE DAVEY TREE 13 Plaintiffs, EXPERT COMPANY’S NOTICE OF MOTION FOR APPROVAL OF GOOD 14 VS. FAITH SETTLEMENT 15 PACIFIC GAS & ELECTRIC COMPANY; Date: August ”,7 2018 and Does 1 - 50, inclusive, Time. 9:00 a. m ’9‘" 16 Dept: Law and Motion Dept. Defendants. 17 Complaint filed: April 28, 2016 18 FAC filed: February 6, 2018 SAC filed: April 4, 2018 19 Trial Date: November 19, 201 8 20 41‘ 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 22 PLEASE NOTICE THAT on August 1.992018, at 9:00 am, or as soon thereafter as the 23 matter may be heard, in the Law and Motion Department of the above—entitled Court, located at 24 400 County Center, Redwood City, California, 94063, defendant The Davey Tree Expert 25 Company (“Davey”) will move, pursuant to Code of Civil Procedure § 877.6(a)(1), for an order 26 determining that its settlement with plaintiffs Leonard B. DeSomma and Margaret M. Pozzo 27 (collectively “Plaintiffs”) is in good faith as to all of Plaintiffs’ allegations and claims against 28 DEFENDANT THE DAVEY TREE EXPERT COMPANY‘S NOTICE OF MOTION FOR APPROVAL OF GOOD FAITH SETTLEMENT; Case No. CIV538389 Davey as set forth in Plaintiffs’ Complaint; barring any claims against Davey for contribution from any other tortfeasors claimed to be liable for the same torts or acts on which this action is based or any co-obligors mutually subject to contribution rights under Code of Civil Procedure section 877(b); and barring any joint tortfeasors or co-obligors from asserting any claims against Davey for equitable comparative contribution, partial indemnity, comparative indemnity, or other action based on comparative negligence or comparative fault under Code of Civil Procedure section 877.6(c). Defendant Davey and Plaintiffs have agreed to settle their dispute pursuant to the terms of a settlement agreement and mutual release. The settlement agreement represents the reasonably 10 proportionate amount of Davey’s alleged liability, is not the product of collusion among the 11 parties, and meets all of the legal standards for a good faith settlement. Accordingly, this Court 12 should determine the settlement to be in good faith. 13 At the time of the contract and the work that is the subject of this action, Davey Resource 14 Group,‘which was the contracting party, was a division of The Davey Tree Expert Company. 15 Subsequent to the contract and work at issue, Davey Resource Group became a subsidiary of The 16 Davey Tree Expert Company. No other Davey-affiliated entities were involved with the subject 17 matter of this action. This settlement with Plaintiffs is made by The Davey Tree Expert Company 18 and all of its subsidiaries and affiliated companies. 19 This motion is based on this Notice of Motion for Approval of Good Faith Settlement, 20 Memorandum of Points and Authorities: and Declaration of Robert M. Blum and exhibits 21 attached thereto, the pleadings and papers on file in this action, the arguments of counsel, and any 22 testimony and evidence presented at the hearing of this motion. 23 24 DATED: July 13, 2018 NIXON PEABO LP 25 By: 26 ert M. ETum 27 Aldo E. lbarra Attorneys for Defendant THE DAVEY 28 TREE EXPERT COMPANY -2- DEFENDANT THE DAVEY TREE EXPERT COMPANY'S NOTICE OF MOTION FOR APPROVAL OF GOOD FAITH SETTLEMENT; Case No. CIV53 8389