On December 13, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
C&T Welding, Inc Roe 2,
Glr Construction,
Greg Calac,
Richard Bushong Roofing,
Vincent Nicosia,
James Koenck,
Jean Koenck,
and
C&T Welding, Inc., Doe 78,
Gary Lee Russell, Doe 79,
Greg Cadillac,
Greg Calac,
Richard Bushong Roofing-Doe 80,
& Sheet Metal, Miller'S Heating, Air Conditioning,
Spraytech Systems Inc.,
Vincent Nicosia,
for civil
in the District Court of Placer County.
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Timothy C. Clemons, Esq. (SBN 78741)
Marshall K. Jaquish, Esq. (SBN 135634) FILED any
CLEMONS & JAQUISH SUPERIOOFUNTY PLACER
2237 Douglas Blvd., Suite 140
Roseville, CA 95661-4223 JUL 19 2018
Telephone: (916) 789-9383 ; acefeargens
Facsimile: (916) 789-9373 EXECUTIV ER & CLERK
By: E. Cavazos, Deputy
Attorneys for Defendant/Cross-Defendant/Cross-Complainant
GREG CALAC dba CADILLAC PLASTERING
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
10
JAMES A. KOENCK and JEAN L. Case No.: SCV0038288
GS
1] KOENCK,
aS
NOTICE OF MOTION AND MOTION
SS
12 FOR ORDER DETERMINING GOOD
Plaintiffs,
OS
FAITH SETTLEMENT BETWEEN
vs. PLAINTIFFS AND GREG CALAC dba
13
CADILLAC PLASTERING [C.C.P. § 877.6]
VINCENT NICOSIA dba NICOSIA
ee
14
CONSTRUCTION; SPRAYTECH Assigned for All Purposes
15 SYSTEMS, INC. dba S T S INC.; GREG Date: August 16, 2018
Time: 8:30 a.m.
CALAC dba GREG CALAC PLASTERING;
Dept: 32
16 and DOES 1 through 200, inclusive,
Complaint Filed: August 18, 2016
17 Defendants.
Trial Date: November 5, 2018
18
19 AND RELATED CROSS-ACTIONS
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21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22 NOTICE IS HEREBY GIVEN that on August 16, at 8:30 a.m., or as soon thereafter as the
23 matter may be heard, in Department 32 of the Placer County Superior Court, located at 10820 Justice
24 Center Drive, Roseville, California, Defendant/Cross-Defendant/Cross-Complainant GREG
25 CALAC dba CADILLAC PLASTERING (hereinafter “CADILLAC PLASTERING”), will, and
26 hereby does move this court, pursuant to Code of Civil Procedure §877.6(a)(1) and California Rules
27 of Court, Rule 3.1382, for an Order:
28
NoticeofMotionand MotionforOrderDeterminingGood Faith
Settlement
Between Plaintiffs
andGreg CalacdbaCadillac
Plastering
CaseNo. SCV0038288
(1) determining that the settlement reached between Plaintiffs, JAMES A. KOENCK and
JEAN L. KOENCK, and CADILLAC PLASTERING was made in good faith. More specifically,
that the settlement meets the standards for good faith set forth by the California Supreme Court in
Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, and was in good faith within
the meaning of Code of Civil Procedure §877, §877.6, and Cal. Rules of Court 3.1382;
(2) any and allpending and future claims by alleged tortfeasors or co-obli gors against
CADILLAC PLASTERING for equitable indemnity, equitable comparative contribution, or partial
or comparative indemnity, based on comparative negligence or comparative fault, are barred
pursuant to Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488; and
10
(3) determining that the settlement reached in good faith bars any further claims against
11
CADILLAC PLASTERING for equitable comparative contribution, or partial or comparative
12
indemnity, based on comparative negligence or comparative fault, all in accordance with Code of
13
Civil Procedure §877.6.(c).
14
Tentative Rulings for Law and Motion matters are available by 12:00 p.m. the court day prior
1S
to each regularly scheduled law and motion calendar. The tentative rulings will be the court's final
16
rulings unless notice of appearance and request for oral argument is given to allparties and the court
17
by 4:00 p.m. on the court day before the regularly scheduled law and motion calendar. Requests for
18
oral argument made via the internet will not be accepted. Requests for oral argument must be made
19
by calling (916) 408-6481. Prevailing parties are required to submit orders after hearing to the court
20
within 10 court days of the scheduled hearing date, and after approval as to form by opposing
21
counsel (Local Rule 20.2.5).
ips
This motion is based on this Notice of Motion and Motion Determining Good Faith
23
Settlement Between Plaintiffs and Greg Calac dba Cadillac Plastering; the accompanying
24
Memorandum of Points and Authorities in Support of Motion for Order Determining Good Faith
25
Settlement Between Plaintiffs and Greg Calac dba Cadillac Plastering ;the accompanying
26
Declaration of Timothy C. Clemons in Support of Motion for Order Determining Good Faith
27
2
28 NoticeofMotionand MotionforOrderDeterminingGood FaithSettlement
BetweenPlaintiffs
andGreg CalacdbaCadillacPlastering
CaseNo. SCV0038288
Settlement Between Plaintiffs and Greg Calac dba Cadillac Plastering, the court’s records and file
herein, and upon such evidence as may be presented at the hearing of this motion.
DATED: July 17, 2018 CLEMONS & JAQUISH
TIMOTHY C. CLEMONS
GREG CALAC dba CADILLAC PLASTERING
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28 NoticeofMotionand MotionforOrderDeterminingGood FaithSettlement
BetweenPlaintiffs
andGreg CalacdbaCadillacPlastering
CaseNo. SCV0038288
Document Filed Date
July 19, 2018
Case Filing Date
December 13, 2016
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Timothy C. Clemons, Esq. (SBN 78741) Marshall K. Jaquish, Esq. (SBN 135634) FILED any CLEMONS & JAQUISH SUPERIOOFUNTY PLACER 2237 Douglas Blvd., Suite 140 Roseville, CA 95661-4223 JUL 19 2018 Telephone: (916) 789-9383 ; acefeargens Facsimile: (916) 789-9373 EXECUTIV ER & CLERK By: E. Cavazos, Deputy Attorneys for Defendant/Cross-Defendant/Cross-Complainant GREG CALAC dba CADILLAC PLASTERING SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER 10 JAMES A. KOENCK and JEAN L. Case No.: SCV0038288 GS 1] KOENCK, aS NOTICE OF MOTION AND MOTION SS 12 FOR ORDER DETERMINING GOOD Plaintiffs, OS FAITH SETTLEMENT BETWEEN vs. PLAINTIFFS AND GREG CALAC dba 13 CADILLAC PLASTERING [C.C.P. § 877.6] VINCENT NICOSIA dba NICOSIA ee 14 CONSTRUCTION; SPRAYTECH Assigned for All Purposes 15 SYSTEMS, INC. dba S T S INC.; GREG Date: August 16, 2018 Time: 8:30 a.m. CALAC dba GREG CALAC PLASTERING; Dept: 32 16 and DOES 1 through 200, inclusive, Complaint Filed: August 18, 2016 17 Defendants. Trial Date: November 5, 2018 18 19 AND RELATED CROSS-ACTIONS 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 NOTICE IS HEREBY GIVEN that on August 16, at 8:30 a.m., or as soon thereafter as the 23 matter may be heard, in Department 32 of the Placer County Superior Court, located at 10820 Justice 24 Center Drive, Roseville, California, Defendant/Cross-Defendant/Cross-Complainant GREG 25 CALAC dba CADILLAC PLASTERING (hereinafter “CADILLAC PLASTERING”), will, and 26 hereby does move this court, pursuant to Code of Civil Procedure §877.6(a)(1) and California Rules 27 of Court, Rule 3.1382, for an Order: 28 NoticeofMotionand MotionforOrderDeterminingGood Faith Settlement Between Plaintiffs andGreg CalacdbaCadillac Plastering CaseNo. SCV0038288 (1) determining that the settlement reached between Plaintiffs, JAMES A. KOENCK and JEAN L. KOENCK, and CADILLAC PLASTERING was made in good faith. More specifically, that the settlement meets the standards for good faith set forth by the California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, and was in good faith within the meaning of Code of Civil Procedure §877, §877.6, and Cal. Rules of Court 3.1382; (2) any and allpending and future claims by alleged tortfeasors or co-obli gors against CADILLAC PLASTERING for equitable indemnity, equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, are barred pursuant to Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488; and 10 (3) determining that the settlement reached in good faith bars any further claims against 11 CADILLAC PLASTERING for equitable comparative contribution, or partial or comparative 12 indemnity, based on comparative negligence or comparative fault, all in accordance with Code of 13 Civil Procedure §877.6.(c). 14 Tentative Rulings for Law and Motion matters are available by 12:00 p.m. the court day prior 1S to each regularly scheduled law and motion calendar. The tentative rulings will be the court's final 16 rulings unless notice of appearance and request for oral argument is given to allparties and the court 17 by 4:00 p.m. on the court day before the regularly scheduled law and motion calendar. Requests for 18 oral argument made via the internet will not be accepted. Requests for oral argument must be made 19 by calling (916) 408-6481. Prevailing parties are required to submit orders after hearing to the court 20 within 10 court days of the scheduled hearing date, and after approval as to form by opposing 21 counsel (Local Rule 20.2.5). ips This motion is based on this Notice of Motion and Motion Determining Good Faith 23 Settlement Between Plaintiffs and Greg Calac dba Cadillac Plastering; the accompanying 24 Memorandum of Points and Authorities in Support of Motion for Order Determining Good Faith 25 Settlement Between Plaintiffs and Greg Calac dba Cadillac Plastering ;the accompanying 26 Declaration of Timothy C. Clemons in Support of Motion for Order Determining Good Faith 27 2 28 NoticeofMotionand MotionforOrderDeterminingGood FaithSettlement BetweenPlaintiffs andGreg CalacdbaCadillacPlastering CaseNo. SCV0038288 Settlement Between Plaintiffs and Greg Calac dba Cadillac Plastering, the court’s records and file herein, and upon such evidence as may be presented at the hearing of this motion. DATED: July 17, 2018 CLEMONS & JAQUISH TIMOTHY C. CLEMONS GREG CALAC dba CADILLAC PLASTERING 10 11 12 13 14 15 16 17 18 19 20 21 0) 23 24 25 26 27 2 28 NoticeofMotionand MotionforOrderDeterminingGood FaithSettlement BetweenPlaintiffs andGreg CalacdbaCadillacPlastering CaseNo. SCV0038288