Preview
Superior
LED
Court
Julie D. McElroy - 160542 County of Placer rma
Kurtis J. Anders - 269333 FEB 15 oF
JACOBSEN & McELROY PC FEB 19 2018
2401 American River Drive, Suite 100 Executne? Gijatters
Sacramento, CA 95825 By: S. Hubphrd,
beset
Tel. (916) 971-4100 ki vepay
Fax (916) 971-4150
Attorneys for Defendants/Cross-Complainants
QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
10
11 JANENE BAUHOFER and MICHAEL Case No.: SCV0039397
JOHNSON,
el
12 ACTION FILED: 04/28/17
eae
Plaintiffs, NOTICE OF ENTRY OF ORDER
a
13
DENYING OREGON SHEPHERD’S
ea
Vs.
14 MOTION FOR DETERMINATION OF
ee
‘ ih GOOD FAITH SETTLEMENT
15 QUINCY McCOURT, individually
ie
and dba McQUIN CONSTRUCTION
16
MANAGEMENT; OREGON SHEPHERD,
17 LLC dba OREGON SHEPHERD, an
Oregon Limited Liability
18 Company; and DOES 1 - 50,
Aa
inclusive,
Aa
19
OA
20 Defendants.
os
ws
21 AND RELATED CROSS-ACTIONS.
wee
22
23 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
24 NOTICE IS HEREBY GIVEN that on February 13, 2018, at the conclusion
25 of the hearing on OREGON SHEPHERD, LLC’s Motion for Determination of
26 Good Faith Settlement, the court affirmed its tentative ruling and
27 adopted its Minute Order as the order of the court. The court further
28 directed QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION
-l-
NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR DETERMINATION OF
GOOD FAITH SETTLEMENT
MANAGEMENT, to obtain a copy of the Minute Order and serve it on all
parties. In compliance with the court’s instruction, a copy of the order
is attached hereto.
DATED: February 13, 2018 JACOBSEN & McELROY PC
By: Ve a FZ coe
Kurtis J. Anders
Attorneys for Defendants/Cross-
Complainants
QUINCY McCOURT, individually and
dba McQUIN CONSTRUCTION MANAGEMENT
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NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR DETERMINATION OF
GOOD FAITH SETTLEMENT
CERTIFICATE OF SERVICE
I, Patricia Cranmer, declare:
I am a citizen of the United States, am over the age of eighteen
years, and am not a party to or interested in the within entitled case.
My business address is 2401 American River Drive, Suite 100,
Sacramento, California 95825.
On February 13, 2018, I served the following document(s) on the
parties in the within action:
NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR
DETERMINATION OF GOOD FAITH SETTLEMENT
10 BY MAIL: I am familiar with the business practice for collection
and processing of mail. The above-described document(s) will be
11 enclosed in a sealed envelope, with first class postage thereon fully
12 prepaid, and deposited with the United States Postal Service at
Sacramento, California on this date, addressed as follows:
13
Plaintiffs
14 Todd B. Gary
The Gary Law Firm
15 50 Oak Court, #100
Danville, CA 94526
Tel: (925) 831-1155
16 Fax: (925) 831-1188
17 Oregon Shepherd
J. Stephanie Krmpotic
18 Low, Ball & Lynch
505 Montgomery St., 7th Flr.
19 San Francisco, CA 94111
Tel: (415) 981-6630
20
Fax: (415) 982-1634
21 I declare under penalty of perjury under the laws of the State
of California that the foregoing is a true and correct statement and
22 that this Certificate was executed on bruary 13, 2018.
hon
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24
PATRICIA CRANMER
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NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR DETERMINATION OF
GOOD FAITH SETTLEMENT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
Date: February 13, 2018 Time: 8:30 AM
Judge: Michael Jacques Dept.: +M> \O oak
Reporter: Clerk: eEWyATeOR
. XO
Bauhofer, Janene, et alvs. McCourt, Quincy, et al Present
Todd Gary, ATP 3 appearing by phone
i Present
C1 And related Cross Action(s) Case # S-CV-0039397
Law and Motion Minutes Court rer
Proceedings RE: Motion: Good Faith Settlement - Daniel Pp. Feld haus 5
present.
(1 Dropped. U1 continued to Ody Plaintiff1] by Defendant
by Stipulation [by Court
Ja(matter argued and submitted.
Ci submitted on points and authorities without (] argument ODappearance.
(1 Motion/Petition granted. [] Motion/Petition denied.
CDemurrer [1]sustained [overruled [without [1]with leave to] amend [] answer.
1 counsel appointed for:
(1 Taken under submission.
(1 Debtor issworn and retired with counsel forexamination.
Oo Stipulation to DJudge Pro Tem [_]Commissioner executed in open court.
U1 Counsel for to prepare the written order and submit itto opposing counsel forapproval as
to content and form.
(other he. Court declines t make fuling yofout prejudiceat
requestae Curse Sun. The @art
Pine tentative ruling isadopted /
as the ruling ofthe court,to wit:
open to the pease?
is
Quincy McCourt’s objections to evidence are overruled. ein venewecl.
Oregon Shepherd, LLC’s Motion for Determination of Good Faith Settlement
is denied.
Minutes shall constitute order of te cours Counsel Andkers
Stall serve Copy on qll parties.
(NO 0 0 A
o ~
To determine whether a settlement is in “good faith” within the meaning
of Code of Civil Procedure section 877.6, the court examines whether the
settlement is within the “reasonable range” of the settling tortfeasor’s
share of liability for plaintiff's injuries, taking into consideration the
facts and circumstances of the particular case. Tech-Bilt, Inc. v. Woodward-
Clyde & Associates (1985) 38 Cal.3d 488, 499. The court considers several
factors, including a rough approximation of the plaintiff’s total recovery
and the settlor’s proportionate liability, the amount paid in settlement, a
recognition that a settlor should pay less in settlement than if found liable
after trial, the settlor’s financial condition and insurance policy limits,
if any, and any evidence of collusion, fraud or tortious conduct between the
settlor and the plaintiffs. Id. at 263-264. “The ultimate determinant of
good faith is whether the settlement is grossly disproportionate to what a
reasonable person at the time of settlement would estimate the settlor’s
liability to be.” City of Grand Terrace v. Superior Court (1987) 192
Cal.App.3d 1251, 1262. To than end, admissible evidence regarding the nature
and extent of the settling defendant's liability is required. Mattco Forge,
Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1348.
Oregon Shepherd, LLC’s motion is supported by the Declaration of
W. Sun. Ms. Sun sets forth certain background facts about this
Christina
case, and the settlement terms between plaintiffs and Oregon Shepherd, LLC.
other evidence has been submitted sufficient to permit the court
However, no
to determine that the settlement is within the reasonable range of the
settling party’s proportionate share of liability. While Oregon Shepherd,
certain factual assertions in its moving papers and reply brief,
LLC makes
these assertions are not supported by admissible evidence.
ao e
Based on the foregoing, the Motion for Determination of Good Faith
Settlement is denied
Preview
Superior LED Court Julie D. McElroy - 160542 County of Placer rma Kurtis J. Anders - 269333 FEB 15 oF JACOBSEN & McELROY PC FEB 19 2018 2401 American River Drive, Suite 100 Executne? Gijatters Sacramento, CA 95825 By: S. Hubphrd, beset Tel. (916) 971-4100 ki vepay Fax (916) 971-4150 Attorneys for Defendants/Cross-Complainants QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER 10 11 JANENE BAUHOFER and MICHAEL Case No.: SCV0039397 JOHNSON, el 12 ACTION FILED: 04/28/17 eae Plaintiffs, NOTICE OF ENTRY OF ORDER a 13 DENYING OREGON SHEPHERD’S ea Vs. 14 MOTION FOR DETERMINATION OF ee ‘ ih GOOD FAITH SETTLEMENT 15 QUINCY McCOURT, individually ie and dba McQUIN CONSTRUCTION 16 MANAGEMENT; OREGON SHEPHERD, 17 LLC dba OREGON SHEPHERD, an Oregon Limited Liability 18 Company; and DOES 1 - 50, Aa inclusive, Aa 19 OA 20 Defendants. os ws 21 AND RELATED CROSS-ACTIONS. wee 22 23 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 24 NOTICE IS HEREBY GIVEN that on February 13, 2018, at the conclusion 25 of the hearing on OREGON SHEPHERD, LLC’s Motion for Determination of 26 Good Faith Settlement, the court affirmed its tentative ruling and 27 adopted its Minute Order as the order of the court. The court further 28 directed QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION -l- NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT MANAGEMENT, to obtain a copy of the Minute Order and serve it on all parties. In compliance with the court’s instruction, a copy of the order is attached hereto. DATED: February 13, 2018 JACOBSEN & McELROY PC By: Ve a FZ coe Kurtis J. Anders Attorneys for Defendants/Cross- Complainants QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT CERTIFICATE OF SERVICE I, Patricia Cranmer, declare: I am a citizen of the United States, am over the age of eighteen years, and am not a party to or interested in the within entitled case. My business address is 2401 American River Drive, Suite 100, Sacramento, California 95825. On February 13, 2018, I served the following document(s) on the parties in the within action: NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT 10 BY MAIL: I am familiar with the business practice for collection and processing of mail. The above-described document(s) will be 11 enclosed in a sealed envelope, with first class postage thereon fully 12 prepaid, and deposited with the United States Postal Service at Sacramento, California on this date, addressed as follows: 13 Plaintiffs 14 Todd B. Gary The Gary Law Firm 15 50 Oak Court, #100 Danville, CA 94526 Tel: (925) 831-1155 16 Fax: (925) 831-1188 17 Oregon Shepherd J. Stephanie Krmpotic 18 Low, Ball & Lynch 505 Montgomery St., 7th Flr. 19 San Francisco, CA 94111 Tel: (415) 981-6630 20 Fax: (415) 982-1634 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is a true and correct statement and 22 that this Certificate was executed on bruary 13, 2018. hon 23 24 PATRICIA CRANMER 25 26 27 28 -3- NOTICE OF ENTRY OF ORDER DENYING OREGON SHEPHERD’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Date: February 13, 2018 Time: 8:30 AM Judge: Michael Jacques Dept.: +M> \O oak Reporter: Clerk: eEWyATeOR . XO Bauhofer, Janene, et alvs. McCourt, Quincy, et al Present Todd Gary, ATP 3 appearing by phone i Present C1 And related Cross Action(s) Case # S-CV-0039397 Law and Motion Minutes Court rer Proceedings RE: Motion: Good Faith Settlement - Daniel Pp. Feld haus 5 present. (1 Dropped. U1 continued to Ody Plaintiff1] by Defendant by Stipulation [by Court Ja(matter argued and submitted. Ci submitted on points and authorities without (] argument ODappearance. (1 Motion/Petition granted. [] Motion/Petition denied. CDemurrer [1]sustained [overruled [without [1]with leave to] amend [] answer. 1 counsel appointed for: (1 Taken under submission. (1 Debtor issworn and retired with counsel forexamination. Oo Stipulation to DJudge Pro Tem [_]Commissioner executed in open court. U1 Counsel for to prepare the written order and submit itto opposing counsel forapproval as to content and form. (other he. Court declines t make fuling yofout prejudiceat requestae Curse Sun. The @art Pine tentative ruling isadopted / as the ruling ofthe court,to wit: open to the pease? is Quincy McCourt’s objections to evidence are overruled. ein venewecl. Oregon Shepherd, LLC’s Motion for Determination of Good Faith Settlement is denied. Minutes shall constitute order of te cours Counsel Andkers Stall serve Copy on qll parties. (NO 0 0 A o ~ To determine whether a settlement is in “good faith” within the meaning of Code of Civil Procedure section 877.6, the court examines whether the settlement is within the “reasonable range” of the settling tortfeasor’s share of liability for plaintiff's injuries, taking into consideration the facts and circumstances of the particular case. Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488, 499. The court considers several factors, including a rough approximation of the plaintiff’s total recovery and the settlor’s proportionate liability, the amount paid in settlement, a recognition that a settlor should pay less in settlement than if found liable after trial, the settlor’s financial condition and insurance policy limits, if any, and any evidence of collusion, fraud or tortious conduct between the settlor and the plaintiffs. Id. at 263-264. “The ultimate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor’s liability to be.” City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1262. To than end, admissible evidence regarding the nature and extent of the settling defendant's liability is required. Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1348. Oregon Shepherd, LLC’s motion is supported by the Declaration of W. Sun. Ms. Sun sets forth certain background facts about this Christina case, and the settlement terms between plaintiffs and Oregon Shepherd, LLC. other evidence has been submitted sufficient to permit the court However, no to determine that the settlement is within the reasonable range of the settling party’s proportionate share of liability. While Oregon Shepherd, certain factual assertions in its moving papers and reply brief, LLC makes these assertions are not supported by admissible evidence. ao e Based on the foregoing, the Motion for Determination of Good Faith Settlement is denied