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SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
Physical Address: Mailing Address:
10820 Justice Center Drive PO Box 619072
Roseville, CA 95678 Roseville, CA 95661
10/27/2020
Patrick Markham
8950 Cal Center Drive Suite 210
Sacramento CA 95826
Re: Penna, Cynthia Della vs. Peters, David S-CV-0042451
DOCUMENT:
O Complaint/Petition/Cross-Complaint/Amended O Answer/Responsive
O Default ONotice of Deposit of Jury Fees
0 Motion/OSC/Demurrer O Proof of Service
O Judgment/Order O Request for Dismissal
O Request for Trial Setting (UD) O Notice of Entry of Dismissal
O Abstract/Writ O Substitution of Attorney
O Notice of Unavailability of Counsel & Other: Proposed Order on Motion
O Check # for $ for Good Faith Settlement
YOUR PAPERS WERE NOT FILED; REASONS FOR REJECTION:
ONo filing fee/incorrect filing fee was tendered. The correct filing fee is $C per person.
O Proof of service must include a cover page with the case name, case number and name of the
party filing the proof of service.
O Incorrect case number listed
ONo case number listed.
O Papers were submitted to the wrong county.
ONo signature on papers.
ONo original signature on papers and papers are not marked as filed by facsimile or electronic
filing.
O Conformed copy of Request for Entry of Dismissal must be attached to Notice of Entry of
Dismissal.
O Your papers do not comply with CRC §3.250.
O First pages of papers must include all the information required by CRC §2.111(1), including
the name, address, bar number (if applicable), telephone number, and fax number and email
address (if available) of the attorney or party presenting the papers.
O Your papers are not in proper filing format . CRC §2.118(a) and §2.100-2.117.O Per Local Rule 10.9s, when submitting a Writ of Execution or Abstract of Judgment, a copy of
the Judgment must be submitted.
0 Must answer as named in complaint/cross-complaint
O Your name and/or law office does not appear as the Attorney of Record.
O Per CRC §3.250(a)(21) Notice of Deposit of Jury Fees are not to be filed with the Court.
O Notices of Unavailability (AKA Tenderloin Notices) for civil filing are no longer accepted.
Carl v. Superior Court (Coast Community College Dist.) (2007) 157 Cal. App. 4" 73.
& OTHER: Proposed order states the tentative ruling is attached, and incorporated. The tentative
ruling is not attached. Please review and resubmit
0 Documents were placed in pick-up basket at the Historic Courthouse as no envelope was
provided (Local Rule 10.9(N).
O Documents were placed in pick-up basket at the Gibson Courthouse as no envelope was
provided (Local Rule 10.9(N).
O Documents were placed in pick-up basket at the Tahoe Courthouse as no envelope was
provided (Local Rule 10.9(N).
O You may wish to obtain information from the law library or from an attorney or other
professional.
Jake Chatters,
Clerk of the Superior Court
Ww
O. Lucatuorto, Deputy ClerkElectronically Received 09/15/2020 01:27
27
28
veobson Marichamn
mento, California
Patrick T. Markham, Esq. - SBN 114542
JACOBSON MARKHAM, L.L.P.
8950 Cal Center Drive, Suite 210
Sacramento, CA 95826
Tel: (916) 854-5969
Fax: (916) 854-5965
ptmarkham@jacobsonmarkham.com
Attorneys for Defendant, PAUL FREESE dba
PAUL FREESE CONSTRUCTION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
CYNTHIA DELLA PENNA, an Case No: SCV0042451
individual,
Plaintiff, [PROPOSED] ORDER GRANTING
MOTION FOR DETERMINATION OF
v. GOOD FAITH SETTLEMENT
DAVID PETER; CINDY PETERS; DATE: October 9, 2020
PAUL FREESE, individually and doing TIME: 8:30 a.m.
business as PAUL FREESE DEPT: 3
CONSTRUCTION: ANDERSON ACTION FILED: February 1, 2019
WINDOWS, INC.; and DOES 1 through
300,
Defendant.
The motion by defendant Paul Freese dba Paul Freese Construction (Freese) for an order
finding the settlement with the plaintiff in good faith pursuant to Code of Civil Procedure Section
877.6 came on for hearing in department 3 of this court on October 9, 2020 at 8:30 AM.
After full consideration of the evidence and the written submissions by the parties, the court
issued a tentative ruling. The tentative ruling was made available for all parties to review before the
hearing. [The parties waived oral argument.] or [On October 9, 2020 at 8:30 AM in this court, the
matter was heard with all parties present at which time all parties were permitted to make oral
eis
|PROPOSED| ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH27
28
scobson Markham
mento, California
argument.) After the hearing and full consideration of all written and oral submissions, the court
adopts its tentative ruling as the ruling of the court. A copy of the court’s tentative ruling is
attached to this order and incorporated herein by this reference.
The court finds that the settlement between Plaintiff and Defendant Freese is in good faith as
that term is defined in Code of Civil Procedure Section 877.6. This determination is based on the
facts and evidence presented by the moving party.
THEREFORE, IT IS ORDERED that the motion for determination of good faith settlement
by Freese is granted, and the court finds the settlement between Plaintiff and Freese is in good faith
pursuant to Code of Civil Procedure Section 877.6. The court orders the Andersen Windows cross-
complaint against Freese be dismissed, and all future cross-complaints arising from this action for
equitable indemnity or contribution are barred pursuant to Code of Civil Procedure Section 877.6 (c).
Judge of the Superior Court
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[PROPOSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH28
veobson Markham
mento, California
Case: Cynthia Della Penna v. Paul Freese Construction, et al.
Court: Placer County Superior Court
Case No: SCV0042451
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
1 am employed in the County of Sacramento. I am over the age of eighteen years and not a party to the within
entitled action; my business address is Jacobson Markham, L.L.P. 8950 Cal Center Drive, Ste. 210, Sacramento, CA
95826.
On September 15, 2020, I served a copy of the following document(s) described below, on the interested
party(ies) in this action as follows:
¢ [PROPOSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH
SETTLEMENT
David E. Frank, Esq. Tel: (530) 887-8585 Attorneys for Plaintiff
Jordan W. Mauer, Esq. Fax: (530) 887-8586 Cynthia Della Penna
FRANK LAW GROUP P.C. Jwmaurer@franklawgroup.com
1517 Lincoln Way, Courthouse Plaza
Aubum, CA 95603
Lance D. Wilson, Esq. Tel: (415) 617-2400 Attorney for Defendants
Ronald Tran, Esq. Lance. Wilson@tuckerellis.com | Andersen Windows, Inc.
Tucker Ellis LLP
201 Mission Street, Suite 2310
San Francisco, CA 94105-1831
John Downing, Esq. Tel: (530) 582-9182 Attorney for Defendants
DOWNING LAW OFFICES john@downinglaw.com David and Cindy Peters
10069 West River Street, Suite 6C
Truckee, CA 96161
Derek S, Johnson Tel: (415) 781-7072 Attorneys for Cross-Defendant
WFBM, LLP Fax: (415)391-6258 Prato Real Estate, Inc.
601 Montgomery Street, Ninth Floor djohnson@wfbm.com
San Francisco, CA 94111-2612
Q BY MAIL: By placing a true copy thereof enclosed in a sealed envelope(s) addressed as above, and placing each for
collection and mailing on that date following ordinary business practices. I am “readily familiar” with this business’
practice for collection and processing correspondence for mailing. On the same day, that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in
Sacramento, California in a sealed envelope with postage fully prepaid.
O BY FEDEX: I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier
(FedEx) and addressed as above. I placed the envelope or package for collection and overnight delivery at an office
or a regularly utilized drop box of the overnight delivery carrier.
Q BY FACSIMILE: Based on an agreement of the parties to accept service by fax transmission, I faxed the
document(s) to the person(s) at the fax number(s) listed above. The telephone number of the sending facsimile
machine was [916-854-5965]. The sending facsimile machine issued a transmission report confirming that the
transmission was complete and without error. A copy of that report is attached.
{© BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order (Emergency Rule No. 12) or an
agreement of the parties to accept service by email or electronic transmission, I caused the document(s) to be sent
1
PROOF OF SERVICE28
acobson Markham
mento. California
from [{ptmarkham@jacobsonmarkham.com; dperez@jacobsonmarkham.com;] to the person(s) at the e-mail
address(es) listed above.
STATE: I declare under penalty of perjury under the laws of the state of California that the foregoing is true and
correct.
FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at whose direction the
service was made. I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on September 15, 2020, at Sacramento, California.
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POOL Pesed
PROOF OF SERVICE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER Physical Address: Mailing Address: 10820 Justice Center Drive PO Box 619072 Roseville, CA 95678 Roseville, CA 95661 10/27/2020 Patrick Markham 8950 Cal Center Drive Suite 210 Sacramento CA 95826 Re: Penna, Cynthia Della vs. Peters, David S-CV-0042451 DOCUMENT: O Complaint/Petition/Cross-Complaint/Amended O Answer/Responsive O Default ONotice of Deposit of Jury Fees 0 Motion/OSC/Demurrer O Proof of Service O Judgment/Order O Request for Dismissal O Request for Trial Setting (UD) O Notice of Entry of Dismissal O Abstract/Writ O Substitution of Attorney O Notice of Unavailability of Counsel & Other: Proposed Order on Motion O Check # for $ for Good Faith Settlement YOUR PAPERS WERE NOT FILED; REASONS FOR REJECTION: ONo filing fee/incorrect filing fee was tendered. The correct filing fee is $C per person. O Proof of service must include a cover page with the case name, case number and name of the party filing the proof of service. O Incorrect case number listed ONo case number listed. O Papers were submitted to the wrong county. ONo signature on papers. ONo original signature on papers and papers are not marked as filed by facsimile or electronic filing. O Conformed copy of Request for Entry of Dismissal must be attached to Notice of Entry of Dismissal. O Your papers do not comply with CRC §3.250. O First pages of papers must include all the information required by CRC §2.111(1), including the name, address, bar number (if applicable), telephone number, and fax number and email address (if available) of the attorney or party presenting the papers. O Your papers are not in proper filing format . CRC §2.118(a) and §2.100-2.117.O Per Local Rule 10.9s, when submitting a Writ of Execution or Abstract of Judgment, a copy of the Judgment must be submitted. 0 Must answer as named in complaint/cross-complaint O Your name and/or law office does not appear as the Attorney of Record. O Per CRC §3.250(a)(21) Notice of Deposit of Jury Fees are not to be filed with the Court. O Notices of Unavailability (AKA Tenderloin Notices) for civil filing are no longer accepted. Carl v. Superior Court (Coast Community College Dist.) (2007) 157 Cal. App. 4" 73. & OTHER: Proposed order states the tentative ruling is attached, and incorporated. The tentative ruling is not attached. Please review and resubmit 0 Documents were placed in pick-up basket at the Historic Courthouse as no envelope was provided (Local Rule 10.9(N). O Documents were placed in pick-up basket at the Gibson Courthouse as no envelope was provided (Local Rule 10.9(N). O Documents were placed in pick-up basket at the Tahoe Courthouse as no envelope was provided (Local Rule 10.9(N). O You may wish to obtain information from the law library or from an attorney or other professional. Jake Chatters, Clerk of the Superior Court Ww O. Lucatuorto, Deputy ClerkElectronically Received 09/15/2020 01:27 27 28 veobson Marichamn mento, California Patrick T. Markham, Esq. - SBN 114542 JACOBSON MARKHAM, L.L.P. 8950 Cal Center Drive, Suite 210 Sacramento, CA 95826 Tel: (916) 854-5969 Fax: (916) 854-5965 ptmarkham@jacobsonmarkham.com Attorneys for Defendant, PAUL FREESE dba PAUL FREESE CONSTRUCTION SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER CYNTHIA DELLA PENNA, an Case No: SCV0042451 individual, Plaintiff, [PROPOSED] ORDER GRANTING MOTION FOR DETERMINATION OF v. GOOD FAITH SETTLEMENT DAVID PETER; CINDY PETERS; DATE: October 9, 2020 PAUL FREESE, individually and doing TIME: 8:30 a.m. business as PAUL FREESE DEPT: 3 CONSTRUCTION: ANDERSON ACTION FILED: February 1, 2019 WINDOWS, INC.; and DOES 1 through 300, Defendant. The motion by defendant Paul Freese dba Paul Freese Construction (Freese) for an order finding the settlement with the plaintiff in good faith pursuant to Code of Civil Procedure Section 877.6 came on for hearing in department 3 of this court on October 9, 2020 at 8:30 AM. After full consideration of the evidence and the written submissions by the parties, the court issued a tentative ruling. The tentative ruling was made available for all parties to review before the hearing. [The parties waived oral argument.] or [On October 9, 2020 at 8:30 AM in this court, the matter was heard with all parties present at which time all parties were permitted to make oral eis |PROPOSED| ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH27 28 scobson Markham mento, California argument.) After the hearing and full consideration of all written and oral submissions, the court adopts its tentative ruling as the ruling of the court. A copy of the court’s tentative ruling is attached to this order and incorporated herein by this reference. The court finds that the settlement between Plaintiff and Defendant Freese is in good faith as that term is defined in Code of Civil Procedure Section 877.6. This determination is based on the facts and evidence presented by the moving party. THEREFORE, IT IS ORDERED that the motion for determination of good faith settlement by Freese is granted, and the court finds the settlement between Plaintiff and Freese is in good faith pursuant to Code of Civil Procedure Section 877.6. The court orders the Andersen Windows cross- complaint against Freese be dismissed, and all future cross-complaints arising from this action for equitable indemnity or contribution are barred pursuant to Code of Civil Procedure Section 877.6 (c). Judge of the Superior Court -2- [PROPOSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH28 veobson Markham mento, California Case: Cynthia Della Penna v. Paul Freese Construction, et al. Court: Placer County Superior Court Case No: SCV0042451 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 1 am employed in the County of Sacramento. I am over the age of eighteen years and not a party to the within entitled action; my business address is Jacobson Markham, L.L.P. 8950 Cal Center Drive, Ste. 210, Sacramento, CA 95826. On September 15, 2020, I served a copy of the following document(s) described below, on the interested party(ies) in this action as follows: ¢ [PROPOSED] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT David E. Frank, Esq. Tel: (530) 887-8585 Attorneys for Plaintiff Jordan W. Mauer, Esq. Fax: (530) 887-8586 Cynthia Della Penna FRANK LAW GROUP P.C. Jwmaurer@franklawgroup.com 1517 Lincoln Way, Courthouse Plaza Aubum, CA 95603 Lance D. Wilson, Esq. Tel: (415) 617-2400 Attorney for Defendants Ronald Tran, Esq. Lance. Wilson@tuckerellis.com | Andersen Windows, Inc. Tucker Ellis LLP 201 Mission Street, Suite 2310 San Francisco, CA 94105-1831 John Downing, Esq. Tel: (530) 582-9182 Attorney for Defendants DOWNING LAW OFFICES john@downinglaw.com David and Cindy Peters 10069 West River Street, Suite 6C Truckee, CA 96161 Derek S, Johnson Tel: (415) 781-7072 Attorneys for Cross-Defendant WFBM, LLP Fax: (415)391-6258 Prato Real Estate, Inc. 601 Montgomery Street, Ninth Floor djohnson@wfbm.com San Francisco, CA 94111-2612 Q BY MAIL: By placing a true copy thereof enclosed in a sealed envelope(s) addressed as above, and placing each for collection and mailing on that date following ordinary business practices. I am “readily familiar” with this business’ practice for collection and processing correspondence for mailing. On the same day, that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in Sacramento, California in a sealed envelope with postage fully prepaid. O BY FEDEX: I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier (FedEx) and addressed as above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. Q BY FACSIMILE: Based on an agreement of the parties to accept service by fax transmission, I faxed the document(s) to the person(s) at the fax number(s) listed above. The telephone number of the sending facsimile machine was [916-854-5965]. The sending facsimile machine issued a transmission report confirming that the transmission was complete and without error. A copy of that report is attached. {© BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order (Emergency Rule No. 12) or an agreement of the parties to accept service by email or electronic transmission, I caused the document(s) to be sent 1 PROOF OF SERVICE28 acobson Markham mento. California from [{ptmarkham@jacobsonmarkham.com; dperez@jacobsonmarkham.com;] to the person(s) at the e-mail address(es) listed above. STATE: I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 15, 2020, at Sacramento, California. -2- POOL Pesed PROOF OF SERVICE