Preview
Superior Court of California
County of Kern
Bakersfield Department 11
Date: 02/10/2021 BCV-20-100678
BROWNHILL VS FCA US LLC
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
Court reporter: . None Bailiff: Deputy Sheriff
PARTIES: Present:
BROWNHILL, BARBARA Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall
BROWNHILL, PATRICIA ROSE Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall
BROWNHILL, ROBERT Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall
DESHAIES, SUZANNE Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall
MCCARTHY, NANCY Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall
FCA US LLC Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall
JEFFRIES, NICOLE Defendant, Not Present LARRIVEE, OLIVER J Attorney, Present via courtcall
JEFFRIES, NICOLE RENEE Defendant, Not Present LARRIVEE, OLIVER J Attorney, Present via courtcall
KNOOP, KEITH CHARLES Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall
TOYOTA MOTOR SALES, U.S.A, INC. Defendant, Not Present
TABAK, JORDAN S Attorney, Present via courtcall
JEFFRIES, NICOLE RENEE Cross Complainant, Not Present
LARRIVEE, OLIVER J Attorney, Present via courtcall
KNOOP, KEITH CHARLES Cross Complainant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall
FCA US LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall
FCA US, LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall
FCA US, LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall
FCA USA LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall
JEFFRIES, NICOLE Cross Defendant, Not Present LARRIVEE, OLIVER J Attorney, Present via courtcall
KNOOP, KEITH CHARLES Cross Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall
KNOOP, KEITH CHARLES Cross Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall
KNOOP, KEITH CHARLES Cross Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall
Not Present:
CLEMENS, SCOTT RANDALL Defendant SWEETIN, ROBERT W. Attorney
THOMPSON, PENELOPE BARNES Defendant DEMARIA, ANTHONY N Attorney
TOYOTA MOTOR CORPORATION Defendant
TOYOTA MOTOR ENGINEERING AND MANUFACTURING
NORTH AMERICA, INC. Defendant
TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC.
Defendant
TOYOTA SAN LUIS OPISPO Defendant
CLEMENS, SCOTT RANDALL Cross Complainant JAIME, MATTHEW C Attorney
THOMPSON, PENELOPE BARNES Cross Complainant DEMARIA, ANTHONY N Attorney
CLEMENS, SCOTT RANDALL Cross Defendant SWEETIN, ROBERT W. Attorney
CLEMENS, SCOTT RANDALL Cross Defendant
CLEMENS, SCOTT RANDALL Cross Defendant
JEFFERIES, NICOLE RENEE Cross Defendant
JEFFRIES, NICOLE RENEE Cross Defendant
THOMPSON, PENELOPE BARNES Cross Defendant
THOMPSON, PENELOPE BARNES Cross Defendant DEMARIA, ANTHONY N Attorney
THOMPSON, PENELOPE BARNSE Cross Defendant DEMARIA, ANTHONY N Attorney
TOYOTA MOTOR CORPORATION Cross Defendant
TOYOTA MOTOR CORPORATION Cross Defendant
TOYOTA MOTOR CORPORATION Cross Defendant
TOYOTA MOTOR CORPORATION Cross Defendant
TOYOTA MOTOR ENGINEERING AND MANUFACTURING
NORTH AMERICA, INC Cross Defendant
TOYOTA MOTOR ENGINEERING AND MANUFACTURING
NORTH AMERICA, INC. Cross Defendant
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BROWNHILL VS FCA US LLC BCV-20-100678
TOYOTA MOTOR ENGINEERING AND MANUFACTURING
NORTH AMERICA, INC. Cross Defendant
TOYOTA MOTOR ENGINERRING AND MANUFACTURING
NORTH AMERICA, INC Cross Defendant
TOYOTA MOTOR MANUFACTURING KENTUCKY, INC Cross
Defendant
TOYOTA MOTOR MANUFACTURING KENTUCKY, INC Cross
Defendant
TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. Cross
Defendant
TOYOTA MOTOR MANUFATURING KENTUCKY INC. Cross
Defendant
TOYOTA MOTOR SALES, U.S.A, INC Cross Defendant
TOYOTA MOTOR SALES, U.S.A. INC Cross Defendant
TOYOTA MOTOR SALES, U.S.A. INC. Cross Defendant
TOYOTA MOTOR SALES, USA., INC Cross Defendant
TOYOTA SAN LUIS OBISPO Cross Defendant
TOYOTA SAN LUIS OBISPO Cross Defendant
TOYOTA SAN LUIS OBISPO, FCA US, LLC Cross Defendant
TOYOTA SAN LUIS OPISPO Cross Defendant
Brian Chin appeared via courtcall on behalf of the defendant, Penelope Barnes Thompson. Moji Majekodumi appeared via
zoom on behalf of the defendant, Scott Randall Clemens.
NATURE OF PROCEEDINGS: DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.'S MOTION TO SEAL SETTLEMENT
AMOUNT; DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.'S MOTION FOR DETERMINATION OF GOOD FAITH
SETTLEMENT; AND DEFENDANT FCA US LLC'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
Hearing Start Time: 8:30 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Tentative announced in open court.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
I. Defendant Toyota Motor Sales, U.S.A., Inc.'s Motion to Seal Settlement Amount
The Court grants Defendant Toyota Motor Sales, U.S.A., Inc.'s unopposed Motion to Seal Settlement Amount and
finds as follows: 1) there exists an overriding interest that supports sealing the records and which overcomes the
right of the public to access these records, to wit, the parties' contractual agreement to maintain the
confidentiality of the settlement amount; 2) there is a substantial probability the Toyota Defendants and Plaintiffs
will be substantially prejudiced by making the settlement amount public; 3) the proposed sealing order is very
narrowly tailored because the Toyota Defendants are only requesting the Court seal the settlement amount, not
the settlement itself, or Plaintiffs' defect allegations directed at the Toyota Defendants; and, 4) no less restrictive
means exist to achieve the parties' overriding interests..
Defendant will prepare an order consistent with this ruling for the Court's signature and pursuant to California
Rules of Court, rule 3.1312.
II.Defendant Toyota Motor Sales, U.S.A., Inc.'s Motion for Determination of Good Faith Settlement
The Court grants Defendant Toyota Motor Sales, U.S.A., Inc.'s Motion for Determination of Good Faith Settlement.
The Court determines the Toyota Defendants' settlement with Plaintiffs to be in good faith within the meaning of
Code of Civil Procedure sections 877 and 877.6. The Court hereby dismisses all Cross-Complaints against Defendant
MINUTES
Page 2 of 4
BROWNHILL VS FCA US LLC BCV-20-100678
for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or
comparative fault.
Defendant will prepare an order consistent with this ruling for the Court's signature and pursuant to California
Rules of Court, rule 3.1312.
III.Defendant FCA US LLC's Motion for Determination of Good Faith Settlement
The Court grants Defendant FCA US LLC's Motion for Determination of Good Faith Settlement. The Court
determines Defendant's settlement with Plaintiffs to be in good faith within the meaning of Code of Civil
Procedure sections 877 and 877.6. The Court hereby dismisses all Cross-Complaints against Defendant for
equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or
comparative fault.
Defendant will prepare an order consistent with this ruling for the Court's signature and pursuant to California
Rules of Court, rule 3.1312.
Copy of minutes mailed to all parties as stated on the attached certificate of mailing.
- Audio streaming announced.
FUTURE HEARINGS:
March 17, 2021 8:30 AM Motion (Pre-Disposition)
Lampe, David R.
Bakersfield Department 11
March 04, 2022 9:00 AM Mandatory Settlement Conference
Bakersfield Department 1
Friedman - Retired, Gary T.
April 04, 2022 9:00 AM Jury Trial
Lampe, David R.
Bakersfield Department 11
April 04, 2022 9:00 AM Final Case Management Conference
Lampe, David R.
Bakersfield Department 11
MINUTES FINALIZED BY: VERONICA LANCASTER ON: FEBRUARY 11, 2021
MINUTES
Page 3 of 4
BROWNHILL VS FCA US LLC BCV-20-100678
BROWNHILL VS FCA US LLC
BCV-20-100678
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for
the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern,
and not a party to the within action, that I served the Minutes datedFebruary 10, 2021 attached hereto on all interested parties and
any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage
fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at
Bakersfield California addressed as indicated on the attached mailing list.
Date of Mailing: February 11, 2021
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: February 11, 2021
By: Veronica Lancaster
Veronica Lancaster, Deputy Clerk
MAILING LIST
SCOTT A RITSEMA MATTHEW C JAIME
1020 PALM STREET MATHENY SEARS LIMKERT & JAIME LLP
SAN LUIS OBISPO CA 93401 3638 AMERICAN RIVER DRIVE
SACRAMENTO CA 95864
ANTHONY N DEMARIA ROBERT W SWEETIN
DEMARIA LAW FIRM MATHENY SEARS LINKERT & JAIME LLP
1690 W SHAW AVE SUITE 220 3638 AMERICAN RIVER DR
FRESNO CA 93711 SACRAMENTO CA 95864-5901
CHRISTOPHER J HAGAN OLIVER J LARRIVEE
2031 F STREET PETRIE DORFMEIER LLP
BAKERSFIELD CA 93301 6051 N FRESNO ST #110
FRESNO CA 93710
ROBIN H JUNG JORDAN S TABAK
DYKEMA GOSSETT LLP BOWMAN & BROOKE LLP
333 S GRAND AVE STE 2100 970 W 190TH ST #700
LOS ANGELES CA 90071 TORRANCE CA 90502
Certificate of Mailing
Page 4 of 4
Preview
Superior Court of California County of Kern Bakersfield Department 11 Date: 02/10/2021 BCV-20-100678 BROWNHILL VS FCA US LLC Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster Court reporter: . None Bailiff: Deputy Sheriff PARTIES: Present: BROWNHILL, BARBARA Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall BROWNHILL, PATRICIA ROSE Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall BROWNHILL, ROBERT Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall DESHAIES, SUZANNE Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall MCCARTHY, NANCY Plaintiff, Not Present RITSEMA, SCOTT A Attorney, Present via courtcall FCA US LLC Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall JEFFRIES, NICOLE Defendant, Not Present LARRIVEE, OLIVER J Attorney, Present via courtcall JEFFRIES, NICOLE RENEE Defendant, Not Present LARRIVEE, OLIVER J Attorney, Present via courtcall KNOOP, KEITH CHARLES Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall TOYOTA MOTOR SALES, U.S.A, INC. Defendant, Not Present TABAK, JORDAN S Attorney, Present via courtcall JEFFRIES, NICOLE RENEE Cross Complainant, Not Present LARRIVEE, OLIVER J Attorney, Present via courtcall KNOOP, KEITH CHARLES Cross Complainant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall FCA US LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall FCA US, LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall FCA US, LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall FCA USA LLC Cross Defendant, Not Present JUNG, ROBIN H. Attorney, Present via courtcall JEFFRIES, NICOLE Cross Defendant, Not Present LARRIVEE, OLIVER J Attorney, Present via courtcall KNOOP, KEITH CHARLES Cross Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall KNOOP, KEITH CHARLES Cross Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall KNOOP, KEITH CHARLES Cross Defendant, Not Present HAGAN, CHRISTOPHER J Attorney, Present via courtcall Not Present: CLEMENS, SCOTT RANDALL Defendant SWEETIN, ROBERT W. Attorney THOMPSON, PENELOPE BARNES Defendant DEMARIA, ANTHONY N Attorney TOYOTA MOTOR CORPORATION Defendant TOYOTA MOTOR ENGINEERING AND MANUFACTURING NORTH AMERICA, INC. Defendant TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. Defendant TOYOTA SAN LUIS OPISPO Defendant CLEMENS, SCOTT RANDALL Cross Complainant JAIME, MATTHEW C Attorney THOMPSON, PENELOPE BARNES Cross Complainant DEMARIA, ANTHONY N Attorney CLEMENS, SCOTT RANDALL Cross Defendant SWEETIN, ROBERT W. Attorney CLEMENS, SCOTT RANDALL Cross Defendant CLEMENS, SCOTT RANDALL Cross Defendant JEFFERIES, NICOLE RENEE Cross Defendant JEFFRIES, NICOLE RENEE Cross Defendant THOMPSON, PENELOPE BARNES Cross Defendant THOMPSON, PENELOPE BARNES Cross Defendant DEMARIA, ANTHONY N Attorney THOMPSON, PENELOPE BARNSE Cross Defendant DEMARIA, ANTHONY N Attorney TOYOTA MOTOR CORPORATION Cross Defendant TOYOTA MOTOR CORPORATION Cross Defendant TOYOTA MOTOR CORPORATION Cross Defendant TOYOTA MOTOR CORPORATION Cross Defendant TOYOTA MOTOR ENGINEERING AND MANUFACTURING NORTH AMERICA, INC Cross Defendant TOYOTA MOTOR ENGINEERING AND MANUFACTURING NORTH AMERICA, INC. Cross Defendant MINUTES Page 1 of 4 BROWNHILL VS FCA US LLC BCV-20-100678 TOYOTA MOTOR ENGINEERING AND MANUFACTURING NORTH AMERICA, INC. Cross Defendant TOYOTA MOTOR ENGINERRING AND MANUFACTURING NORTH AMERICA, INC Cross Defendant TOYOTA MOTOR MANUFACTURING KENTUCKY, INC Cross Defendant TOYOTA MOTOR MANUFACTURING KENTUCKY, INC Cross Defendant TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. Cross Defendant TOYOTA MOTOR MANUFATURING KENTUCKY INC. Cross Defendant TOYOTA MOTOR SALES, U.S.A, INC Cross Defendant TOYOTA MOTOR SALES, U.S.A. INC Cross Defendant TOYOTA MOTOR SALES, U.S.A. INC. Cross Defendant TOYOTA MOTOR SALES, USA., INC Cross Defendant TOYOTA SAN LUIS OBISPO Cross Defendant TOYOTA SAN LUIS OBISPO Cross Defendant TOYOTA SAN LUIS OBISPO, FCA US, LLC Cross Defendant TOYOTA SAN LUIS OPISPO Cross Defendant Brian Chin appeared via courtcall on behalf of the defendant, Penelope Barnes Thompson. Moji Majekodumi appeared via zoom on behalf of the defendant, Scott Randall Clemens. NATURE OF PROCEEDINGS: DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.'S MOTION TO SEAL SETTLEMENT AMOUNT; DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT; AND DEFENDANT FCA US LLC'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT Hearing Start Time: 8:30 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Tentative announced in open court. Matter argued by counsel and submitted. The Court makes the following findings and orders: I. Defendant Toyota Motor Sales, U.S.A., Inc.'s Motion to Seal Settlement Amount The Court grants Defendant Toyota Motor Sales, U.S.A., Inc.'s unopposed Motion to Seal Settlement Amount and finds as follows: 1) there exists an overriding interest that supports sealing the records and which overcomes the right of the public to access these records, to wit, the parties' contractual agreement to maintain the confidentiality of the settlement amount; 2) there is a substantial probability the Toyota Defendants and Plaintiffs will be substantially prejudiced by making the settlement amount public; 3) the proposed sealing order is very narrowly tailored because the Toyota Defendants are only requesting the Court seal the settlement amount, not the settlement itself, or Plaintiffs' defect allegations directed at the Toyota Defendants; and, 4) no less restrictive means exist to achieve the parties' overriding interests.. Defendant will prepare an order consistent with this ruling for the Court's signature and pursuant to California Rules of Court, rule 3.1312. II.Defendant Toyota Motor Sales, U.S.A., Inc.'s Motion for Determination of Good Faith Settlement The Court grants Defendant Toyota Motor Sales, U.S.A., Inc.'s Motion for Determination of Good Faith Settlement. The Court determines the Toyota Defendants' settlement with Plaintiffs to be in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. The Court hereby dismisses all Cross-Complaints against Defendant MINUTES Page 2 of 4 BROWNHILL VS FCA US LLC BCV-20-100678 for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. Defendant will prepare an order consistent with this ruling for the Court's signature and pursuant to California Rules of Court, rule 3.1312. III.Defendant FCA US LLC's Motion for Determination of Good Faith Settlement The Court grants Defendant FCA US LLC's Motion for Determination of Good Faith Settlement. The Court determines Defendant's settlement with Plaintiffs to be in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. The Court hereby dismisses all Cross-Complaints against Defendant for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. Defendant will prepare an order consistent with this ruling for the Court's signature and pursuant to California Rules of Court, rule 3.1312. Copy of minutes mailed to all parties as stated on the attached certificate of mailing. - Audio streaming announced. FUTURE HEARINGS: March 17, 2021 8:30 AM Motion (Pre-Disposition) Lampe, David R. Bakersfield Department 11 March 04, 2022 9:00 AM Mandatory Settlement Conference Bakersfield Department 1 Friedman - Retired, Gary T. April 04, 2022 9:00 AM Jury Trial Lampe, David R. Bakersfield Department 11 April 04, 2022 9:00 AM Final Case Management Conference Lampe, David R. Bakersfield Department 11 MINUTES FINALIZED BY: VERONICA LANCASTER ON: FEBRUARY 11, 2021 MINUTES Page 3 of 4 BROWNHILL VS FCA US LLC BCV-20-100678 BROWNHILL VS FCA US LLC BCV-20-100678 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes datedFebruary 10, 2021 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: February 11, 2021 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: February 11, 2021 By: Veronica Lancaster Veronica Lancaster, Deputy Clerk MAILING LIST SCOTT A RITSEMA MATTHEW C JAIME 1020 PALM STREET MATHENY SEARS LIMKERT & JAIME LLP SAN LUIS OBISPO CA 93401 3638 AMERICAN RIVER DRIVE SACRAMENTO CA 95864 ANTHONY N DEMARIA ROBERT W SWEETIN DEMARIA LAW FIRM MATHENY SEARS LINKERT & JAIME LLP 1690 W SHAW AVE SUITE 220 3638 AMERICAN RIVER DR FRESNO CA 93711 SACRAMENTO CA 95864-5901 CHRISTOPHER J HAGAN OLIVER J LARRIVEE 2031 F STREET PETRIE DORFMEIER LLP BAKERSFIELD CA 93301 6051 N FRESNO ST #110 FRESNO CA 93710 ROBIN H JUNG JORDAN S TABAK DYKEMA GOSSETT LLP BOWMAN & BROOKE LLP 333 S GRAND AVE STE 2100 970 W 190TH ST #700 LOS ANGELES CA 90071 TORRANCE CA 90502 Certificate of Mailing Page 4 of 4