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1 McCormick, Barstow, Sheppard,
Wayle & Carruth LLP
2 Timothy R. Sullivan, #128467
lii}iolhy.sullivan@mcc()rniickharslow.com
3 7647 North Fresno Street
Fresno, California 93720
4 Telephone: (559)433-1300
Facsimile: (559)433-2300
5 RECEIVED
Attorneys for Defendant. 2/24/2021 3:21 PM
6 GALLAGHER BASSETT SERVICES,INC. FRESNO COUNTY SUPERIOR COURT
By: I. Herrera, Deputy
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF FRESNO, CENTRAL DIVISION
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11 JAYSON ZARCONE and JAIME Case No. 19CECG00051
ZARCONE,
12 [PRGPOSEDI ORDER DETERMINrNG
Plaintiff, GOOD FAITH OF SETTLEMENT
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V.
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FLOYD JOHNSTON CONSTRUCTION
15 COMPANY, INC.; SERVICEMASTER
ADVANCED CLEANING AND
16 RESTORATION; GALLAGHER BASSETT
SERVICES. INC.; WILSON HOMES. INC.;
17 and Does 1 through 50, inclusive.
18 Defendants.
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20 'Hie Application of for an order determining the good faith of a settlement having been
21 presented to this Court; and
22 IT APPEARING TO THh: SA'flSFACTlON OF THE COURT'fHAT the said Application
23 is made pursuant to Code ofCivil Procedure §877.6; and that copies ofthe said Application, together
24 with a Notice of Settlement, and a copy of this Order were served by certified mail with return
25 receipt requested on all parties to this action on February 24, 2021; and that no notice of motion to
26 contest the good faith of the said settlement has been served or filed within the time allowed byCode
27 of Civil Procedure §877.6(a)(2); and that no confidentiality clause of any kind is contained in the
28 said settlement agreement]:
McCormick, Barstow,
Shepparo, Wayte &
Carruth LLP
16*7 NORTH fHESNO STREET
TRESNO C* 93730 [PROPOSEDl ORDER DETERMINING GOOD FAI TH OF SETTLEMENT
NOW,THEREFORE. IT IS SO ORDERED thai the settlement agreement described in the
said Motion/Application was and is made and entered into in good faith between the parties to the
agreement, within the meaning and effect of Code of Civil Procedure §877.6.
4 IT IS FURTHER ORDERED as follows:
5 That Defendant GALLAGHER BASSETT SERVICES. INC. be and hereby is dismissed
6 from the Fourth Cause of Action (Negligence) and that the Ninth Cause of Action (Intentional
7 InOiction of Emotional Distress) against Defendant GALLAGHER BASSETT SERVICE,INC. be
8 and hereby is dismissed.
9 IT IS SO ORDERED.
10 DATED: , 2021
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Hon. Kimberly Gaab
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Judge of the Superior Court
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MCCORMICK, BARSTOW,
Sheppard, Watte &
Carruth LLP
NORTH FRESNO STREET
FRESNO. OA n7Ki [PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT
PROOF OF SERVICE
STATE OF CALIFORNIA,COUNTY OF FRESNO
At the time of service, I was over 18 years of age and not a partj' to this action. I am
employed in the County of Fresno, State of California. My business address is 7647 North Fresno
4 Street, Fresno, CA 93720.
5 On February 24, 2021, I served true copies of the following docunient(s) described as
IPROPOSEDl ORDER DETERMINING GOOD FAITH OF SETTLEMENT on the interested
6 parties in this action as follows:
7 SEE ATTACHED SERVICE LIST
8 BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED; I enclosed the
document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the
9 Service List and placed the envelope for collection and mailing via Certilled Mail, Return Receipt
Requested, following our ordinary business practices. 1 am readily familiar with this business's
10 practice for collecting and processing correspondence for mailing. On the same day that the
correspondence is placed for collection and mailing, it is deposited in the ordinary course of business
11 with the United States Postal Service, in a sealed envelope with postage fully prepaid.
12 1 declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
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Executed on February 24, 2021, at Fresno, California.
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McCormick, Barstow,
Sheppard, Waytc &
Carruth LLP
r847 NORTH FRESNO STREET
FRESNO. C» 83720
[PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT
SERVICE LIST
Bradley C. Gage, Esq. Attorney for Plaintiffs,
LAW OFFICES OF GOLDBERG & GAGE JAYSON AND JAIME ZARCONE
A Partnership of Professional Law Corporations
23002 Victory Blvd.
Woodland Hills. OA 91367
Phone:(818) 340-9252
Fax:(818)340-9088
Email: btzaue@.^oldberuanduaiie.com;
vbarrera^tzoldberuanduaue.com:
adl•iana.za^al^^/)^oldber^and^a^e.com
Mclvin C. Belli. Esq. Attorney for Plaintiffs,
THE BELLI LAW FIRM JAYSON AND JAIME ZARCONE
35 Miller Avenue, Suite 199
Mill Valley. CA 94941
10 Phone:(405)981-185
Fax:(415)981-8314
11 Email: mcb(a)lhebellilawfirm.com
12 Marissa N. Acrce, Esq. Attorney for Defendants,
STONE & ASSOCIATES. APC FLOYD" JOHNSTON CONSTRUCTION
13 2125 Ygnacio Valley Road, Suite 101 COMPANY INC. & WILSON HOMES,INC.
Walnut Creek. CA 94598
14 Phone:(925)938-1555, Ext. 120
Email: macreef2r!stonelawofllce.com
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Kurt F. Vote, Esq. Co-counselfor Defendant,
16 Wanger Jones Helsley, Pc WILSON HOMES,INC.
265 E. River Park Cir., Suite 310
17 Fresno, CA 93720
Phone:(559) 233-4800
Email: kvotef^wihattornevs.com
Sheryl Noel, Esq. Attorney for Defendant.
COLEMAN & HOROWITT. LLP ALADDIN'S â– CARPET DBA
20 499 W. Shaw Avenue, #116 SERVICEMASTER
Fresno, CA 93704
21 Phone:(559) 248-4820
Email: snoel(®,ch-law.com
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Gary A. Nye Attorney for
23 ROXBOROUGH, POMERANCE, NYE & EMPLOYNET,INC.
ADREANI LLP, FOR EMPLOYNET,INC.
24 5820 Canoga Avenue, Suite 250
Woodland Hills. CA 91367
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MCCORMtCK, BARSTOW,
Sheppard, WAVTE &
Carruth LLP
7M7 NOSTH FRESNO STREET
FRESNO C« 93720
[PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT
Christopher Filer Attorney for Cross-Defendant,
BREMER, WHYTE, CROWN & O'MEARA, FLOYD JOHNSTON"CONSTRUCTION,CO.
LLP, FOR FLOYD JOHNSTON
CONSTRUCTION. CO., INC.
20320 S.W. Birch Street, 2nd Floor
NewDOrt Beach. VA 92660
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McCormick, Barstow,
Sheppard. Wayte &
Carruth LLP
:6»7NO»TM FRESNO STREET
PRESW, CA 9372C
[PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT
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1 McCormick, Barstow, Sheppard, Wayle & Carruth LLP 2 Timothy R. Sullivan, #128467 lii}iolhy.sullivan@mcc()rniickharslow.com 3 7647 North Fresno Street Fresno, California 93720 4 Telephone: (559)433-1300 Facsimile: (559)433-2300 5 RECEIVED Attorneys for Defendant. 2/24/2021 3:21 PM 6 GALLAGHER BASSETT SERVICES,INC. FRESNO COUNTY SUPERIOR COURT By: I. Herrera, Deputy 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF FRESNO, CENTRAL DIVISION 10 11 JAYSON ZARCONE and JAIME Case No. 19CECG00051 ZARCONE, 12 [PRGPOSEDI ORDER DETERMINrNG Plaintiff, GOOD FAITH OF SETTLEMENT 13 V. 14 FLOYD JOHNSTON CONSTRUCTION 15 COMPANY, INC.; SERVICEMASTER ADVANCED CLEANING AND 16 RESTORATION; GALLAGHER BASSETT SERVICES. INC.; WILSON HOMES. INC.; 17 and Does 1 through 50, inclusive. 18 Defendants. 19 20 'Hie Application of for an order determining the good faith of a settlement having been 21 presented to this Court; and 22 IT APPEARING TO THh: SA'flSFACTlON OF THE COURT'fHAT the said Application 23 is made pursuant to Code ofCivil Procedure §877.6; and that copies ofthe said Application, together 24 with a Notice of Settlement, and a copy of this Order were served by certified mail with return 25 receipt requested on all parties to this action on February 24, 2021; and that no notice of motion to 26 contest the good faith of the said settlement has been served or filed within the time allowed byCode 27 of Civil Procedure §877.6(a)(2); and that no confidentiality clause of any kind is contained in the 28 said settlement agreement]: McCormick, Barstow, Shepparo, Wayte & Carruth LLP 16*7 NORTH fHESNO STREET TRESNO C* 93730 [PROPOSEDl ORDER DETERMINING GOOD FAI TH OF SETTLEMENT NOW,THEREFORE. IT IS SO ORDERED thai the settlement agreement described in the said Motion/Application was and is made and entered into in good faith between the parties to the agreement, within the meaning and effect of Code of Civil Procedure §877.6. 4 IT IS FURTHER ORDERED as follows: 5 That Defendant GALLAGHER BASSETT SERVICES. INC. be and hereby is dismissed 6 from the Fourth Cause of Action (Negligence) and that the Ninth Cause of Action (Intentional 7 InOiction of Emotional Distress) against Defendant GALLAGHER BASSETT SERVICE,INC. be 8 and hereby is dismissed. 9 IT IS SO ORDERED. 10 DATED: , 2021 11 Hon. Kimberly Gaab 12 Judge of the Superior Court 13 14 15 7415860.1 16 17 18 19 20 21 22 23 24 25 26 27 28 MCCORMICK, BARSTOW, Sheppard, Watte & Carruth LLP NORTH FRESNO STREET FRESNO. OA n7Ki [PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT PROOF OF SERVICE STATE OF CALIFORNIA,COUNTY OF FRESNO At the time of service, I was over 18 years of age and not a partj' to this action. I am employed in the County of Fresno, State of California. My business address is 7647 North Fresno 4 Street, Fresno, CA 93720. 5 On February 24, 2021, I served true copies of the following docunient(s) described as IPROPOSEDl ORDER DETERMINING GOOD FAITH OF SETTLEMENT on the interested 6 parties in this action as follows: 7 SEE ATTACHED SERVICE LIST 8 BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED; I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the 9 Service List and placed the envelope for collection and mailing via Certilled Mail, Return Receipt Requested, following our ordinary business practices. 1 am readily familiar with this business's 10 practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business 11 with the United States Postal Service, in a sealed envelope with postage fully prepaid. 12 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 13 Executed on February 24, 2021, at Fresno, California. 14 15 16 J anam aker 17 18 19 20 21 22 23 24 25 26 27 28 McCormick, Barstow, Sheppard, Waytc & Carruth LLP r847 NORTH FRESNO STREET FRESNO. C» 83720 [PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT SERVICE LIST Bradley C. Gage, Esq. Attorney for Plaintiffs, LAW OFFICES OF GOLDBERG & GAGE JAYSON AND JAIME ZARCONE A Partnership of Professional Law Corporations 23002 Victory Blvd. Woodland Hills. OA 91367 Phone:(818) 340-9252 Fax:(818)340-9088 Email: btzaue@.^oldberuanduaiie.com; vbarrera^tzoldberuanduaue.com: adl•iana.za^al^^/)^oldber^and^a^e.com Mclvin C. Belli. Esq. Attorney for Plaintiffs, THE BELLI LAW FIRM JAYSON AND JAIME ZARCONE 35 Miller Avenue, Suite 199 Mill Valley. CA 94941 10 Phone:(405)981-185 Fax:(415)981-8314 11 Email: mcb(a)lhebellilawfirm.com 12 Marissa N. Acrce, Esq. Attorney for Defendants, STONE & ASSOCIATES. APC FLOYD" JOHNSTON CONSTRUCTION 13 2125 Ygnacio Valley Road, Suite 101 COMPANY INC. & WILSON HOMES,INC. Walnut Creek. CA 94598 14 Phone:(925)938-1555, Ext. 120 Email: macreef2r!stonelawofllce.com 15 Kurt F. Vote, Esq. Co-counselfor Defendant, 16 Wanger Jones Helsley, Pc WILSON HOMES,INC. 265 E. River Park Cir., Suite 310 17 Fresno, CA 93720 Phone:(559) 233-4800 Email: kvotef^wihattornevs.com Sheryl Noel, Esq. Attorney for Defendant. COLEMAN & HOROWITT. LLP ALADDIN'S ■CARPET DBA 20 499 W. Shaw Avenue, #116 SERVICEMASTER Fresno, CA 93704 21 Phone:(559) 248-4820 Email: snoel(®,ch-law.com 22 Gary A. Nye Attorney for 23 ROXBOROUGH, POMERANCE, NYE & EMPLOYNET,INC. ADREANI LLP, FOR EMPLOYNET,INC. 24 5820 Canoga Avenue, Suite 250 Woodland Hills. CA 91367 25 26 27 28 MCCORMtCK, BARSTOW, Sheppard, WAVTE & Carruth LLP 7M7 NOSTH FRESNO STREET FRESNO C« 93720 [PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT Christopher Filer Attorney for Cross-Defendant, BREMER, WHYTE, CROWN & O'MEARA, FLOYD JOHNSTON"CONSTRUCTION,CO. LLP, FOR FLOYD JOHNSTON CONSTRUCTION. CO., INC. 20320 S.W. Birch Street, 2nd Floor NewDOrt Beach. VA 92660 9 10 ]1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 McCormick, Barstow, Sheppard. Wayte & Carruth LLP :6»7NO»TM FRESNO STREET PRESW, CA 9372C [PROPOSED]ORDER DETERMINING GOOD FAITH OF SETTLEMENT