On January 01, 1900 a Court Notice was filed involving a dispute between Araujo, Yisidro Martinez, Avilez, Tomas Gallardo, Camacho, Maria Juan, Carillo, Monica, Carnero, Miriam L, Carranza, Gabriela, Carranza, Patricia, Castillo, Ana Silva, Celaya, Sabrina, Cervantes, Ana Hernandez, Cervantes, Luzmar, Chavez, Sujeiri, Coronado, Dalia L., De La Vega, Eliazar, Estrada, Maria Mondragon, Franco, Jose, Garcia, Alejandro, Garcilazo, Baltazar, Gonzalez, Honorio, Hernandez, Concepcion, Hernandez, Virginia, Huitron, Gonzalo, Islas, Janae Lannett, Jimenez, Antonio C, Jimenez, Jose Guadalupe Jr, Lara, Irma, Lawson, Nicholas Allen, Loera, Carina, Montalvo, Francisca, Montanez, Christopher, Montanez, Marie, Moreno, Juan Manuel, Ochoa, Jessica Marie, Ortis, Benjamin R, Ramirez, Ana, Ramirez, Salvador, Rangel, Ana Rosa, Rodriguez, Isela, Sahagun, Robert, Sanchez, Artemio, Sanchez, Hector, Velasquez, Rocio, Wood, Amanda L, Wucinski, Gary, Wucinski, Margaret, Zapien, Sandra Torres, Zepeda, Alicia, Zepeda, Jose, and Century Builders, Llc, Century Developers, Llc, Highlands Diversified, Inc., Monte Vista Orange Cove, Llc, for 10 Unlimited - Construction Defect in the District Court of Fresno County.
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William D. Morrow, Esq. [SBN 103340] Charles N. Saatjian, Esq. [SBN 188609] MORROW & WHITE 1600 Dove Street, Suite 3 15 Newport Beach, CA 92660-2487 Telephone: (714) 979-7999 Facsimile: (714) 979—7779 billmorrow@morrow—white.com csaatj ianngorrow—white. com RECEIVED 3/9/2021 4:47 PM Attorneys for Cross—Defendant, FRESNO COUNTY SUPERIOR COURT GLASS TECH, INC. By: A. Ramos, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 10 11 SALVADOR RAMIREZ, et a1. Case No.2 19CECG01702 Judge: Hon. D. Tyler Tharpe 12 Dept: 501 Plaintiff, 13 vs. [PROPOSED] ORDER DETERMINING l4 GOOD FAITH OF SETTLEMENT MONTE VISTA ORANGE COVE, LLC, et BETWEEN GLASS TECH, INC. AND 15 MONTE VISTA ORANGE CO., LLC, a1. CENTURY BUILDERS, LLC AND 16 HIGHLANDS DIVERSIFIED, INC. Defendants. 17 Action Filed: May 17, 2019 18 AND ALL RELATED CROSS-ACTIONS. Trial Date: Not Set 19 20 21 22 [PROPOSED] ORDER DETERMINING GOOD FAITH OF SETTLEMENT 23 The application 0f Cross—Defendant GLASS TECH, INC. (“GLASS TECH”) for an order 24 determining the good faith 0f the settlement between GLASS TECH and MONTE VISTA 25 ORANGE CO., LLC, CENTURY BUILDERS, LLC, and HIGHLANDS DIVERSIFIED, INC. 26 (“MONTE VISTA”) in the above—captioned action, having been presented t0 this Court; and: 27 /// 28 /// R:\4019-00467-CA Ramirez v Monte (Glass)\Settlemem Folder\Glass Tech - GFS\[Proposed] Ordendoc — 1 - [PROPOSED] ORDER 1 It appearing to the satisfaction of this Court that the application was made pursuant to the 2 provisions of Code of Civil Procedure sections 877 and 877.6, subdivision (a)(2); that copies of 3 the notice of settlement, application, supporting declaration of counsel, and proposed Order were 4 served by certified mail, return receipt requested on all parties to this action on March 9, 2021; 5 that no notice of motion to contest the good faith of the settlement was served or filed within the 6 time prescribed by Code of Civil Procedure section 887.6, subdivision (a)(2); and that the 7 settlement agreement includes a waiver of Civil Code Section 1542; the Court finds that the 8 settlement agreements described in GLASS TECH’s application for good faith determination 9 was made in good faith between/among the parties to the agreement, within the meaning and 10 effect of Code of Civil Procedure sections 877 and 877.6. 11 Therefore, pursuant to Code of Civil Procedure section 877, subdivision (b), GLASS 12 TECH is discharged “from all liability for any contribution to any other parties.” 13 Furthermore, all present and future claims against GLASS TECH for equitable 14 comparative contribution, or partial or comparative indemnity, based upon comparative 15 negligence or comparative fault, are forever barred pursuant to California Code of Civil 16 Procedure section 877.6, subsection (c), which states in pertinent part: 17 A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling 18 tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. 19 20 As such, this determination effectively extinguishes any and all currently-pending claims, 21 causes of action, and cross-complaints for contribution and/or equitable indemnity against, 22 GLASS TECH in the above-captioned action, and they are hereby dismissed with prejudice. 23 24 IT IS SO ORDERED. 25 26 DATED: , 2021 By: 27 JUDGE OF THE SUPERIOR COURT 28 R:\4019-00467-CA Ramirez v Monte (Glass)\Settlement Folder\Glass Tech - GFS\[Proposed] Order.doc -2- [PROPOSED] ORDER