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Electronically Filed
LAW OFFICES OF JOHN L. FALLAT 10/30/2018 2:47 PM
JOHN L. FALLAT (State Bar No. 1 14842) Superior Court of California
TIMOTHY J. TOMLIN (State Bar No. 142294) County of Stanislaus
68 Mitchell B1vd., Suite 135 Clerk of the Court
San Rafael, CA 94903-2046 By: Lindsey Stringfellow, Deputy
Telephone: (415) 457-3773
Facsimile: (41 5) 457—2667
QOIU1I>WN
Attorney for Defendant
HUDSON INSURANCE COMPANY
SUPERIOR COURT OF CALIFORNIA
COUNTY OF STANISLAUS
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FRANCISCO MEDA, Case No. 2022500
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Plaintifi‘, AMENDED NOTICE 0F MOTION
13 FOR RECONSIDERATION 0F
vs. E COURT’S RULING ON PLAINTIFF’S
14 MOTION FOR ATTORNEY FEES
ZYAD ALI MAADARANI, individually and
15 dba MACE MOTORS; HUDSON
INSURANCE GROUP, a corporation;
16 WESTLAKE FINANCIAL INVESTMENT g DATE: December 19, 201 8
SERVICES, LLC, a California corporation; TIME: 8:30 AM
17 and DOES 1 through 20, inclusive, DEPT: 21
18 Defendants.
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T0 EACH PARTY AND T0 COUNSEL OF RECORD FOR EACH PARTY:
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YOU ARE HEREBY NOTIFIED that the motion of defendant Hudson Insurance Company
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previously noficed for December 12, 2018 at 8:30 am. has been rescheduled for December 19, 1018 at
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8:30 am. or as soon thereafier as the matter may be heard in Deparlment 21 ofthis Court, located at 800
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11th Street, Modesto, CA 95354, defendant Hudson Insurance Company will move for reconsideration
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of a portion of the Court’s Ruling filed October 3, 2018 granting plaintifl’s motion for attorney fem in
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the sum of $62,687.00 as against Hudson Insurance Company pursuant to CCP § 1008(a).
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28 AMENDED NOTICE OF MOTION FOR RECONSIDERATION OF COURT’S RULING ON PLAINTIFF’S MOTION FOR
ATTORNEY FEES; DECLARATOIN OF TIMOTHY J. TOMLIN
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Reconsideration isrequested on the following grounds: Plaintiff‘s motion for fees did not address
the cap on statutory liability of the surety at $50,000.00 under Vehicle Code §1 1711 and Code of Civil
Procedure §996.470. Plaintifi’s motion cited Pierce v. Western Surety Company (2012) 207 Cal.App.4“‘
83, which specifically describes the cap on damages and states in footnote 3 (Id. at 93) that the issue of
\DWQGWPWNH
exceeding the cap was not a subject ofthe appeal. The appellate opinion did not change the liability cap
of $50,000.00 set forth in Vehicle Code §1 171 l and Code of Civil Procedure §996.470.
Had Hudson been a party to the settlement ageement, among other things, it would have
required a term limiting its liability for damages under the agreement at $50,000.00, the current state of
the law.
This motion is based upon this Amended Notice of Motion, the previously filed and served
WNHO
Memorandum
I-II-Il-IH
and the Declaration of Timothy J. Tomlin, the files and records in this acfion, and such
other evidence and argument as may be provided to the Court at or before the heating.
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Dated: W *3a 2018. MV
TIM¢THY J TOMLlN
Attorney for Defendant
17 HUDSON INSURANCE COMPANY
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28 AMENDH) NOTICE 0F MOTION FOR RBCONSIDERATION OF COURT’S RULl'NG ON PLAINTIFF’S MOTION FOR
ATTORNEY FEES; DECLARATOIN OF TIMOTHY J. TOMLIN
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PROOF 0F SERVICE BY FACSIMJLE AND US MAIL
[CCP §1013(a)]
I,KENDALL WRIGHT, declare that I am not a party to this action, am over the age of 18 years,
maintain a business address a1 68 Mitchell Blvd., Suite 135, San Rafael, California 94903-2046, County of
Marin, and that on the date shown below, Icaused to be served the documents listed below on the persons
listed herein via facsimile to the numbers listed below and by placing the envelopes for collection and
mailing following our ordinary business practices. I am readily familiar with this business’ practice for
collecting 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 United States Postal
10 Service in a sealed envelope with postage fully prepaid. The envelope(s) were addressed and mailed as
follows:
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DOCUMENTS SERVED: AMENDED NOTICE 0F MOTION FOR
12 COURT’S RULlNG ON PLAINTIFF’S MOTION FOR ATTORNEYRECONSIDERATION FEES
0F
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SERVED UPON:
14 Alicia L. Hinton, Esq.
Law Offices ofA.L. Hinton
15 1616 W. Shaw Ave., Suite B7
16 Fresno, CA 93711
Tel: (559) 691-6900
17 Fax: (559) 421-0373
Email: a1icia@alhintonlaw.com
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19 Jakrun S. Sodhj
Sodhi Law Group
20 1301 K Street, Suite F
Modesto, CA 95354
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Tel: (209) 900-8200
22 Fax: (209) 900-8205
Email: jak@sodhjlawg10up.com
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I declare under penalty of peljury that the
executed on the date stated below,
DATED: October 30, 2018
at San Rafael,
W
foregoing 1's
true
VA
and correct
/KENDALL WRIGHT
AW—
AMENDED NOTICE OF MOTION FOR RECONSIDERATION 0F COURT’S RULING 0N PLAINTIFF’S MOTION
and that this proof of service we;
FOR
ATTORNEY FEES; DECLARATOIN OF TIMOTHY J. TOMLIN
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Preview
Electronically Filed LAW OFFICES OF JOHN L. FALLAT 10/30/2018 2:47 PM JOHN L. FALLAT (State Bar No. 1 14842) Superior Court of California TIMOTHY J. TOMLIN (State Bar No. 142294) County of Stanislaus 68 Mitchell B1vd., Suite 135 Clerk of the Court San Rafael, CA 94903-2046 By: Lindsey Stringfellow, Deputy Telephone: (415) 457-3773 Facsimile: (41 5) 457—2667 QOIU1I>WN Attorney for Defendant HUDSON INSURANCE COMPANY SUPERIOR COURT OF CALIFORNIA COUNTY OF STANISLAUS 10 11 FRANCISCO MEDA, Case No. 2022500 12 Plaintifi‘, AMENDED NOTICE 0F MOTION 13 FOR RECONSIDERATION 0F vs. E COURT’S RULING ON PLAINTIFF’S 14 MOTION FOR ATTORNEY FEES ZYAD ALI MAADARANI, individually and 15 dba MACE MOTORS; HUDSON INSURANCE GROUP, a corporation; 16 WESTLAKE FINANCIAL INVESTMENT g DATE: December 19, 201 8 SERVICES, LLC, a California corporation; TIME: 8:30 AM 17 and DOES 1 through 20, inclusive, DEPT: 21 18 Defendants. g ) 19 20 T0 EACH PARTY AND T0 COUNSEL OF RECORD FOR EACH PARTY: 21 YOU ARE HEREBY NOTIFIED that the motion of defendant Hudson Insurance Company 22 previously noficed for December 12, 2018 at 8:30 am. has been rescheduled for December 19, 1018 at 23 8:30 am. or as soon thereafier as the matter may be heard in Deparlment 21 ofthis Court, located at 800 24 11th Street, Modesto, CA 95354, defendant Hudson Insurance Company will move for reconsideration 25 of a portion of the Court’s Ruling filed October 3, 2018 granting plaintifl’s motion for attorney fem in 26 the sum of $62,687.00 as against Hudson Insurance Company pursuant to CCP § 1008(a). 27 28 AMENDED NOTICE OF MOTION FOR RECONSIDERATION OF COURT’S RULING ON PLAINTIFF’S MOTION FOR ATTORNEY FEES; DECLARATOIN OF TIMOTHY J. TOMLIN 1 Reconsideration isrequested on the following grounds: Plaintiff‘s motion for fees did not address the cap on statutory liability of the surety at $50,000.00 under Vehicle Code §1 1711 and Code of Civil Procedure §996.470. Plaintifi’s motion cited Pierce v. Western Surety Company (2012) 207 Cal.App.4“‘ 83, which specifically describes the cap on damages and states in footnote 3 (Id. at 93) that the issue of \DWQGWPWNH exceeding the cap was not a subject ofthe appeal. The appellate opinion did not change the liability cap of $50,000.00 set forth in Vehicle Code §1 171 l and Code of Civil Procedure §996.470. Had Hudson been a party to the settlement ageement, among other things, it would have required a term limiting its liability for damages under the agreement at $50,000.00, the current state of the law. This motion is based upon this Amended Notice of Motion, the previously filed and served WNHO Memorandum I-II-Il-IH and the Declaration of Timothy J. Tomlin, the files and records in this acfion, and such other evidence and argument as may be provided to the Court at or before the heating. 14 15 16 Dated: W *3a 2018. MV TIM¢THY J TOMLlN Attorney for Defendant 17 HUDSON INSURANCE COMPANY 18 19 20 21 22 23 24 25 26 27 28 AMENDH) NOTICE 0F MOTION FOR RBCONSIDERATION OF COURT’S RULl'NG ON PLAINTIFF’S MOTION FOR ATTORNEY FEES; DECLARATOIN OF TIMOTHY J. TOMLIN 2 PROOF 0F SERVICE BY FACSIMJLE AND US MAIL [CCP §1013(a)] I,KENDALL WRIGHT, declare that I am not a party to this action, am over the age of 18 years, maintain a business address a1 68 Mitchell Blvd., Suite 135, San Rafael, California 94903-2046, County of Marin, and that on the date shown below, Icaused to be served the documents listed below on the persons listed herein via facsimile to the numbers listed below and by placing the envelopes for collection and mailing following our ordinary business practices. I am readily familiar with this business’ practice for collecting 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 United States Postal 10 Service in a sealed envelope with postage fully prepaid. The envelope(s) were addressed and mailed as follows: 11 DOCUMENTS SERVED: AMENDED NOTICE 0F MOTION FOR 12 COURT’S RULlNG ON PLAINTIFF’S MOTION FOR ATTORNEYRECONSIDERATION FEES 0F l3 SERVED UPON: 14 Alicia L. Hinton, Esq. Law Offices ofA.L. Hinton 15 1616 W. Shaw Ave., Suite B7 16 Fresno, CA 93711 Tel: (559) 691-6900 17 Fax: (559) 421-0373 Email: a1icia@alhintonlaw.com 18 19 Jakrun S. Sodhj Sodhi Law Group 20 1301 K Street, Suite F Modesto, CA 95354 21 Tel: (209) 900-8200 22 Fax: (209) 900-8205 Email: jak@sodhjlawg10up.com 23 24 25 26 27 28 I declare under penalty of peljury that the executed on the date stated below, DATED: October 30, 2018 at San Rafael, W foregoing 1's true VA and correct /KENDALL WRIGHT AW— AMENDED NOTICE OF MOTION FOR RECONSIDERATION 0F COURT’S RULING 0N PLAINTIFF’S MOTION and that this proof of service we; FOR ATTORNEY FEES; DECLARATOIN OF TIMOTHY J. TOMLIN 3