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I MICHELLE R. FERBER, ¹149929 E-FILED
mferber@ferberlaw.corn 5/3/2021 12:30 PM
2 CONNOR M. DAY, ¹233245 Superior Court of California
cday@ferberlaw.corn County of Fresno
3 FERBER LAW, A Professional Corporation By: E Alvarado, Deputy
2603 Camino Ramon, Suite 385
4 San Ramon, California 94583
(925) 355-9800
5 (925) 263-1676 FAX
6 Attorneys for Defendant
American Contractors Indemnity Company
7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
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11 EDWARD FUNEZ, an individual, Case No. 19CECG02755
12 Plaintiff, DEFENDANT AMERICAN CONTRACTORS
INDEMNITY COMPANY'S NOTICE OF
13 vs. JOINDER IN OPPOSITION TO PLAINTIFF'S
MOTION TO CONSOLIDATE
14 FIRE INSURANCE EXCHANGE;
BENEVENTO'S CLEANING & RESTORATION Date: May 13, 2021
15 SERVICE, INC. DBA SERVICE MASTER BY Time: 3:30 p.m.
BENEVENTO;AMERICANCONTRACTORS Dept.: 503
j 16 INDEMNITY COMPANY; and DOES 1 through
20, inclusive,
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Defendants.
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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
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Defendant American Contractors Indemnity Company ("ACIC") hereby joins in the Opposition
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to Plaintiff Edward Funez's (" Plaintiff') Motion to Consolidate filed by Defendant Benevento's Cleaning
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& Restoration Service Inc. dba Service Master By Benevento's (" Service Master" ).
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ACIC is a surety who issued a contractor's license bond to Service Master. Plaintiff has alleged a
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claim against the connactor's license bond issued by ACIC to Service Master on the same grounds and
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set of facts upon which Plaintiff bases his claims against Service Master. As a result, Plaintiff s claims
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against the license bond are contingent upon Plaintiff proving its claims against Service Master.
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DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S NOTICE OF JOINDER IN
OPPOSITION TO PLAINTIFF'S MOTION TO CONSOLIDATE
Additionally, the same defenses that Service Master can assert against Plaintiffs claims may also be
asserted by ACIC to Plaintiff's claim against the license bond. In short, ACIC effectively stands in the
shoes of Service Master, as Plaintiff's claims against ACIC are entirely contingent upon Plaintiff s ability
to prove its claims against Service Master.
As more fully set forth in Service Master's Opposition, Plaintiff's Motion to Consolidate should
be denied because (I) the actions do not involve the same issues of law or fact as it pertains to Service
Master and, in turn, ACIC, and (2) consolidation will create a substantial prejudice to Service Master and
ACIC. Therefore, ACIC respectfully requests the Court to deny Plaintiff s Motion to Consolidate.
10 Dated: April 30, 2021 FERBER LAW, A Professional Corporation
12
By:
13 Mi9I(elle R. Ferberg~
Connor M. Day
14 Attorneys for Defendant
American Contractors Indemnitv Companv
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DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EXCHANGE OF EXPERT
WITNESS INFORMATION PURSUANT TO CCP ll 2034
PRooF oF SERYIcE
I declare that I am over the age of 18 and not a party to the within-entitled action. I am employed
at Ferber Law, A Professional Corporation, and my business address is 2603 Camino Ramon, Suite 385,
San Ramon, California 94583. My electronic service address is cpierce ferberlaw.corn.
On April 30, 2021, I served the within document(s):
DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EXCHANGE
OF EXPERT WITNESS INFORMATION PURSUANT TO CCP g 2034
(X) VIA ELECTRONIC TRANSMISSION — I transmitted a PDF version of this document by
electronic mail to the parties identified below using the email addresses indicated.
J. Edward Kerley, Esq. John Brydon, Esq.
Nicholas J. Peterson, Esq. Demler Armstrong & Rowland,
Kerley Schaffer LLP LLP, Esq.
10 1939 Harrison Street, ¹500 101 Montgomery Street
Oakland, CA 94612 Suite 1800
edward@kslaw.us San Francisco, CA 9104-4134
nick kslaw.us bry@darlaw. corn
12 service@kslaw.us
13 Patrick S. Schoenburg, Esq.
Alexi P. Antoniou, Esq.
14 Wood Smith Henning & Berman
LLP
15 7108 N. Fresno St., Ste. 250
Fresno, CA 93720
16 pschoenburg wshblaw.corn
aantoniouiwshblaw.corn
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18 Executed on April 30, 2021, at San Ramon, California.
19 I declare under penalty of perjury that the fo orrect.
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Cont)i|r M. Day /~
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DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EXCHANGE OF EXPERT
WITNESS INFORMATION PURSUANT TO CCP (,2034
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I MICHELLE R. FERBER, ¹149929 E-FILED mferber@ferberlaw.corn 5/3/2021 12:30 PM 2 CONNOR M. DAY, ¹233245 Superior Court of California cday@ferberlaw.corn County of Fresno 3 FERBER LAW, A Professional Corporation By: E Alvarado, Deputy 2603 Camino Ramon, Suite 385 4 San Ramon, California 94583 (925) 355-9800 5 (925) 263-1676 FAX 6 Attorneys for Defendant American Contractors Indemnity Company 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 10 11 EDWARD FUNEZ, an individual, Case No. 19CECG02755 12 Plaintiff, DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S NOTICE OF 13 vs. JOINDER IN OPPOSITION TO PLAINTIFF'S MOTION TO CONSOLIDATE 14 FIRE INSURANCE EXCHANGE; BENEVENTO'S CLEANING & RESTORATION Date: May 13, 2021 15 SERVICE, INC. DBA SERVICE MASTER BY Time: 3:30 p.m. BENEVENTO;AMERICANCONTRACTORS Dept.: 503 j 16 INDEMNITY COMPANY; and DOES 1 through 20, inclusive, 17 Defendants. 18 19 20 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 21 Defendant American Contractors Indemnity Company ("ACIC") hereby joins in the Opposition 22 to Plaintiff Edward Funez's (" Plaintiff') Motion to Consolidate filed by Defendant Benevento's Cleaning 23 & Restoration Service Inc. dba Service Master By Benevento's (" Service Master" ). 24 ACIC is a surety who issued a contractor's license bond to Service Master. Plaintiff has alleged a 25 claim against the connactor's license bond issued by ACIC to Service Master on the same grounds and 26 set of facts upon which Plaintiff bases his claims against Service Master. As a result, Plaintiff s claims 27 against the license bond are contingent upon Plaintiff proving its claims against Service Master. 28 I DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S NOTICE OF JOINDER IN OPPOSITION TO PLAINTIFF'S MOTION TO CONSOLIDATE Additionally, the same defenses that Service Master can assert against Plaintiffs claims may also be asserted by ACIC to Plaintiff's claim against the license bond. In short, ACIC effectively stands in the shoes of Service Master, as Plaintiff's claims against ACIC are entirely contingent upon Plaintiff s ability to prove its claims against Service Master. As more fully set forth in Service Master's Opposition, Plaintiff's Motion to Consolidate should be denied because (I) the actions do not involve the same issues of law or fact as it pertains to Service Master and, in turn, ACIC, and (2) consolidation will create a substantial prejudice to Service Master and ACIC. Therefore, ACIC respectfully requests the Court to deny Plaintiff s Motion to Consolidate. 10 Dated: April 30, 2021 FERBER LAW, A Professional Corporation 12 By: 13 Mi9I(elle R. Ferberg~ Connor M. Day 14 Attorneys for Defendant American Contractors Indemnitv Companv 15 16 17 18 19 20 21 22 24 25 26 27 28 2 DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EXCHANGE OF EXPERT WITNESS INFORMATION PURSUANT TO CCP ll 2034 PRooF oF SERYIcE I declare that I am over the age of 18 and not a party to the within-entitled action. I am employed at Ferber Law, A Professional Corporation, and my business address is 2603 Camino Ramon, Suite 385, San Ramon, California 94583. My electronic service address is cpierce ferberlaw.corn. On April 30, 2021, I served the within document(s): DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EXCHANGE OF EXPERT WITNESS INFORMATION PURSUANT TO CCP g 2034 (X) VIA ELECTRONIC TRANSMISSION — I transmitted a PDF version of this document by electronic mail to the parties identified below using the email addresses indicated. J. Edward Kerley, Esq. John Brydon, Esq. Nicholas J. Peterson, Esq. Demler Armstrong & Rowland, Kerley Schaffer LLP LLP, Esq. 10 1939 Harrison Street, ¹500 101 Montgomery Street Oakland, CA 94612 Suite 1800 edward@kslaw.us San Francisco, CA 9104-4134 nick kslaw.us bry@darlaw. corn 12 service@kslaw.us 13 Patrick S. Schoenburg, Esq. Alexi P. Antoniou, Esq. 14 Wood Smith Henning & Berman LLP 15 7108 N. Fresno St., Ste. 250 Fresno, CA 93720 16 pschoenburg wshblaw.corn aantoniouiwshblaw.corn 17 18 Executed on April 30, 2021, at San Ramon, California. 19 I declare under penalty of perjury that the fo orrect. 20 21 22 Cont)i|r M. Day /~ 23 24 25 26 27 3 DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EXCHANGE OF EXPERT WITNESS INFORMATION PURSUANT TO CCP (,2034