On July 02, 2020 a
Stipulation,Agreement
was filed
involving a dispute between
Aguilar, Karina Garcia,
Coleman, Shawn,
Cruz, Adam,
Garcia, Javier,
Gaye, Prince S.,
Higareda, Diana M.,
Higareda, Luis H.,
Ray, Denise,
and
Kb Home Sacramento, Inc. A California Corporation,
Kb Homes Sacramento, Inc. A California Corporation Fka Home North Bay Inc.,
for Unlimited Civil Construction Defect (Complex Litigation)
in the District Court of San Joaquin County.
Preview
CHECKED CLERK Atl
VD
NEWMEYER & DILLION LLP FILED
JONATHAN N. KING, CBN 227121 SUPERIOR COURT
dJonathan.King@ndlf.com Brandon E. Riley, Clerk
1333 N. California Blvd, Suite 600
Walnut Creek, California 94596 Rita Gomez
(925) 988-3200; (925) 988-3290 (Fax) December 09, 2020
Attorneys for Defendant
KB Home Sacramento, Inc. fka KB Home North
Bay, Inc.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN JOAQUIN
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14 LUIS H, HIGAREDA, et al CASE NO. STK-CV-UCD-2020-
5704
12 Plaintiff,
13 VS. STIPULATION AND
2
B
ORDER STAYING CASE PURSUANT TO
14 KB HOME SACRAMENTO, INC., et al. RIGHT TO REPAIR ACT (SB800)
15 Defendant. FILE DATE July 2, 2020
TRIAL DATE SET: No Date Set ky
16
IT IS HEREBY STIPULATED by and between Plaintiffs LUIS H. HIGAREDA,
17 et a
18 al. (hereinafter “PLAINTIFFS") and Defendant KB HOME SACRAMENTO, INC. fka KB
19 HOME NORTH BAY, INC. (hereinafter “KB”) by and through their respective counsel, as
20 follows:
21 1 WHEREAS the four (4) homes at issue in this action, as identified below,
22 are subject to the Right to Repair Act (Cal. Civ. Code section 895, etseq.) (hereinafter
23 “the Right toRepair Act’):
24
25 Homeowner Address
26 4 Luis H, Higareda and 2617 Hayden Brook Drive, Stockton, CA
Diane M. Higared
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2 Prince S. Gaye 1840 Chapelle Court, Stockton, CA 95212
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882.589/ 8934630.
STIPULATION AND [PROPOSED] ORDER STAYING CASE PURSUANT TO RIGHT TO REPAIR ACT
(SB800)
3 Shawn Coleman 4122 Marchesotti Way, Stockton, CA 95205
4 Adam Cruz 3963 Marchesotii Way, Stockton, CA 95205
2 WHEREAS PLAINTIFFS and KB wish to avoid the time and expense
involved with the adjudication of a Motion to Stay pursuant to the Right to Repair Act;
3 NOW THEREFORE, PLAINTIFFS and KB agree as follows:
A This matter shall be stayed for all purposes pending PLAINTIFFS
compliance with the Right to Repair Act;
B Neither PLAINTIFFS nor KB waive any rights that either may have
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by agreeing to this stay, and either may seek the Court's intervention to enforce the
i
Right to Repair Act, as applicable, or lift the stay, if necessary;
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c. KB's responsive pleading is not due until thirty (20) days after the
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e Stay is lifted; and
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D. PLAINTIFFS and KB request that the Court set a status conference
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on a date approximately 120 days after the date of this Stipulation to review the status of
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the stay of this matter.
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882,589 / 8934630.1 a2=
STIPULATION AND [PROPOSED] ORDER S TAYING CASE PURSUANT TO RIGHT TO REPAIR Aer
(SB800)
1} ITISso STIPULATED:
2
” Dated: December, 2020 SHINNICK & RYAN, LLP
By: JAMA
Mec ody Chadd! ko
Attorn for Plain
Dated: December, 3, 2020 NEWMEYER & DILL
i
ny Jonathan N. King
Attorneys for Defendant
Kb Home Sacramento, Inc. fka KB Home North
A “Bay, Inc.
i pie:
12 IT IS SO ORDE
13
Date Dec 9, 202 00:40 A
14
Judge of tl uperior Court
15 ROGER ROSS
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882.589 / 8934630.1, -3-
STIPULATION AND [PROPOSED] ORDER STAYING CASE PURSUANT TO RIGHT TO REPAIR ACT
(SB800)
Document Filed Date
December 09, 2020
Case Filing Date
July 02, 2020
Category
Unlimited Civil Construction Defect (Complex Litigation)
Status
All Proceedings Stayed
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