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Malcolm D. Schick, Esq. - State Bar No. 118978
Erica C. Gonzalez, Esq. - State Bar No. 289557
G&P|ScHICK, A Professional Corporation
99 Almaden Boulevard, Suite 740
San Jose, California 95113-1605
Tel: (408) 995-5050; Fax: (408) 995-5150
Attorneys for Defendant, Cross-
Defendant, and Cross-Complainant,
HOLT REPAIR & MANUFACTURING, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN JOAQUIN
MONA TOVAR, Individually and
as Special Administrator of
the Estate of Carlos Alexander
Tovar, Deceased, and IZAIAH
TOVAR and OLIVIA TOVAR,
Minors, by and through their
Guardian ad Litem, MONA TOVAR
Case No. STK-CV-UPI-2018-10826
Judge: Roger Ross
Dept.: 11B
Complaint filed:8/30/2018
Trial: 09/16/2019
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)
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) NOTICE OF HOLT REPAIR &
Plaintiffs, ) MANUFACTURING, INC.’S MOTION
: ) FOR DETERMINATION OF GOOD
v. ) FAITH SETTLEMENT
)
)
)
)
)
)
)
)
)
)
pate: MAY 29 2019
Time: “G:oo0
Dept.: 11B
BERNARD TE VELDE and REBECCA
DEE TE VELDE, Trustees of the
2000 Te Velde Family Trust,
HOLT REPAIR & MANUFACTURING,
INC., and DOES 1 to 100,
inclusive
Defendants.
PLEASE TAKE NOTICE, Defendant, HOLT REPAIR & MANUFACTURING,
INC. (“HOLT”), and Plaintiffs MONA TOVAR, Individually and as
Special Administrator of the Estate of Carlos Alexander Tovar,
Deceased, and IZAIAH TOVAR and OLIVIA TOVAR, Minors, by and through
their Guardian ad Litem, MONA TOVAR (hereinafter collectively
referred to as “Plaintiffs”), have reached a settlement in this
matter. Plaintiffs have agreed to accept the sum of One Million
12
sloDollars ($1,000,000) in exchange for a dismissal of all actual or
potential claims against HOLT, with prejudice, and executing a
release in favor of HOLT and its affiliates from all claims, past
and future, arising out of or in any way related to the allegations
which are the subject of this litigation.
PLEASE TAKE FURTHER NOTICE that on , 2019 at 9:00
a.m. in Department __ of the above-entitled Court, located at 180
E Weber Ave, Stockton, CA 95202, HOLT will move the Court for an
Order Granting it Motion for Determination of Good Faith Settlement
Determination pursuant to California Code of Civil Procedure
Sections 877 and 877.6. This Motion is based upon this Notice, the
Memorandum of Points and Authorities, the Declaration of Erica C.
Gonzalez, and the complete files and records of the action herein.
REQUEST FOR BAR OF FUTURE CLAIMS
PLEASE BE FURTHER ADVISED that 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 tortfeasor or co-obligor for equitable comparative
contribution, or partial or comparative indemnity, based on
comparative negligence or comparative fault, as set forth in
California Code of Civil Procedure §877.6(c). ~
DATED:__April 18, 2019 Gé&P|SCHICK
Ma m Shhifk} Esq.
Erifa C. Bonzafez} Esq.
Att&rn. c endant, Cross-—
Defendant, and Cross-Complainant,
HOLT REPAIR & MANUFACTURING, INC.
IN
SETTLEMENTwon
27
28
TOVAR v. TE VELDE, et al.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN JOAQUIN
CASE NO. STK-CV-UPI-2018~-10826
' PROOF OF SERVICE
I, the undersigned, declare that: I am over the age of 18
years and not a party to the case; I am employed in the County of
Santa Clara, California, where the mailing occurs; and my business
address is: 99 Almaden Boulevard, Suite 740, San Jose, CA 95113.
On April 19, 2019, I caused to be served each of the
interested parties in this action set forth in the below list the
foregoing document(s) described as:
> NOTICE OF HOLT REPAIR & MANUFACTURING, INC.’S MOTION FOR
DETERMINATION OF GOOD FAITH SETTLEMENT;
» MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HOLT
REPAIR & MANUFACTURING, INC.’S MOTION FOR DETERMINATION
OF GOOD FAITH SETTLEMENT;
» DECLARATION OF ERICA C. GONZALEZ IN SUPPORT OF HOLT
REPAIR & MANUFACTURING, INC.’S MOTION FOR DETERMINATION
OF GOOD FAITH SETTLEMENT; AND
» [PROPOSED] ORDER GRANTING HOLT REPAIR & MANUFACTURING,
INC.’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
(X) BY MAIL I am readily familiar with the business practice for
collection and processing correspondence for mailing with the
United States Postal Service. Under the practice, it would be
deposited with United States Postal Service on that same day
with postage thereon fully prepaid at San Jose, California, in
the ordinary course of business. I caused such service by
placing a true copy of each document in a separate envelope
addressed to each addressee, respectively.
() BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a Court order or
an agreement of the parties to accept service by email or
electronic transmission, I caused the document(s) to be sent
from email address mvijil@gpschicklaw.com to the persons at
the email addresses listed below in the Service List. I did
not receive, within a reasonable time after the transmission,
any electronic message or other indication that the
transmission was unsuccessful.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and c and that this
Declaration is executed on April 19, 2019, at/San Jdse, California.
Jes Lacuesta
-1-
PROOF OF SERVICETOVAR v. TE VELDE, et al.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN JOAQUIN
CASE NO. STK-CV-UPI-2018~-10826
PROOF OF SERVICE
Doug S. Saeltzer, Esq. Craig A. Caldwell, Esq.
Spencer Pahlke, Esq. LAW OFFICE OF SHAWN C. MOORE
WALKUP, MELODIA, KELLY & 2251 Harvard Street, Suite 100
SCHOENBERGER Sacramento, CA 95815
650 California Street, Tel: (916) 921-9353
26 Floor Fax: (855) 214-7884
San Francisco, CA 94108-2615 craig.caldwell@nationwide.com
Tel: (415) 981-7210
Fax: (415) 391-6965 Counsel for Defendants,
dsaeltzer@walkuplawoffice.com BERNARD TE VELDE and REBECCA
spahlke@walkuplawoffice.com DEE TE VELDE, Trustees of the
2000 Te Velde Family Trust
Michael B. Bassi, Esq.
MICHAEL B. BASSI, A Law
Corporation
333 Bush Street,
Suite 1100
San Francisco, CA 94104
Tel: (415) 986-8122
Fax: (415) 986-0733
mbbassi@bassilaw.com
Counsel for Plaintiffs
-2-
PROOF OF SERVICE
Preview
Malcolm D. Schick, Esq. - State Bar No. 118978 Erica C. Gonzalez, Esq. - State Bar No. 289557 G&P|ScHICK, A Professional Corporation 99 Almaden Boulevard, Suite 740 San Jose, California 95113-1605 Tel: (408) 995-5050; Fax: (408) 995-5150 Attorneys for Defendant, Cross- Defendant, and Cross-Complainant, HOLT REPAIR & MANUFACTURING, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN JOAQUIN MONA TOVAR, Individually and as Special Administrator of the Estate of Carlos Alexander Tovar, Deceased, and IZAIAH TOVAR and OLIVIA TOVAR, Minors, by and through their Guardian ad Litem, MONA TOVAR Case No. STK-CV-UPI-2018-10826 Judge: Roger Ross Dept.: 11B Complaint filed:8/30/2018 Trial: 09/16/2019 ) ) ) ) ) } ) NOTICE OF HOLT REPAIR & Plaintiffs, ) MANUFACTURING, INC.’S MOTION : ) FOR DETERMINATION OF GOOD v. ) FAITH SETTLEMENT ) ) ) ) ) ) ) ) ) ) pate: MAY 29 2019 Time: “G:oo0 Dept.: 11B BERNARD TE VELDE and REBECCA DEE TE VELDE, Trustees of the 2000 Te Velde Family Trust, HOLT REPAIR & MANUFACTURING, INC., and DOES 1 to 100, inclusive Defendants. PLEASE TAKE NOTICE, Defendant, HOLT REPAIR & MANUFACTURING, INC. (“HOLT”), and Plaintiffs MONA TOVAR, Individually and as Special Administrator of the Estate of Carlos Alexander Tovar, Deceased, and IZAIAH TOVAR and OLIVIA TOVAR, Minors, by and through their Guardian ad Litem, MONA TOVAR (hereinafter collectively referred to as “Plaintiffs”), have reached a settlement in this matter. Plaintiffs have agreed to accept the sum of One Million 12 sloDollars ($1,000,000) in exchange for a dismissal of all actual or potential claims against HOLT, with prejudice, and executing a release in favor of HOLT and its affiliates from all claims, past and future, arising out of or in any way related to the allegations which are the subject of this litigation. PLEASE TAKE FURTHER NOTICE that on , 2019 at 9:00 a.m. in Department __ of the above-entitled Court, located at 180 E Weber Ave, Stockton, CA 95202, HOLT will move the Court for an Order Granting it Motion for Determination of Good Faith Settlement Determination pursuant to California Code of Civil Procedure Sections 877 and 877.6. This Motion is based upon this Notice, the Memorandum of Points and Authorities, the Declaration of Erica C. Gonzalez, and the complete files and records of the action herein. REQUEST FOR BAR OF FUTURE CLAIMS PLEASE BE FURTHER ADVISED that 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 tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, as set forth in California Code of Civil Procedure §877.6(c). ~ DATED:__April 18, 2019 Gé&P|SCHICK Ma m Shhifk} Esq. Erifa C. Bonzafez} Esq. Att&rn. c endant, Cross-— Defendant, and Cross-Complainant, HOLT REPAIR & MANUFACTURING, INC. IN SETTLEMENTwon 27 28 TOVAR v. TE VELDE, et al. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN JOAQUIN CASE NO. STK-CV-UPI-2018~-10826 ' PROOF OF SERVICE I, the undersigned, declare that: I am over the age of 18 years and not a party to the case; I am employed in the County of Santa Clara, California, where the mailing occurs; and my business address is: 99 Almaden Boulevard, Suite 740, San Jose, CA 95113. On April 19, 2019, I caused to be served each of the interested parties in this action set forth in the below list the foregoing document(s) described as: > NOTICE OF HOLT REPAIR & MANUFACTURING, INC.’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT; » MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HOLT REPAIR & MANUFACTURING, INC.’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT; » DECLARATION OF ERICA C. GONZALEZ IN SUPPORT OF HOLT REPAIR & MANUFACTURING, INC.’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT; AND » [PROPOSED] ORDER GRANTING HOLT REPAIR & MANUFACTURING, INC.’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT (X) BY MAIL I am readily familiar with the business practice for collection and processing correspondence for mailing with the United States Postal Service. Under the practice, it would be deposited with United States Postal Service on that same day with postage thereon fully prepaid at San Jose, California, in the ordinary course of business. I caused such service by placing a true copy of each document in a separate envelope addressed to each addressee, respectively. () BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a Court order or an agreement of the parties to accept service by email or electronic transmission, I caused the document(s) to be sent from email address mvijil@gpschicklaw.com to the persons at the email addresses listed below in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and c and that this Declaration is executed on April 19, 2019, at/San Jdse, California. Jes Lacuesta -1- PROOF OF SERVICETOVAR v. TE VELDE, et al. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN JOAQUIN CASE NO. STK-CV-UPI-2018~-10826 PROOF OF SERVICE Doug S. Saeltzer, Esq. Craig A. Caldwell, Esq. Spencer Pahlke, Esq. LAW OFFICE OF SHAWN C. MOORE WALKUP, MELODIA, KELLY & 2251 Harvard Street, Suite 100 SCHOENBERGER Sacramento, CA 95815 650 California Street, Tel: (916) 921-9353 26 Floor Fax: (855) 214-7884 San Francisco, CA 94108-2615 craig.caldwell@nationwide.com Tel: (415) 981-7210 Fax: (415) 391-6965 Counsel for Defendants, dsaeltzer@walkuplawoffice.com BERNARD TE VELDE and REBECCA spahlke@walkuplawoffice.com DEE TE VELDE, Trustees of the 2000 Te Velde Family Trust Michael B. Bassi, Esq. MICHAEL B. BASSI, A Law Corporation 333 Bush Street, Suite 1100 San Francisco, CA 94104 Tel: (415) 986-8122 Fax: (415) 986-0733 mbbassi@bassilaw.com Counsel for Plaintiffs -2- PROOF OF SERVICE