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Julie D. McElroy - 160542
JACOBSEN & McELROY PC
2401 American River Drive, Suite 100
Sacramento, CA 95825
Tel. (916) 971-4100
Fax (916) 971-4150
jmcelroy@ejacobsenmcelroy.com
Attorneys for Cross-Defendant
BRUCE MECHANICAL, INC. (ROE 1)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
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SHANNON GAINES; Case No.: 17CV3 08393
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ACTION FILED: 04/10/17
12 Plaintiff,
NOTICE OF ENTRY OF ORDER
13 vs. GRANTING CROSS-DEFENDANT, BRUCE
14 MECHANICAL, INC.’S MOTION FOR
T. MILLER CONSTRUCTION, INC. GOOD FAITH SETTLEMENT
15 and DOES 1-25, inclusive,
16 Defendants.
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T. MILLER CONSTRUCTION, INC.,
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Cross-Complainant,
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vs.
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21 ROES 1-300, inclusive,
22 Cross-Defendants.
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24 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
25 NOTICE IS HEREBY GIVEN that on November 3, 2020, cross-defendant,
26 BRUCE MECHANICAL, INC.’S motion for good faith settlement was scheduled
27 for hearing in Department 6 of the above-entitled court. A tentative
28 ruling was issued on November 2, 2020 GRANTING the motion. No hearing
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NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE MECHANICAL, INC.’S MOTION FOR GOOD FAITH
SETTLEMENT
was requested. The order on said motion was signed and filed on November
3, 2020.
A copy of the order is attached hereto.
DATED: November 11, 2020 JACOBSEN & McELROY PC
By:_
<<
Julie McElroy
LLL,
Attefneys for Cross-Defendant
BRUCE MECHANICAL, INC. (ROE 1)
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NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE MECHANICAL, INC.‘S MOTION FOR GOOD FAITH
SETTLEMENT
CERTIFICATE OF SERVICE
CRC_RULE 2.260; CCP_§1013(a)
I, Tara Reich, declare:
I
am a citizen of the United States, am over the age of eighteen
years, and am not a party to or interested in the within entitled case.
My business address is 2401 American River Drive, Suite 100,
Sacramento, California 95825. My electronic notification address is
treich@jacobsenmcelroy.com,
On November 11, 2020, I served the following document(s) on the
parties in the within action:
10 NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE
MECHANICAL, INC.‘S MOTION FOR GOOD FAITH SETTLEMENT
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BY ELECTRONIC SERVICE: I am familiar with the business practice
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for electronic service. The above-described document(s was/were
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served electronically and the transmission was reported as complete
and without error to the parties listed on the service list with File
14 & Serve Xpress. This service complies with the court’s order in this
case.
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I declare under penalty of perjury under the laws of the State of
17 California that the foregoing is a true and correct statement, and
that this Certificate was executed on November 11, 2020.
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é
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TARA REICH
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NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE MECHANICAL, INC,‘S MOTION FOR GOOD FAITH
SETTLEMENT
F ILE
NOV ~8 2020
oon ek of the Court
Clara
BY.
WRAL
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
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12 Shannon Gaines 17CV308393
Plaintiff,
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vs.
Order Granting Bruce Mechanical’s
14 Motion for Good Faith Settlement
T. Miller Construction Inc. et al
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Defendants,
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20 This matter came on for hearing before the Honorable Maureen A. Folan on November
21 3, 2020 at 9:00 a.m. in Department 6. The Court posted its tentative tuling by November 2,
22 2020 and no party contested the ruling. Accordingly, the Court makes the following order:
23 Cross-Defendant Bruce Mechanical Inc‘s Motion to Approve Good Faith Settlement is
24 UNOPPOSED and GRANTED, good cause appearing. The Court has considered all of the
25 factors set forth in Tech-Bilt v. Woodward-Clyde & Associates (1985) 38 Cal. 3d. 488 and finds
26 this settlement to be in good faith pursuant to Code of Civil Procedure 877.6. Accordingly,
the
sat
27 Court issues this order which bars any other joint tortfeasor or co-obligor from any further
claims
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EC
Nov
ORDER
bY. a
1 }/against Bruce Mechanical Inc. for equitable comparative contribution or partial or comparative
2 indemnity, based on comparative negligence or comparative fault.
La, [fe
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[l. 3-oe
Maureen A. Folan
Judge of the Superior Court
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ORDER
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
DOWNTOWN COURTHOUSE
191 NoRTH FIRST STREET
is SAN JOSE, CALIFORNIA 95113
CIVIL DIVISION
Julie Diane McElroy
Jacobsen & McElroy PC
2401 American River Dr #100
Sacramento CA 95825
RE: Shannon Gaines vs T. Miller Construction, Inc.
Case Number: 17CV308393
PROOF OF SERVICE
ORDER GRANTING BRUCE MECHANICANICAL'S MOTION FOR GOOD FAITH SETTLEMENT was
delivered to the parties listed below the above entitled case as set forth in the sworn declaration below.
If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with
Disabilities Act, please contact the Court Administrator's office at (408) 882-2700, or use the Court's TDD line (408) 882-2690 or the
Voice/TDD California Relay Service (800) 735-2922.
DECLARATION OF SERVICE BY MAIL: | declare that | served this notice by enclosing a true copy in a sealed envelope, addressed to
each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose,
CA on November 03, 2020. CLERK OF THE COURT, by Stacie Marshall, Deputy.
ce: Daniel Joseph Mash McPharlin Sprinkles & Thomas LLP 160 W Santa Clara #625 San Jose CA 95113
Todd Allen Fischer 2511 Garden Rd Ste B 270 Monterey CA 93940-5551
Timothy James McCaffery 1777 Botelho Drive Ste 360 WALNUT CREEK CA 94596
Jordan Allen Rodman Rodman & Associates PC 149 Stony Circle Suite 210 Santa Rosa CA 95401
Paul Damien Caleo Burnham Brown 1901 Harrison Street Suite 1300 OAKLAND CA 94612
Kevin P Lee Mokri Vanis & Jones LLP 2251 Fair Oaks Blvd Ste 100 SACRAMENTO CA 95825
Candice N Hamant Tyson & Mendes LLP 371 Bel Marin Keys Blvd Suite 100 Novato CA 94949
Sally Ann Williams 555 Soquel Ave Suite 380 Santa Cruz CA 95062
Emmett Edward Seltzer Kahana & Feld LLP 505 14th street Ste 1240 OAKLAND CA 94612
Kathleen Cheatum Miller OBrien Law PC 755 Baywood Dr Suite 185 Petaluma CA 94954
Peter James Linn Bishop | Barry 6001 Shellmound St Suite 875 Emeryville CA 94608
ECE,
NOV 66 2020
CW-9027 REV 12/08/16 PROOF OF SERVICE i
BY
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Julie D. McElroy - 160542 JACOBSEN & McELROY PC 2401 American River Drive, Suite 100 Sacramento, CA 95825 Tel. (916) 971-4100 Fax (916) 971-4150 jmcelroy@ejacobsenmcelroy.com Attorneys for Cross-Defendant BRUCE MECHANICAL, INC. (ROE 1) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 SHANNON GAINES; Case No.: 17CV3 08393 11 ACTION FILED: 04/10/17 12 Plaintiff, NOTICE OF ENTRY OF ORDER 13 vs. GRANTING CROSS-DEFENDANT, BRUCE 14 MECHANICAL, INC.’S MOTION FOR T. MILLER CONSTRUCTION, INC. GOOD FAITH SETTLEMENT 15 and DOES 1-25, inclusive, 16 Defendants. 17 T. MILLER CONSTRUCTION, INC., 18 Cross-Complainant, 19 vs. 20 21 ROES 1-300, inclusive, 22 Cross-Defendants. 23 24 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 25 NOTICE IS HEREBY GIVEN that on November 3, 2020, cross-defendant, 26 BRUCE MECHANICAL, INC.’S motion for good faith settlement was scheduled 27 for hearing in Department 6 of the above-entitled court. A tentative 28 ruling was issued on November 2, 2020 GRANTING the motion. No hearing -1- NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE MECHANICAL, INC.’S MOTION FOR GOOD FAITH SETTLEMENT was requested. The order on said motion was signed and filed on November 3, 2020. A copy of the order is attached hereto. DATED: November 11, 2020 JACOBSEN & McELROY PC By:_ << Julie McElroy LLL, Attefneys for Cross-Defendant BRUCE MECHANICAL, INC. (ROE 1) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE MECHANICAL, INC.‘S MOTION FOR GOOD FAITH SETTLEMENT CERTIFICATE OF SERVICE CRC_RULE 2.260; CCP_§1013(a) I, Tara Reich, declare: I am a citizen of the United States, am over the age of eighteen years, and am not a party to or interested in the within entitled case. My business address is 2401 American River Drive, Suite 100, Sacramento, California 95825. My electronic notification address is treich@jacobsenmcelroy.com, On November 11, 2020, I served the following document(s) on the parties in the within action: 10 NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE MECHANICAL, INC.‘S MOTION FOR GOOD FAITH SETTLEMENT 11 BY ELECTRONIC SERVICE: I am familiar with the business practice 12 for electronic service. The above-described document(s was/were 13 served electronically and the transmission was reported as complete and without error to the parties listed on the service list with File 14 & Serve Xpress. This service complies with the court’s order in this case. 15 16 I declare under penalty of perjury under the laws of the State of 17 California that the foregoing is a true and correct statement, and that this Certificate was executed on November 11, 2020. 18 é 19 TARA REICH 20 21 22 23 24 25 26 27 28 -3- NOTICE OF ENTRY OF ORDER GRANTING CROSS-DEFENDANT, BRUCE MECHANICAL, INC,‘S MOTION FOR GOOD FAITH SETTLEMENT F ILE NOV ~8 2020 oon ek of the Court Clara BY. WRAL SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 10 11 12 Shannon Gaines 17CV308393 Plaintiff, 13 vs. Order Granting Bruce Mechanical’s 14 Motion for Good Faith Settlement T. Miller Construction Inc. et al 15 Defendants, 16 17 18 19 20 This matter came on for hearing before the Honorable Maureen A. Folan on November 21 3, 2020 at 9:00 a.m. in Department 6. The Court posted its tentative tuling by November 2, 22 2020 and no party contested the ruling. Accordingly, the Court makes the following order: 23 Cross-Defendant Bruce Mechanical Inc‘s Motion to Approve Good Faith Settlement is 24 UNOPPOSED and GRANTED, good cause appearing. The Court has considered all of the 25 factors set forth in Tech-Bilt v. Woodward-Clyde & Associates (1985) 38 Cal. 3d. 488 and finds 26 this settlement to be in good faith pursuant to Code of Civil Procedure 877.6. Accordingly, the sat 27 Court issues this order which bars any other joint tortfeasor or co-obligor from any further claims 28 EC Nov ORDER bY. a 1 }/against Bruce Mechanical Inc. for equitable comparative contribution or partial or comparative 2 indemnity, based on comparative negligence or comparative fault. La, [fe 3 [l. 3-oe Maureen A. Folan Judge of the Superior Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE 191 NoRTH FIRST STREET is SAN JOSE, CALIFORNIA 95113 CIVIL DIVISION Julie Diane McElroy Jacobsen & McElroy PC 2401 American River Dr #100 Sacramento CA 95825 RE: Shannon Gaines vs T. Miller Construction, Inc. Case Number: 17CV308393 PROOF OF SERVICE ORDER GRANTING BRUCE MECHANICANICAL'S MOTION FOR GOOD FAITH SETTLEMENT was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator's office at (408) 882-2700, or use the Court's TDD line (408) 882-2690 or the Voice/TDD California Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: | declare that | served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on November 03, 2020. CLERK OF THE COURT, by Stacie Marshall, Deputy. ce: Daniel Joseph Mash McPharlin Sprinkles & Thomas LLP 160 W Santa Clara #625 San Jose CA 95113 Todd Allen Fischer 2511 Garden Rd Ste B 270 Monterey CA 93940-5551 Timothy James McCaffery 1777 Botelho Drive Ste 360 WALNUT CREEK CA 94596 Jordan Allen Rodman Rodman & Associates PC 149 Stony Circle Suite 210 Santa Rosa CA 95401 Paul Damien Caleo Burnham Brown 1901 Harrison Street Suite 1300 OAKLAND CA 94612 Kevin P Lee Mokri Vanis & Jones LLP 2251 Fair Oaks Blvd Ste 100 SACRAMENTO CA 95825 Candice N Hamant Tyson & Mendes LLP 371 Bel Marin Keys Blvd Suite 100 Novato CA 94949 Sally Ann Williams 555 Soquel Ave Suite 380 Santa Cruz CA 95062 Emmett Edward Seltzer Kahana & Feld LLP 505 14th street Ste 1240 OAKLAND CA 94612 Kathleen Cheatum Miller OBrien Law PC 755 Baywood Dr Suite 185 Petaluma CA 94954 Peter James Linn Bishop | Barry 6001 Shellmound St Suite 875 Emeryville CA 94608 ECE, NOV 66 2020 CW-9027 REV 12/08/16 PROOF OF SERVICE i BY