Nature of Proceedings: Motion to Vacate Notice of Settlement
Santa Barbara County Superior Court
Department 5
Judge Colleen K. Sterne

Tentative Ruling
May 21, 2012

Case: American Recovery Service, Inc. v. H & H Roofing Company, Inc., Case No. 1372568
Matter: Application to Vacate Notice of Settlement
Tentative Ruling:

Plaintiff’s application for order vacating the notice of settlement is denied as untimely.

Discussion:

This is an action for breach of contract, open book account, account stated, and quantum meruit arising out of a written advertising agreement between SuperMedia, LLC, and defendant H & H Roofing Company, Inc. for advertising space in the Verizon Super Pages directory. Prior to the commencement of the action, the claims sued upon were assigned to plaintiff American Recovery Service, Inc. Plaintiff alleges that it is owed the sum of $43,010.85, together with interest.
Defendant H & H Roofing is a suspe