NAILOR VS. THE WALSH GROUP, INC., ET AL

Case No.: SCRDCVFL00-0000000-000    

Tentative on Motion for Order Determining Good Faith Settlement (Blankenship): Objections to Declaration of William Ocken. Rola-Chem submitted four objections to the Declaration of William C. Ocken, which was filed on December 4, 2019 in conjunction with the Motion for Determination of Good Faith Settlement. Many of the objections to the declaration of counsel rely on the case of People v. Richardson (2008) which the prosecutor repeatedly emphasized a study relied on by an expert. The Court stated that statements by counsel are not evidence. The Richardson opinion did not stand for the proposition that declarations by counsel must therefore be ignored by courts. The Court rules as follows:
information available at the time of mediation . . . Sun Oaks Tennis and Fitness Center.” Overruled otherwise.
Merits of the Motion. The California Supreme Court case of Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies unde........