) Plaintiff, ) Defendants. ) )

Size: px

Start display at page:

Download ") Plaintiff, ) Defendants. ) )"

Barnaby Phillips
10 years ago
Views:

1 . 1 DAVID H. SCHW AR1Z (SBN ANGELINE O'DONNELL (SBN LAW OFFICES OF DAVID H. SCHWARTZ, INC. 601 California Street, Suite San Francisco, CA Tel: ( Fax: ( [email protected] Attorneys for Plaintiff JONATHAN POOL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA UNLIMITED JURISDICTION JONATHAN POOL, Plaintiff, vs BERKELEY TOWN HOUSE COOPERATIVE CORPORATION, 17 ALMALEE HENDERSON, JUDITH WEHLAU, CHARLES TUGGLE, 18 KATHERINE MILES, NANCY 19 EPANCHIN, RAYMOND DIRODIS, RITA ZWERDLING, CHERYL L. SAMSON, DOES 1 THROUGH 100, INCLUSIVE, Defendants. 24 AND RELATED CROSS-ACTION. Case No.: RG OFFER TO COMPROMISE [C.C.P. 998] Complex Case Designation Action Filed March 6, TO DEFENDANTS ALMALEE HENDERSON, JUDIT1I WEHLAU, CHARLES 27 TUGGLE, KATHERINE MILES, NANCY EPANCHIN, RAYMOND DIRODIS, RITA 28

com 5 6 7 Attorneys for Plaintiff JONATHAN POOL 8 9 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA UNLIMITED JURISDICTION 12 13 14 JONATHAN POOL, Plaintiff, vs.

2 1 ZWERDLING, AND THEIR ATTORNEY OF RECORD, and TO DEFENDANT BERKELEY 2 TOWN HOUSE COOPERATIVE CORPORATION AND ITS ATIORNEY OF RECORD: 3 Pursuant to Code of Civil Procedure 998, Plaintiff Jonathan Pool offers to have a 4 judgment entered in Plaintiffs favor in this action as follows: 5 1. On the First Cause of Action for the sum of $224,415 paid to the Defendant 6 Berkeley Town House Cooperative Corporation ("BTHCC"; 7 2. Defendants waive any right to indemnification or reimbursement from BTHCC 8 for said sum or for attorney's fees and/or costs of litigation paid by them in 9 connection with this action; Plaintiff, personally and on behalf of BTHCC, will waive any remaining claim in 11 this action for monetary relief against any individual Defendant or BTHCC; Plaintiff will retain the right to apply for reimbursement of attorney's fees and 13 costs to be paid by BTHCC to Plaintiff for prosecuting the action. 14 You may indicate your acceptance of this offer by signing the statement to that effect set 15 forth below DATED: October 29,13 LAW OFFICES OF DAVID H. SCHWARTZ, INC avid H. Schwartz Attorneys fo. r Plaintiff Jonathan Pool 22, Defendants, and each of them, accept the above offer on the terms stated. BURESH, KAPLAN, FELLER & CHANG y: Fre M. Pel er Attorneys for Defendants Almalee Henderson, Judith Wehlau, Charles Tuggle, Katherine Miles, Nancy Epanchin, Raymond Dirodis, Rita Zwerdling

On the First Cause of Action for the sum of $224,415 paid to the Defendant 6 Berkeley Town House Cooperative Corporation ("BTHCC"; 7 2.

3 LAW OFFICE OF CESARI, WERNER AND y: Dennis Moriarty Attorneys for Defendant Berke ey Town House Cooperative Corporation

4 PROOF OF SERVICE Pool v. Berkeley Town House Cooperative Corp., eta/. 2 Alameda County Superior Court Case No.: RG I am employed in Alameda County, California. I am over eighteen (18 years of age and not a party to this action or proceeding; my business address is 2298 Durant Avenue, Berkeley, 4 California I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence 6 so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. 7 On November 19,13, I served the original of the following document: 8 OFFER TO COMPROMISE [CCP on the parties to this action by placing original thereof in a sealed envelope, addressed as follows: 10 David H. Schwartz, Esq. 11 Angeline O'Donnell, Esq. Law Offices of David H. Schwartz California Street, Suite 1800 San Francisco, CA Tel: ( Fax: ( (Attorneys for Plaintiff Jonathan Pool 15 Franklin C. Aghassi, Esq. 16 Brady, Vorwerck, Ryder & Caspino 1855 Gateway Blvd., Suite Concord, CA 945 Tel: ( Fax: ( (Attorneys for Cross-Defendants Esteban 19 Cardiel dba Cardiel Floor Covering Charles A. Koss, Esq. Gagen McCoy 279 Front Street P. 0. Box 8 Danville, CA Tel: ( Fax: ( (Attorneys for Cross Defendants Garry Secrest and American Pacific Coatings, Inc, Dennis F. Moriarty, Esq. Cesari, Werner and Moriarty 360 Post Street, Fifth Floor San Francisco, CA Tel: ( Fax: ( (Attorneys for Defendant and Cross Complainant Berkeley Town House Cooperative Corporation X (BY MAIL: By placing a true copy thereof enclosed in a sealed envelope with postage 22 thereon fully prepaid, in accordance with the above business practice, as addressed above. 23 (BY FACSIMILE: By transmitting a facsimile copy of the same, to the number listed above. 24 (BY ELECTRONIC MAIL: By sending the above document via electronic mail to the 25 address(es listed above today. I did not receive, within a reasonable time aft.er the transmission, any electronic message or other indication that the transmission was 26 unsuccessful. 27 (BY HAND-DELIVERY: By arranging hand-delivery of a copy of the same to the person(s identified above. 28 BUI9sh, Kaplan. F.Uer & ChanQ 2298 DurantA""nue Berl<eley, CA Phone ( Fax (

5 I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service.

5 '... 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 2 3 Executed on November 19, 13, at Berkeley 4 Laura Talesnik Buresh, Kaplan, Fellar & Chang 22% Durant Avenue Berbley, CA Phone ( Fax (

2 3 Executed on November 19, 13, at Berkeley 4 Laura Talesnik 5 6 7 8 9 10 11 12 13 14

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA 11111111111111111111111111111111111111111111111111 *11466850* ~ 1 2 3 4 5 6 7 Franklin C. Aghassi/SBN 159355 BRADY, VORWERCK, RYDER & CASPNO A Law Corporation. 1855 Gateway Boulevard, Suite 650 Concord,