. 1 DAVID H. SCHW AR1Z (SBN 62693 ANGELINE O'DONNELL (SBN 258748 2 LAW OFFICES OF DAVID H. SCHWARTZ, INC. 601 California Street, Suite 1800 3 San Francisco, CA 94108-2823 Tel: (415 399-9301 4 Fax: (415 399-9878 E-mail: dhs@l6dhs.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. 15 16 BERKELEY TOWN HOUSE COOPERATIVE CORPORATION, 17 ALMALEE HENDERSON, JUDITH WEHLAU, CHARLES TUGGLE, 18 KATHERINE MILES, NANCY 19 EPANCHIN, RAYMOND DIRODIS, RITA 22 23 ZWERDLING, CHERYL L. SAMSON, DOES 1 THROUGH 100, INCLUSIVE, Defendants. 24 AND RELATED CROSS-ACTION. Case No.: RG126088 OFFER TO COMPROMISE [C.C.P. 998] Complex Case Designation Action Filed March 6, 12 25 26 TO DEFENDANTS ALMALEE HENDERSON, JUDIT1I WEHLAU, CHARLES 27 TUGGLE, KATHERINE MILES, NANCY EPANCHIN, RAYMOND DIRODIS, RITA 28
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; 10 3. 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; 12 4. 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. 16 17 DATED: October 29,13 LAW OFFICES OF DAVID H. SCHWARTZ, INC. 18 19 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
LAW OFFICE OF CESARI, WERNER AND y: Dennis Moriarty Attorneys for Defendant Berke ey Town House Cooperative Corporation
PROOF OF SERVICE Pool v. Berkeley Town House Cooperative Corp., eta/. 2 Alameda County Superior Court Case No.: RG126088 3 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 94704. 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. 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 998 9 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 12 601 California Street, Suite 1800 San Francisco, CA 94108 13 Tel: (415 399-9301 Fax: (415 399-9878 14 (Attorneys for Plaintiff Jonathan Pool 15 Franklin C. Aghassi, Esq. 16 Brady, Vorwerck, Ryder & Caspino 1855 Gateway Blvd., Suite 650 17 Concord, CA 945 Tel: (925 274-9500 18 Fax: (925 274-9501 (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 94526-08 Tel: (925 837-0585 Fax: (925 838-5985 (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 94108-4908 Tel: (415 391-1113 Fax: (415 391-4626 (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 email 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 94 704 Phone (510 546-7 74 Fax (510 548-7488
'... 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 23 24 25 26 27 28 Buresh, Kaplan, Fellar & Chang 22% Durant Avenue Berbley, CA 94704 Phone (510 548-747-4 Fax (510 548-7488