Viola Coppola, et al v. Gregory Smith, et al

Filing 135

STIPULATION and ORDER for Filing of Defendant Richard Laster's Amended (1) Answer to Fourth Amended Complaint; (2) Counterclaims Against Plaintiff's; (3) Cross-Claims Against Other Defendants; and (4) Demand for Jury Trial, to Correct Typographical Errors; and Other Thereon, signed by Magistrate Judge Barbara A. McAuliffe on 6/20/2013. (Herman, H)

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LORI J. GUALCO, ESQ. (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
Richard Laster

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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VIOLA COPPOLA, GARY COPPOLA, and
THE TRUST OF ANTHONY M. COPPOLA,

Case No. 1:11-cv-01257-AWI-BAM

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STIPULATION AND ORDER FOR
FILING OF DEFENDANT RICHARD
LASTER’S AMENDED (1) ANSWER
TO FOURTH AMENDED
COMPLAINT; (2) COUNTERCLAIMS
AGAINST PLAINTIFFS; (3) CROSSCLAIMS AGAINST OTHER
DEFENDANTS; AND (4) DEMAND
FOR JURY TRIAL, TO CORRECT
TYPOGRAPHICAL ERRORS; AND
ORDER THEREON

Plaintiffs,
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v.
GREGORY SMITH, an individual,
RICHARD LASTER, an individual, THE
JANE HIGGINS NASH TRUST; JANE
NASH AS EXECUTOR OF THE ESTATE
OF DECATUR HIGGINS A/K/A THE
ESTATE OF MABEL ELAINE HIGGINS;
HARLEY MILLER, an individual; CHERYL
MILLER, an individual; MARTIN AND
MARTIN PROPERTIES; CALIFORNIA
WATER SERVICE COMPANY; the CITY
OF VISALIA, and DOES 1-20, inclusive,

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Defendants.
RICHARD LASTER, individually, and
formerly doing business as PARAGON
CLEANERS,

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

Counter-Complainant
and Cross-Complainant,
v.
VIOLA COPPOLA, GARY COPPOLA, THE
TRUST OF ANTHONY M. COPPOLA, THE
ESTATE OF JANE HIGGINS NASH AS
FORMER EXECUTRIX UNDER THE WILL
OF MABEL ELAINE HIGGINS, Deceased;
DAVID H. NASH, SUCCESSOR COTRUSTEE OF THE WILLIAM P. NASH JR.
AND JANE H. NASH REVOCABLE TRUST;
RICHARD P. NASH AS SUCCESSOR CO1

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TRUSTEE OF THE WILLIAM P. NASH JR.
AND JANE H. NASH REVOCABLE TRUST;
NASH PROPERTIES, LLC., a California
Limited Liability Company,
Counter-Defendants and
Cross-Defendants.

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AND RELATED CROSS-CLAIMS
Defendant Richard Laster (“Laster”), by and through his attorney of record, Gualco Law

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and Lori J. Gualco, Plaintiffs Viola Coppola, Gary Coppola and the Trust of Anthony M.

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Coppola (collectively “Coppola”) by and through their attorneys of record, Greben & Associates

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and Jan A. Greben, and Defendants The Estate of Jane Higgins Nash as Former Executrix Under

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the Will of Mabel Elaine Higgins, Deceased, David H. Nash, Successor Co-Trustee of the

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William P. Nash Jr. and Jane H. Nash Revocable Trust, Richard P. Nash as Successor Co-

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Trustee of the William P. Nash Jr. and Jane H. Nash Revocable Trust and Nash Properties, LLC.,

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a California Limited Liability Company (collectively “Nash”), by and through their attorneys of

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record, Williams, Brodersen & Pritchett LLP and Steven R. Williams, hereby stipulate and agree

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as follows:

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Laster may file an Amended (1) Answer to Fourth Amended Complaint; (2)

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Counterclaims Against Plaintiffs; (3) Cross-Claims Against Other Defendants; and (4) Demand

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for Jury Trial, attached hereto as Exhibit A, in order to correct the following typographical errors:

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1. The last paragraph of the Counterclaims, numbered Paragraph “42” on Page 23,

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which paragraph should be renumbered Paragraph “48”.
2. Renumbering the paragraphs in the Cross-Claims beginning on Page 23, under

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Common Allegations, Paragraph “48” should be renumbered Paragraph “49” and

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continuing through the Cross-Claims and ending with Paragraph “96” on Page 32.

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3. The title of the “Fourth” Counterclaim on Page 17 be corrected to read the “Third”

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

Counterclaim (Contribution under CERCLA § 113(f)).
4. The title of the “Fourth” Cross-Claim on Page 26 be corrected to read the “Third”
Cross-Claim (Contribution under CERCLA § 113(f)).
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5. In the Prayer, the heading reading “First, Second, Fourth and Fourth Counterclaims”
on Page 32, be corrected to read “First, Second, Third and Fourth Counterclaims”.

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6. In the Prayer, the heading reading “First, Second, Fourth and Fourth Cross-Claims”

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on page 33, be corrected to read “First, Second, Third and Fourth Cross-Claims”.

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IT IS SO AGREED AND STIPULATED.
Dated: June 17, 2013

GUALCO LAW

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By: /s/ Lori J. Gualco
LORI J. GUALCO
Attorney for Defendant, Cross-Complainant
and Cross-Defendant Richard Laster

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Dated: June 17, 2013

GREBEN & ASSOCIATES

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By: /s/ Jan A. Greben (as authorized on 6/17/13)
JAN A. GREBEN
Attorneys for Plaintiffs and CounterDefendants Viola Coppola, Gary Coppola and
the Trust of Anthony M. Coppola

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Dated: June 11, 2013

WILLIAMS, BRODERSEN & PRITCHETT LLP

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By: /s/ Steven R. Williams (as auth. on 6/11/13)
STEVEN R. WILLIAMS
Attorneys for Nash Defendants

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

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ORDER

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Having reviewed the parties Stipulation, IT IS HEREBY ORDERED:
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1)

Defendant Richard Laster’s request for leave to file an amended (a) Answer to the

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Fourth Amended Complaint (b) Counterclaims Against Plaintiffs; (c) Cross5
Claims Against Other Defendants; and (d) Demand for Jury Trial to correct
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typographical errors is GRANTED;
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2)

Defendant Laster shall file his Amended Pleading, attached to the stipulation as

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Exhibit A, as a separate entry in the docket for purposes of clarifying the record
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(Doc. 134-1).
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IT IS SO ORDERED.
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Dated:

/s/ Barbara

June 20, 2013

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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