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

Filing 139

STIPULATION for Filing of Defendant Gregory Smith'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 ORDER thereon, signed by Magistrate Judge Barbara A. McAuliffe on 6/27/2013. (Herman, H)

1
2
3

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

4
5

Attorneys for Defendant
Gregory Smith

6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
9
10

VIOLA COPPOLA, GARY COPPOLA, and
THE TRUST OF ANTHONY M. COPPOLA,

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

11

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

Plaintiffs,
12
13
14
15
16
17
18

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,

19
20
21

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

22
23
24
25
26
27
28
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
STIPULATION AND ORDER ALLOWING SMITH TO FILE AMENDED ANSWER TO FOURTH AMENDED COMPLAINT

1
2
3

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.

4
5
6
7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

as follows:

17

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

18

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

19

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

20

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

21
22

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

23

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

24

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

25

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

26
27
28
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)).
2
STIPULATION AND ORDER ALLOWING SMITH TO FILE AMENDED ANSWER TO FOURTH AMENDED COMPLAINT

1
2

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”.

3

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

4

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

5
6

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

GUALCO LAW

7
8

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

9
10
Dated: June 17, 2013

GREBEN & ASSOCIATES

11
12
By: /s/ Jan A. Greben (as authorized on 6/17/13)
JAN A. GREBEN
Attorneys for Plaintiffs and Counter-Defendants
Viola Coppola, Gary Coppola and the Trust of
Anthony M. Coppola

13
14
15
Dated: June 11, 2013

WILLIAMS, BRODERSEN & PRITCHETT LLP

16
17
18

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

19
20
21
22
23
24
25
26
27
28
GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

3
STIPULATION AND ORDER ALLOWING SMITH TO FILE AMENDED ANSWER TO FOURTH AMENDED COMPLAINT

1

ORDER

2

Based on the above stipulation, and good cause shown, the Court orders that Defendant

3

Gregory Smith be allowed to file the Amended (1) Answer to Fourth Amended Complaint; (2)

4

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

5

for Jury Trial. Smith shall file any amended pleading as a separate document(s) in the Court’s

6

file.

7

IT IS SO ORDERED.

8

Dated:

/s/ Barbara

June 27, 2013

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

4
STIPULATION AND ORDER ALLOWING SMITH TO FILE AMENDED ANSWER TO FOURTH AMENDED COMPLAINT