Tyurina v. Urbana Tahoe TC LLC et al

Filing 50

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 3/5/2018 FINDING that the settlement between the plaintiff and the defendant, Action Motorsports of Tahoe, Inc., is in good faith pursuant to the provisions of California Code of Civil Procedure section 877, et seq.; GRANTING 39 Motion for good faith settlement; DISMISSING all claims for non-contractual indemnity and contribution by defendants Urbana Tahoe TC LLC and/or Urbana Tahoe Beverage Company, LLC, dba Beach Retreat and Lodge at Tahoe, as to Action Motorsports of Tahoe, Inc. with prejudice. (Michel, G.)

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JAMES R. PAGLIERO, ESQ. – SBN 095898
PAGLIERO & ASSOCIATES
A Professional Corporation
5701 Marconi Avenue
Carmichael, CA 95608
[phone] Fax: [phone]
Attorneys for Defendant
Action Motorsports of Tahoe, Inc.

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UNITED STATE DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELENA TYURINA,

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Plaintiff,
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v.
URBANA TAHOE TC LLC;
URBANA TAHOE BEVERAGE
COMPANY, LLC dba Beach Retreat
and Lodge Tahoe; ACTION
MOTORSPORTS OF TAHOE, INC.,
Defendants.

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Case Number: 16-cv-00759-TLN-DB

STIPULATION
AND
ORDER
REGARDING DETERMINATION OF
GOOD
FAITH
SETTLEMENT
[PURSUANT TO CODE CIV. PROC., §
877.6] BETWEEN PLAINTIFF AND
DEFENDANT
ACTION
MOTORSPORTS OF TAHOE, INC.

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The parties, through their undersigned attorneys, hereby stipulate and agree as

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follows:

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1.

Settlement has been reached between plaintiff Elena Tyurina and defendant

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Action Motorsports of Tahoe, Inc. (“Action Motorsports”). As a result, Action

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Motorsports filed a motion for a determination that the settlement was in good faith

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pursuant to California Code of Civil Procedure section 877.6. Plaintiff joined in that
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Stipulation and Order Regarding Determination of Good Faith Settlement
Between Plaintiff and Defendant Action Motorsports of Tahoe, Inc.

Tyurina v. Urbana Tahoe
16-cv-00759-TLN-DB

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motion.
2.

The parties stipulate that the settlement between plaintiff and Action

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Motorsports is in good faith pursuant to California Code of Civil Procedure section

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877.6. The parties further stipulate that the court may issue an order granting that motion

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and dismissing all claims by defendants Urbana Tahoe TC LLC and Urbana Tahoe

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Beverage Company for non-contractual indemnity and contribution as to Action

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Motorsports of Tahoe, Inc.
Respectfully Submitted,

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Dated: March 1, 2018

DREYER BABICH BUCCOLA WOOD CAMPORA

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By: /s/ Roger A. Dreyer
Roger A. Dreyer, Esq.
Attorney for Plaintiff
Elena Tyurina

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Dated: March 1, 2018

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By: /s/ Valerie N. Rose,
Valerie N. Rose, Esq.
Attorney for Plaintiff
Elena Tyurina

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WALKUP, MELODIA, KELLY & SCHOENBERGER

Dated: March 1, 2018

Rushford & Bonotto, LLP

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By: /s/ James W. Rushford
James W. Rushford, Esq.
Attorney for Defendants Urbana Tahoe TC LLC,
and Urbana Tahoe Beverage Company, LLC

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Dated: March 1, 2018

Pagliero & Associates
A Professional Corporation

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By: /s/ James R. Pagliero
James R. Pagliero, Esq.
Attorney for Defendant
Action Motorsports of Tahoe, Inc.
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Stipulation and Order Regarding Determination of Good Faith Settlement
Between Plaintiff and Defendant Action Motorsports of Tahoe, Inc.

Tyurina v. Urbana Tahoe
16-cv-00759-TLN-DB

ORDER

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Based on the foregoing stipulation, and good cause appearing therefor, the Court
rules as follows:

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1. The Court finds the settlement between plaintiff and defendant Action

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Motorsports of Tahoe, Inc. is in “good faith” pursuant to the provisions of California

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Code of Civil Procedure section 877, et seq.

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2. The motion by defendant Action Motorsports of Tahoe, Inc. for determination

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of good faith settlement relative to its settlement with plaintiff, and in which plaintiff

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joined, is hereby granted.

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3. All claims for non-contractual indemnity and contribution by defendants

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Urbana Tahoe TC LLC and/or Urbana Tahoe Beverage Company, LLC, dba Beach

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Retreat and Lodge at Tahoe, as to Action Motorsports of Tahoe, Inc., whether or not such

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claims for non-contractual indemnity and contribution are stated in the counterclaim by

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the Urbana entities, are hereby dismissed with prejudice.

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Dated: March 5, 2018

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Troy L. Nunley
United States District Judge

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Stipulation and Order Regarding Determination of Good Faith Settlement
Between Plaintiff and Defendant Action Motorsports of Tahoe, Inc.

Tyurina v. Urbana Tahoe
16-cv-00759-TLN-DB