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Attorney Peter Timothy Pittullo and Attorney Sissie Lee Barker P. Timothy PittulloSissie BarkerPittullo, Barker Associates Professional Negligence - Guilty - Case CIVRS1000068 - TIMOTHY MISHLER,ETAL -V- PITTULLO,HOWINGTON,BARKER Rancho Cucamonga California
7/7/14 Fees Paid
6/12/12 Settlement
BUYER BEWARE. ANOTHER VICTIM OF PITTULLO AND BARKER'S NEGLIGENCE!
THE COURT FINDS THAT THE SUM OF $320,000.00 IS "IN THE BALL PARK" OF PITTULLO, HOWINGTON, BARKER, AND ABERNATHYS LIABILITY FOR NEGLIGENTLY FAILING TO PROTECT THE MINORS SHARE AND ADDITIONAL APPROXIMATELY $160,980.00 IN CALPERS BENEFITS PAID TO THE EMBEZZLING GUARDIANS |
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OF THE MASSACHUSETTS MUTUAL LIFE INSURANCE POLICY PROCEEDS OF APPROXIMATELY $318,150.00 AND THE |
ADDITIONAL APPROXIMATELY $160,980.00 IN CALPERS BENEFITS PAID TO THE EMBEZZLING GUARDIANS, UNDER |
TECH-BILT FACTORS. |
MOTION RE: (070811) FOR DETERMINATION OF GOOD FAITH SETTLEMENT FILED BY PLAINTIFF TIMOTHY GENE MISHLER, MARIAH RODRIGUEZ, NATHAN RODRIGUEZ
08/25/2011 - 8:30 AM DEPT. R9
BARRY L PLOTKIN, JUDGE |
CLERK: MARY ELLEN MURAWA |
COURT REPORTER ROCIO GONZALEZ 10911 |
COURT ATTENDANT PHILIP COOPER |
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APPEARANCES: |
ATTORNEY TOM A NUNZIATO PRESENT FOR PLAINTIFF/PETITIONER. |
ATTORNEY CECILIA PRECIADO PRESENT FOR PITTULLO HOWINGTON BARKER AND ABERNATHY. |
ATTORNEY MICHAEL G DAWSON PRESENT FOR FERNANDO MICHAEL RODRIGUEZ III. |
ATTORNEY ANDREW S WILLIAMS PRESENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE. |
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PROCEEDINGS: |
PREDISPOSITION HEARING HELD |
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MOTION |
TIMOTHY GENE MISHLER, MARIAH RODRIGUEZ, NATHAN RODRIGUEZ'S MOTION TO /FOR DETERMINATION OF GOOD FAITH SETTLEMENT IS HEARD. |
COURT GIVES TENTATIVE RULING. |
ARGUED BY COUNSEL AND SUBMITTED. |
COURT ADOPTS TENTATIVE RULING. |
TIMOTHY GENE MISHLER, MARIAH RODRIGUEZ, NATHAN RODRIGUEZ'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT IS GRANTED. |
THE COURT FINDS THAT THE SUM OF $320,000.00 IS "IN THE BALL PARK" OF PITTULLO, HOWINGTON, |
BARKER, AND ABERNATHYS LIABILITY FOR NEGLIGENTLY FAILING TO PROTECT THE MINORS SHARE |
OF THE MASSACHUSETTS MUTUAL LIFE INSURANCE POLICY PROCEEDS OF APPROXIMATELY $318,150.00 AND THE |
ADDITIONAL APPROXIMATELY $160,980.00 IN CALPERS BENEFITS PAID TO THE EMBEZZLING GUARDIANS, UNDER |
TECH-BILT FACTORS. |
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THE ISSUE OF MASSACHUSETTS MUTUALS POTENTIAL RIGHT TO SETOFF BY THE AMOUNT OF PITTULLO, |
HOWINGTON, BARKER, AND ABERNATHYS SETTLEMENT IS PREMATURE AND, IN FACT, NOT BEFORE THE COURT AT |
THIS TIME. THE ISSUE WILL ARISE WHEN AND IF THERE IS A VERDICT AGAINST MASSACHUSETTS MUTUAL. |
AS IN DELLOCCA V. BANK OF NEW YORK TRUST CO. (2008) 159 CAL.APP.4TH 531, 559-561, THE COURT |
SHOULD DECLINE TO DECIDE THE SETOFF ISSUE AT THIS TIME. |
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THE COURT GRANTS PLAINTIFFS MOTION FOR GOOD FAITH SETTLEMENT WITH PITTULLO, HOWINGTON, |
BARKER, AND ABERNATHY, FINDING THAT IT DOES NOT INCLUDE ANY BINDING ALLOCATION OF SETTLEMENT |
PROCEEDS. |
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PLAINTIFFS COUNSEL TO PREPARE AND CIRCULATE ORDER AFTER HEARING. IF NO OBJECTIONS, COURT |
WILL SIGN ORDER. |
COUNSEL FOR PLAINTIFF TO GIVE NOTICE. |
ACTION - COMPLETE |
=== MINUTE ORDER END === |