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

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

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.  

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 ===