CONFORMED COpy

O~IGINAL FILED .
1 ADRIANOS FACCHETTI, ESQ. (S.B.N. 243213) Supiilnor Court of Ciiliforma
County of Los Angeles
LAW OFFICES OF ADRIANOS FACCHETTI, P .C.
2 301 E. Colorado Blvd, Suite 514 MAY 08 2018
3 Pasadena, California 91101
Telephone: (626) 793-8607 Sherri R. carter, Executive Officer/Clerk
4 Facsimile: (626) 793-7293 By Geoffrey Charles, Deputy
Email: adrianos@facchettilaw.com
5
6 BRUCED. RUDMAN, ESQ. (S.B.N. 184610)
ABDULAZIZ, GROSSBART & RUDMAN
7 6454 Coldwater Canyon Ave.
North Hollywood, CA 91606
8 Telephone: (818) 760-2000
Facsimile: (818) 760-3908
9 Email: bdr@agrlaw.com

10 Attorney for Defendants

11 GERARD C. DINOME and
MAGGIE L. DINOME
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 FOR THE COUNTY OF LOS ANGELES

14
HORUSICKY CONSTRUCTION, INC., a CASE NO. BC641229
15 California corporation,
[Assigned to for all purposes to Hon. Robert
16 Plaintiff, L. Hess, Dept. 24]

17 vs. STIPULATION BETWEEN PLAINTIFF

GERARD C. DINOME, an individual; HORUSICKY CONSTRUCTION, INC.
18 MAGGIE L. DINOME; an individual; and AND GERARD DINOME FOR ENTRY
DOES 1 - 200, Inclusive, OF JUDGMENT AND PERMANENT
19 INJUNCTION AND ORDER
Defendants.
20

21 GERARD C. DINOME and MAGGIE L.

22 DINOME;
23 Cross-Complainants
vs.
24
HORUSICKY CONSTRUCTION, INC., a
25 California corporation; MICHAEL
HORUS ICKY, JR., an individual;
26 SURETEC INDEMNITY COMPANY, a
California corporation; and ROES 1
27 through 20, inclusive,
28 Cross-Defendants.

{256923445} -1-
STIPULATION BETWEEN PLAINTIFF HORUSICKY CONSTRUCTION, INC. AND
GERARD DINOME FOR ENTRY OF JUDGMENT AND PERMANENT INJUNCTION
 1 IT IS HEREBY STIPULATED by and between counsel for plaintiff HORUS ICKY

2 CONSTRUCTION, INC. ("HORUS ICKY") and defendant GERARD DINOME (collectively

3 the "Parties"), that a judgment and permanent injunction shall be entered in favor of
4 HORUS ICKY and against GERARD DINOME with regard to certain statements alleged in the

5 defamation claim in HORUSICKY's First Amended Complaint, as follows:

6 1. GERARD DINOME published the following statements about HORUSICKY to

7 Ripoffreport.com at https://www.ripoffreport.com/reports/horusicky-construction-inc/pacific-
8 palisades-california-90272/horusicky-construction-inc-horusicky-pools-this-contractor-swapped-

9 cheaper-Iesser-qualit-1347932 (the "Statements"):

10 a. "After my pool work was completed (FOUR MONTHS LATE) my pool was
11 inspected and we discovered that Horusicky had swapped (WITHOUT OUR
12 KNOWLEDGE OR CONSENT) Pebble Sheen brand pool plaster for Stonescapes brand
13 which is in my opinion far cheaper and of much less quality than what I had ordered and
14 paid for." At the time Mr. DiNome published the above statement he genuinely believed
15 that the brand of pool plaster that HORUSICKY used was cheaper in price and of lesser
16 quality; however, he later learned that the material HORUS ICKY used was more costly.
17 To the extent the statement suggested that the pool plaster used was cheaper in price, it

18 was not accurate.

19 b. "My contract clearly states that Horusicky would use 4500 PSI shotcrete for my
20 pool structure but again WITHOUT MY KNOWLEDGE OR CONSENT Horusicky used
21 4000 PSI shotcrete which in my opinion is less strong and less expensive." At the time
22 Mr. DiNome published the above statement he genuinely believed, based on his
23 discussion with the manufacturer of the shotcrete, that the PSI of the shotcrete was 4000
24 PSI, and therefore, Mr. Dinome believed that the shotcrete used was less strong and less
25 expensive. However, Mr. Dinome was later informed that the specific shotcrete used for
26 this project was tested three times as over 4500 PSI. To the extent the statement
27 suggested that the PSI of the shotcrete was less than 4500 PSI, it was not accurate.
28 c. "My contract says that my pool was targeted to be completed in May of 2016 but
{256923445} -2-
STIPULATION BETWEEN PLAINTIFF HORUSICKY CONSTRUCTION, INC. AND
GERARD DINOME FOR ENTRY OF mDGMENT AND PERMANENT INmNCTION
 1 it was not done until October, which is when I finally got Horusicky's pool plaster sub-

2 contractor to come to my house to attempt to sand down the sharp edges that his crew had

3 left in my pool and spa causing cuts on my kids. My family was without a pool for the

4 entire summer." At the time Mr. DiNome published this statement, he genuinely believed

5 that Horusicky caused avoidable delays to the project. However, after discussing the

6 matter with HORUS ICKY, the Parties came to the conclusion that the delays were caused

7 by certain misunderstandings between the Parties. To the extent the statement suggested

8 that the cause of the delays was not caused by both sides, it was not accurate.

9 2. The foregoing Statements published by GERARD DINOME about HORUSICKY

10 are alleged to be defamatory.

11 3. The foregoing Statements published by GERARD DINOME about HORUS ICKY

12 are alleged to be unprivileged.

13 4. The foregoing Statements published by GERARD DINOME about HORUS ICKY

14 concern HORUSICKY's business or occupation are alleged to have a natural tendency to injure

15 or cause damage.

16 THEREFORE IT IS ADJUDGED, ORDERED AND DECREED THAT:

17 A. HORUS ICKY is granted judgment in his favor on the Eighth Cause of Action in

18 his First Amended Complaint for Defamation.

19 B. GERARD DINOME is permanently enjoined from publishing or republishing the

20 foregoing Statements on any of the foregoing websites or otherwise.

21 C. To the extent possible, and subject to Google's and Ripoffreport's policies,

22 GERARD DINOME shall cause the redaction, de-indexing, andlor removal of the Post from

23 Ripoffreport andlor Google's Search Index.

24 II
25 II
26 II
27 II
28 II
{256923445} -3-
STIPULATION BETWEEN PLAINTIFF HORUSICKY CONSTRUCTION, INC. AND
GERARD DINOME FOR ENTRY OF JUDGMENT AND PERMANENT INJUNCTION
 D. The Parties shall each bear their own costs of suit and attorneys' fees herein.

2
3 Dated: March 29, 2018 LANAK & HANNA, P.C.
.~

4 ~
~~~
5 By: ____________________________
6 MACW.CABAL
Attorney for Plaintiff/Cross-Defendants,
7 HORUS ICKY CONSTRUCTION, INC.,
MICHAEL HORUSICKY, JR.
8 SURETEC INDEMNITY COMPANY
9 Dated: March l.tt,2018 ABDULAZIZ, GROSSBART & RUDMAN
10
Ji/J_
By: ______~tr~~~~~~~~---------
11
12 BRUCE D. RUDMAN
Attorney for Defendants/Cross-Complainants
13 GERARD C. DINCOME and MAGGIE L.
DINOME .. :~-
14
Dated: April _2-.2018 LAW OFFICES OF ADRIANOS FACCHETTI, P.C.
15
16
17
18
By: ~/i~
Attorney for Defendants/Cross-Complainants
GERARD C. nINCOME and MAGGIE L.
19 DINOME
20
ORDER
21
Having read and considered the above stipulation, and good cause appearing therefor, the
22
23 Stipulation is accepted by the Court and the matters therein described decreed as of the date this
Jj'l
24 order is signed. ....:r
J!I
25 IT IS SO ORDERED.
26
27 DATED: >, ct· I r JUDGE OF THE SUPERIOR COURT

28
{256923445} -4-
STIPULATION BETWEEN PLAINTIFF HORUSICKY CONSTRUCTION, INC. AND
GERARD DINOME FOR ENTRY OF JUDGMENT AND PERMANENT INJUNCTION