Alan Rothman, Esq.

CSB# 90056
1 895 Dove Street, Suite 300
Newport Beach, CA 92660
2 Telephone: 949-612-1525
Fax: 888-841-8464
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Attorney for Defendant, Moe Homayounieh
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5 Superior Court of the State of California

In and For the County of Orange
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) Case No.: 30-2010-00379172
7 Ridgeway/Whitney, a California )
) Defendant and Cross-
8 general partnership, ) Complainant, Moe Homayounieh's
) Notice of Joinder and Joinder
9 Plaintiff, ) in all Defendant Stan Sax's
) Motion to Contest Defendant
10 vs. ) Mark Alonso's Application for
) Determination of Good Faith
11 American Cafe, L.P., et al ) Settlement; Memorandum of
) Points and Authorities;
12 Defendants ) Declaration of Alan Rothman in
) Support thereof
13 ) Date: March 23, 2011
) Time: 10 a.m.
14 ) Dept: C-22
)
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To: The Court, all Parties and Their Counsel of Record:
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NOTICE IS HEREBY GIVEN that on March 23, 2011 at 10 am in Department C-
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22, Defendant Moe Homayounieh will and does hereby join in all Defendant Stan
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Sax's Motion to Contest Defendant Mark Alonso's Application for Determination
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of Good Faith Settlement. The grounds for these motions are set forth in the
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Motion to Contest filed by Defendant Stan Sax with the Court on February 14,
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2011. Defendant Homayounieh further adopts the Memorandum of Points and
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Authorities, and accompanying papers filed in support of this Motion by and on
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behalf of Stan Sax.
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Dated: March 11, 2011
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______________________
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Alan Rothman, Esq.
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28 Notice of Joinder and Joinder in all Defendant Stan Sax's 1

Motion to Contest Defendant Mark Alonso's Application for

Determination of Good Faith Settlement
 1 Memorandum of Points and Authorities
2 1. Preliminary Statement
3 Defendant Alonso has made self-serving allocations and now wants this Court to
4 confirm them under the guise of a Motion for Good Faith Settlement. The current
5 proposed settlement violates the spirit of the discussion at the Status Conference
6 where the parties were going to attempt to minimize legal expenses and facilitate
7 an equitable resolution between the three defendants that made appearances in this
8 matter.
9 2. Legal Argument
10 Although the determination of whether a settlement is in good faith under C.C.P.
11 877.6 is ultimately within the discretion of the Court, the Court must consider
12 whether the proposed settlement is within the "reasonable range" that is, within the
13 ballpark of the settling party's share of potential liability to Plaintiff. See Tech-Bilt,
14 Inc. v. Woodward-Clyde & Associates (1985) 38 Cal. 3d 488, 499. In Tech-Bilt,
15 the California Supreme Court addressed the meaning of the nature and extent of
16 settling defendant's liability and the need to determine if a settlement was reached
17 in "good faith"
18 The overriding principle in determining good faith is whether the proposed
19 settlement bears some reasonable relationship to the settling defendant's degree of
20 fault. See Torrez v. Union Pacific Railroad Company (1984) 157 Cal. App. 3d 499,
21 509; Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal. App. 4th 1337,
22 1350. Thus, the determination of good faith is a factual call, and time is needed for
23 either mediation or additional discovery.
24 3. Conclusion
25 It is respectfully requested that the current Motion for Good Faith be denied or in
26 the alternative deferred until mediation or additional discovery can be conducted in
27 this matter.
28 Notice of Joinder and Joinder in all Defendant Stan Sax's 2

Motion to Contest Defendant Mark Alonso's Application for

Determination of Good Faith Settlement
 1 Dated: March 11, 2011
2 ______________________
3 Alan Rothman, Esq.
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28 Notice of Joinder and Joinder in all Defendant Stan Sax's 3

Motion to Contest Defendant Mark Alonso's Application for

Determination of Good Faith Settlement
 1 Declaration of Alan Rothman
2 I, Alan Rothman, declare and state as follows:
3 1. I am an attorney at law duly authorized to practice before all the courts of the
4 State of California, and the attorney for defendant, Moe Homayounieh in the above
5 captioned matter.
6 2. That if called upon to testify in the above captioned matter, I could and would
7 testify to the following matters. Said matters would be based upon my personal
8 knowledge, my review of the litigation file, and my participation in the review and
9 defense of this matter.
10 3. On January 10, 2011 we propounded a Request for Production of Documents on
11 the Plaintiff in this matter. We extended professional courtesies to the Plaintiff but
12 the Responses to the Notice to Produce were not mailed out to our office until
13 February 25, 2011. Because of the extensive materials and documents that need to
14 be reviewed as well as the extensive time period involved in this matter, there is
15 considerable prejudice to the defendant if there is a rush to settlement as to one
16 defendant that may otherwise have a more extensive liability than the $25,000 that
17 is being offered at the present time. There is no prejudice to the defendant Alonso,
18 if the parties go to mediation as was originally planned and seek to determine a fair
19 allocation between the parties that facilitates resolution as to all defendants
20 currently involved in this litigation.
21 4. As the Court will recall, there were an extensive number of defendants named in
22 the Complaint where Plaintiff later indicated that they were no longer viable or
23 where defaults have otherwise been entered in this matter.
24 5. We would like the opportunity to schedule the deposition of the defendant
25 Alonso requesting early settlement as well as the Plaintiff in this matter, so we can
26 serve the purposes of structuring a fair settlement to all parties or have a
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28 Notice of Joinder and Joinder in all Defendant Stan Sax's 4

Motion to Contest Defendant Mark Alonso's Application for

Determination of Good Faith Settlement
 1 transparent settlement where all the underlying facts have been reviewed by the
2 parties.
3 I declare under penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct.
5 Executed this 11th day of March, 2011 in Newport Beach, County of Orange, State
6 of California.
7 ___________________________________
8 Alan Rothman, Esq.
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28 Notice of Joinder and Joinder in all Defendant Stan Sax's 5

Motion to Contest Defendant Mark Alonso's Application for

Determination of Good Faith Settlement
 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE
1

2 I declare that:

3 1. At the time of service I was at least 18 years of age and

not a party to this legal action.
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2. I am a resident of or employed in the county where the
5 mailing occurred.
3. My business or residence address is 895 Dove Street, Suite
6 300, Newport Beach, CA 92660.
4. I served copies of the following paper(s) in the manner
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shown:
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a. Papers served [list exact titles of paper(s)]:
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Notice of Joinder and Joinder in all Defendant Stan Sax's Motion to Contest Defendant Mark
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Alonso's Application for Determination of Good Faith Settlement
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b. Manner of service:
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____ (By Mail) by placing true copies in a sealed envelope
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addressed to each person whose name and address is given below
14 and depositing the envelope in the United States Mail with the
postage fully prepaid.
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____ (By Federal Express) I caused such envelope to be deposited
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in the Federal Express mail at Costa Mesa, CA with postage
17 thereon fully prepaid.

18 ____ (By Personal Service) I caused such envelope to be hand-

delivered to the offices of the above address. (The attorney was
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personally served at the Bellflower Court)
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____ (By Facsimile)I caused such documents to be sent via
21 facsimile to the above facsimile number.
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(1) Date of Deposit: March 11, 2011
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See Proof of Service List
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25 I declare under penalty of perjury under the laws of the State of California that the

26 foregoing is true and correct.

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28 Notice of Joinder and Joinder in all Defendant Stan Sax's 6

Motion to Contest Defendant Mark Alonso's Application for

Determination of Good Faith Settlement
 1 Executed on March 11, 2011 at Newport Beach, California.

2 Signed: ______________________

3 Proof of Service List

4 Newmeyer & Dillion, LLP 895 Dove Street, 5th Floor Newport Beach, CA 92660 for Defendant
5 Mark Alonso;
6 Douglas D. Alani, Esq. Buckner, Alani & Mirkovich, 3146 Redhill Avenue, Suite 200, Costa
7 Mesa, CA 92626 for Plaintiff, Ridgeway/Whitney, a California general partnership,
8 Freeman, Freeman & Smiley, LLP 1920 Main Street, Suite 1050, Irvine, CA 92614 for
9 defendant, Stan Sax
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28 Notice of Joinder and Joinder in all Defendant Stan Sax's 7

Motion to Contest Defendant Mark Alonso's Application for

Determination of Good Faith Settlement