Opinion
JAMES C. NIELSEN, TUNG KHUU, NIELSEN, HALEY & ABBOTT LLP, San Rafael, California, Attorneys for Plaintiff, PENN-STAR INSURANCE COMPANY
CLIFFORD & BROWN, Daniel T. Clifford, Attorneys for defendants Alonso Hernandez and A2A Transportation, Inc.
STIPULATION AND ORDER FOR DISMISSAL OF ALONSO HERNANDEZ AND A2A TRANSPORTATION, INC.
MORRISON C. ENGLAND, Jr., Chief District Judge.
STIPULATION
Plaintiff Penn-Star Insurance Company, through its counsel, and defendants Alonso Hernandez and A2A Transportation, Inc., through their counsel, hereby stipulate as follows:
1. Penn-Star is seeking a judicial determination of Penn-Star's rights and obligations in connection with the underlying wrongful-death action styled Efren Santos, et al. v. Alonso Hernandez, et al., Fresno County, California, Superior Court Case No. 14CECG02637. Penn-Star has provided copies of the pleadings and service papers in this declaratory-judgment lawsuit to defendants Alonso Hernandez and A2A Transportation, Inc.
2. Defendants Alonso Hernandez and A2A Transportation, Inc. have informed Penn-Star that defendants Alonso Hernandez and A2A Transportation, Inc. do not wish to be a party to this action, take no position with respect to Penn-Star's contentions set forth in its complaint as filed herein on June 19, 2015, and do not oppose the granting of the relief sought by that complaint.
3. After consulting with their counsel, defendants Alonso Hernandez and A2A Transportation, Inc. stipulate that they will not oppose the granting of the declaratory relief sought in the original complaint herein as filed on June 19, 2015; and that they will be bound to the extent of such relief, if granted.
4. Based on the above, Penn-Star and defendants Alonso Hernandez and A2A Transportation, Inc. stipulate that Alonso Hernandez and A2A Transportation, Inc. be dismissed without prejudice from this lawsuit.
ORDER
In accordance with the above stipulation, IT IS HEREBY ORDERED that defendants Alonso Hernandez and A2A Transportation, Inc. are DISMISSED without prejudice. This case shall proceed as to the claims against the remaining parties.
IT IS SO ORDERED.