United States District Court, N.D. California, Oakland Division
A. STONE KIRK M. TRACY PALADIN LAW GROUP® LLP
COUNSEL FOR ESTATE OF ROBERT RENZEL, DECEASED, BY AND THROUGH
HIS SUCCESSORS IN INTEREST, SUSAN CARTER AND ANN RENZEL
SEBASTIAN; ROBERT E. RENZEL TRUST, BY AND THROUGH ITS
TRUSTEES, SUSAN CARTER AND ANN RENZEL SEBASTIAN; SUSAN
CARTER; ANN RENZEL SEBASTIAN; AND BASCOM AVENUE DEVELOPMENT
[PROPOSED] ORDER ON JOINT
APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND
ESTABLISHMENT OF THE BASCOM REMEDIATION TRUST
Joint Application of Plaintiffs and Counter-Defendants Estate
of Robert Renzel, Deceased, by and through his successors in
interest, Susan Carter and Ann Renzel Sebastian; Robert E.
Renzel Trust, by and through its trustees, Susan Carter and
Ann Renzel Sebastian; Susan Carter; Ann Renzel Sebastian; and
Bascom Avenue Development LLC, a California limited liability
company (collectively, “Renzel”), and Defendants,
Counter-Claimants, and Cross-Claimants Carmen Torres and
Alfredo Torres (collectively, “Torres”) (Renzel
and Torres are collectively referred to as the
“Settling Parties”), and related papers were
submitted to the Court on June 18, 2019.
Court, after considering the Joint Application and related
papers, hereby finds:
1. The settlement agreement that is the subject of the Joint
Application (the “Agreement”) satisfies the
requirements of Code of Civil Procedure
(“C.C.P.”) section 877.6 and of Tech-Bilt
Inc. v. Woodward Clyde & Associates (1985) 39 Cal.3d
488 and its progeny;
2. The Settling Parties are, concerning the facts and
circumstances giving rise to this lawsuit and concerning the
lawsuit itself, therefore entitled to the protections of
C.C.P. section 877.6 barring any other joint tortfeasor or
co-obligor from any further claims against them for equitable
comparative contribution, or partial or comparative
indemnity, based upon comparative negligence or comparative
3. The Settling Parties are, therefore, by this Order granted
such protection to the fullest extent authorized by C.C.P.
section 877.6 as interpreted by Tech-Bilt and its
the Court finds that the Bascom Remediation Trust should be,
and hereby is, established as a “Qualified Settlement
Fund” or “Designated Settlement Fund”
pursuant to section 468B of the Internal Revenue Code, 26
U.S.C. § 468B, and Treasury Regulation Section 1.468B-1
(26 C.F.R. 1.468B-1), and in accordance with the terms and
conditions of the Declaration of Trust for the Bascom
Remediation Trust, attached hereto as Exhibit A and
incorporated by reference as though fully set forth herein.
The Court shall retain jurisdiction over the Bascom
Remediation Trust until Site Closure is obtained or until the
Trust Funds are exhausted.
OF TRUST FOR THE BASCOM REMEDIATION TRUST
Declaration of Trust for the Bascom Remediation
Trust is entered into by Renzel as
a result of a settlement in the Action. The
Bascom Remediation Trust is established by
Court Order consistent with 26 C.F.R. §
used in this Trust Declaration are to be taken and understood
in their normal and ordinary sense, unless this Trust
Declaration indicates that a different meaning is intended.
Whenever the following terms, appearing in bold, are used in
this Trust Declaration, the meanings of this section apply.
“Action” means the lawsuit
pending in the United States District Court, Northern
District of California, entitled Estate of Robert Renzel,
Deceased, et al. v. Estate of Lupe Ventura, et al., Case
No. 4:15-cv-1648-HSG, including all counterclaims and
“Business Day” means a day on
which commercial banks are not authorized or required to
close in San Jose, California.
“Court” means the United States
District Court, Northern District of California in the
“Court Order” means the order of
the United States District Court, Northern District of
California which approves the creation of the
“Effective Date” means the entry
of the Court Order creating the
“Renzel” means plaintiffs and
counter-defendants Estate of Robert Renzel, Deceased, by and
through his successors in interest, Susan Carter and Ann
Renzel Sebastian; Robert E. Renzel Trust, by and through its
trustees, Susan Carter and Ann Renzel Sebastian; Susan
Carter; Ann Renzel Sebastian; and Bascom Avenue Development
LLC, or their assignee.
“Bascom Remediation Trust” or
“Trust” means the entity to be
created pursuant to this Trust Declaration
upon entry of the Court Order.
“Property” means the real
property located at 526 S. Bascom Avenue, San Jose,
“Torres” means Carmen and
“Settling Parties” refers to
Renzel and Torres.
“Settling Party” means one of
the Settling Parties.
“Site” means the Property and
areas to which the PCE contamination has migrated outside the
boundaries of the Property.
“Site Closure” means:
Certification by the Trustee that all
required remedial actions have been completed for the
Confirmation by the Court of the
Trustee's certification that all
required remedial actions have been completed; or
Issuance of a writing by the regulatory agency with
jurisdiction over the remedial efforts that no further
remedial action is required at the Site.
“Transferor” mean a person or
entity who qualifies as a “transferor” under 26
C.F.R. Section 1-468B.
“Trust” means the Bascom
Remediation Trust. The purpose of the
Trust is to collect and disburse amounts for
environmental remediation (as defined in 26 C.F.R. Section
301.7701- 4(e)(1)) of the Site, which is an
existing waste site, to resolve, satisfy, mitigate, address,
or prevent the liability or potential liability of persons
imposed by federal, state, or local environmental laws.
“Trust Declaration” means this
Declaration of Trust for the Bascom Remediation
“Trustee” means Bret A. Stone,
or any successor trustee.
WHEREAS, the Trust will be established by
Court Order approving this Trust
WHEREAS, Renzel wishes to retain the
Trustee, and the Trustee
wishes to be retained as trustee of the
Trust in accordance ...