Golden Eagle Ins. Corp. v. Allied Technology Group

ORDER 1) DISMISSING CROSS-COMPLAINANTS OCTAGON, INC. AND TIMOTHY COLLISTER’S FIRST AMENDED CROSS-COMPLAINT AGAINST CROSS-DEFENDANT UNITED STATES OF AMERICA AND 2) REMANDING ACTION TO STATE COURT.

The Court has read and considered Cross-Complainants Octagon, Inc. and Timothy Collister’s response to the Court’s December 1, 1998 order to show cause in which Plaintiffs County of San Bernardino and Central Valley Fire Protection District joined; Defendant Allied Technology Group, Inc.’s response to the order to show cause; Cross-Defendant United States of America’s oppositions/replies; and Cross-Complainants reply. Based on such consideration, the Court concludes as follows:

I.

BACKGROUND

On March 17, 1998, Jose Villareal, Martin Villareal, by and through his guardian ad litem, Anna Villareal (collectively, “Plaintiffs”) filed a complaint in the Superior Court of the State of California in and for the County of San Bernardino against Allied Technology Group, Dick’s Auto Salvage, Timothy Collister, Octagon, Inc., and Does 1 through 100 (“Defendants). According to the complaint, Martin Mendoza, who is the father of Plaintiff Martin Villa-real, was killed, and Plaintiff Jose Villareal…