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- 1 - 

PAMELA E. COGAN (SBN 105089) 

ROBERT M. FORNI, JR. (SBN 180841) 

ROPERS, MAJESKI, KOHN & BENTLEY 

1001 Marshall Street, Third Floor 

Redwood City, CA 94063 

Telephone: (650) 364-8200 

Facsimile: (650) 780-1701 

Email: pcogan@ropers.com

rforni@ropers.com

Attorneys for Defendant and Counterclaimant, 

LIBERTY MUTUAL FIRE INSURANCE COMPANY 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

JOSE A. LOPEZ and DIANA LOPEZ, 

Plaintiff, 

v. 

LIBERTY MUTUAL FIRE INSURANCE 

COMPANY, JOSE A. LOPEZ, JR., and 

DOES 1-20, 

Defendant. 

CASE NO. CIV-S-04-1447 MCE (GGH) 

STIPULATION AND ORDER RE: 

COUNTER-DEFENDANTS CASEY BEGLEY 

AND MARDIERON MCCORMICK [L.R. 83-

143] 

Honorable Morrison C. England, Jr. 

LIBERTY MUTUAL FIRE INSURANCE 

COMPANY, 

Counterclaimant, 

v. 

JOSE A. LOPEZ, DIANA LOPEZ, JOSE 

A. LOPEZ, JR., CASEY BEGLEY, and 

MARDIERON MCCORMICK, by and 

through his guardian ad litem, 

Counter-Defendants. 

WHEREAS, defendant and counterclaimant LIBERTY MUTUAL FIRE INSURANCE 

COMPANY (“Liberty Mutual”) issued a LibertyGuard Deluxe Homeowners Policy, policy 

number H32-268-165102-102 4 (hereinafter “Liberty Mutual Policy”) to counter-defendants 

/// 

Case 2:04-cv-01447-MCE -GGH Document 43 Filed 06/22/05 Page 1 of 5
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JOSE A. LOPEZ and DIANA LOPEZ, which was in effect between May 1, 2002 and May 1, 

2003; 

WHEREAS, on or about October 23, 2003, counter-defendants CASEY BEGLEY and 

MARDIERON MCCORMICK, by and through his guardian ad litem, filed suit against counterdefendants JOSE A. LOPEZ and JOSE A. LOPEZ, JR. in the Superior Court for Yolo County for 

damages arising from the death of Winston McCormick on or about October 26, 2002 (hereinafter 

the “Underlying Action”); 

WHEREAS, counter-defendants DIANA LOPEZ and JOSE A. LOPEZ have since filed 

suit against Liberty Mutual in the above-captioned action, Case No. CIV-S-04-1447 MCE, 

pending before the U. S. District Court for the Eastern District of California, alleging, among 

other things, that justiciable issues and an actual controversy, within the meaning of 28 U.S.C. § 

2201, now exist between Liberty Mutual and JOSE A. LOPEZ, DIANA LOPEZ and JOSE A. 

LOPEZ, JR. concerning Liberty Mutual’s obligation to defend and indemnify JOSE A. LOPEZ 

and JOSE A. LOPEZ, JR. in the Underlying Action under the Liberty Mutual Policy; 

WHEREAS, Liberty Mutual has filed a First Amended Counterclaim for Declaratory 

Judgment (“Amended Counterclaim”) against counter-defendants DIANA LOPEZ, JOSE A. 

LOPEZ, JOSE A. LOPEZ, JR., CASEY BEGLEY and MARDIERON MCCORMICK, by and 

through his guardian ad litem, in the above-captioned action, alleging, among other things, that 

justiciable issues and an actual controversy, within the meaning of 28 U.S.C. § 2201, now exist 

between Liberty Mutual and counter-defendants concerning Liberty Mutual’s obligation to 

defend and indemnify JOSE A. LOPEZ and JOSE A. LOPEZ, JR. in the Underlying Action 

under the Liberty Mutual Policy; 

WHEREAS, counter-defendant MARDIERON MCCORMICK is a minor, and counterdefendant CASEY BEGLEY is willing to act as his guardian ad litem in the above-captioned 

action, as appears from her appointment as his guardian ad litem for the purpose of bringing 

action against counter-defendants JOSE A. LOPEZ and JOSE A. LOPEZ, JR., among others, in 

the Underlying Action, and no petition for appointment of another guardian ad litem has been 

filed in the above-captioned action or the Underlying Action; and 

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IT IS HEREBY STIPULATED AND AGREED by and between counter-defendants 

CASEY BEGLEY and MARDIERON MCCORMICK, by and through his guardian ad litem, and 

Liberty Mutual, by and through their respective attorneys of record, as follows: 

1. In consideration for not having to reply to the Amended Counterclaim and appear in 

the above-captioned action, other than as directed by the Court, Counter-defendants 

CASEY BEGLEY and MARDIERON MCCORMICK, by and through his guardian 

ad litem, agree to be bound by, and not to challenge, the judgment(s) entered, and any 

and all coverage determinations rendered, by the Court regarding Liberty Mutual’s 

obligation to defend and indemnify JOSE A. LOPEZ and JOSE A. LOPEZ, JR. in the 

Underlying Action under the Liberty Mutual Policy. 

2. In further consideration for not having to reply to the Amended Counterclaim and 

appear in the above-captioned action, Counter-defendants CASEY BEGLEY and 

MARDIERON MCCORMICK, by and through his guardian ad litem, shall, and 

hereby, waive any and all rights or obligations to participate in the above-captioned 

action or Amended Counterclaim in any capacity, other than as percipient witnesses, 

except as otherwise ordered by the Court. 

3. The parties to this stipulation and agreement shall bear their own attorney’s fees and 

costs of suit incurred or paid in connection with the above-captioned action, without 

prejudice to their rights to recover said fees and costs from counter-defendants 

DIANA LOPEZ, JOSE A. LOPEZ and JOSE A. LOPEZ, JR., to the extent authorized 

or provided by law. 

4. Liberty Mutual agrees to notify counsel of record for counter-defendants CASEY 

BEGLEY and MARDIERON MCCORMICK of the status of the Amended 

Counterclaim, upon reasonable request of same, or as directed by the Court. 

5. This stipulation and agreement applies and shall be enforceable against all agents, 

heirs, successors, assigns and attorneys of counter-defendants CASEY BEGLEY and 

MARDIERON MCCORMICK. 

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6. This stipulation and agreement applies, and shall be effective, in the event that: 

a. the District Court remands the above-captioned action to the Superior Court of 

Sacramento County, in which counter-defendants DIANA LOPEZ and JOSE A. 

LOPEZ originally filed suit against Liberty Mutual; 

b. Counter-defendant MARDIERON MCCORMICK reaches the age of majority 

before or after any judgment is entered in the above-captioned action; and 

c. another guardian ad litem is appointed to protect or enforce the rights and interests 

of counter-defendant MARDIERON MCCORMICK in the above-captioned 

action, the Underlying Action, or any other action, claim, lawsuit, or legal 

proceeding of any kind. 

/// 

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IT IS SO STIPULATED. 

Dated: May _____, 2005 LAW OFFICES OF DWIGHT M. SAMUEL 

By: 

DWIGHT M. SAMUEL 

Attorneys for Counter-defendants, 

CASEY BEGLEY and MARDIERON 

MCCORMICK, by and through his guardian 

ad litem

Dated: May _____, 2005 ROPERS, MAJESKI, KOHN & BENTLEY 

By: 

PAMELA E. COGAN 

ROBERT M. FORNI, JR. 

Attorneys for Defendant and Counterclaimant, 

LIBERTY MUTUAL FIRE INSURANCE 

COMPANY 

ORDER

IT IS SO ORDERED. 

Dated: June 21, 2005 

__________________________________ 

MORRISON C. ENGLAND, JR 

UNITED STATES DISTRICT JUDGE 

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