STIPULATION AND ORDER REGARDING DETERMINATION OF GOOD FAITH SETTLEMENT [PURSUANT TO CODE CIV. PROC., § 877.6] BETWEEN PLAINTIFF AND DEFENDANT ACTION ACTION MOTORSPORTS OF TAHOE, INC.

TROY L. NUNLEY, District Judge.

The parties, through their undersigned attorneys, hereby stipulate and agree as follows:

1. Settlement has been reached between plaintiff Elena Tyurina and defendant Action Motorsports of Tahoe, Inc. ("Action Motorsports"). As a result, Action Motorsports filed a motion for a determination that the settlement was in good faith pursuant to California Code of Civil Procedure section 877.6. Plaintiff joined in that motion.

2. The parties stipulate that the settlement between plaintiff and Action Motorsports is in good faith pursuant to California Code of Civil Procedure section 877.6. The parties further stipulate that the court may issue an order granting that motion and dismissing all claims by defendants Urbana Tahoe TC LLC and Urbana Tahoe Beverage Company for non-contractual indemnity and contribution as to Action Motorsports of Tahoe, Inc.

ORDER

Based on the foregoing stipulation, and good cause appearing therefor, the Court rules as follows:

1. The Court finds the settlement between plaintiff and defendant Action Motorsports of Tahoe, Inc. is in "good faith" pursuant to the provisions of California Code of Civil Procedure section 877, et seq.

2. The motion by defendant Action Motorsports of Tahoe, Inc. for determination of good faith settlement relative to its settlement with plaintiff, and in which plaintiff joined, is hereby granted.

3. All claims for non-contractual indemnity and contribution by defendants Urbana Tahoe TC LLC and/or Urbana Tahoe Beverage Company, LLC, dba Beach Retreat and Lodge at Tahoe, as to Action Motorsports of Tahoe, Inc., whether or not such claims for non-contractual indemnity and contribution are stated in the counterclaim by the Urbana entities, are hereby dismissed with prejudice.