Filed: Aug. 23, 2016
Latest Update: Aug. 23, 2016
Summary: ORDER FOR DETERMINATION OF GOOD FAITH SETTLEMENT JOHN A. MENDEZ , District Judge . Plaintiffs RAMIRO REYES and STELLA REYES have each settled with defendants JOSEPH OSBORNE, individually and as Administrator of the ESTATE OF PEGGY JEAN OSBORNE, and WILLIAM SHOENLEBER, under the following basis, terms and amount of settlement: "The settling parties wish to resolve all issues arising out of plaintiffs' tenancy at 732 Hemlock Street, Stockton, California, which are the subject of this action
Summary: ORDER FOR DETERMINATION OF GOOD FAITH SETTLEMENT JOHN A. MENDEZ , District Judge . Plaintiffs RAMIRO REYES and STELLA REYES have each settled with defendants JOSEPH OSBORNE, individually and as Administrator of the ESTATE OF PEGGY JEAN OSBORNE, and WILLIAM SHOENLEBER, under the following basis, terms and amount of settlement: "The settling parties wish to resolve all issues arising out of plaintiffs' tenancy at 732 Hemlock Street, Stockton, California, which are the subject of this action b..
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ORDER FOR DETERMINATION OF GOOD FAITH SETTLEMENT
JOHN A. MENDEZ, District Judge.
Plaintiffs RAMIRO REYES and STELLA REYES have each settled with defendants JOSEPH OSBORNE, individually and as Administrator of the ESTATE OF PEGGY JEAN OSBORNE, and WILLIAM SHOENLEBER, under the following basis, terms and amount of settlement:
"The settling parties wish to resolve all issues arising out of plaintiffs' tenancy at 732 Hemlock Street, Stockton, California, which are the subject of this action brought in U.S. District Court and in the separate action filed in San Joaquin County Superior Court, entitled Reyes v. Osborne, et al, Case No. STK-CV-UNPI-2016-6959. In consideration for the amounts to be paid in settlement by defendants' insurer, plaintiffs will execute a release of all claims and dismiss the two aforementioned lawsuits, with prejudice. The amounts to be paid are the sum of $15,000.00 to each plaintiff, a total of $30,000.00."
Notice of Settlement has been given to this court and to each party of record together with an application for determination of good faith settlement by certified mail, return receipt requested, and proof of service has been filed with the court. In the absence of any motion brought by any party contesting the good faith of the proposed settlement within 25 days of the mailing of the notice, application and proposed order, or within 20 days of personal service, and good cause appearing:
IT IS HEREBY ORDERED that the settlement between the Plaintiffs RAMIRO REYES and STELLA REYES and Defendants JOSEPH OSBORNE, individually and as Administrator of the ESTATE OF PEGGY JEAN OSBORNE, and WILLIAM SHOENLEBER, is deemed to be a "good faith" settlement within the meaning of California Code of Civil Procedure Section 877.6.
IT IS FURTHER ORDERED that, pursuant to the provisions of California Code of Civil Procedure Section 877.6.(c), Defendants Stockton Police Officers Teresa Wentland, Justin Bauer, and Lawrence Wight, and any other alleged joint tortfeasor or co-obligor, are barred from filing any claims against JOSEPH OSBORNE, individually and as Administrator of the ESTATE OF PEGGY JEAN OSBORNE, and WILLIAM SHOENLEBER, and other affiliates released by the subject "Global Release Of All Claims As To Released Parties" for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.
IT IS SO ORDERED.
