Preview
Ce nN KAW BF YN
10
Mark Hooshmand, Esq. (SBN 194878)
Tyson Redenbarger, Esq. (SBN 294424)
Jenny Jin, Esq. (SBN 296184) Shea eoanSAuae
Hooshmand Law Group
22 Battery Street, Ste. 610 a F ve e ea 7
San Francisco, CA 94111 County of San Francisco.
Tel: (415) 318-5709 03/14/2018
Fax: (415) 376-5897 Clerk of the Court
Attomeys for Plaintiff Angelique Rochelle PEEL pesaatetohe
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED CIVIL JURISDICTION
ANGELIQUE ROCHELLE, CASENO.: CGC-16-555761
DECLARATION OF JENNY JIN IN
SUPPORT OF PLAINTIFF’S REPLY TO
DEFENDANT’S OPPOSITION TO
)
)
)
Plaintiff, )
) MOTION TO STRIKE/TAX COSTS
)
)
)
)
)
)
)
vs.
TREVOR DENG, and DOES 1-10,
Date: March 21, 2018
Time: 2:00 p.m.
Dept: 504
Judge: Hon. Suzanne Bolanos
Defendants.
DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF’S REPLY TO
DEFENDANT’S OPPOSITION TO MOTION TO STRIKE/TAX COSTS
DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO MOTION
TO STRIKE/TAX COSTS 110
CeO NI DAH BwWN
DECLARATION OF JENNY JIN
I, JENNY JIN, declare the following:
1. [am an attorney for Plaintiff Angelique Rochelle in this matter.
2. The facts stated within this declaration are based upon my personal knowledge, except for
those which are based on information and belief, and I am competent to testify as to these
facts.
3. On November 8, 2017, Plaintiffs Baz Rochelle, Ella Lawton, and Leona Paslay accepted
Defendants Trevor Deng and May Deng’s Offers to Compromise pursuant to Code of Civil
Procedure Section 998. Item No. 4 in these offers, as well as the executed releases provide
that [eJach party is to bear their own respective costs and attorney’s fees. Attached as
Exhibit A is a true and correct copy of the signed Releases for Baz Rochelle, Ella Lawton,
and Leona Paslay.
4. The defense took the depositions of Plaintiffs Baz Rochelle and Ella Lawton in this case,
mainly to try to show that they did not reside at the Subject Premises with their mother,
Angelique Rochelle, and were not entitled to damages. The defense also took the
depositions of the children’s two fathers, third parties John Lawton and Tom Paslay, to
prove this. These were costs which were expended specifically to defend against the
children’s claims in this case, and should have been allocated and excluded.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: March 14, 2018
Jenny Jin, Esq.
DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANT’S OPPOSITION TO MOTION
TO STRIKE/TAX COSTS 2eC Oo ND HW RF YW NY
RMN YN YN NN NY | BS Be Be Be Se Be Be Be
ent AA BON &= S © wm ADA BF WN |= SO
Exhibit A
DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO MOTION
TO STRIKE/TAX COSTS 4RECEIPT AND RELEASE OF ALL CLAIMS
FROM A MINOR AND PARENT OR GUARDIAN
For and in consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,000.00), receipt of
which is acknowledged, the undersigned, Angelique Rochelle the parent (guardian) of Ella Rochelle Lawton
hereby RELEASE and forever discharge TREVOR DENG AND MAY DENG, their successors in interest,
assigns, principals, agents and representatives (“the released parties”) from any and all rights, claims, demands,
harm and damages of any kind, known or unknown, existing or arising in the future, and accordingly do hereby
expressly, voluntarily, knowingly and advisedly WAIVE any and all rights granted to the Minor under
California Civil Code §1542* resulting from or related to all injuries, harm, damages, costs, and attorney’s fees
directly or indirectly arising out of the Minor’s residential occupancy or tenancy at or near San Francisco,
California, (the “tenancy”) in which the Minor is alleged to have sustained injury, harm, and damage including,
without limitation, certain personal, economic and non-economic injuries, including but not limited to those
matters more particularly described in the pleadings and papers on file in the legal action now pending in San
Francisco County Superior Court, Case No.CGC-16-555761, entitled Rochelle v. Deng, et al. .
By waiving the rights granted to the Minor under California Civil Code Section §1542, I understand and
acknowledge that if the Minor has suffered any personal injury, property damage, other harm or other injury as a
result of the tenancy and (i) I am not presently aware of this injury or harm, or (ii) this injury or harm has not yet
manifested itself, any claims for such injury or harm is forever released and discharged.
This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is
made, or persons who may claim to be damaged by reason of the tenancy, other than the Minor, to pursue any
legal remedies they may have against any other person.
It is understand that this is a compromise settlement of all the Minor’s claims arising out of the tenancy
referred to above, and there is no admission of liability. I understand that this is all the money or consideration
the Minor will receive from the released parties for any and all of the Minor’s claims as a result of this tenancy
and residing at 776-778 25th Ave, San Francisco, CA. Furthermore, each side will bear their own costs and |
attorney fees arising from the Subject Accident.
I agree that the Minor shall not reside or move back into the subject property at 776-778 25th Ave, San
Francisco, CA, or any other rental property owned by Trevor Deng and May Deng, at any time that the subject
property or other rental property is still owned in whole or in part by Trevor Deng and May Deng or their heirs.
I understand and agree that all details of this compromise and settlement of the aforementioned action
shall remain completely confidential. Specifically, plaintiff and plaintiff's counsel hereby agree not to disclose
or publish any information about the consideration paid on behalf of defendants by reference to the identities of
the defendants, the aforementioned legal action, or the terms of this Release, except in response to the legal
process, for purposes of fulfilling government report obligations, or as otherwise required by law.
FURTHER, | agree to reimburse and indemnify all released parties for any amounts which any
insurance carriers, government entities, hospitals or other persons or organizations may recover from them in
reimbursement for amounts paid to the Minor or on behalf of the Minor as a result of this tenancy by way of
contribution, subrogation, indemnity, or otherwise.
This Release shall become effective immediately following the order by the Superior Court of
California, County of San Francisco, approving the compromise of this disputed claim by the Minor. The
consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,000.00) shall be paid—in the manner
ordered by the court—following the court’s approval of this compromise of this disputed claim.
The undersigned hereby declares under penalty of perjury that the undersigned is authorized to sign this
release on behalf of Minor. The undersigned acknowledges that the released parties are relying on this
representation that the undersigned is authorized to sign this Release on behalf of Minor. The undersignedagrees to indemnify and hold harmless the released parties from all claims, brought by or on behalf of the
Minor, resulting from or related to the Tenancy.
**This settlement is conditioned upon the undersigned handling any and all liens.*
I HAVE READ THIS RELEASE AND UNDERSTAND IT.
Signed this cA. day of Math 2018, at ST WC A = :
WITKESS~ ‘Angelique Rochellé, GUARDIAN AD LITEM OF
Ella Rochelle Lawton, A Minor 7, feb / O
Atabed Alder bs Uneet~g SIH 0H FYI |!
wines /] Y
ADDRESS
For your protection California Law (insurance Code §1871.2) requires the following to appear on this form, Any person who knowingly
presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state
prison. Every person who violates any provisions of Insurance Code §1871.4 subdivision (a) is punishable up to five years in the state
prison or by a fine not exceeding $50,000 or by both.
*Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to
exist in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."RECEIPT AND RELEASE OF ALL CLAIMS
FROM A MINOR AND PARENT OR GUARDIAN
For and in consideration of the sum of Ten Thousand One and 00/100 Dollars Dollars ($10,001.00),
receipt of which is acknowledged, the undersigned, Angelique Rochelle the parent (guardian) of Leona Paslay
hereby RELEASE and forever discharge TREVOR DENG AND MAY DENG, their successors in interest,
assigns, principals, agents and representatives (“the released parties”) from any and all rights, claims, demands,
harm and damages of any kind, known or unknown, existing or arising in the future, and accordingly do hereby
expressly, voluntarily, knowingly and advisedly WAIVE any and all rights granted to the Minor under
California Civil Code §1542* resulting from or related to all injuries, harm, damages, costs, and attorney’s fees
directly or indirectly arising out of the Minor’s residential occupancy or tenancy at or near Sn Francisco,
California, (the “tenancy”) in which the Minor is alleged to have sustained injury, harm, and damage including,
without limitation, certain personal, economic and non-economic injuries, including but not limited to those
matters more particularly described in the pleadings and papers on file in the legal action now pending in San
Francisco County Superior Court, Case No.CGC-16-555761, entitled Rochelle v. Deng, et al. .
By waiving the rights granted to the Minor under California Civil Code Section §1542, I understand and
acknowledge that if the Minor has suffered any personal injury, property damage, other harm or other injury as a
result of the tenancy and (i) I am not presently aware of this injury or harm, or (ii) this injury or harm has not yet
manifested itself, any claims for such injury or harm is forever released and discharged.
This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is
made, or persons who may claim to be damaged by reason of the tenancy, other than the Minor, to pursue any
legal remedies they may have against any other person.
It is understand that this is a compromise settlement of all the Minor’s claims arising out of the tenancy
referred to above, and there is no admission of liability. I understand that this is all the money or consideration
the Minor will receive from the released parties for any and all of the Minor’s claims as a result of this tenancy
and residing at 776-778 25th Ave, Sn Francisco, CA. Furthermore, each side will bear their own costs and I
attorney fees arising from the Subject Accident.
I agree that the Minor shall not reside or move back into the subject property at 776-778 25th Ave, San
Francisco, CA, or any other rental property owned by Trevor Deng and May Deng, at any time that the subject
property or other rental property is still owned in whole or in part by Trevor Deng and May Deng or their heirs.
I understand and agree that all details of this compromise and settlement of the aforementioned action
shall remain completely confidential. Specifically, plaintiff and plaintiff's counsel hereby agree not to disclose
or publish any information about the consideration paid on behalf of defendants by reference to the identities of
the defendants, the aforementioned legal action, or the terms of this Release, except in response to the legal
process, for purposes of fulfilling government report obligations, or as otherwise required by law.
FURTHER, | agree to reimburse and indemnify all released parties for any amounts which any
insurance carriers, government entities, hospitals or other persons or organizations may recover from them in
reimbursement for amounts paid to the Minor or on behalf of the Minor as a result of this tenancy by way of
contribution, subrogation, indemnity, or otherwise.
This Release shall become effective immediately following the order by the Superior Court of
California, County of San Francisco, approving the compromise of this disputed claim by the Minor. The
consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,001.00) shall be paid—in the manner
ordered by the court—following the court’s approval of this compromise of this disputed claim.
The undersigned hereby declares under penalty of perjury that the undersigned is authorized to sign this
release on behalf of Minor. The undersigned acknowledges that the released parties are relying on this
representation that the undersigned is authorized to sign this Release on behalf of Minor. The undersignedagrees to indemnify and hold harmless the released parties from all claims, brought by or on behalf of the
Minor, resulting from or related to the Tenancy.
**This settlement is conditioned upon the undersigned handling any and all liens.*
T HAVE READ THIS RELEASE AND UNDERSTAND IT.
Signed this Sd day of art _ r018,at SE C/A
7 Gi 7 State)
Sveti ahs, fd. jnglr~
WITHESS Angelique Rochelle, GUARDIAN AD LITEM OF
iy Leona Paslay, A Minor
hy Ww Bulity Sr cok bi0
WITNESS ADDRESS se, ca 9/1
For your protection California Law (Insurance Code §1871.2) requires the following to appear on this form. Any person who knowingly
presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state
prison. Every person who violates any provisions of Insurance Code §1871.4 subdivision (a) is punishable up to five years in the state
prison or by a fine not exceeding $50,000 or by both.
*Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to
exist in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor.”RELEASE IN FULL OF ALL CLAIMS AND RIGHTS
For and in consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,001.00), receipt of
which is acknowledged, I release and forever discharge TREVOR DENG AND MAY DENG, their successors
in interest, assigns, principals, agents and representatives from any and all rights, claims, demands, harm and
damages of any kind, known or unknown, existing or arising in the future, and accordingly do hereby expressly,
voluntarily, knowingly and advisedly WAIVE any and all rights granted to me under California Civil Code
§1542* resulting from or related to all injuries, harm, damages, costs, and attorney’s fees directly or indirectly
arising out of Plaintiffs’ residential occupancy or tenancy at or near San Francisco, California, (the “tenancy”) in
which Plaintiffs are alleged to have sustained injury, harm, and damage including, without limitation, certain
personal, economic and non-economic injuries, including but not limited to those matters more particularly
described in the pleadings and papers on file in the legal action now pending in San Francisco County Superior
Court, Case No.CGC-16-555761, entitled Rochelle v. Deng, et al. .
By waiving the rights granted to me under California Civil Code Section §1542, I understand and
acknowledge that if I have suffered any personal injury, property damage, other harm or other injury as a result
of the tenancy and (i) I am not presently aware of this injury or harm, or (ii) this injury or harm has not yet
manifested itself, any claims for such injury or harm is forever released and discharged.
This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is
made, or persons who may claim to be damaged by reason of the tenancy other than the undersigned to pursue
any legal remedies they may have against the undersigned or any other person.
I understand that this is a compromise settlement of all my claims arising out of the tenancy referred to
above, and there is no admission of liability. I understand that this is all the money or consideration I will
receive from the above-described parties for any and all of my claims as a result of this tenancy. Furthermore,
each side will bear their own costs and attorney fees arising from the Subject Accident.
[affirm that I have no intention of moving back into the subject property at 776-778 25th Ave, San
Francisco, CA. 1 agree not to reside or move back into the subject property at 776-778 25th Ave, San Francisco,
CA or any other rental property owned by Trevor Deng and May Deng, at any time that the subject property or
other rental property is still owned in whole or in part by Trevor Deng and May Deng or their heirs.
J understand and agree that all details of this compromise and settlement of the aforementioned action
shall remain completely confidential. Specifically, plaintiff and plaintiff's counsel hereby agree not to disclose
or publish any information about the consideration paid on behalf of defendants by reference to the identities of
the defendants, the aforementioned legal action, or the terms of this Release, except in response to the legal
process, for purposes of fulfilling government report obligations, or as otherwise required by law.
FURTHER, | agree to reimburse and indemnify all released parties for any amounts which any insurance
carriers, government entities, hospitals or other persons or organizations may recover from them in
reimbursement for amounts paid to me or on my behalf as a result of this tenancy by way of
contribution, subrogation, indemnity, or otherwise.
**This settlement is conditioned upon the undersigned handling any and all liens.**
I HAVE READ THIS RELEASE AND UNDERSTAND IT.
Signed this 6 +h, o(farch 2018, te SOW) Fangsco cA
(City State)
ITKESS) Ba. e BachMe-
Mathur) oger “Bak
QSWITNESS Address (Please Complete)
For your protection California Law (Insurance Code §1871.2) requires the following to appear on this form. Any person who knowingly
presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state
prison. Every person who violates any provisions of Insurance Code §1871.4 subdivision (a) is punishable up to five years in the state
prison or by a fine not exceeding $50,000 or by both.
*Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to
exist in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor.”
Attorney Certification:
I have read this Release and have explained its terms to my client. | agree to the provisions of this
agreement as they relate to confidentiality. Aseccees
Dated:
Attomey for Plaintiff
Preview
Ce nN KAW BF YN 10 Mark Hooshmand, Esq. (SBN 194878) Tyson Redenbarger, Esq. (SBN 294424) Jenny Jin, Esq. (SBN 296184) Shea eoanSAuae Hooshmand Law Group 22 Battery Street, Ste. 610 a F ve e ea 7 San Francisco, CA 94111 County of San Francisco. Tel: (415) 318-5709 03/14/2018 Fax: (415) 376-5897 Clerk of the Court Attomeys for Plaintiff Angelique Rochelle PEEL pesaatetohe SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED CIVIL JURISDICTION ANGELIQUE ROCHELLE, CASENO.: CGC-16-555761 DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO ) ) ) Plaintiff, ) ) MOTION TO STRIKE/TAX COSTS ) ) ) ) ) ) ) vs. TREVOR DENG, and DOES 1-10, Date: March 21, 2018 Time: 2:00 p.m. Dept: 504 Judge: Hon. Suzanne Bolanos Defendants. DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO MOTION TO STRIKE/TAX COSTS DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO MOTION TO STRIKE/TAX COSTS 110 CeO NI DAH BwWN DECLARATION OF JENNY JIN I, JENNY JIN, declare the following: 1. [am an attorney for Plaintiff Angelique Rochelle in this matter. 2. The facts stated within this declaration are based upon my personal knowledge, except for those which are based on information and belief, and I am competent to testify as to these facts. 3. On November 8, 2017, Plaintiffs Baz Rochelle, Ella Lawton, and Leona Paslay accepted Defendants Trevor Deng and May Deng’s Offers to Compromise pursuant to Code of Civil Procedure Section 998. Item No. 4 in these offers, as well as the executed releases provide that [eJach party is to bear their own respective costs and attorney’s fees. Attached as Exhibit A is a true and correct copy of the signed Releases for Baz Rochelle, Ella Lawton, and Leona Paslay. 4. The defense took the depositions of Plaintiffs Baz Rochelle and Ella Lawton in this case, mainly to try to show that they did not reside at the Subject Premises with their mother, Angelique Rochelle, and were not entitled to damages. The defense also took the depositions of the children’s two fathers, third parties John Lawton and Tom Paslay, to prove this. These were costs which were expended specifically to defend against the children’s claims in this case, and should have been allocated and excluded. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: March 14, 2018 Jenny Jin, Esq. DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANT’S OPPOSITION TO MOTION TO STRIKE/TAX COSTS 2eC Oo ND HW RF YW NY RMN YN YN NN NY | BS Be Be Be Se Be Be Be ent AA BON &= S © wm ADA BF WN |= SO Exhibit A DECLARATION OF JENNY JIN IN SUPPORT OF PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO MOTION TO STRIKE/TAX COSTS 4RECEIPT AND RELEASE OF ALL CLAIMS FROM A MINOR AND PARENT OR GUARDIAN For and in consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,000.00), receipt of which is acknowledged, the undersigned, Angelique Rochelle the parent (guardian) of Ella Rochelle Lawton hereby RELEASE and forever discharge TREVOR DENG AND MAY DENG, their successors in interest, assigns, principals, agents and representatives (“the released parties”) from any and all rights, claims, demands, harm and damages of any kind, known or unknown, existing or arising in the future, and accordingly do hereby expressly, voluntarily, knowingly and advisedly WAIVE any and all rights granted to the Minor under California Civil Code §1542* resulting from or related to all injuries, harm, damages, costs, and attorney’s fees directly or indirectly arising out of the Minor’s residential occupancy or tenancy at or near San Francisco, California, (the “tenancy”) in which the Minor is alleged to have sustained injury, harm, and damage including, without limitation, certain personal, economic and non-economic injuries, including but not limited to those matters more particularly described in the pleadings and papers on file in the legal action now pending in San Francisco County Superior Court, Case No.CGC-16-555761, entitled Rochelle v. Deng, et al. . By waiving the rights granted to the Minor under California Civil Code Section §1542, I understand and acknowledge that if the Minor has suffered any personal injury, property damage, other harm or other injury as a result of the tenancy and (i) I am not presently aware of this injury or harm, or (ii) this injury or harm has not yet manifested itself, any claims for such injury or harm is forever released and discharged. This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is made, or persons who may claim to be damaged by reason of the tenancy, other than the Minor, to pursue any legal remedies they may have against any other person. It is understand that this is a compromise settlement of all the Minor’s claims arising out of the tenancy referred to above, and there is no admission of liability. I understand that this is all the money or consideration the Minor will receive from the released parties for any and all of the Minor’s claims as a result of this tenancy and residing at 776-778 25th Ave, San Francisco, CA. Furthermore, each side will bear their own costs and | attorney fees arising from the Subject Accident. I agree that the Minor shall not reside or move back into the subject property at 776-778 25th Ave, San Francisco, CA, or any other rental property owned by Trevor Deng and May Deng, at any time that the subject property or other rental property is still owned in whole or in part by Trevor Deng and May Deng or their heirs. I understand and agree that all details of this compromise and settlement of the aforementioned action shall remain completely confidential. Specifically, plaintiff and plaintiff's counsel hereby agree not to disclose or publish any information about the consideration paid on behalf of defendants by reference to the identities of the defendants, the aforementioned legal action, or the terms of this Release, except in response to the legal process, for purposes of fulfilling government report obligations, or as otherwise required by law. FURTHER, | agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, government entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to the Minor or on behalf of the Minor as a result of this tenancy by way of contribution, subrogation, indemnity, or otherwise. This Release shall become effective immediately following the order by the Superior Court of California, County of San Francisco, approving the compromise of this disputed claim by the Minor. The consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,000.00) shall be paid—in the manner ordered by the court—following the court’s approval of this compromise of this disputed claim. The undersigned hereby declares under penalty of perjury that the undersigned is authorized to sign this release on behalf of Minor. The undersigned acknowledges that the released parties are relying on this representation that the undersigned is authorized to sign this Release on behalf of Minor. The undersignedagrees to indemnify and hold harmless the released parties from all claims, brought by or on behalf of the Minor, resulting from or related to the Tenancy. **This settlement is conditioned upon the undersigned handling any and all liens.* I HAVE READ THIS RELEASE AND UNDERSTAND IT. Signed this cA. day of Math 2018, at ST WC A = : WITKESS~ ‘Angelique Rochellé, GUARDIAN AD LITEM OF Ella Rochelle Lawton, A Minor 7, feb / O Atabed Alder bs Uneet~g SIH 0H FYI |! wines /] Y ADDRESS For your protection California Law (insurance Code §1871.2) requires the following to appear on this form, Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Every person who violates any provisions of Insurance Code §1871.4 subdivision (a) is punishable up to five years in the state prison or by a fine not exceeding $50,000 or by both. *Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."RECEIPT AND RELEASE OF ALL CLAIMS FROM A MINOR AND PARENT OR GUARDIAN For and in consideration of the sum of Ten Thousand One and 00/100 Dollars Dollars ($10,001.00), receipt of which is acknowledged, the undersigned, Angelique Rochelle the parent (guardian) of Leona Paslay hereby RELEASE and forever discharge TREVOR DENG AND MAY DENG, their successors in interest, assigns, principals, agents and representatives (“the released parties”) from any and all rights, claims, demands, harm and damages of any kind, known or unknown, existing or arising in the future, and accordingly do hereby expressly, voluntarily, knowingly and advisedly WAIVE any and all rights granted to the Minor under California Civil Code §1542* resulting from or related to all injuries, harm, damages, costs, and attorney’s fees directly or indirectly arising out of the Minor’s residential occupancy or tenancy at or near Sn Francisco, California, (the “tenancy”) in which the Minor is alleged to have sustained injury, harm, and damage including, without limitation, certain personal, economic and non-economic injuries, including but not limited to those matters more particularly described in the pleadings and papers on file in the legal action now pending in San Francisco County Superior Court, Case No.CGC-16-555761, entitled Rochelle v. Deng, et al. . By waiving the rights granted to the Minor under California Civil Code Section §1542, I understand and acknowledge that if the Minor has suffered any personal injury, property damage, other harm or other injury as a result of the tenancy and (i) I am not presently aware of this injury or harm, or (ii) this injury or harm has not yet manifested itself, any claims for such injury or harm is forever released and discharged. This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is made, or persons who may claim to be damaged by reason of the tenancy, other than the Minor, to pursue any legal remedies they may have against any other person. It is understand that this is a compromise settlement of all the Minor’s claims arising out of the tenancy referred to above, and there is no admission of liability. I understand that this is all the money or consideration the Minor will receive from the released parties for any and all of the Minor’s claims as a result of this tenancy and residing at 776-778 25th Ave, Sn Francisco, CA. Furthermore, each side will bear their own costs and I attorney fees arising from the Subject Accident. I agree that the Minor shall not reside or move back into the subject property at 776-778 25th Ave, San Francisco, CA, or any other rental property owned by Trevor Deng and May Deng, at any time that the subject property or other rental property is still owned in whole or in part by Trevor Deng and May Deng or their heirs. I understand and agree that all details of this compromise and settlement of the aforementioned action shall remain completely confidential. Specifically, plaintiff and plaintiff's counsel hereby agree not to disclose or publish any information about the consideration paid on behalf of defendants by reference to the identities of the defendants, the aforementioned legal action, or the terms of this Release, except in response to the legal process, for purposes of fulfilling government report obligations, or as otherwise required by law. FURTHER, | agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, government entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to the Minor or on behalf of the Minor as a result of this tenancy by way of contribution, subrogation, indemnity, or otherwise. This Release shall become effective immediately following the order by the Superior Court of California, County of San Francisco, approving the compromise of this disputed claim by the Minor. The consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,001.00) shall be paid—in the manner ordered by the court—following the court’s approval of this compromise of this disputed claim. The undersigned hereby declares under penalty of perjury that the undersigned is authorized to sign this release on behalf of Minor. The undersigned acknowledges that the released parties are relying on this representation that the undersigned is authorized to sign this Release on behalf of Minor. The undersignedagrees to indemnify and hold harmless the released parties from all claims, brought by or on behalf of the Minor, resulting from or related to the Tenancy. **This settlement is conditioned upon the undersigned handling any and all liens.* T HAVE READ THIS RELEASE AND UNDERSTAND IT. Signed this Sd day of art _ r018,at SE C/A 7 Gi 7 State) Sveti ahs, fd. jnglr~ WITHESS Angelique Rochelle, GUARDIAN AD LITEM OF iy Leona Paslay, A Minor hy Ww Bulity Sr cok bi0 WITNESS ADDRESS se, ca 9/1 For your protection California Law (Insurance Code §1871.2) requires the following to appear on this form. Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Every person who violates any provisions of Insurance Code §1871.4 subdivision (a) is punishable up to five years in the state prison or by a fine not exceeding $50,000 or by both. *Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”RELEASE IN FULL OF ALL CLAIMS AND RIGHTS For and in consideration of the sum of Ten Thousand One and 00/100 Dollars ($10,001.00), receipt of which is acknowledged, I release and forever discharge TREVOR DENG AND MAY DENG, their successors in interest, assigns, principals, agents and representatives from any and all rights, claims, demands, harm and damages of any kind, known or unknown, existing or arising in the future, and accordingly do hereby expressly, voluntarily, knowingly and advisedly WAIVE any and all rights granted to me under California Civil Code §1542* resulting from or related to all injuries, harm, damages, costs, and attorney’s fees directly or indirectly arising out of Plaintiffs’ residential occupancy or tenancy at or near San Francisco, California, (the “tenancy”) in which Plaintiffs are alleged to have sustained injury, harm, and damage including, without limitation, certain personal, economic and non-economic injuries, including but not limited to those matters more particularly described in the pleadings and papers on file in the legal action now pending in San Francisco County Superior Court, Case No.CGC-16-555761, entitled Rochelle v. Deng, et al. . By waiving the rights granted to me under California Civil Code Section §1542, I understand and acknowledge that if I have suffered any personal injury, property damage, other harm or other injury as a result of the tenancy and (i) I am not presently aware of this injury or harm, or (ii) this injury or harm has not yet manifested itself, any claims for such injury or harm is forever released and discharged. This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is made, or persons who may claim to be damaged by reason of the tenancy other than the undersigned to pursue any legal remedies they may have against the undersigned or any other person. I understand that this is a compromise settlement of all my claims arising out of the tenancy referred to above, and there is no admission of liability. I understand that this is all the money or consideration I will receive from the above-described parties for any and all of my claims as a result of this tenancy. Furthermore, each side will bear their own costs and attorney fees arising from the Subject Accident. [affirm that I have no intention of moving back into the subject property at 776-778 25th Ave, San Francisco, CA. 1 agree not to reside or move back into the subject property at 776-778 25th Ave, San Francisco, CA or any other rental property owned by Trevor Deng and May Deng, at any time that the subject property or other rental property is still owned in whole or in part by Trevor Deng and May Deng or their heirs. J understand and agree that all details of this compromise and settlement of the aforementioned action shall remain completely confidential. Specifically, plaintiff and plaintiff's counsel hereby agree not to disclose or publish any information about the consideration paid on behalf of defendants by reference to the identities of the defendants, the aforementioned legal action, or the terms of this Release, except in response to the legal process, for purposes of fulfilling government report obligations, or as otherwise required by law. FURTHER, | agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, government entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to me or on my behalf as a result of this tenancy by way of contribution, subrogation, indemnity, or otherwise. **This settlement is conditioned upon the undersigned handling any and all liens.** I HAVE READ THIS RELEASE AND UNDERSTAND IT. Signed this 6 +h, o(farch 2018, te SOW) Fangsco cA (City State) ITKESS) Ba. e BachMe- Mathur) oger “Bak QSWITNESS Address (Please Complete) For your protection California Law (Insurance Code §1871.2) requires the following to appear on this form. Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Every person who violates any provisions of Insurance Code §1871.4 subdivision (a) is punishable up to five years in the state prison or by a fine not exceeding $50,000 or by both. *Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Attorney Certification: I have read this Release and have explained its terms to my client. | agree to the provisions of this agreement as they relate to confidentiality. Aseccees Dated: Attomey for Plaintiff