On April 07, 2005 a
Stipulation,Agreement
was filed
involving a dispute between
California Advocates For Nursing Home Reform,
and
California Advocates For Nursing Home Reform,
Rosenstein, Stan,
Schwarzenegger, Arnold,
Shewry, Sandra,
The Department Of Health Services,
Does 1-10, Inclusive,
for INJUNCTIVE RELIEF
in the District Court of San Francisco County.
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IOC
San Francisco Superior Courts
Information Technology Group
Document Scanning Lead Sheet
Jun-08-2005 3:13 pm
Case Number: CGC-05-440183
Filing Date: Jun-08-2005 3:12
Juke Box: 001 Image: 01216711
STIP AND ORDER
LIFORNIA ADVOCATES FOR NURSING HOME REFORM VS. ARNOLD SCHWARZENEGC
001001216711
Instructions:
Please place this sheet on top of the document to be scanned.Cm nr Dn FF WH =
NNN NY NY N YN NY DN | FF SF = Fe RF Se SF Ss
Coma AA RON F SCO we NIN DH FW NF SO
Y
Amitai Schwartz (State Bar #55187
Elizabeth S. Letcher (State Bar #172986)
Law Offices of Amitai Schwartz
Watergate Towers
2000 Powell Street, Suite 1286
Emeryville, CA 94608
tel. 6 10) 597-1775
fax (510) 597-0957
Attorneys for Plaintiff
California Advocates for
Nursing Home Reform
San Francisco ‘County Superior Court
JUN - 8 2005
GORDON PABK-LI, Clerk
BY: ‘ uty Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
CALIFORNIA ADVOCATES FOR
NURSING HOME REFORM,
Plaintiff and Petitioner,
vs.
ARNOLD SCHWARZENEGGER, in
his official capacity as Governor of
the State of California, SANDRA
SHEWRY, in her official capacity as
Director of the California Department
of Health Services; STAN .
ROSENSTEIN, in his official
capacity as Deputy Director, Medical
Care Services of the California
Department of Health Services;
DEPARTMENT OF HEALTH
SERVICES, and DOES | - 10,
inclusive,
Defendants and Respondents.
} NO. 05-440183
aad vepEet
STIPULATION'SETTLING CLAIM
FOR ATTORNEY’S FEES AND
COSTS; ORDER
|
!
;
STIPULATION
The parties, by and through their attorneys of record, hereby stipulate:
CASE NO. 05-440183
STIPULATION SETTLING CLAIM FOR
ATTORNEY’S FEES AND COSTS; ORDERCON DHA BF wWH =
NN Ye NY NN NR KN DN He Be ee Be ee ew eB
Crt H AF WH KF DD eA DH BF WN eH STS
1. On April 25, 2005 the court approved a stipulated settlement
agreement between the parties. Judgment was entered on May 4, 2005.
2. Plaintiff believes that it is entitled to attorney’s fees and expenses
pursuant to C.C.P. § 1021.5. Defendants dispute that plaintiff is entitled to fees
and expenses.
3. To avoid the uncertainty of litigation, the parties have agreed to settle
Plaintiffs claim for attorney’s fees and expenses.
4. Defendant California Department of Health Services agrees to pay
Plaintiff's counsel, Amitai Schwartz, $31,000.00 as attorneys’ fees and expenses
through and including the date of this stipulation.
5. Unless payment in full is received by July 1, 2005, interest will
accrue at the legal rate of 7% per annum from July 1, 2005 to the date that full
payment is received by Plaintiffs counsel.
6. In return for Defendant’s agreement set forth in this stipulation,
Plaintiff releases all defendants from all liability for attorney’s fees and expenses
for work performed on this case through and including the date of this stipulation.
The parties agree that nothing in this stipulation shall preclude Plaintiff from
requesting attorney’s fees and expenses incurred to enforce their agreement in this
matter, if necessary. The parties further agree that nothing in this agreement shall
preclude defendants from opposing any such future request.
CASE NO. 05-440183
STIPULATION SETTLING CLAIM FOR
ATTORNEY'S FEES AND COSTS; ORDER: 2Como NN DM BF WN
Nw NY NY NY NY NY NY NY YN YY | | | KF SF KK KK ES SS
on DN FW Nn KF COD eH DH FF Ww NY KF
7. The parties agree that the Court may enter the following order
approving, and directing the parties to comply with, this stipulation.
IT IS SO STIPULATED.
Dated: fet 0S
Dated: S (> (os
BILL LOCKYER
ATTO ‘Y GENERAL
wartz
eputy ‘Attorney General
Attorney for Defendants
LAW OFFICES OF AMITAI SCHWARTZ
AY QS ae
Amitai Schwartz
Attorney for Plaintiff
ORDER
Pursuant to the stipulation of the parties, and for good cause,
IT IS ORDERED that the parties comply with the terms of the foregoing
stipulation, and that Defendant California Department of Health Services shall pay
to Plaintiff's counsel, Amitai Schwartz, $31,000.00 on or before July 1, 2005. If
full payment is not received by July 1, 2005, interest at 7% shall accrue from July
1, 2005 to the date of payment.
Dated: / b/as—
CASE NO. 05-440183
STIPULATION SETTLING CLAIM FOR
ATTORNEY'S FEES AND COSTS; ORDER
“2 WARREN
Document Filed Date
June 08, 2005
Case Filing Date
April 07, 2005
Category
INJUNCTIVE RELIEF
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IOC San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Jun-08-2005 3:13 pm Case Number: CGC-05-440183 Filing Date: Jun-08-2005 3:12 Juke Box: 001 Image: 01216711 STIP AND ORDER LIFORNIA ADVOCATES FOR NURSING HOME REFORM VS. ARNOLD SCHWARZENEGC 001001216711 Instructions: Please place this sheet on top of the document to be scanned.Cm nr Dn FF WH = NNN NY NY N YN NY DN | FF SF = Fe RF Se SF Ss Coma AA RON F SCO we NIN DH FW NF SO Y Amitai Schwartz (State Bar #55187 Elizabeth S. Letcher (State Bar #172986) Law Offices of Amitai Schwartz Watergate Towers 2000 Powell Street, Suite 1286 Emeryville, CA 94608 tel. 6 10) 597-1775 fax (510) 597-0957 Attorneys for Plaintiff California Advocates for Nursing Home Reform San Francisco ‘County Superior Court JUN - 8 2005 GORDON PABK-LI, Clerk BY: ‘ uty Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION CALIFORNIA ADVOCATES FOR NURSING HOME REFORM, Plaintiff and Petitioner, vs. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California, SANDRA SHEWRY, in her official capacity as Director of the California Department of Health Services; STAN . ROSENSTEIN, in his official capacity as Deputy Director, Medical Care Services of the California Department of Health Services; DEPARTMENT OF HEALTH SERVICES, and DOES | - 10, inclusive, Defendants and Respondents. } NO. 05-440183 aad vepEet STIPULATION'SETTLING CLAIM FOR ATTORNEY’S FEES AND COSTS; ORDER | ! ; STIPULATION The parties, by and through their attorneys of record, hereby stipulate: CASE NO. 05-440183 STIPULATION SETTLING CLAIM FOR ATTORNEY’S FEES AND COSTS; ORDERCON DHA BF wWH = NN Ye NY NN NR KN DN He Be ee Be ee ew eB Crt H AF WH KF DD eA DH BF WN eH STS 1. On April 25, 2005 the court approved a stipulated settlement agreement between the parties. Judgment was entered on May 4, 2005. 2. Plaintiff believes that it is entitled to attorney’s fees and expenses pursuant to C.C.P. § 1021.5. Defendants dispute that plaintiff is entitled to fees and expenses. 3. To avoid the uncertainty of litigation, the parties have agreed to settle Plaintiffs claim for attorney’s fees and expenses. 4. Defendant California Department of Health Services agrees to pay Plaintiff's counsel, Amitai Schwartz, $31,000.00 as attorneys’ fees and expenses through and including the date of this stipulation. 5. Unless payment in full is received by July 1, 2005, interest will accrue at the legal rate of 7% per annum from July 1, 2005 to the date that full payment is received by Plaintiffs counsel. 6. In return for Defendant’s agreement set forth in this stipulation, Plaintiff releases all defendants from all liability for attorney’s fees and expenses for work performed on this case through and including the date of this stipulation. The parties agree that nothing in this stipulation shall preclude Plaintiff from requesting attorney’s fees and expenses incurred to enforce their agreement in this matter, if necessary. The parties further agree that nothing in this agreement shall preclude defendants from opposing any such future request. CASE NO. 05-440183 STIPULATION SETTLING CLAIM FOR ATTORNEY'S FEES AND COSTS; ORDER: 2Como NN DM BF WN Nw NY NY NY NY NY NY NY YN YY | | | KF SF KK KK ES SS on DN FW Nn KF COD eH DH FF Ww NY KF 7. The parties agree that the Court may enter the following order approving, and directing the parties to comply with, this stipulation. IT IS SO STIPULATED. Dated: fet 0S Dated: S (> (os BILL LOCKYER ATTO ‘Y GENERAL wartz eputy ‘Attorney General Attorney for Defendants LAW OFFICES OF AMITAI SCHWARTZ AY QS ae Amitai Schwartz Attorney for Plaintiff ORDER Pursuant to the stipulation of the parties, and for good cause, IT IS ORDERED that the parties comply with the terms of the foregoing stipulation, and that Defendant California Department of Health Services shall pay to Plaintiff's counsel, Amitai Schwartz, $31,000.00 on or before July 1, 2005. If full payment is not received by July 1, 2005, interest at 7% shall accrue from July 1, 2005 to the date of payment. Dated: / b/as— CASE NO. 05-440183 STIPULATION SETTLING CLAIM FOR ATTORNEY'S FEES AND COSTS; ORDER “2 WARREN