Preview
1 Bruce A. Hatkoff, State Bar No. 66146
Natalia A. Minassian, State Bar No. 227664
2 Hatkoff & Minassian, A Law Corporation ELECTRONICALLY
3
18757 Burbank Blvd... Suite
Tarzana, CA 91356
100
F I L E D
Superior Court of California,
County of San Francisco
4 Telephone: {818) 990-5180
Fax: (818) 990-2463 12/30/2019
5 nminassian(a,hatkofflaw.corn Clerk of the Court
BY: ERNALYN BURA
Deputy Clerk
6 Attorneys for Plaintiff
File No. 4823838
7
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
10 COUNTY OF CENTRAL DISTRICT, UNLIMITED CIVII. CASK
12 Jonathan Neil & Associates, Inc., ) CASF, NO: CGC-18-571639
a California Corporation )
13 )
Plaintiff, ) (Assigned to Dept. 610)
14 )
)
15 vs. )
) STIPULATION FOR ENTRY OF
16 Nico Corporation, a California Corporation dba ) JUDGMENT
Nice Collective; )
17 Ian M. Hannula aka Ian Hannula; )
Joseph P. Hailer aka Joe Elaller aka Joseph )
18 Hailer ) Date Action Filed: 11/28/2018
and Doesl through 50, inclusive, )
19 )
)
20 Defendants. )
)
21 )
22
IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff, Jonathan Neil & Associates, Inc., a
23
California Corporation {hereinatterrefetredto as "PLAINTIFF" ), represented by its attorney of record,
24
Hatkoff & Minassian, A Law Corporation by Natalia A. Minassian, and, on the other hand, Nico
25
Corporation, a California Corporation dba Nice Collective, Ian M, Hannula aka Ian Hannula, Joseph
26
P. Hailer aka Joe Hailer aka Joseph Hailer (hereinafter collectively referred to as "DEFENDANT" ),
27
represented by MacDonald Fernandez LLP by Keno Fernandez (PLAINTIFF and DEFENDANT shall
28
hereinafter collectively be referred to as "PARTIES" ) (this document shall be referred to as
S'iWP(CASES(JONATHAN t 'EIL S ASSOCIATES CASEStNico Corporation (lan Hannula) 4823838tsttpulation wPd
1
STIPULATION FOR ENTRY OF JLtDGMENT
1 "STIPULATION" ) that:
1. Judgment herein may be entered in favor of PLAINTIFF and against
3 DEFENDANT for the principal sum of $ 89,882.84 together with costs of suit involved herein in the
4 sum of $ 850.00, attorney's fees in the sum of $ 11,000.00, and accrued interest at the rate of ten percent
5 (10%) per annum in the amount of $ 13,716.37 for a total judgment amount of $ 115,449.21 plus the
6 return of the Security as alleged in the Complaint on file herein (8 JUDGMENT AMOUNT" ).
2. As an alternative to having judgment entered, PLAINTIFF has conditionally
B agreed to accept the sum of $ 113,322.00 (SETTLEMENT AMOUNT) to be paid as follows:
(a) DEPENDANT shall pay to PLAINTIFF a down payment in the sum of
10 $ 10,000.00 to be received on December 23, 2019;
(b) Thereafter, DEFENDANT shall pay to PLAINTIFF monthly payments
12 of $ 1,400.00 to be received on or before the 15'" of each month, commencing January 15, 2020 and
13 continuing on the same day of each month thereafter until the SETTLEMENT AMOUNT is paid in
14 full.
(c) No interest will accrue as long as all payments are made in a timely
16 manner.
17 (d) All checks are to be made payableto "Jonathan Neil & Associates, Inc."
18 and shall be submitted to P.O. BOX 7000, Tarzana, CA 91357; if the payments are sent by FEDEX
l. 9 or any surface carrier, then the payments shall be sent to the physical address located at 18321 Ventura
20 Blvd., Suite 1000, Tarzana, CA 91356-4250. Payment by credit card is not an available option.
21 (e) PLAINTIFF shall forward to DEFENDANT a dismissal of the
22 underlying action withprejudice after timelypayment andperformance of all obligations under this
23 STIPULATION by the DEFENDANT. The Court may elect to dismiss this action without prejudice
24 and retain jurisdiction over this case and over the PARTIES until full performance of the obligations
25 in this STIPULATION is completed as provided herein.
26 3. IT IS FURTHER STIPULATED that this payment plan will take longer than
27 45 days. PLAINTIFF will either dismiss the complaint on file herein within 45 days after the final
2B payment has been received and cleared, or seek to have judgment as provided herein entered prior to
8:tWPtCASEStJONATHAN NEI' ASSOCIATES CASEStNico Corporatron (lan Hannula) 4823838tstrpulatron.apd
STIPULATION FOR ENTRY OF JUDGMENT
1 this time in the event of an uncured default by DEFENDANT.
4. IT IS FURTHER STIPULATED that if DEFENDANT submits a payment that
3 is returned marked insufficient funds or due to a stop payment, all subsequent payments will be
4 required to me made via certified funds or cash.
5. IT IS FURTHER STIPULATED that in the event a payment is not received
6 when due or DEFEM3ANT fails to perform any other obligation as stated herein, the PLAINTIFF
7 shall give a five (5) day written email notice to DEFENDANT at the email address listed below the
8 signature lines herein advising of said missed payment or failure to perform (" Default*'). Any written
9 notices to cure anymissed payment shall also require the DEFENDANT to paya late notice fee in the
10 sum of $ 350.00 in addition to the amount of thc payment missed. In the event that the payment and
11 the late notice fee then due are not received within five (5) days of the date of said notice, PLAINTIFF
12 may without further notice to the DFFFNDANT or DFFENDANT's counsel, have the dismissal set
13 aside and have judgment entered against DEFENDANT for the JUDGMENT AMOUYT less credits
14 for payments made being first applied to interest at 10% per annum on the JLrDGMEVT AMOUNT
15 from December 6, 2019, and then against the principal of the JUDGMFNT AMOUNT, plus interest
16 as provided hereinabove plus any and all other sums provided for in this STIPULATION, inchiding
17 the return of the Security as alleged in the Complaint on file herein. The dismissal may be set aside
18 and judgment entered upon ex parte apphcation by pLAINI'IFF to the Court as provided for without
19 further notice being required to be provided by PLAINTIFF or its Counsel to DFFEYDANT or
20 DEFENDAYT's counsel.
21 6. In the event it becomes necessary for PLAINTIFF to have judgment entered
22 against DEFENDANT, and/or to execute upon saidjudgment, PLAINTIFF shall be entitled to recover
23 its attorney's fees and costs incurred in obtaining and enforcing the Judgment from DEFENDANT.
24 The PARTIES agree that the amount of $ 2,500.00 representing attorney fees incurred in obtaining
25 judgment resulting from DEFENDANT's default pursuant to this STIPULATION is reasonable.
26 7. IT IS FURTHER STIPULATED that each and all of the allegations, claims and
27 conditions of PLAINTIFF alleged in the Complaint on file herein are true and the foregoing shall be
28 deemed to have the force and effect as though embodied in formal findings of fact and conclusions of
S tWPtCASEStJONATPAN NEIL 8 ASSOCIATES CASESiNico Corporation ilan Hannula) 4823838tstipulation upd
STIPULATION FOR ENTRY OF JLTIJGMENT
1 law, and that the DEFENDANT admits liability to PLAINTIFF in the amount set forth in paragraph
2 I above. The SETTLEMENT AMOUNT, conditioned on timely installment payments, is part of the
3 original debt that DEFENDANT admits it owes, resulting in an agreement to forebear on the
4 immediate collection of the debt in fulL
5 8. IT IS FURTHER STIPULATED that the inclusion of the SETTLEMENT
6 AMOUNT herein is conditioned upon the DEFENDANT'S solvency and satisfactory completion of
7 all payments under the SETTLEMENT AMOUNT. In the event the DEFENDANT files for relief
8 under any State or Federal insolvency, or Bankruptcy Statutes within 100 days after the last payment
9 required hereunder has cleared, the PARTIES agree that the JUDGMENT AMOUNT stated herein is
10 the amount owed and outstanding and the proper amount to be included in a bankruptcy claim, after
11 credit for any payments made plus accrued interest to the date of the filing of the bankruptcy petition.
12 9. IT IS FURTHER STIPUI,ATED that the JUDGMENT AMOUNT under the
13 STIPUI ATION is the agreed upon amount of monies owed by the DEFENDANT to the PLAlNTIFF
14 and is neither a penalty nor is it a liquidated damage charge. The SFTTLEMENT AMOUNT, if one
15 is provided for herein, is a conditional adjustment to the JUDGMENT AMOUNT based upon
16 DEFFNDANT making all payments and performing all obligations as voluntarily agreed upon under
17 the terms of this STIPULATION, Both the SETTLEMENT AMOUNT and JUDGMENT AMOUNT
18 take into consideration the economics associated with proceeding further with this matter, including
19 but not limited to:
20 (a) A fully performed settlement.
21 (b) Limiting the continuing attorney's fees and costs related to litigation,
22 (c) Limiting attorney's fees and costs related to post-Judgmentprocedures,
23 including but not limited to, Judgment Debtor Examinations, debtor and asset searches, levies, writs,
24 assignments and Sister-State Judgments.
25 (d) Elimination of the uncertainties related to collection of a Judgment in
26 contrast to a full voluntary payment and performance by the DEFENDANT.
27 10, IT IS FURTHER STIPULATED that this STIPULATION is not intended by
28 the PARTIES to act as a novation or as a separate agreement from the underlying obligation between
S IWPICASESLIONATHAN NEIL 8 ASSOCIATES CASESINico Corporation (lan Hannula) 4823838tstipulatton.apd
STIPULATION FOR ENTRY OF JUDGMENT
1 the PARTIES. This STIPULATION is simply a settlement of the lawsuit that resulted from
2 DEFENDANT's non-payment of the obligation to PLAINTIFF.
3 II. IT IS FURTHER STIPULATED that the JUDGMENT AMOUNT set forth in
paragraph I above hears a reasonable relationship to the range of actual damages the PARTIES
5 anticipate would flow from a breach of this STIPULATION, and is not construed by DEFENDANT
6 as an excessive amount. DEFENDANT'S counsel has explained the meaning of this provision to
7 DEFENDANT and if DEFENDANT has no counsel, DEFENDANT has had an opportunity to seek
8 counsel to explain the meaning of this provision, and the remaining provisions of this STIPULATION
9 as provided for by paragraph 24 below.
10 12. IT IS FURTHER STIPULATED that the PARTIES hereby jointly request the
11 court to retain jurisdiction of this case and over the parties personally until final performance of the
12 provisions of this STPULATION as stated herein. This includes but is not limited to the tolling of
13 any applicable statute, rule or court order affecting timelyprosecution of this action pursuant to CC P.
14 Sections 581, et seq., 583,310, 583.330, 583.340, 583,350 and 664.6.
13. IT IS FURTHER STPULATED that in the event the Court dismisses this case
16 without prejudice, which the PARTIFS give their consent to based on either the filing of this
17 STIPULATION or based on the filing of a Notice of Conditional Settlement pursuant to California
18 Rule of Court Rule 1.385 or any other applicable rule or statute, DEFENDANT waives Notice of
19 Hearingre Motion to Vacate Dismissal and that Dismissal maybe vacated and Judgment entered on
20 an ex parte application of PLAINTIFF.
21 14. IT IS FURTHER STIPULATED that findings of fact and conclusions of law
22 shall be, and the same are, hereby waived.
23 15, IT IS FURTHER STIPULATED that an order approving this Stipulation may,
24 but need not, be obtained and the same maybe obtained ex parte from a court commissioner.
25 16. IT IS FURTHER STIPULATED that anyjudgment entered in accordance with
26 the terms of this STIPLLATION may be rendered and entered by a court commissioner,
27 I7. IT IS FURTHER STIPULATED that judgment shall be entered and become
2B final for all purposes upon entry of judgment.
S IWPICASESIJONATHAN NEIL& 5
ASSOCIATES CASEStNico Corporation (lan Hannula) 4823838tstipulatton apd
STIPULATION FOR ENTRY OF JUDGMENT
1 Ig. IT IS FURTHER STIPULATED that DEFENDANT, by entry of this
2 STIPULATION, makes a general appearance in the proceedings herein and thereby consents to the
3 exercise of the jurisdiction of all California courts with respect to proceedings herein and consents to
4 the jtnisdiction of said court to issue any orders, judgments or to take any other action with respect to
5 the proceedings herein.
19. IT IS FURTHER STIPULATED that DEFENDANT waives Notice of Entry
7 of Judgment and Notice of Hearing re Entry of Judgment and that Judgment may be entered on an ex
8 parte application of PLAINTIFF. Each party waives the right to appeal from the judgment entered
9 hereon.
10 20. IT IS FURTIIER STIPULATED that in the event that a default was previously
11 entered against this DEFENDANT in the above-captioned matter that default shall be set aside at the
12 time of filing this STIPULATION.
13 21. IT IS FURTHER STIPULATED that this S'11PULATION may be signed in
14 counterparts and takentogether shall constitute the executed STIPULATION. A fax or email signature
15 copy of this STIPULATION may be used as if it werc the originaL
16 22. ADDITIONAL DEFAULTS: IT IS FURTHER STIP1JLATFD that
17 A. The failure of the DEFENDANT to provide original signatures to this
18 STIPULATION shall be considered a breach of the DEFENDANT'S obligations herein and subject
19 the DEFENDANT to the provisions in paragraph 4 herein, including but not limited to Judgment.
20 B. The PI.AINTIFF can only provide credit for payments made to the
21 DEFENDAYT*S account upon confirmation that the funds tendered have been paid by the bank on
22 which they are drawn. In the event that PLAINTIFF is unable to confirm that DEFENDANT'S
23 payments have cleared the bank, DEFENDANT shall have the burden to provide proof that
24 DEFENDANT's checks have been paid. In the event PLAINTIFF is unable to confirm a payment has
25 cleared DEFEYDANT*S bank and DEFENDANT has not provided proof after 10 days from the date
26 of the DEFENDANT'S written demand, DEFENDANT shall be subject to the provisions in paragraph
27 4 herein, including but not limited to the entry of Judgment as provided for herein.
28
S IWPICASESIJONATI-IAN NEIL 8 ASSOCIATES CASEStNioo Corporation (lan Hannula) 4823838tsbpulation.wpd
STIPULATION FOR ENTRY QF JUDGMENT
1 23. INTEGRATION
This STIPULATION supersedes any and all prior agreements, promises or
3 inducements between the PARTIES pertaining to its subject matter. This STIPULATION constitutes
4 the entire and exclusive agreement between the PARTIES pertaining to its subject matter. This
5 STIPULATION may not be modified except by a writing signed by all PARTIES. The PARTIES
6 agree that, in the event that a fact upon which this STIPULATION is executed is different than that
7 previously believed to be true, the PARTIES assume such risk and this STIPULATION shall remain
8 effective.
9 24. IT IS UNDERSTOOD THAT THIS STIPULATION WAS PREPARED BY
10 THE ATTORNEY FOR PLAINTIFF AND THAT DEFENDANT IS REPRESENTFD BY LFGAL
11 COUNSEL. DEFENDANT ACKNOWLFDGES THAT DEFENDANT HAS READ AND
12 UNDERSTOOD THE CONTENTS AND I.EGAL EFFECTS OF THIS STIPULATION AND PIAS
13 FNTERED IiNTO IT FREELY AND VOLUNTARILY AND THAT DEFENDANT WAIVES ANY
14 RIGHT TO RESCIND OR SET ASIDE THIS STIPULATION.
15 ///
16 ///
17 ///
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22
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S iWPicASESi JONATHAnl NEIL 8, ASSOCIATES GAS ESINioo Corporation (lan Hannulal 4823838IStipulatron.wpd
STIPULATION FOR ENTRY OF JUDGMENT
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Jonathan Neil & Associates, Inc
a California Cotporation
S——
2
~C.ok~
Rita Anderson,
Assistant Vice-President
5
Dated;
6 Ian M. Hannula aka Ian Hannula
8 Dated;
Joseph P. Hailer aka Joe Hailer aka Joseph Hailer
11 Dated: Nico Corporation, a CaEfornia Corporation dba Nice
Collective
By:
13 Name;
Title;
15 APPROVED AS TO FORM AND CONTENTt
16
17 n I d: dr(i+( HATKOFF & MINASSIAN,
A I.,A"IV CORPORATION
20 Natalia A.4Minassian,
Attorney for Plaintiff
21
Dated: MACDONALD FERNANDEZ, LLP
22
23
By:
Reno Femandez
Attorney for Defendants
25
27 LA.TE NOTICE INFORMATION TO BE EMAILED TO:
Name: Reno Fernandez
28 Email Address; reno macfern.corn
8
SAWP'ICASESLIONATHAN NEIL!I ASSOCIATES CASESiNioo Corporation (lan Hannula) 4823838isspulason,upd
STIPULATION FOR ENTRY OF JUDGMENT
Preview
1 Bruce A. Hatkoff, State Bar No. 66146 Natalia A. Minassian, State Bar No. 227664 2 Hatkoff & Minassian, A Law Corporation ELECTRONICALLY 3 18757 Burbank Blvd... Suite Tarzana, CA 91356 100 F I L E D Superior Court of California, County of San Francisco 4 Telephone: {818) 990-5180 Fax: (818) 990-2463 12/30/2019 5 nminassian(a,hatkofflaw.corn Clerk of the Court BY: ERNALYN BURA Deputy Clerk 6 Attorneys for Plaintiff File No. 4823838 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 10 COUNTY OF CENTRAL DISTRICT, UNLIMITED CIVII. CASK 12 Jonathan Neil & Associates, Inc., ) CASF, NO: CGC-18-571639 a California Corporation ) 13 ) Plaintiff, ) (Assigned to Dept. 610) 14 ) ) 15 vs. ) ) STIPULATION FOR ENTRY OF 16 Nico Corporation, a California Corporation dba ) JUDGMENT Nice Collective; ) 17 Ian M. Hannula aka Ian Hannula; ) Joseph P. Hailer aka Joe Elaller aka Joseph ) 18 Hailer ) Date Action Filed: 11/28/2018 and Doesl through 50, inclusive, ) 19 ) ) 20 Defendants. ) ) 21 ) 22 IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff, Jonathan Neil & Associates, Inc., a 23 California Corporation {hereinatterrefetredto as "PLAINTIFF" ), represented by its attorney of record, 24 Hatkoff & Minassian, A Law Corporation by Natalia A. Minassian, and, on the other hand, Nico 25 Corporation, a California Corporation dba Nice Collective, Ian M, Hannula aka Ian Hannula, Joseph 26 P. Hailer aka Joe Hailer aka Joseph Hailer (hereinafter collectively referred to as "DEFENDANT" ), 27 represented by MacDonald Fernandez LLP by Keno Fernandez (PLAINTIFF and DEFENDANT shall 28 hereinafter collectively be referred to as "PARTIES" ) (this document shall be referred to as S'iWP(CASES(JONATHAN t 'EIL S ASSOCIATES CASEStNico Corporation (lan Hannula) 4823838tsttpulation wPd 1 STIPULATION FOR ENTRY OF JLtDGMENT 1 "STIPULATION" ) that: 1. Judgment herein may be entered in favor of PLAINTIFF and against 3 DEFENDANT for the principal sum of $ 89,882.84 together with costs of suit involved herein in the 4 sum of $ 850.00, attorney's fees in the sum of $ 11,000.00, and accrued interest at the rate of ten percent 5 (10%) per annum in the amount of $ 13,716.37 for a total judgment amount of $ 115,449.21 plus the 6 return of the Security as alleged in the Complaint on file herein (8 JUDGMENT AMOUNT" ). 2. As an alternative to having judgment entered, PLAINTIFF has conditionally B agreed to accept the sum of $ 113,322.00 (SETTLEMENT AMOUNT) to be paid as follows: (a) DEPENDANT shall pay to PLAINTIFF a down payment in the sum of 10 $ 10,000.00 to be received on December 23, 2019; (b) Thereafter, DEFENDANT shall pay to PLAINTIFF monthly payments 12 of $ 1,400.00 to be received on or before the 15'" of each month, commencing January 15, 2020 and 13 continuing on the same day of each month thereafter until the SETTLEMENT AMOUNT is paid in 14 full. (c) No interest will accrue as long as all payments are made in a timely 16 manner. 17 (d) All checks are to be made payableto "Jonathan Neil & Associates, Inc." 18 and shall be submitted to P.O. BOX 7000, Tarzana, CA 91357; if the payments are sent by FEDEX l. 9 or any surface carrier, then the payments shall be sent to the physical address located at 18321 Ventura 20 Blvd., Suite 1000, Tarzana, CA 91356-4250. Payment by credit card is not an available option. 21 (e) PLAINTIFF shall forward to DEFENDANT a dismissal of the 22 underlying action withprejudice after timelypayment andperformance of all obligations under this 23 STIPULATION by the DEFENDANT. The Court may elect to dismiss this action without prejudice 24 and retain jurisdiction over this case and over the PARTIES until full performance of the obligations 25 in this STIPULATION is completed as provided herein. 26 3. IT IS FURTHER STIPULATED that this payment plan will take longer than 27 45 days. PLAINTIFF will either dismiss the complaint on file herein within 45 days after the final 2B payment has been received and cleared, or seek to have judgment as provided herein entered prior to 8:tWPtCASEStJONATHAN NEI' ASSOCIATES CASEStNico Corporatron (lan Hannula) 4823838tstrpulatron.apd STIPULATION FOR ENTRY OF JUDGMENT 1 this time in the event of an uncured default by DEFENDANT. 4. IT IS FURTHER STIPULATED that if DEFENDANT submits a payment that 3 is returned marked insufficient funds or due to a stop payment, all subsequent payments will be 4 required to me made via certified funds or cash. 5. IT IS FURTHER STIPULATED that in the event a payment is not received 6 when due or DEFEM3ANT fails to perform any other obligation as stated herein, the PLAINTIFF 7 shall give a five (5) day written email notice to DEFENDANT at the email address listed below the 8 signature lines herein advising of said missed payment or failure to perform (" Default*'). Any written 9 notices to cure anymissed payment shall also require the DEFENDANT to paya late notice fee in the 10 sum of $ 350.00 in addition to the amount of thc payment missed. In the event that the payment and 11 the late notice fee then due are not received within five (5) days of the date of said notice, PLAINTIFF 12 may without further notice to the DFFFNDANT or DFFENDANT's counsel, have the dismissal set 13 aside and have judgment entered against DEFENDANT for the JUDGMENT AMOUYT less credits 14 for payments made being first applied to interest at 10% per annum on the JLrDGMEVT AMOUNT 15 from December 6, 2019, and then against the principal of the JUDGMFNT AMOUNT, plus interest 16 as provided hereinabove plus any and all other sums provided for in this STIPULATION, inchiding 17 the return of the Security as alleged in the Complaint on file herein. The dismissal may be set aside 18 and judgment entered upon ex parte apphcation by pLAINI'IFF to the Court as provided for without 19 further notice being required to be provided by PLAINTIFF or its Counsel to DFFEYDANT or 20 DEFENDAYT's counsel. 21 6. In the event it becomes necessary for PLAINTIFF to have judgment entered 22 against DEFENDANT, and/or to execute upon saidjudgment, PLAINTIFF shall be entitled to recover 23 its attorney's fees and costs incurred in obtaining and enforcing the Judgment from DEFENDANT. 24 The PARTIES agree that the amount of $ 2,500.00 representing attorney fees incurred in obtaining 25 judgment resulting from DEFENDANT's default pursuant to this STIPULATION is reasonable. 26 7. IT IS FURTHER STIPULATED that each and all of the allegations, claims and 27 conditions of PLAINTIFF alleged in the Complaint on file herein are true and the foregoing shall be 28 deemed to have the force and effect as though embodied in formal findings of fact and conclusions of S tWPtCASEStJONATPAN NEIL 8 ASSOCIATES CASESiNico Corporation ilan Hannula) 4823838tstipulation upd STIPULATION FOR ENTRY OF JLTIJGMENT 1 law, and that the DEFENDANT admits liability to PLAINTIFF in the amount set forth in paragraph 2 I above. The SETTLEMENT AMOUNT, conditioned on timely installment payments, is part of the 3 original debt that DEFENDANT admits it owes, resulting in an agreement to forebear on the 4 immediate collection of the debt in fulL 5 8. IT IS FURTHER STIPULATED that the inclusion of the SETTLEMENT 6 AMOUNT herein is conditioned upon the DEFENDANT'S solvency and satisfactory completion of 7 all payments under the SETTLEMENT AMOUNT. In the event the DEFENDANT files for relief 8 under any State or Federal insolvency, or Bankruptcy Statutes within 100 days after the last payment 9 required hereunder has cleared, the PARTIES agree that the JUDGMENT AMOUNT stated herein is 10 the amount owed and outstanding and the proper amount to be included in a bankruptcy claim, after 11 credit for any payments made plus accrued interest to the date of the filing of the bankruptcy petition. 12 9. IT IS FURTHER STIPUI,ATED that the JUDGMENT AMOUNT under the 13 STIPUI ATION is the agreed upon amount of monies owed by the DEFENDANT to the PLAlNTIFF 14 and is neither a penalty nor is it a liquidated damage charge. The SFTTLEMENT AMOUNT, if one 15 is provided for herein, is a conditional adjustment to the JUDGMENT AMOUNT based upon 16 DEFFNDANT making all payments and performing all obligations as voluntarily agreed upon under 17 the terms of this STIPULATION, Both the SETTLEMENT AMOUNT and JUDGMENT AMOUNT 18 take into consideration the economics associated with proceeding further with this matter, including 19 but not limited to: 20 (a) A fully performed settlement. 21 (b) Limiting the continuing attorney's fees and costs related to litigation, 22 (c) Limiting attorney's fees and costs related to post-Judgmentprocedures, 23 including but not limited to, Judgment Debtor Examinations, debtor and asset searches, levies, writs, 24 assignments and Sister-State Judgments. 25 (d) Elimination of the uncertainties related to collection of a Judgment in 26 contrast to a full voluntary payment and performance by the DEFENDANT. 27 10, IT IS FURTHER STIPULATED that this STIPULATION is not intended by 28 the PARTIES to act as a novation or as a separate agreement from the underlying obligation between S IWPICASESLIONATHAN NEIL 8 ASSOCIATES CASESINico Corporation (lan Hannula) 4823838tstipulatton.apd STIPULATION FOR ENTRY OF JUDGMENT 1 the PARTIES. This STIPULATION is simply a settlement of the lawsuit that resulted from 2 DEFENDANT's non-payment of the obligation to PLAINTIFF. 3 II. IT IS FURTHER STIPULATED that the JUDGMENT AMOUNT set forth in paragraph I above hears a reasonable relationship to the range of actual damages the PARTIES 5 anticipate would flow from a breach of this STIPULATION, and is not construed by DEFENDANT 6 as an excessive amount. DEFENDANT'S counsel has explained the meaning of this provision to 7 DEFENDANT and if DEFENDANT has no counsel, DEFENDANT has had an opportunity to seek 8 counsel to explain the meaning of this provision, and the remaining provisions of this STIPULATION 9 as provided for by paragraph 24 below. 10 12. IT IS FURTHER STIPULATED that the PARTIES hereby jointly request the 11 court to retain jurisdiction of this case and over the parties personally until final performance of the 12 provisions of this STPULATION as stated herein. This includes but is not limited to the tolling of 13 any applicable statute, rule or court order affecting timelyprosecution of this action pursuant to CC P. 14 Sections 581, et seq., 583,310, 583.330, 583.340, 583,350 and 664.6. 13. IT IS FURTHER STPULATED that in the event the Court dismisses this case 16 without prejudice, which the PARTIFS give their consent to based on either the filing of this 17 STIPULATION or based on the filing of a Notice of Conditional Settlement pursuant to California 18 Rule of Court Rule 1.385 or any other applicable rule or statute, DEFENDANT waives Notice of 19 Hearingre Motion to Vacate Dismissal and that Dismissal maybe vacated and Judgment entered on 20 an ex parte application of PLAINTIFF. 21 14. IT IS FURTHER STIPULATED that findings of fact and conclusions of law 22 shall be, and the same are, hereby waived. 23 15, IT IS FURTHER STIPULATED that an order approving this Stipulation may, 24 but need not, be obtained and the same maybe obtained ex parte from a court commissioner. 25 16. IT IS FURTHER STIPULATED that anyjudgment entered in accordance with 26 the terms of this STIPLLATION may be rendered and entered by a court commissioner, 27 I7. IT IS FURTHER STIPULATED that judgment shall be entered and become 2B final for all purposes upon entry of judgment. S IWPICASESIJONATHAN NEIL& 5 ASSOCIATES CASEStNico Corporation (lan Hannula) 4823838tstipulatton apd STIPULATION FOR ENTRY OF JUDGMENT 1 Ig. IT IS FURTHER STIPULATED that DEFENDANT, by entry of this 2 STIPULATION, makes a general appearance in the proceedings herein and thereby consents to the 3 exercise of the jurisdiction of all California courts with respect to proceedings herein and consents to 4 the jtnisdiction of said court to issue any orders, judgments or to take any other action with respect to 5 the proceedings herein. 19. IT IS FURTHER STIPULATED that DEFENDANT waives Notice of Entry 7 of Judgment and Notice of Hearing re Entry of Judgment and that Judgment may be entered on an ex 8 parte application of PLAINTIFF. Each party waives the right to appeal from the judgment entered 9 hereon. 10 20. IT IS FURTIIER STIPULATED that in the event that a default was previously 11 entered against this DEFENDANT in the above-captioned matter that default shall be set aside at the 12 time of filing this STIPULATION. 13 21. IT IS FURTHER STIPULATED that this S'11PULATION may be signed in 14 counterparts and takentogether shall constitute the executed STIPULATION. A fax or email signature 15 copy of this STIPULATION may be used as if it werc the originaL 16 22. ADDITIONAL DEFAULTS: IT IS FURTHER STIP1JLATFD that 17 A. The failure of the DEFENDANT to provide original signatures to this 18 STIPULATION shall be considered a breach of the DEFENDANT'S obligations herein and subject 19 the DEFENDANT to the provisions in paragraph 4 herein, including but not limited to Judgment. 20 B. The PI.AINTIFF can only provide credit for payments made to the 21 DEFENDAYT*S account upon confirmation that the funds tendered have been paid by the bank on 22 which they are drawn. In the event that PLAINTIFF is unable to confirm that DEFENDANT'S 23 payments have cleared the bank, DEFENDANT shall have the burden to provide proof that 24 DEFENDANT's checks have been paid. In the event PLAINTIFF is unable to confirm a payment has 25 cleared DEFEYDANT*S bank and DEFENDANT has not provided proof after 10 days from the date 26 of the DEFENDANT'S written demand, DEFENDANT shall be subject to the provisions in paragraph 27 4 herein, including but not limited to the entry of Judgment as provided for herein. 28 S IWPICASESIJONATI-IAN NEIL 8 ASSOCIATES CASEStNioo Corporation (lan Hannula) 4823838tsbpulation.wpd STIPULATION FOR ENTRY QF JUDGMENT 1 23. INTEGRATION This STIPULATION supersedes any and all prior agreements, promises or 3 inducements between the PARTIES pertaining to its subject matter. This STIPULATION constitutes 4 the entire and exclusive agreement between the PARTIES pertaining to its subject matter. This 5 STIPULATION may not be modified except by a writing signed by all PARTIES. The PARTIES 6 agree that, in the event that a fact upon which this STIPULATION is executed is different than that 7 previously believed to be true, the PARTIES assume such risk and this STIPULATION shall remain 8 effective. 9 24. IT IS UNDERSTOOD THAT THIS STIPULATION WAS PREPARED BY 10 THE ATTORNEY FOR PLAINTIFF AND THAT DEFENDANT IS REPRESENTFD BY LFGAL 11 COUNSEL. DEFENDANT ACKNOWLFDGES THAT DEFENDANT HAS READ AND 12 UNDERSTOOD THE CONTENTS AND I.EGAL EFFECTS OF THIS STIPULATION AND PIAS 13 FNTERED IiNTO IT FREELY AND VOLUNTARILY AND THAT DEFENDANT WAIVES ANY 14 RIGHT TO RESCIND OR SET ASIDE THIS STIPULATION. 15 /// 16 /// 17 /// 1B 21 22 23 25 26 27 2B 7 S iWPicASESi JONATHAnl NEIL 8, ASSOCIATES GAS ESINioo Corporation (lan Hannulal 4823838IStipulatron.wpd STIPULATION FOR ENTRY OF JUDGMENT @':,'0p„;"".",",,":%+ W ! 8y; ',":new N-':. & &/T~/I ' j ~.~6~. ~eiitf@pg ", I: r": --: : li 4 i'5%ii::P::::: J:l~l.,:t:g -,.:::-:::;:.Z~:.PA .+5 "~!KNANiM3'~'ika,gqyejkl~~ ...~ ."'4l.' ! xw':: .":.saw z& 1 t 4 //'9:w@:ys geese'mama'cwoods 'n assma»: ! 14i* ~PRovae'@8 '.:NNNAWN&~N'i: '8." X9-'':,i'9iW,"-'.. t '"i)~m'.: t&'f'n 44't '""'! I l.ti . '~5@4,"~~M,.M'~~5ii'We4elyyty. 2l: .'LAW 0~:~~%05f:tO! Sk: KMAKSS'::TP& 48.,$ ~ M,~ 444~8&~: '0+~~~A0N.,+~'oNAig+~i48~-~~~~~A~e@a'sa~~M ':iW~xi@~ii4MRv':i'~ Y) Jonathan Neil & Associates, Inc a California Cotporation S—— 2 ~C.ok~ Rita Anderson, Assistant Vice-President 5 Dated; 6 Ian M. Hannula aka Ian Hannula 8 Dated; Joseph P. Hailer aka Joe Hailer aka Joseph Hailer 11 Dated: Nico Corporation, a CaEfornia Corporation dba Nice Collective By: 13 Name; Title; 15 APPROVED AS TO FORM AND CONTENTt 16 17 n I d: dr(i+( HATKOFF & MINASSIAN, A I.,A"IV CORPORATION 20 Natalia A.4Minassian, Attorney for Plaintiff 21 Dated: MACDONALD FERNANDEZ, LLP 22 23 By: Reno Femandez Attorney for Defendants 25 27 LA.TE NOTICE INFORMATION TO BE EMAILED TO: Name: Reno Fernandez 28 Email Address; reno macfern.corn 8 SAWP'ICASESLIONATHAN NEIL!I ASSOCIATES CASESiNioo Corporation (lan Hannula) 4823838isspulason,upd STIPULATION FOR ENTRY OF JUDGMENT