On October 11, 2022 a
Party Discovery
was filed
involving a dispute between
Liana Ghilarducci,
and
David Tanner,
for Probate-Roseville
in the District Court of Placer County.
Preview
Daniel C. Kim, State Bar No. 272680
Danielle F. Diebert, State Bar No . 285449
2 Miranda M. Fernandez, State Bar No. 343845
weintraub tobin chediak coleman grodin
3 LAW CORPORATION
400 Capitol Mall, 11 th Floor
4 Sacramento, CA 95814
(916) 558-6000 - Main
5 (916) 446- 1611 - Facsimile
6 Attorneys for Respondent David Tanner, Trustee
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF PLACER
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nJ 12 The DEL SIMONI AND OLIVE M. SIMONI
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1993 TRUST
DAVID TANNER'S OFFER TO PETITIONER
0 TO COMPROMISE PER SECTION 998 OF
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18 TO PETITIONER LIANA GHILARDUCCI AND HER ATTORNEY OF RECORD:
19 In exchange for a dismissal with prejudice of Petitioner Liana Ghilarducci's ("Petitioner")
20 Petition against David Tanner, as Trustee of the Dell Simoni and Olive M Simoni 1993 Trust
21 ("Respondent"), Case No. S-PR-0011826 in Placer County Superior Court, and the execution
22 and transmittal of a settlement and release agreement, Respondent offers to compromise
23 (without an admission of liability, all such liability being expressly denied) the above-captioned
24 action on the following terms:
25 l. Respondent shall pay petitioner the total sum of fifty thousand dollars ($50,000).
26 2. Petitioner shall dismiss the petition with prejudice and execute a general release
27 of Respondent, including a waiver of any rights under Civil Code section 1542.
28 Ill
{3900730.DOCX:} Respondent's 998 Offer to Petitioner
l 3. Each party shall bear its own respective costs and attorney's fees incurred in the
2 action.
3 Pursuant to section 998 of the California Code of Civil Procedure, if you accept this
4 Offer, you or your counsel must date and sign the accompanying Notice of Acceptance and
5 file the Offer and the Notice of Acceptance in this action prior to trial or within thirty (30) days
6 after this Offer is made, whichever occurs first, and serve a copy of the filed Offer and Notice
7 of Acceptance to Respondent's counsel, or else the Offer will be deemed withdrawn . (See
8 Peterson v. John Crane, Inc. (2007) 154 Cal.App.4th 498, 513 (holding that "a separate offer
9 ... should be extended to each party, not to each capacity in which a singular individual
10 chooses to sue").)
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:s0 15 Attorneys for Respondent David Tanner,
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{3900730.DOCX:} 2 Respondent's 998 Offer to Petitioner
Document Filed Date
August 21, 2023
Case Filing Date
October 11, 2022
Category
Probate-Roseville
Status
Closed Request for Dismissal 08/21/2023
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