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Richard Abel
2222 Cleveland Avenue, Apt. 1002
Santa Rosa, CA 95403
Telephone: (707) 340-3894
Plaintiff, in pro per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SONOMA.
10
RICHARD ABEL, an individual; Case Number: SCV-263456
i.
Plaintiff; DECLARATION OF PLAINTIFF RICHARD
12 ABEL IN SUPPORT OF PLAINTIFF'S
Vv.
OPPOSITION TO MOTION TO ENFORCE
13 SETTLEMENT AGREEMENT
B. EDWARD McCUTCHAN JR. an
14 individual; SUNDERLAND/McCUTCHAN,
LLP, a general partnership; and DOES 1
15 Date: November 22, 2023
through 100, inclusive;
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Time: 3:00 p.m.
Dept: 18 - Hon. Christopher Honigsberg|
Defendants.
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I, Richard Abel, declare:
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1. I am the plaintiff in this action. I am making this declaration in opposition to
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defendants B. Edward McCutchan Jr., Robert J. Sunderland, and Sunderland-McCutchan, LLP
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(the "Moving Parties") Motion to Enforce the Settlement.
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2. The following is based on my own personal knowledge and if called to testify, I could,
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and would, testify competently thereto.
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3. On June 6, 2023, the only parties who appeared in court and participated in the voir
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dire settlement procedure were myself and defendant McCutchan. No other defendant appeared
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nor participated. The lawyer Alexander Promm was not present in court on June 6, 2023.
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PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO ENFORCE SETTLEMENT
1
4. On June 6, 2023, the Court vacated all sanctions against me, as stated in the June 6,
2023 Minute Order.
5. During the settlement negotiations on June 6, 2023, Judge Chouteau came into my
room, and informed me that all defendants agreed that, if I accepted their $23,000 settlement
offer then I did not have to pay any sanctions to them. Judge Chouteau stated to me that all past
sanctions awards would “go away.” This was an important factor in my decision to accept such a
low offer.
6. My understanding on June 6, 2023 was that all defendants agreed to waive sanctions
as part of the settlement. I did not agree to pay any sanctions after those sanctions were vacated
10 by the Court. Mr. Promm's contention that I agreed to pay some vacated sanctions is false. In
ii fact, Mr. Promm was not even in court on June 6, 2023 and has no personal knowledge.
12 7. My understanding on June 6, 2023 was that all defendants would be signing a
13
settlement agreement and release. The term “the parties” was understood by me to mean all of
14
the litigants. I specifically asked that all defendants be parties to the settlement agreement.
1s
Lawyer Picchi agreed that all defendants would be parties to the written agreement, and that their|
16
attomey's signature would bind them to this agreement. My understanding was that each and
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every defendant would be bound to the terms of the settlement.
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8. From June 20, 2023 through July 8, 2023, I was traveling out of the area, and I was
19
not picking up mail, reading emails, or taking calls. I was not available during that time. Upon
20
returning from my trip, I found a cover letter from Picchi's secretary Carrie Hughes with a copy
21
of the Draft Release marked “DRAFT.” The cover letter stated that the Draft Release was for my|
22
“continuing review.” A true and correct copy of the cover letter is attached hereto as Exhibit A.
23
9. After reviewing the Draft Release, I found that the Draft Release contained extra
a4
verbiage, with terms and conditions that were neither discussed nor agreed to on June 6, 2023.
25
The Draft Release also failed to include the names of all defendants as parties, as agreed on June
26
6, 2023 that all would be parties to the settlement.
27
i
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Hl
PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO ENFORCE SETTLEMENT
2
10. I marked up the proposed Draft Release, by lining out the improperly added terms
and conditions, and sent it back to Mr. Promm. A true and correct copy of the marked up Draft
Release is attached hereto as Exhibit B.
11. Ihave not received a new and corrected Draft Release from Mr. Promm. Mr. Promm|
refused to make the necessary corrections, and instead Promm demanded that I sign the Draft
Release marked “DRAFT” in the attached Exhibit B, just as Promm originally drafted it, with no
corrections. I did not sign Promm's defective Draft Release.
12. Ihave not been paid anything pursuant to the Stipulation on June 6, 2023 by anyone.
Nor has defendant McCutchan, nor any other defendant, nor their lawyer, tendered payment to
10 me.
il I declare under penalty of perjury under the laws of the State of California that the
12 foregoing is true and correct. Executed on November 5, 2023, in Santa Rosa, California.
13
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Richard Abel, Plaintiff in pro per
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PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO ENFORCE SETTLEMENT
3
Exhibit A
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Carrie L. HUGHES, CCLS
OFFICE ADMINISTRATOR
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June 19, 2023
Mr. Richard Abel
2222 Cleveland Avenue, Apt. 1002
Santa Rosa, CA 95403
Re: Abel v. McCutchan
Enclased please find:
Enclosed is a draft Release for your review. Please let-us know if you have any changes or
questions, If it meets with your approval we will put into final form for execution by the parties.
1] Pursuant to your request.
{} For your records/information.
[X] For your continuing review.
U} Qur check in the amount of $ in payment of
{] Self-addressed, stamped envelope.
T] For your execution and return.
] Other:
Very truly yours,
GALLOWAY, LUCCHESE, EVERSON & PICCHI
Carrié L. Hughes, COLS
CLH:
Enclosure
966-078 1/CLH/1291 180.dacx
Exhibit B
Exhibit B
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RELEASE OF CLAIMS AND SETTLEMENT AGRE
ey
This Release of Claims and Settlement Agreement (“the Agreement’) is enters
the date last signed by an executing party, by and between RICHARD ABEL (“ABEL”) and B.
EDWARD McCUTCHAN, JR.; ROBERT J. SUNDERLAND; and SUNDERLAND | McCUTCHAN,
LLP (collectively “SUNDERLAND | McCUTCHA\ N These parties to the Agreement shal! be
1 SS, /
teferred as the “Parties” or a “Party.” Suw Den Art Me CTtkAM Twe., pare DAVES,
diM Nord ACLNDA PUVA L, LENOAA VERE FUNG,
MATTE ANEK, Sus
AGREEMENT
.Now, therefore, in consideration of the terms, covenants and conditions as set forth in this
Agreement, the Parties agree as follows:
SECTION 4 - RELEASE AND CONSIDERATION
41 The purpose of this Agreement is to finally settle, discharge, resolve, and conclude
any and all liabilities, damages, demands, penalties, costs, claims, disputes, losses, judgments,
charges, debts, obligations, agreements, actions, causes of action, obligations, and expenses
(including reasonable attorneys’ fees, costs of suit, and expenses) (collectively “Claims”) by and
between the Parties relating to and/or arising out of or in connection with the Underlying Action
including, but not limited to, any and all Claims that may have been or could have been alleged
by any Party against any other Party in the Liability Action, or any action or proceeding relating to Lyablris
the Underlying Action or Liability Action, namely Sonoma Cou nty Superior Court Case No. SCcV- Q vee
263456.
£4 errr! , fs A e
1.2 For and j concideration the following ‘consideration: ( $23,000to be pald to
ABEL by iS WONDERI AN je5 and (li) the mutual
releases a nd co venants set “orth in this Agreement, the Parties here by release and forever
discharge each other, as well as their agents, employees, insurers, and attorneys, from and
against any and all Claims of any and-every kind, nature or character, whatsoever, whether known
or unknown, suspected or unsuspected, actual or potential, absolute or contingent, pending or
anticipated; including without limitation, any Claim for damages as yet not accrued, which any
Party may now or in the future have or claim to have against any other Party, or any of them,
arising out of or in any way related to the Underlying Action, inciuding without fimitation, any and
all Claims or causes of action stated in the complaint in the Liability Action, or which could have
been stated or were attempted to be stated in any action or proceeding against any other Party
to this Agreement (collectively “Claims”).
1.3 Each Party covenants and agrees never to commence or prosecute either
individually or on behalf of any other person or entity, against any other Party or any of them, any
action or proceeding based upon, arising out of, or in connéction with the Underlying Action, or
any Claim that is the subject matter of this Agreement, and this Agreement shall constitute a
judicial barto the institution or maintenance of any such action or proceeding.
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expressly accepts and_assumes_thetis of such possible differance-infacte-anc-theraby-agrees-—
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‘Each Party acknowledges that they are familiar with and/or have been advised by their
attomeys of the existence and meaning of California Civil Code § 1542, which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, iF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR. RELEASED PARTY.
Each Party expressly waives and release ny right or enefit that a Party has or may
have under Califomia Civil Cade § 1542.
SECTION 2 —- RESOLUTION OF sernep ACTIONS
meine
It is the intention of this Agreement to final! incl fully settle and resoive‘all disputes and
gontroversies by n the Parties.
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SECTION 9 NFIDENTAILITY AND-_NON-DISPARAGEMENT
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e Parties agree that they will not disparage, slander, defame, or
otherwise do any acts or ‘make any omissions that a reasonable person would believe could injure
the feputation of the other Party; provided, however, that this paragraph shall not apply to truthful
testimony given | in compliance with aa lawful Subpoena oor “Sourt order. aay Patty te served with
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SECTION 17 ~ DISMISSAL OF ALL ACTIONS
Upon this Agreement being fully executed, and the consideration set forth in Section 1
having been paid and delivered, ABEL shail dismiss, with p dice, Sonoma County Superior
Court Case No. SCV-263456 in its entirety against all ramed! jes, i
dy wis BREEAM
SIGNATURES HE PARTIES
TT RICHARD ABEt, having carefully réad-the-conients ofthis Agreamentandunderstand—
an ao
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3
DATED: , 2023
wi td il
RICHARD:ABEL
|, B. EDWARI jeCUTCH) JR.,hi arefully je contents of this Agreement.
and having fully discus’ ith m: orneys al effect of each and every provision set forth
in this Agreement, unde! d th tents of thi Agreement and sign the same, as a free act.
ahh
rey
yet
DATED: 023: by: te at rit
B. EDWARD McCUTCHAN, JR
1, ROBERT J NDE \ND, havingcarefully read the contents of this Agreement, and
having fully discusse ‘orneys the legal effect of each and every provision set forth in
this Agreement, understai ‘contents of this Agreement and sign the same, as a free act.
i
DATED 2023 by: u
ROBE! ¥. SUNDERLAND
$56-10761/JSP/1290154. docx
1, B. EDWARD McCUTCHAN, JR., as a Representative/Partner of SUNDERLAND |
McCUTCHAN, LLP, having carefully read the contents of this Agreement, and having fully
discussed with my attomeys the legal effect of each and every provision set forth in this
Agreement, understand the contents of this Agreement and sign the same, as a free act.
DATED: , 2023 by:
B, EDWARD MeGUTCHAN, Re
Represettative/Partner of SUNDERLAND |
McCUT N, LLP
bared 4023
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POS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Richard Abel
2222 Cleveland Avenue, Apt. 1002
Santa Rosa, CA 95403
TELEPHONE NO:(707) 340-3894 FAX NO. (Optional):
E-MAIL ADDRESS {Optiona):
ATTORNEY FOR (Name): Plaintiff pro per
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
streer appress:600 Administration Drive, Room 107-J
maine aopress:600 Administration Drive, Room 107-J
civ ann ze cove: Santa Rosa, CA 95403
prancu nawe:Civil Division - Dept. 18
PETITIONER/PLAINTIFF:
Abel
RESPONDENT/DEFENDANT:McCutchan, Jr. et.al.
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL SCV-263456
(Do not use this Proof of Service to show service of a Summons and Complaint.)
| am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing
took place.
My residence or business address is:
5805 Cuneo Court, Santa Rosa, CA 95401
On (date):November 7, 2023 | mailed from (city and state): Santa Rosa, California
the following documents (specify):
DECLARATION OF PLAINTIFF RICHARD ABEL IN SUPPORT OF PLAINTIFF'S OPPOSITION TO
MOTION TO ENFORCE SETTLEMENT AGREEMENT
[J The documents are listed in the Attachment to Proof of Service by First-Class Mait—Civil (Documents Served)
(form POS-030(D)).
I served the documents by enclosing them in an envelope and (check one):
a. [Z] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b. [_] placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in
a seated envelope with postage fully prepaid.
The envelope was addressed and mailed as follows:
a. Name of person served: SEE BELOW
b. Address of person served:
Joseph Picchi B. Edward McCutchan, Jr
Galloway, Lucchese and Picchi Sunderland-McCutchan, LLP
2300 Contra Costa Blvd. Suite 350 1803 Vine Street PMB 907, The UPS Store
Pleasant Hill, CA 94523 Healdsburg, CA 95448
The name and address of each person to whom | mailed the documenis is listed in the Attachment to Proof of Service
by First-Class Mail—Civil (Persons Served) (POS-030(P)).
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 7, 2023
Henry Crigler > Bhi CA
(TYPE OR PRINT NAME OF PERSON COMPLETING
THIS FORM) {SIGNATUREOF PERSON CO LETING THIS FORM)
Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVKJ @ Code of Civil Procedure, §§ 1013, 1013a
Judicial Council of Califomia ww finio.ca.gov
POS-030 [New January 1, 2005) {Proof of Service)
,
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Richard Abel 2222 Cleveland Avenue, Apt. 1002 Santa Rosa, CA 95403 Telephone: (707) 340-3894 Plaintiff, in pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SONOMA. 10 RICHARD ABEL, an individual; Case Number: SCV-263456 i. Plaintiff; DECLARATION OF PLAINTIFF RICHARD 12 ABEL IN SUPPORT OF PLAINTIFF'S Vv. OPPOSITION TO MOTION TO ENFORCE 13 SETTLEMENT AGREEMENT B. EDWARD McCUTCHAN JR. an 14 individual; SUNDERLAND/McCUTCHAN, LLP, a general partnership; and DOES 1 15 Date: November 22, 2023 through 100, inclusive; 16 Time: 3:00 p.m. Dept: 18 - Hon. Christopher Honigsberg| Defendants. 17 18 19 I, Richard Abel, declare: 20 1. I am the plaintiff in this action. I am making this declaration in opposition to 21 defendants B. Edward McCutchan Jr., Robert J. Sunderland, and Sunderland-McCutchan, LLP 22 (the "Moving Parties") Motion to Enforce the Settlement. 23 2. The following is based on my own personal knowledge and if called to testify, I could, 24 and would, testify competently thereto. 25 3. On June 6, 2023, the only parties who appeared in court and participated in the voir 26 dire settlement procedure were myself and defendant McCutchan. No other defendant appeared 27 nor participated. The lawyer Alexander Promm was not present in court on June 6, 2023. 28 PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO ENFORCE SETTLEMENT 1 4. On June 6, 2023, the Court vacated all sanctions against me, as stated in the June 6, 2023 Minute Order. 5. During the settlement negotiations on June 6, 2023, Judge Chouteau came into my room, and informed me that all defendants agreed that, if I accepted their $23,000 settlement offer then I did not have to pay any sanctions to them. Judge Chouteau stated to me that all past sanctions awards would “go away.” This was an important factor in my decision to accept such a low offer. 6. My understanding on June 6, 2023 was that all defendants agreed to waive sanctions as part of the settlement. I did not agree to pay any sanctions after those sanctions were vacated 10 by the Court. Mr. Promm's contention that I agreed to pay some vacated sanctions is false. In ii fact, Mr. Promm was not even in court on June 6, 2023 and has no personal knowledge. 12 7. My understanding on June 6, 2023 was that all defendants would be signing a 13 settlement agreement and release. The term “the parties” was understood by me to mean all of 14 the litigants. I specifically asked that all defendants be parties to the settlement agreement. 1s Lawyer Picchi agreed that all defendants would be parties to the written agreement, and that their| 16 attomey's signature would bind them to this agreement. My understanding was that each and 17 every defendant would be bound to the terms of the settlement. 18 8. From June 20, 2023 through July 8, 2023, I was traveling out of the area, and I was 19 not picking up mail, reading emails, or taking calls. I was not available during that time. Upon 20 returning from my trip, I found a cover letter from Picchi's secretary Carrie Hughes with a copy 21 of the Draft Release marked “DRAFT.” The cover letter stated that the Draft Release was for my| 22 “continuing review.” A true and correct copy of the cover letter is attached hereto as Exhibit A. 23 9. After reviewing the Draft Release, I found that the Draft Release contained extra a4 verbiage, with terms and conditions that were neither discussed nor agreed to on June 6, 2023. 25 The Draft Release also failed to include the names of all defendants as parties, as agreed on June 26 6, 2023 that all would be parties to the settlement. 27 i 28 Hl PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO ENFORCE SETTLEMENT 2 10. I marked up the proposed Draft Release, by lining out the improperly added terms and conditions, and sent it back to Mr. Promm. A true and correct copy of the marked up Draft Release is attached hereto as Exhibit B. 11. Ihave not received a new and corrected Draft Release from Mr. Promm. Mr. Promm| refused to make the necessary corrections, and instead Promm demanded that I sign the Draft Release marked “DRAFT” in the attached Exhibit B, just as Promm originally drafted it, with no corrections. I did not sign Promm's defective Draft Release. 12. Ihave not been paid anything pursuant to the Stipulation on June 6, 2023 by anyone. Nor has defendant McCutchan, nor any other defendant, nor their lawyer, tendered payment to 10 me. il I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. Executed on November 5, 2023, in Santa Rosa, California. 13 14 15 Richard Abel, Plaintiff in pro per 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO ENFORCE SETTLEMENT 3 Exhibit A Exhibit A = vi e ey ing = = = Ss s - é Ss s S & a S Se ES > LF Toy s ex ¥ GO = eee eo ¥ x g My x By x. oS § & OX e / VO os NYS a x 2hby Sah gu GALLOWAY worn glaceys.com LUCCHESE tee Everson & Picchi OLE Hales Wane? ns ‘A Profess(onal Corporation Carrie L. HUGHES, CCLS OFFICE ADMINISTRATOR cHusHESs@GLATTYS.COM June 19, 2023 Mr. Richard Abel 2222 Cleveland Avenue, Apt. 1002 Santa Rosa, CA 95403 Re: Abel v. McCutchan Enclased please find: Enclosed is a draft Release for your review. Please let-us know if you have any changes or questions, If it meets with your approval we will put into final form for execution by the parties. 1] Pursuant to your request. {} For your records/information. [X] For your continuing review. U} Qur check in the amount of $ in payment of {] Self-addressed, stamped envelope. T] For your execution and return. ] Other: Very truly yours, GALLOWAY, LUCCHESE, EVERSON & PICCHI Carrié L. Hughes, COLS CLH: Enclosure 966-078 1/CLH/1291 180.dacx Exhibit B Exhibit B ET j j F RELEASE OF CLAIMS AND SETTLEMENT AGRE ey This Release of Claims and Settlement Agreement (“the Agreement’) is enters the date last signed by an executing party, by and between RICHARD ABEL (“ABEL”) and B. EDWARD McCUTCHAN, JR.; ROBERT J. SUNDERLAND; and SUNDERLAND | McCUTCHAN, LLP (collectively “SUNDERLAND | McCUTCHA\ N These parties to the Agreement shal! be 1 SS, / teferred as the “Parties” or a “Party.” Suw Den Art Me CTtkAM Twe., pare DAVES, diM Nord ACLNDA PUVA L, LENOAA VERE FUNG, MATTE ANEK, Sus AGREEMENT .Now, therefore, in consideration of the terms, covenants and conditions as set forth in this Agreement, the Parties agree as follows: SECTION 4 - RELEASE AND CONSIDERATION 41 The purpose of this Agreement is to finally settle, discharge, resolve, and conclude any and all liabilities, damages, demands, penalties, costs, claims, disputes, losses, judgments, charges, debts, obligations, agreements, actions, causes of action, obligations, and expenses (including reasonable attorneys’ fees, costs of suit, and expenses) (collectively “Claims”) by and between the Parties relating to and/or arising out of or in connection with the Underlying Action including, but not limited to, any and all Claims that may have been or could have been alleged by any Party against any other Party in the Liability Action, or any action or proceeding relating to Lyablris the Underlying Action or Liability Action, namely Sonoma Cou nty Superior Court Case No. SCcV- Q vee 263456. £4 errr! , fs A e 1.2 For and j concideration the following ‘consideration: ( $23,000to be pald to ABEL by iS WONDERI AN je5 and (li) the mutual releases a nd co venants set “orth in this Agreement, the Parties here by release and forever discharge each other, as well as their agents, employees, insurers, and attorneys, from and against any and all Claims of any and-every kind, nature or character, whatsoever, whether known or unknown, suspected or unsuspected, actual or potential, absolute or contingent, pending or anticipated; including without limitation, any Claim for damages as yet not accrued, which any Party may now or in the future have or claim to have against any other Party, or any of them, arising out of or in any way related to the Underlying Action, inciuding without fimitation, any and all Claims or causes of action stated in the complaint in the Liability Action, or which could have been stated or were attempted to be stated in any action or proceeding against any other Party to this Agreement (collectively “Claims”). 1.3 Each Party covenants and agrees never to commence or prosecute either individually or on behalf of any other person or entity, against any other Party or any of them, any action or proceeding based upon, arising out of, or in connéction with the Underlying Action, or any Claim that is the subject matter of this Agreement, and this Agreement shall constitute a judicial barto the institution or maintenance of any such action or proceeding. be 0 te, e+e rth known Prog HoReemer Joue-th, stad. ticipate 956-10761/JSP/1290154, docx bp after== ores od ew ‘ —enet Party— expressly accepts and_assumes_thetis of such possible differance-infacte-anc-theraby-agrees-— ~_thatthis Agreemont-is-andwill remain-effective-neiwithetandin ‘Each Party acknowledges that they are familiar with and/or have been advised by their attomeys of the existence and meaning of California Civil Code § 1542, which provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, iF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR. RELEASED PARTY. Each Party expressly waives and release ny right or enefit that a Party has or may have under Califomia Civil Cade § 1542. SECTION 2 —- RESOLUTION OF sernep ACTIONS meine It is the intention of this Agreement to final! incl fully settle and resoive‘all disputes and gontroversies by n the Parties. a S a ne Gha on-ia nnern bility asteABEts-claime-inihis-action, Jores en enforee-erinterpretth Ag eemen onan ourt aun. oda nt an antic ca atlloman ar “SECTION 4 BINDING -FEFEGT ents dain e.tethe.bene e-benefit.of the aod “or the-Parties--Fh e-assignable-sy-anyParty without the prior, a PSE0 aus SECTION 5—BISGLAIMER-OF-LIABIEIFY-EFFEGT— fet th, ithe-Agreementarethe result pro er8 HeSe ore BroceE, ethert oll by tral Bay oid-th Se horeyne a2 956-10761/JSP/1290154.docx gree rig NFitteR aarcenm: Hg oragreement of any kine with respoette-the-subje ic-Agreerent. The Ronomon may not be amended. or modified except by an agreement in writing signed by all Parties. The-Parties-shai-bear-ane-pay-theitrespective-expert Le lits, J Heos-and-eccio;— Secs bie ere ran ar ~execuite this Agreementand ty Uy d-tale i fusther acti c-unees— hereemen he -transierred_or purse -te-a gresemen at 6 rporion-thereat—the Padies+ At-6. agree hoic-one-an to-incenmify-an otter-hatni c ess-trem-aad-egainstanyClaimn-based-on—in—— 2-2 cGy ~essignmentetiransfer—e SECTION 9 NFIDENTAILITY AND-_NON-DISPARAGEMENT TheParties-ancheieaticn ores ate and ond 6A of Feet te -baric-orfinanciatinstiutior,-foran-appli amen tits de on Fhe Paries-an Hcttheir | Furth, tt, to-th, J Joility Acti by ptie ne nd 1 vebsit teh. ti halLbe-immediately werasec-anc-remeovedfron-saidwepsite-— nrofe doe ap HBS shetic-net-be- any-Rarly-or impaire their attorneys, d-by aftecthis-Age tod—RI. tite the ag hey personal reputation oF dofendante-and— ne th eu nse eo AO od parse srofe on arson e Parties agree that they will not disparage, slander, defame, or otherwise do any acts or ‘make any omissions that a reasonable person would believe could injure the feputation of the other Party; provided, however, that this paragraph shall not apply to truthful testimony given | in compliance with aa lawful Subpoena oor “Sourt order. aay Patty te served with ett ee Brats sdb ed 956-10761/JSP/4290154, docx ee eR be be} wae on -, f f P e~Rarty—shalt-promptly-provide— ~SEGTION 10 HEIRS; SUCCESSORS AND -ASSIGNS— —FRe~Rarti that ty, Ft ad. th, things-dene-orte-be-dene_under-thie— Hk d-be-bis al set spect heire—agenis_-cliente-cuccessors,— ~exeertars_actmin: 4, yBF igns- 7H ~Alheoverants—t oF teh ty e-seLforthinthis-Agreamentshallbedeemed— Sth lag 5h Aereemen net ere ra o-bS ese he no ple ad Pore on pralnédtte-be-ilega!or— eaable Sab he nd ap shy ar HO Se a-2 be-snfo cthetltestextent-p by} A. Tats iL, La Full FOr be cf. FE, 4 +i Thi 4, re ma Ce by oA te RISE TOA ATOR rhe 3-6 he on Su and ele Kee. y-arewaiving— “SECTION T+ —HENS-——. ti bet-has-netindicated-trabétnere-ate-any-liensb rt a-b. thire-paryipen-any— th, he pla 60 a hee ate Ls, 66 leranify-cdefend-_anc-held—hamniess— Su Shesest Cr ag era eeses Su Bene 56 te “SECHON 45~-GGUNTERPARTSHAGSHMILE SIGNATURES —— +t Ag ta, teed H-sounterparis—each-ofwhier-shailbe- nened og po ene he me reement, Party-sending-such-ar mat at cars 6-He-otherRarymaytrelyon-such— ey ej 3 ad ed 5BCH he bo abs on. $56-10761/JSP/1290154,doex -SheTION-18=EF FEST OF AGREEMENT — “terme erecettagunt any asin sel araherpanedh aye hae — aXce trenioree-onintemralinis Ageaoment_ SECTION 17 ~ DISMISSAL OF ALL ACTIONS Upon this Agreement being fully executed, and the consideration set forth in Section 1 having been paid and delivered, ABEL shail dismiss, with p dice, Sonoma County Superior Court Case No. SCV-263456 in its entirety against all ramed! jes, i dy wis BREEAM SIGNATURES HE PARTIES TT RICHARD ABEt, having carefully réad-the-conients ofthis Agreamentandunderstand— an ao - A 3 DATED: , 2023 wi td il RICHARD:ABEL |, B. EDWARI jeCUTCH) JR.,hi arefully je contents of this Agreement. and having fully discus’ ith m: orneys al effect of each and every provision set forth in this Agreement, unde! d th tents of thi Agreement and sign the same, as a free act. ahh rey yet DATED: 023: by: te at rit B. EDWARD McCUTCHAN, JR 1, ROBERT J NDE \ND, havingcarefully read the contents of this Agreement, and having fully discusse ‘orneys the legal effect of each and every provision set forth in this Agreement, understai ‘contents of this Agreement and sign the same, as a free act. i DATED 2023 by: u ROBE! ¥. SUNDERLAND $56-10761/JSP/1290154. docx 1, B. EDWARD McCUTCHAN, JR., as a Representative/Partner of SUNDERLAND | McCUTCHAN, LLP, having carefully read the contents of this Agreement, and having fully discussed with my attomeys the legal effect of each and every provision set forth in this Agreement, understand the contents of this Agreement and sign the same, as a free act. DATED: , 2023 by: B, EDWARD MeGUTCHAN, Re Represettative/Partner of SUNDERLAND | McCUT N, LLP bared 4023 Wy PL Ke 7 OFELCEROF ER nue | wcCurchaw INC Datey ————___.. 204 PrlErbavts VATA uy sym bord ORD Jacis0a DUVAL per. Fn a3 Bite Hing pee. 023 LEMDKA UERME FUUG, pee? LW Matihas Zia ee we 2027 6 Just ba ENG DES TUTOTISPMZ90 T54.docx POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Richard Abel 2222 Cleveland Avenue, Apt. 1002 Santa Rosa, CA 95403 TELEPHONE NO:(707) 340-3894 FAX NO. (Optional): E-MAIL ADDRESS {Optiona): ATTORNEY FOR (Name): Plaintiff pro per SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA streer appress:600 Administration Drive, Room 107-J maine aopress:600 Administration Drive, Room 107-J civ ann ze cove: Santa Rosa, CA 95403 prancu nawe:Civil Division - Dept. 18 PETITIONER/PLAINTIFF: Abel RESPONDENT/DEFENDANT:McCutchan, Jr. et.al. CASE NUMBER: PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL SCV-263456 (Do not use this Proof of Service to show service of a Summons and Complaint.) | am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. My residence or business address is: 5805 Cuneo Court, Santa Rosa, CA 95401 On (date):November 7, 2023 | mailed from (city and state): Santa Rosa, California the following documents (specify): DECLARATION OF PLAINTIFF RICHARD ABEL IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT [J The documents are listed in the Attachment to Proof of Service by First-Class Mait—Civil (Documents Served) (form POS-030(D)). I served the documents by enclosing them in an envelope and (check one): a. [Z] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [_] placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a seated envelope with postage fully prepaid. The envelope was addressed and mailed as follows: a. Name of person served: SEE BELOW b. Address of person served: Joseph Picchi B. Edward McCutchan, Jr Galloway, Lucchese and Picchi Sunderland-McCutchan, LLP 2300 Contra Costa Blvd. Suite 350 1803 Vine Street PMB 907, The UPS Store Pleasant Hill, CA 94523 Healdsburg, CA 95448 The name and address of each person to whom | mailed the documenis is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 7, 2023 Henry Crigler > Bhi CA (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) {SIGNATUREOF PERSON CO LETING THIS FORM) Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVKJ @ Code of Civil Procedure, §§ 1013, 1013a Judicial Council of Califomia ww finio.ca.gov POS-030 [New January 1, 2005) {Proof of Service) ,