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MC-351
ATTORNEY OR PARTY WITHOUT ATTORNEY FoR couR 7 usE Dier
NAME Seth N. O'Dell, Esq.
FIRM NAME.SWANSON O'DELL, APC.
sTREETADDREse 330 H Street, Suite 2
cine Bakersfield STATE CA ZIP CODE: 93301
TELEPHONE NO: 66 1-326-1 6 1 1 NO'61-326-1 91 0
FAX
EMAIL ADDREss: sodell@swansonodelLcom
ATToRNEY FQR (Namsii Ola Mae Miller
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kem
sTREETADDREss 1215 Truxtun Avenue
MAILING ADDREss' 2 1 5 Truxtun Avenue
cITYANDzlpcoDE Bakersfield, CA 93301
BRANcH NAME Metropolitan Division
CASE NAME:
Miller v. Miller
CASE NUMBER
DEPT,'.
Hearing
a.
b.
ORDER APPROVING COMPROMISE OF CLAIIIII OR ACTION
~
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON WITH A DISABILITY
BCU- I 8-102820
HEARING DATE, IF ANY
No hearing was held. The matter is eligible for expedited approval under rule 7.950.5 of the California Rules of Court.
~
A hearing was held:
c. Judicial officer:
Date; Time: Dept.:
Petitioner (name or pseudonym'): Craig Miller
2.
is the (check s/I relationships
~ guardian ~
or representative capacities that apply):
conservator ~ other (specify)(
~parent G3 guardian ad litem*
of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed claim or pending
action or the disposition of the proceeds of a judgment for a minor or a person with a disability.
(sPeliiioner wss appointed guardian ad litem under s pseudonym. (See Code Civ. Proc., $ 372.5))
3. claimant (nsme)( Ola Mae Miller
a.
b.
~
Qg
is a minor.
is a "person with a disability" within the meaning of Probate Cade section 3603 who is:
(1) Qg An adult. Claimant's date ofbirth is (specify): 11/2/1925
(2) ~ A minor described in Probate Code section 3603(b)(3).
4. Defendant
The claim or action to be compromised or settled is asserted, ar the judgment is entered, against (name of settling orjudgment
defendant or defendants (ihe "payer")):
Lazaroy Miller
THE COURT FINDS
5. ~ Notice has been given as required by law.
6. ~
a. The claimant is an adult who has the capacity to consent to this order within the meaning of Probate Code section 812 and
does not have a conservator of the estate. The claimant has given express consent to this order.
b. Q3 The claimant's consent to this order is not required because the claimant is a minor, a conservatee, or a person who lacks
the capacity to consent to the order within the meaning of Probate Cade section 812.
P49s Iof4
Form Adopled for Mandatoo Use APPROVING COMPROMISE OF CLAIM OR ACTION Code ol Civil Procedure, !I 372,
Prouala Code, Ijlj 35(6, 3600-3613,
Judicial Counul of Caslomia
OR DISPOSITION OF PROCEEDS OF JUDGMENT
Qcc3','ssential FOrmS'RDER
MC&SI IRev. January I, 2021l
FOR MINOR OR PERSON WITH A DISABILITY
Cal R les ofCourt, rules 3.1354,7953
www.couifs.cs dov
cs54sm, Pj Miller, Ola
IIC-351
CASE NAME: CASE NUMEEfv
Miller v. Miller BCV-18-102820
THE COURT ORDERS
6. The petition is granted and the proposed compromise or settlement, or the proposed disposition of the proceeds of ihe judgment, is
approved. The gross amount or value of the settlement or judgment in favor of claimant is: $ none
7. C3 Until further order of the court, jurisdiction isreserved to determine a claim for a reduction of a Medi-Cal lien under Welfare
and Institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services in item Sa(4)
of this order is the full amount of the lien claimed by the department but is subject to reduction on further order of the court
upon determination of the claim for reduction.
8. The payer must disburse the proceeds of the settlement or judgment approved by this order in the following manner.
a. Payment of fees and expenses
Fees and expenses shall be paid by one or more checks or drafts drawn payable to the order of the petitioner and the
petitioners attorney, if any, or directly to third parties entitled to receive payment identified in this order for the following items of
expense or damage, which are hereby authorized to be paid out of the proceeds of the settlement or judgment:
(1 } Cl Attorney's fees in the total amount of: $ payable to (specify):
(2) ~ Reimbursement for medical and all other expenses paid by the petitioner or the petitioner's
attorney in the total amount of:
(3) ~ Medical, hospital, ambulance, nursing, and other similar expenses payable directly to
providers as follows, in the total amount of:
(a) Payee (name):
(i) address.
(ii) Amount $
(b) Payee (name):
(i) address.
(ii) Amount $
~ Continued on Attachment 8a(3). (Provide information about additional payees in the above formal.)
(4) ~ Other authorized disbursements payable directly to third parties in the total amount of: $
(Descnbe snd stale the amount of each item and provide fbe name snd address of each payee):
~ Continued on Attachment 8a(4).
(5) ~ Total allowance for fees and expenses from the settlement or judgment:
ORDER APPROVING COIIPROIIISE OF CLAIIN OR ACTION P444 4 of 4
~ Essential
( Q3' P~porms-
I
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR ININOR OR PERSON WITH A DISABILITY
Miller, Ola
MC-351
CASE NAME: CASE
NUMSES'CV-18-102820
Miller v. Miller
8. b. Balance for claimant
The balance of the settlement or judgment available for claimant aber payment of all allowed
fees and expenses is:
The balance shall be disbursed as follows:
(I) ~ By one or more checks or drafts in the total amount of (specify): $
drawn payable to the order of the petitioner in the petitioner's representative capacity. Each check or draft must bear
an endorsement on the face or reverse that it is for deposit in one or more interest-bearing, federally insured accounts
in the name of the petitioner in the petitioner's representative capacity, No withdrawals may be made from these
accounts (" blocked accounts" ) except as provided in the Order lo Deposit Funds in Blocked Account (form MC-355)
signed at the same time as this order.
(2) ~ By the following method(s) (describe each method, including lhe amount to be disbursed by each)i
~ Continued on Attachment 8b(2).
(3) C3 Ifmoney is to be paid to a special needs trust under Probate Code section 3604, all statutory liens in favor of the state
Department of Health Care Services, the state Department of State Hospitals, the state Department of Developmental
Services, and any city and county in California must first be satisfied by the following method
(specify):
~ Continued on Attachment Sb(3).
9. ~ Further orders of the court concerning blocked accounts
The court makes the following additional orders concerning any part of the balance ordered to be deposited in a blocked account
under item 8b(t):
a. Within 48 hours of receipt of a check or draft described in item 8b(t), the petitioner and the petitioner's attorney, if any, must
deposit the check or drab in the name of petitioner in the petiiioner's representative capacity in one or more blacked accounts at
(specify name, branch, and address of each depository, and the amount of each account):
Cl Continued on Attachment 9a.
ORDER APPROVING COINPROMISE OF CLAIIN OR ACTION Page 3 era
MC-351 Ise . January 1, 2021I
CLBI Essential OR DISPOSITION OF PROCEEDS OF JUDGINENT
llbpaimg-
eagaeeaaI FOR ININOR OR PERSON WITH A DISABILITY
Miller, Ola
MC-351
CASE NAME: CASE NUMBER'CV-
Miller v. Miller I 8-102820
9. b. The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of the
Order lo Deposit Funds in Blocked Account (form MC-355), which is signed at the same time as this order, and three copies of
the Acknowledgment of Receipt of Order and Funds lor Deposit in Blocked Account (form MC-356). The petitioner or the
petitioner's attorney must file a copy of the receipt with this court within 15 days of the deposit. The sole responsibilities of the
petitioner and the petitioner's attorney, if any, are to place the balance in a blocked account or accounts and to file a copy of the
receipt on time.
c. The balance of the proceeds of the settlement or judgment deposited in a blocked account or accounts under item sb(1) may be
withdrawn only as follows (check (1) or (2))J
(1) ~ No withdrawals of principal or interest may be made from the blocked account or accounts without a further written
order under this case name and number, signed by a judicial officer, and file-stamped by this court. The money on
deposit is not subject to escheat.
(2) ~ The blocked account or accounts belong to a minor, who was born on (dale)J
No withdrawals of principal or interest may be made from the blocked account or accounts without s further written
order under this case name and number, signed by a judicial officer, and file-stamped by this court, until the minor
reaches 18 years of age. When the minor reaches 18 years of age, the depository, without further order of this court,
is authorized and directed to pay by check or draft directly to the former minor, on proper demand, all funds, including
interest, deposited under this order. The money on deposit is not subject to escheat.
10. ~ Authorization to execute settlement documents
The petitioner is authorized to execute settlement documents as follows (check only one):
a. ~ On receipt of the full amount of the settlement sum approved by this order and the deposit of funds, the petitioner is
authorized and directed to execute and deliver to the payer (1) a full, complete, and final release and discharge of any and
all claims and demands of the claimant by reason of the accident or incident described in the petition and the resultant
injuries to the claimant and (2) a properly executed dismissal with prejudice.
b. ~ The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out the terms of
the settlement.
c. ~ The petitioner is authorized and directed to (specify):
~ Continued on Attachment 10c.
11. Bond is ~ ordered and fixed in the amount of: $ (fuji not required.
12. A copy of this order must be served on the payer immediately.
13. Q3 Additional orders
The court makes the following additional orders (specify)J
The Court incorporates into this Order Approving Compromise of Claim or Action of Disposition of Proceeds o
Judgment for a Minor or Person with a Disability the attached Settlement Agreement and Mutual General Relea:
as though set forth in its entirety.
C3 Continued on Attachment 13.
Date:
JUOICIAL OFFICER
SIGNATURE FOLLOWS lAST ATTACHMENT
MC-291 iRau January I, 2921l ORDER APPROVING COMPROMISE OF CLAIII OR ACTION 9494 4 41 4
( ~ I
Essemial
meaam I lan Forms
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON WITH A DISABILITYMijjer, Ola
SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
Lazaroy Miller, Craig Millet, aiid Ola Miller as represented by Craig Miller, (hereafter,
collectively refened to as "Parties" ) make and enter into TI-IIS SE1 TLEMENT AGREEMENT
AND MUTUAL GENERAL RELEASE (" Settlement ¹reement") as of November 3, 2023.
RFCITALS
Without admiring guilt or culpability, the parties submit the following facts in support of this
Settlement Agreement relating to Kern County Superior Court case number BCV-18-102820:
1. On August 4, 2002, Ola Miller executed a trust declaration establishing "The Ola Miller
Family Trust, dated August 4., 2002. (hereatter, "Trust.") 1 he term "Trust" shall refer to
the trust created by this declaration as modiTied by all subsequent tunendments.
2. On the same date, Ola Millm transferred real property to the Trust.
3. On February 21, 2003, Ola Miller executed the Iirst amendment to the Trust.
4. On July 15, 2018, Ola Miller executed the second amendmcnt to the Trust. (hereafter,
"2018 Amendment.") The 2018 Amendment was subsequently challenged by members of
the family, including Lazaroy Miller, and that challenge has not been resolved.
5. Prior to August 4, 2013, Ola Miller executed a series of Grant Deeds and Quitclaim
Deeds transferring real property fiom the Trust to Lazaroy Miller.
6. On November 9, 2018, Ola Miller tiled a complaint against Lazaroy Miller seeking the
return of all real properties. That complaint was issued Kern County Superior Court case
number BCV-18-102820.
AGREEMENT
In consideration of the Recitals above and the mutiial covenants set forth herein, the parties
agree follows:
as
1. The parlies stipulate that the Recitals above are true and correct and are made a part of
this Settlement Agreement by reference.
2. The parties acknowledge that this Settlement Agreement represents a compromise of
disputed claims and shall not be considered an admission of liability by either pairty,
3. Rents. For all realty transferred to the Trust as part of this settlement, the Trust shall
collect and keep all rents beginning December I, 2023. Lazaroy Miller shall assist in
making tenants aware of the change in Landlords.
4. Trust. Parties stipulate to the validity of the 2018 Amendments and all prior amendments
and declarations. As such, within this document, any reference to "trustees" of the Trust
0 Coleman P. Horowiit, LLP. April 15, 2022. Xcm Couurr Suucnur Coun cure number BCV-18-102820
[This agreement hns been modilied from iis template form prior io execution.) Miller v. Miller Sculcmcni
shall refer to Rene Wafford and Craig Miller as cotrustees. The parties to this agreemcnt
acknowledrie thai this stipulation only applies to disputes between the parties to this
agt cement.
5. 833 Hacienda. This agreement incorporates the legal description of the "realty" by
reference to Kern County Official Records document 0203172676 recorded on August
19r 2003. Pet Kern County Tax Assessor records, the "realty," as defined in this
paragraph, is also correctly identified by APN 170-240-34-5. The realty shall be
transferred to the trustees of the Trust until the death of Ola Miller and then transferred as
follows: to Dametia Wofford.
6. 1010 Hacienda. This agreement incorporates the legal description of the "realty" by
reference to Kern County Official Records document 0213118957 recorded on August
16, 2013'. Per Kern County Tax Assessor records, the "realty," as defined in this
paragraph, is also correctly identified by APN 170-190-31-8. The realty shall be
transferred to the trustees of the Trust until the death of Ola Miller and then transferred as
follows: to Craig Miller, Lazaroy Miller, and Kevin Miller as tenants in common in equal
parts.
7. 307 Madison. This agreement incorporates ihe legal description of the "realty" by
reference to Kern County Official Records document 0202199624 recorded on November
26, 2002. Per Kern County Tax Assessor records, the "realty," as defined in this
paragraph, is also correctly identified by APN 168-183-17-6. The realty shall be
transferred to the trustees of ihe Trust until the death of Ola Miller and then transferred as
foHows: to Kevin Miller.
8. 335 Clifton. fhis agreement incorporates the legal description of thc "realty" by
reference to Kern County Official Records document 0202199625 recorded on November
26, 2002. Per Kern County Tax Assessor records, the "realty," as defined in this
paragraph, is also correctly identified by APN 018-420-19-0. The realty shall be
transfened to the trustees of the Trust until the death of Ola Miller and then transferred as
follows: to Rene Wafford
9. 1300 Murdock. This agreement incorporates the legal description of the urealtyu by
reference to Kern County Official Records document 0203177589 recorded on November
2, 2002. Per Kem County Tax Assessor records, the "realty," as defined in this paragraph,
is also correctly identified by APN 018-122-38-2. The tealty shall be transferred to the
trustees of the Trust until the death of Ola Miller and then transferred as follows: to Craig
Miller.
10. 2829 Cottonwood. This agreement incorporates the legal description of the "realty" by
reference to Kern County Official Records document 0203172674 recorded on November
26, 2002. Per Kem County Tax Assessor records, the "realty," as defmed in this
paragraph. is also correctly identified by APN 170-280-07-7. The realty shall be
i
The 2003 deed is not used for 1010 Hacienda because it putttorts to transfer both 1010 Hacienda and 2829
Cottomvood but includes only one legal description. Thus it creates ambiguity. The 2013 deed transfers only
Hacienda.
2
tc3 Coleman d. Horowitt, LLP. April 15, 2022. gent Cutely superior court case mirnber iicv-Is-i 02220
[This agreement has been modified liom iis template form prior to execution.] Miller v. Miller Settlement
transferred to the trustees ol the Trust until the death of Ola Miller and then transfened as
follows: 1/2 to Kevin Miller mid 1/2 lo Craig Miller to be taken as tenants in common.
Craig Miller will execute a quitclaim deed resolving cloud created by Kern County
Official Records document 216016176 recorded February 9, 2016.
11. 800 Bradshaw. This agreement incorporates the legal description of the "realty" ofboth
parcels identitied collectively as u800 Braclshawu by reference to Kern County Official
Records docuinent 0202199623 recorded on November 26, 2002. Per Kem County 'fax
Assessor records, the "realty," as defined in this paragraph, is also correctly identified by
APNs 170-141-14-7 and 170-141-29-5. The realty shall be transferred to the trustees of
the Trust until thc death of Ola Miller and then translbrred as 1'ollows: to Lazaroy Miller.
12. 313 and 313 1/2 Madison St. This agreement incorporaies thc legal description of the
"realty" by reference to Kern County Official Records document 0203172674 recorded
on November 26, 2002. Per Kern County Tax Assessor records, the "realty," as defined in
this paragraph, is also correctly identified by APN 168-183-14-3. The realty shall
contimte to be owned by Lazaroy Miller and all propeidy taxes paid by him. Lazaroy
Miller shall grant an easement for the use of 313 1/2 Madison Strectr the terms of which
shall be set forth in that separate recorded document.
13. Deeds. All deeds executed in conjunction with this agreement shall be held by Coleman
& Horowitt until the Coleman & Horowitt receives an endorsed copy of the Request for
Dismissal with Prejudice filed by Ola Miller.
14. Each of the patties represents and warrants that they have not assigned or transfened, nor
attempted to assign or transfer, any claim or cause of action released or assigned under
this Settlement Agreement.
15. Except as provided above, the Parties agree to pay their own fees and costs.
16. Neither party may modify this agreement except by a writing signed by each party, and
no other modification shall be admissible as evidence in any proceeding for violation of
this Settlement Agreement.
17. Parties have contemplated and accepted the following risks: (I) the facts believed by each
party may be false, and (2) the parties have stated above all facts material to this
Settlement Agreement. This Settlement Agreenient shall remain in full force and effect
despite either patty later learning new or conllicting information.
18. The parties each waive all rights that they have under the provisions of Civil Code
section 1542, which provides as follows:
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.
3
Coleman & Horowitt. LLP. April I 5, 2022.
Ccr nulli colllli)'utrcrtor coun l.,iso nuurbcr acv-I 8-iru820
[This agreement has been modified from its template form prior to execution.) Miller u. Miller Seutement
I 9. The parties waive thc application of Civil Code section 1542 and understand and
acknowledge that by waiving the application of this section they will not be able to make
any claims for additional damages related to the matters covered by this settlement
agreement even if new claims are later discovered based upon the underlying facts. With
respect to this paragraph, parties include by reference any and all allegations made by any
party hereto in a demand letter or court pleading to clarify and define the scope of this
protection. Patties further acknowledge that ibis waiver may waive claims that if known
today would have caused them to avoid executing this settlement agreement.
20. Each party acknowledges that no representation or promise not expressly set forth in this
Settlement Agreement has been made by the other pairty hereto, or anyone acting on
behalf of such party, and that there are no reprcscntations or promises which are not
expressly sct forth herein.
21. Each party asserts lhal they have hired legal counsel of their own choosing to represent
them in all negotiations preceding the execution of this Settlement Agreement.
22. The terms of this agreement have been mutually negotiated, and for thc purpose of Civil
Code section 1654, both parties have equal responsibility in causing any uncertcainty to
ex isL
23. This Settlement Agreement shall bind tl'ie pal'ties and their respective heirs, successors,
representatives, and assigns.
24. This Settlement Agreement shall be construed under the laws of the State of California.
25. Should either parly be required to bring legal action to enforce their rights under this
Settlement Agreement, the prevailing party shall be entitled to recover their reasonable
attorneys'ees and costs.
26. Execution by electronic signature or facsimile shall have the same effect as original
signatures.
27. Parties agree that the California Superior Court of Kern shall retain jurisdiction to enter
judgment and enforce this Settlement Agreement according to Code of Civil Procedure
section 664.6, subdivision (a).
IN WITNESS I IEREOF, the parties hereto have executed this Settlement Agreement as of
the Date above written.
By:
Lazaro@kliller, Itn)ndiviejttal Craig Miller/n individual
By:
Ola Millergigned by Craig Miller,
her guardian ad litem
CIColeman d. Horowitt, LLP. April 15, 2022 Xcm Cuwrir Superior Coun ccrc number BCV-IS-102020
[This agreement has been modified from its template foun prior to execution.]
This Settlement Agreement has been rcvicwed Btld capproved as to form and content by the
followmg:
(/ 5 2n2R
Seth 6ddlh Esq.
Swanson Odell APC
~ /h 2, !&222. 3
Jere) R. Clemences Esq.
Coleman k. I-lorowitt, LLP
5
Coleman k Horowitt, LLP. April 15, 2022.
tnt I'em County Superior Court case uuottser BCV-IS-102020
[This agreement has been modified fi am its template form prior to execution.] Miller v Miller Settlement
Preview
MC-351 ATTORNEY OR PARTY WITHOUT ATTORNEY FoR couR 7 usE Dier NAME Seth N. O'Dell, Esq. FIRM NAME.SWANSON O'DELL, APC. sTREETADDREse 330 H Street, Suite 2 cine Bakersfield STATE CA ZIP CODE: 93301 TELEPHONE NO: 66 1-326-1 6 1 1 NO'61-326-1 91 0 FAX EMAIL ADDREss: sodell@swansonodelLcom ATToRNEY FQR (Namsii Ola Mae Miller SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kem sTREETADDREss 1215 Truxtun Avenue MAILING ADDREss' 2 1 5 Truxtun Avenue cITYANDzlpcoDE Bakersfield, CA 93301 BRANcH NAME Metropolitan Division CASE NAME: Miller v. Miller CASE NUMBER DEPT,'. Hearing a. b. ORDER APPROVING COMPROMISE OF CLAIIIII OR ACTION ~ OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY BCU- I 8-102820 HEARING DATE, IF ANY No hearing was held. The matter is eligible for expedited approval under rule 7.950.5 of the California Rules of Court. ~ A hearing was held: c. Judicial officer: Date; Time: Dept.: Petitioner (name or pseudonym'): Craig Miller 2. is the (check s/I relationships ~ guardian ~ or representative capacities that apply): conservator ~ other (specify)( ~parent G3 guardian ad litem* of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed claim or pending action or the disposition of the proceeds of a judgment for a minor or a person with a disability. (sPeliiioner wss appointed guardian ad litem under s pseudonym. (See Code Civ. Proc., $ 372.5)) 3. claimant (nsme)( Ola Mae Miller a. b. ~ Qg is a minor. is a "person with a disability" within the meaning of Probate Cade section 3603 who is: (1) Qg An adult. Claimant's date ofbirth is (specify): 11/2/1925 (2) ~ A minor described in Probate Code section 3603(b)(3). 4. Defendant The claim or action to be compromised or settled is asserted, ar the judgment is entered, against (name of settling orjudgment defendant or defendants (ihe "payer")): Lazaroy Miller THE COURT FINDS 5. ~ Notice has been given as required by law. 6. ~ a. The claimant is an adult who has the capacity to consent to this order within the meaning of Probate Code section 812 and does not have a conservator of the estate. The claimant has given express consent to this order. b. Q3 The claimant's consent to this order is not required because the claimant is a minor, a conservatee, or a person who lacks the capacity to consent to the order within the meaning of Probate Cade section 812. P49s Iof4 Form Adopled for Mandatoo Use APPROVING COMPROMISE OF CLAIM OR ACTION Code ol Civil Procedure, !I 372, Prouala Code, Ijlj 35(6, 3600-3613, Judicial Counul of Caslomia OR DISPOSITION OF PROCEEDS OF JUDGMENT Qcc3','ssential FOrmS'RDER MC&SI IRev. January I, 2021l FOR MINOR OR PERSON WITH A DISABILITY Cal R les ofCourt, rules 3.1354,7953 www.couifs.cs dov cs54sm, Pj Miller, Ola IIC-351 CASE NAME: CASE NUMEEfv Miller v. Miller BCV-18-102820 THE COURT ORDERS 6. The petition is granted and the proposed compromise or settlement, or the proposed disposition of the proceeds of ihe judgment, is approved. The gross amount or value of the settlement or judgment in favor of claimant is: $ none 7. C3 Until further order of the court, jurisdiction isreserved to determine a claim for a reduction of a Medi-Cal lien under Welfare and Institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services in item Sa(4) of this order is the full amount of the lien claimed by the department but is subject to reduction on further order of the court upon determination of the claim for reduction. 8. The payer must disburse the proceeds of the settlement or judgment approved by this order in the following manner. a. Payment of fees and expenses Fees and expenses shall be paid by one or more checks or drafts drawn payable to the order of the petitioner and the petitioners attorney, if any, or directly to third parties entitled to receive payment identified in this order for the following items of expense or damage, which are hereby authorized to be paid out of the proceeds of the settlement or judgment: (1 } Cl Attorney's fees in the total amount of: $ payable to (specify): (2) ~ Reimbursement for medical and all other expenses paid by the petitioner or the petitioner's attorney in the total amount of: (3) ~ Medical, hospital, ambulance, nursing, and other similar expenses payable directly to providers as follows, in the total amount of: (a) Payee (name): (i) address. (ii) Amount $ (b) Payee (name): (i) address. (ii) Amount $ ~ Continued on Attachment 8a(3). (Provide information about additional payees in the above formal.) (4) ~ Other authorized disbursements payable directly to third parties in the total amount of: $ (Descnbe snd stale the amount of each item and provide fbe name snd address of each payee): ~ Continued on Attachment 8a(4). (5) ~ Total allowance for fees and expenses from the settlement or judgment: ORDER APPROVING COIIPROIIISE OF CLAIIN OR ACTION P444 4 of 4 ~ Essential ( Q3' P~porms- I OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR ININOR OR PERSON WITH A DISABILITY Miller, Ola MC-351 CASE NAME: CASE NUMSES'CV-18-102820 Miller v. Miller 8. b. Balance for claimant The balance of the settlement or judgment available for claimant aber payment of all allowed fees and expenses is: The balance shall be disbursed as follows: (I) ~ By one or more checks or drafts in the total amount of (specify): $ drawn payable to the order of the petitioner in the petitioner's representative capacity. Each check or draft must bear an endorsement on the face or reverse that it is for deposit in one or more interest-bearing, federally insured accounts in the name of the petitioner in the petitioner's representative capacity, No withdrawals may be made from these accounts (" blocked accounts" ) except as provided in the Order lo Deposit Funds in Blocked Account (form MC-355) signed at the same time as this order. (2) ~ By the following method(s) (describe each method, including lhe amount to be disbursed by each)i ~ Continued on Attachment 8b(2). (3) C3 Ifmoney is to be paid to a special needs trust under Probate Code section 3604, all statutory liens in favor of the state Department of Health Care Services, the state Department of State Hospitals, the state Department of Developmental Services, and any city and county in California must first be satisfied by the following method (specify): ~ Continued on Attachment Sb(3). 9. ~ Further orders of the court concerning blocked accounts The court makes the following additional orders concerning any part of the balance ordered to be deposited in a blocked account under item 8b(t): a. Within 48 hours of receipt of a check or draft described in item 8b(t), the petitioner and the petitioner's attorney, if any, must deposit the check or drab in the name of petitioner in the petiiioner's representative capacity in one or more blacked accounts at (specify name, branch, and address of each depository, and the amount of each account): Cl Continued on Attachment 9a. ORDER APPROVING COINPROMISE OF CLAIIN OR ACTION Page 3 era MC-351 Ise . January 1, 2021I CLBI Essential OR DISPOSITION OF PROCEEDS OF JUDGINENT llbpaimg- eagaeeaaI FOR ININOR OR PERSON WITH A DISABILITY Miller, Ola MC-351 CASE NAME: CASE NUMBER'CV- Miller v. Miller I 8-102820 9. b. The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of the Order lo Deposit Funds in Blocked Account (form MC-355), which is signed at the same time as this order, and three copies of the Acknowledgment of Receipt of Order and Funds lor Deposit in Blocked Account (form MC-356). The petitioner or the petitioner's attorney must file a copy of the receipt with this court within 15 days of the deposit. The sole responsibilities of the petitioner and the petitioner's attorney, if any, are to place the balance in a blocked account or accounts and to file a copy of the receipt on time. c. The balance of the proceeds of the settlement or judgment deposited in a blocked account or accounts under item sb(1) may be withdrawn only as follows (check (1) or (2))J (1) ~ No withdrawals of principal or interest may be made from the blocked account or accounts without a further written order under this case name and number, signed by a judicial officer, and file-stamped by this court. The money on deposit is not subject to escheat. (2) ~ The blocked account or accounts belong to a minor, who was born on (dale)J No withdrawals of principal or interest may be made from the blocked account or accounts without s further written order under this case name and number, signed by a judicial officer, and file-stamped by this court, until the minor reaches 18 years of age. When the minor reaches 18 years of age, the depository, without further order of this court, is authorized and directed to pay by check or draft directly to the former minor, on proper demand, all funds, including interest, deposited under this order. The money on deposit is not subject to escheat. 10. ~ Authorization to execute settlement documents The petitioner is authorized to execute settlement documents as follows (check only one): a. ~ On receipt of the full amount of the settlement sum approved by this order and the deposit of funds, the petitioner is authorized and directed to execute and deliver to the payer (1) a full, complete, and final release and discharge of any and all claims and demands of the claimant by reason of the accident or incident described in the petition and the resultant injuries to the claimant and (2) a properly executed dismissal with prejudice. b. ~ The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out the terms of the settlement. c. ~ The petitioner is authorized and directed to (specify): ~ Continued on Attachment 10c. 11. Bond is ~ ordered and fixed in the amount of: $ (fuji not required. 12. A copy of this order must be served on the payer immediately. 13. Q3 Additional orders The court makes the following additional orders (specify)J The Court incorporates into this Order Approving Compromise of Claim or Action of Disposition of Proceeds o Judgment for a Minor or Person with a Disability the attached Settlement Agreement and Mutual General Relea: as though set forth in its entirety. C3 Continued on Attachment 13. Date: JUOICIAL OFFICER SIGNATURE FOLLOWS lAST ATTACHMENT MC-291 iRau January I, 2921l ORDER APPROVING COMPROMISE OF CLAIII OR ACTION 9494 4 41 4 ( ~ I Essemial meaam I lan Forms OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITYMijjer, Ola SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE Lazaroy Miller, Craig Millet, aiid Ola Miller as represented by Craig Miller, (hereafter, collectively refened to as "Parties" ) make and enter into TI-IIS SE1 TLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE (" Settlement ¹reement") as of November 3, 2023. RFCITALS Without admiring guilt or culpability, the parties submit the following facts in support of this Settlement Agreement relating to Kern County Superior Court case number BCV-18-102820: 1. On August 4, 2002, Ola Miller executed a trust declaration establishing "The Ola Miller Family Trust, dated August 4., 2002. (hereatter, "Trust.") 1 he term "Trust" shall refer to the trust created by this declaration as modiTied by all subsequent tunendments. 2. On the same date, Ola Millm transferred real property to the Trust. 3. On February 21, 2003, Ola Miller executed the Iirst amendment to the Trust. 4. On July 15, 2018, Ola Miller executed the second amendmcnt to the Trust. (hereafter, "2018 Amendment.") The 2018 Amendment was subsequently challenged by members of the family, including Lazaroy Miller, and that challenge has not been resolved. 5. Prior to August 4, 2013, Ola Miller executed a series of Grant Deeds and Quitclaim Deeds transferring real property fiom the Trust to Lazaroy Miller. 6. On November 9, 2018, Ola Miller tiled a complaint against Lazaroy Miller seeking the return of all real properties. That complaint was issued Kern County Superior Court case number BCV-18-102820. AGREEMENT In consideration of the Recitals above and the mutiial covenants set forth herein, the parties agree follows: as 1. The parlies stipulate that the Recitals above are true and correct and are made a part of this Settlement Agreement by reference. 2. The parties acknowledge that this Settlement Agreement represents a compromise of disputed claims and shall not be considered an admission of liability by either pairty, 3. Rents. For all realty transferred to the Trust as part of this settlement, the Trust shall collect and keep all rents beginning December I, 2023. Lazaroy Miller shall assist in making tenants aware of the change in Landlords. 4. Trust. Parties stipulate to the validity of the 2018 Amendments and all prior amendments and declarations. As such, within this document, any reference to "trustees" of the Trust 0 Coleman P. Horowiit, LLP. April 15, 2022. Xcm Couurr Suucnur Coun cure number BCV-18-102820 [This agreement hns been modilied from iis template form prior io execution.) Miller v. Miller Sculcmcni shall refer to Rene Wafford and Craig Miller as cotrustees. The parties to this agreemcnt acknowledrie thai this stipulation only applies to disputes between the parties to this agt cement. 5. 833 Hacienda. This agreement incorporates the legal description of the "realty" by reference to Kern County Official Records document 0203172676 recorded on August 19r 2003. Pet Kern County Tax Assessor records, the "realty," as defined in this paragraph, is also correctly identified by APN 170-240-34-5. The realty shall be transferred to the trustees of the Trust until the death of Ola Miller and then transferred as follows: to Dametia Wofford. 6. 1010 Hacienda. This agreement incorporates the legal description of the "realty" by reference to Kern County Official Records document 0213118957 recorded on August 16, 2013'. Per Kern County Tax Assessor records, the "realty," as defined in this paragraph, is also correctly identified by APN 170-190-31-8. The realty shall be transferred to the trustees of the Trust until the death of Ola Miller and then transferred as follows: to Craig Miller, Lazaroy Miller, and Kevin Miller as tenants in common in equal parts. 7. 307 Madison. This agreement incorporates ihe legal description of the "realty" by reference to Kern County Official Records document 0202199624 recorded on November 26, 2002. Per Kern County Tax Assessor records, the "realty," as defined in this paragraph, is also correctly identified by APN 168-183-17-6. The realty shall be transferred to the trustees of ihe Trust until the death of Ola Miller and then transferred as foHows: to Kevin Miller. 8. 335 Clifton. fhis agreement incorporates the legal description of thc "realty" by reference to Kern County Official Records document 0202199625 recorded on November 26, 2002. Per Kern County Tax Assessor records, the "realty," as defined in this paragraph, is also correctly identified by APN 018-420-19-0. The realty shall be transfened to the trustees of the Trust until the death of Ola Miller and then transferred as follows: to Rene Wafford 9. 1300 Murdock. This agreement incorporates the legal description of the urealtyu by reference to Kern County Official Records document 0203177589 recorded on November 2, 2002. Per Kem County Tax Assessor records, the "realty," as defined in this paragraph, is also correctly identified by APN 018-122-38-2. The tealty shall be transferred to the trustees of the Trust until the death of Ola Miller and then transferred as follows: to Craig Miller. 10. 2829 Cottonwood. This agreement incorporates the legal description of the "realty" by reference to Kern County Official Records document 0203172674 recorded on November 26, 2002. Per Kem County Tax Assessor records, the "realty," as defmed in this paragraph. is also correctly identified by APN 170-280-07-7. The realty shall be i The 2003 deed is not used for 1010 Hacienda because it putttorts to transfer both 1010 Hacienda and 2829 Cottomvood but includes only one legal description. Thus it creates ambiguity. The 2013 deed transfers only Hacienda. 2 tc3 Coleman d. Horowitt, LLP. April 15, 2022. gent Cutely superior court case mirnber iicv-Is-i 02220 [This agreement has been modified liom iis template form prior to execution.] Miller v. Miller Settlement transferred to the trustees ol the Trust until the death of Ola Miller and then transfened as follows: 1/2 to Kevin Miller mid 1/2 lo Craig Miller to be taken as tenants in common. Craig Miller will execute a quitclaim deed resolving cloud created by Kern County Official Records document 216016176 recorded February 9, 2016. 11. 800 Bradshaw. This agreement incorporates the legal description of the "realty" ofboth parcels identitied collectively as u800 Braclshawu by reference to Kern County Official Records docuinent 0202199623 recorded on November 26, 2002. Per Kem County 'fax Assessor records, the "realty," as defined in this paragraph, is also correctly identified by APNs 170-141-14-7 and 170-141-29-5. The realty shall be transferred to the trustees of the Trust until thc death of Ola Miller and then translbrred as 1'ollows: to Lazaroy Miller. 12. 313 and 313 1/2 Madison St. This agreement incorporaies thc legal description of the "realty" by reference to Kern County Official Records document 0203172674 recorded on November 26, 2002. Per Kern County Tax Assessor records, the "realty," as defined in this paragraph, is also correctly identified by APN 168-183-14-3. The realty shall contimte to be owned by Lazaroy Miller and all propeidy taxes paid by him. Lazaroy Miller shall grant an easement for the use of 313 1/2 Madison Strectr the terms of which shall be set forth in that separate recorded document. 13. Deeds. All deeds executed in conjunction with this agreement shall be held by Coleman & Horowitt until the Coleman & Horowitt receives an endorsed copy of the Request for Dismissal with Prejudice filed by Ola Miller. 14. Each of the patties represents and warrants that they have not assigned or transfened, nor attempted to assign or transfer, any claim or cause of action released or assigned under this Settlement Agreement. 15. Except as provided above, the Parties agree to pay their own fees and costs. 16. Neither party may modify this agreement except by a writing signed by each party, and no other modification shall be admissible as evidence in any proceeding for violation of this Settlement Agreement. 17. Parties have contemplated and accepted the following risks: (I) the facts believed by each party may be false, and (2) the parties have stated above all facts material to this Settlement Agreement. This Settlement Agreenient shall remain in full force and effect despite either patty later learning new or conllicting information. 18. The parties each waive all rights that they have under the provisions of Civil Code section 1542, which provides as follows: 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. 3 Coleman & Horowitt. LLP. April I 5, 2022. Ccr nulli colllli)'utrcrtor coun l.,iso nuurbcr acv-I 8-iru820 [This agreement has been modified from its template form prior to execution.) Miller u. Miller Seutement I 9. The parties waive thc application of Civil Code section 1542 and understand and acknowledge that by waiving the application of this section they will not be able to make any claims for additional damages related to the matters covered by this settlement agreement even if new claims are later discovered based upon the underlying facts. With respect to this paragraph, parties include by reference any and all allegations made by any party hereto in a demand letter or court pleading to clarify and define the scope of this protection. Patties further acknowledge that ibis waiver may waive claims that if known today would have caused them to avoid executing this settlement agreement. 20. Each party acknowledges that no representation or promise not expressly set forth in this Settlement Agreement has been made by the other pairty hereto, or anyone acting on behalf of such party, and that there are no reprcscntations or promises which are not expressly sct forth herein. 21. Each party asserts lhal they have hired legal counsel of their own choosing to represent them in all negotiations preceding the execution of this Settlement Agreement. 22. The terms of this agreement have been mutually negotiated, and for thc purpose of Civil Code section 1654, both parties have equal responsibility in causing any uncertcainty to ex isL 23. This Settlement Agreement shall bind tl'ie pal'ties and their respective heirs, successors, representatives, and assigns. 24. This Settlement Agreement shall be construed under the laws of the State of California. 25. Should either parly be required to bring legal action to enforce their rights under this Settlement Agreement, the prevailing party shall be entitled to recover their reasonable attorneys'ees and costs. 26. Execution by electronic signature or facsimile shall have the same effect as original signatures. 27. Parties agree that the California Superior Court of Kern shall retain jurisdiction to enter judgment and enforce this Settlement Agreement according to Code of Civil Procedure section 664.6, subdivision (a). IN WITNESS I IEREOF, the parties hereto have executed this Settlement Agreement as of the Date above written. By: Lazaro@kliller, Itn)ndiviejttal Craig Miller/n individual By: Ola Millergigned by Craig Miller, her guardian ad litem CIColeman d. Horowitt, LLP. April 15, 2022 Xcm Cuwrir Superior Coun ccrc number BCV-IS-102020 [This agreement has been modified from its template foun prior to execution.] This Settlement Agreement has been rcvicwed Btld capproved as to form and content by the followmg: (/ 5 2n2R Seth 6ddlh Esq. Swanson Odell APC ~ /h 2, !&222. 3 Jere) R. Clemences Esq. Coleman k. I-lorowitt, LLP 5 Coleman k Horowitt, LLP. April 15, 2022. tnt I'em County Superior Court case uuottser BCV-IS-102020 [This agreement has been modified fi am its template form prior to execution.] Miller v Miller Settlement