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MC-351
AlTO R HEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY
NAME Setjt N. O'Dell, ESq.
Fsw wue SWANSON O'DELL, APC.
smEETADDREssf 330 H Street, Suite 2
circ Bakersfield BTATR CA zecoae 93301
TELEPHONE NOJ 661-326-1611 Fnx Nod 661-326-1910
EMIOLADDREER Spdelj@SWEUSOUOdell.COm
ArroRNEY FoR fwsewk Ola Mae Miller
SupERIOR COURT OF CALIFDRNIA, COUNTY OF Kem
ETREETADDREss. 1 2 15 Truxtun Avenue
MAILfNG ADDREER 1 2 1 5 Truxtun Avenue
cnYANDzn coae Bakersfield, CA 93301
BRANcH NAME: Metropolitan Division
CASE NAME:
Miller v. Miller
CASE NUMBER:
ORDER APPROVING COMPRONIISE OF CLAIIIII OR ACTION BCV-18-102820
OR DISPOSITION OF PROCEEDS OF JUDGMENT HEARING DATE, IF ANY:
FOR MINOR OR PERSON WITH A DISABILITY
March 20. 2024
1. Hearing
a. ~No hearing was held. The matter is eligible for expedited approval under rule 7.950.5 of the California Rules of Court.
b. gg A hearing was held: Date: March 20, 2024 Time: 8:30 am Dept.: J
c. Judicial officer:
Petitioner (name or pseudonym )f Craig Miller
2.
is the (check s/I relationships or n presentalive capacities lhal apply)i
~ ~
parent Q3 guardian ad litem'
guardian ~
conservator other(specify):
of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed daim or pending
action or the disposition of the proceeds of a judgment for a minor or a person with a disability.
( Petitioner was a ppainled guamian ad iilem under a pseudonym. (See Code Civ. Pmcu 5 372.5))
3. claimant (name): Ola M~ Miller
a.
b.
~
53
is a minor.
"person with a disability" within the meaning of Probate Code section 3603 who is:
Is a
(1) QL1 An adult. Claimant's date of birth is (specify)f 11/2/1925
(2) ~
A minor described in Probate Code section 3603(b)(3).
4. Defendant
settling orjudgment
The claim or action to be compromised or settled is assefted, or the judgment is entered, against (name of
defendant or defendants (the "payer")):
Lazaroy Miller
THE COURT FINDS
5. ()Ll 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
does not have a conservator af the estate. The claimant has given express consent to this order.
Code section 512 and
conservatee, or a pdrsan who lacks
b. t)cmwl The claimant's consent to this order is not required because the claimant is a minor, a
the capacity to consent to the order within the meaning of Probate Code section 612.
Pass 1 f4
Form Adopled lor Mandalwr Uas ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Cade of Civ0 Pmcodure. 5 312:
P rona le Code, U 3500, ST4Xn3013:
Csl. Rules of Cnirc rules 3.1304, 1353
Aurmal Cowwil of Cadfamfa
MCOSI (Rev. Jsnuwy I, 2021I OR DISPOSITION OF PROCEEDS OF JUDGMENT wow co erin nri.sov
'ssential FOR IIIIINOR OR PERSON WITH A DISABILITY
~m I 1n3Forms. Miller, Ola
MC-351
CASE CASE RVMSER:
NAMF'iller
v. Miller BCV-18-102820
THE COURT ORDERS
is
6. The petition is granted and the proposed compromise or settlement, or the proposed disposition of the praceeds of ihe judgment.
approved. The gross amount or value of the settlement or judgment in favor of claimant $
is: none
7. M Until further order of the court, jurisdiction is reserved to determine a toclaim for a reduction of a Medi-Cal lien under Welfare
and institutions Code section 14124.76. The amount shown payabfe the Depariment of Health Care Services item Ba(4)
in
of this order is the full amount of the lien claimed by the department but is subject to reduclion on further order of the court
upon determination of the claim for reduction.
8. The payer must disburse the proceeds of the settlement ar judgment approved by this order in the following manner.
a. Payment of fees and expenses
Fees and expenses shall be paid by one ar more checks or drafts drawn payable to the order of the petitioner and the
petitioners attorney, if any, or direcgy 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) ~ Attorney's fees in the total amount of: $ payabie to (speciyy)r
(2) ~ Reimbursement for medical and ag other expenses paid by the petitioner or the petitioner's
shomey 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 (nsme):
(i) address:
(ii) Amount: $
(b) Payee (name)r
(i) address
(ii) Amount: $
~ Continued on Attachment Ba(3). (Pmvlde information about sddilionsl payess in lhe above faunal.)
(4) ~ Other authorize disbursements payable directly to third parties in the total amount of: $
(Descrihe snd state lhe amounl of each item and provide the name snd address of each payeejr
Cl Continued on Attachment Ba(4).
(5) ~ Total allowance for fees and expenses from the setgement or judgment:
Mc-221 iROO. JOOOPP 1. 202u ORDER APPROVING COMPROMISE OF CLAIM OR ACTION ROE 4 2 Of 4
( +' goporms.
Essential OR DISPOSITION OF PROCEEDS OF JUDGMENT
~M j FOR MINOR OR PERSON WITH A DISABILITY
Miller, Ola
NIC-351
CASE NAME: CASE
NUMBER'CV-18-102820
Miller v. Miller
8. b. Balance for claimant
The balance of the settlement or judgment available for claimant affer payment of all allowed
fees and expenses is:
The balance shall be disbursed as follows:
(I) C3 By one ormore checks ordrafts in the total amount of(specify)J 3
drawn payable to the order ot'he petitioner in the pstigoners representative capacity. Each check or drsff 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 petitioners representative capacity. No withdrawals may be made from these
accounts (" blocked accounts") except as provided in ihe Order Io Deposit Funds in BIocked Account (form MC-355)
signed at the same time as this order.
(2) ~ By the following method(s) (describe each method, including the emounf Io be disbursed by each):
C3 Continued on Attachment Bb(2).
(3) ~ money is to be paid to a special needs trust under Probate Code section 3604, ag statutory liens in favor of the state
If
Department of Health Care Services, the state DepaAment 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 Bb(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 Bb(1):
attorney, ifany, must
a. Within 48 hours of receipt of a check or draff described in item Bb(1), the petitioner and the petitioners
or draft the name of petitioner in the petitioner's representative capacity in one or more blocked accounts at
deposit the check in
(specify name, branch, end address of each depository, and Ihe amount of each account)J
~ Continued on Attachment Qa.
p 3 aalu
ORDER APPROVING COMPROMISE OF CLAIIIII OR ACTION
~
M cosa iRnu. January l. 2021i
I Essential OR DISPOSITION OF PROCEEDS OF JUDGMENT
IQAFwms FOR MINOR OR PERSON WITH A DISABILITY
Miller, 018
MC-351
CASE NAME: CASE NUMBER:
Miller v. Miller BCU- I g-102820
'the
9. b. The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of
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 o(Order and Funds for 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 petitioners 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 underltein8b(1) maybe
withdrawn only as follows (check (f) or(2)jr
(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)i
No withdrawals of principal or interest may be made from the blocked account or accounts wiihout a further written
order under this case name and number, signed by a judicial oflicer, 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, sll funds, including
interest, deposited under this order. Tha money on deposit is not subject to escheat.
10. C3 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 tha 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.
terms of
b. Q3 The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry ovt the
the settlement.
c. ~ The petitioner is authorized and directed to (specify)i
~ Continued on ANachment 10c.
11. Bond is ~ ordered and fixed in the amount of. $ Q3 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)r
The Court incorporates into this Order Approving Compromise of Claim or Action of Disposition of Proceeds
o
Agreement and Mutual General Releai
Judgment for a Minor or Person with a Disability the attached Settlement
as though set forth in its entirety.
C3 Continued on Attachment 13.
Date:
JUDICIAL OFFICER
~ SIGNATURE FOLLOWS lAST ATTACHMENT
Feg 4 f4
ORDER APPROVING CONIPROIIISE OF CLAIM OR ACTION
~
MCOEI lgeu. Jeeuee I, gog it
Essential
QQE fFJfonns. OR DISPOSITION OF PROCEEDS OF JUDGNIENT
FOR MINOR OR PERSON WITH A DISABILITYMijler, Ola
I
I
SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
Lazaroy Millerr Craig Miller, and Ola Miller as represented by Craig Miller, (hcrcafier,
collectively refen'ed to as "Parties" ) make and enter into THIS SETTLEMENT AGREEMENT
AND MVTVAL GENERAL RELEASE (" Settlement Aereement") as of November 3, 2023.
RECITALS
Without admitting 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. (hereafter, uTrust.o) The terni "Trust" shall reier to
the trust created by this declaration as modified by all subsequent amendments.
2. On the same date, Ola Miller transferred real property to the Tmst.
3. On February 21, 2003, Ola Miller executed the lirst amendment to the Trust.
4. On July 15, 2018, Ola Miller executed the second amendment to the 'frust. (hereaficr,
u2018 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, Oia Miller executed a series of Grant Deeds and Quitclaim
Deeds transferring real property from the Trust to Lazaroy Miller.
6. On November 9, 2018, Ola Miller fded a complaint against Lazaroy Miller seeking the
return of all real properties. That complaint was issued Kem County Superior Court case
number BCV-18-102820.
AGREEMENT
ln consideration of the Recitals above and the mutiial covenants set forth herein, the parties
agree as follows:
1. The parties stipulate that the Recitals above are tnie 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 party.
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 utrusteesu of the Trust
O Coleman Horowlit, LLP. April 15, 2022.
E: Xcm Conner superior coun co cc uuurbcr a co-I II-la2ala
[This agrccmom has been modified from iis template form prior io execution.] Miller v. Miller Sculomcot
shel) refer to Rene Wafford and Craig Miller as cotrustees. The parties to this agreement
acknowledge that this stipulation only applies to disputes between the parties to this
agreement.
5. 833 Hacienda. This agreement incorporates the legal description of the "realty" by
reierence to Kern County Official Records document 0203172676 recorded on August
19, 2003. Per Kern County Tax Assessor records, the "realty," as defined in this
paragraph, is also correctly identihed by APN 170-240-34-5. The realty shall be
transferred to the nxtstees 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 the legal description of the "realty" by
inference 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
transfened to the trustees of the Trust until the death of Ola Miller and then transferred as
follows: to Kevin Miller.
8. 335 Clifton. This agreement incorporates the legal description of the "realty" by
reference to Kern County Official Records document 0202199625 recorded on November
26, 2002. Per Kern County Tax Assessor records, the "realty," as dehned in this
paragraph, is also correctly identified by APN 018-420-19-0. The realty shall be
transferred to the trustees of the Trust until the death of Ola Miller and then transferred as
follows: to Rene Wafford
9. 1300 Murdoch. This agreement incorporates the legal description of the "realty" by
reference to Kern County Official Records document 0203177589 recorded on November
2, 2002. per Kem County Tax Assessor records, the nreafty,e as defined in this paragraph,
is also correctly identified by APN 018-122-38-2. The realty shall be transfeired to the
trustees of the Trust until the death of Ola Miller and then transferred as follows: to Craig
Miller.
10. 2829 Cottonwood. This agreenient 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 nrealty,a as defmed in this
paragraph, is also correctly identified by APN 170-280-07-7. The realty shall be
'he 2003 deed is not used I'or l010 Hacienda because it purporis to transfer both l0l0 Hacienda and 2B29
Cottonwood but includes only one legal description. Thus it creates ambiguity. Tbe 2013 deed transfers only
Hacienda.
2
6 Coleman & Horowitt, LLP. April 13, 2022. Kcns cnanly sniwrinr cnwi case name r acv.is.t02S20
[This agreement has been modified liom its template term prior to execution.] Miller v. Miller Setttcmcnt
transfened to the trustees ot'he Trust until the death of Ola Miller and then transferred as
follows: I/2 to Kevin Miller and I/2 to Craig Mifler 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 identified collectively as "800 Bratlshawu by reference to Kern County Oflicial
Records docummit 0202199623 recorded on November 26, 2002. Per Kern County Tax
Assessor records, the urealty,u 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 transferred as follows: to Lazaroy Miller.
12. 313 and 313 1/2 Madison St. This agreement incorporates the 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 "malty," as defined in
this paragraph, is also correctly identified by APN 168-183-14-3. The realty shall
continue to be owned by Lazaroy Miller and all property taxes paid by him, Lazaroy
Miller shall grant an easement for the use of 313 I/2 Madison Street, the terms of which
shall be set forth in that separale recorded document.
13. Deeds. All deeds executed in conjunction with this agreement shall be held by Coleman
& Horowitt until the Colei'ilali /k Horowitt receives an endorsed copy of the Request for
Dismissal with Prejudice filed by Ola Miller.
14. Each of the parties 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 Settlenient Agreenient shall remain in full force and effect
despite either paizy later learning new or conflicting 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
0 Coleman d. Horowltt, LLP. April 15, 200&. Xcni County Sup rior Court nice nuinbcr BCV-IS-102020
[This asreontent has been modified f'rom its template form prior to execution.] Miller u. Miller Sculcment
19. 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 ciaints are later discovered based upon the underlying facts. 0/ith
respect to this paragraph, patties inc! ude 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. Parties further acknowledge that this 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 party hereto, or anyone acting on
behalf of such party, and that there are no representations or promises which are not
expressly sct forth herein.
21. Each party asserts that 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 uncertainty to
exist.
23. This Settlement Agreement shall bind the pmdies 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 party 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 Agreentent according to Code of Civil Procedure
section 664.6, subdivision (a).
IN WITNESS I IEREOF, the parties hereto Irave executed this Settlement Agreement as of
the Date above written.
By: ~~CKEXXSLh By:
Craig MitlervXan individual
Lazar~ilier, Qn)ndivictstal
By:
Ola Millergigned by Craig Miller,
her guardian ad litem
4
O Coleman & Horowitt, LLP. April IS. 2022. em Ceeeu Seperfer Coen cess IIUI11bef acv.lsoessse
I
[This agreement has been modified from its templare foms prior to execution.] Miller v. Miller Seuleereat
pc+
This Settiemcnt Agreement has been reviewed and approved as lo form and content by thc
following:
ff 3 an~W
Seth 6ddlt, Esq.
Swenson Odeii APC
iil~Z. bdZ~
farci R. Clemence, Esq.
Coleman k Horowitt, LLP
5
Ct Coleman 8. Horowitt, LLP. April l5, 2022. Kcur Ccumr Suncricr Coun ccrc cumber OCV-t8-102880
[This agreement has been modified from its template form prior to cxccution.] Miller v. Miller Sealement
Preview
MC-351 AlTO R HEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY NAME Setjt N. O'Dell, ESq. Fsw wue SWANSON O'DELL, APC. smEETADDREssf 330 H Street, Suite 2 circ Bakersfield BTATR CA zecoae 93301 TELEPHONE NOJ 661-326-1611 Fnx Nod 661-326-1910 EMIOLADDREER Spdelj@SWEUSOUOdell.COm ArroRNEY FoR fwsewk Ola Mae Miller SupERIOR COURT OF CALIFDRNIA, COUNTY OF Kem ETREETADDREss. 1 2 15 Truxtun Avenue MAILfNG ADDREER 1 2 1 5 Truxtun Avenue cnYANDzn coae Bakersfield, CA 93301 BRANcH NAME: Metropolitan Division CASE NAME: Miller v. Miller CASE NUMBER: ORDER APPROVING COMPRONIISE OF CLAIIIII OR ACTION BCV-18-102820 OR DISPOSITION OF PROCEEDS OF JUDGMENT HEARING DATE, IF ANY: FOR MINOR OR PERSON WITH A DISABILITY March 20. 2024 1. Hearing a. ~No hearing was held. The matter is eligible for expedited approval under rule 7.950.5 of the California Rules of Court. b. gg A hearing was held: Date: March 20, 2024 Time: 8:30 am Dept.: J c. Judicial officer: Petitioner (name or pseudonym )f Craig Miller 2. is the (check s/I relationships or n presentalive capacities lhal apply)i ~ ~ parent Q3 guardian ad litem' guardian ~ conservator other(specify): of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed daim or pending action or the disposition of the proceeds of a judgment for a minor or a person with a disability. ( Petitioner was a ppainled guamian ad iilem under a pseudonym. (See Code Civ. Pmcu 5 372.5)) 3. claimant (name): Ola M~ Miller a. b. ~ 53 is a minor. "person with a disability" within the meaning of Probate Code section 3603 who is: Is a (1) QL1 An adult. Claimant's date of birth is (specify)f 11/2/1925 (2) ~ A minor described in Probate Code section 3603(b)(3). 4. Defendant settling orjudgment The claim or action to be compromised or settled is assefted, or the judgment is entered, against (name of defendant or defendants (the "payer")): Lazaroy Miller THE COURT FINDS 5. ()Ll 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 does not have a conservator af the estate. The claimant has given express consent to this order. Code section 512 and conservatee, or a pdrsan who lacks b. t)cmwl The claimant's consent to this order is not required because the claimant is a minor, a the capacity to consent to the order within the meaning of Probate Code section 612. Pass 1 f4 Form Adopled lor Mandalwr Uas ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Cade of Civ0 Pmcodure. 5 312: P rona le Code, U 3500, ST4Xn3013: Csl. Rules of Cnirc rules 3.1304, 1353 Aurmal Cowwil of Cadfamfa MCOSI (Rev. Jsnuwy I, 2021I OR DISPOSITION OF PROCEEDS OF JUDGMENT wow co erin nri.sov 'ssential FOR IIIIINOR OR PERSON WITH A DISABILITY ~m I 1n3Forms. Miller, Ola MC-351 CASE CASE RVMSER: NAMF'iller v. Miller BCV-18-102820 THE COURT ORDERS is 6. The petition is granted and the proposed compromise or settlement, or the proposed disposition of the praceeds of ihe judgment. approved. The gross amount or value of the settlement or judgment in favor of claimant $ is: none 7. M Until further order of the court, jurisdiction is reserved to determine a toclaim for a reduction of a Medi-Cal lien under Welfare and institutions Code section 14124.76. The amount shown payabfe the Depariment of Health Care Services item Ba(4) in of this order is the full amount of the lien claimed by the department but is subject to reduclion on further order of the court upon determination of the claim for reduction. 8. The payer must disburse the proceeds of the settlement ar judgment approved by this order in the following manner. a. Payment of fees and expenses Fees and expenses shall be paid by one ar more checks or drafts drawn payable to the order of the petitioner and the petitioners attorney, if any, or direcgy 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) ~ Attorney's fees in the total amount of: $ payabie to (speciyy)r (2) ~ Reimbursement for medical and ag other expenses paid by the petitioner or the petitioner's shomey 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 (nsme): (i) address: (ii) Amount: $ (b) Payee (name)r (i) address (ii) Amount: $ ~ Continued on Attachment Ba(3). (Pmvlde information about sddilionsl payess in lhe above faunal.) (4) ~ Other authorize disbursements payable directly to third parties in the total amount of: $ (Descrihe snd state lhe amounl of each item and provide the name snd address of each payeejr Cl Continued on Attachment Ba(4). (5) ~ Total allowance for fees and expenses from the setgement or judgment: Mc-221 iROO. JOOOPP 1. 202u ORDER APPROVING COMPROMISE OF CLAIM OR ACTION ROE 4 2 Of 4 ( +' goporms. Essential OR DISPOSITION OF PROCEEDS OF JUDGMENT ~M j FOR MINOR OR PERSON WITH A DISABILITY Miller, Ola NIC-351 CASE NAME: CASE NUMBER'CV-18-102820 Miller v. Miller 8. b. Balance for claimant The balance of the settlement or judgment available for claimant affer payment of all allowed fees and expenses is: The balance shall be disbursed as follows: (I) C3 By one ormore checks ordrafts in the total amount of(specify)J 3 drawn payable to the order ot'he petitioner in the pstigoners representative capacity. Each check or drsff 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 petitioners representative capacity. No withdrawals may be made from these accounts (" blocked accounts") except as provided in ihe Order Io Deposit Funds in BIocked Account (form MC-355) signed at the same time as this order. (2) ~ By the following method(s) (describe each method, including the emounf Io be disbursed by each): C3 Continued on Attachment Bb(2). (3) ~ money is to be paid to a special needs trust under Probate Code section 3604, ag statutory liens in favor of the state If Department of Health Care Services, the state DepaAment 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 Bb(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 Bb(1): attorney, ifany, must a. Within 48 hours of receipt of a check or draff described in item Bb(1), the petitioner and the petitioners or draft the name of petitioner in the petitioner's representative capacity in one or more blocked accounts at deposit the check in (specify name, branch, end address of each depository, and Ihe amount of each account)J ~ Continued on Attachment Qa. p 3 aalu ORDER APPROVING COMPROMISE OF CLAIIIII OR ACTION ~ M cosa iRnu. January l. 2021i I Essential OR DISPOSITION OF PROCEEDS OF JUDGMENT IQAFwms FOR MINOR OR PERSON WITH A DISABILITY Miller, 018 MC-351 CASE NAME: CASE NUMBER: Miller v. Miller BCU- I g-102820 'the 9. b. The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of 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 o(Order and Funds for 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 petitioners 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 underltein8b(1) maybe withdrawn only as follows (check (f) or(2)jr (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)i No withdrawals of principal or interest may be made from the blocked account or accounts wiihout a further written order under this case name and number, signed by a judicial oflicer, 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, sll funds, including interest, deposited under this order. Tha money on deposit is not subject to escheat. 10. C3 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 tha 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. terms of b. Q3 The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry ovt the the settlement. c. ~ The petitioner is authorized and directed to (specify)i ~ Continued on ANachment 10c. 11. Bond is ~ ordered and fixed in the amount of. $ Q3 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)r The Court incorporates into this Order Approving Compromise of Claim or Action of Disposition of Proceeds o Agreement and Mutual General Releai Judgment for a Minor or Person with a Disability the attached Settlement as though set forth in its entirety. C3 Continued on Attachment 13. Date: JUDICIAL OFFICER ~ SIGNATURE FOLLOWS lAST ATTACHMENT Feg 4 f4 ORDER APPROVING CONIPROIIISE OF CLAIM OR ACTION ~ MCOEI lgeu. Jeeuee I, gog it Essential QQE fFJfonns. OR DISPOSITION OF PROCEEDS OF JUDGNIENT FOR MINOR OR PERSON WITH A DISABILITYMijler, Ola I I SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE Lazaroy Millerr Craig Miller, and Ola Miller as represented by Craig Miller, (hcrcafier, collectively refen'ed to as "Parties" ) make and enter into THIS SETTLEMENT AGREEMENT AND MVTVAL GENERAL RELEASE (" Settlement Aereement") as of November 3, 2023. RECITALS Without admitting 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. (hereafter, uTrust.o) The terni "Trust" shall reier to the trust created by this declaration as modified by all subsequent amendments. 2. On the same date, Ola Miller transferred real property to the Tmst. 3. On February 21, 2003, Ola Miller executed the lirst amendment to the Trust. 4. On July 15, 2018, Ola Miller executed the second amendment to the 'frust. (hereaficr, u2018 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, Oia Miller executed a series of Grant Deeds and Quitclaim Deeds transferring real property from the Trust to Lazaroy Miller. 6. On November 9, 2018, Ola Miller fded a complaint against Lazaroy Miller seeking the return of all real properties. That complaint was issued Kem County Superior Court case number BCV-18-102820. AGREEMENT ln consideration of the Recitals above and the mutiial covenants set forth herein, the parties agree as follows: 1. The parties stipulate that the Recitals above are tnie 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 party. 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 utrusteesu of the Trust O Coleman Horowlit, LLP. April 15, 2022. E: Xcm Conner superior coun co cc uuurbcr a co-I II-la2ala [This agrccmom has been modified from iis template form prior io execution.] Miller v. Miller Sculomcot shel) refer to Rene Wafford and Craig Miller as cotrustees. The parties to this agreement acknowledge that this stipulation only applies to disputes between the parties to this agreement. 5. 833 Hacienda. This agreement incorporates the legal description of the "realty" by reierence to Kern County Official Records document 0203172676 recorded on August 19, 2003. Per Kern County Tax Assessor records, the "realty," as defined in this paragraph, is also correctly identihed by APN 170-240-34-5. The realty shall be transferred to the nxtstees 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 the legal description of the "realty" by inference 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 transfened to the trustees of the Trust until the death of Ola Miller and then transferred as follows: to Kevin Miller. 8. 335 Clifton. This agreement incorporates the legal description of the "realty" by reference to Kern County Official Records document 0202199625 recorded on November 26, 2002. Per Kern County Tax Assessor records, the "realty," as dehned in this paragraph, is also correctly identified by APN 018-420-19-0. The realty shall be transferred to the trustees of the Trust until the death of Ola Miller and then transferred as follows: to Rene Wafford 9. 1300 Murdoch. This agreement incorporates the legal description of the "realty" by reference to Kern County Official Records document 0203177589 recorded on November 2, 2002. per Kem County Tax Assessor records, the nreafty,e as defined in this paragraph, is also correctly identified by APN 018-122-38-2. The realty shall be transfeired to the trustees of the Trust until the death of Ola Miller and then transferred as follows: to Craig Miller. 10. 2829 Cottonwood. This agreenient 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 nrealty,a as defmed in this paragraph, is also correctly identified by APN 170-280-07-7. The realty shall be 'he 2003 deed is not used I'or l010 Hacienda because it purporis to transfer both l0l0 Hacienda and 2B29 Cottonwood but includes only one legal description. Thus it creates ambiguity. Tbe 2013 deed transfers only Hacienda. 2 6 Coleman & Horowitt, LLP. April 13, 2022. Kcns cnanly sniwrinr cnwi case name r acv.is.t02S20 [This agreement has been modified liom its template term prior to execution.] Miller v. Miller Setttcmcnt transfened to the trustees ot'he Trust until the death of Ola Miller and then transferred as follows: I/2 to Kevin Miller and I/2 to Craig Mifler 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 identified collectively as "800 Bratlshawu by reference to Kern County Oflicial Records docummit 0202199623 recorded on November 26, 2002. Per Kern County Tax Assessor records, the urealty,u 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 transferred as follows: to Lazaroy Miller. 12. 313 and 313 1/2 Madison St. This agreement incorporates the 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 "malty," as defined in this paragraph, is also correctly identified by APN 168-183-14-3. The realty shall continue to be owned by Lazaroy Miller and all property taxes paid by him, Lazaroy Miller shall grant an easement for the use of 313 I/2 Madison Street, the terms of which shall be set forth in that separale recorded document. 13. Deeds. All deeds executed in conjunction with this agreement shall be held by Coleman & Horowitt until the Colei'ilali /k Horowitt receives an endorsed copy of the Request for Dismissal with Prejudice filed by Ola Miller. 14. Each of the parties 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 Settlenient Agreenient shall remain in full force and effect despite either paizy later learning new or conflicting 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 0 Coleman d. Horowltt, LLP. April 15, 200&. Xcni County Sup rior Court nice nuinbcr BCV-IS-102020 [This asreontent has been modified f'rom its template form prior to execution.] Miller u. Miller Sculcment 19. 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 ciaints are later discovered based upon the underlying facts. 0/ith respect to this paragraph, patties inc! ude 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. Parties further acknowledge that this 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 party hereto, or anyone acting on behalf of such party, and that there are no representations or promises which are not expressly sct forth herein. 21. Each party asserts that 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 uncertainty to exist. 23. This Settlement Agreement shall bind the pmdies 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 party 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 Agreentent according to Code of Civil Procedure section 664.6, subdivision (a). IN WITNESS I IEREOF, the parties hereto Irave executed this Settlement Agreement as of the Date above written. By: ~~CKEXXSLh By: Craig MitlervXan individual Lazar~ilier, Qn)ndivictstal By: Ola Millergigned by Craig Miller, her guardian ad litem 4 O Coleman & Horowitt, LLP. April IS. 2022. em Ceeeu Seperfer Coen cess IIUI11bef acv.lsoessse I [This agreement has been modified from its templare foms prior to execution.] Miller v. Miller Seuleereat pc+ This Settiemcnt Agreement has been reviewed and approved as lo form and content by thc following: ff 3 an~W Seth 6ddlt, Esq. Swenson Odeii APC iil~Z. bdZ~ farci R. Clemence, Esq. Coleman k Horowitt, LLP 5 Ct Coleman 8. Horowitt, LLP. April l5, 2022. Kcur Ccumr Suncricr Coun ccrc cumber OCV-t8-102880 [This agreement has been modified from its template form prior to cxccution.] Miller v. Miller Sealement