Preview
Amy Carlson (SBN 213294)
CARBONE, SMITH & KOYAMA
1735 Technology Drive, Suite 500
San Jose, CA 95110-1390
Telephone: (408) 392-8654
Facsimile: (408) 983-0780
ATTORNEYS FOR DEFENDANT
BROOKE SILVERMAN
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
UNLIMITED CIVIL JURISDICTION
10 MELYNNIE ANNE RIZVI, Case No. 18CV325630
11
Plaintiff, NOTICE OF MOTION AND MOTION
12 TAX COSTS OF PLAINTIFF
Vv.
MELYNNIE ANNE RIZVI;
13 MEMORANDUM OF POINTS AND
AUTHORITIES AND SUPPORTING
BROOKE ELIZABETH SILVERMAN, DECLARATION
14
Does | to 10,
15
Defendants. Date: February 24, 2020
16 Time: 10:00 a.m.
1, Department: 3
18
19 TO PLAINTIFF MELYNNIE ANNE RIZVI AND TO HER ATTORNEY OF RECORD:
20 NOTICE IS HEREBY GIVEN that, on February 24, 2020, at 10:00 a.m., or as soon
21 thereafter as the matter can be heard, in Department 3 of the above-entitled court, located at
22 191 North First Street, San Jose, California, defendant BROOKE ELIZABETH
23 SILVERMAN will move the court for an order under Rule 870(b)(1) of the California Rules
24 of Court taxing costs in the amount of $3,152.19 as outlined in plaintiff's memorandum of
25 costs. Specifically: Item 4- Deposition costs of all experts and Item 8- Witness fees. Said
26 costs were incurred after defendant’s Offer to Compromise was made pursuant to Code of
27 Civil Procedure section 998 and/or are not allowable under Code of Civil Procedure section
28 1033.5.
s
NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI;
MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION
This motion will be made on the grounds that: 1) plaintiff failed to obtain a more
favorable judgment than that offered by defendant in their written Offer to Compromise
dated October 22, 2018, and therefore, the court should exercise its discretion pursuant to
Code of Civil Procedure section 998(c)(1) barring all postoffer costs, and; 2) plaintiffs costs
should be taxed as non-allowable costs under Code of Civil Procedure section 1033.5.
This motion will be based on this notice of motion, the accompanying memorandum
of points and authorities, the attached declaration of Amy Carlson, the papers and records
filed herein and on such other oral and documentary evidence as may be presented at the
hearing of this motion.
10
11 DATED: January 16, 2020 CARBONE, SMITH, & KOYAMA
12
13
14 Amy Carlson
15 Attorneys for Defendant
Brooke Elizabeth Silverman
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI;
MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION
-2-
MEMORANDUM OF POINTS AND AUTHORITIES
A JUDGMENT
Pursuant to the jury’s verdict, judgment in the amount of $24,103.00 was entered in
favor of plaintiff Melynnie Rizvi and against defendant on December 17, 2019. On January
2, 2020, Plaintiff served a Memorandum of Costs totaling $3,795.20. Of the foregoing
amounts, plaintiff claims $2877.19 (Deposition Costs) under Item 4 and $275.00 under Item
8 (Witness fees) totaling $3,152.19.
A motion to tax a memorandum of costs may be served and filed 15 days after the
10 memorandum was served, or, if the memorandum was served by mail, within the extended
11 time authorized by Section 1013 of the Code of Civil Procedure (California Rules of Court,
12 Rule 870(b)(1)).
13 The above items from plaintiff's memorandum of costs should be taxed for the
14 following reasons:
15 B. PLAINTIFF’S POSTOFFER COSTS SHOULD BE TAXED
16 On October 22, 2018, defendant served an Offer to Compromise pursuant to Code of
17 Civil Procedure section 998 on plaintiff offering $25,000.00 to resolve this action. (See
18 did not accept this offer. On August 22, 2018, plaintiff
attached Exhibit “A.”) Plaintiff
19 served defendant an Offer to Compromise in the amount of $100,000.00. (See attached
20 Exhibit “B.”) Defendant did not accept this offer to compromise. On December 17, 2019,
21 trial concluded in this matter and the jury awarded plaintiff the sum of $24,103.00 in total
22 damages, /ess than defendant Offer to Compromise. (See attached Exhibit “C.”).
23 Code of Civil Procedure section 998(c)(1) states:
24 If an offer made by a defendant is not accepted and the plaintiff fails to obtain
a more favorable judgment or award, the plaintiff shall not recover his or her
25 ostoffer costs and shall pay the defendant's costs from the time of the offer.
n addition ... the court or arbitrator, in its discretion, may require the
26 plaintiff to pay reasonable sum to cover costs of services of expert witnesses,
who are not regular employees of any party, actually incurred and reasonabl
27. necessary in either, or both, preparation for trial or arbitration, or during tria
or arbitration, of the case by the defendant.
28
NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI;
MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION
oe
1 In referring to Code of Civil Procedure §998, the court in Brown v. Nolan (1979) 98
Cal.App.3d 445, 159 Cal.Rptr. 469, 470, stated:
The purpose of this section is to encourage the settlement of litigation without
trial. (Citations omitted.) Its effect is to punish the plaintiff
who fails to
accept a reasonable offer from a defendant.
The award of the jury in this case was less than the offer made by defendant pursuant
to Code of Civil Procedure §998. Therefore, plaintiffis not entitled to costs ftom the time of
the offer, i.e., October 22, 2018, or, at the court's discretion from the date the complaint was
filed.
As articulated in Brown, the purpose and intent of Section 998 is to encourage
10 settlements and discourage trials when reasonable offers are made---proceeding with trials
11 that result in a lesser award. With that purpose in mind, defendant submit that plaintiff is not
12 entitled to costs in the amount of $$3,152.19. Plaintiff, by failing to accept the offer to
13 compromise, is responsible for her unreasonableness. Therefore, it is incumbent upon the
14 court to enforce the purpose and intent of Code of Civil Procedure §998.
15 In this case, the verdict in favor of plaintiff
was less than the Offer to Compromise
16 made by defendant on October 22, 2018. Therefore all costs incurred after October 22,
17 2018, should be taxed.
18 On January 2, 2020, plaintiff filed her Memorandum of Costs. (See attached Exhibit
19 “D”). Plaintiff's memorandum of costs includes $2877.19 (Item 4) for Deposition costs.
20 These depositions were taken well after plaintiff rejected defendant’s Offer to Compromise.
21 Plaintiff's memorandum of costs includes $275.00 (Item 8) for Witness fees. These
22 fees were incurred after plaintiff rejected defendant’s Offer to Compromise and should be
23 taxed.
24 It is respectfully requested that based on the foregoing, plaintiffs postoffer costs of
22 $3,152.19 should be taxed.
26 Cc CONCLUSION
27 For the foregoing reasons, it is respectfully requested that plaintiff Melynnie Anne
28
NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI1;
MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION
Ae
Rizvi’s Memorandum of Costs be taxed in the amount of $3,152.19 leaving $643.01 as her
allowable costs.
DATED: January 16, 2020 CARBONE, SMITH, & KOYAMA
LE D0
(Angee
my Catlsort
torneys for Defendant
Brooke Elizabeth Silverman
DECLARATION OF AMY CARLSON
10
I, AMY CARLSON, declare and state as follows:
11
1 I am an attorney licensed to practice before all courts of the State of California
12
and am a member of thpe law firm of Carbone, Smith, & Koyama, attorneys of record for
13
defendant Brooke Elizabeth Silverman in the within action. I have personal knowledge of
14
the matters stated in this declaration and if called as a witness, I could and would testify
15
competently thereto.
16
2 On October 22, 2018, fourteen months prior to the trial in this matter, I served
V7
an Offer to Compromise under Code of Civil Procedure section 998 on plaintiff Melynnie
18
Anne Rizvi, in the amount of $25,000.00. (See attached Exhibit “A.”). That offer was not
19
accepted and expired under the terms of the statute. No amount was thereafter offered on the
20
injury claim of Melynnie Anne Rizvi.
21
3 On August 22, 2018, plaintiff Melynnie Anne Rizvi served an Offer to
22
Compromise under Code of Civil Procedure section 998 on defendant Brooke Elizabeth
23
Silverman in the amount of $100,000.00. (See attached Exhibit “B.”). That offer was not
24
accepted and expired under the terms of the statute.
ZS
4 On December 17, 2019, the jury’s award of $24,103.00 was /ess than the Offer
26
to Compromise served by defendant on October 22, 2018. (See attached Exhibit “C.”)
27
28
NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI;
MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION
ne
5 On January 2, 2020, plaintiff filed her Memorandum of Costs in the amount of
$3,795.20. Of that amount only $643.01 should be allowable costs to plaintiff. (See
attached Exhibit “D.”).
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and this declaration was executed on January 16, 2020, in San
Jose, California.
ti AMY CARLSON
10
11
12
13
14
15
16
LZ
18
19
20
21
22
23
24
25
26
27
28
NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI;
MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION
a
Rizvi v. Silverman
Santa Clara County Superior Court
Case No. 18CV325630
PROOF OF ELECTRONIC SERVICE
I, Danielle A. Arena, am employed by the office of Carbone, Smith & Koyama at
1735 Technology Drive, Suite 500, San Jose, CA 95110-1390. I am over the age of 18 years
and am not a party to this action.
My electronic service address is: Danielle.Arena@csaa.com.
I served the accompanying NOTICE OF MOTION AND MOTION TO TAX
COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS
10
AND AUTHORITIES AND SUPPORTING DECLARATION on the date below by
11
electronically transmitting the document(s) to the addressee(s) at the following email
12
address(es):
Is
14 Ara Jabagchourian, Esq.
Attorney for Plaintiff
15 ara@arajlaw.com
16
I declare under penalty of perjury under the laws of the State of California that the
17
foregoing is true and correct.
18
19
lu (fh
20 Dated: January 16, 2020
21
A) yuu
22 Danielle A. Arena
238
24
25
26
27
28
NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI;
MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION
ye
EXHIBIT A
Am Carlson
State Bar No. 213294
CARBONE, SMOKE, SMITH,
ENT FEQNARD
\TTORNEYS AT LAW
1735 TECHNOLOGY Drive, SutTe 500
‘SAN JOSE, CA 95110-1390
(408) 392-8654
ATTORNEYS FOR DEFENDANT
BROOKE SILVERMAN
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
UNLIMITED CIVIL JURISDICTION
10 MELYNNIE ANNE RIZVI, Case No. 18CV325630
il Plaintiff, OFFER TO COMPROMISE [CODE CIV.
PROC. § 998]
12 ¥,
13 BROOKE ELIZABETH SILVERMAN,
Does | to 10,
14
Defendants.
15
16
17 TO PLAINTIFF MELYNNIE RIZVI:
18 Pursuant to section 998 of the California Code of Civil Procedure, in exchange for a
19 general release of all claims and a dismissal of the action against this defendant with
20 prejudice, defendant Brooke Silverman offers to pay plaintiff MELYNNIE RIZVI the sum
21 of $25,000.00 (Twenty-Five Thousand Dollars and No Cents), each party to bear its own
22 costs and attorney’s fees, and according to the additional terms and conditions as follows.
23 The settlement is inclusive of all liens, including but not limited to claims for
24 reimbursement by Medicare or any other medical provider.
25 Mi
26 Mt
27 I
28 Mt
OFFER TO COMPROMISE [CODE CIV. PROC. § 998]
1 This offer shall be accepted by dating and signing a copy of this offer and returning it
2] to the attorney for the defendant prior to trial or within thirty (30) days after the offer is
3 made, whichever occurs first, or else the offer will be withdrawn.
4
5 DATED: October 19, 2018 CARBONE, SMOKE, SMITH, BENT & LEONARD
vy Ison
Attorneys for Defendant
Brooke Silverman
10
11
12
I accept the offer to compromise.
13
DATED:
14
is
16
17
MELYNNIE RIZVI
18
19
20
21
22
23
24
25
26
27
28
OFFER TO COMPROMISE [CODE CIV. PROC. § 998)
Rizvi v. Silverman
Santa Clara County Superior Court
Case No. 18CV325630
PROOF OF SERVICE BY MAIL
1, Kerry R. Bustamante, am employed by the office of Carbone, Smoke, Smith, Bent
& Leonard in 1735 Technology Drive, Suite 500, San Jose, CA 95110-1390. I am over the
age of 18 years and am not a party to this action.
I am readily familiar with my employer's business practice for collection and
processing of correspondence for mailing with the United States Postal Service.
Correspondence so collected and processed is deposited with the United States Postal
10
Service the same day it is placed for collection in the ordinary course of business. I served
11
the accompanying OFFER TO COMPROMISE [CODE CIV. PROC. § 998] by placing the
12
document(s) for collection and mailing on the date below, following ordinary business
13
practices at the above business address of my employer, in a sealed envelope or envelopes,
14
with postage fully paid, and addressed to:
15
Melynnie Anne Rizvi
16 18 Highlands Court
Belmont, CA 94002
17 Plaintiff In Propria Persona
18
19
I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct.
21
Dated: October 22, 2018
22
23
x Ketry R. Bustamante
24
25
26
27
28
pDAAE AL CED VICE
READ BEFORE SIGNING
In signing the following Release of All Claims, you are giving up all your rights and claims resulting
from
the accident, casualty, or event referred to in the Release, which you may not even know
or suspect to
exist and which if known by you would have materially affected your settlement.
| acknowledge that | have read and understood the above Notice.
Date Melynnie Anne Rizvi
RELEASE OF ALL CLAIMS
To be executed by Melynnie Anne Rizvi:
The undersigned does hereby accept the amount of $25,000.00, to be paid by check payable
to Melynnie Anne Rizvi, in full compromise settlement and satisfaction of, and as sole consideration
for, the final release and discharge of all actions, claims and demands whatsoever, that now exist, or
may hereafter accrue against Brooke Silverman and any other person, corporation, association or
partnership responsible in any manner or degree for injuries to the person and property of the
undersigned, and the treatment thereof, and the consequences flowing therefrom, as a result of an
accident, casualty or event which occurred on or about the 30th day of March, 2016 at or near US-101
Northbound or 500 Feet North of San Antonio Road, Palo Alto, California and for which the
undersigned claims the above named persons or parties are legally liable in damages.
The undersigned agrees, as a further consideration and inducement for this compromise
settlement, that it shall apply to all unknown and unanticipated injuries and damages resulting from
said accident, casualty or event, as well as to those now disclosed. The undersigned hereby
expressly waives the provisions of Section 1542 of the Civil Code of the State of California which
reads 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.
The undersigned agrees to abandon and dismiss with prejudice all causes of action arising out
of said event, including Action No. 18CV325630 in the Santa Clara County Superior Court and to
authorize ***Attorney*** to execute a request for dismissal with prejudice of said action. The dismissal
with prejudice of any such complaint or cross-complaint shall not operate as a retraxit by the parties
released herein. This release shall not destroy or otherwise affect the rights of persons on whose
behalf this payment is made or persons who may claim to be damaged by reason of injury to or
damage sustained by persons on whose behalf the above payment is made because of the accident,
incident or event or preclude such persons from pursuing any legal remedies.
The amount of this settlement is a compromise settlement of a doubtful and disputed claim for
all damages arising out of the accident, incident or event referred to above. This settlement is not to
be considered as an admission of any responsibility whatsoever, in whole or in part, for said accident,
incident or event by the parties released, their agents or representatives.
RELEASE OF ALL CLAIMS
Page 1 of 4
The undersigned hereby represents and warrants as follows:
(a) No promise or inducement has been offered except as herein set forth.
(b) This release is executed without reliance upon any statement or representation by the
person or parties released, their representatives, or physicians concerning the nature and
extent of the injuries and consequential damages, if any, and of legal liability therefore, if any.
(c) The undersigned is of legal age, legally competent to execute this release and accepts full
responsibility therefore.
(d) Said accident, incident or event did not arise out of and in the course of any employment of
the undersigned.
(e) The undersigned has not made claim a workers compensation claim by reason of said
injuries.
(f) No governmental agency, insurance company or other entity, public or private (including
but not limited to Medi-Cal under Welfare and Institutions Code, Sections 14124.70 et seq. or
the United States Government under Public Law 87-693) has a claim and/or lien for
hospitalization and/or medical treatment and/or payment of medical expenses by reason of
said injuries. If any such lien exists, the undersigned agrees to compromise and settle or
otherwise satisfy said lien out of the proceeds of the settlement and provide the parties
released with a release of lien.
(g) The undersigned has provided the released parties and their insurer(s) all information the
undersigned knows about any and all Medicare rights to recovery as of the date this document
is executed.
(h) No part of the claim herein released has been assigned to any person or entity.
The undersigned agrees to reimburse, indemnify and hold harmless each of the persons,
firms, and corporations released herein and their insurer(s), including their agents and assigns, with
respect to all known and unknown Medicare rights to recovery related to the subject accident referred
to above for which the Federal government may seek repayment, as well as any fine or penalty the
Federal government may seek resulting from the insufficiency and/or inaccuracy of the information the
undersigned has provided to the parties released and their insurer(s) regarding Medicare rights to
recovery known as of this date.
The undersigned further agrees to indemnify and defend the parties released, their insurance
carriers, and their attorneys of record from any claims for workers compensation, medical, attorney,
governmental or other lien arising out of said March 30, 2016 accident which relate to claims, injuries,
or the settlement sum set forth above in this release. The undersigned further agrees to defend, hold
harmless and fully indemnify the party or parties herein released, including their attorneys and
insurance carriers from any loss incurred directly or indirectly by reason of the falsity or inaccuracy of
any one or more of the representations or warranties made herein.
The undersigned hereby names, designates and appoints as her authorized agent
“*Attorney***, to accept delivery of the said consideration for this release on behalf of the
undersigned and said party or parties herein released are hereby authorized to deliver said
consideration to said authorized agent.
RELEASE OF ALL CLAIMS
Page 2 of 4
For your protection California law requires the following to appear on this form:
ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE
PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND
CONFINEMENT IN STATE PRISON. (California Insurance Code Section 1871 .2)
Signed at : this day
STATE
of +
WONTH YEAR
IMPORTANT—READ ALL PAGES--BEFORE SIGNING
Melynnie Anne Rizvi
RELEASE OF ALL CLAIMS
Page 3 of 4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF. )
On before me,
Date Name and Title of Officer (@.g., Jane Doe, Notary Public)
personally appeared Melynnie Anne Rizvi .
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
| certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
RELEASE OF ALL CLAIMS
Page 4 of 4
EXHIBIT B
ATTORNEY OR PARTY WITHOUT ATTORNEY Name, State Bar number, and CiV-090
address). FOR COURT
USE ONLY
Melynnie Anne Rizvi
18 Highlands Court
Belmont, California
94002
TELEPHONE No: 650-226-3730 FAX NO. (Optionay:
E-MAIL ADDRESS (Optiona): élynn se@ramcest net
ATTORN FOR EY
(Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY
LION. First Stree penta Care
OF
‘STREET ADDRESS:
MAILING ADORESS: :
CITY AND ZIP CODE: San Dose, CA ASN O
BRANCH NAMI
PLAINTIFF: > Melynnie Armie Rizve
DEFENDANT,
Brooke Ebiebetin Silveemen
OFFER TO COMPROMISE AND (CASE NUMBER;
(7) acceptan ICE UNDER CODE OF CIVIL PROCEDURE SECTION
998
IBCV 325 &3O
Note: This form is designed to be used
onl ly in civil
offer and acceptance Ii involves a money judgment. actions involv! ‘Ing a single plaintiff and a single defendant, where the
accompanied by a judgment prepared for the court'sThe court will I flle this offer to compromise and the acceptance only if
signature and entry of judgment.
OFFER TO COMPROMISE
1. Plaintif (name): Melunnig A ne Rive offers to have judgment entered under Code
Of Civil Procedure section 998 in favor of t! he plaintiff
and against (name of the defendant):
2.
8 coke Chzabeth
The judgment is to be (check and complete a or
Glvermaa
b)
@. [7] inthe amount of $ 100,009
(1) Each party shall bear its own costs and fees.
a2 including costs under Code of Civil Procedure section
1032 and attorney's fees.
@® Plus costs under Code of Civil Procedure section 1032.
® C9 Plus costs under Code of Civil Procedure Section 1032
and attorney's fees in the amountof $
6) Plus costs under Code of Civil Proced
section ure
1032 and a ittorney's fees allowed by law as determined by the
court,
88 follows (describe the terms and conditions of
the judgment):
1) Continued in attachment 2b.
PH AVQUST 29,2.01%
(NAM
OF EPARTY
7 1
OR ATTORNEY FOR PARTY MAKING OFFER)
7
( 7 PARTY OFFER)
ACCEPTANCE OF OFFER
3. Defendant (name):
judgment stated in items 1 and 2 above. hereby accepts the offer for the
Date:
(NAME OF PARTY OR ATTORNEY FOR PARTY ACCEPTING OFFER) »
(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY ACCEPTING OFFER)
"ioe Sosa tain
‘CIV.090
[New January 1, 2008) OFFER TO COMPROMISE AND ACCEPTANCE Page tof 1
‘Cade of Givi Procedure, § S98
UNDER CODE OF CIVIL PROCEDURE SECTION 998 'co.gov
EXHIBIT C
ARA JABAGCHOURIAN (SBN 205777)
LA’ OFFICES OF ARA JABAGCHOURIAN, P.C.
1650 S. Amphlett Boi ulevard, Suite 216
San Mateo, CA 94402
Telephone: (650) 437-6840
Facsimile: (650) 403-0909
Altorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
10
MELYNNIE ANNE RIZVI, CASE NO. 18CV325630
11
Plaintiff,
12
NOTICE OF ENTRY OF JUDGMENT
¥.
13
BROOKE ELIZABETH SILVERMAN
14
Defendant.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE OF ENTRY OF JUDGMENT
TO ALL PARTIES AND TO THEIR ATTORNEYS
OF RECORD:
PLEASE TAKE NOTICE that judgment was entered in this
matter on December 17,
2019 by the Honorable Patricia M. Lucas in Department 3.
A true and correct of the judgment is
attached hereto as Exhibit A.
Dated: December 20, 2019 LAW OFFICES OF ARA JABAGCHOURIAN, P.C.
By:
ARA JABAGCHOURIAN
10
Attorneys for Plaintiff
1]
12
13
14
15
16
17
18
19
20
21
23
24
25
26
27
28
NOTICE OF ENTRY OF JUDGMENT
EXHIBIT A
————*
FILED
DEC 17 2019
SUPERIOR COURT OF THE STATE OF CAL
IFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
10
MELYNNIE RIZVI, CASENO.
11 18CV325630
Plaintiff,
12
JUDGMENT ON SPECIAL VERDICT
Vv.
13
BROOKE SILVERMAN pee Honorable Patricia M. Lucas
14
Defendant.
15
16
This action came on regularly for trial on December
9, 2019 before the Honorable
17
Patricia M. Lucas in Department 3 in the Siperior Court of the State
18 of California. Ara
Jabagchourian appeared with and for Plaintiff Melyn
nie Rizvi, and Amy Carlson of Carbone,
19
Smith & Koyama appeared with and for Defendant
Brooke Silverman.
20
Ajury of twelve (12) pers was on
regula
srly impaneled and sworn. Witnesses were sworn
21
and testified. After hearing the evidence and argum
ents of counsel and being duly instructed by
22
the court, the jury deliberated and, on Dece
mber 16, 2019, returned its special verdict, a copy
of
Which is attached hereto as Exhibit A (presiding juror’
s name redacted),
24
It appearing by reason of said special verdict that
Plaintiff is entitled to judgment against
Defendant:
NOW, THEREFORE, IT IS ORDERED, ADJUDGED
, AND DECREED that Plaintiff
27
have and recover from Defendant the sum of $24,1
03.00, together with interest thereon at the
28
1 tate of fen pervent (10%) per annum from the
date of the entry of this judgment unt paid,
2 together with costs and disbursements in the
amount of $
3
4 Dated: December 17,2019, en OY
Honorable Patricia M. Lucas cn
5 Judge of the Superior Court
6
10
1]
12
13
14
15
16
17
18
19
20
21
24
25
27
28
ae
FILEH
DEC 18 2019
of
Gara
SUPERIOR COURT OF THE STAT
E OF CALIFORNIAN. Mata
IN AND FOR
utia
THE nar OF SANTA CLARA
CASE NO. 18CV325630
Plaintiff,
10
V. SPECIAL VERDICT FORM
11
BROOKE ELIZABETH SILV pie: Honorable Patricia
12 ERMAN, M. Lucas
13 Defendant.
14
We, the jury in the above-
entitled action, find the foll
15 lowing special verdict on
questions submitted to us: the
16
1 Was defendant BROOKE
SILVERMAN’s negligence a
17 substantial factor in
Causing harm to plaintiff. MELY
NNIE RIZVI?
18
19
—X_YES NO
If you answered “YES” to questi
on 1, then answer question
20 2, If you answered “NO”,
answer no further questions > Stop here,
, and have the Presiding
juror sign and date this form.
21
22
What are MELYNNIE RIZVI’
's total damages?
Past Economic Loss
Medical Expenses: $ 4103
25
26
Future Economic Loss
27
Medica! Expenses: $_o
28
Exh bia
Past Noneconomic Loss,
including physical pain, mental
suffering, loss of
enjoyment of life, physical impairmen
t, inconvenience, grief, anxiety, and
emotional distress; § Zopoo
Future Noneconomic Loss,
including physical pain, men
tal suffering, loss of
enjoyment of life, physical impairment, inconvenience,
grief, anxiety, and
emotional distress; § °
TOTAL: $_ 2403
10
11
12 Signed, yet”
Juror
13
14
Dated: December if, 2019
15
16
After this verdform
icthas been signed, notify the
bailiff that you are ready to pre
17 your verdict in the courtroom. sent
18
19
20
21
25
27
28
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA FILED
Date: _/ 2 -/7-
PLAINTIFF; ¥ Rebecca J. Fl
MELYNNIE RIZVI f Executive Officer Clerk
fof CA County of Santa Clara
DEFENDANT: By:
Naomi Matautia, Deputy
BROOKE SILVERMAN
PROOF OF SERVICE BY MAIL OF:
Case Number:
JUDGMENT ON SPECIAL VERDICT
18CV325630
CLERK’S CERTIFICATE OF SERVICE:
this document was mailed first class, p I certify that I am not a party to this case and
that atrue copy of
the document was mailed at SAN JOSE fully prepaid, in a sealed envelope addressed
, C. ALIFORNIA on: December 17, 2019 as shown below and
Chief Executive Officer/Clerk
Naomi Matautia
Ara Jabagchourian,
LAW OFFICES OF ARA JABAGCHOU
RIAN
16508, Amphlett Boulevard, Suite 216
San Mateo, CA 94402
Amy Carlson, Esq.
LAW OFFICES OF CARBONE, SMI
TH & KOYAMA
1735 Technology D rive, Suite 500
San Jose, CA 95110-1390
Proof of service
Clerk's Certificate of Service
PROOF
S E OF E
SERVICE
I am employed in the State of Californi ia, County of San Mateo; J am
over the age of 18
years and not a Party to the within cause. My business address
is the Law Offices Ara
Jabagchourian, P.C. 1650 S. Amphlett Boulevard, Suite 216, San
Mateo, California, 94402 and
electronic servi ice address is ara@arajlaw.com. On this day, I served the
following document(s)
in the manner described below in the ordinary course of
bus iness:
NOTICE OF ENTRY OF JUDGMENT
Xx VIA E-MAIL: Iam readily familiar with this firm’s
practice for causing documents to be
served by electronic mail. Followin; g that practice,
I caused the aforementioned
document(s) to be delivered via ele tronic mail
10 to the addressee(s) specified below in the
ordinary course of business.
11
12 Via E-Mail
ATTORNEY FOR DEFENDANT:
Amy Carlson
13
BROOKE ELIZABETH SILVERMAN
Carbone, Smith & Koyama
1735 Technology Drive, Suite 500
14 San Jose, CA 95110-1390
15 Tel: (408) 392-8654
Email: Amy.Carlson@csaa.com
16
I declare under penalty of perjury, under the
17 laws of the State of California, that the
foregoing is true and correct. Executed
at San Mateo, Cali ja, on December 20, 2019.
18
19 ra Jabagchourian
20
21
22
23
24
25
26
27
Law Office of
Ara PROOF OF SERVICE
Jabagchourian
EXHIBIT D
-
JATTORNEY OR PARTY WITHOUT ATTORNEY MC-010
STATE BAR NUMBER: 205777 FOR COURT
USE ONLY
NAME: Ara Jabagchourian
FIRM NAME: Law Offices of Ara Jabagchourian, P.C.
STREET ADDRESS: 1650 S. Amphlett Bivd., Suite
216
cry: San Mateo
Preview
Amy Carlson (SBN 213294) CARBONE, SMITH & KOYAMA 1735 Technology Drive, Suite 500 San Jose, CA 95110-1390 Telephone: (408) 392-8654 Facsimile: (408) 983-0780 ATTORNEYS FOR DEFENDANT BROOKE SILVERMAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA UNLIMITED CIVIL JURISDICTION 10 MELYNNIE ANNE RIZVI, Case No. 18CV325630 11 Plaintiff, NOTICE OF MOTION AND MOTION 12 TAX COSTS OF PLAINTIFF Vv. MELYNNIE ANNE RIZVI; 13 MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING BROOKE ELIZABETH SILVERMAN, DECLARATION 14 Does | to 10, 15 Defendants. Date: February 24, 2020 16 Time: 10:00 a.m. 1, Department: 3 18 19 TO PLAINTIFF MELYNNIE ANNE RIZVI AND TO HER ATTORNEY OF RECORD: 20 NOTICE IS HEREBY GIVEN that, on February 24, 2020, at 10:00 a.m., or as soon 21 thereafter as the matter can be heard, in Department 3 of the above-entitled court, located at 22 191 North First Street, San Jose, California, defendant BROOKE ELIZABETH 23 SILVERMAN will move the court for an order under Rule 870(b)(1) of the California Rules 24 of Court taxing costs in the amount of $3,152.19 as outlined in plaintiff's memorandum of 25 costs. Specifically: Item 4- Deposition costs of all experts and Item 8- Witness fees. Said 26 costs were incurred after defendant’s Offer to Compromise was made pursuant to Code of 27 Civil Procedure section 998 and/or are not allowable under Code of Civil Procedure section 28 1033.5. s NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION This motion will be made on the grounds that: 1) plaintiff failed to obtain a more favorable judgment than that offered by defendant in their written Offer to Compromise dated October 22, 2018, and therefore, the court should exercise its discretion pursuant to Code of Civil Procedure section 998(c)(1) barring all postoffer costs, and; 2) plaintiffs costs should be taxed as non-allowable costs under Code of Civil Procedure section 1033.5. This motion will be based on this notice of motion, the accompanying memorandum of points and authorities, the attached declaration of Amy Carlson, the papers and records filed herein and on such other oral and documentary evidence as may be presented at the hearing of this motion. 10 11 DATED: January 16, 2020 CARBONE, SMITH, & KOYAMA 12 13 14 Amy Carlson 15 Attorneys for Defendant Brooke Elizabeth Silverman 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION -2- MEMORANDUM OF POINTS AND AUTHORITIES A JUDGMENT Pursuant to the jury’s verdict, judgment in the amount of $24,103.00 was entered in favor of plaintiff Melynnie Rizvi and against defendant on December 17, 2019. On January 2, 2020, Plaintiff served a Memorandum of Costs totaling $3,795.20. Of the foregoing amounts, plaintiff claims $2877.19 (Deposition Costs) under Item 4 and $275.00 under Item 8 (Witness fees) totaling $3,152.19. A motion to tax a memorandum of costs may be served and filed 15 days after the 10 memorandum was served, or, if the memorandum was served by mail, within the extended 11 time authorized by Section 1013 of the Code of Civil Procedure (California Rules of Court, 12 Rule 870(b)(1)). 13 The above items from plaintiff's memorandum of costs should be taxed for the 14 following reasons: 15 B. PLAINTIFF’S POSTOFFER COSTS SHOULD BE TAXED 16 On October 22, 2018, defendant served an Offer to Compromise pursuant to Code of 17 Civil Procedure section 998 on plaintiff offering $25,000.00 to resolve this action. (See 18 did not accept this offer. On August 22, 2018, plaintiff attached Exhibit “A.”) Plaintiff 19 served defendant an Offer to Compromise in the amount of $100,000.00. (See attached 20 Exhibit “B.”) Defendant did not accept this offer to compromise. On December 17, 2019, 21 trial concluded in this matter and the jury awarded plaintiff the sum of $24,103.00 in total 22 damages, /ess than defendant Offer to Compromise. (See attached Exhibit “C.”). 23 Code of Civil Procedure section 998(c)(1) states: 24 If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her 25 ostoffer costs and shall pay the defendant's costs from the time of the offer. n addition ... the court or arbitrator, in its discretion, may require the 26 plaintiff to pay reasonable sum to cover costs of services of expert witnesses, who are not regular employees of any party, actually incurred and reasonabl 27. necessary in either, or both, preparation for trial or arbitration, or during tria or arbitration, of the case by the defendant. 28 NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION oe 1 In referring to Code of Civil Procedure §998, the court in Brown v. Nolan (1979) 98 Cal.App.3d 445, 159 Cal.Rptr. 469, 470, stated: The purpose of this section is to encourage the settlement of litigation without trial. (Citations omitted.) Its effect is to punish the plaintiff who fails to accept a reasonable offer from a defendant. The award of the jury in this case was less than the offer made by defendant pursuant to Code of Civil Procedure §998. Therefore, plaintiffis not entitled to costs ftom the time of the offer, i.e., October 22, 2018, or, at the court's discretion from the date the complaint was filed. As articulated in Brown, the purpose and intent of Section 998 is to encourage 10 settlements and discourage trials when reasonable offers are made---proceeding with trials 11 that result in a lesser award. With that purpose in mind, defendant submit that plaintiff is not 12 entitled to costs in the amount of $$3,152.19. Plaintiff, by failing to accept the offer to 13 compromise, is responsible for her unreasonableness. Therefore, it is incumbent upon the 14 court to enforce the purpose and intent of Code of Civil Procedure §998. 15 In this case, the verdict in favor of plaintiff was less than the Offer to Compromise 16 made by defendant on October 22, 2018. Therefore all costs incurred after October 22, 17 2018, should be taxed. 18 On January 2, 2020, plaintiff filed her Memorandum of Costs. (See attached Exhibit 19 “D”). Plaintiff's memorandum of costs includes $2877.19 (Item 4) for Deposition costs. 20 These depositions were taken well after plaintiff rejected defendant’s Offer to Compromise. 21 Plaintiff's memorandum of costs includes $275.00 (Item 8) for Witness fees. These 22 fees were incurred after plaintiff rejected defendant’s Offer to Compromise and should be 23 taxed. 24 It is respectfully requested that based on the foregoing, plaintiffs postoffer costs of 22 $3,152.19 should be taxed. 26 Cc CONCLUSION 27 For the foregoing reasons, it is respectfully requested that plaintiff Melynnie Anne 28 NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI1; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION Ae Rizvi’s Memorandum of Costs be taxed in the amount of $3,152.19 leaving $643.01 as her allowable costs. DATED: January 16, 2020 CARBONE, SMITH, & KOYAMA LE D0 (Angee my Catlsort torneys for Defendant Brooke Elizabeth Silverman DECLARATION OF AMY CARLSON 10 I, AMY CARLSON, declare and state as follows: 11 1 I am an attorney licensed to practice before all courts of the State of California 12 and am a member of thpe law firm of Carbone, Smith, & Koyama, attorneys of record for 13 defendant Brooke Elizabeth Silverman in the within action. I have personal knowledge of 14 the matters stated in this declaration and if called as a witness, I could and would testify 15 competently thereto. 16 2 On October 22, 2018, fourteen months prior to the trial in this matter, I served V7 an Offer to Compromise under Code of Civil Procedure section 998 on plaintiff Melynnie 18 Anne Rizvi, in the amount of $25,000.00. (See attached Exhibit “A.”). That offer was not 19 accepted and expired under the terms of the statute. No amount was thereafter offered on the 20 injury claim of Melynnie Anne Rizvi. 21 3 On August 22, 2018, plaintiff Melynnie Anne Rizvi served an Offer to 22 Compromise under Code of Civil Procedure section 998 on defendant Brooke Elizabeth 23 Silverman in the amount of $100,000.00. (See attached Exhibit “B.”). That offer was not 24 accepted and expired under the terms of the statute. ZS 4 On December 17, 2019, the jury’s award of $24,103.00 was /ess than the Offer 26 to Compromise served by defendant on October 22, 2018. (See attached Exhibit “C.”) 27 28 NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION ne 5 On January 2, 2020, plaintiff filed her Memorandum of Costs in the amount of $3,795.20. Of that amount only $643.01 should be allowable costs to plaintiff. (See attached Exhibit “D.”). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and this declaration was executed on January 16, 2020, in San Jose, California. ti AMY CARLSON 10 11 12 13 14 15 16 LZ 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION a Rizvi v. Silverman Santa Clara County Superior Court Case No. 18CV325630 PROOF OF ELECTRONIC SERVICE I, Danielle A. Arena, am employed by the office of Carbone, Smith & Koyama at 1735 Technology Drive, Suite 500, San Jose, CA 95110-1390. I am over the age of 18 years and am not a party to this action. My electronic service address is: Danielle.Arena@csaa.com. I served the accompanying NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS 10 AND AUTHORITIES AND SUPPORTING DECLARATION on the date below by 11 electronically transmitting the document(s) to the addressee(s) at the following email 12 address(es): Is 14 Ara Jabagchourian, Esq. Attorney for Plaintiff 15 ara@arajlaw.com 16 I declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. 18 19 lu (fh 20 Dated: January 16, 2020 21 A) yuu 22 Danielle A. Arena 238 24 25 26 27 28 NOTICE OF MOTION AND MOTION TO TAX COSTS OF PLAINTIFF MELYNNIE ANNE RIZVI; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATION ye EXHIBIT A Am Carlson State Bar No. 213294 CARBONE, SMOKE, SMITH, ENT FEQNARD \TTORNEYS AT LAW 1735 TECHNOLOGY Drive, SutTe 500 ‘SAN JOSE, CA 95110-1390 (408) 392-8654 ATTORNEYS FOR DEFENDANT BROOKE SILVERMAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA UNLIMITED CIVIL JURISDICTION 10 MELYNNIE ANNE RIZVI, Case No. 18CV325630 il Plaintiff, OFFER TO COMPROMISE [CODE CIV. PROC. § 998] 12 ¥, 13 BROOKE ELIZABETH SILVERMAN, Does | to 10, 14 Defendants. 15 16 17 TO PLAINTIFF MELYNNIE RIZVI: 18 Pursuant to section 998 of the California Code of Civil Procedure, in exchange for a 19 general release of all claims and a dismissal of the action against this defendant with 20 prejudice, defendant Brooke Silverman offers to pay plaintiff MELYNNIE RIZVI the sum 21 of $25,000.00 (Twenty-Five Thousand Dollars and No Cents), each party to bear its own 22 costs and attorney’s fees, and according to the additional terms and conditions as follows. 23 The settlement is inclusive of all liens, including but not limited to claims for 24 reimbursement by Medicare or any other medical provider. 25 Mi 26 Mt 27 I 28 Mt OFFER TO COMPROMISE [CODE CIV. PROC. § 998] 1 This offer shall be accepted by dating and signing a copy of this offer and returning it 2] to the attorney for the defendant prior to trial or within thirty (30) days after the offer is 3 made, whichever occurs first, or else the offer will be withdrawn. 4 5 DATED: October 19, 2018 CARBONE, SMOKE, SMITH, BENT & LEONARD vy Ison Attorneys for Defendant Brooke Silverman 10 11 12 I accept the offer to compromise. 13 DATED: 14 is 16 17 MELYNNIE RIZVI 18 19 20 21 22 23 24 25 26 27 28 OFFER TO COMPROMISE [CODE CIV. PROC. § 998) Rizvi v. Silverman Santa Clara County Superior Court Case No. 18CV325630 PROOF OF SERVICE BY MAIL 1, Kerry R. Bustamante, am employed by the office of Carbone, Smoke, Smith, Bent & Leonard in 1735 Technology Drive, Suite 500, San Jose, CA 95110-1390. I am over the age of 18 years and am not a party to this action. I am readily familiar with my employer's business practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal 10 Service the same day it is placed for collection in the ordinary course of business. I served 11 the accompanying OFFER TO COMPROMISE [CODE CIV. PROC. § 998] by placing the 12 document(s) for collection and mailing on the date below, following ordinary business 13 practices at the above business address of my employer, in a sealed envelope or envelopes, 14 with postage fully paid, and addressed to: 15 Melynnie Anne Rizvi 16 18 Highlands Court Belmont, CA 94002 17 Plaintiff In Propria Persona 18 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Dated: October 22, 2018 22 23 x Ketry R. Bustamante 24 25 26 27 28 pDAAE AL CED VICE READ BEFORE SIGNING In signing the following Release of All Claims, you are giving up all your rights and claims resulting from the accident, casualty, or event referred to in the Release, which you may not even know or suspect to exist and which if known by you would have materially affected your settlement. | acknowledge that | have read and understood the above Notice. Date Melynnie Anne Rizvi RELEASE OF ALL CLAIMS To be executed by Melynnie Anne Rizvi: The undersigned does hereby accept the amount of $25,000.00, to be paid by check payable to Melynnie Anne Rizvi, in full compromise settlement and satisfaction of, and as sole consideration for, the final release and discharge of all actions, claims and demands whatsoever, that now exist, or may hereafter accrue against Brooke Silverman and any other person, corporation, association or partnership responsible in any manner or degree for injuries to the person and property of the undersigned, and the treatment thereof, and the consequences flowing therefrom, as a result of an accident, casualty or event which occurred on or about the 30th day of March, 2016 at or near US-101 Northbound or 500 Feet North of San Antonio Road, Palo Alto, California and for which the undersigned claims the above named persons or parties are legally liable in damages. The undersigned agrees, as a further consideration and inducement for this compromise settlement, that it shall apply to all unknown and unanticipated injuries and damages resulting from said accident, casualty or event, as well as to those now disclosed. The undersigned hereby expressly waives the provisions of Section 1542 of the Civil Code of the State of California which reads 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. The undersigned agrees to abandon and dismiss with prejudice all causes of action arising out of said event, including Action No. 18CV325630 in the Santa Clara County Superior Court and to authorize ***Attorney*** to execute a request for dismissal with prejudice of said action. The dismissal with prejudice of any such complaint or cross-complaint shall not operate as a retraxit by the parties released herein. This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is made or persons who may claim to be damaged by reason of injury to or damage sustained by persons on whose behalf the above payment is made because of the accident, incident or event or preclude such persons from pursuing any legal remedies. The amount of this settlement is a compromise settlement of a doubtful and disputed claim for all damages arising out of the accident, incident or event referred to above. This settlement is not to be considered as an admission of any responsibility whatsoever, in whole or in part, for said accident, incident or event by the parties released, their agents or representatives. RELEASE OF ALL CLAIMS Page 1 of 4 The undersigned hereby represents and warrants as follows: (a) No promise or inducement has been offered except as herein set forth. (b) This release is executed without reliance upon any statement or representation by the person or parties released, their representatives, or physicians concerning the nature and extent of the injuries and consequential damages, if any, and of legal liability therefore, if any. (c) The undersigned is of legal age, legally competent to execute this release and accepts full responsibility therefore. (d) Said accident, incident or event did not arise out of and in the course of any employment of the undersigned. (e) The undersigned has not made claim a workers compensation claim by reason of said injuries. (f) No governmental agency, insurance company or other entity, public or private (including but not limited to Medi-Cal under Welfare and Institutions Code, Sections 14124.70 et seq. or the United States Government under Public Law 87-693) has a claim and/or lien for hospitalization and/or medical treatment and/or payment of medical expenses by reason of said injuries. If any such lien exists, the undersigned agrees to compromise and settle or otherwise satisfy said lien out of the proceeds of the settlement and provide the parties released with a release of lien. (g) The undersigned has provided the released parties and their insurer(s) all information the undersigned knows about any and all Medicare rights to recovery as of the date this document is executed. (h) No part of the claim herein released has been assigned to any person or entity. The undersigned agrees to reimburse, indemnify and hold harmless each of the persons, firms, and corporations released herein and their insurer(s), including their agents and assigns, with respect to all known and unknown Medicare rights to recovery related to the subject accident referred to above for which the Federal government may seek repayment, as well as any fine or penalty the Federal government may seek resulting from the insufficiency and/or inaccuracy of the information the undersigned has provided to the parties released and their insurer(s) regarding Medicare rights to recovery known as of this date. The undersigned further agrees to indemnify and defend the parties released, their insurance carriers, and their attorneys of record from any claims for workers compensation, medical, attorney, governmental or other lien arising out of said March 30, 2016 accident which relate to claims, injuries, or the settlement sum set forth above in this release. The undersigned further agrees to defend, hold harmless and fully indemnify the party or parties herein released, including their attorneys and insurance carriers from any loss incurred directly or indirectly by reason of the falsity or inaccuracy of any one or more of the representations or warranties made herein. The undersigned hereby names, designates and appoints as her authorized agent “*Attorney***, to accept delivery of the said consideration for this release on behalf of the undersigned and said party or parties herein released are hereby authorized to deliver said consideration to said authorized agent. RELEASE OF ALL CLAIMS Page 2 of 4 For your protection California law requires the following to appear on this form: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. (California Insurance Code Section 1871 .2) Signed at : this day STATE of + WONTH YEAR IMPORTANT—READ ALL PAGES--BEFORE SIGNING Melynnie Anne Rizvi RELEASE OF ALL CLAIMS Page 3 of 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF. ) On before me, Date Name and Title of Officer (@.g., Jane Doe, Notary Public) personally appeared Melynnie Anne Rizvi . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public RELEASE OF ALL CLAIMS Page 4 of 4 EXHIBIT B ATTORNEY OR PARTY WITHOUT ATTORNEY Name, State Bar number, and CiV-090 address). FOR COURT USE ONLY Melynnie Anne Rizvi 18 Highlands Court Belmont, California 94002 TELEPHONE No: 650-226-3730 FAX NO. (Optionay: E-MAIL ADDRESS (Optiona): élynn se@ramcest net ATTORN FOR EY (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY LION. First Stree penta Care OF ‘STREET ADDRESS: MAILING ADORESS: : CITY AND ZIP CODE: San Dose, CA ASN O BRANCH NAMI PLAINTIFF: > Melynnie Armie Rizve DEFENDANT, Brooke Ebiebetin Silveemen OFFER TO COMPROMISE AND (CASE NUMBER; (7) acceptan ICE UNDER CODE OF CIVIL PROCEDURE SECTION 998 IBCV 325 &3O Note: This form is designed to be used onl ly in civil offer and acceptance Ii involves a money judgment. actions involv! ‘Ing a single plaintiff and a single defendant, where the accompanied by a judgment prepared for the court'sThe court will I flle this offer to compromise and the acceptance only if signature and entry of judgment. OFFER TO COMPROMISE 1. Plaintif (name): Melunnig A ne Rive offers to have judgment entered under Code Of Civil Procedure section 998 in favor of t! he plaintiff and against (name of the defendant): 2. 8 coke Chzabeth The judgment is to be (check and complete a or Glvermaa b) @. [7] inthe amount of $ 100,009 (1) Each party shall bear its own costs and fees. a2 including costs under Code of Civil Procedure section 1032 and attorney's fees. @® Plus costs under Code of Civil Procedure section 1032. ® C9 Plus costs under Code of Civil Procedure Section 1032 and attorney's fees in the amountof $ 6) Plus costs under Code of Civil Proced section ure 1032 and a ittorney's fees allowed by law as determined by the court, 88 follows (describe the terms and conditions of the judgment): 1) Continued in attachment 2b. PH AVQUST 29,2.01% (NAM OF EPARTY 7 1 OR ATTORNEY FOR PARTY MAKING OFFER) 7 ( 7 PARTY OFFER) ACCEPTANCE OF OFFER 3. Defendant (name): judgment stated in items 1 and 2 above. hereby accepts the offer for the Date: (NAME OF PARTY OR ATTORNEY FOR PARTY ACCEPTING OFFER) » (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY ACCEPTING OFFER) "ioe Sosa tain ‘CIV.090 [New January 1, 2008) OFFER TO COMPROMISE AND ACCEPTANCE Page tof 1 ‘Cade of Givi Procedure, § S98 UNDER CODE OF CIVIL PROCEDURE SECTION 998 'co.gov EXHIBIT C ARA JABAGCHOURIAN (SBN 205777) LA’ OFFICES OF ARA JABAGCHOURIAN, P.C. 1650 S. Amphlett Boi ulevard, Suite 216 San Mateo, CA 94402 Telephone: (650) 437-6840 Facsimile: (650) 403-0909 Altorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 MELYNNIE ANNE RIZVI, CASE NO. 18CV325630 11 Plaintiff, 12 NOTICE OF ENTRY OF JUDGMENT ¥. 13 BROOKE ELIZABETH SILVERMAN 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF ENTRY OF JUDGMENT TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that judgment was entered in this matter on December 17, 2019 by the Honorable Patricia M. Lucas in Department 3. A true and correct of the judgment is attached hereto as Exhibit A. Dated: December 20, 2019 LAW OFFICES OF ARA JABAGCHOURIAN, P.C. By: ARA JABAGCHOURIAN 10 Attorneys for Plaintiff 1] 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 NOTICE OF ENTRY OF JUDGMENT EXHIBIT A ————* FILED DEC 17 2019 SUPERIOR COURT OF THE STATE OF CAL IFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 MELYNNIE RIZVI, CASENO. 11 18CV325630 Plaintiff, 12 JUDGMENT ON SPECIAL VERDICT Vv. 13 BROOKE SILVERMAN pee Honorable Patricia M. Lucas 14 Defendant. 15 16 This action came on regularly for trial on December 9, 2019 before the Honorable 17 Patricia M. Lucas in Department 3 in the Siperior Court of the State 18 of California. Ara Jabagchourian appeared with and for Plaintiff Melyn nie Rizvi, and Amy Carlson of Carbone, 19 Smith & Koyama appeared with and for Defendant Brooke Silverman. 20 Ajury of twelve (12) pers was on regula srly impaneled and sworn. Witnesses were sworn 21 and testified. After hearing the evidence and argum ents of counsel and being duly instructed by 22 the court, the jury deliberated and, on Dece mber 16, 2019, returned its special verdict, a copy of Which is attached hereto as Exhibit A (presiding juror’ s name redacted), 24 It appearing by reason of said special verdict that Plaintiff is entitled to judgment against Defendant: NOW, THEREFORE, IT IS ORDERED, ADJUDGED , AND DECREED that Plaintiff 27 have and recover from Defendant the sum of $24,1 03.00, together with interest thereon at the 28 1 tate of fen pervent (10%) per annum from the date of the entry of this judgment unt paid, 2 together with costs and disbursements in the amount of $ 3 4 Dated: December 17,2019, en OY Honorable Patricia M. Lucas cn 5 Judge of the Superior Court 6 10 1] 12 13 14 15 16 17 18 19 20 21 24 25 27 28 ae FILEH DEC 18 2019 of Gara SUPERIOR COURT OF THE STAT E OF CALIFORNIAN. Mata IN AND FOR utia THE nar OF SANTA CLARA CASE NO. 18CV325630 Plaintiff, 10 V. SPECIAL VERDICT FORM 11 BROOKE ELIZABETH SILV pie: Honorable Patricia 12 ERMAN, M. Lucas 13 Defendant. 14 We, the jury in the above- entitled action, find the foll 15 lowing special verdict on questions submitted to us: the 16 1 Was defendant BROOKE SILVERMAN’s negligence a 17 substantial factor in Causing harm to plaintiff. MELY NNIE RIZVI? 18 19 —X_YES NO If you answered “YES” to questi on 1, then answer question 20 2, If you answered “NO”, answer no further questions > Stop here, , and have the Presiding juror sign and date this form. 21 22 What are MELYNNIE RIZVI’ 's total damages? Past Economic Loss Medical Expenses: $ 4103 25 26 Future Economic Loss 27 Medica! Expenses: $_o 28 Exh bia Past Noneconomic Loss, including physical pain, mental suffering, loss of enjoyment of life, physical impairmen t, inconvenience, grief, anxiety, and emotional distress; § Zopoo Future Noneconomic Loss, including physical pain, men tal suffering, loss of enjoyment of life, physical impairment, inconvenience, grief, anxiety, and emotional distress; § ° TOTAL: $_ 2403 10 11 12 Signed, yet” Juror 13 14 Dated: December if, 2019 15 16 After this verdform icthas been signed, notify the bailiff that you are ready to pre 17 your verdict in the courtroom. sent 18 19 20 21 25 27 28 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA FILED Date: _/ 2 -/7- PLAINTIFF; ¥ Rebecca J. Fl MELYNNIE RIZVI f Executive Officer Clerk fof CA County of Santa Clara DEFENDANT: By: Naomi Matautia, Deputy BROOKE SILVERMAN PROOF OF SERVICE BY MAIL OF: Case Number: JUDGMENT ON SPECIAL VERDICT 18CV325630 CLERK’S CERTIFICATE OF SERVICE: this document was mailed first class, p I certify that I am not a party to this case and that atrue copy of the document was mailed at SAN JOSE fully prepaid, in a sealed envelope addressed , C. ALIFORNIA on: December 17, 2019 as shown below and Chief Executive Officer/Clerk Naomi Matautia Ara Jabagchourian, LAW OFFICES OF ARA JABAGCHOU RIAN 16508, Amphlett Boulevard, Suite 216 San Mateo, CA 94402 Amy Carlson, Esq. LAW OFFICES OF CARBONE, SMI TH & KOYAMA 1735 Technology D rive, Suite 500 San Jose, CA 95110-1390 Proof of service Clerk's Certificate of Service PROOF S E OF E SERVICE I am employed in the State of Californi ia, County of San Mateo; J am over the age of 18 years and not a Party to the within cause. My business address is the Law Offices Ara Jabagchourian, P.C. 1650 S. Amphlett Boulevard, Suite 216, San Mateo, California, 94402 and electronic servi ice address is ara@arajlaw.com. On this day, I served the following document(s) in the manner described below in the ordinary course of bus iness: NOTICE OF ENTRY OF JUDGMENT Xx VIA E-MAIL: Iam readily familiar with this firm’s practice for causing documents to be served by electronic mail. Followin; g that practice, I caused the aforementioned document(s) to be delivered via ele tronic mail 10 to the addressee(s) specified below in the ordinary course of business. 11 12 Via E-Mail ATTORNEY FOR DEFENDANT: Amy Carlson 13 BROOKE ELIZABETH SILVERMAN Carbone, Smith & Koyama 1735 Technology Drive, Suite 500 14 San Jose, CA 95110-1390 15 Tel: (408) 392-8654 Email: Amy.Carlson@csaa.com 16 I declare under penalty of perjury, under the 17 laws of the State of California, that the foregoing is true and correct. Executed at San Mateo, Cali ja, on December 20, 2019. 18 19 ra Jabagchourian 20 21 22 23 24 25 26 27 Law Office of Ara PROOF OF SERVICE Jabagchourian EXHIBIT D - JATTORNEY OR PARTY WITHOUT ATTORNEY MC-010 STATE BAR NUMBER: 205777 FOR COURT USE ONLY NAME: Ara Jabagchourian FIRM NAME: Law Offices of Ara Jabagchourian, P.C. STREET ADDRESS: 1650 S. Amphlett Bivd., Suite 216 cry: San Mateo