Request for Judgment in Leonard Williams vs David Blouin et al| Trellis.Law

On October 30, 2017 a Judgment was filed involving a dispute between Leonard Williams, and David P. Blouin, Mona Lisa M. Blouin, for Other PI/PD/WD Unlimited (23) in the District Court of Santa Clara County.

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on 8/20/201 3:53 PM
Envelope: 3287163

ROBERT L. MEZZETTI I, 114282
CHRISTOPHER R. MEZZETTI, 282287

ILE
MEZZETTI LAW FIRM, INC.
31 East Julian Street
San Jose, CA 95112

é
Tel. 408) 279-8400
Fax (408) 279-8448 OCT 17 2019
Clerk of the c|
Attorneys for Plaintiff Leonard Williams Courtof CA County of fanta Clara
DEPUTY

SUPERIOR COURT OF THE STATE OF CALIFORNIA Ming

COUNTY OF SANTA CLARA

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14 LEONARD WILLIAMS, Case No.: 17CV318363
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13 Vv.
Plaintiff,
eK
[PR OP! ED] JUDGMENT ON ACCEPTED
CODECIV. PROC. § 998 OFFER TO
COMPROMISE
14 DAVID P. BLOUIN and MONA LISA M.
BLOUN, individually, and as Trustees of the
15
DAVID P. BLOUIN and MONA LISA M.
16 BLOUIN Trust; and DOES 1-30, Inclusive,

17 Defendants.
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20 On July 31, 2019, Plaintiff Leonard Williams accepted the Code of Civil Procedure § 998 offer

21 to compromise of Defendants David P. Blouin and Mona Lisa Blouin, individually, and in their
22 capacities as Trustees of the David P. Blouin and Mona Lisa M. Blouin Trust in the amount of Sixty-
23 One Thousand Dollars ($61,000.00). A true and correct copy of the accepted Offer to Compromise
24 Pursuant to Califomia Code of Civil Procedure Section 998 and Exhibit “A” is attached hereto as
25 Exhibit 1. Pursuant to the terms of the accepted Offer to Compromise Pursuant to California Code of
26 Civil Procedure Section 998 and Exhibit “A” Plaintiff Leonard Williams shall have judgment against

27 Defendants David P. Blouin and Mona Lisa M. Blouin, individually, and in their capacities as Trustees

28 of the David P, Blouin and Mona Lisa M. Blouin Trust and that judgment shall be entered in favor of

{Proposed] Judgment on Accepted 998 1
Offer to Compromise Case #17CV318363
Plaintiff Leonard Williams and against Defendants David P. Blouin and Mona Lisa M. Blouin,
individually, and in their capacities as Trustees of the David P. Blouin and Mona Lisa M. Blouin Trust
in the amount of Sixty-One Thousand Dollars ($61,000.00).
patep: A->4¢_2019
f Lo-—"

Honorable Mark H. Pierce
Judge of the Superior Court

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[Proposed] Judgment on Accepted 998
Offer to Compromise Case #17CV318363
EXHIBIT 1
170318363
‘Santa Clara - Civil
Y. Chavez

Electronically Filed
by Superior Court of CA,
SANTANA & VIERRA
Kevin J. Hermanson Esq. - SHN: 236162 County of Santa Clara,
255 Califormia on 8/16/2019 12:57 PM
San Francisco,
CA 94111 Reviewed By: Y. Chavez
Telephone:415-777-1308 Case #17CV318363
Facsimile: 603-430-0513 Envelope: 3273347

for Defendants, DAVID P. BLOUIN and MONA LISA M. BLOUIN, individually, and aa
Tmstees of the DAVID P. BLOUIN and MONA LISA M, BLOUIN Trust

SUPERIOR. courr OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA - SAN JOSE
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ll
LEONARD WILLIAMS, Case No.: 17CV318363
Complaint filed: October 30, 2017
Plaintiff, Assigned to: Honorable Theodore C. Zaynor
3 Dept. 06
14 v.
OFFER TO COMPROMISE PURSUANT
TO CALIFORNIA CODE OF CIVIL
15 DAVID P. BLOUIN end MONA LISA M, PROCEDURE SECTION 998 AND
BLOUN, individually, and as Trustees of the EXHIBIT “A”
16 DAVID P, BLOUIN and MONA LISA M.
VW BLOUIN Trust, DOES 1 to 30, inclusive,

18 Defendants.

20 TO PLAINTIFF LEONARD WILLIAMS AND HIS ATTORNEY OF RECORD:
21 PLEASE TAKE NOTICE Defendants, DAVID P. BLOUIN and MONA LISA M. BLOUIN,
individually, and as Trustees of the DAVID P. BLOUIN end MONA LISA M. BLOUIN Trust
hereby offers to compromise this litigation in the exchange for SIXTY ONE THOUSAND
DOLLARS AND ZERO CENTS ($61,000.00), pursuant to the provisions of Califomis Code of
25 Civil Procedure 3998; however, this Offer to Compromise and acceptance thereof is conditioned
Bpon the following:
27 1. This Offer to Compromise does not constitute an admission of liability by or on behalf of
Defendants, DAVID P. BLQUIN and MONA LISA M. BLOUIN, individually, and as
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OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE §998
Trustees
of the DAVID P. BLOUIN
and MONA LISA M. BLOUIN Trust
by whom all
liabilityis expressly denied.
Plaintiff is responsible for all medical expenses and liens,
This Offer to Compromise includes all costs and attomey’s fees; i.e., earch party to bear
own costs and attorncy's fres.
This Offer to Compromise
is subject to Defendants, DAVIDP. BLOUIN
and MONA
LISA M, BLOUIN, individually, and as Trustees of the DAVID P. BLOUIN and MONA
LISA M. BLOUIN Trust being provided with a Release of All Claims, a copy
of which is
attached as Exhibit “A", executed by Plaintiff LEONARD WILLIAMS as well as &
10 Request for Diemiesal with prejudice.
il ‘This Offer to Compromise may be accepted in the form of 2 letter directed to attomeys for
12 Defendants, DAVID P, BLOUIN end MONA LISA M. BLOUIN, individually, and as Trustees of
13 the DAVID P, BLOUIN
and MONA LISA M. BLOUIN
Trust wherein the Offer to Compromise
is
14 accepted pursuant to the terms end conditions
outlined hereinabove.
1s However, if Defendants, DAVID P, BLOUIN and MONA LISA M. BLOUIN, individually,
16 and as Trustees of the DAVID P. BLOUIN and MONA LISA M. BLOUIN Trust's offer is not
17 accepted and if Plaintiff LEONARD WILLIAMS fails to obtain a mire favorable judgment,
18 California Code of Civil Procedure §998 also provides
the Plaintiff shall not recover
costs and shall
19 pay Defendants’ costs from the time of the offer end the court may, in ita discretion, require the
26 plaintiff
to pay the Defendants’ costs from the date of the filing of the Complaint and a reasonsble
21 sam tp cover costs of services of expert witnesses, who are not regular employees of any party,

actually incurred and reasonably necessary in either, or both, the preparation or trial of the cago by
the Defendant.
Please bo advised that the above-referenced offer is valid and enforceable pnrmuant to
California
Code of Civil Procedure §998 end Goodstein, M.D.v. Bank of San Pedro,
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26 Cal. App.4* 899, (1994).
‘You are tequired to promptly comununicate ell amounts, terms and conditions of this written
28 offer to your client. See Califomia Business & Professions Code §6103.S(a).
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OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVEL PROCEDURE §998
DATED; Jnly 1, 2019 SANTANA
& VIERRA

Leu fe
KEVIN J. HERMANSON ESQ, ESQ,
Attomey for Defendants, DAVID P,
BLOUIN and MONA LISA M. BLOUIN,
individually, and as Trustees of the DAVID
P. BLOUIN and MONA LISA M. BLOUIN
‘Trust

1m
YW Proof
of Acceptance
12 Plaintiff accepts your offer to«low jodgment on the terms end conditions aa specified shove,
a
You may file this offer and proof of acceptance with the cy ‘lerk: so that judgment
mey be
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entered uccotdingly.
is

16 DATED: 7hba4 ROB LM} TTI H, ESQ.
7
Attomey for Plaintif€, Leonard Williams
{8
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OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODH OF CIVIL, PROCEDURE §998
EXBUEIT fA?

This Release, (“Release”), by and between LEONARD WILLIAMS (“PLAINTIFF”) and
Defendants, DAVID P. BLOUIN and MONA LISA M. BLOUIN, individusily, and as Trastccs of the
DAVID P. BLOUIN and MONA LISA M. BLOUIN Tut (“DEFENDANTS”) is made with reference
to certain facts including
the following:

A. PLAINTIFF makes personal injury and other claims against DEFENDANTS arising out of an
alleged incident occurring on or about May 6, 2016, at or near 139 Rainier Strest, San Jose, California.

B. PLAINTIFF end DEFENDANTS wish to setile and compromise their differences; in
consideration for DEFENDANTS’ insurance camier paying to PLAINTIFF and PLAINTIFF'S
ATTORNEYS the sum of Sixty One Thousand Dollars and Zero Cents ($61,000.00). PLAINTIFF agrees
to the following release which is Himited to Plaintiff's claims arising from the accident at issue in the subject
lawsuit identified in Paragraph BI:

1 PLAINTIFF will cause his attomeys to dismiss his int with prejudiceas against
DEFENDANTS in the matter of Leonard Williams v. DavidP. Blouin, et al, San Jose Superior Court
Case No. 17CV318363.

2. PLAINTIFF releases, absolutely, and forever discharges DEFENDANTS, its subsidiaries and
affiliated companies, agents, employees and officers from any and all claims, demands, damages, debts,
linbilities, obligations, costs, expenses, actions and causes of action of every kind and nature whatsoever,
whether known or unknown, or unsuspected, relating to all claims which PLAINTIFF may own
or hold against DEFENDANTS, related to stemming from the incident at issue
in this lawsuit.

3 PLAINTIFF intends this Release to constitute a gunerel release arising only from the claim
underlying the litigation identified in Paragraph B1, and he hereby waives the benefits of Seotion 1542 of
Califomia
Civil Code, which provides:

“A general release does not axtend to claims that the creditor or releasing party does not know or suspect
to exist in his or her firvor at the time of executing the release and that, if known by him or her, would
have matedielly affected his or her settlement with the debtor or released party.”

4, Thia Release effects the settlement of claims which are denied and contested, and nothing
contained herein shall be construed as en admission by DEFENDANTS, or DEFENDANTS’ attorneys, of

5. PLAINTIFF represents and warrants he has not heretofore assigned or transferred, or fo
assign or transfer, to any person, firm or corporation whatsoever, any claim, debt, Hability, demand,
obligation, cost, expense, damage, action or cause of action herein released,

6, Each party is to bear its own costs and attomeys’
fees.

7. PLAINTIFF acknowledges he is responsible for all liens whether asserted pursuant to Califomia
Welfare and Institutions Code §14124.70, Siciliano v. Fireman's Fund ins, Co., 62 Cal. App. 3d 745
(1976), and Califorla Civil Code §3045.1 and/or any other Rawlings, Meridian, Anthem Blue Cross,
Federal, State, Medicare, Medi-Cal, Sociel Security, atiomey, doctor's, chiroprector's or stututory lien.

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OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIE, PROCEDURE §998 — EXHIBIT “A”
8, This Release shall be binding upon and shall inure to the benefit of (in addition to the named parties)
the officers, directors, shareholders, agents, employees, insurers and attorneys of DEFENDANTS, and all
parties in privity with DEFENDANTS, as well as the respective relatives, legal successors and assigns of
DEFENDANTS,

9. This document constitutes the entire agreement and understanding between PLAINTIFF snd
DEFENDANTS, and it supercedes and replaces all prior negotiations,
proposed agreements end
agreements, written or oral, relating thereto. PLAINTI sinowigs neither DEFENDANTS for its
attomeys and agents, taade any promises, whatever, express
or implied, not
contzined herein eonceming the subject oatier ofthe Action to induce the execution of this Release, amd
PLAINTIFF acknowledges he has not executed this instroment in reliance on any promises, tepresemtations
or warranties not expreasly contained in this Release.

10. PLAINTIFF acknowledges having been represented by independent legal counsel of his own
choice throughout all negotiations which preceded the execution of this Release, and PLAINTIFF hes
executed this Release with the consent
and on the advice of such independent
legal counsel,

11 This Release is executed and delivered within the State of California and the rights end
obligations of PLAINTIFF and DEFENDANTS shall be construed and enforced in accordance with, and
governed by, the laws of the State of Celifomia.

12. This Release may be signed in countesparts.

For your protection California lew requires the following to sppear
on this form.

“Any person who knowingly presents false or fraudulent claim for the payment of'a loss is guilty ofa
etime and may be subject to fines and confinement in state prison.

patep: __! 31-t9
Kem cge

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OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE §998 ~ EXHIBIT “A”
PROOF OF SERVICE
CCP §1013; 1013(a)

I, the undersigned, declare:
Iam now, and at all times herein mentioned have been, a citizen of the United States and a
resident of the County of Santa Clara; I am over the age of eighteen years and not a party to the within
action; my business address is 31 East Julian Street, San Jose, Califomia 95112.

On, August 20, 2019, I served a copy of
1. [Proposed] Judgment on Accepted Code Civ. Proc. § 998 Offer to Compromise.
_XXX_ BY MAIL - by placing said copy in an envelope addressed as shown below, which envelope
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was sealed and, with postage fully prepaid thereon, was then placed for collection and mailing at my
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place of business following ordinary business practices at San Jose, California to Parties Below under
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Party(s) Served.
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14 T declare under penalty of perjury that the foregoing is true and correct and that this Declaration was
15 executed on August 20, 2019, at San Jose, California.
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DWIGHT WHIPPLE
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Party(s) Served:
20 Helen Santana, Esq.
21 Kevin J. Hermanson, Esq.
Law Offices of Santana & Vierra
22 255 California Street, Suite 900
23 San Francisco, CA 94111
Phone: (415) 777-1308
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Fax: (415) 896-9063
25 Email: Kevin.Hermanson@LibertyMutual.com
26 Attorneys for Defendants David P. Blouin and Mona Lisa Blouin, individually, and as Trustees of the
David P. Blouin and Mona Lisa M. Blouin Trust
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Case Info

Judge

Mark H. Pierce Track Judge’s New Case

Case No.

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Document Filed Date

October 17, 2019

Case Filing Date

October 30, 2017

County

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Judgment: Leonard Williams vs David Blouin et al

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