Preview
Hunt 8c I-lcnriques, Attorneys at Law E-FILED
Michael S. Hunt, Esq. 1199804 1/22/2021 8:11 AM
151 Bernal Road Suite 8 Superior Court of California
San Josh CA 95119-1306 County of Fresno
Telephone: (800) 68(1-2426
Facsmule: (408) 362-2299 By: E.Duque-Perez, Deputy
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
B.F. SISK COURTHOUSE - LIMITFD CIVIL CASE
10
11 CITIBANK, N.A., Case No. 20CECL00914
12 Plaintiff, STIPULATION A('RL'EMEN'f
,"EFgcl35 13 vs.
JURISDICTION RETAINED UNDER
DANNY MORRIS, CODE OF CI VII. PROCEDURE tl Cifi4.(i
Defendant
nH$ ( 14
17
18 IT IS IIEREBY STIPULATED by and between the parties hereto:
19 1. Danny Morris (" Defendant" ) stipulates to the entry of judgment in favor of CITIBANK. N.A.
20 ("PlaintifP) in the principal sum of $ 8,099.54 plus court costs pursuant to a I'uenlol'andilni of
21 costs (which will be limited to Plaintifps fee for liling the complaint; Plaintifl's thc lbr
22 service of process; fees (including any repotter fee that the couit nsay rcquirc at Ihc time a
motion or application is filed) for miy inotio~napplication, aad/ofr orrler tha Jtt~ gi;uticd
including the motion or application to enforce this Agreement and any order fee required to
file the attached proposed order; and Defendant's first appearmlce fce if Plaintiif advances
that fee in order to file this Agreement); less credit I'or payments made in good fundls hchirc
27 the time of default.
2. Plaintiff and Defendant (together, the "Parties" ) agree that $ 8,099.54 is Ihe accunilc
Page 1of 7
Settlement Agreement (Code of Civil Procedure ss
JFL Ci64,6)
l
l38380l OOI
liquidated amount owed by Defendant I'r the account number ending in 5235 (&lie
"Account'.
3 3, Plain&it'I'ill
Notwithstanding Defendant's agreement to have
not request that judgment be entered so
ju&lgn&ent entemd
long as 1)el'end&nit
again»i
is not
him/her.
in dei'suitwith &lie
paynient plan set forth herein.
4. Defendant agrees to pay to Plaintiff a minimum of $ 240.00 on nr bcforc thc 11th day of each
and eveiy month commencing in Septen&bcr, 2020 followed by a linal payment ot'179.54
on or before June 11, 2023, until the Defendant has paid the Judgment Amount. 'liic»c
consecutive monthly instalhuents, totaling 88,099.54, timely rcceivcd, will constitute tbll
10 satisfaction of the Judgn&ent An&ount, If 1)efendant timely makes 24 of the 34 in»tallincnt
payments when due, totaling $ 5,760.00, Defendant may deduct the remaining payment»,
totaling $ 2,339.54, from the remaining balance then due. Tin&c is of the essence with iuspcci
to all payments. If Defendant failsto make full and timely payment of any installment or if
any payment is reversed, then Defendant will not be entitled h& any deduction, thc I)nil
remaining balanre will bc duc, and I'Iaiutitfshall be entitled to enter judtpncnt I'or ihc
Judgment Amount plus court costs pursuant to a memorandimi ol'osts (which &villbc
limited to Plaintiff's fee for tiling the complaint; Plaintiff's fee for service of process; I'ecs
(including any reporter fee that the con&% may require at the time a motion or application i»
tiled) for any motion, application, and/or order that has been grmited, inclnding thc motion or
20 application to enforce this Agreement and any order fee required to file the attached proposed
21 order; and Defendant's first appearance fee if Plaintiff advances that lec in order to file this
Agreement); less oredit for payments made in good funds before the time of default.
5,— Acceptanc~eof an one-or''tnoi&'e late or pa&tial paymerL&s by pish&tiff oL&anJ«u&c acting, on.
PiaintifVs behalf shall neither constitute a waiver of, nor in any way prejudice. Plaintift"s
25 right to demand and receive timely payments thc&uaiier or to declare a default hereunder.
26 PlaintifFs failure to declare a default under this Stipulation whm& so entitled, »hall neither
constitute a waiver of, nor in any way'prejudice, plaintiff's right to declare a &lelault
thereafter.
Page 2 of 7
Settlement Ag&cement (Code of Civil Procedure
r&r&ooczv&& I &st, tj664.6}
lssssol.&&ol
!
6. Paymra&ts due as stipulated above shall be made payable to CITIBANI&, N.A.. noiatcd ivith
2 Defendant's account number and sent to the following payment address;
3 Hunt dc Benrlques
4 151 Rernal Road Suite 8
5 Sru& Josh CA 95119-1306
6 7, The Parties jointly request that this court retain jurisdiction under Cocle of Civil Pi'c&ccclllrc
7 tj664.6. The patties further request that this court vacate all future hearings encl stay all
8 fu&ther action on this case pending completion of the Parties'cspeciive obligations under
9 this Stipulation. If and only if local rtdes so require, the Parties, by their signatures below.
10 authorize the cou&t to dismiss this case without prejudice. 1'o ihc extent that the cour(
I I dismisses the case without pmjudice and pursuant to Code of Civil Procedure ss66&4.6, ihe
12 cour( shall retain jurisdiction. The parties further agree thai in the event of a dci'suit in
13 payments iu&d at ihe request of Plaintiff, the court shall reopen thc case without notice ic
14 Defendant, vacate any dismissal, and cuter judgn&ent for the Judgment Amount plus any
0 1 .00
15 motion aud/or order fee(s) required by ihe court, less credit ibr payments made, 'il&cParties
16, further agree that this Stipulation may at PlaintifFs option be enforced by independent action.
17 'I'he Parties also agree to, and do, voluntarily waive all statutes of limitation and imy other
18 legal impediment or bar to this court from continuing or resuming jurisdiction ol'his case
including, but not limited to, wmver of rights and provisions of Ciilil'orniaCode ol'('ivil
Procedure tjjj 583.160, 583,210, 583.310, 583.360, 583.4! 0, 583.420, and all other provisions
21'2
of California law regarding diismissal of actions for failure to j&rosecute or to bring al&aciioi&
to udal-within any time limit.
8;--If Defendant satisfies his/her~ayment ations then Phintiff shall.disri&iss il&is
o~bli l&ereui&der„ ...
I:i&Us 24
26
27
case with prejudice after
boar. the expense of its
ddressed herein. I'urther,
the
own
final payment
attorney fees
has been dctcnnincd
court l&as already dismissed the case without prejudice, then
to let the dismissal stand. Except as otherwise provided
and court costs in
to
it will
herein, each
bc in
ol'he
ccuinectiun
if ihc case is dismissed with prejuclice, then
Page 3 of 7
goocl
with
Dcf'endant
funds.
the
If thc
he sul'ticient for plainiilf
Parties agree
&vill
io
inaiicrs
noi hc
Settlement Agreen&ent {Code of Civil Pi'occdure
02vi& I
iab ss664.6)
I
I considcrcd a prevailing party.
2 9, The Parodies agree that a comn&issioner ot'the cou(t may hear tu&y proceeding arising II'ownIbis
3 Stipulation,
4 10. Effective as of the date Defendant executes this Stipulation, Defendant, on Dcl'cndan('s
5 behalf and on behalf of all of Defendant's agents, assigns, heirs, successors. scrvan!s, a(xi
6 representatives, including attorneys, (eleases and discharges Plaintiff ru&d allof its aAiliu(es.
7 parents, and/or subsidiary corporations, account servicers and sul&-serviccrs, i(s
8 representatives, managing partners, oificers, directors, sharcholdcrs, employees, ugcn(s.
9 assigns, predecessors, successors, se(vants, insurers, licensees. aud represcn(a(ives inclurling
10 attorneys (the "Releasees**) from any and all known or unknown claims, clemands &md causes
11 of action and claims of any kind (including any claims for damages, interest. foes, unrl(or
12 attorney fees) that 13efendant may have with respec( to the Accoun(. inclurling without
13 limitation all claims that were asserted or could have bccn asserted in (he above-captioncrl
14 matter (the "Matte(s Released" ). This re(case by Defendant does oot extend to ru&y o(hcr
Is accounts, agreements, debts, loans, promissory notes, mortgagcs, liabilities, or o(hcr financial
16 obligations that Defendant may have with any Releasee.
17 11. Except as otherwise sct fo(th herein, Defa(dant agrees that Defendant will no( tile any
18 claims, con&plaints, affidavits, arb((rations, or proceedings with respect to the Ivlatiers
19 Released against any of the Releasees, and that any such claiins, complaints, af(idaviis,
20 arbiirations, or proceedings liled prior to the execution of this S(ipula(ion shallprnmp(ly bc
21 dismissed or withdrawn with prejud(ce. This Stipulation is intended to resolve forcvcr (hc
22 entire disagreement between Defendant and Plaintiff.
---—— .-- —
-23 —
12. Upon time(y receipt and full negotiation of the penmen(a as stalbd abo(&g 'I'lain(IIT id uses
24 and discharges Defendant in connection with any claims it may have relating to the
Accoun(.
25 This release by Plaintiff does not extend to any other accounts, ag(cornea(s, deb(s, lo;(ns,
26 promissory notes, mortgages, liabilities, or other financial obliga(ions (hat De('endruit n&ay
27 1&ave with any Releasee,
28 13. Defcndanl knowingly waivcs Defendant's rights under Seec('0-7-I
(ol& - " I of Sou(h Dakoi(1
Page 4 of 7
Settlement Agrccmcnt (Code of Civil Proccdurc (j 66&4.6)
(SS&SO(.00(
I Codilied Laws, if applicable, which would otherwise bar relinquishment ot'laims that s
2 creditor does not know or suspect to exist.
3 14. Effective as of the date Defendant executes this Stipulation, Defendant expressly waives anil
4 relinquishes all rights and benefits that helshe has or may have under Californi&i Civil ('nile
5 Section 1542. That section states: "A general release does not extend to claiins tluit ihc
6 creditor or ieieasing party does not know or suspect to exist in his ur hcr favor nt ihc time oi'
executing the release and that, if known by him or her, would have materially afycctcd his or
8 her settlement with the debtor or released party." Defendant acknowlcdgcs that tile
9 significance and consequence of this waiver is thai even if he or she should eventually sulibr
10 additional damages arising out of the Account, or the above-referenced matter, he or she,ivill
11 not bc permitted to make any claint for those damages. Furthermore, Defciulant
12 acknowledges that he or she intends that consequence even as to cl&iims for dainagcs that
~PS may exist as of the date this Stipulation is executed, but which he or she docs not luiow exist,
and which, if known, would materially affect his or lier decision to execute this Stipulation,
regardless of whether his or her lack of knowledge is the result of Ignorance, oversight. error,
negligencc, or any other cause. Said waiver is specific to thc Account and the abovc-
17 captioned matter. and does not extend to any other accounts or other financial obligations th;it
18 Defendant may have with any Releasee.
15. Plaintiff expressly waives and relinquishes all rights and benefits thai ithas or may Itave
20 under California Civil Code Section 1542. That section states; "A general release docs not
21
22
23-
'er
—— -
extend to claims that the creditor. or releasing party does not kiiow or suspect to exist in his or
favor at the time of executing the rclcase and that, if'known by him or hcn ivould have
materially affected his or her'ettlenient witli tlute.debtor .or reieased hearty.'laintii'I
24 acknowledges that the significance and consequence of this waiver is that even il't should
25 eventually suffer additional damages arising out of the Account, or the above-rei'crenccd
26 matter, it will not be permitted to inake any claim fof those damages. urthcrmorc.
I I'laiiliiif
27 acknowledges that it intends that consequence even as to claims for damages that may exist
28 as of the date this Stipulation
DD0002vt&: I JFL
is executed,
ii'age
but
5
which
of 7
Settlement Agreement (Code of Civil
it does not
procedure&'
know exists,
s 664.6)
& 'I)
snd
I
which,
sass(iI.00 I
known, would materially af'fact its decision to execute this
wh&'(hcl'ts
hick
cause.
of knowledge
Said
is the
waiver is spectflc
result
to
of ignorance,
(he
Stipulation, &egar&llcss of
oversight, error.
Account and the above-captioncd
negligcncc, or any other
ma(ter and docs not
extend to any other accounts or other financial obligations
that Defendant &)u)y have with;uly
Releasee. Plaintiff" s waiver is not cffectivc until all payments owed by Dcf'cndan( under thi»
Stipulation have been paid.
7 16.'fhe negotiations leading to thc tcnns of this Stipulation and any and ail I'actsrelated to the
Matters Released are confidentiaL The Partie agree
not to disclose the above to any person
except as may be necessary for the preparation of financial statements or tax liclurn».or ics
10 may bc requhed by Iaw, or by valid Order of Court. If
any Party or person acting on bcltalf'(!I'
Party hereto receives an inquiry about this Stipulation, such Party will respond only tire(
12 "thc matter has been resolved." Nothing in this Stipulation shall. ho)vcvcr, bc deco)cd to
ag
4 Ia 13
~I( I&f interfere with each Party's obligation to )uport transactions with appropriate govcrnmcntal,
taxing, and/or tegistering agencies or to comply with the Iaw or a valid Court Order, lf)
addition, nothing in this Stipulation prohibits or limits the Parties or their counsel tiom
,initiating communications directly with, responding to any inqniry from, vohm(ecring
17 information to, or providing testiniony before, the
Office of the Coniptn)lier of the
Currency.
18 Bureau of Consumer Financial Protection, Securities and Exchange Conan i»»ion«
19 Department of Jus(ice, any other self-regulatoty
oigani7&(ion or any other governmental,
law
20 enforcement, or regulatory authority, regarding this Stipulation and its underlying lhcts ainl
21 circums(ance», or any reporting of, inves(igation into, or proceeding regarding su»pcctc&l
22 violations of law, and that the Parties are uot required to advise or seek permission beli)re
23 engaging in any sucMctivity~uithetsnore,—
Defendant un&i'equi.'%ftds tliat this
StiIullation m«ay
24 be filed with the court.
25 The Parties represent and warrant I'hat
they have not sold, transf'errcd.
conveyed, assigned, or
26
''
otherwise disposed of any right, title, or interest in any of the Ma(ters Released or this
Stipulation to any person or entity, and that the Parties are'e no
not aware o 'any o(her person or
entity who may have or who has asser(ed
or can assertr a r' t',
lig 1,t,
(it c, ol'llcl'cs(10 «uly of
Settlement Agreemcnt (Code of'Civil
lh&'age6of7
002VI& I /F(. Proccd ul'c ()s 6f)«)I —— — -...l
f.f I
(SS)SC(.001
I
I
18.
'uly
Matters Released or this Stipulation. The pa&siss
Defendant acknowledges that Defendant has not sought, received
warrant
and w
further represent an"
orr iclied
tl&at
'th res
Plaintiffs counsel or any agent of plaintiff for any tax advice of any kii.(l with
effects of this
consideration
Stipulation,
identified
the
herein and
Maitcrs .Released,
plaintiff may be
or thc
required
delivery
to l&le
or
certain
r
payment
1099
they ai'e
era&and its con(ants.
authorized and fully capable of executing this Stipulation and understa
i'elle on Plan&ult
'p ect
ol
to ihc
any
or oil&er
infoimation &upo&Ss with the United Slates hiternal Revenue Service. Del'endm&t has been
advised to consult with iax counsel oF Defendant's own choice to scck legal und tax ailvice
regarding thc taxability or non-taxability of consideration provided hc&cin.
10 19,Defendant acknowledges having hsd the oppo&sanity to consult with legal counsel ofhislt&cr
ll choice concerning Defendant's legal rights with respect to the form and content ol'his
12 Stipulation and the advisability of executing it. Defendant has read ibis Stipulation snd is
executing it vo! untarily and not under duress of any kind.
20. This Stipulation may be signed in counterparts, and the counterparts
together shall constitute
one document. Counterparts including faxed, scanned, or photacopicd signatu&cs
shallbe as
valid as an original. I
21. This Stipulation contains the entire agreement of thc Parties. There are no oral ur written
18 agreements or understandings not contained herein.
19
20 Dated: I ro~9 &=107 i.&
21 Defendant
22 1 1/ 06 I 2020
Dated:
23 Citibank, N.A.
-Legal Representative
14ame: B Gauper
26
27
28
t&Dto&2VK 1 JPL
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Hunt 8c I-lcnriques, Attorneys at Law E-FILED Michael S. Hunt, Esq. 1199804 1/22/2021 8:11 AM 151 Bernal Road Suite 8 Superior Court of California San Josh CA 95119-1306 County of Fresno Telephone: (800) 68(1-2426 Facsmule: (408) 362-2299 By: E.Duque-Perez, Deputy Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO B.F. SISK COURTHOUSE - LIMITFD CIVIL CASE 10 11 CITIBANK, N.A., Case No. 20CECL00914 12 Plaintiff, STIPULATION A('RL'EMEN'f ,"EFgcl35 13 vs. JURISDICTION RETAINED UNDER DANNY MORRIS, CODE OF CI VII. PROCEDURE tl Cifi4.(i Defendant nH$ ( 14 17 18 IT IS IIEREBY STIPULATED by and between the parties hereto: 19 1. Danny Morris (" Defendant" ) stipulates to the entry of judgment in favor of CITIBANK. N.A. 20 ("PlaintifP) in the principal sum of $ 8,099.54 plus court costs pursuant to a I'uenlol'andilni of 21 costs (which will be limited to Plaintifps fee for liling the complaint; Plaintifl's thc lbr 22 service of process; fees (including any repotter fee that the couit nsay rcquirc at Ihc time a motion or application is filed) for miy inotio~napplication, aad/ofr orrler tha Jtt~ gi;uticd including the motion or application to enforce this Agreement and any order fee required to file the attached proposed order; and Defendant's first appearmlce fce if Plaintiif advances that fee in order to file this Agreement); less credit I'or payments made in good fundls hchirc 27 the time of default. 2. Plaintiff and Defendant (together, the "Parties" ) agree that $ 8,099.54 is Ihe accunilc Page 1of 7 Settlement Agreement (Code of Civil Procedure ss JFL Ci64,6) l l38380l OOI liquidated amount owed by Defendant I'r the account number ending in 5235 (&lie "Account'. 3 3, Plain&it'I'ill Notwithstanding Defendant's agreement to have not request that judgment be entered so ju&lgn&ent entemd long as 1)el'end&nit again»i is not him/her. in dei'suitwith &lie paynient plan set forth herein. 4. Defendant agrees to pay to Plaintiff a minimum of $ 240.00 on nr bcforc thc 11th day of each and eveiy month commencing in Septen&bcr, 2020 followed by a linal payment ot'179.54 on or before June 11, 2023, until the Defendant has paid the Judgment Amount. 'liic»c consecutive monthly instalhuents, totaling 88,099.54, timely rcceivcd, will constitute tbll 10 satisfaction of the Judgn&ent An&ount, If 1)efendant timely makes 24 of the 34 in»tallincnt payments when due, totaling $ 5,760.00, Defendant may deduct the remaining payment», totaling $ 2,339.54, from the remaining balance then due. Tin&c is of the essence with iuspcci to all payments. If Defendant failsto make full and timely payment of any installment or if any payment is reversed, then Defendant will not be entitled h& any deduction, thc I)nil remaining balanre will bc duc, and I'Iaiutitfshall be entitled to enter judtpncnt I'or ihc Judgment Amount plus court costs pursuant to a memorandimi ol'osts (which &villbc limited to Plaintiff's fee for tiling the complaint; Plaintiff's fee for service of process; I'ecs (including any reporter fee that the con&% may require at the time a motion or application i» tiled) for any motion, application, and/or order that has been grmited, inclnding thc motion or 20 application to enforce this Agreement and any order fee required to file the attached proposed 21 order; and Defendant's first appearance fee if Plaintiff advances that lec in order to file this Agreement); less oredit for payments made in good funds before the time of default. 5,— Acceptanc~eof an one-or''tnoi&'e late or pa&tial paymerL&s by pish&tiff oL&anJ«u&c acting, on. PiaintifVs behalf shall neither constitute a waiver of, nor in any way prejudice. Plaintift"s 25 right to demand and receive timely payments thc&uaiier or to declare a default hereunder. 26 PlaintifFs failure to declare a default under this Stipulation whm& so entitled, »hall neither constitute a waiver of, nor in any way'prejudice, plaintiff's right to declare a &lelault thereafter. Page 2 of 7 Settlement Ag&cement (Code of Civil Procedure r&r&ooczv&& I &st, tj664.6} lssssol.&&ol ! 6. Paymra&ts due as stipulated above shall be made payable to CITIBANI&, N.A.. noiatcd ivith 2 Defendant's account number and sent to the following payment address; 3 Hunt dc Benrlques 4 151 Rernal Road Suite 8 5 Sru& Josh CA 95119-1306 6 7, The Parties jointly request that this court retain jurisdiction under Cocle of Civil Pi'c&ccclllrc 7 tj664.6. The patties further request that this court vacate all future hearings encl stay all 8 fu&ther action on this case pending completion of the Parties'cspeciive obligations under 9 this Stipulation. If and only if local rtdes so require, the Parties, by their signatures below. 10 authorize the cou&t to dismiss this case without prejudice. 1'o ihc extent that the cour( I I dismisses the case without pmjudice and pursuant to Code of Civil Procedure ss66&4.6, ihe 12 cour( shall retain jurisdiction. The parties further agree thai in the event of a dci'suit in 13 payments iu&d at ihe request of Plaintiff, the court shall reopen thc case without notice ic 14 Defendant, vacate any dismissal, and cuter judgn&ent for the Judgment Amount plus any 0 1 .00 15 motion aud/or order fee(s) required by ihe court, less credit ibr payments made, 'il&cParties 16, further agree that this Stipulation may at PlaintifFs option be enforced by independent action. 17 'I'he Parties also agree to, and do, voluntarily waive all statutes of limitation and imy other 18 legal impediment or bar to this court from continuing or resuming jurisdiction ol'his case including, but not limited to, wmver of rights and provisions of Ciilil'orniaCode ol'('ivil Procedure tjjj 583.160, 583,210, 583.310, 583.360, 583.4! 0, 583.420, and all other provisions 21'2 of California law regarding diismissal of actions for failure to j&rosecute or to bring al&aciioi& to udal-within any time limit. 8;--If Defendant satisfies his/her~ayment ations then Phintiff shall.disri&iss il&is o~bli l&ereui&der„ ... I:i&Us 24 26 27 case with prejudice after boar. the expense of its ddressed herein. I'urther, the own final payment attorney fees has been dctcnnincd court l&as already dismissed the case without prejudice, then to let the dismissal stand. Except as otherwise provided and court costs in to it will herein, each bc in ol'he ccuinectiun if ihc case is dismissed with prejuclice, then Page 3 of 7 goocl with Dcf'endant funds. the If thc he sul'ticient for plainiilf Parties agree &vill io inaiicrs noi hc Settlement Agreen&ent {Code of Civil Pi'occdure 02vi& I iab ss664.6) I I considcrcd a prevailing party. 2 9, The Parodies agree that a comn&issioner ot'the cou(t may hear tu&y proceeding arising II'ownIbis 3 Stipulation, 4 10. Effective as of the date Defendant executes this Stipulation, Defendant, on Dcl'cndan('s 5 behalf and on behalf of all of Defendant's agents, assigns, heirs, successors. scrvan!s, a(xi 6 representatives, including attorneys, (eleases and discharges Plaintiff ru&d allof its aAiliu(es. 7 parents, and/or subsidiary corporations, account servicers and sul&-serviccrs, i(s 8 representatives, managing partners, oificers, directors, sharcholdcrs, employees, ugcn(s. 9 assigns, predecessors, successors, se(vants, insurers, licensees. aud represcn(a(ives inclurling 10 attorneys (the "Releasees**) from any and all known or unknown claims, clemands &md causes 11 of action and claims of any kind (including any claims for damages, interest. foes, unrl(or 12 attorney fees) that 13efendant may have with respec( to the Accoun(. inclurling without 13 limitation all claims that were asserted or could have bccn asserted in (he above-captioncrl 14 matter (the "Matte(s Released" ). This re(case by Defendant does oot extend to ru&y o(hcr Is accounts, agreements, debts, loans, promissory notes, mortgagcs, liabilities, or o(hcr financial 16 obligations that Defendant may have with any Releasee. 17 11. Except as otherwise sct fo(th herein, Defa(dant agrees that Defendant will no( tile any 18 claims, con&plaints, affidavits, arb((rations, or proceedings with respect to the Ivlatiers 19 Released against any of the Releasees, and that any such claiins, complaints, af(idaviis, 20 arbiirations, or proceedings liled prior to the execution of this S(ipula(ion shallprnmp(ly bc 21 dismissed or withdrawn with prejud(ce. This Stipulation is intended to resolve forcvcr (hc 22 entire disagreement between Defendant and Plaintiff. ---—— .-- — -23 — 12. Upon time(y receipt and full negotiation of the penmen(a as stalbd abo(&g 'I'lain(IIT id uses 24 and discharges Defendant in connection with any claims it may have relating to the Accoun(. 25 This release by Plaintiff does not extend to any other accounts, ag(cornea(s, deb(s, lo;(ns, 26 promissory notes, mortgages, liabilities, or other financial obliga(ions (hat De('endruit n&ay 27 1&ave with any Releasee, 28 13. Defcndanl knowingly waivcs Defendant's rights under Seec('0-7-I (ol& - " I of Sou(h Dakoi(1 Page 4 of 7 Settlement Agrccmcnt (Code of Civil Proccdurc (j 66&4.6) (SS&SO(.00( I Codilied Laws, if applicable, which would otherwise bar relinquishment ot'laims that s 2 creditor does not know or suspect to exist. 3 14. Effective as of the date Defendant executes this Stipulation, Defendant expressly waives anil 4 relinquishes all rights and benefits that helshe has or may have under Californi&i Civil ('nile 5 Section 1542. That section states: "A general release does not extend to claiins tluit ihc 6 creditor or ieieasing party does not know or suspect to exist in his ur hcr favor nt ihc time oi' executing the release and that, if known by him or her, would have materially afycctcd his or 8 her settlement with the debtor or released party." Defendant acknowlcdgcs that tile 9 significance and consequence of this waiver is thai even if he or she should eventually sulibr 10 additional damages arising out of the Account, or the above-referenced matter, he or she,ivill 11 not bc permitted to make any claint for those damages. Furthermore, Defciulant 12 acknowledges that he or she intends that consequence even as to cl&iims for dainagcs that ~PS may exist as of the date this Stipulation is executed, but which he or she docs not luiow exist, and which, if known, would materially affect his or lier decision to execute this Stipulation, regardless of whether his or her lack of knowledge is the result of Ignorance, oversight. error, negligencc, or any other cause. Said waiver is specific to thc Account and the abovc- 17 captioned matter. and does not extend to any other accounts or other financial obligations th;it 18 Defendant may have with any Releasee. 15. Plaintiff expressly waives and relinquishes all rights and benefits thai ithas or may Itave 20 under California Civil Code Section 1542. That section states; "A general release docs not 21 22 23- 'er —— - extend to claims that the creditor. or releasing party does not kiiow or suspect to exist in his or favor at the time of executing the rclcase and that, if'known by him or hcn ivould have materially affected his or her'ettlenient witli tlute.debtor .or reieased hearty.'laintii'I 24 acknowledges that the significance and consequence of this waiver is that even il't should 25 eventually suffer additional damages arising out of the Account, or the above-rei'crenccd 26 matter, it will not be permitted to inake any claim fof those damages. urthcrmorc. I I'laiiliiif 27 acknowledges that it intends that consequence even as to claims for damages that may exist 28 as of the date this Stipulation DD0002vt&: I JFL is executed, ii'age but 5 which of 7 Settlement Agreement (Code of Civil it does not procedure&' know exists, s 664.6) & 'I) snd I which, sass(iI.00 I known, would materially af'fact its decision to execute this wh&'(hcl'ts hick cause. of knowledge Said is the waiver is spectflc result to of ignorance, (he Stipulation, &egar&llcss of oversight, error. Account and the above-captioncd negligcncc, or any other ma(ter and docs not extend to any other accounts or other financial obligations that Defendant &)u)y have with;uly Releasee. Plaintiff" s waiver is not cffectivc until all payments owed by Dcf'cndan( under thi» Stipulation have been paid. 7 16.'fhe negotiations leading to thc tcnns of this Stipulation and any and ail I'actsrelated to the Matters Released are confidentiaL The Partie agree not to disclose the above to any person except as may be necessary for the preparation of financial statements or tax liclurn».or ics 10 may bc requhed by Iaw, or by valid Order of Court. If any Party or person acting on bcltalf'(!I' Party hereto receives an inquiry about this Stipulation, such Party will respond only tire( 12 "thc matter has been resolved." Nothing in this Stipulation shall. ho)vcvcr, bc deco)cd to ag 4 Ia 13 ~I( I&f interfere with each Party's obligation to )uport transactions with appropriate govcrnmcntal, taxing, and/or tegistering agencies or to comply with the Iaw or a valid Court Order, lf) addition, nothing in this Stipulation prohibits or limits the Parties or their counsel tiom ,initiating communications directly with, responding to any inqniry from, vohm(ecring 17 information to, or providing testiniony before, the Office of the Coniptn)lier of the Currency. 18 Bureau of Consumer Financial Protection, Securities and Exchange Conan i»»ion« 19 Department of Jus(ice, any other self-regulatoty oigani7&(ion or any other governmental, law 20 enforcement, or regulatory authority, regarding this Stipulation and its underlying lhcts ainl 21 circums(ance», or any reporting of, inves(igation into, or proceeding regarding su»pcctc&l 22 violations of law, and that the Parties are uot required to advise or seek permission beli)re 23 engaging in any sucMctivity~uithetsnore,— Defendant un&i'equi.'%ftds tliat this StiIullation m«ay 24 be filed with the court. 25 The Parties represent and warrant I'hat they have not sold, transf'errcd. conveyed, assigned, or 26 '' otherwise disposed of any right, title, or interest in any of the Ma(ters Released or this Stipulation to any person or entity, and that the Parties are'e no not aware o 'any o(her person or entity who may have or who has asser(ed or can assertr a r' t', lig 1,t, (it c, ol'llcl'cs(10 «uly of Settlement Agreemcnt (Code of'Civil lh&'age6of7 002VI& I /F(. Proccd ul'c ()s 6f)«)I —— — -...l f.f I (SS)SC(.001 I I 18. 'uly Matters Released or this Stipulation. The pa&siss Defendant acknowledges that Defendant has not sought, received warrant and w further represent an" orr iclied tl&at 'th res Plaintiffs counsel or any agent of plaintiff for any tax advice of any kii.(l with effects of this consideration Stipulation, identified the herein and Maitcrs .Released, plaintiff may be or thc required delivery to l&le or certain r payment 1099 they ai'e era&and its con(ants. authorized and fully capable of executing this Stipulation and understa i'elle on Plan&ult 'p ect ol to ihc any or oil&er infoimation &upo&Ss with the United Slates hiternal Revenue Service. Del'endm&t has been advised to consult with iax counsel oF Defendant's own choice to scck legal und tax ailvice regarding thc taxability or non-taxability of consideration provided hc&cin. 10 19,Defendant acknowledges having hsd the oppo&sanity to consult with legal counsel ofhislt&cr ll choice concerning Defendant's legal rights with respect to the form and content ol'his 12 Stipulation and the advisability of executing it. Defendant has read ibis Stipulation snd is executing it vo! untarily and not under duress of any kind. 20. This Stipulation may be signed in counterparts, and the counterparts together shall constitute one document. Counterparts including faxed, scanned, or photacopicd signatu&cs shallbe as valid as an original. I 21. This Stipulation contains the entire agreement of thc Parties. There are no oral ur written 18 agreements or understandings not contained herein. 19 20 Dated: I ro~9 &=107 i.& 21 Defendant 22 1 1/ 06 I 2020 Dated: 23 Citibank, N.A. -Legal Representative 14ame: B Gauper 26 27 28 t&Dto&2VK 1 JPL