Kimiko P. v. Alta California Regional Center ( 2021 )

1 CYNTHIA LAWRENCE (SBN 148927) NICOLE van KLAVEREN (SBN 138561) 2 SIMS, LAWRENCE & ARRUTI 1891 E. Roseville Pkwy, Ste. 180 3 Roseville, CA 95661 Telephone: (916) 797-8881 4 Facsimile: (916) 253-1544 5 Attorneys for Defendant ALTA CALIFORNIA REGIONAL CENTER 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 Case No. 2:19-cv-00068-KJM-CKD KIMIKO P., a conserved adult; by and through 11 her conservators MARIKO PESHON MCGARRY, RANDOLF PESHON, AND STIPULATION OF GOOD FAITH 12 TERESA PESHON, SETTLEMENT PURSUANT TO CALIFORNIA CODE OF CIVIL 13 Plaintiffs, PROCEDURE, SECTIONS 877, et seq. 14 vs. Honorable Kimberly J. Mueller Courtroom: 3 15 ALTA CALIFORNIA REGIONAL CENTER, ON MY OWN INDEPENDENT LIVING 16 SERVICES, INC., AND PLACER ARC, 17 Defendants. 18 IT IS HEREBY STIPULATED by and between plaintiff, KIMIKO P., a conserved adult; by 19 and through her conservators MARIKO PESHON MCGARRY, RANDOLF PESHON, AND 20 TERESA PESHON, Defendant ALTA CALIFORNIA REGIONAL CENTER, Defendant ON MY 21 OWN INDEPENDENT LIVING SERVICES, INC., and defendant PLACER ARC as follows: 22 1. ALTA CALIFORNIA REGIONAL CENTER, ON MY OWN INDEPENDENT LIVING 23 SERVICES, INC., AND PLACER ARC are defendants in this action. 24 2. ALTA CALIFORNIA REGIONAL CENTER has settled with plaintiff for waiver of costs 25 and fees and agreement that plaintiff waives right to file an Appeal from any Order from this Court 26 granting ALTA CALIFORNIA REGIONAL CENTER’s Motion to Dismiss filed August 27, 2019. 27 3. ON MY OWN INDEPENDENT LIVING SERVICES, INC has settled with plaintiff for the 1 4. PLACER ARC has settled with plaintiff for the sum of $10,000. 2 5. Rather than incur the burden expense, and delay in seeking a judicial determination of good 3 faith settlement pursuant to California Code of Civil Procedure sections 877 and 877.6, the 4 undersigned parties agree that the settlement of ALTA CALIFORNIA REGIONAL CENTER, ON 5 MY OWN INDEPENDENT LIVING SERVICES, INC., AND PLACER ARC with plaintiff is in 6 good faith under these code sections. 7 6. California Code of Civil Procedure section 877 et seq., rather than federal common law, 8 governs the determination of whether the settlement entered into by and between Plaintiff, ALTA 9 CALIFORNIA REGIONAL CENTER, ON MY OWN INDEPENDENT LIVING SERVICES, 10 INC., AND PLACER ARC is in good faith. Where “a district court sits in diversity, or hears state law 11 claims based on supplemental jurisdiction, the court applies state substantive law to the state law 12 claims.” (Mason & Dixon Intermodal, Inc. v. Lapmaster Int’l, 632 F.3d 1056, 1060 (9th Cir. 2011). 13 “California Code of Civil Procedure section 877 constitutes state substantive law.” Mason & Dixon 14 Intermodal, Inc., 632 F.3d at 1060 (holding the district court correctly applied California Code of 15 Civil Procedure section 877 as state substantive law to resolve motion to dismiss pursuant to good 16 faith settlement); Federal Savings & Loan Ins. Corp. v. Butler, 904 F.2d 505, 511 (9th Cir. 1990) 17 (holding that California Code of Civil Procedure section 877 constitutes substantive law); See also 18 Federal Savings and Loan Ins. Corp. v. Butler, 904 F.2d 505, 511 (9th Cir. 1990) and Yanez v. United 19 States, 989 F.2d 323, 327-28 (9th Cir. 1993.) 20 7. Pursuant to California Code of Civil Procedure sections 877 and 877.6, all further claims 21 against Defendants ALTA CALIFORNIA REGIONAL CENTER, ON MY OWN INDEPENDENT 22 LIVING SERVICES, INC., and/or PLACER ARC for equitable comparative contribution, or partial 23 or comparative indemnity shall be barred. 24 /// 25 /// 26 /// 27 /// 1 8. This Stipulation may be presented with separate signature pages and by electronic 2 transmission. 3 4 Dated: December 30, 2020 SIMS, LAWRENCE & ARRUTI 5 6 By /s/ Cynthia Lawrence______ 7 CYNTHIA LAWRENCE Attorneys for Defendant 8 ALTA CALIFORNIA REGIONAL CENTER 9 10 PERRY, JOHNSON, ANDERSON et al 11 12 Dated: December 30, 2020 By /s/ Sarah Jane T.C. Trong – with permission 13 Sarah Jane T.C. Truong, Esq Attorneys for Defendant 14 ON MY OWN INDEPENDENT LIVING SERVICES, INC 15 16 LEVANGIE LAW GROUP 17 18 Dated: December 30, 2020 By _/s/ Jeffrey C. Long – with permission Jeffrey C. Long 19 Attorneys for Defendant 20 PLACER ARC 21 22 ORDER 23 24 GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVINGSTIPULATED TO 25 THE SAME, the Court finds that the above-stated STIPULATION is sanctioned by the Court and 26 shall be and now is the Order of the Court. The Settlement Agreement between plaintiff KIMIKO 27 P., a conserved adult; by and through her conservators MARIKO PESHON MCGARRY, 1 RANDOLF PESHON, AND TERESA PESHON and defendants ALTA CALIFORNIA 2 REGIONAL CENTER, ON MY OWN INDEPENDENT LIVING SERVICES, INC., AND 3 PLACER ARC is hereby deemed to be a good faith settlement within the meaning and effect of 4 California Code of Civil Procedure §§ 877 and 877.6. Any further claims of any other joint 5 tortfeasors or co-obligors relating to the subject matter of this lawsuit against ALTA 6 CALIFORNIA REGIONAL CENTER, ON MY OWN INDEPENDENT LIVING SERVICES, 7 INC., and/or PLACER AR C for equitable comparative contribution, or partial or comparative 8 indemnity, based on comparative negligence or comparative fault are 9 hereby barred and dismissed with prejudice pursuant to Code of Civil Procedure Section 877.6, 10 subdivision (c). 11 IT IS SO ORDERED. 12 13 DATED: March 23, 2021. _____________________________________ 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27