Primerica Life Insurance Company v. Davila et al

Filing 47

JOINT STIPULATION and ORDER for Distribution of Interpleaded Funds signed by Magistrate Judge Sandra M. Snyder on 11/10/2011. (Jessen, A)

1 John G. Michael #106107
[e-mail]
2 Elisabeth F. Tietjen #258704
[e-mail]
3 BAKER MANOCK & JENSEN, PC
5260 North Palm Avenue, Fourth Floor
4 Fresno, California 93704
Telephone: [phone]
5 Facsimile: 559.432.5620
6 Attorneys for Defendant and Counter-Defendant Maycelle Davila
7 David M. Gilmore, #105429
[e-mail]
8 Jody L. Winter, #249592
[e-mail]
9 GILMORE, WOOD, VINNARD & MAGNESS
P.O. Box 28907
10 Fresno, Ca 93729-8907
Telephone: [phone]
11 Facsimile: [phone]
12 Attorneys for Defendant/Counterclaimant Jill Davila
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

15
PRIMERICA LIFE INSURANCE
16 COMPANY,

CASE No. 1:10 CV-01924 SMS

17

JOINT STIPULATION AND ORDER FOR
DISTRIBUTION OF INTERPLEADED
FUNDS AND DISMISSAL OF ACTION

Plaintiff,

18

v.
Judge: Hon. Sandra M. Snyder

19 JILL DAVILA, an individual, MAYCELLE
DAVILA, an individual,
20
Defendants.
21

Trial Date:

March 20, 2012

22 JILL DAVILA, an individual,
23

Counter-Complainant,

24

v.

25 PRIMERICA LIFE INSURANCE
COMPANY AND MAYCELLE DAVILA,
26
Counter-Defendants.
27
28
1025064v1

JOINT STIPULATION AND [PROPOSED] ORDER FOR DISTRIBUTION OF INTERPLEADED FUNDS AND
DISMISSAL OF ACTION

1

IT IS HEREBY STIPULATED AND AGREED by and between Defendant and

2 Counter-Complainant Jill Davila ("Jill") and Defendant and Counter-Defendant Maycelle Davila,
3 ("Maycelle") by and through their respective counsel, as follows:
4

1.

Plaintiff Primerica Life Insurance Company has been dismissed from this

5 interpleader action.
6

2.

Jill and Maycelle have reached a settlement of this entire action on the

7 terms and conditions contained in that certain Mutual Release and Settlement Agreement, dated
8 October 18, 2011, a copy of which is attached hereto as Exhibit "A."
9

3.

$100,000 of the interpleaded funds shall be distributed to Maycelle by

10 check made payable to Maycelle Davila and delivered to her counsel at the address above.
11

4.

$100,000 of the interpleaded funds shall be distributed to Jill Davila by

12 check made payable to “Jill Davila or Gilmore, Wood, Vinnard & Magness Client Trust Account”
13 and delivered to her counsel at the address above.
14

5.

The balance of the interpleaded funds shall be distributed to Jill as trustee

15 for the benefit of the children of Jill and Larry Davila, Jr., deceased, Jordan Davila and Jenna
16 Davila. The trust will be called “The Larry Davila, Jr. Legacy Trust” (the “Trust”).
17

6.

The funds shall be distributed by check made payable to the “Gary L.

18 Winter, Inc. Client Trust Account FBO The Larry Davila, Jr. Legacy Trust” and delivered to
19 counsel for the trust, Gary Winter, at 2525 Alluvial Avenue, Suite 121, Clovis, CA 93611.
20

7.

The parties stipulate that the Trust to be created is not a “trust funded by

21 court order” and therefore not subject to California Rules of Court Section 7.903 or Probate Code
22 Section 3600 et seq.
23

8.

Pursuant to the Settlement Agreement, Jill shall have the trust agreement

24 drafted at her sole expense and it shall be subject to the approval of Maycelle. As trustee of the
25 Trust, Jill shall be compensated in the amount of two percent (2%) of the gross trust estate per
26 year as trustee’s fee for administration, and Jill shall account annually regarding the trust assets,
27 income and expenses. The trust agreement shall be drafted to confer standing (whether by consent
28 or by making her a nominal beneficiary, or otherwise) on Maycelle to receive notice of all matters
2

1 concerning the trust and to object to the annual accountings, if necessary.
2

9.

The parties stipulate that the account must only contain the items specified

3 in Probate Code Section 16063(a) and the account may, but is not required to, be in the form
4 specified for Court accounts. Jill may petition the Court to obtain Court review of the account and
5 the trustee’s acts. However, there will be no requirement that she do so.
6

10.

Once the interpleaded funds have been distributed, as set forth above, the

7 case shall be dismissed with prejudice.
8 DATED: October 26, 2011
9

BAKER MANOCK & JENSEN, PC

10
By:

11

/s/ John G. Michael
John G. Michael
Elisabeth F. Tietjen
Attorneys for Defendant and CounterDefendant Maycelle Davila

12
13
14 DATED: October 26, 2011

GILMORE, WOOD, VINNARD & MAGNESS

15
16

By:

17

/s/ Jody L. Winter
David M. Gilmore
Jody L. Winter
Attorneys for Defendant and Counter-Claimant
Jill Davila

18
19
20

ORDER

21

Having read the stipulation of the remaining parties in this case, and good cause

22 appearing therefore:
23
24
25 IT IS SO ORDERED.
26
27

Dated:

November 10, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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