Padilla v. Beard et al

Filing 305

ORDER RE: PLAINTIFF JERMAINE PADILLA SPECIAL NEEDS TRUST signed by District Judge Kimberly J. Mueller on 4/11/18. (Mena-Sanchez, L)

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Lori Rifkin, Esq. [S.B. # 244081]
HADSELL STORMER & RENICK LLP
4300 Horton Street, #15
Emeryville, CA 94608
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Dan Stormer, Esq. [S.B. #101967]
Caitlan McLoon, Esq. [S.B. #302798]
HADSELL STORMER & RENICK LLP
128 N. Fair Oaks Avenue
Pasadena, California 91103
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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Jermaine Padilla,

Case No.: 2:14-cv-01118-KJM-CKD

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Plaintiff,
v.
Jeffrey Beard, et al.,

[Assigned to the Honorable Kimberly J. Mueller –
Courtroom 3]
ORDER RE: PLAINTIFF JERMAINE
PADILLA SPECIAL NEEDS TRUST

Defendants.

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Complaint Filed:
Trial Date:

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ORDER RE: PLAINTIFF JERMAINE
PADILLA’S SPECIAL NEEDS TRUST

May 6, 2014
April 17, 2017

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ORDER

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Following this Court’s Order on December 6, 2017, approving the settlement in this case

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including the establishment of a special needs trust, and having received and reviewed the requested

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notice of identity of Trustee and the executed Trust documents, IT IS HEREBY ORDERED:

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1.

The United States District Court, Eastern District of California establishes the

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Jermaine Padilla Special Needs Trust, having previously found that Mr. Padilla has a

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disability that substantially impairs his ability to provide for his own care or custody,

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that he is likely to have special needs that will not be met without the Trust, and that

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the money to be paid to the Trust does not exceed the amount that appears reasonably

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necessary to meet his special needs;
2.

The Trustee, Mark Watson, shall petition the Santa Barbara County Probate Court to

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bring the Jermaine Padilla Special Needs Trust under ongoing court jurisdiction and

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to comply with the bond and ongoing court account requirements;

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3.

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Trustee of the Jermaine Padilla Special Needs Trust;
4.

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Bond will be filed in the amount required by California Rules of Court 7.207 by the
County Probate Court overseeing the Trust;

5.

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The payment of all monies due plaintiff in the settlement shall be paid directly to the

The Trustee of the Jermaine Padilla Special Needs Trust is authorized to invest in
mutual funds and bonds with maturity dates greater than five years; and

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The Trust is directed to make payment $4,003.50 to The Urbatsch Law Firm, P.C., for
the legal services rendered to Petitioner.

IT IS SO ORDERED.
DATED: April 11, 2018.

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UNITED STATES DISTRICT JUDGE

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PADILLA SPECIAL NEED TRUST

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