Estate of Jeremiah Chass et al v. County of Sonoma et al

Filing 42

ORDER APPROVING PETITION FOR MINOR'S COMPROMISE. Signed by Judge Maxine M. Chesney on January 12, 2009. (mmclc2, COURT STAFF) (Filed on 1/12/2009)

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile [phone]

ANDREW C. SCHWARTZ, ESQ. (SB# 64578) CASPER, MEADOWS, SCHWARTZ & COOK A Professional Corporation California Plaza 2121 North California Blvd., Suite 1020 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: 925-947-1131 PATRICK W. EMERY, ESQ., SB# 061050 ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200 P.O. Box 1566 Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile: 707-542-2589 Attorneys for Plaintiffs Estate of Jeremiah Chass, Mark Chass, Yvette Chass, and I.C., a minor, by and through his Guardian Ad Litem, Yvette Chass

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ESTATE OF JEREMIAH CHASS, MARK CHASS, YVETTE CHASS, and I.C., a minor, by and through his Guardian Ad Litem, YVETTE CHASS, Plaintiffs, v. COUNTY OF SONOMA, BILL COGBILL, in his individual capacity and in his official capacity as Sheriff for the COUNTY OF SONOMA, SONOMA COUNTY DEPUTY SHERIFF JOHN MISITA, SONOMA COUNTY DEPUTY SHERIFF JIM RYAN, and DOES 1 through 50, Defendants. ____________________________________/ Plaintiff YVETTE CHASS's Petition for Minor's Compromise came before this court, the Honorable Maxine Chesney presiding on this date. Petitioner appeared through counsel Andrew papers Schwartz, Esq. and Patrick Emery, Esq. The Court, having read and considered the pleadings filed Case No. CV08-0111 MMC AMENDED [PROPOSED] ORDER APPROVING PETITION FOR MINOR'S COMPROMISE Date: January 9, 2009 Time: 9:00 a.m. Courtroom: 7 Honorable Maxine M. Chesney Trial Date: June 29, 2009

-1AMENDED [PROPOSED] ORDER FOR APPROVAL OF MINOR'S COMPROMISE

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile [phone]

in support of the Petition, including the declaration of Yvette Chass, and having considered the comments of counsel, now makes the following findings and orders: 1. Petitioner is the mother and regularly appointed Guardian ad Litem of Plaintiff I.C.,

who is a minor in this action. 2. 3. Plaintiff I.C. is an eight -year-old boy, born May 8, 2000. This action arises out of the shooting death of decedent Jeremiah Chass, Plaintiff

I.C.'s brother, on March 12, 2007 by members of the Sonoma County Sheriff Department. 4. I.C. did not suffer physical injuries as the result of this occurrence, and was not

treated by medical doctors for physical injuries received during the course of this event. At the time the minor's brother was shot and killed, the minor was out of harms' way and did not personally witness the shooting. The minor's father, Mark Chass, was present at the scene of the shooting and witnessed his son being shot. 5. The law firm of Casper, Meadows, Schwartz & Cook and the law firm of Abbey,

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Weitzenberg, Warren & Emery, have represented Plaintiffs in this matter. Plaintiffs' attorneys were Petitioner not recommended to Petitioner by Defendants, and Petition has no business or other relationship with Defendants and will receive no compensation from the settlement of the minor's claim. Plaintiffs' attorneys will be paid pursuant to their contingent fee agreement by Mark and Yvette Chass., out of the settlement funds allocated to said plaintiffs and not out of funds allocated to the minor plainiff.

Petitioner Plaintiff has represented that defendants have offered to pay $1,750,000.00 to all Petitioner Plaintiffs in consideration of a dismissal with prejudice and a full release in this matter. Plaintiff has
6. further recommended that $100,000 of the settlement funds be allocated to I.C.'s claim., as follows: The entirety of 7. It is ordered that the $100,000 of the settlement funds allocated to the minor be used to purchase an annuity for said minor plaintiff, yielding the following benefits to that minor: a. 4 Year College Fund. $7,500 paid semi-annually ($15,000 per year), guaranteed

4 years, commencing on 07/15/2018 and ending 01/15/2022, guaranteed payout of $60,000; and $1,500 per month ($18,000 per year), guaranteed 4 years, commencing on 08/15/2018 and ending

-2AMENDED [PROPOSED] ORDER FOR APPROVAL OF MINOR'S COMPROMISE

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile [phone]

07/15/2022, guaranteed payout of $72,000 (paid ages 18-21, not paid on birthday). Total combined annual payment is $33,000 per year. b. 8. plaintiff. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: 1. 2. The settlement on behalf of I.C. is hereby approved. The Defendants are hereby authorized and directed to pay through Ringler Guaranteed Lump Sum. At age 25, on 05/08/2025, payment of $87,600.00. The settlement on behalf of the minor plaintiff is in the best interests of the minor

Associates the sum of $100,000, for the purchase of an annuity for the benefit of I.C., said annuity to make payments to the minor as set forth in this Order.

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DATED: January 12, 2009 Honorable Maxine M. Chesney UNITED STATES DISTRICT COURT JUDGE Northern District of California

-3AMENDED [PROPOSED] ORDER FOR APPROVAL OF MINOR'S COMPROMISE