State Farm Life Insurance Company v. W. et al

Filing 14

ORDER RE: COMPROMISE OF DISPUTED CLAIM re 10 Stipulation and Judgment in Interpleader and Dismissal filed by State Farm Life Insurance Company. Signed by Judge Joseph C. Spero on 8/24/11. (klhS, COURT STAFF) (Filed on 8/25/2011)

1
2
3
4
5
6

Robert R. Pohls (California Bar #131021)
Kenneth Perscheid (California Bar #120962)
POHLS & ASSOCIATES
1550 Parkside Drive, Suite 260
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]

EXHIBIT A TO THE
STIPULATION AND ORDER RE
COMPROMISE OF A DISPUTED
CLAIM AND RE ENTRY OF
JUDGMENT IN INTERPLEADER
AND DISMISSAL

Attorney for Plaintiff
State Farm Life Insurance Company

7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

STATE FARM LIFE INSURANCE
COMPANY,

11

Plaintiff,

12
13
14

vs.

Case No. 11-CV-02567-JCS
ORDER RE COMPROMISE OF A
DISPUTED CLAIM AND RE STIPULATED
JUDGMENT IN INTERPLEADER AND
DISMISSAL

B.W., a minor; A.W., a minor; and J.W., a
minor,
Defendants.

15
16

Having reviewed the parties’ Stipulation re Compromise of a Disputed Claim and

17
18

re Entry of Judgment in Interpleader and Dismissal, and it appearing that plaintiff State

19

Farm Life Insurance Company ("State Farm") has brought this action in interpleader,

20

that this Court has jurisdiction of the parties and of the subject herein, and that good

21

cause appears therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

22

1. State Farm properly filed its First Amended Complaint in Interpleader

23

herein, and this is a proper cause for interpleader;

24

2. By reason of the death of Christian Williamson on or about January

25
26

21, 2011, the sum of $325,000.00 (the "Insurance Proceeds") became payable

27

under State Farm’s life insurance policy number LF-2090-5799 (the "Policy");

28

///
ORDER RE COMPROMISE OF A DISPUTED CLAIM AND RE
STIPULATED JUDGMENT IN INTERPLEADER AND DISMISSAL
Case No. 11-CV-02567-JCS

Page 1

1

3. B.W., A.W. and J.W. are minors, and each claim all or some portion of

2

the Insurance Proceeds that are payable under the Policy, and no other person

3

or entity has made a claim to the Insurance Proceeds;

4
5

4. This is the compromise of a disputed claim involving minors and a
proposed distribution of Insurance Proceeds;

6

5. Having read and considered the stipulation herein, the Court finds that

7

the best interests of the minors would be served by compromise of their

8

respective claims to the Insurance Proceeds;

9

6. Nicole Goodman is the mother of B.W. On May 11, 2011, Nicole

10

Goodman was appointed guardian of the estate of B.W. by the Superior Court of

11

California, County of Contra Costa;

12

7. Suzanne Williamson is the mother of A.W. and J.W. Suzanne

13

Williamson will, and hereby is directed to, file the necessary paperwork with the

14

Superior Court of California, Los Angeles County, Probate Division to be

15

appointed guardian of the estates of A.W. and J.W. no later than September 1,

16

2011;

17

8. Pursuant to California Probate Code Section 2328(b)(2), Suzanne

18

Williamson will, and hereby is directed to, open a separate blocked account for

19

A.W. and J.W. in a California financial institution in advance of her appointment

20

as guardian.

21

9. State Farm be and hereby is awarded the sum of $7,204.00 for its

22

costs and reasonable attorneys fees incurred in connection with this action, and

23

State Farm shall deduct and retain such amount from and out of the Insurance

24

Proceeds;

25

10. A.W. be and hereby is awarded the sum of $38,199.00, and State

26

Farm hereby is directed to pay that sum from and out of the Insurance

27

Proceeds, by check made payable to “Suzanne Williamson, as custodian for

28

A.W. under the California Uniform Transfers to Minors Act” and delivered by
ORDER RE COMPROMISE OF A DISPUTED CLAIM AND RE
STIPULATED JUDGMENT IN INTERPLEADER AND DISMISSAL
Case No. 11-CV-02567-JCS

Page 2

1

State Farm via first class mail to: Suzanne Williamson, 3130 Hutchison Avenue,

2

Los Angeles, CA 90034;

3

11. J.W. be and hereby is awarded the sum of $38,199.00 and State

4

Farm hereby is directed to pay that sum from and out of the Insurance

5

Proceeds, by check made payable to “Suzanne Williamson, as custodian for

6

J.W. under the California Uniform Transfers to Minors Act” and delivered by

7

State Farm via first class mail to: Suzanne Williamson, 3130 Hutchison Avenue,

8

Los Angeles, CA 90034;

9

12. Upon receipt of the checks described in paragraphs 10 and 11,

10

above, Suzanne Williamson will, and hereby is directed to, deliver those checks

11

for deposit into the aforementioned blocked accounts for both A.W. and J.W.,

12

and obtain and file with the court a written receipt of the deposit, as well as the

13

agreement of the financial institution that the money deposited, including any

14

earnings on the money, must not be allowed to be withdrawn except on

15

authorization of the court;

16

13. B.W. be and hereby is awarded the remaining Insurance Proceeds,

17

including any interest which may have accrued on the Insurance Proceeds, and

18

State Farm hereby is directed to pay that sum by check made payable to “Nicole

19

Goodman, Guardian of Estate of B.W.” and delivered by State Farm via first

20

class mail to: Barbara E. Scramstad, Esq., 2860 Howe Road, Suite 101,

21

Martinez, CA 94553;

22

14. Upon entry of this Order re Compromise of a Disputed Claim and re

23

Stipulated Judgment in Interpleader and Dismissal, and upon State Farm’s

24

payment of the sums described in paragraphs 10, 11 and 13 above, this matter

25

will be concluded in its entirety, with each party bearing their own attorneys’ fees

26

and costs not specifically awarded herein.

27

///

28

///
ORDER RE COMPROMISE OF A DISPUTED CLAIM AND RE
STIPULATED JUDGMENT IN INTERPLEADER AND DISMISSAL
Case No. 11-CV-02567-JCS

Page 3

1

IT IS FURTHER ORDERED that State Farm and the guardians of B.W., A.W.

2

and J.W. be and are hereby authorized to compromise the claims of the minors, and

3

that the Insurance Proceeds be disbursed as described above.

ER

R NIA

A

H

9

pero

S
seph C.

Judge Jo

FO

RT

8

__________________________________
UNITED STATES MAGISTRATE JUDGE
NO

7

08/24
DATED: ______________, 2011

LI

6

UNIT
ED

5

ISTRIC
ES D
TC
AT
T

RT
U
O

S

4

N

F
D IS T IC T O
R

C

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER RE COMPROMISE OF A DISPUTED CLAIM AND RE
STIPULATED JUDGMENT IN INTERPLEADER AND DISMISSAL
Case No. 11-CV-02567-JCS

Page 4