CB Equities, LLC v. American Brokers Conduit Corporation

Filing 8

Order by Magistrate Judge Donna M. Ryu granting 5 Stipulation.(dmrlc2, COURT STAFF) (Filed on 11/26/2012)

Case4:12-cv-05449-DMR Document5 Filed11/19/12 Page1 of 5

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NIKHIL BHATNAGAR (SBN #275569)
11639 Birch Spring Ct.
Cupertino CA 95014
Tel: [phone]
[e-mail]
Attorney for Plaintiff
CB EQUITIES, LLC
ALLA BARBALAT (SBN #278975)
317 Washington St., Ste. 124
Oakland, CA 94607
Phone: [phone]
Fax: [phone]
Attorney for Defendant
AMERICAN BROKERS
CONDUIT CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Oakland Division

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Case No.: C-12-5449

CB EQUITIES, LLC, a Wyoming Limited
Liability Company,

JOINT SETTLEMENT STIPULATION
AND [PROPOSED] JUDGMENT

Plaintiff,

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vs.
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AMERICAN BROKERS CONDUIT
CORPORATION AND DOES 1-10,
Defendants.
Pursuant to Civil Local Rule 7-12, Plaintiff, CB EQUITIES, LLC (“Plaintiff”), and
Defendant, AMERICAN BROKERS CONDUIT CORPORATION (“Defendant”) hereby

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stipulate to a settlement as follows.
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WHEREAS, a certain deed of trust dated January 24, 2007, and recorded on January
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30, 2007, as Document Number 2007-0028086-00 (“deed of trust”), designates
AMERICAN BROKERS CONDUIT CORPORATION as the lender therein;
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JOINT SETTLEMENT STIPULATION AND [PROPOSED] JUDGMENT, CASE NO. C-12-5449

Case4:12-cv-05449-DMR Document5 Filed11/19/12 Page2 of 5

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WHEREAS, the deed of trust purports to secure a loan against the property known as 223
Verde Mesa, Danville, California.
WHEREAS, AMERICAN BROKERS CONDUIT CORPORATION never loaned money
with respect to the deed of trust;
WHEREAS, AMERICAN BROKERS CONDUIT CORPORATION has no objection to
this Court’s Judgment expunging, cancelling and nullifying the deed of trust upon the terms
hereinafter set forth;
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND JOINTLY

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REQUEST, by and through their respective counsel of record, as follows:
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1.

Upon the Court’s entry of Judgment upon this Joint Settlement Stipulation and

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Proposed Judgment, and in consideration of the same, each party releases the other party and
their parents, subsidiaries, divisions, affiliated corporations, trustees, directors, officers,
stockholders, partners, agents, servants, employees, representatives, attorneys, heirs, executors,

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administrators, successors and assigns, on any and all other claims, debts, liabilities, demands,

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obligations, promises, acts, agreements, costs, expenses, damages, actions, and causes of action,

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of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, from the

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beginning of time to the date of entry of Judgment upon this Joint Settlement Stipulation and

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Proposed Judgment, and thereafter to the consummation of settlement with respect to all

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interactions and transactions between these parties upon which Case No. C-12-5449 is based,

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including any claims of malicious prosecution and abuse of process.

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2.

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12-5449.

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3.

Each party shall bear its own costs and attorney’s fees incurred in Case No. C-

Each party expressly agrees to waive appeal of Case No. C-12-5449 and each

party agrees that the Judgment herein will be final for all purposes.
4.

Each party hereto warrants and represents that they have read and that they

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JOINT SETTLEMENT STIPULATION AND [PROPOSED] JUDGMENT, CASE NO. C-12-5449

Case4:12-cv-05449-DMR Document5 Filed11/19/12 Page3 of 5

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understand all of the provisions contained herein.

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5.

This Joint Settlement Stipulation and Proposed Judgment is signed freely by each

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party. Each person signing below in a representative capacity for a party has authority to bind

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that party.

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6.

Each party hereto represents and warrants that they have consulted with their

own attorney concerning and participated in the drafting of each of the terms contained in this
document. No inference, assumption, or presumption shall be drawn from the fact that one
party or its attorney prepared this Joint Settlement Stipulation and Proposed Judgment.

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7.

It shall be conclusively presumed that each party participated in the preparation

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of this Joint Settlement Stipulation and Proposed Judgment.
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8.

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be governed by the laws of the State of California.
9.

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Each party hereto agrees that this document, and the interpretation thereof, shall

The site of venue for all purposes in interpretation and enforcement of this

Agreement is in Contra Costa County, California.
10.

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Each of the parties hereto understands that each of the terms and conditions set

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forth herein are contractual and material to this Joint Settlement Stipulation and Proposed

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Judgment as a whole, and that none of the terms or conditions contained herein is a mere

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recital.

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11.

This Joint Settlement Stipulation and Proposed Judgment is the entire agreement

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between the parties. If any part of this Joint Settlement Stipulation and Proposed Judgment is

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determined to be unenforceable, the remaining provisions shall be enforced.

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12.

This Joint Settlement Stipulation and Proposed Judgement may be executed in

counterparts, each of which will be deemed an original. Facsimile signatures will have the same
force and effect as original signatures.
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Each party shall, upon the other's reasonable request, take all steps and execute,

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JOINT SETTLEMENT STIPULATION AND [PROPOSED] JUDGMENT, CASE NO. C-12-5449

Case4:12-cv-05449-DMR Document5 Filed11/19/12 Page4 of 5

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acknowledge, and deliver to the others all further instruments necessary or expedient to

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effectuate the purposes of this Joint Settlement Stipulation and Proposed Judgment.

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14.

performance of this Joint Settlement Stipulation and Proposed Judgment or which would
adversely affect any of the rights provided herein.

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ATTESTATION PER GENERAL ORDER 45

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Each party will further not take any action which would interfere with the

I, Nikhil Bhatnagar, am the ECF User whose ID and password are being used to file this
Joint Settlement Stipulation and Proposed Order. In compliance with General Order 45, X.B., I

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hereby attest that the counsel listed above have concurred with this filing.
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SO REQUESTED AND STIPULATED:
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Dated: November 15, 2012

NIKHIL BHATNAGAR

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By: /s/ Nikhil Bhatnagar
Nikhil Bhatnagar
Attorney for Plaintiff
CB EQUITIES, LLC

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Dated: November 15, 2012

ALLA BARBALAT

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By: /s/ Alla Barbalat
Alla Barbalat
Attorney for Defendant
AMERICAN BROKERS CONDUIT
CORPORATION

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///

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///

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///

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///

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///
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JOINT SETTLEMENT STIPULATION AND [PROPOSED] JUDGMENT, CASE NO. C-12-5449

Case4:12-cv-05449-DMR Document5 Filed11/19/12 Page5 of 5

JUDGMENT

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PURSUANT TO STIPULATION, IT IS SO ORDERED, ADJUDGED AND
DECREED:
The deed of trust dated January 24, 2007, and recorded on January 30, 2007, as
Document Number 2007-0028086-00 is hereby expunged, cancelled and nullified.

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November 26
Dated: ________________, 2012

UNITED STATES DISTRICT COURT

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BY:___________________________________
Hon. Donna M. Ryu
United States Magistrate Judge

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JOINT SETTLEMENT STIPULATION AND [PROPOSED] JUDGMENT, CASE NO. C-12-5449

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