State Farm Life Insurance Company v. Ablaza

Filing 65

AMENDED JUDGMENT (approving 64 ). Signed by Judge Beth Labson Freeman on 3/27/2024. (blflc1, COURT STAFF) (Filed on 3/27/2024)

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1 2 3 4 5 John E. Walker, SBN: 166270 E-Mail: jwalker@sacrowalker.com SACRO & WALKER LLP 700 North Brand Boulevard, Suite 610 Glendale, California 91203 Tel.: (818) 721-9597; Fax: (818) 721-9670 Attorneys for Plaintiff STATE FARM LIFE INSURANCE COMPANY 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 STATE FARM LIFE INSURANCE COMPANY, an Illinois corporation, ) Case No. 5:20-cv-06519-BLF ) ) [PROPOSED] AMENDED Plaintiff, ) JUDGMENT ) vs. ) ) MICHAEL R. ABLAZA, an individual;) and JAIME GARCES, the ) Administrator of the Estate of Maribeth ) Garces Ablaza, ) ) Defendants. ) ) ) 20 21 22 23 24 25 26 27 28 1 [PROPOSED] AMENDED JUDGMENT Case No. 5:20-cv-06519-BLF 1 Plaintiff State Farm Life Insurance Company (“State Farm”) and defendant 2 Jaime Garces, Administrator of the Estate of Maribeth Garces Ablaza, through their 3 counsel, have stipulated to entry of an amended judgment to clarify that interest 4 accrued on the funds interpleaded by State Farm is payable to Jaime Garces as 5 Administrator of the Estate of Maribeth Garces Ablaza. 6 stipulation of the parties and good cause appearing therefore, IT IS HEREBY 7 ORDERED AND ADJUDGED as follows: 8 A. Having reviewed the On March 7, 2023, Judgment was entered against defendant Michael 9 Ablaza in this action following a felony conviction against him for causing the death 10 of Maribeth Garces Ablaza (the “Insured”). The conviction disqualified Michael 11 Ablaza from entitlement to any of the insurance proceeds at issue in this interpleader 12 matter. 13 B. The life insurance proceeds State Farm deposited into the Court registry 14 shall be distributed forthwith by the Clerk as follows: (1) $12,000.00 shall be paid 15 to State Farm Life Insurance Company as partial reimbursement for its reasonable 16 attorney’s fees and costs incurred in bringing this interpleader action; and (2) the 17 remaining balance on deposit with the Court (after deducing the $12,000.00 payment 18 to State Farm), including all interest accrued on the interpleaded funds, shall be paid 19 to Jaime Garces, Administrator of the Estate of Maribeth Garces Ablaza. 20 C. Defendants Michael R. Ablaza and Jaime Garces, the Administrator of 21 the Estate of Maribeth Garces Ablaza are enjoined by the Court from instituting or 22 prosecuting any proceeding, including without limitation in any State or United States 23 district court, with respect to State Farm policy number LF-3554-3706 (the “Policy”) 24 insuring the life of Maribeth Garces Ablaza or the life insurance proceeds deposited 25 with the Court in this action. 26 D. State Farm is discharged from any further liability relating to the Policy 27 or payment of the death benefit attributable to the Policy, including interest due 28 thereon or otherwise. All claims that could have been raised against State Farm 2 [PROPOSED] AMENDED JUDGMENT Case No. 5:20-cv-06519-BLF 1 relating to the Policy, payment of the Policy death benefit, interest on the Policy death 2 benefit or otherwise in connection with the Policy, including without limitation any 3 unknown or unsuspected claims, are hereby dismissed with prejudice. 4 5 6 E. Except as provided in this Judgment, the parties are to bear their own attorney’s fees and costs. F. This is a final judgment in accordance with Fed. R. Civ. P. 54(b), there 7 being no just reason for delay. 8 March 27 Dated: _______________, 2024 9 10 11 ____________________________ Hon. Beth Labson Freeman UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] AMENDED JUDGMENT Case No. 5:20-cv-06519-BLF

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