HomeMy WebLinkAbout06321 - DANIEL TEUTLE, JORGE LEBRON, ANIMAL LEGAL DEFENSE FUND GENERAL RELEASE AND SETTLEMENT AGR GENERAL RELEASE AND SETTLEMENT AGREEMENT
DANIEL TEUTLE,et air v. CffY.OF PALM SPRINGS et al.
RCSC Case No: INC1103235
This general release and settlement agreement [hereinafter "Agreement"] is entered into
between Plaintiffs DANIEL TEUTLE, an individual; LUCY TEUTLE; an individual; JORGE
LEBRON,an individual; ANIMAL LEGAL DEFENSE FUND, a non-profit organization, and
their agents, attorneys, servants, employees; representatives, and successors in interest
[hereinafter "PLAINTIFFS"], and Defendants CITY OF PALM SPRINGS, a public agency,
ALBERTO FRANK, Police Chief and an employee of Defendant CITY OF PALM SPRINGS,a
public agency, TEDD NICKERSON, an employee of Defendant CITY OF PALM SPRINGS, a
public agency, and FRIENDS OF THE PALM SPRINGS ANIMAL SHELTER, a non-profit
organization, their agents, officers, directors, attorneys, servants, representatives, employees,
predecessors, successors in interest, assignees, [hereinafter referred to as "DEFENDANTS"]
concerning the lawsuit which is the subject of Riverside County Superior Court Case No.
INC1105235 [hereinafter referred to as the "LAW3UIT.11. The above-named individuals and
entities are hereinafter collectively referred to as the "Parties, with respect to the litigation and
claims described below.
WHEREAS, the City of Palm Springs remains committed to providing animal control
and shelter services within the City of Palm Springs and has recently opened new shelter
facilities in the City.
WHEREAS,on or about April 19,20.11,Plaintiffs filed an action in the Riverside County
Superior Court, seeking a Writ of Mandamus against,'among others,Defendants, entitled Teuk
el al. v. City QLPalm Springs, el al:, Case No.INCU 03235 (the"Action");
Plaintiffs filed the Action primarily to ensure that the Palm Springs Animal Shelter(the
"Shelter")was operated in a humane manner and in compliance with California law and the Palm
Springs Municipal Code.
Defendants agree that the Shelter should be operated in a humane and legally compliant
manner and are committed to continuing to take steps to ensure this result.
Because Plaintiffs and Defendants share the same goals with respect to the humane and
legal operation of the Shelter, the Parties have agreed to resolve Plaintiffs' claims in this
Settlement Agreement, which, among other things, will assist Defendants in setting forth,
adopting and enforcing guidelines for the Shelter which will ensure that it is operated in a
humane and legally compliant manner.
WHEREAS, all parties wish to resolve all claims and defenses in the above-captioned
action,the parties represent as follows:
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831182.1
A. That they expressly have the authority to execute this Agreement, and that this
Agreement:as so execute&will be binding upon the Parties;:and.
B. That the representations set forth above shall,endure forever and shall survive the
execution of this Agreement and the settlement and dismissals of the action.
1. INTRODUCTION
The parties desire to.enter into this Agreement in order to provide for full settlement and
discharge of all claims between the Parties which have arisen, may arise and/or could arise, out
of the subject claim,upon the terms and conditions set forth herein.
2. SETTLEMENT
The parties agree as follows:
A,. Euthanization Within Holding Period
The City of Palm Springs ,has established holding periods that are longer than the
minimum bolding periods set forth by applicable state laws and the City will not euthanize any
animal within such holding periods unless the animal is irremediably suffering (as defined in
Exhibit A attached_hereto), an unweaned newborn taken in without its mother, or an owner-
relinquished dog with a history of dangerous or vicious behavior that was documented by any
shelter prior to the date of the animal's present impoundment.
B. Veterinary Care
Unless an animal is irremediably suffering and is therefore promptly euthanized,the City
of Palm Springs will continue to provide prompt and reasonably necessary veterinary care up to
$250 to ill or injured animals.
C. Periodic Report
The City of Palm Springs will continue to prepare a monthly report, in a format attached
as Exhibit B, by the 15th business day of each month. The report will document all animals
impounded at the Shelter during the month,and will include information on the number
of animals adopted, redeemed by owners, cuthanized:or deceased. Each report will be posted on
the City of Palm Springs' website and provided to the City Council on a monthly basis. The
reports will be kept for a period of five(5)years.
D. Record Keening
The City of Palm Springs will maintain,with regard to each impounded:animal, a detailed
file including the following information, in accordance with U. Food& Ag. Code 32003, and
will retain all files for a period of three(3)years after the end of the animal's impoundment:
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(1) The date,breed and condition of the animalwhen impounded;
(2) The circumstances under which the animal was;impounded, i.e. whether
stray or owner-relinquished,and whether picked up or brought'in;
(3) The date and details of any medical treatment provided and the
circumstances surrounding that treatment,and the name of the veterinarian
of record;:
(4) The final disposition of the animal, e.g. euthanasia, owner redemption,
death,or adoption,and the date and details surrounding that disposition;
(5) The names of all personnel who medically treated, euthanized, or
impounded the animal;.and
(6) The name, address and phone number of the person who adopted the
animal.
E. Advertising
All Defendants will refrain from representing the Shelter as a"no-kill' shelter and will
instead provide accurate information about the euthanasia rates at the Shelter upon inquiry by
Plaintiffs and/or any member of the public.
F. Spay/Neuter Program
The City of Palm Springs will continue to spay and neuter all animals impounded at the
Shelter. If a cat:is determined feral pursuant to recognized testing protocols; the cat shall be
spayed or neutered and clipped, then released unless: (1) the cat is irremediably suffering or an
unweaned newborn without its mother; (2) the City Council reasonably determines that the
release of feral cats within the city poses a potential.health or safety risk to the public, domestic
animals, or any endangered or threatened species;or(3)the cost of spaying or neutering feral oats
exceeds funds budgeted for such costs as approved by the Council in its annual budget. Testing
protocols shall be referenced in any operations manual.
G. Volunteer Program
The City of-Palm Springs will continue with its volunteer program through which
volunteers may assist in the running_ of the Shelter. Any operations manual will include
guidelines for the volunteer program.
H. Foster Program
The City of Palm Springs will continue with its foster program through which animals
impounded at the Shelter may be released to temporary foster homes in order to increase their
chances for adoption. Any operations manual will include guidelines for the operation of the
foster program.
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1. Off-Site Adoption Program
The City of Palm Springs will continue with its off-site.adoptions through which animals
impounded at the Shelter 9611 be brought to the public to increase opportunities for adoption.
Any operations manual will include guidelines for the operation of the off-site adoption program.
J. Publidfomment
The City ofPahn Springs always encourages'public comment during which all members
of the public are invited to provide information about their experiences with the Palm Springs
Animal Shelter and Palm Springs Animal Control, as well as their suggestions for operations.
The City•of Palm Springs will also provide information on its website to inform the public of the
opportunity to make comments regarding the Shelter and will forward ail such comments to
ALDFevery 3 months.
K. Review Of Policies And Procedures; Operations Manual
The City of Palm.Springs will continue to renew and update its operations manual and by
January 31, 2013 will complete a comprehensive operations manual to be used in governing all
operations.of the Shelter and guiding the day-to-day activities of Shelter staff. The Shelter will
provide a draft of the manual to ALDF prior to January 31, 2013. The manual will include
policies and procedures on the following topics:
(1) Procedures for intake of animals, including instructions on the specific
information that must be recorded upon impound;
(2) Instructions on records to be kept with regard to impounded animals;
(3) The statutorily applicable holding:periods for impounded animals;
(4) The applicable rules for permitting animals to be made available for
adoption.
L. Staff Training
The City of Palm Springs will continue with its employee training and will ensure annual
employee training by the Shelter Director,that will include.training on all applicable,laws,proper
protocols and procedures; and guidance from the operations manual. Attendance at annual
training will be mandatory for all employees in Animal Control and.documentation of attendance
must be kept. Make-up training for employees who miss the annual training must be provided.
M. Display of Applicable Laws
The City of Palm Springs will, at all/or times during open hours,provide at the front desk
a booklet with copies of the laws applicable to the operation of municipal shelters. The copies
must include: 1) Palm Springs Municipal Code section 10.20.030; 2) California Food and
Agricultural Code sections 17005, 31008, 31752, 31752.4, 31754, 31683, 32001, 32002; 3)
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931182.1
California Penal Code sections 597.1 and 597f; and 4) California Civil Code sections 1834 and
1846. The sections will be updated according to changes in the law.
N. Enforcement
If Plaintiffs believe the City is in.non-compliance with the terms of this Settlement
Agreement,Plaintiffs,through their counsel, must provide written notice of any alleged breach to
the City Manager, City Attorney and Shelter Director. The notice must be accompanied by
supporting documentation. The City shall have 45 days to investigate and respond to Plaintiffs'
notice. If Plaintiffs believe that the City has failed to cure the alleged breach following notice
and response, the parties agree that the matter will be brought before the City's Appeals Board
who may make an advisory finding with respect to any alleged breach. Any finding by the City's
Appeals Board shall be inadmissible for any purposes in any proceedings before the Court to
enforce the Agreement under Code of Civil Procedure section 664.6.
O. Fees and Costs
Each side will bear their own costs and attorneys' fees.
P. Extinguishment of Claims
This stipulation contemplates and results in the extinguishment of any claims or causes of
action in the above-captioned case.
3. MUTUAL RELEASE
In consideration of the terms referred to herein, all Parties hereby fully and forever
completely release, acquit and discharge all Parties from any and all existing, whether known or
unknown, claims, costs, demands, damages, attorney fees; and rights which arise from, or are
directly or indirectly related to,or are connected with, or caused by,the LAWSUIT.
4. DISMISSAL
PLAINTIFFS shall cause their attorney to execute a Request for Dismissal, with
prejudice, dismissing Case No. INCI103235 against all Defendants subject to the stipulation
regarding Code of Civil Procedure section.664.6 attached as Exhibit C.
5. WAIVER OF SECTION 1542
There is a risk that, after the execution of this Agreement, the Parties will manifest new
damages, the scope, location, and character of which is unknown and/or not discovered at the
time this Agreement is signed. There is a risk that the damage of which the Parties and their
attorneys presently are aware may become more serious or otherwise increase in magnitude
(qualitatively and/or quantitatively). The Parties shall, and hereby do, assume the
above-mentioned risks. This release is expressly intended to cover and include all future
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damages; defects and discoveries, including.all rights and causes of action arising against the
Parties from events existing at the time of this Agreement, whether known or unknown. The
release does not apply to claims arising out of future conduct, except as to conduct specifically
governed by a provision of this Agreement: The Parties are aware of the provisions of California
Civil Code section 1542,which provide:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor."
The Parties hereby expressly waive the provisions of said Section 1542 as to all matters
within the scope of the claims released hereby. The Parties hereby wan-ant and guarantee that
they have full and complete authority to release all such claims on behalf of themselves, their
heirs,assigns,and successors in interest.
6. ASSUMPTION OF RISK
The Parties fully understand and declare that if the facts with respect to which this
Agreement is executed are found hereafter to be different from the facts now believed to be true,
The Parties assume the risk of such possible difference in facts and hereby agrees this Agreement
shall be in effect and shall remain in effect notwithstanding such difference in facts. The Parties
represent and covenant that they are fully informed regarding all facts related to this Agreement
and will not seek to void, rescind, set aside or alter this Agreement on an assertion of mistake of
fact or law.
7. NO ADMISSION OF LIABILITY
It.is expressly understood, acknowledged and agreed to by the Parties, that by reason of
entering into this Agreement,no party admits,expressly or impliedly,any fact or liability of any
type or nature with respect to any matter, whether or not referred to herein, or the sufficiency of
any claims, allegations, assertions, or positions of any party; no party has made any such
admissions; and this Agreement is entered into solely by way of compromise and settlement only.
8. NO PRIOR ASSIGNMENT OR TRANSFER
Each party to this Agreement represents and warrants there has been no assignment or
other transfer of any claims or causes of action which they are releasing pursuant to the terms of
this.Agreement.
9. MISCELLAN FOUS PROVISIONS
A. Entire Agreement: This Agreement constitutes the full and entire Agreement
between the Parties hereto and such Parties acknowledge that there is no other Agreement, oral
and/or written, between the Parties hereto.
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8311811
B. Authority to Enter Agreement: This Agreement is the result of arms-length
negotiations.
C. Final Agreement: The Parties acknowledge that (1) this Agreement and its
reduction to final form is the result of extensive good faith negotiations between the Parties
through their respective counsel; (2) saidi counsel have carefully reviewed and examined this
Agreement for execution by the Parties, or any of them.
D. Binding Agreement:This Agreement is and shall be binding upon and shall inure
to the benefit of the 'predecessors; subsidiaries, successors,. assigns, parties, agents, officers,
employees,associates, legal representatives, heirs, executors and/or administrators of each of the
Parties hereto.
E. Interpretative Law: This Agreement is made and entered into in the State of
California and shall, in all respects; be interpreted,enforced and;governed by and under the laws
of the State of California.
F. Modifications: This Agreement may be amended or modified only by a writing
signed by all Parties to this Agreement.
G. Paragraph Headings: Paragraph headings are for reference only and shall not
affect the interpretation of any paragraph hereto.
H. No Inducement: The Parties warrant that no promise or inducement has been
made or offered by any of the Parties, except as set forth herein, and that this Agreement is not
executed in reliance upon any statement or representation of any of the Parties or their
representatives, concerning the nature and extent of the injuries, damages or legal liability
thereof. PLAINTIFFS further represent that they have been.represented by legal counsel during
the course of the negotiations leading to,the signing of this Agreement, and she has been advised
by legal counsel with respect to the meaning of this Agreement and its legal effect.
I. Countaparts: This Agreement may be executed in counter-parts with the same
effect as if all original signatures were placed on.one document and all of which together shall be
one and the same Agreement.
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EXHIBIT A
EXHIBIT A
IRREMEDIABLY SUFFERING
(1) An"irremediably suffering"animal is an animal with a medical condition that has
a poor or grave prognosis for being able to live without severe, unremitting pain despite
necessary veterinary care.
(2) "Irremediable suffering" may include: end stage renal failure, panleukopenia
(feline distemper) in kittens, canine parvovirus in puppies; severe blood loss, unconsciousness,
severe head trauma and unmanageable pain.
(3) None of the following symptoms, standing alone, constitute "irremediable
suffering": diarrhea, vomiting, skin conditions such as ringworm or mange, ocular infection or
conjunctivitis, nasal discharge, coughing or gagging,labored respiration which can be stabilized,.
and arthritis or weakness. A combination of any of these symptoms is not necessarily
"irremediable suffering" unless the animal cannot live without severe, unremitting pain despite
necessary veterinary care.
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ssi tsz.i
EXHIBIT B
Animal Control Monthly Activities
October 2011
Activity
Dog Cat Other Total m
impounded (a
106
Stray 92 126 2 M
owner turn in 2 W
Claimed 13 2 0
Adopted - 40. 3 1
Tranfered 0 22 1
Died 0 4
Released 0 3 0
Escaped 0 0 0
stolen 0 0 0 quarantined 00 Destroyed 430 12 4 0 Dead Animals Collected 7Field Calls Handled 6 6
334
assist other departmenr 2
bite investfgations Euthanasia . Euthanisia
' 6 Illness/Medical L
Dog 10
tnue7rkinvesriga tabor P1 _.
complaints filed Dog 2Cat 0
0 Cat 4Other
ci rations/arrests 0 Other 0
,4dmin Cites 0
p 10
court cites Total 5
0
.noisy animal 21
loose dog com07aint 96 OTI:Why'7(1)
aeadAnima7 ca7:7s 21 Movingtransport (to vet, etc) 40 Landlord[ease 7aw violations Euthanisia Too.big
6 Unadoptable Childrentraps ( setting, checking, tTearing)- 0 checks (offensive anima7s /odors erc) 5 CatDog0 Too manyInvestigari ve fo7JoWups 2 Cat 0 IllnessWi7dWee 1 Other 0 Aggress(ve00
Educarion 14 Total
Licenses issued @shelter 0 Behavior 3 1
129 LY 81 .Licenses issued @ City Ha71 , D Feral trapped 21
TOTAL 14 23
Anima/ Control Monthly Activities October 2011
'�� 1� }pop��aj
Other s =J Le 76
Veterinarian
narian Disposal oJ
Parks (�
victoria 5 Mist;Information
Ruth Hardy q
Demuth 6 Move to new shelter
Desert Highland 2 10-10,11,12
Frances Stevens 2 Volunteer Hrs
earisto 2
sunrise Plaza 6
rolal 27
Wage Personnel staffing,
92. 590 Holidays 0
204799 ,293 Illness
Other- 80 Vacations g
Total 983 Court(hours) 0
Canvassing
Office 0
Field- 2fi
Financial Rcport
. rees Collected
shelter Fee 51,572.00. $280.00 Si,852.00
Neuter/Spay $0.00 $D.0050.00
Dog licenses at shelter $1,71700 $0.00 $0.00 S1,T12:00
Dog licenses at City Hall.
7`aral Feu S3,289.00 S280.00 $0,00
Completed By Todd Nickerson1110111i Pg.2/2
EXHIBIT C
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11632 R Cmlao Red,"t*400
4 Sau Dlegp,C*Hfoiaia 92130.7.092
5 Fao c 85009.6040
6 Atoamey%for P AtIM
? C�LBOAL JOR E P[1N15
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8 W00DRUFF,X*ADLJN`&SMART,AP0
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9 obyupe@vss.>�.com
555 Anton1200
10 COataMeeh,Caidn 9�2626
TatScme 714558.7000
Ll Faci�mdc: 714.835.T787
12 Attaurya forWondmts
CITY OF PAIM SPRINGS,ALBERTO FRAN7a
13 TSDD NICKBRS0N and FRMNDS OF THE PALM
14 SPRINM ANW&L SHELTER
15
16 SUPBMOR COURT OF THE STATE OF CALWORMU
17 COUNTY OF MVERSIME,INDl0 BRANCH
DANIEL TEt1'I1,H,an individual;LUCY Coe-'Ne. IKC1103235
18 TEUT)F,an b&vidusll KAT1AMM
KWSXER,as lndlvido L;ORGE LHBRON, + 6T1P9jl.AnoX AND p*OPOMI
19 duhL AND4AL LBCsAL DBFpNSE 1 ORORR.RE gETILMEhr pURsaA�vT a non•proSt otgantadoty
20 'L'0C41f)$oRCIV[L1'kOMpRE
21 BALMiDN 664.6
V.
22
MY OF PAWSPR1NGS;PALM SPRINGS
23 POLICE DEPARTMENT;PALM WMrS
ANIQy a CONTROL;ALBERTO MAN7,In
24 his-offiwv)cVscgy as 9io Chief of Police,City
afPalm SpdngqD NICKM WX In his
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Dedwdanty.
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DEPENDANTCM OF PALM SPRIN(M
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11 $PR7NCrSA'Ft1HiA;[.
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u Dited: May_,_,2012
TRAL)1"MAN SANDERS LLP
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25 AV�o�m� ey!for twhaft
26 I)ANO L TWTrLF,LUCy TBUCG$, toRGE
MROK,and ANIMAL LWAL M?M`$9
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i Dated: May_,2012 PLAIN IT ANIKAL LEGAL D'EFHb1SE
2 Fi1ND
3 BY:
4 Steve wos
5 ITS: .
6 Dated: May^,2012 USFEh*DANT CITY QP PALtvt SPRINGS
7
9 ITS; _
LD Dated May ,2012 D.EMMANf]:B]I?MS-CiF TtEPAM
11 SPRINQ3 AN1i M SHELTER
12 BY:—
13
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13 Dated: May__.,2012 MI'MDAWALBLRTOMANZ
16 BY:
17 - Alberto kxiwz
18 Dated: May L6.,2012
RT
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20 1 'erstrit o ,
21 Ro*&t'ultysubmitted,,
22 Dated: May.,_,2017
T1IA1I1.loiA1J sANIJ13tS r LF
BY:
24 Evaa DwIat3BN?Al()z7)
25 Atton,eys fo P dill
DANIEL 91i' ,Lucy TBUTLI;,rDBOB
26 LEBRON,end ANIlvfAL LBOAL DEFENSE
27 MD
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9TIPMATIONANDfPRG4'OSFDJORDfi1LpEMWANTTOOODBOFcnnLPROC DilltgSEC77QNeaa.&
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I Dated. l y 16 2012 WOODRUM SPRADLA$&SMART,APC
2
3 umline ByrittpBM 196541)
4 Attorneys for Dtftatdants
CITY OC PALM SPRING$,ALDERTQ
5 FRAN7. TEDD•NICXWksON attd bmmg
OF THE PALM SPRINOS ANIlAAL
6 SHELTER
7
ORDEI
9 The Court has reviewed the WPUIU#on of 3ettl=Vnt between Plaint ft and Drfwdairts
16 and tho 5etdtment Aweeme:nt attached hmw as fthlbit A. Putsuant to Code of Cfvo Ptoeeftc
11 664.6 and the patties' mquat,the Court:shali retainimi- fiction to cnforee the terms ofthe
12 Settlement Agmmeat after the Action is dismissed.
IT I,S SO ORDFYM
13
14 DATED:
15 tlJbGir OF THE SUPERIOR COURT
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MPULAMV Alab IPROPOSEbl ORDER PURSU�OpG QIr CN11„PROCLUURE SEC7TON 664.E
e ISJ
JLL-10-2012 13-25 `,-,0jTKpq 'S*DERS �� 1 619 231 0561 P.36
I Daniel7'eude,et aL x 4 Fry of palm Springs,eral
2 Riverside(Indio)Superior Couit Case No.INC1Y03235
3 FiiQOF OF SERVICE BY MAIL
4 I hereby certify that,on July 5,2012,a true and correct copy of the doamrent entitled:
5 STnTLATIONAND (PROPOSEIII ORDER RE913TTLF.MENT
6 PURSUANT TO CODE OF CWM PROCEMPM SECTION 664.6
.7 was transmitted to the following parties and counsel of record,via U.S.Mail:
8 Ca* I A.Byrne Attorneys for Defeaidants
Woodruff,Spradiin&Smart MOW PALM SPRINGS,PALM
9 555 A�oii Boulevard,Suite I200 SPRINGS ANIMAL CONTROL,
Costa Mesa,CA 92626 PALM SPRINGS POLICE
10 Telephone: ((714 558-7000 DEPARTMENT,ALBERTO
Facslmilo: (714�835-7787 FRANZ,TEDD NICKERSON,AND
I 1 Email: cbyme@wss-Iaw.cdm FRIENDS OF THE PALM
SPRINGS ANIMALSHMTSR
12
13 I declare under penalty of perjury under the laws of the United States of America that the
14 foregoing is true and correct.
I5 Executed on July 5,2012,at San Diego,California.
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