HomeMy WebLinkAbout00345C - LOUISES PANTRY WESSMAN SONTAG JETER SETTLEMENT Louise ' s Pantry Inc/Wessman
Develop. , et al
Settlement AGR
-�M� AGREEMENT #345C - City A3462
R962/M05480, 12-7-94
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is made and
entered into by and between the COMMUNITY REDEVELOPMENT AGENCY of
the CITY OF PALM SPRINGS, a public body corporate and politic, the
CITY OF PALM SPRINGS, a charter city (collectively the "City") ,
LOUISE' S PANTRY, INC. , a California corporation, SAMUEL SEAN
SONTAG, JR. , an individual, DAVID DETER, an individual
(collectively "Louise' s Pantry" ) , JOHN WESSMAN, an individual and
doing business as WESSMAN DEVELOPMENT COMPANY (collectively
"Wessman") , HEY ENTERPRISES, INC. , a California corporation (simply
"Hey" ) , and CRAIG YOUNT, an individual (simply "Yount" ) .
RECITALS
A. On or about October 1, 1986, Louise' s Pantry assumed
that certain Business Property Lease, dated March 17, 1977, as
amended on or about March 31, 1986 (the "Lease" ) , under the terms
of which Louise' s Pantry leases and hires those certain premises
commonly referred to as 124 South Palm Canyon Drive, Palm Springs,
California 92262 (the "demised premises") .
B. Under the terms of the Lease, Louise' s Pantry is
entitled to possession of the demised premises for a lease term
ending on August 31, 1995 .
C. Effective April 1, 1989, City (through its
Redevelopment Agency) acquired the right, title, and interest in
PS2\268\014084-0003\2117399.1 12/23/94 -1-
• 0
and to the portion of the Lease and the Sublessor of the demised
premises subject to the terms of the Lease.
D. Pursuant to that certain Redevelopment Participation
Agreement by and between City and Wessman, construction was
undertaken on that certain abutting and adjoining property commonly
referred to as the Plaza de las Flores . In connection with such
construction, Louise' s Pantry alleged that City, by and through
Wessman, caused certain damage to occur to the roof and related
mechanical equipment on the demises premises, which construction
resulted in damage in and to the demised premises.
E. On November 8 , 1992, Louise' s Pantry filed suit
against City, in that certain action entitled Louise' s Pantry. Inc.
v City of Palm Springs, Riverside County Superior Court Case No.
INDIO 67908 (the "Litigation" ) . City answered denying all of the
material allegations of the complaint. City further filed cross-
complaints against Wessman, Hey, and Yount, seeking contribution,
indemnity, declaratory and other appropriate relief on the basis,
in part, that Wessman, by and through Hey and/or Yount, caused any
and all damages alleged by Louise' s Pantry.
F. Wessman likewise filed a cross-complaint against
City and Louise' s Pantry also seeking contribution, indemnity,
declaratory and other relief in the Litigation on the basis, in
part, that any damages alleged by Louise' s Pantry were caused by
City and/or Louise' s Pantry. Louise' s Pantry, in turn, filed a
cross-complaint against Wessman for, among other things, negligence
in the construction of Plaza de las Flores resulting in alleged
damage to the demised premises.
F52\268\014084-0003\2117399.1 12/23/94 -2-
G. In the Litigation, Louise' s Pantry alleged that it
had suffered damages as a result of the wrongful acts of City, by
and through Wessman and/or its agents. City for itself, and for
its Redevelopment Agency, denied and disclaimed any responsibility
for the damages alleged in the Litigation. In addition, City
claimed that responsibility for any damages alleged by Louise' s
Pantry were caused by Wessman and/or Hey and/or Yount.
H. In or about June, 1993 , Louise' s Pantry and the City
settled the underlying complaint in the Litigation. Such
settlement obligated City, among other things, to repair the roof
of Louise' s Pantry, and pay certain sums as and for damages
suffered by Louise' s Pantry due to the damage and/or failure of the
roof on Louise' s Pantry.
I . The parties to this Agreement now wish to settle and
dismiss all remaining cross-complaints pending in the Litigation,
and to resolve all claims by and between them in the Litigation.
In so doing, no party to this Agreement admits to any liability to
or any of the claims of any other party, but rather the parties
enter into this Agreement solely to avoid the burden and expense of
further litigation between themselves .
AGREEMENT
NOW THEREFORE, in consideration of the above recitals and
the mutual promises and covenants hereinafter set forth, the
parties agree as follows :
PS2\268\014084-0003\2117399.1 12/23/94 -3-
1 . Pavment by Wessman. Hey & Yount.
Concurrently with the execution of this Agreement,
Wessman will cause to be delivered to City a settlement draft in
the total amount of $17, 750 . 00 . Concurrently with the execution of
this Agreement, Hey & Yount will cause to be delivered to City
their joint settlement draft in the total amount of $15, 000 . 00 .
2 . Payment by City.
Concurrently with the execution of this Agreement, City
will cause to be delivered to Louise' s Pantry its settlement draft,
made payable to Guralnick & Associates, in the total amount of
$5, 500 . 00 .
3 . Mutual General Releases .
Concurrently with the execution of this Agreement, the
parties will execute and deliver to each other that certain release
in the form attached hereto as Exhibit "A. "
4 . Dismissals of Cross-Complaints.
Concurrently with the execution of this Agreement and
Exhibit "A" hereto, and upon delivery of the drafts set forth in
Paragraph Nos . 1 and 2, above, City, Wessman, and Louise' s Pantry
will execute and deliver to legal counsel for Wessman requests for
dismissal of the remaining cross-complaints in the Litigation, with
prejudice, in the forms attached hereto as Exhibit °B. " Legal
counsel for Wessman agrees to hold such requests until being
telephonically advised that the drafts set forth in Paragraph Nos .
1 and 2 , above, have been deposited and credited to the appropriate
accounts . Upon being so notified, legal counsel for Wessman will
cause the same to be filed, entered, and will provide copies to
PS2\268\014084-0003\2117399.1 12/23/94 -4-
legal counsel for the parties in the Litigation of conformed copies
of such requests for dismissal as entered.
5 . Miscellaneous .
a. This Agreement and the attached Exhibits "A"
and "B" constitute the entire Agreement between the parties
pertaining to the subject matter hereof, and the final, complete
and exclusive expression of the terms and conditions of their
Agreement. Any and all prior agreements, representations,
negotiations, and undertakings made by the parties, oral or
written, express or implied, are hereby superseded and merged
herein. This Agreement may not be altered, amended, modified or
otherwise changed in any respect or as to any part, except by a
writing duly executed by all of the parties hereto. The parties
intend that this Agreement shall be complete and shall not be
subject to any claims of accident, mutual mistake, or mistake of
fact.
b. This Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and
assigns . No party to this Agreement may assign its rights or
obligations hereunder without the prior written consent of the
other party.
C. The parties hereto agree to do all acts, and to
execute and deliver all documents, which may be necessary,
convenient, or desirable to effectuate the provisions hereof.
d. Each party hereto represents and warrants to
each other party hereto that it has received independent legal
advice from attorneys of its own choosing with respect to the legal
P52\268\014084-0003\2117399.1 12/23/94 -5-
effect of this Agreement, and further represents and warrants that
it has carefully reviewed this entire Agreement and that each and
every term thereof is understood and that the terms of this
Agreement are contractual and not a mere recital . This Agreement
shall not be construed against the party or its representative who
drafted it or who drafted any portion thereof.
e. In the event that legal proceedings are
commenced to enforce any of the provisions of this Agreement or any
rights existing hereunder, in addition to any damages which may be
claimed, the prevailing party shall be entitled to an award of the
costs and reasonable attorneys' fees incurred by it in connection
with the prosecution or defense of such action.
f. No failure or delay on the part of any party to
this Agreement in enforcing any of the provisions of this Agreement
or in exercising any rights existing hereunder shall operate as a
waiver of such provisions or rights, or be deemed to affect an
amendment or modification of this Agreement.
g. This Agreement shall be governed and construed
in accordance with the laws of the State of California.
h. This Agreement may be executed in counterparts,
which together shall constitute a single agreement, and each of
which shall be an original for all purposes .
FS2\268\014084-0003\2117399.1 12/23/94 -6-
Executed as of the dates indicated below.
DATED: November 1994 CITY OF PALM SPRINGS, a charter
city
By:
Mayo
ATTEST:
;, , s
cR �� �e,7•'Y E�9
r w�'�r u�d. �. $ ri . 4.,tlN oA i�'OUN CIL
By By_, � U ct /
pity Clerk
DATED: No. !@per 1994 COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, a
public body corporate and
politic
;yWJlC'.V 27°u �u! ", " o l C� /��7/ G C/ By:
131, L
Chia an
ATTEST:
B -�--�
6 -, a( Secre-t:ary
DATED: November ,r 1994 LOUISE' S PANTRY, INC. a
California.-corporation
B
Title: 'z
DATED: November 1994 HEY ENTERPRISES, a California
corporation
By:
Title:
P52\268\014084-0003\2117399.1 11/17/94 —7—
Executed as of the dates indicated below.
DATED: November , 1994 CITY OF PALM SPRINGS, a charter
city
By:
Mayor
ATTEST:
By:
City Clerk
DATED: November 1994 COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, a
public body corporate and
politic
By:
Chairman
ATTEST:
By:
Secretary
DATED: November 1994 LOUISE'S PANTRY, INC. a
California corporation
By:
Title:
DATED: December _, 1994 HEY ENTERPRISES, a California
corporation
By
Title: ')
FS2\268\014084-0003\2117399.1 11/17/94 -7-
DATED: November v�G 1994 WESSMANN DEVELOPMENT COMPANY, a
By: C -
T trl.e: CAI/J7i✓�
DATED: November 1994L z z L- �•�r
j JOHN WESSMAN
DATED: November 1994
SAMUEL SEAN SONTAG, JR.
DATED: November 1994
DAVID JETER
DATED: November 1994
CRAIG YOUNT
APPROVED AS TO FORM:
Rutan & Tucker//, ,,
By:, ���l r^. —0/ .
David J. Al hire, Ntq.
City Attorney
Jenson & Roth
By: 11,2-c-i-9-1
James M. Roth, Esq.
Attorneys for John Wessman,
individually, and d/b/a
Wessman Development Company
Guralnick & Associates
By:
Wayne Guralnick, Esq.
Attorneys for Louise' s
Pantry, Inc . and Samuel
Sean Sontag and David
Jeter
PS2\268\014084-"3\2117399.1 11/17/94 -8-
0 0
DATED: November 1994 WESSMAN DEVELOPMENT COMPANY, a
By:
Title :
DATED: November 1994
JOHN WESSMAN
DATED: November IS 1994 ` •_d =^� �
SAMUEL SEAN SONTAGJJR.
f
DATED: November 1994
DAVID JEWYK
DATED: November 1994
CRAIG YOUNT
APPROVED AS TO FORM:
Rutan & Tucker
By:
David J. Aleshire, Esq.
City Attorney
Jenson & Roth
By:
James M. Roth, Esq.
Attorneys for John Wessman,
individually, and d/b/a
Wessman Development Company
Guralnipk & Associates
By:
-Wayn6 Guralnick, Esq.
Att4orneyf'for Louise' s
Pantry, ii:nc. and Samuel
Sean Sontag and David
Jeter
FS21268\014084-0003\2117399.1 11/17/94 -8-
DATED: November 1994 WESSMAN DEVELOPMENT COMPANY, a
By:
Title:
DATED: November 1994
JOHN WESSMAN
DATED: November 1994
SAMUEL SEAN SONTAG, JR.
DATED: November 1994
DAVID DETER
r�
DATED: December , 1994 p9v-� L; srq.Kt
C I ass' TFNT
APPROVED AS TO FORM:
Rutan & Tucker
By:
David J. Aleshire, Esq.
City Attorney
Jenson & Roth
By:
James M. Roth, Esq.
Attorneys for John Wessman,
individually, and d/b/a
Wessman Development Company
Guralnick & Associates
By:
Wayne Guralnick, Esq.
Attorneys for Louise' s
Pantry, Inc. and Samuel
Sean Sontag and David
Jeter
PS2\268\014084-0003\2117399.1 11/17/94 -8-
MacLachlin, rford & Arias
By.
g Harper, q.
At orneys for Hey
Enterprises, Inc. , and
Craig Yount
P52\2681014084-0003\2117399.1 11/17/94 -9-
MUTUAL GENERAL RELEASE
1. Parties . The parties to this Release are the
COMMUNITY REDEVELOPMENT AGENCY of the CITY OF PALM SPRINGS, a
public body corporate and politic, the CITY OF PALM SPRINGS, a
Charter City, LOUISE' S PANTRY, INC. , a California corporation,
SAMUEL SEAN SONTAG, JR. , an individual, DAVID JETER, an individual,
JOHN WESSMAN, an individual and doing business as WESSMAN
DEVELOPMENT COMPANY, HEY ENTERPRISES, INC. , a California
corporation, and CRAIG YOUNT, an individual .
2 . Definitions . For purposes of this Release, the
term:
(a) "Related Parties" of a Party includes each and
all of such Party' s respective predecessors, successors, and
assigns; each and all of such Party' s heirs and personal
representatives (if such Party is an individual) ; each and all of
such Party' s past, present, and future partners (if such Party is
a partnership) ; each and all of such Party' s past, present, and
future shareholders, directors, and officers (if such Party is a
corporation) ; each and all of such Party' s past, present, and
future elected or appointed public officials, public employees,
agents, and representatives (if such Party is a municipal
corporation) ; each and all of such Party' s agents, employees,
representatives, and attorneys; and each and all persons acting by,
through, under, or in concert with such Party or in concert with
any or all of the foregoing persons .
F52\268\014084-0003\2117399.1 12/23/94 -1 0-
(b) The "Claim" means and refers to that certain
litigation entitled Louise' s Pantry, Inc. v. City of Palm Springs
(including all related cross-actions) , Riverside County Superior
Court Case No. 67908, as well as any matters, causes, or things
whatsoever that were, or have been, or could in any way have been,
alleged in the respective pleadings filed in said Litigation.
3 . Release. For a valuable consideration, the receipt
and adequacy of which are hereby acknowledged, each Party, on
behalf of itself Related Parties, does hereby fully release and
forever discharge all other Parties and such other Parties' Related
Parties, and each of them, from the Claim and from any matters,
causes, or things whatsoever that have been or could in any way
have been raised, demanded, or alleged against any other Party and
the other Party' s Related Parties, or any of them, arising out of,
based upon, or relating to the Claim.
4 . Waiver of Unknown Claims . Each Party acknowledges
that it has been advised by legal counsel and is familiar with the
provisions of California Civil Code § 1542, which provides as
follows :
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR. "
Each Party, being aware of this code section, hereby expressly
waives and relinquishes all rights and benefits which it may have
thereunder, as well as under any other statutes or common law
principle of similar effect; provided, however, that the waiver of
PS2\268\014084-0003\2117399.1 12/23/94 -1 1-
unknown claims pursuant to Civil Code § 1542 within this Paragraph
No. 4, as between the COMMUNITY REDEVELOPMENT AGENCY of the CITY OF
PALM SPRINGS, the CITY OF PALM SPRINGS, and JOHN WESSMAN,
individually and doing business as WESSMAN DEVELOPMENT COMPANY,
shall be limited only to the alleged damages either known or
unknown, and whether alleged or not alleged by SAMUEL SEAN SONTAG,
DAVID JETER and LOUISE'S PANTRY, INC. , or any other party to this
Release arising from and related to the Claim. The COMMUNITY
REDEVELOPMENT AGENCY of the CITY OF PALM SPRINGS, the CITY OF PALM
SPRINGS, and JOHN WESSMAN, individually and doing business as
WESSMAN DEVELOPMENT COMPANY hereby acknowledge and agree that there
may remain certain claims, either known or unknown, by and between
them which are not waived, or released by virtue of this Release or
the Settlement Agreement concurrently executed herewith, or any
other agreement (s) by or between them.
S . No Prior Assignment. Each Party represents and
warrants that it has not assigned or transferred any interest in
any claim which it may have against the persons which it releases
under the terms of this Release, or any of them, and agrees to
indemnify and hold such persons, and each of them, harmless from
any liabilities, claims, demands, damages, costs, expenses and
attorneys' fees incurred by such persons, or any of them, as a
result of any person asserting any such assignment or transfer, or
any rights, or claims under such assignment or transfer. It is the
intention of the Parties that this indemnity does not require
payment as a condition precedent to recover hereunder by any
indemnified person.
PS2\268\014084-0003\2117399.1 12/23/94 -12-
6 . Previous Settlement Agreement & Business Property
Lease to Remain in Full Force and Effect. Notwithstanding the
foregoing Paragraph Nos . 3 and 4, above, as between the COMMUNITY
REDEVELOPMENT AGENCY of the City of Palm Springs, the CITY OF PALM
SPRINGS, LOUISE'S PANTRY, INC. , a California corporation, SAMUEL
SEAN SONTAG, JR. , an individual, and DAVID DETER, an individual,
the foregoing release shall not have the effect of releasing these
parties from their obligations under that previously entered into
Settlement Agreement, dated as of June 18, 1993, or the mutual
obligations of the parties thereto, nor shall this release be
deemed to be a waiver, modification, amendment, or release of the
obligations of the parties in and to that certain Business Property
Lease, dated March 17, 1977, as amended on or about March 31, 1986,
for those certain premises commonly referred to as 124 South Palm
Canyon Drive, Palm Springs, California 92262 which agreement shall
remain in full force and effect according to its terms.
7. Miscellaneous .
(a) Construction and Interoretation. This Release
and the rights and obligations of the Parties shall be governed by,
and construed and interpreted in all respects in accordance with,
the laws of the State of California. Without limiting the
generality of the foregoing, when the context in which the words
are used in this Release indicates that such is the intent, words
in the singular number shall include the plural and vice versa, all
pronouns and variations thereof shall be deemed to refer to all
genders, and the term "person" shall include a corporation or other
entity, as well as a natural person.
P82\268\014084-0003\2117399.1 12/23/94 -13-
(b) Attorneys' Fees . Each Party agrees that if it
hereafter commence any suit arising out of, based upon, or relating
to, or in any manner asserts against the other Party and the other
Party' s Related Parties, or any of them, any claim released herein,
it shall pay to each of them, in addition to any other damages
caused by any such person, that person' s reasonable costs and
attorney' s fees incurred in defending or otherwise responding to
such suit or claim.
8 . No Admission. Each Party understands and agrees
that the execution of this Release shall not constitute or be
construed as an admission of any obligation, or of the validity of
any claim whatsoever, by the persons which are released under the
terms of this Release or by any of them.
P821268\014084-0003\2117399.1 12/23/94 -14-
DATED: Noyelfiber 1994 CITY OF PALM SPRINGS, a charter
city
Mayor I'
ATTEST:
By:
City/Clerks tJ � 3c-�
DATED: No�mber 1994 COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, a
public body corporate and
politic
By: I
Chairman
ATTEST:
By: \'6 ice' �-
�PiY 1 Secretary
DATED: November 1994 LOUISE'S PANTRY, INC. a
California corporation
By:
Title:
At :
DATED: December , 1994 HEY ENTERPRISES, a California
corporation
Title: 144 Aj-,
At:
-15-
PS2\268\014084-0003\2117399.1 11/17/94 -
DATED: November 1994 CITY OF PALM SPRINGS, a charter
city
By:
Mayor
ATTEST:
By:
City Clerk
DATED: November , 1994 COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, a
public body corporate and
politic
By:
Chairman
ATTEST:
By:
Secretary
DATED: November '' 1994 LOUISE' S PANTRY, INC. a
California corporate n
By: ,J, 'L k-7
Samuel Sean Sontag,
Title: nra.si (ipni'
At• palm DR.SPri- ra
DATED: December 1994 HEY ENTERPRISES, a California
corporation
Title: /✓/a
At:
-15-
FS212W0140U-000312117399.1 11/17/94
DATED: November 1994 WESSMAN DEVELOPMENT COMPANY, a
By:
Title :
DATED: November 1994
JOHN WESSMAN
DATED: November 1994 7k
SAMUEL SEAN SONTAG;�JR.
At :
DATED: November �`r 1994 P1� r r`' �• '
DAVID J-VT,9R
At
DATED: November 1994
CRAIG YOUNT
At:
APPROVED AS TO FORM:
Rutan���� ))& Tucker
By:. // '4 CCGc "'iow
�David J. A shire Eq.
City Attorney
Jenson & Roth
By:
James M. Roth, Esq.
Attorneys for John Wessman,
individually, and d/b/a
Wessman Development Company
-16-
PS2\268\014084-0003\2117399.1 11/17/94 -
DATED: November 1994 WESSMAN DEVELOPMENT COMPANY, a
By:
Title :
DATED: November 1994
JOHN WESSMAN
DATED: November 1994
SAMUEL SEAN SONTAG, JR.
At :
DATED: November 1994
DAVID JETER
At :
t
DATED: December, 7 1994
� e
APPROVED AS TO FORM: / 1,
Rutan & Tucker
By:
David J. Aleshire, Esq.
City Attorney
Jenson & Roth
By:
James M. Roth, Esq.
Attorneys for John Wessman,
individually, and d/b/a
Wessman Development Company
-17-
PS2\268\014084-0003\2117399.1 11/17/94 -
• i
DATED: November U 1994 WESSMAN DEVELOPMENT COMPANY, a
By
Tithe:
DATED: November 2Qi 1994 x '/ -
I�I-JOHN WESSMAN
DATED: November 1994
SAMUEL SEAN SONTAG, JR.
At :
DATED: November 1994
DAVID JETER
At :
DATED: November 1994
CRAIG YOUNT
At :
APPROVED AS TO FORM:
Rutan & Tucker
By:
David J. Aleshire, Esq.
City Attorney
Jenson & Roth
Bye /1 , M . /
James M. Roth, Esq.
Attorneys for John Wessman,
individually, and d/b/a
Wessman Development Company
-18-
P52\268\014084-0003\2117399.1 11/17/94
Guralnick & Associates
By:
Wayn Gur' nick, Esq.
Att/ rne for Louise' s
Pantry, vvInc . and Samuel
Sean Sontag and David
Jeter
MacLachlin, Burford & Arias
By:
Leigh Harper, Esq.
Attorneys for Hey
Enterprises, Inc. , and
Craig Yount
-19-
PS2\268\014084-0003\2117399.1 11/17/94
• !
Guralnick & Associates
By:
Wayne Guralnick, Esq.
Attorneys for Louise' s
Pantry, Inc. and Samuel
Sean Sontag and David
Jeter
MacLachli rford & rias
By:
L ig Harper sq.
Attorneys for Hey
Enterprises, Inc. , and
Craig Yount
-20-
F52\268\014084-0003\2117399.1 11/17/94
^Name and Address O(Ahorrlay(c) OF Telephone NAW FOR COURT USE ONLY
(714) 641-5100
WILLIAAi W, WYNDER
Rutan & Tucker
611 Anton Blvd. , Ste. 1400
Costa Mesa CA 92626-1998
Attom for
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
street Addreea: 3255 EAST TAHQUITZ WAY
Mailing Address: P.O. BOX 2728
city and Zip Code: PALM SPRINGS, CA. 92262
Branch Name: INDIO
Plalntitr(s): LOUISE'S PANTRY, INC. ,
oefendant(s): CITY OF PALM SPRINGS, ET AL. ,
(Abbreviated TiUa)
REQUEST FOR DISMISSAL CASE NUMBER:
TYPE OF ACTION
I 67908
Q Personal Injury, Property Damage and mongrui Death
CD Motor vehicle Other
Q Domestic Relations Q Eminent Domain
® Other (Specify): Indemnity. Contribution. Apportionment
Q Full ® Partial Dismissal
TO THE CLERK Please dismiss this action as follows: (Check applicable boxes.)
1. ® with prejudice Without prejudice
2. 0 Entire action O Complaint only 0 Petition only ® Cross�complaint only
CD Other: (Specify) Filed August 12, 1993
Further, request [=3 trial [:D hearing M conference
date of be vacated; 0 return of 0 jury fee deposit =witness fee deposit(Govt C 68097.2)
Q cash deposit of S for
Dated: November 1994
s if dismissal requesteq is or specified parties only,of Attorney(s)for ,John Wessman an individual doing
specified muses at action onyorofspeGRedcivil buiness as Wessman Development Company
complaints any,ao elate and identify the parties,muses
of action or cross-complaints to be dismissed. James M. Roth
(Type or print ahomey(s)name(s))
TO THE CLERK Consent to the above dismissal is hereby given. le
Dated:
•+when a cress-complaint(of Response(Mamage)seeking Attorney(s)for
affirmative relial)is on fee,the attomay(s)for the
cross-complaml(respondent)must sign this consent when
required by CCP 5B7(1).(2)or(5).
Oype or print attamey(s)names))
Farm Adopted by Rule 982 of REQUEST FOR DISMISSAL 0CP 5e1,etc..
The Judicial Council of Callfomia Cal.Rules Of Court
Form 0176.05/Rev.11-90 Rule 1233
RI-3
Name antl Address of Atlomey(s) Telephone NO.. FOR COURT USE ONLY
(714) 641-5100
WILLIAM W. WYNDER
Rutan & Tucker
611 Anton Blvd. , Ste. 1400
Costa Mesa CA 92626-1998
Attorney for RINGS, ET AL
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
streetAddreea: 3255 EAST TAHQUITZ WAY
Haling Add(ess: P.O. BOX 2728
city and ZIP Code: PAL( SPRINGS, CA. 92262
Branch Name: INDIO
PlalntiN(s): LOUISE'S PANTRY, INC. ,
oetandant(s): CITY OF PALM SPRINGS, ET AL. ,
(Abbreviated Title
REQUEST FOR DISMISSAL CASE NUMBER:
TYPE OF ACTION I-67908
Personal Injury, Property Damage and VRongful Death
Q Motor Vehicle Q Other
Q Domeslko Relations Q Eminent DOMM
® Omar (speclry): Indemnity, Contribution,_Apportionment
Q FUN ® Partial Dismissal
TO THE CLERK Please dismiss this action as follows: (Check applicable boxes.)
1. ® With prejudice M Without prejudice
2 (] Entire action M Complaint only =1 Petition only ® Cross-complaint only
p other: (specify) Filed on or about
November 1, 1993 .
Further, request M trial hearing = conference 0
date of be vacated;0 return of =jury fee deposit 0 witness fee deposit(Govt C 68097.2)
=cash deposit Of for
Dated: November 1994
s
•If dismissal requested is of specified parties only. Attorne
,of y( )for Touine"s Pant-ry, Inc.Tnc. &
specified causes of action only of of Specified cross- Sean Sontag
complaints any.90 state and identify the ponies,causes Wayne Guralnick
of action or Coss-complaints to be dismissed. (Type or print aaamCy(s)name(s))
TO THE CLERK Consent to the above dismissal is hereby given. as
Dated:
sx When a Goss-complaint(or Response(Marriage)seeking Attorney(s)for
afrimat"relief]is on file.the aflomay(a)for the
cross-complaint(respondent)must sign this consentwhan
required by CCP 591(1).M or(5). (Type or print anom ty(s)name(s))
Form Adopted by RUle 962 of REQUEST FOR DISMISSAL CCP5e1,etc..
l.Rules of courtThe JudiLSak Council of Celllomla Rule 1233
Forth/176.051Ray.11-90 Rule
RI-3
karts and Nddreff of inomey(Q Teisphons FOR COURT USE ONLY
(714) 641-5100
WILLIAM W. WYNDER
Rutan @ Tucker
611 Anton Blvd. , Ste. 1400
Costa Mesa CA 92626-1998
Anom fW I)q? TTV OF PALM SPRINGSF ET AT.,
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
street AdWess: 3255 EAST TAHQUITZ WAY
MssrigadWscs: P.O. BOX 2728
C*y end Coda: PALM SPRINGS, CA. 92262
Branch memo: INDIO
aenorf(s): LOUISEJ`S PANTRY, INC.
Dstendatlt(s): CITY OF PALM SPRINGS, ET AL. ,
orcneted Tlne)
REQUEST FOR DISMISSAL CASE NUMBER:
TYPE OF ACTION
I 67908
Q p s onei Injury, Property Damage and vwongfui Death
O Motor vehicle I] Othef
Q Domestic Relations O Emmenl Domain
® nthr (sPe fY), TndemnT ,Y Contrf butt m Apportionment
[] FUN ® Partial Dismissal
TO THE CLERK Please dismiss this action as follows (Check applicable boxes.)
1. ® With prejudice ED Without prejudice
2 Entire action 0 Complaint only Petition only ® Cross-complaint only
p other: (specify) Filed September 13, 1993, and
September 30, 1993.
Further, request E:3 trial [:3 hearing I] conference O
date of be vacated; O return of E:3 jury fee deposit =witness fee deposit(Govt C 680972)
Q cash deposit of$ for -
Dated: November 1994
s a dismissal requested is of Solidified Parties onlY.or Attorney(s)for COMMUNITY REDEVELOPMENT AGENCY
specified Causes of action Mb,WofaPeoped=114- OF THE CITY OF PALM SPRINGS AND THE CITY
c mplantsany,sostateandidentifytheparties.causes OF PALM SPRINGS
W actAn W msatonplainta to be dismissed.
(type W lxnt an Wney(s)nams(s))
TO THE CLERK consent to the above dismissal is hereby given.
Dated:
a when a Wosacomplainl(W Response cmamege)seelang AttOrney(s)for
arfemadve relief)is on fie.the allomey(s)for the
CfOs"omplaint(respondent)must Sign this Consent When
required try CCP 561(1).(2)W(5).
(type W pant anomey(e)name(s))
Form Adopted by RUle 9e2 of REQUEST FOR DISMISSAL CCP 561,etc.,
The Judicial CounCil of Ceefomia Cal.Rums of Court
Form/176.05/RW.11-90 Rule 12M
RI-3