HomeMy WebLinkAboutAgreement A-25-407 Stipulation for Entry of Judgment and Order Thereon.pdf Agreement No. 25-407
1 DANIEL C. CEDERBORG
County Counsel—SBN 124260
2 KYLE R. ROBERSON
3 Sr. Deputy County Counsel- SBN 285735
FRESNO COUNTY COUNSEL
4 2220 Tulare Street, 5th Floor
Fresno, California 93721
5 Telephone: (559) 600-3479
Facsimile: (559) 600-3480
6 Email: kroberson@fresnocountyca.gov Exempt From Filing Fees Pursuant
To Government Code Section 6103
7 Attorneys for Plaintiffs
8 COUNTY OF FRESNO and THE PEOPLE OF STATE OF CALIFORNIA
9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
10 CIVIL DIVISION
11
COUNTY OF FRESNO; and Case No. 24CECGO2246
12 THE PEOPLE OF THE STATE OF
13 CALIFORNIA
STIPULATION FOR ENTRY OF
14 Plaintiffs, JUDGMENT AND ORDER THEREON
(Code Civ.Proc. § 664.6)
15 V.
Judge Assigned for All Purposes—
16 ASHOK WADHWA, an individual; Hon Kristi Culver Kapetan in Dept. 502
NEELAM WADHWA, an individual;
17 SWARAN BALL, an individual; MANJIT
18 BALL, an individual; MIKE BALL, an
individual; PLUS TRANZ, INC.,a California
19 corporation; and DOES 1 through 50,
inclusive,
20
Defendants.
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22
23 Plaintiffs COUNTY OF FRESNO, a political subdivision of the State of California,
24 ("County") and THE PEOPLE OF THE STATE OF CALIFORNIA, ("People") by and through
25 The Office of County Counsel for the County of Fresno (collectively, "Plaintiffs"); and
26 Defendants ASHOK WADHWA, an individual; NEELAM WADHWA, an individual;
27 SWARAN BALL, an individual; MANJIT BALL, an individual; MIKE BALL, an individual;
28 PLUS TRANZ, INC., a California corporation, (collectively, "Defendants") desire and hereby
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Stipulation for Entry of Judgment and Case No. 24CECGO2246
Order Thereon
1 agree to resolve the above-captioned matter through this stipulation for entry of judgment as
2 follows:
3 RECITALS
4 WHEREAS, Defendants own, possess, control and maintain certain real property
5 located at and commonly known as 1270 South Temperance Avenue, Fresno, California 93727,
6 further identified as Assessor's Parcel Number (APN) 316-150-35, and legally described as
7 follows: "The North half of the Southwest Quarter of the Northwest Quarter of Section 14,
8 Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the official
9 plat thereof'("Subject Property").
10 WHEREAS, the Subject Property is zoned Exclusive Agriculture under Fresno
11 County Zoning Ordinance, Division 6 of the Fresno Ordinance Code ("Fresno County Zoning
12 Ordinance") section 808.2.A.
13 WHEREAS, on or about September 14, 2022, Defendants began to store and park
14 semi-trucks, trailers, and tractor-trailers, and operate a commercial truck yard and truck parking
15 facility on the Subject Property.
16 WHEREAS, on May 26, 2023, County of Fresno Code Enforcement staff inspected
17 the Subject Property and observed semi-trucks, trailers and tractor-trailers stored and parked on
18 the Subject Property.
19 WHEREAS, the County issued administrative citations and Defendants incurred
20 administrative fines for ongoing violations of the Fresno County Zoning Ordinance.
21 WHEREAS, on May 24, 2024, Plaintiffs filed a Complaint for Injunctive Relief and
22 Other Relief to Abate a Public Nuisance, Unfair Business Practices, and Other Relief (the
23 "Complaint").
24 WHEREAS, on or about July 15, 2024, service of summons was completed on all
25 Defendants.
26 WHEREAS, the Complaint seeks to abate violations of the Fresno County Zoning
27 Ordinance sections 800.1.020.B, 878.6.010, 878.6.020.B, and 878.6.040.A for operation of the
28 vehicle and freight terminal, truck stop, truck parking, and/or commercial truck facility on the
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Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1 Subject Property.
2 WHEREAS, the Complaint further sought recovery of civil penalties against the
3 Defendants as authorized by California's Unfair Competition Law, Business and Professions
4 Code section 17200, et seq, for the unlawful commercial use of the Subject Property in violation
5 of the Fresno County Zoning Ordinance.
6 WHEREAS, among the relief prayed for in the Complaint, Plaintiffs seek a
7 mandatory permanent injunction to require Defendants to abate the violations of the Fresno
8 County Zoning Ordinance.
9 WHEREAS,to avoid further litigation, the Plaintiffs and the Defendants(collectively,
10 "Parties") enter into this stipulation for judgment for Plaintiffs and issuance of a permanent
11 injunction.
12 STIPULATION
13 Plaintiffs and Defendants agree to the following:
14 1. Defendants own, control, and are in possession of certain real property located at and
15 commonly known as 1270 South Temperance Avenue, Fresno, California 93727, further
16 identified as Assessor's Parcel Number (APN) 316-150-35, and legally described as follows:
17 "The North half of the Southwest Quarter of the Northwest Quarter of Section 14, Township 14
18 South, Range 21 East, Mount Diablo Base and Meridian, according to the official plat thereof'
19 ("Subject Property").
20 2. Defendants admit receipt of service of the Summons and Complaint, and Defendants
21 submit to the jurisdiction of this Court in this above-captioned action.
22 3. The Parties agree to have judgment entered as follows:
23 A. Defendants shall be permanently enjoined, restrained, and prohibited from: (i)
24 storing or parking semi-trucks, trailers, and tractor-trailers on the Subject
25 Property; and (ii) operating a vehicle and freight terminal, truck stop, truck
26 parking, and/or commercial truck facility on the Subject Property(each an"Illegal
27 Condition," and collectively "Illegal Conditions"). The permanent injunction
28 imposed by this paragraph will dissolve if a rezone or annexation of the Subject
3
Stipulation for Entry of Judgment and Case No. 24CECGO2246
Order Thereon
1 Property authorizes the Illegal Conditions on the Subject Property.
2 B. Defendants shall fully abate all Illegal Conditions on the Subject Property in
3 violation of Fresno County Zoning Ordinance sections 800.1.020.B, 878.6.010,
4 878.6.020.B, and 878.6.040.A within thirty (30) calendar days after the date of
5 service of the Notice of Entry of Judgment and permit reasonable inspection by
6 the County to monitor compliance.
7 C. If Defendants fail to timely and fully abate any Illegal Condition, as required by
8 paragraph 3.B, the County may enter the Subject Property and take all necessary
9 actions to fully abate the Illegal Condition.
10 D. The County is authorized to enter and inspect the Subject Property, excluding the
11 single-family residence, pool, and accessory structures, with at least 24 hours'
12 notice by telephone, email, or in-person notification to Defendants, with these
13 inspections limited to occur between the hours of 8:00 am and 6:00 pm and only
14 on Mondays through Fridays, without a warrant or further orders from this Court
15 to monitor compliance with the terms of the judgment entered pursuant to this
16 stipulation for a period of three hundred sixty-five (365) calendar days after the
17 date of service of the Notice of Entry of Judgment.
18 E. The County's authorization to enter the Subject Property to inspect may be
19 modified by further orders issued by the Court.
20 F. In the event Illegal Conditions are found on the Subject Property, the County will
21 provide written notice to Defendants pursuant to paragraph 41 with a demand to
22 abate all noticed Illegal Conditions found on the Subject Property with a cure
23 period of fifteen (15) days from the date of mailing of the notice described in this
24 paragraph. In the event Defendants fail to fully and timely abate the noticed
25 Illegal Conditions, the County is authorized to enter the Subject Property and
26 abate the noticed Illegal Conditions and recover the cost of this abatement work
27 pursuant to paragraph 4.G.
28 G. The County may recover from Defendants, jointly and severally, all of the
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Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1 County's costs incurred in abating any Illegal Condition, and these costs may be
2 secured by a judgment lien, and Defendants shall forfeit all legal right to
3 possession and ownership interest in any materials the County removes from the
4 Property for the purposes of abating the Illegal Condition.
5 H. Defendants agree to a monetary award to be paid exclusively by defendant PLUS
6 TRANZ, INC., in the amount of fifty thousand dollars ($50,000) to the County to
7 compromise and resolve Defendants' liability for unpaid administrative fines and
8 civil penalties pursuant to California Business and Professions Code section
9 17206.
10 I. The County and Defendants agree that PLUS TRANZ, INC., will satisfy the fifty
11 thousand dollars ($50,000)monetary award to the County as follows: (i) ten (10)
12 equal installment payments of five thousand dollars ($5,000); (ii) the first
13 installment of five thousand dollars ($5,000) is due to the County five (5) court
14 days after the date of service of the Notice of Entry of Judgment pursuant to this
15 stipulation; and (iii) the nine (9) subsequent installment payments of five
16 thousand dollars ($5,000) are due each ninety (90) calendar days after the due
17 date of the first installment until the full amount of fifty thousand dollars
18 ($50,000) is paid to the County (as provided in Code Civ. Proc., § 116.620).
19 Payment shall be made by check or money order payable to the "County of
20 Fresno," and delivered to the Office of the Fresno County Counsel, c/o Code
21 Enforcement Attorney, 2200 Tulare Street, 5th Floor, Fresno, California 93721.
22 J. Upon defendant PLUS TRANZ, INC.'S full payment of the fifty thousand dollars
23 ($50,000) monetary award, the County will file and serve an Acknowledgement
24 of Satisfaction of Judgment, Judicial Council Form EJ-100, as this form may be
25 amended by the Judicial Council.
26 K. If any installment is not paid when due, interest accrues on the unpaid installment
27 at the legal rate for a money judgment(as provided in Code Civ.Proc., § 685.010)
28 beginning on the date the installment becomes due (as provided in Code Civ.
5
Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1 Proc., § 685.020). The Parties agree that the Complaint is not a claim related to
2 medical expenses or personal debt. In addition, if any installment is not paid when
3 due, the County may avail itself to the procedures to enforce money judgments
4 under the laws of the State of California, including, but not limited to, a lien on
5 the Subject Property and garnishment of the bank accounts held by PLUS
6 TRANZ, INC. If any installment is not paid when due, a judgment lien on the
7 Subject Property may be enforced for the amount of unmatured installments (as
8 provided in Code Civ. Proc., § 697.350). If any prior installment is not paid, all
9 funds received or collected by the County from PLUS TRANZ, INC., as payment
10 under the judgment will be applied first to interest. If PLUS TRANZ, INC., pays
11 any installment early, the due date for later installments is not advanced. At any
12 time, PLUS TRANZ, INC., may pay all remaining outstanding or uumatured
13 installments and interest, if any.
14 L. The Parties agree that notice pursuant to this stipulation, and the judgment entered
15 pursuant to this stipulation, shall be provided to the Parties as follows:
16 i. COUNTY OF FRESNO
17 Office of Fresno County Counsel
c/o Code Enforcement Attorney
18 2220 Tulare Street, 5th Floor
Fresno, California 93721
19 (559) 600-3479
20 kroberson@fresncountyca.gov and
CountyCounselMailbox@fresnocountyca.gov
21
ii. DEFENDANTS
22 Plus Tranz, Inc. Fennemore LLP
23 c/o Mike Ball c/o Christopher A. Brown, Esq.
P.O. Box 8537 8080 N. Palm Ave., Ste. 300
24 Fresno, California 93747 Fresno, CA 93711
(559) 217-5819 (559)432-4500
25 MikeAplustranz.com cbrown@fennemorelaw.com
26 Kulwinder Bains
27 801 loth Street, 5th Floor
Modesto, California 95354
28 (415) 889-0777
kenea@kbainslaw.com
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Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1
2 Except as provided for inspection notices under paragraph 3.D., above, any
3 notices pursuant to this stipulation must be in writing and mailed to the respective
4 party pursuant to this paragraph 3.L.
5 M. Except as expressly provided in this Stipulation, each parry to this Stipulation
6 agrees to bear its own attorney's fees and costs incurred in this matter.
7 4. The Parties agree that the Court shall retain jurisdiction over this matter for the
8 purposes of enforcing the judgment entered pursuant to this Stipulation and issuing any further
9 orders as necessary.
10 5. Each person signing this Stipulation expressly warrants and represents that it is legally
11 authorized to act on behalf of the party for which they sign and has full authority to obligate and
12 bind that party to the terms of the conditions of this Stipulation pursuant to Code of Civil
13 procedure section 664.6 and Corporations Code section 313.
14 6. The Parties agree that this Stipulation may be executed in counterparts, each of which
15 shall be deemed an original instrument, and all when taken together, shall constitute the
16 Stipulation for Entry of Judgment.
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Stipulation for Entry of Judgment and Case No. 24CECGO2246
Order Thereon
1 IT IS SO STIPULATED
2
3 FOR PLAINTIFFS
4
5 Dated: / COUNTY OF FRESNO AND
THE PEOPLE 07 THE STATE OF CALIFORNIA
6
7 ATTEST:
8 BERNICE E.SEIDEL
Clerk of the Board of Supervisors ( .`_
9 County of Fresno,State of California By: ERNEST BUDDY N42INDES,Chairman of the
10 By AkA,(� yM,.,�_ Deputy Board of Supervisors of the County of Fresno
11 APPROVED AS TO FORM:
12
13 Dated:
Office of Fresno County Counsel
14
15
16 By: E R. ROBERSON, Senior Deputy
Attorneys for Plaintiffs,
17 COUNTY OF FRESNO and
18 PEOPLE OF THF.STATE OF CALIFORNIA
19
20 FOR DEFENDANTS
21
22 Dated: By
ASKOK WADHWA, an individual
23
24
Dared: By
25 NEELAM WADHWA, an individual
26
27 Dated: By
28 SWARAN BALL,an individual
8
Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
I IT IS SO STIPULATE])
2
3 FOR PLAINTIFFS
4
5 Dated: COUNTY OF FRESNO AND
T'HE PEOPLE OF THE STATE Of CALIFORNIA
6
7
8
9 By: ERNES']' BUDDY MENDES. Chairman of the
10 Board of Supervisors of the County of Fresno
11 APPROVED AS TO FORM:
12
13 Dated:
Office of Fresno County Counsel
14
15 _
16 By: KYLE R. ROBERSON, Senior Deputy
Attorneys for Plaintiffs,
17 COUNTY OF FRE•SNO and
18 !,Eoi'L,E OF 1'HE STATE OF CALIFORNIA
19
20 FOR DEFENDANTS
21 Dated: 7!�/ZS 13v
22
ASKOK WADHWA, an individual
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24 _ 6V,�c.�-i
Dated: ']•a$��S _.. BY. _ ..
25 NEELAM WADHWA,an individual
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27
Dated: --
28 SWARAN BALL.,an individual
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Stipulation for Dnur ot'Judgmem and Case No.24CLCGO2246
Order'Thereon
1
2 Dated: /� S� By /J j
3 MANJIT BALL,an individual
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5 Dated: ( S� By f62�t&
MIKE BALL, an individual and as Chief Executive
6 Officer of PLUS TRANZ, INC., a California
7 Corporation
8
9 Dated: °� By
Mike Ball, Chief Executive Officer, on behalf of
10 PLUS TRANZ, INC.,a California Corporation
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13 APPROVED AS TO FORM:
14 FENNEMORE-DOWLING AARON
15
16
Dated: By
17 CHRISTOPHER A. BROWN
Attorneys for Defendants,ASHOK WADHWA, an
18 individual;NEEL:AM WADHWA, an individual;
19 SWARAN BALL, an individual; MANJIT BALL,
an individual; MIKE BALL,an individual; PLUS
20 TRANZ, INC., a California Corporation
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Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1
2 Dated: By
3 MANJIT BALL, an individual
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5 Dated: By
MIKE BALL, an individual and as Chief Executive
6 Officer of PLUS TRANZ, INC., a California
7 Corporation
8
9 Dated: By
Mike Ball,Chief Executive Officer, on behalf of
10 PLUS TRANZ, INC., a California Corporation
11
12
13 APPROVED AS TO FORM:
14 FENNEMORE-DOWLING AARON
15
16 C ,' By 'a4�-
Dated:
17 CHRISTOPHE A. BROWN
18 Attorneys for Defendants, ASHOK WADHWA, an
individual;NEELAM WADHWA, an individual;
19 SWARAN BALL, an individual; MANJIT BALL,
an individual; MIKE BALL, an individual; PLUS
20 TRANZ, INC., a California Corporation
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Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1 ORDER
2 The Court, having read and considered the foregoing Stipulation between the Parties,
3 and good cause appearing, HEREBY ORDERS:
4 JUDGEMENT IS ENTERED FOR PLAINTIFFS AND AGAINST DEFENDANTS ON
5 THE FOLLOWING TERMS:
6 1. Defendants own, control, and are in possession of certain real property located at and
7 commonly known as 1270 South Temperance Avenue, Fresno, California 93727, further
8 identified as Assessor's Parcel Number (APN) 316-150-35, and legally described as follows:
9 "The North half of the Southwest Quarter of the Northwest Quarter of Section 14, Township
10 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the official plat
11 thereof'("Subject Property").
12 2. Defendants are permanently enjoined, restrained, and prohibited from: (i) storing, or
13 parking semi-trucks, trailers, and tractor-trailers on the Subject Property; and (ii) operating a
14 vehicle and freight terminal, truck stop, truck parking, and/or commercial truck facility on
15 the Subject Property(each an"Illegal Condition," and collectively"Illegal Conditions").
16 3. The permanent injunction imposed in paragraph 2 will dissolve if a rezone or
17 annexation of the Subject Property authorizes the Illegal Conditions of the Subject Property.
18 4. Defendants shall fully abate all Illegal Conditions on the Subject Property in violation
19 of Fresno County Zoning Ordinance, Division 6 of the Fresno Ordinance Code sections
20 800.1.0203, 878.6.010, 878.6.020.B, and 878.6.040.A within thirty (30) calendar days after
21 the date of service of the Notice of Entry of Judgment and permit reasonable inspection by
22 the County to monitor compliance.
23 5. If Defendants fail to timely and fully abate any Illegal Condition, as required by
24 paragraph 3, the County may enter the Subject Property and take all necessary actions to
25 fully abate the Illegal Condition.
26 6. The County is authorized to enter and inspect the Subject Property, excluding the
27 single-family residential building, pool, and accessory structures, with at least 24 hours'
28 notice by either telephone, email, or in-person notification to Defendants, with these
10
Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1 inspections limited to occur between the hours of 8:00 am and 6:00 pm and only on Mondays
2 through Fridays, without a warrant or further orders from this Court to monitor compliance
3 with terms of this Judgment for a period of three hundred sixty-five (365) calendar days after
4 the date of service of the Notice of Entry of Judgment.
5 7. The County's authorization to enter the Subject Property to inspect may be modified
6 by further orders issued by the Court.
7 S. Upon the finding of any Illegal Conditions, the County will provide written notice to
8 Defendants pursuant to paragraph 13 with a demand to abate all noticed Illegal Conditions
9 within a period fifteen (15) days from the mailing of the notice described in this paragraph.
10 In the event Defendants fail to fully and timely abate the noticed Illegal Conditions, the
11 County is authorized to enter the Subject Property and abate the noticed Illegal Conditions
12 and recover the cost of the County's abatement work pursuant to paragraph 9.
13 9. The County may recover from Defendants, jointly and severally, all of the County's
14 costs incurred in abating any Illegal Condition, and these costs may be secured by a judgment
15 lien, and Defendants shall forfeit all legal right to possession and ownership interest in any
16 materials the County removes from the Property for the for the purposes of abating the Illegal
17 Condition.
18 10. Defendant PLUS TRANZ, INC., shall pay a monetary award to the County in the
19 amount of fifty thousand dollars ($50,000) to compromise and resolve Defendants' liability
20 for unpaid administrative fines and civil penalties authorized pursuant to California Business
21 and Professions Code section 17206. PLUS TRANZ, INC., shall satisfy the fifty thousand
22 dollars ($50,000) monetary award to the County as follows: (a) payment of ten (10) equal
23 installments of five thousand dollars ($5,000); (b) the first installment of five thousand
24 dollars ($5,000) is due to the County within five (5) court days after the date of service of the
25 Notice of Entry of Judgment; and (c) the nine (9) subsequent installments of five thousand
26 ($5,000) are due each ninety (90) calendar days after the due date of the first installment until
27 the full amount of fifty thousand dollars ($50,000) is paid to the County(as provided in Code
28 of Civ. Proc., § 116.620). Payment shall be made by check or money order payable to the
11
Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1 "County of Fresno," and delivered to the Office of the Fresno County Counsel, c/o Code
2 Enforcement Attorney, 2200 Tulare Street, 5th Floor, Fresno,California 93721.
3 11. Upon full payment of the fifty thousand dollars ($50,000)monetary award, the County
4 shall file and serve an Acknowledgement of Satisfaction of Judgment, Judicial Council Form
5 EJ-100, as this form may be amended by the Judicial Council.
6 12. If any installment is not paid when due, interest accrues on the unpaid installment at
7 the legal rate for a money judgment(as provided in Code Civ.Proc., § 685.010)beginning on
8 the date the installment becomes due (as provided in Code Civ. Proc., § 685.020). This
9 judgment does not arise from a claim related to medical expenses or personal debt. In
10 addition, if any installment is not paid when due, the County may avail itself to the
11 procedures to enforce money judgments under the laws of the State of California, including,
12 but not limited to, a lien on the Subject Property and garnishment of the bank accounts held
13 by PLUS TRANZ, INC. If any installment is not paid when due, a judgment lien on the
14 Subject Property may be enforced for the amount of unmatured installments (as provided in
15 Code Civ. Proc., § 697.350). If any prior installment is not paid, all funds received or
16 collected by the County from PLUS TRANZ, INC., as payment under this judgment may be
17 applied first to interest. If PLUS TRANZ, INC., pays any installment early, the due date for
18 later installments is not advanced. At any time, PLUS TRANZ, INC., may pay all remaining
19 outstanding or unmatured installments and interest, if any.
20 13. The Parties shall issue any notices pursuant to this judgment as follows:
21 COUNTY OF FRESNO
22 Office of the Fresno County Counsel
c/o Code Enforcement Attorney
23 2220 Tulare Street, 5th Floor
Fresno, California 93721
24 (559) 600-3479
25 kroberson(Wresnog2untyca.gov and
CountyCounselMailbox@fresnocountyca.gov
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Stipulation for Entry of Judgment and Case No.24CECGO2246
Order Thereon
1 DEFENDANTS
2 Plus Tranz, Inc. Fennemore LLP
c/o Mike Ball c/o Christopher A. Brown, Esq.
3 P.O. Box 8537 8080 N. Palm Ave., Ste. 300
Fresno, California 93747 Fresno, CA 93711
4 (559) 217-5819 (559) 432-4500
5 Mike@plustranz.com cbrown@fennemorelaw.com
g Kulwinder Bains
801 loth Street, 5th Floor
7 Modesto, California 95354
8 (415) 889-0777
kenea@kbainslaw.com
9
10 Except as provided for inspection notices under paragraph 4, above, any notice issued
11 pursuant to this judgment must be in writing and mailed to the respective party pursuant
12 to this paragraph 13.
13 14. Each party shall bear its own attorney's fees and costs incurred in this matter.
14 15. The Court retains jurisdiction over this matter for the purposes of enforcing this
15 judgment pursuant to Code of Civil Procedure section 664.6.
16
17 IT IS SO ORDERED.
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19
20 Dated: By:
21 JUDGE OF THE SUPERIOR COURT
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Stipulation for Entry of Judgment and Case No. 24CECGO2246
Order Thereon