Opinion
Bruce J. Boehm, Cameron J. Cutler, McKAY, BURTON & THURMAN, Salt Lake City, Utah, Attorneys for Defendant and Crossclaimant Twenty First South Trust
Michael D. Welch, MICHAEL WELCH + ASSOCIATES, Sacramento CA, Attorneys for Defendant and Crossdefendant Stavros Taxidis
STIPULATION, CONSENT JUDGMENT, AND ORDER
MORRISON C. ENGLAND, Jr., District Judge.
This Stipulation and Consent Judgment ("Stipulated Judgment") is entered into by and between Crossclaimant TWENTY FIRST SOUTH TRUST (the "Trust") and Crossdefendant STAVROS TAXIDIS ("Mr. Taxidis"), subject to approval by the Court.
Plaintiff Scott Johnson initiated this action against the Trust and Mr. Taxidis alleging violations of the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), the Unruh Civil Rights Act (Cal. Civ. Code §§ 51-53), the California Disabled Persons Act (Cal. Civ. Code §§ 54-54.8), and negligence, occurring on real property located at 306 West Yosemite, Manteca, California. The Trust is the owner of the real property at issue. Mr. Taxidis leases the real property from the Trust pursuant to a lease agreement dated April 1, 2008 (the "Lease"). Mr. Taxidis operates an "Athens Burger Restaurant" on the real property.
Pursuant to the terms of the Lease, Mr. Taxidis agreed to indemnify and defend the Trust against the claims asserted by the Plaintiff in this lawsuit. Mr. Taxidis acknowledges his obligation to indemnify and defend the Trust against the Plaintiff's claims.
The Trust and Mr. Taxidis, by and through their respective counsel of record, hereby agree to entry of this Stipulated Judgment.
NOW, THEREFORE, IT IS HEREBY STIPULATED, ORDERED AND ADJUDGED:
1. STAVROS TAXIDIS agrees to entry of a monetary judgment against him and in favor of the TWENTY FIRST SOUTH TRUST in the total sum of Ten Thousand Dollars ($10,000) plus post-judgment interest, and costs and reasonable attorneys' fees incurred by the Trust in collecting this amount after the entry of this judgment. Further, Mr. Taxidis agrees to satisfy the judgment by making monthly payments of Three Hundred Dollars ($300.00) to the Trust until the judgment is satisfied in full. Relatedly, the Trust agrees to refrain from collecting the judgment amount, so long as Mr. Taxidis does not default on his monthly payment obligations.
2. STAVROS TAXIDIS and the TWENTY FIRST SOUTH TRUST waive any right to appeal from this Stipulated Judgment.
3. Upon entry of this Stipulated Judgment, the TWENTY FIRST SOUTH TRUST'S crossclaim against STAVROS TAXIDIS is resolved; provided, however, that this Court shall retain jurisdiction to enforce the terms and provisions of this Stipulated Judgment.
SO STIPULATED AND CONSENTED:
ORDER
The parties' stipulation is hereby adopted as the order of this Court. All claims having been resolved, the Clerk of the Court is directed to close this case.
IT IS SO ORDERED.