Opinion
CASE NO. C03-0537 WHA
February 21, 2003
Stephen M. Hayes (SBN 83583), Stephen P. Ellingson (SBN 136505), Ropers, Majeski, Kohn Bentey, San Jose, CA, Attorneys for Defendant GEICO INDEMNITY COMPANY (Erroneously sued as GEICO)
Law Offices of Donald L. Galine, Donald L. Galine, David Smith, Bettina Thompson Smith, Taylor Smith, Attorney for Plaintiffs.
Ropers, Majeski, Kohn Bentley, Stephen M. Hayes, Stephen P. Ellingson, San Jose, CA, Attorneys for Defendant.
STIPULATION RE: (1) AMOUNT IN CONTROVERSY DOES NOT-EXCEED $75,000 AND (2) VOLUNTARY REMAND TO SUPERIOR COURT
IT IS HEREBY STIPULATED by plaintiffs David Smith, Bettina Thompson Smith and Taylor Smith (hereinafter collectively "plaintiffs"), by and through their attorney of record, Donald L. Galine, and defendant Geico Indemnity Company (hereinafter "Geico"), by and through its: attorney of record, Stephen P. Ellingson of Ropers, Majeski, Kohn Bentley, as follows:
1. Plaintiffs' total recovery for any and all claims that have been or could be asserted in this lawsuit shall not exceed $75,000, individually or in the aggregate.
2. If the court, a jury, or any other trier of fact finds that plaintiffs' claims in this lawsuit have a value in excess of $75,000, individually as to any one claim or in the aggregate as to all of their claims, plaintiffs hereby waive and forever discharge Geico from any amount in excess of $75,000 and agree to hold Geico harmless from any disputes as to how the $75,000 maximum recovery would be allocated between plaintiffs as competing claimants for any such recovery.
3. Since plaintiffs herein stiputate that their total recovery, individually or in the aggregate, shall not exceed $75,000, plaintiffs and Geico hereby stipulate to remand this action to the San Mateo County Superior Court.
I. ORDER
Pursuant to the terms of this stipulation; the present action is HEREBY REMANDED to the San Mateo County Superior Court.