Opinion
Case No. C 03 1517 SI ARB, [Proposed]
September 26, 2003
ROD DIVELBISS, ESQ., JONATHAN D. WEINBERG, ESQ., DIVELBISS, DIVELBISS BONZELL, LLP, Oakland, California, for Complainant
JUDGMENT FOR PLAINTIFF ON STIPULATION AND DEFAULT
The Court, Honorable Susan Illston presiding, upon the stipulation of the Plaintiff, BANK OF FHE WEST, with its attorney, Rod Divelbiss, and Defendant GAEL WORTHEN, with his George F. Vogt, Jr., on September 26, 2003, and upon the default entered against Defendant KATHRYN WORTHEN, hereby orders, adjudges and decrees as follows:
1. The Plaintiff, BANK OF THE WEST, is awarded judgment from the Defendants, GAIL WORTHEN and KATHRYN WORTHEN, in the sum of $199,503.16 as of July 17, 2003, plus storage fees of $33.00 per day and interest on the outstanding balance of the preferred mortgage at $40.96 per day.
2. Payment of the judgment sum, with simple annual interest at ten per cent (10%) per annum, shall be paid to the Divelbiss, Divelbiss Bonzell client trust fund as follows:
a. The Defendant vessel M/V WET PLEASL Re THE FINALE shall be sold as soon as possible pursuant to an Order to Sell issued by this court,
b. Any funds raised from the sale of the Defendant vessel-above the value stated in items 1 (one) 3 (three) and 4 (four) of this judgment shall be paid equally to Plaintiffs GAIL WORTHEN and KATHRYN WORTHEN.
c. Any deficiencies from the sale of the Defendant vessel from the value stated in item 1 (one) of this judgment shall be joint and severally owed to the Plaintiff by Defendants GAIL WORTHEN and KATHRYN WORTHEN, in personam.
3. All costs in this matter are awarded to Plaintiff BANK OF THE WEST.
4. Attorneys fees are awarded to Plaintiff, BANK OF THE WEST.
5. This Court shall retain jurisdiction of all aspects of this judgment until an Acknowledgment of Satisfaction of Judgment is filed with this courtSO ORDERED, ADJUDGED AND DECREED.