Opinion
Case No. 08-01344.
November 3, 2009
Paul Niewiadomski (SBN 195094), Eugene K. Chang (SBN 209568), STEIN LUBIN LLP, Transamerica Pyramid, San Francisco, California, Attorneys for DONLON GABRIELSEN AND AGNES GABRIELSEN, as co-trustees of the Gabrielsen Family Trust dated February 10, 1987, amended and restated in its entirety on October 20, 1992.
LONG WILLIAMSON DELIS, Warren B. Campbell, Attorneys for EXPOSE III, ANTHONY S. HWANG dba Expose III, and MYUNG H. HWANG dba Expose III.
LAW OFFICES OF PAUL L. REIN, Paul L. Rein, Attorneys for SUZANNE GARCIA AND TAMMY DENNISON.
PARTIES' STIPULATION TO TERMINATE JURISDICTION PURSUANT TO CONSENT DECREE AND ORDER THEREON
Plaintiffs Suzanne Garcia and Tammy Dennison (collectively, "Plaintiffs"), Defendants/Cross-Claimants/Cross-Defendants Donlon Gabrielsen and Agnes Gabrielsen, as co-trustees of the Gabrielsen Family Trust dated February 10, 1987, amended and restated in its entirety on October 20, 1992 (collectively, the "Gabrielsens"), and Defendants/Cross-Defendants/Cross-Claimants Expose III, Anthony S. Hwang dba Expose III, and Myung H. Hwang dba Expose III (collectively, the "Tenants") hereby enter into this Parties' Stipulation to Terminate Jurisdiction Pursuant to Consent Decree and Order Thereon (the "Stipulation") with respect to the following:
RECITALS
A. On August 27, 2008, Plaintiffs filed a complaint against Tenants and Gabrielsens (collectively, the "Defendants"). In their complaint Plaintiffs alleged, among other things, that Defendants violated Title III of the Americans with Disabilities Act of 1990 ("ADA"), sections 51, 52, 54, 54.1, 54.3, and 55 of the California Civil Code, and sections 19955 et seq. of the California Health Safety code by failing to provide full and equal access to the facilities at the Expose III located in Coalinga California (the "Premises"). Defendants denied the allegations of Plaintiffs' complaint and denied that they were liable to Plaintiffs as alleged.B. On or about March 25, 2009, Plaintiffs and Defendants entered into a Consent Decree and Order (the "Decree") for the purpose of resolving this action and without the admission of any liability by any party.
C. Pursuant to the Decree, among other things, Defendants agreed to undertake certain corrective work with respect to the Premises (the "Work"). The Work was completed on or about May 22, 2009.
D. The Decree provides that, among other things, upon completion of the Work, Plaintiffs will join with Defendants in a stipulation requesting termination of this Court's jurisdiction over this action and that the Decree will no longer be in effect.
WHEREFORE, based upon the foregoing recitals, the parties hereby stipulate and agree as follows:
1. Gabrielsens and Tenants have completed the Work and provided satisfactory proof of completion to Plaintiffs.
2. Plaintiffs, Gabrielsens and Tenants hereby request that the Court's jurisdiction over this action be terminated.
3. Plaintiffs, Gabrielsens and Tenants hereby agree that upon approval and entry of this Stipulation by the Court, the Decree will no longer be in effect.
4. This Stipulation may be signed in counterparts and a facsimile signature shall have the same force and effect as an original signature.
IT IS SO AGREED.
ORDER
Pursuant to the Stipulation, and for good cause shown, IT IS SO ORDERED.