Opinion
Action No. 04-CV 1268 BTM (JMA).
September 16, 2005
John F. Brady, Esq., JOHN F. BRADY ASSOCIATES, San Diego, CA, Attorney for Plaintiff.
Russell Davis Enterprises, LLC., By: Its authorized agent/authority, Mark Rayce Stiles, James D. Crosby, Attorney for the Defendants Russell Davis Enterprises, LLC., Mark Rice Stiles (AKA Mark R. Stiles and/or Daniel M. Ruedlinger), Raquel St. Claire Stiles (AKA Raquel Stiles and/or Margarita M. Ruedlinger); Gold Coast Management Services; Behzad Taghavi (AKA Behzad Tajhavi); Del Mar Business Services, Inc.
STIPULATION FOR DISMISSAL AND ORDER TO VOID GRANT DEED
THIS STIPULATION is made and entered into as set forth below by and between Plaintiff Alan R. Ulvila by and through his attorney of record John F. Brady, and the Defendants Russell Davis Enterprises, LLC.; Mark Rice Stiles (AKA Mark R. Stiles and/or Daniel M. Ruedlinger); Raquel St. Claire Stiles (AKA Raquel Stiles and/or Margarita M. Ruedlinger); Gold Coast Management Services; Behzad Taghavi (AKA Behzad Tajhavi); Del Mar Business Services, Inc. (hereinafter referred collectively referred to as the "Defendants") by and through their attorney of record James D. Crosby;
1. Attached to this Stipulation and made as part thereof, marked as Exhibit "C", is a Grant Deed signed by Plaintiff Alan R. Ulvila (hereinafter: "Ulvila") together with Edith F. Rogers (spouse of Plaintiff), as a grantor, executed and delivered to defendant RUSSELL DAVIS ENTERPRISES, LLC (hereinafter: "R D") (hereinafter: "Grant Deed"). Said Grant Deed was duly recorded in the official records of the San Diego County Recorder's Office on November 13, 2002, document number 2002-1013922 regarding the subject property, hereinafter "Subject Property" located in 2466 Calle Serena, San Diego, CA 92139.
The legal description of the subject property is:
"Lots 11, 12 Block 17, Tres Lomas according to the Map thereof NO-2160, filed in the office of the County Recorder of San Diego County, May 28, 1929"
The street address of the subject property is: 2466 Calle Serena, San Diego, CA 92139. The assessors parcel number of the subject property is: 587-291-02.
2. Subject to the Court's approval, IT IS HEREBY STIPULATED by and between plaintiff Ulvila and Defendants that the Grant Deed (Exhibit "C" herein) shall be declared null and void.
3. Concurrent and as part of the stipulation Ulvila shall withdraw his motion for Partial Summary Judgment.
4. Subject to the Court approval IT IS HEREBY STIPULATED by and between Plaintiff Ulvila and Defendants named herein, by and through their designated counsel that the above captioned action against the defendants Russell Davis Enterprises, LLC.; Mark Rice Stiles (AKA Mark R. Stiles and/or Daniel M. Ruedlinger); Raquel St. Claire Stiles (AKA Raquel Stiles and/or Margarita M. Ruedlinger); Gold Coast Management Services; Behzad Taghavi (AKA Behzad Tajhavi); Del Mar Business Services, Inc. is dismissed with prejudice pursuant to FRCP 41(a)(1).
ORDER
Having considered the parties Stipulation to void Grant Deed and for Dismissal, IT IS HEREBY ORDERED as follows:1. The Grant Deed, attached hereto and marked as Exhibit "C" herein, recorded in the official records of the San Diego County Recorder's Office on November 13, 2002, document number 2002-1013922 regarding the property located in 2466 Calle Serena, San Diego, CA 92139, is hereby declared null and void.
2. The above-captioned action against the defendants Russell Davis Enterprises, LLC., Mark Rice Stiles (AKA Mark R. Stiles and/or Daniel M. Ruedlinger), Raquel St. Claire Stiles (AKA Raquel Stiles and/or Margarita M. Ruedlinger); Gold Coast Management Services; Behzad Taghavi (AKA Behzad Tajhavi); Del Mar Business Services, Inc. is hereby dismissed with prejudice pursuant to FRCP 41(a)(1).
SO ORDERED AND ADJUDGED.