Stipulation and OrderCal. Super. - 6th Dist.November 19, 2020Daniel J. Jungwirth (SBN 151704) CARBONE, SMITH A KOYAMA 555 12th Street, Suite 1250 Oakland, CA 94607-4095 Telephone: (408) 392-8665 Facsimile: (510) 834-8450 Email: Daniel.Jungwirth@csaa.corn ATTORNEYS FOR DEFENDANT ESTATE OF EDWARD CONNELLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA UNLIMITED CIVIL JURISDICTION 10 ll 12 13 14 15 16 Ben Tehrani, Plaintiff, V. Edward Connolly, Does I to 25, Defendants. Case No. 20CV373790 STIPULATION TO CAP DAMAGES AT THE POLICY LIMITS AND WAIVE SERVICE OF THE SUMMONS AND COMPLAINT 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES that the maximum damages the plaintiff can receive by settlement, binding arbitration award or verdict including expert costs and court costs is the defendant's policy limits of $ 100,000.00. IT IS FURTHER STIPULATED BY AND BETWEEN THE PARTIES that the defendant Estate of Edward Connolly waives service of the summons and complaint and will voluntarily file an answer to the summons and complaint. DATED: June 17, 2021 HABBAS ATES Jeff Atteb Attorneys Ben Tehrani STIPLILATION TO CAP DAMAGES AT THE POLICY LIMITS AND WAIVE SERVICE OF THE SLIMMONS AND COMPLAINT on 6/24/2021 12:07 PM Reviewed By: L Del Mundo Envelope: 6716158 Filed August 4, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV373790 By: afloresca Signed: 8/4/2021 11:06 AM DATED: June 17, 2021 CARBONE, SMITH & KOYAMA Daniel J. Jnngwirth Attorneys for Defendant Estate of Edward Connelly IT IS SO ORDERED. DATED: 10 JUDGE OF THE SUPERIOR COURT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION TO CAP DAMAGES AT THE POLICY LIMITS AND WAIVE SERVICE OF THE SUMMONS AND COMPLAINT -2- Socrates Peter Manoukian 30 July 2021 Signed: 7/30/2021 08:50 PM Tehrani v. Connollv Santa Clara County Superior Court Case No. 20CV373790 7 8 9 10 11 PROOF OF SERVICE I, Honorio Hilario, am a citizen of the United States and employed by the office of Carbone, Smith & Koyama located at 555 12th Street, Suite 1250, Oakland, CA 94607-4095. I am over the age of 18 years and am not a party to this action. On the below date, I served the accompanying STIPULATION TO CAP DAMAGES AT THE POLICY LIMITS AND WAIVE SERVICE OF THE SUMMONS AND COMPLAINT Error! Bookmark not defined.on the parties in said action addressed as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Jeff B. Atterbury, Esq. Habbas Nasseri and Associates Habbas & Associates 675 N 1st St., Ste 1000 San Jose, CA 95112-5160 Attorney for Plaintiff 408-278-0488 jatterbury@habbaslaw.corn x BY ELECTRONIC TRANSMISSION: Pursuant to California Code of Civil Procedure section 1010.6(e)(1), effective September 18, 2020, or an agreement of the parties to accept service by electronic transmission, I caused the document(s) to be electronically sent to the persons at the email address(es) indicated on the above list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. I declare that I am employed in the offices of a member of the bar of this court at whose direction the service was made. Dated: June 17, 2021 27 28 Honorio Hilario STIPULATION TO CAP DAMAGES AT THE POLICY LIMITS AND WAIVE SERVICE OF THE SUMMONS AN D COMPLAINT Filed August 4, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV373790 By: afloresca Signed: 8/4/2021 11:06 AM