Stipulation and OrderCal. Super. - 6th Dist.March 18, 202121 CV379036 Santa Clara - Civil EFS-Iflmagon ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR NO-i FOR counrUSE ONLY NAME: Lance Bayer, Special Assistant City Attorney (SBN: 85149) FIRM NAME: City of Mountain View, City Attorneys Office STREET ADDRESS: 500 Castro Street CITY: Mountain View STATE: Ca ZIP CODE: 94041 TELEPHONENO-I 650-903-6303 FAX “0-: on 10/27/2021 10:11 AM E-MAIL ADDRESS: cityattorney@mountainview.gov ATTORNEY FOR (name): City of Mountain View Reviewed By: R. Aragon -ase #21 CV379036 SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA E I _ 7546491STREETADDREss: 191 North First Street "V9 0P9- MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Courthouse - Civil Division CASE NUMBER: PLAINTIFF/PETITIONER: City of Mountain View 21CV379036 DEFENDANT/RESPONDENT: Terrence Emerson Ivie JUDICIAL OFFICER: OTHER: DEPT: PROPOSED ORDER (COVER SHEET) NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1- Name of the party submitting the proposed order: City of Mountain View 2- Title of the proposed order: Stipulation and Order 3. The proceeding to which the proposed order relates is: a. Description of proceeding: b. Date and time: None set c. Place: 4. The proposed order was served on the other parties in the case. Lance Bayer ’ W5W (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY WA'I'I'ORNEY) Page 1 of 2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SH EET) Cal. Rules of Court, Judicial Council of California _ _ _ rules 2.252, 3.1312 EFS-020 [Rev. February 1, 2017] (Electronlc Flllng) www.courts.ca.gov EFS-020 CASE NAME: CASE NUMBER: City of Mountain View v. Terrence Emerson lvie 21CV379036 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. a- My residence or business address is (specify): City of Mountain View, 500 Castro Street, Mountain View, CA 94041 b. My electronic service address is (specify): Iynette.king@mountainview.gov 2_ | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated): This Stipulation and Order wi|| be served once signed by the Judge b. To (electronic service address of person served): c. On (date): E Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 10/27/2021 Lynette D. King ’ qu’Le‘H'B’ D. Km (TYPE OR PRINT NAME OF DECLARANT) TSIGNATURE OF DECLARAm’) EFS-020 (Rev. February 1, 2017] PROPOSED ORDER (COVER SH EET) Page 2 of2 (Electronic Filing) Exempt from Filing Fees Govt. Code Section 6103 KRISHAN CHOPRA (State Bar No. 192032) City Attorney LANCE BAYER (State Bar No. 81549) Assistant City Attorney NICOLE C. WRIGHT (State Bar No. 260741) Senior Assistant City Attorney MEGAN J. MAREVICH (Stale Ba: Nu. 288358) Senior Deputy City Attorney CITY OF MOUNTAIN VIEW 500 Castro Street Mountain View, CA 94041 Telephone: (650) 903-6303 Facsimile: (650) 967-4215 Attorneys for Petitioner, CITY OF MOUNTAIN VIEW IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA CITY 0F MOUNTAIN VIEW, ) Case No. 21CV379036 A Municipal Corporation, ) ) Petitioner, ) ) STIPULATION AND ORDER v. ) ) TERRENCE EMERSON IVIE, ) (Welfare and Institutions Code §§ 8 102) ) Respondent. ) ) The CITY 0F MOUNTAIN VIEW (“City”), represented by the City of Mountain View City Attomey’s Ofi'loe; TERRENCE EMERSON IVIE (“Respondent”), representing himself; and third party Harry Dwyer (“ML Dwyer”), US Firearms Company. located at 590 S. Mary Avenue, Sunnyvale, CA 94086 (Petitioner, Respondent and Mr. Harry Dwyer shall be collectively referred to herein as “the Parties”) hereby stipulate that the City’s petition filed under Welfare and Institutions Code § 8102 is dismissed without prejudice to either 1 Filed December 3, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV379036 By: rburciaga Signed: 12/3/2021 02:18 PM Case No. 21CV379036 party on the following terms and conditions: o The City filed a Petition Regarding Disposition ofWeapons under Penal Code § 8102 on March l8, 2021, by which it sought to have the following firearms taken from Respondent forfeited and destroyed: Winchester Model 69 short rifle and Remington 700 rifle (collectively referred to as “the Weapons”). 2. The Parties agree that none of the Weapons will be returned to Respondent. Furthermore, it is the Parties’ understanding that ReSpondent is subject to a five-year firearms prohibition that prohibits Respondent from owning, possessing, or controlling firearms and ammunition. 3. Respondent agrees the Weapons are to be transferred to Mr. Dwyer, a licensed firean'ns dealer with US Firearms Company, in accordance with State and Federal laws. The transfer of the Weapons shall be a final bona fide transaction and Respondent shall retain no interest in said Weapons. 4. Respondent agrees he shall not attempt to regain possession of the subject Weapons either directly or indirectly. Respondent further agrees that if he is ever found to be in possession ofthe subject Weapons this Stipulation will be void and the City may refile this petition for forfeiture and seek a court order for forfeiture of the Weapons. 5. Mr. Dwyer agees to discharge his duties in accordance with State and Federal law. Mr. Dwyer agrees that none of the Weapons will be returned, transferred or sold to either Respondent or an agent of Respondent to the best of his knowledge. Mr. Dwyer agrees to only sell or transfer the weapons to an unrelated, third party not associated with or acting on behalf of Respondent to the best of his knowledge. Mr. Dwyer acknowledges that in the event of return, transfer, or sale of any of the above-mentioned Weapons to Respondent or Respondent’s agent, City reserves the right to communicate breach ofthis Stipulation with the United States Department of Justice. 6. In the event the Weapons are not retrieved by Mr. Dwyer within 90 days of 2 Case No. 21CV379036 the date of this Order, they will be deemed forfeited to the City of Mountain View and subject lo destruction pursuant to Welfare and Institutions Code § 8102. 7. Respondent and Mr. Dwyer agree to indemnify, defend, and hold harml-ess thc City of Mountain View, its officers, agents and employees, including the Police Chief, fi‘om any claims, damages, lawsuits, or actions of any type that are related in any way to rclcasc of thc Weapons identified in and pursuant to this Stipulation. 8. The Parties shall bear their own attorney’s fees and costs and this Stipulation resolves all claims between the Parties through the date ofthis Stipulation and Order. 9. The Parties acknowledge their rights to discuss this Stipulation with an attorney. 10. The Parties signing this Stipulation request thc Court to sign this Order embodying the terms and conditions ofthis Stipulation. SO STIPULATED. Date: Date: 95” ’8 270;! Harry wyer, US Firearms Company Lance Bayer U Attorney for City ofMountain View SO ORDERED. Date: JUDGE OF THE SUPERIOR COURT December 2, 2021 Signed: 12/2/2021 03:03 PM