1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

MICHAEL B. IJAMS (Bar No. 084150)

MARIA C. JAIME (Bar No. 231502)

CURTIS LEGAL GROUP

A Professional Law Corporation

1300 K Street, Second Floor (95354)

P.O. Box 3030

Modesto, CA 95353

(209) 521-1800; (209) 572-3501 FAX

mijams@curtislegalgroup.com

mjaime@curtislegalgroup.com

Attorneys for Plaintiffs Elizabeth Tackaberry

and J.E.L., a minor, by and through 

her Guardian ad Litem Jovita Muñoz Lopez

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ELIZABETH TACKABERRY and J.E.L., a

minor, by and through her Guardian ad

Litem, Jovita Muñoz Lopez,

Plaintiffs,

v. 

THE COUNTY OF ALAMEDA; ALAMEDA

COUNTY SHERIFF’S DEPARTMENT;

SHERIFF GREGORY AHERN, individually

and in his official capacity; SANTA RITA

JAIL; CITY of LIVERMORE; LIVERMORE

POLICE DEPARTMENT; STEVE

SWEENEY, in his official capacity and

individually; PUBLIC HEALTH SERVICES,

INC; and DOES 1 to 100, inclusive,

Defendants.

 /

No. 08-CV05762 WHA

[PROPOSED] ORDER APPROVING

MINOR’S COMPROMISE. 

The Court, having reviewed the settlement terms, the facts and circumstances

surrounding the case, and the PETITION FOR COURT APPROVAL OF MINOR'S

COMPROMISE of Plaintiff J.E.L., a minor, by and through her Guardian ad Litem Jovita

Muñoz Lopez, and supporting documents, and good cause appearing therefore,

[PROPOSED] ORDER APPROVING MINOR'S COMPROMISE

Case No. 08-CV05762 W HA

Case 3:08-cv-05762-WHA Document 73 Filed 08/02/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

THE COURT Hereby approves the settlement conditions set forth in Plaintiff’s

PETITION FOR COURT APPROVAL OF MINOR'S COMPROMISE and supporting

documents and declarations, and 

IT IS ORDERED that the gross amount of settlement in favor of claimant is

$106,666.67. The proceeds of the settlement shall be disbursed in the following

manner:

Fees, costs, and expenses: Fees, costs, and expenses shall be paid by one or

more checks or drafts, drawn payable to the following persons/entities. 

1) Reimbursement for advanced costs and expenses: $9,789.30 shall be

payable to Curtis Legal Group. 

2) Payment for attorney’s fees: $26,666.67 shall be payable to Curtis Legal

Group. 

Total allowance for fees, costs, and expenses from the settlement: $36,455.97.

Balance: The balance of the settlement available for claimant after payment for

all allowed fees, costs and expenses is: $70,210.70. The balance shall be paid by one

or more checks or drafts drawn payable to the following persons/entities: 

3) Blocked account: $35,105.35 shall be payable to the petitioner as trustee for

the claimant. Each such check or draft must bear an endorsement on the face or

reverse that it is for deposit in an interest-bearing, federally insured account in the

name of petitioner as trustee for claimant, and no withdrawals may be made except as

provided by a further written order under this case name and number, signed by a

judicial officer, and bearing the seal of this court. When the minor attains the age of 18

years, the depository, without further order from this court, is authorized and directed to

pay by check or draft directly to the former minor, upon proper demand, all moneys

including interest deposited under this order. The money on deposit is not subject to

escheat. 

4) Annuity: $35,105.35 shall be payable to the petitioner as trustee for the

claimant. Each such check or draft must bear an endorsement on the face or reverse

[PROPOSED] ORDER APPROVING MINOR'S COMPROMISE

Case No. 08-CV05762 W HA 2

Case 3:08-cv-05762-WHA Document 73 Filed 08/02/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

that it is for deposit in a single-premium deferred annuity in the name of petitioner as

trustee for claimant, and no withdrawals may be made except as provided by a further

written order under this case name and number, signed by a judicial officer, and

bearing the seal of this court. The money on deposit is not subject to escheat, and 

IT IS FURTHER ORDERED, that within 30 days of receipt of a check or draft

described above under paragraphs 3 and 4, the petitioner or petitioner’s attorney must

deposit the check or draft in the petitioner’s name as trustee for the claimant into one or

more blocked accounts and annuities as described above, and 

IT IS FURTHER ORDERED, that upon receipt of the full amount of the

settlement sum approved by this order and the deposit of funds, the petitioner is

authorized and directed to execute to the payers a full, complete, and final release and

discharge of any and all claims and demands of the claimant by reason of the incident

described in the petition and the resultant injuries to the claimant. Petitioner is further

authorized and directed to properly execute a dismissal with prejudice.

DATED: 

UNITED STATES DISTRICT COURT JUDGE

[PROPOSED] ORDER APPROVING MINOR'S COMPROMISE

Case No. 08-CV05762 W HA 3

August 2, 2010.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cv-05762-WHA Document 73 Filed 08/02/10 Page 3 of 3