MANATT, PHELPS &

PHILLIPS, LLP 

ATTORNEYS AT LAW

LOS ANGELES

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203110222.2 

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF CERTAIN CLAIMS AND COUNTERCLAIM

BRAD W. SEILING (Bar No. CA 143515)

DONALD R. BROWN (Bar No. CA 156548) 

MANATT, PHELPS & PHILLIPS, LLP 

11355 West Olympic Boulevard 

Los Angeles, CA 90064-1614 

Telephone: (310) 312-4000 

Facsimile: (310) 312-4224 

E-mail: bseiling@manatt.com; dbrown@manatt.com 

Attorneys for Defendant

CashCall, Inc. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

KRISTA O’DONOVAN and EDUARDO 

DE LA TORRE, individually and on behalf 

of all others similarly situated, 

Plaintiff, 

vs. 

CASHCALL, INC., a California 

corporation, and DOES 1 through DOE 50, 

inclusive, 

Defendants. 

Case No. C 08-03174 MEJ 

STIPULATION AND [PROPOSED] 

ORDER FOR VOLUNTARY DISMISSAL 

OF CERTAIN CLAIMS AND 

COUNTERCLAIM 

Hon. Maria-Elena James 

Case 3:08-cv-03174-TSH Document 288 Filed 05/08/15 Page 1 of 3
MANATT, PHELPS &

PHILLIPS, LLP 

ATTORNEYS AT LAW

LOS ANGELES

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203110222.2 

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF CERTAIN CLAIMS AND COUNTERCLAIM

Plaintiffs Eduardo De La Torre and Lori Kemply f/k/a Saysourivong (“Plaintiffs”) and 

defendant CashCall, Inc. (“CashCall”), by and through their counsel, STIPULATE AND AGREE 

AS FOLLOWS: 

1. Plaintiffs dismiss with prejudice all of their claims against CashCall in this action 

except those claims, or portions thereof, that are asserted on behalf of the classes defined in this 

case as the Unconscionability Class and the Conditioning Class. The claims being dismissed by 

Plaintiffs are referred to below as the “Dismissed Claims.” The remaining claims by Plaintiffs 

are referred to below as the “Class Claims.” 

2. CashCall dismisses with prejudice its Counterclaim against Plaintiffs. 

3. Plaintiffs and CashCall fully and completely, irrevocably and unconditionally, 

release and forever discharge each other and their respective (as applicable) heirs, beneficiaries, 

executors, administrators, agents, attorneys, successors, assigns, subsidiaries, affiliates, parents, 

transferees, officers, directors, employees, and insurers from and on account of any and all 

claims, demands, proceedings, actions, causes of action, or charges of whatever nature and kind, 

known or unknown, suspected or unsuspected, existing or which may exist, wherever prosecuted, 

existing or which may exist, which either of the Parties may have against the other, arising out of 

the Dismissed Claims or the Counterclaim. 

4. The Parties agree to refrain from initiating any complaints, regulatory actions or 

proceedings, other litigation proceedings, or any other actions or proceedings related to the 

subject matter of the Dismissed Claims and the Counterclaim, either directly or in concert with 

others. 

5. The Parties specifically waive any rights and benefits under California Civil Code 

Section 1542, which states: “A general release does not extend to claims which the creditor does 

not know or suspect to exist in his or her favor at the time of executing the release, which if 

known by him or her must have materially affected his settlement with the debtor.” 

6. The Parties shall bear their own attorney’s fees, court costs (if any), and litigation 

expenses on the Dismissed Claims and the Counterclaim. 

Case 3:08-cv-03174-TSH Document 288 Filed 05/08/15 Page 2 of 3
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203110222.2 2

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF CERTAIN CLAIMS AND COUNTERCLAIM

7. Nothing in this Stipulation is intended to release, discharge, limit, expand, impair, 

or otherwise affect the Class Claims, defenses to the Class Claims, or the recovery of costs 

pertaining to the Class Claims. 

8. The dismissals and releases recited above do not constitute an admission of 

liability by any Party and shall not be used by any Party or any other person or entity in any 

litigation or proceeding for that purpose. 

Dated: May 7, 2015 MANATT, PHELPS & PHILLIPS, LLP

By: /s/ Brad W. Seiling 

Brad W. Seiling 

Attorneys for Defendant 

CashCall, Inc.

Dated: May 7, 2015 LAW OFFICE OF ARTHUR D. LEVY

By: /s/ Arthur D. Levy 

Arthur D. Levy 

Attorneys for Plaintiffs 

Krista O’Donovan and Eduardo De La Torre

ORDER 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: May ____, 2015 

MARIA-ELENA JAMES 

United States Magistrate Judge

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Case 3:08-cv-03174-TSH Document 288 Filed 05/08/15 Page 3 of 3