The opinion of the court was delivered by: MARILYN HUFF, District Judge
STIPULATION FOR DISMISSAL; ORDER THEREON
The parties hereto hereby stipulate and agree as follows:
1. This entire action is hereby dismissed with prejudice,
including all related third party and cross actions.
Notwithstanding the foregoing, however, the court shall retain
jurisdiction in this matter with regard only to plaintiff and
cross-defendant XEROX CORPORATION'S ("Xerox") first amended
complaint to the extent necessary to enter judgment against
defendant Z&R INVESTMENTS, INC. ("ZRI"), ZAREH (Kirk) KRIKORIAN
("Krikorian") and/or KAREN S. STOWE ("Stowe") in the event ZRI,
Krikorian and/or Stowe fail to fulfill their obligations to Xerox
as delineated herein. ZRI and Krikorian shall be collectively
referred to as "ZK". 2. In the event ZK fail to strictly comply with the provisions
of paragraph 3 hereof, judgment shall be entered in favor of
Xerox and against ZK, jointly and severally, in the sum of
$67,500.00 (sixty-seven thousand five hundred dollars), less all
amounts that are indeed paid by ZK under this stipulation.
3. Judgment shall not be entered against ZK so long as ZK
strictly complies with the following payment schedule:
ZK shall pay to Xerox the sum of $67,500.00 (sixty-seven
thousand five hundred dollars) as follows:
(a) ZK shall pay to Xerox the sum of $33,750.00 (thirty-three
thousand seven hundred fifty dollars) on December 15, 2005;
(b) ZK shall pay to Xerox the sum of $33,750.00 (thirty-three
thousand seven hundred fifty dollars) on February 15, 2006.
(c) All payments shall be made payable to "Spector & Bennett
Trust Account" and forwarded to Xerox's attorneys of record,
Spector & Bennett, A Professional Corporation, located at
50 California Street, 15th Floor, San Francisco, California 94111.
All payments shall be made by cashier's check only. A tender
in any other form shall be deemed hereunder as the equivalent of
no tender at all, enabling Xerox to enter judgment as provided
for herein. Notwithstanding anything contained herein to the
contrary, to the extent there is a default in payment hereunder
by ZK, the sum of $67,500.00 (sixty-seven thousand five hundred
dollars), less any amounts paid to Xerox hereunder, shall
immediately become due and payable by ZK.
(d) ZK agree to surrender possession of the following equipment
(the "Equipment to be Returned) to Xerox no later than December
15, 2005:
EQUIPMENT SERIAL NO.
Xerox Document Centre 470 NEO-125540
ZK and Xerox agree to reasonably work together to arrange for a
mutually agreeable time no later than December 15, 2005 for Xerox
to retrieve the Equipment to be Returned at ZK's San Diego,
California facility. ZRI, Krikorian and Stowe each hereby waive
in favor of Xerox any right, title or interest which they may maintain to
the Equipment to be Returned.
4. In the event Stowe fails to strictly comply with the
provisions of paragraph 5 hereof, judgment shall be entered in
favor of Xerox and against Stowe, in the sum of $5,000.00 (five
thousand dollars), less all amounts that are indeed paid by Stowe
under this stipulation.
5. Judgment shall not be entered against Stowe so long as Stowe
strictly complies with the following payment schedule:
(a) Stowe shall pay to Xerox the sum of $5,000.00 (five
thousand dollars) on December 15, 2005.
(b) Said payment shall be made payable to "Spector & Bennett
Trust Account" and forwarded to Xerox's attorneys of record,
Spector & Bennett, A Professional Corporation, located at
50 California Street, 15th Floor, San Francisco, California 94111.
Said payment shall be made by cashier's check only. A tender
in any other form shall be deemed hereunder as the equivalent of
no tender at all, enabling Xerox to enter judgment as provided
for herein. Notwithstanding anything contained herein to the
contrary, to the extent there is a default in payment hereunder
by Stowe, the sum of $5,000.00 (five thousand dollars), less any
amounts paid to Xerox hereunder, shall immediately become due and
payable by Stowe.
6. A declaration by Xerox's counsel to the effect that a
payment was not received as provided for herein shall constitute
prima facie evidence of default and shall be deemed sufficient
evidence and cause for the court to enter the appropriate
judgment forthwith. ...