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PULTE HOME CORPORATION v. MICUDA

December 15, 2005.

PULTE HOME CORPORATION, a Michigan Corporation, Plaintiff,
v.
JOHN K. MICUDA, an individual, Defendant.



The opinion of the court was delivered by: M. LORENZ, District Judge

STIPULATED JUDGMENT FOR PLAINTIFF PULTE HOME CORPORATION AGAINST JOHN K. MICUDA
Whereas, on August 29, 2005, plaintiff Pulte Home Corporation ("Pulte"). filed a Complaint for Declaratory Judgment against defendant John K. Micuda ("Micuda") (collectively, the "Parties," or individually, a "Party"), alleging a controversy existed between the Parties regarding Micuda's alleged exclusive right to build self-storage in the Silverhawk Commerce Park in Riverside California, and Pulte's obligation, if any, to enforce that alleged right; and

Whereas, the Parties have agreed herein to resolve this matter and have this Judgment entered in favor of Pulte and against Micuda;

  IT IS HEREBY STIPULATED as follows:

  1. The Court may enter this STIPULATED JUDGMENT FOR PLAINTIFF PULTE HOME CORPORATION AGAINST JOHN K. MICUDA (hereafter, the "Stipulated Judgment").

  2. This Stipulated Judgment constitutes the complete and entire agreement of compromise, settlement and release between the Parties and constitutes the complete expression of the terms of their agreement. All prior and contemporaneous agreements, representations, and negotiations are superseded and merged herein.

  3. This Stipulated Judgment and its terms set forth herein, shall inure to the benefit of and shall be binding upon the Parties and their respective heirs, executors, successors, and assigns.

  4. The Parties and their counsel have reviewed and negotiated this Stipulated Judgment, and the normal rule of construction to the effect that any ambiguities in an agreement are to be resolved against the drafting party shall not be employed in the interpretation of this Stipulated Judgment.

  5. Each Party acknowledges that no other Party, nor any agent, nor any attorney of any other Party has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, or any other matter whatsoever, to induce said Party to execute or authorize the execution of this Stipulated Judgment. Each Party acknowledges that said Party has not executed or authorized the execution of this instrument in reliance upon any such promise, representation or warranty not contained herein.

  6. The Parties represent and warrant they have selected and retained their own attorneys, to represent such Parties with respect to this Stipulated Judgment and all matters covered by and related to it and that the Parties hereto have been fully advised by said attorneys with respect to their rights and obligations pursuant to this Stipulated Judgment. The Parties hereto declare that they know and understand the contents of this Stipulated Judgment and release of claims and that they have executed the same voluntarily. Each person or entity executing this Stipulated Judgment warrants and represents that he or it has the express authority to enter this Stipulated Judgment on behalf of all other persons or entities bound by it.

  7. Except for the obligations and representations set forth herein, Micuda, for himself and his successors, predecessors, heirs, partners, officers, directors, executors, administrators, corporations or other entities in which he owns or owned any significant interest, representatives, attorneys, insurers, spouses, agents and assigns (collectively the "Micuda Group") hereby releases and forever discharges Pulte, its predecessors, successors, parents, subsidiaries, and affiliates, including the Committees (as defined in paragraph 16 herein) and their members or putative members or directors, and all present and former officers, directors, partners, principals, employees, independent contractors, attorneys, insurers, agents (including but not limited to Sage Community Group, Inc. and its agents, employees, officers and directors) and its respective administrators, representatives, spouses, heirs, shareholders, agents and assigns (collectively, the "Pulte Group") from any and all claims, causes of action, suits, proceedings, debts, contracts, controversies, claims and demands of any kind, nature or description (collectively "Claims") now existing or which may hereafter arise from any facts, acts, omissions, occurrences, events or circumstances that existed or occurred on or before the date this Judgment is entered, whether based upon a tort, contract or other theory of recovery, and whether for compensatory damages, punitive damages or other relief in law, equity or otherwise.

  8. Except for the obligations and representations set forth herein, the Pulte Group hereby releases and forever discharges the Micuda Group from any and all Claims now existing or which may hereafter arise from any facts, acts, omissions, occurrences, events or circumstances that existed or occurred on or before the date this Judgment is entered, whether based upon a tort, contract or other theory of recovery, and whether for compensatory damages, punitive damages or other relief in law, equity or otherwise.

  9. Each of the Parties is familiar with Section 1542 of the California Civil Code which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  10. Each of the Parties expressly waives and relinquishes any and all rights and benefits he, she or it may have under, or which may be conferred upon him, her or it by the provisions of Section 1542 of the California Civil Code, as well as under any other similar state or federal statute or common law principle, to the fullest extent that they may lawfully waive such rights or benefits, except as set forth herein.

  11. Each Party hereto acknowledge that the foregoing waiver of California Civil Code Section 1542 was separately bargained for and is a key element of this Stipulated Judgment.

  12. Notwithstanding entry of judgment in favor of Pulte Group, each party hereto agrees to bear their own attorneys' fees and cost in connection with this action and Stipulated Judgment. Each party hereto also acknowledges that it does not have any additional ...


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