The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
STIPULATION FOR JUDGMENT AND ORDER THERETO
Plaintiff Western Surety Company, and defendants AUTO AMERICA, INC., a California corporation; and MOCTEZUMA TOVAR, an individual, and their attorneys of record stipulate and agree as follows:
1. Plaintiff Western Surety Company issued a motor vehicle dealer bond to Auto America, Inc. in order for Auto America, Inc. to do business as a motor vehicle dealer in California. On behalf of himself and Auto America, Inc. Moctezuma Tovar executed an indemnity agreement in favor of Western Surety Company for reimbursement of funds paid on the motor vehicle bond to any claimants, as well as for costs and attorney fees.
2. Multiple claims were made on the bond which in total exceeded the $50,000.00 value of the bond. These claims resulted in the bond funds being interpled in the present action.
3. Western Surety Company and the claimants on the bond (interpleader defendants herein) reached a stipulation for disbursement of the interpled funds.
4. In its complaint, Western Surety Company seeks to recover from Tovar and Auto America, Inc. the amount of the bond funds distributed to claimants, plus additional attorney fees and costs which have not been reimbursed to Great American from the bond itself.
5. This Stipulation for Judgment represents the negotiated termination of the present case between the parties.
TERMS OF STIPULATED JUDGMENT
1. The Court will enter judgment in this action, pursuant to this stipulation, on request of any party without notice to the other parties as follows:
a. Damages in favor of Western Surety Company and against AUTO AMERICA, INC., a California corporation; and MOCTEZUMA TOVAR, an individual in the amount of $50,000.00;
b. An award of attorneys fees in the amount of $1,506.53
c. An award of costs in the amount of $334.00
d. The total amount of judgment is ...