UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
October 20, 2010
LIANE G. VANE AND MICHAEL A. VANE, PLAINTIFFS,
FIRST AMERICAN TITLE COMPANY, INC., A CALIFORNIA CORPORATION; BRIAN P. HARMON; TARYN B. HARMON; AND FOOTHILL LAND CO., INC., D.B.A. CENTURY 21 SIERRA REALTORS, A CALIFORNIA CORPORATION, DEFENDANTS.
BRIAN P. HARMON AND TARYN B. HARMON, THIRD PARTY PLAINTIFFS,
MICHAEL A. FISHER, THIRD PARTY DEFENDANT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
We, Matthew D. Owdom and Randolf Krbechek, jointly declare as follows:
1. Randolf Krbechek is counsel for the Plaintiffs, Gen. and Mrs. Vane (the Vanes). Matthew D. Owdom is counsel for Mr. and Mrs. Harmon (the Harmons)and First American Title Co., Inc. (First American).
2. On June 23, 2010, the parties reached a settlement in this matter before the Hon. Judge Austin, United States Magistrate Judge.
3. As part of the settlement, a surveyor was required to survey the respective properties and create a lot line adjustment map. After the lot line adjustment map was drafted, an easement appurtenant in favor of the Vanes, over the Harmon parcel, was drafted. This process has been completed, but it took longer than anticipated.
4. Upon completion of the lot line adjustment map and easement, several additional issues, including indemnity issues between the Vanes and the Harmons, and the use of sprinklers on the Harmon parcel have arisen.
5. It has taken more time than expected to obtain a consensus between the Harmons and the Vanes on these issues. However, the parties are confident that these issues have been resolved and that the finalized settlement agreement will be executed within the next fifteen (15) days, upon which time a stipulation and order of dismissal will be filed with the Court. We request that the matter be continued so that the parties can complete the documentation for the settlement.
6. We have personal knowledge of the foregoing and are competent to testify to the same if necessary.
7. We declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
Dated: October 19, 2010
LAW OFFICES OF RANDOLF KRBECHEK Attorneys for Gen. and Mrs. Vane By: Randolf Krbechek
Dated: October 19, 2010 LAW OFFICES OF MICHAEL J. LAMPE Attorneys for Mr. and Mrs. Harmon and First American Title Co., Inc. By: Matthew D. Owdom
ORDER APPROVING STIPULATION AND REQUEST FOR ORDER
IT IS SO ORDERED.
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