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American National Insurance Company, A Texas Corporation v. Janeth Vallejo Aka Janeth Vallejo Hernandez Aka Janeth Hernandez

March 8, 2013

AMERICAN NATIONAL INSURANCE COMPANY, A TEXAS CORPORATION, PLAINTIFF,
v.
JANETH VALLEJO AKA JANETH VALLEJO HERNANDEZ AKA JANETH HERNANDEZ; CARLOS VALLEJO, JR., A MINOR, BY AND THROUGH HIS GUARDIANS, NOELIA HERNANDEZ AND CELSO HERNANDEZ GARCIA; DESTINY VALLEJO, A MINOR, BY AND THROUGH HER GUARDIANS, NOELIA HERNANDEZ AND CELSO HERNANDEZ GARCIA; ENRIQUE VALLEJO, A MINOR, BY AND THROUGH HIS GUARDIANS, NOELIA HERNANDEZ AND CELSO HERNANDEZ GARCIA; AND CARLOTTA HERNANDEZ, DEFENDANTS.



The opinion of the court was delivered by: James V. Selna Judge of the United States District Court

JS-6

STIPULATED JUDGMENT IN INTERPLEADER

Pursuant to the Stipulation and Order for Entry of Judgment in Interpleader entered into by and among Plaintiff, American National Insurance Company, a Texas corporation (hereinafter "Plaintiff"), and Defendants, Janeth Vallejo aka Janeth Vallejo Hernandez aka Janeth Hernandez, Carlos Vallejo, Jr., a minor, by and through his Guardians, Noelia Hernandez and Celso Hernandez Garcia, Destiny Vallejo, a minor, by and through her Guardians, Noelia Hernandez and Celso Hernandez Garcia, Enrique Vallejo, a minor, by and through his Guardians, Noelia Hernandez and Celso Hernandez Garcia, and Carlotta Hernandez (hereinafter collectively "Defendants"), and it appearing that the above-entitled Court has jurisdiction over the parties and the subject matter of this dispute,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. The Plaintiff has properly filed its Complaint for Interpleader and Declaratory Relief (hereinafter the "Complaint") against Defendants seeking a judicial determination of the rights and obligations of the Plaintiff and the Defendants with respect to three whole life insurance policies issued by Plaintiff, as insurer, to Carlos Humberto Vallejo, as the insured, and the entitlement, if any, of the Defendants, and each of them, to the death benefits owed under said policies, and this is a proper cause for interpleader.

2. On April 5, 2010, Carlos Humberto Vallejo (hereinafter the "decedent") died as a result of a stab wound inflicted by his wife, Defendant Janeth Vallejo. A criminal complaint was filed against Defendant Janeth Vallejo entitled State of California v. Janeth Hernandez aka Janeth Vallejo, Orange County Superior Court, Case No. SAPD 10-11057. Defendant Janeth Vallejo pleaded guilty to and was convicted of voluntary manslaughter and sentenced to seven (7) years in prison. Defendant Janeth Vallejo is serving that sentence and is incarcerated in the State of California.

3. During his lifetime, the decedent purchased the following three whole life insurance policies from Plaintiff (hereinafter collectively referred to as the "Policies"): (1) policy no. M14479538 issued on April 26, 2004; (2) policy no. M16105695 issued on May 22, 2009; and (3) policy no. M16138448 issued on October 5, 2009; that primary beneficiary on each one of the Policies was defendant Janeth Vallejo. The secondary beneficiary on policy no. M14479538 was defendant Carlos Vallejo, Jr. There was no secondary beneficiary on policy no. M16105695 or on policy no. M16138448.

4. The death benefits under the Policies are as follows: (1) policy no. M14479538 -- twenty thousand dollars ($20,000); (2) policy no. M16105695 -- twenty thousand dollars ($20,000); and (3) policy no. M161138448 -- fifty thousand dollars ($50,000). By reason of the death of the decedent, the death benefits under the Policies have become due and owing.

5. The decedent's wife, Defendant Janeth Vallejo, was the primary beneficiary named on the Policies. However, given that she has pleaded guilty to and was convicted of voluntary manslaughter in connection with the death of the decedent, and she has been sentenced to seven (7) years in prison, she is not entitled to any part of the death benefits payable under the Policies. See California Probate Code §§250(a) and 252.

6. The decedent's eldest child, Defendant Carlos Vallejo, Jr., is the one and only secondary beneficiary named on policy no. M14479538. Therefore, he is entitled to the death benefits payable under policy no. M14479538.

7. There is no secondary beneficiary named on policy no. M16105695 or policy no. M16138448. Therefore, the Estate of Carlos Humberto Vallejo (the decedent) is entitled to the death benefits payable under these policies. Carlos Humberto Vallejo (the decedent) died intestate without any probate proceeding being instituted. The decedent is survived by his wife, Defendant Janeth Vallejo, and his three children, Defendants Carlos Vallejo, Jr., Destiny Vallejo, and Enrique Vallejo. Given that Defendant Janeth Vallejo is not entitled to any part of the death benefits payable under the Policies (California Probate Code §§250(a) and 252), the death benefits payable under policy no. M16105695 and policy no. M16138448 should be distributed equally to the decedent's three children, Defendants Carlos Vallejo, Jr., Destiny Vallejo, and Enrique Vallejo, in accordance with the intestate succession laws of the State of California.

8. Defendant Carlotta Hernandez, the mother of the decedent, filed a formal claim with Plaintiff for the death benefits owed under the Policies. However, there is no basis for her claim, and she is not entitled to any part of the death benefits payable under the Policies.

9. Policy no. M16138448 has an Accidental Death Benefit Rider, however, no benefits are payable under the Accidental Death Benefit Rider of policy no. M16138448 because of Exclusion (9) of this Rider which provides that the "Rider's benefit will not be paid if the death of the insured occurs as a direct or indirect result of any of the following: * * * (9) Injuries intentionally inflicted by another person."

10. Noelia Hernandez and Celso Hernandez Garcia, the parents of Defendant Janeth Vallejo, have been appointed by the court as Guardians of the decedent's minor children, Defendants Carlos Vallejo, Jr., Destiny Vallejo, and Enrique Vallejo, and the following Letters of Guardianship (Juvenile) have been issued by the Superior Court of the State of California for the County of Orange:

(a) Letters of Guardianship (Juvenile) for Carlos Vallejo, Jr., in the case entitled Carlos H. Vallejo, Orange County ...


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