The opinion of the court was delivered by: Judge Jon S. Tigar
JOINT STIPULATION TO DISMISS COUNT II (WRONGFUL DEATH) FROM PLAINTIFF'S COMPLAINT; [PROPOSED] ORDER
Plaintiffs Eva Forrester, Christopher M. Forrester, Bryan Thomas Forrester and Stefanie Forrester (hereinafter the "Forresters"), by and through their attorney SCOTT H.Z. SUMNER, and 3 Defendant ORKIN SERVICES OF CALIFORNIA, INC. (hereinafter "Orkin"), by and through its 4 attorneys, Anna M. Martin, Joseph F. Charles and Daniel J. Gerber (admitted Pro Hac Vice) jointly 5 stipulate the following claim in Plaintiffs' First Amended Complaint be dismissed with prejudice 6 and that, by force of this stipulation and Order, the Forresters' First Amended Complaint be 7 amended as follows: 8
1. Plaintiffs' Second Cause of Action for wrongful death is dismissed with prejudice; 9 and 10
2. The Parties further stipulate that they are each to bear its own attorney's fees and 11 costs and that all rights of appeal are waived, as related to the above-mentioned claim. 12
Therefore, Plaintiffs' First Amended Complaint, filed in Contra Costa County Superior Court on February 29, 2012 and removed to this court by Orkin on April 20, 2012, shall be deemed 14 so amended by this Stipulation and Order.
Because this amendment limits existing claims but does not add any new claims, Orkin's 13 16 currently operative Answer, filed in Contra Costa County Superior Court on April 23, 2012, shall 17 continue to be its currently operative Answer. 18
DATED: March 19, 2013 By: /S/ Scott H.Z. Sumner 20 SCOTT H.Z. SUMNER KHORRAMI, LLP Attorneys for Plaintiffs EVA FORRESTER, CHRISTOPHER M. 21 FORRESTER, BRYAN THOMAS FORRESTER, and STEPHANIE FORRESTER 22 23 DATED: March 19, 2013 By: /S/ Anna M. Martin 24 ANNA M. MARTIN JOSEPH F. CHARLES Attorneys for Defendants ORKIN SERVICES OF CALIFORNIA, INC.; 25 (also improperly sued and served herein as ORKIN, INC. and ORKIN EXTERMINATING COMPANY, 26 INC.)
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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