Opinion
Scott D. Rogers, RUTAN & TUCKER, LLP, Palo Alto, California, Caroline R. Djang, RUTAN & TUCKER, LLP, Costa Mesa, California, Attorneys for Plaintiff, WESTAMERICA BANK.
Scott A. Slomiak, LAW OFFICE OF SCOTT A. SLOMIAK, San Rafael, CA, Attorneys for Defendants, TMP SSH OPERATIONS, L.L.C. and RMC MEDSTONE CAPITAL, L.P.
STIPULATION AND ORDER ESTABLISHING AMOUNT OF JUDGMENT
JOHN A. MENDEZ, District Judge.
This Stipulation Establishing Amount of Judgment is entered into by and between Plaintiff Westamerica Bank ("Westamerica"), on the one hand, and Defendant TMP SSH Operations, LLC ("TMP") and Defendant RMC Medstone Capital, LP ("RMC" and collectively with "TMP, " the "Defendants") and is based on the following facts:
RECITALS
1. The Motion for Summary Judgment (the "Motion") filed by Westamerica against Defendants came on regularly for hearing on August 5, 2015, at 9:30 a.m. in Courtroom 6 of the above-captioned Court.
2. At the hearing on the Motion, the Court granted the Motion in its entirety, but left the amount of the judgment to be entered against the Defendants to be determined by the parties, if possible.
3. The Court entered the Order Re Plaintiff Westamerica Bank's Motion for Summary Judgment on August 5, 2015 [Doc. 23] (the "Order").
4. Westamerica and Defendants agree that, as of the date of the Order, the amount of the judgment against Defendants in Westamerica's favor, consisting of the remaining principal balance, plus the interest, fees and costs associated with the loan at issue in the Motion was $11, 030, 053.85.
STIPULATION
NOW, THEREFORE, based upon the foregoing facts and assertions, subject to the approval of the Court, the parties, intending to be bound, hereby stipulate and agree, by and through their respective counsel of record, as follows:
A. Judgment shall be entered in favor of Westamerica and against TMP and RMC, jointly and severally, in the sum of $11, 030, 053.85, effective as of August 5, 2015; and
B. This Stipulation may be executed in one or more counterparts, and facsimile or electronic signatures may be used in filing this document with the Court.
IT IS SO ORDERED.