Plaintiff’s Response- California


Sean Rashti

5150 Yarmouth Avenue

Apt 210

Encino, CA 91316

Email Address: sean_rashti@yahoo.com 

 

Plaintiff in Pro Per

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES

SEAN RASHTI,

                                  Plaintiff

                   vs.

TOBY WANK

                                      Defendant

 Case No.: 19STCV42312

Judge: Honorable Thomas D. Long

Dept: 31

RESPONSE TO STIPULATION & ORDER TO PROCEED AGAINST ESTATE AND LIMIT RECOVERY TO INSURANCE POLICY LIMITS   

NOW COMES SEAN RASHTI, Plaintiff, Proceeding Pro Se, and responds to the Stipulation & Order to Proceed Against Estate and Limit Recovery to Insurance Policy Limits. Accordingly, Plaintiff states as follows:    

  1. Attorney for Defendant alleges that the Defendant was insured under an automobile liability policy with State Farm Mutual Automobile Insurance Company with a person limit of $250,000. Plaintiff invites the Defendant’s Attorney to strict proof of the said allegation. In the event it is found that the Defendant indeed was insured as alleged by the Defendant’s Attorney, any verdict and/or award in this case shall be limited to $250,000.
  2. Defendant’s Attorney alleges that the Defendant passed away on or about January 9, 2021. Plaintiff invites the Defendant’s Attorney to strict proof of the said allegation. In the event it is found that the Defendant indeed passed away, Plaintiff will pursue this case against the Estate of the Defendant, pursuant to Probate Code section 550, et seq. 
  3. Accordingly, Plaintiff agrees as follows:
  1. This case shall proceed against the Estate of the Defendant in the event the Defendant’s Attorney presents proof of Defendant’s death.
  2. Plaintiff will serve the Complaint and Summons of this case to State Farm pursuant to Probate Code section 550 et seq. And State Farm shall file an Answer thereof. 
  3. Any settlement, judgment, verdict or award in the instant case shall be limited to $250,000, in the event the Defendant’s Attorney presents proof of Defendant’s insurance policy. 

Subject to the Defendant’s Attorney presenting the proof for the allegations above, Plaintiff and Defendant’s Attorney shall enter the Stipulation & Order to Proceed Against Estate and Limit Recovery to Insurance Policy Limits. 

DATED: 

Respectfully submitted,

 

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], a copy of the foregoing document has been sent to the Defendant in the following address:

 

Dustin J. Lee, State Bar No. 270260

MARK R. WEINER & ASSOCIATES

Employees of the Law Department

State Farm Mutual Automobile Insurance Company

655 North Central Avenue, 12th Floor

Glendale, California 91203-1434

Telephone: (818) 543-4000 / FAX: (855) 396-3606

E-Mail Address: Cali.Law-Lee-D@statefarm.com 

DATED:     

   

                               

   

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