marital by fanzhongqing


									 1   WILLIAM A. HANNOSH (SBN 249207)
 2   124 WEST MAIN ST., SUITE 230
     EL CAJON, CA 92020
 3   TEL. (619) 540-3688
     FAX (619) 440-2233
 5   Attorney for Petitioner,
     GUADALUPE P. SAMPLEEE,                   ) Case No.: 12345-0000
12                                            ) Dept. 5
                            Petitioner,       )
13                                            )
                      vs.                     ) MARITAL SETTLEMENT AGREEMENT
14                                            )
     HECTOR M. SAMPLEEE,                      )
15                                            )
                            Respondent.       )
16                                            )

           THIS AGREEMENT is made and entered into on
     __________________ 2008, in the City of El Cajon, State of
     California, by and between GUADALUPE P. SAMPLEEE (hereinafter
     “Wife”) and HECTOR M. SAMPLEEE (hereinafter “Husband”).                    Wife is
     represented by attorney, WILLIAM A. HANNOSH, while Husband is
     represented by attorney, SARA E. DEBRA.               Wife and Husband
     (referred to collectively as “the parties”) agree to be bound by
     the following terms and conditions of this Marital Settlement
                 1.      The parties were married on 10/7/1987.


                                  MARITAL SETTLEMENT AGREEMENT
 1               2.     The parties were separated on 7/26/2007.
 2               3.     The parties have two (2) minor children:
 3                      a. Genevieve C. Sampleee: Birth date 6/15/1992
 4                      b. Hector A. Sampleee:             Birth date 7/13/2003
 5               3.     Both Wife’s and Husband’s social security numbers
 6                      shall remain unlisted for the parties’ respective
 7                      security and privacy.
 8               4.     Irreconcilable differences have arisen between

 9                      the parties, and these differences have led to

10                      the irremediable breakdown of the marriage.                 The

11                      parties have separated, and agreed to live free

12                      from any interference by the other.               The parties

13                      agree that no further waiting period, marriage

14                      counseling, or conciliation efforts would save

15                      the marriage.

16               5.     The parties were legally separated on July 26,

17                      2007, which is (19) years and (9) nine months

18                      from the date of marriage.               They have not resumed

19                      their marital relationship since the date of

20                      separation.

21               6.     The parties have filed for dissolution of their

22                      marriage.      This proceeding is pending in the

23                      Superior Court of the State of California, County

24                      of San Diego, East County Division, Family Court,

25                      Case Number 1234000, with Wife as the Petitioner,

26                      and Husband as the Respondent.               The Summons and

27                      Petition for Dissolution of Marriage was filed by



                                  MARITAL SETTLEMENT AGREEMENT
 1                      Wife on July 26, 2007.          Husband filed a Response
 2                      with the Court on August 16, 2007.
 3               7.     The parties are both presently in good health,
 4                      and neither has any known illness, disability or
 5                      physical condition which would render either of
 6                      them incapable of gainful employment, or makes
 7                      either subject to extraordinary medical or dental
 8                      expenditures in the near future.

 9               8.     Husband is currently employed by the City of San

10                      Diego as a painter, and has an approximate gross

11                      monthly income of $3,700.

12               9.     Wife is currently employed by Miramar College as

13                      a maintenance aide, and has an approximate gross

14                      monthly income of $1,326.


16               The parties intend this Marital Settlement Agreement
17   (hereinafter “Agreement”) to be a final and complete settlement
18   of all of their rights and obligations as between them, as
19   pertaining to:
20               1.     Identification and designation of their
21                      respective separate properties and separate
22                      obligations;

23               2.     Identification and division of their community or

24                      co-owned property and community or joint

25                      obligations;

26               3.     Custody and visitation of the minor children;

27               4.     Child support;

28               5.     Attorney’s fees; and


                                  MARITAL SETTLEMENT AGREEMENT
 1               6.     Spousal support.
 4         The parties hereto shall live separate and apart, and
 5   except for the duties and obligations imposed and assumed under
 6   this Agreement, each shall be free from interference, authority,
 7   and control of the other as fully as though he or she were
 8   single and unmarried, and each may conduct, carry on, and engage

 9   in any employment, profession, business, or trade, which to him

10   or her may seem advisable for his or her own use or benefit

11   without restraint or interference, direct or indirect, by the

12   other party, and in all respects, as if each were unmarried.

13         1. Wife’s legal name shall hereafter be restored to

14   “Guadalupe Parra”.

15         2. The parties waive their rights to notice of trial,

16   findings of fact and conclusions of law, any motions for new

17   trial, and the right to appeal.

18         3. The parties stipulate that this matter may be tried by a

19   commissioner sitting as a temporary judge.

20         4. None of these stipulations, waivers, or terms and

21   conditions shall apply, unless this Court approves this

22   Agreement.

23         This Agreement has been prepared jointly by William A.

24   Hannosh, attorney for Petitioner-Wife and Respondent-Husband’s

25   attorney, Sara E. DEBRA.          Both parties acknowledge that they

26   have had the opportunity to consult with his attorney of choice

27   concerning his rights, duties, and obligations, and, the legal

28   effects and consequences of this Agreement.                 Both parties have


                                  MARITAL SETTLEMENT AGREEMENT
 1   carefully read this Agreement, and fully understand its terms
 2   and conditions, and agree to be bound thereby.
 4         The parties acknowledge that: (i) they are fully informed
 5   of their rights concerning spousal support; (ii) they have
 6   agreed to the spousal support provisions of this Agreement
 7   without coercion or duress; and (iii) that said spousal support
 8   liability is final and cannot be modified by court order in any

 9   amount or duration at any time after execution of this

10   Agreement, for any reason whatsoever.              The Court’s jurisdiction
11   to award spousal support to Husband is hereby terminated.

12         The parties agree to the following spousal support

13   provisions:

14               1.     Husband shall pay monthly spousal support to Wife

15                      in the amount of $300.00, payable in advance, on

16                      or before the third day of each month, commencing

17                      on May 1, 2008 and continuing:

18               2.     Spousal support shall continue for a maximum of

19                      10 years with termination of spousal support to

20                      take place upon one of the following events,

21                      whichever shall occur first:

22                      a. The death of either party;

23                      b. Wife’s remarriage;

24                      c. Wife’s cohabitation with any unrelated adult of

25                          either sex; or,

26                      d. May 1, 2018.

27               3.     Family Code §4330(b) Admonition:



                                  MARITAL SETTLEMENT AGREEMENT
 1                      Husband and Wife acknowledge their respective
 2                      awareness that it is the goal of this State that
 3                      each party shall make reasonable good faith
 4                      efforts to become self-supporting as provided for
 5                      in California Family Code §4320.              The failure to
 6                      make reasonable good faith efforts may be one of
 7                      the factors considered by the Court as a basis
 8                      for modifying or terminating support.

 9               3.     Pendente Lite Orders:
10                      The parties agree that Husband is now, and at all

11                      times has been, current on all payments of

12                      support and other obligations which have been

13                      awarded by pendente lite order of Court.                As of

14                      the effective date of this Agreement, the terms

15                      and conditions of this Agreement shall replace

16                      and supersede any pendente lite orders made in

17                      the parties’ pending dissolution proceeding.

18         E. CHILD CUSTODY

19         Both parties shall have joint legal custody of the

20   children, which means that each party shall have the right and

21   responsibility to make decisions relating to the health,

22   education, and welfare of both children, Genevieve C. Sampleee,

23   and Hector A. Sampleee:

24         Each parent shall have access to medical and school records

25   pertaining to the children, and be permitted to independently

26   consult with any and all professionals involved with the

27   children.     It is each parent’s responsibility to request school



                                  MARITAL SETTLEMENT AGREEMENT
 1   calendars, progress reports, report cards and parent-teacher
 2   conferences, directly from the children’s school(s).
 3          Each parent shall be empowered to obtain emergency health
 4   care for the children without the consent of the other parent.
 5          Each parent is to notify the other parent as soon as
 6   reasonably possible of any illness(es) requiring medical
 7   attention, or any emergency involving the children.
 8          The primary residence of the children shall be with Wife.

 9          The parenting of the children shall be shared in accordance

10   with the following schedule:

11     1.     The children shall be with Husband on alternate weekends,

12            Friday, 7:00 a.m. (when Father shall take children to

13            school or daycare at 7:45 a.m.) until Sunday, 7:00 p.m.

14            when he shall return the children to Wife.

15     2.     On the week where Husband does not have the children, he

16            can take them out after school but return them by 8:00

17            p.m. provided they have time to do their homework.

18     3.     Holiday schedules shall take precedence over the regular

19            parenting schedule, which shall resume after the holiday

20            is over.     In absence of other agreement by the parents,

21            specific holiday schedules shall be as follows:

22            a. Christmas: The children shall be with the mother in

23               odd-numbered years and with the father in even-

24               numbered years.

25            b. Mother’s Day and Father’s Day: The children shall be

26               in the care of the parent being honored by the

27               holiday.



                                  MARITAL SETTLEMENT AGREEMENT
 1            c. Thanksgiving: The children shall be with the father in
 2               odd-numbered years and with the mother in even-
 3               numbered years.
 4            d. Three-day holidays not already addressed shall be
 5               spent with the parent who would normally have that
 6               weekend and the weekend shall be extended by 24 hours.
 7            e. Either parent may vacation with the children each year
 8               for up to two weeks.          They shall notify the other

 9               parent in writing of their vacation plans at least 30
10               days before departure, and provide the other parent

11               with a basic itinerary to include dates of departure

12               and return, destinations, flight information and

13               telephone numbers for emergency purposes.                 The

14               vacationing parent shall not schedule the vacation

15               during the other parent’s scheduled holiday time with

16               the children, unless agreed upon in advance by both

17               parents.      The vacation shall not interrupt school

18               attendance unless mutually agreed upon by the parents

19               and school personnel.

20            f. This Agreement shall not bar or prohibit the parties

21               from making further informal agreement(s) for

22               increased visitation, as and between themselves.

23            g. Wife shall parent the children at all other times,

24               except as specified herein.

25         There shall be reasonable phone contact between the

26   children and parents, without interference or distraction by

27   either parent during said phone contact.               The parents shall not

28   take this opportunity for adult conversation.                 Neither parent


                                  MARITAL SETTLEMENT AGREEMENT
 1   shall make negative statements about the other parent in the
 2   presence or hearing of the children, question the children about
 3   the other parent, or use the children as a communication medium
 4   for adult matters.        The children shall not be exposed to court
 5   papers or disputes (legal or non-legal) between the parents, and
 6   each parent shall make every possible effort to ensure that
 7   other people also comply with this Order.
 8         Each parent shall always keep the other parent informed of

 9   his/her address and telephone numbers, and shall notify the

10   other parent within twenty-four (24) hours of any changes to

11   said address or telephone numbers.

12         The children’s habitual place of residence shall be the

13   County of San Diego, State of California, in the United States.

14   Neither parent shall move the residence of the children outside

15   of the County of San Diego, State of California, United States,

16   without giving the other parent a sixty (60) day advance written

17   notice and obtaining the other parent’s written permission prior

18   to the move, or an order of this Court granting such move.

19         The custody and visitation rights are as set forth in this

20   Agreement.     Violation of this order may subject the party in

21   violation to civil or criminal penalties, or both.

22         K. VISITATION

23         Visitation rights shall be as set forth in Section J of

24   this Agreement.

25         L. CHILD SUPPORT

26         Husband shall be obligated to pay for the support of the

27   parties’ minor children.          The parties reserve the right, in the

28   future, to petition this Court to modify child support.                    Husband


                                  MARITAL SETTLEMENT AGREEMENT
 1   shall continue to pay monthly child support to Wife in the
 2   amount of $695.00 for both minor children.
 3         This award is based on a child-sharing percentage of 72% to
 4   Wife, and 28% to Husband, and the income of the parties:
 5               1. Husband is employed as a painter, whose annual gross
 6                   income is $44,400.
 7               2. Wife is employed as a maintenance aide, whose annual
 8                   gross income is $15,912.

 9           The parties are fully informed of their rights concerning

10   child support; the Order is being agreed to without coercion or

11   duress; the Agreement is in the best interests of the children

12   involved; the needs of the children will be adequately met by

13   the stipulated amount, if any.

14         The right to support has not been assigned to the County

15   pursuant to Welfare and Institutions Code §11477 and no public

16   assistance application is presently pending.

17         The parties also acknowledge that support of the minor

18   children is subject to an order of a court of competent

19   jurisdiction at any time during the children’s minority, and

20   that this section, or any subsequent child support order, is

21   subject to modification by the Court.

22         The parties agree that Husband will reimburse Wife for

23   one-half of the daycare expenses but that the maximum amount

24   Husband will reimburse Wife $120.00 a month barring any

25   unforeseen circumstances that will necessitate increased fees.

26   The parties agree that Wife’s sister may be the daycare

27   provider.



                                  MARITAL SETTLEMENT AGREEMENT
 1         The parties agree that from time to time the children may
 2   engage in extracurricular school and social activities such as
 3   after-school sports, driving lessons, school dances, etc..                     The
 4   parties agree to split the fees of those activities, and that
 5   the fees would be in addition to the child support fees.
 6         The parties also agree that both parties will split their
 7   children’s college tuition, room and board, books, and other
 8   college expenses.        The parties agree to pay these expenses until

 9   the children reach 22 years of age.

11         Husband shall maintain health insurance coverage for the

12   minor children under the medical insurance currently provided

13   through his employment until they reach the age of 18, or become

14   emancipated minors.        To facilitate continued coverage for the

15   minor children, both parties shall cooperate fully and in a

16   timely manner, including, but not limited to, obtaining and

17   providing all necessary insurance cards and claim forms,

18   completing and submitting all necessary documents, and

19   delivering all insurance payments.              If such insurance becomes

20   unavailable to Husband before his obligation to provide such

21   coverage terminates, Husband shall provide similar coverage, if

22   any, available to him at no cost or reasonable cost.


24         Each party may become the owner of any policy of life

25   insurance, if any, insuring his or her respective life, and

26   shall be entitled to any benefits accruing or payable from that

27   ownership, including the right to name the beneficiary of his or

28   her own choice, except as provided to the contrary in this


                                  MARITAL SETTLEMENT AGREEMENT
 1   Agreement.     Each party shall be responsible for any premium
 2   payments due or loans to be repaid on the policies insuring his
 3   or her life.
 5         The property itemized in Attachment “A” and Attachment “B”
 6   attached to this Agreement, and incorporated herein by
 7   reference, is a complete list of all of the community property
 8   of the parties.       The status of some items was disputed, but has

 9   now been agreed upon between the parties as set forth herein.

10   Husband hereby transfers to Wife as her sole and separate

11   property all of the property set forth in Attachment A.                    Wife

12   hereby transfers to Husband as his sole and separate property

13   all of the property set forth in Attachment B.                 The parties have

14   made the transfers set forth in this paragraph with the intent

15   that such transfers constitute an equal division of their

16   community property.


18         Wife makes no claim, written or otherwise, and hereby

19   waives the right to assert, any claim to any separate property.

20         The parties hereby acknowledge that there is no property to

21   confirm as the sole and separate property of Wife.


23         Husband makes no claim, written or otherwise, and hereby

24   waives the right to assert, any claim to any separate property.

25         The parties hereby acknowledge that there is no property to

26   confirm as the sole and separate property of Husband.




                                  MARITAL SETTLEMENT AGREEMENT
 1         Each party recognizes there is a scheme of Social Security
 2   retirement, which may have been contributed to by a party from
 3   their community property earnings during the marriage.                    Each
 4   party further acknowledges a spouse married for ten or more
 5   years to a party who has contributed to Social Security has
 6   independent Social Security rights under the Social Security Act
 7   (derivative benefits), but no community property rights under
 8   the present California law in the other party's Social Security.

 9   With this current state of law, and knowing the law is subject

10   to change, each party waives and quitclaims any right to claim

11   an interest in the Social Security benefits received by the

12   other.


14         As part of the division of the community property, except

15   as may be specifically provided to the contrary in this

16   Agreement, each party waives all rights to reimbursement for the

17   following:

18               1.     Epstein credits (In Re Marriage of Epstein (1979)

19                      24 Cal. 3d 76) and all rights to reimbursement to

20                      which a party may be entitled as a result of the

21                      payment of community obligations since the date

22                      of separation;

23               2.     Watts credits (In Re Marriage of Watts (1985) 171

24                      Cal. App. 3d 366) and all rights to reimbursement

25                      to which a party or the community may be entitled

26                      as result of one party's use of community assets

27                      since separation;



                                  MARITAL SETTLEMENT AGREEMENT
 1               3.     All rights to reimbursement under Family Code
 2                      §2640, or otherwise, for separate property
 3                      contributed to the acquisition or maintenance of
 4                      community property; and,
 5               4.     All rights to reimbursement under Family Code
 6                      §2641 or otherwise, due the community, or a
 7                      party, for contributions made by the community or
 8                      either of the parties, to the education or

 9                      training of the other party.

10         S. OBLIGATIONS
11               1.     Any liability or obligation, including but not

12                      limited to, tax obligations incurred at any time

13                      by either party and not expressly identified in

14                      this Agreement (or any attachments or exhibits),

15                      as payable in whole, or in part, by the other

16                      party, shall be paid solely by the one incurring

17                      it.    Wife shall be entitled to claim both

18                      children as her dependants.

19               2.     Except as may be expressly provided to the

20                      contrary in this Agreement, the party to whom an

21                      item of property is entirely allocated under this

22                      Agreement shall be solely responsible for all

23                      obligations, including but not limited to, tax

24                      obligations, incurred at any time relative to

25                      such item, and the parties shall be responsible

26                      for payment of their individual proportionate

27                      shares of all obligations, including but not

28                      limited to, tax obligations, incurred any time


                                  MARITAL SETTLEMENT AGREEMENT
 1                      relative to any asset(s) in which the parties
 2                      both retain interests.
 3               3.     The party responsible for payment of obligations
 4                      pursuant to this section shall defend, indemnify
 5                      and hold the other harmless, from all
 6                      liabilities, costs, and expenses relative
 7                      thereto, including attorney fees and costs,
 8                      incurred by the other party in defending or

 9                      responding to any collection action.

10               4.     The parties acknowledge that even though a debt

11                      or obligation is assigned to one party hereby, if

12                      that party does not pay the debt or obligation,

13                      the creditor may be able to collect the debt or

14                      obligation from the other party.


16         Each party warrants to the other that the warrantor does

17   not own any property of any kind, other than the property set

18   forth in this Agreement and any attached Exhibits.                   If it later

19   appears that either warrantor now owns any other property and

20   that the warrantee has an interest in said property, the

21   warrantor shall transfer or pay to the warrantee, at the

22   warrantee's election, either:

23               1.     An amount of the other property equal to the

24                      warrantee's interest in it, if it is reasonably

25                      susceptible to division; or

26               2.     The full market value of the warrantee's interest

27                      on the effective date of this Agreement; or,



                                  MARITAL SETTLEMENT AGREEMENT
 1               3.     The full market value of the warrantee's interest
 2                      at the time the warrantee discovers the
 3                      warrantor's ownership in the property.
 4         This Agreement is not intended to impair the availability,
 5   in a court of competent jurisdiction, of any other legal or
 6   equitable remedy arising from the undisclosed ownership of any
 7   property.
 9         Each party warrants to the other that the warrantor has

10   disclosed the fair market value of the separate, community or

11   quasi-community assets described in this Agreement.                   If either

12   warrantor has willfully and deliberately understated the fair

13   market value of any assets, or has willfully and deliberately

14   overstated the fair market value of any asset which is to be

15   awarded to the other party, and the warrantee, prior to the

16   execution of this Agreement, has a community or quasi-community

17   interest in such asset, the warrantor shall pay to the warrantee

18   a sum of money equal to one-half (1/2) of the adjusted fair

19   market value of such undervalued or overvalued asset.                    For the

20   purposes of this warranty, the fair market value of any such

21   undervalued or overvalued asset shall be determined as of the

22   effective date of this Agreement.               The remedy set forth herein

23   applies only to those assets which, on the effective date of

24   this Agreement, are considered community or quasi-community

25   property, and neither warrantee shall have a right to the remedy

26   set forth herein based on any undervalued or overvalued asset

27   which is presently considered separate property, but which is

28   subsequently declared to be community or quasi-community by any


                                  MARITAL SETTLEMENT AGREEMENT
 1   Court of this state or by the legislature of this state.                     The
 2   Court shall reserve jurisdiction to adjudicate and/or enforce
 3   the provisions of this Paragraph.
 5         Each party warrants to the other that the warrantor has not
 6   made, without the warrantee's knowledge and consent, any gift or
 7   disposition of community property in excess of $500, other than
 8   a disposition in exchange for valuable consideration to the

 9   community.     If it later appears that the warrantor made a

10   disposition of community property contrary to this warranty, the

11   warrantor shall pay the warrantee one-half (1/2) of the fair

12   market value of the community property measured, at the

13   warrantee's election, either: (a) on the effective date of this

14   Agreement; or, (b) at the time the warrantee discovers the

15   disposition, less any appreciation in value attributable solely

16   to the act of the donee(s) and his or her successor(s).                    This

17   Agreement shall not impair the availability, in a court of

18   competent jurisdiction, of any other legal or equitable remedy

19   arising from the undisclosed disposition of any property.

20         W. ADVISEMENT

21         Each party acknowledges hereby being (1) advised to

22   consider the immediate drafting and execution of a new Will, and

23   (2) to review all property rights and employment benefits which

24   have survivorship or inheritance factor (such as life insurance,

25   pensions, inter vivos trusts, joint tenancy real and personal

26   property, and bank accounts), all to ensure that said Will and

27   said rights and benefits accurately reflect the current desires

28   of such party to this Agreement.


                                  MARITAL SETTLEMENT AGREEMENT
 2         Each party shall pay his or her own attorney fees and costs
 3   incurred in this action.
 5         Except as specifically provided to the contrary in this
 6   Agreement, each party waives any and all right to inherit any
 7   portion of the estate of the other, either by Will or by
 8   intestate succession.         Further, each party waives the right to

 9   claim any family allowance or probate homestead.                  The parties

10   further agree that in the event either party should receive or

11   be entitled to receive any personal or real property, of any

12   nature, under the last will and testament of the other party

13   hereto, that all such real and personal property shall then be

14   received by the contracting party herein as trustee for the

15   immediate heirs at law of the deceased party, and that he or she

16   will immediately distribute the same to said heirs at law upon

17   receipt thereof.       This provision shall not prevent testamentary

18   inheritance if the surviving divorced spouse is specifically

19   named in a Will or Trust Agreement providing for the surviving

20   ex-spouse and said testamentary document was created, signed or

21   otherwise reaffirmed in writing, after the execution of this

22   Agreement.       Furthermore, in accordance with Probate Code §§6122

23   and 6266, Husband and Wife hereby each revoke any presently

24   existing Will or Trust Agreement which provided for a

25   testamentary disposition to the other.


27               1.      Except as otherwise expressly provided in this

28                       Agreement or in any written agreement entered


                                  MARITAL SETTLEMENT AGREEMENT
 1                      into contemporaneously herewith, each party
 2                      releases the other and the other's successors,
 3                      from any and all liabilities, debts, or
 4                      obligations, and from any and all claims and
 5                      demands, it being understood that by this
 6                      Agreement, Husband and Wife intend to settle all
 7                      aspects of their respective property rights.
 8               2.     Husband warrants to Wife that he has not

 9                      incurred, and he covenants that he shall not

10                      incur, any liability or obligation for which Wife

11                      is or may be liable, with the exception of the

12                      obligations identified in this Agreement.

13                      Husband covenants, except as may be expressly

14                      provided otherwise in this Agreement, that if any

15                      claim, action, or proceeding shall hereafter be

16                      brought seeking to hold Wife liable on account of

17                      any of Husband's debts, liabilities, acts or

18                      omissions, Husband shall, at his sole expense,

19                      defend Wife against any such claims or demand

20                      (whether or not well-founded and whether or not

21                      brought in good faith) and that Husband shall

22                      indemnify and hold Wife free and harmless from

23                      all costs, expenses and liabilities in connection

24                      therewith, including attorneys fees and costs

25                      incurred by Wife in defending or responding to

26                      any collection action.

27               3.     Wife warrants to Husband that she has not

28                      incurred, and she covenants that she shall not


                                  MARITAL SETTLEMENT AGREEMENT
 1                      incur, any liability or obligation for which
 2                      Husband is or may be liable with the exception of
 3                      the obligations identified in this agreement.
 4                      Wife covenants, except as may be expressly
 5                      provided otherwise in this Agreement, that if any
 6                      claim, action or proceeding shall hereafter be
 7                      brought seeking to hold Husband liable on account
 8                      of any of Wife's debts, liabilities, acts or

 9                      omissions, Wife shall, at her sole expense,

10                      defend Husband against any such claims or demand

11                      (whether or not well-founded) and that Wife shall

12                      indemnify and hold Husband free and harmless from

13                      all costs, expenses and liabilities in connection

14                      therewith, including attorneys fees and costs

15                      incurred by Husband in defending or responding to

16                      any collection action.

17               4.     Nothing contained in this Paragraph shall be

18                      deemed to deprive the court of the jurisdiction

19                      vested in it pursuant to Family Code §2556.

20         AA.   GENERAL RELEASE

21               1.     Except as otherwise provided in this Agreement,

22                      the parties mutually remise, release and forever

23                      discharge, each other from any and all actions,

24                      suits, debts, claims, demands and obligations of

25                      any kind or nature, whether known or unknown,

26                      both in law and in equity, either of them ever

27                      had, now has, or may have, against the other upon

28                      or by reason of any matter, cause or thing up to


                                  MARITAL SETTLEMENT AGREEMENT
 1                      the date of the execution of this Agreement.                  It
 2                      is the intention of the parties after the
 3                      effective date of this Agreement, there shall be,
 4                      as between them, only such rights and obligations
 5                      as are specifically provided in this Agreement.
 6               2.     The parties acknowledge and agree this release
 7                      applies to any and all actions, suits, debts,
 8                      claims, demands and obligations, whether known or

 9                      unknown, foreseen or unforeseen, or patent or

10                      latent, that the parties may have against the

11                      other, and the parties hereby waive application

12                      of California Civil Code §1542.

13               3.     The parties certify they have read the following

14                      provision of California Civil Code Section 1542:

15                            “A general release does not extend to
                             claims, which the creditor does not know
16                           or suspect to exist in his favor at the
                             time of executing the release, which if
17                           known by him must have materially
                             affected his settlement with the
18                           debtor.”

19               4.     The parties understand and acknowledge the

20                      significance and consequence of this waiver of

21                      California Civil Code §1542, in that even if they

22                      should eventually suffer additional damages, they

23                      will not be able to make any claim, or assert a

24                      cause of action for those damages.              Furthermore,

25                      the parties acknowledge that they intend this

26                      legal effect even as to claims for damages that

27                      may exist as of the date of this release, but

28                      which the parties do not know exist, and which,


                                  MARITAL SETTLEMENT AGREEMENT
 1                      if known, would materially affect the parties’
 2                      decision to agree to this release, regardless of
 3                      whether the parties' lack of knowledge is the
 4                      result of ignorance, oversight, error, negligence
 5                      or any other cause.
 6               5.     The parties warrant and represent in agreeing to
 7                      this release that they have relied on the legal
 8                      advice of their attorney, the terms of this

 9                      release and its consequences have been completely

10                      read and explained to the parties by their

11                      attorney, if any, and that the parties fully

12                      understand the terms of this release.

13               6.     The parties acknowledge and represent that, in

14                      agreeing to this release, they have not relied on

15                      any inducements, promises, or representations

16                      made by the other party.

17               7.     The parties further acknowledge and warrant that

18                      their agreement to this release is free and

19                      voluntary.

20               8.     Nothing contained in this Paragraph shall be

21                      deemed to deprive the court of the jurisdiction

22                      vested in it pursuant to Family Code §2556.

23               9.     This section shall not apply to the parties'

24                      rights to post-judgment attorney’s fees as

25                      provided for in the Family Code.


27         In the Judgment of Dissolution of Marriage anticipated by

28   this Agreement, there shall be reserved to the San Diego County


                                  MARITAL SETTLEMENT AGREEMENT
 1   Superior Court, in addition to the jurisdiction specifically
 2   mentioned elsewhere in this Agreement, the jurisdiction to:
 3               1.     Supervise the payment of any obligation ordered
 4                      paid or allocated in this Agreement.
 5               2.     Supervise the division of assets as agreed in
 6                      this Agreement.
 7               3.     Supervise the execution of any documents or
 8                      instruments required or reasonably necessary to

 9                      carry out or effectuate the terms of this

10                      Agreement.

11               4.     Supervise the overall enforcement of this

12                      Agreement.


14         Either party, without further notice to the other, may

15   hereafter obtain a Judgment of Dissolution of Marriage by

16   declaration pursuant to Family Code §2336, or by personal

17   appearance on the uncontested default calendar.


19         This Agreement, in its entirety, shall be incorporated

20   into, made a part of, and merged into, any Judgment of

21   Dissolution of Marriage entered in any dissolution of marriage

22   proceeding now pending or hereafter commenced between parties

23   hereto.    This Agreement is not conditional upon any such

24   incorporation, merger or filing.             Husband and Wife shall submit

25   to an order requiring that they carry out and perform each and

26   every provision of this Agreement on their part to be observed

27   or performed.

28         EE. WAIVERS


                                  MARITAL SETTLEMENT AGREEMENT
 1         With regard to any such Judgment that incorporates this
 2   Agreement, the parties waive a statement of decision, the right
 3   to a new trial, the right to petition for a rehearing, the right
 4   to appeal, and any rights under the Soldiers and Sailors Civil
 5   Relief Act of 1940, as amended.
 7               1.     Successors.
 8                      This Agreement shall inure to the benefit of and

 9                      be binding on each party and the heirs, personal

10                      representatives, assigns, and other

11                      successors-in-interest of each party.

12               2.     Entire Agreement.
13                      This Agreement and any other instrument(s)

14                      executed contemporaneously herewith contain the

15                      final, complete and exclusive agreement of the

16                      parties concerning the subject matters covered,

17                      and may not be altered, amended or modified,

18                      except by an instrument in writing executed by

19                      both parties.       Any previous oral or written

20                      agreements between the parties are entirely

21                      superseded and preempted by this Agreement.

22               3.     Effect of Waiver.

23                      No waiver of the breach of any of the terms or

24                      provisions of this Agreement shall be construed

25                      to be a waiver of any preceding or succeeding

26                      breach of the same or any other term or provision

27                      hereof.

28               4.     No Third Party Beneficiaries.


                                  MARITAL SETTLEMENT AGREEMENT
 1                      This Agreement is solely for the respective
 2                      benefit of Husband and Wife.             No third party
 3                      shall be benefited by this Agreement except as
 4                      stated in section FF, sub-section 1, above.
 5               5.     Unenforceability of Part of the Agreement.
 6                      Should any Paragraph, provision or portion of
 7                      this Agreement be held to be invalid, illegal,
 8                      void, or unenforceable by a court of competent

 9                      jurisdiction, then such section, provision or

10                      portion shall be deleted from this Agreement and

11                      it shall be read as though such invalid, illegal,

12                      void or unenforceable Paragraph, provision or

13                      portion was never included, and the remainder of

14                      this Agreement, excluding such invalid, illegal,

15                      void or unenforceable section, provision or

16                      portion, shall nevertheless subsist and continue

17                      in full force and effect.

18               6.     Applicable Law.

19                      This Agreement is entered into in the State of

20                      California and shall be construed and interpreted

21                      under and in accordance with the Laws of the

22                      State of California applicable to agreements made

23                      and to be wholly performed in the State of

24                      California.       California law shall also govern the

25                      relationship between the parties in connection

26                      with any assets retained by them as

27                      tenants-in-common with one another.

28               7.     Counterparts.


                                  MARITAL SETTLEMENT AGREEMENT
 1                      This Agreement may be executed in any number of
 2                      counterparts, any one of which shall be deemed to
 3                      be the original, although others are not
 4                      produced.
 5               8.     Representation.
 6                      Neither of the parties hereto, nor any of his or
 7                      her representatives, has made any representation
 8                      or warranty to the other party upon which the

 9                      other party is relying in entering into this

10                      Agreement, except as herein expressly provided.

11               9.     Consideration.
12                      Each provision of this Agreement is consideration

13                      for each other provision.

14               10.    Documents and Cooperation.

15                      a.     Each of the parties hereby agrees on the

16                             request of the other, to execute and deliver

17                             any instrument, furnish any information, and

18                             perform any other acts reasonably necessary

19                             to carry out the provisions of this

20                             Agreement without undue delay or expense.                A

21                             party who fails to comply with this

22                             sub-section shall reimburse the other party

23                             for all costs and expenses, including

24                             attorney fees and court costs that, as a

25                             result of such failure, become reasonably

26                             necessary to carry out this Agreement.               Upon

27                             a party's failure to execute a document

28                             reasonably required to carry out the


                                  MARITAL SETTLEMENT AGREEMENT
 1                             provisions of this Agreement, the parties
 2                             agree that the Court may appoint the County
 3                             Clerk or the County Clerk's appointed
 4                             deputy, upon ex parte application with
 5                             appropriate notice, as an elisor to sign
 6                             such documents on behalf, and in place of,
 7                             the party who failed to do so voluntarily.
 8                             This section shall not constitute a waiver

 9                             of any privilege afforded by law.

10                      b.     The party to whom a particular asset is

11                             allocated shall pay any recording fee or

12                             transfer cost required to evidence the

13                             division of property set forth herein.

14                      c.     For any assets divided in kind, the parties

15                             shall share any such fees and costs in the

16                             same proportion as the parties hold their

17                             interests in such assets under this

18                             agreement.

19               11.    Present Tense.

20                      The present tense as used in this Agreement

21                      refers to matters as of its effective date.

22               12.    Captions and Interpretations.

23                      The captions of this Agreement are employed

24                      solely for convenience and are not to be used as

25                      an aid in interpretation.           No provision in this

26                      Agreement is to be interpreted for or against

27                      either party because that party or his or her

28                      legal representative drafted the provision.


                                  MARITAL SETTLEMENT AGREEMENT
 1               13.    Number and Gender.
 2                      Whenever the singular number is used in this
 3                      Agreement, when required by the context, the same
 4                      shall include the plural; and the masculine,
 5                      feminine and neuter genders shall each include
 6                      the other; and, the word, "person" shall include
 7                      corporation, firm, partnership, joint venture,
 8                      trust or estate.

 9         GG. WAIVER OF FAMILY CODE §2105 (C)
10               1.     Pursuant to Family Code §2105(c), the parties

11                      each waive the provisions of Family Code

12                      §2105(a), requiring the preparation and service

13                      by each of a Final Declaration of Disclosure.

14                      Each party has complied with Family Code §2104,

15                      made a Preliminary Declaration of Disclosure, and

16                      is making this waiver knowingly, voluntarily,

17                      intelligently, and with advise of counsel.                 Both

18                      parties have completed and exchanged current

19                      income and expense declarations that include all

20                      material facts and information about that party’s

21                      earnings, accumulations, and expenses.

22                             Both parties have fully complied with Family

23                      Code §2102 and have fully augmented the

24                      preliminary declarations of disclosure, including

25                      disclosure of all material facts and information

26                      about the characterization of all assets and

27                      liabilities, the valuation of all assets that are

28                      contended to be community or in which it is


                                  MARITAL SETTLEMENT AGREEMENT
 1                      contended the community has an interest, and the
 2                      amounts of all obligations that are contended to
 3                      be community obligations or for which it is
 4                      contended the community has liability.
 5         Each party understands that this waiver does not limit the
 6   legal disclosure of obligations of the parties, but rather is a
 7   statement under penalty of perjury that those obligations have
 8   been fulfilled.       Each party also understands that noncompliance

 9   with those obligations will result in the court setting aside

10   the Judgment.

12               1.     Each party to this Agreement acknowledges and

13                      declares that he or she respectively:

14                      a.     Is fully and completely informed as to the

15                             facts relating to the subject matter of this

16                             Agreement, and as to the rights and

17                             liabilities of both parties;

18                      b.     Enters into this Agreement voluntarily, free

19                             from fraud, undue influence, coercion or

20                             duress of any kind;

21                      c.     Has given careful and mature thought to the

22                             making of this Agreement; and,

23                      d.     Fully and completely understands the legal

24                             effects of each provision of this Agreement.

25               2.     There have been no promises, agreements, or

26                      undertakings of either of the parties to the

27                      other, except as above set forth, relied upon by



                                  MARITAL SETTLEMENT AGREEMENT
 1                      either as a matter of inducement to enter into
 2                      this Agreement.        Each party has read this
 3                      Agreement and is fully aware of its contents and
 4                      its legal effect.
 8                                          GUADALUPE P. SAMPLEEE
10   DATED:
11                                          HECTOR M. SAMPLEEE
     Date:    _______________, 2008                  _____________________________
15                                                   WILLIAM A. HANNOSH
                                                     Attorney for Petitioner
18   Dated:                       _, 2008                       ______
                                                     SARA DEBRA
19                                                   Attorney for Respondent

23                                          JUDGE OF THE SUPERIOR COURT


                                  MARITAL SETTLEMENT AGREEMENT
 1                                          ATTACHMENT A
           Three Parcels of Unimproved Lots in Puerto Nuevo, Baja California, Mexico
 4         The parties own three separate parcels of land located in Puerto Nuevo, Baja California,
     Mexico, which represent community property assets.
 6          The parties agree that Husband shall take possession and title of one lot as his separate
            property, more specifically described herein as:
 9          The parties agree that Wife shall take possession and title of the second lot as her separate
     property, more specifically described herein as:
            The parties agree that they shall allocate the third lot, more specifically described herein
12   as:
            XXXXXXXXXXXXXXXXXXXXXXXXXX, to the parties’ minor children. Upon the
13   date when the parties’ daughter, Genevieve C. Sampleee, reaches age 21, said lot shall be sold
14   and the proceeds to be held in trust for both children.

15           Pension and Retirement Plans through City of San Diego
             The parties understand that there are currently pension/retirement benefit plans
16   representing community assets being administered by the City of San Diego, and that each party
17   has his/her respective community share in said benefits.

18          Said retirement/pension assets are contained in the CITY OF SAN DIEGO
19   RETIREMENT SYSTEM. The amount of the retirement plans shall be divided in accordance
20   with the Brown Formula.

21            The Parties acknowledge that a community loan of $7,310.34 was taken out of the
     pension during the marriage. The parties acknowledge that this loan is a community debt, with
22   each party bearing the responsibility to repay the loan. Wife shall pay $3,655.17 as soon as she
23   is able to obtain the pension benefits from Husband’s pension &retirement.
              If any tax refund for the tax year 2007 is applied toward the balance of the loan, both
24   parties shall be credited for their community share of the payment. The amount that is credited
     toward Wife’s share shall reduce the amount she needs to pay pursuant to the above paragraph.
26          The parties acknowledge that Wife will file a QDRO action that will cost her at least
     $800.00. Husband agrees to pay in advance $400.00 for Wife’s fees for filing the QDRO plus
27   one-half of any court or governmental fees.


                                      MARITAL SETTLEMENT AGREEMENT
 1           Bank accounts
             The parties agree they shall share 50/50 any monies in any bank account of the parties,
 2   whether held jointly or individually. These funds shall include any monies earned prior to the
 3   date of separation, but not cashed until after the dissolution was filed.
             Any remaining jointed accounts shall be closed and all open bank accounts shall be
 4   allocated to each respective party holding the account as their sole and separate account, and
     shall pay, defend, indemnify, and hold the other party harmless from all liabilities, costs, and
     expenses relating to those accounts assigned to them.
            Credit Card
 7          Each party shall bear all credit card debt in their respective names. The parties do not
     hold any credit card debt jointly. Each party shall defend, indemnify and hold the other party
     harmless from all liabilities, costs, and expenses assigned to them.
10           Each party shall bear all debt and have separate ownership relating to automobiles in their
     name. Each party shall defend, indemnify and hold the other party harmless from all liabilities,
     costs, and expenses assigned to them.
            Spray Rig
13          Husband shall have full separate ownership in the spray rig possessed by the parties.
14   Wife asserts no claim to the spray rig.

15           Furniture, furnishings, and appliances
             Each party shall bear all debt and have separate ownership relating to furniture,
16   furnishings, and appliances in their name or possession. Each party shall defend, indemnify and
17   hold the other party harmless from all liabilities, costs, and expenses assigned to them.



                                      MARITAL SETTLEMENT AGREEMENT

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