Preview
IONAMIN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Dec-12-2018 1:29 pm
Case Number: CUD-18-663284
Filing Date: Dec-12-2018 1:28
Filed by: CAROL BALISTRERI
Image: 06608135
STIPULATION FOR ENTRY OF JUDGMENT
CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL
001C06608135
Instructions:
Please place this sheet on top of the document to be scanned.Com IY DAW aw NW
10
u
12
13
14
16
17
18
20
21
22
23
24
25
26
27
28
Francisco G. Torres e ar No. 156169)
John P. Zan; gh (Bar No. 145845)
ZANGHI T ORRES ARSHAWSKY LLP
625 Market Street, Fourth Floor
San Francisco, CA 94105
(415) 977- 0444
Attomeys for Plaintiff
Caritas Management Corporation
SUPERIOR COURT OF CALIFORNIA
LIMITED JURISDICTION
COUNTY OF SAN FRANCISCO
Caritas Management Corporation, } CASE NO. CUD-18-663284
Plaintiff, )
) SETTLEMENT AGREEMENT AND
v. ) STIPULATION FOR ENTRY OF
} JUDGMENT OR DISMISSAL
Emanuel Loggins, et al., }
Defendants. )
)
ee
Plaintiff Caritas Management Corporation (‘Plaintiff’) and defendant Emanuel
Loggins ("Defendant") enter into this Settlement Agreement (“Settlement Agreement”) with
reference to the real property located at 516 O'Farrell Street, Unit #214, San Francisco,
California (the "Premises").
1. The term of this Settlement Agreement will be from its execution until
J ne S, 2020 or until the amount in Section 3a is paid in
full, whichever is later (the “Termination Date”).
2. Defendant shall retain possession of the Premises provided that Defendant
complies with all obligations of Defendant under this agreement.
3. a) Defendant shall pay to Plaintiff $. 2,012.00 _, which represents past due rent
and unlawful detainer damages for the period September 1, 2018 to December 31, 2018.
Defendant shall pay said amount to Plaintiff according to the following schedule:
~ Defendant has tendered $300.00, and that sum shall be deposited by Plaintiff;
Settlement Agreement And Stipulation for Entry of Judgment or Dismissal20 ee YD DA BF WHY
to N Se
BYRREBEBRRRSESERDAREEBEHRSTS
- Defendant, or an agency on his behalf, shal! pay $1,006.00 no later than 5 p.m.
on December 10, 2018; and
- Defendant, or an agency on his behalf, shall pay $203.00 no later than 5 p.m. on
December 10, 2018; and
- Defendant to pay $27.95 per month, no later than the Sth day of each month,
from January 5, 2019 to June 5, 2020.
Defendant may prepay any sum due under this subsection 3a. A prepayment of less
than the full amount will not alter the requirement of monthly payments but will only result in
the payments ending earlier than currently scheduled.
b) In addition to the payment set forth in Section 3a, Defendant will pay to
Plaintiff the amount of $503.00, no later than the Sth day of each month, beginning
January 5, 2019, and continuing through the Termination Date. This amount is equivalent to
Defendant’s portion of the current fair rental value of the Premises. Defendant understands
that this monthly amount may be adjusted pursuant to annual or interim recertification of
household income and program eligibility regulations.
A default in these payments will be a material default, and a valid basis for entry of
judgment against Defendant. Defendant knowingly and voluntarily waives any and all rights
based on the decision and rationale stated in Little v. Sanchez (1985) 166 Cal.App.3d 501 and
other similar cases, or laws, and specifically waives the right to object to entry of judgment
based on these cases, and laws.
¢) Each payment shall be made to the manager at the management office.
Cash, or payment from any other person, will NOT be accepted.
d) Any payment from Defendant, partial or otherwise, will first be applied to
payments due under Section 3b of this Settlement Agreement. If any portion of a payment
remains after such application, then that remaining portion of the payment shall be applied to
amounts due under section 3a.
e) The payments required by this Settlement Agreement do not act to create a
new tenancy, or reinstate Defendant’s tenancy, until and unless Defendant has completed all
| Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -2-0 em IY DAH RB WwW Dw
eae
A ae DN FS
obligations required by this Settlement Agreement.
4. No later than January 15, 2018, Defendant shall engage the services of a
third party payee, or money management service, to pay Defendant’s monthly damages
pursuant to Sections 3a and 3b of this Settlement Agreement.
5. Defendant represents and covenants that there are no other occupants at the
Premises. Defendant shall not sublet or assign any interest in the Premises, and shall not allow
any other person to reside in the Premises.
6. Defendant shall comply with all obligations of Defendant under the rental
agreement, and all addenda including but not limited to the visitor policy and the house tules,
as if the tenancy had not been terminated, except for those related to payment of rent, length of
term, extension of term, and grievance procedures and except as otherwise set forth herein.
Inclusion or reference to the rental agreement, or addenda shall not act to create or reinstate
Defendant’s tenancy at the Premises. If there is any conflict between the rental agreement and
this Agreement, the terms of this Agreement shall control in all respects. Defendant
additionally agrees as follows: ,
a) Defendant, and Defendant's visitors, guests, care givers, and invitees, shall
not engage in any nuisance in the Building;
b) Defendant, and Defendant’s visitors, guests, care givers, and invitees, shall
not verbally abuse or harass, any person in or around the Building, or any staff member, or
other resident of the building, anywhere. Defendant, and Defendant’s visitors, guests, care
givers, and invitees, shall not direct profanity, obscenities, epithets, or derogatory comments, at
any person in or around the Building, or at any staff member, or other resident of the building,
anywhere. These prohibitions include any communication, including but not limited to verbal
statement, note, letter, text message, e-mail, phone call, and social media posting;
c) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not
interfere with staff members in the performance of the staff member’s duties;
d) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not
threaten, or intimidate any person, and will not engage in any threatening, assaultive or
Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -3-Come ND A Pw NY we
Ss
IL
intimidating behavior directed at any person, in or around the Building, or at any staff member,
| or other resident of the building, anywhere. These prohibitions include any communication,
including but not limited to verbal statement, note, letter, text message, e-mail, phone call, and
social media posting;
e) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not
assault, batter, hit, kick or strike any person in or around the Building, or any staff member, or
other resident of the building, anywhere. Defendant, and Defendant’s visitors, guests, care
givers, and invitees, will not brandish, or use, any weapon against any person in or around the
Building, or against any staff member, or other resident of the building, anywhere. Defendant,
and Defendant's visitors, guests, care givers, and invitees, will not cause bodily injury to any
person, in or around the Building, or to any staff member, or other resident of the building,
anywhere;
f) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not
| engage in any criminal activity, or drug related criminal activity in the Building, and Defendant
shall also not engage in any criminal activity, or drug related criminal activity near the
Building;
g) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not
damage, destroy or deface any part or portion of the Premises or the Building;
h) Defendant will maintain the Premises in a clean, uncluttered, safe and
sanitary condition. Defendant shall strictly comply with Plaintiff's pest control programs, and
bed bug treatment programs, including providing access to the Premises upon proper notice,
and taking all actions reasonably requested and necessary for the treatment of pests and/or bed
bugs. Plaintiff may inspect the Premises to ensure compliance with this provision upon 24
hours written notice to Defendant and that Plaintiff may photograph or videotape the Premises
during these inspection.
7. Defendant will comply with all housing program rules and regulations
established by San Francisco for Defendant’s housing program.
8. If Defendant transfers to another rental unit owned or managed by Plaintiff, the
Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -4-eo em IN DAH PR wWwNY
Boe ee ee ee
BURR oONRN SSR DRA ESGHE OS
signing of a lease, and otherwise going through the transfer process, will not be deemed a
waiver, change or cancellation of this Settlement Agreement. The occupancy in such rental
unit will be governed by this Settlement Agreement through the Termination Date, and all
amounts to be paid under Section 3a of this Settlement Agreement will continue to be paid by
Defendant. The payment amount set forth in Section 3b will be adjusted according to the fair
market rental rate for the rental unit to which Defendant is being transferred into. The
“Premises” will include any unit that Defendant may transfer into, and the unlawful detainer
complaint can be amended to substitute that rental unit as the premises which is the subject of
this unlawful detainer, in place of 516 O’Farrell Street, Unit #214, San Francisco. Plaintiff
may seek an order to amend the complaint on an ex parte basis alone, or combined with an ex
parte application for judgment after a default by Defendant.
9 Defendant hereby releases Plaintiff, and Plaintiff's officers, directors, partners,
affiliated companies, employees, agents, principals, and attorneys, and the owners of the
building, from any and all claims, demands and causes of action, known or unknown, presently
existing and however arising out of Defendant’s tenancy at the Premises, the termination of
Defendant’s tenancy, and the instant action. California Civil Code Section 1542 provides: "A
general release does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with debtor." Defendant expressly waives the
provisions of Civil Code section 1542 and any right Defendant may have to invoke said
provision or any similar provision or rule of the common law, now or in the future.
10. At the termination of this Agreement, so long as Defendant is not in default with
respect to any provision of this Agreement, Plaintiff will file a Request for Entry of Dismissal
of this action, and will reinstate Defendant’s tenancy.
11. If Defendant is in default with respect to any provision of this Settlement
Agreement, Plaintiff is entitled to entry of judgment for possession of the Premises, for
forfeiture of the rental agreement, past due rent and unlawful detainer damages in the amount
of $2,012.00 through December 3 1, 2018; Daily damages of $16.76 for each day from January
Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -5-oO ND AH PRY DY He
ee
® SRkRROSNRSRERDREEGDH SS
1, 2019, to the date judgment is entered; However, Defendant shall receive credit for any
payments made to Plaintiff under the terms of this Settlement Agreement.
Plaintiff may move for entry of this stipulated judgment by declaration on an ex parte
basis upon 25 hour’s notice. Notice shall be given to Defendant’s attorney of record, if any, by
calling (HIS ) 6 OU-74U TZ, or emailing lf
Defendant does not have an attorney of record, Plaintiff may give notice of any such ex parte
application to Defendant by calling Defendant’s phone number: ( ) or
by sending an email to: . If Defendant has not
provided Plaintiff with a current phone number or email address, and does not have an attorney
of record, Plaintiff may give notice of any such ex parte application to Defendant by posting
written notice conspicuously at the Premises.
If Plaintiff obtains judgment against Defendant as described in this settlement
agreement, the restricted access to the court records for this unlawful detainer action shall be
lifted, and access to the court record shall no longer be restricted, and the public may have full
access to the court record. If the court does not lift restricted access on its own, Plaintiff may,
but is not required to, seek an order lifting the restricted access to the court records, and may
do so on an ex parte basis.
After Plaintiff recovers possession of the Premises, Defendant will not enter the
building, where the Premises is located, for any reason, and Plaintiff has the right to ban
Defendant from entering the building.
12. A. The parties each waive their right to a trial by jury.
B. Defendant waives the right to seek a stay of eviction, provided that Plaintiff
has followed the procedure to obtain judgment set forth in this Settlement.
C. Defendant waives all rights to relief from forfeiture. Defendant waives all
rights to set aside or vacate the judgment, and all other relief from judgment, provided
that Plaintiff has followed the procedure to obtain judgment set forth in this Settlement.
D. Defendant waives the right to appeal any judgment entered in this action, provided
that Plaintiff has followed the procedure to obtain judgment set forth in this Settlement.
Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -6-E. In the event of judgment entered after a default of this Settlement Agreement by
Defendant, any personal Property remaining at the Premises by Defendant may be immediately
disposed of. Defendant waives the right to a notice of abandoned property.
F. Defendant waives the right to recover any and all security deposits, and any interest
thereon, if any, held by Plaintiff, in the event of judgment entered upon a default by Defendant.
13. Except as otherwise provided for herein, Plaintiff and Defendant agree to bear
their own legal costs and attorneys’ fees.
14, The court shall retain jurisdiction over the parties to enforce the settlement until
CM I A HW Bw WD
the agreement has been fully performed. Each provision of this Settlement Agreement is
considered material by the parties. Time is of the essence in the performance of all obligations.
Ss
If any provision of this Agreement is determined to be invalid the remaining provisions shall
12 |} Rot be affected or impaired. The provisions of this Agreement may not be waived, or
13 || amended, unless made in writing and signed by both parties. Acceptance of any payments
14 || Under this Settlement Agreement shall not be deemed a waiver of any preceding default. This
15 || Agreement may be executed in counterparts. Facsimile or PDF signatures shall be deemed
16 |] Originals.
17 15. The parties each represent that they have had the opportunity to consult with
18 || legal counsel regarding this Settlement Agreement.
19 16. ADDITIONAL TERMS ATTACHED: MA
20 SIGNATURES
21 In agreement with the terms and conditions of this Settlement Agreement for Entry of
22 || Judgment or Dismissal, the parties hereby execute this agreement.
23 Dated: / U/ Y / gy
24
25
26 || Dated: 1a] 5| IS
7 . Beis Skewst Corporation
Plaintiff
28
Settlement Agreement And Stipulation for Entry of J judgment or Dismissal -7-© Mm YN DH Bw NY He
nN NN NY we ew Be ee ee
eS FRRFRKSRRkSERREETEHR rE
APPROVAL AS TO FORM AND CON’ 3
Cole et Ne en
c a
Francisco Torres wl MG
Attorney for Plaintiff
JUDICIAL APPROVAL:
Based upon the parties’ respective understanding of the terms and conditions of this
agreement and each of the parties’ agreement to be bound by its terms and conditions, and
good cause appearing therefor, this Settlement Agreement is approved.
Dated:
oO Judge of the Superior Court
O Judge Pro Tempore of the Superior Court
Settlement Agreement And Stipulation for Entry of Judgment or Dismissal
Preview
IONAMIN SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Dec-12-2018 1:29 pm Case Number: CUD-18-663284 Filing Date: Dec-12-2018 1:28 Filed by: CAROL BALISTRERI Image: 06608135 STIPULATION FOR ENTRY OF JUDGMENT CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL 001C06608135 Instructions: Please place this sheet on top of the document to be scanned.Com IY DAW aw NW 10 u 12 13 14 16 17 18 20 21 22 23 24 25 26 27 28 Francisco G. Torres e ar No. 156169) John P. Zan; gh (Bar No. 145845) ZANGHI T ORRES ARSHAWSKY LLP 625 Market Street, Fourth Floor San Francisco, CA 94105 (415) 977- 0444 Attomeys for Plaintiff Caritas Management Corporation SUPERIOR COURT OF CALIFORNIA LIMITED JURISDICTION COUNTY OF SAN FRANCISCO Caritas Management Corporation, } CASE NO. CUD-18-663284 Plaintiff, ) ) SETTLEMENT AGREEMENT AND v. ) STIPULATION FOR ENTRY OF } JUDGMENT OR DISMISSAL Emanuel Loggins, et al., } Defendants. ) ) ee Plaintiff Caritas Management Corporation (‘Plaintiff’) and defendant Emanuel Loggins ("Defendant") enter into this Settlement Agreement (“Settlement Agreement”) with reference to the real property located at 516 O'Farrell Street, Unit #214, San Francisco, California (the "Premises"). 1. The term of this Settlement Agreement will be from its execution until J ne S, 2020 or until the amount in Section 3a is paid in full, whichever is later (the “Termination Date”). 2. Defendant shall retain possession of the Premises provided that Defendant complies with all obligations of Defendant under this agreement. 3. a) Defendant shall pay to Plaintiff $. 2,012.00 _, which represents past due rent and unlawful detainer damages for the period September 1, 2018 to December 31, 2018. Defendant shall pay said amount to Plaintiff according to the following schedule: ~ Defendant has tendered $300.00, and that sum shall be deposited by Plaintiff; Settlement Agreement And Stipulation for Entry of Judgment or Dismissal20 ee YD DA BF WHY to N Se BYRREBEBRRRSESERDAREEBEHRSTS - Defendant, or an agency on his behalf, shal! pay $1,006.00 no later than 5 p.m. on December 10, 2018; and - Defendant, or an agency on his behalf, shall pay $203.00 no later than 5 p.m. on December 10, 2018; and - Defendant to pay $27.95 per month, no later than the Sth day of each month, from January 5, 2019 to June 5, 2020. Defendant may prepay any sum due under this subsection 3a. A prepayment of less than the full amount will not alter the requirement of monthly payments but will only result in the payments ending earlier than currently scheduled. b) In addition to the payment set forth in Section 3a, Defendant will pay to Plaintiff the amount of $503.00, no later than the Sth day of each month, beginning January 5, 2019, and continuing through the Termination Date. This amount is equivalent to Defendant’s portion of the current fair rental value of the Premises. Defendant understands that this monthly amount may be adjusted pursuant to annual or interim recertification of household income and program eligibility regulations. A default in these payments will be a material default, and a valid basis for entry of judgment against Defendant. Defendant knowingly and voluntarily waives any and all rights based on the decision and rationale stated in Little v. Sanchez (1985) 166 Cal.App.3d 501 and other similar cases, or laws, and specifically waives the right to object to entry of judgment based on these cases, and laws. ¢) Each payment shall be made to the manager at the management office. Cash, or payment from any other person, will NOT be accepted. d) Any payment from Defendant, partial or otherwise, will first be applied to payments due under Section 3b of this Settlement Agreement. If any portion of a payment remains after such application, then that remaining portion of the payment shall be applied to amounts due under section 3a. e) The payments required by this Settlement Agreement do not act to create a new tenancy, or reinstate Defendant’s tenancy, until and unless Defendant has completed all | Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -2-0 em IY DAH RB WwW Dw eae A ae DN FS obligations required by this Settlement Agreement. 4. No later than January 15, 2018, Defendant shall engage the services of a third party payee, or money management service, to pay Defendant’s monthly damages pursuant to Sections 3a and 3b of this Settlement Agreement. 5. Defendant represents and covenants that there are no other occupants at the Premises. Defendant shall not sublet or assign any interest in the Premises, and shall not allow any other person to reside in the Premises. 6. Defendant shall comply with all obligations of Defendant under the rental agreement, and all addenda including but not limited to the visitor policy and the house tules, as if the tenancy had not been terminated, except for those related to payment of rent, length of term, extension of term, and grievance procedures and except as otherwise set forth herein. Inclusion or reference to the rental agreement, or addenda shall not act to create or reinstate Defendant’s tenancy at the Premises. If there is any conflict between the rental agreement and this Agreement, the terms of this Agreement shall control in all respects. Defendant additionally agrees as follows: , a) Defendant, and Defendant's visitors, guests, care givers, and invitees, shall not engage in any nuisance in the Building; b) Defendant, and Defendant’s visitors, guests, care givers, and invitees, shall not verbally abuse or harass, any person in or around the Building, or any staff member, or other resident of the building, anywhere. Defendant, and Defendant’s visitors, guests, care givers, and invitees, shall not direct profanity, obscenities, epithets, or derogatory comments, at any person in or around the Building, or at any staff member, or other resident of the building, anywhere. These prohibitions include any communication, including but not limited to verbal statement, note, letter, text message, e-mail, phone call, and social media posting; c) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not interfere with staff members in the performance of the staff member’s duties; d) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not threaten, or intimidate any person, and will not engage in any threatening, assaultive or Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -3-Come ND A Pw NY we Ss IL intimidating behavior directed at any person, in or around the Building, or at any staff member, | or other resident of the building, anywhere. These prohibitions include any communication, including but not limited to verbal statement, note, letter, text message, e-mail, phone call, and social media posting; e) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not assault, batter, hit, kick or strike any person in or around the Building, or any staff member, or other resident of the building, anywhere. Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not brandish, or use, any weapon against any person in or around the Building, or against any staff member, or other resident of the building, anywhere. Defendant, and Defendant's visitors, guests, care givers, and invitees, will not cause bodily injury to any person, in or around the Building, or to any staff member, or other resident of the building, anywhere; f) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not | engage in any criminal activity, or drug related criminal activity in the Building, and Defendant shall also not engage in any criminal activity, or drug related criminal activity near the Building; g) Defendant, and Defendant’s visitors, guests, care givers, and invitees, will not damage, destroy or deface any part or portion of the Premises or the Building; h) Defendant will maintain the Premises in a clean, uncluttered, safe and sanitary condition. Defendant shall strictly comply with Plaintiff's pest control programs, and bed bug treatment programs, including providing access to the Premises upon proper notice, and taking all actions reasonably requested and necessary for the treatment of pests and/or bed bugs. Plaintiff may inspect the Premises to ensure compliance with this provision upon 24 hours written notice to Defendant and that Plaintiff may photograph or videotape the Premises during these inspection. 7. Defendant will comply with all housing program rules and regulations established by San Francisco for Defendant’s housing program. 8. If Defendant transfers to another rental unit owned or managed by Plaintiff, the Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -4-eo em IN DAH PR wWwNY Boe ee ee ee BURR oONRN SSR DRA ESGHE OS signing of a lease, and otherwise going through the transfer process, will not be deemed a waiver, change or cancellation of this Settlement Agreement. The occupancy in such rental unit will be governed by this Settlement Agreement through the Termination Date, and all amounts to be paid under Section 3a of this Settlement Agreement will continue to be paid by Defendant. The payment amount set forth in Section 3b will be adjusted according to the fair market rental rate for the rental unit to which Defendant is being transferred into. The “Premises” will include any unit that Defendant may transfer into, and the unlawful detainer complaint can be amended to substitute that rental unit as the premises which is the subject of this unlawful detainer, in place of 516 O’Farrell Street, Unit #214, San Francisco. Plaintiff may seek an order to amend the complaint on an ex parte basis alone, or combined with an ex parte application for judgment after a default by Defendant. 9 Defendant hereby releases Plaintiff, and Plaintiff's officers, directors, partners, affiliated companies, employees, agents, principals, and attorneys, and the owners of the building, from any and all claims, demands and causes of action, known or unknown, presently existing and however arising out of Defendant’s tenancy at the Premises, the termination of Defendant’s tenancy, and the instant action. California Civil Code Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor." Defendant expressly waives the provisions of Civil Code section 1542 and any right Defendant may have to invoke said provision or any similar provision or rule of the common law, now or in the future. 10. At the termination of this Agreement, so long as Defendant is not in default with respect to any provision of this Agreement, Plaintiff will file a Request for Entry of Dismissal of this action, and will reinstate Defendant’s tenancy. 11. If Defendant is in default with respect to any provision of this Settlement Agreement, Plaintiff is entitled to entry of judgment for possession of the Premises, for forfeiture of the rental agreement, past due rent and unlawful detainer damages in the amount of $2,012.00 through December 3 1, 2018; Daily damages of $16.76 for each day from January Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -5-oO ND AH PRY DY He ee ® SRkRROSNRSRERDREEGDH SS 1, 2019, to the date judgment is entered; However, Defendant shall receive credit for any payments made to Plaintiff under the terms of this Settlement Agreement. Plaintiff may move for entry of this stipulated judgment by declaration on an ex parte basis upon 25 hour’s notice. Notice shall be given to Defendant’s attorney of record, if any, by calling (HIS ) 6 OU-74U TZ, or emailing lf Defendant does not have an attorney of record, Plaintiff may give notice of any such ex parte application to Defendant by calling Defendant’s phone number: ( ) or by sending an email to: . If Defendant has not provided Plaintiff with a current phone number or email address, and does not have an attorney of record, Plaintiff may give notice of any such ex parte application to Defendant by posting written notice conspicuously at the Premises. If Plaintiff obtains judgment against Defendant as described in this settlement agreement, the restricted access to the court records for this unlawful detainer action shall be lifted, and access to the court record shall no longer be restricted, and the public may have full access to the court record. If the court does not lift restricted access on its own, Plaintiff may, but is not required to, seek an order lifting the restricted access to the court records, and may do so on an ex parte basis. After Plaintiff recovers possession of the Premises, Defendant will not enter the building, where the Premises is located, for any reason, and Plaintiff has the right to ban Defendant from entering the building. 12. A. The parties each waive their right to a trial by jury. B. Defendant waives the right to seek a stay of eviction, provided that Plaintiff has followed the procedure to obtain judgment set forth in this Settlement. C. Defendant waives all rights to relief from forfeiture. Defendant waives all rights to set aside or vacate the judgment, and all other relief from judgment, provided that Plaintiff has followed the procedure to obtain judgment set forth in this Settlement. D. Defendant waives the right to appeal any judgment entered in this action, provided that Plaintiff has followed the procedure to obtain judgment set forth in this Settlement. Settlement Agreement And Stipulation for Entry of Judgment or Dismissal -6-E. In the event of judgment entered after a default of this Settlement Agreement by Defendant, any personal Property remaining at the Premises by Defendant may be immediately disposed of. Defendant waives the right to a notice of abandoned property. F. Defendant waives the right to recover any and all security deposits, and any interest thereon, if any, held by Plaintiff, in the event of judgment entered upon a default by Defendant. 13. Except as otherwise provided for herein, Plaintiff and Defendant agree to bear their own legal costs and attorneys’ fees. 14, The court shall retain jurisdiction over the parties to enforce the settlement until CM I A HW Bw WD the agreement has been fully performed. Each provision of this Settlement Agreement is considered material by the parties. Time is of the essence in the performance of all obligations. Ss If any provision of this Agreement is determined to be invalid the remaining provisions shall 12 |} Rot be affected or impaired. The provisions of this Agreement may not be waived, or 13 || amended, unless made in writing and signed by both parties. Acceptance of any payments 14 || Under this Settlement Agreement shall not be deemed a waiver of any preceding default. This 15 || Agreement may be executed in counterparts. Facsimile or PDF signatures shall be deemed 16 |] Originals. 17 15. The parties each represent that they have had the opportunity to consult with 18 || legal counsel regarding this Settlement Agreement. 19 16. ADDITIONAL TERMS ATTACHED: MA 20 SIGNATURES 21 In agreement with the terms and conditions of this Settlement Agreement for Entry of 22 || Judgment or Dismissal, the parties hereby execute this agreement. 23 Dated: / U/ Y / gy 24 25 26 || Dated: 1a] 5| IS 7 . Beis Skewst Corporation Plaintiff 28 Settlement Agreement And Stipulation for Entry of J judgment or Dismissal -7-© Mm YN DH Bw NY He nN NN NY we ew Be ee ee eS FRRFRKSRRkSERREETEHR rE APPROVAL AS TO FORM AND CON’ 3 Cole et Ne en c a Francisco Torres wl MG Attorney for Plaintiff JUDICIAL APPROVAL: Based upon the parties’ respective understanding of the terms and conditions of this agreement and each of the parties’ agreement to be bound by its terms and conditions, and good cause appearing therefor, this Settlement Agreement is approved. Dated: oO Judge of the Superior Court O Judge Pro Tempore of the Superior Court Settlement Agreement And Stipulation for Entry of Judgment or Dismissal