Preview
MEUM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-25-2016 10:48 am
Case Number: CUD-16-655379
Filing Date: Jul-25-2016 10:47
Filed by: RONNIE OTERO
Image: 05486006
EX PARTE APPLICATION FOR ORDER
JOHN STEWART COMPANY VS. MAURICE WILLIAMS ET AL
001C05486006
Instructions:
Please place this sheet on top of the document to be scanned.Ss
Paul Arshawsky (SBN 114622)
ZANGHI TORRES ARSHAWSKY LLP
625 Market Street, 4" Floor
San Francisco, CA 94105
Phone: (415) 977-0444
Facsimile: (415) 977-0156
4 || Email: parshawsky@ztalaw.com
5 || Attorneys for Plaintiff
6 John Stewart Company
7
SUPERIOR COURT OF CALIFORNIA
8 LIMITED JURISDICTION
9 COUNTY OF SAN FRANCISCO
10 John Stewart Company, ) Case No. CUD 16 655379
)
Plaintiff, ) PLAINTIFF’S EX PARTE
nN ) APPLICATION FOR
v. ) ORDER ENTERING JUDGMENT
12 ) FOLLOWING DEFAULT UNDER
B Maurice Williams, et al., ) TERMS OF STIPULATION
)
14 Defendants. ) Date: July 25, 2
)
Time: 11:00 amg: F:
Dept: 501 é
» Fi NG
Pursuant to the terms of the Stipulation for Entry of Judgment in the E f Default
(“Stipulation”) filed on June 20, 2016, plaintiff John Stewart Company (“Plaintiff”) hereby requests the
court enter a judgment against defendant Maurice Williams (“Defendant”), and in favor of Plaintiff, as
set forth in the Stipulation.
I, Paul Arshawsky, declare as follows:
1. Iam an attorney at law duly licensed to practice before all the courts of the state of California
and am one of the attorneys of record for Plaintiff.
2. Plaintiff brought this unlawful detainer action against Defendant for possession of 611 Keith
Street #1A, San Francisco, California 94124, for failure to pay rent.
3. On June 20, 2016, a settlement was reached. Attached hereto as Exhibit One js a true and correct
copy of the Stipulation filed in this case.
4. Under the terms of the Stipulation, at paragraph 1, Defendant agreed to vacate the Premises no
later than 3:00 p.m. on July 20, 2016, and to give the keys to the Premises to the on-site property
Ex Parte Application for Entry of Judgmentmanager along with a notice stating Defendant had vacated the Premises.
5. Paragraph five of the Stipulation provided rent would be waived so long as Defendant vacated
the Premises by July 20, 2016.
6. Paragraph nine of the Stipulation provided if Defendant failed to comply with the terms of the
Stipulation, Plaintiff would be entitled to possession of the Premises, forfeiture of the rental agreement
and back rent of $2,453.00.
7. On July 21, 2016, I left a voice mail for Defendant at the phone number provided in his answer
advising Defendant I would be seeking ex parte application for entry of judgment in Department 501 of
the San Francisco Superior Court located at 400 McAllister Street, San Francisco at 11:00 a.m. on July
25, 2016 for Defendant breaching the Stipulation.
8. Lam informed and believe Defendant failed to comply with the provisions of paragraph 1, by
failing to vacate the Premises or give the keys to the Premises to the on-site property manager along with
anotice stating Defendant had vacated the Premises.
9. Thereby request this court enter judgment pursuant to paragraph 9: possession of the Premises,
forfeiture of the rental agreement and back rent of $2,453.00.
I declare under penalty of perjury under the laws of the state of California that the foregoing is true
and correct except as to those matters which are stated upon information and belief and as to those matters
I believe them to be true.
Dated: 7/25 | r0 WW bal)
Paul Arshawsky
Declarant
Ex Parte Application for Entry of Judgment -2-cm YN DA HW BF WN
yy pyPN pee ee me ee ~
BRRPRBRRPBBRBSSGEeSeRABDREER AS
DECLARATION OF CASSANDRA COATS IN SUPPORT OF EX PARTE APPLICATION
I, Cassandra Coats, declare as follows:
1. Lam making this declaration based upon my own personal knowledge and if called upon to
testify, I could and would testify competently thereto.
2. 1am the assistant property manager for plaintiff in charge of the premises known as 611 Keith
Street #1-A, San Francisco, California (“Premises”), and my duties include managing the day to day
operations of this building.
3. Under the terms of the Settlement Agreement reached in this case, Defendant was supposed to
vacate the Premises no later than 3:00 p.m. on July 20, 2016, and to give the keys to the Premises to the
on-site property manager along with a notice stating Defendant had vacated the Premises,
4, On July 21, 2016, I posted a letter, a true and correct copy of which is attached as Bxhibittwo ©
on the door to the Premises and said letter advised Defendant of the time and place of said ex parte
application.
5, Asof 9:00 am. on July 25, 2016, Defendant was still in possession of the Premises and failed to
give the keys to the Premises to me along with a notice stating Defendant had vacated the Premises.
6. Thad a maintenance person view the interior of the premises and it appears that Defendant's
personal possessions are still in the Premises.
I declare under penalty of perjury under the laws of the state of California that the foregoing is true
and correct except as to those matters which are stated upon information and belief and as to those
matters I believe them to be true.
Dated: TSS
‘assandra Coats
Declarant
Ex Parte Application for Entry of Judgment -3-Oo Oo YN DH FF WY
NY N NY NY N NY NY NY NO we we
ond A A BF Bw NH |§| SD ww AI DH BF WH =
John P. Zanghi (BAR NO. 145845)
ZANGHI TORRES ARSHAWSKY LLP
703 Market Street, Suite 1600 San Francisco County Superior Court
San Francisco, CA 94103 Lane
Telephone: (415) 977-0444 JUN 20 2016
Attomey for Plaintiff(s) CLERK OF THE COURT
BY:
DebuW Clerk
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
LIMITED JURISDICTION
JN AND FOR THE COUNTY OF SAN FRANCISCO
JOHN STEWART COMPANY, ) CASE NO. CUD 16 655379
)
Plaintiff(s), ) STIPULATION FOR ENTRY
) OF JUDGMENT IN THE EVENT
vs. ) OF DEFAULT
MAURICE WILLIAMS ET AL., )
DOES 1-5, EXHIBIT
Defendant(s). )
Plaintiff John Stewart Company (“plaintiff”) and defendant Maurice Williams (“defendant”)
enter into the following stipulated judgment in the above entitled action with reference to the real
property located at 611 Keith Street, #1A, in the County of San Francisco, California 94124, together
with all attendant garage storage and common areas (hereinafter referred to as the “subject premises.”)
1. Defendant hereby agrees to vacate the subject premises on or before 3:00 p.m. on
7/2 oO l 20li . Atthe time defendant vacates the subject premises, defendant shall
leave the subject premises free of any and all occupants, personal possessions, and debris. Any
remaining property shall be deemed abandoned and the parties agree that it may be disposed of without
Settlement Agreement and Stipulation For Judgment Defendant's Initials Here:. -l-
iveCoC Oo rN DW
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
further notice to the defendant. The subject premises shall be deemed vacant when defendant has
personally delivered all keys to the subject premises to the on-site property manager along with a note
stating that defendant has vacated the subject premises.
2. Defendant represents and covenants that other than Ayo ure all other
occupants at the premises are merely visitors, guests, or invitees; said occupants, if any are not tenants
and have not paid rent to defendant or any other individual.
3. While defendant remains in possession of the subject premises, defendant shall not sublet
or assign any interest in the premises or otherwise permit any person to reside at the subject premises,
4. While defendant remains in possession of the subject premises, defendant shall comply
with the Rental Agreement, House Rules and not engage in any acts constituting an unlawful act, a
nuisance or which substantially interferes with the comfort or safety of other residents or staff.
Inclusion or reference to the Rental Agreement, House or Community Rules and Visitor Policy shall
not act to create or reinstate defendant’s tenancy at the subject premises.
5. Defendant shall pay the following:
Revr Waive & COug AS pEFEWbAyy—
vacareX By 7o/eole
Ait payments shalt-be tate -wittracashier’s check or money-order payable to~
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, decisions,
Settlement Agreement and Stipulation For Judgment Defendant’s Initials Here:. -2-0 Oo IY DAW
or laws, and specifically waives the right to object to entry of judgment based on these cases,
decisions, and laws. This waiver of rights by defendant is a material part of the consideration for
plaintiff agreeing to enter into this Settlement Agreement, and for plaintiff's agreement to waive its
right to recover possession and court costs and attorneys’ fees incurred in this action.
6. Defendant waives any security deposit and any interest thereon and the parties stipulate
the requirements of Civil Code Section 1950.5 are deemed satisfied.
7. Defendant releases plaintiff, its employees, principals, agents and co-owners from any
all claims, demands and causes of action, known or unknown, present or future, arising out of
defendant’s tenancy at the subject premises or its termination. In this connection, defendant
acknowledges that defendant has had the opportunity to consult with legal counsel and is familiar
with the provisions of § 1542 of the Civil Code which provides:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his of 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 § 1542 of the Civil Code 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. Defendant understands that defendant cannot hereafter make further claims or seek any
further recovery of any nature whatsoever based upon, arising out of, or in connection with their
tenancy and its termination and defendant expressly waives any unknown claims caused by, or
alleged to be caused by any act or omission of any party in connection with the action or
circumstances giving rise or related to the action.
8. Except as provided herein with respect to a default, each side to bear their own costs and
fees.
9. In the event defendant fails to comply with the terms of this Stipulation, the parties
stipulate that plaintiff is entitled to judgment and that judgment shall be for restitution of
possession of the subject premises, forfeiture of the rental agreement and back rent of $2. ¢ $3
and-unlawful detainer damages-at the rate-of $_____from_-the expiration of the 110Tice To the date
oO y-ofjudgmient with-defendantte-+ee e-eredit for any -payme ade-purstantte-th
costs
its pursuant to a cost bill.
Plaintiff may move for entry of judgment on an ex parte basis upon 48 hours notice to
Settlement Agreement and Stipulation For Judgment Defendant’s Initials Here: -3-Co Om I DW BR Ww
10
defendant and_————______————.. At the hearing of any such application, each
party shall have the right to present testimony in court pursuant to the California Rules of Court.”
All moving and opposing papers shall be served at the hearing of the application.
10. DEFENDANT’S WAIVER OF RIGHTS:
a, Defendant knowingly and voluntarily waives the right to trial.
b. Defendant knowingly and voluntarily waives the right to appeal any judgment
entered in this action.
c. Defendant knowingly and voluntarily waives any stays of execution of eviction.
d. Defendant knowingly and voluntarily waives all motions for relief, set aside and stays
including the right to seek a stay in this action by the filing of a petition in bankruptcy.
e. Defendant knowingly and voluntarily waives the right to any notice of abandoned
property and that any personal property left at the subject premises may be immediately disposed
of without further notice.
Defendant understands each of the above rights and in order to settle this action, and
with full knowledge of the consequences, defendant waives each of the above.
11. Plaintiff will dismiss this action so long as defendant is not in default with respect to
any provision of this stipulated judgment within 5 court days of defendant’s completed
performance.
12. This settlement agreement shall constitute a judicially enforceable settlement as defined
by Code of Civil Procedure section 664.6, and the court shall retain jurisdiction over the parties to
enforce the settlement until the settlement agreement has been fully performed.
lOnal 1 ¢)
14. The parties agree that none of the provisions of this Stipulation may be waived,
amended or modified unless such waiver, amendment or modification is made in writing and
signed by both parties and their attorneys of record and that the acceptance of any full or partial
Settlement Agreement and Stipulation For Judgment Defendant's Initials Here: -4-0 Oo IN DW
10
ul
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
payments shall not be deemed to be a waiver of any preceding default.
In agreement with the terms and conditions of this settlement agreement, the parties and
their respective counsel execute this agreement.
APPROVED AS TO FORM AND CONTENT:
Dated: SG-y0 -1
rice Wiliams
Defendant
Dated:y 6/20 lib
‘Cassandra Coats
For John Stewart Company
Plaintiff
ZANG ARSHAWSKY LLP
Dated: y- ofho/1e
: t Spee HALLE 4
Attorneys for Plaintiff
The/fabove aprenfent and stipulation for jugdnent has been revjéwed by defendant’s
attqrney, , who is licensed $6 practice law in this Site. By signing
ig Stipulation, the defendant’s attorney sibmits that s/he haf explained the foregojig Stipulation to
the terms and legal éffect of thi
the defendant, who in turn acknowledged/his understanding
Stipulation.
ited: 7
Homes for Dyan
I, OC WME p An U) en presided over the settlement conference and based upon the parties’
respective understanding of tie terms and conditions of this agreement and each party agreeing to be
bound by its terms and good cause appearing thergfare, this stipulation shall become the order of the
court. IT IS SO ORDERED.
Dated: Vul e
___Judge of the Superior Court
_ Judge Pro Tempore of the Superior Court
Settlement Agreement and Stipulation For Judgment Defendant’s Initials Here: -5BA ZANGHI TORRES ARSHAWSKY LLP
Paul Arshawsky
415.977.0444 EXT 223
parshawsky@ztalaw.com
www.ztalaw.com,
July 21, 2016
Mr. Maurice Williams
611 Keith Street #1-A
San Francisco, CA 94124
Re: John Stewart Company v. Maurice Williams
San Francisco Superior Court Case No. CUD-16-655379
Dear Mr. Williams:
This office represents the John Stewart Company in the above-referenced case.
This letter will serve as notice that you are in default under the terms of the Stipulation
for Entry of Judgment or Dismissal filed with the Court on June 26, 2015. You have failed to
vacate the premises by July 20, 2016.
An attorney from this office will be making an Ex Parte Application for Entry of
Judgment against you, in Department 501 of the San Francisco Superior Court, located at 400
McAllister Street, San Francisco, at 11:00 a.m., on Monday, July 25, 2016.
If you have any questions, please contact me.
Very truly yours,
hee]
Paul Arshawsky
EXHIBIT 7
625 Market Street, 4* Floor = San Francisco, CA 94105 = 1.415.977.0444 » Fax 415.977.0156
Preview
MEUM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-25-2016 10:48 am Case Number: CUD-16-655379 Filing Date: Jul-25-2016 10:47 Filed by: RONNIE OTERO Image: 05486006 EX PARTE APPLICATION FOR ORDER JOHN STEWART COMPANY VS. MAURICE WILLIAMS ET AL 001C05486006 Instructions: Please place this sheet on top of the document to be scanned.Ss Paul Arshawsky (SBN 114622) ZANGHI TORRES ARSHAWSKY LLP 625 Market Street, 4" Floor San Francisco, CA 94105 Phone: (415) 977-0444 Facsimile: (415) 977-0156 4 || Email: parshawsky@ztalaw.com 5 || Attorneys for Plaintiff 6 John Stewart Company 7 SUPERIOR COURT OF CALIFORNIA 8 LIMITED JURISDICTION 9 COUNTY OF SAN FRANCISCO 10 John Stewart Company, ) Case No. CUD 16 655379 ) Plaintiff, ) PLAINTIFF’S EX PARTE nN ) APPLICATION FOR v. ) ORDER ENTERING JUDGMENT 12 ) FOLLOWING DEFAULT UNDER B Maurice Williams, et al., ) TERMS OF STIPULATION ) 14 Defendants. ) Date: July 25, 2 ) Time: 11:00 amg: F: Dept: 501 é » Fi NG Pursuant to the terms of the Stipulation for Entry of Judgment in the E f Default (“Stipulation”) filed on June 20, 2016, plaintiff John Stewart Company (“Plaintiff”) hereby requests the court enter a judgment against defendant Maurice Williams (“Defendant”), and in favor of Plaintiff, as set forth in the Stipulation. I, Paul Arshawsky, declare as follows: 1. Iam an attorney at law duly licensed to practice before all the courts of the state of California and am one of the attorneys of record for Plaintiff. 2. Plaintiff brought this unlawful detainer action against Defendant for possession of 611 Keith Street #1A, San Francisco, California 94124, for failure to pay rent. 3. On June 20, 2016, a settlement was reached. Attached hereto as Exhibit One js a true and correct copy of the Stipulation filed in this case. 4. Under the terms of the Stipulation, at paragraph 1, Defendant agreed to vacate the Premises no later than 3:00 p.m. on July 20, 2016, and to give the keys to the Premises to the on-site property Ex Parte Application for Entry of Judgmentmanager along with a notice stating Defendant had vacated the Premises. 5. Paragraph five of the Stipulation provided rent would be waived so long as Defendant vacated the Premises by July 20, 2016. 6. Paragraph nine of the Stipulation provided if Defendant failed to comply with the terms of the Stipulation, Plaintiff would be entitled to possession of the Premises, forfeiture of the rental agreement and back rent of $2,453.00. 7. On July 21, 2016, I left a voice mail for Defendant at the phone number provided in his answer advising Defendant I would be seeking ex parte application for entry of judgment in Department 501 of the San Francisco Superior Court located at 400 McAllister Street, San Francisco at 11:00 a.m. on July 25, 2016 for Defendant breaching the Stipulation. 8. Lam informed and believe Defendant failed to comply with the provisions of paragraph 1, by failing to vacate the Premises or give the keys to the Premises to the on-site property manager along with anotice stating Defendant had vacated the Premises. 9. Thereby request this court enter judgment pursuant to paragraph 9: possession of the Premises, forfeiture of the rental agreement and back rent of $2,453.00. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct except as to those matters which are stated upon information and belief and as to those matters I believe them to be true. Dated: 7/25 | r0 WW bal) Paul Arshawsky Declarant Ex Parte Application for Entry of Judgment -2-cm YN DA HW BF WN yy pyPN pee ee me ee ~ BRRPRBRRPBBRBSSGEeSeRABDREER AS DECLARATION OF CASSANDRA COATS IN SUPPORT OF EX PARTE APPLICATION I, Cassandra Coats, declare as follows: 1. Lam making this declaration based upon my own personal knowledge and if called upon to testify, I could and would testify competently thereto. 2. 1am the assistant property manager for plaintiff in charge of the premises known as 611 Keith Street #1-A, San Francisco, California (“Premises”), and my duties include managing the day to day operations of this building. 3. Under the terms of the Settlement Agreement reached in this case, Defendant was supposed to vacate the Premises no later than 3:00 p.m. on July 20, 2016, and to give the keys to the Premises to the on-site property manager along with a notice stating Defendant had vacated the Premises, 4, On July 21, 2016, I posted a letter, a true and correct copy of which is attached as Bxhibittwo © on the door to the Premises and said letter advised Defendant of the time and place of said ex parte application. 5, Asof 9:00 am. on July 25, 2016, Defendant was still in possession of the Premises and failed to give the keys to the Premises to me along with a notice stating Defendant had vacated the Premises. 6. Thad a maintenance person view the interior of the premises and it appears that Defendant's personal possessions are still in the Premises. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct except as to those matters which are stated upon information and belief and as to those matters I believe them to be true. Dated: TSS ‘assandra Coats Declarant Ex Parte Application for Entry of Judgment -3-Oo Oo YN DH FF WY NY N NY NY N NY NY NY NO we we ond A A BF Bw NH |§| SD ww AI DH BF WH = John P. Zanghi (BAR NO. 145845) ZANGHI TORRES ARSHAWSKY LLP 703 Market Street, Suite 1600 San Francisco County Superior Court San Francisco, CA 94103 Lane Telephone: (415) 977-0444 JUN 20 2016 Attomey for Plaintiff(s) CLERK OF THE COURT BY: DebuW Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA LIMITED JURISDICTION JN AND FOR THE COUNTY OF SAN FRANCISCO JOHN STEWART COMPANY, ) CASE NO. CUD 16 655379 ) Plaintiff(s), ) STIPULATION FOR ENTRY ) OF JUDGMENT IN THE EVENT vs. ) OF DEFAULT MAURICE WILLIAMS ET AL., ) DOES 1-5, EXHIBIT Defendant(s). ) Plaintiff John Stewart Company (“plaintiff”) and defendant Maurice Williams (“defendant”) enter into the following stipulated judgment in the above entitled action with reference to the real property located at 611 Keith Street, #1A, in the County of San Francisco, California 94124, together with all attendant garage storage and common areas (hereinafter referred to as the “subject premises.”) 1. Defendant hereby agrees to vacate the subject premises on or before 3:00 p.m. on 7/2 oO l 20li . Atthe time defendant vacates the subject premises, defendant shall leave the subject premises free of any and all occupants, personal possessions, and debris. Any remaining property shall be deemed abandoned and the parties agree that it may be disposed of without Settlement Agreement and Stipulation For Judgment Defendant's Initials Here:. -l- iveCoC Oo rN DW 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 further notice to the defendant. The subject premises shall be deemed vacant when defendant has personally delivered all keys to the subject premises to the on-site property manager along with a note stating that defendant has vacated the subject premises. 2. Defendant represents and covenants that other than Ayo ure all other occupants at the premises are merely visitors, guests, or invitees; said occupants, if any are not tenants and have not paid rent to defendant or any other individual. 3. While defendant remains in possession of the subject premises, defendant shall not sublet or assign any interest in the premises or otherwise permit any person to reside at the subject premises, 4. While defendant remains in possession of the subject premises, defendant shall comply with the Rental Agreement, House Rules and not engage in any acts constituting an unlawful act, a nuisance or which substantially interferes with the comfort or safety of other residents or staff. Inclusion or reference to the Rental Agreement, House or Community Rules and Visitor Policy shall not act to create or reinstate defendant’s tenancy at the subject premises. 5. Defendant shall pay the following: Revr Waive & COug AS pEFEWbAyy— vacareX By 7o/eole Ait payments shalt-be tate -wittracashier’s check or money-order payable to~ 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, decisions, Settlement Agreement and Stipulation For Judgment Defendant’s Initials Here:. -2-0 Oo IY DAW or laws, and specifically waives the right to object to entry of judgment based on these cases, decisions, and laws. This waiver of rights by defendant is a material part of the consideration for plaintiff agreeing to enter into this Settlement Agreement, and for plaintiff's agreement to waive its right to recover possession and court costs and attorneys’ fees incurred in this action. 6. Defendant waives any security deposit and any interest thereon and the parties stipulate the requirements of Civil Code Section 1950.5 are deemed satisfied. 7. Defendant releases plaintiff, its employees, principals, agents and co-owners from any all claims, demands and causes of action, known or unknown, present or future, arising out of defendant’s tenancy at the subject premises or its termination. In this connection, defendant acknowledges that defendant has had the opportunity to consult with legal counsel and is familiar with the provisions of § 1542 of the Civil Code which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his of 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 § 1542 of the Civil Code 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. Defendant understands that defendant cannot hereafter make further claims or seek any further recovery of any nature whatsoever based upon, arising out of, or in connection with their tenancy and its termination and defendant expressly waives any unknown claims caused by, or alleged to be caused by any act or omission of any party in connection with the action or circumstances giving rise or related to the action. 8. Except as provided herein with respect to a default, each side to bear their own costs and fees. 9. In the event defendant fails to comply with the terms of this Stipulation, the parties stipulate that plaintiff is entitled to judgment and that judgment shall be for restitution of possession of the subject premises, forfeiture of the rental agreement and back rent of $2. ¢ $3 and-unlawful detainer damages-at the rate-of $_____from_-the expiration of the 110Tice To the date oO y-ofjudgmient with-defendantte-+ee e-eredit for any -payme ade-purstantte-th costs its pursuant to a cost bill. Plaintiff may move for entry of judgment on an ex parte basis upon 48 hours notice to Settlement Agreement and Stipulation For Judgment Defendant’s Initials Here: -3-Co Om I DW BR Ww 10 defendant and_————______————.. At the hearing of any such application, each party shall have the right to present testimony in court pursuant to the California Rules of Court.” All moving and opposing papers shall be served at the hearing of the application. 10. DEFENDANT’S WAIVER OF RIGHTS: a, Defendant knowingly and voluntarily waives the right to trial. b. Defendant knowingly and voluntarily waives the right to appeal any judgment entered in this action. c. Defendant knowingly and voluntarily waives any stays of execution of eviction. d. Defendant knowingly and voluntarily waives all motions for relief, set aside and stays including the right to seek a stay in this action by the filing of a petition in bankruptcy. e. Defendant knowingly and voluntarily waives the right to any notice of abandoned property and that any personal property left at the subject premises may be immediately disposed of without further notice. Defendant understands each of the above rights and in order to settle this action, and with full knowledge of the consequences, defendant waives each of the above. 11. Plaintiff will dismiss this action so long as defendant is not in default with respect to any provision of this stipulated judgment within 5 court days of defendant’s completed performance. 12. This settlement agreement shall constitute a judicially enforceable settlement as defined by Code of Civil Procedure section 664.6, and the court shall retain jurisdiction over the parties to enforce the settlement until the settlement agreement has been fully performed. lOnal 1 ¢) 14. The parties agree that none of the provisions of this Stipulation may be waived, amended or modified unless such waiver, amendment or modification is made in writing and signed by both parties and their attorneys of record and that the acceptance of any full or partial Settlement Agreement and Stipulation For Judgment Defendant's Initials Here: -4-0 Oo IN DW 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 payments shall not be deemed to be a waiver of any preceding default. In agreement with the terms and conditions of this settlement agreement, the parties and their respective counsel execute this agreement. APPROVED AS TO FORM AND CONTENT: Dated: SG-y0 -1 rice Wiliams Defendant Dated:y 6/20 lib ‘Cassandra Coats For John Stewart Company Plaintiff ZANG ARSHAWSKY LLP Dated: y- ofho/1e : t Spee HALLE 4 Attorneys for Plaintiff The/fabove aprenfent and stipulation for jugdnent has been revjéwed by defendant’s attqrney, , who is licensed $6 practice law in this Site. By signing ig Stipulation, the defendant’s attorney sibmits that s/he haf explained the foregojig Stipulation to the terms and legal éffect of thi the defendant, who in turn acknowledged/his understanding Stipulation. ited: 7 Homes for Dyan I, OC WME p An U) en presided over the settlement conference and based upon the parties’ respective understanding of tie terms and conditions of this agreement and each party agreeing to be bound by its terms and good cause appearing thergfare, this stipulation shall become the order of the court. IT IS SO ORDERED. Dated: Vul e ___Judge of the Superior Court _ Judge Pro Tempore of the Superior Court Settlement Agreement and Stipulation For Judgment Defendant’s Initials Here: -5BA ZANGHI TORRES ARSHAWSKY LLP Paul Arshawsky 415.977.0444 EXT 223 parshawsky@ztalaw.com www.ztalaw.com, July 21, 2016 Mr. Maurice Williams 611 Keith Street #1-A San Francisco, CA 94124 Re: John Stewart Company v. Maurice Williams San Francisco Superior Court Case No. CUD-16-655379 Dear Mr. Williams: This office represents the John Stewart Company in the above-referenced case. This letter will serve as notice that you are in default under the terms of the Stipulation for Entry of Judgment or Dismissal filed with the Court on June 26, 2015. You have failed to vacate the premises by July 20, 2016. An attorney from this office will be making an Ex Parte Application for Entry of Judgment against you, in Department 501 of the San Francisco Superior Court, located at 400 McAllister Street, San Francisco, at 11:00 a.m., on Monday, July 25, 2016. If you have any questions, please contact me. Very truly yours, hee] Paul Arshawsky EXHIBIT 7 625 Market Street, 4* Floor = San Francisco, CA 94105 = 1.415.977.0444 » Fax 415.977.0156