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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
dan-31-2017 10:18 am
Case Number: CUD-16-657019
Filing Date: Jan-31-2017 10:17
Filed by: CAROL BALISTRERI
Image: 05725946
STIPULATION FOR ENTRY OF JUDGMENT
SAN FRANCISCO HOUSING AUTHORITY VS. ROCHELLE JONES ET AL
001005725946
Instructions:
Please place this sheet on top of the document to be scanned.Nichole Santiago (SBN 291632) F I
SAN FRANCISCO HOUSING AUTHORITY aster c et D
1815 Egbert Avenue 3" floor Tanclscg
San Francisco, CA 94124 JAN 37
Telephone: (415) 715-3274 2017
santiagon@stha.org RK OF THE cg
Attorney for Plaintiff eur
San Francisco Housing Authority
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
SAN FRANCISCO HOUSING ) Case No.: CUD-16-657019
AUTHORITY, )
) SETTLEMENT AGREEMENT AND
Plaintiff, ) STIPULATION FOR ENTRY OF
) JUDGMENT OR DISMISSAL
v. )
ROCHELLE JONES, et al., }
Defendants. ;
)
Plaintiff SAN FRANCISCO HOUSING AUTHORITY (“Plaintiff”), and Defendant
ROCHELLE JONES (“Defendant”) enter into the following Settlement Agreement and
Stipulation for Entry of Judgment or Dismissal (“Settlement Agreement”) in the above-entitled
action with reference to the real property located at 1040 Connecticut Street, San Francisco,
California, 94107, together with all attendant common areas, garage and storage areas, if any|
(“Premises”).
1. Each provision of this Settlement Agreement is considered material by the parties. The
term of this Settlement Agreement will be from its execution date, until Defendant pays the
balance (“Balance”) defined in paragraph three in full (“Termination Date”). Time is of the
essence in performance of all obligations hereunder.
1
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL2. Defendant shall retain possession of the Premises provided Defendant complies with all
obligations of Defendant under this Settlement Agreement.
3. Payment Terms
a. Defendant agrees to pay Plaintiff the sum of $ # 4 b 1. Od , which
represents the balance of past due rent unlawful detainer damages (“Back Rent”) through
January 31, 2017, (three-year debt) and due under this Settlement Agreement. Defendant agrees
to pay the Back Rent to Plaintiff according to the following schedule: Defendant to pay the
minimum payment permitted, in the amount of AT”? per month. All subsequent payments.
beginning February {0,2017, are due no later than theest day of each month (“Due Date”) until]
the entire balance of Back Rent is paid in full and this Settlement Agreement terminates. If
Defendant’s household income increases or decreases, the monthly amount due will increase of
decrease so that the payment due is equal to 7.5% of Defendant’s household gross adjusted
monthly income. The minimum amount due under this section is $25.00. Defendant is permitted]
to prepay any portion of the total sum. Any lump sum payment will not change the requirement]
of a payment, as described above.
b. In addition to the Back Rent required by Section 3a, Defendant will pay Plainti
damages (“Rent”) in the amount off 313° continuing through the Termination Date. The firs
payment is due on February 192017. . All subsequent payments
will be due no later than the athday of each month. Defendant understands that the amount of
$79.00 per month may be increased or decreased pursuant to Defendant’s annual or interim
recertification and program eligibility.
c. Defendant stipulates that a default in either of these payments will be a valid basis
for entry of judgment against Defendant for possession of the Premises as well as damages as se’
forth in this Settlement Agreement. Defendant knowingly and voluntarily waives any and “l
rights based on the decision and rationale stated in Little v. Sanchez (1985) 166 Cal. App.3d 501]
and other similar cases, decisions 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.
2
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALd. Cash will not be accepted as payment. Each payment required by this Settlement
Agreement must be made by either a cashier’s check or money order and must be made payable
to “San Francisco Housing Authority,” and shall be hand delivered to the on-site manager of the
Building. Defendant bears the risk for a default under this Settlement Agreement resulting from}
any lost or delayed payment.
e. Defendant understands and agrees that the payments required by this Settlemen
Agreement do not constitute rent, but are instead damages pursuant to settlement and do not act
to create a new tenancy or reinstate Defendant’s tenancy until and unless Defendant has
completed all obligations required by this Settlement Agreement.
f. Any payment from Defendant will first be applied to amounts due under Section
3b of this Settlement Agreement, and if any portion remains after such application, the remaining
portion of the payment shall be applied to the amounts due under Section 3a. Any missed
payments due under Section 3b will be added to the unpaid balance of Back Rent due under this
Settlement Agreement.
g. Defendant understands and agrees that the acceptance of payments due under this
Settlement Agreement shall not be deemed to be a waiver of any preceding or later-occurring
default.
4. Defendant represents and covenants that there are no other adult occupants at the
Premises, and any other persons at the Premises are merely visitors, guests, or invitees
Defendant will not sublet or assign any interest in the Premises and will not allow any other
person to reside in the Premises without obtaining Plaintiffs authorization beforehand.
Defendant stipulates that a breach of this paragraph will be a valid basis for entry of judgment
against Defendant for possession of the Premises as well as damages as set forth in this
Settlement Agreement.
5. Defendant’s tenancy has been terminated; however, Defendant shall comply with all]
obligations of Defendant under the rental agreement and the house rules, if any, as if the tenancy
has not been terminated, except for those related to payment of rent, length of terms, extension off
term, and grievance procedures except as otherwise set forth herein. Inclusion or reference to the
3
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL© 38
rental agreement and House Rules shall not act to create or reinstate Defendant’s tenancy at the
Premises. If there is any conflict between the rental agreement and this Settlement Agreement,
the terms of this Settlement Agreement shall control in all respects. Defendant additional
agrees as follows:
a. Defendant, Household Members, guests of Household Members and other
persons under the control of Defendant, will not commit or permit any nuisance, and will not
disturb the quiet enjoyment of the other residents in the Housing Development;
b. Defendant, Household Members, guests of Household Members and othey
persons under the control of Defendant in and near the Housing Development will not engage in
any criminal activity on or off the Housing Development. Defendant, Household Members,
guests of Household Members and other persons under the control of Defendant in and around|
the Housing Development will not engage in any drug-related criminal activity on or off thd
Housing Development. Defendant, Household Members, guests of Household Members and
other persons under the control of Defendant will not possess, sell, give away, cultivate,
manufacture, or use, any illegal drugs, narcotics, or controlled substances, and will not possesg
any device used for smoking or injecting a controlled substance, on or off the Housing
Development;
6. While Defendant remains in possession of the Premises, Defendant will comply with all
annual or interim recertification procedures upon Plaintiff's written request. Neither a request
for, nor the participation in, the recertification process will be deemed a waiver, change, of
cancellation of this Settlement Agreement. Defendant stipulates that a breach in this paragraph
will be a valid basis for entry of judgment against Defendant for possession of the Premises ag
well as damages as set forth in this Settlement Agreement.
7, The parties expressly stipulate that if Defendant transfers to another rental unit owned o
managed by Plaintiff, or to any HOPE VI or HOPE SF developments in San Francisco, thd
signing of a lease for that rental unit and otherwise undergoing the transfer process will not be
deemed a waiver, change, or cancellation of this Settlement Agreement. The occupancy in such
rental unit or rental units shall be governed by the provisions of this Settlement Agreement
4
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALoO 3°
through the Termination Date. Notwithstanding a transfer to another unit, or the signing of a
lease for another rental unit, all terms of this Settlement Agreement will continue. The partieg
stipulate that the “Premises” includes any unit that Defendant may transfer into during the term]
of this Settlement Agreement. The parties stipulate that the unlawful detainer complaint can be
amended to substitute that rental unit as the premises which are the subject in the unlawful
detainer action in the place of the currently defined “Premises.” The parties stipulate that
Plaintiff may seek an order to amend the complaint on an ex parte basis alone, or after a defaul
by Defendant combined with an ex parte application for judgment.
8. Defendant hereby releases Plaintiff, it’s principles, attorneys, employees, representatives.
and agents from any and all claims, debts, actions, causes of action, liabilities, demands,
damages, losses, and lawsuits, of every kind, nature or description, in law or in equity, whether
known or unknown, suspected or unsuspected, fixed or contingent, presently existing or however
arising out of Defendant’s tenancy at the Premises, the termination of Defendant’s tenancy and
the instant action. Defendant is aware of the provisions of Civil Code section 1542 whichl
provides in pertinent part:
“A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by
him or her must have materially affected his or her
settlement with the debtor.”
Defendant expressly waives the provisions of Civil Code section 1542 and any rights Defendant
may have to invoke said provision or any similar provision or rule of the common law, now of
enacted in the future. Defendant acknowledges that Defendant voluntary executes this Settlement
Agreement with full knowledge of its significance and with the express intent of thd
extinguishment of all existing obligations.
9. At the termination of this Settlement Agreement, as long as Defendant is not in defaulf
with respect to any provision of this Settlement Agreement, Plaintiff will file a Request for Entry|
of Dismissal of this action, and will reinstate Defendant’s tenancy.
5
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL© °
10. Except as expressly stated herein, in the event 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 detainey
damages to the date the judgment is entered, costs, and attorneys’ fees in the amounts evidenced
by declaration. 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 partd
basis upon 72 hours’ notice to Defendant or to Defendant’s attorney of record, if any. nad
may give telephonic notice to Defendant by calling Defendant’s phone number
(5:0 ) 33S -2] 1% , or Defendant’s attorney of record, if any. If Defendant does not
have a current phone number, or an attorney of record, or Plaintiff may serve notice of any such
ex parte application to Defendant by posting written notice conspicuously at the Premises.
11. Waiver.
a. The parties each hereby waive their right to trial by jury;
b. Defendant waives the right to appeal any judgment entered in this action;
c. Defendant waives the right to seek more than one stay of eviction;
d. Defendant waives all right to relief from forfeiture;
e. Defendant waives all rights to set aside or vacate the judgment, and all other relief
from judgment;
f. Defendant waives the right to any notice of abandoned property and stipulates that
any personal property left at the Premises may be immediately disposed of without
further notice in the event of judgment entered upon any default by Defendant; and,
g. 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 any default by
Defendant.
12. Except as otherwise provided for herein in the event of default, Plaintiff and Defendant!
agree to bear their own legal costs and attorneys’ fees.
6
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL© °
13. This Settlement Agreement shall constitute a judicially enforceable settlement as defined
by California Code of Civil Procedure section 664.6. Plaintiff and Defendant request that the
court shall retain jurisdiction over the parties to enforce the Settlement Agreement until thd
Settlement Agreement has been fully performed and any Judgment rendered in this action. The
parties expressly agree to extend the court’s jurisdiction beyond the 5-year limit to bring a cas¢
to trial and waive the provisions of Code of Civil Procedure Section 583.310.
14. In the event that any provision of this Settlement Agreement is determined to be invalid,
illegal, or unenforceable for any reason, the validity, legality and enforceability of the remaining
provisions shall not be affected or impaired thereby.
15. Notwithstanding Section 8 of the Settlement Agreement, Plaintiff and Defendant agred
that they will each retain the following claims or agree to resolve existing claims or disputes in
the following manner:
16. The parties agree that none of the provisions of this Settlement Agreement may bd
waived, amended or modified unless such waiver, amendment, or modification is made in|
writing and signed by both parties and their attorneys of record, if any.
17. Defendant represents and covenants that Defendant has read this Settlement Agreement
and understands the terms and conditions of it, and the legal effects thereof, including, but no
limited to, the consequences of a default by Defendant. The parties represent and covenant tha
they have had the opportunity to consult with legal counsel regarding the terms of this Settlement
Agreement.
18. This Settlement Agreement may be executed in counterparts and when each party has
signed and delivered at least one such counterpart, each counterpart shall be deemed an original
and taken together shall constitute one and the same agreement, which shall be binding and
effective as to all parties. Fax and PDF signatures are deemed originals for all purposes.
7
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALSIGNATURES
In agreement with the terms and conditions of this Settlement Agreement for Entry off
Judgment or Dismissal, the parties hereby execute this Settlement Agreement.
pews 25 VE » eel y | [pou
VEFENTANT, Racteve jong
i
By:
ated: 5 \
D: a pyauerw) a 2617 peaamcr En. FERSGELS
Yq AuTDeATY - Nichole
SANTYAGO
8
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet dan-31-2017 10:18 am Case Number: CUD-16-657019 Filing Date: Jan-31-2017 10:17 Filed by: CAROL BALISTRERI Image: 05725946 STIPULATION FOR ENTRY OF JUDGMENT SAN FRANCISCO HOUSING AUTHORITY VS. ROCHELLE JONES ET AL 001005725946 Instructions: Please place this sheet on top of the document to be scanned.Nichole Santiago (SBN 291632) F I SAN FRANCISCO HOUSING AUTHORITY aster c et D 1815 Egbert Avenue 3" floor Tanclscg San Francisco, CA 94124 JAN 37 Telephone: (415) 715-3274 2017 santiagon@stha.org RK OF THE cg Attorney for Plaintiff eur San Francisco Housing Authority SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO LIMITED JURISDICTION SAN FRANCISCO HOUSING ) Case No.: CUD-16-657019 AUTHORITY, ) ) SETTLEMENT AGREEMENT AND Plaintiff, ) STIPULATION FOR ENTRY OF ) JUDGMENT OR DISMISSAL v. ) ROCHELLE JONES, et al., } Defendants. ; ) Plaintiff SAN FRANCISCO HOUSING AUTHORITY (“Plaintiff”), and Defendant ROCHELLE JONES (“Defendant”) enter into the following Settlement Agreement and Stipulation for Entry of Judgment or Dismissal (“Settlement Agreement”) in the above-entitled action with reference to the real property located at 1040 Connecticut Street, San Francisco, California, 94107, together with all attendant common areas, garage and storage areas, if any| (“Premises”). 1. Each provision of this Settlement Agreement is considered material by the parties. The term of this Settlement Agreement will be from its execution date, until Defendant pays the balance (“Balance”) defined in paragraph three in full (“Termination Date”). Time is of the essence in performance of all obligations hereunder. 1 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL2. Defendant shall retain possession of the Premises provided Defendant complies with all obligations of Defendant under this Settlement Agreement. 3. Payment Terms a. Defendant agrees to pay Plaintiff the sum of $ # 4 b 1. Od , which represents the balance of past due rent unlawful detainer damages (“Back Rent”) through January 31, 2017, (three-year debt) and due under this Settlement Agreement. Defendant agrees to pay the Back Rent to Plaintiff according to the following schedule: Defendant to pay the minimum payment permitted, in the amount of AT”? per month. All subsequent payments. beginning February {0,2017, are due no later than theest day of each month (“Due Date”) until] the entire balance of Back Rent is paid in full and this Settlement Agreement terminates. If Defendant’s household income increases or decreases, the monthly amount due will increase of decrease so that the payment due is equal to 7.5% of Defendant’s household gross adjusted monthly income. The minimum amount due under this section is $25.00. Defendant is permitted] to prepay any portion of the total sum. Any lump sum payment will not change the requirement] of a payment, as described above. b. In addition to the Back Rent required by Section 3a, Defendant will pay Plainti damages (“Rent”) in the amount off 313° continuing through the Termination Date. The firs payment is due on February 192017. . All subsequent payments will be due no later than the athday of each month. Defendant understands that the amount of $79.00 per month may be increased or decreased pursuant to Defendant’s annual or interim recertification and program eligibility. c. Defendant stipulates that a default in either of these payments will be a valid basis for entry of judgment against Defendant for possession of the Premises as well as damages as se’ forth in this Settlement Agreement. Defendant knowingly and voluntarily waives any and “l rights based on the decision and rationale stated in Little v. Sanchez (1985) 166 Cal. App.3d 501] and other similar cases, decisions 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. 2 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALd. Cash will not be accepted as payment. Each payment required by this Settlement Agreement must be made by either a cashier’s check or money order and must be made payable to “San Francisco Housing Authority,” and shall be hand delivered to the on-site manager of the Building. Defendant bears the risk for a default under this Settlement Agreement resulting from} any lost or delayed payment. e. Defendant understands and agrees that the payments required by this Settlemen Agreement do not constitute rent, but are instead damages pursuant to settlement and do not act to create a new tenancy or reinstate Defendant’s tenancy until and unless Defendant has completed all obligations required by this Settlement Agreement. f. Any payment from Defendant will first be applied to amounts due under Section 3b of this Settlement Agreement, and if any portion remains after such application, the remaining portion of the payment shall be applied to the amounts due under Section 3a. Any missed payments due under Section 3b will be added to the unpaid balance of Back Rent due under this Settlement Agreement. g. Defendant understands and agrees that the acceptance of payments due under this Settlement Agreement shall not be deemed to be a waiver of any preceding or later-occurring default. 4. Defendant represents and covenants that there are no other adult occupants at the Premises, and any other persons at the Premises are merely visitors, guests, or invitees Defendant will not sublet or assign any interest in the Premises and will not allow any other person to reside in the Premises without obtaining Plaintiffs authorization beforehand. Defendant stipulates that a breach of this paragraph will be a valid basis for entry of judgment against Defendant for possession of the Premises as well as damages as set forth in this Settlement Agreement. 5. Defendant’s tenancy has been terminated; however, Defendant shall comply with all] obligations of Defendant under the rental agreement and the house rules, if any, as if the tenancy has not been terminated, except for those related to payment of rent, length of terms, extension off term, and grievance procedures except as otherwise set forth herein. Inclusion or reference to the 3 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL© 38 rental agreement and House Rules shall not act to create or reinstate Defendant’s tenancy at the Premises. If there is any conflict between the rental agreement and this Settlement Agreement, the terms of this Settlement Agreement shall control in all respects. Defendant additional agrees as follows: a. Defendant, Household Members, guests of Household Members and other persons under the control of Defendant, will not commit or permit any nuisance, and will not disturb the quiet enjoyment of the other residents in the Housing Development; b. Defendant, Household Members, guests of Household Members and othey persons under the control of Defendant in and near the Housing Development will not engage in any criminal activity on or off the Housing Development. Defendant, Household Members, guests of Household Members and other persons under the control of Defendant in and around| the Housing Development will not engage in any drug-related criminal activity on or off thd Housing Development. Defendant, Household Members, guests of Household Members and other persons under the control of Defendant will not possess, sell, give away, cultivate, manufacture, or use, any illegal drugs, narcotics, or controlled substances, and will not possesg any device used for smoking or injecting a controlled substance, on or off the Housing Development; 6. While Defendant remains in possession of the Premises, Defendant will comply with all annual or interim recertification procedures upon Plaintiff's written request. Neither a request for, nor the participation in, the recertification process will be deemed a waiver, change, of cancellation of this Settlement Agreement. Defendant stipulates that a breach in this paragraph will be a valid basis for entry of judgment against Defendant for possession of the Premises ag well as damages as set forth in this Settlement Agreement. 7, The parties expressly stipulate that if Defendant transfers to another rental unit owned o managed by Plaintiff, or to any HOPE VI or HOPE SF developments in San Francisco, thd signing of a lease for that rental unit and otherwise undergoing the transfer process will not be deemed a waiver, change, or cancellation of this Settlement Agreement. The occupancy in such rental unit or rental units shall be governed by the provisions of this Settlement Agreement 4 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALoO 3° through the Termination Date. Notwithstanding a transfer to another unit, or the signing of a lease for another rental unit, all terms of this Settlement Agreement will continue. The partieg stipulate that the “Premises” includes any unit that Defendant may transfer into during the term] of this Settlement Agreement. The parties stipulate that the unlawful detainer complaint can be amended to substitute that rental unit as the premises which are the subject in the unlawful detainer action in the place of the currently defined “Premises.” The parties stipulate that Plaintiff may seek an order to amend the complaint on an ex parte basis alone, or after a defaul by Defendant combined with an ex parte application for judgment. 8. Defendant hereby releases Plaintiff, it’s principles, attorneys, employees, representatives. and agents from any and all claims, debts, actions, causes of action, liabilities, demands, damages, losses, and lawsuits, of every kind, nature or description, in law or in equity, whether known or unknown, suspected or unsuspected, fixed or contingent, presently existing or however arising out of Defendant’s tenancy at the Premises, the termination of Defendant’s tenancy and the instant action. Defendant is aware of the provisions of Civil Code section 1542 whichl provides in pertinent part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Defendant expressly waives the provisions of Civil Code section 1542 and any rights Defendant may have to invoke said provision or any similar provision or rule of the common law, now of enacted in the future. Defendant acknowledges that Defendant voluntary executes this Settlement Agreement with full knowledge of its significance and with the express intent of thd extinguishment of all existing obligations. 9. At the termination of this Settlement Agreement, as long as Defendant is not in defaulf with respect to any provision of this Settlement Agreement, Plaintiff will file a Request for Entry| of Dismissal of this action, and will reinstate Defendant’s tenancy. 5 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL© ° 10. Except as expressly stated herein, in the event 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 detainey damages to the date the judgment is entered, costs, and attorneys’ fees in the amounts evidenced by declaration. 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 partd basis upon 72 hours’ notice to Defendant or to Defendant’s attorney of record, if any. nad may give telephonic notice to Defendant by calling Defendant’s phone number (5:0 ) 33S -2] 1% , or Defendant’s attorney of record, if any. If Defendant does not have a current phone number, or an attorney of record, or Plaintiff may serve notice of any such ex parte application to Defendant by posting written notice conspicuously at the Premises. 11. Waiver. a. The parties each hereby waive their right to trial by jury; b. Defendant waives the right to appeal any judgment entered in this action; c. Defendant waives the right to seek more than one stay of eviction; d. Defendant waives all right to relief from forfeiture; e. Defendant waives all rights to set aside or vacate the judgment, and all other relief from judgment; f. Defendant waives the right to any notice of abandoned property and stipulates that any personal property left at the Premises may be immediately disposed of without further notice in the event of judgment entered upon any default by Defendant; and, g. 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 any default by Defendant. 12. Except as otherwise provided for herein in the event of default, Plaintiff and Defendant! agree to bear their own legal costs and attorneys’ fees. 6 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL© ° 13. This Settlement Agreement shall constitute a judicially enforceable settlement as defined by California Code of Civil Procedure section 664.6. Plaintiff and Defendant request that the court shall retain jurisdiction over the parties to enforce the Settlement Agreement until thd Settlement Agreement has been fully performed and any Judgment rendered in this action. The parties expressly agree to extend the court’s jurisdiction beyond the 5-year limit to bring a cas¢ to trial and waive the provisions of Code of Civil Procedure Section 583.310. 14. In the event that any provision of this Settlement Agreement is determined to be invalid, illegal, or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 15. Notwithstanding Section 8 of the Settlement Agreement, Plaintiff and Defendant agred that they will each retain the following claims or agree to resolve existing claims or disputes in the following manner: 16. The parties agree that none of the provisions of this Settlement Agreement may bd waived, amended or modified unless such waiver, amendment, or modification is made in| writing and signed by both parties and their attorneys of record, if any. 17. Defendant represents and covenants that Defendant has read this Settlement Agreement and understands the terms and conditions of it, and the legal effects thereof, including, but no limited to, the consequences of a default by Defendant. The parties represent and covenant tha they have had the opportunity to consult with legal counsel regarding the terms of this Settlement Agreement. 18. This Settlement Agreement may be executed in counterparts and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and taken together shall constitute one and the same agreement, which shall be binding and effective as to all parties. Fax and PDF signatures are deemed originals for all purposes. 7 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALSIGNATURES In agreement with the terms and conditions of this Settlement Agreement for Entry off Judgment or Dismissal, the parties hereby execute this Settlement Agreement. pews 25 VE » eel y | [pou VEFENTANT, Racteve jong i By: ated: 5 \ D: a pyauerw) a 2617 peaamcr En. FERSGELS Yq AuTDeATY - Nichole SANTYAGO 8 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL