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IOUT
‘SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-18-2016 10:42am _
Case Number: CUD-15-654179
Filing Date: Apr-18-2016 10:42
Filed by: JUANITA MURPHY
Image: 05359791
STIPULATION FOR ENTRY OF JUDGMENT
MURPHY INVESTMENTS, INC. VS. EULOGIO GUZMAN ET AL
001005359791
Instructions: :
Please place this sheet on.top of the document to be scanned.”
27
28
Fay
DAVID P. WASSERMAN (CA SBN 171923) i
DANIEL R. STERN (CA SBN 159892) San Francisco County Sp
MARINA R. FRANCO (CA SBN 203665) Uperior Court
WASSERMAN STERN APR 18 t016
Van Ness Avenue
San Francisco, California 94109-1020 oy HERKOF THE CouRT
Telephone: 4133 567-9600 . <
Facsimile: 415) 567-9696 Debut Clerk
Email: dwasserman@wassermanstern.com
Attorneys s for Plaintiff,
MURPHY INVEST fants, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LIMITED CIVIL JURISDICTION
Case No.: CUD-15-654179
MURPHY INVESTMENTS, INC.,
_. SETTLEMENT AGREEMENT WITH
Landlord/Plaintiff, STIPULATION FOR ENTRY OF FUTURE
v. JUDGMENT
EULOGIO GUZMAN, SALVADOR GUZMAN,
and SAMUEL GALLARDO,
Tenants/Defendants.
Recitals
David Gallardo and Samuel Gallardo (“Tenants”) are residential tenants at the real property
commonly known as and located at 540 Capp Street, Apartment 203, in San Francisco, California (the
“Premises”). (The other named defendants, Salvador Guzman and Eulogio Guzman, have had defaults
entered against them.) The Premises is contained within a property that is managed by Murphy
Investments, Inc. (“Landlord”).
Landlord has, at all times, been represented by David P. Wasserman. Tenants are represented by
full-scope attorney Robert C. Smith.
STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179)
1Vv
Landlord is seeking to terminate the tenancy for nonpayment of rent. There is a pending action
captioned as Murphy Investments v. Guzman, et al., SF Superior Court Case No. CUD-15-654179 (the
“Action”).
The Action is based upon a rent increase pursuant to the Costa-Hawkins Rental Housing Act which
raised rent from $1,557.53 per month to $2,750.00 per month effective December 1, 2016. This rent
increase was premised on Landlord’s contention that all occupants who moved in and signed the operative
lease agreement at the inception of the tenancy no longer permanently resided at the Premises, and that all
occupants (e.g., Tenants) were lawful subtenants remaining in possession. (Landlord contends that Samuel
Gallardo does not permanently reside at the Premises but lives in Mexico and only returned to the Premises|
after the rent increase notice was served.)
The parties agreed to the following terms at the April 18, 2016 mandatory pre-trial settlement
conference. The settlement agreement (“Agreement”), sets forth the terms of said settlement, and is
memorialized as follows:
Terms
1. The parties consider each term of this Agreement as material. This Agreement shall be filed
with the superior court.
2. Except as stated herein, each party mutually releases the other from all claims, demands and
causes of action, known or unknown, past or present, arising out of, or which could have arisen out of
Tenants’ tenancy at the Premises. Landlord and Tenants mutually relinquish and renounce all rights each
could assert against the other, and mutually release and forever discharge each of his/her/its respective
successors, predecessors, assigns, representatives, agents, managers, attorneys, executors, administrators,
and other successors in interest of and from any and all claims, demands, damages, costs, expenses or
obligations arising out of, or in any way connected with Tenants’ tenancy at the Premises, the payment of
rent, the recovery of possession, any alleged violation of rent control ordinance provisions or any other
claim or right in any way related to or arising out the tenancy, sub tenancy and occupancy of the Premises.
3. Each party hereto acknowledges that his/her/its own legal counsel has advised him/her/it and
that he/she/it is familiar with the provisions of section 1542 of the California Civil Code, which 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 the debtor.
STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179)
227
28
Except as provided for herein, the parties hereby expressly waive the provisions of Section 1542 of
the California Civil Code and any right they may have to invoke said provisions or any similar or common-
law rule now or in the future. The parties hereto fully understand that they cannot hereafter make further
claims or seek any further recovery of any nature whatsoever based upon, arising out of, or in connection
with, Tenants’ tenancy, and each such party hereby expressly waives all unknown claims caused by, or
alleged to be caused by any act or omission of any party in connection with Tenants’ occupancy of the
Premises. The parties acknowledge that they voluntarily execute this Agreement with full knowledge of its
significance and with the express intent to affecting the legal consequences provided by Section 1542 of
the California Civil Code.
4. Nothing contained herein shall be construed as an admission by any party hereto of any liability
of any kind to any other party or to any other entity.
5. Incase any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
6. This Agreement constitutes the entire agreement and understanding between the parties
concerning the subject matter hereof, and supersedes and replaces all prior negotiations, proposed
agreements, and agreement, written and oral, relating thereto. Each of the undersigned parties
acknowledges that no other party nor any agent or attorney of any other party has made any promise,
representation, or warranty whatever, expressed or implied, not contained herein concerning the subject
matter hereof to induce it to execute this Agreement not contained herein.
7. This 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.
8. Tenants agree to settle this matter on the following terms and conditions:
To vacate by the ed of the chy on aly 3l, 20k. “\bcare"
tmeons to Cleliver possession oF dhe CRemiees Se of alll OCeR PONS ord
pesrel possesion.
STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179)9. Landlord agrees to:
By Teants §32,500.° ot the time e vacates in accacdore
With the terms herein eqmert fo be made hen Tents fimely Uacete.
i. Lerdlord also ages ‘te Ware cert Gom Dec. (201s thresh
Muy 3,206 prude —Teents Camely Lith ‘this Roget
TERMS FOR STIPULATION FOR ENTRY OF FUTURE JUDGMENT IN THE EVENT OF
BREACH OF THE AGREEMENT
1. Should a judgment for restitution be signed by the Court, Tenants expressly waive any right to
an appeal or to seek a stay of execution of judgment or eviction for any reason whatsoever, including
hardship. Tenants also waive any right to move for relief from forfeiture of the rental agreement entered
into by and between Landlord and Tenants.
2. Except as otherwise stated herein, each party is to bear his/its own attorney’s fees and costs
unless a motion is filed to enforce the terms of the Agreement or this stipulation for entry of future
judgment (the “Stipulation”). Should such a motion become necessary, the prevailing party shall recover
his/its fees and costs incurred in bringing an enforcement motion.
3. Nothing contained herein shall be construed as an admission by any party hereto of any liability
of any kind to any other party or to any other entity.
4. The terms of this Stipulation and Agreement shall not be construed against the drafting party.
5. The Agreement and Stipulation 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.
6. Landlord is awarded possession of the Premises immediately if a breach of this Agreement
occurs. “Breach” is defined
STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179)
4as: \ 1 2, . : iC
7. In the event that Tenants fail to perform as agreed to herein, Landlord’s attorney may
appear in the Housing Court, Department 501, of the San Francisco Superior Court, 400 McAllister
Street, San Francisco, CA, on or after a breach has occurred as set forth in Paragraph 6 above, with
an ex parte application and supporting declaration stating that Tenants remain in possession of the
Premises and have breached the Agreement. Notice of this ex parte application shall be given to
Tenants by notifying their attorney of record, 48 hours in advance of the appearance. Department
501 is conferred with jurisdiction to enter judgment for restitution of the Premises pursuant to this
ex parte procedure. Judgment to include any back rent owed plus possession of the Premises as well
as attorney fees incurred in bringing the ex parte application.
ACCEPTED AND AGREED TO:
|
Dated: Y o fit
By: Barthetomew Murphy, Agent for
Landlord and Plaintiff
Dated: M13, 4 Dawd bellard>
David Gallardo
Tenant and Defendant
Dated: Y KE S16 Suaatyl — Caflarda
Samuel Gallardo
Tenant and Defendant
APPROVED AS TO FORM:
David P. Wasserman Robert C. Smith Judge Pro Tem
STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179)
5
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IOUT ‘SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-18-2016 10:42am _ Case Number: CUD-15-654179 Filing Date: Apr-18-2016 10:42 Filed by: JUANITA MURPHY Image: 05359791 STIPULATION FOR ENTRY OF JUDGMENT MURPHY INVESTMENTS, INC. VS. EULOGIO GUZMAN ET AL 001005359791 Instructions: : Please place this sheet on.top of the document to be scanned.” 27 28 Fay DAVID P. WASSERMAN (CA SBN 171923) i DANIEL R. STERN (CA SBN 159892) San Francisco County Sp MARINA R. FRANCO (CA SBN 203665) Uperior Court WASSERMAN STERN APR 18 t016 Van Ness Avenue San Francisco, California 94109-1020 oy HERKOF THE CouRT Telephone: 4133 567-9600 . < Facsimile: 415) 567-9696 Debut Clerk Email: dwasserman@wassermanstern.com Attorneys s for Plaintiff, MURPHY INVEST fants, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO LIMITED CIVIL JURISDICTION Case No.: CUD-15-654179 MURPHY INVESTMENTS, INC., _. SETTLEMENT AGREEMENT WITH Landlord/Plaintiff, STIPULATION FOR ENTRY OF FUTURE v. JUDGMENT EULOGIO GUZMAN, SALVADOR GUZMAN, and SAMUEL GALLARDO, Tenants/Defendants. Recitals David Gallardo and Samuel Gallardo (“Tenants”) are residential tenants at the real property commonly known as and located at 540 Capp Street, Apartment 203, in San Francisco, California (the “Premises”). (The other named defendants, Salvador Guzman and Eulogio Guzman, have had defaults entered against them.) The Premises is contained within a property that is managed by Murphy Investments, Inc. (“Landlord”). Landlord has, at all times, been represented by David P. Wasserman. Tenants are represented by full-scope attorney Robert C. Smith. STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179) 1Vv Landlord is seeking to terminate the tenancy for nonpayment of rent. There is a pending action captioned as Murphy Investments v. Guzman, et al., SF Superior Court Case No. CUD-15-654179 (the “Action”). The Action is based upon a rent increase pursuant to the Costa-Hawkins Rental Housing Act which raised rent from $1,557.53 per month to $2,750.00 per month effective December 1, 2016. This rent increase was premised on Landlord’s contention that all occupants who moved in and signed the operative lease agreement at the inception of the tenancy no longer permanently resided at the Premises, and that all occupants (e.g., Tenants) were lawful subtenants remaining in possession. (Landlord contends that Samuel Gallardo does not permanently reside at the Premises but lives in Mexico and only returned to the Premises| after the rent increase notice was served.) The parties agreed to the following terms at the April 18, 2016 mandatory pre-trial settlement conference. The settlement agreement (“Agreement”), sets forth the terms of said settlement, and is memorialized as follows: Terms 1. The parties consider each term of this Agreement as material. This Agreement shall be filed with the superior court. 2. Except as stated herein, each party mutually releases the other from all claims, demands and causes of action, known or unknown, past or present, arising out of, or which could have arisen out of Tenants’ tenancy at the Premises. Landlord and Tenants mutually relinquish and renounce all rights each could assert against the other, and mutually release and forever discharge each of his/her/its respective successors, predecessors, assigns, representatives, agents, managers, attorneys, executors, administrators, and other successors in interest of and from any and all claims, demands, damages, costs, expenses or obligations arising out of, or in any way connected with Tenants’ tenancy at the Premises, the payment of rent, the recovery of possession, any alleged violation of rent control ordinance provisions or any other claim or right in any way related to or arising out the tenancy, sub tenancy and occupancy of the Premises. 3. Each party hereto acknowledges that his/her/its own legal counsel has advised him/her/it and that he/she/it is familiar with the provisions of section 1542 of the California Civil Code, which 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 the debtor. STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179) 227 28 Except as provided for herein, the parties hereby expressly waive the provisions of Section 1542 of the California Civil Code and any right they may have to invoke said provisions or any similar or common- law rule now or in the future. The parties hereto fully understand that they cannot hereafter make further claims or seek any further recovery of any nature whatsoever based upon, arising out of, or in connection with, Tenants’ tenancy, and each such party hereby expressly waives all unknown claims caused by, or alleged to be caused by any act or omission of any party in connection with Tenants’ occupancy of the Premises. The parties acknowledge that they voluntarily execute this Agreement with full knowledge of its significance and with the express intent to affecting the legal consequences provided by Section 1542 of the California Civil Code. 4. Nothing contained herein shall be construed as an admission by any party hereto of any liability of any kind to any other party or to any other entity. 5. Incase any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 6. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes and replaces all prior negotiations, proposed agreements, and agreement, written and oral, relating thereto. Each of the undersigned parties acknowledges that no other party nor any agent or attorney of any other party has made any promise, representation, or warranty whatever, expressed or implied, not contained herein concerning the subject matter hereof to induce it to execute this Agreement not contained herein. 7. This 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. 8. Tenants agree to settle this matter on the following terms and conditions: To vacate by the ed of the chy on aly 3l, 20k. “\bcare" tmeons to Cleliver possession oF dhe CRemiees Se of alll OCeR PONS ord pesrel possesion. STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179)9. Landlord agrees to: By Teants §32,500.° ot the time e vacates in accacdore With the terms herein eqmert fo be made hen Tents fimely Uacete. i. Lerdlord also ages ‘te Ware cert Gom Dec. (201s thresh Muy 3,206 prude —Teents Camely Lith ‘this Roget TERMS FOR STIPULATION FOR ENTRY OF FUTURE JUDGMENT IN THE EVENT OF BREACH OF THE AGREEMENT 1. Should a judgment for restitution be signed by the Court, Tenants expressly waive any right to an appeal or to seek a stay of execution of judgment or eviction for any reason whatsoever, including hardship. Tenants also waive any right to move for relief from forfeiture of the rental agreement entered into by and between Landlord and Tenants. 2. Except as otherwise stated herein, each party is to bear his/its own attorney’s fees and costs unless a motion is filed to enforce the terms of the Agreement or this stipulation for entry of future judgment (the “Stipulation”). Should such a motion become necessary, the prevailing party shall recover his/its fees and costs incurred in bringing an enforcement motion. 3. Nothing contained herein shall be construed as an admission by any party hereto of any liability of any kind to any other party or to any other entity. 4. The terms of this Stipulation and Agreement shall not be construed against the drafting party. 5. The Agreement and Stipulation 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. 6. Landlord is awarded possession of the Premises immediately if a breach of this Agreement occurs. “Breach” is defined STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179) 4as: \ 1 2, . : iC 7. In the event that Tenants fail to perform as agreed to herein, Landlord’s attorney may appear in the Housing Court, Department 501, of the San Francisco Superior Court, 400 McAllister Street, San Francisco, CA, on or after a breach has occurred as set forth in Paragraph 6 above, with an ex parte application and supporting declaration stating that Tenants remain in possession of the Premises and have breached the Agreement. Notice of this ex parte application shall be given to Tenants by notifying their attorney of record, 48 hours in advance of the appearance. Department 501 is conferred with jurisdiction to enter judgment for restitution of the Premises pursuant to this ex parte procedure. Judgment to include any back rent owed plus possession of the Premises as well as attorney fees incurred in bringing the ex parte application. ACCEPTED AND AGREED TO: | Dated: Y o fit By: Barthetomew Murphy, Agent for Landlord and Plaintiff Dated: M13, 4 Dawd bellard> David Gallardo Tenant and Defendant Dated: Y KE S16 Suaatyl — Caflarda Samuel Gallardo Tenant and Defendant APPROVED AS TO FORM: David P. Wasserman Robert C. Smith Judge Pro Tem STIPULATION FOR ENTRY OF FUTURE JUDGMENT AND SETTLEMENT AGREEMENT (CUD-15-654179) 5