Motion,Ex Parte: SAN FRANCISCO HOUSING AUTHORITY VS. JOAQUIN SHAW ET AL

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SANT, (itd
Zoe Brown SBN 282961 SUPER A
BAYVIEW/HUNTERS POINT COMMUNITY LEGAL
4622 Third Street

San Francisco, CA 94124
zoe@bhpcommunitylegal.org

(415) 854-6448

Attorney for Defendant Joaquin Shaw

SUPERIOR COURT -- LIMITED JURISDICTION
OF THE STATE OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

SAN FRANCISCO HOUSING
AUTHORITY,

Case No. CUD-15-653470

DEFENDANTS’ OPPOSITION TO
Plaintiff. PLAINTIFF'S EX PARTE

> APPLICATION FOR ENTRY OF
JUDGMENT

pate: 3/26 (ie

TIME: j1:9¢ AM
Defendants. DEPT.: Sol

vs.

JOAQUIN SHAW, et al.,

I. INTRODUCTION

Defendant Joaquin Shaw, of and through his attorney Zoe Brown, presents this
motion in opposition to Plaintiff's motion to enforce stipulation for judgment. This motion|
is based upon the declaration of the Defendant, attached exhibits, the complete files and
records in this action, and upon such oral and documentary evidence as may be allowed at

hearing.

Tl. STATEMENT OF FACTS
Petitioner’s motion is based upon an action for unlawful detainer and the

Stipulation for Judgment entered in to by Plaintiff and Defendant on April 12, 2016.

OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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(Settlement Agreement and Stipulation for entry of Judgment or Dismissal, Exhibit A).

The Defendant is mentally and physically disabled, and takes regular medications
for his disabilities. (Declaration of Joaquin Shaw, Exhibit B) In the past Plaintiff has not
disputed that Defendant has a disability, and has been willing to reasonably accommodate
his disability. (/d.)

Plaintiff's unlawful detainer action against Defendant was for alleged criminal acts
committed by Defendant’s third-party nephew. (/d.) Plaintiff claimed that Defendant’s
third-party nephew was a member of his household in 2015, although Defendant had
kicked his nephew out of his home in 2013 and tried repeatedly to get Plaintiff to change
his lease to reflect this. (/d.) Defendant and Plaintiff agreed to resolve the unlawful
detainer action via a Settlement Agreement. (/d.)

As part of the Settlement Agreement, Defendant was moved from one property in
the Bayview owned by Plaintiff, to a property in downtown San Francisco owned by the
Plaintiff. (/d.) Plaintiff desired to move the Defendant far away from family-members
who were bad influencers on him and who took advantage of him, including Defendant’s
adult nephew. (/d.)

Petitioner alleges Defendant violated paragraph 8(a) of the Agreement, which reads
in pertinent part as follows:

“8. During the term of this Settlement Agreement, Defendant shall comply with all
obligations under the rental agreement, the house rules, and grievance procedures...
Defendant additionally agrees as follows:

a. Defendant, guests of Defendant and other 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.” (Exhibit A).

Petitioner relatedly alleges that Defendant also violated his rental agreement by
creating a condition that “results in the risk of health or safety of any person...” and by
possessing a firearm “in or around the Residence, the development, or SFHA property,”

and that he violated Plaintiffs house rules as well by having a firearm “in or around

OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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Plaintiff's property.”

On the July 13, 2016 incident date that Petitioner cites as cause for it to enter
judgment against Defendant for engaging in “criminal activity,” Defendant was initially
cited by the police for driving on a suspended driver’s license. (Police Report, Exhibit C).
Driving on a suspended driver’s license is a violation of the California Vehicle Code.
(/d.). The police stopped the Defendant because he was double-parked. (/d.) The police
then proceeded to inspect Defendant’s person because Defendant looked “nervous,” (Id.)
In searching the Defendant, the police learned he had a firearm in his possession. (Jd.)
The firearm was brought to the police’s attention by the voluntary admission of the
Defendant himself, that he had a firearm on his person. (/d.) Defendant then proceeded to
describe for the police, while his hands remained above his head, exactly where the firearm]
was on his person. (/d.) The Defendant then stated to the police “there’s good reason for
[the gun]}” and later told the police he purchased the gun two days ago “for protection.”
(Id.) As the Defendant elaborates on in his declaration, he purchased the gun after a
different tenant at Plaintiff's property threatened him with a gun. (Exhibit B) In that
instance a couple days earlier, when Defendant was the one threatened with a gun by a
different tenant of Plaintiffs, Defendant did not respond to that threat of physical harm
with a threat of, and/or physical harm himself. (/d.) Instead, Defendant removed himself.
from the situation immediately, ignoring the jeering by the other tenant’s family and

friends that he was “a coward.” (Id.)

1. ARGUMENT

Petitioner’s motion to enforce the stipulation for judgment should be denied
because Defendant was not engaging in serious “criminal activity” (citing Paragraph 8 of
the Settlement Agreement); because Defendant is not a threat or “risk to health or safety”
to persons on and off Petitioner’s property (citing Defendant’s rental agreement); because
as a disabled person it will be extremely detrimental to him to be homeless; and because an|

unlawful detainer judgment would seriously harm the indigent Defendant's ability to find

OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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housing in the future. In addition, the attorney’s fees and costs of an unlawful detainer
judgment against the Defendant would be extremely onerous and debilitating for him. As
such, this court should deny this motion.

a. DEFENDANT IS NOT IN SERIOUS BREACH

i. Paragraph 8(a) of Settlement Agreement and Section 14 of Rental

Agreement

The clearest evidence that Defendant might have committed a “criminal activity” in
support of a violation of Paragraph 8(a) of the agreement, or created a “risk of health and
safety” in violation of Section 14 of Defendant’s rental agreement, would be in the police
report from July 13, 2016. (Exhibit C). However, as the police report narrative states, the
police officers “observed (b)Joaquin Shaw standing outside of the vehicle.” (Id; see also
Plaintiff's Declaration of Officer Mora) Then, “I observed Joaquin Shaw look in our
vehicle’s direction and then sit down in the driver seat.” (Exhibit C; see also Plaintiff's
Decl. of Officer Mora) In addition, when the police officer approached the Defendant, he
reported that “I could hear the (T)vehicle’s engine running and saw the vehicle was turned
on.” (Exhibit C; see also Plaintiff's Decl. of Officer Mora) The Defendant saw the police
thus, and did not run away down the street or speed off in his car. He instead calmly got in
to the driver’s seat of his car, after glancing at the police car, and waited for the police to
approach him. These are not the actions of a volatile, dangerous, “risky” criminal
engaging in serious criminal activity.

In addition, as the police narrative and Plaintiff's Declaration of Officer Mora
describe, the police officers approached the Defendant for appearing to be engaged in the
“criminal” and “risky” activity of double parking, and then initially cited him for the
“criminal activity” of violating the California Vehicle Code. (Exhibit C; see also
Plaintiff's Decl. of Officer Mora)

Then, even though the police ended up arresting the Defendant for possession of a
firearm once they discovered the gun while searching his person in a possibly questionable

search, the Defendant never pulled the gun on the police officers, nor did the police

OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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initially come upon him because he was brandishing a gun in a dangerous manner.
Defendant was, in other words, not arrested for using a gun in an unlawful or risky
way, for threatening someone with the gun or shooting someone with the gun, but merely
for having a gun on his person—a gun which he purchased only for protection after being
threatened by another tenant at Plaintiff's property. As the Defendant himself states, he
did not have an intention of going back to the tenant who threatened him with a firearm
two days earlier; he just decided after that incident in which he was threatened bodily
harm, that he would feel safer if he had protection. (Exhibit B) Officer Mora and Officer
Haro, moreover, both admit in their Declarations in support of Plaintiff's Motion that the
area where Defendant was arrested for carrying a gun is “an area known for... quality of
life issues and violence.” (See Plaintiff's Decls. of Officers Mora, Haro) Defendant
therefore was not without cause to think that self-protection from violence was an issue.
Defendant also poses no threat of health or safety to others, merely by having a gun on his
person for protection. Many people purchase firearms for personal protection, and they
should not be lumped together with others who purchase firearms for sinister reasons.

ii. Defendant’s rental agreement and house rules

Plaintiff also argues in its motion in support of an entry of judgment against
Defendant that Defendant violated his new property’s house rules, by possessing a firearm
“on or around” Plaintiff's property. Defendant’s rental agreement and house rules apply to
his new rental unit at 320 Clementina Street however. Defendant was not “on or around”
Plaintiff's 320 Clementina Street property when he was arrested with a firearm on his
body. Defendant was arrested for possessing a firearm in the Bayview neighborhood, far
from Plaintiffs downtown Clementina property. It is absurd therefore to allege that
Defendant violated his Clementina property rules, for an act that occurred on the other side
of the city of San Francisco.

b. DEFENDANT IS NOT A THREAT OR RISK

Paragraph 8(a) of the agreement, which prohibited Defendant from engaging in any

criminal activity on or off the premises, was essentially a prohibition on causing nuisance

OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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clause. Nuisance is the term landlords regularly use to describe tenant behavior which
“threatens the safety of other tenants and their comfort in and enjoyment of the property.”
(See, e.g., Swords to Plowshares v. Smith, 294 F.Supp.2d 1067 (2002) (describing a case in
which the landlord desired to evict the tenant for nuisance after tenant threatened another
tenant with a knife)), Defendant's rental agreement also explicitly uses the “threat”
language of “risk [to] health and safety of others.” And yet, Defendant’s arrest does not
show that he threatened, or is a risk to, the safety of others. In this case, the Defendant had
not engaged in any behavior which threatened the safety of other tenants. Rather, the
Defendant was a victim of a threat of physical harm by a different tenant at Plaintiff's
property, and responded by attempting to protect himself from future potentially
threatening situations. In addition, throughout Defendant’s arrest for driving on a
suspended license, the Defendant acted in a calm, compliant, non-risky, and forthcoming
manner. The Petitioner can point to no cognizable action on the Defendant’s part, from the
July 13, 2016 arrest, in which he appeared dangerous, risky, or threatening.

Additionally, Defendant’s gun has already been removed from his possession, and
he promises not to procure another one. He therefore poses no current or future threat nor
risk of harm.

c. DEFENDANT WOULD BE EXTREMELY HARMED BY BEING
EVICTED

A trial court, when ruling on a motion to enter judgment pursuant to the terms of a
California Code of Civil Procedure section 664.6 stipulated settlement, acts as the trier of
fact. The statute provides express authorization for trial courts to determine whether a
settlement has occurred, and there is thus an implicit authorization for the trial court to
interpret the terms and conditions to the settlement, including if the settlement terms and
conditions were violated. In other words, the court has authority and discretion to
determine if Defendant materially violated the settlement or by reference the rental

agreement and house rules, and if said violation to Plaintiff by the breach is material and

OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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severe enough to outweigh the extreme harm to the Defendant of granting a motion for an
entry of judgment that would result in Defendant’s eviction from his home.

In the present action, Defendant’s breach was minor—he was not engaging in
serious, dangerous, or risky criminal activity when he was arrested, but merely had a gun
on his person for protection, after being physical threatened two days before by another of
Plaintiff's tenants. Meanwhile, if the entry of judgment is made against the Defendant for
this minor breach, then a mentally and physically disabled man who is already struggling
to get by in life, and who may be susceptible to the influence of and abuse by others due to
his disabilities, will be on the streets. If homeless, the Defendant is highly likely to spiral
downwards, and to become caught up in the crimes that occur on the streets. Defendant
will also not be able to take his regular medications if he does not have stable housing, and
so evicting him will also be extremely harmful to his health.

In addition, if evicted, the Defendant is highly likely to move in with his family,
many of whom live in the Plaintiff's Bayview Housing Development, “Alice Griffith,”
where the July 13, 2016 incident occurred and where he was originally moved from as part
of the Settlement Agreement. As a result, forcefully evicting the Defendant from his new
home will result in him going back to the original property that Plaintiff endeavored to
keep him away from. Per Plaintiff's logic then, in evicting the Defendant for engaging in
dangerous, risky criminal activity at the Bayview property, Plaintiff will be the catalyst for
causing the Defendant to move back to the Bayview property to potentially commit more
‘dangerous and risky criminal activity’—the very result Plaintiff claims to be endeavoring
to prevent.

Instead, the Defendant should be given another chance. The Defendant has agreed
to attend regular therapy, so he can talk to someone before making questionable choices
like the one he did on/around July 13, 2016, in procuring a gun because he thought it was
his only way to defend himself.

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OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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d. DEFENDANT WOULD BE EXTREMELY HARMED BY AN ENTRY
OF JUDGMENT AGAINST HIM

In addition to the extreme harm to the Defendant of being evicted from his home,
an entry of judgment would separately be extremely harmful to the Defendant for two
reasons. First, the entry of judgment existing in the public record would adversely impact
his credit and cause him to have great difficulty finding future housing. Second, the
placing of Plaintiff's attorney’s fees and costs on the indigent, fixed income Defendant
would be unduly burdensome for him, making it so that he would be additionally beaten

down in this respect, and unable to get on his feet again.

IV. CONCLUSION

For the foregoing reasons, Defendant has not seriously breached the stipulation,
and has not breached his rental agreement and house rules, and furthermore it would be
extremely harmful to him to “punish” him by kicking him to the streets and/or to the very
property Plaintiff is striving to keep him away from. Moreover, it would be extremely
harmful to slap an eviction record, and attorney’s fees and costs, on the indigent
Defendant, making it even more challenging for him to find future housing.

In the alternative, if this court grants Plaintiffs motion for an entry of judgment,
Defendant requests that at a minimum this court not order that Defendant pay Plaintiff's

attorney’s fees and costs.

Respectfully submitted,

Bayview Hunters Point Community Legal

Dated: 8) B/ lL By: — 2D
Zoe Brown, Esq.

Attorney for Defendant Joaquin Shaw

OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
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EXHIBIT A>.

POR

Nichole Santiago SBN 291632 Superior Court of Cat
San FRANC! CO HOUSING AUTHORITY APR 1 7016
ert Avenue
San Francisco, CA 94124 19
Telephone: (415) 715-3274 CLERK OF THE COURT
santiagon@stha.org py: __ CAROLYN BALISTRERI!
Attomey for Plaintiff Deputy Clerk
San Francisco Housing Authority
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
SAN FRANCISCO HOUSING *) Case No.: CUD-15-653470
AUTHORITY, )
) SETTLEMENT AGREEMENT AND
Plaintiff, ) STIPULATION FOR ENTRY OF
) JUDGMENT OR DISMISSAL
v. )
)
JOAQUIN SHAW, ctal., }
Defendants. } fue BY Fay

Plaintiff SAN FRANCISCO HOUSING AUTHORITY (“Plaintiff”), and Defendan
JOAQUIN SHAW (“Defendant”) enter into the following Settlement Agreement and Stipulation
for Entry of Judgment or Dismissal (“Settlement Agreement”) in the above-entitled action va
reference to the rcal property located at 116 Cameron Way, San Francisco, California, 9412:

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 one year trom the date o|
execution. In the event Defendant's tenancy converts through the Rental Assistance}
Demonstration (RAD), then the term of the Settlement Agreement will be through the closing
date of the conversion, whichever is earlier. [f Defendant's tenancy converts through RAD prion
to July 15, 2016, then paragraph 6 of this agreement shall remain in effect. Time is of the essence

in performance of all obligations hereunder,

. 1
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALD6

2. Defendant shall vacate the Premises no later than May 15, 2016.

3. Immediately after Defendant vacates the Premises, PlaintifT shall permit Defendant to
possess the unit owned and managed by Plaintiff located at 330 Clementina Street, Unit 402, San]
Francisco, CA 94103 (“330 Clementina”) so long as Defendant complies with all obligations
under this Settlement Agreement.

4. Plaintiff stipulates Defendant shall request the Court to set aside the entry of default and
vacate the default judgment on an ex parte application. Plaintiff waives notice on the application
and will join in a stipulation in support of the application.

5. Upon Defendant signing a new Lease, the partics agree to not include Lavonte Shaw as al
household member. The parties acknowledge that the Court entered a default against Lavontel
Shaw in this matter. Plaintiff acknowledges Joaquin Shaw is currently does not intend fo:
Lavonte Shaw to be a houschold member at 330 Clementina Strect. Plaintiff agrees to remove
Lavonte Shaw from the lease, as permitted by law, without requiring any additional actions fromm]
Defendant.

6. Payment Terms

a. Defendant agrees to pay Plaintiff the sum of $1,771.00 which represents the total
Balance of unlawful detainer damages due under this Settlement Agrcement through April 30.
2016, Detendant agrees to pay the Balance according to the following schedule until the Balance
is paid in full.
e Defendant to pay four installments in the amount of $442.75 per month. The firs!
payment is due upon execution of this Settlement Agreement.
e The second installment is due no later than May [5, 2016.
© The third installment is due no later than June 15, 2016.
e = The fourth and last installment is due July 15, 2016.
Detendant 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 by the [5th day of each month]

during the term of this Settlement Agreement, as long as the balance is not paid in full.

SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALCH Ju

b. In addition to the damages required by paragraph 6, beginning and continuing
through the Termination Date, Defendant will pay Plaintiff, no later than the tenth of cach
month, rent in the amount of $253.00, this is equivalent to 30% of Defendant's adjusted month.
income. Defendant understands that the amount of $253.00 per month may be increased oy
decreased pursuant to Defendant's annual or interim recertification and program eligibility.

Detendant stipulates that a default in these payments 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. 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 similad
cases, decisions or laws and specitically waives the right to object to entry of judgment based onl
these cases, decisions and Jaws. This waiver of rights by Defendant is a material part of the]
consideration for Plaintiff agreeing to enter into this Settlement Agreement.

c. 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 delivered to: San Francisco Housing
Authority, Attention: Nichole Santiago, 1815 Egbert Avenue, 3™ Floor, San Francisco, CA\
94124. Plaintiff will provide a receipt for payment upon request. Any payment tendered by|
Defendant via mail must be deposited in the mail sufficiently in advance of the Due Date of the
given month in which it is due to ensure the payment is received by Plaintiff's counsel on of
before the Due Date as sct forth in this Settlement Agreement. Defendant bears the risk for a]
default under this Settlement Agreement resulting from any lost or delayed payment. Defendant
shall send payments required by paragraph 6b directly to the property management office.

d. Defendant understands and agrees that the payments required by paragraph 6a
this Settlement Agreement do not constitute rent, but are instead damages pursuant to settlemend
and do not act to create a new tenancy or reinstate Defendant's tenancy until and unlesg

Defendant has completed all obligations required by this Settlement Agreement.

SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALo

ec. Any payment from Detendant will tirst be applied to amounts due under Section
6a 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 6b.

Defendant understands and agrecs thal the acceptance of payments due under this
Settlement Agreement shall not be deemed to be a waiver of any preceding or later-occurring
default.

7. Defendant represents and covenants that there are no other adult occupants residing ai
330 Clementina Street, and any other persons at 330 Clementina are merely visitors, guests, of
invitees. Defendant will not sublet or assign any interest in 330 Clementina and will not allo
any other person to reside at 330 Clementina without prior authorization as outlined in Plaintiffs
Admissions and Continued Policy (ACOP) in effect at the time of the request.

8. During the term of this Settlement Agreement, Detendant shall comply with al
obligations under the rental agreement, the house rules, and grievance procedures except ag
otherwise set forth herein. Inclusion or reference to the rental agreement and House Rules shall
not act lo create or reinstate Defendant's tenancy at the Premises while this Settlement
Agreement in effect. 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!
additionally agrees as follows:

a. Defendant, guests of Defendant and other persons under the control of Defendan
in and near the Housing Development will not engage in any criminal activily on or off thd
Housing Development. Defendant, guests of Defendant and other persons under the control o
Detendant in and around the Housing Development will not engage in any drug-related criminal
activity on or off the Housing Development. Defendant, guests of Defendant 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 possess any device used for
smoking or injecting a controlled substance, on or off the Housing Development:

b. As part of the reasonable accommodation Plaintiff made to Defendant in thig

unlawful detaincr action, Plaintiff agrees not to hold Defendant in breach of provision 8a for any

d
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUOGMENT OR DISMISOy d my

mn

actions by Lavonte Shaw, unless Defendant voluntarily permits Lavonte Shaw to enter thd
Premises and/or 330 Clementina.

9. While Defendant is in possession of 330 Clementina, Defendant will comply with all
annual or interim recertification procedures upon Plaintiff's written request. Neither a reques'
for, nor the participation in, the recertification process, will be deemed a waiver, change, on
cancellation of this Settlement Agreement.

10. The parties expressly stipulate that if Defendant transfers to another rental unit owned off
managed by Plaintifl, or to any HOPE VI, HOPE SF, or RAD developments in San Francisco.
the signing of a lease for that rental unit and otherwise undergoing the transfer process will no
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 Scttlement Agreemen
through the Termination Date. Notwithstanding a transfer to another unit, or the signing of a
lease for another rental unit, all amounts to be paid under Section 6a of this Settlemend
Agreement will continue to be paid by Defendant, pursuant to the payment schedule set forth in]
Section 6a, The payment amount set forth in Section 6b will be adjusted accordingly to reflec
the fair market monthly rental rate for the rental unit to which Defendant is being transferred
into.

The parties stipulate that Plaintiff may seek an order to amend the complaint on an ex]
parte basis alone, or after a default by Defendant combined with an ex parte application for
judgment to retlect the address of the location in which he resides.

11, Defendant hereby releases Plaintiff, it’s principles, attorneys, employees, representatives.
and agents from any and all present and tuture 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 of
however arising oul 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

which provides in pertinent part:

~A general release does not extend to claims which the

SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISS-Ct 2D

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 alfected his or her
settlement with the debtor.” :

Defendant expressly waives the provisions of Civil Code section 1542 and any rights Defendan|
‘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 the
extinguishment of all existing obligations.

12. At the termination of this Settlement Agreement, as long as Defendant is not in defaul
with respect to any provision of this Settlement Agrcement, Plaintiff will tile a Request for Entry;
of Dismissal of this action and the tenancy will be reinstated. Upon termination of this
Settlement Agreement, tenant shall possess 330 Clementina with those rights and obligations}
provided under the RAD Relocation and Transition Plan, approved June 25, 2015.

13. Plaintiff will not oppose Defendant's cx parte application to mask the régistry of action,
Defendant shall give Plaintiff's counsel 24-hour notice of such application.

14. Except as expressly stated herein, in the event Defendant is in default with respect to any,
provision of this Settlement Agrecment, Plaintiff is entitled to entry of judgment for possession|
of the Premises, for forfeiture of the rental agreement, past due rent and unlawful detaine
damages to the date the judgment is entered, costs, and attomey’s fees in the amounts evidenced|
by declaration. Defendant shall receive credit for any payments made to Plaintilf under the terms|
of this Settlement Agreement.

Plaintiff may move for entry of this stipulated judgment by declaration on an ex parte
basis upon 72 hours” notice to Defendant's attorney of record. Plainti(f shall give telephonic
notice and notice via electronic mail to Defendant’s attomey of record and shall send
Defendant's attorney of record the application including the complete content of all supporting}
documents via electronic mail or hand-delivery at least 25 hours’ prior to the hearing. Iff
Defendant does not have a current attomey of record, then Plaintitf may scrve notice of any such|
ex parte application to Defendant upon 72 hours’ notice by posting written notice conspicuously

at the location in which he resides and by telephone at (415) 424-7648,

SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL.te

oN

15. Waiver.
a. The partics 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 forteiture;

g

Defendant waives all rights to set aside or vacate the judgrient, and all other
relicf from judgment if entered as result of a breach of this Settlemen
Agreement:

f. Defendant waives the right to any notice of abandoned property and stipulates
that any personal property lefl at the Premises may be immediately disposed
of without further notice in the event of judgment entered upon any default b:
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.

“ 16. Except as otherwise provided for herein in the event of default, Plaintiff and Defendan
agree to bear their own legal costs and attorneys’ fees.

17. This Settlement Agreement shall constitute a judicially enforceable settlement as defined}
by Califomia 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 the
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 case
to trial and waive the provisions of Code of Civil Procedure Section 583.310.

18. 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.

19. This Settlement Agreement may be executed in counterparts and when each party has

signed and delivered at least one such counterpart, it shall be deemed an original and taken]C >

together shall constitute one and the same agreement which shall be binding and effective as tol
all partics. Fax and PDF signatures are deemed originals for all purposes.

20. The parties agree that none of the provisions of this Settlement Agreement may be
waived, amended or moditied unless such waiver, amendment, or modification is. made in|
writing and signed by both partics and their attorneys of record, if any.

21. Detendant represents and covenants that Defendant has read this Settlement Agreemen:
and understands the terms and conditions of it, and the legal effects thereof, including, but not
limited to, the consequences of a default by Defendant. The parties represent and covenant thai
they have had the opportunity to consult with legal counsel regarding the terms of this Settlemen

Agreement.

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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALe™

SIGNATURES
In agreement with the terms and conditions of this Settlement Agreement for Entry o:

Judgment or Dismissal, the parties hereby execute this Settlement Agreement.

Dated: P/) V6

Dated:

APPROVED AS TO FORM:

Dated: fle [ee

Dated:

By: ~
San Fréficisco Housing Authority,

By: Zaher fnok

By:

"Joaquin Shaw, Defendant

, Nichole Sdntiago, Attorney for Plaintiff

By:
Hilary Hammell, Attorney for
Defendant

0
SETTLEMENT AGREEMENT AND srputatfon FOR ENTRY OF JUDGMENT OR DISMISSALJudgment or Dismissal, the parties hereby execute this Settlement Agreement.

Dated:

Dated:

SIGNATURES

In agreement with the terms and conditions of this Settlement Agreement for Entry olf

Alp |\G

APPROVED AS TO FORM:

Dated:

SELTUD MENT \ORFEMES AND STEELE UTLON TOR ENTRY OE TT DOMEN TOR DISMISS VL

By:

San Francisco Housing Authority,

Plaintitf

By:

By:
By: Lan en os Ye )
Aeaqui haw, Defendant

» DAL

Nichole Santiago, Atormey for Plaintiff

Hilaly Hammell, Attorney tor

DefendantEXHIBIT BSCO mY DH FB BN |

NN NY NY NY NR NN NY | H&S Be Be eH ew we ee
SIA HF YW NH = SO wMRAA A RD NH =

C 2

Zoe Brown SBN 282961

BAYVIEW/HUNTERS POINT COMMUNITY LEGAL
4622 Third Street

San Francisco, CA 94124

zoe@bhpcommunitylegal.org

(415) 854-6448

Attorney for Defendant Joaquin Shaw

SUPERIOR COURT -- LIMITED JURISDICTION
OF THE STATE OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

SAN FRANCISCO HOUSING Case No. CUD-15-653470
AUTHORITY,
DECLARATION OF JOAQUIN SHAW
Plaintiff IN OPPOSITION TO PLAINTIFFS
; MOTION TO ENFORCE

STIPULATION FOR JUDGMENT

DATE: 8/26 /ie
TIME: \W-29 AM
Defendants. DEPT., Sol

vs.

JOAQUIN SHAW, et al.,

I, JOAQUIN SHAW, declare as follows:
1. My name is Joaquin Shaw and I am the Defendant and tenant in this action. All facts
stated in this declaration are within my personal knowledge. If called to testify to those
facts, I could and would do so competently.
2. This declaration is in opposition to Plaintiff's motion for entry of judgment.
3. Iam mentally and physically disabled. My disabilities include chronic kidney disease,
diabetes, hypertension, and gout.
4. In the past, Plaintiff has acknowledged that I have a disability, and reasonably
accommodated me.

5. I take regular medications for my health issues.uN

oO mI DH eB wD

6. Iam indigent. I receive a fixed income of $889 in SSI every month. This is my sole
income.

7. Lused to reside at Plaintiffs property at 116 Cameron Way, San Francisco, CA 94124,
(“Alice Griffith”), from October 2013 until April 2016.

8. I have resided at Plaintiff's property at 320 Clementina Street, San Francisco, CA
94103 since April 2016.

9. My adult nephew, Lavonte Shaw, used to reside in my home at Alice Griffith with me.
10. I kicked my adult nephew out of my old home at Alice Griffith over three years ago.
For over two years, I then tried to get my nephew’s name off of my lease, to reflect that he
no longer resided in my home. The Housing Authority told me that my adult nephew
would have to come in himself to sign a document removing him from the lease. My
nephew refused to do this.

11. The San Francisco Housing Authority filed an unlawful detainer action on September
15, 2015, for alleged criminal acts committed by my third-party nephew, Lavonte Shaw.
12. On April 12, 2016, I entered in to a Stipulation for Judgment settling that unlawful
detainer action with Plaintiff San Francisco Housing Authority.

13. As part of that Stipulation, Plaintiff agreed to let me remain in Housing Authority
housing, as long as I moved away from other third-party family members which Plaintiff
believed were criminal actors and might have a negative influence on me, and/or take
advantage of me, as a disabled person.

14. On July 11, 2016, I was visiting family at Plaintiff's Alice Griffith property when a
tenant at that property threatened me with a gun. I was not armed myself with any kind of
weapon.

15. In response to the threat of serious physical harm I experienced on July 11, 2016, at
Plaintiff's property, by Plaintiff's tenant, I removed myself from the situation immediately.
I did not engage with the person who threatened me further.

16. I am aware that Plaintiff has surveillance cameras at Alice Griffith.

17. After the woman threatened me with the gun, the police arrived on the scene.SCO mem NIN DH BF ww |

C 2

18. I waited two days to see if the police would review the surveillance videos and take
any action to respond to Plaintiffs Alice Griffith tenant’s threat of bodily harm to me.

19. After two days, when I had not heard anything from the police, and fearing for my
safety, I purchased a gun for my protection.

20. I had and have no intention of going after the woman who threatened me with the gun,
I simply wanted a gun to protect me in general, because many people in the Bayview have
firearms and I feared for my safety after the July 11, 2016 incident.

21. I saw the woman who threatened me with the gun on August 24, 2016. She gave me
the middle finger, but I ignored her and walked away. Thankfully, she did not threaten me
with a gun again.

22. I am still concerned about my safety in the Bayview, however, since I do not know

what I can do to protect myself if another person pulls a gun on me.

I declare under penalty of perjury under the laws of the State of California that the

forgoing is true and correct.

~
Dated: % /2 bL Ab By: Laon a Prov. Z
7” JOAQUIN SHAW

DefendantEXHIBIT CCan Francisco Police Departmer. 5

Report Type: Initial INCIDENT REPORT 160565663
T | incident Number Occurrence From Date/ Time [Occurrence To Date/ Time |Reported Date/ Time | CAD Number —
1 | 160-865-663 07/13/2016 11:50 | 07/13/2016 11:54] 07/13/2016 11:54 | 161951488 oO
| Type of incident oS
FIREARM, POSSESSION BY PROHIBITED PERSON 12080 WEAPON, CARRYING CONCEALED WITH FELONY OR NARCOTICS ou
I | CoNvicTION 12010 FIREARM, POSSESSION OF LOADED 12100 Oo
D J Location of Occurrence: At Intersection with/Premise Type District a
B | DOUBLEROCK ST CAMERON WAY / PUBLIC HOUSING BAYVIEW o
N Confidential | Arrest Suspect Suspect Non-Suspect Domestic (Type of Weapon Used) Reporting Unit 8
a | Report? TO |Mader A known? C1 Junknown? C1 | incident? Violence? [] 373
Location Sent / On View: At Intersection with Reporting District
DOUBLEROCK ST CAMERON WAY BAYVIEW
Grime and Clearance Stalus ] Reported to Bureau Name Star Date/ Time Elder Gang Juvenile | Prejudice
6 cocsit Dicroce, Alice 237 07/19/2016 13:00 | victim C1 | Related? C1 | subject? O] | Based? O
Have you reviewed the attached list of procedures required by Depariment General Order (OGO) 7.047 Yes
© D |i declare under penalty of perjury, this report of _5_ pages is true and correct, based on my personal knowledge, or Is based on information and belief
FE |following an investigation of the events and parties involved.
F Cc PROP 115 CERTIFIED 5 Year/Post
Li [Reporting Officer ‘Star Station Watch Date
A |COLEMAN, STEPHEN M 4184 Bayview Station 1100-2400 07/13/16 16:15
E ® [Reviewing Officer Star Station Watch Date
R A [MCCRAY, TRACY A 4076 Bayview Station 1100-2100 O743/16 17:31
T loc Star Station Watch Date
3 LOZADA, AARON 389 Bayview Station 1500-0100 07/13/16 20:21
yy [Related Case Related Case [Re-assignod to Assigned to 3*300 Assigned by
~ - Copies to 3°300 ‘Add’ Copies SC 4184
R__ Code Name (Last, First Middle) ‘Alias Email
gE LjRt ‘SFPD #4184 SFPD #2349, SFPD #2323
P {Day Phone Type Home Address City State Zip Code
© ‘(|(418)671-2300__ Work
R_|Night Phone Type Work Address . City State Zip Code
T 201 WILLIAMS AVE : SAN FRANCISCO cA 94124-
DOB 1 Age|DOB or age between Race ‘Sex Height [Weight Hair Color | Eye Color 1D Type Jurisd. ID No.
E = unk, and z
E [Confidential Violent Crime [293 PC Star Follow-up Form |Statement Relationship to Subject
Person C] | Notification [1 _|Notification C1 Yes O | ws O
Schoo! (if Juvenile) Injury/Treatment Other Information/if Interpreter Needed-Specify Language
: OF.COLEMAN #4184 OF.MORA #2349 OF HARO #2323
Interpreter og Language Language Description(if Other) Language Line Service/interpreter ID# | Bilingual Otc Star#
Needed

arp

Incident#t 160565663

Page 1 of 5Gan Francisco Police Departmer..

Report Type: Initial INCIDENT REPORT 160565663
Code Name (Last, First Middle) Alias Email

Bsip1 SHAW, JOAQUIN

© 1bay Phone Type Home Address City State Zip Code

° 320 CLEMENTINA ST , APT#40 [SAN FRANCISCO cA -

K_ _|Night Phone Type Work Address City State Zip Code

E

Dp [p8 Date of Birth ‘Age ‘or age between Race |Sex [Height |Weight |Hair Color Eye Color
Unknown [03/19/70 46 and B M 58 210 {BLK BRO
SFNO | J/D# (if Juvi) ID Type/Jurisdiction/Number 1D Type/Jurisdiction/Number _| ID Type/Jurisdiction/Number
463452 Cl CA 08758997 FBIUSA 283509NA3 DLA A6799022
Booking Charge(s) Booking Location

NAW 29800(a)(1) PC / N/W 25850(a) PC / N/W 29850(a) PC | NW. 25400(a)(1) | BAYVIEW STATION
PC / NW 25400(c)(2) PC / NW 496(a)PC / 14601.1(a) CVC /_22500H CVC

Warrant # Court# Action# Deptt Enroute to
Warrant Violation(s) Bail
(8)

Citation#t Violation(s) Appear Date/time _| Location of Appearance
Oca Form Booked | Mirandized: Star Date Time CWB Check Star

Copy Attached uw 237 07/13/2016 13:25 vic 64
Book/Cite Approval Star Mass Arrest Code M X-Rays — | School (if Juvenile) ‘Statement
SGT.MCCRAY 4076 oO Mw

Other Information: Citatlon/WarranBooking Charge(s)/Missing Person-Subject Description; Scars, Marks, Tattoos
WEARING A BAGGY BLACK T-SHIRT AND BAGGY BLUE JEANS

Interpreter Language Language Description(if Other) [Language Line Service/Interpreter !D# {Bilingual Ofc Stari
Needed (1

Py] |Code/No Item Description Brand Model
R|E|eEvo1 FIREARM SMITH AND WESSON MP
©1}1 |serial No. 2 Gun Make Caliber Color Narcotics Lab No. Quantity : Value
P| |psves1s . 40 BLK at
: Seized by (Star) From Where
wl ae . (B)SHAW'S RIGHT WAISTBAND »
y | [Additional Description/identifying Numbers : y

Nine bullets in the magazine. Stolen. ‘Booked by Officer Villanueva #1113 at Bayview Station. é
P Code/No Item Description Brand Model
R|E|EvD2 INDICIA ": :
©!2 |serial No. Gun Make Caliber ‘Color Narcotics Lab No. Quantity Value
P WHI 1
e Seized by (Star) From Where
rl te ON THE REAR SEAT OF THE (T1)VEHICLE
yy | _ [Additional Description/identifying Numbers

One piece of mail in the name of (BWoaquin Shaw addressed fo 116 Cameron. Booked by Officer Villanueva #1113 at Bayview Station.
Pp Code/No Item Description Brand Model
R|E|evp 3 cD
013 | serial No. Gun Make Caliber Color Narcotics Lab No. Quantity Value
P siL 1
; Seized by (Star) From Where
vl (ts BAYVIEW STATION
-y | [Additional Description/Identifying Numbers

Photo. Booked by Officer Villanueva #1113 at Bayview Station.

TI a RARE ARA Page 2 of 5rf
\oan Francisco Police Departmen.

Report Type: Initial INCIDENT REPORT 160565663
\VEHICLE CODES: B - BOOSTED; D - DAMAGED; F - USED FELONY; R ~ RECOVERED) S ~ STOLEN; S/R - STOLEN/RECOVERED; T - TOWED; U - USED OTHER; V - VANDALIZED; X - STRIPPED
Zz Code Plate No. State Reg Yr Plate Type VIN No.
g v1 4JIV162 CA 2016 PC JT2BG12KXT0403697
& |veh Year Make Model
3 1996 Toyota CAMRY
9 [sive Color Plates/VIN Match? Plates Missing?
2 [Sedan, 4 Door Brown FRONT C) REAR C]
Condition (Check all that apply) Damage Point of Entry
a .
3 APPARENTLY DRIVABLE? yw BURNED? oO DAMAGE? oOo STRIPPED? o
i Crime Scene Tech. 387 Form Given to |Tow Approved By (Name) — Star Towed to (Name/Address) Tow Check (Name) Star
FE |Notiied? CO Owner? Sgt.Mccray 4076 _ | AUTO RETURN//7TH STREET
Hold For Other Information.
STOP Program,
et Registered Owner Business Name/Last Name (R/O) First Name Residence Phone
fa [SHAW DEMOIN
g Residence Address City State Zip Business Phone
116 Cameron Way SAN FRANCISCO CA 94124-

t1ta- atl AGNECECLD

Page 3 of 5Coan Francisco Police Departme: :
Report Type: Initial INCIDENT REPORT 160565663

NARRATIVE

On 7-13-16, at approximately 1150 hours, Officer Mora #2349 and | were on patrol dressed in full police uniform and
driving in a marked police vehicle. We were assigned to the Bayview Station Housing Unit. Officer Mora was the
driver and | was the passenger. Officer Mora drove our vehicle to the Alice Griffith Housing Development, otherwise
known as Double Rock. The area of Double Rock is known for its high narcotic usage and sales, along with quality
Of life issues and violence. The type of violence that occurs in the Double Rock area are murders, shootings,
robberies, and physical fighting. We patrol this area to combat the above listed issues. It should be noted | have
made numerous firearm arrests in the area of Double Rock.

As Officer Mora drove our vehicle N/B Cameron, | observed a (T)vehicle double parked in front of 1 Double Rock
Court facing west on the north side of the street (in violation of 22500H CVC). | observed (B)Joaquin Shaw standing
outside of the vehicle. | have had prior contacts with Joaquin Shaw and was aware he was a former resident of
Double Rock. | observed two subjects, one of them Lionel Shaw, standing on the S/E corner of Double Rock and
Cameron. | observed Joaquin Shaw look in our vehicle's direction and then sit down in the driver seat. Officer Mora
drove our vehicle towards the (T)vehicle, and drove our vehicle nose to nose with it. | exited our vehicle and
approached Shaw.

As | approached Joaquin Shaw, Lionel Shaw began yelling at me to leave Joaguin Shaw alone. | had my back to
Lionel Shaw and | could hear him yelling and getting closer to me. | looked and saw Lionel Shaw walking close to
me and appeared upset. | told him to "take it easy". | heard Officer Mora tell Lionel Shaw to back away from me. |
could hear the (T)vehicle's engine running and saw the vehicle was turned on. | saw a key in the vehicles ignition.
Due to Lionel Shaw's aggressive demeanor and the fact there were other subjects standing nearby, | requested an
additional unit respond to our location.

1 told Joaquin Shaw he was double parked and asked him for his driver's license. Joaquin Shaw told me, "Come
on, you know | don't have my license". Joaquin Shaw appeared nervous. | observed Joaquin Shaw sweating,
breathing rapidly, and saw his left hand shaking. Officer Haro #2323 arrived on scene. Joaquin Shaw handed me
his California Identification card. | conducted a record.check, which revealed Joaquin Shaw's license was
suspended on 1-2-05 Authority 13365 Service Code M. Joaquin Shaw was issued a citation for driving on a
suspended license on 1-31-16 (less than six months ago). It should be noted Joaquin Shaw was issued citations for
driving on a suspended license on 9-18-15, 7-26-14, and 7-5-14. Due to the fact the vehicle was running with the
key in the ignition, Joaquin Shaw was sitting in the driver's seat, Joaquin Shaw was in possession of the vehicle, and
Joaquin Shaw was operating the vehicle, Joaquin Shaw was in violation of 14601.1(a) CVC. Due to the fact Joaquin
Shaw was driving on a suspended license for the second time in less than six months, | was going to cite Joaquin
Shaw and tow the vehicle.

| approached the vehicle and asked Joaquin Shaw to exit the vehicle. Prior to issuing Joaquin Shaw a citation
and towing the vehicle, | was going to conduct an inventory search of the vehicle. Due to the violent area we were
in, the fact Joaquin Shaw appeared nervous by his sweating, his rapid breathing, his shaking left hand, due to the
fact there numerous subjects in the area and we were outnumbered at least four to three and one of those subjects
had been yelling at us and had approached us earlier, the fact Joaquin Shaw was wearing baggy clothing which
could easily conceal a weapon, | was going to conduct a Terry search for weapons. | told Joaquin Shaw to turn
away from me and place his hands on top of his head. As Joaquin Shaw placed both of his hands on top of his
head, he spontaneously stated, "I have a gun on me". Officer Mora placed Joaquin Shaw under arrest and into
handcuffs. Sgt.McCray #4076 and Officer Villanueva #1113 arrived on scene. | asked Joaquin Shaw where the gun
was, and he told me his right side. | located a (E1)firearm in Joaquin Shaw's right waistband area, which | seized as
evidence. Joaquin Shaw spontaneously stated, "I know why you're here, you guys saw it on video, there's a good
reason for it". With the approval of Sgt-McCray, Officer Villanueva drove the vehicle to Bayview Station for a
thorough search and further investigation. Officer Shablinskiy #2262 arrived on scene and transported Joaquin
Shaw to Bayview Station.

| searched the vehicle and located (E2)indicia on the rear seat, which | seized as evidence. The indicia was a

Ty nat ARAPRERED Page 4 of 5Goan Francisco Police Departmen)
Report Type: Initial INCIDENT REPORT 160565663

piece of mail in the name of Joaquin Shaw addressed to 116 Cameron.

Officer Villanueva told me there were nine bullets in the magazine which was inside of the gun and there was not
a bullet in the chamber. Officer Vi