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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-13-2016 9:57 am
Case Number: CUD-15-653470
Filing Date: Apr-13-2016 9:55
Filed by: CAROL BALISTRERI
Image: 05353761
DECLARATION
SAN FRANCISCO HOUSING AUTHORITY VS. JOAQUIN SHAW ET AL
001C05353761
Instructions:
Please place this sheet on top of the document to be scanned.Cem YN DA Hw BR WN
Hilary Hammell SBN 291347 F dL
BAYVIEW/HUNTERS POINT COMMUNITY LEGAL ie Gata he DD
4622 Third Street mise
San Francisco, CA 94124
hilary@bhpcommunitylegal.org
(415) 496-6739
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,
Plaintiff, DECLARATION OF ATTORNEY
° HILARY HAMMELL IN SUPPORT OF
DEFENDANT’S EX PARTE
vs. APPLICATION TO SET ASIDE ENTRY
OF DEFAULT AND VACATE
JOAQUIN SHAW, et al., UNLAWFUL DETAINER JUDGMENT
Defendants.
I, Attorney for Defendant, declare under penalty of perjury the following:
1. Iam the attorney for Defendant JOAQUIN SHAW.
2. On April 12, 2016, Plaintiff and Defendants agreed upon and drafted a Settlement
Agreement and Stipulation for Entry of Judgment or Dismissal, a true and correct copy of
which is included as EXHIBIT A to this declaration, agreeing that Defendant will move to
another unit owned by Plaintiff, and requesting an order to set aside and vacate the default
unlawful detainer judgment against Defendant.
3. In paragraph 4 of that Settlement Agreement and Stipulation, Plaintiff agrees to
waive notice of this ex parte application.
4, On April 12, 2016, Plaintiff's Attorney Nichole Santiago and I spoke on the
DECLARATION IN SUPPORT OF EX PARTE APPLICATION TO SET ASIDE
DEFAULT UNLAWFUL DETAINER JUDGMENT
1CON DAH BR WN =
YN YN YN NN KY Se SF Be ewe ewe ee ewe Ek
oN DAW BF BH = SGC eH KA AA BOK = SS
telephone for over an hour between 12 noon and 1 pm. I informed her that I would appear
ex parte in Department 501 of the San Francisco Superior Court at 400 McAllister Street,
on Wednesday, April 13, 2016, with this ex parte application to set aside the default
judgment pursuant to our settlement agreement. She told me that she waived notice and
would not oppose. (See para. 4 of Exhibit A, attached Settlement Agreement and
Stipulation.)
7. On April 12, 2016, I also informed Ms. Santiago that I would email her a
santiagon@sfha.org a scanned copy of the ex parte application and attachments, and a
courtesy copy of the proposed order once it was filed.
Executed this 12" day of April, 2016, in San Francisco, California.
Hilary Hammell
Attorney for Defendant
Joaquin Shaw
DECLARATION IN SUPPORT OF EX PARTE APPLICATION TO SET ASIDE
DEFAULT UNLAWFUL DETAINER JUDGMENT
2Ceo YN DH RF WN
EXHIBIT A
DECLARATION IN SUPPORT OF EX PARTE APPLICATION TO SET ASIDE
DEFAULT UNLAWFUL DETAINER JUDGMENT
3Nichole Santiago SBN 291632
SAN FRANCISCO HOUSING AUTHORITY
1815 Egbert Avenue
San Francisco, CA 94124
Telephone: (415) 715-3274
santiagon@sfha.org
Attorney for Plaintiff
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
Vv.
JOAQUIN SHAW, et al.,
wee
Defendants.
Plaintiff SAN FRANCISCO HOUSING AUTHORITY (“Plaintiff”), and Defendant
JOAQUIN SHAW (“Defendant”) enter into the following Settlement Agreement and Stipulatio
for Entry of Judgment or Dismissal (“Settlement Agreement”) in the above-entitled action wit
reference to the real 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. Th
term of this Settlement Agreement will be from its execution date, until one year from the date o
execution. In the event Defendant’s tenancy converts through the Rental Assistanc
Demonstration (RAD), then the term of the Settlement Agreement will be through the closiny
date of the conversion, whichever is earlier. If Defendant's tenancy converts through RAD prio
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 DISMISSAL2. Defendant shall vacate the Premises no later than May 15, 2016.
3. Immediately after Defendant vacates the Premises, Plaintiff shall permit Defendant t
possess the unit owned and managed by Plaintiff located at 330 Clementina Street, Unit 402, Sa
Francisco, CA 94103 (“330 Clementina”) so long as Defendant complies with all obligation
under this Settlement Agreement.
4. Plaintiff stipulates Defendant shall request the Court to set aside the entry of default an
vacate the default judgment on an ex parte application. Plaintiff waives notice on the applicatior
and will join in a stipulation in support of the application.
5. Upon Defendant signing a new Lease, the parties agree to not include Lavonte Shaw as a
household member. The parties acknowledge that the Court entered a default against Lavonte|
Shaw in this matter. Plaintiff acknowledges Joaquin Shaw is currently does not intend foi
Lavonte Shaw to be a household member at 330 Clementina Street. Plaintiff agrees to remov
Lavonte Shaw from the lease, as permitted by law, without requiring any additional actions fro
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 Agreement through April 30.
2016. Defendant agrees to pay the Balance according to the following schedule until the sie
is paid in full.
¢ Defendant to pay four installments in the amount of $442.75 per month. The firs
payment is due upon execution of this Settlement Agreement.
¢ The second installment is due no later than May 15, 2016.
e = The third installment is due no later than June 15, 2016.
e The fourth and last installment is due July 15, 2016. |
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 by the 15th day of each =
during the term of this Settlement Agreement, as long as the balance is not paid in full.
2
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALb. In addition to the damages required by paragraph 6, beginning and continuin;
through the Termination Date, Defendant will pay Plaintiff, no later than the tenth of eac
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 o}
decreased pursuant to Defendant’s annual or interim recertification and program eligibility.
Defendant stipulates that a default in these payments will be a valid basis for entry o
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 o1
the decision and rationale stated in Little v. Sanchez (1985) 166 Cal.App.3d 501 and other simila
cases, decisions or laws and specifically waives the right to object to entry of judgment based o}
these cases, decisions and laws. This waiver of rights by Defendant is a material part of th
consideration for Plaintiff agreeing to enter into this Settlement Agreement.
c. Cash will NOT be accepted as payment. Each payment required by thi:
Settlement Agreement must be made by either a cashier’s check or money order and must b
made payable to “San Francisco Housing Authority,” and delivered to: San Francisco Housin;
Authority, Attention: Nichole Santiago, 1815 Egbert Avenue, 3" Floor, San Francisco, C
94124. Plaintiff will provide a receipt for payment upon request. Any payment tendered b
Defendant via mail must be deposited in the mail sufficiently in advance of the Due Date of th
given month in which it is due to ensure the payment is received by Plaintiff's counsel on o
before the Due Date as set forth in this Settlement Agreement. Defendant bears the risk for
default under this Settlement Agreement resulting from any lost or delayed payment. Defendan
shall send payments required by paragraph 6b directly to the property management office.
d. Defendant understands and agrees that the payments required by paragraph 6:
this Settlement 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 unles:
Defendant has completed all obligations required by this Settlement Agreement.
3
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALa
~
e. Any payment from Defendant will first be applied to amounts due under Sectio
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.
f£. Defendant understands and agrees that the acceptance of payments due under thi
Settlement Agreement shall not be deemed to be a waiver of any preceding or later-occurrin
default.
7. Defendant represents and covenants that there are no other adult occupants residing a
330 Clementina Street, and any other persons at 330 Clementina are merely visitors, guests, o1
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 Plaintiff’
Admissions and Continued Policy (ACOP) in effect at the time of the request.
8. During the term of this Settlement Agreement, Defendant shall comply with al
obligations under the rental agreement, the house rules, and grievance procedures except as
otherwise set forth herein. Inclusion or reference to the rental agreement and House Rules shal!
not act to create or reinstate Defendant’s tenancy at the Premises while this Settlemen
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 Defendant
in and near the Housing Development will not engage in any criminal activity on or off th
Housing Development. Defendant, guests of Defendant and other persons under the control 0
Defendant 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 person:
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 fo
smoking or injecting a controlled substance, on or off the Housing Development;
b. As part of the reasonable accommodation Plaintiff made to Defendant in thi:
unlawful detainer action, Plaintiff agrees not to hold Defendant in breach of provision 8a for an
4
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALactions by Lavonte Shaw, unless Defendant voluntarily permits Lavonte Shaw to enter th
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, o1
cancellation of this Settlement Agreement.
10. The parties expressly stipulate that if Defendant transfers to another rental unit owned o
managed by Plaintiff, 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 i
such rental unit or rental units shall be governed by the provisions of this Settlement Agreement
through the Termination Date. Notwithstanding a transfer to another unit, or the signing of
lease for another rental unit, all amounts to be paid under Section 6a of this Settlement
Agreement will continue to be paid by Defendant, pursuant to the payment schedule set forth i
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 transferre
into.
The parties stipulate that Plaintiff may seek an order to amend the complaint on an e
parte basis alone, or after a default by Defendant combined with an ex parte application for
judgment to reflect 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 future 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 o
however arising out of Defendant’s tenancy at the Premises, the termination of Defendant’
tenancy and the instant action. Defendant is aware of the provisions of Civil Code section 154:
which provides in pertinent part:
“A general release does not extend to claims which the
5
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALa
“4
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 Defendan'
may have to invoke said provision or any similar provision or rule of the common law, now oi
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 thel
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 Agreement, Plaintiff will file a Request for Enti
of Dismissal of this action and the tenancy will be reinstated. Upon termination of thi
Settlement Agreement, tenant shall possess 330 Clementina with those rights and obligation
provided under the RAD Relocation and Transition Plan, approved June 25, 2015.
13. Plaintiff will not oppose Defendant’s ex parte application to mask the registry 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 an’
provision of this Settlement Agreement, Plaintiff is entitled to entry of judgment for possessio!
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 attorney’s fees in the amounts evidence
by declaration. Defendant shall receive credit for any payments made to Plaintiff under the ea
of this Settlement Agreement.
Plaintiff may move for entry of this stipulated judgment by declaration on an ex rn
basis upon 72 hours’ notice to Defendant's attorney of record. Plaintiff shall give telephoni
notice and notice via electronic mail to Defendant's attorney of record and shall nf
Defendant’s attorney of record the application including the complete content of all supportin;
documents via electronic mail or hand-delivery at least 25 hours’ prior to the hearing. [i
Defendant does not have a current attorney of record, then Plaintiff may serve notice of any vel
ex parte application to Defendant upon 72 hours’ notice by posting written notice conspicuous
at the location in which he resides and by telephone at (415) 424-7648.
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL15. 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 othe
relief 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 stipulate:
that any personal property left at the Premises may be immediately dispose:
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 an
interest thereon, if any, held by Plaintiff, in the event of judgment entere
upon any default by Defendant.
16. Except as otherwise provided for herein in the event of default, Plaintiff and Defendant
agree to bear their own legal costs and attorneys’ fees.
17. This Settlement Agreement shall constitute a judicially enforceable settlement as define
by California Code of Civil Procedure section 664.6. Plaintiff and Defendant request that th
court shall retain jurisdiction over the parties to enforce the Settlement Agreement until
Settlement Agreement has been fully performed and any Judgment rendered in this action. Thi
partics 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.
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 remainin,
provisions shall not be affected or impaired thereby.
19. This Settlement Agreement may be executed in counterparts and when each party ha
signed and delivered at least one such counterpart, it shall be deemed an original and ")
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALtogether shall constitute one and the same agreement which shall be binding and effective as J
all parties. Fax and PDF signatures are deemed originals for all purposes.
20. The parties agree that none of the provisions of this Settlement Agreement may b
waived, amended or modified unless such waiver, amendment, or modification is made i
writing and signed by both parties and their attorneys of record, if any.
21. 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.
8
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALSIGNATURES
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: By:
San Francisco Housing Authority,
Plaintiff
Dated: * \ pb | G
APPROVED AS TO FORM:
Dated: By:
Nichole Santiago, Attorney for Plaintiff
Dated: 4[i-f\e By
Hammell, Attorney for
Defendant
g
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.
fff
Dated: 777 J hf 6
Dated:
APPROVED AS TO FORM:
Dated: Lf Vz Ls [G-
Dated:
: San Fréficisco Housing Authority,
Plaintiff ,
By: “chav fank
By:
Joaquin Shaw, Defendant
fo Zo
By: ffir} p— "
Nichole Sdntiago, Attorney for Plaintiff
By:
Hilary Hammell, Attorney for
Defendant
10
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-13-2016 9:57 am Case Number: CUD-15-653470 Filing Date: Apr-13-2016 9:55 Filed by: CAROL BALISTRERI Image: 05353761 DECLARATION SAN FRANCISCO HOUSING AUTHORITY VS. JOAQUIN SHAW ET AL 001C05353761 Instructions: Please place this sheet on top of the document to be scanned.Cem YN DA Hw BR WN Hilary Hammell SBN 291347 F dL BAYVIEW/HUNTERS POINT COMMUNITY LEGAL ie Gata he DD 4622 Third Street mise San Francisco, CA 94124 hilary@bhpcommunitylegal.org (415) 496-6739 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, Plaintiff, DECLARATION OF ATTORNEY ° HILARY HAMMELL IN SUPPORT OF DEFENDANT’S EX PARTE vs. APPLICATION TO SET ASIDE ENTRY OF DEFAULT AND VACATE JOAQUIN SHAW, et al., UNLAWFUL DETAINER JUDGMENT Defendants. I, Attorney for Defendant, declare under penalty of perjury the following: 1. Iam the attorney for Defendant JOAQUIN SHAW. 2. On April 12, 2016, Plaintiff and Defendants agreed upon and drafted a Settlement Agreement and Stipulation for Entry of Judgment or Dismissal, a true and correct copy of which is included as EXHIBIT A to this declaration, agreeing that Defendant will move to another unit owned by Plaintiff, and requesting an order to set aside and vacate the default unlawful detainer judgment against Defendant. 3. In paragraph 4 of that Settlement Agreement and Stipulation, Plaintiff agrees to waive notice of this ex parte application. 4, On April 12, 2016, Plaintiff's Attorney Nichole Santiago and I spoke on the DECLARATION IN SUPPORT OF EX PARTE APPLICATION TO SET ASIDE DEFAULT UNLAWFUL DETAINER JUDGMENT 1CON DAH BR WN = YN YN YN NN KY Se SF Be ewe ewe ee ewe Ek oN DAW BF BH = SGC eH KA AA BOK = SS telephone for over an hour between 12 noon and 1 pm. I informed her that I would appear ex parte in Department 501 of the San Francisco Superior Court at 400 McAllister Street, on Wednesday, April 13, 2016, with this ex parte application to set aside the default judgment pursuant to our settlement agreement. She told me that she waived notice and would not oppose. (See para. 4 of Exhibit A, attached Settlement Agreement and Stipulation.) 7. On April 12, 2016, I also informed Ms. Santiago that I would email her a santiagon@sfha.org a scanned copy of the ex parte application and attachments, and a courtesy copy of the proposed order once it was filed. Executed this 12" day of April, 2016, in San Francisco, California. Hilary Hammell Attorney for Defendant Joaquin Shaw DECLARATION IN SUPPORT OF EX PARTE APPLICATION TO SET ASIDE DEFAULT UNLAWFUL DETAINER JUDGMENT 2Ceo YN DH RF WN EXHIBIT A DECLARATION IN SUPPORT OF EX PARTE APPLICATION TO SET ASIDE DEFAULT UNLAWFUL DETAINER JUDGMENT 3Nichole Santiago SBN 291632 SAN FRANCISCO HOUSING AUTHORITY 1815 Egbert Avenue San Francisco, CA 94124 Telephone: (415) 715-3274 santiagon@sfha.org Attorney for Plaintiff 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 Vv. JOAQUIN SHAW, et al., wee Defendants. Plaintiff SAN FRANCISCO HOUSING AUTHORITY (“Plaintiff”), and Defendant JOAQUIN SHAW (“Defendant”) enter into the following Settlement Agreement and Stipulatio for Entry of Judgment or Dismissal (“Settlement Agreement”) in the above-entitled action wit reference to the real 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. Th term of this Settlement Agreement will be from its execution date, until one year from the date o execution. In the event Defendant’s tenancy converts through the Rental Assistanc Demonstration (RAD), then the term of the Settlement Agreement will be through the closiny date of the conversion, whichever is earlier. If Defendant's tenancy converts through RAD prio 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 DISMISSAL2. Defendant shall vacate the Premises no later than May 15, 2016. 3. Immediately after Defendant vacates the Premises, Plaintiff shall permit Defendant t possess the unit owned and managed by Plaintiff located at 330 Clementina Street, Unit 402, Sa Francisco, CA 94103 (“330 Clementina”) so long as Defendant complies with all obligation under this Settlement Agreement. 4. Plaintiff stipulates Defendant shall request the Court to set aside the entry of default an vacate the default judgment on an ex parte application. Plaintiff waives notice on the applicatior and will join in a stipulation in support of the application. 5. Upon Defendant signing a new Lease, the parties agree to not include Lavonte Shaw as a household member. The parties acknowledge that the Court entered a default against Lavonte| Shaw in this matter. Plaintiff acknowledges Joaquin Shaw is currently does not intend foi Lavonte Shaw to be a household member at 330 Clementina Street. Plaintiff agrees to remov Lavonte Shaw from the lease, as permitted by law, without requiring any additional actions fro 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 Agreement through April 30. 2016. Defendant agrees to pay the Balance according to the following schedule until the sie is paid in full. ¢ Defendant to pay four installments in the amount of $442.75 per month. The firs payment is due upon execution of this Settlement Agreement. ¢ The second installment is due no later than May 15, 2016. e = The third installment is due no later than June 15, 2016. e The fourth and last installment is due July 15, 2016. | 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 by the 15th day of each = during the term of this Settlement Agreement, as long as the balance is not paid in full. 2 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALb. In addition to the damages required by paragraph 6, beginning and continuin; through the Termination Date, Defendant will pay Plaintiff, no later than the tenth of eac 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 o} decreased pursuant to Defendant’s annual or interim recertification and program eligibility. Defendant stipulates that a default in these payments will be a valid basis for entry o 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 o1 the decision and rationale stated in Little v. Sanchez (1985) 166 Cal.App.3d 501 and other simila cases, decisions or laws and specifically waives the right to object to entry of judgment based o} these cases, decisions and laws. This waiver of rights by Defendant is a material part of th consideration for Plaintiff agreeing to enter into this Settlement Agreement. c. Cash will NOT be accepted as payment. Each payment required by thi: Settlement Agreement must be made by either a cashier’s check or money order and must b made payable to “San Francisco Housing Authority,” and delivered to: San Francisco Housin; Authority, Attention: Nichole Santiago, 1815 Egbert Avenue, 3" Floor, San Francisco, C 94124. Plaintiff will provide a receipt for payment upon request. Any payment tendered b Defendant via mail must be deposited in the mail sufficiently in advance of the Due Date of th given month in which it is due to ensure the payment is received by Plaintiff's counsel on o before the Due Date as set forth in this Settlement Agreement. Defendant bears the risk for default under this Settlement Agreement resulting from any lost or delayed payment. Defendan shall send payments required by paragraph 6b directly to the property management office. d. Defendant understands and agrees that the payments required by paragraph 6: this Settlement 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 unles: Defendant has completed all obligations required by this Settlement Agreement. 3 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALa ~ e. Any payment from Defendant will first be applied to amounts due under Sectio 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. f£. Defendant understands and agrees that the acceptance of payments due under thi Settlement Agreement shall not be deemed to be a waiver of any preceding or later-occurrin default. 7. Defendant represents and covenants that there are no other adult occupants residing a 330 Clementina Street, and any other persons at 330 Clementina are merely visitors, guests, o1 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 Plaintiff’ Admissions and Continued Policy (ACOP) in effect at the time of the request. 8. During the term of this Settlement Agreement, Defendant shall comply with al obligations under the rental agreement, the house rules, and grievance procedures except as otherwise set forth herein. Inclusion or reference to the rental agreement and House Rules shal! not act to create or reinstate Defendant’s tenancy at the Premises while this Settlemen 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 Defendant in and near the Housing Development will not engage in any criminal activity on or off th Housing Development. Defendant, guests of Defendant and other persons under the control 0 Defendant 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 person: 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 fo smoking or injecting a controlled substance, on or off the Housing Development; b. As part of the reasonable accommodation Plaintiff made to Defendant in thi: unlawful detainer action, Plaintiff agrees not to hold Defendant in breach of provision 8a for an 4 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALactions by Lavonte Shaw, unless Defendant voluntarily permits Lavonte Shaw to enter th 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, o1 cancellation of this Settlement Agreement. 10. The parties expressly stipulate that if Defendant transfers to another rental unit owned o managed by Plaintiff, 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 i such rental unit or rental units shall be governed by the provisions of this Settlement Agreement through the Termination Date. Notwithstanding a transfer to another unit, or the signing of lease for another rental unit, all amounts to be paid under Section 6a of this Settlement Agreement will continue to be paid by Defendant, pursuant to the payment schedule set forth i 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 transferre into. The parties stipulate that Plaintiff may seek an order to amend the complaint on an e parte basis alone, or after a default by Defendant combined with an ex parte application for judgment to reflect 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 future 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 o however arising out of Defendant’s tenancy at the Premises, the termination of Defendant’ tenancy and the instant action. Defendant is aware of the provisions of Civil Code section 154: which provides in pertinent part: “A general release does not extend to claims which the 5 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALa “4 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 Defendan' may have to invoke said provision or any similar provision or rule of the common law, now oi 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 thel 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 Agreement, Plaintiff will file a Request for Enti of Dismissal of this action and the tenancy will be reinstated. Upon termination of thi Settlement Agreement, tenant shall possess 330 Clementina with those rights and obligation provided under the RAD Relocation and Transition Plan, approved June 25, 2015. 13. Plaintiff will not oppose Defendant’s ex parte application to mask the registry 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 an’ provision of this Settlement Agreement, Plaintiff is entitled to entry of judgment for possessio! 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 attorney’s fees in the amounts evidence by declaration. Defendant shall receive credit for any payments made to Plaintiff under the ea of this Settlement Agreement. Plaintiff may move for entry of this stipulated judgment by declaration on an ex rn basis upon 72 hours’ notice to Defendant's attorney of record. Plaintiff shall give telephoni notice and notice via electronic mail to Defendant's attorney of record and shall nf Defendant’s attorney of record the application including the complete content of all supportin; documents via electronic mail or hand-delivery at least 25 hours’ prior to the hearing. [i Defendant does not have a current attorney of record, then Plaintiff may serve notice of any vel ex parte application to Defendant upon 72 hours’ notice by posting written notice conspicuous at the location in which he resides and by telephone at (415) 424-7648. SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL15. 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 othe relief 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 stipulate: that any personal property left at the Premises may be immediately dispose: 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 an interest thereon, if any, held by Plaintiff, in the event of judgment entere upon any default by Defendant. 16. Except as otherwise provided for herein in the event of default, Plaintiff and Defendant agree to bear their own legal costs and attorneys’ fees. 17. This Settlement Agreement shall constitute a judicially enforceable settlement as define by California Code of Civil Procedure section 664.6. Plaintiff and Defendant request that th court shall retain jurisdiction over the parties to enforce the Settlement Agreement until Settlement Agreement has been fully performed and any Judgment rendered in this action. Thi partics 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. 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 remainin, provisions shall not be affected or impaired thereby. 19. This Settlement Agreement may be executed in counterparts and when each party ha signed and delivered at least one such counterpart, it shall be deemed an original and ") SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALtogether shall constitute one and the same agreement which shall be binding and effective as J all parties. Fax and PDF signatures are deemed originals for all purposes. 20. The parties agree that none of the provisions of this Settlement Agreement may b waived, amended or modified unless such waiver, amendment, or modification is made i writing and signed by both parties and their attorneys of record, if any. 21. 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. 8 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALSIGNATURES 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: By: San Francisco Housing Authority, Plaintiff Dated: * \ pb | G APPROVED AS TO FORM: Dated: By: Nichole Santiago, Attorney for Plaintiff Dated: 4[i-f\e By Hammell, Attorney for Defendant g 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. fff Dated: 777 J hf 6 Dated: APPROVED AS TO FORM: Dated: Lf Vz Ls [G- Dated: : San Fréficisco Housing Authority, Plaintiff , By: “chav fank By: Joaquin Shaw, Defendant fo Zo By: ffir} p— " Nichole Sdntiago, Attorney for Plaintiff By: Hilary Hammell, Attorney for Defendant 10 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL