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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-16-2015 11:00 am
Case Number: CUD-12-642898
Filing Date: Jun-16-2015 10:56
Filed by: BOWMAN LIU
Juke Box: 001 Image: 04954768
DECLARATION
HOGAN AND VEST, INC., A CALIFORNIA CORPORATION VS. AARON
WILLIAMS et al
001004954768
Instructions:
Please place this sheet on top of the document to be scanned.2
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BEBSER is
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F Superior Court of California
HOLLAND & KNIGHT LLP rig ofan Francisco
DANIEL KAPPES (SBN #303454)
50 California Street, Suite 2800 JUN. 1.62015
San Francisco, CA 94111 .
Telephone: (415) 743-6900 CLERIGOF THE 2 URT
Facsimile: (415) 743-6910 BY. Deputy Clerk
E-mail: daniel.kappes@hklaw.com ROWMAN Liu
Attorney for Defendant AARON WILLIAMS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY OF AND COUNTY OF SAN FRANCISCO
HOGAN and VEST, INC., a California Case No. CUD-12-642898
Corporation,
DECLARATION OF AARON WILLIAMS
Plaintiff,
vs.
AARON WILLIAMS And DOES I-X,
Defendants.
1, AARON WILLIAMS, declare:
1, I am the named defendant in the above-entitled motion to vacate judgment. I have
personal knowledge of the facts contained in this declaration. If called as witness in this matter I
would and could competently testify as follows:
2. Iam 58 years old. I lived at 1115 Taylor Street #4, San Francisco, CA 94108 for
about 25 and half years.
3. My rent is $1080.00 per month.
4. T have a history of mental health disabilities, specifically depression.
5. I currently work for a temporary security agency, Placement Pros. I have sporadic
employment as a security officer a few days a week.
6. In July 2012, my subtenant and I got into many disagreements, and as a result, my
depression was triggered. I went to San Francisco General and was placed on a 72 hour evaluation
for depression. I then checked into Progression Foundation, a mental illness treatment center, for
-1-
DECLARATION OF AARON WILLIAMSHolland & Knight LLP
50 California Street, 28th Floor
San Francisco, CA 94111
Tel:(415) 743-6900
Fax:(415) 743-6910
Co eo NIN DHA FF WN |
NY NY NY NY NNN DN | — ee Be we Be Be eB Se
ot AA BF BNH KF SD OANA HA BF WN S&S SD
approximately 3 weeks. In late August, I lived in Rippon House for 3 months. During the time I was
not living at the premises neither myself nor the subtenant paid rent. I have lived at the subject
premise since 1/1/1991. Mr.-Schulty moved in as my subtenant in 2007. Mr. Schulty pays me half
of the rent.
7. Because the rent was not paid the plaintiff filed an eviction case in 2012. Mr. Schulty
is not a named defendant. In October 2012, I went to a settlement and negotiation hearing with
Hogan & Vest for non-payment of rent. A true and correct copy of this settlement agreement is
attached as Exhibit A. We negotiated that I would be able to return to the subject premises as long
as I paid $200.00 a month in addition to the current rent.
8. On Wednesday May 27, I received a phone call from David Foran of Sacramento
and Foran Law offices, INC to be at SF Superior Court room 501 on Friday May 29. I asked if 1
would be receiving a letter.
9. I received the letter on Saturday. The letter said that the hearing was Monday, May
29, 2015. A true and correct copy of this letter is attached as Exhibit B. This confused me because
May 29 is a Friday, not Monday. I went to room 501 on Friday, May 29 at 11:00 am for the hearing
as indicated by David Foran. I walked into the room and did not see my name on the docket. I asked
the sheriff's deputy if my name was on the docket. The sheriff deputy told me my name was not on
the docket but to check room 402. I checked room 402 and asked the court clerk. No one at the
court could find my name for a hearing on that day. I went to another department after 402 and no
one could find my name for a hearing on that day either. After trying multiple times to locate the
correct room, I decided to leave because I could not find anyone and I figured they got the date
wrong. Also, I only met David Foran once three years ago at the settlement conference, so I tried
looking for him but because I forgot what he looks like, I do not think I saw him.
10. After receiving the judgment against me, I went to the EDC on June 1, 2015, which
referred me to the Homeless Advocacy Project (HAP). On June 8, 2015 I began seeking legal
advice from HAP. HAP then referred me to Holland & Knight, where I am currently receiving pro
bono representation for this matter.
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DECLARATION OF AARON WILLIAMSCoe nN DH BF WN
Se oe
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11. The subtenant, Frank Schulty, has $3,497.50 in his bank account for the back rent,
attorney fees, plus the months of May and June. I got this number by calculating the $777.50 that I
still owe in back rent plus $500 in attorney's fees and $60 in cost mentioned in the judgment on
May 29, 2015. A true and correct copy of that judgment is attached as Exhibit ©. The total also
includes the May and June 2015 rental fee.
12. If evicted, I will be homeless. I do not have any place to go because my family
resides in Florida. I will be unable to have a place to eat, keep my things, and live.
13. I can continue to pay my rent every month without any problem.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on June 15, 2015
Dated: June 15, 2015
Ca Ke—
AARON WILLIAMS
DEFENDANT
3+
DECLARATION OF AARON WILLIAMSSuh Ft‘|| HOGAN and VEST, INC., a California
JOSEPH A. SACRAMENTO, ESQ. (122860) F
DAVID J. FORAN, ESQ, (161790) I
LAW OFFICES OF JOSEPH A. SACRAMENTO ai
1489 Webster Street, Suite 248
rrancisco, CA_94115 Noy aD
Pa ata) eas Wem, 20
ax: (4 =
tiff HOGAN and VEST, INC., a California Cosporation oe, 20g
2p,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
SAN FRANCISCO COUNTY - LIMITED CIVIL JURISDICTION
No. CUD-12-642898
Corporation,
Plaintiff, SETTLEMENT AGREEMENT AND
STIPULATION FOR CONDITIONAL
vs. ENTRY OF FUTURE JUDGMENT
AARON WILLIAMS and DOES I - X,
Defendant
Plaintiff HOGAN and VEST, INC., a California Corporation by and with their attorney,
DAVID J. FORAN, ESQ., of the LAW OFFICES OF JOSEPH A. SACRAMENTO, ESQ., and
Defendant AARON WILLIAMS, wit is attorney Athen ‘. Sedafo hereby stipulate
for entry of. isan as follows:
1. Plaintiffis awarded judgment for restitution of possession of the premises located at
1115 Taylor Street, #4, San Francisco, California 94108, (hereinafter “subject premises”) as against
Defendant AARON WILLIAMS.
SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT
1e
2. The Stipulation for Judgment and Judgment shall be stayed in this matter, unless
defendant fails to pay to plaintiff the Pant of $. 2, 6 eo = , fepresenting the back rent
es
and rent from Jue. A912. through Novenber.39, 2012and attorney fees sad coin in oie
tof S h 00% (hereinafter “back amount”) as follows: prove, ef @rrmyenadh
“ ahaa beretigs Eek
“ b, Onor before December 1S , 2012, defen shal pay iff the additiogal
amount of $. loge 2 i Defondlant will £4.
i ae Elam Ot on Sree meen a9
‘On or before January as? 2013, defendant shall pay to plaintiff the additional
amount of $ goo 0 , fepresenting a partial payment of the back amount,
d. On or before February ss 2013, defendant shall pay to plaintiff the additional
amount of sf joo S- , fepresenting a partial payment of the back amount,
e. _ Onor before March /S~, 2013 defendant shall pay to plaintiff the additional
amount of $ 200 2 , fepresenting a partial payment of the back amount,
£ _ Onorbefore April /S”, 2013, defendant shall pay to plaintiff the additional
amount ofsAoo™ representing a partial payment of the back amount, #4 Condsqcl on pe c
‘Defendant, further agrees that he will pay he¢ monthly rent in the amount of $ /, 020%
sui rent bocomes due onthe first of every montly beg Ipre Febwan 1, 2er3.
All payments made by defendant will be applied first toward the current rent and then towards
the back amount owed. ,
3. If defendant pays all of the above amounts, plaintiff shall dismiss this unlawful
detainer action against defendant, with prejudice. Furthermore, plaintiff shall then allow
defendant to continue to remain in possession of the subject premises and defendant shall pay rent
on the first day of each and every month thereafter.
4. If defendant fails to timely comply with in every material respect with each and every
term contained in paragraph 2 herein, the parties stipulate and agree as follows:
SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT
21 || the parties hereby request and authorize this Court to take the following action:
2 (1) Upon twenty-four (24) hours notice to seek an exparte application for
3 Judgment Pursuant to Stipulation, for possession of the premises from defendants and all occupants in
4 possession, forfeiture of the lease or rental agreement, and recovery of the following sums:
5 (2) Back rent, and daily damages, inthe amount of $7,660 =
6 less payments made by or on behalf of defendants,
7 (b) Costs in the amount of $60.00;
8 (c) _Attorney’s fees in the amount of $500.00. .
° (2) Toissue a Writ of Possession directing the Sheriff of San
Francisco County to take all steps necessary to remove defendants and all occupants in possession
from the premises and restore possession to plaintiff.
6. If judgment is entered, there are no stays of execution of judgment for any reason.
seseysmivtonney cx anigusaneaf nln The undersigned parties represent and warrant that
they are authorized to enter into this Stipulation, 47// & wt Barr olains get rag et paics
8. Except for enforcement of the Stipulatiorfind any judgment that may be entered
herein, there is a mutual release of all other claims, causes of action, and damages, either known
or unknown, that either party may have against the other, Each party specifically waives any and
all rights and or remedies provided under Civil Code Section 1542 which provides as follows:
"A general release does not extend to claims which a
creditor does not know or suspect to exist in his favor at the time of executing the
release which if known by him must have materially affected his settlement with
the debtor." Ft
9. In the event that judgment is entered, plaintiff shall retain any personal property
remaining the subject premises at the time plaintiff recovers possession. Plaintiff shall not be
obligated to store any of defendant's personal property items.
fhe”
SETTLEMENT REEMENT AND STIPULATION FOR rege ehlet BNTRY OF FUTURE JUDGMENT
Plait 4 Pees fo mek ayy rey ryan SELL fo Mh
vatk habe Any Aispoke ecco in a rpare ay be sebmitleg
we SF. Loot” Boot A /euloter10. In the event that judgment is entered, defendant forfeits any further interest in the
lease and leasehold.
11. This Stipulation shall bind and inure to the benefit of each party’s heirs, assigns
and successors.
12. As a material covenant of this Stipulation, defendant agrees to notify plaintiff of any
issues concerning the subject premises prior to reporting plaintiff or the subject premises to any
governmental agency, except for emergency circumstances.
13. Time is of the essence with respect to any act, performance, or payment under this
Stipulation.
14. Nothing in this agreement shall prevent plaintiff from increasing defendant’s monthly
rent in compliance with the San Francisco Rent Ordinance, if applicable.
15. Defendant represents and warrants that defendant has been advised by counsel or
to seek counsel regarding the terms and conditions of the Stipulation for Judgment, and enters
into said Stipulation freely and voluntarily.
16. The acceptance of rent by plaintiff shall not constitute a waiver of plaintiff's rights
to enforce the terms of this Stipulation, or to serve any other eviction notice against defendant.
Dated: [)-2° -/2,
Dated: it fair :
BERNARD STALDER
HOGAN and VEST, INC.
SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT
4Approved as to form and content.
Dated: Hear ie
Dated: 144 [r-
DAVID J. FORAN, ESQ.
LAW OFFICES OF JOSEPH A. SACRAMENTO
Attorney for Plaintiff
HOGAN & VEST, INC.
KF Dekuclnt will cori. + p Y 200 # fowwny He
pack mort mnie I$ of gre anode endif Hh
dell becke amon je Ad, prt Ae (tp
SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT
5Approved as to form and content.
Dated:
ie KA
DAVID J. FORAN, ESQ.
LAW OFFICES OF JOSEPH A. ‘0
nti SEN Net -ho
On oe beh Pee. 1G are Morey for Pin ony 14
Ht Deberlott's opin, ke may Vent the
uack and fortect “vy fort ate tee
fesse ane feacchelif on on het, Paasarbe 1@, 2013.
ln Sec & Cae Plairhtl Car eWbe yetopewt-
(aint? Bokmtisicmend ay elle Cceepenh So P28is cog
on and plarathth will bas Wp eight Te epaet
seb and a torrey Fees, aarelt Debndat: foo
ferent te ented acaiat- Bedendarf- farcoa [/ilians
ynder hia portion oO fhe agreement, Shen Phrbily-
chal vacels Sonnet «be peaney of pesserair,
Exner A" (A Oe!
men AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT
5uh PSACRAMENTO AND FORAN,
1489 WEBSTER ST., SUITE. us INC
SAN FRANCISCO, CA 94115
JOSEPH A. SACRAMENTO BUS: (415) 775-0891
DAVID FORAN PAX: (615) 775-1350
May 27, 2014
Aaron Williams
1115 Taylor Street, #4
San Francisco, CA 94108
Re: Hogan & Vest v Williams CUD-12-642898
-. - Dear Mr. Williams:
This letter will confirm our telephone conversation earlier today, “and vill further
act as your twenty-four hour notice that Mr. Sacramento, or an associate from our office,
will appear Exparte for Judgment Pursuant to Stipulation in the above named case,
because you failed to make the agreed payments of the back amount for May 29, 2015
and you failed to pay your rent for May 2015, pursuant to the Settlement Agreement and
Stipulation for Future Entry of Judgment.
_The above matter will be heard at 1 . 015 at 400
jan Francis A, int actuent
Please do not hesitate to call if you have any questions.
Thank you very much.
SACRAMENTO ADE ‘AND FORAN
LAW OFFICE, INC. .
ce: Client ,Suh &~ JUN404/2015/THU 03:47 PM @ PAX No,
DAVID J. FORAN, ESQ (161790)
JOSEPH A. SAI ‘0, SQ, ca
SACRAMENTO
1489 Webster Street, Suite 248
San Francisco, CA 94115
Telephone: cal 5) 775-0891
Fax415)7 5-1350
Attorney for: Plaintiff HOGAN and VEST, INC.
a California Corporation
@ P. 00!
ENDORSED
‘San Francisco Colmty Superior Court
MAY 2 9 015
CLERK OF THE COURT
Or MA. BENIGNA D, GOODMAN
Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
SAN FRANCISCO COUNTY - LIMITED CIVIL JURISDICTION
HOGAN and VEST, INC.,
a California corporation
)
)
)
)
Plaintiff, }
vs. }
AARON WILLIAMS }
and DOES I - X, }
)
)
)
Defendant.
JUDGMENT
No, CUD-12-642898
After full consideration of the STIPULATION FOR ENTRY OF JUDGMENT the
DECLARATIONS OF DAVID J. FORAN of SACRAMENTO AND FORAN LAW OFFICE, INC. ,
ESQ. and Plaintiff's agent BERNARD STALDER in support of entry of judgment setting forth the
manner and extent of defendant's noncompliance with the terms of said stipulation and 24 hours written
notice to defendant of plaintiff's intent to seek entry of judgment pursuant to stipulation.
IT IS ORDERED, ADJUDGED AND DECREED that
JUDGMENT 1~— SUN/04/2015/THU 03:48 PM @ FAX No,
@ P, 002
JUDGMENT be entered in favor of Plaintiff HOGAN and VEST, INC., a California corporation
and against Defendant AARON WILLIAMS, pursuant to the terms of SETTLEMENT
AGREEMENT STIPULATION FOR ENTRY OF JUDGMENT entered into by the parties. Plaintiff
HOGAN and VEST, INC., a California corporation, is awarded judgment for restitution of
possession of the premises located at 1115 Taylor Street, #4, San Francisco, California 94108., as
against Defendant AARON WILLIAMS.
Plaintiff HOGAN and VEST, INC., a California corporation, is awarded $777.50, which
equals the remaining back amount of $7,680,.00 after subtracting defendant’s payments and
plaintiff is also awarded attorney fees gf $5 Costin the amount Q
Defendant AARON WILLIAMS.
SO ORDERED
. RONALD E, QUIDACHAY
MAY 29 2015
Dated:
HONORABLE
SUPERIOR COURT JUDGE
RONALD E. QUIDACHAY
JUDGMENT 2
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OA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jun-16-2015 11:00 am Case Number: CUD-12-642898 Filing Date: Jun-16-2015 10:56 Filed by: BOWMAN LIU Juke Box: 001 Image: 04954768 DECLARATION HOGAN AND VEST, INC., A CALIFORNIA CORPORATION VS. AARON WILLIAMS et al 001004954768 Instructions: Please place this sheet on top of the document to be scanned.2 3 4 5 6 7 8 9 10 11 gL 12 Bo <3 4 BEBSER is 2 a 3 ee 16 aeisz Ss 17 8 18 19 20 21 22 23 24 25 26 27 28 F Superior Court of California HOLLAND & KNIGHT LLP rig ofan Francisco DANIEL KAPPES (SBN #303454) 50 California Street, Suite 2800 JUN. 1.62015 San Francisco, CA 94111 . Telephone: (415) 743-6900 CLERIGOF THE 2 URT Facsimile: (415) 743-6910 BY. Deputy Clerk E-mail: daniel.kappes@hklaw.com ROWMAN Liu Attorney for Defendant AARON WILLIAMS SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY OF AND COUNTY OF SAN FRANCISCO HOGAN and VEST, INC., a California Case No. CUD-12-642898 Corporation, DECLARATION OF AARON WILLIAMS Plaintiff, vs. AARON WILLIAMS And DOES I-X, Defendants. 1, AARON WILLIAMS, declare: 1, I am the named defendant in the above-entitled motion to vacate judgment. I have personal knowledge of the facts contained in this declaration. If called as witness in this matter I would and could competently testify as follows: 2. Iam 58 years old. I lived at 1115 Taylor Street #4, San Francisco, CA 94108 for about 25 and half years. 3. My rent is $1080.00 per month. 4. T have a history of mental health disabilities, specifically depression. 5. I currently work for a temporary security agency, Placement Pros. I have sporadic employment as a security officer a few days a week. 6. In July 2012, my subtenant and I got into many disagreements, and as a result, my depression was triggered. I went to San Francisco General and was placed on a 72 hour evaluation for depression. I then checked into Progression Foundation, a mental illness treatment center, for -1- DECLARATION OF AARON WILLIAMSHolland & Knight LLP 50 California Street, 28th Floor San Francisco, CA 94111 Tel:(415) 743-6900 Fax:(415) 743-6910 Co eo NIN DHA FF WN | NY NY NY NY NNN DN | — ee Be we Be Be eB Se ot AA BF BNH KF SD OANA HA BF WN S&S SD approximately 3 weeks. In late August, I lived in Rippon House for 3 months. During the time I was not living at the premises neither myself nor the subtenant paid rent. I have lived at the subject premise since 1/1/1991. Mr.-Schulty moved in as my subtenant in 2007. Mr. Schulty pays me half of the rent. 7. Because the rent was not paid the plaintiff filed an eviction case in 2012. Mr. Schulty is not a named defendant. In October 2012, I went to a settlement and negotiation hearing with Hogan & Vest for non-payment of rent. A true and correct copy of this settlement agreement is attached as Exhibit A. We negotiated that I would be able to return to the subject premises as long as I paid $200.00 a month in addition to the current rent. 8. On Wednesday May 27, I received a phone call from David Foran of Sacramento and Foran Law offices, INC to be at SF Superior Court room 501 on Friday May 29. I asked if 1 would be receiving a letter. 9. I received the letter on Saturday. The letter said that the hearing was Monday, May 29, 2015. A true and correct copy of this letter is attached as Exhibit B. This confused me because May 29 is a Friday, not Monday. I went to room 501 on Friday, May 29 at 11:00 am for the hearing as indicated by David Foran. I walked into the room and did not see my name on the docket. I asked the sheriff's deputy if my name was on the docket. The sheriff deputy told me my name was not on the docket but to check room 402. I checked room 402 and asked the court clerk. No one at the court could find my name for a hearing on that day. I went to another department after 402 and no one could find my name for a hearing on that day either. After trying multiple times to locate the correct room, I decided to leave because I could not find anyone and I figured they got the date wrong. Also, I only met David Foran once three years ago at the settlement conference, so I tried looking for him but because I forgot what he looks like, I do not think I saw him. 10. After receiving the judgment against me, I went to the EDC on June 1, 2015, which referred me to the Homeless Advocacy Project (HAP). On June 8, 2015 I began seeking legal advice from HAP. HAP then referred me to Holland & Knight, where I am currently receiving pro bono representation for this matter. -2- DECLARATION OF AARON WILLIAMSCoe nN DH BF WN Se oe - 2 g_ 12 S23 ge) Sos $3 i4 SESEE 15 83 228 16 S223 235 7 g 18 19 20 21 22 23 24 25 26 27 28 11. The subtenant, Frank Schulty, has $3,497.50 in his bank account for the back rent, attorney fees, plus the months of May and June. I got this number by calculating the $777.50 that I still owe in back rent plus $500 in attorney's fees and $60 in cost mentioned in the judgment on May 29, 2015. A true and correct copy of that judgment is attached as Exhibit ©. The total also includes the May and June 2015 rental fee. 12. If evicted, I will be homeless. I do not have any place to go because my family resides in Florida. I will be unable to have a place to eat, keep my things, and live. 13. I can continue to pay my rent every month without any problem. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on June 15, 2015 Dated: June 15, 2015 Ca Ke— AARON WILLIAMS DEFENDANT 3+ DECLARATION OF AARON WILLIAMSSuh Ft‘|| HOGAN and VEST, INC., a California JOSEPH A. SACRAMENTO, ESQ. (122860) F DAVID J. FORAN, ESQ, (161790) I LAW OFFICES OF JOSEPH A. SACRAMENTO ai 1489 Webster Street, Suite 248 rrancisco, CA_94115 Noy aD Pa ata) eas Wem, 20 ax: (4 = tiff HOGAN and VEST, INC., a California Cosporation oe, 20g 2p, SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN FRANCISCO COUNTY - LIMITED CIVIL JURISDICTION No. CUD-12-642898 Corporation, Plaintiff, SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL vs. ENTRY OF FUTURE JUDGMENT AARON WILLIAMS and DOES I - X, Defendant Plaintiff HOGAN and VEST, INC., a California Corporation by and with their attorney, DAVID J. FORAN, ESQ., of the LAW OFFICES OF JOSEPH A. SACRAMENTO, ESQ., and Defendant AARON WILLIAMS, wit is attorney Athen ‘. Sedafo hereby stipulate for entry of. isan as follows: 1. Plaintiffis awarded judgment for restitution of possession of the premises located at 1115 Taylor Street, #4, San Francisco, California 94108, (hereinafter “subject premises”) as against Defendant AARON WILLIAMS. SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT 1e 2. The Stipulation for Judgment and Judgment shall be stayed in this matter, unless defendant fails to pay to plaintiff the Pant of $. 2, 6 eo = , fepresenting the back rent es and rent from Jue. A912. through Novenber.39, 2012and attorney fees sad coin in oie tof S h 00% (hereinafter “back amount”) as follows: prove, ef @rrmyenadh “ ahaa beretigs Eek “ b, Onor before December 1S , 2012, defen shal pay iff the additiogal amount of $. loge 2 i Defondlant will £4. i ae Elam Ot on Sree meen a9 ‘On or before January as? 2013, defendant shall pay to plaintiff the additional amount of $ goo 0 , fepresenting a partial payment of the back amount, d. On or before February ss 2013, defendant shall pay to plaintiff the additional amount of sf joo S- , fepresenting a partial payment of the back amount, e. _ Onor before March /S~, 2013 defendant shall pay to plaintiff the additional amount of $ 200 2 , fepresenting a partial payment of the back amount, £ _ Onorbefore April /S”, 2013, defendant shall pay to plaintiff the additional amount ofsAoo™ representing a partial payment of the back amount, #4 Condsqcl on pe c ‘Defendant, further agrees that he will pay he¢ monthly rent in the amount of $ /, 020% sui rent bocomes due onthe first of every montly beg Ipre Febwan 1, 2er3. All payments made by defendant will be applied first toward the current rent and then towards the back amount owed. , 3. If defendant pays all of the above amounts, plaintiff shall dismiss this unlawful detainer action against defendant, with prejudice. Furthermore, plaintiff shall then allow defendant to continue to remain in possession of the subject premises and defendant shall pay rent on the first day of each and every month thereafter. 4. If defendant fails to timely comply with in every material respect with each and every term contained in paragraph 2 herein, the parties stipulate and agree as follows: SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT 21 || the parties hereby request and authorize this Court to take the following action: 2 (1) Upon twenty-four (24) hours notice to seek an exparte application for 3 Judgment Pursuant to Stipulation, for possession of the premises from defendants and all occupants in 4 possession, forfeiture of the lease or rental agreement, and recovery of the following sums: 5 (2) Back rent, and daily damages, inthe amount of $7,660 = 6 less payments made by or on behalf of defendants, 7 (b) Costs in the amount of $60.00; 8 (c) _Attorney’s fees in the amount of $500.00. . ° (2) Toissue a Writ of Possession directing the Sheriff of San Francisco County to take all steps necessary to remove defendants and all occupants in possession from the premises and restore possession to plaintiff. 6. If judgment is entered, there are no stays of execution of judgment for any reason. seseysmivtonney cx anigusaneaf nln The undersigned parties represent and warrant that they are authorized to enter into this Stipulation, 47// & wt Barr olains get rag et paics 8. Except for enforcement of the Stipulatiorfind any judgment that may be entered herein, there is a mutual release of all other claims, causes of action, and damages, either known or unknown, that either party may have against the other, Each party specifically waives any and all rights and or remedies provided under Civil Code Section 1542 which provides as follows: "A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor." Ft 9. In the event that judgment is entered, plaintiff shall retain any personal property remaining the subject premises at the time plaintiff recovers possession. Plaintiff shall not be obligated to store any of defendant's personal property items. fhe” SETTLEMENT REEMENT AND STIPULATION FOR rege ehlet BNTRY OF FUTURE JUDGMENT Plait 4 Pees fo mek ayy rey ryan SELL fo Mh vatk habe Any Aispoke ecco in a rpare ay be sebmitleg we SF. Loot” Boot A /euloter10. In the event that judgment is entered, defendant forfeits any further interest in the lease and leasehold. 11. This Stipulation shall bind and inure to the benefit of each party’s heirs, assigns and successors. 12. As a material covenant of this Stipulation, defendant agrees to notify plaintiff of any issues concerning the subject premises prior to reporting plaintiff or the subject premises to any governmental agency, except for emergency circumstances. 13. Time is of the essence with respect to any act, performance, or payment under this Stipulation. 14. Nothing in this agreement shall prevent plaintiff from increasing defendant’s monthly rent in compliance with the San Francisco Rent Ordinance, if applicable. 15. Defendant represents and warrants that defendant has been advised by counsel or to seek counsel regarding the terms and conditions of the Stipulation for Judgment, and enters into said Stipulation freely and voluntarily. 16. The acceptance of rent by plaintiff shall not constitute a waiver of plaintiff's rights to enforce the terms of this Stipulation, or to serve any other eviction notice against defendant. Dated: [)-2° -/2, Dated: it fair : BERNARD STALDER HOGAN and VEST, INC. SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT 4Approved as to form and content. Dated: Hear ie Dated: 144 [r- DAVID J. FORAN, ESQ. LAW OFFICES OF JOSEPH A. SACRAMENTO Attorney for Plaintiff HOGAN & VEST, INC. KF Dekuclnt will cori. + p Y 200 # fowwny He pack mort mnie I$ of gre anode endif Hh dell becke amon je Ad, prt Ae (tp SETTLEMENT AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT 5Approved as to form and content. Dated: ie KA DAVID J. FORAN, ESQ. LAW OFFICES OF JOSEPH A. ‘0 nti SEN Net -ho On oe beh Pee. 1G are Morey for Pin ony 14 Ht Deberlott's opin, ke may Vent the uack and fortect “vy fort ate tee fesse ane feacchelif on on het, Paasarbe 1@, 2013. ln Sec & Cae Plairhtl Car eWbe yetopewt- (aint? Bokmtisicmend ay elle Cceepenh So P28is cog on and plarathth will bas Wp eight Te epaet seb and a torrey Fees, aarelt Debndat: foo ferent te ented acaiat- Bedendarf- farcoa [/ilians ynder hia portion oO fhe agreement, Shen Phrbily- chal vacels Sonnet «be peaney of pesserair, Exner A" (A Oe! men AGREEMENT AND STIPULATION FOR CONDITIONAL ENTRY OF FUTURE JUDGMENT 5uh PSACRAMENTO AND FORAN, 1489 WEBSTER ST., SUITE. us INC SAN FRANCISCO, CA 94115 JOSEPH A. SACRAMENTO BUS: (415) 775-0891 DAVID FORAN PAX: (615) 775-1350 May 27, 2014 Aaron Williams 1115 Taylor Street, #4 San Francisco, CA 94108 Re: Hogan & Vest v Williams CUD-12-642898 -. - Dear Mr. Williams: This letter will confirm our telephone conversation earlier today, “and vill further act as your twenty-four hour notice that Mr. Sacramento, or an associate from our office, will appear Exparte for Judgment Pursuant to Stipulation in the above named case, because you failed to make the agreed payments of the back amount for May 29, 2015 and you failed to pay your rent for May 2015, pursuant to the Settlement Agreement and Stipulation for Future Entry of Judgment. _The above matter will be heard at 1 . 015 at 400 jan Francis A, int actuent Please do not hesitate to call if you have any questions. Thank you very much. SACRAMENTO ADE ‘AND FORAN LAW OFFICE, INC. . ce: Client ,Suh &~ JUN404/2015/THU 03:47 PM @ PAX No, DAVID J. FORAN, ESQ (161790) JOSEPH A. SAI ‘0, SQ, ca SACRAMENTO 1489 Webster Street, Suite 248 San Francisco, CA 94115 Telephone: cal 5) 775-0891 Fax415)7 5-1350 Attorney for: Plaintiff HOGAN and VEST, INC. a California Corporation @ P. 00! ENDORSED ‘San Francisco Colmty Superior Court MAY 2 9 015 CLERK OF THE COURT Or MA. BENIGNA D, GOODMAN Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN FRANCISCO COUNTY - LIMITED CIVIL JURISDICTION HOGAN and VEST, INC., a California corporation ) ) ) ) Plaintiff, } vs. } AARON WILLIAMS } and DOES I - X, } ) ) ) Defendant. JUDGMENT No, CUD-12-642898 After full consideration of the STIPULATION FOR ENTRY OF JUDGMENT the DECLARATIONS OF DAVID J. FORAN of SACRAMENTO AND FORAN LAW OFFICE, INC. , ESQ. and Plaintiff's agent BERNARD STALDER in support of entry of judgment setting forth the manner and extent of defendant's noncompliance with the terms of said stipulation and 24 hours written notice to defendant of plaintiff's intent to seek entry of judgment pursuant to stipulation. IT IS ORDERED, ADJUDGED AND DECREED that JUDGMENT 1~— SUN/04/2015/THU 03:48 PM @ FAX No, @ P, 002 JUDGMENT be entered in favor of Plaintiff HOGAN and VEST, INC., a California corporation and against Defendant AARON WILLIAMS, pursuant to the terms of SETTLEMENT AGREEMENT STIPULATION FOR ENTRY OF JUDGMENT entered into by the parties. Plaintiff HOGAN and VEST, INC., a California corporation, is awarded judgment for restitution of possession of the premises located at 1115 Taylor Street, #4, San Francisco, California 94108., as against Defendant AARON WILLIAMS. Plaintiff HOGAN and VEST, INC., a California corporation, is awarded $777.50, which equals the remaining back amount of $7,680,.00 after subtracting defendant’s payments and plaintiff is also awarded attorney fees gf $5 Costin the amount Q Defendant AARON WILLIAMS. SO ORDERED . RONALD E, QUIDACHAY MAY 29 2015 Dated: HONORABLE SUPERIOR COURT JUDGE RONALD E. QUIDACHAY JUDGMENT 2