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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-06-2015 12:31 pm
Case Number: CUD-12-641342
Filing Date: Feb-06-2015 12:31
Filed by: CAROL BALISTRERI
Juke Box: 001 Image: 04784715
STIPULATION FOR ENTRY OF JUDGMENT
SAN FRANCISCO HOUSING AUTHORITY VS. LLYSA CASTELLANOS et al
001004784715
Instructions:
Please place this sheet on top of the document to be scanned.F.Lb de?
San Francisco Housing Authorit 15
Bieber AE oe cour
an Francisco,
Telephone: (415) 715-5940 CLERK OF THE CO
Elizabeth L. Hurwitz (SBN: 278846)
wy: let
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-12-641342
AUTHORITY, )
} FIRST AMENDED SETTLEMENT
Plaintiff, } AGREEMENT AND STIPULATION FOR
) ENTRY OF JUDGMENT OR DISMISSAL
v. )
)
LLYSA CASTELLANOS, and DOES 1-10, 3
inclusive, J
)
Defendants
Plaintiff San Francisco Housing Authority (“Plaintiff”), and Defendant Llysa Castellanos
(“Defendant”) enter into the following First Amended Settlement Agreement and Stipulation fo
Entry of Judgment or Dismissal (“Settlement Agreement”) in the above-entitled action wit
reference to the real property located at, 1520 Sunnydale Ave. San Francisco, California 94134.
together with all attendant common areas, garage and storage areas, if any (“Premises”).
1. Each provision of this Settlement Agreement is considered material by the parties. The
term of this Settlement Agreement will be from its execution date, until Defendant pays the
balance (“Balance”) defined in paragraph three in full (“Termination Date”). Time is of the
essence in performance of all obligations hereunder.
2. Defendant shall retain possession of the Premises provided that Defendant complies with
all obligations of Defendant under this Settlement Agreement.
HW
WW
1
FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL3. Payment Terms
a. Defendant agrees to pay Plaintiff the sum of $3,774.00 which represents the
Balance of past due rent unlawful detainer damages due under this Settlement Agreement
through February 28, 2015. Defendant agrees to pay the Balance to Plaintiff according to thd
following schedule until the Balance is paid in full.
© Defendant to pay $31.00 per month, no later than the first day of each month (“Dud
Date”) beginning February 1, 2015 until the entire Balance is paid in full and this
Settlement Agreement terminates.
If Defendant’s household income increases or decreases, the monthly amount due will increase
or decrease so that the payment due is equal to 7.5% of Defendant’s household gross adjusted
monthly income.
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, on the first day of
each month during the term of this Settlement Agreement.
b. In addition to the damages required by Section 3a, beginning February 1, 2015,
and continuing through the Termination Date, Defendant will pay Plaintiff, no later than the 1°]
of each month, damages in the amount of $122.00, which is equivalent to the current fain
monthly rental value of the Premises. Defendant understands that the amount of $122.00 pey
month may be increased or 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 ‘
judgment against Defendant for possession of the Premises as well as damages as set fort!
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 similar cases, decisions or laws and specifically waives the right of object to entry of
judgment based on these cases, decisions and laws. This waiver of rights by Defendant is a
material part of the consideration for Plaintiff agreeing to enter into this Settlement Agreement.
2
FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALc. 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 bd
made payable to “San Francisco Housing Authority,” and shall be either hand delivered to the
on-site manager of the Building, or mailed to: San Francisco Housing Authority, P.O. Box
526033, Sacramento, CA 95852-6033. 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 ig
due to ensure the payment is received by Plaintiff on or before the Due Date as set forth in this
Settlement Agreement. Defendant bears the risk for a default under this Settlement Agreement
resulting from any lost or delayed payment.
d. Defendant understands and agrees that the payments required by 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 unless Defendant has
completed all obligations required by this Settlement Agreement.
e. Any payment from Defendant, partial or otherwise, will first be applied to
amounts due under Section 3b of this Settlement Agreement, and if any portion remains after
such application, the remaining portion of the payment shall be applied to the amounts due unded
Section 3a.
f. Defendant understands and agrees that the acceptance of any full or partial
payments due under this Settlement Agreement shall not be deemed to be a waiver of any|
preceding or later-occurring default.
4. Defendant represents and covenants that there are no other adult occupants at the
Premises, and any other persons at the Premises are merely visitors, guests, or invitees.
Defendant will not sublet or assign any interest in the Premises and will not allow any othey
person to reside in the Premises.
5. Defendant’s tenancy has been terminated, however, Defendant shall comply with]
all obligations of Defendant under the rental agreement and the house rules, if any, as if the
tenancy has not been terminated, except for those related to payment of rent, length of terms,
extension of term, and grievance procedures except as otherwise set forth herein. Inclusion o7
3
FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALreference to the rental agreement and House Rules shall not act to create or reinstate Defendant’s
tenancy at the Premises. If there is any conflict between the rental agreement and this Settlement
Agreement, the terms of this Settlement Agreement shall control in all respects. octet
additionally agrees as follows:
a. Defendant, Household Members, guests of Household Members and othey
persons under the control of Defendant in and near the Housing Development will not engage in
any criminal activity on or off the Housing Development. Defendant, Household Members,
guests of Household Members and other persons under the control of Defendant in and around
the Housing Development will not engage in any drug-related criminal activity on or off the
Housing Development. Defendant, Household Members, guests of Household Members and
other persons under the control of Defendant will not possess, sell, give away, cultivate.
manufacture, or use, any illegal drugs, narcotics, or controlled substances, and will not possesg
any device used for smoking or injecting a controlled substance, on or off the Housing
Development;
6. While Defendant remains in possession of the Premises, Defendant will comply with all
annual or interim recertification procedures upon Plaintiff’s written request. Neither a request
for, nor the participation in, the recertification process, will be deemed a waiver, change, o7
cancellation of this Settlement Agreement.
7. The parties expressly stipulate that if Defendant transfers to another rental unit owned oy
managed by Plaintiff, or to any HOPE VI of HOPE SF development in San Francisco, the
signing of a lease for that rental unit and otherwise undergoing the transfer process will not be
deemed a waiver, change, or cancellation of this Settlement Agreement. The occupancy in such
rental unit or rental units shall be governed by the provisions of this Settlement Agreement
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 3a of this Settlement
Agreement will continue to be paid by Defendant, pursuant to the payment schedule set forth in
Section 3a. The payment amount set forth in Section 3b will be adjusted accordingly to reflect
4
FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALthe fair market monthly rental rate for the rental unit to which Defendant is being transferred
into.
The parties stipulate that the “Premises” includes any unit that Defendant may transfer into
during the term of this Settlement Agreement. The parties stipulate that the unlawful detainey
complaint can be amended to substitute that rental unit as the premises which are the subject in
the unlawful detainer action in the place of the currently defined “Premises.” The parties
stipulate that Plaintiff may seek an order to amend the complaint on an ex parte basis alone, oy
after a default by Defendant combined with an ex parte application for judgment.
8. Defendant hereby releases Plaintiff, it’s principles, attorneys, employees, representatives]
and agents from any and all claims, debts, actions, causes of action, liabilities, demands]
damages, losses, and lawsuits, of every kind, nature or description, in Jaw or in equity, whethey
known or unknown, suspected or unsuspected, fixed or contingent, presently existing or however
arising out of Defendant’s tenancy at the Premises, the termination of Defendant’s tenancy and
the instant action. Defendant is aware of the provisions of Civil Code section 1542 which
provides in pertinent part:
“A general release does not extend to claims which the
greditor does not know or suspect to exist in bis favor
at the time of executing the release, which if known by
him or her must have materially affected his or her
settlement with the debtor.”
Defendant expressly waives the provisions of Civil Code section 1542 and any rights Defendant
may have to invoke said provision or any similar provision or rule of the common law, now oj
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 th¢
extinguishment of all existing obligations.
9. At the termination of this Settlement Agreement, as long as Defendant is not in default
with respect to any provision of this Settlement Agreement, Plaintiff will file a Request for Entry
of Dismissal of this action, and will reinstate Defendant’s tenancy.
5
FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL10. Except as expressly stated herein, in the event Defendant is in default with respect to any
provision of this Settlement Agreement, Plaintiff is entitled to entry of judgment for possession
of the Premises, for forfeiture of the rental agreement, past due rent and unlawful detainey
damages to the date the judgment is entered, costs, and attorney’s fees in the amounts evidenced
by declaration. Defendant shall receive credit for any payments made to Plaintiff under the
of this Settlement Agreement.
Plaintiff may move for entry of this stipulated judgment by declaration on an ex parte basis
upon twenty-five hours’ notice to Defendant or to Defendant’s attorney of record, if any.
Plaintiff may give telephonic notice to Defendant by calling Defendant’s phone number (415) +
“4/0-7339, or Defendant’s attorney of record, if any. If Defendant does not have a current phone
number, or an attorney of record, or if Defendant’s or Defendant’s attorney of record, if any,
phone number listed above is not answered and lacks the capability to record a voice mail]
message, Plaintiff may serve notice of any such ex parte application to Defendant by posting
written notice conspicuously at the Premises.
11. Waiver.
a. The parties each hereby waive their right to trial by jury;
b. Defendant waives the right to appeal any judgment entered in this action;
c. Defendant waives the right to seek a stay of eviction;
Defendant waives all right to relief from forfeiture;
e
e. Defendant waives all rights to set aside or vacate the judgment, and all other
relief from judgment;
f. Defendant waives the right to any notice of abandoned property and
stipulates that any personal property left at the Premises may be
immediately disposed of without further notice in the event of judgmenf
entered upon any default by Defendant; and,
g. Defendant waives the right to recover any and all security deposits, and any,
interest thereon, if any, held by Plaintiff, in the event of judgment ente:
upon any default by Defendant.
6
FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL12. Except as otherwise provided for herein in the event of default, Plaintiff and Defendany
agree to bear their own legal costs and attommey’s fees.
13. This Settlement Agreement shall constitute a judicially enforceable settlement as defined
by California Code of Civil Procedure section 664.6. Plaintiff and Defendant request that the
court shall retain jurisdiction over the parties to enforce the Settlement Agreement until 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 cas¢
to trial and waive the provisions of Code of Civil Procedure Section 583.310.
14, In the event that any provision of this Settlement Agreement is determined to be invalid]
illegal, or unenforceable for any reason, the validity, legality and enforceability of the remaining
provisions shall not be affected or impaired thereby.
15. This Settlement Agreement may be executed in counterparts and when each party hag
signed and delivered at least one such counterpart, it shall be deemed an original and taken
together shall constitute one and the same agreement which shall be binding and effective as to
all parties. Fax and PDF signatures are deemed originals for all purposes.
16. The parties agree that none of the provisions of this Settlement Agreement may be
waived, amended or modified unless such waiver, amendment, or modification is made in
writing and signed by both parties and their attorneys of record, if any.
17. Defendant represents and covenants that Defendant has read this Settlement Agreement
and understands the terms and conditions of it, and the legal effects thereof, including, but no’
limited to, the consequences of a default by Defendant. The parties represent and covenant that
they have had the opportunity to consult with legal counsel regarding the terms of this Settlement
Agreement.
i
W
Wt
7
FIRST AMENDED 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.
owe 2/4 [Zop5
atea:_ 2-4-1019
8
FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-06-2015 12:31 pm Case Number: CUD-12-641342 Filing Date: Feb-06-2015 12:31 Filed by: CAROL BALISTRERI Juke Box: 001 Image: 04784715 STIPULATION FOR ENTRY OF JUDGMENT SAN FRANCISCO HOUSING AUTHORITY VS. LLYSA CASTELLANOS et al 001004784715 Instructions: Please place this sheet on top of the document to be scanned.F.Lb de? San Francisco Housing Authorit 15 Bieber AE oe cour an Francisco, Telephone: (415) 715-5940 CLERK OF THE CO Elizabeth L. Hurwitz (SBN: 278846) wy: let 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-12-641342 AUTHORITY, ) } FIRST AMENDED SETTLEMENT Plaintiff, } AGREEMENT AND STIPULATION FOR ) ENTRY OF JUDGMENT OR DISMISSAL v. ) ) LLYSA CASTELLANOS, and DOES 1-10, 3 inclusive, J ) Defendants Plaintiff San Francisco Housing Authority (“Plaintiff”), and Defendant Llysa Castellanos (“Defendant”) enter into the following First Amended Settlement Agreement and Stipulation fo Entry of Judgment or Dismissal (“Settlement Agreement”) in the above-entitled action wit reference to the real property located at, 1520 Sunnydale Ave. San Francisco, California 94134. together with all attendant common areas, garage and storage areas, if any (“Premises”). 1. Each provision of this Settlement Agreement is considered material by the parties. The term of this Settlement Agreement will be from its execution date, until Defendant pays the balance (“Balance”) defined in paragraph three in full (“Termination Date”). Time is of the essence in performance of all obligations hereunder. 2. Defendant shall retain possession of the Premises provided that Defendant complies with all obligations of Defendant under this Settlement Agreement. HW WW 1 FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL3. Payment Terms a. Defendant agrees to pay Plaintiff the sum of $3,774.00 which represents the Balance of past due rent unlawful detainer damages due under this Settlement Agreement through February 28, 2015. Defendant agrees to pay the Balance to Plaintiff according to thd following schedule until the Balance is paid in full. © Defendant to pay $31.00 per month, no later than the first day of each month (“Dud Date”) beginning February 1, 2015 until the entire Balance is paid in full and this Settlement Agreement terminates. If Defendant’s household income increases or decreases, the monthly amount due will increase or decrease so that the payment due is equal to 7.5% of Defendant’s household gross adjusted monthly income. 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, on the first day of each month during the term of this Settlement Agreement. b. In addition to the damages required by Section 3a, beginning February 1, 2015, and continuing through the Termination Date, Defendant will pay Plaintiff, no later than the 1°] of each month, damages in the amount of $122.00, which is equivalent to the current fain monthly rental value of the Premises. Defendant understands that the amount of $122.00 pey month may be increased or 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 ‘ judgment against Defendant for possession of the Premises as well as damages as set fort! 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 similar cases, decisions or laws and specifically waives the right of object to entry of judgment based on these cases, decisions and laws. This waiver of rights by Defendant is a material part of the consideration for Plaintiff agreeing to enter into this Settlement Agreement. 2 FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALc. 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 bd made payable to “San Francisco Housing Authority,” and shall be either hand delivered to the on-site manager of the Building, or mailed to: San Francisco Housing Authority, P.O. Box 526033, Sacramento, CA 95852-6033. 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 ig due to ensure the payment is received by Plaintiff on or before the Due Date as set forth in this Settlement Agreement. Defendant bears the risk for a default under this Settlement Agreement resulting from any lost or delayed payment. d. Defendant understands and agrees that the payments required by 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 unless Defendant has completed all obligations required by this Settlement Agreement. e. Any payment from Defendant, partial or otherwise, will first be applied to amounts due under Section 3b of this Settlement Agreement, and if any portion remains after such application, the remaining portion of the payment shall be applied to the amounts due unded Section 3a. f. Defendant understands and agrees that the acceptance of any full or partial payments due under this Settlement Agreement shall not be deemed to be a waiver of any| preceding or later-occurring default. 4. Defendant represents and covenants that there are no other adult occupants at the Premises, and any other persons at the Premises are merely visitors, guests, or invitees. Defendant will not sublet or assign any interest in the Premises and will not allow any othey person to reside in the Premises. 5. Defendant’s tenancy has been terminated, however, Defendant shall comply with] all obligations of Defendant under the rental agreement and the house rules, if any, as if the tenancy has not been terminated, except for those related to payment of rent, length of terms, extension of term, and grievance procedures except as otherwise set forth herein. Inclusion o7 3 FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALreference to the rental agreement and House Rules shall not act to create or reinstate Defendant’s tenancy at the Premises. If there is any conflict between the rental agreement and this Settlement Agreement, the terms of this Settlement Agreement shall control in all respects. octet additionally agrees as follows: a. Defendant, Household Members, guests of Household Members and othey persons under the control of Defendant in and near the Housing Development will not engage in any criminal activity on or off the Housing Development. Defendant, Household Members, guests of Household Members and other persons under the control of Defendant in and around the Housing Development will not engage in any drug-related criminal activity on or off the Housing Development. Defendant, Household Members, guests of Household Members and other persons under the control of Defendant will not possess, sell, give away, cultivate. manufacture, or use, any illegal drugs, narcotics, or controlled substances, and will not possesg any device used for smoking or injecting a controlled substance, on or off the Housing Development; 6. While Defendant remains in possession of the Premises, Defendant will comply with all annual or interim recertification procedures upon Plaintiff’s written request. Neither a request for, nor the participation in, the recertification process, will be deemed a waiver, change, o7 cancellation of this Settlement Agreement. 7. The parties expressly stipulate that if Defendant transfers to another rental unit owned oy managed by Plaintiff, or to any HOPE VI of HOPE SF development in San Francisco, the signing of a lease for that rental unit and otherwise undergoing the transfer process will not be deemed a waiver, change, or cancellation of this Settlement Agreement. The occupancy in such rental unit or rental units shall be governed by the provisions of this Settlement Agreement 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 3a of this Settlement Agreement will continue to be paid by Defendant, pursuant to the payment schedule set forth in Section 3a. The payment amount set forth in Section 3b will be adjusted accordingly to reflect 4 FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALthe fair market monthly rental rate for the rental unit to which Defendant is being transferred into. The parties stipulate that the “Premises” includes any unit that Defendant may transfer into during the term of this Settlement Agreement. The parties stipulate that the unlawful detainey complaint can be amended to substitute that rental unit as the premises which are the subject in the unlawful detainer action in the place of the currently defined “Premises.” The parties stipulate that Plaintiff may seek an order to amend the complaint on an ex parte basis alone, oy after a default by Defendant combined with an ex parte application for judgment. 8. Defendant hereby releases Plaintiff, it’s principles, attorneys, employees, representatives] and agents from any and all claims, debts, actions, causes of action, liabilities, demands] damages, losses, and lawsuits, of every kind, nature or description, in Jaw or in equity, whethey known or unknown, suspected or unsuspected, fixed or contingent, presently existing or however arising out of Defendant’s tenancy at the Premises, the termination of Defendant’s tenancy and the instant action. Defendant is aware of the provisions of Civil Code section 1542 which provides in pertinent part: “A general release does not extend to claims which the greditor does not know or suspect to exist in bis favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Defendant expressly waives the provisions of Civil Code section 1542 and any rights Defendant may have to invoke said provision or any similar provision or rule of the common law, now oj 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 th¢ extinguishment of all existing obligations. 9. At the termination of this Settlement Agreement, as long as Defendant is not in default with respect to any provision of this Settlement Agreement, Plaintiff will file a Request for Entry of Dismissal of this action, and will reinstate Defendant’s tenancy. 5 FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL10. Except as expressly stated herein, in the event Defendant is in default with respect to any provision of this Settlement Agreement, Plaintiff is entitled to entry of judgment for possession of the Premises, for forfeiture of the rental agreement, past due rent and unlawful detainey damages to the date the judgment is entered, costs, and attorney’s fees in the amounts evidenced by declaration. Defendant shall receive credit for any payments made to Plaintiff under the of this Settlement Agreement. Plaintiff may move for entry of this stipulated judgment by declaration on an ex parte basis upon twenty-five hours’ notice to Defendant or to Defendant’s attorney of record, if any. Plaintiff may give telephonic notice to Defendant by calling Defendant’s phone number (415) + “4/0-7339, or Defendant’s attorney of record, if any. If Defendant does not have a current phone number, or an attorney of record, or if Defendant’s or Defendant’s attorney of record, if any, phone number listed above is not answered and lacks the capability to record a voice mail] message, Plaintiff may serve notice of any such ex parte application to Defendant by posting written notice conspicuously at the Premises. 11. Waiver. a. The parties each hereby waive their right to trial by jury; b. Defendant waives the right to appeal any judgment entered in this action; c. Defendant waives the right to seek a stay of eviction; Defendant waives all right to relief from forfeiture; e e. Defendant waives all rights to set aside or vacate the judgment, and all other relief from judgment; f. Defendant waives the right to any notice of abandoned property and stipulates that any personal property left at the Premises may be immediately disposed of without further notice in the event of judgmenf entered upon any default by Defendant; and, g. Defendant waives the right to recover any and all security deposits, and any, interest thereon, if any, held by Plaintiff, in the event of judgment ente: upon any default by Defendant. 6 FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL12. Except as otherwise provided for herein in the event of default, Plaintiff and Defendany agree to bear their own legal costs and attommey’s fees. 13. This Settlement Agreement shall constitute a judicially enforceable settlement as defined by California Code of Civil Procedure section 664.6. Plaintiff and Defendant request that the court shall retain jurisdiction over the parties to enforce the Settlement Agreement until 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 cas¢ to trial and waive the provisions of Code of Civil Procedure Section 583.310. 14, In the event that any provision of this Settlement Agreement is determined to be invalid] illegal, or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 15. This Settlement Agreement may be executed in counterparts and when each party hag signed and delivered at least one such counterpart, it shall be deemed an original and taken together shall constitute one and the same agreement which shall be binding and effective as to all parties. Fax and PDF signatures are deemed originals for all purposes. 16. The parties agree that none of the provisions of this Settlement Agreement may be waived, amended or modified unless such waiver, amendment, or modification is made in writing and signed by both parties and their attorneys of record, if any. 17. Defendant represents and covenants that Defendant has read this Settlement Agreement and understands the terms and conditions of it, and the legal effects thereof, including, but no’ limited to, the consequences of a default by Defendant. The parties represent and covenant that they have had the opportunity to consult with legal counsel regarding the terms of this Settlement Agreement. i W Wt 7 FIRST AMENDED 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. owe 2/4 [Zop5 atea:_ 2-4-1019 8 FIRST AMENDED SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL