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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-22-2015 8:39 am
Case Number: CUD-12-641342
Filing Date: Jan-22-2015 8:39
Filed by:
Juke Box: 001 Image: 04762837
DECLARATION
SAN FRANCISCO HOUSING AUTHORITY VS. LLYSA CASTELLANOS et al
001004762837
Instructions:
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Elizabeth L. Hurwitz (SBN #278846)
San Francisco Housing Authority
1815 Egbert Avenue 3” Floor
San Francisco, CA 94124
hurwitze@sfha.org
Phone: (415) 715-3950
Fax: (415) 715-3201
Attorney for Plaintiff
San Francisco Housing Authority
JAN 2 2 2015
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on Den OFTHE cour
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
SAN FRANCISCO HOUSING ) Case No.: CUD-12-641342
AUTHORITY, )
) DECLARATION OF ATTORNEY
Plaintiff, ) ELIZABETH HURWITZ IN SUPPORT
) OF PLAINTIFFS EX PARTE .
v. } APPLICATION FOR ENTRY OF
JUDGM
LLYSA CASTELLANOS and DOES 1-10, ; ENT
inclusive, ) Hearing Date: January 26, 2015
) Time: 11:00 a.m.
Defendant ) Dept: 501
I, Elizabeth Hurwitz, declare as follows:
1. I am the attorney for the Plaintiff in this action and have personal knowledge of
the facts stated in this Declaration and would and could competently testify thereto.
2. Based on information and belief, on or about June 19, 2012 Plaintiff and
Defendant entered into the Settlement Agreement and Stipulation for Entry of Judgment or
Dismissal in the San Francisco Superior Court, Case Number CUD-12-641342. Said Settlement
Agreement was filed with this court on June 25, 2012. A true and correct copy of the Settlement
Agreement is attached as Exhibit A.
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DECLARATION OF ELIZABETH HURWITZ IN SUPPORT OF PLAINTIFF SAN FRANCISCO
HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENTBe
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3. Paragraph four states that if Defendant breach paragraph two or three of the
Settlement Agreement, it will be considered a material breach of this Settlement Agreement and
Plaintiff will be entitled to entry of judgment for possession of the Premises, issuance of a writ
of possession and forfeiture of the rental agreement and any unpaid balance then due and owing,
Paragraph four further provides that Plaintiff may move for entry of judgment via ex parte
application upon seven days’ written notice to Defendant if Defendant breached the Settlement
Agreement.
4, Paragraph 6 of the Settlement Agreement states that, “If Defendant transfers to
another rental unit owned or managed by Plaintiff after the execution of this Stipulation,
Defendant agrees that all terms and conditions of this Stipulation will transfer and apply to any
such rental unit that she may transfer or move to during the term of this Stipulation including
but not limited to the Termination Date.”
5. On January 14, 2015, I mailed a letter to Defendant giving her seven days’ writte:
notice of the Ex Parte Application Hearing scheduled for December 29, 2014, at 11:00 a.m. in
Dept. 501 of the San Francisco Superior Courthouse located at 400 McAllister Street, San
Francisco, CA 94102. A true and correct copy of this written notice to Defendant is attached as
Exhibit B to this Declaration.
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 in San Francisco, California
on_l/Z@
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DECLARATION OF ELIZABETH HURWITZ IN SUPPORT OF PLAINTIFF SAN FRANCISCO
HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENTEXHIBIT AMonelle Palencia (SBN #258038)
Bill Ford (SBN #225664) ENDORSED
Sen Franciseo Housing Authority Sin Fane chins sD rc
Sacra CAS cuemormeen
Facsimile: (415) 715-3956 By: FONE OTERO
Attorneys for Plaintiff Deputy Clerk
San Francisco Housing Authority
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
SAN FRANCISCO HOUSING Case No.: CUD-12-641342
AUTHORITY,
) SETTLEMENT AGREEMENT AND
Plaintiff, ) STIPULATION FOR ENTRY OF
) JUDGMENT OR DISMISSAL
v. )
)
LLYSA CASTELLANOS, and DOES 1-10, }
inclusive, J
)
Defendants
Plaintiff San Francisco Housing Authority (“Plaintiff”), and defendant Llysa Castellanos.
(“Defendant”) enter into the above Settlement Agreement and Stipulation for Entry of Judgment
or Dismissal (“Stipulation”) in the above-entitled action with reference to the real property
located at 33 Dakota St., San Francisco, CA 94107 (“Premises”). Defendant acknowledges that
her tenancy has been terminated and her rental agreement has been forfeited. However, Plaintiff
and Defendant agree that Defendant may maintain possession of the Premises, so long as she
complies with the terms of this Stipulation.
1. Each provision of this Stipulation is considered material by the parties. Time is of the
essence in performance of all obligations hereunder. The term of this Stipulation will be from
the date that the parties execute this Stipulation until Defendant pays off the balance in paragraph
1
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALthree in full. (“Termination Date”). If Defendant’s income should decrease pursuant to
paragraph three, the amount of the payment due and owing under paragraph three will be
decreased so that it remains no more than 7.5% of Defendant’s adjusted income. If Defendant’s
income should decrease pursuant to paragraph three, the Termination Date of this Stipulation
will continue until Defendant pays off the balance in paragraph three in full. At the termination
of this Stipulation, as long as Defendant is not in default with respect to any provision of this
Stipulation, Defendant’s tenancy will be automatically reinstated and Plaintiff will file a Request
for Entry of Dismissal.
2. Beginning on July 1, 2012, Defendant shall pay damages in an amount equivalent to
the monthly rental rate of eighty-three dollars ($83.00) on or before the fifth of each month. If
the damage amount is adjusted due to a change in Defendant’s income, Defendant shall pay the
adjusted damage amount.
3. In addition to the damages payable pursuant to paragraph two above, Defendant
agrees that she owes Plaintiff the sum of one thousand six hundred one dollars ($1,601.00) which}
represents unlawful detainer damages for the period ending June 30, 2012. Beginning July 1,
2012, Defendant shall pay, on or before the fifth of each month, damages in the amount of
twenty-five dollars ($25.00) toward the Balance, calculated at no more than 7.5% of Defendant’s
adjusted monthly income. If Defendant’s income should decrease, the amount of this payment
will be decreased so that it remains no more than 7.5% of Defendant’s adjusted monthly income.
It remains Defendant’s obligation to report changes in income in accordance with her rental
agreement. Defendant may make additional payments toward the Balance or pay off the Balance
in full at any time.
4. If Defendant breaches paragraphs two or three of this Stipulation it will be considered
a material breach of this Stipulation and Plaintiff is entitled to entry of judgment for possession
of the Premises, issuance of a writ of possession and forfeiture of the rental agreement and any
unpaid balance then due and owing. After the first missed payment future payments will be
adjusted to reflect the missed payment as well as the recurring obligations under this Stipulation.
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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALPlaintiff may move for entry of judgment via ex parte application upon seven days written notice
to Defendant.
5. Defendant understands and agrees that the payments required by this Stipulation do
not constitute rent nor do they act to create a new tenancy or reinstate Defendant’s tenancy but
instead are damages pursuant to settlement unless and until she has completed all obligations
required by this Stipulation. After expiration of this Stipulation and dismissal of this case, all
payments made pursuant to sections two and three will be credited to Defendant as rent.
Defendant further agrees that any recertification of Defendant during the pendency of this
Stipulation will not reinstate her tenancy or act as a waiver of Plaintiff's rights under this
Stipulation.
6. If Defendant transfers to another rental unit owned or managed by Plaintiff after
execution of this Stipulation, Defendant agrees that all terms and conditions of this Stipulation
will transfer and apply to any such rental unit that she may transfer or move to during the terms
of this Stipulation including but not limited to the Termination Date. The signing of a rental
agreement for any other rental unit owned or managed by Plaintiff after execution of this
Stipulation will not invalidate, cancel, waive, or terminate the repayment plan set forth in
sections two and three of this Stipulation.
7. Defendant acknowledges that her tenancy has been terminated and the rental
agreement has been forfeited. However, Defendant agrees to fully comply with all obligations
under the rental agreement, the guest policy and house rules, as if her tenancy had not been
terminated, except for those obligations related to payment of unlawful detainer damages, length
of term, extension of term, recertification and except as otherwise set forth herein. As such,
grievance procedure provisions of the rental agreement will remain in effect for all issues not
specifically covered by this Stipulation. Inclusion or reference to the rental agreement, guest
policy, and house rules will not act to create or reinstate Defendant’s tenancy at the Premises. If
there is any conflict between the rental agreement and this Stipulation, the terms of this
Stipulation will control in all respects.
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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL8. Plaintiff and Defendant each acknowledge they have the right to a trial by jury and
with full knowledge of the legal consequences; the parties each hereby waive their right to a trial
by jury. Defendant knowingly and voluntarily waives the right to appeal any judgment or writ
of possession entered pursuant to this Stipulation, or to file any motions for relief from forfeiture,
to set aside, or vacate any judgment or writ of possession.
9. This Stipulation sets forth the entire understanding of the parties in connection with
the subject matter hereof. None of the parties hereto have made any statement, representation, or|
warranty in connection herewith which has been relied upon by any other party hereto or which
has been an inducement for any party to enter into this Stipulation, except as expressly set forth
herein. It is expressly understood and agreed that this Stipulation may not be altered, modified,
amended, or otherwise changed in any respect whatsoever, except by written agreement of the
parties. The parties agree that they will make no claim at any time that this Stipulation has been
altered or modified or otherwise changed by oral communication of any kind or character.
10. Each of the parties hereto represents and warrants that they have not heretofore
assigned or transferred or purported to transfer or assign to any person, firm, or corporation any
claim, demand, damages, debt, liability, action, or cause of action herein released. Each party
hereto agrees to indemnify and hold harmless each other party hereto against any claim, demand,
damages, debt, liability, action, cause of action cost or expense including attorneys’ fees actually
paid or incurred, arising out of or in connection with any such transfer or assignment or
purported or claimed transfer or assignment.
11. Nothing contained herein shall be construed as an admission by any party hereto of
any liability of any kind or any other party or entity.
12. Except as otherwise provided herein, the parties hereby wholly release and forever
discharge the principals, 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, including this litigation, in law or in equity, whether known or
unknown, suspected or unsuspected, fixed or contingent, that the parties have or may have
against each other arising out of the termination of Defendant’s tenancy and the instant action.
4
SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALThe parties are aware of the provisions of Civil Code section 1542 which provides in pertinent
part:
“A general release does not extend to claims which the
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.”
The parties expressly waive the provisions of Civil Code section 1542 and any rights the:
may have to invoke said provision or any similar provision or rule of the common law, now or in
the future relating to the instant action. The parties acknowledge that they voluntary execute this
Stipulation with full knowledge of its significance and with the express intent of the
extinguishment of all existing obligations.
13. Notwithstanding paragraph twelve of the Stipulation, Plaintiff and Defendant agree
that they will each retain the following claims or agree to resolve existing claims or disputes in
the following manner:
14. Notwithstanding paragraph ten of this Stipulation, Plaintiff and Defendant agree to
bear their own legal costs and attorneys’ fees pertaining to the instant action.
15. This Stipulation shall constitute a judicially enforceable settlement as defined by
California Code of Civil Procedure section 664.6. As such, the court shall retain jurisdiction
over the parties to enforce the Stipulation and any Judgment.
16. In the event that any provision of this Stipulation 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.
17. Defendant acknowledges she has read this Stipulation and/or had it explained to her
and understands the terms and conditions of it, and the legal effects thereof, including, but not
limited to, the consequences of a default by Defendant.
18. This Stipulation may be executed in counterparts and when each party has signed and
delivered at least one such counterpart, it shall be deemed an original and taken together shall
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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL,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.
SIGNATURES
In agreement with the terms and conditions of this Stipulation, the parties hereby execute
this Stipulation.
Dated: 6\4- Jo\2 By: liga ( zk Alloys,
Llysa'Castellanos, Defendant
Dated: le | l Y { 2 By:
Authorized Agent for San Franc
Housing Authority
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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALEXHIBIT Be ©@
SAN FRANCISCO HOUSING AUTHORITY
Office of Lease Enforcement
1815 Egbert Avenue + San Francisco CA * 94124
(415) 715-3950 * Facsimile (415) 715-3956
January 14, 2015
VIA U.S. MAIL
Llysa Castellanos
1520 Sunnydale Ave.
San Francisco CA 94134
Re: Notice of Ex Parte Application in SFHA v Llysa Castellanos et. al., (CUD-12-641342)
Dear Ms. Castellanos:
This letter shall serve as notice that Plaintiff San Francisco Housing Authority will appear ex parte
on January 26, 2015 at 11:00 am. in department 501 of the San Francisco Superior Court located at 400
McAllister Street, San Francisco, California seeking entry of judgment in this matter due to your breach of
the Settlement Agreement signed June 19, 2012.
Sdn Francisco Housing AuthorityElizabeth L. Hurwitz (SBN #278846)
San Francisco Housi uthority
1815 Egbert Avenue 3™ Floor
San ioeaetha CA 94124
urwit org
Phone: (415) 715-3950
Fax: (415) 715-3201
Defendant Dept: 501
Attomey for Plaintiff
San Francisco Housing Authority
SUPERIOR COURT OF THE STATE OF CALIFORNIA
: COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
VIR FAX
SAN FRANCISCO HOUSING ) Case No.: CUD-12-641342
AUTHORITY,
} DECLARATION OF PROPERTY
Plaintiff, ) MANAGER CARLO BILBAO IN_
) SUPPORT OF PLAINTIFE’S EX PARTE
v. ) APPLICATION FOR ENTRY OF
2 JUDGMENT
LLYSA CASTELLANOS and DOES 1-10, }
inclusive, ), Hearing Date: January 26, 2015
) Time: 11:00 a.m.
d
)
I, Carlo Bilbao, declare as follows:
1. Iam making this declaration based upon my personal knowledge and if called upon
to testify, I could and would testify competently thereto.
2. [am an employee of the San Francisco Housing Authority (‘Plaintiff’) and, am the
Property Manager for the public housing development where Defendant resides. I.am responsibl
for processing rent payments.
4. Plaintiff is the owner/manager of the public housing development and the rental dwelling
known as 1520 Sunnydale Ave. San Francisco, California 94134 (“Premises”).
DECLERATION OF PROPERTY MANAGER CARLO BILBAO IN SUPPORT OF
PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF
JUDGMENT5. As part of my duties and responsibilities as Property Manager, I am familiar with the
provisions of Plaintiff's rental agreement.
6. Based on information and belief, on or about June 19, 2012, Plaintiffs agent Will Daniels
was present with Defendant at Plaintiff's office whereby both parties negotiated and executed a
document entitled Settlement Agreement and Stipulation for Entry of Judgment or Dismissal
K‘‘Settlement Agreement”), filed with this court on June 25, 2012.
7. Paragraph three of the Settlement Agreement required monthly damage payments toward
the back rent owed and stated that Defendant would pay damages, on or before the fifth of each
month, in the amount of twenty-five dollars ($25.00). Defendant failed to make any payments
required by paragraph three for January 2013, February 2013, April 2013, May 2013, June 2013,
July 2013, August 2013, September 2013, October 2013, November 2013, December 2013,
January 2014, February 2014, March 2014, March 2014, May 2014, July 2014, August 2014,
September 2014, November 2014, December 2014 and January 2015.
8. Paragraph two of the Settlement Agreement required Defendant to make monthly rent
payments, on or before the fifth of each month, in the amount of eighty-three dollars: ($83.00).
Defendant failed to make any payments required by paragraph two for January 2013, February
2013, April 2013. May 2013; June 2013, July 2013, August 2013, September 2013, November
2013, December 2013, January 2014, February 2014, March 2014, May 2014, July 2014, August
2014, September 2014, November 2014, December 2014, and January 2015.
9. On or about July 16, 2013, Defendant moved from the identified Premises in the
Settlement Agreement, at 33’ Dakota San Francisco CA 94107, to another unit owned and
managed by Plaintiff at 1520 Sunnydale Ave. San Francisco CA 94134.
I declare under penalty of perjury under the laws of the state of California that the
foregoing is true and correct except as to those matters which are stated upon information and
belief and as to those matters I believe them to be true.
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DECLERATION OF PROPERTY MANAGER CARLO BILBAO IN SUPPORT.OF
PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY'S EX PARTE APPLICATION FOR ENTRY OF
JUDGMENTe
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This declaration was executed at San Francisco, California.
Dated: //Z. io By:
Carlo Bill
Via
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DECLERATION OF PROPERTY MANAGER CARLO BILBAO IN SUPPORT OF
PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF
JUDGMENT
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TO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-22-2015 8:39 am Case Number: CUD-12-641342 Filing Date: Jan-22-2015 8:39 Filed by: Juke Box: 001 Image: 04762837 DECLARATION SAN FRANCISCO HOUSING AUTHORITY VS. LLYSA CASTELLANOS et al 001004762837 Instructions: Please place this sheet on top of the document to be scanned.w Nn wo . wo a x o © 10 Elizabeth L. Hurwitz (SBN #278846) San Francisco Housing Authority 1815 Egbert Avenue 3” Floor San Francisco, CA 94124 hurwitze@sfha.org Phone: (415) 715-3950 Fax: (415) 715-3201 Attorney for Plaintiff San Francisco Housing Authority JAN 2 2 2015 g on Den OFTHE cour SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO LIMITED JURISDICTION SAN FRANCISCO HOUSING ) Case No.: CUD-12-641342 AUTHORITY, ) ) DECLARATION OF ATTORNEY Plaintiff, ) ELIZABETH HURWITZ IN SUPPORT ) OF PLAINTIFFS EX PARTE . v. } APPLICATION FOR ENTRY OF JUDGM LLYSA CASTELLANOS and DOES 1-10, ; ENT inclusive, ) Hearing Date: January 26, 2015 ) Time: 11:00 a.m. Defendant ) Dept: 501 I, Elizabeth Hurwitz, declare as follows: 1. I am the attorney for the Plaintiff in this action and have personal knowledge of the facts stated in this Declaration and would and could competently testify thereto. 2. Based on information and belief, on or about June 19, 2012 Plaintiff and Defendant entered into the Settlement Agreement and Stipulation for Entry of Judgment or Dismissal in the San Francisco Superior Court, Case Number CUD-12-641342. Said Settlement Agreement was filed with this court on June 25, 2012. A true and correct copy of the Settlement Agreement is attached as Exhibit A. -1- DECLARATION OF ELIZABETH HURWITZ IN SUPPORT OF PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENTBe n w = w 2 © 3. Paragraph four states that if Defendant breach paragraph two or three of the Settlement Agreement, it will be considered a material breach of this Settlement Agreement and Plaintiff will be entitled to entry of judgment for possession of the Premises, issuance of a writ of possession and forfeiture of the rental agreement and any unpaid balance then due and owing, Paragraph four further provides that Plaintiff may move for entry of judgment via ex parte application upon seven days’ written notice to Defendant if Defendant breached the Settlement Agreement. 4, Paragraph 6 of the Settlement Agreement states that, “If Defendant transfers to another rental unit owned or managed by Plaintiff after the execution of this Stipulation, Defendant agrees that all terms and conditions of this Stipulation will transfer and apply to any such rental unit that she may transfer or move to during the term of this Stipulation including but not limited to the Termination Date.” 5. On January 14, 2015, I mailed a letter to Defendant giving her seven days’ writte: notice of the Ex Parte Application Hearing scheduled for December 29, 2014, at 11:00 a.m. in Dept. 501 of the San Francisco Superior Courthouse located at 400 McAllister Street, San Francisco, CA 94102. A true and correct copy of this written notice to Defendant is attached as Exhibit B to this Declaration. 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 in San Francisco, California on_l/Z@ -2- DECLARATION OF ELIZABETH HURWITZ IN SUPPORT OF PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENTEXHIBIT AMonelle Palencia (SBN #258038) Bill Ford (SBN #225664) ENDORSED Sen Franciseo Housing Authority Sin Fane chins sD rc Sacra CAS cuemormeen Facsimile: (415) 715-3956 By: FONE OTERO Attorneys for Plaintiff Deputy Clerk San Francisco Housing Authority SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO LIMITED JURISDICTION SAN FRANCISCO HOUSING Case No.: CUD-12-641342 AUTHORITY, ) SETTLEMENT AGREEMENT AND Plaintiff, ) STIPULATION FOR ENTRY OF ) JUDGMENT OR DISMISSAL v. ) ) LLYSA CASTELLANOS, and DOES 1-10, } inclusive, J ) Defendants Plaintiff San Francisco Housing Authority (“Plaintiff”), and defendant Llysa Castellanos. (“Defendant”) enter into the above Settlement Agreement and Stipulation for Entry of Judgment or Dismissal (“Stipulation”) in the above-entitled action with reference to the real property located at 33 Dakota St., San Francisco, CA 94107 (“Premises”). Defendant acknowledges that her tenancy has been terminated and her rental agreement has been forfeited. However, Plaintiff and Defendant agree that Defendant may maintain possession of the Premises, so long as she complies with the terms of this Stipulation. 1. Each provision of this Stipulation is considered material by the parties. Time is of the essence in performance of all obligations hereunder. The term of this Stipulation will be from the date that the parties execute this Stipulation until Defendant pays off the balance in paragraph 1 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALthree in full. (“Termination Date”). If Defendant’s income should decrease pursuant to paragraph three, the amount of the payment due and owing under paragraph three will be decreased so that it remains no more than 7.5% of Defendant’s adjusted income. If Defendant’s income should decrease pursuant to paragraph three, the Termination Date of this Stipulation will continue until Defendant pays off the balance in paragraph three in full. At the termination of this Stipulation, as long as Defendant is not in default with respect to any provision of this Stipulation, Defendant’s tenancy will be automatically reinstated and Plaintiff will file a Request for Entry of Dismissal. 2. Beginning on July 1, 2012, Defendant shall pay damages in an amount equivalent to the monthly rental rate of eighty-three dollars ($83.00) on or before the fifth of each month. If the damage amount is adjusted due to a change in Defendant’s income, Defendant shall pay the adjusted damage amount. 3. In addition to the damages payable pursuant to paragraph two above, Defendant agrees that she owes Plaintiff the sum of one thousand six hundred one dollars ($1,601.00) which} represents unlawful detainer damages for the period ending June 30, 2012. Beginning July 1, 2012, Defendant shall pay, on or before the fifth of each month, damages in the amount of twenty-five dollars ($25.00) toward the Balance, calculated at no more than 7.5% of Defendant’s adjusted monthly income. If Defendant’s income should decrease, the amount of this payment will be decreased so that it remains no more than 7.5% of Defendant’s adjusted monthly income. It remains Defendant’s obligation to report changes in income in accordance with her rental agreement. Defendant may make additional payments toward the Balance or pay off the Balance in full at any time. 4. If Defendant breaches paragraphs two or three of this Stipulation it will be considered a material breach of this Stipulation and Plaintiff is entitled to entry of judgment for possession of the Premises, issuance of a writ of possession and forfeiture of the rental agreement and any unpaid balance then due and owing. After the first missed payment future payments will be adjusted to reflect the missed payment as well as the recurring obligations under this Stipulation. 2 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALPlaintiff may move for entry of judgment via ex parte application upon seven days written notice to Defendant. 5. Defendant understands and agrees that the payments required by this Stipulation do not constitute rent nor do they act to create a new tenancy or reinstate Defendant’s tenancy but instead are damages pursuant to settlement unless and until she has completed all obligations required by this Stipulation. After expiration of this Stipulation and dismissal of this case, all payments made pursuant to sections two and three will be credited to Defendant as rent. Defendant further agrees that any recertification of Defendant during the pendency of this Stipulation will not reinstate her tenancy or act as a waiver of Plaintiff's rights under this Stipulation. 6. If Defendant transfers to another rental unit owned or managed by Plaintiff after execution of this Stipulation, Defendant agrees that all terms and conditions of this Stipulation will transfer and apply to any such rental unit that she may transfer or move to during the terms of this Stipulation including but not limited to the Termination Date. The signing of a rental agreement for any other rental unit owned or managed by Plaintiff after execution of this Stipulation will not invalidate, cancel, waive, or terminate the repayment plan set forth in sections two and three of this Stipulation. 7. Defendant acknowledges that her tenancy has been terminated and the rental agreement has been forfeited. However, Defendant agrees to fully comply with all obligations under the rental agreement, the guest policy and house rules, as if her tenancy had not been terminated, except for those obligations related to payment of unlawful detainer damages, length of term, extension of term, recertification and except as otherwise set forth herein. As such, grievance procedure provisions of the rental agreement will remain in effect for all issues not specifically covered by this Stipulation. Inclusion or reference to the rental agreement, guest policy, and house rules will not act to create or reinstate Defendant’s tenancy at the Premises. If there is any conflict between the rental agreement and this Stipulation, the terms of this Stipulation will control in all respects. 3 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL8. Plaintiff and Defendant each acknowledge they have the right to a trial by jury and with full knowledge of the legal consequences; the parties each hereby waive their right to a trial by jury. Defendant knowingly and voluntarily waives the right to appeal any judgment or writ of possession entered pursuant to this Stipulation, or to file any motions for relief from forfeiture, to set aside, or vacate any judgment or writ of possession. 9. This Stipulation sets forth the entire understanding of the parties in connection with the subject matter hereof. None of the parties hereto have made any statement, representation, or| warranty in connection herewith which has been relied upon by any other party hereto or which has been an inducement for any party to enter into this Stipulation, except as expressly set forth herein. It is expressly understood and agreed that this Stipulation may not be altered, modified, amended, or otherwise changed in any respect whatsoever, except by written agreement of the parties. The parties agree that they will make no claim at any time that this Stipulation has been altered or modified or otherwise changed by oral communication of any kind or character. 10. Each of the parties hereto represents and warrants that they have not heretofore assigned or transferred or purported to transfer or assign to any person, firm, or corporation any claim, demand, damages, debt, liability, action, or cause of action herein released. Each party hereto agrees to indemnify and hold harmless each other party hereto against any claim, demand, damages, debt, liability, action, cause of action cost or expense including attorneys’ fees actually paid or incurred, arising out of or in connection with any such transfer or assignment or purported or claimed transfer or assignment. 11. Nothing contained herein shall be construed as an admission by any party hereto of any liability of any kind or any other party or entity. 12. Except as otherwise provided herein, the parties hereby wholly release and forever discharge the principals, 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, including this litigation, in law or in equity, whether known or unknown, suspected or unsuspected, fixed or contingent, that the parties have or may have against each other arising out of the termination of Defendant’s tenancy and the instant action. 4 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALThe parties are aware of the provisions of Civil Code section 1542 which provides in pertinent part: “A general release does not extend to claims which the 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.” The parties expressly waive the provisions of Civil Code section 1542 and any rights the: may have to invoke said provision or any similar provision or rule of the common law, now or in the future relating to the instant action. The parties acknowledge that they voluntary execute this Stipulation with full knowledge of its significance and with the express intent of the extinguishment of all existing obligations. 13. Notwithstanding paragraph twelve of the Stipulation, Plaintiff and Defendant agree that they will each retain the following claims or agree to resolve existing claims or disputes in the following manner: 14. Notwithstanding paragraph ten of this Stipulation, Plaintiff and Defendant agree to bear their own legal costs and attorneys’ fees pertaining to the instant action. 15. This Stipulation shall constitute a judicially enforceable settlement as defined by California Code of Civil Procedure section 664.6. As such, the court shall retain jurisdiction over the parties to enforce the Stipulation and any Judgment. 16. In the event that any provision of this Stipulation 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. 17. Defendant acknowledges she has read this Stipulation and/or had it explained to her and understands the terms and conditions of it, and the legal effects thereof, including, but not limited to, the consequences of a default by Defendant. 18. This Stipulation may be executed in counterparts and when each party has signed and delivered at least one such counterpart, it shall be deemed an original and taken together shall 5 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL,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. SIGNATURES In agreement with the terms and conditions of this Stipulation, the parties hereby execute this Stipulation. Dated: 6\4- Jo\2 By: liga ( zk Alloys, Llysa'Castellanos, Defendant Dated: le | l Y { 2 By: Authorized Agent for San Franc Housing Authority 6 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSALEXHIBIT Be ©@ SAN FRANCISCO HOUSING AUTHORITY Office of Lease Enforcement 1815 Egbert Avenue + San Francisco CA * 94124 (415) 715-3950 * Facsimile (415) 715-3956 January 14, 2015 VIA U.S. MAIL Llysa Castellanos 1520 Sunnydale Ave. San Francisco CA 94134 Re: Notice of Ex Parte Application in SFHA v Llysa Castellanos et. al., (CUD-12-641342) Dear Ms. Castellanos: This letter shall serve as notice that Plaintiff San Francisco Housing Authority will appear ex parte on January 26, 2015 at 11:00 am. in department 501 of the San Francisco Superior Court located at 400 McAllister Street, San Francisco, California seeking entry of judgment in this matter due to your breach of the Settlement Agreement signed June 19, 2012. Sdn Francisco Housing AuthorityElizabeth L. Hurwitz (SBN #278846) San Francisco Housi uthority 1815 Egbert Avenue 3™ Floor San ioeaetha CA 94124 urwit org Phone: (415) 715-3950 Fax: (415) 715-3201 Defendant Dept: 501 Attomey for Plaintiff San Francisco Housing Authority SUPERIOR COURT OF THE STATE OF CALIFORNIA : COUNTY OF SAN FRANCISCO LIMITED JURISDICTION VIR FAX SAN FRANCISCO HOUSING ) Case No.: CUD-12-641342 AUTHORITY, } DECLARATION OF PROPERTY Plaintiff, ) MANAGER CARLO BILBAO IN_ ) SUPPORT OF PLAINTIFE’S EX PARTE v. ) APPLICATION FOR ENTRY OF 2 JUDGMENT LLYSA CASTELLANOS and DOES 1-10, } inclusive, ), Hearing Date: January 26, 2015 ) Time: 11:00 a.m. d ) I, Carlo Bilbao, declare as follows: 1. Iam making this declaration based upon my personal knowledge and if called upon to testify, I could and would testify competently thereto. 2. [am an employee of the San Francisco Housing Authority (‘Plaintiff’) and, am the Property Manager for the public housing development where Defendant resides. I.am responsibl for processing rent payments. 4. Plaintiff is the owner/manager of the public housing development and the rental dwelling known as 1520 Sunnydale Ave. San Francisco, California 94134 (“Premises”). DECLERATION OF PROPERTY MANAGER CARLO BILBAO IN SUPPORT OF PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT5. As part of my duties and responsibilities as Property Manager, I am familiar with the provisions of Plaintiff's rental agreement. 6. Based on information and belief, on or about June 19, 2012, Plaintiffs agent Will Daniels was present with Defendant at Plaintiff's office whereby both parties negotiated and executed a document entitled Settlement Agreement and Stipulation for Entry of Judgment or Dismissal K‘‘Settlement Agreement”), filed with this court on June 25, 2012. 7. Paragraph three of the Settlement Agreement required monthly damage payments toward the back rent owed and stated that Defendant would pay damages, on or before the fifth of each month, in the amount of twenty-five dollars ($25.00). Defendant failed to make any payments required by paragraph three for January 2013, February 2013, April 2013, May 2013, June 2013, July 2013, August 2013, September 2013, October 2013, November 2013, December 2013, January 2014, February 2014, March 2014, March 2014, May 2014, July 2014, August 2014, September 2014, November 2014, December 2014 and January 2015. 8. Paragraph two of the Settlement Agreement required Defendant to make monthly rent payments, on or before the fifth of each month, in the amount of eighty-three dollars: ($83.00). Defendant failed to make any payments required by paragraph two for January 2013, February 2013, April 2013. May 2013; June 2013, July 2013, August 2013, September 2013, November 2013, December 2013, January 2014, February 2014, March 2014, May 2014, July 2014, August 2014, September 2014, November 2014, December 2014, and January 2015. 9. On or about July 16, 2013, Defendant moved from the identified Premises in the Settlement Agreement, at 33’ Dakota San Francisco CA 94107, to another unit owned and managed by Plaintiff at 1520 Sunnydale Ave. San Francisco CA 94134. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct except as to those matters which are stated upon information and belief and as to those matters I believe them to be true. -2- DECLERATION OF PROPERTY MANAGER CARLO BILBAO IN SUPPORT.OF PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY'S EX PARTE APPLICATION FOR ENTRY OF JUDGMENTe n wo = wo a ~ o © 10 11 This declaration was executed at San Francisco, California. Dated: //Z. io By: Carlo Bill Via -3- DECLERATION OF PROPERTY MANAGER CARLO BILBAO IN SUPPORT OF PLAINTIFF SAN FRANCISCO HOUSING AUTHORITY’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT