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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: CAROL BALISTRERI
Juke Box: 001 Image: 04762836
EX PARTE APPLICATION FOR ORDER
SAN FRANCISCO HOUSING AUTHORITY VS. LLYSA CASTELLANOS et al
001004762836
Instructions:
Please place this sheet on top of the document to be scanned.w
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Elizabeth L. Hurwitz (SBN #278846)
San Francisco Housing Authority
1815 Egbert Avenue ze Floor F I L D
San Francisco, CA 94124 Serston Cour of Calfomia
hurwitze@sfha.org manelseo
Phone: (415) 715-3950
Fax: (415) 715-3201
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, )
) PLAINTIFF’S EX PARTE APPLICATION
Plaintiff, ) FOR ENTRY OF JUDGMENT AND
) MEMORANDUM OF POINTS AND
v. } AUTHORITIES IN SUPPORT THEREOF
LLYSA CASTELLANOS and DOES 1-10, ; Hearing Date: January 26, 2015
inclusive, ) Time: 11:00 a.m.
) Dept: 501
Defendant )
)
IL INTRODUCTION
The San Francisco Housing Authority (“Plaintiff”) seeks ex parte relief from this Court
because defendant Llysa Castellanos (“Defendant”) materially breached a Settlement Agreement
and Stipulation for Entry of Judgment or Dismissal (“Settlement Agreement”) by failing to make
monthly damage payments towards her back rent balances and failing to pay her monthly rent
amount, a material breach of paragraphs two and three of the Settlement Agreement.
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IL. STATEMENT OF FACTS
On or about June 19, 2012, Plaintiff and Defendant executed a Settlement Agreement
after negotiations between the parties. (See Declaration of Carlo Bilbao in Support of Plaintiff's
Ex Parte Application For Entry of Judgment { 6 (“Bilbao Declaration”) & Declaration of
Elizabeth Hurwitz in Support of Plaintiff's Ex Parte Application For Entry of Judgment 4 2
(‘Hurwitz Declaration”). Said Settlement Agreement was filed with this Court June 25, 2012. A
true and correct copy of said Settlement Agreement is attached as Exhibit A.
Paragraph three of the Settlement Agreement requires monthly damages payments tow:
the back rent owed to Plaintiff and states that Defendant would pay, beginning July 1 2012, on o1
before the fifth of each month, damages in the amount of twenty-five dollars ($25.00). Bilbao
Declaration 7. Defendant failed to make any payments of damages required by paragraph tl
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. Bilbao Declaration {| 7.
On the date the Settlement Agreement was signed, Defendant agreed she owed an
outstanding balance of one-thousand six-hundred one dollars ($1,601.00). As of the date of this
hearing seven-hundred seventy-five dollars ($775.00) should have been paid by Defendant.
Defendant has made payments in the amount of three-hundred forty-one dollars ($341.00),
leaving an outstanding balance of four-hundred thirty-four dollars ($434.00) outstanding as of
the date of this hearing.
Additionally, paragraph two of the Settlement Agreement states that beginning July 1,
2012 Defendant would pay, on or before the fifth of each month, damages in an amount
equivalent to the monthly rental rent of eighty-three dollars ($83.00). Bilbao Declaration {[ 8.
Defendant completely failed to pay these damages 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
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2014, November 2014, December 2014 and January 2015. Bilbao Declaration § 8. As of the dat
of this hearing, Defendant owes Plaintiff two-thousand two-hundred four-hundred twenty-five
dollars ($2,425.00) in unpaid rent since the date of execution of the Settlement Agreement.
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. Bilbao Declaration 9.
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.” Hurwitz Declaration 4. Plaintiff requests that any judgment entered by this
Court in this matter be applied to the new Premises, 1520 Sunnydale Ave. San Francisco CA
94134.
Paragraph four of the Settlement Agreement states that if Defendant breached paragraph
two or three of the Settlement Agreement, said conduct would be considered a material breach o
the Settlement Agreement. Paragraph four further provides that in the event of breach Plaintiff
would be entitled to entry of judgment for possession of the Premises, 1520 Sunnydale Ave. San
Francisco CA 94134, issuance of a writ of possession, forfeiture of the rental agreement, and any
unpaid balance then due and owing. Hurwitz Declaration { 3. Paragraph four also states that
Plaintiff may move for entry of judgment via ex parte application upon seven days’ written
notice to Defendant. Hurwitz Declaration | 3. On January 14, 2015, Plaintiff mailed a letter to
Defendant giving her seven days written notice of Plaintiff's Ex Parte Application. Hurwitz
Declaration { 5.
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PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT AND MEMORANDUM OF POINTS
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Il. ARGUMENT
PLAINTIFF’S EX PARTE APPLICATION SHOULD BE GRANTED
BECAUSE DEFENDANT FAILED TO MAKE MONTHLY DAMAGE
PAYMENTS TOWARDS BOTH HER MONTHLY RENTAND BACK RENT
BALANCES WHICH ARE MATERIAL BREACHES OF PARAGRAPHS
TWO AND THREE OF THE SETTLEMENT AGREEMENT.
Ex parte relief may be granted by the court upon an affirmative factual showing.
California Rules of Court Rule 3.12.02(c). Pursuant to CCP section 664.6 and paragraph fifteen
of the Settlement Agreement, this Court retains jurisdiction over the parties to enforce the
Settlement Agreement and any judgment. When parties enter into a settlement agreement after
negotiations, the law of contracts and settlements favors enforcement of such valid bargains.
Philippine Exp. Foreign Loan Guar. Corp. v. Chuidian (1990) 218 Cal.App.3d 1058, 1076.
Plaintiff and Defendant executed the Settlement Agreement after negotiations between the
parties and thus, enforcing said Settlement Agreement is proper and appropriate.
Plaintiff is entitled to judgment because Defendant materially breached paragraph three
of the Settlement Agreement by completely failing to pay back rent damages 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, Bilbao Declaration 7, and failed to pay rent amount balances, required
by paragraph two of the Settlement Agreement, 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. Bilbao Declaration { 8.
On January 14, Plaintiff mailed a letter to Defendant giving her the required seven days
written notice of Plaintiff's Ex Parte Application. Hurwitz Declaration ] 5. Because Defendant
is in violation of said Settlement Agreement, and Plaintiff has complied with all applicable
requirements of the Agreement, judgment should be entered for Plaintiff.
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Iv. CONCLUSION
For all the reasons set forth above, Plaintiff requests this Court grant its Ex Parte
Application.
Dated: [Ul] 20)5
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PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT AND MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT THEREOFEXHIBIT AMonelle Palencia (SBN #258038)
Bill Ford (SBN #225664) ENDORSED
Tony Ruch (SBN #242717) Sen Francieeo ¢ ED
San f rancisco Housing Authority ‘Ounty Superior Court
C1 venue
San Francisco, CA 94124 JUN 25 zax2
Telephone: (415) 715-3950 CLERK OF THE Court
Facsimile: (415) 715-3956 By: ___ RONNIE OTERO
Attorneys for Plaintiff Deputy Clark
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, )
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
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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL,three 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 DISMISSAL,Plaintiff 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 ccatingent, that the parties have or may have
against each other arising out of the termination of Defendant’s tenancy and the instant action.
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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL,The 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 b
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 they|
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 DISMISSALconstitute 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: “Vo V2
Dated: ts/z
oy: Nyse. Cob ehloyer,
Llysa'Castellanos, Defendant
By:
Authorized Agent for San Franct
Housing Authority
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SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL
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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: CAROL BALISTRERI Juke Box: 001 Image: 04762836 EX PARTE APPLICATION FOR ORDER SAN FRANCISCO HOUSING AUTHORITY VS. LLYSA CASTELLANOS et al 001004762836 Instructions: Please place this sheet on top of the document to be scanned.w Nv w - a a x o © 10 Elizabeth L. Hurwitz (SBN #278846) San Francisco Housing Authority 1815 Egbert Avenue ze Floor F I L D San Francisco, CA 94124 Serston Cour of Calfomia hurwitze@sfha.org manelseo Phone: (415) 715-3950 Fax: (415) 715-3201 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, ) ) PLAINTIFF’S EX PARTE APPLICATION Plaintiff, ) FOR ENTRY OF JUDGMENT AND ) MEMORANDUM OF POINTS AND v. } AUTHORITIES IN SUPPORT THEREOF LLYSA CASTELLANOS and DOES 1-10, ; Hearing Date: January 26, 2015 inclusive, ) Time: 11:00 a.m. ) Dept: 501 Defendant ) ) IL INTRODUCTION The San Francisco Housing Authority (“Plaintiff”) seeks ex parte relief from this Court because defendant Llysa Castellanos (“Defendant”) materially breached a Settlement Agreement and Stipulation for Entry of Judgment or Dismissal (“Settlement Agreement”) by failing to make monthly damage payments towards her back rent balances and failing to pay her monthly rent amount, a material breach of paragraphs two and three of the Settlement Agreement. i i -1- PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOFBe N - wo 4 o IL. STATEMENT OF FACTS On or about June 19, 2012, Plaintiff and Defendant executed a Settlement Agreement after negotiations between the parties. (See Declaration of Carlo Bilbao in Support of Plaintiff's Ex Parte Application For Entry of Judgment { 6 (“Bilbao Declaration”) & Declaration of Elizabeth Hurwitz in Support of Plaintiff's Ex Parte Application For Entry of Judgment 4 2 (‘Hurwitz Declaration”). Said Settlement Agreement was filed with this Court June 25, 2012. A true and correct copy of said Settlement Agreement is attached as Exhibit A. Paragraph three of the Settlement Agreement requires monthly damages payments tow: the back rent owed to Plaintiff and states that Defendant would pay, beginning July 1 2012, on o1 before the fifth of each month, damages in the amount of twenty-five dollars ($25.00). Bilbao Declaration 7. Defendant failed to make any payments of damages required by paragraph tl 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. Bilbao Declaration {| 7. On the date the Settlement Agreement was signed, Defendant agreed she owed an outstanding balance of one-thousand six-hundred one dollars ($1,601.00). As of the date of this hearing seven-hundred seventy-five dollars ($775.00) should have been paid by Defendant. Defendant has made payments in the amount of three-hundred forty-one dollars ($341.00), leaving an outstanding balance of four-hundred thirty-four dollars ($434.00) outstanding as of the date of this hearing. Additionally, paragraph two of the Settlement Agreement states that beginning July 1, 2012 Defendant would pay, on or before the fifth of each month, damages in an amount equivalent to the monthly rental rent of eighty-three dollars ($83.00). Bilbao Declaration {[ 8. Defendant completely failed to pay these damages 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 -2- PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOFBb nN w a a x © © 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2014, November 2014, December 2014 and January 2015. Bilbao Declaration § 8. As of the dat of this hearing, Defendant owes Plaintiff two-thousand two-hundred four-hundred twenty-five dollars ($2,425.00) in unpaid rent since the date of execution of the Settlement Agreement. 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. Bilbao Declaration 9. 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.” Hurwitz Declaration 4. Plaintiff requests that any judgment entered by this Court in this matter be applied to the new Premises, 1520 Sunnydale Ave. San Francisco CA 94134. Paragraph four of the Settlement Agreement states that if Defendant breached paragraph two or three of the Settlement Agreement, said conduct would be considered a material breach o the Settlement Agreement. Paragraph four further provides that in the event of breach Plaintiff would be entitled to entry of judgment for possession of the Premises, 1520 Sunnydale Ave. San Francisco CA 94134, issuance of a writ of possession, forfeiture of the rental agreement, and any unpaid balance then due and owing. Hurwitz Declaration { 3. Paragraph four also states that Plaintiff may move for entry of judgment via ex parte application upon seven days’ written notice to Defendant. Hurwitz Declaration | 3. On January 14, 2015, Plaintiff mailed a letter to Defendant giving her seven days written notice of Plaintiff's Ex Parte Application. Hurwitz Declaration { 5. -3- PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF» N o Il. ARGUMENT PLAINTIFF’S EX PARTE APPLICATION SHOULD BE GRANTED BECAUSE DEFENDANT FAILED TO MAKE MONTHLY DAMAGE PAYMENTS TOWARDS BOTH HER MONTHLY RENTAND BACK RENT BALANCES WHICH ARE MATERIAL BREACHES OF PARAGRAPHS TWO AND THREE OF THE SETTLEMENT AGREEMENT. Ex parte relief may be granted by the court upon an affirmative factual showing. California Rules of Court Rule 3.12.02(c). Pursuant to CCP section 664.6 and paragraph fifteen of the Settlement Agreement, this Court retains jurisdiction over the parties to enforce the Settlement Agreement and any judgment. When parties enter into a settlement agreement after negotiations, the law of contracts and settlements favors enforcement of such valid bargains. Philippine Exp. Foreign Loan Guar. Corp. v. Chuidian (1990) 218 Cal.App.3d 1058, 1076. Plaintiff and Defendant executed the Settlement Agreement after negotiations between the parties and thus, enforcing said Settlement Agreement is proper and appropriate. Plaintiff is entitled to judgment because Defendant materially breached paragraph three of the Settlement Agreement by completely failing to pay back rent damages 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, Bilbao Declaration 7, and failed to pay rent amount balances, required by paragraph two of the Settlement Agreement, 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. Bilbao Declaration { 8. On January 14, Plaintiff mailed a letter to Defendant giving her the required seven days written notice of Plaintiff's Ex Parte Application. Hurwitz Declaration ] 5. Because Defendant is in violation of said Settlement Agreement, and Plaintiff has complied with all applicable requirements of the Agreement, judgment should be entered for Plaintiff. -4- PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF» . oo 16 17 18 27 28 Iv. CONCLUSION For all the reasons set forth above, Plaintiff requests this Court grant its Ex Parte Application. Dated: [Ul] 20)5 -5- PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF JUDGMENT AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOFEXHIBIT AMonelle Palencia (SBN #258038) Bill Ford (SBN #225664) ENDORSED Tony Ruch (SBN #242717) Sen Francieeo ¢ ED San f rancisco Housing Authority ‘Ounty Superior Court C1 venue San Francisco, CA 94124 JUN 25 zax2 Telephone: (415) 715-3950 CLERK OF THE Court Facsimile: (415) 715-3956 By: ___ RONNIE OTERO Attorneys for Plaintiff Deputy Clark 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, ) 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 DISMISSAL,three 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 DISMISSAL,Plaintiff 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 ccatingent, 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 DISMISSAL,The 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 b 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 they| 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 DISMISSALconstitute 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: “Vo V2 Dated: ts/z oy: Nyse. Cob ehloyer, Llysa'Castellanos, Defendant By: Authorized Agent for San Franct Housing Authority 6 SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT OR DISMISSAL