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OU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-03-2008 11:05 am
Case Number: CUD-08-627078
Filing Date: Oct-02-2008 11:04
Juke Box: 001 image: 02272215
STIPULATION FOR ENTRY OF JUDGMENT
MAHENDRA A ARVIND VS. JACK CLINE
001002272215
Instructions:
Please place this sheet on top of the document to be scanned.Cw rn nw fF WwW N
10
28
Davip G. MENDEZ
‘Attorney at Law
12 Gough St, Suite 300
San Francisco, CA 94103,
41S 621.1880
DAVID G. MENDEZ, ESQ. #099953
12 Gough Street, Suite 300
San Francisco, CA 94103-1290
TEL: 415.505.6966 File #AMAI015
EMAIL:dgmendez@aol.com
8 ee SA ple
Attorney for Plaintiff BY: ay Slat
MAHENDRA A. ARVIND
SUPERIOR COURT OF CALIFORNIA
CITY & COUNTY OF SAN FRANCISCO-LTD. CIVIL JURISDICTION
MAHENDRA A. ARVIND, ) Case No. CUD-08-627078
)
Plaintiff, ) UNLAWFUL DETAINER STIPULATION
) FOR ENTRY OF JUDGMENT/DISMISSAL
v. )
)
JACK CLINE, )
)
Defendants. )
)
MAHENDRA A. ARVIND (hereafter “Plaintiff”), by and through DAVID G. MENDEZ,
ESQ. and JACK CLINE (hereafter “Defendant”) in pro per or by and through
Av, Wk co row Esq. The parties hereby enter into this unlawful detainer
stipulation for judgment or dismissal as follows:
1. Defendant shall vacate 910-924 Geary St. #52, Sa Cae e). 7075 (hereafter the
“premises”) by no later than #QQ an. on 10) /2008. Cae cs occupants and
their personal items, and turning over all keys and means of access to Plaintiff or an authorized
agent and never return to the premises without advance written permission from Plaintiff.
2. The parties stipulate that judgment for possession only may immediately enter so as to allow
a writ of possession to issue and a sheriff eviction to be prearranged to facilitate the ear}é
in the event of non compliance. AWA Nu on Jam
3. Defendant warrants that Defendant is the sole claimant to a right of possession
UNLAWFUL DETAINER STIPULATION FOR ENTRY OF JUDGMENT/DISMISSAL
XACLIENTS\AMA I-Mahendra A. Arvind.AMA1015\StipIGoDW-.wpdSo Oo ew ND HH Be WN
wR NY YN NY NN S| Se Be es Se Se Be eR Se
QA A Fo nH fF SOTO we ADH FF YN
28
Davin G. MENDEZ
“Attorney at Law
12 Gough St, Suite 300
San Franciseo, CA 94103,
415.621.1880
premises, that there are no other persons who can claim a right to possession, and that Defendant
agrees not to allow any other persons to claim possession.
4. Except as herein provided, in making the settlement agreement forming the basis of judgment
neither party admits liability which is expressly denied. In consideration of the execution of the
settlement and other valuable consideration which the parties hereto hereby acknowledge, Plaintiff
and Defendant intend to and do hereby settle, release, and waive any and all claims between each
other, agents, employees, or anyone allegedly acting in concert with either plaintiff or defendant.
This includes all claims which either party may have under California Civil Code Section 1542
which reads
"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 must have materially affected his
settlement with the debtor"
except as may be specifically set out in this stipulation.
Without limitation, and upon demand at or before the premises are vacated, each party shall
execute a mutual release which is intended to dispose of all factual and legal issues arising out of this
instant case plus any other causes of action including negligent or intentional conduct which might
have arisen out of the occupancy of defendant at above mentioned subject premises or any other
activity, including without limitation, claims for unpaid labor. personal injury, property damage. rent
ordinance violation, security deposits, unpaid rents, rental damages, and wrongful eviction.
5. The parties agree that any further Defendant occupancy of the subject premises shall be based
on their “as is” condition and that Defendant agrees to return the premises in at least the same “as is”
condition as presently exists except that they shall be broom swept and free of all of Defendant’s
personal items. For the duration of Defendant’s occupancy, Defendant strictly assumes the risk of
such limited further occupancy and shall fully and timely cooperate with all efforts by Plaintiff in
accessing the premises to maintain same in a clean, sanitary condition generally and correcting any
and all present or future defects or code violations as Plaintiff desires.
6. Should either party fail to fully and timely comply with all conditions herein, then the
UNLAWFUL DETAINER STIPULATION FOR ENTRY OF JUDGMENT/DISMISSAL
XACLIENTS\AMA I-Mahendra A. Arvind:AMA1015\StipIGoDW- pdoc ON DM BF WN
o
28
David G, MENDEZ
‘Attorney at Law
12 Gough St., Suite 300
San Francisco, CA 94103
415 621.1880
aggrieved party shall have the right to move on ex parte notice and declaration of default for an
appropriate order. This could include an order to pay any amounts owed or to perform any
obligation required under this stipulation as well as judgment for immediate possession of the
subject premises thereby allowing the scheduling of a sheriff eviction and for all amounts prayed for
in the complaint. The relief may include, but not be limited to, alleged moveout expenses, unpaid
rental accruing at the fair daily rental value for each and every day Defendant remains in possession
pre and post judgment plus the costs, excluding attorney fees, of enforcing this settlement.
7. Defendant shall seek no stays, including bankruptcy, nor appeals.
8. Each party shall otherwise bear his own attorney fees and costs through the stipulation date.
9. Upon full and timely compliance by Defendant with all obligations herein, then Defendant
shall owe Plaintiff nothing per the complaint and Plaintiff shall tender to Defendant a signed Request
For Dismissal With Prejudice for filing.
10. Other (must be initialed) LaWiee 70 Kiyo & VT) Werte
Lemme 06 Recon meal gHiron. CULERHMG DEES OF
Dated: 10/02/2008
Dated: th if 05
Dated: 10/02/008
MAHENDRA A. ARVIND
Plajntiff
Dated: 10/02/2008
DAVID GYMENDEZ!
Attorney for Plaintiff
SHORT TITLE: ARVIND V. CLINE
CASENO: CUD-08-627078
UNLAWFUL DETAINER STIPULATION FOR ENTRY OF JUDGMENT/DISMISSAL
X:\CLIENTS\AMA }-Mahendra A. Arvind\AMA1015\StipJGoDW-.wpd
Preview
OU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-03-2008 11:05 am Case Number: CUD-08-627078 Filing Date: Oct-02-2008 11:04 Juke Box: 001 image: 02272215 STIPULATION FOR ENTRY OF JUDGMENT MAHENDRA A ARVIND VS. JACK CLINE 001002272215 Instructions: Please place this sheet on top of the document to be scanned.Cw rn nw fF WwW N 10 28 Davip G. MENDEZ ‘Attorney at Law 12 Gough St, Suite 300 San Francisco, CA 94103, 41S 621.1880 DAVID G. MENDEZ, ESQ. #099953 12 Gough Street, Suite 300 San Francisco, CA 94103-1290 TEL: 415.505.6966 File #AMAI015 EMAIL:dgmendez@aol.com 8 ee SA ple Attorney for Plaintiff BY: ay Slat MAHENDRA A. ARVIND SUPERIOR COURT OF CALIFORNIA CITY & COUNTY OF SAN FRANCISCO-LTD. CIVIL JURISDICTION MAHENDRA A. ARVIND, ) Case No. CUD-08-627078 ) Plaintiff, ) UNLAWFUL DETAINER STIPULATION ) FOR ENTRY OF JUDGMENT/DISMISSAL v. ) ) JACK CLINE, ) ) Defendants. ) ) MAHENDRA A. ARVIND (hereafter “Plaintiff”), by and through DAVID G. MENDEZ, ESQ. and JACK CLINE (hereafter “Defendant”) in pro per or by and through Av, Wk co row Esq. The parties hereby enter into this unlawful detainer stipulation for judgment or dismissal as follows: 1. Defendant shall vacate 910-924 Geary St. #52, Sa Cae e). 7075 (hereafter the “premises”) by no later than #QQ an. on 10) /2008. Cae cs occupants and their personal items, and turning over all keys and means of access to Plaintiff or an authorized agent and never return to the premises without advance written permission from Plaintiff. 2. The parties stipulate that judgment for possession only may immediately enter so as to allow a writ of possession to issue and a sheriff eviction to be prearranged to facilitate the ear}é in the event of non compliance. AWA Nu on Jam 3. Defendant warrants that Defendant is the sole claimant to a right of possession UNLAWFUL DETAINER STIPULATION FOR ENTRY OF JUDGMENT/DISMISSAL XACLIENTS\AMA I-Mahendra A. Arvind.AMA1015\StipIGoDW-.wpdSo Oo ew ND HH Be WN wR NY YN NY NN S| Se Be es Se Se Be eR Se QA A Fo nH fF SOTO we ADH FF YN 28 Davin G. MENDEZ “Attorney at Law 12 Gough St, Suite 300 San Franciseo, CA 94103, 415.621.1880 premises, that there are no other persons who can claim a right to possession, and that Defendant agrees not to allow any other persons to claim possession. 4. Except as herein provided, in making the settlement agreement forming the basis of judgment neither party admits liability which is expressly denied. In consideration of the execution of the settlement and other valuable consideration which the parties hereto hereby acknowledge, Plaintiff and Defendant intend to and do hereby settle, release, and waive any and all claims between each other, agents, employees, or anyone allegedly acting in concert with either plaintiff or defendant. This includes all claims which either party may have under California Civil Code Section 1542 which reads "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 must have materially affected his settlement with the debtor" except as may be specifically set out in this stipulation. Without limitation, and upon demand at or before the premises are vacated, each party shall execute a mutual release which is intended to dispose of all factual and legal issues arising out of this instant case plus any other causes of action including negligent or intentional conduct which might have arisen out of the occupancy of defendant at above mentioned subject premises or any other activity, including without limitation, claims for unpaid labor. personal injury, property damage. rent ordinance violation, security deposits, unpaid rents, rental damages, and wrongful eviction. 5. The parties agree that any further Defendant occupancy of the subject premises shall be based on their “as is” condition and that Defendant agrees to return the premises in at least the same “as is” condition as presently exists except that they shall be broom swept and free of all of Defendant’s personal items. For the duration of Defendant’s occupancy, Defendant strictly assumes the risk of such limited further occupancy and shall fully and timely cooperate with all efforts by Plaintiff in accessing the premises to maintain same in a clean, sanitary condition generally and correcting any and all present or future defects or code violations as Plaintiff desires. 6. Should either party fail to fully and timely comply with all conditions herein, then the UNLAWFUL DETAINER STIPULATION FOR ENTRY OF JUDGMENT/DISMISSAL XACLIENTS\AMA I-Mahendra A. Arvind:AMA1015\StipIGoDW- pdoc ON DM BF WN o 28 David G, MENDEZ ‘Attorney at Law 12 Gough St., Suite 300 San Francisco, CA 94103 415 621.1880 aggrieved party shall have the right to move on ex parte notice and declaration of default for an appropriate order. This could include an order to pay any amounts owed or to perform any obligation required under this stipulation as well as judgment for immediate possession of the subject premises thereby allowing the scheduling of a sheriff eviction and for all amounts prayed for in the complaint. The relief may include, but not be limited to, alleged moveout expenses, unpaid rental accruing at the fair daily rental value for each and every day Defendant remains in possession pre and post judgment plus the costs, excluding attorney fees, of enforcing this settlement. 7. Defendant shall seek no stays, including bankruptcy, nor appeals. 8. Each party shall otherwise bear his own attorney fees and costs through the stipulation date. 9. Upon full and timely compliance by Defendant with all obligations herein, then Defendant shall owe Plaintiff nothing per the complaint and Plaintiff shall tender to Defendant a signed Request For Dismissal With Prejudice for filing. 10. Other (must be initialed) LaWiee 70 Kiyo & VT) Werte Lemme 06 Recon meal gHiron. CULERHMG DEES OF Dated: 10/02/2008 Dated: th if 05 Dated: 10/02/008 MAHENDRA A. ARVIND Plajntiff Dated: 10/02/2008 DAVID GYMENDEZ! Attorney for Plaintiff SHORT TITLE: ARVIND V. CLINE CASENO: CUD-08-627078 UNLAWFUL DETAINER STIPULATION FOR ENTRY OF JUDGMENT/DISMISSAL X:\CLIENTS\AMA }-Mahendra A. Arvind\AMA1015\StipJGoDW-.wpd