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HomeMy WebLinkAbout20170927_Settlement-Stip-Order_CalWest-Reynolds9/26/2017 9:52 AM ,_. OKOOO\)O\U14>UJ[\) NNNNNNNNND—‘D—‘h—Ab—Ib—Ar—ID—lb—At—‘D—A mumwgww~oxooouombww~ 9/26/2017 9:52 AM OFFICE OF THE CITY ATTORNEY City of San Luis Obispo J. Christine Dietrick, No. 206539 cdietrickgagslocityorg Jon M. Ansolabehere, No. 278174 iansolab@slocity.0rg 990 Palm Street San Luis Obispo, CA 93401 Telephone: (805) 781—7140 Facsimile: (805) 781-7109 EXEMPT FROM FILING FEES PER GOV. CODE SECTION 6103 Attorneys for the City of San Luis Obispo SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN LUIS OBISPO CALIFORNIA WEST, INC, Case No. 17LC-0255 Plaintiff, ASSIgned to: Hon. Judge Crandall V. SETTLEMENT AGREEMENT AND STIPULATION AND ORDER TO VACATF RICHARD REYNOLDS JUDGMENT Defendant. This Settlement Agreement and Stipulation to Vacate Judgment (“Agreement”) 15 made and entered into this [:3 day of September 2017 by and between California West Inc (“Cal West”), the City of San Luis Obispo (“City’ ) and Richard Reynolds (“Reynolds”). WHEREAS, City owns certain real property commonly known as 633 Palm Street, Unit B, San Luis Obispo, CA (the “Property”); FILED: 09/27/17 Landrum, Marlys Electronically By: San Luis Obispo Superior Court \OOO\)O\UIJ>UJNt-d NNNNNNNNNHt—tp—‘Hp—np—HHHy—n WVOMJkWNHOKOOONCNUI-h-WNHO WHEREAS, Cal West manages the Property and is authorized to, among other things, lease the Property and enforce all terms of tenancy; WHEREAS, on December 1, 2016, Reynolds assumed a lease dated April 6, 2013 for the Property; WHEREAS, on April 11, 2017, Cal West filed a complaint against Reynolds, San Luis Obispo County Superior Court Case No. 17LC—0255, in order to enforce the terms of the lease, including possession of the Property and back payment of rent; WHEREAS, on August 14, 2017, Cal West obtained a judgment against Reynolds forfeiting the lease agreement, granting possession of the Property to Cal West and entering judgment in the amount of $4,125 as holdover damages (the “‘Judgment”). A copy of the Judgment is attached as Exhibit A; WHEREAS, by this Agreement, the parties wish to resolve any differences that may exist between them regarding the Judgment and Reynolds’ previous occupancy of the Property. NOW THEREFORE, the parties below hereby agree as follows: 1. The recitals above are tme and correct and are incorporated herein by this reference. 2. City, Cal West and Reynolds hereby agree to vacate the Judgment. Reynolds agrees to dismiss any appeals files in connection with the Judgment. The lease between Cal West and Reynolds continues to be forfeited and Cal West is entitled to possession of the Property. Cal West shall return Reynolds’ security deposit in the amount of $950.00 without deduction within ten (10) days of the full execution of this Agreement. 3. In consideration of the above, Reynolds fully releases and discharges City and Cal West, their officers, officials, agents and employees, from and against any and all claims, causes of action, demands or charges of whatever nature which Reynolds may have against City and/0r Cal West, relating to Reynolds’ occupancy and tenancy of the Property. In consideration of the above, except as specifically set forth herein, City and Cal West each fully release and discharge Reynolds, from and against any and all claims, causes of action, demands or charges of whatever nature which City and/ or Cal West may have against Reynolds, relating to Reynolds’ occupancy and tenancy of the Property. -2- ©00\]O\UIJ>WI\)’—‘ NNNNNNNNNHHHH—‘HHHHH OO\]O\UIJ>UJN>—‘O\OOO\)O\UIJ>UJNHO 4. All parties are fully apprised of the provisions of California law relating to releases and, in particular, Civil Code § 1542 which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which of known by him/her must have materially affected his/her settlement with the debtor. Notwithstanding this statutory provision, and to implement a full and complete release, the parties acknowledge that this Agreement and mutual release is intended to include in effect, without limitation, all claims which they do not presently know of or suspect to exist against the others arising out of or related to Reynolds’ occupancy and tenancy of the Property. 5. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and no modification or waiver of any of the provisions hereof shall be valid unless it is put into writing and executed by all parties hereto. 6. This Agreement shall be governed and construed in accordance with the laws of the state of California. 7. This Agreement and mutual release shall be binding on the parties, their heirs, successors and assigns. 8. Each party represents and warrants that in executing this Agreement, they have relied on the legal advice of their attorney of choice and the terms of this Agreement and its consequences have been completely read and explained to each party by that attorney, and each pany fully understands the terms of this Agreement. 9. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute on and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the first date set forth above. \OOONONUI-PUJNr-u NNNNNNNNNHD—Ih—IHF—Hh—lh—‘D—IH WVONMAWNHOCWNO‘MAU’NHO Dated: September E, 2017 Dated: September Q, 2017 Dated: September E, 2017 IT IS HEREBY ORDERED that the Judgment entered on August 14, 2017 for San Luis Obispo Richard Reynol CITY OF SAN LUIS OBISPO H 3/71”? By: (57.). ,,,,,W J. ghristine Dietrick City Attorney I. CALIFORNIA-WEST, INC. 1»s KW Derek Banducci Its: President ORDER Superior Court Case No. 17LC-0255 be vacated in its entirety. Dated: , 2017 Hon. Judge Crandall Sept. 27 8/14/2017 2:48 PM UD-110 ATTORNEV OR PARTY WITHOUT ATTORNEY (Name, slate Dar number, and address), FOR COURT USE ONLY Derek Banducci, SBN 252124 _ 1380 Broad Street San Luis Obispo, CA 93401 . Electromcally TELEPHONE No.: 805—225-3393 FAX N0. (Opnonau;. E-MAIL ADDRESS (Optional): derek@banduccilaw.com FILED. 08/14/17 ATTORNEY FOR (Name); CALIFORNIA—WEST, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO STREET ADDRESS: 1035 Palm Street, Room 385 By: Landrum, Marlys MAILING ADDRESS: CITv ANDZIP CODE: San LUIS 01318190 93408 BRANCH NAME: San Luls Oblspo PLAINTIFF: CALIFORNIA-WEST, INC. DEFENDANT: RICHARD REYNOLDS San Luis Obispo Superior Court JUDGMENT—UNLAWFUL DETAINER CASE NUMBER: CI By Clerk |:l By Defau" CZ] After Court Trial 17LC-0255 IE By Court {:1 Possession Only |:| Defendant Did Not Appear at Trial JUDGMENT 1. :1 BY DEFAULT a. Defendant was properly served with a copy of the summons and complaint. b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law. Defendant‘s default was entered by the clerk upon plaintiff's application.0 d. [:| Clerk's Judgment (Code Civ. Proc., § 1169). For possession only of the premises described on page 2 (item 4). e . l:| Court Judgment (Code Civ. Proc., § 585(b)). The court considered (1) Cl plaintiff‘s testimony and other evidence. (2) I:I plaintiff's or others“ written declaration and evidence (Code Civ. Proc., § 585(d)). 2. [E AFTER coun'r TRIAL. The jury was waived. The court considered the evidence. a. The case was tried on (date and time): AUGUST 10, 2017 AT 9:30AM before (name of judicial officer): HON. CHARLES S. CRANDALL b. Appearances by: II] Plaintiff (name each): [a Plaintiff‘s attorney (name each): (2) I: Continued on Attachment2b (form MC-025). m Defendant (name each): C] Defendant's attorney (name each): RICHARD REYNOLDS (1) (2) El Continued on Attachment (form MC-025). c. [3 Defendant did not appear at trial. Defendant was properly served with notice of trial. d. IE Astatement of decision (Code Civ. Proc., § 632) m was not I:] was requested. Page 1 012 Form Approved for Opnonal Use JUDGMENT—UNLAWFUL DETAINER Code of 0l Procedure, §§ 41546, Judma‘ Councn oi Cahfomia UD-110 [New January 1, 2003] EXHIBIT A 555m). 564.6, 1159 ] PLAINTIFF: CALIFORNIA-WES I , INC. CASE NUMBER: r‘ 1 7LC-0255 D EFENDANT: RICHARD REYNOLDS JUDGMENT IS ENTERED AS FOLLOWS BY: III THE COURT C} THE CLERK 3. Parties. Judgment is a. m for plaintiff (name each): CALIFORNIA-WEST, INC. and against defendant (name each): RICHARD REYNOLDS I: Continued on AfiachmenISa (form M0025). b. I:] for defendant (name each): 44 CZ} Plaintiff El Defendant is entitled to possession of the premises located at (streetaddress, apartment, city, and county): 633 PALM STREET #B SAN LUIS OBISPO, CA 93401 5. [:1 Judgment applies to all occupants of the premises including tenants, subtenants if any, and named claimants if any (Code Civ. Proc., §§ 715.010, 1169, and 1174.3). 6- Amount and terms of judgment a. [I Defendant named in item 3a above must pay plaintiff on the b. CI Plaintiff is to receive nothing from defendant complaint: named in item 3b. (1) E Past—due rent $ [:1 Efsffsnnt named In Item 3b IS to recover (2) II] Holdover damages $ 4125.00 E] and attorney fees:$ (3) I: Attorney fees 55 (4) '3 Costs $ (5) I: Other (specify):3 (6) TOTAL JUDGMENT $ 4,125.00 c. [:l The rental agreement is canceled‘ m The lease is forfeited. 7. I: Conditional judgment. Plaintiff has breached the agreement to provide habitable premises to defendant as stated in Judgment—Unlawful DetainerAttachment (form UD—11OS), which is attached. 8. l:| Other (specify): I \:I Continued on AttachmentB (form MC-025).W Date: August 14, 2017 1:] JUDICIAL OFFICER Date: El Clerk, by , Deputy (SEAL) CLERK'S CERTIFICATE (Optional) I certify that this is a true copy of the original judgment on file in the court. Date: Clerk, by , Deputy ”D“‘°l”ewJa“”aW‘v2°°31 JUDGMENT—UNLAWFUL DETAINER Pagezovz