Los Angeles local civil form — County of Los Angeles (2308-SCLAC-CIV-316)

Source: https://lascpubstorage.blob.core.windows.net/forms/Forms%20Comprehensive%20List/2308-SCLAC-CIV-316.pdf

SUPERIOR COURT OF CALIFORNIA Reserved for Clerk’s File Stamp COUNTY OF LOS ANGELES

COURTHOUSE ADDRESS:

PLAINTIFF:

DEFENDANT:

CASE NUMBER: DEPT./DIV.

UNLAWFUL DETAINER SETTLEMENT STIPULATION AND JUDGMENT

THE PARTIES STIPULATE (AGREE) AS FOLLOWS:

1. Judgment shall be entered in favor of plaintiff(s) as named in the complaint and against the following defendant(s): (Identify named defendant(s) exactly as judgment is to be entered. Do not abbreviate or use “etc.” or "et al.”)

2. Judgment shall be entered for:

   Past Due Rent $ Defendant(s) rights under the lease or rental agreement are forfeited

   Holdover Damages $

   Attorney fees $ Plaintiff(s) are awarded possession of the premises located at
   (including apartment number, if applicable):

   Costs $ _____________________________________________________

   _____________________________________________________ TOTAL $
   ============== _____________________________________________________

3. Defendant(s) security deposit, if any: shall be returned or accounted for by plaintiff(s) within 21 days after defendant(s) vacate the premises (Civ. Code, § 1950.5). shall be retained by the plaintiff(s), and defendant(s) waive(s) any claim to its return and its accounting under CC § 1950.5. Other _____________________________.

4. JUDGMENT shall be entered: now. now and stay enforcement of judgment as follows: a writ of possession may be issued forthwith, but no final lockout prior to ______________________________ DATE only upon default by defendant(s) in the performance of any of the obligations required by this settlement stipulation.

5. VACATE: Defendant(s) agree(s) to vacate the subject premises by , removing all personal property.

   UNLAWFUL DETAINER SETTLEMENT

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Case Title: Case Number:

6. SEALING: File to remain sealed and confidential from the public, but will remain accessible to parties and their counsel. File to remain so sealed or confidential so long as defendant(s) fully and timely perform all terms contained herein, or until further Order of this Court.

7. ADDITIONS: SEE ATTACHED PAGE(S) FOR ADDITIONAL TERMS OF THIS SETTLEMENT STIPULATION or

   Plaintiff(s) and defendant(s) further agree:

   Defendant’s personal property remaining in the unit or at the real property after possession is returned to plaintiff(s) shall be deemed abandoned, and plaintiff(s) may dispose of such property with no obligation to defendant(s). Defendant(s) shall return possession of the premises in broom-clean and undamaged condition, except for normal wear and tear. Defendant(s) shall provide a forwarding address to plaintiff(s) at the time of moveout. That no other adult persons occupy, or claim to have a right to occupy, the subject property.

8. PAYMENT PLAN: Defendant(s) agree(s) to pay the amount set forth in Paragraph 2 on the schedule set forth below.

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9. DISMISSAL AND RETENTION OF COURT JURISDICTION TO ENFORCE SETTLEMENT: Parties request that this Court dismiss without prejudice per CCP § 664.6, with the Court to retain jurisdiction to enforce the terms of this settlement stipulation.

10. CLAIMS OF VIOLATION OF THIS SETTLEMENT STIPULATION: If any party to this stipulation claims that any other party has violated any term of this stipulation, that party may file a motion in court to enforce the terms of this settlement stipulation.

    If the Court finds that defendant(s) have breached this settlement stipulation, it may order the lockout to proceed, entry of a money judgment, and unsealing of this file. At such hearing, both sides are entitled to hire their own attorney at their own expense.

11. INTERPRETERS: acknowledge(s) receiving assistance from a NAME[S] language interpreter in the preparation and execution of this settlement stipulation. UNLAWFUL DETAINER SETTLEMENT

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Case Title: Case Number:

12. SIGNATURES (this settlement stipulation may be executed in counterparts; a faxed or emailed signature has the same effect as an original signature).

    SIGN

______________________ ► DATE TYPE OR PRINT NAME SIGN SIGNATURE OF PLAINTIFF OR ATTORNEY ______________________ ► DATE TYPE OR PRINT NAME SIGN SIGNATURE OF PLAINTIFF OR ATTORNEY ______________________ ► DATE TYPE OR PRINT NAME SIGN SIGNATURE OF DEFENDANT OR ATTORNEY ______________________ ► DATE TYPE OR PRINT NAME SIGNATURE OF DEFENDANT OR ATTORNEY

THE COURT ORDERS THAT:

the parties comply with the terms of this settlement stipulation.

the clerk is directed to ENTER this settlement stipulation as final judgment in this matter.

this settlement stipulation is LODGED (but not entered) with the Court pending a hearing on an Order to Show Cause for Entry of
Judgment set for ________________________________________in Department _________. If no parties appear, this case will be
dismissed without prejudice.

pursuant to the request above, this Court hereby dismisses without prejudice and, per CCP § 664.6, retains jurisdiction to enforce the
terms of this settlement stipulation.

based on the settlement stipulation of the parties, and pursuant to CCP § 1161.2(a)(2), good cause appears for the Court to further
order that the court file and all court records (electronic or otherwise) of this matter shall remain sealed or confidential and may not be
accessed by any person except the parties, counsel of record and the Court until further order of the Court. [Internal: Use: utilize
Sealing Code “Minute Order Code-UD Sealing #secud001a”]

plaintiff(s) are also granted judgment for possession as to all unnamed occupants. (Code Civ. Proc., § 415.46.)

DATE JUDICIAL OFFICER

UNLAWFUL DETAINER SETTLEMENT

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