Marin — CV093

Source: https://www.marin.courts.ca.gov/system/files/cv093-stipulationandordertovacantpremisesn12-20n.pdf

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9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MARIN 10

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12 ____________________ CASE NO. CIV ___________ 13 Plaintiff, STIPULATION & ORDER TO 14 vs. VACATE PREMISES AND ORDER TO MAINTAIN CONFIDENTIALITY15 ____________________ STATUS (“MASKED CASE”) 16 Defendant

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20 IT IS SO STIPULATED by and between the parties hereto through Plaintiff/Plaintiff’s counsel

21 and Defendant(s) that Judgment in the above-entitled action will be entered as follows should

22 Defendant(s) fail to comply with any of the terms stated herein. The parties agree that this matter

23 shall be, and remain, dismissed as stated in Paragraphs 9 and 10 below. 24 1. Plaintiff shall be awarded restitution of the premises located at ______________________25

26 __________________________________________________________________, California.

27 2. Defendant(s) agree to vacate the premises on or before _____ p.m. on ________________. 28

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1 3. ______ Should Defendant(s) vacate the premises on or before the date specified in Para. 2,

2 Plaintiff shall waive recovery of all unlawful detainer damages and unpaid rent through that

3 date; OR 4 ______ Defendant(s) shall make the following payments in the amount of $_________, 5

6 which reflect all sums due and owing through ________________________.

7 Date payment is due: Amount of payment:

8 _________________ $_________________ 9 _________________ $ _________________ 10 _________________ $ _________________ 11 _________________ $ _________________

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13 a. This amount _____ does ______ does not include a reduction for habitability 14 defects at the premises. 15

16 b. The term “due” means that the payment will have been received by Plaintiff by

17 close of business (5:00 p.m.) on the due date.

18 c. Plaintiff will accept payment in the following forms: 19

20 _____ Money order

21 _____ Cashiers’ check

22 _____ Personal check or cash 23

24 _____ Third party payments (i.e., charities, churches, or family members)

25 4. Each party shall bear their own costs and attorneys’ fees incurred herein. 26

27 5. The rental agreement under which Defendant(s) holds possession of said property shall be

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1 terminated upon surrender of possession or upon Defendant’s failure to comply with any term of

2 this Stipulation.

3 6. Defendant(s) warrants and represents that they are the sole occupant of the subject 4 premises and that the premises has not been rented, assigned, subleased, etc. to any third party at 5

6 any time prior to the execution of this Stipulation. Defendant(s) agrees that they shall not allow

7 any other person to occupy the subject premises and that they shall not rent, assign, sublease, etc.

8 the premises to any third party.

9 7. The parties agree that the matter shall remain confidential (“masked”) unless a judgment is 10 entered by the court based upon a breach of this Stipulation. 11

12 8. Each signatory hereto represents that they have the express authority from the party or

13 parties they represent to sign for and bind that party to the terms herein.

14 DISMISSAL OF CASE AND ENFORCEMENT OF THIS STIPULATION: 15

16 9. Plaintiff(s) hereby dismisses the pending action. Plaintiff and Defendant(s) agree that the

17 Court retains jurisdiction over this matter for purposes of enforcing the Stipulation, pursuant to

18 CCP § 664.6. Upon compliance with the terms of this Stipulation, Plaintiff shall dismiss the 19 remaining enforcement portion of this action, in its entirety, with prejudice, by no later than 20 _______________. If Plaintiff fails to file a Request for Dismissal by this date, Defendant(s) may 21

file a Request for Dismissal.22

23 10. In the event of non-compliance with Paragraphs 1, 2 or 3, Plaintiff may move to vacate the

24 dismissal and enter a judgment against Defendant(s) for: _____ possession of the premises and/or 25 ______ monetary damages. In the event of non-compliance with Paragraphs 1, 2 or 3, Plaintiff 26 shall give 24 hours’ notice to the Defendant(s) at the following phone number(s) and electronic 27

mail addresses:28

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1 _____________________________________________________________________________,

2 and appear in court ex parte to request entry of judgment. Said judgment and order shall be based

3 upon this Stipulation and the declaration of Plaintiff(s) setting forth the failure of Defendant(s) to 4 comply with said Paragraphs. 5

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7 IT IS SO STIPULATED:

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9 Dated: _________________________________________________ Plaintiff 10 Dated: _________________________________________________ 11 Attorney for Plaintiff 12

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14 Dated: _________________________________________________ Defendant(s)15

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19 ORDER APPROVING STIPULATION 20 The Stipulation of the parties outlined herein has been reviewed and approved by the Court. 21

22 IT IS SO ORDERED:

23 Dated: 24 _________________________________________________ JUDGE OF THE SUPERIOR COURT 25

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