Marin — CV092

Source: https://www.marin.courts.ca.gov/system/files/cv092-stipulationandordertostayonpremisesn12-20n-1.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 AND ORDER TO 14 vs. STAY ON 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 8 and 11 below. 24 1. Defendant(s) will remain in possession of the premises located at ____________________25

26 ______________________________________________________________, California.

27 2. Defendant(s) agree to the following requirements regarding conduct on the premises: 28

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1 _______________________________________________________________________________

2 ______________________________________________________________________________.

3 3. Defendant(s) shall make the following payments of in the amount of $__________, which 4 reflect all sums due and owing through ______________________________. 5

6 Date payment is due: Amount of payment:

7 _________________ $_________________ 8 _________________ $ _________________ 9 _________________ $ _________________ 10 _________________ $ _________________ _________________ $ _________________11 _________________ $ _________________ 12 _________________ $ _________________ 13

14 a. This amount _____ does ______ does not include a reduction for habitability 15

defects at the premises.16

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

18 close of business (5:00 p.m.) on the due date. 19 c. Plaintiff will accept payment in the following forms:20

21 _____ Money order

22 _____ Cashiers’ check 23

24 _____ Personal check or cash

25 _____ Third party payments (i.e., charities, churches, or family members) 26 4. Defendant(s) shall pay his/her regular monthly rent of $_________ on the ________ of27

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1 each month for ___________ months.

2 5. Each party shall bear their own costs and attorneys’ fees incurred herein. 3

6. The rental agreement under which Defendant(s) holds possession of said property shall be 4

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

6 this Stipulation.

7 7. Defendant(s) warrants and represents that they are the sole occupant(s) of the subject 8 premises and that the premises has not been rented, assigned, subleased, etc. to any third party at 9

any time prior to the execution of this Stipulation. Defendant(s) agrees that they shall not allow10

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

12 the premises to any third party.

13 8. Plaintiff hereby dismisses the pending action. Plaintiff and Defendant(s) agree that the 14 Court retains jurisdiction over this matter for purposes of enforcing the Stipulation, pursuant to 15

CCP § 664.6. Upon compliance with the terms of this Stipulation, Plaintiff shall dismiss the16

17 remaining enforcement portion of this action, in its entirety, with prejudice, by no later than

18 _______________. If Plaintiff fails to file a Request for Dismissal by this date, Defendant(s) may

19 file a Request for Dismissal.

20 9. The parties agree that the matter shall remain confidential (“masked”) unless a judgment is 21

entered by the court based upon a breach of this Stipulation.22

23 10. Each signatory hereto represents that they have the express authority from the party or

24 parties they represent to sign for and bind that party to the terms herein. 25 11. In the event of non-compliance with Paragraphs 2, 3 or 4, Plaintiff shall give 24 hours’26

27 notice to the Defendant(s) at the following phone number and electronic mail address:

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1 ______________________________, and ________________________________ and appear in

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

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

6 IT IS SO STIPULATED:

7 Dated: _________________________________________________ 8 Plaintiff

9 Dated: _________________________________________________ 10 Attorney for Plaintiff

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12 Dated: _________________________________________________13 Defendant(s) 14

15 ORDER APPROVING STIPULATION

16 The Stipulation of the parties outlined herein has been reviewed and approved by the Court.

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18 IT IS SO ORDERED:

19 Dated: _________________________________________________ 20 JUDGE OF THE SUPERIOR COURT

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