California
Is this a stipulation of judgement and go on my record and a eviction judgement? also the plan goes past the 60day temp seal..??
IT IS HEREBY STIPULATED by and between the parties hereto as follows:
1. The undersigned defendant is the present tenant in possession of
the premises known as **********, California ******; the allegations of the complaint filed herein are true and admitted by defendant; at the time of the execution of this stipulation tenant is in default in the payment of rent of ****** representing rent through October 31, 2011;
2. That by reason of the filing of the complaint, Plaintiff has incurred attorney’s fees and court costs of *****
3. The unlawful detainer complaint will be resolved as follows:
A. Tenant agrees to pay the delinquent rent of ****** together with December, 2011, and January, 2012, rent each in the sum of ****** the court costs and attorney’s fees of *****on the following payment schedule:
1. The sum of ****** on execution of this settlement and stipulation;
2. The sum of ******* on or before 11/18/11;
3. Regular rent for the month of December, 2011, in the sum of $***** on or before 12/1/11;
4. The sum of ****** on or before 12/15/11;
5. Regular rent for the month of January, 2011, in the sum of ******
together with the sum of ****** for a total of $******* on or before
1/1/12;
B. If all of the payments are made as agreed, Plaintiff shall dismiss the action in its entirety.
C. This agreement shall not be filed with the court unless and until there is a breach of the agreement. Upon execution of this settlement and stipulation Plaintiff shall cause a Notice of Settlement to be filed with the court.
D. In the event any of the payments provided herein are not made on the dates
due, Plaintiff may proceed and obtain judgment for possession and for rent, attorney’s fees, court costs, and any other relief to which it may be entitled less any payments made pursuant to this agreement together with any costs and attorney’s fees necessary in obtaining judgment. Relief may be obtained by declaration of counsel to the court on an ex parte basis (without further notice or court hearing.) Tenant agrees to waive his right to notice of the ex parte hearing.
E. Time is of the essence of this agreement.
F. All payments shall be paid, except the initial payment, to ********
G. Tenant acknowledges and alleges that he is the only adult living at the
premises and that there are no other adults with a right or claim of right to possession of the premises.
4. This writing is the entire agreement of the parties hereto. This agreement may be signed in counterpart and all signature pages with either original or facsimiles of original signatures shall constitute the entire agreement.
Is this a stipulation of judgement and go on my record and a eviction judgement? also the plan goes past the 60day temp seal..??
IT IS HEREBY STIPULATED by and between the parties hereto as follows:
1. The undersigned defendant is the present tenant in possession of
the premises known as **********, California ******; the allegations of the complaint filed herein are true and admitted by defendant; at the time of the execution of this stipulation tenant is in default in the payment of rent of ****** representing rent through October 31, 2011;
2. That by reason of the filing of the complaint, Plaintiff has incurred attorney’s fees and court costs of *****
3. The unlawful detainer complaint will be resolved as follows:
A. Tenant agrees to pay the delinquent rent of ****** together with December, 2011, and January, 2012, rent each in the sum of ****** the court costs and attorney’s fees of *****on the following payment schedule:
1. The sum of ****** on execution of this settlement and stipulation;
2. The sum of ******* on or before 11/18/11;
3. Regular rent for the month of December, 2011, in the sum of $***** on or before 12/1/11;
4. The sum of ****** on or before 12/15/11;
5. Regular rent for the month of January, 2011, in the sum of ******
together with the sum of ****** for a total of $******* on or before
1/1/12;
B. If all of the payments are made as agreed, Plaintiff shall dismiss the action in its entirety.
C. This agreement shall not be filed with the court unless and until there is a breach of the agreement. Upon execution of this settlement and stipulation Plaintiff shall cause a Notice of Settlement to be filed with the court.
D. In the event any of the payments provided herein are not made on the dates
due, Plaintiff may proceed and obtain judgment for possession and for rent, attorney’s fees, court costs, and any other relief to which it may be entitled less any payments made pursuant to this agreement together with any costs and attorney’s fees necessary in obtaining judgment. Relief may be obtained by declaration of counsel to the court on an ex parte basis (without further notice or court hearing.) Tenant agrees to waive his right to notice of the ex parte hearing.
E. Time is of the essence of this agreement.
F. All payments shall be paid, except the initial payment, to ********
G. Tenant acknowledges and alleges that he is the only adult living at the
premises and that there are no other adults with a right or claim of right to possession of the premises.
4. This writing is the entire agreement of the parties hereto. This agreement may be signed in counterpart and all signature pages with either original or facsimiles of original signatures shall constitute the entire agreement.