Settlement Agreement And Court Order {CV-43}

: (Court Use Only) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA PLAINTIFF(S)/PETITIONER(S): _ DEFENDANT(S)/RESPONDENT(S): SETTLEMENT AGREEMENT AND COURT ORDER asdf (UNLAWFUL DETAINER) Amssadf Case Number: MCV- NOTE: This form is an Agreement between the parties to resolve the issues in this Unlawful Detainer instead of going to trial. In its final form, this Agreement shall become an enforceable Order of the court in this Unlawful Detainer action. This form is not a judgment in favor of either party. This Agreement provides that should the Defendant comply with all of its provisions, then this Unlawful Detainer action shall be dismissed. This Agreement further provides that should the Defendant fail to comply with certain provisions, the Plaintiff, upon application to the court, with sufficient advance notice to the Defendant, shall be entitled to the entry of a judgment for the relief sought in the Unlawful Detainer complaint. The parties shall choose the provisions they wish to have as part of this Agreement by putting an "X" in the appropriate box. This form includes an attachment with optional additional provisions to add to the Agreement. IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff (s) (name) ________________________________________________________________________________________________________ and Defendant(s) (name) _______________________________________________________________________________________ concerning the premises known as (address of property at issue) ________________________________________________________________________________ (hereinafter "the premises") that: 1. This Unlawful Detainer action is hereby removed from the court trial calendar because possession is no longer an issue. 2. On or before (time of day) _________________ on (date) ______________________ Defendant(s) shall surrender possession of the premises to Plaintiff(s) and turn in the keys to Plaintiff or Plaintiff's agent at (address if applicable): ______________________________________________________________________________________________________________. 3. Upon execution of this Agreement, Defendant(s) shall immediately pay to Plaintiff the amount of $ _________________ as and for rent owing to Plaintiff for the period of time from (date) ________________ to (date) ___________________. 4. On or before (time of day) _________________ on (date) ______________________ Defendant(s) shall pay to Plaintiff(s) the amount of $_____________ as and for rent owing to Plaintiff for the period of time from (date) _______________ to (date) ___________. 5. Plaintiff(s) hereby waives all rent and rental damages due from Defendant(s) through (date)_______________________________. 6. If the parties perform all of the obligations of this Agreement, Plaintiff(s) shall file a "Request for Dismissal, Entire Action", [Judicial Council form #982(a)(5)] within forty-five (45) days of the filing date of this Agreement or not later than three weeks from its satisfactory conclusion, whichever occurs last. If either party defaults, then either party, by order of the court, shall have judgment entered as set forth herein, upon ex parte application to the court setting forth the default. NOTE: Any party contemplating an ex parte application should check with the Civil Division of the court to confirm current ex parte procedures. Information about the court's Civil ex parte procedures can be found on the court's website. Settlement Agreement and Court Order 1 Approved for Optional Use American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF DEFENDANT CASE NUMBER 7. A party making an ex parte application to the court under this agreement shall provide at least 24 hours advance written notice to the opposing party of its intent to make the ex parte application. The Notice shall be provided in writing to the other party, or the party's attorney as follows: Address of Plaintiff (s): _______________________________________________________________________________________ Address of Defendant (s): _____________________________________________________________________________________ The parties shall notify each other immediately of any changes in the above referenced addresses. 8. This matter is set for court review on (date) ____________ at (time) ___________ in Department ___. NOTE: If either party intends to appear at that review date, they must give notice to the other party as called for herein, that they will be appearing along with the reason for that appearance. If neither party appears for the court review, and the Plaintiff (s) has not filed a Request for Dismissal, Entire Action, the court will dismiss this Unlawful Detainer action without prejudice. 9. The parties hereby incorporate as though set forth herein, the additional provisions set forth in Attachment _____ to this Agreement. 10. With respect to the payment of funds contemplated by this Agreement, the form of payment shall by: _____ Cash (with receipt) _____Certified Check/Money Order _____ Personal Check 11. No terms, conditions or performances set forth or incorporated herein are intended to, nor shall be construed to, establish or reestablish a landlord-tenant relationship between any of the parties hereto. No payments made herein shall be characterized as rent. DATED: _______________ Plaintiff(s) ___________________________ Defendant(s) _____________________________ ___________________________ _____________________________ Attorney's approval as to form: ___________________________ _____________________________ ORDER GOOD CAUSE APPEARING, it is so ordered. DATED: _______________ ___________________________________________________ Judge / Commissioner of the Superior Court Settlement Agreement and Court Order 2 Approved for Optional Use American LegalNet, Inc. www.FormsWorkFlow.com SHORT TITLE CASE NUMBER ATTACHMENT (Number): _____ TO SETTLEMENT AGREEMENT AND COURT ORDER Page ___ of ____ INCORPORATED ADDITIONAL TERMS AND CONDITIONS ____ Defendant(s) herein agree that the voluntary or involuntary surrender of possession of the subject premises shall act as and constitute a no recourse waiver of all of Defendant(s) rights to reclaim any personal property remaining thereafter upon the subject premises, regardless of character or value. By such waiver, Defendant(s) agree that they shall have specifically waived all provisions set forth in California Civil Code Sections 1980 through 1991, regarding the disposition of such abandoned pe