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FAIR HOUSING OF MARIN v. GOLDEN GATE TRAILER PARK

April 16, 2003

FAIR HOUSING OF MARIN, A CALIFORNIA NON-PROFIT CORPORATION; ROY L. SMITH, PLAINTIFFS,
v.
GOLDEN GATE TRAILER PARK, A CALIFORNIA LIMITED LIABILITY CORPORATION; WALLACE S. HOLMES; DORA M. HOLMES; DEFENDANTS.



The opinion of the court was delivered by: Thelton E. Henderson, United States District Judge.

CONSENT DECREE

This action was brought by plaintiffs Fair Housing of Marin and Roy Smith (the "plaintiffs") alleging, inter alia, that the defendants violated the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., by refusing to rent to Hispanics. Named as defendants were Golden Gate Trailer Park, Wallace Holmes and Dora Holmes (the "defendants").

The defendants have at all times denied the plaintiffs' claims of discrimination and both plaintiffs and defendants recognize that the ultimate result of this litigation cannot be predicted with certainty. Moreover, these parties recognize that continuation of the litigation would involve substantial additional fees and costs.

Whereas, plaintiffs and defendants have carefully and amicably considered the issues of damages, costs, attorneys' fees and affirmative injunctive relief sought by the plaintiffs, and agree that such issues should be resolved without further litigation; and,

Whereas, by agreeing to this consent decree, the defendants do not admit to any liability to the plaintiffs;

It is, therefore, mutually agreed between the plaintiffs and defendants, subject to the approval of the court, as follows:

1. The defendants shall pay plaintiff Fair Housing of Marin the sum of $20,000, plaintiff Roy L. Smith the sum of $15,000, and plaintiffs' attorney D. Scott Chang the sum of $20,000 in form of checks made payable to each of them no later than March 7, 2003. This payment is inclusive of all monetary payments to be made by the defendants to the plaintiffs, including attorneys fees and costs.

2. Defendant Golden Gate Trailer Park LLC shall execute a satisfaction of judgment stating that the judgments for damages and attorney's fees obtained in the unlawful detainer action Golden Gate Trailer Park LLC v. Roy Smith, Marin County Superior Court No. CV-3923, has been satisfied. The satisfaction of judgment shall be delivered to plaintiffs' counsel no later than March 7, 2003.

3. The parties shall execute mutual releases and waivers attached as Exhibit I indicating that this Consent Decree constitutes a full and final settlement of any and all claims related to the subject matter of this action.

4. The defendants, their agents, employees, successors and all persons in active concert or participation with them are permanently enjoined from:

a. Failing to rent, or refusing to negotiate for rental of, or otherwise making unavailable or denying, any dwelling because of race, color, religion, sex, handicap, familial status, or national origin;

b. Discriminating against any person in the terms, conditions, or privileges of the rental of a dwelling or in the provision of services or facilities in connection therewith. because of race, color, religion, sex, handicap, familial status or national origin;

c. Making, printing, publishing or causing to be made, printed or published any notice, statement, or advertisement with respect to the rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, six, handicap, familial status, or national origin;

d. Representing to any person because of race, color, religion, six, handicap, familial status, or national origin that any dwelling is not available to rent ...


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