United States District Court, N.D. California, (San Jose)
November 15, 2005.
VICTORIA CRISIONE, DIANA ZANFARDINO, TATIANA MARIN, LOUIS JOSVAI AND BILLIE JOSVAI, Plaintiffs,
MHC FINANCING LIMITED PARTNERSHIP, dba CALIFORNIA HAWAIIAN MOBILE ESTATES, DOES 1 through 100, inclusive, Defendants.
The opinion of the court was delivered by: JEREMY FOGEL, District Judge
FINAL JUDGMENT AND ORDER DISMISSING ACTION PURSUANT TO
STIPULATION (NUNC PRO TUNC)
This action was commenced in January, 2003. The essence of
Plaintiffs' complaint is that three (3) mobilehome spaces, which
are the subject of the action, should receive rent controlled
rents. Defendants have asserted that the spaces are rent control
exempt as "new construction" as that term is defined by the City
of San Jose's Mobilehome Rent Control Ordinance and that no
contract or other viable theory of liability exists to impose
artificial rent limits upon Defendants.
Defendants filed a motion for summary judgment and, prior to
that motion coming on for hearing, the parties engaged in
substantive settlement discussions with the Court. A settlement was reached and the terms of that
settlement was recited in open Court and agreed upon by the
parties. An essential term and element of that settlement was
that the Court would enter a final judgment dismissing the
action. Moreover, in addition to simply dismissing the action, it
was stipulated and agreed that the parties would enter into a
long term lease, (which the Court is informed has been prepared
and executed by all parties) that the parties would execute
mutual agreement and release as part of the settlement (which the
Court is again advised has been prepared and fully executed by
all parties) and that the Court's order of dismissal would
specifically note and reference that the three (3) mobilehome
spaces that were the subject of this action are legally and
factually exempt from the City of San Jose's Rent Control
The parties, having fully performed the terms of the settlement
agreement by executing the agreed upon documents to complete the
settlement, including long-term leases and a mutual settlement
and release agreement, now ask the Court to enter its order in
accordance with the terms and provisions of the settlement.
THEREFORE, IT IS ORDERED, ADJUDICATED AND DECREED that Spaces
412, 413 and 414 of Cal Hawaiian Mobile Estates are exempt from
the City of San Jose's Rent Control Ordinance as "new
construction" pursuant to Section 17.22.350 of the City of San
Jose's Municipal Code.
Pursuant to the agreement of the parties, this Judgment
constitutes an affirmative ruling on the merits of this action
and the action is dismissed with prejudice. Pursuant to the terms
of the agreement of the parties, each party has agreed to bear
their own attorney fees and costs.
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