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CRISIONE v. MHC FINANCING LIMITED PARTNERSHIP

United States District Court, N.D. California, (San Jose)


November 15, 2005.

VICTORIA CRISIONE, DIANA ZANFARDINO, TATIANA MARIN, LOUIS JOSVAI AND BILLIE JOSVAI, Plaintiffs,
v.
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 Ordinance.

  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.

20051115

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