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Fair Housing Council of San Fernando Valley, Inc., Gabriela Lopez v. Sanford A. Katz

November 10, 2011

FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY, INC., GABRIELA LOPEZ, AND ELSY QUEVEDO,
PLAINTIFFS,
v.
SANFORD A. KATZ, AS TRUSTEE OF SANFORD A. KATZ AND CAROLYN R. KATZ INTER-VIVOS TRUST OF 1979; CAROLYN KATZ, AS TRUSTEE OF SANFORD A. KATZ AND CAROLYN R. KATZ INTER-VIVOS TRUST OF 1979; STATEWIDE MANAGEMENT, INC., AND MIGUEL DELOYA,
DEFENDANTS.



The opinion of the court was delivered by: Honorable Otis D. Wright United States District Judge

CONSENT DECREE RE ALL DEFENDANTS

I. INTRODUCTION

This action was brought by plaintiffs Gabriela Lopez, Elsy Quevedo and the Fair Housing Council of San Fernando Valley (FHCSFV) alleging that defendants Sanford Katz, Carolyn Katz, Statewide Management, Inc. and Miguel Deloya violated the Fair Housing Act, 42 U.S.C. § 3601 et seq. and related state laws. Specifically, plaintiffs allege that defendants, acting through their agent, Miguel Deloya, engaged in a pattern or practice of discrimination and harassment against female tenants on the basis of sex in connection with their ownership and operation of the Lanark Court Apartments, located at 21715 Lanark Street in Canoga Park, California. Defendants have denied all material allegations in this action.

Plaintiffs and defendants have agreed that in order to avoid protracted and costly litigation, the controversy should be resolved without trial or adjudication on the merits, and therefore have consented to the entry of this decree and order. By entering into this consent decree, defendants make no admission of liability or wrongdoing in connection with the allegations and claims made by plaintiffs.

It is hereby ORDERED, ADJUDGED, and DECREED that:

II. MONETARY TERMS

1. Defendants shall make a monetary payment for damages in the form of a check made payable to the Attorney-Client Trust Account of Brancart & Brancart in the amount of two hundred sixty-five thousand dollars ($265,000.00) in full settlement of all claims in this action, including attorneys' fee and costs. This check shall be delivered to Brancart & Brancart, 8205 Pescadero Road, Loma Mar, CA 94021 within 10 days of entry of this decree.

III. RELEASE TERMS

2. Subject to the terms of this decree, plaintiffs and defendants shall execute mutual waivers and releases indicating that this decree constitutes a full and final settlement of any and all claims that they have related to the subject matter of this lawsuit. Those mutual waivers and releases shall include a waiver of all known and unknown claims under California Civil Code § 1542.

IV. EQUITABLE TERMS Defendant Miguel Deloya

3. Within 30 days of entry of this decree, defendants agree that defendant Miguel Deloya shall cease and desist from any management of any rental dwelling. It is understood by the parties that defendant Miguel Deloya shall, along with his counsel, execute a stipulation for entry of a separate consent order, which provides: Within 30 days of entry of this decree, defendants agree that defendant Miguel Deloya shall cease and desist from any management of any rental dwelling.

4. Within 30 days of entry of this decree, defendants agree that defendant Miguel Deloya shall cease and desist from any contact with any present or former female tenant of the Lanark Court Apartments and any females who become tenants of the Lanark Court Apartments subsequent to the entry of this decree, excluding his family members. It is understood by the parties that defendant Miguel Deloya shall, along with his counsel, executed a stipulation for entry of a separate consent order, which provides: Within 30 days of entry of this decree, defendants agree that defendant Miguel Deloya shall cease and desist from any contact with any present or former female tenant of the Lanark Court Apartments and any females who become tenants of the Lanark Court Apartments subsequent to the entry of this decree, excluding his family members.

Lanark Court Apartments

5. Within 180 days of entry of this decree, defendants Sanford Katz, Carolyn Katz and Statewide Management, Inc. shall retain a California Apartment Association ("CAA") Certified Residential Manager to serve ...


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