This action was brought by plaintiffs Sabrina Smith, Amber Moorehead, Kimberly Davis and Coalition for Economic Survival against defendants Balubhai G. Patel, individually and as trustee of Balubhai Patel Revocable Trust dated March 14, 2007, Apolinar Arellano, Adela Fernandez Arellano, Arellano & Galicia, Inc., and Kudali Research & Development, Inc., alleging that defendants, or their agents, violated the federal Fair Housing Act, 42 U.S.C. §§ 3601, et seq., and related California state laws, by engaging in a pattern or practice of sexual harassment of female residents of the Lafayette Hotel in Los Angeles, California. Defendants have denied all material allegations in the complaint.
The parties have agreed that in order to avoid protracted and costly litigation, the controversy should be resolved without a trial and therefore have consented to entry of this decree. 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:
1. Defendants shall make monetary payments in the amount of five hundred fifty thousand dollars ($550,000.00) in the form of a check or checks made payable to the Attorney-Client Trust Account of Brancart & Brancart, and shall deliver that payment to Brancart & Brancart, 8205 Pescadero Road, Loma Mar, CA 94021 within thirty (30) days of entry of this decree. Of the total payment of five hundred fifty thousand dollars ($550,000.00), Balubhai G. Patel shall pay three hundred fifty thousand dollars ($350,000.00), Lloyds of London shall pay one hundred forty thousand dollars ($140,000.00), and Century Surety shall pay sixty thousand dollars ($60,000.00). These payments shall be inclusive of any claim for damages, attorneys' fee or costs claimed by plaintiffs. Each payor shall be individually responsible to plaintiff for his or its specified payment.
B. Mutual Release & Dismissal
2. Plaintiffs and defendants shall execute a mutual release indicating that this decree constitutes a full and final settlement of any and all claims that each has related to this action, except as to plaintiff Kimberly Davis, who shall execute a separate mutual release with defendants. Each mutual release shall include a waiver of Civil Code section 1542, and include all known and unknown claims. This action may be dismissed, subject to the terms of this decree, reserving jurisdiction for purposes of enforcement.
3. Defendants, their owners, officers, or managers shall comply with the following terms:
a. Effective within 60 days from entry of this decree, defendant
Apolinar Arellano shall cease and desist from any role or authority as a manager, operator or agent in the connection with the operation or management of any rental dwelling*fn1 ;
b. Effective within 60 days from entry of this decree, defendant Adela Fernandez Arellano and her agents or employees shall cease and desist from any role as a manager, operator or agent in the connection with the operation or management of the Lafayette Hotel;
c. Effective 120 days from entry of this decree, defendant Balubhai G. Patel shall require any employee or agent involved in the management or operation of any rental dwelling owned or operated by him or any entity controlled by him to:
(1) Place and maintain a copy of either the HUD fair housing poster (HUD form 928) or DFEH fair housing poster (DFEH form 157H and 157S) in a conspicuous location at each rental dwelling where it ...