Velo et al v. Cambrian Properties, LLC
Filing
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Order by Magistrate Judge Donna M. Ryu granting 60 Stipulation.(dmrlc2, COURT STAFF) (Filed on 11/2/2012)
Case4:11-cv-01443-DMR Document60 Filed11/01/12 Page1 of 4
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BRANCART & BRANCART
Christopher Brancart (SBN 128475)
cbrancart@brancart.com
Liza Cristol-Deman (SBN 190516)
lcristoldeman@brancart.com
P.O. Box 686
Pescadero, CA 94060
Tel: (650) 879-0141
Fax: (650) 879-1103
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TANYA VELO; and B.V. and P.V.,
Minors, by their guardian ad litem
TANYA VELO; and PROJECT
SENTINEL,
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Plaintiffs,
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v.
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CAMBRIAN PROPERTIES LLC, a
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California Limited Liability Company, )
doing business as the BALMORAL
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LUXURY APARTMENTS, also known )
as the BALMORAL LUXURY HOMES, )
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Defendant.
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Case No. CV11-01443 DMR
[PROPOSED] CONSENT DECREE AND
FINAL ORDER
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This action was brought by plaintiffs alleging that defendant violated the Fair
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Housing Act, 42 U.S.C. section 3601 et seq. and related state laws by discriminating
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against families with minor children on the basis of familial status in connection with the
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ownership and operation of the Balmoral Luxury Apartments in Santa Clara, California.
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Plaintiffs and defendant have agreed that in order to avoid further litigation, the
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controversy should be resolved without trial or adjudication on the merits, and therefore
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have consented to the entry of this decree and order. By entering into this consent
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decree and order (“order”), defendant makes no admission of liability or wrongdoing in
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connection with the allegations and claims made by plaintiffs.
[PROPOSED] CONSENT DECREE AND FINAL ORDER; CASE NO. CV11-01443 DMR
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Case4:11-cv-01443-DMR Document60 Filed11/01/12 Page2 of 4
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It is hereby ordered, adjudged, and decreed that:
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MONETARY TERMS
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Defendant shall make a monetary payment in the amount of $80,000 to
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plaintiffs in the form of checks made payable to the Attorney-Client Trust Account of
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Brancart & Brancart. This amount shall be distributed as follows: $18,000 to plaintiff
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Tanya Velo; $1,000 to minor plaintiff BL; $1,000 to minor plaintiff PV; $15,000 to
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plaintiff Project Sentinel, and $45,000 to plaintiffs’ attorneys to compensate for fees and
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costs incurred in this matter. The monetary payment to be made by defendant is
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inclusive of all claims for damages and attorneys’ fees and costs to be paid to plaintiffs.
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This payment shall be made in monthly installments of at least $5,000 until the amount
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is paid in full.
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2.
In the event that defendant files for protection under the bankruptcy laws,
the amount still due under paragraph 1 shall be deemed non-dischargeable.
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RELEASE TERMS
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Plaintiffs and defendant shall execute mutual waivers and releases
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indicating that this order constitutes a full and final settlement of any and all claims that
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they have related to the subject matter of this lawsuit. Those mutual waivers and
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releases shall include a waiver of all known and unknown claims under California Civil
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Code section 1542.
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EQUITABLE TERMS
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Defendant, its members, officers, employees, and agents shall comply
with the following terms at each residential rental premises that they own or operate:
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a. Abide by all state and federal fair housing laws;
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b. If Defendant chooses to apply a numerical occupancy restriction at its
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rental properties, that restriction shall permit at least two persons per bedroom, plus
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one for the unit, or the so-called 2+1 standard. Defendant shall not restrict occupancy
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in studio units to fewer than three persons;
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c. Provide a copy of the HUD pamphlet entitled “Are you the victim of
[PROPOSED] CONSENT DECREE AND FINAL ORDER; CASE NO. CV11-01443 DMR
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Case4:11-cv-01443-DMR Document60 Filed11/01/12 Page3 of 4
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housing discrimination?”(HUD official form 903.1, available free of charge by calling
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HUD at (800) 669-9777, or on HUD’s website, located at www.hud.gov) or the DFEH
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pamphlet entitled "Fair Housing: You are Protected Under California Law” (DFEH form
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157H) to all prospective tenants and to all current tenants of their rental properties in
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Spanish or in English. These pamphlets are available free of charge from HUD’s
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website, located at www.hud.gov; and DFEH’s website, www.dfeh.ca.gov;
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d. When placing vacancy listings or advertisements on Craigslist.org, or in
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newspapers, flyers, or in any other location or publication, defendant shall be prohibited
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from expressing a preference or limitation based on familial status, and shall include a
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fair housing endorsement such as, “We’re a Fair Housing Provider,” or words to that
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effect;
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e. Display a fair housing poster (HUD official form 928) in a conspicuous
location in a common area, such as the rental office, mail area, or laundry room; and,
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f. Defendants shall attend and pay for attending a fair housing training
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once per year for four years conducted by Tri-County Apartment Association and
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attended by all owners, managers, assistant managers, leasing agents, and all other
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agents at defendants’ rental properties who have contact with tenants or prospective
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tenants.
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DURATION AND ENFORCEMENT
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5.
This order shall be in effect for a period of five years from the date of entry
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and the court shall retain jurisdiction for the purposes of enforcement. This order will
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terminate at the end of the five-year period.
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///
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///
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///
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///
[PROPOSED] CONSENT DECREE AND FINAL ORDER; CASE NO. CV11-01443 DMR
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6.
The parties shall attempt in good faith to work out any disputes that arise
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under the terms of this order. Only after good faith attempts have been exhausted will
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the parties request the assistance of the court in resolving such disputes.
Ordered this 2nd day of November 2012.
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__________,
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Honorable Donna M. Ryu
United States Magistrate Judge
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APPROVED AS TO CONTENT AND FORM:
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I hereby attest that all signatories whose names and conformed signatures (/s/)appear
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below have consented in writing to this e-filed document.
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/s/ Liza Cristol-Deman
Liza Cristol-Deman
BRANCART & BRANCART
Attorneys for Plaintiffs
November 1, 2012
Dated
/s/ Jessica Woelfel
Jessica Woelfel
MCDONALD CARANO WILSON LLP
Attorneys for Defendant
November 1, 2012
Dated
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[PROPOSED] CONSENT DECREE AND FINAL ORDER; CASE NO. CV11-01443 DMR
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