Velo et al v. Cambrian Properties, LLC

Filing 62

Order by Magistrate Judge Donna M. Ryu granting 60 Stipulation.(dmrlc2, COURT STAFF) (Filed on 11/2/2012)

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Case4:11-cv-01443-DMR Document60 Filed11/01/12 Page1 of 4 1 5 BRANCART & BRANCART Christopher Brancart (SBN 128475) Liza Cristol-Deman (SBN 190516) P.O. Box 686 Pescadero, CA 94060 Tel: (650) 879-0141 Fax: (650) 879-1103 6 Attorneys for Plaintiffs 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 TANYA VELO; and B.V. and P.V., Minors, by their guardian ad litem TANYA VELO; and PROJECT SENTINEL, ) ) ) ) ) Plaintiffs, ) ) v. ) ) CAMBRIAN PROPERTIES LLC, a ) California Limited Liability Company, ) doing business as the BALMORAL ) LUXURY APARTMENTS, also known ) as the BALMORAL LUXURY HOMES, ) ) Defendant. ) ) Case No. CV11-01443 DMR [PROPOSED] CONSENT DECREE AND FINAL ORDER 19 20 This action was brought by plaintiffs alleging that defendant violated the Fair 21 Housing Act, 42 U.S.C. section 3601 et seq. and related state laws by discriminating 22 against families with minor children on the basis of familial status in connection with the 23 ownership and operation of the Balmoral Luxury Apartments in Santa Clara, California. 24 Plaintiffs and defendant have agreed that in order to avoid further litigation, the 25 controversy should be resolved without trial or adjudication on the merits, and therefore 26 have consented to the entry of this decree and order. By entering into this consent 27 decree and order (“order”), defendant makes no admission of liability or wrongdoing in 28 connection with the allegations and claims made by plaintiffs. [PROPOSED] CONSENT DECREE AND FINAL ORDER; CASE NO. CV11-01443 DMR 1 Case4:11-cv-01443-DMR Document60 Filed11/01/12 Page2 of 4 1 It is hereby ordered, adjudged, and decreed that: 2 3 MONETARY TERMS 1. Defendant shall make a monetary payment in the amount of $80,000 to 4 plaintiffs in the form of checks made payable to the Attorney-Client Trust Account of 5 Brancart & Brancart. This amount shall be distributed as follows: $18,000 to plaintiff 6 Tanya Velo; $1,000 to minor plaintiff BL; $1,000 to minor plaintiff PV; $15,000 to 7 plaintiff Project Sentinel, and $45,000 to plaintiffs’ attorneys to compensate for fees and 8 costs incurred in this matter. The monetary payment to be made by defendant is 9 inclusive of all claims for damages and attorneys’ fees and costs to be paid to plaintiffs. 10 This payment shall be made in monthly installments of at least $5,000 until the amount 11 is paid in full. 12 13 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. 14 15 RELEASE TERMS 3. Plaintiffs and defendant shall execute mutual waivers and releases 16 indicating that this order constitutes a full and final settlement of any and all claims that 17 they have related to the subject matter of this lawsuit. Those mutual waivers and 18 releases shall include a waiver of all known and unknown claims under California Civil 19 Code section 1542. 20 21 22 EQUITABLE TERMS 4. Defendant, its members, officers, employees, and agents shall comply with the following terms at each residential rental premises that they own or operate: 23 a. Abide by all state and federal fair housing laws; 24 b. If Defendant chooses to apply a numerical occupancy restriction at its 25 rental properties, that restriction shall permit at least two persons per bedroom, plus 26 one for the unit, or the so-called 2+1 standard. Defendant shall not restrict occupancy 27 in studio units to fewer than three persons; 28 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 2 Case4:11-cv-01443-DMR Document60 Filed11/01/12 Page3 of 4 1 housing discrimination?”(HUD official form 903.1, available free of charge by calling 2 HUD at (800) 669-9777, or on HUD’s website, located at or the DFEH 3 pamphlet entitled "Fair Housing: You are Protected Under California Law” (DFEH form 4 157H) to all prospective tenants and to all current tenants of their rental properties in 5 Spanish or in English. These pamphlets are available free of charge from HUD’s 6 website, located at; and DFEH’s website,; 7 d. When placing vacancy listings or advertisements on, or in 8 newspapers, flyers, or in any other location or publication, defendant shall be prohibited 9 from expressing a preference or limitation based on familial status, and shall include a 10 fair housing endorsement such as, “We’re a Fair Housing Provider,” or words to that 11 effect; 12 13 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, 14 f. Defendants shall attend and pay for attending a fair housing training 15 once per year for four years conducted by Tri-County Apartment Association and 16 attended by all owners, managers, assistant managers, leasing agents, and all other 17 agents at defendants’ rental properties who have contact with tenants or prospective 18 tenants. 19 DURATION AND ENFORCEMENT 20 5. This order shall be in effect for a period of five years from the date of entry 21 and the court shall retain jurisdiction for the purposes of enforcement. This order will 22 terminate at the end of the five-year period. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// [PROPOSED] CONSENT DECREE AND FINAL ORDER; CASE NO. CV11-01443 DMR 3 Case4:11-cv-01443-DMR Document60 Filed11/01/12 Page4 of 4 1 6. The parties shall attempt in good faith to work out any disputes that arise 2 under the terms of this order. Only after good faith attempts have been exhausted will 3 the parties request the assistance of the court in resolving such disputes. Ordered this 2nd day of November 2012. ___ __________, 4 5 6 Honorable Donna M. Ryu United States Magistrate Judge 7 8 9 APPROVED AS TO CONTENT AND FORM: 10 I hereby attest that all signatories whose names and conformed signatures (/s/)appear 11 below have consented in writing to this e-filed document. 12 13 14 15 /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 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] CONSENT DECREE AND FINAL ORDER; CASE NO. CV11-01443 DMR 4

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