SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION Case No. CGC EXIDBITSA-B

Transcription

1 CITY AND COUNTY OF SAN FRANCISCO, a Municipal Corporation; Ellld the PEOPLE OF THE STATE OF CALIFORNIA, by and through Dennis J. 1 Herrera, City Attorney for the City and County of San Francisco, Plaintiffs, vs.. 1 ERIK M. ROGERS, an individu;al, ANSHU 0 ~INGH, an individual, and DOE 1 through DOE0, 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION Case No. CGC--1 STIPULATED PERMANENT INJUNCTION BETWEEN PLAINTIFFS CITY AND COUNTY OF SAN FRANCISCO AND PEOPLE OF THE STATE OF CALIFORNIA AND DEFENDANTS ERIK M. ROGERS AND ANSHU SINGH; EXIDBITSA-B Defendants. Date Action Filed: May, 0 Trial Date: July, 01 This Stipulated Injunction ("Injunction" or "Order") is the result of a negotiated compromise and was presented before the above-c~ptioned Court, the Honon&~ALD E. QUIDAC~siding. Plaintiffs, CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, and the PEOPLE 1 STIP PERM INJ, CASE CGC -1

2 I 1 OF THE STATE OF CALIFORNIA ("Plaintiffs" or the "City"), were represented by their attorney, DENNIS J. HERRERA, City Attorney, appearing through VICTORIA L. WEATHERFORD, Deputy City Attorney. Defendants ERIK M. ROGERS ("ROGERS") AND ANSHU SINGH ("SINGH") (collectively, "Defendants") were represented by their attorney, TAD DEVLIN, from the law firm KAUFMAN DOLOWICH VOLUCK. Plaintiffs have alleged that, from at least July 01 to present, the property located at Banks S:treet, San ~rancisco, California, Assessor's Block, Lot 00, more particularly described in Exhibit A, attached hereto and incorporated herein, was maintained in the following unlawful conditions: was unlawfully converted from residential (RH-1) use to hotel use from July 01 to October 0; was used for unlawful short-term rentals from July 01 to October 0; was unlawfully used and maintained in violation of the San Francisco municipal codes, tlie State Housing Law, and the Unfair Competition Law from at least July 01 to present; and was unlawfully converted from single-family use (RH-1) to two-family use from at least July 01 to present. Plaintiffs and Defendants ("Parties") consent to entry of this Injunction as an Order by the Court without a noticed motion, hearing or trial. 1 Defendants having stipulated to the provisions set forth herein, the Court having reviewed the provisions, the Parties having agreed to the issuance of this Order, and good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1 A. JURISDICTION. This Court has jurisdiction over the subject matter and each of the 0 parties in this action. The Court issues this Order pursuant to its authority under Health and Safety 1 Code section 0, et seq., Civil Code section 1, and Business and Professions Code sectipn 0. B. RETENTION OF JURISDICTION. The San Francisco Superior Court shall retain jurisdiction to take such further actions as may be necessary or appropriate to implement or enforce this Order for 0 months from the date of entry of this Order ("INJUNCTIVE TERM''). This INJUNCTION will expire at the end of the INJUNCTIVE TERM, unle"ss extended or shortened by mutual written agreement of the Parties or by further order of the Court. The Court expressly retains jurisdiction to modify this Order as the ends of justice may require. The Court may hear and decide

3 1 issues regatding the scope and effect of the injunctive provisions, herein. Any party to this Order may apply to the Court at any time, after making a reasonable effort to meet and confer with the other parties, for further orders and directions as may be necessary or appropriate for the construction, 1 application, modification or carrying out of the injunctive provisions, herein. Upon a properly noticed motion to all parties, the Court can modify any of the injunctive provisions hereof and take such further action as may be necessary or appropriate to carry into effect the injunctive provisions hereof, and for the punishment of violations of same, if any. PLAINTIFFS assert they have authority under California Law to maintain this action for the protection of the People of the State of California and the citizens of the City and County of San Francisco concerning the conduct alleged in the Complaint. C. APPLICATION. The provisions of this INJUNCTION are applicable to Defendants ERIK M. ROGERS and ANSHU SINGH, as well as their agents, employees, successors, and assigns, and all natural or corporate persons acting in concert or participating with them or any of them. D. illdicial OVERSIGHT OF THIS INJUNCTION. For the duration of the INJUNCTIVE TERM, all disputes arising from this INJUNCTION and all hearings regarding 1 compliance with this INJUNCTION shall be brought to the Real Property Division (Department 01) of this Court, for resolution and/or hearing. E. INJUNCTIVE PROVISIONS 1 IT IS ORDERED that DEFENDANTS are hereby enjoined and restrained from engaging in, 0 committing, or performing, directly or indirectly, any and all of the following acts at Banks, San 1 Francisco, California, Assessor's Block, Lot 00 ("THE PROPERTY"), and any other real property located in the State of California that they own, lease, sub-lease, and/or rent, now or at any time during the INJUNCTIVE TERM, in whole or in part, as an individual, jointly with any other. perimn or legal entity, or through their membership or ownership interest in a trust, limited liability company, corporation, or any other legal entity ("OTHER PROPERTY") (collectively, "ANY PROPERTY"): /II

4 1 1. Maintaining THE PROPERTY, or any OTHER PROPERTY, in such a manner or condition as to violate Business and Professions Code Sections 00 et seq., Health and Safety Code sections et seq., or the San Francisco Municipal Codes;.. Offering or converting THE PROPERTY for "tourist or transient use" as that term is defined in San Francisco Administrative Code section la, or for "hotel" use as that term is defined in San Francisco Planning Code section, or applying for a permit, certificate, or any other approval from the City and County of San Francisco to conduct any such ''tourist or transient use" or "hotel" use at THE PROPERTY for a period of sixty (0) months from the date of entry of this Order; 1. Renting, leasing, collecting rent for, or offering ANY PROPERTY or any portion thereof for human habitation without first obtaining all required Planning, Building, or other City permits and approvals; and IT IS FURTHER ORDERED that DEFENDANTS shall, '. Obey all laws, including, but not limited to, Business and Professions Code Sections 00, et seq., Health and Safety Code sections et seq., and the San Francisco Municipal Codes, in the ownership, operation and maintenance of ANY PROPERTY;. Obey all laws, including, but not limited to, Business and Professions Code Sections 00, et seq., Health and Safety Code sections et seq., or the San Francisco 1 Municipal Codes, in the maintenance of ANY PROPERTY, including the hiring of any 0 construction, handyman, contractor, or like business or activity, including obtaining any and all _ 1 required permits before commencing any such work and obtaining all final inspections and sign-offs;. Within one hundred and eighty (0) days from the date of entry of this Order, abate all existing Code violations at THE PROPERTY, including obtaining all inspections and sign-offs, unless further extensions are granted by DBI or the Planning Department;. Upon ninety-six () hours' notice by phone and by the City Attorney's Office to DEFENDANTS or their designated agent, and any tenant occupying ANY PROPERTY, DEFENDANTS shall provide access to the interior of ANY PROPERTY to

5 I allow inspection pursuant to Civil Code Section I(a)(). DEFENDANTS' failure to provide access to the City Attorney's Office will constitute a violation of this INJUNCTION. DEFENDANTS shall provide the City Attorney's Office with updated and telephone information for themselves, any designated agent, and all tenants at ANY PROPERTY;. Notify the City Attorney's Office, within fourteen () days, of ANY PROPERTY that ROGERS or SINGH acquire during the term of the INJUNCTION, and provide a copy of the deed, lease, and/or 'other document(s) evidencing ROGERS's or SINGH's ownership or leasehold;. Notify the City Attorney's Offic~, within fourteen (I) days, of any residential, IO I I I I I I commercial, charitable, or other tenancy created between ROGERS or SINGH as lessor and any other person or entity as lesee at ANY PROPERTY during the duration of the INJUNCTION, and provide a copy of the lease for the new tenancy. DEFENDANTS may redact any social security numbers, personal financial information, or medical information of their tenants (does not the amount of rent payable). ROGERS and SINGH shall also provide any new tenant with a copy of this INJUNCTION. I IO. Notify the City Attorney's Office, within fourteen () days, of any change in I IS ownership or tenancy created as outlined in Sections ES and E, including any terminations of tenancy. I F. BAN ON ALL SHORT-TERM RENTALS AT THE PROPERTY. DEFENDANTS 0 agree that they will not offer, advertise, or let THE PROPERTY for any stays ofless than 0 days. I DEFENDANTS further agree that the San Francisco Office of Short-Term Rentals may block THE PROPERTY and/or place it on a "blacklist" of properties ineligible to receive City permission, approval, or any certificate authorizing DEFENDANTS or any other person (including any tenant, property manager, or other person) to conduct "short term rentals" (that is, converting THE PROPERTY to "tourist" or "transient use" as those words are or may be defined in San Francisco Administrative Code section IA) at THE PROPERTY. The restrictions in this section remain in effect for a period of sixty (0) months from the date of entry of this ORDER.

6 1 G. INSPECTION. In order to monitor compliance with this Order, DEFENDANTS shall allow, and Plaintiffs may conduct quarterly inspections of ANY PROPERTY to determine compliance with Business and Professions Code Sections 00, et seq., Health and Safety Code sections et seq., or the San Francisco Municipal Codes. DEFENDANTS shall abate any violations discovered during such inspections within the time period given by the inspector, plus any extensions granted. If such violations identified are not cured within the timeframe given by the inspector, plus any extensions granted, DEFENDANTS will be in violation of this INJUNCTION. H. NOTICE TO SUBSEQUENT INTEREST HOLDERS Should Defendants sell, transfer, assign, or otherwise dispose of the Property, Defendants shall: Notify the City Attorney's Office of the proposed sale, transfer, assignment, or other disposition;.... Identify under oath any relationship between Defendants and the purchaser, transferee or assignee;. Prior to forming the sale, transfer, assignment, or other disposition, give notice and provide a copy of this Order to the purchaser, transferee Qr assignee;. Prior to (or from the escrow associated with) the proposed sale, transfer, assignment, or other disposition, pay all amounts still owed to Plaintiffs; and. Require the purchaser, transferee or assignee, as a condition of the sale, transfer, assigmn~nt or other dispositi.on, to sign this Order and agree to be bound by its terms without limitation, by completing and endorsing the Addendum attached to this Order, unless such a purchaser is a bona fide third party purchaser, as described in Section H. below. See Exhibit B.. The provisions of Section H. shall not apply to any sale, transfe~, assignment or disposition of the entire interest in the Properties to a bonafide third party purchaser. A bona fide third party is any entity or individual except: i) Defendants, or any of them; ii) any company, partnership, corporation, limited liability company or other entity affiliated in any way with any of the Defendants, or in which any of the Defendants has any interest; iii) any

7 1 person related at any time by blood, marriage, adoption, or civil union to any of the Defendants, or any entity (including but not limited to any company, partnership, corporatign, or limited liability company) or trust affiliated with such person or in which such person has any interest; iv) any trust created in part or in full for the benefit of any Defendant; v) any trust created in part or in full for the benefit of any person related at any time by blood, marriage, adoption, or civil union to any Defendant. I. ENFORCEMENT. 1. A violation of any of the provisions of this INJUNCTION constitutes contempt of Court. Upon proper notice to all PARTIES, the terms o.f this INJUNCTION may be enforced.through a contempt proceeding, a motion to enforce, or any other proceeding recognized by the Court for enforcement of an injunction. In the event that it is determined by a Judge of this Court, after hearing, that DEFENDANTS have violated any of the terms of this INJUNCTION, DEFENDANT_S may be held in contempt of court, and/or may be ordered to pay additional civil penalties of up to $,000 for each violation of this INJUNCTION, pursuant to Business and Professions Code Section In the event that it is determined, after hearing, that DEFENDANTS were cited for new code violations during the pendency of this INJUNCTION, and the violations existed but were not corrected within the time limit provided by the inspecting agency, including any 1 extensions granted, DEFENDANTS shall pay applicable civil penalties under the San 0 Francisco Municipal Codes for each day the violations were permitted to remain after the 1 period of time to correct had expired.. Following entry of this INJUNCTION, Plaintiffs shall be entitled to recover reasonable and actual attorneys' fees and costs incurred in enforcing this INJUNCTION.. Any fines, penalties, or other monetary relief specified in this paragraph shall be in apdition to any other relief, including, legal or equitable sanctions, including, but not limited to, extending the term of this INJUNCTION.

8 1. The San Francisco Superior Court expressly reserves jurisdiction to take such further action as may be necessary or appropriate to carry into effect the provisions of this INJUNCTION. J. DBI, PLANNING, AND OFFICE OF SHORT-TERM RENT AL ASSESSMENT FEES. Defendant shall separately pay all DBI, Planning Department, and/or Office of Short-Term Rental assessment fees related to THE PROPERTY directly to those departments within the deadline given in their invoice or demand, plus any. extensions given, or be in violation of this INJUNCTION. K. CIVIL PENALTIES, FEES AND COSTS. Concurrent with this INJUNCTION, the Parties have entered a Stipulated Judgment and Order for Monetary Penalties ("JUDGMENT"). Failure to comply with the JUDGMENT constitutes a violation of this INJUNCTION, for which Plaintiffs may seek additional remedies, including attorneys' fees and costs incurred in enforcing the JUDGMENT. L. RECORDATION. This INJUNCTION shall be filed with the San Francisco Superior Court. This INJUNCTION shall be recorded at the San Francisco Recorder's Office against the title to any real property that ROGERS or SINGH acquire Gluring the INJUNCTIVE TERM (except via lease, 1 sub-lease, or renting), where it_ will remain for the duration of the INJUNCTIVE TERM. M. NO WAIVER OF RIGHT TO ENFORCE. The failure of Plaintiffs to enforce any provision of this INJUNCTION shall in no way be deemed a waiver of such provision or in any way 1 affect the validity of the INJUNCTION. No oral advice, guidance, SlJggestion or comments by 0 PLAINTIFFS' employees or officials regarding matters covered in the INJUNCTION shall be 1 construed to relieve DEFENDANTS of their obligations. STIPULATED: Dated: (t f S' { 'io\ y DENNIS J. HERRERA City Attorney PETER J. KEITH Chief Attorney VICTORIA L. WEATHERFO ~puty

9 1 Dated: Dated: H /.S f-z..otf' APPROVED AS TO FORM Dated: ll { /?AJ1 ~ CITY AND COUNTY OF SAN FRANCISCO and PEOPLE OF THE STATE OF CALIFORNIA ANSHUSINGH Defendant Dated: IT IS SO ORDERED: &t~- By:_._.""'-""~,.A.L:!i-=;...= :.,; - VICTORIA L. WEATHERFO Attorneys for Plaintiffs CITY AND COUNTY OF SAN FRANCISCO and PEOPLE OF THE STATE OF CALIFORNIA. TAD DEVLIN KAUFMAN DOLOWICH VOLUCK Attorney for Defendants ERIK M. ROGERS and ANSHU SINGH 1 Dated: JUDGE OF THE SUPERIOR COURT CCSF v. Eric M. Rogers et al. San Francisco Superior Court No. CGC--1 STIP PERM INJ, CASE COC--1

10 Dated: HI s /-z..ot t Dated: //0 APPROVED AS TO FORM Dated: ll ( /io1 '. Dated: l\\\)s \l'li IT IS SO ORDERED: CITY AND COUNTY OF SAN FRANCISCO and PEOPLE OF THE STATE OF CALIFORNIA ERIK. OG D~d,~ ~ ANSHU.SINGH Defendant DENNIS J. HERRERA City Attorney PETER J. KEITH Chief Attorney VICTORIA L. WEATHERFORD D uty Ci~ ttorney ~- /1 By:.. VICTORIA L. WEATHERFO Attorneys for Plaintiffs CITY AND COUNTY OF SAN FRANCISCO ~d PEOPLE OF THE STATE OF CALIFORNIA TAD DEVLIN, KAUFMAN DOLOWICH VOLUCK Attorney for Defendants ERIK M. ROGERS and ANSHU SINGH 1 Dated: RONALD E. QUIDACHAY NOV 0 0 JUDGE OF THE SUi>ERIOR COURT CCSF v. Eric M. Rogers et al. San Francisco Superior Court No. CGC--1

11 Exhibit A B INDEX TO EXHIBITS Description Property Description for Banks Street, San Francisco, California Addendum to Stipulated Injunction

12 1 EXHIBIT A

13 1 EXHIBIT A Banks Street Block, Lot 00 The land referred to herein below is situated in the City and County of San Francisco, State of California, and is described as follows: Beginning at a point on the westerly line of Banks Street, distant thereon 0 feet southerly from the southerly line of Eugenia Avenue; running thence southerly along said line of Banks Street feet; thence at a right angle westerly 0 feet; thence at a right angle northerly feet; thence at a right angle easterly 0 feet to the point ofpeginning. Being Lot No., according to map entitled "Gift: Map No. 1," filed November, 1, in Book "A" and "B" of Maps at Page, In the office of the Recorder of the City and County of San Francisco, State of California. APN:

14 I EXHIBITB II

15 . ~ EXHIBITB ADDENDUM TO STIPULATED INJUNCTION CCSF et al. v. ERIK M ROGERS, et al., San Francisco Superior Court Case Number CGC-- 1 AGREEMENT OF PURCHASERS, TRANSFEREES, ASSIGNEES TO BE BOUND BY THE TERMS OF THE INJUNCTION (NAME of purchaser, transferee, assignee) is a purchaser, transferee, assignee of the property located at Banks Street, San Francisco, California. (NAME) has received a copy of the Stipulated Injunction (the "Injunction") issued by the Court on and filed in this action on and has read its contents. (NAME) agrees to be bound without limitation by the terms of the Injunction, and agrees to perform any and all obligations of Defendants, ERIK M. ROGERS AND ANSHU SINGH, that may be required under the terms of the Injunction or under such Court order as may. be necessary or appropriate to enforce the provisions thereof. (NAME) further agrees that the Court shall have jurisdiction over (NAME) to enforce the terms of this Injunction and to issue such orders as may be necessary or appropriate to enforce the provisions thereof. 0 1 DATED: (NAME) PURCHASERffRANSFEREE/ASSIGNEE