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1 xxxxxxxxxx
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3 xxxxxxxxxxxxxxxx
Attorney for Defendant
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SUPERIOR COURT OF CALIFORNIA
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SANTA CLARA COUNTY SUPERIOR COURT
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CIVIL DIVISION, DOWNTOWN FACILITY
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) Case No.:
XXXX, )
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) STIPULATION AND ORDER
Plaintiff, )
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)
v. )
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)
XXXX, )
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)
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Defendant.
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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff xxxx and
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Defendant xxxxxx that:
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1. Plaintiff grants Defendants time to vacate the premises, allowing them to remain in the
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premises up to _______________, 2010; and Defendant agrees not to seek any further
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stay from eviction beyond this date.
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2. Defendants will vacate the premises and return the keys to Plaintiff, on or before
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_______________, 2010.
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3. Plaintiff agrees to accept $__________ as satisfaction for all amounts allegedly owed,
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and will not seek to collect any further amounts from Defendants.
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Stipulation and [Proposed] Order
Case No.
 1 4. If Defendants comply with paragraph 2 of this STIPULATION, judgment shall not be

2 entered, and Plaintiff will file a dismissal of this action, with prejudice, on or before

3 _______________, 2010.

4 5. Unless and until Defendants violates paragraph 2 of this STIPULATION, Defendants

5 shall be considered the “prevailing party” for purposes of protecting her credit only and

6 in accordance with California Code of Civil Procedure Section 1161.2(a)(5). Said

7 outcome does not create a presumption of determination that Defendants “prevailed” on

8 the merits of this action. This agreement is to preserve Defendants’ credit and ability to

9 rent from future landlords and is a material term of this STIPULATION. In order to give

10 effect to this paragraph, the parties hereby jointly petition the Court for an order to

11 continue to maintain restricted access to the court record for this action, accessible only

12 to the persons described in California Code of Civil Procedure 1161.2(a)(1-4). The

13 parties further stipulate that this order shall be lifted only in the event Plaintiff obtained

14 judgment against Defendants as described in paragraph 5 of this STIPULATION.

15 6. If Defendants violate paragraph 2 of this STIPULATION, Plaintiff shall be entitled to

16 judgment for immediate restoration of possession of the premises. Plaintiff may obtain

17 said judgment by ex parte application to the Court, coupled with a declaration under

18 penalty of perjury setting forth the facts constituting Defendants’ failure to perform in

19 accordance with the foregoing provisions. Before attempting to obtain said judgment,

20 Plaintiff’s attorney shall provide Defendants notice at least one full court day prior to the

21 intended ex parte appearance.

22 7. If either party fails to comply with any of the above conditions other than paragraph 2 of

23 this STIPULATION, the other party has a right to have a hearing before the Court

24 regarding the alleged failure to comply with the terms of this STIPULATION. The Court

25 shall have the authority to enforce any and all of the terms of this STIPULATION.

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Stipulation and [Proposed] Order
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 1 8. The parties enter into this STIPULATION freely in order to resolve the possession of the

2 premises and without admission by either party of fault or liability.

3 9. Each party agrees to bear its own attorneys fees and costs relating to the present action, as

4 well as any action arising from this STIPULATION.

5 10. This STIPULATION sets forth the entire agreement between the parties with respect to

6 the matters addressed herein. It shall not be altered or modified unless such alteration or

7 modification is in writing and signed by all signatories hereto.

8 11. A faxed copy of this STIPULATION, bearing the faxed signatures of all

9 signatories hereto, may be used for all purposes in lieu of an original.

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11 Dated: _____, ___, 2010

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Dated:
13 __________________________________________
Defendant(s)
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Dated:
15 __________________________________________
Plaintiff
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ORDER
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The Court having read and reviewed the foregoing STIPULATION of the parties, and
21 finding good cause appearing therefore,

22 IT IS HEREBY ORDERED THAT THE CLERK OF THE COURT CONTINUE TO

MAINTAIN RESTRICTED ACCESS TO THE COURT RECORD FOR THIS ACTION IN
23 ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1161.2(a)
(5). Access to all court records pertaining to this case shall be accessible only to persons
24 described in Code of Civil Procedure section 1161.2(a)(1)-(4), namely:
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(1) To a party to the action, including a party's attorney.

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Stipulation and [Proposed] Order
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 (2) To any person who provides the clerk with the names of at least one plaintiff and one
1 defendant and the address of the premises, including the apartment or unit number, if any.
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(3) To a resident of the premises who provides the clerk with the name of one of the
3 parties or the case number and shows proof of residency.

4 (4) To any person by order of the Court, which may be granted ex parte, on a showing of
good cause.
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7 DATED:
JUDGE OF THE COURT
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Stipulation and [Proposed] Order
Case No.