HomeMy WebLinkAboutAgreement A-24-035.pdf DocuSign Envelope ID:A6096C67-C126-485C-ACES-562A886BC19E Agreement No. 24-035
1 DANIEL C. CEDERBORG
County Counsel—SBN 124260
2 KYLE R. ROBERSON
3 Senior Deputy County Counsel - SBN 285735
FRESNO COUNTY COUNSEL
4 2220 Tulare Street, 5th Floor
Fresno, California 93721
5 Telephone: (559) 600-3479
Facsimile: (559) 600-3480
6 Email: kroberson@fresnocountyca.gov Exempt From Filing Fees Pursuant
To Government Code Section 6103
7 Attorneys for Plaintiffs
8 COUNTY OF FRESNO and THE PEOPLE OF STATE OF CALIFORNIA
9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
10 CIVIL DIVISION
11
COUNTY OF FRESNO; and Case No. 21 CECGO2474
12 THE PEOPLE OF THE STATE OF
13 CALIFORNIA, by and through the
COUNTY OF FRESNO STIPULATION FOR ENTRY OF
14 JUDGMENT AND ORDER THEREON
Plaintiffs,
15
V. Judge Assigned for All Purposes—
16 Hon. Jon M. Skiles in Dept. 403
FARAZ GILL, an Individual; and DOES 1
17 through 50 inclusive,
18 Defendants.
19
20
21
22 Plaintiffs COUNTY OF FRESNO, a political subdivision of the State of California,
23 (the "County") and THE PEOPLE OF THE STATE OF CALIFORNIA, by and through Daniel
24 C. Cederborg, County Counsel for the County of Fresno, (hereinafter collectively referred to as
25 "Plaintiffs"); and Defendant FARAZ GILL, an Individual, ("Defendant") hereby desire and
26 agree to resolve the above-captioned matter through this stipulation for entry of judgment as
27 follows:
28
1
Stipulation for Entry of Judgment and Case No.21 CECG02474
Order Thereon
DocuSign Envelope ID:A6096C67-C12B-485C-ACEB-562A886BC19E
1 RECITALS
2 WHEREAS, Defendant owns, possesses, controls and maintains certain real property
3 located at and commonly known as 5450 North Van Ness Boulevard, Fresno, California 93711,
4 further identified as Assessor's Parcel Number (APN) 415-360-15 and is located within the
5 unincorporated area of Fresno County (hereinafter the "Subject Property"). The Subject Property
6 is legally described as follows:
7 PARCEL I:
8 LOT 25 OF TRACT NO. 2457, THE EXTENSION, IN THE
9 UNINCORPORATED AREA, COUNTY OF FRESNO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED MAY
10 25, 1973 IN BOOK 28 PAGE 6 OF PLATS, FRESNO COUNTY RECORDS.
11 PARCEL 2:
12
THAT PORTION OF WEST ROBINWOOD LANE WHICH WAS
13 ABANDONED BY OPERATION OF LAW AS EVIDENCED BY
14 RESOLUTION AND ORDER OF ABANDONMENT RECORDED AUGUST 4,
1997 AS INSTRUMENT NO. 97-988999, OFFICIAL RECORD.
15
16 WHEREAS, the Subject Property has been improved to include a single-family
17 residential building.
18 WHEREAS,the Subject Property is zoned R-1-EH (Single Family Residential Estate)
19 under Section 823 of the Fresno County Zoning Division. According to Section 823, properties
20 within the R-1-EH zoned district are intended to provide the development of single-family
21 residential estate homes. This zoned district designation is intended to protect the general welfare
22 by maintaining the quiet enjoyment of a single-family residential neighborhood.
23 WHEREAS, starting in May 2021, Defendant began holding prohibited events and
24 large parties at the Subject Property. Because of Defendant's large, disruptive, and dangerous
25 parties, criminal and nuisance activity dramatically increased in the surrounding area, generating
26 numerous public complaints and calls for service, and necessitating constant law enforcement
27 intervention and application of public resources, which substantially and unreasonably interfered
28 with the health and well-being of the surrounding neighborhood and community.
2
Stipulation for Entry of Judgment and Case No.21 CECGO2474
Order Thereon
DocuSign Envelope ID:A6096C67-C12B-485C-ACEB-562A886BC19E
1 WHEREAS, on August 23, 2021, Plaintiffs filed a Complaint for Injunctive Relief
2 and Other Relief to Abate a Public Nuisance and Nuisance Per Se ("Complaint").
3 WHEREAS, the Complaint seeks to abate violations of Zoning Division of the
4 County of Fresno ("Zoning Code") §§ 822.4-B and 823.4 and Ordinance Code of Fresno County
5 ("Ordinance Code") §§ 6.22.010-6.22.230 for using the Property for unpermitted outdoor events
6 and unlawful large parties. The Complaint further seeks to abate the excessive noise, disruptive
7 and dangerous conduct by the Defendant's invitees to the Subject Property that arise during these
8 large parties, and which constitute a public nuisance pursuant to Civil Code §§ 3479-3480.
9 WHEREAS, among the relief prayed for in the Complaint, Plaintiffs seek a
10 prohibitory permanent injunction to require Defendant to abate the violations of the Zoning Code
11 and Ordinance Code, prohibit Defendant from holding the large, loud, disruptive, and dangerous
12 events and parties at the Subject Property.
13 WHEREAS, on April 5, 2022, the Court issued a stipulated Temporary Restraining
14 Order to enjoin and restrain Defendant from the following: (1) causing music, noise or any other
15 sounds emanating from the Subject Property between the hours of 10:00 p.m. on a given day and
16 8:00 a.m. the subsequent day that can be heard from the street and/or outside the curtilage of the
17 Subject Property; (2) causing any strobing lights, flashing lights, lasers or other pulsing
18 luminating devices, other than lighting commonly used for residential purposes, to emanate from
19 the Property between the hours of 10:00 p.m. on a given day and 8:00 a.m. the subsequent day;
20 and (3) charging an entry fee of any kind to enter the Subject Property. Defendant was further
21 ordered to obey all Federal, State, and local laws, statutes, regulations, and ordinances applicable
22 to his and all other permitted persons' occupation, use and/or enjoyment of the Subject Property.
23 WHEREAS, on December 15, 2022, and after a hearing on the Court's Order to Show
24 Cause Regarding Issuance of the Preliminary Injunction, the Court issued the Order Granting
25 Preliminary Injunction against Defendant ("Preliminary Injunction"). The Preliminary Injunction
26 enjoined and restrained Defendant from the following: (1) causing music, noise or any other
27 sounds emanating from the Subject Property between the hours of 10:00 p.m. on a given day and
28 8:00 a.m. the subsequent day that can be heard from the street and/or outside the curtilage of the
3
Stipulation for Entry of Judgment and Case No.21 CECG02474
Order Thereon
DocuSign Envelope ID:A6096C67-C12B-485C-ACEB-562A886BC19E
1 Subject Property; and (2) causing any strobing lights, flashing lights, lasers or other pulsing
2 luminating devices, other than lighting commonly used for residential purposes, to emanate from
3 the Subject Property between the hours of 10:00 p.m. on a given day and 8:00 a.m. the
4 subsequent day. The Court further ordered that a willful violation of the Preliminary Injunction is
5 a misdemeanor pursuant to California Penal Code section 166, subdivision(a)(4).
6 WHEREAS, to avoid further litigation, the Parties enter into this stipulation for
7 judgment for Plaintiffs and issuance of a permanent injunction against Defendant.
8 STIPULATION
9 It is agreed by and between Plaintiffs and Defendant as to the following:
10 1. The recitals above are incorporated into this stipulation by this reference.
11 2. Defendant owns, possesses, controls, and maintains the Subject Property.
12 3. Defendant admits receipt of service of the Summons and Complaint, and Defendant
13 submits to the jurisdiction of this Court in this above-captioned action.
14 4. The Subject Property is zoned R-1-EH (Single Family Residential Estate) under
15 Section 823 of the Zoning Ordinance.
16 5. Plaintiffs and Defendant agree to have judgment entered as follows:
17 a. Judgment entered for Plaintiffs and against Defendant.
18 b. Defendant is permanently enjoined and restrained from causing music, noise, or
19 any other sounds to emanate from the Subject Property between the hours of
20 10:00 p.m. on a given day and 8:00 a.m. the subsequent day that can be heard
21 from the street and/or outside the curtilage of the Subject Property.
22 c. Defendant is permanently enjoined and restrained from causing strobing lights
23 and/or other flashing lights to emanate from the Subject Property between the
24 hours of 10:00 p.m. on a given day and 8:00 a.m. the subsequent day.
25 d. Defendant agrees to pay a monetary award in the amount of $1,000 for each
26 occasion Defendant violates the terms of this Order. The $1,000 monetary award
27 shall be paid to the County of Fresno with payment to be deposited in the Fresno
28 County Department of Public Works trust account for code enforcement
4
Stipulation for Entry of Judgment and Case No.21 CECG02474
Order Thereon
DocuSign Envelope ID:A6096C67-C12B-485C-ACEB-562A886BC19E
1 activities; designated under funding code: Org. 1188, Account 5800, Fund 0085,
2 Subclass 17408. Defendant authorizes the Court to issue the stipulated civil
3 monetary award in any enforcement proceeding by Plaintiffs to enforce this
4 Stipulation and this Order for entry of judgment in which Plaintiffs prevail. An
5 enforcement proceeding includes a civil contempt proceeding, hearing on a
6 motion to enforce judgment, or any other lawful proceeding for the enforcement
7 of civil judgments.
8 e. A willful violation of this Order is a misdemeanor pursuant to California Penal
9 Code section 166, subdivision (a)(4), and any other applicable law providing for
10 enforcement of valid orders issued by the Court.
11 f. Except as provided in this Stipulation, each party to this Stipulation agrees to bear
12 their own attorney's fees and costs incurred in this matter.
13 6. The Court shall retain jurisdiction over this matter for the purposes of enforcing this
14 Stipulated Judgment and issuing any further orders as necessary for the enforcement of this
15 judgment and the stipulated monetary award against Defendant for each occasion of the violation
16 of this Order, and award for all costs and fees incurred by Plaintiffs in enforcing this judgment.
17 7. The Parties to this Stipulation expressly warrant and represent that each is legally
18 authorized to act on behalf of the respective parties herein and have full rights to obligate and
19 bind the party to the terms of the conditions of this Stipulation pursuant to Code of Civil
20 Procedure section 664.6.
21 8. The Parties agree that the Stipulation may be executed in counterparts, each of which
22 shall be deemed an original instrument, and all when taken together, shall constitute the
23 Stipulation for Entry of Judgment.
24
25 [Signatures on next page]
26
27
28
5
Stipulation for Entry of Judgment and Case No.21 CECG02474
Order Thereon
DocuSign Envelope ID:A6096C67-C12B-485C-ACEB-562A886BC19E
1 IT IS SO STIPULATED
2 FOR PLAINTIFFS
3
4 Dated: ,7'o COUNTY OF FRESNO AND
5 THE PEOPLE OF THE STATE OF CALIFORNIA
ATTEST:
6 BERNICE E.SEIDEL
Clerk of the Board of Supervisors -
7 County of Fresno,State of California
8 ev_ ` �� Deputy By: NATHAN MAGSIG, Chairman of the
9 Board of Supervisors of the County of Fresno
10 APPROVED AS TO FORM:
11
12 Dated: - C "I DANIEL C. CEDERBORG
County Counsel
13
14
15 By: KY AR. ROBERSON, Senior Deputy
At orneys for Plaintiffs,
16 COUNTY OF FRESNO and
PEOPLE OF THE STATE OF CALIFORNIA
17
18 FOR DEFENDANT
DceuSfgne
19 Dated: December 29, 2023 B:PC
�T77f1MRA777dFd
20 FARAZ GILL, an Individual
21 Defendant
22
APPROVED AS TO FORM:
23
LAW OFFICE OF YAN SHRAYBERMAN
24
25 DocuSigned by:
Dated: December 29, 2023 B "lam' J yt,V1MgU�
26 t
YAN RMAN
27 Attorney for Defendant
28 FARAZ GILL, an Individual
6
Stipulation for Entry of Judgment and Case No.21 CECG02474
Order Thereon
DocuSign Envelope ID:A6096C67-C12B-485C-ACEB-562A886BC19E
1 ORDER
2 The Court, having read and considered the foregoing Stipulation between the parties,
3 and good cause appearing thereof,
4 HEREBY ORDERS:
5 JUDGEMENT IS ENTERED ON THE FOLLOWING TERMS:
6 1. Judgment is entered for Plaintiffs and against Defendant.
7 2. Defendant is permanently enjoined and restrained from the following:
8 a. Causing music, noise, or any other sounds to emanate from the Subject Property
9 between the hours of 10:00 p.m. on a given day and 8:00 a.m. the subsequent day
10 that can be heard from the street and/or outside the curtilage of the Subject
11 Property.
12 b. Causing strobing lights and/or other flashing lights to emanate from the Subject
13 Property between the hours of 10:00 p.m. on a given day and 8:00 a.m. the
14 subsequent day.
15 3. Defendant agrees to pay a monetary award in the amount of$1,000 for each occasion
16 Defendant violates the terms of this Order. The Court is authorized to issue the stipulated
17 civil monetary award in the amount of$1,000 against Defendant in any enforcement
18 proceeding by Plaintiffs to enforce this Order in which Plaintiffs prevail. An enforcement
19 proceeding includes a civil contempt proceeding, hearing on a motion to enforce
20 judgment, or any other lawful proceeding for the enforcement of civil judgments. The
21 $1,000 monetary award shall be paid to the County of Fresno with payment to be held in
22 the Fresno County Department of Public Works trust account for code enforcement
23 activities; designated under funding code: Org. 1188, Account 5800, Fund 0085, Subclass
24 17408.
25 4. A willful violation of this Order is a misdemeanor pursuant to California Penal Code
26 section 166, subdivision (a)(4), and any other applicable law providing for enforcement
27 of valid orders issued by the Court.
28 ///
7
Stipulation for Entry of Judgment and Case No.21 CECGO2474
Order Thereon
DocuSign Envelope ID:A6096C67-C12B-485C-ACEB-562A886BC19E
1 5. Each party to this Stipulation agrees to bear its own attorney's fees and costs incurred
2 in the preparation of this Stipulation and the resolution of this matter.
3 6. The Court shall retain jurisdiction over this matter for the purposes of enforcing this
4 Stipulated Judgment.
5 7. Plaintiffs shall be entitled to an award of reasonable costs and attorney's fees incurred
6 to enforce this Order.
7 8. The Parties to this Stipulation expressly warrant and represent that each is legally
8 authorized to act on behalf of the respective parties herein and have full rights to obligate
9 and bind the party to the terms of the conditions of this Stipulation and Order.
10
11 IT IS SO ORDERED.
12
13
14 Dated: By:
15 JUDGE OF THE SUPERIOR COURT
16
17
18
19
20
21
22
23
24
25
26
27
28
8
Stipulation for Entry of Judgment and Case No.21 CECG02474
Order Thereon