HomeMy WebLinkAboutAgreement A-25-085 Stipulation for Entry of Judgment and Order Thereon.pdf Agreement No. 25-085
1 DANIEL C. CEDERBORG
County Counsel—State Bar No. 124260
2 KYLE R. ROBERSON
Deputy County Counsel— State Bar No. 285735
3 FRESNO COUNTY COUNSEL
4 2220 Tulare Street, Suite 500
Fresno, California 93721
5 Telephone: (559) 600-3479
Facsimile: (559) 600-3480
6 Email: kroberson@fresnocountyca.gov
7 Attorneys for Plaintiffs
COUNTY OF FRESNO and THE PEOPLE OF THE STATE OF CALIFORNIA
8
9 SUPERIOR COURT OF CALIFORNIA,
10 COUNTY OF FRESNO, CIVIL DIVISION
11
12 COUNTY OF FRESNO; and Case No. 210ECG01116
THE PEOPLE OF THE STATE OF
13 CALIFORNIA,by and through the STIPULATION FOR ENTRY OF
COUNTY OF FRESNO JUDGMENT AND ORDER THEREON
14 (Code Civ. Proc. § 664.6)
Plaintiffs,
15 Judge for all Purposes:
16 V. Honorable Kristi Culver Kapetan
17 FRED ADAMS; CLIFFTON ADAMS, JR.;
MARQUIS DESHAY; NINA MILLER Action filed: April 20, 2021
18 DESHAY; JAMES BROOKS; SAM
WHITE; MERCEDES WHITE; LEONTE
19 ALBERTY; RIVERDALE IRRIGATION
DISTRICT; and DOES 1 through 50
20 inclusive,
21 Defendants.
22
23
24 Plaintiffs COUNTY OF FRESNO ("County") and THE PEOPLE OF THE STATE OF
25 CALIFORNIA, by and through the COUNTY OF FRESNO (hereinafter collectively referred to
26 as "Plaintiffs"); and defendants FRED ADAMS; CLIFFTON ADAMS, JR., MARQUIS
27 DESHAY,NINA MILLER DESHAY, and JAMES BROOKS (hereinafter collectively referred to
28 as "Defendants"), Plaintiffs and Defendants collectively referred as the "Parties," hereby desire
Stipulation for Entry of Judgment and Order Thereon I Case No.21 CECG01116
1 and agree to resolve the above-caption matter through this stipulation for entry of judgment as
2 follows,":
3 RECITALS
4 WHEREAS, Defendants own,possess, control, and maintain certain real property located at
5 and commonly known as 20526 South Garfield Avenue, Riverdale, California 93656, further
6 identified as Assessor's Parcel Numbers (APN) 053-120-54 and 053-120-55S, located within the
7 unincorporated area of Fresno County (hereinafter the "Property"). The Property is legally
g described as follows:
9 The North 1/2 of the of Lot 10, in Section 20, Township 17 South, Range 19 East,
Mount Diablo Base and Meridian, according to the map of Summit Lake
10 Investment Co. Subdivision No. 2, in the County of Fresno, State of California,
11 recorded in Book 4, Page 6, Record of Surveys, Fresno County Records.
12 Excepting therefrom 1/2 of all oil,gas,minerals,or other hydro-carbons which may
be found on the surface or under the surface as reserved in deed recorded 8/13/1959
13 in Book 4260, Page 322, Fresno County records.
14 Excepting therefrom 1/2 of all oil, minerals or other hydro-carbons which may be
15 found on the surface or under the surface as reserved in deed recorded 7/26/1979
16 in Book 7336, Page 585, Fresno County Records.
17 WHEREAS, the Property is a 20-acre parcel and is zoned AE-20 (Exclusive Agricultural
18 District— a 20 acreage minimum). A parcel with the "AE" District designation is intended to be
19 exclusively used for agriculture and for those uses which are necessary and an integral part of the
20 agricultural operation. The "AE" District designation is intended to protect the general welfare of
21 the agricultural community from encroachment of non-related agricultural uses which by their
22 nature would be injurious to the physical and economic well-being of the agricultural district.
23 WHEREAS, beginning in 2018, the Property was used for illegal dumping of trash,junk,
24 green waste, debris, and tires and the burning of this trash, junk, and other solid waste. The
25 Property also attracted a number of unhoused individuals who placed recreational vehicles,mobile
26 homes, travel trailers and temporary structures on the Property to be used as living quarters. The
27 Property was unlawfully occupied by these unknown individuals who operated an unpermitted
28 junk yard and illegal waste disposal site on the Property.
Stipulation for Entry of Judgment and Order Thereon 2 Case No.21 CECG01116
1 N
2 WHEREAS, on April 20, 2021, Plaintiffs filed the above-entitled action alleging violations
3 of the Zoning Division of the County of Fresno, Ordinance Code of Fresno County Ordinance
4 Code and public nuisance against Defendants to seek injunctive relief to abate an excessive amount
5 of trash and debris on the Property.
6 WHEREAS, service of summons was completed on all Defendants, and Defendants filed
7 answers in this action. Therefore, this Court obtained personal jurisdiction over Defendants.
8 WHEREAS, on June 23, 2021, Plaintiffs requested, and the court entered the dismissals
9 without prejudice of defendants Mercedes White and Riverdale Irrigation District.
10 WHEREAS,on August 24,2021, default was entered against defendants Leonte Alberty and
11 Sam White.
12 WHEREAS, in April 2022, the County contacted the California Environmental Protection
13 Agency ("CalEPA") and the California Department of Resources Recycling and Recovery
14 ("CalRecycle") for resources and assistance to abate the substantial amount of trash and debris on
15 the Property.
16 WHEREAS, on or about October 11, 2022, CalRecycle committed to assist the County to
17 clean up the illegal waste disposal site at the Property through CalRecycle's illegal disposal site
18 abatement program.
19 WHEREAS, on December 12, 2022, CalRecycle, through its contractor, began the cleanup
20 work to abate the trash and debris on the Property and abate the illegal dump site.
21 WHEREAS, on or about February 9, 2023, CalRecycle completed the cleanup work and
22 abated the trash and debris on the Property.
23 WHEREAS, the Defendants, through their counsel of record, cooperated with the County
24 and CalRecycle to enable CalRecycle to abate the trash and debris on the Property.
25 WHEREAS, the Complaint seeks to abate violations of Zoning Division of the County of
26 Fresno and Ordinance Code of Fresno County Ordinance Code for the accumulation of trash,junk,
27 green waste, debris, and tires and the burning of this trash, junk, and other solid waste on the
28 Property.
Stipulation for Entry of Judgment and Order Thereon 3 Case No.21 CECG01116
1 WHEREAS, among the relief prayed for in the Complaint, Plaintiffs seek a prohibitory
2 permanent injunction to enjoin and restrain Defendants from accumulating, storing, collecting
3 and/or maintaining trash, debris, rubbish, and waste materials on the Property.
4 WHEREAS,Plaintiffs require assurances that the Defendants will not allow illegal dumping
5 or the accumulation of waste and debris on the Property after the expenditure of significant public
6 resources to clean up the Property.
7 WHEREAS,to avoid further litigation,the Parties enter into this stipulation for judgment for
g Plaintiffs and issuance of a permanent injunction.
g STIPULATION
10 It is agreed by and between Plaintiffs and Defendants as to the following:
11 1. The recitals above are incorporated into this stipulation by this reference.
12 2. Defendants own, control, and are in possession of the Property.
13 3. Defendants admit receipt of service of the Summons and Complaint, and Defendants
14 submit to the jurisdiction of this Court in this above-captioned action.
15 4. Plaintiffs and Defendants agree to have judgment entered as follows:
16 A. Defendants shall be permanently enjoined, restrained and prohibited from
17 accumulating, storing, collecting, and/or maintaining trash, debris, rubbish, and
18 waste materials on the Property, except within designated waste receptacles and
19 bins;
20 B. The County is authorized to enter and inspect the Property with at least 24-hours'
21 notice by telephone, email or in-person notification to Defendants, with these
22 inspections limited to occur between the hours of 8:00 am and 6:00 pm and only on
23 Mondays through Fridays, without a warrant or further orders from this Court to
24 monitor compliance with the terms of this stipulated judgment for a period of three
25 hundred sixty-five (365) calendar days from service of the Notice of Entry of
26 Judgment;
27 C. Defendants agree that if trash, debris, rubbish, and waste materials are found and
28 remain on the Property and after fifteen (15) days written notice from the County
Stipulation for Entry of Judgment and Order Thereon 4 Case No.21 CECG01116
1 to remove the trash, debris,rubbish, and waste materials, the County may enter the
2 Property abate the trash, debris, rubbish, and waste materials that remain on the
3 Property.
4 D. In event the County must enter the Property and abate any trash, debris, rubbish,
5 and waste materials from the Property,Defendants agree to be financial responsible
6 for any cleanup and abatement costs the County may incur in the removal of any
7 trash, debris, rubbish, and waste material from the Property.
8 E. Each Defendant individually agrees to a monetary award in the amount of one
9 thousand dollars($1,000)to be paid to Plaintiffs with and payable to the County of
10 Fresno within ninety(90) days of from service of the Notice of Entry of Judgment.
11 The settlement drafts are to be delivered to the Office of Fresno County Counsel,
12 c/o Kyle R. Roberson, 2220 Tulare Street, Suite 500, Fresno, California 93721;
13 F. Except as expressly provided in this Stipulated Judgment, each party to this
14 Stipulation agrees to bear its own attorney's fees and costs incurred in this matter;
15 G. Upon entry of this Stipulated Judgment, the County shall record a Notice of
16 Withdrawal of Lis Pendens.
17 5. The Court shall retain jurisdiction over this matter for the purposes of enforcing this
18 Stipulated Judgment and issuing any further orders as necessary, and the entry of orders for the
19 County and against the Defendants for all costs incurred by the County in abating the illegal
20 conditions.
21 6. The parties to this Stipulation expressly warrant and represent that each is legally
22 authorized to act on behalf of the respective parties herein and have full rights to obligate and bind
23 the parties to the terms of the conditions of this Stipulation pursuant to Code of Civil Procedure
24 section 664.6.
25 7. The parties agree that the Stipulation may be executed in counterparts, each of which
26 shall be deemed an original instrument,and all when taken together, shall constitute the Stipulation
27 for Entry of Judgment.
28 [Signatures on Next Page]
Stipulation for Entry of Judgment and Order Thereon 5 Case No.21 CECG01116
1 IT IS SO STIPULATED.
2
3 FOR PLAINTIFFS
4
5 Dated: _ 3 --ll 'o?D25 COUNTY OF FRESNO AND
THE PEOPLE OF THE STATE OF CALIFORNIA
6
7
8
9 By: ERNEST BUDDY ftENDES, Chairman of the
Board of Supervisors of the County of Fresno
1 ATTEST:
BERNICE E.SEIDEL
11 Clerk of the Board of Supervisors
APPROVED AS TO FORM:. County of Fresno,State of California
12 By / Deputy
13
Dated: February 19, 2025 DANIEL C. CEDERBORG
14 County Counsel
15
16 /� �6Qi2Q.dll�
17 By: KYLFCI, . ROBERSON, Senior Deputy
Attorneys for Plaintiffs,
18 COUNTY OF FRESNO and
PEOPLE OF THE STATE OF CALIFORNIA
19
20 FOR DEFENDANTS
21
22
Dated: By
23 FRED ADAMS, an Individual
24
25
26 Dated: By
27 CLIFFTON ADAMS, JR., an Individual
28
Stipulation for Entry of Judgment and Order Thereon 6 Case No.21 CECG01116
1 IT IS SO STIPULATED.
2
3 FOR PLAINTIFFS
4
5 Dated: COUNTY OF FRESNO AND
6 THE PEOPLE OF THE STATE OF CALIFORNIA
7
8
9 By: ERNEST BUDDY MENDES, Chairman of the
10 Board of Supervisors of the County of Fresno
11
12 APPROVED AS TO FORM:
13
14 Dated: DANIEL C. CEDERBORG
County Counsel
15
16
17 By: KYLE R. ROBERSON, Senior Deputy
Attorneys for Plaintiffs,
18 COUNTY OF FRESNO and
19 PEOPLE OF THE STATE OF CALIFORNIA
20 FOR DEFENDANTS
21
22
Dated:
.- -�', �5 By
23 FRED AbAMS, 6 Individual
24
25
26 Dated: By /vidual
27 CL TO ADAMS,J an In
28
Stipulation for Entry of Judgment and Order Thereon 6 Case No.210ECG0I 116
11/22/2024 6:46 Phi FAX 511) 666 1354 COPY 11'ORLD 100002/0002
1 Dated: _ 8y
2 MARQUIS DESHAY, an Individual -
3
4
5 Dated: T By _
NTNA MILLER DESHAY., an Individual
6
7
8 Dated: o`Z G Byja -
JAMES BROOKS, an Individual
Pro to Defendant
10
11
92 APPROVED AS TO FORM:
13
14 Date: LAW OFFICES OF RANDOLF KREBHEKCK
15
16
17 By.
RANDOLF KRBECHEK
18 Attorney for Defendants
FRED ADAMS, CLIFFTON ADAMS, JR.,
19 and NINA MILLER DESHAY
20
21
Date: PAUL C. FRANCO,ATTORNEY AT LAW
22
23
24 8y.
PAUL C. FRANCO
25 Attorney for Defendant
MARQUIS DESHAY
26
27
28 [Proposed Order on Next Page]
Stipulation for Entry of Judgment and Order Thereon Case No,21 CECG41116
7
2
Dated:
3 CLII^FTON YkDAMS, jTC it Individual
4
13
Dated:
5 India-
7i
Dated:
9 NZINA MILLER DESHAY., an Individuat
101
Dated: —-----
121 DAMES BROOKS, an Individual
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14
15
I APPROVED AS TO FORM:
16
17
Date: LAW OFFICES OF RANDOLF KREBIHEKCK
18 !
19
20 By-. RANDOLF KRBECHEK
Attorney tior Defendants
211 FRED ADAMS. CLIFF,TON ADA.N4S,JR..
and NINTA MILLER DESHAY
22
23 :
24 .1 11712- ' PAIL C. FRA-NCO, ATTORNEY AT LAW
i Date:
1 --
25
2611
By:
27 l P UL C.PRAN CO 0
Attorney for Defend
28 MARQUIS DES11AY
S�6p,tja-tj-on for-entry olfludgrnenl and Order-Thereon Casa Na2 1 CECC-0 I 116
7
1 Dated: By
MARQUIS DESHAY, an Individual
2
3
4
Dated: By
5 NINA MILLER DESHAY., an Individual
6
7
g Dated: By
JAMES BROOKS, an Individual
9 Pro Se Defendant
10
11
12 APPROVED AS TO FORM:
13
14
Date: Feb. 3, 2025 LAW OFFICES OF RANDOLF KREBHEKCK
15
16
By:
17 RANDOUF KRBECHEK
Attorney for Defendants
18 FRED ADAMS, CLIFFTON ADAMS, JR.,
19 and NINA MILLER DESHAY
20
21 Date: PAUL C. FRANCO, ATTORNEY AT LAW
22
23
By:
24 PAUL C. FRANCO
25 Attorney for Defendant
MARQUIS DESHAY
26
27
28 [Proposed Order on Next Page]
Stipulation for Entry of Judgment and Order Thereon 7 Case No.21 CECG01116
1 ORDER
2 The Court, having read and considered the foregoing Stipulation between the parties,
3 and good cause appearing thereof,
4 HEREBY ORDERS JUDGEMENT TO BE ENTERED ON THE FOLLOWING TERMS:
5 1. Defendants FRED ADAMS, CLIFFTON ADAMS, JR., MARQUIS DESHAY, and
6 JAMES BROOKS shall be permanently enjoined, restrained, and prohibited from
7 accumulating, storing, collecting and/or maintaining trash,debris,rubbish, and waste materials
8 on the Property.
g 2. The County is authorized to enter the Property with at least 24-hours' notice by either
10 telephone, email or in-person notification to Defendants, with these inspections limited to
11 occur between the hours of 8:00 am and 6:00 pm and only on Mondays through Fridays,
12 without a warrant or further orders from this Court to monitor compliance with terms of this
13 stipulated judgment for a period of three hundred sixty-five (365) calendar days from service
14 of the Notice of Entry of Judgment.
15 3. The County will provide at least fifteen 15 days written notice to Defendants to demand
16 removal of trash, debris,rubbish, and waste materials on the Property.
17 4. In the event Defendants fail to timely abate any remaining trash after written notice from
18 the County,debris,rubbish,and waste materials,the County is authorized to enter the Property
19 and take all necessary actions to fully abate the trash, debris, rubbish, and waste materials on
20 the Property.
21 5. Defendants FRED ADAMS, CLIFFTON ADAMS, JR., MARQUIS DESHAY, and
22 JAMES BROOKS shall each be financially responsible for any cleanup and abatement costs
23 the County may incur in the removal of any trash, debris,rubbish, and waste material from the
24 Property, and the Court may enter orders in the County's favor and against Defendants to
25 reimburse the County for any costs of abatement and removal of trash, debris, rubbish, and
26 waste materials from the Property.
27
28
Stipulation for Entry of Judgment and Order Thereon 8 Case No.21 CECG01116
1 6. Defendants FRED ADAMS, CLIFFTON ADAMS, JR., MARQUIS DESHAY, and
2 JAMES BROOKS to each individually pay a monetary award to Plaintiff COUNTY OF
3 FRESNO in the amount of One Thousand Dollars ($1,000.00) within ninety (90) days of
4 service of the Notice of Entry of Judgment. Settlement drafts to be made payable to County of
5 Fresno, and to be delivered to the Office of Fresno County Counsel, c/o Kyle R. Roberson,
6 2220 Tulare Street, Suite 500, Fresno, California 93721.
7 7. Each party to this Stipulated Judgment agrees to bear its own attorney's fees and costs
8 incurred in this matter.
9 8. Upon entry of this Stipulated Judgment, the County shall record a Notice of Withdrawal
10 of Lis Pendens.
11 9. The Court shall retain jurisdiction over this matter for the purposes of enforcing this
12 Stipulated Judgment and issuing any further orders for abatement costs for the County and
13 against the Defendants for all costs incurred by the County in abating any trash,debris,rubbish,
14 and waste materials on the Property.
15 10. The Parties expressly warrant and represent that each is legally authorized to act on
16 behalf of the respective parties herein and have full rights to obligate and bind the parties to
17 the terms of the conditions of this Stipulated Judgment, pursuant to Code of Civil Procedure
18 section 664.6.
19
20
21 Date:
22
23
JUDGE OF THE SUPERIOR COURT
24
25
26
27
28
Stipulation for Entry of Judgment and Order Thereon 9 Case No.21 CECG01116