2018-11-19 Decl VW Iso ExParte

1 DENNIS J.
HERRERA, StateBar#139669
City Attorney
2 PETER J. KEITH, State Bar #206482
Chief Attorney
3 Resident and Neighborhood Safety Division
VICTORIA L. WEATHERFORD, State Bar #267499
4 Deputy City Attorney
Fox Plaza
5 1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
6 Telephone: (415) 554-4287
Facsimile: (415) 437-4644
7 E-Mail: victoria.weatherford@sfcityatty.org
8
Attorneys for Plaintiffs
9 CITY AND COUNTY OF SAN FRANCISCO
AND PEOPLE OF THE STATE OF CALIFORNIA
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SAN FRANCISCO
13 UNLIMITED JURISDICTION
14
CITY AND COUNTY OF SAN Case No. CGC-18-566441
15 FRANCISCO, a Municipal Corporation; and
the PEOPLE OF THE STATE OF DECLARATION OF VICTORIA L.
16 CALIFORNIA by and through Dennis J. WEATHERFORD IN SUPPORT OF
Herrera, City Attorney for the City and County PLAINTIFF'S EX PARTE APPLICATION
17 of San Francisco, FOR ENTRY OF STIPULATED INJUNCTION
AND STIPULATED JUDGMENT BETWEEN
18 Plaintiffs, PLAINTIFFS AND DEFENDANTS;
EXHIBITS A-C
19 vs.
20 ERIK M. ROGERS, an individual, ANSHU Hearing Date: November 20, 2018

SINGH, an individual, and DOE 1 through Hearing Judge: Hon. Harold E. Kahn
21 DOE 50, Time: 11:00 a.m.
Place: 302
22 Defendants.
Date Action Filed: May 10, 2018
23 Trial Date: July 8, 2019
24
25 I, VICTORIA L. WEATHERFORD, declare as follows:
26 1. I am a Deputy City Attorney with the Office of the City Attorney for the City and
27 ·county of San Francisco. I am the attorney assigned to handle this action on behalf of Plaintiffs
28 People of the State of California and City and County of San Francisco. I have personal knowledge of
1
DECL WEATHERFORD ISO EX PARTE APPL., CASE CGC 18-566441
1 the contents of this Declaration. If called upon to testify, I could and would testify competently to the
2 contents of this Declaration.
3 2. On May 10, 2018, Plaintiffs filed a Complaint against Defendants for maintaining and
4 operating the residential property located at 212 Banks Street, San Francisco, California ("Property"),
5 in unsafe and unlawful conditions.
6 3. In November 2018, Plaintiffs and Defendants settled the case during mediation at ADR
7 Services. The Stipulated Injunction and Stipulated Judgment are attached hereto as Exhibits A and B,
8 respectively.
9 4. On November 14, 2018, I notified Tad Devlin, counsel for Defendants, that Plaintiffs
10 intended to appear ex parte on Tuesday, November 20, 2018, at 11:00 a.m. in Department 302 of the
11 San Francisco Superior Court, to request that the Stipulated Injunction and Stipulated Judgment be
12 entered by this Court. Mr. Devlin confirmed he did not intend to appear at the hearing. My email
13 correspondence is attached hereto as Exhibit C.
14 I declare under penalty of perjury under the laws of the State of California that the preceding
15 declaration is true, and that this declaration was executed on November 19, 2018, in San Francisco,
16 California.
17
18
19
20
21
22
23
24
25
26
27
28
2
PROOF OF SERVICE
1
I, SAUNDRA YAN, declare as follows:
2
I am a citizen of the United States, over the age of eighteen years and not a party to the above-
3 entitled action. I am employed at the City Attorney's Office of San Francisco, Fox Plaza Building,
1390 Market Street, Sixth Floor, San Francisco, CA 94102.
4
On November 19, 2018, I served the following document(s):
5
DECLARATION OF VICTORIA L. WEATHERFORD IN SUPPORT OF
6 PLAINTIFFS' EXPARTE APPLICATION FOR ENTRY OF STIPULATED
INJUNCTIONS BETWEEN PLAINTIFFS AND DEFENDANTS AND
7 EXHIBITS A-C
8
on the following persons at the locations specified:
9 Tad A. Devlin, Esq.
Marcus Dong, Esq.
10 Stacey Chiu, Esq.
Kaufman, Dolowich, Voluck
11 425 California Street, Suite 2100
San Francisco, CA 94104
12
Email: tdevlin@kdvlaw.com
13 Email: mdong@kdvlaw.com
Email: schiu@kdvlaw.com
14
in the manner indicated below:
15
BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic
16 service, I caused the documents to be served electronically through File & ServeXpress in portable document
format ("PDF") Adobe Acrobat.
17
I declare under penalty of perjury pursuant to the laws of the State of California that the
18 foregoing is true and correct.
19 Executed November 19, 2018, at San Francisco, California.

20
21
22
23
24
25
26
27
28
DECL WEATHERFORD ISO EXPARTE APPL., CASE CGC 17-560856

1 INDEX TO EXHIBITS
2
Exhibit Description
3
A Stipulated Injunction between Plaintiffs City and County of San Francisco and the
4 People of the State of California and Defendants Erik M. Rogers and Anshu
Singh; Exhibits A-B
5
B Stipulated Judgment between Plaintiffs City and County of San Francisco and the
6 People of the State of California and Defendants Erik M. Rogers and Anshu
Singh
7
C E-mail Correspondence to Tad Devlin
8
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

EXHIBIT A
1 DENNlS l HERRERA, state Ber #139669
City Attorney
2 PETER J. KEITH, State Ber #206482
Chief Attorney
3 Ne.ighbo~hood and Resident Safety Division
VICTORIA L. WEATHERFORD, State Bar #267499
Fox Plaza
s 1390 Market Street, Sixth Floor
San Frfill.cisco, California 94102-5408
6 Telephone: (415) 554-4287
Facsimile: (415) 437-4644
7 E-Mail: victoria.weatherford@sfcityatty.org
8
Attorneys for J;>laintiffs
.9 CITY AND COUNTY OF SAN FRANCISCO and
PEOPLE OF THE STATE OF CALIFORNIA
10
13 UNLIMITED JURISDICTION
14 CITY AND COUNTY OF SAN Case No. CGC-18-566441
FRANCISCO, a Municipal Corporation; and
15 the PEOPLE OF THE STATE OF
CALIFORNIA, by and through Dennis J. STIPULATED PERMANENT INJUNCTION
16 Herrera, City Attorney fot the City and County BETWEEN PLAINTIFFS CITY AND COUNTY
of San Francisco, OF SAN FRANCISCO AND PEOPLE OF THE
17 STATE OF CALIFORNIA AND DEFENDANTS
Plaintiffs, ERIK M. ROGERS AND ANSHU SINGH;
18 EXHiaITS A-B
vs.
19
ERIK M. ROGERS, an individual, ANSHU
20 SINGH, an individual, and DOE 1 through
DOE SO,
21
Defendants. Date Action Filed: May 10, 2018
22 Trial Date: July 8, 2019
23
24
25
This Stipulated Injunction ("Injunction" or "Order") is the result of a negotiated compromise
26
and was presented before the above-captioned Court, the Honorable _ _ _ _ _ presiding.
27
Plaintiffs, CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, and the PEOPLE
28
1
STIP PERM INJ, CASE GGC•18-566441 .
1 OF THE STATE OF CALIFORNIA ("Plaintiffs" or the "City"), were represented by their attorney,
2 DENNIS J. HERRERA, City Attorney, appearing through VICTORIA L. WEATHERFORD, Deputy
3 City Attorney. Defendants ERIK M. ROGERS ("ROGERS") AND ANSHU SINGH ("SINGH")
4 (collectively, "Defendants") were represented by their attorney, TAD DEVLIN, from the law firm
5 KAUFMAN DOLOWICH VOLUCK.
6 Plaintiffs have alleged that, from at least July 2016 to present, the pro~erty located at 212
7 Banks Street, San Francisco, California, Assessor's Block 5659, Lot 005, more particularly described
8 in Exhibit A, attached hereto and incorporated herein, was maintained in the following unlawful
9 conditions: was unlawfully converted from residential (RH-1) use to hotel use from July 2016 to
1O October 2017; was used for unlawful short-term rentals from July 2016 to October 2017; was
'
11 unlawfully used and maintained in violation of the San Francisco municipal codes, the State Housing
12 Law, and the Unfair Competition Law from at least July 2016 to present; and was unlawfully
13 converted from single-family use (RH-1) to two-family use from at least July 2016 to present.
14 Plaintiffs and Defendants ("Parties") consent to entry of this Injunction as an Order by the
15 Court without a noticed motion, hearing or trial.
16 Defendants having stipulated to the provisions set forth herein, the Court having reviewed the
17 provisions, the Parties having agreed to the issuance of this Order, and good cause appearing therefor,
18 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
19 A. JURISDICTION. This Court has jurisdiction over the subject matter and each of the
20 parties in this action. The Court issues this Order pursuant to its authority under Health and Safety
21 Code section 17980, et seq., Civil Code section 3491, and Business and Professions Code section
22 17203.
23 B. RETENTION OF JURISDICTION. The San Francisco Superior Court shall retain
24 jurisdiction to take such further actions as may be necessary or appropriate to implement or enforce
25 this Order for 120 months from the date of entry of this Order ("INJUNCTIVE TERM"). This
26 INJUNCTION will expire at the end of the INJUNCTIVE TERM, unless extended or shortened by
27 mutual written agreement of the Parties or by further order of the Court. The Court expressly retains
28 jurisdiction to modify this Order as the ends of justice may require. The Court may hear and decide
2
STIP PERM INJ, CASE CGC-18-566441
1 issues regarding the scope and effect of the injunctive provisions, herein. Any party to this Order may
2 apply to the Court at any time, after making a reasonable effort to meet and confer with the other
3 parties, for further orders and directions as may be necessary or appropriate for the construction,
4 application, modification or carrying out of the injunctive provisions, herein.
5 Upon a properly noticed motion to all parties, the Court can modify any of the injunctive
6 provisions hereof and take such further action as may be necessary or appropriate to carry into effect
7 the injunctive provisions hereof, and for the punishment of violations of same, if any.
8 PLAINTIFFS assert they have authority under California Law to maintain this action for the
9 protection of the People of the State of California and the citizens of the City and County of San
10 Francisco concerning the conduct alleged in the Complaint.
11 C. APPLICATION. The provisions of this INJUNCTION are applicable to Defendants
12 ERIK M. ROGERS and ANSHU SINGH, as well as their agents, employees, successors, and assigns,
13 and all natural or corporate persons acting in concert or participating with them or any of them.
14 D. JUDICIAL OVERSIGHT OF THIS INJUNCTION. For the duration of the
15 INJUNCTIVE TERM, all disputes arising from this INJUNCTION and all hearings regarding
16 compliance with this INJUNCTION shall be brought to the Real Property Division (Department 501)
17 of this Court, for resolution and/or hearing.
18 E. INJUNCTIVE PROVISIONS
19 IT IS ORDERED that DEFENDANTS are hereby enjoined and restrained from engaging in,
20 committing, or performing, directly or indirectly, any and all of the following acts at 212 Banks, San
21 Francisco, California, Assessor's Block 5659, Lot 005 ("THE PROPERTY"), and any other real
22 property located in the State of California that they own, lease, sub-lease, and/or rent, now or at any
23 time during the INJUNCTIVE TERM, in whole or in part, as an individual, jointly with any other
24 person or legal entity, or through their membership or ownership interest in a trust, limited liability
25 company, corporation, or any other legal entity ("OTHER PROPERTY") (collectively, "ANY
26 PROPERTY"):
27 Ill
28
3
1 1. Maintaining THE PROPERTY, or any OTHER PROPERTY, in such a manner
2 or condition as to violate Business and Professions Code Sections 17200 et seq., Health and
3 Safety Code sections 17910 et seq., or the San Francisco Municipal Codes;
4 2. Offering or converting THE PROPERTY for "tourist or transient use" as that
5 term is defined in San Francisco''Aclministrative Code section 41A, or for "hotel" use as that
6 term is defined in San Francisco Planning Code section 102, or applying for a permit,
7 certificate, or any other approval from the City and County of San Francisco to conduct any
8 such ''tourist or transient use" or "hotel" use at THE PROPERTY for a period of sixty (60)
9 months from the date of entry of this Order;
10 3. Renting, leasing, collecting rent for, or offering ANY PROPERTY or any
11 portion thereof for human habitation without first obtaining all required Planning, Building, or
12 other City permits and approvals; and
13 IT IS FURTHER ORDERED that DEFENDANTS shall,
14 4. Obey all laws, including, but not limited to, Business and Professions Code
15 Sections 17200, et seq., Health and Safety Code sections 17910 et seq., and the San Francisco
16 Municipal Codes, in the ownership, operation and maintenance of ANY PROPERTY;
17 5. Obey all laws, including, but not limited to, Business and Professions Code
18 Sections 17200, et seq., Health and Safety Code sections 17910 et seq., or the San Francisco
19 Municipal Codes, in the maintenance of ANY PROPERTY, including the hiring of any
20 construction, handyman, contractor, or like business or activity, including obtaining any and all
21 required permits before commencing any such work and obtaining all final inspections and
22 sign-offs;
23 6. Within one hundred and eighty (180) days from the date of entry of this Order,
24 abate all existing Code violations at THE PROPERTY, including obtaining all inspections and
25 sign-offs, unless further extensions are granted by DBI or the Planning Department;
26 7. Upon ninety-six (96) hours' notice by phone and e-mail by the City Attorney's
27 Office to DEFENDANTS or their designated agent, and any tenant occupying ANY
28 PROPERTY, DEFENDANTS shall provide access to the interior of ANY PROPERTY to
4
1 allow inspection pursuant to Civil Code Section 1954(a)(4). DEFENDANTS' failure to
2 provide access to the City Attorney's Office will constitute a violation of this INJUNCTION.
3 DEFENDANTS shall provide the City Attorney's Office with updated e-mail and telephone
4 information for themselves, any designated agent, and all tenants at ANY PROPERTY;
5 8. Notify the City Attorney's Office, within fourteen (14) days, of ANY
6 PROPERTY that ROGERS or SINGH acquire during the term of the INJUNCTION, and
7 provide a copy of the deed, lease, and/or other document(s) evidencing ROGERS's or
8 SINGH's ownership or leasehold;
9 9. Notify the City Attorney's Office, within fourteen (14) days, of any residential,
10 commercial, charitable, or other tenancy created between ROGERS or SINGH as lessor and
11 any other person or entity as lesee at ANY PROPERTY during the duration of the
12 INJUNCTION, and provide a copy of the lease for the new tenancy. DEFENDANTS may
13 redact any social security numbers, personal financial information, or medical information of
14 their tenants (does not the amount ofrent payable). ROGERS and SINGH shall also provide
15 any new tenant with a copy of this INJUNCTION.
16 10. Notify the City Attorney's Office, within fourteen (14) days, of any change in
17 ownership or tenancy created as outlined in Sections E8 and E9, including any terminations of
18 tenancy.
19 F. BAN ON ALL SHORT-TERM RENTALS AT THE PROPERTY. DEFENDANTS
20 agree that they will not offer, advertise, or let THE PROPERTY for any stays ofless than 30 days.
21 DEFENDANTS further agree that the San Francisco Office of Short-Term Rentals may block THE
22 PROPERTY and/or place it on a "blacklist" of properties ineligible to receive City permission,
23 approval, or any certificate authorizing DEFENDANTS or any other person (including any tenant,
24 property manager, or other person) to conduct "short term rentals" (that is, converting THE
25 PROPERTY to "tourist" or "transient use" as those words are or may be defined in San Francisco
26 Administrative Code section 41A) at THE PROPERTY. The restrictions in this section remain in
27 effect for a period of sixty (60) months from the date of entry of this ORDER.
28
5
1 G. INSPECTION. In order to monitor compliance with this Order, DEFENDANTS shall
2 allow, and Plaintiffs may conduct quarterly inspections of ANY PROPERTY to determine compliance
3 with Business and Professions Code Sections 17200, et seq., Health and Safety Code sections 17910 et
4 seq., or the San Francisco Municipal Codes. DEFENDANTS shall abate any violations discovered
5 during such inspections within the time period given by the inspector, plus any extensions granted. If
6 such violations identified are not cured within the timeframe given by the inspector, plus any
7 extensions granted, DEFENDANTS will be in violation of this INJUNCTION.
8 H. NOTICE TO SUBSEQUENT INTEREST HOLDERS
9 Should Defendants sell, transfer, assign, or otherwise dispose of the Property, Defendants
10 shall:
11 1. Notify the City Attorney's Office of the proposed sale, transfer, assignment, or
12 other disposition;
13 2. Identify under oath any relationship between Defendants and the purchaser,
14 transferee or assignee;
15 3. Prior to forming the sale, transfer, assignment, or other disposition, give notice
16 and provide a copy of this Order to the purchaser, transferee or assignee;
17 4. Prior to (or from the escrow associated with) the proposed sale, transfer,
18 assignment, or other disposition, pay all amounts still owed to Plaintiffs; and
19 5. Require the purchaser, transferee or assignee, as a condition of the sale, transfer,
20 assigmnent or other disposition, to sign this Order and agree to be bound by its terms without
21 limitation, by completing and endorsing the Addendum attached to this Order, unless such a
22 purchaser is a bona fide third party purchaser, as described in Section H.6 below. See Exhibit
23 B.
24 6. The provisions of Section H.5 shall not apply to any sale, transfer, assignment
25 or disposition of the entire interest in the Properties to a bonafide third party purchaser. A bona
26 fide third party is any entity or individual except: i) Defendants, or any of them; ii) any
27 company, partnership, corporation, limited liability company or other entity affiliated in any
28 way with any of the Defendants, or in which any of the Defendants has any interest; iii) any
6
1 person related at any time by blood, marriage, adoption, or civil union to any of the
2 Defendants, or any entity (including but not limited to any company, partnership, corporation,
3 or limited liability company) or trust affiliated with such person or in which such person has
4 any interest; iv) any trust created in part or in full for the benefit of any Defendant; v) any trust
5 created in part or in full for the benefit of any person related at any time by blood, marriage,
6 adoption, or civil union to any Defendant.
7 I. ENFORCEMENT.
8 1. A violation of any of the provisions of this INJUNCTION constitutes contempt
9 of Court. Upon proper notice to all PARTIES, the terms of this INJUNCTION may be
10 enforced through a contempt proceeding, a motion to enforce, or any other proceeding
11 recognized by the Court for enforcement of an injunction. In the event that it is determined by
12 a Judge of this Court, after hearing, that DEFENDANTS have violated any of the terms of this
13 INJUNCTION, DEFENDANTS may be held in contempt of court, and/or may be ordered to
14 pay additional civil penalties of up to $6,000 for each violation of this INJUNCTION, pursuant
15 to Business and Professions Code Section 17207.
16 2. In the event that it is determined, after hearing, that DEFENDANTS were cited
17 for new code violations during the pendency of this INJUNCTION, and the violations existed
18 but were not corrected within the time limit provided by the inspecting agency, including any
19 extensions granted, DEFENDANTS shall pay applicable civil penalties under the San
20 Francisco Municipal Codes for each day the violations were permitted to remain after the
21 period of time to correct had expired.
22 3. Following entry of this INJUNCTION, Plaintiffs shall be entitled to recover
23 reasonable and actual attorneys' fees and costs incurred in enforcing this INJUNCTION.
24 4. Any fines, penalties, or other monetary relief specified in this paragraph shall be
25 in addition to any other relief, includfng, legal or equitable sanctions, including, but not limited
26 to, extending the term of this INJUNCTION.
27
28
7
1 5. The San Francisco Superior Court expressly reserves jurisdiction to take such
2 further action as may be necessary or appropriate to carry into effect the provisions of this
3 INJUNCTION.
4 J. DBI, PLANNING, AND OFFICE OF SHORT-TERM RENTAL ASSESSMENT
5 FEES. Defendant shall separately pay all DBI, Planning Department, and/or Office of Short-Term
6 Rental assessment fees related to THE PROPERTY directly to those departments within the deadline
7 given in their invoice or demand, plus any extensions given, or be in violation of this INJUNCTION.
8 K. CIVIL PENALTIES, FEES AND COSTS. Concurrent with this INJUNCTION, the
9 Parties have entered a Stipulated Judgment and Order for Monetary Penalties ("JUDGMENT").
10 Failure to comply with the JUDGMENT constitutes a violation of this INJUNCTION, for which
11 Plaintiffs may seek additional remedies, includi~g attorneys' fees and costs incurred in enforcing the
12 JUDGMENT.
13 L. RECORDATION. This INJUNCTION shall be filed with the San Francisco Superior
14 Court. This INJUNCTION shall be recorded at the San Francisco Recorder's Office against the title to
15 any real property that ROGERS or SINGH acquire during the INJUNCTIVE TERM (except via lease,
16 sub-lease, or renting), where it will remain for the duration of the INJUNCTIVE TERM.
17 M. NO WAIVER OF RIGHT TO ENFORCE. The failure of Plaintiffs to enforce any
18 provision of this INJUNCTION shall in no way be deemed a waiver of such provision or "in any way
19 affect the validity of the INJUNCTION. No oral advice, guidance, SlJ.ggestion or comments by
20 PLAINTIFFS' employees or officials regarding matters covered in the INJUNCTION shall be
21 construed to relieve DEFENDANTS of their obligations.
22 STIPULATED:
23 Dated: lt f ~ { IJ..o\ Y DENNIS J. HERRERA

City Attorney
24 PETERJ. KEITH
Chief Attorney
25 VICTORIA L. WEATHERFO
26
27 By.~""°"''-"t":P---t>"-'"'-1,,.£~~-+---"-F--
VICTO AL. WEATHE
28 Attorneys for Plaintiffs
8
CITY AND COUNTY OF SAN FRANCISCO and
1 PEOPLE OF THE STATE OF CALIFORNIA
£rlt ~~
2 Dated: H /,Sf 7...0lf
3
4
Dated:
5
6 ANSHUSINGH
Defendant
7
APPROVED AS TO FORM
8
Dated: ll { 5/'bo1 ~
9
10
11
12
By:.-""'-~~_,A.L.:.~-==------,-t--r-
13 VICTORIA L. WEATHERFO
Attorneys for Plaintiffs
14 CITY AND COUNTY OF SAN FRANCISCO and
Dated:
16
17
TAD DEVLIN
4 I
KAUFMAN DOLOWICH VOLUCK

18
Attorney for Defendants
19 ERIK M. ROGERS and ANSHU SINGH
20 IT IS SO ORDERED:
21 Dated:
22
IDDGE OF THE SUPERIOR COURT
23
CCSF v. Eric M. Rogers et al.
24 San Francisco Superior Court No. CGC-18-566441
25
26
27
28
9
~M~£
2 Dated: HI 5 /-z....ot t
3
4
5 Dated: 11 /9/2018
6 ANSHU.SINGH'.
Defendant
7
APPROVED AS TO FORM
8
. Dated: ll { 5/iD1 ~
9
10
11
12
13
14
15
. 16 Dated:
t1\1>S \ll/i
17
TAD DEVLIN .
18 KAUFMAN DOLOWICH VOLUCK
.Attorney for Defendants
19 ERIK M. ROGERS and ANSHU SINGH
21 Dated:
22
23
JUDGE OF THE SUPERIOR COURT
CCSF v. Eric M. Rogers et al.
24 San Francisco Superior Court No. CGC-18-566441
25
26
27
28
9
1 INDEX TO EXHIBITS
2
Exhibit Description
3
A Property Description for 212 Banks Street, San Francisco, California
4
B Addendum to Stipulated Injunction
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1
2
3
6
7
EXHIBIT A
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 EXHIBIT A
2 212 Banks Street
3 Block 5659;Lot 005
4 The land referred to herein below is situated in the City and County of San Francisco, State
5 of California, and is described as follows:
6 Beginning at a point on the westerly line of Banks Street, distant thereon 100
feet southerly from the southerly line of Eugenia Avenue; running thence
7 southerly along said line of Banks Street 25 feet; thence at a right angle
westerly 70 feet; thence at a right angle northerly 25 feet; thence at a right
8 angle easterly 70 feet to the point of beginning.
Being Lot No. 534, according to map entitled "Gift: Map No. l," filed
9 November 7, 1861, in Book 2 "A" and "B" of Maps at Page 11, In the office
of the Recorder of the City and County of San Francisco, State of California.
10
APN: 5659-005
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
5
6
8
EXHIBITB
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 EXHIBITB
2 ADDENDUM TO STIPULATED INJUNCTION
3
CCSF et al. v. ERIK M ROGERS, et al., San Francisco Superior Court Case Number CGC-18-
4 566441
5 AGREEMENT OF PURCHASERS, TRANSFEREES, ASSIGNEES
TO BE BOUND BY THE TERMS OF THE INJUNCTION
6
7
_ _ _ _ _ _ _ (NAME of purchaser, transferee, assignee) is a purchaser, transferee,
8
assignee of the property located at 212 Banks Street, San Francisco, California.
9
_ _ _ _ _ _ _ (NAME) has received a copy of the Stipulated Injunction (the
10
"Injunction") issued by the Court on _ _ _ _ _ _ _ and filed in this action on
11
- - - - - - - and has read its contents.
12
_ _ _ _ _ _ _ (NAME) agrees to be bound without limitation by the terms of the
13
Injunction, and agrees to perform any and all obligations of Defendants, ERIK M. ROGERS AND
14
ANSHU SINGH, that may be required under the terms of the Injunction or under such Court order
15
as may be necessary or appropriate to enforce the provisions thereof.
16
_ _ _ _ _ _ _ (NAME) further agrees that the Court shall have jurisdiction over
17
_ _ _ _ _ _ _ (NAME) to enforce the terms of this Injunction and to issue such orders as may
18
be necessary or appropriate to enforce the provisions thereof.
19
20
21 DATED:
(NAME)
22 PURCHASER/TRANSFEREE/ASSIGNEE
23
24
25
26
27
28
EXHIBITB
1 DENNIS J. HERRERA, StateBar#139669
Ci Attorney
2 PB . J. KEITH, State Bar #206482
.. ···- -· ······--· .. ·-·- - ---·"'-
lfOm.e·---~····----·---·
3, · ·rliood
and Resident Safety Division
TO:RfA L. WEATHERFORD, state Bar #267499
Fox Plaza
5 1390 Market Street, Sixth Floor
$~Francisco, California 94102-5408
6 Telephone: (415) 554-4287
Facsimile: (415) 437-4644 ·
7 E-Mail: victoriaweatherford@sfcityatty.org
8 Attorneys for Plaintiffs

10
l'
13 UNLIMITED CNIL JURISDICTION
~ \-
Case No. CGC-18-566441
': $ ••
STIPULATED JUDGMENT AND ORDER

FOR MONETARY PENALTIES
20 ERIK. M. ROGERS, an indi,vidual, Date Action Filed: May 10, 2018

ANSHU SINGH, an individual, and DOE Trial Date: July 8, 2019
f~ 1 through DOE 50,
2Z Defendants; ·· - -.- -, -· ..- ·. ·
23
This Stipulated Judgment and Order for Monetary Penalties ("Judgment" or "Order")
44
was presented before the above-captioned Court, the Honorable _ _ _ _ _, judge
25
\l!ff~pi:a,s~. flaintitf~ (!ITY AN;D COUNTY _OF,~AN ~~q~~9,~4 PEOPLE OF THE
i~ Tif~ /~ (t:('•;fn{\:""; 1
'\ -r, • - .
27
,.,
.•;. ·,
1
Stipulated Judgment- Case No. CGC-18-566441
i ~ .
,
.I
1
!
·•~4
STATE OF CALIFORNIA ("Plaintiffs" or the "City"), by and through DENNIS J.
-
2 HERRERA, City Attorney for the CITY AND COUNTY OF SAN FRANCISCO
3 ("Plaintiffs''), were represented by their attorney, DENNIS J. HERRERA, City Attorney,
4 appearing through VICTORIA L. WEATHERFORD, Deputy City Attorney. Defendants
5 ERIK M. ROGERS and ANSHU SINGH ("Defendants") represented by Tad Devlin of
6 KAUFMAN DOLOWICH VOLUCK.
7 Plaintiffs and Defendants ("Parties") consent to entry of this Judgment as an Order by
8 the Court without a noticed motion, hearing or trial.
9 Defendants having stipulated to the provisions set forth herein, the Court having
10 reviewed the provisions, the Parties having agreed to the issuance of this Order, and good
11 cause appearing therefor,
12 -IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
13 1. Defendants shall pay ~laintiffl,>eqple of the ~tate of~alifooria a total amount
15 amount of the judgment.

16 2. Payment shall be mat;le by cashier's ~heck or money order, made payable to
11 the "City and ~quµty of San J!TI1ncis~o" and delivered to the City Attorney's Office, 1390
1~ Market~~b,~~.I~l~Qf~,S~;f~9i~9.0~ 9ajJ.fo~ ..~M~~,§~¢i.ont;.~i~t~ri~ltri ,_;,,~;,./ i_,i

19 Weatherfor4, Deputy City Attorney and Peter J. Keith, Chief, Neighborhood and Resident
20 Safety Division. Payment in full is due as outlined in the Settlement Agreement executed
21 concurrently between the Parties2 and-µr no circumstap.~s later ~an April 29, ~Q2(). , .-
fi ,:c:.ru:;\: r.~p, ·,,1 ; •. !f'J?..~f~~ts fail to make the required payment in the amount, manner or time
23 prescribed in the Settlement Agreement (hereinafter, "Default"), legal interest often per cent
24 per annum shall be assessed on all sums owing at the time of Default, dating back to the date
25 of entry of this Order. -
2
· ~ppulated Ju~gm~t- Case No. CGC-18-.566441 .•
il'~.<\'.:J':"*;?,11lf ; -? >
25 of r;;·.lt,/.r r,J~-~.;;~:;-J ()'.":.:\;.~\
r-,7
2! 4, Defendants further stipulate and agree that this Judgnien.t nuiy be signed and
• i· ~ . ' 2 ' .
·2 entere<fl)fUi-e-:~aifl?r~clsco SiipenorG~-,anarec0ri:loomtlieoitice-Of.tiie~an Pranc1sco~-
3 Assessor..Recorder.
4 5. Defendants further stipulate and agree that.~ addition to any other relief
5 provided herein, or by law, Plaintiffs shall be entitled to reimbursement for all reasonable
6 attorneys' fees and costs incurred en.forcing and/or collecting this Judgment.
7 S'tll>ULATED: .
8
...9 .
12 DATED~
13 ANSHU SINGH
. lA:J .· Assess1J1-Ic;c-.:.ir~kr.
,. l~'
, • q
16
1i
Deputy City .N. ey
1~ Attorney for Plaintiffs
lf) CITY AND COUNTY OF SAN FRANCISCO
and PEOPLE OF THE STATE OF
2g CALIFORNIA
f~
i3 -~
24
2~
i<?
:fi'~-- ,.: ,;!Z{

. 28 . - ' .. . ·- . .. ' . - '·3 . --·::
Stipulated Judgment-Case No. CGC-18-566441 ·-
. '
25
-- l
:J 4. Defendants further stipulate and agree that this Judgment may be signed and
2
2 entereallyllle-sanrranCisoo Superior court:· anarecoidedmthe office·ortn.e -San-P-rancfsoo~·--- ·
3 Assessor..Recorder.
4 5. Defendants further stipulate and agree that in addition to any other relief
5 provided herein, or.by law, Plaintiffs shall be entitled to reimbursement for all reasonable
6 attorneys' fees and costs incurred enforcing and/or collecting this Judgment
7 STIPULATED:
8
9 _DA_TE_D_:_t \_/s_/_1~~~-~~-ERIK_. __,.M~
10.
12 DATED;
13 ANSHU SINGH
11
1~ ~ '
.
-,, . , ••• ,_.,
·- !>., ., .. l
. 't I • -'·
~ •.-11 ·.. l
"
t•:
i. •••
16
17,
Deputy City)(, ey
1~ Attorney for Plaintiffs
19 CITY AND COUNTY OF SAN FRANCISCO
and PEOPLE OF THE STATE OF
2Q CALIFORNIA
._.·,.._ ".
I~:,.• ~ ,.;~-'" l» -:_:•:
i~
iz IT IS SO ORDERED:
i~
24
2S
4~
~. z
'.".;·-~ 11 < ~
ii
'·• 1.
28
Stipulated Judgment - Case No. CGC-18-56644 l
- ---
c~---- --- - -!{-~-,- ~ ·- "'"
EXHIBIT,C
Yan. Sandra (CAT)
From: Weatherford, Victoria (CAT)

Sent Monday, November 19, 2018 4:57 PM
To: Yan, Sandra {CAT)
Subject: Fwd: CCSF at al. v. Erik M. Rogers et al. - ex parte appearance
VlWmobile.
Victoria L. Weatherford
Deputy City Attorney
Office of the City Attorney
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws, including the Electronic Communications Privacy Act. It you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
Begin forwarded message:
From: "Tad A. Devlin" -====~=='-!.

Date: November 19, 2018 at 4:43:34 PM PST
To: "Weatherford, Victoria (CAT) 11
Cc: Marcus Dong ~fill;!Ql'.~~~~£Q!!l:
Subject: RE: CCSF at al. v. Erik M. Rogers et al. - ex parte appearance
is sorry in trial all
Tad A. Devlin
Partner
ATTQ NF
425 California Street, Suite 2100
San Francisco, CA, 94104
Direct: 415-926-7635
Cell: 415-361-8010
Main: 415-926-7600
Fax: 415-926-7601
1
~..,JJ::lbinS:. Raa.-~--faidAI .............. .
li4lii11n;811.u~ -~·•~•: /31' Aii.Jd"~Glf,• .ll!Klliio
fi!t-\U1.i'~i't~1t ·
@\~-~--~~ ----~-~--------~-··---~~~--------
fl'Qmi:Weatf'.letf0ro1\t~{CA1)lmaiko:Vll'.toria.~-org] ·
·54!rit:MQndayfNov&rlbef 19, 20184:4tl>M . ..
To:Tad A~ ~lin ·
cc:·,Marcus'~
· 5'1&J&t: RE: CcsF at gt v. Erik M. Rogers et al. ~ ex part:e appeatafiCe
Tad;
Can ycitJ please rnSpond to this ~ail ·and co~dimt you do not oppose me filing fhe ex parte
applicatloJ119Jii~t/tomorrow morning a(ldniakillg the uncoot~ed :appearance: tom<>rrow
mor:_ning at fl? ·
Thanks,·
Victooa L Weatherford
Deputy C,ltyAttC)tney . ...
· Offic~ 9fCity Attorney [>¢nhis H~rrer.:t
.:1390.MarketStreet, 6th Floor
SaiiFranCisco, CA94102 ·
{415)552k4287])irecf- · ,
.· : 415 437.-4644 Fabsirrill~
victoria:weathetford@sfoityatty.org
W:ww~sfcfulahothe.Y.otg . ·
Fine! tis i;>n: Faceboc>k'Tw1tte:rrnstai;:ram
CONFIDENTlALlTY NOTICE: This..communic"'tion ;ind its contents i;nay contain -confiqential

and/Qt legally ptivllege(f information. It is solely for the µse 6f tbe intended recipi~nt(s ). .
Unautho:dzed intercepti0i1, review, use or disclosure is prohi.bited and may vi01ate applicable
laws, including the Electronic Conmmnications Privacy Act. It you ate 11ot the intended
recipient, please contact the sender .and destroy all copies of the communication.
·F.rom: Weatherford, Victoria ,{CAT)

Sent: Mondciy, November 19, 2Q18 1:16 PM
Te>: 1Ta(I A. {)evlit1 1 <t~evlin@kdvlaw.com>
Cc: Mar.;:us .Dong <mdong@kdvlaw .eom> .
subJe~: RE: C-CSF atal. v. Erik M,:Rogers ~t al.,. ex part~ appearance
Vldoria L Wea1hei ford
Office of City J\ttomey Dennis Herrera
1390 Market Street, 6th Floor
San FranciscO, CA 94102
(415) 554-4287 Direct
(415) 437-4644 Facsimile
victoria.weatberford@sfcityatty.org
www.sftjtyattomey"org_
FiOO us oo: Facebook Twitter lnstagram
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential
andfor legally privileged information.. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use or disclosure is prohibited and may violate applicable
laws, including the Electronic Communications Privacy Act. It you are not the intended
recipient, please contact the sender and destroy all copies of the communication.
From: Tad A. Devlin <tdevlin@kdvlaw.com>

Sent: Monday, November 19, 2018 1:10 PM
To: Weatherford, Victoria (CAT) <Victoria.Weatherford@sfcityatty.org>
Cc: Marcus Dong <mdong@kdvlaw.com>
Subject: Re: CCSF at al. v. Erik M. Rogers et al. - ex parte appearance
Thx. Please send the exhibits.
Tad A. Devlin
Partner
KAUFMAN DOLOWlCH VOLUCK

ATTORN FVS AT LAW
425 California Street, Suite 2100

San Francisco, CA, 94104
Direct: 415-926-7635
Cell: 415-361-8010
Main: 415-926-7600
Fax: 415-926-7601
WWW.KDVLAW.COM
3
. ~~.I aa• ~qaw 1 •iLJllU&S.,._,..AIUA,I·~
lla:W:AJtSf:Y I $1111 ffPMW ¥5' (j I ~AWT'f$.I ff~
=.~rt"~~~~~=~·
.....
=:ir.zt:'i'.J(~it!"J::'· .. ·, .. , - ...
iOlljfitSl!lidlitbfll!P!ii'li*'lliiii -- --·-~dllllillit•liDIRJiUUf
~ftf .-·· ~llM~tbefmll!:1!Dil~

. ' .
On Nov 19, 2018, i'!t 12:52PM) We~theff()rd, Victoria (CAT) <YlctoJia.Weatherford~-9QP

wrot~!
Tad,·
The ex parte paJ>ef5.~re ~~ Once_yoµ ·Sign_off I'll c¢tach this email chain
and ,get it on file wc:tav rort<>niorrow's ex parte,
Thank$,
' ' .
<imaMOOi.jpg>V~.L WE!Cltttetford
Deputy City Atfomey · · ·
Office ofCity Attorney Dennis Herrera
1390 Market Street, 6tbJ•Ioor
San Friintisco, CA 94102
(415)5544287 J)ii:ect
(415)431-4644 Facsimile
viCtoria. weaiherford@sfcityatty~org
wWVll~sftitvattofnev~tirg
·Find us om FaCeboOICTwitter lnstagr@m ·
CONFIDENTIAIXfY NOTICE: This con®.unication and its contents may

(:Ontain.coI1fid¢Ji~tal and/or legaUyprivileged inforqiation. It is solelyf9r the use
of the intendedrecipient(s). Una.uthoriz~c:l interception, review, use or disclosure
is prohibited and niay violate a.pplkable laws, including the Electronic
Conmmnications frivacy Act, It yoJ1 are not the inlended recipient, please contact
the sender and gestroy 411 yopies <:>f Jli~ co1Illl1unicatj01i.
From: Tad A. Devlin <td~vlin@kdvla\Al.c~m>

Sent: Wednesday, Ngvernberl4, Z0tS 9:$0 AM
To: Weatherford, Victoria (CAT) <Victoria:Weatherford@sfdtyatty.org>; Mateus Dong
<md0ng@kdvlaw.c;om> .
51.tbJect: RE: CCSF atal. v. l;rikM. Rogers et al.- ex parte appearance
Victoria,
Thank you; yes, that would be fine anc:lworks for us. Please send the papers in advance
if you don't mind.
Sincerely,
4
=
425 ~ ~ Slaiiifle 211.00
Sam lfraillltism;; CJA,, 9~1i!lliJI.
mraot: 415-926-7635
GellS: 415-36:ll:-8I!J10
if.11aiii111: 4~z'Sc.:1mm
lfaxd 4~26-7Qu1
Eimai: bllevlldR@kli!Wdaw.mnm
!PllJEASE IN011E:.111ilis ~e, iiru:ilt:H!lilllg arny attaohmal!lts, mnay 'include

!Ji!!W.ilaged, mmf~ ~limslde iirnmrmab. ~y c!listRbl:ftloo or use of this
~am by anyone ~ribarn mhe iif!lternded JllOOiplaAt{s) is :striC!ly
!Pl'Oliibiledalllil ~be~l. llf wmi are !flat mlile iinleilded ~plernt, please
irnmlfy lillle.senderiby ~!y1r:l!Jito mlil1s•message alllil fuern delete it fram your
sys1em.
From: Weatherford, Victor4a (CAT) l!!!:.!Hm~lcrQ!f!Q,.:JYJ~~::Q!!!.\Q!;!!b!1WJ~!llilJ

Sent: Wednesday, November 14, 2018 9:48 AM
To: Tad A. Devlin; Marcus Dong
Subject: CCSF at al. v. Erik M. Rogers et al. - ex parte appearance
to appear and I
uncontested ex
Does that work for let me know that you agree. If
you I can send you a proforma
uncontested.
Victoria
<image010.jpg>Victoria L. Weatherford
Office of City Attorney Dennis Herrera
1390 Market Street, 6th Floor
San Francisco, CA 94102
(415) 554-4287 Direct
(415) 437-4644 Facsimile
victoria.weatherford@sfcityatty.org
www .sfcityattorney.org
Find us on: Facebook Twitter lnstagram
CONFIDENTIALITY NOTICE: This communication and its contents may

contain confidential and/or legally privileged information. It is solely for the use
5
of tbe :intended recipient(s}. Unauthorized interception., review, use or disclosure
is prohibited and may violate applicable laws~ including the Electronic
Communications Privacy Act. It you are not the intended .recipient, please contact
the sender and destroy all copies of the communication.
<2018-11-19 PltffEx Parte Appl.pdf>

<2018-11-19 Deel Victoria Weatherford.pdf>
<2018-11-19 [Proposed] Order,pdf>

2018-11-19 Decl VW Iso ExParte

Cargado por

Información del documento

Derechos de autor

Formatos disponibles

Compartir este documento

Compartir o incrustar documentos

Opciones para compartir

¿Le pareció útil este documento?

¿Este contenido es inapropiado?

Copyright:

Formatos disponibles

2018-11-19 Decl VW Iso ExParte

Cargado por

Copyright:

Formatos disponibles

1 DENNIS J.

11 SUPERIOR COURT OF THE STATE OF CALIFORNIA

12 COUNTY OF SAN FRANCISCO

20 ERIK M. ROGERS, an individual, ANSHU Hearing Date: November 20, 2018

2 contents of this Declaration.

5 in unsafe and unlawful conditions.

13 correspondence is attached hereto as Exhibit C.

19 Executed November 19, 2018, at San Francisco, California.

DECL WEATHERFORD ISO EXPARTE APPL., CASE CGC 17-560856

DECL WEATHERFORD ISO EX PARTE APPL., CASE CGC 17-560856

5 KAUFMAN DOLOWICH VOLUCK.

15 Court without a noticed motion, hearing or trial.

18 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

23 B. RETENTION OF JURISDICTION. The San Francisco Superior Court shall retain

4 application, modification or carrying out of the injunctive provisions, herein.

10 Francisco concerning the conduct alleged in the Complaint.

11 C. APPLICATION. The provisions of this INJUNCTION are applicable to Defendants

14 D. JUDICIAL OVERSIGHT OF THIS INJUNCTION. For the duration of the

17 of this Court, for resolution and/or hearing.

4 2. Offering or converting THE PROPERTY for "tourist or transient use" as that

10 3. Renting, leasing, collecting rent for, or offering ANY PROPERTY or any

12 other City permits and approvals; and

13 IT IS FURTHER ORDERED that DEFENDANTS shall,

16 Municipal Codes, in the ownership, operation and maintenance of ANY PROPERTY;

8 SINGH's ownership or leasehold;

15 any new tenant with a copy of this INJUNCTION.

19 F. BAN ON ALL SHORT-TERM RENTALS AT THE PROPERTY. DEFENDANTS

22 PROPERTY and/or place it on a "blacklist" of properties ineligible to receive City permission,

7 extensions granted, DEFENDANTS will be in violation of this INJUNCTION.

8 H. NOTICE TO SUBSEQUENT INTEREST HOLDERS

16 and provide a copy of this Order to the purchaser, transferee or assignee;

19 5. Require the purchaser, transferee or assignee, as a condition of the sale, transfer,

6 adoption, or civil union to any Defendant.

8 1. A violation of any of the provisions of this INJUNCTION constitutes contempt

10 enforced through a contempt proceeding, a motion to enforce, or any other proceeding

13 INJUNCTION, DEFENDANTS may be held in contempt of court, and/or may be ordered to

15 to Business and Professions Code Section 17207.

21 period of time to correct had expired.

22 3. Following entry of this INJUNCTION, Plaintiffs shall be entitled to recover

26 to, extending the term of this INJUNCTION.

4 J. DBI, PLANNING, AND OFFICE OF SHORT-TERM RENTAL ASSESSMENT

17 M. NO WAIVER OF RIGHT TO ENFORCE. The failure of Plaintiffs to enforce any

20 PLAINTIFFS' employees or officials regarding matters covered in the INJUNCTION shall be

21 construed to relieve DEFENDANTS of their obligations.

23 Dated: lt f ~ { IJ..o\ Y DENNIS J. HERRERA

KAUFMAN DOLOWICH VOLUCK

STIP PERM INJ, CASE CGC-18-566441

2 212 Banks Street

3 Block 5659;Lot 005

5 of California, and is described as follows:

8 Attorneys for Plaintiffs

12 COUNTY OF SAN FRANCISCO

13 UNLIMITED CNIL JURISDICTION

STIPULATED JUDGMENT AND ORDER

20 ERIK. M. ROGERS, an indi,vidual, Date Action Filed: May 10, 2018

15 amount of the judgment.

1~ Market~~b,~~.I~l~Qf~,S~;f~9i~9.0~ 9ajJ.fo~ ..~M~~,§~¢i.ont;.~i~t~ri~ltri ,_;,,~;,./ i_,i

25 of r;;·.lt,/.r r,J~-~.;;~:;-J ()'.":.:\;.~\

:fi'~-- ,.: ,;!Z{

From: Weatherford, Victoria (CAT)

Begin forwarded message:

From: "Tad A. Devlin" -====~=='-!.­

is sorry in trial all

CONFIDENTlALlTY NOTICE: This..communic"'tion ;ind its contents i;nay contain -confiqential

1~ Marketb,.I~l~Qf~,S~;f~9i~9.0~ 9ajJ.fo~ ..~M~~,§~¢i.ont;.~i~t~ri~ltri ,_;,,~;,./ i_,i

From: "Tad A. Devlin" -====~=='-!.