HomeMy WebLinkAboutCARL P. & MARION B STEVENS TRUST (STEVENS, RON & WISLOCKI, JUDY) INSI3!'ANC,E NOT REIlURED
G'VORK MAY MOCEED N-2fl25-270
01iY CLMN
DATE: NOV 0 5 2025
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Svz Unne.St.G1okir SETTLEMENT AGREEMENT
76oQVnan MaVt-M tz CD70 AND RELEASE OF ALL
CLAIMS
This Settlement Agreement and Release of All Claims ("Agreement") is made and
entered into by and between CITY OF SANTA ANA, a charter City and municipal corporation
(the "City"), and THE PEOPLE OF THE STATE OF CALIFORNIA, (hereinafter "Plaintiffs")
and CARL P. & MARION B. STEVENS TRUST, under declaration of trust dated September 15,
1989, RON STEVENS, as co-trustee and JUDY WISLOCKI, as co-trustee ("Defendants").
Plaintiffs and Defendants are also collectively referred to as "the Parties" herein or individually
as a"Party."
WITNESSETH:
WHEREAS, the Defendants are the current owner of property within the City of Santa
Ana, which encompasses 904, 914, and 936 East 2nd Street, as well as two parcels without
addresses,on Assessor's Parcel Numbers(APN) 398-473-04, 398-473-08, 398-473-09, and 398-
473-12 (the "Property").
WHEREAS, RON STEVENS and JUDY WISLOCKI are the current Co-Trustees of the
CARL P. & MARION B. STEVENS TRUST(the"Trust"), but JAMES STEVENS, also served
as a Co-Trustee of the Trust from the death of MARION B. STEVENS on August 23, 2019, up
until his resignation on November 4, 2021, at which time JUDY WISLOCKI began serving as a
Co-Trustee, RON STEVENS and JUDY WISLOCKI shall sometimes be known as the "Co-
Trustees".
WHEREAS, Plaintiffs filed an action against Defendants in the Superior Court of the
State California, County of Orange, Central Justice Center known as CITY OF SANTA ANA v.
CARL P. & MARION B. STEVENS TRUST,et al., Case No. 30-2020-01167808-CU-MC-NJC
(the "Action").
WHEREAS, the City has recently inspected the Property and agrees that all prior
violations identified by the City with respect to the Property have been fully addressed by the
Defendants, including, without limitation, all violations identified in the Action, except for the
concerns expressed by the City with respect to the three-sided structure located on the Property
that has some fire damage. Pictures of said three-sided structure are attached hereto as Exhibit
"A"and incorporated herein by this reference (the "3-Sided Structure").
WHEREAS, the City has confirmed that the amount of outstanding fees being requested
by the City for violations is $1,500. There are no other fees, costs, or expenses due from
Defendants in connection with the Property or from prior tenants of the Property, of if there are,
they are expressly waived by the City.
Page l of 5
WHEREAS, the City is aware that Defendants have evicted and/or removed all of the
former tenants of the Property, largely because of allegations set forth in the Action; and
WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully
and finally all differences between them, including, but in no way limited to, those differences
described above.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration, receipt of which is hereby acknowledged,
and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows:
1. The above-stated Recitals are expressly made a part of this Agreement and each
Party represents and acknowledges that the Recitals are true and correct.
2. This Agreement and compliance with this Agreement shall not be construed as an
admission by Defendants of any liability whatsoever, or as an admission by Defendants of any
violation of the rights of Plaintiffs or any person,violation of any order,law,statute,duty,or contract
whatsoever against Plaintiffs or any person. Defendants specifically disclaim any liability to
Plaintiffs or any other person for any alleged violation of the rights of Plaintiffs or any person, or
for any alleged violation of any order, law, statute, duty, or contract on the part of any employees
or agents of Defendants. Likewise,this Agreement and compliance with this Agreement shall not
be construed as an admission by Plaintiffs of any liability,misconduct,or wrongdoing whatsoever.
3. Each party will exchange a fully signed executed copy or original of this
Agreement.
4. Upon receipt of the fully signed document set forth in paragraph (3), above,
Defendants will pay One Thousand Five IIundred Dollars($1,500.00)to"THE CITY OF SANTA
ANA" by check. This amount represents a full and complete settlement of Plaintiffs' claims far all
damages alleged in the Action. The City shall waive any other fines,penalties,costs and attorneys'fees
related to all violations issued by the City in connection with the Property prior to the date of this
Agreement,whether to Defendants or to any tenant on the Property.
5. Within ten(10)business days of receipt of the payment set forth in paragraph(4),above,
the City shall (a) file a Request for Dismissal of the Action without prejudice with the Court, and (b)
withdraw its Las Pendens recorded with the Orange County Clerk-Recorder related to the Action.
Nothing in that Request for Dismissal shall I imit the terms of this Agreement. Copies ofthe filed Request
for Dismissal and the documents withdrawing the Lis Pendens shall be forthwith delivered by the City
to the Defendants.
6. 3-Sided Structure. The City retains the right to issue a violation related to
continuing concerns with the 3-Sided Structure. Attached hereto as Exhibit `B" are a proposed
Notice of Violation and a related Notice of Substandard Building which the City may issue to
Defendants and record in connection with the 3-Sided Structure after the City has taken the steps
set forth in paragraph (5) above.
Page 2 of 5
7. Notwithstanding Defendants' abatement of the nuisances and/or violations
identified in the Action, nothing provided herein shall prevent or preclude the City from issuing
new Notice(s) of Violation and/or seeking corrective action should any of those same conditions
present again at a subsequent date.
S. Plaintiffs and Defendants agree that this Agreement constitutes full and complete
settlement of all claims made against Defendants in this Action. Plaintiffs will not seek any
further compensation for any other claimed damages, costs, or attorney's fees in connection with
the matters encompassed in this Agreement.
4. The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code
of the State of California are hereby waived. Civil Code Section 1542 provides as follows:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his or her favor at the time of executing the release,which
if known by him or her must have materially affected his or her settlement
with the debtor."
10. Notwithstanding the provisions of Civil Code section 1542, Plaintiffs hereby
irrevocably and unconditionally release and forever discharge Defendants and each of them,
and each and all of their officers, agents, directors, supervisors, employees, representatives, and
their successors and assigns and all persons acting by, through, under, or in concert with
Defendants,or any of them,from any and all charges,complaints,claims,and liabilities of any kind
or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as
"claim"or"claims")which Plaintiffs or any of them at any time heretofore had or claimed to have
or which each releasing party at any time hereafter may have or claim to have, incidental to the
incident(s)which form the basis of the Action.
Notwithstanding the provisions of Civil Code section 1542, Defendants hereby
irrevocably and unconditionally release and forever discharge Plaintiffs and each of them, and each
and all of their officers, agents, directors, supervisors, employees, representatives, and their
successors and assigns and all persons acting by, through, under, or in concert with Plaintiffs from
any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or
unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which
Defendants or any of them at any time heretofore had or claimed to have or which each releasing
party at any time hereafter may have or claim to have, incidental to the incident(s) which form the
basis of the Action.
Each person signing below represents that they have reviewed all aspects of this
Agreement, that the Agreement has been carefully read and fully explained to them and that they
understand every provision of this Agreement, that they understand that in agreeing to this
document they are releasing each party hereby from any and all claims they may have against each
party released, that they voluntarily agree to all the terms set forth in this Agreement, that they
knowingly and willingly intend to be legally bound by the same, that they were given the
opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each
party hereby warrants that they have the authority to enter into this Agreement and bind the party
Page 3 of 5
for whose benefit they execute this Agreement. The City acknowledges it is represented by
counsel in the Action and the terms of this Agreement have been relayed to it by a means it
understands.
Each of the Parties represents and warrants that none of the claims or causes of
action involved in this Agreement has been transferred, assigned, or otherwise conveyed to any
other person or entity, and each of the Parties is the holder of the claims put forth by that Party.
it. The Parties hereto represent and acknowledge that in executing this Agreement
they do not rely and have not relied upon any representation or statement made by any of the Parties
or by any of the Parties'agents,attorneys,or representatives with regard to the subject matter, basis,
or effect of this Agreement or otherwise, other than those specifically stated in this Agreement.
12. This Agreement shall be binding upon the Parties hereto and upon their heirs,
administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to
the benefit of said Parties and each of them and to their heirs, administrators, representatives,
executors,predecessors, successors, and assigns.
13. Should any provision of this Agreement be declared or be determined by any
court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
Agreement.
14. This Agreement sets forth the entire agreement between the Parties hereto and
fully supersedes any and all prior agreements or understandings,written or oral,between the Parties
hereto pertaining to the subject matter hereof.
15. This Agreement shall be interpreted in accordance with the plain meaning of its
terms and not strictly for or against any of the Parties hereto.
16. This Agreement may be executed in counterparts, secured via email, facsimile
transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any
executed counterpart shall have the same force and effect as an original.
17. The Parties agree that this Agreement may be enforced pursuant to California Code
of Civil Procedure Section 664.6.
18. Each Party shall bear its own attorneys' fees incurred in connection with the Action
and the negotiations that led to this Agreement. Should any Party hereto institute any legal action
or proceeding to enforce any provision of this Agreement or for damages by reason of any alleged
breach of any provision of this Agreement,the prevailing Party shall be entitled to recover from the
non-prevailing Party all costs and expenses, including, without limitation, reasonable attorney's
fees, court costs, and disbursements actually and reasonably incurred in connection with said
proceeding.
Page 4 of 5
19. This Agreement may be amended only by written agreement signed by all of the
Parties hereto, or their respective successors or assigns.
PLAINTIFF:
Dated: By: A^d
ALVARO NUNEZ
City Manager
DEFENDANT:
Dated: 10122/2025 By:
JLMY WISLOCKI _.—_..
Co-Trustee of THE CARL P. &
MARION B. STEVENS TRUST
Dated: 10/22/25 By: AI2• 54ZIa-
RON STEVENS
Co-Trustee of THE CARL P. &
MARION B. STEVENS TRUST
ATTEST:
Dated: By:
L, LL
City Clerk
APPROVED AS TO FORM:
Dated: 10/22/2025 By:
JONATHAN T.MAR INEZ
Assistant City Attorney
Dated: 10/22/2025 By:
MA C H. RICHARD
Att rney for Judy Wislocki,
Co-Trustee
Dated: 10/22/25 By: r
ERIK E. WOODBURY,
Attorney for Ron Stevens, Co-Trustee
Page 5 of 5
EXHIBIT 66 A
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EXHIBIT B
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LEGAL NOTICE OF VIOLATION TO ABATE PUBLIC NUISANCE
F
CITY OF SANTA ANA
PLANNING &BUILDING AGENCY
Code Enforcement Division
20 Civic Center Plaza
P.O.Box 1988.Santa Ana,California 92702
www,santa-ana.org/pba
NOTICE OF VIOLATION AND NOTICE
TO ABATE PUBLIC NUISANCE
(Issued pursuant to Santa Ana Municipal Code Chapter 17, Chapter 41 and the
California Civil Code Sections 3479 et seq.)
Delivered VIA first class and certified mail with return receipt requested.
RECORDED DOCUMENT
Date: September 10, 2025
Subject Property: 936 E. 2nd St.
Santa Ana, CA 92707
APN 4 013-231-53
Compliance Deadline: Violation must be abated within 120 days: , 2026
Property Owners: Judy Wislocki (Trustee)
Ronald Stevens (Trustee)
Co-Trustees of the Carl P. Stevens and Marion B. Stevens Trust
240 Pacific St.
Tustin, CA 92780
1
LEGAL NOTICE OF VIOLATION TO ABATE PUBLIC NUISANCE
This Notice of Violation is being issued to you by the City of Santa Ana("City")pursuant to Santa Ana
Municipal Code Chapter 17, Chapter 41, and the California Civil Code Sections 3479 et seq. It has been
determined by the City of Santa Ana("City") that the real property located at the address and with
Assessor's Parcel Number("APN") identified above ("Subject Property") contains an unlawful condition
constituting a public nuisance and or/substandard building posing substantial danger to health, safety, and
general welfare of the occupants, the surrounding community and public. This unlawful condition violates
multiple provisions of law, including but not limited to the California Health and Safety Code("H&S");
Santa Ana Municipal Code("SAMC"),the California Building Code ("CBC"), California Electrical Code
("CEC"), California Plumbing Code ("CPC"),Uniform Housing Code("UHC"), International Property
Maintenance Code ("IPMC")and Uniform Code for the Abatement of Dangerous and Abandoned
Buildings ("UCADB"), as adopted by the City of Santa Ana.
The agency issuing this Notice of Violation is The City of Santa Ana, California,Planning and Building
Agency, Code Enforcement Division. 20 Civic Center Plaza M-19, Santa Ana, CA. 92702. The telephone
number is (714) 667-2780.
The City has determined that the aforementioned aspect of the Property constitutes a public nuisance and is
substandard. You are hereby ordered to repair and abate all code violations identified below on the Subject
Property, including,but not limited to, all unlawful conditions within the Compliance Deadline identified
above in this Notice of Violation.
ORDER TO REPAIR AND ABATE
You are hereby ordered to correct all violations noted herein by the Compliance Deadline set forth above
by completing the following: repair or demolish the 3-sided structure/building located on the Property
depicted in the photographs attached hereto as Exhibit "A."
VIOLATIONS OBSERVED DURING INSPECTION
The following unlawful and substandard conditions were identified during an inspection of the Subject
Property on September 10,2025. (this may not be an exhaustive list of all violations and the City retains
the right to identify further violations as they are discovered): See order to repair and abate noted above.
PROPERTY MAINTENANCE
I. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a
safe and sanitary condition. All devices or safeguards required by this code shall be maintained in
conformance with the code edition which installed. (SAMC 8-43/CEBC 101.8; SAMC 8-
2000/IPMC 102.2,302.1.)
The Property has a structure (noted above) that is fire damaged, dilapidated and in unsanitary
conditions.
2
LEGAL NOTICE OF VIOLATION TO ABATE PUBLIC NUISANCE
Corrective Action. The fire damaged 3-sided structure on the east side of the property needs to be
repaired or demolished. Obtain all required permits to repair or demolish fire damaged structure.
FAILURE TO COMPLY WITH THIS NOTICE OF VIOLATION
The legal consequences for failure to correct the violations identified above by the Compliance Deadline
may be administrative fines, criminal prosecution and/or civil remedies such as injunctions, and penalties.
If the violations are not corrected, the City Attorney's Office will take all appropriate action to protect the
community, including the filing of civil nuisance abatement and filing misdemeanor criminal complaints
against all responsible parties. If the City is forced to take legal action,you will be held liable for all cost,
fees, and expenses, including enforcement cost, abatement costs, court cost, litigation expenses, attorneys'
fees, and administrative expenses, incurred by the City in inspecting, identifying, investigating, enforcing,
prosecuting, and abating all unlawful conditions in the Subject Property.
RIGHT TO APPEAL NOTICE OF VIOLATION
Pursuant to Chapter 3, Uniform Hearing and Appeal Procedure and SAMC Section 17-23, any person
having any record,title, or legal interest in the property may appeal this Notice of Violation, provided the
appeal is made in writing and filed with the Clerk of the Council within ten (10) days from the date of
service of this Notice& Order. Information regarding administrative appeal rights, and the appropriate
fees to be paid,may be obtained from the Building Official, Executive Director of the Planning & Building
Agency, or the Clerk of the Council. Failure to appeal will constitute waiver of all rights to an
administrative hearing and determination of the matter.
We seek your voluntary cooperation in complying with this Notice of Violation before taking further
enforcement action. If you have any questions regarding this notice,please contact the undersigned.
Brian Bautista
Code Enforcement Officer
City of Santa Ana
(714) 667-2721
bbauti sta_(aa,santa-ana.org
3
Recording Requested by:
City of Santa Ana/Planning and Building
When Recorded Mail To:
Code Enforcement Division
20 Civic Center Plaza
P.O.Box 1988
Santa Ana,CA 92702
Exempt recording requested pursuant to Govt. Code § 27383
NOTICE OF SUBSTANDARD BUILDING
CITY OF SANTA ANA MUNICIPAL ORDINANCE
Reference Ordinance: Health and Safety Code Section 17920.3, (a) through (o), as adopted by Section 8-1170 of the Santa
Ana Municipal Code. The owner of record has been duly notified pursuant to section 1101 of the Uniform Housing Code.
Notice is hereby given that the City of Santa Ana has found and determined that the property listed below contains violations that
constitute a substandard building. An Abatement Notice requiring corrective action has been issued.
Name of Owner(s): Carl P. Stevens and Marion B. Stevens Trustees of The Carl P. and Marion B. Stevens
Trust
Address: 936 E. 2nd St., Santa Ana,CA 92701
Legal description: A TR W Z COOKS ADD BLK 3 LOT 1 W Z COOKS ADD BLK 3 LOT 1 AND
BLK 3 LOTS 2-5 INC, Assessor Parcel No: 398-473-12
Date: 9/15/2025
Abatement Fees owed to City: No
The violation consists of: Fire-damaged 3-sided structure at the rear of the property in damaged condition. Permits are
required to repair or demolish the unsafe structure.
Agency: City of Santa Ana Code Enforcement Division Local Agency OffeciaL• Brian Bautista (714)-667-2721
Signature:
Notary Acknowledgement(Civil Code 1189)
A notary public or other officer completing this certificate verifies only the
identity o€the individual who signed the document,to which this certificate is
State of California,County of Orange
attached,and not the truthfulness,accuracy,or validity of the document.
On before me, , personally appeared
(date) (Insert name and title of person)
on the basis of satisfactory evidence to be the person(s)whose name(s)
is/are subscribed to within instrument and acknowledge to me that he/she/they authorized capacity(ies),and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
Witness my hand and official seal.
Notary Signature (Seal)
Place Notary Seal Above