Amended Complaint Filed No Fee

Cal. Super. - 6th Dist.November 21, 2016

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 160V302986 Santa Clara - Civil Electronically FiledRAMSEY LAW GROUP . f CAHUSSEIN SAFFOURI - 177863 by $”Pe“°r cw” ° ’ 3736 Mt. Diablo Blvd, Suite 300 County 0f Santa C'aras Lafayette, CA 94549 on 9/1 6/2021 11:40 AM Telephone: (925) 284-2002 Reviewed By: A. Rodriguez Facsimile: (925) 402-8053 case #1 6CV302986 hussein@ramseylawgroup.com Envelope: 727921 8 Attorneys for Plaintiffs Robert Sommer and William Sommer SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA ROBERT SOMMER AND WILLIAM N0. 16CV302986 SOMMER FIRST AMENDED COMPLAINT FOR Plaintiffs, BREACH OF CONTRACT, WASTE AND CONVERSION V. CELEBUDDY, INC., JOHN TRAN, and DOES 1 through 20, Defendants. Plaintiffs Robert Sommer and William Sommer allege: 1. Plaintiffs are the owners and lessors 0f certain commercial real property located at 1566 S. 7th St., San Jose, Santa Clara County, California (the “Premises”). A true and correct copy 0f Plaintiffs’ recorded grant deed is attached as Exhibit A and incorporated by reference. 2. Defendant Celebuddy Inc. (“Celebuddy”) is a California corporation, 0n information and belief located and doing business in Santa Clara County, California. 3. John Tran is an individual on information and belief residing and/or doing business in Santa Clara County. Defendant Tran is the president 0f Celebuddy. COMPLAINT FOR UNLAWFUL DETAINER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Defendant Celebuddy leased the Premises pursuant t0 a written lease between it and Plaintiffs as landlord, dated July 16, 2015 (the “Lease”), as further described in the Lease. A true and correct copy 0f the Lease is attached as Exhibit B and incorporated by reference. 5. Defendant Tran signed a written Guaranty 0f the Lease, dated August 27, 2015 (the “Guaranty”). A true and correct copy 0f the Guaranty is attached as Exhibit C and incorporated by reference. 6. The true names 0f defendants DOES 1 through 20, inclusive, are unknown t0 plaintiffs, who therefore sue said defendants by such fictitious names. Plaintiffs are informed and believes and thereon alleges that each 0f the defendants designated as a DOE is liable t0 plaintiffs in some manner under the Lease, 0r is a tenant, assignee, 0r partner 0f one 0f the other defendants, 0r is otherwise in possession 0f the Premises. Plaintiffs will ask leave 0f Court t0 allege their true names and capacities when the same have been ascertained. 7. On 0r about September 20, 2016, plaintiffs served defendant Celebuddy with a written Notice 0f Taking Ownership 0f Improvements pursuant t0 the Lease, taking ownership 0f all alterations and utility installations 0n 0r about the Premises (the “Notice”). A true and correct copy 0f the Notice and proof 0f service thereof are attached as Exhibit D and incorporated by reference. 8. Pursuant t0 paragraph 7.4(a) 0f the Lease, following service 0f the notice, all alterations and utility installations 0n 0r about the Premises (as defined in paragraph 7.3(a) 0f the Lease), including without limitation HVAC systems and equipment, electrical systems, plumbing systems, structural improvements, lighting systems and air scrubbers became the property 0f plaintiffs (“Plaintiffs’ Property”). 9. Defendants, however, following service, and in spite 0f, the Notice, have removed Plaintiffs’ Property from the Premises, causing damage t0 the Premises in the process. In particular, Defendants removed lighting and electrical utility and components 0f the HVAC systems from the Premises. FIRST AMENDED COMPLAINT - 2 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Moreover, despite Plaintiffs’ request that Defendants cease and desist from further removing any of Plaintiffs’ Property 0r causing damage t0 the Premises, Defendants have failed and refused t0 d0 so, and have, instead, affirmatively stated that they intend t0 continue t0 remove Plaintiffs’ Property from the Premises, including, specifically, the HVAC and electrical utility systems, without regard t0 the damage they will continue t0 cause t0 the Premises in the process. FIRST CAUSE OF ACTION (Breach 0f Contract (Lease) against Celebuddy, Inc. and DOES 1 through 10) 11. Plaintiffs incorporate by reference each and every allegation in the paragraph 1 through 10. 12. Defendant Celebuddy breached the Lease by removing Plaintiffs’ Property and damaging the Premises in Violation 0f the terms thereof. 13. Plaintiffs performed all 0f their obligations under the Lease, except for those obligations which Plaintiffs were prevented 0r excused from performing. 14. As a proximate cause 0f Defendant Celebuddy’s breaches 0f the Lease, Plaintiffs have suffered 0f at least $200,000 and according t0 proof at trial. WHEREFORE, Plaintiffs pray for judgment against Defendants as set forth below: SECOND CAUSE OF ACTION (Breach 0f Contract (Guaranty) against John Tran and DOES 11 through 20) 15. Plaintiffs incorporate by reference each and every allegation in the paragraph 1 through 14. 16. Defendant Tran breached the Guaranty as a result 0f the acts described herein. 17. Plaintiffs performed all 0f their obligations under the Guaranty, except for those obligations which Plaintiffs were prevented 0r excused from performing. FIRST AMENDED COMPLAINT - 3 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. As a proximate cause 0f Defendant Tran’s breaches 0f the Guaranty, Plaintiffs have suffered damages 0f at least $200,000 and according t0 proof at trial. WHEREFORE, Plaintiffs pray for judgment against Defendants as set forth below: THIRD CAUSE OF ACTION Waste against all Defendants) 19. Plaintiffs incorporate by reference each and every allegation in the paragraph 1 through 10. 20. Defendants caused waste t0 the Premises by removing Plaintiffs’ Property and causing damage t0 the Premises, which has resulted in a diminution 0f the value 0f the Premises. As a result 0f the removal 0f equipment, and resulting damage, not only has the market value 0f the Premises diminished, but its rental value has also been diminished. 21. As a proximate cause 0f the waste caused by Defendants, Plaintiffs have suffered damages 0f at least $200,000 and according t0 proof at trial. WHEREFORE, Plaintiffs pray for judgment against Defendants as set forth below: FOURTH CAUSE OF ACTION (Conversion against all Defendants) 22. Plaintiffs incorporate by reference each and every allegation in the paragraph 1 through 10. 23. Defendants have taken and converted t0 their own use personal property belonging to Plaintiffs, to wit, Plaintiffs’ Property. Absent relief from this Court, Defendants will take and dissipate more 0f Plaintiffs’ Property, and will make it - 0r the proceeds from its improper sale by Defendants - unrecoverable and unavailable t0 Plaintiffs. 24. As a proximate result 0f the conversion, Plaintiffs have suffered damages 0f at least $200,000 and according t0 proof at trial. WHEREFORE, Plaintiffs pray for judgment against Defendants as follows: FIRST AMENDED COMPLAINT - 4 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. For a preliminary and permanent injunction prohibiting Defendants and their employees, agents, and persons acting with them 0r 0n their behalf from removing any of Plaintiffs’ Property from the Premises; 2. For a preliminary and permanent injunction prohibiting Defendants and their employees, agents, and persons acting with them 0r 0n their behalf from causing any damage 0r waste to the Premises; 3. For damages 0f at least $200,000 and according t0 proof at trial; 4. For reasonable attorneys' fees; 5. For costs; and 6. For such other and further relief as the Court deems just and proper. DATED: September 15, 2016 RAMSEY LAW GROUP By: /./M42% r HUSSEIN SAFFOURI Attorneys for Plaintiffs Robert Sommer and William Sommer FIRST AMENDED COMPLAINT - 5 - Ul-PUJN QO‘x 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) I, the undersigned, am employed in the County of Contra Costa, State of California. I am over the age 0f eighteen and not a party t0 the Within action. My business address is Ramsey Law Group, 3736 Mount Diablo Boulevard, Suite 300, Lafayette, California, 94549. On September 16, 2021, I caused t0 be served the Within FIRST AMENDED COMPLAINT FOR BREACH OF CONTRACT, WASTE AND CONVERSION 0n the following parties: Michael Avramidis, Esq. PACIFIC GROVE LAW GROUP 207 16th Street, 303 North Pacific Grove, CA 93950 pglawgroup@gmail.com [X] (BY FIRST CLASS) -I caused such envelope(s) with postage thereon fully prepaid t0 be placed in the United States mail in Lafayette, California t0 be served 0n the parties as indicated on the Service List. I am “readily familiar” With the firm’s practice 0f collection and processing correspondence for mailing. Under that practice, it would be deposited With the U.S. Postal Service on that same day With postage thereon fully prepaid at Lafayette, California in the ordinary course of business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically 0n designated recipients listed on the Service List on: (date) at (time) [ ] (FEDERAL EXPRESS) - I caused the envelope to be delivered t0 an authorized courier 0r driver authorized t0 receive documents with delivery fees provided for. I declare under penalty 0f perjury under the laws 0f the State of California that the above is true and correct and that this declaration was executed 0n September 16, 2021, at Lafayette, CA.m Trina Audley 2 PROOF OF SERVICE