DeclarationCal. Super. - 6th Dist.March 20, 2018Rett D.B. Bergmark, Esq. (SBN 169401) THE BARNES FIRM, L.C. 1901 Harrison Street, Suite 1100 Oakland, CA 94612 Telephone: (800) 800-0000 Facsimile: (888) 800-7050 Email: rett.bergmark@thebarnesfirm.corn Attorneys for Plaintiffand Petitioner herein: 6 TRACYDEBORBA 10 SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 12 13 14 15 16 17 18 19 20 21 22 TRACY DEBORBA, ) ) ) Plaintiff, ) ) ) V. ) ) WEI ZHENG; HOUSING AUTHORITYOF SANTA CLARA;THE COUNTYOF ) SANTA CLARAand DOES 1-50, ) ) ) Defendant. ) ) ) Date: Time: Dept.: Judge: August 21, 2018 9:00 a.m. 9 Hon. Mary E. Arand CASE NO.: 18CV325190 DECLARATIONOF RETT D.B. BERGMARKIN OPPOSITION TO DEFENDANT COUNTY OF SANTA CLARA'S DEMURRER; 23 24 25 26 LI 28 I, Rett D.B. Bergmark, declare as follows: I am an attorney duly licensed to practice before all courts in the State ofCalifornia and am an associate ofTHE BARNES FIRM, LC, attorneys ofrecord for plaintiffherein. I have per- sonal knowledge of the facts stated herein and ifcalled as a witness, could and would testify hereto: DECLARATIONOF RETT D.B. BERCMARK Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/8/2018 1:55 PM Reviewed By: K. Nguyen Case #18CV325190 Envelope: 1813552 18CV325190 Santa Clara - Civil K. Nguyen 1. On or about July 14, 2017, Claimant Tracy DeBorba suffered several injuries when a manual garage door collapsed on her at a residence that was inspected by the Housing Authority of Santa Clara County for safety and habitability prior to occupancy of the premises by Tracy DeBorba. The premises at issue has the address of4129 Camden Avenue, San Jose, California (hereinafter referred to as "The Premises" ) and was owned at the time by Wei Zheng who was to be the landlord to Tracy DeBorba. 2. As alleged in the complaint, on July 11, 2017, the Housing Authority of Santa Clara County, inspected The Premises and deemed it safe to enter and safe for the Plaintiffto 10 take possession of the residence despite significant disrepair throughout the house. 3. As alleged in the complaint, on July 14, 2007, Tracy DeBorba and her family 12 13 14 15 16 17 18 were at The Premise preparing the home for occupancy with the permission of the landlord. Plaintiffbegan sweeping within and around the detached garage when the manual liftinggarage door that had been open in the ordinary and customary fashion failed to remain open as designed and intended. The garage door fell on top ofPlaintiff, which caused her to collapse underneath the garage and on to the cement floor. 4. As alleged in the complaint, impact to Plaintiffs body was proximately caused by 19 the conduct and omissions of HOUSING AUTHORITYOF SANTA CLARACOUNTY and 20 21 22 23 24 25 COUNTY OF SANTA CLARA(hereinafter "HASCC") by failing to properly inspect, advise, repair, order the landlord to repair and/or warn Tracy DeBorba of the conditions of the residence in order to insure The Premises were in a reasonably safe condition. The landlord's failure to properly maintain The Premises and the HASCC and COUNTY OF SANTA CLARA (hereingafter "CSC) failed to insure corrections to the hazardous conditions or warning to Tracy 26 DeBorba of those hazardous conditions caused PlaintiffTracy DeBorba to suffer great injury, 28 incur medical expenses, incur homecare costs for herselt and her disabled daughter, emotional distress, pain and suffering and other damages to be determined. DECLARATIONOF RETl'.B. DERGMARK As alleged in the complaint, prior to occupancy, HASCC and CSC had authorized the home as suitable and safe for habitability after allegedly inspecting the premises. Obviously, the premises were not safe nor habitable for a family, including Plaintiffs family. 5. Prior to filing the complaint, Plaintiffacted diligently to bring governmental claims pursuant to of Sections 905, 910, 911.2, 945.4 and 945.6 of the California Government Code against the correct and proper agencies and in good faith and belief, did in fact provide such notice to HASCC and CSC. 6. On March 20, 2018, Plaintifffiled the Complaint in the action entitled TRACY 10 DEBORBA v. WEI ZHENG; HO HASCC and CSC and DOES 1-50. Thereafter each of the par- ties was served with the complaint. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LI 28 7. Defendants HASCC and CSC have each separately demurred to the complaint. 8. Attached hereto as Exhibit 1, is a true and correct copy of the Government Claim Against the City of Santa Clara Plaintiffs counsel submitted on or about October 10, 2017. 9. On October 17, 2017, the City of Santa Clara responded to Plaintiffs claim advising Plaintiffs counsel that the correct entity to file the claim was the County of Santa Clara (hereinafter "CSC"). Attached hereto as Exhibit 2 is a true and correct copy of the rejection letter from the City of Santa Clara received by Plaintiffs counsel. 10. Plaintiffs counsel in an abundance of caution, had already sent a Government Claim Against the CSC and on or about October 12, 2017. Attached hereto as Exhibit 3, is a true and correct copy of the claim against HASCC and CSC. 11. Acting on a good faith belief and understanding that there was a relationship between HASCC and CSC so that serving CSC was sufficient notice, Petitioner/Plaintiff s counsel relied on the City of Santa Clara and had believed the claim sent to the CSC through the Board ofSuoervisors on or about October 12. 2017 was the ar>nronriate entitv to also serve HASCC with the CSC claim form. DECLARATIONOF RETT D.B. BERGMARK 12. On or about November 20, 2017, CSC sent what appeared to be a typical rejection letter from CSC asserting it was not accepting liabilityor responsibility for the claim or actions and omissions for the County. Attached hereto as Exhibit 4, is a true and correct copy of the rejection letter. The letter from CSC never suggested that HASCC was the appropriate agency to have served or that it was a separate agency from CSC. 13. Attached hereto as Exhibit 5, is a true and correct copy of, HASCC's own website that I copied from the internet. This website indicates that HASCC was promulgated by CSC, which gave further support that Plaintiffproperly served HASCC and CSC. 14. Believing that six months from November 20, 2017 was the operative date for 10 bringing an action against CSC and HASCC, Petitioner/Plaintiff filed the complaint on March 20, 2018 in Santa Clara County. On March 23, 2018, the CSC was served and on March 28, 12 2018 HASCC was also served. Attached hereto as Exhibit 6, are true and correct copies of 13 the proofs of service for CSC and HASCC. 14 15. Attached hereto as Exhibit 7, a true and correct copy of, HASCC's own 15 16 website that I copied from the internet. This website demonstrates that HASCC provides no information regarding obtaining a claim form that is separate and apart from the CSC claim 17 form. 18 I declare under penalty of perjury under the laws of the State of California that the fore- 19 20 going is true and correct. Executed on August 8, 2018 at Oakland, 21 22 R&tt D.B. Bergmark, Esq. 23 24 25 26 28 DECLARATIONOF RETT D.B. BERGMARK EXHIBIT1HIBIT 1 04/05/2011 4 45PX FAX r14082882411 To.'Fsev 4 cr 0 201 7-1 P02 15.'11:13 POT 1)I0002/0004 077 227.0020 From tumbsrly Heroine w 'ityof Sante QIIp CLAIMAGAINSTTHE CITY OF SANTA CLARA (Fof Damages to Persons or Personal Property) Cilv Clerk's Offic Osis Sterno Received By: Via: U.S. Mall InteroNce Msg Over the Counter Other (Please do not write above this line -for City use only) A claim must be filed with the ifjtyClerk of the City of Santa clare within six months" affer which the incident or event occurred. your claim ls against the City of sante Clara not some other public entity. Where space Is Insufficle t, please use addibonal paper and Identify ths Information by paragraph number. Your completed claim (original) must be mailed or degvered to: City Clerjt, City of Santa Clara, 1600 Warburton Avenu . Santa Clara, California 86060. TO THE HONORABLE MAYORIANDCITY COUNCIL OF THE CITYOF SANTACLARA: The undersigned respectfully submits the following claim and information relebve to damage to persons and/or cersonel crocsrtv: NAMEOF I DATE OF CLAIMANT Tracv DoBorbs I BIRTH 6/12/1984 ADDRESS OF I I I ZIP CLAIMANT 3339 Bowning Aye. I CITY San Joss l 8/ATE CA I CODE 96124 HOME I WORK I CRIT/ER'S LICENSE pHCNE 4084484018 I PHONE j STATEAND NUMBER C2300027 SEND NOTICES REQARDINQ THIS CLAIMTO: (List nsms, mailing address and lelephons number ifnct same as name snd address lie)ed above,) Reit D.B. Bsrgmark, Eso. 2 1901 Harrison St., Ste., 1100, Oakland. CA 94012 DATE AND TIME I SPECIFIC ADDRESS 4129 Camden Ave. 7/ 20 '3014/ 17; 3:30 P.m, ~ OF INCIDENT(Address) Sen Jose. CA 96124 BASIS OF CLAIM(8pscily the bccurrence, event, act, or omission which you claim caused ths Injuryor damage forwhich you ars submlteng this claim.) ase Auschmenl A 4 clTY's AGTIQN (spedry scdaa by txty or irs employees which caused aaegsd dsmsgs or Injury) See Attachment A ()aaytBLr for s clstn relating to any cause of scacn for other then death, Injury tc person or tc personal prcpeny, cr growing crops." Government Gc4e 8911.2 04/05/2017 4:48PU FAX ri4082882411 To: Pasasafe 2017 10412 1 f211r IS FOT IIII0003/0004 077-227-0020 From Kimberly rfaaflao 6 NAME OF CITY EMPLOYEE WHOALLEGEDLYCAUSED INJURY OR LOSS SeeAffsohmemA DESCRIPTION OF CLAIMANT'SINJURY, PROPERTY DAMAGE, OR LOSS (Ifthere were no In)urlss, state "NO INJURIES".) Claimant suffered Inluries to bacK. neck, snd shoufdsro. IftsddlNon, claimant hsd lacerations to her arms, fogi I snd deep confuslono to her elpmum and upper kxso. Gurrenfiy, claimant requires the assistance af a walker for day ta day scUvlfies. Medlasl treatment is anoafoo. OTHER INJURED PERSONS (List names and addresses.) DAMAGES CLAIMED;Amount of Claimant'0 damage or loss snd melhod of computation, Induds copfe's of bills, invoices, estimates, etc. Note: Ifyour claim Is for more than $ 1 0,000, you need noi fill In sn amount but you mu'st state whether turhdlction for the claim would be in the Limited Jurlsdiclion (up to $26,000) or Unlimited)urisdicllon of the Superior Court. ITEMS Modioaf frasfmant ia aaoolno $ $ TOTALAMOUNT: $ Court Jurisdiction: (Check one) Umftpd Glvfi: D Unlimited Clvfi: wlTNEssfs, MospITALs'QGTCRs, ETC. (List names and eddresqes.) Juan Velssquez. Address td bo oblalned 10 WARNINQI IT 18 A CRIMINALOFFENSE TO FILE AFALSE CLAIM(Penal Gods 572). I have read the matters and sts(ements made In the above claim snd I know the same to be true of my own knowledge, except ss to tljose matters stated upon Information or belief and as to such matters I befiove the same to be true. I certify under penalty of psr)ufy lhst the foregoing ls TRUE and CORRECT. Signed ihls 27th day of Seplember 1901 Hanlson SL. Ste. 1100. Cakfsod, CA 94612 20 17 st lalmant'Upglgnature 04/05/20 1 7 4: 46P4 FAX 14082882411 To'oco 0 or 0 2017-10021811r\S POY ljh0004/0004 evT-227.0020 From: tcmtroey Her4lns AttschmentA On or about July 14, 2017, Claimant Tracy DcBorba suflcrcd several injuries whca 8 tnanual garage door cogapscd ou her at a residence that wss inspected by the Santa Clara County Housing Authority for satety and habitability prior to occupancy of thc pmmhcs by Tracy DeBorba. Thc premises at issue has the «ddrcss of4129 Camden Aveoue, San Jose, California (herciuaflcr referred to as 'The Premises" ) sud was owned at tbe time by Wci Zheng who was to be thc landlord to Tracy DcBorba On July 11. 2017, thc Santa Clara County Housing Au(bority, inspected The Prcmiscs and deeured it safe to eater nnd safe for thc plaintitfto take possession of the residence despite signiiicant disrepair throughout the house, On July 14, 2007, Tracy DcBorba and her family werc st The lrrcmise pfepariug the home for occupancy with thc permission of thc landlord. Plaintiffbegan stvceping within and around the detached garage when thc manual hfling gnrage door that had bccn open, in the ordinary and customary fashion failed to remain open as designed snd intended. The garage door fell on top of'Plaintilf, which caused hcr to collapse underneath thc garage and on tq the ccmcnt floor. The hupact to PlatntiiFs body wss proximately caused by the conduct of Santa Clara County . Housing Authority to properly inspect, advise, repair, order the landlord lo repair and/or wattr Tracy DeBorba of the conditions of the residence in order to insure The preruises were in a reasonably safe condition. The landlotxl'8 i'ailure to properly maintain Tjhe Premises and the County's failure to insure correction or wanung to Ttncy DcBorba of th Page I ol'3 rrcrrIzr~ how.es, olrovvirvr3 conc',rxvv(ties About SCCHA In 1967, the Santa Clara County Board of Supervisors established the Santa Clara County Housing Authority (SCCHA) as an independent local government agency to administer the federal rental assistance programs authorized by the United States Housing Act of 1937. Since 1976. SCCHA has operated the federal rental assistance programs of the County of Santa Clara and the City of San Jose as one program In 2008, Congress designated SCCHA a Moving to Work (MTW)demonstration agency. Our agency assists about 17,000 households through the federal rental housing assistance (Housing Choice Voucher, also known as Section 8) program. We also develop, control and manage affordable rental housing properties. The majority of our program funding comes from the U.S. Department of Housing and Urban Development (HUD). Our programs and properties are targeted to assist low, very low and extremely low-income households. The a TCFCBerrr rrvvverrvTrvs ere exuernerv rvw-rncvme rernraes. htrps://rune.scchousingauthority.org'about-sccha/ 7/3/2018 About SCCHA I Santa Clara Count> I-lousing Authorit> Page 2 of'3 seniors. veterans. persons with disabilities and the formerly homeless. Working together with landlords. housing developers charities and local governments, we strive to provide housing and support services to as many eligible families as possible. In all our operations. SCCHA works toward being a model for the innovative use of federal funds in the Section 8 program and in leveraging funds and community partnerships to develop new affordable housing and to preserve existing affordable housing. Some of our achievements include Leading national efforts to make housing assistance more cost-effective since 2008, by ehminating unnecessary documentation and procedures. thereby reducing the cost to administer the program and the burden on voucher holders. ~ Revisions to the level of rent subsidy that allowed SCCHA to maintain assistance to all voucher holders despite a 2013 federal funding decrease that would otherwise have required the termination of almost 1,000 families from the program ~ Pioneenng use of the federal Low Income Housing Tax Credit program to develop more than 2 000 units of affordable housing (recognized by numerous awards) maximizing local use of federal dollars and consistently being considered a 'high performer" that exceeds standards for quality in Section 8 voucher program administration ~ Being the first housing authority in the nation to earn a "Strong" ranking by Standard 8 Poor's. We look forward to working with you HOUSINGWUTI lpnITY saNr/t cL/tRn couNrv MAIN OFFICE: 505 West Julian Street San Jose. CA 95110 Monday through Thursday. 7.30am - 5.00pm Every other Friday 7:30ain - 5'00pm https://uiiu.scchousingauthority.org'about-sccha'/3/20 I 8 About SCCHA f Santa Clara Counti I lousing Authorit> Page 3 of 3 f408) 275-8710 ftef:408-275-8770) TDD: f4081 993-3041 ftet:408-993-3041 1 NON-OISCRlhtINATION ANO REASONABLE ACCOMIAOOAIIONPOLICY I/non-discrimiaolion.ond.reasonable acconiodation-nolicv/I 2017 Santa Clara County Housing Authority Ali rights reserved. Site Mao I/site-mao/) httpsuvu~ni.scchousingauthorit>.org.'about-scchu'/3/20 I B Housing Authority I City ol Santa Clara Page I of 2 Depaitlnents City Attorney's Office City ClcrkfAuditor City Mmlager Cannabis Public Engagement und Outreach District I.:,lcctions City Manager's Blog Appeals, Petitions tv Sais ice Requests BAREC Project Bayshorc North Project Fnhanccmcnt Authority Housing Authority legiSlative Ad'l'OCilCy Sports 8 Open Space Authoritl Successor Agency to the Rcdcl clopmcnt Agcncl Dow ntolral Rcv itali/ation Pr»icct Minimunt h'agc Ordin,ince Pforker Retention Colllllunlltl'cluloplrlent I'.Iectric Utilitl Finance Fire I lulninl Itcsources Information Tcchnologl I ihl"ii'l I al'ks 8 Reel'catloll Police Dcpartmcnt Public 4 orks 4'uter R Sewer Utilities Housing Authority Telephone: (4og) 6iS-22io Fax: (4o8) 2q t 677t of th» Citl ofS.u)bi Clara The Housing Authorih of the City of Santa Clara generally meets two'fucsduys per month, following the 7 p.m. City Council, Sports 8; Open Space Authorih', and Stadium Authorih meetings, in Council Chambers at Cih'all, lSoo Warburton Avenue. The City Council, by adoption of Resolution No. ti-7827 declaring a need to establish a housing authority, established the Cih'fSanta Clara Housing Authority at their February 22, 2011 Council meeting. The Resolution is in keeping tdth the California Health and Safety Code Section Spado, et seq, lvhich states that a city may, by resolution declare that there is a need for a housing authority to ensure the provision of safe and sanitary housing for persons of loiv income. These findings ivere affirmed by the Housing Element of the City's General Plan and the City's Housing Needs Assessment as determined by Association of Bay Area Government. Establishing a City-based housing authority lvill position the City to continue local control of housing funds generated by the Redevelopment Agency. Ivlembers of the Housing Authority are the seven elected members of the City Council. The Mayor serves as chair of the Housing Authority and the Council Members serve as Commissioners. The City Manager serves as the Executive Director and the CityAttorney as the Housing Authorih's General i naineat.~t ~ c mm4ctnes ai dh/n~~roaafolio http://sanlaClaraca.aov 'gol ernment'delsirtments 'city -manager'housing-authority 7/3/28 I 8 Housing Authorit> I City of Santa Clara Page 2 of2 Authority Commissioners l.isa M. Gillmor, Authority Chairperson Debi Davis Pat Kolstad Patricia Mahan Teresa O'eill Kathv Watanabc Executive Director, Deanna J. Santana Interim Authority General Counsel, Brian Doyle Acting Authority Secretary, Iennifer Yamaguma Acting AuthorityTreasurer, Angela Kraetscb I.lousing Funds In i99o, tire Redcvclopntent Agency of the City ofSanta Clara established an Affordable Housing Fund to provide financing assistance for various programs and projects in the City o(Santa Clara that provide affordable housing opportunities for lo» and moderate income households. These functions were assumed by the Housing Authority of the City of Santa Clara in I'ebruan', zoii. From i99o through aoia, the City of Santa Clara, its Redevelopment Agency, and now its Housing Authority have budgeted more than 3 ig8 million for affordable housing progmms and acr< ices, including below-market new homes, tirst-timc honic 1)uiier loans, residences for seniors and the disabled, transitional housing for homeless families, shelters for homeless ivomen and their children and for homeless teens, assisted liring imd dementia care homes for seniors, and relmbilitation loans for existing properties. These budgeted funds have assisted or iiillassist in the development of more titan 2 390 llcivhousing units, and the ac-manager 'housing-au thorit> 7/3/20 I g EXHIBig gHI IT 6 ptiospsvoRppnivivnhoviwinu Hrip: .7 h «4 i. ~ . Reit Bar gmark, 169401 Cettino and Barnea 1901 Harnson St., Suite 1100 Oakland, CA 94612 ~Eiae ovsvoi (800)800.0000 EH1773 Rrionrev pen nv i Plainlilt SUPERIOR COURT OF CALIFORNIA,COUNTY OF Superior Coun of Ca(i(ornia. Santa Ctara County 191 N. First Slroal San Jose, CA 95113.1090 PIAINTIFFIPETITIQNER Tracy DeBorba POS.010 POP CoiiRI VS E OH P CISE Hu.isER OCFCYIOANTIRCSPONOEPII Wei Zheng. ei al L PROOF OF SERVICE OF SUMMONS 17-04682 CA I Al Inc lime of service I was a ol en olue Uniled Slales el least 18 years o! age and not a party le Ibis scdsn 2 i served cop es of Complaint. Civil Case Cover Sheet, Summons 3 a party sen ed Housing Au(booty of Santa Clara County 5 I SerVed dre peny b by substituted service on (dale) 03i28/2018 a gkne) 3 37PM I leh Ine docuvents listed in item 2 HAH or in itic presence ol Knit Ccspcdcs - Person tn Ctlargc OfOA)cc ( I) (business) a pe son at least 18 years of age appsrency in chan> at Ihe office or vsvsl p'ace ol bvi, ness ol Ihe person lo be served I inlmnmn nirr or her ni lhe general na ure ol Ihe papers (4) A deciaralion of ms lirg is aaached li TI R Nol rr, Io lririPerson Saved (on Iho summons) Has conptetec as fo oivs 4 onbeiialof Housing Aulhorilyoi Santa Clara County under CCP 416 50 (pubiic entity) 7, person wno served papers R Nniiie Thomas J Boviman. Jr b Alklross Owe Legal- 194 l,ls h 504 Redwood aivn O723 Novato. CA 94947 c Telephone nvmbvi 415.49 I.0606 d Tne fee lor service was 3 95 00 e I ain (3) reg stered Ca ifoi a piocevs eerier lii EmploYee orpedeoendentconuictiH ( ~ I Reo slrsian No 25 (Pii County SANTA CLARA 6 I dccia R under penssv of psrlvry vndsi the laws ct Ine United stslss of Amsrea and lhe Date 03/29/2018 Thomas J. Bowman, Jr 7 o pjR~~Nv u i'ipop ppPs Sisls ol Csllfoinis Ihsl Ihe lorvgoing is Irvs snd correct isioviii;ili ciwvr ~ «R Pinj OLO 11627302 nohhc hc Rahuiha ha RiisiisihNR b person Son ed Bnkutohh Paiet. Chief Financ al Officer - Person Authorized to Accept Service of Process 4 Addressvine .tHV psnywaiseved 505 W Julian Street San Jose, CA 95110 ATTORNEVOR PARTV VN TROUT A IVOR'TET Il aw o'd Aotov'TTI Reit Bergmark, 169401 Ce)(ino and Barnes 1901 Harrison St., Suite 1100 Oakland, CA 94612 ATIURI EYFolia~i Plaintiif IaoovaTVNNTN jvadodwaa INN»cad. Vav Santa Clara - First Street 191 NL First Street San Jose, CA 95113-1090 PIAINTIFI Tracy DeBorba OEFENOANT Wai Zheng, et al. TE. E PIRATE NO (800)800.0000 Eat 773 R 'o 1 Faoo 17-04882-CA FOR COURT UEE ONLY PROOF OF SERVICE BY MAIL 18CV325190 BY FAX I am a citizen o( ths Un ied States, over the age of 18 and not a party lo Ina within action. My business address is 504 Redwood Blvd., Suits 223 Novato, CA 84947. On 03/29/¹8, after substituted service under section CCP 4 f520(a) or 4 I 5 20(b) or FRCP 4(e)(2)(8) or FRCP 4(h)(1)(B) was made (if applicable). I mailed copies of the Complaint. CivilCase Cover Sheet Summons lo Ihe person lo be served al the p'ace where Ihe copies were lait by placing a true copy ihereof enclosed in a seat'ed envelope, with First Class postage thereon fullyprepaid. in tne United Slates Mail at Los Angeles, Casfornia, addressed as follows: Housing Authority of Santa Clara Counly Bakulesh Petal, Chief Financial Officer 505 W, Julian Street San Jose, CA 95110 I am readily fami;iar with the firm's practice for collection and processing of docunients ior mailing. Under thai pracbce. Tl would be deposited within the Untied States Postal Service. On Ihul suum day. willipustutfu Ihuiuuii (ully Mupaid, ki lliu Aadiriat y course of budiness. I am aware that on motion of ihe party served, seneca is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. FBB for Berv)ce: B 9500 One Legal ~ 184-Marin dnd n&~Ol a doo1 I dccldrc under pcncliy ol'ocr)cry onilcr the laws of tbc United Sutc» of America End dic Sisic ofCali(amis that ihc foregoing IE true End correct End that this decl drdtion was cxccutcd on 03 29I20 I 8 Et Lo» Ange lc», Cdlifomid Ivcwato, GA 84841 Vinnie 0 araa OLg 11827302 AIIONfTTON PANffTAINOUT AIT(WNE'rfffffwIfvfsf ifPAN P INIPtw Rail Bergmark, 169401 Cetgno and Barnes 1901 Herr.son Sl., Suite 1100 Oakland, CA 946 1 2 nfspfnfnno..(800)800.0000 Exl 773 ATTofnE Tofiiiff Pl Plaintitf suPERIOR COURT OF CALIFORNIA,COUNTY OF Superior Court of California, Santa Clara County 191 N First Stree'an Jose, CA 95113 1090 PLA NTIFFTPERT QNER Tracy DeBorba DEFENOANITREEPQTIDENI Wei Zheng, et ai EAEE NufsEII rrwcovNT IIEE on T I SCV325190 POS-010 P Nf P.rl PROOF OF SERVICE OF SUMMONS 17.04682-CA I Al Ihe I ms of s"rvice I vfas a oleen of lhe United Slates, st least I8 yvdrs of age ai d nol s party lo This sclion ~~ ~X 2 I serfsd cope'l ComplainL Civil Case Cover Sheet, Summons 3 a Pany schon Tho County of Santa Clara h Person Senicc MEGAN DOYLE, CLERK OF THE BOARD - Person Author/Zed to AcCePt Service olProCesa 4 Aoo ess «pere lfm pvnr iiss served 70 Wast Hedding Sl . East Wing 9th Floor San Jose . CA 95110 5 ISON mllhe pony 6 by substituted service. On (dme) 03/23/2018 al gfnfe) 12 OBPM I le'I Ihe documer IS I sled.n rom 2 w4n Cr in the presence of t,cs Clark - Pcison tn Ctiargu ATOFgicc (I) (buoness) a person al leasl Is yes 4 of sge Epoarenll/ pi charge el Ihe oifca or usual place o'usiness of Ine carson lo be served I informed him or her of 6 e general nawre of Ihe papers (4) A declaration of meiino Is anacned 6 Tne Notice lo Ihe peisnn served" (on the sun:mons) was comlseuld as losows 4 on behalf of. The County of Santa Clara urNIOT CCP 416.50 (public enhty) 7 Person who senred papers a Name. Thomas J. Bowman, Jr b Addfvvv One Legal - 194 Marin 504 RedWOnn Blvd ¹273 Novalo, CA 9494/ c Telephone number 415-4914)606 d Tne lse tor service was 5 95 00 e lem (3) reg stared Cali/ornia process server lii Emolovee of indeoendenl Costraaor lin Reoislrsnon No 25 (is) County SANTA CLARA 8 I dedsfe under osnpsy of Ferlvry under the sws of ihe UAA d Spies st Amsdcs End Ihe Stale of Cs lor ng is twe snd cor sm pale. 03/27/2018 N Thomas J Bowman, Jr i TWI f O PuimiiNNOEIATTOPA uif fr /IEENIATTNEI / Tf AlffifvfwflI Ivfult I fir/TWO«N I If I II I ROTTPTIPRST¹t tVhn NIIEEMITNN OL¹ 11827303 ATTORIAYORPARTY YATHONTATTORNEYTAT«a ««Ann«YYA Rett Bergmark, 169401 Cellino and Barnes 1901 Harrison St.. Suite 1100 Oakland, CA 94612 AnomEYFORFI«nni Plalntig Iann naa nl «Nn. Fnn N nnv««Y NYAY«FI n nnz Santa Clara - First Street 191 N, First Street San Jose, CA 96113-1090 PIAINTIFF Tracy DeBorba OEFENOANT TETE«HONE«0 (800)800-0000 Ext 773 I INI Nn «FNYF 17-04682-CA FOR COORT VEE ONIY Wei Zheng, et a(. PROOF OF SERVICE BY MAIL ! iCAEENVVFER 18CV325190 BY FAX I am s citizen ol the United states, over Ihe aoe of 16 snd not 4 party Io Ihs wiavn action kly business address is 504 Redwood Blvd., suite 223 Trovato. CA 94947 on 03T27/2015. after substitulsd service under section ccp 415.20(a) or 4 I5.20(b) or FRcp 4(ey2)(B) or FRcp 4(h)(1)(B) wss made (if applicable). I insilsd copies of lbs. Complaint Civil Case Cover Sheet, Summons to Ihe person lo bs served ai the place where the copies were left by plsong a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully preps'd, in the United States Mail al Los Angeles. California, addressed as follows: The County of Santa Clara MEGAN DOYLE, CLERK OF THE BOARD 70 West Hedding St., East Wing. 9th Floor San Jose, CA 95110 I am readily familiar with Ihe firm's practice for collection and processing of documents for maibng Under that practice, it would he depnnlted within thn l.lnimrl Stains Pnainl Service, on that same day, with postage thereon fullyprepaid. In Ihe ordinary course of business. I am aware thai on motion of the party served. service is presumed invalid ifpostal cancellation date or postage melar date Is more than one ( I ) day aflui dulu uf dupuait fur mailing in affidavit Fee for Service; $ 95 00 One Legal - 194-Marin 504 Redwood Blvd 4223 I dcclsrc under PonRliy nf per)ury under the Iswx of the United States of America snd Ihe Sisie ofCshfornis ihsi ihc foregoing is true Ead corrcin snd that this dcclsrstion wRE executed on 03/27 2018 Ei Los Angclcn Cahfornis. Vinnis Garcia OLB 11827303 EXHIg(y pIBIT 7 SCCHA-Federal rental assisnntce programs LO),TAC r I'< I .'iC('IIA Al I Rl'i Ic)tive u A HOUSINGAUTHORIT s A N T A c L A R A c 0 u N T ~ M 8 40~88 9rowsuug oo)as~so<48(88 ~Search 8o 110)t I 6( ('Il '< St.(: I l()V tt Il()I'si 5(''I '()I; I<4 ) IS hl (' l ( ) X u ( ' ) ItI< I re I'L)l(lI( IIL)) IS st('1)<)v8l 'LII)I<)1<1< .i 6< ('ll < Itl slut se IIl h<)l I<(l 6 ' 'I()l613(t r