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: TRACY DEBORBA 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 COUNTY OF SANTA CLARAand DOES 1-50, Defendant. ) CASE NO.: I SCV325190 ) ) DECLARATIONOF RETT D.B. ) BERGMARKIN OPPOSITION TO ) DEFENDANT HOUSING AUTHORITY ) OF THE COUNTY OF SANTA CLARArs ) MOTIONTO STRIKE ) ) ) Date: August 23, 2018 ) Time: 9:00 a.m. ) Dept.: 9 ) Judge: Hon. Mary E. Arand ) ) ) ) ) ) 23 24 25 26 Al 28 I, Rett D.B. Bergmark, declare as follows: I am an attorney duly licensed to practice before all courts in the State of California and am an associate of THE BARNES FIRM, LC, attorneys of record for plaintiffherein. I have per. sonal knowledge of the facts stated herein and ifcalled as a witness, could and would testify hereto: I DECLARATIONOF RETT D.B. BERGMARK IN OPPOSITION TO TO DEFENDANT HOUSING AUTHORITYOF THE COUNTY OF SANTA CLARA'S MOTIONTO STRIKE Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/10/2018 4:03 PM Reviewed By: S. Crabtree Case #18CV325190 Envelope: 1824730 l. 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. On March 20, 2018, Plaintifffiled the Complaint in the action entitled TRACY DEBORBA v. WEI ZHENG; HOUSING AUTHORITYOF SANTA CLARA;THE COUNTY 10 OF SANTA CLARAand DOES 1-50. Thereafter each of the parties was served with the com- 12 plaint. 3. Defendants HOUSING AUTHORITYOF SANTA CLARAand THE COUNTY 13 14 15 16 17 18 OF SANTA CLARAhave each separately demurred to the complaint. 4. HOUSING AUTHORITYOF SANTA CLARAhas taken the position that Plain- tiffhad not filed a claim against the local agency in accordance with Government Code Sections 945.4 and 945.6. Plaintiffrebuts this by demonstrating that Plaintifftook measures to properly file claim against the HOUSING AUTHORITYOF SANTA CLARAby serving its claim on 19 20 21 22 23 24 both The City of Santa Clara and The County of Santa Clara. 5. Prior to occupancy, THE HOUSING AUTHORITYOF SANTA CLARA COUNTY 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. 25 26 28 6. As fully set forth in the moving papers for the Petition itself, an unendorsed copy attached hereto as on or around October 10, 2017 (within six monthspom the date ofthe inciaenrj, Fetitiuncririairwiit > couttsci maiieti a Govemmenr~iilt ttgaIllst tne Cit~dnta Clara. (See Exhibit 1) 2 DECLARATIONOF RETT D.B. BERGMARK IN OPPOSITION TO TO DEFENDANT HOUSING AUTHORITYOF THE COUNTY OF SANTA CLARA'S MOTION TO STRIKE 7. On October 17, 2017, the City of Santa Clara responded to Petitioner/Plaintiff s claim advising Petitioner/Plaintiff s counsel that the correct entity to file the claim was the County of Santa Clara (hereinafter "CSC"). (See Exhibit 2) 8. Petitioner/Plaintiff s counsel in an abundance of caution, had already sent a Government Claim Against the CSC on or about October 12, 2017. (See Exhibit 3) 9. 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 on or about October 12, 2017 was the appropriate agency. 10 10. 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 12 or actions and omissions for the County. (See Exhibit 4) The letter of CSC never suggested 13 that HASCC was the appropriate agency to have served. Also, HASCC's own website 14 indicated that HASCC was promulgated by CSC, which gave further support that 15 Petitioner/Plaintiff named the correct agency. (See Exhibit 5) 16 11. Believing that six months from November 20, 2017 was the operative date for 17 bringing an action against CSC and HASCC, Petitioner/Plaintiff filed the complaint on March 18 20, 2018 in Santa Clara County. On March 23, 2018, the CSC was served and on March 28, 19 2018 HASCC was also served. (See Exhibit 6) 20 12. Some time in April, counsel for CSC and HASCC separately contacted 21 counsel for Petitioner/Plaintiff, Rett Bergmark. Each asserted that each should be dismissed 22 from the action despite the filingof the claim against CSC and HASCC. 23 24 25 13. Counsel for CSC, for the first time, asserted that the correct entity for the damages sought should have been HASCC and requested dismissal. Mr. Bergmark refused to dismiss the action against CSC due to the apparent relationship between the two entities. Mr. 26 Bergmark offered CSC to wait until the matter brought by HASCC was brought as a demurrer oj niodvrr io >Lrlki ocloii, ui:mlrllllllngwileiflcfii was appl'opl'iaie io Dismiss Cgl slid move 28 forward against HASCC instead. 3 DECLARATIONOF RETT D.B. BERGMARKIN OPPOSITION TO TO DEFENDANT HOUSING AUTHORITYOF THE COUNTY OF SANTA CLARA'S MOTIONTO STRIKE 14. Counsel for HASCC stood by the position that the claim asserted against the CSC was not effective against HASCC, despite the City's letter advising as such and CSC's failure to indicate that claim had to be made against HASCC, despite the obvious relationship and name in common. 15. Plaintiffhas filed with this Court a Petition For Permission To File Late Tort Claim Against Governmental Entity pursuant to Government Code Section 946.6 to allow for the filingof the late claim in the interest ofjustice among other legal reasons. The hearing date and time is the same as Defendant's Motion To Strike and Demurrer. Should the Court 10 grant Plaintiffs Petition, this Motion to Strike willbe rendered moot. I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. Executed on August 10, 2018 at Oakland, California. 13 14 Rett f.B.$k 15 16 17 18 19 20 21 22 23 24 25 26 28 4 DECLARATIONOF RETT D.B. BERGMARK IN OPPOSITION TO TO DEFENDANT HOUSING AUTHORITYOF THE COUNTY OF SANTA CLARA'S MOTION TO STRIKE EXHIBIT 1HIBIT 04/05/2017 4 45Pg FAX f14082882411 To: Page 4 of 8 2017-1 0 02 15:11:13 PDT ljji0002/0004 077 22/ 8020 From Klmbedr Harding .. Gityof.„„'ante CISI8 lava«fee «fwren plNel\le CLAIMAGAINSTTHE CITY OF SANTA CLARA (Fo/ Damages to Persons or Personal Property) Citv Clerk's Office Oats Sterno Received By: Via: U.S. Mall Interoffice Mall Over the Counter Other (Please do not write above this line -for City use only) A Claim rnuat be filed With the (erity Clerk Of the City Of Santa Clara Within Sift manthS'fter WhiCh the incident or event occurred. Be sure your claim ls against the City of Santa Clara not some other public entity. Where space is Insufficient, please uss additional paper and identify the Information by paragraph number. Your completed claim](original) roust be mailed or delivered to: City Clerk, City of Santa clara, 1600 Warburton Avenue', santa clara, california 9sgSO. TO THE HONORABLE MAYORIANDCITY COUNCIL OF THE CITY OF SANTACLARA; Ths undersigned respectfully submits the following claim and information relative to damage to persons snd/or Personal PIPPertv: NAME OF I DATE OF CLAIMANT Tracv DeBorbe I BIRTH 5/12/1964 ADDRESS OF I ZIP CLAIMANT 3339 Bowning Aye. l CITY Sso Joss l STATE CA I CODE 95124 HOME I WORI< I DRIVER'S LICENSE PHONF 408 I494I018 ( PHONF J STATEAND NUMBER C2365827 SEND NOTICES REGARDING THIS CLAIMTO: (List nsfne, mailing address snd telephone number ifnot same as name end address lls)ed above,) Rett D.B. Bsrgmark, Eaq. 2 1901 Harrison St., Ste., 1100, Oakland, CA 94612 DATE AND TIME I SPECIFIC ADDRESS 4129 Camden Ave. 3 OF INCIDENT 7/14/2017; 3:30 p.m. ~ OF INCIDENT(Address) Ssn Jose. CA 95124 BASIS OF CLAIM(Specify the boourrence, event, act, or omissioo which you claim caused the injury or damage for which you are submitting this claim,) Sas Attachment A 4 CITY'S ACTION (Spedfy ection by City oi Ifs emptoyees which caused alleged damage or Injury,) Sae Attachment A «'ne veer for a claim relating to sny oeuse of action for other then death, injury to person or to personal property, or growing croPs." Government Code 9911.2 04/05/2017 4:46PI4 FAX +14082882411 To: Page S at S 2017-10 02 16i'11:13 PPT @0003/0004 077-gear-scgc From: Kimbarlr Harding B NAME OF CITY EMPLOYE'E WHO ALLEGEDLYCAUSED INJURY OR LOSS SseA11achmeniA DESCRIPTION OF CLAIMANT'SINJURY, PROPERTY DAMAGE, OR LOSS (Ifthere were no Injuries, state "NQ INJURIES".) Claimant suffered Injuries to baCk, neck. and shoulders. Itt addition, claimant had lacerations to her arms. Ieg:7 I and deep contusiona to her sternum and upper torso. Currently, claimant requires the assistance of a walker for day to day ecsvllies. Medical treatment is ongoing. OTHER INJURED PERSONS (List names and addresses.) I DAMAGES CLAIMED:Amount of Claimant's damage or loss and method of computation. Indude copie's of bills, invoices, estimates, etc. Note: Ifyour claim is for more then $ 10,000. you need not fill in an amount but you must state whether julisdlction for the claim would be in the Limited jurisdiction (up to $25,000) or Unlimited jurisdictlon of the Superior Court. ITEMS Medical treatment is nnooinc $ $ $ TOTALAMOUNT: $ Court Junsdiction: (Check one) Limited Civil: Unlimited Civil: 10 WITNESSES, HOSPITALS i DOCTORS, ETC. (List names and addresses.) Juan Velasquez -Address to', bs obtained WARNINGI IT IS A CRIMINALOFFENSE TO FILE A FALSE CLAIM(Penal Code 572). I have read the matters and statements made in the above claim and I know the acme to be true of my own knowledge, except as to those matters stated upon Information or belief and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing Is TRUE and CORRECT. Signed this 27lh day Of September 20 17 '1901 Hanison St.. Ste. 1100, Oakland. CA 946 t2 at Ialmant'$4lgnature l&rar r roll \ avr avrvvN' 04/05/2017 4'48Pu FAX r 140828824 11 To. Page 6 of 6 2017-10 02 10.'11'13 PDT Ffh0004/0004 877-227-8020 From. term«arly Harding Attachment A On or about July 14, 2017, Clainiant Tracy DeBorba suffered several injuries when 0 fnanual garage door collapsed ou ber «t a residence that was inspected by the Sant«CI«ra County Housing Authc rity for safety nnd habitability pfdor to occupancy of the prcmiscs by Tracy DeBorba. Thc premises at issue has the address of4129 Camden Avenue, San Jose, California (hereinaAcr referred to as "The Premises'") and was owned at the time by Wci Zheng wbo wss to be thc landlord to Tracy DcBorba On July 11. 201'/, the Santa Clara County Housing Authority, inspeoted The Premises and deeuied it safe to enter and safe for the plaintiffto take possession of the, residence despite significant disrepair throughout tbe house. On July 14, 2007, 'l'1'acy DeBorba and her family werc at Thc lrrennse preparing tbe home for occ«pancy with the permission of the landlord. Plaintiffbegan sweeping withirt and around the detached garage when the manual liflinggarage door that had bccn open:in the ordinary and customary fashion failed to remain open as designed and intended, The garage door fell on top of Plauttiff, which caused hcr to coUapse undcmeath the garage and on to tbe ccmcnt floor, The ««pact to Plafnti6"s body was proximately caused by tbe conduct of Santa Clara County . Housing Authority to properly inspect, advise, repair, order the landlord Jo 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 Tihe Premises and the County'4 failure to insur«con ection or warning to Tracy DcBorba of those hazardous conditions caused Plaintia'Tracy DcBorba to suffer great injury. incur medical exposes, incur homecafe costa for herself and her disabled daughter, emotional distress, pain and suf5".ring and other damages to bc determined. EXHIBIT 2I I , 2017 RETT D.B. BERGI4ARK, ESQ. Tracy DeBorba 1901 Harrison St., Ste. 1100 Oakland, CA 94612 Our Client: Th eir Claim Nor Claimant: Date of Loss: Our Fde Nor City of Santa Clara 17009 DeBorba, Tracy 7/14/17 GHC001 9045-26 Dear Ms. DeBorba: The claim you submitted on October 10, 2017 to the City of Santa Clara has been assigned to the undersigned for handling. In review ofyour clahn, we note that it was nusdirected and should have been filed against the County of Santa Clara. You should be receiving a formal Rejection Notice from the City of Santa Clara within the next sixty days. In the meantime, if you have any questions or concerns, please feel free to contact the undersigned. Very truly yours, GEORGE HILLSCOMPANY 7/Sujet Fe~ Marizel J, Bajao Senior Claims Adjuster marizel.baianlNGeonr~@LID (408) 260-0153 Duect (408) 260-0154 Fax Enclosures; 1) Copy of Claim. CC: City of Santa Clata ~ E satatsll Issatss~ ~I (1M'a isa waaah ~Nab.%sastsatlR I ,.W'~ CitVof '%P Santa Clara The Conter of WhoA soeslb'a Oiliceof the Citrolerk/Auditor December 5, 2017 Rett D. B, Bergmark, Esq. 1901 Harrison Street, Ste. 1100 Oakland, CA 94612 Re: DeBorba, Tracy Dear Claimant: Notice Is hereby given that the claim, which you presented, to the City of Santa Clara dated October 10, 2017 was reiected by operaUon of law 45 days thereafter. WARNING Subject to certafn exceptions, you have only six {6) months from the date that this notice was personally delivered or deposited in the mail to file a court action on this clalrn. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection w,th this malter. Ifyou desire to consult an attorney, you should do so immediately. Please also be advised that, pursuant to Sections 1 28.7 and 1036 of the California Code of Civil Procedure, the City willseek to recover all costs of defense In the event an action is filed in the matter and It is determined that the action was not brought in good faith and with reasonable cause. If you have any questions about this letter, call George Hills Company, Inc., Claims Administrator for the City of Santa Clara, al (406) 260-2030. Very truly yours od Diridon, Jr City Clerk/Auditor City of Santa Clara cc: City Attorney's Office George Hills Company 1500 Wsrbu non Avenue ~ Seats Clare, CA95050- phone {508)8 f5 2220 ~ Fas; {s08) 2o t-577{ ~ www s ant eel arses 5ov CITYOF SANTA CLARA Office of the City Clerk DECLARATIONOF SERVICE BY MAILOF NOTICE OF REJECTION OF CLAIMBY OPERATION OF LAW I, Sophia Smith, an employee of the CityofSanta Clara, declare as follows: I am readily familiar with the City of Santa Clara's practices for collection and processing of correspondence for mailing with the United States Post Office. On December 5. 2017, I served an original copy of attached Notice and Rejection of Claim by Operation ofLaw on the claimant and/or his or her duly authorized representative by: Following ordinary business practices and placing for collection and mailing at 1500 Warburton Avenue, Santa Clara, CA 95050 on December 5. 2017. a sealed envelope; in the ordinary course of business, the above documents would have been deposited for first-class delivery with the United States Postal Service the same day they were placed for deposit, with postage thereon fully prepaid. Placing a true copy of the above referenced document eiiclosed in a sealed envelope, with postage fullyprepaid, in the United States mail at Santa Clara, California, addressed as follows. Rett D. B. Bergmark, Esq. 1901 Harrison Street, Ste. 1100 Oakland, CA 94612 Re: DeBorba, Tracy I declare under penalty ofperjury under the laws of the State ofCalifornia that the foregoing is true and correct and that this declaration wss executed on December 5. 2017. Soohia Smith (Signature) EXHIBIT 3HIBI CLAIMAGAINSTTHE COUNTY OF SANTA CLARA Please submit the completed form to the Clerk of the Board of Supervisors, 20 W. Heddlng Stn East Wing, 10'" Floor, San Jose, CA $6110 Please attach additional pages as needed. FOR CLERK'S USE ONLY Claimant's full name: Tracy DOBOrba 2, Claimant's telephone number; 3 claimant's mailing address 3339 BCWnin9 Ave., San JOSS, CA 95124 4. Mailing address to which notices are to be sent, ifdifferent from 3: B e 9 1901 Harrison Street, Ste. 1100, Oakland, CA 94612 0 Minor 5. Date of the Incident or loss' Location of the incident or loss: 4129 Camden Aye., San JDSe, CA 95124 7. Describe how the incident or loss happened and the reason why you believe the County of Santa Ciara is iiame tor your damages: See Attaohment A 5. Describe the inlury, damage, or ioss: See AttaChment A 9. If a public employee Is involved in the Inlury, damage, or loss, provide name Ifknown: See Attachment A 10. Name of witness, ifany: JUan VelasqUez 11. If ihe claim Is for less than $10,000, state the total amount of the claim/ I I List the Items totaling the amount of the claim: Item Amount item Amount $ 12. If the claim is for more than $ 10,000, Is the amount over $25,0002 Yes No cosoo//s// SI$rrtitulttfof al ant or Representative 2 2 2 ImprisonmsnYor line, orjbth. sse seovon 22 ofthe penal code. 10/12/2017 Date EXHIBIT4HIBI OFFIcE 0F THE CoUNTYCQUIssEL COUNTY OF SANTACLARa James R, Williams COUNTY COUNSEL County Government Center 70 West Hedding Street EastWin8,9 Floor San Jose, California 95110-1770 (408) 299-5900 (408) 292-7240 (FAX) Greta S. Hanseu CHIEF AssisTANT CoUNTY COUNSEL Winifred Botha Danny Y. Chou Robert M. Cuelho Steve Mitra AsstsTANT CQUNTY COUNSEL November 20, 2017 Tracy DeBorba c/o Rett D.B. Bergmark 1901 Harrison Street, Suite 1100 Oakland, California 94612 Re: Claim ofTracy DcBorba Date ofLoss: July 14, 2017 Board of Supervisors No.: 17-684 Dear Ms. DeBorba: You have filed a claim for an incident alleged to have occurred on or about July 14, 2017, at 4129 Camden Avenue, San Jose, California 95124. Our investigation reveals that the County of Santa Clara has no ownership, interest, duty or obligation in this matter as alleged in your claim. Since this matter does not fall within jurisdiction of the County ofSanta Clara, it is requested that you refrain from naming us in any lawsuit pertaining to the allegations presented in your claim. Please refer to California Code of CivilProcedure section 1038. NOTICE OF REJECTION OF CLAIM/REFRAINFROM NAMING Notice is hereby given that the claim you presented on October 12, 2017, was rejected on November 20, 2017, By this letter, the County of Santa Clara does not waive its right to assert that claimant has failed to comply with the claim presentation and statute of limitation requirements contained in the California Government Code and the California Code ofCivil Procedure, This letter shall not constitute a waiver by the County ofSanta Clara of any other procedural or substantive defects of this claim, Letter to Tracy DeBorba Re; BOS No.: 17-684 Date: November 20, 2017 Page 2 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. (See Government Code section 945.6), The six-month time limitreferred to in this notice applies only to claims or causes ofaction, which are governed by the Government Claims Act. Additionally, the Government Claims Act contains certain exceptions. You may seek the advice ofan attorney ofyour choice in connection with this matter, If you desire to consult an attorne, you should do so immediately. Please be advised that, pursuant to California Code ofCivil Procedure sections 128.7 and 1038, the County ofSanta Clara will seek to recover all costs ofdefense in the event an action is filed in this matter and it is determined that the action was not brought in good faith and with reasonable cause. Very truly yours, JAMES R. WILLIAMS County Counsel MELISSA R. KINIYALOCTS Lead Deputy County Counsel MRK:crd PROOF OF SERVICE BY MAIL Re; Claim ofTracy DeJJorba Board No. 17-684 I, Cristina Delgado, say: I am now and at all times herein mentioned have been over the age of eighteen years, employed in Santa Clara County, California, and not a party to the within action or cause; that my business address is 70 West Hedding Street, Bast Wing, 9th Floor, San Jose, California 95110-1770. I am readily familiar with the County's business practice for collection and processing of correspondence for mailing with the United States Postal Service. I served a copy of the NOTICE OF REJECTION OF CLAIM/REFRAINFROM NAMINGby placing said copy in an envelope addressed to: Tracy DeBorba c/o Rett D.B. Bergmark 1901 Harrison Street, Suite 1100 Oakland, California 94612 which envelope was then sealed, with postage fullyprepaid thereon, on November 20, 2017, and placed for collection and mailing at my place ofbusiness followingordinary business practices. Said correspondence willbe deposited with the United States Postal Service at San Jose, California, on the above-referenced date in the ordinary course of business; there is delivery service by United States mail at the place so addressed. 1 declare under penalty ofperjury under the laws of the State ofCalifornia that the above is true and correct, and that this declaration was executed on November 20, 2017, at San Jose, California. Cristi D lgado un0I 5 EXHIBIT5HIBI Ahout SCCIIA I Santa Clara Count) Housing Authoril) (Os.la( I I S I h(CII4 Al I Ris Ic,tsrrc ii A HO US lN G/-"(UTHOR IT SANrA CEARa couNr ~")Ecmbo~'s Bxowsmco~~H~higs ~Search 8o Iilloli'I'i(:HI I 4 8)(.'I'lox 8 IIOI'Six(~ !/I'(/I'108 8 ('Iiltk)ivl'llc I'loix 8 I AHOI OHI) 8('(/IIA III/!/Ix)8!I I'I(O(;It(XIS Ii:(It'II(:II'AX'I'8 Itligolilt('I:8 Iloliglih(: Ol'I'Olt'I'I/Xl'I'll(S H/luu About SCCHA 0 SHARE K} V C) /t(BOUT SCCHA Mission Statement Executive Office Board of Commissioners Agency Calendar Agency Financials SCCHA Affiliate Boards Business Opportunities Moving to Work Enterprise System Catalog News Human Resources 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 ~, B, +~p rental assistance programs authorized by the United States . > 84,; " Hg Housing 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 eggible famibes 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 eliminating 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 famibes 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 authonty in the nation to earn a "Strong" ranking by Standard 8, Poor's We look forward to working with you. HOUSING/'-iUTI IOFt'ITY SANTA CLARA COUNTY MAIN OFFICE: 505 West Julian Street San Jose, CA 95110 Monday through Thursday. 7.30am - 5;00pm Every other Friday: 7:30am - 5.00pm ht tps:/iu w w.sec housingauthority.org'about-sccha/ 7/3/201 g About SCCHA l Santa C'lars Counts I-lousing Authorit> Page 3 ol 3 (408l 275-8170 (tel:408-275-8770l TDD: (4081 993-3041 Del:408-993-30411 NON-OISCRINIINATIONANO REASONARLE ACCOErOAOOAYION POLICY Vnon-discrlminatioo-and reasonable-accomodation noltcv/I 2017 Santa Clara County Housing Authorny All nghts reserved Site Mao (/site-mao/I https «««.scchousingauthorit>.orgrabout-scchar 7/3/20 I 6 Housing Authoritv j Cit( ol'Santa Clara Page I of 2 Dcpartlucllt» Cit( Attorney's Office City Clerk/Auditor City Manager Cannabis Public Engagement and Outreach District Elections City Manager's Blog Appeal», Petitions fi: Son ice Requests BAREC Project Bayshorc North Project Enhancement Authoritv Housing Authority I.egislati(e Advocacl Spol"ts fv Open Space. Authol'ltv Succcs»or Agcnc('o the Rcdc('clopmcnt Agenc( of thc City of Siulta CI(nvnto(vu Rc( italixation Pr<)jcct .'tlllullHllu1E age Ol(hoTORNEYTI«dAddrt'Sci Rett Bergmark, 169401 Cellino and Barnes 1901 Harrison St., Suite 1100 Oakland, CA 94612 AnORNEYFORfss si Plaintiff sert e ~ c I,edrts!dsl Hc csccec rt de Y Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 TE. E PHONE No (800)800-0000 Ext 773 Re'e e Fe 17-04682-CA FOR COUR>USE 0> Fr Tracy OeBorba DEFENDANT Wei Zheng, et al. PROOF OF SERVICE BY MAIL ! CASE I,UIASER 18CV325190 BY FAX I am a citizen of the Unued States, over the age of 18 and not a party lo the within acbon sly business address is 504 Redwood Blvd . Suits 223 Novato, CA 94947. on 03/29/2018, alter subsstuted se>vice under sschon ccp 415.20(a) or 415.20(b) or FRcp 4(e)(2)(B) or FRcp 4(h)(1)(B) was made (if apphcabls), I mailed copies ot the Complaint Civil Case Cover Sheet; Summons to Ihe person to be served at the place v/here the copies were left by placing a true copy thereof enclosed in a sealed envelope, w th First Class postage thereon fully prepaid, in the United Slales Mail at Los Angeles, California, addressed as follows Housing Author ty of Santa Clara County Bakulesh Patel, Chief F>nano>al Officer 505 W Julian Street San Jose, CA 95110 I am readily familiar with the firm's practice for collection and process ng of documents for mailing, Under that practice, it would be deposited within the United States Postal Service, uii llial seuiw day, willipustagu lliuiuuii fully piupaid, iii lliu uidiiiai y course of business I am aware that on motion of the party sewed, service is presumed inval d if postal cancellation date or postage meter date is more than one (1) day after date of deposit for maihng in affidavit Fee for Service: S 95 00 One Legal - 194i Marin Yns R H ~ Rl .rt H'I'I'I I dcclsrc under pcnsliy ofperjury umfcr the la Zhenff, et al. DOCUMENTS RECEIVED: Complaint, Civil Case Cover Sheet, Summons No. Docs: 3 No. Pgs: 20 Party to Serve The County nf Santa Clara service Address 70 't'/esl Hedding st. East vv ng gii. Floor San Jose, CA 95t tg Confirmation Report. DO NOT PAY. An Invoice will be sent later. Notes; Service Status Service Complete Services: Process Serving - Standard Process Serving Copy Charge kta ling Declaration Summary of Charges: 75 00 5.00 15 00 Services will be invoiced later. DO NOT PAY NOW. Total: 9500 ATTORIETORPARITNITHoinAITORIETINA I Sr Idai d d dd. Reit Bergmark, 169401 Ceilino and Barnes 1901 Harnson St, Suite 1100 Oakland, CA 94612 TELEPHONE Nod (800)800-0000 Ext 773 ATTORNE" ioRINI df Plaintiff SUPERIOR COURT OF CALIFORNIA,COUNTY OF Superior Court of California, Santa Clara County 191 N. First Srreei San Jose, CA 95113-1090 FOR COUR I'SE Ewl V POS-010 PLAiNTIFF/PETITIONER Tracy DeBorba DEFEtfDANIIRESPONDEPIT Wei Zhen9, et al. CASE N'WNRR 18CV325190 RN N: rl~ vd PROOF OF SERVICE OF SUMMONS I At Ihe lime of service I was a citizen of the Un ted sta!es, at leasi IE years ol age a "d not a party lo this actsm B~ FAX 2. I served conies ot Complaint, Civil Case Cover Sheet. Summons 3 a F any sen ed The County of Santa Clara b person servec MEGAN DOYLE, CLERK OF I HE BOARD - Person Authorized to Accept Service of Process Address where tne pa.ty L»ss served 70 (F/est Hedding SL, East IIVing 9th Floor San Jose . CA 95110 5 I ser»ed Ihe pany b by substituted service. On (date) 03,23,2018 ai (Ume) 12 08pht I lef', the documenis iistea in rem 2 wiln ar in the presence of l.cs Clark - Person ln C barge Ol'OITicc ( I) (b usmc asl a persori el least 18 yea s of age apparently in charge al the offce or usual place o'usiness of ll e person to be served I Informed him or her of tl e general nature of Iha papers (4) A declaration of mailing is attached 6 Tne "Notice to Itic per»on served" (on Ihe summons) was completed as foaaws d on behalf of The County of Santa Clara Lnrte" CCP 416.50 (public entity) 7 Person wl;o served papers a Name Thomas J. Bowman. Jr b Audie»» One Legal - 194-Mar n 504 Redwood Blvd /f223 NOvalO CA 94947 c Telephone number 415-491-0606 d Tne f e for serviCe wee 5 95 00 e I am (3) registered Cal fornia process server Emolovee or indeoendent contraaor IRI Rec stration No 25 (i~ ) County SANTA CLARA 8 I declare under penalty of perfury under the .Sws sf the U,ted stale of America end the stale of car~re h~Mfoi ng is true sdd correcl Date 03/27/2018 Thomas J Bowman, Jr INANE O PERSON VINOSEAVEOPANERS / fislbrIATUREI / cd src ~ ruid" I r I I'R I I TINII PROOF OF SERVICE OF SUMMONS Ol/I 11827303 ATTORNEYOR PARTY VATROUT ATTORNEY /Ne ndI Add l/ Rett Bergmark, 169401 Ca)linc and Barnes 1901 Harrison St., Suite 1100 Oakland, CA 94612 ATToni EY FoR/de I Plaintiff I lenw eo'o n.odpddNNl I d eo n I Y Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PIAINTIFF Tracy DeBorba Ta.EPNONE AIO (800)800-0000 Ext 773 lod No e Fle no 17-04682-CA FOR COVRT USE ONLY OEFENOANT Wei Zheng, et al. PROOF OF SERVICE BY MAIL ! C*EE NVVOER 18CV325190 BY FAX I am a citizen of the United States, over the age of 16 and not a party to the unthin action My business address is 504 Redwood Blvd., Su te 223 Novato, CA 94947. On 03/27/2015, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if applicable), I mailed copies of Ihe: Complainl, Civ~l Case Cover Sheet, Summons to lhe perSOn to be served al the place where ihe copies were left by plaong a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at 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 famihar with the firm's practice for codechon and proCessing of doCuments for mailing. Under that practice, it would hr rll,pnvited within the l,lnitprl Rlntpu Pixstal Snwice, on that same day, with postage thereon fully prepaid, in the ordinarv course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage melar dale is more than one ( I ) ddy uflei dale uf deposit fur maring in affidavit. Fee for Service: $ 95 00 One Legal - 194-Marin 504 Redwood Blvd //223 Novato CA 94947 I ddclsrc under pcndliy ofperjury under the laws of the United Sutco of Amcncd acd the State ofCshfornia that the foregoing is inlc Eud correct Ecd that this dcclurstion wdn executed on 03/27 20I 8 at Los Angeles, Cali forms. Vinnie Garcia OL/I 11827303 EXHIBIT7HIBIT SCCI IA.Iredcral rental assistance programs ((>R I 'I( I I 5 l 'i( ( IIA )I I R IS Ieururc u H0 US I N G/-"(UTt-IQR IT S A N 1 A C L A R A C o u N T ~""hs e "0~«crow( e 00~~~~.org/[7/10/2018 6:43:01 Pall SCCI IA-Iederal rental assistance programs households are extremely low- income families, seniors, veterans, persons with disabilities, and formally 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. READ MORE See the Faces of Affordable Housing video here January Newsletter 2018 Helping to Build More Homes Through Measure A; Recent Property Acquisitions Expand and Preserve Affordable Housing, Event Celebrates Landlords'ompassion READ MORE Owner Newsletter -Fall 2017 Vacancy Payments, Tenant Ordinances Information, Section 8 Owner Survey, Upcoming Owner/Agent Workshops. READ MORE Notice of Funding Availability (NOFA) SCC's Office of Supportive Housing (OSH) & the SCC Housing Authority (SCCHA) announce the availability of funding for the development of new affordable... READ MORE IFamily Self-Sufficiency (FSS)orientation 7/10/2018 (EnglishNietnamese)- 7/10/2018 Tuesday. JUL 10. 2018 (04 00 PM - 05 00 PMI gg Office Closure - 7/13/2018 (AllDay Event) gg Tenant Housing SearchWorkshop-English - 7/18/2018 Wednesday JUL 18 2018(09 00 AM- 10 00 AMI ABOUT SCCHA SECTION 8 HOUSING Mission Statement Executive Office sFc rioN 8 I.ANl)I.OIt13 Ri;SOURCES SCCIJA REAL I. S I'A I I SCCHA Properties HOUSINGAUTHORITY SANTA CLARA COUNTY Board of Commissioners Agency Calendar Agency Financials SCCHA Affiliate Boards Business Opportunities Moving to Work Housing Choice Voucher Administrative Plan Waiting Lists Applicants Housing Choice Voucher Current Participants Other Housing Programs / Types Owner Portal List Your Rental Unit Owner Processes Owner Responsibilities Forms BUSINESS OPPORTUNITIES How to Apply for a SCCHA Owned Apartment Residents Services at SCCHA Owned Apartments Strive Scholarship Program FIND A HOML MAINOFFICE: 505 West Julian Street San Jose, CA 95110 Catalog News and Voucher Allocation Policy Address and Monday through Thursday: 7.30am - 5 00pm Every other Friday: 7.30am - 5.00pm lutps://nmn.scchousingauthority.org![7/10/2018 6843:01 PM) SCC I IA-I cdcral rental assistance programs Human Resources Language Access Plan COMMUNII'Y RESOURCLS Directions Report Fraud (408) 275-8770 TDD: (408) 993-3041 Find a Home Other Supportive Services ~ 0UI wNIvvs oprollrvvfrr NON-DISCRIMINATIONAND REASONABLE ACCOMMODATION POLIC Y 2017 Santa Clara County Housing Authonty All rights reserved. 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