Complaint Unlawful Detainer Limited Up to 10K

Cal. Super. - 6th Dist.June 7, 2018

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: DOES 1 TO CASE NUMBER: (Amendment Number): (check all that apply): (check all that apply): 1. PLAINTIFF (name each): alleges causes of action against DEFENDANT (name each): 2. a. Plaintiff is (1) an individual over the age of 18 years. (4) a partnership. (2) a public agency. (5) a corporation. (3) other (specify): b. Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): 3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 4. Plaintiff's interest in the premises is as owner other (specify): 5. The true names and capacities of defendants sued as Does are unknown to plaintiff. 6. a. On or about (date): defendant (name each): (1) agreed to rent the premises as a month-to-month tenancy other tenancy (specify): (2) agreed to pay rent of $ payable monthly other (specify frequency): (3) agreed to pay rent on the first of the month other day (specify): b. This written oral agreement was made with (1) plaintiff. (3) plaintiff's predecessor in interest. (2) plaintiff's agent. (4) other (specify): Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Form Approved for Optional Use Civil Code, § 1940 et seq. Judicial Council of California Code of Civil Procedure §§ 425.12, 1166 UD-100 [Rev. July 1, 2005] electronic form 2005 Law Publishers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lerk of Court Superior Court of CA, County of Santa Clara 18CV329272 Reviewed By: S. Alvarez 18CV329272 PLAINTIFF (Name): CASE NUMBER: DEFENDANT(Name): 6. c. The defendants not named in item 6a are (1) subtenants. (2) assignees. (3) other (specify): d. The agreement was later changed as follows (specify): e. A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.) f. (For residential property) A copy of the written agreement is attached because (specify reason): (1) the written agreement is not in the possession of the landlord or the landlord's employees or agents. (2) this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)). 7. a. Defendant (name each): was served the following notice on the same date and in the same manner: (1) 3-day notice to pay rent or quit (4) 3-day notice to perform covenants or quit (2) 30-day notice to quit (5) 3-day notice to quit (3) 60-day notice to quit (6) Other (specify): b. (1) On (date): the period stated in the notice expired at the end of the day. (2) Defendants failed to comply with the requirements of the notice by that date. c. All facts stated in the notice are true. d. The notice included an election of forfeiture. e. A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.) f. One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant.) 8. a.The notice in item 7a was served on the defendant named in item 7a as follows: (1) by personally handing a copy to defendant on (date): (2) by leaving a copy with (name or description): , a person of suitable age and discretion, on (date): at defendant's residence business AND mailing a copy to defendant at defendant's place of residence on (date): because defendant cannot be found at defendant's residence or usual place of business. (3) by posting a copy on the premises on (date): AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date): (a) because defendant's residence and usual place of business cannot be ascertained OR (b) because no person of suitable age or discretion can be found there. (4) (Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date): (5) (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written commercial lease between the parties. b. (Name): was served on behalf of all defendants who signed a joint written rental agreement. c. Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c. d. Proof of service of the notice in item 7a is attached and labeled Exhibit 3. UD-100 [Rev. July 1, 2005] electronic form 2005 Law Publishers J'$42 H2 ; .& & 2 ' PVSMVTM 9 PVSPVTM PVSPVTM 9 9 9 9 >.*0/ #W H2 ; .& & 2 '7TUQTU 9 PLAINTIFF (Name): CASE NUMBER: DEFENDANT(Name): 9. Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 10. At the time the 3-day notice to pay rent or quit was served, the amount of was $ 11. The fair rental value of the premises is $ per day. 12. Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.) 13. A written agreement between the parties provides for attorney fees. 14. Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): Plaintiff has met all applicable requirements of the ordinances. 15. Other allegations are stated in Attachment 15. 16. Plaintiff accepts the jurisdictional limit, if any, of the court. 17. a. possession of the premises. f. damages at the rate stated in item 11 from b. costs incurred in this proceeding: (date): for each day that c. past-due rent of $ defendants remain in possession through entry of judgment. d. reasonable attorney fees. g. statutory damages up to $600 for the conduct alleged in item 12. e. forfeiture of the agreement. h. other (specify): 18. Number of pages attached (specify): 19. (Complete in all cases.) An unlawful detainer assistant did did for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:) a. Assistant's name: c. Telephone No.: b. Street address, city, and zip code: d. County of registration: e. Registration No.: f. Expires on (date): Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF ) UD-100 [Rev. July 1, 2005] electronic form 2005 Law Publishers V>VH6*.2 ,=W @6'.& TURWUU S >.*0/ #W H2 ; .& & 2 '7TUQTU PVSLVTM OVNVTM 9 [A'.0.*6,& .0*6%$'2 )* 1.,2 Z 6/7/18 VERIFICATION (446, 2015.5 C.C.P.) I, the undersigned. hereby verify and declare that I am (check the appropriate box): D a Plaintiff or one of the Plaintiffs in this action; D a Property Manager andlor Agent for the Plaintiff’s in this action, and I am making this verification on behalf of the Plaintiff, in that, I personally manage the premises which arc the subject of this action, and have personal knowledge of the facts alleged in said Complaint; Name of Plaintiff/Vested Propcny Owner: U the managing member for the Plaintiff, or one of the Plaintiffs in this action, which is a limited liability company; Name of LLC: U a general partner for Plaintiff, or one of the Plaintiffs in this action, which is a: O General Partnership Named: O Limited Partnership Named: e Trustee for the Plaintiff Trust in the herein action; Name of the Trust: ' Sum arm km. MM\w REUMGLF; HUM Tkus'r D the Successor Trustee for the Plaintiff Trust in the herein action; Name of the Trust: If signing in .a representative capacity, Ihercby verify that I am authorized to make this verification and thatI am familiar with the facts alleged in the complaint I have readlthe foregoing document Complaint for Unlawful Detainer and know the contents thereof and declare that the same is true of my own knowledge, except as to those matters which are herein stated upon my information or believe, and as mose matters I believe to bc true. I declare under penalty of pcljury under the laws of thc State of California that the foregoing is [rue and correct. This verification was executed in the County ofM-vx California, dated x WT \b mm Name (please print): Wflpfieiir I1 ‘ N501? Tine: Tm)“ E F E X H IBIT 2 EVICTION SERVICE CENTER 20 er, Experience ' Serving 6 Counties 3 DAY NOTICE TO QUIT To: Bruce De Visser, All Other Occupants and Does 1-5 Inclusive TENANTS IN POSSESSION 10410 Doris Ave San Jose, CA 95127 NOTICE IS HEREBY GIVEN, that pursuant to the provisions 0f California Code of Civil Procedure §1 161 (4), the undersigned hereby gives written notice to you of your failure to perform the following covenants: You are hereby notified that you are violating the covenant of quiet enjoyment in that you are maintaining, committing, and permitting the maintenance of and commission of a nuisance upon the premises by interfering with quiet enjoyment as follows: harassing the new property owner’s realtor by threatening, endangering, and attacking her with a brick 0n May 12, 201 8 When she attempted to confirm whether or not you had vacated the premises. Said incident resulted in response from the San Jose Police Department, Case #1 8-132-0751, for which they incarcerated you for vandalism for defacing and damaging property as well as "draw[ing] or exhibit[ing] any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner." Your tenancy will terminate three (3) days after service on you of this notice. THREE DAYS after service on you of this notice, you are required to deliver up possession of said premises to the undersigned or legal proceedings will be commenced against you to declare forfeiture of the lease or rental agreement under which you occupy the hereinabove described property and to recover possession of said premises, coun filing fees, service of process, reasonable attorney fees, and any further relief that the court may deem just and proper. Date: 5/24/2018 (Original signed by owner/agent) Manpreet Kaur Nagi as Trustee 0f The Singh-Nagi Family Living Trust Phone (408) 690-4301 3220 Stevens Creek Blvd. ° Suite A, San Jose, CA 95117 ° (408) 288-6074 FAX (408) 288-7848