Ex Parte Application Notice Required

Cal. Super. - 6th Dist.March 21, 2019

10 11 12 l3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes Ingrid B Vilona and DBA Christmas Wishes lg! I 555 Mountain Home Dr 1San Jose, CA 95136 1 2049 W 408-509-1339 e, 4* Self Represented Superior Court of the State of California For the County of Santa Clara Santa Clara Fairgrounds Management, Case No. 19CV344995 EX PARTE APPLICATION T0 QUASH WRIT OF POSSESSION, QUASH SERVICE OF SUMMONS AND FOR NOTICE 0F MOTION AND MOTION TO VACATE / SET ASIDE DEFAULT AND DEFAULT JUDGMENT: MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION 0F Ingrid B Vilona; EXHIBITS Plaintiff, vs‘ Ingrid B Vilona and Christmas Wishes Defendants. vvvvvvvvvvvvvvv TO PLAINTIFF: Santa Clara Fairgrounds Management and their Attorneys of record: Todd Rothbard, Attorney At Law, 100 Saratoga Ave #200 Santa Clara, CA 95051 408-244-4200 Specially appearing Defendant. Ingrid B Vilona and DBA Christmas Wishes will and does move the Coun t0 Quash Writ of Possession, Quash Service Summons set aside the Default and Default Judgment that was entered against her on April 17, 2019, the Judgment that was entered against her on April l7, 2019 and Quashing Writ of Possession and Quashing Service of Summons 473.5 on the grounds that that the Default and Default Judgment were taken as a result of Defendant's lack of actual notice in time to defend the action as more fully set forth in the Declaration of _ l _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE v_fi H 10 ll 12 13 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes Ingrid B Vilona , and the Exhibits attached thereto and incorporated herein by reference. The motion shall be based upon this notice, the attached Points and Authorities in support thereof, the files and records of this case, and the Declaration of Ingrid B Vilona, and the Exhibits attached thereto, and 0n such other and further oral and/or documentary evidence as may be presented at the hearing on this motion. W Ingrid B Vflona and DBA Christmas Wishes _ 2 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and Christmas Wishes MEMORANDUM 0F POINTS AND AUTHORITIES I. STATEMENT OF FACTS Plaintiffs filed suit against Defendants on or about March 2|, 2019 alleging Non Renewal of the lease. See Plaintiffs complaint on file. Default was entered against Defendant, Ingrid B Vilona, on April l7, 20l9. A Default Judgment was entered against Defendant on April 17. 2019. Defendant contends that she was not personally served with the summons and complaint and had NO knowledge that she was even being sued until someone saw the notice of Writ of Possession on Sunday May 5, 2019 that the Sheriff posted on the gate at lot 12 and sent her a picture of it. A copy of the summons and complaint was ADDRESSED to Ingrid B Vilona AND MAILED T0 THE PLANTIFF’S OFFlCE: Santa Clara Fairgrounds Management located at 344 Tully Rd San Jose, Ca 95111 Ingrid B Vilona rents a fenced in dirt lot 1/8 mile from the office at 344 Tully Rd, San Jose, Ca 951 ll Lot 12 is a dirt lot with portable chain link fence panels. No electricity, No water and No mailbox. There are No mailboxes assigned to ANY of the 60 fenced lots at the Fairgrounds inside the Santa Clara Fairgrounds Management Office located at 344 Tully Rd San Jose, CA 951 1 1 _ 3 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE lO ll 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes Exhibit 1A - Declaration of Process Server The process server stated that he was unable to locate an alternative address for the defendant. Had he bothered to look at the lease agreement that was included in the Unlawful Detainer that he was serving, he would have had an alternative address. Exhibit 1B - Notice of Non Renewal Santa Clara Fairgrounds Management MAILED and HAND DELIVERED This Notice of Non Renewal to Ingrid Vilona and Christmas Wishes at 555 Mountain Home Dr San Jose, CA 95136 Proving they had an alternative address besides their own office 344 Tully Rd San Jose, CA 951 11 Exhibit 1 C-1 - Leaseterm Item 2 - The term of my lease was from March 1, 2018 to March 31, 2019 They sent me a Notice of Non Renewal February 8, 201 9 and said to leave by February 21, 201 9 Exhibit 1 C-2 - License for Entry and Use of Land Item 3 clearly states - Storage use for Equipment, Materials and Supplies This is a dirt iot with portable chain link fence panels around it. There is No Water, No Electricity and NO Mailbox. No where in this lease does it say i am allowed to receive mail inside the Fairgrounds Management Office Nor are there any assigned maii boxes for any of the other 60 Fenced Lots at the Fairgrounds Exhibit 1 D - Lease Signature page Christmas Wishes business address was CLEARLY STATED on the signature page as 555 Mountain Home Dr San Jose, CA 95136 Exhibit 1 E -1 - Emails between Ingrid Vilona and Santa Clara Fairgrounds Management On February 4‘“ Vu Tran called Ingrid Vilona and asked for Contact Info. February 8, 2019 Ingrid Vilona emailed the requested contact info to Vu Tran The requested contact info It clearly states Christmas Wishes 555 Mountain Home Dr San Jose Exhibit 1 E -2 - Emails between Ingrid Vilona and Santa Clara Fairgrounds Management On February 8, 2019 Vu Tran replied to Ingrid Vilona’s email. So it shows he received the email and Should have noticed the Address was the 15‘ item attached _ 4 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 10 11 12 13 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes Defendant contends that the Court should Quash Service of Summons and Quash Writ of Possession and Set Aside and Vacate the Default and Default Judgment entered against them and quash the purported service on them on the grounds that it was not valid. II . LEGAL ARGUMENT A. THE COURT HAS THE POWER TO SET ASIDE THE DEFAULT AND DEFAULT JUDGMENT THAT WERE ENTERED AGAINST THE DEFENDANT Code ofCivil Procedure § 473.5 states in pertinent part: "When service of a summons has not resulted in actual notice to a party in time t0 defend the action and a default or defaultjudgment has been entered against him or her in the action, he or she may serve and file a notice 0f motion to set aside the default or defaultjudgment and for leave to defend the action. The notice 0f motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (l) two years after entry 0f a defaultjudgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or defaultjudgment has been entered.", and "Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that his or her lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, it may set aside the default or default judgment on whatever terms as may bejust and allow the party to defend the action." The substituted service must be made at the address where the defendant currently lives even service made at a close relative’s house can be ineffective. When substituted or constructive service is attempted, strict compliance with the letter and spirit 0f the statutes is required. See Stern v. Judson (I912) 163 Cal. 726. 735. _ 5 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 10 ll 12 l3 l4 15 l6 17 18 l9 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes A plaintiff has to first attempt to personally serve a defendant with the summons and complaint before attempting substituted service, or any other form of what is called “constructive service" including service by publication. “Personal service remains the method ofchoice under the statutes and the constitution.” See Olvera v. Olvera, 232 Cal.App.3d 32, 41. And a California Court 0f Appeal stated that, “Thus. section 473.5 reflects the understanding that if any form of service of summons does not result in actual knowledge, fundamental fairness may require that a subsequent default be set aside." See Olvera v. Olvera. supra at 40. The United States Supreme Court has ruled that a Judgment that has been entered where there has not been valid service of summons violates due process, is void and can be set aside at any time. Peralta v. Heights Med. Ctr. (1988) 485 U.S. 80, 84-85, 108 S.Ct. 896, 899. B. DEFENDANT HAS MET ALL 0F THE STATUTORY CONDITIONS NECESSARY FOR THE COURT TO SET ASIDE THE DEFAULT AND DEFAULT JUDGMENT THAT WERE ENTERED AGAINST HER As shown by the Declaration 0f Defendant, Ingrid B Vilona or Christmas Wishes, was Not served with a copy of the summons and complaint. Therefore she did not receive actual notice of the lawsuit in time to defend the action and this was not due t0 his avoidance ofservice 0r inexcusable neglect. And she did not receive notice that a Judgment had been entered against her until Sunday, May 5, _ 6 - NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes 2019. She has timely moved this Court t0 set aside the Default and Default Judgment that were entered against her and for leave to defend the action. And she has submitted a copy of her proposed Answer as Exhibit “A” t0 her declaration. She has thus met all of the statutory conditions necessary for the Court to set aside the Default and Default Judgment entered against her as specified under California law. C. A MOTION TO QUASH SERVICE OF SUMMONS MAY BE JOINED WITH A MOTION TO QUASH WRIT OF POSSESSION AND TO VACATE A DEFAULT AND DEFAULT JUDGMENT Code ofCivil Procedure § 4| 8. l 0(d) states that. “No default may be entered against the defendant before expiration ofhis or her time to plead. and no motion under this section, or under Section 473 or 473.5 when joined with a motion under this section, or application to the court or stipulation of the parties for an extension of the time to plead, shall be deemed a general appearance by the defendant.” A California Court of Appeal has stated that section 41 8.10 entitles a defendant to move to quash service of summons on the ground of lack ofjurisdiction and to join a motion under section 473 with such a motion all in a special appearance. See Anderson v. Sherman (1981) 125 Cal.App.3d 228, 235. D. THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT IS NOT VALID AND SHOULD BE QUASHED Code ofCivil Procedure § 41 8. 1 0 states in part: _ 7 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 10 11 12 13 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. ViIona and Christmas Wishes “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (l) To quash service of summons on the ground of lack ofjurisdiction of the court over him 0r her”. Code ofCivil Procedure § 41 5. 1 0 states in part: “A summons may be served by personal delivery ofa copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery." As shown by the Declaration of Ingrid B Vilona they were not personally served. Therefore, the purported service of the summons and complaint was not valid and should be quashed. And the fact that Defendant may have received the summons and complaint does not preclude a motion to quash due to the fact that Plaintiff did not serve the summons and complaint in a statutorily authorized manner. The fact that defendant has notice of the action is not relevant as defective service of process is not cured by actual notice of the action. See 1n re Vanessa Q. (2010) 187 Cal.App.4th 128, 135. "California is ajurisdiction where the original service of process, which confersjurisdiction, must conform to statutory requirements or all that follows is void. The fact that the person served ‘got the word' is irrelevant." Even when the defendant tenants (and/or subtenants) actually received summons and complaint and otherwise have actual notice of the lawsuit, a motion to quash will lie if process was not served in a statutorily-authorized manner. Schering Corp. v. Super.Ct. (Ingraham) (1975) 52 Cal. App. 3d 737, 74l. _ 8 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 10 ll 12 l3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and Christmas Wishes "Although a proper basis for personaljurisdiction exists and notice is given in a manner which satisfies the constitutional requirements of due process, service of summons is not effective and the court does not acquirejurisdiction of the party unless the statutory requirements for service of summons are met." Schering Corp. v. Superior Court supra, 52 Cal. App.3d at 741; see also Tresway Aero, Inc. v. Superior Court (I971) 5 Cal.3d 43 I , 435. It is well settled in California that personal service is the preferred means of service to notify a defendant of the commencement of a lawsuit. Personal service is the preferred means to notify a defendant of the issuance of a summons and the commencement ofa lawsuit. Olvera v. Olvera (1991) 232 Cal.App.3d 32, 41 . D. THE PLAINTIFF HAS THE BURDEN 0F SHOWING THAT THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT ON DEFENDANT IS VALID The law in California is settled that once a defendant files a motion to quash service that the plaintiff has the burden ofproving that the service was valid. The California Supreme Court ruled in a published decision over 100 years ago that knowledge by a defendant of a plaintiff‘s action does not satisfy the requirement of adequate service of a summons and complaint. Waller v. Weston (1 899) 125 Cal 20 “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove the facts requisite t0 an effective service.” Borsuk v. Superior Court. (201 5) 238 Cal. App. 4th Supp. l, 4 (citing Lebel v. Mai (20l2) 210 Cal.App.4th 1154. 1163. _ 9 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE lO ll 12 13 14 15 16 l7 18 19 2O 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and Christmas Wishes "When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence ofjurisdiction by proving . . . the facts requisite to an effective service.'" Summers v. McClanahan (2006) I40 Cal.App.4th 403, 41 3, fns. omitted; see also American Express Centurion Bank v. Zara (201 1) 199 Cal.App.4th 383, 387 "A defendant is under n0 duty to respond to a defectively served summons. The notice requirement is not satisfied by actual knowledge of the action without service conforming to the statutory requirements which are to be strictly construed." Taylor-Rush v. Multitech Corp. (1990) 2 l 7 Cal.App.3d 103, 1 1 1; see also Summers v. McClanahan supra, 140 Cal.App.4th at fn 25. "No California appellate court has gone so far as to uphold a service of process solely on the ground the defendant received actual notice when there has been a complete failure to comply with the statutory requirements for service." Summers v. McClanahan supra, 140 Ca1.App.4th at 414. Thus, Plaintiff now has the burden of showing that the purported service of the summons and complaint on Defendant, Ingrid Vilona, is valid. And even the fact that a registered process server allegedly made the service is not conclusive proof of proper service as Evidence Code § 647 states: "The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return." Evidence Code § 604 states: "The effect 0f a presumption affecting the burden of producing evidence is to require the trier of fact to assume the ethtence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence 0r nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate." _ 10 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE lO ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes Defendant has introduced credible evidence that would more than support a finding of nonexistence of proper service in that they did not even attempt to serve her at her stated address Which was on the lease dated February 23, 201 8 which was submitted with the unlawful detainer they filed on March 21, 2019 with the court. E. THE LAW FAVORS DISPOSING OF CASES ON THEIR MERITS Numerous decisions ofthe California Supreme Court make it clear that the law favors disposing of cases on their merits. “It is the policy of law to favor, whenever possible. a hearing on the merits. Appellate courts are much more disposed to affirm an order when the result is to compel a trial on the merits than when the defaultjudgment is allowed to stand." Shamblin v. Brattain (1988) 44 Cal.3d 474, 478-479. Because the law strongly favors trial and disposition on the merits, any doubts must be resolved in favor ofthe party seeking relief from default. Elston v. City ofTurlock(l985) 38 Cal.3d 227. 233. As shown by the Declaration of Defendant, Ingrid B Vilona. and Exhibits attached thereto they were not validly served. Therefore, the Court should grant her Motion and require Plaintiffto properly serve Defendant as the law favors. _ ll _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE lO ll 12 l3 14 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes II. CONCLUSION Based on the above, Defendant, Ingrid B Vilona, respectfully requests that the Court set aside the Default and Default Judgment that were entered against her, and quash the purported service on her, thus requiring Plaintiff to properly serve Defendant as the law favors. Dated May14,2019 M g “£19m Ingrid B Vilfiua DBA Christmas Wishes _ 12 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 10 ll 12 l3 l4 l5 l6 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1SCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes DECLARATION 0F l, Ingrid B Vilona, declare as follows. l. I am over the age 0f I8 years and am a party to this action. I have personal knowledge of the facts stated in this declaration. and ifcalled as a witness, could and would testify competently t0 the truth of the facts as stated herein. 2. l was never personally served with summons and complaint for Plaintiffs lawsuit. My lack of actual notice in time to defend this action was not caused by my avoidance of service or inexcusable neglect. 3. l had no knowledge that l was even being sued until Sunday May 5, 2019, when someone sent me a picture of the Sheriff‘s 5 day notice to Vacate 4. May 5, 2019 is when l found out l had a Judgment against me. 5. It has been less than two years since entry of the Default and Default Judgment and less than 180 days since I was served with written notice of the Default Judgment. 6. I respectfully request that the Court to Quash the Writ of Possession, Set Aside the Default and Default Judgment that were entered against me as weIl as grant my motion to Quash Service of Summons and Complaint and require the Plaintiffto serve me properly with the summons and complaint so that I can have my day in Court, and properly defend myself against Plaintiff‘s lawsuit. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on May I4. 2019, at San Jose. California.M I am Ingrid B Vilona D%A Christl‘rzgas‘ \h’ishes Date _ 13 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE EXHIBIT i A WME 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Exhibfl‘ DECLARATION OF PROCESS SERVER I I A I, KEVIN WHITE #1 559 , hereby declare: On March 21, 2019 , | was given copies ofthe summons and complaint in the above entitles action for service upon the defendant(s) herein‘. Efforts have been made to serve said defendant(s) at various hours ofthe day and night, all without success. Specifically, personal attempts at service have] been made on the following dates and times: 3/21/2019 @ 5:10PM, 8:00PM, 11:10PM, No ANSWER. 3/22/2019 @ 6:15AM, 8:60AM, 11:55AM, 3:00PM, No ANSWER. 3/25/2019 @ 8:44AM, 11:00AM, 3:35PM, 6:12PM, Ne ANSWER. 3/26/2019 @ 12:40PM, 2:55PM, No ANSWER. 3/27/2019 @ 10:30AM, 1:00PM, No ANSWER. All attempts were made at 2344 TULLY ROAD, LOT #12, SAN JOSE, CA, 951 11 Thz EX NbH’ A Hwy 151‘1e01 #10144 (:on aFMym I am unable to locate an alternate address for the defendant afler inquiry with plaintiff as to any information on the defendant's rental application. Other than the above infonnation, I am unable to locate any other address at which the defendants can be served with process. In my opinion, the only means by which defendant(s) can be served, other than by publication, is by posting and mailing. l declare, under penalty of perjury, that the foregoing is true and correct. Executed on MARCH 27, 2019 , at Santa Clara, Santa Clara County, California ’ / WHITE #1559 clarant lNGRlD B. VILONA. Individually and dolng buslness as CHRISTMASSANTA CLARA FAlRGROUNDS MANAGEMENT CORP. VS. WISHES .1QCV344995 ORDER FOR POSTlNG AND MAILING W é‘ W x0)” 01f} Le’sgate Property Management‘ 2/ c. O} $0} fly“ do' 969 Story Rd suite 6075 \v \‘S , 4“ $0” San Jose, California, 95122 ’0‘” gs“? 408429-4695 NOTICE 0F NON-RENEWAL 0F TENANCY Date: 218119 Dear: Christmas Wishes. Ingrid B Viiona and to all tenants in possession Your February 22, 2018 License for Entry and Use of Land located at 344 Tully Road, San Jose Ca 95111 is not being renewed. Your license for entry and use of land will expire on February 21, 2019.This letter is to notify you that Santa Clara Coung Fairgrounds wianot be renewing your license for entry and use of land. Please vacate the premises, remove all of your personal property and turn in all keys on FebruaLy 21:2018. You 'are still obligated to pay rent until the termination date. YOU HAVE THE LEGAL RIGHT to request an initial inspection of your unit and be present during the inspection. The purpose of this inspection is to allow you the opportunity to correct any deficiencies in the unit in order to avoid deductions from the security deposit. Please contact the undersigned to request an initial inspection. STATE LAW PERMITS former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind alter you moved out. MM” Tal Le / Agent for Landlord/ Landlord / EXHEH’ \ C ' l LICENSE FOR FA"TRY AND USE QE LAED “Tenant Agreement” This License For Entry and Us: of Land ("License") is made for reference purposes as of February 22, 2018 (“Effective Dale") set forth below by and between STERLING GROUP ENTERPRISES LLC located at 701 N Green Valley Pkwy Suite 200 chdcxson NV R9074 (“Liocnsor”) and ' -: ‘I ~ ‘ ‘ I ' identified ‘n, CHRIST ' . hminaflcr ”xentified, with respect to 1 c leased premises ("Premises g approximately” acres ofundcvelopcd land located at 344 Tully Road. Snn Jose, CA 951 ll. an f also known as the Santa Clara Fairgounds property. WHEREAS, Licensor is the lessee ofthe Premises pursuant lo a lease agreement with lhc County v M Mo 0h. wofSan Jose (“Lounty”); and $ WHEREAS. Licensor inlends lo use the Premises as a staging area for multi-purpuse construction equipment, materials and personnel ("the Projects" ; and WHEREAS, Licensor may sub-lease the Premises bu! may license me use nfthe Premises by (him parties for their similar use as a singing urea for equipment and personnel (“Authorized Use") for the Projecls, subordinate to and in coordination with Licensor's use and the usc ofany other third party licensees; NOW, THEREFORE, Licensor and Licensee agree as follows: 1. Licgnse for En and Qse. Commencing on 1h: Effective Date, Licensor grams a revocable license Io Licensee to enter onto and use the Premises for the Authorized Use. Tenn. The term of this License shaH bc for a l year period of time, based on a on -month a 'ent c edulc (easy-in easy-outmonth-lo-month Amemcnt) unless sonnet laminated by Licensor on notice to Licensee. Termination orthe license shall take effect within IO days of notice AND'any termination of land use will be subject to a 30-day written notice to Sterling Group. Further. Sterling Group grants CHRISTMAS WISHES the immediate use of said l/Z acre. for the pcn‘od of time from March l, 2018 through March 3], 2018 afler the activation ol' this Agreement. 3. Assigned Agea; Licensor shall designate an arm ofthc Premises (“Assigned Area“) of npproximalcty $43cr'clo’; Licensee's storage usc for equipment. materials and supplies. Licensee‘s storage use shah be limited to the Assigned Area (Sec Attached Site Map). 4. Easig Liccgg Fcc. Thc fee for the license (“License Fee") gamed hereby shall be calculated based onf_S_3,l_5,0 Eggnmth for each 1/2 acre of the Assigned Arm ("Basic License Fee”). Accordinglyt‘lhé‘B'is‘tb License Fee for this License shall be $3,150 per month. 5. Addigigngl Fges/Chargcs. Non: All Included 6. Due Datflflclingueucx. The License Fee shall be payable in advance on thcjfig day 9f each calengar month of the term. Liccusor shall pay a late fee 01350.00 pct day late fee for any failure to deliver payment of any month's License Fee at or before the date due. Failure to pay the License Fee or late fee at any time shall be grounds for the termination ofthis License I \ LICENSE FOR ENTRY AND USE OF LAND .‘Tenant Agreement” Tim's License For Envy and Us: of'Land (“License") is made for reference purposes as ofFebruary 22,)018 ("Effective Date") 'sct [‘0th below by an‘d between STERLING GROUPENTERPRISES LLC located at 70] N Gr'ech Valley Pkwy Suitc200 'chdcrsfm NV B9074("Licensor") arid ‘ t _- e_ "“H " business c ti “Licensee he " er hex ' ‘ KR] _ I " r Mountain Hum: Dr. San Jose CA 95136 .0“. ,w-myaqnpw. .. x "‘T"- x-WJsHEs located 555‘ hcrcinafict’ xenfifie’d,’ wxlh ‘rcsp'ect Id the [cased premises -("I’Iemis_es") consisting ofapproXimafe’IylS acres ofundcvclnpcd land located at 344 TuIIy Road, Sun Josq, CA 9511]. mg falso known as the Santa Clara Fairyounds pro'pe'rty‘. WHEREAS, License; is the lessee ofihe Premisbs Pursuant 1'0 a lease agrccmenl With the CountyofSan Jos'c (“County"); and g 2:)535$:\4 WHEREAS, Licensor inxends Io 115901: Prcmisfi as n staging area for muki-puq'msc constructionequipment, materials and personnel ("the Préjccts"); and WHEREAS, Litcnsqr may su‘b-lease_ the Pre'iniSes bu: may’h’pcnse the use nfthe Pr'emises by [birdparties for their similar use as a smging'nrca for equipment and personnel (“Autho'rizcd Use") forLhc Projects,.subordinate to and In Coordinatinn with" Licensork use and me usc ofany other third party licemees; ' NOW, THEREFORE, License: and L'icen'se‘e‘ agree as follm‘vs: r 1. License fér Enm' and Use, Commencing on 1h: Effeclivq Dnte', Liceusor grams are'yo'mblc lice'ns'e to Licensee to enicr omo‘ and'usc the Premises for 1h: Auxhorized Use. @ Mm Ihet'erm of lhis‘ Licenscshall bc fora l yearpcn’ud offime, based on aonth- - onm. a " 'em sc edulc (easy-ih eesy-out mon1h~lo-momh_ Agreement) unlxs 'sqonerterminated By Liccnshr on notice 19 Liechse'c. Términalion ofthe'liccnse'shall take effect WithinIO days of notic; AND‘any tcmination of'land use will b'gzsubjcc't to‘ a 30-day wrincn‘ noticc loSterling Group. Funher,~Slcr]ing Group grams CHRISTMAS WISHES the immediate usc‘ ofsaid 1/2 acre, for the pcn‘od of lime fiom’ March MOB through March 3], 2018 after lhcactivation of'this Agreement. '- 3. Assignchrea. Licensor shalt designate art area ofthc Premises ("Assigned Area“)‘of' approximatctyJ/Z 1;“, _, “éfrw‘Licgnscc's storage us; for cquipm‘c'nl, materials and supplics.' ‘ stora‘ge use's )1 bc'limitcdto the Assigned Area (See Atta'chedSite Map). I .icen 4. Basic Liccgg' _ Fcc. The fee t‘or the license (“License Fee") gamed hereby shat] becalculated based on2833130§£‘_§@fignth for ach 1/24 a‘cre-of the Ass_i'gn;d Area (“Basic LicenseFee”). Accordtnfi’ffi’fihfigmc Lié‘eri’séet’cc for this License shall bé $3,150 pc‘r. mOntlL 2‘ 5. AdditionaIFees/Chargcs. Non: Atllnctudcd. Q 6. Due Datflcfing’uencx. The License Fm shall b: payabté- in advancc on melts;dag of each calendar manth ofthe term. Licgnspr shall pay a late fee of550.00 per day late fee-for any failure to" deliver pa'ymem’of any month's Liccnsc Fe: at‘ or before the date due; .Faiturcto pay the License Fee or late fee at any time shall be gonna: for the tenninatibn ofthis License I _ -_ 0g Exmgwwk :X % m WHEREFORE the partia have entered inlo ibis Agreement as ofthc first dale ab’avc Writfen. \f “LlCEEgQR’i (Monthly Psyrnenu) «V‘m Sterling Group Enterprises LLC (Wire Tran'sl‘ér Info) \VELLS FARGO BANK Account Number: 9323 111 621 ‘ Routing Number. 321 27o 742 (Wire Trusty) 121000 24s (mm: Deposit nr Transfer) STEWGGROUP mI'ERPRISES LLC . ' 44.. Wléo‘aé’ ' By: Daniel McGough - Managing Partner x_g ' Dale Fcbruam 22; 20) 8v "LICENSEE" Company/Business Namgz' Chr'islmas Wishd Inc. Business Addrcss Sued: .555 Mountain HomcDr. Primary Conhct Name: .lnm "d. , Comm mum; 4085084020 R Conmcl email; chdsmuhishsea®gnaflxom CGL Insurance Carrier; ByLX. $46M UJ‘fio/rm A‘ulhan‘ud Signatnr; (Ingrikhrislrm's Wishes Inc.) Date: 02- 'g? " l 8 PLEASE SIGNIACFWA'ITJSCAN/EMAIL AN “ACUVATED AGREEMENT" T0: wa-T-qcrnnggnmipngmzcgm (party Wynn) .uu'wwwmwnmfwr-M quurmwym m ~. » - . Metror a 9 >3 (9‘ An l 95% 8:14AM <- ai- ---------- Forwarded message From: Ingrid Vilona \ Date: Fri, Feb 8, 201 9, 9:08 AM Subject: Christmas Wishes lot lease To: Show quoted text a ChristmasW...icense.JPG ‘ ’\ ' 'Efifis-tmés'ii'igiies USA \ WWI. m .u hum...“ ‘ ... w...” . m. rurnnv ‘ ‘ Dunla-(LuClh-ch. R\’.Mnm* i I Ruuminxor NM! O Inst Pink Slip'.‘ 0k! U (:rval fax Write UH", 1...." Imun u...“ um". 3.; nun j I A . um. \pu mung" ..~....u l m, ‘ i ’ a 1.- 1m up..- u-nn uuu . um ‘ _ . r . .‘L' A x-pcsutwrlkunnu Inna... Im num ‘ N . v ‘ \In mu tun 2‘ \luwmm \el. ‘(Tunnlmath‘he-i \Lun‘ JHXI‘OK-lelfl ; I M "fl. ,nn'n,(hummm “nun “4mm nun . i ““"‘" t.” m 201 9 Flyer f...nd back.pdf i ’) EXRI'LF% Vu Tran 4K to me Hide details From: Vu Tran VTran@thefair.org To: Ingrid Vilona christmaswishesusa©gmail.com Date: Feb 8, 2019, 12:17 PM View security details Ingrid, | regret to inform you that my executive director decline your condition of not paying until March 1, 201 9. Thank You Vu Tran Property Manager & Senior Accountant ‘ Santa Clara County Fairgrounds