Answer Unlimited Fee AppliesCal. Super. - 6th Dist.January 27, 2021~& +&&&~ Response to Request for CivilHarassment Restraining Orders Clerk stamps date here when formis filed. Use this form to respond to the Request (form CH-100) . Read How Can I Respond to a Requestfor Civil Harassment Restraining Orden? (form CH-120-INFO) to protect your rights. ~ Fill out this form and take it to the court clerk. ~ Have someone age 18 or older-not you-serve the person in Q1 or his or her lawyer by mail with a copy of this form and any attached pages. (Use form CH-250, Proof of Seivice ofResponse by Mail) Q1 Person Seeking Protection Full nmne of person seeking protection (seeforfn CH-I 00, iten& Q1): Fill in court name and street address: Nicole L. Frandsen Superior Court of California, County of Q2 Person From Whom Protection ls Sought Santa Clara a. Your Name: Victor Moreno 191 N. First Street, San Jose, FCA Your Lawyer (ifyou have onefor this case) Name: Roger D. Wintle State 13ar No . 142484 CIVIL DIVISION Firm Name: The Heritage Law Group Your Aildress (Ifyou have a lawyer give your /awyer s inforntation. Coun fills in case number when form'salad. Ifyou do not have a lawyer and want to keep your home address private, you fnay give a different tnailing address instead. You do not 21CH009828 have to give telephone, fax, or e-mail) Address: 96 N. Third Street, Ste. 260 Present your response and any opposition at the City: San Jose State CA Zip 95 I 12 hearing. Write your hearing date, ™, and Place from form CH-109 item Q3 here:Telephone: 408-925-0146 Fax: E-mail Address: rdw@)ilgusa.corn ~Date Dept.: 4 Room: Q3 x Personal Conduct Orders If you were served with a Temporary a. I agree to the orders requested. Restraining Order, you must obey it until the b. x I do not agree to the orders requested. hearing. At the hearing, the couit may make (Specify why you disagree in item Q11 on page 3.) orders against you that last for up to five years, c. I agree to the following orders (Specify below or in item Q11 on page 3.) Q4 x Stay-Away Orders a. I agree to the orders requested. b. x I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3) c. I agree to the following orders (specify below or in item Q11 on page 3): Qg x Additional Protected Persons a. I agree that the persons listed in item Q3of form CH-100 may be protected by the order requested. b. x I do not agree that the persons listed in item Q3of fofnu CH-100 may be protected by the order requested. Judicial Counwl of Caliiomia, www.courts.ca.gov Revised January 1, 2016, Mandatory Form Code of Civil Procedure, e5276 and 5279 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 1 of st Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/12/2021 10:25 AM Reviewed By: M. Sorum Case #21CH009828 Envelope: 6022297 21CH009828 Santa Clara - Civil M. Sorum Case Number: 21CH009828 Q6 Guns or Other Firearms and Ammunition Ifyou were served with form CH-110, Temporary Restraining Oriler, you cannot own or possess any guns, other firearms, or ammunition. (See item Q7 of form CH-110.) You must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control within 24 hours of being served ivith form CH-110. You must file a receipt with the court. You may use form CH-800, ProofofFirearms Turned In, Sold or Stared, for the receipt. a. I do not own or control any guns or firearms. b. I ask for an exemption fiom the firearms prohibition under Code of Civil Procedure section 527.9(t) because canying a firearm is a condition of my employment, and my employer is unable to reassign me to another position where a firearm is unnecessaiy. (Explain): Check here ifthere fs not enough space belowforyour answer. Putyour complete answer on an attached sheet ofpaper and write "Attachment 6b-Fireaivns Surrender Exemption" as a title. You may useform MC-025, Attachment. c. I have turned in my guns and firearms to the police or sold them to or stored them with a licensed gun dealer. A copy of the receipt is attached. has already been filed with the couit. Q7 Possession and Protection of Animals a. I agree to the orders requested. b. I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3.) c. I agree to the following orders (specify below or in itefn Q11 on page 3): Q8 x Other Orders a. I agree to the orders requested. b. x I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3) c. I agree to the following orders (specify below or in itenf Q11 on page 3): g x DenialQ I did not do anything described in item Q7 of form CH-100. (Skip toQ11 .) Revised denude 1, 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 2 of 4 Case Number: 21CH009828 10 Justification or Excuse0 Ifl did some or all of the things that the person in Q1 has accused me of, my actions were justified or excused for the following reasons (explain)i Check here if there is not enough space belowfor your answer. I'ut your complete answer on an attached sheet ofpaper and write "Attachment 10 Justification or Excuse" as a title. You may useform MC-025, Attachment. Q11 x Reasons i Do Not Agree to the Orders Requested Explain your answers to each order requested thatyou do not agree with. Check here ifthere is not enough space belowforyour answer. Put your complete answer on an attached sheet ofpaper and write "Attachment I I-Reasons IDisagree" as a title. You may useform MC-025, Attachment. Revised Jeeueir 1, 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 3 of 4 L Case Number.'I CH009828 No Fee for Filing0 a. I request that I not be required to pay the filing fee because the person inQ1claims in foun CH-100 item Qts to be entitled to free filing. b. I request that I not be required topsy the filing fee because I am eligible fora fee waiver. (1'owns'-001, Request to Waive Court Fees, imist befiled separately) U Lawyer's Fees and Costs0 a, IJx I ask the couit to orderpaymentof my The amounts requested are; Ux Lawyeies fees Qx Couit costs. Item Filing Fee ~Attonte Fees Ammoun 435.00 $ 3,300,00 $ ~Anount D Check here if there are more items, Put the items and antotmts on the attached sheet ofpaper ana'write "rlttachmcnt 13-Eawyer 's Fees and Costs "for a title. you may use or foinn MC-025, Attachment. b. iM I ask the couit to deny the request of the person asking for proteotion that I pay his or her lawyer's fees and costs. 14 Numbei ofpages attached to this form, if any: ~f0 Roger D. Wintle Xawycr 's name (ifany) I declare under penalty of perj ury under the laws of the State of California that the information above and on all attachments is true and correct. ~.i.: 9/sPzl Victor Moreno Type orpi'intyoui name Sign yoi/mome Revised Jadedly 1, 2dda Response to Request for Civil Harassment Restraining Qrders (Civil Harassment Prevention) CH-120, Page 4 ef4 ATTACHMENT 11- REASONS I DISAGREE Defendant, Nicole L. Frandsen entered into a Sublease Agreement with my business Moreno Produce which is owned and operated by Victor and Manuel Moreno. She first approached Manuel Moreno and she told him that she wanted to open a business in which she would be a physical therapist and her boyfriend would offer tattoos to the public. Moreno Produce is in the business ofproviding and delivering produce to various customers in the area and I am rented a building located at 1098 S. 6" Street, San Jose from Steve McFarland one of the owners of that building under a Commercial Lease and Deposit Receipt on May I, 2019, a copy of which is attached as Exhibit A. There is a front part of the building that was designed to be an office that would connect with the rest of the building. We didn't need the office space, so when Nicole L. Frandsen inquired about whether she could rent this space for commercial use, I was interested provided the owner of the building would be willing to allow me to sublease the office space. Our landlord Steve McFarland agreed to the sublease of the office space portion of the building and we entered into a sublease which is attached hereto as Exhibit B. Ms. Frandsen paid $2,000 as a deposit toward rent. She was supposed to pay $250 per month for utilities, but only paid for one month and thereafter paid only a portion of the agreed amount. She paid me the agreed upon rent, but that stopped on December, 2019 when Ms. Frandsen ceased making any payments at all. I have had very little contact with Ms. Frandsen and do not speak with her on a regular basis. I am aware, however, that Ms. Frandsen and a number of other people have occupied and continue to occupy the office space as a residence. She and the others have made "private rooms" in that area to accommodate the people who live there. I became aware last November that the San Jose Police Department was investigating the numerous inrhviduals who occupied the office space. One individual was arrested and taken to jail. Either Ms. Frandsen or one or more of her fi iends broke into an area in the building that Moreno Produce occupies and in which my son, Victor Moreno stored some of his belongings and took various items ifhis. I never made any threat toward Ms. Frandsen or the other people who occupied the office space. A car that appeared to be abandoned was towed offwhen I made a compliant to the San Jose Police Department when it appeared that whoever owned the car had abandoned it. When her sub-lease expired, Ms. Frandsen asked to me to renew her sublease and I declined to do so. She never used the office space as a business. A lot of people came and went in the office space in the morning and late at night. I believe Ms. Frandsen was renting space in thc office space. She evicted a woman who was staying in thc ofhce space and threw her belongings outside. I routinely saw drug deals being performed in and around the office space and am aware that the San Jose Code Enforcement Department has been trying to get Ms. Frandsen out since she is in violation of the zoning ordinances that do not allow residency in commercial buildings. Neither of us have threatened Ms, Frandsen and feel that the restraimng order is brought against me and Victor to get even with Steve McFarland. I am requesting that this matter be dismissed with prejudice so that she does not tiy this again. EXHTBIT AIBI COMMERCIAL!.EASE AND DEPOSIT RECEIPT REGEIVED FROM: MANUBL MORENO ALVAREZ and/or MORENO PRODUCE hereinatter referred to as LESSEE, ihe sum of $ 16.400 00 DOLLARS), evidenced by as a deposit which, upon acceptance of this lease, shall belong to Lessor and shall be applied as follows: TOTAL Rent for ths period from: 6/1/2010-6/31/2060. $ 6,200,00 Security deposit: 6,2D0.00 Other1 $ 0 Olherg $ 0 RECEIVED 6,200.00 0,200.00 $ $ Bal. Dva Prior Yo Occueansv $ 0 $ 0 $ 0 $ 0 TOTAL $ 16,400.00 $ 16,400.00 $ D in the event that Ibis lease is not accepted by the Lessor within stays, ihe total deposit received shall be refunded. Lessee hereby offers to lease from Lessor the premises situated In the City of SAN JOSE County of SANTA CLARA, State of ~CIIfa Ma gsttg, desoribed as 1096 8 6r" 6TREET JJJnclu es adiacent 256 Keves StreaB upon the following TERMS and CONDITIONS; 1, TERIVB The term hereof shall commence on MAY 1, 2019, and expire an ApRIL 30, 2024 2, RENT: The toial rent shall be 6 616'.000.00 Bavable as followrri The rent described in this i&araurauh Is referred sr hs bass rant. sea addeqdmn'"A" for complete rsntsshadule. All t twllb pldt 0 II th ILL t, tqh Ill i ddw:'III'I "d os ~.l:sl jllloFarlsnd, 6263 Blah Mes~do C'ourt San Jose. CA gb13&, or at such other places as may be designated by Owner from time tc time, 3, USE: The premises are to ba used for the operation of: PRODUCE DfSTRIBUTOR and for no other purpose, without prior written consent of Lessor. 4. US Es PROHIBITED: Lessee shall not use any pcrilon af the premises for purposes other than those spsciged hereinabove, and no use shall be made or permitted to be made upon the premises, nor sots done, which will Increase the existing rate of Insurance upon the property, or causa cancellation of insurance policies covering said property. Lessee shall not conduct or permit any sale by auction on ths premises, 6, ASsJGNMENT AND SUBLETTINSU Lessee shall not assign this lease or sublet any porgon of the premises without prior written consent of ihe Lessor, which shall not be unreasonably withheld, Any such assignment or subletting without consent shall be void and, al ths option of Ihe Lessor, may terminate this lease, SEE ALSD ADDENDUM "A" 6, GRDINANCES AND STATUTES: Lessee shall comply with all statutes, ordinances and requirements of all municipal, stats and federal authorities now in Force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecling the use !hereof by Lessee, The commencement or pendency of any state or federal court abatemsnt proceeding affecting (he uss of ths premises shall, st the option of the Lessor, be deemed a breach hereof. '/. MAINTENANCE, REPAIRS, ALTERATIONS; Lessee acknowledges that Ihs premises sre in good order and repair, unless othsrwisa indkated herein, Lessee shall, at his own expense and ai all times, maintain ths premises in goad and safe condition, Including plate glass, eleclrlcal wiring, plumbing and heating installations and sny olher system or equipment upon the premises and shaJI surrender the same, at termination hereof, Jn as goad condition as received, normal wear and tsar excepted, Lessee shall b'e respor) sihje for ALL repairs. which shsll be maintained by Lessor. Lessee shall also maintain In goad condition such portions adjacent to tha premises, such as sidewalks, driveways, lawns snd shrubbery, which would otherwise be required to be maintained by Lessor. No improvement or site ra lion of the premises shall be made wilh out the prior wriiten consent of the I easer, Prior to the commencement of any substantial repair, Improvement, or alteration, Lessee shall give Lessor st least two (2) days written notice in order that Lessor may post ap'proprlate noilces to avoid any liability fo'r liens. Lessee shall not colnmlt any waste upon the premises,'or any nuisance or act which may disturb the quiet enjoyrnsnt of any tenant In the bulfding. 6, ENTRY AND INSPECTION: Lessee shall permit Lessor or l.essor's agents tc enter upon the premises at reasonable times and upon reasonable notice, for the purpose ofinspecilng the same, snd wlll psnnit Lessor at any time whhln sixty fsg) days prior Io the expiration of Ibis lease, to place upon the premhes any usual "To Let" or "For Lease" signs, and permit persons desiring to lease the same to inspect the premises thereafter. g. INDEMNIFICATION OF LEBsOR. I.asser shall nol be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and I esses agrees to hold Lessor harmless fram any claims for damages, no rnatter how caused, 10. POSSEssiON; If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall thfs lease be void or voidable, but Lessee shall not be liable for any rent unlil possession ) the contents thereof, the living areas, including any common spaces. All actions conducted by any guests of the Sublessee are the responsibility and liability of the Sublessee. V. Security Deposit The Sublessor shall require a Security Deposit in the amount of ~6QO (US Dollars) that eitibe paid ttile beginning otto t rrn. Any damage or repairs needed at the end of the term due to the Sublessee shall be credited against the Security Deposit. Any reason for retaining a portion of the Security Deposit shall be explained in writing when returning the funds to the Sublessee. The funds shall be sent to the Sublessee within days after the Sublease has ended with the Subiessee vacating the Premises along with their possessions. Vi. lieve-In Checklist. At the time of taking possession of the premises by the Sublessee, the Subiessor and Sublessee: 0 shall fill-in a move-in checklist. 0 shall not fili-in a move-in checklist Vli. INastsr Lease. This Sublease must follow and is subject to the original lease agreement between the Sublessor and Landlord, a copy of which has been attached, and is hereby referred to and incorporated as if it were set out here at length. The Sublessee agrees to assume all of the obligations and responsibilities of the Sublessor under the original lease for the duration of the Sublease. VIII. Disputes. if a dispute arises during or after the term of this Sublease between the Sublessor and Sublessee, they shall agree to hold negotiations amongst themselves before any litigation, in case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in Page 2 af4 is delivered. Lessee may ierminats Ibis lease If possession is noi delivered uiithiri N/A days of the'commencement of ihe term hereof. Possession Is conifnuing under prior lease, 11. INSURANCE: Lessee, ai his expense, shall maintain plate glass snd publlo liability Insurance Including bodily injury and property damage insuring Lessee and Lessor with minimum coverage es follows; Minimum 82 million liability plus all contents. ~-& Lessor must be named as an additional Insured &- Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured, The Certificate shall provide for a thirty-day written notice to Lessor In the event of cancellation or material change of coverage. To the maximum extent permitted by Insurance policies which may be owned by Lessor or Lessee, Lessee snd Lessor, for the benefit of each other, waive any and all rfghis of subrogation which might otherwise exist, 12. UTJLITIES: Lessee agrees that he sliall be responsible for ihe payment of all utilities, Including water, gas, electricity, heat and other services delivered to the premises. [see also: Addendum A] 13. SiGNS; Lessor reserves the exclusive right to the roof, side and rear walls of the Premises. Lessee shall not construct any pr%cllng sign or awning without the prior written consent of Lessor which consent shall not bs unreasonably withheld. 14. ABANDCNIVIENT Op FREMtSEs; Lessee shall not vacaie or abandon ths premises ai any time during the term hereof, and If Lessee shall abandon or vacate the premises, or be dispossessed by process of faw, or othenvise, any personal property belonging to Lessee left upon the premises shall be deemed to be abandoned, at the option of Lessor. 18, CCNDEMNATION; lf any part of the premises shall be taken or condemned for publio use, and a pari thereof remains which is reasonably susceptible of occupation hereunder, this Jesse shall, as to the part taken, terminate as of the date the oon damn or acquires possession, and thereafter Lessee shall be required to pay'such proportion of the rent for the remaining term as the value of gie . premises remaining bears to the total value of the premises at the date of condemnation; provided however, that Lessor may at his option, terminate this lease as of the date the condemn or acquires possession, !n the event that the demised premises ere condemned in whole, or that such porgon ls condemned that the remainder is not susceptible for use hereunder, this lease shall terminate upon the date upon which ihe condemnor acquires possessfon, All sums which msy be payable on account of any condemnation shall belong to the Lessor, snd Lessee shall not be engtled to any part thereof, provided however, that Lessee shall be entliled to retain any amount awarded to him for his trade fixtures or moving expenses. 18, TRAM FIXTURES: Any and all improvements made io the premises during the term hereof shall belong to the Lessor, except trade fixtures of the Lessee. Lessee may, upon termination hereof, remove ag his trade fixtures, bui shall repair or pay for all repairs necessary for damages to the premises ocoasloned by removal. 17, DEBTRUCTICN OF PRBMISBSJ In the event of a pargel destruotion of the premises during fhe lerm hereof, frcm any cause, Lessor shall forthwith repair the same, provided that such repairs osn be made within 180 days under existing governmental laws and regulations, but such.partial destruclion shall not terminate ihls lease. If such repairs cannot ba made within said (180) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing ln effeot with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect io make such repairs which cannot be made within 180 days, this lease may be terminated at the option of either party. In the event that the building In which the demised premises may be situated Is destroyed to an extent of not less than one- thlrd of the replacement costs thereof, Lessor may eleot to terminate this lease whelher the demised premises be injured or noL A total destruction of the buildlrig in which the premises may be situated shall terminate this lease, In the event of any dispute between Lessor and Lessee with respect to the provisions hereof, the matter shall be settled by arbitration in such a manner as the parties may agree upon, or If they cannot agree, in accordance with Ihs rules of the American Arbitration Assooiation, 18, HAzARDOUS MATERIALS: Lessee shall not use, store, ordlspose of any hazardous substances upon the premises, except use and storage of such substances If they are customarily used In lessee's busfness, and such use and storage compiles wkh all environinantal laws, Hazardous substsnoes means any hazardous waste, substance or toxic materials regulated under any 'nvironmental laws or regulaifons applicable to tlie properly. 10. INSOLVENCY: In ths event s receiver is appointed to take over the business of Lessee, or in ihe event Lessee makes a general asslgnmsnt for the benefit of oredltors, or Lessee takes or suffers any action under any insolvency or bankruptcy aot, the same shall constitute breach of this lease by i.esses, 2{i. RENIEDIES OF OWNER ON DEFAULT: In the event of any breach of this lease by Lessee, Lessor may, at Itis option, terminate the lease and recover from Lessee; (a) the worth at the lime of award of the unpaid rent which was earned at the lime of termination; (b) the worth at the lime of award of the amount by which ihe unpaid rent which would have been earned after termination until the bms of the award exceeds the amount of sucii rental Joss tliai the Lessee proves could have been reasonably avoided; (c) the worth at the time of award of Ihe amount by which ihe unpaid rent for the balance of the term after the time'of award exceeds the amount of such rentai loss that Lessee proves could be reasonably avoided; and (d} any other amount necessary to bompensaie Lessor for all detriment proximately oaussd by Lessee's failure to perform hh obligations under the lease or which In the ordinary course of things would be likely to result therefrom. Lessor may, in the alternagve, continue this lease in effect, as long as Lessor does not teimlnate Lessee's right to possession, and Lessor may enforce ag his dghts end remedies under the lease, Including the right to recover ihs rent as it becomes due under the Jesse, If said breaoh of lease conlindes, Lessor may. ai any time thereaiter, elsot to lennlnate Ihe Jesse. Nothing oontained herein shall be deemed to limit any other rights or rsniedies which I.essor may have. 21, SEcURITY: The security deposit set forlh above, if any, shall secure the performance cf the Lessee's obligations hereunder, Lessor may, but.shall not be obligated to apply all or portions of said deposk on account of Lessee's obligations hereunder. Any balance remaining upon termination shall bs returned to Lessee, Lessee shall not have the right to apply the Security Deposit in paymeni of ihe last month's rent. 22. DEPOSIT REFUNDS: The bahnos of all deposits shall be refunded within two weeks from date possession Is ifeliversd to owner or his authorized Agent, together with a statement showing any oharges made against such deposlis by Owner. 23. ATTORNEY'S FEES: ln case suit should be brought for recovery of the prernisea, or for any sum due hereunder, or because of any act which may arise out of the possession of the premfses, by either party the prevailing party shall be entitled to all costs Incurred in connection with such action, Including a reasonable attorney's fee. Venue for any hearing shall be Santa Clara county, CA. 24. WAIVER: tvo failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 28. NOTICES: Any notice which either party may or Is required to give, sha'8 be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address shown below, or al such other phcas ss may be designated by the parties from time to time. 28. HDL DING ovERt Any holding over eksr the expiration of this lease, with the consent of Lessor, shall be construed as a month- to-month tenancy al a rental of 3~800.00 psr month, otherwise in acoordance with the terms hereof, as applloabfe, 27, TIMEi Time Is of the essence of this lease. 28. HEIRS, ASSIGNS, SUCCEsSORS: This lease Is binding upon and inures to the benefii of the heirs, assfgns and successors In interest to the partlss. 29. TAX INOREASE: In the event there Is any inorease durinfi any year of the term of this lease In the City, Couniy or Stats real estate taxes aver and above the amount of suoh taxes assessed for the Iax year during whldh ths term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal io 100 lc of the increase In taxes upon lhe land and building in which tire feased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation cf Lessee shall be proportionate to the portion of the lease term inoludsd In such year. 30. DOST OF t.lVING INcREASE: Ths rent provided for in paragraph 2 shall be adjusted effective upon the llrst day of the month dll*lffll lgtl *Pl tt t' ll I dt f I fit t d p Ih pl h - Ih h lt I ~ gh h g I Ih*gg.C PI I d Allllh C tlghg8 =I dl heretnatter called tire PCPI," The monthly rent shall be increased to an amount equal to the monthly rent set forth ln paragraph 2 multiplied by a fraolion the numerator of vihlch is the Cpl for the second calendar month immediately preceding the adjustment date 'and ihe denominator of wh(ch ls the Cpl for tha 2fe calendar month preceding Ihs commencement of ths lease term. provided, however, in no event shall the monthly rent be lees than the amount set forth ln para. 2. 31. CpTION TO RENEVII'i provided thai Lessee'» not in default In lhe performance of this lease, Lessee shall have the option to renew the lease for an addiilonal term of 24 mob,. esa addendum CAC months commencing at the expiration of the inillal lease term, All of the terms and oondigons of lhe lease shall apply dur)ng the renevial term except that ihe monthly rent shell bs the sum of 8 which s hall be adjusted In accordance with the cost of living increase provision set forth in paragraph 30. The option shall be exercised by written notioe given lo Lessor not fess Ihan 60 days prior to the expiration ofihe initial lease term. If notice is not given In the manner provided herein within the time specified, this option shall expire, 32, LESSOR'8 LIABILITY: The term "Lessor as used in this paragraph, shall mean only the owner of the real property or a Lessee's Interest In a ground lease of the premises. In the event of any transfer of such title or interest, the Lessor named herein (or the grantor in case of any subsequent transfers) shall be relieved of all liability related to Lessor's obligations to be performed slier such transfer.. Provided, however, that any funds ln Ihe hands of Lessor or Grantor ai the time of such transfer shall be delivered to Grantee, Lessor's aforesaid obggatlons shall bs binding upon Lessor'e successors and assigns on/y during their respective periods of ownership, 33, ESTOPPEL CERTIFICATi'a) Lessee shall at any time upon not lees than tsn (1 0) days'rtor written notice from l,essor execute, acknowledge snd deliver fo Lessor a statement iii writing (1) certifying that this Lease is unmodMsd and In full foroe end effect (or, If modified, stating the nature of such modification and certifying that this Lease, as'so modified, Is In full force and sffsoi), the amount of any security deposit, and the date to which the rent and other charges are paid in advance, If any, and (2) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor hereunder, or speoifylng such defaults if any srs clafmed. Any such statemeni may be conolusively retied upon by any prospeotive purchaser or encumbrancer to the Premlsea. (b) At Lessor'ption, Lessee's failure to deliver such statemeni vrithin such limo shall be a material breach of Ibis Lease or shall be conclusive upon Lessee (1) that this Lease Is In full foroe and effect, without modifioallon except as may be represented by Lessor, (2) that there are no uncured defaults In lessor'e performance, and (3) thai not mors than one month's rent has been paid in advance or suoh failure may be considered by Lessor as a default by Lessee under this Lease, (c) lf Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such 1lnanoial statements of Lessee as may be reasonably required by such lender or purchaser. such stsiemenld shall include the past three years'inancial statements of,Lessee. AII such financial statements shall be received by Lessor and suoh lender or purchaser In confidence and shall be used only for the purposes herein set forth, 34, coMMON AREA EXpENSES: in the event the demised premises are situated in a shopping center or In a commercial building in which there are common areas, Lessee agrees to pay his pro-rats share of maintenance, taxes, and insurance for the cominon area. 38. ADDENDUM: An addendum, signed by the parties, Ajels attached, u ls not attached hereto. see attached addendum cA". 86. ENTIRE AGREEllilENT: The foregoing consgtutes the entire agreement between Ihe parties and maybe modified only by a writing signed by both parties, The following Exhibits, if any, have been made a part of this lease before the parties'xecution hereof, The undersigned Lessee hereby acknow/edge receipt of a copy hereof, DATED: Lessee MAfeUEL MORENO PRODUCE and/or MAh/UEL MORE/40 ALVAREZ i f76 Momus St, Apii Sents Clara, CA 96060 408-692-8833 CELL emalli NSre/t08/arodttge t 4+9)gma ll.e(im The undersigned Lessor hereby acknowledges receipt of a copy hereof. DATED: Lessor Steven McFarlend, Owner, "MoFarland-Gregerson" 6283 High Meadow Court San Jose, CA 96i36 406/309.2729 cell 408 9044869 fax Emalh fraudpro@sot,corn The undersigned I esses hereby acknow/edge receipt of a copy hereof. DATED.'ANUEL MQRENO PRODUCE and/or MANUEL MORENO ALYAREZ 1770 Monroe St, Apt1 Santa Clara, CA 85050 408-692-8833 CELL smell: tttoronospyotIuce'I 5Qagmaf /scorn The undersigned Lessor hereby acknowledges receipt of a copy hereof, Steven McFarland, Owner, "McFartand-Gregerscn" 0283 High Meadow Court San Jose, CA 96135 406/309.2729 cali 406 9044869 fax Email: fraudproeaol.corn EXHIBIT BI This is an agreement to sublet real property (hereinafter known as the "Sublease") between Ilitoreno Produce (hereinafter known as the "Sublessor") and NICOLE L. PRAHBSEebi (hereinafter known as the "Sublessee"). The Sublessor agrees to sublet, and the Sublessee agrees to fake possession of the property located at.'098 South 8'" Streel, San Jose, CA 96112, Front Offices Oniy. (hereinafter known as the "Premises") under the following terms andcoditions,'. Term, Tenancy of this Sublease shall begin with the Sublessee taking possession on the 1ST day of AOSUST , 20 IS and ending on the 31ST day of JULY circumstances shall there be holdover by the Sublessee. 20 20 . Under no IL Rent, The rent under this Sublease shall be 8 2,000 (US Dollars) payable on the first day of every Month. The rent shall be paid in the following manner: CA8HICHECK . Ifanyrents received by Sublessor exceed the rental equivalent or square footage amount Sublessor pays to Landlord under the Master Lease, Sublessor shall remit 60'/a of the collected amounts to Landlord on a monthiy basis. ill. Utilities. The Sublessor agrees to pay for the following utilities: ELETRIC 8 All other utilities shall be the responsibility and expense of the Sublessee. IV, Liability, Sublessee agrees to surrender and deliver to the Sublessor the premises including ail furniture and decorations within the 'premises in the same condition as they were at the beginning of the term with reasonable wear and tear accepted. The Sublessee will be liable to the Sublessor for any damages occurring to the premises, page t or4 connection with such action, including a reasonable attorney's fee. Venue for any hearing shall be Santa Clara County, CA X. Written Agreement. This Sublease constitutes the sole agreement between the Sublessor and Sublessee with no additions, deletions, or modificationa that may be accomplished without the written consent of both parties (ANY ORAL REPRESENTATIONS MADE AT THE TIME OF EXECUTING THIS LEASE ARE NOT LEGALLY VALID AND, THEREFORE, ARE NOT BINDING UPON EITHER PARTY).. Xl. Language. The words "Sublessor" and "Sublessee" as used herein include the plural as well as the singular; the language in this Sublease intends no regard for gender. Xil. Original Copies. Each signatory to this Sublease acknowledges receipt of an executed copy thereof. Xlll. Governing Law. This Sublease shall be bound to the laws in the State of California. XIV. ORDINANCES AND STATUTES: Sublessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by I essee, The commencement or pendency of any state or federal court abatement proceeding affecting the use of the premises shall, at the option of the Lessor, be deemed a breach hereof, XV. INSURANCEf Sublessee, at his expense, shall maintain plate glass and public liability insurance including bodily injury and properly damage insuring Lessee and Lessor with minimum coverage as follows: . Minimum $2 million IiabiTity plus all . contents, Landlord must be named as an additional insured. Page 3 of 4 Lessee shall provide Lessor with a Certificate of Insurance showing Landlord as additional insured, XVI. INDEMNIFICAT! ON OF LANDLORD: Landlord shall not be liable for any damage or injury to Sublessor or Sublessee, or any other person, or to any property, occurring on the demised piemises or any part thereof, and Sublessor and Sublessee agrees to .hold Landlord harmless from any claims for damages, ne matter how oaused. XVII. Date 8, Signature, The parties hereby bind themselves to this agreement with their authorization affixed below on the day of Sublessor's Signatur Print EA~/~ 4 Sublessee's Signature .,;.'k 6rWlbn Co-Sublessee's Signature Print DBte~Zdl- ,...~gd (~& Date Landlord's Consent I hereby give my consent to subletting of the above-described premises as set out in this sublease agreem Landlord's Signatur Steven fv1cFariand+M /~ wX Date p 1(' ~ r ORIGINAL LEASE ATTACHED (INITIAL) k,k kt'a Vrc 6@lrls-i( C Mg -~y~~~ d P~(g&r'age 4 of 4 TMENT bi))G)DEHT CERO'g)jgllsli ITSEsp'I li) :8 , opbisnjn ZCASEiNUMEER,'t .TVPESFC)NCIDEniT; QFPCICRR(BADGE6(u 'DEPAR, st sa Jmq GA!051510AN JDSE POL'ICE ei supptlriSsrv)fb )o!YisfonMRscqnts unit,.ygib EMissfon 3 &:;:-:-'=::. "'" '"""'-':-'.-'RATZE":-'. 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Dame lg linea ds.ql 6'durant'e 6! p'tjjMgso'dii,'(886pemdot 'eiqpqpdp compsn"' ' "jdgnp'g(ONodm P,, A hiduaifp 1VMrmradp)M!corrdrdnb an Jdiro nt'0 am')uSI 6 pgm qii'eslin 6} ji o qji'Y la8'emofrSN"e ridVS porn clvnnpartmorgo d Poi(R lqPSCMefllld 200.4564teuu(2/1 8 "- "' "'" '"'-"': 'nn'-.-:.C'd u C'qlcNIE}(CP)poLICE STATE OF CALIFORNIA - COUNTY OF SANTA CLARA, SW NO. SEARCH WARRANT THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY PEACE OFFICER IN THE COUNTY OF SANTA CLARA: Proof by affidavit and under penalty of perjury having been sworn to this day by SAN JOSE POLICE OFFICER CHRISTINA JIZE, that there is probable cause for believing that the property and/or person(s) described below may be found at the location(s) set forth below and is lawfully seizabie pursuant to Penal Code Section 1524 as indicated below by "X"(s) in that it: was stolen or embezzled X was used as the means of committing a felony X is possessed by a person with the intent to use it as means of committing a public offense or is possessed by another to whom he or she may have delivered it for the purpose of concealing it or preventing its discovery X tends to show that a felony has been committed or that a particular person has committed a felony tends to show that sexual exploitation of a child, in violation of Penal Code Section 311.3, or possession of matter depicting sexual conduct of a person under the age of 18 years, in violation of Section 311,11, has occurred or is occurring there is a warrant to arrest the person, a provider of electronic communication service or remote computing service has records or evidence, as specified in California Penal Code l)1524,3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of any person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their discovery. the property or things to be seized include an item or any evidence that tends to show a violation of California Labor Code 53700.5, or tends to show that a particular person has violated California Labor Code ()3700,5. YOU ARE THEREFORE COMMANDED TO SEARCH: A PREMISES DESCRIBED AS; 1098 SOUTH 6e STREET, SAN JOSE, SANTA CLARA COUNTY, CALIFORNIA, a two-story commercial structure. The commercial structure is located on the north east corner of South 6a Street at Keyes Street. The commercial structure is approximately 30 feet from the east curbline of South 6'" Street, which runs in a north/south direction, The nearest cross-street is Keyes Street, which runs in an east/west direction. The southern side of the commercial structure faces Keyes Street. The commercial structure has a tan stucco exterior on the west side of the building, and a tan metal exterior on the north and south side of the building. The commercial structure has a green and blue trim, and a blue canopy extending out approximately ten feet from the front door. On the front of the blue canopy are the numbers "1098" in white. The front door of the commercial structure faces South 6a Street, with a tan walkway approximately ten feet long leading from the sidewalk of South 6w Street to the front door, The front door is glass with a silver metal frame and silver handle. Directly south of the front door is a black rectangular metal mail box affixed to the building. The commercial structure has four windows on tlte first floor on the west side of the building, two north of the front door, and two south of the front door. Each window is approximately three to four feet tall, and approximately two feet wide, and have tan metal gnds across the window panes. The commercial structure has five windows on the second floor on the west side of the building. Each window is approximately four to five feet tall, and approximately two feet wide. Above the second floor windows is a large sign approximately five feet tall and approximately fifteen feet wide. The sign has a 'tan background with white trim and reads, "Green Diamond Synthetic Turf'n green lettenng. AND the attachments and appurtenances thereto, including the surrounding grounds, associated vehicles, trailers, campers, mailboxes, safes, and trash containers assigned to the above-described premises; and all containers therein and thereon which could contain any of the items sought. AND THE PERSON OF, Nicole Lynne Frandsen (with a date of birth of August 16, 1969, and a California Driver' License of A2497697, a Santa Clara County Personal File Number of CPZ146, and a listed Social Security Number of 547-87-4260) being described as a white female approximately 5 feet 5 inches tall, weighing approximately 180 pounds, and having blonde hair and green eyes; AND A VEHICLE described as a 1996 white colored Ford Ranger, bearing the California License Plate 6P06106 with a corresponding unique Vehicle Identification Number of 1FTCR14U4TPA59943, wherever it may be found in the County of Santa Clara; AND A VEHICLE described as a 1971 silver colored Buick, bearing the California License Plate 568CNH with a oorresponding unique Vehicle Identification Number of 484371H443328, wherever it may be found in the County of Santa Clara; FOR THE FOLLOWING PROPERTY/PERSON: 1. Methamphetamine; 2. Heroin; 3. Scales suitable for weighing quantities of methamphetamine and heroin; 4. Plastic wrap, bindles and baggies, straws, balloons, and similar packaging materials for methamphetamine and heroin; 5. Ledgers and records of transactions tending to document furnishing of methamphetamine and heroin including, but not limited to: buyers'ists, sellers'ists, financial journals, bank account books, and papers bearing notations of stolen items and property with names and/or amounts of money whether in paper or digital form; 6. Money, negotiable instruments, securities and other items of value which are forfeitable under Health & Safety Code r311470 and )11488; 7, Items which identify negotiable instruments, securities and other items of value, or reveal these items'ocations, which are forfeitable under Health & Safety Code 511470 and 511488; 8, Security, communications and counter surveillance equipment including video cameras and monitors, radio scanners, reasonably believed to contain evidence of the crimes being investigated herein, in order to obtain additional search warrant(s) pursuant to Senate Bill 178. 9, Articles of personal property tending to establish the identity of persons in control of the above- described premises and vehicle(s) where property and evidence sought under this search warrant may be found, including by way of example, but not limitation: utility company receipts, rent receipts, canceled mail envelopes, photographs, bills, keys, personal identification documents, vehicle ownership and/or registration documents, vehicle insurance papers and gasoline purchase receipts; 10. Financial records including bank account statements, cancelled checks, safe deposit box records, payroll stubs, income records, including disability and unemployment records, tax returns, insurance receipts, certificates of ownership, money order receipts, credit card statements and records, rent receipts, loan and mortgage documents, budget records, bills, and storage location receipts that tend to show residency and/or standing; 11. To collect any laptops, personal computers, iPads, iPods, portable hard-drives, and/or Notebooks reasonably believed to contain evidence of crimes being investigated as described herein, in order to obtain search warrants pursuant to Senate Bill 178; 12. Any and all firearms, firearm parts, and ammunition; 13. Safes, storage compartments and safe deposit boxes; 14. To collect any cellular telephone(s), as well as any data storage devices and or mediums attached to those cellular telephones, such as subscriber information modules [SIM cards], reasonably believed to contain evidence of the crimes being investigated herein, in order to obtain additional search warrant(s) pursuant to Senate Bill 178. And if you find the same or any part thereof, to hold such property in your possession under California Penal Code Section 1536 or, in the alternative, to institute Federal or State asset forfeiture proceedings against any and all assets seized during the execution of this search warrant and believed to be derived from narcotic trafficking activity. AND TO SEIZE IT/THEM IF FOUND and bring it/them forthwith before me, or this court, at the courthouse of this court and to hold such property in your possession under California penal Code I)1536 or, in the alternative, to institute Federal or State asset forfeiture proceedings against any and afi assets seized during the execution of this search warrant and believed to be derived from narcotic trafficking activity. Order for Disposition of Evidence IT IS HEREBY ORDERED that upon adjudication of the cases against all defendants in this action, including the resolution of any and all appeals, or with the written concurrence of the Santa Clara County District Attorney's Office, the property be disposed of in accordance with the procedures set forth in California Penal Code gg1407 to 1422, without the necessity of a further Court Order issued pursuant to California Penal Code () I 536. Order for Niuht Service IT IS HEREBY ORDERED that upon the application of Officer Christina Jize ¹4324, and good cause having been demonstrated in the affidavit herein, the officers who execute this warrant are authonzed to serve this warrant at any hour of the day or night. Order for No Knock Entrv IT IS HEREBY ORDERED that upon the application of Officer Christina Jize ¹4324, and good cause having been demonstrated in the affidavit herein, the officers who execute this warrant are authorized to make a forcible entry without giving notice unless a change in circumstances negates the need for non-compliance, Based on the incorporated Affidavit, I find probable cause for the ifreegnce of this Search Warrant and do issue it on this date a0w"ee's ,20'~ at n» HOBBS SEALING REQUESTED: NIGHT SERVICE REQUESTED; NO-KNOCK ENTRY REQUESTED IXIYES EYES EIYES NO NO NO [Signature of Magistrate] Judge of the Superior Court, County of Santa Clara .« I DATE I !III. I I TADDRESS : t 'i,i 0 SEARCH WARRANT RETURN/RECEIPT SAN JOSE POLICE DEPARTMENT TINS I J 'I" CNCU NC. !if! j' WARRANT NO, UNIT ~it t ',. I» j»U i EXT. DESCRIPTION LOCATION ,i,j, Ii (I »IN" fj jjj; I I ..i I iJ ; jl,; I Ij'! I,II-I.I' N! I, /ijjtU! t I 'I, !4! 1 IK! "i! I,.I f,it I .I II!/j I I,*i!i, j'i: j j»jjj 'I jjo ajtj Q'» V!!,,» WIIITE - COURT PINK - CASF. FII.F. CANARY - PREMISE Page~ of i 202-53 11/05