DeclarationCal. Super. - 6th Dist.April 1, 2021CLAPP, MORONEY, VUClNICH, BEEMAN+SCHELEY 5860 OWENS DRIVE SUITE 410 PLEASANTON, CALIFORNIA 94588 KOOOQQUI-PUJNr-t NNNNNNNNNHHHHHHHHHH OOQQM-PWNHOKOOOQQM-PWNHO 21 CV378983 Santa Clara - Civil Christopher J. Beeman: SBN 121 194 Ashley N. Meyers: SBN 274072 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, California 94588 Telephone: (925) 734-0990 Facmmile: (925) 734-0888 Attorney for Defendants HOMEFIRST SERVICES OF SANTA CLARA COUNTY (erroneously sued herein as HomeFirst), ANDREA URTON, BEATRIZ RAMOS (erroneously sued herein as Beatric Ramos), JANELY VELEZ and SANI MOHA Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/22/2021 3:04 PM Reviewed By: R. Nguyen Case #21 CV378983 Envelope: 6297805 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA R. Ng EDWARD CHARLES JENKINS, Plaintiff, HOMEFIRST; Chief Executive Officer ANDREA URTON; DIRECTOR BEATRICE RAMOS; JANELY VELEZ; SANI MOHA; individually and officially, Defendants. Case No.2 21CV378983 DECLARATION OF ASHLEY N. MEYERS IN SUPPORT OF DEFENDANTS EX PARTE APPLICATION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT AND REQUIRE PLAINTIFF TO FURNISH SECURITY PURSUANT TO CCP SECTION 391.1 OR IN THE ALTERNATIVE FOR AN ORDER SHORTENING TIME ON A MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT Date: April 26, 2021 Time: 8:15 a.m. Dept: Trial Date: None set I , ASHLEY N. MEYERS, d0 hereby declare and say as follows: 1. I am an attorney at law duly licensed t0 practice before all courts in the State 0f California, and am an associate at the firm 0f Clapp, Moroney, Vucinich, Beeman + Scheley, attorneys 0f record in the above-entitled action for Defendants. 2. Imake this declaration in support 0fDefendants’ EX Parte Motion To Declare Plaintiff A Vexatious Litigant And Require Plaintiff T0 Furnish Security Pursuant T0 CCP Section 391.1 0r in the alternative for an order shortening time for the same motion. This declaration is based 0n my DECLARATION OF ASHLEY N. MEYERS uyen CLAPP, MORONEY, VUClNICH, BEEMAN+SCHELEY 5860 OWENS DRIVE SUITE 410 PLEASANTON, CALIFORNIA 94588 KOOOQQUI-PUJNr-t NNNNNNNNNHHHHHHHHHH OOQQM-PWNHOKOOOQQM-PWNHO personal knowledge, except where stated as based upon information and belief. 3. HomeFirst Services 0f Santa Clara County is a Non-Profit Santa Clara County provider ofprograms and services t0 assist homeless individuals in the county. The individual defendants named in this suit are administrators and employees 0f the agency. 4. On April 1, 2021 Plaintiff, Edward Charles Jenkins filed this action against HomeFirst Services 0f Santa Clara County and it’s administrators and employees in pro per related t0 an eviction. Attached hereto as Exhibit A is a true and correct copy 0f that Complaint. 5. On April 8, 2021 Plaintiff, Edward Charles Jenkins, filed a separate actions allegedly against the landlord Whom he alleges evicted him, Jenkins v. Steven Lawlor (21- CV-379280). Attached hereto as Exhibit B is a true and correct copy 0f that Complaint. 6. Following service 0f the Complaint upon HomeFirst Services 0f Santa Clara County, counsel was retained and it was discovered that the Plaintiff, Edward Charles Jenkins, has a significant history 0f filing suits Which are dismissed for his failure t0 prosecute. These cases include civil unlimited cases, civil harassment and small claims. After a review 0fthese cases, counsel concluded that he met the statutory requirement t0 be declared a vexatious litigant at the time he filed the present action. 7. On December 29, 2014 Plaintifffiled E. Jenkins v. Michael O ’Flannigan (2014- 1-CV-27501 1). On January 22, 2016 the complaint was dismissed Without prejudice due t0 Plaintiff’s failure t0 appear. Attached hereto as Exhibit C is a true and correct copy 0f the County 0f Santa Clara Register 0f Action and Minute Order. 4. On December 29, 2014 Plaintiff filed E. Jenkins v. Michelle Floyd (2014- 1 -CV- 275009). On September 14, 2015, the complaint was dismissed Without prejudice following an Order t0 Show Cause Hearing. Attached hereto as Exhibit D is a true and correct copy 0f the County 0f Santa Clara Register 0f Action. 5. On September 29, 2015 Plaintiff filed E. Jenkins v. M Floyd (2015-LCV- 286285). On April 28, 2016, the complaint was dismissed Without prejudice due t0 failure t0 appear at an Order t0 Show Cause Hearing. Attached hereto as Exhibit E is a true and correct 2 DECLARATION OF ASHLEY N. MEYERS CLAPP, MORONEY, VUClNICH, BEEMAN+SCHELEY 5860 OWENS DRIVE SUITE 410 PLEASANTON, CALIFORNIA 94588 KOOOQQUI-PUJNr-t NNNNNNNNNHHHHHHHHHH OOQQM-PWNHOKOOOflQm-PWNHO copy 0f the County 0f Santa Clara Register 0f Action and the Minute Order. 6. On October 17, 2016, Plaintiff filed Street Snacks Inc. et. al. v. James Curtis, et. al. (16CV301 128). On July 15, 2019, the complaint was dismissed Without prejudice due t0 failure t0 appear and failure t0 serve. Attached hereto as Exhibit F is a true and correct copy 0f the County 0f Santa Clara Register 0f Action and Order 0f Dismissal. 7. On October 25, 2016, Plaintiff filed Edward Jenkins v. Edward Howard (16CV301642). The court’s minute order 0n February 21, 2017 set an Order t0 Show Cause for Failure t0 Appear. Attached hereto as Exhibit G is a true and correct copy 0f the County 0f Santa Clara Register 0f Action and Minute Order. 8. Defendants have complied With California Rules 0f Court, rules 3.1203 and 3. 1204 regarding notice 0f ex parte proceedings by notifying Plaintiff Via phone that this ex parte application was going t0 be heard at 8: 15 a.m. in the assigned Department 0n April 26, 202 1. We had spoken With him by phone previously and confirmed that he did not have an email address. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct and that if called t0 testify, I could and would testify thereto. Signed this 22nd day 0f April, 2021 in Pleasanton, California. Wfl" Ashley N. Meyers 3 DECLARATION OF ASHLEY N. MEYERS Exhibit A SUM-1 00 SUMMONS (sagamusgousgerzzm 1 - , , (CITACIQQLJUDIQIAVL;(,WmmgeqA -Sm; gt ; "i“7- v- m. - r- -...\.’ i, “gm APR 01 2021Wg; 69%;»w»_ M; n“ ‘ > A ‘! Clerk of the Court YOU ARE BEING SUED BY PLAINTIFF: (Lo ESTA' DEMANDANDO EL Di INDANT : n Superior Court or CA Count or Santa czara lggwwflvfiE-aWBBY-XLLHAXLELDEPUTY NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copyserved on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case.'.There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and propertymay be taken without further warning from the court. There are other legal requirements. You may want to call an aflomey right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court‘s lien must be paid before the court will dismiss the case. iA VISO! Lo han demandado. Si no responds dentro de 30 dI’as, la corte puede decidir en su contra sin escuchar su versién. Lea Ia informacio’n a continuacién. Tiene 30 0/348 DE CALENDARIO después de que le entreguen esta citacio’n y papeles Iegales para presenter una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una l/amada telefénica no lo protegen. Su respuesta por escrito tiene que estaren formato legal correcto si desea que procesen su caso en Ia cone. Es posible que haya un formulario que ustedpueda usar para su respuesta.Puede encontrar estos formularios de la cone y ma’s informacio’n en el Centro de Ayuda de las Cortes de California (Www.sucortecagov), en la biblioteca de [eyes de su condado o en la corte que le quede ma’s cerca. Si no puede pagar Ia cuota de presentacidn, pida al secretario de la con‘e que Ie dé un formulario de exencidn de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso porincumplimiento y la con‘e lepodra’ quitar su sueldo, dinero y bienes sin ma’s advertencia. Hay otros requisites Iegales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisidn a abogados. Si no puede pagar a un abogado, es posib/e que cumpla con Ios requisites para obtener servicios lega/es gratuitos de un programa de servicios Iega/es sin fines de lucro. Puede encontrar estos grupos sin fines de Iucro en el sitio web de California Legal Services, Mwaawhelpcalifornia.org), en el Centro de Ayuda de Ias Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con Ia cone o eI colegio de abogados locales. AVISO: Par Iey, la corte tiene derecho a reclamar las cuotas y Ios costos exentos por imponer un gravamen sobre cualquier recuperacio’n de $10,000 é ma’s de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene quepagar el gravamen de Ia corte antes de que Ia cofle pueda desechar el caso. Th na d dd fth rt' : mg) ' ~ Cm“; "r CA§ENUMBER: (Elenomrgfea;difec&eo’:scfe mags: elsj: g“ figmbg __ Kfmw mum“ Ifwc V 3 7 89 8 3 r24 ', a rs: awe?5H N079 599‘) 3556 (meFain)fl LlBfiékgéWfiggxifiifibcsThe name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, lg: 564%: <2gfifigtfi(El nombre, la direccién y eI ndmero de te/éfono del abogado de/ demandante, o de/ demandante que no 1e e aéogadogs). LHD‘a >L)51 -$5 Lt '7 DATE: / Clerk, b EZ. , Deputy (Fecha) APR 0 1 2021 (Secretayrio) Y CHAV (Adjunto) {For proof ofservice bf this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatidn use el formulario Proof of Service of Summons, (POS-010)). NOTICE T0 THE PERSON SERVED: You are served[SEAL] 1. E ,as an individual defendant. 2.E as the person sued under the fictitious name of (specify): 3. E on behalf of (specify): under:E CCP 416.10 (corporation) E CCP 41 6.60 (minor)E CCP 416.20 (defunct corporation) D CCP 416.70 (conservatee)E CCP 41 6.40 (association or partnership)a CCP 416.90 (authorized person)E other (specify): 4. E by personal delivery on (date): P3911 of 1 F°ztdtzfispezmzmigzmzz:89 SUMMONS CEB prmismsggiSUM-1oo [Hev. July 1. 2009] www ceb com ATI'ORNEY OH PARTY WITHOUT ATTORNEY (Name, State Bar number. and address): Egmé§amagsjamims H6: 5w?QWQQ ‘ p fl a e d E3333 “Vi, FHA- ke 6W3 ughremsfi E a fl u ., TELEPHO‘N‘E No:KHEgbl'tfi) 'g3 Ll ‘7 FAX No‘ (Optional):NW5 EATTORNEY Fon (Name); m amm F E L .SUPERIOR COURT OF CALIFORNIA, COUNTY OFV - . STREET ADDRESS: \a‘\Hm ¥§y5~gW CamQfl APR O ’I 2021 673Llrliiinsiiiiémm\m‘fi’mg ‘9 \ a‘sn3 Cierk of the Court BRANCH NAME: Cf)V3 \ I K V BYSuperio‘r Court of CA Counz of SantSECELEY CASE NAME; 'EDWQQ‘D Cs‘i‘fiikfi5J&wn 3 V a '-w a E’r 1Y§\ ceia AL C'V'L CASE COVER SHEET Complex Case Designation CASE NUMBER:m Unlimited D Limited D Counter E Joinde' 2 1 C V 3 '7 89 8 3 FOR COURT USE ONL Y (Amount (Amount . Filed with first appearance by defendant JUDGE:demanded demanded ls (Cal Rules of Court rule 3 402)exceeds $25,000) $25,000) ' ' ' DEPT.: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil LitigationE Auto (22) E: Breach of contract/warranty (06) (caI- Ru'es 0f c°""' '“les 3'400‘3'403)E Uninsured motorist (46) E Rule 3.740 collections (09) E Antitruswrade regu'ation (03) Other Pl/PDNVD (Personal lnjury/Property E Otherconecfions (09) E Construction defect (10)DamageIWrongful Death) Tort E Insurance coverage (18) D Mass tort (4o) A b 04 ' ‘ ' ' 'E s esto§( H) E Other contract (37) E Securities Imgatlon (28)E PrquCtl'ab"'W (2.4) Real Property E Environmental/Toxic tort (30)E Medical malpractice (45) E Eminent domain/lnverse E Insurance coverage claims arising from theE Other PVPD/WD (23) condemnation (1 4) gzzvsegfitfd prowstonally complex case Non-PUPD/WD (Other) T0” E wrong“ eViCtiO" (33) Enforcement of Judgmentg Business tort/unfair business practice (O7) E Other real PTOPel‘tY (26) E Enforcement of judgment (20)| u . . u ‘ C'V” Tights (08) unlawml Deta'n'er Miscellaneous Civil Complaint V [j Defamation (13) E C°mme'°'a' (31) E Rico (27). . 'E FraUd (15) D Res'dem'a (32) D Othercomplaint (notspecifiedabove}(42)E '“tel'ecma' PVOPenY (19) 9 _ [329398) Miscellaneous Civil PetitionE Professional negligence (25) u 'c'a eV'ew . . Partnershl and cor crate overnance 21E Other non-PI/PD/wo tort (35) E Asset forfe'ture (05) E l? p U g ( ) Employment E Petition re: arbitration award (1 1) D Other pet't'on (”OtsPec’f’ed above) (43)E Wrongful termination (36) E W”? 0f mandate (02)E Other employment (15) a Otherjudicial review (39) 2. This caseE is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. E Large number of separately represented parties d. E Large number of witnesses b. E Extensive motion practice raising difficult or novel e. E Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal c. [j Substantial amount of documentary evidence court f. E Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply):a.m monetary b.D nonmonetary; declaratory or injunctive relief c. E punitive4. Number of causes of action (specify): ”(mm 5. This caseE is [Q is not aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use rm Date: 5‘ D 1 %f ;i”x ‘ ’ \4 fl - > ’ (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTV owefioflawon PARTY) NOTICE 0 Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. 0 File this cover sheet in addition to any cover sheet required by local court rule. If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes orgly. 1 {2age o Form Adopted for Mandatory USE CIVIL CASE COVER SHEET CaL Rules Of Court, rules 2‘30, 3.220, 3400-3403, 3.740;Judicial Council of California Cat. Standards of Judicial Administration. std. 3‘10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. lf you are filing a first paper (for example, a complaint) in a civil case, you must CM-01 0 complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile v statistibs aboug ghe type§ and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must checkone box for the case type that best describes the case. check the more specific one. If the case has multiple ca To assist you in completing the sheet, examples of the If the case fits both a general and a more specific type of case listed in item 1, uses of action, check the box that best indicates the primary cause of action. cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of COUI’T. To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorne property, services, or money was acquired on credit. A collections case does not include a damages, (2) punitive damages, (3) recovery of reaI property, (4) attachment. The identification of a case as a rule 3.740 collection y's fees, arising from a transaction in which n action seeking the following: (1) tort recovery of personal property, or (5) a prejudgment writ of s case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycompleting the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant ma plaintiff's designation, a counter-designation that the case is not complex, or, if the p the case is complex. Auto Tort Auto (22)-Personal Injury/Property DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PllPD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (o4) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDNVD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other Pl/PDNVD Non-PIIPDIWD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-01O [Rev. July 1, 2007] ;. ’ man? p .ly'acy, please pigs . _-,a...‘ the Clam“ CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContracVWarranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty . Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) ( 1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenam‘, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissuoner Appeals CIVIL CASE COVER SHEET y file and serve no later than the time of its first appearance a joinder in the laintiff has made no designation, a designation that Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims involving Mass Tort (40) Securities Litigation (28) Environmentalfl'oxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscelianeous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-torVnon-complex) Other Civil Complaint ~-----~-(nen-ter/fien-eemplex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 01 2 l_....’.".’fil- ..- PLD-Pl-001Afiog OR PARTYSTHOUT ATTORNEY (Name State Bar number, and address) FOR COURT USE ONLY‘ Cfi-V‘Rflfifi 3"me 3 Hbm SWBQEM VC§B sgvg eekb jfiniSBég‘CMSi‘NhSn 4,5 uab TELEPHONE NoLL)t8) LTD‘I 8314 q FAX No. (Optional): 9&0“ E 1 d av u {a e dE-MAIL ADDRESS (Optional): o ATTORNEY FOR (Name):mpm QEQ SUPERIOR COURT OF CALIFORNIA, COUNTY 0F 6mg C%flfl9 M E L ESTREET ADDRESS: \en k‘bvm F3??? MAILING ADDRESS jmg \Cej‘bfix‘vm’gb‘gaFa (15 n 3 APR 0 1 2821CITY AND ZIP CODE: BRANCH NAME é)VJK ‘ Cfefk 0? the COW"? PLAINTIFFWQD @HfiQLEQ :{ENWN 6 yg, WV CC‘Lmezty or SamaECELSaTYHMFW‘F’ST CHEF EwaTNE Q‘tm‘ogflfl T vb Ream 6cm CamusDEFENDANT: ‘eqx‘lvcfigéz Ems MMOExD coasno INDSVMumN QND afis‘dth COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply):D MOTOR VEHICLE E] OTHER (specify): : Property Damage E Wrongful DeathE' Personal Injury E Other Damages (specify): @(EWIQYV‘ Jurisdiction (check all that apply): CASE NUMBER:E ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $1 0,000E exceeds $10,000, but does not exceed $25,000 8 1 c V3m ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000) 789 8 3D ACTION IS RECLASSIFIED by this amended complaintD from limited to unlimitedE from unlimited to limited Plaintiff (name or names). EQWQQ‘D CH‘QQLED KENHMID %t,fifibLRRN®5 gesicauses of action against defengant (name or names):M¥Y95\ 3 Anweq“WON4 e.‘LHVB‘EZ 3 593m Munck ‘> 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. E except plaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)D a public entity (descn'be): (4)E a minor E an adult (a) E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5)E other (specify): b. E except pIaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3) E3 a public entity (describe): (4)E a minor D an adult (a) E for whom a guardian or conservator ofthe estate or a guardian ad litem has been appointed (b) E other (specify) (5)D other (specify). E Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 F A df o t‘ IUs _ - Code r0 ‘I Proced e, 425,12oJrgt'iiciZTrgzfinci‘ljrof galfigarnia e COMPLAINT Personal Injury’ Property C‘EB o Mwww.co:rrtinf§7.cagovPLD-Pmm [Rev. January 1, 2007] Damage, Wrongful Death wwwcencom PLD-Pl-001 SHORT TITLE: £1)me CHQflL651w\FQM .3 V . CASE NUMBER: HDME5de WU $$$$ka r 69L 44 D Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. m except defendant (name): HDWMEGR-fi c. E except defendant (name): (1) g a business organization, form unknown (1) E a business organization, form unknown (2) D a corporation (2)D a corporation (3) E an unincorporated entity (describe): (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe): (5) D other (specify): (5) E other (specify): b. E except defendant (name): d. E except defendant (name): (1) C] a business organization, form unknown (1) E a business organization, form unknown (2) E a corporation (2) E a corporation (3) E an unincorporated entity (descn'be): (3) E an unincorporated entity (describe): (4) D a public entity (describe): (4) E a public entity (describe): (5) E other (specify): (5) E other (specify): E Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. E Doe defendants (specifi/ Doe numbers): were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. E Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. 7. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. E at least one defendant now resides in its jurisdictional area b. m the principal piace of business of a defendant corporation or unincorporated association is in itsjurisdictional area. c. E injury to person or damage to personal property occurred in its jurisdictional area. d. D other (specify): 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): PLD-Pl-001 [Rev, January 1, 2007] COMPLAINT_Persona| Injury, Property CEB Page 2 of3Damage, Wrongful Death www.ceb.com PLD-Pl-001 SHORT TITLE_;'.EAW%$ Qhfixgé Iwkijdfi Va ”B&MZFWST Hmofl’ha’v €3§ 42L“ CASE NUMBER: 10. The following causes of action are attached and the statements above apply to each (each complaint must have one ormore causes of action attached): a. D Motor Vehicle b. E GeneralNegligenceE IntentionalTonE Products Liability .: Premises Liability”‘(DQO 6m flumb FEEsPsS‘w‘» mfg K bk»mbngb§ ?CCXLAVKE >QW‘CE‘VQM AMEN; 43¢ éuméségwflv Other(specify). WM OF FQVrM-Dwflim g)saxmmfiWE; ?WfiJ > Maw;(5 11. Plaintiff has suffered R R \* e CX‘wwfbiq§Q WEQW‘S fig\E‘sl Elie: {ACE55 " a. E: wage loss b. loss of use of property c. hospital and medical expenses d. [E generaldamage e. E property damage bf. E2 loss of earning capacity j 3.x: y \ A a a D50 b9 m otherdamage (specify) mam)“ )m m) kbas 54 LEA. \qmgegmtfi D EN LACE; §§x§r§fimg LEN \QMAém} (_ apdye; %\Q\WTH§€+2> nnegebswjWE\\Qé‘ 3.nggsgvg 4V5 “ @5106! ) {W5 12 D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a D listed'm Attachment 12. b. E as follows: 13. The relief sought in this complaint is within the jurisdiction ofthis court. “E3 14. Plaintiff prays forjudgmentforcosts of suit; for such reliefa isfair just and equitable; and for a. (1) compensatory damages 9 DE (2) punitive damages bf 4 5 bib The amountof damages Is (i asés 701%ersrsona i ury or wrongfuldeath, you must check (1)). (1) N accordingto proof (2) - inthe amountof: $ 15. E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date.5 /6/ { a KERR N;EmeDcW/E5 P %Jf/ix (TYPéOR PRINT NAME) (SIGNATUREL6F l RNEY) PLD~PI-oo1 [Rem Januarw. 20071 COMPLAINT-Personal Injury, Property [ /\C.EB Pa993°f3Damage, Wrongful Death www.ceb.com PLD-PI-oo1(3) " SHORT TITLE; mugg& W3Q§ Sagkbxfifi V ' CASE NUMBER I $5”5TMDDW'gfi) QX-i 3A1, Me CAUSE 0F ACTION-Intentional Tort Page (number) ATTACHMENT TO w Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) IT- 1 Plaintiff (name; EDW‘QKD QM‘Q‘RLEbEMWND 9% oaralleges that defendant (name): WEFJ Yf)\ m‘%‘\¥\t>\‘§@m\Oflcyf‘jag QLL’GW VC Xsfi’fimafigl EE m2 V6521. N‘AéwjixweéDhmwgWQGQEX Y‘s} amx?IWDESEHEE?JHQC \rfic AVE”Améflmm E: Vngébjgfl SébfirAchwkmmafla “gm + dENE? W9 hwyfi-Hr 3Efid £fi?fla 54940125gmmg i lg where Range: m?O‘MAWPr we mamE&emg‘mag s was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act defendant intentionally caused the damage to plaintiff on (date): Cm(39WMWW %\ 2262.03 9 at (place):m@529\ngyfn =3 C3. (description ofreasons forliability).Moi:k3W Yflfi‘gw Ow M&CM36 ?\Q‘S mévgfis V‘afi‘ *BMnNWA LQK‘SQZB ’Dé‘é Ex\n>bfi fifiéfm“WEAR ems \s in. gt, , . , fl LMae 6E aka ®N3bs’r L8) \HEMEVSAWST) )Q®&5W‘“*” 503%5 7 5% afiaéb Q&ArcxcEx-‘EA D Q3 dwb éhmnbxg @M'}b§a\»6 L923 0x71§ Q0) mw’fts C>€4Y\\3 CMA’EX 439m 5 “<54 vafixfi ch‘aamefl L35) 5015 “Q&SA Qfimkbg a b ?%ete L"! § mmg m Logn Macy, MQQ&E551\QE>QJOQ gag \ k s mm 3W$54“:SflfijnfigngVJWSW Y3fi7 (E 3m ?\Gs‘ngfiéé \x,‘WE? rs‘v9mg? mags :an m" Wéoxfixs OeQaflcAz/fi: L5) nuqunE émxsw 39ngQadn] mgfl 75 stfi- ©9732 M $3 €m? WCES , W5C “(Embmmé1Vb¥m 456711%Q ®gbb§&AJ‘QWM’H 46A“Wwfié Ms? \DE mama ME” Q mew wcAwAQ ?Mmm¥‘3 “@3 06W +3 nMW Nmm‘ueffi 35397 4‘75“ wflwgfvflv Mesa“ ?%flémv Bunnies WfiQ-o LC QM‘fEEé’I w esma» ems ax b\gfecmm Stargxcxmwmv \ 4“Cmfiw He!“£ng AEWMw/ wmxg’m’infi’ GCbQSnbfi-V 05W §§- W§5w%w%3 \n @305 nfi§?\naeo-S‘fl am QMSLKM gm”?‘R’MNQQ fifiggws ) L10 66> WhigE umb%e VSZQ0» 4m“1% K635$ VD S § ’h TFC“{ gigs;fig Pagan“ Form Approvoredt Optional Use _ w Code of Civil Procedure, § 425.12Judi alCouniirnclofCalfo nia VCAUSE OF ACTION Intentional Tort CEB www.courtinfo.ca.govPLD-PI-om (3) [Hem January 1, 2007] www ceb com PLD-PI-oo1(3) ‘ SHORT TITLEnfigmpg charms; ”Iquv‘xigqs ”V‘- CASE NUMBER MAEFGWT mo mar; >29} 'ch, Tm CAUSE 0F ACTION-Intentional Tort page (number) ATTACHMENT To E Complaint E3 Cross-Complaint (Use a separate cause of action form for each cause of action)“ IT-1. Plaintiff (name): EAwwg C3fiW\&$jENVQN§ °“ " ’ " ‘ é TS EL WEIalleges that defendant (name): @fi‘x C) :‘> g93mm5 )6M) MahQM Qfl fiN ‘J\ E Does to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally caused the damage to plaintiff on (date): lfi/QDaQ a- 3°%\ A at (place): 5 fl)“ .3652, €394...)be“3H 3 ‘ A ’ “A “CGWW5 SW15 Raw (description of reasons for liability): DEFEOAGGWA?5V 5 b\‘k r7 ' s ” . ‘ V‘Qg ’ s Am “FEW \muéém 56% Q‘Caceés z)?$33 fi&%figé\ hfigiwsocm‘k ”w §Ed€§16fi 13» \s- a \3§h3)G€W€ 'flfigfia yawm sew? Mfim‘nmgifi’fiz‘swbmmX3an ?\Q’S‘fiigés Mflvm‘} 906* 4mm Mae §b§>§§§x§ {m ram; \Wnéfim ‘ y“QM “04> amséflfi) ?\ésmfié *5 \OE ‘E-mzfireé W33WW6 . ”“33" Amrin ' WE CCNEAAR Qwéfim3¢5wfi%mfixwamams ?\cxlfifig \dfl-M M \AWS‘HQW 9555533 'fib ngswug orWM agvsse av QMNSEA QasssthE fiwfi co'néfimmflq a§ Lace 4 ‘9 '~ - AflA-‘s H-Lfiflmé Am$ Eflagfiéflb WM ME.“3% “flit:‘Wcmm guypoée cmé Mvmgfidf mwAS’miargA QMQyfiw‘Gq ”3: Q&Sfl- ?\ngkfig (¢me IQ ,‘gqa ‘Q 43056?Aw gmficamm TE\’O\\QCX*5®Q @773 ££MD®§>23 ?\ogm-rggé a563¥h ..’€ft>;rflm QWQ gomir Rn Cm WQQQL . c3 Ealéxrm? QvDLEAGfE)W. k5“ 5&0“ €32st fiuécessfixu* WQ$ vafinshfifiévfimV“ “W“ m-cgm sums: ma» . -M 6cm: MmhW E33¥ fbé usaglfi gaff»)? §«2mWE Qfl‘xgflrfl a (?)ELmsE c6 MmMm-s mfi‘nfimm anawngwcs+ «afims “I713 gnawfibrb. ?\OG n+i§€ W35 fingeeo’t-té é Sous mawlrbvk @‘kfi amo‘w‘ mmx sugamga) Wmmws 9e dd (xx) 96 Nagyeamn mix A5593 ' Q63 fiV§bfi®n fiéh'SsWWM M98-cmA @xk \“EYM\ €393?“ 6% ?cuv‘Vthmc) Abficwséwfiqm. Page 1 oi 1 Form Approved for Optional Use _ ' Code of Civil Procedure. § 425.12 Judicial CouncilofCalifomia CAUSE OF ACTION Intentlonal Tort CEB www.courtinfo.ca.govPLD-PI-Oo1(3) (Rev. January 1. 2007] WWW ceb com PLD-PI-oo1(6) SHoRT TITLg; @x gsgfiLhW‘afiEN‘Mjww \L CASENUMBER: Em, mg 1WMmgm» Exemplary Damages Attachment page flea- 3 ATTACHMENT To m Complaint D Cross- Complaint .‘ . 4‘? A ~ -\ -5Q§3U$f EX-1. As additional damages pgainst defendant (name): WF)‘5‘€)\ 3 CA?“fibxkfibgfiig»; f,Q . AYTQ Nv’rtm 3 ‘O’ivé‘drgwg‘ (bECfiW-leng) 5399‘s ‘3 t- ' 3WBtMSWCM Plaintiff alleges defendant was guilty ofE maliceE fraudm oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2.The facts supporting plaintiff's claim are asfollows: mmzxfié fithS‘K:A VY'L‘J‘CDS Q03 -*b%a\ Aefibemfig \ra’?§€<_yyewcsi "m (?\in mfiégs 6m mfg FEAwQA {Q@fi‘s. EEé-mfizws, Qd-Smb \NVD'E “34665 6W)? Amflng We: Qw'sbdfi anggmgg mkat‘ §€€gn8¢wfir€> ”‘5an m §h®§gnaw ?\QgflgggW3 \\ Ea wmn ggsscscsS‘ \' Q&‘QDSE3 *5 ‘R’he LMmavsva% A/Lig 3m \QESn \mtyngez5s ar}% ksmu‘bh 1m éwEkj/ih \g‘xQ-LE 3 ”D'Egafia cdecns WEE Ame WWH‘flfi \‘fiEfiVms ®§ w Y‘fis‘édmfi m5 Hmowéuhb éqjx‘smfi ?\QSWHK' CNS $E©¢r3b€5m V E CWSE Eé fi-Ufii‘cm flfimrflrfi 4&4?“ Nara cyvggg (Mk NSAAW-‘wg CA yew;WQurpcseém x nmvfi Am Warm pmnfigg \men%.\\\&gmgg§(WW3 (Aha {??memQSQM ,. K fl»: 6M \ p\c€>%¥§£€ V&bfifi ‘Pr \bxg ~-\~;§Q\r€n Aims C066) Omé Cm mafé $6 Exam (M633 Aamfigtx bE mwde& , A EX-3. The amount of exemplary damages sought is GOAL“: MRS“: Gr} éflD“C>< 3 LAA)B€$>§® 3 a. E not shown, pursuant to Code of Civil Procedure section 425.10. b. E $ Page1 oi 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12Judicial CounciiofCalifornia Exemplary Damages AttaChment wwwcouninlo.ca.govPLD-Pl-001(6) [Hem January 1, 2007] i’mljomefiggstw HomeFirst S bsid and Client ?a meat Schedule TenantNmezEdews Moverin date: »_ i.) Address: L&LQO S. Juemyixsmfifi Sam £3056, CFX 9551258: The Ctiem’s portion ofthe rent to Landlord wiii increase in the next nine months untii the Ciient becomes responsible for the full contract rent effective on: ' ‘ Payment Schedule: Month Client Partial: fiomeFirst Total Rent Pementage To Landlord Rent Portion to Contract Caléuiafion Landlord PROM“ b a join 3e"); 21) fl (3mm Li? 5&600. C30 0 X“ 0 39)) L20 5' j 2000.00 $2900. ob M I l 0&P V21) 5200mm, $20.00. oc M23’ DC? Mm 5%00 $WO'Oe6C» filooomg 20% mm Lm Moo mog‘og immoo m beanie $500 $1100.02) $2300.00 40%W $9100 “2.00.00 $2000.00 40%w $‘ZDG $800«OQ$ZQQQ,QQ 60% car‘x ‘ t W200 ASQOQOQ 51:36am} 80% Acct h $2000 '3 .9~ ZOOO‘OO 0% x . I Edmm3mg); “5cm understand that x win begin to pay a portion ofmy rem by the 4m month. I wiil communicate with my Housing Specialist and Case Manager before the 15‘“ of each month if I am shorfiunable t0 pay my portion of the rent. Client Name and SignatuxfiL Housing Specialist Name and Signature\ 507 Vatiey Way g Mitpitas. CA g 96035 i te! 408-5392100 i fax 4408-9570253 x homefirstscc.org Confronting homeiessness by cultivating peopie's potential to get housed and stay housed, Exhibit B I Baiew?fgkflfiifl‘ > . ' . V I'cnemflamefamrdE: h .‘ _ ' I ‘rrszmmmmsofmmmammmému 1w ’ i _ .. ale '3 ‘ -_scheauregarméekiééatéé:Wm i . ' L 'I HomeSimt99mm; at Maveain ifmratefiimn-prorawd seam ff; 8% £7? I ‘. ,‘Nextmonm’sremfiogzaw 06,, _ ’ r dexzverme rmmeeh when may m1 axon " v A - ’bfbwrmw - ff; ’ W.“Q h .1! ...._‘ 3L2, . w V ' {Rental ?mtion {of Fast 3 Mamba .._rv . "'"'ri'j’.,'}‘enam}’ertmw$_5 {m g ” 56? iiattegWay;mamas. CA fi 98635 x1e}4%539-2109flax 408.95%0253x hamefltstscc org Confmméng hameiessness by cultivating peopiéfs potenfial tip get housed and- stay housed Exhibit B PLD-PI-OM '_A1'rORNEY 0R PARTY WITHOUTA'rmRNEY (Namel Stare Bar number, and address): Fan counr use ONLY EWmD amgLEs jam,“ 1-, “Ago :2.bmv sSm Que) km$+lo .mum, cmmrnm ‘LS'I we TELEPHONE Not}!0?) Ltd -?stg‘j FAX No. (Optional):MD E-MAILADDRESS (Optional): ATrORNEY FORwameJ;m WmM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F 59mQM STREETADDRESSE ‘4‘Mum F: (,5?Wfi ‘ E L Emmadagmimmn ‘qsx x3 BRANCHNAME: L CSV: \ ) APR 0 8 2021 PLAINTIFFzfla . 3 ' \l- . NA afieflss jwfixs 'CIETK Of 1H6 00““ clam DEFENDANT: “EVQA C. . LMLB‘Q 3 Guam: Wnflehfiaunwm aanggpuw Kbmm L . Gem 3"D Doesno R'TEN COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply):E MOTOR VEHICLE E OTHER (specify): ._‘ Property Damage ‘=: Wrongful Death'-‘ Persona! Injury ‘ Other Damages (specify): Jurisdiction (check all that apply): case NUMBER;D ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $1 0,000E exceeds $1 0,000, but does not exceed $25,000 ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000) g 1 c V 3 I7 9-2 8 0E ACTION IS RECLASSIFIED by this amended com plaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff (name ornames):EAWA CAngffi ‘5 Saggd‘xfi n alleges causes of action against defendant (name or nangs): 6WQWLQR')WQMLQWW 2. This pleading, including attachments and exhibits. consists of the following number of pages: L > 3. Each plaintiff named above is a competent adult a. E except plaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E an adult (a) E for whom a guardian or conservator ofthe estate or a guardian ad [item has been appointed (b) E other (specify): (5)E other (specify): b. E except plaintiff (name): (1) [j a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E an adult (a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appoinied (b) E other (special): (5)E other (specifll): D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 at: FonnA raved foro tionalUse _ ' Cod fc‘ ‘IP d . 425.12 Judicipapl Councilof galifomia COMPLAINT Personal Injury’ Property CEB .0 Mwwrgfgozgngcagov PLD-PI-om (Rev. January1. 20071 Damage. wrongflll Death www ceb com Exhibit B PLD-Pl-OO1 SHORT TITLE: Ml“ y ,WLAV‘ ‘5 éfi\ , MY case NUMBER; 4. E Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. E except defendant (name): c. E except defendant (name): (1) E a business organization, form unknown (1) E a business organization, form unknown (2) E a corporation (2) E a corporation (3) E an unincorporated entity (describe): (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe): (5) E other (special): (5) E other (special): b. E except defendant (name): d. E except defendant (name): (1) E a business organization, form unknown (1) E a business organization, form unknown (2) E a corporation (2) E a corporation (3) D an unincorporated entity (descn'be): (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe): (5) E other (specifiI): (5) E other (specifir): E Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. D Doe defendants (specifil Doe numben‘s): were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. E Doe defendants (special Doe numbers): are persons whose upacities are unknown to plaintiff. 7. E Defendants who are joined under Code of Civil Procedure section 382 are (names): B. This court is the proper court becauseQ at least one defendant now resides in its jurisdi'ctional area. 5190' § injury to person or damage to personal property occurred in its jurisdictional area.other (specify): 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. @ is excused from complying because (specify).-M “:3 . fl the principal place of business of a defendant corporation or unincorporated association 'is in its jurisdictional area. PLD-P'W [ReV‘JanuaW-ZOON COMPLAINT-Personal Injury, Property CEBDamage, Wrongful Death www.ceb.com PLD-PI-001 .SHORT TITLE: m\b‘M 5 V,Wmfl 03 CSBVAEQJ CASE NUMBER: 10. '11. 12. 13. 14. 15. The following causes of action are attached and the statements above apply to each (each complaint must have one ormore causes of action attached): a. E Motor Vehicle b. E General Negligence c. % Intentional Tortd. Products LiabiIity e. E Premises Liability f. m Other (specific: mmvmrq Plaintiff has suffered a. E wage loss b. g loss of use of propertyc. hospital and medical expenses d. generaldamage e. D property damage f. fl loss of earning capacity g. E other damage (specify): E The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. E listed in Attachment 12. b. E as follows: The relief sought in this complaint is within the jun'sdiction of this court.\fl Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) compensatory damages (2) punitive damages The amount of damages is (in cases forpersona.’ i ' ry rwrongfu! death, you mustcheck (1)): (1) m according to proof ewgbfifir (2) D 'in the amount of: 5' E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: WI g, 36a) g» mmfis“€30wa OWW§$ b WA (TYPE OR PRINT NAME} (SIGNATURflF PLA‘IFJTIFF 0R ATTORNEY) PLD-Pmm [Rem January 1. 2007] COMPLAINT-Personal Injury, Property CEB Page a ora Damage, Wrongful Death www.ceb.com PLD-c-oo1(1) . SHORTTrrLE: 3mm 6 V. MMWR; @V‘m CASE NUMBER: OW: CAUSE 0F ACTION-Breach of Contract {number} ATTACHMENT To Q Complaint E Cross - Complaint (Use a separate cause of action form for each cause of action.) 30-1. Plaintiff (name): EAWA Lhmle‘b @jéw‘b alleges that 6n or about (date):SM ’3) y aba\ a E written E oral E other (special): L Q. greement was made between (name parties to agreement): PU“fibq E&mfl‘CA “\C n 5 ) 5F;Yo \ a CmA OWEN;.Mm-wmm MVQNZH k. G&mE A copy of the agreement Is attached as Exhibit A or LW96%meP-[VBCXKKQBD The essential terms of the agreement E are stated'In Attachment BC- 1 E are as follows (specifil): B B BC-2. On orabout (dares): NOVa-nba‘ 3 13$ defendanti3\r\e)ac%ed the agreirréeng E the acts specified In Attachment BC-2 E the following acts +‘ (specify) vemfi- v mlhmn QM; cifits-n WCBSAHWS“030%: “5?\Dgn‘fiQQ];Mymb\Abcs‘n 09 Hg CEQM hem{YR‘Q/V’SCKWmC) YSYB 3,5“, C9“®*gn§w@m aow‘w nAemsdwmvxflRS Y:\MIWb flgbflfin <5 é: floxfié - Cal (Laffibfi‘a077va@ési‘k mgn c, wé‘fese Wm3W wa-iebfiz vréaéfiL ‘a" 22m: “MM BC-3. Plaintiff has performed all obligatio s to defendan except those obligatio s plaintiff was prevented?or 31$ I33 excuse from performing.DUE¥WWTOT )Q‘n“fig: $D>®+€YB k ‘ E :3 )3 350W Cme- MB f-tw Awe;nflmjm ablawtség BC-4. QPlaintiff suffered damages legally (proximately) caused by defendant's breachmof the agreementE as stated 1n Attachment BC-4 as follows (sp c: ,2.MA) ”fleasf \ 6%Eé} GQVQN'L mvxT “mam?aways)? 3m,\h\\/>b\c~ m 96b‘OBQ’DWE 5L) QM §C§®q3&w~rbn § (Mam amgi‘wmégfi i13§§ 1%» v b“mm 30.23% c3 . ax \ L ?2 DOD Db °\n \ M“n “£35 ?;bss fl 0v {w Q‘mflfim afiflrym‘3 ’ 2’ m?) W?m BC-5. Plaintiff Is entitled to attorney fees by an agreement or a statuteE of $E according to proof. BC-6. E Other: ?\qfi‘rfié‘fé “2:.arfigHeme VOL a .3 ’ x W 3 mgazmzmsrb Page P3931 of 1 Form ApprovedforOplionalUsa ___ C d fC' 'IP d . 425.12 JudicialCouncilomamma CAUSE 0F ACTION Breach of Contract ° ° ° 'V'mflgm‘jfigngmgw PLD-C-001(1) [Rem January 1. 2007] PLD-PI-OO1 (3) " SHORT TITLE: jemy‘bqj ’V. Lfiwbg '2, 6,-me CASE NUMBER ”Rub CAUSE 0F ACTION-Intentional Tort Page (number) A'I'I'ACHMENT TO Q Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action .) ... ’M 5 |T-1. Plaintiff (name): EAMkyfgwfl-(l C 3 SENK allegesthatdefendant(name):6W C.1&ng 3M0 KQK’M k. Wag E Does to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally caused the damage to plaintiff on (dare): w Q"®m Nmemkw 3013635 (KM 333A) «fl at (place).-6mmxm-Uaim:a AEWMLS) ammb €“3W‘gwg, (description of reasons forfiabrfiry):M345)QMV555 AE\“0mg{16%)me uh)“ S 15W mvséfis)?\m \hew Q\ mmdflx NE\\M \M m3) 0mg cs“ \(‘EbmtbD%E 6W5 mbv‘s’wd um mwgexlb”?thWe": schema \fih‘flC :S‘Qn: 359% Ana 693a“ {vovs‘sSmSRM \«xh 33631:3»? wag’rmafi OF Haafih @339WM D?m eobb garba’baq 662V; caOEWQE-P £25k?" DWIAE’” Chm ’3 fidr LHAW)4 55L, onXU 6:3 “Ox CQSLDE ma‘aA‘rEcbbfiadWWVO R“Tm???_fimw muQesmcm‘sm-Lemcvmswmfi n53. M‘BE}? 33 a652, b m‘fi'b‘Fucrm‘ WE ow: awsA-xq q5 Vac O§5e¢u§3a (LsrfirEA oxE QCmerr’ficm 3 9993“” 9aRayfiencé waQ-usxfi ADadamm) mag» L magmas; (mgmm L&mmt mi“ oefic mcgbm (mesa) fight!agng-r @csnfifi weam’nn 3n 9W“\ncuwfl n5 4‘“ Q” L vafimen?! Cx owns? \rvm 10‘ CW3?)?\qim-i‘fi 41, 39E €R§bsl<5 Am Mama's ’3 CVVB Mnmgsaxb “R AB WE, CGPCW‘LAUVJY‘QS) Ding fiugferf')fl mw\5‘en1t§vxm~qx\hmm 6, 5 3 4! Page 1 of 1 Code oi Civil Procedure § 425.12 marmcounacagov Form Approved for Optional Use“ " ’ ' CAUSE OF ACTION-lntentional TortJudicial Cauncll of Cahiernla PLD-PI-om (3) [Rev January 1. 2007] For yourprotection and.privacy, please press the Clear Mwwwwmmflm irhis Form button after you havé printed the form. ' 1 If Prinfihis form l I Save this fofm “.Glear'E-thisfor‘m PLD-PI-ooue]: .- sHonTTITLE: M?MB 'V‘Wt. “M2, cAsenumER:’5 ' Gum Exemplary Damages Attachment pagem ATTACHMENT To E3 Complaint E Cross-COmpIaint EX-1. As additional damages against defendant (name):W Ckfl'wmigv'fivéNFL"Gum?“ Plaintiff alleges defendant was guilty ofm maliceE fraud_m oppression as defined in Civil Code section 3294, and plaintiff should recover. inEaddition to actual damages, damages to make an example of and to punish defendant. EX-2.Thefacts supporting plaintiff‘s claim are asfollows: 9&1&\rfi483 Qc‘rs Qua MM'SS $90715 mag cow'seg‘ soar w\;’$\e 56:15 Gamanomad 2:6 +he;mfisfim s e< fie; 37539 $3 saga g o At? unAer Iagqu 3(a) eewg 009:1W éambc HQ (3-1 aHvS»;aJoHD; asusa\ qgfle'xcageafi‘ _39 én‘nWEn’P ma " Cnfif‘é-o’n‘ih vamx Nam "~ $$EWEDC633®Q Lxflécglfiffis MW: . W915Qlfmg ’ f G mefi- v; - \q Tag " ,, - ' $6: mfi$5 ’h’ fih’flhfi‘ Q3 CRHROEVD “”1 The? WEEQWS i) EX-3. The amount of exemplary damages sought is i a. D not shown, pursuant to Code of Civil Procedure section 425.10. b. [Z $ afbbbfibe ,m Page 1 of 1 Form Approved tor Optional Use Code of Civil Procedure.- § 425.12 Judicial Council of Califomla Exemplary Damages Attacnment mm.courfinfo.ca.gov PLD-Pl-OO‘I (6) [Hem January 1. 2007] POS-O10a ATI'ORNEY 0R PARTY WiTHOUTA‘ITORNEY (Name, State Barnumber, and address): FDR COURTUSE ONLY TELEPHONE NO; FAX N0. f0ph‘ona!): E-MAIL ADDRESS (Optional): ATI'ORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFFIPETITIONER: _ CASE NUMBER: DEFENDANTIRESPONDENT: Ref. Na. or File No; PROOF 0F SERVICE 0F SUMMONS (Separate proof 0fservice is required for each party served.) At the time of service | was at least 18 years of age and not a party to this action. 2. l served copies of: -L I a- E summons b E complaint c. E Alternative Dispute Resolution (ADR) package d. E Civil Case Cover Sheet (served in complex cases only) e E cross-complaint f E other (specify documents): 3. a. Party served (specify name ofparty as shown on documents served): b.E Person (other than the party in item 3a) served on behaif of an entity or as an authorized agent (and not a person under iiem 5b on whom substituted service was made) (specify name and relationship to the party named in item 33): 4. Address where the party was served: 5. | served the party (check pmperbox) a_ E by personal service. l personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): (2) at (time): b. D by substituted service. 0n (dare): at (time): | left the documents listed in item 2 with 0r in the presence of (name and title or relationship to person indicated in item 3): (1) E (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) E (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the-papers. (3) E (physical address unknown) a person at least 13 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) E | thereafter mailed (by first-class. postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on (date): from (city): orE a declaration of mailing is attached. (5) E | attach a declaration of diligence stating actions taken first to attempt personal service. Page1 of 2 Form Adopted for Mandatory Use PROOF 0F SERVICE OF SUMMONS Coda DI Civil Procedure. § 417.10Judidal Council of California POS-01O [Rem January 1. 200?] a a g 1' DEFENDANTIRESPONDENT: PLAINTIFFIPETITIONER: CASE NUMBER: 5_ c_ E by mail and acknowledgment of receipt of service. l mailed the documents listed in item 2 to the party, to the 6 address shown in item 4. by first-class mail. postage prepaid, (1) on (date): (2) from (city).- (3) D with two copies of the Notice andAcknowledgment of Receipt and a postage-paid return envelope addressed to me. {Attach compfeted Notice and Acknowledgement of Receipt.) (Code Ciu. Proc., § 415.30.) (4) E to an address outside Califomia with return receipt requested. (Code Civ. Proc., § 415.40.) d, E by other means (specflj! means of service and authorizing code section): E Additiona! page describing service is attached. . The "Notice to the Person Served" (on the summons) was completed as follows: a. E as an individual defendant. b- E as the person sued under the fictitious name of (specifil): c- E as occupant. d- E On behalf of (specify): under the following Code of Civil Procedure section: E 416.10 (corporation) E 415.95 (business organization, form unknown)E 416.20 (defunct corporation) D 416.60 (minor)E 416.30 (joint stock companylassociation) D 416.70 (ward or conservatee)D 416.40 (association or partnership) E 416.90 (authorized person)D 416.50 (public entity) D 415.46 (occupant)E other. 7. Person who served papers a. Name: b. Address: c. Telephone numben d. The fee for service was: $ e. I am: (1) (2) (3) not a registered California process server. exempt from registration under Business and Professions Code section 22350(b). a registered California process server: (i) D owner E employee E independent contractor. (ii) Registration No.: (iii) County: 8. E l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 0r 9. E I am a California sheriff or marshal and | certify that the foregoing is true and correct. Date: (NAME OF PERSON WHO SERVED PAPERSISHERIFF 0R MARSHAL) (SIGNATURE) Page 2 of 2P030” [RSV-mua” 1! 20°” PROOF 0F SERVICE OF SUMMONS GOWQI‘ FOR OFFICE usaomv Properties 1254-6 Tenant Account fl 1164 BRE#00532717 RENTAL AGREEMENT PARTIES: This agreementis madeand entered into as of July 03, 2020 by and between Steven C. Lawlor hereinafter referred to as ”Owner" or "landlord", and Edward Jenkins hereinafter referred to as ”Tenant (5)". PREMISES: OWner does hereby rent to Tenant those certain premises desdribed as Agartment located at 4 60 S . Buena Vista Avenue, #6, San Jose, CA, 95126 hereinafter referred to as "Premises" upon the followingTERMS AND CONDITIONS. LEASE TERM1TheTerrn hereofshall commence on July 03, 2020 and continue for a period of 3 Months thereafter (fixed term) with the lease end date being October 02 , 2020 and on a month-to-month (periodic term) thereafter, until either party shall terminate the same by giving noticein accordance with paragraph titled "TERMINATION" below. Tenant agrees to have a minimum tenancy of six months if the lease is month-to-month. RENT: Rentshall be $ 0 . 00 per month, payable in advance upon the first day of each calendar month to Owner or his designated agent without demand, and deli nquent thereafter at the ma nagement office on the premises, or at such other places as may be designated by Owner from time to time. Rental and Utility & Maintena nce Reduction Program Fees from the commenci ng date of this agreement to the fi rst of the fol Iowi ng month is $ 0 . 0 0 the amount being the proration of rent from the commenci ng date of this agreement to the first day of the fol [owing month. UTILITY 8: MAINTENANCE REDUCTION PROGRAM: Tenant shall not participate in the Utility & Maintenance Reduction Program. IfTenant is participatingin the Utility & Maintenance Reduction Program, a portion ofTenant's total amount due (as described above in the Rent terms), will be used to have HVAC filters delivered to their home approximately every (not agglicable} under the Utility & Maintenance Reduction Program. Tenant shall properly install the filter that is provided withing two (2) days of receipt. Tenant hereby acknowledges thatthe filters will be dated and subject to inspection by Landlord upon reasonable notice to verify replacement has been timely made. If atany time Tenant is unableto properly or timely install a filter, Tenantshall immediately notify Landlord In writing. Tenant's failure to preperly and timely replace thefilters is a material breach ofthis agreement and Landlord shall be entitled to exerciseall rights and remedies it has against Tenant and Tena ntshall be liable to landlord for all damages to the property, A/C or heating system caused by Tenant's neglect or misuse. LATE PAYMENTS - DlSHONORED CHECKS: The rent is due on the fi rst day of each month. ln the event that rent is not paid by the fourth day after the date due, or in the event of a dishonored bank check from Tenant to Owner, beca use actual damages for said late payments and dishonored bank checks or credit card payments are extremely difficultto ascertain, Tenantagrees to payfl of monthly rent as liquidated damages forsaid late payment and 3% of payment amount as liquidated damages for each such dishonored payment. lfTenant has been served a 3 Day Notice to P'ay or Quit Rent, said payment must be paid by Cashiers Check or Money Order. DEPOSIT(s): Tenantshall pay in advance a security, cleaning and damage deposit (including Pet Deposit if pets have been allowed by Owner) of FOUR THOUSAND AND 00/100 Dollars ($4 , 000 . 00) to be held by Owner for the faithful performance of the terms of this Agreement and for the cleaning and repairing of the premises after surrender of thesame by the Tenant. Tenant acknowledges that at thetime of occupancy the premises are received in a clean condition including the appliances, carpets, and window treatment. At the termination of this tena ncy, itshall be the Tenant's responsibility to return the premises in the same or better condition, reasona ble wear and tear excepted, incl uding the cleaning of the appliances, carpets, and window treatments. In the event that the tenant desires to cause said cleaning of the appliances, carpets, and window treatments to be done himself, Tenantagrees to obtain the prior written approval from the Owner, ofthe person and method to be used for such cleaning. Deposit may not be applied to rent due attermination oftenancy. $ 0 . 00 is non-refundable to cover administrative charge for processing application and move-in/moveout administration. TENANT INITIALS - PAGE 1 m m m} m m ml m m l“ m m Ml RENTAL AGREEMENT. PAGE 1 DEPOSIT(S) REFUND: The deposit shall be refunded to theTenant within three (3) weeks after Tenant vacates the premises, less all cha rges for clea ning, repairing, replacement of any missi ng items, or other amounts due under this agreement when necessary to compensate Owner for loss or damage ca used by the breach of Tenant, inci udi ng any amounts necessary to compensate Owner for del inquent rent and fees owed by Tena nt. Deposits are not to be deducted by the Tena nt from rent payments or other charges due hereunder and Owners right to possession of the premises for non-payment of rent or for any other reason shall not be affected by the reason of the fact that he holds these deposits. UTILITIES: Tenant shall be responsible for all utilities and agrees to make payments for same, including any and all deposits required for said utilities. The exceptions for Owner paid utilities are listed below. If not listed, the TenantshaII be responsible for the util ity payment. Heating fuel paid by Tenant; Cooking fuel paid by Tenant; Hot water fuel paid by Tenant: Other electricity paid by Tenant; Water paid by Owner; Sewer paid by Owner; Ga rbage pai d by Owner. If the Garbage is to be paid by the Tenant to the Owner,-the monthly cha rge wi ll be the actual amount paid by the Owner to the garbage service provider. The i nitial monthly ga rbage fee shall be $n_/_§_ and is subject to cha nge by written noti ce to the Tena nt based on rate cha nges of the service provider. a Cable/internet paid by Tenant, if desired. Cable/internetinstallation must comply with all Home Owner Association rules, if any, and Tenant may not alter the premises to install service without the Owner written authorization. POSSESSION: lfTenantshall be unableto enter into and occupy the premises atthe commencement date, Owner shall not be liable for damages to Tena nt ca used thereby, nor shall this Agreement be voida ble, but during the period Tena nt is unabl e to occupy said premises, Tenant shall not be liable for rent. Tena nt may terminate this Agreement within ten (IO) days of the commencement date If possession is not delivered by that time. QUIET ENJOYMENT: Tenant shall be entitled to quiet enjoyment of the premises and Tenant shall not annoy, harass, enda nger or inconvenience any other Tenant of the buil ding upon which the premises are located, nor create a nuisance, nor commit any act which may disturb the quiet enjoyment of any other Tenant of the building. Tena nts are at all ti mes res ponsi bl e for the conduct of any of their guests, invitees, or licensees while on the premises or in and about the buildings. USEAND OCCUPANCY: The premises are to be used only as a private residence for not more than 1 ( ONE ) adults and _0 ( ZERO ) children and for no other purposewithout the prior written cons ent of ma nagement. Occupa ncy by guests staying more than ten [ID] days without the written consent of Owner shall be consi dered a breach of the terms in the paragra ph below in this agreement entitl ed "Assignment and Subletting“. ASSIGNMENT 0R SUBLEI'I'ING: Tena nt shall not subl et or assign aII or any portion of the premises of Tena nt's interest therein without the prior written cons ent of Owner. MUL11PLE OCCUPANCY: lt is expressly understood that this agreement is between the Owner and ea ch signatory, jointly a nd severally. In the event of default by any one signatory, each and every other remaining signatory shall be responsible for timely payment of rent and all other provisions of this Agreement. HOUSE AND POOL RULES: Tenant agrees to abide by all rules Impos ed by ma nagement before or after the execution hereof, including, but not limited to rules with respect to noise, odors, disposal of refuse, pets, parking, window coverings and use of common areas. PARKING: Tena nt agrees to use designated pa rking spaces exel usively for parking of motor vehicl es, incl udi ng automobiles, motorcycles and pick-up trucks, but excluding trailers of any kind, mobile homes, campers, buses or trucks larger than three-quarter ton, without the written consent of Owner. Further, this equipment is not to be washed, maintai ned or disassembl ed on or near the general premises without the written consent of Owner. lnoperative automobi | es are not to be stored on premises. TENANT mrnALs - pAGE 2 im m m m W m m ml‘ m m m m RENTAL AGREEMENT, PAGE 2 ' ORDINANCES AND STATUTES: Tenant shall comply with all statutes, ordinances and requirements of all municipal, state and federal authoriti es now i n force, or which may hereafter be i n force pertaining to the use of the premises. CONDITION 0F PREMISES: Tena nt has examined premises and hereby accepts them as being in good order, condition and repair, excepted as noted herein. Tenant agrees to immediately notify Owner of any defects, dilapidation, or dangerous conditions. Tena nt agrees to keep the premises in good order and condition, and to pay Owner for any repairs necessitated by Tena nt misuse or neglect. Tenant-ca used plumbing stoppages will be corrected at Tena nt‘s expens e. Tena nt shall have the right to request the Owner to preinspect the premises within 14 days prior to date of vacation but after providing written notice of intent to vacate. The Tenant will ma ke any request for pre-i nspection in writi ng. ALTERATION 0F PREMISES: Tena nt shall ma ke no alterations or improvements of the premises or do any painting, decorating or aluminum foil wi ndow coveri ng without the prior written consent of Owner. Tenant wi || pay all costs associated with restoring unauthorized alterations or improvements to original condition. Owner must be furnished with dUplicate keys for locks existing or installed in premises. PATIOS AND BALCONIES: Tenant shall maintain extensions of premises visible from common areas within the complex in a clea n, neat, and orderly ma nner. WATERBEDS: Tenant shall furnish management with copy of insura nce pol icy covering damage to rented premises as a result of waterbeds. No waterbeds may be brought onto premises without evidence of sai d pol icy and written cons ent of Owner. PEI' POLICY: Tenant agrees that neither he nor his guests sha || keep or bri ng into said rented premises, or on the grounds thereof, any animal, bi rd, fowl, or pet without the prior written cons ent of Owner. INSPECTION: Tenant agrees that Owner or his agent may at any reasonable time enter the premises or ma ke repairs if notice of ins pection and I or repairs has been given by Owner or agent at least 24 hours in adva nce. Tenant further agrees that Owner or his agent may show the premises to prospective Tenants during the thi rty {30) day period prior to termi nation or to pros pective purchasers of the property or to Iendi ng institutions or thei r representatives at a ny reasonable ti me. TERMINATION: A month to month tenancy under this Agreement may be terminated by Owner or Tenant by the givi ng of one to the other a written notice of intention to terminate the tenancy at least thi rty (30) days prior t'o the date of termi nati on. Rent is payable by Tenant to Owner for said thirty (30) day period and ifTenant vacates prior to the end ofsaid thirty (30) day period, Tenant must nevertheless pay rent for said thirty (30) days as herei n above provided. A lease for a fixed period of ti me may not be termi nated prior to the expi ration of its term unl ess the Owner gives prior written cons ent to such termi nation. ATena nt under a lease for a fixed period of time shall give the Owner thi rty (30) days prior written notice of the exact date he intends to va cate the premises. If written notice is not given by Owner or Tena nt, then the tenancy will continue on a month to month basis. As conditions for such terminati on, and prior to the return of any deposit, Tena nt shall do the fol | owing: completely vacate the premisa, incl udi ng any storage or other areas of the general premises which Tenant may be occupying or in which Tena nt may have goods stored, deliver all keys, personal property listed on the inventory and all personal property furnished for Tenant for use during the term of this Agreement, whether or not listed on the inventory, to Owner in good and clean condition, reasona ble wear and tear excepted, and leave Tenant's forwa rdi ng address. HOLDOVER: Tenant agrees to vacate the premises before 6:00 p.m. on the last day to which he is entitl ed'to possession. Should Tena nt fail to vacate on or before the expiration of said termi nation date, any hol ding over without the prior written cons ent of Owner, shall be deemed a Tena ncy at Sufferance, and Tena nt shall be liabl e to Owner for treble rent as damages therefore. ABANDONMENT: Tenant's absence from the premises for ten (10) consecutive days, whi [e all or any portion of the rent is unpai d, shall be deemed as aba ndon ment of said premises; and this tenancy shaIi at the option of the Owner, terminate without further notice. In such event, Owner may dispose of all of the Tena nt's property remaining on said premises and r&rent said premises without liability to Tenant whatsoever. DEFAULT: In the eventTenantshall fail to pay any part of the rental on the date required or any other sum required to be paid or shall brea ch any other covenant, condition or provision in this Agreement; in addition to all other rights or remedies provided for by law, Owner shall have the right to keep this Agreement in full force and effect and recover the rent as it becomes due, or to termi nate this lease and relet premises. 1n the event Owner elects to rel et the premises, upon said rel etti ng this Agreement shall terminate automaticallywhen the new Tenanttakes possession of the premises, but Tenant shall be raponsiblefor all damages to Owner to thattime. In the event of the termination of this Agreement, Owner shall be entitled to recover from Tenant all amounts permitted by law TENANT INITIALS - PAGE 3 RENTAL AGREEMENT. PAGE 3 LEGAL FEES: If legal action shall be brought by Owner for unlawful detainer, to recover any sums due under this Agreement, or for the breach of any covenant or condition contained in this Agreement, Tena nt shall pay to Owner all costs, expenses a nd actual attorney's fees incurred by Owner in the aforesaid action. Notwithstanding the foregoing, Tenant shall pay to Owner all costs, expenses and third party few incurred by Owner for unlawful detainer, to recover any sums due under this Agreement, or for breach of any covena nt or condition outsi de of any legal action that may or may not be brought against the Tena nt. LIABILITIES: Tenant shall hold Owner and his agents harmless from all claims ofloss or damage to property and injury to or death of persons caused by theintentional acts of negligence of Tenant, his guests, licensees or invitees occurring on the premises rented for Tenant‘s exclusive use. Tenant hereby expressly releases Owner from any and all liability for loss or damage to Tenant's property or effects arising out of water lea kage, brea king pipes or theft or other ca uses beyond the reasonabl e control of Owner. Tenant's possessions placed in public or private storeroorns within the building are so placed atTenant's sole risk and Owner shall have no liability for any loss or damage caused to said possessions whatsoever. GENERAL: Time is of the essence of this Agreement and each provision herein contained. Words used in the singular shall include the pl uraI where the context requi res. The breach of any of the covenants or terms of this Agreement shall be deemed to be a material and total breach of this entire Agreement and shall give riseto all rights of termination by 0wner.This Agreementshall be binding upon and shall inure to the benefit ofthe heirs. Administrators, successors and assigns of aII of the parties hereto, and all of the parties hereto shall bejointly and severally liable hereunder except there shall be no assignment or subletting by Tenant. Each and every term, covena nt and agreement herein contained shalI be deemed a condition hereof. Owner would not have entered into this agreement except'I n sol e rel'1 ance that Tena nt shall perform each and every condition. No oral agreements have been entered into and this agreement shall not be modifi ed unless such modification Is reduced to writing. Waiver by Owner of any breach of any term or condition of this Agreement shall not constitute a waiver ofsubsequent breaches. The invalidity or partial invalidity of a ny provision of this Agreement shall not render the remai nder of the Agreement i nvali d or unenforceabl e. INVENTORY: Tenant acknowledges receiptin good condition of the furnishings listed in the Furnishings Addendum. lfthe unit is unfurnished no furnishings other than what is included in the move in inspection report are included. lfthe unit is furnished a separate addendum will be included to this leasethat lists all inventory'm the unit. The move in checklist dated for move in on ADDFHONALTERMSANDCONDITIONS: In order for this agreement to be valid, Landlord, Tenant and Home First must enter into a concurrent rent subsidy agreement for Home First to pay Tenant's rent to Landlord until such time that Home First shall terminate the Tenant's eligibility under the Home First program (the "Subsidy"). Tenant has acknowledged that he has been financially impacted by COVID-19 and has agreed to waive his right to a COVID-19 defense for protection from eviction due to non-payment of rent at any time in the future in consideration for the accommodation made by the Landlord in approving the Tenant's application to rent. If at any time during Tenant's occupancy the Landlord is notified that the Tenant's benefits under the Subsidy have been terminated, Tenant agrees that he must submit a new application to rent and be approved t0 continue tenancy based upon his own financial ability and compliance with the terms and conditions of the lease during his occupancy to date. The Tenant must submit the new agplication to rent within 30 days of the Subsidy termination. If, in the Landlord's sole discretion, the Tenant does not qualify to rent based on financial ability to pay or previous non-compliance with the terms and conditions of the lease, Tenant agrees to vacate the premises within 30 days of termination of the Subsidy. Tenant acknowlegges that if he is not approved by Landlord, in it soles discretion, to continue to rent after the Subsidy has been terminated and he does not surrender possession of the premises within 30 days of the Subsidy termination, Landlord shall be entitled to evict the Tenant and Tenant shall have no defense against the eviction for any reason. Other rules, policies, terms and conditions areincluded in the attached addendums, dated July 03, 2020 . TENANT INITIALS - PAGE 4 RENTAL AGREEMENT. PAGE 4 RENTlSTO BE PAIDTO: Gower Properties 164 N. Bascom Ave, Suite B San Jose, CA 95128 Please refer to the "Payment Policies & Procedures Addendum" for more information about acceptable forms of payment. THE REF OF THIS PAGE IS INTENTIONALLY LEFT BLANK TENANT INITIALS - PAGE 5 RENTAL AGREEMENT. PAGE 5 ACKNOWLEDGEMENT The undersigned Tena nt(s) and OWner agree to all of the terms and conditions of this agreement to Rent or Lease and the undersigned Tena nt(s) acknowl edge recei pt of a copy of this agreement. This AGREEMENT has been executed on the day and year fi rst above written. ByGOWER PROPERHES (Management I Agent) on behalf of Owner mm n behalf of GOWER PROPERTI ES. By Tenant(s) Edward Jenkins X X X X X X X X X X X X RENTAL AGREEMENT, PAGE 5 Gower Prepertics This document is an Addendum and is part of the Agreement to Rent or Lease dated Juli 03, 2020 between Steven C . Lawlor [Owner/Landlord {Agent} and Edward Jenkins-(Tenant) located at 4 60 S . Buena Vista Avenue, #6, San Jose, CA 95126. 1. Specialrulesspecificto460 S. Buena Vista Avenue, #6, San Jose, CA 95126,?fanszenant may only park in the carport space assigned to Tenant's unit. Tenant may not park in any other carport space nor may Tenant park in any other area on the premises. Guests must park on the street without exception. At no time may tenant use power from the laundry room other than to use the laundry equipment in the laundry room. Laundry room is for the sole use of the Tenant. Tenant guests may not use the laundry room. Tenant agrees to keep the Laundry door locked at all times. 2. Tenant wi [l refrain from usi ng abusive, threatening, or profane language when interacti ng with the Landlord / Agent or any vendors that come to the unit to ma ke repai rs. 3. No pets allowed unless approved in writing by the Owner. Aseparate pet addendum is required that outlines the rules & policies with regard to having a pet. 4. Water Filtration and Water Softener Maintena nce: lfthe unit includes a water filtration and I or water softener system, Tenantshall be responsible for maintaining any filters or additives to the system. Owner will not maintain or replace the systems ifthey fail. No waterbeds allowed unl ess approved in writing by the Owner. No washing of vehicles on the premises. No auto repairs or maintenance of any kind on the premises. This includes anything that resembles "car chopping". 9°.‘49‘5’1 No smoking on the premises. This includes cigarettes, cigars, vaporizers,-marijuana, bangs, or any other similar product] device. Tenantshall befinancially responsible for remediation of the unit for smoke odor, including but not limited to pai nti ng, replacement of floori ng / ca rpets, replacement of window treatments, replacement of sheet rock. 9. Pa rki ng Rules. The fol lowing are the pa rki ng rul es for this property. o Tena nt may only pa rk in thei r assigned pa rking spacets) or area on the property. This may incl ude, but not be limited to an assigned garage, carport, space, or group of spaces in a designated area. o Tenant may not park in disabled parking spaces, if any, without proper disabled parking placard that is up-to-date and Issued in the name of theTenant. o All guests must park in spaces designated for guest parking. If no guest pa rking is designated, guests may park in areas assigned to the Tenant. Otherwise, guests must park on the street. o At no time may a tenant sublease their parking area fspace to another party. o Tena nt must maintain vehiclets) parked on the property in Working condition. o Tena nt must have an up-to-date license/ registration for vehicl e(s) pa rked on the property that is property displ ayed on the license pl ate. o Tenantwill abide byall legally posted parking signs and red-zones. o If a vehicle owner violates these rules on a property with legally posted Towing Signs, the vehicie owner will pay all fees associated with the vehicle being towed. This applies to Tenant vehiclets) or any guest(s). o Rega rdl ess of the foregoi ng, Tena nt agrees to comply with the Parking Rules of the Homeowners‘ Association, if app] ica bl e. RULES 8L POLICIES ADDENDUM (3 PAGES) 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. lfthe property is part of a Homeowners' Association (HOA), Tenant agrees to comply with all directions, rules, and requests of the HOA. Tenantshall be responsible for any fines incurred by Owner for Tenant‘s failure to complywith HOA rules. Tenant acknowledges that the HOA may alter the rules from timeto time and agrees to comply with any changes in the ruies. Tena nt shall follow the-di rections of the munici pality , HOA, or vendor that provides ga rbage col | action for the unit. Tena nt must put trash in the bins provided by the vendor. If Tenant needs to put the bins at the curbside for ga rbage col lection, Tenant will promptly return the bins to an area that is behind a fence or in an area where it cannot be seen from the street. Tenantshall be responsible for cleaning up any mess created from peoplescavengingthrough their trash bins. Tenant shall be responsible for any fines incurred by Owner for Tenant failure to comply with City or Municipality Ordinance for garbage collection.. Tenant has been advised to obtain their own personal properly and liability insurance coverage. Tenant is to maintain the area outside his own door and on patio areas visible from Common Areas. lfit is not maintained in clean and neatcondition, a professional wiII be hired to clean it at theTenant’s expense. Tenant agrees notto litter the common area. No disca rded furniture or appliances can be pl aced on the premises. Utilities are to be paid by the Tenant as outlined in the Rental Agreement lfTenant fails to startservice in their name and the Owner has pai d the cha rges for services during the time of Tana nt occupancy, the Tenant agrees to reimburse Owner. If Tena nt is to pay Garbage to Owner, the amount wi ll be as bi [led by the provider to the Owner. AH rate changes of the garbage service provider will be billed to theTenant. Yard Upkeep:___which includes mowing, weeding, trimming of bushes and trees as well as maintenance oftan bark and landscaping rock. Tenant may not add any additional plantings without prior written consent of Owner/ Management and must keep ya rd free of debris. Tana nt may not erect any special equi pment such as swings, tra mpoii nes, or storage sheds without written consent of Owner! Ma nagement. lfTenant is to maintain yard and does not perform this responsibility, a professional win be hired at the Tenant's expense. Tena nt must comply with the di rections of Owner regardi ng noise. Special ca re should be ta ken before 8:00 am. and after 10:00 p.m. No loud noise, boisterous play, or running in common areas. No slamming ofdoors. Radios, televisions, or any other sound equipment shoul d never be operated to the disturbance of others. Owner’s I Management’s discretion shall be fi nal . Tenants wi || be required to pay for all damage ca us ed by their neg] igence or thoughtiessness to Unit, furnishi ngs, appliances, and laundry equipment. Appliances, plumbing fixtures, heating and electrical systems must be used only for their intended purposes and in the manner for which they 'were designed. Do not drive large nails into woodwork or walls or apply adhesives such as tape, or putin screws or hooks. Ifyou desire to install any appliance or fixture to woodwork or walls or put up a television antenna, consultthe Owner first for help and information in order to avoid damage. Any damage to the walls that requires more than normal and customary spackle will be charged against the security deposit. Laundry: Laundry Facilities on property. May require use of coin operated machines. Machines are maintained by third party. Tenant to contact the vendor of the machines directly if there is a malfunction. o lfthe laundry facilities on the property are in a common Iaundry room,Tenant shall report any unit malfunction to the service compa ny for the machine. The phone number for these types of machina is posted in the laundry room. o Any washing machine that is Tenant property must beinstalled with a washing machine pan to catch any overflow water. o Tenants must use washi ng machinels) accordi ng to ma nufacturer guidel i nes including how much cl othing to put i nto any single load. o Tenant must immediately stop using the washing machine atany sign of a water leak. a Tenant must report any water leak to Owner within 24 hours, including leak of Tenant-owned washing machine. 0 Owner is not responsible for any damage caused by malfunction ofTenant washing machine or dryer, including but not limited to mold abatement. a Tenant will be responsible for any damage to the property from washing machine water leaks and will compensate owner for any expense i ncurred to repai r da mage. All keys must be returned to the Owner upon vacati ng, otherwise Tena nt wi l! be held liable for lock repl acement. RULES & POLICIES ADDENDUM (3 PAGES) ~ 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. No locks may be changed or added to a door without Owner I Agent’s written consent. Duplicate keys to any new or added lock must be provided to ma na gement within 24 hours. There is a cha rge of $25.00 per key to replace a lost or stol en key. The tenant is advised that Owner does not provide around-the-clock locks mith service. If Tenant is locked out of unit, the Tena nt may need to hi re a locksmith to re-key the lock and provide a copy of the new key to the Owner. Any cost to re-key a lock or cut replacement keys is to be borne by the Tena nt. Tena nt may not install portable or other window ai r conditioni ng unit without the written permission of the Owner! Management. Please note that HOA or Apartment Complex rula may apply. Air conditioning units that hang outside of a wi ndow are exprasly prohi bited. Installation of porta ble units that sit on the floor and are vented through a window may be installed ifthere are no other rules with the HOA or Apartment Complex that prohibit it. Tena nt may not install a satel lite dish or antennae without the written permission of the Owner. Owner f Agent res erves the right to enter unit at reasona ble hours to protect the premises and contents from damage, to make repairs, and to show premises to prospective tenants during last 30 days of tenancy. The number of occupa nts is Ii mited by your rental agreement. This Agreement to Rent or Lease contains the names of all Tenants. No other persons are to occupy this unit without prior written approval of Owner. If any Tenant is found to be selling, using or under theinfluence of any controlled substance atthe property, or if any visitor to the unit is found to be selling. using or under the influence ofany controlled substance, then this shall be ca use for immediate termination of the Rental Agreement for all occupants. Tenant is advised to contact 9-1~1 if there is a ny disturbance on the property that is threateni ng or da ngerous. Tena nt should notify the Owner after 9-1-1 has been contacted. This dwelling is supplied with a smoke and ca rbon monoxide detection device. Upon occupa ncy, it will be the Tena nt’s responsibility to regul arly test the detector to assure that the device is in operable condition. The resi dent will inform the ma nager immediater in writi ng of any malfunction, fai | ure or defect of said smoke detector. Tena nt is responsible for battery rgplacement, if requi_red. Ifthe unit has air conditioning or forced heat, theTenant shall be responsiblefor maintenance of air filters and shall replacethem on a regular basis. Tenantshall be charged for any service or maintenance to the equipment that is caused by Tena nt failure to properly maintain the air filter(s). lf Owner must replace an air filter for the Tenant, there will be a mi nimum cha rge of $65.00 for this service pl us the cost of the materials. Owner / Ma nagement may cha nge these rules at any ti me upon reasonable written notice for matters pertaining to issues of law or as mutual Iy agreed by Tena nt and Owner. The monthly rent is to be paid to: Gower Properties 164 N. Bascom Ave, Suite B San Jose, CA 95128 ACKNOWLEDGEMENT The undersigned Tenant(s) acknowledge(s) having read and understood and agreed to the foregoing, and have been given a dupl icate of this agreement. By TenantIs) Edward Jenkins X X X X By Gower Properties (Agent I Management) on behaff of Owner / Landlord Steven C. Lawlor ' 1 ___,____mma- on behalf of Gower Properties (Agent / Management) RULE & POLICIES ADDENDUM (3 PAGES) Gower Properties BED BUG ADDENDUM This documentis an Addendum andis partofthefigreementto Rentor Leasedated Jul! 03, 2020 between Steven C. Lawlor (Owner/Agent)and Edward Jenkins(Tenant)located at460 S. Buena Vista Avenue, #6, San Jose, CA 95126. Tenanfls) acknowledge(s) that the Owner/Agent has inspected the Unit and is aware of no bed bug infestation. Tenant(s) also daim(s) that all furnishings and personal properties that will be moved into the premises are free from bedbugs. Tenant(s) admowledge(s) that the Owner I Agent has recommended that Tenant(s) install a high-quality, bed bug mattress enmsement on all mattresses brought into the unit. If the unit becomes infested and requires treatment, Tenantls) agrees to comply with all directions to make the unit ready for treatment. Tenant(s) acknowledges that Tenant(s) will be held financially liable for professional treatment of any infestation caused by Tenant(s). Tenantts) herebv agree to prevent and control possible bed bug infestation bv adhering to the below list of resgonsibilities: 1. Check for hitchhiking bedbugs. If you stay in a hotel or another home, inspect your clothing, luggage, shoes and personal belongings for signs of bedbugs before r&entering your Unit. Check backpacks, shoes, and clothing after using public tra ns portation or visiting theaters. After guests visit, Inspect beds, bedding and upholstered furniture for signs of bedbug Infestation. 2. Tenant shall report any problems immediately to Owner/Agent. Even a few bedbugs can ra pidly multi ply to create a major infestation that can spread to other Unis. 3. Tenant shall cooperate with pest control efforts. lfyour Unit or a neighbor’s Unit is infested, a pest management professional may be cal led in to eradicate the probl em. Your Unit must be properly prepared for treatment. Resident must comply with recommendations and requests from the pest control specialist prior to professional treatment i ncl uding but not limited to: 1. Placing all bedding, drapes, curtains and small rugs In bags for transport to laundry or dry cieaners. 2. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. 3. Empty dressers, night sta nds and clos ets. Remove all items from floors. Bag all clothes, shoes, boxes, toys, etc. Bag and tightly seal washable and non-washable items separately. Used bags must be disposed of properly. 4. Wash all machi ne-washable bedding, dra pes, and clothing etc. on the hottest water temperature and dry on the highest heat setting. Take other items to the dry cleaner making sure to inform the dry cleaner thatthe items are infested with bedbugs. Discard any items that cannot be deconta mi nated. 5. Move furniture toward the center of the room so that technicians can easily treat ca rpet edges where bedbugs congregate, as well as walls and furniture surfa ces. Be sure to leave easy access to closets. 4. Tenant agrees to indemnify and hold the Owner/Agent harmless from any actions, claims, losses, damages and expenses Including but not limited to attorneys’ fees that Owner / Agent may incur as a resultof the negligence of the Tena nt(s) or any guest occupy] ng or using the premises. BED BUGADDENDUM [4 PAGES] 5. It is acknowledged that the Owner/Agent shall not be liable for any loss of personal property to theTenant(s), as a rault of an infestation of bedbugs. Resident agrees to have personal property insurance to cover such losses. If it becomes necessam to treat the unit for a bed bug infestation, the following steps will be taken by the Tenant Qriorto and following any treatment by a bed bug extermination grofessional. Pregaring For A Bed Bug Treatment o Proper preparation is an e§s ential step for ensuring the most effective results from your upcoming bed bug treatment. We understand that appropriate preparation can be difficult in a short period of time. Howe'ver, please note that we can not proceed with treating your unit if you have not followed the preparations steps outlined be1ow. o Wash all linens, bedding materials, pillows, clothing, stuffed animals, etc., in the highest allowable water temperature and dry on the hottest allowable heatsetting. o All laundered items such as linens, clothing, stuffed animals, etc. should be placed in new plastic bags or plastic containers, sealed tightly and relocated to the living room. o All clothi ng items that ca nnot be Ia undered must be dry-cl ea ned. We recommend leaving these items at the cleaners between the initial treatment and follow-up visit. o Remove all items from closets, including any items on closet shelves. Follow the procedure above for laundering all clothing. No items should remain in closet. o Remove all miscellaneous items from dressers, night stands, chests, etc. and place them in plastic bags or sealed containers int he center of the living room floor. None of these items should rgmain in the bedroom. o Vacuum floors, carpets and area rugs. Usethe crack and crevice attachment around baseboards, bed frames, sofas, and other furniture items. DISCARD VACUUM BAGS 0R CONTENTS AFTER USE by placing contents in a plastic trash bag and tie a knot in the bag to seal it shut. Discard in your trash bin outside the unit. o All luggage that has been Used recently during travel must remalin empty so that it may be inspected and treated if necessary. This includes book bags or any "bag” that you may carry with you whilein public places. o Remove all shelves, picture frames, artwork, wall clocks, and decorative items from walls anyplace on the floor in the same room as they were hanging. These items must be inspected and treated if necessary. o All large piecs of furniture must be pulled away at least 2 feet from the baseboards in every room of your unit. o Birds, cats, dogs, and huma ns must remain out of the home during treatment and at least a minimum of 4 hours after the treatment is complete. Fish, and reptiletanks must be covered or removed. Airfilters and filtration systems for aquatic fish should be turned off during treatment. o All mattress and box spring covers must be removed from mattresses and box springs prior to the exterminator arriving unless you have previously installed an encasement thatwas specifically designed to control, prevent, and eliminate bed bugs. o Remove and disca rd the box spring backing (the thin, fibrous material that is sta pled to the bottom of the box spring) before the treatment. o Cribs, crib mattrasa, and other baby furniture will be inspected and treated as needed. BED BUG ADDENDUM [4 PAGES) o Shoes should be place din new plastic bags or plastic containers, sealed tightly and relocated to the living room. If shoes can tolerate a dryer cycle, first place them in the dryer on hottest cycle for 30 minutes. No shoes should beleft in the bedroom closet. Disgosal of Furniture o There are differing opi nions as to whether or not it is necessa ry to dispose of the mattresses, box spri ngs, futons, sofas and other furniture. Replacing these items alone will not solve a bed bug problem once it has entered your unit. o We recommend the installation of high-quality, bed bug mattress encasements. o Any need to discard the mattress and box spring is often (but not always) eliminated once it has been treated and covered by a high-quality, bed bug mattress encasement. o If you purchase an encasement prior to your treatment, please put them on your furniture immediately after the treatment before you re-assembl e your bed. IfYou Decide to Throw Out Your Furniture o Defa ce, or otherwise damage furniture items so they will not be used by others. o Mattresses should be slashed or otherwise damaged to make them unuéable and should be wrapped in plastic before being removed from the bedroom. Moving beds without completely enclosing them in plastic may spread the i nfestation by al lowi ng eggs, bed bug nymphs, and adult bed bugs to drop from the item moved. o Under no circumsta nces should you put your furniture i n the dumpster on the property or at the curb. You must completely remove it from the property by taki ng it to a dump! Gower Properties wi |l cha rge you for removi ng the item from the property if you do not properly hand! e the removal of a bed-bug infested piece of furniture. Post Treatment I Once the initial treatment has been completed, we recommend staying out of the treated unit for a mi nimum of four hours. This allows for an appropriate amount oftime for the materials used to dry completely. o Only after four hours should you, your children, and/or your pets resume residencein your unit. o From this point forwa rd you may ca rry on with your normal hous ehold activities; however, in order to prevent the need to repeat ma ny of the steps necessary to prepare for your fol low-up treatment, we do recommend that you not move your furniture and items back into placeifatall possible. o ln most cases, a follow-up treatment has already been schedul ed for you and general ly wi || fall withi n 2-3 weeks from the initial treatment. Please speak with the exterminator when they arrive to find out when they pl an on returning. We understand that the thorough preparation may present a considerable hardship for some, but we’ cannot stress the importance that it has on the overall effectiveness of treatment. If you are ghfiimllv una_ble or u_nwilling to perform the tasks to_prepare your unit, you are advised to hire a thirdjartyjrofessional to do it for vou. ACKNOWLEDGEMENT The undersigned acknowledge(s) having read and understood and agreed to the foregoing, and have been given a duplicate of this agreement. By Gower Properties (Agent I Management) on behalf of Owner l Landlord Steven C. Lawlor 1mm 0n behalf of GOWER PROPERTI ES. BED BUG ADDENDUM (4 PAGES) By Tenant(s) Edward Jenkins X X _.|. ‘r X X [ X X BED BUG ADDENDUM {4 PAGES) Gower Properties Regarding Registered Sex Offenders This documentis an Addendum and is partof the Agreement to Rent or Lease dated Jul! 03, 2020 between Steven C . Lawlor (Owner/Agent) and Edward Jenkins (Tenant) located at 4 60 S . Buena Vista Avenue, #6, San Jose, CA 95126. NOTICE: The California Department of Justice, Sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender identification line through which inquiries about individuals may be made. This is a QOO-telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900” tel ephone service. ACKNOWLEDGEMENT The undersigned acknowledge(s) having read and understood and agreed to the foregoing, and have been given a duplicate of this agreement. By Gower Properties (Agent I Management) on behalf of Owner/ Landlord Steven C. Lawlor Llama on behalf of GOWER PROPERTIES. By Tenant(s) Edward Jenkins X X X X X X X X J X X X X J DATABASE DISCLOSURE ADDENDUM (1 PAGE) REGARDING REGISTERED SEX OFFENDERS 9', ' .-' "3.3.; .5: MOLD & MILDEW ADDENDUM This documentisanAddendumandis partoftheAgreementto Rentor Leasedated July: 03, 2020 between Steven C. Lawlor(0wner/Agent)and Edward Jenkins(Tenant)|ocated at460 S. Buena .Vista Avenue, #6, San Jose, CA 95126. Mold and mildew are problems that are especially prevalentin high moisture areas, such as the Pacific Northwest. Mold and mil dew spores are present in the envi ronment and ca n’t be eli minated. Excess moisture is the leadi ng ca use of mo] d or mi | dew growth indoors. However, most sources of moisture can be controlled by simple procedures under your control. In order to reduce the incidence of mol d and mil dew, protect your own health and the condition of your Unit, Tenant(s) agree to the fol lowing: 1. Keep the humidity below 40%. 1.1. Use bathroom fans during and for 45 minutes after bathing or showering. If no fan is available, open windowslightly for ventilation for the same amount of ti me. 1.2. Use.the fan above the stove whenever ceokingl or if no fa n, open a wi ndow s lightly for venti | ation. 1.3'. Cover fish tanks. 1.4. Do not us ed propane or keros ene space heaters indoors. 1.5. Use a dehumidifier during humid months. 1.6. Do not keep an excess number of house plants. 2. Keep the temperature down and provide adequate ventilation: 2.1. Keep housetemperature between 50 and 70 degrees at all times. 2.2. Open multiplewindows atleast twice a day for 2 or 3 minutes to allow cross ventilation of the dwelling. 2.3. Allow at [east 2 inches between furniture and walls to aid ventilation. 2.4. Open closet doors to al [ow ventilation. 3. Clean regularly and thoroughly. 3.1. Clean bathrooms and kitchen with mold killing products. 3.2. If mold or mildew appears on walls, ceilings, floors, or around tubs or sinks, immediately remove the mold or mildew. Following is the cleaning method recommended by the EPA: Mold growth can be removed with commercia! deam'ng products or a weak bleach solution {one-cup bleach in one galion of water). Wear gloves during cleanup and be careful not to spread the mold. Sensitive peopie who have to dean up mold should wear a tight-fifiing face mask. 3.3. Dry any water that spills from showers, sinks, etc. 3.4. Clean up spills on carpets, rugs or floors and thoroughly dry the carpet or rug. 3.5. Regu] arly check and cl ean the window tracks and keep free of condensation. 4. Notify Owner] Management immediately of excess moisture problems. 4.1. Water leakage, lea king pl umbing, lea king tubs or shower, or running toilets. MOLD 8: MILDEW ADDENDUM (2 PAGES) 4.2. lfyou have attempted to clean mold or mildew and it reappears quickly or you were not able to remove it, report the mold or mil dew to Owner / Management i mmediately. Tenant(s) understa nd and agree that fai | ure to do any of the enumerated acti ons in this Addendum shall constitute both a material non-compliance with the Agreement to Lease or Rent. Tena nt will be fi na ncial [y responsible for all damage resulting from thei r fail ure to comply with this Addendum. ACKNOWLEDGEMENT The undersigned acknowledge(s) having read and understood and agreed to the foregoing, and have been given a duplicate of this agreement. By Gower Properties (Agent I Management) on behalf of Owner I Landlord Steven C . Lawlor mm on behalf of GOWER PROPERTI ES By Tenant(s) Edward Jenkins X X X X X X X X X X X X MOLD 8: MILDEW ADDENDUM (2 PAGES) RENTERS INSURANCE ADDENDUM This documentis an Addendumandis partofthefigreementto Rentor Leasedated July 03, 2020 between Steven C. Lawlor_(0wner/Agent)and Edward Jenkins(Tenant)located at460 S. Buena Vista Avenue, #6, San Jose, CA 95126. Tenant is REQUIRED to obtain Renters Insurance. If requi red, the Tenant must provide Owner with evidence of coverage withi n 30 days of taking possession of the unit. ReQuired renters insurance should include coverage for property, liability, medical payments, and additional living expens es. Other optional coverages such as a floater policy, replacement cost coverage, and identity shield is never required and at the Tenant‘s discretion. INSURANCE FACTS FOR TENANTS I General Iy, except under speciaI circumstances, the OWNER/ MANAGEMENT IS NOTIegally re5ponsib|e for loss to theTenant’s personal property, possessions or personal liability, and OWNER’S INSURANCE WILL NOT COVER suc'h losses or da mages. o If damages or injury to Owner’s property is caus ed by Tenant, Tena nt’s guest(s) or child (children), the Owner‘s insura nce compa ny may have the right to attempt to recover from the resi dent’s payments ma de under Owner’s policy. o Following is a non-Inclusive list of examples of possible costly misfortunes that, except for Special circumstances, you could be held legally responsible for: Your babysitter injures himself/herself in your Unit. Your defective electrical extension cord starts a fire which causes damage to the building and your personal property or the personal property of others. Afriend or your handyman is injured while helping you slide out your refrigerator so you can clean behind it. While you are fixing your television set, a handyman hired by you is injured when he slips 'on the floor you havejust waxed. Your locked car is broken into and your personal property and that of a friend is stolen. A burglar breaks your front door lock and steals your valuables or personal property. o If you desire to protect yourself and your property against loss, damage or liability, the Owner strongly recommends you consult with your insura nce agent and obtain appropriate coverage for fire, theft, liability worker’s compensation and other perils. The cost is reasonable considering the peace of mind, the protection and the financial recovery of loss that you get if you are adequately protected by insura nce. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK RENTERS INSURANCE ADDENDUM {2 PAGES) ACKNOWLEDGEMENT The undersigned acknowledge(s) having read and understood and agreed to the foregoing, and have been given a duplicate of this agreement. By Gower Properties (Agent / Management) on behalf of Owner] Landlord _Steven c . Lawloz- mm on behalf of GOWER PROPERTI ES. By Tenant(s) Edward Jenkins X X x X X X X X X X X X RENTERS lNSU RANCE ADDENDUM (2 PAGES) 113:»... '3 w u .‘- TENANT FLOOD HAZARD DISCLOSURE This documentis an Addendum and'is partoftheAgreementto Rentor Lease dated July 03, 2020 between Steven C. Lawlor(0wner/Agent}and Edward Jenkins(Tenant)located at460 S. 'Buena Vista Avenue, #6, San Jose, CA 9512‘6. INFORMAHON ABOUT FLOOD HAZARDS: Tenant is informed of the following: a It is UNKNOWN if the Property is located in a special flood hazard area or an area of potential flooding. Property is deemed to be in a special flood hazard area or area of potential floodingifany of the fol lowing scena rios apply: (A) The owner has actual knowledge of the fact; (B) The owner has received written notice from any public agency stating thatthe Property is located in a special flood hazard area or an area of potential flooding; (C) The Property is located in an area In which the owner's mortgage holder requires the owner to carry flood insurance. (D) The owner currently carries flood insura nce. o The tenant may obtain information about hazards, inclUding flood hazards, that may affect the Property from the Internet Web site of the Offi ce of Emergency Services, My Haza rds Tool (http://myha za rds.ca|oes.ca.gov). o The owner's insura nce does not cover the loss of the tenant's personal possessions and It is recommended that the tena nt consider purchasing renter's insurance and flood insurance to insure his or her possessions from loss dueto fire, flood, or other risk of loss. o The owner is not required to provide additional information concerningthe flood hazards to the Property and thatthe information provided pursua nt to this section (California Government Code section 8589.45) is deemed to inform the tenant. ACKNOWLEDGEMENT 0F TENANT FLOOD HAZARD DISCLOSURE The undersigned acknowledge(s) having read and understood and agreed to the foregoing, and have been given a duplicate of this agreement. By Gower Properties (Agent I Management) on behalf of Owner l Landlord _Steven C . Lawlor X ' mum on behalf of GOWER PROPERTIES, Owner's Agent By Tenant(s) Edward Jenkins X X X X X X X X X X X X TENANT FLOOD HAZARD ADDENDUM MOVE-IN & MOVE-OUT POLICIES ADDENDUM This documentis anAddendum andis partoftheAgreementto Rentor Lease dated July 03, 2020 between Steven C. Lawlor_(0wner/Agent)and Edward Jenkins(Tenant)located at460 S. Buena Vista Avenue, #6, San Jose, CA 95126. 1. Unit is to be leftin thesame condition or better when vacating. A "Move-In Condition Check List” is done with each Tenant at the time of movei n and moveout. 2. We charge for dirt. Normai wear and tear is not dirt. Your Unit is to be left as clean as it was when you took possession. Thatincludes clean stove, refrigerator, cabinets -inside and out, shower and tub, toilets, floors, ca rpets, drapes/mini-blinds and windows -inside and outside. Carpets are to be professionally steam-cleaned. 3. If items are left behind inside the Unit, garage or yards, they will be considered abandoned and will be ha uIed off at Tenant’s expense. 4. Security deposit is refundable. Ifthere are any charges, they will be deducted from the deposit and the balance of the deposit wi || be refunded. 5. Owner's policy on painting is, if a room or entire unit must be repainted because simple touch up painting is not possible, the following scheduleapplies: o One to 10 months Tenants pay 100% of costs a Ten to 18 months Cost is split 50/50 between Owner and Tena nt o 18 months or more Owner pays 100% of costs 6. The Tena nt may requestin writing a pre-ins pection of the premises up to 14 days prior to moving out. During this inspection, the Owner will adviseTenant of any issues that need to be remedied in order to receive refund of the security deposit. The requestfor a preinspectionshould besentto: Gower Properties, 164 N. Bascom Ave, Suite B, San Jose, CA 95128 ACKNOWLEDGEMENT The undersigned acknowledge(s) having read and understood and agreed to the foregoing, and have been given a duplicate of this agreement. By GOWER PROPERTIES ("Agent“) on behalf of Owner X .um On behalf of GOWER PROPERTI ES. By Tenant(s) Edward Jenkins X X X X X X X X X X X X MOVE-IN & MOVE-OUT POLICIES ADDENDUM A Gewer Properties DISCLOSURE 0F INFORMATION ON LEAD-BASED PAINT ANDIOR LEAD-BASED PAINT HAZARDS This documentisanAddendum andis partoftheAgreementto Rentor Lease dated July 03, 2020 between _(Owner/ Agent)and Edward Jenkins(Tenant)located at460 S. Buena Vista Avenue, #6, San Jose, CA 95126. Lead Warning Statement Housing built before 1978 may contain fead-based pain t. Leadfrom paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure 1's eSpacfaHy harmfu! to young children and pregnant women. Before renting pre-1978 housing, lessor: must disclose the presence ofknown Iead-based paint and/or lead-based paint hazards in the dwelling. Lessees must aiso recéive a federally approved pamphlet on lead poisoning prevention. Owner Disclosure (a) Presence of lead-based paint and/or Iead-based paint hazards (check (i) or (ii) below): (i) ( ) Known lead-based paintand/or lead-based paint hazards are presentin the housing (explain). (ii) ‘ (X ) Owner has no knowledge oflead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports availableto the lessor (check'(i) or (ii) below): (iii) ( ) Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards In the housing (list documents below). (iv) (X ) Owner has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Tenant's Acknowledgment (i nitial) (c) Lessee has received copies of all information listed above.mmmmmmmmmmmm (d) Lessee has received the pa mphlet Protect yourFamilyfmm Lead in YourHome.mmmmmmmmmmmm Agent's Acknowledgment (e) Agent has informed the Lessor or the Lessor’s obl ig'ations under 42 U.S.C. 4852(d) and is awa re of his/her responsibility to ensure compliance. um CERTIFICATON OF ACCURACY: The fol lowing pa rties have reviewed the information above and certify, to the best of thei r knowledge, that the i nformation they have provided is true and accurate. By GOWER PROPERTIES ("Agent") on behalf of Owner mum: 0n behalf of GOWER PROPERTIES. By Tenanfls) Edward Jenkins LEAD BASED PAINT DISCLOSURE (2 Pages) LEAD BASED PAINT DISCLOSURER Pages) Gowcr Properties PAYMENT POLICIES AND PROCEDURES ADDENDUM This documentis an Addendum and is partofthe Agreement to Rent or Lease dated July O3, 2020 between Steven C . Lawlor (Owner / Landlord lMent) and Edward Jenkins (Tenant) located at 460 S. Buena Vista Avenue, #6, San Jose, CA 95126. The following outlines the payment policies and procedures that will govern the Agreement to Renter Lease. Per the terms of the Rental Agreement, Owner / Agent may modify or add new rules and policies at any time at their sole discretion. This addendum applies only to those units where rent is paid each month to Gower Properties or Michael Gower. 0 OO OO Due on the 15* -all renm and fees are due on the 15t of the month. Acceptable forms of payment for on-time payments Electronic Payments using PayLease (or Tenant Web Access); Personal Checks; Money Orders; Cashier’s Check,- NO CASH atthe office. Cash Pay is available at several third party locations such as Walmart. Please ask a Gower Properties repres entative to get your Cash Pay accountset up. o Don’t pay late! Late Fee of 10%will be charged for any outstanding rent balances on the 6th of the month; Notice to Pay or Quit will be sewed on you if you do not pay your rent, in full, when due. Upon service, you will have 3 days to pay your rent or vacate your rental property. Thosefailing to pay or vacate will be served with an Eviction Notice. lfyou are served with at3 Day Notice to Pay Rent or Quit, you must make your payment with a Cashiers Check or Money Order. Other forms of payment will not be accepted. o Post-Dated Checks-no post-dated checks (or held checks) will be accepted. o Don't Bounce a Check! 0 0 Returned Check Fee of 3%will be cha rged for any returned checks ma de paya bleto Gower Properties or Michael Gower; PayLease will charge you a fee for any payments returned to them for non-s uffi cient funds; Late Fee of 10% for past due rent will be charged to your account ifyour bounced check results in your rent being past due; All future payments must be paid with certified funds (Money Order, Cashier's Check, or through PayLease). o Payments are applied in the following order; o Oldest month fees (e.g. ga rbage, late fees, pa rking, etc.) o Oldest month rent balance o Current month fees (e.g. ga rbage, late fees, parking, etc.) o Current month rent balance ACKNOWLEDGEMENT The undersigned Tena nt(s) acknowledge(s) having read and understood and agreed to the foregoing, and have been given a duplicate of this agreement. PAYMENTPOLICIES & PROCEDURES (2 Pages) By Gower Properties (AGENT) on behalf of Owner] Landlord Steven C . Lawlo: On behalf of Gower Properties (AGENT) By Tenanfls) Edward Jenkins X X X X X X X X _ X PAYMENT POLICIES & PROCEDURE [2 Pages) Gower- Properties CALIFORNIA TENANT PROTECTION ACT OF 201 9 LEASE ADDENDUM This document is an Addendum and is part ofthe Agreement to Rent or Lease dated July 03, 2020_ between Steven 1. C. Lawlor (Owner! LandlordlAgent)and Edward Jenkins (Tenant)|ocated at 460 S. Buena Vista Avenue, #6, San Jose, CA 95126. ‘ .1 In 2019, California enacted th’e Tenant Protection Act of 2019 ("Act“) implementing statewide rent control and just cause evi_ction protections at rental properties subject to the Act This Addendum relates to the provisior'is of the Act and remains in force until the repeal of the Act or the termination of Resident's tenancy at the Premises, whichever occurs first 2. Resident hereby acknowledges receipt of the following Notice from Landlord as required by the Tenant Protection Act of 2019. Landlord has marked which of the following four options applies t0 this lease. Tenant must initial their acknowiedgment of each option as marked or not marked by Landlord. ( ) California law limits the amouht your rent can be increased. See Section 1947.1 2 0f the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more 0r at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information. r Tenant acknowledges that this provision DOES NOT apply: mmmmmmmmmmmm ( ) This Property is not subject to the rent limits imposed by Section 1947.1 2 of the Civil Code and is not subject to thejust cause requirements of Section 1946.2 of the Civil Code. This PrOperty meets the requirements of Sections 1947.1 2(d)(5) and 1946.2(e)(8) of the Civil Code and‘the owner is not any of the following: (1) a real estate investment trust, as defin‘éd by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one mem'ber is a corporation. Tenant acknowledges that this provision DOES NOT apply: mmmmmmmmmmmm ( ) The Property is not currently subject to the rent limits imposed by Section 1947.1 2 of the Civil Code and is not subject to thejust cause requirements of Section 1946.2 of the Civil Code because the Property received its certificate of occupancy less than fifteen years ago. The Property will become subject to the provisions of the Act on (does not apply to this lease). As of that date, Landlord advises: C-ALIFORNIA TENANT PROTECTION ACT OF 2019 ADDENDUM (4 PAGES) Gowcr Properties This documentis an Addendum and is partof the Agreement to Rent or Lease dated Jul! 03, 2020 between Steven C. Lawlor (Owner l Landlord / figent) and Edward Jenkins (Tenant) located at 4 60 S . Buena Vista Avenue, # 6 , San Jose, CA 95126. This policy is for changes in Named Tenants and does not apply to earlytermination of a rental agreement. It does not apply If Tenant is payi ng rent di rectly to Owner. It is mea nt to address changes in roommates where one or more of the original Named Tenants in the original leasewill continue to reside in the unit, while another roommate is moving out and being replaced by a new roommate. lt also applies to when the Named Tenants wish to add an occupant to the lease. Owner is under no obligation to approve of the early termination of a Named Tenant nor ére they obligated to approve of an additional or change in Named Tenants. Tenants who move out prior to the end of the term of the lease are still obligated to pay rent and abide by all terms of the agreement unless specifically released from the contract by Landlord. Furthermore, Tenant(s) admowledge that Landlord may terminate the Rental Agreement upon the termination of any Named Tenant on the Rental Agreement. 7. Outgoing Tenants Must Give Notice - All Named Tena nts movi ng out prior to the end of the Lease and wa nting to have their name removed from the iease must provide Landlord with written 30-Day notice of their intent to vacate. They must provi de a forwarding address and sign a waiver of their claim to any security deposit refund. 8. Removing a Named Tenant Must be Approved - Landlord must approve of removal of any Named Tenant. Landlord is under no obligation to honor or approve a request by a Named Tena nt to be removed from a rental agreement. 9. Incoming Tenants Must Apply - All incoming adult tena nts (18 yea rs or older) must submit an application to rent and be approved by Landlord grior to moving into the property. 10. Processing Fee - All incoming or new tena nts must pay a $75.00 Courtesy Fee to Gower Properties as pa rt of the appl ication to be added to the Lease Agreement This Courtesy Fee must be paid In cas h, money order, cas hi er's check, or electronical ly on PayLease or other payment method as may be designated by Gower Properties in the future. 11. Occupancy Rules Apply -At no time during the term of the rental agreement may the occupa ncy of the unit exceed what is written into the lease or two (2) persons per bedroom, whichever is less. 12. Addition of Children - lf during the term of the rental agreement, a chi [d (under 18 years of age) is moved into the unit, the Tenant must notify Landlord in writing. The addition of the child must not make the occupa ncy of the unit more than two (2) persons per bedroom. 13. Addendum to Change Named Tenants - All tena nts must execute an Addendum to Cha nge Named Tenants, Incl uding the incoming or new tenants as well as the tenants that are not changing as named tenants on the lease. This addendum must be executed by all parti es PRIOR to the move-i n of the new tena nt. 14. Right to Modify Security Deposit -The Landlord shall retai n the right to an increased security deposit when changing the Named Tena nts. Landlord sha ll advise Tenant of this request at the time of approving of any cha nging the Named Tena nts. 15. New Rental Agreement May Be Required - | n the event that none of the original tena nts wi ll continue to resi de i n the unit, or the existing rental agreement is on a month-to-month basis, Landlord may require a new 12-month rental agreement to be signed by all the Named Tena nts once cha nges in named tena nts have been approved. ACKNOWLEDGEMENT The undersigned Tenant(s) acknowledge(s) having read and understood and agreed to the foregoing, and have been given a dupl icate of this agreement. By Tenant(s] Edward Jenkins POLICYTO CHANGE NAMED TENANTS (2 PAGES) ‘t By Gower Properties (AGENT) on behalf of Owner! Landlord Steven C . Lawlor 1mm on behalf of Gofier Properties (AGENT) POLICYTO CHANGE NAMED TENANTS (2 PAGES) Exhibit C 201 4-1 -CV-275011 E. Jenkins vs Michael O'Flannigan, Individually And Officially Case Information Case Type: Professional Negligence Unlimited (25) Case Number: 2014-1-CV-275011 Filing Date: 12/29/2014 Case Status: CIosed/Inactive Court Location: Civil PARTIES Show A|| v entries A Type First Name Defendant Plaintiff Edwa rd Showing 1 to 2 of 2 entries Attorneys Show A|| v entries A Representing No data available in table Showing O to 0 of 0 entries Search: Middle Name Charles Search: First Name Last Name Michael O'Flannigan, Individually Anc Jenkins Previous 1 Next Middle Name Exhibit C Previous 1 Next 1 EVENTS Show A|| v entries v File Date 1/22/2016 8/24/2015 8/24/2015 5/1 8/2015 2/27/2015 1/6/2015 12/29/2014 12/29/2014 12/29/2014 12/29/2014 File Type Minute Order Document: Other Proof of Service: Mail Response/Reply Application: Ex Parte (Fee Applies) Order 0n Court Fee Waiver (FW- 003) New Filed Case Civil Case Cover Sheet Complaint (Unlimited) (Fee Applies) Summons: Issued/Filed Search: Filed By Edward Jenkins, Edward Jenkins, Michael O'Flannigan, Individually And Officially, Edward Jenkins, Edward Jenkins, Edward Jenkins, Edward Jenkins, Michael O'Flannigan, Individually And Officially, Edward Jenkins, Michael O'Flannigan, Individually And Officially, Edward Jenkins, Michael O'Flannigan, Individually And Officially, Comment Minutes Non-Criminal Text = Plt's Status Report (Pro Per) Legacy |\ Text = for Plt's Status Report (Pro Per) Lega‘ of Svc/Regular Mail Decision = M Closed = 0 Text = Re: Dismissal/any order of dismissal; 15 10:01AM D-O3 (Pro Per) Legacy Name = C Opposition to OSC Decision = M Closed = 05 Text = For Court to Order Service of Ntc; Sur Complaints per Edwardsjenkins in pro perl Ex Parte Appl Decision = M Closed = 02/27/2 Legacy Name = Order on Court Fee Waiverl = 01 /06/201 5 Legacy Name = CV Case Cover Sheet Decisic 12/29/2014 Legacy Name = CV Complaint Filed/Summs M Closed = 12/29/2014 Legacy Name = CV Summons Filed Decision 12/29/2014 v File Date File Type Filed By Comment 12/29/2014 Request to Edward Jenkins, Legacy Name = Req to Waive Court Fees De Waive Court 12/29/2014 Fees (FW-001) Showing 1 to 11 of11 entries Previous 1 Next 4 > HEARINGS Show Search: All v entries Department Type v Date Time Department3 Hearing: OSC Dismissal Failure to Appear 1/21/2016 10:00AM Department 3 Hearing: OSC Dismissal Failure to Appear 6/25/201 5 10:00AM Department 3 Conference: Case Management 4/28/2015 2:15PM Showing 1 to 3 of 3 entries Previous 1 Next < > ~ Superior Court of California, County of Santa Clara MINUTE ORDER E. Jenkins vs Michael O'Flannigan, Individually And Officially 2014-1-CV-275011 Date of Hearing: January 21, 2016 10:00 AM Hearing: OSC Dismissal Failure to Appear ~ Location: Department 3 ElfVing, William J Heard By: Jeanie Alma Courtroom Reporter: Parties Present: Exhibits: - No Appearance. Case Dismissed Without Prejudice Courtroom Clerk: Mark Rosales Court Interpreter: Court Investigator: Future Hearings: January 21, 2016 Hearing OSC Dismissal Failure 1.0 Appear - 2014-1- Prmlecl 1/21/2016 Page 1 of 1 CV-275011 Exhibit D 201 4-1 -CV-275009 E. Jenkins vs Michelle Floyd, Individually And Officially Case Information Case Type: Professional Negligence Unlimited (25) Case Number: 2014-1-CV-275009 Filing Date: 12/29/2014 Case Status: CIosed/Inactive Court Location: Civil PARTIES Show A|| v entries A Type First Name Claimant Defendant Plaintiff Edwa rd Showing 1 to 3 of3 entries Attorneys Show A|| V entries A Representing No data available in table Search: Middle Name Charles Search: First Name Last Name Courtcall, LLC Michelle Floyd, Individually And< Jenkins Previous 1 Next Middle Name Exhibit D Showing 0 to 0 of 0 entries 4 EVENTS Show A|| v entries v File Date 9/14/2015 9/9/201 5 6/17/2015 6/12/2015 6/1 2/2015 6/5/2015 5/22/2015 12/30/2014 12/29/2014 12/29/2014 12/29/2014 File Type Notice: Dismissal of Action Order Opposition/Objections Notice: Lien Claimant Notice OrderAfter Hearing - POS Response/Reply Order on Court Fee Waiver (FW-003) New Filed Case New Filed Case New Filed Case Previous 1 Next > Search: Filed By Edward Jenkins, Courtcall, LLC, Courtcall, LLC, Edward Jenkins, Edward Jenkins, Comment Legacy Name = CV-NtczDismissal of Action Decis Text = this case is DISMISSED without prejudice 27-15 OSC hearing - signed byJudge Lucas Lega Closed = 09/14/2015 Text = to OSC/Dismissal 8/27/1 5 @10201 am in D- Decision = M Closed = 06/17/2015 Text = re Ntc of lien onpreeds onjudgment/sett LLc) Legacy Name = CV Ntchien Claimant Decisi Text = re Ntc of lien: CourtCaII. Amt to be detern Torres. Courtcall, LLC) Legacy Name = CV Ntc of. 06/23/2015 Text = It is the Order of this Court that Plt Edwar telephonically at his hearing via Court Call by an complies with prison security, at 10:01am the da fee for the telephonic appearance is waived. Mr with court call at 1-888-882-6878 three(3) courtt to reserve the hearing three(3) court days prior, hearing byJudge Lucas Legacy Name = CV Ord/ = 06/09/2015 Text = to OSC re: Failure to Appear by Plt (In Per Decision = M Closed = 05/22/2015 Legacy Name = Order on Court Fee Waiver Deci: v File Date 12/29/2014 12/29/2014 12/29/2014 12/29/2014 File Type Civil Case Cover Sheet Complaint (Unlimited) (Fee Applies) Summons: Issued/Filed Request to Waive Court Fees (FW-001) Showing 1 to 15 of 15 entries 4 HEARINGS Show A|| v entries Department Department 2 Department 2 Department 2 Filed By Edward Jenkins, Michelle Floyd, Individually And Officially, Edward Jenkins, Michelle Floyd, Individually And Officially, Edward Jenkins, Michelle Floyd, Individually And Officially, Edward Jenkins, Comment Legacy Name = CV Case Cover Sheet Decision = Legacy Name = CV Complaint Filed/Summs Issu 12/29/2014 Legacy Name = CV Summons Filed Decision = M Legacy Name = Req to Waive Court Fees Decisio Previous Type Search: Hearing: OSC Dismissal Failure to Appear Hearing: OSC Dismissal Failure to Appear Conference: Case Management V Date 8/27/2015 5/28/2015 4/28/2015 1 Next Time 10:00AM 10:00AM 3:00PM Showing 1 to 3 of3 entries Previous 1 Next < Exhibit E 201 5-1 -CV-286285 E. Jenkins vs M. Floyd Case Information Case Type: Professional Negligence Unlimited (25) Case Number: 201 5-1-CV-286285 Filing Date: 9/29/2015 Case Status: CIosed/Inactive Court Location: Civil PARTIES Show Search: A|| v entries A Type First Name Defendant Michelle Plaintiff Edwa rd Showing 1 to 2 of2 entries Attorneys Show Search: A|| v entries A Representing First Name No data available in table Showing O to 0 ofO entries Middle Name Chafles Previous 1 Next Middle Name ExhibitE Previous 1 Next 1 EVENTS Show A|| v entries v File Date 6/23/2016 6/20/2016 6/3/2016 5/4/201 6 4/28/2016 2/3/201 6 1/14/2016 11/24/2015 11/6/2015 10/23/2015 10/9/2015 File Type Fee Waiver Order-Deny Fee Waiver Application Clerk Rejection Letter Order Minute Order Minute Order Statement: Case Management Conference Default Not Entered Proof of Service: Summons DLR (Civil) Notice: Reassignment of Case Order on Court Fee Waiver (FW-003) Filed By Edward Jenkins, Edward Jenkins, Edward Jenkins, Edward Jenkins, Michelle Floyd, Edward Jenkins, Edward Jenkins, Michelle Floyd, Edward Jenkins, Michelle Floyd, Edward Jenkins, Search: Comment DENIED byJudge Zayner. FW001 No money for mtn This case is dismissed without prejudice due to no appee 28-16 OSC hearing - signed byJudge Zaynor Minutes Non-Criminal Minutes Non-Criminal In pro per. The proof of service of summons is missing the notice aI acknowledgment of receipt as stated in #5c. Legacy Name = CV Proof of Svc Compl/Pet/Summons De 11/1 0/2015 Legacy Name = CV NtczReassignment of Case Decision = 10/23/201 5 Text = Fee Waiver GRANTED as to Plaintiff Edward Charle byJudge Peter H. Kirwan; Proof of Service Legacy Name Fee Waiver Decision = M Closed = 10/09/201 5 v File Date 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 File Type New Filed Case Showing 1 to 18 of 18 entries 4 HEARINGS Show A|| V entries Department Department 6 Department 6 Filed By Comment Civil Case Edward Legacy Name = CV Case Cover Sheet Decision = M Closet Cover Sheet Jenkins, Michelle Floyd, Complaint Edward Legacy Name = CV Complaint Filed/Summs Issued Decis (Unlimited) Jenkins, 09/29/2015 (Fee Applies) Michelle Floyd, Document: Edward Legacy Name = CV Complex Fee Payment Decision = M C Complex Lit Jenkins, Michelle Floyd, Complex Edward Text = 8, 9. Legacy Name = CV Complex Lit/Provisional D‘ Litigation: Jenkins, = 09/29/2015 Provisional Michelle Floyd, Summons: Edward Legacy Name = CV Summons Filed Decision = M Closed = Issued/Filed Jenkins, Michelle Floyd, Request to Edward Legacy Name = Req to Waive Court Fees Decision = M Ch Waive Court Jenkins, Fees (FW-001) Previous 1 Next > Search: Type v Date Hearing: Order to Show Cause 4/28/2016 Conference: Case Management 1/26/2016 Showing 1 to 2 of 2 entries Previous 1 Next < Exhibit F 16CV301 128 Street Snacks Incorportated et al vs James Curtis et al Case Information Case Type: Business Tort/Unfair Bus Prac Unlimited (07) Case Number: 16CV301128 Filing Date: 10/17/2016 Case Status: CIosed/Inactive Court Location: Civil PARTIES Show A|| v entries A Type First Name Defendant Defendant James Defendant Helen Plaintiff Plaintiff Edwa rd Showing 1 to 5 of 5 entries Attorneys Show A|| v entries A Representing Search: Middle Name Chafles Search: First Name Last Name Bay Area Financial Se Curtis Curtis Street Snacks Incorp Jenkins Previous 1 Next Exhibit F Middle Name A Representing No data available in table Showing 0 to 0 of O entries 4 EVENTS Show A|| v entries v File Date 7/15/2019 7/1 5/2019 7/11/2019 5/2/2019 1/14/2019 9/19/2018 9/19/2018 6/26/2018 5/31/2018 4/1 8/2018 4/4/201 8 4/4/201 8 First Name Middle Name Previous 1 Next > Search: File Type Filed By Comment Order It is the Order ofthis Court this case is dismissed wi Proof of Service: Mail Minute Order Minute Order Minute Order Minute Order Minute Order Minute Order Notice: Entry of Order Order Minute Order Minute Order to entire case due to no appearance by Plt *signed re: Order ofdismissal James Pro Se Curtis, Helen Curtis, James It is Ordered that DefJames & Helen Curtis Motioni Curtis, Default entered against Defs is hereby Set Aside by Helen Curtis, v File Date 4/3/2018 4/3/2018 2/27/2018 2/1 6/2018 2/16/2018 2/1 6/2018 2/1 6/2018 2/9/201 8 2/5/201 8 1/29/2018 1/29/2018 11/30/2017 11/21/2017 File Type Minute Order Minute Order Minute Order Showing 1 to 25 of 50 entries 4 HEARINGS Show First Paper Filed - Helen Taken on Motion to Set Aside Default Fee Curtis, Notice of Motion James and Motion for Order Setting Aside Defaults 04/03/1 Curtis, Pro Pers Helen Curtis, Memorandum: James Points and Curtis, Authorities Helen Curtis, Declaration: In James of Helen Curtis Support Curtis, Helen Curtis, Fee Waiver Order- Helen Deny Curtis, Fee Waiver Helen Application Curtis, Fee Waiver James Application Curtis, Fee Waiver Order- James Signed by Clerk. Grant Curtis, Request: Dismissal Minute Order Previous 1 2 Next > Filed By Comment Search: A|| v entries Department Department 19 Department 19 Department 19 Department 2 Department 19 Department 19 Department 19 Department 19 Department 8 Department 8 Department 9 Department 13 Type Hearing: OSC Dismissal Failure to Appear Conference: Further Case Management OSC: Dismissal Failure to Serve Conference: Settlement Conference: Trial Setting Motion: Order Conference: Further Case Management Conference: Further Case Management Conference: Further Case Management Hearing: OSC Sanctions CRC 3.740 Serve Conference: Case Management Motion: Quash Showing 1 to 12 of 12 entries V Date 7/11/2019 5/2/201 9 1/10/2019 9/1 9/2018 6/26/2018 4/3/201 8 4/3/2018 2/27/2018 11/21/2017 7/20/2017 2/14/2017 1/10/2017 Time 10:00AM 10:00AM 10:00AM 9:00AM 11:00AM 9:00AM 10:00AM 10:00AM 10:00AM 10:00AM 3:00PM 9:00AM Previous 4 Result Continued: Co Motion Continued: Co Motion Continued: Co Motion Held Continued: Co Motion Continued: Co Motion Held Continued: Co Motion Held Held Not Held Held 1 Next SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA F I L EPlaintiff: ‘ STREET SNACKS INCORPORATED, et al Defendant: BY DE ITYJAMES CURTIS, et al W H ORDER 0F DISMISSAL Case No. l6cv301128 This matter came on for hearing before Honorable PETER H. KIRWAN, Department 19 on 7/ 1 1/19 for the following: E Failure to appear at a previous hearing by E PLAINTIFF D all parties E Failure to Serve D Order to Show Cause Re: Sanctions/Dismissal D Case Status Review Re: Status of dismissal D Dismissal after settlement RE: 3. 1 385 E No Special Appearance and No Telephonic Appearance ordered. D Other: Good cause appearing, it is the ORDER of this court: E This case is dismissed without prejudice E Entire Case D (Partial) Dismissal ONLY as to: E No appearance by E Plaintiff D No appearance by all parties D Dismissal after settlement RE: 3.1385 D Other: Dated: E H...- “ o \L ‘-._..w Honorable Peter Kirwan '1 x x S \ 3 JUDGE OF THE SUPERIOR COURT Exhibit G 16CV301 642 Edward Jenkins vs Edward Howard Case Information Case Type: Business Tort/Unfair Bus Prac Unlimited (07) Case Number: 16CV301 642 Filing Date: 10/25/2016 Case Status: CIosed/Inactive Court Location: Civil PARTIES Show A|| v entries A Type Defendant Plaintiff Showing 1 to 2 of 2 entries Attorneys Show A|| v entries A Representing No data available in table Showing 0 to 0 of 0 entries Search: First Name Edward Edward Search: First Name Middle Name Charles Previous 1 Next Middle Name Exhibit G Previous 1 Next 1 EVENTS 4 HEARINGS Show All v entries v File Date 5/22/2017 4/12/2017 2/22/2017 1/23/2017 10/26/2016 10/25/2016 10/25/2016 10/25/2016 10/25/2016 10/24/201 6 Showing 1 to 10 of 10 entries Show All v entries Department Department 6 Search: File Type Filed By Declaration: Non-Service EdwardJenkins, Proof of Service: Summons DLR (Civil) Edward Jenkins, Minute Order Default Not Entered Edward Jenkins, Edward Howard, Fee Waiver Order-Grant Edward Jenkins, New Filed Case Civil Case Cover Sheet Complaint (Unlimited) (Fee Applies) Summons: Issued/Filed Fee Waiver Application Edward Jenkins, Comment Your POS- Previous 1 Next Search: Type v Date Conference: Case Management Showing 1 to 1 of1 entries 2/21/2017 Previous Next ~ SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA NON-CRIMINAL MINUTE ORDER~ Edward Jenkins vs Edward Howard Hearing Start Time: 4:00 PM 16CV301642 HearingType: Conference:Case Management Date of Hearing: February 21, 2017 Comments: Heard By: Strickland, Elizabeth Location: Department 6 Courtroom Reporter: - No Record Transcribed Courtroom Clerk: Maggie Castellon Court Interpreter: Court Investigator: Parties Present: Future Hearings: Exhibits: - Set for order to show cause for failure to appear. Set on 7-27-17 at 10:00 am. in Dept. 6. Plaintiffs failure to appear may result in the dismissal ofthe case. Printed: 2/22/2017 February 2], 2017 Conference: Case Management - 16CV301642 Page 1 of 1 ~ CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 OWENS DRIVE, SUITE 410 PLEASANTON, CALIFORNIA 94588 KOOOQQUI-PUJNr-t NNNNNNNNNHHHHHHHHHH OOQQM-PWNHOKOOOQQM-PWNHO Jenkins, Edward Charles V. Homefirst, et al. Santa Clara County Superior Court Case N0. 21CV378983 PROOF OF SERVICE [Code ofCiv. Proc. §§ 1011, 1013, 1031a, 2015.5] METHOD OF SERVICE: By Personal Service D By Mail D By Overnight Delivery D By Messenger Service D By Facsimile By E-Mail/Electronic Transmission H I am a citizen 0f the United States and am employed in the County 0f Alameda, State 0f CALIFORNIA. I am over the age 0f 18 years and not a party t0 the within action. E9 My place 0f employment is 5860 Owens Drive, Suite 410, Pleasanton, California 94588. 3. On the date set forth below, I caused t0 be served a true and correct copy 0f the document described as: DECLARATION OF ASHLEY N. MEYERS IN SUPPORT OF DEFENDANTS EX PARTE APPLICATION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT AND REQUIRE PLAINTIFF TO FURNISH SECURITY PURSUANT TO CCP SECTION 391.1 OR IN THE ALTERNATIVE FOR AN ORDER SHORTENING TIME ON A MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT I served the documents 0n the persons below, as follows: In Pro Per Edward Charles Jenkins 460 South Buena Vista Avenue, Apt. 6 San Jose, CA 95126 (408) 401-8347 4. The document(s) was served by the following means (specify): a. BY PERSONAL SERVICE. I caused t0 be personally delivered the documents t0 the persons at the addresses listed in item 4. (1) For a party represented by an attorney, delivery was made t0 the attorney 0r at the attorney's office by leaving the documents in an envelope 0r package clearly labeled t0 identify the attorney being served with a receptionist 0r an individual in charge 0f the office. (2) For a party, delivery was made t0 the party 0r by leaving the documents at the party's residence with some person not less than 18 years 0f age between the hours 0f eight in the morning and six in the evening. b. D BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope 0r package addressed t0 the persons at the addresses in item 4 and (specify one): (1) D deposited the sealed envelope with the United States Postal Services, with the postage fully prepaid. (2) D placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that 4 DECLARATION OF ASHLEY N. MEYERS CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 OWENS DRIVE SUITE 410 PLEASANTON, CALIFORNIA 94588 \DOONO‘xUI#UJN>-t NNNNNNNNNHHHt-HHt-HHt-t OONONUIhUJNHOKDOOQONUI#WN>-‘O D I am a resident or employed in the County where the mailing occurred. The envelope 0r package was placed in the mail at Pleasanton, California, County 0fAlameda. d. (State) I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct. (Federal) declare that I am employed in the offices of a member 0f the bar of this court at whose direction this service was made. I declare under penalty ofperjury that the foregoing is true and correct. Executed on April 22, 2021 at Pleasanton, California. correspondence is placed for collection and mailing, it is deposited in the ordinary course of business With the United States Postal Service, in a sealed envelope With postage fully prepaid. U BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): (1) U placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business‘s practice for collecting and processing correspondence for mailing. On the same day that corre spondence is placed for collection and mailing, it is deposited in the ordinary course of business With the United States Postal Service, in a sealed envelope with postage fully prepaid for said certified mail/return receipt number (See attached copies 0f Certified Mail/Return Receipts Requested.) D BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I place the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. D BY MESSENGER SERVICE. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a professional messenger service for service. D BY FAX TRANSMISSION. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 4. No error was reported by the fax machine that I used. BY E-MAIL OR ELECTRONIC TRANSMISSION. I caused all of the above-entitled document(s) to be sent to the recipients listed by electronic mail only based on the notice provided on March 18, 2020, that during the Coronavirus (Covid- 19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. [/flVf/fl{Wk Noel A. Morales l, 5 DECLARATION OF ASHLEY N. MEYERS
