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Mar-23-2005 8:44 am
Case Number: CUD-05-613659
Filing Date: Mar-23-2005 8:39
Juke Box: 001 Image: 01163201
COMPLAINT
SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al
001001163201
Instructions:
Please place this sheet on top of the document to be scanned.UD-100
950
San
“Renoid WEE Bianca PPO SES
|_Arnold W. Evje II, Esq.
Qak Street
Francisco , California 94117
TeLePHone NO: (415) 861-6070 —— Faxno. copionay:(415) 861-6073
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): San Francisco Housing Authority
—~ 1 sun fi seTeseeo
FILE
OURT
SUPER
Ty) PEANCISCO
05 HAR 23 AM & 40
GORDON PARK ~ 1.1, CLERK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street appress:400 Mc Allister Street
main aopress:400 McAllister Street
cry ano zie cove:San Francisco 94102
sraNcH Name: Superior Court - Limited Jurisdiction
wou’
PLaintiFF: San Francisco Housing Authority
DEFENDANT: Elise Grant and Does 1-10
(3) does 1T0_10.
COMPLAINT — UNLAWFUL DETAINER* CASE NUMBER:
(3 compcaint [—] AMENDED COMPLAINT (Amendment Number): GW-05 613659
X
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE
Amount demanded LX_J does not exceed $10,000
([] exceeds $10,000 but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
[1 from unlawful detainer to general unlimited civil (possession not in issue)
from unlawful detainer to general limited civil (possession not in issue)
Limited Civil Case
from limited to unlimited
from unlimited to limited
1, PLAINTIFF (name each): San Francisco Housing Authority
alleges causes of action against DEFENDANT (name each): Elise Grant and Does 1-10
2. a. Plaintiff is (1) L_] an individual over the age of 18 years. (4) L_] a partnership.
(2) EX a public agency. (5) a corporation.
(3) (1) other (specify):
b. [) Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
12
1 Cameron Way, San Francisco, 94124,
CA
4. Plaintiffs interest in the premises is [xX] as owner [_] other (specify):
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onorabout (date): 12/1/2004 — defendant (name each):Elise Grant and Does 1-10
b.
* NOTE: Do not use this form for evictions after sale (Code Cit
Form Approved for Optional Use
prioe To
(1) agreed to rent the premises asa [CX] month-to-month tenancy [_] other tenancy (specify):
(2) agreed to pay rent of $233.00 payable [X] monthly [“] other (specify frequency):
(3) agreed to pay rent onthe [X] first of the month [] other day (specify):
this [XJ written (J oral agreement was made with
q) plaintiff. 3) CJ
(2) CC] plaintiff's agent. (4) other (specify):
Proc., § 1161a).
Judicial Council of California
UOLTOO Pav, Janary 1, 208)
COMPLAINT—UNLAWFUL DETAINER
plaintiff's predecessor in interest.
Page 10f 3
wil Code, § 1940 et seq,
Code of Civil Procedure §§ 425.12, 1166
www: courtnfo.ca.gov
LexisNexis® Automated California Judicial Council FormsDEFENDANT(Name): Elise Grant and Does 1-10
|_ PLAINTIFF (Name): San Francisco Housing Authority [~ NUMBER:
6. c. EX] The defendants not named in item 6a are
q) Gd
subtenants.
(2) [2] assignees.
(3) [xc] other (specify): unapproved occupants in possession
d. [7] The agreement was later changed as follows (specify):
e. LX] Acopy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
f. [1] (orresidential property) A copy of the written agreement is not attached because (specify reason):
(1)
the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) [7] this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
7. EX] a. Defendant (name each): Elise Grant and Does 1-10
was served the following notice on the same date and in the same manner:
(1) [__] 3-day notice to pay rent or quit (4) 3-day notice to perform covenants or quit
(2) [__] 30-day notice to quit (5) [_] 3-day notice to quit
(3) [_] 60-day notice to quit (6) [x] Other (specify):30 Day Notice to Cure or Quit
b. (1) On (date): February j*], 2005 _the period stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
. All facts stated in the notice are true.
ax]
e. Ix]
£9
The notice included an election of forfeiture.
A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
§ 1166.)
One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required by
items 7a-e and 8 for each defendant.)
8, a. LX] The notice in item 7a was served on the defendant named in item 7a as follows:
(1) [] by personally handing a copy to defendant on (date): January 18, 2005
(2) [1 by leaving a copy with (name or description): , person
of suitable age and discretion, on (date): at defendant's [__] residence [__] business
AND mailing a copy to defendant at defendant's place of residence on (date):
because defendant cannot be found at defendant's residence or usual place of business.
(3) [J by posting a copy on the premises on (date): [1 AND giving a copy to a person found
residing at the premises AND mailing a copy to defendant at the premises on (date):
(a) [J because defendant's residence and usual place of business cannot be ascertained OR
(b) [J because no person of suitable age or discretion can be found there.
(4) (2) Wot for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered mail
addressed to defendant on (date):
(5) [] (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. LJ (ame): was served on behalf of all defendants who signed a joint
written rental agreement.
c. L_] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
d. [] Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
9. Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
10. (__] atthe time the 3-day notice to pay rent or quit was served, the amount of rent due was $
11, CJ the fair rental value of the premises is $ per day.
UO-TOO Rev erway 1, 2905] COMPLAINT—UNLAWFUL DETAINER
Page 2 of 3
LexisNexis® Automated California Judicial Council FormsPLAINTIFF (Name):San Francisco Houschg Authority NUMBER:
DEFENDANT (Name): Elise Grant and Does 1-10
12. [1] Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure
section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.)
13. [—] Awritten agreement between the parties provides for attorney fees.
14, [] Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,
and date of passage):
Plaintiff has met all applicable requirements of the ordinances.
15. CX] Other allegations are stated in Attachment 15.
16. Plaintiff accepts the jurisdictional limit, if any, of the court.
17. PLAINTIFF REQUESTS
a. possession of the premises. f. [] damages at the rate stated in item 11 from
b. costs incurred in this proceeding: (date:) for each day that
c. [_] past-due rent of $ defendants remain in possession through entry of judgment.
d. LJ reasonable attorney fees. g. [_] statutory damages up to $600 for the conduct alleged in
e. [X] forfeiture of the agreement. item 12.
h. LC] other (specify): such other and further relief as the
18. Number of pages attached (specify): & court deems proper
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
19. (Complete in all cases.) An unlawful detainer assistant [x] didnot [_] did for compensation give advice or assistance
with this form. (/f plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:)
a. Assistant's name: c. Telephone No.:
b. Street address, city, and zip code: d. County of registration:
e. Registration No.:
c. Expires on (date):
Date:March 21, 2005
Amold W. Evie Il »
{TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTO!
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
| am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date: March 21, 2005
San Francisco Housing Authority »
(TYPE OR PRINT NAME)
Lee Qthtac boat
UO-100 Fev January. 208 COMPLAINT—UNLAWFUL DETAINER Pagers
(SIGNATURE OF PLAINTIFF )
LexisNexis® Automated California Judicial Council FormsoO Py DA WH FF WY
BSB ESRES
19
21
8
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ATTACHMENT 15
Plaintiff alleges that it is a public agency and,
therefore, exempt from the requirement that the Unlawful
Detainer Complaint be verified. Code of Civil Procedure
Section 446(a).
Plaintiff further alleges that as a public agency, it
is exempt from the Court filing requirements.
Plaintiff further alleges that the premises described
above are exempt from the San Francisco Residential Rent
Stabilization and Arbitration Ordinance as that term is
defined, in that, the premises rents are controlled by a
government agency, and are "subsidized" by HUD (Housing and
Urban Development) .S
SAN FRANCISCO HOUSING AUTHORITY
440 Turk Street I’ San Francisco, Ca 94102 T Phone: (415) 55401200 I Fax: (415) 554-1216
THIRTY- |OTICE TO CURE OR QUIT
TO: Elise Grant
PLEASE TAKE NOTICE THAT YOU HAVE VIOLATED THE FOLLOWING SECTIONS OF YOUR DWELLING
LEASE AGREEMENT DATED April 3, 1956 » FOR THE PREMISES LOCATED AT __
121 Cameron Way San Francisco CA_94124
1. SECTION 6B___, WHICH STATES: Tenant shall, when requested to do so by the SFHA.
furnish complete and accurate information as to: (1) Household composition (including full
name, sex, social security number, and date of birth for each household member).(2) each
household Member’s income amount, the source of that income, and the place of employment;
(3) any other information requested _by the SFHA to make determinations with respect_to
Monthly Rent, continued eligibility, accessibility needs, and appropriate dwelling unit size.
Failure to provide such information shall constitute a serious violation of the Lease and grounds
for eviction.
YOU HAVE VIOLATED THE ABOVE SECTION(S) OF YOUR LEASE BY THE FOLLOWING ACTION OR
INACTION ON YOUR PART:___You failed to make and/or keep your appointment to complete your
Re-certification.
PLEASE TAKE NOTICE THAT IF EACH OF THE FOREGOING VIOLATIONS IS NOT CURED WITHIN THIRTY
(30) DAYS AFTER SERVICE OF THIS NOTICE ON YOU, YOU MUST VACATE THE PREMISES AND DELIVER UP
POSSESSION OF THE PREMISES TO THE LANDLORD, THE SAN FRANCISCO HOUSING AUTHORITY. YOUR
FAILURE EITHER TO CURE THE VIOLATIONS OR TO VACATE THE PREMISES WITHIN THE DESIGNATED
THIRTY-DAY PERIOD MAY RESULT IN LEGAL ACTION BEING TAKEN AGAINST YOU WHEREIN
POSSESSION OF THE PREMISES WILL BE SOUGHT AND WHEREIN DAMAGES FOR SUCH THINGS AS RENT,
COURT COST, ATTORNEY FEES, ETC. MAY BE SOUGHT.
YOU HAVE THE RIGHT TO REPLY TO THIS NOTICE. YOU HAVE THE RIGHT TO EXAMINE SAN FRANCISCO,
HOUSING AUTHORITY DOCUMENTS RELEVANT TO THE LEASE VIOLATION. ADDITIONALLY, YOU HAVE
A RIGHT TO REQUEST A HEARING IN ACCORDANCE WITH THE SAN FRANCISCO HOUSING AUTHORITY’S
GRIEVANCE PROCEDURE. IF YOU WANT A HEARING, YOU OR YOUR AUTHORIZED REPRESENTATIVE
MUST SUBMIT A WRITTEN REQUEST TO YOUR PROPERTY MANAGER’S OFFICE WITHIN TEN (10) DAYS
FROM THE DATE YOU RECEIVED THIS NOTICE OR YOU MAY GO TO YOUR PROPERTY MANAGER’S OFFICE
WITHIN TEN (10) DAYS FROM THE DATE YOU RECEIVED THIS NOTICE AND FILL OUT A “REQUEST FOR A
GRIEVANCE HEARING” FORM. IF YOU DO NOT FILE A REQUEST FOR A GRIEVANCE, AN EVICTION ACTION
MAY BE FILED IN COURT AGAINST YOU.
YOU ARE FURTHER NOTIFIED THAT THE UNDERSIGNED ELECTS TO DECLARE THE FORFEITURE OF THE
LEASE UNDER WHICH YOU HOLD POSSESSION OF THE PREMISES IF YOU FAIL TO PERFORM AS
INDICATED ABOVE.
DATE: HOUSING AUTHORITY OF THE CITY AND COUNTY
/ I ef oS OF SAN FRANCISCO
440 TURK STRE!
SAN IFORNIA 94102
DATE:
Erica Flowers
(PRINT NAME)
Rev: 10/15/02 Bu iB rt ; 2 yy%
SAN FR._