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  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. ELISE GRANT et al UNLAWFUL DETAINER - RESIDENTIAL document preview
						
                                

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MOO San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet 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 BN RB 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._