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  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
  • SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al UNLAWFUL DETAINER - RESIDENTIAL document preview
						
                                

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MICA San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Nov-22-2005 8:53 am Case Number: CUD-05-616524 Filing Date: Nov-22-2005 8:50 Juke Box: 001 Image: 01329791 COMPLAINT SAN FRANCISCO HOUSING AUTHORITY VS. SPUDTRINA CHAPPLE et al 001001329791 Instructions: Please place this sheet on top of the document to be scanned._UD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State feces, and address). FOR COURT USE ONLY Arnold W. Evje II (State Bar # 12. [Arnold W. Evje II, Esq. 950 Oak Street San Francisco , California 94117 mt T TELEPHONE NO: (415) 861-6070 — FAXNO.(Optonay: (415) 861-6073 yy E-MAIL ADDRESS (Optional) San] “wacisee County Supariart ATTORNEY FOR (Name): San Francisco Housing. Authority NOV 2 Se Ea aM See FRANTIC 2700s MAILING ADDRESS: McAllister Street 3 civy ano zip cove: San Francisco 94102 of PRRUN PAR lerk srancu nawe: Superior Court - Limited Jurisdiction . Deputy clerk PLAINTIFF: San Francisco Housing Authority DEFENDANT: Spudtrina Chapple and Does 1-10 Inclusive SUMMONS ISSUED CX] poes1To _10 COMPLAINT — UNLAWFUL DETAINER* GaD'0s 6165 2 4 [2] complaint [__] AMENDED COMPLAINT (Amendment Number): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded [X_] does not exceed $10,000 [1 exceeds $10,000 but does not exceed $25,000 (1 AcTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000) [1 action is RECLASSIFIED by this amended complaint or cross-compiaint (check all that apply): [1 from untawful detainer to general unlimited civil (possession not in issue) [1 from timited to untimited (1 from unlawful detainer to general limited civil (possession not in issue) [1] from unlimited to limited 4. PLAINTIFF (name each): San Francisco Housing Authority alleges causes of action against DEFENDANT (name each): Spudtrina Chapple and Does 1-10 Inclusive 2. a. Plaintiffis (1) -] an individual over the age of 18 years. (4) [_] a partnership. (2) [X] a public agency (5) [1] acorporation. (3) [J 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, ip code, and county): 27 Turner Terrace, San Francisco, CA 94107 4. Plaintiffs interest in the premises is [7X] asowner [__] _ other (specify): 5. The true names and capacities of defendants sued as Does are unknown to plaintiff. . . 6. a. Onorabout (date): | 5/1/2005 defendant (name each): Spudtrina Chapple and Does 1-10 Inclusive WiOVv AD (1) agreed to rent the premises as a month-to-month tenancy [_] other tenancy (specify): (2) agreed to pay rent of $25.00 payable [X] monthly [_] other (specify frequency): (3) agreed to pay rent on the first of the month [__] other day (specify): b. This [XX] written [[_] oral agreement was made with (1) £2) plaintitt (3) (1 plaintiffs predecessor in interest. (2) CX] plaintiffs agent. (4) (2) other (specify): * NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Page tof 3 *inia Oona favor COMPLAINT—UNLAWFUL DETAINER Gait Pca wow. ,ca.gov ‘UD~100 Rev. July 1, 2006} aie amir|_ PLAINTIFF (Name): San Francisco Housing Authority CASE NUMBER: DEFENDANT(Name): Snudtrina Chapple and Does 1-10 Inclusive 6. c. [XC] The defendants not named in item 6a are (1) subtenants. (2) CX) assignees. (3) other (specify): unapproved occupants in possession d. [(_] The agreement was later changed as follows (specify): e CKXJA copy 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.) £ CO (For residential property) A copy of the written agreement is not attached because (specify reason): (1) [1 | the written agreement is not in the possession of the landlord or the landlord's employees or agents. (2) [1 this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)). a. Defendant (name each): Spudtrina Chapple and Does 1-10 Inclusive was served the following notice on the same date and in the same manner: (1) oo 3-day notice to pay rentor quit (4) CI 3-day notice to perform covenants or quit (2) Co 30-day notice to quit (5) CI 3-day notice to quit (3) C1 60-day notice to quit (6) CX) Other (specify): 30 Day Notice to Cure or Quit b. (1) On (date): August 19, 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. . LX1 The notice included an election of forfeiture. . [1 A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.) f. [J 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. [X] The notice in item 7a was served on the defendant named in item 7a as follows: (1) Co by personally handing a copy to defendant on (date): (2) oH by leaving a copy with (name or description): a person of suitable age and discretion, on (date): at defendant's [1 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. by posting a copy on the premises on (date): 7/20/05 [] AND giving a copy toa person found residing at the premises AND mailing a copy to defendant at the premises on (date): July 20, 2005 (a) [1 because defendant's residence and usual place of business cannot be ascertained OR (b) (1 because no person of suitable age or discretion can be found there. (4) [-] _ (Nof 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) co (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written commercial lease between the parties. 9 oo b. [] (Name): was served on behalf of all defendants who signed a joint written rental agreement. c. [_] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c. 4. [_] Proof of service of the notice in item 7a is attached and labeled Exhibit 3. Page 20f 3 BP AOO Tee 4 208) COMPLAINT—UNLAWFUL DETAINER LexisNexis® Automated California Judicial Council Forms~ ~ |_ PLAINTIFF (Name):San Francisco Housing Authority ‘CASE NUMBER DEFENDANT(Name): Spudtrina Chapple and Does 1-10 Inclusive 9. (J Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 10.) At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 41. [-] The fair rental value of the premises is $ per day. 12. [] 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. [1] 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. [X] Other allegations are stated in Attachment 15. 416. Plaintiff accepts the jurisdictional limit, if any, of the court. 17. PLAINTIFF REQUESTS a. possession of the premises. f. oO damages at the rate stated in item 11 from b. costs incurred in this proceeding: (date): for each day that c. [1] past-due rent of $ defendants remain in possession through entry of judgment. d. [1 teasonable attorney fees. 9. [J «statutory damages up to $600 for the conduct alleged in item 12. e. LX] forfeiture of the agreement. h. CX1 other (specify): such other and further relief as the 18. [x] Number of pages attached (specify): 6 court deems proper UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 19. (Complete in all cases.) An unlawful detainer assistant [5] 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. f. Expires on (date): Date: November 22, 2005 . f Amold W. Evje Il » CLO LS (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) 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: November 22, 2005 San Francisco Housing Authority » (TYPE OR PRINT NAME) See cot ‘UD-100 [Rev. July 1, 2005} Page 3of 3 COMPLAINT—UNLAWFUL DETAINER {SIGNATURE OF PLAINTIFF ) LexiyNexis® Automated California Judicial Council Forms(A) (B) (Cc) (A) (B) (c) (0) (E (A 8 (C; (0) (E (F) (A) (B) (c) (D) SAN FRA\= i ( Li + \ ‘SAN FRANCISCO HOUSING AUTHORITY LEASE -- PAGE 1 OF 4 yeMan or{E) If Tenants claim that a Household Member’ >” Vacated the Residence, then the SFHA may! that the Household Member no longer lives at the Residence. (F) The SFHA shall have the right to demand that Tenants submit to an interim rent the Monthly Rent is appropriate. Tenants may make reasonable requests for a (G) If the SFHA increases the Monthly Rent pursuant “dire Tenants to submit satisfactory proof it review if the SFHA has cause to believe that a change in (H) If the SFHA decreases the Monthly Rent pursuant to the review, then the revised Monthly Rent shall be eff ti month following the completion of the review, ’ seve on the fist day ofthe 7. DEPOSITS (A) At or before move-in, Tenants shall Pay an amount equal to the Monthly Rent or $50, whichever greater, as a security deposit. (B) The SFHA may use the security deposit at the termination of the Lease for any purpose permitted by California law, The SFHA shall return the security deposit to Tenants within three weeks after Household Members have vacated the Residence, less any deductions permitted by law. The SFHA may collect a pet deposit in accordance with the Pet Policy. Tenants may request a refund of the pet deposit upon the termination of tenancy or after they provide satisfactory documentation that they no longer have any pets. The SFHA shall refund such deposit only after an inspection of the Residence for pet damage and after making reasonable deduction for such damage. The SFHA shall be under no obligation to maintain moneys paid toward security or pet deposits in a segregated account. The SFHA shall be under no obligation to pay interest on these deposits. 8. UTILITIES, APPLIANCES AND SERVICES If the SFHA provides utilities, Tenants may use a reasonable amount of gas or electricity at no cost, as determined by a utility allowance schedule published by the SFHA. Tenants agree to pay the SFHA reasonable charges for the consumption of gas or electricity in excess of these allowances at rates established by the SFHA. If the SFHA does not provide utilities, then Tenants shall Purchase utilities directly from the provider. (In such cases the Monthly Rent shall already be adjusted downward by the amount set forth in the SFHA’s utility allowance schedule.) The actual cost of utilities shall not be deducted from Monthly Rent. The SFHA has no obligation to pay Tenants’ utility bills. The utility allowance schedule and excessive utility consumption charge rates shall be available at the Development office. The SFHA may change and adjust the schedule and charges (and Monthly Rent, if appropriate) at any time after giving appropriate notice. The SFHA shall not be responsible for failure to provide utilities because of Tenants’ failure to pay bills or any other reason beyond its control. The SFHA shall furnish the Residence with the equipment and utilities listed on the pre-occupancy statement described in Section 9. The SFHA shall also provide reasonable sewer and garbage collection services and reasonable amounts of running water. The-SFHA shall charge Tenants for any service, repair, maintenance or equipment made necessary by Tenants’ failure to keep the Residence (including appliances) in good condition, except for normal wear and tear. Tenants shall pay for the repair of damage to SFHA property, including Development buildings, equipment, and common areas, and for cleaning or extermination, made necessary by Household Members or their guests. Charges assessed to Tenants for maintenance or repair services, or for excessive utility consumption, shall be charged to the Tenants’ account and shall be due and payable on the first day of the second month following the month in which the charges are incurred. 9, PET PROHIBITION Dogs and other animals are prohibited unless specifically permitted by the SFHA Pet Policy and a written amendment to this Lease. The current Pet Policy is available at the Development office or from the SFHA. Keeping an animal in violation of the Pet Policy shall be grounds for immediate termination of this Lease and eviction. 10. INSPECTIONS AND ENTRIES The SFHA and Tenants shall inspect the Residence before Tenants take occupancy. The SFHA shall furnish a written statement of the condition of the Residence and the utilities and equipment provided with the Residence. Tenants and the SFHA shall sign the statement. (B) Tenants shall submit to an annual inspection of the Residence, upon request of the SFHA. (C) The SFHA may conduct interim inspections of the Residence if it has cause to believe that an unsanitary or hazardous condition exists, or if Tenants have failed or refused to cooperate with inspections, maintenance, repairs, or pest control. The SFHA shall inspect the Residence when Tenants vacate and shall furnish a statement of damage to the Residence, including charges to be deducted from the security deposit. Tenants may participate in the pre-termination inspection. Tenants, by requesting the SFHA to perform maintenance or make repairs at the Residence, shall give the SFHA permission to enter the Residence without notice. Tenants shall permit the SFHA, upon reasonable advance notice, to enter the Residence during normal business hours so that the SFHA may perform routine inspections or maintenance, make improvements or repairs, or show the Residence for re-leasing. A written statement specifying the purpose of the entry delivered to the Residence at least forty-eight (48) hours in advance shall be considered reasonable. lf all adult Household Members are absent from the Residence at the time of entry by the SFHA, then the SFHA shall leave in the Residence a written statement specifying the date, time and purpose of the entry. The SFHA may enter the Residence without advance notification when it has cause to believe that an emergency exists, or if the Residence appears abandoned, or to make repairs requested or agreed to by Tenants. (I) The SFHA may permit a peace officer or building or health inspector to enter the Residence upon presentation by such official of a warrant or order, or to arrest a person that a peace officer believes to be in the Residence, or if a peace officer orders the SFHA employee to open the Residence. (Cc) (0) (A (B (Cc) (D) ({E (F) {A (D) (E (F) (G (H 11. TRANSFERS If the SFHA determines that: (1) the size of the Residence is no longer appropriate for the Household composition; or (2) a transfer is necessary to protect the health or safety of a Household Member or another SFHA resident; or (3) a transfer is necessary so that the SFHA may repair, retrofit, replace or modify the Residence; or.(4) a Household Member needs to live in a unit with special features (eg., handicap access) not available at the Residence; then the Household shall transfer to an alternate SFHA unit within 30 days of written Notification by the SFHA that the unit is available. Upon receipt of the keys to the new unit, Tenants shall immediately transfer all personal property to the new unit. Transfers made pursuant to Section 11(A)(1) shall be at Tenants’ sole expense. If the Household transfers to another dwelling unit, this Lease shall terminate and a new written lease agreement shall be executed for the new dwelling unit. By transferring Tenants to another dwelling unit, however, the SFHA shall not waive its right to terminate the lease for that new unit or to evict the Household from that unit based upon conduct that occurred before the transfer (when Tenants resided at the Premises). If any member of the Household transfers to a new dwelling unit after the SFHA initiates an eviction proceeding, then the SFHA may re-file the action or amend its pleadings to request possession of the new dwelling unit, without waiver of the original violation. 12. SFHA OBLIGATIONS AND RESPONSIBILITIES (A! (B The SFHA shall: _ (A) Maintain the Residence and the Development in a decent, safe, and sanitary condition. (B) Comply with applicable building and housing codes and federal requlations materially affecting health and safety. (C) Make necessary repairs to the Residence. _ Lo (D) Keep Development buildings, facilities and common areas in a clean and safe condition. ei bok \ SAN FRANCISCO HOUSING AUTHORITY LEASE -- PAGE 2 OF 4 \euaror(E) Maintain in good and safe working order at-—