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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-17-2014 4:01 pm
Case Number: CGC-11-515105
Filing Date: Jul-17-2014 4:00
Filed by: CAROL BALISTRERI
Juke Box: 001 Image: 04555246
DECLARATION OF
CANDLESTICK POINT - THE COVE OWNERS ASSOCIATION VS. AJAZ H. SYED
001004555246
Instructions:
Please place this sheet on top of the document to be scanned.@ @
| ey
Sup,
1 || Jan A. Kopczynski, State Bar No. 201040 ence acd, D
jak@rocklawcal.com “ncisco
2 || RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP
555 Montgomery Street, Suite 820
3 }] San Francisco, California 94111
4 Tel: 415.433.4949/ Fax: 415.433.7311
5 || Attorneys for Plaintiff
6 Candlestick Point - The Cove Owners’ Association
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10 | CANDLESTICK POINT - THE COVE CGC-11-515105
OWNERS’ ASSOCIATION, a California
11 | corporation, Declaration of Jan A. Kopezynski in
12 Plaintiff, Support of Candlestick Point - The Cove
Owners’ Association’s Application for
13 vs. Default Judgment by the Court against
Defendant Ajaz Syed
14 || AJAZ SYED,
Dept: TBD
5 Defendant. Judge: TBD
16 Filed: October 14, 2011
Amended: March 18, 2013
17
18 /
19 I, Jan A. Kopezynski, declare as follows: BY FAX
20 L I am an attorney duly licensed to practice before all the courts of the State of
21 || California, and 1 am a member in good standing of the State Bar of California. I am a partner
22 || with the law firm of Ram, Olson, Cereghino & Kopezynski LLP, counsel of record for plaintiff
23 || Candlestick Point —- The Cove Owners’ Association (“Association”) in this case. I respectfully
24 || submit this declaration in support of Association’s application for a default judgment by the
25 || Court against defendant Ajaz Syed. The facts stated in this declaration are true and correct based
26 || on my own personal knowledge, and, if asked to testify as to the truth of these facts, I could and
27 |} would competently do so,
28 2. In May 2011, my firm was retained by Association for purposes of commencing a
-l-
engcrano® Declaration of Jan A. Kopezynski in Support of Plaintiff —
KOPCLYNSKILLP Application for Default Judgment against Ajaz Syed No. CGC-1]-515105
Suite 820,
Sau Francisco, CA 41111 | legal action against defendant Ajaz Syed (“defendant”) for delinquent homeowners assessments,
2 || late fees, interest charges, and for collection costs incurred by Association’s collection agent,
3 || A.S.A.P. Collection Services, which is located at 331 Piercy Road, San Jose, CA 95138
4 |] (“ASAP”).
5 3. On June 16, 2011, my firm sent a demand letter to defendant at the address
6 || provided to me by ASAP and informed him that, as of that date, he owed Association a total of
7 {| $14,288.83 in delinquent assessments, late fees, interest charges, ASAP collection costs, attorney
8 | fees, and legal costs related to his ownership of 501 Crescent Way, #5401, San Francisco,
9 || California. I enclosed a copy of ASAP’s account history with my letter reflecting all amounts
10 || owed by defendant from November 1, 2008, through June 16, 2011. Attached as Exhibit A is a
11 }j true and correct copy of my June 16, 2011 demand letter and the account-history enclosure.
12 4. In my letter, I informed defendant that his assessment obligation is a personal
13 | obligation that he owes Association in his capacity as unit owner and Association member
14 || pursuant to the California Civil Code. I also informed defendant that, in accordance with the Fair
15 || Debt Collection Practices Act, 15 U.S.C.A. section 1692 et seq., he had 35 days after receipt of
16 || my demand letter to settle his account in full with Association. I also advised defendant in my
17 || letter that, if he failed to pay Association the full amount within that time period, Association had
18 || authorized my firm to file a complaint against him to recover the overdue assessments, late
19 || charges, interest, reasonable fees and costs of collection, reasonable attorney fees and legal costs,
20 || as permitted by California Civil Code section 1366 and California Code of Regulations, title 10,
21 |] section 2792.26(d). I never received a response to my June 16, 2011 letter.
22 5, Given that defendant did not respond to my letter, Association authorized my firm
23 |} to file a complaint against defendant to collect the overdue debt. Accordingly, I prepared
24 || Association’s complaint and, on October 14, 2011, I caused it to be filed in the San Francisco
25 || County Superior Court, the county where defendant’s unit is located. The complaint was later
26 || amended on March 18, 2013.
27 6. As reflected on the complaint, as of the date of filing defendant owed regular
28 || assessments, related late fees, interest, collection costs, attorney fees, and legal costs. The
-2-
BAM OLSON Declaration of Jan A, Kopozynski in Support of Plaintiff
Ons Application for Default Judgment against Ajaz Syed No, CGC-11-515105
San Francisco, CA 941111 } complaint also informed defendant that these amounts were continuing to accrue. See attorney-
2 || prepared attachment to complaint, para. 2, The complaint also advised defendant that
3 || Association is entitled to attorney fees and costs according to proof. See attorney-prepared
4 || attachment to complaint, para. 5.
7. On March 21, 2013, the amended complaint was served on defendant Ajaz Syed
via personal service. The proof of service was filed with the Court on March 27, 2013.
8. Defendant did not file a response to the complaint. Accordingly, on June 13, 2013,
I caused to be filed with the court a request for entry of default against the defendant; it was
co Oe IN HW
entered on June 13, 2013 against Ajaz Syed.
10 9 Pursuant to California Civil Code section 1366(e), if an assessment is delinquent,
11 }'a homeowners association may recover not only the delinquent assessment but also (a)
12 ]| reasonable costs incurred in collecting the assessment, including reasonable attorney’s fees, (b)
13 || late charges not exceeding ten percent or ten dollars ($10), whichever is greater (unless
14 || Association’s governing documents specify a smaller amount, in which case the lesser amount
15 |] shall apply), and (c) interest on all sums, including the delinquent assessment, at an annual
16 || interest rate not to exceed 12 percent (unless Association’s governing documents specify a
17 |! smaller percentage, in which case the lesser amount shall apply). See C.C. section 1366(e).
18 10. _In that regard, I have personally reviewed the latest account history that is attached
19 || to the accompanying declaration of Terin Atkins, respectively, and all of the amounts reflected on
20 || it appear to be accurate.
21 11. Association has incurred the following legal fees to date related to this matter:
22 || $265.00 for my demand letter and $980.00 to prepare Association’s complaint and handle the
23 || complaint, default, and judgment package for a total of $1,245.00,
24 12. In addition to the delinquent assessments, late fees, and interest charges,
25 || Association has also incurred the legal costs that are reflected in the memorandum of costs,
26 || which is set forth in paragraph 7 of Association’s accompanying Request for Entry of Default
27 || Judgment form. Thus, as of February 14, 2014, the total amount of legal costs that defendant
28 || owes Association is $825.90 in legal costs ($225.00 clerk’s filing fee for the complaint, $167.90
3+
CERSEHING'S Declaration of Jan A. Kopezynski in Support of Plaintiff
goers a Application for Default Judgment against Ajaz Syed No. CGC-11-515105
togmery Street
0
acisco, CA 9411for the service of process on defendant (for initial complaint and amended complaint) and for the
filing of the proof of service of summons with the Court, and $355.00 in costs related to the filing
of the complaints, case management statements, and requests for entry of default, and $78.00 in
Court Call fees).
I declare under penalty of perjury under the laws of the State of California that the facts
set forth in this declaration are true and correct based on my own personal knowledge. This
declaration was executed today, July 17, 2014, in San Francisco, Califo:
oC Oo IY DH RB YW DN
By:
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BRRRRBKRREBR SSR REBE SA
-4.
RAM, OLSON, Declaration of Jan A. Kopezynski in Support of Plaintiff
KOPCZYNSKI LLP Application for Default Judgment against Ajaz Syed No. CGC-11-515105
'SSS Montogroery Street
Suite 810
San Fracciseo, CA 94111exerRAM, OLSON, CEREGHING & KOPCZYNSKI LLP
ATTORNEYS
Juno 16, 2011
t Ajaz H, Syed
! 501 Croscent Way, #5401 .
i San Francisco, CA 94134
Re: Demund for Payment of Overdue Assessments
iia Dear Mr. Syed
‘This firm represents Candlestick Point - The Cove Home Owners Assooiation
(Association). We write to inform you that, as of today, you owe the Association $14,288.83 on
your delinquent account as the owner of 50! Crescent Way, #5401, San Francisco, California, As
you are aware, this dobt is a personal obligation that yon owe to the Association in your oapacity
| aa unit owner and member, See Califomia Civil Code §§ 1367(a), 1367.1(a}. Enclosed with
! this letter Is. an Account History showing the breakdown of your delinquent belence.
rot ‘We further inform you that, In accordance with the Fair Debt Collection Practices Act
yok {FDCPA) at 15 U.8.C.A. § 1692 et seq., you have thirty-five (35) days after receipt of this notice
Poy to settle your acoount in full with the Associntion. Ifyou fail to do so, the Association will
it Pursue logal ection against you to recover the dobt, including regular asaessments, special
: . assessments (if applicable), late charges, reasonable fees and costs of collection, reasonable
rot attorney feos, and interest. See Callfornia Civil Code § 1366(d); see also Cal, Code Regs,, tit.10,
ot § 2792.26(d). Further, If you fail to dispute the validity of the debt or any portion thereof within
35 days from reveipt of this letter, the debt will be assumed to bs valid by our firm.
‘We are also providing you, pursuant to the FDCPA, a warming known as the "Mini
Miranda Warning," which means that this communication is being sent from our firm in a debt-
: collection capacity and that any information we subsequently obtain about yay may be used to
| ! collect the debt that you currently owe to the Association.
Should you wish to settle your debt with the Association within the next 35 days, pleare
contact the Customer Service Department at A.S.A.P. Collection Services, located at 331 Piercy
Road, San Jose, CA 95138; (408} 363-9600, extension 5,
i Enclosures
Telephone (415) 433-4949 www.rocklaweal.com, Facsimile (415) 433-7331Ansooiation Name: Candlestick Polnt-The Cave
Case Name: SYED
Dofnquancy Stage; SUPERIOR COURT - ROCK, LLP
brterest ~ Thru 31/30/08
Paymentta HOA
Interest» Thra §2/31/08,
Colacton Charges - Notlos of Intent to LIEN
Late Fee
ALN Notice of Asposement Lan (LIEN) fir Rloaae
Recording Faas:
Case Information
ASAP, Casa No. 08-07569
Pseoolation Ach. Nos 0007744 -
Property Address: 501 CREBCENT WAY APT 9401
9,102.41
3207.61
9,436,79
9,465.47
3,400.07
3,805.84
8,820.84
[ DaniNiy Reyuiar Asgeanrnent ~~HOHE
10189
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110809
148/09
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120100
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$23108
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‘Monthly Admin Fee 16.00 3,172.92
Elevator inooma-Biig#85, 11.28 5.19015
Parking (2009-10) 14.34 3,204.49
@NORLN « Notice of Recorded Len (NOALN) 0.00 5,204.48
Lute Fed For November 90,68 5.23517
Monthly Regular Assessment 278.20 8BI087
Monthly Admin Fee 15.00 5,526.87
levator Inoome-Bkig485 97.23 5,542.80
Parking (2009-10) 1434 6,558.04
Interest ~ They 11/3009 61,30 5,606.24
Dotatiod Transaction History (DTH) 5.00 3,613.24
Late Fee for Dacember 80.68 6,649.82
innerost - Thru 1251708 88.38 50831 |”
Monthly Regular Asssssment 275.20 5976.81
Monthly Admin Fee 16.00 5880.51
Elevator Inooms-Bidg4as 1728 0,008.74
Paving (2009-10) 14.04 6,021.08
Late Fas For Jarmary 90.88 4,061.78
truornst - Thru oV/SI/O 8847 8111.28
Monthy Regular Assessment 275.20 3,986.43
Moathly Admin Fae 18.00 8,401,49
Elevator Incame-Bidga&is 17.23 8,478,06
Parking (2000-10) 14.34 6,433.00
‘Notice of Intent to Forealase (NOIFC) 128.05 6,582.15
‘Late Fes forFebruary 30.88 6,682.83
‘Monthly Reguisr Assovament 276.20 6,088.08
‘Monthly Admin Fee: 1300 8.883.03
Elevator income-BligtBS 1723 9,900.26
Parking (2009-10) 14,34 6,814.60
‘nterest « Thru 02/28/10 04.88 6,076.48
Late Fea for March $0.88 7010.16
Infareat » Thru 0891/10 $0.08 7,078.21
Monthly Regular Agseomment 27820 7A64.41
Monthly Admin ee 16.00 7:989.41
Elevator Income-Bkigd&5: 17.28 7,086.64
Parking (2008-10) 14.34 7,400,988
Late Fos For April 90.88 7481.65
Monthly Ploguter Assopament 278.20 7,708.88
Monthly Admin Foe 18.00 7124.88
levator Inoome-Bkig4&S 1728, 7780.08
Parking (2009-10) 14.34 778342
Interest - Thru 04/80/10 1827 7.82868
Late Fee for May, + 30,68 PAST?
Interomt - Thru 06/31/10 1182 7,984.89
Monthly Regular Assesement 278.20 8,210.09
Monthty Admin Fee 180 8226.09
Elevator Income-Bidg4a5 17.23 8,242.92
Parking {200010} 16.36 8,258.68
‘Late Fas For Juve $0.68 8,287.34
Monthly Regular Assessment 275.20 8582.54
Momhty Admin Fee 18.00 BST7.BE
‘Stavmor income Bldgaes 17.23 8504.77
Parking (2009-40) 1434 8608.11
‘Itersst~ They DBS 81.82 ‘89003
[uate Fee-Far- July ‘$0;88 ‘B72N.01
interest - Thru 07/31/10 8807.78
Monthly Regutar Assessment 9114.85
Pago 2 ofS
SAP, Case No 0807189Late Fee for September
(Online Document Gost
Interest « Try 09/80/10
‘Monthly Reguier Assessment
Monthly Admin Fee
Lalo Fee tor October
Interost Thru 10/81/2010
Interest Thru 1431/2014
Monthly Regular Assesement,
Monthly Admin Feo
Late Fee for Fabriary
‘Monthly Regular Assesamend
Monthly Aumin Fos
Interest Thu a/ae/201 4
Late Fee for Maroh
‘Interest Thru 8/31/2013.
Monthly Reguier Aesgsement
Monthly Admin Fee
Lote Fas for Apri
Intereat Thru 4F20/2011
Monthly Regular Assessment
Monthly Admin Fag.
Rock inillal latter
lolllal Caae Fue Prep for Legat
Detulted Credit Repowt Pulled,
9,203.28
9.08.28
9,708.26
10,010.03
10,025.09
10,088.71
40,158.22
10,481.99
10,476.99
10,807,867
10,614.70
10,928.93
10,943.35
10,972.82
14,081.50
TH 38812
Waine
1144268
$1,888.98
4187058
14,886.58
11,9174
12,231.68
12,248.86
18,384.78
12,588.24
12,819.18
42,838.77
12,848.77
12,880.23
19,007.98
19,922.60
12,887.60
13,002.60
Y707.00
13,762.80
19,784.08
SAP. Cast No: 09-07 183