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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-26-2008 4:13 pm
Case Number: CUD-08-627394
Filing Date: Sep-26-2008 4:09
Juke Box: 001 Image: 02265394
COMPLAINT
‘UAN TAO FOUNDATION OF AMERICA VS. "SMITTY" CHUN KEUNG TSE, DBA CLEAN X
001002265394
Instructions:
Please place this sheet on top of the document to be scanned.sufattons
(CITACION JUDICIAL)
UNLAWFUL DETAINER—EVICTION
(RETENCION ILICITA DE UN INNUEBLE—DESALOJO)
NOTICE TO DEFEND.
{AVISO AL DEMANDADO): "SMITTY" CHUN KEUNG TSE dba
CLEAN X PRESS, and DOES I through X, in occupancy,
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
I-KUAN TAO FOUNDATION OF AMERICA
You have 5 CALENDAR DAYS after this summons and fegal papers are served on you to file a written response at this court and have a
copy served on the plaintiff. (To calculate the five days, count Saturday and Sunday, but do not count other court holidays. Hf the fast day.
falls on a Saturday, Sunday, or a court holliday then you have the next court day to file a written response.) 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/selfhetp), 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 Jose the case by default, and your: wages, money, and
property may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attomey, you may want to call
an attorney referral service. If you cannot afford an attorney, you may be eligible for free legat services from a nonprofit !egal services
program, You can locate these nonprofit groups at the California Legal Services Web site (www.lawhetpeatifornta.org), the California
Courts Online Self-Hetp Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association.
Tiene 5 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legates para presentar una respuesta por escrito en
esta corte y hacer que se entregue una copia al demandante. {Para cafcular los cinco dias, cuente los sAbados y los domingos pero no los
otros dias ferlados de [a corte, SI el Uttimo dfa cae en sAbado o domingo, o en un dia en que la corte esté cerrada, tiene hasta el préximo.
dia de corte para presentar una respuesta por escrito). Una carta o una Hamada telefénica no Jo protegen. Su respuesta por escrito tiene
que estar en formato legal correcto si desea que procesen su caso en fa corte. Es posible que haya un formulario que usted pueda usar
Para su respuesta. Puede encontrar estos formularios de /s corte y mas informacion en el Centro de Ayuda de las Cortes de California
(www.courtinfo.ca.gov/selfhelp/espanol), en la biblioteca de leyes de su condado 0 en Ia corte que le quede més cerca. SI no puede pagar
Ja cuota de presentactén, pida al secretario de fa corte que le dé un formulario de exencién de pago de cuotas. SI no presenta su respuesta
a tlempo, puede perder el caso por Incumplimiento y Ja corte le podrd quitar su sueldo, dinero y blenes sin mas advertencia.
Hay otros requisites legales. Es recomendable que flame a un abogado inmediatamente. Sino conoce a un abogado, puede lamar a un
servicio de remisién a abogados. Si no puede pagar a un ebogado, es posible que cumpla con los requisites para obtener serviclos
legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de
California Legat Services, (www.lawhelpcalifornia.org), en el Cento de Ayuda de las Cortes de California,
{www.courtinfo.ca.gov/selfhelp/espanol) o ponléndese en contacto con Ia corte o ef colegio de sbogados locates.
1. The name and address of the court fs:
(El nombre y direccién de la corte es):
Superior Court of San Francisco County
400 McAllister Street, San Francisco, CA 94102
2. The name, address, and telephone number of plaintiffs attomey, or plaintiff without an attomey, [s:
{El nombre, la direccion y ef nimero de teléfono de! abogado del demandante, o del demandante que no tiene abogado, es):
KAREN Y. UCHIYAMA, SBN 154414 Boy
144] Baker Street wa
San Francisco, CA 94115 Tel: (415) 563-9300 Fax: (415) 563-9304 :
3. (Must be answered in all cases) An unlawful detainer assistant (Bus, & Prof. Code, §§ 6400-6415) [7] didnot(—] did !
for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from en unlawtul - .
{SOLO PARA USO DE LA CORTE)
detainer assistant, complete item 6 on the next page.) DS STE Pon Z
bate: SEP 26 2008 = GORDON PARK, SEY =
(Fecha) (Secretario) Oden
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
{Para prueba de-entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)).
ee 4, NOTICE TO THE PERSON SERVED: You are served
a. GZ] as an individual defendant.
b.(—) asthe person sued under the fictitious name of (specify):
| ce. [_] as anoccupant i
d. ()_ onbehaif of (specify): {
under: L_] cop 416.10 (corporation) CE) cece 416.60 (minor)
CJ cep 416.20 (defunct corporation) [J ccp 416.70 (conservatee)
CCP 416,40 (association or partnership) L_] CCP 416.90 (authorized person)
C3) cop 415.46 (occupant) [J other (specify):
5. (J __ bypersonat delivery on (date): Page 1 of
Fores Couch Couras SUMMONS—UNLAWFUL DETAINER—EVICTION Code of Ch Procedure, §§ 412.20, 415456, 1167
‘SUM-130 Rev, danusrv 4, 20041 Romacinae Vemihtan taa EY | Ste
KAREN ¥. UCHIVAMA, SBN [saal
LAW OFFICES OF KAREN Y. UCHIYAMA
1441 Baker Street
San Francisco, CA 94115
retepHone no: 415.563.9300 wo: 415.563.9304
FOR COURT USE ONLY
attorney FoR ane: Plaintiff I-KUAN TAO FOUNDATION OF AMERICA __| san Franciseo County Superior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aporess: 400 McAllister Street SEP 2 6 2008 ,
MAILING ADDRESS; 1 Clerk
emvanozecove: San Francisco, CA 94102 PARK-L,
srancuname, Unlimited Civil Jurisdiction CORIO nen ei
CASE NAME: BY: epuly Clerk
I-KUAN TAO FOUNDATION OF AMERICA v. TSE, et al.
CIVIL CASE COVER SHEET Complex Case Designation
4 fancore OO amet (5) counter (7) Joinder B- 0 8- 62
a JUDGE:
demanded demanded is Fited with first appearance by defendant pals gBa RT aA
exceeds $25,000) $25,000 or less) (Cal, Rules of Court, rule 3.402) CEPT:
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 Provislonalty Complex Civil Litigation
Auto (22) {_] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) {_] Rute 3.740 collections (09) [J Antirusvtrade regutation (03)
Other PUPDIWD (Personal Injury/Property [_] Other collections (09) L] Construction defect (10)
Damage/Wrongfut Death) Tort [1 insurance coverage (18) LJ mass tort (40)
Asbestos (04) C21 otter contract (37) [J securives titgation (28)
Product fability (24) Real Property LJ environmentai/Toxic tort (30)
Medical malpractice (45) [Eminent comainvinverse [J insurance coverage claims arising from the
Other P/PDAWD {23} condemnation (14) above listed provisionally complex case
Non-PUPDAWD (Other} Tort TE] wrongful eviction (33) types (41)
Business tor/unfal business practice (07) L_] Over real property (26) Enforcement of Judgment
Civit rights (08) Untawtul Detainer [1 Enforcement of judgment (20)
L_] Detamation (13) [YI Cormmerciat (31) Miscettaneous Civil Comptaint
(J Fraud ¢16) LJ Residensat 32) CI rico 27)
[J intelectual property (19) C1 pgs (38) C21 other complaint (not specified above) (42)
Professional negligence (25) Judicial Review Miscellaneous Clvil Petition
CI Other non-PUPDAND tort (35) KI Aes foretre OD acy C2] Partnership and corporate governance (21)
mployment at ion await
Cc) itonght termination (36) (CD writotmandate (02) T-] omer petition éot above) (43)
CJ Other employment (15)
2. This case is isnot complex under mute 3.400 of the Califomia Rutes of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. CI Large number of separately represented parties d. oO Large number of witnesses
b._] Extensive motion practice raising difficuttornovel e. (1) Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c._] Substantial amount of documentary evidence t. [1] Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.L¥] monetary .[¥] nonmonetary; declaratory or injunctive relief ¢.[__] punitive
4, Number of causes of action (specify): 2 .
5. Thiscase [lis [¥]ismot actass action suit.
6. ff there are any WHS ook cases, file and serve a notice of related case. (You,
Date: Septem 2008
KAREN Y. Dei YAMA, ESQ.
(IYPE OR PRINT NAME)
OT
Plaintiff must file this cover sheet with the first paper filed In the action or proceeding (except small claints 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 resuft
In sanctions.
* File this cover sheet in addition to any cover sheet required by focal 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 alt
other parties to the action or proceeding.
© Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes sony. teed
Form Adopted fot Mandaiory Use ~~ CIVIL CASE COVER SHEET col Rag of Cour, tee 29,2220, 3 400-3.400 3240,
‘Agminestration, std. 3.10
‘CM-O10 [Rew July 1, 2007] eww courtinio.©8 gov, —¢ C
“RAREN V UCHIVAMA, SBN 13aata"
LAW OFFICES OF KAREN Y. UCHIYAMA
Seat California 94115
an CTLEMONE NO: 415,563,9300 raxno.(cpuner: 415.563.9304
E-MAIL ADDRESS (Optional): uchlegal Ayahoo.com
cmonevronpun, Plaintiff LKUAN TAO FOUNDATION OF AMERICA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
srreeraooress: 400 McAllister Street
MAILING ADDRESS:
emvanozpcove: San Francisco, California 94102
srancunawe: Limited Civil Jurisdiction
PLAINTIFF: I-KUAN TAO FOUNDATION OF AMERICA
DEFENDANT: "SMITTY" CHUN KEUNG TSE, dba CLEAN X PRESS
Does 1TO X,_ wi 0¢
COMPLAINT — UNLAWFUL DETAINER* case 0.0 8 : 627 3 9 4
[2 compcaint (_] AMENDED COMPLAINT (Amendment Number): ____ cUD-
Jurisdiction (check aff that apply):
[[) ACTIONIS A LIMITED CIVIL CASE
Amount demanded [—_] does not exceed $10,000
[1 exceeds $10,000 but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
(1 actions RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
Co from unlawful detainer to general unlimited civil (possession not in Issue) CI from limited to unlimited
J} from untawful detainer to generat limited civil (possession not In Issue) (1 from untimited to timited
FOR COURT USE ONLY
San Francisco County ‘Supenor Court
SEP 2 6 ?nnq
GORDON PARK Clork |
Copan Clerk
1, PLAINTIFF (name each):
I-KUAN TAO FOUNDATION OF AMERICA
alleges causes of action against DEFENDANT (name each):
"SMITTY" CHUN KEUNG TSE, dba CLEAN X PRESS
2. a. Plaintitfis (1) (1 anindividual over the age of 18 years. (4) (_] a partnership.
(2} (=) apublic agency. (8) (7) acomoration.
@) other (specify): Nonprofit Organization :
b. Plaintiff has complied with the fictitious business name laws and Is doing business under the fictitious name of (specify): -
I-KUAN TAO FOUNDATION OF AMERICA
3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
401 Judah Street, San Francisco, CA 94122
4, Plaintiff's Interest in the premises is asowner [_] other (specify):
The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onorabout (date): January 28, 2005 defendant (name each):
"SMITTY" CHUN KEUNG TSE dba CLEAN X PRESS
s
(1) agreed to rent the premises as a [-_] month-to-month tenancy other tenancy (specify): 10 year lease
(2) agreed to pay rent of $ 2,500.00 payable monthly [_] other (specify frequency):
(3) agreed to pay rent on the first of the month [—] other day (specify):
b. This written [_] oral agreement was made with
(1) CZ) piaintitt. (3) 2) plaintitrs predecessor in interest.
(2) 1) plaintiffs agent. (4) [21 other (specify):
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 11614). Page toed
ee
"nou cand o Calan COMPLAINT—UNLAWFUL DETAINER Coon ot Cra Procere $5252 Fed
UD-100 [Rev. July 1, 2005] www courtnia.ca gov"
[Arrareen tegamiet ie, ]
fanaa eaarneeme enonDEFENDANT(Name):_ "SMITTY" CHUN KEUNG TSE, dba CLEAN X PRESS
6. c. [_] The defendants not named In item 6a are
qa) 1 subtenants.
gy CI assignees.
(3) (J other (specify):
a. (-] The agreement was later changed as follows (specify):
e. [2] 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 (or residential property) A copy of the written agreement is not attached because (specify reason):
q) [1 the writen 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)).
7. 244 a. defendant (name each):
"SMITTY" CHUN KEUNG TSE dba CLEAN X PRESS
was served the following notice on the same date and in the same manner,
(1) 3-day notice to pay rentorquit (4) 3-day notice to perform covenants or quit
(2) (1 20-day notice to quit (5) C2) 3-day notice to quit
(3) C1 Goday notice to quit (6) CJ Other (specify):
b. (1) On (date): September 24, 2008 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.
c. Alf facts stated In the notice are true.
The notice included an election of forfeiture.
Sieh ; the notice Is attached and tabeled Exhibit 2, (Required for residential property. See Code Civ. Proc.,
f. ££) 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. The notice in item 7a was served on the defendant named in item 7a as follows:
qa) by personally handing a copy to defendant on (date): August 25, 2008 (Clean X Press)
(2) by leaving a copy with (name or description): Ms. Lin at Clean X Press .
a person of suitable age and discretion, on (date): Aug. 25, 2008 at defendant's
(CJ residence business AND mailing a copy to defendant at defendant's place of residence on
(date): August 25, 2008 because defendant cannot be found at defendant's residence or usual
place of business.
(3) by posting a copy on the premises on (date): August 25, 2008 AND giving a copy toa
person found residing at the premises AND mailing a copy to defendant at the premises on
(date):
(a) [1 because defendant's residence and usual place of business cannot be ascertained OR
(>) [1 because no person of suitable age or discretion can be found there.
(4) [=] (Not 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) (1) (Not for residential tenancies; see Civil Code, § 1953 before using) In the manner specified in a written
commercial lease between the parties.
b. [2] (Name):
was served on behaff 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.
UD-100 [Rev duty 1, 2008] Page2ot3
COMPLAINT—UNLAWFUL DETAINERPLAINTIFF (Name): 1-KUAN TAO FOUNDATION
Atthe time the 3-day notice to pay rent or quit was se
and date of, passage):
OF AMERICA
; "SMITTY" CHUN KEUNG TSE, dba CLEAN X
PRESS
Plaintiff demands possession from each defendant pecause of expiration ofa fixed-term lease.
500.00
, the amount of rent due was $ 2,
er d
. per day.
t's continued possession {s malicious, and plaintiff is entitied to statutory damages under Code of Civil
Procedure section 4174(b). (State specific facts supporting a claim up to $600 in Attachment 12)
Defendants tenancy Is subject to the focal rent control or eviction control ordinance of (city or county, title of ordinance,
Plaintiff has met all applicable requirements of the ordinances.
15.
(41 Other allegations are stated in Attachment 15.
Plaintiff accepts the Jurisdictional fimit, if any, of the court.
PLAINTIFF REQUESTS
a. possession of the premises.
b. costs Incurred in this proceeding:
c, C21 pastdue rentof $ 2,500.00
a. reasonable attorney fees.
e. (x1 forfetture of the agreement.
16.
1
7
2
gC)
nO
18. (4) Number of pages attached (specify): j2_
damages at the rate stated In item 44 from
(date): September 25, 2008
defendants remain in possession through entry of judgment.
statutory damages upto $600 for the conduct alleged In tem 12.
other (specify):
For delinquent water pills not less than $44,679.76,
to be determined at trial, and for whatever the court
deems proper.
UNLAWFUL DETAINER ASSISTANT (Bus- & Prof. Code, §§ 6400-6415)
49. (Complete inall cases.) An unlawtut detainer assistant
with this form. (if
a. Assistants name:
b, Street address, city, and zip code:
Date: September LE, 2008
YAMA, ESQ.
(NPE
KAREN Y. UCH
“OR PRINT NAMED
didnot (1)
plaintiff has received any help or advice for pay froman unlawtul detainer assistant, state:}
did for compensation give advice oF assistance
Telephone No.
County of registration:
Registration No.
Explres on (date):
mo oP
VERIFICATION
(Use a different verification form if the verification Is by an attomey OF for a corporation or partnership.)
tam 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 tue and
Date: SEE ATTACHED.
[TYPE OR PRINT NAME)
70-100 [Rev. ny 4, 20051
COMPLAINT—UNLAWFUL DETAINER
ye
{SIGNATURE OF PLAINTIFF )LAW OFFICES CF
C Cc
ATTACHMENT. 15TO COMPLAINT FOR UNLAWFUL DETAINER
SECOND CAUSE OF ACTION
(Breach of Contract re Nonpayment of Water Bills)
1
2
3
4 1. Plaintiffhereby refers to each and every allegation contained in paragraphs 1
5 through 17, inclusive, and by virtue of said references incorporates the allegations into these
6 general allegations as though set forth in full.
q 2. Plaintiffis informed and believes that Defendant “SMITTY” CHUN KEUNG
8 TSE dba CLEAN X PRESS has breach his commercial lease by failing and refusing to open an
9 account with the local water company in his own name, and by failing and refusing to pay the
10 water bills for his commercial laundry business since the inception of his tenancy, despite
11 Plaintiff's demands that he do so, and despite being delivered the monthly water bills from
12 Plaintiff.
3. Onor about August 25, 2008, Plaintiff caused to be served upon Defendant
“sMITTY” CHUN KEUNG TSE dba CLEAN X PRESS and All Others In Possession of the
13
14
15 Subject Property a written Three Day Notice to Cure or Quit (“Notice to Quit”) stating the
default described above, and requiring Defendant to pay his water bill current or deliver
16
W possession of the Subject Property to Plaintiff within three (3) days after service of the Notice to
18 Quit. The Three Day Notice to Cure or Quit is attached collectively hereto as Exhibit “2, "and
19 the Proof of Service thereon is attached hereto as Exhibit “3,” and are incorporated herein by
20 this reference.
21 4. Atthe time the Three Day Notice to Cure or Quit was served upon
22 Defendant, the current balance owed on Defendant’s water pill was $44,679.76.
23 5. The three days required by statute have elapsed since the service of the Notice
24 to Quit, and Defendants failed and refused to pay his enormous water bill or deliver up
25 possession of the Subject Property to Plaintiff.
26 6. Defendants and unknown occupants are in possession of the Subject Property.
Defendants hold over and continue in possession of the Subject Property without permission of
27
28 Plaintiff, and Plaintiff is entitled to jmmediate possession of the Subject Property.
5
COMPLAINT FOR
UNLAVERIFICATION
I, Jin Chen, am the authorized representative for I-Kuan Tao Foundation of
America, owner of the real property located at 401 Judah Street, San Francisco,
California 94122, and plaintiff in this action. have read the foregoing complaint for
unlawful detainer, and hereby verify that the facts and allegations therein are true, to the
best of my knowledge. I make this verificetion on. september2, 2008 under penalty of
perjury pursuant to the laws of the State of California.C C
Commercial Lease
herein called Lessor, and
‘Ee of
upon the following TERMS and CONDITIONS:
tan
1, Term and Rent. Lessor demises the above premises for a term of, _po on) commencing
20_OS" , and terminatingon Dam 31, 20.26 5” , or sooner as provided herein at the annual rental
of “ToloHanstrnd Ta. huedbasplas ($25,007 __) payable in equal installments in advance on the first day
of each month for that month’s rental, dufing the term of this lease. All rental payments shall be made to Lessor, at the address
specified above. .
2. Use. Lessee shall use and occupy the premises for Loum! te «The premises shall
be used for no other purpose. Lessor represents that the premises may I4wfully be used for such purpose. Lessee shatl not use
the premises for the purposes of storing, manufacturing or selling any explosives, flammables, or other inherently dangerous
substance, chemical, thing, or device.
3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair, unless
otherwise indicated herein. Lessee shall, at his own expense and at alll times, maintain the Premises in good and safe condition,
including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises
and shall surrender the same, at termination hereof, in as good condition as received, norma! wear and tear excepted. Lessee
shall be responsible for all repairs required, excepting the roof, exterior walls, structural foundations, and:
ee
which shall be maintained by Lessor, Lessee shall also maintain in good condition such portions adjacent to the premises, such
as sidewalks, driveways, lawns and shrubbery, which would otherwise be required to be maintained by Lessor.
4, Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or
improvements, in, to or about the premises. -
5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and
federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the
use thereof by Lessee,
6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written
consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be
void and, at the option of the Lessor, may terminate this lease.
7. Utilities. Al applications and connections for necessary utility services on the demised premises shall be made in the name
of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including those for sewer, water, gas,
electricity, and telephone services. In the event that any utility or service provided to the premises is not separately metered,
Lessor shall pay the amount due and separately invoice Lessee for Lessee’s pro rata share of the charges. Tenant shall pay such
amounts within fifteen (15) days of invoice. Lessee acknowledges that the leased premises are designed to provide standard of-
fice use electrical facilities and standard office lighting. Lessee shall not use any equipment or devices that utilize excessive elec-
trical energy or that may, in Lessor's reasonable opinion, overload the wiring or interfere with electrical services to other tenants.
8. Entry and Inspection. Lessee shall permit Lessor or Lessor’s agents to enter upon the premises at reasonable times and
upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to
the expiration of this lease, to place upon the premises any usual "To Let” or “For Lease” signs, and permit persons desiring to
~ EXHIBIT “2”
PageC C
lease the same to inspect the premises thereafter,
9. Parking. During the term of this lease, Lessee shall have the nonexclusive use in common with Lessor, other tenants of the
building, their quests and invitees, of the nonreserved common automobile parking areas, driveways, and foot ways, subject to
ules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate park-
ing areas within the building or in a reasonable proximity thereto, for Lessee and Lessee’s agents and employees. Lessee shall
provide Lessor with a list of all license numbers for the cars owned by Lessee, its agents and employees. Separated structured
parking, if any, located about the building is reserved for Lessees of the building who rent such parking spaces, Lessee hereby
leases from Lessor__spaces in such a structural parking area, such spaces to be on a first-come first-served basis, In
consideration of the leasing to Lessee of such spaces, Lessee shall payamonthlyrental__ Dollars
‘s ) per space throughout the term of the lease. Such rent shall be due and payable each month without
demand at the time herein set for the payment of other monthly rentals, in addition to such other rentals.
10. Possession, if Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be
liable for any damage caused thereby, nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until
Possession is delivered. Lessee may terminate this lease if possession is not delivered within days of the commence-
ment of the term hereof.
11, Indemnification of Lessor, To the extenet of the law, Lessor shall not be liable for any damage or injury to Lessee, or
any other person, or to any property, occurring on the demised premises or any part thereof. Lessee agrees to indemnify and
hold Lessor harmtess from any claims for damages which arise in connection with any such occurence. Said indemnification shall
include indemnity from any costs or fee which Lessor may incur in defending said claim.
12, Insurance. Lessee, at his expense, shall maintain plate gfass and public liability insurance including bodily injury and prop-
erty damage insuring Lessee and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured, The Certificate shall
provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To the
maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the
benefit of each other, waive any and all rights of sub rogation which might otherwise exist.
If the leased premises or any other part of the building is damaged by fire or other casualty resulting from any act of
Regligence of Lessee or any of Lessee's agents, employees or invitees, rent shall not be diminished or abated while
such damages are under repair, and Lessee shall be responsible for the costs of repair not covered by insurance,
13. Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building materially
affecting Lessee’s use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests
Pursuant to such taking, The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid
for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking
or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee, and for
moving expenses.
14. Destruction of Premises. in the event of a partial destruction of the Premises during the term hereof, from any cause, Lessor
shall forthwith repair the same, provided that such repairs can be made within sixty (60} days under existing governmental laws
and requlations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate
reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with
the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make
the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at
the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of
fot less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15. Lessor’s Remedies on Default. If Lessee defaults in the payment of rent, or any additionat rent, or defaults in the
performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does
Not cure any such default within 2 o days, after the giving of such notice (or if such other default is of such nature
that it cannot be completely cured within such Period, if Lessee does not commence such curing within such 30 _ days and
thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on
not less than ° days" notice to Lessee, On the date specified in such notice the term of this lease shall
terminate, and Lessee shall then quit and surrender the Premises to Lessor, without extinguishing Lessee's liability. If this lease
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shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful
means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver,
16. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum o vAollars CO 2
($2 <"___) as security for the performance of Lessee’s obligations under this lease, including without limitation the KR NPS
surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any de-
fault of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on
hand at all times during the term of this lease.
17. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or State real
estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences,
whether because of increased rate or valuation, Lessee shall pay to Lessor upon Presentation of paid tax bills an amount equal
to % of the increase in taxes upon the land and building in which the leased Premises are situated. In the event that
such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shalt be proportionate to
the portion of the lease term included in such year.
18, Common Area Expenses. Inthe event the demised premises are situated in a shopping center or in a commercial
building in which there are common areas, Lessee agrees to pay his prorata share of maintenance, taxes, and insurance for the
common area.
19, Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of
any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs
incurred in connection with such action, including a reasonable attomey's fee.
20. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
21. Notices. Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee
at the premises, or Lessor at the address specified above, or at such other places as may be designated by the parties from time to
time,
22. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in
interest to the parties.
23. Option to Renew, Provided that Lessee is not in default in the performance of this lease, Lessee shall have the option to
renew the lease for an additional term of 2X 9 months commencing at the expiration of the initial lease term. All of the
terms and conditions of the lease shall apply during the renewal term except that the Monthly rent shall be the sum of $
— « The option shall be exercised by written notice given to Lessor not less than 30 days prior to the expiration of the
initial lease term. if notice is not given in the manner provided herein within the time specified, this option shall expire,
24, Subordination. This tease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty. .
25, Radon Gas Disclosure, As required by law, (Landlord) (Seller) makes the following disclosure: “Radon Gas" isa naturally
Occurring radioactive gas that, when it has accumutated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in, WA
——— - Additional information regarding radon and radon testing may be obtained from your county public health unit.
26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties’ execution
hereof:
Signed this OB day of Tan 12005.
Lessor,
Lessee:PR IK, w sah ttl
Ce yy Cz % Ba pe
Se
Y Ox I-KUAN TAO FOUNDATION OF AMERICA
v5 1407-1411 9TH AVE.
yy SAN FRANCISCO CA. 94122 U.S.A.
O° Oo TEL : (415) 682-2233
ae FAX : (415) 682-2232
ANON PROFIT ORGANIZATION
THIRTY DAY NOTICE TO PAY RENT OR QUIT
TO: SMITTY TSE dba CLEAN X PRESS, and all others in possession of the property
commonly known as:
401 Judah Street
San Francisco, Califoria 94122 (“the Premises”)
PLEASE TAKE NOTICE that within thirty days after service of this notice you are
required to pay the rent now due and owing on the Premises located at 401 Judah Street, San
Francisco, California 94122, in the amount of $2,500.00, representing the rent due from tenant
as follows:
August 2008.......00006 $2,500.00
TOTAL £....ssse00esse00052,500.00
Should you fail to pay the amount demanded in this notice in the amount of $2,500.00, or
to vacate and deliver the Premises within said thirty day period, your landlord will institute legal
proceedings to (1) declare a forfeiture of your rental agreement, (2) recover possession of the
Premises, (3) recover the rent demanded herein, due for the periods covered by this notice, and
(4) recover damages for each day that you occupy the Premises after the periods covered by this
notice; (5) reasonable attorney fees; and (6) court costs.
PAYMENT SHOULD BE MADE TO: I-Kuan Tao Foundation of America, 1407-1411
9" Avenue, San Francisco, California 94122, (415) 682-2233 or Landlord’s representative,
Karen Y. Uchiyama, Esq., 1441 Baker Street, San Francisco, California 94115, (415) 563-9300.
PAYMENT MAY BE MADE IN ANY OF THE CHECKED METHODS BELOW:
¥ By personal delivery. The usual V By first class mail or courier
days and hours when available to accept delivery to the above addresses
payment are the days of Monday through (must be postmarked within the
Friday, between the hours of 9:00 a.m. and thirty day notice period).
5:00 p.m.
This notice supersedes any and all previously served notices.
EXHIBIT “2°A
Ri
QUE
73619.
‘ouoMw0!
1850
C29 &2%
if pat
I-KUAN TAO FOUNDATION OF AMERICA
1407-1411 STH AVE.
SAN FRANCISCO CA. 94122 U.S.A.
TEL : (415) 682-2233
FAX : (415) 682-2232ie ee (2 & By & ® ia ret
|-KUAN TAO FOUNDATION OF AMERICA
Oy 1407-1411 STHAVE,
% SAN FRANCISCO CA. 94122 U.S.A,
TEL : (415) 682-2233
"No LW Fe FAX : (415) 682-2232
ANON PROFIT ORGANIZATION
THIRTY DAY NOTICE TO CURE OR QUIT
TO: SMITTY TSE dba CLEAN X PRESS, and UNKNOWN OCCUPANTS in
possession of the real property commonly known as:
401 Judah Street, San Francisco, California 94122 (“the Premises”).
You agreed in the commercial lease (“Lease”) dated January 28, 2005, under
which you and your laundry business hold tenancy:
7. Utilities. All applications and connections for necessary utility services
on the demised premises shall be made in the name of Lessee only, and
Lessee shall be solely liable for utility charges as they become due,
including those for sewer, water, gas, electricity, and telephone services...
YOU HAVE BREACHED AND CONTINUE TO BREACH the foregoing
covenants of your tenancy by failing to pay your water bill since the commencement of
your Lease, and failing to open an account at the water department in your name. Said
breach has caused water and tax liens on the Premises, I-Kuan Tao Foundation of
America has been forced to pay part of your water bill in the sum of sixteen thousand five
hundred fifty six dollars and seventy three cents ($16,556.73) as a tax lien was forced
upon its property on account of your delinquency, The balance of the water bill has
created a lien upon its property and it increases during the period of your delinquency.
The total balance owed by you for past due water bills is forty four thousand
six hundred seventy nine dollars and seventy six cents ($44,679.76)*,
PLEASE TAKE FURTHER NOTICE that if the foregoing breaches of the Lease
and covenants of your tenancy are not cured within THIRTY DAYS after service of this
Notice upon you, you must vacate the Premises and deliver up possession of the Premises
to the Owner. Your failure either to cure the breaches of such lawful obligations, or to
vacate the Premises within the designated thirty-day period may result in legal action
being taken against you to 1) declare a forfeiture of your Agreement, (2) recover
possession of the Premises, (3) for reasonable attorney’s fees and costs of suit; and (4)
recover damages for each day that you occupy the Premises after the periods covered by
this Notice.
EXHIBIT *2”wy \A BS et EO
Ox I-KUAN TAO FOUNDATION OF AMERICA
2 Y WO 1407-1411 STHAVE.
we x e- ty SANFRANCISCO CA, 94122 U.S.A.
Oo we O° ‘TEL: (415) 682-2233
, S FAX : (415) 682-2232
ANON PROFIB. PROYMENP OF DELINQUENT WATER BILLS IN THE AMOUNT OF
$44,679.78 SHOULD BE MADE TO: I-Kuan Tao Foundation of America, c/o Jin
Chen, authorized agent for I-Kuan Tao Foundation of America, 1407-1411 9" Avenue,
San Francisco, Califomia 94122, (415) 682-2233, (415) 505-3891, or Landlord’s
representative, Karen Y. Uchiyama, Esq, 1441 Baker Street, San Francisco, California
94115, (415) 563-9300. Alternatively, you may cure the aforementioned breaches by
providing to I-Kuan Tao Foundation of America valid proof of. payment in full to the
applicable water department.™
a
PAYMENT MAY BE MADE IN ANY OF THE CHECKED METHODS
BELOW:
V_ By personal delivery. The usual V_ By first class mail or courier
days and hours when available to accept delivery to the above addresses
payment are the days of Monday through (must be postmarked within the
Friday, between the hours of 9:00 a.m. and thirty day notice period).
5:00 p.m.
Dated: August2%, 2008.
CHEN (415) 505-3891
thorized Agent for
I-Kuan Tao Foundation of AmericaCe ® Ra mC
I-KUAN TAO FOUNDATION OF AMERICA
1407-1411 STH AVE.
SAN FRANCISCO CA. 94122 U.S.A.
TEL : (415) 682-2233
FAX : (415) 682-2232
ANON PROFIT ORGANIZATION
PROOF OF SERVICE PURSUANT TO C.C.P. § 1162
At the time of service I was at least 18 years of age, and I served:
THIRTY DAY NOTICE TO PAY RENT OR QUIT, THIRTY DAY NOTICE TO
CURE OR QUIT
as follows:
OCCUPANTS: SMITTY TSE dba CLEAN X PRESS, and Unknown Occupants
PREMISES: 401 Judah Street, San Francisco, California 94122
__ On : » 2008 at__:__ .m, I personally delivered a copy of the above
document(s) to each person listed below as follows:
__ SMITTY TSE
vw On a ioe ; 2008 atz, :coPm., I posted a copy of the above document(s) in a
conspicuous plac€ on the premises because I could not find a person of suitable age or discretion
at the premises, nor at any known place of residence or business of any person named in the
notice.; and
OR
v On__S/ZS__ 2008 atzy_ oP. Ieft a copy with Zin .
who is of suitable age and discretion, at the known place of residence or business of any person
Vy. in the notice., at the address stated below; and
VV On > 2008, I mailed a true and correct copy of the above
document(s) in 4 separate envelope to each person listed below by first class mail, postage
prepaid, from San Francisco, California, as follows:
Smitty Tse
dba Clean X Press
401 Judah Street
San Francisco, California 94122
EXHIBIT *3*
PROOF OF SERVICEWo & i Bs
3 I-KUAN TAO FOUNDATION OF AMERICA
1407-1411 9TH AVE.
SAN FRANCISCO CA, 94122 U.S.A.
TEL: (415) 682-2233
FAX : (415) 682-2232
ANON PRPANT PAGANIZATEARY California process server. I declare under penalty of perjury under
the laws of the State of Califomia that the foregoing is true and correct.
Dated: August 25, 2008 ,
Ge CHerd
rr Del Ftedio Ke #307. Fyourctecr ear
address’
So -FA jos
(telephone so fe Jom Rep OKFAcan
2.
Preview
MOT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-26-2008 4:13 pm Case Number: CUD-08-627394 Filing Date: Sep-26-2008 4:09 Juke Box: 001 Image: 02265394 COMPLAINT ‘UAN TAO FOUNDATION OF AMERICA VS. "SMITTY" CHUN KEUNG TSE, DBA CLEAN X 001002265394 Instructions: Please place this sheet on top of the document to be scanned.sufattons (CITACION JUDICIAL) UNLAWFUL DETAINER—EVICTION (RETENCION ILICITA DE UN INNUEBLE—DESALOJO) NOTICE TO DEFEND. {AVISO AL DEMANDADO): "SMITTY" CHUN KEUNG TSE dba CLEAN X PRESS, and DOES I through X, in occupancy, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): I-KUAN TAO FOUNDATION OF AMERICA You have 5 CALENDAR DAYS after this summons and fegal papers are served on you to file a written response at this court and have a copy served on the plaintiff. (To calculate the five days, count Saturday and Sunday, but do not count other court holidays. Hf the fast day. falls on a Saturday, Sunday, or a court holliday then you have the next court day to file a written response.) 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/selfhetp), 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 Jose the case by default, and your: wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attomey, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legat services from a nonprofit !egal services program, You can locate these nonprofit groups at the California Legal Services Web site (www.lawhetpeatifornta.org), the California Courts Online Self-Hetp Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. Tiene 5 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legates para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. {Para cafcular los cinco dias, cuente los sAbados y los domingos pero no los otros dias ferlados de [a corte, SI el Uttimo dfa cae en sAbado o domingo, o en un dia en que la corte esté cerrada, tiene hasta el préximo. dia de corte para presentar una respuesta por escrito). Una carta o una Hamada telefénica no Jo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en fa corte. Es posible que haya un formulario que usted pueda usar Para su respuesta. Puede encontrar estos formularios de /s corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.courtinfo.ca.gov/selfhelp/espanol), en la biblioteca de leyes de su condado 0 en Ia corte que le quede més cerca. SI no puede pagar Ja cuota de presentactén, pida al secretario de fa corte que le dé un formulario de exencién de pago de cuotas. SI no presenta su respuesta a tlempo, puede perder el caso por Incumplimiento y Ja corte le podrd quitar su sueldo, dinero y blenes sin mas advertencia. Hay otros requisites legales. Es recomendable que flame a un abogado inmediatamente. Sino conoce a un abogado, puede lamar a un servicio de remisién a abogados. Si no puede pagar a un ebogado, es posible que cumpla con los requisites para obtener serviclos legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legat Services, (www.lawhelpcalifornia.org), en el Cento de Ayuda de las Cortes de California, {www.courtinfo.ca.gov/selfhelp/espanol) o ponléndese en contacto con Ia corte o ef colegio de sbogados locates. 1. The name and address of the court fs: (El nombre y direccién de la corte es): Superior Court of San Francisco County 400 McAllister Street, San Francisco, CA 94102 2. The name, address, and telephone number of plaintiffs attomey, or plaintiff without an attomey, [s: {El nombre, la direccion y ef nimero de teléfono de! abogado del demandante, o del demandante que no tiene abogado, es): KAREN Y. UCHIYAMA, SBN 154414 Boy 144] Baker Street wa San Francisco, CA 94115 Tel: (415) 563-9300 Fax: (415) 563-9304 : 3. (Must be answered in all cases) An unlawful detainer assistant (Bus, & Prof. Code, §§ 6400-6415) [7] didnot(—] did ! for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from en unlawtul - . {SOLO PARA USO DE LA CORTE) detainer assistant, complete item 6 on the next page.) DS STE Pon Z bate: SEP 26 2008 = GORDON PARK, SEY = (Fecha) (Secretario) Oden (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) {Para prueba de-entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)). ee 4, NOTICE TO THE PERSON SERVED: You are served a. GZ] as an individual defendant. b.(—) asthe person sued under the fictitious name of (specify): | ce. [_] as anoccupant i d. ()_ onbehaif of (specify): { under: L_] cop 416.10 (corporation) CE) cece 416.60 (minor) CJ cep 416.20 (defunct corporation) [J ccp 416.70 (conservatee) CCP 416,40 (association or partnership) L_] CCP 416.90 (authorized person) C3) cop 415.46 (occupant) [J other (specify): 5. (J __ bypersonat delivery on (date): Page 1 of Fores Couch Couras SUMMONS—UNLAWFUL DETAINER—EVICTION Code of Ch Procedure, §§ 412.20, 415456, 1167 ‘SUM-130 Rev, danusrv 4, 20041 Romacinae Vemihtan taa EY | Ste KAREN ¥. UCHIVAMA, SBN [saal LAW OFFICES OF KAREN Y. UCHIYAMA 1441 Baker Street San Francisco, CA 94115 retepHone no: 415.563.9300 wo: 415.563.9304 FOR COURT USE ONLY attorney FoR ane: Plaintiff I-KUAN TAO FOUNDATION OF AMERICA __| san Franciseo County Superior Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street aporess: 400 McAllister Street SEP 2 6 2008 , MAILING ADDRESS; 1 Clerk emvanozecove: San Francisco, CA 94102 PARK-L, srancuname, Unlimited Civil Jurisdiction CORIO nen ei CASE NAME: BY: epuly Clerk I-KUAN TAO FOUNDATION OF AMERICA v. TSE, et al. CIVIL CASE COVER SHEET Complex Case Designation 4 fancore OO amet (5) counter (7) Joinder B- 0 8- 62 a JUDGE: demanded demanded is Fited with first appearance by defendant pals gBa RT aA exceeds $25,000) $25,000 or less) (Cal, Rules of Court, rule 3.402) CEPT: 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 Provislonalty Complex Civil Litigation Auto (22) {_] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) {_] Rute 3.740 collections (09) [J Antirusvtrade regutation (03) Other PUPDIWD (Personal Injury/Property [_] Other collections (09) L] Construction defect (10) Damage/Wrongfut Death) Tort [1 insurance coverage (18) LJ mass tort (40) Asbestos (04) C21 otter contract (37) [J securives titgation (28) Product fability (24) Real Property LJ environmentai/Toxic tort (30) Medical malpractice (45) [Eminent comainvinverse [J insurance coverage claims arising from the Other P/PDAWD {23} condemnation (14) above listed provisionally complex case Non-PUPDAWD (Other} Tort TE] wrongful eviction (33) types (41) Business tor/unfal business practice (07) L_] Over real property (26) Enforcement of Judgment Civit rights (08) Untawtul Detainer [1 Enforcement of judgment (20) L_] Detamation (13) [YI Cormmerciat (31) Miscettaneous Civil Comptaint (J Fraud ¢16) LJ Residensat 32) CI rico 27) [J intelectual property (19) C1 pgs (38) C21 other complaint (not specified above) (42) Professional negligence (25) Judicial Review Miscellaneous Clvil Petition CI Other non-PUPDAND tort (35) KI Aes foretre OD acy C2] Partnership and corporate governance (21) mployment at ion await Cc) itonght termination (36) (CD writotmandate (02) T-] omer petition éot above) (43) CJ Other employment (15) 2. This case is isnot complex under mute 3.400 of the Califomia Rutes of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. CI Large number of separately represented parties d. oO Large number of witnesses b._] Extensive motion practice raising difficuttornovel e. (1) Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c._] Substantial amount of documentary evidence t. [1] Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a.L¥] monetary .[¥] nonmonetary; declaratory or injunctive relief ¢.[__] punitive 4, Number of causes of action (specify): 2 . 5. Thiscase [lis [¥]ismot actass action suit. 6. ff there are any WHS ook cases, file and serve a notice of related case. (You, Date: Septem 2008 KAREN Y. Dei YAMA, ESQ. (IYPE OR PRINT NAME) OT Plaintiff must file this cover sheet with the first paper filed In the action or proceeding (except small claints 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 resuft In sanctions. * File this cover sheet in addition to any cover sheet required by focal 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 alt other parties to the action or proceeding. © Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes sony. teed Form Adopted fot Mandaiory Use ~~ CIVIL CASE COVER SHEET col Rag of Cour, tee 29,2220, 3 400-3.400 3240, ‘Agminestration, std. 3.10 ‘CM-O10 [Rew July 1, 2007] eww courtinio.©8 gov, —¢ C “RAREN V UCHIVAMA, SBN 13aata" LAW OFFICES OF KAREN Y. UCHIYAMA Seat California 94115 an CTLEMONE NO: 415,563,9300 raxno.(cpuner: 415.563.9304 E-MAIL ADDRESS (Optional): uchlegal Ayahoo.com cmonevronpun, Plaintiff LKUAN TAO FOUNDATION OF AMERICA SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO srreeraooress: 400 McAllister Street MAILING ADDRESS: emvanozpcove: San Francisco, California 94102 srancunawe: Limited Civil Jurisdiction PLAINTIFF: I-KUAN TAO FOUNDATION OF AMERICA DEFENDANT: "SMITTY" CHUN KEUNG TSE, dba CLEAN X PRESS Does 1TO X,_ wi 0¢ COMPLAINT — UNLAWFUL DETAINER* case 0.0 8 : 627 3 9 4 [2 compcaint (_] AMENDED COMPLAINT (Amendment Number): ____ cUD- Jurisdiction (check aff that apply): [[) ACTIONIS A LIMITED CIVIL CASE Amount demanded [—_] does not exceed $10,000 [1 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000) (1 actions RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): Co from unlawful detainer to general unlimited civil (possession not in Issue) CI from limited to unlimited J} from untawful detainer to generat limited civil (possession not In Issue) (1 from untimited to timited FOR COURT USE ONLY San Francisco County ‘Supenor Court SEP 2 6 ?nnq GORDON PARK Clork | Copan Clerk 1, PLAINTIFF (name each): I-KUAN TAO FOUNDATION OF AMERICA alleges causes of action against DEFENDANT (name each): "SMITTY" CHUN KEUNG TSE, dba CLEAN X PRESS 2. a. Plaintitfis (1) (1 anindividual over the age of 18 years. (4) (_] a partnership. (2} (=) apublic agency. (8) (7) acomoration. @) other (specify): Nonprofit Organization : b. Plaintiff has complied with the fictitious business name laws and Is doing business under the fictitious name of (specify): - I-KUAN TAO FOUNDATION OF AMERICA 3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 401 Judah Street, San Francisco, CA 94122 4, Plaintiff's Interest in the premises is asowner [_] other (specify): The true names and capacities of defendants sued as Does are unknown to plaintiff. 6. a. Onorabout (date): January 28, 2005 defendant (name each): "SMITTY" CHUN KEUNG TSE dba CLEAN X PRESS s (1) agreed to rent the premises as a [-_] month-to-month tenancy other tenancy (specify): 10 year lease (2) agreed to pay rent of $ 2,500.00 payable monthly [_] other (specify frequency): (3) agreed to pay rent on the first of the month [—] other day (specify): b. This written [_] oral agreement was made with (1) CZ) piaintitt. (3) 2) plaintitrs predecessor in interest. (2) 1) plaintiffs agent. (4) [21 other (specify): * NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 11614). Page toed ee "nou cand o Calan COMPLAINT—UNLAWFUL DETAINER Coon ot Cra Procere $5252 Fed UD-100 [Rev. July 1, 2005] www courtnia.ca gov" [Arrareen tegamiet ie, ] fanaa eaarneeme enonDEFENDANT(Name):_ "SMITTY" CHUN KEUNG TSE, dba CLEAN X PRESS 6. c. [_] The defendants not named In item 6a are qa) 1 subtenants. gy CI assignees. (3) (J other (specify): a. (-] The agreement was later changed as follows (specify): e. [2] 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 (or residential property) A copy of the written agreement is not attached because (specify reason): q) [1 the writen 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)). 7. 244 a. defendant (name each): "SMITTY" CHUN KEUNG TSE dba CLEAN X PRESS was served the following notice on the same date and in the same manner, (1) 3-day notice to pay rentorquit (4) 3-day notice to perform covenants or quit (2) (1 20-day notice to quit (5) C2) 3-day notice to quit (3) C1 Goday notice to quit (6) CJ Other (specify): b. (1) On (date): September 24, 2008 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. c. Alf facts stated In the notice are true. The notice included an election of forfeiture. Sieh ; the notice Is attached and tabeled Exhibit 2, (Required for residential property. See Code Civ. Proc., f. ££) 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. The notice in item 7a was served on the defendant named in item 7a as follows: qa) by personally handing a copy to defendant on (date): August 25, 2008 (Clean X Press) (2) by leaving a copy with (name or description): Ms. Lin at Clean X Press . a person of suitable age and discretion, on (date): Aug. 25, 2008 at defendant's (CJ residence business AND mailing a copy to defendant at defendant's place of residence on (date): August 25, 2008 because defendant cannot be found at defendant's residence or usual place of business. (3) by posting a copy on the premises on (date): August 25, 2008 AND giving a copy toa person found residing at the premises AND mailing a copy to defendant at the premises on (date): (a) [1 because defendant's residence and usual place of business cannot be ascertained OR (>) [1 because no person of suitable age or discretion can be found there. (4) [=] (Not 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) (1) (Not for residential tenancies; see Civil Code, § 1953 before using) In the manner specified in a written commercial lease between the parties. b. [2] (Name): was served on behaff 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. UD-100 [Rev duty 1, 2008] Page2ot3 COMPLAINT—UNLAWFUL DETAINERPLAINTIFF (Name): 1-KUAN TAO FOUNDATION Atthe time the 3-day notice to pay rent or quit was se and date of, passage): OF AMERICA ; "SMITTY" CHUN KEUNG TSE, dba CLEAN X PRESS Plaintiff demands possession from each defendant pecause of expiration ofa fixed-term lease. 500.00 , the amount of rent due was $ 2, er d . per day. t's continued possession {s malicious, and plaintiff is entitied to statutory damages under Code of Civil Procedure section 4174(b). (State specific facts supporting a claim up to $600 in Attachment 12) Defendants tenancy Is subject to the focal rent control or eviction control ordinance of (city or county, title of ordinance, Plaintiff has met all applicable requirements of the ordinances. 15. (41 Other allegations are stated in Attachment 15. Plaintiff accepts the Jurisdictional fimit, if any, of the court. PLAINTIFF REQUESTS a. possession of the premises. b. costs Incurred in this proceeding: c, C21 pastdue rentof $ 2,500.00 a. reasonable attorney fees. e. (x1 forfetture of the agreement. 16. 1 7 2 gC) nO 18. (4) Number of pages attached (specify): j2_ damages at the rate stated In item 44 from (date): September 25, 2008 defendants remain in possession through entry of judgment. statutory damages upto $600 for the conduct alleged In tem 12. other (specify): For delinquent water pills not less than $44,679.76, to be determined at trial, and for whatever the court deems proper. UNLAWFUL DETAINER ASSISTANT (Bus- & Prof. Code, §§ 6400-6415) 49. (Complete inall cases.) An unlawtut detainer assistant with this form. (if a. Assistants name: b, Street address, city, and zip code: Date: September LE, 2008 YAMA, ESQ. (NPE KAREN Y. UCH “OR PRINT NAMED didnot (1) plaintiff has received any help or advice for pay froman unlawtul detainer assistant, state:} did for compensation give advice oF assistance Telephone No. County of registration: Registration No. Explres on (date): mo oP VERIFICATION (Use a different verification form if the verification Is by an attomey OF for a corporation or partnership.) tam 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 tue and Date: SEE ATTACHED. [TYPE OR PRINT NAME) 70-100 [Rev. ny 4, 20051 COMPLAINT—UNLAWFUL DETAINER ye {SIGNATURE OF PLAINTIFF )LAW OFFICES CF C Cc ATTACHMENT. 15TO COMPLAINT FOR UNLAWFUL DETAINER SECOND CAUSE OF ACTION (Breach of Contract re Nonpayment of Water Bills) 1 2 3 4 1. Plaintiffhereby refers to each and every allegation contained in paragraphs 1 5 through 17, inclusive, and by virtue of said references incorporates the allegations into these 6 general allegations as though set forth in full. q 2. Plaintiffis informed and believes that Defendant “SMITTY” CHUN KEUNG 8 TSE dba CLEAN X PRESS has breach his commercial lease by failing and refusing to open an 9 account with the local water company in his own name, and by failing and refusing to pay the 10 water bills for his commercial laundry business since the inception of his tenancy, despite 11 Plaintiff's demands that he do so, and despite being delivered the monthly water bills from 12 Plaintiff. 3. Onor about August 25, 2008, Plaintiff caused to be served upon Defendant “sMITTY” CHUN KEUNG TSE dba CLEAN X PRESS and All Others In Possession of the 13 14 15 Subject Property a written Three Day Notice to Cure or Quit (“Notice to Quit”) stating the default described above, and requiring Defendant to pay his water bill current or deliver 16 W possession of the Subject Property to Plaintiff within three (3) days after service of the Notice to 18 Quit. The Three Day Notice to Cure or Quit is attached collectively hereto as Exhibit “2, "and 19 the Proof of Service thereon is attached hereto as Exhibit “3,” and are incorporated herein by 20 this reference. 21 4. Atthe time the Three Day Notice to Cure or Quit was served upon 22 Defendant, the current balance owed on Defendant’s water pill was $44,679.76. 23 5. The three days required by statute have elapsed since the service of the Notice 24 to Quit, and Defendants failed and refused to pay his enormous water bill or deliver up 25 possession of the Subject Property to Plaintiff. 26 6. Defendants and unknown occupants are in possession of the Subject Property. Defendants hold over and continue in possession of the Subject Property without permission of 27 28 Plaintiff, and Plaintiff is entitled to jmmediate possession of the Subject Property. 5 COMPLAINT FOR UNLAVERIFICATION I, Jin Chen, am the authorized representative for I-Kuan Tao Foundation of America, owner of the real property located at 401 Judah Street, San Francisco, California 94122, and plaintiff in this action. have read the foregoing complaint for unlawful detainer, and hereby verify that the facts and allegations therein are true, to the best of my knowledge. I make this verificetion on. september2, 2008 under penalty of perjury pursuant to the laws of the State of California.C C Commercial Lease herein called Lessor, and ‘Ee of upon the following TERMS and CONDITIONS: tan 1, Term and Rent. Lessor demises the above premises for a term of, _po on) commencing 20_OS" , and terminatingon Dam 31, 20.26 5” , or sooner as provided herein at the annual rental of “ToloHanstrnd Ta. huedbasplas ($25,007 __) payable in equal installments in advance on the first day of each month for that month’s rental, dufing the term of this lease. All rental payments shall be made to Lessor, at the address specified above. . 2. Use. Lessee shall use and occupy the premises for Loum! te «The premises shall be used for no other purpose. Lessor represents that the premises may I4wfully be used for such purpose. Lessee shatl not use the premises for the purposes of storing, manufacturing or selling any explosives, flammables, or other inherently dangerous substance, chemical, thing, or device. 3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at alll times, maintain the Premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, norma! wear and tear excepted. Lessee shall be responsible for all repairs required, excepting the roof, exterior walls, structural foundations, and: ee which shall be maintained by Lessor, Lessee shall also maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, lawns and shrubbery, which would otherwise be required to be maintained by Lessor. 4, Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to or about the premises. - 5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee, 6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this lease. 7. Utilities. Al applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including those for sewer, water, gas, electricity, and telephone services. In the event that any utility or service provided to the premises is not separately metered, Lessor shall pay the amount due and separately invoice Lessee for Lessee’s pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Lessee acknowledges that the leased premises are designed to provide standard of- fice use electrical facilities and standard office lighting. Lessee shall not use any equipment or devices that utilize excessive elec- trical energy or that may, in Lessor's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 8. Entry and Inspection. Lessee shall permit Lessor or Lessor’s agents to enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "To Let” or “For Lease” signs, and permit persons desiring to ~ EXHIBIT “2” PageC C lease the same to inspect the premises thereafter, 9. Parking. During the term of this lease, Lessee shall have the nonexclusive use in common with Lessor, other tenants of the building, their quests and invitees, of the nonreserved common automobile parking areas, driveways, and foot ways, subject to ules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate park- ing areas within the building or in a reasonable proximity thereto, for Lessee and Lessee’s agents and employees. Lessee shall provide Lessor with a list of all license numbers for the cars owned by Lessee, its agents and employees. Separated structured parking, if any, located about the building is reserved for Lessees of the building who rent such parking spaces, Lessee hereby leases from Lessor__spaces in such a structural parking area, such spaces to be on a first-come first-served basis, In consideration of the leasing to Lessee of such spaces, Lessee shall payamonthlyrental__ Dollars ‘s ) per space throughout the term of the lease. Such rent shall be due and payable each month without demand at the time herein set for the payment of other monthly rentals, in addition to such other rentals. 10. Possession, if Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until Possession is delivered. Lessee may terminate this lease if possession is not delivered within days of the commence- ment of the term hereof. 11, Indemnification of Lessor, To the extenet of the law, Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof. Lessee agrees to indemnify and hold Lessor harmtess from any claims for damages which arise in connection with any such occurence. Said indemnification shall include indemnity from any costs or fee which Lessor may incur in defending said claim. 12, Insurance. Lessee, at his expense, shall maintain plate gfass and public liability insurance including bodily injury and prop- erty damage insuring Lessee and Lessor with minimum coverage as follows: Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured, The Certificate shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of sub rogation which might otherwise exist. If the leased premises or any other part of the building is damaged by fire or other casualty resulting from any act of Regligence of Lessee or any of Lessee's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Lessee shall be responsible for the costs of repair not covered by insurance, 13. Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee’s use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests Pursuant to such taking, The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee, and for moving expenses. 14. Destruction of Premises. in the event of a partial destruction of the Premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60} days under existing governmental laws and requlations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of fot less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease 15. Lessor’s Remedies on Default. If Lessee defaults in the payment of rent, or any additionat rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does Not cure any such default within 2 o days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such Period, if Lessee does not commence such curing within such 30 _ days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than ° days" notice to Lessee, On the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the Premises to Lessor, without extinguishing Lessee's liability. If this lease Page 2 © 1004, Socrates Media. UC ‘wemecsocrates com-” . C C shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver, 16. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum o vAollars CO 2 ($2 <"___) as security for the performance of Lessee’s obligations under this lease, including without limitation the KR NPS surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any de- fault of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. 17. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon Presentation of paid tax bills an amount equal to % of the increase in taxes upon the land and building in which the leased Premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shalt be proportionate to the portion of the lease term included in such year. 18, Common Area Expenses. Inthe event the demised premises are situated in a shopping center or in a commercial building in which there are common areas, Lessee agrees to pay his prorata share of maintenance, taxes, and insurance for the common area. 19, Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attomey's fee. 20. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 21. Notices. Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be designated by the parties from time to time, 22. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 23. Option to Renew, Provided that Lessee is not in default in the performance of this lease, Lessee shall have the option to renew the lease for an additional term of 2X 9 months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the Monthly rent shall be the sum of $ — « The option shall be exercised by written notice given to Lessor not less than 30 days prior to the expiration of the initial lease term. if notice is not given in the manner provided herein within the time specified, this option shall expire, 24, Subordination. This tease is and shall be subordinated to all existing and future liens and encumbrances against the prop- erty. . 25, Radon Gas Disclosure, As required by law, (Landlord) (Seller) makes the following disclosure: “Radon Gas" isa naturally Occurring radioactive gas that, when it has accumutated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in, WA ——— - Additional information regarding radon and radon testing may be obtained from your county public health unit. 26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties’ execution hereof: Signed this OB day of Tan 12005. Lessor, Lessee:PR IK, w sah ttl Ce yy Cz % Ba pe Se Y Ox I-KUAN TAO FOUNDATION OF AMERICA v5 1407-1411 9TH AVE. yy SAN FRANCISCO CA. 94122 U.S.A. O° Oo TEL : (415) 682-2233 ae FAX : (415) 682-2232 ANON PROFIT ORGANIZATION THIRTY DAY NOTICE TO PAY RENT OR QUIT TO: SMITTY TSE dba CLEAN X PRESS, and all others in possession of the property commonly known as: 401 Judah Street San Francisco, Califoria 94122 (“the Premises”) PLEASE TAKE NOTICE that within thirty days after service of this notice you are required to pay the rent now due and owing on the Premises located at 401 Judah Street, San Francisco, California 94122, in the amount of $2,500.00, representing the rent due from tenant as follows: August 2008.......00006 $2,500.00 TOTAL £....ssse00esse00052,500.00 Should you fail to pay the amount demanded in this notice in the amount of $2,500.00, or to vacate and deliver the Premises within said thirty day period, your landlord will institute legal proceedings to (1) declare a forfeiture of your rental agreement, (2) recover possession of the Premises, (3) recover the rent demanded herein, due for the periods covered by this notice, and (4) recover damages for each day that you occupy the Premises after the periods covered by this notice; (5) reasonable attorney fees; and (6) court costs. PAYMENT SHOULD BE MADE TO: I-Kuan Tao Foundation of America, 1407-1411 9" Avenue, San Francisco, California 94122, (415) 682-2233 or Landlord’s representative, Karen Y. Uchiyama, Esq., 1441 Baker Street, San Francisco, California 94115, (415) 563-9300. PAYMENT MAY BE MADE IN ANY OF THE CHECKED METHODS BELOW: ¥ By personal delivery. The usual V By first class mail or courier days and hours when available to accept delivery to the above addresses payment are the days of Monday through (must be postmarked within the Friday, between the hours of 9:00 a.m. and thirty day notice period). 5:00 p.m. This notice supersedes any and all previously served notices. EXHIBIT “2°A Ri QUE 73619. ‘ouoMw0! 1850 C29 &2% if pat I-KUAN TAO FOUNDATION OF AMERICA 1407-1411 STH AVE. SAN FRANCISCO CA. 94122 U.S.A. TEL : (415) 682-2233 FAX : (415) 682-2232ie ee (2 & By & ® ia ret |-KUAN TAO FOUNDATION OF AMERICA Oy 1407-1411 STHAVE, % SAN FRANCISCO CA. 94122 U.S.A, TEL : (415) 682-2233 "No LW Fe FAX : (415) 682-2232 ANON PROFIT ORGANIZATION THIRTY DAY NOTICE TO CURE OR QUIT TO: SMITTY TSE dba CLEAN X PRESS, and UNKNOWN OCCUPANTS in possession of the real property commonly known as: 401 Judah Street, San Francisco, California 94122 (“the Premises”). You agreed in the commercial lease (“Lease”) dated January 28, 2005, under which you and your laundry business hold tenancy: 7. Utilities. All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including those for sewer, water, gas, electricity, and telephone services... YOU HAVE BREACHED AND CONTINUE TO BREACH the foregoing covenants of your tenancy by failing to pay your water bill since the commencement of your Lease, and failing to open an account at the water department in your name. Said breach has caused water and tax liens on the Premises, I-Kuan Tao Foundation of America has been forced to pay part of your water bill in the sum of sixteen thousand five hundred fifty six dollars and seventy three cents ($16,556.73) as a tax lien was forced upon its property on account of your delinquency, The balance of the water bill has created a lien upon its property and it increases during the period of your delinquency. The total balance owed by you for past due water bills is forty four thousand six hundred seventy nine dollars and seventy six cents ($44,679.76)*, PLEASE TAKE FURTHER NOTICE that if the foregoing breaches of the Lease and covenants of your tenancy are not cured within THIRTY DAYS after service of this Notice upon you, you must vacate the Premises and deliver up possession of the Premises to the Owner. Your failure either to cure the breaches of such lawful obligations, or to vacate the Premises within the designated thirty-day period may result in legal action being taken against you to 1) declare a forfeiture of your Agreement, (2) recover possession of the Premises, (3) for reasonable attorney’s fees and costs of suit; and (4) recover damages for each day that you occupy the Premises after the periods covered by this Notice. EXHIBIT *2”wy \A BS et EO Ox I-KUAN TAO FOUNDATION OF AMERICA 2 Y WO 1407-1411 STHAVE. we x e- ty SANFRANCISCO CA, 94122 U.S.A. Oo we O° ‘TEL: (415) 682-2233 , S FAX : (415) 682-2232 ANON PROFIB. PROYMENP OF DELINQUENT WATER BILLS IN THE AMOUNT OF $44,679.78 SHOULD BE MADE TO: I-Kuan Tao Foundation of America, c/o Jin Chen, authorized agent for I-Kuan Tao Foundation of America, 1407-1411 9" Avenue, San Francisco, Califomia 94122, (415) 682-2233, (415) 505-3891, or Landlord’s representative, Karen Y. Uchiyama, Esq, 1441 Baker Street, San Francisco, California 94115, (415) 563-9300. Alternatively, you may cure the aforementioned breaches by providing to I-Kuan Tao Foundation of America valid proof of. payment in full to the applicable water department.™ a PAYMENT MAY BE MADE IN ANY OF THE CHECKED METHODS BELOW: V_ By personal delivery. The usual V_ By first class mail or courier days and hours when available to accept delivery to the above addresses payment are the days of Monday through (must be postmarked within the Friday, between the hours of 9:00 a.m. and thirty day notice period). 5:00 p.m. Dated: August2%, 2008. CHEN (415) 505-3891 thorized Agent for I-Kuan Tao Foundation of AmericaCe ® Ra mC I-KUAN TAO FOUNDATION OF AMERICA 1407-1411 STH AVE. SAN FRANCISCO CA. 94122 U.S.A. TEL : (415) 682-2233 FAX : (415) 682-2232 ANON PROFIT ORGANIZATION PROOF OF SERVICE PURSUANT TO C.C.P. § 1162 At the time of service I was at least 18 years of age, and I served: THIRTY DAY NOTICE TO PAY RENT OR QUIT, THIRTY DAY NOTICE TO CURE OR QUIT as follows: OCCUPANTS: SMITTY TSE dba CLEAN X PRESS, and Unknown Occupants PREMISES: 401 Judah Street, San Francisco, California 94122 __ On : » 2008 at__:__ .m, I personally delivered a copy of the above document(s) to each person listed below as follows: __ SMITTY TSE vw On a ioe ; 2008 atz, :coPm., I posted a copy of the above document(s) in a conspicuous plac€ on the premises because I could not find a person of suitable age or discretion at the premises, nor at any known place of residence or business of any person named in the notice.; and OR v On__S/ZS__ 2008 atzy_ oP. Ieft a copy with Zin . who is of suitable age and discretion, at the known place of residence or business of any person Vy. in the notice., at the address stated below; and VV On > 2008, I mailed a true and correct copy of the above document(s) in 4 separate envelope to each person listed below by first class mail, postage prepaid, from San Francisco, California, as follows: Smitty Tse dba Clean X Press 401 Judah Street San Francisco, California 94122 EXHIBIT *3* PROOF OF SERVICEWo & i Bs 3 I-KUAN TAO FOUNDATION OF AMERICA 1407-1411 9TH AVE. SAN FRANCISCO CA, 94122 U.S.A. TEL: (415) 682-2233 FAX : (415) 682-2232 ANON PRPANT PAGANIZATEARY California process server. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Dated: August 25, 2008 , Ge CHerd rr Del Ftedio Ke #307. Fyourctecr ear address’ So -FA jos (telephone so fe Jom Rep OKFAcan 2.