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AUTON
San Francisco Superior Courts
Information Technology Group
Document Scanning Lead Sheet
Mar-05-2008 1:00 pm
Case Number: CUD-08-625226
Filing Date: Mar-05-2008 12:57
Juke Box: 001 Image: 02046602
COMPLAINT
ALFREDO MALO vs. CARLOS PAROD/ et al
001C02046602
Instructions:
Please place this sheet on top of the document to be scanned.SUM)..ONS
CITACION JUDICIAL)
UNLAWFUL DET, ‘AINER—EVICTION
(RETENCION ILICITA DE UN INMUEBLE—DESALOJO)
NOTICE TO DEFENDANT:
(AVISO AL PRAEINDADO):
ARLOS PARODI, MARG, RITA PARODI, RICHARD PARODI
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
ALFREDO MALO
You have 5 CALENDAR DAYS after this
Copy served on the plaintiff. (To calculate the five days, count Saturday and unday, but do not count other court holidays. If the last day
falls ona Saturday, Sunday, or a court holiday 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.goviselfhelp), 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. 'f you do not file your response on time, you may lose the case by default, and your wages, money, and
Program. You can locate these Nonprofit groups at the California Legal Services Web site (www.lawhelpealifornia.org), the California
Courts Online Self-Help Center (www.courtinfo.ca.goviseithelp), or by contacting your local court or county bar association.
The name and address of the court i
(El nombre y direccién de la corte es):
San Francisco Superior Court
400 McAllister Street, Room 103
400 McAllister Street’ Room 103
San Francisco, CA 94103
Limited Civil Jurisdiction
2. The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: i
(El nombre, la direccién y el nimero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): i
James M. Millar, SBN 130187 415-981-8100
MILLAR & ASSOCIATES, APLC 415-981-9024 :
120 Montgomery Street, Suite 1600 d
San Francisco, CA 94104
4
3. (Must be answered in all cases) An unlawful detainer. sistant (Bus. & Prof. Code, §§ 6400-6415) x | did not:’ did wo
for pi
Co
ed ai
for compensation give advice or assistance with this Girend bas. ny help. or, advicy inlawful ee
detak sistaRf, gomplete item 6 on the next page) \ Gust nv \ a”
Date: MAY 8°28 g ' Clerk, by : , Deputy
(Fecha) (Secretario)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatién use ef formulario Proof of Service of Summons, (POS-010)).
[SEAL] 4. NOTICE TO THE PERSON SERVED: You are served
a. |__| as an individual defendant.
b. [") as the Person sued under the fictitious name of (specify):
c. las an occupant
d. ___ on behalf of (specify):
under: | CCP 416.10 (corporation) _] CCP 416.60 (minor)
| CCP 416.20 (defunct corporation) {] cep 416.70 (conservatee)
_ CCP 416.40 (association or Partnership) {| CCP 416.90 (authorized person)
—| CCP 415.46 (occupant) _| other (specify):
5._ |_| by personal delivery on (date): Page 1 of 2
“luteal Count of Caton SUMMONS—UNLAWFUL DETAINER—EVICTION (ose Gl Procere BS ERO, 6A, 187
‘SUM-130 (Rev. January 1, 2004] a ns
=---aemaall (Adjunto)[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, , __-Sar number, and address). FOR COURT USE ONLY
James M. Millar, SBN 130187 Tr
MILLAR & ASSOCIATES, APLC
120 Montgomery Street, Suite 1600
~w
Suite 1600 : 1
San Francisco, CA 941 04 Superior Court oi Califomia
TELEPHONE NO; 415-981-8100 Faxno: 415-981-9024 County of San Frasions
Plaintiff ALFREDO MALO
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco MAR 5_ 2008
STREET ADDRESS: 400 McAlister Street, Room j e3
MAILING ADoRess:400 McAllister Street, Room
city ano ap cove: San Francisco, CA G4 106 GORDON Ar Clerk
BRANCH Name: Limited Civil Jurisdiction BY:
CASE NAME: MALO v. PARODI Deputy Clerk
CIVIL CASE COVER SHEET Complex Case Designation
- Unlimited x ‘tmited (| Counter) Joinder
mount unt Filed with first appearance by defendant
excoede $25,000) SS BRE (Cal. Rules of Court, rule 3.402) opr
Items 1-6 below must be completed (see instructions on page 2).
it. Check one box below for the case type that best describes this case: 7
Auto Tort Contract Provisionally Complex Civil Litigation
_ __ Auto (22) i Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
: Uninsured motorist (46) ‘ule 3.740 collections (09) Antitrust/Trade regulation (03)
Other PYPDIWD (Personal Injury/Property ther collections (09) Construction defect (10)
Damage/Wrongful Death) Tort surance coverage (18) ___. Mass tort (40)
__.. Asbestos (04) \___! Other contract (37) Securities litigation (28)
-.. Product liability (24) Real Property Environmental/Toxic tort (30)
Medical malpractice (45) [ | Eminent domain/inverse . Insurance coverage claims arising from the
Other PVPD/WD (23) condemnation (14) above listed provisionally complex case
Wrongful eviction (33) types (41)
Other real property (26)
Non-PUPDWD (Other) Tort
iness tort/unfair business Practice (07) | Enforcement of Judgment
tights (08) Unlawful Detainer Enforcement of judgment (20)
__ Defamation (13) (} Commerciat (31) Miscellaneous Civil Complaint
” Fraud (16) CX | Residential (32) ___. RICO (27)
Intellectual property (19) Drugs (38) -. Other complaint (not specified above) (42)
Professional negligence (25) Judicial Review ‘cellaneous Civil Petition
Other non-PI/PD/WD tort (35) _| Asset forfeiture (05) L Partnership and Corporate governance (21)
Employment J Petition re: arbitration award (11) L__| Other petition (not Specified above) (43)
. Wrongful termination (36) |__| Writ of mandate (02)
_. Other employment (15) {j Other judicial review (39)
2. Thiscase ° jis (Xis not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
t
‘quiring exceptional Judicial management: _
Large number of Separately represented Parties d, Large number of witnesses
Extensive motion Practice raising difficult or novel e. | 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
factors
a
c. Substantial amount of documentary evidence fo Substantial Postjudgment judicial supervision
3. Remedies sought (check ail that apply): a. _X] monetary b. (
4. Number of Causes of action (specify):
5. Thiscase | is X| isnot aclass action suit.
6. If there are any known related cases, file and serve a notice of related case. (You
Date: March 5, 2008
James M. Millar, SBN 130187 »
(TYPE OR PRINT NAME)
NOTICE
¢ Plaintiff must file this cover sheet with the first Paper filed in the action or pfo
under the Probate Code, Family Code, or Welfare and Institutions Code). (
in sanctions.
_! nonmonetary; declaratory or injunctive relief c, Punitive
gding (except small claims cases or cases filed
Rules of Court, rule 3.220.) Failure to file may result
@, this cover sheet will be used for statistical Purposes only.
a a
Form Adopted for Mandatory Use. Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3, 740;
Judicial Counc of California CIVIL CASE COVER SHEET Ss Cal. Standards of Judicial Administration, std 346
(CM.010 (Rev. July 1, 2007] feUD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, ‘Staié Bar number, and address): — FOR COURT USE ONLY
James M. Millar, SBN 130187
[MILLAR & ASSOCIATES, APLC
120 Montgomery Street, Suite 1600
Suite 1600
San Francisco, CA 94104
TeLepHone no. 415-981-8100 FAXNO. (Optional: 415-981-9024 F I L D
E-MAIL ADDRESS (Optiona): Millar@millar-law.com Superior Goart of Ga mia
ATTORNEY FOR (Name): Plaintiff ALFREDO MALO ounty of San Frannisne
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess: 400 McAllister Street, Room 103 mar S 2003
maine appress: 400 McAllister Street, Room 103 .
city ano zipcove: San Francisco, CA 94103 GORDON PAHK-Li, ark
eraNcHNawe. Limited Civil Jurisdiction : Gaulle.
PLAINTIFF: ALFREDO MALO Deputy Clerk
DEFENDANT: CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI
p= DOES 1 TO
COMPLAINT — UNLAWFUL DETAINER* CASE NUMBER:
X_COMPLAINT | __ AMENDED COMPLAINT (Amendment Number): . 7
Jurisdiction (check all that apply): . “ 0
_X ACTION IS A LIMITED CIVIL CASE
Amount demanded [| does not exceed $10,000
|__| exceeds $10,000 but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
from unlawful detainer to general unlimited civil (possession not in issue) “| from limited to unlimited
from unlawful detainer to general limited civil (possession not in issue) rl
| from unlimited to limited
. PLAINTIFF (name each): ALFREDO MALO
alleges causes of action against DEFENDANT (name each): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI
2. a. Plaintiffis (1) _X_) an individual over the age of 18 years. (4) L__ apartnership.
(2) _ _]| a public agency. (5) |__| acorporation.
(3) _ _| other (specify):
b. |__| Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
2627 -A HARRISON STREET, SAN FRANCISCO, CA 94110
4. Plaintiff's interest in the premisesis | | asowner [| other (specify):
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onor about (date): prior to 1/1/08 defendant (name each): CARLOS PARODI, MARGARITA PARODI,
RICHARD PARODI
(1) agreed to rent the premises asa [x] month-to-month tenancy [| other tenancy (specify):
(2) agreed to pay rent of $ 572.00 payable [x | monthly [__] other (specify frequency):
(3) agreed to pay rent onthe | x} first ofthe month | other day (specify):
b. This | written {x ] oral agreement was made with
(1) CJ plaintiff. (3)[__| plaintiffs predecessor in interest.
(2) |__| plaintiff's agent. (4)_) other (specify):
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161).
Page 1 of 3
Form Approved for Optional U LAI UNLAWF' Civil Code, § 1940 et seq
sluicel Counal of Gao COMPLAINT—UN UL DETAINER,, poe go 2008 of Ci Procedure §§ 425.12, 1168
UD-100 [Rev. July 1, 2005] tut-————— ee
[- PLAINTIFF (Name): ALFREDO MAL_- CASE NUMBER:
DEFENDANT (Name): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI
6. c. | The defendants Not named in item 6a are
(1) {__} subtenants.
(2) } assignees.
(3) __) other (specify):
d. ""} The agreement was later changed as follows (specify):
A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
____ and labeled Exhibit 1. (Required for residential Property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
fix! (For residential Py of the written agreement is not attached because (specify reason):
‘ode Civ. Proc., § 1161(2)).
a. Defendant (name each): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI
was served the following notice on the same date and in the same manner:
(1) 3 3-day notice to Pay rent or quit (4) 3-day notice to perform covenants or quit
2) 30-day notice to quit (5) Lx"! 3-day notice to quit
(3) od 60-day notice to quit (6) Other (specify):
b. (1) On (date): March 3, 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.
¢. All facts stated in the notice are true.
d. | x_! The notice included an election of forfeiture.
e. A oopy of the notice is attached and labeled Exhibit 2, (Required for residential Property. See Code Civ. Proc.,
1166.,
f. J Sao on 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:
(1) [| by personally handing a copy to defendant on (date):
(2) |__) by leaving a Copy with (name or description):
€ person of suitable age and discretion, on (date): at defendant's
_ _ residence (_) business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
by posting a copy on the premises on (date): {| AND giving a copy to a person found
residing at the premises AND mailing a copy to defendant at the Premises on
(date):
(a) — because defendant's residence and usual place of business cannot be ascertained OR
(o) ___] because no person of suitable age or discretion can be found there.
(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) |} (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the Parties.
b. __: (Name):
was served on behalf of all defendants who signed a joint written rental agreement.
Information about service of Notice on the defendants alleged in item 7f is stated in Attachment 8c.
d. ____. Proof of service of the notice in item 7a is attached and tabeled Exhibit 3.
UD-100 [Rev. July 1, 2005) COMPLAINT—UNLAWFUL DETAINER Page 2 of 3PLAINTIFF (Name): ALFREDO MAL _ we ‘CASE NUMBER:
DEFENDANT (Name): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI
9. L — Plaintiff demands Possession from each defendant because of expiration of a fixed-term lease.
10.'_ | Atthe time the 3-day notice to pay rent or quit was served, the amount of rent due was $
We | The fair rental value of the premises is $ 19.06 per day.
12. __! Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure
section 1174(b). (State specific facts Supporting a claim up to $600 in Attachment 12.)
13. Awritten agreement between the parties provides for attorney fees.
14. X., Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,
and date of passage): San Francisco Rent Ordinance, enacted 1979, as amended thereafter.
Plaintiff has met all applicable requirements of the ordinances.
15. Other allegations are stated in Attachment 15.
16. Plaintiff accepts the jurisdictional limit, if any, of the court.
17. PLAINTIFF REQUESTS
a. possession of the premises. fox) damages at the rate stated in item 11 from
b. costs incurred in this Proceeding: (date): 3/4/08 for each day that
c. __} past-due rent of $ defendants remain in possession through entry of judgment.
d. __} reasonable attorney fees. g. [| statutory damages up to $600 for the conduct alleged in
e. |X | forfeiture of the agreement. item 12.
h. “xX 5 other (specify): Such other and further relief as may be
granted by this Court
18. x » Number of pages attached (specify) 4
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-641 5)
19. (Complete in all cases.) An unlawful detainer assistant
x didnet |" | did for compensation give advice or assistance
with this form. (if plaintiff has received any help or advice fo!
Pay from an unlawful detainer assistant, state):
a. Assistant's name: ¢. Telephone No.:
b, Street address, city, and Zip code: d. County of registration:
. Registration No.:
f. Expires on (date):
Date: March 5, 2008
James M. Millar, SBN 130187
(TYPE OR PRINT NAME)
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATI
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
| am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date: March 5, 2008 _
Gold \y phe
ALFREDO MALO LCD
7 (TYPE PRINT NAME) (SIGNATURE OF PLAINTIFF)
oc
UD-100 (Rev. July 1, 2005] COMPLAINT—UNLAWFUL DETAINER Page 30f3ATTACHMENT 8C.
Defendants Carlos Parodi and Margarita Parodi were personally served with the THREE DAY
NOTICE TO QUIT on February 29, 2008.
Defendant Richard Parodi was served by substituted service on February 29, 2009, and thereafter
was mailed a copy of the NOTICE TO QUIT by first class mail on February 29, 2008.WT MILLAR & ASSOCIATES
A Professional Law Corporation
120 Montgomery Street, Suite 1600
San Francisco, CA 94104
Telephone (415) 981-8100
Facsimile (415) 981-9024
THREE (3) DAYS NOTICE TO QUIT
TO:
Carlos Parodi
Margarita Parodi
Richard Parodi
ALL PERSONS CLAIMING ANY RIGHT OF OCCUPANCY
2627-A Harrison Street
San Francisco, CA 94110
PLEASE TAKE NOTICE that you are hereby required within three (3) days of the service upon
you of this notice to quit the premises, to remove from and deliver up possession of the
premises now held and occupied by you to the MILLAR & ASSOCIATES APLC, located at 120
Montgomery Street, Suite 1600, San Francisco, CA 94104; who is authorized to receive the
same, or the owner(s of said premises, ALFREDO MALO, being those premises situated in the
City and County of San Francisco, State of California, commonly known as:
2627-A Harrison Street, San Francisco, CA 94110
THIS NOTICE is intended for the purpose of declaring the termination of the written rental
agreement by which you now hold possession of the above-described premises, and the
forfeiture of the agreement under which you occupy the same. Should you fail to comply,
legal proceedings will be instituted against you to recover possession, and to recover
damages for the period of unlawful detention.
THIS NOTICE states a breach which provides good cause for eviction, and complies with
the San Francisco Administrative Code, Chapter 37, section 37.9(a)(3), in that Possession is
sought under the grounds stated therein, specifically, that the tenant is committing or
permitting to exist a nuisance in, or is creating a substantial interference with the comfort,
safety or enjoyment of the landlord or other tenants in the building, and the nature of such
nuisance, damage or interference is specifically stated by the landlord in the writing as
required by Section 37.9(c).
Section 37.9(a)(3) provides as follows:
(3) The tenant is committing or permitting to exist a nuisance in, or is causing
substantial damage to, the rental unit, or is creating a substantial interference with
the comfort, safety or enjoyment of the landlord or tenants in the building, and the
millar-law.com“THREE DAYS NOTICE TO Qt
Page 2
nature of such nuisance, damage or interference is specifically stated by the landlord
in the writing as required by Section 37.9(c);
The nuisances being committed by the tenant include the following:
1. You have had repeated violent incidents at the Premises, placing family members,
others tenants and neighbors in fear for their lives, and necessitating repeated police
interventions,
2. You and/or occupants and invitees are conducting drug sales and Purchases at the
premises.
3. You have committed repeated threats of violence at the premises against neighbors,
causing other tenants in the building to move away.
4. In the last 60 days you have threatened physical violence against the owner Alfredo
Malo and his family members,
5. Within the last 60 days, there have been guns brandished in a threatening manner
against other occupants of the building.
6. On or about February 27, 2008, there was a police raid at the Premises, based upon
continuing illegal drug activity at the Premises,
This notice is served in good faith and without ulterior motives by the Landlord, in conformity
with the San Francisco Rent Stabilization and Arbitration Ordinance.
millar-law.comTHREE DAYS NOTICE TO QL__
Page 3
You are also notified that any questions or advice regarding this notice may be obtained at
the San Francisco Residential Rent Board, located at 25 Van Ness Avenue, Suite 320, San
Francisco, California.
This Notice supersedes any prior notices, if any, served by the Landlord.
JAMES M. MILLAR, Attorney for Owner
/
cc: SF Rent Board
millar-law.com a =
‘2°
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AUTON San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Mar-05-2008 1:00 pm Case Number: CUD-08-625226 Filing Date: Mar-05-2008 12:57 Juke Box: 001 Image: 02046602 COMPLAINT ALFREDO MALO vs. CARLOS PAROD/ et al 001C02046602 Instructions: Please place this sheet on top of the document to be scanned.SUM)..ONS CITACION JUDICIAL) UNLAWFUL DET, ‘AINER—EVICTION (RETENCION ILICITA DE UN INMUEBLE—DESALOJO) NOTICE TO DEFENDANT: (AVISO AL PRAEINDADO): ARLOS PARODI, MARG, RITA PARODI, RICHARD PARODI YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): ALFREDO MALO You have 5 CALENDAR DAYS after this Copy served on the plaintiff. (To calculate the five days, count Saturday and unday, but do not count other court holidays. If the last day falls ona Saturday, Sunday, or a court holiday 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.goviselfhelp), 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. 'f you do not file your response on time, you may lose the case by default, and your wages, money, and Program. You can locate these Nonprofit groups at the California Legal Services Web site (www.lawhelpealifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.goviseithelp), or by contacting your local court or county bar association. The name and address of the court i (El nombre y direccién de la corte es): San Francisco Superior Court 400 McAllister Street, Room 103 400 McAllister Street’ Room 103 San Francisco, CA 94103 Limited Civil Jurisdiction 2. The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: i (El nombre, la direccién y el nimero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): i James M. Millar, SBN 130187 415-981-8100 MILLAR & ASSOCIATES, APLC 415-981-9024 : 120 Montgomery Street, Suite 1600 d San Francisco, CA 94104 4 3. (Must be answered in all cases) An unlawful detainer. sistant (Bus. & Prof. Code, §§ 6400-6415) x | did not:’ did wo for pi Co ed ai for compensation give advice or assistance with this Girend bas. ny help. or, advicy inlawful ee detak sistaRf, gomplete item 6 on the next page) \ Gust nv \ a” Date: MAY 8°28 g ' Clerk, by : , Deputy (Fecha) (Secretario) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatién use ef formulario Proof of Service of Summons, (POS-010)). [SEAL] 4. NOTICE TO THE PERSON SERVED: You are served a. |__| as an individual defendant. b. [") as the Person sued under the fictitious name of (specify): c. las an occupant d. ___ on behalf of (specify): under: | CCP 416.10 (corporation) _] CCP 416.60 (minor) | CCP 416.20 (defunct corporation) {] cep 416.70 (conservatee) _ CCP 416.40 (association or Partnership) {| CCP 416.90 (authorized person) —| CCP 415.46 (occupant) _| other (specify): 5._ |_| by personal delivery on (date): Page 1 of 2 “luteal Count of Caton SUMMONS—UNLAWFUL DETAINER—EVICTION (ose Gl Procere BS ERO, 6A, 187 ‘SUM-130 (Rev. January 1, 2004] a ns =---aemaall (Adjunto)[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, , __-Sar number, and address). FOR COURT USE ONLY James M. Millar, SBN 130187 Tr MILLAR & ASSOCIATES, APLC 120 Montgomery Street, Suite 1600 ~w Suite 1600 : 1 San Francisco, CA 941 04 Superior Court oi Califomia TELEPHONE NO; 415-981-8100 Faxno: 415-981-9024 County of San Frasions Plaintiff ALFREDO MALO ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco MAR 5_ 2008 STREET ADDRESS: 400 McAlister Street, Room j e3 MAILING ADoRess:400 McAllister Street, Room city ano ap cove: San Francisco, CA G4 106 GORDON Ar Clerk BRANCH Name: Limited Civil Jurisdiction BY: CASE NAME: MALO v. PARODI Deputy Clerk CIVIL CASE COVER SHEET Complex Case Designation - Unlimited x ‘tmited (| Counter) Joinder mount unt Filed with first appearance by defendant excoede $25,000) SS BRE (Cal. Rules of Court, rule 3.402) opr Items 1-6 below must be completed (see instructions on page 2). it. Check one box below for the case type that best describes this case: 7 Auto Tort Contract Provisionally Complex Civil Litigation _ __ Auto (22) i Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) : Uninsured motorist (46) ‘ule 3.740 collections (09) Antitrust/Trade regulation (03) Other PYPDIWD (Personal Injury/Property ther collections (09) Construction defect (10) Damage/Wrongful Death) Tort surance coverage (18) ___. Mass tort (40) __.. Asbestos (04) \___! Other contract (37) Securities litigation (28) -.. Product liability (24) Real Property Environmental/Toxic tort (30) Medical malpractice (45) [ | Eminent domain/inverse . Insurance coverage claims arising from the Other PVPD/WD (23) condemnation (14) above listed provisionally complex case Wrongful eviction (33) types (41) Other real property (26) Non-PUPDWD (Other) Tort iness tort/unfair business Practice (07) | Enforcement of Judgment tights (08) Unlawful Detainer Enforcement of judgment (20) __ Defamation (13) (} Commerciat (31) Miscellaneous Civil Complaint ” Fraud (16) CX | Residential (32) ___. RICO (27) Intellectual property (19) Drugs (38) -. Other complaint (not specified above) (42) Professional negligence (25) Judicial Review ‘cellaneous Civil Petition Other non-PI/PD/WD tort (35) _| Asset forfeiture (05) L Partnership and Corporate governance (21) Employment J Petition re: arbitration award (11) L__| Other petition (not Specified above) (43) . Wrongful termination (36) |__| Writ of mandate (02) _. Other employment (15) {j Other judicial review (39) 2. Thiscase ° jis (Xis not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the t ‘quiring exceptional Judicial management: _ Large number of Separately represented Parties d, Large number of witnesses Extensive motion Practice raising difficult or novel e. | 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 factors a c. Substantial amount of documentary evidence fo Substantial Postjudgment judicial supervision 3. Remedies sought (check ail that apply): a. _X] monetary b. ( 4. Number of Causes of action (specify): 5. Thiscase | is X| isnot aclass action suit. 6. If there are any known related cases, file and serve a notice of related case. (You Date: March 5, 2008 James M. Millar, SBN 130187 » (TYPE OR PRINT NAME) NOTICE ¢ Plaintiff must file this cover sheet with the first Paper filed in the action or pfo under the Probate Code, Family Code, or Welfare and Institutions Code). ( in sanctions. _! nonmonetary; declaratory or injunctive relief c, Punitive gding (except small claims cases or cases filed Rules of Court, rule 3.220.) Failure to file may result @, this cover sheet will be used for statistical Purposes only. a a Form Adopted for Mandatory Use. Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3, 740; Judicial Counc of California CIVIL CASE COVER SHEET Ss Cal. Standards of Judicial Administration, std 346 (CM.010 (Rev. July 1, 2007] feUD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, ‘Staié Bar number, and address): — FOR COURT USE ONLY James M. Millar, SBN 130187 [MILLAR & ASSOCIATES, APLC 120 Montgomery Street, Suite 1600 Suite 1600 San Francisco, CA 94104 TeLepHone no. 415-981-8100 FAXNO. (Optional: 415-981-9024 F I L D E-MAIL ADDRESS (Optiona): Millar@millar-law.com Superior Goart of Ga mia ATTORNEY FOR (Name): Plaintiff ALFREDO MALO ounty of San Frannisne SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess: 400 McAllister Street, Room 103 mar S 2003 maine appress: 400 McAllister Street, Room 103 . city ano zipcove: San Francisco, CA 94103 GORDON PAHK-Li, ark eraNcHNawe. Limited Civil Jurisdiction : Gaulle. PLAINTIFF: ALFREDO MALO Deputy Clerk DEFENDANT: CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI p= DOES 1 TO COMPLAINT — UNLAWFUL DETAINER* CASE NUMBER: X_COMPLAINT | __ AMENDED COMPLAINT (Amendment Number): . 7 Jurisdiction (check all that apply): . “ 0 _X ACTION IS A LIMITED CIVIL CASE Amount demanded [| does not exceed $10,000 |__| exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): from unlawful detainer to general unlimited civil (possession not in issue) “| from limited to unlimited from unlawful detainer to general limited civil (possession not in issue) rl | from unlimited to limited . PLAINTIFF (name each): ALFREDO MALO alleges causes of action against DEFENDANT (name each): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI 2. a. Plaintiffis (1) _X_) an individual over the age of 18 years. (4) L__ apartnership. (2) _ _]| a public agency. (5) |__| acorporation. (3) _ _| other (specify): b. |__| Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): 3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 2627 -A HARRISON STREET, SAN FRANCISCO, CA 94110 4. Plaintiff's interest in the premisesis | | asowner [| other (specify): 5. The true names and capacities of defendants sued as Does are unknown to plaintiff. 6. a. Onor about (date): prior to 1/1/08 defendant (name each): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI (1) agreed to rent the premises asa [x] month-to-month tenancy [| other tenancy (specify): (2) agreed to pay rent of $ 572.00 payable [x | monthly [__] other (specify frequency): (3) agreed to pay rent onthe | x} first ofthe month | other day (specify): b. This | written {x ] oral agreement was made with (1) CJ plaintiff. (3)[__| plaintiffs predecessor in interest. (2) |__| plaintiff's agent. (4)_) other (specify): *NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161). Page 1 of 3 Form Approved for Optional U LAI UNLAWF' Civil Code, § 1940 et seq sluicel Counal of Gao COMPLAINT—UN UL DETAINER,, poe go 2008 of Ci Procedure §§ 425.12, 1168 UD-100 [Rev. July 1, 2005] tut-————— ee [- PLAINTIFF (Name): ALFREDO MAL_- CASE NUMBER: DEFENDANT (Name): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI 6. c. | The defendants Not named in item 6a are (1) {__} subtenants. (2) } assignees. (3) __) other (specify): d. ""} The agreement was later changed as follows (specify): A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached ____ and labeled Exhibit 1. (Required for residential Property, unless item 6f is checked. See Code Civ. Proc., § 1166.) fix! (For residential Py of the written agreement is not attached because (specify reason): ‘ode Civ. Proc., § 1161(2)). a. Defendant (name each): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI was served the following notice on the same date and in the same manner: (1) 3 3-day notice to Pay rent or quit (4) 3-day notice to perform covenants or quit 2) 30-day notice to quit (5) Lx"! 3-day notice to quit (3) od 60-day notice to quit (6) Other (specify): b. (1) On (date): March 3, 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. ¢. All facts stated in the notice are true. d. | x_! The notice included an election of forfeiture. e. A oopy of the notice is attached and labeled Exhibit 2, (Required for residential Property. See Code Civ. Proc., 1166., f. J Sao on 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: (1) [| by personally handing a copy to defendant on (date): (2) |__) by leaving a Copy with (name or description): € person of suitable age and discretion, on (date): at defendant's _ _ residence (_) business AND mailing a copy to defendant at defendant's place of residence on (date): because defendant cannot be found at defendant's residence or usual place of business. by posting a copy on the premises on (date): {| AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the Premises on (date): (a) — because defendant's residence and usual place of business cannot be ascertained OR (o) ___] because no person of suitable age or discretion can be found there. (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) |} (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written commercial lease between the Parties. b. __: (Name): was served on behalf of all defendants who signed a joint written rental agreement. Information about service of Notice on the defendants alleged in item 7f is stated in Attachment 8c. d. ____. Proof of service of the notice in item 7a is attached and tabeled Exhibit 3. UD-100 [Rev. July 1, 2005) COMPLAINT—UNLAWFUL DETAINER Page 2 of 3PLAINTIFF (Name): ALFREDO MAL _ we ‘CASE NUMBER: DEFENDANT (Name): CARLOS PARODI, MARGARITA PARODI, RICHARD PARODI 9. L — Plaintiff demands Possession from each defendant because of expiration of a fixed-term lease. 10.'_ | Atthe time the 3-day notice to pay rent or quit was served, the amount of rent due was $ We | The fair rental value of the premises is $ 19.06 per day. 12. __! Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts Supporting a claim up to $600 in Attachment 12.) 13. Awritten agreement between the parties provides for attorney fees. 14. X., Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): San Francisco Rent Ordinance, enacted 1979, as amended thereafter. Plaintiff has met all applicable requirements of the ordinances. 15. Other allegations are stated in Attachment 15. 16. Plaintiff accepts the jurisdictional limit, if any, of the court. 17. PLAINTIFF REQUESTS a. possession of the premises. fox) damages at the rate stated in item 11 from b. costs incurred in this Proceeding: (date): 3/4/08 for each day that c. __} past-due rent of $ defendants remain in possession through entry of judgment. d. __} reasonable attorney fees. g. [| statutory damages up to $600 for the conduct alleged in e. |X | forfeiture of the agreement. item 12. h. “xX 5 other (specify): Such other and further relief as may be granted by this Court 18. x » Number of pages attached (specify) 4 UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-641 5) 19. (Complete in all cases.) An unlawful detainer assistant x didnet |" | did for compensation give advice or assistance with this form. (if plaintiff has received any help or advice fo! Pay from an unlawful detainer assistant, state): a. Assistant's name: ¢. Telephone No.: b, Street address, city, and Zip code: d. County of registration: . Registration No.: f. Expires on (date): Date: March 5, 2008 James M. Millar, SBN 130187 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) VERIFICATI (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) | am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: March 5, 2008 _ Gold \y phe ALFREDO MALO LCD 7 (TYPE PRINT NAME) (SIGNATURE OF PLAINTIFF) oc UD-100 (Rev. July 1, 2005] COMPLAINT—UNLAWFUL DETAINER Page 30f3ATTACHMENT 8C. Defendants Carlos Parodi and Margarita Parodi were personally served with the THREE DAY NOTICE TO QUIT on February 29, 2008. Defendant Richard Parodi was served by substituted service on February 29, 2009, and thereafter was mailed a copy of the NOTICE TO QUIT by first class mail on February 29, 2008.WT MILLAR & ASSOCIATES A Professional Law Corporation 120 Montgomery Street, Suite 1600 San Francisco, CA 94104 Telephone (415) 981-8100 Facsimile (415) 981-9024 THREE (3) DAYS NOTICE TO QUIT TO: Carlos Parodi Margarita Parodi Richard Parodi ALL PERSONS CLAIMING ANY RIGHT OF OCCUPANCY 2627-A Harrison Street San Francisco, CA 94110 PLEASE TAKE NOTICE that you are hereby required within three (3) days of the service upon you of this notice to quit the premises, to remove from and deliver up possession of the premises now held and occupied by you to the MILLAR & ASSOCIATES APLC, located at 120 Montgomery Street, Suite 1600, San Francisco, CA 94104; who is authorized to receive the same, or the owner(s of said premises, ALFREDO MALO, being those premises situated in the City and County of San Francisco, State of California, commonly known as: 2627-A Harrison Street, San Francisco, CA 94110 THIS NOTICE is intended for the purpose of declaring the termination of the written rental agreement by which you now hold possession of the above-described premises, and the forfeiture of the agreement under which you occupy the same. Should you fail to comply, legal proceedings will be instituted against you to recover possession, and to recover damages for the period of unlawful detention. THIS NOTICE states a breach which provides good cause for eviction, and complies with the San Francisco Administrative Code, Chapter 37, section 37.9(a)(3), in that Possession is sought under the grounds stated therein, specifically, that the tenant is committing or permitting to exist a nuisance in, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or other tenants in the building, and the nature of such nuisance, damage or interference is specifically stated by the landlord in the writing as required by Section 37.9(c). Section 37.9(a)(3) provides as follows: (3) The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building, and the millar-law.com“THREE DAYS NOTICE TO Qt Page 2 nature of such nuisance, damage or interference is specifically stated by the landlord in the writing as required by Section 37.9(c); The nuisances being committed by the tenant include the following: 1. You have had repeated violent incidents at the Premises, placing family members, others tenants and neighbors in fear for their lives, and necessitating repeated police interventions, 2. You and/or occupants and invitees are conducting drug sales and Purchases at the premises. 3. You have committed repeated threats of violence at the premises against neighbors, causing other tenants in the building to move away. 4. In the last 60 days you have threatened physical violence against the owner Alfredo Malo and his family members, 5. Within the last 60 days, there have been guns brandished in a threatening manner against other occupants of the building. 6. On or about February 27, 2008, there was a police raid at the Premises, based upon continuing illegal drug activity at the Premises, This notice is served in good faith and without ulterior motives by the Landlord, in conformity with the San Francisco Rent Stabilization and Arbitration Ordinance. millar-law.comTHREE DAYS NOTICE TO QL__ Page 3 You are also notified that any questions or advice regarding this notice may be obtained at the San Francisco Residential Rent Board, located at 25 Van Ness Avenue, Suite 320, San Francisco, California. This Notice supersedes any prior notices, if any, served by the Landlord. JAMES M. MILLAR, Attorney for Owner / cc: SF Rent Board millar-law.com a = ‘2°