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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
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Document Scanning Lead Sheet
Apr-14-2009 12:22 pm
Case Number: CUD-09-629368
Filing Date: Apr-14-2009 12:19
Juke Box: 001 Image: 02464871
COMPLAINT
THE JOHN STEWART COMPANY VS. NILO RESLEURE et al
001002464871
Instructions:
Please place this sheet on top of the document to be scanned.SUM-130
SUMMONS
(CITACN_. JUDICIAL)
UNLAWFUL DETAINER—EVICTION
(RETENCION ILICITA DE UN INMUEBLE—DESALOJO)
NOTICE TO DEFENDANT:
{A VISO AL DEMANDADO):
Nilo Resleure and Does 1-20 inclusive
‘FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL. DEMANDANTE):
The John Stewart Company
You have § CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a
copy served on the piaintiff. (To calculate the five days, count Saturday and Sunday, but do not count other court hotidays. tf the last day
falls on a 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 lega! 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 Catifornia Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), your county taw tibrary, 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 lose the case by defautt, and your wages, money, and
Property may be taken without further waming 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 legal services from a nonprofit legal services
program, You can locate these nonprofit groups at the California Legat Services Web site (www.tawhelpcalifornia.org), the California
Courts Online Self-Help Center (www.courtinfo.ca.goviselthelp), or by contacting your local court or county bar association,
Tlene 5 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales Para presentar una respuesta por escrito en
esta corte y hacer que se entreque una copta al demandante. (Para catcular los cinco dias, cuente los sdbados y los domingos pero no los
otros dias feriados de ia corte. Si el Gitimo dia cae en sibado 0 domingo, o en un dia en que la corte esté cerrada, tiene hasta ef Préximo.
dia de corte Para presentar una respuesta por escrito), Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene
que estar en formato legal correcto s! 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 Ia corte y més informacién en el Centro de Ayuda de las Cortes de California
(www.courtinfo.ca.gov/seifhelp/espanol), en fa biblioteca de Jeyes de su condado 0 en Ia corte que le quede m4s cerca. SIno puede pagar
la cuota de presentacién, pida al secretario de 1a corte que le dé un formulario de exencién de Pago de cuotas. Sino presenta su respuesta
a tempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y blenes sin més advertencia.
Hay otros requisitos legates. Es recomendabie que flame aun abogado Inmediatamente. Sino conoce a un abogado, puede Hamar a un)
servicio de remisién a abogados. Sf no puede pagar a un abogado, es posible que cumpla con los requisites para obtener servicios
Jegales gratultos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de
California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Aj \yuda de las Cortes de California,
(www.courtinfo.ca.gov/selfhelp/espanol) o poniéndose en contacto con Ia corte o ef colegia de aboga:
a e court is:
(El nombre y direccién de fa corte es):
San Francisco Superior Court Limited Jurisdiction
400 McAllister Room 103
San Francisco, CA 94102
2. The name, address, and tetephone number of plaintiff's attomey, or plaintiff without an attomey, is:
(El nombre, ta direccién y el namero de teléfono del ebogado del demandante, o del demandante que no tiene abogado, es):
Mercedes A. Gavin; LAW OFFICES OF MERCEDES GAVIN; 145 Town Center #593; Corte Madera, CA 94925;
(415)497-1493
3. (Must be answered in all cases) An unlawfut detainer assistant (Bus. & Prof. Code, §§6400-6415) [X] didnot] dia
for compensation give advice or assistance with this form. (If plaintiff has receized any help or advice for pay from an unlawful
detainer assistant, complete item 6 on the next page.)
Date:
eer) APR 4 A 2009 GORDON PARK-LI (Secretario (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).
a. Basan individuat defendant
b. [1] as the person sued under the fictitious name of (specify):
c.(] asanoccupant
4.) on behait of specify):
under: [7] CCP 416.10 (corporation) 1 cep 416.60 (minor)
CQ cep 416.20 (defunct corporation) 1 ccp 416.70 (conservatee)
C1 cP 416.40 (association or partnershie) [] cp 418.90 (authorized person)
C1 cep 4ts.ae (occupant) C1 other (specity):
by personal delivery on (date): Page tof 2
Ure jucraal Counel of Caltorva SUMMONS—UNLAWFUL DETAINER—EVICTION _ py Sew ie 20. S13 S08. UOT
SUN-130 (Rev. Joruary 1, 2004)C C
MERCEDES A. GAVIN SBN164575
145 Corte Madera Town Center #593
Corte Madera, CA 94925
Telephone: (415) 497-1493
FLEE E, Court
Attorneys for Plaintiff _ APR 1 4 2009
The John Stewart Company
GORDON PARK-LI, Clerk
we Phot Oot ae
Deputy Clerk
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
LIMITED CIVIL JURISDICTION
Case No.; SUB 09 ~62 9368
COMPLAINT FOR UNLAWFUL DETAINER
The John Stewart Company
Plaintiff,
vs.
)
)
)
)
}
)
Nilo Resteure and Does 1-20 inclusive. }
)
Defendants. }
)
)
)
Plaintiff complains of defendants and as and for a cause of action alleges:
1. At all times mentioned herein, Plaintiff The John Stewart Company is and was a
California Corporation.
2. That at all times herein mentioned, plaintiff The John Stewart Company interest
in the premises located at 1245 F Northpoint Drive, Treasure Island, San
Francisco, California, 94130; San Francisco County, hereafter the “premises”, is
and was as the lessee of the from the owner, and then this Plaintiff
subsequently subleased to Defendant the premises.
1
COMPLAINT FOR UNLAWFUL DETAINERnN
10.
C C
The true names and capacities of the defendants sued herein as DOES 1-20 is at
this time unknown to plaintiff, who therefore sues them under such fictitious
names. When the true names and capacities of said defendants are ascertained
by plaintiff, plaintiff will ask leave to amend this unlawful detainer complaint and
insert such true names and capacities.
That on March 1, 2009 defendant Nilo Resleure became a tenant of the
premises pursuant to a written lease for a one year tenancy, with plaintiff The
John Stewart Company leasing the premises to defendant. Attached hereto as
Exhibit “1” and incorporated by reference is a true and correct copy of the
residential lease agreement.
Defendants not named in paragraph 3 and 4 are subtenants, assignees or others
claiming a right to possession.
The initial contract monthly rental rate was $1,748.00, payable in advance on
the first day of each month.
On April 10, 2009, plaintiff The John Stewart Company caused Defendant to be
served a 3 Day Notice to Quit, attached hereto as Exhibit “2” and incorporated
by reference is a true and correct copy of that notice. The 3 Day Notice to Quit
was served on April 10, 2009 by posting a copy of the notice to defendant at
the premises and by mailing a copy to defendant at the premises on April 1,
2009,
On April 13, 2009 the period stated in the 3-Day Notice to Quit expired at the
end of the day.
Defendant failed to comply with the requirements of the above 3-Day Notice to
Quit by the end of the day on April 6, 2009.
All facts stated in the 3-Day Notice to Quit are true.
The 3-Day Notice to Quit included an election of forfeiture.
2
COMPLAINT FOR UNLAWFUL DETAINER:=
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14,
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Defendant continues in possession of the premises without plaintiff's permission
and plaintiff is entitled to recover possession of the premises.
The fair rental value of the premises is $58.26 per day.
Defendant's tenancy is not subject to Residential Rent Stabilization Ordinance
Chapter 37 of the S.F. Admin. Code (6/13/79) because it is not a renta! unit as
defined by the rent ordinance.
The written rental agreement between the parties provides for attorney fees.
An unlawful detainer assistant did not for compensation give advice or
assistance with this complaint.
There is no other action pending between the same parties for the same cause
of action.
WHEREFORE, plaintiff prays judgment against defendants as follows:
1. For restitution and possession of the premises and forfeiture of the lease under the
3 Day Notice to Quit;
2. For damages at the rate of $58.26 per day from the date the complaint is filed until
the date of entry of judgment;
3. Reasonable attorney fees;
4. For Costs of suit herein incurred; and
5. For such other and further relief as the Court deems proper.
DATED: April 14, 2009 LAW OFFICES OF MERCEDES A. GAVIN
By: Wiereade tGe
MERCEDES A. GAVIN, Attorney for Plaintiff
COMPLAINT FOR UNLAWFUL DETAINEREXHIBIT 184/87/2083 11:07 4158340218 T IT VILLAGES: reo ours
TREASURE ISLAND
YERBA BUENA ISLAND
RESIDENTIAL LEASE
I. PARTIES:
THIS AGREEMENT is made on the 26 February 2008 between Nilo Resleure
(hereinafter called “Lessee") and The John Stewart Company (herelnafter called
(Lessor).
ITIS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
I. DESCRIPTION:
The Lessor hereby leases to the Lessee and tha Lessee hires from Lessor, on the
terms and conditions hereinafter set forth, all the property situated in the County of
San Francisco, State of California, described as follows, to wit: Apartment No, 1245-F
at Northpoint Drive, San Francisco, California 94130 (the “Premises”).
It. TERM: The term of the lease shall be for one year beginning 1 March 2008 payable @
$4,748.00 per month. At expiration of lease term, this lease will not automatically
Tenew.
Lessee hereby acknowledges that the Lessor is a sublessee of the Treasure Island
Development Authority and that the Treasure Island Development Authority acquired a
leasehold interest to the Premises from the United States Navy under a master lease
which pre-dates this lease agreement. Lessee further acknowledges that the
- Mithough Lessor has entered Into a seven (7) year
“1d Development Authority commencing on or about
T ‘e's tight to occupy the Premises will be subject to
Ra. ro the expiration of the Initlal Term of this Lease, upon
on he Lessee from Lessor for any reason, including the
¢ { ‘t plans by the Authority for the Base. For these
newr
‘ 3ar term of this Lease.
BPH BaP
sean
te ele
Initial Initial Initial
——~—ssidantiaLusa_of the. nremises_is an interim use and the tenancy created under this
ease e
ane ‘wing circumstances: (i) the Authority's master lease
i
hat it may not be entitled to continue to occupy the04/87/2809 11:97 4158340218 12 Vittaoes Fem was
Vil.
All of sald rent shall be paid at the office of the agent of the Lessor, or at such other
place as may be designated by the Lessor. All rent is to be paid on the first day of the
month for the prospective rental period.
RENTS, LATE CHARGES, RETURNED CHECKS:
All rents are due and payable on or before the first day of each month. All rents
shall be pald by check or mioney order, No cash to be accepted. All rents not paid by
the seventh day of the month incur a late charge of $100.00, Retumed checks will
incur a charge of $50.00, in addition to the late charge. If the 7 of the month falls on a
weekend or holiday, the grace perlod will extend to include the next regular working
day. lf & rental check is retuned by the bank payment of rent by money order or
cashler’s check Is required from residents for a one year period.
|
ASSIGNMENT: ‘
The Lessee shall pay the Lessor sald rent in the manner hereinafter specified, and
shall not sublet the whole or any part of said premises, nor sell or assign this lease,
either voluntarily or by opération of law, nor allow sald property to be occupied by
anyone contrary to the termis hereof, without the written consent of the Lessor,
DEFAULT: !
Should sald rant not be paid when due or should the Lessee default in any of the
covenants of conditions céntalned herein, or if the conduct of Lessee or occupants
shall be objectionable In the reasonable opinion of the Lessor, the Lessor or his
representative may elect to terminate this lease.
USE:
The Lessee shall occupy said demised premises and shall keep the same in good
condition Including such improvements as be made thereon hereafter, the usual wear
and tear excepted, and shall not make any alterations thereon without the written
consent of the Lessor and shall not commit or suffer to be committed any waste upon
such premises. Lessee agrees to pay for any damage, including appllances and
fatures, caused by any act of negligence of himself or any member of his family or
guest.
The premises are leased to the Lessee for the purpose of a residential dwelling.
Lessee shall not use, or permit said premises, or any part thereof, to be used for any
purpose or purposes other than the purpose for which the said premises are hereby
leased.
Maximum occupancy of said premises is limited to those named on the lease.
All governmental laws and ordinances shall be complied with Lessee.
: 2s
Initial ye Initial Initial, Initial, Initial. Initial,ream uray
84/87/2889 11:97 wee 12 ViLuAGS
Vill. TENANT/LANDLORD:
The Lessee hereby agrees to be bound, as is the landlord by the amended sections to
the Civil Code Sections 1942, The amendments being: Civil Code Sections 1941.1,
1941.2, 1942.1 and 1942.5, which state, among other things, the conditions for making
tepalrs and deducting same from rents owed.
IX. NUISANCE;
The Lessee agrees not fo engage In any activities which disrupt the Itvabllity of the
project, adversely affect the health or safety of any person or the right of any tenant to
the quiet enjoyment of the leased premisas and related project facilities, or interfere
with the management of the project. Vestibules, hallways, stainways, and other public
passages shall not be obstructed by the Lessee or their quests. Persons will not be
permitted to run or play on balconies or stairways. Lessee agrees to place garbage
and refuse inside the containers provided therefore.
X. MAINTENANCE:
A. The fandiord agrees to:
1. Regularly clean all common areas of the project;
Maintain the common areas and facilities In a safe condition;
Arrange for collection and removal of trash and garbage;
Maintain all equipment and appliances in a safe and working order;
Make necessary repairs with reasonable promptness;
Maintain exterior lighting in good working order:
Provide extermination services as necessary:
Maintain the grounds.
eS NOD a es PN
B. The Lessee agrees to:
1. Keep the unit clean, safe and sanitary;
2. Use all appliances, fixtures and equipment in a safe manner and only for the
purposes for which they are intended:
3. Not litter the grounds or common areas of the project;
3-
iniéeal_NR tata Initial Initial Initial Inital04/87/2089 11:87 4158340218 V1 Vittaces re vrais
Xil,
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xv.
4, Not destroy, deface, damage or remove any part of the unit, common areas or
project grounds;
5. Glve the landtord prompt notice of any defects In the plumbing, fixtures,
appliances, heating and cooling equipment, the smoke detector, or any other
part of the unit or related facllities,
6, Remove garbage and other waste from the unit in a clean and safe manner as
Instructed by management. Trash pick up procadures vary depending upon
location and may be amended from time to time; and
7. Not engage in or permit unlawful activities In the unit, in the common areas or
on the project grounds.
NOTICES:
The Lessee will at all times cooperate with any reasonable House Rules which Lessor
has, or may from time to time, furnish Lessee or post conspicuously on Lessor’s
premises. The Lessee by affixing his signature below acknowledges the receipt of a
copy of the House Rules.
HOLD HARMLESS:
Lessee hereby waives all claims against Lessor for damages to property or injuries to
persons, including Lessee, in or about said premises; and Lessee will hold Lessor
harmless from any damage or Injury to persons or property arising from the use of
premises by Lessee.
LEGAL FEES:
Should the Lessor be compelled to commence or sustain an action at law to collect
said rent, or parts thereof, or for an unlawful detainer, or because of any other breach
of this lease, the Lessee shall pay to the Lessor a reasonable attomey’s fee for which
shall be fixed by the Court
WAIVERS:
The waiver by the Lessor of any covenant or condition herein contained shall not
vitiate the same or any other covenant or condition contained herein and the
successors, and assigns of the respective parties hereto.
SURRENDER CONDITION:
At the expiration of said term, or the sooner determination thereof, the Lessee shall
peacefully quit and surrender possession of sald premises In as good condition as
reasonable use and wear thereof permit.
“4e
Initial 1 Initial, Initial Initial Initial Initial,04/87/2009 11:07 4158340218 T I VILLAGES rece, ood
XVI.
Xvill.
XIX.
DEPOSIT FEES:
Lessee agrees to deposit with the Lessor, on or before occupancy, the sum of
$1,085.00 as security deposit. This sum shall be held by the Lessor as security for the
faithful performances by the Lessee of the terms, covenants and conditions of this
lease by Lessee to be kept performed during the term hereof. In the event of the
fallure of Lessee to keep and perform all of the terms covenants, and conditions of this
lease, then, at the option of the Lessor, sald Lessor may appropriate and apply sald
deposit, or so much thereof by Lessor due to such breach on the part of Lessee.
Should Lessee comply with all of sald terms, covenants, and conditions and promptly
pay all of the rental herein provided for as It falls due, and all other sums payable by
Lessee occupancy in accordance with Califomia State law. A unit is considered
vacated after all personal belongings have been removed and unit keys retumed.
DEPOSIT MAY NOT BE USED AS LAST MONTH'S RENT.
. LEGAL NOTICE:
All notices to be given to Lessee must be given in writing personally or by depositing
same In the United States mail, postage prepald, and addressed to Lessee at the said
premises, whether or not Lessee has departed from, vacated, or abandoned sald
premises,
INSPECTION:
The Lessor, Its agent and/or employees may enter said premises at reasonable times
to Inspect, clean, repair, or show the premises to prospective tenants, purchasers or
fending institutions. The Lessee agrees to allow access and occupancy to workmen for
redecorating, repalring or remodeling of the premises for such time as is necessary.
Additional door locks may not be installed or altered without written permission from
Lessor, Lessor will provide 24 hors notice of intent to enter unit except in emergency,
when Lessor may enter Immediately. Lessor is to leave notice to Lessee that Lessor
entered the unit.
Landiord’s agent shall make an annual inspection of all facilities and units. Agent shall
designate a day when such inspection shall be made and so notify the resident at least
five days prior thereto.
NOTICE TO VACATE:
A thirty (30) day written notice of the Lessee’s intention to vacate the premises must
be given to the Lessor. Any deposits that the Lessee may have on deposit with the
Lessor are nat to be considered the Last Month's rent. Refunds of security deposits
will be made by Lessor after the premises are vacated. Lessor may terminate this
lease if any local, state or federal agency orders the vacancy of tha premises for
health or safety reasons,
-5-
Initial Initial, Initial Initial, Initial Initial84/87/2003 11:87 aseneee T I VILLAGES ree uarae
XX. UTILITIES
Lessor will provide for utilities water, sewer, electricity, gas and garbage
removal,
XXI, HAZARDOUS MATERIALS:
Lessor will not allow the storage of any hazardous materials on or around the
premises and will not cause materials to be released anywhere on the
property
XXII, ACKNOWLEDGEMENT OF INAPPLICABILITY OF the San Francisco Residential
Rent Stabilization and Arbitration Ordinance (No. 276-79)(the “Ordinance”):
Lessee hereby acknowledged and agrees that because the rents for housing units on
Treasure Island and Yerba Buena Island are set by a governmental authority the
Treasure Island Development Authority, housing units on Treasure Island and Yerba
Buena Island are exempt from the provisions of the San Francisco Rent Stabilization
and Arbitration Ordinance. Notwithstanding the foregoing, (I) upon the renewal or
extension of this Lease (but not after any vacancy or termination), the Rent noted in
Section III above will not be Increased by an amount or at a rate greater than as would
be permitted under the Ordinance, and (ii) Lessor shall not seek to evict or otherwise
tecover possession of the Premises form the Lessee unless such action Is based on
one of the reasons set forth below:
(1) The tenant has failed to pay the rent ta which the landlord Is awfully entitled under
the oral or written agreement between the tenant and landlord or habitually pays
the rent late or gives checks which are frequently returned because there are
insufficient funds in the checking account; or
(2) The tenant has violated the fawful obligation or covenant of tenancy and failed to
cure such violation after having received written notice thereof from the landlord; or
{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 tenant In the bullding, and the
nature of such nuisance, damage or interference Is specifically stated by the
landlord in writing;
(4) The tenant is using or permitting a rental unit to be used for any illegal purpose; or
(5) The tenant has after written notice fo cease, refused the landlord access to the
rental unit s required by state or local law; or
(6) A subtenant or other person not approved by landiord Is occupying the rental unit;
oO ,
{7) The term of the lease has expired; or
b=
Initial, At Initial Initial Initial nite) Initial,04/87/2809 11:87 “aspeacee T 2 VILLAGES com 1urae
C
(8) The reasons set forth In Section III of this lease.
This provision Is not Intended to impose, nor shall it be construed as requiring,
Compliance with any of the procedural or administrative requirements of the
Ordinance, including, but not limited to the requirements of Sections 37.1{a)(3), (5),
(11), (12) and (14) of the Ordinance. Tenant further acknowledges and agrees that
nothing herein shall Impose the Jurisdiction of the Ordinance on this Lease, nor is it
Intended to Imply that any rules, policies or precedents of the Ordinance apply to this
Lease.
XXII, AUTHORIZED OCCUPANTS
Nilo Resleure
Name Name
—
Name Name
IN WITNESS WHEREOF, the Lessor and the Lessee have executed this lease as of the date and year first
above written, .
TREASURE ISLAND / YERBA BUENA ISLAND:
By:,
LESSEE (a!
By.
(Date)
By.
(Date)
By,
(Date)
By,
(Date)
by.
(Date)
fae 77
Initial, Initial Initial Initial, Initial, InitialEXHIBIT 2THREE DAY NOTICE TO QUIT
[California Code of Civil Procedure Section 1161(4)]
To: Nilo Resleure, and DOES 1 to 20 and all other persons claiming a right to
possession.
PREMISES TO WHICH THIS NOTICE RELATES:
1245 F Northpoint Drive, Treasure Island, City and County of San Francisco,
California, 94130 including any and all garage, storage and common areas,
hereafter “the Premises”.
NOTICE !S HEREBY GIVEN that your tenancy of the aforesaid premises is
terminated as of three (3) days after service on you of this notice (excluding
the date of service). You are required to deliver possession of said premises
to the landlord, on or before the expiration of said three (3) day period or a
lawsuit will be brought against you for possession of the said premises,
damages, and costs of suit, which may include attorney's fees.
Possession of the aforesaid premises is sought pursuant to:
California Code of Civil Procedure Section 1161(4). This notice is intended as
a three (3} day notice terminating your tenancy pursuant to California Code
of Civil Procedure Section 1161(4}. See Attachment “A” for a specific
statement of the nature of such nuisance and/or unlawful subletting of the
premises, and/or illegal activity.
Rent will be due on a pro rata basis through the last day of the notice period,
if that day does not coincide with the end of a rental period.
You are hereby notified that advice regarding this notice is available from the
Residential Rent Stabilization and Arbitration Board of the City and County of
San Francisco. The Lease agreement between the parties specifically
provides that the parties acknowledge that the housing units on Treasure
Island/Yerba Buena Island are exempt from the provisions of the San
Francisco Rent Stabilization and Arbitration Ordinance.
By:
Mercedes A. Gavin, Esq (415) 497-1493
LAW OFFICES OF MERCEDES A. GAVIN
Attorney for The John Stewart Company
145 Town Center #593
Corte Madera, Ca 94925
{415) 497-1493Page 2 of 4 C Cc
3 Day Notice to Quit
ATTACHMENT “A”
1. On or about March 31, 2009, The Villages at Treasure Island
attempted to perform the Annual Inspection. Upon arriving at the
premises the employees of The Villages at Treasure Island were
informed by Nilo Resleure that that he had forgotten about the
appointment, that some room doors upstairs were locked, that he had
to go to work, and that he wanted to reschedule the inspection for the
next day.
2. On or about April 1, 2009 The Villages at Treasure Island telephoned
Nilo Resteure to remind him about the appointment for the Annual
Inspection. Nilo Resleure insisted that he be present for the inspection.
3. On or about April 1, 2009, when the employee of The Villages at
Treasure Istand arrived at the premises, he introduced himself and
advised Nilo Resleure that he was at the premises to perform the
Annual Inspection to see if the conditions of the premises were in
compliance with the lease. The employee requested that the dog be
placed in the back yard. Nilo Resleure placed the dog in the laundry
room.
Upon entering the premises the employee of The Villages at Treasure
Island inquired as to whether all the doors were unlocked. Nilo
Resleure advised the employee that all the rooms were unlocked
except for the storage room. The employee inquired what storage
room was that. Nilo Resleure advised the employee it was the storage
room upstairs.
The employee went upstairs to perform the Annual Inspection. The
employee found that the first bedroom door was locked and the
second bedroom door had a knob that was encased with a lock. Both
bedrooms were locked and inaccessible. Nilo Resleure advised the
employee that the two bedrooms were the “storage rooms” that he
had earlier referred to that were locked.
The employee of The John Stewart Company requested Nilo Resleure
to unlock the two bedroom doors. Nilo Resleure responded that he did
not have the keys for those rooms. Nilo Resleure advised the
employee that he rents the two bedrooms out for storage and the
person that he rents the two bedrooms to for storage is gone for
about three months out of the country.Page 3 of 4 C Cc
3 Day Notice to Quit
Before leaving the premises, the employee and Nilo Resleure returned
to the living room. On the table there was a zip lock plastic bag with
about 20 curled up green leaf balls believed to be marijuana. Nilo
Resleure immediately grabbed the plastic bag away and apologized to
the employee saying “sorry about that”. Nilo Resleure moved the
plastic bag with the green leaf balls believed to be marijuana and
moved it to another location in the living room.
The employee of The John Stewart Company then handed Nilo
Resleure a 3 Day Notice to Perform Covenant or Quit that would
required him to permit the Annual Inspection of the entire unit without
any access being denied because of locked doors. In response to being
served with the 3 Day Notice to Perform Covenant or Quit, Nilo
Resleure attempted to give the employee money. Nilo Resleure said to
the employee “Here’s 50 bucks man”. The employee refused the 50
dollars.
4. Not permitting the Annual! Inspection to go forward and having two of
the bedrooms locked presents a health and safety risk. It is unknown
all the material that are being stored in the bedroom. It is unknown
whether the electricity to that room has been altered in anyway,
whether there are hazardous materials being stored in the room that
present a health and safety risk. If there is a fire in the room, the fact
that the doors are locked would prevent easy access.
5. On or about April 7, 2009, the day after the 3 Day Notice to Perform
Covenant or Quit expired, The Villages at Treasure Island attempted
again to perform the Annual Inspection at the premises. Upon arriving
at the premises, Nilo Resleure advised the employee that he would not
be given access to the two upstairs bedrooms because they were
locked.
6. Nilo Resleure is unlawfully subletting one or more of the bedrooms at
the premises to someone who is using the bedrooms for storage.
Unauthorized subletting it not permitted. In addition, using the
premises for a business purpose to rent to someone else for storage is
an illegal use of the premises.
7. Qn or about April 8, 2009 Nilo Resteure was observed moving items
from the premises.
8. Based upon The Villages of Treasure Island experience related to units
on Treasure Island being used for the illegal purpose of growing
marijuana, and the following factors it is believed that the premises is
being used for an illegal activity related to drug activity: the upstairsPage 4 of 4
C C
3 Day Notice to Quit
9,
10.
11.
bedrooms are locked and access to the rooms is refused, the
marijuana in the zip lock back in the living room, Nilo Resleure offering
the employee $50.00 after being served a 3 Day Notice to Perform
Covenant or Quit which would legally require Nilo Resleure to give
access to the locked bedrooms or his tenancy would be terminated,
the dog being placed in the laundry room during the inspection rather
than the back yard — preventing access to the laundry room to
observe whether the electrical panel box was altered, and Nilo
Resleure removing items from the premises in a van type vehicle after
April 7, 2009.
The above described incidents individually and collectively constitute a
nuisance.
The above incidents, individually and collectively, create a substantial
interference with the comfort, peace of mind, health, safety and
enjoyment of the landlord and its employees, and/or tenants in the
Treasure Island/Yerba Buena Island community.
The above incidents individually and collectively threaten the health,
safety and comfort of the community at large in the Treasure
tsland/Yerba Buena Island community.ATTORNEY VERIFICATION
State of California
City & County of San Francisco )
|, the undersigned, certify and declare that | have read the foregoing
Complaint for Untawful Detainer. | am the attorney for Plaintiff in this action.
Plaintiff is absent from the County where I have my office and are unable to
verify the documents that is described herein. For that reason, 1am making
this verification for and on behalf of Plaintiff.
{am informed and believe and on that ground allege that the matters stated
in this document are true.
| declare under penalty of perjury under the law of the state of California that
the foregoing is true and correct and that this declaration was executed on
April 14, 2009 at Corte Madera, California.
LAW OFFICES OF MERCEDES A. GAVIN
By: Mercedes A.’ Gavin,
Attorneys for Plaintiff‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, FOR COURT USE ONLY
Mercedes Gavin SBN 164575,
LAW OFFICES OF MERCEDES GAVIN
145 Town Center #593
Corte Madera, CA 94925
revepHoNE NO: (415) 497-1493 FAXNO.:
ATTORNEY FOR (Neme): Plaintiff The John Stewart Company F I I D
San Franaisco County or Court
SUPERIOR COURT OF CALIFORNIA, COuNTYOF San Francisco
streetaporess: 400 McAllister Room 103
cry ano zpcone: San Francisco, CA 94102
BRANCH Name: San Francisco QQADON PAAMLI, Clerk
CASE NAME: The John Stewart Company v. Nilo Resteure et. al. ie
— Deputy Clerk
CIVIL CASE COVER SHEET Complex Case Designation BUN =no =490240|
D) Untimited Be Limited 0 Counter 00 Joinder - 29 “629 9
(Amount (Amount
demanded demanded is Fited with first appearance by defendant
exceeds $25,000) $25,000 ortess)
. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionalty Complex Civil Litigation
LO Auto (22) (Breach of contractwarranty (06) (Cal. Rutes of Court, rules 1800-1812)
{11 Uninsured motorist (46) D2 Cottections (09) C AntitusuTrade regulation (03)
‘Other PUPD/WD (Personal Injury/Property (2 insurance coverage (18) CO Construction defect (10)
DamageMrongful Death) Tort CO otter contract (37) CD Mass tort (40)
C1 Asbestos (04) Real Property LB Securities iitigation (28)
[1 Product iabitty (24) DD Eminent domaintnverse Environmental /Toxic tort (30)
[1 Medical malpractice (45) condemnation (14) insurance coverage claims arising from the
0 other Pupp (23) 1 Wrongful eviction (33) sbove listed provisionally complex case
Non-PYPDIWD (Other) Tort CD otter real property (26)
. Enforcement of Judgment
Oo Business tort/unfair business practice (07) | Unlawful Detainer o E
inforcement of judgment (20}
Chil rights (08) Cy Commerciat (31) Miscellaneous Civil Complaint
Defamation (13) EX) Residential (32) C1 rico en
Fraud (16) 1 Drugs (38) 1 other comptaint (not specified above) (42)
Intellectual property (19) Judicial Review Miscellaneous Clvil Petition
Professional negligence (25) T) Asset forfeiture (05) 1 Partnership and corporate governance (21)
Other non-PUPDAWD tort (35) oO Petition re: arbitration award (11) o Other petition (not specified above) (43)
Employment (0 writ of mandate (02)
1 wrongful termination (36) LD other judicial review (39)
(1 other emptoyment (15)
2. Thiscase Lis J isnot complex under rute 1800 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. ( Large number of separately represented parties 4. [7] Large number of witnesses
b. (1 Extensive motion practice raising difficutt or novet_&. (] Coordination with retated actions pending in one or more courts
issues that will be time-consuming to resolve
c. [1 Substantial amount of documentary evidence f. (1 Substantial post-judgment judicial supervision
3. Type of remedies sought (check all that apply):
a. KJ monetary b. (J nonmonetary; deciaratory or injunctive relief c. () punitive
4, Number of causes of action (specify): 1
5. Thiscase ((] is 1 isnot actass action suit.
Date: 4/14/09
Mercedes Gavin
{TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
« Plaintiff must file this cover sheet with the first paper filed in the action or proceeding {except small claims cases or cases filed
under the Probate, Family, or Welfare and Institutions Code). (Cal. Rules of Court, rule 201.8.) Failure to fite may resutt in
sanctions
e File this cover sheet in addition to any cover sheet required by local court rule.
© If this case Is complex under rule 1800 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a complex case, this cover sheet will be used for statistical purposes only.
Foqdtoa Counc of Canora
(CM-010 (Rev. Juty 1. 2003)
| Res of Cou ples 2018, 1600-1812,
CIVIL CASE COVER SHEET *Sandund oo hese naorecvaton § 18
www USCounForns com
Preview
IOUT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO =e. Document Scanning Lead Sheet Apr-14-2009 12:22 pm Case Number: CUD-09-629368 Filing Date: Apr-14-2009 12:19 Juke Box: 001 Image: 02464871 COMPLAINT THE JOHN STEWART COMPANY VS. NILO RESLEURE et al 001002464871 Instructions: Please place this sheet on top of the document to be scanned.SUM-130 SUMMONS (CITACN_. JUDICIAL) UNLAWFUL DETAINER—EVICTION (RETENCION ILICITA DE UN INMUEBLE—DESALOJO) NOTICE TO DEFENDANT: {A VISO AL DEMANDADO): Nilo Resleure and Does 1-20 inclusive ‘FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL. DEMANDANTE): The John Stewart Company You have § CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the piaintiff. (To calculate the five days, count Saturday and Sunday, but do not count other court hotidays. tf the last day falls on a 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 lega! 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 Catifornia Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county taw tibrary, 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 lose the case by defautt, and your wages, money, and Property may be taken without further waming 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 legal services from a nonprofit legal services program, You can locate these nonprofit groups at the California Legat Services Web site (www.tawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.goviselthelp), or by contacting your local court or county bar association, Tlene 5 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales Para presentar una respuesta por escrito en esta corte y hacer que se entreque una copta al demandante. (Para catcular los cinco dias, cuente los sdbados y los domingos pero no los otros dias feriados de ia corte. Si el Gitimo dia cae en sibado 0 domingo, o en un dia en que la corte esté cerrada, tiene hasta ef Préximo. dia de corte Para presentar una respuesta por escrito), Una carta o una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto s! 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 Ia corte y més informacién en el Centro de Ayuda de las Cortes de California (www.courtinfo.ca.gov/seifhelp/espanol), en fa biblioteca de Jeyes de su condado 0 en Ia corte que le quede m4s cerca. SIno puede pagar la cuota de presentacién, pida al secretario de 1a corte que le dé un formulario de exencién de Pago de cuotas. Sino presenta su respuesta a tempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y blenes sin més advertencia. Hay otros requisitos legates. Es recomendabie que flame aun abogado Inmediatamente. Sino conoce a un abogado, puede Hamar a un) servicio de remisién a abogados. Sf no puede pagar a un abogado, es posible que cumpla con los requisites para obtener servicios Jegales gratultos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Aj \yuda de las Cortes de California, (www.courtinfo.ca.gov/selfhelp/espanol) o poniéndose en contacto con Ia corte o ef colegia de aboga: a e court is: (El nombre y direccién de fa corte es): San Francisco Superior Court Limited Jurisdiction 400 McAllister Room 103 San Francisco, CA 94102 2. The name, address, and tetephone number of plaintiff's attomey, or plaintiff without an attomey, is: (El nombre, ta direccién y el namero de teléfono del ebogado del demandante, o del demandante que no tiene abogado, es): Mercedes A. Gavin; LAW OFFICES OF MERCEDES GAVIN; 145 Town Center #593; Corte Madera, CA 94925; (415)497-1493 3. (Must be answered in all cases) An unlawfut detainer assistant (Bus. & Prof. Code, §§6400-6415) [X] didnot] dia for compensation give advice or assistance with this form. (If plaintiff has receized any help or advice for pay from an unlawful detainer assistant, complete item 6 on the next page.) Date: eer) APR 4 A 2009 GORDON PARK-LI (Secretario (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010). a. Basan individuat defendant b. [1] as the person sued under the fictitious name of (specify): c.(] asanoccupant 4.) on behait of specify): under: [7] CCP 416.10 (corporation) 1 cep 416.60 (minor) CQ cep 416.20 (defunct corporation) 1 ccp 416.70 (conservatee) C1 cP 416.40 (association or partnershie) [] cp 418.90 (authorized person) C1 cep 4ts.ae (occupant) C1 other (specity): by personal delivery on (date): Page tof 2 Ure jucraal Counel of Caltorva SUMMONS—UNLAWFUL DETAINER—EVICTION _ py Sew ie 20. S13 S08. UOT SUN-130 (Rev. Joruary 1, 2004)C C MERCEDES A. GAVIN SBN164575 145 Corte Madera Town Center #593 Corte Madera, CA 94925 Telephone: (415) 497-1493 FLEE E, Court Attorneys for Plaintiff _ APR 1 4 2009 The John Stewart Company GORDON PARK-LI, Clerk we Phot Oot ae Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO LIMITED CIVIL JURISDICTION Case No.; SUB 09 ~62 9368 COMPLAINT FOR UNLAWFUL DETAINER The John Stewart Company Plaintiff, vs. ) ) ) ) } ) Nilo Resteure and Does 1-20 inclusive. } ) Defendants. } ) ) ) Plaintiff complains of defendants and as and for a cause of action alleges: 1. At all times mentioned herein, Plaintiff The John Stewart Company is and was a California Corporation. 2. That at all times herein mentioned, plaintiff The John Stewart Company interest in the premises located at 1245 F Northpoint Drive, Treasure Island, San Francisco, California, 94130; San Francisco County, hereafter the “premises”, is and was as the lessee of the from the owner, and then this Plaintiff subsequently subleased to Defendant the premises. 1 COMPLAINT FOR UNLAWFUL DETAINERnN 10. C C The true names and capacities of the defendants sued herein as DOES 1-20 is at this time unknown to plaintiff, who therefore sues them under such fictitious names. When the true names and capacities of said defendants are ascertained by plaintiff, plaintiff will ask leave to amend this unlawful detainer complaint and insert such true names and capacities. That on March 1, 2009 defendant Nilo Resleure became a tenant of the premises pursuant to a written lease for a one year tenancy, with plaintiff The John Stewart Company leasing the premises to defendant. Attached hereto as Exhibit “1” and incorporated by reference is a true and correct copy of the residential lease agreement. Defendants not named in paragraph 3 and 4 are subtenants, assignees or others claiming a right to possession. The initial contract monthly rental rate was $1,748.00, payable in advance on the first day of each month. On April 10, 2009, plaintiff The John Stewart Company caused Defendant to be served a 3 Day Notice to Quit, attached hereto as Exhibit “2” and incorporated by reference is a true and correct copy of that notice. The 3 Day Notice to Quit was served on April 10, 2009 by posting a copy of the notice to defendant at the premises and by mailing a copy to defendant at the premises on April 1, 2009, On April 13, 2009 the period stated in the 3-Day Notice to Quit expired at the end of the day. Defendant failed to comply with the requirements of the above 3-Day Notice to Quit by the end of the day on April 6, 2009. All facts stated in the 3-Day Notice to Quit are true. The 3-Day Notice to Quit included an election of forfeiture. 2 COMPLAINT FOR UNLAWFUL DETAINER:= N wo > a oD “ ao o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14, C C Defendant continues in possession of the premises without plaintiff's permission and plaintiff is entitled to recover possession of the premises. The fair rental value of the premises is $58.26 per day. Defendant's tenancy is not subject to Residential Rent Stabilization Ordinance Chapter 37 of the S.F. Admin. Code (6/13/79) because it is not a renta! unit as defined by the rent ordinance. The written rental agreement between the parties provides for attorney fees. An unlawful detainer assistant did not for compensation give advice or assistance with this complaint. There is no other action pending between the same parties for the same cause of action. WHEREFORE, plaintiff prays judgment against defendants as follows: 1. For restitution and possession of the premises and forfeiture of the lease under the 3 Day Notice to Quit; 2. For damages at the rate of $58.26 per day from the date the complaint is filed until the date of entry of judgment; 3. Reasonable attorney fees; 4. For Costs of suit herein incurred; and 5. For such other and further relief as the Court deems proper. DATED: April 14, 2009 LAW OFFICES OF MERCEDES A. GAVIN By: Wiereade tGe MERCEDES A. GAVIN, Attorney for Plaintiff COMPLAINT FOR UNLAWFUL DETAINEREXHIBIT 184/87/2083 11:07 4158340218 T IT VILLAGES: reo ours TREASURE ISLAND YERBA BUENA ISLAND RESIDENTIAL LEASE I. PARTIES: THIS AGREEMENT is made on the 26 February 2008 between Nilo Resleure (hereinafter called “Lessee") and The John Stewart Company (herelnafter called (Lessor). ITIS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: I. DESCRIPTION: The Lessor hereby leases to the Lessee and tha Lessee hires from Lessor, on the terms and conditions hereinafter set forth, all the property situated in the County of San Francisco, State of California, described as follows, to wit: Apartment No, 1245-F at Northpoint Drive, San Francisco, California 94130 (the “Premises”). It. TERM: The term of the lease shall be for one year beginning 1 March 2008 payable @ $4,748.00 per month. At expiration of lease term, this lease will not automatically Tenew. Lessee hereby acknowledges that the Lessor is a sublessee of the Treasure Island Development Authority and that the Treasure Island Development Authority acquired a leasehold interest to the Premises from the United States Navy under a master lease which pre-dates this lease agreement. Lessee further acknowledges that the - Mithough Lessor has entered Into a seven (7) year “1d Development Authority commencing on or about T ‘e's tight to occupy the Premises will be subject to Ra. ro the expiration of the Initlal Term of this Lease, upon on he Lessee from Lessor for any reason, including the ¢ { ‘t plans by the Authority for the Base. For these newr ‘ 3ar term of this Lease. BPH BaP sean te ele Initial Initial Initial ——~—ssidantiaLusa_of the. nremises_is an interim use and the tenancy created under this ease e ane ‘wing circumstances: (i) the Authority's master lease i hat it may not be entitled to continue to occupy the04/87/2809 11:97 4158340218 12 Vittaoes Fem was Vil. All of sald rent shall be paid at the office of the agent of the Lessor, or at such other place as may be designated by the Lessor. All rent is to be paid on the first day of the month for the prospective rental period. RENTS, LATE CHARGES, RETURNED CHECKS: All rents are due and payable on or before the first day of each month. All rents shall be pald by check or mioney order, No cash to be accepted. All rents not paid by the seventh day of the month incur a late charge of $100.00, Retumed checks will incur a charge of $50.00, in addition to the late charge. If the 7 of the month falls on a weekend or holiday, the grace perlod will extend to include the next regular working day. lf & rental check is retuned by the bank payment of rent by money order or cashler’s check Is required from residents for a one year period. | ASSIGNMENT: ‘ The Lessee shall pay the Lessor sald rent in the manner hereinafter specified, and shall not sublet the whole or any part of said premises, nor sell or assign this lease, either voluntarily or by opération of law, nor allow sald property to be occupied by anyone contrary to the termis hereof, without the written consent of the Lessor, DEFAULT: ! Should sald rant not be paid when due or should the Lessee default in any of the covenants of conditions céntalned herein, or if the conduct of Lessee or occupants shall be objectionable In the reasonable opinion of the Lessor, the Lessor or his representative may elect to terminate this lease. USE: The Lessee shall occupy said demised premises and shall keep the same in good condition Including such improvements as be made thereon hereafter, the usual wear and tear excepted, and shall not make any alterations thereon without the written consent of the Lessor and shall not commit or suffer to be committed any waste upon such premises. Lessee agrees to pay for any damage, including appllances and fatures, caused by any act of negligence of himself or any member of his family or guest. The premises are leased to the Lessee for the purpose of a residential dwelling. Lessee shall not use, or permit said premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the said premises are hereby leased. Maximum occupancy of said premises is limited to those named on the lease. All governmental laws and ordinances shall be complied with Lessee. : 2s Initial ye Initial Initial, Initial, Initial. Initial,ream uray 84/87/2889 11:97 wee 12 ViLuAGS Vill. TENANT/LANDLORD: The Lessee hereby agrees to be bound, as is the landlord by the amended sections to the Civil Code Sections 1942, The amendments being: Civil Code Sections 1941.1, 1941.2, 1942.1 and 1942.5, which state, among other things, the conditions for making tepalrs and deducting same from rents owed. IX. NUISANCE; The Lessee agrees not fo engage In any activities which disrupt the Itvabllity of the project, adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premisas and related project facilities, or interfere with the management of the project. Vestibules, hallways, stainways, and other public passages shall not be obstructed by the Lessee or their quests. Persons will not be permitted to run or play on balconies or stairways. Lessee agrees to place garbage and refuse inside the containers provided therefore. X. MAINTENANCE: A. The fandiord agrees to: 1. Regularly clean all common areas of the project; Maintain the common areas and facilities In a safe condition; Arrange for collection and removal of trash and garbage; Maintain all equipment and appliances in a safe and working order; Make necessary repairs with reasonable promptness; Maintain exterior lighting in good working order: Provide extermination services as necessary: Maintain the grounds. eS NOD a es PN B. The Lessee agrees to: 1. Keep the unit clean, safe and sanitary; 2. Use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended: 3. Not litter the grounds or common areas of the project; 3- iniéeal_NR tata Initial Initial Initial Inital04/87/2089 11:87 4158340218 V1 Vittaces re vrais Xil, xitt, xv. 4, Not destroy, deface, damage or remove any part of the unit, common areas or project grounds; 5. Glve the landtord prompt notice of any defects In the plumbing, fixtures, appliances, heating and cooling equipment, the smoke detector, or any other part of the unit or related facllities, 6, Remove garbage and other waste from the unit in a clean and safe manner as Instructed by management. Trash pick up procadures vary depending upon location and may be amended from time to time; and 7. Not engage in or permit unlawful activities In the unit, in the common areas or on the project grounds. NOTICES: The Lessee will at all times cooperate with any reasonable House Rules which Lessor has, or may from time to time, furnish Lessee or post conspicuously on Lessor’s premises. The Lessee by affixing his signature below acknowledges the receipt of a copy of the House Rules. HOLD HARMLESS: Lessee hereby waives all claims against Lessor for damages to property or injuries to persons, including Lessee, in or about said premises; and Lessee will hold Lessor harmless from any damage or Injury to persons or property arising from the use of premises by Lessee. LEGAL FEES: Should the Lessor be compelled to commence or sustain an action at law to collect said rent, or parts thereof, or for an unlawful detainer, or because of any other breach of this lease, the Lessee shall pay to the Lessor a reasonable attomey’s fee for which shall be fixed by the Court WAIVERS: The waiver by the Lessor of any covenant or condition herein contained shall not vitiate the same or any other covenant or condition contained herein and the successors, and assigns of the respective parties hereto. SURRENDER CONDITION: At the expiration of said term, or the sooner determination thereof, the Lessee shall peacefully quit and surrender possession of sald premises In as good condition as reasonable use and wear thereof permit. “4e Initial 1 Initial, Initial Initial Initial Initial,04/87/2009 11:07 4158340218 T I VILLAGES rece, ood XVI. Xvill. XIX. DEPOSIT FEES: Lessee agrees to deposit with the Lessor, on or before occupancy, the sum of $1,085.00 as security deposit. This sum shall be held by the Lessor as security for the faithful performances by the Lessee of the terms, covenants and conditions of this lease by Lessee to be kept performed during the term hereof. In the event of the fallure of Lessee to keep and perform all of the terms covenants, and conditions of this lease, then, at the option of the Lessor, sald Lessor may appropriate and apply sald deposit, or so much thereof by Lessor due to such breach on the part of Lessee. Should Lessee comply with all of sald terms, covenants, and conditions and promptly pay all of the rental herein provided for as It falls due, and all other sums payable by Lessee occupancy in accordance with Califomia State law. A unit is considered vacated after all personal belongings have been removed and unit keys retumed. DEPOSIT MAY NOT BE USED AS LAST MONTH'S RENT. . LEGAL NOTICE: All notices to be given to Lessee must be given in writing personally or by depositing same In the United States mail, postage prepald, and addressed to Lessee at the said premises, whether or not Lessee has departed from, vacated, or abandoned sald premises, INSPECTION: The Lessor, Its agent and/or employees may enter said premises at reasonable times to Inspect, clean, repair, or show the premises to prospective tenants, purchasers or fending institutions. The Lessee agrees to allow access and occupancy to workmen for redecorating, repalring or remodeling of the premises for such time as is necessary. Additional door locks may not be installed or altered without written permission from Lessor, Lessor will provide 24 hors notice of intent to enter unit except in emergency, when Lessor may enter Immediately. Lessor is to leave notice to Lessee that Lessor entered the unit. Landiord’s agent shall make an annual inspection of all facilities and units. Agent shall designate a day when such inspection shall be made and so notify the resident at least five days prior thereto. NOTICE TO VACATE: A thirty (30) day written notice of the Lessee’s intention to vacate the premises must be given to the Lessor. Any deposits that the Lessee may have on deposit with the Lessor are nat to be considered the Last Month's rent. Refunds of security deposits will be made by Lessor after the premises are vacated. Lessor may terminate this lease if any local, state or federal agency orders the vacancy of tha premises for health or safety reasons, -5- Initial Initial, Initial Initial, Initial Initial84/87/2003 11:87 aseneee T I VILLAGES ree uarae XX. UTILITIES Lessor will provide for utilities water, sewer, electricity, gas and garbage removal, XXI, HAZARDOUS MATERIALS: Lessor will not allow the storage of any hazardous materials on or around the premises and will not cause materials to be released anywhere on the property XXII, ACKNOWLEDGEMENT OF INAPPLICABILITY OF the San Francisco Residential Rent Stabilization and Arbitration Ordinance (No. 276-79)(the “Ordinance”): Lessee hereby acknowledged and agrees that because the rents for housing units on Treasure Island and Yerba Buena Island are set by a governmental authority the Treasure Island Development Authority, housing units on Treasure Island and Yerba Buena Island are exempt from the provisions of the San Francisco Rent Stabilization and Arbitration Ordinance. Notwithstanding the foregoing, (I) upon the renewal or extension of this Lease (but not after any vacancy or termination), the Rent noted in Section III above will not be Increased by an amount or at a rate greater than as would be permitted under the Ordinance, and (ii) Lessor shall not seek to evict or otherwise tecover possession of the Premises form the Lessee unless such action Is based on one of the reasons set forth below: (1) The tenant has failed to pay the rent ta which the landlord Is awfully entitled under the oral or written agreement between the tenant and landlord or habitually pays the rent late or gives checks which are frequently returned because there are insufficient funds in the checking account; or (2) The tenant has violated the fawful obligation or covenant of tenancy and failed to cure such violation after having received written notice thereof from the landlord; or {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 tenant In the bullding, and the nature of such nuisance, damage or interference Is specifically stated by the landlord in writing; (4) The tenant is using or permitting a rental unit to be used for any illegal purpose; or (5) The tenant has after written notice fo cease, refused the landlord access to the rental unit s required by state or local law; or (6) A subtenant or other person not approved by landiord Is occupying the rental unit; oO , {7) The term of the lease has expired; or b= Initial, At Initial Initial Initial nite) Initial,04/87/2809 11:87 “aspeacee T 2 VILLAGES com 1urae C (8) The reasons set forth In Section III of this lease. This provision Is not Intended to impose, nor shall it be construed as requiring, Compliance with any of the procedural or administrative requirements of the Ordinance, including, but not limited to the requirements of Sections 37.1{a)(3), (5), (11), (12) and (14) of the Ordinance. Tenant further acknowledges and agrees that nothing herein shall Impose the Jurisdiction of the Ordinance on this Lease, nor is it Intended to Imply that any rules, policies or precedents of the Ordinance apply to this Lease. XXII, AUTHORIZED OCCUPANTS Nilo Resleure Name Name — Name Name IN WITNESS WHEREOF, the Lessor and the Lessee have executed this lease as of the date and year first above written, . TREASURE ISLAND / YERBA BUENA ISLAND: By:, LESSEE (a! By. (Date) By. (Date) By, (Date) By, (Date) by. (Date) fae 77 Initial, Initial Initial Initial, Initial, InitialEXHIBIT 2THREE DAY NOTICE TO QUIT [California Code of Civil Procedure Section 1161(4)] To: Nilo Resleure, and DOES 1 to 20 and all other persons claiming a right to possession. PREMISES TO WHICH THIS NOTICE RELATES: 1245 F Northpoint Drive, Treasure Island, City and County of San Francisco, California, 94130 including any and all garage, storage and common areas, hereafter “the Premises”. NOTICE !S HEREBY GIVEN that your tenancy of the aforesaid premises is terminated as of three (3) days after service on you of this notice (excluding the date of service). You are required to deliver possession of said premises to the landlord, on or before the expiration of said three (3) day period or a lawsuit will be brought against you for possession of the said premises, damages, and costs of suit, which may include attorney's fees. Possession of the aforesaid premises is sought pursuant to: California Code of Civil Procedure Section 1161(4). This notice is intended as a three (3} day notice terminating your tenancy pursuant to California Code of Civil Procedure Section 1161(4}. See Attachment “A” for a specific statement of the nature of such nuisance and/or unlawful subletting of the premises, and/or illegal activity. Rent will be due on a pro rata basis through the last day of the notice period, if that day does not coincide with the end of a rental period. You are hereby notified that advice regarding this notice is available from the Residential Rent Stabilization and Arbitration Board of the City and County of San Francisco. The Lease agreement between the parties specifically provides that the parties acknowledge that the housing units on Treasure Island/Yerba Buena Island are exempt from the provisions of the San Francisco Rent Stabilization and Arbitration Ordinance. By: Mercedes A. Gavin, Esq (415) 497-1493 LAW OFFICES OF MERCEDES A. GAVIN Attorney for The John Stewart Company 145 Town Center #593 Corte Madera, Ca 94925 {415) 497-1493Page 2 of 4 C Cc 3 Day Notice to Quit ATTACHMENT “A” 1. On or about March 31, 2009, The Villages at Treasure Island attempted to perform the Annual Inspection. Upon arriving at the premises the employees of The Villages at Treasure Island were informed by Nilo Resleure that that he had forgotten about the appointment, that some room doors upstairs were locked, that he had to go to work, and that he wanted to reschedule the inspection for the next day. 2. On or about April 1, 2009 The Villages at Treasure Island telephoned Nilo Resteure to remind him about the appointment for the Annual Inspection. Nilo Resleure insisted that he be present for the inspection. 3. On or about April 1, 2009, when the employee of The Villages at Treasure Istand arrived at the premises, he introduced himself and advised Nilo Resleure that he was at the premises to perform the Annual Inspection to see if the conditions of the premises were in compliance with the lease. The employee requested that the dog be placed in the back yard. Nilo Resleure placed the dog in the laundry room. Upon entering the premises the employee of The Villages at Treasure Island inquired as to whether all the doors were unlocked. Nilo Resleure advised the employee that all the rooms were unlocked except for the storage room. The employee inquired what storage room was that. Nilo Resleure advised the employee it was the storage room upstairs. The employee went upstairs to perform the Annual Inspection. The employee found that the first bedroom door was locked and the second bedroom door had a knob that was encased with a lock. Both bedrooms were locked and inaccessible. Nilo Resleure advised the employee that the two bedrooms were the “storage rooms” that he had earlier referred to that were locked. The employee of The John Stewart Company requested Nilo Resleure to unlock the two bedroom doors. Nilo Resleure responded that he did not have the keys for those rooms. Nilo Resleure advised the employee that he rents the two bedrooms out for storage and the person that he rents the two bedrooms to for storage is gone for about three months out of the country.Page 3 of 4 C Cc 3 Day Notice to Quit Before leaving the premises, the employee and Nilo Resleure returned to the living room. On the table there was a zip lock plastic bag with about 20 curled up green leaf balls believed to be marijuana. Nilo Resleure immediately grabbed the plastic bag away and apologized to the employee saying “sorry about that”. Nilo Resleure moved the plastic bag with the green leaf balls believed to be marijuana and moved it to another location in the living room. The employee of The John Stewart Company then handed Nilo Resleure a 3 Day Notice to Perform Covenant or Quit that would required him to permit the Annual Inspection of the entire unit without any access being denied because of locked doors. In response to being served with the 3 Day Notice to Perform Covenant or Quit, Nilo Resleure attempted to give the employee money. Nilo Resleure said to the employee “Here’s 50 bucks man”. The employee refused the 50 dollars. 4. Not permitting the Annual! Inspection to go forward and having two of the bedrooms locked presents a health and safety risk. It is unknown all the material that are being stored in the bedroom. It is unknown whether the electricity to that room has been altered in anyway, whether there are hazardous materials being stored in the room that present a health and safety risk. If there is a fire in the room, the fact that the doors are locked would prevent easy access. 5. On or about April 7, 2009, the day after the 3 Day Notice to Perform Covenant or Quit expired, The Villages at Treasure Island attempted again to perform the Annual Inspection at the premises. Upon arriving at the premises, Nilo Resleure advised the employee that he would not be given access to the two upstairs bedrooms because they were locked. 6. Nilo Resleure is unlawfully subletting one or more of the bedrooms at the premises to someone who is using the bedrooms for storage. Unauthorized subletting it not permitted. In addition, using the premises for a business purpose to rent to someone else for storage is an illegal use of the premises. 7. Qn or about April 8, 2009 Nilo Resteure was observed moving items from the premises. 8. Based upon The Villages of Treasure Island experience related to units on Treasure Island being used for the illegal purpose of growing marijuana, and the following factors it is believed that the premises is being used for an illegal activity related to drug activity: the upstairsPage 4 of 4 C C 3 Day Notice to Quit 9, 10. 11. bedrooms are locked and access to the rooms is refused, the marijuana in the zip lock back in the living room, Nilo Resleure offering the employee $50.00 after being served a 3 Day Notice to Perform Covenant or Quit which would legally require Nilo Resleure to give access to the locked bedrooms or his tenancy would be terminated, the dog being placed in the laundry room during the inspection rather than the back yard — preventing access to the laundry room to observe whether the electrical panel box was altered, and Nilo Resleure removing items from the premises in a van type vehicle after April 7, 2009. The above described incidents individually and collectively constitute a nuisance. The above incidents, individually and collectively, create a substantial interference with the comfort, peace of mind, health, safety and enjoyment of the landlord and its employees, and/or tenants in the Treasure Island/Yerba Buena Island community. The above incidents individually and collectively threaten the health, safety and comfort of the community at large in the Treasure tsland/Yerba Buena Island community.ATTORNEY VERIFICATION State of California City & County of San Francisco ) |, the undersigned, certify and declare that | have read the foregoing Complaint for Untawful Detainer. | am the attorney for Plaintiff in this action. Plaintiff is absent from the County where I have my office and are unable to verify the documents that is described herein. For that reason, 1am making this verification for and on behalf of Plaintiff. {am informed and believe and on that ground allege that the matters stated in this document are true. | declare under penalty of perjury under the law of the state of California that the foregoing is true and correct and that this declaration was executed on April 14, 2009 at Corte Madera, California. LAW OFFICES OF MERCEDES A. GAVIN By: Mercedes A.’ Gavin, Attorneys for Plaintiff‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, FOR COURT USE ONLY Mercedes Gavin SBN 164575, LAW OFFICES OF MERCEDES GAVIN 145 Town Center #593 Corte Madera, CA 94925 revepHoNE NO: (415) 497-1493 FAXNO.: ATTORNEY FOR (Neme): Plaintiff The John Stewart Company F I I D San Franaisco County or Court SUPERIOR COURT OF CALIFORNIA, COuNTYOF San Francisco streetaporess: 400 McAllister Room 103 cry ano zpcone: San Francisco, CA 94102 BRANCH Name: San Francisco QQADON PAAMLI, Clerk CASE NAME: The John Stewart Company v. Nilo Resteure et. al. ie — Deputy Clerk CIVIL CASE COVER SHEET Complex Case Designation BUN =no =490240| D) Untimited Be Limited 0 Counter 00 Joinder - 29 “629 9 (Amount (Amount demanded demanded is Fited with first appearance by defendant exceeds $25,000) $25,000 ortess) . Check one box below for the case type that best describes this case: Auto Tort Contract Provisionalty Complex Civil Litigation LO Auto (22) (Breach of contractwarranty (06) (Cal. Rutes of Court, rules 1800-1812) {11 Uninsured motorist (46) D2 Cottections (09) C AntitusuTrade regulation (03) ‘Other PUPD/WD (Personal Injury/Property (2 insurance coverage (18) CO Construction defect (10) DamageMrongful Death) Tort CO otter contract (37) CD Mass tort (40) C1 Asbestos (04) Real Property LB Securities iitigation (28) [1 Product iabitty (24) DD Eminent domaintnverse Environmental /Toxic tort (30) [1 Medical malpractice (45) condemnation (14) insurance coverage claims arising from the 0 other Pupp (23) 1 Wrongful eviction (33) sbove listed provisionally complex case Non-PYPDIWD (Other) Tort CD otter real property (26) . Enforcement of Judgment Oo Business tort/unfair business practice (07) | Unlawful Detainer o E inforcement of judgment (20} Chil rights (08) Cy Commerciat (31) Miscellaneous Civil Complaint Defamation (13) EX) Residential (32) C1 rico en Fraud (16) 1 Drugs (38) 1 other comptaint (not specified above) (42) Intellectual property (19) Judicial Review Miscellaneous Clvil Petition Professional negligence (25) T) Asset forfeiture (05) 1 Partnership and corporate governance (21) Other non-PUPDAWD tort (35) oO Petition re: arbitration award (11) o Other petition (not specified above) (43) Employment (0 writ of mandate (02) 1 wrongful termination (36) LD other judicial review (39) (1 other emptoyment (15) 2. Thiscase Lis J isnot complex under rute 1800 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. ( Large number of separately represented parties 4. [7] Large number of witnesses b. (1 Extensive motion practice raising difficutt or novet_&. (] Coordination with retated actions pending in one or more courts issues that will be time-consuming to resolve c. [1 Substantial amount of documentary evidence f. (1 Substantial post-judgment judicial supervision 3. Type of remedies sought (check all that apply): a. KJ monetary b. (J nonmonetary; deciaratory or injunctive relief c. () punitive 4, Number of causes of action (specify): 1 5. Thiscase ((] is 1 isnot actass action suit. Date: 4/14/09 Mercedes Gavin {TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE « Plaintiff must file this cover sheet with the first paper filed in the action or proceeding {except small claims cases or cases filed under the Probate, Family, or Welfare and Institutions Code). (Cal. Rules of Court, rule 201.8.) Failure to fite may resutt in sanctions e File this cover sheet in addition to any cover sheet required by local court rule. © If this case Is complex under rule 1800 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. Unless this is a complex case, this cover sheet will be used for statistical purposes only. Foqdtoa Counc of Canora (CM-010 (Rev. Juty 1. 2003) | Res of Cou ples 2018, 1600-1812, CIVIL CASE COVER SHEET *Sandund oo hese naorecvaton § 18 www USCounForns com