Preview
UD-101
JATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NUMBER: 194454. FOR COURT
USE ONLY
awe: Anthony J. Calero, Esq.
Finw wave: Law Offices of Travis H. Whitfield
street appress:2055 Junction Ave., Suite 138
city: San Jose state: CA zip cove: 95131
TELEPHONE NO.: 408-879-9039 FAXNO:
emai apres: acalero3000@gmail.com
ATTORNEY FOR (oamey: Plaintiff
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street ADoRESS: 191 North First Street
MAILING ADORESS: 191 North First Street
CITY AND zIP coe: San Jose 95113.
BRANCH Name: Downtown Superior Court (DTS)
PLAINTIFF: Twin Palms SC, LLC fdba Twin Palms Apartments LLC
DEFENDANT: Swiss Precision Manufacturing, Inc.
= aa
‘CASE NUMBER:
PLAINTIFF'S MANDATORY COVER SHEET AND
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
All plaintiffs in unlawful detainer proceedings must file and serve this form. Filing this form complies with the requirement in Code of
Civil Procedure section 1179.01.5(c).
+ Serve this form and any attachments to it with the summons.
+ if a summons has already been served without this form. then serve it by mail or any other means of service authorized by law.
+ If defendant has answered prior to service of this form, there is no requirement for defendant to respond to the supplemental
allegations before trial.
To obtain a judgment in an unlawful detainer action for nonpayment of rent on a residential property. a plaintiff must verify that no
rental assistance or other financial compensation has been received for the ammount demanded in the notice or accruing afterward, and
that no application is pending for such assistance. To obtain a default judgment, plaintiff must use Verification by Landlord Regarding
Rental Assistance—Unlawful Detainer (form UD-120) to make this weeiheetion and provide other information required by statute,
1 PLAINTIFF (name each):
Twin Palms SC, LLC fdba Twin Palms Apartments LLC
alleges causes of action in the complaint filed in this action against DEFENDANT (name each):
Swiss Precision Manufacturing, Inc.
Statutory cover sheet allegations (Code Civ. Proc., § 1179.01.5(c))
a. This action seeks possession of real property that is (check all that apply): ] Residential [¥] Commerciat
(if "residential" is checked, complete items 3 and 4 and all remaining items that apply to this action. If only “commercial” is
checked, no further items need to be completed except the signature and verification on page 5; a summons may be issued, )
b. This action is based, in whole or in part, on an alleged default in payment of rent or other charges. Yes No
Item 3 has been removed as it only applied before July 1, 2022.
THIS SPACE INTENTIONALLY LEFT BLANK
Page 1 of 5
Form Adoplad for Mandatory Use PLAINTIFF'S MANDATORY COVER SHEET AND Code of Civil Procedure, § 1179.01 et seq
Judicial Counci of Califorvia wwew.courts.ca.gov
UD-101 [Rev. July 16, 2022) SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
UD-104
PLAINTIFF; CASE NUMBER:
DEFENDANT: Swiss Precision Manufacturing, Inc.
THIS SPACE INTENTIONALLY LEFT BLANK
4. Tenants subject to COVID-19 Tenant Re Act (Code Civ. Proc., § 1179.02(h))
a. (1) One or more defendants in this action is a natural person: [__] Yes [] No
(2) Identify any defendant not a natural person:
{if no is checked, then no further items need to be completed except the signature and verification, and item 12 if the action is
based on nonpayment of rent.)
(1) All defendants named in this action maintain occupancy as described in Civil Code section 1940(b): [J Yes ~~] No
(2) Identify any defendant who does not:
(if yes is checked, then no further items need to be completed except the signature and verification, and item 12 if the action is
based on nonpayment of rent.)
55. [__] Unlawful detainer notice expired before March 1, 2020
The untawful detainer complaint in this action is based solely on a notice to quit, to pay or quit, or to perform covenants or
quit, in which the time period specified in the notice expired before March 1, 2020. (if this is the only basis for the action, no
further items need to be completed except the signature and verification on page 5. (Code Civ, Proc., § 1179.03.5(a){1).))
6. [__] Rent or other financial obligations due between March 1, 2020, and August 31, 2020 (protected time period)
The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial
obligations due in the protected time period. (Check ail that apply.)
a. [[_] Defendant (name each):
was provided all the required versions of the "Notice from the State of California" required by Code of Civil Procedure section
1179.04. (Provide information regarding service of the notice or notices in item 8 below.)
[] Defendant (name each):
was served with at least 15 days’ notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned
declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure section
1179.03(b) and (d).
(if the notice identified defendant as a high-income tenant and requested submission of documentation supporting any
declaration the defendant submits, complete item 9 below. (Code Civ. Proc.. § 1179.02.5(c).))
(if filing form UD-100 with this form and item 6b is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach
a copy of the notice to that complaint form, and provide all requested information about service on that form.)
UD-101 fRev. July 16, 2022), PLAINTIFF'S MANDATORY COVER SHEET AND Page
2 of 5
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
UD-101
PLAINTIFF: CASE NUMBER:
DEFENDANT: Swiss Precision Manufacturing, Inc.
6. c. Response to notice (check all that apply):
(1) ((_} Defendant (name each):
delivered a declaration of COVID-19-related financial distress on landlord in the time required. (Code Civ. Proc.,
§ 1179,.03(f).)
(2) [_] Defendant (name each):
did not deliver a declaration of COVID-19-related financial distress on landlord in the time required. (Code Civ. Proc.,
§ 1179.03(f).)
7. [__] Rent or other financial obligations due between September 1, 2020, and September 30, 2021 (the transition time
period) The uniawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other
financial obligations due during the transition time period.
a. [__] Defendant (name each):
was provided all the required versions of the "Notice from the State of California" as required by Code of Civil Procedure section
1179.04, (Provide information regarding service of the notice or notices in item 8 below.)
[) Defendant (name each):
was served with at least 15 days’ notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned
declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure
section 1179.03(c) and (d).
(if the notice identified defendant as a high-income tenant and requested submission of documentation supporting any
declaration the defendant submits, complete item 9 below. (Code Civ. Proc.. § 1179.02.5(c).))
(if filing form UD-100 with this form and item 7b is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach
a copy of the notice to that complaint form. and provide all requested information about service on that form.)
Response to notice (check all that apply):
(1) Defendant (name each):
delivered a declaration of COVID-19-related financial distress on the landlord in the time required. (Code Civ, Proc.,
§ 1179.03(f).)
(2) [__] Defendant (name each):
did not deliver a declaration of COVID-19-related financial distress on the landlord in the time required. (Code Civ. Proc.,
§ 1179.03(f).))
[-~] Rent or other financial obligations due:
(1) Rent or other financial obligations in the amount of S was due between September 1, 2020, and
September 30, 2021.
(2) Payment of $ for that period was received by September 30, 2021.
8. Service of Code of Civil Procedure Section 1179.04 Notice from the State of California (You must complete this item if you
checked item 6 or 7 above. Section 1179.04 provides three separate versions of a “Notice from the State of California” that the
landlord was to provide to tenants at different times during the pandemic (the notices referenced in items 6a and 7a above). This
item addresses when and how those notices were provided.)
a. September 2020 Notice. Plaintiff provided the required notice for tenants who, as of September 1, 2020, had any unpaid rent
or other financial obligations due any time between March 1, 2020, and August 31, 2020 (Code Civ. Proc., § 1179.04(a)). to
defendants identified in 6a or as follows:
(1) [-] By sending a copy by mail addressed to each named defendant on (date):
(2) [_] By personally handing a copy to each named defendant on (date):
UD-101 [Rev. July 16, 2022) PLAINTIFF'S MANDATORY COVER SHEET AND Page 305
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
UD-101
PLAINTIFF: CASE NUMBER:
DEFENDANT: Swiss Precision Manufacturing, Inc.
8. a. (3) [-_] By some other method of service described in Code of Civil Procedure section 1162. (if this box is checked, describe
the method and date of service on an attached page (you can use form MC-028) and title it Attachment 8a.)
(4) [7] In different ways for different defendants. (/f this box is checked, describe the method and date of service for each
defendant on an attached page (you can use form MC-025) and title it Attachment 8a.)
(5) [-_] Plaintiff was not required to serve the September 2020 notice on the named defendants.
February 2021 Notice. Plaintiff provided the required notice for tenants who as of February 1, 2021, had unpaid rent or other
financial obligations due any time after March 1, 2020, (Code Civ. Proc., § 1179.04(b)) to defendants identified in 6a and 7a as
follows:
aM Co By sending a copy by mail addressed to each named defendant on (date):
@ CC] By personally handing a copy to each named defendant on (date):
3) CO) By some other method of service described in Code of Civil Procedure section 1162. (/f this box is checked, describe
the method and date of service on an attached page (you can use form MC-025) and title it Attachment 8b.)
4 CU In different ways for different defendants. (/f this box is checked. describe the method and date of service for each
defendant on an attached page (you can use form MC-025) and title it Attachment 8b.}
6) CJ Plaintiff was not required to serve the February 2021 notice on the named defendants.
July 2021 Notice. Plaintiff provided the required notice for tenants who as of July 1, 2021, had unpaid rent or other financial
obligations due any time after March 1, 2020, (Code Civ. Proc., § 1179.04(c)) to defendants identified in 6a and 7a as follows:
(1) [J By sending a copy by mail addressed to each named defendant on (date):
Q) £
By personally handing a copy to each named defendant on (date): 7
8) C5 By some other method of service described in Code of Civil Procedure section 1162. (/f this box is checked, describe
the method and date of service on an altached page (you can use form MC-025) and title it Attachment 8c.)
4) C4 In different ways for different defendants. (/f this box is checked, describe the method and date of service for each
defendant on an attached page (you can use form MC-025) and title it Attachment 8c.)
5) [] Plaintiff was not required to serve the July 2021 notice on the named defendants.
9. [_] High-income tenant. The 15-day notice in item 6b or 7b above identified defendant as a high-income tenant and requested
submission of documentation supporting the tenant's claim that tenant had suffered COVID-19-elated financial distress.
Plaintiff had proof before serving that notice that the tenant has an annual income that is at least 130 percent of the median
income for the county the rental property is located in and not less than $100,000. (Code Civ. Proc., § 1179.02.5.)
a. [__] The tenant did not deliver a declaration of COVID-19-related financial distress within the required time. (Code Civ. Proc.,
§ 1179.03(f).)
b. The tenant did not deliver documentation within the required time supporting that the tenant had suffered COVID-19-
related financial distress as asserted in the declaration. (Code Civ. Proc., § 1179.02.5(c).)
10. [_] Rent or other financial obligations due between October 1, 2021, and March 31, 2022 (recovery period rental debt).
The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial
obligations due during the recovery period. (Check a. b. orc.)
a. [_] Defendant (name each):
was served with at least 3 days’ notice to pay rent or other financial obligations or quit, in a notice that included the information
about the government rental assistance program and possible protections, as required by Code of Civil Procedure section
4179.10.
(if filing form UD-100 with this form and this item is checked, specify this notice in item 9a(7) on form UD-100, attach a copy of
the notice to that complaint form, and provide all requested information about service on that form.)
b. [] The tenancy was not initially established before October 1, 2021, and the special notice to quit required by Code of Civil
Procedure section 1179.10 does not apply in this action.
c. [__] The 3 days' notice to pay rent or other financial obligations or quit was served on or after July 1, 2022, and the special
notice to quit required by Code of Civil Procedure section 1179.10 does not apply in this action.
UD-101 [Rev July 16, 2022] PLAINTIFF'S MANDATORY COVER SHEET AND Page
4 of 5.
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
= UD-104
PLAINTIFF: CASE NUMBER:
DEFENDANT: Swiss Precision Manufacturing, Inc.
_ =
11, [=] Rent or other financial obligations due after March 31, 2022. (Only applicable if action is filed on or after April 1, 2022.)
The only demand for rent or other financial obligations on which the unlawful detainer complaint in this action is based is a
demand for payment of rent due after March 31, 2022.
12. [[_] Statements regarding rental assistance (Required in all actions based on nonpayment of rent or any other financial
obligation. Plaintiff must answer all the questions in this item and, if later seeking a default ‘judgment, will also need to file
Verification Regarding Rental Assistance— Unlawful Detainer (form UD-120).)
a. Has plaintiff received rental assistance or other financial compensation from any other source corresponding to the amount
demanded in the notice underlying the comptaint? [__] Yes No
b. Has plaintiff received rental assistance or other financial compensation from any other source for rent accruing after the date of
the notice underlying the complaint? [__] Yes [_] No
Does plaintiff have any pending application for rental assistance or other financial compensation from any other source
corresponding to the amount demanded in the notice underlying the compiaint? [__] Yes
d. Does plaintiff have any pending application for rental assistance or other financial compensation from any other source for rent
accruing after the date on the notice underlying the complaint? [__] Yes lo
13. [[_] Other allegations Plaintiff makes the following additional allegations: (State any additional allegations below. with each
allegation lettered in order, starting with (a), (b), (c), etc. If there is not enough space below, check the box below and use
form MC-025, title it Attachment 13, and letter each allegation in order.) [__] Other allegations are on form MC-025.
14.[-_] Number of pages attached (specify):
Date: April 24, 2023
Anthony J. Calero
(TYPE OR PRINT NAME} (SIGNATURE 0} (INTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for fon or partnership.)
1am 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:
> See attached Verification
(TYPE OR PRINT NAME) (SIGNATURE)
UD-101 (Rev. July 16, 2022) PLAINTIFF'S MANDATORY COVER SHEET AND Page
5 of 5
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF Santa Clara
| have read the foregoing Complaint- Unlawful Detainer; Plaintiff's Mandatory Cover Sheet and
Supplemental Allegations- Unlawful Detainer
and know its contents.
[] CHECK APPLICABLE PARAGRAPHS
(CC) | am a partyto this action. The matters stated in the foregoing document are true of my own knowledge except as to those
matters which are stated on information and belief, and as to those matters | believe them to be true.
@ tam (} anOfficer (C} a partner
(J a Managing Member of Twin
Palms SC, LLC fdba Twin Palms Apartments LLC
a party to this action, and am authorized to make this verification for and on its behalf, and | make this ,
verification for that reason.
(CJ | am informed and believe and on that ground allege that the matters stated in the foregoing document are true. [X}The
matters
stated in the foregoing document are true of my own knowledge except as to these matters which
are stated on information and
belief,
and as to those matters | believe them to be true.
(2) Iam one of the attorneys
for
@ party to this action. Such party is absent from the county of aforesaid where such attomeys have their ,
offices, and | make this
verification for and on behalf
of that party for that reason. | am informed and believe and on that ground allege that the matters
stated in the foregoing document are true.
Executedon April 13, 2013 ,at San Jose , California.
Lge
1 declare under penalty of perjury under the laws of the State of Californi: ia thi forg oing is true and cor
Ralph..Borelli ne “Ewe
‘TYPE OR PRINT
NAME: SIGNATURE
PROOF OF SERVICE
1013a (3) CCP Revised 2004
STATE OF CALIFORNIA, COUNTY OF Santa Clara
lam employed in the countyof Santa Clara » State of Califomia.
| am over the age of 18 and nota party
to the within action; my business address is:
2055 Junction Avenue, Suie 138
San Jose, CA 95131
On April 13, 2023 : | Served the foregoing document described as.
on
in this action
(2) by placing the true copies thereof enclosed in sealed envel lopes addressed as stated on the attached mailing list:
[} by placing [C) the original (2) a true copy thereof enciosed in sealed envelopes addressed as follows:
(CQ BY MAIL
(2) “I deposited such envelope in the mail at » California.
The envelope was mailed with pastage thereon fully prepaid.
CC} As follows: | am “readily familiar” with the firm's practice of collection and processi ing correspondence for mailing
. Under
that practice
it would be deposited
with U.S. postal service on that same day with postage thereon fully prepaid at
California in the ordinary course of business. | am aware that on motion of the
party served, service Is presumed invalid if postal cancellation date or postage meter date
is more than ‘one day after date of
deposit for mailing in affidavit.
Executedon vat » Califomia.
(2) “(BY PERSONAL SERVICE) | delivered such envelope by hand to the offices of the addressee.
Executedon sat » Califomia.
C2 (State) | declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
(CQ (Federal) | declare that | am employed in the office of a member of the bar
of this court
at whose direction the service was
made.
a
‘TYPE OR PRINT NAME SIGNATURE
UAUSoT Soe one MUST
)
BE OF PERSON DEPOSITING ENVELOPE IN
“(FOR PERSON SERVICE SIGNATU
AL RE MUS BE THAT
T OF MESSENGER)
NONJC-016
(Rev. 01/01/2011) VERIFICATION/PROOF OF SERVICE
cB | Storm TWIN PALMS
Preview
UD-101 JATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NUMBER: 194454. FOR COURT USE ONLY awe: Anthony J. Calero, Esq. Finw wave: Law Offices of Travis H. Whitfield street appress:2055 Junction Ave., Suite 138 city: San Jose state: CA zip cove: 95131 TELEPHONE NO.: 408-879-9039 FAXNO: emai apres: acalero3000@gmail.com ATTORNEY FOR (oamey: Plaintiff |SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street ADoRESS: 191 North First Street MAILING ADORESS: 191 North First Street CITY AND zIP coe: San Jose 95113. BRANCH Name: Downtown Superior Court (DTS) PLAINTIFF: Twin Palms SC, LLC fdba Twin Palms Apartments LLC DEFENDANT: Swiss Precision Manufacturing, Inc. = aa ‘CASE NUMBER: PLAINTIFF'S MANDATORY COVER SHEET AND SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER All plaintiffs in unlawful detainer proceedings must file and serve this form. Filing this form complies with the requirement in Code of Civil Procedure section 1179.01.5(c). + Serve this form and any attachments to it with the summons. + if a summons has already been served without this form. then serve it by mail or any other means of service authorized by law. + If defendant has answered prior to service of this form, there is no requirement for defendant to respond to the supplemental allegations before trial. To obtain a judgment in an unlawful detainer action for nonpayment of rent on a residential property. a plaintiff must verify that no rental assistance or other financial compensation has been received for the ammount demanded in the notice or accruing afterward, and that no application is pending for such assistance. To obtain a default judgment, plaintiff must use Verification by Landlord Regarding Rental Assistance—Unlawful Detainer (form UD-120) to make this weeiheetion and provide other information required by statute, 1 PLAINTIFF (name each): Twin Palms SC, LLC fdba Twin Palms Apartments LLC alleges causes of action in the complaint filed in this action against DEFENDANT (name each): Swiss Precision Manufacturing, Inc. Statutory cover sheet allegations (Code Civ. Proc., § 1179.01.5(c)) a. This action seeks possession of real property that is (check all that apply): ] Residential [¥] Commerciat (if "residential" is checked, complete items 3 and 4 and all remaining items that apply to this action. If only “commercial” is checked, no further items need to be completed except the signature and verification on page 5; a summons may be issued, ) b. This action is based, in whole or in part, on an alleged default in payment of rent or other charges. Yes No Item 3 has been removed as it only applied before July 1, 2022. THIS SPACE INTENTIONALLY LEFT BLANK Page 1 of 5 Form Adoplad for Mandatory Use PLAINTIFF'S MANDATORY COVER SHEET AND Code of Civil Procedure, § 1179.01 et seq Judicial Counci of Califorvia wwew.courts.ca.gov UD-101 [Rev. July 16, 2022) SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER UD-104 PLAINTIFF; CASE NUMBER: DEFENDANT: Swiss Precision Manufacturing, Inc. THIS SPACE INTENTIONALLY LEFT BLANK 4. Tenants subject to COVID-19 Tenant Re Act (Code Civ. Proc., § 1179.02(h)) a. (1) One or more defendants in this action is a natural person: [__] Yes [] No (2) Identify any defendant not a natural person: {if no is checked, then no further items need to be completed except the signature and verification, and item 12 if the action is based on nonpayment of rent.) (1) All defendants named in this action maintain occupancy as described in Civil Code section 1940(b): [J Yes ~~] No (2) Identify any defendant who does not: (if yes is checked, then no further items need to be completed except the signature and verification, and item 12 if the action is based on nonpayment of rent.) 55. [__] Unlawful detainer notice expired before March 1, 2020 The untawful detainer complaint in this action is based solely on a notice to quit, to pay or quit, or to perform covenants or quit, in which the time period specified in the notice expired before March 1, 2020. (if this is the only basis for the action, no further items need to be completed except the signature and verification on page 5. (Code Civ, Proc., § 1179.03.5(a){1).)) 6. [__] Rent or other financial obligations due between March 1, 2020, and August 31, 2020 (protected time period) The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial obligations due in the protected time period. (Check ail that apply.) a. [[_] Defendant (name each): was provided all the required versions of the "Notice from the State of California" required by Code of Civil Procedure section 1179.04. (Provide information regarding service of the notice or notices in item 8 below.) [] Defendant (name each): was served with at least 15 days’ notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure section 1179.03(b) and (d). (if the notice identified defendant as a high-income tenant and requested submission of documentation supporting any declaration the defendant submits, complete item 9 below. (Code Civ. Proc.. § 1179.02.5(c).)) (if filing form UD-100 with this form and item 6b is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach a copy of the notice to that complaint form, and provide all requested information about service on that form.) UD-101 fRev. July 16, 2022), PLAINTIFF'S MANDATORY COVER SHEET AND Page 2 of 5 SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER UD-101 PLAINTIFF: CASE NUMBER: DEFENDANT: Swiss Precision Manufacturing, Inc. 6. c. Response to notice (check all that apply): (1) ((_} Defendant (name each): delivered a declaration of COVID-19-related financial distress on landlord in the time required. (Code Civ. Proc., § 1179,.03(f).) (2) [_] Defendant (name each): did not deliver a declaration of COVID-19-related financial distress on landlord in the time required. (Code Civ. Proc., § 1179.03(f).) 7. [__] Rent or other financial obligations due between September 1, 2020, and September 30, 2021 (the transition time period) The uniawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial obligations due during the transition time period. a. [__] Defendant (name each): was provided all the required versions of the "Notice from the State of California" as required by Code of Civil Procedure section 1179.04, (Provide information regarding service of the notice or notices in item 8 below.) [) Defendant (name each): was served with at least 15 days’ notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure section 1179.03(c) and (d). (if the notice identified defendant as a high-income tenant and requested submission of documentation supporting any declaration the defendant submits, complete item 9 below. (Code Civ. Proc.. § 1179.02.5(c).)) (if filing form UD-100 with this form and item 7b is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach a copy of the notice to that complaint form. and provide all requested information about service on that form.) Response to notice (check all that apply): (1) Defendant (name each): delivered a declaration of COVID-19-related financial distress on the landlord in the time required. (Code Civ, Proc., § 1179.03(f).) (2) [__] Defendant (name each): did not deliver a declaration of COVID-19-related financial distress on the landlord in the time required. (Code Civ. Proc., § 1179.03(f).)) [-~] Rent or other financial obligations due: (1) Rent or other financial obligations in the amount of S was due between September 1, 2020, and September 30, 2021. (2) Payment of $ for that period was received by September 30, 2021. 8. Service of Code of Civil Procedure Section 1179.04 Notice from the State of California (You must complete this item if you checked item 6 or 7 above. Section 1179.04 provides three separate versions of a “Notice from the State of California” that the landlord was to provide to tenants at different times during the pandemic (the notices referenced in items 6a and 7a above). This item addresses when and how those notices were provided.) a. September 2020 Notice. Plaintiff provided the required notice for tenants who, as of September 1, 2020, had any unpaid rent or other financial obligations due any time between March 1, 2020, and August 31, 2020 (Code Civ. Proc., § 1179.04(a)). to defendants identified in 6a or as follows: (1) [-] By sending a copy by mail addressed to each named defendant on (date): (2) [_] By personally handing a copy to each named defendant on (date): UD-101 [Rev. July 16, 2022) PLAINTIFF'S MANDATORY COVER SHEET AND Page 305 SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER UD-101 PLAINTIFF: CASE NUMBER: DEFENDANT: Swiss Precision Manufacturing, Inc. 8. a. (3) [-_] By some other method of service described in Code of Civil Procedure section 1162. (if this box is checked, describe the method and date of service on an attached page (you can use form MC-028) and title it Attachment 8a.) (4) [7] In different ways for different defendants. (/f this box is checked, describe the method and date of service for each defendant on an attached page (you can use form MC-025) and title it Attachment 8a.) (5) [-_] Plaintiff was not required to serve the September 2020 notice on the named defendants. February 2021 Notice. Plaintiff provided the required notice for tenants who as of February 1, 2021, had unpaid rent or other financial obligations due any time after March 1, 2020, (Code Civ. Proc., § 1179.04(b)) to defendants identified in 6a and 7a as follows: aM Co By sending a copy by mail addressed to each named defendant on (date): @ CC] By personally handing a copy to each named defendant on (date): 3) CO) By some other method of service described in Code of Civil Procedure section 1162. (/f this box is checked, describe the method and date of service on an attached page (you can use form MC-025) and title it Attachment 8b.) 4 CU In different ways for different defendants. (/f this box is checked. describe the method and date of service for each defendant on an attached page (you can use form MC-025) and title it Attachment 8b.} 6) CJ Plaintiff was not required to serve the February 2021 notice on the named defendants. July 2021 Notice. Plaintiff provided the required notice for tenants who as of July 1, 2021, had unpaid rent or other financial obligations due any time after March 1, 2020, (Code Civ. Proc., § 1179.04(c)) to defendants identified in 6a and 7a as follows: (1) [J By sending a copy by mail addressed to each named defendant on (date): Q) £ By personally handing a copy to each named defendant on (date): 7 8) C5 By some other method of service described in Code of Civil Procedure section 1162. (/f this box is checked, describe the method and date of service on an altached page (you can use form MC-025) and title it Attachment 8c.) 4) C4 In different ways for different defendants. (/f this box is checked, describe the method and date of service for each defendant on an attached page (you can use form MC-025) and title it Attachment 8c.) 5) [] Plaintiff was not required to serve the July 2021 notice on the named defendants. 9. [_] High-income tenant. The 15-day notice in item 6b or 7b above identified defendant as a high-income tenant and requested submission of documentation supporting the tenant's claim that tenant had suffered COVID-19-elated financial distress. Plaintiff had proof before serving that notice that the tenant has an annual income that is at least 130 percent of the median income for the county the rental property is located in and not less than $100,000. (Code Civ. Proc., § 1179.02.5.) a. [__] The tenant did not deliver a declaration of COVID-19-related financial distress within the required time. (Code Civ. Proc., § 1179.03(f).) b. The tenant did not deliver documentation within the required time supporting that the tenant had suffered COVID-19- related financial distress as asserted in the declaration. (Code Civ. Proc., § 1179.02.5(c).) 10. [_] Rent or other financial obligations due between October 1, 2021, and March 31, 2022 (recovery period rental debt). The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial obligations due during the recovery period. (Check a. b. orc.) a. [_] Defendant (name each): was served with at least 3 days’ notice to pay rent or other financial obligations or quit, in a notice that included the information about the government rental assistance program and possible protections, as required by Code of Civil Procedure section 4179.10. (if filing form UD-100 with this form and this item is checked, specify this notice in item 9a(7) on form UD-100, attach a copy of the notice to that complaint form, and provide all requested information about service on that form.) b. [] The tenancy was not initially established before October 1, 2021, and the special notice to quit required by Code of Civil Procedure section 1179.10 does not apply in this action. c. [__] The 3 days' notice to pay rent or other financial obligations or quit was served on or after July 1, 2022, and the special notice to quit required by Code of Civil Procedure section 1179.10 does not apply in this action. UD-101 [Rev July 16, 2022] PLAINTIFF'S MANDATORY COVER SHEET AND Page 4 of 5. SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER = UD-104 PLAINTIFF: CASE NUMBER: DEFENDANT: Swiss Precision Manufacturing, Inc. _ = 11, [=] Rent or other financial obligations due after March 31, 2022. (Only applicable if action is filed on or after April 1, 2022.) The only demand for rent or other financial obligations on which the unlawful detainer complaint in this action is based is a demand for payment of rent due after March 31, 2022. 12. [[_] Statements regarding rental assistance (Required in all actions based on nonpayment of rent or any other financial obligation. Plaintiff must answer all the questions in this item and, if later seeking a default ‘judgment, will also need to file Verification Regarding Rental Assistance— Unlawful Detainer (form UD-120).) a. Has plaintiff received rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the comptaint? [__] Yes No b. Has plaintiff received rental assistance or other financial compensation from any other source for rent accruing after the date of the notice underlying the complaint? [__] Yes [_] No Does plaintiff have any pending application for rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the compiaint? [__] Yes d. Does plaintiff have any pending application for rental assistance or other financial compensation from any other source for rent accruing after the date on the notice underlying the complaint? [__] Yes lo 13. [[_] Other allegations Plaintiff makes the following additional allegations: (State any additional allegations below. with each allegation lettered in order, starting with (a), (b), (c), etc. If there is not enough space below, check the box below and use form MC-025, title it Attachment 13, and letter each allegation in order.) [__] Other allegations are on form MC-025. 14.[-_] Number of pages attached (specify): Date: April 24, 2023 Anthony J. Calero (TYPE OR PRINT NAME} (SIGNATURE 0} (INTIFF OR ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attorney or for fon or partnership.) 1am 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: > See attached Verification (TYPE OR PRINT NAME) (SIGNATURE) UD-101 (Rev. July 16, 2022) PLAINTIFF'S MANDATORY COVER SHEET AND Page 5 of 5 SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER VERIFICATION STATE OF CALIFORNIA, COUNTY OF Santa Clara | have read the foregoing Complaint- Unlawful Detainer; Plaintiff's Mandatory Cover Sheet and Supplemental Allegations- Unlawful Detainer and know its contents. [] CHECK APPLICABLE PARAGRAPHS (CC) | am a partyto this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters | believe them to be true. @ tam (} anOfficer (C} a partner (J a Managing Member of Twin Palms SC, LLC fdba Twin Palms Apartments LLC a party to this action, and am authorized to make this verification for and on its behalf, and | make this , verification for that reason. (CJ | am informed and believe and on that ground allege that the matters stated in the foregoing document are true. [X}The matters stated in the foregoing document are true of my own knowledge except as to these matters which are stated on information and belief, and as to those matters | believe them to be true. (2) Iam one of the attorneys for @ party to this action. Such party is absent from the county of aforesaid where such attomeys have their , offices, and | make this verification for and on behalf of that party for that reason. | am informed and believe and on that ground allege that the matters stated in the foregoing document are true. Executedon April 13, 2013 ,at San Jose , California. Lge 1 declare under penalty of perjury under the laws of the State of Californi: ia thi forg oing is true and cor Ralph..Borelli ne “Ewe ‘TYPE OR PRINT NAME: SIGNATURE PROOF OF SERVICE 1013a (3) CCP Revised 2004 STATE OF CALIFORNIA, COUNTY OF Santa Clara lam employed in the countyof Santa Clara » State of Califomia. | am over the age of 18 and nota party to the within action; my business address is: 2055 Junction Avenue, Suie 138 San Jose, CA 95131 On April 13, 2023 : | Served the foregoing document described as. on in this action (2) by placing the true copies thereof enclosed in sealed envel lopes addressed as stated on the attached mailing list: [} by placing [C) the original (2) a true copy thereof enciosed in sealed envelopes addressed as follows: (CQ BY MAIL (2) “I deposited such envelope in the mail at » California. The envelope was mailed with pastage thereon fully prepaid. CC} As follows: | am “readily familiar” with the firm's practice of collection and processi ing correspondence for mailing . Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at California in the ordinary course of business. | am aware that on motion of the party served, service Is presumed invalid if postal cancellation date or postage meter date is more than ‘one day after date of deposit for mailing in affidavit. Executedon vat » Califomia. (2) “(BY PERSONAL SERVICE) | delivered such envelope by hand to the offices of the addressee. Executedon sat » Califomia. C2 (State) | declare under penalty of perjury under the laws of the State of California that the above is true and correct. (CQ (Federal) | declare that | am employed in the office of a member of the bar of this court at whose direction the service was made. a ‘TYPE OR PRINT NAME SIGNATURE UAUSoT Soe one MUST ) BE OF PERSON DEPOSITING ENVELOPE IN “(FOR PERSON SERVICE SIGNATU AL RE MUS BE THAT T OF MESSENGER) NONJC-016 (Rev. 01/01/2011) VERIFICATION/PROOF OF SERVICE cB | Storm TWIN PALMS