Complaint,Petition: HACH INTERNATIONAL LLC vs LUK

On March 29, 2024 a Complaint,Petition was filed involving a dispute between Hach International Llc, and Karen Luk, for Civil Unlimited (Breach of Rental/Lease Contra...) in the District Court of Alameda County.

Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY

John Chu 104302
Corporate Counsel Law Group, LLP
25 Kearny Street, #302
San Francisco, CA 94108-5515
TELEPHONE NO.: (415) 989-5300 FAX NO.(Optional) : (415) 788-4315

E-MAIL ADDRESS (Optional): jchu149@yahoo.com
ATTORNEY FOR (Name): Plaintiff Hach International LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF County of Alameda
STREET ADDRESS: 1225 Fallon St

MAILING ADDRESS:

CITY AND ZIP CODE: Oakland, CA 94612
BRANCH NAME: Rene C. Davidson Courthouse
PLAINTIFF: Hach International LLC
DEFENDANT: Karen Luk fdba Bandao Beef Noodle

 DOES 1 TO
CONTRACT

X COMPLAINT  AMENDED COMPLAINT (Number) :
 CROSS-COMPLAINT  AMENDED CROSS-COMPLAINT (Number) :
Jurisdiction (check all that apply) : CASE NUMBER:

 ACTION IS A LIMITED CIVIL CASE
Amount demanded  does not exceed $10,000
 exceeds $10,000 but does not exceed $25,000
X ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
 ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
 from limited to unlimited
 from unlimited to limited
1. Plaintiff* (name or names): Hach International LLC
fdba
alleges causes of action against defendant* (name or names) : Karen Luk fdba Bandao Beef Noodle
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above is a competent adult
X except plaintiff (name) : Hach International LLC
(1)  a corporation qualified to do business in California
(2)  an unincorporated entity (describe) :
(3) 
X other (specify) : a California limited liability company
b.  Plaintiff (name) :
a.  has complied with the fictitious business name laws and is doing business under the fictitious name (specify) :

b.  has complied with all licensing requirements as a licensed (specify) :
c.  Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
 except defendant (name) :  except defendant (name) :
(1)  a business organization, form unknown (1)  a business organization, form unknown
(2)  a corporation (2)  a corporation
(3)  an unincorporated entity (describe) : (3)  an unincorporated entity (describe) :
(4)  a public entity (describe) : (4)  a public entity (describe) :
(5)  other (specify) : (5)  other (specify) :
*If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2

Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California
PLD-C-001 [Rev. January 1, 2007]
COMPLAINT - Contract
PLD-C-001
SHORT TITLE: CASE NUMBER:

Hach International v Luk

4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1)  Doe defendants (specify Doe numbers): were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2)  Doe defendants (specify Doe numbers): are persons whose capacities are unknown to
plaintiff.
c.  Information about additional defendants who are not natural persons is contained in Attachment 4c.
d.  Defendants who are joined under Code of Civil Procedure section 382 are (names):

5.  Plaintiff is required to comply with a claims statute, and
a.  has complied with applicable claims statutes, or
b.  is excused from complying because (specify) :

6.  This action is subject to  Civil Code section 1812.10  Civil Code section 2984.4.
7. This court is the proper court because
a.  X a defendant entered into the contract here.
b.  a defendant lived here when the contract was entered into.
c.  a defendant lives here now.
d.  X the contract was to be performed here.
e.  a defendant is a corporation or unincorporated association and its principal place of business is here.
f.  real property that is the subject of this action is located here.
g.  other (specify) :

8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached) :

X Breach of Contract
 Common Counts
 Other (specify) :

9.  Other allegations:

10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a.  X damages of: $ 223,011.17
b.  X interest on the damages
(1)  according to proof
(2)  X at the rate of (specify): 10 percent per year from (date) : 2/23/2023
c.  X attorney's fees
(1)  of: $
(2)  X according to proof.
d.  other (specify) :

11.  The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers) :

Date:
3/28/2024
John Chu /s/ John Chu
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2007] Page 2 of 2
COMPLAINT - Contract
PLD-C-001(1)
SHORT TITLE: CASE NUMBER:

Hach International v Luk

First
(number)
CAUSE OF ACTION- Breach of Contract

ATTACHMENT TO 
X Complaint  Cross-Complaint
(Use a separate cause of action form for each cause of action.)

BC-1. Plaintiff (name): Hach International LLC

alleges that on or about (date): 7/12/2017
a  X written  oral  other (specify):
agreement was made between (name parties to agreement): Xiao Yen Chen as landlord and
Xiang Wang as tenant

X A copy of the agreement is attached as Exhibit A, or

X The essential terms of the agreement  are stated in Attachment BC-1  are as follows (specify):
lease of the commercial space located at 2705 Stoneridge
Drive, Suite B, Pleasanton, CA 94588. Xiao Yen Chen
subsequently assigned her interest as landlord to Hach
International LLC and on or about 6/1/2019, Xiang Wang
assigned his interest as tenant to defendant Karen Luk.
Defendant Luk occupied the premises and conducted businss
there as Bandao Beef Noodle until 2/10/2023 when she
surrendered the premises to plaintiff.
BC-2. On or about (dates): 9/1/2022
defendant breached the agreement by  the acts specified in Attachment BC-2 
X the following acts
(specify):
by failing to make any more rent payments to plaintiff.

BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.

BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
 as stated in Attachment BC-4  X as follows (specify):
unpaid rent during the tenancy in the total amount of
$223,011.17.

BC-5. 
X Plaintiff is entitled to attorney fees by an agreement or a statute
 of $

X according to proof.
BC-6. 
X Other:
Copies of the lease assignment and plaintiff's final
invoice to defendant are attached as Exhibits B and
C.

Page 1
Page 1 of 1

Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California CAUSE OF ACTION-Breach of Contract www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2007]
CALIFORNIA
COMMERCIAL lEASE AGREEMENT
ASSOCIATION (C.A.R. Form elf Revised 12/15)
OF REALTORS®

Date (For reference only): ~J..
u.,lv,-1..2"L,",2"O,-17,----_ _ _ _ _----;;c-
Xiao Van Chen ("Landlord") and
Xianq Wang ("Tenant") agree as follows:
1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: Unit B of
approximatelv 1330 SF inside the "Food Court" space in the "Pacific Pearl" Shopping Cenier. in Pleasanton. CA ==~(';;"p"re"m=isC:eC:s;;;")-,"wh=ic7"h
comprise approximately % of the total square footage of rentable space in the entire property. See exhibit A for a further
description of the Premises.
2. TERM: The term begins on (date) _ _ _ _ _ _ _ _ _ _ _ _ _""E"'}(!.'h"ib"'it'-'A"'--_ _ _ _ _ _ _ _ _ _ _~("Commencement Oate"),
(Check A or B):
o A. Lease: and shall terminate on (date) at [JAM PM. Any holding over after the
tenn of this agreement expires, with Landlord's consent, shall create a month-to-month tenancy that either party may terminate as specified in
D
paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and
conditions of this agreement shall remain in full force and effect.
D B. Month-to-month: and continues as a month-to-month tenancy. Either party may terminate the tenancy by giving written notice to the other at
least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date.
D C. RENEWAL OR EXTENSION TERMS: See attached addendum _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
3. BASE RENT:
A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:)
D (1) $ per month, for the term of the agreement.
D (2) $ per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of
each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor
Statistics of the Department of Labor for All Urban Consumers ("CPI") for
(the city nearest the location of the Premises), based on the following focrm=u'"la-:""'B'"a-s-e""""R-e-nt'-w---';iI'-l,..be""m-:-u-;l,..tip-;l,..iec:dc-;:-by~thC"e""m"Co:cs:;t"CcC"u:::rrc:e-::n;-t"'C"P"I
preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the
Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the
adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely
reflects the CPI.
D (3) $ per month for the period commencing _ _ _ _ _ _ _ _ _ and ending _ _ _ _ _ _ _ _ _ and
$ per month for the period commencing and ending _ _ _ _ _ _ _ _ _ _ and
$ per month for the period commencing and ending _ _ _ _ _ _ _ _ _ __
!KI (4) In accordance with the attached rent schedule.

B. D
Base (5)Rent
Other: =====:-:::==:;-;c=..,.----.-;;:==================-----
D )
is payable in advance on the 1st (or day of each calendar month, and is delinquent on the next day.
C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based
on a 3D-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month
shall be prorated based on a 3D-day period.
4. RENT:
A. Definition: ("Rent") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit.
B. Payment: Rent shall be paid to (Name) Xiao Van Chen at (address)
,---cc-----~~~""_.c~7C_C~~-Oc-_cc--------------------------------------------------------' or at any other
location specified by Landlord in writing to Tenant.
C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord.
5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on
If Tenant is in possession prior to the Commencement Date, during this tim·=e-;(""i)~T;ce:Cn:CaC:nC;-t7is""nC:o'"tC:ocb"lig::-a"te::-d""'to""pC:a"y-;B""a:-sC:e'"""R::e-=n;-t,-a:Cn:Cd"'(i"i)~T;ce:Cn:CaC:nC;-t'D~is
D is not obligated to pay Rent other than Base Rent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is
obligated to comply with all other terms of this agreement.
6. SECURITY DEPOSIT:
A. Tenant agrees to pay Landlord $ 7,647.50 as a security deposit. Tenant agrees not to hold Broker responsible for its return.
(IF CHECKED:) !KIlf Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion
as the increase in Base Rent.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges,
non-sufficient funds ("NSF") fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or
licensee of Tenant; (iii) broom clean the Premises, if necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of
Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. II all or any portion althe
security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to
Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (I) furnish Tenant an itemized statement indicating the
amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant.
However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after
deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession.
C. No interest will be paid on security deposit, unless required by local ordinance.

Landlord's Initials ( _ _....J) ( Tenant's Initials ( _'L.:X~...J) (
© 2015, California Association of REALTORS®, Inc.
CL REVISED 12/15 (PAGE 1 of 6)
@EQUAL HCUSONr.
L'Pf'tlRIUN'lV

COMMERCIAL LEASE AGREEMENT CL PAGE 1 OF 6
GD Cllmmercial Re.,d Esl"-lle, 145.." McCarlhy Blvd. Milpit.1S, CA 95035 Phone: 408·930-3699 Fax: 4ll8-383-98S7 .Tin Li Express
Jackie Lull Produced with zipForm@byzipLogix 18070 Fifteen Mile Road. Fraser. Michigan 48026 wwwzipl gOix com

Exhibit A Page 1 of 14
Premises: Unit B of approximately 1330 SF inside the "Food Court" space in the "Pac/fie Pearl" Shopping Center, in Date Julv 12,2017
7, PAYMENTS:

PAYMENT
TOTAL DUE RECEIVED BALANCE DlIe; DUE DATE

A. Rent: From To $ $ $
Date Date
B, Security Deposit ...... ............. $ 7,647,50 $ $ 7,647,50
C, Other: 1st month eret:!.aid rent + NNN $ 7,647,50 $ $ 7,647,50
Category
D, Other: $ $ $
Category
E, Total: ........... $ 15,295,00 $ $ 15,295,00

8. PARKING: Tenant is entitled to 0 unreserved and 0 reserved vehicle parking spaces. The right
to parking Dis 0
is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall be
an additional $ per month. Parking space(s) are to be used for parking operable motor vehicles, except for trailers, boats,
campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles
leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable
vehicles is not allowed in parking space(s) or elsewhere on the Premises. No overnight parking is permitted.
9. ADDITIONAL STORAGE: Storage is permitted as follows: n/a .
The right to additional storage space Dis D is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent,
storage space shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not
store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or
perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the
clean-up of any contamination caused by Tenant's use of the storage area.
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord
to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is
not received by Landlord within 5 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively,
$ as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be
deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent.
Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge
or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and
remedies under this agreement, and as provided by law.
11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the
following exceptions: """"-:-==cc-c;--;;---c:'""""'-:;-:-=,---~---__- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Items listed as exceptions shall be dealt with in the following manner: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances ("Laws"). Landlord
makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation
regarding all applicable Laws.
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant _ _ _ _ _ _ _ _ _ _ _ __

14, PROPERTY OPERATING EXPENSES:
A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common
area maintenance, consolidated utility and service bills, insurance, and real property taxes, based on the ratio of the square footage of the Premises
to the total square footage of the rentable space in the entire property. estimated to be $1.50~$2.00/SF/month which includes $50 for
mana ement fees
OR B. (If checked) Paragraph 14 does not apply.
15. USE: The Premises are for the sole use as Mao Cai ~ individual spicY hotpot
No other use is permitted without Landlord""s'"'p':'r':io"r~w"':r"itt2e"n"c"0"n"s"e':":nft.';I?f':'a=ny=u"'s"e"bC"Y"T;Oe:Cn:Ca::n"t-:cC:aC"uC"seC"s=-=aC:n"i::Cnc:Cr::e::a::se~inC-;;lh::ecccp:::reC:m::Ci"u=m:-CoC"n-cL-:aC:n~d;cloC:rd:::'::s-:e::xC;:is:::ti::ng
property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises.
16. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at
any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb,
annoy, endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not
limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a
waste or nuisance on or about the Premises.
17, MAINTENANCE:
A. Tenant OR !la
(If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plumbing and
water systems, if any, and I(eep glass, windows and doors in operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain
the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost.
B. Landlord OR D (If checked, Tenant) shall maintain the roof, foundation, exterior walls, common areas and

\I
Landlord's Initials ( _ _~l( Tenant's Initials ( --'}.,,<_ _~) (

CL REVISED 12115 (PAGE 2 of 6) EQW\lIlQU5'NG

COMMERCIAL LEASE AGREEMENT (Cl PAGE 2 OF 6) QI'.QRruNnV

Produced with zipForm@byzipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzip! ogil( com Jill U K"p"css

Exhibit A Page 2 of 14
Premises: Unit B of approximately 1330 SF inside the "Food Court" spaCe in the "Pacific Pearl" Shopping Center, in Date Julv 12. 2017
18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's
prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required
permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration. so that Landlord, at its option. may post a
Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide
Landlord with lien releases from any contractor performing work on the Premises.
19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord
shall be responsible for any other alterations required by Law.
20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed
repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants,
mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient
notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice.
21. SIGNS; Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90
(orO ) day period preceding the termination of the agreement.
22. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest
in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting,
assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be
null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an
application and credit infonnation for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's
consent to anyone sublease, assignment, or transfer, shall not be construed as consent to any subsequent SUblease, assignment, or transfer, and
does not release Tenant of Tenant's obligation under this agreement.
23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which
possession is made available to Tenant However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to
deliver possession within 60 (or 0 )
calendar days after the agreed Commencement Date, Tenant may terminate this agreement by
giving written notice to Landlord, and shall be refunded all Rent and security deposit paid.
24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i) give Landlord all copies of all keys or
opening devices to Premises, including any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal
property; (iii) vacate all parking and storage spaces; (IV) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v)
clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may
nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant.
25. BREACH OF CONTRACT/EARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this
agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations
established by paragraph 24, Tenant shall also be responsible for lost rent, rental commissions, advertising expenses, and painting costs necessary
to ready Premises for re-rental. Landlord may also recover from Tenant (i) the worth, at the time of award, of the unpaid Rent that had been earned
at the time of termination; (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration
until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (iii) the worth, at the
time of award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss
that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate
Tenant's right to possession, by either written notice of termination of possession or by reletting the Premises to another who takes possession, and
Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due.
26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other
casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete
such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If
Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may tenninate this
agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Base
Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the
extent to which the damage intetieres with Tenant's reasonable use of the Premises. If total or partial destruction or damage occurs as a result of an
act of Tenant or Tenant's guests, (i) only Landlord shall have the right, at Landlord's sole discretion, within 30 days after such total or partial
destruction or damage to treat the lease as terminated by Tenant, and (ii) Landlord shall have the right to recover damages from Tenant.
27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of
which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of
Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of
removal and remediation, or any clean-up of any contamination caused by Tenant.
28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is
given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures,
belong to Landlord.
29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to
fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenant's own property insurance to
protect Tenant from any such loss. In addition, Tenant shall carry (i) liability insurance in an amount of not less than $ 1.000,000.00 and (ii)
property insurance in an amount sufficient to cover the replacement cost of the property if Tenant is responsible for maintenance under paragraph
17B. Tenant's insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord
with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an
amount of at least $ I (;)00 0 00 ,plus property insurance in an amount sufficient to cover the replacement cost of the property unless Tenant
is responSible for maiAtenanc6 pursuant to paragraph 17B. Tenant is advised to carry business interruption insurance in an amount at least sufficient
to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant
release each other, and waive their respective rights to subrogation against each other, for loss or Xage ~overed by insurance.
Landlord's Initials ( )( ) Tenant's Initials { . ( )
CL REVISED 12/15 (PAGE 3 of 6)
EQlII\t ~OUS'NG
COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) OPl'OImJNm-

Produced wIth zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzjpLogjxcom Jin Li Express

Exhibit A Page 3 of 14
Premises: Unit B of approximately 1330 SF inside the "Food Court" space in the "Pacific Pearl" Shopping Center, in Date Julv 12. 2017
30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to
Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified
and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's
acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be
treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement
(which will be held in confidence) reasonably requested by a prospective lender or buyer.
31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement.
Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon
such transfer, or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released
of any further liability to Tenant, upon Landlord's transfer.
32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first
mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises,
and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered
into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so
long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated
pursuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a
mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust,
or ground lease, or the date of recording.
33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate.
Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with
approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of
the credit report(s); or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on
Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement.
34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS: Landlord states that the Premises has, or 0 0
has not been inspected by a Certified
Access Specialist. If so, Landlord states that the Premises 0
has, or 0
has not been determined to meet all applicable construction-related
accessibility standards pursuant to Civil Code Section 55.53.
35. DISPUTE RESOLUTION:
A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting
transaction, before resorting to arbitration or court action, subject to paragraph 358(2) below. Paragraphs 358(2) and (3) apply whether or not
the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to
which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to
mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be aVailable
to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute or claim in Law or equity arising between them out of
this agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration,
including and subject to paragraphs 35B(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least
5 years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an
award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part
III, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having
jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a
judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as
defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the
jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to
which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for
order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration
provisions.
(3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both
Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to
Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the
agreement.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT
POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE
BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE
TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION."
Landlord's Initials Tenant's Initials

Landlord's Initials ( --~)( Tenant's Initials ( v
-~'-\'-~
)(
\
CL REVISED 12/15 (PAGE 4 of 6)
EQUAL HOUS,tru
COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6) OPf>ORTUNIIV

Produced with zlpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 480

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: HACH INTERNATIONAL LLC vs LUK

Preview

Case Info

Parties

Complaint,Petition: HACH INTERNATIONAL LLC vs LUK

Preview

Related Topics

Case Info

Parties