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THOMAS W. J. PURTELL, ESQ. (SBN 229961)
THE LAW OFFICES OF THOMAS W. J. PURTELL
534 Pacific Ave., Suite 200
San Francisco, CA 94133
Telephone: (415) 722-6291
Facsimile: (415) 834-5591
Email: tpurtell@thomaswjpurtell-law.corn
ANTHONY CHIOSSO, ESQ. (SBN 209014)
CHIOSSO LAW OFFICES
50 California St. 15th Floor
San Francisco, CA 94111
Telephone: (415) 964-1321
Facsimile: (415) 358-4315
Email: tony@chiossolaw.corn
Attorneys for Plaintiffs,
10 SARA BUNGATO, an individual; and
EUGENE PEREVERZEV, an individual
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF ALAMEDA
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SARA BUNGATO, an individual; and ) Case No.:
14 EUGENE PEREVERZEV, an individual )
) PLAINTIFFS'OMPLAINT FOR:
15 )
) (1) NEGLIGENCE;
16 Plaintiffs, ) (2) BREACH OF THE IMPLIED
) WARRANTY OF HABITABILITY;
17 vs. ) (3) BREACH OF THE IMPLIED
) WARRANTY OF QUIET ENJOYMENT;
18 RAMENDRA SINGH, an individual; ) (4) INTENTIONAL INFLICTION OF
SUMAN SINGH, an individual; and ) EMOTIONAL DISTRESS;
19 DOES 1 to 10, inclusive, ) (5) BREACH OF CONTRACT;
) (6) BREACH OF THE COVENANT OF
20 ) GOOD FAITH AND FAIR DEALING;
Defendants. ) (7) PRIVATE NUISANCE; and
21 ) (8) VIOLATION OF HAYWARD
) MUNICIPAL CODE, SEC. 12-1.12—
22 ) TENANT HARASSMENT
)
23 DEMAND FOR JURY TRIAL
25 COMES NOW Plaintiffs SARA BUNGATO, an individual, and EUGENE
26 PEREVERZEV, an individual, to submit the following Complaint based upon information and
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belief as follows:
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PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL
PARTIES
1. Plaintiff SARA BUNGATO, an individual, is an adult individual at all relevant
times herein residing in the City of Hayward, County of Alameda, State of California.
2. Plaintiff EUGENE PEREVERZEV, an individual, is an adult individual and
landlord doing business in the City of Hayward, County of Alameda, State of California.
3. Defendant RAMENDRA SINGH, an individual, and is an adult individual,
landlord, and property manager doing business in the City of Hayward, County of Hayward,
State of California.
4. Defendant SUMAN SINGH, an individual, and is an adult individual, landlord,
10 and property manager doing business in the City of Hayward, County of Hayward, State of
California.
12 5. At all times herein, Plaintiffs SARA BUNGATO, an individual; and EUGENE
13 PEREVERZEV, an individual, may be referred to as "Plaintiffs."
14 6. At all times herein, Defendants RAMENDRA SINGH, an individual, and
15 SUMAN SINGH, an individual, and DOES 1 to 10 may be collectively referred to as
16 "Defendants."
17 7. The true names and capacities, whether individual, corporate, associate, or
18 otherwise, of the Defendants named herein as DOES 1 through DOES 10 are unknown to
19 Plaintiffs at this time. Plaintiffs sue the Defendant DOES by such fictitious names pursuant to
20 California Code of Civil Procedure $ 474, and will amend this Complaint to show their true
21 names and capacities when the same have been ascertained. Plaintiffs are informed and believe,
22 and based on such information and belief allege, that each of the Defendant DOES are legally
23 responsible in some manner for the events and happenings referred to in this Complaint and/or
24 also unlawfully caused the damages to Plaintiffs as alleged herein.
25 8. Plaintiffs are further informed and believes, and based on such information and
26 belief alleges, that at all times pled in this Complaint, Defendants, and each of them, were the
27 agents and/or employees of the other, and in doing the things alleged herein, Defendants were
28 acting within the course and scope of their agency and/or employment.
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PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL
VENUE AND JURISDICTION
9. Venue in this Court is proper as the injuries and damages to Plaintiffs occurred in
the City of Hayward, County of Alameda, State of California.
10. Jurisdiction in this Court is proper as the amount in controversy is in excess of the
statutory requirements of this Court.
GENERAL ALLEGATIONS
11. Plaintiffs were residential tenants at 25654 Franklin Ave, Hayward, California
94544 (hereinafter "Subject Property" ) from September 6, 2018, until February 27, 2024, when
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Plaintiffs were constructively evicted from the Subject Property, which contains an
uninhabitable and dangerous illegal unit in Hayward, CA.
12 12. At all times herein, Defendants RAMENDRA SINGH, an individual, and
13 SUMAN SINGH, an individual, and DOES 1 to 10 owned, managed, maintained, and controlled
14 the Subject Property.
15 13. Plaintiffs took possession of a unit in the Subject Property pursuant to a
16 contract with Defendants.
17 14. At all times herein, a landlord-tenant relationship existed between Plaintiffs and
18 Defendants.
19 15. Defendants are liable for renting the Subject Property to Plaintiffs with full
20 knowledge of its illegality and un-habitability, and the harm that Plaintiffs suffered as a
21 result.
22 16. Substantial defective conditions existed at the Subject Property during
23 Plaintiffs'enancy which constitute violations of applicable housing laws, including but
24 not limited to, violations of the City of Hayward Building Code for which Defendants
25 received notices of violation from the City of Hayward Building Inspection that the unit
26 was illegal, dangerous, and uninhabitable and illegal and dangerous electrical work was
27 performed without permits and illegal and dangerous plumbing and electrical work was
28 performed without permits in the illegal unit and Defendants knowingly and negligently
PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL
exposed Plaintiffs to unsafe, illegal, and severe levels of mold, Defendants knowingly and
negligently refused to remediate mold from the Subject Property during Plaintiffs'enancy,
Defendants knowingly and negligently failed to provide heat to the Subject Property during
Plaintiffs'enancy, Defendants knowingly and negligently refused to provide heat that
conformed v ith applicable law and adequately maintained in working order, Defendants
knowingly and negligently refused to provide electrical components in v'orking order,
Defendants knowingly and negligently failed to provide appliances that conformed with
applicable lav'nd adequately maintained in working order. Defendants knowingly and
negligently refused to remediate vermin from the Subject Property during Plaintiffs'enancy,
10 Defendants knowingly and illegally entered the Subject Premises repeatedly without prior
notice to Plaintiffs in violation of Cal. Civ. Code section 1954 when Plaintiffs were inside
12 the Subject Premises terrifying Plaintiffs for their safety, Defendants knowingly and
13 negligently failed to make repairs on the Subject Property, Defendants harassed Plaintiffs by
14 attempting to influence Plaintiffs to vacate the Subject Property through intimidation and
15 coercion in violation of Hayward Municipal Code, Sec. 12-1.12, Defendants permitted the
16 Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith
17 causing Plaintiffs severe harm, including, but not limited to, general and special damages, loss
18 of use of property, property damage, emotional distress and bodily injury, and Defendants
19 constructively evicted Plaintiffs from the illegal, unsafe, dangerous, and uninhabitable unit.
20 FIRST CAUSE OF ACTION
NEGLIGENCE
21 (Plaintiffs Against All Defendants and DOES 1-10)
22 17. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
23 each and every preceding Paragraph of this Complaint.
24 18. Defendants owed Plaintiffs a duty of reasonable and due care to exercise
25 reasonable care in the ownership, operation, management, maintenance, and control
26 of the Subject Property.
27 19. Defendants breached their duty to exercise reasonable care in the
ownership, operation, management, and control of the Subject Property, which
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PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL
included, but was not limited to, the following: the duty to refrain from renting an
illegal unit, the failure to disclose that the unit was illegal, the duty to refrain from renting
a unit that lacked a certificate of occupancy, the duty to comply with all applicable state
and local laws governing Plaintiffs'ights, the duty to remediate mold from the Subject
Property during Plaintiffs'enancy, the duty to provide heat to the Subject Property during
Plaintiffs'enancy, the duty to remediate vermin from the Subject Property during
Plaintiffs'enancy,
the duty to make repairs on the Subject Property, the duty not to interfere with
Plaintiffs'uiet enjoyment of the premises, the duty to make necessary repairs and
maintenance, and the duty to provide Plaintiffs a habitable unit.
10 20. As a direct and proximate result of the breaches of the foregoing duties by
Defendants, Plaintiffs suffered general and special damages including in an amount
12 according to proof, and Plaintiffs were constructively evicted by Defendants from the illegal,
13 dangerous, and uninhabitable unit.
14 SECOND CAUSE OF ACTION
BREACH OF THE IMPLIED WARRANTY OF HABITABILITY
15 (Plaintiffs Against All Defendants and DOES 1-10)
16 21. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
17 each and every preceding Paragraph of this Complaint.
18 22. In renting the Subject Property to Plaintiffs, Defendants impliedly undertook the
19 warranty that the Subject Property was in a habitable condition.
20 23. Defendants breached their duty to exercise reasonable care in the
21 ownership, operation, management, and control of the Subject Property, which
22 included, but was not limited to, the following: the duty to refrain from renting an
23 illegal unit, the failure to disclose that the unit was illegal, the duty to refrain from renting
24 a unit that lacked a certificate of occupancy, the duty to comply with all applicable state
25 and local laws governing Plaintiffs'ights, the duty to remediate mold from the Subject
26 Property during Plaintiffs'enancy, the duty to provide heat to the Subject Property during
27 Plaintiffs'enancy, the duty to remediate vermin from the Subject Property during
Plaintiffs'enancy,
the duty to make repairs on the Subject Property, the duty not to interfere with
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PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiffs'uiet enjoyment of the premises, the duty to make necessary repairs and
maintenance, and the duty to provide Plaintiffs a habitable unit, and Defendants thereby
interfered with the habitability of Plaintiffs'enancy and Defendants breached the implied
warranty of habitability.
24. As a direct and proximate result of the breaches of the foregoing duties by
Defendants, Plaintiffs suffered general and special damages including in an amount
according to proof, and Plaintiffs were constructively evicted by Defendants from the illegal,
dangerous, and uninhabitable unit.
THIRD CAUSE OF ACTION
BREACH OF THE IMPLIED WARRANTY OF QUIET ENJOYMENT
10 (Plaintiffs Against All Defendants and DOES 1-10)
25. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
12 each and every preceding Paragraph of this Complaint.
13 26. In renting the Subject Property to the Plaintiffs, Defendants impliedly undertook
14 the warranty not to disturb Plaintiffs'uiet enjoyment and beneficial possession of the Subject
15 Property.
16 27. Defendants breached their duty to exercise reasonable care in the
17 ownership, operation, management, and control of the Subject Property, which
18 included, but was not limited to, the following: the duty to refrain from renting an
19 illegal unit, the failure to disclose that the unit was illegal, the duty to refrain from renting
20 a unit that lacked a certificate of occupancy, the duty to comply with all applicable state
21 and local laws governing Plaintiffs'ights, the duty to remediate mold from the Subject
22 Property during Plaintiffs'enancy, the duty to provide heat to the Subject Property during
23 Plaintiffs'enancy, the duty to remediate vermin from the Subject Property during
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Plaintiffs'enancy,
the duty to make repairs on the Subject Property, the duty not to interfere with
25 Plaintiffs'uiet enjoyment of the premises, the duty to make necessary repairs and
26 maintenance, and the duty to provide Plaintiffs a habitable unit, and Defendants thereby
27 interfered with the quiet enjoyment of Plaintiffs'enancy and Defendants breached the
28 implied warranty of quiet enjoyment.
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28. As a direct and proximate result of the breaches of the foregoing duties by
Defendants, Plaintiffs suffered general and special damages including in an amount
according to proof, and Plaintiffs were constructively evicting by Defendants from the illegal,
dangerous, and uninhabitable unit.
FOURTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Plaintiffs Against All Defendants and DOES 1-10)
29. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
each and every preceding Paragraph of this Complaint.
30. Defendants'cts of knowingly making the false representation to Plaintiffs that
10 the unit was legal as a residential dwelling, neglecting to perform necessary repairs and
maintenance, attempting to influence Plaintiffs to vacate the Subject Property through
12 intimidation and coercion in violation of Hayward Municipal Code, Sec. 12-1.12, knowingly
13 and illegally entered the Subject Premises repeatedly without prior notice to Plaintiffs in
14 violation of Cal. Civ. Code section 1954 when Plaintiffs were inside the Subject Premises
15 terrifying Plaintiffs for their safety, and constructively evicting Plaintiffs from the illegal,
16 dangerous, and uninhabitable unit are outrageous.
17 31. Defendants'aid acts were with reckless disregard of the probability that Plaintiffs
18 would suffer emotional distress as a result of said acts.
19 32. The acts of Defendants knowingly making the false representation to Plaintiffs
20 that the unit was legal as a residential dwelling, neglecting to perform necessary repairs and
21 maintenance, and constructively evicted Plaintiffs from the illegal, dangerous, and
22 uninhabitable unit were a substantial factor in causing Plaintiffs'evere emotional distress.
23 33. As a direct and proximate result of said acts by Defendants, Plaintiffs
24 suffered general and special damages, including, severe emotional distress, and as
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Defendants'ctions
were malicious, fraudulent, and oppressive and carried out with a conscious disregard of
26 Plaintiffs'ights, Plaintiffs pray for punitive damages pursuant to California Code of Civil
27 Procedure $ 3294.
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FIFTH CAUSE OF ACTION
BREACH OF CONTRACT
(Plaintiffs Against All Defendants and DOES 1-10)
34. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
each and every preceding Paragraph of this Complaint.
35. Plaintiffs took possession of the Subject Property pursuant to a contract with
Plaintiffs entered into with Defendants (hereinafter "Contract" ).
36. Pursuant to the Contract, Defendants were required to provide to Plaintiffs a legal
unit, perform necessary repairs and maintenance, provide Plaintiffs the Subject Property in a
non-dangerous condition, and provide Plaintiffs the Subject Property in a habitable condition.
10 37. Defendants breached this Contract by renting Plaintiffs an illegal unit, neglecting
to perform necessary repairs, and constructively evicting Plaintiffs from the illegal, dangerous,
12 and uninhabitable unit and said was a substantial factor in causing harm to Plaintiffs.
13 38. As a direct and proximate result of the foregoing failures and breaches by
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attorneys'ees
Defendants, Plaintiffs suffered general and special damages, and further pray for
and costs incurred pursuant to the Contract.
16 SIXTH CAUSE OF ACTION
BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING
17 (Plaintiffs Against All Defendants and DOES 1-10)
18 39. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
19 each and every preceding Paragraph of this Complaint.
20 40. Plaintiffs took possession of a unit in the Subject Property pursuant to the
21 Contract with Defendants.
22 41. Plaintiffs performed all of the material terms that the Contract with Defendants
23 required Plaintiffs to do.
24 42. All conditions required for Defendants'performance under the Contract with
25 Plaintiffs have occurred.
26 43. Defendants breached the Covenant of Good Faith and Fair Dealing in the
27 Contract when Defendants unfairly interfered with Plaintiffs'ight to receive the benefits of the
28 contract as Defendants knowingly making the false representation to Plaintiffs that the unit was
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legal as a residential dwelling, neglected to perform necessary repairs and maintenance,
provided Plaintiffs the Subject Property in a dangerous condition, and provided Plaintiffs the
Subject Property in a uninhabitable condition.
44. As a direct and proximate result of the foregoing failures and breaches by
attorneys'ees
Defendants, Plaintiffs suffered general and special damages, and further pray for
and costs incurred pursuant to the Contract.
SEVENTH CAUSE OF ACTION
PRIVATE NUISANCE
(Plaintiffs Against All Defendants and DOES 1-10)
54. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
10 each and every preceding Paragraph of this Complaint.
55. Plaintiffs took possession of a unit in the Subject Property pursuant to a
12 Contract with Defendants
13 56. Defendants created and permitted conditions to exist that were harmful to
14 Plaintiffs, offensive to Plaintiffs, obstructed Plaintiffs'se of property, and interfered with
15 Plaintiffs'njoyment of life and property by renting Plaintiffs an illegal unit, neglecting to
16 perform necessary repairs and maintenance, providing Plaintiffs the Subject Property in a
17 dangerous condition, attempting to influence Plaintiffs to vacate the Subject Property
through intimidation and coercion in violation of Hayward Municipal Code, Sec. 12-1.12,
19 and providing Plaintiffs the Subject Property in an uninhabitable condition.
20 57. Plaintiffs did not consent to Defendants'aid created and permitted conditions.
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Defendants'aid
58. An ordinary person would be reasonably annoyed and disturbed by
created and permitted conditions.
23 59. Defendants'aid created and permitted conditions were a substantial factor in
24 causing Plaintiffs'arm.
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Defendants'aid
60.
conduct.
The seriousness of Plaintiffs'arm outweighs the public benefit of
27 61. As a direct and proximate result of the breaches and the foregoing conduct
28 by Defendants, Plaintiffs suffered general and special damages, including, but not limited
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1 to severe emotional distress. and as Defendants'ctions were malicious, fraudulent, and
2 oppressive, and carried out with a conscious disregard of Plaintiffs'ights, Plaintiffs further pray
3 for punitive damages pursuant to California Code of Civil Procedure $ 3294 and Hassoldt v.
4 Patrick Media Group, Inc., (2000) 84 Cal. App. 4th 153.
NINETH CAUSE OF ACTION
VIOLATION OF HAYWARD MUNICIPAL CODE, SEC. 12-1.12
TENANT HARASSMENT
(Plaintiffs Against All Defendants and DOES 1-10)
62. Plaintiffs incorporate and re-allege, as though fully set forth in this count,
each and every preceding Paragraph of this Complaint.
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63. Plaintiffs'enancy was subject to the provisions of Hayward Municipal Code,
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Sec. 12-1.12, which prohibits a landlord or their agent from influencing or attempting to
influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion,
and prohibits a landlord or their agent from failing to perform repairs and maintenance
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required by contract or by State, County, or local housing, health, or safety laws, and
prohibits a landlord from wrongly evicting tenants. Defendants attempted to influence and
did influence Plaintiffs to vacate the Subject Property through intimidation and coercion,
failed to perform repairs and maintenance required by contract or by State, County, and
local housing, health and safety laws, and endeavored to recover possession of the Subject
1 9
Property without just cause for terminating Plaintiffs 'enancy. Substantial defective
conditions existed at the Subject Property during Plaintiffs'enancy which constitute
violations of applicable housing laws and Defendants committed numerous habitability
violations on the Subject Property including, but not limited to, substantial defective,
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dangerous, unsafe, and uninhabitable conditions existed at the Subject Property during
Plaintiffs'enancy which constitute violations of applicable housing laws, including but
not limited to, Defendants knowingly committed numerous habitability violations on the
Subject Property as per violations issued to Defendants by the City of Hayward Building
Inspection, Defendants knowingly and illegally entered the Subject Premises repeatedly
without prior notice to Plaintiffs in violation of Cal. Civ. Code section 1954 when Plaintiffs
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were inside the Subject Premises terrifying Plaintiffs for their safety, and Defendants
attempted to influence Plaintiffs to vacate the Subject Property through intimidation and
coercion in violation of Hayward Municipal Code, Sec. 12-1.12,
64. Each of Defendants acts and omissions constitute violations of Hayward
Municipal Code, Sec. 12-1.12, and Defendants acted in knowing violation and with reckless
disregard of the protections for Plaintiffs contained in Hayward Municipal Code, Sec. 12-
1.12.
64. As a direct and proximate result of the breaches and the foregoing conduct
by Defendants, Plaintiffs suffered general and special damages, and as Defendants'ctions
10 were malicious, fraudulent, and oppressive, and carried out with a conscious disregard of
Plaintiffs'ights, Plaintiffs further pray for treble damages and attorneys fees, and pursuant to
12 Hayward Municipal Code, Sec. 12-1.12.
13 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as
14 follows:
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1. For all Causes of Action, compensatory damages in an amount to be
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determined and according to proof at the trial of this action;
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2. For all Causes of Action, general damages in an amount to be determined and
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according to proof at the trial of this action;
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3. For all Causes of Action, special damages in an amount to be determined and
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according to proof at the trial of this action;
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4. For the Causes of Action of Breach of Contract and Breach of the Covenant of
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Good Faith and Fair Dealing, attorneys'ees and costs incurred pursuant to the Contract and
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California Civil Code g 1717;
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5. For the Causes of Action for Intentional Infliction of Emotional Distress, and
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Private Nuisance, punitive damages pursuant to California Code of Civil Procedure $ 3294;
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7. For the Cause of Action of Violation of Hayward Municipal Code, Sec. 12-1.12,
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attorneys'ees and costs incurred pursuant to Hayward Municipal Code, Sec. 12-1.12
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PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL
8. For the Cause of Action of Violation of Hayward Municipal Code, Sec. 12-1.12,
treble damages pursuant to Hayward Municipal Code, Sec. 12-1.12;
9. For pre-judgment interest on all sums awarded, at the maximum legal
rate;
10. For costs of suit herein occurred; and
11. For such other and further relief as the Court may deem proper.
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a jury trial in this case.
May 5, 2024 THE LAW OFFICES OF THOMAS W. J. PURTELL
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THOMAS W.. PURTELL
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SARA BUNGATO, an individual; and
13 EUGENE PEREVERZEV, an individual
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THOMAS W. J. PURTELL, ESQ. (SBN 229961) THE LAW OFFICES OF THOMAS W. J. PURTELL 534 Pacific Ave., Suite 200 San Francisco, CA 94133 Telephone: (415) 722-6291 Facsimile: (415) 834-5591 Email: tpurtell@thomaswjpurtell-law.corn ANTHONY CHIOSSO, ESQ. (SBN 209014) CHIOSSO LAW OFFICES 50 California St. 15th Floor San Francisco, CA 94111 Telephone: (415) 964-1321 Facsimile: (415) 358-4315 Email: tony@chiossolaw.corn Attorneys for Plaintiffs, 10 SARA BUNGATO, an individual; and EUGENE PEREVERZEV, an individual SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF ALAMEDA 13 SARA BUNGATO, an individual; and ) Case No.: 14 EUGENE PEREVERZEV, an individual ) ) PLAINTIFFS'OMPLAINT FOR: 15 ) ) (1) NEGLIGENCE; 16 Plaintiffs, ) (2) BREACH OF THE IMPLIED ) WARRANTY OF HABITABILITY; 17 vs. ) (3) BREACH OF THE IMPLIED ) WARRANTY OF QUIET ENJOYMENT; 18 RAMENDRA SINGH, an individual; ) (4) INTENTIONAL INFLICTION OF SUMAN SINGH, an individual; and ) EMOTIONAL DISTRESS; 19 DOES 1 to 10, inclusive, ) (5) BREACH OF CONTRACT; ) (6) BREACH OF THE COVENANT OF 20 ) GOOD FAITH AND FAIR DEALING; Defendants. ) (7) PRIVATE NUISANCE; and 21 ) (8) VIOLATION OF HAYWARD ) MUNICIPAL CODE, SEC. 12-1.12— 22 ) TENANT HARASSMENT ) 23 DEMAND FOR JURY TRIAL 25 COMES NOW Plaintiffs SARA BUNGATO, an individual, and EUGENE 26 PEREVERZEV, an individual, to submit the following Complaint based upon information and 27 belief as follows: 28 PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL PARTIES 1. Plaintiff SARA BUNGATO, an individual, is an adult individual at all relevant times herein residing in the City of Hayward, County of Alameda, State of California. 2. Plaintiff EUGENE PEREVERZEV, an individual, is an adult individual and landlord doing business in the City of Hayward, County of Alameda, State of California. 3. Defendant RAMENDRA SINGH, an individual, and is an adult individual, landlord, and property manager doing business in the City of Hayward, County of Hayward, State of California. 4. Defendant SUMAN SINGH, an individual, and is an adult individual, landlord, 10 and property manager doing business in the City of Hayward, County of Hayward, State of California. 12 5. At all times herein, Plaintiffs SARA BUNGATO, an individual; and EUGENE 13 PEREVERZEV, an individual, may be referred to as "Plaintiffs." 14 6. At all times herein, Defendants RAMENDRA SINGH, an individual, and 15 SUMAN SINGH, an individual, and DOES 1 to 10 may be collectively referred to as 16 "Defendants." 17 7. The true names and capacities, whether individual, corporate, associate, or 18 otherwise, of the Defendants named herein as DOES 1 through DOES 10 are unknown to 19 Plaintiffs at this time. Plaintiffs sue the Defendant DOES by such fictitious names pursuant to 20 California Code of Civil Procedure $ 474, and will amend this Complaint to show their true 21 names and capacities when the same have been ascertained. Plaintiffs are informed and believe, 22 and based on such information and belief allege, that each of the Defendant DOES are legally 23 responsible in some manner for the events and happenings referred to in this Complaint and/or 24 also unlawfully caused the damages to Plaintiffs as alleged herein. 25 8. Plaintiffs are further informed and believes, and based on such information and 26 belief alleges, that at all times pled in this Complaint, Defendants, and each of them, were the 27 agents and/or employees of the other, and in doing the things alleged herein, Defendants were 28 acting within the course and scope of their agency and/or employment. -2- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL VENUE AND JURISDICTION 9. Venue in this Court is proper as the injuries and damages to Plaintiffs occurred in the City of Hayward, County of Alameda, State of California. 10. Jurisdiction in this Court is proper as the amount in controversy is in excess of the statutory requirements of this Court. GENERAL ALLEGATIONS 11. Plaintiffs were residential tenants at 25654 Franklin Ave, Hayward, California 94544 (hereinafter "Subject Property" ) from September 6, 2018, until February 27, 2024, when 10 Plaintiffs were constructively evicted from the Subject Property, which contains an uninhabitable and dangerous illegal unit in Hayward, CA. 12 12. At all times herein, Defendants RAMENDRA SINGH, an individual, and 13 SUMAN SINGH, an individual, and DOES 1 to 10 owned, managed, maintained, and controlled 14 the Subject Property. 15 13. Plaintiffs took possession of a unit in the Subject Property pursuant to a 16 contract with Defendants. 17 14. At all times herein, a landlord-tenant relationship existed between Plaintiffs and 18 Defendants. 19 15. Defendants are liable for renting the Subject Property to Plaintiffs with full 20 knowledge of its illegality and un-habitability, and the harm that Plaintiffs suffered as a 21 result. 22 16. Substantial defective conditions existed at the Subject Property during 23 Plaintiffs'enancy which constitute violations of applicable housing laws, including but 24 not limited to, violations of the City of Hayward Building Code for which Defendants 25 received notices of violation from the City of Hayward Building Inspection that the unit 26 was illegal, dangerous, and uninhabitable and illegal and dangerous electrical work was 27 performed without permits and illegal and dangerous plumbing and electrical work was 28 performed without permits in the illegal unit and Defendants knowingly and negligently PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL exposed Plaintiffs to unsafe, illegal, and severe levels of mold, Defendants knowingly and negligently refused to remediate mold from the Subject Property during Plaintiffs'enancy, Defendants knowingly and negligently failed to provide heat to the Subject Property during Plaintiffs'enancy, Defendants knowingly and negligently refused to provide heat that conformed v ith applicable law and adequately maintained in working order, Defendants knowingly and negligently refused to provide electrical components in v'orking order, Defendants knowingly and negligently failed to provide appliances that conformed with applicable lav'nd adequately maintained in working order. Defendants knowingly and negligently refused to remediate vermin from the Subject Property during Plaintiffs'enancy, 10 Defendants knowingly and illegally entered the Subject Premises repeatedly without prior notice to Plaintiffs in violation of Cal. Civ. Code section 1954 when Plaintiffs were inside 12 the Subject Premises terrifying Plaintiffs for their safety, Defendants knowingly and 13 negligently failed to make repairs on the Subject Property, Defendants harassed Plaintiffs by 14 attempting to influence Plaintiffs to vacate the Subject Property through intimidation and 15 coercion in violation of Hayward Municipal Code, Sec. 12-1.12, Defendants permitted the 16 Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith 17 causing Plaintiffs severe harm, including, but not limited to, general and special damages, loss 18 of use of property, property damage, emotional distress and bodily injury, and Defendants 19 constructively evicted Plaintiffs from the illegal, unsafe, dangerous, and uninhabitable unit. 20 FIRST CAUSE OF ACTION NEGLIGENCE 21 (Plaintiffs Against All Defendants and DOES 1-10) 22 17. Plaintiffs incorporate and re-allege, as though fully set forth in this count, 23 each and every preceding Paragraph of this Complaint. 24 18. Defendants owed Plaintiffs a duty of reasonable and due care to exercise 25 reasonable care in the ownership, operation, management, maintenance, and control 26 of the Subject Property. 27 19. Defendants breached their duty to exercise reasonable care in the ownership, operation, management, and control of the Subject Property, which -4- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL included, but was not limited to, the following: the duty to refrain from renting an illegal unit, the failure to disclose that the unit was illegal, the duty to refrain from renting a unit that lacked a certificate of occupancy, the duty to comply with all applicable state and local laws governing Plaintiffs'ights, the duty to remediate mold from the Subject Property during Plaintiffs'enancy, the duty to provide heat to the Subject Property during Plaintiffs'enancy, the duty to remediate vermin from the Subject Property during Plaintiffs'enancy, the duty to make repairs on the Subject Property, the duty not to interfere with Plaintiffs'uiet enjoyment of the premises, the duty to make necessary repairs and maintenance, and the duty to provide Plaintiffs a habitable unit. 10 20. As a direct and proximate result of the breaches of the foregoing duties by Defendants, Plaintiffs suffered general and special damages including in an amount 12 according to proof, and Plaintiffs were constructively evicted by Defendants from the illegal, 13 dangerous, and uninhabitable unit. 14 SECOND CAUSE OF ACTION BREACH OF THE IMPLIED WARRANTY OF HABITABILITY 15 (Plaintiffs Against All Defendants and DOES 1-10) 16 21. Plaintiffs incorporate and re-allege, as though fully set forth in this count, 17 each and every preceding Paragraph of this Complaint. 18 22. In renting the Subject Property to Plaintiffs, Defendants impliedly undertook the 19 warranty that the Subject Property was in a habitable condition. 20 23. Defendants breached their duty to exercise reasonable care in the 21 ownership, operation, management, and control of the Subject Property, which 22 included, but was not limited to, the following: the duty to refrain from renting an 23 illegal unit, the failure to disclose that the unit was illegal, the duty to refrain from renting 24 a unit that lacked a certificate of occupancy, the duty to comply with all applicable state 25 and local laws governing Plaintiffs'ights, the duty to remediate mold from the Subject 26 Property during Plaintiffs'enancy, the duty to provide heat to the Subject Property during 27 Plaintiffs'enancy, the duty to remediate vermin from the Subject Property during Plaintiffs'enancy, the duty to make repairs on the Subject Property, the duty not to interfere with -5- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL Plaintiffs'uiet enjoyment of the premises, the duty to make necessary repairs and maintenance, and the duty to provide Plaintiffs a habitable unit, and Defendants thereby interfered with the habitability of Plaintiffs'enancy and Defendants breached the implied warranty of habitability. 24. As a direct and proximate result of the breaches of the foregoing duties by Defendants, Plaintiffs suffered general and special damages including in an amount according to proof, and Plaintiffs were constructively evicted by Defendants from the illegal, dangerous, and uninhabitable unit. THIRD CAUSE OF ACTION BREACH OF THE IMPLIED WARRANTY OF QUIET ENJOYMENT 10 (Plaintiffs Against All Defendants and DOES 1-10) 25. Plaintiffs incorporate and re-allege, as though fully set forth in this count, 12 each and every preceding Paragraph of this Complaint. 13 26. In renting the Subject Property to the Plaintiffs, Defendants impliedly undertook 14 the warranty not to disturb Plaintiffs'uiet enjoyment and beneficial possession of the Subject 15 Property. 16 27. Defendants breached their duty to exercise reasonable care in the 17 ownership, operation, management, and control of the Subject Property, which 18 included, but was not limited to, the following: the duty to refrain from renting an 19 illegal unit, the failure to disclose that the unit was illegal, the duty to refrain from renting 20 a unit that lacked a certificate of occupancy, the duty to comply with all applicable state 21 and local laws governing Plaintiffs'ights, the duty to remediate mold from the Subject 22 Property during Plaintiffs'enancy, the duty to provide heat to the Subject Property during 23 Plaintiffs'enancy, the duty to remediate vermin from the Subject Property during 24 Plaintiffs'enancy, the duty to make repairs on the Subject Property, the duty not to interfere with 25 Plaintiffs'uiet enjoyment of the premises, the duty to make necessary repairs and 26 maintenance, and the duty to provide Plaintiffs a habitable unit, and Defendants thereby 27 interfered with the quiet enjoyment of Plaintiffs'enancy and Defendants breached the 28 implied warranty of quiet enjoyment. -6- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL 28. As a direct and proximate result of the breaches of the foregoing duties by Defendants, Plaintiffs suffered general and special damages including in an amount according to proof, and Plaintiffs were constructively evicting by Defendants from the illegal, dangerous, and uninhabitable unit. FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Plaintiffs Against All Defendants and DOES 1-10) 29. Plaintiffs incorporate and re-allege, as though fully set forth in this count, each and every preceding Paragraph of this Complaint. 30. Defendants'cts of knowingly making the false representation to Plaintiffs that 10 the unit was legal as a residential dwelling, neglecting to perform necessary repairs and maintenance, attempting to influence Plaintiffs to vacate the Subject Property through 12 intimidation and coercion in violation of Hayward Municipal Code, Sec. 12-1.12, knowingly 13 and illegally entered the Subject Premises repeatedly without prior notice to Plaintiffs in 14 violation of Cal. Civ. Code section 1954 when Plaintiffs were inside the Subject Premises 15 terrifying Plaintiffs for their safety, and constructively evicting Plaintiffs from the illegal, 16 dangerous, and uninhabitable unit are outrageous. 17 31. Defendants'aid acts were with reckless disregard of the probability that Plaintiffs 18 would suffer emotional distress as a result of said acts. 19 32. The acts of Defendants knowingly making the false representation to Plaintiffs 20 that the unit was legal as a residential dwelling, neglecting to perform necessary repairs and 21 maintenance, and constructively evicted Plaintiffs from the illegal, dangerous, and 22 uninhabitable unit were a substantial factor in causing Plaintiffs'evere emotional distress. 23 33. As a direct and proximate result of said acts by Defendants, Plaintiffs 24 suffered general and special damages, including, severe emotional distress, and as 25 Defendants'ctions were malicious, fraudulent, and oppressive and carried out with a conscious disregard of 26 Plaintiffs'ights, Plaintiffs pray for punitive damages pursuant to California Code of Civil 27 Procedure $ 3294. 28 -7- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL FIFTH CAUSE OF ACTION BREACH OF CONTRACT (Plaintiffs Against All Defendants and DOES 1-10) 34. Plaintiffs incorporate and re-allege, as though fully set forth in this count, each and every preceding Paragraph of this Complaint. 35. Plaintiffs took possession of the Subject Property pursuant to a contract with Plaintiffs entered into with Defendants (hereinafter "Contract" ). 36. Pursuant to the Contract, Defendants were required to provide to Plaintiffs a legal unit, perform necessary repairs and maintenance, provide Plaintiffs the Subject Property in a non-dangerous condition, and provide Plaintiffs the Subject Property in a habitable condition. 10 37. Defendants breached this Contract by renting Plaintiffs an illegal unit, neglecting to perform necessary repairs, and constructively evicting Plaintiffs from the illegal, dangerous, 12 and uninhabitable unit and said was a substantial factor in causing harm to Plaintiffs. 13 38. As a direct and proximate result of the foregoing failures and breaches by 14 15 attorneys'ees Defendants, Plaintiffs suffered general and special damages, and further pray for and costs incurred pursuant to the Contract. 16 SIXTH CAUSE OF ACTION BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING 17 (Plaintiffs Against All Defendants and DOES 1-10) 18 39. Plaintiffs incorporate and re-allege, as though fully set forth in this count, 19 each and every preceding Paragraph of this Complaint. 20 40. Plaintiffs took possession of a unit in the Subject Property pursuant to the 21 Contract with Defendants. 22 41. Plaintiffs performed all of the material terms that the Contract with Defendants 23 required Plaintiffs to do. 24 42. All conditions required for Defendants'performance under the Contract with 25 Plaintiffs have occurred. 26 43. Defendants breached the Covenant of Good Faith and Fair Dealing in the 27 Contract when Defendants unfairly interfered with Plaintiffs'ight to receive the benefits of the 28 contract as Defendants knowingly making the false representation to Plaintiffs that the unit was -8- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL legal as a residential dwelling, neglected to perform necessary repairs and maintenance, provided Plaintiffs the Subject Property in a dangerous condition, and provided Plaintiffs the Subject Property in a uninhabitable condition. 44. As a direct and proximate result of the foregoing failures and breaches by attorneys'ees Defendants, Plaintiffs suffered general and special damages, and further pray for and costs incurred pursuant to the Contract. SEVENTH CAUSE OF ACTION PRIVATE NUISANCE (Plaintiffs Against All Defendants and DOES 1-10) 54. Plaintiffs incorporate and re-allege, as though fully set forth in this count, 10 each and every preceding Paragraph of this Complaint. 55. Plaintiffs took possession of a unit in the Subject Property pursuant to a 12 Contract with Defendants 13 56. Defendants created and permitted conditions to exist that were harmful to 14 Plaintiffs, offensive to Plaintiffs, obstructed Plaintiffs'se of property, and interfered with 15 Plaintiffs'njoyment of life and property by renting Plaintiffs an illegal unit, neglecting to 16 perform necessary repairs and maintenance, providing Plaintiffs the Subject Property in a 17 dangerous condition, attempting to influence Plaintiffs to vacate the Subject Property through intimidation and coercion in violation of Hayward Municipal Code, Sec. 12-1.12, 19 and providing Plaintiffs the Subject Property in an uninhabitable condition. 20 57. Plaintiffs did not consent to Defendants'aid created and permitted conditions. 21 22 Defendants'aid 58. An ordinary person would be reasonably annoyed and disturbed by created and permitted conditions. 23 59. Defendants'aid created and permitted conditions were a substantial factor in 24 causing Plaintiffs'arm. 25 26 Defendants'aid 60. conduct. The seriousness of Plaintiffs'arm outweighs the public benefit of 27 61. As a direct and proximate result of the breaches and the foregoing conduct 28 by Defendants, Plaintiffs suffered general and special damages, including, but not limited -9- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL 1 to severe emotional distress. and as Defendants'ctions were malicious, fraudulent, and 2 oppressive, and carried out with a conscious disregard of Plaintiffs'ights, Plaintiffs further pray 3 for punitive damages pursuant to California Code of Civil Procedure $ 3294 and Hassoldt v. 4 Patrick Media Group, Inc., (2000) 84 Cal. App. 4th 153. NINETH CAUSE OF ACTION VIOLATION OF HAYWARD MUNICIPAL CODE, SEC. 12-1.12 TENANT HARASSMENT (Plaintiffs Against All Defendants and DOES 1-10) 62. Plaintiffs incorporate and re-allege, as though fully set forth in this count, each and every preceding Paragraph of this Complaint. 9 63. Plaintiffs'enancy was subject to the provisions of Hayward Municipal Code, 10 Sec. 12-1.12, which prohibits a landlord or their agent from influencing or attempting to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion, and prohibits a landlord or their agent from failing to perform repairs and maintenance 3 14 required by contract or by State, County, or local housing, health, or safety laws, and prohibits a landlord from wrongly evicting tenants. Defendants attempted to influence and did influence Plaintiffs to vacate the Subject Property through intimidation and coercion, failed to perform repairs and maintenance required by contract or by State, County, and local housing, health and safety laws, and endeavored to recover possession of the Subject 1 9 Property without just cause for terminating Plaintiffs 'enancy. Substantial defective conditions existed at the Subject Property during Plaintiffs'enancy which constitute violations of applicable housing laws and Defendants committed numerous habitability violations on the Subject Property including, but not limited to, substantial defective, 23 dangerous, unsafe, and uninhabitable conditions existed at the Subject Property during Plaintiffs'enancy which constitute violations of applicable housing laws, including but not limited to, Defendants knowingly committed numerous habitability violations on the Subject Property as per violations issued to Defendants by the City of Hayward Building Inspection, Defendants knowingly and illegally entered the Subject Premises repeatedly without prior notice to Plaintiffs in violation of Cal. Civ. Code section 1954 when Plaintiffs 28 - 10- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL were inside the Subject Premises terrifying Plaintiffs for their safety, and Defendants attempted to influence Plaintiffs to vacate the Subject Property through intimidation and coercion in violation of Hayward Municipal Code, Sec. 12-1.12, 64. Each of Defendants acts and omissions constitute violations of Hayward Municipal Code, Sec. 12-1.12, and Defendants acted in knowing violation and with reckless disregard of the protections for Plaintiffs contained in Hayward Municipal Code, Sec. 12- 1.12. 64. As a direct and proximate result of the breaches and the foregoing conduct by Defendants, Plaintiffs suffered general and special damages, and as Defendants'ctions 10 were malicious, fraudulent, and oppressive, and carried out with a conscious disregard of Plaintiffs'ights, Plaintiffs further pray for treble damages and attorneys fees, and pursuant to 12 Hayward Municipal Code, Sec. 12-1.12. 13 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as 14 follows: 15 1. For all Causes of Action, compensatory damages in an amount to be 16 determined and according to proof at the trial of this action; 17 2. For all Causes of Action, general damages in an amount to be determined and 18 according to proof at the trial of this action; 19 3. For all Causes of Action, special damages in an amount to be determined and 20 according to proof at the trial of this action; 21 4. For the Causes of Action of Breach of Contract and Breach of the Covenant of 22 Good Faith and Fair Dealing, attorneys'ees and costs incurred pursuant to the Contract and 23 California Civil Code g 1717; 24 5. For the Causes of Action for Intentional Infliction of Emotional Distress, and 25 Private Nuisance, punitive damages pursuant to California Code of Civil Procedure $ 3294; 26 7. For the Cause of Action of Violation of Hayward Municipal Code, Sec. 12-1.12, 27 attorneys'ees and costs incurred pursuant to Hayward Municipal Code, Sec. 12-1.12 28 PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL 8. For the Cause of Action of Violation of Hayward Municipal Code, Sec. 12-1.12, treble damages pursuant to Hayward Municipal Code, Sec. 12-1.12; 9. For pre-judgment interest on all sums awarded, at the maximum legal rate; 10. For costs of suit herein occurred; and 11. For such other and further relief as the Court may deem proper. DEMAND FOR JURY TRIAL Plaintiffs hereby demand a jury trial in this case. May 5, 2024 THE LAW OFFICES OF THOMAS W. J. PURTELL 10 THOMAS W.. PURTELL 12 Attorney for Plaintiffs SARA BUNGATO, an individual; and 13 EUGENE PEREVERZEV, an individual 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - IZ- PLAINTIFFS'OMPLAINT AND DEMAND FOR JURY TRIAL