Complaint,Petition: KIM KONAMI VS. ARYAN DAVANI ET AL

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                                John A. Kithas (State Bar No. 64284)
Chris Land (State Bar No. 238261)
LAW OFFICES OF JOHN A. KITHAS
One Embarcadero Center, Suite 1020
San Francisco, CA 94111

Telephone: 415-788-8100

Facsimile: 415-788-8001

Attorneys for Defendant Annika Rodriguez

ELECTRONICALLY

FILED

Superior Court of California,
County of San Francisco

11/02/2018
Clerk of the Court
BY: VANESSA WU
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION

KIM KONAMI

Plaintiff,

vs.
ARYAN DAVANI, GEORGE KONTRIDZE,
DANIEL C. METZ, TAMARA VAN WYK,
KEVIN F. DUNNELL, ANNIKA NILSEN,
and DOES 1 through 25,

Defendants.

Case No. CGC-15-548211

REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANT ANNIKA
RODRIGUEZ’S MOTION FOR JUDGMENT
ON THE PLEADINGS WITH RESPECT TO
PLAINTIFF’S VERIFIED FIRST AMENDED
COMPLAINT

Hearing Date: November 27, 2018
Hearing Time: 9:30
Department: 501

First Amended Complaint filed: January 16, 2018
Trial Date: December 3, 2018

Defendant Annika (Nilsen) Rodriguez hereby requests pursuant to Evidence Code § 452, et

seq, that the Court take judicial notice of the following:

EXHIBIT A: Attached as Exhibit A to this Request is a true and correct copy of Plaintiffs
Verified First Amended Complaint filed on January 16, 2018 in the above-entitled matter.
EXHIBIT B: Attached as Exhibit B to this Request is a true and correct copy of Plaintiff's

Complaint, filed on August 21, 2013, in the action entitled Konami v. Yee, San Francisco Superior

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION OF DEFENDANT ANNIKA RODRIGUEZ FOR
JUDGMENT ON THE PLEADINGS WITH RESPECT TO PLAINTIFF’S VERIFIED FIRST AMENDED COMPLAINT
Page - 1 -27

28

Court, Case No. CGC-13-533676. In the action attached hereto as Exhibit B, the Plaintiff was Neal
Konami, the attorney for and husband of Plaintiff in the matters, Konami v. Davani, San Francisco

Superior Court, Case No. CGC-15-548211, and the cases share many of the same Defendants.

Dated: November 2, 2018 LAW OFFICES OF JOHN A. KITHAS
Attorneys for Defendant Annika (Nilsen) Rodriguez.

CAs OC )see

By J ohfA. Kithas

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION OF DEFENDANT ANNIKA RODRIGUEZ FOR,
JUDGMENT ON THE PLEADINGS WITH RESPECT TO PLAINTIFFS VERIFIED FIRST AMENDED COMPLAINT
Page -2-EXHIBIT APLD-C-001

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stofo Bar number. and address): FOR COURT USE OMLY
Neal H. Konami (SBN 111730)
1050 Hyde Street

San Francisco, CA 94109-4917

ELECTRONICALLY

TELEPHONE NO: (415) 274-0956 FAX NO. (Options
E-MAIL ADORESS (Opiona): nhk111730@sbeglobal.net FILED
ATTORNEY FOR (Name): Kim Konami Superior Court of California,
‘SUPERIOR COURT OF CALIFORNIA, GOUNTY OF SAN FRANCISCO. County of San Francisco
STREET ADDRESS: 400 McAllister Street 01/16/2018
MAILING ADDRESS: Clerk of the Court

BY:ANNA TORRES

city ANOZiP CODE: San Francisco, CA 94102-4512 Deputy Clerk

sRancH name: Main Courthouse
PLAINTIFF: KIM KONAMI

DEFENDANT: ARYAN DAVANI, GEORGE KONTRIDZE, DANIEL C, METZ, TAMRA VAN
WYK, KEVIN F, DUNNELL, ANNIKA NILSEN and
DOES 1 TO_25

CONTRACT
[=] comecaint AMENDED COMPLAINT (Number):

“FIRST AMENDED" VERIFIED COMPLAINT
CJeross-comp.ainr [_] AMENDED CROSS-COMPLAINT (Numbed):

Jurisdiction (check all that apply):
[=] ACTION IS A LIMITED CIVIL CASE
Amount demanded [___] does not exceed $10,000 CGC-15-548211
exceeds $10,000 but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
(£2) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
(J from timited to unlimited
[Jfrom untimited to limited

1. Plaintiff (name or names):
Kim Konami

alleges causes of action against defendant™ (name or names):
[Aryan Davani et al |

2. This pleading, including attachments and exhibits. consists of the following number of pages: 39
a. Each plaintiff named above is a competent adult
CJexcept plaintiff name)
(4) [Ja corporation qualified to do business in California
(2) [Jan unincorporated entity (describe):
(3) [_Jother (specify):

CASE NUMBER.

b. (]Plaintift (name)
a. [__]has complied with the fictitious business name laws and is doing business under the fictitious name (specify):

b. [7] has complied with all licensing requirements as a licensed (specify):
cc. [] 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): Zelda Mgmt., Inc. except defendant (name): Davani Marble Inc.

(1) [Ja business organization, form unknown (1) [7] a business organization, form unknown

(2) [Ja corporation (2) CZ] a corporation

(3) C¥_J.an unincorporated entity (desoribe): (3) [__] an unincorporated entity (describe):

Real Estate Property Management Entity 7
(4) [[7] a public entity (describe): (4) [7] a public entity (describe):
(5) [TJother (specify): (5) [CTJother (specify)
* ihthas form is used 8s 8 cross-complaint. plaintiff means cross-complainant and defendant means cruss-detendent, Page tot 2

Fae Cea oemete COMPLAINT—Contract Cote of Cv Procoehre, § 26:42

PLD-C.001 (Rev. January 3, 2007)PLD-C-004

SHORT TITLE: ‘CASE NUMBER:
Kim Konami vs. Aryan Davani et al CGC+15-548211
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) (2) 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): 1 to 25 are persons whose capacities are unknown to
plaintiff.

c. [7] Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. [2] Defendants who are joined under Code of Civil Procedure section 382 are (names):

5. [J Plaintiffis required to comply with a claims statute, and
a. [[] has complied with applicable claims statutes, or
b. [1] is excused from complying because (specify):

6. [2] This action is subjectto [1] civil Code section 1812.10 [1] civil Code section 2984.4
7. This court is the proper court because
a a defendant entered into the contract here.
b. [4] a defendant lived here when the contract was entered into.
6 a defendant lives here now.
d the contract was to be performed here.
@. a defendant is a corporation or unincorporated association and its principal place of business is here.
real property that is the subject of this action is located here.
9. [7] 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):

£21 Breach of Contract

[21 Common Counts

Other (specify)

Unjust Enrichment, Fraud, Intentional Tort, Unfair Comp., Premises Liability, Willful Negligence, etc.
Other allegations:

"Conspiracy" to harass and evict Plaintiff, and violate SF Rent Ordinance, Bus.&Tax Regs., Health,
Planning, Fire, Building, Public Works, Police Codes, and California Civil and Bus. & Prof. Codes, etc.

Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a damages of. $ Undisclosed.
interest on the damages
(1) [2] according to proof
at the rate of (specify): 10 percent per year from (date): September 14, 2012
c attorney's fees
(1) EZ] of: $

according to proof.

d. [2] other (specify):

Treble Damages, Declaratory Relief, Permanent Injunction, Punitives, Attorney's Fees & Costs, etc.

14. [7] The paragraphs of this pieading alleged on information and belief are as follows (specify paragraph numbers):

1

3

Date: January /G, 2018

Neal H. Konami, Esq. (SBN _ 111730) > L —— a

(TYPE OR PRINT NAME) Ca SIGNATURE GF PLAIN NPP OR RTTORNEY)
(if you wish fo verify this pleading, affix a verification)
PUDCOOT Rev danuary 1.2607) COMPLAINT—Contract Pageaot2PLD-C-001(1)

SHORT TITLE:

CASE NUMBER,

Konami vs, Davani CGC-15-548211

FIRST CAUSE OF ACTION—Breach of Contract

(unten,

ATTACHMENT TO Complaint. [1 cross - Complaint
(Use @ separate cause of action form for each cause of action.)

BC-1.

BC-2.

BC-3.

BC-4,

BC-5.

BCS.

Plaintiff (name): Kim Konami

alleges that on or about (date): September 15, 2012

a written [——] oral [7] other (specify):
agreement was made between (name parties to agreement):
Defendant Aryan Davani and Landlords for 1040-1050 Hyde Street. (3rd Party Beneficiary)
A copy of the agreement is attached as Exhibit A, or

[£2] The essential terms of the agreement [__] are stated in Attachment BC-1

are as follows (specify).

Essential, material and "unwaivable" terms of Lease require that 1) any request to sublet must
come in writing from Master Tenant before prospective Subtenant takes occupancy of the
Premises; & 2) compliance with House, Garbage & Pest Rules regarding noise, bad behavior,
guests, pets, rooftop & fire escape, common areas, etc.

On or about (dates): September 15, 2012 to Present,
defendant breached the agreement by the acts spacified in Attachment BC-2  [__] the following acts
(specify):

See: Pages 4 through 6 of this First Amended Complaint.

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

Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement

[1 as stated in Attachment BC-4 as follows (specify):

Prolonged sleep deprivation, physical & emotional distress, intentional harassment, etc., all
intended to harass Plaintiff and her family from their longtime rent-controlled dwelling.

Plaintiff is entitled to attorney fees by an agreement or a statute

Col os

LZ) according to proof.
Other:
1) Injunctions pursuant to Rent Ord. sec. 37.10B(c)(4), B&P Code sections 17203 & 17204, and
CCP section 382; 2) Attorney's fees per sections 37.9(f) & 37.10B(c)(5), B&P sections 17200 et
seq, and CCP section 1021.5; 3) Accounting for Unjust Enrichment & Restitution; 4)
Declaratory Relief; 5) Punitive Damages per Civil Code section 3294, and as specifically
authorized by section 37.10B(c)(5); and 6) Any other Damages per "Tort of Another” Doctrine.

Page 3
Page tots

Co Ae Cee CAUSE OF ACTION—Breach of Contract ote Ct racy § 2512

PLO-C-O01(1) [Rev January 9, 2007]KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“fIRST AMENDED” COMPLAINT
FIRST CAUSE OF ACTION - Breach of Contract (Form PLD-C-001(1))
“Attachment BC-2”
Page 4

1, Even before Defendant ARYAN DAVANI (“ARYAN”) fraudulently signed his 1048
Hyde Street Lease on September 14, 2012, he was already planning to convert his rent-controlled
single-family dwelling into an unlicensed Lodging House, that would later evolve into a full-time
short term rental unit advertised and marketed using Airbnb, and other Internet subletting

websites.

2. Soon after, ARYAN also illegally sublet to his younger brother, Arzays Davani, and

his girlfriend, Tuliia Sirakova, who created their own ongoing late night disturbances and other
acts of intentional harassment. And on December 19, 2013, Arzays and Sirakova (including
ARYAN as an undisclosed owner/shareholder) started an illegal subletting and short term rental
business using “1048 HYDE STREET, SAN FRANCISCO, CA 94109” as the entity address for

their newly formed California-based corporation, DAVANI MARBLE INC. (or “DMI”).

3. Co-Defendant and Landlord, JAYNE YEE (“JAYNE”), purchased “1040-1050

HYDE STREET” on June 11, 2013, assuming all of the legal rights and obligations as Plaintiff's
new landlord via purchase contract substitution. In turn, Plaintiff is a “third party beneficiary” of
the 1048 Hyde Street Lease which specifically prohibits ARYAN from substantially interfering

with the “comfort, safety, or enjoyment of Owner and/or other occupants of the Building or their

guests or invitees.”

4. Plaintiff alleges that JAYNE is an illegal landlord who with aid of her adult children,
property managers, attorneys, and Co-Defendants CAROL L. YEE (“CAROL”) and DAVID

SHAWN YEE (“SHAWN”) have attempted to bully, mislead, defraud and evict Plaintiff through

FIRST CAUSE OF ACTION - Breach of Contract
PLD-C-001(1), Attachment BC-2
(Case No. CGC-15-548211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
FIRST CAUSE OF ACTION - Breach of Contract (Form PLD-C-001(1))
“Attachment BC-2”
Page 5

a relentless and ongoing campaign of reduction or denial of essential landlord services. And this
lawsuit was triggered by the final straw, which was JAYNE’S consent and enabling of
ARYAN’S and DMP’S conversion of 1048 Hyde Street into an illegal Lodging House and

Airbnb short-term rental.

5. In aggravation, Plaintiff further alleges that Co-Defendant ZELDA MANAGEMENT,

INC.(‘ZELDA”) is an unregistered fictitious business name and the unincorporated association
formed by CAROL to manage JAYNE’s unregistered and unlicensed San Francisco apartment
buildings. Plaintiff alleges that CAROL and SHAWN have conspired with, aided and enabled
JAYNE by intentionally failing to enforce any of the required subleasing procedures, thereby
allowing the conversion of 1048 Hyde Street into a full-time short term rental (i.e., Airbnb) by
co-defendants and co-conspirators ARYAN and DMI, along with the continuing harassment,

reduction and denial of landlord services and intentional nuisances.

6. Defendant and attorney, SHAWN YEE, Esq. (SBN 245786 “Active”) (“SHAWN”),
is JAYNE’s son and junior Yee Family attorney to his big sister, CAROL (SBN 168354

“Inactive”, a co-property manager, and co-principal of ZELDA. Plaintiff alleges that SHAWN
has also actively conspired with JAYNE, CAROL, ZELDA, ARYAN, and DMI to harass
Plaintiff by denying her legal rights.

7. CAROL, JAYNE, ZELDA, and SHAWN have all willfully, wantonly, and recklessly
conspired with ARYAN and DMI to maliciously breach all of their respective and mutual

obligations to Plaintiff and her family regarding her quiet enjoyment, and the overall habitability

FIRST CAUSE OF ACTION - Breach of Contract
PLD-C-001(1), Attachment BC-2
(Cuse No. CGC-15-548211)KIM KONAMI ys. ARYAN DAVANI ET AL (Case Neo. 15-548211)
“FIRST AMENDED” COMPLAINT
FIRST CAUSE OF ACTION - Breach of Contract (Form PLD-C-001(1))
“Attachment BC-2”
Page 6

of her own premises. In aggravation, CAROL has recently taken over as the lead negotiator with

Plaintiff. In the process, CAROL has knowingly, illegally, and unethically used her legal
expertise as a licensed California attorney to try to coerce, bully, intimidate or fool Plaintiff into

participating in another bad faith mediation with her fraudulent co-conspirators.

8. In aggravation, CAROL, JAYNE, ZELDA, SHAWN, ARYAN, and DML, continue to

actively conspire to breach all of the essential terms of the 1048 Hyde Street Lease that are
intended to protect Plaintiff's right to the quiet enjoyment of her own premises as an “intended
third-party creditor beneficiary.” And they used fraud and deceit by undertaking contractual
obligations to Plaintiff they had no intention of fulfilling, and which they then proceeded to
willfully and wantonly breach the Lease with malice, justifying an award of punitive damages,
plus reasonable attorney’s fees and costs, pursuant to Bus. & Prof. Code Sections 17200 &
17500, CCP Section 1021.5, SF Rent Ordinance Sections 37.9(f) & 37.10B(c)(5), and Civil Code

Section 3294, among others.

FIRST CAUSE OF ACTION - Breach of Contract
PLD-C-001(1), Attachment BC-2
(Case No. CGC-15-548211)KIM KONAMI ys. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
SECOND CAUSE OF ACTION - Breach Implied Covenant of Good Faith & Fair Dealing

Page 7

9. Plaintiff re-alleges and incorporates by reference the allegations contained in the previous

paragraphs of this First Amended Complaint, as though fully set forth herein.

10. Before Defendant ARYAN DAVANI (“ARYAN”) signed his 1048 Hyde Street Lease on
September 14, 2012, he had already decided to convert or “hotelize” his rent-controlled single-

family dwelling into a full-time illegal and unlicensed Lodging House business for unauthorized
squatter subtenants, and which would later evolve into a full-time short term rental advertised on

the Internet using websites like Airbnb.

11. | Co-Defendant and new landlord, JAYNE YEE (“JAYNE”), purchased “1040-1050
HYDE STREET” on June 11, 2013. Similar to ARYAN, JAYNE also had absolutely no
intention of assuming her legal and contractual responsibilities to Plaintiff pursuant to her pre-
existing Lease for 1050 Hyde Street. As a direct consequence, Plaintiff must now assert her
rights as an intended “third party beneficiary” of the 1048 HYDE STREET LEASE, which
specifically prohibits ARYAN from substantially interfering with the “comfort, safety, or
enjoyment of Owner and/or other occupants of the Building or their guests or invitees,” and
which JAYNE has deliberately chosen to ignore. This is because she is also a co-harasser and

co-conspirator who wants to see Plaintiff move out of her rent-controlled dwelling.

12. Defendants ARYAN and JAYNE both acted in fraudulent bad faith by never intending to
fulfill their contractual obligations, much less consideration to the legal rights of Plaintiff. As a
direct result, their longstanding breaches of the covenant of good faith and fair dealing continue

to cause damages to Plaintiff, her neighbors and the City at large.

SECOND CAUSE OF ACTION - Breach of Implied Covenant of Good Faith & Fair Dealing
{Case No, CGC-15-S48211)PLD-C-001(3)

SHORT TITLE: CASE MOMBER
Kim Konami vs. Aryan Davani et al CGC-15-548211
THIRD CAUSE OF ACTION—Fraud
{umber}
ATTACHMENT TO. Complaint [—] Cross-Complaint

(Use @ separate cause of action form for each cause of action.)

FR- 1. Plaintiff (game): Kim Konami

alleges that defendant (name): Aryan Davani et al

‘on or about (date): [from 9/15/2012 defrauded plaintiff as follows: :

FR2. Intentional or Negligent Misroprasentation

a. Defendant made representations of material fact © [—_] asstated in AttachmentFR-2a [7] as follows:
JAYNE, CAROL & SHAWN, ZELDA MANAGEMENT, INC., ARYAN and DMI ali
operate illegal businesses in San Francisco. And they all own, manage and lease multiple
apartment buildings in the City, but without applying for business licenses, filing City tax
returns or paying business taxes owing. The YEE and DAVANI defendants run illegal
businesses and have conspired to maliciously oppress and defraud Plaintiff of her rights as a
tenant and fellow occupant of the Building. They have fraudulently and deceitfully agreed to
breach the strict anti-sublease provisions and other essential terms of the 1048 Hyde St. Lease.

b. These representations were in fact false. The truth was [__] as stated In Attachment FR-2.b as follows:

JAYNE and ARYAN owe contractual obligations to Plaintiff as an "intended third party
creditor beneficiary" of the 1048 Hyde Street Lease, but neither had the good faith intention to
ever perform any of the essential terms crucial to defending Plaintiffs right to quiet enjoyment
and habitability of her premises. In aggravation, CAROL and SHAWN are both attomeys,
property managers, and legal advisors for their mother, JAYNE.

c. When defendant made the representations,
(1) defendant knew they were false, or
[=] defendant had no reasonable ground for believing the representations were true.

d. Defendant made the representations with the intent to defraud and induce plaintiff to act as described
in item FIR-5. At the time plaintiff acted, plaintiff did not know the representations were false and believed
they were true. Plaintiff acted in justifiable reliance upon the truth of the representations.

FR-3. [27] Conceaiment
a. Defendant concealed or suppressed material facts © [__] as stated inAttachmentFR-3.a [7] as follows:

JAYNE, CAROL, SHAWN, ZELDA, ARYAN and DMI have all conspired to conceal, deny,
ignore, excuse or cover-up their ongoing illegal businesses and harassment of Plaintiff.

b. Defendant concealed or suppressed material facts
[=] defendant was bound to disclose.
(21 by telling plaintiff other facts to mislead plaintiff and prevent plaintiff from discovering the concealed
or suppressed facts.
¢. Defendant concealed or suppressed these facts with the intent to defraud and induce piaintiff to act

as described in item IFIR-5, At the time plaintiff acted, plaintiff was unaware of the concealed or suppressed
facts and would not have taken the action if plaintiff had known the facts.

Page 8
Page 1082
"fusca Comat ot catorse CAUSE OF ACTION—Fraud Ot ON aaecao

Cauned of Cattoria
PLOLC-O0NG) fev. Jarwany 1 2007)PLD-C-001(3)

SHORT TITLE: Peo
Kim Konami vs. Aryan Davani et al CGC-15-548211
THIRD CAUSE OF ACTION—Fraud
‘nanber)

FR-4. Promise Without Intent to Perform
a. Defendant made a promise about a material matter without any intention of performing it [—_] as stated
in Attachment FR~4.a as follows:

From the inception and execution of his Lease on 9/14/12, ARYAN never intended to
comply with its prohibitions against noise, nuisances, subletting, pets, etc. In fact, he was
planning in advance to illegally sublet his Premises.

JAYNE came along less than a year later, purchasing 1040-1050 Hyde on 6/11/13, and
with the advance intention of reducing and withholding essential tenant and building services
in order to maximize her illicit business profits, which included failing to register her building
with the SF Tax Collector's Office.

ARYAN and JAYNE are mutually interested in evicting, harassing, or otherwise forcing
Plaintiff's waiver of her contractual rights as a tenant and third party creditor beneficiary.
b. Defendant's promise without any intention of performance was made with the intent to defraud and induce
plaintiff to rely upon it and to act as described in item FR-. At the time plaintiff acted, plaintiff was unaware of
defendant's intention not to perform the promise. Plaintiff acted in justifiable reliance upon the promise.

FR-S. In justifiable reliance upon defendant's conduct, plaintiff was inducad to act [1 as stated in Attachment FR-5
as follows:
Plaintiff justifiably assumed that ARYAN, as a fellow tenant in the Building, JAYNE, as landlord,
and CAROL & SHAWN, as her property managers (& undisclosed attorneys), would reasonably
comply with the essential terms of the 1048 Hyde Street Lease. Plaintiff then spent years lodging
repeated complaints about ARY AN's harassment and other ongoing misconduct, but without
realizing that JAYNE, CAROL & SHAWN had no intention resolving. Instead, they conspired with
ARYAN and DMI to harass and evict by approving and enabling ARY AN's conversion of his
rent-controlled dwelling into a full-time Lodging House for off-lease squatters and short-term rentals
to tourists in flagrant violation of local and state laws.

FR-6. Because of plaintiffs reliance upon defendant's conduct, plaintiff has been damaged [__] as stated in
Attachment FR-6 as follows:
Plaintiff has always exercised the utmost reasonableness, forbearance, and prudence in her attempts
to deal with the now long term misconduct of the Defendants. And by their deliberate, repeated, and
cynical misuse and abuse of the SF Rent Board's services, the Defendants have simply prolonged and
escalated their contractual breaches, nuisances, and downright physical harassment in the torture-like
form of prolonged and repeated disturbances causing chronic sleep deprivation. Defendants have
used fraud and deception to simply prolong their concealment of illicit business profits, ongoing
misconduct and harm to Plaintiff and the community at large.

FIR -7. Other:
And they all used fraud and deceit by undertaking contractual obligations to Plaintiff they had no
intention of fulfilling, and which they then proceeded to willfully and wantonly breach with malice,
justifying an award of punitive damages, plus reasonable attorney’s fees and costs, pursuant to Bus.
& Prof. Code Sections 17200 & 17500, CCP Section 1021.5, SF Rent Ordinance Sections 37.9(f) &
37.10B(c)(5), and Civil Code Section 3294, among others.

Page 9
PLDT -0G1e) (Rev. January 12057 CAUSE OF ACTION—Fraud Page Pot?PLD-PI-001(3)

SHORT TITLE:
Kim Konami vs. Aryan Davani et al

CASE NUMBER
CGC-15-548211

FOURTH CAUSE OF ACTION—Iintentional Tort Page

(number)
ATTACHMENT TO

Complaint

[J cross - Compiaint

(Use @ separate cause of action form for each cause of action.)

{T-4, Plaintiff (name): Kim Konami

10

alleges that defendant (name): Aryan Davani et al

[Z]J Does I to 25

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally
caused the damage to plaintiff
on (date)from 9/15/2012

at (place)l 048 Hyde Street & 1050 Hyde Street, San Francisco, CA 94109-4917 ("the Premises")

(description of reasons for liability):

Plaintiff re-alleges and incorporates by reference the allegations contained in the preceding
paragraphs of this First Amended Complaint, as though fully set forth herein.

All harmful acts committed by the conspiring defendants JAYNE, CAROL, SHAWN, ZELDA
MANAGEMENT, INC., ARYAN, and DMI, were for the deliberate and premeditated purpose of
violating and/or circumventing any and all leasehold obligations regarding House Rules or common
decency and consideration for fellow building occupants, their lawful guests, and neighbors. And the
ultimate goal of the co-conspirator defendants was to wage a long term campaign of harassment in
the hopes Plaintiff and her family would move-out.

In aggravation, CAROL, JAYNE, SHAWN, ZELDA MANAGEMENT, INC., ARYAN and DMI
continue to actively conspire to breach all of the essential terms of the 1048 Hyde Street Lease
intended to protect Plaintiff's right to the quiet enjoyment of her own premises as an “intended
third-party creditor beneficiary.” And they have used fraud, deceit, and outright harassment and
other despicable misconduct with malice, oppression, and fraud to deny Plaintiff her rights, justifying
an award of punitive damages, plus reasonable attorncy’s fees and costs, pursuant to Bus. & Prof.
Code sections 17200 et seq, CCP section 1021.5, SF Rent Ordinance sections 37.9(f) & 37.10B(c)(5),
Civil Code section 3294, and Penal Code section 602.9, among others.

page tot
om Approved Spon ie CAUSE OF ACTION-Intentional Tort ee cea ek ge
PLO-PI001(3} Rev. January 1, 2007)PLD-PI-061(4)

SHORT TITLE: an
Konami vs. Davani CGC-15-548211
FIFTH CAUSE OF ACTION—Premises Liability Page i
(number)
ATTACHMENT TO. Complaint [7] Cross - Compiaint
(Use a separate cause of action form for each cause of action.)

Prem.L-1. Plaintiff (name): Kim Konami

Prem.L-2.

Prem.L-3,

Prem.L-4,

Prem.L-5. a.

b.

alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): from 9/15/12 plaintiff was injured on the following premises in the following

fashion (description of premises and circumstances of injury):

Building at "1040-1050 Hyde Street," and emanating Premises at 1048 Hyde Street (Davani et
al), Intentional, wanton & reckless, malicious, long-term and ongoing breaches of Plaintiff's
warranties of habitability & quict enjoyment by co-conspirators JAYNE, CAROL & SHAWN,
ZELDA MANAGEMENT, INC., ARYAN, and DMI, which have risen to the level of
prolonged and intentional physical harassment and other intentional torts relating to illegal
subletting that justify the award of punitive damages, attorney's fees & costs.

ww Count One—Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names):

ARYAN DAVANI, JAYNE YEE, CAROL YEE, SHAWN YEE, ZELDA
MANAGEMENT, INC., ARYAN DAVANI, and DAVANI MARBLE INC.
Does | to 25

Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):

ARYAN DAVANI and JAYNE YEE

Does 1 to 25
Plaintiff, a recreational user, was [“_] an invited guest [—] a paying guest.

[£2] Count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names):

[Zbees | to 25
a. [7] The defendant public entity had [—] actual

constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
». [J The condition was created by employees of the defendant public entity.

Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (names):

CAROL YEE, SHAWN YEE, ZELDA MANAGEMENT, INC., and DAVANI
MARBLE INC. acted as agents and co-conspirators of JAYNE and ARYAN.
[7] dos 1 to 2S

The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
[= cescribed in attachment Prem.L-5.b as follows (names):

George Kontridze, Kevin F. Dunnell, Daniel C. Metz, Alex Miller, Annika Nilsen are
all former squatters, trespassers & harassers. Mahmood Davani is a Lease Guarantor.

Page {of f

Form Aopeoved i Ont es CAUSE OF ACTION—Premises Liability Se rcoanene ag
PLOPLOOT( [Rev. January 1, 2007)PLD-PI-001(2)

SHORT TITLE: CASE NUMBER
Kim Konami vs. Aryan Davani et al CGC-15-548211
SIXTH CAUSE OF ACTION—General Negligence — Page
(number)

ATTACHMENT TO Complaint [—] Cross - Complaint

(Use a separate cause of action form for each cause of action.)

GN-1. Plaintiff (name): [Ram Konami ]

alleges that defendant (name): Aryan Davani et al

(21 does 1 to 25

was the lagal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff

on (date): from 9/14/2012
at (place): 1048 Hyde Street & 1050 Hyde Street, San Francisco, CA 94109-4917 ("the Premises”).

(description of reasons for liability):

Plaintiff re-alleges and incorporates by reference the allegations contained in the
preceding paragraphs of this First Amended Complaint, as though fully set forth herein.

In aggravation, CAROL YEE, JAYNE YEE, ZELDA MANAGEMENT, INC., SHAWN YEE,
ARYAN DAVANI, and DAVANI MARBLE INC. all continue to actively conspire to breach the
essential terms of the 1048 Hyde Street Lease, and in furtherance of their illegal, unlicensed and
untaxed San Francisco-based business activities. As a result, Plaintiff is now forced to enforce
her legal right to the quiet enjoyment of her own premises at 1050 Hyde Street, and as a
pre-existing "intended third-party creditor beneficiary" of the intentionally breached 1048 Hyde
Lease anti-subletting terms.

The Defendants' patently illegal business misconduct amounts to malicious “willful and
wanton” negligence justifying an award of punitive damages, plus reasonable attorney’s fees and
costs pursuant to Bus. & Prof. Code Sections 17200 & 17500, CCP Section 1021.5, SF Rent
Ordinance Sections 37.9(f) & 37.10B(c)(5), and Civil Code Section 3294, among others.

Page 1064

a sofeaomen CAUSE OF ACTION—General Negligence (Code of Civ Procedure 425.42

Judicial Counc of ia www. coortingo.ca gov
PLD-PL-001(2) [Rev. January 4, 2007)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
SEVENTH CAUSE OF ACTION - Unfair Competition in Violation of Cal. Bus. & Prof.
Code 17200 et seq
Page 13

13. Plaintiff re-alleges and incorporates by reference the allegations contained in the

preceding paragraphs of this First Amended Complaint, as though fully set forth herein.

14. Defendants JAYNE, CAROL, SHAWN, ZELDA MANAGEMENT, INC., ARYAN

and DMT are all co-conspirators engaged in a years long pattern and practice of acts of illegal
and unfair competition in violation of the UCL for which they are all jointly and severally liable,

and for which this Court should issue equitable and injunctive relief, including restitution.

15. In a willful and flagrant violation of San Francisco’s Business and Tax Regulations,

the Defendants have deliberately avoided registering and/or maintaining valid business licenses
with the SF Office of the Treasurer & Tax Collector (“TTX”) for any of their businesses.
Motivated by pure greed and the ruthless pursuit of illicit profit, Defendants have successfully
evaded the City’s local tax and business regulations for years. After Defendants became tax
evaders and de facto money launderers, it would only take a few years’ worth of unpaid business
registration fees, unfiled local tax returns and delinquent hotel and gross receipts taxes, including
late-filing and late-payment penalties with interest, for there to be no “turning back.” As a direct
and foreseeable consequence, Plaintiff, her neighbors, and the public at large, all continue to
suffer from Defendants’ ongoing illegal business activities, including ongoing reductions in

services, harassment, and assorted nuisances.

16. San Francisco law requires business owners to register and maintain their qualified

business status within 15 days of commencing business. Section 16240 of the Business and

Profession Code requires that every person who practices, offers to practice, or advertises any

SEVENTH CAUSE OF ACTION — Unfair Competition in Violation of Cal. Bus. & Prof. Code 17200 et seq
(Case No. CGC-15-848211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
SEVENTH CAUSE OF ACTION - Unfair Competition in Violation of Cal. Bus. & Prof.
Code 17200 et seq
Page 14

business, trade, profession, occupation, or calling for which a license, registration, or certificate

is required by an law of this state, without holding a current and valid license, registration, or
certificate as prescribed by law is guilty of a misdemeanor, punishable by a fine of not more
than $1,000, or six months in county jail, or both (see: Penal Code section 19). So the mere
holding oneself out while not actually having a valid certificate is a “completed” misdemeanor

violation.

17. Plaintiff has resided continuously in one of Defendants’ rent-controlled buildings

since 1995. And because Plaintiff's monthly rent is significantly below current fair market
value, Defendants have maliciously conspired to evict, harass, bully, intimidate, mislead,
defraud, oppress, wrongfully deny or compel Plaintiff to waive her legal rights regarding the
warranty of habitability and quiet enjoyment of her longstanding leasehold premises at 1050

Hyde Street.

18. Defendants have so far illegally converted or “hotelized” at least two of their

dwelling units located at 1048 Hyde Street and 1363 Broadway into unlicensed lodging houses
and/or short-term rentals (i.e., Airbnb), and without a single approval or permit from the San
Francisco Department of Planning (“Planning”).

19. Plaintiff seeks treble damages, reasonable attorney’s fees, and a permanent
injunction pursuant to SF Rent Ordinance sections 37.9 for illegal endeavors to evict, as well as
section 37.10B for tenant harassment. Plaintiff also seeks declaratory relief, as well as any

exemplary or punitive damages available under state law.

SEVENTH CAUSE OF ACTION — Unfair Competition in Violation of Cal. Bus. & Prof. Code 17200 et seq
(Case No. CGC-15-848211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
SEVENTH CAUSE OF ACTION - Unfair Competition in Violation of Cal. Bus. & Prof.

Code 17200 et seq
Page 15

20. Plaintiff also seeks reasonable attorneys fees pursuant to the Private Attorney General
Statute (CCP section 1021.5) for Defendants’ engaging in unfair and unlawful business practices
in violation of the Business and Professions Code sections 17200-17210 (the “Unfair
Competition Law”). Defendants must be forced into compliance with all state and local laws,
including fulfilling all of their legal and contractual obligations to Plaintiff, and any other
adversely affected tenants and neighbors. Further, Defendants must bear all of the burdens and
costs resulting from their ongoing illegal business misconduct. By unlawfully denying essential
tenant services to Plaintiff, which included their illegal conversion of rent-controlled dwellings
into short-term rentals for tourists and “off-lease” squatters, Defendants intentionally harassed
Plaintiff and her neighbors by creating public and private nuisances in violation of San
Francisco’s Rent Ordinance, Business & Tax Regulations Code, Building Code, Planning Code,
Health & Safety Code (the “State Housing Law”), Police Code (“Noise”), Fire Code, Public

Works Code (“Illegal Dumping”), ete.

PARTIES AND SUBJECT PROPERTIES
21. Plaintiff, Kim Konami, who has resided at the premises known at 1050 Hyde Street

since September of 1995 brings this action pursuant to San Francisco Rent Ordinance and
California’s Unfair Competition Law.
22. Defendants separately and collectively are engaged in the business of illegally

leasing and subleasing rent-controlled dwelling units (including commercial units) in at least 5

buildings in San Francisco in violation of state and local law:

SEVENTH CAUSE OF ACTION — Unfair Competition in Violation of Cal. Bus. & Prof. Code 17200 et seq
(Case No. CGC-15-548211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
SEVENTH CAUSE OF ACTION - Unfair Competition in Violation of Cal. Bus. & Prof.

Code 17200 et seq
Page 16

* 1420 Jones Street (Assessor’s Block 0189/012);

+ 3180-3186 23" Street (Assessor’s Block 3638/025);

+ 1040-1050 Hyde Street (Assessor’s Block 0251/046);

+ 901-909 Balboa Street (Assessor’s Block 1634/001); and
+ 1357-1363 Broadway (Assessor’s Block 0154/030).

23. At all relevant times herein, Defendants JAYNE Y. YEE, CAROL L. YEE, DAVID
S. YEE, ZELDA MANAGEMENT, INC., ARYAN DAVANI, DAVANI MARBLE INC.,

GEORGE KONTRIDZE, KEVIN F. DUNNELL, DANIEL C. METZ, ANNIKA NILSEN-
RODRIGUEZ, ALEX C. MILLER, and DOE | through DOE 25, have been and are the owners,
landlords, operators, managers, agents, co-conspirators, trespassers, squatters, and co-harassers

regarding the Properties at 1048 Hyde Street and 1363 Broadway, in particular.

24. All of the Properties are located within the City and County of San Francisco and
must be brought into compliance with all permitted use restrictions in accordance with the San
Francisco Rent Ordinance and Planning Code. This also includes complying with the Business

& Tax Regulations Code regarding business license certificates and tax reporting requirements.

25. Defendants JAYNE Y. YEE, CAROL L. YEE, DAVID S. YEE, ZELDA
MANAGEMENT, INC., ARYAN DAVANL, and DAVANI MARBLE INC., are all landlords

subject to the San Francisco Rent Ordinance and Unfair Competition Law.

26. So far, unnamed Defendants DOE 14 through DOE 25 continue to be sued herein

under their fictitious names. At this time, Plaintiff still does not know the true names or

SEVENTH CAUSE OF ACTION — Unfair Competition in Violation of Cal. Bus. & Prof. Code 17200 et seq
(Case No. CGC-15-548211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
SEVENTH CAUSE OF ACTION - Unfair Competition in Violation of Cal. Bus. & Prof.

Code 17200 et seq
Page 17

capacities of said Defendants, but prays that their legal culpability may be promptly alleged as

soon as their identity or capacity is ascertained.

27. At all times herein mentioned, each Defendant was an agent, servant, employee,
partner, joint venturer and co-conspirator of every other Defendant and at all times was acting
within the course and scope of their conspiracy to conduct their joint illegal business ventures.
Actions taken, or omissions made by Defendants’ employees, agents and co-conspirators in the
course of their conspiracy are considered to be the actions or omissions of Defendants for the

purposes of this First Amended Complaint.

SEVENTH CAUSE OF ACTION — Unfair Competition in Violation of Cal. Bus. & Prof. Code 17200 et seq
(Case No. CGC-15-848211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
EIGHTH CAUSE OF ACTION — Unjust Enrichment & Restitution
Page 18

28. Plaintiff re-alleges and incorporates by reference the allegations contained in the

preceding paragraphs of this First Amended Complaint, as though fully set forth herein.

29. Defendants have been unjustly enriched as a result of their illegal business activities.

Consequently, Defendants have unfairly, unlawfully, improperly and unreasonably received
benefits to the detriment and expense of Plaintiff and the City at large. As a result, Plaintiff and

others similarly harmed are entitled to recover the value of the benefit conferred as damages.

30. JAYNE, CAROL, SHAWN, ZELDA MANAGEMENT, INC., ARYAN and DMI are

all co-conspirators engaged in a years long pattern and practice of illegal competition in violation
of the UCL. for which they are all jointly and severally liable, and which this Court should issue

equitable and injunctive relief, including restitution.

EIGHTH CA
(Case No. CGC

OF ACTION — Unjust Enrichment & Restitution
$482.11)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
NINTH CAUSE OF ACTION - Accounting
Page 19

31. Plaintiff re-alleges and incorporates by reference the allegations contained in the

preceding paragraphs of this First Amended Complaint, as though fully set forth herein.

32. Accordingly, Plaintiff demands an accounting regarding all illegal business income

for return to Plaintiff, other victims, and the SF Tax Collector.

NINTH CAU
(Case No. CGC

F ACTION ~ Accounting
548211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT
TENTH CAUSE OF ACTION - Declaratory Relief
Page 20

33. Plaintiff re-alleges and incorporates by reference the allegations contained in the

preceding paragraphs of this First Amended Complaint, as though fully set forth herein.

34. As alleged above, an actual controversy exists between the parties regarding their

respective rights and obligations with respect to their illegal business activities.

35. Plaintiff therefore requests a declaration of the parties’ respective rights and obligations

with respect to the foregoing matters.

36. This Court has equitable jurisdiction, co-extensive with its authority to render a

declaratory judgment, as well as issue an injunction to enforce that declaratory judgment.
Plaintiff therefore respectfully requests that the Court issue an appropriate injunction that
compels Defendants to cease and desist from any further violations of the law and Leases in

issue.

TENTH CAUSE OF ACTION — Declaratory Relief
(Case No. CGC-15-548211)PLD-PI001(6)

SHORT TITLE: CASE MN PR
Konami vs. Davani

Exempiary Damages Attachment Page 21

ATTACHMENT TO. Complaint [TJ Cross - Complaint

EX-1. As additional damages against defendant (name):
Aryan Davani, Davani Marble Inc., Jayne Yee, Carol Yee, Shawn Yee, Zelda Mgmt., Inc. et al

Plaintiff alleges defendant was guilty of
malice

fraud

[Z] oppression

as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages
to make an example of and to punish defendant.

EX-2, The facts supporting plaintiff's claim are as follows

Plaintiff re-alleges and incorporates by reference the allegations in the preceding paragraphs of
the First Amended Complaint, as though fully set forth herein.

All of the harmful acts committed by the Defendants, including those of landlord JAYNE
YEE's senior legal advisor, and primary enabler and co-conspirator CAROL YEE, and her
unincorporated association and co-conspirator management company, ZELDA MANAGEMENT,
INC., were in "willful and wanton" violation of their leasehold obligations regarding subletting,
house rules, and the common decency and consideration owed to Plaintiff and her fellow building
occupants and neighbors. The ultimate illegal business motive and goal of the conspiring
defendants was to wage a long-term campaign of reduced or suspended landlord services
combined with Aryan Davani's ongoing harassment, bullying, and intimidation, in an attempt to
evict Plaintiff and her family from their longtime rent-controlled dwelling.

In aggravation, JAYNE YEE, CAROL YEE, SHAWN YEE, ZELDA MANAGEMENT, INC,
ARYAN DAVANI, and DAVANI MARBLE INC. (including its individual principals,
shareholders and owners) continue to actively conspire to breach all of the essential terms of the
1048 Hyde Street Lease intended to protect Plaintiff's right to the quiet enjoyment and habitability
of her own premises as an “intended third-party creditor beneficiary” of both JAYNE YEE and
ARYAN DAVANL as "landlords" under the SF Rent Ordinance. And they used fraud and deceit
by undertaking contractual obligations to Plaintiff they had no intention of fulfilling, and which
they then proceeded to willfully and wantonly breach with malice, justifying an award of punitive
damages, plus reasonable attorney’s fees and costs, pursuant to Bus. & Prof. Code Sections 17200
& 17500, CCP Section 1021.5, SF Rent Ordinance Sections 37.9(f) & 37.10B(c)(5), Civil Code
Section 3294, the "Tort of Another" Doctrine," etc.

EX-3. The amount of exemplary damages sought is
a not shown, pursuant to Code of Civil Procedure section 425.10.

.Cs
Page }of1
Tam Approves tt Optional Use Code of Gui Provedura, § 47
retaicel Counet of Caomia Exemplary Damages Attachment See scone couthiees boy

PLO-PLOON(E} {Rev. January 1, 2007]KIM KONAMI ys. ARYAN DAVANI ET AL (Case No. 15-548211)
“FIRST AMENDED” COMPLAINT

Page 22

PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

1. For treble damages, restitution, and all other appropriate legal and equitable relief:

2. For pre-judgment and post-judgment interest;

3. For an accounting, restitution and declaratory relief,

4. For punitive or exemplary damages;

5. For reasonable attorney’s fees and litigation expenses, including reasonable and
necessary attomney’s fees and collection costs to enforce the judgment;

6. For appropriate injunctive relief;

7. For costs of sui herein; and

8. For such further relief as the Court may deem proper and just.

REQUEST FOR JURY TRIAL

Plaintiff hereby renews her demand for a jury trial on all causes of action so triable.

Dated: January /@, 2018 /A/ Neal H, Konami, Esq.
NEAL H. KONAMI (#111730)

FIRST AMENDED COMPLAINT ~ Prayer for Retief & Request for Jury Trial
(Case No, CGC-15-548211)KIM KONAMI vs. ARYAN DAVANI ET AL (Case No. 15-542211)
“FIRST AMENDED” COMPLAINT

Page 23

VERIFICATION OF “FIRST AMENDED” COMPLAINT
(Civ. Proc., §§ 446 & 2015.5)

of

Kim Konami, Plaintiff

KIM KONAMI VS. ARYAN DAVANI, GEORGE KONTRIDZE, DANIEL C. METZ.
TAMRA VAN WYK, KEVIN DUNNELL, & DOES 1 THROUGH 25, INCLUSIVE
(Case Number CGC-15-548211)

J, Kim Konami, hereby declare:

Tam the Plaintiff in the above-entitled matter. I have read the foregoing “First Amended”
Complaint and know the contents thereof. The same is true of my own knowledge, except as to
those matters which are therein stated on information and belief, and, as to those matters, I
believe it to be true.

Executed on January | ¢ 2018, at San Francisco, California. 1 declare under penalty
of perjury that the foregoing is true and correct.

a iw Rowan

Kim Konani, Plaintiff

VERIFICATION OF “FIRST AMENDED” COMPLAINT BY PLAINTIFF, KIM KONAMI
{Case No. CGC-1S-$48211)Neal H. Konami, Esq. (SBN 111730)
Attorney at Law

1050 Hyde Street

San Francisco, CA 94109-4917
Telephone: (415) 274-0956

Email: nhk111730@sbeglobal.net

Attorney for Plaintiff,
KIM KONAMI

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION
KIM KONAMI, )
) Case Number: CGC-15-548211
Plaintiff, )
)
vs. ) “FIRST AMENDED” COMPLAINT
) EXHIBIT A - 1048 HYDE ST. LEASE
ARYAN DAVANI, GEORGE KONTRIDZE, )
DANIEL C, METZ, TAMRA VAN WYK, )
KEVIN F. DUNNELL, ANNIKA NILSEN, — )
& DOES 1 TO 25, )
)
Defendants. y
)

[16 Pages Total, Including Exhibit A Coversheet.]

EXHIBIT A - 1048 HYDE STREET LEASESAN FRANCISCO APARTMENT ASSOCIATION RESIDENTIAL TENANCY AGREEMENT

4, INTRODUCTION: ___ West & PraszkorRealiorsas Security Ooposi: = S $500.00
agenl for the owne:
Rent Collected: S pars0o

(Omer) rents to ‘Aryan Davani ang oy
4 a : it | tore Period 91612 © 100012 |
(Tenant) and Tenamiagerstorent_ hee $

1048 Hyde 2 4 TOTAL
Cotfomis, (be Promises") No other portion ofthe builing (the ‘Buiding’), where | CHARGES: S ZO28 OD eeeneenrn

the Premises is located, is included for laasa unless expressly provided fr inthis
Resident Tenanzy Agreement (the “Agreemont). The Promises 1s provided os (] Unlumished or {} Furnished {see altached Furnitue lnvertoy)

‘The epplarces provided at inception of the tenancy arc described as: siove.refrinpratot washer, & drver a
2. TERM: The tormofihis rent shallbegnon___ 09-15-2012 endendon _ 02-01-2013 and theteafr shat be monih-
to-monlh on la same Lsrms and condilions a8 staied herein, save: oe made uniil terminated.

3, PHYSICAL POSSESSION: if Owner is unable lo deliver po;
(ot any demage cavsed teroby, nor shal this Agreement te

US 5.4.8 2 due and payable in advance onthe __1st
lo Quer or such other porsen 23 Owner
order and nol use cash uniess spscitcaty

4 RENT: The inal monthly base rent for the Promises
day of gach and every monkh (the "Due Date’) witout see
snail dasignas bh vsting, Tenant agrees abways to,Sayrant by check, cash
‘au by Ome Reni shall be paid to 2

Nosioaa an Francisco
jevignated by Owner. in te event of
ingle payment ard that is up to Ton-
api shall be construed as 2 dection
Inherein. Tenant bears the risk of kas
if for any partial month shall be pro-
biigation of Tenant to Owner notifih-
ificate @ payment in any obhar way shal
WW accep rem payments only from We
eull of refusing any (rd party chock

‘bo null and vo'd, incieding the use or appig
actual Tenants). No thind party checks wil

ted,
}) acceplance shall not be consinied as « Waive

‘Should Owner efecto acoapt a third pact ei
§. SECURITY DEPOSIT: Batora th an gern in g 2 00 (the “Security Depos-
i forthe porposes sat forth in Ch