Preview
sangre apy oo ys
FILED
(
GERALD LAU (SBN 209301) ti -
PRUDENTIA. LAW CORPORATION’ \
$33 Airport Blvd.,. Suite 400 ERK oy
Burlingame, CA 94010 fT OF CA
Telephone: (650) 268-8128 GLAR:
Facsiinile: (650) 434-5688. BY. verry
Email: gerald@prudentialaw.com
Attorneys for Defendant we
Vietnam Town Condominium Owners Association
+
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
9
10 SAN'FRANCISCO PIZZA INC., TAN CASE NO, 17CV318151
NGUYEN, NGHIA NGUYEN, and KIM
lI THUY HO DECLARATION OF JOSEPH NGUYEN IN
OPPOSITION TO PLAINTIFFS’ EX
12 Plaintiff/Petitioner, PARTE APPLICATION FOR A TRO AND
Be
Ze
AN OSC TO SHOW CAUSE RE
13 Vv, PRELIMINARY INJUNCTION
mae
14 VIETNAM TOWN CONDOMINIUM Date: November 6, 2017
uo OWNERS ASSOCIATION, MATRIX
mee 15 ASSOCIATION MANAGEMENT, Time: 9AM
JOSEPH NGUYEN, LAP T. TANG,
©
16 MICHAEL JOHNSON, DAVID Dept. TBD
ALVARADO, and Dees 1 thru ‘10,
7 inclusive Judge: TBD
18 Defendants/Respondents
19
20 I, Joseph Nguyen, declare:
21 1 1 am the President of the Vietnam Town Condominium Owners Association (the
22 “Association”) anda member of its Board of Directors (the “Board”).
23 2. The matters stated herein are known to’me personally, and if called and sworn as a
24 witness 1 could competently testify thereto.
25 3 Vietnam Town consists of one hundred (115) units and is located at 909-999 Story
26 Road in San Jose, California.
27 4, Gas lines are installed only for units that are not prohibited from restaurant use.
28
-1-
DECLARATION OF JOSEPH NGUYEN
men oe
© ®@
5 On August 13, 2017, I received an email from Jennifer Tran stating that her gas line
(unit 9039) had been cut/stolen. A true and correct copy thereof is attached hereto as Exhibit A.
6 Plaintiffs accessed the Building Common Area for a purpose that was not intended,
since unit 9015 was not intended to-have gas and be used for a restaurant.
7 Plaintiffs have done work in their unit without approval in writing by the Board.
8 The Board did not even-receive the plans and specifications in writing until October
17,2017 by letter from Plaintiff's counsel requesting approval. A true and correct copy of the letter
is attached hereto as Exhibit B.
9 This request was denied by letter to Plaintiff's counsel on October 30, 2017, and the
W plans were disapproved. A true and correct copy of the letter, the exhibit comprised of the CC&Rs
1 omitted, is attached hereto.as Exhibit C.
12 10 The Board never approved unit 9015: to be used as a restaurant.
be
Ze 13 1 The Board never approved Plaintiffs” installation of the gas meter,
ne
14 12. The Board never approved Plaintiffs’ tap of their neighbors’ gas lines.
>
mee 15 13, The Board never approved any of Plaintiffs’ plans regarding unit 9015, and in fact
©
16 disapproved them.
17 14, The Vus entered into a settlement agreement with the Association, a true and correct
18 copy of which. is attached hereto‘as Exhibit D.
19 15. The Association engaged Aquatek Plumbing, Inc. to restore the gas.line to 9042, the
20 unit to whom it was assigned.
21 16, The gas line has been restored, and the work was approved by the city.
17. If this injunction is granted, it will send a message to other owners of units that they
23 can ignore and violate the CC&Rs and the rights of neighboring owners, which will cause
24 tremendous damage to all of Vietnam Town.
25 1B. I declare under penalty of perjury under the laws ofthe, State of California that the
26 foregoing is true and correct, and that this declaration was executed at San Jose, California on.
27 November 2, 2017.
28 -2-
DECLARATION OY JOSEPH NGUYEN
@
wel
Joseph Nguyen
10
i
12
Ee
Ze 13
mad
as
me
14
pez 1S
16
17
18
19
20
2i
22
23
24
25
26
27
28
-3-
DECLARATION OF JOSEPH NGUYEN
EXHIBIT A
cone oe omens
99000°T-Mobil E is 3:45 PM: @ 763
ox
< “NM
werner yireicvorn- qavauvarrorwyenuu vert
.
protaxcorp88
@ gmail.com; protaxcorp @yahoo.com;
joany619@yahoo.com; jewelz408@ yahoo.com;
jrne408 @gmail.com; tangmedia@gmail.com;
michael4realty@yahoo.com
Subject: REPORTING - GAS LINE FOR UNIT 9039
HAS BEEN CUT/STOLEN
My name is Jenniter Tran, the owner of unit.9039 and | would
like to info you all that my gas line has been cut and now being
connected to the unit 9015. The dangerous part is that the main
gas line inside my unit is currently opening and the whole
building could be explored when PG&E install the meter and
apply gas fo the gas fine.
Therefore, | am requesting the HOA and Board of Directors to
immediate take action to prevent a disaster could be happened
anytime to the building.
Also, in according to the CC&R; Exhibit D, the gas line and
grease interceptor have been approved by the City and
dedicated to the unit 9039. Therefore, | request that the HOA
and Board of Director to protect my rights.
Please advise your action and comment by COB Wednesday,
2 QNES&e
August 16,.2017. | will proceed further legal action if | do.not
receive any response from the HOA and/or the Board of Director
by Wednesday.
Thank you for your prompt attention to this email.
Regards,
Jennifer Tran
trananhjennifer@acl.com
nnn
F 4
EXHIBIT B
LAW OFFICES OF MICHAEL G. ACKERMAN
ATTORNEY AT LAW
2391 THE ALAMEDA
SUITE 100
SANTA CLARA, CALIFORNIA 95050
TELEPHONE: (408) 261-5800
PAX; (408) 261-5900
MICHAEL G. ACKERMAN
October 17, 2017
Vietnam Town Condominium Owners Ngoc Bui
Association Board Members 999 Story Road, Suite 9090
San Jose, CA 95122
Joseph Nguven
6036 Stevenson Bivd.
Fremont, CA 94538
Khanh Cao Huu Joany Yuin
989 Story Road, Suite 8063 3005 Silver Creek Road
San Jose, CA.95122 San Jose, CA 95121
Re: Unit 90135
Our File No.: 10962-001
Vietnam Town Condominium Owners Association:
As you are aware, we represent San Francisco Pizza, Inc., Tan Nguyen, Nghia Nguyen and Kim
Thuy. Ho, the tenant and owners of Unit9015 in Building 999, Based upon the lawsuit brought by Amy
‘Vu and Cuong Vu it has been made apparent that the Board.of Directors for the Association has failed
miserably to meet its responsibilities to manage the Condominium complex, instead delegating its
duties and responsibilities to David Alvarado of Matrix Association Management. Itis ironic that Amy
Vu, who filed the lawsuit.claiming that it was the Board's responsibility to manage the complex, was
at one time amember of the board and resigned on July 15,2015, complaining that every board meeting
was.cancelled during her brief tenure on the board and that the board was not managing Mr. Alvarado,
it was the other way. around. She knew from her own'personal experience that the board had abandoned
all responsibility for the complex and delegated its resonsibilties to Mr. Alvarado.
Based on the foregoing it is our belief that Mr. Alvarado, orally , in emails and by his conduct
and actions, approved'the use of Unit 9015 as a restaurant on behalf of the Association. However, we
are including with this letter a copy of the plans for the San Francisco Pizza restaurant, which have
already been approved by the City of San Jose, and request that the Board formally approve Unit 9015,
pursuant to Exhibit D of the Declaration, as a restaurant.
@
Vietnam Town Condominium Owners
Association Board Members
October 17, 2017
Page 2
As is set forth above, we firmly believe that this approval has been given by Mr. Alvarado,
which approval our clients have relied upon and spent in excess of $450,000 in having plans drawn,
applying for permits, building out the restaurantand advertising the business. We ask that this approval
be given within fifteen days (15) of the date of this letter. If we do notreceive a response within fifteen
days, we will file suit for declaratory relief and for damages for negligent misrepresentation. We will
have no choice but to join in the lawsuit all of the other restaurants at the complex to assure that they
also have been or will be given approval by the Board to operate as a restaurant, including Units 9042
and 9045 that we believe were combined as one Unit without Board approval.
It is our hope to avoid the expense and time consumption of a lawsuit through a negotiated
resolution. We are dpen.to a mediation being held with all Unit owners present to resolve these issues
throughout the complex.
The lawsuit with Mr. and Mrs. Vu was settled-without disclosing the'specific terms. There was
a vague referenceto a gas line being provided by the Association to Mr. and Mrs. Vu. We have verified
with Pacific Gas & Electric Company that once a gas meter has been connected to a gas line and has
been tested and approved by the City of San Jose, the meter and gas line are no longer the property of
the Association but-instead are the property of Pacific Gas & Electric Company and the owner of the
Unit to which the line is connected. Should anyone tamper with the meter and/or line connected to Unit
9015, we will immediately take action to report this to Pacific Gas & Electric Co, and to file suit for
trespass and damages,
We look forward to receiving your response to this letter within the next fifteen days.
Very truly yours, _,
LAW OFFICES 3 OF MICHA L.G_ACKERMAN
ee
(PaOlViele “4 fo
4 YICHABL f ACKERMAN
MGA:cjs
co: Daniel J. Mash, Esq.
coe Anne Acuna, Esq.”
ce: client
CAMyDees\Nguyen, TWietsamTownCondoAssoc.
101617
32 -
7
¥ 3
SAN
TENANT
FRANCISCO PIZZA LHC
ut
IMPROVEMENT “HC, Design,
ELLE.
nD
Hes
Dest, fac
Letteon fee.
repack
999 STORY RD. SUITE 9015
SAN JOSE, GA 95122
Bic
DRAWING INDEX SYNBOI, TABULATION VICINITY wp
9 “a wen ns oc Bare
| GE Ree,
SAN SUSE, CA 540 es
Bere
aes ea
>
or it
rm a
a ee
Sue
mate pResoo ae ior
Ge ae xo
ssewteit ~ nexionen:
HAU-OBING LIAO, AIA
say ‘ EER ia
pa ee,
err ae, es BURRS te ns
AMAL BEY, ASSOC. ATA FE RiBBR an mecce some meg y gomces
SARATOGA, Ca E010
o~ Seoreec serena 5398 or
FRc
ae
‘TEL: (408) 483-2831 Bee
rag amt es
: @— mar... iH
Saesaterane
BRS © Setseawee wena anor oe
Re
eae 0,
ey aoa PROJECT DESCRIPTION
a nse eae, mx Fegyres aor omenpet peat 58
1 ee ee - See SONS rater
4O.
ABBREVIATION GENERAL NOTES
eTE
- 3 BR AEE ee cripigngemwoa
aa tccomaciis ‘geen
eee
per ionsnser
Bg
=
|=
DEFERRED SUBMITTALS: REAReset ewan norecacee
R
ny
J. AUTO SPRINKLER BODIFICATIONS, * preetomomuneene
SBE
anna
canes actrees eae
eee
Forte moran a
a
2, FIRE. ADARM sens cea: peneees ites orien
& 19 See
Otte Seer + pmeigcag nner
ats
ae nore
cartv0 we Seu RE me
me CCT *gow ap ren arearmen
‘ara
oe ee Sno aS Seen
1 camiconon
SearsPROT aha mo eR aie
tat ese
ACCES:
EXISTING BULDINGS FORM 4 ewer nisipeor
i&
* pawns ccerarn: en
ie
-
.
Eee
=e
Eeaaconc seats
even, eae. ema
aa tadasec:
an, Eee ESA, une ete
Beene ‘oor erie een oe
rE
be genset one oy 7 aa etry
Fea dwt Sekiya se ee
Eire fe i oe nate at suarneruscenstes..
* jateectinn
ne ae br cece nd San © utement coms
emer ceria
Bo aoncce eseas atSes,
ce
= a
BB ae Soe te Mpg mae et. Be aan raemenees
ae hime
moe!
a ee mh. Ses a eeeen
oe
poeiseren sea
Be Sanat pees rae:
EEE
ima ra ipo peace Seat Soptmerenrcanr
sone remeer
ecnnrerrey weirs Seiwa
(E
bese est a Sictnsadehstfae
EeStratenaoarna eet
ons Beor
ee tee Donia, PoaSt, he
i aot
Baw
ge
ae t an. A-0.0,
en
won iS es» | NES ONDRIVd STaSSsOOV
(@)[ v] =| NSIS AVMY-MOL @ | a] su] SNDEVd F1eISSyOOy C3).
“Vv
spapee
eat weir
yee seer a
Boer
eames,
ears sone SFB a8 ce rene sige Tom ao LL
SHOE HUA TONAL eva is
eam aosOD
‘a0
| nesoar ses: a
sy
a cor oe oe
cana 160d FLO
i meicoaes
tom
sean eer
Fase
\
is ‘eitetares sgmnage
Siren: sepia sans
— et AGue"ou vonaatst 8G ot
aan 18091 wee wy cavedrat
itis
W rg 28 10 nce we cuuyooD . Besoogen ow Senta ore ot dA
riue 3 Naha CMOS oon P IRNo Io7 24 Seen gate anwar)
ar iune A
(Bano hut Sau eco
P—nvloosos aatacl oma eek
satis cumin ee OT
Bee carcow
Mev UROL OUND oe Testaano { I Ss
pan,
Vaal
#4 a2 a NWId Ais (3).
weaned
aires oe
ee soe erazyeuemeneae
BF RTT SSB,
some
‘UST ST Se oes,
“3 a>
Bloc Lene
ms, eo
Lele LEE ed, Udy Nt
ITELTTTOTVVIT SL
eo
eee
ia No ed TT LTT) he
Oana ene
~>: Bar _ Sans 7
ot) cot
6 ws pce)
iitsored
ae eed 35K" Binnie ce sin au. oY My PTT 2s ert re
JHT =
LULU LUAU ELL LU “| LEP JALAL ULLUOU ELLE LOLLELD Ed
“%
S
b g 2
“s# é
%
GENEMAL NOTES 7
win ove tyshai Nato 28h atc (orglen,
\LHC
Atte shale permed
‘en bate pee Aranaatiy 4 exsteg bartoie vewiee
‘Seve imnactiael ip hae rb and ceeranitnee fe d
Bacay stort
‘ded 04h concorde my era‘aOm eerknctr wok ol Ft ee iaoe oer a (pssst = Ba pce me ©
{284 724 neve the mecersh Uh
bk l Tn sequal ayprevtde oe rh try wing ohne TAG,
epee wok eh yi
Gow o compan hecherwohOv emerson Beka Iara FESESE
0 Bt nedo ca: orn psn
Scion Boral ta na baal {ebihaes Br,
Sapircion heme tha ate oF be cownelPeary alone hte Provide
4
Tadcon Pe Ravina comply rearect wth alla patoreed
‘dndopiate
watgaiha ane hh the borgcoe 9 For seve anes shen aomtntion a8 tity =
am a
‘bevay Ops thn ma bang ema wi corpirca af AC regen ae
ne an oscones, evione Pat eonselatanick
Std eens weer atte 2 thAmnon at ae 1!
SHR
) 3
‘ropes cndir 12 ba APERCDUAtb UT OFRIBIL TEN AEF saeco oe ee
"2p no ctor 8
pete ry canhcinThataneg carter het roo kata euro i
1 tn cae be in fore mypkbachsoak wrens exe teh carb ote
cn of ae ea a a
ocular teams Pa te fo wh BY erat, pacang ea
seaenerba cowecier
exces
ex ove Oe tating
Pome
chewed
ey
tan
foe cpiton incon 5a ie ke
26
‘ncn rg trchan gna rmove Sb Sinan occ troue sone cle te
aditsees:
rapa spo on a aes, lad wt, dnc nth work, a
“ Wawa W's cit onion erere beeen Om ie ed ie soe ty ne
coe Napimratieg alee weedy mated therine
‘na o6 Su cers sae ony tsb Een,
ve comacter
ott ore dolatns cr tg ere to rwott
pore ie
pecan
‘culveiten tore 2 aha
moh
te cae
atest 8 be coun ore Be a
‘Coonobie of ara eper tio in eet nS Z.
viwerk
Sonsnon
motes amin haena
in gma re Yat
ana davon seo
ta fenan bed eae Socsele Tet Be.
‘ewe ri arct MEAT
an oo
‘eecona repoty £1 re cov: tetaol asteriton chat to songs alta
oat company te Wed Vo fo
roger Set
iewae
"alZorro
i ecalregadore
tora toA teNeeskre lbovstaged
Contry nin be Cer,
an rected
fo im ove fece C6 te rity 86
coipy
reAttcare
epropstah pong pratactc dn sine. ‘Geneon set fanoval Be hilssrerey ow cater tt
dcr 69 Oe wevaged far rane, sol Seve eee
Prolaed fam denage stlvagee ue tra beaypersind waren aosseta eHdad
wane
sage en tore teqperatisy
al ae to mplace anor Palen Sy Rens aches
he cove of extlaet apartion Oo!
corer antennaDa
1a eepanotea fale tno of
aruas Bansby teleage
tenon tomsrk tofor omar ew oom
atch claro, wtecp Ae
nee alee eet prepara
2 seatine Eerkaa ache omer i eat ocgara ‘otee ae
on Tn Be apaciiect seco daicn wilsnahtactrre
Preview
sangre apy oo ys FILED ( GERALD LAU (SBN 209301) ti - PRUDENTIA. LAW CORPORATION’ \ $33 Airport Blvd.,. Suite 400 ERK oy Burlingame, CA 94010 fT OF CA Telephone: (650) 268-8128 GLAR: Facsiinile: (650) 434-5688. BY. verry Email: gerald@prudentialaw.com Attorneys for Defendant we Vietnam Town Condominium Owners Association + SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 9 10 SAN'FRANCISCO PIZZA INC., TAN CASE NO, 17CV318151 NGUYEN, NGHIA NGUYEN, and KIM lI THUY HO DECLARATION OF JOSEPH NGUYEN IN OPPOSITION TO PLAINTIFFS’ EX 12 Plaintiff/Petitioner, PARTE APPLICATION FOR A TRO AND Be Ze AN OSC TO SHOW CAUSE RE 13 Vv, PRELIMINARY INJUNCTION mae 14 VIETNAM TOWN CONDOMINIUM Date: November 6, 2017 uo OWNERS ASSOCIATION, MATRIX mee 15 ASSOCIATION MANAGEMENT, Time: 9AM JOSEPH NGUYEN, LAP T. TANG, © 16 MICHAEL JOHNSON, DAVID Dept. TBD ALVARADO, and Dees 1 thru ‘10, 7 inclusive Judge: TBD 18 Defendants/Respondents 19 20 I, Joseph Nguyen, declare: 21 1 1 am the President of the Vietnam Town Condominium Owners Association (the 22 “Association”) anda member of its Board of Directors (the “Board”). 23 2. The matters stated herein are known to’me personally, and if called and sworn as a 24 witness 1 could competently testify thereto. 25 3 Vietnam Town consists of one hundred (115) units and is located at 909-999 Story 26 Road in San Jose, California. 27 4, Gas lines are installed only for units that are not prohibited from restaurant use. 28 -1- DECLARATION OF JOSEPH NGUYEN men oe © ®@ 5 On August 13, 2017, I received an email from Jennifer Tran stating that her gas line (unit 9039) had been cut/stolen. A true and correct copy thereof is attached hereto as Exhibit A. 6 Plaintiffs accessed the Building Common Area for a purpose that was not intended, since unit 9015 was not intended to-have gas and be used for a restaurant. 7 Plaintiffs have done work in their unit without approval in writing by the Board. 8 The Board did not even-receive the plans and specifications in writing until October 17,2017 by letter from Plaintiff's counsel requesting approval. A true and correct copy of the letter is attached hereto as Exhibit B. 9 This request was denied by letter to Plaintiff's counsel on October 30, 2017, and the W plans were disapproved. A true and correct copy of the letter, the exhibit comprised of the CC&Rs 1 omitted, is attached hereto.as Exhibit C. 12 10 The Board never approved unit 9015: to be used as a restaurant. be Ze 13 1 The Board never approved Plaintiffs” installation of the gas meter, ne 14 12. The Board never approved Plaintiffs’ tap of their neighbors’ gas lines. > mee 15 13, The Board never approved any of Plaintiffs’ plans regarding unit 9015, and in fact © 16 disapproved them. 17 14, The Vus entered into a settlement agreement with the Association, a true and correct 18 copy of which. is attached hereto‘as Exhibit D. 19 15. The Association engaged Aquatek Plumbing, Inc. to restore the gas.line to 9042, the 20 unit to whom it was assigned. 21 16, The gas line has been restored, and the work was approved by the city. 17. If this injunction is granted, it will send a message to other owners of units that they 23 can ignore and violate the CC&Rs and the rights of neighboring owners, which will cause 24 tremendous damage to all of Vietnam Town. 25 1B. I declare under penalty of perjury under the laws ofthe, State of California that the 26 foregoing is true and correct, and that this declaration was executed at San Jose, California on. 27 November 2, 2017. 28 -2- DECLARATION OY JOSEPH NGUYEN @ wel Joseph Nguyen 10 i 12 Ee Ze 13 mad as me 14 pez 1S 16 17 18 19 20 2i 22 23 24 25 26 27 28 -3- DECLARATION OF JOSEPH NGUYEN EXHIBIT A cone oe omens 99000°T-Mobil E is 3:45 PM: @ 763 ox < “NM werner yireicvorn- qavauvarrorwyenuu vert . protaxcorp88 @ gmail.com; protaxcorp @yahoo.com; joany619@yahoo.com; jewelz408@ yahoo.com; jrne408 @gmail.com; tangmedia@gmail.com; michael4realty@yahoo.com Subject: REPORTING - GAS LINE FOR UNIT 9039 HAS BEEN CUT/STOLEN My name is Jenniter Tran, the owner of unit.9039 and | would like to info you all that my gas line has been cut and now being connected to the unit 9015. The dangerous part is that the main gas line inside my unit is currently opening and the whole building could be explored when PG&E install the meter and apply gas fo the gas fine. Therefore, | am requesting the HOA and Board of Directors to immediate take action to prevent a disaster could be happened anytime to the building. Also, in according to the CC&R; Exhibit D, the gas line and grease interceptor have been approved by the City and dedicated to the unit 9039. Therefore, | request that the HOA and Board of Director to protect my rights. Please advise your action and comment by COB Wednesday, 2 QNES&e August 16,.2017. | will proceed further legal action if | do.not receive any response from the HOA and/or the Board of Director by Wednesday. Thank you for your prompt attention to this email. Regards, Jennifer Tran trananhjennifer@acl.com nnn F 4 EXHIBIT B LAW OFFICES OF MICHAEL G. ACKERMAN ATTORNEY AT LAW 2391 THE ALAMEDA SUITE 100 SANTA CLARA, CALIFORNIA 95050 TELEPHONE: (408) 261-5800 PAX; (408) 261-5900 MICHAEL G. ACKERMAN October 17, 2017 Vietnam Town Condominium Owners Ngoc Bui Association Board Members 999 Story Road, Suite 9090 San Jose, CA 95122 Joseph Nguven 6036 Stevenson Bivd. Fremont, CA 94538 Khanh Cao Huu Joany Yuin 989 Story Road, Suite 8063 3005 Silver Creek Road San Jose, CA.95122 San Jose, CA 95121 Re: Unit 90135 Our File No.: 10962-001 Vietnam Town Condominium Owners Association: As you are aware, we represent San Francisco Pizza, Inc., Tan Nguyen, Nghia Nguyen and Kim Thuy. Ho, the tenant and owners of Unit9015 in Building 999, Based upon the lawsuit brought by Amy ‘Vu and Cuong Vu it has been made apparent that the Board.of Directors for the Association has failed miserably to meet its responsibilities to manage the Condominium complex, instead delegating its duties and responsibilities to David Alvarado of Matrix Association Management. Itis ironic that Amy Vu, who filed the lawsuit.claiming that it was the Board's responsibility to manage the complex, was at one time amember of the board and resigned on July 15,2015, complaining that every board meeting was.cancelled during her brief tenure on the board and that the board was not managing Mr. Alvarado, it was the other way. around. She knew from her own'personal experience that the board had abandoned all responsibility for the complex and delegated its resonsibilties to Mr. Alvarado. Based on the foregoing it is our belief that Mr. Alvarado, orally , in emails and by his conduct and actions, approved'the use of Unit 9015 as a restaurant on behalf of the Association. However, we are including with this letter a copy of the plans for the San Francisco Pizza restaurant, which have already been approved by the City of San Jose, and request that the Board formally approve Unit 9015, pursuant to Exhibit D of the Declaration, as a restaurant. @ Vietnam Town Condominium Owners Association Board Members October 17, 2017 Page 2 As is set forth above, we firmly believe that this approval has been given by Mr. Alvarado, which approval our clients have relied upon and spent in excess of $450,000 in having plans drawn, applying for permits, building out the restaurantand advertising the business. We ask that this approval be given within fifteen days (15) of the date of this letter. If we do notreceive a response within fifteen days, we will file suit for declaratory relief and for damages for negligent misrepresentation. We will have no choice but to join in the lawsuit all of the other restaurants at the complex to assure that they also have been or will be given approval by the Board to operate as a restaurant, including Units 9042 and 9045 that we believe were combined as one Unit without Board approval. It is our hope to avoid the expense and time consumption of a lawsuit through a negotiated resolution. We are dpen.to a mediation being held with all Unit owners present to resolve these issues throughout the complex. The lawsuit with Mr. and Mrs. Vu was settled-without disclosing the'specific terms. There was a vague referenceto a gas line being provided by the Association to Mr. and Mrs. Vu. We have verified with Pacific Gas & Electric Company that once a gas meter has been connected to a gas line and has been tested and approved by the City of San Jose, the meter and gas line are no longer the property of the Association but-instead are the property of Pacific Gas & Electric Company and the owner of the Unit to which the line is connected. Should anyone tamper with the meter and/or line connected to Unit 9015, we will immediately take action to report this to Pacific Gas & Electric Co, and to file suit for trespass and damages, We look forward to receiving your response to this letter within the next fifteen days. Very truly yours, _, LAW OFFICES 3 OF MICHA L.G_ACKERMAN ee (PaOlViele “4 fo 4 YICHABL f ACKERMAN MGA:cjs co: Daniel J. Mash, Esq. coe Anne Acuna, Esq.” ce: client CAMyDees\Nguyen, TWietsamTownCondoAssoc. 101617 32 - 7 ¥ 3 SAN TENANT FRANCISCO PIZZA LHC ut IMPROVEMENT “HC, Design, ELLE. nD Hes Dest, fac Letteon fee. repack 999 STORY RD. SUITE 9015 SAN JOSE, GA 95122 Bic DRAWING INDEX SYNBOI, TABULATION VICINITY wp 9 “a wen ns oc Bare | GE Ree, SAN SUSE, CA 540 es Bere aes ea > or it rm a a ee Sue mate pResoo ae ior Ge ae xo ssewteit ~ nexionen: HAU-OBING LIAO, AIA say ‘ EER ia pa ee, err ae, es BURRS te ns AMAL BEY, ASSOC. ATA FE RiBBR an mecce some meg y gomces SARATOGA, Ca E010 o~ Seoreec serena 5398 or FRc ae ‘TEL: (408) 483-2831 Bee rag amt es : @— mar... iH Saesaterane BRS © Setseawee wena anor oe Re eae 0, ey aoa PROJECT DESCRIPTION a nse eae, mx Fegyres aor omenpet peat 58 1 ee ee - See SONS rater 4O. ABBREVIATION GENERAL NOTES eTE - 3 BR AEE ee cripigngemwoa aa tccomaciis ‘geen eee per ionsnser Bg = |= DEFERRED SUBMITTALS: REAReset ewan norecacee R ny J. AUTO SPRINKLER BODIFICATIONS, * preetomomuneene SBE anna canes actrees eae eee Forte moran a a 2, FIRE. ADARM sens cea: peneees ites orien & 19 See Otte Seer + pmeigcag nner ats ae nore cartv0 we Seu RE me me CCT *gow ap ren arearmen ‘ara oe ee Sno aS Seen 1 camiconon SearsPROT aha mo eR aie tat ese ACCES: EXISTING BULDINGS FORM 4 ewer nisipeor i& * pawns ccerarn: en ie - . Eee =e Eeaaconc seats even, eae. ema aa tadasec: an, Eee ESA, une ete Beene ‘oor erie een oe rE be genset one oy 7 aa etry Fea dwt Sekiya se ee Eire fe i oe nate at suarneruscenstes.. * jateectinn ne ae br cece nd San © utement coms emer ceria Bo aoncce eseas atSes, ce = a BB ae Soe te Mpg mae et. Be aan raemenees ae hime moe! a ee mh. Ses a eeeen oe poeiseren sea Be Sanat pees rae: EEE ima ra ipo peace Seat Soptmerenrcanr sone remeer ecnnrerrey weirs Seiwa (E bese est a Sictnsadehstfae EeStratenaoarna eet ons Beor ee tee Donia, PoaSt, he i aot Baw ge ae t an. A-0.0, en won iS es» | NES ONDRIVd STaSSsOOV (@)[ v] =| NSIS AVMY-MOL @ | a] su] SNDEVd F1eISSyOOy C3). “Vv spapee eat weir yee seer a Boer eames, ears sone SFB a8 ce rene sige Tom ao LL SHOE HUA TONAL eva is eam aosOD ‘a0 | nesoar ses: a sy a cor oe oe cana 160d FLO i meicoaes tom sean eer Fase \ is ‘eitetares sgmnage Siren: sepia sans — et AGue"ou vonaatst 8G ot aan 18091 wee wy cavedrat itis W rg 28 10 nce we cuuyooD . Besoogen ow Senta ore ot dA riue 3 Naha CMOS oon P IRNo Io7 24 Seen gate anwar) ar iune A (Bano hut Sau eco P—nvloosos aatacl oma eek satis cumin ee OT Bee carcow Mev UROL OUND oe Testaano { I Ss pan, Vaal #4 a2 a NWId Ais (3). weaned aires oe ee soe erazyeuemeneae BF RTT SSB, some ‘UST ST Se oes, “3 a> Bloc Lene ms, eo Lele LEE ed, Udy Nt ITELTTTOTVVIT SL eo eee ia No ed TT LTT) he Oana ene ~>: Bar _ Sans 7 ot) cot 6 ws pce) iitsored ae eed 35K" Binnie ce sin au. oY My PTT 2s ert re JHT = LULU LUAU ELL LU “| LEP JALAL ULLUOU ELLE LOLLELD Ed “% S b g 2 “s# é % GENEMAL NOTES 7 win ove tyshai Nato 28h atc (orglen, \LHC Atte shale permed ‘en bate pee Aranaatiy 4 exsteg bartoie vewiee ‘Seve imnactiael ip hae rb and ceeranitnee fe d Bacay stort ‘ded 04h concorde my era‘aOm eerknctr wok ol Ft ee iaoe oer a (pssst = Ba pce me © {284 724 neve the mecersh Uh bk l Tn sequal ayprevtde oe rh try wing ohne TAG, epee wok eh yi Gow o compan hecherwohOv emerson Beka Iara FESESE 0 Bt nedo ca: orn psn Scion Boral ta na baal {ebihaes Br, Sapircion heme tha ate oF be cownelPeary alone hte Provide 4 Tadcon Pe Ravina comply rearect wth alla patoreed ‘dndopiate watgaiha ane hh the borgcoe 9 For seve anes shen aomtntion a8 tity = am a ‘bevay Ops thn ma bang ema wi corpirca af AC regen ae ne an oscones, evione Pat eonselatanick Std eens weer atte 2 thAmnon at ae 1! SHR ) 3 ‘ropes cndir 12 ba APERCDUAtb UT OFRIBIL TEN AEF saeco oe ee "2p no ctor 8 pete ry canhcinThataneg carter het roo kata euro i 1 tn cae be in fore mypkbachsoak wrens exe teh carb ote cn of ae ea a a ocular teams Pa te fo wh BY erat, pacang ea seaenerba cowecier exces ex ove Oe tating Pome chewed ey tan foe cpiton incon 5a ie ke 26 ‘ncn rg trchan gna rmove Sb Sinan occ troue sone cle te aditsees: rapa spo on a aes, lad wt, dnc nth work, a “ Wawa W's cit onion erere beeen Om ie ed ie soe ty ne coe Napimratieg alee weedy mated therine ‘na o6 Su cers sae ony tsb Een, ve comacter ott ore dolatns cr tg ere to rwott pore ie pecan ‘culveiten tore 2 aha moh te cae atest 8 be coun ore Be a ‘Coonobie of ara eper tio in eet nS Z. viwerk Sonsnon motes amin haena in gma re Yat ana davon seo ta fenan bed eae Socsele Tet Be. ‘ewe ri arct MEAT an oo ‘eecona repoty £1 re cov: tetaol asteriton chat to songs alta oat company te Wed Vo fo roger Set iewae "alZorro i ecalregadore tora toA teNeeskre lbovstaged Contry nin be Cer, an rected fo im ove fece C6 te rity 86 coipy reAttcare epropstah pong pratactc dn sine. ‘Geneon set fanoval Be hilssrerey ow cater tt dcr 69 Oe wevaged far rane, sol Seve eee Prolaed fam denage stlvagee ue tra beaypersind waren aosseta eHdad wane sage en tore teqperatisy al ae to mplace anor Palen Sy Rens aches he cove of extlaet apartion Oo! corer antennaDa 1a eepanotea fale tno of aruas Bansby teleage tenon tomsrk tofor omar ew oom atch claro, wtecp Ae nee alee eet prepara 2 seatine Eerkaa ache omer i eat ocgara ‘otee ae on Tn Be apaciiect seco daicn wilsnahtactrre