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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-04-2012 11:24 am
Case Number: CUD-12-642898
Filing Date: Oct-04-2012 11:23
Filed by: MARYANN E. MORAN
Juke Box: 001 Image: 03791213
COMPLAINT
HOGAN AND VEST, INC., A CALIFORNIA CORPORATION VS. AARON
WILLIAMS et al
001003791213
Instructions:
Please place this sheet on top of the document to be scanned.27
28
JOSEPH A. SACRAMENTO, ESQ. (122860) Ww
DAVID J. FORAN, ESQ. (161790) rt od L ER Dd
LAW OFFICES OF JOSEPH A. SACRAMENTO Gonty oF San rege emia
1489 Webster Street, Suite 248 aes
San Francisco, CA 94115 OCT 0 4 2012
Telephone: (415) 775-0891 CLERK O
Fax:(415) 775-1350 F THE CO}
Attorney for: Plaintiff BY: ™. Qn URT
HOGAN and VEST, INC., a California Corporation Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
SAN FRANCISCO COUNTY - LIMITED CIVIL JURISDICTION
HOGAN and VEST, INC., a California )
No. CUD-12-642898
Corporation, )
)
Plaintiff, ) AMENDED
) COMPLAINT OF UNLAWFUL DETAINER
vs. } (Nonpayment of Rent)
AARON WILLIAMS, )
and DOES I - X, }
Defendant. }
Plaintiff complains of defendant and for cause of action alleges:
1. Defendant, at all times mentioned herein, did and does now reside in the above-
described Judicial District. The real property, possession of which is sought in this action, is
situated in the City and County of San Francisco, State of California, in the above-described
Judicial District.
2. Plaintiff does not know the true names of Defendants DOES I - X, and prays leave to
amend this Complaint when true names and capacities are ascertained.
3. Plaintiff has the authority to sue as the real party in interest pursuant to a contract with
the trustees of the LOWE HONG TRUST the owner of the premises located at 1115 Taylor
Street, #4, San Francisco, California 94108, (hereinafter “subject premises.”) On or about
December 21, 1992, by written agreement, plaintiff's agent rented the subject premises to
AMENDED COMPLAINT 127
28
defendant. By the terms of said written agreement, defendant promised to pay rent in the amount
of $790.00, payable in advance on the first day of each and every month. The current monthly
rent is $1,030.00. By the terms of said agreement, said defendant went into possession of the
subject premises. Defendant continues in possession of the subject premises. Plaintiff is
defendant’s landlord under the terms of the above written agreement.
4. Plaintiff has performed all covenants of said agreement, both expressed and implied,
including the implied covenant of warranty of habitability.
5. By the terms of said agreement, certain sums for rent became due to plaintiff by
defendant and were not paid. A true and exact accounting of the sums due and unpaid and for
which rental periods is attached, marked “Exhibit A,” and incorporated by reference herein.
6. On September 5, 2012, plaintiff caused defendant to be served with a written notice
stating the amount of rent due and requiring payment as set forth therein or possession of the
subject premises within three days after service of the notice. A true and exact copy of said notice
is attached, marked “Exhibit A,” and incorporated by reference herein. A true and exact copy of
the proof of service of the three day notice is attached, marked “Exhibit B” and incorporated by
reference herein. More than three days elapsed since the service of the notice, but no part of the
rent, the sum of $4,120.00, has been paid and plaintiff is entitled to possession of said premises
and said sum of unpaid rent.
7. Plaintiff and this action comply with San Francisco Administrative Code Chapter
37.9(a), Subsection (1) enacted in 1979 and amended thereafter, in that the tenant has failed to
pay the rent to which the landlord is lawfully entitled under the rental agreement between the
tenant and the landlord.
8. The reasonable rental value of said premises is $34.33 per day, and plaintiff has
sustained and is sustaining damages in that sum per day by reason of defendant’s unlawful
detainer.
9. One of the terms of the rental agreement provides for reasonable attorney’s fees to
be recovered by the prevailing party in any action to enforce the terms thereof. Plaintiffs have
AMENDED COMPLAINT 2been
compelled to bring this action because of defendant’s breach and has incurred attorney’s fees
as a result thereof.
Date
WHEREFORE, plaintiff prays for Judgment as follows:
1. Restitution of the subject premises;
2. Rent in the amount of $4,120.00, as above alleged;
3. Damages at the rate of $34.33 per day from October 1, 2012, and for so long as
defendant continues in possession of said premises without permission or approval of
plaintiff to and including the date of judgment herein;
4. For costs of suit;
5. For reasonable attorney's fees;
6. For forfeiture of the lease; and
7. For such other and further relief as the Court deems
just and proper.
a LAS [IE C \
DAVID J. FORAN, ESQ.
LAW OFFICES OF JOSEPH A. SACRAMENTO
Attorney for Plaintiff
HOGAN and VEST, INC.,
a California Corporation
AMENDED COMPLAINT 3wep ie see Foyer ene veo @ -~@
THREE-DAY NOTICE TO PAY OR OUIT
TO: Aaron Williams
remises located at 1115 Taylor Street #4, San Francisco,
Tenant(s) in possession of the Pp
other tenants/occupants in possession of the
Ca 94] 08 (“the Premises”), and to all
Premises:
¢ agreement by’ which you hold pessession of the
Notice is hereby given that under th
Premises, there is now due and unpaid rent for the Premises. Said rent was due in
advance and payable monthly as follows:
AMOUNT DUE PERIOD
DATE RENT MONTHLY RENT AMOUNT
BECAME DUE DUE PAID UNPAID COVERED
6/LN1L2 $1030.00 $0.00 $1030.00 6/1/12-6/30/12
JAA2 $1030.00 $50.00 $1030.00 7/1/12-7/31/12
8/1/12 $1030.00 $0.00 $1030.00 8/1/12-8/31/12
OSR/L2 $1030.00 $0.00 $1030.00 9/1/12-9/30/12
TOTAL SUM NOW DUE; $4120.00
WITHIN THREE DAYS after service of this notice, you are required to pay in full the
rent now due and unpaid, or 10 deliver possession of the Premises 10 the undersigned or
his authorized agent. Rent shal! be paid 10 Hogan and Vest, inc, the owner’s authorized
agent, whose office is located on the ground floor at 750 Pacific Avenue, San Francisco,
CA. 94133, tel # 415-421-7116 and whose usual days and hours of availability to receive
personal delivery of rent are Mondays through Fridays, 9:00am. to 5:00p.m., holidays
excepted.
full as specified above, or vacate the Premises within three
to initiate legal proceedings against you to declare a
to recover possession of the Premises, and to seek
date of this notice, together with damages
RENTS AND DAMAGES
ts, atiorney’s fees, and
Your failure to pay the rent in
days, will cause the undersigned
forfeiture of your rental agreement,
judgment for rent owed through the expiration
for each day of occupancy after that date, including TREBLE
for the unlawful detention of the Premises, together with court cos
other similar charges.
You are further notified that the undersigned elects to declare the forfeiture of rental
agreement under which you hold possession of the Premises if you fail to pay the rent in
full as demanded above.
You may wish to consult your attorney regarding this matter. You may seek advice from
the SAN FRANCISCO RESIDENTIAL KENT STABILIZATION & ARBITRATION
BOARD located at 25 Van Ness Avenue, suite 320, San Francisco, CA. 94102, for which
the telephone number is (415) 25 2-4602
/
Dated: September 5, 2012 HOGAN & VEST Inc., Aggn 79} EF 2
a ey ct 4 Ao
/ By Bernard G. Stalder ‘ ————
(
725/02 SF Kos
EXHIBIT ASERVICE
Paget ee
+ penalty of perjury that on August 30", 2012. 1
the following named parties in the manuer
(s) immediately preceding the manner(s) of
I, Avery Patentreger, declare unde:
served the following notice on each of
indicated below by an “X” in the planks
service employed:
x 3 Day Notice to Pay René or Quit
30 Dav Notice of Termination of Tenancy
3 Dav Notice to Perform Covenant or Quit
] personally delivered 2 copy of said notice to the following named
tenants) at the following address(es):
@
(2)
] left said notice with a person of an age of suitable discretion. at
, and sent a copy to the
# , San Francisco, Ca 941
following tenant(s) at the following address(es):
(a)
notice in a conspicuous'place on the following
tice to each tenant and postage paid from Hogan &
133 to the following named tenant(s) at
able age to be found at any known
_ x l affixed 2 copy of said
property; and mailed a copy of said no!
Vest, Inc., 750 Pacific Ave, San Francisco, Ca 94
the following address(es), there being no person of suit
place of business of said tenant/resident:
Mr. Aaron Williams, 1115 Taylor Street # 4, San Francisco, Ca 94108 at approx. Sam.
least eighteen (18) years of age. I declare under
f the State of California that the forgomg is wue and
executed on September 5% 2012 at approx.. 9am.
‘At the time of said service J was at
penalty of perjury under the Laws 0:
correct, and that this declaration was
Signature, 4 rey (en
Printed Name: Avefy Patentreger
Address: Hogan & Vest, Inc., 750 Pacific Avenue, San
Francisco, Ca 94133
EXHIBIT BSNR 49NAARH CO ManandVeet ARONA
Oct 03 12 04:43p Hogan and Vest 4154211943 p.
p.
OCT-3-2812 @8:34A FROM: e ‘¢
VERIFICATION
I, BERNARD STALDER, declare:
1 1am an agent of the plaintiff in this action.
2. [am an officer of HOGAN and VEST, INC., a California Corporation and property
management company. HOGAN and VEST, INC. is located at 750 Pacific Avenue, in the City and
County of San Francisco, California, 94133.
3 HOGAN and VEST, INC., entered into an agreement with the Trustees of the LOWE
HONG TRUST wherein HOGAN and VEST, INC. manages the Plaintiffs property located at 1115
| Taylor Street, #4, in the City and County of San Francisco, State of California and is also specifically
\| authorized to bring an unlawful detainer action as the real party in interest.
4. Under this management agrecment, HOGAN and VEST, INC. is responsible for
managing the day-to-day affairs of the building, including leasing and/or renting the apartments,
collecting rent from the tenants, coordinating maintenance on the property, and handling all accounting
matters for the building owners, the LOWE HONG TRUST.
5. Based upon the aforementioned facts, I am more familiar with the relevant facts of the
above-captioned matter than is the Trustees of the LOWE HONG TRUST.
6. Thave read the Amended Complaint filed herewith and know the contents thereof. The
same is true on my own knowledge, except as to those matters which are therein stated on information
| and belief, and as to those matters, I believe them to be true.
I declare under the penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on October 2.22 2012 at San Francisco, California.
AMENDED COMPLAINT 4
Yo
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A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-04-2012 11:24 am Case Number: CUD-12-642898 Filing Date: Oct-04-2012 11:23 Filed by: MARYANN E. MORAN Juke Box: 001 Image: 03791213 COMPLAINT HOGAN AND VEST, INC., A CALIFORNIA CORPORATION VS. AARON WILLIAMS et al 001003791213 Instructions: Please place this sheet on top of the document to be scanned.27 28 JOSEPH A. SACRAMENTO, ESQ. (122860) Ww DAVID J. FORAN, ESQ. (161790) rt od L ER Dd LAW OFFICES OF JOSEPH A. SACRAMENTO Gonty oF San rege emia 1489 Webster Street, Suite 248 aes San Francisco, CA 94115 OCT 0 4 2012 Telephone: (415) 775-0891 CLERK O Fax:(415) 775-1350 F THE CO} Attorney for: Plaintiff BY: ™. Qn URT HOGAN and VEST, INC., a California Corporation Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN FRANCISCO COUNTY - LIMITED CIVIL JURISDICTION HOGAN and VEST, INC., a California ) No. CUD-12-642898 Corporation, ) ) Plaintiff, ) AMENDED ) COMPLAINT OF UNLAWFUL DETAINER vs. } (Nonpayment of Rent) AARON WILLIAMS, ) and DOES I - X, } Defendant. } Plaintiff complains of defendant and for cause of action alleges: 1. Defendant, at all times mentioned herein, did and does now reside in the above- described Judicial District. The real property, possession of which is sought in this action, is situated in the City and County of San Francisco, State of California, in the above-described Judicial District. 2. Plaintiff does not know the true names of Defendants DOES I - X, and prays leave to amend this Complaint when true names and capacities are ascertained. 3. Plaintiff has the authority to sue as the real party in interest pursuant to a contract with the trustees of the LOWE HONG TRUST the owner of the premises located at 1115 Taylor Street, #4, San Francisco, California 94108, (hereinafter “subject premises.”) On or about December 21, 1992, by written agreement, plaintiff's agent rented the subject premises to AMENDED COMPLAINT 127 28 defendant. By the terms of said written agreement, defendant promised to pay rent in the amount of $790.00, payable in advance on the first day of each and every month. The current monthly rent is $1,030.00. By the terms of said agreement, said defendant went into possession of the subject premises. Defendant continues in possession of the subject premises. Plaintiff is defendant’s landlord under the terms of the above written agreement. 4. Plaintiff has performed all covenants of said agreement, both expressed and implied, including the implied covenant of warranty of habitability. 5. By the terms of said agreement, certain sums for rent became due to plaintiff by defendant and were not paid. A true and exact accounting of the sums due and unpaid and for which rental periods is attached, marked “Exhibit A,” and incorporated by reference herein. 6. On September 5, 2012, plaintiff caused defendant to be served with a written notice stating the amount of rent due and requiring payment as set forth therein or possession of the subject premises within three days after service of the notice. A true and exact copy of said notice is attached, marked “Exhibit A,” and incorporated by reference herein. A true and exact copy of the proof of service of the three day notice is attached, marked “Exhibit B” and incorporated by reference herein. More than three days elapsed since the service of the notice, but no part of the rent, the sum of $4,120.00, has been paid and plaintiff is entitled to possession of said premises and said sum of unpaid rent. 7. Plaintiff and this action comply with San Francisco Administrative Code Chapter 37.9(a), Subsection (1) enacted in 1979 and amended thereafter, in that the tenant has failed to pay the rent to which the landlord is lawfully entitled under the rental agreement between the tenant and the landlord. 8. The reasonable rental value of said premises is $34.33 per day, and plaintiff has sustained and is sustaining damages in that sum per day by reason of defendant’s unlawful detainer. 9. One of the terms of the rental agreement provides for reasonable attorney’s fees to be recovered by the prevailing party in any action to enforce the terms thereof. Plaintiffs have AMENDED COMPLAINT 2been compelled to bring this action because of defendant’s breach and has incurred attorney’s fees as a result thereof. Date WHEREFORE, plaintiff prays for Judgment as follows: 1. Restitution of the subject premises; 2. Rent in the amount of $4,120.00, as above alleged; 3. Damages at the rate of $34.33 per day from October 1, 2012, and for so long as defendant continues in possession of said premises without permission or approval of plaintiff to and including the date of judgment herein; 4. For costs of suit; 5. For reasonable attorney's fees; 6. For forfeiture of the lease; and 7. For such other and further relief as the Court deems just and proper. a LAS [IE C \ DAVID J. FORAN, ESQ. LAW OFFICES OF JOSEPH A. SACRAMENTO Attorney for Plaintiff HOGAN and VEST, INC., a California Corporation AMENDED COMPLAINT 3wep ie see Foyer ene veo @ -~@ THREE-DAY NOTICE TO PAY OR OUIT TO: Aaron Williams remises located at 1115 Taylor Street #4, San Francisco, Tenant(s) in possession of the Pp other tenants/occupants in possession of the Ca 94] 08 (“the Premises”), and to all Premises: ¢ agreement by’ which you hold pessession of the Notice is hereby given that under th Premises, there is now due and unpaid rent for the Premises. Said rent was due in advance and payable monthly as follows: AMOUNT DUE PERIOD DATE RENT MONTHLY RENT AMOUNT BECAME DUE DUE PAID UNPAID COVERED 6/LN1L2 $1030.00 $0.00 $1030.00 6/1/12-6/30/12 JAA2 $1030.00 $50.00 $1030.00 7/1/12-7/31/12 8/1/12 $1030.00 $0.00 $1030.00 8/1/12-8/31/12 OSR/L2 $1030.00 $0.00 $1030.00 9/1/12-9/30/12 TOTAL SUM NOW DUE; $4120.00 WITHIN THREE DAYS after service of this notice, you are required to pay in full the rent now due and unpaid, or 10 deliver possession of the Premises 10 the undersigned or his authorized agent. Rent shal! be paid 10 Hogan and Vest, inc, the owner’s authorized agent, whose office is located on the ground floor at 750 Pacific Avenue, San Francisco, CA. 94133, tel # 415-421-7116 and whose usual days and hours of availability to receive personal delivery of rent are Mondays through Fridays, 9:00am. to 5:00p.m., holidays excepted. full as specified above, or vacate the Premises within three to initiate legal proceedings against you to declare a to recover possession of the Premises, and to seek date of this notice, together with damages RENTS AND DAMAGES ts, atiorney’s fees, and Your failure to pay the rent in days, will cause the undersigned forfeiture of your rental agreement, judgment for rent owed through the expiration for each day of occupancy after that date, including TREBLE for the unlawful detention of the Premises, together with court cos other similar charges. You are further notified that the undersigned elects to declare the forfeiture of rental agreement under which you hold possession of the Premises if you fail to pay the rent in full as demanded above. You may wish to consult your attorney regarding this matter. You may seek advice from the SAN FRANCISCO RESIDENTIAL KENT STABILIZATION & ARBITRATION BOARD located at 25 Van Ness Avenue, suite 320, San Francisco, CA. 94102, for which the telephone number is (415) 25 2-4602 / Dated: September 5, 2012 HOGAN & VEST Inc., Aggn 79} EF 2 a ey ct 4 Ao / By Bernard G. Stalder ‘ ———— ( 725/02 SF Kos EXHIBIT ASERVICE Paget ee + penalty of perjury that on August 30", 2012. 1 the following named parties in the manuer (s) immediately preceding the manner(s) of I, Avery Patentreger, declare unde: served the following notice on each of indicated below by an “X” in the planks service employed: x 3 Day Notice to Pay René or Quit 30 Dav Notice of Termination of Tenancy 3 Dav Notice to Perform Covenant or Quit ] personally delivered 2 copy of said notice to the following named tenants) at the following address(es): @ (2) ] left said notice with a person of an age of suitable discretion. at , and sent a copy to the # , San Francisco, Ca 941 following tenant(s) at the following address(es): (a) notice in a conspicuous'place on the following tice to each tenant and postage paid from Hogan & 133 to the following named tenant(s) at able age to be found at any known _ x l affixed 2 copy of said property; and mailed a copy of said no! Vest, Inc., 750 Pacific Ave, San Francisco, Ca 94 the following address(es), there being no person of suit place of business of said tenant/resident: Mr. Aaron Williams, 1115 Taylor Street # 4, San Francisco, Ca 94108 at approx. Sam. least eighteen (18) years of age. I declare under f the State of California that the forgomg is wue and executed on September 5% 2012 at approx.. 9am. ‘At the time of said service J was at penalty of perjury under the Laws 0: correct, and that this declaration was Signature, 4 rey (en Printed Name: Avefy Patentreger Address: Hogan & Vest, Inc., 750 Pacific Avenue, San Francisco, Ca 94133 EXHIBIT BSNR 49NAARH CO ManandVeet ARONA Oct 03 12 04:43p Hogan and Vest 4154211943 p. p. OCT-3-2812 @8:34A FROM: e ‘¢ VERIFICATION I, BERNARD STALDER, declare: 1 1am an agent of the plaintiff in this action. 2. [am an officer of HOGAN and VEST, INC., a California Corporation and property management company. HOGAN and VEST, INC. is located at 750 Pacific Avenue, in the City and County of San Francisco, California, 94133. 3 HOGAN and VEST, INC., entered into an agreement with the Trustees of the LOWE HONG TRUST wherein HOGAN and VEST, INC. manages the Plaintiffs property located at 1115 | Taylor Street, #4, in the City and County of San Francisco, State of California and is also specifically \| authorized to bring an unlawful detainer action as the real party in interest. 4. Under this management agrecment, HOGAN and VEST, INC. is responsible for managing the day-to-day affairs of the building, including leasing and/or renting the apartments, collecting rent from the tenants, coordinating maintenance on the property, and handling all accounting matters for the building owners, the LOWE HONG TRUST. 5. Based upon the aforementioned facts, I am more familiar with the relevant facts of the above-captioned matter than is the Trustees of the LOWE HONG TRUST. 6. Thave read the Amended Complaint filed herewith and know the contents thereof. The same is true on my own knowledge, except as to those matters which are therein stated on information | and belief, and as to those matters, I believe them to be true. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 2.22 2012 at San Francisco, California. AMENDED COMPLAINT 4 Yo