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Philippe G. Davis, State Bar No. 147079
Law Office of Phihppe G. Davis
550 Hamilton Avenue, Suite 100
Palo Alto, CA 94301
Telephone (650) 327-1645
Attorneys for Plamtiff Oorg i in' -I >40urk
CDS FLOORING, INC.
dba Town A, Country Flooring Center ~-=OSR~~LI~
10
SUPERIOR COURT OF CALIFORNIA
l2
13 COUNTY OF SAN MATEO
LIMITEDJURISDICTION
15
16 CDS FLOORING, INC., a
Califorma corporation, dba
17 TOWN 8c COUNTRY FLOORING eLd581935
CENTER
18
Plaintiffs,
19 vs.
COMPLAINTTO FORECLOSE
20 JEFFREY WEINTRAUB,an individual, MECHANIC'S LIEN
VELMAVELASQUEZ, an AND FOR MONEY
21 individual, and DOES l— 10, inclusive,
22 Defendants,
23
24
COME NOW, plaintiff CDS FLOORING, INC., (hereinafter "CONTRACTOR")
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alleges as follows.
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Comolamt —Mechanic Lien
GENERAL ALLEGATIONS
1 Plaintiff CONTRACTOR is a California corporation duly organized and operating
under the laws of the State of Cahfornia and domg business in the State of Cahfornia under
the fictitious business name after filing such statement of TOWN & COUNTRY
FLOORING CENTER through its offices m the City of Woodside, County of San Mateo.
2. Defendants are individuals residing in the City of Redwood City, County of San
Mateo
3. Plaintiff is ignorant of the true names and capacities of those defendants sued herem
as Does 1 through 10, mclusive, and each of them, whether they be individuals, corporations,
partnerships, joint ventures, associations or other entities. Plaintiff sues these defendants by
10
such fictitious names. Plaintiffs will amend this complamt to allege their true names and
capacities when same have been ascertained.
12
4 At all times mentioned herein, defendants, including DEFENDANT OWNERS, and
Does I through 10, inclusive, whether individual, corporate, partnership, joint venture,
13
association or otherwise, and each of them, were the partners, jomt venturers, agents and/or
14 employees of their co-defendants, and in doing the thmgs herem alleged, were acting within
15
the course and scope of such partnership, joint venture, agency and/or employment and
under the direction of, and with the consent and permission, advance knowledge, and/or
16
subsequent iatification of their co-defendants.
17 5. At all times herein, DEFENDANT OWNERS were the owners or reputed owners of
all of the certain real property situated in the County of San Mateo, California, more
particularly described as follows
19
20 950 Elm Street, City of San Carlos
21
A.P.N. 071-232-090
22
FIRST CAUSE OF ACTION
23 COMMON COUNT —MATERIALSAND SERVICES RENDERED
24
6. Plaintiffs repeat and incorporate herein by this reference as if fully set forth,
25
Paragraphs 1 through 5
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27
Comolamt —Mechanic Lien
7. Within the last two years, at San Carlos, Cahfornia, DEFENDANT OWNERS
became indebted to Plaintiff CONTRACTOR for the agreed sum of $ 18,365.00 for
materials. equipment, work, labor and services furnished and performed for DEFENDANT
OWNER at their special request and for their benefit which they accepted for the
improvement of the above-referenced real property.
8 Neither the whole nor any part of the above agreed amount of $ 18,365.00 has been
paid to Plamtiff CONTRACTOR, although payment has been demanded from defendants.
9 Plaintiff CONTRACTOR has incurred attorney's fees and costs in connection with
this matter, in an amount to be deternuned at trial, wtuch fees plaintiff is entitled to recover
from Defendant pursuant to an agreement in writmg.
WHEREFORE, Plaintiffs prays judgment against defendants, and each of them, as
hereinafter set forth.
10
12
SECOND CAUSE OF ACTION
COMMON COUNT — QUANTUMMERUIT
13
14 10. Plaintiffs repeat and incorporate herein by this reference as if fully set forth,
Paragraphs 1 through 9.
15
11. Within the last two years, at San Carlos, California, Plaintiff CONTRACTOR
furnished valuable materials and equipment, and performed valuable work, labor and
17 services, the fair and reasonable value of which is $ 18,365.00 for DEFENDANT OWNER
at their special request and for their benefit which they accepted for the improvement of the
above-referenced real property
19
20 12 Neither the whole nor any part of the reasonable value of $ 18,365.00 has been paid
to Plaintiff CONTRACTOR, although payment has been demanded from defendants.
21
13 Plaintiff CONTRACTOR has incurred attorney's fees and costs in connection with
22
tlus matter, ui an amount to be determined at trial, wluch fees plaintiff is entitled to recover
23 from Defendant pursuant to an agreement in writing.
24
WHEREFORE, Plaintiff prays judgment against defendants, and each of them, as
25
hereinafter set forth
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27
28
Comolaint —Mechanic Lien
THIRD CAUSE OF ACTION
FORECLOSURE OF MECHANICS'IEN
14. Plaintiffs repeat and incorporate herein by this reference as if fully set forth,
Paragraphs I through 13.
15. After CONTRACTOR completed its work and materials, other construction work
continued and had not been completed and such other work continued after May 20, 2014.
16. After CONTRACTOR completed itswork and materials, CONTRACTOR served
a written Cahfornia Preliminary Notice on defendant OWNERS on May 20, 2014 via
10
certified mail, a true and correct copy of which is attached hereto and incorporated herein as
Extubit A
17 Thereafter, on or about October 7, 2014, CONTRACTOR duly filed and recorded
12
as Document No. 2014-091268 of the Official Records of the County of San Mateo,
13
California, its claim of hen duly verified by the oath of Steve Paganucci, Vice President of
CONTRACTOR, a true and correct copy of which is attached hereto and incorporated
15
herem as Exhibit 8
18 In this claim of hen, CONTRACTOR claimed a mechanics'ien on the work of
16
improvement and real property for the unpaid amount of $ 18,365.00 alleged above winch
17 price is the reasonable value of all labor, materials, services and equipment CONTRACTOR
furnished. CONTRACTOR has further incurred indebtedness in the sum of $ 3400, the
necessary costs of recordmg and verifying the claim of lien.
19
19 Defendants, including DEFENDANT OWNER, and each of them, have some right,
20 title and mterest m the above-described real property, the exact nature of which is unknown
21
to plaintiffs but which claims are subject and subordinate to the claim of hen of
CONTRACTOR
22
23 WHEREFORE, Plaintiff CONTRACTOR prays judgment against defendants, and each
of them, as hereinafter set forth.
25
27
28
Comolaint —Mechamc Lien
PRAYER
WHEREFORE, Plaintiffs pray for judgment agamst defendants as follows
1. On the First Cause of Action, for $ 18,365.00 plus attorney's fees and costs and
prejudgment interest according to proof.
2 On the Second Cause of Action, for $ 18,365.00 plus attorney's fees and costs and
prejudgment interest accordmg to proof.
3. Adjudging on the Third Cause of Action, that the rights, claims, ownership, hens,
titles and demands of defendants, and each of them, in the above-described real
property are subsequent to and subject to the lien of CONTRACTOR.
4. Adjudging on the Third Cause of Action that the mechanics'ien claimed in the
claim of lien, referred to above as Exhibit B, be foreclosed, and that the usual
~udgment be made for the sale of the property according to law by a commissioner
10
to be appointed by the court; that the proceeds of the sale be applied in payment of
the amounts of the claim of lien including interest at the rate of ten percent per
12
annum from May 20, 2014, to date of entry of ~udgment due to plaintiff
CONTRACTOR, and attorney's fees and costs; that each of the defendants and all
13
persons claimmg under any of them, subsequent to the mechanics'en of the
14 plaintiffs, whether as lien clannants, Judgment creditors, purchasers, encumbrancers,
15
or otherwise, be barred and foreclosed from all rights, claims, interests or equity of
redemption in the property and every part of the property when time for redemption
has passed.
17 5. Adjudging on the Third Cause of Action that if there is a deficiency of proceeds to
satisfy the amounts due to the plaintiff CONTRACTOR, judgment for the
deficiency be entered against the defendant followmg proceedings prescribed by
19
law
20 6 Periiutting plaintiffs to become purchasers at the foreclosure sale.
21
7 For such other rehef as the court deem ~ust.
22
Dated. December 29, 2014
23
24 PHILlk Pb G. DA~/
Attorney for Plaintiff
25
27
Comolamt —Mechanic Lien
VERIFICATION
5 I, STEVE PAGANUCCI, am an officer of CDS FLOORING, INC. the plaintiff in the
foregoing matter. I have read the foregoing COMPLAINT TO FORECLOSE
MECHANIC'S LIEN AND FOR MONEY, and it is true of my own behef
7
I declare under penalty of perjury under the laws of the State of Califorma that the
foregomg is true and correct, and that this Verification was executed on December 30, 2014,
at Palo Alto, Califoriua.
10
12
13
14
STEVE%KGANUCCI
15
16
17
18
19
20
21
22
23
24
25
27
EXHIBITA
CAUFORNIA PRELIMINARYNOTICE for PRIVATE WORKS
Pursuant to California Civil Code 5 8034 {a), 8102, 8110,
8106, 8200 et seq.
***THISiS NOT A UENa**
NOTICE TO PROPERTY ONNER, EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FUU„ ifthe person or firm that has given you this notice m not paid in
full for labor, service,
equipment,or matenal provided or to be prtndded to your construcbon
project, a fienmay be placed on your property. of the lien may
Foredosure
lead to loss of all or part of your property.
You may wish to protect yourself agamst this by I1) requinng your contractor to provide a signed release
by the person or firm
that has given you this nonce before mahtng payment to your contractor. or (2) any other method that is appropnate
under the circumstances.
This notice is required by law to be served
by the undersigned of your legal rights.
as a statement This notice ts not intended to refiect upon the finandal condition of the
contractor or petson employed by you on the construction project.
If you record
a notice of cessation
or completion of your
onstructton
project, you must within 10 days after recording, send
a copy of the notice o completion to your
contractor and the person
or firm that has given you this notice.
The nonce by r glstered
must be sent or cettified nail
Fadureto send
the notice will extend the
deadhneto record a claim of hen
You are not required to send the nobce d you are residential homeowner of a dwelhng containing four or fewer units.
TO
OWNER {or Reputed Owner): DIRECT CONTRACTOR {or Reputed Direct Contractor):
Name: gt'ys e Yo Name: Sk4'e-a I'~ Can S+~~ c 4 tj W
990 E/ Wh ~~I 23~ Wart'
(amah'ddress.
Address: 57
Ctty/SWAP:3~ O~„(.~
r
C< Vt- ii ~es H'+3~ asg sh 2 gringo f-I '. ~4M."i'c) I
For improvement of the property defined as: In the Afnount of:
Address: g
City/State/Z p: Q< C California~i Vu 7~
%ho Is aIt estimated amount, and Is not a
APN: OSI3M9c 5 or Description rimaaaon of dalmanl's final ainoent
Under contract with: 4poqt| Iy
COmpany Name +~~i. f Arcs&'ta. Ii License ¹
2z9S. 5'Oft' Sw
City/State/Zip: Q $ ~0 J) pg], ~+ California .h ~. o 3OV'-~» t
PROOF OF
SERAI E AFFIDAVIT{Pursuant to California Gvil Code 58106)
declare that I servedcopiesof the above Preliminary Notice for Private Works by:
teams/Iitto
Q dehvety to
personal at on
delivery to
personal at oil
to California Gvtl Code ti8110,
Pursuant or Cerbfied Mail, Express
vivat Registered Mail, or overnight delivery by an express to each of the partes and
semice earner
resectiveaddressesasltstedaboveon. I I 9Ihl3hl 4
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Q Pursuantto California Gvil Code 58106, vib regbtered
or certified Mail, express
mail, or overnight degvery by an express
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respective
addressesas listed above on
idee r der perjury that the foregoing is true and corect.
Signed ~V'f .. s~(> i(
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VERIFICATIQN
Pe 4aa~-I , the undersigned say I am a
corporate officer of theclaimant of the foregoing Claim of Mechanics'ien I have read said Claim
of Mechanics'ien and know the contents thereof, the same is true of my own knowledge
declare under penalty of perjury that the foregoing is true and correct
I
Executed on Octo er 7,2014, at WPL6 AC M ,California
Fl EVEN PAGANLICCI
NOTICE GF MECHANICS LIEN CLAIM
ATTENTION!
Upon the recording of the enclosed MECHANICS LIEN with the county recorder's
office of the county where the property is located, your property is subject to the filing
of a legal action seeking a court-ordered foreclosure sale of the real property on which
the lien has been recorded. That legal action must be filed with the court no later than
90 days after the date the mechanics lien is recorded.
The party identified in the enclosed mechanics lien may have provided labor or
materials for improvements to your property and may not have been paid for these
items. You are receiving this notice because it is a required step in filing a mechanics
lien foreclosure action against your property. The foreclosure action will seek to pay for
unpaid labor, materials, or improvements provided to your property. This may affect
I
your ability to borrow against, refinance, or sell the property until the mechanics lien is
release.
BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAYWISH TO SPEAK
WITH YOUR CONTRACTOR IMMEDIATELY,OR CONTACT AN ATTORNEY, OR FGR
MORE INFORMATION GN MECHANICS LIENS GG TO THE CONTRACTORS'TATE
LICENSE BOARD WEB SITE AT www.cslb.ca.aov.
PROOF OF SERVICE AFFIDAVIT
California Civil Code section 8416
Failure to serve the Mechanic's Lien and Notice of Mechanic's Lien on the owner, or alternatively if the
owner cannot be served on the lender or direct contractor, shall cause the Mechanic's Lien to be unenforceable
as a matter of law (Civil Code Section 8024(d)) Service of the Mechanic's Lien and Notice of Mechanic's Lien
must be by (1) registered mail, (2) certified mail, or (3)first-class mail evidenced by a certificate of mailing,
postage prepaid, and to a residence or business address for the owner, lender or contractor Further, a Proof of
Service Affidavit (below) must be completed and signed by the person serving the Mechanic's Lien and Notice of
Mechanic's Lien This page should be completed (either one of the sections below) and recorded with the County
Recorder along with the Mechanic's Lien and Notice of Mechanic's Lien
PROOF OF SERVICE AFFIDAVIT(ON OWNER)
California Civil Code section 8416(a)(7) and (c)(1)
(name), declare that I served a copy of this Mechanic's Lien and Notice
of Mechanic's Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing,
postage prepaid, addressed as follows to the owner(s) or reputed owner(s) of the property
Company/Person Served Jeffrey Weintraub and Velma Velasquez
Title or capacity of person served {ifappropnate) owners
Service address'50 Elm Street, San Carlos, CA 94070
Said service address is the owner's residence, place of business, or address showed by the building permit on
file with the permitting authority for the work.
2014 Palo Alto Santa Clara+ounty
Executed on (date) at t (county),
California
By
igignetertstof iier~Qki g sertrtest
ALTERNATE PROOF OF SERVICE AFFIDAVIT(ON LENDER OR DIRECT CONTRACTOR)
California Civil Code Section 8416(a)(7) and (c)(2)
I, (name), declare that the owner or reputed
owner cannot be served with a copy of this Mechanic's Lien and Notice of Mechanic's Lien by registered mail,
cerhfied mail, or first-classmail Pursuant to California civil Code section 8416(c ){2), I served a copy of this
Mechanic's Lien and Notice of Mechanic's Lien by registered mail, certified mail, or first-class mail evidenced by
a certificate of mailing, postage prepaid, addressed as follows to the construction lender or direct contractor as
follows
Company/Person Served
Title or capacity of person served (If appropnate)
Service address
Executed on ,20 (date) at (city), (county),
California
By
(Signature of person making service)
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Philippe G. Davis, State Bar No. 147079 Law Office of Phihppe G. Davis 550 Hamilton Avenue, Suite 100 Palo Alto, CA 94301 Telephone (650) 327-1645 Attorneys for Plamtiff Oorg i in' -I >40urk CDS FLOORING, INC. dba Town A, Country Flooring Center ~-=OSR~~LI~ 10 SUPERIOR COURT OF CALIFORNIA l2 13 COUNTY OF SAN MATEO LIMITEDJURISDICTION 15 16 CDS FLOORING, INC., a Califorma corporation, dba 17 TOWN 8c COUNTRY FLOORING eLd581935 CENTER 18 Plaintiffs, 19 vs. COMPLAINTTO FORECLOSE 20 JEFFREY WEINTRAUB,an individual, MECHANIC'S LIEN VELMAVELASQUEZ, an AND FOR MONEY 21 individual, and DOES l— 10, inclusive, 22 Defendants, 23 24 COME NOW, plaintiff CDS FLOORING, INC., (hereinafter "CONTRACTOR") 25 alleges as follows. 26 27 Comolamt —Mechanic Lien GENERAL ALLEGATIONS 1 Plaintiff CONTRACTOR is a California corporation duly organized and operating under the laws of the State of Cahfornia and domg business in the State of Cahfornia under the fictitious business name after filing such statement of TOWN & COUNTRY FLOORING CENTER through its offices m the City of Woodside, County of San Mateo. 2. Defendants are individuals residing in the City of Redwood City, County of San Mateo 3. Plaintiff is ignorant of the true names and capacities of those defendants sued herem as Does 1 through 10, mclusive, and each of them, whether they be individuals, corporations, partnerships, joint ventures, associations or other entities. Plaintiff sues these defendants by 10 such fictitious names. Plaintiffs will amend this complamt to allege their true names and capacities when same have been ascertained. 12 4 At all times mentioned herein, defendants, including DEFENDANT OWNERS, and Does I through 10, inclusive, whether individual, corporate, partnership, joint venture, 13 association or otherwise, and each of them, were the partners, jomt venturers, agents and/or 14 employees of their co-defendants, and in doing the thmgs herem alleged, were acting within 15 the course and scope of such partnership, joint venture, agency and/or employment and under the direction of, and with the consent and permission, advance knowledge, and/or 16 subsequent iatification of their co-defendants. 17 5. At all times herein, DEFENDANT OWNERS were the owners or reputed owners of all of the certain real property situated in the County of San Mateo, California, more particularly described as follows 19 20 950 Elm Street, City of San Carlos 21 A.P.N. 071-232-090 22 FIRST CAUSE OF ACTION 23 COMMON COUNT —MATERIALSAND SERVICES RENDERED 24 6. Plaintiffs repeat and incorporate herein by this reference as if fully set forth, 25 Paragraphs 1 through 5 26 27 Comolamt —Mechanic Lien 7. Within the last two years, at San Carlos, Cahfornia, DEFENDANT OWNERS became indebted to Plaintiff CONTRACTOR for the agreed sum of $ 18,365.00 for materials. equipment, work, labor and services furnished and performed for DEFENDANT OWNER at their special request and for their benefit which they accepted for the improvement of the above-referenced real property. 8 Neither the whole nor any part of the above agreed amount of $ 18,365.00 has been paid to Plamtiff CONTRACTOR, although payment has been demanded from defendants. 9 Plaintiff CONTRACTOR has incurred attorney's fees and costs in connection with this matter, in an amount to be deternuned at trial, wtuch fees plaintiff is entitled to recover from Defendant pursuant to an agreement in writmg. WHEREFORE, Plaintiffs prays judgment against defendants, and each of them, as hereinafter set forth. 10 12 SECOND CAUSE OF ACTION COMMON COUNT — QUANTUMMERUIT 13 14 10. Plaintiffs repeat and incorporate herein by this reference as if fully set forth, Paragraphs 1 through 9. 15 11. Within the last two years, at San Carlos, California, Plaintiff CONTRACTOR furnished valuable materials and equipment, and performed valuable work, labor and 17 services, the fair and reasonable value of which is $ 18,365.00 for DEFENDANT OWNER at their special request and for their benefit which they accepted for the improvement of the above-referenced real property 19 20 12 Neither the whole nor any part of the reasonable value of $ 18,365.00 has been paid to Plaintiff CONTRACTOR, although payment has been demanded from defendants. 21 13 Plaintiff CONTRACTOR has incurred attorney's fees and costs in connection with 22 tlus matter, ui an amount to be determined at trial, wluch fees plaintiff is entitled to recover 23 from Defendant pursuant to an agreement in writing. 24 WHEREFORE, Plaintiff prays judgment against defendants, and each of them, as 25 hereinafter set forth 26 27 28 Comolaint —Mechanic Lien THIRD CAUSE OF ACTION FORECLOSURE OF MECHANICS'IEN 14. Plaintiffs repeat and incorporate herein by this reference as if fully set forth, Paragraphs I through 13. 15. After CONTRACTOR completed its work and materials, other construction work continued and had not been completed and such other work continued after May 20, 2014. 16. After CONTRACTOR completed itswork and materials, CONTRACTOR served a written Cahfornia Preliminary Notice on defendant OWNERS on May 20, 2014 via 10 certified mail, a true and correct copy of which is attached hereto and incorporated herein as Extubit A 17 Thereafter, on or about October 7, 2014, CONTRACTOR duly filed and recorded 12 as Document No. 2014-091268 of the Official Records of the County of San Mateo, 13 California, its claim of hen duly verified by the oath of Steve Paganucci, Vice President of CONTRACTOR, a true and correct copy of which is attached hereto and incorporated 15 herem as Exhibit 8 18 In this claim of hen, CONTRACTOR claimed a mechanics'ien on the work of 16 improvement and real property for the unpaid amount of $ 18,365.00 alleged above winch 17 price is the reasonable value of all labor, materials, services and equipment CONTRACTOR furnished. CONTRACTOR has further incurred indebtedness in the sum of $ 3400, the necessary costs of recordmg and verifying the claim of lien. 19 19 Defendants, including DEFENDANT OWNER, and each of them, have some right, 20 title and mterest m the above-described real property, the exact nature of which is unknown 21 to plaintiffs but which claims are subject and subordinate to the claim of hen of CONTRACTOR 22 23 WHEREFORE, Plaintiff CONTRACTOR prays judgment against defendants, and each of them, as hereinafter set forth. 25 27 28 Comolaint —Mechamc Lien PRAYER WHEREFORE, Plaintiffs pray for judgment agamst defendants as follows 1. On the First Cause of Action, for $ 18,365.00 plus attorney's fees and costs and prejudgment interest according to proof. 2 On the Second Cause of Action, for $ 18,365.00 plus attorney's fees and costs and prejudgment interest accordmg to proof. 3. Adjudging on the Third Cause of Action, that the rights, claims, ownership, hens, titles and demands of defendants, and each of them, in the above-described real property are subsequent to and subject to the lien of CONTRACTOR. 4. Adjudging on the Third Cause of Action that the mechanics'ien claimed in the claim of lien, referred to above as Exhibit B, be foreclosed, and that the usual ~udgment be made for the sale of the property according to law by a commissioner 10 to be appointed by the court; that the proceeds of the sale be applied in payment of the amounts of the claim of lien including interest at the rate of ten percent per 12 annum from May 20, 2014, to date of entry of ~udgment due to plaintiff CONTRACTOR, and attorney's fees and costs; that each of the defendants and all 13 persons claimmg under any of them, subsequent to the mechanics'en of the 14 plaintiffs, whether as lien clannants, Judgment creditors, purchasers, encumbrancers, 15 or otherwise, be barred and foreclosed from all rights, claims, interests or equity of redemption in the property and every part of the property when time for redemption has passed. 17 5. Adjudging on the Third Cause of Action that if there is a deficiency of proceeds to satisfy the amounts due to the plaintiff CONTRACTOR, judgment for the deficiency be entered against the defendant followmg proceedings prescribed by 19 law 20 6 Periiutting plaintiffs to become purchasers at the foreclosure sale. 21 7 For such other rehef as the court deem ~ust. 22 Dated. December 29, 2014 23 24 PHILlk Pb G. DA~/ Attorney for Plaintiff 25 27 Comolamt —Mechanic Lien VERIFICATION 5 I, STEVE PAGANUCCI, am an officer of CDS FLOORING, INC. the plaintiff in the foregoing matter. I have read the foregoing COMPLAINT TO FORECLOSE MECHANIC'S LIEN AND FOR MONEY, and it is true of my own behef 7 I declare under penalty of perjury under the laws of the State of Califorma that the foregomg is true and correct, and that this Verification was executed on December 30, 2014, at Palo Alto, Califoriua. 10 12 13 14 STEVE%KGANUCCI 15 16 17 18 19 20 21 22 23 24 25 27 EXHIBITA CAUFORNIA PRELIMINARYNOTICE for PRIVATE WORKS Pursuant to California Civil Code 5 8034 {a), 8102, 8110, 8106, 8200 et seq. ***THISiS NOT A UENa** NOTICE TO PROPERTY ONNER, EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FUU„ ifthe person or firm that has given you this notice m not paid in full for labor, service, equipment,or matenal provided or to be prtndded to your construcbon project, a fienmay be placed on your property. of the lien may Foredosure lead to loss of all or part of your property. You may wish to protect yourself agamst this by I1) requinng your contractor to provide a signed release by the person or firm that has given you this nonce before mahtng payment to your contractor. or (2) any other method that is appropnate under the circumstances. This notice is required by law to be served by the undersigned of your legal rights. as a statement This notice ts not intended to refiect upon the finandal condition of the contractor or petson employed by you on the construction project. If you record a notice of cessation or completion of your onstructton project, you must within 10 days after recording, send a copy of the notice o completion to your contractor and the person or firm that has given you this notice. The nonce by r glstered must be sent or cettified nail Fadureto send the notice will extend the deadhneto record a claim of hen You are not required to send the nobce d you are residential homeowner of a dwelhng containing four or fewer units. TO OWNER {or Reputed Owner): DIRECT CONTRACTOR {or Reputed Direct Contractor): Name: gt'ys e Yo Name: Sk4'e-a I'~ Can S+~~ c 4 tj W 990 E/ Wh ~~I 23~ Wart' (amah'ddress. Address: 57 Ctty/SWAP:3~ O~„(.~ r C< Vt- ii ~es H'+3~ asg sh 2 gringo f-I '. ~4M."i'c) I For improvement of the property defined as: In the Afnount of: Address: g City/State/Z p: Q< C California~i Vu 7~ %ho Is aIt estimated amount, and Is not a APN: OSI3M9c 5 or Description rimaaaon of dalmanl's final ainoent Under contract with: 4poqt| Iy COmpany Name +~~i. f Arcs&'ta. Ii License ¹ 2z9S. 5'Oft' Sw City/State/Zip: Q $ ~0 J) pg], ~+ California .h ~. o 3OV'-~» t PROOF OF SERAI E AFFIDAVIT{Pursuant to California Gvil Code 58106) declare that I servedcopiesof the above Preliminary Notice for Private Works by: teams/Iitto Q dehvety to personal at on delivery to personal at oil to California Gvtl Code ti8110, Pursuant or Cerbfied Mail, Express vivat Registered Mail, or overnight delivery by an express to each of the partes and semice earner resectiveaddressesasltstedaboveon. I I 9Ihl3hl 4 a ( Q Pursuantto California Gvil Code 58106, vib regbtered or certified Mail, express mail, or overnight degvery by an express service camer to each of the parties and respective addressesas listed above on idee r der perjury that the foregoing is true and corect. Signed ~V'f .. s~(> i( Qs By using this fotm.youhaueteadihe rermsa Conditions and intense eamlnary ttottce.llc. Its attics, memtxesandemptoyaesotttahatty allomeyaslo thefotm'scompttancasdth pteasechechudlhyour slatestatute. ljf IWs,RFII["r:ftrrrre=„„, Wa 4I 5I=IKliil'IIII,: a.e: tT) 'll)iTrrl&iliIPiRILeii t gPr'Hi rliiw vi rr rory aaiivueriru a ii. i.i.- ~i, ) WiÃUtulAE'elilfii)rirpoetlmlcilils','r riitKFlcwvreir\il sirirll „ Q "6"lp'Vl"".-)AL 1 f $0.41 Ue 0212 E Postage $ U| Csr&Jd Fee Q.30 t3 t C3 Postmark Return Receipt Fse 40.00 Cl (Endorsement Required) Hers ) C3 Restricted DetrvIIry Fse 40.00 (Endorsement Required) C3 fU & Fees Total Postage $ I '"" Aq~ V@pz@cgw P- I "''""'T((fE(r Pg(t (/(/rC'( VERIFICATIQN Pe 4aa~-I , the undersigned say I am a corporate officer of theclaimant of the foregoing Claim of Mechanics'ien I have read said Claim of Mechanics'ien and know the contents thereof, the same is true of my own knowledge declare under penalty of perjury that the foregoing is true and correct I Executed on Octo er 7,2014, at WPL6 AC M ,California Fl EVEN PAGANLICCI NOTICE GF MECHANICS LIEN CLAIM ATTENTION! Upon the recording of the enclosed MECHANICS LIEN with the county recorder's office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. That legal action must be filed with the court no later than 90 days after the date the mechanics lien is recorded. The party identified in the enclosed mechanics lien may have provided labor or materials for improvements to your property and may not have been paid for these items. You are receiving this notice because it is a required step in filing a mechanics lien foreclosure action against your property. The foreclosure action will seek to pay for unpaid labor, materials, or improvements provided to your property. This may affect I your ability to borrow against, refinance, or sell the property until the mechanics lien is release. BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAYWISH TO SPEAK WITH YOUR CONTRACTOR IMMEDIATELY,OR CONTACT AN ATTORNEY, OR FGR MORE INFORMATION GN MECHANICS LIENS GG TO THE CONTRACTORS'TATE LICENSE BOARD WEB SITE AT www.cslb.ca.aov. PROOF OF SERVICE AFFIDAVIT California Civil Code section 8416 Failure to serve the Mechanic's Lien and Notice of Mechanic's Lien on the owner, or alternatively if the owner cannot be served on the lender or direct contractor, shall cause the Mechanic's Lien to be unenforceable as a matter of law (Civil Code Section 8024(d)) Service of the Mechanic's Lien and Notice of Mechanic's Lien must be by (1) registered mail, (2) certified mail, or (3)first-class mail evidenced by a certificate of mailing, postage prepaid, and to a residence or business address for the owner, lender or contractor Further, a Proof of Service Affidavit (below) must be completed and signed by the person serving the Mechanic's Lien and Notice of Mechanic's Lien This page should be completed (either one of the sections below) and recorded with the County Recorder along with the Mechanic's Lien and Notice of Mechanic's Lien PROOF OF SERVICE AFFIDAVIT(ON OWNER) California Civil Code section 8416(a)(7) and (c)(1) (name), declare that I served a copy of this Mechanic's Lien and Notice of Mechanic's Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the owner(s) or reputed owner(s) of the property Company/Person Served Jeffrey Weintraub and Velma Velasquez Title or capacity of person served {ifappropnate) owners Service address'50 Elm Street, San Carlos, CA 94070 Said service address is the owner's residence, place of business, or address showed by the building permit on file with the permitting authority for the work. 2014 Palo Alto Santa Clara+ounty Executed on (date) at t (county), California By igignetertstof iier~Qki g sertrtest ALTERNATE PROOF OF SERVICE AFFIDAVIT(ON LENDER OR DIRECT CONTRACTOR) California Civil Code Section 8416(a)(7) and (c)(2) I, (name), declare that the owner or reputed owner cannot be served with a copy of this Mechanic's Lien and Notice of Mechanic's Lien by registered mail, cerhfied mail, or first-classmail Pursuant to California civil Code section 8416(c ){2), I served a copy of this Mechanic's Lien and Notice of Mechanic's Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the construction lender or direct contractor as follows Company/Person Served Title or capacity of person served (If appropnate) Service address Executed on ,20 (date) at (city), (county), California By (Signature of person making service)