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TODD ROTHBARD
ATTORNEY AT LAW ¹67351
100 Saratoga Avenue, Suite 200 DE. 1 EGIN
Santa Clara, CA 95051
Tel (408)244-4200
Attorney for the Plaintiff
SUPERIOR COURT FOR THE sAN MATEo JUDICIAL DISTRICT
LIMITED CIVIL JURISDICTION
COUNTY OF sAN MATEQ ,STATE OF CALIFORNIA
PINNACLE AN AMERICANMANAGEMENT )
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SERVICES COMPANY
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Plaintiff,
VS )
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Ic:L Jl2 I 05 I59
12 FARRAH R BANNISTER aka FARRAH BANNISTER
COMPLAINT FOR
) UNLAWFULDETAINER
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DOES I through V, inclusive *The total damages sought
14 Defendant(s) in this case are UNDER $ 10,000
Plaintiff alleges
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18 At all times herein mentioned, plaintiff was, and now is, a corporation licensed
19 to do business in the State of California and doing business in the above entitled
20 County and Judicial Distnct
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23 The real property owned by plaintiff, possession of which is sought in this
24 action is situated at 1212 Whipple Avenue, Unit ¹416, Redwood City 94062
SAN MATEO County, California, in the above named
26 Judicial Distnct
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UNLAWFULDETAINER
1
The true names and capacities, whether individual corporate, associate, or
otherwise, of defendant(s) herein named as DOES I through V inclusive, are
3 unknown to plaintiff, who therefore sues said defendant(s) by such fictitious
4 names and prays leave to amend this complaint to show the true names and
capacities as they become known
IV
7 On Or abOut August 1,2014 , plaintiff leased to defendant(s) the
8 above descnbed premises on a twelvemonth basis pursuant to a wntten rental
agreement A copy of said agreement is attached hereto, marked "EXHIBIT A",
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and made part hereof
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By the terms of said agreement, defendant(s) were required to pay to plaintiff the
13 sum of $ 2,17000 each month as and for the rental of said premises, said
14 sum becomes payable each month in full as of the first day of each month
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16 VI
17 Defendant(s) are behind in the payment of rent $ 2,170 oo being the total rent
due and unpaid as of this date
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VII
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On December 24, 2014 ,plaintiff caused to be served on defendant(s)
a wntten notice stating the amount of rent due and requinng defendant(s) to pay the
whole thereof or deliver up possession of the premises within the three days after
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service of the notice A copy of said notice and a declaration of service of said
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notice are attached hereto, marked "EXHIBITB" and made a part hereof
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UNLAWFULDETAINER
VIII
More than three days have elapsed since the service of said notice
3 but no part of said rent has been paid. Defendant(s) remain in possession
4 of said premises without plaintiff's consent, plaintiff is entitled to possession
5 of said premises.
IX
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7 The reasonable rental value of said premises is the sum of
8 $ 7233 per day, and damages to plaintiff caused by defendant's unlawful
9 detainer will accrue at said rate from January 1 2015 and will
10 continue to accrue at said rate as long as defendant(s) remain in possession.
12 Said agreement provided for the payment of attorney's fees, costs, etc
13 to the prevailing party in the event of litigation to enforce its terms.
14 Plaintiff has been compelled to commence litigation and hence is entitled to
15 recover the sum of $ 600 00 as attorney's fees or such larger sum as may
16 prove justified pending proof at time of trial or heanng herein.
17 WHEREFORE, plaintiff prays judgment as follows:
18 1. For restitution of possession of said premises
19 2. For unpaid rent in the total sum of $ 2,17000
20 For damages at the rate of $ 7233 per day from
21 January 1, 2015 for each day defendant(s)
22 continue in possession of said prenises.
23 4. For attorney's fees of at least $ 600 oo
24 5. For costs herein, and for such other and further relief
25 as to the Court may seem just.
26 j
27 Dated December 31, 2014 TODD ROTHBARD
Attorney for the Plaintiff
28 -3-
U NLAWFUL D ETAI NE R
Verification
I,TODD ROTHBARD, hereby declare
Iam the attorney for the plaintiff in the above entitled action, and as such make
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this VERIFICATION for and on behalf of said plaintiff
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I have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER and
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know the contents thereof, and, based on information and belief, I believe said
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contents to be true and correct.
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The reason that the foregoing COMPLAINT is venfied by me and not by a
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representative of the plaintiff is that such representative is absent from the county
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where Ihave my office
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I declare, under penalty of per]ury, that the foregoing is true and correct, and
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that this VERIFICATION is executed on December 31, 2014 at Santa Clara, Santa
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Clara County, California
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TODD ROTHBARD
18 LAW OFFICES OF TODD ROTHBARD
Attorney for Plaintiff
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COMPLAINT FOR UNLAWFULDETAINER
Sequoia
~r9rg
RESIDENTIAL LEASE/RENTAL AGREEMENT
July 22, 2014
A VARIABLELEASE TERMS
RESIDENCE DESCRIPTION
A single
Kl (if checked) family residence Cl (if checked)Partof a multi-family resident
complex known as
UNIT NUMBER UNIT TYPE UNIT ADDRESS
416 1 Bed /1 Bath. 700 sa ft 1212 Whiaole Avenue
COUNTY CITY STATE ZIP
San Mateo Redwood Citv CA 94062
TERM
Resident
El (if checked) has been granted an
COMMENCEMENT DATE EARLY TERMINATION OPTION To exercise this
El (if checked)After the Termination
Auaust 1. 2014 option,Resident must pay an Early Termination
Date, this Agreement will continueon
Option Fee of $ 2.170
00 and give noticeof
a month-to-month basis until
Resident's electionto exercisethe option at least
terminated as specified elsewhere in
TERMINATION DATE 30 days before the Early Termination Date The
must after Auaust
this Agreement
Early Termination Date be
Julv 31. 2015
additional
Landlord may require Resident to sign
documentation if Residentelectsto exercise
Resident's early terminationoption
RESIDENT(S)
NAME (First, Middle Initial, Last) NAME (First, Middle Initial, Last) NAME (First, Middle Initial, Last)
Farrah R Bannister
LIST OF ALL OCCUPANTS Residents
(Do not list any from above)
GUARANTOR(s)
LANDLORD NAME
Sequoia
PROPERTY MANAGER Name, address number
and telephone
Pinnacle Family of Joseph Ferguson, 1212 Whtpple Avenue, Redwood City, CA 94062 (650) 364-4071
Companies
MONTHLY RENT
iviONTHLY gg(Ifchecked) I-I (If checked) < (Ifchecked)I-I (Ifchecked)> (If checked)> (If checked) TOTAL MONTHLY
BASE RENT LICENSE FOR LICENSE FOR MONTH To MoNTH Other monthly
Monthly Pet Rent
Monthly Apphance RENT
AMOUNT GARAGE/PARKING STORAGE SPACE NO rLi:- Rent $ 50 00 charge deacnbe$ 2,22000
$ 2,17000 SPACE NO $ 20000 $ 0 00 $ 000
C-22
Monthly Storage Space
Monthly Garage/Parking
Rent Rent
$ 000
Q (If checked)
RENT CONCESSIONS Resident a $ 0 00 per month
is granted Rent for the penod
in the monthly Base
reduction from
Auaust 1. 2014 to Julv 31. 2015 The monthly Base is the amount
Rent identified above due before of the rent concession
application
LATE CHARGE (Applied if payments have not beenreceived of their due
within 3 days date)
$ 75 00
Ktmball, Tirey & St
John Lease/Rental
California Residential Agreement
2003-20013 Kimball, Tirey & St
John LLP All nghtsreserved
This lease wntten consent
in any way without the express
may not be duplicated of Kimball, Tirey & St
John LLP
Licensed for use owned
on properties or managed by PinnacleFamily of Companies
Landlord's Initials '-'-".
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PAYMENT INSTRUCTIONS
Kl All amounts
due Landlord are
payable to Seauoia. Q 0
(If checked)AII amounts All
(If checked) Kl Landlord
(If checked)
1212 Whiaale Avenue. Redwood Citv. CA94062. due Landlord must be amounts due Landlord may, but is not required,
to
l650l 364-4071 Payment must be made by depositedby Residentin must be made by acceptpayments
Kl Personal
Check, Money Order,Recurnng Debits Landlord'saccountat electronic transfer electronically or by credit
No personalchecks after the 3rd day
will be accepted procedure card,either directly or
Account No
to a notice to pay rent or
of the month or in response througha third party
or quit requinng
quit or a notice to perform covenant payment servicesystem
payment available
The normal hours to make Residentsinterested
in
payments in personareDailv 9 AM to 6 PM, for all thesepayment methods
non-holidays shouldrequestinformation
A twenty-four hour,
Kl (If checked) seven days a week about Landlord's
current
rent payment at the address
drop box is available electronic
and credit card
above payment acceptance
policy from the
management officeSee
the Payment Detail section
below
MISCELLANEOUS INFORMATION
PETS 0 are not authonzedKl (If checked) are authonzed
The following pets g (/f checked) LANDSCAPE LANDSCAPE
ATTORNEY'S FEE WATERING by MA IN TE NAN C E
Pet Name Type Descnption CAP EI Landlord
$g 00 by
0 Resident El Landlord
0 Resident
ACCESS CONTROL DEVICES Mailbox No 416 HOME OWNERS ASSOCIATION
Keys to mail facilities
Rekeyed~ Kl Yes Cl No Q The Residence
(If checked) governed
is a unit in a development by a
Rekeyed~
Key(s) to the Residence KI Yes 0 No home-owner's association
Garage/gateopeners Codes reset~ 0 Yes Kl No Name of HOA
Key(s)/openersto common area(s)KI Yes 0 No 0 (If checked)
Copiesof HOA rules and for Resident's
are available
regulations
Other OYes KINo review at
CI (If checked)
Copies of HOA rules and have
regulations been prowded to
Resident
AUTOMOBILES 0 may Kl may notbe washed on the KI You arerequiredto obtain
and DESIGNATED SMOKE-FREE
Property maintainRENTER'S INSURANCE with AREAS
OIL CHANGING AND AUTOMOBILE REPAIRS minimum liabihty of $ 100.000
00 per El The Residence
0 are Kt arenot allowed on the Property occurrenceand a maximum deductible El The Common Areas
BAR-B-QUE GRILLS Q are not
Kl are allowed of $ 500 00 6c>enc>es
in theResidence in orderto avoid Secunty Deposit deductions If younotify usthat youwant the inspection,we will
inspect the Residence (no earlierthan two weeks before termination of the tenancy) and prov>de you with an
itemized statement specifying repairsor cleaningto be made at your expense Except as otherwise specifiedin this
Agreement, you may make these repairs yourself,or cleanthe Residence yourself,before you move out to avoid
these deductions from your Secunty Deposit You have the nght tobe present during the inspection
Within 21 days after youreturn possession of the Residence to us, we will provideyou with arefund of any amounts
due to you from the Security Deposit, plus an accounting of how we have used any port>on ofthe Secunty Deposit
that we have retained If theSecunty Deposit is insufficient
to satisfythe totalcharges, we will sendto you an
itemized billpayable on demand Any Security Deposit refund may be paid by one check )ointly payableto all
Residents but deliveredto only one Resident at thelastknown address ofany Resident The amount of any refund
and deductions will becalculatedwithout regard to who paid the Secunty Deposit or whose conduct resultedin any
deductions
LATE CHARGES AND DEFAULT INTEREST You will beobligated Late
to pay to us the Charge if you fail to pay
any amount due under thisAgreement within the time penod specifiedin the Vanable Lease Term section You
agree that it would beimpracticable or extremely actual
difficult to fix the damage to usand that theLate Charge is a
reasonable estimate of the actualdamages that the parties reasonably believe would occur as a resultof late
payment In addition tothe Late Charge, interestwill accrue on any unpaid amount at the legal rateof per year
beginning on the date on which the delinquent amount was due Late Charges and interestdue are in additionto,
and remedies
not in lieu of, any of our other
FAILURE TO MAKE ALL PAYMENTS DUE BEFORE THE COMMENCEMENT DATE If you fail to
make all
payments specified in thesectionentitled"Initial
Amount Due" before thespecified date
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We have possession
no obligation to give you of the Residence, and
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We may rescind this Agreement and keep any portionof funds thatyou have paid (if any) necessary to
compensate us for your breachof this Agreement
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Sequoia
E ADDITIONALAGREEMENT TERMS
APPLIANCES Use allappliances inthe Residence in a safe manner and only as intended Do not overload
dishwashers and use only detergents made forautomatic dishwashers Turn on cold water before startingthe
garbage disposal,do not overload the disposal,and do not grind bones or other hard obiects,nnds, sticky or stnngy
foods, or put an excessive volume of matenal in the garbage disposal To avoid clogs for which you will be
responsible,do notput paper towels, diapers,sanitary napkins,food, baby wipes, moist towelettes orwipes (even if
advertised as flushable),cotton swabs, non-flushable clumping or
kitty litter,other items that are not meant to be
flushed in thetoilets,
and do not pour grease down the drain You will beresponsible for blockagesthat you cause If
the Residence does not have a frost free
refngerator,defrostthe refngeratorwhen there is approximatelyone inch of
frost Do not use sharp obiects to defrost
the freezer If theResidence is equippedwith a washer/dryer, clean thelint
filter after
every load and penodically inspect thedryer vent duct to ensure it hasnot become detached, blocked,
kinked, or crushed
You must obtain our wntten consent before installing
any washer, dryer, refngerator with water dispenser or
ice-maker If we grant consent, itmay be granted conditionally Due to concerns about energy consumption,
overloading the existing electncalsupply, and damage to the Property, consent for appliance installationmay be
granted on conditions such as (i)your agreement toallow us toinstallthem (and to pay us the reasonable costsof
(ii) the
installation), use of specifictypes of hoses, (iii) maintenanceof renter'sliability insurance
with coverage
amounts that we will specify, of dnp
(iv) utilization trays and water leak detector/alarms, (v) your agreement to
compensate us for any losses relatedto the use or presence ofthe appliance, and your
(vi) agreement topay for
additionalutilities consumed
10 ASSIGNMENT, SUBLETTING AND TRANSFER BY RESIDENT Your interest inthe Residence and this
Agreement may not be assigned, sublet orotherwise transferred Any assignment, sublettingor transfer(whether by
your voluntary act,operation of law, or otherwise),
will bevoid, andwe may elect to treatit as
a non-curable breach
of this Agreement
ASSIGNMENT BY LANDLORD Dunng your tenancy, we may transfer or encumber our interestin theProperty
You must look solelyto our transfereefor performance of our obligationsrelatingto the penod afterthe transfer
Your obligations under thisAgreement willnot otherwise be affected by any transfer Your nghts inthe Residence
are subiect to and subordinate to any existingor futurerecorded deed of trust,easement, lien or encumbrance If a
lender forecloseson the Property, you agree to recognize the purchaser as the landlordunder this Agreement if you
are requested to do so
12 AUTOMOBILEWASH AND REPAIR. If permittedon theProperty, automobile washing and oil changingmay be
done only in designatedareas
13 BALCONIES, PATIOS AND WINDOWS Please do not shake or hang rugs,towels and clothing from windows
Do not put plants or other items on balcony or patio walls Ifyour balcony or patio isvisible from outside your
Residence, do not keep anything on it other than Resident
patio furniture and Resident's agents
family, guests, and
inviteesare strongly encouraged to carefully evaluatethe steps that Resident has availableto protectthemselves
from foreseeable and
in]uries nsks Resident acknowledges that window screens are not designed for securityor to
prevent persons from fallingfrom windows It isResident's responsibilityto determine the proper placement of
furnitureand other obiects within theapartment or areas such as decks, balconies and patiosto prevent their being
used to climb up andout of windows and over deck railings
14 BARBEQUE GRILLS Due to safetyhazard concerns, charcoal bnquette barbeque gnlls,gas or propane grills,
smokers, hibachi portable
grills, gas stoves, cooking/gnlling/heatinginstruments of any kind or size, and fuel
tanks/cylinders of any kind or size,etc are PROHIBITED FROM BEING STORED OR OPERATED instructures,
apartments, garages, under overhangs or onpatios,balconies, breezeway or common areas ANY OPEN FLAME IS
PROHIBITED within ten feet of any combustible material includingbut not limited to barbequesand torches Proper
and responsible operation ofany grillsprovided by the property in designated common areas is allowed, adult
supervision is requiredat all times
15 BEDBUGS AND PESTS Bedbugs are wingless parasitesabout 1/5inch long Adult bedbugs are rusty redor
mahogany Immature bedbugs are smaller and are a yellowish-white
lighter, color Bedbugs feed on blood from
humans, pets,birdsand otheranimals, primanly at night while thehostis sleeping Dunng the day, bedbugs hide in
crevices such as seams inmattresses and box spnngs, bed frame cracks, behind pictureframes, and inside
furniture andupholstery
In thepast, bedbug infestationswere pnmanly associated with crowded and dilapidated housing However, bedbug
infestationsare becoming more common and can be found even hotel
in first class and living accommodations The
increase may be the resultof increasedhuman movement
travel, of infestedluggage and items,and changes in the
pesticidesavailable to control this
pest Bedbugs are transferredto new locations on people, their clothing, furniture,
bedding, and luggage
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Sequoia
Bedbug treatment is challenging Itrequires the fullcooperation of the residents in affected units,professional
treatments over several weeks, and treatment and/or discarding of furniture,clothing,and personal property
Because of thedifficulty of bedbugextermination, and because of the nsk that bedbugs could spread intoother
units,you agree thatif bedbugs are found, you will immediately contact us, and will notattempt to personally
exterminate bedbugs without professionalassistance
"Pests" include (but arenot limited to) ants,
bedbugs, cockroaches, fleas,mites, spiders,termites,mice, rats,other
vermin and insects We have inspected the Residence and areunaware of any pests in theResidence At move-in,
you will complete and sign aMove-In/Move-Out Statement documenting the conditionof theResidence If you fail to
report defects inthe Move-In/Move-Out Statement, it will be
presumed thatthe Residence has been deliveredin
good conditionand free of pests
You agree to cooperate with our pestcontrol efforts by
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Keeping theResidence clean and uncluttered,
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Promptly advising us of any pest controlneeds, or any condition indicating a bedbug infestationin the
Residence or Property (such as itchy weltson skin,bedbugs, blood spots (eitherbrown or red) or bedbug
excrement spots(brown or black) on bedding, furniture or other
items,or a sweet odor) We are not responsible
about
for any condition which we are not aware and bedbugs require professionalpest control treatment,
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Refraining from bnnging bedbugs and other pests into the Residence and the Property, and inspecting all
luggage, bedding, clothing,and personal property for bedbugs and other pests before move-in, returning home
and/or
after traveling bnnging new items to the Residence You will allow usto do thesame upon request If we
have a concern about possible we may (but will not be
infestation, obligated prohibit you from bringing
to) either
theitem into theResidence and Propertyor requireyou to have the item professionallytreatedat your expense
before theitem is broughtinto theResidence or Property,
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Refraining from bnnging into the Residence discarded furniture(found in or by a dumpster or elsewhere)
Furnituremay have been discarded because of abedbug infestation,
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Providing uswith access to Residence for our pestcontrol assessments and pest control treatment,
Following our instructionsto prepare the Residence forpest control treatment and/or vacating the Residence
when necessary in connection with our pestcontrol efforts,
Upon our request, promptly providing us with copies of allrecords, documents, sampling data and other
matenals relatingto thecondition of theResidence
16 BICYCLES SKATEBOARDS, SCOOTERS, ROLLERBLADES AND SKATES Pedestnans have the nght of way
on allsidewalks, walkways and otherpedestnan areas throughout the Property Bicycles, skateboards, scooters,
roller blades/skatesand other wheeled apparatus must be used with care, toavoid Property damage, in)ury and
danger for others Bicycles should be kept only in your Residenceor in designated areas (if any) within the
Property
17 COMMON AREA AMENITIES If theResidence is partof a multi-family residential
complex, vanous services,
equipment and facilities (" CommonArea Amenities" ) may be provided for your use at your own nsk Common Area
Amenities include allareas and facilities
outside of the Residence, within the Property, that are provided and
designated by us for thegeneral non-exclusive use of Property residents Common Area Amenities may include, but
are meeting
not limited to rooms and clubhouses, facilities, storerooms,
laundry facilities, exercise swimming pools,
spas, common entrances, lobbies, hallways, staircases,public restrooms, elevators, loading areas, trash areas,
roads, sidewalks, walkways, and landscaped areas Common Area Amenities are for the exclusiveuse of youand
other Property residents and occupants Use of Common Area Amenities is sub)ectto the restnctionsdescnbed in
rulesor instructionsprovided at theProperty You may be required to carryand display identification
toenter and/or
utilize Common Area Amenities If weallow guests toutilize Common Area Amenities, you may have no more than
two guests (accompanied by you) unless we agree otherwise We may restrictCommon Area Amenity usage for
repairs orrenovations We may restnct meeting rooms and clubhouse usage for privateparties Do not leave any
personal property in common areas, we may remove and dispose of any personal property leftoutside of the
Residence To the extent allowed by law, youagree to assume of harm,
all nsk and waive all claimsagainst us and
our Related Parties resultingfrom use of theCommon Area Amenities, even if causedby the negligence of us or our
Related Parties To the extent allowed by law, use of theCommon Area Amenities is at the
sole risk of you andyour
Related Parties
18 CONDOMINIUM/PLANNEDUNIT DEVELOPMENT If it is indicated
in theVanable Lease Term section that the
Residence isa unit in a development governed by a home-owner's association ("HOA"), you and your Related
Parties must comply with all covenants, conditions and restrictions,
bylaws, rulesand regulationsand decisionsof
the HOA You must pay any fines or charges imposed by the HOA incurred because of anyviolation by youor your
Related Parties
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CONDUCT AND COMPLIANCE WITH AGREEMENT, LAW AND RULES You are responsible for your own
actions,and the actionsof your Related Parties You and theothers for which you areresponsible
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May not create a nuisance on the Residence or Property,and may not disturb other Property residents or
neighbors with excessive noise (loud televisions,
stereos, voices,etc )or otherwise,
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Must comply with all Landlord rules,regulationsand instructions(including pos
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TODD ROTHBARD ATTORNEY AT LAW ¹67351 100 Saratoga Avenue, Suite 200 DE. 1 EGIN Santa Clara, CA 95051 Tel (408)244-4200 Attorney for the Plaintiff SUPERIOR COURT FOR THE sAN MATEo JUDICIAL DISTRICT LIMITED CIVIL JURISDICTION COUNTY OF sAN MATEQ ,STATE OF CALIFORNIA PINNACLE AN AMERICANMANAGEMENT ) 10 ) SERVICES COMPANY 11 Plaintiff, VS ) ) Ic:L Jl2 I 05 I59 12 FARRAH R BANNISTER aka FARRAH BANNISTER COMPLAINT FOR ) UNLAWFULDETAINER 13 ) DOES I through V, inclusive *The total damages sought 14 Defendant(s) in this case are UNDER $ 10,000 Plaintiff alleges 16 17 18 At all times herein mentioned, plaintiff was, and now is, a corporation licensed 19 to do business in the State of California and doing business in the above entitled 20 County and Judicial Distnct 21 22 23 The real property owned by plaintiff, possession of which is sought in this 24 action is situated at 1212 Whipple Avenue, Unit ¹416, Redwood City 94062 SAN MATEO County, California, in the above named 26 Judicial Distnct 27 ////////// 28 ////////// -1- UNLAWFULDETAINER 1 The true names and capacities, whether individual corporate, associate, or otherwise, of defendant(s) herein named as DOES I through V inclusive, are 3 unknown to plaintiff, who therefore sues said defendant(s) by such fictitious 4 names and prays leave to amend this complaint to show the true names and capacities as they become known IV 7 On Or abOut August 1,2014 , plaintiff leased to defendant(s) the 8 above descnbed premises on a twelvemonth basis pursuant to a wntten rental agreement A copy of said agreement is attached hereto, marked "EXHIBIT A", 9 and made part hereof 10 By the terms of said agreement, defendant(s) were required to pay to plaintiff the 13 sum of $ 2,17000 each month as and for the rental of said premises, said 14 sum becomes payable each month in full as of the first day of each month 15 16 VI 17 Defendant(s) are behind in the payment of rent $ 2,170 oo being the total rent due and unpaid as of this date 19 VII 20 On December 24, 2014 ,plaintiff caused to be served on defendant(s) a wntten notice stating the amount of rent due and requinng defendant(s) to pay the whole thereof or deliver up possession of the premises within the three days after 23 service of the notice A copy of said notice and a declaration of service of said 24 notice are attached hereto, marked "EXHIBITB" and made a part hereof 25 26 27 28 -2- UNLAWFULDETAINER VIII More than three days have elapsed since the service of said notice 3 but no part of said rent has been paid. Defendant(s) remain in possession 4 of said premises without plaintiff's consent, plaintiff is entitled to possession 5 of said premises. IX 6 7 The reasonable rental value of said premises is the sum of 8 $ 7233 per day, and damages to plaintiff caused by defendant's unlawful 9 detainer will accrue at said rate from January 1 2015 and will 10 continue to accrue at said rate as long as defendant(s) remain in possession. 12 Said agreement provided for the payment of attorney's fees, costs, etc 13 to the prevailing party in the event of litigation to enforce its terms. 14 Plaintiff has been compelled to commence litigation and hence is entitled to 15 recover the sum of $ 600 00 as attorney's fees or such larger sum as may 16 prove justified pending proof at time of trial or heanng herein. 17 WHEREFORE, plaintiff prays judgment as follows: 18 1. For restitution of possession of said premises 19 2. For unpaid rent in the total sum of $ 2,17000 20 For damages at the rate of $ 7233 per day from 21 January 1, 2015 for each day defendant(s) 22 continue in possession of said prenises. 23 4. For attorney's fees of at least $ 600 oo 24 5. For costs herein, and for such other and further relief 25 as to the Court may seem just. 26 j 27 Dated December 31, 2014 TODD ROTHBARD Attorney for the Plaintiff 28 -3- U NLAWFUL D ETAI NE R Verification I,TODD ROTHBARD, hereby declare Iam the attorney for the plaintiff in the above entitled action, and as such make 4 this VERIFICATION for and on behalf of said plaintiff 5 I have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER and 6 know the contents thereof, and, based on information and belief, I believe said 7 contents to be true and correct. 8 The reason that the foregoing COMPLAINT is venfied by me and not by a 9 representative of the plaintiff is that such representative is absent from the county 10 where Ihave my office 11 I declare, under penalty of per]ury, that the foregoing is true and correct, and 12 that this VERIFICATION is executed on December 31, 2014 at Santa Clara, Santa 13 Clara County, California 14 15 16 17 TODD ROTHBARD 18 LAW OFFICES OF TODD ROTHBARD Attorney for Plaintiff 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR UNLAWFULDETAINER Sequoia ~r9rg RESIDENTIAL LEASE/RENTAL AGREEMENT July 22, 2014 A VARIABLELEASE TERMS RESIDENCE DESCRIPTION A single Kl (if checked) family residence Cl (if checked)Partof a multi-family resident complex known as UNIT NUMBER UNIT TYPE UNIT ADDRESS 416 1 Bed /1 Bath. 700 sa ft 1212 Whiaole Avenue COUNTY CITY STATE ZIP San Mateo Redwood Citv CA 94062 TERM Resident El (if checked) has been granted an COMMENCEMENT DATE EARLY TERMINATION OPTION To exercise this El (if checked)After the Termination Auaust 1. 2014 option,Resident must pay an Early Termination Date, this Agreement will continueon Option Fee of $ 2.170 00 and give noticeof a month-to-month basis until Resident's electionto exercisethe option at least terminated as specified elsewhere in TERMINATION DATE 30 days before the Early Termination Date The must after Auaust this Agreement Early Termination Date be Julv 31. 2015 additional Landlord may require Resident to sign documentation if Residentelectsto exercise Resident's early terminationoption RESIDENT(S) NAME (First, Middle Initial, Last) NAME (First, Middle Initial, Last) NAME (First, Middle Initial, Last) Farrah R Bannister LIST OF ALL OCCUPANTS Residents (Do not list any from above) GUARANTOR(s) LANDLORD NAME Sequoia PROPERTY MANAGER Name, address number and telephone Pinnacle Family of Joseph Ferguson, 1212 Whtpple Avenue, Redwood City, CA 94062 (650) 364-4071 Companies MONTHLY RENT iviONTHLY gg(Ifchecked) I-I (If checked) < (Ifchecked)I-I (Ifchecked)> (If checked)> (If checked) TOTAL MONTHLY BASE RENT LICENSE FOR LICENSE FOR MONTH To MoNTH Other monthly Monthly Pet Rent Monthly Apphance RENT AMOUNT GARAGE/PARKING STORAGE SPACE NO rLi:- Rent $ 50 00 charge deacnbe$ 2,22000 $ 2,17000 SPACE NO $ 20000 $ 0 00 $ 000 C-22 Monthly Storage Space Monthly Garage/Parking Rent Rent $ 000 Q (If checked) RENT CONCESSIONS Resident a $ 0 00 per month is granted Rent for the penod in the monthly Base reduction from Auaust 1. 2014 to Julv 31. 2015 The monthly Base is the amount Rent identified above due before of the rent concession application LATE CHARGE (Applied if payments have not beenreceived of their due within 3 days date) $ 75 00 Ktmball, Tirey & St John Lease/Rental California Residential Agreement 2003-20013 Kimball, Tirey & St John LLP All nghtsreserved This lease wntten consent in any way without the express may not be duplicated of Kimball, Tirey & St John LLP Licensed for use owned on properties or managed by PinnacleFamily of Companies Landlord's Initials '-'-". — '-'=-"-" ~ Page 1 of 58 Resident's Initials P B ="-'— "='-'' Sequoia PAYMENT INSTRUCTIONS Kl All amounts due Landlord are payable to Seauoia. Q 0 (If checked)AII amounts All (If checked) Kl Landlord (If checked) 1212 Whiaale Avenue. Redwood Citv. CA94062. due Landlord must be amounts due Landlord may, but is not required, to l650l 364-4071 Payment must be made by depositedby Residentin must be made by acceptpayments Kl Personal Check, Money Order,Recurnng Debits Landlord'saccountat electronic transfer electronically or by credit No personalchecks after the 3rd day will be accepted procedure card,either directly or Account No to a notice to pay rent or of the month or in response througha third party or quit requinng quit or a notice to perform covenant payment servicesystem payment available The normal hours to make Residentsinterested in payments in personareDailv 9 AM to 6 PM, for all thesepayment methods non-holidays shouldrequestinformation A twenty-four hour, Kl (If checked) seven days a week about Landlord's current rent payment at the address drop box is available electronic and credit card above payment acceptance policy from the management officeSee the Payment Detail section below MISCELLANEOUS INFORMATION PETS 0 are not authonzedKl (If checked) are authonzed The following pets g (/f checked) LANDSCAPE LANDSCAPE ATTORNEY'S FEE WATERING by MA IN TE NAN C E Pet Name Type Descnption CAP EI Landlord $g 00 by 0 Resident El Landlord 0 Resident ACCESS CONTROL DEVICES Mailbox No 416 HOME OWNERS ASSOCIATION Keys to mail facilities Rekeyed~ Kl Yes Cl No Q The Residence (If checked) governed is a unit in a development by a Rekeyed~ Key(s) to the Residence KI Yes 0 No home-owner's association Garage/gateopeners Codes reset~ 0 Yes Kl No Name of HOA Key(s)/openersto common area(s)KI Yes 0 No 0 (If checked) Copiesof HOA rules and for Resident's are available regulations Other OYes KINo review at CI (If checked) Copies of HOA rules and have regulations been prowded to Resident AUTOMOBILES 0 may Kl may notbe washed on the KI You arerequiredto obtain and DESIGNATED SMOKE-FREE Property maintainRENTER'S INSURANCE with AREAS OIL CHANGING AND AUTOMOBILE REPAIRS minimum liabihty of $ 100.000 00 per El The Residence 0 are Kt arenot allowed on the Property occurrenceand a maximum deductible El The Common Areas BAR-B-QUE GRILLS Q are not Kl are allowed of $ 500 00 6c>enc>es in theResidence in orderto avoid Secunty Deposit deductions If younotify usthat youwant the inspection,we will inspect the Residence (no earlierthan two weeks before termination of the tenancy) and prov>de you with an itemized statement specifying repairsor cleaningto be made at your expense Except as otherwise specifiedin this Agreement, you may make these repairs yourself,or cleanthe Residence yourself,before you move out to avoid these deductions from your Secunty Deposit You have the nght tobe present during the inspection Within 21 days after youreturn possession of the Residence to us, we will provideyou with arefund of any amounts due to you from the Security Deposit, plus an accounting of how we have used any port>on ofthe Secunty Deposit that we have retained If theSecunty Deposit is insufficient to satisfythe totalcharges, we will sendto you an itemized billpayable on demand Any Security Deposit refund may be paid by one check )ointly payableto all Residents but deliveredto only one Resident at thelastknown address ofany Resident The amount of any refund and deductions will becalculatedwithout regard to who paid the Secunty Deposit or whose conduct resultedin any deductions LATE CHARGES AND DEFAULT INTEREST You will beobligated Late to pay to us the Charge if you fail to pay any amount due under thisAgreement within the time penod specifiedin the Vanable Lease Term section You agree that it would beimpracticable or extremely actual difficult to fix the damage to usand that theLate Charge is a reasonable estimate of the actualdamages that the parties reasonably believe would occur as a resultof late payment In addition tothe Late Charge, interestwill accrue on any unpaid amount at the legal rateof per year beginning on the date on which the delinquent amount was due Late Charges and interestdue are in additionto, and remedies not in lieu of, any of our other FAILURE TO MAKE ALL PAYMENTS DUE BEFORE THE COMMENCEMENT DATE If you fail to make all payments specified in thesectionentitled"Initial Amount Due" before thespecified date ~ We have possession no obligation to give you of the Residence, and ~ We may rescind this Agreement and keep any portionof funds thatyou have paid (if any) necessary to compensate us for your breachof this Agreement J P"', t[-'-.'.— rr»» >-, ""'"-'-" Landlord's Initials "-'"' Page 10 of 58 Resident's Initials >' I Sequoia E ADDITIONALAGREEMENT TERMS APPLIANCES Use allappliances inthe Residence in a safe manner and only as intended Do not overload dishwashers and use only detergents made forautomatic dishwashers Turn on cold water before startingthe garbage disposal,do not overload the disposal,and do not grind bones or other hard obiects,nnds, sticky or stnngy foods, or put an excessive volume of matenal in the garbage disposal To avoid clogs for which you will be responsible,do notput paper towels, diapers,sanitary napkins,food, baby wipes, moist towelettes orwipes (even if advertised as flushable),cotton swabs, non-flushable clumping or kitty litter,other items that are not meant to be flushed in thetoilets, and do not pour grease down the drain You will beresponsible for blockagesthat you cause If the Residence does not have a frost free refngerator,defrostthe refngeratorwhen there is approximatelyone inch of frost Do not use sharp obiects to defrost the freezer If theResidence is equippedwith a washer/dryer, clean thelint filter after every load and penodically inspect thedryer vent duct to ensure it hasnot become detached, blocked, kinked, or crushed You must obtain our wntten consent before installing any washer, dryer, refngerator with water dispenser or ice-maker If we grant consent, itmay be granted conditionally Due to concerns about energy consumption, overloading the existing electncalsupply, and damage to the Property, consent for appliance installationmay be granted on conditions such as (i)your agreement toallow us toinstallthem (and to pay us the reasonable costsof (ii) the installation), use of specifictypes of hoses, (iii) maintenanceof renter'sliability insurance with coverage amounts that we will specify, of dnp (iv) utilization trays and water leak detector/alarms, (v) your agreement to compensate us for any losses relatedto the use or presence ofthe appliance, and your (vi) agreement topay for additionalutilities consumed 10 ASSIGNMENT, SUBLETTING AND TRANSFER BY RESIDENT Your interest inthe Residence and this Agreement may not be assigned, sublet orotherwise transferred Any assignment, sublettingor transfer(whether by your voluntary act,operation of law, or otherwise), will bevoid, andwe may elect to treatit as a non-curable breach of this Agreement ASSIGNMENT BY LANDLORD Dunng your tenancy, we may transfer or encumber our interestin theProperty You must look solelyto our transfereefor performance of our obligationsrelatingto the penod afterthe transfer Your obligations under thisAgreement willnot otherwise be affected by any transfer Your nghts inthe Residence are subiect to and subordinate to any existingor futurerecorded deed of trust,easement, lien or encumbrance If a lender forecloseson the Property, you agree to recognize the purchaser as the landlordunder this Agreement if you are requested to do so 12 AUTOMOBILEWASH AND REPAIR. If permittedon theProperty, automobile washing and oil changingmay be done only in designatedareas 13 BALCONIES, PATIOS AND WINDOWS Please do not shake or hang rugs,towels and clothing from windows Do not put plants or other items on balcony or patio walls Ifyour balcony or patio isvisible from outside your Residence, do not keep anything on it other than Resident patio furniture and Resident's agents family, guests, and inviteesare strongly encouraged to carefully evaluatethe steps that Resident has availableto protectthemselves from foreseeable and in]uries nsks Resident acknowledges that window screens are not designed for securityor to prevent persons from fallingfrom windows It isResident's responsibilityto determine the proper placement of furnitureand other obiects within theapartment or areas such as decks, balconies and patiosto prevent their being used to climb up andout of windows and over deck railings 14 BARBEQUE GRILLS Due to safetyhazard concerns, charcoal bnquette barbeque gnlls,gas or propane grills, smokers, hibachi portable grills, gas stoves, cooking/gnlling/heatinginstruments of any kind or size, and fuel tanks/cylinders of any kind or size,etc are PROHIBITED FROM BEING STORED OR OPERATED instructures, apartments, garages, under overhangs or onpatios,balconies, breezeway or common areas ANY OPEN FLAME IS PROHIBITED within ten feet of any combustible material includingbut not limited to barbequesand torches Proper and responsible operation ofany grillsprovided by the property in designated common areas is allowed, adult supervision is requiredat all times 15 BEDBUGS AND PESTS Bedbugs are wingless parasitesabout 1/5inch long Adult bedbugs are rusty redor mahogany Immature bedbugs are smaller and are a yellowish-white lighter, color Bedbugs feed on blood from humans, pets,birdsand otheranimals, primanly at night while thehostis sleeping Dunng the day, bedbugs hide in crevices such as seams inmattresses and box spnngs, bed frame cracks, behind pictureframes, and inside furniture andupholstery In thepast, bedbug infestationswere pnmanly associated with crowded and dilapidated housing However, bedbug infestationsare becoming more common and can be found even hotel in first class and living accommodations The increase may be the resultof increasedhuman movement travel, of infestedluggage and items,and changes in the pesticidesavailable to control this pest Bedbugs are transferredto new locations on people, their clothing, furniture, bedding, and luggage ,'J P B '.'=' "-"" + F Landlord's Initials Page 11 of 58 Resident's Initials Sequoia Bedbug treatment is challenging Itrequires the fullcooperation of the residents in affected units,professional treatments over several weeks, and treatment and/or discarding of furniture,clothing,and personal property Because of thedifficulty of bedbugextermination, and because of the nsk that bedbugs could spread intoother units,you agree thatif bedbugs are found, you will immediately contact us, and will notattempt to personally exterminate bedbugs without professionalassistance "Pests" include (but arenot limited to) ants, bedbugs, cockroaches, fleas,mites, spiders,termites,mice, rats,other vermin and insects We have inspected the Residence and areunaware of any pests in theResidence At move-in, you will complete and sign aMove-In/Move-Out Statement documenting the conditionof theResidence If you fail to report defects inthe Move-In/Move-Out Statement, it will be presumed thatthe Residence has been deliveredin good conditionand free of pests You agree to cooperate with our pestcontrol efforts by ~ Keeping theResidence clean and uncluttered, ~ Promptly advising us of any pest controlneeds, or any condition indicating a bedbug infestationin the Residence or Property (such as itchy weltson skin,bedbugs, blood spots (eitherbrown or red) or bedbug excrement spots(brown or black) on bedding, furniture or other items,or a sweet odor) We are not responsible about for any condition which we are not aware and bedbugs require professionalpest control treatment, ~ Refraining from bnnging bedbugs and other pests into the Residence and the Property, and inspecting all luggage, bedding, clothing,and personal property for bedbugs and other pests before move-in, returning home and/or after traveling bnnging new items to the Residence You will allow usto do thesame upon request If we have a concern about possible we may (but will not be infestation, obligated prohibit you from bringing to) either theitem into theResidence and Propertyor requireyou to have the item professionallytreatedat your expense before theitem is broughtinto theResidence or Property, ~ Refraining from bnnging into the Residence discarded furniture(found in or by a dumpster or elsewhere) Furnituremay have been discarded because of abedbug infestation, ~ Providing uswith access to Residence for our pestcontrol assessments and pest control treatment, Following our instructionsto prepare the Residence forpest control treatment and/or vacating the Residence when necessary in connection with our pestcontrol efforts, Upon our request, promptly providing us with copies of allrecords, documents, sampling data and other matenals relatingto thecondition of theResidence 16 BICYCLES SKATEBOARDS, SCOOTERS, ROLLERBLADES AND SKATES Pedestnans have the nght of way on allsidewalks, walkways and otherpedestnan areas throughout the Property Bicycles, skateboards, scooters, roller blades/skatesand other wheeled apparatus must be used with care, toavoid Property damage, in)ury and danger for others Bicycles should be kept only in your Residenceor in designated areas (if any) within the Property 17 COMMON AREA AMENITIES If theResidence is partof a multi-family residential complex, vanous services, equipment and facilities (" CommonArea Amenities" ) may be provided for your use at your own nsk Common Area Amenities include allareas and facilities outside of the Residence, within the Property, that are provided and designated by us for thegeneral non-exclusive use of Property residents Common Area Amenities may include, but are meeting not limited to rooms and clubhouses, facilities, storerooms, laundry facilities, exercise swimming pools, spas, common entrances, lobbies, hallways, staircases,public restrooms, elevators, loading areas, trash areas, roads, sidewalks, walkways, and landscaped areas Common Area Amenities are for the exclusiveuse of youand other Property residents and occupants Use of Common Area Amenities is sub)ectto the restnctionsdescnbed in rulesor instructionsprovided at theProperty You may be required to carryand display identification toenter and/or utilize Common Area Amenities If weallow guests toutilize Common Area Amenities, you may have no more than two guests (accompanied by you) unless we agree otherwise We may restrictCommon Area Amenity usage for repairs orrenovations We may restnct meeting rooms and clubhouse usage for privateparties Do not leave any personal property in common areas, we may remove and dispose of any personal property leftoutside of the Residence To the extent allowed by law, youagree to assume of harm, all nsk and waive all claimsagainst us and our Related Parties resultingfrom use of theCommon Area Amenities, even if causedby the negligence of us or our Related Parties To the extent allowed by law, use of theCommon Area Amenities is at the sole risk of you andyour Related Parties 18 CONDOMINIUM/PLANNEDUNIT DEVELOPMENT If it is indicated in theVanable Lease Term section that the Residence isa unit in a development governed by a home-owner's association ("HOA"), you and your Related Parties must comply with all covenants, conditions and restrictions, bylaws, rulesand regulationsand decisionsof the HOA You must pay any fines or charges imposed by the HOA incurred because of anyviolation by youor your Related Parties ,I Landlord's Initials ' — ""—"."=' Page 12 of 58 Resident's Initials P 8 Sequoia CONDUCT AND COMPLIANCE WITH AGREEMENT, LAW AND RULES You are responsible for your own actions,and the actionsof your Related Parties You and theothers for which you areresponsible ~ May not create a nuisance on the Residence or Property,and may not disturb other Property residents or neighbors with excessive noise (loud televisions, stereos, voices,etc )or otherwise, ~ Must comply with all Landlord rules,regulationsand instructions(including pos