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Mark K. Oto, Esq. ¹100058 Z I X. E lo
255 North Market Street SAN MATEO COU~
Suite 285
30
San Jose,
Telephone:
California 95110
(408) 283-0220
DEC Z013
t the SMpsrlor ~
Attorney for Plaintiff CLgg
SUPERIOR COURT, STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 CIVILDIVISION, SOUTHERN BRANCH
12 Karen Lee Finney, Charles Cheng No.
C'Li.JJZ'M M7
and Ryan D. Finney, Trustees of
13 the Karen Lee Finney Trust,
Jeanette Aaronson, Trustee of
14
the Jeanette Aaronson Trust,
15
Plaintiff,
16 vs. COMPLAINT FOR UNLAWFUL
DETAINER
17 (DOES NOT EXCEED $ 10,000;
LIMITEDCIVILCASE)
18
Glenn Mendoza,
19 and Does 1-10 inclusive,
20 Defendantsl
21 Plaintiff, Karen Lee Finney, Charles Cheng and Ryan D. Finney, Trustees of the Karen
22
Lee Finney Trust, Jeanette Aaronson, Trustee of the Jeanette Aaronson Trust, (hereinafter
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referred to as "PlaintifF', alleges as follows:
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1. Plaintiffs, Karen Lee Finney, Charles Cheng and Ryan D. Finney, are, and at all
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times herein mentioned were, individuals over the age of eighteen (18) years and are the current
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27 active Trustees of the Karen Lee Finney Trust. Plaintiff, Jeanette Aaronson, is, and at all times
28 herein mentioned was, an individual over the age of eighteen (18) years and is the current
active Trustee of the Jeanette Aaronson Trust.
COMPLAINT FOR UNLAWFUL DETAINER
2. Plaintiffs, the Karen Lee Finney Trust and the Jeanette Aaronson Trust, are the
owners of the property, possession of which is sought in this action.
3. Plaintiff is ignorant of the true names and capacities of all Doe Defendants set
forth in the caption herein, and therefore sues these Defendants by such fictitious names.
Plaintiffprays leave to amend this Complaint to allege their true names and capacities when the
same have been ascertained.
4. Plaintiffis informed and believes, and based thereon alleges that, at all times
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herein mentioned each of the Defendants sued herein was the agent of each of the remaining
Defendants, and was, at all times, acting within the purpose and scope of such agency.
12 5. Plaintiff is informed and believes, and based thereon alleges that, all Does
13 names in the caption herein, are unlawfully in possession of the Premises, as more particularly
14
alleged herein below.
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6. On or about October 11, 2012, Plaintiff, through Plaintiffs agent, leased to
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Defendants, Glenn Mendoza, and each of them, certain premises commonly known as 604
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Bayport Avenue, San Carlos, CA 94070, San Mateo County (hereinafter "Premises" ), under a
19 lease in writing (hereinafter "Lease Agreement" ). A true and correct copy of said Lease
20 Agreement is attached hereto as Exhibit "A"and incorporated herein by this reference.
Plaintiff
21 of them,
7. Defendants, and each entered into possession of the Premises on or
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about the date set forth in the preceding paragraph and continues to occupy said Premises.
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8. ha performed all of the terms and conditions of the Lease Agreement
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on PlaintifFs part to be performed.
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9. By the terms of said Lease Agreement, Defendants, and each of them, were
27 required to pay Plaintiff Base Rent (hereinafter "Rent") for the use of said Premises, payable in
28 advance on the first (1") day of each and every month throughout the term of the Lease
Agreement. The current Rent for the Premises is $ 757.00 per month.
COMPLAINT FOR UNLAWFUL DETAINER
10. Defendants, and each of them, have failed to pay the full rental amount due and
owing for the Premises, and there is now due, owing and unpaid for Rent under and pursuant to
said Lease Agreement in the estimated sum of $ 4,859.00 for the period through and including
December 2013.
11. On December 13, 2013, Plaintiff, in compliance with Code of Civil Procedure
7
Section 1161(2), caused to be served on Defendants, and each of them, a written notice
8
(hereinafter "Notice to Pay Rent or Quit") stating the estimated amount of Rent then due and
9
requiring Defendants, and each of them, to pay the full amount thereof, or to deliver up
10
possession of said Premises within three (3) days after service of said Notice to Pay Rent or
12 Quit. Said Notice to Pay Rent or Quit declared an election for forfeiture of the Lease
13 Agreement. A true and correct copy of said Notice to Pay Rent or Quit is attached hereto as
14
Exhibit "B" and incorporated herein by this reference. A true and correct copy of the proof of
15
service for the Notice to Pay Rent or Quit is attached hereto as Exhibit "C" and incorporated
16
herein by this reference.
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12. More than three (3) days have elapsed since said Notice to Pay Rent or Quit, as
18
19 referred to above, was served on Defendants, and each of them, and Defendants, and each of
20 them, have failed to pay said Rent or deliver up possession of said Premises. Plaintiff is
21 entitled to immediate possession of the Premises.,
22 13. Said Lease Agreement provides for the payment by Defendants, and each of
23
them, to Plaintifffor PlaintifFs attorneys fees incurred in this action. Plaintiff has retained
24
Mark K. Oto, Esq. to prosecute the within action, and Plaintiff is therefore entitled to attorneys
25
fees according to proof.
26
27 14. Defendants, and each of them, continue in possession of said Premises, without
28 PlaintifFs permission or consent and contrary to the terms of said Lease Agreement.
COMPLAINT FOR UNLAWFUL DETAINER
1
15. The reasonable rental value of the Premises is $ 25.23 per day, and Plaintiff is
2
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entitled to damages in that amount from and after the expiration of the Notice to pay Rent or
Quit, as referred to above, for Defendants, and each their, continued possession of the
Premises.
WHEREFORE, Plaintiffprays for judgment against Defendants, and each of them, as
follows:
1. For immediate restitution of said Premises;
2. For a declaration that the Lease Agreement has been forfeited;
10
3. For the Rent of said Premises now due, owing and unpaid, as more particularly
12 set forth above;
13 4. For damages for the unlawful detention of the Premises in the amount of $ 25.23
14
per day &om and after the expiration of the Notice to Pay Rent or Quit period, as set forth
15
above;
16
5. For costs of suit, interest, and attorneys fees according to proof; and
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6. For such other and further relief as the Court deems just and proper.
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Dated: December 30, 2013
20
MARKK. OTO
21 Attorney for Plaintiff
22
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COMPLAINT FOR UNLAWFUL DETAINER
VERIFICATION
I, Mark K. Oto, declare:
I am an attorney at law duly admitted and licensed to practice law before all courts of
this State and I have my professional office at 255 North Market Street, Suite 285, San Jose,
California 95110. I am the attorney of record in the above-entitled matter.
At the time of the signing of this Complaint, Plaintiff (or its authorized agent) was
outside the County of my law practice and was unable to execute this Verification and for that
10 I am
reason, executing the same.
11
I have read the foregoing COMPLAINT. FOR UNLAWFUL DETAINER, and I am
12
informed and believe that the matters stated therein are true, and on that ground, I allege that
13
the matters stated therein are true.
14
15 I declare under penalty of perjury that the foregoing is true and correct, and that this
16 declaration was executed on this 30th day of December 2013 at San Jose, California.
17
18
Mark K. Oto
19
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COMPLAINT FOR UNLAWFUL DETAINER
t3ocuSign Envelope ID: 54A2rgat3
40C246rtC4CF28F3CCA36
Basic LeaseProvisions
Date:
Reference October 11, 2012
Landlord: Karen Lee Finnev. Charles Chena. of the KAREN LEE
and Rvan D. Fmnev. trustees
trustee of the 3EANElTE AARONSON
HNNEY TRUST and. JeanettcAaronson.
~UST.
GLENN MENDOZA.
~b't
feet of space, the location of which is indicated on
Approximately 700 square
rI1 hereto, in the building located at 604 Bavnort Avenue. San Carlos, California, which
is part of the E.S.C. Buildlna. the right at any time, and fiom
Landlord hereby mserves
or additions to the Premises,
time to time, to make alterahons and to ilnstall, maintain,
use, repair, and replace pipes, ducts, conduits, and wires, leading through, under, or
in locations serving other parts ofthe project, which wiH not
over the prenuses,
use of the Premises.
materially interfere with Tenant's the right
Landlord also reserves
to enlarge the area of thc project by acquisition or leasehold,
to construct other
in the Project, frmn time io time, to mshe alterations
buildings or improvements
thereof or additions thereto, to build additional stores on any buihhng or buildings, to
build adjoining same, and to consnuct perking facilities.
Three Years.
Commencement 'October 25. 2012
Date:
Expiration Date: October 31. 2015
~
Base Rent:
November1, 2012, through October 31, 2013; $
per month
per month
November 1, 2013, through October 31, 2014: $ 77~.
11
~00 per month
November I, 2014, through October 31, 2015: $
Date:
Rent Commencement ~vember l. 2012
Rent Address: Aveeg
604 Bavuort
CA 94070
San Carlos
Security Deposit: $ 7335
Uee: Business WU use for offic k storaae.
of Demolition
Combined Single $ 2.000.000.
l,iebility
Limit.'otices:
To Landlord: To Tenant
ESC Buildina
~
Glenn Mendqga
$ 00 Harbor Blvd. 706 Bountv Drive ¹608
Belmont. CA 94002 Citv. CA 94404
650-592-1178
Telephone No.:
Alternate No.: 650-592-2375
Exhibits: of premises
Description
of Lease
Guaranty
Disclosures
Rules And Regulations
Tenant
21%820671 3
Docugign Ertvntopn ID: 54A27B3~
.. 40c2-SUDC-sCF28F3CCA30
GROSS INDUSTMALLEASE
tc Tenant snd Tenant hereby lesser
Landlord hereby leases m thc Basic Lease Provisions,
dcscnbcd
Som Landlord thc Premises
terms, snd conditions of this Lease snd resenriag and excepting to
mbleci tc eny superior liens cr cncumbnmcci snd subject to the covenants.
Landlord tbe i»ofand the ngbt to install msrnadu, use, repair, end replace fscibties tu or leading qu»ugb thc Prcnuses,
in locsriorw which do nct
matensgy interfere with a permimxl uss thereof by Tenant (or. ifrnstwlal interibrcace results thcmitum, proridcd Tenant is grunted reasonable
dun this lease confcm uc righw ctthar wrtb regsnl to the subsurface
therefor) snd pnnnded
sgowsnce of thc land (herein caged
thc Lend")
below the gmund level of the boilding ihcrein caged "thc Building") in tbc project (the "project") iu which the prcmism arc located, or widr
regard tc airspace, Interior or extwior, above the eading of the Striding,
ARTICLE I
~ament
1.1 ~. TERM OF LEASE
~
Thn Lease shag bc ibr the term set fonh m Hw Basic Lease Provisiomi ccmmaacmg
et I2HII A M. on thc
Dsw snd eading et 'I I: S9 9 hh ca dtc Sxpiradcn Dsw ualcss sooacr tenninatcd cr extended ss herein ptovtded.
In thc event that
sbagbc subject tn ag the provisions of
Landlord sbsg penmt Tenant tc occupy the premises pricr tc the Commeccecsent
Date, such
tius Lmse snd shag not advance the Sxp'uaticn Data
12. Accenmnce of ths Premises. is swam of their condition, hss measured or bosn gives
Tenant fli) hai examined tke Premises,
~
tbc square footage of dw Pmrnises.
sn oppmumity to measure with
tbst Landlord hss made no wananty or rsptesenbtricn
end ackecwledgcr
(ii) accepts
to same,
respect snd improvemcnw thereon in tbiir prcscrn "ss is" ccndinon,
the Pnumses (iii)agrem that Hte Premises
sad
impt»vemcnts, aad Bcriiricr sppuneasnt condition es of thc date cf this Lease snd Hwt this
thereto, ers in goad, clean, safe and tsnsatshlc
provimon shall be conclusively binding on tho parties hereto, snd (iv) acknowledger that Landlord is trying on utch acceptance and sgrcwnent ss
consideration Ibc psrries acknowledge snd agree Hurt dm
for entering into this Lease. square Ibotsge given in the Basic Lease
pmviricns rcpreamtx a ftgum to which the patties sbpulstc, of rent ar eny other mant should any
aod Hist there shaU be co sdjustmeat
subsiqucra mecurwnent of thc Premises rniuk in s diifcnmt Sgnra
13. Dalai Lj)gibe. landlord shag tender possession
of the prerotsm to Tenant on or before the Commcncemwn Dme, ss
Date shag be attended for no mme than 90 days for eny snd sg delays
dmcribcd in the Banc Lease Provisions, provided tbst the Commeacement
IfLandlOrd feib to deliver possession
control of Landlonl
rcsutdng from causes beyond ihc reasonable by such data other Hmn duc ai delays
beyond dw remonsble conn»i cf LendlonL Tecrnt. cs its sole rcnwdy and in keu of sg other remedies provided herein or by 'lsw, msy, st its
40 dsy Nonce of Tctmlnsdon, snd if
election. reiinkuns this Lmse by scivtng on Landlord st any tlnw atter the Commencemcot
wrinen
Date a
within the 60 dsy notice period (p/us up m 90 days of delays due to causes beyond rhe msonable control
Landlord has not debvciud possession
of Lsndlmd), this Lane shag terminate, ead neigmr psny shell have any fiuthcr rights hetetmder.
ARTICLE 2
2,1. Besejienc
Tenant agtcm to psy to Lccdlonb as monthly reot, catboat deductioe, set»If, pricrnorice, or demand, the sum
per month sct forth sr Base Rent ia tbc Basic Lcare Provisions, in advance tm the Sist day of ecch snd every mouth commcncmg on thc Rent
.
Comtucucemcm Date, to Landlord or its agent, at tbe Rent Address, or at such othw place or places Lsndlmd msy, from bme m time, dmignste
by u riken aotice delivered tc Tenace
2.2. Upoo tbc execution of this Lease by Teaant, Tenant shag deposit with Landlord the first iustsflment of
~seen 'Ikj2$90$ 1$
Base Rent due hercuadtc snd the smn set fmth in ths Basic Lease Provisions as end fcr a Security Deposit m seoxa the ttddrful perfonnance by
Tenant uf
sech
tmm,covenant IfTenant shall at sny time Hul to dmriy
and ixmdnion to bc performed or observed by Tensor under this Lease.
make any payment due or gtg to Hmeiy Perform or clunrve sny term, covenant m ccsihticn oe its psst to be pergrmsd cr observed under this
iti
Lcssc, Landlord may, without waiving or rcicssiog Tcnem liam any cbligsuon under Ns Lease, and without waiving
right to irma such
to remedy such faihrc of
hdiurc as e dcgtuh hwecf, use, apply, cr retain the whole cr any pert of the Secunty Deposit reasonably necessary
Tenant su4 tc compensate it suigsrs thereby.
Landlord fci damage In ruck event Tenant sbsg, wiNO tive (5) days of wntten demand
by
Lsndlond, nurtit to Landlmd suflic(ent funda to testate said Security Deposit m its ongiusl soar, Tenant's failure to do so sbeU be s material
, Lsndlonl shall not be a uusree of the Sectmty Deposit sad msy ccmmiaglc it, uss it in onhnsry business, ttsucfsr or assign
breech of this Lcssc.
it, or use it in say ccmbmstion of those ways
Lsudlmd alone shsU be entitled to any earnings or httsncn on the Security Deposit.
Shouhl Twumt
and coaditioas, iocludbqb without Unutsdmr, iti obbgatkm to tknriy psy all amounts due hwcuadcr ss
ccrnply wkh sU of said tenne, acveneuts,
tbe same become due, asd et the eod cf the term of this Isaac leave thc Premises in ths condition mquusd by tbe tcmw of this Lease, then said
Security Deposit shag be returned tc Teusni following the tsrmmsticn of nus Lease sad scrreudcr of the Premises by Tenant
agamst
assessed
~.
Reel Pmcertv Teeant shall psy, ss addiYicnsl rsnt, ag personal pmpsny taxes snd sg real propwty taxes levied or
the Butldntg, ihs pr»jest,
snd/or the Leod, sttributelde or Tenam's
solely tu Tenant's
buriness Improvcmeots
by any
cnnty m pubhc wuhonty, cnd shag make such payment direcdy tc the mxing authority prior to tbc
govenunemal elinqucncy date thereof.
Faihuu of Tcasnr
to cf
pay anythe under
Hdr
charges ss rsqmted 23
Section default
ccncgtute
shsU a cams
thc
under in
hereoflike
mwmcr
ss
As used herein, the tenn "real pmpcrty taxer" shaB indudc every form of tax, charge, levy,
fsilere to pey Bess Rent when dun srsssnuwt,
mulnmnsnce mmssmcut, fcix Ucease fcc, service fss (includmg. without limitsrioa, those based an commercial rentals. energy,
sewer sssessrncnt,
grcuudrL ordkuuy ot extrsongnmy,
or cavironmentsl imposed by any authority having direct or indirect power to tex, indudlng, withoat
m ibs imposed
limirstlo. sny city, county, state, or federal govenunent, cr any unprovemcnt 4istrict. snd soy such tsx, charge, levy, assessmeut
for acy tsx previously mcludcd vnthm ihe deflnliion of msi pmpeny tsx, partially or totally, witcthia or not
in 'eddititm to or ht subsmruricn
within
or now
foreseeable ihecontemplstics of the pwties.
2 4. Late Charac. thm the late payment of Bess Rent m any other sum due fmm Tenant will cause
Tenant acknowledges
Lendknd to incur costs not cmuemplated by Ns Lease, tke exact amount of sech costs being exuenudy diiflcuk snd bnpmcritrd to fix. Such
costs rudude, without linutatfion, pmccssing ead coccundng chsrgm and lets chargm thai mey be imposed cn Landlord by the wes of sny
cncumhanm nsd nona secured by sny eocumbrenor covsnug thc Premises snd thc cost of money used by Lmdlmd in place of such Base Rent
Thersfmu. ifsny 'tslbneai of Base Rent or other anuxurr dus fl»m Tenant is aot received by Landlord uctbin five (S) days altar
or other sum.
the same is due, Tensm sbsg psy to lxndlmd upca denumd as s late charge an additional rum equal to tke greeter of $ 100.00 or 10% of said
instsllmeat of Bass Rent or other amount. a fair snd reswmsble estimate of the cosw Hist
Tbc parties agree tbst riih late charge mpresests
Acceptsoce of any late charges shall not ccnsrimts s waiver of Tenant's dethult with
Landlturi will incur by reason of lets payment by Tenant
respect to the overdue amount. or prevent Landlord Som exercising sny of the rigbts and remedies available m Landlord under this Lease or by
~,
lswSucb late charge shag bs ccnridercd end be dne ss additional rent
2.5. Ugttugd $ whether or aol cogcctsd, fci three (3) instsgmcntr of Biee
ln thc event that s late charge is payable
ifLsndlind shall ro mqucst, in
Rect or eny other mcxccuy obligation of Tensor under Htc tenne of this Lmsc, Tcssat studl psy to Landlord,
other required
peymentc
addition to sny under
dds monthly
Lease,
e advance
insmgm payable st the same time as ths Base Rent, as catenated
ant,
by Landlord, fin resi property tsx sn4 insurance expenses
an dw Prcrohuu which srs payable by Tenant under. ths
Such fund
@his Lease.
DAN
I
Tenant
219UI208713
DoouSign Envuiope ID; SOA27B3D».. -OOC2 rIUDCCCP28F3CCA38
to insure paynxet when duo, begun dclicqueocy, of eny or sg such real pnqxxty taxes and lnsunmcc prannuns.
shsfl bc established If thc
smouna paid to Landlord by Tenant under tbo pmvislone of this Scctira arc Jnsuiflcicnt to discharge thc obflgedons of Tenant to pay such retd
pmpaty taxes snd msuraacc prcmnuns sl tbo serac become duc, Tenant shafl psy to Landlord. upon Landlord's dausnd, such ekhbossl sums
AU moneys paid to Lendtad under dr» Sccdon msy be imamingicd with orita moneys of Ltmdlotd snd shell
ncccsnny to pay such obligations.
In thc event of a ddaulr in tbc obligations cf Tenant io perform under this Lease, then soy balance rcmainmg fiom heds paid
not beer intacst.
ui Landlord under the prmrisioos of this Sccriox msy, et the option of Lentgord, bo applied to thc payment of any monasiy doflmh of Tonant in
lieu of being applied to ibc psyinent of reel property tsx and msunacc premiums.
2 6. Tensor shag psy ss eddihonal ren sfl suun of money required to be paid pursuant to this Lease, whcthcr
Afldriionel Beat.
or not the same bc desigestcd If such amounts or charges
ss "additional rent." sre not paid at de arne
pmvidcd in this Lease, they shall
be collectible as additenal net with the next instshmsnt of Base Rent thaesher
nevathdcss ibhing duc, but nothing herein amminal riafl be
dccmod to suspend or daley iha payment af any amount of money or charge at thc fimc thc same bccmnei duo and psychic hcrcundcr or to hmit
sny other remedy of Inndlorrh
2 7. jbeigBB. AU rent eud other smourds psychic by Tenant umla dus Lease shah be rounded to thc assent whole doflsr.
In
the event that any statement
or mvmca prepaed such kracmey shall not constnne s waiver and Tenant rimll be
by Landlord Is Jnacanate
obhgstsd to psy tbe amount set Satb ia this Lease,
Rest for sny penod duriog the tens hereof which is Ibr less then ane hrU cslsodsr marih shall
be pnuuted based upon the acnel number of days of said month.
Payment of rant and sU other amounts payahkr by Taumt sbefl be made to
Landlord at thc Rent Address stated haec or to such other persons e'hrcc ss Landlad msy fimn tieo to nme designate in writing. In the evem
that aoy check, drag, or other insumneot of payment gives by Tenant to Lsndicxd is dirhonored fot eny icsee, Tenant agrees to psy io Lsndlad
de sum of $25 in addition to any late charge end Landlord, st its sole etertlox, mey rcquirc ah fimne ivct snd cher amounts ba pa(d by cashier'
check.
Payments fiat to scaued
vnh be eppged snd attorneys'eei,
late charges second intacsh third to Sass
to scaued Rest, eed sny
inmsming amount io anY other outsleithng charges or costs, or in any other Nsrmtr elected by Lsndloni m its sole drscrcd on.
ARTICLE 3
USE OF PREMSES
3 'I. Tenant shah usc thc Premiscr for opaating snd conducting thc burincm specified m thc Basic Lasso
pBBUBUJLjjgis
smi shall not usc tbc Premises fa any othor pcrpoao whatsoever,
Partisans, Without limiting thc gcnasflty of lhc Ibrcgoing, Tenant shsU eot
osc thc prcmisos for aey ovenught imidarnst usc. of s ptojca sech as ihc proiax is dependent
Tenant acknowkdgcs and sipom that the success
upon Landlord bang able lo msiotain, In its sole sel absolute disacticn, s so caged "quality tenant mix" whwcby Lsndlad sdccts snd lcesca
space in the projoct to quality tenace providing dlflbrcnt sevlan, gnwh, and tnachmhsc to customers so ss to create \he synergism ncccssay
for s succcaful commercial project. Thacfcm, Texsnt egress rhsi neither ii, nor its succcmas
and ssriges ss pamined by this Lcssc, shell have
thc right in «hangs the Pcrmiittcd Usc.
32. Qgggllanon of levcancc: lnecsec in Invcrenc~t
Tauun rhsU not do, bring, keep or allow anything in or about rhc
Premises, Including without limitations thc expressly pennittel usc, that msy hc dangerous or msy cause s nmcchstion of any iiisurancc covaing
thc Building or
the If
projccx cato of sny
ibe csmcd
insurance by iacrcescd as s result of Tenant's grilurc to pcrfonn its obligstioss
Lesdlord
is
sa forth m thc prccahng sentence or by Tenant's usc or occupancy of thc Prrnuscs, Tcemt shsfl psy to Lsndled, within I0 days cher Landlord
dchvcrs to Tenant a snnament from Landlord's insurance csrria which scans tbc amount of rato increase snd that said mcrcssc wss caused solely
by xn ectivity of Tenant or s emdtriat pamincd by Tenant at drc Prcmiscs (prmrldcd rhst nothing hacin sbsfl bc deemed m sfloiv sn aotivity or
cauhticn not winds ihs use permined la this Lease), a suta eqiisl to thc OJNueucc between the ony'nsl prennutn snd thc buxeascd
praaium
Tenant shall comply with any and eh requireincnts of sny insurer of the Prcmkas which penain to the Premises snd which sre necessary
%%dr the
mentensacc of tho
~
required or provided for
insunmce
thc
sole cost vnth afl laws
Tensut's ~
herein.
At sg ihner during tha num sed my exiensicn dtereofl Tenant shall comply et
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Mark K. Oto, Esq. ¹100058 Z I X. E lo 255 North Market Street SAN MATEO COU~ Suite 285 30 San Jose, Telephone: California 95110 (408) 283-0220 DEC Z013 t the SMpsrlor ~ Attorney for Plaintiff CLgg SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 CIVILDIVISION, SOUTHERN BRANCH 12 Karen Lee Finney, Charles Cheng No. C'Li.JJZ'M M7 and Ryan D. Finney, Trustees of 13 the Karen Lee Finney Trust, Jeanette Aaronson, Trustee of 14 the Jeanette Aaronson Trust, 15 Plaintiff, 16 vs. COMPLAINT FOR UNLAWFUL DETAINER 17 (DOES NOT EXCEED $ 10,000; LIMITEDCIVILCASE) 18 Glenn Mendoza, 19 and Does 1-10 inclusive, 20 Defendantsl 21 Plaintiff, Karen Lee Finney, Charles Cheng and Ryan D. Finney, Trustees of the Karen 22 Lee Finney Trust, Jeanette Aaronson, Trustee of the Jeanette Aaronson Trust, (hereinafter 23 referred to as "PlaintifF', alleges as follows: 24 1. Plaintiffs, Karen Lee Finney, Charles Cheng and Ryan D. Finney, are, and at all 25 times herein mentioned were, individuals over the age of eighteen (18) years and are the current 26 27 active Trustees of the Karen Lee Finney Trust. Plaintiff, Jeanette Aaronson, is, and at all times 28 herein mentioned was, an individual over the age of eighteen (18) years and is the current active Trustee of the Jeanette Aaronson Trust. COMPLAINT FOR UNLAWFUL DETAINER 2. Plaintiffs, the Karen Lee Finney Trust and the Jeanette Aaronson Trust, are the owners of the property, possession of which is sought in this action. 3. Plaintiff is ignorant of the true names and capacities of all Doe Defendants set forth in the caption herein, and therefore sues these Defendants by such fictitious names. Plaintiffprays leave to amend this Complaint to allege their true names and capacities when the same have been ascertained. 4. Plaintiffis informed and believes, and based thereon alleges that, at all times 9 10 herein mentioned each of the Defendants sued herein was the agent of each of the remaining Defendants, and was, at all times, acting within the purpose and scope of such agency. 12 5. Plaintiff is informed and believes, and based thereon alleges that, all Does 13 names in the caption herein, are unlawfully in possession of the Premises, as more particularly 14 alleged herein below. 15 6. On or about October 11, 2012, Plaintiff, through Plaintiffs agent, leased to 16 Defendants, Glenn Mendoza, and each of them, certain premises commonly known as 604 17 18 Bayport Avenue, San Carlos, CA 94070, San Mateo County (hereinafter "Premises" ), under a 19 lease in writing (hereinafter "Lease Agreement" ). A true and correct copy of said Lease 20 Agreement is attached hereto as Exhibit "A"and incorporated herein by this reference. Plaintiff 21 of them, 7. Defendants, and each entered into possession of the Premises on or 22 about the date set forth in the preceding paragraph and continues to occupy said Premises. 23 8. ha performed all of the terms and conditions of the Lease Agreement 24 on PlaintifFs part to be performed. 25 26 9. By the terms of said Lease Agreement, Defendants, and each of them, were 27 required to pay Plaintiff Base Rent (hereinafter "Rent") for the use of said Premises, payable in 28 advance on the first (1") day of each and every month throughout the term of the Lease Agreement. The current Rent for the Premises is $ 757.00 per month. COMPLAINT FOR UNLAWFUL DETAINER 10. Defendants, and each of them, have failed to pay the full rental amount due and owing for the Premises, and there is now due, owing and unpaid for Rent under and pursuant to said Lease Agreement in the estimated sum of $ 4,859.00 for the period through and including December 2013. 11. On December 13, 2013, Plaintiff, in compliance with Code of Civil Procedure 7 Section 1161(2), caused to be served on Defendants, and each of them, a written notice 8 (hereinafter "Notice to Pay Rent or Quit") stating the estimated amount of Rent then due and 9 requiring Defendants, and each of them, to pay the full amount thereof, or to deliver up 10 possession of said Premises within three (3) days after service of said Notice to Pay Rent or 12 Quit. Said Notice to Pay Rent or Quit declared an election for forfeiture of the Lease 13 Agreement. A true and correct copy of said Notice to Pay Rent or Quit is attached hereto as 14 Exhibit "B" and incorporated herein by this reference. A true and correct copy of the proof of 15 service for the Notice to Pay Rent or Quit is attached hereto as Exhibit "C" and incorporated 16 herein by this reference. 17 12. More than three (3) days have elapsed since said Notice to Pay Rent or Quit, as 18 19 referred to above, was served on Defendants, and each of them, and Defendants, and each of 20 them, have failed to pay said Rent or deliver up possession of said Premises. Plaintiff is 21 entitled to immediate possession of the Premises., 22 13. Said Lease Agreement provides for the payment by Defendants, and each of 23 them, to Plaintifffor PlaintifFs attorneys fees incurred in this action. Plaintiff has retained 24 Mark K. Oto, Esq. to prosecute the within action, and Plaintiff is therefore entitled to attorneys 25 fees according to proof. 26 27 14. Defendants, and each of them, continue in possession of said Premises, without 28 PlaintifFs permission or consent and contrary to the terms of said Lease Agreement. COMPLAINT FOR UNLAWFUL DETAINER 1 15. The reasonable rental value of the Premises is $ 25.23 per day, and Plaintiff is 2 3 entitled to damages in that amount from and after the expiration of the Notice to pay Rent or Quit, as referred to above, for Defendants, and each their, continued possession of the Premises. WHEREFORE, Plaintiffprays for judgment against Defendants, and each of them, as follows: 1. For immediate restitution of said Premises; 2. For a declaration that the Lease Agreement has been forfeited; 10 3. For the Rent of said Premises now due, owing and unpaid, as more particularly 12 set forth above; 13 4. For damages for the unlawful detention of the Premises in the amount of $ 25.23 14 per day &om and after the expiration of the Notice to Pay Rent or Quit period, as set forth 15 above; 16 5. For costs of suit, interest, and attorneys fees according to proof; and 17 6. For such other and further relief as the Court deems just and proper. 18 19 Dated: December 30, 2013 20 MARKK. OTO 21 Attorney for Plaintiff 22 23 24 25 26 27 28 COMPLAINT FOR UNLAWFUL DETAINER VERIFICATION I, Mark K. Oto, declare: I am an attorney at law duly admitted and licensed to practice law before all courts of this State and I have my professional office at 255 North Market Street, Suite 285, San Jose, California 95110. I am the attorney of record in the above-entitled matter. At the time of the signing of this Complaint, Plaintiff (or its authorized agent) was outside the County of my law practice and was unable to execute this Verification and for that 10 I am reason, executing the same. 11 I have read the foregoing COMPLAINT. FOR UNLAWFUL DETAINER, and I am 12 informed and believe that the matters stated therein are true, and on that ground, I allege that 13 the matters stated therein are true. 14 15 I declare under penalty of perjury that the foregoing is true and correct, and that this 16 declaration was executed on this 30th day of December 2013 at San Jose, California. 17 18 Mark K. Oto 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR UNLAWFUL DETAINER t3ocuSign Envelope ID: 54A2rgat3 40C246rtC4CF28F3CCA36 Basic LeaseProvisions Date: Reference October 11, 2012 Landlord: Karen Lee Finnev. Charles Chena. of the KAREN LEE and Rvan D. Fmnev. trustees trustee of the 3EANElTE AARONSON HNNEY TRUST and. JeanettcAaronson. ~UST. GLENN MENDOZA. ~b't feet of space, the location of which is indicated on Approximately 700 square rI1 hereto, in the building located at 604 Bavnort Avenue. San Carlos, California, which is part of the E.S.C. Buildlna. the right at any time, and fiom Landlord hereby mserves or additions to the Premises, time to time, to make alterahons and to ilnstall, maintain, use, repair, and replace pipes, ducts, conduits, and wires, leading through, under, or in locations serving other parts ofthe project, which wiH not over the prenuses, use of the Premises. materially interfere with Tenant's the right Landlord also reserves to enlarge the area of thc project by acquisition or leasehold, to construct other in the Project, frmn time io time, to mshe alterations buildings or improvements thereof or additions thereto, to build additional stores on any buihhng or buildings, to build adjoining same, and to consnuct perking facilities. Three Years. Commencement 'October 25. 2012 Date: Expiration Date: October 31. 2015 ~ Base Rent: November1, 2012, through October 31, 2013; $ per month per month November 1, 2013, through October 31, 2014: $ 77~. 11 ~00 per month November I, 2014, through October 31, 2015: $ Date: Rent Commencement ~vember l. 2012 Rent Address: Aveeg 604 Bavuort CA 94070 San Carlos Security Deposit: $ 7335 Uee: Business WU use for offic k storaae. of Demolition Combined Single $ 2.000.000. l,iebility Limit.'otices: To Landlord: To Tenant ESC Buildina ~ Glenn Mendqga $ 00 Harbor Blvd. 706 Bountv Drive ¹608 Belmont. CA 94002 Citv. CA 94404 650-592-1178 Telephone No.: Alternate No.: 650-592-2375 Exhibits: of premises Description of Lease Guaranty Disclosures Rules And Regulations Tenant 21%820671 3 Docugign Ertvntopn ID: 54A27B3~ .. 40c2-SUDC-sCF28F3CCA30 GROSS INDUSTMALLEASE tc Tenant snd Tenant hereby lesser Landlord hereby leases m thc Basic Lease Provisions, dcscnbcd Som Landlord thc Premises terms, snd conditions of this Lease snd resenriag and excepting to mbleci tc eny superior liens cr cncumbnmcci snd subject to the covenants. Landlord tbe i»ofand the ngbt to install msrnadu, use, repair, end replace fscibties tu or leading qu»ugb thc Prcnuses, in locsriorw which do nct matensgy interfere with a permimxl uss thereof by Tenant (or. ifrnstwlal interibrcace results thcmitum, proridcd Tenant is grunted reasonable dun this lease confcm uc righw ctthar wrtb regsnl to the subsurface therefor) snd pnnnded sgowsnce of thc land (herein caged thc Lend") below the gmund level of the boilding ihcrein caged "thc Building") in tbc project (the "project") iu which the prcmism arc located, or widr regard tc airspace, Interior or extwior, above the eading of the Striding, ARTICLE I ~ament 1.1 ~. TERM OF LEASE ~ Thn Lease shag bc ibr the term set fonh m Hw Basic Lease Provisiomi ccmmaacmg et I2HII A M. on thc Dsw snd eading et 'I I: S9 9 hh ca dtc Sxpiradcn Dsw ualcss sooacr tenninatcd cr extended ss herein ptovtded. In thc event that sbagbc subject tn ag the provisions of Landlord sbsg penmt Tenant tc occupy the premises pricr tc the Commeccecsent Date, such tius Lmse snd shag not advance the Sxp'uaticn Data 12. Accenmnce of ths Premises. is swam of their condition, hss measured or bosn gives Tenant fli) hai examined tke Premises, ~ tbc square footage of dw Pmrnises. sn oppmumity to measure with tbst Landlord hss made no wananty or rsptesenbtricn end ackecwledgcr (ii) accepts to same, respect snd improvemcnw thereon in tbiir prcscrn "ss is" ccndinon, the Pnumses (iii)agrem that Hte Premises sad impt»vemcnts, aad Bcriiricr sppuneasnt condition es of thc date cf this Lease snd Hwt this thereto, ers in goad, clean, safe and tsnsatshlc provimon shall be conclusively binding on tho parties hereto, snd (iv) acknowledger that Landlord is trying on utch acceptance and sgrcwnent ss consideration Ibc psrries acknowledge snd agree Hurt dm for entering into this Lease. square Ibotsge given in the Basic Lease pmviricns rcpreamtx a ftgum to which the patties sbpulstc, of rent ar eny other mant should any aod Hist there shaU be co sdjustmeat subsiqucra mecurwnent of thc Premises rniuk in s diifcnmt Sgnra 13. Dalai Lj)gibe. landlord shag tender possession of the prerotsm to Tenant on or before the Commcncemwn Dme, ss Date shag be attended for no mme than 90 days for eny snd sg delays dmcribcd in the Banc Lease Provisions, provided tbst the Commeacement IfLandlOrd feib to deliver possession control of Landlonl rcsutdng from causes beyond ihc reasonable by such data other Hmn duc ai delays beyond dw remonsble conn»i cf LendlonL Tecrnt. cs its sole rcnwdy and in keu of sg other remedies provided herein or by 'lsw, msy, st its 40 dsy Nonce of Tctmlnsdon, snd if election. reiinkuns this Lmse by scivtng on Landlord st any tlnw atter the Commencemcot wrinen Date a within the 60 dsy notice period (p/us up m 90 days of delays due to causes beyond rhe msonable control Landlord has not debvciud possession of Lsndlmd), this Lane shag terminate, ead neigmr psny shell have any fiuthcr rights hetetmder. ARTICLE 2 2,1. Besejienc Tenant agtcm to psy to Lccdlonb as monthly reot, catboat deductioe, set»If, pricrnorice, or demand, the sum per month sct forth sr Base Rent ia tbc Basic Lcare Provisions, in advance tm the Sist day of ecch snd every mouth commcncmg on thc Rent . Comtucucemcm Date, to Landlord or its agent, at tbe Rent Address, or at such othw place or places Lsndlmd msy, from bme m time, dmignste by u riken aotice delivered tc Tenace 2.2. Upoo tbc execution of this Lease by Teaant, Tenant shag deposit with Landlord the first iustsflment of ~seen 'Ikj2$90$ 1$ Base Rent due hercuadtc snd the smn set fmth in ths Basic Lease Provisions as end fcr a Security Deposit m seoxa the ttddrful perfonnance by Tenant uf sech tmm,covenant IfTenant shall at sny time Hul to dmriy and ixmdnion to bc performed or observed by Tensor under this Lease. make any payment due or gtg to Hmeiy Perform or clunrve sny term, covenant m ccsihticn oe its psst to be pergrmsd cr observed under this iti Lcssc, Landlord may, without waiving or rcicssiog Tcnem liam any cbligsuon under Ns Lease, and without waiving right to irma such to remedy such faihrc of hdiurc as e dcgtuh hwecf, use, apply, cr retain the whole cr any pert of the Secunty Deposit reasonably necessary Tenant su4 tc compensate it suigsrs thereby. Landlord fci damage In ruck event Tenant sbsg, wiNO tive (5) days of wntten demand by Lsndlond, nurtit to Landlmd suflic(ent funda to testate said Security Deposit m its ongiusl soar, Tenant's failure to do so sbeU be s material , Lsndlonl shall not be a uusree of the Sectmty Deposit sad msy ccmmiaglc it, uss it in onhnsry business, ttsucfsr or assign breech of this Lcssc. it, or use it in say ccmbmstion of those ways Lsudlmd alone shsU be entitled to any earnings or httsncn on the Security Deposit. Shouhl Twumt and coaditioas, iocludbqb without Unutsdmr, iti obbgatkm to tknriy psy all amounts due hwcuadcr ss ccrnply wkh sU of said tenne, acveneuts, tbe same become due, asd et the eod cf the term of this Isaac leave thc Premises in ths condition mquusd by tbe tcmw of this Lease, then said Security Deposit shag be returned tc Teusni following the tsrmmsticn of nus Lease sad scrreudcr of the Premises by Tenant agamst assessed ~. Reel Pmcertv Teeant shall psy, ss addiYicnsl rsnt, ag personal pmpsny taxes snd sg real propwty taxes levied or the Butldntg, ihs pr»jest, snd/or the Leod, sttributelde or Tenam's solely tu Tenant's buriness Improvcmeots by any cnnty m pubhc wuhonty, cnd shag make such payment direcdy tc the mxing authority prior to tbc govenunemal elinqucncy date thereof. Faihuu of Tcasnr to cf pay anythe under Hdr charges ss rsqmted 23 Section default ccncgtute shsU a cams thc under in hereoflike mwmcr ss As used herein, the tenn "real pmpcrty taxer" shaB indudc every form of tax, charge, levy, fsilere to pey Bess Rent when dun srsssnuwt, mulnmnsnce mmssmcut, fcix Ucease fcc, service fss (includmg. without limitsrioa, those based an commercial rentals. energy, sewer sssessrncnt, grcuudrL ordkuuy ot extrsongnmy, or cavironmentsl imposed by any authority having direct or indirect power to tex, indudlng, withoat m ibs imposed limirstlo. sny city, county, state, or federal govenunent, cr any unprovemcnt 4istrict. snd soy such tsx, charge, levy, assessmeut for acy tsx previously mcludcd vnthm ihe deflnliion of msi pmpeny tsx, partially or totally, witcthia or not in 'eddititm to or ht subsmruricn within or now foreseeable ihecontemplstics of the pwties. 2 4. Late Charac. thm the late payment of Bess Rent m any other sum due fmm Tenant will cause Tenant acknowledges Lendknd to incur costs not cmuemplated by Ns Lease, tke exact amount of sech costs being exuenudy diiflcuk snd bnpmcritrd to fix. Such costs rudude, without linutatfion, pmccssing ead coccundng chsrgm and lets chargm thai mey be imposed cn Landlord by the wes of sny cncumhanm nsd nona secured by sny eocumbrenor covsnug thc Premises snd thc cost of money used by Lmdlmd in place of such Base Rent Thersfmu. ifsny 'tslbneai of Base Rent or other anuxurr dus fl»m Tenant is aot received by Landlord uctbin five (S) days altar or other sum. the same is due, Tensm sbsg psy to lxndlmd upca denumd as s late charge an additional rum equal to tke greeter of $ 100.00 or 10% of said instsllmeat of Bass Rent or other amount. a fair snd reswmsble estimate of the cosw Hist Tbc parties agree tbst riih late charge mpresests Acceptsoce of any late charges shall not ccnsrimts s waiver of Tenant's dethult with Landlturi will incur by reason of lets payment by Tenant respect to the overdue amount. or prevent Landlord Som exercising sny of the rigbts and remedies available m Landlord under this Lease or by ~, lswSucb late charge shag bs ccnridercd end be dne ss additional rent 2.5. Ugttugd $ whether or aol cogcctsd, fci three (3) instsgmcntr of Biee ln thc event that s late charge is payable ifLsndlind shall ro mqucst, in Rect or eny other mcxccuy obligation of Tensor under Htc tenne of this Lmsc, Tcssat studl psy to Landlord, other required peymentc addition to sny under dds monthly Lease, e advance insmgm payable st the same time as ths Base Rent, as catenated ant, by Landlord, fin resi property tsx sn4 insurance expenses an dw Prcrohuu which srs payable by Tenant under. ths Such fund @his Lease. DAN I Tenant 219UI208713 DoouSign Envuiope ID; SOA27B3D».. -OOC2 rIUDCCCP28F3CCA38 to insure paynxet when duo, begun dclicqueocy, of eny or sg such real pnqxxty taxes and lnsunmcc prannuns. shsfl bc established If thc smouna paid to Landlord by Tenant under tbo pmvislone of this Scctira arc Jnsuiflcicnt to discharge thc obflgedons of Tenant to pay such retd pmpaty taxes snd msuraacc prcmnuns sl tbo serac become duc, Tenant shafl psy to Landlord. upon Landlord's dausnd, such ekhbossl sums AU moneys paid to Lendtad under dr» Sccdon msy be imamingicd with orita moneys of Ltmdlotd snd shell ncccsnny to pay such obligations. In thc event of a ddaulr in tbc obligations cf Tenant io perform under this Lease, then soy balance rcmainmg fiom heds paid not beer intacst. ui Landlord under the prmrisioos of this Sccriox msy, et the option of Lentgord, bo applied to thc payment of any monasiy doflmh of Tonant in lieu of being applied to ibc psyinent of reel property tsx and msunacc premiums. 2 6. Tensor shag psy ss eddihonal ren sfl suun of money required to be paid pursuant to this Lease, whcthcr Afldriionel Beat. or not the same bc desigestcd If such amounts or charges ss "additional rent." sre not paid at de arne pmvidcd in this Lease, they shall be collectible as additenal net with the next instshmsnt of Base Rent thaesher nevathdcss ibhing duc, but nothing herein amminal riafl be dccmod to suspend or daley iha payment af any amount of money or charge at thc fimc thc same bccmnei duo and psychic hcrcundcr or to hmit sny other remedy of Inndlorrh 2 7. jbeigBB. AU rent eud other smourds psychic by Tenant umla dus Lease shah be rounded to thc assent whole doflsr. In the event that any statement or mvmca prepaed such kracmey shall not constnne s waiver and Tenant rimll be by Landlord Is Jnacanate obhgstsd to psy tbe amount set Satb ia this Lease, Rest for sny penod duriog the tens hereof which is Ibr less then ane hrU cslsodsr marih shall be pnuuted based upon the acnel number of days of said month. Payment of rant and sU other amounts payahkr by Taumt sbefl be made to Landlord at thc Rent Address stated haec or to such other persons e'hrcc ss Landlad msy fimn tieo to nme designate in writing. In the evem that aoy check, drag, or other insumneot of payment gives by Tenant to Lsndicxd is dirhonored fot eny icsee, Tenant agrees to psy io Lsndlad de sum of $25 in addition to any late charge end Landlord, st its sole etertlox, mey rcquirc ah fimne ivct snd cher amounts ba pa(d by cashier' check. Payments fiat to scaued vnh be eppged snd attorneys'eei, late charges second intacsh third to Sass to scaued Rest, eed sny inmsming amount io anY other outsleithng charges or costs, or in any other Nsrmtr elected by Lsndloni m its sole drscrcd on. ARTICLE 3 USE OF PREMSES 3 'I. Tenant shah usc thc Premiscr for opaating snd conducting thc burincm specified m thc Basic Lasso pBBUBUJLjjgis smi shall not usc tbc Premises fa any othor pcrpoao whatsoever, Partisans, Without limiting thc gcnasflty of lhc Ibrcgoing, Tenant shsU eot osc thc prcmisos for aey ovenught imidarnst usc. of s ptojca sech as ihc proiax is dependent Tenant acknowkdgcs and sipom that the success upon Landlord bang able lo msiotain, In its sole sel absolute disacticn, s so caged "quality tenant mix" whwcby Lsndlad sdccts snd lcesca space in the projoct to quality tenace providing dlflbrcnt sevlan, gnwh, and tnachmhsc to customers so ss to create \he synergism ncccssay for s succcaful commercial project. Thacfcm, Texsnt egress rhsi neither ii, nor its succcmas and ssriges ss pamined by this Lcssc, shell have thc right in «hangs the Pcrmiittcd Usc. 32. Qgggllanon of levcancc: lnecsec in Invcrenc~t Tauun rhsU not do, bring, keep or allow anything in or about rhc Premises, Including without limitations thc expressly pennittel usc, that msy hc dangerous or msy cause s nmcchstion of any iiisurancc covaing thc Building or the If projccx cato of sny ibe csmcd insurance by iacrcescd as s result of Tenant's grilurc to pcrfonn its obligstioss Lesdlord is sa forth m thc prccahng sentence or by Tenant's usc or occupancy of thc Prrnuscs, Tcemt shsfl psy to Lsndled, within I0 days cher Landlord dchvcrs to Tenant a snnament from Landlord's insurance csrria which scans tbc amount of rato increase snd that said mcrcssc wss caused solely by xn ectivity of Tenant or s emdtriat pamincd by Tenant at drc Prcmiscs (prmrldcd rhst nothing hacin sbsfl bc deemed m sfloiv sn aotivity or cauhticn not winds ihs use permined la this Lease), a suta eqiisl to thc OJNueucc between the ony'nsl prennutn snd thc buxeascd praaium Tenant shall comply with any and eh requireincnts of sny insurer of the Prcmkas which penain to the Premises snd which sre necessary %%dr the mentensacc of tho ~ required or provided for insunmce thc sole cost vnth afl laws Tensut's ~ herein. At sg ihner during tha num sed my exiensicn dtereofl Tenant shall comply et