Preview
PLD-PI-001
Linh N. Tran
IPO Box 51527
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[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): | FOR COURT USE ONLY
San Jose, CA 95151 i
TELEPHONENO: (669) 350;5252 FAX NO. (Optional):
E-MAIL ADDRESS (Oplianal}: ‘
ATTORNEY FOR (Name): Self-represented
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 2020
STREET ADDRESS: 191 N First sien SEP 02
MAILING ADDRESS: 191 N First Street
city ano zip cove: San Jose, CA 95113 Clerk of the Court olen
BRANCH NAME: Civil Division Suppgr CpAin of CA County of Sat i
BY, DEPUTY]
PLAINTIFF: Linh N. Tran
DEFENDANT: Nakajima Yasutomo, Tuan Tran
DOES 1 TO |
COMPLAINT—Personal Injury, Property Damage, Wrongful Death ‘CASE NUMBER:
[] AMENDED (Number): 1
Type (check all that apply): |
I] MOTOR VEHICLE (J OTHER (specify): '
[__] Property Damage|[__] Wrongful Death
[x] Personal Injury | [x] Other Damages (specify):Punitive, Compensatory :
Jurisdiction (check all that apply): -
[_] ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000 20 c v 36 8 91 8
exceeds $10,000, but does not exceed $25,000 |
[5c] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) |
[(__] ACTION IS RECLASSIFIED by this amended complaint ° |
1
[J from timited to untimited
[J] from unlimited to limited
1. Plaintiff (name or names): Linh N. Tran
alleges causes of action against defendant (name or names): |
Nakajima Yasutomo, Tuan Tran .
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. Each plaintiff named above is a competent adult ‘
a. [__] except plaintiff (dame): !
(aC Ja corporation qualified to do business in California '
(2)C_] an unincorporated entity (describe): t
@Coa public entity (describe): 1
(4) a minor, an adult }
{a) cq for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
{b) (] other (specify):
(5) other (Specify): i
b. [] except plaintiff (name): '
aC a corporation qualified to do business in California '
(2) an unincorporated entity (describe): , |
(3) [_] a public entity (describe):
(4)[_] aminot 7 an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) ([] other (specify): |
(5) [J other (specify): |
CI] Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
t Page tof
Juciciat Council of Califomia wnnw-couris.ce.gov
Farm Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12
PUD-PI-OD1 (Rev. Janvary 1, 20071 Damage, Wrongful Death | .
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|4 PLD-PI-004
SHORT TITLE: | CASE NUMBER:
Linh N. Tran vs, Nakajima Yasutcmo and Tuan Tran,
4, [__] Plaintiff (name): :
is doing business under the fictitious name (specify): |
and has complied wat the fictitious business name laws.
5. Each defendant named above is a natural person —
a. [__] except defendant frame): c. [__] except defendant (name):
(1) a business opganization, form unknown (1) a business organization, form unknown
(2;()a corporation (2) [_] acorporation
(3) (J an unincorporated entity (describe): (3) an unincorporated entity (describe):
I
(4) a public entity (describe): (4) a public entity (describe):
i
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(8) (J other (specify): (5) (] other (specify):
. 1
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b. [__] except defendant (name): d. [__] except defendant (name):
(1) [J a business Organization, form unknown (1) [) a business organization, form unknown
@Cja corporation (CJa corporation
(3) [_] an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4 a public entity (describe): (4) [9 a public entity (describe):
(5) [J other (specify): (5) (J other (specify):
[1 Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a Doe defendants (specify Doe numbers): were the agents or employees of other
named defendants and acted within the scope of that agency or employment. '
b. Doe defendants (specify Doe numbers): are persons whose capacities are unknown to.
plaintiff. 1
7. [__]Defendants who ate joined under Cade of Civil Procedure section 382 are (names):
|
'
8. This court is the proper court because
a. [x] atleast one defendant now resides in its jurisdictional area.
b. [<] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. [3] injury to person or damage to personal property occurred in its jurisdictional area. ,
d. [_] other (specify): ‘
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1
9. [<] Plaintiff is required to comply with a claims statute, and ‘ |
a. [4_] has complied with applicable claims statutes, or
b. (__] is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2007} COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
Page 20f3|
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SHORT TITLE: CASE NUMBER:
Linh N. Tran vs, Nakajima Yasutomo and Tuan Tran
PLD-PI-001
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
. [-] Motor Vehicle |
. [2c] General Negligence |
[3] Intentionat Tort ‘
[_] Products Liability '
[3<] Premises Liability :
[_] other (specify): ,
ganoe
1. Plaintiff has suffered |
(2) wage loss 1
[] loss of use of property :
{c] hospital and medica! expenses
[x] generaldamage
[1] property damage |
[E21 loss of earning capacity \
[x] other damage (specify):
rp aeee
e
Punitive Damage; See attachment PLD-P!-001(6)
12.[7_] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a listed in Attachment 12.
b. as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a (1) compensatdry damages
(2) [<] punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check {1)):
(1) [2] according to proof .
(2) in the amount of: $
15. _] The paragraphs ott complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: September 1, 2020
Linh N. Tran
(IYPE OR PRINT NAME)
PUD-PI-001 [Rev. January 1,.2007] i COMPLAINT—Personal Injury, Property
| Damage, Wrongful Death
Page 30f3
{
1
!
|PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
Linh N. Tran vs. Nakajima Yasgutomo and Tuan Tran
7
10.b. CAUSE OF ACTION—General Negligence Page
(number) !
ATTACHMENT To [2<] Complaint Cross-Complaint |
(Use a separate cause of action form for each cause of action.)
GN-1.Plaintiff (name): Linh N. Tran
alleges that defendant (name): Nakajima Yasutomo and Tuan Tran
[_] Does to
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
‘on (date): July 4, 2odo
at (place):3061 wate Street, San Jose, CA 95111
(description of reasons tor liability):
|, Linh Tran, rent a one-bedroom unit at 3061 Water Street, San Jose, CA 95111 Property’.
Nakajima Yasutomo is the owner of the Property.
Tuan Tran is the “Agent to Owner”.
The rent agreement is effective through October 2020. On July 4th, Tuan Tran told me to move out. He also told me to
move out a few times before July 4, 2020.
During this time of hardship and uncertainty, the moratorium on evictions is intended to help families and individuals keep a
roof over their heads, Any property owners who attempt to remove people from their homes and skirt this order are breaking
the law.
| moved in the apartment on March 29, 2020. Soon after, | discovered that the interior walls were built illegally and the vent
duct in the ceiling which emits hot air should not be there. The landlord illegally divided the property into many rental units,
made them look like private apartments by installing fake walls so that he can charge high rent fees. | brought up these
issues with Tuan Tran but he did not want to talk about them. He told me to move out, instead.
On May 30, 2020, | tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all the lighting outside
of the building after the building inspection and so the winding sidewalk was pitch dark. The outdoor steps and landings are
treacherous. My back was hurl for weeks.
| called the City of San Jose Code Enforcement to report the issues. The City of San Jose inspector could not inspect the
place because of the shelter-in-place order. Tuan Tran ordered me to move out. The other tenants who are on the other
side of the make-shift walls have not been told to move out. This action of the landlord ts retaliatory.
On August 6, 2020, a notice to vacate was taped on my apariment door. The notice threated me that if | failed to surrender
the premise, | would be guilty of unlawful detainer and subject to eviction. 1
The landlord made harassing phone calls to me. He secretly video-taped my apartment, audio-taped my conversations
without my knowledge and consent, which is illegal. That's why | requested a restraining order against him. Case #
20CHC09500.
| am fearful for my life. | have been losing sleep at night because of the anxiety, the fear resulting from the harassment of the
landlord. | don't know if ! can sustain my job due to lack of sleep, tiredness.
Form Approved far Optionat Use i ‘Cade of Civil Procedure 425.12
rudioul Cored of Caltfomia CAUSE OF ACTION—General Negligence = punucourlsca gor
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I Page oft
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PLD-P-001(2) [Rev. January 1, 2007]PLD-P!-001(3)
CASE ye
1
CAUSE OF ACTION—Intentional Tort Page
I
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‘SHORT TITLE:
Linh N. Tran vs. Nakajima Yasutomo and Tuan Tran
10.c.
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S
I
1
1
(eumber) i
\
ATTACHMENT TO =[[_] Complaint Cross-Complaint
(Use a separate cause of ation form for each cause of action.)
IT-1. Plaintiff (name): Linh y Tran
alleges that defendant (name):Nakajima Yasutomo and Tuan Tran '
4
Does | to
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally
caused the damage to plaintiff .
on (date):
at (place): 3061 Water Street, San Jose, CA 95111 '
(description of reasons for liability):
I, Linh Tran, rent a one-bedroom unit at 3061 Water Street, San Jose, CA 95111 (“Property”).
Nakajima Yasutomo is the owner of the Property.
Tuan Tran is the “Agent to Owner’. ‘
The rent agreement is effective through October 2020. On July 4th, Tuan Tran told me to move out. He also told me fo move
out a few times before July 4, 2020. :
During this time of hardship and uncertainty, the moratorium on evictions is intended to help families and individuals keep a
roof over their heads. Any property owners who attempt to remove people from their homes and skirt this order are breaking
the law. .
I moved in the apartment on March 29, 2020. Soon after, | discovered that the interior walls were built illegally and the vent
duct in the ceiling which emits hot air should not be there, The landlord illegally divided the property into many rental units,
made them look like private apartments by installing fake walls so that he can charge high rent fees. | brought up these
issues with Tuan Tran but he did not want to talk about them. He told me to move out, Instead.
On May 30, 2020, | tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all the lighting outside of
the building after the building inspection and so the winding sidewalk was pitch dark. The outdoor steps and landings are
treacherous. My back was hurt for weeks.
I called the City of San Jose Code Enforcement to report the issues. The City of San Jose inspector could not inspect the
place because of the shelter-in-place order. Tuan Tran ordered me to move out. The other tenants who are on the other side
of the make-shift walls have not been told to move out. This action of the landtord is retaliatory.
On August 6, 2020, a Notice to vacate was taped on my apartment door. The notice threated me that if | failed to surrender
the premise, | would be guilty of unlawful detainer and subject to eviction.
The landlord made harassing phone calls to me. He secretly video-taped my apartment, audio-taped my conversations.
without my knowledge and consent, which is illegal. That's why | requested a restraining order against him. Case #
20cHo09500.
1am fearful for my life. | have been losing sleep at night because of the anxiety, the fear resulting from the harassment of the
landlord. | don’t know if | can sustain my job due to lack of sleep, tiredness. !
Page 1oft
Form Appraved for Optional Use . Gode of Gial Procedure § 425.12
Jusicial Counc of Calfomin: CAUSE OF ACTION—Intentional Tort wwwccouris.ce.gov
i
PLD-I-001(3) [Rev. danuary 1, 2007]PLD-PI-004(4)
SHORT TITLE: 1
Linh N, Tran vs. Nakajima Yasutomo and Tuan Tran
te CAUSE OF ACTION—Premises Liability Page 1
(number) '
ATTACHMENT TO [x] Complaint [ Cross-Complaint :
(Use a separate cause of action torm for each cause of action.) !
Prem.L-1.(name):Linh N. Tran |
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date}: May 30, 2020 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
On May 30, 2020, | tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all the tighting outside
of the building after the building inspection and so the winding sidewalk was pitch dark! The ouldoor steps and landings are
treacherous. My back was hurt for weeks. ‘
Location: 3061 Water Street, San Jose, CA 95111
1 .
Prem.L-2. [2] Count One—Negligence The defendants who negligently owned, maintained, managed and
operated the/described premises were (names):
Nakajima Yasutomo and Tuan Tran
[1 Dees | to
Prem.L-3. [Xx Count Two-Lwiiful Failure to Warn [Civil Code section 846] The defendant owners who willfully
(
Nakajima ‘Yasutomo and Tuan Tran
Does | to
Plaintiff, a recreational user, was. an invited guest a paying guest.
Prem.L-4. [3] Count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names):
Nakajima Yasutomo and Tuan Tran
Does to
a. The defendant public entity had [ actual constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. ((_] The condition was created by employees of the defendant public entity.
Prem.L-5.a. [_] Allegations about Other Defendants The defendants who were the agents and employees of the other
defendants and acted within the scope of the agency were (names):
Tuan Tran
Does to ,
b. [] The deferidants who are liable to plaintiffs for other reasons and the reasons for their liability are
(J described in attachment Prem.L-5.b [3¢] as follows (names): '
Nakajima Yasutomo and Tuan Tran |
1 Page tot
Jiage ComelolCalforia PED. | CAUSE OF ACTION—Premises Liability Gide Ga Precdie, § 5.12
T
1
PH-001(4) (Rev. January 1.2007], |PLD-PI-001(6
‘CASE NUMBER:
SHORT TITLE:
Linh N. Tran vs. Nakajista Yasutomo and Tuan Tran
i
' Exemplary Damages Attachment | | Page 1
ATTACHMENT TO [1] Complaint ] Cross - Compiaint
EX-1. As additional damages against defendant (name):
Nakajima Yasutomo and Tuan Tran
Plaintiff alleges defendant was guilty of i
vj malice *
¥ | fraud
[71 oppression
as defined in Ciyil Code section 3294, and plaintiff should recover, in addition to actual damages, damages
to make an example of and to punish defendant.
EX-2. The facts supporting plaintiff's claim are as follows:
I, Linh Tran, rent a one-bedroom unit at 3061 Water Street, San Jose, CA 95111 (“Property”).
Nakajima Yasutomo is the owner of the Property. Tuan Tran is the “Agent to Owner”.
The rent agreement is effective through October 2020. On-July 4th, Tuan Tran told me to move
out. He also told me to move out a few times before July 4, 2020. ,
During this time of hardship and uncertainty, the moratorium on evictions is intended to help
families and'individuals keep a roof over their heads. Any property owners who attempt to remove
people from their homes and skirt this order are breaking the law. !
I moved in the apartment on March 29, 2020. Soon after, I discovered that the interior walls were
built illegally and the vent duct in the ceiling which emits hot air should not be there. The landlord
illegally divided the property into many rental units, made them look like private apartments by
installing fake walls so that he can charge high rent fees. I brought up these issues with Tuan Tran
but he did not want to talk about them. He told me to move out, instead.
On May 30,1 tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all
the lighting outside of the building after the building inspection and so the winding sidewalk was
pitch dark. The outdoor steps and landings are treacherous. My back was hurt for weeks.
I called the City of San Jose Code Enforcement to report the issues. The City of San Jose inspector
could not inspect the place because of the shelter-in-place order. Tuan Tran ordered me to move
out. The other tenants who are on the other side of the make-shift walls have not been told to
move out. This action of the landlord is retaliatory.
On August 6, 2020, a notice to vacate was taped on my apartment door. The notice threated me
that if I failed to surrender the premise, I would be guilty of unlawful detainer and subject to
eviction.
The landlord made harassing phone calls to me. He secretly video-taped my apartment,
audio-taped my conversations without my knowledge and consent, which is illegal. That’s why I
requested a restraining order against him. Case # 20CH009500.
Iam fearful for my life. I have been losing sleep at night because of the anxiety, the fear resulting
from the harassment of the landlord. I don’t know if I can sustain my job due to lack of sleep,
tiredness. '
'
EX-3. The amount of exemplary damages sought is |
a. [2] not shown, pursuant to Code of Civil Procedure section 425.10. |
o£ 18 !
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1 Page 1 of 1
Fara ienweate Opies a Ca Pavol, § 25
fmt ewecietewens | Exemplary Damages Attachment = See canter
PLD-PI-001(6) [Rev. January 1, 2007}
Preview
PLD-PI-001 Linh N. Tran IPO Box 51527 | [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): | FOR COURT USE ONLY San Jose, CA 95151 i TELEPHONENO: (669) 350;5252 FAX NO. (Optional): E-MAIL ADDRESS (Oplianal}: ‘ ATTORNEY FOR (Name): Self-represented SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 2020 STREET ADDRESS: 191 N First sien SEP 02 MAILING ADDRESS: 191 N First Street city ano zip cove: San Jose, CA 95113 Clerk of the Court olen BRANCH NAME: Civil Division Suppgr CpAin of CA County of Sat i BY, DEPUTY] PLAINTIFF: Linh N. Tran DEFENDANT: Nakajima Yasutomo, Tuan Tran DOES 1 TO | COMPLAINT—Personal Injury, Property Damage, Wrongful Death ‘CASE NUMBER: [] AMENDED (Number): 1 Type (check all that apply): | I] MOTOR VEHICLE (J OTHER (specify): ' [__] Property Damage|[__] Wrongful Death [x] Personal Injury | [x] Other Damages (specify):Punitive, Compensatory : Jurisdiction (check all that apply): - [_] ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 20 c v 36 8 91 8 exceeds $10,000, but does not exceed $25,000 | [5c] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) | [(__] ACTION IS RECLASSIFIED by this amended complaint ° | 1 [J from timited to untimited [J] from unlimited to limited 1. Plaintiff (name or names): Linh N. Tran alleges causes of action against defendant (name or names): | Nakajima Yasutomo, Tuan Tran . 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult ‘ a. [__] except plaintiff (dame): ! (aC Ja corporation qualified to do business in California ' (2)C_] an unincorporated entity (describe): t @Coa public entity (describe): 1 (4) a minor, an adult } {a) cq for whom a guardian or conservator of the estate or a guardian ad litem has been appointed {b) (] other (specify): (5) other (Specify): i b. [] except plaintiff (name): ' aC a corporation qualified to do business in California ' (2) an unincorporated entity (describe): , | (3) [_] a public entity (describe): (4)[_] aminot 7 an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ([] other (specify): | (5) [J other (specify): | CI] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. t Page tof Juciciat Council of Califomia wnnw-couris.ce.gov Farm Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12 PUD-PI-OD1 (Rev. Janvary 1, 20071 Damage, Wrongful Death | . | |4 PLD-PI-004 SHORT TITLE: | CASE NUMBER: Linh N. Tran vs, Nakajima Yasutcmo and Tuan Tran, 4, [__] Plaintiff (name): : is doing business under the fictitious name (specify): | and has complied wat the fictitious business name laws. 5. Each defendant named above is a natural person — a. [__] except defendant frame): c. [__] except defendant (name): (1) a business opganization, form unknown (1) a business organization, form unknown (2;()a corporation (2) [_] acorporation (3) (J an unincorporated entity (describe): (3) an unincorporated entity (describe): I (4) a public entity (describe): (4) a public entity (describe): i | (8) (J other (specify): (5) (] other (specify): . 1 i | b. [__] except defendant (name): d. [__] except defendant (name): (1) [J a business Organization, form unknown (1) [) a business organization, form unknown @Cja corporation (CJa corporation (3) [_] an unincorporated entity (describe): (3) an unincorporated entity (describe): (4 a public entity (describe): (4) [9 a public entity (describe): (5) [J other (specify): (5) (J other (specify): [1 Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a Doe defendants (specify Doe numbers): were the agents or employees of other named defendants and acted within the scope of that agency or employment. ' b. Doe defendants (specify Doe numbers): are persons whose capacities are unknown to. plaintiff. 1 7. [__]Defendants who ate joined under Cade of Civil Procedure section 382 are (names): | ' 8. This court is the proper court because a. [x] atleast one defendant now resides in its jurisdictional area. b. [<] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. [3] injury to person or damage to personal property occurred in its jurisdictional area. , d. [_] other (specify): ‘ | 1 9. [<] Plaintiff is required to comply with a claims statute, and ‘ | a. [4_] has complied with applicable claims statutes, or b. (__] is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2007} COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page 20f3| | SHORT TITLE: CASE NUMBER: Linh N. Tran vs, Nakajima Yasutomo and Tuan Tran PLD-PI-001 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): . [-] Motor Vehicle | . [2c] General Negligence | [3] Intentionat Tort ‘ [_] Products Liability ' [3<] Premises Liability : [_] other (specify): , ganoe 1. Plaintiff has suffered | (2) wage loss 1 [] loss of use of property : {c] hospital and medica! expenses [x] generaldamage [1] property damage | [E21 loss of earning capacity \ [x] other damage (specify): rp aeee e Punitive Damage; See attachment PLD-P!-001(6) 12.[7_] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a listed in Attachment 12. b. as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a (1) compensatdry damages (2) [<] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check {1)): (1) [2] according to proof . (2) in the amount of: $ 15. _] The paragraphs ott complaint alleged on information and belief are as follows (specify paragraph numbers): Date: September 1, 2020 Linh N. Tran (IYPE OR PRINT NAME) PUD-PI-001 [Rev. January 1,.2007] i COMPLAINT—Personal Injury, Property | Damage, Wrongful Death Page 30f3 { 1 ! |PLD-PI-001(2) SHORT TITLE: CASE NUMBER: Linh N. Tran vs. Nakajima Yasgutomo and Tuan Tran 7 10.b. CAUSE OF ACTION—General Negligence Page (number) ! ATTACHMENT To [2<] Complaint Cross-Complaint | (Use a separate cause of action form for each cause of action.) GN-1.Plaintiff (name): Linh N. Tran alleges that defendant (name): Nakajima Yasutomo and Tuan Tran [_] Does to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff ‘on (date): July 4, 2odo at (place):3061 wate Street, San Jose, CA 95111 (description of reasons tor liability): |, Linh Tran, rent a one-bedroom unit at 3061 Water Street, San Jose, CA 95111 Property’. Nakajima Yasutomo is the owner of the Property. Tuan Tran is the “Agent to Owner”. The rent agreement is effective through October 2020. On July 4th, Tuan Tran told me to move out. He also told me to move out a few times before July 4, 2020. During this time of hardship and uncertainty, the moratorium on evictions is intended to help families and individuals keep a roof over their heads, Any property owners who attempt to remove people from their homes and skirt this order are breaking the law. | moved in the apartment on March 29, 2020. Soon after, | discovered that the interior walls were built illegally and the vent duct in the ceiling which emits hot air should not be there. The landlord illegally divided the property into many rental units, made them look like private apartments by installing fake walls so that he can charge high rent fees. | brought up these issues with Tuan Tran but he did not want to talk about them. He told me to move out, instead. On May 30, 2020, | tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all the lighting outside of the building after the building inspection and so the winding sidewalk was pitch dark. The outdoor steps and landings are treacherous. My back was hurl for weeks. | called the City of San Jose Code Enforcement to report the issues. The City of San Jose inspector could not inspect the place because of the shelter-in-place order. Tuan Tran ordered me to move out. The other tenants who are on the other side of the make-shift walls have not been told to move out. This action of the landlord ts retaliatory. On August 6, 2020, a notice to vacate was taped on my apariment door. The notice threated me that if | failed to surrender the premise, | would be guilty of unlawful detainer and subject to eviction. 1 The landlord made harassing phone calls to me. He secretly video-taped my apartment, audio-taped my conversations without my knowledge and consent, which is illegal. That's why | requested a restraining order against him. Case # 20CHC09500. | am fearful for my life. | have been losing sleep at night because of the anxiety, the fear resulting from the harassment of the landlord. | don't know if ! can sustain my job due to lack of sleep, tiredness. Form Approved far Optionat Use i ‘Cade of Civil Procedure 425.12 rudioul Cored of Caltfomia CAUSE OF ACTION—General Negligence = punucourlsca gor 1 ! I Page oft I \ PLD-P-001(2) [Rev. January 1, 2007]PLD-P!-001(3) CASE ye 1 CAUSE OF ACTION—Intentional Tort Page I | i | ' | ‘SHORT TITLE: Linh N. Tran vs. Nakajima Yasutomo and Tuan Tran 10.c. | S I 1 1 (eumber) i \ ATTACHMENT TO =[[_] Complaint Cross-Complaint (Use a separate cause of ation form for each cause of action.) IT-1. Plaintiff (name): Linh y Tran alleges that defendant (name):Nakajima Yasutomo and Tuan Tran ' 4 Does | to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally caused the damage to plaintiff . on (date): at (place): 3061 Water Street, San Jose, CA 95111 ' (description of reasons for liability): I, Linh Tran, rent a one-bedroom unit at 3061 Water Street, San Jose, CA 95111 (“Property”). Nakajima Yasutomo is the owner of the Property. Tuan Tran is the “Agent to Owner’. ‘ The rent agreement is effective through October 2020. On July 4th, Tuan Tran told me to move out. He also told me fo move out a few times before July 4, 2020. : During this time of hardship and uncertainty, the moratorium on evictions is intended to help families and individuals keep a roof over their heads. Any property owners who attempt to remove people from their homes and skirt this order are breaking the law. . I moved in the apartment on March 29, 2020. Soon after, | discovered that the interior walls were built illegally and the vent duct in the ceiling which emits hot air should not be there, The landlord illegally divided the property into many rental units, made them look like private apartments by installing fake walls so that he can charge high rent fees. | brought up these issues with Tuan Tran but he did not want to talk about them. He told me to move out, Instead. On May 30, 2020, | tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all the lighting outside of the building after the building inspection and so the winding sidewalk was pitch dark. The outdoor steps and landings are treacherous. My back was hurt for weeks. I called the City of San Jose Code Enforcement to report the issues. The City of San Jose inspector could not inspect the place because of the shelter-in-place order. Tuan Tran ordered me to move out. The other tenants who are on the other side of the make-shift walls have not been told to move out. This action of the landtord is retaliatory. On August 6, 2020, a Notice to vacate was taped on my apartment door. The notice threated me that if | failed to surrender the premise, | would be guilty of unlawful detainer and subject to eviction. The landlord made harassing phone calls to me. He secretly video-taped my apartment, audio-taped my conversations. without my knowledge and consent, which is illegal. That's why | requested a restraining order against him. Case # 20cHo09500. 1am fearful for my life. | have been losing sleep at night because of the anxiety, the fear resulting from the harassment of the landlord. | don’t know if | can sustain my job due to lack of sleep, tiredness. ! Page 1oft Form Appraved for Optional Use . Gode of Gial Procedure § 425.12 Jusicial Counc of Calfomin: CAUSE OF ACTION—Intentional Tort wwwccouris.ce.gov i PLD-I-001(3) [Rev. danuary 1, 2007]PLD-PI-004(4) SHORT TITLE: 1 Linh N, Tran vs. Nakajima Yasutomo and Tuan Tran te CAUSE OF ACTION—Premises Liability Page 1 (number) ' ATTACHMENT TO [x] Complaint [ Cross-Complaint : (Use a separate cause of action torm for each cause of action.) ! Prem.L-1.(name):Linh N. Tran | alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date}: May 30, 2020 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): On May 30, 2020, | tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all the tighting outside of the building after the building inspection and so the winding sidewalk was pitch dark! The ouldoor steps and landings are treacherous. My back was hurt for weeks. ‘ Location: 3061 Water Street, San Jose, CA 95111 1 . Prem.L-2. [2] Count One—Negligence The defendants who negligently owned, maintained, managed and operated the/described premises were (names): Nakajima Yasutomo and Tuan Tran [1 Dees | to Prem.L-3. [Xx Count Two-Lwiiful Failure to Warn [Civil Code section 846] The defendant owners who willfully ( Nakajima ‘Yasutomo and Tuan Tran Does | to Plaintiff, a recreational user, was. an invited guest a paying guest. Prem.L-4. [3] Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): Nakajima Yasutomo and Tuan Tran Does to a. The defendant public entity had [ actual constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. ((_] The condition was created by employees of the defendant public entity. Prem.L-5.a. [_] Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Tuan Tran Does to , b. [] The deferidants who are liable to plaintiffs for other reasons and the reasons for their liability are (J described in attachment Prem.L-5.b [3¢] as follows (names): ' Nakajima Yasutomo and Tuan Tran | 1 Page tot Jiage ComelolCalforia PED. | CAUSE OF ACTION—Premises Liability Gide Ga Precdie, § 5.12 T 1 PH-001(4) (Rev. January 1.2007], |PLD-PI-001(6 ‘CASE NUMBER: SHORT TITLE: Linh N. Tran vs. Nakajista Yasutomo and Tuan Tran i ' Exemplary Damages Attachment | | Page 1 ATTACHMENT TO [1] Complaint ] Cross - Compiaint EX-1. As additional damages against defendant (name): Nakajima Yasutomo and Tuan Tran Plaintiff alleges defendant was guilty of i vj malice * ¥ | fraud [71 oppression as defined in Ciyil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: I, Linh Tran, rent a one-bedroom unit at 3061 Water Street, San Jose, CA 95111 (“Property”). Nakajima Yasutomo is the owner of the Property. Tuan Tran is the “Agent to Owner”. The rent agreement is effective through October 2020. On-July 4th, Tuan Tran told me to move out. He also told me to move out a few times before July 4, 2020. , During this time of hardship and uncertainty, the moratorium on evictions is intended to help families and'individuals keep a roof over their heads. Any property owners who attempt to remove people from their homes and skirt this order are breaking the law. ! I moved in the apartment on March 29, 2020. Soon after, I discovered that the interior walls were built illegally and the vent duct in the ceiling which emits hot air should not be there. The landlord illegally divided the property into many rental units, made them look like private apartments by installing fake walls so that he can charge high rent fees. I brought up these issues with Tuan Tran but he did not want to talk about them. He told me to move out, instead. On May 30,1 tripped and fell on the sidewalk leading to the laundry room. Tuan Tran removed all the lighting outside of the building after the building inspection and so the winding sidewalk was pitch dark. The outdoor steps and landings are treacherous. My back was hurt for weeks. I called the City of San Jose Code Enforcement to report the issues. The City of San Jose inspector could not inspect the place because of the shelter-in-place order. Tuan Tran ordered me to move out. The other tenants who are on the other side of the make-shift walls have not been told to move out. This action of the landlord is retaliatory. On August 6, 2020, a notice to vacate was taped on my apartment door. The notice threated me that if I failed to surrender the premise, I would be guilty of unlawful detainer and subject to eviction. The landlord made harassing phone calls to me. He secretly video-taped my apartment, audio-taped my conversations without my knowledge and consent, which is illegal. That’s why I requested a restraining order against him. Case # 20CH009500. Iam fearful for my life. I have been losing sleep at night because of the anxiety, the fear resulting from the harassment of the landlord. I don’t know if I can sustain my job due to lack of sleep, tiredness. ' ' EX-3. The amount of exemplary damages sought is | a. [2] not shown, pursuant to Code of Civil Procedure section 425.10. | o£ 18 ! 1 7 1 Page 1 of 1 Fara ienweate Opies a Ca Pavol, § 25 fmt ewecietewens | Exemplary Damages Attachment = See canter PLD-PI-001(6) [Rev. January 1, 2007}