Preview
an ~
ne ,
UD-100
ATIORNGY OR paRry wmriouT ATTORNEY (? State Bar number, and address):
Chad J. Wood (State Bar 23 19556) FOR COURT USE ONLY
[~ WILLBANKS & WOOD, PLC FILED
1047 S. Tracy Blvd.
Tracy, CA 9537
TELEPHONE NO. (209) 830-9191 FaXNO. op8onay: (209) 830-9199 IS HAR 20 ANTI: 14
E-MAIL ADDRESS (Optional):
ATTORNEY FOR Waa): 29 Sac Incu, LP, Plaintiff,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
steer aporess: 80] 30th Street, Fourth Floor
MAILING ADDRESS: 20 p BEPUTY
erry ano zp cove: Modesto 95354
BRANCH NAME: Modesto
PLAINTIFF:
29 Sac Incu, LP
DEFENDANT: Travis Lawrence, Melissa Lawrence, and Does 1-5
(Xx) DoEsiTo__5
COMPLAINT— UNLAWFUL DETAINER* CASE NUMBER:
(3 comptaint [_] AMENDED COMPLAINT (Amendment Number): 683646
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
[J exceeds $10,000 but does not exceed $25,000
Co ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
Co ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
[1] from unlawful detainer to general unlimited civil (possession not in Issue) C1 from timited to untimited
[_] from untawful detainer to general limited civil (possession not in issue) from unlimited to limited
PLAINTIFF (name each): 29 Sac Incu, LP
alleges causes of action against DEFENDANT (name each): Travis Lawrence, Melissa Lawrence, andDoes 1-5
a. Plaintiffis (1) [J an individual
over the age of 18 years. (4) Gd a partnership.
(2) [J a public agency. ©) [J acorporation.
(3) [21 other (specify):
b. [2] Plaintiffhas complied with the fictitious business name laws and is doing business under the fictitious name of(specify):
Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
4109 Nugget Drive, Modesto, Stanislaus County, CA, 95355
Plaintiff's interest in the premises is asowner [_] other (specify):
The frue names and capacities of defendants sued as Does are unknown to plaintiff.
a, Onor about (date): December 29,2012 defendant (name each): Travis Lawrence and Melissa Lawrence
(1) agreed to rent the premises asa [__] month-to-month tenancy [3C] other tenancy (specify): Lease
(2) agreed to pay rent of$ 1,000.00 payable [X] monthly [_] other (specify frequency):
(8) agreed to pay rent on the first of the month [__] other day (specify):
b. This written [_] oral agreement was made with
(4) C7 plainntt. (3) [J plaintifrs predecessor
in interest.
(2) CX plaintifrs agent. (4) [1 other (specify):
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
Page
4 of 3
for Optional Usa: i Code,§ 1940 et s6q,
ducicial Cour inci of California COMPLAINT—-UNLAWFUL DETAINER Code of Civil Procedure §§ 425.12, 1186
UD-100 [Rev. July 1, 2005) woww.courtinfo.ca.gov
LexisNexis® Automated California Judicial Council Forms
~ ~ a
‘
PLAINTIFF (Name): 29 Sac Incu, LP (CASE NUMBER:
DEFENDANT(Name): Travis Lawrence, Melissa Lawrence, and Does 1-5
6. c. CJ The defendants not named in item 6a are
(1) {J subtenants.
@) assignees.
3) [1 other (specify):
d. [J The agreement was later changed as follows (specify):
e [x] A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1168.)
£ CO (For residential property) A copy of the written agreement is not attached because (specify reason):
a) LI the written agreement is not in the possession of the landlord or the landiora’s. employees or agents.
(2) [1 “this action Js solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
70d a, Defendant (name each): Travis Lawrence, Melissa Lawrence, and Does 1-5
was served the following notice on the same date and in the same manner:
(ay Cd) 3-day notice to pay rent or quit (4) £21 3-day notice to perform covenants or quit
@) 30-day notice to quit (©) C2) 3-day notice te quit
@) 60-day notice to quit @ (2) Other (specify):
(1) On (date): March 10, 2013 the period stated in the notice expired at the end of the day.
(2) Defendants faited to comply with the requirements of the notice by that date.
All facts stated in the notice are true.
[1 The notice included an election of forfeiture.
A copy of the notice is attached and labeled Exhibit 2. (Required for residential Property. See Code Civ. Proc.,
§ 1166.)
One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required
by items 7a-e and 8 for each defendant.)
8 a CO The notice in item 7a was served on the defendant named in item 72 as follows:
(1) Co by personally handing a copy to defendant on (date):
@) by leaving a copy with (name or description): ‘
a person of suitable age and discretion, on (date): at defendant's
[J residence [_] business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
@ Gd by posting a copy on the premises on (date): 3/7/2013 [1 AND giving a copy toa
person found residing at the premises AND mailing a copy to defendant at the premises on
(date):
(2) C21 because defendant's residence and usual place of business cannot be ascertained OR
) because no person of suitable age or discretion can be found there.
o™C) (Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (date):
oC {Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
b6 CI (Name):
was served on behalf of all defendants who signed a joint written rental agreement.
c. [_] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
UD-100 [Rev. July 1, 2005] Page2 of 3
COMPLAINT—UNLAWFUL DETAINER .
LexisNexis® Automated California Judictal Council Farms
me es
[PLAINTIFF (Name):29 Sac Incu, LP we ‘ 22.35 NUMBER:
DEFENDANT(Name): Travis Lawrence, Melissa Lawrence, and Does 1-5
9. Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
10. At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 1,148.00
1 The fair rental value of the premises is $33.33 per day.
12. Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.)
13. Awritten agreement between the parties provides for attorney fees.
14. Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, tile of ordinance,
and date of passage}:
Plaintiff has met all applicable requirements of the ordinances.
15. CI Other allegations are stated in Attachment 15.
16. Plaintiff accepts the jurisdictional limit, if any, of the court.
17. PLAINTIFF REQUESTS
a. possession of the premises. « Cd damages at the rate stated in item 11 from
b. costs incurred in this proceeding: (date): April 1, 2013 for each day that
c. CX] past-due rent of$ 1,148.00 defendants remain in possession through entry of judgment.
d. reasonable attorney fees. g J statutory damages up to $600 for the conduct alleged in item 12.
e Ex] forfeiture of the agreement. b. other (specify):
18. [x] Number of pages attached (specify): 8
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
419. (Complete in all cases.) An unlawful detainer assistant tid not [_] did for compensation give advice or assistance
with this form. (/f plaintiff has received any heip or advice for pay from an unlawful detainer assistant, state:)
a, Assistant's name: c. Telephone No.:
b. Street address, city, and zip code: d County of registration:
e. Registration No.:
Expires on (date):
Date: March 18, 2013
Chad J. Wood
(TYPE OR PRINT NAME) (SIGNATUI GF PLAINTIFF OR. ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or fora corporation or partnership.)
‘am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF )
‘UD-100 [Rev. July 1, 2005) Page Sof 3
COMPLAINT—UNLAWFUL DETAINER
LexisNexis® Automated California Judicial Council Forms
\
EXVUBiS
63/10/2013 11:38 8360706 RWM . PAGE 82/16
s § CALIFORNIA . ee No
ASSOCIATION RESIDENTIAL LEASE OR
1 OF REALTORS® MONTH -TO-MO NTH REN
Date 12/25/2012 , (CAR. Form LR, ReviTAL AG
sed 11/12) REEMENT ew
= Mana 6
Trav; AWTERCS BS: Lawrence (Landionry and
1. PROPERTY: Tenant’) agras as fallows:
A. Landlord rents to Tanant and Tenant rants
framLandlord, the real property and Improvements descr
ibed as;
5. The Premises are forthe Sole uae 29
A personal residence by the following
named Fersonisjonty: (Premises),
: ©. The following personal Property, maintained
pursuant to Paragraph 11, (s Included: ‘
D. The Premises may be subjectto a local rent contro! or (# checked) the parconal property on the atlachad
ordinance. addendum.
2 TERM: Tha tomb 1egins an (data)
A, Month-to-Month: and Continues 25 4 month-to-month tenanc
y. Tenant may terminate the tenan icy by
(Commencemant Date"), (Check A or 8}
prior to the Intanded
tel mi ination date, Landlord may tamminata the giving written notice at laast 30 days
tenancy by giving written otlca a3 provid
given on any date, ed by law, Such notices may be
Ha Lease: and shall terminate on (date)
Tenant shall vecata the Pramises upon termination of the Agreement, at 59_ [J Amy Ee] Pm.
waiting or signed a new agmement; (It) mandated by local rent control unless: (1) Landlord and Tenant have exte: ded this Agreement in
Rent), in whieh case a mo: nth-to-month tenancy shail be law; of Ql) Landlord ace; pts Rent from Tenent (cther
than past due
to by Lar Ndiord .and Tenent, ‘or 2s allowed by law.which either party may terminate 89 specified in paragraph 2A. Rert shall be
created
at a rate agreed
and effect. All cther tara and conditi ons of this Agras ment shall remain in full farce
* NT: "Rant® shall mean all m lonetary obligations of Tenant to Landlord under
Tenant agrees to pay$ the terms ofthe
Per month for the tarm of the Agrsemant. ~
\greame nt, except security deposit,
B. Rent Is payable In advance on tha fat (or
G if Commencement Date falis in any day other than the dayday
of each calendar month, and is delinquent on the next day,
advance of Commencement Date, Rent for the sacond calen Rent ig payable undar Paragraph 36, and Tensnt has pald one full month’: 's Rent in
B PAYMENT: Rent shal il be paid by Ex]personsl check, []
dar month shall be prorated based on @ 30uay peried.
(name) money order, cashier's chack, or [Jother
{addresa)
joe edith Sta. tease, ca 6 (pI hol ns) (209) As5=a5as R
asg7g
‘at eny other location subsequently ‘Specified by Landlord in wing to Tenant (and If checked, rent may be paid personally, batwaen the ‘ose .
on the following days
Js retumed for ton-auficent funds NSF”) o1 f because tenant stops, }. Hany payment:
4
Re tent
In cash for three months and (i) all futur
SECURITY DEPOSIT:
re Rent shell be pald by tal ment, then, eftey
monay order, or fa iat: (I) Landiord may, in writing, requite Tenant to pay
cashiar's chi
A Toran agrees to pay $ in Ounare BroKG?E Wisbacaan tery depast. Security depoot wil be [7 transferred
Premises, or to and hel by the Owner
B. All or any portion of tha security deposit may bg
used, a rensonably necessary, to: (I) cure Tenant's data
Late Charges, NSF faes or other sums due); (i) repair damage, uit in payment of Rent (which Includes
excluding ‘Ordinary wear and tear, causad by Tenant or by a
Tenant, (lf) clean Premises, If Necessary, Upon termination guast or ficansee of
of the tenancy; and (Iv) replace of ft retum
SECURITY DEFOSIT SHALL NOT BE US| ED BY TENANT IN inal property or appurbanances,
LIEU OF PAYMENT OF LAST MONTH 'S RENT, If all
security deposit is used during the tenancy, Tanant agrees to
reinstate the total security deposit within five days aftar written
or any portion of the
Tenant. Within 21 days after Tenant vaca! tes tha Premises, Landiord shall; (1) fumish notics le delivered to
‘security deposit received and the bas! fs for its disposition and ourporting documenta Tenant an Itemized statament indicating the amount of any
vatum any remajning portion of the sacurity deposit te Tenant. tion a9 required by Califomia Givi] Code § 1950.5(g); snd (2)
.
x
Securlty deposit will not ba retumed until all Tanants have vacated
the Pram loos and all keys returned. Any socutity deposit
by chack shall be made outta all Tenants. named on this Agreement,
or as subsequently modified.
retumed
No interest will be paid on security deposit uni lass required by local taw.
If the security deposit is held by Owner, Tenant agmas not ta hold Broker ras; sponsible
Broker's trust account, and Broker's authority is tarminated bafore far Its cetum. If the security deposit Is held in Owner's
other than Tenant, then Grokar-ghall notify Tena nt, in writing, expiration of this Agi reament, and security deposit is reteased to someone
provided such notice, Tenant agrees nat to held Broker respo) whara and to whorh security depo: sit has been released, Ona Tenant has baan
&, MOVEAN COSTS REC! nisible for the security deposit.
shall be paid by [}parsonal check, love-tn funds mai ice payable ta
UE:
[x]monay order, cashi lers chet
Total Due Payment Received Balance Due
Rent from Bata Due
lta24/34/2013 (ata) $1,000.00
$4,000.00] __ozyor/2012___|
wv
“Security Deposit
Other
$1,999,009 21,000.00 to be transfered |3%
Other
Total $2,000.00
“Ths maximum amaunt Landlord May receive as security deposit, however designated, cannat exceed two$2,000.00
©)
three months’ Reni Premises. Months” Unfurnished promises, or
Tenants tritals (AML. (Cola) Landtord's Initials ( 3 )
‘Tha copyright laws of theUnitedSaas (Rite 17 U.S, Code) fornia jhe unauthorized
epreducticn ot 1s form,
CRLFORMAASSCQATION Ge x
TORSO, Nea Lt
LR REVISED 11/12 (PAGE 4 OF 6] Dato Reviewad
Saat
RESIDENTIAL LEASE OR MONTH-TO. -MONTH RENTAL AGREEMENT (LR PAGE 4 OF 6)
‘Agent: Kell Salas Phono: (209)836-4545 Fax: (208)838-0706 Prapared using zipForm® software
Broker: Realty World/Millennium 1486 W. 44th Street ‘Tracy, CA 55478
_ 83/18/2813 11:38 9362726 RWM - PAGE 3/16
4109 Nagger Ave. ' '
Premises: Modesto, Ca 95355 se
§, LATE CHARGE; RETURNED CHECKS; . Date: recamber 29, 2012
: A. Tenant acknowl
SES, ad jes either lata
limited to, rocessing, enforcement ich
aitounts of ar
nt at Rent or issua nce ofa retumed check
are extremely difficult and imprac tical to determi eh eat use Landlord to incur costs and
i
anc ese casts Mm:
id accounting expel es S, and late char imposed on Landlord. if a Include, but ara ni
ar
ue enant is ri ot recelved by Lar indlord within &
Tenant shall pay fo L: ant \dlord, meeps
seaciaain ) ealent Instaitmant of Rent
fe Charge a1 ianal eb of days after the e due, ori & cher is ratumed,
date
$25. retumi jad check and SIS OU aS a NE
either or bi of whi Shall be deemed additional Rent.
Landlord and Tenant a igree that these charg és
‘eater Sathana e Rent due as
tional retumed check,
reason cf Tenant's late or NSF reprasent @ fair and reasonable esti imate of the
costs Landlord may y incur
Landiora's accaptance of
to collecta
ent, Any Late Charge or N!
ite Charge oi SF fee shall not be da emed an extensio
@ due shall
harge or NSF fea shall not c: onstituta a walve be paid with the current installment of
r as to any defaul t Tenant, Landiard's right mt
n of the dé
7. PARKING: (Cha Im exercising any
ck A oFB)
other Temedies under this Agreement and as provict is dua jinder Peragraph 3 or prevent
king isPermitted as follows:
opazab Zone No ore
The ight toparking
parking rental fee
not
dd
included the Rent charged pursuent to
ragraph 3. if not in cluded in the Rent, the
PSI
$
licensed and opsrable motor wv ehic er MoI . Parking space(s) a1re to be u
Excep
let for s,
icks). Tenant shall rk in eas igned 8 paca(s) only. Parking wallers,, oats, , Campers, buses or for parking
f than picket
motor vehicle fluids sl il nok be g; ce(3) are to he kept clean. Vehici es fe
‘on the Premises. Me: ing oil, gas or other
nical work or storage of Inoperable vehi icles
in parking space(s) or elsewh on the Pr ramises. is not permi
or B. Parking Is not permitted on theerePremise s.
8, STORAGE: (CheAck or B)
A. Storage Is permitted as follows: 2 Ba
iG right to Separate storage space
the Rent, storage spaca fee shalt be an additional
at not, ineluded ent changed pursuant to
on
rag rap Not included
r month. Tenant shall store on
fi
roperty Tenant owns, and shall not store pi re)
pe
‘anant'shail net store any imprope: iy Tansich another has any right, title or i int ierest.
ckaga: fed or fi fe goods, flammable materials, explosi
or ather inherently dangerous material , or illegal substan ves, hazardous waste
Els,
gr
eee for Tenant's pe ersonal property, contained entirely within the Premises, storage
ni lant agrees to pay for all utilities cas, and the followin:
Is not permitted on the Premises.
Which shi jall ba paid Cancion Wany ulllies are nat sopaTalely malare
ore
and directed by Landlord. if utilities not separatelymetered,
for
Fel
Tenant shall ‘enant's proportional share, as reasonal
ce utilities i Tenants name as of the Comment ined
de
Tenant shall cement D: ate, Landlord is only responsible ty
maintainin, 9 orié usable telephone jack and ona telephone line to the r Installing and
exist Prem! ises, Tenant shalt pay any ooat for conversion tram
10.
uilitles service
wi
CONDITION OF PRE! Sess “Tenant has examined Prem ises and, if any, all furniture, furnishings, appliances, fandscap
fes, including smake and carbon monoxida detect ing and
.
(Check all that apply:
Tenant acknowledges these items are clean and in operable condition, with the following
exceptions:
& B.
Tenants acknowledgment of the condition af these items is contained in an attached
statement oF condition (CAR. Fenn
Bic. i Landtord will De! iver to Tenant a statement of con: dition (CAR. Form MIMO) []within 3 days
Agreement: prior fo the Gammencement Date:L)wi thin 3 days after the Commencement Date. after exacution of this
(i) Tenantsi ll complete and tetum the MIMO to Landiard withina (or [7
retum MIMO within that time shall conclusively be deemed Tenant's Acknowlede ) days after Delivary. Tenant's failure to
ma
MI 1. ig jament of the condition as stated in the
Gl v. rovide Landlord a list of items that ara damaged or not In oy erable candition within 3 {
lor
Premises,
I incement Date, not 8 a contingency of this peement bi Tather as an acknowledgm: i reco ae
GE. Other: Mino ne rag ond
11. MAINTENANCE:
A. Tenant shall properly use, Operate and safeguard Premises, Including it Applicable le,
appliances, and all mechanical, electrical, gas and plumbi: any landscaping, furniture, furnishings and
venti d. Tenant shall be res} nsible for checkin: and maintainin; all carbon m monoxide and the Premises clean, sanitary and well
and smoke di letector and ai
Landlord, i
additional hone lines beyand the one.line and jack that Landlord shall
writing, of a1 problem, malfunction or damage, Tenant shall i provide and maintain, Tenant shall immediately not
‘
Tk
Tenant, péts, guests or ico} nsees of Tenant, excludin ordinary wear andbe tear.
Premises as a result of failure te report @problem Ina i
charged for all rey irs or replacements caused ry
Tenant shal bi j@ charged for all damage to
stoppages, unless caused imely manner, Tenant shall be charged for repair of drain blockages or
defective plumbing parts or: tree roots invading sewer lines.
B. (] Landlord fz] Tenant shal! water the garden, landscaping, trees and shrubs, except:
c. LJ Landlord fk] Tenant shall maintain the garden, landscaping, trees and shrubs,
except
o.
BE itsuchnant’s
Landlord ‘Tenant shall maintain
failire to maintain item for which Tanant is responsible shall give
maintenance and charge Tenant to cover the cost of auch maintenance,
Landicrd tha right to hite someone te perform
.
.
F. The following items of persanal property are included in the Premises without warranty and
replace them: Landiord will not maintain, repair o
Tenants Initials ML,
{ » rh)
, @Sarat
Landlare’s Inttlats (
Copyright© 18812012, GAUFORNIA ASSOGIATION OF REALTORS®, ING.
LR REVISED 11/12 (PAGE2 OF 8) Reviews by = Date
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 2 OF 6}
83/18/2 O13 11:38 8369786_ RWM PAGE 84/16
109 Nugget Ava. ,
Premises: Modesto, Ca 95355 ~ ae’ Tel
12. NEIGHBORHOOD CONDITIONS: Date: er 29, 2
Tenant Is advised to satis! him or herself
cols, proximity and adi Wacy of law enforcement t, crime statisti Gs, as to nei hborkeod or area conditior ns, Including
governmental services, avai
ler technol rs ad laquacy and cost of any wil ired, proxim ity of registere: felons or
wirelass Intemet conioF nections oroffend ers, fi ire protecticn, other
services and instal lations, proximity other telecommunications or
trans ration, construc ictlon and develop: to commercial Industrial or agri joultural a
ment that m: lay affect noise, ctivitias, existin and osed
and domestic animals, nuisances, h: azards, or croumstances, 1 view, or traffic, almport cise, nofse or odor from any source, wild
and influences of signifi other
13, PETS: Unless othenwi se
without Landiard’s prior wri
cance
14, [] (if checked) NO SMOKING: x No smoking
te certain cultures
lded in Califoria Civil Ci
consent, except: rene.
and/or rel
a cemete ries, facilit es and
and personal needs, require ents and co!
§4.2, no animal or ‘pet shall be kept prefe
nditicn of commo n areas,
rances of Tenant,
condit
on or sbout the Premises
ions
of any substance is allowed on th @ Premis
on the Pt ramises or common areas, . ni lant Ig respi ionsibla for all damage caused es or common areas. If smoking
stains, burns, cdors and removal of
required to leave the Premises; and (lv) Ten
Seat ant
i Tenant is in bi
by the si moking including, but notdoes
Preview
an ~ ne , UD-100 ATIORNGY OR paRry wmriouT ATTORNEY (? State Bar number, and address): Chad J. Wood (State Bar 23 19556) FOR COURT USE ONLY [~ WILLBANKS & WOOD, PLC FILED 1047 S. Tracy Blvd. Tracy, CA 9537 TELEPHONE NO. (209) 830-9191 FaXNO. op8onay: (209) 830-9199 IS HAR 20 ANTI: 14 E-MAIL ADDRESS (Optional): ATTORNEY FOR Waa): 29 Sac Incu, LP, Plaintiff, SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS steer aporess: 80] 30th Street, Fourth Floor MAILING ADDRESS: 20 p BEPUTY erry ano zp cove: Modesto 95354 BRANCH NAME: Modesto PLAINTIFF: 29 Sac Incu, LP DEFENDANT: Travis Lawrence, Melissa Lawrence, and Does 1-5 (Xx) DoEsiTo__5 COMPLAINT— UNLAWFUL DETAINER* CASE NUMBER: (3 comptaint [_] AMENDED COMPLAINT (Amendment Number): 683646 Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 [J exceeds $10,000 but does not exceed $25,000 Co ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000) Co ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): [1] from unlawful detainer to general unlimited civil (possession not in Issue) C1 from timited to untimited [_] from untawful detainer to general limited civil (possession not in issue) from unlimited to limited PLAINTIFF (name each): 29 Sac Incu, LP alleges causes of action against DEFENDANT (name each): Travis Lawrence, Melissa Lawrence, andDoes 1-5 a. Plaintiffis (1) [J an individual over the age of 18 years. (4) Gd a partnership. (2) [J a public agency. ©) [J acorporation. (3) [21 other (specify): b. [2] Plaintiffhas complied with the fictitious business name laws and is doing business under the fictitious name of(specify): Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 4109 Nugget Drive, Modesto, Stanislaus County, CA, 95355 Plaintiff's interest in the premises is asowner [_] other (specify): The frue names and capacities of defendants sued as Does are unknown to plaintiff. a, Onor about (date): December 29,2012 defendant (name each): Travis Lawrence and Melissa Lawrence (1) agreed to rent the premises asa [__] month-to-month tenancy [3C] other tenancy (specify): Lease (2) agreed to pay rent of$ 1,000.00 payable [X] monthly [_] other (specify frequency): (8) agreed to pay rent on the first of the month [__] other day (specify): b. This written [_] oral agreement was made with (4) C7 plainntt. (3) [J plaintifrs predecessor in interest. (2) CX plaintifrs agent. (4) [1 other (specify): * NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Page 4 of 3 for Optional Usa: i Code,§ 1940 et s6q, ducicial Cour inci of California COMPLAINT—-UNLAWFUL DETAINER Code of Civil Procedure §§ 425.12, 1186 UD-100 [Rev. July 1, 2005) woww.courtinfo.ca.gov LexisNexis® Automated California Judicial Council Forms ~ ~ a ‘ PLAINTIFF (Name): 29 Sac Incu, LP (CASE NUMBER: DEFENDANT(Name): Travis Lawrence, Melissa Lawrence, and Does 1-5 6. c. CJ The defendants not named in item 6a are (1) {J subtenants. @) assignees. 3) [1 other (specify): d. [J The agreement was later changed as follows (specify): e [x] A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1168.) £ CO (For residential property) A copy of the written agreement is not attached because (specify reason): a) LI the written agreement is not in the possession of the landlord or the landiora’s. employees or agents. (2) [1 “this action Js solely for nonpayment of rent (Code Civ. Proc., § 1161(2)). 70d a, Defendant (name each): Travis Lawrence, Melissa Lawrence, and Does 1-5 was served the following notice on the same date and in the same manner: (ay Cd) 3-day notice to pay rent or quit (4) £21 3-day notice to perform covenants or quit @) 30-day notice to quit (©) C2) 3-day notice te quit @) 60-day notice to quit @ (2) Other (specify): (1) On (date): March 10, 2013 the period stated in the notice expired at the end of the day. (2) Defendants faited to comply with the requirements of the notice by that date. All facts stated in the notice are true. [1 The notice included an election of forfeiture. A copy of the notice is attached and labeled Exhibit 2. (Required for residential Property. See Code Civ. Proc., § 1166.) One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant.) 8 a CO The notice in item 7a was served on the defendant named in item 72 as follows: (1) Co by personally handing a copy to defendant on (date): @) by leaving a copy with (name or description): ‘ a person of suitable age and discretion, on (date): at defendant's [J residence [_] business AND mailing a copy to defendant at defendant's place of residence on (date): because defendant cannot be found at defendant's residence or usual place of business. @ Gd by posting a copy on the premises on (date): 3/7/2013 [1 AND giving a copy toa person found residing at the premises AND mailing a copy to defendant at the premises on (date): (2) C21 because defendant's residence and usual place of business cannot be ascertained OR ) because no person of suitable age or discretion can be found there. o™C) (Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date): oC {Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written commercial lease between the parties. b6 CI (Name): was served on behalf of all defendants who signed a joint written rental agreement. c. [_] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c. Proof of service of the notice in item 7a is attached and labeled Exhibit 3. UD-100 [Rev. July 1, 2005] Page2 of 3 COMPLAINT—UNLAWFUL DETAINER . LexisNexis® Automated California Judictal Council Farms me es [PLAINTIFF (Name):29 Sac Incu, LP we ‘ 22.35 NUMBER: DEFENDANT(Name): Travis Lawrence, Melissa Lawrence, and Does 1-5 9. Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 10. At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 1,148.00 1 The fair rental value of the premises is $33.33 per day. 12. Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.) 13. Awritten agreement between the parties provides for attorney fees. 14. Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, tile of ordinance, and date of passage}: Plaintiff has met all applicable requirements of the ordinances. 15. CI Other allegations are stated in Attachment 15. 16. Plaintiff accepts the jurisdictional limit, if any, of the court. 17. PLAINTIFF REQUESTS a. possession of the premises. « Cd damages at the rate stated in item 11 from b. costs incurred in this proceeding: (date): April 1, 2013 for each day that c. CX] past-due rent of$ 1,148.00 defendants remain in possession through entry of judgment. d. reasonable attorney fees. g J statutory damages up to $600 for the conduct alleged in item 12. e Ex] forfeiture of the agreement. b. other (specify): 18. [x] Number of pages attached (specify): 8 UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 419. (Complete in all cases.) An unlawful detainer assistant tid not [_] did for compensation give advice or assistance with this form. (/f plaintiff has received any heip or advice for pay from an unlawful detainer assistant, state:) a, Assistant's name: c. Telephone No.: b. Street address, city, and zip code: d County of registration: e. Registration No.: Expires on (date): Date: March 18, 2013 Chad J. Wood (TYPE OR PRINT NAME) (SIGNATUI GF PLAINTIFF OR. ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attomey or fora corporation or partnership.) ‘am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF ) ‘UD-100 [Rev. July 1, 2005) Page Sof 3 COMPLAINT—UNLAWFUL DETAINER LexisNexis® Automated California Judicial Council Forms \ EXVUBiS 63/10/2013 11:38 8360706 RWM . PAGE 82/16 s § CALIFORNIA . ee No ASSOCIATION RESIDENTIAL LEASE OR 1 OF REALTORS® MONTH -TO-MO NTH REN Date 12/25/2012 , (CAR. Form LR, ReviTAL AG sed 11/12) REEMENT ew = Mana 6 Trav; AWTERCS BS: Lawrence (Landionry and 1. PROPERTY: Tenant’) agras as fallows: A. Landlord rents to Tanant and Tenant rants framLandlord, the real property and Improvements descr ibed as; 5. The Premises are forthe Sole uae 29 A personal residence by the following named Fersonisjonty: (Premises), : ©. The following personal Property, maintained pursuant to Paragraph 11, (s Included: ‘ D. The Premises may be subjectto a local rent contro! or (# checked) the parconal property on the atlachad ordinance. addendum. 2 TERM: Tha tomb 1egins an (data) A, Month-to-Month: and Continues 25 4 month-to-month tenanc y. Tenant may terminate the tenan icy by (Commencemant Date"), (Check A or 8} prior to the Intanded tel mi ination date, Landlord may tamminata the giving written notice at laast 30 days tenancy by giving written otlca a3 provid given on any date, ed by law, Such notices may be Ha Lease: and shall terminate on (date) Tenant shall vecata the Pramises upon termination of the Agreement, at 59_ [J Amy Ee] Pm. waiting or signed a new agmement; (It) mandated by local rent control unless: (1) Landlord and Tenant have exte: ded this Agreement in Rent), in whieh case a mo: nth-to-month tenancy shail be law; of Ql) Landlord ace; pts Rent from Tenent (cther than past due to by Lar Ndiord .and Tenent, ‘or 2s allowed by law.which either party may terminate 89 specified in paragraph 2A. Rert shall be created at a rate agreed and effect. All cther tara and conditi ons of this Agras ment shall remain in full farce * NT: "Rant® shall mean all m lonetary obligations of Tenant to Landlord under Tenant agrees to pay$ the terms ofthe Per month for the tarm of the Agrsemant. ~ \greame nt, except security deposit, B. Rent Is payable In advance on tha fat (or G if Commencement Date falis in any day other than the dayday of each calendar month, and is delinquent on the next day, advance of Commencement Date, Rent for the sacond calen Rent ig payable undar Paragraph 36, and Tensnt has pald one full month’: 's Rent in B PAYMENT: Rent shal il be paid by Ex]personsl check, [] dar month shall be prorated based on @ 30uay peried. (name) money order, cashier's chack, or [Jother {addresa) joe edith Sta. tease, ca 6 (pI hol ns) (209) As5=a5as R asg7g ‘at eny other location subsequently ‘Specified by Landlord in wing to Tenant (and If checked, rent may be paid personally, batwaen the ‘ose . on the following days Js retumed for ton-auficent funds NSF”) o1 f because tenant stops, }. Hany payment: 4 Re tent In cash for three months and (i) all futur SECURITY DEPOSIT: re Rent shell be pald by tal ment, then, eftey monay order, or fa iat: (I) Landiord may, in writing, requite Tenant to pay cashiar's chi A Toran agrees to pay $ in Ounare BroKG?E Wisbacaan tery depast. Security depoot wil be [7 transferred Premises, or to and hel by the Owner B. All or any portion of tha security deposit may bg used, a rensonably necessary, to: (I) cure Tenant's data Late Charges, NSF faes or other sums due); (i) repair damage, uit in payment of Rent (which Includes excluding ‘Ordinary wear and tear, causad by Tenant or by a Tenant, (lf) clean Premises, If Necessary, Upon termination guast or ficansee of of the tenancy; and (Iv) replace of ft retum SECURITY DEFOSIT SHALL NOT BE US| ED BY TENANT IN inal property or appurbanances, LIEU OF PAYMENT OF LAST MONTH 'S RENT, If all security deposit is used during the tenancy, Tanant agrees to reinstate the total security deposit within five days aftar written or any portion of the Tenant. Within 21 days after Tenant vaca! tes tha Premises, Landiord shall; (1) fumish notics le delivered to ‘security deposit received and the bas! fs for its disposition and ourporting documenta Tenant an Itemized statament indicating the amount of any vatum any remajning portion of the sacurity deposit te Tenant. tion a9 required by Califomia Givi] Code § 1950.5(g); snd (2) . x Securlty deposit will not ba retumed until all Tanants have vacated the Pram loos and all keys returned. Any socutity deposit by chack shall be made outta all Tenants. named on this Agreement, or as subsequently modified. retumed No interest will be paid on security deposit uni lass required by local taw. If the security deposit is held by Owner, Tenant agmas not ta hold Broker ras; sponsible Broker's trust account, and Broker's authority is tarminated bafore far Its cetum. If the security deposit Is held in Owner's other than Tenant, then Grokar-ghall notify Tena nt, in writing, expiration of this Agi reament, and security deposit is reteased to someone provided such notice, Tenant agrees nat to held Broker respo) whara and to whorh security depo: sit has been released, Ona Tenant has baan &, MOVEAN COSTS REC! nisible for the security deposit. shall be paid by [}parsonal check, love-tn funds mai ice payable ta UE: [x]monay order, cashi lers chet Total Due Payment Received Balance Due Rent from Bata Due lta24/34/2013 (ata) $1,000.00 $4,000.00] __ozyor/2012___| wv “Security Deposit Other $1,999,009 21,000.00 to be transfered |3% Other Total $2,000.00 “Ths maximum amaunt Landlord May receive as security deposit, however designated, cannat exceed two$2,000.00 ©) three months’ Reni Premises. Months” Unfurnished promises, or Tenants tritals (AML. (Cola) Landtord's Initials ( 3 ) ‘Tha copyright laws of theUnitedSaas (Rite 17 U.S, Code) fornia jhe unauthorized epreducticn ot 1s form, CRLFORMAASSCQATION Ge x TORSO, Nea Lt LR REVISED 11/12 (PAGE 4 OF 6] Dato Reviewad Saat RESIDENTIAL LEASE OR MONTH-TO. -MONTH RENTAL AGREEMENT (LR PAGE 4 OF 6) ‘Agent: Kell Salas Phono: (209)836-4545 Fax: (208)838-0706 Prapared using zipForm® software Broker: Realty World/Millennium 1486 W. 44th Street ‘Tracy, CA 55478 _ 83/18/2813 11:38 9362726 RWM - PAGE 3/16 4109 Nagger Ave. ' ' Premises: Modesto, Ca 95355 se §, LATE CHARGE; RETURNED CHECKS; . Date: recamber 29, 2012 : A. Tenant acknowl SES, ad jes either lata limited to, rocessing, enforcement ich aitounts of ar nt at Rent or issua nce ofa retumed check are extremely difficult and imprac tical to determi eh eat use Landlord to incur costs and i anc ese casts Mm: id accounting expel es S, and late char imposed on Landlord. if a Include, but ara ni ar ue enant is ri ot recelved by Lar indlord within & Tenant shall pay fo L: ant \dlord, meeps seaciaain ) ealent Instaitmant of Rent fe Charge a1 ianal eb of days after the e due, ori & cher is ratumed, date $25. retumi jad check and SIS OU aS a NE either or bi of whi Shall be deemed additional Rent. Landlord and Tenant a igree that these charg és ‘eater Sathana e Rent due as tional retumed check, reason cf Tenant's late or NSF reprasent @ fair and reasonable esti imate of the costs Landlord may y incur Landiora's accaptance of to collecta ent, Any Late Charge or N! ite Charge oi SF fee shall not be da emed an extensio @ due shall harge or NSF fea shall not c: onstituta a walve be paid with the current installment of r as to any defaul t Tenant, Landiard's right mt n of the dé 7. PARKING: (Cha Im exercising any ck A oFB) other Temedies under this Agreement and as provict is dua jinder Peragraph 3 or prevent king isPermitted as follows: opazab Zone No ore The ight toparking parking rental fee not dd included the Rent charged pursuent to ragraph 3. if not in cluded in the Rent, the PSI $ licensed and opsrable motor wv ehic er MoI . Parking space(s) a1re to be u Excep let for s, icks). Tenant shall rk in eas igned 8 paca(s) only. Parking wallers,, oats, , Campers, buses or for parking f than picket motor vehicle fluids sl il nok be g; ce(3) are to he kept clean. Vehici es fe ‘on the Premises. Me: ing oil, gas or other nical work or storage of Inoperable vehi icles in parking space(s) or elsewh on the Pr ramises. is not permi or B. Parking Is not permitted on theerePremise s. 8, STORAGE: (CheAck or B) A. Storage Is permitted as follows: 2 Ba iG right to Separate storage space the Rent, storage spaca fee shalt be an additional at not, ineluded ent changed pursuant to on rag rap Not included r month. Tenant shall store on fi roperty Tenant owns, and shall not store pi re) pe ‘anant'shail net store any imprope: iy Tansich another has any right, title or i int ierest. ckaga: fed or fi fe goods, flammable materials, explosi or ather inherently dangerous material , or illegal substan ves, hazardous waste Els, gr eee for Tenant's pe ersonal property, contained entirely within the Premises, storage ni lant agrees to pay for all utilities cas, and the followin: Is not permitted on the Premises. Which shi jall ba paid Cancion Wany ulllies are nat sopaTalely malare ore and directed by Landlord. if utilities not separatelymetered, for Fel Tenant shall ‘enant's proportional share, as reasonal ce utilities i Tenants name as of the Comment ined de Tenant shall cement D: ate, Landlord is only responsible ty maintainin, 9 orié usable telephone jack and ona telephone line to the r Installing and exist Prem! ises, Tenant shalt pay any ooat for conversion tram 10. uilitles service wi CONDITION OF PRE! Sess “Tenant has examined Prem ises and, if any, all furniture, furnishings, appliances, fandscap fes, including smake and carbon monoxida detect ing and . (Check all that apply: Tenant acknowledges these items are clean and in operable condition, with the following exceptions: & B. Tenants acknowledgment of the condition af these items is contained in an attached statement oF condition (CAR. Fenn Bic. i Landtord will De! iver to Tenant a statement of con: dition (CAR. Form MIMO) []within 3 days Agreement: prior fo the Gammencement Date:L)wi thin 3 days after the Commencement Date. after exacution of this (i) Tenantsi ll complete and tetum the MIMO to Landiard withina (or [7 retum MIMO within that time shall conclusively be deemed Tenant's Acknowlede ) days after Delivary. Tenant's failure to ma MI 1. ig jament of the condition as stated in the Gl v. rovide Landlord a list of items that ara damaged or not In oy erable candition within 3 { lor Premises, I incement Date, not 8 a contingency of this peement bi Tather as an acknowledgm: i reco ae GE. Other: Mino ne rag ond 11. MAINTENANCE: A. Tenant shall properly use, Operate and safeguard Premises, Including it Applicable le, appliances, and all mechanical, electrical, gas and plumbi: any landscaping, furniture, furnishings and venti d. Tenant shall be res} nsible for checkin: and maintainin; all carbon m monoxide and the Premises clean, sanitary and well and smoke di letector and ai Landlord, i additional hone lines beyand the one.line and jack that Landlord shall writing, of a1 problem, malfunction or damage, Tenant shall i provide and maintain, Tenant shall immediately not ‘ Tk Tenant, péts, guests or ico} nsees of Tenant, excludin ordinary wear andbe tear. Premises as a result of failure te report @problem Ina i charged for all rey irs or replacements caused ry Tenant shal bi j@ charged for all damage to stoppages, unless caused imely manner, Tenant shall be charged for repair of drain blockages or defective plumbing parts or: tree roots invading sewer lines. B. (] Landlord fz] Tenant shal! water the garden, landscaping, trees and shrubs, except: c. LJ Landlord fk] Tenant shall maintain the garden, landscaping, trees and shrubs, except o. BE itsuchnant’s Landlord ‘Tenant shall maintain failire to maintain item for which Tanant is responsible shall give maintenance and charge Tenant to cover the cost of auch maintenance, Landicrd tha right to hite someone te perform . . F. The following items of persanal property are included in the Premises without warranty and replace them: Landiord will not maintain, repair o Tenants Initials ML, { » rh) , @Sarat Landlare’s Inttlats ( Copyright© 18812012, GAUFORNIA ASSOGIATION OF REALTORS®, ING. LR REVISED 11/12 (PAGE2 OF 8) Reviews by = Date RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 2 OF 6} 83/18/2 O13 11:38 8369786_ RWM PAGE 84/16 109 Nugget Ava. , Premises: Modesto, Ca 95355 ~ ae’ Tel 12. NEIGHBORHOOD CONDITIONS: Date: er 29, 2 Tenant Is advised to satis! him or herself cols, proximity and adi Wacy of law enforcement t, crime statisti Gs, as to nei hborkeod or area conditior ns, Including governmental services, avai ler technol rs ad laquacy and cost of any wil ired, proxim ity of registere: felons or wirelass Intemet conioF nections oroffend ers, fi ire protecticn, other services and instal lations, proximity other telecommunications or trans ration, construc ictlon and develop: to commercial Industrial or agri joultural a ment that m: lay affect noise, ctivitias, existin and osed and domestic animals, nuisances, h: azards, or croumstances, 1 view, or traffic, almport cise, nofse or odor from any source, wild and influences of signifi other 13, PETS: Unless othenwi se without Landiard’s prior wri cance 14, [] (if checked) NO SMOKING: x No smoking te certain cultures lded in Califoria Civil Ci consent, except: rene. and/or rel a cemete ries, facilit es and and personal needs, require ents and co! §4.2, no animal or ‘pet shall be kept prefe nditicn of commo n areas, rances of Tenant, condit on or sbout the Premises ions of any substance is allowed on th @ Premis on the Pt ramises or common areas, . ni lant Ig respi ionsibla for all damage caused es or common areas. If smoking stains, burns, cdors and removal of required to leave the Premises; and (lv) Ten Seat ant i Tenant is in bi by the si moking including, but notdoes