Preview
E-FILED
7/9/2020 2:57 PM
William C. Dresser, 104375 eect
. a Superior Court of CA,
Law Offices of William C. Dresser
4 North S d Street, Suite 1230 County of Santa Clara
ol econd Street, Suite 20CV368213
San Jose, California 95113
Tel: 408/279-7529
Fax: 408/298-3306
Reviewed By: P. Lai
Attorneys for Plaintiff
Katherine Gilson
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
Katherine Gilson, Action No.: 20CV368213
Plaintiff, .
Complaint for Damages
vs.
GS Almaden, LLC., Greystar Worldwide,
LLC., Avana Almaden, and Does 1
through 20, inclusive,
Defendants.
Comes now Plaintiff Katherine Gilson and alleges:
PARTIES
1. Plaintiff Katherine Gilson is a resident of the County of Santa Clara, State of
California.
2. Defendant GS Almaden, LLC. is a Delaware limited liability company doing
business in County of Santa Clara, State of California.
3. Defendant Greystar Worldwide, LLC is a Delaware limited liability company
doing business in County of Santa Clara, State of California.
4. Defendant Avana Almaden is a business entity of unknown type doing
business in County of Santa Clara, State of California.
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages5. The wrongful acts which form the basis of this action were performed in the
County of Santa Clara.
6. The breaches of contract occurred in the County of Santa Clara, and the
Lease which forms the basis of causes of action in this Complaint was executed in the
County of Santa Clara.
7. The true names and capacities of Does 1 through 20 are unknown to plaintiff,
who therefore sues them by such fictitious names. Plaintiff prays leave to amend this
complaint to show the true names and capacities of said Does when the same have
been ascertained. Plaintiff is informed and believes, and so alleges, that each of said
Does is responsible for plaintiffs damages and injuries as hereinafter alleged and
described.
8. Plaintiff is informed and believes, and so alleges, that defendants, and each o
them, were at all times herein mentioned, and now are, the agents, servants,
employees, alter ego, and representatives of their co-defendants, and acting within the
scope, purpose, and authority of such agency, service, employment, and
representation, and with the permission, knowledge, and consent of their co-
defendants. References hereinafter to "defendants" shall mean "defendants, and each
of them."
CHARGING ALLEGATIONS
9. On August 27, 2018 Katherine Gilson entered as tenant into a Lease Contract
with GS Almaden, LLC as owner for the rental of 925 Foxchase Drive Unit No. 404, San
Jose, CA 95123.
10. The lease contract lists Avana Almaden as the payee and owner's agent.
11. The Greystar Worldwide, LLC trademark is located on page 16, the Lease
Addendum Liability Insurance Required of Resident. Paragraph two of this Addendum
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damagesrequires Greystar be listed as an interested party of any liability insurance. The Lease
Contract also states on page 42 the privacy agreement can be viewed at
www.greystar.com/privacy.
12. On December 24, 2018 Katherine Gilson discovered a puddle of water in her
bedroom. She called Avana Almaden’s emergency phone number as designated in the
lease. This number did not allow her to leave a message.
13. On December 25, 2018 at 7:45 am Katherine Gilson again called the
emergency line for Avana Almaden and spoke to man who answered the phone.
Around 9 am a different man who identified himself as a supervisor for Avana Almaden
arrived at Katherine Gilson’s apartment to inspect the damage. He cut a hole in the
carpet and the wall.
14. Katherine Gilson saw a large amount of mold inside the wall. She
repeatedly told the supervisor that she has a mold allergy. He said he needed to pick
up the dryers and there was no mold in the carpet. The same supervisor returned with
the commercial blowers to “dry the carpet and wall’.
15. The commercial blowers blew the mold spores throughout the apartment,
twenty-four hours a day for three days straight. Kathrine Gilson and her visiting Aunt
slept in the living room of her apartment as her bedroom was uninhabitable.
16. The commercial blowers were picked up on December 28, 2018.
17. Katherine Gilson did not have any contact from Avana Almaden on the 29",
30, 31° January 1%, or 2°,
18. On the evening of January 3, 2019 Rebecca, an employee of Avana
Almaden, told Katherine Gilson that a company was coming the next morning to work
on her apartment. She also said that Katherine Gilson needed remove everything from
the bedroom.
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages19. On January 4, 2019 Katherine Gilson was sent home from her employment
at Johnson Garden. Her eye had swelled up, she had rashes on her face and arm.
She was weak and in much pain. Katherine Gilson’s allergic reaction to the mold was
intensifying.
20. Upon arrival at her apartment she saw there were no workers and no work
had been performed at the apartment.
21. Katherine Gilson went to the apartment management office and spoke with
Rebecca. Rebecca said the company was working on another job. She then told
Katherine Gilson that if she needed a place to stay, she should contact her rental
insurance since Avana Almaden was not responsible. Around 2 pm Rebecca called
Katherine Gilson to inform her the restoration company was on its way. She also gave
Katherine Gilson the option of moving herself into an upstairs apartment within two
days, stay in Saratoga, or break the lease.
22. In the afternoon of January 4, 2019 the restoration company, CDRN, came.
They loosely taped plastic sheeting to block off the bedroom.
23. Katherine Gilson continued to have severe reaction to the mold and moved
into a motel on January 5, 2019. She left a voicemail for Avana Almaden stating she
was moving out and that she was staying in a motel.
24. On January 6, 2019 Katherine Gilson received a voice mail form Olga at
Avana Almaden saying she did not understand the voice mail and to call her.
25. On January 7, 2019 Katherine Gilson emailed Defendants’ employee
Rebecca to inform Avana Almaden that she is moving out and requested Avana
Almaden compensate her for her damaged belongings, missed work, and medical
expenses due to the excessive mold exposure.
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages26. On January 14, 2019 CRDN picked up five bags of Katherine Gilson’s
clothing for dry cleaning. They returned her clothing on February 11, 2019 with
approximately $1,000 (one thousand dollars) of dresses, jackets, sweaters missing.
27. There remained at all known times thereafter a containment in the bedroom
area that is secured with duct tape on walls and in to the ceiling area of the bedroom.
The carpet in the bedroom area where there was a containment, has been covered with
self adhesive flooring plastic protection. There was an entrance to the containment that
is closed with a zipper.
28. On January 31, 2019 a mold test was performed at 925 Foxchase Drive unit
404 for areas outside of the . The test results were positive for High concentration of
Alternaria (Ulocladium) Fungal Spores & Particulates by Optical Microscopy and for
Aspergillus/Penicillium, Ascospores, Basidiospores, Cladosporium, and Myxomycetes.
An inspection showed patent mold growth.
29. February 4, 2019 Juan Tabares, Community Manager for Avana Almaden
replied to Katherine Gilson’s email. He stated that she was not responsible for rent after
January 31° nor was she responsible for any fees associated with terminating the lease|
30. Attached hereto as Exhibits A and B are true and correct copies of:
A. Lease Agreement; and
B. Email correspondence between Katherine Gilson and Avana Almaden.
FIRST CAUSE OF ACTION
Breach of Written Contract
31. Plaintiff incorporates the allegations of paragraphs 1 through 30 of this
Complaint.
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages32. On August 27, 2018 Plaintiff entered into a contract with Defendants to lease|
925 Foxchase Drive, Unit 404. Plaintiff paid a monthly rent in exchange for Defendants
to provide a habitable, safe, and sanitary environment.
33. The Lease Contract contains a Mold Information and Prevention Addendum.
This Addendum is for the landlord/owner/property management to disclose any mold to
the tenant. This was signed by a representative of the Owner and Katherine Gilson as
Resident.
34. Defendants knowingly rented Unit 404 with an existing mold infestation.
35. Defendants did not adequately repair the mold infestation inside of the wall
before entering into a contract with Plaintiff. This was evident by the amount of mold
and the patched holes inside the wall.
36. When the supervisor cut a hole in the wall a large growth of mold spores and
previous patched holes were visible.
37. Defendants breached the Lease when they did not provide a safe, sanitary,
or habitable place to live due to mold infestation.
38. Katherine Gilson was harmed and sustained injuries as a direct, legal and
proximate result of Defendants’ breach of contract. This includes reasonably
anticipated personal injuries, and economic losses. Plaintiff suffered a severe reaction
to mold. Plaintiff sustained severe emotional distress. Defendants damaged all of her
personal belongings. Plaintiff had to move, requiring expenditure of time and of effort
while she was ill, and requiring expenses and moving costs. In a phone call, Rebecca
informed Plaintiff that Anava Almaden was not responsible for any accommodations or
assistance. One option she provided to Plaintiff was two days to move herself into an
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damagesupstairs apartment. This was a full ten days after Defendant was made aware of unsafe}
and unhealthy environment. Defendant failed to offer any assistance in relocating
Plaintiff and her property out of harm’s way
39. The Lease provides for recovery of attorneys fees in four different provisions
of the Lease. Plaintiff has employed the services of the Law Offices of William C.
Dresser to pursue recovery of damages for breach of the Lease and has incurred legal
fees therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is
entitled to and should be awarded her reasonable attorneys' fees and costs incurred in
this matter.
WHEREFORE Plaintiff prays for relief as hereinafter set forth.
SECOND CAUSE OF ACTION
Breach of Implied Covenant of Quiet Enjoyment
40. Plaintiff realleges and incorporates herein by this reference as though more
fully set forth the allegations contained in paragraphs 1 through 39 of this Complaint.
41. Every contract for lease of residential property includes an implied covenant
of quiet enjoyment. The implied covenant of quiet enjoyment allows a person to reside
in their place of dwelling peacefully without harm. Plaintiff entered into a lease
agreement with Defendants to live in a dwelling peacefully without harm. Defendants
knowingly rented Unit 404 to Plaintiff well aware of existing mold infestations.
Defendants were negligent in the maintenance of the property by not properly
eradicating the mold. Defendants installed commercial blowers that ran for three days.
The blowers blew the existing mold throughout the apartment causing an unreasonable
risk of harm to Plaintiff. Plaintiff had informed Defendants’ employee of her severe mold
allergy. Furthermore, Defendants failed to protect the Plaintiff during this time.
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages42. Upon entering into the Lease, Defendants were to ensure the Plaintiff had an|
apartment she could take quiet possession of for the duration of the lease agreement.
Defendants failed to maintain the ability for Plaintiff to have quiet possession of her
apartment.
43. The actions, and failures to act, by Defendants’ were a breach of the implied
covenant of quiet enjoyment.
44. Katherine Gilson was harmed and sustained injuries as a direct, legal and
proximate result of Defendants’ breach of contract. This includes reasonably
anticipated personal injuries, and economic losses.
45. The Lease provides for recovery of attorneys fees in four different provisions
of the Lease, including in connection with negligence and in connection with the
conditions of the premises. Plaintiff has employed the services of the Law Offices of
William C. Dresser to pursue recovery of damages for breach of the covenant of quiet
enjoyment, and has incurred legal fees therefore and will continue to incur legal fees
and miscellaneous costs. Plaintiff is entitled to and should be awarded her reasonable
attorneys’ fees and costs incurred in this matter.
WHEREFORE Plaintiff prays for relief as hereinafter set forth.
THIRD CAUSE OF ACTION
Negligence
46. Plaintiff realleges and incorporates herein by this reference as though more
fully set forth the allegations contained in paragraphs 1 through 45 of this Complaint.
47. Defendants were negligent in their ownership, maintenance and control of
the apartment and building in which Plaintiff lived.
48. Defendants failed to provide Plaintiff with a safe and sanitary place to live.
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages49. Defendants neglected to use reasonable duty of care when they installed
commercial blowers in Unit 404. Plaintiff informed Defendants’ employee of her mold
allergy. Defendants continued to install and run commercial blowers in the apartment
for three days. Defendants made no effort to protect Plaintiff, nor take any precautions
to ensure her well-being and safety.
50. Katherine Gilson was harmed and sustained injuries as a direct, legal and
proximate result of Defendants’ negligence. This includes reasonably anticipated
personal injuries, and economic losses.
51. The Lease provides for recovery of attorneys fees in four different provisions
of the Lease, including in connection with negligence. Plaintiff has employed the
services of the Law Offices of William C. Dresser to pursue recovery of damages for
breach of the covenant of quiet enjoyment, and has incurred legal fees therefore and
will continue to incur legal fees and miscellaneous costs. Plaintiff is entitled to and
should be awarded her reasonable attorneys' fees and costs incurred in this matter.
WHEREFORE Plaintiff prays for relief as hereinafter set forth.
FOURTH CAUSE OF ACTION
Fraud
52. Plaintiff realleges and incorporates herein by this reference as though more
fully set forth the allegations contained in paragraphs 1 through 51 of this Complaint.
53. Defendants expressly represented in writing to Plaintiff in the Lease that
though mold is present everywhere, that it would not be present in her apartment if she
followed certain procedures. This was in a Lease signed by managing agents of
defendants.
54. Defendants knew based on prior incidents in that same unit 404 that there
was mold throughout that unit. The visible cuts in the walls from before Plaintiff began
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damagesto rent unit 404 were evidence of the knowledge of defendants of the harmful conditions
present in the unit.
55. Defendants concealed this material fact from Plaintiff.
56. Plaintiff could not have discovered the harmful conditions concealed within
the walls of the unit.
57. Plaintiff did not know of the existence of mold throughout the unit.
58. Defendants intentionally concealed this fact from Plaintiff.
59. Plaintiff sustained serious injury, and other losses and damages as a result
of Defendants’ concealment.
60. The concealment by defendants was a substantial factor in causing Plaintiff's)
harm.
61. The actions and concealment by defendants, and each of them, were by
individuals who on behalf of the defendant entities, who were acting in a management
and supervisorial role, were acting on behalf of the defendant entities, who had
advanced knowledge of the harm to Plaintiff when they acted wrongfully. Their actions
constituted malice, oppression or fraud, and were despicable. Plaintiff is thus entitled to
recovery of exemplary damages against defendants, and each of them.
62. The Lease provides for recovery of attorneys fees in four different provisions
of the Lease, including in connection with the conditions of the premises. Plaintiff has
employed the services of the Law Offices of William C. Dresser to pursue recovery of
damages for breach of the covenant of quiet enjoyment, and has incurred legal fees
therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is
entitled to and should be awarded her reasonable attorneys’ fees and costs incurred in
this matter.
WHEREFORE Plaintiff prays for relief as hereinafter set forth.
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages
10)FIFTH CAUSE OF ACTION
Battery
63. Plaintiff realleges and incorporates herein by this reference as though more
fully set forth the allegations contained in paragraphs 1 through 64 of this Complaint.
65. Defendants, by subjecting Plaintiff to live in an apartment that contained
offensive and injurious mold, but cutting a hole in the wall, by blowing mold throughout
the apartment unit, and by continuing to force Plaintiff to be subjected to offensive and
injurious mold, caused injury to Plaintiff by exposure to toxic bacteria. Defendants
intentionally ran commercial blowers for three days spreading mold spores throughout
the apartment.
66. Plaintiff did not consent to this offensive touching and exposure to offensive
and injurious mold.
67. Plaintiff sustained serious injury, and other losses and damages as a result
of Defendants’ subjecting her to offensive touching and exposure to offensive and
injurious mold.
68. A reasonable person in Plaintiff's position would have been offended by the
offensive touching and exposure to offensive and injurious mold.
69. The actions by defendants, and each of them, were by individuals who on
behalf of the defendant entities, who were acting in a management and supervisorial
role, were acting on behalf of the defendant entities, who had advanced knowledge of
the harm to Plaintiff when they acted wrongfully. Their actions constituted malice,
oppression or fraud, and were despicable. Plaintiff is thus entitled to recovery of
exemplary damages against defendants, and each of them.
70. The Lease provides for recovery of attorneys fees in four different provisions
of the Lease, including in connection with the conditions of the premises. Plaintiff has
Gilson v GS Almaden, LLC; Santa Clara action 20CV_
Complaint for Damages
1qemployed the services of the Law Offices of William C. Dresser to pursue recovery of
damages for breach of the covenant of quiet enjoyment, and has incurred legal fees
therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is
entitled to and should be awarded her reasonable attorneys' fees and costs incurred in
this matter.
WHEREFORE Plaintiff requests relief as hereinafter set forth.
PRAYER FOR RELIEF
Plaintiff prays for relief against Defendants, and each of them, as follows:
1. For economic damages and reasonably anticipated personal injuries including
economic and non-economic injuries;
2. For exemplary damages against defendants and each of them;
3. For reasonable attorney's fees;
4. For costs of suit in this action; and
5.
. For such other and further relief as the Court may deem proper.
7
Dated: July 9, 2020
Attorneys for Plaintiff
Katherine Gilson
Gilson\Pld\Complaint.709
action 20CVDocuSign Envelope ID ADBF16A7-38AC-458A.A203-AA2D 1BD1CFBA
Lease Contract
Date of Lease Contract.__ August 27, 2018
(when the lease contract is filled out}
1. PARTIES. This Lease Contract (sometimes referred to as the
“lease") is between you, the resident{s) (list all people signing the
Lease Contract)
Katherine Gilson 7
and us, the owner GS Almade
Moving In—General Information
. KEYSAND FURNITURE. You will be provided _2
for an unfurnished dwelling, and 3 month's rent for a furnished
dwelling The security deposit may not exceed two and a half month's
rent for an unfurnished dwelling, and three anda half month's rent
for a furnished dwelling in the event you install water furniture
dwelling
key(s), 2 mailbox key(s), and 1 other access devices for
Facility e
Your dwelling will be [check one] _) furnished or X unfurnished
|. RENTAND CHARGES. Unless modified by addenda, you will pay
$2190.00
without demand
per month for rent, payable in advance and
2X atthe on-site manager's office, or
3% at our online payment site, or
dat
- (name of title holder or published and
recorded fictitious business name) You've agreed to rent Unit No
404 (the “dwelling”) at 9:
Foxchase Dr #404
(street address) in _Jos
(city), California, 95123
(zip code) (the “dwelling") for use as a private residence only The
terms “you” and "your" refer toall residents listed above, The terms
ius,” and “our” refer to the owner listed above (or any of owner's
successors’ in interest or assigns). Written notice to or from our
managers constitutes notice to or from us. [f anyone else has
guaranteed performance of this lease Contract, a separate L.ease
Contract Guaranty for each guarantor is attached
2. OCCUPANTS. The dwelling will be occupied only by you and (lise
all other occupants not signing the Lease Contract)
Noone else may occupy the dwelling. Persons not listed above must
not stay in the dwelling for more than __14 consecutive days
without our prior written consent, and no more than twice that
‘many days in any one month. If the previous space isn't filled in, two
days per month is the limit
3. LEASE TERM. The initial term of the Lease Contract begins on
the 29th dayof August. 2018 "and
ends at midnight the 27th dayof ___November
2019 THIS LEASE CONTRACT WILL AUTOMATICALLY
RENEW MONTH-TO-MONTH UNLESS EITHER PARTY GIVES AT
LEAST _30__ DAYS WRITTEN NOTICE OF TERMINATION OR
INTENT TO MOVE-OUT AS REQUIRED BY PARAGRAPH 35 (MOVE-
OUT NOTICE). If the number of days isn’t filled in, at least 30 days
written notice is required. Ifthe Residents have been in possession
for longer than one year, Landlord shall provide Residents with at
least a 60 day written notice to terminate tenancy Residents shall
comply with all notice provisions in paragraph 35 (Default by
Resident).
4. SECURITY DEPOSIT. Unless modified by addenda, the total
security deposit at the time of execution of this Lease Contract for
all residents in the dwelling is $__500.00__, duc on or before
the date this Lease Contract is signed See paragraphs 39 (Security
Deposit Deductions and Other Charges) and 40 (Deposit Return,
Surrender, and Abandonment) for security deposit return
information The security deposit may not exceed 2 month's rent
© 2018, National Apartment Association, Ine 5/2018, California
Prorated rent of $__211.94 is due for the remainder of
[check one]: % 1st month or _} 2nd month, on
August 29 ,__2018
Otherwise, you must pay your rent on or before the__3rd_ day
of each month (due date) with no grace period. Cash is unacceptable
without our prior written permission You must not withhold or
offset rent unless authorized by statute. We may, at our option,
require at any time that you pay all rent and other sums in cash,
certified or cashier's check, moncy order, or one monthly check
rather than multiple checks. Atour discretion, we may convert any
and all checks via the Automated Clearing House (ACII) system for
the purposes of collecting payment. If you don’t pay all rent on or
before the expiration of one business day after due date, you'll be
delinquent. You will be obligated to pay to us a late charge of
$__100.00 __ if you fail to pay any amount when due under
this Contract. You agree that it would be impracticable or extremely
difficult to fix the actual damage to us and that the late charge 1s a
reasonable estimate of the actual damages that the parties reasonably
believe would occur as a result of late payment. You'll also pay a
charge of $25.00 for cach returned check or rejected electronic
payment. For additional returned checks you'll pay a charge of
$35.00. fyouare delinquent, all remedies under this Lease Contract
will be authorized. If you are delinquent, all remedies under this
Lease Contract and California law will be authorized. A negative
credit report reflecting on your credit record may be submitted to
acredit reporting agency if you fail to fulfill your credit obligations
under this Lease
7. UTILITIES. We'll pay for the following items, if checked
water, — _] gas, J electricity, _) master antenna
_} wastewater, 1 trash LU cable TV,
other
You'll pay for all other utilities, related deposits, and any charges,
fees, or services on such utilities You must not allow utilities
tobe disconnected—including disconnection for not paying your
bills—until the lease term or renewal period ends. Cable channels
that are provided may be changed during the Lease Contract term
ifthe change applies to all residents. Utilities may be used only for
normal household purposes and must not be wasted If your
electricity is ever interrupted, you must use only battery-powered
lighting Ifany utilitiesare submetered for the apartment, or prorated
by an allocation formula, we will attach an addendum to this Lease
Contract in compliance with state agency rules or city ordinance
. INSURANCE. Our insurance doesnot cover the loss of your personal
possessions or personal injury and it is recommended that you
consider purchasing renter’s insurance and flood insurance to insure
your possessions from loss due to fire, flood, or other risk of loss
Weare not responsible to any resident. guest, or occupant for damage
or loss of personal property or personal injury from (including but,
not limited to) fire, smoke, rain, flood, water and pipe leaks, hail
ice, snow, lightning, wind, explosions, earthquake, interruption of
utilities, theft, hurricane, negligence of other residents, occupants,
or invited /uninvited guests or vandalism unless otherwise required
by law
Page 1 of 8DocuSign Envelope ID: ADBF 16A7-38AC-458A-A203-AA2D 1BD1CFBA,
We urge you to get your own insurance for losses to your personal
property or injuries due to theft, fire, water damage, pipe leaks and
the like
Additionally, you are [check one] % required to purchase personal
liability insurance _) not required to purchase personal liability
insurance. If no box is checked, personal liability insurance ts not
required. If required, failureto maintain personal liability insurance
isan incurable breach of this Lease Contract and may result inthe
termination of tenancy and eviction and/or any other remedies as
provided by this Lease Contract or state law.
‘The dwelling _} is _)1s not located ina special flood hazard area or
anarea of potential flooding We have knowledge that the dwelling
is in a special flood hazard area if (1) we received written notice
from any public agency, or, (2) our mortgage holder requires us to
carry flood insurance, or (3) we currently carry flood insurance
You may obtain more information about hazards, including flood
hazards, that may affect your dwelling from the Internet Web site
of the Office of Emergency Services (http //www.caloes.ca gov/)
‘The Internet Web site address for the Myllazards tool is http //
myhazards caloes ca gov/ Our insurance does not cover the loss of
the tenant's personal possessions, We recommend that you consider
purchasing renter’s insurance and flood insurance to insure your
possessions from loss due to fire, flood, or other risk of loss. We are
not required to provide additional information concerning the flood
hazards tothe property The information provided hercin is deemed
adequate to inform you
Special Provisions and “What If” Clauses
10.SPECIAL PROVISIONS. The following special provisions and any
addenda or written rules furnished to you at or before signing will
become a part of this Lease Contract and will supersede any
conflicting provisions of this printed Lease Contract form
See any additional special provisions
11.EARLY MOVE-OUT. If you move out carly without our written
consent or without paying us a negotiated lease termination fee,
you will be liable to us for actual damages, including liability for
rents during the entire remainder of your lease term (less mitigation)
and for the cost of finding and processing a replacement resident,
paying locator service fees, cleaning, make-ready costs, etc. In
addition to any other rights and remedies allowed by law, we shall
have the remedy set forth in Civil Code Section 1951.2
12,REIMBURSEMENT. You must promptly reimburse us for loss,
damage, government fines, or cost of repairs or service in the
Community due toa violation ofthe Lease Contractor rules, improper
use, or negligence by you or your guests or occupants. Unless the
serving your dwelling. We may require payment at any time,
including advance payment of repairs for which you're liable. Delay
in demanding sums you owe is not a waiver
13.PROPERTY LEFT IN DWELLING.
Storage After Surrender, Abandonment, or Eviction. We may
remove and/or store all property remaining in the dwelling or in
common areas (including any vehicles you or any occupant or guest
owns or uses) if you are judicially evicted or if you surrender or
abandon the dwelling (see definitions in paragraph 41 (Deposit
Return, Surrender, and Abandonment)). We will use reasonable care
in storing the property, but we're not lable for casualty loss, damage,
or theft unless caused by deliberate or negligent act on our part. We
may store the property cither in the dwelling or in another safe
place until (1) we release the personal property described in the
notice to you or other persons we reasonably believe to he the owner
ofthe property and we shall not require you to pay the cost of storage
if ts owner reclaims the property within two days of you vacating
the dwelling, (2) charges (and actual advertising/sale expenses)
are paid in full after 2 days, or (3) 18 days have elapsed after "Notice
of Right to Reclaim Abandoned Property” has been mailed (or 15
© 2018, National Apartment Association, Inc. - $/2018, California
9.
14.
LOCKSANDLATCHES. We will provide an operable deadbolt lock
on cach main swinging entry door of the dwelling in compliance
with California Civil Code, Section 1941 3, subject to statutory
exceptions We will provide window security or locking devices as
required by that statute Keyed lock(s) will be rekeyed after the
prior resident moves out The rekeying will be done before you move
in, You must notify us immediately of any inoperable door, window,
latch, or lock. You may at any time ask us to change or rekey locks
or latches during the Lease Term. We must comply with those
requests, but you must pay for them, unless otherwise provided by
law
Payment for Rekeying, Repairs, Ele. Unless otherwise required
by law, you must pay for all repairs or replacements arising from
misuse or damage to devices by you or your household members,
occupants, or guests during your occupancy. You may be required
to pay in advance if we notify you within a reasonable time after
your request that you are more than 30 days delinquent in
reimbursing us for repairing or replacinga device which was misused
or damaged by you, your guest or an occupant; or if you have
requested that we repair or change or rekey the same device during
the 30 days preceding your request and we have complied with your
request. Otherwise, you must pay immediately after the work ts
completed
days after it is personally served) by us, as provided below as
otherwise required by law
Notice. The “Notice of Right to Reclaim Abandoned Property’
must be in substantial compliance with the statutory form in Section
1984 or 1985, California Civil Code. The notice must be given by
personal delivery to you or via regular U.S. mail to you at your last
known address or to the person believed by us to be the owner
Redemption. [fwe've stored property as provided above, you or
the person believed by us to be the owner may redeem the property
by paying all storage charges (and any actual advertisng/sale
expenses) on or before the expiration of the Notice of Right to Reclaim
Abandoned Property as required by law The charges for storage
will be the fair rental value of the rental space reasonably required
for the storage. We may return redeemed property at the place of
storage, the management office, or the dwelling (at our option) We
may require payment by cash, money order, or certified check We
may also send a copy to your email address
Other disposition or Sale. if all the property being stored is
believed by us to be worth less than $700 and it has not been
redeemed, we may keep, throw away, or give away the property
after the 18th day following the giving of the “Notice of Right to
Reclaim Abandoned Property” above. Ifall of the property is believed
by us to be worth $700 or more, we may (1) release the personal
property described in the notice to the former tenant and shall not
require the former tenant to pay the cost of storage if the property
remained in the dwelling and the former tenant or other person
reasonably believed by the landlord to be its owner reclaims the
property within two days of vacating the dwelling, (2) we release
the property to the person believed by us to be the owner, if all
storage charges (and actual advertising sale expenses) are paid in
full after 2 days of storage, or (3) sell the property at public sale in
compliance with the procedures of Section 1988 of the California
Civil Code. Sale may be subject to any third-party ownership or lien
claims, must be to the highest cash bidder, and may be in bulk, in
batches, or item-by-item. You and the landlord may bid at the sale
Excess sums will be paid over to the county in accordance with
statute
State law permits former tenants to reclaim abandoned personal
property left at the former address of the tenant, subject to certain
conditions. You may or may not be able to reclaim property without
incurring additional costs, depending on the cost of storing the
property and the length of time before it is reclaimed. In general,
these costs will be lower the sooner you contact your former landlord
after being notified that property belonging to you was left behind
after you moved out
FAILING TO PAY FIRST MONTH'S RENT. Ifyou don't pay the first
month's rent when or before the Lease Contract begins, we may end
your right of occupancy and recover damages, including future rents
(less any mitigation), reletting charges, attorney's fees (consistent
with paragraph 31 (Default by Resident)), court costs, and other
lawful charges Our rightsand remedies under paragraphs 11 (Early
Move-Out) and 31 (Default by Resident) apply to the failure to pay
first month’s rent upon execution of the Lease Contract.
Page 2 0f8DocuSign Envelope ID ADBF1GA7-3BAC.458A-A203-AA2D18D1CF8A
15, RENT INCREASES AND LEASE CONTRACT CHANGES. No rent
increases or Lease Contract changes are allowed before the initial
Lease Contract term ends, except for changes allowed by any special
provisions in paragraph 10 (Special Provisions), by a written
addendum or amendment signed by you and us, or by reasonable
changes of dwelling rules allowed under paragraph 18 (Community
Policies or Rules), or as otherwise allowed by law. We will give you
‘aminimum of 30 days notice if you are on a month to month tenancy
before we increase the rent (a maximum of 10% increase over the
previous 12 months). We will give you at least 60 days notice during
a month to month tenancy before we raise the rent more than 10%
{over the previous 12 months) unless the increase is caused by a
change in your income or family composition as determined by a
recertification required by statute or regulation
16.DELAY OF OCCUPANCY. If occupancy 1s or will be delayed for
construction, repairs, cleaning, or a previous resident's holding
over, we're not responsible for the delay The Lease Contract will
remain in force subject to (1) abatement of rent on a daily basis
during delay, and (2) your right to terminate as set forth below. Any
termination notice must be in writing After termination, you are
entitled only to refund of deposit(s) and any rent paid Rent abatement
or lease termination does not apply if delay is for cleaning or repairs
that don’t prevent you from occupying the dwelling
While You're Living in the Apartment
18.COMMUNITY POLICIES OR RULES. You and all guests and
occupants must comply with any written Community rules,
regulations and policies, including instructions for care of the
dwelling and the Community Our rules are considered part of this
Lease Contract. We may make reasonable changes to written rules,
effective immediately, 1f they are distributed and applicable to all
units in the Community and do not change dollar amounts on page
1 of this Lease Contract
19. LIMITATIONS ON CONDUCT. The dwelling and other areas
reserved for your private use must be kept clean. Trash must be
disposed of at least weekly in appropriate receptacles in accordance
with local ordinances Doors, windows, and other passageways
inside the dwelling must be clear and unobstructed for access to
every room in the dwelling, and may be used only for entry or exit
You must maintain the dwelling free from clutter or any other
condition which may restrictair flow, encourage mold growth, invite
pests, createsa fire hazard, or otherwise degrades the habitability
of the dwelling. Passageways may be used only for entry or exit
Any swimming pools, saunas, spas, tanning beds, exercise rooms,
storcrooms, laundry rooms, and similar areas must be used with
care in accordance with dwelling rules and posted signs. Giass
containers are prohibited in all common areas. You, your occupants,
or guests may not anywhere in the Community: use candles or use
kerosene lamps or kerosene heaters without our prior written
approval, cook on balconies or outside; or solicit business or
contributions. Unless otherwise provided by law, conducting any
kind of business in your dwelling or in the Community is prohibited—
except that any lawful business conducted “at home” by computer,
mail, or telephone is permissible if customers, clients, patients, or
other business associates do not come to your dwelling for business
purposes. You or your guests may not use the dwelling, or any other
part of the property, to violate, or in violation of, any law, statute,
or ordinance We may regulate (1) the use of patios, balconies, and
porches, (2) the conduct of furniture movers and delivery persons,
and (3) recreational activities in common areas. You'll be liable to
us for damage caused by you or any guests or occupants.
We may exclude from the Community guests or others who, in our
judgment, have been violating the law, violating this Lease Contract
or any dwelling rules, or disturbing other residents, neighbors,
visitors, or owner representatives, We may also exclude from any
outside area or common area a person who refuses to show photo
identification or refuses to identify himself or herself asa resident,
‘occupant, or guest ofa specific resident in the Community
20.PROHIBITED CONDUCT. You and your occupants or guests may
not engage in the following activities: behaving.in a loud or obnoxious
manner, disturbing or threateningthe rights, comfort, health, safety,
or convenience of others (including our agents and employees) in
or near the Community, disrupting our business activities,
manufacturing, cultivating, delivering, selling, possessing with
intent We deliver or sell, or otherwise possessing or usinga controlled
substance or drug paraphernalia for use with a controlled substance
(Note "Controlled substance” includes so-called “medical marijuana
under the law of California and any state having similar laws ‘The
Resident agrees not to violate any law or ordinance. Marijuana 1s
listed as a Class 1 scheduled drug under federal law, and is a
© 2018, Nationa! Apartment Association, Inc. - 5/2018, California
If there is a delay and we haven't given notice of delay as set forth
immediately below, you may terminate up to the date when the
dwelling 1s ready for occupancy, but not later
(1) Ifwegive written notice to any of you when or after the Lease
Contract begins—and the notice states that occupancy has
been delayed because of construction or a previous resident's
holding over, and that the dwelling will be ready on a specific
date—you may terminate the Lease Contract within 3 days
of your receiving the notice, but not later
(2) If we give written notice to any of you before the beginning
ofthe lease term and the notice states that construction delay
is expected and that the dwelling will be ready for you to
occupy ona specific date, you may terminate the Lease Contract
within 7 days after any of you receives written notice, but not
later. The readiness date is considered the new beginning date
of the lease term for all purposes. This new date may not be
moved to an earlier date unless we and you agree
17. DISCLOSURE RIGHTS. If someone requests information on you
or your rental history for law-enforcement, governmental, or
business purposes, we may provide it
prohibited controlled substance. (21 United States Code sections
801-904 21 United States Code section 841(a)(1), 21 United States
Code section 812(b)(1)), engaging in or threatening violence;
possessing a weapon prohibited by state law, discharginga firearm
in the Community, displaying or possessing a gun, knife, or other
weapon in the common area in a way that may alarm others, storing,
anything in closets having gas appliances, tampering with utilities
or telecommunications; bringing hazardous materials into the
Community, or injuring our reputation by making bad faith
allegations against us to others
21.PARKING. We may regulate the time, manner, and place of parking
cars, trucks, motorcycles, bicycles, boats, trailers, and recreational
vehicles by anyone We may have unauthorized or illegally parked
vehicles towed under an appropriate statute A vehicle is unauthorized
or illegally parked in the apartment Community ifit
(1) hasa flat tire or other condition rendering it inoperable, or
(2) isonjacks, blocks or has wheel(s) missing, or
(3) _ has no current license or no current inspection sticker, or
(4) _ takes up more than one parking space, or
(5) belongs to a resident or occupant who has surrendered or
abandoned the dwelling, or
(6) 1s parked in a marked handicap space without the legally
required handicap insigala, or
(7) is parked in space marked for manager, staff, or guest at the
office;or
(8) blocks another vehicle from exiting, or
(9) 1s parked ina fire lane or designated “no parking” area, or
(10) 1s parked ina space marked for other resident(s) or unit(s), or
(11) 1s parked on the grass, sidewalk, or patio, or
(12) blocks garbage trucks from access to a dumpster, or
(13) belongstoa residentand is parked ina visitor or retail parking
space.
22.RELEASE OF RESIDENT. Unless entitled to terminate this Lease
Contract by law or pursuant to its terms, you won't be released from
this Lease Contract for any reason—including but not limited to
voluntary or involuntary schoo! withdrawal or transfer, voluntary
or involuntary job transfer, marriage, separation, divorce.
reconciliation, loss of co-residents, loss of employment, or death
23.MILITARY PERSONNEL CLAUSE. You may terminate your tenancy
ifafter entering into the Lease Contract you enlistor are drafted or
commissioned and on active duty in the U.S. Armed Forces. You also
may terminate your tenancy if:
(1) you are (i) a member of the U.S. Armed Forces or reserves an
active duty or (ii) a member of the National Guard called to active
duty for more than 30 days in response to a national emergency
declared by the President; and
(2) you (i) receive orders for permanent change-of station, (ii)
receive orders ta deploy with a military unit orasan individual
in support of a military operation for 90 days or more, or (ti!)
are relieved or released from active duty.
‘After you deliver to us your written termination notice, your tenancy
will be terminated under this military clause 30 days after the date
on which your next rental payment is duc. You must furnish us a
Page 3 of8DocuSign Envelope ID. ADBF 16A7-38AC-458A.A203-AA2D 1BD1CFBA
copy of your military orders, such as permanent change-of-station
orders, call-up orders, or deployment orders or written notification
from your commanding officer. Military permission for base housing,
does not constitute change-of-station order After you move out,
we'll return your security deposit, less lawful deductions. For the
purposes of this Lease Contract, orders described in (2) above will
only retease the resident who qualifies under (1) and (2) above and
receives the orders during the Lease Contract term and such
resident's spouse or legal dependent living in the resident’shouschold
‘Aco-resident who is not your spouse or dependent cannot terminate
under this military clause. Unless you state otherwise in paragraph
10 (Special Provisions). vou represent when signing this lease
Contract that. (1) you do not already have deployment or change-
of station orders, (2) you will not be retiring from the military
during the Lease Contract term, and (3) the term of your enlistment
or obligation will not end before the Lease Contract term ends. Even
ifyou arc entitled to terminate your tenancy under this paragraph,
liquidated damages for making a false representation of the above
will be the amount of unpaid rent for the remainder of the lease
term when and if you move out, less rents from others received in
mitigation under paragraph 31 (Default by Resident). You must
immediately notify us if you are called to active duty or receive
deployment or permanent change-of-station orders
24,RESIDENT SAFETY AND PROPERTY LOSS. You andall occupants
and guests must exercise due care for your own and others’ safety
and security, especially in the use of smoke and carbon monoxide
detectors, keyed deadbolt locks, keyless bolting devices, window
latches, and other access control devices.
‘Smoke and Carbon Monoxide Detectors. We'll furnish smoke
and carbon monoxide detectors as required by statute, and we'll
test them and provide working batteries when you first take
possession. After that, you must pay for and replace batteries as
needed, unless the law provides otherwise. You must immediately
report smoke and carbon monoxide detector malfunctions to us.
Neither you nor others may disable smoke and carbon monoxide
detectors. Ifyou disable or damage the smoke and carbon monoxide
detector, or fail to replace a dead battery or report known smoke
and carbon monoxide detector malfunctions to us, and if your action
or inaction causes loss, damage, or fines from fire, smoke, or water
tous or others, you will be liable for such loss, damage, or fines
Casualty Loss. We'renot liable to any resident, guest, or occupant
for personal injury or damage or loss of personal property from
any cause, including but not limited to: fire, smoke, rain, flood, water
and pipe leaks, hail, ice, snow, lightning. wind, explosions, earthquake,
interruption of utilities, theft, or vandalism unless otherwise
required by law Weare not responsible for the acceptance or receipt,
ofany mail, messages, or packages leftat the entrances to the dwelling
or elsewhere on the property, or for any loss or damage to those
items or any other material that is delivered to the property We
have no duty to remove any ice, sleet, or snow but may remove any
amount with or without notice During freezing weather, you must
ensure that the temperature in the dwelling is sufficient to make
sure that the pipes do not freeze (we suggest at least 50 degrees)
If the pipes freeze or any other damage is caused by your failure to
properly maintain the heat in your dwelling, you'll be liable for
damage to our and other's property. You agree to indemnify and
hold us harmless from any claims, loses, or expenses (including
attorney's fees) that we may incur as result of your negligence, or
the negligence of your guests, invitees, or occupants in the dwelling,
such as damage is caused by broken water pipes due to your violating
these requirements. If you ask our representatives to perform
services not contemplated in this Lease Contract, you will indemnify
us and hold us harmless from all liability for those services.
Crime or Emergency. Dial 911 orimmediately cail local medical
emergency, fire, or police personnel in case of accident, fire, smoke,
or suspected criminal activity or other emergency involving
imminentharm. You should then contact our representative. Unless
otherwise provided by law, we're not liable to you or any guests or
occupants for injury, damage, or loss to person or property caused
by criminal conduct of other persons, including theft, burglary,
assault, vandalism, or other crimes. If we provide any access control
devices or security measures upon the property, they are not a
guarantee to prevent crime or to reduce the risk of crime on the
property You agree that no access control or security measures
can eliminate all crime and that you will not rely upan any provided
access control or security measures as a warranty or guarantee of
any kind. We're not responsible for obtaining criminal history checks
on any residents, occupants, guests, or contractors in the Community
Ifyou or any occupant or guestis affected bya crime, you must make
a written report to our representative and to the appropriate local
law-enforcement agency You must also furnish us with the law
enforcement agency's incident report number u
Preview
E-FILED 7/9/2020 2:57 PM William C. Dresser, 104375 eect . a Superior Court of CA, Law Offices of William C. Dresser 4 North S d Street, Suite 1230 County of Santa Clara ol econd Street, Suite 20CV368213 San Jose, California 95113 Tel: 408/279-7529 Fax: 408/298-3306 Reviewed By: P. Lai Attorneys for Plaintiff Katherine Gilson IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA Katherine Gilson, Action No.: 20CV368213 Plaintiff, . Complaint for Damages vs. GS Almaden, LLC., Greystar Worldwide, LLC., Avana Almaden, and Does 1 through 20, inclusive, Defendants. Comes now Plaintiff Katherine Gilson and alleges: PARTIES 1. Plaintiff Katherine Gilson is a resident of the County of Santa Clara, State of California. 2. Defendant GS Almaden, LLC. is a Delaware limited liability company doing business in County of Santa Clara, State of California. 3. Defendant Greystar Worldwide, LLC is a Delaware limited liability company doing business in County of Santa Clara, State of California. 4. Defendant Avana Almaden is a business entity of unknown type doing business in County of Santa Clara, State of California. Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages5. The wrongful acts which form the basis of this action were performed in the County of Santa Clara. 6. The breaches of contract occurred in the County of Santa Clara, and the Lease which forms the basis of causes of action in this Complaint was executed in the County of Santa Clara. 7. The true names and capacities of Does 1 through 20 are unknown to plaintiff, who therefore sues them by such fictitious names. Plaintiff prays leave to amend this complaint to show the true names and capacities of said Does when the same have been ascertained. Plaintiff is informed and believes, and so alleges, that each of said Does is responsible for plaintiffs damages and injuries as hereinafter alleged and described. 8. Plaintiff is informed and believes, and so alleges, that defendants, and each o them, were at all times herein mentioned, and now are, the agents, servants, employees, alter ego, and representatives of their co-defendants, and acting within the scope, purpose, and authority of such agency, service, employment, and representation, and with the permission, knowledge, and consent of their co- defendants. References hereinafter to "defendants" shall mean "defendants, and each of them." CHARGING ALLEGATIONS 9. On August 27, 2018 Katherine Gilson entered as tenant into a Lease Contract with GS Almaden, LLC as owner for the rental of 925 Foxchase Drive Unit No. 404, San Jose, CA 95123. 10. The lease contract lists Avana Almaden as the payee and owner's agent. 11. The Greystar Worldwide, LLC trademark is located on page 16, the Lease Addendum Liability Insurance Required of Resident. Paragraph two of this Addendum Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damagesrequires Greystar be listed as an interested party of any liability insurance. The Lease Contract also states on page 42 the privacy agreement can be viewed at www.greystar.com/privacy. 12. On December 24, 2018 Katherine Gilson discovered a puddle of water in her bedroom. She called Avana Almaden’s emergency phone number as designated in the lease. This number did not allow her to leave a message. 13. On December 25, 2018 at 7:45 am Katherine Gilson again called the emergency line for Avana Almaden and spoke to man who answered the phone. Around 9 am a different man who identified himself as a supervisor for Avana Almaden arrived at Katherine Gilson’s apartment to inspect the damage. He cut a hole in the carpet and the wall. 14. Katherine Gilson saw a large amount of mold inside the wall. She repeatedly told the supervisor that she has a mold allergy. He said he needed to pick up the dryers and there was no mold in the carpet. The same supervisor returned with the commercial blowers to “dry the carpet and wall’. 15. The commercial blowers blew the mold spores throughout the apartment, twenty-four hours a day for three days straight. Kathrine Gilson and her visiting Aunt slept in the living room of her apartment as her bedroom was uninhabitable. 16. The commercial blowers were picked up on December 28, 2018. 17. Katherine Gilson did not have any contact from Avana Almaden on the 29", 30, 31° January 1%, or 2°, 18. On the evening of January 3, 2019 Rebecca, an employee of Avana Almaden, told Katherine Gilson that a company was coming the next morning to work on her apartment. She also said that Katherine Gilson needed remove everything from the bedroom. Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages19. On January 4, 2019 Katherine Gilson was sent home from her employment at Johnson Garden. Her eye had swelled up, she had rashes on her face and arm. She was weak and in much pain. Katherine Gilson’s allergic reaction to the mold was intensifying. 20. Upon arrival at her apartment she saw there were no workers and no work had been performed at the apartment. 21. Katherine Gilson went to the apartment management office and spoke with Rebecca. Rebecca said the company was working on another job. She then told Katherine Gilson that if she needed a place to stay, she should contact her rental insurance since Avana Almaden was not responsible. Around 2 pm Rebecca called Katherine Gilson to inform her the restoration company was on its way. She also gave Katherine Gilson the option of moving herself into an upstairs apartment within two days, stay in Saratoga, or break the lease. 22. In the afternoon of January 4, 2019 the restoration company, CDRN, came. They loosely taped plastic sheeting to block off the bedroom. 23. Katherine Gilson continued to have severe reaction to the mold and moved into a motel on January 5, 2019. She left a voicemail for Avana Almaden stating she was moving out and that she was staying in a motel. 24. On January 6, 2019 Katherine Gilson received a voice mail form Olga at Avana Almaden saying she did not understand the voice mail and to call her. 25. On January 7, 2019 Katherine Gilson emailed Defendants’ employee Rebecca to inform Avana Almaden that she is moving out and requested Avana Almaden compensate her for her damaged belongings, missed work, and medical expenses due to the excessive mold exposure. Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages26. On January 14, 2019 CRDN picked up five bags of Katherine Gilson’s clothing for dry cleaning. They returned her clothing on February 11, 2019 with approximately $1,000 (one thousand dollars) of dresses, jackets, sweaters missing. 27. There remained at all known times thereafter a containment in the bedroom area that is secured with duct tape on walls and in to the ceiling area of the bedroom. The carpet in the bedroom area where there was a containment, has been covered with self adhesive flooring plastic protection. There was an entrance to the containment that is closed with a zipper. 28. On January 31, 2019 a mold test was performed at 925 Foxchase Drive unit 404 for areas outside of the . The test results were positive for High concentration of Alternaria (Ulocladium) Fungal Spores & Particulates by Optical Microscopy and for Aspergillus/Penicillium, Ascospores, Basidiospores, Cladosporium, and Myxomycetes. An inspection showed patent mold growth. 29. February 4, 2019 Juan Tabares, Community Manager for Avana Almaden replied to Katherine Gilson’s email. He stated that she was not responsible for rent after January 31° nor was she responsible for any fees associated with terminating the lease| 30. Attached hereto as Exhibits A and B are true and correct copies of: A. Lease Agreement; and B. Email correspondence between Katherine Gilson and Avana Almaden. FIRST CAUSE OF ACTION Breach of Written Contract 31. Plaintiff incorporates the allegations of paragraphs 1 through 30 of this Complaint. Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages32. On August 27, 2018 Plaintiff entered into a contract with Defendants to lease| 925 Foxchase Drive, Unit 404. Plaintiff paid a monthly rent in exchange for Defendants to provide a habitable, safe, and sanitary environment. 33. The Lease Contract contains a Mold Information and Prevention Addendum. This Addendum is for the landlord/owner/property management to disclose any mold to the tenant. This was signed by a representative of the Owner and Katherine Gilson as Resident. 34. Defendants knowingly rented Unit 404 with an existing mold infestation. 35. Defendants did not adequately repair the mold infestation inside of the wall before entering into a contract with Plaintiff. This was evident by the amount of mold and the patched holes inside the wall. 36. When the supervisor cut a hole in the wall a large growth of mold spores and previous patched holes were visible. 37. Defendants breached the Lease when they did not provide a safe, sanitary, or habitable place to live due to mold infestation. 38. Katherine Gilson was harmed and sustained injuries as a direct, legal and proximate result of Defendants’ breach of contract. This includes reasonably anticipated personal injuries, and economic losses. Plaintiff suffered a severe reaction to mold. Plaintiff sustained severe emotional distress. Defendants damaged all of her personal belongings. Plaintiff had to move, requiring expenditure of time and of effort while she was ill, and requiring expenses and moving costs. In a phone call, Rebecca informed Plaintiff that Anava Almaden was not responsible for any accommodations or assistance. One option she provided to Plaintiff was two days to move herself into an Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damagesupstairs apartment. This was a full ten days after Defendant was made aware of unsafe} and unhealthy environment. Defendant failed to offer any assistance in relocating Plaintiff and her property out of harm’s way 39. The Lease provides for recovery of attorneys fees in four different provisions of the Lease. Plaintiff has employed the services of the Law Offices of William C. Dresser to pursue recovery of damages for breach of the Lease and has incurred legal fees therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is entitled to and should be awarded her reasonable attorneys' fees and costs incurred in this matter. WHEREFORE Plaintiff prays for relief as hereinafter set forth. SECOND CAUSE OF ACTION Breach of Implied Covenant of Quiet Enjoyment 40. Plaintiff realleges and incorporates herein by this reference as though more fully set forth the allegations contained in paragraphs 1 through 39 of this Complaint. 41. Every contract for lease of residential property includes an implied covenant of quiet enjoyment. The implied covenant of quiet enjoyment allows a person to reside in their place of dwelling peacefully without harm. Plaintiff entered into a lease agreement with Defendants to live in a dwelling peacefully without harm. Defendants knowingly rented Unit 404 to Plaintiff well aware of existing mold infestations. Defendants were negligent in the maintenance of the property by not properly eradicating the mold. Defendants installed commercial blowers that ran for three days. The blowers blew the existing mold throughout the apartment causing an unreasonable risk of harm to Plaintiff. Plaintiff had informed Defendants’ employee of her severe mold allergy. Furthermore, Defendants failed to protect the Plaintiff during this time. Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages42. Upon entering into the Lease, Defendants were to ensure the Plaintiff had an| apartment she could take quiet possession of for the duration of the lease agreement. Defendants failed to maintain the ability for Plaintiff to have quiet possession of her apartment. 43. The actions, and failures to act, by Defendants’ were a breach of the implied covenant of quiet enjoyment. 44. Katherine Gilson was harmed and sustained injuries as a direct, legal and proximate result of Defendants’ breach of contract. This includes reasonably anticipated personal injuries, and economic losses. 45. The Lease provides for recovery of attorneys fees in four different provisions of the Lease, including in connection with negligence and in connection with the conditions of the premises. Plaintiff has employed the services of the Law Offices of William C. Dresser to pursue recovery of damages for breach of the covenant of quiet enjoyment, and has incurred legal fees therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is entitled to and should be awarded her reasonable attorneys’ fees and costs incurred in this matter. WHEREFORE Plaintiff prays for relief as hereinafter set forth. THIRD CAUSE OF ACTION Negligence 46. Plaintiff realleges and incorporates herein by this reference as though more fully set forth the allegations contained in paragraphs 1 through 45 of this Complaint. 47. Defendants were negligent in their ownership, maintenance and control of the apartment and building in which Plaintiff lived. 48. Defendants failed to provide Plaintiff with a safe and sanitary place to live. Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages49. Defendants neglected to use reasonable duty of care when they installed commercial blowers in Unit 404. Plaintiff informed Defendants’ employee of her mold allergy. Defendants continued to install and run commercial blowers in the apartment for three days. Defendants made no effort to protect Plaintiff, nor take any precautions to ensure her well-being and safety. 50. Katherine Gilson was harmed and sustained injuries as a direct, legal and proximate result of Defendants’ negligence. This includes reasonably anticipated personal injuries, and economic losses. 51. The Lease provides for recovery of attorneys fees in four different provisions of the Lease, including in connection with negligence. Plaintiff has employed the services of the Law Offices of William C. Dresser to pursue recovery of damages for breach of the covenant of quiet enjoyment, and has incurred legal fees therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is entitled to and should be awarded her reasonable attorneys' fees and costs incurred in this matter. WHEREFORE Plaintiff prays for relief as hereinafter set forth. FOURTH CAUSE OF ACTION Fraud 52. Plaintiff realleges and incorporates herein by this reference as though more fully set forth the allegations contained in paragraphs 1 through 51 of this Complaint. 53. Defendants expressly represented in writing to Plaintiff in the Lease that though mold is present everywhere, that it would not be present in her apartment if she followed certain procedures. This was in a Lease signed by managing agents of defendants. 54. Defendants knew based on prior incidents in that same unit 404 that there was mold throughout that unit. The visible cuts in the walls from before Plaintiff began Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damagesto rent unit 404 were evidence of the knowledge of defendants of the harmful conditions present in the unit. 55. Defendants concealed this material fact from Plaintiff. 56. Plaintiff could not have discovered the harmful conditions concealed within the walls of the unit. 57. Plaintiff did not know of the existence of mold throughout the unit. 58. Defendants intentionally concealed this fact from Plaintiff. 59. Plaintiff sustained serious injury, and other losses and damages as a result of Defendants’ concealment. 60. The concealment by defendants was a substantial factor in causing Plaintiff's) harm. 61. The actions and concealment by defendants, and each of them, were by individuals who on behalf of the defendant entities, who were acting in a management and supervisorial role, were acting on behalf of the defendant entities, who had advanced knowledge of the harm to Plaintiff when they acted wrongfully. Their actions constituted malice, oppression or fraud, and were despicable. Plaintiff is thus entitled to recovery of exemplary damages against defendants, and each of them. 62. The Lease provides for recovery of attorneys fees in four different provisions of the Lease, including in connection with the conditions of the premises. Plaintiff has employed the services of the Law Offices of William C. Dresser to pursue recovery of damages for breach of the covenant of quiet enjoyment, and has incurred legal fees therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is entitled to and should be awarded her reasonable attorneys’ fees and costs incurred in this matter. WHEREFORE Plaintiff prays for relief as hereinafter set forth. Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages 10)FIFTH CAUSE OF ACTION Battery 63. Plaintiff realleges and incorporates herein by this reference as though more fully set forth the allegations contained in paragraphs 1 through 64 of this Complaint. 65. Defendants, by subjecting Plaintiff to live in an apartment that contained offensive and injurious mold, but cutting a hole in the wall, by blowing mold throughout the apartment unit, and by continuing to force Plaintiff to be subjected to offensive and injurious mold, caused injury to Plaintiff by exposure to toxic bacteria. Defendants intentionally ran commercial blowers for three days spreading mold spores throughout the apartment. 66. Plaintiff did not consent to this offensive touching and exposure to offensive and injurious mold. 67. Plaintiff sustained serious injury, and other losses and damages as a result of Defendants’ subjecting her to offensive touching and exposure to offensive and injurious mold. 68. A reasonable person in Plaintiff's position would have been offended by the offensive touching and exposure to offensive and injurious mold. 69. The actions by defendants, and each of them, were by individuals who on behalf of the defendant entities, who were acting in a management and supervisorial role, were acting on behalf of the defendant entities, who had advanced knowledge of the harm to Plaintiff when they acted wrongfully. Their actions constituted malice, oppression or fraud, and were despicable. Plaintiff is thus entitled to recovery of exemplary damages against defendants, and each of them. 70. The Lease provides for recovery of attorneys fees in four different provisions of the Lease, including in connection with the conditions of the premises. Plaintiff has Gilson v GS Almaden, LLC; Santa Clara action 20CV_ Complaint for Damages 1qemployed the services of the Law Offices of William C. Dresser to pursue recovery of damages for breach of the covenant of quiet enjoyment, and has incurred legal fees therefore and will continue to incur legal fees and miscellaneous costs. Plaintiff is entitled to and should be awarded her reasonable attorneys' fees and costs incurred in this matter. WHEREFORE Plaintiff requests relief as hereinafter set forth. PRAYER FOR RELIEF Plaintiff prays for relief against Defendants, and each of them, as follows: 1. For economic damages and reasonably anticipated personal injuries including economic and non-economic injuries; 2. For exemplary damages against defendants and each of them; 3. For reasonable attorney's fees; 4. For costs of suit in this action; and 5. . For such other and further relief as the Court may deem proper. 7 Dated: July 9, 2020 Attorneys for Plaintiff Katherine Gilson Gilson\Pld\Complaint.709 action 20CVDocuSign Envelope ID ADBF16A7-38AC-458A.A203-AA2D 1BD1CFBA Lease Contract Date of Lease Contract.__ August 27, 2018 (when the lease contract is filled out} 1. PARTIES. This Lease Contract (sometimes referred to as the “lease") is between you, the resident{s) (list all people signing the Lease Contract) Katherine Gilson 7 and us, the owner GS Almade Moving In—General Information . KEYSAND FURNITURE. You will be provided _2 for an unfurnished dwelling, and 3 month's rent for a furnished dwelling The security deposit may not exceed two and a half month's rent for an unfurnished dwelling, and three anda half month's rent for a furnished dwelling in the event you install water furniture dwelling key(s), 2 mailbox key(s), and 1 other access devices for Facility e Your dwelling will be [check one] _) furnished or X unfurnished |. RENTAND CHARGES. Unless modified by addenda, you will pay $2190.00 without demand per month for rent, payable in advance and 2X atthe on-site manager's office, or 3% at our online payment site, or dat - (name of title holder or published and recorded fictitious business name) You've agreed to rent Unit No 404 (the “dwelling”) at 9: Foxchase Dr #404 (street address) in _Jos (city), California, 95123 (zip code) (the “dwelling") for use as a private residence only The terms “you” and "your" refer toall residents listed above, The terms ius,” and “our” refer to the owner listed above (or any of owner's successors’ in interest or assigns). Written notice to or from our managers constitutes notice to or from us. [f anyone else has guaranteed performance of this lease Contract, a separate L.ease Contract Guaranty for each guarantor is attached 2. OCCUPANTS. The dwelling will be occupied only by you and (lise all other occupants not signing the Lease Contract) Noone else may occupy the dwelling. Persons not listed above must not stay in the dwelling for more than __14 consecutive days without our prior written consent, and no more than twice that ‘many days in any one month. If the previous space isn't filled in, two days per month is the limit 3. LEASE TERM. The initial term of the Lease Contract begins on the 29th dayof August. 2018 "and ends at midnight the 27th dayof ___November 2019 THIS LEASE CONTRACT WILL AUTOMATICALLY RENEW MONTH-TO-MONTH UNLESS EITHER PARTY GIVES AT LEAST _30__ DAYS WRITTEN NOTICE OF TERMINATION OR INTENT TO MOVE-OUT AS REQUIRED BY PARAGRAPH 35 (MOVE- OUT NOTICE). If the number of days isn’t filled in, at least 30 days written notice is required. Ifthe Residents have been in possession for longer than one year, Landlord shall provide Residents with at least a 60 day written notice to terminate tenancy Residents shall comply with all notice provisions in paragraph 35 (Default by Resident). 4. SECURITY DEPOSIT. Unless modified by addenda, the total security deposit at the time of execution of this Lease Contract for all residents in the dwelling is $__500.00__, duc on or before the date this Lease Contract is signed See paragraphs 39 (Security Deposit Deductions and Other Charges) and 40 (Deposit Return, Surrender, and Abandonment) for security deposit return information The security deposit may not exceed 2 month's rent © 2018, National Apartment Association, Ine 5/2018, California Prorated rent of $__211.94 is due for the remainder of [check one]: % 1st month or _} 2nd month, on August 29 ,__2018 Otherwise, you must pay your rent on or before the__3rd_ day of each month (due date) with no grace period. Cash is unacceptable without our prior written permission You must not withhold or offset rent unless authorized by statute. We may, at our option, require at any time that you pay all rent and other sums in cash, certified or cashier's check, moncy order, or one monthly check rather than multiple checks. Atour discretion, we may convert any and all checks via the Automated Clearing House (ACII) system for the purposes of collecting payment. If you don’t pay all rent on or before the expiration of one business day after due date, you'll be delinquent. You will be obligated to pay to us a late charge of $__100.00 __ if you fail to pay any amount when due under this Contract. You agree that it would be impracticable or extremely difficult to fix the actual damage to us and that the late charge 1s a reasonable estimate of the actual damages that the parties reasonably believe would occur as a result of late payment. You'll also pay a charge of $25.00 for cach returned check or rejected electronic payment. For additional returned checks you'll pay a charge of $35.00. fyouare delinquent, all remedies under this Lease Contract will be authorized. If you are delinquent, all remedies under this Lease Contract and California law will be authorized. A negative credit report reflecting on your credit record may be submitted to acredit reporting agency if you fail to fulfill your credit obligations under this Lease 7. UTILITIES. We'll pay for the following items, if checked water, — _] gas, J electricity, _) master antenna _} wastewater, 1 trash LU cable TV, other You'll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities You must not allow utilities tobe disconnected—including disconnection for not paying your bills—until the lease term or renewal period ends. Cable channels that are provided may be changed during the Lease Contract term ifthe change applies to all residents. Utilities may be used only for normal household purposes and must not be wasted If your electricity is ever interrupted, you must use only battery-powered lighting Ifany utilitiesare submetered for the apartment, or prorated by an allocation formula, we will attach an addendum to this Lease Contract in compliance with state agency rules or city ordinance . INSURANCE. Our insurance doesnot cover the loss of your personal possessions or personal injury and it is recommended that you consider purchasing renter’s insurance and flood insurance to insure your possessions from loss due to fire, flood, or other risk of loss Weare not responsible to any resident. guest, or occupant for damage or loss of personal property or personal injury from (including but, not limited to) fire, smoke, rain, flood, water and pipe leaks, hail ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other residents, occupants, or invited /uninvited guests or vandalism unless otherwise required by law Page 1 of 8DocuSign Envelope ID: ADBF 16A7-38AC-458A-A203-AA2D 1BD1CFBA, We urge you to get your own insurance for losses to your personal property or injuries due to theft, fire, water damage, pipe leaks and the like Additionally, you are [check one] % required to purchase personal liability insurance _) not required to purchase personal liability insurance. If no box is checked, personal liability insurance ts not required. If required, failureto maintain personal liability insurance isan incurable breach of this Lease Contract and may result inthe termination of tenancy and eviction and/or any other remedies as provided by this Lease Contract or state law. ‘The dwelling _} is _)1s not located ina special flood hazard area or anarea of potential flooding We have knowledge that the dwelling is in a special flood hazard area if (1) we received written notice from any public agency, or, (2) our mortgage holder requires us to carry flood insurance, or (3) we currently carry flood insurance You may obtain more information about hazards, including flood hazards, that may affect your dwelling from the Internet Web site of the Office of Emergency Services (http //www.caloes.ca gov/) ‘The Internet Web site address for the Myllazards tool is http // myhazards caloes ca gov/ Our insurance does not cover the loss of the tenant's personal possessions, We recommend that you consider purchasing renter’s insurance and flood insurance to insure your possessions from loss due to fire, flood, or other risk of loss. We are not required to provide additional information concerning the flood hazards tothe property The information provided hercin is deemed adequate to inform you Special Provisions and “What If” Clauses 10.SPECIAL PROVISIONS. The following special provisions and any addenda or written rules furnished to you at or before signing will become a part of this Lease Contract and will supersede any conflicting provisions of this printed Lease Contract form See any additional special provisions 11.EARLY MOVE-OUT. If you move out carly without our written consent or without paying us a negotiated lease termination fee, you will be liable to us for actual damages, including liability for rents during the entire remainder of your lease term (less mitigation) and for the cost of finding and processing a replacement resident, paying locator service fees, cleaning, make-ready costs, etc. In addition to any other rights and remedies allowed by law, we shall have the remedy set forth in Civil Code Section 1951.2 12,REIMBURSEMENT. You must promptly reimburse us for loss, damage, government fines, or cost of repairs or service in the Community due toa violation ofthe Lease Contractor rules, improper use, or negligence by you or your guests or occupants. Unless the serving your dwelling. We may require payment at any time, including advance payment of repairs for which you're liable. Delay in demanding sums you owe is not a waiver 13.PROPERTY LEFT IN DWELLING. Storage After Surrender, Abandonment, or Eviction. We may remove and/or store all property remaining in the dwelling or in common areas (including any vehicles you or any occupant or guest owns or uses) if you are judicially evicted or if you surrender or abandon the dwelling (see definitions in paragraph 41 (Deposit Return, Surrender, and Abandonment)). We will use reasonable care in storing the property, but we're not lable for casualty loss, damage, or theft unless caused by deliberate or negligent act on our part. We may store the property cither in the dwelling or in another safe place until (1) we release the personal property described in the notice to you or other persons we reasonably believe to he the owner ofthe property and we shall not require you to pay the cost of storage if ts owner reclaims the property within two days of you vacating the dwelling, (2) charges (and actual advertising/sale expenses) are paid in full after 2 days, or (3) 18 days have elapsed after "Notice of Right to Reclaim Abandoned Property” has been mailed (or 15 © 2018, National Apartment Association, Inc. - $/2018, California 9. 14. LOCKSANDLATCHES. We will provide an operable deadbolt lock on cach main swinging entry door of the dwelling in compliance with California Civil Code, Section 1941 3, subject to statutory exceptions We will provide window security or locking devices as required by that statute Keyed lock(s) will be rekeyed after the prior resident moves out The rekeying will be done before you move in, You must notify us immediately of any inoperable door, window, latch, or lock. You may at any time ask us to change or rekey locks or latches during the Lease Term. We must comply with those requests, but you must pay for them, unless otherwise provided by law Payment for Rekeying, Repairs, Ele. Unless otherwise required by law, you must pay for all repairs or replacements arising from misuse or damage to devices by you or your household members, occupants, or guests during your occupancy. You may be required to pay in advance if we notify you within a reasonable time after your request that you are more than 30 days delinquent in reimbursing us for repairing or replacinga device which was misused or damaged by you, your guest or an occupant; or if you have requested that we repair or change or rekey the same device during the 30 days preceding your request and we have complied with your request. Otherwise, you must pay immediately after the work ts completed days after it is personally served) by us, as provided below as otherwise required by law Notice. The “Notice of Right to Reclaim Abandoned Property’ must be in substantial compliance with the statutory form in Section 1984 or 1985, California Civil Code. The notice must be given by personal delivery to you or via regular U.S. mail to you at your last known address or to the person believed by us to be the owner Redemption. [fwe've stored property as provided above, you or the person believed by us to be the owner may redeem the property by paying all storage charges (and any actual advertisng/sale expenses) on or before the expiration of the Notice of Right to Reclaim Abandoned Property as required by law The charges for storage will be the fair rental value of the rental space reasonably required for the storage. We may return redeemed property at the place of storage, the management office, or the dwelling (at our option) We may require payment by cash, money order, or certified check We may also send a copy to your email address Other disposition or Sale. if all the property being stored is believed by us to be worth less than $700 and it has not been redeemed, we may keep, throw away, or give away the property after the 18th day following the giving of the “Notice of Right to Reclaim Abandoned Property” above. Ifall of the property is believed by us to be worth $700 or more, we may (1) release the personal property described in the notice to the former tenant and shall not require the former tenant to pay the cost of storage if the property remained in the dwelling and the former tenant or other person reasonably believed by the landlord to be its owner reclaims the property within two days of vacating the dwelling, (2) we release the property to the person believed by us to be the owner, if all storage charges (and actual advertising sale expenses) are paid in full after 2 days of storage, or (3) sell the property at public sale in compliance with the procedures of Section 1988 of the California Civil Code. Sale may be subject to any third-party ownership or lien claims, must be to the highest cash bidder, and may be in bulk, in batches, or item-by-item. You and the landlord may bid at the sale Excess sums will be paid over to the county in accordance with statute State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out FAILING TO PAY FIRST MONTH'S RENT. Ifyou don't pay the first month's rent when or before the Lease Contract begins, we may end your right of occupancy and recover damages, including future rents (less any mitigation), reletting charges, attorney's fees (consistent with paragraph 31 (Default by Resident)), court costs, and other lawful charges Our rightsand remedies under paragraphs 11 (Early Move-Out) and 31 (Default by Resident) apply to the failure to pay first month’s rent upon execution of the Lease Contract. Page 2 0f8DocuSign Envelope ID ADBF1GA7-3BAC.458A-A203-AA2D18D1CF8A 15, RENT INCREASES AND LEASE CONTRACT CHANGES. No rent increases or Lease Contract changes are allowed before the initial Lease Contract term ends, except for changes allowed by any special provisions in paragraph 10 (Special Provisions), by a written addendum or amendment signed by you and us, or by reasonable changes of dwelling rules allowed under paragraph 18 (Community Policies or Rules), or as otherwise allowed by law. We will give you ‘aminimum of 30 days notice if you are on a month to month tenancy before we increase the rent (a maximum of 10% increase over the previous 12 months). We will give you at least 60 days notice during a month to month tenancy before we raise the rent more than 10% {over the previous 12 months) unless the increase is caused by a change in your income or family composition as determined by a recertification required by statute or regulation 16.DELAY OF OCCUPANCY. If occupancy 1s or will be delayed for construction, repairs, cleaning, or a previous resident's holding over, we're not responsible for the delay The Lease Contract will remain in force subject to (1) abatement of rent on a daily basis during delay, and (2) your right to terminate as set forth below. Any termination notice must be in writing After termination, you are entitled only to refund of deposit(s) and any rent paid Rent abatement or lease termination does not apply if delay is for cleaning or repairs that don’t prevent you from occupying the dwelling While You're Living in the Apartment 18.COMMUNITY POLICIES OR RULES. You and all guests and occupants must comply with any written Community rules, regulations and policies, including instructions for care of the dwelling and the Community Our rules are considered part of this Lease Contract. We may make reasonable changes to written rules, effective immediately, 1f they are distributed and applicable to all units in the Community and do not change dollar amounts on page 1 of this Lease Contract 19. LIMITATIONS ON CONDUCT. The dwelling and other areas reserved for your private use must be kept clean. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances Doors, windows, and other passageways inside the dwelling must be clear and unobstructed for access to every room in the dwelling, and may be used only for entry or exit You must maintain the dwelling free from clutter or any other condition which may restrictair flow, encourage mold growth, invite pests, createsa fire hazard, or otherwise degrades the habitability of the dwelling. Passageways may be used only for entry or exit Any swimming pools, saunas, spas, tanning beds, exercise rooms, storcrooms, laundry rooms, and similar areas must be used with care in accordance with dwelling rules and posted signs. Giass containers are prohibited in all common areas. You, your occupants, or guests may not anywhere in the Community: use candles or use kerosene lamps or kerosene heaters without our prior written approval, cook on balconies or outside; or solicit business or contributions. Unless otherwise provided by law, conducting any kind of business in your dwelling or in the Community is prohibited— except that any lawful business conducted “at home” by computer, mail, or telephone is permissible if customers, clients, patients, or other business associates do not come to your dwelling for business purposes. You or your guests may not use the dwelling, or any other part of the property, to violate, or in violation of, any law, statute, or ordinance We may regulate (1) the use of patios, balconies, and porches, (2) the conduct of furniture movers and delivery persons, and (3) recreational activities in common areas. You'll be liable to us for damage caused by you or any guests or occupants. We may exclude from the Community guests or others who, in our judgment, have been violating the law, violating this Lease Contract or any dwelling rules, or disturbing other residents, neighbors, visitors, or owner representatives, We may also exclude from any outside area or common area a person who refuses to show photo identification or refuses to identify himself or herself asa resident, ‘occupant, or guest ofa specific resident in the Community 20.PROHIBITED CONDUCT. You and your occupants or guests may not engage in the following activities: behaving.in a loud or obnoxious manner, disturbing or threateningthe rights, comfort, health, safety, or convenience of others (including our agents and employees) in or near the Community, disrupting our business activities, manufacturing, cultivating, delivering, selling, possessing with intent We deliver or sell, or otherwise possessing or usinga controlled substance or drug paraphernalia for use with a controlled substance (Note "Controlled substance” includes so-called “medical marijuana under the law of California and any state having similar laws ‘The Resident agrees not to violate any law or ordinance. Marijuana 1s listed as a Class 1 scheduled drug under federal law, and is a © 2018, Nationa! Apartment Association, Inc. - 5/2018, California If there is a delay and we haven't given notice of delay as set forth immediately below, you may terminate up to the date when the dwelling 1s ready for occupancy, but not later (1) Ifwegive written notice to any of you when or after the Lease Contract begins—and the notice states that occupancy has been delayed because of construction or a previous resident's holding over, and that the dwelling will be ready on a specific date—you may terminate the Lease Contract within 3 days of your receiving the notice, but not later (2) If we give written notice to any of you before the beginning ofthe lease term and the notice states that construction delay is expected and that the dwelling will be ready for you to occupy ona specific date, you may terminate the Lease Contract within 7 days after any of you receives written notice, but not later. The readiness date is considered the new beginning date of the lease term for all purposes. This new date may not be moved to an earlier date unless we and you agree 17. DISCLOSURE RIGHTS. If someone requests information on you or your rental history for law-enforcement, governmental, or business purposes, we may provide it prohibited controlled substance. (21 United States Code sections 801-904 21 United States Code section 841(a)(1), 21 United States Code section 812(b)(1)), engaging in or threatening violence; possessing a weapon prohibited by state law, discharginga firearm in the Community, displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others, storing, anything in closets having gas appliances, tampering with utilities or telecommunications; bringing hazardous materials into the Community, or injuring our reputation by making bad faith allegations against us to others 21.PARKING. We may regulate the time, manner, and place of parking cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles by anyone We may have unauthorized or illegally parked vehicles towed under an appropriate statute A vehicle is unauthorized or illegally parked in the apartment Community ifit (1) hasa flat tire or other condition rendering it inoperable, or (2) isonjacks, blocks or has wheel(s) missing, or (3) _ has no current license or no current inspection sticker, or (4) _ takes up more than one parking space, or (5) belongs to a resident or occupant who has surrendered or abandoned the dwelling, or (6) 1s parked in a marked handicap space without the legally required handicap insigala, or (7) is parked in space marked for manager, staff, or guest at the office;or (8) blocks another vehicle from exiting, or (9) 1s parked ina fire lane or designated “no parking” area, or (10) 1s parked ina space marked for other resident(s) or unit(s), or (11) 1s parked on the grass, sidewalk, or patio, or (12) blocks garbage trucks from access to a dumpster, or (13) belongstoa residentand is parked ina visitor or retail parking space. 22.RELEASE OF RESIDENT. Unless entitled to terminate this Lease Contract by law or pursuant to its terms, you won't be released from this Lease Contract for any reason—including but not limited to voluntary or involuntary schoo! withdrawal or transfer, voluntary or involuntary job transfer, marriage, separation, divorce. reconciliation, loss of co-residents, loss of employment, or death 23.MILITARY PERSONNEL CLAUSE. You may terminate your tenancy ifafter entering into the Lease Contract you enlistor are drafted or commissioned and on active duty in the U.S. Armed Forces. You also may terminate your tenancy if: (1) you are (i) a member of the U.S. Armed Forces or reserves an active duty or (ii) a member of the National Guard called to active duty for more than 30 days in response to a national emergency declared by the President; and (2) you (i) receive orders for permanent change-of station, (ii) receive orders ta deploy with a military unit orasan individual in support of a military operation for 90 days or more, or (ti!) are relieved or released from active duty. ‘After you deliver to us your written termination notice, your tenancy will be terminated under this military clause 30 days after the date on which your next rental payment is duc. You must furnish us a Page 3 of8DocuSign Envelope ID. ADBF 16A7-38AC-458A.A203-AA2D 1BD1CFBA copy of your military orders, such as permanent change-of-station orders, call-up orders, or deployment orders or written notification from your commanding officer. Military permission for base housing, does not constitute change-of-station order After you move out, we'll return your security deposit, less lawful deductions. For the purposes of this Lease Contract, orders described in (2) above will only retease the resident who qualifies under (1) and (2) above and receives the orders during the Lease Contract term and such resident's spouse or legal dependent living in the resident’shouschold ‘Aco-resident who is not your spouse or dependent cannot terminate under this military clause. Unless you state otherwise in paragraph 10 (Special Provisions). vou represent when signing this lease Contract that. (1) you do not already have deployment or change- of station orders, (2) you will not be retiring from the military during the Lease Contract term, and (3) the term of your enlistment or obligation will not end before the Lease Contract term ends. Even ifyou arc entitled to terminate your tenancy under this paragraph, liquidated damages for making a false representation of the above will be the amount of unpaid rent for the remainder of the lease term when and if you move out, less rents from others received in mitigation under paragraph 31 (Default by Resident). You must immediately notify us if you are called to active duty or receive deployment or permanent change-of-station orders 24,RESIDENT SAFETY AND PROPERTY LOSS. You andall occupants and guests must exercise due care for your own and others’ safety and security, especially in the use of smoke and carbon monoxide detectors, keyed deadbolt locks, keyless bolting devices, window latches, and other access control devices. ‘Smoke and Carbon Monoxide Detectors. We'll furnish smoke and carbon monoxide detectors as required by statute, and we'll test them and provide working batteries when you first take possession. After that, you must pay for and replace batteries as needed, unless the law provides otherwise. You must immediately report smoke and carbon monoxide detector malfunctions to us. Neither you nor others may disable smoke and carbon monoxide detectors. Ifyou disable or damage the smoke and carbon monoxide detector, or fail to replace a dead battery or report known smoke and carbon monoxide detector malfunctions to us, and if your action or inaction causes loss, damage, or fines from fire, smoke, or water tous or others, you will be liable for such loss, damage, or fines Casualty Loss. We'renot liable to any resident, guest, or occupant for personal injury or damage or loss of personal property from any cause, including but not limited to: fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning. wind, explosions, earthquake, interruption of utilities, theft, or vandalism unless otherwise required by law Weare not responsible for the acceptance or receipt, ofany mail, messages, or packages leftat the entrances to the dwelling or elsewhere on the property, or for any loss or damage to those items or any other material that is delivered to the property We have no duty to remove any ice, sleet, or snow but may remove any amount with or without notice During freezing weather, you must ensure that the temperature in the dwelling is sufficient to make sure that the pipes do not freeze (we suggest at least 50 degrees) If the pipes freeze or any other damage is caused by your failure to properly maintain the heat in your dwelling, you'll be liable for damage to our and other's property. You agree to indemnify and hold us harmless from any claims, loses, or expenses (including attorney's fees) that we may incur as result of your negligence, or the negligence of your guests, invitees, or occupants in the dwelling, such as damage is caused by broken water pipes due to your violating these requirements. If you ask our representatives to perform services not contemplated in this Lease Contract, you will indemnify us and hold us harmless from all liability for those services. Crime or Emergency. Dial 911 orimmediately cail local medical emergency, fire, or police personnel in case of accident, fire, smoke, or suspected criminal activity or other emergency involving imminentharm. You should then contact our representative. Unless otherwise provided by law, we're not liable to you or any guests or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. If we provide any access control devices or security measures upon the property, they are not a guarantee to prevent crime or to reduce the risk of crime on the property You agree that no access control or security measures can eliminate all crime and that you will not rely upan any provided access control or security measures as a warranty or guarantee of any kind. We're not responsible for obtaining criminal history checks on any residents, occupants, guests, or contractors in the Community Ifyou or any occupant or guestis affected bya crime, you must make a written report to our representative and to the appropriate local law-enforcement agency You must also furnish us with the law enforcement agency's incident report number u