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PATRICIA WALSH, A PROFESSIONAL LAW CORPORATION
Patricia Walsh (SBN 121098)
751 Laurel Street, # 805
San Carlos, CA 94070
Telephone: 650 832 3757
PatriciaWalsh@pwalshlaw.com
Attorneys for Plaintiff
METCON TI, INC.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
METCON TI, INC., a California corporation, ) Case No.:
)
Plaintiff, ) COMPLAINT FOR MONIES DUE;
) QUANTUM MERUIT; ACCOUNT STATED;
vs. ) BREACH OF CONTRACT; FORECLOSURE
) OF MECHANIC’S LIEN; UNJUST
GREEN SPOKE PROPERTY ) ENRICHMENT
MANAGEMENT INC., a Nevada )
Corporation; ) (Unlimited Jurisdiction — Exceeds $25,000.00)
YOUR, LLC, a Delaware limited liability )
company; )
KITTY HAWK CORPORATION, )
a Delaware corporation; and )
DOES 1 — 100, inclusive, )
)
Defendants. )
)
Metcon TI, Inc. (“Plaintiff”), alleges:
1, At all relevant times herein, Plaintiff is and has been a corporation duly
authorized to conduct business in the State of California, licensed by the Contractors State
License Board to perform the work referred to herein.
2. Plaintiff is informed and believes and thereon alleges that at all relevant times,
defendant Green Spoke Property Management Inc. (“GSPMI”) is, and at all times relevant to this
action was, a Nevada corporation registered to transact business in the State of California and
conducting business in the County of Santa Clara. Plaintiff is informed and believes and thereon
alleges that at all times relevant hereto, GSPMI has been in the business of property
1
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTmanagement, and has acted as the agent of KHC and Defendants 21 through 100 with respect to
the improvement of the property that is the subject of this litigation.
3. Plaintiff is informed and believes and thereon alleges that at all relevant times,
defendant Your LLC (hereinafter referred to as “YOUR”) is, and at all times relevant to this
action was, a Delaware limited liability company registered to transact business in the State of
California and conducting business in the County of Santa Clara. Plaintiff is informed and
believes, and thereon alleges that YOUR is the fee simple owner of the real property that is the
subject of this litigation.
4, Plaintiff is informed and believes and thereon alleges that at all relevant times,
defendant Kitty Hawk Corporation (hereinafter referred to as “KHC”) is, and at all times relevant
to this action was, a Delaware limited liability company registered to transact business in the
State of California and conducting business in the County of Santa Clara. Plaintiff is informed
and believes and thereon alleges that KHC is the lessee of the real property that is the subject of
this litigation, or a party thereof. Plaintiff is informed and believes that at all times relevant
hereto, KHC hired GSPMI as its property manager and authorized all of the actions and conduct
of GSPMI that are alleged in this lawsuit.
5. Plaintiff is ignorant of the true names and capacities of the defendants sued herein
as Does | through 100, inclusive. Plaintiff therefore sues these defendants by fictitious names
and will amend this complaint when such defendants’ true names and capacities are ascertained.
6. Plaintiff is informed and believes, and thereon alleges, that the Doe defendants
each were, and are, in some manner responsible to Plaintiff under the obligations stated herein,
that each such Doe defendant was and is the duly authorized agent and/or representative of the
remaining defendants, and that each defendant in doing the things alleged herein, acted and
continues to act with the knowledge and consent of the remaining defendants, and was the agent,
partner, alter ego, employee and/or servant of the other defendants, and acted within the scope of
such agency, partnership, alter ego, and/or employment with the permission and consent of all
defendants, and each is in some manner legally responsible for, and proximately caused, injuries
and damages to Plaintiff herein.
2.
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENT7. Plaintiff is informed and believes and thereon alleges that Doe Defendants 1-20
directed and implemented the wrongful conduct of GSPMI, as herein alleged, and are
responsible for Plaintiffs damages. Plaintiff is informed and believes, and on that basis alleges,
that there exists a unity of interest and ownership between GSPMI and Does 1-20, and each of
them, in that they have no real separate interest, and that GSPMI's acts, as alleged herein, should
be treated as Doe Defendants 1-20’s acts to avoid an inequitable result. Plaintiff is informed and
believes, and on that basis alleges, that there exists a unity of interest and ownership between
GSPMI and Doe Defendants 1-20 that makes the separate corporate personalities merged so that,
in practice, the entities formed a single and unitary enterprise, and that an inequitable result
would occur if the acts of GSPMI, as alleged herein, were treated as the acts of GSPMI only.
Plaintiff further is informed and believes, and on that basis alleges, Doe Defendants 1-20, and
each of them, controlled GSPMI, used the same office or business location as GSPMI, that
GSPMI failed to maintain adequate corporate records and disregarded corporate formalities, and
that Does 1-20 and each of them used GSPMI as a mere shell or instrumentality for Defendant
Does 1-20, and each of their business, Plaintiff is informed and believes, and on that basis
alleges, that the imposition of liability to Does 1-20, and each of them, is necessary to avoid an
inequitable result. Specifically, Plaintiff is informed and believes, and on that basis alleges, that
at the times that GSPMI breached its obligations to pay Plaintiff, as alleged herein, GSPMI was
insolvent, and unable to pay its debts as they became due in the ordinary course of its business
or/and lacked sufficient assets to pay its debts, including, without limitation, the amounts sought
by Plaintiff in this complaint.
8. Venue is proper because the contract at issue was made, performed and/or
breached, and the relevant obligations and liability arose, in whole or in part, in the County of
Santa Clara. Moreover, the subject project was constructed and is situated in the County of
Santa Clara.
FIRST CAUSE OF ACTION
(Monies Due Against GSPMI and Does 21 — 30)
9. Plaintiff refers to and incorporates as though fully set forth herein each of the
3
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTforegoing paragraphs.
10. Within the last four years, Defendants GSPMI and Does 21-30 (the “GSPMI
Defendants”) became indebted to Plaintiff in the sum of not less than $25,806.28 for labor,
materials, equipment and/or services performed by Plaintiff, for the construction of or relating to
tenant improvements, that included, without limitation, labor, materials, equipment and services
furnished for the construction of the “Pink Machine — Wisconsin Oven Project,” including HVA
and related work furnished by Plaintiff to the GSPMI Defendants and each of them, at their
special instance and request.
11. Notwithstanding Plaintiffs demands for payment, there is now due, owing, and
unpaid from the GSPMI Defendants, and each of them, to Plaintiff the sum of not less than
$25,806.28, together with interest thereon at the prevailing legal rate.
WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
SECOND CAUSE OF ACTION
(Quantum Meruit Against the GSPMI and KHC Defendants and Does 21-30)
12. Plaintiff refers to and incorporates as though fully set forth herein each of the
foregoing paragraphs.
13. Within the last two years, in Santa Clara County, Plaintiff furnished labor,
materials, equipment and/or services at the special instance and requires of the GSPMI
Defendants and Defendant KHC, and Does 21-30, for tenant improvements located at 821 San
Antonio Road, Palo Alto, California, for which the GSPMI Defendants and Defendant KHC, and
each of them, then and there agreed to pay to Plaintiff the reasonable value of such services,
labor, materials, equipment, and related work. The work included tenant improvements, without
limitation, labor, materials, equipment and services furnished for the construction of the “Pink
Machine — Wisconsin Oven Project,” including HVA and related work.
14. Atall times mentioned herein, the reasonable unpaid value of such services, labor,
materials, equipment, and related work is the sum of not less than $25,806.28, which remains
due and owing by the GSPMI Defendants and Defendant KHC to Plaintiff, and Does 21-30 plus
interest.
4
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENT0 Om YD DW RF Bw NY =
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WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
THIRD CAUSE OF ACTION
(Account Stated Against the GSPMI Defendants and Does 21-30)
15. Plaintiff refers to and incorporates as though fully set forth herein each of the
foregoing paragraphs.
16. Within the last two years, in Santa Clara County, California, an account was
stated in writing by and between Plaintiff and the GSPMI Defendants and Does 21-30 and on
such account the sum of not less than $25,806.28 found to be due to Plaintiff. The GSPMI
Defendants expressly or impliedly agreed to pay Plaintiff this balance.
17. Although demanded by Plaintiff, there is now due and owing and unpaid from the
GSPMI Defendants to Plaintiff the sum of not less than $25,806.28, together with interest
thereon from the time such payments became due.
WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
FOURTH CAUSE OF ACTION
(Breach of Contract Against the GSPMI Defendants and Does 21-30)
18. Plaintiff refers to and incorporates as though fully set forth herein each of the
foregoing paragraphs.
19. On or about December 28, 2020, at the request of GSPMI, Plaintiff provided to
the GSPMI Defendants written Estimate No. 4739MH pursuant to which Plaintiff, as a licensed
general contractor, proposed to perform certain HVAC and related work at 821 San Antonio
Road, Palo Alto, California (the “Project”), for the price of $25,316.28, as more fully identified
in said Estimate. The GSPMI Defendants promptly accepted the Estimate in writing by
providing an authorized signature thereon (the “Contract”). A true and correct copy of the
Contract is attached hereto as Exhibit A and incorporated herein by reference. The GSPMI
Defendants orally agreed to promptly pay Plaintiff upon completion of its work. Pursuant to the
Contract, Plaintiff agreed to and did furnish labor, services, equipment or materials, and
completed its work. Plaintiff invoiced the GSPMI Defendants for the work on or about January
15, 2021, but the GSPMI Defendants have failed to pay Plaintiff for any portion of its work.
5
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENT20. The GSPMI Defendants breached the Contract by failing to pay Plaintiff for its work
and by failing to pay all sums due and owing.
21. Plaintiff fully performed the obligations required of it under the Contract, and has
satisfied all conditions and covenants required of it, save those which have been excused, waived
or otherwise discharged or which Plaintiff has been prevented from performing.
22. As a direct and proximate result of the GSPMI Defendants and Does 21-30’s
breach of the Contract, Plaintiff has incurred damages in the sum of not less than $25,806.28,
plus costs of suit, and interest.
WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
FIFTH CAUSE OF ACTION
(Foreclosure of Mechanic’s Lien Against the YOUR LLC and KHC Defendants and Does
31-90)
23. Plaintiff refers to and incorporates as though fully set forth herein each of the
foregoing paragraphs.
24. Plaintiff has provided all notices required by the California Civil Code, necessary for
asserting mechanic’s lien rights.
25. Plaintiff is informed and believes and thereon alleges that at all relevant times the
YOUR and KHC Defendants, and Does 31-90 (collectively, the “Owner Defendants”) each
claim, or claim to have, some right, title or interest in the real property and improvements located
at 821 San Antonio Road, Palo Alto, California, APN No. 127-15-0496.
26. Plaintiff supplied labor, services, equipment or materials necessary for the
construction of or relating to tenant improvements, that included, without limitation, labor,
materials, equipment and services furnished for the construction of the “Pink Machine —
Wisconsin Oven Project,” including HVAC and related work. The work was incorporated and
consumed in the construction of the work of improvement constituting the Property.
27. Within 90 days after Plaintiff and/or any other person providing labor, equipment,
materials and/or services to improve the Property ceased furnishing said labor, materials,
equipment, and/or services and related work to the Owner Defendants, Plaintiff duly filed and
6
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTBw N =
wn
recorded in the official records of Santa Clara County, California, a mechanic’s lien which was duly
verified, as Document No. 24907308 (the “Mechanic’s Lien”). Before recording such lien,
Plaintiff also duly and timely served a Notice of Mechanic’s Lien, with a duly executed proof of
service affidavit, on the Owner Defendants. In the Mechanic’s Lien, Plaintiff claimed a mechanic’s
lien of $25,806.28, plus interest in accordance with applicable law, on the Property, which amount
represented part of the unpaid balance that Plaintiff in good faith believed was due and owing to
Plaintiff, and which was claimed in this instrument is the reasonable value of the services, labor,
materials, equipment, and related work that Plaintiff furnished to the Owner Defendants, for the
benefit of the Project and the Owner Defendants, and each of them, and incorporated and
consumed in the Property, less all payments made to date. A true and correct copy of the
Mechanic’s Lien and Notice of Mechanic’s Lien are attached hereto as Exhibit B and is
incorporated herein by reference, together with prepared certified mailing receipt slips and the
official records from the United States Postal Service’s website evidencing receipt by the USPS of
the lien and its delivery. The Mechanic’s Lien was recorded in the time allowed by the California
Civil Code.
28. Plaintiff is informed and believes and thereon alleges that the Owner Defendants,
and each of them, have or claim to have some estate, lien, right, title or interest in or upon the
Property or some part thereof, which said claim and claims and all such claims or liens are
subject, subsequent and subordinate to the lien of Plaintiff.
WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
SIXTH CAUSE OF ACTION
(Unjust Enrichment Against Defendants YOUR LLC, KHC, and Does 91-100)
29, Plaintiff refers to and incorporates as though fully set forth herein each of the
foregoing paragraphs. This cause of action is pleaded in the alternative to each of the preceding
causes of action.
30. Plaintiff furnished work on the Project at the express or implied request and for
the benefit of the YOUR and KHC Defendants, and Does 91 to 100, and each of them (the
“Unjustly Enriched Defendants”)
7
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTYD Ww BF Www
31. Plaintiff is informed and believes and thereon alleges that the Unjustly Enriched
Defendants, and each of them, have retained the benefit of Plaintiffs work on the Project and the
Property without paying any person or entity for such benefit, including Plaintiff.
32. The enrichment of the Unjustly Enriched Defendants, and each of them, has been
at the expense of Plaintiff, and good conscience requires that the sum of at least $25,806.28 be
restored to Plaintiff.
WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
PRAYER
On the First, Third and Fourth Causes of Action, Against Defendants Green Spoke Property
Management Inc. Does 21 to 30:
l, For damages of not less than $25,806.28 and further damages according to proof;
On the Third Cause of Action, Against Defendants Green Spoke Property Management Inc. and
Kitty Hawk Corporation, and Does 21 to 30;
2. For damages of not less than $25,806.28 and further damages according to proof;
On the Fifth Cause of Action Against Your LLC, Kitty Hawk Corporation, and Does 31 to 90:
3. For a judgment and decree:
a. Declaring that the rights, claims, ownership, liens, title or demands of
Defendants, and each of them, in the above-described real properties be subject to and
subordinate to the respective lien of Plaintiff;
b. Ordering that Plaintiff's Mechanic’s Lien be foreclosed and the usual
judgment be made for the sale of the properties, according to law, by a commissioner to be
appointed by the Court;
c. Ordering that the proceeds of the sale be applied to the payment in the
amounts due, including interest thereon, through the date of entry of judgment due Plaintiff; and
d. Declaring that the title of each of the Defendants, and all persons claiming
under them, be adjudged subsequent to the Mechanic’s Lien of Plaintiff, whether the Defendants
claim an interest as lien claimants, judgment creditors, purchasers, encumbrancers, or otherwise
and that they be barred and foreclosed from all rights, claims, interest, or equity in redemption in
8
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTkw Nw
the Property or on any part thereof after the time for redemption has passed.
On the Sixth Cause of Action Against Your LLC, Kitty Hawk Corporation. and Does 91 through
100:
4. For damages of not less than $25,806.28 and further damages according to proof;
On All Causes of Action Against All Defendants and Does 1-100:
5. For pre-judgment and post-judgment interest at the prevailing rate;
6. Costs of suit; and
7. For such other and further relief as the Court may deem just and proper.
Dated: June 30, 2021 PATRICIA WALSH, A PROFESSIONAL LAW
CORPORATION
By Polncpen (Vealpn |
Patricia Walsh
Attorneys for Plaintiff
METCON TI, INC.
9
COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED,
BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTExhibit Aa
Subject: FW: Invoice from Metcon Ti, Inc.
Attachments: Inv_15824_from_METCON_TI_INC_26636.pdf
From:
Date: Fri, Jan 15, 2021 at 12:21 PM
Subject: Invoice from Metcon Ti, Inc.
To:
Cc:
LN] = c@xe) Na RN Tes
rar od Amount Due: $2 I 3 3 Al 6 .28
Dear Mr. Delgadillo :
Your invoice is attached. Please remit payment at your earliest convenience.
Thank you for your business - we appreciate it very much.
Sincerely,
Metcon Ti, Inc.
7060 Koll Center Parkway, Suite 334
Pleasanton, CA 94566
925-846-4433 office
925-846-4304 fax
Julie Collier
Contract Administrator
Metcon-Ti, Inc.
7060 Koll Center Parkway, Suite 334
Pleasanton, CA 94566
925-846-4433
+> foMETCON
7060 Koll Center Parkway, Suite 334
Pleasanton, CA 94566
925-846-4433 office
925-846-4304 fax
License #974976
Bill To
Greenspoke Ine
Julian Delgadillo
5348 Vegas Drive
Las Vegas, NV 89108
|
Invoice
1/15/2021 15824
| Terms
| Due Date Project
Net 15
1/30/2021 W5232w - Pink Machine 8...
Description
Kittyhawk Mise. Projects - 1201 San Antonio
Mountain View and 821 San Antonio Palo Alto
821 San Antonio Road Projects
Pink Machine - Wisconsin Oven Project
1 Duct square exhaust on machine to round
existing penetration
2.Modify existing ring with flange and replace
00700 General Conditions
15000 HVAC
821 San Antonio Exhaust Duct Inclusions:
-Furnish and install high pressure flex connector
at the fan outlet
Furnish and install thirty (15) lineal feet of 12
gauge welded ductwork up through an existing
roof penetration (Specifically excludes all rooftop
work)
«Furnish and install one (1) welded ring on the
existing intake damper onsite
*Insulated the ductwork with a foil face duct wrap
+Standard lead time is 2 working days for
detailing, 5 working days for fabrication, and 2
working days of installation. Total 9 workdays.
Acceleration to 7 days total using working days
= $3,300 if fabrication shop is willing, Monday
12/28 is a union holiday.
Acceleration to 5 days total using every day =
$8,800 premium with same confirmation.
99998 Profit & Overhead (5%)
Est Amt
Prior Amt
Curr % Total %
1,500.00
22,138.00
1,181.90
100.00%
100.00%
100,00%
100.00%
1,500.00
22,138.00
100.00% 100.00%
|
1,181.90
Thank you for your business, Eric Weinhagen
Total
Page 1Invoice
METCOMN 1/15/2021
7060 Koll Center Parkway, Suite 334
Pleasanton, CA 94566
925-846-4433 office
925-846-4304 fax
License #974976
Bill To |
Greenspoke Inc
Julian Delgadillo
5348 Vegas Drive
Las Vegas, NV 89108
| Terms | Due Date Project
| Net 15 1/30/2021 W5232w - Pink Machine 8...
Description Est Amt | Prior Amt | Curr % Total % Amount
99999 General Liability Insurance (2%) 496.38 100.00% 496.38
Pink Machine Project Final Cost $25,316.28
Thank you for your business, Eric Weinhagen Total $25,31628
Page 2Exhibit B“This document was electronically submitted
to Santa Clara County for recording**
24907308
Regina Alcomendras
Santa Clara County - Clerk-Recorder
RECORDING REQUESTED BY: 04/05/2021 02:06 PM
Metcon Ti, Inc. Titles: 1 Pages: 2
Fees: $103.00
. Tax: $0
AND WHEN RECORDED MAIL TO: Total: $103.00
Metcon Ti, Inc.
7060 Koll Center Parkway, #334
Pleasanton, CA 94566
SPACE ABOVE THIS LINE FOR RECORDER'S USE -
MECHANICS LIEN
The undersigned claimant, Metcon Ti, Inc., 7060 Koll Center Parkway, #334, Pleasanton, CA 94566,
claims a lien for labor, services, equipment, and/or materials under California Civil Code Section 8416 et
seq., upon the premises hereinafter described, and upon every estate or interest in such structures,
improvements and premises held by any party holding any estate therein.
The labor, services, equipment, and/or materials, were furnished for the construction of those
buildings, improvements, or structures, now upon that certain parcel of land situated in the County of
Santa Clara, State of California, said land described as follows: 821 San Antonio Road, Palo Alto, CA.
The sum of $25,806.28 together with interest thereon at the rate of 0.00 percent per annum from
April 5, 2021, is due claimant (after deducting all just credits and offsets) for the following work and/or
material furnished by claimant: Tenant Improvement.
Claimant furnished the work and/or materials at the request of, or under contract with: Greenspoke,
Inc., Attn: Justin Bujan, 5348 Vegas Drive, Las Vegas, NV 89108.
The owner(s) or reputed owner(s) of the property are: Your, LLC, 2200 Geng Road, #100, Palo Alto,
CA 94303 (owner), Kitty Hawk Corporation, 821 San Antonio Road, Palo Alto, CA 94303 (lessee).
Firm Name: Metcon Ti, Inc.
By: Li LY Wo
KiVonne Nash / Authorized Agent
VERIFICATION
|, the undersigned, say: | am the Authorized Agent of the claimant of the foregoing mechanics lien: |
have read said claim of mechanics lien and know the contents thereof. the same is true of my own
knowledge. | declare under penalty of perjury that the foregoing is true and correct.
Executed on April 5, 2021, at San Diego, California.
Firm Name: Metcon Ti, inc.
KiVonne Nash / Authorized Agent
Construction Notice Services, Inc. (74104)DOC #24907308 Page 2 of 2
PROOF OF SERVICE AFFIDAVIT
DECLARATION OF SERVICE BY MAIL
California Civil Code Section 8416 (a)(7) & (c)(1)
|, KiVonne Nash, as Lien Preparer, declare that we, Construction Notice Services,
Inc., served copies of this Mechanics Lien and Notice of Mechanics Lien on 821 San
Antonio Road, Palo Alto, CA by first class certified mail, postage prepaid, on April 5,
2021, at the San Diego/Mira Mesa California Post Office.
Copies of this Mechanics Lien and Notice of Mechanics Lien were mailed to the
Property Owner(s) or Reputed Owner(s), Your, LLC, 2200 Geng Road, #100, Palo Alto,
CA 94303.
| declare, under penalty of perjury, that the foregoing is true and correct. Executed
on April 5, 2021, at San Diego, California.
Firm Name: Metcon Ti, Inc.
LAGS
KiVonne Nash / Authorized Agent
(74104)
NOTICE OF MECHANICS LIEN
ATTENTION!
Upon the recording of the enclosed MECHANICS LIEN with the county
recorder's office of the county where the property is located, your property is
subject to the filing of a legal action seeking a court-ordered foreclosure sale of
the real property on which the lien has been recorded. The legal action must be
filed with the court no later than 90 days after the date the mechanic's lien is
recorded.
The party identified in the mechanics lien may have provided labor or
materials for improvements to your property and may not have been paid for
these items. You are receiving this notice because it is a required step in filing
a mechanics lien foreclosure action against your property. The foreclosure
action will seek a sale of your property in order to pay for unpaid labor,
materials, or improvements provided to your property. This may affect your
ability to borrow against, refinance, or sell the property until the mechanics lien
is released,
BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK
WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR
FOR MORE INFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS'
STATE LICENSE BOARD WEB SITE AT www.csib.ca.gov.CONSTRUCTION
NOTICE SERVICES, INC.
March 31, 2021
Collection Notice Department
TEL: 800-366-5660
FAX: 858-693-0276
www.cnslien.com
CONFIRMATION OF DOCUMENT REQUEST
Company Name:
Attention:
Fax:
Log# 212
METCON TI INC
JULIE
925/846-4301
Document Type: MECHANICS LIEN
Your Customer: GREENSPOKE INC, JUIAN BUJAN
Jobsite: 1201 SAN ANTONIO RD, MOUNTAIN VIEW, CA
Balance Due: $100,326.51 + CNS FEES
SAN Araneae rae ee
™ Complete items, 1, 2, and 3. Also complete
item 4 if Restricted Dellvery is desired.
® Print your name and address on the reverse
so that you can return the card to you.
™ Attach this card to the back of the mailpiece,
or on the front If space permits.
ived by (Please Print Clearly)| B.
a, of Delivery
ent to the county recorder of the
c. -F-DAIAL
C. Signet Bhagent
x LE _aadressoe
yn a "RUSH" basis, there will be
jarge. Please call and ask for the
1. Article Addressed to:
| Greenspoke, Inc.
Attn: Justin Bujan
5348 Vegas Drive |
‘Las Vegas, NV 89108
D. Is delivery address different from item 17 Ces
IFYES, enter dellvery address below; + C1No
8. Service Type
A Certiied Malt Express Mall
D)Registered C1 Return Recelpt for Merchandlso
Cinsured Mail 01.0.0.
‘would like to request "RUSH
iellations
ng.
tions strategy.
4, Restricted Delivery? (Extra Fee) Oves
2. Article Number (Copy fram sarvina label)
7020 Ob4YO 0002 27h? 1558 |
PS Form 3811, July 1999
1
1
Domestic Return Receipt,CONSTRUCTION TEL: 800-366-5660
NOTICE SERVICES, INC. FAX: 858-693-0276
March 31, 2021 www.cnslien.com
Collection Notice Department
CONFIRMATION OF DOCUMENT REQUEST
Company Name: METCON TI INC
Attention: JULIE
Fax: 925/846-4301
Log# 211
Document Type: MECHANICS LIEN
Your Customer: JUSTIN BUJAN — GREENSPOKE INC
Jobsite: 821 SAN ANTONIO RD, PALO ALTO, CA
Balance Due: $25,316.28 + CNS FEES
The above referenced document is scheduled to be processed and sent to the county recorder of the
jobsite location within 7 working days. If you request that it be done on a "RUSH" basis, there will be
an additional $100.00 charge plus a courier service and applicable charge. Please call and ask for the
Lien Department if you have any questions regarding this process or would like to request "RUSH
and Courier" services.
Please note: a charge is assessed for cancellations
after the request has begun processing.
Thank you for choosing us to be part of your collections strategy.Si aes
Chet t) LENT SONS tot [os
praia _—_—_—.. #98
B« Kitty Hawk Corporation ~~ —
™ lega1 San Antonio Road eeREETEEE
Palo Alto, CA 94303 peppered
?oe0 Ob40 0002 2767 1572
URSA CST aT}
Greenspoke, Inc.
Attn: Justin Bujan
5348 Vegas Drive
7020 8640 Oo02 2a7b? 9558
Las Vegas, NV 9108 jeanne
7020 Ob4O0 OO02 27h? 95bS
6 960
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PATRICIA WALSH, A PROFESSIONAL LAW CORPORATION Patricia Walsh (SBN 121098) 751 Laurel Street, # 805 San Carlos, CA 94070 Telephone: 650 832 3757 PatriciaWalsh@pwalshlaw.com Attorneys for Plaintiff METCON TI, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA METCON TI, INC., a California corporation, ) Case No.: ) Plaintiff, ) COMPLAINT FOR MONIES DUE; ) QUANTUM MERUIT; ACCOUNT STATED; vs. ) BREACH OF CONTRACT; FORECLOSURE ) OF MECHANIC’S LIEN; UNJUST GREEN SPOKE PROPERTY ) ENRICHMENT MANAGEMENT INC., a Nevada ) Corporation; ) (Unlimited Jurisdiction — Exceeds $25,000.00) YOUR, LLC, a Delaware limited liability ) company; ) KITTY HAWK CORPORATION, ) a Delaware corporation; and ) DOES 1 — 100, inclusive, ) ) Defendants. ) ) Metcon TI, Inc. (“Plaintiff”), alleges: 1, At all relevant times herein, Plaintiff is and has been a corporation duly authorized to conduct business in the State of California, licensed by the Contractors State License Board to perform the work referred to herein. 2. Plaintiff is informed and believes and thereon alleges that at all relevant times, defendant Green Spoke Property Management Inc. (“GSPMI”) is, and at all times relevant to this action was, a Nevada corporation registered to transact business in the State of California and conducting business in the County of Santa Clara. Plaintiff is informed and believes and thereon alleges that at all times relevant hereto, GSPMI has been in the business of property 1 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTmanagement, and has acted as the agent of KHC and Defendants 21 through 100 with respect to the improvement of the property that is the subject of this litigation. 3. Plaintiff is informed and believes and thereon alleges that at all relevant times, defendant Your LLC (hereinafter referred to as “YOUR”) is, and at all times relevant to this action was, a Delaware limited liability company registered to transact business in the State of California and conducting business in the County of Santa Clara. Plaintiff is informed and believes, and thereon alleges that YOUR is the fee simple owner of the real property that is the subject of this litigation. 4, Plaintiff is informed and believes and thereon alleges that at all relevant times, defendant Kitty Hawk Corporation (hereinafter referred to as “KHC”) is, and at all times relevant to this action was, a Delaware limited liability company registered to transact business in the State of California and conducting business in the County of Santa Clara. Plaintiff is informed and believes and thereon alleges that KHC is the lessee of the real property that is the subject of this litigation, or a party thereof. Plaintiff is informed and believes that at all times relevant hereto, KHC hired GSPMI as its property manager and authorized all of the actions and conduct of GSPMI that are alleged in this lawsuit. 5. Plaintiff is ignorant of the true names and capacities of the defendants sued herein as Does | through 100, inclusive. Plaintiff therefore sues these defendants by fictitious names and will amend this complaint when such defendants’ true names and capacities are ascertained. 6. Plaintiff is informed and believes, and thereon alleges, that the Doe defendants each were, and are, in some manner responsible to Plaintiff under the obligations stated herein, that each such Doe defendant was and is the duly authorized agent and/or representative of the remaining defendants, and that each defendant in doing the things alleged herein, acted and continues to act with the knowledge and consent of the remaining defendants, and was the agent, partner, alter ego, employee and/or servant of the other defendants, and acted within the scope of such agency, partnership, alter ego, and/or employment with the permission and consent of all defendants, and each is in some manner legally responsible for, and proximately caused, injuries and damages to Plaintiff herein. 2. COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENT7. Plaintiff is informed and believes and thereon alleges that Doe Defendants 1-20 directed and implemented the wrongful conduct of GSPMI, as herein alleged, and are responsible for Plaintiffs damages. Plaintiff is informed and believes, and on that basis alleges, that there exists a unity of interest and ownership between GSPMI and Does 1-20, and each of them, in that they have no real separate interest, and that GSPMI's acts, as alleged herein, should be treated as Doe Defendants 1-20’s acts to avoid an inequitable result. Plaintiff is informed and believes, and on that basis alleges, that there exists a unity of interest and ownership between GSPMI and Doe Defendants 1-20 that makes the separate corporate personalities merged so that, in practice, the entities formed a single and unitary enterprise, and that an inequitable result would occur if the acts of GSPMI, as alleged herein, were treated as the acts of GSPMI only. Plaintiff further is informed and believes, and on that basis alleges, Doe Defendants 1-20, and each of them, controlled GSPMI, used the same office or business location as GSPMI, that GSPMI failed to maintain adequate corporate records and disregarded corporate formalities, and that Does 1-20 and each of them used GSPMI as a mere shell or instrumentality for Defendant Does 1-20, and each of their business, Plaintiff is informed and believes, and on that basis alleges, that the imposition of liability to Does 1-20, and each of them, is necessary to avoid an inequitable result. Specifically, Plaintiff is informed and believes, and on that basis alleges, that at the times that GSPMI breached its obligations to pay Plaintiff, as alleged herein, GSPMI was insolvent, and unable to pay its debts as they became due in the ordinary course of its business or/and lacked sufficient assets to pay its debts, including, without limitation, the amounts sought by Plaintiff in this complaint. 8. Venue is proper because the contract at issue was made, performed and/or breached, and the relevant obligations and liability arose, in whole or in part, in the County of Santa Clara. Moreover, the subject project was constructed and is situated in the County of Santa Clara. FIRST CAUSE OF ACTION (Monies Due Against GSPMI and Does 21 — 30) 9. Plaintiff refers to and incorporates as though fully set forth herein each of the 3 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTforegoing paragraphs. 10. Within the last four years, Defendants GSPMI and Does 21-30 (the “GSPMI Defendants”) became indebted to Plaintiff in the sum of not less than $25,806.28 for labor, materials, equipment and/or services performed by Plaintiff, for the construction of or relating to tenant improvements, that included, without limitation, labor, materials, equipment and services furnished for the construction of the “Pink Machine — Wisconsin Oven Project,” including HVA and related work furnished by Plaintiff to the GSPMI Defendants and each of them, at their special instance and request. 11. Notwithstanding Plaintiffs demands for payment, there is now due, owing, and unpaid from the GSPMI Defendants, and each of them, to Plaintiff the sum of not less than $25,806.28, together with interest thereon at the prevailing legal rate. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. SECOND CAUSE OF ACTION (Quantum Meruit Against the GSPMI and KHC Defendants and Does 21-30) 12. Plaintiff refers to and incorporates as though fully set forth herein each of the foregoing paragraphs. 13. Within the last two years, in Santa Clara County, Plaintiff furnished labor, materials, equipment and/or services at the special instance and requires of the GSPMI Defendants and Defendant KHC, and Does 21-30, for tenant improvements located at 821 San Antonio Road, Palo Alto, California, for which the GSPMI Defendants and Defendant KHC, and each of them, then and there agreed to pay to Plaintiff the reasonable value of such services, labor, materials, equipment, and related work. The work included tenant improvements, without limitation, labor, materials, equipment and services furnished for the construction of the “Pink Machine — Wisconsin Oven Project,” including HVA and related work. 14. Atall times mentioned herein, the reasonable unpaid value of such services, labor, materials, equipment, and related work is the sum of not less than $25,806.28, which remains due and owing by the GSPMI Defendants and Defendant KHC to Plaintiff, and Does 21-30 plus interest. 4 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENT0 Om YD DW RF Bw NY = RMN YY NY NY NY NY NY Hee Se Be ewe ew ew ewe Se ec DN DA RF BN =F SOD we NY DH Bw NY = SS WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. THIRD CAUSE OF ACTION (Account Stated Against the GSPMI Defendants and Does 21-30) 15. Plaintiff refers to and incorporates as though fully set forth herein each of the foregoing paragraphs. 16. Within the last two years, in Santa Clara County, California, an account was stated in writing by and between Plaintiff and the GSPMI Defendants and Does 21-30 and on such account the sum of not less than $25,806.28 found to be due to Plaintiff. The GSPMI Defendants expressly or impliedly agreed to pay Plaintiff this balance. 17. Although demanded by Plaintiff, there is now due and owing and unpaid from the GSPMI Defendants to Plaintiff the sum of not less than $25,806.28, together with interest thereon from the time such payments became due. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. FOURTH CAUSE OF ACTION (Breach of Contract Against the GSPMI Defendants and Does 21-30) 18. Plaintiff refers to and incorporates as though fully set forth herein each of the foregoing paragraphs. 19. On or about December 28, 2020, at the request of GSPMI, Plaintiff provided to the GSPMI Defendants written Estimate No. 4739MH pursuant to which Plaintiff, as a licensed general contractor, proposed to perform certain HVAC and related work at 821 San Antonio Road, Palo Alto, California (the “Project”), for the price of $25,316.28, as more fully identified in said Estimate. The GSPMI Defendants promptly accepted the Estimate in writing by providing an authorized signature thereon (the “Contract”). A true and correct copy of the Contract is attached hereto as Exhibit A and incorporated herein by reference. The GSPMI Defendants orally agreed to promptly pay Plaintiff upon completion of its work. Pursuant to the Contract, Plaintiff agreed to and did furnish labor, services, equipment or materials, and completed its work. Plaintiff invoiced the GSPMI Defendants for the work on or about January 15, 2021, but the GSPMI Defendants have failed to pay Plaintiff for any portion of its work. 5 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENT20. The GSPMI Defendants breached the Contract by failing to pay Plaintiff for its work and by failing to pay all sums due and owing. 21. Plaintiff fully performed the obligations required of it under the Contract, and has satisfied all conditions and covenants required of it, save those which have been excused, waived or otherwise discharged or which Plaintiff has been prevented from performing. 22. As a direct and proximate result of the GSPMI Defendants and Does 21-30’s breach of the Contract, Plaintiff has incurred damages in the sum of not less than $25,806.28, plus costs of suit, and interest. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. FIFTH CAUSE OF ACTION (Foreclosure of Mechanic’s Lien Against the YOUR LLC and KHC Defendants and Does 31-90) 23. Plaintiff refers to and incorporates as though fully set forth herein each of the foregoing paragraphs. 24. Plaintiff has provided all notices required by the California Civil Code, necessary for asserting mechanic’s lien rights. 25. Plaintiff is informed and believes and thereon alleges that at all relevant times the YOUR and KHC Defendants, and Does 31-90 (collectively, the “Owner Defendants”) each claim, or claim to have, some right, title or interest in the real property and improvements located at 821 San Antonio Road, Palo Alto, California, APN No. 127-15-0496. 26. Plaintiff supplied labor, services, equipment or materials necessary for the construction of or relating to tenant improvements, that included, without limitation, labor, materials, equipment and services furnished for the construction of the “Pink Machine — Wisconsin Oven Project,” including HVAC and related work. The work was incorporated and consumed in the construction of the work of improvement constituting the Property. 27. Within 90 days after Plaintiff and/or any other person providing labor, equipment, materials and/or services to improve the Property ceased furnishing said labor, materials, equipment, and/or services and related work to the Owner Defendants, Plaintiff duly filed and 6 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTBw N = wn recorded in the official records of Santa Clara County, California, a mechanic’s lien which was duly verified, as Document No. 24907308 (the “Mechanic’s Lien”). Before recording such lien, Plaintiff also duly and timely served a Notice of Mechanic’s Lien, with a duly executed proof of service affidavit, on the Owner Defendants. In the Mechanic’s Lien, Plaintiff claimed a mechanic’s lien of $25,806.28, plus interest in accordance with applicable law, on the Property, which amount represented part of the unpaid balance that Plaintiff in good faith believed was due and owing to Plaintiff, and which was claimed in this instrument is the reasonable value of the services, labor, materials, equipment, and related work that Plaintiff furnished to the Owner Defendants, for the benefit of the Project and the Owner Defendants, and each of them, and incorporated and consumed in the Property, less all payments made to date. A true and correct copy of the Mechanic’s Lien and Notice of Mechanic’s Lien are attached hereto as Exhibit B and is incorporated herein by reference, together with prepared certified mailing receipt slips and the official records from the United States Postal Service’s website evidencing receipt by the USPS of the lien and its delivery. The Mechanic’s Lien was recorded in the time allowed by the California Civil Code. 28. Plaintiff is informed and believes and thereon alleges that the Owner Defendants, and each of them, have or claim to have some estate, lien, right, title or interest in or upon the Property or some part thereof, which said claim and claims and all such claims or liens are subject, subsequent and subordinate to the lien of Plaintiff. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. SIXTH CAUSE OF ACTION (Unjust Enrichment Against Defendants YOUR LLC, KHC, and Does 91-100) 29, Plaintiff refers to and incorporates as though fully set forth herein each of the foregoing paragraphs. This cause of action is pleaded in the alternative to each of the preceding causes of action. 30. Plaintiff furnished work on the Project at the express or implied request and for the benefit of the YOUR and KHC Defendants, and Does 91 to 100, and each of them (the “Unjustly Enriched Defendants”) 7 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTYD Ww BF Www 31. Plaintiff is informed and believes and thereon alleges that the Unjustly Enriched Defendants, and each of them, have retained the benefit of Plaintiffs work on the Project and the Property without paying any person or entity for such benefit, including Plaintiff. 32. The enrichment of the Unjustly Enriched Defendants, and each of them, has been at the expense of Plaintiff, and good conscience requires that the sum of at least $25,806.28 be restored to Plaintiff. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. PRAYER On the First, Third and Fourth Causes of Action, Against Defendants Green Spoke Property Management Inc. Does 21 to 30: l, For damages of not less than $25,806.28 and further damages according to proof; On the Third Cause of Action, Against Defendants Green Spoke Property Management Inc. and Kitty Hawk Corporation, and Does 21 to 30; 2. For damages of not less than $25,806.28 and further damages according to proof; On the Fifth Cause of Action Against Your LLC, Kitty Hawk Corporation, and Does 31 to 90: 3. For a judgment and decree: a. Declaring that the rights, claims, ownership, liens, title or demands of Defendants, and each of them, in the above-described real properties be subject to and subordinate to the respective lien of Plaintiff; b. Ordering that Plaintiff's Mechanic’s Lien be foreclosed and the usual judgment be made for the sale of the properties, according to law, by a commissioner to be appointed by the Court; c. Ordering that the proceeds of the sale be applied to the payment in the amounts due, including interest thereon, through the date of entry of judgment due Plaintiff; and d. Declaring that the title of each of the Defendants, and all persons claiming under them, be adjudged subsequent to the Mechanic’s Lien of Plaintiff, whether the Defendants claim an interest as lien claimants, judgment creditors, purchasers, encumbrancers, or otherwise and that they be barred and foreclosed from all rights, claims, interest, or equity in redemption in 8 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTkw Nw the Property or on any part thereof after the time for redemption has passed. On the Sixth Cause of Action Against Your LLC, Kitty Hawk Corporation. and Does 91 through 100: 4. For damages of not less than $25,806.28 and further damages according to proof; On All Causes of Action Against All Defendants and Does 1-100: 5. For pre-judgment and post-judgment interest at the prevailing rate; 6. Costs of suit; and 7. For such other and further relief as the Court may deem just and proper. Dated: June 30, 2021 PATRICIA WALSH, A PROFESSIONAL LAW CORPORATION By Polncpen (Vealpn | Patricia Walsh Attorneys for Plaintiff METCON TI, INC. 9 COMPLAINT FOR MONIES DUE; QUANTUM MERUIT; ACCOUNT STATED, BREACH OF CONTRACT; FORECLOSURE OF MECHANIC’S LIEN; UNJUST ENRICHMENTExhibit Aa Subject: FW: Invoice from Metcon Ti, Inc. Attachments: Inv_15824_from_METCON_TI_INC_26636.pdf From: Date: Fri, Jan 15, 2021 at 12:21 PM Subject: Invoice from Metcon Ti, Inc. To: Cc: LN] = c@xe) Na RN Tes rar od Amount Due: $2 I 3 3 Al 6 .28 Dear Mr. Delgadillo : Your invoice is attached. Please remit payment at your earliest convenience. Thank you for your business - we appreciate it very much. Sincerely, Metcon Ti, Inc. 7060 Koll Center Parkway, Suite 334 Pleasanton, CA 94566 925-846-4433 office 925-846-4304 fax Julie Collier Contract Administrator Metcon-Ti, Inc. 7060 Koll Center Parkway, Suite 334 Pleasanton, CA 94566 925-846-4433 +> foMETCON 7060 Koll Center Parkway, Suite 334 Pleasanton, CA 94566 925-846-4433 office 925-846-4304 fax License #974976 Bill To Greenspoke Ine Julian Delgadillo 5348 Vegas Drive Las Vegas, NV 89108 | Invoice 1/15/2021 15824 | Terms | Due Date Project Net 15 1/30/2021 W5232w - Pink Machine 8... Description Kittyhawk Mise. Projects - 1201 San Antonio Mountain View and 821 San Antonio Palo Alto 821 San Antonio Road Projects Pink Machine - Wisconsin Oven Project 1 Duct square exhaust on machine to round existing penetration 2.Modify existing ring with flange and replace 00700 General Conditions 15000 HVAC 821 San Antonio Exhaust Duct Inclusions: -Furnish and install high pressure flex connector at the fan outlet Furnish and install thirty (15) lineal feet of 12 gauge welded ductwork up through an existing roof penetration (Specifically excludes all rooftop work) «Furnish and install one (1) welded ring on the existing intake damper onsite *Insulated the ductwork with a foil face duct wrap +Standard lead time is 2 working days for detailing, 5 working days for fabrication, and 2 working days of installation. Total 9 workdays. Acceleration to 7 days total using working days = $3,300 if fabrication shop is willing, Monday 12/28 is a union holiday. Acceleration to 5 days total using every day = $8,800 premium with same confirmation. 99998 Profit & Overhead (5%) Est Amt Prior Amt Curr % Total % 1,500.00 22,138.00 1,181.90 100.00% 100.00% 100,00% 100.00% 1,500.00 22,138.00 100.00% 100.00% | 1,181.90 Thank you for your business, Eric Weinhagen Total Page 1Invoice METCOMN 1/15/2021 7060 Koll Center Parkway, Suite 334 Pleasanton, CA 94566 925-846-4433 office 925-846-4304 fax License #974976 Bill To | Greenspoke Inc Julian Delgadillo 5348 Vegas Drive Las Vegas, NV 89108 | Terms | Due Date Project | Net 15 1/30/2021 W5232w - Pink Machine 8... Description Est Amt | Prior Amt | Curr % Total % Amount 99999 General Liability Insurance (2%) 496.38 100.00% 496.38 Pink Machine Project Final Cost $25,316.28 Thank you for your business, Eric Weinhagen Total $25,31628 Page 2Exhibit B“This document was electronically submitted to Santa Clara County for recording** 24907308 Regina Alcomendras Santa Clara County - Clerk-Recorder RECORDING REQUESTED BY: 04/05/2021 02:06 PM Metcon Ti, Inc. Titles: 1 Pages: 2 Fees: $103.00 . Tax: $0 AND WHEN RECORDED MAIL TO: Total: $103.00 Metcon Ti, Inc. 7060 Koll Center Parkway, #334 Pleasanton, CA 94566 SPACE ABOVE THIS LINE FOR RECORDER'S USE - MECHANICS LIEN The undersigned claimant, Metcon Ti, Inc., 7060 Koll Center Parkway, #334, Pleasanton, CA 94566, claims a lien for labor, services, equipment, and/or materials under California Civil Code Section 8416 et seq., upon the premises hereinafter described, and upon every estate or interest in such structures, improvements and premises held by any party holding any estate therein. The labor, services, equipment, and/or materials, were furnished for the construction of those buildings, improvements, or structures, now upon that certain parcel of land situated in the County of Santa Clara, State of California, said land described as follows: 821 San Antonio Road, Palo Alto, CA. The sum of $25,806.28 together with interest thereon at the rate of 0.00 percent per annum from April 5, 2021, is due claimant (after deducting all just credits and offsets) for the following work and/or material furnished by claimant: Tenant Improvement. Claimant furnished the work and/or materials at the request of, or under contract with: Greenspoke, Inc., Attn: Justin Bujan, 5348 Vegas Drive, Las Vegas, NV 89108. The owner(s) or reputed owner(s) of the property are: Your, LLC, 2200 Geng Road, #100, Palo Alto, CA 94303 (owner), Kitty Hawk Corporation, 821 San Antonio Road, Palo Alto, CA 94303 (lessee). Firm Name: Metcon Ti, Inc. By: Li LY Wo KiVonne Nash / Authorized Agent VERIFICATION |, the undersigned, say: | am the Authorized Agent of the claimant of the foregoing mechanics lien: | have read said claim of mechanics lien and know the contents thereof. the same is true of my own knowledge. | declare under penalty of perjury that the foregoing is true and correct. Executed on April 5, 2021, at San Diego, California. Firm Name: Metcon Ti, inc. KiVonne Nash / Authorized Agent Construction Notice Services, Inc. (74104)DOC #24907308 Page 2 of 2 PROOF OF SERVICE AFFIDAVIT DECLARATION OF SERVICE BY MAIL California Civil Code Section 8416 (a)(7) & (c)(1) |, KiVonne Nash, as Lien Preparer, declare that we, Construction Notice Services, Inc., served copies of this Mechanics Lien and Notice of Mechanics Lien on 821 San Antonio Road, Palo Alto, CA by first class certified mail, postage prepaid, on April 5, 2021, at the San Diego/Mira Mesa California Post Office. Copies of this Mechanics Lien and Notice of Mechanics Lien were mailed to the Property Owner(s) or Reputed Owner(s), Your, LLC, 2200 Geng Road, #100, Palo Alto, CA 94303. | declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 5, 2021, at San Diego, California. Firm Name: Metcon Ti, Inc. LAGS KiVonne Nash / Authorized Agent (74104) NOTICE OF MECHANICS LIEN ATTENTION! Upon the recording of the enclosed MECHANICS LIEN with the county recorder's office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. The legal action must be filed with the court no later than 90 days after the date the mechanic's lien is recorded. The party identified in the mechanics lien may have provided labor or materials for improvements to your property and may not have been paid for these items. You are receiving this notice because it is a required step in filing a mechanics lien foreclosure action against your property. The foreclosure action will seek a sale of your property in order to pay for unpaid labor, materials, or improvements provided to your property. This may affect your ability to borrow against, refinance, or sell the property until the mechanics lien is released, BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MORE INFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS' STATE LICENSE BOARD WEB SITE AT www.csib.ca.gov.CONSTRUCTION NOTICE SERVICES, INC. March 31, 2021 Collection Notice Department TEL: 800-366-5660 FAX: 858-693-0276 www.cnslien.com CONFIRMATION OF DOCUMENT REQUEST Company Name: Attention: Fax: Log# 212 METCON TI INC JULIE 925/846-4301 Document Type: MECHANICS LIEN Your Customer: GREENSPOKE INC, JUIAN BUJAN Jobsite: 1201 SAN ANTONIO RD, MOUNTAIN VIEW, CA Balance Due: $100,326.51 + CNS FEES SAN Araneae rae ee ™ Complete items, 1, 2, and 3. Also complete item 4 if Restricted Dellvery is desired. ® Print your name and address on the reverse so that you can return the card to you. ™ Attach this card to the back of the mailpiece, or on the front If space permits. ived by (Please Print Clearly)| B. a, of Delivery ent to the county recorder of the c. -F-DAIAL C. Signet Bhagent x LE _aadressoe yn a "RUSH" basis, there will be jarge. Please call and ask for the 1. Article Addressed to: | Greenspoke, Inc. Attn: Justin Bujan 5348 Vegas Drive | ‘Las Vegas, NV 89108 D. Is delivery address different from item 17 Ces IFYES, enter dellvery address below; + C1No 8. Service Type A Certiied Malt Express Mall D)Registered C1 Return Recelpt for Merchandlso Cinsured Mail 01.0.0. ‘would like to request "RUSH iellations ng. tions strategy. 4, Restricted Delivery? (Extra Fee) Oves 2. Article Number (Copy fram sarvina label) 7020 Ob4YO 0002 27h? 1558 | PS Form 3811, July 1999 1 1 Domestic Return Receipt,CONSTRUCTION TEL: 800-366-5660 NOTICE SERVICES, INC. FAX: 858-693-0276 March 31, 2021 www.cnslien.com Collection Notice Department CONFIRMATION OF DOCUMENT REQUEST Company Name: METCON TI INC Attention: JULIE Fax: 925/846-4301 Log# 211 Document Type: MECHANICS LIEN Your Customer: JUSTIN BUJAN — GREENSPOKE INC Jobsite: 821 SAN ANTONIO RD, PALO ALTO, CA Balance Due: $25,316.28 + CNS FEES The above referenced document is scheduled to be processed and sent to the county recorder of the jobsite location within 7 working days. If you request that it be done on a "RUSH" basis, there will be an additional $100.00 charge plus a courier service and applicable charge. Please call and ask for the Lien Department if you have any questions regarding this process or would like to request "RUSH and Courier" services. Please note: a charge is assessed for cancellations after the request has begun processing. Thank you for choosing us to be part of your collections strategy.Si aes Chet t) LENT SONS tot [os praia _—_—_—.. #98 B« Kitty Hawk Corporation ~~ — ™ lega1 San Antonio Road eeREETEEE Palo Alto, CA 94303 peppered ?oe0 Ob40 0002 2767 1572 URSA CST aT} Greenspoke, Inc. Attn: Justin Bujan 5348 Vegas Drive 7020 8640 Oo02 2a7b? 9558 Las Vegas, NV 9108 jeanne 7020 Ob4O0 OO02 27h? 95bS 6 960 ASE eR ESi-fa plore (oj Aa) SUE L310} 31] aeUSPS.com® - USPS Tracking® Results 6/29/21, 4:09 PM FAQs > USPS Tracking” Track Another Package + Get the free Informed Delivery® feature to receive automated notifications on your packages Learn More (https://reg.usps.com/xsell? app-U: psTools&ref-homepageBanner&appURL=hitps%3A%2F%2Finformeddelivery.usps.com/box/pages/intro/st Tracking Number: 70200640000227679572 Removals Your item was delivered to an individual at the address at 10:18 am on April 14, 2021 in PALO ALTO, CA 94303. & Delivered, Left with Individual z April 14, 2021 at 10:18 am Ss PALO ALTO, CA 94303 g Get Updates \v Text & Email Updates v Tracking History Y Product Information ~~ See Less \ Can’t find what you’re looking for? 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FAQs https://tools.usps.com/go/TrackConfirmAction?atc_tLabels1=70200640000227679572 Page 2 of 2USPS.com® - USPS Tracking® Results 6/29/21, 4:10 PM USPS Tracking’ rae > Track Another Package + Get the free Informed Delivery® feature to receive automated notifications on your packages Learn More (https://reg.usps.com/xsell? app=U: ps Tools&ref=homepageBanner&appURL=https%3A%2F %2F informeddelivery.usps.com/box/pages/intro/st Remove X Tracking Number: 70200640000227679572 Your item was delivered to an individual at the address at 10:18 am on April 14, 2021 in PALO ALTO, CA 94303. @& Delivered, Left with Individual April 14, 2021 at 10:18 am PALO ALTO, CA 94303 Get Updates v Text & Email Updates Tracking History April 14, 2021, 10:18 am Delivered, Left with Individual PALO ALTO, CA 94303 Your item was delivered to an individual at the address at 10:18 am on April 14, 2021 in PALO ALTO, CA 94303. April 12, 2021, 10:59 am Delivery Attempted - No Access to Delivery Location PALO ALTO, CA 94303 https://tools. usps.com/go/TrackConfirmAction?qtc_tLabels1=70200640000227679572 Page 1 of 3USPS.com® ~ USPS Tracking® Results April 8, 2021, 9:44 am Delivery Attempted - No Access to Delivery Location PALO ALTO, CA 94303 April 8, 2021, 7:50 am Out for Delivery PALO ALTO, CA 94303 April 8, 2021, 7:39 am Arrived at Post Office PALO ALTO, CA 94303 April 7, 2021, 9:22 am Arrived at USPS Regional Facility SAN FRANCISCO CA DISTRIBUTION CENTER April 6, 2021 In Transit to Next Facility April 5, 2021, 8:26 pm Arrived at USPS Regional Facility SAN DIEGO CA DISTRIBUTION CENTER 6/29/21, 4:10 PM Product Information Postal Product: Features: Certified Mail™ See Less A Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70200640000227679572 yoeqpees Page 2 0f 3USPS.com® - USPS Tracking® Results 6/29/21, 4:10 PM FAQs https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70200640000227679572 Page 3 of 3USPS.com® - USPS Tracking® Results 6/29/21, 4:12 PM USPS Tracking’ oe? Track Another Package + Get the free Informed Delivery® feature to receive automated notifications on your packages Learn (https://reg.usps.com/xsell? ‘@pp=U: psTools&ref=homepageBanner&appURL=https%SA%2F%2Finformeddelivery.usps.com/box/pages/intro/st Remove Tracking Number: 70200640000227679565 Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. In Transit to Next Facility April 23, 2021 Get Updates \y Text & Email Updates Vv Tracking History w~N April 23, 2021 In Transit to Next Facility Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. April 19, 2021, 10:46 am Departed USPS Regional Facility SAN DIEGO CA DISTRIBUTION CENTER April 19, 2021, 12:03 am https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70200640000227679565 Page 1 of 3USPS.com® - USPS Tracking® Results 6/29/21, 4:12 PM FAQs https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70200640000227679565 Page 3 of 3USPS.com® - USPS Tracking® Results 6/29/21, 4:14 PM USPS Tracking’ Fags > Track Another Package + Get the free Informed Delivery® feature to receive automated notifications on your packages Esam|Mcts (https://reg.usps.com/xsell? ‘app=U: psTools&refshomepageBanner&appURL =https%3A%2F%2Finformeddelivery.usps.com/box/pages/intro/st Tracking Number: 70200640000227679558 Remove X Your item was delivered to an individual at the address at 12:10 pm on April 8, 2021 in LAS VEGAS, NV 89108. & Delivered, Left with Individual April 8, 2021 at 12:10 pm LAS VEGAS, NV 89108 yoeqpee4 Get Updates \ Text & Email Updates Vv Tracking History Vv Product Information Vv See Less ~ Can’t find what you’re looking for? https://tools.usps.com/go/TrackConfirmAction?qte_tLabels1=70200640000227679558 Page 1 of 2USPS.com® - USPS Tracking® Results 6/29/21, 4:14 PM USPS Tracking’ “=P Track Another Package + Get the free Informed Delivery® feature to receive automated notifications on your packages nn (https://reg.usps.com/xsell? ‘app=U: ps Tools&ref=homepageBanner&appURL=https%43A%2F%2F informeddelivery.usps.com/box/pages/intro/st Remove X Tracking Number: 70200640000227679558 Your item was delivered to an individual at the address at 12:10 pm on April 8, 2021 in LAS VEGAS, NV 89108. @ Delivered, Left with Individual April 8, 2021 at 12:10 pm LAS VEGAS, NV 89108 Get Updates Text & Email Updates Vv Tracking History April 8, 2021, 12:10 pm Delivered, Left with Individual LAS VEGAS, NV 89108 Your item was delivered to an individual at the address at 12:10 pm on April 8, 2021 in LAS VEGAS, NV 89108. April 7, 2021, 7:59 am Departed USPS Regional Facility LAS VEGAS NV DISTRIBUTION CENTER https://tools.usps.com/go/TrackConfirmAction?atc_tLabels1=70200640000227679558 Page 1 of 2USPS.com® - USPS Tracking® Results 6/29/21, 4:14 PM April 6, 2021, 1:57 pm Arrived at USPS Regional Facility LAS VEGAS NV DISTRIBUTION CENTER April 5, 2021, 8:26 pm Arrived at USPS Regional Facility SAN DIEGO CA DISTRIBUTION CENTER Product Information “ a oO & oT 2 Postal Product: Features: Certified Mail™ See Less A Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70200640000227679558 Page 2 of 2