Complaint,Petition: Lee VS Barbier

On October 27, 2020 a Complaint,Petition was filed involving a dispute between John H Lee, Lee, John H, and Barbier, Janelle, Janelle Barbier, for Unlimited Civil in the District Court of Alameda County.

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Daniel Bornstein (SBN 169159) ALA mene ED
BORNSTEIN LAW “A COuNTy
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507 Polk Street, Suite 310 | OCT 2 7 2999
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San Francisco, CA 94102-3396 “LERK ag-
Telephone: (415) 409-7611 ~ 4 THE SypERIg
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Facsimile: (415) 463-2349 ad COur-
Email: daniel@bornstein.law FBO ge:
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Attorneys for Plaintiff
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John H. Lee
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF ALAMEDA
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UNLIMITED JURISDICTION
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John H. Lee, Case No. R & 200 79 3 93
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Plaintiff, COMPLAINT FOR DAMAGES
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Janelle Barbier, and DOES 1 to 10, inclusive,
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Defendants.
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Comes now Plaintiff John H. Lee and alleges as follows:
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I. Plaintiff John H. Lee (hereafter “Plaintiff”) is an individual over the age of 18
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years. Plaintiff is an owner of the property at issue, which is the subject of the parties’ contract,
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1204 66" Street, Oakland, CA, 94608 (hereafter the “Rental Unit’). The Rental Unit is the
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property at issue here.
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2. Plaintiffis informed and believes and thereon alleges that Defendant Janelle
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Barbier (hereafter ‘“‘Defendant’) is an individual over the age of 18 years.
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3. Defendants Does | to 10, inclusive, are sued herein under fictitious names as their
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true names and capacities are not fully known to Plaintiff. When the true names and capacities
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Defendants Does 1 through 10, inclusive, are ascertained, Plaintiff will amend this Complaint by
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inserting the true names and capacities herein. Plaintiff is informed and believes, and on such basis
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- 28 alleges, that each of the fictitiously named Defendants is responsible in some manner for the
BORNSTEIN LAW
S07 Pork Srmsat, Suita 10
San Paanciwe,
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COMPLAINT FOR DAMAGES
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occurrences alleged herein and liable to Plaintiff for the damages alleged herein, and that

Plaintiff's damages as alleged herein were proximately caused by each of the fictitiously named
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4, At all times material herein, the Defendants, and each of them, were the partners,
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| agents, principals, employees, alter egos, controlling persons, co-conspirators, and/or obligees of
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each of the other Defendants, and in committing the conduct set forth herein below, were acting
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within the scope of their authority as partners, ostensible partners, joint venturers, agents,

principals, employees, alter egos, controlling persons, co-conspirators, and/or obliges with the

permission, knowledge, and consent of their fellow Defendants.

10 5. Venue is proper in this Court as the contract at issue herein was entered into in the

it City of Oakland and County of Alameda, and the real property at which said contract was to be
12 performed is located in the City of Oakland and County of Alameda. Damages as alleged herein

13. meet or exceed the jurisdictional requirements of this Court.

14 6. This matter began in July 2016, when Plaintiff leased the Rental Unit to Defendant,

15 by written agreement (hereinafter the “Lease”) for a one-year term, commencing July 15, 2016

16 and ending July 14, 2017, and pursuant to addenda thereafter. A true and correct copy of the Lease

17 and subsequent addenda are attached hereto as Exhibit “1,” and incorporated by this reference.

18 7. Pursuant to the parties’ Lease, Defendant was and is responsible for any amount(s)

19 -of rent for the Rental. Unit.

20 8. Plaintiff alleges that Defendant failed and refused and continues to fail and refuse

21 to pay the rent due and owing monthly for the duration of their occupancy. Monthly rent for the

22 subject premises is $3850.00 Defendant failed to pay the monthly rent for the Property for the

23 months of April 2020 through October 2020 and continues to accumulate, Defendant remains in

24 occupancy.

25 FIRST CAUSE OF ACTION

26| (Breach of Contract against all Defendants) _

27 9. Plaintiff realleges paragraphs | through 8 as if fully set forth.

28 || 10. Defendant breached its obligations under the Lease and addendum by failing to pay
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San Francisco, Ca 94102
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the amount of monthly rent for the Rental Unit. |

11. Plaintiff performed all of her obligations under the Lease, save and except for those
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-obligations it was prevented from performing by acts of Defendant. |
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12. Asa proximate result of the failure by Defendant and Defendants Does | to 10 to
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perform their legal obligations under the Lease, Plaintiff has been damaged in an amount not yet
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fully ascertained, and for which judgment is sought according to proof at trial.
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SECOND CAUSE OF ACTION
(Breach of Covenant of Good Faith and Fair Dealing Against all Defendants)
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10 13. Plaintiff realleges and incorporates paragraphs 1 through 12 at this point.
il 14. Plaintiff and Defendant entered into a contract memorialized in the Lease.
12 15. Into every contract in California the covenant of good faith and fair dealing is
13 imphed. This covenant imposes on the parties to the contract the duty t do everything that the
14 contract presupposes that each party will do to accomplish the contract's purpose.
15. 16. | Defendant breached her duties under the covenant of good faith and fair dealing in
16 at least the following ways: ceasing to pay monthly rent beginning April 2020 and continuing
17 through even date. . |
18° 17. As aresult of Defendant’s breach of their duties under the covenant of good faith
19 and fair dealing as alleged herein, Plaintiff have been damaged in an amgunt according to proof at

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20 trial, but exceeding the jurisdictional limit of this court. |
21 WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
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23

24
PRAYER FOR RELIEF:
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1, For monetary damages for breach of the contract against all Defendants, including
25 lawful interest, in an amount to be ascertained at trial;
26 |} 2. For general and compensatory damages against all in an amount to be ascertained
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27 at trial; |

28 3. For attorneys’ fees and costs as provided by the parties’ contract or law; and
BORNSTEIN LAW \
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, 2020
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By:
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Attorney
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BORNSTEIN LAW
M7 Pot. Sager, Serta 10
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4 CALIFORNIA RESIDENTIAL LEASE OR
GiSe, NS ASSOCIATION
OF REALTORS®
— MONTH-TO-MONTH RENTAL
;
AGREEMENT
e” (C.A.R. Form LR, Revised 10/01)
Lestie Sun _, John Lee ("Landlord") and
Janelle Barbier _ Nicolette Barblér Barbosa & Nataile-Barbler Barbosa ("Tenant") agree as follows:
4. PROPERTY:
A. Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: tut.
1204 66th Street, Oakland, CA 94608 _(‘Premises").
8. The following personal property is included: _ .
2. TERM: The term bagins on (date) 7/15/2016 (’Commancernient Date’), (Check A or B):
(CJ A. Montti-to-month: and-continues-as a monti-to-month tenancy, Either party: may terminate the tenancy by giving written notice to the other at
feast 30 days prior to the intended temiination date, subject to-any applicable-tocal laws. Such riolice may be-given on any date.
B. Lease: dnd shall terminate-on (date) 7/14/2017 at: Clam (] Pa.
Any holding over after the term of this Agreement expires, with Landlord's consent, shall create a month-to-month tenancy which elther party
may terminate as specified in paragraph 2A. Rent shall be at a rate equal to the rent for the immediately preceding month, unless otherwise
notified by Landlord, payable in advance. All other terms and conditions of this Agreement shalt remain in full force and effect.
3. RENT:
A. Tenant agrees to pay rent at the rate of $_3575 per month for the term of the Agreement.
B. Rent is payable In advance on the ist (or CJ .) day of each calendar month, and is delinquent on the next day.
c. If Commencement Date falls on any day other than the first day of the month, rent shall be prorated based on a 30-day period. if Tenant has paid
one full month's rant in advance of Commencement Date, rent for the second calendar month shall be prorated based on a 30-day period.
D. PAYMENT: The rent shall be paid by (_) cash,
{f} personal chack,(_] money order, ["] cashier check, [7] other to
(name) : (phone) at
(address) 640 Turnbuckie Dr. #1618, Redwood City, CA 94063 ;
{or at any other focation specified by Landlord in writing to Tenant) between the hours of and
on the following days
4. SECURITY DEPOSIT: ,
A, Tenant.agreesto: pay $3575. _ a8 a Security deposit. Security deposit will be.}transferred to and held by the Owner
ofthe Premises; or held In Owndr's Broker's trust account.
B. All or any portion of the security deposit may be used, as reasonab'y necessary, to: (1) cure Tenant's default In payment of rent, Late Charges,
non-sufficlent funds ("NSF") fees, or other sums due; (2) repair darmmage, excluding ordinary wear and lear, caused by Tenant or by a guest or
licensee of Tenant; (3) clean Premises, if necessary, upon termination of tenancy; and (4) replace or return personal property or appurtenances.
SECURITY DEPOSIT SHALL NOT BE USEO BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the
security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within five days after written notice Is delivered to
Tenant. Within three weeks after Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itamized statement indicating the amount of
any security deposit received and the basis for its disposition; and (2) return any remaining portion of security deposit to Tenant.
C, No interest will be paid on security deposit unless required by local ordinance.
D. if security deposit ia hald by Owner, Tenant agrees not to hold Broker responsible for its retum. if security deposit is held in Owner's Broker's trust
account, and Broker's authority is terminated before expiration of this Agreement, and security deposits are released to someone other than
Tenant, then Broker shall notify Tenant, in writing, where and to whom security deposit has been released. Once Tenant has been provided such
notica, Tenant agr to hold Broker responsible for security deposit.
5. MOVE-IN :
Total Due Received Balance Date Due
Rent
to 1960 V/itofiw THANG
5 6/17/16
Other

Total
‘The maximum amount that Landlord may receive as security deposit, however designated, cannot exceed two month's rent for an unfurnished
Premises, or three month's rent for a furnished premises.
6. PARKING: (Check A or B)
A. Parking Is permitted as follows: .private 1_car parking garage.
The right to parking fil:is, [7 Is not, included in the rent charged pursuant to paragraph 3. If not included in the rent, the parking rental fee
shall be an additional $ per month. Parking space(s) are to be used for parking operable motor vehicles, except for
trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) omy. Parking space(s) are to be
kept Gean. Vehicles leaking oil, gas or other motor vehicie fluids shall not be parked on the Premises. Mechanical work or storage of
inoperable vehicles‘is not allowed in parking space(s) or elsewhere 0: the Premises.
ORC) B. Parking isnot, permitted on the Premises.
The copyright laws of the United States (Title 17 U.S. Code) forbid the Landiord and Tenant acknowledge regent of sapy of this page
unauthorized reproduction of this form, or any portion theraof, by photocopy Landlord’s Initials (. ete ft C
machine or any other means. including facsimiia or computerized formats. .
Copyright © 1984-2001, CALIFORNIA ASSOCIATION OF REALTORS®, Tenant's Initials Y Cc )
INC. ALL RIGHTS RESERVED.
LR-11 REVISED DATE 10/01 (PAGE 1 OF 4) Reviewed by J. .
Broker or Designee Date : nd
EQUAL HOUSTHG
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR-11 PAGE 1 OF 4) OPRERTURITY
CENTURY 21 Alpha 5504 Monterey Road , San Jose CA 95138
Phone: 408-281-2121 Fax: 408.362.9686 Wing Liew TE67SN924.2.EX

Cyinibid Te
Premises: 1 1204 66th Street, Oakland, CA 94608 Date: 6/47/16
7. STORAGE: (Check A or B)
{J A. Storage is permitted as follows:
The right to storage space (lis, C] is not, included in the rent charged pursuant to paragraph 3. If not included in rent, storage space
shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not
store property that is clalmed by another or in which another has any right, title, or interest. Tenant shall not store any improperly packaged
food or perishable goods, flammable materials, explosives, or other inherently dangerous material.
ORE] 8. Storage is not permitied on the Premises.
8. LATE CHARGE/NSF CHECKS: Tenant acknowledges thal either late payment of rent or issuance of a NSF check may cause Landlord to incur costs
and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to,
processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of rent due from
Tenant is not received by Landlord within§{or(] = calendar days after date due, or if a check is retumed NSF, Tenant shail pay to
Landlord, respectively, an additional sum of $178. 75(or5%)
75 $%) as Late Charge and $25.00 as a NSF fee, either or both of which shali be deemed
additional rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of
Tenant's late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of rent. Landiord’s acceptance of any Late
Charge or NSF fee shail not constitute a walver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed
an extension of the date rent is dus under paragraph 3, or prevent Landiord from exercising any other rights and remedies under this Agreement, and
as provided by law.
9. CONDITION OF PREMISES: Tenant has examined Premises, alt furniture, fumishings, appliances, landscaping, if any, and fixtures, including smoke
detector(s).
{Check one:)
(.) A. Tenant acknowledges that these items are clean and in operative condition, with the following exceptions

ORC) 8. Tenant's acknowedgment of the condition of these items is contained In an attached statement of condition (such as C.A.R.'s MIMO-11).
OR() C. Tenant will provide Landlord a list of items that are damaged or not in operable candition within 3 (or (7). ) days after
Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the Premises.
ORC] D. Other:
40. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, Including schools, proximity and
adequacy of law enforcement, crime statistics, registered felons or offenders, fire protection, other governmental services, proximity to commercial,
industria} or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport
noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, facilities and condition of common
- areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.
414, UTILITIES: Tenant agrees to pay for all utilities and services, and the following charges:
except -darbage/recycling _. , Which shall be paid for by Landlord. If any utilities
are not separately metered, Tenant shall pay Tenant's proportional share, as reasonably determined by Landlord.
12. OCCUPANTS: The Premises are for the sole use as a personal residence by the following named persons only:

13. PETS: No animal or pet shall be kept on or about the Pramises without Landlord's prior written consent, except

14, RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord, which are at any time posted on the Premises or
delivered to Tenant. Tenant shail not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger, or interfere with other
tenants of the building or neighbors, or use the Premises for any untawlul purposes, including, but not limited to, using, manufacturing, selling, storing,
or transporting illicit drugs or other contraband, or violata any law or ordinance, or commit a waste or nuisance on or about the Premises.
15. CONDOMINIUM/PLANNED UNIT DEVELOPMENT: [@]. (if checked) The Premises is a unit in a condominium, planned unit, or other development
governed by a homeowners’ association ("HOA’). The 1name of the HOA is .City Limits. OQwners-Association.
Tenant agrees to comply with all covenants, conditions and restrictions, bylaws, rules and regulations and decisions of HOA. Landlord shail provide
Tenant copies of rules and regulations, if any. Tenant shall reimburse Landlord for any fines or charges Imposed by HOA or other authorities, due to
any violation by Tenant, or the guests or licensees of Tenant.
46. MAINTENANCE:
A. Tenant shall properly use, operate and safeguard Premises, Including if applicable, any landscaping, fumiiture, furnishings, and appliances, and
all mechanical, electrical, gas and plumbing fixtures, and keep them dean and sanitary. Tenant shall immediately notify Landlord, in writing, of
any problem, malfunction or damage. Tenant shall pay for all repairs or replacements caused by Tenant, or guests of Tenant, excluding ordinary
wear and tear. Tenant shall pay for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall pay for repair
of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
B. Ams Landlord Tenant shall water the garden, landscaping, trees and shrubs, except

C. (J Landlord (1) Tenant shall maintain the garden, landscaping, trees and shrubs, except
17. ALTERATIONS: Tenant shail not make any alterations in or about the Premises without Landlord's prior written consent, Including: painting,
wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices,
large nails or adhesive materiats.
18, KEYS/LOCKS:
A. Tenant acknowledges receipt of (or Tenant will receive (] prior to the Commencement Date, or [] }.
O02. key(s) to Premises, ___
C1 remote contra! davice(s) for garage door/gate openers),
[2 key(s) to mailbox, ,
oO key(s) to common area(s), oO .
B. Tenant acknowledges that locks to the Premises [[] have, [_) have not, been rekayed.
GC. if Tenant rekeys existing locks or opening devices, Tenant shall immediately deliver copies of all kays to Landlord. Tenant shail pay all costs and
charges related to loss of any keys or opening devices. Tenant may not emove tocks, even if inatallead by Tenant:
The copyright laws of the United States (Tile 17 U.S. Code) fornid the Landlord and Tenant acknowlgdge-ceceipt p fact this page.
unauthorized reproduction. of this form, oF any portion thereat, by. photocopy Landlord's initials (. “| :
maching.or any othar fatizdd formats.. ' se . :
Copyright © 1904-2001, CALIFORNIA ASSOCIATION OF REALTORSO, Tenant's Initials (_¢ Cd in,
ING. ALL RIGHTS RESERVED. Reviewed by V t) Lomed
LA-11 KEVISED DATE 10/01 (PAGE 2 of 4} Broker or Deaignse x Date sean nari
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR-11. PAGE 2 OF 4) 16750924,2FX
Premises: 2.1204 66th Street, Oakland, CA 94608 Gate: 6/17/16

19. ENTRY: Tenant shall make Premises available to Landiordor representative for the purpose-of entering to make necessary or agreed repairs,
decoralions, alterations, or Improvements, or to supply necessary or agread services, or to show Premisas.to prospective or actual purchasers,
tenants, morigagaes, tenders.. appraisers, or coniractors. Landlord and Tenant agree that twenty-four (24) hours notice (oral or written) shall be
reasonable and sufficiant notice. in an emergency, Landlard-or rapresentative may ener Premises al. any time without prior notice.
20. SIGNS: Tenant autharizes Landlord-to place For Sale/Lease signs on the Premises.
21. ASSIGNMENT/SUBLETTING: Tenant shall not sublet all or-any part of Premises, or assign or transfer this Agreement or. any interest in it, without
prior written consent of Landlord, Unless such consent is-abtained. any assignment, transfer or subletiing of Premises or this Agreement ar lenancy,
by ‘voluntary act of Tenant, operation. of taw, or otherwise, shail be null and void, and atthe option of Landlord, terminate this Agreement. Any
proposed assignee, transferee.or sublassee shall submit to-Landiord an application arid credit information for Landlord's approval, and if approved,
sign a sepafate written agreement with Landlord and Tenant. Landlord's consent lo any one assignment, transfer. or sublease, shall not be construed
as consent to any subsequent assignment; transfer or sublease and does not release Tenant of Tenant's: ‘obligation under this Agreement,
22. (]. LEAD PAINT (CHECK (F APPLICABLE): Pramises was constnicied. prior to-1978. in accordance with federal law, Landiord gives ‘and Tenant
acknowledges receipt of the-disclosures-on the-aitached-form (guch as C.A.R. Forin.FLD-11) and a-federally approved lead pamphiet.
23. POSSESSION: if Landlord is unable to deliver possession of Premises on Commencament Data, such Date. shall be. extended to dale on which
possession is made available to Tenant. If Landlord is unable to deliver possession within 5 for: . } calendar days. after agreed
Commencement Date, Tenant may terminate this Agreément by giving written notice to Landiard, and shall be refunded afi rent and. security deposit
patd.
24. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon {termination of Agreement, Tenant shall: (a) give Landiord alt copies of all keys or
opening devices to Premises, including any common areas; (b) vacate Premises and surrender it to Landlord emoty of all persons; (c) vacate any/all
parking and/or storage space; (d) deliver Premises to Landlord in the same condition as referenced in paragraph 9; (e) clean Premises, including
professional cleaning of carpet end drapes; (1). give written notice to Landlord of Tenant's forwarding address; and (g) written notice must be’
received.& minimum.of 30 days prior te move out date (h) penalty of 1 month's rent to break lease
Ai) improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination.
25. BREACH OF CONTRACTIEARLY TERMINATION: In addition to any obligations established by paragraph 24, In event of-termination by Tenant prior
to completion of the original term of Agreement, Tenant shall also be responsible for lest rent, rental commissions, adverlising expenses and painting
costs necessary to ready Premises for rerental.
26. TEMPORARY RELOCATION: Tenant agrees, upon demarid of Landlord, to temporarily. vacate Promises ‘for a reasonable period, to allow for
furnigation, of other methods, to contral wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with sti
instructions and requiremants- necessary lo prepare Premises to accommodate pest. control, lurhigation or other ‘wo%k, including: bagging or storage of
food and medicine, and removal of perishables.and valuables, Tenant shall only be entitled to a: credit-of rent equal‘to the per diem rent for the period
of time Tenant is-required to vacate Pramisds.
27. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by five, earthquake, accident or other
casually, which render Premises uninhabitable, either Landlord or Tenant may terminate Agreement by giving the othar written notice. Rent shall be
abated as of date of damage. The abated amount shall be the current monthly rent prorated on a 30-day basis. If Agreement is nol terminated,
Landlord shall promptly repair the damage, and rent shail be reduced based on the extent to which the damage interferes with Tenant's reasonable
use of Premises. if damage occurs as a result of an act of Tenant or Tenant's guests, onty Landlord shall have the right of termination, and no
reduction in rent shall be made.
28. INSURANCE: Tenant's or guest's personal properly and vehicles are not insured by Landlord or, if applicable, HOA, agalnst loss or damage due to
fire, theft, vandailem, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to cary T2nant's own insurance (renter's
insurance) to protect Tenant from any such loss.
29. WATERBEDS: Tenant shall nat use or have waterbeds on the Premises unless: (a) Tenant obtains a valid waterbed Insurance policy; (b) Tenant
increases the security deposit in an amount equal to one-half of one month's rent; and (c} the bed conforms to the floor load capacity of Premises.
30. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
31, NOTICE: Notices may-be served at the following address, or at any other location subsequently designated:
Landlord: Leslie Sun & John Lee Tenant:
640 Turnbuckle -Dr., #1618
Redwood City, GA 94063.
32. TENANT ESTOPPEL CERTIFICATE: Tenant shal! execute and retum a tenant estoppel certificate delivered to Tenant by Landiord or Landlord's
agent within 3 days after its receipt. The tenant estoppel certificate acknowledges that this Agreement is unmodified and in full force, or in full force as
modified, and states the modifications. Failure to comply with this requirement shall be deemed Tenant's acknowledgment that the tenant estoppel
cartificate Is true and correct, and may be relied upon by a lender of purchaser.
33. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be Individually and completely responsible for the
performance of alt obligations of Tenant under this Agreement, jointly with every other Tenant, and individually, whether or not in possession,
34.) MILITARY ORDINANCE DISCLOSURE: (If applicable and known to Landlord) Premises is located within ona mile of an area once used for
military training, and may contaln potentially explosive munitions.
35. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's rental application sre accurate. Tenant authorizes Landlord
and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or
enforcement of this Agreement. Landiord may cancel this Agreement: (a) before occupancy begins; (b) upon disapproval of the credit report(s), or (c)
at any time, upon discovering that information In Tenant's application is false. A negative credit report reflecting on Tenant's record may be submilted
to a credit reporting agency if Tenant faila to fulfill the terms of payment and other obligations under this Agreement.
36. If Landlord has entered inta a contract for periodic pest control treatment of the Premiges, Landlord shall give tenant a copy of the notice originally
given to Landlord by the pest control company.
Landlord and Tenant.dcknowledge eit of copy.of his, page.
The copyright lawa of the United States (Tile 47 U.S. Cede) forbid the Landlord's Initials 1e Pye ‘ae
unauthorized reproduction of this-form, or any portion thersol, by photocopy °
machine or any other moans, incudi of comp d formats. Tenant's Initlals ( ( 5
Copyright © 1904-2001, CALIFORNIA ASSOCIATION OF REALTORS®,
INC. ALL RIGHTS RESERVED. Reviewed by U7
LR-14 REVISED DATE 10/01 (PAGE 3 OF 4} Broker of Designae Date a NG
arpourusaty
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR.44 PAGE 3 OF 4) TOISOOLA ZEX
ane Ny

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Premises: 2 1204 66th St, Oakland, CA 94608. Date: 6/17/16
37, DATA BASE DISCLOSURE: NOTICE: The Cailfomla Department of Justice, sheriffs depariments, police departments ‘serving jurisdictions of
200,000: or more, and many.other local faw:enforcement- authorities maintain for public access a data-base of the- locations: of persons required lo
register pursuant to paragraph (1) of subdivision (a) of Section 290.4 dfthe Penal Code. The- data base fs updated.on a quarterly basis and a source
of Information absut-the preseica of these individuals in.any neighborhood. The Department of Justice:also maintains a Sex Offender Identification.
Line through which ‘inquires abaut individuals may -be: made, This is a "S00" telephone senice. Callers must. have specific Information abotil
individuals they are ‘checking. Information regarding neighborhoods is not available:through the."900" telephone service.
38. OTHER TERMS AND CONDITIONS/SUPPLEMENTS: .2)$275 non-refundable claaning fee will be taken from security deposit when tenant
moves gut_b) monthly.rent must always b@ paid in full (no partial payments accepted)

The following ATTACHED supplements are incorporated in this Agreement:

39. ATTORNEY FEES: In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall be entitled to
reasonable attomey fees and costs.
40. ENTIRE CONTRACT: Tirne is of the essence. All prior agreements between Landlord and Tenant are incorporated in this Agreement, which
constitutes the entire contract. It is intended as a final expression of the parties’ agreement, and may not be contradicted by evidence of any prior
agreement or contemporaneous oral agreement. The pariies further intend that this Agreement constitules the complete and exclusive statement of its
terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, Involving this Agreement. Any
provision of this Agreement that is held to be invalid shall not affect the validily or enforceability of any other provision in this Agreement.
41, AGENCY:
A. Confirmation: The following agency relationship(s) are hereby confirmed for this transaction:
Listing Agent: (Print firm name) Is the agent of
{check one): (J the Landlord exclusively; or (() both the Landtord and Tenant.
Leasing Agent: (Print finn namay Gfnot same as Listing Agent) is the agent of
(check one): () the Tenant exclusively; or (_] the Landlord exclusively-or ["]-both the Tenant and Landlord.
B. Disclosure: (J (if checked): The term of this lease exceeds one year. A disclosure regarding real estate agency relationships (such as
C.A.R. form-AD=11), has been provided ‘to‘Landlord and ‘Tenaiit, who each acknowledge its receipt.
42. (] INTERPRETER/TRANSLATOR: The terms of this Agresment have been interpreted/translated for Tenant info the fol

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Stephen D. Kaus Track Judge’s New Case

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October 27, 2020

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October 27, 2020

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Complaint,Petition: Lee VS Barbier

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