Motion for Writ of Execution, Possession or Sale in LOUIS PAYCHECK vs. PUNIT K. SARNA, et al| Trellis.Law

On May 10, 2019 a Request,Application was filed involving a dispute between Paycheck, Louis, Sarna, Punit K., and Does 1-30, Inclusive, Sarna, Puja, Sarna, Punit K., for (06) Unlimited Breach of Contract/Warranty in the District Court of San Mateo County.

Preview
MATTHEW A. HAULK (SBN: 272457)
RAGGHIANTI FREITAS LLP
1101 Fifth Avenue, Suite 100 Electronically
San Rafael, California 94901
Telephone: (415) 453-9433 by Superior Court of California, County of San Mateo.
Facsimile: (415) 453-8269 ON 9/18/2020
By. /s/ Una Finau
Attorneys for Defendants Deputy Clerk
PUNIT K. SARNA and
PUJA SARNA

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO

10 LOUIS PAYCHECK, CASE NO.; 19CIV02595

41 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF APPLICATION FOR PRE-
12
vs. JUDGMENT WRIT OF ATTACHMENT
13
PUNIT K. SARNA, et al., DATE: November 10, 2020
14 TIME: 1:30 p.m.
Defendants. DEPT.: 4, Courtroom 8B
16 JUDGE: Honorable Nancy L. Fineman
16
Complaint Filed: May 10, 2019
7 AND RELATED CROSS-ACTION. Trial Date: TBD

18 TO: THE HONORABLE NANCY L. FINEMAN, JUDGE OF THE ABOVE-
ENTITLED COURT:
19

20 Defendant and Cross-Complainant Punit Sarna respectfully request that the Court

21
take judicial notice of the following matters:

22 RJN 1: Complaint for Damages filed by Louis Paycheck d/b/a European
Enterprises in Paycheck v. Sarma, San Mateo Superior Court, Case
23 No. 19CIV02595.

25 This Request for Judicial Notice Number 1 is made pursuant to California

26 Evidence Code section 452(d) on the ground that the above-referenced court order is a

27 “record of a court in this state” of which the court make take judicial notice.

28 Attached hereto as Exhibit 1 is a true and correct copy of the above-referenced
1

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO PREJUDGMENT WRIT OF ATTACHMENT
Complaint.

RJN 2: First Amended Cross-Complaint filed by Punit Sarna Paycheck v.
Sarna, San Mateo Superior Court, Case No. 19C1V02595.
(Everest National Insurance Company v. Louis Paycheck, San
Mateo Superior Court, Case No. CLJ535724).

This Request for Judicial Notice Number 2 is made pursuant to California

Evidence Code section 452(d) on the ground that the above-referenced court order is a
“record of a court in this state” of which the court make take judicial notice.
Attached hereto as Exhibit 2 is a true and correct copy of the above-referenced
Cross-Complaint.

10 RJN 3: Complaint filed by Everest National Insurance Company against
Louis Paycheck dba European Enterprises (Everest National
WW Insurance Company v. Louis Paycheck, San Mateo Superior Court,
Case No, CLJ535724).
12

13 This Request for Judicial Notice Number 3 is made pursuant to California

14 Evidence Code section 452(d) on the ground that the above-referenced court order is a
15 “record of a court in this state” of which the court make take judicial notice.
16 Attached hereto as Exhibit 3 is a true and correct copy of the above-referenced
17 Complaint.

18 RJN 4: Judgment Entered Against Louis Paycheck (Everest National
Insurance Company v. Louis Paycheck, San Mateo Superior Court,
19
Case No. CLJ535724).
20

24 This Request for Judicial Notice Number 4 is made pursuant to California

22 Evidence Code section 452(d) on the ground that the above-referenced court order is a

23 “record of a court in this state” of which the court make take judicial notice.

24 Ml

25 Ml
26 MI

27 Ml

28 Ml
2

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO PREJUDGMENT WRIT OF ATTACHMENT
4 Attached hereto as Exhibit 4 is a true and correct copy of the above-referenced

2 Judgment.

3 Dated: September 18, 2020 RAGGHIANTI FREITAS LLP

By:
MATTHEW A. HAULK

Attorneys for Defendants
PUNIT K. SARNA and PUJA SARNA

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO PREJUDGMENT WRIT OF ATTACHMENT
Exhibit 1
Michael B. Allen, Esq. SBN: 81550
Grant H. Baker, Esq. SBN: 237276
Assaad M. Stephan, Esq. SBN: 246183 ENDORSED FILED
MICHAEL B, ALLEN LAW GROUP, INC. SAN MATEO COUNTY
66 Bovet Road, #250
San Mateo, California 94402 MAY 10 2019
Telephone: (650) 347-5000
Facsimile: (650) 340-6350 Ogre 4 ie cules Saurt
DEPUTY CLERK
Attorney for Plaintiff
LOUIS PAYCHECK d/b/a EUROPEAN ENTERPRISES

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN MATEO
10
UNLIMITED JURISDICTION
az

12 CASE NO.:
9
19CIVOR5
LOUIS PAYCHECK d/b/a EUROPEAN
13 ENTERPRISES COMPLAINT FOR DAMAGES
14 Plaintiff,
1) Breach of Contract;
15 2) Unjust Enrichment;
3) Foreclosure on Mechanics Lien;
16 4) Violations under Prompt Payment
PUNIT K. SARNA a/k/a PETER SARNA; Statute
17 PUJA SARNA; and DOES 1-30, inclusive,

18 Defendants.

20 GENERAL ALLEGATIONS
a1
1 Plaintiff LOUIS PAYCHECK d/b/a EUROPEAN ENTERPRISES (“Plaintiff”),
22
is, and at all times relevant to this action was, an individual licensed to perform actsalleged
23
herein as a Class B General Building Contractor by the California State Contractors’ License
24
>
25 Board (License No. 763968).

26 2, Plaintiff is informed and believes and thereon alleges that defendants PUNIT K.
27
SARNA and PUJA SARNA (collectively “SARNAS”) are husband and wife. They are the
28
BH: mig a ei 4 4 atti « any h att
COMPLAINT FOR DAMAGES AnD FORECLO: SE MECHANICS aE
owners of the real property and the improvements thereon located at 721 Rollins Road in the

City of Burlingame, County of San Mateo (“Property”), Attached hereto as Exhibit A and

incorporated herein is the Property’s legal description.

3 Plaintiff is unaware of the true names, capacities or basis for liability of

defendants DOES 1 through 30, inclusive, and therefore sues said defendants by their fictitious

names. Plaintiff will amend this complaint to allege their true names, capacities, or basis for

liability when the same have been ascertained. Plaintiff is informed and believes and thereon

alleges that defendants DOES 1 through 30, inclusive, and each of them, are in some manner
10
liable to Plaintiff
11
4 At all times relevant to this action, each defendant, including those fictitiously
12
named defendants, was the agent, servant, employee, partner, joint venturer, or surety of the
13

14 other defendants and was acting within the scope of that agency, employment, partnership,

15 venture, or suretyship with the knowledge and consent or ratification of each of the other

16 defendants in doing the things alleged in this complaint.
17
5 On or about November 12, 2017, Plaintiff entered into a written contract with
18
Defendant PUNIT SARNA to remodel the Property for a price of $143,250.00 (the “Project”),
19
At the request of Defendant PUNIT SARNA, Plaintiff performed additional work on the project
20

21 for the price of $93,650.70, thereby making the total contract price $236,900.70. Of this

22 amount, the SARNAS paid as of July 14, 2018, $210,000, thereby leaving $26,900.70 due and

23 owing. At the request of Defendant PUNIT SARNA, Plaintiff performed additional work on the
24
project for a contract price of $10,625. Of this additional amount, the SARNAS have paid
25
$5,000 as of September 16, 2018, thereby leaving $5,625.00 due and owning. Attached hereto
26
and incorporated herein as Exhibits B-1, B-2, and B-3 are the contract proposal(s) dated
27

COMPLAINT FOR DAMAGES AND FORECLOSE MECHANIC’S LIEN
2
November 12, 2017, invoice dated July 14, 2018, and the change order dated September 16,

2018 (“Change Order”).

6. Demand has been made on the SARNAS for payment of the two outstanding

amounts which total $32,575.70, but the SARNAS have without justification refused to make

such payment,

7. As a result of the foregoing, on February 15, 2019, which was less than 90 days

after Plaintiff's completion of work on the Project, Plaintiff recorded in the Official Records of

San Mateo County as Doc. No. 2019-010777 a verified claim of mechanic’s lien the amount of
10
$41,425.70 against the Property that was benefitted by Plaintiff's work, labor and/or materials.
11
The lien was thereafter amended on or about May 2, 2019, to reduce the amount of the lien to
12
$32,525.70, The amendment was recorded in the Official Records of San Mateo County as
13

14 Doe. No. 2019-032535 CONF. Copies of the mechanic’s lien and its follow-on amendment are

15 attached hereto as Exhibits C-1 and Exhibit C-2, respectively. At the time Plaintiff recorded

16 the amendment to the mechanic’s lien, the amount stated in the mechanic’s lien as amended
17
remained owing and unpaid. As of the date of this complaint, Plaintiff
is informed, believes and
18
thereon alleges that the unpaid amounts due, owing and payable by Defendants, including the
19
costs of verifying and recording the Mechanic’s Lien have not been paid.
20

21 FIRST CAUSE OF ACTION
(Damages for Breach of Contract by Plaintiff Against the SARNAS and DOES 1-15,
22 inclusive)

23 8 Plaintiff realleges and incorporates by reference each and every allegation of the
24
above paragraphs 1 through 7, inclusive, as if fully set forth herein.
25
9. On or about November 12, 2017, Plaintiff entered into a contract with PUNIT
26
SARNA pursuant to which, or at the special instance and request of the Defendants or their
27

COMPLAINT FOR DAMAGES AND FORECLOSE MECHANIC'S LIEN
3
agents, Plaintiff furnished labor, services, materials, equipment and other facilities required to

complete his scope of work at the Project for a total price of $237,525.70 (i.e. $236,900.70 +

$10,625.00).
10. Plaintiff is informed, believes and thereon alleges that he has performed all things

necessary and required of Plaintiff under his agreement with the Defendants, except those things

which he was prevented or excused from performing because of the Defendants’ breach of their

agreement with Plaintiff.

ll, Notwithstanding these facts, the Defendants have not paid Plaintiff the full
10
amount now due and owing. There remains unpaid a balance of $32,525,70 (i.e. $236,900.70 -
11
$210,000.00 + $10,625.00 - $5,000.00).
12
12. The Defendants breached their agreement with Plaintiff in that they have not paid
13

14 Plaintiff the $32,525.60 which is now due and owing, and unpaid.

15 13. As a result of said breach, Plaintiff has been damaged in the sum of $32,525.70,

16 plus interest at the annual legal rate, and in such additional sums resulting as will be proven at
17
trial,
18
WHEREFORE, Plaintiff demands judgment as hereafter set forth,
19
SECOND CAUSE OF ACTION
20
(Unjust Enrichment by Plaintiff Against the SARNAS and DOES 1-15, Inclusive)
21
14, Plaintiff realleges and incorporates by reference each and every allegation of the
22
above paragraphs | through 13, inclusive, as if fully set forth herein.
23
15, Defendants, as owners, or former owners, of the Property, have derived the benefit
24

25 of the labor and materials provided by Plaintiff at the Property, yet Plaintiff has not received full

26 payment for said labor and materials. Therefore, Defendants been unjustly enriched to the extent

27 that Plaintiff has performed work, labor and/or furnished materials on the Project but has not
28

COMPLAINT FOR DAMAGES ae FORECLOSE MECHANIC’S LIEN
been paid for his labor and services. The reasonable value of the services performed by Plaintiff

is $237,525.70 of which $205,000.00 has been paid leaving $32,525.70 due and owing to

Plaintiff.

16. As a direct and proximate result of Defendants’ unjust enrichment as described

herein, Plaintiff is entitled to damages in an amount to be determined at trial.

WHEREFORE, Plaintiff demands judgment as hereafter set forth.

THIRD CAUSE OF ACTION
(Foreclosure of Mechanics’ Lien by Plaintiff Against All Defendants)

10 17. Plaintiff realleges and incorporates by reference each and every allegation of the

11 above paragraphs | through 16, inclusive, as if fully set forth herein.

12 18. As alleged in Paragraph 7 above, Plaintiff recorded a verified claim of mechanic’s
13
lien. By executing and recording the mechanic’s lien, Plaintiff's claim of lien attached to the
14
structures and improvements at the Property which Defendants and each of them, inclusive,
15
owns and which they authorized the subject construction and improvements for the Project on
16
the Property.
17

18 19, Plaintiff has not received any payment from Defendants in response to said

19 mechanic’s lien as amended.

20 Plaintiff is informed and believes and thereon alleges that DOES 15-30, inclusive,
20.
21
and each of them, may have a claim to have some estate, lien, right, title or interest in or upon
22
the Property, or some part thereof, which said claim or liens are subject, subsequent and
23
subordinate to Plaintiff's mechanic’s lien.
24

25 WHEREFORE, Plaintiff demands judgment as hereafter set forth.

26 //
27 /}
28

COMPLAINT FOR DAMAGES AND FORECLOSE MECHANIC’S LIEN
5
FOURTH CAUSE OF ACTION
(Violation of Civil Code §8800 Against the SARNAS and DOES 1-15, inclusive)

21. Plaintiff realleges and incorporates by reference each and every allegation of the

above Paragraphs | through 20, inclusive, as if fully set forth herein.

22. From the period commencing on or about November 12, 2017 and continuing

until on or about July 14, 2018, the SARNAS made progress payments to Plaintiff as Plaintiff

completed work on the Project. Similarly, the SARNAS made progress payments to Plaintiff as

Plaintiff completed work on the Change Order.

10 23. More than 30 days prior to the filing of this action, Plaintiff as a direct contractor

22 sent Defendants a notice demanding that they pay the final progress payments totaling

12 $32,575.70, Specifically demand for payment of $26,900.70 was made on July 14, 2018 and
13
demand for payment of $5625.00 was made on September 16, 2018. As to the first payment
14
demand, statutory penalties began accruing on or about August 14, 2018 and as to the second
LS
demand statutory penalties began accruing on or about October 16, 2018, To date, Defendants
16

17
have not tendered payment of any of this amount.

18 24. Plaintiff further believes and further alleges that no good faith dispute exists over

19 all or any portion of the amount due on Plaintiff's final progress payment currently due, owing
20
and payable to Plaintiff.
21
25. Pursuant to Civil Code §8800, Plaintiff is entitled to statutory penalties of 2% of
22
the amount due per month for every month that payments are not made during the statutory
23
penalty period, as well as attorney’s fees and costs.
24

25 WHEREFORE, Plaintiff demands judgment as hereafter set forth.

26 //
27 //
28

COMPLAINT FOR DAMAGES AND FORECLOSE MECHANIC’S LIEN
6
PRAYER
WHEREFORE, PLAINTIFF prays for judgment as follows:

A As to the First Cause of Action for breach of contract against Defendants PUNIT

K. SARNA, PUJA SARNA and DOES 1-15, inclusive for general damages in the

amount of $32,575.70.

As to the Second Cause of Action for unjust enrichment against Defendants

PUNIT K. SARNA, PUJA SARNA and DOES 1-15, inclusive for general

damages in an amount to be determined at trial.
10
As to the Third Cause of Action to foreclose the mechanic’s lien against
11
Defendants PUNIT K. SARNA, PUJA SARNA and DOES 1-30, inclusive, for:
12
1 Foreclosure of Plaintiff's mechanic’s lien as amended and duly recorded in
13

14 the San Mateo County Recorder's Office, copies of which is attached

15 hereto as Exhibit C-1 and Exhibit C-2;

16 The demands of Plaintiff and all persons having claims of lien, or any
17
interest in the Property, be ascertained and adjudged, and that the interests
18
of Defendants PUNIT K. SARNA, PUJA SARNA, and DOES 1-30 and
19
any persons claiming under them be sold under the decree of this court to
20

21
satisfy the amount of the lien ascertained and adjudged in favor of

22 Plaintiff.

23 If any deficiency results for the sale of the | Property under this Court's
24
decree, the Plaintiff have judgment for such deficiency against Defendants
25
PUNIT K. SARNA, PUJA SARNA, and DOES 1-30.
26

COMPLAINT FOR DAMAGES AND, FORECLOSE MECHANIC’S LIEN
4. The court clerk be directed to docket and enter the personal judgment

demanded in Paragraph 1, above, against Defendants PUNIT K. SARNA,

PUJA SARNA, and DOES 1-30 independent of any deficiency judgment

that may be entered after the sale of the real property under the Court’s

decree

D. As to the Fourth Cause of Action for violation of Civil Code §8800 against

Defendants PUNIT K. SARNA, PUJA SARNA and DOES 1-15, inclusive for:

1 For statutory penalties of 2% of the amount due per month for every
10
month that payment of the amount claimed is not made commencing 30
11
days after notice demanding payment was made; and
12
2 Reasonable attorney’s fees.
13

14 EB. For All Causes of Action Against Defendants PUNIT K. SARNA, PUJA SARNA

15 and DOES 1-15, inclusive for:

16 1 The costs of suit; and

17
2. For any such other relief as the Court may deem just and proper.
18

19
Dated: May/Z, 2019 MICHAEL B. ALLEN LAW GROUP, INC.
20

21 Lp 7
eo LZ,
22 By: =f LXSLE
GRANTH AKER, ESQ
23 Attorney for Plaintiff
LOUIS PAYCHECK d/b/a EUROPEAN
24 ENTERPRISES
25

COMPLAINT FOR DAMAGES AND FORECLOSE MECHANIC’S LIEN
8
EXHIBIT A
EXHIBIT A

The land described in this guarantee is described as follows:

LOT 9, BLOCK 4, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF
SUBDIVISION NO. | OF BURLINGAME SHORE LAND CO., BURLINGAME, SAN
MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON MAY
10TH, 1926 IN BOOK 13 OF MAPS, AT PAGES 72 AND 73.

EXCEPTING THEREFROM THE NORTHERLY 14.50 FEET FOR HIGHWAY PURPOSES
AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 11,
1942, BOOK 1015, PAGE 31, OFFICIAL RECORDS.

ADDRESS: 721 ROLLINS ROAD BURLINGAME CA 94010

APN: 029-074-180, JPN: 029-007-074-18A
EXHIBIT B-1
EUROPEAN ENTERPRISES
711 SOUTH ROAD
BELMONT, CA 94002
GENERAL CONTRACTOR
CAL. STATE LIC. # 763968
TEL: (650) 619-0266

November 12, 2017

TO: Peter Sarna
721 Rollins Rd,
Burlingame, CA
Tel: (650) 918-9540
Email: punitsarna@yahoo.com

RE: Apartment Remodel
Contract Proposal
Demolition and Hauling — Remove ceiling, carpet, cabinet, tub,
bathroom fixtures, interior doors, and debris. 600.00

Purchase 30 yard dumpster for a week. 800.00

Electrical — Install new 4” LED recessed lights throughout the
apartment, bathroom, and kitchen., new dedicated GFCI plugs
in the bathroom. Replace all knob and tube wiring with Romex.
Install new receptacles as needed.. Included is all exterior lighting
(fixtures purchased by Owner) 2,050.00

Plumbing — Replace all galvanized pipes in the bathroom and the
kitchen, up to where it is possible without removing the floor.
Replace all drain pipes with ABS pipes where possible without
removing the floor. Install new tub and faucets (Tub and facets
purchased by the owner). Instal] hook-up Washer and Dryer.
Provide plumbing for one garden box 5,500.00

Carpentry — Install new cabinets and vanities. Install countertops
and tiles for backsplash (Tiles, cabinets, and countertops purchased
by the owner). Repair dry rot in apartment #2 4,000.00
Sheetrock — Replace all sheetrock. Tape, mud, and smooth walls.
Purchase and Install Insulation throughout the apartment .... $ 6,000.00

Purchase, Remove and Install! new hardwood floors 2,700.00

Tiles — Install approx.. 200 sq ft of floor and wall tiles. (Tiles
Page 2
Peter Sarna

purchased by the owner). 2,000.00
Re-stucco the carport area and shear walls. included

10. Install fire sprinkler system (additional $600.00 for preparing a drawings
if needed). $ 9,500.00

11 Finishing Carpentry — Install baseboards and new doors, Install
hood for all ovens to the TOOF.......-sescseessesssssesssecssneconessneteserssesesneecnanee $ 1,600.00
122 Purchase and install new vinyl Milgard windows. Resize Kitchen
window in Apt#1 $ 2,500.00

13 Paint the entire apartment 900.00

TOTAL LABOR AND MATERIALS $ 28,650.00

ADDITIONAL EXPENSES:

1 Purchase and Install 5 Ea. Wall heaters at $ 700.00 $ 3,500.00

The above price per apartment. The expenses to redo the laundry room will be
$ 6000.00. Seismic, installing metal beams, and structural engineering, is
$ 25,000.00. Removing stucco from the bottom of the balcony, evaluating the
damage, and possibly repair, approx. $ 6,000.00. Demolition and repair of the black
mold in unit 1 will be $ 1,200.00.

The seismic work will include two shear walls and stucco. Install 2 ea. 4”
ballards in front of the electrical panel in the carport. Purchase and replace 4 ea.
exterior doors for the laundry and storage area.

The job will be completed in 90 days or less, weather permitted. Work will begin
when all materials are at the job site. Any changes to the above contract, requested by
the owner, will be charged on hourly plus material basis. Down payment of 10% will
be required at the signing of this agreement.

Our company is insured and bonded for $2,000,000 (two million) dollars liability and
workmen's compensation. For more information call Louis Paycheck at
(650) 619-0266 or (650) 631-6620 Tel/Fax.
EUROPEAN ENTERPRISES, APPROVED,
LOUIS PAYCHECK, PETER SARNA,
Contractor Owner
EXHIBIT B-2
EUROPEAN ENTERPRISES
711 SOUTH ROAD
BELMONT, CA 94002
GENERAL CONTRACTOR
CAL. STATE LIC. # 763968
TEL: (650) 619-0266
July 14, 2018
TO: Peter Sarna
721 Rollins Rd.
Burlingame, CA
Tel: (650) 918-9540
Email: punitsarna@yahoo.com

RE; Apartment Remodel
Invoice
Demolition and Hauling — Remove ceiling, carpet, cabinet, tub,
bathroom fixtures, interior doors, and debris. [istatevedencesusvsaseuanaeosdsveaness 600.00

Purchase 30 yard dumpster for a week.. 800.00

Electrical — Install new 4” LED recessed lights throughout the
apartment, bathroom, and kitchen., new dedicated GFCI plugs
in the bathroom, Replace all knob and tube wiring with Romex.
Install new receptacles as needed.. Included is all exterior lighting
(fixtures purchased by Owner). scrsenrsnensoeagneecsongentestosrtetecs= sesepese: 2,050.00

Plumbing — Replace all galvanized pipes in the bathroom and the
kitchen, up to where it is possible without removing the floor,
Replace all drain pipes with ABS pipes where possible without
removing the floor. Install new tub and faucets (Tub and facets
purchased by the owner). Install hook-up Washer and Dryer.
Provide plumbing for one garden box. spdasusvavavorguaespecedeneyacevatey
e¥eeduscee 5,500.00

Sheetrock — Replace all sheetrock. Tape, mud, and smooth walls.
Purchase and Install Insulation throughout the apartment .... 6,000.00

Purchase, Remove and Install new hardwood floors. b Midadadaredarecatedes 2,700.00
8 Tiles — Install approx.. 200 sq ft of floor and wall tiles. (Tiles
purchased by the owner) 2,000.00
Page 2
Peter Sarna

9 Re-stucco the carport area and shear walls. included

10. Finishing Carpentry — Install baseboards and new doors. Install
hood for all ovens to the rOOf.......:.cssscssessseessesseesseeesneesneceneeesseeanneess $ 1,600.00

ll. Purchase and install new vinyl Milgard windows. Resize Kitchen
window in Apt#l 2,500.00

12. Paint the entire apartment. 900.00

TOTAL LABOR AND MATERIALS. $ 28,650.00

ADDITIONAL EXPENSES:

Purchase and Install 5 Ea. Wall heaters at $ 700.00 3,500.00

Purchase new gas vent pipes from the heaters and kitchen vents $ 1,200.00
Create drawings and install sprinklers. 10,300.00

Purchase and relocate electrical panel for unit #1 650.00

Permit and Inspection cost and Prints. 1,232.11
Second Permit for unit # 5. 128.44

Paid Fees to Structural Engineer. 700.00

Repair Black Mold in Unit # 1 1,200.00
Purchase 5 ea. Tubs with metal overfloW..........c:cscesssesssiesseesseesseeesneeens $ 3,459.88

10. Redo the Laundry room 6,000.00
11 Purchase lights for Laundry and Storage room. 187.97

12 Pay for permit for seismic. 602.17

13. Removing stucco from the bottom of the balcony. 3,000.00

14, Seismic, Installing metal posts in carport... $ 20,000.00
15. Redo the balcony walkway — Completely redo the upstairs walkway
with new framing, % plywood, Waterproofing and 3” concrete. i 30,000.00

16. Stucco the bottom ceiling in the carport 13,000.00
17. Purchase materials for closet shelves........... 1,022.35
18. Purchase additional cabinets Panels. 245.46

19. Purchase additional sub-way tiles... 232,32

TOTAL ADDITIONAL EXPENSES. $ 93,650.70

The above price per apartment. The expenses to redo the laundry room will be
$ 6000.00. Seismic, installing metal posts and repair some balcony boards is
$ 25,000.00. Removing stucco from the bottom of the balcony, evaluating the
damage, and possibly repair, approx. $ 6,000.00. Demolition and repair of the black
mold in unit 1 will be $ 1,200.00.

The seismic work will include two shear walls and stucco. Install 2 ea. 4”
bollards in front of the electrical panel in the carport. Purchase and replace 4 ea.
exterior doors for the laundry and storage area.

PAYMENT SCHEDULE:

Total apartments Payment (28,650.00 X 5 Apt). $ 143,250.00

Additional Expenses $ 93,650.70

Total Cost. $ 236,900.70

Payments to date........... seseessseessee-210,000.00

Balance due. $ 26,900.70
Balance due at completion and final Inspection.
EXHIBIT B-3
EUROPEAN ENTERPRISES
711 SOUTH ROAD
BELMONT, CA 94002
GENERAL CONTRACTOR
CAL. STATE LIC. # 763968
TEL: (650) 619-0266

September 16, 2018
TO: Peter Sarna
721 Rollins Rd.
Burlingame, CA
Tel: (650) 918-9540
Email: punitsarna@yahoo.com

RE: Apartments Remodel
Change order Invoice
Install Wall Cabinets in carport 2,500.00
Purchase and Install Laundry room granite............ 1,000.00

Fire sprinklers additional Valve purchase and Installation. 2,700.00

Paint Laundry and storage room floors with epoxy paint........... 600.00

Install shower doors.......0.... 875.00.

Additional Stucco the front of the Building. 1,500.00

Run Electrical conduit for fire alarm system. 400.00

Run additional AC wire for the Alarm 400.00

Cleaning all apartments and storage areas. 650.00.

TOTAL LABOR AND MATERIALS... 10,625.00

Paid to date.........04.. 5,000.00

BALANCE DUE, 5,625.00
EXHIBIT C-1
% =x
‘
ECORDING REQUESTED BY 2019-010777
EUROPEAN ENTERPRISES 2:28 pm 02/15/19 MLL Fee: 105.00
Count of Pages3
Recorded in Official Records
WHEN RECORDED MAIL TO: County of San Mateo
Mark Church
EUROPEAN ENTERPRISES

I il tM
t}
711 SOUTH RD
iI
BELMONT CA 94002

|
7Space above this fine for Recorder's use On ¥
CLAIM OF MECHANICS LIEN
THE UNDERSIGNED CLAIMANT,
(CA Civil Code 8400 et seq)
EUROPEAN ENTERPRISES:
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, MEROVEMENTS:
Cn _"AND PREMISES HELD BY ANY. PARTY HOLDING ANY ESTATE THEREIN,. Fane eae x. eine Ay
THE LABOR, SERVICES, EQUIPMENT, AND/OR MATERIALS, WERE FURNISHED FOR THE CONSTRUCTION OF THOSE CERTAIN BUILDINGS,
IMPROVEMENTS, OR STRUCTURES, NOW UPON THAT CERTAIN PARCEL OF LAND SITUATED IN THE COUNTY OF
SAN MATEO. STATE OF CALIFORNIA, SAID LAND DESCRIBED AS FOLLOWS:
. LEGAL DESCRIPTION:
721 ROLLINS RD APN #029-074-180
BURLINGAME CA 94010

THE MECHANICS LIEN IS CLAIMED FOR THE FOLLOWING GENERALLY DESCRIBED WORK, LABOR, SERVICES, EQUIPMENT OR MATERIALt
REMODEL 5.EA. APARTMENT
UNITS, CARPORT, LAUNDRY AND.
STORAGE

THE SUM OF __
a $41,425.70 (date when balance
TOGETHER WITH INTEREST THEREON AT THE RATE OF _0.00_ PERCENT PER ANNUM FROM. ‘became due)
JS DUE CLAIMANT, AFTER DEDUCTING ALL JUST CREDITS AND OFFSETS, FOR THE LABOR, SERVICES, EQUIPMENT, AND/OR MATERIALS
FURNISHED BY CLAIMANT.
SERVIC! THE. B QU NER
CLAIMANT. FU!
So tpi
D.THE LAB Fee Te edly MENT, aoe BREN AM Re Bia
~ RNA
721 ROLLINS RD
BURLINGAME CA 94010

THE = OWNER(S) OR REPUTED OWNER(S) OF SAID PREMISES IS/ARE:
~PUNIT K SARNA/PUJA SARNA
841 PROSPECT ROW
SAN MATEO CA 94404

DATE: 02/07/2019

esis Pie
NAME OF CLAIMANT:EUROPEAN ENTERPRISES

(Signature qf Ciaimant of Authorized Agent) Forms by‘Gaprenos Inc.
VERIFICATION

, lowis PaycHece state: Lamhe _OWNER

(‘Owner of’, “President of*, "Authorized Agent of", “Partner of", etc.) the claimant named in the foregoing Mechanic's Lien. | have read sald Mechanic's,
Lien and know the contents thereof; the same is true of my own knowledge,
{declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct,

Executed on 02/07/2019, (date), at BELMONT, CA (city & state).

“fei S Pou Luck
(Signature of Cag int or Authorized Agent)

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. That 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 enclosed 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 mechanic's 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 mechanic's 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 MECHANIC'S LIENS GO TO THE CONTRACTORS' STATE LICENSE
BOARD WEBSITE AT www.cslb.ca.gov.

(Page 2013)
Please complete and sign at least one (1) of the following proofs of service and record It along with your Mechanic's Lien, Always attempt to
serve the owner or reputed owner. Per California Civil Code Section 8416(c)(2) you must use the "ALTERNATIVE PROOF OF SERVICE
AFFIDAVIT" if the owner or reputed owner cannot be rved under Civil Code Section 8416(c)(1). Note that there Is no prohibition from
using both Proof of Service Affidavits and serving both the owner/reputed owner as well as the construction lender and/or original contractor,

PROOF OF SERVICE AFFIDAVIT FOR OWNER/REPUTED OWNER
California Civil Code Section 8416(a)(7), (c)(1)

4 Lows Payevee declare that | served a capy of the enclosed MECHANIC'S LIEN and NOTICE OF

MECHANIC'S LIEN by Registered Mail, Certified Mall, or First Class Mail, evidenced by a cerlificate of mailing, postage prepaid,

addressed to the following owner or reputed owner of the Property,
(Name and tite ofthe person served)
at the following address: 841 PROSPECT ROW SAN MATEO CA 94401
(Owners residence or place of business or owner's address on building pesmi cr olherwise as per Calforla Civil Code Section 2097())
on this dale: Signed at BELMONT, CA.

on this date:
(Month/Day/Year)

(WonttvDay/¥ea)
buis Cb
(City & persgn making service)

(Sigfolure of person making service)

ALTERNATE PROOF OF SERVICE AFFIDAVIT
California Civil Code Section 8416(a)(7), (c)(2)
Use this alternatifve Proof of Service affidavit if the owner or reputed owner cannot be served per California Civil Cade Section 3084 (c)(1)(A),
as specified above. You may also use this alternative Proof of Service Affidavit if you have served the owner or reputed owner and also want
to serve the construction lender and/or original contractor as an additional m

declare that the owner or reputed owner of the property specified in the
enclosed MECHANIC'S LIEN and NOTICE OF MECHANIC'S LIEN could not be served by Registered Mail, Certified Mail, or First Class Mail,

evidenced by a certificate of mailing, postage prepaid as specified in California Civil Code Section 8416 (c)(1). Therefore, pursuant to California Civil

Code Section 8416 (c)(2), I served a copy of the enclosed MECHANIC'S LIEN and NOTICE OF MECHANIC'S LIEN by Registered Mall,

Certified Mail or First Class Mail, evidenced by a certificate of mailing, postage prepaid, addressed fo the

construction lender at the following address:
(Name of construction lender)
or to the
(Construction lendar address)
original contractor al the following address:
(Naina of criginal coriractor)

(Original contractor address)
on this date: 12/07/2018 Signed at BELMONT, CA
(WonttvDay/Year) {Cily, Slate
oF person making service)
‘on this date 02/07/2019
(WonttvDayr¥ear) {Signature of person making service)
(Page
3 of 3)
EXHIBIT C-2
2019-032535 CONF
10:43 am 05/02/19 A3 Fee: 101.00
Recording requested by: European Enterprises Count of pages 4
Recorded in Official Records
When recorded, return to County of San Mateo
European Enterprises Mark Church
711 South Rd

Case Info

Judge

Fineman, Nancy L. Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

September 18, 2020

Case Filing Date

May 10, 2019

County

Parties

DOES 1-30, INCLUSIVE Defendant
HAULK, MATTHEW A Attorney
HAULK, MATTHEW A Attorney for the Defendant
HOWARD, ELMIRA R. Attorneys for Plaintiffs
KELLY, RICHARD M. Attorneys for Plaintiffs
KELLY, RICHARD M. Attorney for the Plaintiff
PAYCHECK, LOUIS Cross Defendant
PAYCHECK, LOUIS Plaintiff
ROES 1-50, inclusive Cross Defendant
SARNA, PUJA Defendant
SARNA, PUNIT K. Cross Complainant
SARNA, PUNIT K. Defendant
SURETEC INDEMNITY COMPANY Cross Defendant (participant)
SURETEC INDEMNITY COMPANY, a corp Cross Defendant
Michael Mengarelli Attorneys for Plaintiffs
RICHARD KELLY Attorney
Richard MacManus Attorneys for Plaintiffs
Matthew Ardijanto Attorneys for Defendants
Jose Herrera Attorneys for Defendants
Matthew Armanino Attorneys for Defendants
Grant Baker Attorneys for Plaintiffs
Cathleen Curl Attorney
Michael Allen Attorneys for Plaintiffs
Assaad Stephan Attorneys for Plaintiffs
Mark Aronson Attorney
Jess Millikan Attorneys for Defendants
David Moutoux Attorneys for Defendants
William Fulton Attorneys for Plaintiffs
Benjamin Allen Attorney

For full print and download access, please subscribe at https://www.trellis.law/.

Request,Application: LOUIS PAYCHECK vs. PUNIT K. SARNA, et al

Preview

Related Topics

Case Info

Parties