Preview
Phuong T. Nguyen
P.O. Box 585
Brisbane, CA 94005
(650)228-6880
Plaintiff, pro se
D
erior sean fC
Seperir ef San Ban erontoma
Mar 25 2021
SUPERIOR COURT OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO - Civil Unlimited Jurisdiction
PHUONG T. NGUYEN,
Plaintiff,
vs.
LONDON BREED;
MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO;
PG & E Corporation; Pacific Gas
and Electric Company, a Corporation;
RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business
form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; PAUL M. *:
MIYAMOTO aka San Francisco County
Sheriff; Zameer Riaz Azam; Abdul Azam;
Jason Paul Voelker; Juan S. Ruiz aka Juan
Salvador Ruiz; SHARAD JAIN; CRASHPAD
LLC; CRASHPADZ INC; EXCALIBUR
TRADING LLC; SF CRASHPAD LLC; SF
CRASHPADZ LLC; SFC CRASHPAD LLC;
SFO CRASHPAD LLC; DC CRASHPAD,
LLC; and DOES 1 through 100,
Defendants
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1
Case Number: CGC -21 5 94 803 .
VERIFIED COMPLAINT FOR: |'
. FRAUD;
. DAMAGE TO REAL PROPERTY;
. EJECTMENT;
. TRESPASS;
. INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS;
. Temporary Restraining Order;
Preliminary and Permanent
Injunction; and for
. PRIVATE NUISANCE;
. INDEMNITY;
. DECLARATORY RELIEF;
0. VIOLATION OF
CREDIT REPORTING;
11. AN ACCOUNTING;
12. SLANDER OF TITLE
[IMPROPER LIENS ON HOUSE];
13. CIVIL EXTORTION;
14. CONSPIRACY
AGAINST CIVIL RIGHTS
[42 U.S.C. § 1985(3)]
a UkPRWNHeE
Hoo ~l
and DEMAND FOR JURY TRIAL
Unlimited Jurisdiction
Complaint for damages 05/24/21Plaintiff Phuong T. Nguyen, complains and alleges the following:
JURISDICTION AND VENUE
1. The property at issue located in the County of San Francisco, state of California.
The property is located at 609 Cambridge St., San Francisco, California 94134-1637, hereinafter
referred to as the “subject property”.
The damages claimed in this action exceed $25,000. Therefore, this court is the proper venue.
EXHAUSTION OF INFORMAL REMEDIES
PER THE GOVERNMENT TORT CLAIM ACT
2. On or about July 1, 2020, Plaintiff mailed the City of San Francisco a Government Tort Claim]
Demand. The City of San Francisco has not accepted nor denied the Government Tort
Claim which was mailed to the City of San Francisco on May 1, 2020.
Over 6 months has lapsed since Plaintiff sent the Government Tort Claim
3. On or about May 3, 2021, Plaintiff mailed a Claim to the County of San Francisco
in regard to Defendant Miyamoto. The County denied the claim and told Plaintiff that they
are not going to enforce the Writ of Possession on 509 Cambridge unless Plaintiff gets
an Extra Court Order compelling them to enforce the Writ of Possession.
PARTIES TO THE ACTION
4, Plaintiff is informed and believes that all Defendants are all residents of San Francisco,
state of California.
5. Plaintiff is unaware of the true names and capacities of defendants sued herein
as DOES 1 through 100, inclusive, and therefore sues these defendants by such fictitious
names. Plaintiffs will amend this Complaint to allege the true names and capacities of these
unknown defendants when ascertained. On or about the below-referenced dates,
DOES 1| to 50 acted, participated and conspired with the other defendants in attempting to
extort money from plaintiff. DOES 1-100 sent messages to plaintiff asking plaintiff
to give defendants money for unauthorized construction on the subject property.
2 1
Complaint for damages 05/24/216. Plaintiff is informed and believes, and thereon alleges, that each of the defendants named in
this Complaint, including all defendants named as DOES 1 through 100, inclusive, was at all
times herein relevant the authorized agent, employee or representative of one or more of the
remaining defendants and that, in doing the things herein alleged, was acting within the
course and scope of such agency, employment or representation.
7, ALTER EGO THEORY re BUSINESS ENTITITES.
8. Zameer Azam, Abdul Azam and Jason Voelker own at least 1/3 of the stock of the
SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC;
CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC
and they are the Alter-egos of the same entities.
9. Defendants Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan
Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR
TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC;
SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100
are illegally occupying a property owed by plaintiff commonly known as 609 Cambridge St.,
San Francisco, California. These defendants shall hereinafter be referred to as the
“Defendant occupants”.
COMMON ALLEGATIONS AS TO ALL CAUSES OF ACTION
10. Plaintiff, Phuong Nguyen is the owner by deed of the subject real property at
609 Cambridge Street, San Francisco, California 94134-1637. [ hereinafter referred
to as the “Subject property”]
11. Plaintiff, Phuong Nguyen has a right to possession of the subject real property.
12. Defendants are in current possession of the subject real property and are withholding thereof
from the plaintiff. Plaintiff has requested that defendants vacate the property.
Defendants are refusing to vacate the property at 609 Cambridge Street, San Francisco, California|
3
Complaint for damages 05/24/21FIRST CAUSE OF ACTION FOR FRAUD
BY NEGLIGENT MISREPRESENTATION
(Against PAUL MIYAMOTO and DOES 1 through 100)
13. Plaintiff refers to and incorporates, as though fully set forth herein, Paragraphs 1-10, inclusive
of the complaint.
14. On or about September 15, 2019, Defendant Paul Miyamoto campaigned for
political office to run as Sheriff for the County of San Francisco.
15. During the advertising and campaign for Paul Miyamoto’s Sheriff candidacy,
Mr. Miyamoto failed to disclose that he would not enforce a Writ of Possession that was
issued by the Courts, unless his legal staff would review it for around 4 months prior to doing so.
16. Additionally, Defendant Miyamoto failed to disclose that he may be a descendant of
Kenji Miyamoto, a prior Japanese Politician of the Japanese Communist Party.
[See Wikipedia of Kenji Miyamoto, held in political office from 1958-1977.
Tronically, Kenji Miyamoto was arrested in 1833 and accused of conspiring to beat a policeman
to death in a crackdown on Japanese Communist and was convicted of conspiracy charges
resulting in a life sentence. Kenji Miyamoto died on July 18, 2007 in Tokyo Japan.
17. Plaintiff relied on the advertisements and campaign attributes of Paul Miyamoto.
18. Defendant Miyamoto failed to make disclosures relevant to his candor.
19. Plaintiff voted in 2019, with wishes that Paul Miyamoto be elected as Sheriff
as a result of his advertisements and campaign attributes, resulting in Paul Miyamoto being elected
as Sheriff for the County of San Francisco.
20. The fraud of Defendant Miyamoto resulted in harm to Plaintiff Nguyen, because
Paul Miyamoto and his staff refused and failed to enforce the Writ of Possession to eject
the occupants at a property owned by plaintiff, at 609 Cambridge St. around April 1, 2021.
4
Complaint for damages 05/24/21SECOND CAUSE OF A\
(Against Zameer Riaz Azam; Abdi
Ruiz; SHARAD JAIN; CRASHPAD
CRASHPAD LLC; SF CRASHPAI
CRASHP,
21. Plaintiff refers to and incorpo
of the complaint.
22. On or about March 15, 2019,
for their illegal occupancy.
23. Thereafter, around March 15,
Occupancy by defendants, Plaintiff s
Nuisance and for Trespass.
24. Defendants vandalized and ca
plaintiff, referenced as the subject pri
damage lowering the fair market valu
alterations to the subject property a1
25. The vandalism by defendants
owned by plaintiffs, in an am
26. Plaintiff alleges that defendan
damage incurred reasonable costs in
resulted in causing plaintiff's property
27. Wherefore, plaintiff prays for
and Does 1-50, in an amount accordi
and for other such relief as the court
CTION FOR DAMAGES TO REAL PROPERTY
ul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador
LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF
Z LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC
‘AD, LLC; and DOES 1 through 100)
rates, as though fully set forth herein, Paragraphs 1-20, inclusive
Defendants and DOES 1-20 started doing work on the property
2019, upon discovery of the damage and the illegal
erved Defendants with a 3 Day Notice to Vacate for
used damage to the real property owned by
perty, which exceeded the value of $24,000 in repair costs or
e. Additionally, Defendants performed unauthorized
d created a nuisance which is a health hazard.
resulted in wrongful damage to the real property
ount according to proof.
its reduced the real property value, and that
repairing the harm. The damage to the real property
to require repairs, and renovation.
judgment in her favor against Defendants
ng to proof of at least $25,000.
deems appropriate.
5
Complaint for damages 05/24/21THIRD CAUSE OF ACTION FOR EJECTMENT
(Against Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador
Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF
CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC
CRASHPAD, LLC; and DOES 1 through 100)
28. Plaintiff refers to and incorporates, as though fully set forth herein, Paragraphs 1-27, inclusive
of the complaint.
29, Ejectment is a legal action to recover possession of real property wrongfully withheld from
the plaintiff. Caperton v Schmidt (1864) 26 C 479; McNulty v Copp (1954) 125
CA2d 697. The gravamen of an ejectment action is frustration of the plaintiff's right to
possession, not title (B & B Sulphur Co. v Kelley (1943) 61 CA2d 3; Barcroft v
Livacich (1939) 35 CA2d 710), but determining title may be necessary in an ejectment action
if title is the basis for a party's claim of the right to possession (Whittaker v Otto (1961) 188
CA2d 619; Craviotto v All Persons (1928) 93 CA 346).
30. The essential elements of a cause of action in ejectment, namely, ownership disclosing a
right to possession, the defendant's possession and a withholding thereof from the plaintiff.
(See 2 Chadbourn, Grossman & Van Alstyne, Cal. Pleading, § 1051, pp. 235-236.)
31. Also, see Payne, supra, 16 Cal. at pp. 243-244.) The right of possession ordinarily is inferred
from the plaintiff's ownership, and the plaintiff need not allege that the defendant's
withholding of possession is wrongful. (Id. at pp. 244, 247)
32. Plaintiff Phuong Nguyen is, and at all times mentioned below was the owner and entitled to
possession of real property located at 609 Cambridge St., San Francisco, California.
33. Plaintiff, Phuong Nguyen is the owner by deed of the subject real property.
Located at 609 Cambridge St., San Francisco, California.
34, Plaintiff, Phuong Nguyen has a right to possession of the subject real property.
35.-The above-named Defendants and DOES 1-100 are in current possession of the subject real
6
Complaint for damages 05/24/21property and are withholding thereof from the plaintiff.
36.
On or about March 15, 2019, Defendants (Against MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E; SAN FRANCISCO PUBLIC UTITLITIES
COMMISSION; SHARAD JAIN aka true name unknown because of possible fake passport;
Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker;
SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC;
CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Adon Sebastian
Gerrard aka Adonsebastian Gerrard aka Donny G. Reynolds aka Donny G. Gerrard aka Adon G.
Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz aka true name
unknown because of possible fake ID; and DOES 1 through 50).
37.
38,
39.
Defendants continue to withhold possession of the subject property, and plaintiff has been
denied the use and occupation of the property to his/her damage in the sum of $25,001.
The reasonable rental value of the property is $7500 per month as long as Defendants
withhold possession of the property from plaintiff.
. The reasonable value of the rents and profits of the property is the sum of $7500 per month.
Plaintiff has been damaged in this sum of $85,000 and will continue to be
damaged in the sum of $2000 per month as long as Defendants withhold possession
of the real property.
Wherefore, Plaintiff prays for a judgment for the court to Order that any and all current
occupants vacate the premises and that Plaintiff be granted an Order for entitlement of
possession and use of the subject property and for restitution in the amount of
$80 per day.
TU
7
Complaint for damages 05/24/21FOURTH CAUSE OF ACTION - FOR TRESPASS
(Against Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan
Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR
TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC;
SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100)
40. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1
through 39 hereof, inclusive, as if alleged herein in full.
41. Plaintiff Phuong Nguyen is, and at all times mentioned below was the owner and.
entitled to possession of real property located at 609 Cambridge St., San Francisco,
California.
42. Plaintiff, Nguyen is the owner by deed of the subject real property.
located at 609 Cambridge St., San Francisco, California.
43. Plaintiff, Phuong Nguyen has a right to possession of the subject real property.
44, On or about March 15, 2019, Defendants and DOES 1-50
Entered the subject property and started doing improvements by installing bunkbeds
at 609 Cambridge St. without plaintiff's knowledge of their intent.
45. Thereafter, Defendant occupants at 609 Cambridge began conducting an illegal AirBNB
Business w hich is a violation of local ordinances in the City of San Francisco.
Due to the illegal occupancy, Plaintiff served Defendants with a 3 Day Notice to Vacate for
Nuisance and for Trespass.
46. On or about Aug. 12, 2020 Plaintiff file a Complaint for Unlawful Detainer
based on Nuisance and for Termination of Tenancy based on Unlawful Use of the Real
Property. The Complaint does not involve any claims for nonpayment of rent.
Therefore the Case was exempt from the Moratorium on Evictions.
8
Complaint for damages 05/24/21The case was entitled Phuong Nguyen vs. Sharad Jain, et. al., San Francisco County
Superior Court, Case # CUD-20-667293.
Ultimately, Plaintiff obtained a Judgment in her favor against the occupants, and Writ of
Possession was issued by the Court.
However, the Sheriff, Paul Miyamoto, refused and failed to enforce the Writ of Possession,
and stated that due to legal confusion on the Moratorium, that he would need a few months
to have his legal staff review the case before the Sheriff would enforce the writ of possession.
47. The Defendant occupants of the subject property each were served with the
Writ of Possession, but still have refused and failed to vacate the property at
609 Cambridge. Plaintiff has conferred with the City Attorney, Jennifer Choi, and
she too, has refused and failed to assist Plaintiff in getting the occupants to vacate.
However, the City and Mayor of San Francisco refuses and fails to rescind the Fines that
they had previously mailed to Plaintiff for having the occupants in the subject house based
on the occupants continued illegal use of the real property, concerning Short-Term subleasing
via AirBnB and other websites that the occupants used to post ads for Short-Term subleasing.
48. Defendants (Against MAYOR OF SAN FRANCISCO: CITY OF SAN FRANCISCO:
PG & E [re Approx. $8238 unpaid bill]; SAN FRANCE PUBLIC UTITLITIES COMMISSION
Approx. $6888 id]; SHARAD JAIN aka true name unknown because of possible fe ort;
Zameer Riaz Azam; Abdul Azam: Jason Paul Voelker; SF CRASHPADZ LLC: CRASHPADZ INC:
SFC CRASHPAD LLC; SF CRASHPAD LLC; CRASHPAD LLC; EXCALIBUR TRADING LLC:
SFO CRASHPAD LLC; Adon Sebasti errard aka Adonsebastian Gerrard aka Donny G. Reynolds}
aka Donny G. Gerrard aka Adon G. Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka
Juan Salvador Ruiz and DOES 1 through 100) are withholding
9
Complaint for damages 05/24/21the possession of the subject property from Plaintiff.
49. Plaintiff has asked defendants to vacate the property, but they refuse.
50. Wherefore, Plaintiff seeks a judgment against all defendants
and DOES 1-100 for the following relief:
A. General Damages in the amount of $85,000;
Ejectment from the subject property;
Possession of the subject property;
. Temporary Restraining Order, Preliminary and Permanent Injunction;
moO D
Daily Damages in an amount reasonable based on Market value of
the subject property. [Approximately $250 per day the 1‘ day of Trespass]
FIFTH CAUSE OF ACTION — FOR INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS
( against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD
JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD
LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC;
DC CRASHPAD, LLC; and DOES 1 through 100 )
51. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1
through 50 hereof, inclusive, as if alleged herein in full.
52. Defendants and DOES 1-50’s conduct was outrageous.
53. Defendants intended to cause Plaintiff Phuong Nguyen emotional distress.
54. Defendants acted with reckless disregard of the probability that Plaintiff would suffer
emotional distress, knowing that Plaintiff was present when the conduct occurred.
55. Plaintiff suffered severe emotional distress from Defendants’
Outrageous conduct.
56. Defendants and DOES 1-50’s conduct was a substantial factor in causing Plaintiff’s severe
10
Complaint for damages 05/24/21emotional distress.
57. Wherefore, Plaintiff seeks a judgment against all defendants in an amount
According to proof of at least $25,001 or in the amount of $300,000.00
if a judgment is to be entered by a Default Judgment.
SIXTH CAUSE OF ACTION — FOR
TEMPORARY RESTRAINING ORDER, PRELIMINARY
AND PERMANENT INJUNCTION
(against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD
JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD
LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC;
DC CRASHPAD, LLC; and DOES 1 through 100 )
58. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1
through 57 hereof, inclusive, as if alleged herein in full.
59. Plaintiff has asked defendants to refrain from their offensive conduct.
60. Defendants have refused and failed to refrain from their wrongful conduct.
61. Wherefore, Plaintiff seeks a TRO, preliminary and permanent injunction against
all defendants.
SEVENTH CAUSE OF ACTION - FOR
PRIVATE NUISANCE
(Against Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador
Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF
CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC
CRASHPAD, LLC; and DOES 1 through 100)
62. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1
through 61 hereof, inclusive, as if alleged herein in full.
[See CACI # 2021. Private Nuisance - Essential Factual Elements]
ll
Complaint for damages 05/24/2163.
64.
65.
66.
67.
68.
69.
70.
71.
Plaintiff Phuong Nguyen claims that she suffered harm
because DEFENDANTS AND DOES 1-50 created a nuisance.
At all times herein mentioned, Plaintiff PHUONG NGUYEN owned the
Property.
The above-named Defendants and DOES 1-50 by acting or failing to act, created a condition
or permitted a condition to exist that they piled hazardous waste, hazardous trash and
dangerous chemicals on Plaintiff's subject property. Additionally, defendants conducted
and illegal Air BnB Business on the subject property without Plaintiffs permission.
The illegal Air BnB Business conducted by defendants involved illegal and unethical
acts which are a health and safety hazard to the general public.
The nuisance caused by defendants was harmful to health.
the nuisance was indecent or offensive to the senses and was an obstruction to the
free use of property, so as to interfere with the comfortable enjoyment of life or property.
Defendants caused the property to be put in a potentially dangerous
condition.
Defendants’ conduct in acting or failing to act was
intentional and unreasonable/unintentional, but negligent
The condition that Defendants created was the result of an abnormally dangerous
Activity.
The condition substantially interfered with Plaintiffs use or enjoyment of the property.
Any ordinary person would reasonably be annoyed or disturbed by Defendants’
Conduct.
57. Plaintiff did not consent to Defendants’ conduct.
58. Plaintiff was harmed as a result of Defendants’ conduct.
59. Defendants’ conduct was a substantial factor in causing Plaintiff
Phuong Nguyen’s harm.
12
Complaint for damages 05/24/21EIGHTH CAUSE OF ACTION
FOR INDEMNITY
( against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD
JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD
LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC;
DC CRASHPAD, LLC; and DOES 1 through 100 )
72. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1
through 71 hereof, inclusive, as if alleged herein in full.
73. Plaintiff will further amend the complaint upon the completion of
Discovery or after additional investigation is conducted concerning the issues.
74. Defendant London Breed, City of San Francisco, Mayor of San Francisco,
And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen
of illegal use of the subject property.
75. The City Defendants know that it is the following culprits who are liable for their allegations:
SHARAD JAIN aka true name unknown because of
possible fake passport; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker;
SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC;
CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Sharad Jain aka
other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz
and DOES | through 50, but they have instead the City Defendants have Mailed to Plaintiff
false allegations, demands to pay fines, demands to pay Violation
Fees, Sanction invoices and other false matter, by fraud, and by civil extortion.
13
Complaint for damages 05/24/2176. Plaintiff further alleges that defendants have improperly forced utilities to
be left in Plaintiff's name, when Plaintiff did not want utility services at
the address of 609 Cambridge St., San Francisco, California during the
illegal occupancy by the other Tenants, Crashpadz, and the other occupying defendants.
The subject utility bills are a PG & E [re Approximately $8238; and SAN FRANCISCO
PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid.
77. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which
Defendants have improperly billed to Plaintiff concerning the other Trespassing
Defendants illegal use of the Utilities at the subject property.
78. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from
The City defendants’ false allegations.
WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said
Defendants and DOES 1-50.
NINTH CAUSE OF ACTION FOR
DECLARATORY RELIEF
( against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD
JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD
LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC;
DC CRASHPAD, LLC; and DOES 1 through 100 )
79. Plaintiff refers to and incorporates by this reference each allegation set forth in
Paragraphs 1 through 78 hereof, inclusive, as if alleged herein in full.
80. Plaintiff will further amend the complaint upon the completion of
Discovery or after additional investigation is conducted concerning the issues.
81. Defendant London Breed, City of San Francisco, Mayor of San Francisco,
And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen
14
Complaint for damages 05/24/2182.
83.
84.
Of illegal use of the subject property.
The City Defendants know that it is the following culprits who are liable for their
allegations:
The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN
FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid.
SHARAD JAIN aka true name unknown because of
possible fake passport; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker;
SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC;
CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Adon Sebastian
Gerrard aka Adonsebastian Gerrard aka Donny G. Reynolds aka Donny G. Gerrard aka Adon
G. Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz
and DOES 1 through 50, but they have instead the City Defendants have Mailed to Plaintiff
false allegations, demands to pay fines, demands to pay Violation
Fees, Sanction invoices and other false matter, by fraud, and by civil extortion.
Defendants CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION have been informed that the Defendant Occupants
are trespassing and effective the date of the Writ of Possession that was issued.
by the San Francisco County Couthouse [around April 1, 2021], the Utilities
and Waste Services should have been turned off or been terminated.
Plaintiff further alleges that the Utility defendants have improperly forced utilities to
be left in Plaintiffs name, when Plaintiff did not want utility services at
the address of 609 Cambridge St., San Francisco, California during the
illegal occupancy by the other Zameer, Crashpadz, and the others.
15
Complaint for damages 05/24/2185. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which
Defendants have improperly billed to Plaintiff concerning the other Trespassing
Defendants illegal use of the Utilities at the subject property.
86. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from
The City defendants’ false allegations.
WHEREFORE, Plaintiff prays for a judgment for Indemnification and for
Declaratory Relief against the above-said
Defendants and DOES 1-50.
TENTH CAUSE OF ACTION FOR
VIOLATION OF CREDIT REPORTING
( against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; and DOES 1 through 100 )
87. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1
through 86 hereof, inclusive, as if alleged herein in full.
88. Defendant London Breed, City of San Francisco, Mayor of San Francisco,
And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen
Of illegal use of the subject property.
89. The City Defendants know that it is the following culprits who are liable for their -
allegations:
SHARAD JAIN aka true name unknown because of
possible fake passport; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker;
SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC;
CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Adon Sebastian
Gerrard aka Adonsebastian Gerrard aka Donny G. Reynolds aka Donny G. Gerrard aka Adon
16
Complaint for damages 05/24/2190.
91.
92.
93.
G. Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz
and DOES 1 through 50, but they have instead the City Defendants have Mailed to Plaintiff
false allegations, demands to pay fines, demands to pay Violation
Fees, Sanction invoices and other false matter, by fraud, and by civil extortion.
Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff
From The City defendants’ false allegations.
Plaintiff further alleges that defendants have improperly forced utilities to
be left in Plaintiff's name, when Plaintiff did not want utility services at
the address of 609 Cambridge St., San Francisco, California during the
illegal occupancy by the other Tenants, Crashpadz, and the others.
The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN
FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid.
Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which
Defendants have improperly billed to Plaintiff concerning the other Trespassing
Defendants illegal use of the Utilities at the subject property.
Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from
The City defendants’ false allegations.
WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said
Defendants and DOES 1-50.
Also, Plaintiff prays for a court order directed to defendants to remove
Any and all liens which were placed on the subject property or on any of
Plaintiff’s properties.
MAH
17
Complaint for damages 05/24/21ELEVENTH CAUSE OF ACTION FOR
AN ACCOUNTING
(against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD
JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD
LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC;
DC CRASHPAD, LLC; and DOES 1 through 100 )
94, Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1
through 93 hereof, inclusive, as if alleged herein in full.
95. Defendant London Breed, City of San Francisco, Mayor of San Francisco,
And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen
Of illegal use of the subject property.
96. The City Defendants know that it is the following culprits who are liable for their
allegations: Unauthorized Occupants at 609 Cambridge St. ]
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz;
SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF
CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD
LLC; DC CRASHPAD, LLC; and DOES 1 through 100
and DOES 1 through 50, but they have instead the City Defendants have Mailed to Plaintiff
false allegations, demands to pay fines, demands to pay Violation Fees, Sanction invoices and
other false matter, by fraud, and by civil extortion.
97. Plaintiff does not owe any money to the City of San Francisco.
98. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff
from The City defendants’ false allegations.
99. On or about March 15, 2020, Defendant London Breed, Mayor of San Francisco
18
Complaint for damages 05/24/21100.
101.
102.
103.
104.
and their co-workers sent Plaintiff numerous notices that the City was imposing
fines against Plaintiff Nguyen for not evicting the Tenants and Occupants from
609 Cambridge Street, because the occupants were conducting a business
for Short-Term subleasing against the Local City Ordinances.
Plaintiff asked Jennifer Choi, the City Attorney on numerous occasions to
assist Plaintiff in expediting the process of evicting or ejecting the occupants
from 609 Cambridge St., but Jennifer Choi refused and failed to assist Plaintiff.
The City of San Francisco still has a Long List of Fines pending against Plaintiff
Nguyen, which is against public policy, exemplary of Civil Extortion and
not within the best interest of justice, given the circumstances.
Plaintiff Nguyen has made several requests to London Breed, to Jennifer Choi
and to the City of San Francisco, to “rescind” the Fines and notices of potential
liens on 609 Cambridge St.. However, Defendants and their colleagues have
refused and failed to do so.
PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY
EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown
have been informed that the occupants in the subject property at 609 Cambridge St.
are not authorized to occupy the premises, and are trespassing.
Nevertheless, Defendants PG & E and Recology entities have continued to
offer Electricity, Gas and Waste Services contrary to Plaintiff's request to
terminate the services, as of the date that Plaintiff obtained a Writ of Possession
against the current occupants.
However, Defendants PG& E, and Recology continue to bill Plaintiff Nguyen
for the utilities used at 609 Cambridge St., and have threatened to put liens
on Plaintiff's real Property. Plaintiff is informed and believes that the
Recology entities have already placed liens on her property.
Additionally, Plaintiff is informed and believes that defendants PG & E and
19
Complaint for damages 05/24/21Recology have disseminated “inaccurate items” on plaintiff Nguyen’s Consumer
Credit Reports, which has resulted in harm to Plaintiff.
105. Plaintiff Nguyen has been prejudiced based on these circumstances and will
suffer irreparable harm unless the court issues an order for whatever relief
the court deems necessary to rectify this situation.
106. Plaintiff further alleges that defendants have improperly forced utilities to
be left in Plaintiff's name, when Plaintiff did not want utility services at
the address of 609 Cambridge St., San Francisco, California during the
illegal occupancy by the other Tenants, Crashpadz, and the others.
The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN
FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid.
107. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which
Defendants have improperly billed to Plaintiff concerning the other Trespassing
Defendants illegal use of the Utilities at the subject property.
108. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from
The City defendants’ false allegations.
WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said
Defendants and DOES 1-50.
Also, Plaintiff prays for a court order directed to defendants to remove
any and all liens which were placed on the subject property or on any of
Plaintiff’s properties.
MMMM
20
Complaint for damages 05/24/21TWELFTH CAUSE OF ACTION FOR
SLANDER OF TITLE [IMPROPER LIENS ON HOUSE]
(against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; and DOES 1 through 100 )
109. Plaintiff refers to and incorporates by this reference each allegation set forth in
Paragraphs 1 through 108 hereof, inclusive, as if alleged herein in full.
110. Defendant London Breed, City of San Francisco, Mayor of San Francisco,
And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen
Of illegal use of the subject property.
111. The City Defendants know that it is the following culprits who are liable for their
allegations: [Unauthorized Occupants at 609 Cambridge St. ]
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz;
SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF
CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD
LLC; DC CRASHPAD, LLC; and DOES 1 through 100,
but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands
to pay fines, demands to pay Violation Fees, Sanction invoices and other false matter, by
fraud, and by civil extortion.
112. Plaintiff does not owe any money to the City of San Francisco.
113. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff
from The City defendants’ false allegations.
114. Plaintiff further alleges that defendants have improperly forced utilities to
be left in Plaintiff's name, when Plaintiff did not want utility services at
the address of 609 Cambridge St., San Francisco, California during the
21
Complaint for damages 05/24/21illegal occupancy by the other Tenants, Crashpadz, and the others.
The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN
FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid.
115. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which
Defendants have improperly billed to Plaintiff concerning the other Trespassing
Defendants illegal use of the Utilities at the subject property.
116. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from
The City defendants’ false allegations.
WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said
Defendants and DOES 1-50.
Also, Plaintiff prays for a court order directed to defendants to remove
Any and all liens which were placed on the subject property or on any of
Plaintiff's properties.
Also, Plaintiff prays for a judgment outlining the specific amount
Of money which is owed, or is not owed, and a billing statement, evidence for each,
And a list of witnesses names who allege facts for each, their address, and their
Phone number; plus damages in the amount of $25,001 or in amount according
to proof.
THIRTEENTH CAUSE OF ACTION FOR
CIVIL EXTORTION
( against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; and DOES 1 through 100 )
117. Plaintiff refers to and incorporates by this reference each allegation set forth in
Paragraphs 1 through 116 hereof, inclusive, as if alleged herein in full.
118. Defendant London Breed, City of San Francisco, Mayor of San Francisco,
22
Complaint for damages 05/24/21And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen
of illegal use of the subject property.
119. Also, PG& E has improperly refused to turn off the utilities, and has put
Utility bills in the name of Plaintiff for utilities which Plaintiff did not use.
In fact, at all times mentioned on the subject utility bills Plaintiff did not reside
in the subject property at 609 Cambridge Street.
PG&E has claimed that Local Ordinances require that the utilities remain on.
If the local ordinance require the utilities to stay on, the Government Agency
that made the Local Ordinance or that enforces the local ordinance, namely,
The City of San Francisco and the Defendant Mayor, should pay the utilities,
not Plaintiff.
The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN
FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid.
Plaintiff seeks indemnity, declaratory relief, an accounting and adjudication
to determine, in the interest of justice, which defendants should pay the
utility bills referenced above.
120. The City Defendants and PG&E know that it is the following culprits
who are liable for their allegations: [Unauthorized Occupants at 609 Cambridge St. ]
Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz;
SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF
CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD
LLC; DC CRASHPAD, LLC; and DOES 1 through 100
, but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands
to pay fines, demands to pay Violation
23
Complaint for damages 05/24/21Fees, Sanction invoices and other false matter, by fraud, and by civil extortion.
121. Plaintiff does not owe any money to the City of San Francisco.
122. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff
From The City defendants’ false allegations.
123. On or about March 15, 2020, Defendant London Breed, Mayor of San Francisco
and their co-workers sent Plaintiff numerous notices that the City was imposing
fines against Plaintiff Nguyen for not evicting the Tenants and Occupants from
609 Cambridge Street, because the occupants were conducting a business
for Short-Term subleasing against the Local City Ordinances.
124. Plaintiff asked Jennifer Choi, the City Attorney on numerous occasions to
assist Plaintiff in expediting the process of evicting or ejecting the occupants
from 609 Cambridge St., but Jennifer Choi refused and failed to assist Plaintiff.
125. The City of San Francisco still has a Long List of Fines pending against Plaintiff
Nguyen, which is against public policy, exemplary of Civil Extortion and
not within the best interest of justice, given the circumstances.
126. Plaintiff Nguyen has made several requests to London Breed, to Jennifer Choi
and to the City of San Francisco, to “rescind” the Fines and notices of potential
liens on 609 Cambridge St.. However, Defendants and their colleagues have
refused and failed to do so.
127. PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY
EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown
have been informed that the occupants in the subject property at 609 Cambridge St.
are not authorized to occupy the premises, and are trespassing.
Nevertheless, Defendants PG & E and Recology entities have continued to
offer Electricity, Gas and Waste Services contrary to Plaintiff's request to
terminate the services, as of the date that Plaintiff obtained a Writ of Possession
against the current occupants.
24
Complaint for damages 05/24/21128. However, Defendants PG& E, and Recology continue to bill Plaintiff Nguyen
for the utilities used at 609 Cambridge St., and have threatened to put liens
on Plaintiff’s real Property. Plaintiff is informed and believes that the
Recology entities have already placed liens on her property.
Additionally, Plaintiff is informed and believes that defendants PG & E and
Recology have disseminated “inaccurate items” on plaintiff Nguyen’s Consumer
Credit Reports, which has resulted in harm to Plaintiff.
129. Plaintiff Nguyen has been prejudiced based on these circumstances and will
suffer irreparable harm unless the court issues an order for whatever relief
the court deems necessary to rectify this situation.
130. Plaintiff further alleges that defendants have improperly forced utilities to
be left in Plaintiff's name, when Plaintiff did not want utility services at
the address of 609 Cambridge St., San Francisco, California during the
illegal occupancy by the other Tenants, Crashpadz, and the others.
131. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which
Defendants have improperly billed to Plaintiff concerning the other Trespassing
Defendants illegal use of the Utilities at the subject property.
ADDITIONALLY, Plaintiff prays for judgment for each defendant named above
Participating in civil extortion, awarding Plaintiff General Damages in the amount
of at least $25,001, or in an amount according to Proof or if the judgment is
to be entered by a Default Judgment, in the amount of $250,000.
FOURTEENTH CAUSE OF ACTION FOR
CONSPIRACY AGAINST CIVIL RIGHTS [42 U.S.C. § 1985 (3)]
(against LONDON BREED; MAYOR OF SAN FRANCISCO;
CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas
and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation;
Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC
UTITLITIES COMMISSION; Paul Miyamota aka San Francisco County Sheriff
and DOES 1 through 100 )
25
Complaint for damages 05/24/21132. Plaintiff refers to and incorporates by this reference each allegation set forth in
Paragraphs 1 through 131 hereof, inclusive, as if alleged herein in full.
133. Defendants each acted in concert, under-color of law, with the ulterior motive
of depriving Plaintiff of the right to the independent use and control of her property
and utilities at the location of 609 Cambridge Street, San Francisco, California.
134. Plaintiff obtained a judgment for Unlawful Detainer around April 1, 2021,
and a Writ of Possession which did not include a cause of action for nonpayment of rent,
and was exempt from the moratorium.
135. Defendant Paul Miyamoto refused and failed to enforce the Writ of Possession.
136. At all times herein mentioned, Defendant Paul Miyamoto knew that a Writ of
Possession was a lawful court order, and that Mr. Miyamoto owed a duty to Plaintiff
to enforce the Writ of Possession, but refused and failed to do so.
137. Some basic research on Wikipedia from the internet revealed that
there was a Kenji Miyamoto, a Japanese Politician from the Japanese Communist Party
in Office from 1958 to 1877.
138. Kenji Miyamoto officially joined the Japanese Communist Party (JCP) two months
after graduation in May 1931.[2] In 1932 Miyamoto married author and humanitarian activist
Yuriko Chiij6 who had returned from living in the Soviet Union together with Yuasa
Yoshiko. Chiij6 was editor of the Marxist literary journal Hataraku Fujin (Working Women),
a leading figure in the proletarian literature movement and a member of the JCP.[3] Since its
founding in 1922, the JCP had been outlawed under the Peace Preservation Law and subjected|
to repression and persecution by the government of Imperial Japan. Miyamoto was arrested
by the Japanese military police in 1933 and accused of conspiring to beat a policeman to
death in a crackdown on Japanese communists.[2] He denied that he had committed the
crime. Miyamoto was convicted of the conspiracy charges and sentenced to life in prison. He
was released 12 years later after Japan surrendered, ending World War II in 1945. His prison
26
Complaint for damages 05/24/21sentence had been annulled following an imperial decree by Emperor Hirohito.
139. Now, a descendant from the Miyamoto Family appears as Sheriff for
the County of San Francisco. It seems that communism may still be flourishing
in the Miyamoto Family based on the recent circumstances in Mr. Paul Miyamoto
refusing and failing to enforce the Writ of Possession that was issued to Plaintiff
Nguyen concerning the 609 Cambridge St. Property.
140. Defendant London Breed was informed by Plaintiff that the occupants at
609 Cambridge St. did not have consent to operate an AirBnB Business.
141. During the course of Feb. 15, 2020 through May 24, 2021, there was a
Government Moratorium, which imposed “thick red tape” on any landlord
attempting to evict a tenant or occupant. Defendant London Breed and the
City of San Francisco had knowledge of the “thick red tape” against Unlawful
Detainer Actions.
142. On or about March 15, 2020, Defendant London Breed, Mayor of San Francisco
and their co-workers sent Plaintiff numerous notices that the City was imposing
fines against Plaintiff Nguyen for not evicting the Tenants and Occupants from
609 Cambridge Street, because the occupants were conducting a business
for Short-Term subleasing against the Local City Ordinances.
143. Plaintiff asked Jennifer Choi, the City Attorney on numerous occasions to
assist Plaintiff in expediting the process of evicting or ejecting the occupants
from 609 Cambridge St., but Jennifer Choi refused and failed to assist Plaintiff.
144. The City of San Francisco still has a Long List of Fines pending against Plaintiff
Nguyen, which is against public policy, exemplary of Civil Extortion and
not within the best interest of justice, given the circumstances.
145. Plaintiff Nguyen has made several requests to London Breed, to Jennifer Choi
and to the City of San Francisco, to “rescind” the Fines and notices of potential
liens on 609 Cambridge St.. However, Defendants and their colleagues have
27
Complaint for damages 05/24/21146.
147.
148.
refused and failed to do so.
PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY
EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown
have been informed that the occupants in the subject property at 609 Cambridge St.
are not authorized to occupy the premises, and are trespassing.
Nevertheless, Defendants PG & E and Recology entities have continued to
offer Ele
Preview
Phuong T. Nguyen P.O. Box 585 Brisbane, CA 94005 (650)228-6880 Plaintiff, pro se D erior sean fC Seperir ef San Ban erontoma Mar 25 2021 SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO - Civil Unlimited Jurisdiction PHUONG T. NGUYEN, Plaintiff, vs. LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; PAUL M. *: MIYAMOTO aka San Francisco County Sheriff; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 Case Number: CGC -21 5 94 803 . VERIFIED COMPLAINT FOR: |' . FRAUD; . DAMAGE TO REAL PROPERTY; . EJECTMENT; . TRESPASS; . INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; . Temporary Restraining Order; Preliminary and Permanent Injunction; and for . PRIVATE NUISANCE; . INDEMNITY; . DECLARATORY RELIEF; 0. VIOLATION OF CREDIT REPORTING; 11. AN ACCOUNTING; 12. SLANDER OF TITLE [IMPROPER LIENS ON HOUSE]; 13. CIVIL EXTORTION; 14. CONSPIRACY AGAINST CIVIL RIGHTS [42 U.S.C. § 1985(3)] a UkPRWNHeE Hoo ~l and DEMAND FOR JURY TRIAL Unlimited Jurisdiction Complaint for damages 05/24/21Plaintiff Phuong T. Nguyen, complains and alleges the following: JURISDICTION AND VENUE 1. The property at issue located in the County of San Francisco, state of California. The property is located at 609 Cambridge St., San Francisco, California 94134-1637, hereinafter referred to as the “subject property”. The damages claimed in this action exceed $25,000. Therefore, this court is the proper venue. EXHAUSTION OF INFORMAL REMEDIES PER THE GOVERNMENT TORT CLAIM ACT 2. On or about July 1, 2020, Plaintiff mailed the City of San Francisco a Government Tort Claim] Demand. The City of San Francisco has not accepted nor denied the Government Tort Claim which was mailed to the City of San Francisco on May 1, 2020. Over 6 months has lapsed since Plaintiff sent the Government Tort Claim 3. On or about May 3, 2021, Plaintiff mailed a Claim to the County of San Francisco in regard to Defendant Miyamoto. The County denied the claim and told Plaintiff that they are not going to enforce the Writ of Possession on 509 Cambridge unless Plaintiff gets an Extra Court Order compelling them to enforce the Writ of Possession. PARTIES TO THE ACTION 4, Plaintiff is informed and believes that all Defendants are all residents of San Francisco, state of California. 5. Plaintiff is unaware of the true names and capacities of defendants sued herein as DOES 1 through 100, inclusive, and therefore sues these defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true names and capacities of these unknown defendants when ascertained. On or about the below-referenced dates, DOES 1| to 50 acted, participated and conspired with the other defendants in attempting to extort money from plaintiff. DOES 1-100 sent messages to plaintiff asking plaintiff to give defendants money for unauthorized construction on the subject property. 2 1 Complaint for damages 05/24/216. Plaintiff is informed and believes, and thereon alleges, that each of the defendants named in this Complaint, including all defendants named as DOES 1 through 100, inclusive, was at all times herein relevant the authorized agent, employee or representative of one or more of the remaining defendants and that, in doing the things herein alleged, was acting within the course and scope of such agency, employment or representation. 7, ALTER EGO THEORY re BUSINESS ENTITITES. 8. Zameer Azam, Abdul Azam and Jason Voelker own at least 1/3 of the stock of the SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC; CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC and they are the Alter-egos of the same entities. 9. Defendants Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 are illegally occupying a property owed by plaintiff commonly known as 609 Cambridge St., San Francisco, California. These defendants shall hereinafter be referred to as the “Defendant occupants”. COMMON ALLEGATIONS AS TO ALL CAUSES OF ACTION 10. Plaintiff, Phuong Nguyen is the owner by deed of the subject real property at 609 Cambridge Street, San Francisco, California 94134-1637. [ hereinafter referred to as the “Subject property”] 11. Plaintiff, Phuong Nguyen has a right to possession of the subject real property. 12. Defendants are in current possession of the subject real property and are withholding thereof from the plaintiff. Plaintiff has requested that defendants vacate the property. Defendants are refusing to vacate the property at 609 Cambridge Street, San Francisco, California| 3 Complaint for damages 05/24/21FIRST CAUSE OF ACTION FOR FRAUD BY NEGLIGENT MISREPRESENTATION (Against PAUL MIYAMOTO and DOES 1 through 100) 13. Plaintiff refers to and incorporates, as though fully set forth herein, Paragraphs 1-10, inclusive of the complaint. 14. On or about September 15, 2019, Defendant Paul Miyamoto campaigned for political office to run as Sheriff for the County of San Francisco. 15. During the advertising and campaign for Paul Miyamoto’s Sheriff candidacy, Mr. Miyamoto failed to disclose that he would not enforce a Writ of Possession that was issued by the Courts, unless his legal staff would review it for around 4 months prior to doing so. 16. Additionally, Defendant Miyamoto failed to disclose that he may be a descendant of Kenji Miyamoto, a prior Japanese Politician of the Japanese Communist Party. [See Wikipedia of Kenji Miyamoto, held in political office from 1958-1977. Tronically, Kenji Miyamoto was arrested in 1833 and accused of conspiring to beat a policeman to death in a crackdown on Japanese Communist and was convicted of conspiracy charges resulting in a life sentence. Kenji Miyamoto died on July 18, 2007 in Tokyo Japan. 17. Plaintiff relied on the advertisements and campaign attributes of Paul Miyamoto. 18. Defendant Miyamoto failed to make disclosures relevant to his candor. 19. Plaintiff voted in 2019, with wishes that Paul Miyamoto be elected as Sheriff as a result of his advertisements and campaign attributes, resulting in Paul Miyamoto being elected as Sheriff for the County of San Francisco. 20. The fraud of Defendant Miyamoto resulted in harm to Plaintiff Nguyen, because Paul Miyamoto and his staff refused and failed to enforce the Writ of Possession to eject the occupants at a property owned by plaintiff, at 609 Cambridge St. around April 1, 2021. 4 Complaint for damages 05/24/21SECOND CAUSE OF A\ (Against Zameer Riaz Azam; Abdi Ruiz; SHARAD JAIN; CRASHPAD CRASHPAD LLC; SF CRASHPAI CRASHP, 21. Plaintiff refers to and incorpo of the complaint. 22. On or about March 15, 2019, for their illegal occupancy. 23. Thereafter, around March 15, Occupancy by defendants, Plaintiff s Nuisance and for Trespass. 24. Defendants vandalized and ca plaintiff, referenced as the subject pri damage lowering the fair market valu alterations to the subject property a1 25. The vandalism by defendants owned by plaintiffs, in an am 26. Plaintiff alleges that defendan damage incurred reasonable costs in resulted in causing plaintiff's property 27. Wherefore, plaintiff prays for and Does 1-50, in an amount accordi and for other such relief as the court CTION FOR DAMAGES TO REAL PROPERTY ul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF Z LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC ‘AD, LLC; and DOES 1 through 100) rates, as though fully set forth herein, Paragraphs 1-20, inclusive Defendants and DOES 1-20 started doing work on the property 2019, upon discovery of the damage and the illegal erved Defendants with a 3 Day Notice to Vacate for used damage to the real property owned by perty, which exceeded the value of $24,000 in repair costs or e. Additionally, Defendants performed unauthorized d created a nuisance which is a health hazard. resulted in wrongful damage to the real property ount according to proof. its reduced the real property value, and that repairing the harm. The damage to the real property to require repairs, and renovation. judgment in her favor against Defendants ng to proof of at least $25,000. deems appropriate. 5 Complaint for damages 05/24/21THIRD CAUSE OF ACTION FOR EJECTMENT (Against Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100) 28. Plaintiff refers to and incorporates, as though fully set forth herein, Paragraphs 1-27, inclusive of the complaint. 29, Ejectment is a legal action to recover possession of real property wrongfully withheld from the plaintiff. Caperton v Schmidt (1864) 26 C 479; McNulty v Copp (1954) 125 CA2d 697. The gravamen of an ejectment action is frustration of the plaintiff's right to possession, not title (B & B Sulphur Co. v Kelley (1943) 61 CA2d 3; Barcroft v Livacich (1939) 35 CA2d 710), but determining title may be necessary in an ejectment action if title is the basis for a party's claim of the right to possession (Whittaker v Otto (1961) 188 CA2d 619; Craviotto v All Persons (1928) 93 CA 346). 30. The essential elements of a cause of action in ejectment, namely, ownership disclosing a right to possession, the defendant's possession and a withholding thereof from the plaintiff. (See 2 Chadbourn, Grossman & Van Alstyne, Cal. Pleading, § 1051, pp. 235-236.) 31. Also, see Payne, supra, 16 Cal. at pp. 243-244.) The right of possession ordinarily is inferred from the plaintiff's ownership, and the plaintiff need not allege that the defendant's withholding of possession is wrongful. (Id. at pp. 244, 247) 32. Plaintiff Phuong Nguyen is, and at all times mentioned below was the owner and entitled to possession of real property located at 609 Cambridge St., San Francisco, California. 33. Plaintiff, Phuong Nguyen is the owner by deed of the subject real property. Located at 609 Cambridge St., San Francisco, California. 34, Plaintiff, Phuong Nguyen has a right to possession of the subject real property. 35.-The above-named Defendants and DOES 1-100 are in current possession of the subject real 6 Complaint for damages 05/24/21property and are withholding thereof from the plaintiff. 36. On or about March 15, 2019, Defendants (Against MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; SHARAD JAIN aka true name unknown because of possible fake passport; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC; CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Adon Sebastian Gerrard aka Adonsebastian Gerrard aka Donny G. Reynolds aka Donny G. Gerrard aka Adon G. Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz aka true name unknown because of possible fake ID; and DOES 1 through 50). 37. 38, 39. Defendants continue to withhold possession of the subject property, and plaintiff has been denied the use and occupation of the property to his/her damage in the sum of $25,001. The reasonable rental value of the property is $7500 per month as long as Defendants withhold possession of the property from plaintiff. . The reasonable value of the rents and profits of the property is the sum of $7500 per month. Plaintiff has been damaged in this sum of $85,000 and will continue to be damaged in the sum of $2000 per month as long as Defendants withhold possession of the real property. Wherefore, Plaintiff prays for a judgment for the court to Order that any and all current occupants vacate the premises and that Plaintiff be granted an Order for entitlement of possession and use of the subject property and for restitution in the amount of $80 per day. TU 7 Complaint for damages 05/24/21FOURTH CAUSE OF ACTION - FOR TRESPASS (Against Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100) 40. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 39 hereof, inclusive, as if alleged herein in full. 41. Plaintiff Phuong Nguyen is, and at all times mentioned below was the owner and. entitled to possession of real property located at 609 Cambridge St., San Francisco, California. 42. Plaintiff, Nguyen is the owner by deed of the subject real property. located at 609 Cambridge St., San Francisco, California. 43. Plaintiff, Phuong Nguyen has a right to possession of the subject real property. 44, On or about March 15, 2019, Defendants and DOES 1-50 Entered the subject property and started doing improvements by installing bunkbeds at 609 Cambridge St. without plaintiff's knowledge of their intent. 45. Thereafter, Defendant occupants at 609 Cambridge began conducting an illegal AirBNB Business w hich is a violation of local ordinances in the City of San Francisco. Due to the illegal occupancy, Plaintiff served Defendants with a 3 Day Notice to Vacate for Nuisance and for Trespass. 46. On or about Aug. 12, 2020 Plaintiff file a Complaint for Unlawful Detainer based on Nuisance and for Termination of Tenancy based on Unlawful Use of the Real Property. The Complaint does not involve any claims for nonpayment of rent. Therefore the Case was exempt from the Moratorium on Evictions. 8 Complaint for damages 05/24/21The case was entitled Phuong Nguyen vs. Sharad Jain, et. al., San Francisco County Superior Court, Case # CUD-20-667293. Ultimately, Plaintiff obtained a Judgment in her favor against the occupants, and Writ of Possession was issued by the Court. However, the Sheriff, Paul Miyamoto, refused and failed to enforce the Writ of Possession, and stated that due to legal confusion on the Moratorium, that he would need a few months to have his legal staff review the case before the Sheriff would enforce the writ of possession. 47. The Defendant occupants of the subject property each were served with the Writ of Possession, but still have refused and failed to vacate the property at 609 Cambridge. Plaintiff has conferred with the City Attorney, Jennifer Choi, and she too, has refused and failed to assist Plaintiff in getting the occupants to vacate. However, the City and Mayor of San Francisco refuses and fails to rescind the Fines that they had previously mailed to Plaintiff for having the occupants in the subject house based on the occupants continued illegal use of the real property, concerning Short-Term subleasing via AirBnB and other websites that the occupants used to post ads for Short-Term subleasing. 48. Defendants (Against MAYOR OF SAN FRANCISCO: CITY OF SAN FRANCISCO: PG & E [re Approx. $8238 unpaid bill]; SAN FRANCE PUBLIC UTITLITIES COMMISSION Approx. $6888 id]; SHARAD JAIN aka true name unknown because of possible fe ort; Zameer Riaz Azam; Abdul Azam: Jason Paul Voelker; SF CRASHPADZ LLC: CRASHPADZ INC: SFC CRASHPAD LLC; SF CRASHPAD LLC; CRASHPAD LLC; EXCALIBUR TRADING LLC: SFO CRASHPAD LLC; Adon Sebasti errard aka Adonsebastian Gerrard aka Donny G. Reynolds} aka Donny G. Gerrard aka Adon G. Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz and DOES 1 through 100) are withholding 9 Complaint for damages 05/24/21the possession of the subject property from Plaintiff. 49. Plaintiff has asked defendants to vacate the property, but they refuse. 50. Wherefore, Plaintiff seeks a judgment against all defendants and DOES 1-100 for the following relief: A. General Damages in the amount of $85,000; Ejectment from the subject property; Possession of the subject property; . Temporary Restraining Order, Preliminary and Permanent Injunction; moO D Daily Damages in an amount reasonable based on Market value of the subject property. [Approximately $250 per day the 1‘ day of Trespass] FIFTH CAUSE OF ACTION — FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ( against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 ) 51. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 50 hereof, inclusive, as if alleged herein in full. 52. Defendants and DOES 1-50’s conduct was outrageous. 53. Defendants intended to cause Plaintiff Phuong Nguyen emotional distress. 54. Defendants acted with reckless disregard of the probability that Plaintiff would suffer emotional distress, knowing that Plaintiff was present when the conduct occurred. 55. Plaintiff suffered severe emotional distress from Defendants’ Outrageous conduct. 56. Defendants and DOES 1-50’s conduct was a substantial factor in causing Plaintiff’s severe 10 Complaint for damages 05/24/21emotional distress. 57. Wherefore, Plaintiff seeks a judgment against all defendants in an amount According to proof of at least $25,001 or in the amount of $300,000.00 if a judgment is to be entered by a Default Judgment. SIXTH CAUSE OF ACTION — FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTION (against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 ) 58. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 57 hereof, inclusive, as if alleged herein in full. 59. Plaintiff has asked defendants to refrain from their offensive conduct. 60. Defendants have refused and failed to refrain from their wrongful conduct. 61. Wherefore, Plaintiff seeks a TRO, preliminary and permanent injunction against all defendants. SEVENTH CAUSE OF ACTION - FOR PRIVATE NUISANCE (Against Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100) 62. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 61 hereof, inclusive, as if alleged herein in full. [See CACI # 2021. Private Nuisance - Essential Factual Elements] ll Complaint for damages 05/24/2163. 64. 65. 66. 67. 68. 69. 70. 71. Plaintiff Phuong Nguyen claims that she suffered harm because DEFENDANTS AND DOES 1-50 created a nuisance. At all times herein mentioned, Plaintiff PHUONG NGUYEN owned the Property. The above-named Defendants and DOES 1-50 by acting or failing to act, created a condition or permitted a condition to exist that they piled hazardous waste, hazardous trash and dangerous chemicals on Plaintiff's subject property. Additionally, defendants conducted and illegal Air BnB Business on the subject property without Plaintiffs permission. The illegal Air BnB Business conducted by defendants involved illegal and unethical acts which are a health and safety hazard to the general public. The nuisance caused by defendants was harmful to health. the nuisance was indecent or offensive to the senses and was an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Defendants caused the property to be put in a potentially dangerous condition. Defendants’ conduct in acting or failing to act was intentional and unreasonable/unintentional, but negligent The condition that Defendants created was the result of an abnormally dangerous Activity. The condition substantially interfered with Plaintiffs use or enjoyment of the property. Any ordinary person would reasonably be annoyed or disturbed by Defendants’ Conduct. 57. Plaintiff did not consent to Defendants’ conduct. 58. Plaintiff was harmed as a result of Defendants’ conduct. 59. Defendants’ conduct was a substantial factor in causing Plaintiff Phuong Nguyen’s harm. 12 Complaint for damages 05/24/21EIGHTH CAUSE OF ACTION FOR INDEMNITY ( against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 ) 72. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 71 hereof, inclusive, as if alleged herein in full. 73. Plaintiff will further amend the complaint upon the completion of Discovery or after additional investigation is conducted concerning the issues. 74. Defendant London Breed, City of San Francisco, Mayor of San Francisco, And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen of illegal use of the subject property. 75. The City Defendants know that it is the following culprits who are liable for their allegations: SHARAD JAIN aka true name unknown because of possible fake passport; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC; CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz and DOES | through 50, but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands to pay fines, demands to pay Violation Fees, Sanction invoices and other false matter, by fraud, and by civil extortion. 13 Complaint for damages 05/24/2176. Plaintiff further alleges that defendants have improperly forced utilities to be left in Plaintiff's name, when Plaintiff did not want utility services at the address of 609 Cambridge St., San Francisco, California during the illegal occupancy by the other Tenants, Crashpadz, and the other occupying defendants. The subject utility bills are a PG & E [re Approximately $8238; and SAN FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid. 77. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which Defendants have improperly billed to Plaintiff concerning the other Trespassing Defendants illegal use of the Utilities at the subject property. 78. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from The City defendants’ false allegations. WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said Defendants and DOES 1-50. NINTH CAUSE OF ACTION FOR DECLARATORY RELIEF ( against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 ) 79. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 78 hereof, inclusive, as if alleged herein in full. 80. Plaintiff will further amend the complaint upon the completion of Discovery or after additional investigation is conducted concerning the issues. 81. Defendant London Breed, City of San Francisco, Mayor of San Francisco, And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen 14 Complaint for damages 05/24/2182. 83. 84. Of illegal use of the subject property. The City Defendants know that it is the following culprits who are liable for their allegations: The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid. SHARAD JAIN aka true name unknown because of possible fake passport; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC; CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Adon Sebastian Gerrard aka Adonsebastian Gerrard aka Donny G. Reynolds aka Donny G. Gerrard aka Adon G. Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz and DOES 1 through 50, but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands to pay fines, demands to pay Violation Fees, Sanction invoices and other false matter, by fraud, and by civil extortion. Defendants CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION have been informed that the Defendant Occupants are trespassing and effective the date of the Writ of Possession that was issued. by the San Francisco County Couthouse [around April 1, 2021], the Utilities and Waste Services should have been turned off or been terminated. Plaintiff further alleges that the Utility defendants have improperly forced utilities to be left in Plaintiffs name, when Plaintiff did not want utility services at the address of 609 Cambridge St., San Francisco, California during the illegal occupancy by the other Zameer, Crashpadz, and the others. 15 Complaint for damages 05/24/2185. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which Defendants have improperly billed to Plaintiff concerning the other Trespassing Defendants illegal use of the Utilities at the subject property. 86. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from The City defendants’ false allegations. WHEREFORE, Plaintiff prays for a judgment for Indemnification and for Declaratory Relief against the above-said Defendants and DOES 1-50. TENTH CAUSE OF ACTION FOR VIOLATION OF CREDIT REPORTING ( against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; and DOES 1 through 100 ) 87. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 86 hereof, inclusive, as if alleged herein in full. 88. Defendant London Breed, City of San Francisco, Mayor of San Francisco, And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen Of illegal use of the subject property. 89. The City Defendants know that it is the following culprits who are liable for their - allegations: SHARAD JAIN aka true name unknown because of possible fake passport; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; SF CRASHPADZ LLC; CRASHPADZ INC; SFC CRASHPAD LLC; SF CRASHPAD LLC; CRASHPAD LLC; EXCALIBUR TRADING LLC; SFO CRASHPAD LLC; Adon Sebastian Gerrard aka Adonsebastian Gerrard aka Donny G. Reynolds aka Donny G. Gerrard aka Adon 16 Complaint for damages 05/24/2190. 91. 92. 93. G. Gerrard; Sharad Jain aka other name unknown; Juan S. Ruiz aka Juan Salvador Ruiz and DOES 1 through 50, but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands to pay fines, demands to pay Violation Fees, Sanction invoices and other false matter, by fraud, and by civil extortion. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff From The City defendants’ false allegations. Plaintiff further alleges that defendants have improperly forced utilities to be left in Plaintiff's name, when Plaintiff did not want utility services at the address of 609 Cambridge St., San Francisco, California during the illegal occupancy by the other Tenants, Crashpadz, and the others. The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which Defendants have improperly billed to Plaintiff concerning the other Trespassing Defendants illegal use of the Utilities at the subject property. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from The City defendants’ false allegations. WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said Defendants and DOES 1-50. Also, Plaintiff prays for a court order directed to defendants to remove Any and all liens which were placed on the subject property or on any of Plaintiff’s properties. MAH 17 Complaint for damages 05/24/21ELEVENTH CAUSE OF ACTION FOR AN ACCOUNTING (against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; PAUL M. MIYAMOTO aka San Francisco County Sheriff; Zameer Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 ) 94, Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 93 hereof, inclusive, as if alleged herein in full. 95. Defendant London Breed, City of San Francisco, Mayor of San Francisco, And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen Of illegal use of the subject property. 96. The City Defendants know that it is the following culprits who are liable for their allegations: Unauthorized Occupants at 609 Cambridge St. ] Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 and DOES 1 through 50, but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands to pay fines, demands to pay Violation Fees, Sanction invoices and other false matter, by fraud, and by civil extortion. 97. Plaintiff does not owe any money to the City of San Francisco. 98. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from The City defendants’ false allegations. 99. On or about March 15, 2020, Defendant London Breed, Mayor of San Francisco 18 Complaint for damages 05/24/21100. 101. 102. 103. 104. and their co-workers sent Plaintiff numerous notices that the City was imposing fines against Plaintiff Nguyen for not evicting the Tenants and Occupants from 609 Cambridge Street, because the occupants were conducting a business for Short-Term subleasing against the Local City Ordinances. Plaintiff asked Jennifer Choi, the City Attorney on numerous occasions to assist Plaintiff in expediting the process of evicting or ejecting the occupants from 609 Cambridge St., but Jennifer Choi refused and failed to assist Plaintiff. The City of San Francisco still has a Long List of Fines pending against Plaintiff Nguyen, which is against public policy, exemplary of Civil Extortion and not within the best interest of justice, given the circumstances. Plaintiff Nguyen has made several requests to London Breed, to Jennifer Choi and to the City of San Francisco, to “rescind” the Fines and notices of potential liens on 609 Cambridge St.. However, Defendants and their colleagues have refused and failed to do so. PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown have been informed that the occupants in the subject property at 609 Cambridge St. are not authorized to occupy the premises, and are trespassing. Nevertheless, Defendants PG & E and Recology entities have continued to offer Electricity, Gas and Waste Services contrary to Plaintiff's request to terminate the services, as of the date that Plaintiff obtained a Writ of Possession against the current occupants. However, Defendants PG& E, and Recology continue to bill Plaintiff Nguyen for the utilities used at 609 Cambridge St., and have threatened to put liens on Plaintiff's real Property. Plaintiff is informed and believes that the Recology entities have already placed liens on her property. Additionally, Plaintiff is informed and believes that defendants PG & E and 19 Complaint for damages 05/24/21Recology have disseminated “inaccurate items” on plaintiff Nguyen’s Consumer Credit Reports, which has resulted in harm to Plaintiff. 105. Plaintiff Nguyen has been prejudiced based on these circumstances and will suffer irreparable harm unless the court issues an order for whatever relief the court deems necessary to rectify this situation. 106. Plaintiff further alleges that defendants have improperly forced utilities to be left in Plaintiff's name, when Plaintiff did not want utility services at the address of 609 Cambridge St., San Francisco, California during the illegal occupancy by the other Tenants, Crashpadz, and the others. The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid. 107. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which Defendants have improperly billed to Plaintiff concerning the other Trespassing Defendants illegal use of the Utilities at the subject property. 108. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from The City defendants’ false allegations. WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said Defendants and DOES 1-50. Also, Plaintiff prays for a court order directed to defendants to remove any and all liens which were placed on the subject property or on any of Plaintiff’s properties. MMMM 20 Complaint for damages 05/24/21TWELFTH CAUSE OF ACTION FOR SLANDER OF TITLE [IMPROPER LIENS ON HOUSE] (against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; and DOES 1 through 100 ) 109. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 108 hereof, inclusive, as if alleged herein in full. 110. Defendant London Breed, City of San Francisco, Mayor of San Francisco, And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen Of illegal use of the subject property. 111. The City Defendants know that it is the following culprits who are liable for their allegations: [Unauthorized Occupants at 609 Cambridge St. ] Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100, but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands to pay fines, demands to pay Violation Fees, Sanction invoices and other false matter, by fraud, and by civil extortion. 112. Plaintiff does not owe any money to the City of San Francisco. 113. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from The City defendants’ false allegations. 114. Plaintiff further alleges that defendants have improperly forced utilities to be left in Plaintiff's name, when Plaintiff did not want utility services at the address of 609 Cambridge St., San Francisco, California during the 21 Complaint for damages 05/24/21illegal occupancy by the other Tenants, Crashpadz, and the others. The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid. 115. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which Defendants have improperly billed to Plaintiff concerning the other Trespassing Defendants illegal use of the Utilities at the subject property. 116. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff from The City defendants’ false allegations. WHEREFORE, Plaintiff prays for a judgment for Indemnification against the above-said Defendants and DOES 1-50. Also, Plaintiff prays for a court order directed to defendants to remove Any and all liens which were placed on the subject property or on any of Plaintiff's properties. Also, Plaintiff prays for a judgment outlining the specific amount Of money which is owed, or is not owed, and a billing statement, evidence for each, And a list of witnesses names who allege facts for each, their address, and their Phone number; plus damages in the amount of $25,001 or in amount according to proof. THIRTEENTH CAUSE OF ACTION FOR CIVIL EXTORTION ( against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; and DOES 1 through 100 ) 117. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 116 hereof, inclusive, as if alleged herein in full. 118. Defendant London Breed, City of San Francisco, Mayor of San Francisco, 22 Complaint for damages 05/24/21And Code Enforcement Officers for the City have falsely accused Plaintiff Nguyen of illegal use of the subject property. 119. Also, PG& E has improperly refused to turn off the utilities, and has put Utility bills in the name of Plaintiff for utilities which Plaintiff did not use. In fact, at all times mentioned on the subject utility bills Plaintiff did not reside in the subject property at 609 Cambridge Street. PG&E has claimed that Local Ordinances require that the utilities remain on. If the local ordinance require the utilities to stay on, the Government Agency that made the Local Ordinance or that enforces the local ordinance, namely, The City of San Francisco and the Defendant Mayor, should pay the utilities, not Plaintiff. The subject utility bills are a PG & E [re Approximately $8238 unpaid bill; and SAN FRANCISCO PUBLIC UTITLITIES COMMISSION re Approximately $6888 unpaid. Plaintiff seeks indemnity, declaratory relief, an accounting and adjudication to determine, in the interest of justice, which defendants should pay the utility bills referenced above. 120. The City Defendants and PG&E know that it is the following culprits who are liable for their allegations: [Unauthorized Occupants at 609 Cambridge St. ] Riaz Azam; Abdul Azam; Jason Paul Voelker; Juan S. Ruiz aka Juan Salvador Ruiz; SHARAD JAIN; CRASHPAD LLC; CRASHPADZ INC; EXCALIBUR TRADING LLC; SF CRASHPAD LLC; SF CRASHPADZ LLC; SFC CRASHPAD LLC; SFO CRASHPAD LLC; DC CRASHPAD, LLC; and DOES 1 through 100 , but they have instead the City Defendants have Mailed to Plaintiff false allegations, demands to pay fines, demands to pay Violation 23 Complaint for damages 05/24/21Fees, Sanction invoices and other false matter, by fraud, and by civil extortion. 121. Plaintiff does not owe any money to the City of San Francisco. 122. Plaintiff Nguyen seeks adjudication of a court order indemnifying Plaintiff From The City defendants’ false allegations. 123. On or about March 15, 2020, Defendant London Breed, Mayor of San Francisco and their co-workers sent Plaintiff numerous notices that the City was imposing fines against Plaintiff Nguyen for not evicting the Tenants and Occupants from 609 Cambridge Street, because the occupants were conducting a business for Short-Term subleasing against the Local City Ordinances. 124. Plaintiff asked Jennifer Choi, the City Attorney on numerous occasions to assist Plaintiff in expediting the process of evicting or ejecting the occupants from 609 Cambridge St., but Jennifer Choi refused and failed to assist Plaintiff. 125. The City of San Francisco still has a Long List of Fines pending against Plaintiff Nguyen, which is against public policy, exemplary of Civil Extortion and not within the best interest of justice, given the circumstances. 126. Plaintiff Nguyen has made several requests to London Breed, to Jennifer Choi and to the City of San Francisco, to “rescind” the Fines and notices of potential liens on 609 Cambridge St.. However, Defendants and their colleagues have refused and failed to do so. 127. PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown have been informed that the occupants in the subject property at 609 Cambridge St. are not authorized to occupy the premises, and are trespassing. Nevertheless, Defendants PG & E and Recology entities have continued to offer Electricity, Gas and Waste Services contrary to Plaintiff's request to terminate the services, as of the date that Plaintiff obtained a Writ of Possession against the current occupants. 24 Complaint for damages 05/24/21128. However, Defendants PG& E, and Recology continue to bill Plaintiff Nguyen for the utilities used at 609 Cambridge St., and have threatened to put liens on Plaintiff’s real Property. Plaintiff is informed and believes that the Recology entities have already placed liens on her property. Additionally, Plaintiff is informed and believes that defendants PG & E and Recology have disseminated “inaccurate items” on plaintiff Nguyen’s Consumer Credit Reports, which has resulted in harm to Plaintiff. 129. Plaintiff Nguyen has been prejudiced based on these circumstances and will suffer irreparable harm unless the court issues an order for whatever relief the court deems necessary to rectify this situation. 130. Plaintiff further alleges that defendants have improperly forced utilities to be left in Plaintiff's name, when Plaintiff did not want utility services at the address of 609 Cambridge St., San Francisco, California during the illegal occupancy by the other Tenants, Crashpadz, and the others. 131. Plaintiff seeks declaratory relief and indemnity as to the Utility Bills which Defendants have improperly billed to Plaintiff concerning the other Trespassing Defendants illegal use of the Utilities at the subject property. ADDITIONALLY, Plaintiff prays for judgment for each defendant named above Participating in civil extortion, awarding Plaintiff General Damages in the amount of at least $25,001, or in an amount according to Proof or if the judgment is to be entered by a Default Judgment, in the amount of $250,000. FOURTEENTH CAUSE OF ACTION FOR CONSPIRACY AGAINST CIVIL RIGHTS [42 U.S.C. § 1985 (3)] (against LONDON BREED; MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown; SAN FRANCISCO PUBLIC UTITLITIES COMMISSION; Paul Miyamota aka San Francisco County Sheriff and DOES 1 through 100 ) 25 Complaint for damages 05/24/21132. Plaintiff refers to and incorporates by this reference each allegation set forth in Paragraphs 1 through 131 hereof, inclusive, as if alleged herein in full. 133. Defendants each acted in concert, under-color of law, with the ulterior motive of depriving Plaintiff of the right to the independent use and control of her property and utilities at the location of 609 Cambridge Street, San Francisco, California. 134. Plaintiff obtained a judgment for Unlawful Detainer around April 1, 2021, and a Writ of Possession which did not include a cause of action for nonpayment of rent, and was exempt from the moratorium. 135. Defendant Paul Miyamoto refused and failed to enforce the Writ of Possession. 136. At all times herein mentioned, Defendant Paul Miyamoto knew that a Writ of Possession was a lawful court order, and that Mr. Miyamoto owed a duty to Plaintiff to enforce the Writ of Possession, but refused and failed to do so. 137. Some basic research on Wikipedia from the internet revealed that there was a Kenji Miyamoto, a Japanese Politician from the Japanese Communist Party in Office from 1958 to 1877. 138. Kenji Miyamoto officially joined the Japanese Communist Party (JCP) two months after graduation in May 1931.[2] In 1932 Miyamoto married author and humanitarian activist Yuriko Chiij6 who had returned from living in the Soviet Union together with Yuasa Yoshiko. Chiij6 was editor of the Marxist literary journal Hataraku Fujin (Working Women), a leading figure in the proletarian literature movement and a member of the JCP.[3] Since its founding in 1922, the JCP had been outlawed under the Peace Preservation Law and subjected| to repression and persecution by the government of Imperial Japan. Miyamoto was arrested by the Japanese military police in 1933 and accused of conspiring to beat a policeman to death in a crackdown on Japanese communists.[2] He denied that he had committed the crime. Miyamoto was convicted of the conspiracy charges and sentenced to life in prison. He was released 12 years later after Japan surrendered, ending World War II in 1945. His prison 26 Complaint for damages 05/24/21sentence had been annulled following an imperial decree by Emperor Hirohito. 139. Now, a descendant from the Miyamoto Family appears as Sheriff for the County of San Francisco. It seems that communism may still be flourishing in the Miyamoto Family based on the recent circumstances in Mr. Paul Miyamoto refusing and failing to enforce the Writ of Possession that was issued to Plaintiff Nguyen concerning the 609 Cambridge St. Property. 140. Defendant London Breed was informed by Plaintiff that the occupants at 609 Cambridge St. did not have consent to operate an AirBnB Business. 141. During the course of Feb. 15, 2020 through May 24, 2021, there was a Government Moratorium, which imposed “thick red tape” on any landlord attempting to evict a tenant or occupant. Defendant London Breed and the City of San Francisco had knowledge of the “thick red tape” against Unlawful Detainer Actions. 142. On or about March 15, 2020, Defendant London Breed, Mayor of San Francisco and their co-workers sent Plaintiff numerous notices that the City was imposing fines against Plaintiff Nguyen for not evicting the Tenants and Occupants from 609 Cambridge Street, because the occupants were conducting a business for Short-Term subleasing against the Local City Ordinances. 143. Plaintiff asked Jennifer Choi, the City Attorney on numerous occasions to assist Plaintiff in expediting the process of evicting or ejecting the occupants from 609 Cambridge St., but Jennifer Choi refused and failed to assist Plaintiff. 144. The City of San Francisco still has a Long List of Fines pending against Plaintiff Nguyen, which is against public policy, exemplary of Civil Extortion and not within the best interest of justice, given the circumstances. 145. Plaintiff Nguyen has made several requests to London Breed, to Jennifer Choi and to the City of San Francisco, to “rescind” the Fines and notices of potential liens on 609 Cambridge St.. However, Defendants and their colleagues have 27 Complaint for damages 05/24/21146. 147. 148. refused and failed to do so. PG & E Corporation; Pacific Gas and Electric Company, a Corporation; RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business form unknown have been informed that the occupants in the subject property at 609 Cambridge St. are not authorized to occupy the premises, and are trespassing. Nevertheless, Defendants PG & E and Recology entities have continued to offer Ele