Preview
UD-1 00
ATTORNEY 0R PARTY WITHOUT ATTORNEY
(Name, stale Bar number, and address): FOR COURT use ONLY
_STEVEN R. HRDLICKA #117557
ATTORNEY AT LAW E-FILED
122 l VAN NESS , 2ND FLOOR 7/18/2019 12:03 PM
FRESNO, CA 9372 l Superior Court of California
FRESNO, CA 93721
TELEPHONE 559 485-l453
County of Fresno
No.: FAX No(Oprianal).
ADDRESS
E-MAIL (Optional),- By: A. Rodriguez, Deputy
AwoRNEv FOR (Name): PLAINT I FF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREETADDRESS: B .F . SISK COURTHOUSE
" "
MAILING ADDRESS: 1 l30 O S TREET
CITYANDZIP CODE: FRESNO , CA 93724
BRANCH NAME: CIVIL LIMITED, CENTRAL DIVI SION
PLAINTIFF: JAMES HENDRICKS AND ASSOCIATES, INC.
DEFENDANT: OCTAVIA JOHNSON;
DOEs1To 10;
COMPLAINT — UNLAWFUL DETAINER* CASE NUMBER'
COMPLAINT D AMENDED COMPLAINT (Amendment Number): 19CECL06943
Jurisdiction (check all that apply):
ACTION IS A LlMiTED CIVIL CASE
Amount demanded does not exceed $1 0,000
E ACTION AN UNLIMITED
E exceeds $10,000 but does not exceed $25,000
CASE (amount demanded exceeds
E ACTION
IS
IS
CIVIL $25,000)
RECLASSIFIED by this amended complaint or cross-complaint (checkall that apply):
|:I
E from unlawful detainer to general unlimited
from unlawful detainer to general limited
civil
(possession not
civil
(possession not
inissue)
in issue)
E
E from limited to unlimited
from unlimited to limited
1. PLAINTIFF (name each): JAMES HENDRICKS AND ASSOCIATES, INC.
alleges causes of action againstDEFENDANT (name each): OCTAVIA JOHNSON; DOES 1 TO 10;
2. a. Plaintiffis (1) D
E anindividualoverthe age of18years. (4) D apartnership.
(2)
(3) D apublic agency.
other(spec[fy):
(5) acorporation.
b. E has complied with the
Plaintiff business
fictitious name laws and isdoing business under the name
fictitious of (specify):
3. Defendant named above is inpossession of the premises located at (street address,apt. no., and
city, zip code, county):
3835 N. THORNE AVE #D, FRESNO, CA 93705, FRESNO COUNTY
4.
5.
Plaintiff's interest
The true
in
names and
the premises is E as owner
capacities of defendants sued as Does are
other (specify): PROPERTY
unknown to plaintiff.
MANAGER
6. a. On or about (date): 12/ 12/18 defendant (name each): OCTAVIA JOHNSON;
aE
agreed to rent thepremises as a
(1)
(2)agreed topay rent of $ 775 .OO payable EE
month-to-month tenancy
monthly
othertenancy (specify):
other (specify frequency):
b,
(3)agreed
E
This
topay rent
written E
on the
oral
firstofthe month
agreementwas made with
E
other day (specify):
E
(1) plaintiff. predecessor
plaintiffs
(3) in interest.
(2) plaintiffs agent. (4) other (specify).-
*NOTE: Do not use this form for evictions after sale
(Code Civ. Proc,, §1161a)
Page1oi 3
Form Approved
for Use
Optional
Judicial Council o! Califorma
COMPLAINT_ UNLAWFUL DETAINERS figal Code
Code, § 1940 el 5qu
Civil
Procedure §§ 425.12, 1165
of Civil
UD-1oo [Rev July
1.2005} Ou 1 HS F
Pus
JAMES HENDRICKS AND ASSOCIATES, INC. CASENUMBERI
_PLA|NT|FF (Name):
DEFENDANT (Name): OCTAVIA JOHNSON;
The defendants not named item 6a are
Q
6. c. in
(1) subtenants.
(2)
(3) E assignees.
other(specify):
d. E The agreement was laterchanged as follows (specify):
e. E A copy of the written
and labeled Exhibit
agreement, including any addenda or attachments that form the basis of this complaint,
1. unless item 6f/s checked.
(Required for residential property, See Code Civ. Proc.,§
is
1
attached
166.)
A copy agreement not attached because (specify reason):
f.
(1)
(2)
E
(For residential property)
the written agreement
of the written
is
this action is solely for
not in
nonpayment of rent(Code
is
the possession of the landlord or the landlord's employees or agents.
Civ. Proc.,§ 1161 (2)).
7. a. Defendant(name each): OCTAVIA JOHNSON;
same same manner:
was served
(1)
E
the following notice on the
3-day notice to pay rent or quit
date and inthe
(4) E
E 3-day notice to perform covenants or quit
b.
(2)
(3)
(1)
E
On
30-day notice to
60-day notice to
(date): 7
quit
quit
/l 5/ 1 9
(5)
(6) D 3-day notice to quit
Other (specify):
the period statedin the notice expired at the end ofthe day.
(2) Defendants comply with the requirements ofthe notice by
failed to that date.
c.
d.
e.
E
All facts
A
stated in the notice are true.
The notice included an election of forfeiture.
copy of the notice is attached and labeled Exhibit 2.(Required for residential property.See Code Civ. Proc.,
f. D § 1166.)
One or
manner,
more
as
defendants
stated
were served
in Attachment 8c.
(1)
(Check
with a
item
different
80 and
notice.
attach a
(2) on a
statement
different
providing
date,
the
or (3) in
information
a different
required by
items 7a—e and 8 for each defendant.)
The item 7a was served on the defendant named item 7a as follows:
Snotice
8. a. in in
by personally handing a copy to defendant on
(1)
(2) E by leaving a copy with (name or description):
(date):
a person of suitable age and discretion, on (date): at defendant's
E residence
(date):
E business AND mailing a copy to defendant at defendant's place of residence on
because defendant cannot be found at defendant's residence or usual
(3)
place of business.
by posting a copy on the premises on (date): 7 / l 0/1 9
residing at the premises AND mailing a copy to defendant at the
E AND giving a copy to a person found
premises on
(date):7/10/19
(a)l: because defendant's residence and usual place of business cannot be ascertained OR
because no person of suitableage or discretioncan be found there.
(4) D (b)
(Not for 3-day notice; see Civil Code, §
addressed to defendant on
1946 before using) by sending a copy by certified or registered mail
(5) E (date):
see
(Not for residential tenancies;
commercial lease between
Civil
the'parties.
Code, § 1953 before using) inthe manner specifiedin a written
b.S (Name):
was served on behalf ofalldefendants who signed a joint written rental agreement.
c.E Information about service of notice on the defendants alleged
item 7a
initem 7f
attached and labeled Exhibit
is statedin Attachment 8c.
d. Proof of service of the notice
in is 3.
UD-100 20051
[Rev‘ JUIy
1. COMPLAINT—UNLAWFUL DETAINER Page2 of 3
_PLA|NT|FF (Name): JAMES HENDRICKS AND ASSOCIATES, INC. CASENUMBERi
DEFENDANT (Name): OCTAVIA JOHNSON;
9-
10.
E Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 2
, 2 32 .OO
11. The fair rental value ofthe premises
12.E Defendant's continued possession
section 1174(b).
is
is
$ 25 . 83
malicious, and
per day.
damages under Code
plaintiff is entitled to statutory
(State specific facts supporting a claimup to$600 inAttachment 12.)
Procedure
of Civil
13. A agreement between the
14.D written
Defendant's tenancy
and date of passage):
is
parties provides for attorney fees.
subject to the local rent control or eviction control ordinance of (City or county,
of ordinance,
title
has met
15.
16.
D Plaintiff allapplicable requirements ofthe ordinances.
Other allegations are stated
accepts thejurisdictional
Plaintiff
inAttachment 15.
limit,
ifany, ofthe court.
17. PLAINTIFF REQUESTS
a. possession of the premises. f. damages at the rate stated in item
11from
b. costs incurredin thisproceeding: (date): 8/l/l9 foreach day that
c. past-due rent of $ 2 2 32 00
D defendants remain possession through entry ofjudgment.
.
, in
d. reasonable attorney fees. g. statutorydamages up to$600 for theconduct alleged in
e. ofthe agreement.
forfeiture
h. E item 12.
other (specify):
18. Number of pages attached (specify):3
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 5400—6415)
19‘ (Complete
with this form.
cases.)
in all An unlawful detainer assistant
has received any help or advice
(If plaintiff
did not
for pay from
D did for compensation give advice or assistance
an unlawful detainer assistant, state):
a.Assistant's name: c. Telephone No.2
b.Street address, city,and zip code: d. County of registration:
e. Registration No.2
f.Expires on (date):
3
Date: 7/18/2019
STEVEN R. HRDLICKA #117557 ’ *'~. W
OR PRINT NAME)
(TYPE (SIGNATURE OF PLKINTIFF OR ATTORNEY)
VERIFICATION
(Use a form
different verification ifthe verificationisby an attorney or for a corporation or partnership.)
Iam the proceeding and have read this complaint.
plaintiff in this |declare under penalty of perjury under the laws ofthe State of
California that the foregoing is true and correct.
Date:
>
(TYPEOR PRINT NAME) (SIGNATURE OF PLAINTIFF)
”040° [Rel
JU'V 1- 20°51
COMPLAINT—UNLAWFUL DETAINER Page3 of 3
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF FRESNO
lhavereadthe foregoing COMPLAINT FOR UNLAWFUL DETAINER
D |am a party to this action.
E
The
CHECK APPLICABLE
matters stated in
PARAGRAPHS
the foregoing document are true ofmy own
and know
knowledge
itscontents.
except as to
those matters which are stated on information and
lam
ASSOCIATES,
E an Officer
INC.
D a panner
and as
belief,
an
tothose matters
AGENT
|believe
of
them to
JAMES
be true.
HENDRICKS AND
,
am
a party to
reason.
true.
Dthisaction.
|am
The matters
and
informed
stated
authorized
and
in
believe
to
and
the foregoing
make
on
this
that
verification
ground
document are
for
allege
true of
and
that
my own
on
the
itsbehalf,
matters
knowledge,
and
stated
l
in
make this verification
the foregoing
for that
document are
except as to those matters which are
stated on information and belief,and as to those matters |believe them tobe true.
:1 |am one ofthe attorneys for
a party to this action.Such party is absent from the county of aforesaid where such attorneys have their offices,and l make‘
this verification
for and on behalf of that party forthat reason. |am informed and believe and on thatground allege that
the matters stated inthe foregoing document are true.
Executed on 7/18/2019 ,at FRESNO .
California.
|declare under penalty of perjury under the laws of the State of California that the foregoing
istrueand correct;
'
c '
-‘
”a (“Ln ‘1g.
I
;
KENNETH HENDRICKS /9/y
.
laldvthEJ/LV .
‘
Type or Name
Print L
Signaiure
‘
PROOF OF SERVICE
1013a CCP
(3) Revised 5/1/88
STATE OF CALIFORNIA, COUNTY 0F
|am employed in the county of .
State of California.
|am over the age of 18 and not a party to the within
action; my business address is:
On, lserved the foregoing document described as
on
D
E by placing D the originala
by placing the true copies thereof enclosed insealed envelopes addressed as stated on the attached mailing
a true copy thereof enclosed insealed envelopes addressed as follows:
list:
action
in this
E BY MAIL
E *I
deposited such envelope inthe mail at
,
California.
The envelope was mailed with postage thereon fully prepaid.
GAS follows: |am "readily familiar"with the firm'spractice of collectionand processing correspondence for mailing.
Under that practice itwould be deposited with U.S. postal service on that same day with postage thereon fullyprepaid at
California in the ordinary course of business.
I am aware that on motion ofthe
party served, service is presumed invalidifpostal cancellation date or postage meter date ismore than one day after date of
deposit for mailingin affidavit.
Executed on
E **(BY
Executed on
PERSONAL SERVICE) I
,
at
delivered such envelope by hand to the offices of the addressee.
at
,
California.
,
.
California.
E(State) Ideclare under penalty of perjury under the laws of the State of California that the above is true and
correct.
E(Federal) |declare that |am employed in the office of amember of the bar of this court at whose direction the service was
made.
Type or Name
Print
Signature
SIGNATURE MUST BE OF PERSON DEPOSITING ENVELOPE
'(BY MAIL IN
OR BAG)
MAIL SLOT. BOX.
"(FOR PERSONAL SERVlCE SIGNATURE MUST BE THAT OF MESSENGER)
9g Rev. 7/99
So utlons
us
TO: Octavia Johnson
All residents (tenants and sublenants) in possession and
allothers in possession
YOU ARE HEREBY NOTIFIED that there isa defaultin thepayment ofrent for the premises located
3835 N Thorne Avenue unit number D in the city of Fresno California 93705.
WITHIN THREE DAYS after service on you of this Notice, you are hereby required toPAY to Owner
or Owner’s Agent, the rcnt now due and owing for the premises in the total sum of
Two Thousand Two Hundred and Thiny-Two OO/IXX Dollars ($2232.00) calculated as follows:
Original Amount Due
Period for which Rent isDue: Amount Due Amount Paid and Unpaid
From 07-01-19 through 07-31-19 $ 775.00 $ 00.00 775.00
$ .
From 06-01-19 through 06-30—19 $ 775.00 $ 00.00 775.00.
$
From 05-01-19 through 05-31-19 $ 775.00 $ 93.00 682.00.
$
OR QUIT AND DELIVER POSSESSION OF THE PREMISES.
Ifyou to
fail pay the amount demanded notice or to vacate and deliver the premises t0 the person designated
in this
herein within three days, the
Owner elects to declare the forfeiture
ofyour Rental Agreement 0r Lease and legal
proceedings will be brought against you to (l) recover possession ofthe
premises; (2) recover the rent covered in
this notice (3) recover damages for each day that
you occupy the premises afier the period covered in this notice;
and (4) recover costs and attomey’s fee as allowed by law.
The owner may also be entitled to statutory damages of
sixhundred dollars ($600.00) in accordance with California law for willful and deliberate
holding over. A negative
credit report reflecting
on your credit history may be submitted to a credit reporting agency ifyou fail to
fulfill the
terms ofyour credit obligations.This notice supersedesallprevious Three-Day Notices to Pay Rent or Quit, ifany.
The name, telephone number and address ofthe person 0r entity towhom be paid
rent shall is:
Name: James Hendricks & Associates/ Telephone No.: 559 243-1000
Address: 4949 N.CrystalAvenue. Ste. I40. Fresno, CA 93705
Payments made in person may be delivered t0 the person or entity noted above between
the hours of
8:00-12:00 D.m. and 1:00 — 5:00 D.m. 0n the following days ofthe week: Monday through Friday.
You have 10 days within which to discuss the proposed termination of
your tenancy with the Landlord. Ifyou
request a meeting, the landlord agrees to discuss the proposed termination
with you. [f a lawsuit is filed, you have
the right to defend the action in court.
Ifthe tenancy will terminate,
you have thc option to request an initial inspection of your unit before you move and
be presentat the inspection.Please contact the Owner/Agent as set forth above to request an
initial inspection.
,1 ,.
.
fl
Date: July 10, 2019 -,.-'"/-
Owr71er/Agent
DECLARATION OF SERVICE OF NOTICE TO TENANT
I,the undersigned, declare that at the time
of service ofthe papers herein
referredl0,
l was eighteen
at least ( 8)
|
years of age, and that
lserved the following check notice:
g 3 -~
Day Noticeto Pay Rent 0r Quit
D l0— Day Notice toPay Rent or Quit
30-Da y Notice
D toTermination of‘Tenancy
D Other 90 day Notice of Change ofMonthly Rent.
On the following resident(s) Octavia Johnson (I .m.
3835 N. Thorne ave Apt.D
Fresno,CA 93 705
Onthe 10‘“ dayof July , 2019
KEY DELIVERING a copy 0fthe Notice to each ofthe
above-named PERSONALLY
resident(s)
OR
D BY LEAVING a copy for each ofthe above-named residents with a person ofsuitable age and discretion at
the residence or usual place of business ofthe resident(s), said
resident(s) being absent thereof;
AND MAILING By first class mail 0n said date a copy t0 each resident by depositing said copies in the United
States Mail, in a sealed envelope, with postage fully prepaid, addressed
to the above-named resident(s) at their
place of residence.
OR
BY POSTING a copy for each 0fthe above-named resident(s)
in aconspicuous place on the property
therein described, there being
no person of suitable age or discretion
t0be found at any known place of residence
or business ofsaid residence.
AND MAILING by first class mail on the same day as posted, a copy to each resident by depositing said
copies United States Mail, in a sealed envelope with postage fully prepaid,
in the