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  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
  • James Hendricks and Associates, Inc. vs. Octavia Johnson32 Limited - Residential Under $10,000 document preview
						
                                

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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