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`Jonathan E. Sommer (SBN 209179)
`Abram P. Petersen (SBN 254832)
`Ian E. Browning (SBN 262246)
`Gabriel A. Peixoto (SBN 306758)
`LUBIN OLSON & NIEWIADOMSKI LLP
`The Transamerica Pyramid
`600 Montgomery Street, 14th Floor
`San Francisco, California 94111
`Telephone:
`(415) 981-0550
`Facsimile:
`(415) 981-4343
`jsommer@lubinolson.com
`apetersen@lubinolson.com
`ibrowning@lubinolson.com
`gpeixoto@lubinolson.com
`
`Attorneys for Defendants
`VERITAS INVESTMENTS, INC., et al.
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`COUNTY OF SAN FRANCISCO
`
` Case No. CGC-18-570435
`
`DECLARATION OF SCOTT MOORE IN
`SUPPORT OF MOTION FOR SUMMARY
`JUDGMENT AND/OR SUMMARY
`ADJUDICATION AGAINST PLAINTIFFS
`
`September 1, 2022
`Date:
`Time:
`9:30 a.m.
`Dept.:
`501
`
`
`Action Filed:
`Trial Date:
`
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`06/17/2022
`Clerk of the Court
`BY: EDNALEEN ALEGRE
`Deputy Clerk
`
`October 11, 2018
`October 3, 2022
`
`LANCE EVANDER, et al.,
`
`Plaintiffs,
`
`v.
`
`VERITAS INVESTMENTS, INC., et al. and
`DOES 1 through 20, inclusive,
`
`Defendants.
`
`
`
`
`I, Scott Moore, declare as follows:
`1.
`I am a Senior Director of Property Management with Defendant GreenTree
`Property Management, Inc. (“GreenTree”). I have personal knowledge of the facts set forth
`herein, and if called as a witness, I could and would competently testify thereto.
`2.
`The majority of Defendants named in this lawsuit are single asset entities with no
`employees that hold title to apartment buildings throughout San Francisco on behalf of various
`investors. Defendant Veritas Investments, Inc. (“Veritas”) is related to GreenTree and provides
`asset management services regarding these buildings. GreenTree provides property management
`
`07039.00920/1255206v1
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`1
`DECLARATION OF SCOTT MOORE
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`

`

`(cid:13)(cid:24)(cid:18)(cid:26)(cid:17)(cid:21)(cid:20)(cid:23)(cid:1)(cid:14)(cid:23)(cid:27)(cid:19)(cid:22)(cid:24)(cid:25)(cid:19)(cid:1)(cid:16)(cid:13)(cid:10)(cid:1)(cid:5)(cid:15)(cid:14)(cid:7)(cid:9)(cid:12)(cid:5)(cid:4)(cid:2)(cid:12)(cid:7)(cid:8)(cid:12)(cid:2)(cid:5)(cid:4)(cid:14)(cid:13)(cid:2)(cid:9)(cid:11)(cid:7)(cid:7)(cid:2)(cid:8)(cid:8)(cid:15)(cid:3)(cid:9)(cid:13)(cid:3)(cid:12)(cid:13)(cid:4)(cid:15)(cid:6)
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`for these buildings.
`3.
`As part of my role at GreenTree, I oversee the Regional Property Managers,
`Assistant Property Managers, Resident Managers and Satellite Managers that handle the day-to-
`day service for the buildings managed by GreenTree. I have reviewed GreenTree’s files and
`documentation for the buildings referenced below, including the files and documentation provided
`by previous owners and property managers.
`Plaintiffs that do not qualify as ‘tenants’ under the SF Rent Ordinance
`4.
`Defendant 1819 Golden Gate I1, LLC is a single asset entity that took title to the
`apartment building located at 1819 Golden Gate Avenue, San Francisco, California on December
`29, 2014 and still owns the building as of the date of this declaration. See, Request for Judicial
`Notice filed herewith (“RJN”), Ex. 2. GreenTree began managing the building at this time. The
`rent roll and other records of the previous ownership showed that Fabian Herd was the sole
`leaseholder for Apt. #2 pursuant to a lease he signed in February 1995. A true and correct copy of
`this lease is attached hereto as Exhibit 1. Neither GreenTree nor any other representative of the
`current owner entered into any subsequent tenancy agreements with Selina Keene or approved her
`as a subtenant for Apt. #2.
`5.
`Defendant 57 Taylor Street I7, LP (“57 Taylor Street I7”) is a single asset entity
`that took title to the apartment building located at 57 Taylor Street, San Francisco, California on
`June 29, 2017 and still owns the building as of the date of this declaration. See, RJN, Ex. 3.
`GreenTree began managing the building at this time. The rent roll and other records of the
`previous ownership showed that the operative lease for Apt. #318 was with Luis, Miguel and
`Enrique Gomez pursuant to a lease entered into with the three in or around June 2005. A true and
`correct copy of this lease is attached hereto as Exhibit 2. Neither GreenTree nor the current owner
`entered into any subsequent tenancy agreements with Germain or Miguel Gongora. Neither
`GreenTree nor the current owner approved either as subtenants for Apt. #318.
`6.
`Defendant 336-350 Judah I3, LP (“336-350 Judah I3”) is a single asset entity that
`took title to the apartment building located at 350 Judah Street on December 11, 2015 and still
`owns the building as of the date of this declaration. See, RJN, Ex. 4. GreenTree began managing
`
`07039.00920/1255206v1
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`2
`DECLARATION OF SCOTT MOORE
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`

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`(cid:13)(cid:24)(cid:18)(cid:26)(cid:17)(cid:21)(cid:20)(cid:23)(cid:1)(cid:14)(cid:23)(cid:27)(cid:19)(cid:22)(cid:24)(cid:25)(cid:19)(cid:1)(cid:16)(cid:13)(cid:10)(cid:1)(cid:5)(cid:15)(cid:14)(cid:7)(cid:9)(cid:12)(cid:5)(cid:4)(cid:2)(cid:12)(cid:7)(cid:8)(cid:12)(cid:2)(cid:5)(cid:4)(cid:14)(cid:13)(cid:2)(cid:9)(cid:11)(cid:7)(cid:7)(cid:2)(cid:8)(cid:8)(cid:15)(cid:3)(cid:9)(cid:13)(cid:3)(cid:12)(cid:13)(cid:4)(cid:15)(cid:6)
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`the building in November 2013 when it was purchased by 336-350 Judah C1, LLC (“336-350
`Judah C1”). See, RJN, Ex. 5. The rent roll and other records of the previous owner (336-350
`Judah C1) and the ownership before that entity showed that Stephen Wilson was the sole
`leaseholder for Apt. #505 pursuant to a lease entered into with Mr. Wilson or around June 1993.
`A true and correct copy of that lease is attached hereto as Exhibit 3. Neither GreenTree, 336-350
`Judah C1 nor 336-350 Judah I3 entered into any tenancy agreements with Mary Wilson or
`approved her as a subtenant for Apt. #505.
`7.
`Defendant 655 Powell I5, LLC is a single asset entity that took title to the
`apartment building located at 655 Powell Street, San Francisco, California on July 19, 2016 and
`still owns the building as of the date of this declaration. See, RJN, Ex. 6. GreenTree began
`managing the building at this time. The rent roll and other records of the previous ownership
`showed that Karen McMillan was the sole leaseholder for Apt. #504 pursuant to a lease she signed
`in November 2007. A true and correct copy of this lease is attached hereto as Exhibit 4. Neither
`GreenTree nor the current owner entered into any subsequent tenancy agreements with Marcelo
`Farias or approved him as a subtenant for Apt. #504.
`8.
`Defendant 516 Ellis I7, LP (“516 Ellis I7”) is a single asset entity that took title to
`the apartment building located at 516 Ellis Street, San Francisco, California on June 29, 2017 and
`still owns the building as of the date of this declaration. See, RJN, Ex. 7. GreenTree began
`managing the building at this time. The rent roll and other records of the previous ownership
`showed that Cesar Serrano was the sole leaseholder for Apt. #504 pursuant to a lease he signed in
`January 2008. A true and correct copy of this lease is attached hereto as Exhibit 5. Neither
`GreenTree nor the current owner entered into any subsequent tenancy agreements with Jose
`Najera or approved him as a subtenant for Apt. #504.
`9.
`Defendant 2619 Mission I2, LLC is a single asset entity that took title to the
`apartment building located at 2619 Mission Street, San Francisco, California on February 6, 2015
`and still owns the building as of the date of this declaration. See, RJN, Ex. 8. GreenTree began
`managing the building at this time. The rent roll and other records of the previous ownership
`showed that Ana Escandon was the sole leaseholder for Apt. #34 pursuant to a lease she signed in
`
`07039.00920/1255206v1
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`3
`DECLARATION OF SCOTT MOORE
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`
`
`

`

`(cid:13)(cid:24)(cid:18)(cid:26)(cid:17)(cid:21)(cid:20)(cid:23)(cid:1)(cid:14)(cid:23)(cid:27)(cid:19)(cid:22)(cid:24)(cid:25)(cid:19)(cid:1)(cid:16)(cid:13)(cid:10)(cid:1)(cid:5)(cid:15)(cid:14)(cid:7)(cid:9)(cid:12)(cid:5)(cid:4)(cid:2)(cid:12)(cid:7)(cid:8)(cid:12)(cid:2)(cid:5)(cid:4)(cid:14)(cid:13)(cid:2)(cid:9)(cid:11)(cid:7)(cid:7)(cid:2)(cid:8)(cid:8)(cid:15)(cid:3)(cid:9)(cid:13)(cid:3)(cid:12)(cid:13)(cid:4)(cid:15)(cid:6)
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`January 2005. A true and correct copy of this lease is attached hereto as Exhibit 6. Neither
`GreenTree nor the current owner entered into any subsequent tenancy agreements with Alvaro
`Fortiz or approved him as a subtenant for Apt. #34.
`10.
`Defendant 781 O’Farrell I7, LP (“781 O’Farrell I7”) is a single asset entity that
`took title to the apartment building located at 781 O’Farrell Street, San Francisco, California on
`June 29, 2017 and still owns the building as of the date of this declaration. See, RJN, Ex. 9.
`GreenTree began managing the building at this time. The rent roll and other records of the
`previous ownership showed that Jan Liang Zhen was the sole legal tenant for Apt. #202, and there
`were no records indicating that Mei Ying Chen had been accepted as a tenant or approved as a
`subtenant. Neither GreenTree nor the current owner entered into any subsequent tenancy
`agreement with Ms. Chen or approved her as a subtenant.
`Plaintiffs that do not have written lease agreements for their tenancies.
`11.
`Defendant 1440 Sutter Street, LLC is a single asset entity that took title to the
`apartment building located at 1440 Sutter Street on November 28, 2011 and still owns the building
`as of the date of this declaration. See, RJN, Ex. 10. GreenTree has managed the building
`throughout this ownership. There was no written lease agreement in place for Plaintiffs Yolanda
`Sullon and Lidia Sullon at Apt. #104 from the previous ownership. Neither GreenTree nor the
`current owner entered into any subsequent written lease agreement with the Sullons for tenancy at
`this apartment.
`12.
`Defendant 2730 Sacramento I4, LLC is a single asset entity that took title to the
`apartment building located at 2730 Sacramento Street, San Francisco, California on January 19,
`2016 and still owns the building as of the date of this declaration. See, RJN, Ex. 11. GreenTree
`began managing the building at this time. There was no written lease agreement in place for
`Plaintiffs Geoff Hecht and Kimberly Hecht at Apt. #3 from the previous ownership. Neither
`GreenTree nor the current owner has entered into any subsequent written lease agreement with the
`Hechts for tenancy at this apartment.
`13.
`Defendant 698 Bush C1, LP (“698 Buch C1”) is a single asset entity that took title
`to the apartment building located at 698 Bush Street, San Francisco, California on May 29, 2014.
`
`07039.00920/1255206v1
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`4
`DECLARATION OF SCOTT MOORE
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`

`

`(cid:13)(cid:24)(cid:18)(cid:26)(cid:17)(cid:21)(cid:20)(cid:23)(cid:1)(cid:14)(cid:23)(cid:27)(cid:19)(cid:22)(cid:24)(cid:25)(cid:19)(cid:1)(cid:16)(cid:13)(cid:10)(cid:1)(cid:5)(cid:15)(cid:14)(cid:7)(cid:9)(cid:12)(cid:5)(cid:4)(cid:2)(cid:12)(cid:7)(cid:8)(cid:12)(cid:2)(cid:5)(cid:4)(cid:14)(cid:13)(cid:2)(cid:9)(cid:11)(cid:7)(cid:7)(cid:2)(cid:8)(cid:8)(cid:15)(cid:3)(cid:9)(cid:13)(cid:3)(cid:12)(cid:13)(cid:4)(cid:15)(cid:6)
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`See, RJN, Ex. 12. 698 Buch C1 transferred title to the building on December 17, 2019. See, RJN,
`Ex. 13. GreenTree managed the building throughout 698 Buch C1’s ownership. There was no
`written lease agreement in place for Plaintiff Gunvant Shah at Apt. #506 from the previous
`ownership. Neither GreenTree nor 698 Buch C1 entered into any written lease agreement with
`Mr. Shah for tenancy at Apt. #506. Likewise, there was no written lease agreement in place for
`Plaintiff Alix Myrthil at Apt. #303 from the previous ownership. Neither GreenTree nor 698 Bush
`C1 entered into any written lease agreement with Mr. Myrthil for tenancy at Apt. #303. Likewise,
`there was no written lease agreement in place for Plaintiff Sook Fung at Apt. #698 from the
`previous ownership. Neither GreenTree nor 698 Bush C1 entered into any written lease
`agreement with Ms. Fung for tenancy at Apt. #698.
`14.
`Defendant 665 Pine I7, LP is a single asset entity that took title to the apartment
`building located at 665 Pine Street, San Francisco, California on June 22, 2017 and still owns the
`building as of the date of this declaration. See, RJN, Ex. 14. GreenTree began managing the
`building at this time. There was no written lease agreement in place for Plaintiff Florence Norman
`at Apt. #503 from the previous ownership. Neither GreenTree nor the current owner has entered
`into any subsequent written lease agreement with Ms. Norman for tenancy at Apt. #503.
`Likewise, there was no written lease agreement in place for Plaintiff John Hughes at Apt. #902
`from the previous ownership. Neither GreenTree nor the current owner has entered into any
`subsequent written lease agreement with Mr. Hughes for tenancy at Apt. #902.
`15.
`There was no written lease agreement in place for Plaintiffs Me Ying Chen and
`Jian Liang Zhen at Apt. #202 from the previous ownership of 781 O’Farrell Street. Neither
`GreenTree nor 781 O’Farrell entered into any subsequent written lease agreement with Ms. Chen
`for tenancy at this apartment.
`Additional Plaintiffs that are not parties to written lease agreements.
`16.
`Defendant 916 Pacific I5, LLC is a single asset entity that took title to the
`apartment building located at 916 Pacific Avenue, San Francisco, California on December 14,
`2016 and still owns the building as of the date of this declaration. See, RJN, Ex. 15. GreenTree
`began managing the building at this time. The written lease agreement in place for Apt. #14 is
`
`07039.00920/1255206v1
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`5
`DECLARATION OF SCOTT MOORE
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`(cid:13)(cid:24)(cid:18)(cid:26)(cid:17)(cid:21)(cid:20)(cid:23)(cid:1)(cid:14)(cid:23)(cid:27)(cid:19)(cid:22)(cid:24)(cid:25)(cid:19)(cid:1)(cid:16)(cid:13)(cid:10)(cid:1)(cid:5)(cid:15)(cid:14)(cid:7)(cid:9)(cid:12)(cid:5)(cid:4)(cid:2)(cid:12)(cid:7)(cid:8)(cid:12)(cid:2)(cid:5)(cid:4)(cid:14)(cid:13)(cid:2)(cid:9)(cid:11)(cid:7)(cid:7)(cid:2)(cid:8)(cid:8)(cid:15)(cid:3)(cid:9)(cid:13)(cid:3)(cid:12)(cid:13)(cid:4)(cid:15)(cid:6)
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`with Man Wai Tam. A true and correct copy of this lease is attached hereto as Exhibit 7. Plaintiff
`Chia Yu Tam is not a party to this lease and there are no records from the previous ownership
`showing that she had subsequently been added to the lease. Neither GreenTree nor the current
`owner has entered into any amendment or other agreement adding Ms. Tam as a party to this
`lease.
`17.
`The written lease agreement in place for Apt. #201 at 516 Ellis Street is with Mae
`Cornish. A true and correct copy of this lease is attached hereto as Exhibit 8. Plaintiff Gloria
`Fortier is not a party to this lease and there are no records from the previous ownership showing
`that she had subsequently been added to the lease. Neither GreenTree nor 516 Ellis I7 entered into
`any amendment or other agreement adding Ms. Fortier as a party to this lease.
`18.
`Defendant 1025 Sutter I5, LLC is a single asset entity that took title to the
`apartment building located at 1025 Sutter Street, San Francisco, California on August 23, 2016
`and still owns the building as of the date of this declaration. See, RJN, Ex. 16. GreenTree began
`managing the building at this time. The written lease agreement in place for Apt. #302 is with
`Henry Lam. A true and correct copy of this lease is attached hereto as Exhibit 9. Plaintiff Taylor
`Khov is not a party to this lease and there are no records from the previous ownership showing
`that she had subsequently been added to the lease. Neither GreenTree nor the current owner has
`entered into any amendment or other agreement adding Ms. Khov as a party to this lease.
`19.
`The written lease agreement in place for Apt. #305 at 781 O’Farrell Street is with
`Lui Man Fat. A true and correct copy of this lease is attached hereto as Exhibit 10. Plaintiff Shun
`Mei Zhu is not a party to this lease and there are no records from the previous ownership showing
`that she had subsequently been added to the lease. Neither GreenTree nor 781 O’Farrell I7
`entered into any amendment or other agreement adding Ms. Zhu as a party to this lease.
`20.
`The written lease agreement in place for Apt. #102 at 781 O’Farrell Street is with
`Shun Mei Zhu. A true and correct copy of this lease is attached hereto as Exhibit 11. Plaintiff Li
`Kuang is not a party to this lease and there are no records from the previous ownership showing
`that he had subsequently been added to the lease. Neither GreenTree nor 781 O’Farrell I7 entered
`into any amendment or other agreement adding Mr. Kuang as a party to this lease.
`
`07039.00920/1255206v1
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`6
`DECLARATION OF SCOTT MOORE
`
`
`
`

`

`(cid:13)(cid:24)(cid:18)(cid:26)(cid:17)(cid:21)(cid:20)(cid:23)(cid:1)(cid:14)(cid:23)(cid:27)(cid:19)(cid:22)(cid:24)(cid:25)(cid:19)(cid:1)(cid:16)(cid:13)(cid:10)(cid:1)(cid:5)(cid:15)(cid:14)(cid:7)(cid:9)(cid:12)(cid:5)(cid:4)(cid:2)(cid:12)(cid:7)(cid:8)(cid:12)(cid:2)(cid:5)(cid:4)(cid:14)(cid:13)(cid:2)(cid:9)(cid:11)(cid:7)(cid:7)(cid:2)(cid:8)(cid:8)(cid:15)(cid:3)(cid:9)(cid:13)(cid:3)(cid:12)(cid:13)(cid:4)(cid:15)(cid:6)
`
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`
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`Executed on this 16th day of June, 2022, at San Francisco, California.
`
`
`Scott Moore, Declarant
`
`07039.00920/1255206v1
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`7
`DECLARATION OF SCOTT MOORE
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`

`
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`
`
`
`
`Vee
`GAETANI REALTY, INC.
`4444 Geary Boulevard
`SanFrancisco, CA 94118-3048
`415-668-1202 * Fax: 415-668-3307
`
`TECICC 37
`
`
`
`Tenant Rental Agreement
`RECEIVED FROM__Fabian Hevd —
`_ herinafter referred tu as Tenant,
`DOLLARS,
` the sumof $ One Thorsen d Twe Hund ved Niet ] One t hed ee
`evidenced by Cashiers CheelZ
`_ as adeposic which, upon acceptanceof this rental agreement, the Owner
`of the promises, hereinafter referred to as Owner, shall applysaid deposir as follows:
`TOTAL
`
`RECEIVED
`
`BALANCE DUE.
`PRIOR TO OCCUPANCY
`
`one
`Wh,
`?
`/ —
`|
`os
`.
`
`
`
`Renrfortheperiodfrom 4 ias ro 29 45 $. o Tie.go -_ Tie- ob
`
`$
`=
`Ac A,
`
`
`
`Securitydeposit(notapplicabletowardlastmonth'srene) $_ 175.00 $ ha oO
`
`
`
`(i A f = .
`oe _4
`—
`Other _
`‘ A
`. o--
`_
`$
`$
`
`
`
`Orher ee3OF=, _ $ 3. : =
`
`
`
`
`
`
`
`TOTAL
`5 zee5 "2410 ¢ =o
`
`6 —_—
`THIS AGREEMENTis entered into this, af} Ts
`day of
`, 19
`, by and between
`Om
`Baetaus Rev hy
`jens
`“OWNER.” and,
`.
`Falouiwr Heed
`-
`“TENANT.”
`WITNESSETH:Thatfor theconsideration ofrent payments and the rental agreement as herein stated,OWNER rents to the TENANT,
`:
`.
`at
`and theTENANThiresthepremisesknowas:_
`{ 514 6e Idens beite Ave
`12 Zz
` é
`é
`| TERM:Thetermofthis agregment shall commence
`a| 4
`; 9 is”
`_, andshall continue through
`i
`ay
`__
`19 ‘4th
`and thereafter on a month-to-month basis until either party terminates the agreement ae
`set forth in Paragraph #22 herein.
`=
`pee
`2) RENT: The minimum monthly rent for the premises shall be ;_2 qs — _ due and payable on he Ist day of each andevery
`month. Rent paymenc will be in the form ofonecheck or money order per rental unit, Qwner shall accept rent only from named
`Tenant(s) on the lease. Rentshall be paid to the Ownerat Owner's current address or any other place su designated by the Owner or
`his Agent. Minimum monthly rent for any partial monthshall be pro-rared at the rate of 1/30th ofthe monthly rene perday.
`Rent should he mailed w Gavtani Realty Inc., 4444 Geary Boulevard, San Francisco, CA 94118-3048,
`oe
`3.
`SECURITY DEPOSIT: Tenancstall pay im advance a Security Deposit ofS_ 715 —~_, which is paid to Owner as an
`inducement to execute this agreement and to insure Tenant's faithful performance of this agreement. Chyner may retain such
`amounts of rhis Security Depusir as are reasanably necessary to remedy Tenant defaults, cleaning charges and damages as allowed by
`law. Qwnerwill refund co Tenant the difference between the Security Deposit and the tatal casts, if uny, within 2! days ofthe lease
`termination andthe returt of all keys. A full accounting ofany costs will be mailed, along with the balanceof the Security Deposit,
`ro Tenant's last knownaddress unless otherwise directed by Tenant, in writing. Tenanr may NOTapply the Security Deposit, nor
`any portion thereof, to the last month’s rene. Ifcharges made upan termination oftenancy exceed the remaining Security Deposit
`held by Owner, Tenantshall remain liable to Qwnerfor the excess charges. [fany portion ofthe Security Deposit is applied by
`Owner to any obligations of Tenant at any tune during the tenancy, Tenant shall be liable, upon. 5 days written notice, to retnstare
`the full amount ofthe Security Deposit.
`4 LATE CHARGES & CHARGES FOR RETURNED CHECKS:IfOwner/Agent fails to receive rent from Tenant by Spm on
`the Ist day ef the month in which rentis due, ‘Tenant agrees to pay 5 as.et
`asa charge for rhe late paymentofsuch rent. Late
`charges will not_be waived due to postal delays. The lare charge shall be immediately due and payable with such rent. Failure to pay
`the late charge shall constitute a default under the terms of this agreement. Owner and Tenant agree that the late charge is presumed
`to he damagessustained because ofTenant's late paymentof rent, and thatit 1s extremelydifficult cofix actual damages. In the event
`that Tenane pays the rene or any other payment required bythis Agreemenr with a check which is returned to Owner due to
`insufficient funds, or for any other teasun, Tenant agtces to pay to Owner the additional sum of$25 as a reimbursement ofthe
`adtninistrative expense. Such charge shall be immediately due and payable upon notice to Tenant.Failure to imumediarely pay the
`charge shall constitute a default under the terms of this agreement. Ownerreserves the right to demand Certified Funds forall fucure
`payments in the event of any such. returned check or other defaulted payment.
`5
`PARKING;Premises does NOT include aparking space far any motor vehicles, noris parking penmitred anywhere on or abour
`suid premises, unless specified herein: Ne Vav Leng
` ————_—_—§Inthe evene parkingis
`specified,Tenantagrees tousethe parkingspace cchattelyforthe parkingofmotor vehicles: excluding trailersofany kind, boats,
`campers, buses, or trucks larger then a one-ton pickup. Absolutely NO mechanical work and NOstorage ofany kind shall be
`permitted in the parking areas,
`Continued on next page
`
`DEF000176913
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`

`6
`
`STORAGE: Noadditionalstoraye space ourside of premises is authorized, permitted or provided unless specified herein:
`Sheva
`lL .
`_
`:
`In the event storage is
`specified, Tenant releases Ownerfrom anyliability for loss or damage to Tenant's property while stored on thesaid premises. Any
`property stored on the premises shall be removed immediately upon termination oftenancy, In the event such property is nut so
`removed, Management maydispose ofsane without aityliability to Tenant whatsoever. Ownerreserves the tight to inspect all such
`storage areas and require necessary removalor clean-upas it deems necessary torthe health and safetyof the premises and its occupants. Na
`storage of any kind will he permitred on fire escapes or in other commonareas,
`
`_adultsand 727 children, Any additional residents shall
`7 USE/OCCUPANCY:The premises shall be occupied by “Tt ~
`cause rental to be increased hy $ Sb,00 per month for each such resident. Any person residing on the premises for more than
`10) consceutive days shall be subject to the termsof this paragraph. Persons staying more than 14 consecutive days or more than 10)
`days in any calendar year shall be considered subrenants of Tenant. Tenant must inform Owner in writing of the presence of any
`subtenants within 1O days upon the occupancy of any such subtenants. It is understood rhar the premises is to be used exclusively for
`residential purposes. Retail ar other commercial use is prohibited.
`
`§ ASSIGNMENT AND SUBLETTING;Tenantshall NOT assizn any portion of this Agreement, Notwithstanding the
`provisions of paragraph #7 above, Tenant may only sublet under this Agreementprovided the following conditions are met: a) the
`total number ofoccupants does not exceed the number permitted by law; b) Owner is informed, inwriting,priorro the subletting
`and written consent is requested by Tenant; ¢) every prospective sublettee completes and signs Owner's Rental Application form,
`and delivers samc 19 Owner; d) every prospective sublettee completes andsigns and delivers Owner's Sublet Agreement; e) Owner
`gives written consent to thesubletting; f) the original Tenant remains in possession; g) the original Tenant shall remainliable for
`full performance under the terms ofthis lease until such time as Owner recovers possession ofthe premises.
`9
`OU obs ‘Tenantshall
`yay fy
`allutilities, servicesand chargesforpremises EXCEPT for those listed herein and paidforby Owner:
`
`d
`dogs, cats, bitds or other animals arc allowed on or about the premises, without Owner's prior written consent,
`10 PETS: NOpets,
`excepting guide, service or signal dogs pursuant to California Civil Code Sections 54.1 and 34.2. Upon Owner's consenr, a Per
`Agreement shall be completed, signed andmade part of this Agreement.
`
`INDIVIDUAL LIABILITY: Each Tenant, as undersigned, whetherin actualpossession or net, shall be jointly and severally
`11
`responsible for the full paymentofrent ot other obligations hereunder, andforall damages to the demised premises caused or permitted by
`Tenancs, their guests or invitees,
`
`12 WATERBEDS: Waterbeds and/orliquid filled fumivure are PROHIBITEDin accordance with Civil Code Scetion 1940.5. If
`the premises are located in a structure for which a Certificate ofOccupancy wasissued after January1, 1973, then such furniture may
`be permitted only upon written consent of Owner, upon the completion of a Waterbed Agreement, and subject to continued
`compliance by Tenant ofall provisions therein.
`
`13° ROOF: Use of the rooffor any purpose by Tenants and/or guests is NOT pennitted.
`
`INSPECTION OF PREMISES:Tenanthas inspected the premises, furnishings and equipment, where applicable, and has
`14
`foundthe same to be satisfactory, All plumbing, heating andelectrical systems are uperative and deemed satistactory by Tenant if
`Owneris not notified to the contrary within 48 hours of occupancy of the premises.
`
`days at the commencement
`15 PHYSICAL POSSESSION: [f Owner is unable to deliver possessionof the premises within at
`hereof, Ownershiall not be liable for any damage caused thereby, nor shall this Apreement be void or voidahle, but Tenantshall not be
`liable for any rent until possession is delivered.
`
`16 MAINTENANCE AND REPAIRS:Tenantshall, at Tenant's expense,ar all times maintain the premises, furnishings and
`appliances,if any, in a clean and good condition and shall surrender the same upon termination of tenancyin the same condition us
`received (cacepting normal wear and tear). Tenant understands thar Tenantis responsible for repair ofALL damages in and/or about
`the premises whether caused by the Tenant, Tenant's guests or invitees. Maintenance and repair requests must be made in writing
`and delivered to Owner or its Agent. Such notice shall also be deemed permission to enter the unit in accordance with Civil Code
`Section 1954 unless otherwise specifically requested by Tenant. The unitis believed to be in safe and habitable condition until
`written notice to the eoritrary is received by Owner, Tenant shall not commit waste uponsaid premises ot any nuisance or act which may
`disturb the quiet enjoyment of any tenant in the building, Tenantshall complywithall building, housing und fire code regulations.
`
`|? ALTERATIONS/INSTALLATIONS: Tenantshall NOT redecorate, paint, refinish floors, or otherwise alter the premisesin
`any way; Tenant shall not apply adhesive paper to any cabinets, walls, or doors; nor shall Tenant hang anyplants, planters or
`lighting fixtures from ceiling or walls; nor shall Tenant tack, nail or glue any coverings to floors without prior writren consent of the
`Owner. Tenant shill nue install nor operate any washing machines, clothes dryers, portable dishwashers, deep-[reeze units (or other
`such appliances), pianos, organs, or outside antennae on the premises without Owner's prior written consent. No plants, planters oF
`plant boxes maybe placed unfloors, windowledges or fire escapes.
`
`18 LOCKS: Tenantshall NOT change any lock or place additional locking devices upon any door or windowof the premises
`without the prior written consent of Owner. In the event ofsucli installation, Tenantshall provide Ownerwith keys to such luck or
`device within 48 hours. Onceinstalled, an approved lock maynor be removed even when the unit is vacated. Keys to the premises
`are the exclusive property of Owner. Tenantshall uot consign keys to the premises to any other person without Owner's written
`consent. In the event that any keys to the premises are lost, Tenant shall be liable for rhe entire cost of all key and lock replacement,
`at the discretion «uf Qwner, as required for the security uf the premises, the buildiny and irs occupants. All keys must be returned to
`Owner when Tenantvacates. Such return shall designate the actual date and time of terminationoftenancy. Tenantshall be
`charged for the cost of new locks and keysif all keys are not returned.
`
`DEF000176914
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`

`“[Y INDEMNIFICATION; Ownershall nor be liable for any damages or injury to Tenant, or any other person, or ta any property,
`scurring on the premisesor any part thereof, or in commonareas thereof, unless such damageis the proximate result of the
`negligence of unlawful act of Owner,his agents or his employees. Tenantagrees to hold Owner harmless from anyclaimsfor
`damages, no matter how caused, except for injury or other damages for which Owneris legally responsible.
`
`20 DAMAGES TO PREMISES:It the premises are su damaged byfire, flood or from any other cause so as to render them
`unrenable, then either party shall have the right to terminate this lease as ofthe dare on which such damage vecurs, through written
`notice to the orher party, ro be given within 15 days ofoccurrenceof such damaye; except that should such damave or destruction
`oceuras a result of the conduct or negligence of Tenant, ur Tenant's guesrs, then Owner only shall have the right ro termination.
`Should this right be exercised by eitherparry, then cent for the current period shall be prorared betweenthe parties as of the date of
`occurrence of the damage and any prepaid rent shall be refunded, along with the Security Deposit, to Tenant.
`
`|
`j
`
`él ENTRY AND INSPECTION:Owner shall havethe right to enter the premises, pursuant to California Civil Code Section
`1954. Such entry shall nor be so frequentas to seriously disturb Tenant's peaceful enjoymentaf the premises. Ownershall give
`Tenant # minimum 24 hour notice of its intention to enter the premises and shall enter only during normal business hours. If,
`however, Owner reasonably believes thar an emergency exists (such asa fire or flood) which requires immediate encry, such entry
`may be made without notice to Tenant. Lf Tenant notifiesLandlordofrepairproblem, this notification shall be deemedsufficient
`
`permissionbytenanttoenter unit.
`
`22 TERMINATION OF CONTRACT:Either Owner or Tenant mayterminate this contract by giving at least 30 days notice, in
`writing, tw che other party provided, however,that tenants havefulfilled original lease terms and Owner's righr to terminateshall
`only be pursuant to local Rent Control Ordinances,if applicable, Upon termination, Tenantshall completely vacate the premises
`and any parking or storage areas; deliver all keys, furnishings, ifany, and premi