.
`
`ATTORNEY OR PARTY WITHOUT ATTORNEY
`
`STATE BAR NUMBER:
`
`UD-101
`
`NAME: Paul Utrecht (SBN 118658), Allison Strull (SBN 290032)
`FIRMNAME: Utrecht & Lenvin, LLP
`STREET ADDRESS: 109 Stevenson Street, 5th Floor
`city: San Francisco
`
`STATE: CA
`
`FAXNO.:
`
`DEFENDANT: Thang Duc Tran FOR COURT USE ONLY
`
`TELEPHONENO.: 415-357-0600
`EMAIL ADDRESS: astrull@ullawfirm.com
`ATTORNEY FOR(name): Noe Vista, LLC
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`MALNGADORESS,
`CITY AND zIP CODE: San Francisco, CA 94102
`BRANCH NAME: Civic Center Courthouse
`
`ZIP CODE: 94105
`
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`
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`
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`San Franelseo County Superler Gauri
`DEC 1 5 2071
`CLERK. OF THE COURT
`
`BY: .. LAU z A SIMMONS
`
`PLAINTIFF: Noe Vista, LLC
`
`PLAINTIFF'S MANDATORY COVER SHEET AND
`
`SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
`
`“PUD? 1- 669435
`
`All plaintiffs in unlawful detainer proceedings mustfile and serve this form. Filing this form complies with the requirement in Code of
`Civil Procedure section 1179.01.5(c).
`¢ Serve this form and any attachmentsto it with the summons.
`* [f a summonshas already been served without this form, then serve it by mail or any other meansofservice authorized by law.
`° lf defendant has answeredpriorto service of this form, there is no requirement for defendant to respondto the supplemental
`allegations beforetrial.
`
`To obtain a summonsin an unlawful detainer action for nonpaymentof rent on a residential property filed before March 31, 2022, a
`plaintiff must verify that they applied for governmental rental assistance that was not granted, or that the tenancy began after
`September 30, 2021. (See itern 3.)
`
`To obtain a judgmentin an unlawful detainer action for nonpaymentof rent on a residential property, a plaintiff must verify that no
`rental assistance or other financial compensation has been received for the amount demandedin the notice or accruing afterward, and
`that no application is pending for such assistance. To obtain a default judgment, plaintiff must use Verification by Landlord Regarding
`Rental Assistance—Unlawful Detainer (form UD-120) to makethis verification and provide other information required by statute.
`
`1. PLAINTIFF (name each):
`Noe Vista, LLC
`
`alleges causesof action in the complaintfiled in this action against DEFENDANT (name each):
`Thang Duc Tran
`
`2. Statutory cover sheet allegations (Code Civ. Proc., § 1179.01.5(c))
`Commercial
`[7] Residential
`a. This action seeks possession ofreal property that is (checkall that apply):
`(If "residential" is checked, complete items 3 and 4 andall remaining items that apply to this action. If only "commercial"is
`checked, nofurther items need to be completed except the signature and verification on page 5; a summons maybe issued.
`b, This action is based, in wholeorin part, on an alleged default in payment of rent or other charges. [7] Yes
`[__] No
`
`3. Verifications required for issuance of summons—residential (Code Civ. Proc., § 1179.11(a))
`a.
`Is this action based, in whole orin part, on a defendant's nonpaymentof rent or otherfinancial obligation during the period
`between March 1, 2020, and March 31, 2022? [__] Yes
`[__]No
`(If no is checked, no furtheritems need to be completed except the signature and verification on page 5, and item 12if the
`action is based in whole orin part on nonpaymentof rent during someother time frame; a summons maybeissued.)
`
`b.
`
`[__] No
`[__] Yes
`Is this action on a tenancythat wasinitially established before October 1,2021?
`(If no is checked, the further items that need to be completed are the signature andverification on page 5, and items 10 or 11,
`and 12if the action is based in whole or in part on nonpaymentof rent; a summons may be issued. (See Code Civ. Proc., §
`
`1179.09(h) to learn more about what‘initially established” means.)
`Page 1 of 5
`
`Form Adopted for Mandatory Use
`Judicial Council of Califomia
`UD-101 [Rev. October 1, 2021]
`
`PLAINTIFF'S MANDATORY COVER SHEET AND
`SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
`
`Codeof Civil Procedure, § 1179.01 et seq.
`mnv.conts.ca.gov
`
`aKwS
`
`

`

`PLAINTIFF: Noe Vista, LLC
`
`CASE NUMBER:
`
`DEFENDANT: Thang Duc Tran
`
`UD-101
`
`3. c.
`
`/f you answered yes to questions 3a and 3b above, you must checkeither (1) or (2) below, or a summons maynotbe issued.
`(1)
`[—_] Beforefiling the complaintin this action, plaintiff applied for governmental rental assistance to cover the rent or other
`financial obligations demandedin this action, but the application was denied and a copyofafinal decision denying
`the assistanceis attached.
`
`Note that a “final decision” does not include rejection based on plaintiff not completing the application or doing so
`correctly, notification that the application is pending further action, or notification that plaintiff or defendants applied to
`the wrong government agency. (Code Civ. Proc., § 1179.09(d).)
`
`or
`
`(2) [__] Beforefiling the complaintin this action, plaintiff completed an application for governmentalrental assistance to cover
`the rent or other financial obligations demandedin this action, including all the required contact information and
`documentation, andall of the following are true:
`
`(a) Atleast 20 days have passedsince the later of either (check one):
`[__]
`Thedate the plaintiff submitted the completed application, or
`[-__]
`Thedate theplaintiff served the three-day notice underlying the complaint.
`and
`
`(b)
`
`(c)
`
`Plaintiff has not received any notice from the governmental agency to which defendant has applied for governmental
`rental assistance to cover the rent or other financial obligations demanded from the defendantin this action.
`and
`Plaintiff has not received a communication from the defendant that defendant has applied for governmentalrental
`assistance to cover the rent or otherfinancial obligations demanded from the defendantin this action.
`
`4. Tenants subject to COVID-19 Tenant Relief Act (Code Civ. Proc., § 1179.02(h))
`a. (1) One or more defendants in this action is a natural person: [_]Yes [| No
`
`(2) Identify any defendant not a natural person:
`(lf no is checked, then no further items need to be completed except the signature and verification, and item 12 if the action is
`based on nonpaymentofrent.)
`
`b.
`
`(1) All defendants namedin this action maintain occupancy as describedin Civil Code section 1940(b). [-_] Yes
`(2) Identify any defendant who doesnot:
`(lf yes is checked, then nofurther items need to be completed except the signature and verification, and item 12 if the action is
`based on nonpaymentofrent.)
`
`[-_] No
`
`5.
`
`6.
`
`[__] Unlawful detainer notice expired before March 1, 2020
`The unlawful detainer complaintin this action is based solely on a notice to quit, to pay or quit, or to perform covenants or
`quit, in which the time period specified in the notice expired before March 1, 2020. (if this is the only basis for the action, no
`further items need to be completed except the signature and verification on page 5. (Code Civ. Proc., § 1179.03.5(a)(1).))
`
`[__] Rentor otherfinancial obligations due between March 1, 2020, and August 31, 2020 (protected time period)
`The unlawful detainer complaintin this action is based, at least in part, on a demandfor paymentof rent or other financial
`obligations due in the protected time period. (Checkail that apply.)
`
`a. [__] Defendant (name each):
`
`was providedall the required versions of the "Notice from the State of California" required by Code of Civil Procedure section
`1179.04. (Provide information regarding service of the notice or notices in item 8 below.)
`b. [__] Defendant (name each):
`
`wasserved with at least 15 days’ notice to pay rent or otherfinancial obligations, quit, or deliver a declaration, and an unsigned
`declaration of COVID-19-related financial distress, in the form and with the content required in Codeof Civil Procedure section
`1179.03(b) and (d).
`
`(If the notice identified defendant as a high-income tenant and requested submission of documentation supporting any
`declaration the defendant submits, complete item 9 below. (Code Civ. Proc., § 1179.02.5(c).))
`(/f filing form UD-100 with this form and item 6b is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach
`a copy ofthe notice to that complaint form, and provide all requested information about service on that form.)
`
`
`UD-101 [Rev. October 1, 2021]
`
`PLAINTIFF'S MANDATORY COVER SHEET AND
`SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
`
`Page 2 of 5
`
`

`

`PLAINTIFF: Noe Vista, LLC
`
`CASE NUMBER:
`
`DEFENDANT: Thang Duc Tran
`
`UD-101
`
`6.
`
`c. Responseto notice (check all that apply):
`(1) [--] Defendant (name each):
`
`delivered a declaration of COVID-19-related financial distress on landlordin the time required. (CodeCiv. Proc.,
`§ 1179.03(f).)
`
`(2) [-_] Defendant (name each):
`
`did not deliver a declaration of COVID-19-related financial distress on landlord in the time required. (Code Civ. Proc.,
`§ 1179.03(f).)
`
`7.
`
`[__] Rentor other financial obligations due between September1, 2020, and September30, 2021 (the transition time
`period) The unlawful detainer complaintin this action is based, at least in part, on a demand for payment ofrent or other
`financial obligations due during thetransition time period.
`a. [__] Defendant (name each):
`
`was providedall the required versions of the "Notice from the State of California" as required by Code of Civil Procedure section
`1179.04. (Provide information regarding service ofthe notice or notices in item 8 below.)
`b. [-]Defendant (name each):
`
`was served with at least 15 days'notice to pay rent or otherfinancial obligations, quit, or deliver a declaration, and an unsigned
`declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure
`section 1179.03(c) and (d).
`(If the notice identified defendant as a high-income tenant and requested submission ofdocumentation supporting any
`declaration the defendant submits, complete item 9 below. (Code Civ. Proc., § 1179.02.5(c).))
`(/f filing form UD-100 with this form and item 7b is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach
`a copyof the notice to that complaint form, and provide all requested information about service on that form.)
`
`c. Responseto notice (checkall that apply):
`(1)
`[__] Defendant (name each):
`
`delivered a declaration of COVID-19-related financial distress on the landlordin the time required. (Code Civ. Proc.,
`§ 1179.03(f).)
`[__] Defendant (name each):
`
`(2)
`
`did not deliver a declaration of COVID-19-relatedfinancial distress on the landlord in the time required. (Code Civ. Proc.,
`§ 1179.03(f).))
`
`d. [_] Rentor otherfinancial obligations due:
`(1) Rent or otherfinancial obligations in the amount of $
`September 30, 2021.
`(2) Payment of $
`
`for that period was received by September 30, 2021.
`
`was due between September 1, 2020, and
`
`8. Service of Code of Civil Procedure Section 1179.04 Notice from the State of California (You must complete this item if you
`checkeditem 6 or 7 above. Section 1179.04 provides three separate versions of a “Notice from the State of California” that the
`landlord wasto provide to tenants at different times during the pandemic (the notices referencedin item 6a and 7a above). This
`item addresses when and howthosenotices were provided.)
`
`a. September 2020 Notice. Plaintiff provided the required notice for tenants who, as of September 1, 2020, had any unpaid rent
`orotherfinancial obligations due any time between March 1, 2020, and August 31, 2020 (CodeCiv. Proc., § 1179.04(a)), to
`defendants identified in 6a or as follows:
`
`(1) [--] By sending a copy by mail addressed to each named defendant on (date):
`(2) [__] By personally handing a copy to each named defendant on (date):
`
`
`UD-101 [Rev. October1, 2021]
`
`PLAINTIFF'S MANDATORY COVER SHEET AND
`SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
`
`Page3 of 5
`
`

`

`PLAINTIFF: Noe Vista, LLC
`
`DEFENDANT: Thang Duc Tran
`
`:
`
`CASE NUMBER:
`
`UD-101
`
`8.
`
`a.
`
`(3) [__] By some other method of service described in Code of Civil Procedure section 1162. (/f this box is checked, describe
`the method and date of service on an attached page (you can use form MC-025) andtitle it Attachment8a.)
`[__] Indifferent ways fordifferent defendants.(/f this box is checked, describe the method and date of service for each
`defendant on an attached page (you can use form MC-025) andtitle it Attachment 8a.)
`
`(4)
`
`(5) [__] Plaintiff was not required to serve the September 2020 notice on the named defendants.
`
`b. February 2021 Notice. Plaintiff provided the required notice for tenants who as of February 1, 2021, had unpaid rentor other
`financial obligations due any time after March 1, 2020, (CodeCiv. Proc., § 1179.04(b)) to defendants identified in 6a and 7a as
`follows:
`
`(1) [_] By sending a copy by mail addressed to each named defendanton (date):
`(2) [__] By personally handing a copy to each named defendant on (date):
`(3) [-_] By someother methodof service described in Code of Civil Procedure section 1162.(if this box is checked, describe
`the method and date of service on an attached page (you can use form MC-025) andtitle it Attachment 8b.)
`(4) [__] Indifferent waysfor different defendants.(/f this box is checked, describe the method anddate of service for each
`defendant on an attached page (you can use form MC-025) andtitle it Attachment 8b.)
`
`(5) [__] Plaintiff was not required to serve the February 2021 notice on the named defendants.
`
`c.
`
`July 2021 Notice. Plaintiff provided the required notice for tenants who as of July 1, 2021, had unpaid rentor otherfinancial
`obligations due any time after March 1, 2020, (Code Civ. Proc., § 1179.04(c)) to defendants identified in 6a and 7a as follows:
`
`(1) [-_] By sending a copy by mail addressed to each named defendanton (date):
`(2) [-_] By personally handing a copy to each named defendant on (date):
`(3)
`[__] By some other methodof service described in Code of Civil Procedure section 1162. (/f this box is checked, describe
`the method and date of service on an attached page (you can use form MC-025) andtitle it Attachment8c.)
`[__] In different ways for different defendants. (/f this box is checked, describe the method and date of service for each
`defendant on an attached page (you can use form MC-025) andtitle it Attachment 8c.)
`(5) [__] Plaintiff was not required to serve the July 2021 notice on the named defendants.
`
`(4)
`
`9.
`
`[__] High-incometenant. The 15-day notice in item 6b or 7b aboveidentified defendant as a high-income tenant and requested
`submission of documentation supporting the tenant's claim that tenant had suffered COVID-19related financial distress.
`Plaintiff had proof before serving that notice that the tenant has an annual incomethatis at least 130 percent of the median
`incomefor the county the rental property is located in and not less than $100,000. (Code Civ. Proc., § 1179.02.5.)
`a. [__] The tenant did not deliver a declaration of COVID-19-related financial distress within the required time. (Code Civ. Proc.,
`§ 1179.03(f).)
`b. [__] Thetenantdid not deliver documentation within the required time supporting that the tenant had suffered COVID-19—
`related financial distress as asserted in the declaration. (Code Civ. Proc., § 1179.02.5(c).)
`
`10.[___] Rentor otherfinancial obligations due between October1, 2021, and March 31, 2022 (recovery period rental debt).
`The unlawful detainer complaintin this action is based, at least in part, on a demand for paymentof rent or other financial
`obligations due during the recovery period. (Check a or b.)
`a. [__] Defendant (name each):
`
`wasserved with at least 3 days' notice to pay rent or otherfinancial obligations or quit, in a notice that included the name,
`website address, and phone numberof the governmentalrental assistance program for the locality in which the property at
`issue is located, as well asall other content required by Code of Civil Procedure section 1179.10.
`
`(If filing form UD-100 with this form and this item is checked, specify this notice in item 9a(7) on form UD-100, attach a copy of
`the notice to that complaint form, and provide all requested information about service on that form.)
`
`b. [__] Plaintiff has checked noin item 3b and the special notice to quit required by Code ofCivil Procedure section 1179.10 does
`not applyin this action.
`
`
`
`UD-101 (Rev. October1, 2021]
`
`PLAINTIFF'S MANDATORY COVER SHEET AND
`SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
`
`Page4 of §
`
`

`

`PLAINTIFF: Noe Vista, LLC
`
`CASE NUMBER:
`
`DEFENDANT: Thang Duc Tran
`
`UD-101
`
`11. [_] Rentor otherfinancial obligations due after March 31, 2022. (Only applicableif action is filed on or after April 1, 2022.)
`The only demandfor rent or other financial obligations on which the unlawful detainer complaint in this action is based is a
`demandfor payment of rent due after March 31, 2022.
`
`12.[___] Statements regarding rental assistance (Required in all actions based on nonpaymentofrent or any otherfinancial
`obligation. Plaintiff must answerail the questionsin this item and, if later seeking a defaultjudgment, will also needto file
`Verification Regarding Rental Assistance— Unlawful Detainer (form UD-120).)
`
`a. Hasplaintiff received rental assistance or otherfinancial compensation from any other source corresponding to the amount
`demandedin the notice underlying the complaint? [__] Yes
`[__] No
`
`b. Hasplaintiff received rental assistanceor other financial compensation from any other source for rent accruingafter the date of
`the notice underlying the complaint? [[_] Yes
`[_] No
`
`c. Doesplaintiff have any pending application for rental assistance or other financial compensation from any other source
`corresponding to the amount demandedin the notice underlying the complaint? [__] Yes
`[__] No
`d. Doesplaintiff have any pending application for rental assistance or otherfinancial compensation from any other sourcefor rent
`accruing after the date on the notice underlying the complaint? [__] Yes
`[_] No
`13. [—_] Otherallegations Plaintiff makes the following additional allegations: (State any additional allegations below, with each
`allegationlettered in order, starting with (a), (b), (c) etc. if there is not enough space below, check the box below and use
`form MC-0285,title it Attachment 13, and letter each allegation in order.)
`[___] Other allegations are on form MC-025.
`
`14. [|__| Numberof pages attached (specify):
`
`Date: December 14, 2021
`
`Allison Strull (TYPE OR PRINT NAME)
`
`(SIGNATURE OF PLAINTIFF OR ATTORNEY)
`
`VERIFICATION
`
`(Usea differentverification form if the verification is by an attorney or for a corporation or partnership.)
`
`| am the plaintiff in this proceeding and have read this complaint. | declare underpenalty of perjury underthe lawsofthe State of
`California that the foregoing is true and correct.
`Date:
`
`See Attachment A
`
`>
`
`(TYPE OR PRINT NAME)
`
`(SIGNATURE)
`
`
`
`UD-101 [Rev. October 1, 2024]
`
`PLAINTIFF'S MANDATORY COVER SHEET AND
`SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
`
`Page5 of 5
`
`

`

`SHORTTITLE:
`
`CASE NUMBER:
`
`Noe Vista, LLC v. Thang Duc Tran
`
`MC-025
`
`ATTACHMENT(Number): A
`(This Attachment may be used with any Judicial Council form.)
`
`VERIFICATION
`
`I, the undersigned, declare as follows:
`
`I am a managing manager ofPlaintiff, and I am authorizedto execute this verification on its behalf, and I am
`informed andbelieve that the above Mandatory Cover Sheet for Unlawful Detainer is true. I declare under
`penalty ofperjury under the lawsofthe State ofCalifornia that the forggeiigis
`
`Executed on December, 2021
`
`sand correct.
`
`(if the item that this Attachment concems is made under penaity ofperjury, all statements in this
`Attachment are made underpenalty ofperjury.)
`Form Approved for Optional Use
`Judicial Council of Califomia
`MC-025[Rev.duly 1, 2009)
`
`ATTACHMENT
`to Judicial Council Form
`
`
`Page
`of
`(Addpagesas required)
`www.courtinfo.ca.gov
`
`