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  • Ogburn Unlawful Detainer

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    George Sharp
    121 просмотров7 страниц
    Michael and Debbie Ogburn are turfed from their home for not paying rent.

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    Michael and Debbie Ogburn are turfed from their home for not paying rent.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    121 просмотров7 страниц

    Ogburn Unlawful Detainer

    Загружено:

    George Sharp
    Michael and Debbie Ogburn are turfed from their home for not paying rent.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 7
    uD-100 "AVTORNEY OR PARTY VITFOUT ATTORNEY No, Se Gar nirba ea aSean "om GouRT Use ORLY | Steven D. Silverstein #86466 Steven D. Silverstein 14351 Red Hill Ave., Suite G Tustin, CA 92780 rusrvoveno: (714) 832-3651 raxnoisiond. (714) 832-7781 | ELECTRONICALLY FILED eam ooness oa, eVictions@stevendsilverstein.com Superior Court of Calfomia, arronney ron qane: PLAINTIFF _ County of Orange SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange 07/13/2046 at 04:02:23 PM streersooness: 4601 Jamboree Road wane noo py qlstgt the Superior Cour cmvanoze cove: Newport Beach, CA 92660 'y Alexander Morgan, Deputy Cler wuncnwue: Harbor Justice Center PLAINTIFF: JOAN GLASS DEFENDANT: MICHAEL OGBURN; DEBBIE OGBURN EDD 1 Pol saeeceseseerceseeeeceseroy COMPLAINT - UNLAWFUL DETAINER™ [QQ COMPLAINT (] AMENDED COMPLAINT (Amendment Number): 30-2018-00869249- CL UD-HNB “urisdition (ohock all that apply): (ED AcTionis a LimireD civit CASE ‘Amount demanded [ED does not exceed $10,000 Cr exceeds $10,000 but doos not exceed $25,000 (2) ACTION Is AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000) (CD ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): 2 from untawtut detainer to general untimited civil (possession not in issue) 1 trom timited to united © from uniawful detainer to general timted civil (possesston notin issue) 5 trom unviitd to imited 1. PLAINTIFF (name each): JOAN GLASS alleges causes of action against DEFENDANT (name each): MICHAEL OGBURN; DEBBIE OGBURN 2. a. Plaintitfis (1) (KI. an individual over the age of 18 years. 4) C1 apartnersip. @ CQ apuniic agency. © (2 acomporation, @ LD other (specify): b. C2) Plaintitf has complied with the fttious business name laws and is doing business under the fitious name of (specify): 3. Defendant named above is In possession of the premises located at (strost adaross, apt. no,,clly, zip code, and county): 25881 CORBY DRIVE LAKE FOREST CA 92630 ORANGE 4. Plaintiffs interest in the premises is Cas owner —(C) other (specity): ‘The true names and capacities of defendants sued as Does are unknown to plant. ‘a, On or about (dete): 12/29/14 defendant (name each): MICHAEL OGBURN; DEBBIE OGBURN (1) agreed to tent the premises as a C) month-to-month tenancy (KI other tenancy (speci: ONE: YEAR LEASE (2) agreed to pay rent of $ 4,000.00 payable (29 monthly (2 other (specify frequency): (8) agreed to pay rent on the (Z) first of the month (&]) other day (specify): 11TH This CE) writen C2) oral agreement was made with (1) ED plain (8) 2 plaints predecessor in interest 2) CY plaintiffs agent. ) CY other (specify): SNOTE: Do not use this form for evictions after sale (Code Clv. Pros., § 1161a). Pape tot Foy pre Og Ue ‘COMPLAINT - UNLAWFUL DETAINER aes Se erees ean cede curing te fi MOY (2 sa fa OM & POP (E-H) [_ PLAINTIFF Wome, JOAN GLASS Crae NER DEFENDANT (Name): MICHAEL OGBURN; DEBBIE OGBURN 6. ©. CO The defendants not named in tern 8a are (1) Co subtenants @ Co assignees. (3) CD other (specify): <4. (Z) The agreement was later changed as follows (spect) RENT DATE WAS CHANGED FROM THE 11TH TO THE 1ST OF THE MONTH. CA Acopy ofthe writen agreement, including any addenda or attachments tha frm the basis ofthis complaints attached and labeled Exhibit 1, (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.) f. (QO (For residential property) A copy of the written agreement is not attached because (specify reason): (1) (A) the waiten agraement isnot inthe possession ofthe landlord or the landlores employees or agents. (2) BED thi action is solely for nonpayment of rent (Code Civ, Proc. §1181(2). 7. Ga Defendant (name each): MICHAEL OGBURN; DEBBIE OGBURN was served the following notice on the same date and in the same manner: (1) CE) 3-day notice to pay rent or quit (4) A) 8-day notice to perform covenants or quit (2) LY 30-day notice to quit (©) LA 3-day notice to quit (8) C2 60-day notice to aut © D2 otter (specity: b. (1) On (date): 6/13/16 the period stated inthe notice expted atthe end ofthe day. {@) Defendants failed to comply with the requirements ofthe notice by that date. . Allfacs stated in the notice are true. 4. (2 The notice incited an election of forfeture. ¢. EE A copy of the notice is attached and laboled Exhibit 2.(Required for residential propery. See Code Giv. Pros. § 1166) £. (2) One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different ‘anne, as stated in Attachment Bc. (Check ifem 8c and etfach a statement providing the information required by items 7a-2 and 8 for each defendant) 8. a. [K) The notice in tem 7a was served on the defendant named in lem 7a as follows: (1) C2) by personally handing @ copy to defendant on (date): 2) Tl by leaving @ copy with (name or desertion): : 4 person of sultable age and discretion, on (date): at defendants Ci residence (7) business AND mailing @ copy to defendant at defendant's place of residence on (ato): because defendant cannct be found at defendants residence or usual pleco of business. (@) CE by posting @ copy on the premises on (date) 6/9/15 LAND giving a copy toa person found residing at the premises AND malling a copy o defendant at the premises on (date): 6/9/16 (@) CD because defendant's residence and usual place of business cannot be ascertained OR (©) Gl because no person of suitable age or ciscration can be found there, (4) (2 (Notfor $-day notice; see Chil Code, § 1946 bafore using) by sending a copy by certified oF regiatered mal addressed to defendant on (cat). ©) CA Not for residential tenancies; see Civ! Code, § 1953 before using) in the manner specified In writen ‘commerce! leace between the parties b. CQ Wame): was served on behalf of all defendants who signed a joint written rental agreement. ¢, (2) Information about service of notice on the defendants alleged in item 7 is stated in Attachment 8c, 4. Hy Proof of service ofthe notice initem 7a s attached and labeled Exhibit 3 soo pen ys 2005) ‘COMPLAINT - UNLAWFUL DETAINER paren Essai , MOM & POP (B-H) [PLAINTIFF Wane JOAN GLASS CASE NER DEFENDANT (Name): MICHAEL OGBURN; DEBBIE OGBURN 9. (2) Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 10. (ED At the time the 3-day notice fo pay rent or quit was served, the amount of rent due was $ 4,800.00 11.) The fair rental value of the premises is $ 133.33 per day, 12.2) Defendant's continued possession is malicious, and plain is enttted to statutory damages under Code of Civt Procedure section 1174(). (State specific facts supporting a claim up to $600 in Attachment 12.) 13. Avmitten agreement between the parties provides for attorney fees. 14.2) Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): Plainti has met all applicable requirements of the ordinances. 15.) Other allegations are stated in Attachment 15. 16. Plaintiff accepts the jurisdictional limit, if any, ofthe court 47, PLAINTIFF REQUESTS @. possession of the premises. 1. EE) damages at the rate stated in ttem 11 from . costs incurred in this proceeding: (dete): 7/1/16 for each day that ©. ED past due rent of § 4,800.00 defendants remain in possession through entry of judgment, 4. Gad reasonable attomey fees 6. (statutory damages up to $600 for the conduct alleged in em 12 . (E} forfeiture of the agreement. h, CD other (specity): 18.02) Number of pages attached fapeciy: 4. UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 19. (Complete in ail cases.) An unlawful deteiner assistant (KR did not (J did for compensation give advice or assistance ‘wth this form. (f plain has recelved any help oF adv for pay from an unlawful dotainor assistant, state:) a, Assistant's nam ©. Telephone No, b. Street address, city, and zip code: 4. County of registration: 2. Registration No. f. Expires on (date): Date: 7/13/16 STEVEN D. SILVERSTEIN _#n6466 __ (7 OR PANT HE) (SGNATURE OF PLANTIFF OR ATTORNEY) VERIFICATION (Use a different verification form ifthe verification is by an attomey or for @ corporation or partnership.) |am the plaintiff in this proceeding and have read this complaint, | dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: i aes (OYPE OR PRINT {SIoRATURE OF FLAN) () . Chis iaays MOM & POP (E-H) ~~ COMPLAINT - UNLAWFUL DETAINER Page 208 EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM cried IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT. 1. Ifyou live here and you do not complete and submit this form, you may be evicted without further hearing by the court along with the persons named in the Summons and Complaint. 2. You must fe this form within 10 days of the date of servies listed in the box on the right hand side of this form. + Exception: if ou are a tenant being evicted after your landlord lost the property to foreciosure, the 10-day deadline does not apply to you and you may file this form at any time before judgment is entered. 3. Ifyou file this form, your claim will be determined in the eviction action against the persons named in the complaint 4, IF you do not fil this form, you may be evicted without further hearing. 5, Ifyou are a tenant being evicted due to foreclosure, you have additional rights and should sek legal advice Immediately. NoTIcI [SLARANT OR CLAMANTE ATTORNEY ome aes) TELEPHONENO: Fon coun vse ony prronwiey ror pir NAME OF COURT: Harbor Justice Center strecrasoness, 4601 Jamboree Road ALANS ADDRESS: emanozecooe Newport Beach, CA 92660 seein Harbor Justice Center Plaintif, JOAN GLASS Defendant: MICHAEL OGBURN; DEBBIE OGBURN PREJUDGMENT CLAIM OF RIGHT TO POSSESSION CASE MBER ‘Complete this form only if ALL of these statements are true: 1. You are NOT named in the accompanying Summons and Complaint. (To be completed by the process server) 2, You occupied the subject premises on or before the date the unlawful DATE OF SERVICE: detainer (eviction) complaint was filed. (The date is in the accompanying (Dete that form is served or delivered, ‘Summons and Complaint) osted, and malied by the officer or 3._You still occuny the subject premises. process server) TDECLARE THE FOLLOWING UNDER PENALTY OF PERJURY: 4. My name Is (spect): 2. Ieside al (street address, unit no, city and ZIP code): 25881 CORBY DRIVE LAKE FOREST CA 92630 3, The address of ‘the premises” subject to this claim Is (adress): 25881 CORBY DRIVE LAKE FOREST CA 92630 4, On (insert date: «the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises, (This date is in the accompanying Summons and Complaint.) 55. l occupied the premises on the date the complaint was fled (the date in item 4). | have continued to occupy the premises ever since. 6. | was at least 18 years of age on the date the complaint was fled (the dato in tern 4). 7. {claim a right to possession of the premises because | occupied the premises on the date the complaint was fled (the date in item 4). 8. Iwas not named in the Summons and Complaint. 9. | understand that if| make this claim of possession, | willbe added as a defendant to the unlawful detainer (eviction) action. 10. (Filing fee) | understand that | must go to the court and pay a fling fee of or fle withthe court an "Application for Walver of Court Fees and Costs.” | understand that if! don't pay the filing fee or il the form for waiver of court fees, | will not be entifed to make a claim of right to possession, (Continued on reverse) OP HOS on, sine 15,2096) te PREJUDGMENT CLAIM OF RIGHT = aba Petra te tan Martin De TO POSSESSION Seba ANS ESSENTIAL FORMS OM & POP (E-H) cPt0.6 Piaintif:; JOAN GLASS case NoMo=re ] Defendant: MICHAEL OGBURN; DEBBIE OGBURN | 11, If my landlord lost this property to foreclosure, | understand thet | can fll this form at any time before judgment is ontored, and that | have additonal rights and should seek legal advice, 12. | understand that | will have five days (excluding court holideys) to file a response to the Summons and Complaint afte fle this Prejudgment Claim of Right to Possession form, icted without further noTic ing Ifyou fall to file this claim, you will b 49, Rental agreement. | have (check al that apply fo you! 2. (2) an oral or written rental agreemant with the landlord b. Ed an oral ot wrtten rental agreement with a person other than the landlord. ¢. GO anoral or written rental agreement with the former owner who lost the property to foreclosure, 4. ED other (explain | declare under penalty of porjury under the laws of the State of California thatthe foregoing is true and correct. WARNING: Perjury is a felony punishable by imprisonment inthe state prison, Date: (Pe on Pe nae) |SONATURE OF CLAM NOTICE: Ifyou fle this claim to possession, the unlawful detainer action against you will be determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble damages. - NOTICE TO OCCUPANTS - | YOU MUST ACT AT ONCE fall the following are true: . 1. You are NOT named in the accompanying Summons and Complaint. 2. You occupied the premises on or before the date the unlavyful detainer (eviction) complaint was fled. i 3. You still occupy the premises. ‘You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the form) at the court where the unlawful detainer (eviction) complaint was fied. f you are a tenant and your landlord lost the property you occupy through foreclosure, this 10-day deadline does not apply to you. You may fle this form at any time before judgment Is centered, You should seek legal advice immediately. Ifyou do not complete and submit ths form (and pay a fling foe or flea fee walver form f you cannot pay the fee), YOU WILL BE EVICTED, ‘ter this form Is properly filed, you wil be added as a defendant in the uniawl detainer (eviction) action and your right to occupy the premises willbe decided by the court. f you do not fe this claim, you may be evicted without a hoaring. ‘GP10< Rew. dune 15,2016 PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Peas two 1 ESSENTIAL TORNS™ MOM & POP (E-H) | OF REALTORS® =,” CER URC HORE (CAR. Form PRO, Revised 11/14) To: 4 Picnoae oped de btge CO, 4 — (Tenant’y and ay other occupani(a) i paseobeion of The prersheGlSCalea &Y 28687 Corby Drive ce SE ti a ess reet Address) (UnitvApariment #) Take Forest re “CA” (Sate) 5650 — ip Code) trremises"? Other notice address if Notice to the above-named person(s) and any other occupants of the above-referenced Premises: WITHIN 3 (OR NI) (BUT NOT LESS THAN 3)) DAYS from service of ice you are required to either: 1. Pay rent for the Premises in the following amount, which is past due, to eee (Name) (79, ___ (Phone) a : cere teete ies 4 PV So OO > (Address) between the hours of _ ‘on the following dé Past Due Rent: § gn for the period $ ow for the period, s_ for the period! TotalDue $47 FO = OR 2. Vacate the Promises and surrender possession. |f you do not pay the past due amount or give up possession by the required time, a legal action willbe filed seeking not ‘only damages and possession, but also a statutory damage penalty of up to $800.00 (California Gade of Civil Procedure § 1174). Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises. AS required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a ‘credit reporting agency if you fail to pay your rent. Lendiord an vac pate See (Owner oF Address ie é ‘Telephi

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