SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet I Jul-17201712245 pm Case Number: CGC-17-560170 Filing Date: Jul-17-2017 12:40- Filed by: KALENE APOLONIO Image: 05947827 COMPLAINT PRESIDIO TERRACE ASSOCIATION VS. HIUYAN LAM ET AL 001005947827 Instructions: Please place this sheet on top of the document to be scanned. 6 0 SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (A VISO AL DEMANDADO): - HIUYAN LAM also known as TINA T. THE CITY AND COUNTY OF SAN and DOES 1 through 10, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): PRESIDIO TERRACE ASSOCIATION, a California nonpro?t corporation You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are sewed on you to ?le a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can ?nd these court forms and more inforrnatlon at the Califomla Courts Online Self-Help Center your county law library. or the courthouse nearest you. If you cannot pay the ?ling fee. ask the court clerk for a fee waiver form. If you do not ?le your response on time, you may lose the case by default. and your wages. money. and property may be taken without further warning from the court. . There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney. you may want to call an attorney referral service. if you cannot afford an attorney. you may be eligible for free legal services from a nonpro?t legal services program. You can locate these nonpro?t groups at the California Legal Services Web site the Califomla Courts Onllne Self-Help Center or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's" lien must be paid before the court will dismiss the case. Le han demandado. Si no responds dentro da 30 dies, la corla pueda decidir en su contra sin ascucher su versidn. Lee is informaci?n a continuaci?n. Tiane 30 DIAS DE CALENDARIO daspuas de que la entraguen esta citacidn papeles iagales para presenter una raspuesta per escrr'to en esta corla hacar qua sa entrague una copia al damandante. Una carts a una llamada taief?nica no lo protagen. Su respuasta per escrite tiana qua ester an formato legal corracte si dasaa qua procasen su case en la aorta. Es posibla qua hays un formularie qua ustad pueda usar para su respuasta. Puede ancontrar astes formularios do is eerie mas informaci?n en el Centre de A yuda do has Cortes de Califomla en la biblioteca de iayes de su cendade en la certs que la quads mas carca. Si no pueda pager la cuota de prasantacien, pida al secretario de la corte qua is da un formuian'e de exencien de page do cuetas. Si no presents an respuesta a tiampo, pueda pere'er at ease por incumplimianto la certs la pedra quitar su sueldo, dinaro bienes sin mas advertancia. Hay etros requisites legaies. Es racomandabia qua llama a un abegado inmadiatamanta. Si no conoce a un abegade, pueda liamar a un servicio de remision a abogados. Si no pueda pager a un abegado, as pesible qua cumpia con les requisites para obtenar servicios legales gratuitos de un programs do servicios iagaies sin fines de lucre. Puede ancentrar aslos grupos sin ?nes de lucre en el sitie web de California Legal Services, an at Centre de A yuda de ias Cortes de Califomla, peni?ndese en contacto con la aorta 0 al colegie de abogados locales. AVISO: Per lay, la corte tiana derecho a raciamar Ias cuetas les cestos exantos per imponar un gravaman sabre cuaiquiar recuperacien da $10, 000 mes de valor recibida medianla un acuerdo 0 ans concesiOn da arbitraje en un case da derache civil. Tiane qua pager a! gravamen de la corle antes da que la corte pueda desechar ei case. The name and address of the court is: mere nun/ragga)- (El nombra diracciOn tie is certa as): San Francisco Superior Court, 400 McAllister Street, San FranciscoCalifornia 94102 The name, address, and telephone number of plaintiff's attorney. or plaintiff without an attemey. is: (El nombre. la direccien al numaro de tai?fono del abogade del damandanta, 0 del demandante qua no tiena abegado, as): G. Scott Emblidge, 220 Montgomery St., Suite 2100, San Francisco, CA 94104, phone: 415-362-3599 APOLO I i 3:22;) JUL 17 20" CLERK OF THE Whine) (D (331%) (For proof of service of this summons, use Proof of Service of Summons (form (Para prueba de entraga da asta citation use el forrnularie Proof of Service of Summons, NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant.- 2. as the person sued under the ?ctitious name of (specify): . 3_ El on behalf of (spaci?r): 0 under: '3 CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) C3 CCP 416.40 (association or partnership) CCP 416.90 (authorized person) other (specify): 4. by personal delivery on (data): Egg! 1 at 1 Form Adopted for Mandatory Use Code of cm Procedure 412.20, 465 Judicial Council of California . SUM-100 [Rav. July 1. 2009] 03/511141 G. SCOTT EMBLIDGE, State Bar No. 121613 JODIE SMITH, State Bar No. 299225 MOSCONE EMBLIDGE OTIS LLP 220 Montgomery Street, Suite 2100 FIL San Francisco, CA 94104 35?7meon 3 Telephone: (415) 362-3599 Facsimile: (415) 362-2006 JUL 1 7 2017 Attorneys for Plaintiff Presidio Terrace Association CLER 1- OURT BY. . Deputycm SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED CIVIL JURISDICTION CaseNo. COMPLAINT TO RESCIND TAX FOR VIOLATION OF RIGHT NOT TO BE DEPRIVED OF PROPERTY WITHOUT DUE TO QUIET vs. TITLE AND FOR DECLARATORY RELIEF PRESIDIO TERRACE ASSOCIATION, a California nonpro?t corporation, Plaintiff, HIUYAN LAM also known as TINA T. THE CITY AND COUNTY OF SAN and DOES 1 through 10, inclusive, Defendants. Plaintiffs Presidio Terrace Association (the ?Association?) alleges as follows: PARTIES 1. The Association is California nonpro?t corporation which, since approximately 1905, has owned and managed the common area associated with a residential housing deveIOpment in San Francisco, California, commonly known as Presidio Terrace. 2. Defendant Hiuyan Lam, also known as Tina T. Lam is an individual residing in San Jose, California. 3. Defendant City and County of San Francisco (?City?) is a public entity located in the County of San Francisco, California. COMPLAINT 1 Case No.: The Association does not know the true names and capacities of Defendants Does 1 through 10, inclusive, but alleges that these Defendants are responsible in some manner for the acts, omissions, events or transactions alleged in this Complaint, and the Association therefore sues them by such ?ctitious names. The Association will amend this Complaint to state the true names and capacities of said Defendants when the same are ascertained. 5. Venue is proper in this Court, as the real property that is the subject of the dispute is located in, and all the events relevant to the dispute occurred within, the City and County of San Francisco (the - FACTUAL ALLEGATIONS 6. In approximately 1905, a common-interest development in San Franciso was established, commonly known as Presidio Terrace. Located off of Arguello Street and adjacent to both the San Francisco Presidio and Temple Emanu-El, Presidio Terrace consists of approximately 35 single-family homes, and a common area composed of, among other things, a circular street, sidewalks and landscaping. Presidio Terrace is depicted in this photograph: COMPLAINT 2 Case No.: Since approximately 1905, the common area has been owned and managed by the Association, pursuant to a recorded Declaration of Covenants, Conditions and Restrictions. That declaration was restated and recorded in 1995. The 1995 First Restated Declaration of Covenants, Conditions and Restrictions is in effect today. 8. Under the (and for purposes of this Complaint), the ?Common Area? is de?ned as follows: "Common Area" means all real property owned in fee by the Association for the common use and enjoyment of the Owners but does not include real property over which the Association has only an easement. The Common area owned by the Association at the time of the Recordation of this Declaration is described as follows: "All of said tract of land which is not included within the forty (40) lots that are delineated and shown upon the Map (Recorded on June 28, 1905 and contained in Map Book 1, page 219, of the Of?cial Records of the City and County of San Francisco, California, end re-surveyed and Recorded on February 17, 1909, and contained in Map Book 1, page 221 of the Of?cial Records of the City and County of San Francisco) and are numbered thereon from one to forty (1 to 40) inclusive, including among other things, the portions reserved for roads and paths in the said Presidio Terrace and all those portions of the said tract which have been reserved for, and upon the said Map are delineated as, stairways, entrance gates, private parks, sidewalks, grass-plots and cultivated strips." 9. The Common Area is also known as Assessor? Parcel Number 1355-001. The give the Association the responsibility of owning, managing and maintaining the Common Area. 10. The Association is informed and believes that the City considers the Common Area a separate parcel on which property taxes must be paid. 11. According to records thus far obtained by the Association from the City, the property taxes on the Common Area have been less than $14.00 annually for the past several decades. A 12. TheAssociation has not paid those taxes for many years because the City has been sending property tax bills to the Association at the following address: 47 Keamy Street, 6th COMPLAINT 3 Case No.: COOK-JON Floor, San Francisco, California, 94108, which is not the address of the Association or the address of any member of the Association. 13. After research, the Association is informed and believes that this address was associated with an accountant who last performed work for the Association in the 1980s. 14. The Association is managed by a professional property management ?rm. Neither that ?rm nor any member of the Association was aware that property taxes had not been paid relating to the Common Area. 15. The Association is informed and believes that on or about February 23, 2015, the City, through its Tax Collector, sent a Notice of Tax Defaulted Property, to the Association at the invalid Kearny Street address. The Notice states that the amount the Association owned the City for unpaid taxes, penalties and costs was $994.77. 16. The Association is informed and believes that the City knew that the Notice was not delivered to the Association at the Kearny Street address or any other address. 17. The Association is informed and believes that despite knowing that the Association did not receive the Notice, the City made no reasonable efforts to inform the Association or any of its members that the Common Area was subject to sale for non-payment of taxes. For example, the City did not post any notice in the Common Area or anywhere else associated with Presidio Terrace informing the Association or any of its members that the Common Area was subject to sale for non-payment of taxes. Such posting would have been simple and inexpensive for the City to accomplish. 18. Despite having not provided the Association or any of its member with notice, the Association is informed and believes that the City sold the Common Area to defendant Lam at a tax sale on or about April 24, 2015. 19. The Association-?rst learned that the Common Area had been sold on or about May 30, 2017, when the Association was contacted by a representative for Lam who has inquired about whether the Association wants to buy the Common Area back from Lam. 20. The Association has petitioned the City to rescind the sale but, as of the date of this Complaint, the City has not done so. COMPLAINT 4 Case No.: h-L I?l r?a but i?A p?I p?A?hCAUSES OF ACTION FIRST CAUSE OF ACTION (Rescission of Tax Sale) (Against All Defendants and Does 1 through 10) 21. The Association incorporates by reference herein the allegations set forth in paragraphs 1 through 20, inclusive, of this Complaint as thoughset forth in full herein. 22. Under the California Revenue Taxation Code, the City, though its Tax COllector, was required to make a reasonable effort to obtain the Association?s address and notify the Association of unpaid taxes and pendency of a tax sale. 23. The City made no such reasonable effort, instead sending a notice to an address the City knew or should have known was not a valid address for the Association. 24. Accordingly, the Court should rescind the tax sale and restore ownership of the Common Area to the Association. - WHEREFORE, the Association prays for judgment as hereinafter set forth. SECOND CAUSE OF ACTION (Violation of Rights to Due Process) (Against All Defendants and Does 1 through 10) 25. The Association incorporates by reference herein the allegations set forth in paragraphs 1 through 24, inclusive, of this Complaint as though set forth in full herein. 26. The Association is protected by the United States Constitutions from being deprived of its property without due process of law. 27. Due process required the City to make a reasonable attempt to notify the Association of unpaid taxes and the pendency of a tax sale before the City sold the Common Area at a tax sale. 28. The City failed to make any such reasonable effort. It did not notify the Association, its property manager or any of its members about the tax sale. It did not post a notice on the Common Area or in any location reasonably calculated to provide notice to the Association, its property manager or its members. 29. Accordingly, the Court should reScind the tax sale and restore ownership of the Common Area to the Association. COMPLAINT 5 Case No.: WHEREFORE, the Association prays for judgment as hereinafter set forth. THIRD CAUSE OF ACTION (Quiet Title/Declaratory Relief) (Against Defendant Lam and Does 1 through 10) 30. The Association incorporates by reference herein the allegations set forth in paragraphs 1 through 29, inclusive, of this Complaint as though set forth in full herein. 31. Prior to the unlawful tax sale described above, the Association was the lawful owner of the Common Area. 32. The Association is informed and believes that Defendant Lam wrongfully asserts an adverse claim to ownership of the Common Area. 33. The Association seeks a declaration, as of the date of the ?ling of this Complaint, of the relative interests of the Association and Lam in the Common Area, and speci?cally that the Association is the owner of the Common Area; and Lam has no ownership, possessory or other interest in the Common Area. 34. Such a declaration is necessary for, among various reasons, determining that the . Association owns the Common Area, and that Lam has no right to own, manage or control the Common Area. WHEREFORE, The Association prays for judgment as follows: 1. For a judgment setting aside the tax sale of the Common Area and restoring to the Association its ownership of the Common Area. 2. For a judgment to quiet title to the Common Area, ?nding that the Association is the owner of the Common Area. 3. For a declaration of the respective rights of the parties regarding the Common Area, speci?cally that the Association is the owner of the Common Area and Defendants have no right, title or other interest in the Common Area. A . 4. For all attorneys? fees and other expenses the Association was forced to incur to remedy the violation of its constitutional rights. 5. For all costs of suit; and COMPLAINT 6 Case No.: For such other and further relief as the Court may deem just and proper. Dated: July 17, 2017. Respectfully Submitted, MOSCONE EMBL DGE OTIS LLP By: . 'E?blidge Attorneys for Plaintiff Presidio Terrace Association COMPLAINT 7 Case No.: liftfiliili CM-010 THOUT ATTORNEY nd Cid FOR COURT USE ONLY $33. (SBN 12161 iTi?o (8881355229225) MOSCONE EMBLIDGE OTIS LLP 220 Montgomery Street, Suite 2100, San Francisco, CA 94104 I N0.: 415-362-3599 FAX NO.: 415-362-2006 monusv FOR (Neme): Plaintiff Presidio Terrace Association Sun From Garey swam, com SUPERIOR COURT OF CALIFORNIA. COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street JUL 1 7 2017 MAILING ADDRESS: CITY AND ZIP CODE: San. Francisco 94102 BRANCH C1v1c Center Courthouse . CASE NAME: Presidio Terrace Association v. Hiuyan Lam, et al. mu? CIVIL CASE COVER SHEET complex Case Designation 7 7n Unlimited Ci Limited I: (Amount (Amount Counter JOInder JUDGE- demanded demanded is Filed with ?rst appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1?6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contracuwarranty (06) (Cal. Rules of Court, rules 3.400?3.403) Uninsured motorist (46) I: Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other PIIPDIWD (Personal i:i Other collections (09) Ci Construction defect (10) Damage/Wrongful Death) Tort Ci Insurance coverage (13) I: Mass tort (40) Asbestos (04) [3 Other contract (37) Securities litigation (28) Pdet "abi'ity (24) Real Property Environmentalrl'oxic tort (30) Medical malprad?ice (45) l: Eminent insurance coverage claims arising from the Other (23) condemnation (14) above listed provisionally complex case (Other) Tort Ci eviction (33) types (41) Business torllunfair business practice (07) other real property (26) Enforcement Of Judgment i:i Civil rights (08) Uniawful Detainer Enforcement ijudgment (20) Defamation (13) Commerdal (31) Miscellaneous Civil Complaint Fraud (16) El Residential (32) RICO (27) i: Intellectual property (19) Drugs (33) (Other complaint (not speci?ed above) (42) Cl Professional negligence (25) Judicial Review Miscel?ianeous cw" Petition Other ?on'P? to? (35) I: Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (11) Other petition (not Speci?ed above) (43) Wrongful termination (36) [j Writ of mandate (02) Other employment (15) [3 Other judicial review (39) 2. This case I: is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. Large number Of separately represented parties d. :1 Large number of witnesses b. [3 Extensive motion practice raising dif?cult or novel e. Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries. or in a federal court c. El Substantial amount of documentary evidence f. i: Substantial postjudgment judicial supervision Remedies sought (check all that apply): am monetary b. nonmonetary; declaratory or injunctive relief c. I:Ipunitive Number of causes of action (specify): Three (3) This case i: is is not a class action suit. Date: July 17, 2017 G. Scott Emblidge (TYPE OR PRINT NAME) PA TY OR ATTORNEY FOR PARTY) NOTICE - Plaintiff must ?le this cover sheet with the ?rst paper ?led in the action or proceeding (excep small claims cases or cases ?led under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to ?le may result in sanctions. 0 File this cover sheet in addition to any cover sheet required by local court rule. 0 If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onl . .1 on 39 Form Adapted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220. 3.400?3.403, 3.740; Judicial Councii Of California Cal. Standards of Judiciat Administration. std. 3.10 CM-010 [Rev July 1. 2007] 6 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET M-om To Plaintiffs and Others Filing First Papers. If you are ?ling a ?rst paper (for example, a complaint) in a civil case, you must complete and file, along with your ?rst paper. the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of see ?led. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the se type that best describes the case. If the case ?ts both a general and a more speci?c type of case listed in item 1 . check the more speci?c one. If the case has multiple causes of action. check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be ?led only with your initial paper. Failure to ?le a cover sheet with the ?rst paper ?led in a civil case may subject a party, its counsel. or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case'I under rule 3.740 is de?ned as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees. arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages. (3) recovery of real property. (4) recovery of personal property. or (5) a prejudgment writ of attachment. The identi?cation of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-servioe requirements and case management rules, unless a defendant ?les a responsiVe pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. - 1 To Parties In Complex Cases. In complex cases only. parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may ?le and serve no later than the time of its ?rst appearance a joinder in the plaintiffs designation. a counter-designation that the case is not com the case is complex. Auto Tort Auto (22)?Personal Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other (Personal Injury! Property Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjuryl Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice? Physicians 8: Surgeons Other Professional Health Care Malpractice Other (23) Premises Liability slip and fall) Intentional Bodin assault, vandalism) Intentional In?iction of Emotional Distress Negligent in?iction of Emotional Distress Other PIIPDIWD (Other) Tort Business TortlUnfair Business Practice (07) Civil Rights discrimination, CASE TYPES AND EXAMPLES Contract Breach of ContractiWarranty (06) Breach of RentallLease Contract (not unlawful detainer or wrongful eviction) Contract/Wananty Breach?Seller Plaintiff (not head or negligence) Negligent Breach of Contract] Warranty Other Breach of Contract/Warranty Collections money owed. open book accounts) (09) Collection Case?Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisional! complex) (18) 7 Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Condemnation (14) Wrongful Eviction (33) Other Real Property quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain. landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) plex. or. if the plaintiff has made no designation, a designation that Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400?3.403) Antitrust/Trade Regulation (03) Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Othecr: Eneforcement of Judgment as Miscellaneous Civil Complaint RICO (27) Other Complaint (not speci?ed above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case Other Civil Complaint (non-torl/non-complex) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal harassment) (08) I drugs. check this item; otherwise, other petition (not speci?ed Defamatron slander, lrbel) report as Commercial or Residential) above) (43) (13) udlclal ROVIOW Civil Harassment Fraud (16) Asset Forfeiture (05) Workplace Violence Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ?Administrative Mandamus Election Contest Other Professional Malpractice Writ?Mandamus on Limited Court Petition for Name change (not medical or legal) Case Matter Petition for Relief From Late IOther Tort (35) Writ-Other Limited Court Case Claim mp oymen Review Other Civil Petition Wrongful Temmtton (35) Other Judicial Review (39) . Other Employment (15) Review of Health Of?cer Order Notice of Appeal?Labor Commissioner Appeals CM-010 [Rev. July 1. 2007] CIVIL CASE COVER SHEET Pagezerz