South Association Moves to Foreclose on Homeowner

Tom Fier
LAW OFFICES OF TOM FIER
675 Mariners Island Blvd.
Suite 106
San Mateo, CA 94404-1040
Telephone: (650) 572-1900
Facsimile: (650) 572-8109
State Bar #076386

Attorneys for Plaintiff EDGEWATER ISLE SOUTH OWNERS' ASSOCIATION

 

Filed San Mateo County December 5, 2007


Summons Issued

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
CIVIL - LIMITED JURISDICTION

EDGEWATER ISLE SOUTH OWNERS' ASSOCIATION,
a non-profit California corporation,

Plaintiff

v.

 

NORMA RONCO, and DOES 1-10,
inclusive

 

Defendants.

Case No. CLJ 468285

COMPLAINT AND COMMON COUNTS (CONDOMINIUM ASSESSMENTS)

Plaintiff complains of Defendants above-named, and each of them, jointly and severally, and alleges:

FIRST CAUSE OF ACTION

1. Plaintiff is a condominium homeowners association, and a non-profit California corporation duly organized and existing under and by the laws of the State of California governing such corporate entities.

2. Plaintiff is not certain of the true names and capacities of Defendants DOE 1 through DOE 10, inclusive, and therefore, Plaintiff sues said Defendants under and by the

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provisions of Code of Civil Procedure, §474. Plaintiff is informed and believes, and thereon alleges, that said DOE Defendants, and each of them, claim some interest in the real property constituting the subject of this action, and that said interest is subject to this lawsuit and its effect on the title.

3. Defendant NORMA RONCO (hereinafter "HOMEOWNER"), claims an interest in the real property constituting the subject of this action, and said interest is subject to this lawsuit and its effect on the title.

4. On November 27, 1988, Plaintiff caused to be recorded in the Official Records of the County of San Mateo, State of California, a document entitled, "Declaration of Covenants, Conditions and Restrictions," said document was recorded as Document Number 85127921, and the First Amendment to Declaration of Covenants , Conditions and Restrictions, recorded on April 16, 1986, in the Official Records of the County of San Mateo, State of California as Document Number 86037409. Among other things, said documents (hereinafter "Declarations") provide that all purchasers of condominium units shall take title subject to said Declarations. Furthermore, said Declarations empower and require Plaintiff to levy assessments for the maintenance of the common area, as well as for capital necessary for the management of said Association.

5. After November 14, 1986, Defendant took title to the real property subject to this action commonly known as 2111 Vista Del Mar, San Mateo, California, and more particularly

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described in the attached Exhibit "A" which is incorporated herein by reference as though fully set forth at length. Said Defendants took title subject to the Declarations referred to above, and was, at all times material herein, and now is, bound by said Declarations.

6. Among other things, said Declarations permit and authorize Plaintiff to record a Notice of Delinquent Assessment Lien against any owner of a unit who is delinquent in the monthly dues assessments. On July 2, 2007, Plaintiff caused to be recorded in the Official Records of the County of San Mateo, State of California, its Notice of Delinquent Assessment Lien Delinquent Assessment Lien against Defendant. Said Notice of Delinquent Assessment Lien was recorded as Recorder's Document No. 2007-110054. A true and correct copy of said Notice of Delinquent Assessment Lien is attached hereto as Exhibit "B" and incorporated herein by 16 reference as though fully set forth at length.

7. Prior to the recordation of said Notice of Delinquent Assessment Lien, Plaintiff has repeatedly demanded of Defendant to pay said assessments, but Defendant has failed and refused, and continues to do so, and said sum of $9,355.00 is now due, owing, and unpaid to Plaintiff as and for the principal amount of the dues assessment.

8 . Said Declarations further provide that in the event that legal action be instituted to enforce collection of the dues assessment, as is the case herein, Plaintiff shall be entitled to recover of Defendant, in addition to all other sum of $500.00 as and for attorney's fees thus far, and is relief, reasonable attorney's fees. Plaintiff has incurred the sum of $500.00 as and for attorney's fees thus far, and is

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informed and believes, and thereon alleges, that it will continue to incur attorney's fees in such sum according to proof.

9. The Notice of Delinquent Assessment Lien alleged herein is authorized under and by the provisions of Civil Code §1366-67 as well as the Declarations set forth above.

SECOND CAUSE OF ACTION

10. Plaintiff incorporates herein, by reference, the entire FIRST CAUSE OF ACTION, and each allegation thereof, as though fully set forth at length.

11. Within four (4) years last past, at San Mateo County, California, Defendant HOMEOWNER and DOE 1 through DOE 5, inclusive, and each of them, became indebted to Plaintiff on an open book account in the sum of $9,355.00.

12. Although demand has been made on Defendant for payment of said sum, neither the whole nor part thereof has been paid, and that said sum in now due, owing, and unpaid to Plaintiff.

THIRD CAUSE OF ACTION

13. Plaintiff incorporates herein, by reference, the entire FIRST CAUSE OF ACTION, and each allegation thereof, as though fully set forth at length.

14. Within four (4) years last past, at San Mateo County, California, Defendant HOMEOWNER and DOE 6 through 10, inclusive, and each of them, became indebted to Plaintiff on an account stated in writing in the sum of $9,355.00.

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15. Although demand has been made on Defendant for payment of said sum, neither the whole nor any part thereof has been paid, and that said sum is now due, owing, and unpaid to Plaintiff.

WHEREFORE, Plaintiff prays judgment against Defendants as follows:

  1. Damages in the sum of $9,355.00;

  2. Reasonable attorney's fees in the sum of at least $1500.00, or such other or further sum according to proof;

  3. That all sums claimed herein be entitled to interest at the rate of ten percent (10%) per annum from the date said sums were owed to Plaintiff until entry of judgment;

  4. Costs of suit; and

  5. Such other and further relief as this Court may deem just and proper.

 

Dated: December 5, 2007 Tom Fier, attorney for plaintiff

TOM FIER
Attorney for Plaintiff

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