LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION vs. MARCUS BRONFELD, et al

Complaint Information

LAW OFFICES OF KEVIN D. FREDERICK Kevin D. Frederick (CSB #83431)

Paul K. Lee (CSB #192812)

605 Middlefield Road

Redwood City, California 94063-1625 Telephone: (650) 365-9800

Facsimile: (650) 365-4206

Attorneys for Plaintiff:

LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION

SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO

(LIMITED JURISDICTION)

LIGHTHOUSE COVE HOMEOWNERS ) Case No.: ASSOCIATION, % ]; 8 @ !Z‘, ée % 8 3 8 Plaintiff, % COMPLAINT FOR: VS. ) 1. FORECLOSURE OF ASSESSMENT

) LIEN

MARCUS BRONFELD, and DOES 1 through 10,) 2. BREACH OF THE DECLARATION inclusive, % 3. MONEY DUE ON ACCOUNT Defendant(s). % DEMAND UNDER $10,000 ) (15-_&.1*-02859_“ -

FIRST CAUSE OF ACTION T T T T

FORECLOSURE OF ASSESSMENT LIEN

1. Plaintiff, LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION (hereinafter “Plaintiff” or “ASSOCIATION”) is a nonprofit corporation organized and existing under the laws of the State of California with its principal place of business in the County of Santa Mateo, State of California.

2. Defendant, MARCUS BRONFELD (hereinafter “Defendant” or “BRONFELD”) is, and, at all relevant times was, the owner of a parcel of real property located at 763 Barnegat Lane, Redwood City, CA 94065 (hereinafter “Property”). A true and correct copy of the deed to the Property is attached hereto, marked as Exhibit 1, and incorporated herein by reference. The Propertyisa .

_1A_

condominium and/or townhome unit located within the ASSOCIATION. The Property is subject to the ASSOCIATION’S Articles of Incorporation, Bylaws and its Amended Declaration of Covenants, Conditions and Restrictions (the “Declaration™), recorded September 16, 1998, as Document No. 98- 149432 in the Office of the San Mateo County Recorder. A true and correct copy of the Declaration is attached hereto, marked as Exhibit 2 and incorporated herein by reference.

3. Plaintiff does not know the true names of Defendants sued herein as DOES 1 through 10. Each of the Defendants sued as DOES 1 through 10 has, or claims to have some interest in or to the Property subject to the Assessment Lien hereinafter described, which interest or claim is subsequent to and subject to the Plaintiff’s Assessment Lien.

4. Pursuant to powers granted to Plaintiff and to the Board of Directors of Plaintiff under Civil Code Section 5600 et seq. and Article IV of the Declaration, Plaintiff assessed the Property owned by the Defendant reasonable assessments every month. All of these sums were levied against the above Property and billed to Defendant monthly. Pursuant to the above authorities, regular, special assessments dues accrue interest and late charges and the Defendant is liable for all costs of collection, and reasonable attorney’s fees.

5. Defendant made sporadic payments throughout the years.

6. On March 1, 2012, Defendant was notified by mail that she was in default for nonpayment of monthly assessments dues, and demand for payment was made. Defendant was informed that if the monthly assessments were not paid within thirty days, an Assessment Lien would be recorded against the Property. A true and correct copy of said letter is attached hereto, marked as Exhibit 3 and incorporated herein by reference. This letter is required by Civil Code Section 5660.

7. On August 2, 2012, Plaintiff recorded a Notice of Assessment Lien against the Property for the amount of $5,403.23 for unpaid assessments owed at that time. A true and correct copy of the Notice of Assessment Lien is attached hereto, marked as Exhibit 4, and incorporated herein by reference.

8. On August 2, 2012, a Notice of Assessment Lien was mailed to the Defendant. A true and correct copy of the Notice of Assessment Lien letter is attached hereto, marked as Exhibit 5, and

incorporated herein by reference.

SECOND CAUSE OF ACTION BREACH OF DECLARATION

18. Plaintiff hereby incorporates by reference each and every allegation of the paragraphs above. |

19. Pursuant to Civil Code Section 5975 and Plaintiff’s Declaration, the assessments are also the personal debt of the owners of the Property at the time the assessment 1s made.

20. Plaintiff has in all respects performed all conditions and covenants on Plaintiff’s part for performance required by the above-mentioned agreement between Plaintiff and Defendants.

21. Defendant is in breach of the Declaration.

22. As of June 1, 2018, as a direct and legal cause of Defendant’s breach of the Declaration, due to non-payment of regular assessments, special assessment, late charges, interest, costs and attorney’s fees, Plaintiff has been damaged in the amount of $6,857.39, plus accruing monthly regular assessments, late charges, interest, costs and attorney’s fees after this complaint is filed.

IIIL.

THIRD CAUSE OF ACTION MONEY DUE ON ACCOUNT

23. Plaintiff hereby incorporates by reference each and every allegation of the paragraphs above.

24. Within the past four years as of June 1, 2018, Defendant became indebted to Plaintiff on a mutual, open and current account for money$6,857.39 for regular monthly assessments, late charges, interest, attorney’s fees and costs pursuant to the Declaration.

25. Neither the whole nor any part of the above sum has been paid although a demand therefor has been made, and there is now due, owing and unpaid the sum of $6,857.39. After June 1, 2018, the amount owed will contim;e to increase at the rate of $342.08 per month, along with late charges of 10% per month, interest at the rate of 12% per annum, plus accruing attorney’s fees and costs.

WHEREFORE, Plaintiff prays:

ON THE FIRST CAUSE OF ACTION

1. | For a judgment against Defendant, MARCUS BRONFELD, for:

a) The sum $6,857.39, plus regular assessments accruing at the rate of $342.08 per month, late charges accruing at the rate of 10% per month, and interest accruing and unpaid from the date of this complaint at the rate of $12% per annum;

b) Costs of this suit and attorney’s fees in an amount the court may adjudge reasonable;

¢) Such additional sums, if any, as Plaintiff may hereafter expend to protect its security in the property described in the Notice of Assessment Lien, together with interest thereon, according to proof.

2. For judgment that the rights claim, ownership, liens, and demands of Defendant and Does 1-10 are subsequent, and subordinate to Plaintiff's Assessment Lien.

3. .That the court adjudge that the Assessment Liens referred to as Exhibit 4 be foreclosed, and that the usual judgment be made for the sale of the premises, according to law, by the Sheriff of the County of San Mateo, or a Commissioner to be appointed by the Court; that the proceeds of the sale be applied in payment of the amounts dues Plaintiff; that Defendant and all persons claiming under Defendant subsequent to the recordation of the Notice of Assessment Lien, excepting only the lien of any first mortgages, may be barred and foreclosed from all rights, claims, interest, or equity or redemption in the premises, and every part of the premises, when time for redemption has elapsed.

4. That Plaintiff may have the judgment and execution against Defendant for any deficiency that may remain after applying all the proceeds of the sale of the Property properly applicable to the satisfaction of said judgment.

5. That the court permit Plaintiff or any other parties to this suit to become a purchaser at the foreclosure sale, that when the time for redemption has elapsed, the Commissioner or Sheriff execute a deed to the purchaser of the Property at the sale; and that the purchaser be let into possession of the property on production of the Commissioner’s or Sheriff’s deed.

6. For such other relief as the Court may deem just and proper.

ON THE SECOND CAUSE OF ACTION

1. For a judgment against Defendant MARCUS BRONFELD for:

ON THE THIRD CAUSE OF ACTION

1. For a judgment against Defendant MARCUS BRONFELD for:

a) The sum $6,857.39,Ip1us regular assessments accruing at the rate of $342.08 per month, late charges accruing at the rate of 10% per month, and interest accruing and unpaid from the date of this complaint at the rate of 12% per annum;

b) Costs of this suit and attorney’s fees in an amount that the court may adjudge reasonable;

2. For such other relief as the Court may deem just and proper.

Dated: \| un ? 2018. //LSQ;_\

PAUL K. LEE Attorney for Plaintiff