UD-100

0,
—JAMIE J. STERNBERG ESQ., STATE BAR
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Ba u daddtessf
NO. 155193
FOR COURT USE ONL Y

Kirnbal, Tirey 8 St. John LLP

7676 Hazard Center Drive, Suite 900B
San Diego, CA 92108
TELEPHONE NO 61 9-231-1422 FAxNofoplonel) 619-234-7692
E.MAIL ADDRESS fOPlo slf

et Plaintiff RAP Holdings, LLC, a California hmited liability company

ATTQRNEY FQR IN

sUPERIQR coURT QF cALIFQRNIA, coUNTY QF San Diego

sTREE~AoDREss 330 WEST BROADWAY, ROOM 225
MAILING ADDRESS

CITYANDZIP CODE SAN DIEGO, CA 92101

BRANcHNAME CENTRAL DIVISION
RAP Holdings, LLC, a California limited liability company

DEFEIUDAPIT: DKJY, Inc.; David Miller, an individual; Jesse Malcomb, an

Fitness Group, LLC
~ DOES 1 TO ~individual; Doris Malcolm, an individual;
inr.htciUP
M&M

CASE NUMBER
COMPLAINT - UNLAWFUL DETAINER*
~ COMPLAINT ~ AMENDED COMPLAINT (Amendment Number):

Jurisdiction (check all that apply):

M ACTION IS A LIMITED CIVIL CASE
Amount demanded ~
does not exceed $ 20,000
~
exceeds $1 0,000 but does not exceed $25,000

~
~~ ACTION IS AN UNLIMITED CIVIL CASE (emount demanded exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check ell that apply):

~ from unlawful detainer to general unlimited civil (possession not in issue)

from unlawful detainer to general limited civil (possession not in issue)
from limited to unlimited
from unlimited to limited
~
~
1. PLAINTIFF (name each): RAP Holdings, LLC, a California limited liability company

aileges causes of action against DEFENDANT (name each):

DKJY, Incz David Miller, an individual; Jesse Malcorn, an individual; Doris Malcolm, an individual; M8 M Fitness Group, LLC

2. a. Plaintiff is (1) ~
~ an individual over the age of 18 years.
a pubitc agency.
(4)
(5)
~
~ a partnership.
a corporation.
(2)
(3) ~ other (specify)l a limited liability company
b. ~ Plaintiff has complied with the ftcttttous business name laws and is doing business under the fictitious name of (specify).

3. Defendant named above is in possession of the premises located at (street address, apt. nou city, zip code, and county):
4909 Pacific Highway, Suites A 8 B
San Diego, CA 92110
County of San Diego
4. Plaintiff's interest in the premises is
5. The true names and capacities of defendants
as owner
sued as Does are
~ other (specify):
unknown
~
to plaintiff
6. a. On or about (dale): 11/18/2010 defendant (name each):
DKJY, inc 4 David Miller, an individual; Jesse Maicomb, an individual; Doris Malcolm, an individual; MSM Fitness Group, LLC

(1) agreed to rent the premtses as a ~ (NLI other tenancy (specily): 10 Years, 9 months

~~
month-to-month tenancy
8,750.00 payabie ~
other (specify frequency):

~ ~
(2) agreed to pay rent of $ monthly

b. This
~~
(3) agreed to pay rent on the
wntten
ftrst of the month
oral
other day (specify)l
agreement was made wtth
~ plaintiff's predecessor Interest.
~ ~
(1) plaintiff. (3) in

(2) plaintiff's agent. (4) other (specify)l

*NOTE: DD not use this form for evictions after sale (Code Civ. Proc., N 1161a). Pag lots
Fo,Ape 0 edloroptonai Use COMPLAINT - UNLAWFUL DETAINER C v I Code, 9 I 940 et sec
3 d I co nnl ofCaino ~ a code of c I pfocedu e Ng 425 12, 1166
UD 100 [Rev July I, 2005i 4 vcoun socage
17-1149431
LJ ESSENTIAL FNRAIS'"
 FEAiptyiFF (Name)i RAP Holdings, LLC, a California limited liability CASE NUMBER

company
DEFEPtoAftT pvame)i DKJY, Inc.; David Miller, an individual; Jesse Malcomb,
an individual; Doris Malcolm, an individual
The defendants not named in item 6a are
(1)
(2)
~
~ subtenants.
assignees.
(3) )JBj other (specify): unknOWn aS tO DOeS.
The agreement was later changed as follows (specify)r
Rent increased to $28,314.00 per terms of Lease.

e. Q A copy of the wntten agreement. including any addenda or attachments that form the basis of this complaint. is attached
and labeled Exhibit 1. (Required for residential property, uniess item 6f is checked. See Code Civ. Proc., g 1166.)

(1) ~
(For residential property) A copy of the written agreement is not attached because (specify reason):

~ the written agreement is not in the possession of the landlord or the landlord's employees or agents.
this action is solely for nonpayment of rent (Code Civ. Proc., g 1161(2)).
7. ~ a.
(2)
Defendant (name each): DKJY, Inc d David Miller, an individual; Jesse Malcomb, an individual; Doris Malcolm
an individual; M&M Fitness Group LLC

was served the following notice on the same date and in the same manner:
(1) ~
~ 3-day notice to pay rent or quit
30-day notice to quit
(4)~
~ 3-day notice to perform covenants or quit
3-day notice to quit
(2)
(3) ~ 60-day notice to quit
(1) On (date)i 06/16/2017
(5)
(6)~ Other (specify)i 3-BuSineSS Day Pay Quit
the penod stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
Ail facts stated in the notice are true.

~
~ The notice included an election of forfeiture.
A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
$ 1166.)
~ One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment Sc. (Check item 8c and attach a statement providing the information required
by items 7a-e and 8 for each defendant.)

in item 7a was served on the defendant named in item 7a as follows:

(1)
(2)
~
The notice

~ by personally handing a copy to defendant on (date):

by leaving a copy with (name or description):
a person of suitable age and discretion. on (dale)r at defendant's
~ residence
(dale)r
~ business AND mailing a copy to defendant at defendant's place of residence on
because defendant cannot be found at defendant's residence or usual
place of business.
(3) ~ by posting a copy on the premises on (date): 6/13/2017 ~ AND giving a copy to a
person found residing at the premises AND mailing a copy to defendant at the premises on
(date): 6/13/2017
~ because defendant's residence and usual place of business cannot be ascertained OR

~ ~
(a)
(b) because no person of suitable age or discretion can be found there.
(4) (Nor for 3-day notice; see Civil Code, g 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (date):
(5) ~ (Not for residential tenancies; see Civil Code, g 1953 before using) in the manner speofied in a wntten
commeroai lease between the parties.
b CI (Name)r
was served on behalf of all defendants who signed a joint written rental agreement.
c. Q Information about service of notice on the defendants alleged in item 7f is stated in Attachment Sc.
d. Cl Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

Uc-100IR 3 121,20051 COMPLAINT - UNLAWFUL DETAINER Page 2 of 3

: ESSENTIAl EIINAIS"
17-1149431
 PLAINTIFF (Name)i RAP Holdings, LLC, a California limited liability CASE NUMBER

company
DEFENDANT (Name)i DKJY. Inc; Miller; Ma(comb, Ma)comb, M&M Fitness Group, LLC

9. ~ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
10. ~ 3 business day
At the time the 3Q@notice to pay rent or quit was served, the amount of rent due was $ 33,807.40
11 ~ The fair rental value of the premises is $ 1,024.46 per day. (SEE ATTACHMENT)

12. ~ Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b). (Slate specific facts supporting a c/aim up to $600 in Attachment 12)

13. ~ A wntten agreement between the parties provides for attorney fees.
14. ~ Defendant's tenancy is sublect to the local rent control or eviction control ordinance of (city or county, litle of ordinance,
and date of passage):

Plaintiff has met all applicable requirements of the ordinances

15. ~ Other allegations are stated in Attachment 15.

16. Plaintiff accepts the jurisdictional limit, if any, of the court.

17. PLAINTIFF REQUESTS

a. possession of the premises
b. costs incurred this proceeding
f. ~ damages at the rate stated in item 11 from
(date): 07/01/2017 for each day that
~
c.
~
in
past-due rent of $ 33,807.40
~ defendants remain in possession through entry of judgment
statutory damages up to $ 600 for the conduct alleged in item 12.
d.
~
e.
reasonable attorney fees.
forfeiture of the agreement.
g.
h. ~ other (specify): Additional late fees of $ 3,073.40.

18. ~ Number of pages attached (specify)i

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, Q 6400-6415)

19. (Complete in all cases ) An unlawful detainer assistant did not ~ did ~
for compensation give advice or assistance
with this form. ((f plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:)

a. Assistant's name: c. Telephone Noc

b. Street address, city, and zip code: d. County of registration
e. Registration Noz
f. Expires an
(date)'ate:

06/20/2017

.IAMIF 3 STFRNiqFR(3 ESQ

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)

VERIFICATION

(Use a different venfication form if the verification is by an attorney or for a corporalian or partnership.)
Iam the plaintiff in this proceeding and have read this complaint I declare under penalty of perlury under the laws of the State of
California that the foregoing is true and correct.

Date:

Pl FASF SFF ATTACHFF)

(TYPE OR PRINT NAME) (SIGNATURE OF PiAINTIFF)

UO-100 [Rey July I, 2005( COMPLAINT - UNLAWFUL DETAINER Pege 3 ef 3

L'J ESSENTIAL EIIRMS'"

17-1149431
NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM
IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT.
1. If you 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 file this form within 10 days of the date of service listed in the box on the right hand side of this form.
~ Exception: if you are a tenant being evicted after your landlord lost the property to foreclosure, the 10-day deadline does not

apply to you and you may file this form at any time before judgment is entered
3. If you file this form, your claim will be determined in the eviction action against the persons named in the complaint.
4. If you do not file this form, you may be evicted without further hearing.
5. If you are a tenant being evicted due to foreclosure, you have additional nghts and should seek legal advice immediately
CLAIMANT OR CLAIMANT'S AITORNEY (Name and Address) TELEPHONE No FOR COURT USE ONLY

ATTORNEY FOR (Name)

NAME QF CQURT: SAN DIEGO SUPERIOR COURT

smEE)'AooREss 330 WEST BROADVVAY, ROOM 225
MAILING ADDRESS
CITY AND ZIP CODE SAN DIEGO, CA 92101
BRANCH NAME CENTRAL DIVISION
Plaintiff. RAP Holdings, LLC, a California limited liability company
Defendant: DKJ Y Inc, Davrd Mriler, an nd v dual, Jesse Matcomb, an ndmd al Dona Malcomb, an fndmfdual Msh I F tness(TnasfhLLC

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION CASE NUlvlBER

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 (Dale that form is served or delivered,
Summons and Complaint.) posted, and mailed by the officer or
3. You still occupy the subject premises. process server)
I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:
1. My name is (specify):
2 I reside at (streel address, unit no., city and 2)P code):

3 The address of "the premises" subject to this claim is (address):

4909 Pacific Highway, Suites A 8 B
San Diego, CA 92110

4. On (inse(f dale). 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.)
5. occupied the premises
I on the date the complaint was filed (tbe date in item 4). have continued to occupy the premises ever
I

since.
6. wasI at least 18 years of age on the date the complaint was filed (lbe date in item 4).

7. I claim a nght to possession of the premises because I occupied the premises on the date the complaint was filed (tbe date in item
4).
8. was
I not named in the Summons and Complaint.

9. understand
I that if make this claim of possession,
I I will be added as a defendant to the unlawful detainer (eviction) action

10 (Filing fee) understand

I that must go to the court and pay a fihng fee of 3
I
or file with the court an
"Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file the form for waiver of court
fees, I will not be entitled to make a claim of right to possession.
(Continued on reverse)
PREJUDGMENT CLAIM OF RIGHT Code of Cml Procedure vssvJ15 SS
CP10 5 [Re June 15 2015) 115 010 215 020 11 -'
TO POSSESSION
1 7- 1 1 4943 1
FSSNTIA( FORMS'"
 CP10.5
Plaintiff: RAP Holdings, LLC, a California limited liability company CASE NUMBER

Defendant'KJY, Inc; Miller: Ma(comb, Ma)comb, MB M Fitness Group, LLC

11 if my landlord lost this property to foreclosure, I understand that I can file this form at any time before judgment is entered, and
that I have additional rights and should seek legal advice.

12. understand that

I I have five days (excluding court holidays) to file a response to the Summons and Complaint after
will I file this
Prejudgment Claim of Right to Possession form.

NOTICE: If you fail to file this claim, you will be evicted without further hearing.

13. Rental agreement. have (check all that apply to you).

a.
b.
~
~
I

an oral or written rentai agreement with the landlord.

an oral or written rental agreement with a person other than the landlord.
c.
d.
~
~ an oral or written rentai agreement with the former owner who lost the property to foreclosure
other (explain):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

WARNING: Perjury is a felony punishable by imprisonment in the state prison

Date

(TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT)

NOTICE: if you file this claim to possession, the unlawful detainer action against you will be
determined at tnal. At tnal, you may be found liable for rent, costs, and, in some cases, treble
damages.

- NOTICE TO OCCUPANTS-

YOU MUST ACT AT ONCE are true:

if all the following
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed.
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 filed If 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 file this form at any time before iudgment is
entered. You should seek legal advice immediately.
if you do not complete and submit this form (and pay a filing fee or file a fee waiver form if you cannot pay the fee), YOU
WILL BE EVICTED.

After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and your right to
occupy the premises will be decided by the court. If you do not file this claim, you may be evicted without a hearing

CP 5 5(,Re ( ee 15 2015) PREJUDGMENT CLAIM OF RIGHT TO POSSESSION P 9 I

ESSENTIAL FORMS'" 17-1149431

 MC-020
SHORT TITLE: CASE NUMBER

RAP Holdings, LLC v OKJY, Inc., M&M Fitness Group, LLC, Miller; Malcomb, Malcomb

ATTACHMENT 15

At the time of service of the notice to pay rent or quit, additional rent was owed and demanded therein as

and for late fees of $ 3,073.40.

6 ATTACHMENT 11

7 Daily rental value is inclusive of base rental and common area estimated monthly expense of $ 2,420 00,

8 for a total of $ 30,734.00, divided by 30.

10 ATTACHMENT 8c
The notice in item 7a was additionally served on defendant DKJY, Inc. as follows: by leaving a copy with

12 Martha Doe, person in charge, a person of suitable age and discretion, on 06/13/2017 at the address for

13 DKJY, Inc/s agent for service of process AND mailing a copy to defendant at the same address on

14 06/13/2017 because defendant's agent for service of process could not be found at that address.

15

16 The notice in item 7a was additionally served by certified mail, a manner specified in the commercial

17 lease between the parties, by mailing it on June 13, 2017 to:

18 DKJY, Inc. (Attn: Jeong Min Han-agent for service) at 4475 Mission Blvd., B-1, San Diego, CA 92109

tg DKJY, Inc. (Attn: Jeong Min Han-agent for service); M&M Fitness Group, LLC, (Jesse Malcomb as the

20 agent for service of process); David Miller, Jesse Malcomb; and Doris Malcomb, at 4909 Pacific

21 Highway, Suites A & B, San Diego, CA 92110

22

23

25

26 (Rer/uired for verified pleading) The items on this page stated on information and belief are(specify item numbers, not line
numbers):
27
This page may be used with any Judicial Council form or any other paper filed with the court
Page~ I

Form App o ed by the ADDITIONAL PAGE 17-1149431 CRC O'»9'

Judto at Couhol of Cabforhra
MC-020 INe Jah ary 1, 1 sari Attach to Judicial Council Form or Other Court Paper
OptohalForm tl M O
~r~ "
LJ ESSENTIAL FORMS
 NOTICE TO PAY REiNT OR QUIT

TO: DKJY, FNC4 «MkM FITNESS GROUP, LLC, A CALIFORNIA LIMITED LIABILITY
COihlPANY; DAVII) MII.LKR, AN INDIVIDUAL;,lKSSE MALCOi)IB, AN INDIVIDUAL; DORIS
)IALCOLM, AN INDIVIDUAL
AiND ALI. OTHFRS IN POSSESSIO}iqq

XVITHIN 1'HREE (3) BUSINESS DAYS, after the service on you of this Notice you are hereby required to pay the
delinquent rent of the premises hereinafter described, of which you now hold possession, as follows:

S30,734.00a FROiM 6/I/2017 TkIROUGII 6/30/2017

or you arc hereby required to deliver up possession of the hereinafter described premises, within three (3) business
days af'ter service on you of this notice, to the undersigned, or RAP HOLDINGS, I.LC, A CALII'ORNIA
LliMITED LIABILITY COMPAtNY; UNITED PART'1KRS, LLC, A CALIFORNIA LIMITED LIABILITY
COMPAiNY cvho/which is authorized to receive the same, or legal proceedings will be instituted against you to
declare the forfeiture of the lease or rental agrcemcnt under which you occupy the hereinbelow described property
and to recover possession of said premises, to recover all rent past due, to recover court costs and attorney fees as
permitted by law, and you may be liable for additional stamtory damages of up to SIX HUNDRED DOLLARS
($600.00) in accordance v;.ith California Code of Civil Procedure Section 1174(b), as a result of your failure to
complv with the terms of this Notice. You are further notified that. Oxvner/Agent does hereby elect to declare thc
forfeiture of your Lease Agrcemcnt under vvhich you hold possession of the above-di:scribed premises.

The premises herein reFerred to are situated in the City of SAN DIEGO, County of SAN DIEGO, State
designated by the number and street as 4909 PACIFIC kIIGHWAY, SUITES A. B. 4 of'alif'ornia,

Dated: June 13,20I7

Jantie J. Stcrnberg
Attorney for Agent/Lanclforcl
Kitnbaff, Tirey J'c SL John LLP
7676 f.fazarcf Center Drive. Suite 900-B
San Diego, CA 92108
(619) 231-1422

aTIIE AMOUNT DEhIANTDED HEREIN IS INCLUSIVE OF LATE CHARGES FOR JUiNE 2017 IN TII E
AMOUNT OI'3,073.40.
THIS iNOTICE SUPERSEDES ALL PRIOR NOTICES SERVED.

Please be advisecl that ocvner/otvner's agent hereby enpressly rcsetwes any and all rights to accept partial
payments vrithuut waivin ~ thc right to suck possession of the subject premises based on this Notice. Further,
acceptance of partial payments shall not be deemed a waiver of any and/or all rights incident to the rental
agreement/lease bctvvccn the parties. (California Code of Civil Procedure Section 1161.1(b) et seq.).
Further, the aruount dmnandcd herein shall be deemed "estimated" per California Code of Civil Procedure
1161.1(n).

Payment may be macle to the owner/a««ent at the tollowin«'ddress: IIAtMIN POURTEYMOUR, 9005 BLACK
GOLD ROAD> LA JOLI.A, CA 92037

Telephone nuinber for the abovc-address: (619) 572-7700

Payments made in person shall bc delivered to owner/agent bctcvecn the hours 9t00 Ada. TO 5:00 P.iyl. on the
foffocviit««clavs of'tlm week: MOiNDAY THROUGH FRIDAY
 June 14 20)T Advanced Attorner Serv cee, Inc fax (519) 299-5059

ATTORNEY OR PARTY WITHOUT ATTORNEY (tuama, Slate Bar numbe, and addn ee) FOR COURT USE ONLY

KIMBALL, TIREY & ST. JOHN

7676 HAZARD CENTER DRIVE, ¹900 SAN DIEGO, CA 92108
TELEPHONE NO (619) 231-1422 FAX NO (Opt anal). (619) 234-7692
E-MAIL ADDRESS (Op/ronal)
ATTORNEY FOR (Name)':

STREETADDRESS
MAILING ADDRESS

CITY AND ZIP CODE', CA

BRANCH

NAME'LAINTIFF/PETITIONER
RAP HOLDINGS, LLC CASE NUMBER

DEFENDANT/RESPONDENT: DKJY INC.

Ret No o File No.

PROOF OF SERVICE BY CERTIFIED MAIL 17-1149431

BY FAX
Iam a citizen of the United States and employed in the County of San Diego, State of California. I am over the age of 18 and
not a party to the within action. My business address is 3500 Fifth Ave., Suite 202, San Diego, CA 92103.

On June 13, 2017, mailed by Certified

I Mail copies of the:
3 COMMERCIAL-BUSINESS-DAY NOTICE TO PAY OR QUIT

to the defendant in said action by placing a true copy thereof enclosed in a sealed envelope, with Certified Mail postage thereon
fully prepaid, in the United States Mail at SAN DIEGO, California, addressed as follows:

DKJY INC. (ATTN: JEONGMIN HAN - AGENT FOR SERVICE); M & M FITNESS GROUP, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY (JESSE MALCOMB IS THE AGENT FOR SERVICE); DAVID MILLER, AN INDIVIDUAL; JESSE
MALCOMB AN INDIVIDUAL; DORIS MALOLM AN INDIVIDUAL
4909 PACIFIC HIGHWAY SUITES A & B
SAN DIEGO, CA 92110

Iam readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would
be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid at SAN DIEGO,
California in the ordinary course of business.

Fee for Service: 10.00

declare under penalty of perjury under the laws of the
Advanced Services, Inc.
I

Attorney The State of California that the foregoing information

3500 Fifth Ave., Suite 202 contained in the return of service and statement of
San Diego, CA 92103
(619) 299-2012 service fees is true and correct and that this declaration
WWW.ATTORNEYSERVICE.COM was executed on Ju e 14,2(rhJI.

Signature:
JOYCE BARWICK

QXHLBlT 5 PROOF OF SERVICE BY CERTIFIED MAIL

Order¹: 613431OANA/mailproof
 U.S. Postal Service™
CERTIFIED MAILs RECEIPT
Domestic Mail Only

OF cFl CI @~SE
Extla SeMtaa tt Fees ( Imcemm a ee asmttmmt
Clammca ctsmccctt
Ci asm aec pt(seem '
Cimmc t mat trna ct taamn
s
s " net
4'-".'.7
past ark

EJcc asacem aec ~ s

Sctatecstasa
38t
+KJY
X-
INC (ATitttL JEgglj HAN) M&M
FITNESS GROUP, LLC (ATTN: JESSE
MALCOMB); DAVID MILLER; JESSE
MALCOMB; DORIS MALCOLM
cic( siataTiii 4909 PACIFIC HIGHWAY SUITES A & B
SAN DIEGO, CA 92110

EX HI B IT3
 J ne Ia 2017 Ad ancedAttomey Servcea, Inc fax (619) 299-5058
FOR OOUR7 USE ONLY
KIMBALL, TIREY & ST. JOHN
7676 HAZARD CENTER DRIVE, ¹900 SAN DIEGO, CA 92106

TELEPHONE NO (619) 231-1422 FAX NO (Optional) (619) 234-7692

E-MAIL ADDRESS (Opto al)

BY FAX
PROOF OF SERVICE HEARING DATE DAY DEPT Ref No or File No
17-1149431

AT THE TIME OF SERVICE I WAS AT LEAST 18 YEARS OF AGE AND NOT A PARTY TO THIS ACTION, AND I SERVED
COPIES OF THE:
3 COMMERCIAL-BUSINESS-DAY NOTICE TO PAY OR QUIT

NAME OF OCCUPANT: DKJY INC. (ATTN: JEONG MIN HAN - AGENT FOR SERVICE); M & M FITNESS GROUP, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (JESSE NIALCOMB IS THE AGENT FOR SERVICE);
DAVID MILLER, AN INDIVIDUAL; JESSE MALCOMB AN INDIVIDUAL; DORIS MALOLM AN
INDIVIDUAL

DATE OF Posting: June 13, 2017

TIME OF Posting: 12:67 pm

DATE OF MAILING: June 13, 2017

PLACE OF MAILING: SAN DIEGO

ADDRESS OF PROPERTY; 4909 PACIFICHIGHWAY SUITES A & B,

SAN DIEGO, CA 92110
(BUSINESS)

MANNER OF SERVICE:
Manner of Service: Posting upon a Commercial Tenant
By posting in a conspicuous place on the property therein described, there being no person of suitable age or
discretion to be found at the rental property through the excercise of reasonable diligence, and also by sending a copy
via first class mail, postage prepaid, to the tenant at the address where the property is situated.CCP 1162(b)(3).

Fee for Service: 54. 95 Ideclare under penalty of perjury under the laws of the
County: SAN DIEGO The State of California that the foregoing information
Registration Nod 1989 contained in the return of service and statement of
Advanced Attorney Services, Itic . service fees is true and correct and that this declaration
3500 Fifth Ave., Suite 202 was executed on June 14, 2017.
San Diego, CA 92103
(619) 299-2012

KEVIN MASTERSON

982(a)(23)/New July I, 1987)

PROOF OF SERVICE
Order¹: 61394310AN/30DAY
 J ne In 2017 Adva ced Ader ey Serv cea I c fax /619) 299-5058
FOR COURTUSEONLY
KIMBALL, TIREY 8 ST. JOHN
7676 HAZARD CENTER DRIVE, ¹900 SAN DIEGO, CA 92106

TELEPHONE NO (619) 231-1422 FAX NO /Oplronal) (619) 234-7692

E.MAIL ADDRESS (Onlona0

BY FAX
PROOF OF SERVICE HEARING DATE DAY TIME DEPT Ref No or F le No
17-1149431

AT THE TIME OF SERVICE I WAS AT LEAST 18 YEARS OF AGE AND NOT A PARTY TO THIS ACTION, AND I SERVED
COPIES OF THE:
3 COMMERCIAL-BUSINESS-DAY NOTICE TO PAY OR QUIT

NAME QF OCCUPANT: DKJY INC. (ATTN: JEONG MIN HAN - AGENT FOR SERVICE)

PERSON LEFT WITH: MARTHA nDOEn - PERSON IN CHARGE

DATE OF SERVICE: June 13, 2017

TIME OF SERVICE: 01:15pm

ADDRESS OF PROPERTY: 4475 MISSION BLVD. B-1,

SAN DIEGO, CA 92109
(BUSINESS)

PHYSICAL DESCRIPTION: Age: 25-30 Weight: 130 Hair: RED

Sex: female Height: 5'8 Eyes: BROWN
Skin: HISP Marks:

MANNER OF SERVICE:
Substituted Service - By leaving the copies with or in the presence of MARTHA nDOEn a person at least 18 years of age
apparently in charge at the office or usual place of business of the person served. I informed him/her of the general nature
of the papers. I thereafter mailed the copies to the person served, addressed as shown in above address, by first-class mail,
postage prepaid, on June 13, 2017 from SAN DIEGO.

Fee for Service: 54. 95 Ideclare under penalty of perjury under the laws of the
County: SAN DIEGO The State of California that the foregoing information
Registration Nou 3127 contained in the return of service and statement of
Advanced Attorney Services, Inc. service fees is true and correct and that this declaration
3500 Fifth Ave., Suite 202 was executed on June 14, 2017.
San Diego, CA 92103
(619) 299-2012
3-:..-..- t L t'.,:-,
JESUS LOPEZ
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CA% IKDI I
PROOF OF SERVICE
982/a)f23)INe July 1 1987)
Order¹: 61394310AN2/30DAY
 Jc e IS 2017 Ad a ced Attorney Ser ces, Inc fax (619l 299-5058
A TORNEYORPARTYINITHOUTATTORNEY(Name State!Ia o ae,a daddn.ss/ FOR COUR USE ONLY

KIMBALL, TIREY & ST. JOHN

7676 HAZARD CENTER DRIVE, ¹900 SAN DIEGO, CA 92106
TELEPHONE NO (619) 231-1422 FILXNO (Opto at) (619) 234-7692
E-MAIL ADDRESS 'I
OPaonal/
ATTORNEY FOR (Name/

STREETADDRESS

MAILING ADDRESS

CITY AND ZIP CODE, CA

BRANCH NAME

PLAINTIFF/PETITIONER RAP HOLDINGS, LLC CASE NUMBER

DEFENDANT/RESPONDENT DKJY INC.

Ref No o Fle No
PROOF OF SERVICE BY CERTIFIED MAIL 1 7-1 1 49431

BY FAX
Iam a citizen of the United States and employed in the County of San Diego, State of California. I am over the age of 18 and
not a party to the within action. My business address is 3500 Fifth Ave., Suite 202, San Diego, CA 92103.

On June 13, 2017, mailed I by Certified Mail copies of the:

3 COMMERCIAL-BUSINESS-DAY NOTICE TO PAY OR QUIT

to the defendant in said action by placing a true copy thereof enclosed in a sealed envelope, with Certified Mail postage thereon
fully prepaid, in the United States Mail at SAN DIEGO, California, addressed as follows:

DKJY INC. (ATTN: JEONG MIN HAN - AGENT FOR SERVICE)

4475 MISSION BLVD. B-1
SAN DIEGO, CA 92109

Iam readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would
be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid at SAN DIEGO,
California in the ordinary course of business.

Fee for Service: 10.00

declare under penalty of perjury under the laws of the
Advanced Services, Inc.
Attorney
I

The State of California that the foregoing information

3500 Fifth Ave., Suite 202 contained in the return of service and statement of
San Diego, CA 92103
(619) 299-2012 service fees is true and correct and that this declaration
WWW.ATTORNEYSERVICE.COM was executed on Ju e 14, 2PH,

Signature:
JOYCE BARWICK

EXHIBIT 3 PROOF OF SERVICE BY CERTIFIED MAIL

Order¹: 61394310AN2A/meilproof
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