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17 ( G( 6. Ma Properties harasses us with notices demanding that we pay a 10% late fee for the times that our rerithas been late. We have provided Ma Properties with information about the late fee clause and California Law and he refuses to listen to it. His late fee clause is illegal because it both contains a pre-determined fee and is so high that it is punitive in nature. For example, for being two days late he is attempting to charge us $169.00, which far exceeds the 10% annual rate permitted by California law. While we do regret ever being late paying rent, Alicia and I have gone through extraordinary hardship at times. In spite of the hardship that we have gone through, out tent has never been mote than 5 days late, and most times when paid late was only one or two days late. Ma Properties has contributed to that hardship by lying about promised facilities, using a "bait and switch" technique to get us to give them a deposit two times larger than the one month his ad stated was required, and by committing breaches of the lease contract including the implied warranty of habitability and maintaining a reasonabiy rodent proof building, as there have been many pest infiltrations into the building's basement that Ma Properties has done nothing to abate. We simply ask that you help clarify who is correct in this matter. To summarize, we are asking for immediate return of $ of our original $ security deposit plus a permanent reduction in rent totaling $ We are also asking for a temporary one-year reduction of rent of $36.00 per month to compensate us for the fact that this apartment, which was advertised as laundry-ready, was not laundry ready until over three months after we moved in, and only aftet we paid a plum bet $ to do wotk which Ma Properties should have paid for. Also whatever value you would assign to the deplorable way that Ma Properties has treated us

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149 PROOF OF SERVICE Case Number L I am a resident of the State of California at least eighteen years of age. I am not a party to the Residential Rent Adjustment Program,case listed above. I am employed in Alameda County, California. My business address is 250 Frank H. Ogawa Plaza, Suite 5313, 5th Floor, Oakland, California Today, I served the attached documents listed below by placing a true copy of it in a sealed envelope in a City of Oakland mail collection receptacle for mailing on the below date at 250 Frank H. Ogawa Plaza, Suite 5313, 5th Floor, Oakland, California, addressed to: Documents Included Order Owner William Wiebe 278 Connecticut St San Francisco, CA Tenants Alisa Highfill 3515 Brighton Ave #1 Oakland, CA Bernadette Quattrone 3515 Brighton Ave #1 Oakland, CA Collin Quillian 3515 Brighton Ave #1 Oakland, CA Marvin Gleaton 3515 Brighton Ave #2 Oakland, CA Steve Arnwine 3515 Brighton Ave #3 Oakland, CA Taylor Campion 3515 Brighton Ave #3 Oakland, CA I am readily familiar with the City of Oakland's practice of collection and processing correspondence for mailing. Under that practice an envelope placed in the mail collection receptacle described above would be deposited in the United States mail with the U.S. Postal Service on that same day with first class postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on July 1 7, 2018 in Oakland, CA

Case 3:04-cv SC Document 158 Filed 11/09/2005 Page 1 of 5

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