Former tenant files suit against Ocean Avenue Real Estate Fund, others over alleged wrongful eviction

By Noddy A. Fernandez | Jan 8, 2019

SAN FRANCISCO – A woman alleges she was wrongfully evicted from a San Francisco apartment while an agreement was pending.

Catherine Herrera Watson filed a complaint on Dec. 27 in the San Francisco Superior Court against Tony Garnicki, Ocean Avenue Real Estate Fund LLC, Charles Ma and Does 1 to 10 alleging wrongful eviction, fraud and other counts.

According to the complaint, Watson became a tenant at a Mississippi Street unit in San Francisco in April 2013. She alleges Ma became the owner of the property in June 2016 and she and Ma entered into a move-out agreement. The plaintiff alleges Ma agreed to pay her money to vacate with the first payment due May 1, 2017. She alleges Ma never made the payment, and Garnicki purchased the property in August 2017 and transferred ownership to his company, Ocean Avenue.

The plaintiff alleges Garnicki did not collect rent from her and continued with buy-out negotiations. The suit states on Dec. 13, 2017, Garnicki sent Watson a three-day notice to pay $3,300 or surrender possession of the premises for allegedly not paying rent. 

The suit states in July 2018, Garnicki was awarded a motion for summary judgment against the plaintiff and she was subsequently evicted.

The plaintiff holds Garnicki, Ocean Avenue Real Estate Fund LLC, Ma and Does 1 to 10 responsible because the defendants allegedly commenced unlawful detainer proceedings on the basis that plaintiff did not pay rent despite knowing that the parties had an agreement that no recent was to be paid pending negotiations of the buyout agreement.

The plaintiff requests a trial by jury and seeks judgment for special and general damages, cost of suit, punitive damages in the sum of $1 million and an order vacating the judgment. She is represented by Abid Aziz and Sruli Yellin of Aziz Legal in Santa Clara.

San Francisco Superior Court case number CGC18572340

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