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FILED

18 APR 10 AM 9:00

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KING COUNTY
SUPERIOR COURT CLERK
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E-FILED
CASE NUMBER: 18-2-09335-0 SEA
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7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR THE COUNTY OF KING
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9 MEAD STREET BUILDING, LLC, a


Washington limited liability company
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Plaintiff,
11 NO.
v.
12 GLOBAL BARISTAS LLC, a Washington COMPLAINT FOR UNLAWFUL
limited liability company DETAINER
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Defendants.
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15 I. JURISDICTION

16 This is a claim for unlawful detainer of property located in King County,

17 Washington. Jurisdiction is proper pursuant to RCW 59.12.050.

18 II. PARTIES AND VENUE

19 2.1 Plaintiff. Plaintiff MEAD STREET BUILDING, LLC (“Landlord”) is the

20 owner of the real property commonly known as 204 & 208 South Mead Street, Seattle, WA

21 98108 (the “Premises”).

22 2.2 Defendant. GLOBAL BARISTAS LLC (“Tenant”) is a Washington limited

23 liability company. Tenant is currently occupying the Premises for Storage, Manufacture,

24 Repair, Distribution and Offices for “Tully’s Coffee”.

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COMPLAINT FOR UNLAWFUL


DETAINER– 1
170439.1
1 III. FACTUAL ALLEGATIONS

2 3.1 Defendant is occupying the Premises as a Tenant pursuant to a Lease dated

3 November 21, 2013 which has expired (the “Lease”). The Tenant remains in the Premises as

4 a month-to-month tenant.

5 3.2 Defendant agreed to pay monthly Minimum Rent in the amount of Three

6 Thousand Eight Hundred five and 00/100 Dollars ($3,805.00) due on the first day of the

7 month.

8 3.3 In addition to Minimum Rent, the Defendant was obligated to pay a portion

9 of real property taxes and operating expenses for the building each month (the “Additional

10 Rent”).

11 3.4 Defendant failed to pay Minimum Rent due and owing for March, 2018 in

12 the amount of $3,805.00.

13 3.5 Defendant failed to pay Additional Rent due and owing for March 2018 the

14 amount of $234.05.

15 3.6 On March 28, 2018 the Defendant was served with a Five-Day Notice to Pay

16 or Vacate (the "Five-Day Notice"). The Five-Day Notice was served by posting on a locked

17 and vacant building and serving a copy on the registered agent of the Tenant. The Five-Day

18 Notice required the Defendant to pay the delinquent rent or vacate the Premises no later than

19 April 2, 2018. A true and correct copy of the Five-Day Notice is attached hereto as Exhibit

20 A.

21 3.7 The Defendant failed to pay the rent or vacate the Premises by April 2, 2018.

22 3.8 The fair market rental value of the Premises is $3,805.00 per month or

23 $127.00 per day.

24 IV. CAUSE OF ACTION

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COMPLAINT FOR UNLAWFUL


DETAINER– 2
170439.1
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2 4.1 Plaintiff reasserts and re-alleges the allegations in ¶¶ I -3.8.

3 4.2 Unlawful Detainer. The Defendant is guilty of unlawful detainer under

4 RCW 59.12.030 (3) because the Tenant continues to be in possession of the Premises after a

5 default in the payment of rent, and after notice in writing requiring in the alternative the

6 payment of the rent or the surrender of the detained premises.

7 V. PRAYER FOR RELIEF

8 WHEREFORE, the Plaintiff prays for judgment against the Defendant as follows:

9 1. Adjudging the Defendant to be unlawfully detaining the Premises; and

10 2. For an order of the court terminating the tenancy and restoring the Premises

11 to the Plaintiff and issuing a Writ of Restitution therefore; and

12 3. For judgment against the Defendant for past due Minimum Rent in the

13 amount of $3,805.00 and Additional Rent in the amount of $234.05; and

14 4. For damages for unlawful detention of the Premises at the rate of $127.00

15 per day and for each day or portion thereof for which the Premises are unlawfully detained

16 on or after April 1, 2018; and

17 5. For double damages for all rent due and owing after April 2, 2018; and

18 6. For the Plaintiff's reasonable attorneys' fees incurred in the sum of $1,400.00

19 if this action is not contested, and such further sums as the court may deem reasonable in the

20 event of a contest; and

21 7. For costs and disbursements incurred in this action; and

22 8. For interest accruing on all unpaid sums, in the amount of 12% per annum,

23 or the maximum allowable interest rate, whichever is greater, to the date of judgment herein

24 and thereafter from the date of judgment until paid; and

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COMPLAINT FOR UNLAWFUL


DETAINER– 3
170439.1
1 9. For any such other and further relief as the Court may deem just and proper.

2 DATED: This 10th day of April 2018.


AHLERS CRESSMAN & SLEIGHT PLLC
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By: /s/_Lawrence S. Glosser ________
5 Lawrence S. Glosser WSBA # 25098
larry.glosser@acslawyers.com
6 Ryan Sternoff WSBA #37021
ryan.sternoff@acslawyers.com
7 Ahlers Cressman & Sleight PLLC
999 3rd Avenue, Ste. 3800
8 Seattle, WA 98104
Phone: (206) 287-9900
9 Fax: (206) 287-9902
Attorneys for Mead Street Building, LLC
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COMPLAINT FOR UNLAWFUL


DETAINER– 4
170439.1
EXHIBIT A
FIVE-DAY NOTICE TO PAY RENT OR VACATE PREMISES
ISSUED PURSUANT TO RCW CHAPTER 59.12

TO: Global Baristas, LLC, Tenant Leased Premises: 204 & 208 South Mead Street
204 & 208 South Mead Street Seattle, WA 98108
Seattle, WA 98108

AND TO: ALL OTHER PERSONS HOLDING


UNDER SAID TENANT(S), whom
occupy the Leased Premises

YOUR AND EACH OF YOU ARE HEREBY NOTIFIED that rent (and other charges,
if any) for the above premises are due and owing, as follows:

March 2018 Base Rent: $3,805.00


Additional Rent (CAM): $876.00
Additional Rent (Late Charge) $234.05

Total Amount Due: $4,915.05

The above being rent owing for the month of March 2018 including Base Rent and
Additional Rent.

You are required to pay the undersigned the full amount owing within five (5) days of
receipt of this notice, or in the alternative, to vacate and surrender the premises. This notice is
issued pursuant to RCW Ch. 59.12 which provides that a tenant is in unlawful detainer of real
property if the tenant fails to comply with the demands of this notice. If you do not pay the full
amount owing within five (5) days of the receipt of this notice, your tenancy will be forfeited.
Further if you fail to pay the full amount owing or vacate the premises within five (5) days of
receipt of this notice, judicial proceeding will be commenced for your eviction.

Payment to be made to the undersigned Landlord at the address listed below. No partial
payments will be accepted.

Dated: March 28, 2018 Landlord: Mead Street Building, LLC

Ahlers Cressman & Sleight PLLC /s/ Karen Stephens, Property Manager for Landlord
Attn: Ryan W. Sternoff, Esq. Mead Street Building, LLC, Landlord
999 Third Avenue, Ste. 3800 by Azose Commercial Properties, its Property Manager
Seattle, WA 98104 8451 SE 68th Street #200
Mercer Island. WA 98040

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION


OBTAINED MAY BE USED FOR THOSE PURPOSES

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