Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 08/05/2020 02:32 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mariscal,Deputy Clerk
1 LAW OFFICES OF THOMAS A. NITTI
Thomas A. Nitti, SBN 77590
2 1250 Sixth Street, Suite 305
Santa Monica, CA 90401
3 Tel.: (310) 393-1524
Fax: (310) 576-3581
4
Attorney for Defendant WIB Holding LLC
5
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF LOS ANGELES
9 CITY OF SANTA MONICA, CASE NO. 19SMCV00390
10 Plaintiff,
WIB HOLDING LLC'S ANSWER TO
11 v. FIRST AMENDED COMPLAINT
12 BARBARA BILLS, WIB HOLDING, and Hon. Craig D. Karlan
13 DOES 1-20,
Dept. N
14 Defendants
15 Defendant WIB Holding LLC hereby answers the First Amended Complaint in
16 this action as follows.
17
18 WIB Holding LLC denies the following paragraphs: 1,2,3,4, 5, 6, 7, 8,9, 10, 11,
19 24,25,26,27,29,30,31,32,33,34,35,37,38,39,41
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21
WIB Holding LLC has no information or belief on the subjects of the allegations
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contained in the following paragraphs sufficient to enable it to answer, and basing its
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denial on that ground, denies the following paragraphs: 12, 14, 15, 16, 17, 18, 19,20,21,
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22,23
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WIB Holding LLC answers the following paragraphs in the same manner that the
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28 paragraphs referenced in the following paragraphs were answered: 28,36, 40
1
WIB Holding LLC's Answer To First Amended Complaint
1
2 Answering paragraph 13, WIB Holding LLC avers that the allegations contained
3 therein about federal housing· subsidies speak for themselves for which no response is
4 required.
5
6
Reliefrequested: Answering Plaintiffs prayer, WIB Holding LLC denies that
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Plaintiff is entitled to the relief sought or any relief whatsoever.
8
9
First Affirmative Defense
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11 Section 8 subsidy is not included in the tenant's source of income.
12 Second Affirmative Defense
13 Plaintiff cannot force defendants to sign a contract against their consent
14 Third Affirmative Defense
15 Plaintiff cannot coerce defendants to sign a contract under duress.
16 Fourth Affirmative Defense
17 Plaintiff cannot coerce defendants to sign a contract under menace.
18
Fifth Affirmative Defense
19
Plaintiff cannot coerce -defendants to sign a contract under threats of criminal
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prosecution, and/or civil penalties.
21
Sixth Affirmative Defense
22
Plaintiff cannot coerce defendants to waive their rights under CCP §1161.
23
24 Seventh Affirmative Defense
25 Plaintiffs action violates CC §§1565, 1569, 1570.
26 Eighth Affirmative Defense
27 Plaintiffs action violates the California Ellis Act
28 Ninth Affirmative Defense
2
WIB Holding LLC's Answer To First Amended Complaint
1 Plaintiffs action violates the California and United States constitutions
2 Tenth Affirmative Defense
3 The first amended complaint fails to allege facts sufficient to state a cause of action upon
4
which relief may be granted.
5
Eleventh Affirmative Defense
6
Participation in the Section 8 Program is voluntary.
7
8
Dated: 8/4/2020 LAW OFFICES OF THOMAS A. NITTI
9
10
11
BY~ THOMAS A. ITTI
Attorneys for Defendant WIB Holdings
12 LLC
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WIB Holding LLC's Answer To First Amended Complaint
VERIFICATIO
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF Los Angeles
I have read the
me foregoing WIB Holding LLC's Answer to First Amended Complaint __
_____________-==-
--------------~._...,_-~-__,___,_...".-__,___,___,__o__=_=__=_c__,_-------
and
and know
know il~
itscontents.
contents.
1?9
[8J CHECK APPLICABLE PARAGRAPH
o 1Iam a party10 thisac..:tion.
The
at:tion. ffi-..::::;::-------
JL
""--"--''-I--'''''''''';:5''',.:.••: :,::,,::,-------
Signature
PROOF OF SERVICE
101'\'\13,(",
IOllt\C';ICCP
STATE OF CALIFOR
CALIFORNIA. IA. COUNTY OF
o BY MAIL
I am employed in the county of _ .. State
State of CaJifornia.
ofCalifornia.
1
I am over !.he
the age
ag.eof 18 and not a party
pany to thewithin action:my business addre.'iS
addressis: __
On .20_
, 20 _ _ , I served the
me foregoing document(s) describedas __
_________________________________ on
on interested parties
parties
interested in
inthisaction.
this action.
o by placing the true copiesthereof enclosedin sealedenvelopes addressed a~
a<;statedon me
the attachedmailing li~t:
list:
o by placing 0 the original0 a true copy thereof enclosed
enclo. edin sealedenvelopes addressed as follows:
o -I
·1 depoSited
depositedsuch envelope inthe
me mail at , California.
The envelope was mailed with
wim postage thereon fullyprepaid.
o As follows: Iam "readily familiar"
with the finn's processing co~ndence
practice of collection and correspondence for mailing.
Under that practiceitwould be deposited with U.S. postalservice on thatsame day with postage thereon fully prepaid at
_____________ California in the ordinary course of business. I am aware that on motion of the
party served,serviceis presumed invalidif IX>staJ
postalcancellationdate or postage meter date ismore thanone day after date of
deposit for mailing in affidavit.
Executed on 20
,,20__ • at •. California_
California
o BY FACSllvfILE:
FACSIMll.-E: The document was transmitted to thepartiesvia electronic
(facsimile)mail to the
me number(s) noted below:
o .··(BY
"'(BY PERSONAL DELIVERY)
DELlVERY) The document was transmittedto the partiesvia personal messenger
me senger delivery service.
Executed on 20_
,• 20_ - •, at California
, California.
o (State) I declare under penalty of perjury onder
the
under !he laws of the State of California that
the foregoing are trueand correct,
correct.
o (Federal) I declare
made.
that Iam employed inthe office of a member of me whose direction the service was
the bar of this court at
Print Name
Type or Prim Signature
SllJARrS TMSJ.VER (REVISED
Sl\.lo\Rr5 EXIIRXlK
ElaRXJlC _~ l11MX1)
(REVISED "6Wl
-(BY SIGIIAT\JRE MUST BE 01'
t.WL SIGHIifURE
'(BY UAIl. 0EP0S/TlN0 EMVELOPE
Of' PERSON
f"EASIC)fol DEPOSITING
EHVELOPE IN
NEW DISCOVERY
OlSCOYERY lAW
tlEW ~ 203\
2031 C.CP.
LAW 2030 /lHDC.C.P. MAl.. BOX" OR BAG)
Sl..OT. BOX,
MAIl. $l.Ol'.EIAO)
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"(FOR PERSONAl. SERV1C€
SERVICE SIGNATVRE Of MESSENGEAj
SE THAT OF
MESSENGER)
1 PROOF OF SERVICE
2
State of California, County of Los Angeles
3
I am employed in the County of Los Angeles, State of California. I am over the
4 age of 18 and not a party to the within action; my business address is: 1250 Sixth Street,
Suite 305, Santa Monica, California 90401.
5
On August £,2020, I served the following document(s) described as:
6
7 WIB HOLDING LLC'S ANSWER TO FIRST AMENDED COMPLAINT
8
9 on the interested parties in this action by placing a true copy thereof in a
sealed envelope(s), addressed as follows (sans any fax number):
10
Lane Dilg, City Attorney
11 Adam Radinsky, City Attorney
Gary Rhoades, City Attorney
12 Santa Monica City Attorney's Office
1685 Main Street, Room 310
13 Santa Monica, CA 90401
14 Email: gary.rhoades@smgov.net
15
16 0 BY PERSONAL SERVICE - I delivered such envelope by hand to the offices of
the addressee.
17
18
o BY FAX - I faxed the document
addressee's name and address (without envelope).
to the fax number indicated below the
19 IZJ BY MAIL - I deposited such envelope in the mail at Santa Monica, California.
The envelope was mailed with the postage thereon fully prepaid.
20
IZJ BY E-MAIL -I e-mailed the document to the email address indicated below the
21 addressee's name and address.
22
I declare under penalty of perjury under the laws of the state of California that the above
23 is true and correct.
24
25 Date: August ~, 2020
Nydia Vergara
26
27
28
PROOF OF SERVICE
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Electronically FILED by Superior Court of California, County of Los Angeles on 08/05/2020 02:32 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mariscal,Deputy Clerk 1 LAW OFFICES OF THOMAS A. NITTI Thomas A. Nitti, SBN 77590 2 1250 Sixth Street, Suite 305 Santa Monica, CA 90401 3 Tel.: (310) 393-1524 Fax: (310) 576-3581 4 Attorney for Defendant WIB Holding LLC 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF LOS ANGELES 9 CITY OF SANTA MONICA, CASE NO. 19SMCV00390 10 Plaintiff, WIB HOLDING LLC'S ANSWER TO 11 v. FIRST AMENDED COMPLAINT 12 BARBARA BILLS, WIB HOLDING, and Hon. Craig D. Karlan 13 DOES 1-20, Dept. N 14 Defendants 15 Defendant WIB Holding LLC hereby answers the First Amended Complaint in 16 this action as follows. 17 18 WIB Holding LLC denies the following paragraphs: 1,2,3,4, 5, 6, 7, 8,9, 10, 11, 19 24,25,26,27,29,30,31,32,33,34,35,37,38,39,41 20 21 WIB Holding LLC has no information or belief on the subjects of the allegations 22 contained in the following paragraphs sufficient to enable it to answer, and basing its 23 denial on that ground, denies the following paragraphs: 12, 14, 15, 16, 17, 18, 19,20,21, 24 22,23 25 26 WIB Holding LLC answers the following paragraphs in the same manner that the 27 28 paragraphs referenced in the following paragraphs were answered: 28,36, 40 1 WIB Holding LLC's Answer To First Amended Complaint 1 2 Answering paragraph 13, WIB Holding LLC avers that the allegations contained 3 therein about federal housing· subsidies speak for themselves for which no response is 4 required. 5 6 Reliefrequested: Answering Plaintiffs prayer, WIB Holding LLC denies that 7 Plaintiff is entitled to the relief sought or any relief whatsoever. 8 9 First Affirmative Defense 10 11 Section 8 subsidy is not included in the tenant's source of income. 12 Second Affirmative Defense 13 Plaintiff cannot force defendants to sign a contract against their consent 14 Third Affirmative Defense 15 Plaintiff cannot coerce defendants to sign a contract under duress. 16 Fourth Affirmative Defense 17 Plaintiff cannot coerce defendants to sign a contract under menace. 18 Fifth Affirmative Defense 19 Plaintiff cannot coerce -defendants to sign a contract under threats of criminal 20 prosecution, and/or civil penalties. 21 Sixth Affirmative Defense 22 Plaintiff cannot coerce defendants to waive their rights under CCP §1161. 23 24 Seventh Affirmative Defense 25 Plaintiffs action violates CC §§1565, 1569, 1570. 26 Eighth Affirmative Defense 27 Plaintiffs action violates the California Ellis Act 28 Ninth Affirmative Defense 2 WIB Holding LLC's Answer To First Amended Complaint 1 Plaintiffs action violates the California and United States constitutions 2 Tenth Affirmative Defense 3 The first amended complaint fails to allege facts sufficient to state a cause of action upon 4 which relief may be granted. 5 Eleventh Affirmative Defense 6 Participation in the Section 8 Program is voluntary. 7 8 Dated: 8/4/2020 LAW OFFICES OF THOMAS A. NITTI 9 10 11 BY~ THOMAS A. ITTI Attorneys for Defendant WIB Holdings 12 LLC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 WIB Holding LLC's Answer To First Amended Complaint VERIFICATIO VERIFICATION STATE OF CALIFORNIA, COUNTY OF Los Angeles I have read the me foregoing WIB Holding LLC's Answer to First Amended Complaint __ _____________-==- --------------~._...,_-~-__,___,_...".-__,___,___,__o__=_=__=_c__,_------- and and know know il~ itscontents. contents. 1?9 [8J CHECK APPLICABLE PARAGRAPH o 1Iam a party10 thisac..:tion. The at:tion. ffi-..::::;::------- JL ""--"--''-I--'''''''''';:5''',.:.••: :,::,,::,------- Signature PROOF OF SERVICE 101'\'\13,(", IOllt\C';ICCP STATE OF CALIFOR CALIFORNIA. IA. COUNTY OF o BY MAIL I am employed in the county of _ .. State State of CaJifornia. ofCalifornia. 1 I am over !.he the age ag.eof 18 and not a party pany to thewithin action:my business addre.'iS addressis: __ On .20_ , 20 _ _ , I served the me foregoing document(s) describedas __ _________________________________ on on interested parties parties interested in inthisaction. this action. o by placing the true copiesthereof enclosedin sealedenvelopes addressed a~ a<;statedon me the attachedmailing li~t: list: o by placing 0 the original0 a true copy thereof enclosed enclo. edin sealedenvelopes addressed as follows: o -I ·1 depoSited depositedsuch envelope inthe me mail at , California. The envelope was mailed with wim postage thereon fullyprepaid. o As follows: Iam "readily familiar" with the finn's processing co~ndence practice of collection and correspondence for mailing. Under that practiceitwould be deposited with U.S. postalservice on thatsame day with postage thereon fully prepaid at _____________ California in the ordinary course of business. I am aware that on motion of the party served,serviceis presumed invalidif IX>staJ postalcancellationdate or postage meter date ismore thanone day after date of deposit for mailing in affidavit. Executed on 20 ,,20__ • at •. California_ California o BY FACSllvfILE: FACSIMll.-E: The document was transmitted to thepartiesvia electronic (facsimile)mail to the me number(s) noted below: o .··(BY "'(BY PERSONAL DELIVERY) DELlVERY) The document was transmittedto the partiesvia personal messenger me senger delivery service. Executed on 20_ ,• 20_ - •, at California , California. o (State) I declare under penalty of perjury onder the under !he laws of the State of California that the foregoing are trueand correct, correct. o (Federal) I declare made. that Iam employed inthe office of a member of me whose direction the service was the bar of this court at Print Name Type or Prim Signature SllJARrS TMSJ.VER (REVISED Sl\.lo\Rr5 EXIIRXlK ElaRXJlC _~ l11MX1) (REVISED "6Wl -(BY SIGIIAT\JRE MUST BE 01' t.WL SIGHIifURE '(BY UAIl. 0EP0S/TlN0 EMVELOPE Of' PERSON f"EASIC)fol DEPOSITING EHVELOPE IN NEW DISCOVERY OlSCOYERY lAW tlEW ~ 203\ 2031 C.CP. LAW 2030 /lHDC.C.P. MAl.. BOX" OR BAG) Sl..OT. BOX, MAIl. $l.Ol'.EIAO) _In 00Ilrt be ~ to. 1..0' or Fednl _ _ Coon) COIbria SlaIa In CIliI:ImIa Ccuns) Stall Ill" SlGNATVl'lE MUST BE. "(FOR PERSONAl. SERV1C€ SERVICE SIGNATVRE Of MESSENGEAj SE THAT OF MESSENGER) 1 PROOF OF SERVICE 2 State of California, County of Los Angeles 3 I am employed in the County of Los Angeles, State of California. I am over the 4 age of 18 and not a party to the within action; my business address is: 1250 Sixth Street, Suite 305, Santa Monica, California 90401. 5 On August £,2020, I served the following document(s) described as: 6 7 WIB HOLDING LLC'S ANSWER TO FIRST AMENDED COMPLAINT 8 9 on the interested parties in this action by placing a true copy thereof in a sealed envelope(s), addressed as follows (sans any fax number): 10 Lane Dilg, City Attorney 11 Adam Radinsky, City Attorney Gary Rhoades, City Attorney 12 Santa Monica City Attorney's Office 1685 Main Street, Room 310 13 Santa Monica, CA 90401 14 Email: gary.rhoades@smgov.net 15 16 0 BY PERSONAL SERVICE - I delivered such envelope by hand to the offices of the addressee. 17 18 o BY FAX - I faxed the document addressee's name and address (without envelope). to the fax number indicated below the 19 IZJ BY MAIL - I deposited such envelope in the mail at Santa Monica, California. The envelope was mailed with the postage thereon fully prepaid. 20 IZJ BY E-MAIL -I e-mailed the document to the email address indicated below the 21 addressee's name and address. 22 I declare under penalty of perjury under the laws of the state of California that the above 23 is true and correct. 24 25 Date: August ~, 2020 Nydia Vergara 26 27 28 PROOF OF SERVICE