Preview
UD-105
UD-105
ATTORNEY OR
ATTORNEY PARTY WITHOUT
OR PARTY WITHOUT ATTORNEY
ATTORNEY 168221 // 165963
STATE BAR NUMBER: 168221 165963 FOR COURT
FOR USE ONLY
COURT USE ONLY
NAME: Mark
Mark D.D. Epstein
Epstein // Carl D. Ciochon
Carl D. Ciochon
FIRM NAME: WENDEL ROSEN
WENDEL ROSEN LLP LLP
STREET ADDRESS: 1111 Broadway, 24th
1111 Broadway, 24th Floor
Floor
CITY: Oakland
Oakland CA
STATE: CA 94607
ZIP CODE: 94607
ELECTRONICALLY
(510) 834-6600
TELEPHONE NO.: (510) 834-6600 (510) 834-1928
FAX NO.: (510) 834-1928
mepstein@wendel.com // cciochon@wendel.com
ADDRESS: mepstein@wendel.com
EMAIL ADDRESS: cciochon@wendel.com FILED
Superior Court of California,
Defendant Aclima
(name): Defendant
ATTORNEY FOR (name): Aclima Inc.
Inc. County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San San Francisco
Francisco
STREET ADDRESS: 400 McAllister Street
STREET ADDRESS: 400 McAllister Street 04/29/2022
Clerk of the Court
MAILING 400 McAllister
ADDRESS: 400
MAILING ADDRESS: McAllister Street
Street BY: EDWARD SANTOS
CITY AND ZIP CODE: San Francisco, CA
CITY AND ZIP CODE: San Francisco, 94102
CA 94102 Deputy Clerk
Civic Center Courthouse
BRANCH NAME: Civic Center Courthouse
BRANCH NAME:
PLAINTIFF: City
City && Cnty of SF
Cnty of SF operating
operating by/thr
by/thr SF
SF Port
Port Comm.
Comm.
DEFENDANT: AclimaAclima Inc.,
Inc., et
et al.
al.
CASE NUMBER:
CASE NUMBER:
ANSWER—UNLAWFUL DETAINER
ANSWER—UNLAWFUL DETAINER CUD-22-668861
CUD-22-668861
1. Defendant (all
(all defendants for
for whom this answer is filed named and
filed must be named and must sign this answer unless their attorney signs):
Aclima Inc.
Aclima Inc.
answers the complaint as follows:
2. DENIALS (Check ONLY
ONLY ONEONE ofof the
the next two
two boxes.)
a. ❑ General Denial (Do not check this box if
if the complaint demands more than $1,000.)
Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and
and Supplemental
Supplemental
Detainer (form UD-101).
Allegations—Unlawful Detainer
b. [S] Specific Denials (Check this box and
and complete (1) and
and (2) below if
if complaint demands more than $1,000.)
Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and
and Supplemental
Supplemental
Allegations—Unlawful Detainer
Allegations—Unlawful Detainer (form UD-101) are true EXCEPT:
(1) Denial of Allegations in Complaint (Form UD-100 or Other Complaint for Unlawful Detainer)
(a) Defendant claims the following statements of the complaint are false (stare paragraph numbers from the complaint or
or
if more room needed, on form MC-025):
explain below or, if
❑ Explanation is on form MC-025, titled as Attachment 2b(1)(a).
(b) Defendant has
has no
no information
information or
or belief
belief that
that the
the following
following statements
statements of
of the
the complaint are true,
complaint are true, so
so defendant
defendant denies
denies
them (state paragraph numbers from
from the
the complaint
complaint oror explain below or, if
if more room needed, on form MC-025):
El Explanation is on form MC-025, titled as Attachment 2b(1)(b).
See Attachment
See Attachment 2b(1)(b).
2b(1)(b).
(2) Denial of Allegations in Mandatory
Mandatory Cover Sheet and
and Supplemental Allegations—Unlawful Detainer
Supplemental Allegations—Unlawful Detainer (form UD-101)
(a) ❑ Defendant did not receive plaintiffs
plaintiff's Mandatory Cover Sheet and
and Supplemental (If
Supplemental Allegations (form UD-101). (If
not checked,
checked, complete
complete (b) and (c),
(b) and (c), as appropriate.)
(b) ❑ Defendant claims the statements in the Verification required for issuance of summons—residential, item 3
plaintiff’s Mandatory Cover Sheet and
of plaintiff's and Supplemental
Supplemental Allegations (form UD-101), are false.
(c) Defendant claims the following statements on the Mandatory Cover
Cover Sheet and
and Supplemental
Supplemental Allegations—Unlawful
Detainer (form UD-101) are false (state paragraph numbers from form UD-101
Detainer UD-101 or explain below or, if
if more room
needed, on form MC-025): ❑ Explanation is on form MC-025, titled as Attachment 2b(2)(c).
Page 1
Page 1 of
of 5
5
Civil Code,
Civil Code, §§ 1940
1940 et
et seq.;
seq.;
Form Approved
Approved for
for Optional Use Code of
of Civil
Civil Procedure,
Procedure, §§
§§ 425.12,
425.12,
Form Optional Use
Judicial Council of California
Judicial ANSWER—UNLAWFUL DETAINER
ANSWER—UNLAWFUL DETAINER Code
seq., 1179.01
1161 et seq., 1179.01 et
et seq.
seq.
UD-105 [Rev. April 14, 2022] www.courts.ca.gov
www.courts.ca.gov
UD-105
UD-105
CASE NUMBER:
NUMBER:
PLAINTIFF: City & Cnty
City & of SF
Cnty of SF operating
operating by/thr
by/thr SF
SF Port
Port Comm.
Comm. CASE
CUD-22-668861
CUD-22-668861
Aclima Inc.,
DEFENDANT: Aclima Inc., et
et al.
al.
2. b. (2) (d) Defendant has no information or belief that the following statements on the Mandatory Cover
Cover Sheet and
and Supplemental
Supplemental
Allegations—Unlawful Detainer (form UD-101) are true, so defendant denies them (state paragraph numbers from
Allegations—Unlawful
form UD-101 if more room needed, on form
UD-101 or explain below or, if form MC-025):
❑ Explanation is on form MC-025, titled as Attachment 2b(2)(d).
3. DEFENSES AND OBJECTIONS (NOTE: (NOTE: For
For each
each box
box checked, you must
checked, you must state
state brief
brief facts
facts to support it
to support it in
in item
item 3w
3w (on page 4)
(on page 4) or,
or, if
if
more room is needed, on form
form MC-025. You
You can
can learn more about defenses and objections at
defenses and
www.courts.ca.gov/selfhelp-eviction.htm.)
www.courts.ca.gov/selfhelp-eviction.htm.)
a. ❑ of rent only) Plaintiff has breached the warranty to provide habitable premises.
(Nonpayment of
b. ❑ (Nonpayment ofof rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
c. ❑ (Nonpayment ofof rent only) On (date): before the notice to pay or quit expired, defendant offered
the rent due but plaintiff would not accept it.
d. ❑ Plaintiff waived, changed, or canceled the notice to quit.
e. [S] Plaintiff served defendant
defendant with the notice to quit or filed the complaint to retaliate against defendant.
defendant.
f. ❑ By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the
defendant in violation of the Constitution or the laws of the United States or California.
g.
g. ❑ Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county,
Plaintiffs county, title of
title of
and date of
ordinance, and of passage):
(Also, briefly state in item 3w the facts showing violation of
of the ordinance.)
h. ❑ Plaintiff’s demand
Plaintiffs for possession
demand for is subject
possession is subject to
to the
the Tenant
Tenant Protection
Protection Act
Act of
of 2019, Civil Code
2019, Civil Code section
section 1946.2 or 1947.12,
and is not in compliance with the act. (Check all
all that apply and
and briefly state in item 3w the facts that support each.)
(1) ❑ Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate.
(2) ❑ Plaintiff failed to provide an opportunity to cure any alleged violations
violations of terms and conditions of the lease (other than
payment of rent) as required under Civil Code section 1946.2(c).
(3) ❑ Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d).
(4) ❑ Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid rent
is the unauthorized amount.
(5) ❑ Plaintiff violated the Tenant Protection Act in another manner that defeats the complaint.
i. ❑ Plaintiff accepted
Plaintiff accepted rent
rent from
from defendant
defendant to
to cover
cover a
a period of time
period of time after
after the
the date the notice
date the notice to
to quit
quit expired.
expired.
j. ❑ Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that
constitutes domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (This
defense requires one of of the following: (1) a temporary restraining
restraining order, protective order, or or police report that is not
more than 180 days old; OR (2) a signed
signed statement from a qualified
qualified third party (e.g., a doctor, domestic violence or
third party or
sexual assault counselor, human trafficking
sexual trafficking caseworker, or
or psychologist) concerning the injuries or abuse resulting
resulting from
these acts).)
k. ❑ Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,
ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or
the other person believed that assistance was necessary.
I.l. ❑ Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial
Plaintiffs
obligations due between March 1, 2020, and September 30, 2021, even though alleged to be based on other reasons.
(Civ. Code, § 1942.5(d); Gov.
Gov. Code, § 12955.)
m. ❑ Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations
Plaintiffs
due between March 1, 2020, and September 30, 2021, and (check all all that apply):
(1) ❑ Plaintiff did not serve the general notice or notices of rights under the COVID-19 Tenant Relief Act as required by
Code of Civil Procedure section 1179.04.
(2) ❑ Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).)
of 5
UD-105 [Rev. April 14, 2022]
ANSWER—UNLAWFUL DETAINER
ANSWER—UNLAWFUL DETAINER Page 2 of 5
UD-105
CASE NUMBER:
NUMBER:
PLAINTIFF: City & Cnty of SF operating by/thr SF Port Comm. CASE
CUD-22-668861
DEFENDANT: Alcima Inc., et al.
3. m. (3) ❑ unsigned declaration
Plaintiff did not provide an unsigned declaration of
of COVID-19-related
COVID-19-related financial
financial distress with the
distress with the 15-day
15-day notice.
notice. (Code
(Code
Civ. Proc.,§ 1179.03(d).)
1179.03(d).)
(4) ❑ Plaintiff did not provide an unsigned declaration of COVID-19-related
declaration of COVID-19-related financial
financial distress
distress in
in the
the language
language in
in which
which the
the
landlord was
landlord was required
required to
to provide a translation
provide a translation of
of the
the rental
rental agreement.
agreement. (Code
(Code Civ.
Civ. Proc.,
Proc., §
§ 1179.03(d).)
1179.03(d).)
(5) ❑ Plaintiff identified defendant
defendant asas aa "high-income
"high-income tenant"
tenant" in
in the
the 15-day notice, but
15-day notice, but plaintiff
plaintiff did not possess
did not possess proof
proof at
at the
the
time the
time the notice
notice was
was served
served establishing
establishing that
that defendant
defendant met
met the
the definition of high-income
definition of high-income tenant.
tenant. (Code
(Code Civ.
Civ. Proc.,
Proc.,
§ 1179.02.5(b).)
1179.02.5(b).)
(6) ❑
(6) Defendant delivered
Defendant to plaintiff
delivered to plaintiff one
one or
or more
more declarations
declarations of of COVID-19-related
COVID-19-related financial
financial distress and, if
distress and, if required
required asas a
a
"high-income tenant,"
"high-income tenant," documentation
documentation in in support.
support. (Code
(Code Civ.
Civ. Proc.,
Proc., §§
§§ 1179.03(f) and 1179.02.5.)
1179.03(f) and 1179.02.5.)
(Describe
(Describe when and how
when and how delivered and check
delivered and all other
check all other items
items below
below that apply):
that apply):
(a) ❑
(a) Plaintiff’s demand
Plaintiffs for payment
demand for payment includes
includes late
late fees
fees on
on rent
rent or
or other
other financial
financial obligations
obligations due
due between March 1,
between March 1,
2020, and
2020, and September
September 30,
30, 2021.
2021.
(b)
(b) ❑ Plaintiff's demand
Plaintiffs demand for
for payment
payment includes
includes fees
fees for
for services
services that
that were
were increased
increased or
or not
not previously charged.
previously charged.
(c) ❑
(c) Defendant, on
Defendant, on or before September
or before September 30,
30, 2021,
2021, paid
paid or
or offered
offered plaintiff
plaintiff payment
payment ofof at
at least
least 25%
25% ofof the
the total
total rental
rental
payments that
payments that were
were due between September
due between September 1, 1, 2020,
2020, and
and September
September 30, 2021, and
30, 2021, and that
that were demanded in
were demanded in the
the
termination notices
termination notices for
for which
which defendant delivered the
defendant delivered the declarations
declarations described
described inin (a).
(a). (Code
(Code Civ.
Civ. Proc.,
Proc.,
§ 1179.03(g)(2).)
§ 1179.03(g)(2).)
(7) ❑ already filed
Defendant is currently filing or has already filed a
a declaration
declaration of
of COVID-19-related
COVID-19-related financial
financial distress
distress with
with the
the court.
court.
(Code Civ.
(Code Civ. Proc.,
Proc., §
§ 1179.03(h).)
n.
n. ❑ Plaintiff's demand
Plaintiffs demand for
for possession
possession of
of a
a residential
residential property
property is
is based
based on
on nonpayment
nonpayment of
of rent
rent or
or other
other financial
financial obligations
obligations
due between October
due between October 1,
1, 2021,
2021, and
and March
March 31,
31, 2022,
2022, and
and (check all
all that apply):
(1) ❑
(1) Plaintiff’s notice
Plaintiffs notice toto quit was served
quit was served before
before April 1, 2022, and
(a) ❑
(a) Did not
Did not contain
contain thethe required
required contact
contact information
information forfor the
the pertinent governmental rental
pertinent governmental rental assistance
Preview
UD-105 UD-105 ATTORNEY OR ATTORNEY PARTY WITHOUT OR PARTY WITHOUT ATTORNEY ATTORNEY 168221 // 165963 STATE BAR NUMBER: 168221 165963 FOR COURT FOR USE ONLY COURT USE ONLY NAME: Mark Mark D.D. Epstein Epstein // Carl D. Ciochon Carl D. Ciochon FIRM NAME: WENDEL ROSEN WENDEL ROSEN LLP LLP STREET ADDRESS: 1111 Broadway, 24th 1111 Broadway, 24th Floor Floor CITY: Oakland Oakland CA STATE: CA 94607 ZIP CODE: 94607 ELECTRONICALLY (510) 834-6600 TELEPHONE NO.: (510) 834-6600 (510) 834-1928 FAX NO.: (510) 834-1928 mepstein@wendel.com // cciochon@wendel.com ADDRESS: mepstein@wendel.com EMAIL ADDRESS: cciochon@wendel.com FILED Superior Court of California, Defendant Aclima (name): Defendant ATTORNEY FOR (name): Aclima Inc. Inc. County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San San Francisco Francisco STREET ADDRESS: 400 McAllister Street STREET ADDRESS: 400 McAllister Street 04/29/2022 Clerk of the Court MAILING 400 McAllister ADDRESS: 400 MAILING ADDRESS: McAllister Street Street BY: EDWARD SANTOS CITY AND ZIP CODE: San Francisco, CA CITY AND ZIP CODE: San Francisco, 94102 CA 94102 Deputy Clerk Civic Center Courthouse BRANCH NAME: Civic Center Courthouse BRANCH NAME: PLAINTIFF: City City && Cnty of SF Cnty of SF operating operating by/thr by/thr SF SF Port Port Comm. Comm. DEFENDANT: AclimaAclima Inc., Inc., et et al. al. CASE NUMBER: CASE NUMBER: ANSWER—UNLAWFUL DETAINER ANSWER—UNLAWFUL DETAINER CUD-22-668861 CUD-22-668861 1. Defendant (all (all defendants for for whom this answer is filed named and filed must be named and must sign this answer unless their attorney signs): Aclima Inc. Aclima Inc. answers the complaint as follows: 2. DENIALS (Check ONLY ONLY ONEONE ofof the the next two two boxes.) a. ❑ General Denial (Do not check this box if if the complaint demands more than $1,000.) Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and and Supplemental Supplemental Detainer (form UD-101). Allegations—Unlawful Detainer b. [S] Specific Denials (Check this box and and complete (1) and and (2) below if if complaint demands more than $1,000.) Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and and Supplemental Supplemental Allegations—Unlawful Detainer Allegations—Unlawful Detainer (form UD-101) are true EXCEPT: (1) Denial of Allegations in Complaint (Form UD-100 or Other Complaint for Unlawful Detainer) (a) Defendant claims the following statements of the complaint are false (stare paragraph numbers from the complaint or or if more room needed, on form MC-025): explain below or, if ❑ Explanation is on form MC-025, titled as Attachment 2b(1)(a). (b) Defendant has has no no information information or or belief belief that that the the following following statements statements of of the the complaint are true, complaint are true, so so defendant defendant denies denies them (state paragraph numbers from from the the complaint complaint oror explain below or, if if more room needed, on form MC-025): El Explanation is on form MC-025, titled as Attachment 2b(1)(b). See Attachment See Attachment 2b(1)(b). 2b(1)(b). (2) Denial of Allegations in Mandatory Mandatory Cover Sheet and and Supplemental Allegations—Unlawful Detainer Supplemental Allegations—Unlawful Detainer (form UD-101) (a) ❑ Defendant did not receive plaintiffs plaintiff's Mandatory Cover Sheet and and Supplemental (If Supplemental Allegations (form UD-101). (If not checked, checked, complete complete (b) and (c), (b) and (c), as appropriate.) (b) ❑ Defendant claims the statements in the Verification required for issuance of summons—residential, item 3 plaintiff’s Mandatory Cover Sheet and of plaintiff's and Supplemental Supplemental Allegations (form UD-101), are false. (c) Defendant claims the following statements on the Mandatory Cover Cover Sheet and and Supplemental Supplemental Allegations—Unlawful Detainer (form UD-101) are false (state paragraph numbers from form UD-101 Detainer UD-101 or explain below or, if if more room needed, on form MC-025): ❑ Explanation is on form MC-025, titled as Attachment 2b(2)(c). Page 1 Page 1 of of 5 5 Civil Code, Civil Code, §§ 1940 1940 et et seq.; seq.; Form Approved Approved for for Optional Use Code of of Civil Civil Procedure, Procedure, §§ §§ 425.12, 425.12, Form Optional Use Judicial Council of California Judicial ANSWER—UNLAWFUL DETAINER ANSWER—UNLAWFUL DETAINER Code seq., 1179.01 1161 et seq., 1179.01 et et seq. seq. UD-105 [Rev. April 14, 2022] www.courts.ca.gov www.courts.ca.gov UD-105 UD-105 CASE NUMBER: NUMBER: PLAINTIFF: City & Cnty City & of SF Cnty of SF operating operating by/thr by/thr SF SF Port Port Comm. Comm. CASE CUD-22-668861 CUD-22-668861 Aclima Inc., DEFENDANT: Aclima Inc., et et al. al. 2. b. (2) (d) Defendant has no information or belief that the following statements on the Mandatory Cover Cover Sheet and and Supplemental Supplemental Allegations—Unlawful Detainer (form UD-101) are true, so defendant denies them (state paragraph numbers from Allegations—Unlawful form UD-101 if more room needed, on form UD-101 or explain below or, if form MC-025): ❑ Explanation is on form MC-025, titled as Attachment 2b(2)(d). 3. DEFENSES AND OBJECTIONS (NOTE: (NOTE: For For each each box box checked, you must checked, you must state state brief brief facts facts to support it to support it in in item item 3w 3w (on page 4) (on page 4) or, or, if if more room is needed, on form form MC-025. You You can can learn more about defenses and objections at defenses and www.courts.ca.gov/selfhelp-eviction.htm.) www.courts.ca.gov/selfhelp-eviction.htm.) a. ❑ of rent only) Plaintiff has breached the warranty to provide habitable premises. (Nonpayment of b. ❑ (Nonpayment ofof rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. c. ❑ (Nonpayment ofof rent only) On (date): before the notice to pay or quit expired, defendant offered the rent due but plaintiff would not accept it. d. ❑ Plaintiff waived, changed, or canceled the notice to quit. e. [S] Plaintiff served defendant defendant with the notice to quit or filed the complaint to retaliate against defendant. defendant. f. ❑ By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the defendant in violation of the Constitution or the laws of the United States or California. g. g. ❑ Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, Plaintiffs county, title of title of and date of ordinance, and of passage): (Also, briefly state in item 3w the facts showing violation of of the ordinance.) h. ❑ Plaintiff’s demand Plaintiffs for possession demand for is subject possession is subject to to the the Tenant Tenant Protection Protection Act Act of of 2019, Civil Code 2019, Civil Code section section 1946.2 or 1947.12, and is not in compliance with the act. (Check all all that apply and and briefly state in item 3w the facts that support each.) (1) ❑ Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate. (2) ❑ Plaintiff failed to provide an opportunity to cure any alleged violations violations of terms and conditions of the lease (other than payment of rent) as required under Civil Code section 1946.2(c). (3) ❑ Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d). (4) ❑ Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid rent is the unauthorized amount. (5) ❑ Plaintiff violated the Tenant Protection Act in another manner that defeats the complaint. i. ❑ Plaintiff accepted Plaintiff accepted rent rent from from defendant defendant to to cover cover a a period of time period of time after after the the date the notice date the notice to to quit quit expired. expired. j. ❑ Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that constitutes domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (This defense requires one of of the following: (1) a temporary restraining restraining order, protective order, or or police report that is not more than 180 days old; OR (2) a signed signed statement from a qualified qualified third party (e.g., a doctor, domestic violence or third party or sexual assault counselor, human trafficking sexual trafficking caseworker, or or psychologist) concerning the injuries or abuse resulting resulting from these acts).) k. ❑ Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g., ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or the other person believed that assistance was necessary. I.l. ❑ Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial Plaintiffs obligations due between March 1, 2020, and September 30, 2021, even though alleged to be based on other reasons. (Civ. Code, § 1942.5(d); Gov. Gov. Code, § 12955.) m. ❑ Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations Plaintiffs due between March 1, 2020, and September 30, 2021, and (check all all that apply): (1) ❑ Plaintiff did not serve the general notice or notices of rights under the COVID-19 Tenant Relief Act as required by Code of Civil Procedure section 1179.04. (2) ❑ Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).) of 5 UD-105 [Rev. April 14, 2022] ANSWER—UNLAWFUL DETAINER ANSWER—UNLAWFUL DETAINER Page 2 of 5 UD-105 CASE NUMBER: NUMBER: PLAINTIFF: City & Cnty of SF operating by/thr SF Port Comm. CASE CUD-22-668861 DEFENDANT: Alcima Inc., et al. 3. m. (3) ❑ unsigned declaration Plaintiff did not provide an unsigned declaration of of COVID-19-related COVID-19-related financial financial distress with the distress with the 15-day 15-day notice. notice. (Code (Code Civ. Proc.,§ 1179.03(d).) 1179.03(d).) (4) ❑ Plaintiff did not provide an unsigned declaration of COVID-19-related declaration of COVID-19-related financial financial distress distress in in the the language language in in which which the the landlord was landlord was required required to to provide a translation provide a translation of of the the rental rental agreement. agreement. (Code (Code Civ. Civ. Proc., Proc., § § 1179.03(d).) 1179.03(d).) (5) ❑ Plaintiff identified defendant defendant asas aa "high-income "high-income tenant" tenant" in in the the 15-day notice, but 15-day notice, but plaintiff plaintiff did not possess did not possess proof proof at at the the time the time the notice notice was was served served establishing establishing that that defendant defendant met met the the definition of high-income definition of high-income tenant. tenant. (Code (Code Civ. Civ. Proc., Proc., § 1179.02.5(b).) 1179.02.5(b).) (6) ❑ (6) Defendant delivered Defendant to plaintiff delivered to plaintiff one one or or more more declarations declarations of of COVID-19-related COVID-19-related financial financial distress and, if distress and, if required required asas a a "high-income tenant," "high-income tenant," documentation documentation in in support. support. (Code (Code Civ. Civ. Proc., Proc., §§ §§ 1179.03(f) and 1179.02.5.) 1179.03(f) and 1179.02.5.) (Describe (Describe when and how when and how delivered and check delivered and all other check all other items items below below that apply): that apply): (a) ❑ (a) Plaintiff’s demand Plaintiffs for payment demand for payment includes includes late late fees fees on on rent rent or or other other financial financial obligations obligations due due between March 1, between March 1, 2020, and 2020, and September September 30, 30, 2021. 2021. (b) (b) ❑ Plaintiff's demand Plaintiffs demand for for payment payment includes includes fees fees for for services services that that were were increased increased or or not not previously charged. previously charged. (c) ❑ (c) Defendant, on Defendant, on or before September or before September 30, 30, 2021, 2021, paid paid or or offered offered plaintiff plaintiff payment payment ofof at at least least 25% 25% ofof the the total total rental rental payments that payments that were were due between September due between September 1, 1, 2020, 2020, and and September September 30, 2021, and 30, 2021, and that that were demanded in were demanded in the the termination notices termination notices for for which which defendant delivered the defendant delivered the declarations declarations described described inin (a). (a). (Code (Code Civ. Civ. Proc., Proc., § 1179.03(g)(2).) § 1179.03(g)(2).) (7) ❑ already filed Defendant is currently filing or has already filed a a declaration declaration of of COVID-19-related COVID-19-related financial financial distress distress with with the the court. court. (Code Civ. (Code Civ. Proc., Proc., § § 1179.03(h).) n. n. ❑ Plaintiff's demand Plaintiffs demand for for possession possession of of a a residential residential property property is is based based on on nonpayment nonpayment of of rent rent or or other other financial financial obligations obligations due between October due between October 1, 1, 2021, 2021, and and March March 31, 31, 2022, 2022, and and (check all all that apply): (1) ❑ (1) Plaintiff’s notice Plaintiffs notice toto quit was served quit was served before before April 1, 2022, and (a) ❑ (a) Did not Did not contain contain thethe required required contact contact information information forfor the the pertinent governmental rental pertinent governmental rental assistance