Request,Application: WILMINGTON SAVINGS FUND SOCIETY, FSB VS. EMIL P MILYAKOV ET AL

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                                EMIL MILYAKOV | Ey
106 Madrid Street, Upper Unit F I i a D
San Francisco, CA 94112 San Francisco Gounty Superior Count

(415) 218-4939
magdalenasf@gmail.com JUN 0 3 2019

cu F THE COURT
Defendant in Pro Per. ee
Deputy Clerc

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

WILMINGTON SAVINGS FUND SOCIETY,
FSB, d/b/a CHRISTIANA TRUST, not
individually but as Trustee for Pretium
Mortgage Acquisition Trust,

CASE NO. CUD-18-662196

REQUEST FOR JUDICIAL NOTICE OF
THE 3R REPORT PUBLISHED BY THE
CITY AND COUNTY OF SAN
FRANCISCO, SUPPORTING SPECIAL
APPEARANCE MOTION TO QUASH
SERVICE OF SUMMONS AND MOTION
TO DISMISS.

Plaintiffs,
vs.

MAGDALENA A. APOSTOLOVA AND
EMIL P. MILYAKOV, ET AL.,

>

Date: Monday, June 10, 2019
Dept.: 501
Time: 9:30 a.m.

Defendants.

SSS

REQUEST FOR JUDICIAL NOTICE
Named Defendant Emil Milyakov respectfully requests that the Court take judicial
notice of the attached Report of Residential Building Record (3R) for 106 Madrid Street,
San Francisco, California 94112, dated May 22, 2019, and valid for one year.
The 3R report in question is attached as Exhibit “A”, hereto and will be served
upon opposing counsel along with Milyakov’s Notice of Motion, Motion to Quash,

Supporting Declaration(s), and any related papers.Request is made under Evidence Code section 452(c). which states the Court
“may” take judicial notice of “(c) Official acts of the legislative, executive, and judicial
departments of the United States and of any state of the United States.” The City and
County of San Francisco is a division of the state of California, and publication by the
City of reports such as the attached report constitute official acts of the state of
California. The Court may therefore take judicial notice of the report.

However, Evidence Code section 453 also states:

The trial court shall take judicial notice of any matter specified in Section
452 if a party requests it and:

(a) Gives each adverse party sufficient notice of the request, through the
pleadings or otherwise, to enable such adverse party to prepare to meet the
request; and

(b) Furnishes the court with sufficient information to enable it to take
judicial notice of the matter.

Named Defendant Milyakov will have served opposing counsel with the present
request for judicial notice by overnight mail, and Plaintiff will have the opportunity to
prepare and meet the request. The Court will have sufficient information to enable it to_|
take judicial notice of the matter with the report attached. Request should be granted.

The Defendants have averred numerous times in their declarations filed in the
present case that 106 Madrid Street, San Francisco, California 94112 is a single-family
home with no upper unit and no lower unit. Nevenna Apostolova avers the same in her
declaration filed in support of the present motion. In spite of this factual circumstance,
Plaintiff brought two separate actions designated as unlawful detainer actions for “upper
unit” and “lower unit”. The 3R report demonstrates that the City and County of San
Francisco classifies 106 Madrid Street as a single family home.

Dated and Respectfully submitted June 3, 2019
Gt Cygauor

Emil Milyakov, named DefendantExhibit ACity and County of San Francisco
Department of Building Inspection "~~

London N. Breed, Mayor
Tom C. Hui, S.E., C.B.O., Director

Report of Residential Building Record (3R)
(Housing Code Section 351(a)).

BEWARE: This report describes the current legal use of this property as compiled from records of City Departments. There has
been no physical examination of the property itself. This record contains no history of any plumbing or electrical permits. The
report makes no representation that the property is in compliance with the law. Any occupancy or use of the property other than
that listed as authorized in this report may be illegal and subject to removal or abatement, and should be reviewed with the
Planning Department and the Department of Building Inspection. Errors or omissions in this report shall not bind or stop the
City from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. The preparation
or delivery of this report shall not impose any liability on the City for any errors or omissions contained in said report, nor shall
the City bear any liability not otherwise imposed by law. .

Address of Building 106 MADRID ST Block 5955 Lot 001C
Other Addresses
1. A. Present authorized Occupancy or use: ONE FAMILY DWELLING
B. Is this building classified as a residential condominium? Yes No ¥
C. Does this building contain any Residential Hotel Guest Rooms as defined in Chap. 41, S.F. Admin. Code? Yes No ¥
2. Zoning district in which located: RH-1 3. Building Code Occupancy Classification: R-3
4. Do Records of the Planning Department reveal an expiration date for any non-conforming use of this property? Yes Nov
If Yes, what date? The zoning for this property may have changed. Call Planning Department, (415) 558-6377, for the current status.

5. Building Construction Date (Completed Date): 1916
6. Original Occupancy or Use: ONE FAMILY DWELLING

7. Construction, conversion or alteration permits issued, if any:

Application # Permit# IssueDate | Type of Work Done Status

72141 72141 Sep 26, 1916 NEW CONSTRUCTION N

8923217 679773 Aug 22, 1991 REMOVE BATHROOM AT GARAGE AND RESTORE CLEARANCE. INSTALL x
HANDRAIL ON BOTH SIDES STAIRWAY AND ADD TWO NEW PARTITION
WALLS AT FIRST FLOOR,

9201818 691350 Feb 04, 1992 REFERENCE TO PERMIT APPLICATION #8923217 - CONSTRUCT ONLY THE xX
REAR STAIRS AT THIS TIME

9304053 720339 Apr 28, 1993 REVISION TO PERMIT APPLICATION #8923217 - NEW DRAWING SUBMITTED Cc

FOR INFORMATION IN ADDITION TO PREVIOUS DRAWINGS. OWNER WILL
NOT CARRY WORK FORWARD AT BASEMENT LEVEL. ONLY STAIRS IN REAR
ARE BUILT. LEGALIZE STORAGE ROOMS AND BATHROOM ON GARAGE
LEVEL - CFC 1FD
200407088268 1029672 Jul 08, 2004 EXCHANGE TWELVE TILES IN A BATHROOM. EXCHANGE TWO WINDOWS xX
AND DECADED FRAMING (VISIBLE) WITH THE SAME SIZE AND STYLE.
PAINT. EXCHANGE SIDING ON THE HOUSE, OPEN A LITTLE DOOR FOR,
ACCESS UNDER STAIRS

200809161743 1166186 Sep 16,2008 = REROOFING _ Cc

Records Management Division
1660 Mission Street - San Francisco CA 94103
Office (415) 558-6080 - FAX (415) 558-6402 - www.sfdbi.orgwepal uNCUL UL DUHUNY LUspouuUIE

1660 Mission Street - San Francisco CA 94°” (415) 558-6080 oo
Report of Residential Record (3R) : a!

Page 2

Address of Building 106 MADRID ST Block 5955 Lot 001C

Other Addresses

8. A. Is there an active Franchise Tax Board Referral on file? Yes Nov
Yes Nov

B. Is this property currently under abatement proceedings for code violations?
9.-Number of residential structures on property? 1
10. A. Has an energy inspection been completed? Yes ¥ No

11. A. Is the building in the Mandatory Earthquake Retrofit of Wood-Frame Building Program? Yes
B. If yes, has the required upgrade work been completed? Yes No

B. If yes, has a proof of compliance been issued? Yes v No
No ¥

Date of Issuance: 22 MAY 2019
Date of Expiration: 22 MAY 2020
By: WILLIAM ZHAO Patty Herrera, Manager
ReportNo: 201905153380 Records Management Division

THIS REPORT IS VALID FOR ONE YEAR ONLY. _The law requires that, prior to the consummation of the sale or exchange of
this property, the seller must deliver this report to the buyer and the buyer

must sign it.

(For Explanation of terminology, see attached)

Records Management Division
1660 Mission Street - San Francisco CA 94103
Office (415) 558-6080 - FAX (415) 558-6402 - www.sfdbi-org