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Daniel J. Lavi, Esq (SBN 304172)
1 The Tenants Law Firm
2 9454 Wilshire Blvd., Penthouse Suite
Beverly Hills, CA 90212
3 (310) 432-3200
litigation@tenantslawfirm.com
4 Attorneys for Plaintiffs JUNE BROWNING, JONATHAN
BROWNING, and ASHLEY MIDDLETON;
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Attorneys for Cross-Defendant JUNE BROWNING
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8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SONOMA
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JUNE BROWNING, an individual, CASE NO. SCV-271336
11 JONATHAN BROWNING, an individual,
and ASHLEY MIDDLETON, an
12 individual,
CROSS-DEFENDANT JUNE BROWNING’S
13 Plaintiff, ANSWER TO CROSS-COMPLAINT
14 v.
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GLEN ELLEN MANOR ASSOCIATES,
16 LP, a California limited partnership, and
DOES 1 through 30, inclusive,
17 Defendants
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GLEN ELLEN MANOR ASSOCIATES, Complaint Filed: August 1, 2022
19 LP, a California limited partnership Cross-Complaint Filed: December 22, 2022
Trial Date: None Set
20 Cross-Complainant,
21 v.
22 JUNE BROWNING, an individual, and
ROES 1-30, inclusive,
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Cross-Defendants
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25 Cross-Defendant JUNE BROWNING (“Cross-Defendant”) hereby answers the Cross-
Complaint of GLEN ELLEN MANOR ASSOCIATES (“Cross-Complainant”) as follows:
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28 Case No. 20-CIV-00614
ANSWER TO CROSS COMPLAINT
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1 GENERAL DENIAL
2 Pursuant to the provisions of California Code of Civil Procedure § 431.30, Cross-
3 Defendant generally and specifically denies each and every allegation contained in the Cross-
4 Complaint, and further denies any and all wrongful conduct, whether as alleged or otherwise, and
5 further denies that Cross-Complainant has been injured in any manner whatsoever, whether as
6 alleged or otherwise, or in the amount of any sum or sums, or at all.
7 Without admitting the truth of the allegations contained in the Cross-Complaint, Cross-
8 Defendant also asserts the following affirmative defenses and reserves the right to add additional
9 affirmative defenses as discovery and investigation uncover any applicable affirmative defenses.
10 FIRST AFFIRMATIVE DEFENSE
11 (Breach of the Warranty of Habitability)
12 The answering Cross-Defendant alleges that she does not owe any amount of rent to
13 Cross-Complainant because Cross-Complainant did not maintain the property in a habitable
14 condition in breach of the implied warranty of habitability.
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16 SECOND AFFIRMATIVE DEFENSE
17 (Breach of Covenant of Quiet Enjoyment)
18 The answering Cross-Defendant alleges that she does not owe any amount of rent to
19 Cross-Complainant because Cross-Complainant breached the covenant of quiet enjoyment,
20 through act or omission, by failing to deliver possession of the rental property to Cross-Defendant
21 in a peaceable and habitable condition.
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23 THIRD AFFIRMATIVE DEFENSE
24 (Comparative Negligence)
25 The answering Cross-Defendant alleges that the damages suffered by Cross-Complainant,
26 if any, were the direct and proximate result of the negligence of parties, persons, corporations
27 and/or entities other than this answering Cross-Defendant, and that the liability of this answering
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ANSWER TO CROSS-COMPLAINT
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Cross-Defendant, if any, is limited in direct proportion to the percent of fault actually attributable
1 to these answering Defendants.
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3 FOURTH AFFIRMATIVE DEFENSE
4 (Contributory Negligence)
5 The answering Cross-Defendant is informed and believes and based upon that information
6 and belief allege that Cross-Complainant was negligent, careless, and reckless and unlawfully
7 conducted itself so as to directly and proximately contribute to the happening of the incident and
8 the occurrence of claimed damages, all of which said negligence bars either completely or
9 partially the damages sought herein.
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11 FIFTH AFFIRMATIVE DEFENSE
12 (Unclean Hands)
13 The answering Cross-Defendant alleges that Cross-Complainant’s claims are barred under
14 the doctrine of unclean hands.
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16 SIXTH AFFIRMATIVE DEFENSE
17 (In Pari Delicto)
18 The answering Cross-Defendant alleges herein that each and every purported cause of
19 action contained therein is barred by reason of the fact that Cross-Complainant has engaged in
20 acts and courses of conduct which render it in pari delicto.
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22 SEVENTH AFFIRMATIVE DEFENSE
23 (Failure to State Facts)
24 The answering Cross- Defendant alleges that the Cross-Complaint, and each and every
25 purported cause of action contained therein, fails to state facts sufficient to constitute a cause of
26 action or any cause of action against the answering Cross-Defendant.
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ANSWER TO CROSS-COMPLAINT
1 EIGHTH AFFIRMATIVE DEFENSE
1 (Waiver)
2 The answering Cross-Defendant is informed and believes and based thereon alleges that
3 the Cross-Complainant has engaged in conduct and activities sufficient to constitute a waiver of
4 any alleged breach of conduct, or any other conduct, if any, as set forth in the Cross-Complaint.
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6 NINTH AFFIRMATIVE DEFENSE
7 (Cross-Complainant’s Breach)
8 The Cross-Complainant breached its obligations under the lease agreement and/or
9 maintenance agreement, and its recovery is therefore reduced or barred as a result of said breach.
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11 TENTH AFFIRMATIVE DEFENSE
12 (Collateral Estoppel)
13 The answering Cross-Defendant is informed and believes and based thereon alleges that
14 Cross-Complainant is barred from any recovery against Cross-Defendant under the doctrines of
15 res judicata and collateral estoppel.
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17 ELEVENTH AFFIRMATIVE DEFENSE
18 (Constructive Eviction/Retaliation)
19 The answering Cross-Defendant is informed and believes and based thereon alleges that
20 Cross-Complainant retaliated against Cross-Defendant for asserting her Tenant rights, and Cross-
21 Complainant is barred from any recovery against Cross-Defendant because Cross-Defendant was
22 constructively evicted because Cross-Complainant failed to provide the rental property in a
23 habitable condition.
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25 PRAYER
26 1. For judgment in favor of Cross-Defendants and against Cross-Complainant;
27 2. That Cross-Complainant take nothing by way of its Cross-Complaint;
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ANSWER TO CROSS-COMPLAINT
13. That Cross-Defendant recovers all expenses, attorneys’ fees, and costs of suit incurred in
1 its defense of this action to the extent allowed by California and federal law; and
2 4. For such other and further relief as the Court may deem just and proper.
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THE TENANTS LAW FIRM
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Dated: April 10, 2023 By: /s/ Daniel Lavi
7 DANIEL LAVI, ESQ.
Attorneys for Plaintiffs and Cross-Defendant
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ANSWER TO CROSS-COMPLAINT
1 PROOF OF SERVICE
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF SONOMA
3 I, the undersigned, hereby declare:
4 I am a resident of the state of California, over the age of eighteen years and not a party to the
5 within action. My business address is, 9454 Wilshire Blvd, Penthouse Suite, Beverly Hills, CA
90212. On April 10, 2023, I caused to be served the following document(s):
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CROSS-DEFENDANT JUNE BROWNING’S ANSWER TO CROSS-COMPLAINT
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[] BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s)
9 set forth below on this date before 5:00 p.m. The facsimile machine I used complied with
California Rules of Court and no transmittal error was reported by the machine.
10 [] BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with
11 postage thereon fully prepaid, in the United States Mail at Los Angeles, California
addressed as set forth below.
12 [] BY OVERNIGHT DELIVERY/ MAIL: by causing the document(s) to be picked up by
, (Shipment No. ) delivery service for delivery to each addressee
13 respectively as follows, on the next business day.
14 [] BY PERSONAL HAND DELIVERY: by causing the document(s) to be personally
delivered to the person below, at a.m., on at (the
15 address where served) on the same business day.
[XX] BY EMAILED SERVICE: by causing the document(s) to be e-mailed to the person
16 below as agreed to by the parties.
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WILLIAM J. MURRAY
18 BELZER & MURRAY, LLP
1600 S. Main Street, Suite 260
19 Walnut Creek, CA 94596
20 Email: Murray@wjmattorneys.com
21 I am readily familiar with the practices of The Tenants Law Firm regarding the collection and
processing of correspondence for mailing, overnight delivery and with the use of the business
22 facsimile telecopier machine.
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I declare under penalty of perjury that the foregoing is true and correct.
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Executed on April 10, 2023, at Los Angeles, California.
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_____________________________
27 Julia Lee
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ANSWER TO CROSS-COMPLAINT
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1 Daniel J. Lavi, Esq (SBN 304172) 1 The Tenants Law Firm 2 9454 Wilshire Blvd., Penthouse Suite Beverly Hills, CA 90212 3 (310) 432-3200 litigation@tenantslawfirm.com 4 Attorneys for Plaintiffs JUNE BROWNING, JONATHAN BROWNING, and ASHLEY MIDDLETON; 5 Attorneys for Cross-Defendant JUNE BROWNING 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SONOMA 10 JUNE BROWNING, an individual, CASE NO. SCV-271336 11 JONATHAN BROWNING, an individual, and ASHLEY MIDDLETON, an 12 individual, CROSS-DEFENDANT JUNE BROWNING’S 13 Plaintiff, ANSWER TO CROSS-COMPLAINT 14 v. 15 GLEN ELLEN MANOR ASSOCIATES, 16 LP, a California limited partnership, and DOES 1 through 30, inclusive, 17 Defendants 18 GLEN ELLEN MANOR ASSOCIATES, Complaint Filed: August 1, 2022 19 LP, a California limited partnership Cross-Complaint Filed: December 22, 2022 Trial Date: None Set 20 Cross-Complainant, 21 v. 22 JUNE BROWNING, an individual, and ROES 1-30, inclusive, 23 Cross-Defendants 24 25 Cross-Defendant JUNE BROWNING (“Cross-Defendant”) hereby answers the Cross- Complaint of GLEN ELLEN MANOR ASSOCIATES (“Cross-Complainant”) as follows: 26 27 -1- 28 Case No. 20-CIV-00614 ANSWER TO CROSS COMPLAINT 1 1 GENERAL DENIAL 2 Pursuant to the provisions of California Code of Civil Procedure § 431.30, Cross- 3 Defendant generally and specifically denies each and every allegation contained in the Cross- 4 Complaint, and further denies any and all wrongful conduct, whether as alleged or otherwise, and 5 further denies that Cross-Complainant has been injured in any manner whatsoever, whether as 6 alleged or otherwise, or in the amount of any sum or sums, or at all. 7 Without admitting the truth of the allegations contained in the Cross-Complaint, Cross- 8 Defendant also asserts the following affirmative defenses and reserves the right to add additional 9 affirmative defenses as discovery and investigation uncover any applicable affirmative defenses. 10 FIRST AFFIRMATIVE DEFENSE 11 (Breach of the Warranty of Habitability) 12 The answering Cross-Defendant alleges that she does not owe any amount of rent to 13 Cross-Complainant because Cross-Complainant did not maintain the property in a habitable 14 condition in breach of the implied warranty of habitability. 15 16 SECOND AFFIRMATIVE DEFENSE 17 (Breach of Covenant of Quiet Enjoyment) 18 The answering Cross-Defendant alleges that she does not owe any amount of rent to 19 Cross-Complainant because Cross-Complainant breached the covenant of quiet enjoyment, 20 through act or omission, by failing to deliver possession of the rental property to Cross-Defendant 21 in a peaceable and habitable condition. 22 23 THIRD AFFIRMATIVE DEFENSE 24 (Comparative Negligence) 25 The answering Cross-Defendant alleges that the damages suffered by Cross-Complainant, 26 if any, were the direct and proximate result of the negligence of parties, persons, corporations 27 and/or entities other than this answering Cross-Defendant, and that the liability of this answering 28 -2- ANSWER TO CROSS-COMPLAINT 1 Cross-Defendant, if any, is limited in direct proportion to the percent of fault actually attributable 1 to these answering Defendants. 2 3 FOURTH AFFIRMATIVE DEFENSE 4 (Contributory Negligence) 5 The answering Cross-Defendant is informed and believes and based upon that information 6 and belief allege that Cross-Complainant was negligent, careless, and reckless and unlawfully 7 conducted itself so as to directly and proximately contribute to the happening of the incident and 8 the occurrence of claimed damages, all of which said negligence bars either completely or 9 partially the damages sought herein. 10 11 FIFTH AFFIRMATIVE DEFENSE 12 (Unclean Hands) 13 The answering Cross-Defendant alleges that Cross-Complainant’s claims are barred under 14 the doctrine of unclean hands. 15 16 SIXTH AFFIRMATIVE DEFENSE 17 (In Pari Delicto) 18 The answering Cross-Defendant alleges herein that each and every purported cause of 19 action contained therein is barred by reason of the fact that Cross-Complainant has engaged in 20 acts and courses of conduct which render it in pari delicto. 21 22 SEVENTH AFFIRMATIVE DEFENSE 23 (Failure to State Facts) 24 The answering Cross- Defendant alleges that the Cross-Complaint, and each and every 25 purported cause of action contained therein, fails to state facts sufficient to constitute a cause of 26 action or any cause of action against the answering Cross-Defendant. 27 28 -3- ANSWER TO CROSS-COMPLAINT 1 EIGHTH AFFIRMATIVE DEFENSE 1 (Waiver) 2 The answering Cross-Defendant is informed and believes and based thereon alleges that 3 the Cross-Complainant has engaged in conduct and activities sufficient to constitute a waiver of 4 any alleged breach of conduct, or any other conduct, if any, as set forth in the Cross-Complaint. 5 6 NINTH AFFIRMATIVE DEFENSE 7 (Cross-Complainant’s Breach) 8 The Cross-Complainant breached its obligations under the lease agreement and/or 9 maintenance agreement, and its recovery is therefore reduced or barred as a result of said breach. 10 11 TENTH AFFIRMATIVE DEFENSE 12 (Collateral Estoppel) 13 The answering Cross-Defendant is informed and believes and based thereon alleges that 14 Cross-Complainant is barred from any recovery against Cross-Defendant under the doctrines of 15 res judicata and collateral estoppel. 16 17 ELEVENTH AFFIRMATIVE DEFENSE 18 (Constructive Eviction/Retaliation) 19 The answering Cross-Defendant is informed and believes and based thereon alleges that 20 Cross-Complainant retaliated against Cross-Defendant for asserting her Tenant rights, and Cross- 21 Complainant is barred from any recovery against Cross-Defendant because Cross-Defendant was 22 constructively evicted because Cross-Complainant failed to provide the rental property in a 23 habitable condition. 24 25 PRAYER 26 1. For judgment in favor of Cross-Defendants and against Cross-Complainant; 27 2. That Cross-Complainant take nothing by way of its Cross-Complaint; 28 -4- ANSWER TO CROSS-COMPLAINT 13. That Cross-Defendant recovers all expenses, attorneys’ fees, and costs of suit incurred in 1 its defense of this action to the extent allowed by California and federal law; and 2 4. For such other and further relief as the Court may deem just and proper. 3 4 THE TENANTS LAW FIRM 5 6 Dated: April 10, 2023 By: /s/ Daniel Lavi 7 DANIEL LAVI, ESQ. Attorneys for Plaintiffs and Cross-Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- ANSWER TO CROSS-COMPLAINT 1 PROOF OF SERVICE 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF SONOMA 3 I, the undersigned, hereby declare: 4 I am a resident of the state of California, over the age of eighteen years and not a party to the 5 within action. My business address is, 9454 Wilshire Blvd, Penthouse Suite, Beverly Hills, CA 90212. On April 10, 2023, I caused to be served the following document(s): 6 CROSS-DEFENDANT JUNE BROWNING’S ANSWER TO CROSS-COMPLAINT 7 8 [] BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s) 9 set forth below on this date before 5:00 p.m. The facsimile machine I used complied with California Rules of Court and no transmittal error was reported by the machine. 10 [] BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with 11 postage thereon fully prepaid, in the United States Mail at Los Angeles, California addressed as set forth below. 12 [] BY OVERNIGHT DELIVERY/ MAIL: by causing the document(s) to be picked up by , (Shipment No. ) delivery service for delivery to each addressee 13 respectively as follows, on the next business day. 14 [] BY PERSONAL HAND DELIVERY: by causing the document(s) to be personally delivered to the person below, at a.m., on at (the 15 address where served) on the same business day. [XX] BY EMAILED SERVICE: by causing the document(s) to be e-mailed to the person 16 below as agreed to by the parties. 17 WILLIAM J. MURRAY 18 BELZER & MURRAY, LLP 1600 S. Main Street, Suite 260 19 Walnut Creek, CA 94596 20 Email: Murray@wjmattorneys.com 21 I am readily familiar with the practices of The Tenants Law Firm regarding the collection and processing of correspondence for mailing, overnight delivery and with the use of the business 22 facsimile telecopier machine. 23 I declare under penalty of perjury that the foregoing is true and correct. 24 Executed on April 10, 2023, at Los Angeles, California. 25 26 _____________________________ 27 Julia Lee 28 -6- ANSWER TO CROSS-COMPLAINT