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WMATA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-19-2016 1:40 pm
Case Number: CUD-16-655379
Filing Date: May-19-2016 1:39
Filed by: MADONNA CARANTO
Image: 05404613
ANSWER
JOHN STEWART COMPANY VS. MAURICE WILLIAMS ET AL
001005404613
Instructions:
Please place this sheet on top of the document to be scanned.UD-105
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Maurice Williams
80 Cashmere Street, Apt #1B
San Francisco
TELEPHONE NO: 445-261-1177
E-MAIL ADDRESS:
ATTORNEY FOR (Name): Defendant(s) in pro. per.
CA
FOR COURT USE ONLY
94124 F
‘Superior Court of California
County of San Francies-
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
STREET ADDRESS: 400 McAllister St.
MAILING ADDRESS:
CITY AND ZIPCODE: San Francisco, CA 94102
BRANCH NAME: Limited Civil Jurisdiction
MAY 19 2016
Plaintiff; John Stewart Company
Defendant: Maurice Williams
ANSWER—UNLAWFUL DETAINER
‘CASE NUMBER:
CUD-16-655379
1. Defendant (each defendant for whom this answer is filed must be named and must sign this answer unless his or her attorney
“5 Maurice Williams
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
a. [_]] Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than
$1,000.)
b. [G7] Defendant admits that all of the statements of the complaint are true EXCEPT:
(1) Defendant claims the following statements of the complaint are false state paragraph numbers from the complaint
or explain below or on form MC-025):
1,7, 10, 11
Explanation is on MC-025, titled as Attachment 2b(1).
(2) Defendant has no information or belief that the following statements of the complaint are true, so defendant denies
them (state paragraph numbers from the complaint or explain below or on form MC-025):
2,4,5,6, 15
Explanation is on MC-025, titled as Attachment 2b(2).
a. (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
not give proper credit.
(nonpayment of rent only) On (date):
the rent due but plaintiff would not accept it.
ordinance, and date of passage):
Oo O 88800
as
. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in item 3k (top of page 2).)
(nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
before the notice to pay or quit expired, defendant offered
Plaintiff waived, changed, or canceled the notice to quit.
Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
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.
Plaintiff's demand for possession violates the local rent contro! or eviction control ordinance of (city or county, title of
(Also, briefly state in item 3k the facts showing violation of the ordinance.)
Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
Plaintiff seeks to evict defendant based on acts against defendant or a member of defendant's household that constitute
domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (A temporary
restraining order, protective order, or police report not more than 180 days old is required naming you or your household
. member as the protected party or a victim of these crimes.)
i
Other affirmative defenses are stated in item 3k.
Page 1 of 2
Form Approved for Optional Use
‘Judicial Council of California
UD-105 [Rev. January 2, 2014]
ANSWER—UNLAWFUL DETAINER
Civil Code, § 1940 et seq.;
Code of Civil Procedure, § 425.12, § 1161 et seq,
www.courts.ca.gov
by torUD-105
‘CASE NUMBER:
CUD-16-655379
3. AFFIRMATIVE DEFENSES (cont'd)
k. Facts supporting affirmative defenses checked above (identify facts for each item by its letter from page 1 below or on form
MC-025):
[EZ] Description of facts is on MC-025, titled as Attachment 3k.
4. OTHER STATEMENTS
a. [__] Defendant vacated the premises on (date):
b. [7] The fair rental value of the premises alleged in the complaint is excessive (explain below or on form MC-025):
Explanation is on MC-025, titled as Attachment 4b.
Due to the above defects and the breach of the covenant of quiet enjoyment.
c. [Z) Other (specify below or on form MC-028 in attachment):
Other statements are on MC-025, titled as Attachment 4c.
Defendant requests credit for security deposit in an amount according to proof.
5. DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
b. costs incurred in this proceeding.
c. [_] reasonable attorney fees.
d. that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
(WZ] Other (specify below or on form MC-025):
[] All other requests are stated on MC-025, titled as Attachment 5e.
2
Such other relief as the court deems just and proper.
6. Number of pages attached: 1
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code §§ 6400—6415)
7. (Must be completed in all cases.) An unlawful detainer assistant did not did for compensation give advice or
assistance with this form. (if defendant has received any help or advice for pay from an unlawful detainer assistant, state):
a. Assistant's name: b. Telephone No.:
c. Street address, city, and zip code:
d. County of registration: e. Registration No.: f. Expires on (date):
(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.)
Maurice Williams »
TYPE OR PRINT NANE) (SIGHATURE OF DEFENDANT OR ATTORNEY)
)
(IYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
1am the defendant in this proceeding and have read this answer. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Date: 05-18-16
Maurice Williams
(TYPE OR PRINT NAME) (SIGYATURE OF DEFENDANT)
UD-105 (Rev. January 2, 2014} ANSWER—UNLAWFUL DETAINER Page 2 of 2
For your protection and privacy, please pi
This Form button after you have printed the form.MC-025
SHORT TITLE: John Stewart Company v. Williams, et. al. CASE NUMBER:
[Attachment 3k CUD-16-655379
ATTACHMENT (Number): 1
3a. Defects exist at the premises including, but not limited to, the following: Insects; Peeling Paint; Missing
or Defective Smoke Detector; Defective Electrical System; Inadequate Heat; Inadequate Security; Missing
or Defective Carbon Monoxide Detectors; Mold; Holes In Walls; Floors In Disrepair; Windows Leak Air, Do
Not Seal, and/or, Do Not Open Properly; No Secure Mail Receptacle. Plaintiff has had actual and/or
constructive notice of the defects but has failed to make needed repairs.
3d. Plaintiff waived or changed or canceled the notice to quit through conduct and/or statements.
3e. Plaintiff served Defendant with the notice to quit or filed the complaint in order to retaliate against
Defendant because Defendant exercised Defendant's rights in ways that include but are not limited to the
following: requested that repairs be made, withheld rent because plaintiff refused to make repairs.
3f. Plaintiff is arbitrarily discriminating against Defendant because of Disability.
3). Other
(1) Plaintiff has not performed his obligations under the rental agreement in ways that include, but are not
limited to the following: breached the warranty of habitability by not making needed repairs and breached
the covenant of quiet enjoyment. Plaintiff has had actual and/or constructive notice of the defects but has
failed to make needed repairs.
(2) The complaint fails to allege facts sufficient to state a cause of action.
(3) Plaintiff is barred from seeking possession due to the doctrine of laches.
(4) Plaintiff is estopped by conduct and/or statements from seeking possession.
(5) Plaintiff has waived the right to strict enforcement of the alleged covenant to pay rent by the first of each
month.
(6) Plaintiff is barred from seeking possession due to the doctrine of unclean hands.
(7) The notice does not comply with the lease and/or applicable regulations.
(8) Plaintiff has failed to make reasonable accommodations for Defendant's disability.
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use ATTACHMENT wow courtnfo.ca.gov
“ugietal Council of California
MC-026 [Rev. July 1, 2008] to Judicial Council FormeC ent Dn WN
NM Me DW DY DY DY DY DQ RD mm me
ont nn bk WwW ry = SS BTA DAN BW NR & SO
Maurice Williams
80 Cashmere Street, Apt #1B
San Francisco, CA 94124
415-261-1177
PROOF OF SERVICE BY MAIL
CASE NAME: John Stewart Company v. Williams
CASE NO.: CUD-16-655379
l, (Aor bore Lar e , declare as follows:
| am employed within the City and County of San Francisco. My business address is
EVICTION DEFENSE COLLABORATIVE, 1338 Mission Street, 4th floor, San Francisco,
California 94103. | am over the age of eighteen (18) years of age and not a party to the
within action. | am readily familiar with the EVICTION DEFENSE COLLABORATIVE's
practice for collection and processing of correspondence for mail with the United States
Postal Service. Correspondence collected and processed is deposited with the United
States Postal Service that same day in the ordinary course of business.
On 05-18-16, in accordance with Code of Civil Procedure Section 1013a (3), | served
the following:
ANSWER
upon PLAINTIFF(S) John Stewart Company, by placing the same at the EVICTION
DEFENSE COLLABORATIVE for deposit in the United States Postal Service on that date
in an envelope addressed as follows:
Zanghi Torres Arshawsky LLP
Paul Arshawsky
703 Market Street, Suite 1600
San Francisco, CA 94103
| sealed the envelope and placed it for collection and mailing on that date following
ordinary business practices, in the City and County of San Francisco, California.
| declare under penalty of perjury that the forgoing is true and correct and that this
declaration was executed on 05-18-16 in San Francisco, California.
ZZ
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WMATA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-19-2016 1:40 pm Case Number: CUD-16-655379 Filing Date: May-19-2016 1:39 Filed by: MADONNA CARANTO Image: 05404613 ANSWER JOHN STEWART COMPANY VS. MAURICE WILLIAMS ET AL 001005404613 Instructions: Please place this sheet on top of the document to be scanned.UD-105 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Maurice Williams 80 Cashmere Street, Apt #1B San Francisco TELEPHONE NO: 445-261-1177 E-MAIL ADDRESS: ATTORNEY FOR (Name): Defendant(s) in pro. per. CA FOR COURT USE ONLY 94124 F ‘Superior Court of California County of San Francies- SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister St. MAILING ADDRESS: CITY AND ZIPCODE: San Francisco, CA 94102 BRANCH NAME: Limited Civil Jurisdiction MAY 19 2016 Plaintiff; John Stewart Company Defendant: Maurice Williams ANSWER—UNLAWFUL DETAINER ‘CASE NUMBER: CUD-16-655379 1. Defendant (each defendant for whom this answer is filed must be named and must sign this answer unless his or her attorney “5 Maurice Williams answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: a. [_]] Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than $1,000.) b. [G7] Defendant admits that all of the statements of the complaint are true EXCEPT: (1) Defendant claims the following statements of the complaint are false state paragraph numbers from the complaint or explain below or on form MC-025): 1,7, 10, 11 Explanation is on MC-025, titled as Attachment 2b(1). (2) Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them (state paragraph numbers from the complaint or explain below or on form MC-025): 2,4,5,6, 15 Explanation is on MC-025, titled as Attachment 2b(2). a. (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. not give proper credit. (nonpayment of rent only) On (date): the rent due but plaintiff would not accept it. ordinance, and date of passage): Oo O 88800 as . AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in item 3k (top of page 2).) (nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did before the notice to pay or quit expired, defendant offered Plaintiff waived, changed, or canceled the notice to quit. Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant. 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. Plaintiff's demand for possession violates the local rent contro! or eviction control ordinance of (city or county, title of (Also, briefly state in item 3k the facts showing violation of the ordinance.) Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. Plaintiff seeks to evict defendant based on acts against defendant or a member of defendant's household that constitute domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (A temporary restraining order, protective order, or police report not more than 180 days old is required naming you or your household . member as the protected party or a victim of these crimes.) i Other affirmative defenses are stated in item 3k. Page 1 of 2 Form Approved for Optional Use ‘Judicial Council of California UD-105 [Rev. January 2, 2014] ANSWER—UNLAWFUL DETAINER Civil Code, § 1940 et seq.; Code of Civil Procedure, § 425.12, § 1161 et seq, www.courts.ca.gov by torUD-105 ‘CASE NUMBER: CUD-16-655379 3. AFFIRMATIVE DEFENSES (cont'd) k. Facts supporting affirmative defenses checked above (identify facts for each item by its letter from page 1 below or on form MC-025): [EZ] Description of facts is on MC-025, titled as Attachment 3k. 4. OTHER STATEMENTS a. [__] Defendant vacated the premises on (date): b. [7] The fair rental value of the premises alleged in the complaint is excessive (explain below or on form MC-025): Explanation is on MC-025, titled as Attachment 4b. Due to the above defects and the breach of the covenant of quiet enjoyment. c. [Z) Other (specify below or on form MC-028 in attachment): Other statements are on MC-025, titled as Attachment 4c. Defendant requests credit for security deposit in an amount according to proof. 5. DEFENDANT REQUESTS a. that plaintiff take nothing requested in the complaint. b. costs incurred in this proceeding. c. [_] reasonable attorney fees. d. that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected. (WZ] Other (specify below or on form MC-025): [] All other requests are stated on MC-025, titled as Attachment 5e. 2 Such other relief as the court deems just and proper. 6. Number of pages attached: 1 UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code §§ 6400—6415) 7. (Must be completed in all cases.) An unlawful detainer assistant did not did for compensation give advice or assistance with this form. (if defendant has received any help or advice for pay from an unlawful detainer assistant, state): a. Assistant's name: b. Telephone No.: c. Street address, city, and zip code: d. County of registration: e. Registration No.: f. Expires on (date): (Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.) Maurice Williams » TYPE OR PRINT NANE) (SIGHATURE OF DEFENDANT OR ATTORNEY) ) (IYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) 1am the defendant in this proceeding and have read this answer. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 05-18-16 Maurice Williams (TYPE OR PRINT NAME) (SIGYATURE OF DEFENDANT) UD-105 (Rev. January 2, 2014} ANSWER—UNLAWFUL DETAINER Page 2 of 2 For your protection and privacy, please pi This Form button after you have printed the form.MC-025 SHORT TITLE: John Stewart Company v. Williams, et. al. CASE NUMBER: [Attachment 3k CUD-16-655379 ATTACHMENT (Number): 1 3a. Defects exist at the premises including, but not limited to, the following: Insects; Peeling Paint; Missing or Defective Smoke Detector; Defective Electrical System; Inadequate Heat; Inadequate Security; Missing or Defective Carbon Monoxide Detectors; Mold; Holes In Walls; Floors In Disrepair; Windows Leak Air, Do Not Seal, and/or, Do Not Open Properly; No Secure Mail Receptacle. Plaintiff has had actual and/or constructive notice of the defects but has failed to make needed repairs. 3d. Plaintiff waived or changed or canceled the notice to quit through conduct and/or statements. 3e. Plaintiff served Defendant with the notice to quit or filed the complaint in order to retaliate against Defendant because Defendant exercised Defendant's rights in ways that include but are not limited to the following: requested that repairs be made, withheld rent because plaintiff refused to make repairs. 3f. Plaintiff is arbitrarily discriminating against Defendant because of Disability. 3). Other (1) Plaintiff has not performed his obligations under the rental agreement in ways that include, but are not limited to the following: breached the warranty of habitability by not making needed repairs and breached the covenant of quiet enjoyment. Plaintiff has had actual and/or constructive notice of the defects but has failed to make needed repairs. (2) The complaint fails to allege facts sufficient to state a cause of action. (3) Plaintiff is barred from seeking possession due to the doctrine of laches. (4) Plaintiff is estopped by conduct and/or statements from seeking possession. (5) Plaintiff has waived the right to strict enforcement of the alleged covenant to pay rent by the first of each month. (6) Plaintiff is barred from seeking possession due to the doctrine of unclean hands. (7) The notice does not comply with the lease and/or applicable regulations. (8) Plaintiff has failed to make reasonable accommodations for Defendant's disability. (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT wow courtnfo.ca.gov “ugietal Council of California MC-026 [Rev. July 1, 2008] to Judicial Council FormeC ent Dn WN NM Me DW DY DY DY DY DQ RD mm me ont nn bk WwW ry = SS BTA DAN BW NR & SO Maurice Williams 80 Cashmere Street, Apt #1B San Francisco, CA 94124 415-261-1177 PROOF OF SERVICE BY MAIL CASE NAME: John Stewart Company v. Williams CASE NO.: CUD-16-655379 l, (Aor bore Lar e , declare as follows: | am employed within the City and County of San Francisco. My business address is EVICTION DEFENSE COLLABORATIVE, 1338 Mission Street, 4th floor, San Francisco, California 94103. | am over the age of eighteen (18) years of age and not a party to the within action. | am readily familiar with the EVICTION DEFENSE COLLABORATIVE's practice for collection and processing of correspondence for mail with the United States Postal Service. Correspondence collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On 05-18-16, in accordance with Code of Civil Procedure Section 1013a (3), | served the following: ANSWER upon PLAINTIFF(S) John Stewart Company, by placing the same at the EVICTION DEFENSE COLLABORATIVE for deposit in the United States Postal Service on that date in an envelope addressed as follows: Zanghi Torres Arshawsky LLP Paul Arshawsky 703 Market Street, Suite 1600 San Francisco, CA 94103 | sealed the envelope and placed it for collection and mailing on that date following ordinary business practices, in the City and County of San Francisco, California. | declare under penalty of perjury that the forgoing is true and correct and that this declaration was executed on 05-18-16 in San Francisco, California. ZZ