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MMU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-24-2013 2:44 pm
Case Number: CGC-13-533579
Filing Date: Oct-24-2013 2:33
Filed by: ROSSALY DELAVEGA
Juke Box: 001 Image: 04250540
ANSWER
ALAN MIESES et al VS. ULTRA CONSTRUCTION et al
001004250540
Instructions:
Please place this sheet on top of the document to be scanned.£
sh agony
hy
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: 650)-222-5473 C FOR Co Ly Lc
Ramon Garcia
HO Santa Clara Street
Brisbane, CA 94005
ATTORNEY FOR (NAME): self’
San Francisco County Superior Court
400 McAllister Street
San Francisco, CA 94102
Insert name of court, judicial district or branch court, if any, and post office and street address: |
PLAINTIFF: r
ALAN MIESES; BLANCA MIESES AS TRUSTEES FOR THE MIESES
FAMILY TRUST Lo
DEFENDANT:
ULTRA CONSTRUCTION ; RAMON GARCIA AND DOES 1-200;
ANSWER—Contract -+o | BEN UGER
[21 To COMPLAINT OF (name): ALAN MIESES; BLANCA MIESES AS TRU CGC - 13 «533579
TO CROSS-COMPLAINT (name):
1. This pleading, including attachments and exhibits, consists of the following number of pages:
2. DEFENDANT (name): Ramon Garcia
answers the complaint or cross-complaint as follows:
3. Check ONLY ONE of the next two boxes:
a. [4] Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if
the verified complaint or cross-complaint demands more than $1,000.)
b.. [7] Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT:
(1) Defendant claims the following statements are false (use paragraph numbers or explain):
COMPLAINT FOR BREACH OF CONTRACT, BREACH OF IMPLIED
WARRANTIES, NEGLIGENCE, INTENTIONAL MISREPRESENTATION,
VIOLATION OF BUSINESS & PROFESSIONS CODE SECTIONS 17200, VIOLATION
OF BUSINESS AND PROFESSIONS CODE SECTION 7160, AND FOR DAMAGES
Paragraphs 1-47,
Continued on Attachment 3.b.(1).
(2) Defendant has no information or belief that the following statements are true, so defendant denies them (use
Paragraph numbers or explain):
C77 Continued on Attachment 3.b.(2).
"this form is used to answer a cross-complaint, plaintht means cross-complainant and defendant means cross-defendant
Page 4 of 2
Fem Approved for Optonal Use Coe of Gt Proce
“hel! Count ot Calforia ANSWER—Contract cout cager
PLD-C-010 (Rev. January 1, 2007]PLD-C-010
SHORT TITLE: CASE NUMBER:
| Alan Mieses, Blanca Mieses vs. ULTRA CONSTRUCTION; Ramon Garcia CGC - 13 -533579
ANSWER—Contract
AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not
entitled to recover anything:
In Ref. to 1-47 of Summons:
1. Ultra Constrution Company has never had any contractual ties to Alan Miese or Blanca Mieses
nor ever performed any work or received any form of payment by Plaintiff(s) pertaining to 111 Ney
Street, San Francisco, CA.
2. Plaintiff, Alan Mieses, the son of the property owner, hired me, Ramon Garcia, defendant on a day
to day basis to perform remodel work at the subject property with no contract and under the
plaintiffs, Alan Mieses direct supervision, acting as owner builder. Plaintiff, Alan Mieses was taking
part of every day activities at the subject property and did some of the work himself.
3. Plaintiff, Alan Mieses originally wanted to build with permits, I took his idea to the City
SF-Building/Planning Dept. but it was denied due to zoning and lack of parking in the area. Plaintiff
Alan Mieses consulted various contractors who confirmed what I had already told him. A few weeks
later Plaintiff, Alan Mieses, contacted me to help him proceed with his project as design built. No
Proper permits were ever produced by Plaintiff. Project began per his request and only once costs
were exceeding his expectations did the Plaintiff, request that I provide him with a break-down of
the costs of the work copleted and the work yet to be done. --Continued below in #5 - OTHER
[J Continued on Attachment 4.
Other
Continued from #4
Cont. #3
As we completed the work, the plaintiff was given choices on the quality and pricing of materials, on
which he usually opted for the most cost effective (therefore at times making it non-compliant with
city codes).
4. SUPPLIES: As part of the Job, I accompanied the Plaintiff to purchase supplies as needed for his
project, NOTE: he paid for all material in person.
6. DEFENDANT PRAYS
a. that plaintiff take nothing.
b.
c
PLO-C- 010 [Rev. January 1, 2007)
[7] for costs of suit.
[21 other (specify):
Because Plaintiff did not do his due diligence. Plaintiff was informed that permits would be
obtained if needed by a Licensed Contractor if needed once a contract was ratified which never
took place because the city did not allow his project. Ramon Garcia originally provided a
Proposal on Ultra Construction Letterhead but this contract was never dated, ratifed (no
exchange of funds), nor signed (see your exhibit A).
2nd proposal for $19k, dated July 19th, 2013, refers the the prior contract which is non existent
because of reasons above. Therefore making your Exhibit "A" VOID and In admissible.
ANSWER—Cofttract Page 012POS-040
amon Gana FOR COURT USE ONLY
RAMON Gancla>
ZSD0 SANTO cLAandA ST Bishan Cr
TeterHoneno: (OO Z2Z sy, rAKNo. (pte Uy oo:
E-MAIL ADDRESS (Optional): 72
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
uancromnes 00 MCALLISHer stReet
emo, SANELAN CAH 99/02
PLaINTiFePeTmioneR: AALAVNY MIGBSES 5 €f ALK
DEFENDANTIRESPONDENT: 2 ANON G ARIES Gt AeLe | ose nowoen:
PROOF OF SERVICE—CIVIL CGC-~I3-S32S7F
\Check method of service (only one):
[1] By Personal Service Se By Mail [1] By Overnight Detivery JUDGE:
(_] By Messenger Service (7) By Fax [1] By Electronic Service | oer:
(Do not use this proof of service to show service of a Summons and complaint.)
1. At the time of service | was over 18 years of age and not a party to this action.
2. My residence or business address is:
2S-7 Prchland AUIS SAN FRAN CA 94//0
3. [£1] The fax number or electronic service address from which | served the documents is (complete if service was by fax or
electronic service):
4. On (date; /O-Z24/-( 3 | served the following documents (specify): .
jot Gara Ohana
AN SWry Cont PLDP—c-—Soro
[=] The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)).
5. | served the documents on the person or persons below, as follows:
a. Name ‘of person served: f2o N CUNS ky
b. (Complete if service was by personal service, vernight delivery, or messenger service.)
Business or residential address where person was served:
ZO/ Spfar siréet Su jyoo
c. [7] (Complete if service was by fax or electronic service.) SAN ERAN CA gyjos—
(1) Fax number or electronic service address where person was served:
(2) Time of service:
[77] The names, addresses, and other applicable information about persons served is on the Attachment to Proof of
Service—Civil (Persons Served) (form POS-040(P)).
6. The documents were served by the following means (specify): CASA 4 CQC~12~S325° 77
a. (_] By personal service. | Personally delivered the documents to the persons at the addresses listed in item §. (1) Fora
party represented by an attomey, delivery was made to the attorney or at the attomey's office by leaving the documents,
in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in
charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made
to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age
between the hours of eight in the morning and six in the evening.
Page 1 of 3
Form Approved for Optional Use PROOF OF SERVICE—CIVIL (Code of Civil Procedure, §§ 1010.6, 1011, 1013, 1013a,
Judicial Council of Catifomia 2015.5; Cal. Rules of Court, rules 2.260, 2.306
POS-040 (Rev. July 1, 2011] (Proof of Service) ‘www.courts.ca.goven, ay
Ofrce, be we a
the hours oF the the dca Fecta,
S8rVicg ‘Wag Ver 4, 8 year avi Ween
Velo, or ayPOS-040
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address}: FOR COURT USE ONLY
L RAMon GApnap .
Vso SINTRA ClARR St Brisbane
rasrionewo: G80 222 SY 73rxxwo.stomn a7
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
tnt ones Yoo MCALLIster Shree
CITY AND ZIP CODE:
BRANCH NAME: SPN FRAN cA IHWor
PLAINTIFF/PETITIONER: ALAN MIKSISS 7 EBT (PLE |
DEFENDANT/RESPONDENT: RAMON Garu'as Br-Ae- [astmmen
PROOF OF SERVICE—CIVIL C QC ~12 -S 235-79
Check method of service (only one):
[] By Personal Service 5 wy mat [1 By overnight Delivery auoge:
(1 By Messenger Service (7) By Fax [=] By Electronic Service DEPT:
(Do not use this proof of service to show service of a Summons and compiaint.)
1. At the time of service | was over 18 years of age and not a Party to this action.
2. My residence or business address is:
2S7 Richland AVE SAN Fran
(NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
naan 203
Fosounw ony ROOF OF SERVIGE SOM
(Proof of Service)
Preview
MMU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-24-2013 2:44 pm Case Number: CGC-13-533579 Filing Date: Oct-24-2013 2:33 Filed by: ROSSALY DELAVEGA Juke Box: 001 Image: 04250540 ANSWER ALAN MIESES et al VS. ULTRA CONSTRUCTION et al 001004250540 Instructions: Please place this sheet on top of the document to be scanned.£ sh agony hy ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: 650)-222-5473 C FOR Co Ly Lc Ramon Garcia HO Santa Clara Street Brisbane, CA 94005 ATTORNEY FOR (NAME): self’ San Francisco County Superior Court 400 McAllister Street San Francisco, CA 94102 Insert name of court, judicial district or branch court, if any, and post office and street address: | PLAINTIFF: r ALAN MIESES; BLANCA MIESES AS TRUSTEES FOR THE MIESES FAMILY TRUST Lo DEFENDANT: ULTRA CONSTRUCTION ; RAMON GARCIA AND DOES 1-200; ANSWER—Contract -+o | BEN UGER [21 To COMPLAINT OF (name): ALAN MIESES; BLANCA MIESES AS TRU CGC - 13 «533579 TO CROSS-COMPLAINT (name): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 2. DEFENDANT (name): Ramon Garcia answers the complaint or cross-complaint as follows: 3. Check ONLY ONE of the next two boxes: a. [4] Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.) b.. [7] Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): COMPLAINT FOR BREACH OF CONTRACT, BREACH OF IMPLIED WARRANTIES, NEGLIGENCE, INTENTIONAL MISREPRESENTATION, VIOLATION OF BUSINESS & PROFESSIONS CODE SECTIONS 17200, VIOLATION OF BUSINESS AND PROFESSIONS CODE SECTION 7160, AND FOR DAMAGES Paragraphs 1-47, Continued on Attachment 3.b.(1). (2) Defendant has no information or belief that the following statements are true, so defendant denies them (use Paragraph numbers or explain): C77 Continued on Attachment 3.b.(2). "this form is used to answer a cross-complaint, plaintht means cross-complainant and defendant means cross-defendant Page 4 of 2 Fem Approved for Optonal Use Coe of Gt Proce “hel! Count ot Calforia ANSWER—Contract cout cager PLD-C-010 (Rev. January 1, 2007]PLD-C-010 SHORT TITLE: CASE NUMBER: | Alan Mieses, Blanca Mieses vs. ULTRA CONSTRUCTION; Ramon Garcia CGC - 13 -533579 ANSWER—Contract AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: In Ref. to 1-47 of Summons: 1. Ultra Constrution Company has never had any contractual ties to Alan Miese or Blanca Mieses nor ever performed any work or received any form of payment by Plaintiff(s) pertaining to 111 Ney Street, San Francisco, CA. 2. Plaintiff, Alan Mieses, the son of the property owner, hired me, Ramon Garcia, defendant on a day to day basis to perform remodel work at the subject property with no contract and under the plaintiffs, Alan Mieses direct supervision, acting as owner builder. Plaintiff, Alan Mieses was taking part of every day activities at the subject property and did some of the work himself. 3. Plaintiff, Alan Mieses originally wanted to build with permits, I took his idea to the City SF-Building/Planning Dept. but it was denied due to zoning and lack of parking in the area. Plaintiff Alan Mieses consulted various contractors who confirmed what I had already told him. A few weeks later Plaintiff, Alan Mieses, contacted me to help him proceed with his project as design built. No Proper permits were ever produced by Plaintiff. Project began per his request and only once costs were exceeding his expectations did the Plaintiff, request that I provide him with a break-down of the costs of the work copleted and the work yet to be done. --Continued below in #5 - OTHER [J Continued on Attachment 4. Other Continued from #4 Cont. #3 As we completed the work, the plaintiff was given choices on the quality and pricing of materials, on which he usually opted for the most cost effective (therefore at times making it non-compliant with city codes). 4. SUPPLIES: As part of the Job, I accompanied the Plaintiff to purchase supplies as needed for his project, NOTE: he paid for all material in person. 6. DEFENDANT PRAYS a. that plaintiff take nothing. b. c PLO-C- 010 [Rev. January 1, 2007) [7] for costs of suit. [21 other (specify): Because Plaintiff did not do his due diligence. Plaintiff was informed that permits would be obtained if needed by a Licensed Contractor if needed once a contract was ratified which never took place because the city did not allow his project. Ramon Garcia originally provided a Proposal on Ultra Construction Letterhead but this contract was never dated, ratifed (no exchange of funds), nor signed (see your exhibit A). 2nd proposal for $19k, dated July 19th, 2013, refers the the prior contract which is non existent because of reasons above. Therefore making your Exhibit "A" VOID and In admissible. ANSWER—Cofttract Page 012POS-040 amon Gana FOR COURT USE ONLY RAMON Gancla> ZSD0 SANTO cLAandA ST Bishan Cr TeterHoneno: (OO Z2Z sy, rAKNo. (pte Uy oo: E-MAIL ADDRESS (Optional): 72 ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF uancromnes 00 MCALLISHer stReet emo, SANELAN CAH 99/02 PLaINTiFePeTmioneR: AALAVNY MIGBSES 5 €f ALK DEFENDANTIRESPONDENT: 2 ANON G ARIES Gt AeLe | ose nowoen: PROOF OF SERVICE—CIVIL CGC-~I3-S32S7F \Check method of service (only one): [1] By Personal Service Se By Mail [1] By Overnight Detivery JUDGE: (_] By Messenger Service (7) By Fax [1] By Electronic Service | oer: (Do not use this proof of service to show service of a Summons and complaint.) 1. At the time of service | was over 18 years of age and not a party to this action. 2. My residence or business address is: 2S-7 Prchland AUIS SAN FRAN CA 94//0 3. [£1] The fax number or electronic service address from which | served the documents is (complete if service was by fax or electronic service): 4. On (date; /O-Z24/-( 3 | served the following documents (specify): . jot Gara Ohana AN SWry Cont PLDP—c-—Soro [=] The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)). 5. | served the documents on the person or persons below, as follows: a. Name ‘of person served: f2o N CUNS ky b. (Complete if service was by personal service, vernight delivery, or messenger service.) Business or residential address where person was served: ZO/ Spfar siréet Su jyoo c. [7] (Complete if service was by fax or electronic service.) SAN ERAN CA gyjos— (1) Fax number or electronic service address where person was served: (2) Time of service: [77] The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service—Civil (Persons Served) (form POS-040(P)). 6. The documents were served by the following means (specify): CASA 4 CQC~12~S325° 77 a. (_] By personal service. | Personally delivered the documents to the persons at the addresses listed in item §. (1) Fora party represented by an attomey, delivery was made to the attorney or at the attomey's office by leaving the documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. Page 1 of 3 Form Approved for Optional Use PROOF OF SERVICE—CIVIL (Code of Civil Procedure, §§ 1010.6, 1011, 1013, 1013a, Judicial Council of Catifomia 2015.5; Cal. Rules of Court, rules 2.260, 2.306 POS-040 (Rev. July 1, 2011] (Proof of Service) ‘www.courts.ca.goven, ay Ofrce, be we a the hours oF the the dca Fecta, S8rVicg ‘Wag Ver 4, 8 year avi Ween Velo, or ayPOS-040 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address}: FOR COURT USE ONLY L RAMon GApnap . Vso SINTRA ClARR St Brisbane rasrionewo: G80 222 SY 73rxxwo.stomn a7 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF tnt ones Yoo MCALLIster Shree CITY AND ZIP CODE: BRANCH NAME: SPN FRAN cA IHWor PLAINTIFF/PETITIONER: ALAN MIKSISS 7 EBT (PLE | DEFENDANT/RESPONDENT: RAMON Garu'as Br-Ae- [astmmen PROOF OF SERVICE—CIVIL C QC ~12 -S 235-79 Check method of service (only one): [] By Personal Service 5 wy mat [1 By overnight Delivery auoge: (1 By Messenger Service (7) By Fax [=] By Electronic Service DEPT: (Do not use this proof of service to show service of a Summons and compiaint.) 1. At the time of service | was over 18 years of age and not a Party to this action. 2. My residence or business address is: 2S7 Richland AVE SAN Fran (NAME OF DECLARANT) (SIGNATURE OF DECLARANT) naan 203 Fosounw ony ROOF OF SERVIGE SOM (Proof of Service)