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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-28-2013 11:42 am
Case Number: CUD-11-639244
Filing Date: Aug-28-2013 11:40 am
Filed by:
Juke Box: 001 Image: 04181178
SEPARATE STATEMENT OF FACTS
TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al
001004181178
Instructions:
Please place this sheet on top of the document to be scanned.oO mem NIN DH BF BN =
RN NN NN HN KD — = B&B eB ew Be ewe ew ew
eo NDA WH FH YH = SD we AKI DAA RB wWwNHR —
° e FILED
Catherine Danielson, SBN 212106 AUG 2 8 2013
Homeless Advocacy Project QURT
1360 Mission Street, suite 201 CLERK 4
San Francisco, CA 94103 BY: Deputy Clerk
Telephone: 415-865-9211
Facsimile: 415-575-3132
Attorneys for Defendants,
Kimberly Hathaway and John Hoffman
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
TRAVIS CAMPBELL Case No. CUD-11-639244
Plaintiff, ISSUES TO BE DECIDED BY THE
COURT; SEPARATE STATEMENT OF
ve UNDISPUTED FACTS
KIMBERLY HATHAWAY, JOHN HOFFMAN DATE: September 3, 2013
TIME: 9:30 a.m.
Defendants. DEPARTMENT: 501
ISSUES TO BE DECIDED BY THIS COURT
1. Has the Plaintiff been estopped from this action based on his
acceptance of rent for 21 months after posting a 30-day Notice
to Quit, thereby renewing defendant’s tenancy through his
actions?
2.Has Plaintiff waived his right to declare a forfeiture of the
tenancy based upon his conduct of accepting rent for 21 months
after posting the 30-day Notice to Quit?
1
ISSUES TO BE DECIDED BY THE COURT: SEPARATE STATEMENT OF UNDISPUTED FACTSoem DH BF BN
STATEMENT OF UNDISPUTED MATERIAL FACTS
Fact 1: Defendants Kimberly Hathaway and John Hoffman reside
at 339 Lyon Street, No. 2, San Francisco, CA 94117, a one-bedroom
apartment.
Proof: Exhibit 1 attached to the Declaration of Kimberly
Hathaway, dated August 27, 2013.
Fact 2: The contract rate of rent for 339 Lyon Street, No.
2, was $580.00 on the date of contract formation, October 21, 1988.
Proof: Exhibit 1 attached to the Declaration of Kimberly
Hathaway, dated August 27, 2013.
Fact 3: MS. HATHAWAY moved into the unit in November of 1988.
Proof: Exhibit 1 attached to the Declaration of KIMBERLY
HATHAWAY, dated August 27, 2013.
Fact 4: MR. HOFFMAN moved into the unit with MS. HATHAWAY in
late 1998, but was never added to the lease.
Proof: Paragraph 3 of the Declaration of KIMBERLY HATHAWAY,
dated August 27, 2013.
Fact 5: The current rate of rent for 339 Lyon Street, No. 2,
is $916.53.
Proof: Exhibit 28 attached to the Declaration of KIMBERLY
HATHAWAY, dated August 27, 2013.
Fact 6: On September 29, 2011 Plaintiff's noticed MS.
HATHAWAY with a 30-day Notice to Quit alleging nuisance and habitual
late payment of rent.
2
ISSUES TO BE DECIDED BY THE COURT: SEPARATE STATEMENT OF UNDISPUTED FACTSoOo em ND HW RB WN =
RN NR NY NY YN HY NN N | | B= Se Se se se Ba ae
ce N DH BF YW YD = SGC we NHN DH BF wWw NY =
Proof: Exhibit 2 attached to the Declaration of KIMBERLY
HATHAWAY, dated August 27, 2013.
Fact 7: Since the posting of the 30-day Notice to Quit on
September 29, 2011, MS. HATHAWAY and MR. HOFFMAN have been paying
their rent on or before the 5° of each month.
Proof: Exhibits 4 through 53 attached to the Declaration of
KIMBERLY HATHAWAY, dated August 27, 2013.
Fact 8: Since the posting of the 30-day Notice to Quit on
September 29, 2011, Plaintiff has been depositing rent from the
Defendants.
Proof: Exhibits 4 through 53 attached to the Declaration of
KIMBERLY HATHAWAY, dated August 27, 2013.
Fact 9: MS. HATHAWAY has received notices of rental increase
throughout her tenancy at 339 Lyon Street, No. 2.
Proof: Paragraphs 6 and 19 of the Declaration of KIMBERLY
HATHAWAY, dated August 27, 2013.
Fact 10: Since the posting of the 30-day Notice to Quit on
September 29, 2011, Plaintiff has continued sending MS. HATHAWAY
notices of rental increase.
Proof: Paragraphs 6 and 19 of the Declaration of KIMBERLY
HATHAWAY, dated August 27, 2013.
Fact 11: Since the posting of the 30-day Notice to Quit on
September 29, 2011, Plaintiff has included MS. HATHAWAY in a
building-wide notice regarding a change in the terms of tenancy.
3
ISSUES TO BE DECIDED BY THE COURT: SEPARATE STATEMENT OF UNDISPUTED FACTS,
[oO em ND
Proof: Exhibit 31 attached to Paragraphs 6 and 19 of the
Declaration of KIMBERLY HATHAWAY, dated August 27, 2013.
Dated: August 27, 2013
Og Un (ou
Catherine Danielso
HOMELESS ADVOCACY PROJECT,
ATTORNEY FOR DEFENDANTS,
KIMBERLY HATHAWAY AND JOHN HOFFMAI
4
ISSUES TO BE DECIDED BY THE COURT: SEPARA TATEMENT OF UNDISPUTED FACTS27
28
CATHERINE DANIELSON, SBN 212106
HOMELESS ADVOCACY PROJECT
1360 Mission St., Ste.201
San Francisco, CA 94103
Phone: (415) 865-9211
Fax: (415) 575-3132
Attorney for Defendant, Kimberly Hathaway, John Hoffman
PROOF OF SERVICE
CASE NAME: Campbell v. Hathaway, et al.
CASE NO.: CUD-11-639244
I, Katie Danielson, declare:
That I am employed within the city and County of San Francisco; that
my business address is Homeless Advocacy Project, 1360 Mission
Street, Ste.201; that I am over the age of eighteen (18) years of age
and not a party to the within action.
That on August 28, 2013, I served the following:
(1) NOTICE OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANT’S KIMBERLY
HATHAWAY AND JOHN HOFFMAN; (2) ISSUES TO BE DECIDED BY THE
COURT; SEPARATE STATEMENT OF UNDISPUTED FACTS; (3) MEMORANDUM
OF POINTS AND AUTHORITIES; (4) DECLARATION OF KIMBERLY
HATHAWAY; (5S) DECLARATION OF CATHERINE DANIELSON
Upon Plaintiff, Travis Campbell by personally delivering the
aforementioned-to Plaintiff*s-attorneys: Thomas O’Brien, Watston ~
Cross, 735 Montgomery Street, suite 250, San Francisco, CA 94111.
I declare under penalty of perjury that the foregoing is true and
correct and that this declaration was executed on August 28, 2013 at
San Francisco, California.
f per \ (9 94A—~_]
Katie Daniélson
PROOF OF SERVICE
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-28-2013 11:42 am Case Number: CUD-11-639244 Filing Date: Aug-28-2013 11:40 am Filed by: Juke Box: 001 Image: 04181178 SEPARATE STATEMENT OF FACTS TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al 001004181178 Instructions: Please place this sheet on top of the document to be scanned.oO mem NIN DH BF BN = RN NN NN HN KD — = B&B eB ew Be ewe ew ew eo NDA WH FH YH = SD we AKI DAA RB wWwNHR — ° e FILED Catherine Danielson, SBN 212106 AUG 2 8 2013 Homeless Advocacy Project QURT 1360 Mission Street, suite 201 CLERK 4 San Francisco, CA 94103 BY: Deputy Clerk Telephone: 415-865-9211 Facsimile: 415-575-3132 Attorneys for Defendants, Kimberly Hathaway and John Hoffman SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO TRAVIS CAMPBELL Case No. CUD-11-639244 Plaintiff, ISSUES TO BE DECIDED BY THE COURT; SEPARATE STATEMENT OF ve UNDISPUTED FACTS KIMBERLY HATHAWAY, JOHN HOFFMAN DATE: September 3, 2013 TIME: 9:30 a.m. Defendants. DEPARTMENT: 501 ISSUES TO BE DECIDED BY THIS COURT 1. Has the Plaintiff been estopped from this action based on his acceptance of rent for 21 months after posting a 30-day Notice to Quit, thereby renewing defendant’s tenancy through his actions? 2.Has Plaintiff waived his right to declare a forfeiture of the tenancy based upon his conduct of accepting rent for 21 months after posting the 30-day Notice to Quit? 1 ISSUES TO BE DECIDED BY THE COURT: SEPARATE STATEMENT OF UNDISPUTED FACTSoem DH BF BN STATEMENT OF UNDISPUTED MATERIAL FACTS Fact 1: Defendants Kimberly Hathaway and John Hoffman reside at 339 Lyon Street, No. 2, San Francisco, CA 94117, a one-bedroom apartment. Proof: Exhibit 1 attached to the Declaration of Kimberly Hathaway, dated August 27, 2013. Fact 2: The contract rate of rent for 339 Lyon Street, No. 2, was $580.00 on the date of contract formation, October 21, 1988. Proof: Exhibit 1 attached to the Declaration of Kimberly Hathaway, dated August 27, 2013. Fact 3: MS. HATHAWAY moved into the unit in November of 1988. Proof: Exhibit 1 attached to the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 4: MR. HOFFMAN moved into the unit with MS. HATHAWAY in late 1998, but was never added to the lease. Proof: Paragraph 3 of the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 5: The current rate of rent for 339 Lyon Street, No. 2, is $916.53. Proof: Exhibit 28 attached to the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 6: On September 29, 2011 Plaintiff's noticed MS. HATHAWAY with a 30-day Notice to Quit alleging nuisance and habitual late payment of rent. 2 ISSUES TO BE DECIDED BY THE COURT: SEPARATE STATEMENT OF UNDISPUTED FACTSoOo em ND HW RB WN = RN NR NY NY YN HY NN N | | B= Se Se se se Ba ae ce N DH BF YW YD = SGC we NHN DH BF wWw NY = Proof: Exhibit 2 attached to the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 7: Since the posting of the 30-day Notice to Quit on September 29, 2011, MS. HATHAWAY and MR. HOFFMAN have been paying their rent on or before the 5° of each month. Proof: Exhibits 4 through 53 attached to the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 8: Since the posting of the 30-day Notice to Quit on September 29, 2011, Plaintiff has been depositing rent from the Defendants. Proof: Exhibits 4 through 53 attached to the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 9: MS. HATHAWAY has received notices of rental increase throughout her tenancy at 339 Lyon Street, No. 2. Proof: Paragraphs 6 and 19 of the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 10: Since the posting of the 30-day Notice to Quit on September 29, 2011, Plaintiff has continued sending MS. HATHAWAY notices of rental increase. Proof: Paragraphs 6 and 19 of the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Fact 11: Since the posting of the 30-day Notice to Quit on September 29, 2011, Plaintiff has included MS. HATHAWAY in a building-wide notice regarding a change in the terms of tenancy. 3 ISSUES TO BE DECIDED BY THE COURT: SEPARATE STATEMENT OF UNDISPUTED FACTS, [oO em ND Proof: Exhibit 31 attached to Paragraphs 6 and 19 of the Declaration of KIMBERLY HATHAWAY, dated August 27, 2013. Dated: August 27, 2013 Og Un (ou Catherine Danielso HOMELESS ADVOCACY PROJECT, ATTORNEY FOR DEFENDANTS, KIMBERLY HATHAWAY AND JOHN HOFFMAI 4 ISSUES TO BE DECIDED BY THE COURT: SEPARA TATEMENT OF UNDISPUTED FACTS27 28 CATHERINE DANIELSON, SBN 212106 HOMELESS ADVOCACY PROJECT 1360 Mission St., Ste.201 San Francisco, CA 94103 Phone: (415) 865-9211 Fax: (415) 575-3132 Attorney for Defendant, Kimberly Hathaway, John Hoffman PROOF OF SERVICE CASE NAME: Campbell v. Hathaway, et al. CASE NO.: CUD-11-639244 I, Katie Danielson, declare: That I am employed within the city and County of San Francisco; that my business address is Homeless Advocacy Project, 1360 Mission Street, Ste.201; that I am over the age of eighteen (18) years of age and not a party to the within action. That on August 28, 2013, I served the following: (1) NOTICE OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANT’S KIMBERLY HATHAWAY AND JOHN HOFFMAN; (2) ISSUES TO BE DECIDED BY THE COURT; SEPARATE STATEMENT OF UNDISPUTED FACTS; (3) MEMORANDUM OF POINTS AND AUTHORITIES; (4) DECLARATION OF KIMBERLY HATHAWAY; (5S) DECLARATION OF CATHERINE DANIELSON Upon Plaintiff, Travis Campbell by personally delivering the aforementioned-to Plaintiff*s-attorneys: Thomas O’Brien, Watston ~ Cross, 735 Montgomery Street, suite 250, San Francisco, CA 94111. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on August 28, 2013 at San Francisco, California. f per \ (9 94A—~_] Katie Daniélson PROOF OF SERVICE