Preview
CUM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-23-2013 11:45 am
Case Number: CUD-11-639244
Filing Date: Aug-23-2013 11:45 am
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 04175946
GENERIC CIVIL FILING (NO FEE)
TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al
001004175946
Instructions:
Please place this sheet on top of the document to be scanned.@ @ UD-105
ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY
name Catherine Danielson state sar NO: 212106
rirmname: Homeless Advocacy Project
aopress 1360 Mission Street, suite 201
cry San Francisco state. CA zp cove. 94103 F
E-MAIL ADDRESS (Optional). yecepHone No. 415-865-9211 San Francisco County Superior ourt
ATTORNEY FOR (Name Hathaway, Hoffman __Faxno (Optionay 415-575-3132
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco AUG 2 9 2018
streerappress 400 McAllister
MAILING ADDRESS CLERK Zs ie PORT
ciyanozipcooues San Francisco, CA 94103 K
srancHName: Limited Deputy Cler
PLAINTIFF: Travis Campbell
DEFENDANT: Kimberly Hathaway, John Hoffman
SUPPLEMENTAL ANSWER
‘CASE NUMBER
ANSWER - UNLAWFUL DETAINER CUD-11-639244
1. Defendant (each defendant for whom this answer is filed must be named and must sign this answer unless his or her attomey
signs)’ Kimberly Hathaway, John Hoffman
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. () 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): (} 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) Explanation is on MC-025, titled as Attachment 2b(2).
3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support in item 3k (top of page 2).)
a. [Z) (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
b. L) (nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
c. () (nonpayment of rent only) On (date): before the notice to pay or quit expired, defendant
offered the rent due but plaintiff would not accept it.
d. [_) Plaintiff waived, changed, or canceled the notice to quit.
e. EX} Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
f. [) 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.
g. KK) Plaintiffs demand for possession violates the local rent control or eviction control ordinance of (city or county, title of
ordinance, and date of passage):
(Also, briefly state in item 3k the facts showing violation of the ordinance.)
h. QQ Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
i. () Plaintiff seeks to evict defendant based on acts against defendant or a member of defendant's household that constitute
domestic violence, sexual assault, or stalking. (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.)
j. [K) Other affirmative defenses are stated in item 3k. Page 1 of2
Form Approved for Optional Use Manin Deans ANSWER - UNLAWFUL DETAINER Civil Code, § 1940 et seq,
Judicial Council of California 0 Code of Civil Procedure, § 425.13, § 1161 et seq
UD-105 {Rev January 1. 2012} =>) ESSENTIAL FORMS www courts ca gov@ UD-105
‘CASE NUMBER:
CUD-11-639244
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):
(QQ Description of facts is on MC-025, titled as Attachment 3k.
4, OTHER STATEMENTS,
a. (] Defendant vacated the premises on (date):
b. C) The fair rental value of the premises alleged in the complaint is excessive (explain below or on form MC-025):
CC} Explanation is on MC-025, titled as Attachment 4b.
c. (LL) Other (specify below or on form MC-025 in attachment):
CC} Other statements are on MC-025, titled as Attachment 4c.
5. DEFENDANT REQUESTS.
a. that plaintiff take nothing requested in the complaint.
b. costs incurred in this proceeding.
c. () reasonable attorney fees.
d. KX) 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.
e. (2) Other (specify below or on form MC-025):
(CD All other requests are stated on MC-028, titled as Attachment 5e.
6. CL) Number of pages attached:
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code §§ 6400-6415)
7. (Must be completed in all cases.) An unlawful detainer assistant [_Jdid not [Jdid 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):
Catherine Danielson
(TYPE OR PRINT NAME) th Hh) OF OFFEI R ATTORNEY)
John Hoffman a —
(TYPE OR PRINT NAME) csionaryré poet ‘ENDANT OR ATTORNEY)
verinicarbe”
(Use a different verification form if the verification is by an attomey or for a corporation or partnership.)
| am 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: 8/23/2013
(Each defendant for whom this answer is filed must be named in item 1 and rem this answer eo or her atte UTR signs.)
Kimberly Hathawa
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)
UD-105 (Rev. January 1, 2012] _ ANSWER - UNLAWFUL DETAINER Page 2 of 2
MartinPran’
ESSENTIAL FORMSMC-025
‘CASE NUMBER:
SHORT TITLE:
| Campbell v. Hathaway and Hoffman CUD-11-639244
ATTACHMENT (Number): _1
(This Attachment may be used with any Judicial Council form.)
3a. Defects exist at the premises including, but not limited to, the following: infestation of rodents; defective
plumbing; falling plaster/sheet rock; peeling paint; cracks; unsafe stairways/railings; defective electrical
system; inadequate heat; inadequate security; holes in walls; floors in disrepair; windows leak air, do not seal,
and do not open properly; gaps around doors; defective appliances. Plaintiff has had actual and/or constructive
notice of the defects but has failed to make needed repairs.
3f. Plaintiff is arbitrarily discriminating against Defendant because of race, sex, national origin, age, HIV
status, marital status, sexual orientation, occupation, having children, and/or disability.
3g. The subject premises are subject to the San Francisco Residential Rent Stabilization and Arbitration
Ordinance and Plaintiff has failed to comply with the requirements of the Rent Ordinance in ways that include
but are not limited to the following: Plaintiff's dominant motive is not one allowed by the Rent Ordinance,
services have been decreased without a corresponding decrease in rent, the rent was increased unlawfully, and
the notice to quit does not comply with the requirements of the Rent Ordinance.
3k. Other
(J) Plaintiff TRAVIS CAMPBELL has waived his alleged or purported right to proceed in this Unlawful
Detainer lawsuit through his conduct of continuing to accept rent following his filing of the Complaint against
Defendants on November 1, 2011.
(2) 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.
(3) The complaint fails to allege facts sufficient to state a cause of action.
(4) Plaintiff is barred from seeking possession due to the doctrine of laches.
(5) Plaintiff is estopped by conduct and/or statements from seeking possession.
(© Plaintiff is barred from seeking possession due to the doctrine of unclean hands.
(7) The notice is defective in that it does not comply with the requirements of the federal Fair Debt Collection
Practices Act.
(8) Plaintiff failed to provide a reasonable accommodation of Defendant's disability.
(if the item that this Attachment concems is made under penalty of perjury, all statements in this Page | of 1
Attachment are made under penalty of perjury.) (Add pages as
Form for oe ATTACHMENT wen courtnte.ca.gov
\Couned
Utes pean day 1, 2000 to Judicial Council FormCATHERINE 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 23, 2013, I served the following:
DEFENDANT’S SUPPLEMENTAL ANSWER
Upon Plaintiff, Travis Campbell by hand delivering the aforementioned
to Plaintiff’s attorneys: Walston 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 23, 2013 at
San Francisco, California.
Cotte Later]
Katie Daniétson
PROOF OF SERVICE
Preview
CUM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-23-2013 11:45 am Case Number: CUD-11-639244 Filing Date: Aug-23-2013 11:45 am Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 04175946 GENERIC CIVIL FILING (NO FEE) TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al 001004175946 Instructions: Please place this sheet on top of the document to be scanned.@ @ UD-105 ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY name Catherine Danielson state sar NO: 212106 rirmname: Homeless Advocacy Project aopress 1360 Mission Street, suite 201 cry San Francisco state. CA zp cove. 94103 F E-MAIL ADDRESS (Optional). yecepHone No. 415-865-9211 San Francisco County Superior ourt ATTORNEY FOR (Name Hathaway, Hoffman __Faxno (Optionay 415-575-3132 ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco AUG 2 9 2018 streerappress 400 McAllister MAILING ADDRESS CLERK Zs ie PORT ciyanozipcooues San Francisco, CA 94103 K srancHName: Limited Deputy Cler PLAINTIFF: Travis Campbell DEFENDANT: Kimberly Hathaway, John Hoffman SUPPLEMENTAL ANSWER ‘CASE NUMBER ANSWER - UNLAWFUL DETAINER CUD-11-639244 1. Defendant (each defendant for whom this answer is filed must be named and must sign this answer unless his or her attomey signs)’ Kimberly Hathaway, John Hoffman 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. () 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): (} 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) Explanation is on MC-025, titled as Attachment 2b(2). 3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support in item 3k (top of page 2).) a. [Z) (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. b. L) (nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. c. () (nonpayment of rent only) On (date): before the notice to pay or quit expired, defendant offered the rent due but plaintiff would not accept it. d. [_) Plaintiff waived, changed, or canceled the notice to quit. e. EX} Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant. f. [) 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. g. KK) Plaintiffs demand for possession violates the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): (Also, briefly state in item 3k the facts showing violation of the ordinance.) h. QQ Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. i. () Plaintiff seeks to evict defendant based on acts against defendant or a member of defendant's household that constitute domestic violence, sexual assault, or stalking. (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.) j. [K) Other affirmative defenses are stated in item 3k. Page 1 of2 Form Approved for Optional Use Manin Deans ANSWER - UNLAWFUL DETAINER Civil Code, § 1940 et seq, Judicial Council of California 0 Code of Civil Procedure, § 425.13, § 1161 et seq UD-105 {Rev January 1. 2012} =>) ESSENTIAL FORMS www courts ca gov@ UD-105 ‘CASE NUMBER: CUD-11-639244 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): (QQ Description of facts is on MC-025, titled as Attachment 3k. 4, OTHER STATEMENTS, a. (] Defendant vacated the premises on (date): b. C) The fair rental value of the premises alleged in the complaint is excessive (explain below or on form MC-025): CC} Explanation is on MC-025, titled as Attachment 4b. c. (LL) Other (specify below or on form MC-025 in attachment): CC} Other statements are on MC-025, titled as Attachment 4c. 5. DEFENDANT REQUESTS. a. that plaintiff take nothing requested in the complaint. b. costs incurred in this proceeding. c. () reasonable attorney fees. d. KX) 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. e. (2) Other (specify below or on form MC-025): (CD All other requests are stated on MC-028, titled as Attachment 5e. 6. CL) Number of pages attached: UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code §§ 6400-6415) 7. (Must be completed in all cases.) An unlawful detainer assistant [_Jdid not [Jdid 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): Catherine Danielson (TYPE OR PRINT NAME) th Hh) OF OFFEI R ATTORNEY) John Hoffman a — (TYPE OR PRINT NAME) csionaryré poet ‘ENDANT OR ATTORNEY) verinicarbe” (Use a different verification form if the verification is by an attomey or for a corporation or partnership.) | am 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: 8/23/2013 (Each defendant for whom this answer is filed must be named in item 1 and rem this answer eo or her atte UTR signs.) Kimberly Hathawa (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT) UD-105 (Rev. January 1, 2012] _ ANSWER - UNLAWFUL DETAINER Page 2 of 2 MartinPran’ ESSENTIAL FORMSMC-025 ‘CASE NUMBER: SHORT TITLE: | Campbell v. Hathaway and Hoffman CUD-11-639244 ATTACHMENT (Number): _1 (This Attachment may be used with any Judicial Council form.) 3a. Defects exist at the premises including, but not limited to, the following: infestation of rodents; defective plumbing; falling plaster/sheet rock; peeling paint; cracks; unsafe stairways/railings; defective electrical system; inadequate heat; inadequate security; holes in walls; floors in disrepair; windows leak air, do not seal, and do not open properly; gaps around doors; defective appliances. Plaintiff has had actual and/or constructive notice of the defects but has failed to make needed repairs. 3f. Plaintiff is arbitrarily discriminating against Defendant because of race, sex, national origin, age, HIV status, marital status, sexual orientation, occupation, having children, and/or disability. 3g. The subject premises are subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance and Plaintiff has failed to comply with the requirements of the Rent Ordinance in ways that include but are not limited to the following: Plaintiff's dominant motive is not one allowed by the Rent Ordinance, services have been decreased without a corresponding decrease in rent, the rent was increased unlawfully, and the notice to quit does not comply with the requirements of the Rent Ordinance. 3k. Other (J) Plaintiff TRAVIS CAMPBELL has waived his alleged or purported right to proceed in this Unlawful Detainer lawsuit through his conduct of continuing to accept rent following his filing of the Complaint against Defendants on November 1, 2011. (2) 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. (3) The complaint fails to allege facts sufficient to state a cause of action. (4) Plaintiff is barred from seeking possession due to the doctrine of laches. (5) Plaintiff is estopped by conduct and/or statements from seeking possession. (© Plaintiff is barred from seeking possession due to the doctrine of unclean hands. (7) The notice is defective in that it does not comply with the requirements of the federal Fair Debt Collection Practices Act. (8) Plaintiff failed to provide a reasonable accommodation of Defendant's disability. (if the item that this Attachment concems is made under penalty of perjury, all statements in this Page | of 1 Attachment are made under penalty of perjury.) (Add pages as Form for oe ATTACHMENT wen courtnte.ca.gov \Couned Utes pean day 1, 2000 to Judicial Council FormCATHERINE 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 23, 2013, I served the following: DEFENDANT’S SUPPLEMENTAL ANSWER Upon Plaintiff, Travis Campbell by hand delivering the aforementioned to Plaintiff’s attorneys: Walston 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 23, 2013 at San Francisco, California. Cotte Later] Katie Daniétson PROOF OF SERVICE