Preview
DUE AT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-06-2012 04:32 pm
Case Number: CUD-11-639244
Filing Date: Jul-O6-2012 04:17 pm
Filed by: ALISON AGBAY
Juke Box: 001 Image: 03678655
REPLY
TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al
001C03678655 “|
Instructions:
Please place this sheet on top of the document to be scanned.29
30
o™
Kimberly Hathaway; vohn Hoffman
339 Lyon st. #2
San Francisco, CA 94117
Tel: 415-563-5972
Email: kimberly@hathawaypr.com
In propria personam
San Franeleee County Superior Court
JUL = 82012
a ner OF THE COURT
puily Clarke
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
Travis Campbell
Petitioner
vs.
Kimberly Hathaway, John
Hoffman Respondent
Case No, CUD-11-639244.
REPLY TO OBJECTION TO REQUEST FOR
RECONSIDERATION OF ORDER
GRANTING PLAINTIFF TRAVIS CAMPBELL'S
MOTION TO COMPEL DEFENDENT'S RESPONSES TO
REQUEST FOR ADMISSIONS SET ONE AND REQUEST
FOR PRODUCTION OF DOCUMENTS SET ONE;
REQUEST FOR SANCTIONS AND DEMAND FOR JURY
TRIAL
12)
Date: JULY “te 2012
Time: 204.00-a-O) 30, AY
Dept: 501
RESPONDENTS Kimberly Hatbeway-and John Hoffman wish to REPLY to
SiGe
the OBJECTION to our MOTION FOR RECONSIDERATION and respectfully ask this
Honorable Court a REQUEST FOR RECONSIDERATION ("Motion to Reconsider")
of the Court's Order Granting Plaintiff's Motion to Compel Defendant's
Responses to Request for Admissions Set One and Request for Production of
Documents Set One and Request for Sanctions in the amount of $727.50.
REPLY TO OBJECTION TO REQUEST FOR RECONSIDERATION
-1-29
30
— oN
1. Opposing Counsel asserts that Respondents ignored REQUESTS
sent February 20, 2012. Respondents did not, in fact, receive said
REQUESTS. Respondents noted that in the past, the apartment number was
not noted on several pieces of correspondence, and that the incorrect
address of "329 Lyon" was erroneously used in the REQUEST documents.
Respondents were clearly not using the actual envelopes that did not
indicate an apartment number for the purported package thet—-we-sent on
February 20, 2012 because that package was never received.
2. Opposing Counsel continues to argue the merits of the case
and continues to insert slanderous statements regarding Respondents
in this argument. This is inappropriate and highly suspect when this case
sat, with no activity whatsoever, from November 1, 2011 to April 4, 2012.
3. Opposing Counsel's REQUESTS are overbroad, with no relevance
to the merits of an Unlawful Detainer case.
4, There has been a CHANGE IN CIRCUMSTANCE at the building of
339 Lyon Street, San Francisco, California. The residents of unit 1 have
abandoned their apartment, fleeing from back rent and personal issues.
We have been informed and believe that Gaetani Real Estate will take
possession of the unit at 6:01 am on July 11, 2012, CUD 12-641403.
[EXHIBIT "A"']
-2-
REPLY TO OBJECTION TO REQUEST FOR RECONSIDERATION5. Mr. Hoffman has never posed a threat to any tenants in
his 15 years as a tenant with Kimberly Hathaway. The protection order
secured by perjured testimony has been asked to be set aside.
‘MOTION TO SET ASIDE RESTRAINING ORDER CUD-11-57179 and CUD-11-571681
will have a tentative ruling on July 9, 2012 in Department 514.
As Christopher Dillon and Marisa Beers have fled the State and
abandoned their residence, we prayed the Honorable Court to set aside
this protection order.
6. Outlandish statements such as ‘inability to pay rent
on time’ and 'habitual use of intoxicating substances’ and that neither
Ms. Hathaway or Mr. Hoffman ‘are on the lease’ are slanderous and
factually inaccurate.
Respondents Pray this Honorable Court to consider that
if in fact the Respondents had received the REQUESTS sent February
20, 2012, they would have responded in a timely manner. All documents
and REQUESTS FOR ADMISSIONS have been sent to Walston Cross and one
deposition has been completed. Respondents respectfully request that
the ORDER to Compel be reconsidered.
3+
REPLY TO OBJECTION TO REQUEST FOR RECONSIDERATION29
30
os oN
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed at San Francisco, California on this 6th day of July 2012.
bib Niloiee— Ud.
bid LA 7-Respondent
Si
bh fer
C gefn Hoffman, Res neepérpientexalert A"ATTORJEY OR PARTY WITHOUT ATTORNEY (Name, State Ber af \dress); FOR COURT USE ONLY
[ Bato esc) Vapi t CHEN
FA FIAMOLLO, CO csunn
E-MAIL ADDRESS /Optionai):
aromersornene: TV WOQVIA PF SONaAAVT
SUPERIOR COURT OF CALIFORNIA, coun oF EAU 5M)
canoe, CO WAL Shey
cnawsrcne Joy Cranes (2, 4410 2_
BRANCH NAME:
PLAINTIFF/PETITIONER: Tavié Cugbel (
DEFENDANT/RESPONDENT: Kimberly . Pua Oly CSL NODE
PROOF OF SERVICE—CIVIL 7TH CUD |-437244
Check method of service (only one!
[1] By Personal Service By Mail [) By overnight Delivery JUDGE: Qui AAW
Co By Messenger Service Co By Fax Co By Electronic Service DEPT. Sbl
(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.
POS-040
2. My residence or business address is:
3.{"_] 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); he 4oliz | served the following documents (specify):
REPLY TO OBJECTION
(1) The documents are listed in the Attachment fo Proof of Service-Civil (Documents Served) (form POS-040(D)).
5. | served the documents on the person or persons ATE follows:
a. Name of person served: Thomas o Vie
b. (Complete if service was by personal service, mail, ovemight delivery, or messenger service.)
Business or residential address where person was served:
lusbston. LYS, 250 Moltyomry & ByLIFAULIs C6,
c. [__] (Complete if service was by fax or electronic service.) / fA LY Ly 1 i/
(1) Fax number or electronic service address where person was served:
2) Time of service, F720 pM
["] The names, addresses, and other applicable information about persons served Is on the Alfachment to Proof of
Service—Civil (Persons Served) (form POS-040(P)),
6. The documents were served by the following méans (specify):
a. (“J By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) Fora
party represented by an attorney, delivery was made to the attorney or at the attorney'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 inthe 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 elght in the morming and six in the evening.
Page 1 of 3
1
Form Apprcved for Optional Use F — .
Mlucice Counc of California PROOF OF SERVICE—CIVIL Cade of Civil Procedure, §§ 1010.6, 1014, 1013, 1013,
2016.5; Cal, Rules of Cour, rules 2.260, 2.308
POS-040|Rev. uly 1.2014} (Proof of Service) ‘wan cours.ca.gov
™ye _ _
POS-040
Cqupvell us. Rattouly-HolPned |" CO |— 624 21444
6b. x By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one):
(1) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) placed the énvelope for collection and mailing, following our ordinary business practices. | am readily familiar
with this businéss's practice for collécting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service, in a sealed envelope with postage fully prepaid.
lama resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state):
c. [_] By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery
carrier and addressed to the persons at the addresses in item 5. 1 placed the envelope or package for collection
and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
d.[[_] By messenger service. | served the documents by placing them in an envelope or package addressed to the persons
at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by
the messenger must accompany this Proof of Service or be contained in ttie Declaration of Messenger below.)
e.[__] By fax transmission, Based on ah agreement of the parties to accept service by fax transmission, | faxed the documents
to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the
record of the fax transmission, which | printed out, is attached.
f. [_] By electronic service. Based on a court order or an agréement of the parties to accept electronic service, | caused the
documents to be sent to the persons at the electronic service addresses listed in item 5.
{ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
“July Y 212 MA,
TPE INR NAYIE,OF DECLARANT) (SIGNAJMRE OF DECLARANT) XQ
Wa ES pe
{if item 6d AY is checked, the declaration below must be completed or a separate deciaration from a messenger must be attached.)
DECLARATION OF MESSENGER
[] By personal service. | personally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's
office by leaving the documents in an envelope or package, which was clearly labeled to identify the attorney being served,
with a receptionist of 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
thah 18 years of age bétween the hours of eight in the morning and six in the evening.
At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding.
| served the envelope or package, as stated above, on (date):
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(NAME OF DECLARANT) {SIGNATURE OF DECLARANT)
Page 2 of 3
POS-040 [Rev. July 4, 2041] PROOF OF SERVICE—CIVIL
(Proof of Service)
af
Preview
DUE AT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-06-2012 04:32 pm Case Number: CUD-11-639244 Filing Date: Jul-O6-2012 04:17 pm Filed by: ALISON AGBAY Juke Box: 001 Image: 03678655 REPLY TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al 001C03678655 “| Instructions: Please place this sheet on top of the document to be scanned.29 30 o™ Kimberly Hathaway; vohn Hoffman 339 Lyon st. #2 San Francisco, CA 94117 Tel: 415-563-5972 Email: kimberly@hathawaypr.com In propria personam San Franeleee County Superior Court JUL = 82012 a ner OF THE COURT puily Clarke SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO Travis Campbell Petitioner vs. Kimberly Hathaway, John Hoffman Respondent Case No, CUD-11-639244. REPLY TO OBJECTION TO REQUEST FOR RECONSIDERATION OF ORDER GRANTING PLAINTIFF TRAVIS CAMPBELL'S MOTION TO COMPEL DEFENDENT'S RESPONSES TO REQUEST FOR ADMISSIONS SET ONE AND REQUEST FOR PRODUCTION OF DOCUMENTS SET ONE; REQUEST FOR SANCTIONS AND DEMAND FOR JURY TRIAL 12) Date: JULY “te 2012 Time: 204.00-a-O) 30, AY Dept: 501 RESPONDENTS Kimberly Hatbeway-and John Hoffman wish to REPLY to SiGe the OBJECTION to our MOTION FOR RECONSIDERATION and respectfully ask this Honorable Court a REQUEST FOR RECONSIDERATION ("Motion to Reconsider") of the Court's Order Granting Plaintiff's Motion to Compel Defendant's Responses to Request for Admissions Set One and Request for Production of Documents Set One and Request for Sanctions in the amount of $727.50. REPLY TO OBJECTION TO REQUEST FOR RECONSIDERATION -1-29 30 — oN 1. Opposing Counsel asserts that Respondents ignored REQUESTS sent February 20, 2012. Respondents did not, in fact, receive said REQUESTS. Respondents noted that in the past, the apartment number was not noted on several pieces of correspondence, and that the incorrect address of "329 Lyon" was erroneously used in the REQUEST documents. Respondents were clearly not using the actual envelopes that did not indicate an apartment number for the purported package thet—-we-sent on February 20, 2012 because that package was never received. 2. Opposing Counsel continues to argue the merits of the case and continues to insert slanderous statements regarding Respondents in this argument. This is inappropriate and highly suspect when this case sat, with no activity whatsoever, from November 1, 2011 to April 4, 2012. 3. Opposing Counsel's REQUESTS are overbroad, with no relevance to the merits of an Unlawful Detainer case. 4, There has been a CHANGE IN CIRCUMSTANCE at the building of 339 Lyon Street, San Francisco, California. The residents of unit 1 have abandoned their apartment, fleeing from back rent and personal issues. We have been informed and believe that Gaetani Real Estate will take possession of the unit at 6:01 am on July 11, 2012, CUD 12-641403. [EXHIBIT "A"'] -2- REPLY TO OBJECTION TO REQUEST FOR RECONSIDERATION5. Mr. Hoffman has never posed a threat to any tenants in his 15 years as a tenant with Kimberly Hathaway. The protection order secured by perjured testimony has been asked to be set aside. ‘MOTION TO SET ASIDE RESTRAINING ORDER CUD-11-57179 and CUD-11-571681 will have a tentative ruling on July 9, 2012 in Department 514. As Christopher Dillon and Marisa Beers have fled the State and abandoned their residence, we prayed the Honorable Court to set aside this protection order. 6. Outlandish statements such as ‘inability to pay rent on time’ and 'habitual use of intoxicating substances’ and that neither Ms. Hathaway or Mr. Hoffman ‘are on the lease’ are slanderous and factually inaccurate. Respondents Pray this Honorable Court to consider that if in fact the Respondents had received the REQUESTS sent February 20, 2012, they would have responded in a timely manner. All documents and REQUESTS FOR ADMISSIONS have been sent to Walston Cross and one deposition has been completed. Respondents respectfully request that the ORDER to Compel be reconsidered. 3+ REPLY TO OBJECTION TO REQUEST FOR RECONSIDERATION29 30 os oN I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Francisco, California on this 6th day of July 2012. bib Niloiee— Ud. bid LA 7-Respondent Si bh fer C gefn Hoffman, Res neepérpientexalert A"ATTORJEY OR PARTY WITHOUT ATTORNEY (Name, State Ber af \dress); FOR COURT USE ONLY [ Bato esc) Vapi t CHEN FA FIAMOLLO, CO csunn E-MAIL ADDRESS /Optionai): aromersornene: TV WOQVIA PF SONaAAVT SUPERIOR COURT OF CALIFORNIA, coun oF EAU 5M) canoe, CO WAL Shey cnawsrcne Joy Cranes (2, 4410 2_ BRANCH NAME: PLAINTIFF/PETITIONER: Tavié Cugbel ( DEFENDANT/RESPONDENT: Kimberly . Pua Oly CSL NODE PROOF OF SERVICE—CIVIL 7TH CUD |-437244 Check method of service (only one! [1] By Personal Service By Mail [) By overnight Delivery JUDGE: Qui AAW Co By Messenger Service Co By Fax Co By Electronic Service DEPT. Sbl (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. POS-040 2. My residence or business address is: 3.{"_] 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); he 4oliz | served the following documents (specify): REPLY TO OBJECTION (1) The documents are listed in the Attachment fo Proof of Service-Civil (Documents Served) (form POS-040(D)). 5. | served the documents on the person or persons ATE follows: a. Name of person served: Thomas o Vie b. (Complete if service was by personal service, mail, ovemight delivery, or messenger service.) Business or residential address where person was served: lusbston. LYS, 250 Moltyomry & ByLIFAULIs C6, c. [__] (Complete if service was by fax or electronic service.) / fA LY Ly 1 i/ (1) Fax number or electronic service address where person was served: 2) Time of service, F720 pM ["] The names, addresses, and other applicable information about persons served Is on the Alfachment to Proof of Service—Civil (Persons Served) (form POS-040(P)), 6. The documents were served by the following méans (specify): a. (“J By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) Fora party represented by an attorney, delivery was made to the attorney or at the attorney'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 inthe 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 elght in the morming and six in the evening. Page 1 of 3 1 Form Apprcved for Optional Use F — . Mlucice Counc of California PROOF OF SERVICE—CIVIL Cade of Civil Procedure, §§ 1010.6, 1014, 1013, 1013, 2016.5; Cal, Rules of Cour, rules 2.260, 2.308 POS-040|Rev. uly 1.2014} (Proof of Service) ‘wan cours.ca.gov ™ye _ _ POS-040 Cqupvell us. Rattouly-HolPned |" CO |— 624 21444 6b. x By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) placed the énvelope for collection and mailing, following our ordinary business practices. | am readily familiar with this businéss's practice for collécting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. lama resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): c. [_] By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. 1 placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d.[[_] By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in ttie Declaration of Messenger below.) e.[__] By fax transmission, Based on ah agreement of the parties to accept service by fax transmission, | faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the record of the fax transmission, which | printed out, is attached. f. [_] By electronic service. Based on a court order or an agréement of the parties to accept electronic service, | caused the documents to be sent to the persons at the electronic service addresses listed in item 5. { declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. “July Y 212 MA, TPE INR NAYIE,OF DECLARANT) (SIGNAJMRE OF DECLARANT) XQ Wa ES pe {if item 6d AY is checked, the declaration below must be completed or a separate deciaration from a messenger must be attached.) DECLARATION OF MESSENGER [] By personal service. | personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package, which was clearly labeled to identify the attorney being served, with a receptionist of 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 thah 18 years of age bétween the hours of eight in the morning and six in the evening. At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding. | served the envelope or package, as stated above, on (date): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (NAME OF DECLARANT) {SIGNATURE OF DECLARANT) Page 2 of 3 POS-040 [Rev. July 4, 2041] PROOF OF SERVICE—CIVIL (Proof of Service) af