Motion-Secondary: TYRONE L. ADAMS VS. CHARLES L. EASLEY et al

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                                TYRONE L. ADAMS, IN PRO PER

P.O. BOX 981044

WEST SACRAMENTO, CALIFORNIA 95798

Telephone: (407) 716 0233

TYRONE L. ADAMS, Plaintiff, In Pro Per

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO

TYRONE L. ADAMS,
Plaintiff,
v.
CHARLES L. EASLEY, et. al.

Defendants

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Case No.: CGC-11-512166

VERIFIED AFFIDAVIT OF
TYRONE L. ADAMS IN SUPPORT
OF PLAINTIFF’S OPPOSITION
TO DEFENDANTS’ DEMURRER
TO PLAINTIFF’S FIRST
AMENDED COMPLAINT AND IN
SUPPORT OF PLAINTIFF’S
OPPOSITION TO DEFENDANTS’ .
MOTION TO DISMISS
PLAINTIFF’S COMPLAINT
AGAINST THEM WITH
PREJUDICE

Date: AUGUST 18, 2020
DEPARTMENT: 501

JUDGE: Charles F. Haines

Date Complaint Filed: July 1, 2011
F.A.C. Filed June 26 2020

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFFS OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT

AGAINST THEM WITH PREJUDICE.

ORTELJNAL

PAGE 1VERIFIED AFFIDAVIT AND DECLARATION OF TYRONE L. ADAMS

|, PLAINTIFF, TYRONE L. ADAMS, declare:

1. 1am a party to this action proceeding appearing in propria persona.

2. | declare, affirm, and attest that the following statements of true, correct, complete,
and accurate as based on my personal knowledge and personal experience in this
matters.

3. As to those statements based on my personal knowledge and personal experience,
| am competent to testify to the veracity and truthfulness of these statement if called
upon as a witness.

4. As to those statement based on diligent computer assisted legal study and legal
research, controlling United States Supreme Court, California Supreme Court and
California Appellate Court stare decisis, including federal, state, and Sutter County
Building Safety Ordinance Codes, statutes, civil codes, government codes, and
California Health and Safety Codes, | believe those statements to be true also to the
best of my knowledge.

CONTROLLING CASE LAW — STARE DECISIS:

From U.S., Reporter Series

434 U.S. 412 - CHRISTIANSBURG GARMENT CO. v. EEOC, Supreme Court of United!
States.; LORING WINN WILLIAMS v. CHINO VALLEY INDEPENDENT FIRE
DISTRICT, Supreme Court of California. 61 Cal.4th 97 (2015); 186 Cal. Rptr. 3d 826;
347 P.3d 976; May 4, 2015. The asymmetrical standard was articulated by the United
States Supreme Court 40 years in Christiansburg, supra, 434 U.S. 412. There, the
Supreme Court recognized trial courts have discretion to award attorney fees to the
prevailing plaintiff in an Equal Employment Opportunity Commission action simply
because the plaintiff prevailed. The Supreme Court held that discretion does not extend
to an award of attorney fees to a prevailing defendant unless the trial court also finds
the plaintiff's "claim was frivolous, unreasonable, or groundless, or that the plaintiff

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 2eer A RN
VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO

continued to litigate after it clearly became so." (Christiansburg, supra, at p. 422.)
California courts, of course, adhere to Christiansburg's asymmetrical standard for
awards of attorney fees in FEHA actions. (Chavez v. City of Los Angeles (2010) 47
Cal.4th 970, 985 [104 Cal.Rptr.3d 710, 224 P.3d 41].)

ROMAN v. BRE PROPERTIES, INC., Court of Appeals of California, Second District,
Division Seven.; (See Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th
97, 115 [186 Cal. Rptr.3d 826, 347 P.3d 976] (Williams); Cummings v. Benco Building
Services (1992) 11 Cal.App.4th 1383, 1385-1386 [15 Cal.Rptr.2d 53] (Cummings).)
MICHAELIN HIGGINS-WILLIAMS v. SUTTER MEDICAL FOUNDATION, Court of
Appeals of California, Third District.; No. CO73677; 237 Cal.App.4th 78 (2015)

187 Cal. Rptr. 3d 745; May 26, 2015; Just prior to oral argument, plaintiff alerted us to a
recent decision from the California Supreme Court, Williams v. Chino Valley
Independent Fire Dist. (2015) 61 Cal.4th 97 [Cal.Rptr.3d___,___—s&P.3d __], which may|
affect the trial court's cost award to Sutter. Disapproving prior decisions on the award of
costs in a FEHA action, Williams concluded (1) that "section 12965, subdivision (b),
governs cost awards in FEHA actions, allowing trial courts discretion in awards of both
attorney fees and costs to prevailing FEHA parties"; and (2) "that in awarding attorney

fees and costs, the trial court's discretion is bounded by the rule
of Christiansburg [Garment Co. v. EEOC (1978) 434 U.S. 412] [54 L.Ed.2d 648, 98 S.Ct.
694]; an unsuccessful FEHA plaintiff should not be ordered to pay the defendant's
fees or costs unless the plaintiff brought or continued litigating the action without an
objective basis for believing it had potential merit." (Williams, at pp. 99-100, italics
added.)

See, THOMPSON V. NORTH AMERICAN STAINLESS, LP (2011) 562 U.S. 170, 174
[178 L.Ed.2d 694, 131 S.Ct. 863].)

DEFENDANTS’ DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFFS OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 3409 U.S. 205 - TRAFFICANTE v. METROPOLITAN LIFE INS. CO., Supreme Court of
United States. The Supreme Court has instructed that we are to treat "[t]he language of
the [FHA as] broad and inclusive." Trafficante v. Metropolitan Life Ins. Co., 409 U.S.
205, 209, 93 S.Ct. 364, 34 L.Ed.2d 415 (1972).

441 U.S. 91 - GLADSTONE, REALTORS v. VILLAGE OF BELLWOOD, Supreme Court
of United States.

CBOCS WEST, INC. v. Hedrick G. HUMPHRIES; Supreme Court of United States; No.
06-1431; 128 S.Ct. 1951 (2008); 553 U.S. 442; 170 L.Ed.2d 864; May 27, 2008;
Priscilla EDWARDS, v. MARIN PARK,-INC.; United States Court of Appeals, Ninth
Circuit; No. 02-16820; 356 F.3d 1058 (2004); Filed January 26, 2004.

272 F.3d 1114 - WALKER v. CITY OF LAKEWOOD, United States Court of Appeals,
Ninth Circuit. RETALIATION PROHIBITED

STANDING UNDER THE FHA AND FEHA

The Fair Housing Act makes it "unlawful to coerce, intimidate, threaten, or interfere with
any person ... on account of his having aided or encouraged any other person in the
exercise or enjoyment of[ ] any right granted or protected by" the Act. 42 U.S.C. § 3617.
The FHF alleges that the City violated § 3617, as well as the analogous state law, the
FEHA, Cal. Gov't Code § 12955.7, by retaliating against the organization for its
involvement in the Park Tenants’ lawsuit.

In Havens Realty Corp. v. Coleman, 455 U.S. 363, 372, 102 S.Ct. 1114, 71 L.Ed.2d 214!
(1982), the Supreme Court reaffirmed that "Congress intended standing under [the
FHA] to extend to the full limits of Artficle] III’ and that courts accordingly lack the -
authority to create prudential barriers to standing in suits brought under that [statute]."
(quoting Gladstone, Realtors v. Vill. of Bellwood, 441 U.S. 91, 103 n. 9, 109, 99 S.Ct.
1601, 60 L.Ed.2d 66 (1979)). Accordingly, courts do not have the authority to create and

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE4‘||apply new standing requirements, as the district court did here in imposing a "rule of

reason" barring FHA suits between parties to a contract. "[T]he sole requirement for
standing to sue under [the FHA] is the Artficle] II] minima of injury in fact: that the
plaintiff allege that as a result of the defendant's actions he has suffered ‘a distinct and
palpable injury." Havens Realty, 455 U.S. at 372, 102 S.Ct. 1114 (quoting Warth v.
Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975)) (emphasis added).
The Supreme Court has established three requirements for standing under Article|
Ill. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d
351 (1992); First, the plaintiff must have suffered an injury in fact — an invasion of a
legally protected interest which is (a) concrete and particularized, and (b) actual or
imminent.... Second, there must be a causal connection between the injury and the
conduct complained of.... Third, it must be likely, as opposed to merely speculative, that
the injury will be redressed by a favorable decision.

| declare under penalty of perjury under the laws of California that the foregoing is true
and correct, and that this declaration was executed on JULY 24, 2020
In West Sacramento, California 95798.

1. Pro Se Plaintiff, Tyrone L. Adams, alleges that ‘DEFENDANTS’, Charles L. Easley,
Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, Tom Anderson,
Chris Radich, Cynthia Weaver, Kelly Rodriques, Charleen Goodrich, Jack Bass,
George Trefcer, et. al., [LANDLORDS] “HOME OWNERS” of the SUBJECT
PROPERTY located 188 Lee Road in Nicolaus, California; “DEFENDANTS”
HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO, ANN FISHER,
EILEEN STEARMAN; AND “DEFENDANTS” DON FELTON - CULLIGAN WATER
SYSTEMS COMPANY OF SACRAMENTO;

were the legal (proximate) cause of damages suffered by Plaintiff, Tyrone L. Adams.

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 52. That by the following acts or omissions to act, ‘DEFENDANTS’, Charles L. Easley,
Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, Pensco INC.,
Charleen Goodrich, Jack Bass, George Trefcer, Tom Anderson, Chris Radich,
Cynthia Weaver, Kelly Rodriques, et. al., [LANDLORDS] “HOME OWNERS” of the
SUBJECT PROPERTY located 188 Lee Road in Nicolaus, California; “DEFENDANTS”
HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO, ANN FISHER,
EILEEN STEARMAN; “DEFENDANTS” DON FELTON - CULLIGAN WATER
SYSTEMS COMPANY OF SACRAMENTO; caused the serious, debilitating,
incapacitating, persistent, recurrent medical illness, physical injury, and damages
suffered by Plaintiff on 06/09/09 — 4/20/2011 at 188 Lee Road in Nicolaus, California.
3. GROSS NEGLIGENCE

Gross negligence is the lack of any care or an extreme departure from what a
reasonably careful person would do in the same situation to prevent harm to others.

A person can be grossly negligent by acting or by failing to act.

‘Gross negligence’ long has been defined in California and other jurisdictions

as either a ‘“ ‘want of even scant care’”’ or ‘ “ ‘an extreme departure from the
ordinary standard of conduct.’”’” (City of Santa Barbara, supra, 41 Cal.4th at

p. 754, internal citations omitted.) “By contrast, ‘wanton’ or ‘reckless’ misconduct (or

6a wy

willful and wanton negligence’ ’) describes conduct by a person who may have no
intent to cause harm, but who intentionally performs an act so unreasonable and
dangerous that he or she knows or should know it is highly probable that harm will
result.” (City of Santa Barbara, supra, 41 Cal.4th at p. 754, fn. 4, internal citations
omitted.)

4. That, Gross negligence is pleaded by alleging the traditional elements of negligence:
duty, breach, causation, and damages. However, to set forth a claim for ‘gross
negligence’ the plaintiff must allege extreme conduct on the part of the defendant.”

5. That, on MARCH 27, 2009, before giving possession of leased property to Plaintiff,

Tyrone L. Adams; DEFENDANTS’, Charles L. Easley, Andrew J. Paulson, Charleen

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 6Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et. al., [LANDLORDS] “HOME OWNERS” of the SUBJECT PROPERTY
located 188 Lee Road in Nicolaus, California, failed to conduct a reasonable
inspection of the property for unsafe conditions and failed to take reasonable
precautions to prevent injury due to the conditions that were or reasonably should have
been discovered in the process.

6. That, ‘DEFENDANTS’, Charles L. Easley, Andrew J. Paulson, Charleen
Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et. al., [LANDLORDS] “HOME OWNERS” of the SUBJECT PROPERTY
located 188 Lee Road in Nicolaus, California; were negligent because from MARCH
29, 2009 through APRIL 20, 2011, they failed to use reasonable care to maintain and
keep the property in a reasonably safe condition.

7. That, from March 29, 2009 through APRIL 20, 2011, “DEFENDANTS”, Charles L.
Easley, Andrew J. Paulson, Charleen Goodrich, Jack Bass, George Trefcer,
Pensco Trust Company, Pensco Incorporated, Pensco INC, Tom Anderson, Chris
Radich, Cynthia Weaver, Kelly Rodriques, et. al., [LANDLORDS] “HOME
OWNERS?” of the SUBJECT PROPERTY located 188 Lee Road in Nicolaus,
California, failed to use reasonable care to discover any unsafe conditions and to repait,
replace, or give adequate warning of anything that could be reasonably expected to
harm others.

8. That on MARCH 27, 2009, Pro Se Plaintiff, Tyrone L. Adams executed a written
twenty-four month residential lease contract with “DEFENDANTS”, Charles L. Easley,
Andrew J. Paulson, Charleen Goodrich, Jack Bass, George Trefcer, Pensco Trust
Company, Pensco Incorporated, Pensco INC, Tom Anderson, Chris Radich,
Cynthia Weaver, Kelly Rodriques, et. al., [LANDLORDS] “HOME OWNERS’ of the
SUBJECT PROPERTY located 188 Lee Road in Nicolaus, California.

DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE79. That prior to executing the written twenty-four month residential lease contract on
March 27, 2009, “DEFENDANTS”, Charles L. Easiey, Andrew J. Paulson, Charleen
Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et. al., [LANDLORDS] “HOME OWNERS?’ of the SUBJECT PROPERTY
located 188 Lee Road in Nicolaus, California; had a duty to use reasonable to inspect
the leased property for conditions which created an unreasonable risk of serious harm
to Plaintiff, Tyrone L. Adams.

10. That, “DEFENDANTS”, Charlies L. Easley, Andrew J. Paulson, Charleen
Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et. al., [LANDLORDS] “HOME OWNERS” of the SUBJECT PROPERTY
breached a duty to use reasonable care in the inspection, maintenance, management,
and ownership of the property because a condition on the property created an
unreasonable risk of harm;

11. That, “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Charleen
Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et. al., [LANDLORDS] “HOME OWNERS, knew or, through the exercise of
reasonable care, should have known about it; and “DEFENDANTS”, Charles L. Easley,
Andrew J. Paulson, Charleen Goodrich, Jack Bass, George Trefcer, Pensco Trust
Company, Pensco Incorporated, Pensco INC, Tom Anderson, Chris Radich,
Cynthia Weaver, Kelly Rodriques, et. al., [LANDLORDS] “HOME OWNERS failed to
repair the condition, protect against harm from the condition, or give adequate warning
of the condition. (Cal. Health and Safety Code §25249.6; §26147; §17920.3 et. seq.).
12. That MARCH 27, 2009 through MARCH 28, 2011, DEFENDANTS”, Charies L.
Easley, Andrew J. Paulson, Charleen Goodrich, Jack Bass, George Trefcer,

Pensco Trust Company, Pensco Incorporated, Pensco INC, Tom Anderson, Chris

VERIFIED ‘AFFIDAVIT OF 7 TYRONE ‘ADAMS IN SUPPORT OF PLAIN
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 8Radich, Cynthia Weaver, Kelly Rodriques, et. al., [LANDLORDS] “HOME OWNERS
of the SUBJECT PROPERTY, had a duty to maintain the leased residential property in
a safe condition fit for human habitation.

13. That from MAY 1, 2009 - DECEMBER 31, 2010, at 188 LEE ROAD in Nicolaus,
California, Pro Se Plaintiff, Tyrone Adams, claims he was harmed because
“DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Charleen Goodrich, Jack
Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco INC,
Tom Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et. al.,
[LANDLORDS] “HOME OWNERS’ of the SUBJECT PROPERTY located 188 Lee
Road in Nicolaus, California; “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO; “(a) had a legal duty to use reasonable due care to inspect the leased
residential property for unsafe conditions which may cause harm to Plaintiff, Tyrone L.
Adams; (b) That “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Pensco
Trust Company, Pensco Incorporated, et. al., [LANDLORDS] “HOME OWNERS’ of
the SUBJECT PROPERTY; “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO, breached the legal duty to use reasonable due care; [and]

(c) “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Pensco Trust
Company, Pensco Incorporated, et. al., [LANDLORDS] “HOME OWNERS’ of the
SUBJECT PROPERTY; “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO, breach of their duty to use reasonable due care was the proximate or

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 9legal cause of the resulting medical harm and physical injury to Plaintiff, Tyrone L.
Adams.

14. That from MAY 1, 2009 through DECEMBER 31, 2010, “DEFENDANTS”, Charles
L. Easley, Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, et.
al., [LANDLORDS] “HOME OWNERS’ of the SUBJECT PROPERTY;
“DEFENDANTS” HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO,
ANN FISHER, EILEEN STEARMAN; “DEFENDANTS” DON FELTON - CULLIGAN
WATER SYSTEMS COMPANY OF SACRAMENTO; acted “recklessness” and with
“reckless disregard” for the health, welfare and safety of Plaintiff, Tyrone L. Adams,
because they knew or should have known it was highly probable that their conduct
would cause harm to Plaintiff, Tyrone L. Adams; and

15. That “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Pensco Trust
Company, Pensco Incorporated, et. al., [LANDLORDS] “HOME OWNERS’ of the
SUBJECT PROPERTY; “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO recklessly and knowingly disregarded the risk that unsafe conditions
would cause harm and injury of Plaintiff, Tyrone L. Adams; and

16. That from MAY 1, 2009 - DECEMBER 31, 2010, “DEFENDANTS”, Charles L.
Easley, Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, et. al.,
[LANDLORDS] “HOME OWNERS?’ of the SUBJECT PROPERTY located 188 Lee
Road in Nicolaus, California; “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO were negligent (Cal. Civil Code §1927; §1929; § 1940.8.; § [1944.];
§1941.1(a)(1-9);

17. That Plaintiff, Tyrone L. Adams was harmed; and

et ee NN AE NE
VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO

DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 1018. That “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Charleen
Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et. al., [LANDLORDS] “HOME OWNERS” of the SUBJECT PROPERTY
located 188 Lee Road in Nicolaus, California; “DEFENDANTS” HOMEPOINTE
PROPERTY MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN
STEARMAN; “DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS
COMPANY OF SACRAMENTO’s “recklessness” and gross negligence was a
substantial factor in causing Plaintiff, Tyrone L. Adams’ harm .(Cal. Evidence Code
§623; §646; §668; §669; §353;§354)(Cal. CCP §475; §631)(California State
Constitution Article, VI, Section 13: Judicial Miscarriage of Justice).

19. That, from MAY 1, 2009 - DECEMBER 31, 2010, .

“DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Charleen Goodrich, Jack
Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco INC,
Tom Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et. al.,
[LANDLORDS] “HOME OWNERS" of the SUBJECT PROPERTY located 188 Lee
Road in Nicolaus, California; “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO, failed to exercise reasonable due care to perform proper maintenance,
inspection, and repairs; refused, delayed, and/or failed to properly perform correction
and remediation of indoor Toxic Mold and Mildew; failed to properly perform
replacement of Seven (7) improperly installed, defective exterior entry doors; and failed
to provide a Potable Indoor drinking and bathing water supply; and

20. That “DEFENDANTS' Charles L. Easley, Andrew J. Paulson, Charleen Goodrich,
Jack Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensca
INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et al.,
[LANDLORDS] “HOME OWNERS], “DEFENDANTS” HOMEPOINTE PROPERTY
DEFENDANTS’ DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND IN SUPPORT OF

PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 11MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO, failed to properly inspect, manage, and maintain the leased residential
property; failed to provide any notice of hazardous dangerous conditions on the
premises, and failed to provide any warnings to protect or avoid the dangerous or
hazardous conditions;

21. That this “reckless and wanton conduct’ constituted gross negligence because of
“either a "want of even scant care" or "an extreme departure from the ordinary standard
of conduct. “

22. That DEFENDANTS' Charles L. Easley, Andrew J. Paulson, Charleen Goodrich,
Jack Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco
INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et al.,
[LANDLORDS] “HOME OWNERS], “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN;
“DEFENDANTS” DON FELTON - CULLIGAN WATER SYSTEMS COMPANY OF
SACRAMENTO, acted with Recklessness” because they knew it was highly probable
that their conduct would cause harm and they knowingly disregarded this risk.

23. That DEFENDANTS' Charles L. Easley, Andrew J. Paulson, Charleen Goodrich,
Jack Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco
INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et al.,
[LANDLORDS] “HOME OWNERS], “DEFENDANTS” HOMEPOINTE PROPERTY
MANAGEMENT, ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN, were
grossly negligent by willful, deliberate intentional failure to prevent recurrent indoor
flooding and recurrent indoor rain water intrusion at the leased residence located at 188
Lee Road, resulting in widespread growth of TOXIC BLACK MOLD (Stachybotrys
chartarum and Aspergillus Fumigatus). These toxic indoor molds produce spores
which contain MYCOTOXINS which are neurotoxic and harmful to the human brain and
respiratory system causing hyperallergic bronchopulmonary pneumonitis; acute

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 12respiratory bronchitis; shortness of breath; dyspnea; chest pain, chronic cough with
hemoptysis; fatigue, fever, and chills; with acute respiratory distress; and induced acute
wheezing with asthma.

24. That from MAY 1, 2009 - JANUARY 11, 2011; DEFENDANTS” Charles L. Easley,
Andrew J. Paulson, Charleen Goodrich, Jack Bass, George Trefcer, Pensco Trust
Company, Pensco Incorporated, Pensco INC, Tom Anderson, Chris Radich,
Cynthia Weaver, Kelly Rodriques, et al., [LANDLORDS] “HOME OWNERS],
“DEFENDANTS” HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO,
ANN FISHER, EILEEN STEARMAN; deliberately, willfully, intentionally, recklessly, and
maliciously, refused to properly repair, replace, or remove the SIX (6) large defective
double pane French patio exterior entry doors which were improperly installed. This
reckless conduct permitted the conditions in the newly constructed single family leased
residence to deteriorate to a deplorable, reprehensible, untenable and uninhabitable
status unfit for human habitation;

25. That from 5/1/2009 — 3/28/2011, DEFENDANTS’ Charles L. Easley, Andrew J.
Paulson, Charleen Goodrich, Jack Bass, George Trefcer, Pensco Trust Company,
Pensco Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver,
Kelly Rodriques, et al., [LANDLORDS] “HOME OWNERS], “DEFENDANTS”
HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO, ANN FISHER,
EILEEN STEARMAN; repeatedly told Plaintiff, Tyrone L. Adams, "IF YOU DON'T LIKE
THE CONDITIONS IN THE LEASED RESIDENCE JUST MOVE OUT." JUST
LEAVE."” JUST GET OUT.”

26. That from MARCH 29, 2009 - MARCH 28, 2011,

DEFENDANTS” Charles L. Easley, Andrew J. Paulson, Charleen Goodrich, Jack
Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco INC,
Tom Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et. al.,
[LANDLORDS] “HOME OWNERS" of the SUBJECT PROPERTY; “DEFENDANTS”

“VERIFIED “AFFIDAVIT OF TYRONE ‘ADAMS IN SUPPORT OF PLAINTIFF'S $ OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 13HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO, ANN FISHER,
EILEEN STEARMAN; “DEFENDANTS” DON FELTON - CULLIGAN WATER
SYSTEMS COMPANY OF SACRAMENTO; failed to warn or inform the Plaintiff, Tyron
L. Adams, that the all the drinking and bathing water supply in the newly constructed
leased residence was contaminated with markedly elevated, potentially lethal,
concentrations of highly toxic heavy metals ARSENIC, LEAD, ALUMINUM, COPPER.
This created a potentially life threatening hazardous condition and clearly foreseeable
hazard on the property in violation of California Health and Safety Code Section
25249.6 - 25249.7; violation Uniform Plumbing Code §601.1).

27. The heavy metal contaminants ARSENIC, ALUMINUM, LEAD, and COPPER,
exceeded the MAXIMUM CONTAMINANT LEVELS (MCL).

28. The heavy metal contaminants ARSENIC, ALUMINUM, LEAD, and COPPER are
neurotoxic, hepatotoxic, and nephrotoxic and posed a significant clearly foreseeable risk
of life threatening danger and harm to the Plaintiff, Tyrone L. Adams.

29. That Plaintiff, Tyrone L. Adams, was seriously harmed and suffered devastating
continuous, permanent medical injury; and has sustained extensive financial and
economic loss and damages.

30. That DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Charleen
Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et. al., [LANDLORDS] “HOME OWNERS” of the SUBJECT PROPERTY;
“DEFENDANTS” HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO,
ANN FISHER, EILEEN STEARMAN; “DEFENDANTS” DON FELTON - CULLIGAN
WATER SYSTEMS COMPANY OF SACRAMENTO’s gross negligence was a
substantial factor in causing Plaintiff, Tyrone L. Adams' harm by creating a defective
and dangerous condition on the premises, without any barriers or any warnings to avoid
it, constituted "either a "want of even scant care" or "an extreme departure from the

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 14ordinary standard of conduct."" [Citations.]" (City of Santa Barbara, supra, 41 Cal.4th at
p. 754.)

31. From MAY 1, 2009 - DECEMBER 31, 2010, DEFENDANTS”, Charles L. Easiey,
Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, et. al.,
[LANDLORDS] “HOME OWNERS?’ of the SUBJECT PROPERTY; “DEFENDANTS”
HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO, ANN FISHER,
EILEEN STEARMAN; “DEFENDANTS” DON FELTON - CULLIGAN WATER
SYSTEMS COMPANY OF SACRAMENTO, failed to perform regular preventative
maintenance. 32. That from MAY 1, 2009 - DECEMBER 31, 2010; DEFENDANTS”,
Charles L. Easley, Andrew J. Paulson, Pensco Trust Company, Pensco
Incorporated, et. al., [LANDLORDS] “HOME OWNERS’ of the SUBJECT
PROPERTY; “DEFENDANTS” HOMEPOINTE PROPERTY MANAGEMENT,
ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN; “DEFENDANTS” DON
FELTON - CULLIGAN WATER SYSTEMS COMPANY OF SACRAMENTO, failed to
perform regular preventative maintenance, and, on that basis, DEFENDANTS”,
Charles L. Easley, Andrew J. Paulson, Pensco Trust Company, Pensco
Incorporated, et. al., [LANDLORDS] “HOME OWNERS?’ of the SUBJECT
PROPERTY; “DEFENDANTS” HOMEPOINTE PROPERTY MANAGEMENT,
ROBERT MACHADO, ANN FISHER, EILEEN STEARMAN; “DEFENDANTS” DON
FELTON - CULLIGAN WATER SYSTEMS COMPANY OF SACRAMENTO

acted in a manner demonstrating either a ‘want of even scant care’ or an extreme
departure from the ordinary standard of conduct.

33. That from MAY 1, 2009 - DECEMBER 31, 2010, DEFENDANTS”, Charles L.
Easley, Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, et. al.,
[LANDLORDS] “HOME OWNERS’ of the SUBJECT PROPERTY; “DEFENDANTS”
HOMEPOINTE PROPERTY MANAGEMENT, ROBERT MACHADO, ANN FISHER,
EILEEN STEARMAN; “DEFENDANTS” DON FELTON - CULLIGAN WATER
SYSTEMS COMPANY OF SACRAMENTO, were grossly negligent by failing to to act

VERIFIED AFFIDAVIT OF TYRONE "ADAMS IN SUPPORT OF PLAINTIFE” Ss OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 15and by acting in a manner which demonstrated the lack of any care or an extreme
departure from what a reasonably careful person would do in the same situation to
prevent harm to others. (Cal. Evidence Code §623; §646; §668; §669; §353;
§354)(C.C.P. §475; §631).

(4) That, at all times from MARCH 1, 2009 through MAY 30, 2011, “DEFENDANTS”,
DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Charleen Goodrich, Jack
Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco INC,
Tom Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et. al.’s (“HOME
OWNERS) owed, managed, maintained the SUBJECT PROPERTY located at 188 Lee
Road in Nicolaus, California.

(5) That, negligence is presumed based upon the “DEFENDANTS”, Charles L. Easley,
Andrew J. Paulson, Charleen Goodrich, Jack Bass, George Trefcer, Pensco Trust
Company, Pensco Incorporated, Pensco INC, Tom Anderson, Chris Radich,
Cynthia Weaver, Kelly Rodriques, et. al.’s (“HOME OWNERS”) violation of California
Health and Safety Code §17920.3. Any building or portion thereof including any dwelling
unit, guestroom or suite of rooms, or the premises on which the same is located, in
which there exists any of the following listed conditions to an extent that endangers the
life, limb, health, property, safety, or welfare of the public or the occupants thereof shall
be deemed and hereby is declared to be a substandard building: (a) Inadequate
sanitation shall include, but not be limited to, the following: Subsections:
(11),(12),(13),(14); (b) Structural hazards shall include, but not be limited to, the
following: (2) Defective or deteriorated flooring or floor supports; (c) Any nuisance; (e);
(g) Faulty weather protection, which shall include, but not be limited to, the following:
(2); (k) Any building or portion thereof that is determined to be an unsafe building due to
inadequate maintenance, in accordance with the latest edition of the Uniform Building
Code; failure to comply with the mandates of § 26147; §47975.; §17975.1; §17975.2;
§17975.3; §17995; §17995.1; §25249.6 - §25249.7;

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFE’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 16Violation of California Civil Code 1940.2.(a)(b); §1940.8.; §1940.8.5;
§1941.1.(a)(1),(3),(5),(6),(8); §1942.4.(a)(1),(2),(3);(b)(1),(2);(c); §4942.5.(a) Prohibits
Retaliation; §1927; §1929; California Civil Code §51(a),(b); §51.7; §52(a),(b),(c);
§52.1(a),(b),(c); violation of California Government Code Fair Employment and Housing
ACT: Retaliation Unlawful: §12955(a),(d),(f),(g),(k); §12955.7; §12955.8(a),(b); §25132;
§36900; violation of Federal Fair Housing ACT §3617: Retaliation Prohibited; Title 42
U.S.C. §1981(a),(b); §1982; violation of the Uniform Plumbing Code §601.1; violation of
Sutter County Public Nuisance Abatement Safety Ordinance Code §1701-130.

(6) That from MARCH 29, 2009 through APRIL 20, 2011,"DEFENDANTS”, Charles L.
Easley, Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, et. al.’s|
(“HOME OWNERS) of the SUBJECT PROPERTY located at 188 Lee Road in Nicolaus,
California negligent conduct resulted in a substantial probability that Plaintiff, Tyrone L.

Adams’ medical illness, physical harm and injury were caused by the violation of the
federal, state, and Sutter County laws, statutes, government codes, civil codes, Health
and Safety Codes, Uniform Plumbing Code, and ordinances.;

(7) That Pro Se Plaintiff, Tyrone L. Adams suffered medical injury and physically harm;
and that the “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Pensco Trust
Company, Pensco Incorporated, et. al.’s (“HOME OWNERS) negligent conduct was
a substantial factor in causing the Plaintiffs allergic bronchopulmonary pneumonitis and
bronchitis; and

(8) That Plaintiff, Tyrone L. Adams has met his burden of proof requiring the
“DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Charleen Goodrich, Jack
Bass, George Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco INC,
Tom Anderson, Chris Radich, Cynthia Weaver, Keily Rodriques, et. al.’ (“HOME
OWNERS) to prove that the multiple violations of the fair housing laws, statutes, codes,
and ordinances did not cause or result in the plaintiff's injury. (Toste v. CalPortland
Construction (2016) 245 Cal.App.4th 362, 371

[199 Cal.Rptr.3d 522].

| ER SA SSRI ee rere,
VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 17(9) That in California, “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson,
Pensco Trust Company, Pensco Incorporated, et. al.’s (“HOME OWNERS) of the
SUBJECT PROPERTY located at 188 Lee Road in Nicolaus, California; are negligent
per se (presumed negligent) when:

1.

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO

The “DEFENDANTS”, DEFENDANTS”, Charles L. Easley, Andrew J. Paulson
Pensco Trust Company, Pensco Incorporated, et. al.’s (“HOME OWNERS)
violated a statute, ordinance, or regulation;

The violation caused medical illness, physical harm or injury to Plaintiff, Tyrone L.
Adams and/or his personal property or personal belongings;

The medical illness, physical harm or injury resulted from an act the statute,
ordinance, or regulation as stated above which were designed to prevent medical
illness, physical harm or injury to Plaintiff, Tyrone L. Adams; and

The Plaintiff, Tyrone L. Adams suffered medical illness, physical harm or injury is
a member of a group the statute, ordinance, or regulation was designed to
protect;

That the Negligence Per Se (presumed negligence) of “DEFENDANTS”,
DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Pensco Trust
Company, Pensco Incorporated, et. al.’s (“HOME OWNERS) of the SUBJECT]
PROPERTY located at 188 Lee Road in Nicolaus, California was a substantial
factor in causing the medical illness, physical harm or injury, financial and
economic damages suffered by Plaintiff, Tyrone L. Adams.

That Plaintiff, Tyrone L. Adams is entitle to compensation according to proof and
is entitled Victim Restitution pursuant to California State Constitution Article |,
§28 — Marsy’s Law; Victim’s Bill of Rights).(a)(1-8);(b)(1-4);(b)(5);(b)(6-12);
(b)(13)(A),(B),(C) — Victim Restitution; (c) (1) A victim, the retained attorney of a
victim, a lawful representative of the victim, or the prosecuting attorney upon
request of the victim, may enforce the rights enumerated in subdivision (b) in any
trial or appellate court with jurisdiction over the case as a matter of right. The

DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 18

7court shall act promptly on such a request.; (e) As used in this section, a “victim”
is a person who suffers direct or threatened physical, psychological, or financial
harm as a result of the commission or attempted commission of a crime or
delinquent act. (f) In addition to the enumerated rights provided in subdivision (b)
that are personally enforceable by victims as provided in subdivision (c), victims
of crime have additional rights that are shared with all of the People of the State
of California. These collectively held rights include, but are not limited to, the
following: (2) Right to Truth-in-Evidence; (5) Truth in Sentencing.

CAUSE OF ACTION NUMBER ONE: PREMISES LIABILITY:

Plaintiff, Tyrone L. Adams, IN Pro Per, alleges that the acts of ‘DEFENDANTS’,
Charles L. Easley, Andrew J. Paulson, Charleen Goodrich, Jack Bass, George
Trefcer, Pensco Trust Company, Pensco Incorporated, Pensco INC, Tom
Anderson, Chris Radich, Cynthia Weaver, Kelly Rodriques, et al., “HOME
OWNERS’ of the SUBJECT PROPERTY located at 188 Lee Road in Nicolaus,
California; and ‘DEFENDANTS’, HOMEPOINTE PROPERTY MANAGEMENT, Robert
Machado, Ann Ford, Eileen Stearman; and “DEFENDANTS”, DON FELTON —
Culligan Water System COMPANY of Sacramento; were the legal (proximate) cause
of damages and harm to Plaintiff, Tyrone L. Adams.

Plaintiff, Tyrone L. Adams claims that he suffered severe medical harm and
physical injury because “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson,
Charleen Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et al., “HOME OWNERS?” of the SUBJECT PROPERTY located at 188
Lee Road in Nicolaus, California; “DEFENDANTS”, HOMEPOINTE PROPERTY
MANAGEMENT, Robert Machado, Ann Ford, Eileen Stearman, owed him a Basic
Duty of Care. “A person who owns, leases, manages, or maintains residential rental

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 19property is negligent if he or she fails to use reasonable care to keep the rental property
in a reasonably safe condition.

Under California's “premises liability” laws, property owners have a duty of care to
keep their property in a reasonably safe condition.

This “duty of care” obligated “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson,
Charleen Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et al., “HOME OWNERS” of the SUBJECT PROPERTY located at 188
Lee Road in Nicolaus, California; who own, manages, or maintains residential rental
property to exercise reasonable care to: Maintain the property; Inspect the property;
Properly Repair, correct, remediate, or rectify any potentially dangerous conditions;
and/or Give adequate warning of any dangerous condition(s).

This “duty of care” obligated “DEFENDANTS”, Charles L. Easley, et al., “HOME
OWNERS?” of the SUBJECT PROPERTY located at 188 Lee Road in Nicolaus,
California; AND “DEFENDANTS HOMEPOINTE PROPERTY MANAGEMENT,
Robert Machado, Ann Ford, Eileen Stearman; who managed, and maintained the
SUBJECT PROPERTY located at 188 Lee Road in Nicolaus, California to exercise
reasonable care to: Maintain the property; Inspect the property; Properly Repair, correct,
remediate, or rectify any potentially dangerous conditions; and/or Give adequate
warning of any dangerous condition(s).

A property owner or property manager is negligent in failing to keep the property in a
reasonably safe condition and is liable for any injuries sustained on the property.
Plaintiff, Tyrone L. Adams, claims that ‘DEFENDANTS’, Charles L. Easley, et al.,
“HOME OWNERS’ of the SUBJECT PROPERTY located at 188 Lee Road in Nicolaus,
California; were negligent in failing to use due care in the management, maintenance,
and ownership of their property; AND

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 20That, ‘DEFENDANTS’, HOMEPOINTE PROPERTY MANAGEMENT, Robert
Machado, Ann Ford, Eileen Stearman; were negligent in failing to use due care in the
management and maintenance of the SUBJECT PROPERTY.

To establish the claim, Plaintiff, Tyrone L. Adams, alleges the following:

1. That, ‘DEFENDANTS’, Charles L. Easley, Andrew J. Paulson, Charleen
Goodrich, Jack Bass, George Trefcer, Pensco Trust Company, Pensco
Incorporated, Pensco INC, Tom Anderson, Chris Radich, Cynthia Weaver, Kelly
Rodriques, et al., “HOME OWNERS” of the SUBJECT PROPERTY located at 188
Lee Road in Nicolaus, California; owned, leased, managed, and maintained the newl
constructed, single family residence.

2. That, “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Pensco Trust
Company, Pensco Incorporated, et al., “HOME OWNERS” of the SUBJECT
PROPERTY located at 188 Lee Road in Nicolaus, California; executed a written
twenty-four month residential lease contract with Pro Se Plaintiff, Tyrone L. Adams, on
MARCH 27, 2009.

3. That, ‘DEFENDANTS’, Charles L. Easley, et al., “HOME OWNERS” of the
SUBJECT PROPERTY located at 188 Lee Road in Nicolaus, California; had a duty
to exercise due care in the management, maintenance, ownership, and care of the
leased residential property pursuant to California Civil Code Section 1714(a); pursuant
to California’s Implied warranty of habitability requires residential landlords to
maintain their rented properties in a habitable condition. California Civil Code §1941.1;
and §1927 Warranty of Quiet Enjoyment.

4. That from MARCH 29, 2009 through APRIL 20, 2011, ‘DEFENDANTS’, Charles

L. Easley, Andrew J. Paulson, Pensco Trust Company, Pensco Incorporated, et al
“HOME OWNERS?’ of the SUBJECT PROPERTY located at 188 Lee Road in Nicolaus,
California; and “DEFENDANTS”, HOMEPOINTE PROPERTY MANAGEMENT, Robert
Machado, Ann Ford, Eileen Stearman; and “DEFENDANTS”, DON FELTON —

DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 21Culligan Water System of Sacramento; knew that a condition on the property created
an unreasonable risk of harm;

5. That “DEFENDANTS”, Charles L. Easley, Andrew J. Paulson, Pensco Trust
Company, Pensco Incorporated, et al., “HOME OWNERS’ of the SUBJECT
PROPERTY located at 188 Lee Road in Nicolaus, California; and ‘DEFENDANTS’,
HOMEPOINTE PROPERTY MANAGEMENT, Robert Machado, Ann Ford, Eileen
Stearman; and “DEFENDANTS”, DON FELTON - Culligan Water System of
Sacramento; knew or, through the exercise of reasonable care, should have known
about the dangerous condition at the leased residential property; and

6. That ‘DEFENDANTS’, Charles L. Easley, Andrew J. Paulson, Pensco Trust
Company, Pensco Incorporated, et al., “HOME OWNERS’ of the SUBJECT
PROPERTY located at 188 Lee Road in Nicolaus, California; and ‘DEFENDANTS’,
HOMEPOINTE PROPERTY MANAGEMENT, Robert Machado, Ann Ford, Eileen
Stearman; and ‘DEFENDANTS’, DON FELTON - Culligan Water System of
Sacramento; failed to repair the condition, protect against harm from the condition, or
give adequate warning of the condition.

7. That from MARCH 29, 2009 through MARCH 28, 2011, ‘DEFENDANTS’,
Charles L. Easley, et al., “HOME OWNERS?” of the SUBJECT PROPERTY located at
188 Lee Road in Nicolaus, California; breached their duty to exercise due care in the
management, maintenance, ownership and care of the leased residential property.
That from MAY 1, 2009 through MAY 30, 2010, DEFENDANTS’, HOMEPOINTE
PROPERTY MANAGEMENT, Robert Machado, Ann Ford, Eileen Stearman,
breached their duty to exercise due care in the management, maintenance, and care of
the leased residential property by deliberately, intentionally, and maliciously, failing and
refusing to perform mandatory maintenance, repairs, and remediation of indoor Toxic
Mold; failed to provide a Potable indoor drinking water supply pursuant to Uniform
Plumbing Code § 601.1; failed to comply with California Health and Safety Codes

§ 17920.3 et. seq.; §26147; and § 25249.6 in violation of California H&S Code Sections

VERIFIED AFFIDAVIT OF TYRONE ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 22§ 17995 and § 17995.1.
That from MAY 1, 2009 through MAY 30, 2010, “DEFENDANTS”, HOMEPOINTE
PROPERTY MANAGEMENT, Robert Machado, Ann Ford, Eileen Stearman,
breached their duty to exercise due care in the management, maintenance, and care of
the leased residential property by placing multiple large sand bags in front of the
double paned French Patio Second Floor Balcony exterior entry doors; in front of the
first floor double paned French Patio court yard exterior entry doors; in front of the first
floor large, Round Top, Ranch Style double wooden front exterior entry doors; in front of
the first floor master suite double paned French Patio exterior entry doors; and in front
of the double paned French Patio first floor rear patio court yard exterior entry doors;
in a failed attempt to stop recurrent indoor rain water intrusion and recurrent indoor
flooding due to Seven (7) defective, broken, improperly installed exterior entry doors.
That each of the double paned French Patio exterior entry doors had construction
defects and gaps at the base of the doors which permitted vermin and pests to enter the|
leased residential property and permitted recurrent indoor rain water intrusion.
8. That “DEFENDANTS”, Charles L. Easley, et al., “HOME OWNERS?” of the
SUBJECT PROPERTY located at 188 Lee Road in Nicolaus, California; and
“DEFENDANTS”, HOMEPOINTE PROPERTY MANAGEMENT, Robert Machado,
Ann Ford, Eileen Stearman, placed “DUCT TAPE” across the base of all the large
double pane French Patio exterior entry doors in a failed attempt to stop vermin,
pests, rats, small snakes, poisonous “Black Widow” spiders, bees, wasps, hornets,
yellow jackets, lizards, and large horse flies from entering the newly constructed single

family residence located at 188 Lee Road in Nicolaus, California.

9. That from MARCH 28, 2009 through DECEMBER 29, 2010, “DEFENDANTS”,
Charles L. Easley, et al., “HOME OWNERS” of the SUBJECT PROPERTY located at|
188 Lee Road in Nicolaus, California; and “DEFENDANTS”, HOMEPOINTE
PROPERTY MANAGEMENT, Robert Machado, Ann Ford, Eileen Stearman, failed to
provide Plaintiff, Tyrone L. Adams with the mandatory California Civil Code Chapter 2

VERIFIED ‘AFFID, r OF TYRONE "ADAMS SUPPORT OF PLAINT FP’S OPPOSITION TO
DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
AGAINST THEM WITH PREJUDICE. PAGE 23§ 1940.8 and § 1940.85 notifications: A landlord of a residential dwelling unit shall
provide each new tenant that occupies the unit with a copy of the notice provided by a

registered structural pest control company pursuant to Section 8538 of the Business
and Professions Code , if a contract for periodic pest control service has been executed
California law requires landlords to keep their properties in livable condition.

The landlord is responsible for paying the exterminato