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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-13-2010 4:23 pm
Case Number: CUD-10-633981
Filing Date: Aug-13-2010 4:23
Juke Box: 001 Image: 02940043
ANSWER
CARITAS MANAGEMENT CORPORATION VS. EUGENE JEFFERSON et al
001002940043
Instructions:
Please place this sheet on top of the document to be scanned.¢
©)
San Francisco, CA 94502 F I
7 Fearn;
ATTORNEY FOR Nome [efendant in pro. per.
UD-105
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO: FOR COURT USE ONLY
| EUGENE JEFFERSON (415) 410-8563
380 Eddy Street # 306
Namcorcourt’ SUPERIOR COURT OF CALIFORNIA, S.F. COUNTY AUG 3
street aooress. 400 McAllister Street, Room 103
MAILING ADDRESS: ERKOF 7
ciryanozecoce: San Francisco 94102
srancHname: Limited Jurisdiction
PLAINTIFF:
CARITAS MANAGEMENT CORPORATION
perenpant: EUGENE JEFFERSON, et al.
CASE
“™CUD-10-633981
ANSWER—Unlawful Detainer
Limited Civil Case
1. Defendant (names): Eugene Jefferson
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
a.
b.
cd
Co
Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more
than $1,000.
Defendant admits that all of the statements of the complaint are true EXCEPT
(1) Defendant claims the following statements of the complaint are false (use paragraph numbers from the complaint
or explain):
[J Continued on Attachment 2b (1).
(2) Defendant has no information or belief that the following statements of the complaint are true, so defendant denies
them (use paragraph numbers from the complaint or explain):
[J Continued on Attachment 2b (2).
3, AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in the space provided at
the top of page twa (item 3))).
a. [2] (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
b. {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. [x] Plaintiff waived, changed, or canceled the notice to quit.
& 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 laws of the United States or California.
g 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 the facts showing violation of the ordinance in item 3h)
h. [(-] Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
i. [2X] Other affirmative defenses are stated in item 3).
Page 1of2
Form Approved by the Judical Civil Code, §1940 et seq.
un 188 fev: dana 2007) ANSWER—Unlawful Detainer cose Proce 642512
LexisNexis® Automated California Judicial Council Formsvw ww
UD-105
PLAINTIFF (Name): CARITAS MANAGEMENT CORPORATION CASE NUMBER
DEFENDANT (Name): EUGENE JEFFERSON, et al. CUD-10-633981
3. AFFIRMATIVE DEFENSES (cont'd)
j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one):
(1) (52 all the facts are stated in Attachment 3j. (2) [1 Facts are continued in Attachment 3).
4. OTHER STATEMENTS
a. [(/] Defendant vacated the premises on (date):
b. [x] The fair rental value of the premises alleged in the complaint is excessive (explain):
due to the above defects
c. LX] Other (specify):
Defendant requests credit for security deposit plus interest in an amount according to proof.
5. DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
b. costs incurred in this proceeding.
c. reasonable attorney fees.
d.
[x] 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.
X_] Other (specify):
such other relief as the Court deems just and proper
9”
6. [X] Number of pages attached (specify): |
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400- 6415)
7. (Must be completed in ail cases) An unlawful detainer assistant [X] didnot did 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:
d. County of registration: e. Registration No.;
EUGENE JEFFERSON >
(GYBE OR PRINT NAME) . INDANT OR ATTORNEY)
{TYPE OR PRINT NAME) {SIGHATURE OF DEFENDANT OR ATTORNEY?
(Each defendant for whom this answer js filed must be named in item 1 and must sign this answer unless his or her attorney signs.)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporaion or py nership. )
lam the defendant in this proceeding and have read this answer. I declare under of peyfury ung@f the laws of the State of
California that the foregoing is true and correct, Date: August 13, 2010
EUGENE JEFFERSON >
(TYPE OR PRINT NAME)
JRE OF DEFENDANT)
GO 108 Rov Janay 12007 ANSWER—Unlawful Detainer age zor
LexisNexis® Automated California Judicial Council Formsoer aunkh &@ NY
wR YR YY KR NN YP fF BF Se Se Se Ee BS Se Ss
oawatanamneh ONHHKF SLO DAD WH & WY NYE S
~
aw Vw
Attachment 3j
CASE NAME: CARITAS MANAGEMENT CORPORATION v. JEFFERSON, et al.
CASE NO.: CUD-10-633981
3a. Defects exist at the premises including, but not limited to,
the following: infestation of rodents, cockroaches, insects; gaps
around doors; elevator frequently inoperable. Plaintiff has had
actual and/or constructive notice of the defects but has failed to
make needed repairs.
3d. Plaintiff waived or changed or canceled the notice to quit
through conduct and statements.
3i. Other
(1) 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.
(2) Plaintiff is barred from seeking possession due to the doctrine
of laches.
(3) Plaintiff is estopped by conduct and/or statements from seeking
possession.
(4) Plaintiff has waived the right to strict enforcement of the
alleged covenant to pay rent by the first of each month.owen aun k& &B Nn
nN RY KR NYY NKR NY YY SE BF Be FP Se Be Se SB Ss
ownmk ea WON eE SO OANA HM FS YW NY HK SO
EUGENE JEFFERSON
380 Eddy Street # 306
San Francisco, CA 94102
PROOF OF SERVICE BY MAIL
CASE NAME: CARITAS MANAGEMENT CORPORATION v. JEFFERSON, et al.
CASE NO.: CUD-10-633981
I, Tek Hdewibpr” , declare as follows:
I am employed within the City and County of San Francisco. My
business address is EVICTION DEFENSE COLLABORATIVE, 995 Market
Street, #1200, San Francisco, California 94103. JI am over the age
of eighteen (18) years of age and not a party to the within action.
I am readily familiar with the EVICTION DEFENSE COLLABORATIVE's
practice for collection and processing of correspondence for mailing
with the United States Postal Service. Correspondence so collected
and processed is deposited with the United States Postal Service that
same day in the ordinary course of business.
On August 13, 2010, in accordance with Code of Civil Procedure
Section 1013a (3), I served the following:
n@dJury Demand
upon TNTIFF CARITAS MANAGEMENT CORPORATION, by placing the same
at the EVICTION DEFENSE COLLABORATIVE for deposit in the United
States Postal Service on that date in an envelope addressed as
follows:
Francisco G. Torres
Zanghi Torres Arshawsky LLP
703 Market Street, Suite 1600
San Francisco, CA 94103
I sealed the envelope and placed it for collection and mailing on
that date following ordinary business practices, in the City and
County of San Francisco, California.
I declare under penalty of perjury that the foregoing is true
and correct and that this declaration was executed on August 13, 2010
at San Francisco, California.
Proof of Service by Mail
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OO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-13-2010 4:23 pm Case Number: CUD-10-633981 Filing Date: Aug-13-2010 4:23 Juke Box: 001 Image: 02940043 ANSWER CARITAS MANAGEMENT CORPORATION VS. EUGENE JEFFERSON et al 001002940043 Instructions: Please place this sheet on top of the document to be scanned.¢ ©) San Francisco, CA 94502 F I 7 Fearn; ATTORNEY FOR Nome [efendant in pro. per. UD-105 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO: FOR COURT USE ONLY | EUGENE JEFFERSON (415) 410-8563 380 Eddy Street # 306 Namcorcourt’ SUPERIOR COURT OF CALIFORNIA, S.F. COUNTY AUG 3 street aooress. 400 McAllister Street, Room 103 MAILING ADDRESS: ERKOF 7 ciryanozecoce: San Francisco 94102 srancHname: Limited Jurisdiction PLAINTIFF: CARITAS MANAGEMENT CORPORATION perenpant: EUGENE JEFFERSON, et al. CASE “™CUD-10-633981 ANSWER—Unlawful Detainer Limited Civil Case 1. Defendant (names): Eugene Jefferson answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: a. b. cd Co Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than $1,000. Defendant admits that all of the statements of the complaint are true EXCEPT (1) Defendant claims the following statements of the complaint are false (use paragraph numbers from the complaint or explain): [J Continued on Attachment 2b (1). (2) Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them (use paragraph numbers from the complaint or explain): [J Continued on Attachment 2b (2). 3, AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in the space provided at the top of page twa (item 3))). a. [2] (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. b. {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. [x] Plaintiff waived, changed, or canceled the notice to quit. & 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 laws of the United States or California. g 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 the facts showing violation of the ordinance in item 3h) h. [(-] Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. i. [2X] Other affirmative defenses are stated in item 3). Page 1of2 Form Approved by the Judical Civil Code, §1940 et seq. un 188 fev: dana 2007) ANSWER—Unlawful Detainer cose Proce 642512 LexisNexis® Automated California Judicial Council Formsvw ww UD-105 PLAINTIFF (Name): CARITAS MANAGEMENT CORPORATION CASE NUMBER DEFENDANT (Name): EUGENE JEFFERSON, et al. CUD-10-633981 3. AFFIRMATIVE DEFENSES (cont'd) j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one): (1) (52 all the facts are stated in Attachment 3j. (2) [1 Facts are continued in Attachment 3). 4. OTHER STATEMENTS a. [(/] Defendant vacated the premises on (date): b. [x] The fair rental value of the premises alleged in the complaint is excessive (explain): due to the above defects c. LX] Other (specify): Defendant requests credit for security deposit plus interest in an amount according to proof. 5. DEFENDANT REQUESTS a. that plaintiff take nothing requested in the complaint. b. costs incurred in this proceeding. c. reasonable attorney fees. d. [x] 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. X_] Other (specify): such other relief as the Court deems just and proper 9” 6. [X] Number of pages attached (specify): | UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400- 6415) 7. (Must be completed in ail cases) An unlawful detainer assistant [X] didnot did 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: d. County of registration: e. Registration No.; EUGENE JEFFERSON > (GYBE OR PRINT NAME) . INDANT OR ATTORNEY) {TYPE OR PRINT NAME) {SIGHATURE OF DEFENDANT OR ATTORNEY? (Each defendant for whom this answer js filed must be named in item 1 and must sign this answer unless his or her attorney signs.) VERIFICATION (Use a different verification form if the verification is by an attorney or for a corporaion or py nership. ) lam the defendant in this proceeding and have read this answer. I declare under of peyfury ung@f the laws of the State of California that the foregoing is true and correct, Date: August 13, 2010 EUGENE JEFFERSON > (TYPE OR PRINT NAME) JRE OF DEFENDANT) GO 108 Rov Janay 12007 ANSWER—Unlawful Detainer age zor LexisNexis® Automated California Judicial Council Formsoer aunkh &@ NY wR YR YY KR NN YP fF BF Se Se Se Ee BS Se Ss oawatanamneh ONHHKF SLO DAD WH & WY NYE S ~ aw Vw Attachment 3j CASE NAME: CARITAS MANAGEMENT CORPORATION v. JEFFERSON, et al. CASE NO.: CUD-10-633981 3a. Defects exist at the premises including, but not limited to, the following: infestation of rodents, cockroaches, insects; gaps around doors; elevator frequently inoperable. Plaintiff has had actual and/or constructive notice of the defects but has failed to make needed repairs. 3d. Plaintiff waived or changed or canceled the notice to quit through conduct and statements. 3i. Other (1) 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. (2) Plaintiff is barred from seeking possession due to the doctrine of laches. (3) Plaintiff is estopped by conduct and/or statements from seeking possession. (4) Plaintiff has waived the right to strict enforcement of the alleged covenant to pay rent by the first of each month.owen aun k& &B Nn nN RY KR NYY NKR NY YY SE BF Be FP Se Be Se SB Ss ownmk ea WON eE SO OANA HM FS YW NY HK SO EUGENE JEFFERSON 380 Eddy Street # 306 San Francisco, CA 94102 PROOF OF SERVICE BY MAIL CASE NAME: CARITAS MANAGEMENT CORPORATION v. JEFFERSON, et al. CASE NO.: CUD-10-633981 I, Tek Hdewibpr” , declare as follows: I am employed within the City and County of San Francisco. My business address is EVICTION DEFENSE COLLABORATIVE, 995 Market Street, #1200, San Francisco, California 94103. JI am over the age of eighteen (18) years of age and not a party to the within action. I am readily familiar with the EVICTION DEFENSE COLLABORATIVE's practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On August 13, 2010, in accordance with Code of Civil Procedure Section 1013a (3), I served the following: n@dJury Demand upon TNTIFF CARITAS MANAGEMENT CORPORATION, by placing the same at the EVICTION DEFENSE COLLABORATIVE for deposit in the United States Postal Service on that date in an envelope addressed as follows: Francisco G. Torres Zanghi Torres Arshawsky LLP 703 Market Street, Suite 1600 San Francisco, CA 94103 I sealed the envelope and placed it for collection and mailing on that date following ordinary business practices, in the City and County of San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on August 13, 2010 at San Francisco, California. Proof of Service by Mail