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I
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-25-2010 11:40 am
Case Number: CUD-10-634278
Filing Date: Oct-25-2010 11:39
Juke Box: 001 Image: 03011878
ANSWER
LSH INVESTMENTS LLC VS. BERTA CONSUELO LOARCA-HERRERA et al
001003011878
Instructions:
Please place this sheet on top of the document to be scanned.UD-105
ATTORNEY OR PARTY WITHOUT ATTORNEY ‘(Name and Address) - TELEPHONEWO. FOR COURT USE ONLY
}. Catherine Danielson (415) 865-9203
212106 (415) 575-3132
Homeless Advocacy Project
1360 Mission Street, Suite 201
San Francisco, CA 94103
ATTORNEY FOR (Name)
Name oF court: Superior Court of California
street ADpRess:400 McAllister
MAILING ADDRESS:
crryanozipcoo:San Francisco, CA 94102
srancuname: Civil- Limited Jurisdiction
PLAINTIFF: LSH Investments, LLC
DEFENDANT: Berta Consuelo Loarca Herrera
CASE NUMBER:
ANSWER - Unlawful Detainer CUD-10-634278
1. Defendant (names) ‘Berta Consuelo Loarca Herrera
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
a. (QQ Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more
than $1,000).
b. (J 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) :
(CQ 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):
CC) 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 two (item 3)).)
al (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
bt) (nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
ct) (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. C) Plaintirt waived, changed, or canceled the notice to quit.
e. () Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
tt) 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. oO Plaintiff's 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 J.)
h. C) Plaintitt accepted rent from defendant to cover a period of time after the date the notice to quit expired.
i. (X) Other affirmative defenses are stated in item 3.
Page 1 of 2
Civil Code, § 1940 et seq.;
Jucsat Gooner Cae ia ANSWER - Unlawful Detainer Code of Civil Procetiure, § 425 42
U0D-105 fRev. January 1, 2007) www.courtinfo.ca gov
MartinD
Loarca
ESSENTIAL Foes"UD-105
PLAINTIFF (Name): LSH Investments, LLC E NUMBER:
CUD-10-634278
[DEFENDANT (Name) Berta Consuelo Loarca Herrera
3. AFFIRMATIVE DEFENSES (cont'd)
j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one):
(1) [) Allthe facts are stated in Attachment 3j. (2) () Facts are continued in Attachment 3.
4. OTHER STATEMENTS
a. (.) Defendant vacated the premises on (date) :
b. CL) The fair rental value of the premises alleged in the complaint is excessive(explain) :
c. C) Other (specify) :
5. DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
b. costs incurred in this proceeding.
c. () reasonable attorney fees.
d. Q 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. C) other (specify) :
6. LL) Number of pages attached (specify) :
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-641 5)
7. (Must be completed in all cases) An unlawful detainer assistant CD did not CO 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.: f. Expires on (date) :
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
(Each defendant for whom this answer is 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 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: 10-22-2010
Berta. Consuelo Loarca-Herrera es > bute Sece [Y
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)
UD-105 we 1, 2007} Pi 2of2
eee aanvary + 20071 ANSWER - Unlawful Detainer aoe
ESSENTIAL FORMS" LoarcaAttachment 3).
1. x Plaintiff is not the Real Party in Interest and thus does not have standing to pursue this
action against defendant.
2. x Plaintiff is not the holder of both the deed of trust and of the underlying note for the
mortgage to the property in question and is thus not the Real Party in Interest.
3. X Plaintiff is not the Real Party In Interest as he/she committed fraud in taking title to the
subject property and is thus not the valid owner of record.
4. x Prior to pursuing foreclosure and this Unlawful Detainer action, Plaintiff failed to take
required loss mitigation steps per the terms of the securitization pooling agreement of which the
underlying mortgage loan is a part.
5. x Prior to pursuing foreclosure and this Unlawful Detainer action, Plaintiff failed to take
required loss mitigation steps per the related loan servicing agreement, and/or Fannie Mae,
Freddie Mac and/or other servicing contracts or programs of which the underlying loan note is a
part.
6. Xlaintitt has failed to properly serve a Notice of Default, and thus the underlying attempted
foreclosure and resulting Unlawful Detainer are invalid.
7. Xx Plaintiff has failed to properly serve a Notice of Trustee’s Sale, and thus the underlying
attempted foreclosure and resulting Unlawful Detainer are invalid.
8. etainttt has failed to abide by a an agreed-upon repayment plan and/or other work-out
agreement for the underlying mortgage loan and thus was not entitled to pursue either a
foreclosure or an Unlawful Detainer action.
9. APlaintiff's request for possession should be denied because of failure to comply with Civil
Code 2923.5.
10.X Plaintiff's request for possession should be denied because of failure to comply with the
federal Protecting Tenants at Foreclosure Act of 2009.27
28
Y YS
CATHERINE DANIELSON, SBN 212106
HOMELESS ADVOCACY PROJECT
1360 Mission St., Ste.201
San Francisco, CA 94103
Phone: (415) 865-9211
Fax: (415) 575-3132
Attorney for Defendant, Berta Consuelo Loarca-Herrera
PROOF OF SERVICE
CASE NAME: LSH Investments, LLC v. Berta Consuelo Loarca-Herrera
CASE NO.: CUD-10-634278
I, Catherine 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 October 25, 2010, I served the following:
Defendant Berta Consuelo Loarca-Hererra's answer
Upon Plaintiff, LSH Investments, LLC by faxing and mailing the
aforementioned to Plaintiff's attorneys: Jonathan Bornstein, 507 Polk
Street, Suite 320, San Francisco, CA 94102-3339
I declare under penalty of perjury that the foregoing is true and
correct and that this declaration was executed on October 25, 2010 at
San Francisco, California.
& ‘ CIA
Catheri anielson
PROOF OF SERVICE
Preview
I SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-25-2010 11:40 am Case Number: CUD-10-634278 Filing Date: Oct-25-2010 11:39 Juke Box: 001 Image: 03011878 ANSWER LSH INVESTMENTS LLC VS. BERTA CONSUELO LOARCA-HERRERA et al 001003011878 Instructions: Please place this sheet on top of the document to be scanned.UD-105 ATTORNEY OR PARTY WITHOUT ATTORNEY ‘(Name and Address) - TELEPHONEWO. FOR COURT USE ONLY }. Catherine Danielson (415) 865-9203 212106 (415) 575-3132 Homeless Advocacy Project 1360 Mission Street, Suite 201 San Francisco, CA 94103 ATTORNEY FOR (Name) Name oF court: Superior Court of California street ADpRess:400 McAllister MAILING ADDRESS: crryanozipcoo:San Francisco, CA 94102 srancuname: Civil- Limited Jurisdiction PLAINTIFF: LSH Investments, LLC DEFENDANT: Berta Consuelo Loarca Herrera CASE NUMBER: ANSWER - Unlawful Detainer CUD-10-634278 1. Defendant (names) ‘Berta Consuelo Loarca Herrera answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: a. (QQ Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than $1,000). b. (J 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) : (CQ 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): CC) 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 two (item 3)).) al (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. bt) (nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. ct) (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. C) Plaintirt waived, changed, or canceled the notice to quit. e. () Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant. tt) 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. oO Plaintiff's 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 J.) h. C) Plaintitt accepted rent from defendant to cover a period of time after the date the notice to quit expired. i. (X) Other affirmative defenses are stated in item 3. Page 1 of 2 Civil Code, § 1940 et seq.; Jucsat Gooner Cae ia ANSWER - Unlawful Detainer Code of Civil Procetiure, § 425 42 U0D-105 fRev. January 1, 2007) www.courtinfo.ca gov MartinD Loarca ESSENTIAL Foes"UD-105 PLAINTIFF (Name): LSH Investments, LLC E NUMBER: CUD-10-634278 [DEFENDANT (Name) Berta Consuelo Loarca Herrera 3. AFFIRMATIVE DEFENSES (cont'd) j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one): (1) [) Allthe facts are stated in Attachment 3j. (2) () Facts are continued in Attachment 3. 4. OTHER STATEMENTS a. (.) Defendant vacated the premises on (date) : b. CL) The fair rental value of the premises alleged in the complaint is excessive(explain) : c. C) Other (specify) : 5. DEFENDANT REQUESTS a. that plaintiff take nothing requested in the complaint. b. costs incurred in this proceeding. c. () reasonable attorney fees. d. Q 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. C) other (specify) : 6. LL) Number of pages attached (specify) : UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-641 5) 7. (Must be completed in all cases) An unlawful detainer assistant CD did not CO 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.: f. Expires on (date) : (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) (Each defendant for whom this answer is 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 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: 10-22-2010 Berta. Consuelo Loarca-Herrera es > bute Sece [Y (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT) UD-105 we 1, 2007} Pi 2of2 eee aanvary + 20071 ANSWER - Unlawful Detainer aoe ESSENTIAL FORMS" LoarcaAttachment 3). 1. x Plaintiff is not the Real Party in Interest and thus does not have standing to pursue this action against defendant. 2. x Plaintiff is not the holder of both the deed of trust and of the underlying note for the mortgage to the property in question and is thus not the Real Party in Interest. 3. X Plaintiff is not the Real Party In Interest as he/she committed fraud in taking title to the subject property and is thus not the valid owner of record. 4. x Prior to pursuing foreclosure and this Unlawful Detainer action, Plaintiff failed to take required loss mitigation steps per the terms of the securitization pooling agreement of which the underlying mortgage loan is a part. 5. x Prior to pursuing foreclosure and this Unlawful Detainer action, Plaintiff failed to take required loss mitigation steps per the related loan servicing agreement, and/or Fannie Mae, Freddie Mac and/or other servicing contracts or programs of which the underlying loan note is a part. 6. Xlaintitt has failed to properly serve a Notice of Default, and thus the underlying attempted foreclosure and resulting Unlawful Detainer are invalid. 7. Xx Plaintiff has failed to properly serve a Notice of Trustee’s Sale, and thus the underlying attempted foreclosure and resulting Unlawful Detainer are invalid. 8. etainttt has failed to abide by a an agreed-upon repayment plan and/or other work-out agreement for the underlying mortgage loan and thus was not entitled to pursue either a foreclosure or an Unlawful Detainer action. 9. APlaintiff's request for possession should be denied because of failure to comply with Civil Code 2923.5. 10.X Plaintiff's request for possession should be denied because of failure to comply with the federal Protecting Tenants at Foreclosure Act of 2009.27 28 Y YS CATHERINE DANIELSON, SBN 212106 HOMELESS ADVOCACY PROJECT 1360 Mission St., Ste.201 San Francisco, CA 94103 Phone: (415) 865-9211 Fax: (415) 575-3132 Attorney for Defendant, Berta Consuelo Loarca-Herrera PROOF OF SERVICE CASE NAME: LSH Investments, LLC v. Berta Consuelo Loarca-Herrera CASE NO.: CUD-10-634278 I, Catherine 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 October 25, 2010, I served the following: Defendant Berta Consuelo Loarca-Hererra's answer Upon Plaintiff, LSH Investments, LLC by faxing and mailing the aforementioned to Plaintiff's attorneys: Jonathan Bornstein, 507 Polk Street, Suite 320, San Francisco, CA 94102-3339 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on October 25, 2010 at San Francisco, California. & ‘ CIA Catheri anielson PROOF OF SERVICE