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MEE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-14-2009 11:24 am
Case Number: CUD-09-629230
Filing Date: May-14-2009 11:16
Juke Box: 001 Image: 02495850
ANSWER
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE VS. VIRGINIA RUIZ et
001C02495850
Instructions:
Please place this sheet on top of the document to be scanned.UD-105
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NO. FOR COURT USE ONLY
| VIRGINIA RUIZ, IRENE RUIZ (415) 794-4181
1685 Oakdale Avenue &
San Francisco, CA 94124 § a L
or FE
ATTORNEY FOR (Name Defendants in pro. per. VA Orc D
name or court’ SUPERIOR COURT OF CALIFORNIA, S.F. COUNTY May 7 "ANciggcl®
street aooress: 400 McAllister Street, Room 103 G 44
MAILING ADDRESS: by.
cianozipcove” San Francisco, CA 94102
BRANCHNAME: Limited Jurisdiction
PiaTiFr, ~~ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
derenvant: VIRGINIA RUIZ, et al.
(CASE NUMBER,
ANSWER—Unlawful Detainer 629230
1. Defendant (names): Virginia Ruiz and Irene Ruiz
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
a. |X _] Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more
than $1,000,
b. Defendant admits that all of the statements of the complaint are true EXCEPT
(1) Defendant claims the following statements of the complaint are false (use Paragraph numbers from the complaint
or explain):
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):
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).
a. [_] (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.
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.
of ordinance, and date of passage): San Francisco Residential Rent Stabilization and Arbitration
Ordinance, June 1979, as amended.
(Also, briefly state the facts ‘showing violation of the ordinance in item 3).)
h. Plaintiff accepted rent from defendant to cover a Period of time after the date the notice to quit expired.
' CX] Other affirmative defenses are Stated in item 3).
Page 1 of 2
Form Approved by the Judicial
bh ed I Civil Code, §1940 et seq
un Bee etcetera ANSWER—Unlawtul Detainer Cote of Cu Procedure, § 25 2
LexisNexis® Automated California Judicial Council FormsUD-105
|_ PLAINTIFF (Name): DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE (CASE NUMBER:
DEFENDANT (Name): VIRGINIA RUIZ, et al. 629230
3. AFFIRMATIVE DEFENSES (cont'd)
J. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one):
(1) (37) All the facts are Stated in Attachment 3). (2) Facts are continued in Attachment 3j.
4. OTHER STATEMENTS
a. [X] Defendant vacated the Premises on (date): (see Par. 4c, below).
b. The fair rental value of the premises alleged in the complaint is excessive (explain):
©. Other (specify):
Defendants never occupied the premises identified in Paragraph 1 of the complaint.
Defendants vacated on 3/31/09 the premises identified in the three-day notice to perform covenant or quit.
5. DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
b. costs incurred in this proceeding.
c. reasonable attorney fees.
d 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. [x] Other (specify):
such other relief as the Court deems just and proper.
6. LX] Number of Pages attached (specify): |
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415)
7. (Must be completed in all 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 vA f. Expires on (date):
VIRGINIA RUIZ »
(TYPE OR PRINT NAME)
IRENE RUIZ >
(TYPE OR PRINT NAME)
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: May 14, 2009
\
VIRGINIA RUIZ » € LV
(TYPE OR PRINT NAME)
(SIGNATURE OF DEFENDANT)
UD-105 [Rev. January 1, 2007)
ANSWER—Unlawful Detainer Page 2 of 2
LexisNexis® Automated California Judicial Council FormsSFA DAM eB wNHK
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Attachment 33
CASE NAME: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE v.
RUIZ, et al.
CASE NO.: 629230
following: Plaintiff's dominant motive is not one allowed by the
Rent Ordinance and the notice to quit does not comply with the
requirements of the Rent Ordinance
3i. Other
(1) The complaint fails to allege facts sufficient to state a cause
of action.SPA DAN BR WH Le
SXYRRRPRBSkRe eee weenie
SUA MA SRE SSCREURR ESE oe
VIRGINIA RUIZ, IRENE RUIZ
1685 Oakdale Avenue
San Francisco, CA 94124
PROOF OF SERVICE BY MAIL
CASE NAME: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE v. RUIZ,
et al. CASE NO.: 629230
I, { 1 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. I am over the age
of eighteen (18) years of age and not a Party to the within action.
Iam 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 May 14, 2009, in accordance with Code of Civil Procedure
Sectio Ol3a (3), I served the following:
Answef and Jury Demand
upon PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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:
William L. Partridge, Esq.
Pite Duncan, LLP
4375 Jutland Drive
San Diego, CA 92117
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 May 14, 2009 at
San Francisco, California.
Proof of Service by Mail
Preview
MEE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-14-2009 11:24 am Case Number: CUD-09-629230 Filing Date: May-14-2009 11:16 Juke Box: 001 Image: 02495850 ANSWER DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE VS. VIRGINIA RUIZ et 001C02495850 Instructions: Please place this sheet on top of the document to be scanned.UD-105 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NO. FOR COURT USE ONLY | VIRGINIA RUIZ, IRENE RUIZ (415) 794-4181 1685 Oakdale Avenue & San Francisco, CA 94124 § a L or FE ATTORNEY FOR (Name Defendants in pro. per. VA Orc D name or court’ SUPERIOR COURT OF CALIFORNIA, S.F. COUNTY May 7 "ANciggcl® street aooress: 400 McAllister Street, Room 103 G 44 MAILING ADDRESS: by. cianozipcove” San Francisco, CA 94102 BRANCHNAME: Limited Jurisdiction PiaTiFr, ~~ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE derenvant: VIRGINIA RUIZ, et al. (CASE NUMBER, ANSWER—Unlawful Detainer 629230 1. Defendant (names): Virginia Ruiz and Irene Ruiz answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: a. |X _] Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than $1,000, b. Defendant admits that all of the statements of the complaint are true EXCEPT (1) Defendant claims the following statements of the complaint are false (use Paragraph numbers from the complaint or explain): 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): 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). a. [_] (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. 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. of ordinance, and date of passage): San Francisco Residential Rent Stabilization and Arbitration Ordinance, June 1979, as amended. (Also, briefly state the facts ‘showing violation of the ordinance in item 3).) h. Plaintiff accepted rent from defendant to cover a Period of time after the date the notice to quit expired. ' CX] Other affirmative defenses are Stated in item 3). Page 1 of 2 Form Approved by the Judicial bh ed I Civil Code, §1940 et seq un Bee etcetera ANSWER—Unlawtul Detainer Cote of Cu Procedure, § 25 2 LexisNexis® Automated California Judicial Council FormsUD-105 |_ PLAINTIFF (Name): DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE (CASE NUMBER: DEFENDANT (Name): VIRGINIA RUIZ, et al. 629230 3. AFFIRMATIVE DEFENSES (cont'd) J. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one): (1) (37) All the facts are Stated in Attachment 3). (2) Facts are continued in Attachment 3j. 4. OTHER STATEMENTS a. [X] Defendant vacated the Premises on (date): (see Par. 4c, below). b. The fair rental value of the premises alleged in the complaint is excessive (explain): ©. Other (specify): Defendants never occupied the premises identified in Paragraph 1 of the complaint. Defendants vacated on 3/31/09 the premises identified in the three-day notice to perform covenant or quit. 5. DEFENDANT REQUESTS a. that plaintiff take nothing requested in the complaint. b. costs incurred in this proceeding. c. reasonable attorney fees. d 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. [x] Other (specify): such other relief as the Court deems just and proper. 6. LX] Number of Pages attached (specify): | UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415) 7. (Must be completed in all 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 vA f. Expires on (date): VIRGINIA RUIZ » (TYPE OR PRINT NAME) IRENE RUIZ > (TYPE OR PRINT NAME) 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: May 14, 2009 \ VIRGINIA RUIZ » € LV (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT) UD-105 [Rev. January 1, 2007) ANSWER—Unlawful Detainer Page 2 of 2 LexisNexis® Automated California Judicial Council FormsSFA DAM eB wNHK 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment 33 CASE NAME: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE v. RUIZ, et al. CASE NO.: 629230 following: Plaintiff's dominant motive is not one allowed by the Rent Ordinance and the notice to quit does not comply with the requirements of the Rent Ordinance 3i. Other (1) The complaint fails to allege facts sufficient to state a cause of action.SPA DAN BR WH Le SXYRRRPRBSkRe eee weenie SUA MA SRE SSCREURR ESE oe VIRGINIA RUIZ, IRENE RUIZ 1685 Oakdale Avenue San Francisco, CA 94124 PROOF OF SERVICE BY MAIL CASE NAME: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE v. RUIZ, et al. CASE NO.: 629230 I, { 1 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. I am over the age of eighteen (18) years of age and not a Party to the within action. Iam 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 May 14, 2009, in accordance with Code of Civil Procedure Sectio Ol3a (3), I served the following: Answef and Jury Demand upon PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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: William L. Partridge, Esq. Pite Duncan, LLP 4375 Jutland Drive San Diego, CA 92117 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 May 14, 2009 at San Francisco, California. Proof of Service by Mail