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SUPERIOR GOURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Nov-06-2008 11:54 am
Case Number: CUD-08-627723
Filing Date: Nov-06-2008 11:51
Juke Box: 001 Image: 02308525
ANSWER
SUPER PARKING INC VS. IMELDA NEPOMUCENO et al
00102308525
Instructions:
Please place this sheet on top of the document to be scanned,
nee | ERTS peur ermcenene eeUD-105
FOR COURT USE ONLY
ATTORNEY OR PARTY WTHOUT ATTORNEY (ivare and AdSres3> TELEPHONE
Valerio Romano, SBN 241688 & Che Hashim, SBN 238565 = 415 487 1700
861 Bryant St.
San Francisco, CA 94103
-~ wm HD
cA
FB A i
attorney ror mer Imelda Nepomuceno, Fernando Gozun Superior Goutet CON ZG
Superior Court, C ty f San Franci ‘County of san FTene
aug or court: Superior Court, County of San Francisco ‘
streeraooress: 400 McAllister St. Nov 06 2008
MAILING ADORESS:
eryanozpcooe: San Francisco, CA 94102 |
BRANCH NAME: LE OS a Cle |k
puantife: Super Parking Inc.
verennant: Imelda Nepomuceno et al.
ANSWER—Unlawful Detainer
LOM A
1. Defendant (names).
Imelda Nepomuceno, Fernando Gozun
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more
then $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 (usa paragraph numbers from the complaint
or explain).
C1 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 compiaint or explain):
C2) 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 (ilem 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 property deducted the cost from the rent, and plaintiff did
not give proper credit.
c. [7] {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. (__] Plaintiff waived, changed, or canceled the notice to quit.
e. (2) Plaintit served defendant with the notice to quit or filed the complaint to retaliate against defendant.
f. [) Byserving defendant with the notice to quit or filing the comptaint, plaintiff is arbitrarily discriminating against the
defendant in viclation of the Constitution or laws of the United States or California.
g. [] Plaintitts demand for possession violates the focal rent control or eviction contro ordinance of (city or county, title
of ordinance, and date of passage):
{Also, briefly state the facts showing violalion of the ordinance in item 3j.)
h. [J Plaintiff accepted rent from defendant to cover a period of time after the date the nolice to quit expired.
[2] other affirmative defenses are stated in item 3).
pope tof
“FEST Re Cote, Sa a 0
Corer Chea ANSWER—Untawful Detainer code of Cnt Procacure, $425 1
wre counties gor
yO.168 (Rev January 1.2007]
- ere SH ET TETNov 05 08 07:39a Mer Garcia 650-991-8847 pa
-+ qa/ed/2eae 15:26 6186911312 APPARAN LéM OFFICES PASE 03/64
so
UD-ISS
mamrerevane: Super Pashiag Inc,
DEFENDANT (Name: Imelda Nepomuceno et al.-
3. AFFIRMATIVE DEFENSES (cont'd)
j Facts supporting affirmative defenses checked ebove (identify each item separately by is letter from page one}:
(1) CZ] an tre tacts ere stated in Atachment 3). (2) (7) Facts are continued in Attachment 3.
4. OTHER STATEMENTS :
a, [1 Defendant vacated tne premises on (oetey:
b. (= The ferrental vates of tha premises aiteoed in the complaint Is excessive explain}.
ce. (od Other (specity):
5, DEFENDANT REQUESTS .
a. that plahtiff take nothing requested inthe complaint =,
b. Costs incurred In this proveeding.
C reasonable etoney fees. .
4, CO) mat ptatisctbe overed to (1) make repairs and correct the conditions that constitute « breach of the warranty to provide
habitable premises and (2) recuce the moarily rent to @ reasonable rental vale until the conditions are comected.
(2) Other (specify).
Cease attempts to unlawfully the Defendant and sign a written lease as agreed to orally.
6. [2] Number of pages attached (specify: 1
UNLAWFUL DETAINER ASSISTANT (@usiness and Profeasions Code sections 8400-6415)
7. (Aust be complated in ad coses) An untawtul detamer assistant (2) did net (J did forcompansation'give advice or
assistance with ts form. (if cefencam nas received ony Inky oF advice for pay from an uniavie! detaner aseictant, ttate:
a. Assistant's name: b, Telephone No.
fe Street address, city, and 2'P:
d. County of registration: e, Registration No.: £. Expires on (date):
Imelda Nepomuceno > dradtre h Ladd ont
EON Pen wares 8 OMT are OF COrIMOWNT OR at lower)
» .
Oc
Tamera CE Oren om ATT OME
TP Ga ne BEY ”
(Eech defendant for whom this enswar is fied. must be named in flem 1 and must sign this answer unless his or her etemey signs.)
. VERIFICATION
(Use a diferent vemigoten form if the vanification Is by an aitomey or fora corporation er partrership. }
1am the defendantin this proceeding and have read this answer, I declare uncer penslty of perjury under the laws of the State of o
Cplifornig that the toregomg fs vue and correct Dae: .
+ Tmelba Wepamucemo > a nl
rTP a ST NR {sional OF DEPOT)
a
GO-T05 Ra, gammy 3 20072 ANSWER—Untawtut Detainer
Pape hot
ee see ceSuper Parking Ine v. Nepomuceno et al.
SF Superior Court Case No. CUD-08-627723
Attachment 3)
. Although Plaintiff currently has an interest in the property at 1645 Pacific Ave.
San Francisco, CA 94109, the owner of that property has informed the
Defendant’s attorney that the owner will be terminating the lease with the Plaintiff,
and lease directly to the Defendant. Therefore Plaintiff's interest will terminate
within the next 90 days, and the instant Complaint will be moot.
. Contrary to Plaintiff's assertion in Attachment 5 of the Complaint, Plaintiff's oral
agreement with the Defendant was for a 5 year lease, not a month to month
tenancy. Although this lease is oral, and seemingly violates the Statute of Frauds,
the elements of Estoppel are met, and the Plaintiff may not now allege that the
lease is a month to month tenancy.
. Contrary to the allegations in Attachment 15, Plaintiff has paid the rent on time
every month.
Super Parking Inc v. Nepomuceno et al.
SF Superior Court Case No. CUD-08-627723
Attachment 3).
- a 2 en vee em CTPROOF OF SERVICE
The undersigned declares:
I am a citizen of the United States. My business address is
861 Bryant St., San Francisco, California 94103. I am over the age
of eighteen years and not a party to the within action.
On the date set forth below, I caused a true copy of the
on Omar wn =
within motion to be served on the following parties by fax and US
Mail.
o
Answer-Unlawful Detainer, Case Number CUD-08-627723
Super Parking v. Nepomuceno et al.
= =a
nu = 3
Scott Peebles
237 Kearny St., #190
San Francisco, CA 94108
=
> w&
I declare under penalty of perjury that the foregoing is true
=
oa
and correct, and that this declaration is executed on November 6,
=
o
2008, at San Francisco, California.
NNMNHN NY NNN N SF FS =
oan oath WHY = OO DON
Preview
i SUPERIOR GOURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-06-2008 11:54 am Case Number: CUD-08-627723 Filing Date: Nov-06-2008 11:51 Juke Box: 001 Image: 02308525 ANSWER SUPER PARKING INC VS. IMELDA NEPOMUCENO et al 00102308525 Instructions: Please place this sheet on top of the document to be scanned, nee | ERTS peur ermcenene eeUD-105 FOR COURT USE ONLY ATTORNEY OR PARTY WTHOUT ATTORNEY (ivare and AdSres3> TELEPHONE Valerio Romano, SBN 241688 & Che Hashim, SBN 238565 = 415 487 1700 861 Bryant St. San Francisco, CA 94103 -~ wm HD cA FB A i attorney ror mer Imelda Nepomuceno, Fernando Gozun Superior Goutet CON ZG Superior Court, C ty f San Franci ‘County of san FTene aug or court: Superior Court, County of San Francisco ‘ streeraooress: 400 McAllister St. Nov 06 2008 MAILING ADORESS: eryanozpcooe: San Francisco, CA 94102 | BRANCH NAME: LE OS a Cle |k puantife: Super Parking Inc. verennant: Imelda Nepomuceno et al. ANSWER—Unlawful Detainer LOM A 1. Defendant (names). Imelda Nepomuceno, Fernando Gozun answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more then $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 (usa paragraph numbers from the complaint or explain). C1 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 compiaint or explain): C2) 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 (ilem 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 property deducted the cost from the rent, and plaintiff did not give proper credit. c. [7] {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. (__] Plaintiff waived, changed, or canceled the notice to quit. e. (2) Plaintit served defendant with the notice to quit or filed the complaint to retaliate against defendant. f. [) Byserving defendant with the notice to quit or filing the comptaint, plaintiff is arbitrarily discriminating against the defendant in viclation of the Constitution or laws of the United States or California. g. [] Plaintitts demand for possession violates the focal rent control or eviction contro ordinance of (city or county, title of ordinance, and date of passage): {Also, briefly state the facts showing violalion of the ordinance in item 3j.) h. [J Plaintiff accepted rent from defendant to cover a period of time after the date the nolice to quit expired. [2] other affirmative defenses are stated in item 3). pope tof “FEST Re Cote, Sa a 0 Corer Chea ANSWER—Untawful Detainer code of Cnt Procacure, $425 1 wre counties gor yO.168 (Rev January 1.2007] - ere SH ET TETNov 05 08 07:39a Mer Garcia 650-991-8847 pa -+ qa/ed/2eae 15:26 6186911312 APPARAN LéM OFFICES PASE 03/64 so UD-ISS mamrerevane: Super Pashiag Inc, DEFENDANT (Name: Imelda Nepomuceno et al.- 3. AFFIRMATIVE DEFENSES (cont'd) j Facts supporting affirmative defenses checked ebove (identify each item separately by is letter from page one}: (1) CZ] an tre tacts ere stated in Atachment 3). (2) (7) Facts are continued in Attachment 3. 4. OTHER STATEMENTS : a, [1 Defendant vacated tne premises on (oetey: b. (= The ferrental vates of tha premises aiteoed in the complaint Is excessive explain}. ce. (od Other (specity): 5, DEFENDANT REQUESTS . a. that plahtiff take nothing requested inthe complaint =, b. Costs incurred In this proveeding. C reasonable etoney fees. . 4, CO) mat ptatisctbe overed to (1) make repairs and correct the conditions that constitute « breach of the warranty to provide habitable premises and (2) recuce the moarily rent to @ reasonable rental vale until the conditions are comected. (2) Other (specify). Cease attempts to unlawfully the Defendant and sign a written lease as agreed to orally. 6. [2] Number of pages attached (specify: 1 UNLAWFUL DETAINER ASSISTANT (@usiness and Profeasions Code sections 8400-6415) 7. (Aust be complated in ad coses) An untawtul detamer assistant (2) did net (J did forcompansation'give advice or assistance with ts form. (if cefencam nas received ony Inky oF advice for pay from an uniavie! detaner aseictant, ttate: a. Assistant's name: b, Telephone No. fe Street address, city, and 2'P: d. County of registration: e, Registration No.: £. Expires on (date): Imelda Nepomuceno > dradtre h Ladd ont EON Pen wares 8 OMT are OF COrIMOWNT OR at lower) » . Oc Tamera CE Oren om ATT OME TP Ga ne BEY ” (Eech defendant for whom this enswar is fied. must be named in flem 1 and must sign this answer unless his or her etemey signs.) . VERIFICATION (Use a diferent vemigoten form if the vanification Is by an aitomey or fora corporation er partrership. } 1am the defendantin this proceeding and have read this answer, I declare uncer penslty of perjury under the laws of the State of o Cplifornig that the toregomg fs vue and correct Dae: . + Tmelba Wepamucemo > a nl rTP a ST NR {sional OF DEPOT) a GO-T05 Ra, gammy 3 20072 ANSWER—Untawtut Detainer Pape hot ee see ceSuper Parking Ine v. Nepomuceno et al. SF Superior Court Case No. CUD-08-627723 Attachment 3) . Although Plaintiff currently has an interest in the property at 1645 Pacific Ave. San Francisco, CA 94109, the owner of that property has informed the Defendant’s attorney that the owner will be terminating the lease with the Plaintiff, and lease directly to the Defendant. Therefore Plaintiff's interest will terminate within the next 90 days, and the instant Complaint will be moot. . Contrary to Plaintiff's assertion in Attachment 5 of the Complaint, Plaintiff's oral agreement with the Defendant was for a 5 year lease, not a month to month tenancy. Although this lease is oral, and seemingly violates the Statute of Frauds, the elements of Estoppel are met, and the Plaintiff may not now allege that the lease is a month to month tenancy. . Contrary to the allegations in Attachment 15, Plaintiff has paid the rent on time every month. Super Parking Inc v. Nepomuceno et al. SF Superior Court Case No. CUD-08-627723 Attachment 3). - a 2 en vee em CTPROOF OF SERVICE The undersigned declares: I am a citizen of the United States. My business address is 861 Bryant St., San Francisco, California 94103. I am over the age of eighteen years and not a party to the within action. On the date set forth below, I caused a true copy of the on Omar wn = within motion to be served on the following parties by fax and US Mail. o Answer-Unlawful Detainer, Case Number CUD-08-627723 Super Parking v. Nepomuceno et al. = =a nu = 3 Scott Peebles 237 Kearny St., #190 San Francisco, CA 94108 = > w& I declare under penalty of perjury that the foregoing is true = oa and correct, and that this declaration is executed on November 6, = o 2008, at San Francisco, California. NNMNHN NY NNN N SF FS = oan oath WHY = OO DON