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In
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-29-2008 3:42 pm
Case Number: CUD-08-627634
Filing Date: Oct-29-2008 3:42
_ Juke Box: 001 Image: 02300199
ANSWER
MARIO CASTRO VS. ANTONIO GARCIA
001002300199
Instructions:
Please place this sheet on top of the document to be scanned.“
co
UD-105
EY 08 PARTY WITHOUT ATINENEY [Name and Adress FOR COURT USE ONLY
"ANTONIO GARCIA
1091 Bush Street, #316
San Francisco, CA 94109
attorney For Nemes: Defendant in pro. per.
waweor court; SUPERIOR COURT OF CALIFORNIA, S.F. COUNTY
streetaporess: 400 McAllister Street, Room 103
MAILING ADDRESS:
crryanozecore: San Francisco, CA 94102
erancuname: Limited Jurisdiction
PLAINTIFF: MARIO R. CASTRO
verenoant:; ANTONIO GARCIA, et al.
1. Defendant (names): Antonio Garcia
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
a. [7] Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more
than $1,000. S
b. [7] 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 explai
in):
1, 6,7, 10, 11,14
1 Continued on Attachment 2b (1). /
{2) Defendant has no information or betief that the following statements of the complaint are true, so defendant denies
them (use paragraph numbers from the complaint or explain):
2,4, 5, 8, 13
(5 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. [3] (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
b. [J (nonpayment of rent only} Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
¢. [[_] (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.
(1) 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. (2) 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): San Francisco Residential Rent Stabilization and Arbitration
Ordinance, June 1979, as amended
(Also, briefly state the facts showing violation of the ordinance in item 3j.}
h. (1 Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
i. (3C] other affirmative defenses are stated in item 3).
roe
Page ot?
Form Aoprored by the Judioat Gerd Code, §1940 wt 60a.:
0 Bae Co on ANSWER—Unlawful Detainer Code of Cal tracery $425 12
LexisNexis® Automated California Judicial Council Forms
TT“
oO
UD-105
CASE NUMBER:
DEFENDANT (Name): ANTONIO GARCIA, et al. 627634
3. AFFIRMATIVE DEFENSES (cont'd) .
j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one):
~
(1) (57) All the facts are stated In Attachment 3}. (2) [-) Facts are continued in Attachment 3).
4, OTHER STATEMENTS :
a. [] Defendant vacated the premises on (date):
b. (Xx) The fair rental value of the premises alleged in the complaint is excessive (explain):
due to the above defects and breach of the covenant of quiet enjoyment
c. DX) 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 compfaint.
b. costs incurred in this proceeding.
c. LX] reasonable attomey fees. Gf op p) i cal \e)
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.
e. LX] Other (specify):
such other relief as the Court deems just and proper
6. [X] Number of pages attached (specify): 1
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415)
7. (Must be completed in all cases) An untawful detainer assistant [X] did not ([] did for compensation give advice or
assistance with this form. (if defendant has recelved any help or advice for pay from an unlawtul detainer assistant, state:
a. Assistant's name: b. Telephone No.:
¢. Street address, city, and ZIP:
d. County of registration: é. Registration No.: £. Expires on (date):
ANTONIO GARCIA
(TPE OR PRINT RAMEY TSIGAATURE OF DEFENDANT OR ATTORNEY?
(TYPE OR PRINT MAME), (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 attomey signs.)
VERIFICATION
(Use a different verification form if the verification is by an attomey or fora
lam the defendant in this proceeding and have read this answer. | declare under penalty of
California that the foregoing is true and correct. Date:October 29, 2008
tion or partnership. )
jury under the laws of the State of
ANTONIO GARCIA »
‘CTYPE On PRINT WANE) (SIGNATURE OF DEFENDANT)
a
UD-105 (Rev, January 1.20071 ANSWER—Unlawful Detainer Page 2012
LexisNexis® Automated California Judicial Council Formswma nn hw nN =
eM NN NNN NN = =| = SOS OS
con AM BR weWN eK COMA AUN WN = SO YO
Attachment 33
CASE NAME: CASTRO v. GARCIA, et al.
CASE NO.: 627634
3a. Defects exist at the premises including, but not limited to,
the following: cracks; holes in walls, including places underneath
the sink; floors in disrepair; windows leak air, do not seal, and
do not open properly; gaps around doors; inadequate trash
receptacles/collection; common areas unclean; defective appliances;
no secure mail receptacle; inadequate hot water. Plaintiff has had
actual and/or constructive notice of the defects but has failed to
make needed repairs.
3g. The subject premises are subject to the San Francisco
Residential Rent Stabilization and Arbitration Ordinance and
Plaintiff has failed to comply with the requirements of the Rent
Ordinance in ways that include but are not limited to the
following: Services have been decreased without a corresponding
decrease in rent.
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 and breached the covenant of quiet enjoyment.
(2) The complaint fails. to allege facts sufficient to state a cause
of action.
(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.
(5) Plaintiff's claim for daily damages is not proper as damages
are requested prior to alleged service of the notice.want nauk WD N =
— me
= &
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N
Ny NM NN NN NN NS = Se SE OS
ean anawn kh WN eB OHO DAA MN BR W
ANTONIO GARCIA
1091 Bush Street, #316
San Francisco, CA 94109
PROOF OF SERVICE BY MAIL
CASE NAME: CASTRO v. GARCIA, et al.
CASE NO.: 627634
I, f yet t. Let ecurle dy) , 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.
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 October. 29, 2008, in accordance with Code of Civil Procedure
Sectio O013a (3), I served the following:
upon PLAINTIFF MARIO R. CASTRO, 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:
GUADALUPE GAMINO
1169 Howard, #204
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 October 29,
2008 at San Francisco, California.
Proof of Service by Mail
Preview
In SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-29-2008 3:42 pm Case Number: CUD-08-627634 Filing Date: Oct-29-2008 3:42 _ Juke Box: 001 Image: 02300199 ANSWER MARIO CASTRO VS. ANTONIO GARCIA 001002300199 Instructions: Please place this sheet on top of the document to be scanned.“ co UD-105 EY 08 PARTY WITHOUT ATINENEY [Name and Adress FOR COURT USE ONLY "ANTONIO GARCIA 1091 Bush Street, #316 San Francisco, CA 94109 attorney For Nemes: Defendant in pro. per. waweor court; SUPERIOR COURT OF CALIFORNIA, S.F. COUNTY streetaporess: 400 McAllister Street, Room 103 MAILING ADDRESS: crryanozecore: San Francisco, CA 94102 erancuname: Limited Jurisdiction PLAINTIFF: MARIO R. CASTRO verenoant:; ANTONIO GARCIA, et al. 1. Defendant (names): Antonio Garcia answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: a. [7] Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than $1,000. S b. [7] 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 explai in): 1, 6,7, 10, 11,14 1 Continued on Attachment 2b (1). / {2) Defendant has no information or betief that the following statements of the complaint are true, so defendant denies them (use paragraph numbers from the complaint or explain): 2,4, 5, 8, 13 (5 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. [3] (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. b. [J (nonpayment of rent only} Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. ¢. [[_] (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. (1) 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. (2) 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): San Francisco Residential Rent Stabilization and Arbitration Ordinance, June 1979, as amended (Also, briefly state the facts showing violation of the ordinance in item 3j.} h. (1 Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. i. (3C] other affirmative defenses are stated in item 3). roe Page ot? Form Aoprored by the Judioat Gerd Code, §1940 wt 60a.: 0 Bae Co on ANSWER—Unlawful Detainer Code of Cal tracery $425 12 LexisNexis® Automated California Judicial Council Forms TT“ oO UD-105 CASE NUMBER: DEFENDANT (Name): ANTONIO GARCIA, et al. 627634 3. AFFIRMATIVE DEFENSES (cont'd) . j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one): ~ (1) (57) All the facts are stated In Attachment 3}. (2) [-) Facts are continued in Attachment 3). 4, OTHER STATEMENTS : a. [] Defendant vacated the premises on (date): b. (Xx) The fair rental value of the premises alleged in the complaint is excessive (explain): due to the above defects and breach of the covenant of quiet enjoyment c. DX) 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 compfaint. b. costs incurred in this proceeding. c. LX] reasonable attomey fees. Gf op p) i cal \e) 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. e. LX] Other (specify): such other relief as the Court deems just and proper 6. [X] Number of pages attached (specify): 1 UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415) 7. (Must be completed in all cases) An untawful detainer assistant [X] did not ([] did for compensation give advice or assistance with this form. (if defendant has recelved any help or advice for pay from an unlawtul detainer assistant, state: a. Assistant's name: b. Telephone No.: ¢. Street address, city, and ZIP: d. County of registration: é. Registration No.: £. Expires on (date): ANTONIO GARCIA (TPE OR PRINT RAMEY TSIGAATURE OF DEFENDANT OR ATTORNEY? (TYPE OR PRINT MAME), (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 attomey signs.) VERIFICATION (Use a different verification form if the verification is by an attomey or fora lam the defendant in this proceeding and have read this answer. | declare under penalty of California that the foregoing is true and correct. Date:October 29, 2008 tion or partnership. ) jury under the laws of the State of ANTONIO GARCIA » ‘CTYPE On PRINT WANE) (SIGNATURE OF DEFENDANT) a UD-105 (Rev, January 1.20071 ANSWER—Unlawful Detainer Page 2012 LexisNexis® Automated California Judicial Council Formswma nn hw nN = eM NN NNN NN = =| = SOS OS con AM BR weWN eK COMA AUN WN = SO YO Attachment 33 CASE NAME: CASTRO v. GARCIA, et al. CASE NO.: 627634 3a. Defects exist at the premises including, but not limited to, the following: cracks; holes in walls, including places underneath the sink; floors in disrepair; windows leak air, do not seal, and do not open properly; gaps around doors; inadequate trash receptacles/collection; common areas unclean; defective appliances; no secure mail receptacle; inadequate hot water. Plaintiff has had actual and/or constructive notice of the defects but has failed to make needed repairs. 3g. The subject premises are subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance and Plaintiff has failed to comply with the requirements of the Rent Ordinance in ways that include but are not limited to the following: Services have been decreased without a corresponding decrease in rent. 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 and breached the covenant of quiet enjoyment. (2) The complaint fails. to allege facts sufficient to state a cause of action. (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. (5) Plaintiff's claim for daily damages is not proper as damages are requested prior to alleged service of the notice.want nauk WD N = — me = & —_ N Ny NM NN NN NN NS = Se SE OS ean anawn kh WN eB OHO DAA MN BR W ANTONIO GARCIA 1091 Bush Street, #316 San Francisco, CA 94109 PROOF OF SERVICE BY MAIL CASE NAME: CASTRO v. GARCIA, et al. CASE NO.: 627634 I, f yet t. Let ecurle dy) , 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. 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 October. 29, 2008, in accordance with Code of Civil Procedure Sectio O013a (3), I served the following: upon PLAINTIFF MARIO R. CASTRO, 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: GUADALUPE GAMINO 1169 Howard, #204 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 October 29, 2008 at San Francisco, California. Proof of Service by Mail