Preview
UD-1 05
'-'
ATTORNEY OR PARTY WITHOUT ATTORNEY
LRS ilf(JIG'riJ STATE BAR NO.:
FOR COURT USE ONLY
ADDRESS. (t) ( l4( R +~ 6&+( ~
~g f r qV4r F g Q IE Q
@77
~
CrrY. V sTATE: zIPDDIIE:
EapIAIL ADDRESS (Opfionalp TELEPHONE NO.(g5) SAN MAT50 QOUNTY
ATTORNEY FOR (Namel FAX No. (Opaonell
I JU> 5 5 )III)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ~4ctn
sTREETADDREss: 4 lnP cfuARQ rsssIPET
(
r ClotheOL Qllpfit QOllfl
MAILINGADDRESS
Ik
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF
DEFENDANT:
~ 0~+ fk IrI, ~~+ J ~~ r
ANSWER —UNLAWFULDETAINER
1. Defendant (each defendant for whom this answeris ifled mus be nam and must sign this answer unless his or her attorney
signs): (ZD
answers the complaint as follows:
2.
a. ~
Check ONLY ONE of the next two boxes:
Defendant
than
generally
$ 1,000.)
denies each statement of thecomplaint. (Do not check this box ifthe complaint demands more
Defendant admits that all of the
statements of the complaint aretrueEXCEPT:
(1) Defendant claims the following statements of theco~mlaint are false(stateparagraph numbers from thecomplaint
r explainbelow or on form MC-025): Explanation is on MC-025, titled asAttachfnent 2b(1).
4rralfgt(rI.I L/ I, i(III, Ig, 8
(2) Defendant has of the
no information or belief that the following statements complaint are true,so defendant denies
them (stateparagraph numbers from the complaint or explainbelow or on form MC-025):
Exp nation is on MC-025, titled asAttachment 2b(2).
d'rJ yak I
II
3. AFFIRMATIVEDEFENSES (NOTE: For each box checked, you must state to supportitinitem
brief facts 3k (top of page
~
2).)
a.
b. ~ (nonpayment
(nonpayment
of rent only) Plaintiff has
of rent only) Defendant
breached
made
the warranty
needed repairs
to provide
and
habitable
properly deducted
premises.
the costfrom the rent,and plaintiff did
c. ~ not give proper credit.
(nonpayment of rent only) On(date): before the noticeto pay or quit expired,
defendant
d. ~
~
offered the rent due
Plaintiff waived,
but plaintiff would not accept
changed, or canceled the
it.
notice to quit.
e.
f. ~ By serving
defendant
Plaintiff served
defendant
with the
with the
notice to quit or filed the complaint to retaliate
notice to quit or filing the
complaint,
against defendant.
plaintiff is arbitrarily discriminating
againstthe
g. ~ defendant in violation of the
Plaintiffs demand
ordinance, and
Constitution
for possession
date of passage):
violates
orthe
the
laws ofthe United States or California.
local rent control or eviction control ordinance title of
of (city or county,
in item 3k the facts showing
(Also, briefly state violation of the
ordinance.)
Plaintiff acceptedrent from defendant to cover a periodof time after the
date the notice to quit expired.
to evict defendant
Plaintiff seeks based on actsagainst defendant or a member of defendant's household that constitute
domestic violence,sexual assault, or stalking.
(A temporary restrainingorder, protectiveorder, or police report not more
than 180 days old is requirednaming you or your household member as the protected party or avictim of these
cnmes.)
Other affirmative defenses are stated in item 3k.
of 2
Page1
Form Approved for Opfsonal Use
Councs of CahfomEs
Judsaal
UO-105 IRev. JenuarY
1, 2012)
ANSWER —UNLAWFULDETAINER Csril Code, E 1940 ei seq,
Code of Cnsl Procedure.
9 425 12. E 1161 ei seq
svsvsv cozzlfs cs gov
UD-105
CASE NUMBER:
C(5
3. AFFIRMATIVEDEFENSES (cont'd)
k. Facts supporting affirmative defenses checked above byits letter from page
(identify facts for eachitem 1 below or
on form MC-025):
Description of facts
is on MC-025, titled asAttachment 3k.
4.
a.
b.
~
OTHER STATEMENTS
~
Defendant
The
vacated
value
fair rental
the premises
of the
on (date):
premises alleged in the complaint is excessive(explain below or on form MC-025):
Explanation is onMC-025, titled Attachment 4b.
uq jlrg)IAIYR
C. Other (specify be ow or on form MC-025in attachment):
Other atements are on C-025, titled asttachment 4c.
5. DEFENDANT REQUESTS
a. thatplaintiff take
nothing requested in thecomplaint.
b.
c.
d.
~
costs incurred
that
in this proceeding.
reasonable attorneyfees.
ordered
plaintiff be to (1) make repairsand correct the conditionsthat constitutea breach of the warrantyto provide
habitable premises and (2) reduce the monthly rent to a reasonablerentalvalue until the
conditions arecorrected.
(specify below oron form MC-025):
~
e. [gg Other
-4
6. Number of pages attached:
7. (Must be
assistance
UNLAWFULDETAINER ASSISTANT (Bus.
completed in all cases.) An unlawful detainer
with this form. (Ifdefendanthas received
assistant ~
& Prof. Code
any help or advice
Q 6400
did not ~—
for pay from an
6415)
did for compensation
unlawful detainer
give advice
state:
assistant,
or
a. Assistant's name: b. Telephone No.:
c. Street address, city, andzip code:
d. County of registration: e. RegistrationNo.: f. Expireson (date)
(Each defendant for whom this answer is filed must be named in item1 and must sign this answer u'nless is or her attorney
signs.)
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
VERIFICATION
(Use adifferent verification formifthe ven'ficationis
by an attorneyor fora corporation or partnership)
I am the defendant in this proceedingand have read this answer.I declareunder penaltyof perju er the la of the State
of
California that the
foregoing is true andcorrect.Date:
(TYPE OR PRINT NAME) (SIGNATURE O~NDANT)
UD-105 (Rea I, 2012)
January
ANSWER —UNLAWFULDE+TINER Page 2 of 2
Attachment 33 to Answer (page 1) —Unlawful Detainer
Case No.
Substandard Conditions and Code Violations: The property has been subject to the
ol]ovling substandard conditions that give rise to the defenses set forth iri this Answer:
Defective Walls, Floorine, or Weather Protection:
Wmdows'Doors leak < Ceiling leaks Damp walls or ceiling
Holes in walls or ceiling ? eeling paint Falling plaster)dry wall
~lvlold or mildew Broken windows Missing window screens
Doors or windows lack requued locks or are otherwise not secure
Flooring (carpet, linoleum, hardwood, etc ) in dangerous condition
Other
Defective Plumbine (Water suDDlv, Gas. or Sewage Svstem):
Leaking pipes for: water gas sewage
Drains clogged in: kitchen sink bathroom sink g tub(shower
Toilet defective: clogged will not flush leaks overflows
Lack of hot/cold running water: bathroom kitchen other room
Sewageiwaste water backs up in: bathroom kitchen other room
Unsafe hot water poses risking of scalding
Other:
Defective Electrical Wiring, Outlets, Lighting or Appliances
Lights do not work Light switches do not work
Outletshplugs do not work Dangerous or exposed wiring
Outlets, plugs and>or switches lack safe cover plates
Stove)oven does not work Other appliance does not work:
Other:
Defective Heating
Heater does not work, does not produce heat Insufficient or inconsistent heat
Heating system is unsafe - A,ir conditioning provided but does not work
Unsafe and Unsanitary Conditions in Unit or, Common Areas
Pests(Vermin. Roaches Rats 1vhce Termites
Mold(Mildew: living room[s] bedroom[s] kitchen bathroom[s]
Trash receptacles: inadequate unsanitary not emptied often enough
Stairs or railings unsafe and)or broken Unsafe walkways-tripping hazards
Inadequate lighting Inadequate security for conditions
Smoke detectors missing or defective
Building[s] not properly maintained:
Other
i 3.a. Landlord has breached the warranty to provide habitable premises Any
failure to pay rent under the rental agreement was justified because the landlord failed to
repair or remedy the specified conditions, despite knowledge of the needed repairs.
3.b.
because
Repair
repairs
&J)educt
of the defective
Mxfendant[s]
conditions
do not
specified
~ the
above
rent
were
demanded
made and
in the
paid
notice
for by
Defendant[s] and were, or should be, deducted from the rent owed Landlord was aware of
the need for the repairs and failed to adequately or timely make the repairs.
Attachment 3J to Answer —Unlawful Betainer
case NO. 4 gh+B
3 i(A) Th 3-Day Notice is defective and unlawful because:
{l) It demanded more rent than I (we) owed when it was served.
(2) It was not stated in the alternative to pay or quit.
(3) It did not adequately describe the address of the premises.
(4) It was served before the rent was late.
(5) It demanded rent more than one year past due.
(6) It was based on an alleged violation of the lease, but did not give the
required opportunity to cure the breach.
(7) It was not served in the manner required by law.
(8) It includes a late charge or other improper charges that are not rent.
(9) lt did not state the address and phone number for the person to pay, or
the days and time for payment to cure the breach.
(10) It did not comply with applicable provisions of state or federal law.
3.i (8) The 30-day notice was improper because:
(l) It did not give 30 days after service to vacate;
(2) It did not unequivocally demand possession of the unit;
(3) It was not served in the manner required by law;
(4) Defendants have held their tenancy for longer than one year and are
entitled to a 60 day notice terminating the tenancy.
(5) It did not comply with applicable provisions of federal or state law;
3.i (C) The complaint for unlawful detainer was filed in court before the date the termination
or eviction notice expired; there was no unlawful detainer committed at that time.
3.i(D) Plaintiff failed to serve defendant with prior written notice that the alleged conduct
would be grounds for termination of the tenancy. Plaintiff has, in prior months,
permitted the same conduct that is now the basis for eviction.
3.i (E) This case was filed by an agent of the owner who is not the real party in interest and is
not authorized to bring this action. CCP (367.
3.i {F) Plaintiff is a corporation, or other business entity, and is not represented by an attorney.
A corporation, or other business entity, cannot represent itself.
U 3.i (G) Other:
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UD-1 05 '-' ATTORNEY OR PARTY WITHOUT ATTORNEY LRS ilf(JIG'riJ STATE BAR NO.: FOR COURT USE ONLY ADDRESS. (t) ( l4( R +~ 6&+( ~ ~g f r qV4r F g Q IE Q @77 ~ CrrY. V sTATE: zIPDDIIE: EapIAIL ADDRESS (Opfionalp TELEPHONE NO.(g5) SAN MAT50 QOUNTY ATTORNEY FOR (Namel FAX No. (Opaonell I JU> 5 5 )III) SUPERIOR COURT OF CALIFORNIA, COUNTY OF ~4ctn sTREETADDREss: 4 lnP cfuARQ rsssIPET ( r ClotheOL Qllpfit QOllfl MAILINGADDRESS Ik CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF DEFENDANT: ~ 0~+ fk IrI, ~~+ J ~~ r ANSWER —UNLAWFULDETAINER 1. Defendant (each defendant for whom this answeris ifled mus be nam and must sign this answer unless his or her attorney signs): (ZD answers the complaint as follows: 2. a. ~ Check ONLY ONE of the next two boxes: Defendant than generally $ 1,000.) denies each statement of thecomplaint. (Do not check this box ifthe complaint demands more Defendant admits that all of the statements of the complaint aretrueEXCEPT: (1) Defendant claims the following statements of theco~mlaint are false(stateparagraph numbers from thecomplaint r explainbelow or on form MC-025): Explanation is on MC-025, titled asAttachfnent 2b(1). 4rralfgt(rI.I L/ I, i(III, Ig, 8 (2) Defendant has of the no information or belief that the following statements complaint are true,so defendant denies them (stateparagraph numbers from the complaint or explainbelow or on form MC-025): Exp nation is on MC-025, titled asAttachment 2b(2). d'rJ yak I II 3. AFFIRMATIVEDEFENSES (NOTE: For each box checked, you must state to supportitinitem brief facts 3k (top of page ~ 2).) a. b. ~ (nonpayment (nonpayment of rent only) Plaintiff has of rent only) Defendant breached made the warranty needed repairs to provide and habitable properly deducted premises. the costfrom the rent,and plaintiff did c. ~ not give proper credit. (nonpayment of rent only) On(date): before the noticeto pay or quit expired, defendant d. ~ ~ offered the rent due Plaintiff waived, but plaintiff would not accept changed, or canceled the it. notice to quit. e. f. ~ By serving defendant Plaintiff served defendant with the with the notice to quit or filed the complaint to retaliate notice to quit or filing the complaint, against defendant. plaintiff is arbitrarily discriminating againstthe g. ~ defendant in violation of the Plaintiffs demand ordinance, and Constitution for possession date of passage): violates orthe the laws ofthe United States or California. local rent control or eviction control ordinance title of of (city or county, in item 3k the facts showing (Also, briefly state violation of the ordinance.) Plaintiff acceptedrent from defendant to cover a periodof time after the date the notice to quit expired. to evict defendant Plaintiff seeks based on actsagainst defendant or a member of defendant's household that constitute domestic violence,sexual assault, or stalking. (A temporary restrainingorder, protectiveorder, or police report not more than 180 days old is requirednaming you or your household member as the protected party or avictim of these cnmes.) Other affirmative defenses are stated in item 3k. of 2 Page1 Form Approved for Opfsonal Use Councs of CahfomEs Judsaal UO-105 IRev. JenuarY 1, 2012) ANSWER —UNLAWFULDETAINER Csril Code, E 1940 ei seq, Code of Cnsl Procedure. 9 425 12. E 1161 ei seq svsvsv cozzlfs cs gov UD-105 CASE NUMBER: C(5 3. AFFIRMATIVEDEFENSES (cont'd) k. Facts supporting affirmative defenses checked above byits letter from page (identify facts for eachitem 1 below or on form MC-025): Description of facts is on MC-025, titled asAttachment 3k. 4. a. b. ~ OTHER STATEMENTS ~ Defendant The vacated value fair rental the premises of the on (date): premises alleged in the complaint is excessive(explain below or on form MC-025): Explanation is onMC-025, titled Attachment 4b. uq jlrg)IAIYR C. Other (specify be ow or on form MC-025in attachment): Other atements are on C-025, titled asttachment 4c. 5. DEFENDANT REQUESTS a. thatplaintiff take nothing requested in thecomplaint. b. c. d. ~ costs incurred that in this proceeding. reasonable attorneyfees. ordered plaintiff be to (1) make repairsand correct the conditionsthat constitutea breach of the warrantyto provide habitable premises and (2) reduce the monthly rent to a reasonablerentalvalue until the conditions arecorrected. (specify below oron form MC-025): ~ e. [gg Other -4 6. Number of pages attached: 7. (Must be assistance UNLAWFULDETAINER ASSISTANT (Bus. completed in all cases.) An unlawful detainer with this form. (Ifdefendanthas received assistant ~ & Prof. Code any help or advice Q 6400 did not ~— for pay from an 6415) did for compensation unlawful detainer give advice state: assistant, or a. Assistant's name: b. Telephone No.: c. Street address, city, andzip code: d. County of registration: e. RegistrationNo.: f. Expireson (date) (Each defendant for whom this answer is filed must be named in item1 and must sign this answer u'nless is or her attorney signs.) (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) VERIFICATION (Use adifferent verification formifthe ven'ficationis by an attorneyor fora corporation or partnership) I am the defendant in this proceedingand have read this answer.I declareunder penaltyof perju er the la of the State of California that the foregoing is true andcorrect.Date: (TYPE OR PRINT NAME) (SIGNATURE O~NDANT) UD-105 (Rea I, 2012) January ANSWER —UNLAWFULDE+TINER Page 2 of 2 Attachment 33 to Answer (page 1) —Unlawful Detainer Case No. Substandard Conditions and Code Violations: The property has been subject to the ol]ovling substandard conditions that give rise to the defenses set forth iri this Answer: Defective Walls, Floorine, or Weather Protection: Wmdows'Doors leak < Ceiling leaks Damp walls or ceiling Holes in walls or ceiling ? eeling paint Falling plaster)dry wall ~lvlold or mildew Broken windows Missing window screens Doors or windows lack requued locks or are otherwise not secure Flooring (carpet, linoleum, hardwood, etc ) in dangerous condition Other Defective Plumbine (Water suDDlv, Gas. or Sewage Svstem): Leaking pipes for: water gas sewage Drains clogged in: kitchen sink bathroom sink g tub(shower Toilet defective: clogged will not flush leaks overflows Lack of hot/cold running water: bathroom kitchen other room Sewageiwaste water backs up in: bathroom kitchen other room Unsafe hot water poses risking of scalding Other: Defective Electrical Wiring, Outlets, Lighting or Appliances Lights do not work Light switches do not work Outletshplugs do not work Dangerous or exposed wiring Outlets, plugs and>or switches lack safe cover plates Stove)oven does not work Other appliance does not work: Other: Defective Heating Heater does not work, does not produce heat Insufficient or inconsistent heat Heating system is unsafe - A,ir conditioning provided but does not work Unsafe and Unsanitary Conditions in Unit or, Common Areas Pests(Vermin. Roaches Rats 1vhce Termites Mold(Mildew: living room[s] bedroom[s] kitchen bathroom[s] Trash receptacles: inadequate unsanitary not emptied often enough Stairs or railings unsafe and)or broken Unsafe walkways-tripping hazards Inadequate lighting Inadequate security for conditions Smoke detectors missing or defective Building[s] not properly maintained: Other i 3.a. Landlord has breached the warranty to provide habitable premises Any failure to pay rent under the rental agreement was justified because the landlord failed to repair or remedy the specified conditions, despite knowledge of the needed repairs. 3.b. because Repair repairs &J)educt of the defective Mxfendant[s] conditions do not specified ~ the above rent were demanded made and in the paid notice for by Defendant[s] and were, or should be, deducted from the rent owed Landlord was aware of the need for the repairs and failed to adequately or timely make the repairs. Attachment 3J to Answer —Unlawful Betainer case NO. 4 gh+B 3 i(A) Th 3-Day Notice is defective and unlawful because: {l) It demanded more rent than I (we) owed when it was served. (2) It was not stated in the alternative to pay or quit. (3) It did not adequately describe the address of the premises. (4) It was served before the rent was late. (5) It demanded rent more than one year past due. (6) It was based on an alleged violation of the lease, but did not give the required opportunity to cure the breach. (7) It was not served in the manner required by law. (8) It includes a late charge or other improper charges that are not rent. (9) lt did not state the address and phone number for the person to pay, or the days and time for payment to cure the breach. (10) It did not comply with applicable provisions of state or federal law. 3.i (8) The 30-day notice was improper because: (l) It did not give 30 days after service to vacate; (2) It did not unequivocally demand possession of the unit; (3) It was not served in the manner required by law; (4) Defendants have held their tenancy for longer than one year and are entitled to a 60 day notice terminating the tenancy. (5) It did not comply with applicable provisions of federal or state law; 3.i (C) The complaint for unlawful detainer was filed in court before the date the termination or eviction notice expired; there was no unlawful detainer committed at that time. 3.i(D) Plaintiff failed to serve defendant with prior written notice that the alleged conduct would be grounds for termination of the tenancy. Plaintiff has, in prior months, permitted the same conduct that is now the basis for eviction. 3.i (E) This case was filed by an agent of the owner who is not the real party in interest and is not authorized to bring this action. CCP (367. 3.i {F) Plaintiff is a corporation, or other business entity, and is not represented by an attorney. A corporation, or other business entity, cannot represent itself. U 3.i (G) Other: