Preview
UD-105
Brr nundrer, end edrfrem).
ATTORNEY OR PARTY WITHOUT ATTORNEY fnreme, Sfefe FOR COURT USE OffLY
BancroR P Gracey and PatriciaGracey
100 McLellan Dr, apt. 3098
South San Francisco, CA 94080
TELEPHQNE No.:
E-MAILADDREss
801-574-3015
bancroft.graceyogmail.corn
FILETS
SAN hllATEQ QOU~
ATTGRNEY FoR I aI: self represented
SUPERIOR COURT OF CAUFORNIA, COUNTY OF San Mateo FEB 1 4 2014
BTREET ADDREss 400 County Center
MAILINGADDRESS
GITY AND zIP
coDE: Redwood City, CA 94063
eefIN Coue
BRANCH NAME
Management
Plaintiff: Equity Residential LLC
De»dent: Bancroft Gracey,
PatriciaGfacey
ANSWER —UNLAWFULDETAINER CASE NUMBER
CLJ209119
Defendant (each defendant for whom this answer is Sled must be named and must sign this answer unless his or her attorney
signs): Bancroft Gracey and Patricia Gracey
answers the complaint as follows:
2.
a. ~
Check ONL Y ONE of the next two boxes:
Defendant
$ 1,000.)
generally denies each statement of the complaint. (Do not check this box ifthe complaint demands more than
b. ~x Defendant admits that all of the statementsof the complaint are trueEXCEPT:
(1) Defendant claims the following statementsof the complaint are false stateparagraph numbers from the complaint
or explain below or on form MC-025): ~x Explanation is onMC-025, titled as Attachment 2b(1).
(2) Defendant has no information or belief that the following statements
of thecomplaint are true,so defendant denies
them (stateparagraph numbers from the complaint or explain below or on form MC-025):
Explanation is onMCO25, titled as Attachment 2b(2).
3.
a.
b.
~
AFFIRMATIVEDEFENSES
~ (nonpayment
(nonpayment
(NOTE) For each box checked,
of rent only) Plaintiff has
of rent only) Defendant
breached
made needed
you must state
repairs and
brief facts
the warranty to provide
to supportitinitem
habitable
properly deducted
premises.
the cost
3k (top of page
from the rent,and
2).)
plaintlff did
c. ~ not give proper
(nonpayment
credit.
of rent only)On (date): before thenotice to pay or quit expired,defendant offered
d. ~
~
the rent due but plaintiffwould not accept
Plaintiff waived,
changed, or canceled the
it.
notice to quit
e.
f. ~ Plaintiff served
By serving
defendant
defendant
with the notice to quit or filed the complaint to retaliate
with the notice to quit or filing the complaint,
against defendant.
plaintiff is arbitrarily discriminating
against the
g. ~ defendant
ordinance,
in violation of the Constitution
Plaintiff's demandfor possession
end date of passage):
or the
violates the
laws of the United States or California.
title of
of (city or county,
local rent control or eviction control ordinance
h.
i.
~
~
(Also, brieSy statein item 3k the facts showing violation of the ordinance.)
Plaintiff acceptedrent from defendant
to evict defendant
Plaintiff seeks based
to cover a
on acts
period
against
of time after the date
defendant or a member
the notice to quit expired.
of defendant's household that constitute
domestic violence,sexual assault, stalking,human trafficking, or abuseof an elder or a dependent adult.(A temporary
restrainingorder, protective order,or police report not more than 180 days old is requirednaming you or your household
member party or a victim of these
j. ~ as the protected
Other affirmative defenses are stated in item 3k.
crimes.)
Pege1of 2
Frsm Approved for Opbonel Use
Judrasl Counal ot California ANSWER— UNLAWFULDETAINER Civil Code, Q 1 840 et seq,
g 4+,]2, Q 11B1 et seq.
Code of Clvrl Procedure,
UD-1 05
CASE NUMBER
CL J209119
3. AFFIRMATIVEDEFENSES (cont'd)
k. Facts supporting affirmative defenses checked above for eachitem
(identify facts byits letter from page 1below or on form
~
MC-025):
Description of factsis on MC-025, titled asAttachment 3k.
4.
a. ~
OTHER STATEMENTS
~ Defendant vacated the premises on (date).
b.
~The fair rental value
Explanation
of the premises alleged
is on MC-025, titled as
in the complaint is excessive
Attachment 4b.
(explain below or on form MC-025):
c. ~ ~Other (specify below or on form MC-025in attachment):
Other statements are on MC-025, titled asAttachment 4c.
5. DEFENDANT REQUESTS
a. that plaintifftake
nothing requested in the complaint
b.
c.
d.
~
~
costs incurredin this proceeding.
reasonable attorney
that plaintiff be
fees.
ordered to (1) make repairsand correct theconditions that constitutea breach of the warranty to provide
e. ~ ~
habitable premises and (2) reduce the monthly rent to a reasonable
Other (specify below or on form MC-025):
All other requestsare stated on MC-025, titled as Attachment
rental value
Se.
until theconditions are corrected.
6. Number of pages attached: 1
+ —
assistance
UNLAWFULDETAINER ASSISTANT (Bus. & Prof. Code
(Must be completed in a/I cases.)
with this form.
An unlawful detainer
(Ifdefendant has received
assistant ~ff
any help or advice
didnot
6400
~
for pay from an
6415)
did for compensation
unlawful detainerassistant,
give advice
state):
or
a. Assistant'sname: b. Telephone No.:
c. Streetaddress, city, andzip code:
d. County of registration: e. Registration No f. Expires on (date)
(Each defendant for whom this answeris Sled must be named in item 1 and must sign thi s answer unless his or her attorneysigns.)
Bancroft Gracey
(TYPE OR PRINT NAME)
DfEf)ANT OR ATTORNEY)
(SIGNATURE OF
PatriciaGracey
(TYPE OR PRINT NAME)
.
a.
(SIGNATURE OFdRFENDA~R ATTORNEY)
VERIFICATION
form ifthe
(Use a different venlfcation venlfcation is by anattorney or for a corporation
or partnership.)
I am the defendant in this proceeding and have read this answer.I declare under penalty of perjury underthe laws of the State of
California that the foregoing
is true andcorrect. Date: February 12, 2014
Va+f 'af a Qt wctu 4+woi S Pwca.
(TYPE eIA PRINT NAME) c/
A lfolAICO IIllIA lAICI IIrlCTflIIICO
(8&NATURE6VDgfhNOANT)
/g Paoe 2 of 2
MCO25
CASE NUM8ER.
SHORT TITLE:
Equity Residential Management LLC, Bancroft and Patricia Gracey CLJ209119
ATTACHMENT(Number): 2b(1)
(This Attachment may be used with any Judicial Council form.)
II. Property is situated at 100 McLellan Drive, not, as stated in the complaint, 101 McLellan Drive.
III. The property is leased and occupied solely by the defendants, and by no other persons.
VII. Defendants allege that written notice was not properly served. The property was occupied by at least one
defendant at all times on the given day (and on every day that week), and has a working doorbell; personal
service (as required by Code of Civil Procedure Section 1162(l)) was not attempted.
Mailed notice (Code of Civil Procedure Section 1162(3)) has not been received by the defendants. Defendants
further note that the notice to quit (Exhibit B) has the same incorrect address as the complaint. Ifmailed to that
address, defendants could not have received the notice.
is made
(lfthe item that this Attachment concerns under penalty of perjury, in this
all statements Page 1 ot 1
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Aooroved for Oodonal Uae
Juaolal Counorl of Callfornla ATTACHMENT www courffrrfo oa gov
MGO25 IRev. July l, 2009I to Judicial Council Form
Preview
UD-105 Brr nundrer, end edrfrem). ATTORNEY OR PARTY WITHOUT ATTORNEY fnreme, Sfefe FOR COURT USE OffLY BancroR P Gracey and PatriciaGracey 100 McLellan Dr, apt. 3098 South San Francisco, CA 94080 TELEPHQNE No.: E-MAILADDREss 801-574-3015 bancroft.graceyogmail.corn FILETS SAN hllATEQ QOU~ ATTGRNEY FoR I aI: self represented SUPERIOR COURT OF CAUFORNIA, COUNTY OF San Mateo FEB 1 4 2014 BTREET ADDREss 400 County Center MAILINGADDRESS GITY AND zIP coDE: Redwood City, CA 94063 eefIN Coue BRANCH NAME Management Plaintiff: Equity Residential LLC De»dent: Bancroft Gracey, PatriciaGfacey ANSWER —UNLAWFULDETAINER CASE NUMBER CLJ209119 Defendant (each defendant for whom this answer is Sled must be named and must sign this answer unless his or her attorney signs): Bancroft Gracey and Patricia Gracey answers the complaint as follows: 2. a. ~ Check ONL Y ONE of the next two boxes: Defendant $ 1,000.) generally denies each statement of the complaint. (Do not check this box ifthe complaint demands more than b. ~x Defendant admits that all of the statementsof the complaint are trueEXCEPT: (1) Defendant claims the following statementsof the complaint are false stateparagraph numbers from the complaint or explain below or on form MC-025): ~x Explanation is onMC-025, titled as Attachment 2b(1). (2) Defendant has no information or belief that the following statements of thecomplaint are true,so defendant denies them (stateparagraph numbers from the complaint or explain below or on form MC-025): Explanation is onMCO25, titled as Attachment 2b(2). 3. a. b. ~ AFFIRMATIVEDEFENSES ~ (nonpayment (nonpayment (NOTE) For each box checked, of rent only) Plaintiff has of rent only) Defendant breached made needed you must state repairs and brief facts the warranty to provide to supportitinitem habitable properly deducted premises. the cost 3k (top of page from the rent,and 2).) plaintlff did c. ~ not give proper (nonpayment credit. of rent only)On (date): before thenotice to pay or quit expired,defendant offered d. ~ ~ the rent due but plaintiffwould not accept Plaintiff waived, changed, or canceled the it. notice to quit e. f. ~ Plaintiff served By serving defendant defendant with the notice to quit or filed the complaint to retaliate with the notice to quit or filing the complaint, against defendant. plaintiff is arbitrarily discriminating against the g. ~ defendant ordinance, in violation of the Constitution Plaintiff's demandfor possession end date of passage): or the violates the laws of the United States or California. title of of (city or county, local rent control or eviction control ordinance h. i. ~ ~ (Also, brieSy statein item 3k the facts showing violation of the ordinance.) Plaintiff acceptedrent from defendant to evict defendant Plaintiff seeks based to cover a on acts period against of time after the date defendant or a member the notice to quit expired. of defendant's household that constitute domestic violence,sexual assault, stalking,human trafficking, or abuseof an elder or a dependent adult.(A temporary restrainingorder, protective order,or police report not more than 180 days old is requirednaming you or your household member party or a victim of these j. ~ as the protected Other affirmative defenses are stated in item 3k. crimes.) Pege1of 2 Frsm Approved for Opbonel Use Judrasl Counal ot California ANSWER— UNLAWFULDETAINER Civil Code, Q 1 840 et seq, g 4+,]2, Q 11B1 et seq. Code of Clvrl Procedure, UD-1 05 CASE NUMBER CL J209119 3. AFFIRMATIVEDEFENSES (cont'd) k. Facts supporting affirmative defenses checked above for eachitem (identify facts byits letter from page 1below or on form ~ MC-025): Description of factsis on MC-025, titled asAttachment 3k. 4. a. ~ OTHER STATEMENTS ~ Defendant vacated the premises on (date). b. ~The fair rental value Explanation of the premises alleged is on MC-025, titled as in the complaint is excessive Attachment 4b. (explain below or on form MC-025): c. ~ ~Other (specify below or on form MC-025in attachment): Other statements are on MC-025, titled asAttachment 4c. 5. DEFENDANT REQUESTS a. that plaintifftake nothing requested in the complaint b. c. d. ~ ~ costs incurredin this proceeding. reasonable attorney that plaintiff be fees. ordered to (1) make repairsand correct theconditions that constitutea breach of the warranty to provide e. ~ ~ habitable premises and (2) reduce the monthly rent to a reasonable Other (specify below or on form MC-025): All other requestsare stated on MC-025, titled as Attachment rental value Se. until theconditions are corrected. 6. Number of pages attached: 1 + — assistance UNLAWFULDETAINER ASSISTANT (Bus. & Prof. Code (Must be completed in a/I cases.) with this form. An unlawful detainer (Ifdefendant has received assistant ~ff any help or advice didnot 6400 ~ for pay from an 6415) did for compensation unlawful detainerassistant, give advice state): or a. Assistant'sname: b. Telephone No.: c. Streetaddress, city, andzip code: d. County of registration: e. Registration No f. Expires on (date) (Each defendant for whom this answeris Sled must be named in item 1 and must sign thi s answer unless his or her attorneysigns.) Bancroft Gracey (TYPE OR PRINT NAME) DfEf)ANT OR ATTORNEY) (SIGNATURE OF PatriciaGracey (TYPE OR PRINT NAME) . a. (SIGNATURE OFdRFENDA~R ATTORNEY) VERIFICATION form ifthe (Use a different venlfcation venlfcation is by anattorney or for a corporation or partnership.) I am the defendant in this proceeding and have read this answer.I declare under penalty of perjury underthe laws of the State of California that the foregoing is true andcorrect. Date: February 12, 2014 Va+f 'af a Qt wctu 4+woi S Pwca. (TYPE eIA PRINT NAME) c/ A lfolAICO IIllIA lAICI IIrlCTflIIICO (8&NATURE6VDgfhNOANT) /g Paoe 2 of 2 MCO25 CASE NUM8ER. SHORT TITLE: Equity Residential Management LLC, Bancroft and Patricia Gracey CLJ209119 ATTACHMENT(Number): 2b(1) (This Attachment may be used with any Judicial Council form.) II. Property is situated at 100 McLellan Drive, not, as stated in the complaint, 101 McLellan Drive. III. The property is leased and occupied solely by the defendants, and by no other persons. VII. Defendants allege that written notice was not properly served. The property was occupied by at least one defendant at all times on the given day (and on every day that week), and has a working doorbell; personal service (as required by Code of Civil Procedure Section 1162(l)) was not attempted. Mailed notice (Code of Civil Procedure Section 1162(3)) has not been received by the defendants. Defendants further note that the notice to quit (Exhibit B) has the same incorrect address as the complaint. Ifmailed to that address, defendants could not have received the notice. is made (lfthe item that this Attachment concerns under penalty of perjury, in this all statements Page 1 ot 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Aooroved for Oodonal Uae Juaolal Counorl of Callfornla ATTACHMENT www courffrrfo oa gov MGO25 IRev. July l, 2009I to Judicial Council Form