On December 08, 2004 a
Answer
was filed
involving a dispute between
29 Sac Incu Lp,
John Gonzales,
and
Lawrence, Melissa,
Lawrence, Travis,
Rachael Gonzalez,
for Dissolution Without Minor Children
in the District Court of Stanislaus County.
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ATTORNEY on PARTY \MTHOUTA'ITORNEY use ONLY
NAME:TERRY D. STARK STATE BAR No.:283121 F Irnénr
_
FIRM MAME: LAW OFFICES OF TERRY D. STARK ‘
1.
Annaess: 107 California Avenue ‘3HAR 25 PH [2: l9
‘
oakdale
CITY: CA
STATE: ZIPCODE; 95361‘ c:n -
K 0F TH: PERlo
t.d.stark@att.net
E-MAJLADDRESS (Optional); TELEPHONE N0; (209) 847-4274 EUUNT? O {.HJSR‘Sou T
TraViS Lawrence (209) 847-4188;:13,“
ATTORNEY FORmame); FAx Hammond);
_ Vv l
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F STANISLAUS *—-—- nL' UTv"
smemooness: 801 10th Street, 4th Floor '
801
MAILING ADDRESS: 10th Street, 4th Floor ag p
crmwozw CODE: Modesto, CA 95354
BRANCH NAME:Civil Division
PLAINTIFF: 29 Sac Incu LP
DEFENDANT: Travis Lawrence, Melissa Lawrence
CASE NUMBER:
ANSWER—UNLAWFUL DETAINER 683646
1. Defendant (each defendant for whom this answer is /edmust be named and must sign this answer unless his or herattomey
5’9“): Travis Lawrence
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
i
a. Defendant generally denies each statement of the complaint (DO not check this box if the complaint demands more
than $1, 000‘)
b. m Defendant admits that all of the statements of the complaint are true EXCEPT:
(1) Defendant claims the following statements of the comlaint are false (state paragraph numbers from the complaint
or explain below or on form MC-025): Explanation is on MIC-025. titled as Attachment 2b(1 ).
(2) Defendant has no information or beliefthat the following statements Ofthe complaint are true, so defendant denies
E
them (state paragraph numbers from the complaint or explain below or on form MC-025):
Explanation is on MO-025, titled as Attachment 2b(2).
3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state bn‘ef facts to support it in item 3k (top ofpage 2).)
a.
b.
D
E (nonpayment ofrent only) Plaintiff has breached the warranty to provide habitable premises.
(nonpayment ofrent only) Defendant made needed repairs and properly deducted the cost from the rent. and plaintiff did
not give proper credit.
U {nonpayment of rent only) On (date): before the notice to pay or quit expired, defendant
iii
offered the rent due but plaintiftwould not accept It.
Plaintiff waived, Changed, or canceled the notice to quit.
Plaintiff served defendant with the notice to quit or led
the complaint to retaliate against defendant.
By sewing defendant with the notice to quit or ling
the complaint. plaintiff is arbitrarily discriminating against the
U
defendant in violation Of the Constitution orthe laws of the United States or California.
Plaintiffs demand for possession violates the local rent control or eviction control ordinance of (city or county,
title of
ordinance, and date ofpassage}:
(Also, brieystate in item 3k the facts showing violation of the ordinance.)
Utt Plaintiff accepted rent from defendant to cover a period of time aerthe
date the notice to quit expired.
Plaintiff seeks to evict defendant based on acts against defendant or a member of defendant's household that constitute
domestic violence. sexual assault, or stalking. (A temporary restraining order, protective order, or police report not more
E
than 180 days old is required naming you or your household member as the protected party or a victim of these crimes.)
j. Other afrmative defenses are statedin item3k.
of 2
Pa g a
1
Form Approved for Optional Use CivCoda, § 1940 et seq;
Judicial Council of Calliomia
UD-1 05 [RN January 1, 2012]
ANSWER__UNLAWFUL DETA|N ER Code ot Civil Procedure. § 425.12, § 1161 et seq.
wwwooun‘scagov
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UD-1 05
CASE NUMBER:
683646
3. AFFIRMATIVE DEFENSES (cont‘d)
k. Facts supponing afrmative defenses checked above (identify facts foreach item by its letter from page
1 beIow or
on form M0025):
D Description of facts is on MC—025. titted as Attachment 3k.
4.
a. E
OTHER STATEMENTS
E Defendant vacated the premises on (date):
b.
E
The fair rental value of the premises alleged in the complaint is excessive (explain below or on form M0025):
Explanation is on M0025, titled as Attachment 4b.
c. E E
Other (specify below or on form M0025 in attachment):
Other statements are on MC-025. titled as Attachment 4c.
5. DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
b. costs incurred in this proceeding.
c.
d. E reasonable attorney fees.
that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
e. E habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
Other (specify below or on form M0025):
D All other requests are stated on MIC-025, titled as Attachment 5e.
6. Number of pages attached:
7.
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code §§ 6400—6415)
(Must be completed in all cases) An unlawful detainer assistantm did not E 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 code:
d. County of registration: e. Registration No.: f.Expires on (date):
{Each defendant for whom this answer is ledmust be named in item 1 an ust sign thi sw u less his or her attomey signs.)
TERRY D. STARK D
(was 0R PRINT NAME) 0F DEFENTJANT 0R ATTORNEY)
SiGNATURE
D
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
A
VERIFICATION
is by an attorney or for a corporation or paltnership.)
form if the verication
(Use a different verication
declare under penalty of perjury underthe laws of the State of
l am the defendant in this proceeding and have read this answer.
|
California that the foregoing is true and correct. Date: March 25, 20 l 3
TRAVIS LAWRENCE
(TYPE 0R PRINT NAME)
F %A (SIGNATURE 0F DEFENDANT)
Page 2 of 2
[Rev January
UD-1 05 1, 2012]
AN SWER_UNLAWFUL DETAINER
m‘
It Stanislaus Countw Superior Courtfwnx
1 H
Civil bikisfn
801 10th Street, 4th Floor
Modesto, C9 95354
i$$ Duplicate XXX
Ticket 50—00152367 User: 404
3f252013 12:23 PM Station: EVDUI
Fee code Qty Price Total
Description
CVUUST 2 $225.00 450.00
LMTD 9N8 $225
Case 683646
Subtotal 450.00
Tax 0.00
'
Totel 450.00
Tender:
Credit Card 450.00
# XHHX4217
Number of items purchase 2
TERRY D STREK
CR US
Thank You
Document Filed Date
March 25, 2013
Case Filing Date
December 08, 2004
Category
Dissolution Without Minor Children
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k .1) i 'tt » r7, .. Jr“ L. gr _ VI: x 1 twin- . UD-1 05 ATTORNEY on PARTY \MTHOUTA'ITORNEY use ONLY NAME:TERRY D. STARK STATE BAR No.:283121 F Irnénr _ FIRM MAME: LAW OFFICES OF TERRY D. STARK ‘ 1. Annaess: 107 California Avenue ‘3HAR 25 PH [2: l9 ‘ oakdale CITY: CA STATE: ZIPCODE; 95361‘ c:n - K 0F TH: PERlo t.d.stark@att.net E-MAJLADDRESS (Optional); TELEPHONE N0; (209) 847-4274 EUUNT? O {.HJSR‘Sou T TraViS Lawrence (209) 847-4188;:13,“ ATTORNEY FORmame); FAx Hammond); _ Vv l SUPERIOR COURT OF CALIFORNIA, COUNTY 0F STANISLAUS *—-—- nL' UTv" smemooness: 801 10th Street, 4th Floor ' 801 MAILING ADDRESS: 10th Street, 4th Floor ag p crmwozw CODE: Modesto, CA 95354 BRANCH NAME:Civil Division PLAINTIFF: 29 Sac Incu LP DEFENDANT: Travis Lawrence, Melissa Lawrence CASE NUMBER: ANSWER—UNLAWFUL DETAINER 683646 1. Defendant (each defendant for whom this answer is /edmust be named and must sign this answer unless his or herattomey 5’9“): Travis Lawrence answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: i a. Defendant generally denies each statement of the complaint (DO not check this box if the complaint demands more than $1, 000‘) b. m Defendant admits that all of the statements of the complaint are true EXCEPT: (1) Defendant claims the following statements of the comlaint are false (state paragraph numbers from the complaint or explain below or on form MC-025): Explanation is on MIC-025. titled as Attachment 2b(1 ). (2) Defendant has no information or beliefthat the following statements Ofthe complaint are true, so defendant denies E them (state paragraph numbers from the complaint or explain below or on form MC-025): Explanation is on MO-025, titled as Attachment 2b(2). 3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state bn‘ef facts to support it in item 3k (top ofpage 2).) a. b. D E (nonpayment ofrent only) Plaintiff has breached the warranty to provide habitable premises. (nonpayment ofrent only) Defendant made needed repairs and properly deducted the cost from the rent. and plaintiff did not give proper credit. U {nonpayment of rent only) On (date): before the notice to pay or quit expired, defendant iii offered the rent due but plaintiftwould not accept It. Plaintiff waived, Changed, or canceled the notice to quit. Plaintiff served defendant with the notice to quit or led the complaint to retaliate against defendant. By sewing defendant with the notice to quit or ling the complaint. plaintiff is arbitrarily discriminating against the U defendant in violation Of the Constitution orthe laws of the United States or California. Plaintiffs demand for possession violates the local rent control or eviction control ordinance of (city or county, title of ordinance, and date ofpassage}: (Also, brieystate in item 3k the facts showing violation of the ordinance.) Utt Plaintiff accepted rent from defendant to cover a period of time aerthe date the notice to quit expired. Plaintiff seeks to evict defendant based on acts against defendant or a member of defendant's household that constitute domestic violence. sexual assault, or stalking. (A temporary restraining order, protective order, or police report not more E than 180 days old is required naming you or your household member as the protected party or a victim of these crimes.) j. Other afrmative defenses are statedin item3k. of 2 Pa g a 1 Form Approved for Optional Use CivCoda, § 1940 et seq; Judicial Council of Calliomia UD-1 05 [RN January 1, 2012] ANSWER__UNLAWFUL DETA|N ER Code ot Civil Procedure. § 425.12, § 1161 et seq. wwwooun‘scagov "A ‘01 n‘ ‘ ‘ IX 1/ g ‘4) . " 7 UD-1 05 CASE NUMBER: 683646 3. AFFIRMATIVE DEFENSES (cont‘d) k. Facts supponing afrmative defenses checked above (identify facts foreach item by its letter from page 1 beIow or on form M0025): D Description of facts is on MC—025. titted as Attachment 3k. 4. a. E OTHER STATEMENTS E Defendant vacated the premises on (date): b. E The fair rental value of the premises alleged in the complaint is excessive (explain below or on form M0025): Explanation is on M0025, titled as Attachment 4b. c. E E Other (specify below or on form M0025 in attachment): Other statements are on MC-025. titled as Attachment 4c. 5. DEFENDANT REQUESTS a. that plaintiff take nothing requested in the complaint. b. costs incurred in this proceeding. c. d. E reasonable attorney fees. that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide e. E habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected. Other (specify below or on form M0025): D All other requests are stated on MIC-025, titled as Attachment 5e. 6. Number of pages attached: 7. UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code §§ 6400—6415) (Must be completed in all cases) An unlawful detainer assistantm did not E 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 code: d. County of registration: e. Registration No.: f.Expires on (date): {Each defendant for whom this answer is ledmust be named in item 1 an ust sign thi sw u less his or her attomey signs.) TERRY D. STARK D (was 0R PRINT NAME) 0F DEFENTJANT 0R ATTORNEY) SiGNATURE D (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) A VERIFICATION is by an attorney or for a corporation or paltnership.) form if the verication (Use a different verication declare under penalty of perjury underthe laws of the State of l am the defendant in this proceeding and have read this answer. | California that the foregoing is true and correct. Date: March 25, 20 l 3 TRAVIS LAWRENCE (TYPE 0R PRINT NAME) F %A (SIGNATURE 0F DEFENDANT) Page 2 of 2 [Rev January UD-1 05 1, 2012] AN SWER_UNLAWFUL DETAINER m‘ It Stanislaus Countw Superior Courtfwnx 1 H Civil bikisfn 801 10th Street, 4th Floor Modesto, C9 95354 i$$ Duplicate XXX Ticket 50—00152367 User: 404 3f252013 12:23 PM Station: EVDUI Fee code Qty Price Total Description CVUUST 2 $225.00 450.00 LMTD 9N8 $225 Case 683646 Subtotal 450.00 Tax 0.00 ' Totel 450.00 Tender: Credit Card 450.00 # XHHX4217 Number of items purchase 2 TERRY D STREK CR US Thank You