Answer Unlimited Fee AppliesCal. Super. - 6th Dist.October 30, 2020UD-105 ATTORNEY 0R PARTY vuTHOUT ATTORNEY STATE BAR NUMBER: 73728 EIGCtroM&QAIMT Esugfll NAME Mark A. Neubauer (73728); Stephanie G. Chau (292699) by Superior Court of CA, FIRM NAME: Carlton Fields, LLP STREET ADDRESS: 2029 Century Park East, Ste 1200 County of Santa Clara, cm; Los Angeles sTATE. CA Zipcooe: 90067-2913 0" 11/1 8/2020 3:40 PM TELEPHONENO; (310)843-6300 FAx no: (310)843-6301 Reviewed By: M Vu E-MAILADDRESS: mneubauer@carltonfields.com; schau@carltonfields.com Case #20CV372634 ATTORNEY F0R(name): Defendant Einstein and Noah Corp Envelope: 5322427 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILINGADDRESS: 191 Nonh FirstStreet CITY AND ZIPCODE: San Jose, CA 951 13 BRANCH NAME: Downtown SuperiorCourt PLAINTIFF: PAJA Glen, LLC, a California Limited Liability Company Partners hip DEFENDANT: Einstein and Noah Corp., A Delaware Corporation CASE NUMBER:ANSWER-UNLAWFUL DETAINER 20CV372534 1. Defendant (each defendant for whom this answeris filed must be named and must sign this answer unless his or her attorney signs): Einstein and Noah Corp. answers the complaint as follows: 2. Check ONLY ONE of the next two boxes: a. D Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer (form UD-1 01 ). (Do not check this box if the complaint demands more than $1,000.) b. I x | Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and Supplemental (1) (2) Allegations-Unlawful Detainer (form UD-101) are true EXCEPT: Defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025): l | Explanation is on MC-025, titled as Attachment 2b(1). 6(b), 6(d), 6(e), 9, 10, 12, 13, 17 [PartA21-7, Part B], 19 Defendant has no information or belief that the following statements of the complaintrare true, so defendant denies them (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025): f | Explanation is on MC-025, titled as Attachment 2b(2). 7, 21 Defendant claims the following statements on the Mandatory Cover Sheet and Supplemental Allegations-Un/awful Detainer (form UD-101) are false (state paragraph numbers from form UD-101 or explain below or, if more room needed, on form MC-025): D Explanation is on MC-025, titled as Attachment 2b(3). Defendant has no information or belief that the following statements on the Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer (form UD-1 01) are true, so defendant denies them (state paragraph numbers from form UD-101 or explain below or, if more room needed, on form MC-025):D Explanation is on MC-025, titled as Attachment 2b(4). Page 1 of 4 Form Approved for Optional Use Civil Code, § 1940 et seq; Judicial Council of California ANSWER-UNLAWFU L DETAINER COGe 0f CW" Procedure §§ 425.121 UD-105 [Rev. October 5, 2020] 1161 etseq., 1179.01 etseq. www.courts.ca.gov UD-105 CASE NUMBER.- 20CV372634 3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in item 30 (page 3) or, if more room needed, on form MC-025.) a. - (Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. b. (Nonpayment ofrent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. c. E (Nonpayment ofrent only) On (date): before the notice to pay or quit expired, defendant offered the rent due but plaintiff'would not accept it. d. I x | Plaintiffwaived, changed, or canceled the notice to quit. e. x | Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant. f, D By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the defendant én violation of the Constitution or the laws of the United States 0r California. g E 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): (Also, briefly state in item 30 the facts showing violation of the ordinance. ) h E Plaintiff's demand for possession is subject to the Tenant Protection Act, Civil Code section 1946.2 or 1947.12, and is not in compliance with the act. (Check all that apply and briefly state in item 30 (he facts (hat supporteach.) (1) - Plaintifffailed to state a just cause for termination oftenancy in the written notice to terminate. (2) E Plaintiff failed to provide an opportunity to cure any alleged violations of terms and conditions of the lease (other than payment of rent) as required under Civ. Code, § 1946.2(c). (3) E Plaintiff failed to comply with the relocation assistance requirements of Civ. Code, § 1946.2(d). (4) | I Plaintiff has raised the rent more than the amount allowed under Civ. Code, § 1946.12, and the only unpaid rent is the unauthorized amount. (5) - Plaintiffviolated the Tenant Protection Act in another manner that defeats the complaint. i. E Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. j. :I Plaintiffseeks to evict defendant based on an act against defendant or a member of defendant's household that constitutes domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (This defense requires one of (he following: (1) a temporary restraining order, protective order, or police report (hat is not more than 180 days old; OR (2) a signed statement from a qualified third party (e.g., a doctor, domestic violence or sexual assault counselor, human trafficking caseworker, or psychologist) concerning the injuries or abuse resulting from these acts.» k. Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g., ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or the other person believed that assistance was necessary. I. E Plaintiff's demand for possession is in retaliation for nonpayment of rent or other financial obligations due between March 1, 2020, and January 31, 2021, even though it is afleged to be based on other reasons. (Civ. Code, § 1942.5(d).) m.E Plaintiff's demand for possession is based on nonpayment of rent or other financial obligations due between March 1, 2020, and January 31, 2021, and (check all that apply): (1) E Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).) (2) El Plaintiff did not provide an unsigned declaration of COVlD-19-related financial distress with the 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).) (3) | "j Plaintiff identified defendant as a “high-incometenant” in the 15-day notice, but plaintiff did not possess proof of income establishing that at the time the notice was served. UD-105 [Rev October 5, 2020] ANSWER_UNLAWFUL DETAINER Page 2 01‘4 ' UD-105 CASE NUMBER: ZOCV372634 m. (4) E Defendant provided the following declaration to plaintiff (check all that apply and describe when and how provided): (a) E Declaration of COVID-19-related financial distress (Code Civ. Proc., § 1179.03(b) or ((3)) (describe when and how delivered): (b) D Declaration under penalty of perjury for the Centers for Disease Control and Prevention's temporary halt in evictions to prevent further spread of COVID-19 (85 Federal Register at 55297) (describe when and how provided): (5) | I Defendant is currently filing or has already filed a declaration of COVID-19-related financial distress with the court. (Code Civ. Proc. § 1179.03(h).) (6) D Plaintiff violated the federal CARES Act because the property is covered by that act and (a) E The federaIIy-backed mortgage on the property was in forbearance when plaintiff brought the action. (15 U.S.C. § 9057.) (b) D The plaintiffdid not give the required 30 days' notice. (15 U.S.C. § 9058(0).) (7) D Plaintiffviolated the COVlD-19 Tenant Relief Act of 2020 (Code Civ. Proc., § 1179.01 et seq.) or a local COVID-19 -re|ated ordinance regarding evictions in some other way (briefly state facts describing this in item o). n. E Other affirmative defenses are stated in item 3o. o. (Provide facts for each item checked above, either below, or, if more room needed, on form MC-025):E Description of facts is on MC-025, titled as Attachment 3o. ‘ See attachment 3o 4. OTHER STATEMENTS a. l I Defendant vacated the premises on (date): b. E The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on form MC-025): UD-105 [Rev‘ October 5, 2020] ANSWER-UNLAWFUL DETAINER Page 3 of 4 UD-1 05 CASE NUMBER- ZOCV372634 4. b. E Explanation is on MC-025, titled as Attachment 4b4 c. l: Other (specify below or, if more room needed, on form MC-025 in attachment):D Other statements are on MC-025, titled as Attachment 4c‘ 5. DEFENDANT REQUESTS a. that plaintifftake nothing requested in the complaint. b. costs incurred in this proceeding c. E reasonable attorney fees. d . E that plaintiff be ordered to (1) make repairs and correct the conditions that constttute 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. E Other (specify below or on form MC-025):D All otherrequests are stated on MC-025, titled as Attachment 56. Relief from forfeiture and any such other relief as the court may deem just and proper. 6. Number of pages attached: 4 UNLAWFUL DETAINER ASSISTANT (Bus. 8x Prof. Code, §§ 5400-6415) 7. (Must be completedin al/cases.) An unlawful detainer assistant I x I did not D 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 number: C- Street address, city, and zip code: d. County ofregistration: e. Registration number: f. Expiration date: (Each defendant for whom this answeris filed must be named in item 1 and must sign this answer unless defendant's attorney signs.) Mark A. Neubauer ’ M WW) (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) (TYPE 0R pmm NAME) (SIGNATURE 0F DEFENDANT 0R ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) l am the defendant in this proceeding and have read this answer, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT) UD-105 [Rev‘ October 5, 2020] ANSWER_UNLAWFU L DETAINER Page 4 or a MC-025 SHORT TITLE: _ CASE NUMBER:_ PAJA Glen, LLC v. Einstein and Noah Corp 20CV372634 ATTACHMENT (Number): 3o (ThisflAttachment may be used with any Judicial Council form.) DESCRIPTION OF FACTS FOR AFFIRMATIVE DEFENSES: _ 3(a) Plaintiff breached the warranty to provide habitable premises that could not be used for the Leased purpos. 3(0) When Defendant offered the rent due, but plaintiff would not accept it. 3(d) Plaintiff waived, changed or canceled the notice to quit because it agreed to a modification of the Lease. 3(e) Plaintiff served Defendant with the notice to quit or filed the complaint to retaliate against Defendant for exercising its contractual, statutory and other legal rights. 3(i) Plaintiffaccepted rent from Defendant, including on 9/12/2020 ($9,398.62) & 10/12/2020 ($9,974.79). 3(1) Plaintiff's demand for possession is in retaliation against Defendant for exercising its contractual, statutory and other legal rights. 3(m)(2) Plaintiff's demand for possession is based on non-payment and Plaintiff did not provide the requisite declaration ofCOVID- l9 related financial distress with proper notice. ADDITIONAL AFFIRMATIVE DEFENSES: (l) Failure to State A Cause of Action. The Complaint, and each and every purported cause of action alleged therein, fails to state facts sufficient to constitute any cause of action against Defendant. (2) Acts or Omissions of Plaintiff. The Complaint, and each and every purported cause of action therein, are barred to the extent that injury, if any, resulted from the acts and/or omissions of Plaintiff. (3) Intervening or Superseding' Cause. Defendant alleges that if Plaintiff suffered or sustained any loss, damage or injury as alleged in the Complaint, such loss, damage or injury was legally caused or contributed to by the negligence or wrongful conduct of other parties, persons or entities, and their negligence or wrongful conduct was an intervening and superseding cause of the loss, damage or injury of which Plaintiff complains. (4) Assumption of Risk. The Complaint, and each and every cause of action asserted therein is barred because Plaintiff, and/or the persons and/or entities acting on Plaintiff‘s behalf, assumed the risk of all the conduct of the Plaintiff or its agents. (5) Justification/Excuse. By Virtue of the acts of Plaintiff, and/or the persons and/or entities acting on its behalf, the Complaint, and each and every cause of action asserted therein ls barred because the acts and/or omissions alleged in the Complaint were justified and/or excused. (6) Ratification. The Complaint, and each and every cause of action asserted therein ls barred 1n whole or in part by the doctrine of ratification (7) Parol Evidence Rule. The Complaint, and each and every cause of action asserted therein ls barred 1n whole or in part by the Parol Evidence Rule. (8) Estoppel. The Complaint, and each and every purported cause of action contained therein, is barred because Plaintiff is estopped from asserting any claims against Defendant by its own misconduct and breaches. (9) Accord and Satisfaction. Plaintiff engaged in conduct and actions to constitute an accord and satisfaction concerning the obligations, conduct, or acts at issue in the Complaint, barring recovery from Defendant. (10) Violation of Law. Plaintiff engaged in conduct and actions in violation of state, county and local law, barring recovery from Defendant. (l 1) Frustration of Purpose. The Complaint, and each and every purported cause of action contained therein, is barred, in whole or in part, because the contract cannot be enforced due to the doctrine of frustration of purpose. (12) Denial of Possession. The Complaint, and each and every purported cause of action contained therein, is barred, in whole or in part, because Plaintiff denied Defendant full use and enjoyment of the property. [CONTINUED] (If the item that this Attachment concerns is made under penalty ofperjury, all statements in this Page 5 of 8 Attachment are made under penalty ofperjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT _ www.courtinfo.ca.gov JudicialCouncilofCalifomia , , . MC-025IRev.JuIy1.20091 to Judncual Councul Form MG025 SHORT TITLE: ease rvunneeR: PAJA Glen, LLC v. Einstein and Noah Corp 20CV372634 ATTACHMENT (Number): 30 (This Attachment maybe used with any Judicial Council form.) (13) Breach of Lease. The Complaint, and each and every purported cause of action contained therein, is barred because Plaintiff materially breached the terms of the lease. (14) Force Majeure/Act of God. The Complaint, and each and every purported cause of action contained therein, is barred because the acts and/or omissions alleged in the Complaint were justified and/or excused, including pursuant to force majeure/act of God. (15) Failure to Maintain Insurance. The Complaint, and each and every purported cause of action contained therein, is barred because Plaintiff materially breached the terms of the lease by failing to maintain insurance as required by paragraph 9(A) of the lease. (16) Denial of Permitted Use. The Complaint, and each and every purported cause of action contained therein, is barred because Plaintiff materially breached the terms of the lease by denying Defendant permitted use of the property. (17) Failure of Condition Precedent. The Complaint, and each and every purported cause of action contained therein, is precluded for failure of the occurrence of a condition precedent. (18) Reservation of Rights. Defendant asserts that it has consistently reserved all rights and defenses that may be available at law or in equity and under the terms and provisions of the contract. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 6 of 8 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.couRinPo.ca.govJudicial Council of California MC-025 [Rev. July 1,zoos~ to Judicial Council Form EDWNONUIhUJNv-I NNNNNNNNNt-At-AHHHHp-AHHH WNQM-fiWNHOCmflONMAWNHO VERIFICATION I, Vikki Scholten, declare: I am the Director of Lease Administration for Defendant Einstein and Noah C0rp., a party t0 this action, and I make this Verification 0n its behalf. I have read the foregoing ANSWER-UNLAWFUL DETAINER and know the contents thereof. I am informed and believe and based thereon allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at, Lakewood, Colorado, 0n November 18, 2020. 410m Vikki Scholten (Nov 18, 2020 13:15 MST) Vikki Scholten KOOONQU‘I-PUJNr-t NNNNNNNNNr-‘v-tv-tr-‘b-tr-anu-tr-tr-Kr-s OOflGU‘I-PUJNi-‘OKOOOQGU‘I-PUJNh-‘O PROOF OF SERVICE F.R.C.P. 5 / C.C.P. §§ 1010.6. and 1013/ Cal. R. Ct. R. 2.251 I am a resident of, 0r employed in, the County 0f Los Angeles. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields, LLP, 2029 Century Park East, Suite 1200, Los Angeles, CA 90067-2913. On November 18, 2020, I served the following listed document(s), by method indicated below, 0n the parties in this action: ANSWER - UNLAWFUL DETAINER by serving: Donald L. Smith, Esq. Attorneys for PlaintiffPAJA Investments 80770 Via Montecito La Quinta, CA 92253 Telephone: (415) 800-8979 Facsimile: (925) 215- 1433 lawsmith@aol.com E BY ELECTRONIC SERVICE by uploading the document listed above to the Court’s Electronic Filing Service Provider First Legal https://www.firstlegal.com for e-service to the email address(es) set forth 0n the attached service list. T0 my knowledge, the e-service was reported as complete and Without error. See Cal. R. Ct. R. 2.251 and CCP § 1010.6. I declare under penalty of perjury under the laws of the State 0f California and the United States 0f America that the above is true and correct. Executed on November 18, 2020 at Los Angeles, California. Maria Rodriguez q/UM’L Type or Print Name Signature 124132876.1