Request Court Order Small ClaimsCal. Super. - 6th Dist.May 15, 2020Request for Court Order and AnswerSC -1 O5 _ Clerk stamps date here when form is filed. (Small Claims) Request This form is used to ask the court t0 make an order before or after the trial in a Elecu'onically Filed small claims case. The court Will notify all plaintiffs and defendants in this by Superior Court Of CA, case about its decision by mail, at the trial, 0r at a hearing (depending on When County Of Santa Clara, the requeSt i5 fi1€d)- on 10/9/2020 11:42 AM If you are the person asking the court to make an order, ask the Reviewed By; D_ pinheiro Small Claims Advisor if this is the right form for the kind of order you want. If case #203c033356 s0, follow these steps: Envelope: 5082437 o Fill out page 1 0f this form and file it at the clerk's office. o Ifyou are making this request before your trial, you must mail (or Fill in coun‘ name and street address: deliver in person) a copy of this form to all other plaintiffs and defendants Superior Court of California, County of in your case. Exception: If the plaintiff” s claim has not been served, you do Santa Clara not have t0 serve this request 0n the other plaintiffs and defendants in your case. Small Claims Division o Ifyou are making this request after the judge has decided your case, the 191 N- FirSt clerk Will mail a copy of this form to all other plaintiffs and defendants in sari JOSC: CA your case. The court Will give the other plaintiffs and defendants at least 10 95 1 13 days t0 answer this Request, Fill in your case number and case name below: If ou receive this form, read below, then fill out® -. 0n page 2. Case Number: GB The person asking the court to make an order is: 205C083356 CD @GD G) Q) Name: Airbnb, Inc. 2:59 Name} A. b b I Address: 888 Brannan Street, 4th Floor, San Francisco, CA 94013 ooamerl V' 1r n ’ nc- Check one: g A defendant in this case D A plaintiff in this case D Other (explain): Notice t0: (List names and addresses ofall other defendants andplaintiffs in your case.) Name Address a. Farid Abooameri 5927 Exeter Court, San Jose, CA 95 138 b. c. D Check here ifyou need more Space. Use Form MC-03I 0r a plain sheet ofpaper. Write "SC-I 05, Item 2 " 0n top. If your request is made before the trial and after the claim was served, fill out below: I E mailed D delivered in person a copy ofthis form t0 everyone listedin® 0n (date): 10/09/20 I ask the court to make the following order (speczfi): Airbnb, Inc. requests that the Court dismiss Plaintiff‘s claim because Plaintiff has already received the monies he is seeking in this lawsuit. In the alternative, Airbnb requests that the Court allow its representative to appear by telephone at the scheduled hearing and any other proceedings in this matter. D Check here ifyou need more Space. Use Form MC-03I 0r a plain sheet ofpaper. Write "SC-I 05, Item 3 " 0n top. I aSk fOl' this order because (explain and givefacts ofyour case here): In his complaint, Plaintiff is seeking a refund 0f $408.90 for an Airbnb reservation that he cancelled. Airbnb has discovered that Plaintiff initiated a chargeback dispute for his refund, which he won, and has already received his refund. Please see Attachment 4 for additional information. g Check here ifyou need more Space. Use Form MC-03I 0r a plain sheet ofpaper. Write "SC-I 05, Item 4 ” 0n top. In making its order, I ask the court to consider the information on this form, any records on file, and, if the court holds a hearing, the evidence presented at that hearing. I declare under penalty of perjury under California state law that the information above and on all attachments is true and correct. Date: October 9, 2020 J. Summerfield for Airbnb, Inc. > /s/ J. Summerfield Type orprint your name Sign your name :{Z‘flgggfigflgflffiFggggfnggtm-:‘flma-W Request for Court Order and Answer $9405! Page 1 °f2 Code of Civil Procedure, §§ 116.130(h); California Rules of Court, rule 3.2107 (small Claims) American LegalNet, Inc. www.FormsWorkf/ow.com Request for Court Order and AnswerSC'1 05 (Small Claims) Answer The person listed in G) on page 1 of this form has asked the court to make an order in your small claims case. Follow these steps to tell the court what you want to do about this request: o Read pa e 1 t0 see What the person in® is asking for. o Fill outé o Mail your completed form to the court right away. - below. Clerk stamps date here when form is filed. Fi/I in court name and street address:o ail a copy 0f this form t0 each plaintiff and defendant listed in® and on page 1 0f this form. The court Will mail its decision to all plaintiffs and defendants in this case or Will make a decision at a court hearing or trial. If ou d0 nothing, the court may make the order without hearing from you. é The person filing this answer is: Superior Court of California, County of Name: Fill in your case number and case name below. Address: Check one: D A defendant in this case D A Plaintiff in this case Tell the court what you want to do about this request. (Check all that apply): a. D I agree t0 the order requested in® . Case Number: Case Name: b. D I d0 not agree t0 the order requested in® (Explain below.) D Check here ifyou need more space. Use Form MC-031 0r a plain Sheet ofpaper. Write "SC-I 05, Item 8" 0n top. c. D I ask the court to have a hearing t0 decide this matter. 66> true and correct. I mailed a copy of this form t0 everyone listed in® and® 0f this form 0n (date): I declare under penalty 0f perjury under California state law that the information above and 0n all attachments is Date: b Type orprint your name Sign your name Need heIp? Ifthe request 0n page 1 was made after the hearing, For free help, contact your county's Small the Clerkfills 0W below- Claims Advisor: - Clerk's Certificate 0f Mailing- I certify thatI am not involved in this case and (check one): D A Certificate ofMailing is attached. 01., g0 t0 "County_specific Court Information" at D The Requestfor Court Order and Answer was www.courtinfo.ca.g0v/selfhelp/smallclaims malled firSt 01335, POStage Palda t0 311 Partles at the addresses listed in . On (date): From (city): , California Clerk, by , Deputy Revised January 1' 2°07 Request for Court Order and Answer 30-105, Page 2 0f 2 (Small Claims) American LegalNet, Inc. www.FormsWorkflow.com SC-1 05 Item 4 October 9, 2020 Superior Court of California County of Santa Clara Small Claims Division 191 North First Street San Jose, CA 95113 RE: Farid Abooameri v. Airbnb, Inc. Small Claims Case Number: 2080083356 To the Honorable Court: | am writing on behalf of Airbnb, Inc. ("Airbnb"), the named Defendant in the matter referenced above to request that this court dismiss Plaintiff Farid Abooameri's complaint in this matter, Case Number 2080083356, currently scheduled for October 14, 2020 at 8:30AM PST. On May 15, 2020, Mr. Abooameri filed his complaint in this court seeking a refund of $408.90 for a trip that he cancelled allegedly due to the coronavirus pandemic. (See Complaint, Exhibit A.) Airbnb is not legally obligated to pay a refund to Mr. Abooameri. On May 20, 2020, Mr. Abooameri initiated a chargeback dispute with his financial institution to obtain his refund, which he has since won. Mr. Abooameri received his refund through the chargeback process for $408.90 on August 12, 2020. (See Exhibit B.) Accordingly, Mr. Abooameri's claim for damages against Airbnb has been satisfied and Airbnb respectfully requests that the court dismiss Mr. Abooameri's Complaint. Airbnb wishes to reiterate that it is not able to have a representative appear in person on its behalf in this small claims hearing. To protect our employees from the risk of infection from the COVlD-19 global pandemic, all Airbnb employees are working remotely and all business-related travel has been suspended. To the extent that the Court wishes either Airbnb or Mr. Abooameri to address the issues in this motion, or proceed with the hearing as scheduled, Airbnb respectfully requests that the Court allow it’s employee representative to appear by telephone in this matter. Thank you for your consideration. Best Regards, /s/ J. Summerfield J. Summerfield for Airbnb, Inc. Airbnb Legal 14755112.1:05000-0683 EXHIBIT "A" Plaintiff's Claim and ORDER to Go to Small Claims Court Notice to the person being sued: You are the defendant if your name is listed in® 0n page 2 of this form. The person suing you is the plaintiff, listed in® 0n page 2. You and the plaintiff must g0 t0 court 0n the trial date listed below. Ifyou d0 not g0 t0 court, you may lose the case. Ifyou lose, the court can order that your wages, money, 0r property be taken t0 pay this claim. Bring Witnesses, receipts, and any evidence you need t0 prove your case. Read this form and all pages attached t0 understand the claim against you and t0 protect your rights. Aviso al Demandado: Usted es el Demandado si su nombre figura en® de 1a pégina 2 de este formulatio. La persona que 10 demanda es el Demandante, 1a que figura en CD de 1a pégina 2. Usted y el Demandante tienen que presentarse en 1a corte en 1a fecha del juicio indicada a continuacién. Si n0 se presenta, puede perder el caso. Si pierde el caso 1a corte podria ordenar que le quiten de su sueldo, dinero u otros bienes para pagar este reclamo. Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso. Clerk stamps date here when form is filed. IEIectronically Filed by Superior Court of CA, County of Santa Clara, on 5/1 5/2020 11:16 PM |Reviewed By: D. Pinheiro Case #208C083356 IEnvelope: 4345427 Fill in court name and street address: Superior Court of California, County of Santa Clara Downtown Superior Court 191 North First Street San Jose, CA 951 13 Court fills in case number when form is filed. Case Number: 2080083356 Case Name: farid abooameri v. Airbnb, Inc. Lea este formulario y todas las péginas adjuntas para entender 1a demanda en su contra y para proteger sus derechos. Order to Go to Court The people in Q) and ® must go to court: (Clerkfills outsectz‘on below.) .-> Date Time Department Name and address 0f court, if different from above Date 1. 08/1 8/20 8:30 am 14 2. 3. Date; 5/28/2020 Clerk, by D. Pinheiro a Deputy Instructions for the person suing: You are the plaintiff. The person you are suing is the defendant. Before you fill out this form, read form SC-lOO-INFO, Informationfor the Plaintiff, t0 know your rights. Get SC-lOO- INFO at any courthouse 0r county law library, 0r g0 t0 www.courts.ca.g0v/smallclaims/f0rms. Fill out pages 2 and 3 0f this form. Then make copies 0f all pages 0f this form. (Make one copy for each party named in this case and an extra copy for yourself.) Take 0r mail the original and these copies t0 the court clerk’s office and pay the filing fee. The clerk Will write the date 0fyour trial in the box above. You must have someone at least 18-n0t you 0r anyone else listed in this case-give each defendant a court-stamped copy 0f all five pages 0f this form and any pages this form tells you t0 attach. There are special rules for “serving,” 0r delivering, this form t0 public entities, associations, and some businesses. See forms SC-104, SC-104B, and SC-104C. G0 t0 court 0n your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case. Judicial Council of California, www.courts.ca.gov Plaintiff's Claim and ORDER 30-100, Page 1 of5 Revised January 1, 2020, Mandatory Form Code of Civil Procedure, §§ 116.1 10 et seq., 9to Go to Small Claims Court 116.220(c), 116.340(g) (Small Claims) Generated by Guide and File Plaintiff (list names): Case Number: 2080083356 farid abooameri Q) The plaintiff (the person, business, or public entity that is suing) is: Name: farid abooameri Phone: 408-504-5592 Street address: 5927 Exeter Court san jose, CA 95138 Street City State Zip Mailing address (zfdifferent): Street City State Zip If more than one plaintiff, list next plaintiff here: Name: Phone: Street address: Street City State Zip Mailing address (ifdiflerent): Street City State Zip U Check here ifmore than two plaintiffs and attachform SC-IOOA. D Check here ifeitherplaintifi’listed above is doing business under afictitious name. Ifso, attachform SC-103. D Check here ifany plaintiffis a ”licensee” 0r “deferred deposit originator” (payday lender) under Financial Code sections 23000 et seq. ® The defendant (the person, business, or public entity being sued) is: Name: Airbnbs 1110- Phone: 855-424-7262 Street address: 888 Brannan Street San Francisco, CA 94103 Street City State Zip Mailing address (ifdifferent): Street City State Zip If the defendant is a corporation, limited liability company, or public entity, list the person or agent authorized for service of process here: Name; Kaitlyn Mannix, Becky DeGeorge, Koy Saechao Job title, if known; Authorized Employee Address: 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833 Street City State Zip D Check here ifyour case is against more than one defendant, and attachform SC-IOOA. D Check here ifanv defendant is 0n active militarv dutv. and write his 0r her name here: ® The plaintiff claims the defendant owes $ $408.90 . (Explain below).- a. Why does the defendant owe the plaintiffmoney? Made reservation and paid $430.85. Had to cancel the trip due Corona Virus pandemic. Airbnb returned $21 .95. The remaining balance is $408.90. Trip cancellation was due to the pandemic and was not in my control. When did this happen? (Date): 3/7/2020 b. If n0 specific date, give the time period: Date started.“ Through: c. How did you calculate the money owed t0 you? (D0 not include court costs 0r fees for service.) Paid $430.85. Airbnb returned $21.95. Remaining is $408.90. D Check here ifyou need more space. Attach one sheet Ofpaper orform MC-031 and write “SC-I 00, Item 3 ” at the top. ReVisedJanua’y1'2020 Plaintiff’s Claim and ORDER to Go to Small Claims Court 30'1””, P3992“ (Small Claims) 9 Plaintiff (list names): Case Number: 2080083356 farid abooameri Q) You must ask the defendant (in person, in writing, or by phone) to pay you before you sue. If your claim is for possession of property, you must ask the defendant to give you the property. Have you done this? Yes D N0 If no, explain Why not: @ Why are you filing your claim at this courthouse? This courthouse covers the area (check the one that applies): a. (1) Where the defendant lives 0r does business. (4) Where a contract (written 0r spoken) was made, (2) Where the plaintiff s property was damaged. signed, performed, 0r broken by the defendant 0r (3) Where the plaintiff was injured. Where the defendant lived 0r did business When the defendant made the contract. b. Q Where the buyer 0r lessee signed the contract, lives now, 0r lived When the contract was made, if this claim, is about an offer 0r contract for personal, family, 0r household goods, services, 0r loans. (Code Civ. Proc., § 395(b).) c. Q Where the buyer signed the contract, lives now, 0r lived When the contract was made, if this claim is about a retail installment contract (like a credit card). (Civ Code, § I812. I 0.) d. Q Where the buyer signed the contract, lives now, 0r lived When the contract was made, 0r Where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civ Code, § 2984.4.) e. D Other (specifiz): List the zip code of the place checked in @ above (ifyou know): 95138 ls your claim about an attorney-client fee dispute? D Yes No Ifyes, and ifyou have had arbitration, fill outform SC-IOI, attach it t0 thisform, and check here: D Are you suing a public entity? D Yes No Ifyes, you mustfile a written claim with the entilyfirst. D A claim was filed 0n (date): Ifthe public entity denies your claim 0r does not answer within the time allowed by law, you canfile thisform. Have you filed more than 12 other small claims within the last 12 months in California? D Yes N0 Ifyes, thefilingfeefor this case will be higher. ls your claim for more than $2,500? D Yes No Ifyes, I have notfiled, and understand that I cannotfile, more than two small claims casesfor more than $2,500 in California during this calendar year. I understand that by filing a claim in small claims court, I have no right to appeal this claim. I declare, under penalty 0f perjury under California State law, that the information above and 0n any attachments t0 this form is true and correct. Date; 5/1 512020 Farid Abooameri ’m/ Farid Abooameri Plaintifi’types orprints name here Plaintiffsigns here Date: Secondplaintifftypes orprints name here Secondplaintiflsigns here Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, 0r sign language interpreter services are available ifyou ask at least five days before the trial. Contact the clerk’s office for form MC-410, RequestforAccommodations by Persons With Disabilities and Response. (Civ. Code, § 54.8.) RevisedJanua'y1'2020 Plaintiff’s Claim and ORDER to Go to Small Claims Court 30-100! Page 3°f5 (Small Claims) 9 14755112.1:05000-0683 EXHIBIT "B" Abooameri v. Airbnb, Inc. Chargeback Dispute Data Airbnb Lost; Abooameri Credited by Financial Institution Dispute Information Amount Accnphd Dilpun ID Racoiud Dm Lin Updmd Dispulod AmountWon Kind Rnsnn Sum: Diapulnd Al At May 20, August 1 2, Pm: Credit Not June 13, 442xfw84448w36wy 2020 2020 -$4OB.9D USD $0.00 USD arbi‘ration Processed Lost 2020 WOOD, SMITH, HENNING & BERMAN LLP Attorneys at Law 501 WEST BROADWAY, SUITE 1200 SAN DIEGO, CALIFORNIA 92101 TELEPHONE 619-849-4900 o FAX619-849-4950 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Abooameri V. Airbnb Santa Clara Small Claims Case N0. 20$C083356 I am employed in the County of San Diego, State of California. I am over the age of eighteen years and not a party t0 the within action. My business address is 501 West Broadway, Suite 1200, San Diego, CA 92101. On October 9, 2020, I served the following document(s) described as DEFENDANT'S REQUEST FOR COURT ORDER AND ANSWER AND ATTACHED SUPPORTING STATEMENT, on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: Iplaced true copies 0f the foregoing document(s) enclosed in sealed envelopes addressed as shown on the Service List. I am “readily familiar” with Wood, Smith, Henning & Berman’s practice for collecting and processing correspondence for mailing With the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing With postage thereon fully prepaid at San Diego, California, on that same day following ordinary business practices. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed 0n October 9, 2020, at San Diego, California. Kate M. Baker 15782087.1 :1 1675-0050 WOOD, SMITH, HENNING & BERMAN LLP Attorneys at Law 501 WEST BROADWAY, SUITE 1200 SAN DIEGO, CALIFORNIA 92101 TELEPHONE 619-849-4900 o FAX619-849-4950 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Farid Abooameri 5927 Exeter Court San Jose, CA 95138 Tel: (408) 504-5592 Plaintiff 15782087.1 :1 1675-0050 SERVICE LIST Abooameri v. Airbnb Santa
