Answer Unlimited Fee AppliesCal. Super. - 6th Dist.April 29, 2021UD-1 05 ATTORNEY 0R PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 203747 NAME: Seth W. Wiener FIRM NAME: Law Offices of Seth W. Wiener STREET ADDRESS: 609 Karina Court CITY; San Ramon STATE: CA ZIP CODE: 94582 TELEPHONE No.: (925) 487-5607 FAX No.: (925) 828-8648 E-MAIL ADDRESS: seth@sethwienerlaw.com ArrORNEY FOR (name).- Supercuts, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS; CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/17/2021 2:56 PM Reviewed By: M Vu Case #21 CV381300 Envelope: 6459059 PLAINTIFF: Weingarten Realty Investors DEFENDANT: Supercuts, Inc. ANSWER-UNLAWFUL DETAINER CASE NUMBER: 21 CV381 300 1. Defendant (all defendants for whom this answer is filed must be named and must sign this answer unless their attorney signs): Supercuts, Inc. answers the complaint as follows: 2. DENIALS (Check ONLY ONE of the next two boxes.) a. E General Denial (Do not check this box if the complaint demands more than $1,000.) Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer (form UD-1 01 ). b. E Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.) Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer (form UD-101) are true EXCEPT: (1) Denial of Allegations in Complaint (Form UD-1 00 or Other Complaint for Unlawful Detainer) (a) Defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or explain below or, ifmore room needed, on form MC-025):E Explanation is on form MC-025, titled as Attachment 2b(1 )(a). (b) Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them (state paragraph numbers from the complaint or explain below or, ifmore room needed, on form MC-025):E Explanation is on form MC-025, titled as Attachment 2b(1)(b). 12, 13 (2) Denial of Allegations in Mandatory Cover Sheet and Supplemental AIIegations-Unlawful Detainer (form UD-101) (a) E Defendant did not receive plaintiff‘s Mandatory Cover Sheet and Supplemental Allegations (form UD-101). (If not checked, complete (b) and (0).) (b) Defendant claims the following statements on the Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer (form UD-1 O1) are false (state paragraph numbers from form UD-101 or explain below or, ifmore room needed, on form MC-025): E Explanation is on form MC-025, titled as Attachment 2b(2)(b). (C) Defendant has no information or belief that the following statements on the Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer (form UD-101) are true, so defendant denies them (state paragraph numbers from form UD-101 or explain below or, ifmore room needed, on form MC-025):E Explanation is on form MC-025, titled as Attachment 2b(2)(c). ESQEiQpé’L‘LVn‘Z‘fiLi'fli’fi?“ ANSWER-UNLAWFUL DETAINER UD-105 [Rev. February 16, 2021] Page 1 of5 Civil Code, § 1940 et seq.; Code of Civil Procedure, §§ 425.12, 1161 etseq., 1179.01 etseq. www.courts.ca.gov UD-1 05 CASE NUMBER: 21 CV381 300 3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts to support it in item 3t (on page 3) or, if more room is needed, on form MC-025. You can learn more about defenses and objections at www.courts.ca. qov/selfhelp-eviction.htm .) a. E (Nonpayment ofrent only) Plaintiff has breached the warranty to provide habitable premises. b. E (Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. C. E (Nonpayment of rent only) On (date): before the notice to pay or quit expired, defendant offered the rent due but plaintiff would not accept it. d. E Plaintiff waived, changed, or canceled the notice to quit. e. E Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant. f E By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the defendant in violation of the Constitution or the laws of the United States or 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 ofpassage): Santa Clara County Ordinance No. NS-9.299, date of passage March 23, 2021 (Also, briefly state in item 3t the facts showing violation of the ordinance.) h_ E Plaintiff‘s demand for possession is subject to the Tenant Protection Act of 2019, 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 3t the facts that support each.) (1) E Plaintiff failed 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 ofthe 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) E Plaintiff has raised the rent more than the amount allowed under Civ. Code, § 1947.12, and the only unpaid rent is the unauthorized amount. (5) E Plaintiff violated 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. E Plaintiff seeks 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 the following: (1) a temporary restraining order, protective order, or police report that 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. E 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 of a residential property is in retaliation for nonpayment of rent or other financial obligations due between March 1, 2020, and June 30, 2021, even though alleged to be based on other reasons. (Civ. Code, § 1942.5(d).) m. E Plaintiff‘s demand for possession of a residential property is based on nonpayment of rent or other financial obligations due between March 1, 2020, and June 30, 2021, and (check all that apply): (1) E Plaintiff did not serve the general notice of rights under the COVID-19 Tenants Relief Act as required by Code of Civil Procedure section 1179.04. (2) E Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (0).) (3) |:| Plaintiff did not provide an unsigned declaration of COVlD-19-related financial distress with the 15-day notice. (Code Civ. Proc., § 1179.03(d).) (4) E Plaintiff did not provide an unsigned declaration of COVlD-19-related financial distress in the language in which the landlord was required to provide a translation ofthe rental agreement. (Code Civ. Proc., § 1179.03(d).) UD-105 [Rev. February 16, 2021] ANSWER-UNLAWFUL DETAINER Page2 of5 UD-1 05 CASE NUMBER: 21 CV381 300 m. (5) E Plaintiff identified defendant as a “high-income tenant” in the 15-day notice, but plaintiff did not possess proof at the time the notice was served establishing that defendant met the definition of high-income tenant. (Code Civ. Proc., § 1179.02.5(b).) (6) (a) E Defendant delivered to plaintiff one or more declarations of COVID-19-related financial distress. (Code Civ. Proc., § 1179.03(f).) (Describe when and how delivered and check all other items below that apply): (b) E Plaintiff's demand for payment includes late fees on rent or other financial obligations due between March 1, 2020, and June 30, 2021. (c) E Plaintiff's demand for payment includes fees for services that were increased or not previously charged. (d) E (For cases filed after June 30, 2021) Defendant, on or before June 30, 2021, paid or offered plaintiff payment of at least 25% of the total rental payments that were due between September 1, 2020, and June 30, 2021, and that were demanded in the termination notices for which defendant delivered the declarations described in (a). (Code Civ. Proc., § 1179.03(g)(2).) (7) E 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).) n. E (For cases filed before July 1, 2021) Plaintiff's demand for possession of a residential tenancy is based on a reason other than nonpayment of rent or other financial obligations, and plaintiff lacks just cause for termination of the tenancy, as defined in Civil Code section 1946.2(b) or Code of Civil Procedure section 1179.03.5(a)(3)(A). o. E Plaintiff violated the COVID-19 Tenant Relief Act (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 3t). p. E Defendant provided plaintiff with a 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 55292 at 55297), and plaintiff's reason for termination of the tenancy is one that the temporary halt in evictions applies to. (Describe When and how provided): q. E Plaintiff violated the federal CARES Act, because the property is covered by that act and (check all that apply): (1) E The federally backed mortgage on the property was in forbearance when plaintiff brought the action. (15 U.S.C. § 9057.) (2) E The plaintiff did not give the required 30 days' notice. (15 U.S.C. § 9058(0).) r. E Plaintiff improperly applied payments made by defendant in a tenancy that was in existence between March 1, 2020, and June 30, 2021, as follows (check all that apply): (1) E Plaintiff applied a security deposit to rent due without tenant’s written agreement. (2) E Between March 1, 2020, and June 30, 2021, plaintiff applied a monthly rental payment to COVID-19-related debt other than to the prospective month’s rent, without tenant’s written agreement. s. E Other defenses and objections are stated in item 3t. UD-105 [Rev. February 16, 2021] ANSWER_UNLAWFUL DETAINER Page 3 of 5 UD-1 05 CASE NUMBER: 21 CV381 300 t. (Provide facts for each item checked above, either below or, if more room needed, on form MC-025): Description of facts or defenses are on form MC-025, titled as Attachment 3t. The purpose of the Lease has been frustrated by COVID-19. Performance ofthe Lease has been rendered impossible or commercially impractical by COVID-19. Plaintiff lacks standing to bring this action as the real party in interest is a trustee, and not Weingarten Realty Investors. Plaintiff's claims are barred by the doctrine of unclean hands. Plaintiff's claims are barred by the doctrine of Iaches. Plaintiff has failed to mitigates its damages, if any. @P‘PP‘JN.‘ 4. OTHER STATEMENTS a. E Defendant vacated the premises on (date): b. The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on form MC-025):E Explanation is on form MC-025, titled as Attachment 4b. The premises is 1,330 square feet, and the average rental rate for commercial properties is currently $2.45 per square foot per month in San Jose, California. Therefore, the fair rental value of the premises is approximately $3,258.50 per month. c. E Other (specify below or, if more room needed, on form MC-025):E Other statements are on form 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. reasonable attorney fees. d. E that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach ofthe warranty to provide habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected. . E Other (specify below or on form MC-025):E A|| other requests are stated on form MC-025, titled as Attachment 5e.CD 6. Number of pages attached: j UD-105 [ReV. February 16, 2021] ANSWER_UNLAWFUL DETAINER Page 4 Of5 UD-1 05 CASE NUMBER: 21 CV381 300 UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-641 5) 7. (Must be completed in all cases.) An unlawful detainer assistant 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 number: c. Street address, city, and zip code: d. County ofregistration: e. Registration number: f. Expiration date: (Each defendant for whom this answer is filed must be named in item 1 and must ign this answer unless defendant's attorney signs.) Seth W. Wiener ’ wW (TYPE 0R PRINT NAME) \\/ (SIGNATURE 0F DEFENDANT 0R ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) | am the defendant in this proceeding and have read this answer. | 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. February 16, 2021] ANSWER_UNLAWFUL DETAINER Page 5 of 5 VERIFICATION 2 I, Scott Sullivan, state that I am the Vice President, Law for Defendant Supercuts, Inc., and I am 3 authorized to make this Verification on its behalf. 4 I have read the document titled ANWER - UNLAWFUL DETAINER, and know its contents to 5 be true except for those matters based on information and belief, and as to those matters, I believe them 6 to be true. 7 I declare under the penalty of perjury under the laws of the State of California that the foregoing 8 is true and correct. 9 10 Dated: May 17, 2021 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Verification - Page I
