Answer Unlimited Fee AppliesCal. Super. - 6th Dist.April 29, 2021UD-105 AUORNEY 0R PARTY \MTHOUT ATTORNEY STATE BAR NUMBER: NAME Dong Wook Shin FIRM NAME: STREETADDRESS: 2051 El Camino Real. Suite 101 CITY: Palo Alto STATE: CA ZIP cone 94306 TELEPHONE No.2 41 5-271-4020 FAX N0: E.MAILADDRESS: ATTORNEY FOR (name): In Proper FOR COURT USE ONLY FELED r2821 rm [u A 8. 23 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA 0C L'ff‘i Q1? 3‘9; 5,30 URT smemnoaess; 191 North First Street ”,HiEfwr‘,f'"‘-'iv;“‘§lfi‘ QFF’.‘ MAILING ADDRESS: 9‘5)“ “ '3 m t-H'b‘ IA}:- ”RA CITYANDZIPCODE San Jose 95113 D1" ~ BRANCH NAME: San Jose Judicial District L QUP-C PLAINTIFF: M&E Enterprises, Inc. DEFENDANT: Dong Wook Shin. individuaHy and dba CardinaI Sushi. Woogie FoodService. Inc. CASE NUMBER: ANSWER-UNLAWFUL DETAINER 21 CV381 302 1. Defendant (all defendants for whom this answer 1's fired must be named and must sign this answer unless their attorney signs): DongWookShin Trwkvzdefl drug Lu-fimeu CAL (WJH‘J Susi]; answers the complaint as follows: 2. DENIALS (Check ONLY ONE of the next two boxes.) a. E General Denial (D0 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-Unlawfu/ Detainer (form UD-1 01 ). b. E Specific Denials (Check this box and compIete (1) and (2) beiow if complaint demands more than $1,000.) Defendant admits that all ofthe statements of the complaint and of the Mandatory Cover Sheet and Supplemental Allegaflons-UnlaMul Detainer (form UD-1 01) are true EXCEPT: (1) Denial of Allegations in Complaint (Form UD-100 or Other Complaint for Unlawful Detainer) (a) Defendant claims the following statements 0f the complaint are false (state paragraph numbers from the complaint or explain below or, if more room needed, on form M0025):E Explanation is on form MC-025, titled as Attachment 2b(1)(a). COMPLAINT PARAGRAPH V1 (b) Defendant has no information or beliefthat the following statements ofthe complaint are true, so defendant denies them (state paragraph numbers from the compIaint or explain be!ow or, if more room needed, on form M0025):E Explanation i5 on form MC-025, titled as Attachment 2b(1)(b). COMPLAINT PARAGRAPH l, IV, IX. and X (2) Denial of Allegations in Mandatory Cover Sheer and Supplemental Allegations-Unlawful Detainer (form UD-1 01) (a) E Defendant did not receive plaintiffs Mandatory Cover Sheet and SuppfementaIAflegations (form UD-101). (If not checked, complete (b) and (0).) (b) Defendant claims the following statements on the Mandatory Cover Sheet and SupplementalAllegations-Unlawful Detainer (form UD-1 01 ) are faise (state paragraph numbers from form UD-101 or explain below or, ifmore mom needed, on form MC-025): E Explanation is on form MC-025. titled as Attachment 2b(2)(b). (C) Defendant has no information or beliefthat the following statements on the Mandatory Cover Sheet and Supplemental Allegafions-Unlawful Detainer (form UD-1 01) are true, so defendant denies them (state paragraph numbers from form UD-101 or explain befow or, ifmore room needed, on form MC-025):E Explanation is on form MC-025, titled as Attachment2b(2)(c). §§$flifi987???“ ANSWER-UNLAWFUL DETAINER UD-105 [Rev. February 16, 2021] Page1 of 5 CM Code, § 1940 et seq; Code ofCivfl Procedure, §§ 425.12. 1161 81 seq, 1179,01 et seq. wuw.courls.ca.gov UD-1 05 CASE NUMBER 21 CV381 302 3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state bn'ef facts to support it in item 3t (on page 3) or, if more room is needed, on fonn MC-025. You can Ieam more about defenses and objections at www. courts. ca. aov/selflwelp-ew'ction‘hrm ,) a. b. i. j. k. l. I EDS D Um (Nonpaymenr of rent only) Plaintiff has breached the warranty to provide habitable premises. (Nonpayment ofrenr only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. (Nonpayment ofrent only) On (date): before the notice to pay or quit expired. defendant offered the rent due but plaintiff would not accept it. Plaintiff waived. changed, or canceled the notice to quit. Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant. 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. Plaintiff‘s demand for possession violates the local rent control or eviction control ordinance of (oily or county, title of ordinance, and dare ofpassage): Santa Clara County, Ordinance NS-9.287 (3/24/2020) & No. NS-9.299 (3/23/2021). (Also, briefly state in item 3t the facts showing violation of the ordinance.) Plaintiffs 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 at! that apply and briefly state in item 3t the facts that support eaoh‘) D (1) E Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate. (2) E Plaintiff failed to provide an opportunity to cure any alleged violations ofterms and conditions of the lease (other than payment 0f 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) |:| 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.E Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.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, orpolice report that is not more than 180 days ofd; OR (2) a signed statement from a qualified third party (9.9., a doctor, domestic violence or sexual assault counselor, human trafficking caseworker, or psychologist) concerning the injuries or abuse resulting from these acts).)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, 0r an individual in an emergency when defendant or the other person believed that assistance was necessary.E Plaintiffs 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)‘) . E Plaintiffs demand for possession ofa 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 COVlD-19 Tenants Relief Act as required by Code of Civil Procedure section 11 79.04. (2) E Plaintiff did not serve the required 15-day notice. (Code Ci'v. Proc., § 1179.03(b) or (0).) (3) E Plaintiff did not provide an unsigned declaration of COVlD-1 9-reiated 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-re1ated 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(Febmary 16.2021] ANSWER_UNLAWFUL DETAINER Pagezufs UD-1 05 CASE NUMBER: 2 1CV381 302 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 deiivered to plaintiff one or more declarations of COVlD-1 9-related financial distress. (Code Civ. Proc.. § 1179.03(f).) (Describe when and haw delivered and check all otheritems below that apply): (b) E Plaintiffs demand for payment includes late fees on rent or other financial obligations due between March 1. 2020, and June 30, 2021. (c) E Plaintiffs 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 thatwere demanded in the termination notices for which defendant delivered the declarations described in (a). (Code Civ. Proc.. § 1179.03(g)(2).) (7) E Defendant i5 currently filing or has aiready filed a declaration of COVID~‘I 9-reIated financial distress with the court. (Code Civ. Proc.. § 1179.03(h).) n. E (For cases filed before July 1, 2021) Plaintiffs 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 vioiated the COVlD-19 Tenant Relief Act (Code Civ. Proc.. § 1179‘01 et seq) or a local COVlD-19 -related 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 plaintiffs reason for termination ofthe tenancy is éne that the temporary halt in evictions applies to. (Describe when and how provided): q. E Plaintiff violated the federai CARES Act. because the property is covered by that act and (check alt that apply): (1) D The federally backed mortgage on the property was in forbearance when plaintiff brought the action. (15 U.S.C. § 9057.) (2) D The plaintiff did not give the required 30 days' notice. (15 U.S.C. § 9058(0).)D Plaintiff improperly applied payments made by defendant in a tenancy that was in existence between March ‘I, 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 app1ied a monthiy rental payment to COVlD-1 9-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 [Rem February 16, 2021] ANSWER-UNLAWFUL DETAINER ‘ Page a or 5 UD-1 05 CASE NUMBER 21 CV381 302 t. (Provide facts for each item checked above, either below or, ifmore room needed, on form MC-025):E Description of facts or defenses are on form MC-025. titled as Attachment 3t. Paragraph 3(d) & 3(9): Under Santa Clara County's Ordinance NS-9.287 (3124(2020) 8. No. NS-9.299 (3/23/2021), Landlord must send to Tenant 'Required statement of reason for termination 0f tenancy or eviction and notice of small business tenants” rights.‘ But the Landlord sent outdated version ofthe statement and failed to provide an updated version (3/23/2021 ) of statement to the Tenant. and thus misled the Tenant into believing the protection for small business under the Ordinance a1ready expired. On 4/30/2021 Tenant timely mailed to Landlord the completed and signed Declaration of COVlD-‘IQ-related financial distress in compliance with Santa Clara County Ordinance NS-9.287 (3/24/2020) & N0. NS-9.299 (3123/2021). According to the Ordinance, Landlord can not start an eviction process against a small business until County's Eviction Moratorium expires since the Tenant timely provided the completed and signed Declaration of COVID-19‘related financial distress to the Landlord. 4. OTHER STATEMENTS a. b. E Defendant vacated the premises on (date): E The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on form M0025):E Explanation is on form M0025. tifled as Attachment 4b4 The fair rental value of the premises is only $50 per day. Other (specify below or, ifmore room needed, on form M0025):E Other statements are on form MC-025, titled as Attachment 4c. The Tenant could not pay the rent due to the severe loss of business during Covid-19 pandemic. Under section 1511 of CA Civil Code. the Tenant's payment of rent can be excused or delayed by an irresistible. superhuman cause. 1 5. DEFENDANT REQUESTS a. bV c. d ('D that plaintiff take nothing requested in the complaint. costs incurred in this proceeding.E reasonable attorney fees.E that plaintiff be ordered to (1) make repairs and correct the conditions that constitute 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 Other (specify below or on form M0025):D All other requests are stated on form MC-025, titled as Attachment 5e. Dismiss plaintiff‘s compIaint, 6. Number of pages attached: LO UWEIRW Febwawe- 20211 ANSWER-UNLAWFUL DETAINER mum's UD-105 CASE NUMBER 21 CV381302 UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-641 5) T. (Must be completed in ali cases.) An unlawful detainer assistant E did not E did for compensation give advice or assistance with this form. (If defendant has received any help or advice forpay from an unlawful detainer assistant, stare): a. Assistant's name: b. Teiephone 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 b9 named in item 1 and must sign this answer unless defendant’s attomey signs.) Dong Wook Shin (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR MTORNEY) (TYPE OR PRINT NAME) (SlGNATURE OF DEFENDANT OR A'ITORNEY) VERIFICATION (Use a difierent verification form if the verification is by an artomey or for a corporation or partnership.) I am the defendant in this proceeding and have read this answer. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 5/1 3/2021 Dong Wook Shin v {v 1 A(TYPE OR PRINT NAME) [SIGNATURE OF DEFENDANT) UD-105 [Rev. February 1B, 2021] ANSWER_UNLAWFUL DETAINER Page 5 o! 5
