STATE BAR NUMBER 81297
`
`STATE CA
`FAX NO
`
`ZIPCODE 94117 2111
`
`ATTORNEY OR PARTY WITHOUT ATTORNEY
`NAME ChnstopherA Nedeau
`FIRM NAME NEDEAU LAW PC
`STREET ADDRESS 154 Baker St
`CITY San Francnsco
`(415) 516-4010
`TELEPHONE No
`cnedeau@nedeaulaw net
`EMAIL ADDRESS
`ATTORNEY FORmame) MACE PERFORMANCE INC
`SUPERIOR COURT OF CALIFORNIA COUNTY OF BUTTE
`STREET ADDRESS 1775 Concord Avenue
`MAILING ADDRESS 1775 Concord Avenue
`CITY AND ZIP CODE ChlCO CA 95928
`BRANCH NAME North Butte County Courthouse
`PLAINTIFF Guardian Yards1 ChlCO LLC
`DEFENDANT Mace Performance Inc
`ANSWER—UNLAWFUL DETAINER
`
`FOR COURT USE ONLY
`
`Superlu
`Cdlrr'LIIIui.
`Cmnl'y of Butte
`4/20/2023
`
`I:
`
`L
`E
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`UD-105
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`F
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`|
`
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`E
`
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`
`Che-HI:
`
`#151th unfit?" nepmi,
`EEcraaLf-ca-w" FILED
`
`CASE NUMBER
`23UDOOQ43
`
`1. Defendant (all defendants for whom this answer is filed must be named and must sign this answer unless their attorney signs):
`MACE PERFORMANCE, 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.)
`
`b.
`
`Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental
`Allegations—Unlawful Detainer (form UD-101).
`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-100 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, if more room needed, on form MC—025):
`
`E Explanation is on form MC-025, titled as Attachment 2b(1)(a).
`
`6(a)(2): Does not reflect rental payment schedule.
`9(a)(5): Service was defective.
`10(a): Service of the 3-day notice was defective, as Plaintiff did not complete service as specified in 10(a)(3) or 10(5).
`
`(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, if more room needed, on form MC-025):
`
`E Explanation is on form MC-025, titled as Attachment 2b(1)(b).
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`13
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`(2) Denial of Allegations in Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101)
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`not checked, complete (b) and (c), as appropriate.)
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`(a) E Defendant did not receive plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101). (If
`(b) D Defendant claims the statements in the Verification required for issuance of summons—residential, item 3
`
`of plaintiffs Mandatory Cover Sheet and Supplemental Allegations (form UD-101), are false.
`(c) Defendant claims the following statements on the Mandatory Cover Sheet and Supplemental Allegations—Unlawful
`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): E Explanation is on form MC-ozs, titled as Attachment 2b(2)(c).
`
`Form Approved for Optional Use
`Judicial Council or Calitomla
`UD—105(Rev. April 14. 2022]
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`'
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`ANSWER—UNLAWFUL DETAINER
`
`Page 1 of 5
`Civil Code, § 1940 et seq;
`°°de °f
`Pr°°°durei §§ 42512
`11 1 et seq. 1179.01 et seq.
`WWW. Courts. Ca. gOV
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`.
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`

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`PLAINTIFF: Guardian Yards 1 Chico, LLC
`DEFENDANT: Mace Performance, Inc.
`
`CASE NUMBER:
`23UD00943
`
`UD-105
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`2. b.
`
`(2)
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`(d) Defendant has no information or belief that the following statements on the MandatOIy 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, if more room needed, on form MC—025):
`
`E Explanation is on form MC—025. titled as Attachment 2b(2)(d).
`
`3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts to support it in item 3w (on page 4) or, if
`more room is needed, on form MC-025. You can learn more about defenses and objections at
`www. courts. ca. gov/se/fheIQ-e viction. htm )
`
`a. E (Nonpayment of rent 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
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`before the notice to pay or quit expired, defendant offered
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`not give proper credit.
`(Nonpayment of rent only) On (date).'
`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.
`Plaintiffs demand for possession violates the local rent control or eviction control ordinance of (city or county, tit/e of
`ordinance, and date of passage):
`(Also, briefly state in item 3w the facts showing violation of the ordinance.)
`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 app/y and briefly state in item 3w the facts that support each.)
`
`h (
`
`C d
`
`h
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`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 of terms and conditions of the lease (other than
`(3) E Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d).
`(4) E Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid rent
`(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
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`payment of rent) as required under Civil Code section 1946.2(c).
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`is the unauthorized amount.
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`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 1'80 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).)
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`k. E Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,
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`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.
`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 September 30, 2021, even though alleged to be based on other reasons.
`(Civ. Code, § 1942.5(d); Gov. Code, § 12955.)
`
`l.
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`m. E Plaintiffs demand for possession of a residential property is based on nonpayment of rent or other financial obligations
`(1) E Plaintiff did not serve the general notice or notices of rights under the COVlD-19 Tenant Relief Act as required by
`(2) E Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).)
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`due between March 1, 2020, and September 30, 2021, and (check a/I that apply):
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`Code of Civil Procedure section 1179.04.
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`UD-105 [Rev April 14, 2022]
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`ANSWER—UNLAWFUL DETAINER
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`Page 2 of 5
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`

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`PLAINTIFF: Guardian Yards 1 Chico, LLC
`DEFENDANT: Mace Performance, Inc.
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`3. m.
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`Civ. Proc., § 1179.03(d).)
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`CASE NUMBER:
`23U D00943
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`UD-105
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`(3) E Plaintiff did not provide an unsigned declaration of COVID-19—related financial distress with the 15-day notice. (Code
`(4) E Plaintiff did not provide an unsigned declaration of COVlD-19—related financial distress in the language in which the
`(5) E Plaintiff identified defendant as a "high-income tenant" in the 15-day notice. but plaintiff did not possess proof at the
`(6) E Defendant delivered to plaintiff one or more declarations of COVlD-19—related financial distress and, if required as a
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`landlord was required to provide a translation of the rental agreement. (Code Civ. Proc.. § 1179.03(d).)
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`time the notice was served establishing that defendant met the definition of high-income tenant. (Code Civ. Proc.,
`§ 1179.02.5(b).)
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`"high-income tenant," documentation in support. (Code Civ. Proc., §§ 1179.03(f) and 1179.025.)
`(Describe when and how delivered and check all other items below that apply):
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`(7) E Defendant is currently filing or has already filed a declaration of COVlD-19—related financial distress with the court.
`n. E Plaintiffs demand for possession of a residential property is based on nonpayment of rent or other financial obligations
`(a) E Did not contain the required contact information for the pertinent governmental rental assistance program, or the
`(b) E Did not did not include a translation of the statutorily required notice. (Code Civ. Proc., § 1179.10(a)(2) and Civ.
`(2) E Plaintiff's notice to quit was served between April 1, 2022, and June 30, 2022, and did not contain the required
`o. E For a tenancy initially established before October 1, 2021, plaintiffs demand for possession of a residential property is
`(1) E Plaintiff did not complete an application for rental assistance to cover the rental debt demanded in the complaint
`(3) E Plaintiffs application for rental assistance was denied for a reason that does not support issuance of a summons or
`(a) E Plaintiff did not fully or properly complete plaintiff's portion of the application. (Code Civ. Proc.,
`(b) E Plaintiff did not apply to the correct rental assistance program. (Code Civ. Proc., § 1179.09(d)(2)(C).)
`(4) D An application for rental assistance was filed before April 1, 2022, and the determination is still pending.
`(5) E Rental assistance has been approved and tenant is separately filing an application to prevent forfeiture (form UD-125).
`p. E Plaintiffs demand for possession of a residential property is based on nonpayment of rent or other financial obligations
`and (check all that apply):
`(1) E Plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or
`
`(a) E Plaintiffs demand for payment includes late fees on rent or other financial obligations due between March 1,
`(b) E Plaintiff's demand for payment includes fees for services that were increased or not previously charged.
`(c) E Defendant, on or before September 30. 2021, paid or offered plaintiff payment of at least 25% of the total rental
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`2020, and September 30, 2021.
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`payments that were due between September 1, 2020, andSeptember 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).)
`
`(Code Civ. Proc., § 1179.03(h).)
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`due between October 1. 2021, and March 31, 2022, and (check all that app/y):
`Plaintiff's notice to quit was served before April 1, 2022, and
`
`(1)
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`other content required by Code of Civil Procedure section 1179.10(a).
`
`Code, § 1632.)
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`information about the government rental assistance program and possible protections, as required by Code of Civil
`Procedure section 1179.10(b).
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`based on nonpayment of rent or other financial obligations due between March 1, 2020, and March 31, 2022, and (check
`all that app/y):
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`before filing the complaint in this action.
`Plaintiffs application for rental assistance was not denied.
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`(2)
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`judgment in an unlawful detainer action (check all that apply):
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`§ 1179.09(d)(2)(A).)
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`(2)
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`some other source relating to the amount claimed in the notice to pay rent or quit. (Health & Saf. Code,
`§§ 50897.1(d)(2)(B) and 50897.3(e)(2),)
`Plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or
`some other source for rent accruing since the notice to pay rent or quit. (Health & Saf. Code, §§ 50897.1(d)(2)(B) and
`50897.3(e)(2).)
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`UD—105[Rev. April 14. 2022]
`
`ANSWER—UNLAWFUL DETAINER
`
`Page 3 of 5
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`

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`PLAINTIFF: Guardian Yards 1 Chico. LLC
`DEFENDANT: Mace Performance. Inc.
`
`CASE NUMBER:
`23UD00943
`
`UD-105
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`3. p.
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`15 days of receiving governmental rental assistance. (Health & Sat Code, § 50897.1(e)(2)(B).)
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`ordinance regarding evictions in some other way (briefly state facts describing this in item 3w).
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`(3) E Plaintiff's demand for possession is based only on late fees for defendant's failure to provide landlord payment within
`q. E Plaintiff violated the COVlD-19 Tenant Relief Act (Code Civ. Proc., § 1179.01 et seq.) or a local COVlD-19—related
`r. D The property is covered by the federal CARES Act and the plaintiff did not provide 30 days' notice to vacate.
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`(Property covered by the CARES Act means property where the landlord:
`- is participating in a covered housing program as defined by the Violence Against Women Act;
`~ is participating in the rural housing voucher program under section 542 of the Housing Act of 1949; or
`- has a federally backed mortgage loan or a federally backed multifamily mortgage loan.)
`
`s. E Plaintiff improperly applied payments made by defendant in a tenancy that was in existence between March 1, 2020, and
`(1) E Plaintiff applied a security deposit to rent. or other financial obligations due, without tenant's written agreement.
`(2) E Plaintiff applied a monthly rental payment to rent or other financial obligations that were due between March 1, 2020,
`t. E Plaintiff refused to accept payment from a third party for rent due. (Civ. Code, § 1947.3; Gov. Code, § 12955.)
`u. E Defendant has a disability and plaintiff refused to provide a reasonable accommodation that was requested.
`E Description of facts or defenses are on form MC-O25, titled as Attachment 3w.
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`September 30, 2021 (Code Civ. Proc., § 1179.045), as follows (check all that apply):
`
`and September 30, 2021, other than to the prospective month's rent, without tenant's written agreement.
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`v.
`w.
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`(Cal. Code Regs, tit. 2, § 12176(c).)
`Other defenses and objections are stated in item 3w.
`(Provide facts for each item checked above, either below or, if more room needed, on form MC-025):
`Plaintiff breached the lease in multiple ways. Plaintiff decided to relocate the premises rented by Defendant Mace
`Performance and violated the lease by refusing to reimburse Defendant Mace Performance 's reasonable costs of such
`relocation as required by the lease. Defendant has millions of dollars of wood inventory on the premises that has been damaged
`as a result of Plaintiff's breaches of the lease. Relocating this inventory of wood to a new premises is a long and laborious
`process that will cost more than $133,000, Plaintiffs demand that Defendant vacate the premises in a matter of days when
`Plaintiff is in violation of the lease itself, including with respect to the relocation, will damage Defendant's business and property
`further.
`
`4. OTHER STATEMENTS
`
`a. 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, if more room needed, on
`E Explanation is on form MC-025. titled as Attachment 4b.
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`form MC-025):
`
`c. E Other (specify below or, if more room needed, on form MC—025):
`D Other statements are on form MC-025, titled as Attachment 4c.
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`5. DEFENDANT REQUESTS
`that plaintiff take nothing requested in the complaint.
`a.
`costs incurred in this proceeding.
`b
`reasonable attorney fees.
`c.
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`d . E that'plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
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`habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
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`UD-1051Rev. Apn'l 14, 2022]
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`ANSWER—UNLAWFUL DETAINER
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`Page 4 of 5
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`

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`PLAINTIFF: Guardian Yards1 Chico. LLC
`DEFENDANT: Mace Performance. Inc.
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`5- e. E Other (specify below or on form MC-025):
`E All other requests are stated on form MC-025. titled as Attachment 5e.
`Payment or, at a minimum, agreement to pay the commercially reasonable costs incurred in Mace Performance's relocation to
`new premises.
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`CASE NUMBER:
`23UD00943
`
`UD—1 05
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`6. Number of pages attached:
`
`7.
`
`c.
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`did not D did
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`UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
`for compensation give advice or
`(Must be completed in all cases.) An unlawful detainer assistant
`assistance with this form. (If defendant has received any help or advice for pay from an unlawful detainer assistant, state):
`a. Assistant's name:
`Telephone number:
`b.
`Street address, city, and zip code:
`d. County of registration:
`
`e. Registration number:
`
`f. Expiration date:
`
`(Each defendant for whom this answeris filed must be named in item 1 and must sign t
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`' answer unless defendant's attorney'signs.)
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`MACE PERFORMANCE, INC.
`(TYPE 0R PRINT NAME)
`
`(TYPE 0R PRINT NAME)
`
`(TYPE 0R PRINT NAME)
`
`>
`
`l
`
`wéb\dfllfi/
`
`(siGNATURHOF DEFENDAWOR ATTORNEY)
`
`(SIGNATURE 0F DEFENDANT 0R ATTORNEY)
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`(SIGNATURE 0P DEFENDANT 0R ATTORNEY)
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`.
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`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:
`
`04/20/2022
`MACE Performance, Inc By Joshua Macey
`(TYPE OR PRINT NAME)
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`04/20/2022
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`Date;
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`MACE Performance, Inc By Aaron Barr
`(TYPE OR PRINT NAME)
`
`Date:
`
`(SIGNATURE OF DEFENDANT)
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`I
`
`' A" W @f/ /
`
`(SIGNATURE OP DEFENDANT)
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`(TYPE 0R PRINT NAME)
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`(SIGNATURE OP DEFENDANT)
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`UD-105 [Rev. April 14, 2022]
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`ANSWER—UNLAWFUL DETAINER
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`Page 5 of 5
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`

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`PROOF OF SERVICE
`
`I, the below signed, declare:
`I am employed in the County of Butte, State of California, I am over 18 years of age and am not a
`party to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico, California
`95928. On this date, I served the foregoing document described as:
`ANSWER–UNLAWFUL DETAINER
`Said document was served on the interested party or parties in this action by placing a true copy
`of the original document, enclosed in a sealed envelope, and addressed as noted below.
`
`Jason L. Hoffman
`Real Estate Law Group LLP
`700 University Avenue, Suite 100
`Sacramento, California 95825
`Tel: (916) 484-2600/Tel Direct: (916) 484-2608
` jhoffman@relglaw.com
` : (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at the
`address(es) set forth above, pursuant to CCP §1010.6(e) or by mutual consent of the parties.
`
`I declare under penalty of perjury under the laws of the State of California that the above is true
`and correct. I further declare that I made the service set forth herein on the date set forth below.
`
`Executed on April ___ 2023, at Chico, California.
`
`By:
`
`____________________________
`Steven Chamberlin
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