STATE BAR NUMBER: 237990
`
`ATTORNEY OR PARTY WITHOUT ATTORNEY
`NAME: Andrew Watters
`FIRM NAME: Andrew G. Watters, Esq.
`STREETADDRESS: 555 Twin Dolphin Drive, Ste. 135
`CITY: Redwood City
`(415) 261-8527
`TELEPHDNE No.:
`EMAIL ADoREss: andreW@andreWwatterS.COm
`ATTDRNEY FQR (name): Raphael B. Stricker, MD
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`sTREET AooREss: 400 McAllister Street
`MAILING ADDRESS:
`GITY AND zIP coDE: San Francisco 94102
`BRANGH NAME: Civic Center Courthouse
`PLAINTIFF: SCHNITZER PROPERTIES REALTY LLC, SERIES A
`DEFENDANT: Raphael B. Stricker, MD
`
`sTATE: CA
`FAX NO.:
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`zIP coDE: 94065
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`UD-105
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`FOR COURT USE ONLY
`
`ELECTRONICALLY
`F I L E D
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`Superior Court of California,
`County of San Francisco
`03/26/2024
`Clerk of the Court
`BY: EDWARD SANTOS
`Deputy Clerk
`
`ANSWER—UNLAWFUL DETAINER
`
`CASE NUMBER:
`C UD24674486
`
`Defendant (all defendants for whom this answeris Sled must be named and must sign this answer unless their attorney signs):
`Raphael B. Stricker, MD
`
`answers the complaint as follows.
`2. DENIALS (Check ONLY ONE of the next two boxes.)
`
`a. ~ 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 Mandatory Cover Sheet and Supplemental
`Allegations—Unlawful Detainer (form UD-101).
`
`b. ~x
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`Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.)
`Defendant admits that all the statements of the complaint and of 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):
`Explanation is on form MC-025, titled as Attachment 2b(1)(a).
`10(a)(2) Defendant was not served Notice
`
`(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):
`Explanation is on form MC-025, titled as Attachment 2b(1)(b).
`
`(2) Denial of Allegations in Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101)
`(a) ~x Defendant did not receive plaintiffs Mandatory Cover Sheet and Supplemental Allegations (form UD-101). (If
`not checked, complete (b) and (c), as appropriate.)
`(b) Defendant claims the following statements on 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): ~ Explanation is on form MC-025, titled as Attachment 2b(2)(b).
`
`Form Approved for Optional Use
`Judicial Council of CaNomia
`UD-105 [Rev. January 1, 2024]
`
`ANSWER—UNLAWFUL DETAINER
`
`Page 1 of 4
`Civil Code, II 1940 et seq.;
`Code of Civil Procedure, 5]i 425.12,
`1161 et seq., 1179.01 et seq.
`www. courts.ca.gov
`
`
`

`

`PLAINTIFF: SCHNITZER PROPERTIES REALTY LLC, SERIES A
`DEFENDANT: Raphael B. Stricker, MD
`
`CASE NUMBER:
`C UD24674486
`
`2.
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`b.
`
`(2)
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`(c) Defendant has no information or belief that the following statements on 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, if more room needed, on form MC-025):
`
`~ Explanation is on form MC-025, titled as Attachment 2b(2)(c).
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`UD-105
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`3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state bnef facts to supportitinitem 3t (on page 3) or, if
`more room is needed, on form MC-025. You can leam more about defenses and objections at
`mictian~.)
`
`~ (Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
`
`(Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
`not give proper credit.
`(Nonpayment of rent only) On (date):
`the rent due but plaintiff would not accept it.
`(Nonpayment of rent only) Plaintiffs demand for possession is based on nonpayment of rent due more than one year ago.
`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.
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`before the notice to pay or quit expired, defendant offered
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`defendant in violation of the Constitution or the laws of the United States or California.
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`~ By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the
`~ Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of
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`a b c d e f
`
`. 9 h
`
`I.
`
`j.
`
`k.
`
`~x
`~x
`~x
`
`~x
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`ordinance, and date of passage):
`(Also, briefly state in item 3t 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 apply and briefly stateinitem 3t the facts that support each.)
`
`(1) ~ Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate.
`(2) ~ Plaintiff failed to provide an opportunity to cure any alleged violations of terms and conditions of the lease (other than
`(3) ~ Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d).
`(4) ~ Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid
`(5) ~ Plaintiff violated the Tenant Protection Act in another manner that defeats the complaint.
`~ Plaintiff seeks to evict defendant based on an act—against defendant, defendant's immediate family member, or a
`
`payment of rent) as required under Civil Code section 1946.2(c).
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`rent is the unauthorized amount.
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`~x
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`Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
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`member of defendant's household—that constitutes domestic violence, sexual assault, stalking, human trafficking, abuse
`of an elder or a dependent adult, or a crime that caused bodily injury, involved a deadly weapon, or used force or threat of
`force. (This defense requires one of the following, which may be included with this form: (1) a temporary restraining
`order, protective order, or police report that is not more than 180 days old; (2) a signed statement from a qualified
`third party (e.g., a doctor, domestic violence or sexual assault counselor, human trafficking caseworker, psychologist, or
`a victim of violent crime advocate concerning the injuries or abuse resulting from these acts); or (3) another form of
`documentation or evidence that verifies that the abuse or violence occurred.)
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`(1) ~ The abuse or violence was committed by a person who does not live in the dwelling unit.
`(2) ~ The abuse or violence was committed by a person who lives in the dwelling unit and defendant claims protection
`~ Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,
`~ Plaintiffs demand for possession of a residential property is based on nonpayment of rent or other financial obligations
`(1) ~ plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or
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`from eviction under Code of Civil Procedure section 1161.3(d)(2).
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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.
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`and (check a/I that apply)
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`some other source relating to the amount claimed in the notice to pay rent or quit. (Health 8 Saf. Code,
`Mi 50897.1(d)(2)(B) and 50897.3(e)(2).)
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`UD-1 05 [Rev. January 1, 2024]
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`ANSWER—UNLAWFUL DETAINER
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`Page2of4
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`

`

`PLAINTIFF: SCHNITZER PROPERTIES REALTY LLC, SERIES A
`DEFENDANT: Raphael B. Stricker, MD
`
`CASE NUMBER:
`C UD24674486
`
`3. m.
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`UD-105
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`15 days of receiving governmental rental assistance. (Health 8 Saf. Code, g 50897.1(e)(2)(B).)
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`ordinance regarding evictions in some other way (briefly state facts describing this in item 3t).
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`(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 8 Saf. Code, 8 50897.1(d)(2)(B) and
`(3) ~ plaintiffs demand for possession is based only on late fees for defendant's failure to provide landlord payment within
`50897.3(e)(2).)
`n. ~ Plaintiff violated the COVID-19 Tenant Relief Act (Code Civ. Proc., g 1179.01 et seq.) or a local COVID-19-related
`o. ~ The property is covered by the federal CARES Act and the plaintiff did not provide 30 days'otice to vacate.
`
`(Property covered by the CARES Act means property where the landlord
`~ is participatingin a covered housing program as defined by the Violence Against Women Act;
`~ is participatingin 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.)
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`p. ~ Plaintiff improperly applied payments made by defendant in a tenancy that was in existence between March 1, 2020, and
`(1) ~ Plaintiff applied a security deposit to rent, or other financial obligations due, without tenant's written agreement.
`(2) ~ Plaintiff applied a monthly rental payment to rent or other financial obligations that were due between March 1, 2020,
`q. ~ Plaintiff refused to accept payment from a third party for rent due. (Civ. Code, g 1947.3; Gov. Code, g 12955.)
`r. ~ Defendant has a disability and plaintiff refused to provide a reasonable accommodation that was requested.
`s. ~ Other defenses and objections are stated in item 3t.
`~ Description of facts or defenses are on form MC-025, titled as Attachment 3t.
`
`September 30, 2021 (Code Civ. Proc., Q 1179.04.5), as follows (check all that apply):
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`and September 30, 2021, other than to the prospective month's rent, without tenant's written agreement.
`
`(Cal. Code Regs., tit. 2, g 12176(c).)
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`t.
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`(Provide facts for each item checked above, either below or, if more room needed, on form MC-025):
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`4. OTHER STATEMENTS
`
`a. ~ 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).~ Explanation is on form MC-025, titled as Attachment 4b.
`c. ~ Other (specify below or, if more room needed, on form MC-025):
`
`Other statements are on form MC-025, titled as Attachment 4c.
`
`5. DEFENDANT REQUESTS
`a.
`that plaintiff take nothing requested in the complaint.
`costs incurred in this proceeding.
`b.
`c. ~x
`reasonable attorney fees.
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`UD-105 [Rev. January 1, 2024]
`
`ANSWER—UNLAWFUL DETAINER
`
`Page 3 of 4
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`

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`UD-1 05
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`PLAINTIFF: SC)4NITZER PROPERTIES REALTY LLC, SERIES A
`DEFENDANT: Raphael B. Stricker, MD
`
`CASE NUMBER
`CUD24674486
`
`5. d. ~ that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
`e. ~ Other (specify below oron form MC-025):
`~ All other requests are stated on form MC-025, titled as Attachment 5e.
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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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`6. Number of pages attached:
`
`7.
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`UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, Q 6400-6415)
`(Must be completed in a/I cases.) An unlawful detainer assistant ~rr
`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:
`telephone number:
`b.
`street address, city, and zip code:
`
`did not ~ did
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`c.
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`d. county of registration;
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`e.
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`registration number:
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`f. expiration date:
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`(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless defendant's attorney signs.)
`
`(TYPE OR PRINT NAME)
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`(SIGNATURE OF DEFENDANT OR ATTORNEY)
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`(TYPE OR PRINT NAME)
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`(SIGNATURE OF DEFENDANT OR ATTORNEY)
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`(TYPE OR PRINT NAME)
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`(SIGNATURE OF DEFENDANT OR ATTORNEY)
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`VERIFICATION
`(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
`I 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: March 18, 2024
`
`Ra heel B. Stricker MD
`(TYPE OR PRINT NAME)
`
`(SIGNATURE OF DEFENDANT)
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`Date;
`
`Date:
`
`(TYPE OR PRINT NAME)
`
`(SIGNATURE OF DEFENDANT)
`
`(TYPE OR PRINT NAME)
`
`(SIGNATURE OF DEFENDANT)
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`ANSWER—UNLAWFUL DETAINER
`UD-I 05 I Re v. J*o o a0 I, 2024)
`ff5'nd~sbTFd)yrtfS~EF 1&/
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`Pose 4 oi 4
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`