SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO
4S RANCH HOLDCO, LLC §
Plaintiff, §
§
v. § Case No. 37-2021-00021718-CL-UD-CTL
§
JESSICA HOOD; and §
TVWritersVault.com §
Defendants. §
DEFENDANTS’ ANSWER AND DEFENSES TO PLAINTIFF’S COMPLAINT
NOW COMES Defendant Jessica Hood before this Honorable Court and brings her Answer and Defenses to Plaintiff’s Complaint and hereby avers as follows:
- At Paragraph 7 of the Complaint, Plaintiff alleges that Defendants’ tenancy is not subject to the Tenant Protection Act of 2019 because the property is subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019.
- At Paragraph 16 of the Complaint, Plaintiff alleges that Defendants’ tenancy is governed by the City of San Diego Just Cause Ordinance passed on 03/30/2004.
- Defendants submit that in 2020, Plaintiff proposed and accepted waivers from Defendants for protection under the Eviction Moratorium passed by Congress as the CARES Act and governed by the Center for Disease Control (CDC).
- On , Plaintiff served Defendants with a 3-day pay or quit notice informing them that their eviction moratorium protection inclusion was a “mistake” and “oversight” on Plaintiff’s part. The notice also stated that the lease did not qualify as a residential rental.
- The CDC Eviction Moratorium Order defines a Covered Person as any tenant, lessee, or residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action.
- Footnote 1 of the CDC Eviction Moratorium Order states as follows: “For purposes of this Order, “person” includes corporations, companies, associations, firms, partnerships, societies and joint stock companies, as well as individuals.”
- Defendants are persons according to Footnote 1 of the CDC Eviction Moratorium Order, hence they are covered by the CDC Eviction Moratorium Order.
- Plaintiff requests this Court to grant it forfeiture of the agreement between it and Defendants. That is an equitable remedy. Defendants urge this Honorable Court not to grant Plaintiff forfeiture of the agreement based on the doctrine of unclean hands.
- The defense of unclean hands arises from the maxim, “He who comes into equity must come with clean hands.” Blain v. Doctor’s Co. (1990) 222 Cal. App.3d 1048, 1059, 272 Cal. Rptr. 250.
- In Precision Co. v. Automotive Co. (1945) 324 U.S. 806, 814-815, 65 S. Ct. 993, 89 L.Ed. 1381, the United States Supreme Court held as follows: “The doctrine demands that a plaintiff act fairly in the matter for which he seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be denied relief, regardless of the merits of his claim.”
- In General Elec. Co. v. Superior Court (1955) 45 Cal. 2d 897, 899-900, 291, the Court held as follows: “The doctrine of unclean hands requires unconscionable, bad faith, or inequitable conduct by the plaintiff in connection with the matter in controversy.”
- Plaintiff has not come before this Court with clean hands. There were intentional errors made by Plaintiff along the way that amount to a malfeasance. Plaintiff should be denied the relief of forfeiture of agreement because he came with unclean hands. The malfeasance amounts to bad faith and inequitable conduct on the part of Plaintiff. Thus, this Court should deny all other requests made by Plaintiff.
REASONS WHEREFORE, PREMISES CONSIDERED, Defendants pray that their Answer be deemed good and sufficient and all claims by Plaintiff against Defendants be dismissed, with prejudice, and such other further relief, legal and equitable, be awarded Defendants.
Dated:
Respectfully Submitted,
______________________________
Jessica Hood, in her individual and official capacity as,
Insert Jessica’s Title of TVWritersVault.com
Insert Jessica’s Address
Insert Jessica’s State and ZIP Code
Insert Jessica’s Phone Number
Insert Jessica’s Email
TVWritersVault.com
Insert Company Address
Insert Company’s State and ZIP Code
Insert Company Phone Number
Insert Company Email
VERIFICATION
I, Jessica Hood, in my individual and official capacity as Insert Jessica’s Title of TVWritersVault.com, being duly sworn depose and say that I am the Defendant in the above entitled action, that I have read the foregoing Defendants’ Answer and Defenses to Plaintiff’s Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of ____________________, 2021.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
James McKinley SBN # 157207, Attorney at Law
Kimball, Tirey & St. John LLP
7676 Hazard Center Drive, Suite 900
San Diego, CA 92108
Telephone No.: (619) 234-1690
Fax No.: (619) 237-0457
Dated:
Respectfully Submitted,
______________________________
Jessica Hood, in her individual and official capacity as,
Insert Jessica’s Title of TVWritersVault.com
Insert Jessica’s Address
Insert Jessica’s State and ZIP Code
Insert Jessica’s Phone Number
Insert Jessica’s Email
TVWritersVault.com
Insert Company Address
Insert Company’s State and ZIP Code
Insert Company Phone Number
Insert Company Email
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