Free Answer to Complaint - District Court of California - California

Case 3:08-cv-02699-CRB

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Filed 06/12/2008

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EDWARD C. SINGER, JR. (SBN 226406) THE LEMBI GROUP LEGAL DEPARTMENT 2099 Market Street San Francisco, CA 94114 Telephone: (415) 252-4241 Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 DANIEL YELEN, 12 Plaintiff, 13 vs. 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28
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CASE NO. CV 08-2699 ANSWER AND AFFIRMATIVE DEFENSES TROPHY PROPERTIES B10 DE, LLC,; CITIAPARTMENTS, INC., and CITIFUNDING, INC.,

Defendants Trophy Properties B10 DE, LLC; CitApartments, Inc., and CitiFunding, Inc., answer and affirmatively allege as follows: ANSWER 1. 2. Defendants admit paragraphs 1, 2, 3 and 4, 8 , 12, 58, of Plaintiff's Complaint. Defendants deny paragraphs 6, 7, 9, 17, 19, 20, 22, 23, 25, 26, 27, 29, 30, 33, 34, 36, 37,

38, 40, 41, 42, 44, 45, 46, 47, 48, 50, 51, 52, 55, 57, 59, 60, 61 of Plaintiff's complaint and each allegation therein. 3. Defendants are without knowledge or information sufficient to form a belief as to the

truth of paragraphs 11, 15, 16, and 32, of Plaintiff's complaint and, therefore, deny the allegations therein.
ANSW ER AND AFFIRMATIVE DEFENSES
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Case 3:08-cv-02699-CRB

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Regarding paragraph 5 of Plaintiff's complaint, Defendants admit that Trophy Properties

B10 DE, LLC, CitiApartments, Inc., and CitiFunding Group, Inc. have their principal place of business in San Francisco, California. Defendants deny the remaining allegations of paragraph 5. 5. Regarding paragraph 6 of Plaintiff's complaint, Defendants admit that Plaintiff informed

Defendant Trophy Properties B10 DE, LLC that Plaintiff allegedly suffered from an unidentified disability. Defendants are without knowledge or information sufficient to form a belief as to the truth of remaining allegations of paragraph 6 and, therefore, deny them. 6. Regarding paragraph 10 of Plaintiff's complaint, Defendants admit that Plaintiff informed

Defendant Trophy Properties B10 DE, LLC that Plaintiff allegedly suffered from an unidentified disability. Defendants are without knowledge or information sufficient to form a belief as to the truth of remaining allegations of paragraph 10 and, therefore, deny them. 7. Regarding paragraph 13 of Plaintiff's complaint, Defendants admit that Trophy Properties

B10 DE, LLC, has a policy of not signing new section 8 contracts. Defendants deny the remaining allegations of paragraph 13. 8. Regarding paragraph 14 of Plaintiff's complaint, Defendants admit that Trophy Properties

B10 DE, LLC, refused to sign a section 8 contract on behalf of Plaintiff. Defendants further admit that Trophy Properties B10 DE, LLC, sent a letter that concluded "I understand that Mr. Yelen's section 8 voucher is not limited to his current resident. If Mr. Yelen finds a building that will accept his section 8 voucher, the building owner will be flexible regarding Mr. Yelen's move out date." Defendants deny the remaining allegations of paragraph 14. 9. Regarding paragraph 54 of Plaintiff's complaint, Defendant Trophy Properties B10 DE,

LLC, as owner and manager of the property had a duty to comply with all laws regarding management of property. Defendants deny the remaining allegations of paragraph 54. 10. Regarding paragraphs 21, 24, 28, 31, 35, 39, and 43 of Plaintiff's complaint, which

merely reallege earlier paragraphs, Defendants admit and deny said paragraphs to the extent admitted and denied above. 11. To the extent not admitted or denied above, Defendants deny each and every other

allegation of Plaintiff's complaint.
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Case 3:08-cv-02699-CRB

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AFFIRMATIVE DEFENSES For a first affirmative defense, Defendants allege that all of Plaintiff's causes of action

are preempted by federal law, which makes participation in the section 8 program voluntary for building owners. 13. For a second affirmative defense, Defendants allege that all of Plaintiff's causes of action

fail to allege facts sufficient to state a claim. 14. For a third affirmative defense, Defendants allege that Plaintiff contributed to his own

damages by refusing to secure housing from a willing section 8 provider. 15. For a fourth affirmative defense, Defendants allege that Plaintiff failed to mitigate his

damage by refusing to secure housing from a willing section 8 provider. WHEREFORE; Defendants pray for a judgment of and against Plaintiff under which Plaintiff take nothing and Defendant receive an award of costs.

/s/ Edward C. Singer, Jr Edward C. Singer, Jr. Attorney for Defendants

ANSW ER AND AFFIRMATIVE DEFENSES
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