MOHAMMED ABRAHIM
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3412 MAY FAIR DRIVE
2 SACRAMENTO, CA 95864
3 916-972-8520
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
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ELAINE AND STEPHEN WEEKS 2004 Case No.: Case No.: 12UD01426
10 FAMILY TRUST
Plaintiff,
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v. DEFENDANT’S ANSWER TO UNLAWFUL
12 DETAINER COMPLAINT
13 MOHAMMED S, ABRAHIM, SAMIRA JURY TRIAL DEMANDED
M. ABRAHIM;
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and DOES 1 through 10, inclusive, NOTICE OF NON-STIPULATION TO
15 COMMISSIONER
Defendants.
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18 TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS
19 OF RECORD:
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Defendant MOHAMMED S, ABRAHIM, and SAMIRA M. ABRAHIM; hereby answers the
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22 complaint of ELAINE AND STEPHEN WEEKS 2004 FAMILY TRUST and admits, denies and
23 alleges as follows:
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1. Defendant is without information and belief sufficient to permit an answer of the
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allegation on paragraph 1 of the complaint, and deny said allegations based on such
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lack of information and belief.
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2. Defendant generally and specifically denies each and every allegation in paragraph 2
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2 of the complaint.
3 3. Defendant admits the allegations in paragraph 3 of the complaint.
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4. Defendant admits the allegations in paragraph 4 of the complaint.
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5. Defendant generally and specifically denies each and every allegation in paragraph 5
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of the complaint.
8 6. Defendant admits the allegations in paragraph 6 of the complaint.
9 7. Defendants are without information and belief sufficient to permit an answer of the
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allegation on paragraph 7 of the complaint, and deny said allegations based on such
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lack of information and belief.
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13 8. Defendants are without information and belief sufficient to permit an answer of the
14 allegation on paragraph 8 of the complaint, and deny said allegations based on such
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lack of information and belief.
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9. Defendants are without information and belief sufficient to permit an answer of the
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allegation on paragraph 9 of the complaint, and deny said allegations based on such
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19 lack of information and belief.
20 10. Defendant generally and specifically denies each and every allegation in paragraph 10
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of the complaint.
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11. Defendant generally and specifically denies each and every allegation in paragraph 11
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of the complaint.
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25 12. Defendant generally and specifically denies each and every allegation in paragraph 12
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13. Defendant generally and specifically denies each and every allegation in paragraph 13
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2 of the complaint.
3 14. Defendant generally and specifically denies each and every allegation in paragraph 14
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of the complaint.
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15. Defendant generally and specifically denies each and every allegation in paragraph 15
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of the complaint.
8 16. Defendant generally and specifically denies each and every allegation in paragraph 16
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17. Defendant generally and specifically denies each and every allegation in paragraph 17
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of the complaint.
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13 18. Defendants are without information and belief sufficient to permit an answer of the
14 allegation on paragraph 18 of the complaint, and deny said allegations based on such
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lack of information and belief.
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AFFIRMATIVE DEFENSES
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19 First Affirmative Defense
20 Fails To State Sufficient Facts
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19. Each purported cause of action fails to state facts sufficient to constitute a basis for
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relief against these answering Defendants.
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26 Second Affirmative Defense
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Waiver
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20. The claims being advanced by Plaintiffs are barred by virtue of the Plaintiff’s acts
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2 and/or omissions that amount to a waiver, including but, not limited to attempting to enforce a
3 non-negotiable promissory note by way of an invalid non-judicial foreclosure sale.
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Third Affirmative Defense
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Estoppel
8 21. This answering defendant is informed and believes and thereupon alleges that
9 Plaintiffs have engaged in conduct and activities, and by reason of said activities and conduct are
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estopped from asserting any claims for damages or seeking any other relief against this
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answering Defendant.
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13 Fourth Affirmative Defense
14 Failure To Mitigate Damages
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22. Plaintiffs though under a duty to do so, have failed and neglected to mitigate
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their damages and, therefore, cannot recover against these answering Defendants whether as
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alleged or otherwise.
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19 Fifth Affirmative Defense
20 Statute of Frauds
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23. The present action is barred by application of the Statute of Frauds because the trustee
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that conducted the non-judicial foreclosure sale of the defendants’ property, conducted the sale
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without having possession of the alleged promissory note executed by these answering
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25 defendants.
26 Sixth Affirmative Defense
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Statute of Limitations
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24. The present action is barred by application of the applicable statute of limitations.
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3 Seventh Affirmative Defense
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Unclean Hands
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25. By virtue of Plaintiff’s conduct, Plaintiffs are barred from recovery therein by
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the doctrine of unclean hands.
8 Eighth Affirmative Defense
9 Standing
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26. This answering defendant alleges that the Plaintiff does not have standing because
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Plaintiff’s standing is based solely upon an invalid Trustee’s Deed After Sale, which was based
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13 upon the enforcement of a promissory note that was not negotiable pursuant to California
14 Commercial Code section 3203 et seq.
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Ninth Affirmative Defense
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Reservation of Defendants
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27. Defendant hereby reserves all defenses unknown at the time of filing this response.
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19 Dated:
20 _____________________________
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MOHAMMED ABRAHIM
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1 PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
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I am over the age of 18 and not a party to this action. My business address is
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______________________________________________________________________________
5 _____________________________________________________________________________,
which is located in the county where the mailing described took place.
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On __________________________, I served the foregoing document(s) described:
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DEFENDANT’S ANSWER TO UNLAWFUL DETAINER COMPLAINT
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Which were served upon:
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ATTORNEYS FOR ELAINE AND STEPHEN WEEKS 2004 FAMILY TRUST
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.
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______________________________________________________________________________
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______________________________________________________________________________
13 xx I deposited the foregoing documents in the United States Postal Service. Executed on:
___________________, in Sacramento, California.
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(State) XXXX I declare under penalty of perjury under the laws of the State of California that
16 the above is true and correct.
17 (Federal) ____ I declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made.
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19 _______ BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
addressee(s) above.
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___________________________
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