1 SEYMONE JAVAHERIAN, ESQ. (BAR NO.

232221)
2 LAW OFFICE OF SEYMONE JAVAHERIAN
9595 Wilshire Boulevard, Suite 810
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Beverly Hills, California 90212
4 Telephone: (310) 858-1818
5 Facsimile: (310) 858-1815
6 1Attorneys for Defendant/Cross -Complainant
7 DEBERA CARR
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1SUPERIOR COURT OF THE STATE OF CALIFORNIA
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10 FOR THE COUNTY OF LOS ANGELES- CENTRAL DISTRICT

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12 1JUDITH E.CUNNIGHAM TRUSTEE OF )) Case No
THE CUNNINGHAM FAMILY TRUST, )
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) 1CROSS-COMPLAINT FOR
14 Plaintiff(s), ) DAMAGES
)
15 v. )
) (Retaliatory Eviction)
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DEBERA CARR
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and DOES 1 through 10, inclusive, )
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Defendant(s). )
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22 DEBERA CARR, an individual , )
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23 Cross-Complainant )
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24 v. )
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25 JUDITH E.CUNNIGHAM TRUSTEE OF )
)
26 THE CUNNINGHAM FAMILY TRUST , )
an individual, and DOES 1 through 10, )
27 inclusive, )
)
28 )
Cross-Defendants. )
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CROSS-COMPLAINT FOR DAMAGES

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1Complaint Filed: May 28, 2008
2 Trial Date: None set.
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7 TO THE COURT, ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
8 COMES NOW Defendant and Cross-Complainant DEBERA CARR (hereinafter
9 “Cross-Complainant”) hereby filing her Cross-Complaint in this action.
10 1. At all relevant times Cross-Complainant DEBERA CARR was and is an
11 individual who is a resident of the State of California, living in the County of Los Angeles
12 in the State of California.
13 2. Cross-Complainant is informed and believes, and thereon alleges, that at all
14 relevant times Cross-Defendant JUDITH E.CUNNIGHAM (hereinafter “CUNNIGHAM”)
15 was and is an individual who is a resident of the State of California, living in the County of
16 Los Angeles in the State of California.
17 3. Cross-Defendant JUDITH E.CUNNIGHAM TRUSTEE OF THE
18 CUNNINGHAM FAMILY TRUST is, and at all times mentioned in this complaint was,
19 st
the owner of the dwelling known as4027 West 21 Street, Los Angeles, CA 90018.
20 4. Cross-Complainant is informed and believes, and thereon alleges, that at all
21 relevant times Cross-Defendant CUNNIGHAM, and DOES 1 to 10, inclusive, and each of
22 them, were the agents, representatives and/or employees of each other and were acting
23 within the purpose and scope of their agency. The acts and conduct alleged herein of each
24 such cross-defendant were known to, authorized and ratified by each such cross-defendant.
25 5. The true names or capacities, whether individual, corporate, associate or
26 otherwise, of the cross-defendants designated herein as ROES 1 to 10, inclusive, are
27 unknown to Cross-Complainant, who therefore sues said Cross-Defendants by such
28 fictitious names, and Cross-Complainant will seek leave to amend this Cross-Complaint at

CROSS-COMPLAINT FOR DAMAGES

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such time as the true names and/or capacities are ascertained. Cross-Complainants is
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informed and believes, and thereon alleges, that each of the Cross-Defendants designated
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herein as a DOE is negligently or otherwise responsible in some manner for the events and
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happenings referred to, and negligently caused the injuries and damages to Cross-
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Complainant as herein alleged.
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6. On or about Cross-Complainant and Cross-Defendant entered into written
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rental agreement by the terms of which Cross-Defendant rented the premises to Cross-
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Complainant on a month-to-month tenancy at the agreed rental of $1,000.00 per month,
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payable monthly in advance on the 15 day of each and every month, commencing on
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January 15, 2004. A copy of the rental agreement is attached to this complaint as Exhibit
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“A” and made a part of this complaint.
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7. Under the rental agreement, Cross-Complainant entered into possession of
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the premises on or about January 15, 2004, and has continued in possession since.
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8. Cross-Complainant is not [during the period of her tenancy in default as to the
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payment of rent.
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9. On or about April 2008, Cross-Complainant, made an oral complaint to the
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Cross-Defendants and the Los Angeles Department of Housing of dilapidations rendering
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the premises untenantable.
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10. Thereafter, on or about May 9, 2008, within 180 days after date Cross-
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Complainant exercised right or made complaint, Cross-Defendant(s) served Cross-
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Complainant with a 3-day notice to Perform Covenant or to quit the premises. In
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compliance with Cross-Defendants 3-day notice, Cross-Complainant performed the
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covenant. Thereafter, on or about May 28, 2008,
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11. Cross-Complainant is informed and believes and thereon alleges that the
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service of the notice to perform covenant or quit and the within unlawful detainer action
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CROSS-COMPLAINT FOR DAMAGES

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was in retaliation for Cross-Complainant's having complained about the untenantability of
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the premises and requested that Cross-Defendant take corrective action.
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12. As a direct and proximate result of CrossDefendants retaliatory conduct,
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Cross-Complainant sustained loss of earnings. The exact amount of such loss is unknown
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to Cross-Complainant at this time, and Cross-Complainant will ask leave to amend her
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Cross-Complaint to set forth the exact amount thereof when the same is ascertained.
7 13. The retaliatory action of the Cross-Defendants, as alleged in this complaint,
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was oppressive and malicious within the meaning of Civil Code Section 3294 in that it was
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despicable conduct that subjected Cross-Complainant to cruel and unjust hardship in willful
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and conscious disregard of Cross-Complainant's rights and safety, thereby entitling Cross-
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Complainant to an award of punitive damages.
12 14. Civil Code Section 1942.5(g) provides that in any action brought for damages
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for retaliatory eviction, the court must award reasonable attorney fees to the prevailing
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party. The sum of $5,000.00 is a reasonable attorney's fee to allow Cross-Complainant for
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the commencement and prosecution of this action.
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WHEREFORE, Cross-Complainants pray as follows:
18 1. For lost earnings according to proof;
19 2. For punitive damages in an amount necessary to punish Cross-Defendants;
20 3. For a reasonable attorney's fee in the sum of $ 5,000.00;]
21 4. For costs of suit herein incurred; and
22 5. For such other and further relief as the court may deem proper.
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25 1DATE: June 2, 2008 LAW OFFFICE OF
SEYMONE JAVAHERIAN
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BY:______________________________
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CROSS-COMPLAINT FOR DAMAGES

 1 SEYMONE JAVAHERIAN
2 Attorney for Defendant/Cross-
3 Complainant DEBERA CARR

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CROSS-COMPLAINT FOR DAMAGES

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1 PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not
a party to the within action; my business address is: 1801 Avenue of the Stars, Suite 1025, Los Angeles,
5 California 90067.
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On June __, 2008 I served the foregoing documents described as:
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8 1CROSS-COMPLAINT FOR DAMAGES - (Retaliatory Eviction)
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10 Mr. Laurence H. Lishner
3000 S. Robertson Blvd.
11 Los Angeles, CA 90034
12 Tel: (323) 870-3311

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14 in this action by placing a true original or copy thereof enclosed in a sealed envelope.

15 (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the addressees at
the above listed address.
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17 X (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United
States Mail at Los Angeles, California.
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19 X (BY MAIL - CALIFORNIA ONLY) I am readily familiar with this business' practice for
collection and processing of correspondence for mailing with the United States Postal
20 Service. This document will be deposited with the United States Postal Service on the
21 same day as the execution of this document in the ordinary course of business. This
document was sealed and placed for collection and mailing on the same day as the
22 execution of this document at the address given for deposit in the United States Postal
23 Service and following ordinary business practices.

24 (BY FACSIMILE) From facsimile number (310) 432-5541, I caused each document to
be transmitted by facsimile machine, to the numbers indicated above, pursuant to Rule
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2008. The facsimile machine I used complied with Rule 2003(3) and no error was reported
26 by the machine. Pursuant to Rule 1008(e)(4), I caused the machine to print a record of the
transmission, a copy of which is attached hereto.
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28 X Executed on June __, 2008, at Los Angeles, California.

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X (State) I declare, under penalty of perjury, under the laws of the State of California, that the above
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is true and correct.
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_______________________________
4 Sam Tabibian
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CROSS-COMPLAINT FOR DAMAGES