Item 4 Appeal No. 20-019 @ 1335

DETERMINATION HOLDER’S BRIEF

MICHAEL MARTINOVSKY, ESQ. (SBN 242594) 1 LAW OFFICES OF MICHAEL MARTINOVSKY, P.C. 2 1925 Francisco Boulevard East, Suite17 San Rafael, CA 94901 3 Phone: (415) 230-5360 Fax: (415) 230-5361 4 Email: [email protected] 5 Attorney for Respondent 6 Ilya Zhuchkov and Yelena Zhuchkov 7 CITY AND COUNTY OF SAN FRANCISCO 8 BOARD OF APPEALS 9

10 CAROLYN GAGE, Appeal NO. 20-019 11 12 Appellant, v. RESPONDENT’S BRIEF 13

14 ILYA ZHUCHKOV AND YELENA 15 ZHUCHKOV.

16 Respondent. 17 18 Respondents Ilya Zhuchkov and Yelena Zhuchkov submit their brief herein. The brief 19 and exhibits are being submitted via email pursuant to the shelter in place order and direction 20 from the Board of Appeals. 21

22 PARTIES 23 The Appellant, Carolyn Gage, is the former owner and occupant of 1335 Quesada 24 Avenue, San Francisco, CA. The Appellant lost her property in a foreclosure sale. 25 Respondents, Ilya Zhuchkov and Yelena Zhuchkov acquired 1335 Quesada Avenue, San 26 Francisco, CA and are the current owners. 27 STATEMENT OF FACTS 28 Respondents obtained permits for an interior kitchen remodel and exterior siding repairs.

1 ______Respondents Brief – Appeal No. 20-019

1 These repairs are urgently needed since the property is in an advanced state of decay and will 2 sustain significant damage in the event that the repairs are not undertaken immediately. The 3 exterior siding is rotten and allows water to penetrate the structure. Pictures of the exterior 4 siding condition are attached hereto as Exhibit A. The kitchen walls are rotten and there is hole 5 in the kitchen wall to the exterior of the building which allows water intrusion. There is also 6 unsafe electrical in the kitchen which needs urgent repairs. Pictures of the kitchen condition are 7 attached hereto as Exhibit B. 8 PROECEDURAL BACKGROUND 9 The appeal in question was filed on or about February 19, 2020. Pursuant to the notice 10 from the Board of Appeals, Respondents stopped all work on the property. On or about March 11 18, 2020, Respondent emailed Julie Rosenberg requesting permission to resume emergency 12 repairs on the siding. The siding allowed for water intrusion and forecasted rains made this 13 repair necessary. Ms. Rosenberg sent an email to Respondent on March 18, 2020 at 1:47 pm, 14 allowing the emergency repairs on the siding to proceed. On March 25th, 2020, Respondent sent 15 another email to Ms. Rosenberg, requesting emergency repairs of the kitchen. 16 ARGUMENT 17 The Appellant has no legal basis for filing this appeal. In the appeal application the 18 appellant stated that the reason for the appeal is that “It will change the dynamics of the 19 neighborhood by upgrading a traditional + standard model. The dry rot stated in the description 20 is not visible from street. It does not need repairing at said time.” 21 The Appellant fails to understand that the repairs which are the subject of this permit are 22 required for a structural and safety purpose and not just for a cosmetic purpose. These repairs 23 are needed at this time because the condition of the siding allows water to penetrate the building 24 and to cause further damage, including structural damage. The condition of the kitchen also 25 allows water to penetrate and the electrical in the kitchen is a fire hazard. The kitchen also has a 26 lot of mold issues. The roof is leaking and the plumbing is also leaking in various places. 27 As such this work is urgently needed to prevent further deterioration of the property and 28 to eliminate hazardous conditions which currently exist.

2 ______Respondents Brief – Appeal No. 20-019

1 The Respondent is informed and believes and thereon alleges, that the Appellant filed this 2 appeal as an attempt at taking revenge on the Respondent, current property owners. The 3 Appellant Ms. Gage has threatened Respondent’s work crews and on one occasion punctured the 4 tires of a laborer working on the property. Appellant has informed laborers on the property that 5 she will not allow this work to continue and Appellant has organized “protests” outside of the 6 property in an extrajudicial attempt to regain possession of the property. Article regarding the 7 Occupy SF protest is attached hereto as Ex C. 8 Appellant fails to realize that the property has been lawfully purchased by Respondents. 9 Although Respondents sympathize with Appellant’s situation, Appellant cannot be allowed to 10 vandalize Respondents’ property, take extrajudicial steps to deprive Respondents of their 11 property rights, or to abuse the appeals process in order to interfere with the Respondents’ 12 attempt to bring the property into a safe state of repair. 13 PREYER 14 For the reasons stated above, Respondents respectfully request that this appeal be denied 15 and that Respondent’s be allowed to proceed with the permitted repair work. 16 17

18 Dated: March 25, 2020 LAW OFFICES OF MICHAEL MARTINOVSKY, P.C.

19 Digitally signed by Michael Martinovsky DN: cn=Michael Martinovsky, o=The Law Office of Michael Martinovsky 20 P.C., ou, [email protected], c=US 21 Date: 2020.03.25 17:45:22 -07'00' ______22 MICHAEL MARTINOVSKY Attorney for Respondents 23 Ilya Zhuchkov and Yelena Zhuchkov 24 25 26 27 28

3 ______Respondents Brief – Appeal No. 20-019

CBSN Bay Area Prince Charles Tests   MENU NEWS WEATHER SPORTS WBAETCSHT N OOWF  VPoIsDitiEveO For CoMronOavRiruEs

San Francisco Family Reoccupies Foreclosed Bayview Home

November 1, 2011 at 5:28 pm Filed Under: Anna Duckworth, Banks, Bayview, Broker, Carolyn Gage, ConsumerWatch, Eviction, Foreclosure, Occupy San Francisco, Occupy SF, Occupy Wall Street, Reoccupation, San Francisco Carolyn Gage stands in front of her bank-owned Bayview home (CBS)

OUR | NEWSLETTER SAN FRANCISCO (KCBS) – A San Francisco family has moved back Sign up and get our latest headlines delivered right to your inbox! into the vacant, foreclosed home it was recently evicted from. Email address More than 50 people marched down Quesada Avenue in the Bayview on Tuesday morning in support of Carolyn Gage and her Subscribe Now! family, who began their reoccupation.

ADVERTISING MOST VIEWED

Evictions, Utility Shutoffs Continue In California During Coronavirus Outbreak

19-Year-Old Suspect Identied In Fatal Shooting At San Jose Supermarket San Jose FoodMaxx Store Temporarily Closed After Employee Dies From Coronavirus

Coronavirus Update: Senate, White House Agree On Historic $2 Trillion Economic Stimulus Package

“I have lived in this home for over 50 years. My father built this Coronavirus Update: Gov. Newsom home for his family,” she said. “Until Greystone, a predatory broker Says 50% Of State's COVID-19 Cases company, defrauded me.” Aged 18-49 Coronavirus Pandemic: San Francisco KCBS’ Anna Duckworth Reports: Emergency Ofcials Say Bay Area Just Days Behind New York

Gage, a retired sheriff’s deputy, said the bank that took over after Man Fatally Shot Inside San Jose Greystone went bankrupt has refused to modify her loan, despite Supermarket; Suspect In Custody her continued payments. 'Rogue Event' Planned At SF Mike Brown, one of Gage’s neighbors, said many in the area are in Nightclub Amid Coronavirus Health Order; City Attorney Moves To Shut the same boat because the banks won’t budge. It Down

Coronavirus Update: Warriors Steph “They’ll come invite us on the steps of City Hall for 50-60 percent Curry, Klay Thompson, Draymond less than what’s owed on the property,” Brown said. “But then, if you Green's Olympic Hopes Placed On miss two payments, they’re ready to throw you out. I don’t Hold understand that.”

Gage’s neighbors said they are starting a homeowner’s association to ght the foreclosures. She and her two grown daughters said they plan to stay at the home, with or without the bank’s approval.

Comments (4)

Coronavirus Update: Gov. Newsom Says 50% Of State's COVID… California Gov. Gavin Newsom provided an update for the state's response to the coronavirus outbreak Tuesday, highlighting that a full half of COVID-19 cases were in…

California: Senior Drivers Are in For a Big Surprise Auto Rates USA | Sponsored

Is this the most addictive World War 3 strategy game? Register and play Conflict of Nations now for free! Conflict Of Nations : World War 3 | Sponsored

This Checkout Hack Can Drop Your Home Depot Total Instantly Wikibuy | Sponsored

PayPal Has 300 Million Members – Yet Few Have This Upgrade Honey | Sponsored

Top US Doctor: Sugar is not the problem (This Is) Gundry MD Metabolic Advanced Supplements | Sponsored

Coronavirus Update: SFMTA Employee Tests Positive

Coronavirus Pandemic: San Francisco Emergency Officials Say Bay Area Just Days Behind New York

If You Like to Play, this City-Building Game is a Must-Have. No Install. Forge Of Empires | Sponsored Follow Us

NEWS SPORTS OTHER CORPORATE San Francisco News Raiders Best Of About Us San Fran Weather SF Giants Only CBS Advertise Business Sharks Travel Connect Politics Warriors HealthWatch Tech Entertainment

©2020 CBS Broadcasting Inc. All Rights Reserved. By viewing our video content, you are accepting the terms of our Video Services Policy Powered by WordPress.com VIP Privacy Policy Terms of Use California Privacy/Info We Collect California Do Not Sell My Info Mobile User Agreement Ad Choices EEO Reports Public File for KPIX-TV / CBS 5 Public File for KBCW-TV / KBCW 44 Cable 12 Public Inspection File Help