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James Alan Bush 2967 Sherbrooke Way San Jose, California 95127 (408) 569-1634 Defendant in pro per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA SAN JOSE DIVISION

Yvonne Ly, et al., Plaintiffs, v. James Alan Bush, Defendant.

Case No. DECLARATION OF JAMES ALAN BUSH IN SUPPORT OF DEFENDANT’S MOTION TO QUASH SERVICE OF SUMMONS HEARING: DEPT: JUDGE: DATE: ______________________________ ______________________________ ______________________________ ______________________________

I, James Alan Bush, hereby declare: I am named as a defendant in this matter and reside at 2967 Sherbrooke Way, in San Jose, which premises is the subject of this action. Plaintiffs served a notice of termination of tenancy for the month of February 2013. Subsequent to the service of the termination notice, the plaintiffs and I mutually agreed upon an extension through the month of March 2013 [plaintiffs prepared a written contract stating the aforementioned terms, and presented it to plaintiff, a copy of which will be presented at the hearing]. Plaintiffs also agreed to accept rent for the aforestated month [a copy of the text messages DECLARATION PAGE 1 OF 2

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sent by the plaintiffs to this effect to be presented at the hearing]. I made available $600, the amount of one-month’s rent from March 1st, 2013, and until March 5th, 2013, the time period allotted for payment of rent; however, on or after March 6th, 2013, the plaintiffs refused to accept the rent, and otherwise complicated by excuses as to why rent could not be given to them at any given time when I was available to pay it [a copy of the text messages showing these excuses, as well as the plaintiff’s obvious attempt to avoid payment of rent without appearing to have rescinded our mutual agreement that it would be accepted, to be presented at the hearing]. Even subsequent to their refusal to accept rent, I remained available to pay rent for the month of March 2013, as was agreed upon between the parties; however, the plaintiffs then served the defendant with a summons and complaint for unlawful detainer. I was never served with a notice of termination of tenancy for the period of March 2013; moreover, the plaintiffs served the summons and complaint for unlawful detainer prior to the expiration of the agreed upon extension. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on March 18th, 2013, in San Jose, California. Dated: March 18th, 2013

Respectfully submitted,

James Alan Bush Defendant in pro per

DECLARATION

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