Response

Cal. Super. - 5th Dist.May 8, 2017

~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 William S. Kronenberg - 133730 E-FILED James E. Burns - 241864 7/5/2017 11:09:20 AM Kronenberg Law, P.C. FRESNO COUNTY SUPERIOR COURT One Kaiser Plaza, Suite 1675 By: C. Cogburn, Deputy Oakland, CA 94612 Telephone: (510) 254-6767 Facsimile: (510) 788-4092 Attorneys for Defendant PACIFIC GAS AND ELECTRIC COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO IDS PROPERTY CASUALTY INSURANCE Case No.: 17CECG01576 COMPANY, Co ANSWER BY PACIFIC GAS AND Plaintiff, ELECTRIC COMPANY TO PLAINTIFF’S v COMPLAINT PACIFIC GAS AND ELECTRIC COMPANY and DOES 1 TO 50, Defendants. COMES NOW defendant PACIFIC GAS AND ELECTRIC COMPANY and in answering the unverified Complaint of plaintiff IDS Property Casualty Insurance on file herein, denies and alleges as follows: GENERAL DENIAL: Defendant PACIFIC GAS AND ELECTRIC COMPANY denies each and every, all and singular, generally and specifically, the allegations in the Complaint on file herein, denies that this answering defendant was negligent and/or careless, and further denies that plaintiff was damaged in any sum, sums or at all. AFFIRMATIVE DEFENSES: I. AS A FIRST AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that the Complaint _1- ANSWER BY PACIFIC GAS AND ELECTRIC COMPANY TO PLAINTIFF'S COMPLAINT ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fails to state facts sufficient to constitute a cause of action. 2 AS A SECOND AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that plaintiff and/or its insureds were negligent and/or careless in and about the matters referred to in the Complaint and to the extent that such negligence and/or carelessness on the part of plaintiff and/or its insureds caused and/or contributed to the cause of the subject incident and/or plaintiff’s injuries, plaintiff’s recovery should be barred or proportionately reduced. 3. AS A THIRD AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that the Complaint, and each cause of action therein, is barred by the applicable statutes of limitations stated in Part 2, Title II, Chapter 3, of the Code of Civil Procedure, including but not limited to §§335.1, 337, 338, 338(b), 338(c), 339, 340, 340(3) and 343. 4. AS A FOURTH AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that other parties may have been negligent or legally responsible or otherwise at fault for the damages alleged in plaintiff’s Complaint. Answering defendant therefore request that in the event of a finding of any liability in favor of plaintiff, or settlement or judgment against answering defendant, an apportionment of fault be made among all parties, as permitted by Li v. Yellow Cab Co. and American Motorcycle Assn. v. Superior Court, by the Court or jury. Defendant further requests a judgment and declaration of partial indemnification and contribution against all other parties or persons in accordance with the apportionment of fault. 5. AS A FIFTH AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that plaintiff and/or its insureds failed and neglected to use reasonable care to protect themselves and to minimize the losses and damages complained of, if any there were, and to avoid the consequences thereof. 6. AS A SIXTH AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that plaintiff and/or its insureds expressly and implicitly assumed the risk of damage, injury and loss as alleged in the SD. ANSWER BY PACIFIC GAS AND ELECTRIC COMPANY TO PLAINTIFF'S COMPLAINT ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 complaint, knowingly and voluntarily, thus its claims are barred by the doctrine of implied assumption of risk. 7. AS A SEVENTH AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that plaintiff’s causes of action herein are subject to the statutory limitation of Civil Code Section 1431, et seq., relating to joint and several liability for economic and noneconomic damages. 8. AS AN EIGHTH AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant is informed and believes, and thereon alleges that, because plaintiff’s complaint is couched in conclusory terms, all affirmative defenses that may be applicable to the within action cannot be fully anticipated. Answering defendant accordingly reserves the right to assert additional affirmative defenses. WHEREFORE, defendant PACIFIC GAS AND ELECTRIC COMPANY prays that plaintiff take nothing by way of its Complaint on file herein, and that defendant be awarded its costs of suit and such other relief which the court deems just and proper. DATED: June 30, 2017 KRONENBERG LAW, P.C. i [Ow— [ie William S. Kronenberg Attorney for Defendant PACIFIC GAS AND ELECTRIC COMPANY = = ANSWER BY PACIFIC GAS AND ELECTRIC COMPANY TO PLAINTIFF'S COMPLAINT ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, Melanie Cleary, declare: I am a citizen of the United States, am over the age of eighteen years, and am not a party to or interested in the within entitled cause. My business address is 1 Kaiser Plaza, Suite 1675, Oakland, CA 94612. On June 30, 2017, I served the following document(s) on the parties in the within action: ANSWER BY PACIFIC GAS AND ELECTRIC COMPANY TO PLAINTIFF’S COMPLAINT BY MAIL: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses listed below, and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice XX | for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Philip A. Fant Attorney for Plaintiff FANT LAW OFFICE IDS PROPERTY CASUALTY INSURANCE P.O. Box 695 COMPANY Kentfield, CA 94914 T: (415) 747-8787 F: (415) 532-2501 pfant@fantlaw.com I declare under penalty of perjury under the laws of the State of California that the foregoing is a true and correct statement and that this Certificate was executed on June 30, 2017. — By Melanie Cleary _4- ANSWER BY PACIFIC GAS AND ELECTRIC COMPANY TO PLAINTIFF'S COMPLAINT