Nicholls_answer_to_complaintResponseCal. Super. - 6th Dist.August 23, 2017SS OO 00 NN O N wn pA W N RN O N N N O N NN O N N O N = e m e a e d = p d BE e d a p a © 9 A Ln BA W N = O 0 N N O R W N — ELECTRONICALLY FILED Superior Court of California Christopher W. Rivera County of Santa Cruz State Bar No. 195493 1/19/2018 11:19 AM CARBONE, SMOKE, SMITH, Alex Calvo, Clerk BENT & LEONARD By: Amaceli Lopez, Depu ATTORNEYS AT LAW ( I) Ah 1735 TECHNOLOGY DRIVE, SUITE 500 - SAN Jose, CA 95110-1390 408-392-8656 ATTORNEYS FOR DEFENDANT JERROD NICHOLLS SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ UNLIMITED CIVIL JURISDICTION LISA ANN DAWSON, Case No. 17CV02207 Plaintiff, JERROD NICHOLLS' ANSWER TO COMPLAINT V. JERROD NICHOLLS; CARLOS ALFREDO ROMERO-ROCHA; CARLOS ROMERO; and DOES 1 through 50, Defendants. COMES NOW defendant JERROD NICHOLLS and answers the complaint on file herein as follows: 1. Under the provisions of Section 431.30 of the Code of Civil Procedure of the State of California, this answering defendant generally denies each and every allegation of the complaint, and the whole thereof, and further denies that plaintiff has been or is now or will be damaged to the extent alleged or to any other extent. AS AND FOR FURTHER, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSES, ANSWERING DEFENDANT AVERS: FIRST AFFIRMATIVE DEFENSE 2. The incident or incidents complained of by plaintiff herein were caused, in whole or in part, by the negligence of the plaintiff. Any recovery by plaintiff in this case must be reduced by that percentage of the plaintiff's negligence which contributed to the incident or JERROD NICHOLLS' ANSWER TO COMPLAINT [2665848v1] S S OO 0 NN O N Wn RA W N N N O N O N O N N O N RN BN O R E s e e Re a e d a p d fe p d e d 0 NJ A n n BA W I N D = O 0 N N N B R A W N — incidents. SECOND AFFIRMATIVE DEFENSE 3. Plaintiff failed to use reasonable care to mitigate, in whole or in part, the damages alleged in the complaint. THIRD AFFIRMATIVE DEFENSE 4. Damages complained of by plaintiff herein were caused, in whole or in part, by acts and omissions of persons other than this answering defendant, which other persons may or may not be named as defendants in this action. This answering defendant should only be required to pay that portion of the plaintiff's damages attributable to this answering defendant pursuant to Civil Code sections 1431.2 and/or 1432. FOURTH AFFIRMATIVE DEFENSE 5. The complaint and/or causes of action therein fail to state facts sufficient to constitute a cause of action against this answering defendant. FIFTH AFFIRMATIVE DEFENSE 6. Defendant is informed and believes, and thereon alleges, that prior to the filing of the complaint herein, plaintiff entered into a settlement for the property damage to and loss of use of said plaintiff’s vehicle and released all claims for such damages. WHEREFORE, defendant prays: 1. That plaintiff takes nothing; 2. For costs of suit herein; and 3. For such other and further relief as the Court deems just and proper. DATED: January 19, 2018 CARBONE, SMOKE, SMITH, BENT & LEONARD \ / At . Christopher W. Rivera Attorneys for Defendant Jerrod Nicholls i: JERROD NICHOLLS' ANSWER TO COMPLAINT S © xX ON O N Ln Bx W N RX J A nn kA W I N D = O 0 X N O N N R W Dawson v. Nicholls Santa Cruz County Superior Court Case No. 17CV02207 PROOF OF SERVICE BY MAIL [, Eric J. Winberg, am employed by the office of Carbone, Smoke, Smith, Bent & Leonard in 1735 Technology Drive, Suite 500, San Jose, CA 95110. I am over the age of 18 years and am not a party to this action. ['am readily familiar with my employer's business practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service the same day it is placed for collection in the ordinary course of business. I served the accompanying JERROD NICHOLLS' ANSWER TO COMPLAINT; NOTICE OF DEPOSITION OF LISA ANN DAWSON WITH PRODUCTION OF DOCUMENTS: DEMAND FOR INSPECTION (SET NUMBER 1); SPECIAL INTERROGATORIES (SET NUMBER 1); AND FORM INTERROGATORIES—GENERAL (SET NUMBER 1) by placing the document(s) for collection and mailing on the date below, following ordinary business practices at the above business address of my employer, in a sealed envelope or envelopes, with postage fully paid, and addressed to: Eva D. Silva, Esq. Attorney for Plaintiff Schaar & Silva, LLP 900 E Hamilton Ave Ste 100 Campbell, CA 95008-0668 [ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: January 19, 2018 EVAR Nee J. Winberg PROOF OF SERVICE [2665848v1]
