Answerresponsedenialdemurrer__first_appearanceResponseCal. Super. - 1st Dist.January 16, 201818CV 000053 Napa - Civil PLD-PI-003 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: Insurance Litigators & Counselors, PLC. 707.462.6117 Joseph John Turri (SBN:181994); Attila Panczel (SBN:250799) 445 North State Street Ukiah, CA 95482 ATTORNEY FOR (NAME): High Lob, LLC. Insert name of court, judicial district or branch court, if any, and post office and street address: Superior Court Of The State of California, For The County Of Napa 825 Brown Street Napa CA 94559 PLAINTIFF: Kim Potvin FOR COURT USE ONLY FILED 3/19/2018 2:13 PM Clerk of the Napa Superiof By: Tosha Deluna, Deputy DEFENDANT: High Lob, LLC. ANSWER—Personal Injury, Property Damage, Wrongful Death | “ASE NUMBER: COMPLAINT OF (name): Kim Potvin 18CV000053 [J CROSS-COMPLAINT OF (name): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 4 DEFENDANT OR CROSS-DEFENDANT (name): High Lob, LLC. 2: Generally denies each allegation of the unverified complaint or cross-complaint. 3 a. [_] DENIES each allegation of the following numbered paragraphs: b. C1] ADMITS each allegation of the following numbered paragraphs: c. [_] DENIES, ON INFORMATION AND BELIEF, each allegation of the following numbered paragraphs: d. [_] DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation of the following numbered paragraphs: e. [__] ADMITS the following allegations and generally denies all other allegations: Page 1 of 2 Fi A ed for Of | Use a Code of Civil Procedure, § 425.12 ti ANSWER—Personal Injury, Property Damage, Wrongful Death bisporus PLD-PI-003 [Rev. January 1, 2007] Court PLD-PI-003 SHORT TITLE: CASE NUMBER: Kim Potvin v. High Lob, LLC. 18CV000053 ANSWER—Personal Injury, Property Damage, Wrongful Death f. 1 DENIES the following allegations and admits all other allegations: g.[1 Other (specify): AFFIRMATIVELY ALLEGES AS A DEFENSE 4. The comparative fault of plaintiff or cross-complainant (name): as follows: The incident complained of by Plaintiff was caused by Plaintiff's own negligence and any recovery, if any, must be reduced by a percentage of Plaintiff's own negligence or lack of care. 5. [1] The expiration of the Statute of Limitations as follows: 6. [1 other (specify): See: ATTACHMENT TO PARAGRAPH 6 [PAGES 1-2] 7. DEFENDANT OR CROSS - DEFENDANT PRAYS For costs of suit and that plaintiff or cross-complainant take nothing. 1 other (specify): Date: 3) 19|2ci& JOSEPH JOHN TURRI ¢ (Type or print name) (Signature of party or attorney) PLD-PI-003 [Rev. January 1, 2007] ANSWER—Personal Injury, Property Damage, Wrongful Death Page 2 of 2 ATTACHMENT TO PARAGRAPH 6 DEFENDANT alleges the following affirmative defenses: ~L Any damages claimed by Plaintiff were caused in part or in total by the negligence of others and therefore any recovery from this Defendant must be apportioned pursuant to Civil Code §§1431, 1432. 2 Any damage proven to have been sustained by Plaintiff was the direct and proximate result of the independent and superseding action of Plaintiff and other persons or parties. 3. Plaintiff failed to mitigate any damages alleged. Therefore, any damages awarded to Plaintiff shall be limited to the damages Plaintiff would have sustained had Plaintiff mitigated her damages. 4, The Complaint and the whole thereof fail to set forth sufficient facts to state a cause of action against this answering Defendant. 5. The Complaint is barred by res judicata and/or collateral estoppel. 6. The claim of Plaintiff is barred due to Plaintiff’s assumption of risk due to the nature of the activity and/or occupation Plaintiff was engaged in. 7 Plaintiff's recovery is limited to the exclusive provisions of workers’ compensation. 8. Plaintiff was injured in the course and scope of employment and Plaintiffs employer’s negligence caused and/or contributed to Plaintiff's damages/injuries. Any recovery by Plaintiff’s employer for worker’s compensation benefits paid out shall therefore be reduce accordingly. Witt v, Jackson (1961) 57 Cal.2d 57, 72 9. Any recovery of the Plaintiff is barred by primary assumption of risk. 10. Any recovery of the Plaintiff, if any, is barred by Privette v. Superior Court (1993) 5 Cal.4th 689, 693, and its progeny. 11. The claim of Plaintiff is barred by the provisions of Civil Code §846 “Recreational Immunity”). 12, Any defect of the premises, if any, was open and obvious. 13. Any alleged defect of the premises was trivial as a matter of law. 14, If Plaintiff is entitled to any recovery at all Plaintiff's sole and exclusive forum for recovery is workers’ compensation. 15. Defendant was not Plaintiff’s employer and the provisions of CAL-OSHA are not applicable. 16. This Defendant did not affirmatively contribute to the Plaintiff's injuries therefore the provisions of Labor Code §6304.5 do not apply to Defendant(s). 17. Plaintiff was not on the Defendant's property with consent or permission. 18. Others are responsible for the incident and their liability must be apportioned pursuant to Civil Code §1431.2. [ am a citizen of the United States: I am over 18 years of age: and not a party to this action my business address is 445 N. State Street . [ am employed in the County of Mendocino where this service occurred. On March 19, 2018, I served the following document(s): Answer to Complaint By placing a true copy thereof enclosed in a sealed envelope and/or package and served in the manner and/or manners described below to each of the parties herein and addressed as follows: XXX BY MAIL: I caused such envelope(s) to be deposited in the mail at my business address, addressed to the addressee(s) designated. I am readily familiar with the offices practice for collection and processing of correspondence and pleadings for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. Abbey, Weitzenberg, Warren, & Emery, PC P.O. Box 1566 Santa Rosa, CA 95402 BY HAND DELIVERY: I caused such envelope(s) to be delivered by hand to the addressee(s) designated below: BY FEDERAL EXPRESS: I caused such package to be delivered via Federal Express to the addressee(s) designated: BY FACSIMILE: I caused said documents(s) to be transmitted to the telephone number(s) of the addressee(s) designated. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Ukiah, California, on March 19, 2018. pe Ie Joseph John Turri
