To Complaint Atty Bennett

Response

Cal. Super. - 6th Dist.January 19, 2018

= Ww ~N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18CV322046 Santa Clara - Civil A. Hwa Robert F. Bennett, Jr. Electronically Filed State Bar No. 264561 by Superior Court of CA, POWERS MILLER County of Santa Clara, A Professional Corporation on 4/19/2018 9:04 AM 3500 Douglas Blvd, Suite 100 Reviewed By: A. Hwang Roseville, California 95661 Case #18CV322046 Telephone No. (916) 924-7900 Envelope: 1428139 Telecopier No. (916) 924-7980 Attorneys for Defendant, DARIEN E. YU SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA ZAYDA MORALES and ANN GARCIA, Case No. 18CV322046 Plaintiffs, ANSWER TO COMPLAINT VS. DARIEN E. YU and JACK YU and DOES 1 through 100, Defendants. COMES NOW defendant DARIEN E. YU and answers plaintiffs’ complaint on file herein as follows: Defendant denies, generally and specifically, each and all allegations contained in plaintiffs’ complaint on file herein, and in each and every cause of action therein contained, and further denies that plaintiffs were damaged in any sum or sums at all as alleged in said complaint or otherwise. AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that plaintiffs’ complaint fails to state facts sufficient to constitute a cause of action against this answering defendant. 1 ANSWER TO COMPLAINT ng + No 1 O N uin 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 POWERS MILLER A Professional Corporation AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that plaintiffs were careless and negligent in and about the matters described in said complaint and said negligence and carelessness on the part of plaintiffs proximately caused the injuries and damages complained of, if any there were. AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that the injuries and/or damages allegedly sustained, if any there be, were caused solely by the negligence and/or willful and intentional misconduct and/or other legal fault of persons or entities other than these answering defendants, and that if this answering defendant is in any way legally responsible, any damages to which plaintiffs would otherwise be entitled should be reduced in proportion to the amount of legal fault attributable to other persons or entities which caused plaintiffs’ alleged injuries, if any there be. AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that at all times and places mentioned in the complaint, plaintiffs failed to mitigate the amount of their damages, if any. The damages caused to plaintiffs could have been mitigated by due diligence on their part or by one acting under similar circumstances. Plaintiffs’ failure to mitigate is a bar to their recovery under the complaint. AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that plaintiffs’ complaint, and each cause of action therein alleged, is 2 ANSWER TO COMPLAINT B w S O 0 O N W h 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 POWERS MILLER A Professional Corporation barred by the applicable statute of limitations, including but not limited to CCP § 335.1. AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that plaintiffs’ recovery, if any, must be limited to economic damages pursuant to Civil Code § 3333.4. AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that the accident referred to, and all injuries and damages resulting therefrom, if any, were the result of an unavoidable accident, and occurred without any negligence on the part of these answering defendants. WHEREFORE, this answering defendant prays that plaintiffs take nothing from this answering defendant by way of their complaint, that this answering defendant be henceforth dismissed with his costs of suit, and for such other and further relief as the court deems just and proper. Dated: April 16, 2018 POWERS MILLER wr Ko lret Robert F. Bennett, Jr. Attorneys for Defendant, DARIEN E. YU 3 ANSWER TO COMPLAINT O O 0 N N nn Re L N = N O N N N N N N N N N e m e m e m e m e R e e p e 00 ~~ O v B R A W N = O 0 N Y nn Re W N — Oo MORALES v. YU Santa Clara County Superior Court No. 18CV322046 PROOF OF SERVICE I am a citizen of the United States, employed in the County of Placer, State of California. My business address is 3500 Douglas Boulevard, Suite 100, Roseville, California 95661. I am over the age of 18 years and not a party to the above-entitled action. On April 19, 2018, I caused the within ANSWER TO COMPLAINT, the original of which was produced on recycled paper, to be served as follows: XX MAIL - I am readily familiar with Powers Miller's practice for collection and processing of correspondence for mailing with the United States Postal Services. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at Roseville, California at or before the close of each day's business. (CCP Section 1013a(3).) FACSIMILE - April 19, 2018 at a.m./p.m., by use of facsimile machine telephone number (916) 924-7980, I served a true copy of the aforementioned document(s) on the parties in said action by transmitting by facsimile machine to the numbers as set forth below. The facsimile machine I used complied with California Rules of Court, Rule 2003 (3) and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2008 (e), I caused the machine to print a transmission records of the transmission, a copy of which is attached to this Declaration. PERSONAL SERVICE - Delivered by hand to the addressee addressed as set forth below. OVERNIGHT COURIER - By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service. Jessie Serna 1585 The Alameda, Suite 100 San Jose, CA 95126 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 April 19, 2018, at Roseville, California. Ue br Ned HEATHER MATTHEWS M:\Data\Attys\RFB\Morales v. Yu\POS wpd