To Complaint Atty FadliResponseCal. Super. - 6th Dist.March 5, 2018Ww ~J aN wn I~ co Electronically Filed Randolph S. Hicks, Esq. - SBN 83627 ; Mahmoud A. Fadi, Fs, - SBN 280607 Eas Car CODDINGTON, HICKS & DANFORTH 7112/2018 4:46 PM A Professional Corporation, Lawyers on J iad] 555 Twin Dolphin Drive, Suite 300 Reviewed By: R. Tien Redwood City, CA 94065-2133 Case #18CV324252 Tel.: 650.592.5400 Envelope: 1719253 Fax: 650.592.5027 ATTORNEYS FOR Defendant Mark Busch IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BARBARA ZYLBERT and TODD Case No. 18CV324252 SALDINGER, ANSWER TO UNVERIFIED COMPLAINT Plaintiffs, vs. MARK BUSCH; Does 1 to 50, Defendant. COMES NOW defendant Mark Busch and in response to the unverified complaint of plaintiffs Barbara Zylbert and Todd Saldinger on file herein, herewith denies each and every, all and singular, the allegations therein contained, and in this connection, defendant denies that plaintiffs have been injured or damaged in any of the sums mentioned in the complaint, or in any sum whatsoever or at all, as a result of any act or omission of this answering defendant. AS A FURTHER, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant alleges that said complaint, and each cause of action thereof, fails to state facts sufficient to constitute a cause of action against this defendant. AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this Aswetag defendant alleges that plaintiffs were Answer to Unverified Complaint Case No: 18CV324252 507125 Ww Oo 0 NN o v n h themselves careless and negligent in and about the matters alleged in the complaint; that said carelessness and negligence on the plaintiffs’ own part proximately contributed to the happening of the incident and to the loss and damage complained of, if any there were; that should plaintiffs recover damages, defendant is entitled to have the amount thereof abated, reduced or eliminated to the extent that plaintiffs’ negligence caused or contributed to the loss or damages, if any. AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant alleges that plaintiffs acted with full knowledge of all the facts and circumstances surrounding their injuries and assumed the risk of the matters causing their injuries, and that said matters of which plaintiffs assumed the risk proximately contributed to the happening of the incident at bar and proximately caused their injuries, if any. AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant alleges that named and/or unnamed third parties were careless and negligent in and about the matters alleged in the complaint; that said carelessness and negligence of said named and/or unnamed third parties proximately contributed to the happening of the incident and to the injuries, loss and damage complained of by plaintiffs, if any there were; that should plaintiffs recover damages, this answering defendant is entitled to have the amount thereof abated, reduced or eliminated to the extent that said named and/or unnamed third patties’ negligence caused or contributed to AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant alleges that plaintiffs failed subsequent to the occurrence described in the complaint propetly to mitigate their damages and thereby are precluded from recovering those damages which could have reasonably been avoided by the exercise of due care on the part of plaintiffs. AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant alleges that plaintiffs’ complaint, 2 Answer to Unverified Complaint Case No: 18CV324252 507125 ~N on nn R W wo 10 11 12 13 14 15 16 17 i8 19 20 and each cause of action thereof, is barred by the applicable period of limitations including, but not limited to, limitations codified in Code of Civil Procedure §§ 335.1 and 338. WHEREFORE, defendant prays that plaintiffs take nothing against said defendant by their said complaint; that defendant obtains judgment for his costs of suit herein incurred, together with such other and further relief as may be just and proper. Dated: July 11, 2018 Answer to Unverified Complaint Case No: 18CV324252 507125 OO 0 9 NN nh B W N e ND N N N N N O N m m em e a b a e m e m e m p d pe pe A N RA W N == O D N YN R W m = O [$ ®) J No 0 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is aprasad@chdlawyers.com. I am readily familiar with my employer’s business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On July 12, 2018, I served a copy of each of the documents listed below by placing said copies for processing as indicated herein. ANSWER TO UNVERIFIED COMPLAINT X United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnig t delivery carrier, or delivered to a courier or driver authorized by the overnight delivery catrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, in] or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney’s office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the patty or attorney to be served at the facsimile machine telephone number prov! ed by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was propetly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 4 wD No wn Oo 0 N N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257 (a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer’s office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: Barbara Zylbert Todd Saldinger P.O. Box 3605 Saratoga, CA 95070 Telephone: Facsimile: E-mail: TODDGSH@WILDBLUE.NET I certify (or 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 July 12, 2018. A Z -- La % Fé ATER Dez pe 7 = { J i 7 ~ C Anita Prasad Court: Superior Court of California, Santa Clara County Action No: 18C17324252 Case Name: Zy/bert v. Busch