Hrg 1/8/19 Answer/Response/Denial/Demurrer - First Appearance

Response

Cal. Super. - 6th Dist.September 27, 2018

5 2 0 1 C r e a n A m e r i c a Pa rk ea ay , So us te 3 2 0 Fa ki va J Mc Cu ll ou gh , S A N 28 13 39 S a m i Cl am , C A 2 5 0 5 4 M o r o n B a s u L L P S o n i t n B a s u , S H N 2 8 4 4 2 NORTON BASULLP Attorneys at Law Somita Basu, SBN 284442 Zakiya I. McCullough, SBN 29133 5201 Great America Parkway, Suite 320 Santa Clara, California 95054 Phone: (408) 850 — T7250 Fax: (408) 562 - 5745 Attorneys for Defendant LUXE IMPORTS, LLC SUPERIOR. COURT OF CALIFORNIA COUNTY OF SANTA CLARA CUONG TRAN, ) : Case No: 1BCV333562 Plaintiff, Vs. DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT STEVEN KWOK SHEE. as special administrator of the estate of Evan Chappell; UNIEK MOTORSPORTS, LLC; LUXE IMPORTS, LLC; BANK OF STOCKTON; DOES 1 - 15; Defendants. To r f m ” a m e m t e m m e e m t ” m t P i m ” m i e ” Defendant Luxe Imports, LLC (“Defendant™) hereby answers the unverified Complaint filed by plaintiff Cuong Tran (“Plaintiff”) as follows I. In response to Paragraph 1 of the Complaint, Defendant admits the allegations contained therein. 2 In response to Paragraph 2 of the Complaint, Defendant admits the allegations contained therein. 3 In response to Paragraph 3 of the Complaint, Defendant admits the allegations contained therein. DEFENDANT LUNE B{PORETS LLC ANSWER TO PLAINTIFFS COMPLAINT 8 2 0 1 Gr ea l A m e s i c a P a r k w a y , S u g e 2 2 0 Za ki va J he Cu ll ou gh , S E N 35 91 35 5 Re si n Cl ar e, C A 95 05 1 B o m a Ba su , SH EN 28 44 2 M e r c B a s u L L P 1 11 12 24 25 26 27 28 In response to Paragraph 4 of the Complaint, Defendant admits the allegations contained therein, In response to Paragraph 5 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 6 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 7 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein, In response to Paragraph § of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 9 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 10 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. _ In response to Paragraph 11 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein, In response to Paragraph 12 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. 15. In response to Paragraph 13 of the Complaint, Defendant lacks sufficient information on BEFERDANT LUKE BMPORTS LLC ANSWER TO PLAINTIFFS COMPLAINT 1- 3 L h Bi nn il a B a a n , S H 2 2 4 4 2 Z a k i y a 1. M c C u l l a g h , S B R 2 2 1 3 1 9 2 1 G r e a A m e r i c a Pe sh ow ay , Su it e 3 3 0 H e d a Cl as a, C A 9 5 0 5 4 o a t o n B e s s L L P 5 14, 15. Zik 21, Id. 3, which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 14 of the Complaint, Defendant admits the allegations contained therein. In response to Paragraph 15 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis demies the remaining allegations contained therein. In response to Paragraph 16 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein, In response to Paragraph 17 of the Complaint, Defendant admits the allegations contained therein. In response to Paragraph 18 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 19 of the Complaint, Defendant admits to having possession of the Ciallardo but denies each and every other allegation contained therein. In response to Paragraph 20 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis demes the remaining allegations contained therein. In response to Paragraph 21 of the Complaint, Defendant admits the allegations contained therem In response to Paragraph 22 of the Complaint, Defendant admits the allegations contained therein. In response to Paragraph 23 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. DEFENDANT LUXE IMPORTS LLC ANSWER TO FLAINTIFFSE COMPLAINT 83 01 CG ir ea k A m e r i c s P a f o w a y , Su zi e 5 3 0 S a m a Cl am , C A T5 03 4 BonzilaBa s a , S A N I E e q 2 Fa ki va J Ml cC ul lo ug h, S B N 30 13 3% N o t i o n B a s a L L Y in an x1. 33 In response to Paragraph 24 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegahons contained there. In response to Paragraph 25 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 206 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaiming allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 27 of the Complaint, Defendant denies each and every allegation contained therein. In response to Paragraph 28 of the Complaint. Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein, In response to Paragraph 29 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein In response to Paragraph 30 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein, In response to Paragraph 31 of the Complaint, Defendant denies each and every allegation contained therein. . In response to Paragraph 32 of the Complaint, Defendant denies each and every allegation contained therein. In response to Paragraph 33 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein DEFENDANT LUXE PORTS LLC ANSWER 10 PEAINTIFFS COMPLAINT ERI]Crea l Am er ic as Pa rk sv ay , Su si e 3 2 0 Fa ki va J hc Ca li oa gh , S H Y 3 9 1 5 3 5 Ep ri n Cl ar a, C A 0 5 0 5 4 So jf eh a Ba sa , S A R 38 44 2 M e r i o n P a s a L L P al 40 21. 41 In response to Paragraph 34 through Paragraph 37 of the Complaint, Defendant is not named and therefore lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 38 ofthe Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein In response to Paragraph 39 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein, In response to Paragraph 40 ofthe Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 41 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 42 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 43 of the Complaint, Defendant lacks sufficient information cn which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 44 through Paragraph 52 of the Complaint, Defendant is not named and therefore lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein In response to Paragraph 53 of the Complaint, Defendant lacks sufficient information on DEFENDANT LUXE IMPOBRTS LLC ANSWER TO PLAINTIFFS COMPLAINT Z a k a y n 1, M c C u l l o u g h , S B N 1 9 1 3 3 9 S 2 0 0 G r e e A m e r i c a P a r k w a y , Sa il s 3 2 0 Sa ni a Cl eg ra , C A 9 5 0 5 4 So mi la B a e , T H N 18 24 2 Wa rt on B e s a L L P 10 11 12 13 14 15 16 17 18 19 20 43. 43. Afi. 47. 45 which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 54 of the Complaint, Defendant denies each and every allegation contained therein, In response to Paragraph 55 of the Complaint, Defendant denies each and every allegation contained therein, In response to Paragraph 56 of the Complaint, Defendant denies each and every allegation contained therein. In response to Paragraph 57 of the Complaint, Defendant lacks sufficient information on which to either admit or deny the remaining allegations contained therein and on that basis denies the remaining allegations contained therein. In response to Paragraph 58 of the Complaint, Defendant denies each and every allegation contained therein. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim) The Complaint fails to state any claim upon which relief can be granted against Defendant SECOND AFFIRMATIVE DEFENSE {Complaint Uncertain) Each and all of the purported causes of action set forth in the complaint are uncertain, ambiguous and unintelligible. THIRD AFFIRMATIVE DEFENSE {Failure to Mitigate Damages) so. Plaintiff has failed to diligently mitigate ns damages. 51. FOURTH AFFIRMATIVE DEFENSE {Plaintiff" s Negligence of Other Legal Fault) Defendant alleges that Plaintiff's claims for damages, if any, are barred by Plaintiff’s DEFENDANT LUXE IMPORTS LLC ANSWER TO PLAINTIFF'S COMPLAINT 320]read A n e r i c a Pa rk ow sr y, Su it e 3 2 0 Z a k i y a I. ® E c C u l l o u g h , S B N 2 8 1 3 3 9 Sa nt e C l a r e C A 5 4 0 5 4 S a n t a s B a s u , B E N 2 E 4 4 2 M e r o n Ha su L L P 10 11 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 negligence, or other legal fault of Plaintiff and/or by the negligence or other legal fault of persons and entities other than Defendants. FIFTH AFFIRMATIVE DEFENSE (Lawful Conduct) . Defendant asserts that their conduct and that of their employees and/or agents were at all times reasonable and lawful under the circumstances. SIXTH AFFIRMATIVE DEFENSE {No Damages Suffered) . Defendant alleges Plaintiff did not suffer damage attnbutable to any act of omission of Defendant and/or any of Defendant's employees and/or agents, and that any damages alleged are attnbutable to causes other than anyacts of omissions of Defendants and/or their employees and/or agents. SEVENTH AFFIRMATIVE DEFENSE {Good Faith) . Defendant and/or any of Defendant’s employees and/or agents acted in good faith and without malice, and neither directly nor indirectly performed any acts which would constitute a violation of any laws or regulations or a violation of any right, contractual or otherwise, or any duty owed to Plaintiff, EIGHTH AFFIRMATIVE DEFENSE (No Known Damages) . The measure of Plaintiff's damages, if any, are based upon guesswork, speculation and conjecture. NINTH AFFIRMATIVE DEFENSE {Unclean Hands) Each and all of the purported causes of action in Plaintiff’s Complaint are barred by the doctrine of unclean hands due to Plaintiffs own actions not in good faith. TENTH AFFIRMATIVE DEFENSE DEFENDANT LUNE IMPORTS LLC ANSWER TO FLAINTIFF'S COMPLAINT S3 01 C h e t Am er ie k Fa ri ow ay , S i e 32 0 Za ki yv eJ .M cC ul lo ug h, B K 19 13 39 Sa ri ta Cl ar n, CA 95 05 4 S o i l B a s a , S A N 2 8 8 4 2 Wa oe ti m B a s s L L Y 10 11 12 14 15 16 17 18 19 20 21 22 23 24 26 27 28 (Estoppel) 57. By reason of Plaintiff's own conduct, representations, omissions and delays, Plaintiff is estopped from claiming any recovery against this answering Defendant. ELEVENTH AFFIRMATIVE DEFENSE (Laches) 55. By reason of Plaintiff"s own conduct, including unreasonable delay, Plaintiff is barred under the doctrine of laches from obtaining any relief against this answering Defendant. TWELFTH AFFIRMATIVE DEFENSE (Waiver) s%. As a matter of fact and law, Plaintiff has waived any and all claims related to the Defendant's actions or omissions in this matter, THIRTEENTH AFFIRMATIVE DEFENSE (Insufficient Knowledge of Facts and Leave to Amend) sr. Defendant does not presently know all facts concerning the conduct of Plaintiff and other Co-Defendants sufficient to state all affirmative defenses at this time. Defendant will seek leave of this Court to amend this Answer should it later discover facts demonstrating the existence of additional affirmative defenses. DEFENDANT LUXE IMPORTS LLC ANSWER TO PLAINTIFF'S COMPLAINT 13 00 C h g As ne ri ck Fa io wa y, S u s e 32 0 F a k i v a | M e C u l l c a g h , S E R 3 9 1 3 5 % B a s a Cl ar a, C A 9 5 0 5 4 F o r t i n B o w s L L P S o m i l n B a s e , S A M 2 8 4 4 2 10 11 13 14 15 16 i 18 19 20 21 WHEREFORE, Defendant prays that: Plaintiff's Complaint be dismissed with respect to the First, Third and Fifth Causes of Action i Plaintiff take nothing, 3. Defendant be awarded tile to the Gallardo. + Defendant be awarded their costs, including reasonable attorney's fees, together with such otherrelief as the Court may deem appropriate. Date: January 4, 2019 Respectfully Submitted Morton Basu LLP oy,Gobo]Adm “Zakiya I. McCullough, Esq. Attorneys for Defendant DEFENDANT LUXE IMPORTS LLC ANSWER TO PLAINTIFF'S COMPLAINT