Answer Unlimited Fee AppliesCal. Super. - 6th Dist.February 21, 20191 2 4 5 6 :1 9 10 IJ, tPis answering defendant is entitled to, and claims the benefit of, all defenses and presumptions set forth in or arising from any rule of law ot statute in this state. AS i ... SEVEl'~TEEl'~TH, SEPARATE A:t~D AFFIRlviATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, this answering defendant alleges that if plaintiff recovers damages from this answering defendant, this answering defendant is entitled to indemnification, either in whole or in part, from all persons or entities whose negligence, fault, or conduct proximately caused or contributed to the damages allegedly incurred by plaintiff. 4 Answer of Complaint Case No: 19CV343431 584037 1 AS AN EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE 2 COMPL_AINT ON FILE HEREIN, this answering defendant alleges that if this answering 3 defendant is found to be liable for any of plaintiffs losses and damages, which defendant denies 4 I any and all liability, plaintiff should be lin-uted to seek and recover from this answering I 5 defendant only that proportion of alleged damages and losses for which this answering 6 defendant is liable and responsible under any applicable theory. 7 AS A 1~INETEE1~TH, SEPARATE AND AFFIRlYfATIVE DEFEl'-JSE TO Tf-IE 8 COMPLAINT Ol~ FILE HEREIN, this answering defendant acknowledges that she may have 9 insufficient knowledge or information on which to form a belief as to whether additional 10 affirmative defenses are available; therefore, this answering defendant reserves the right to 11 assert additional affirmative defenses as appropriate. 12 WHEREFORE, defendant prays that plaintiff takes nothing against said defendant by 13 her said complaint, and that defendant has judgment for her costs of suit herein incurred, 14 together with such other and further relief as may be just and proper. 15 16 17 18 19 II 20 21 22 23 24 25 26 27 28 Dated: May~, 2019 Answer of Complain t Case N o: 19CV343431 5 Rebe D. Iv1artino Attorneys for Defendant Vivian Minh-Hanh Nguyen 584037 1 2 3 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) 4 I, the undersigned, declare that I am employed in the County of San Mateo, State of 5 California. I am over the age of eighteen (18) years and not a party to the within action. My 6 business address is 555 Twin Dolphin Drive, Suite 300, Redwood C_ity~ California 94065. My 7 electronic mail address is kratto@chdlawyers.com. 8 I am readily familiar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On May 3, 2019, I served a copy of each of the documents listed below by placing said 12 copies for processing as indicated herein. 13 DEFENDANT'S ANSWER TO COMPLAINT 14 :xx 15 16 17 18 19 20 21 22 23 24 'l c II L.J II 26 27 28 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 overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier 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, 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 ~o ~ f~csimile, !TIachi,ne 1 maintaine9 by the. pa~ty or ~ttorney to be served at ~~e raCslmlle mac rune telepnone number provIded by saId party or attorney, on thIS same date in the ordinarv course of ousiness. The transmission was renorted as complete and without err~r, and a record of the transmission was properly"'issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 5 ii 6 7 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. 8 PERSONS OR PARTIES SERVED: 9 Reuben J. Donig, Esq. 10 Lavl Offices of Reuben J. Donig 177 Bovet Road, Suite 600 11 San Mateo, CA 94401 12 13 14 Telephone: Facsimile: E-mail: (650) 638-2336 (650) 638-2536 rjdoniglaw@aol.com 15 I certify (or declare) under penalty of perjury under the laws of the State of California that 16 the foregoing is true and correct and that this declaration was executc.J,~"t:l-J...Y.l 17 18 1 19 Ii II 20 Court Action No: 1<1 Superior Court of CalifOrnia,S anta Clara County 19CV343431 21 Case Name: Lo, Esperanza v. Ng'9'en 22 23 24 26 27 28