Answer Unlimited Fee AppliesCal. Super. - 6th Dist.September 24, 2020Alan F. Hunter, Esq. (SBI 099805) Elizabeth G. Landess, Esq. (SBI 138353) 2 GAVIN CUNNINGHAM & HUNTER 1530 The Alameda, Suite 210 3 San Jose, California 95126 Email: hunter@gclitigation.corn 4 Telephone: 408/294-8500 Telefax: 408/294-8596 6 Attorneys for Defendant Ly Ung 6 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CLARA - UNLIMITED JURISDICTION e w e 4 g U @ 0 oCl U g gt7m ~ Z 60 Z O Ct g 12 14 16 17 ls 19 HSIU HUA CHANG, Plaintiff, vs. LY CHHAY UNG, et al., Defendants. ) Case No.: 20-CV371152 ) ) ) ANSWER TO COMPLAINT ) ) Answering Party; Def- Ung ) Jury Demand: Def- Ung ) ) ) ANSWER TO COMPLAINT Defendant Ly Ung hereby answers the complaint of Plaintiff Hsiu Hua Chang as set forth 20 below. 21 22 23 General Denial Pursuant to section 431.30 of the California Code of Civil Procedure, Defendant 24 generally denies each and every allegation of Plaintiff s complaint. Defendant further denies that 26 Plaintiff has suffered or will suffer any injury or damage as a proximate or legal result of any act 26 or failure to act on Defendant's part. 27 // // 2S ANSWER TO COMPLAINT Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/17/2020 6:39 PM Reviewed By: M Vu Case #20CV371152 Envelope: 5315237 Without waiver of the foregoing denial, and subject to the same, Defendant alleges the 2 additional separate and further defenses that follow. In asserting said defenses, Defendant does 3 not assume any obligation of proof other than those already imposed upon Defendant by law. 4 Furthermore, unless expressly limited, each of the defenses set forth herein applies to each and 6 every cause of action in question. 7 Affirmative Defenses B 1. The subject complaint, and each and every purported cause of action contained therein, 9 fails to state facts sufficient to constitute a cause of action against Defendant. 10 2. Plaintiff, by reason of Plaintiff's negligence and other wrongdoings in and about the e 4 cl o w e g g ra13~~ Z 1 bD 0 L7 g subject matter of this action, is estopped to assert any claims against Defendant. 13 3. Plaintiff has failed to exercise reasonable care and diligence in and about the matters 14 pertaining to this action. In this regard, Defendant is informed and believes, and thereon alleges, 15 that if Plaintiff suffered (or will suffer) any injury or damage respecting the matters alleged in the 17 subject complaint, that injury or damage was (or will be) the proximate/legal result of one or more acts/omissions of Plaintiff and/or others for whom Defendant is not responsible. 19 4. Defendant is informed and believes, and thereon alleges, that if Plaintiff suffered (or 20 will suffer) any injury or damage respecting the matters alleged in the subject complaint, that 21 injury or damage was (or will be) either wholly or partially caused by the negligence and/or fault 23 of Plaintiff or others having no relationship to Defendant - and any of such negligence and/or 24 fault comparatively reduces the percentage of negligence and/or fault (if any) that may be 25 attributed to Defendant, and further limits any right Plaintiff may have to recover economic and 26 non-economic damages. 27 ANSWER TO COMPLAINT 5. Plaintiff's injuries and damages, if any, were the result of an intervening cause having 2 no connection with Defendant. 3 6. Plaintiff has failed to exercise reasonable care and diligence in mitigating Plaintiff s 4 alleged injuries and damages, if any. 6 7. The subject complaint, and each and every purported cause of action contained therein, 7 is uncertain and unintelligible. 8 8. Plaintiff's injuries and damages, if any, were the result of an unavoidable accident. 9 9. Defendant is entitled to a setoff for any monies paid to Plaintiff in connection with g rtl fIj 1 4 Clg U cl o tJ M g e Z Ct L2 g Plaintiff s alleged injuries and damages. 12 10. The subject complaint, and each and every purported cause of action contained 13 therein, is barred or otherwise abrogated by the statute of limitations and/or the doctrine of 14 laches. 15 16 11. The subject complaint, and each and every purported cause of action contained therein, is barred or otherwise abrogated by Plaintiff's assumption of the risk that Plaintiff would 18 be injured in the manner in question. 19 // // 20 // // 21 II II // // // // 25 // I/ 26 // // 28 //// ANSWER TO COMPLAINT ~Pra er 2 Defendant prays for judgment against Plaintiff, with respect to each and every purported 3 cause of action and the entirety of the subject complaint, as follows: 1. That Plaintiff take 4 nothing by Plaintiff's complaint; 2. That Defendant recover costs of suit and reasonable 6 attorneys'ees and expenses; and 3. That Defendant be awarded such other and further relief as the Court may deem just and proper. 8 Dated: November 17, 2020 9 GAVIN CUNNINGHAM 2 HUNTER~iced.e-~~e O4'9'ZO5 10 III C 1 W g t2 CI 0 tJ Ul g g atsar ~ Z bD 0 U g 12 13 14 16 17 19 Alan F. Hunter, Esq. Attorneys for Defendant-Ung 20 21 22 23 24 25 26 27 28 ANSWER TO COMPLAINT Case Name: Case No.: Chanu v. Un@, et al. 20-CV371152 PROOF OF SERVICE 1 I certify and declare as follows: I am over the age of 18 years, and not a party to the within 2 action. My business address is 1530 The Alameda, Suite 210, San Jose, California 95126, which 3 is located in the county where the mailing described below took place. The documents which are 4 the subject of this Proof of Service are: 5 ANSWER TO COMPLAINT On the date listed below, I served the above documents by placing a true and correct copy 7 thereof enclosed in a sealed envelope and served in the manner and/or manners described below to 8 each of the parties herein addresses as stated below: 9 ATTORNEYS FOR PLAINTIFF Scott Seabaugh, Esq. Seabaugh Law Office 75 E. Santa Clara Street, Suite 1 400 San Jose, California 95113-1839 Teh 408/298-6647 Fax: 408/298-6640 Email: X United States Postal Service, U.S. Mail, with First Class postage prepaid and deposited in a sealed envelope at San Jose, California. I am readily familiar with the business practice at my place ofbusiness for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. 18 Facsimile Transmission 19 Hand-Delivery 20 I certify under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. 22 Executed on: November 17, 2020 23 24 J nn Hunter 25 26 27 PROOF OF SERVICE - I