Answer Unlimited Fee Applies

Cal. Super. - 6th Dist.November 24, 2020

\DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO Electronically Filed McPHARLIN SPRINKLES & THOMAS LLP by Superior Court of CA,PAUL S. AVILLA, Bar #120458 county of Santa Clara, 160 W. Santa.C1aroa St., Ste. 625 on 12/1 5/2020 2:41 PM San Jose, Cahfornla 951 13 Reviewed By: F. Miller Telephone: (408) 293-1900 case #Zocv373987 Facsimile: (408) 709-5409 Envelope: 5477091 pavilla@mstpartners.com Attorneys for Defendant and Cross-Complainant DEALERCMO, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA TERISHKA FRANCO, ) Case N0.: 20CV373987 Plaintiff, 3 V. ) ANSWER TO COMPLAINT DEALERCMO, INC. and DOES 1 through 50,) inclusive, ) Defendants, g DEALERCMO, INC, 3 Cross-Complainant, ) ) V. ) TERISHKA FRANCO, aka, TERISHKA ) GALLUS., and ROES 1 through 10, inclusive, g Cross- Defendants. ) ) Defendant DealerCMO, Inc. (hereinafter “‘Defendant”) hereby generally denies each and every allegation 0f the unverified Complaint filed by Plaintiff Terishka Franco. Defendant further denies that Plaintiff is entitled t0 any relief whatsoever, and denies that Plaintiff has suffered any injury at all. Pursuant to section 43 1 .30(b)(2) of the California Code 0f Civil Procedure, Defendant alleges the following affirmative defenses: Answer t0 Complaint 1 \DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Failure t0 State a Cause 0f Action) The Complaint and each cause 0f action alleged in the Complaint fail t0 state facts sufficient t0 constitute a cause of action against Defendant. SECOND AFFIRMATIVE DEFENSE (Same Decision) Defendant would have discharged Plaintiff from her employment at the time for legitimate, independent reasons. THIRD AFFIRMATIVE DEFENSE (Mitigation 0f Damages) Plaintiff failed t0 act reasonably to mitigate the damages alleged in the Complaint, if any. FOURTH AFFIRMATIVE DEFENSE (Unclean Hands) Plaintiff is barred and estopped by unclean hands from asserting any alleged cause of action against Defendant. FIFTH AFFIRMATIVE DEFENSE (Good Faith) Defendant did not breach any duty to act fairly and in good faith because it believed that there was a legitimate and reasonable business purpose for the conduct. SIXTH AFFIRMATIVE DEFENSE (Additional Defenses) Defendant has insufficient knowledge 0r information 0n Which to form a belief as t0 Whether it may have additional, but as yet unstated, affirmative defenses. Defendant therefore reserves the right t0 assert additional affirmative defenses in the event discovery indicates such defenses are available. WHEREFORE, Defendant requests judgment as follows: 1. That Plaintiff take nothing by reason 0f the Complaint; Answer t0 Complaint 2 \OOOQQUIAUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUIAUJNHOKOOOQQUIAUJNHO 2. That the Complaint be dismissed With prejudice; 3. That judgment be rendered in favor of Defendant; 4. That Defendant be awarded attorneys’ fees and costs pursuant to applicable law; and 5. That the Court award Defendant such other and fithher relief as the Court may deem just and proper. Dated: December 15, 2020 McPHARLIN SPRINKLES & THOMAS LLP By: CFMfi‘ Pam s. Aviua Attorneys for Defendant and Cross-Complainant DEALERCMO, INC. Answer t0 Complaint 3 \DOOQQUIAUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUIAUJNHOOOOQQUIAUJNHO Franco V. DealerCMO, Inc. Case N0. 20CV373987 PROOF OF SERVICE I am a citizen 0f the United States and a citizen of Santa Clara County; I am over the age of eighteen years and not a party t0 the Within action; my business address is 160 W. Santa Clara, Suite 625, San Jose CA 951 13. On the date set forth below I served the documents described as: ANSWER TO COMPLAINT on the following parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Aanand Mehtani Mehtani Law Offices 1000 Wilshire B1Vd., Ste. 600 Los Angeles, CA 90017 amehtani@mehtanilaw.com [ ] (BY MAIL) I caused such envelope(s) With postage thereon fully prepaid to be placed in the United States mail at San Jose, California. [ ] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices 0f the addressee(s). [ ] (BY FEDERAL EXPRESS) I caused such document(s) With postage thereon fully prepaid to be placed in the Federal Express office at San Jose, California. [ X ] (BY ELECTRONIC MAIL) I caused such document(s) to be transmitted by electronic mail through e-filing vendor OneLegal on this date t0 the offices 0f addressee(s). [ X ] (STATE) I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at Whose direction the service was made. Executed on December 15, 2020, at San Jose, California. Nwam).W Natalie P. Alejandro