General Denial Filed

Cal. Super. - 5th Dist.April 8, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 S A N T A CR U Z , CAN N O N & K O T H A R Y A T T O R N E Y S A T L A W S A N D I E G O GENERAL DENIAL TO COMPLAINT Pritesh S. Kothary, Esq. State Bar No. 259554 SANTA CRUZ, CANNON & KOTHARY P.O. Box 7218 London, KY 40742 Telephone: 619-744-6800 Facsimile: 603-334-7071 Attorney for Defendants, JOSE ROBERT SOLIZ and JULIANNA MAGALLON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO JAYCEN ENRIQUEZ, a Minor and VANENZYA ENRIQUEZ, a Minor, By and Through their Guardian Ad Litem, GERARDO ENRIQUEZ, JR, Plaintiff, v. JOSE ROBERT SOLIZ, JULIANNA MAGALLON, and DOES 1-20, Defendants. CASE NO. 21CECG01001 GENERAL DENIAL TO COMPLAINT Complaint Filed: April 5, 2021 I/C Judge: Honorable Kimberly Gaab Dept: 402 Defendants, JOSE ROBERT SOLIZ and JULIANNA MAGALLON, in answer to the unverified Complaint on file herein, and by virtue of the provisions of California Code of Civil Procedure section 431.30, now files their general denial to said unverified Complaint and to each cause of action thereof and answering all of the allegations thereof, Defendant denies each and all of them. Defendant further specifically denies that Plaintiffs have been damaged in any sum or sums whatsoever, or at all. Defendants state the following separate affirmative defenses to this action: AFFIRMATIVE DEFENSES 1. As to each and every cause of action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that any and all alleged events, E-FILED 7/7/2021 11:11 AM Superior Court of California County of Fresno By: E. Meyer, Deputy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 S A N T A CR U Z , CAN N O N & K O T H A R Y A T T O R N E Y S A T L A W S A N D I E G O GENERAL DENIAL TO COMPLAINT happenings, injuries and damages, if any, were proximately caused or contributed to by the failure of Plaintiffs to exercise ordinary care at the time and place alleged. 2. As to each and every cause of action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that Plaintiffs fail to state facts sufficient to constitute a cause of action. 3. As to each and every cause of action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that the injuries and damages complained of by Plaintiffs, if any there were, were either wholly, or in part, directly and proximately caused by the conduct of persons or entities other than these answering Defendants. 4. As to each and every cause of action alleged in the Complaint herein, Defendants is informed and believes and thereon alleges that the injuries and damages complained of by Plaintiff if any there were, were either wholly, or in part, directly and proximately caused by the conduct of persons or entities other than this answering Defendant, and said conduct is either imputed to Plaintiff by reason of the relationship between Plaintif f and said persons or entities, or comparatively reduces the proportion of liability of this answering Defendant. 5. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that Plaintiff has failed to mitigate Plaintiff’s damages, if any. 6. As to each and every cause of action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that any and all alleged events, happenings, injuries and damages, if any, were proximately caused or contributed to by Plaintiffs, who assumed all risks and hazards incident to the conduct alleged in the charging allegations. 7. As to each and every cause of action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that any injuries and damages which Plaintiffs may have suffered were proximately caused by the several negligence of named 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 S A N T A CR U Z , CAN N O N & K O T H A R Y A T T O R N E Y S A T L A W S A N D I E G O GENERAL DENIAL TO COMPLAINT parties or the fictitiously named parties, or any of them, or others and accordingly, liability f or non-economic damages, if any, must be apportioned, reduced, or allocated in direct proportion to that party’s percentage of fault. (C.C. § 1431.1 et seq.) 8. As to each and every cause of action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that the Complaint is barred by the applicable statutes of limitations, including, but not limited to, any or all of the provisions of Code of Civil Procedure sections 335.1, 337, 337.1, 337.15, 338(1)(2)&338(4), 339, 340 and/or 343. 9. As to each and every cause of action alleged in the Complaint herein, Defendant are informed and believe and thereon allege that Plaintiffs either may have kicked, teased, abused or otherwise provoked the subject dog thus precluding recovery and/or such actions act as a complete bar to Plaintiff’s Complaint. WHEREFORE, these answering Defendants pray that Plaintiffs take nothing by reason of their Complaint and that these answering Defendants be given judgment for their costs of suit incurred herein, to be incurred, and for such other and further relief as the Court deems just and proper. Dated: July 6, 2021 SANTA CRUZ, CANNON & KOTHARY _______________________________ FOR PRITESH S. KOTHARY, ESQ. Attorney for Defendants, JOSE ROBERT SOLIZ and JULIANNA MAGALLON Jaycen Enriquez, et a1. V. Jose Robert Soliz, et a1. FRESNO County Superior Court Case No. 21CECG01001 DECLARATION OF SERVICE [C.C.P. § 1013A, C.R.C. §§ 2003, 2008] At the time of service I was over 18 years 0f age and not a party t0 this action. I am an employee of Santa Cruz, Cannon & Kothary. My business address is 1615 Murray Canyon Road, Suite 300, San Diego, CA 92108. On this date I served the following document(s) by the following means: 1. GENERAL DENIAL TO COMPLAINT 2. NOTICE 0F POSTING JURY FEES EONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed based on notice provided 0n July 7, 2021 that, during the Coronavirus (COVID-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received Within a reasonable time after the transmission. Deborah A. Hadwen, Esq. Attorneys for Plaintiffs, Berg Injury Lawyers JAYCEN ENRIQUEZ, a Minor and 2277 Watt Avenue, 2nd FL VANENZYA ENRIQUEZ, a Minor, By and Sacramento, CA 95825 Through their Guardian Ad Litem, Email: dhadwen@berginiurvlawvers.com GERARDO ENRIQUEZ, JR, Tel; (916) 641-5800; Fax: (209) 575- 2812 g State: I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. D 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 July 7, 2021, at San Diego, California. Chloe Chau .1. DECLARATION OF SERVICE