Answer Filed

Cal. Super. - 5th Dist.April 21, 2021

E-FILED 7/21/2021 1:18 PM Superior Court of California County of Fresno By: I. Herrera, Deputy [\J UI COGNO‘ WANGER JONES HELSLEY PC 265 E. River Park Circle, Suite 3 10 Fresno, California 93720 Telephone: (559) 233-4800 Facsimile: (559) 233-9330 Timothy Jones, #1 19841 Marisa L. Balch, #258332 Altomeys for: Guarantee Real Estate, Melissa Lorene White, and Ana Salazar SUPERIOR COURT 0F CALIFORNIA COUNTY 0F FRESNO, CENTRAL DIVISION ANGELICA TERAN, an individual, Case No. ZICECGOI 128 Plaintiff, ANSWER TO COMPLAINT v. GUARANTEE REAL ESTATE, a California Corporation; MELISSA LORENE WHITE, Califomia Dept. of Real Estate Broker; ANA SALAZAR, California Dept. of Real Estate Sales Agent; JENNA INTERNATIONAL, LLC, a Limited Liability Company; MOHAMMED Al. GHAZALI, an individual; and Docs l lhorugh 25. inclusive, Defendant(s). Defendants GUARANTEE REAL ESTATE, MELISSA LORENE WHITE and ANA SALAZAR (collectively “Defendants“). hereby Answer the Complaint filed herein by Plaintiff ANGELICA TERAN (“Plaintiff") as set forth hereafier. GENERAL DENIAL Pursuant lo Code ofCivil Procedure § 43 l .30, Defendants generally and specifically deny each and every allegation of Plaintiff’s Complaint, and further deny that Plaintiff is entitled to any of the relief requested in the Complaint, including damages, in any amount or at all from Defendants. {7675/022/0l293026‘DOCX) l ANSWER TO COMPLAINT OOOOQO‘ ll AFFIRMATIVE DEFENSES As separate and distinct defenses to Plaintiff‘s claims set forth in the Complaint. and without assuming any additional burden of proof or production, Defendants allege the following affirmative defenses: FIRST AFFIRMATIVE DEFENSE (Statute of Limitations) Plaintiff‘s Complaint, and each and every cause of action therein stated, is barred by the applicable statutes of limitation including, but not limited to, Code of Civil Procedure §§ 3 12, e1 seq. SECOND AFFIRMATIVE DEFENSE (Failure to State Claim) Plaintiff‘s Complaint, and each and every cause of action therein stated, fails to set forth facts sufficient to constitute a cause of action upon which relief can be granted. THIRD AFFIRMATIVE DEFENSE (Failure to Join Indispensable Party) Plaintiff‘s Complaint, and each and every cause of action therein stated, fails to join indispensable parties and therefore fails as a matter of law. FOURTH AFFIRMATIVE DEFENSE (Standing) Defendants allege that Plaintiff‘s Complaint, and each and every cause of action therein, should be dismissed to the extent Plaintiff lacks standing to sue. FIFTH AFFIRMATIVE DEFENSE (No Justifiable Reliance) Plaintiff’s claims against Defendants, to the extent any exist and whose existence Defendants dispute, are barred to the extent Plaintiff relied on their own judgment or the advice of persons and/or entities other than Defendants. /// /// /// :7675/022/01293026.DOCX } 2 ANSWER TO COMPLAINT Ix.) U1 \OOOQO SIXTH AFFIRMATIVE DEFENSE (No Causation) Plaintiff‘s claims against Defendants, 10 the extent any exist and whose existence Defendants dispute, fail in that Defendants’ acts or omissions did not cause Plaintiff‘s alleged damages. SEVENTH AFFIRMATIVE DEFENSE (Assumption of Risk) Plaintiff voluntarily, and with full knowledge of the matters set forth in the Complaint, assumed any and all risk of the losses and damages, if any, purportedly alleged. EIGHTH AFFIRMATIVE DEFENSE (Fault of Plaintiff and/or Others) Plaintiff‘s claimed damages, if any exist, were the result of the negligence and/or intentional acts of others and/or Plaintiff. Accordingly, Defendants are not liable for any of Plaintiff’s damages as set forth in the Complaint and each and every cause of action therein stated. NINTH AFFIRMATIVE DEFENSE (Estoppel) By virtue of the knowledge. statements, and conduct of Plaintiff, Plaintiff is barred and cstopped from pursuing any of the claims alleged in the Complaint against Defendants. TENTH AFFIRMATIVE DEFENSE (Unclean Hands) Plaintiff has acted with unclean hands in and about the matters alleged in the Complaint and is therefore barred from any recovery thereon. ELEVENTH AFFIRMATIVE DEFENSE (Waiver) By virtue of the knowledge, statements, and conduct of Plaintiff. Plaintiff has waived the right t0 pursue any ofthe claims alleged in the Complaint against Defendants. /// /// /// :7675/022/0I293026.DOCX} 3 ANSWER TO COMPLAINT (\J TWELFTH AFFIRMATIVE DEFENSE (Laches) Plaintiff has unreasonably delayed in bringing the claims set forth in the Complaint, to the detriment of Defendants. Therefore, the doctrine of laches bars each and every claim alleged by Plaintiff. THIRTEENTH AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) Plaintiff has a1 all material limes failed to take reasonable steps to avoid incurring any of thc damages it alleges to have suffered in the Complaint, which Defendants deny exist. Accordingly. Plaintiff should be denied any reliefto the extent they failed to mitigate any claimed damages. FOURTEENTH AFFIRMATIVE DEFENSE (Good Faith) At all relevant times, Defendants acted in good faith with respect to all of their dealings with Plaintiff, including those allegations pled in the Complaint, and each and every cause ofaction therein stated. FIFTEENTH AFFIRMATIVE DEFENSE (Superseding, lntervening Acts) Plaintiff’s damages, ifany, were proximately caused by negligent, reckless or intentional acts of third parties, and their principals and/or agents, or acts of god, as to whom Defendants had neither the right, duty nor opportunity to exercise control, and who acted without the knowledge, participation. approval or ratification of Defendants. SIXTEENTH AFFIRMATIVE DEFENSE (Unjust Enrichment) Each and every cause ofaction in the Complaint is barred in that Plaintiff would be unjustly enriched if Plaintiff were permitted to obtain the relief it seeks. SEVENTEENTH AFFIRMATIVE DEFENSE (Comparative Fault) Plaintiff did not exercise ordinary care, caution or prudence to avoid the happening of the events alleged in the Complaint and said incidents and the injuries, if any, and damages, if any, sustained :7675/022/0I 293026.00CX} 4 ANSWER TO COMPLAINT by l’laintift‘were directly and proximately caused and contributed Io by the fault of Plaintiffand not by Defendants. EIGHTEENTH AFFIRMATIVE DEFENSE (Contributory Negligence) 'l‘hc Complaint. and each and every purported cause ot‘aclion slated therein. arc barred (m lhc grounds that Plaintiffs alleged losses, injuries and damages (il'any) were actually and proximately caused by the negligence OI‘I’lainliff and its agents. NINETEENTH AFFIRMATIVE DEFENSE (Mistake 0f Fact) Plaintiffs claims arc barred by mistake 01' [‘acl. 'l‘WENTlETI-l AFFIRMA'I‘IVE DEFENSE (Conscnt/Ratification) Plaintiff. by reason ofthcir knowledge. statements. and conduct, consented to and ratified 111C acts 0f Defendants, thereby barring them l’rom any reliel‘by way ot‘lhe Complaint. TWENTY-FIRST AFFIRMATIVE DEFENSE (N0 Reasonable Reliance) l’lainlil’fdid not reasonably rcly 0n any representation. warranty. disclaimer. warning. 0r other act or omission 01' Defendants. TWENTY-SECOND AFFIRMATIVE DEFENSE (N0 Damage t0 Plaintiff) 'l'he Complaint. and all 01‘th causes ol'aclion allegedly stated therein, are barred because Plaintiff has n01 suffered any actual damages and merely created all 0f the damages a1 issue in Ihc Complaint. TWENTY-THIRD AFFIRMATIVE DEFENSE (N0 Statutory Duty ofCare/Fiduciary Duty) The Complaint. and all 01'th causes ol‘aclion allegedly slated therein, are barred and any alleged statutory duly ofcare 0r fiduciary duty 01‘ Defendants is void. /// 176750221”293030.00CX: D ANSWER 'I‘O COMPLAINT TWENTY-FOURTH AFFIRMATIVE DEFENSE (Compliance with Statutory/Fiducian' Duty) The Complaint. and all ofthc causes ol‘aclion allegedly slated Ihcrcin. arc barred because Defendants and its agent acted in compliance with the requisite standard ot‘carc ol‘a reasonably prudent real estate licensee and with the degree ofknowledgc. education. and experience. TWENTY-FIFTH AFFIRMATIVE DEFENSE (Plaintiff Failed t0 Comply with Duty 0f Care) 'l‘hc Complaint. and all oflhc causes ol‘aclion allegedly stated therein, are barred because Plaintiff failed 10 act in compliance with the requisite duly 10 exercise reasonable care lo protect itself. including those facts which are known 10 0r within thc diligent attention and observation 01‘ Plaintiff. TWENTY-SIXTH AFFIRMATIVE DEFENSE (Additional Affirmative Defenses) Defendants reserve Ihc right I0 assert additional affirmative defenses, as acts become known which justify thc application 01’ these affirmative defenses in this action and as discovery is completed in this case. WHEREFORE. Defendants pray for rcliei'as follows: 1. 'l’hal Plaintiff lake nothing by way 01'1hc Complaint and same bc dismissed with prejudice: 2. For costs ofsuit incurred herein; and 3. l"0r such other and further relicl‘as thc Court dcemsjust and proper. Dated: July l9. 2021 WANGER JONES llliLSLl-SY PC By: _ ' __ ’_ é _ _ ' 'imol 1y Jones Marisa L. Balch Attorneys for Defendants Guarantee Real l’istalc. Melissa Lorene White. and Ana Salazar :7675422/‘0 l 293020 DOCX} 6 ANSWER TO COMPLAINT PROOF OF SERVICE My business address is 265 East River Park Circle, Suite 310, Post Office Box 28340. Fresno, California 93729. I am employed in Fresno County. California. l am over the age 0f 18 years and am not a pany 10 this case. On the date indicated below. l served the foregoing document(s) described as ANSWER T0 COMPLAINT 0n all interested parties in this action by placing a true copy Ihereofenclosed in sealed envelopes addressed as follows: Amy R. Lovegren-Tipton LAW OFFICE OF AMY R. LOVEGRIENJHP’I‘ON, APLC 5703 N. West Avenue. Suite 103 Fresno, CA 9371 1 Atipton"(["l‘ipmnLcual.com X (BY MAIL) I am readily familiar with the business' practice for collection and processing 01' correspondence for mailing. and that correspondence, with postage thereon fully prepaid. will be deposited with the United States Postal Service 0n the dale noted below in thc ordinary course ofbusiness. at Fresno, California. (BY FACSIMILE) I caused such document(s) Io be transmitted to the addressee(s) facsimile number(s) noted above. 'l‘he facsimile machine I used complied with Rule 2003(3) and lhc transmission was reported as complete and without error. (BY ELECTRONIC SERVICE) Pursuant t0 Rule 12, I caused the foregoing document(s) Io be scanned into pdf format and sent via electronic mail t0 thc electronic mail address(es) oflhe designated addressee(s). (BY OVERNIGHT COURIER) I caused the above-rel’erenced envelope(s) to bc delivered Io an overnight courier service for delivery to the addressee(s). X (STATE) I declare under penalty ofpcrjury under the laws ofthe State ot‘Calil‘ornia lhal the foregoing is true and correct. I‘lxeculcd 0n July 20. 202 1. at Fresno. California. {7675/022/0 l 296858DOCX}