Answer Unlimited Fee AppliesCal. Super. - 6th Dist.January 15, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/20/2021 4:55 PM Reviewed By: R. Burciaga Case #21CV376322 Envelope: 6280624 21CV376322 Santa Clara - Civil R. Burciaga COOQQUI-PUJNr-I [\J NNNNNNNHHr-nr-tr-Ap-AHy-An-Au-l WSQM-bUJNI-‘OWOO-QCKUI-PwNF-‘O Tod C. Gurney, Esq. (SBN 199813) Mohammad R. Moj addidi, Esq. (SBN 322348) GARCIA & GURNEY, ALC 6700 K011 Center Parkway, Suite 330 Pleasanton, California 94566 Tel: (925) 468-0400 Fax: (925) 468-0276 Attorneys for Defendant Nextgen Technologies, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED JURISDICTION INFOWAY SOLUTIONS LLP, a California Case No.: 21CV376322 limited liability partnership, DEFENDANT NEXTGEN TECHNOLOGIES, Plaintiff, INC.’S ANSWER T0 PLAINTIFF’S COMPLAINT - V. NEXTGEN TECHNOLOGIES, INC., a California Corporation, and DOES 1 through 10, inclusive Defendants. GENERAL DENIAL Pursuant to California Code of Civil Procedure section 43 1 .30(d), Defendant Nextgen Technologies, Inc. (hereinafter “Defendant”), in answer to the unverified Compliant (hereinafter “Complaint”) filed by Infoway Solutions LLC (erroneously suing as Infoway Solutions LLP and hereinafter referred to as “Plaintiff”), generally denies each and every allegation 0f said Complaint, and ‘in this connection Defendant denies that Plaintiff has been injured or damaged in any of the sums mentioned in the Complaint, or in any sum, or at all as the result ofany act or omission 0f these answering parties. AFFIRMATIVE DEFENSES 1. As a first affirmative defense to all causes of action alleged in the Complaint, Defendant alleges that Plaintiff’s Complaint, and each cause of action alleged therein, fails to state facts sufficient to constitute a cause 0f action Within the meaning 0f California Code 0f Civil Procedure §430.10(e). 1 DEFENDANTNEXTGEN TECHNOLOGIES, INC.’ S ANSWER TO PLAINTIFF’S COMPLAINT N \Omflambw 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 2. As a second affirmative defense t0 all causes of action alleged in the Complaint, Defendant alleges that Plaintiff’s Complaint, and each cause 0f action alleged therein, fails t0 state facts sufficient to constitute a cause 0f action within the meaning 0f California Code of Civil Procedure §430.10(f). 3. As a third affirmative defense to all causes 0f action alleged in the Complaint, Defendant alleges that the purported causes of action alleged in the Complaint are barred, in whole 0r in part, by applicable statutes 0f limitations, including, but not limited t0, California Code of Civil Procedure §§ 335.1, 337, 338, 339, 340, and 343. 4. As a fourth affirmative defense to all causes 0f action alleged in the Complaint, Defendant alleges that Plaintiff’s purported damages, if any, are speculative and uncertain. 5. As a fifih affirmative defense to all causes of action alleged in the Compliant, Defendant alleges that Plaintiffwould be unjustly enriched by recovery of some or all of the damages Plaintiff is seeking in the Complaint. 6. As a sixth affirmative defense to all causes of action alleged in the Compliant, Defendant alleges that their conduct was not the cause-in-fact 0r the proximate cause of any ofthe losses alleged in the Complaint. 7. As a seventh affirmative defense to all causes of action alleged in the Complaint, Defendant alleges that Plaintiff’s own actions 0r omissions were in whole or in part the true cause of the harm complained 0f, if Plaintiff incurred any harm. 8. As an eighth affirmative defense t0 all causes 0f action alleged in the Complaint, Defendant alleges that the purported causes 0f action alleged in the Complaint are barred, in whole 0r in part, in the that Plaintiffhas unclean hands. 9. As a ninth affirmative defense to all causes of action alleged in the Complaint, Defendant alleges that the purposed causes of action alleged in the Complaint are barred, in whole 0r in part, by the doctrine 0f estoppel. 10. As a tenth affirmative defense to all causes of action alleged in the Complaint, Defendant alleges that the purported cause of action alleged in the Complaint are barred, in whole or in part, by the doctrine 0f waiver. 2 DEFENDANT NEXTGEN TECHNOLOGIES, INC.’S ANSWER TO PLAINTIFF’S COMPLAINT OOOQQU't-hwmy-I NNN NNNmy-flHHHwn-AI-AHI-n gQQMEWNHOCWQQM-hwwi-‘O 11. As an eleventh affirmative defense t0 all causes of action alleged in the Complaint, Defendant alleges that the purported causes of action alleged in the Complaint are barred, in whole or in part, by the doctrine of laches. 12. As a twelflh affirmative defense to all causes 0f action alleged in the Complaint, Defendant alleges that Plaintiff consented t0 and approved all the acts, communications, transactions, and omission about which Plaintiffnow complains. 13. As a thirteenth affirmative defense t0 all causes of action alleged in the Complaint, Defendant alleges that Plaintiff has, expressly or by implication, ratified the acts and/or transactions of which Plaintiff complains, and therefore Plaintiffmay not maintain a claim based upon such acts and/or transactions. 14. As a fourteenth affirmative defense t0 all causes of action alleged in the Complaint, Defendant alleges that Plaintiffhas failed and/or refused t0 avoid or mitigate Plaintiff s alleged damages, if there are any such damages. 15. As a fifteenth affirmative defense to all causes 0f action alleged in the Complaint, Defendant alleges that the purported causes of action alleged in the Complaint are barred, in whole 0r in part, by mistake. 16. As a sixteenth affirmative defense to all causes 0f action alleged in the Complaint, Defendant alleges that, although Defendant denies that Defendant is responsible for any damages claimed by Plaintiff, any alleged damages caused by Defendant are subj ect to an offset, either partially 0r in the full amount ofthe damages alleged by Plaintiff. 17. As a seventeenth affirmative defense t0 all causes 0f action alleged in the Complaint, Defendant alleges that, if the conduct and activity 0f Plaintiff was reasonable, Plaintiff nevertheless at all time had full knowledge of all risk involved, appreciated the risks, and voluntarily assumed the risk of damages, if any. 18. As an eighteenth affirmative defense t0 all causes 0f action alleged in the Complaint, Defendant alleges that Plaintiffs Complaint, and each purported cause 0f action alleged therein, is barred by the doctrine of afier-acquired evidence or the doctrine of afier-acquired evidence limits and reduces Plaintiff’s alleged damages. 3 DEFENDANT NEXTGEN TECHNOLOGIES, lNC.’S ANSWER TO PLAINTIFF’S COMPLAINT \DOOQQUI-wa-n NNNNNNNNNb-lh-IHr-Ir-nv-Ar-fln-tr-A OOQQLIIhWNHOKOOOVONU‘IhWNHO 19. As a nineteenth affirmative defense to all causes of action alleged in the Complaint, Defendant alleges that the contracts alleged in the Complaint fail for lack of consideration. 20. As a twentieth affirmative defense t0 all causes of action alleged in the Complaint, Defendant alleges that Plaintiff breached the alleged contract with Defendant by failing timely, fully, and adequately to perform the terms and conditions therein, thereby preventing Defendant’s performance and discharging any obligation on the part of Defendant, if any. 21. As a twenty-first affirmative defense to all causes of action alleged in the Complaint, Defendant alleges that the purported causes of action alleged in the Complaint are barred, in whole or in part, by the doctrine of accord and satisfaction. 22. As a twenty-second affirmative defense to all causes of action alleged in the Complaint, Defendant alleges that the purported causes of action alleged in the Complaint are barred, in whole or in part, in that Plaintiff failed to perform certain conditions precedent to the alleged duties of Defendant. 23. Defendant presently has insufficient knowledge or information on which to form a belief as to whether it may have additional, as yet unstated, defenses available. As such, Defendant reserves herein the right to assert additional defenses in the event discovery indicates that they would be appropriate. WHEREFORE, Defendant prays for judgment against Plaintiff as follows: 1. That Plaintiff take nothing by the Complaint; 2. For an award of reasonable attomeys’ fees as permitted by law, statute, or contract; 3. For costs of suit incurred herein; and 4. For such other and further relief as the Court deems just and proper. Dated: April 20, 2021 (my & GURNEY, ALC Jzflz- C Tod C. Gurney, Esq. Mohammad R. Mojaddidi, Esq. Attorneys for Defendant Nextgen Technologies, Inc. 4 DEFENDANT NEXTGEN TECHNOLOGIES, INC.’S ANSWER TO PLAINTIFF’S COMPLAINT #UJN \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Nextgen Technologies, Inc. a California Corporation v. Infoway Solutions LLP, A California Limited Liability Partnership/Santa Clara County Superior Court Case No.2]CV376322 PROOF OF SERVICE I am over the age 0f 18 years and not a party t0 this action. My business address is 6700 K011 CenterParkway, Suite 330, Pleasanton, California, 94566, which is located in the county where the service describedtook place. On April 20, 2021, at my place of business at Pleasanton,’ California, I caused to be served thefollowing document(s): . DEFENDANT NEXTGEN TECHNOLOGIES, [NO.?S ANSWER TO PLAINTIFF’SCOMPLAINT in the manner indicated below on the following party: Kurt E. Wilson, Esq. Sweeney Mason'LLP 983 University Avenue, Suite 104C Los Gates, CA 95032-7637 Email: kwilson@srnwb.com D BY MAIL: I caused the foregoing document(s) to be served by placing the envelope for collectionand mailing on the date shown below t0 the address referenced gbove following our ordinary business practices. I am readily familiar with this business’s practige for collection and processing ofcorrespondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealedenvelope with postage fully prepaid. I am employed in the county where the mailing occurred. Theenvelope or package was placed in the mail at Pleasanton, California. D via CERTIFIED MAIL,return receipt requested [:I BY OVERNIGHT DELIVERY: I caused the foregoing docgument(s) to be placed in an envelopeaddressed as shown hereinabove for collection by an agent authorized to collect documents forprocessing for overnight delivery. [8/ BY EMAIL DELIVERY: I caused the foregoing document(s) to be delivered by email to to the addressee(s) shown hereinabove. I declare under penalty ofperjury under the laws 0f the State 0f California that the foregoing is trueand correct. Executed at Pleasanton, California, 0n April 20, 2021. ose Buené 1 PROOF 0F SERVICE
