Answer Unlimited Fee Applies

Cal. Super. - 6th Dist.April 2, 2021

1 2 3 4 5 JOHN L. FITZGERALD, SBN 126613 LAW OFFICES OF JOHN L. FITZGERALD 177 Bovet Road, Suite 600 San Mateo, California 94402 Telephone: (650) 638-2386 john@j lfitzgeraldlaw.corn Attorneys for Defendant Douglas Arroyo, an individual 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED JURISDICTION 12 13 14 15 16 17 18 20 FASTPENCIL, INC., a Delaware Corporation, Plaintiff, vs. DOUGLAS ARROYO, an individual; and DOES 1-20, inclusive; Defendants. ) CASE NO.: 21CV379044 ) ) DEFENDANT DoUGLAs ARRovo's ANswER ) TO COMPLAINT FOR DAMAGES ) ) ) ) ) ) ) ) ) ) ) ) ) 21 22 23 24 25 26 27 28 GENERAL DENIAL Under the provisions of Code of Civil Procedure section 431.30(d), defendant Douglas Arroyo ("defendant") generally and specifically denies each and eveiy allegation contained in the complaint, and further denies that plaintiff Fastpencil, a Delaware Corporation, ("plaintiff") has been damaged in any sum or at all, by reason of any act, breach or omission on the part of defendant. Low offices of Jo/IN L. Fstseerotd 1 DKPKNRANT DODG LASS ARROYO'S ANSWER TO COMPLAINT FOR DAMAGES Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/8/2021 2:01 PM Reviewed By: L Del Mundo Case #21CV379044 Envelope: 6605881 AFFIRMATIVE DEFENSES As a first affirmative defense to plaintiff's complaint and to each cause of action alleged. therein, defendant alleges that the complaint fails to state facts sufficient to constitute a cause of action. As a second affirmative defense to plaintiff's complaint and to each cause of action alleged therein, defendant alleges plaintiff s claims are barred by the doctrine of estoppel, due to plaintiff s own acts and omissions. As a third affirmative defense to plaintiff's complaint and to each cause of action alleged therein, defendant alleges plaintiff's claims are barred by the doctrine of waiver, due to 10 plaintiff s own acts and omissions. As a fourth affirmativ'e defense to plaintiff s complaint and to each cause of action 12 alleged therein, defendant alleges plaintiff's claims are barred by the doctrine of laches, due to 13 plaintiff's own acts and omissions. 14 As a fifth affirmative defense to plaintiff s complaint and to each cause of action alleged 15 16 therein, defendant alleges that plaintiff's claims are barred in whole or in part because plaintiff is guilty of unclean hands. 17 As a sixth affirmative defense to plaintiff's complaint and to each cause of action alleged 18 20 therein, defendant alleges that plaintiff failed and has failed to take reasonable steps to mitigate the amount of its damages, if any damages there be. As a seventh affirmative defense to plaintiff s complaint and to each cause of action 21 22 alleged therein, defendant alleges that ifplaintiff is entitled to recover any damages or relief under its complaint herein, said recovery must be set off against the damages to which def'enclant 23 is entitled to recover because of plaintiff's breaches of duty and other wrongful acts. 24 As an eighth affirmative defense to plaintiff's complaint and to each cause of action 25 26 27 alleged therein, defendant alleges that the property alleged to have been converted lacks value. As a ninth affirmative defense to plaintiff s complaint and to each cause of actioii alleged therein, defendant alleges that plaintiff lacks capacity to sue. 28 As a tenth affirmative defense to plaintiff s complaint and to each cause of action alleged Law O~ices of Jolca L. Filzgeeald 2 DKPKNOANT DOUGLASS ARROYO'S ANSWKR TO COMPLAINT FOR DAMAGES therein, defendant alleges that plaintiff has failed to satisfy the terms, conditions and covenants in the agreements, and is in material breach of the agreement alleged in the complaint, and such material failures and breaches relieve defendant of any further obligations under the subject agreements and transactions. As an eleventh affirmative defense to plaintiff s complaint and to each cause of action alleged therein, defendant alleges that the acts and conduct alleged therein were privileged and justified. As a twelfth affirmative defense to plaintiff s complaint and to each cause of action 10 alleged therein, defendant alleges that the claims are barred by the applicable statutes of limitations. 12 PRAYER WHEREFORE, defendant prays as follows: 14 15 16 17 18 1. That plaintiff take nothing by its complaint; 2. That judgment be entered for defendant; 3. That defendant be awarded costs of suit; and, 4. That defendant be awarded such other and further relief as the cotat may deem just and proper. 19 20 LAW OFFICES OF JOHN L. FITZCI'ERAI.D 21 25 DATED: June g 2021 HN L+PRCIERALD AtiornedIlt'for Defendant Douglas Arroyo 26 27 Low OfJlces o/ dolor L Firzgerold 3 DEFENDANT DOVGLASS ARROYO'S ANSWER TO COMPLAINT FOR DAMAGES sTATE: CA ZIP cooE: 94402 FAX NO.: PLAINTIFF/PETITIONER: Fastpencil, Inc. DEFENDANT/RESPONDENT: Douglas Arroyo, et al ATTORNEY OR PARTY IMTHOUT ATTORNEY: STATE BAR NO 126,613 NAME: John L. Fitzgerald FIRM NAME Law Oifices of John L. Fitzgerald BTREETAooREss: 177 Bovet Road, Suite 600 GITY: San Mateo TELEPHONE Nos 6504I38-2386 E.MML ADDREss: john@jlfltzgeraldlaw.corn ATTDRNEY FoR &earns&: Defendant Douglas Arroyo SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREETADDRESs 191 North First Street MAILING ADDRESS'ITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: POS450/EFS4)50 FOR COURT USE ONLY CASE NUMBER: 21CV379044 JUDICIAL OFFICER: PROOF OF ELECTRONIC SERVICE DEPARTNIENT: 1. I am at least 18 years old. a. My residence or business address is (specify): Law Offices of John L. Fitzgerald 44 Montgomery St., Suite 3580 San Francisco, CA 94104 b. My electronic service address is (specify): john@jlfftzgeraldlaw.corn 2 I electronically served the following documents (exact titles): Answer to Complaint for Damages ~ The documents served are listed in an attachment. (Form POS-050(D)JEFS-050(D) msy be used for this purpose.) 3. I electronically served the documents listed in 2 as follows: a. Name of person served: Christopher K. Karic On behalf of (name or names ofperlies represented ifperson served is an allomey): Plaintiff Fastpencil, Inc. b. Electronic service address of person served: ckaric sellarlaw.corn c. On (dale): June 8, 2021 ~ The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment, (Foun POS-050(P)IEFS-050(P) may be used for this purpose.) Date: June 8, 2021 JOHN L. FITZGERALD rIYPE OR PRINT NAME OF DECLARANTI I declare under penalty of perjury under the laws of the State of California that the forego'n i true correct. (S RE OF OECIARANTI Fmm Appmved Iur Opeaeal Use Judldel Coumil of CeliTomia POS-050IEFB050 IRev. Feomerr I, 20ITI U'ROOFOF ELECTRONIC SERVICE {Proof of ServicelElectronic Filing and Service) Page I af f Cst Rules of Court, mle 2 251 Ivww.ooorls orrgov