Answer Unlimited Fee AppliesCal. Super. - 6th Dist.March 3, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/14/2021 10:57 AM Reviewed By: Y. Chavez Case #21CV379114 Envelope: 6446775 21CV379114 Santa Clara - Civil Y. Chavez 1 DAVID HAMERSLOUGH (SBN 95010) ROSSI, HAMERSLOUGH, REISCHL & CHUCK 2 1960 The Alameda, Suite 200 San Jose, CA 95126-1493 3 Tel: (408) 261-4252 Fax: (408) 261-4292 4 dave@rhrc.net 5 Attorneys for Defendant Mahsa Manavi 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CLARA 10 UNLIMITED CIVIL CASE 1 1 12 VAHID ASSADI, Case No.2 21CV3791 14 13 Plaintiff, ANSWER TO COMPLAINT 14 vs. Action Filed: March 3, 2021 Trial Date: None set 15 MAHSA MANAVI, ERIC SADAHI, and DOES 1-20, 16 Defendants. 1 7 18 Defendant Mahsa Manavi (hereinafter “Defendant”) generally denies each and every 19 allegation of Plaintiffs Complaint. 20 Defendant states the following separate affirmative defenses to Plaintiff’s Complaint: 21 AFFIRMATIVE DEFENSES 22 1. ' Defendant denies each and every allegation of the Complaint and in particular 23 denies that Plaintiff was damaged in the sums alleged or in any sum as a result of any act 0r 24 omission of Defendant. mwmmm 25 2. The Complaint and each cause of action fail to allege facts sufficient to constitute Sébifim . 5;“32‘535'3,‘ 26 a cause of actlon. 95l26-l493 (408)26I-4252 F“"“°“”6”m 27 3. The Complaint and each cause of action are barred by the doctrine of estoppel. 28 4. The Complaint and each cause of action are barred by the application of the ANSWER TO COMPLAINT 1 1 doctrine of waiver to the acts, conduct, and representations by Plaintiff. 2 5. [The Complaint and each cause of action are barred by application 0f the doctrine 3 0f assumption 0f risk t0 the acts, conduct, and representations by Plaintiff. 4 6. Plaintiff failed to mitigate its damages, if any, and any recovery awarded should 5 be reduced by the amount of damages that could reasonably have been avoided by such actions. 6 7. Plaintiff s claims are barred by the applicable statute of frauds. 7 8. The Complaint and each cause 0f action are barred by failure of consideration. 8 9. The Complaint and each cause of action are barred by the material mistake of 9 fact. 10 10. The Complaint and each cause of action are barred by the application of the 11 doctrine 0f uncertainty and indefiniteness 0f the agreement. 12 11. The Complaint and each cause 0f action are barred by the failure of certain 13 contingencies or conditions precedent. 14 12. Plaintiff has not stated facts sufficient t0 set forth a prima facie case for punitive 15 damages as provided by Civil Code § 3294, et seq. 16 13. Plaintiff was careless and negligent and/or at fault in and about the matters 17 alleged in the Complaint, and said carelessness and negligence and/or fault on Plaintiffs own 18 part proximately contributed to the happening of the accident and to the injuries, loss and 19 damages, if any. Under the doctrine ofLi v. Yellow Cab, Plaintiffs contributory negligence 20 and/or fault shall reduce any and all damages sustained by Plaintiff. 21 14. The damages sustained by Plaintiff were either wholly 0r in part negligently 22 caused by and/or the fault of persons, firms, corporations, or entities other than this answering 23 Defendant, and said negligence and/or fault comparatively reduces the percentage of negligence 24 and/or fault, if any, by this answering Defendant. WHMW 25 15. Plaintiffs claim is barred by the terms and conditions 0f the Settlement @fii‘ififl . . sfl'o‘flA 26 Agreement referred t0 1n the Complalnt. 95'26-1493 (408) 2614252”WWW 27 16. The Complaint and the purported causes of actions therein are barred in whole or 28 in pan bylthe Parol Evidence rule, including but not limited t0 §1856 of the Code of Civil ANSWER TO COMPLAINT 2 1 Procedure. 17. Prior to the commencement of this action, this answering Defendant duly performed, satisfied, and discharged all duties and obligations it may have owed to PlaintiffAWN arising out of any and all agreements, representations, or contracts made by it or on behalf of this LII answering Defendant, and this action is therefore barred by the provisions of California Civil Code § 1473. 18. If liability is assessed against Defendant pursuant to Civil Code §§ 1431 ct seq., Defendant shall be liable only for the amount ofnon-economic damages allocated to it in direct \OOONQ proportion to the percentage of fault assessed against it by the trier of fact and requests that a 10 separate judgment be rendered against it for that amount. 11 WHEREFORE, Defendant prays that Plaintiff take nothing by its Complaint; that 12 Defendant be awarded costs of suit; and for such other relief as the Court deems just and proper. 13 14 Dated: MaV 14. 2021 ROSSI. HAMERSLOUGH. REISCHL & CHUCK 15 BY: j) ‘4mvflovfit‘ 16 ‘ DAVID HAMERSLOUGH 17 Attornevs for Defendant Mahsa Manavi 18 19 20 21 22 23 24 Russi. Hamerslough. 25 Reischl k Chuck 1960 The Alameda Suite 100 San Jos: CA 26 95 126-1493 (408) 261-4252 Fax (408) 26 [-4292 27 28 ANSWER TO COMPLAINT 3 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA: 3 I, the undersigned, state that I am a citizen of the United States and am employed in the County of Santa Clara; that I am over the age of eighteen (1 8) years and not a party to the 4 within action; and that my business address is 1960 The Alameda, Suite 200, San Jose, CA 95126-1493. On the date set forth below, I served the following documents: 5 ANSWER T0 COMPLAINT 6 on the person(s) listed below: 7 Michael E. Adams, Esq. 8 Law Offices OfMichael E. Adams 702 Marshall Street, Suite 300 9 Redwood City, CA 94063 (650) 599-9463 10 Fax: (650) 599-9785 michael@michaeleadamslaw.com 11 Attornevs for Plaintiff 12 (BY ELECTRONIC TRANSMISSION) Pursuant to C.C.P. §1010.6, by my 13 contemporaneous submission herewith to a Coun-approved electronic filing service provider, I caused said document(s) to be transmitted by electronic transmission on this date to the 14 electronic service address(es) of the addressee(s). A true and correct copy of said provider’s electronic notification of service [C.C.P. §1010.6(a)(1)(C)] will be produced if requested by 15 any party to the within action or the Court. 1 6 STATE) I declare under penalty of perjury under the laws of the State 0f California that 17 the oregoing is true and correct. 1‘8 Executed on May 14, 2021 at San Jose, California. 20 MOLLY EDGAR / U 21 22 23 24 ”ms“ 25 (302222392352 Fax (‘08) 261-4292 27 28