Answer Unlimited Fee Applies

Cal. Super. - 6th Dist.March 3, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV3791 20 Santa Clara - Civil R. Burciaga LAW.OFFICE.S OF SANOTANA & VIERRA Electronically Filed Merlrllee C. Mlll.er - SBN: 157.100 . by Superior Court of CA, Physzcal 4ddress. 255 Cahfornla St., Sulte 900 county of Santa Clara, sanoFo‘I'anCISCO, CA 941 11 on 7/2/2021 4:17 PM MazlmgAddress. P.O. BOX 7218 Reviewed By: R. Burciaga London: KY 40742 Case #21 CV3791 20 Telephone. (415) 777-1308 Envelope: 6778547 FaCSImlle: (603) 430-0513 Email: Merrilee.Miller@LibertyMutual.com Attorneys for Defendants, OSCAR MEDRANO, MEDRANO ELECTRIC, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA NELLIE TREVINO, Case No.2 21CV379120 Complaint filed: March 3, 2021 Plaintiff, Assigned to: Honorable Laurie Mikkelsen vs. DEFENDANT OSCAR MEDRANO; OSCAR MEDRANO, MEDRANO ELECTRIC, MEDRANO ELECTRIC INC.’S ANSWER INC., and DOES 1 TO 50 TO PLAINTIFF NELLIE TREVINO’S COMPLAINT Defendants. Defendants, OSCAR MEDRANO, and MEDRANO ELECTRIC, INC, (collectively, “Defendants”), in answer t0 Plaintiff, NELLIE TREVINO’S (“Plaintiff”) unverified Complaint on file herein, and by Virtue 0f the provisions 0f Code 0f Civil Procedure section 431.30, now files a general denial to said unverified Complaint and t0 each cause 0f action thereof and answering all of the allegations thereof, Defendants deny each and all 0f them. Defendants further specifically deny that Plaintiff has 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 t0 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 -1- DEFENDANTS OSCAR MEDRANO; MEDRANO ELECTRIC INC.’S ANSWER TO PLAINTIFF NELLIE TREVINO’S COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 damages, if any, were proximately caused or contributed t0 by the failure 0f Plaintiff t0 exercise ordinary care at the time and place alleged. 2. As t0 each and every cause 0f action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that Plaintiff fails to state facts sufficient t0 constitute a cause 0f action. 3. As t0 each and every cause 0f action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that the injuries and damages complained 0fby Plaintiff, if any there were, were either wholly, or in part, directly and proximately caused by the conduct of persons 0r entities other than these answering Defendants. 4. As t0 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 ofby Plaintiff, if any there were, were either Wholly, 0r in part, directly and proximately caused by the conduct 0f persons 0r entities other than these answering Defendants and said conduct is either imputed to Plaintiff by reason 0f the relationship between Plaintiff and said persons or entities, or comparatively reduces the proportion 0f liability 0f these answering Defendants. 5. As to each and every cause of action alleged in the Complaint herein, Defendants are infomed and believe and thereon allege that Plaintiff has failed t0 mitigate their damages, if any. 6. As t0 each and every cause 0f 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 t0 by Plaintiff, Who assumed all risks and hazards incident t0 the conduct alleged in the charging allegations. 7. As t0 each and every cause 0f action alleged in the Complaint herein, Defendants are informed and believe and thereon allege that any injuries and damages Which Plaintiff may have suffered were proximately caused by the several negligence of named Defendants or the fictitiously named Doe Defendants, 0r any of them, 0r others and accordingly, liability for non-economic damages, if any, must be apportioned, reduced, or allocated in direct proportion t0 that Defendants’ / persons’ percentage of fault. C.C. §1431.1 et seq. -2- DEFENDANTS OSCAR MEDRANO; MEDRANO ELECTRIC INC.’S ANSWER TO PLAINTIFF NELLIE TREVINO’S COMPLAINT OOQONUI-lk \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Defendants, OSCAR MEDRANO, and MEDRANO ELECTRIC, INC., pray that Plaintiff, NELLIE TREVINO, take nothing by reason 0f the Complaint and that these answering Defendants be given judgment for its costs of suit incurred herein, t0 be incurred, and for such other and further relief as the Court deems just and proper. Dated: June 30, 2021 -3- SANTANA & VIERRA MERRILEE C. MILLER, ESQ. Attorneys for Defendants, OSCAR MEDRANO; MEDRANO ELECTRIC, INC. DEFENDANTS OSCAR MEDRANO; MEDRANO ELECTRIC INC.’S ANSWER TO PLAINTIFF NELLIE TREVINO’S COMPLAINT PROOF 0F SERVICE Nellie Trevino v. Oscar Medrano, et al. COUNTY OF SANTA CLARA Superior Court Case No. 21CV379120 DECLARATION OF SERVICE [C.C.P. § 1013A, C.R.C. §§ 2003, 2008] At the time of service I was over 18 years of age and not a party t0 this action. I am an employee of Law Offices of Santana and Vierra. My business address is 255 California Street, Suite 900, San Francisco, CA 94111; P.O. Box 7218, London, KY 40742. On this date I served the following document(s) by the following means: DEFENDANT OSCAR MEDRANO; MEDRANO ELECTRIC INC.’S ANSWER TO PLAINTIFF NELLIE TREVINO’S COMPLAINT & U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses as set forth below and placed the envelope for collectlon and mailing, following our ordinary business practices. I am readil familiar with this business’s practice for collecting and processing correspondence for mailing. Ont e same day that correspondence ls placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service at 255 California Street, Sulte 900, San Francisco, CA 9411 1, in a sealed envelope With postage fully prepaid. FAX TRANSMISSION: I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy 0f the record of the fax transmission, which I printed out, is attached. EMAIL or ELECTRONIC TRANSMISSION: I caused the documents t0 be sent to the person at the e- mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. Abronson Law Offices Attorney for Nellie Trevino 332 N. Second Street San Jose, CA 951 12 T2408-687-9155;F:408-352-5595 LSA@redh0use1awver.com X State: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. D Federal: I declare that I am employed in the office 0f a member of the bar of this Court, at whose direction the service was made. EXECUTED on07/02/2021 in San Francisco, California. Q’QgL Tanya Espinoza -1- PROOF OF SERVICE