Answer Unlimited Fee Applies

Cal. Super. - 6th Dist.March 24, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/6/2021 2:58 PM Reviewed By: A. Villanueva Case #21CV381119 Envelope: 6787396 21CV381119 Santa Clara - Civil A. Villanueva RYAN & LIFTER A PROFESSIONAL CORPORATION 10 11 l2 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 JILL J. LIFTER, ESQ. (SBN2120832) RYAN & LIFTER A Professional Corporation 2000 Crow Canyon Place, Suite 400 San Ramon, CA 94583-1367 Tel: (925) 884-2080 Fax: (925) 884-2090 jlifter@ra11aw.com Attorneys for Defendant PLATINUM PIPELINE, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF COUNTY OF SANTA CLARA BROOKFIELD NORCAL BUILDERS INC, Case No: 21 CV381 1 19 BROOKFIELD AMBROSIA LLC, and BROOKFIELD MATARO LLC, Plaintiffs, ANSWER OF PLATINUM PIPELINE, INC. TO PLAINTIFFS’ COMPLAINT vs. Complaint Filed: 3/24/21 PLATINUM PIPELINE, INC; and DOES 1 to 100, inclusive, Defendants. Comes now, defendant, PLATINUM PIPELINE INC., and by way of answer to the complaint ofBROOKFIELD NORCAL BUILDERS INC., BROOKFIELD AMBROSIA LLC, and BROOKFIELD MATARO LLC, 0n file herein, denies, generally and specifically, each and every allegation contained in all causes of action insofar as they apply or purport t0 apply to this answering defendant. Defendant, PLATINUM PIPELINE, INC., further denies that plaintiffs were damaged in a sum Within the jurisdiction of the court 01' in any sum 0r sums whatsoever 0r at all by reason of any act, breach or omission on the pan 0f this answering defendant or on the part of any 0f defendant’s agents or employees. AFFIRMATIVE DEFENSES As and for a separate and distinct answer and affirmative defense to the complaint, and to each purported cause of action asserted therein, this answering defendant alleges as follows: l ANSWER OF PLATINUM PIPELINE, INC. TO PLAINTIFFS’ COMPLAINT H:\CUSTOMER\L-75 1\Pleadings\Platinum Pipeline Answer to Complaintdocx RYAN & LIFTER A PROFESSIONAL CORPORATION lO ll 12 13 l4 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 FIRST AFFIRMATIVE DEFENSE (Failure to State Cause of Action) The complaint does not state facts sufficient t0 constitute a cause of action against this answering defendant. SECOND AFFIRMATIVE DEFENSE (The First and Second Causes of Action for Breach of Contract and Breach 0f Express and Implied Warranties Fail to State a Cause of Action) The First Cause of Action for Breach of Contract and the Second Cause of Action for Breach of Express and Implied Warranties fail to state a cause of action on behalf of plaintiffs Brookfield Ambrosia LLC and Brookfield Mataro LLC because the contracts attached as exhibits clearly indicate that the only contracting Brookfield entity is Brookfield Norcal Builders Inc. THIRD AFFIRMATIVE DEFENSE (The First and Second Causes of Action for Breach of Contract and Breach of Express and Implied Warranties Are Uncertain) The First Cause of Action for Breach of Contract and the Second Cause 0f Action for Breach 0f Express and Implied Warranties are uncertain because they fail to identify Which of the Brookfield entities is the contracting party. FOURTH AFFIRMATIVE DEFENSE (Contract Provision Contrary to Law) Paragraph 5.7 of the Agreements as alleged in the complaint is an improper attempt to shift responsibility for the negligence of Brookfield, its other agents, other servants, or other independent contractors who are directly responsible to Brookfield, or for defects in design furnished by those persons, or to the extent the claims d0 not arise out of, pertain to, 0r relate to the scope ofwork in the Agreements to Platinum Pipeline, contrary to the provisions of Civil Code Section 2782(d) and plaintiffs are therefore precluded from recovery fiom Platinum Pipeline on the basis of this provision. /// 2 ANSWER OF PLATINUM PIPELINE, INC. TO PLAINTIFFS’ COMPLAINT H:\CUSTOMER\L-75 1\P1eadings\Platinum Pipeline Answer to Complaint.docx RYAN & LIFTER A PROFESSIONAL CORPORATION lO ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 FIFTH AFFIRMATIVE DEFENSE (Contract Provision Contrary t0 Law) Paragraph 5.7 of the Agreements as alleged in the complaint is an improper attempt to shift responsibility for the active negligence 0r willful misconduct of Brookfield, 0r other subcontractors, or their agents, servants, or other independent contractors Who are responsible to Brookfield, 0r for defects in design furnished by those persons, or to the extent the claims do not arise out of the scope of work in the Agreements to Platinum Pipeline, contrary to the provisions 0f Civil Code Section 2782.05 and plaintiffs are therefore precluded from recovery from Platinum Pipeline on the basis 0f this provision. SIXTH AFFIRMATIVE DEFENSE (Comparative Fault) That at the time and place of the incident, happening or matter as set forth in the complaint on file herein, and at all times mentioned therein, plaintiffs and others were guilty of carelessness and negligence in and about the mattérs and things set forth in the complaint; that the carelessness and negligence on the part 0f the plaintiffs and others proximately caused and contributed to the happening of said incidents set out in the complaint on file herein and the resulting injuries and/or damages to plaintiffs, if any there be. SEVENTH AFFIRMATIVE DEFENSE (Fault of Others) The injuries and damages ofwhich plaintiffs complain, if any there were, were proximately caused by the conduct of parties other than this answering defendant, and recovery is therefore barred or proportionately reduced accordingly. EIGHTH AFFIRMATIVE DEFENSE (Failure to Mitigate) The damages otherwise recoverable, if any, were caused in whole 0r in part by the plaintiffs’ unreasonable failure to minimize or prevent the damages in a timely manner. /// /// 3 ANSWER OF PLATINUM PIPELINE, INC. TO PLAINTIFFS’ COMPLAINT H:\CUSTOMER\L-751\Pleadings\Platinum Pipeline Answer to Complaintdocx RYAN & LIFTER A PROFESSIONAL CORPORATION 10 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 NINTH AFFIRMATIVE DEFENSE (Unclean Hands) Plaintiffs are barred from any relief against answering defendant by operation of the doctrine of unclean hands. TENTH AFFIRMATIVE DEFENSE (Statutes 0f Limitation and Repose) That the complaint and each cause of action contained therein is barred by the applicable statutes of limitation and repose, including but not limited to, Code 0f Civil Procedure Sections 337(a); 337.1(a)(1) and (2) and (b); 338(b); and 343 and Civil Code sections 896(g)(1) and (7). ELEVENTH AFFIRMATIVE DEFENSE (Unforeseen Act 0f Nature [Civil Code Section 945.5(3)] Brookfield is precluded from recovering its claimed damages from Platinum Pipeline to the extent its claimed damages were caused by an unforeseen act of nature, pursuant to Civil Code Section 945.5(a). WHEREFORE, this answering defendant prays judgment that plaintiffs take nothing by reason of the complaint on file herein, that this defendant be hence dismissed With its costs of suit herein incurred, and for such other and further relief as the court may deem just and proper in the premises. Date: July 6, 2021 RYAN & LIFTER A Professional Corporation 1/ By Ifl /\ / L J. LIFTEF Attorne r Defendants PLATINUM PIPELINE, INC. 4 ANSWER OF PLATINUM PIPELINE, INC. TO PLAINTIFFS’ COMPLAINT H:\CUSTOMER\L-75 1\Pleadings\Platinum Pipeline Answer to Complaint.docx RYAN & LIFTER A PROFESSIONAL CORPORATION 10 ll 12 l3 l4 15 16 l7 18 l9 20 2l 22 24 25 26 27 28 PROOF OF SERVICE CASE NAME: Brookfield Norcal Builders, Inc., et al. COURT: Santa Clara County Superior Court CASE NUMBER: 21CV381119 DATE OF SERVICE: July 6, 2021 DESCRIPTION OF DCOUMENTS SERVED: ANSWER OF PLATINUM PIPELINE, INC. TO PLAINTIFFS’ COMPLAINT I am over the age of 18 years and not a party to 0r interested in the above-named case. I am an employee of Ryan & Lifter, A Professional Corporation, and my business address is 2000 Crow Canyon Place, Suite 400, San Ramon, California. On the date stated above I served a true copy 0f the document(s) described above Shawn D. Morris John O. Mersereau MORRIS, SULLIVAN & LEMKUL, LLP 9915 Mira Mesa Boulevard, Suite 300 San Diego, CA 92131 858-566-7600 Fax: 858-566-6602 BY OVERNIGHT DELIVERY [C.C.P. § 1013, 1013a]. By causing a true copy thereof to be enclosed in a sealed envelope or package designated by the express service carrier, with all delivery fees paid 0r provided for, addressed t0 the party[ies] as stated 0n the attached service list. I am readily familiar with the firm's business practice for collection and processing of overnight deliveries for deposit in a box or other facility regularly maintained by the express service carrier, or delivered t0 an authorized courier or driver authorized by the express service carrier to receive documents. Under the firm‘s practice, overnight deliveries are deposited in the ordinary course 0f business with the express service carrier at Alamo, California, that same day. BY FIRST CLASS MAIL/ORDINARY BUSINESS PRACTICES [C.C.P. §§ 1013, 1013a]. By causing a true copy thereof to be enclosed in a sealed envelope 0r package, addressed to the party[ies] as stated 0n the attached service list. I am readily familiar with the firm's business practice for collection and processing of envelopes and packages for mailing with the United States Postal Service. Under the firm's practice, mail is deposited in the ordinary course of business with the United States Postal Service at San Ramon, California, that same day, with postage thereon fully prepaid. BY PERSONAL SERVICE [C.C.P. § 101 1]. By causing a true copy thereofto be hand-delivered in a sealed envelope 0r package addressed t0 the party[ies] as stated 0n the attached service list. X BY FACSIMILE TRANSMISSION [C.C‘P. § 10 i 3; CRC 10081]. By causing a true copy thereof t0 be served by transmission from facsimile number (925) 884-2090 during normal business hours 9:00 a.m. and 5:30 p.m., on the party[ies] at the facsimile telephone number(s) last provided by the party[ies] as stated 0n the attached service list. The transmission was reported as complete and without error, with a transmission report properly issued by the transmitting facsimile machine. Ideclare under penalty 0f perjury of the laws of the State 0f California that the foregoing is true and correct and that this declaration was rexecutedon the datqgaggd above. *’ ' ’ V{ ll: "z-u 4’ \ 2"“.- - ‘V g _ - /[ - V r. r N { \\ J //‘/ 1m? f?f"g'c' ‘\. Lo'fi'aine’A. Smith ‘