Answer Unlimited Fee Applies

Cal. Super. - 6th Dist.March 23, 2021

Andrew V. Steams, SBN 164849 Gaurav D. Sharma, SBN 269123 2 ROBARDS & STEARNS PC Twin Parks 718 University Avenue, Suite 216 Los Gatos, CA 95032 Telephone: (408) 214-6432 Facsimile: (408) 560-9592 AStearnsRRobardsStearns.corn GSharma RobardsStearns.corn Attorneys for defendant: CORE GENERAL CONTRACTOR, INC. 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 12 PLATINUM ROOFING INC 13 14 15 16 17 18 Plaintiff, Defendants. 19 20 AND RELATED ACTION. 21 CORE GENERAL CONTRACTOR, INC. dba CORE BUILDERS, a California corporation; and DOES I through 50, inclusive, ) Case No. 21CV381187 ) ) ANSWER TO SECOND AMENDED ) COMPLAINT ) ) ) ) Complaint Filed: March 23, 2021 ) ) ) ) ) ) ) ) ) ) 22 COMES NOW defendant Core General Contractor, Inc. and answers the Second Amended Complaint ofplaintiff Platinum Roofing, Inc. as follows: 24 Under the provisions of Section 431.30 of the California Code of Civil Procedure, this answering defendant denies, generally and specifically each, every and all of the allegations in the Second Amended Complaint ("Complaint") and the whole thereof, including denial of all sums and amounts alleged to be owed, or otherwise. Pace I ANSWER To SECOND AMENDED COMPLAINT Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/18/2021 4:44 PM Reviewed By: L Del Mundo Case #21CV381187 Envelope: 7486925 AFFIRMATIVE DEFENSES 2 Defendant sets forth the following affirmative defenses: 3 1. The Complaint, and each cause of action contained therein has failed to set forth 4 facts and allegations sufficient to constitute a cause of action against this answering defendant. 5 2, The alleged injuries or damages suffered by plaintiff were the sole and proximate 6 result of the acts and/or omissions of entities other than defendant and its agents and/or employees, 7 including plaintiff and its agents and/or employees. 8 3. The plaintiff, by its own acts, conduct and/or omissions waived whatever rights it 9 might have had based on the allegations in the Complaint against defendant. 10 4. The actions of defendant were justified by the Business Judgement Rule. 11 5. Plaintiff is equitably estopped from maintaining the present action by its prior breach 12 of the contract which is the subject of this action. 13 6. Plaintiff cannot recover on a breach of contract claim when it was the party that 14 committed the material breach. 15 7. The appointment of the Receiver was a material breach of the contract. 16 8. The failure to provide sufficient manpower to meet the completion schedule was a 17 material breach of the contract. 18 9. The failure to comply with the prevailing wage requirements was a material breach 19 of the contract. 20 10. The failure to pay employment benefits to its employee was a material breach of the 21 contract. 22 11. The failure to pay for materials provided for the project was a material breach of the 23 contract. 24 12. Plaintiff's claims are barred by the doctrine ofunclean hands. 25 13. Plaintiff seeks an unjust enrichment. 26 14. Plaintiff failed to mitigate its damages. 27 15. Plaintiff's damages, if any, are speculative. 16. Plaintiff has suffered no damages. Pace 2 ANSWER To SECOND AMENDED COMPLAINT 1 17. Plaintiff is not entitled to recover its attorney fees and costs. 2 18. Defendant did not breach any obligation or duty to plaintiff. 3 19. Plaintiff at all times mentioned in the Complaint was fully aware of all facts, matters 4 and circumstances surrounding said matters and knowingly and voluntarily assumed the risk of 5 injury and/or damages, if any there was. 6 20. Plaintiff's Complaint seeks compensation for an amount that is inflated and does not 7 represent labor or materials provided by plaintiff on the project. 8 21. Defendant's performance under the contract was excused by plaintiff s failure to 9 perform under the contract which is the subject of this action. 10 22. Defendant fully performed under the contract which is the subject of this action. 11 23. The contract between defendant and plaintiff was terminated for cause. 12 24. Plaintiff was not entitled to payment under the contract after it was terminated for 13 cause. 14 25. Plaintiff was not entitled to payment under the contract until it complied with the 15 prevailing wage requirements. 16 26. Plaintiff failed to comply with the prevailing wage requirements. 17 27. Defendant was fully able and willing to perform the contract with plaintiff, but 18 plaintiffprevented and frustrated the performance under the contract. 19 28. Plaintiff's claims must be reduced by offsets which include, but are not limited to, 20 payments made by defendant to third-parties making claims that plaintiff failed to pay them for 21 materials, claims for failure to pay employment benefits and correct compensation to plaintiff's 22 employees and amounts incurred to complete plaintiff s scope of work. 23 29. Defendant was not unjustly enriched by plaintiff s work on the project. 24 30. Plaintiff is a suspended corporation. 25 31. Plaintiff has not described the claims in the Complaint with sufficient particularity 26 and certainty to enable these defendants to determine what additional defenses may be available to 27 them. Defendant therefore reserve the right to assert all defenses which may be pertinent to, or arise Oil from said Complaint, once the precise nature of such claims and causes of action are ascertained Paae 3 ANSWER TO SECOND AMENDED COMPLAINT 1 through discovery and/or investigation. 2 WHEREFORE, Defendant prays that: 3 A. Plaintiff takes nothing by way of its Complaint; 4 B. The Complaint be dismissed with prejudice; 5 C. For costs of suit incurred herein, including attorneys'ees, expert fees and costs; 6 D. All other relief the Court deems necessary and appropriate to accord substantial justice. 8 DATED: 9 October 18, 2021 ROBARDS & STEARNS, PC 10 12 13 14 By ANDREW V. STEARNS, on behalf of defendant CORE GENERAL CONTRACTOR, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 Paae 4 ANSWER TO SECOND AMENDED COMPLAINT CASE NAME: Platinum Roofing, Inc. v. Core General Contractor, Inc., et al. VENUE: Santa Clara County Superior Court ACTION NO.: 21CV381187 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA I am a citizen of the United States. My business address is 718 University Avenue, Suite 216, Los Gatos, California 95032. I am employed in the County of Santa Clara where this service occurs. I am over the age of 18 years and not a party to the within action or cause. I am readily familiar with my employer's normal business practice for collection and processing of documents for mailing with the U.S. Postal Service, and that practice is that documents are deposited with the U.S. Postal Services the same day as the day of collection in the ordinary course of business. On the date set forth below, following ordinary business practice, I served the foregoing document(s) described as: ANSWER TO SECOND AMENDED COMPLAINT on said date at my place ofbusiness, a true copy thereof, on the following parties by enclosing said copies in a sealed envelope in the ordinary course of business, addressed to the parties as follow Attorneys for Plaintiff Simon Aron, Esq. Alexander B. Boris, Esq. WolfRifkin Shapiro Schulman & Rabkin, LLP 11400 West Olympic Boulevard, 9~ Floor Los Angeles, California 90064-1582 saronSwrslawvers. corn aboris@wrslawvers.corn (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the U.S. mail in Los Gatos, California. H (BY EMAIL) I caused such documents to be delivered by email this date to the offices of the addressee(s), to the email address noted herein. (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an overnight delivery carrier with delivery fees provide for, addressed to the person(s) on whom it is to be served. (STATE) I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed on October 18, 2021 in Los Gatos, California. ANDREW V. STEARNS