Answer Unlimited Fee AppliesCal. Super. - 6th Dist.April 1, 2021TELEPHONE NOR 650-991-5126 fax: 650-991-5134 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): ARLEN LITMAN-CLEPER SBN: 289699 CESARI WERNER &. MORJARTY 75 SOUTHOATE AVENUF. Dsly City, California 94015 ATTORNEY FOR INAMEJ:DEFENDANT DEAN KRATZER 6577-3-19-14 Insert name of court, Iudlclal district or branch court, If any, snd post offlcs snd street address: SUPERIOR COURT COUNTY OF SANTA CLARA 191 N. FIRST ST. SAN JOSE, CA 95113 PLD-Pl-003 FOR COURT USE ONLY I LAINTIFF: SANTA CLARA VALLEY TRANSPORTATION AUTHORITY : DEAN KRATZER, LYFT, INC. ANSWER-Personal Injury, Property Damage, Wrongful Death COMPLAINT OF (name): sANTA CLAsA VAI.t.sy TaANs AUTHoaiTY~ CROSS-COMPLAINT OF (name): CASE NUMBER: 21CV381540 1. This pleading, induding attachments and exhibits, consists of the following number of pages: DEFENDANT OR CROSS-DEFENDANT (nameJ: DEAN KRATZER 2. ~II Generally denies each allegation of the unverified complaint or cross-complaint. 3 a. ~ DENIES each allegation of the following numbered paragraphs: b. ~ ADMITS each allegation of the following numbered paragraphs: c. ~ DENIES, ON INFORMATION AND BELIEF, each allegation of the following numbered paragraphs: d, ~ DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation of the following numbered paragraphs: e. ~ ADMITS the follfrwing allegations and generally denies all other allegations: Po App Wforcpli al Uee Joeioiel C*onoll u C lrorni PLo-Pl-333 [Per. Janoenl 1, 200PI P 2 1of2 ANSWER-Personal Injury, Property Damage, Wrongful Death Ifsths ltrI iss ihihs Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/2/2021 2:19 PM Reviewed By: V. Castaneda Case #21CV381540 Envelope: 7586812 21CV381540 Santa Clara - Civil V. Castaneda SHORT TITLE: SANTA CLARA VALLEY TRSPORTATION AUTHORITY V KRATZER, et CASE NUMBER: el. 21CV381540 PLD-Pl-003 ANSWER-Personal Injury, Property Damage, Wrongful Death f. ~ DENIES the following allegations and admits all other allegations: g. ~X Other (specify): This answering defendant denies that by reason of any act or acts, omission or omissions, fault, carelessness, or negligent upon its part or upon the part of any of its agents, servants, or employees, plaintiff sustained injuries of any kind or character or damages in any sum or amount whatsoever. AFFIRMATIVELY ALLEGES AS A DEFENSE 4, ~x The comparative fault of plaintiff or cross-complainant (namej) sANTA cLARA vALLEY TRANspoRTATIQN AUTHQRITY a«ollowpa Should plaintiff recover damages against defendant, said defendant is entitled to have the amount abated, reduced, or eliminated to the extent plaintiffs bad faith conduct caused or contributed to his injuries and damages, if any. 5. ~X The expiration of the Statute of Limitations as follows: The Complaint is barred by the applicable statutes of linutation, including but not limited to, C.C.P. Sections 335, 335.1, 336, 337.1, 337.2, 337.3, 337.5, 337.6, 337.15, 338.1, 339, 339.5, 340, 340.1, 340.2, 340.3, 340.4, 340,5, 340.7, 340.9, 340.10, 340.15. 340.35, 341, 341.5, 342, 343, 344, 345, 346, 347, 348, 349, 349.1, 349.2, and 349.4. 6. ~X Other (speciiyj: Spp ATTACHED 7. DEFENDANT OR CROSS - DEFENDANT PRAYS For costs of suit and that plaintiff or cross-complainant take nothing. ~x Other (specrfyj: WHEREFORE, this answering defendant prays that pl Complaint on file herein; that this defendant has judgment thereon, tog and further relief as the Court may deem fair and equitable. m them by way of this it, and for such other Anr ppr I )TMA)o r'I nppu (type or pnm name) Isutrw re or pony or mro me y) ANSWER-Personal Injury, Property Damage, Wron(gful DeathPLO.P)-003 [R m 3 n ry X 200)) P 0 2of2 Short Title: SCVTA V KRATZER ET AL Case Number: 21CV3 81540 ANSWER TO COMPLAINT - Personal Injury, Property Damage, Wrongful Death Page Three DEFENDANT DEAN KRATZKR AFFIRMATIVELY ALLKGKS AS A DEFENSE: Failure to State Cause of Action: That the Complaint ofPlaintiff's fails to state a cause of action for which relief may be granted. Neelieence of Others: That the injuries and damages of which Plaintiff complains were proximately caused by the negligence and fault of other defendants herein and without any fault or want of care on the part of this answering Defendant or on the part of any person or persons for whose acts this answering Defendant was or is legally responsible. Assumntion of Risk: That Plaintiff assumed the risk of the hazards alleged if any hazards there were. Mitinatinu Damaaes: That Plaintiff failed to mitigate their damages with respect to the subject matter of this lawsuit. Nealinence of Plaintiff Damages if any, were proximately caused or contributed to by the negligence of Plaintiffand Plaintiff is barred from recovery or Plaintiff recovery is reduced thereby. Reserve riaht re: other affirmative defenses: Defendant reserves the right to allege other affirmative defenses as they may arise during the course of discovery. PROOF OF SERVICE I 5577-3-/9-l4 SCVTA V KRsTZER et al 2 I am a resident of the State of California, over the age of 18 years, and not a party to thc within action. My business address is CESARI, WERNER AND MORIARTY, 75 Southgate 3 Avenue, Daly City, California, 94015. On November 2, 2021, I served the within document: DEFENDANT KRATZER'S ANSWER TO COMPLAINT 4 6 7 BY FACSIMILE: Based on a written agreement of the parties to accept service by fax, I transmitted true and correct copies of the above document(s) via a facsimile machine at telephone number (650) 991-5134 to the persons and the fax numbers listed above. The fax transmission wasrepoited as complete and without error. The transmission report was properly issued by the transmitting facsimile machine, and a copy of the transmission report is attached or will he filed separately with the court. 10 11 12 13 14 15 16 BY ELECTRONIC MAIL:Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to the person(s) at the electronic service address(es) listed below. Such document(s) were transmitted via electronic mail from the electronic address: ~rarciagcwmlaw.corn H in portable document format ("PDF") Adobe Acrobat or LJ in Word document format. BY UNITED STATES MAIL:Following ordinary business practices, I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with the United States Postal Service. I am readily familiar with the practices of the Cesari Werner & Moriarty for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be deposited, postage prepaid, with the United States Postal Service that same day. 17 18 19 20 BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional messenger service. A declaration from the messenger who made the delivery is attached or will be filed separately with thc court. 21 22 23 24 25 26 David W. Hughes Laughlin, Falbo, Levy & Moresi LLP One Capitol Mall, Ste 400 Sacramento, CA 95814 T. 925.499.4999 F. 925.348.9710 Email dhuuhcsQktlm.corn Attorneyfor Plaintiff Santa Clara Valley Transportation Authority Jeffrey A. Buck Lewis Brisbois Bisgaard & Smith LLP 333 Bush St., Ste 1100 San Francisco, CA 94104-2872 T: 415.362.2580 F: 415.434.0882 Jeffi ev Bucl& lenisbrisbois.corn Attorneyfor Lyft, Inc. 27 28 PROOF OF SERVICE PROOF OF SERVICE I declare under penalty ofperjury that the above is true and correct. Executed on November 2, 2021, at Daly City, Califom RGarcia 10 12 13 14 15 16 17 18 19 20 21 23 24 25 27 28 PROOF OF SERVICE OOQON O 11 22 26 I l e al u rrect. ec t ov ber , 1 , al it , alifornia.
