defendants ali pournik and jessica giovannis answer to plaintiffs unve

Cal. Super. - 1st Dist.October 13, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Randolph S. Hicks, Esq. - SBN 83627 Mahmoud A. Fadli, Esq. - SBN 280607 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendants Wheels Up Partners, LLC, GAMA Aviation, LLC, Ali Pournik, and _Jessica Giovanni IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SHARON BARR-DAY and BRANDON DAY, Plaintiffs, , vs. Case No. CGC-20-584022 DEFENDANTS ALI POURNIK AND JESSICA GIOVANNI'S ANSWER TO PLAINTIFFS' UNVERIFIED COMPLAINT WHEELS UP PARTNERS, LLC a New York Limited Liability Company; GAMA AVIATION LLC, a Connecticut Limited Liability Company doing business as Gama Aviation Signature, Currently Unknown Pilot in Command sued herein as DOE 1; Currently Unknown Co-Pilot, sued herein as DOE 2; and DOES 3-50, inclusive, Defendants. COME NOW defendants Jessica Giovanni and Ali Pournik, recently added herein as substitutions to DOE Defendants, (collectively referred to herein as "Defendants"), in response to the unverified complaint for damages of plaintiffs on file herein, in accordance with Section 431.30 of the Code of Civil Procedure, herewith generally deny each and every, all and singular, the allegations therein contained, and in this connection, Defendants deny that plaintiffs have been injured or damaged in any of the sums mentioned in the complaint, or in any sum whatsoever or at all, as a result of any act or omission of Defendants. AS A FURTHER, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT ON FILE HEREIN, Defendants allege that plaintiffs' complaint, 1 Defendants Ali Pournik and.Jessica Giovanni's Answer to Plaintiffs' Unverified Complaint Case No: CGC-20-584022 818388 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 10/13/2021 Clerk of the Court BY: EDWARD SANTOS Deputy Clerk I and each cause of action thereof, is barred by the applicable period of limitations codified in 2 Code of Civil Procedure Sections 335.1, 340(c), 338(6) and (c), 337, and 339. 3 AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO THE 4 AMENDED COMPLAINT ON FILE HEREIN, Defendants allege that he is entitled to a set- 5 off for all amounts paid to the plaintiffs by other defendants through settlements. 6 AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED 7 COMPLAINT ON FILE HEREIN, Defendants allege that plaintiffs' complaint, and each 8 cause of action thereof, is preempted by federal law, including, but not limited to, the 9 provisions of the Federal Aviation Act of 1958 and the General Aviation Revitalization Act of 10 1994, 49 U.S.C. section 40101, et seq., and the Federal Aviation Regulations promulgated 11 pursuant thereto. 12 WHEREFORE, Defendants pray that plaintiffs take nothing against them by their 13 complaint; and that Defendants have judgment for their costs of suit herein incurred, together 14 with such other and further relief as may be just and proper. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 13, 2021 By: - - - - ------.!'7""-- --7""-- ~ ----- - Randolph S. ick Mahmoud A. Fa.......,_ _ 2 Attorneys for Defendants Wheels Up Partners, LLC, GAMA Aviation, LLC, Ali Pournik, and _Jessica Giovanni Defendants Ali Pournik and.Jessica Giovanni's Answer to Plaintiffs' Unverified Complaint Case No: CGC-20-584022 818388 1 2 3 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) 4 I, the undersigned, declare that I am employed in the County of San Mateo, State of 5 California. I am over the age of eighteen (18) years and not a party to the within action. My 6 business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My 7 electronic mail address is joseguera@chdla\.vyers.com 8 I am readily familiar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 1 O overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On October 13, 2021, I served a copy of each of the documents listed below by placing 12 them for processing as indicated herein. 13 DEFENDANTS ALI POURNIK AND JESSICA GIOVANNI'S ANSWER TO 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ill 28 Ill PLAINTIFFS' UNVERIFIED COMPLAINT United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envefopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. 1 XX Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has manaated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rufe 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: Attorneys for Plaintiffs William E. Manning, Esq. Van De Poel, Levy, Thomas, Arneal LLP 1600 South Main Plaza, Suite 325 Walnut Creek, CA 94596 Telephone: (925) 934-6102 Facsimile: (925) 934-6060 wmanning@vanlevylaw.com Assistant: Kristin L. Metler kmetler@vanlevylaw.com I certify ( or declare) under penalty of perjury under the laws of the State of California that 20 the foregoing is true and correct and that this declarati was executed on October 13, 2021. 21 22 23 24 Court: Superior Court of California, San Francisco County Action No: CGC-20-584022 25 Case Name: Barr-DC!J v. Wheels Up, LLC 26 27 28