AnswerCal. Super. - 3rd Dist.September 12, 2018S O L P A R K E R L A W G R O U P 10 i 12 13 14 15 16 217 18 19 20 21 22 23 24 25 26 27 28 o - Port J. Parker SBN: 179256 Jeffrey §. Einsohn SBN: 260150 PARKER LAW GROUP 555 Capitol Mall, Suite 1230 FI Sacramento, CA 958 14 SUPERIOR a ED COUNTY OF PLACER 4 wor Detena NOV 20 2018 ttorneys for Defendants > JAKE MY AUTO SURGEON, INC. and EXECUTIVE OFFICES Sol ERK JUSTIN BREAUX By: C. Waggoner, Deputy Telephone: (916) 996-0400 SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER TRIMM’S BUILDING MATERIALS, Case No. SCV0041706 Plaintiff, DEFENDANTS’ ANSWER TO V. UNVERIFIED COMPLAINT MY AUTO SURGEON, INC., a California Corporation; JUSTIN BREAUX and DOES | BY FAX through 5, Defendants Defendants, MY AUTO SURGEON, INC. and JUSTIN BREAUX (collectively “Defendants’”) hereby answer Plaintiff, TRIMM’S BUILDING MATERIALS (“Plaintiff’)’ Unverified Complaint as follows: GENERAL DENIAL Pursuant to California Code of Civil Procedure Section 431.30 ef al., in answering the allegations in Plaintiff s Complaint, Defendants deny each and every allegation contained in Plaintiff s Complaint, and specifically deny that Plaintiff was damaged in any of the amounts alleged in the Complaint or in any amounts at all. /Tf /// DEFENDANTS’ ANSWER TO UNVERIFIED COMPLAINT PA RK ER LA W G R O U P 10 ul 12 13 14 15 16 2°17 18 23 24 25 26 27 28 oo ~ AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiffs claims are barred by the statute of limitations. SECOND AFFIRMATIVE DEFENSE Plaintiff's claims are barred by the doctrine of laches. THIRD AFFIRMATIVE DEFENSE Plaintiff has failed to state a claim upon which relief can be granted. FOURTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred by the doctrine of unclean hands. FIFTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred by the doctrine of accord and satisfaction. SIXTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred by the doctrine of Novation. SEVENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred because Defendants’ refusal to pay were justified. EIGHTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred because Plaintiff consented to the acts complained of. NINTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred because Plaintiff voluntarily and knowingly relinquished its right to further payment. /// /// /// /// TENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred because Plaintiff released Defendants. ELEVENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred because Plaintiff breached the contract upon which it is suing. DEFENDANTS’ ANSWER TO UNVERIFIED COMPLAINT 2 PARKE R L A W G R O U P pi to l Ma li , Su it e 217 18 19 20 21 22 23 24 25 26 27 ~~ - TWELFTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred because Plaintiff did not perform its obligations under the parties’ agreement. THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred because Plaintiff suffered no actual injury. FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred because Plaintiff has sued the wrong party. FIFTEENTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred because Plaintiff has failed to join necessary parties. SIXTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred due to a lack of causation, Defendant was not the proximate or legal cause of Plaintiff's injury. SEVENTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred because Defendants have provided complete performance. EIGTHTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred as a matter of law as the Complaint makes numerous blatantly false claims. NINETEENTH AFFIRMATIVE DEFENSE Discovery is ongoing and Defendants reserve the right to add additional affirmative defenses. /// /// /// ITI /// [11 /// /// /// DEFENDANTS’ ANSWER TO UNVERIFIED COMPLAINT 3 P A R K E R L A W G R O U P 555 Capito! M al l, Su it e 12 30 S a c r a m e n t o , C A 9 5 8 1 4 10 1] 12 13 14 15 16 17 18 19 20 21 22 2 24 25 26 27 28 o~ ~ WHEREFORE, Defendants pray as follows: l. That Plaintiff takes nothing by reason of its Complaint, and that the same be dismissed with prejudice; zn. That judgment be rendered in favor of Defendants: 3. That defendants be awarded their costs of suit: 4. For such other relief as the Court deems proper. DATED: November 15, 2018 PAR RL GROUP WU PORT J. PARKER JEFFREY S. EINSOHN Attorneys for Defendants, MY AUTO SURGEON, INC. and JUSTIN BREAUX DEFENDANTS’ ANSWER TO UNVERIFIED COMPLAINT 4 PARKE R L A W G R O U P 555 Capito! M al , Su it e 12 30 S a c r a m e n t o , CA 95 81 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o - COURT: Superior Court of California, County of Placer CASE NO.: SCV0041706 CASE NAME: Trimm’s Building Materials v. My Auto Surgeon, Inc., et al. PROOF OF SERVICE I am a citizen of the United States, employed in the County of Sacramento. My business address is 555 Capitol Mall, Suite 1230; Sacramento, California 95814. I am over the age of 18 years and not a party to the above-entitled action. 1 am familiar with PARKER LAW GROUP’s practice whereby each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at or before the close of each day’s business. On the date indicated below, I served the within: DEFENDANTS’ ANSWER TO UNVERIFIED COMPLAINT X_ MAIL--- . on the party(ies) in this action by causing a true copy thereof to be placed in a sealed envelope with postage thereon fully prepaid and deposited in the designated area for outgoing U.S. Mail addressed as follows: S. Ross Kochenderfer Jr. Law Offices of S. Ross Kochenderfer Jr., P.C. 12210 Herdal Drive, Suite 11 Auburn, CA 95603 Telephone: (530) 823-9858 Facsimile: (530) 823-0450 Attorneys for Plaintiff, Trimms Building Materials I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration is executed on November 20, 2018 at Sacramento, California. Sy JASMIN C. TF PROOF OF SERVICE 1
