AnswerCal. Super. - 3rd Dist.September 11, 2018B Y 3 S 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FILED SUPERIOR COURT OF CALIFORNIA CHRISTOPHER J. BEEMAN, ESQ. BAR#: 121194 POUT TWOP PLACES RIANA E. DANIEL, ESQ. BAR#: 314863 MAR 01 2019 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY A PROFESSIONAL CORPORATION JAKE CHATTERS 5860 Owens Drive, Suite 410 EXECUTIVE orpiO 8 CLERK Pleasanton, CA 94588 By: E. Ca puty (925) 734-0990 Fax: (925) 734-0888 Attorneys for Defendants BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS, BEST WESTERN INTERNATIONAL, INC.; AMBA INVESTMENTS, LLC; and MARCO ANTONIO ALVAREZ-IBARRA SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER MICHAEL SMITH and ANTHONY CASE NO.: SCV 0041778 ALATORRE, DEFENDANT MARCO ANTONIO ALVAREZ-IBARRA’S ANSWER TO Plaintiffs, PLAINTIFFS’ COMPLAINT BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO ALVAREZIBARRA; and DOES | to 20, Inclusive, Defendants. COMES NOW Defendant, and MARCO ANTONIO ALVAREZ-IBARRA, and in answer to the unverified Complaint of Plaintiffs, MICHAEL SMITH and ANTHONY ALATORRE, herewith denies each and every, all and singular, the allegations of said unverified Complaint, and each alleged cause of action thereof, and in that connection, said Defendant denies that Plaintiffs have been injured or damaged in any of the sums mentioned in the Complaint, or in any other amount, or at all, by reason of any action or omission. Mt F:\Data\DOCS\9548\05658\ans.ibara.wpd 1 DEFENDANT MARCO ANTONIO ALVAREZ-IBARRA’S ANSWER TO PLAINTIFFS’ COMPLAINT XV HA Ad 10 11 12 13 14 15 16 17 18 19 20 21 22 a2 24 25 26 27 28 AFFIRMATIVE DEFENSES AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant alleges that said Complaint, and each alleged cause of action thereof, fails to state facts sufficient to constitute a cause of action against this answering Defendant. AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant alleges that Plaintiffs were careless and negligent in and about the matters alleged in the Complaint, and each alleged cause of action thereof, and that said carelessness and negligence on said Plaintiffs’ own part proximately contributed to the happening of the loss and damages complained of, if any there were. Under the doctrine of comparative negligence, Plaintiffs’ own comparative negligence shall reduce any and all damages sustained by said Plaintiffs. AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant alleges that said damages sustained by Plaintiffs were either wholly or in part the fault of others, whether that fault be the proximate result of negligence, strict liability, breach of warranty, breach of contract or any other type of fault caused by persons, firms, corporations, or entities other than this answering Defendant and said negligence or fault comparatively reduces the percentage of fault or negligence, if any, by this answering Defendant. AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant alleges that Plaintiffs failed to mitigate their damages. AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant alleges that the Complaint and each alleged cause of action thereof, fails to state facts sufficient to constitute a cause of action in that said Complaint, and each cause of action thereof, is barred by the statute of limitations as stated in Part Two, Title I], Chapter 3, of the California Code of Civil Procedure, beginning with Section 335, and continuing through Section 349.4 and, more particularly, but not F: \Data\DOCS\9548\05658\ans.ibara.wpd 2 DEFENDANT MARCO ANTONIO ALVAREZ-IBARRA’S ANSWER TO PLAINTIFFS’ COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 limited, to Sections 337, 337.1, 337.15, 337.5, 338, 339, 340 and 343. AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant alleges that the provisions of the "Fair Responsibility Act of 1986" (commonly known as Proposition 51, Civil Code Sections 1430, 1431, 1431.1, 1431.2, 1431.3, 1431.4, 1431.5 and 1432) are applicable to this action to the extent Plaintiffs’ injuries and damages, if any there were or are, were proximately caused or contributed to by the carelessness, negligence or fault of persons or entities other than this answering Defendant. AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant is informed and believes and thereon alleges that Plaintiffs, with full appreciation of the particular risks involved, nevertheless knowingly and voluntarily assumed the risks and hazards of the activity complained of and the damages, if any, resulting therefrom. AS AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, this answering Defendant presently has insufficient knowledge or information upon which to form a belief as to whether he may have additional, as yet unstated, affirmative defenses. This answering Defendant reserves herein the right to assert additional affirmative defenses in the event discovery indicates that would be appropriate. /! Mf Hl // M1 /i/ /Il /I/ /il F: \Data\DOCS\9548\05658\ans.ibara.wpd 3 DEFENDANT MARCO ANTONIO ALVAREZ-IBARRA’S ANSWER TO PLAINTIFFS’ COMPLAINT 10 11 L2 13 14 15 16 17 18 Lo 20 21 22 23 24 25 26 27 28 WHEREFORE, this answering Defendant prays that the Plaintiffs take nothing by way of their Unverified Complaint, that Defendant have judgment for costs of suit incurred herein, together with such other and further relief as the court may deem just and proper. DATED: March 1, 2019 CLAPP, MORONEY, VUCINICH, BEEMAN +SCHELEY \Wwer- CHRISTOPHER J. BEEMAN, ESQ. Attorneys for Defendants BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS, BEST WESTERN INTERNATIONAL, INC.; AMBA INVESTMENTS, LLC; and MARCO ANTONIO ALVAREZ-IBARRA By: F: \Data\DOCS\9548\05658\ans.ibara.wpd 4 DEFENDANT MARCO ANTONIO ALVAREZ-IBARRA’S ANSWER TO PLAINTIFFS’ COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 Z3 24 29 26 Zt 28 Smith, Michael, et al. v. Best Western, et al. Placer County Superior Court Case No.: SCV0041778 PROOF OF SERVICE BY MAIL __I, the undersigned, hereby declare that I am over the age of eighteen years and not a party to phe within action. My business address is 5860 Owens Drive, Suite 410, Pleasanton, California On the date indicated below, I served by mail a true copy of the following documents: DEFENDANT MARCO ANTONIO ALVAREZ-IBARRA’S ANSWER TO PLAINTIFFS’ COMPLAINT I am readily familiar with the practice of this business for collection and processing of documents for mailing with the United States Postal Service. Documents so collected and processed are placed for collection and deposit with the United States Postal Service that same day in the ordinary course of business. The above-referenced document(s) were placed in (a) sealed envelope(s) with postage thereon fully prepaid, addressed to each of the below listed parties and such envelope(s) was (were) placed for collection and deposit with the United States Postal Service on the date listed below at 5860 Owens Drive, Suite 410, Pleasanton, California 94588. Attorney for Plaintiff Joel Krissman, Esq. Krissman & Silver, LLP 444 W. Ocean Boulevard, Suite 940 Long Beach, CA 90802 Tel: (562) 548-7515 Fax: (562) 912-2657 Email: jk@krissmansilver.com Jay Kaplan, Esq. Kaplan Law Corporation 400 Oceangate Avenue, Suite #1125 Long Beach, CA 90802 Tel: (562) 372-0506 Fax: (562) 349-0566 Email: jkaplan@kaplanlawcorp.com Executed on March 1, 2019 at Pleasanton, California. I declare under penalty of perjury under the laws of the State of California that/the foregoing is true and correct. \ pe Billanes F:\Data\DOCS\9548\05658\proof.mail.wpd
