AnswerCal. Super. - 3rd Dist.September 11, 201810 LL 12 13 14 15 16 17 18 L9 20 21 22 23 24 25 26 27 28 CHRISTOPHER J. BEEMAN, ESQ. BAR#: 121194 RIANA E. DANIEL, ESQ. BAR#: 314863 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY A PROFESSIONAL CORPORATION F I L = D 5860 Owens Drive, Suite 410 Superior Gourt of Caitornia Pleasanton, CA 94588 oe (925) 734-0990 Fax: (925) 734-0888 NOV 3 0 2018 Attorneys for Defendants AMBA INVESTMENTS, LLC and Jake Chatters BEST WESTERN PLUS ORCHID HOTEL & SUITES Executive Officer & Clerk (erroneously sued herein as BEST WESTERN INTERNATIONAL, Rt 5. Z Deputy NA 114 f~ SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER MICHAEL SMITH and ANTHONY CASE NO.: SCV 0041778 ALATORRE, DEFENDANTS AMBA INVESTMENTS, LLC AND BEST WESTERN PLUS Plaintiffs, ORCHID HOTEL & SUITES’ ANSWER TO PLAINTIFFS’ COMPLAINT 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, BEST WESTERN INTERNATIONAL, BY FAX Defendants. COME NOW Defendants, AMBA INVESTMENTS, LLC and BEST WESTERN PLUS ORCHID HOTEL & SUITES (hereinafter collectively as “Defendants”), and in answer to the unverified Complaint of Plaintiffs, MICHAEL SMITH and ANTHONY ALATORRE, herewith deny each and every, all and singular, the allegations of said unverified Complaint, and each alleged cause of action thereof, and in that connection, said Defendants deny 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. F:\Data\DOCS\9548\05658\ans.pld.wpd 1 DEFENDANTS' ANSWER TO PLAINTIFFS’ COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AFFIRMATIVE DEFENSES AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants allege that said Complaint, and each alleged cause of action thereof, fails to state facts sufficient to constitute a cause of action against these answering Defendants. AS ASECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants allege 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 Defendants. AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants allege 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 these answering Defendants and said negligence or fault comparatively reduces the percentage of fault or negligence, if any, by these answering Defendants. AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants allege that Plaintiffs failed to mitigate their damages. AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants allege 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.pld.wpd 2 DEFENDANTS' ANSWER TO PLAINTIFFS’ COMPLAINT 10 il 12 13 14 15 16 17 18 19 20 2d 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, these answering Defendants allege 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 these answering Defendants. AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants are informed and believe and thereon allege 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, these answering Defendants are informed and believe and thereon allege that Defendants, their employees, and agents used the highest care, skill, and caution necessary. AS A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants are informed and believe and thereon allege that AMBA INVESTMENTS, LLC is an independent owner of the property and vehicle at issue in Plaintiffs’ Complaint, and BEST WESTERN INTERNATIONAL, INC. does not own or have any control over such property and vehicle. AS A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants are informed and believe and thereon allege that BEST WESTERN INTERNATIONAL, INC. does not provide direction, control, or oversight over the operations or activities of AMBA INVESTMENTS, LLC, its employees, or agents with respect to the matters alleged in Plaintiffs’ Complaint. i F:\Data\DOCS\9548\05658\ans.pld.wpd 3 DEFENDANTS' ANSWER TO PLAINTIFFS’ COMPLAINT 10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 AS AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, Defendant BEST WESTERN INTERNATIONAL, INC. did not own, maintain, manage, and/or control the property in question and did not employ anyone at the hotel. AS A TWELFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, as to Defendant BEST WESTERN INTERNATIONAL, INC., each of the alleged causes of action are caused by other persons or parties. AS A THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these answering Defendants presently have insufficient knowledge or information upon which to form a belief as to whether they may have additional, as yet unstated, affirmative defenses. These answering Defendants reserve herein the right to assert additional affirmative defenses in the event discovery indicates that would be appropriate. WHEREFORE, these answering Defendants pray that the Plaintiffs take nothing by way of their Unverified Complaint, that Defendants have judgment for costs of suit incurred herein, together with such other and further relief as the court may deem just and proper. DATED: November 30, 2018 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY WA CHRISTOPHER J. BEEMAN, ESQ. Attorneys for Defendants AMBA INVESTMENTS, LLC and BEST WESTERN PLUS ORCHID HOTEL & SUITES (erroneously sued herein as BEST WESTERN INTERNATIONAL, INC.) By: F: \Data\DOCS\9548\05658\ans.pld.wpd 4 DEFENDANTS' ANSWER TO PLAINTIFFS’ COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 the within action. My business address is 5860 Owens Drive, Suite 410, Pleasanton, California 94588. On the date indicated below, I served by mail a true copy of the following documents: DEFENDANTS AMBA INVESTMENTS, LLC AND BEST WESTERN PLUS ORCHID HOTEL & SUITES’ 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 Attorney for Defendant Best Western Joel Krissman, Esq. International Krissman & Silver, LLP Emily S. Cates, Esq. 444 W. Ocean Boulevard, Suite 940 Senior Corporate Counsel Long Beach, CA 90802 Best Western Hotels & Resorts Tel: (562) 548-7515 6201 N. 24th Parkway Fax: (562) 912-2657 Phoenix, AZ 85016-2033 Email: jk@krissmansilver.com Tel: (602) 957-5735 Email: emily.cates@bestwestern.com Executed on November 30, 2018 at Pleasanton, California. I declare under penalty of perjury under the laws of the State of California thaf the foregoing is true and correct. + { | Paula Billanes \ F:\Data\DOCS\9548\05658\proof.mail.wpd
