AnswerCal. Super. - 3rd Dist.September 12, 2018W n - W w N O - O o O o ns DH 10 11 2 13 14 15. 16 17 18 19 20 21 22 23. 24 25 26 ar 28 ‘ : Superior rh ED WILLIAM K. BLAKEMORE, SBN 117575 County of Placer on? DONAHUE - DAVIES LLP Post Office Box 277010 NOV 01 2018 © Sacramento, CA 95827-7010 Jake Chatt Telephone: (916) 817-2900 Sigiive Officer & Clerk Facsimile: (916) 817-2644 . BY? U. Lucatuorto, Deputy Attorneys for Defendant ENTERPRISE FLEET MANAGEMENT, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER GINA GONZALEZ, ) Case No. SCV0041783 ) - ) Plaintiff, ) ) ANSWER TO COMPLAINT Vs. ) JOSEPH WILLIAM SEQUENZIA, ) ENTERPRISE FLEET MANAGEMENT, INC.,) and DOES 1 through 10, | Defendants. ) ) Defendant Fnteeptise Fleet Management, Inc., answering the Complaint of plaintiff on file herein, alleges as follows: | Defendant Enterprise Fleet Management, Inc. denies each and every, all and singular, generally and specifically, the allegations contained in said Complaint on file herein, and specifically denies that the plaintiff was damaged in any amounts alleged in the Complaint, or in any other amount, or at all. Me MI Mf 1 Answer to Complaint "Ti xe q Aq 9] Nw >_ > W 10 il 12 13 14 15 16 17 18 19° 20 21 22 23 24 25 26 27 28 O o C O S N H D MN I AS A SEPARATE, DISTINCT AND FIRST AFFIRMATIVE DEFENSE TO PLAINTIFE’S COMPLAINT, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: | ~ That Plaintiffs Complaint fails to state facts sufficient to constitute a cause of action. I AS A SEPARATE, DISTINCT AND SECOND AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: That at the time and place of the incident alleged in Plaintiff's Complaint, plaintiff herself was negligent in and about the matters set forth in the Complaint, which negligence proximately contributed to the damages complained of, if any there were. Ill AS A SEPARATE, DISTINCT AND THIRD AFFIRMATIVE DEFENSE TO PLAINTIFF’S COMPLAINT, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: | That Plaintif? s injuries and damages, if any, were the result of the conduct of other defendants or other parties, named or unnamed herein and the liability of this answering defendant, if any, is proportionally reduced thereby in accordance with applicable law. IV AS A SEPARATE, DISTINCT AND FOURTH AFFIRMATIVE DEFENSE TO PLAINTIFF’S COMPLAINT, THIS _ ANSWERING DEFENDANT ALLEGES AS FOLLOWS: That plaintiff, with the exercise of reasonable diligence and effort, would have and could have mitigated the damages alleged in the Complaint, if.any there are, and the resultant damages complained of in said Complaint, if any, were directly and proximately caused by the failure, selects and refusal of the plaintiff to exercise reasonable diligence and effort to mitigate the damages alleged. 2 Answer to Complaint - O o C o S I H D WN 10 11 12 13 14 15 16 17 18 19 20 21 22 93 24 25 26 27 28 Vv AS A SEPARATE, DISTINCT AND FIFTH AFFIRMATIVE DEFENSE TO PLAINTIFF’S COMPLAINT, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: _- That the complaint does not state facts sufficient to constitute a claim for damages for non- economic losses since plaintiff was uninsured at the time of the automobile accident in question. . WHEREFORE, this answering defendant prays that plaintiff take nothing by reason of her Complaint on file herein and that this defendant be dismissed together with its costs of suit incurred herein. Dated: November 1, 2018 _ DONAHUE : DAVIES LLP WILLIAM K. BLAKEMORE Attorneys for Defendant Enterprise Fleet Management 3 Answer to Complaint No S o Oo ©o S Y D R WH HR Ww W 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - AFFIDAVIT OF SERVICE CAPTION: GONZALEZ vy. SEQUENZIA COURT: SUPERIOR COUNTY: PLACER CASE NO: SCV0041783 [ am a citizen of the United States, over 18 years of age, employed in Sacramento County, and not a party to the within action; my business address is 1 Natoma Street, Folsom, California, 95630. On November 1, 2018, I served, in the manner indicated below, the foregoing document described as: Answer to Complaint to the parties in this action by placing true copies thereof, enclosed in sealed envelopes, addressed as follows: Counsel for Plaintiffs Arash Khorsandi, Esq. Law Offices of Arash Khorsandi 2960 Wilshire Blvd., Third Floor Los Angeles, CA 90010 310-277-7529 310-388-8442 Fax XXX BY REGULAR MAIL: I caused such envelopes to be deposited in the United States Mail at Folsom, California, with postage thereon fully prepaid. .I am readily familiar with the firm's practice of collection and processing documents for mailing. It is deposited with the United States postal service each day and that practice was followed in the ordinary course of business for the service herein attested to. BY FEDERAL EXPRESS: I caused such envelopes to be delivered by air courier, with next day service. BY FACSIMILE: The facsimile machine I used complied with California Rules of Court, . rule 2003 and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), I caused the machine to print a transmission record of the transmission, a copy of which is attached to this affidavit. BY PERSONAL SERVICE: I caused such envelopes to be delivered by hand to the offices of the addressees. e State of California, that the November 1, 2018, at Folsom, (pe I certify (or declare), under penalty of perjury, under the laws o: foregoing is true and correct, and that this affidavit was executed California. Shelley Grajedd 1 Proof of Service
