Answer

Cal. Super. - 3rd Dist.November 25, 2019

T 5 0 2 2 t y o o m e N I D n nO B R W O p O N Y N Y N Y NY N Y N Y N Y N D PP O YF K F R e e R e R e e e e e o N D N N N F e W w NY O F e C O O O N DB O W n BR WO W N O KF CO J. Justin McKenna State Bar No. 238311 CARBONE, SMITH & ATTORNEYS AT LAW Superior Court of California 1610 ARDEN Way, SUITE 190 punky oF hiacer SACRAMENTO, CA 95815-4035 (916) 480-1071 JAN 0 8 2020 ATTORNEYS FOR DEFENDANT Jake Chatters ELIZABETH LAWSON Executive Officer & Clerk By: K. Pearson, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER UNLIMITED CIVIL JURISDICTION NATHAN THOMAS, Case No. SCV0044084 Plaintiff, ANSWER TO COMPLAINT V. ELIZABETH LAWSON and DOES 1 to25, Inclusive, Defendants. COMES NOW defendant Elizabeth Lawson and answers the complaint on file herein as follows: 1. Under the provisions of Section 431.30 of the Code of Civil Procedure of the State of California, this answering defendant generally denies each and every allegation of the complaint, and the whole thereof, and further denies that piaintiff has been or is now or will be damaged to the extent alleged or to any other extent. AS AND FOR FURTHER, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSES, ANSWERING DEFENDANT AVERS: FIRST AFFIRMATIVE DEFENSE 2. The incident or incidents complained of by plaintiff herein were caused, in whole or in part, by the negligence of the plaintiff. Any recovery by plaintiff in this case must be reduced by that percentage of the plaintiff's negligence which contributed to the incident or ANSWER TO COMPLAINT 0 me NN DH WN W BB Ww W wp ow Y N N Y N Y NY N Y N Y NY ND PH O YF F e F e e F e F e e e R e o N D N U W Fe W Y NY F e C O OD O O N DO nH FP W Y NY Y KF CO “incidents. SECOND AFFIRMATIVE DEFENSE 3. Plaintiff failed to use reasonable care to mitigate, in whole or in part, the damages alleged in the complaint. THIRD AFFIRMATIVE DEFENSE 4. Damages complained of by plaintiff herein were caused, in whole or in part, by acts and omissions of persons other than this answering defendant, which other persons may or may not be named as defendants in this action. This answering defendant should only be required to pay that portion of the plaintiff's damages attributable to this answering defendant pursuant to Civil Code sections 1431.2 and/or 1432. FOURTH AFFIRMATIVE DEFENSE 5. The complaint and/or causes of action therein are barred by the applicable statute of limitations, specifically including but not limited to California Code of Civil Procedure sections 335.1; 337; 338(a),(b),(c),(d) and (j); and 339. FIFTH AFFIRMATIVE DEFENSE 6. Defendant is informed and believes, and thereon alleges, that at the time of the incident which is the subject of this action plaintiff was not insured as required by the state's financial responsibility laws, and/or that plaintiff was driving in violation of Vehicle Code section 23152 and/or 23153 for which violation(s) plaintiff was convicted. Therefore, plaintiff's recovery, if any, must be limited to economic damages pursuant to Civil Code section 3333.4. SIXTH AFFIRMATIVE DEFENSE 7. The complaint and/or causes of action therein fail to state facts sufficient to constitute a cause of action against this answering defendant. SEVENTH AFFIRMATIVE DEFENSE 8. Plaintiff acted with full knowledge of all the facts and circumstances surrounding the alleged injury and thus assumed the risk of injury if any. WHEREFORE, defendant prays: ANSWER TO COMPLAINT Ds o e m NY D W N BP Ww W HB KL N o N O W N b o e e t e e e e e e ‘1. That plaintiff takes nothing; 2. For costs of suit herein; and 3. For such other and further relief as the Court deems just and proper. DATED: January 6, 2020 CARBONE, SMITH & KOYAMA MM J. Justi McKenna Attorneys for Defendant Elizabeth Lawson ANSWER TO COMPLAINT A. o m e n N n W o F e W O HP O N o NY N Y NY N Y N Y N Y ND PO KF F F FE F R F R R O O RE RR o n DA N un F F Ww W NY O F e C O O O F H N K D B Wn F P W D NY O KF CO Thomas v. Lawson Placer County Superior Court Case No. SCV0044084 PROOF OF SERVICE BY MAIL I, Janice R. Richardson, am employed by the office of Carbone, Smith & Koyama located at 1610 Arden Way, Suite 190, Sacramento, CA 95815-4035. I am over the age of 18 years and am not a party to this action. I am readily familiar with my employer's business practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service the same day it is placed for collection in the ordinary course of business. I served the accompanying ANSWER TO COMPLAINT by placing the document(s) for collection and mailing on the date below, following ordinary business practices at the above business address of my employer, in a sealed envelope or envelopes, with postage fully paid, and addressed to: Whitney D. Ackerman, Esq. Nadrich & Cohen, LLP 12100 Wilshire Blvd., Suite 1250 Los Angeles, CA 90025 Attorney for Plaintiff I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: January 6, 2020 Bei Hen. ( Janice R. Richafdson ANSWER TO COMPLAINT re