AnswerCal. Super. - 3rd Dist.June 8, 2021FRIC M. BONZFLL, No. 148943 LAW OFFICES OF SHAHIN KARIM 2520 Venture Oaks Way, Suite 140 Sacramento, California 95833 Tel: (916) 925-3275 Fax: (916) 925-3234 eric.bonzell@usaa.coin 5 Attorneys for Defendant, CIJRTIS KNAPPENBERGFR 7 12 Plaintiff, 10 JENNIFER PERRY, 11 SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACFR Case No. S-CV-0046809 (Complaint Filed June 6, 2021) 13 16 17 vs. CURTIS KNAPPENBERGER AND DOES I THROUGH 30, INCLIJSIVE, Defendant. CURTIS KNAPPENBERGER'S ANSWER TO COMPLAINT COMFS NOW Defendant, CURTIS KNAPPENBERGER, in answer to the Complaint 19 on file herein, admits, denies and alleges as follows: 20 Under the provisions of Califor&iia Code of Civil Proceduie Section 431.30, this 21 answering Del'endant generally and specifically denies each and every allegation contained in 22 said Complaint, and the whole thereol; and each and every alleged cause of action ihereof and 23 denies that Plaintiff sustained damages in the sum or sums alleged, or in any other sum or sums, 24 25 26 or at all, by reason ot any act, breach or omission on the part of this answering Defendant. FIRST AFFIRMATIVE DEFENSE This answering Defendant is informed and believes and thereon alleges that at all times 27 mentioned herein that the negligent, careless, reckless and unlawful conduct of Plaintiff 28 ANSWLR 'I'0 COMPLAINT 1 substantially contributed io the alleged injuries and damages and said negligence and/or fault of 2 Plaintiff reduces any recovery otherwise availablc to Plaintiff. SECOND AI'FIRMATIVE DEFENSE 4 This answering Defendant is informed and believes and thereon alleges that at all times 5 mentioned herein, that if Plaintiff suffered or sustained any loss, damage or injury as alleged in 6 the Complaint, the loss, damage or injury was proximately caused or contributed to by the 7 actions of Plaintiff, or concunent tortfeasors, persons, entities, named or unnamed, and that the g actions or omissions to act, if any, of this answering Defendant is imputed to, and/or should be 9 indemnilicd by said named or unnamed tortleasors. 10 THHZD AI FIRMATIVE DEFENSE 11 This answering Defendant is informed and believes and thereon alleges that at all times 12 mentioned herein, that if Plaintiff suffered or sustained any loss, damage or injuiy as alleged in 13 the Complaint, the loss, damage or injury was proximately caused or contributed to by the 14 actions of Plaintiff or other Defendants, persons, entities, named or unnamed, and that said 15 actions were an intervening and superseding cause of the loss, damage and injury of which 16 Plaintiff complains. 17 FOURTH AFFIRMATIVE DEFENSE 18 This answering Defendant is informed and believes and thereon alleges that in the event 19 Plaintiff should establish any liability on the pait of this answering Defendant, which liability is 20 expressly denied, that this answering Defendant may not be obligated to pay sums representing a 21 proportion or percentage of fault not his own, but that of Plaintiff, other parties to this action and 22 third persons not parties to this action. Therefore, Defendant is entitled to an adjudication and 23 determination of the respective proportions or pcrccntagcs of fault, if any, on this answering 24 13cfcndant's part, on the part of Plaintiff, other parties to this action alid ihird persons not par:y to 25 this action pursuant to the Doctrines of Comparative Negligence and the Vair Resnonsibilitv Act 26 of 19g6, codified in Califot niu Civil Code Sections 1431-1431.5. 27 28 -2- ANSWFR TO COMFI,AINT FIFTH AFFIRMATIVE DEFENSE Plaintiff's claim for non-economic damages is barred by California Civil Code Section 3333.4. SIXTH AI'FIRMATIVE DEFENSE 5 Plaintiff has failed to make any reasonable efforts to mitigate her damages, if any, in 6 whole or in part. SEVENTH AFFIRMATIVE DEFENSE 8 Plaintiff s Complaint, and each and every portion thereof, fails to set forth facts sufficient 9 to constitute a viable cause of action as against this answering Defendant. 10 EIGHTH AFFIRMATIVE DEFENSE 11 12 As and for a further, separate and distinct answer and defense to Plaintiff s Complaint on 13 file herein, this answering Defendant alleges that Plaintiff's Complaint is barred by the 14 provisions of, Section 335.1 of the Califoi nia Code ofCivil Procedure. 15 WHEREFORE, this answering Defendant prays as follows: 16 1. That Plaintiff takes nothing by reason of her Complaint herein; 17 2. That this answering Defendant be awarded his costs of suit incurred herein; 18 3. For such other and further relief as the Court deems just and proper. 19 20 DATED: September 24, 2021 21 22 23 24 25 26 27 28 LAW OFFICES OF SHAHIN KARIM ERIC M. BONZELL Attorneys for Defendant, CURTIS KNAPPENBERGER -3- ANSWER TO COMPLAINT PROOF OF SERVICE [1013(a)(1)dk(3) CCP (Rev.l/98)[ Perev v ICnupnen berries Superior Court, Placer County, Case Number: S-CV-0046809 Judge:, Dept. I, the undersigned, declare that; I am over the age of 18 years and not a party to the within action. I am employed in the County of Sacramento, State of California, where thc within mailing or other method of service occurs, and my business address is 2520 Venture Oal&s Way, Suite 140, Sacramento, California. On the date listed below, I served the foregoing document described CURTIS KNAPPENBERGER'S ANSWER TO COMPLAINT on the interested parties listed below: 10 12 13 14 William L. Brelsford BRELSFORD ANDROVICH and WHITE 2001 I Street Sacramento, California 95811 Attorneys for Plaintiff, JENNIFER PERRY Phone: 916-449-1300 Fax: 916-449-1320 15 16 17 18 19 U.S. MAIL:by placing a trttc copy thereof in a separate sealed envelope for each addressee named above, addressed to each such addressee, respectively, and I then sealed each envelope and, with the postage thereon fully prepaid, placed it for mailing and deposit in the United States Postal Service in accordance with our business'ractices. I am readily familiar with our business practice for collection and processing of cotvespondence for mailing with the United States Postal Service; and that the correspondence shall be deposited with the United States Postal Service this same day in the ordinary course of business. 20 21 22 23 25 26 28 U.S. MAIL, CERTIFIED MAIL, RETURN RECEIPT: by placing a true copy thereof in a separate sealed envelope for each addressee named above, addressed to each such addressee, respectively, and I then sealed each envelope and, with the postage thereon fully prepaid, placed it for mailing and deposit in the United States Postal Service, VIA CERTIFIED MAIL, RETURN RECFIPT, in accordance with our business practices. I am readily familiar with our business practice for collection and processing of correspondence for mailing with the United States Postal Servicel and that thc correspondence shall be deposited with thc IJnited States Postal Service this same day in the ordinary course of business. FACSIMILE TRANSMISSION: by sending a true copy of the above-described document via facsimile, from facsimile number "~* to facsimile number **~, which number is lmown to be thc facsimile number for thc above-named individuals being served herein. The facsimile transmission was conlirmed as complete and without error. OVERNIGHT DELIVERY: I enclosed the document(s) described herein above in a package provided by an overnight delivery carrier addressed to the person(s) named above. I placed the package for collection and overnight delivery at an office or regularly utilized drop box for the overnight delivery catrier. 4 E-SERVICE: I electronically served the document(s) described herein above to the 5 addressee named above. Electronic service address ofperson served: *** E-FILE: I electronically filed and served the document(s) herein above with the Clerk of the Court by using the e-filing system. 7 8 PERSONAL DELIVERY: I enclosed the document(s) described herein above in a sealed envelope addressed to the party listed above and caused such envelope to be delivered by hand to 9 the office of the addressee. 10 12 13 14 15 Executed at Sacramento, California on September N 2021. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and c Je~er roulx Electronically signed pursuant to Civil Code ti1633.7(d) which states: "If the law requires a signature, an electronic signature satisfies the law." 16 17 19 20 21 22 23 24 25 26 27
