Answer

Cal. Super. - 3rd Dist.June 9, 2021

John P. Sciacca., SBN 265049 POWERS MILLER 2 3500 Douglas Boulevard, Suite 100 Roseville, California 95661 Telephone No. (916) 924-7900 Telecopier No. (916) 924-7980 4 Attorneys for Defendant, DUANE JOSEPH GORHAM 7 SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER IO PAMELA RAE MAUPIN, Plaintiff(s), 12 vs 13 14 15 16 17 Defendants. DUANE JOSEPH GORHAM, DANA WAYNE JOHNSON, NIKUNJ A. PATEL, P.V. HOLDING CORP., dba AVIS BUDGET GROUP, THOMAS RICHARD DOROW, ERIC RICHARD WICK, and DOES 1 through 50, inclusive, ) Case No. S-CV-0046822 ) ) ) ) ) ANSWER TO COMPLAINT ) ) ) ) ) ) ) ) ) 18 20 COMES NOW defendant DUANE JOSEPH GORHAM and answers plaintiff's complaint on file herein as follows: Defendant denies, generally and specifically, each and all allegations contained in plaintiff' complaint on file herein, and in each and every cause of action therein contained, and further denies that plaintiff was damaged in any sum or sums at 24 all as alleged in said complaint or otherwise. 25 AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that plaintiff's complaint fails to state facts sufficient to constitute a cause of action against this 1 ANSWER TO COMPLAINT answering defendant. 2 AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant alleges that plaintiff was careless and negligent in and about 5 the matters described in said complaint and said negligence and 6 carelessness on the part of plaintiff proximately caused the injuries and damages complained of, if any there were. 8 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant 18 alleges that the injuries and/or damages allegedly sustained, if any there be, were caused solely by the negligence and/or willful and intentional misconduct and/or other legal fault of persons or entities other than this answering defendant, and 14 that if this answering defendant is in any way legally 15 responsible, any damages to which plaintiff would otherwise be 16 entitled should be reduced in proportion to the amount of legal fault attributable to other persons or entities which caused 18 plaintiff's alleged injuries, if any there be. AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE 28 DEFENSE to the complaint herein, this answering defendant 21 alleges that at all times and places mentioned in the 22 complaint, plaintiff failed to mitigate the amount of her 23 damages, if any. The damages caused to plaintiff could have 24 been mitigated by due diligence on her part or by one acting 25 under similar circumstances. Plaintiff's failure to mitigate 26 is a bar to her recovery under the complaint. 27 AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE 28 DEFENSE to the complaint herein, this answering defendant 2 ANSWER TO COMPLAINT alleges that plaintiff's complaint, and each cause of action therein alleged, is barred by the applicable statute of limitations, including but not limited to CCP 5 335.1. 4 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the complaint herein, this answering defendant 6 alleges that plaintiff's recovery, if any, must be limited to economic damages pursuant to Civil Code 5 3333.4. 8 AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE 3 DEFENSE to the complaint herein, this answering defendant Io alleges that the accident referred to, and all injuries and damages resulting therefrom, if any, were the result of an unavoidable accident, and occurred without any negligence on the part of this answering defendant. 14 WHEREFORE, this answering defendant prays that plaintiff 15 take nothing from this answering defendant by way of her 16 complaint, that this answering defendant be henceforth 17 dismissed with his costs of suit, and for such other and Is further relief as the court deems just and proper. DATED: October 13, 2021 POWERS MILLER 20 21 22 23 endant 24 25 26 27 28 3 ANSWER TO COMPLAINT 1 Maupin v. Gorham Placer County Superior Court No. S-CV-0046822 2 PROOF OF SERVICE 3 I am a citizen of the United States, employed in the County of 4 Placer, State of California. My business address is 3500 Douglas Boulevard, Suite 100, Roseville, California 95661. I am over the 5 age of 18 years and not a party to the above-entitled action. 6 On October 13, 2021, I caused the within ANSWER TO COMPLAINT, the original of which was produced on recycled paper, to be served 7 as follows: 10 12 XX MAIL - I am readily familiar with Powers Miller's practice forcollection and processing of correspondence for mailing with the United States Postal Services. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at Roseville, California at or before the close of each day' business. (CCP Section 1013a(3).) 13 14 15 16 17 18 19 FACSIMILE - October 13, 2021 at a.m./p.m., by use offacsimile machine telephone number (916) 924-7980, I served a true copy of the aforementioned document(s) on the parties in said action by transmitting by facsimile machine to the numbers as set forth below. The facsimile machine I used complied with California Rules of Court, Rule 2003(3) and no error was r'eported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print a transmission records of the transmission, a copy of which isattached to this Declaration. PERSONAL SERVICE - Delivered by hand to the addressee addressed as set forth below. 20 21 OVERNIGHT COURIER - By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service. 22 23 EMAIL - October 13, 2021, pursuant to the agreement of theparties, by use of email, I served a true copy of the aforementioned document(s) on the parties in said action to the email addresses as listed below. 24 Evan A. Wolfe 25 12120 Herdal Drive Auburn, CA 95603 26 I declare under penalty of perjury under the laws of the State 27 of California that the foregoing is true and correct, and that thisdeclaration was executed on October 13, 2021, at Roseville, 28 California. XAITLIN JUN~