Answer

Cal. Super. - 3rd Dist.June 10, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4832-6169-6762.1 - 1 - ANSWER TO UNVERIFIED COMPLAINT OF DEFENDANT MAXWELL GOOK Marilyn Raia, SBN 072320 BULLIVANT HOUSER BAILEY PC 101 Montgomery Street, Suite 2600 San Francisco, CA 94104 Telephone: 415.352.2700 Facsimile: 415.352.2701 E-mail: marilyn.raia@bullivant.com Attorneys for Defendant Maxwell Gook SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER DEBORAH DAVIS, Plaintiff, v. MAXWELL GOOK, Defendant. Case No.: S-CV-0046842 ANSWER TO UNVERIFIED COMPLAINT OF DEFENDANT MAXWELL GOOK Defendant Maxwell Gook answers plaintiff’s unverified complaint as follows: 1. Defendant Maxwell Gook admits he is a competent adult. Except as admitted, Maxwell Gook denies the allegations of plaintiff’s complaint and further denies plaintiff has been damaged in any amount. FIRST AFFIRMATIVE DEFENSE As and for a first further separate and affirmative defense, Maxwell Gook alleges plaintiff’s decedent primarily and secondarily assumed the risk of the injuries/death he experienced. SECOND AFFIRMATIVE DEFENSE As and for a second further separate and affirmative defense, Maxwell Gook alleges plaintiff’s decedent was comparatively negligent in his actions and omissions and any award in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4832-6169-6762.1 - 2 - ANSWER TO UNVERIFIED COMPLAINT OF DEFENDANT MAXWELL GOOK favor of the plaintiff should be reduced comparatively by the percentage of fault attributed to decedent. THIRD AFFIRMATIVE DEFENSE As and for a third further separate and affirmative defense, Maxwell Gook alleges plaintiff’s decedent was drunk and under the influence of drugs at the time in question. FOURTH AFFIRMATIVE DEFENSE As and for a fourth further separate and affirmative defense, Maxwell Gook alleges plaintiff has unclean hands. FIFTH AFFIRMATIVE DEFENSE As and for a fifth further separate and affirmative defense, Maxwell Gook alleges plaintiff’s complaint fails to state a claim upon which relief may be granted. SIXTH AFFIRMATIVE DEFENSE As and for a sixth further separate and affirmative defense, Maxwell Gook alleges on information and belief that plaintiff may not have standing to bring all of the claims alleged in the complaint. SEVENTH AFFIRMATIVE DEFENSE As and for a seventh further separate and affirmative defense, Maxwell Gook denies owing any legal duty to plaintiff or plaintiff’s decedent. EIGHT AFFIRMATIVE DEFENSE As and for an eighth further separate and affirmative defense, Maxwell Gook alleges if plaintiff suffered any damages, which damages are denied, such damages proximately resulted from the acts and/or omissions of third parties for which he is not vicariously liable. NINTH AFFIRMATIVE DEFENSE As and for a ninth further separate and affirmative defense, Maxwell Gook alleges if plaintiff suffered any damages, which damages are denied and an award is entered in plaintiff’s favor, he is entitled to a credit for the amount voluntarily paid to plaintiff as a donation toward the decedent’s funeral expenses. /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4832-6169-6762.1 - 3 - ANSWER TO UNVERIFIED COMPLAINT OF DEFENDANT MAXWELL GOOK WHEREFORE, Maxwell Gook prays that plaintiff take nothing by way of her complaint and that he be awarded his costs of suit and such other relief as the court deems just. DATED: October 5, 2021 BULLIVANT HOUSER BAILEY PC By Marilyn Raia Attorneys for Defendant Maxwell Gook ***** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 1 - PROOF OF SERVICE PROOF OF SERVICE Deborah Davis v. Maxwell Gook Placer County Superior Court, Case No. S-CV-0046842 I am employed in the City and County of San Francisco by the law firm of Bullivant Houser Bailey, PC ("the business"), 101 Montgomery Street, Suite 2600, San Francisco, CA 94104. I am over the age of 18 and not a party to this action. On October 5, 2021, I served the document(s) entitled: ANSWER TO UNVERIFIED COMPLAINT OF DEFENDANT MAXWELL GOOK upon the following party(ies): Christopher L. Kreeger KREEGER LAW FIRM 3500 Douglas Blvd., Ste. 160 Roseville, CA 95661 Tel: 916-782-8400 Fax: 916-782-8401 E-mail: chris@kreegerlaw.com teresa@kreegerlaw.com Attorneys for Plaintiff DEBORAH DAVIS BY MAIL (CCP § 1013(a)): I am readily familiar with the ordinary practice of the business with respect to the collection and processing of correspondence for mailing with the United States Postal Service. I placed a true and correct copy(ies) of the above- titled document(s) in an envelope(s) addressed as above, with first class postage thereon fully prepaid. I sealed the aforesaid envelope(s) and placed it(them) for collection and mailing by the United States Postal Service in accordance with the ordinary practice of the business. Correspondence so placed is ordinarily deposited by the business with the United States Postal Service on the same day. BY E-MAIL OR ELECTRONIC TRANSFER: Pursuant to Judicial Council Emergency Rule 12, I caused a copy of the document(s) to be sent via e-mail at the address(es) listed above. The transmission was reported as complete and without error. BY FACSIMILE TRANSMISSION (CCP § 1013(e), CRC 2.306): I transmitted the document(s) by facsimile transmission by placing it(them) in a facsimile machine (telephone number 415-352-2701) and transmitting it(them) to the facsimile machine telephone number(s) listed above. A transmission report was properly issued by the transmitting facsimile machine. Each transmission was reported as complete and without error. A true and correct copy of the transmission report is attached hereto. BY OVERNIGHT DELIVERY (CCP § 1013(c)): I am readily familiar with the ordinary practice of the business with respect to the collection and processing of correspondence for mailing by Express Mail and other carriers providing for overnight delivery. I placed a true and correct copy(ies) of the above-titled document(s) in an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - PROOF OF SERVICE envelope(s) addressed as above, with first class postage thereon fully prepaid. I sealed the aforesaid envelope(s) and placed it(them) for collection and mailing by Express Mail or other carrier for overnight delivery in accordance with the ordinary practice of the business. Correspondence so placed is ordinarily deposited by the business with Express Mail or other carrier on the same day. BY PERSONAL SERVICE UPON AN ATTORNEY (CCP § 1011(a)): I placed a true and correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed as indicated above. I delivered each of said envelope(s) by hand to a receptionist or a person authorized to accept same at the address on the envelope, or, if no person was present, by leaving the envelope in a conspicuous place in the office between the hours of nine in the morning and five in the afternoon. BY PERSONAL SERVICE UPON A PARTY (CCP § 1011(b)): I placed a true and correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed as indicated above. I delivered each of said envelope(s) by hand to a person of not less than 18 years of age at the address listed on the envelope, between the hours of eight in the morning and six in the evening. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 5, 2021, at Daly City, California. Daisy I. Broyles *****