Preview
LAW OFFICE 0F JEFF BENNION ELECTRON ICALLY FILED
JEFFREY M. BENNION, SBN 275946 superior Court 0f califomia
£8696NDIA SCTA County of Santa Barbara
AN IEGO) 92103 Darrel E. Parker, Executive Officer
(619) 609-7198 11/23/2015 2:59:56 PM
JEFF@JBENNIONLAW.COM
By: Narzralli Baksh, Deputy
Attorneys for Defendants
Chris Hulme, Jennifer Hulme, and
ClearView Industries, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
ANACAPA DIVISION
10
11 Patsy Moler,
Case N0. 1417847
Plaintiff,
12
Defendants Chris Hulme, ClearView
v. Industries, Inc., and Jennifer Hulme’s
13 Answer to First Amended Complaint
Chris Hulme, individually and dba Clearview
14 Industries, Inc.,
Jennifer Hulme, individually and dba
15 Clearview Industries, Inc., and Does 1
througt, inclusive
16 Complaint Filed: 7/ 1/ 13
Defendants. Assi ned: Hon. James E Herman
17 Tria Date: 3/2/2016
1s And Related Cross Action
19
20 COME NOW defendants CHRIS HULME, JENNIFER HULME, and defendant
21 CLEARVIEW INDUSTRIES, INC. (erroneously sued herein as Chris Hulme,
22 individually and dba Clearview Industries, Inc.) and hereby answer the complaint of
23 Plaintiff Patsy Moler and allege as follows:
24
25 1. These answering defendants deny generally and specifically each and every
26 allegation of each and every cause of action contained in the First Amended Complaint
27 of Patsy Moler (hereinafter referenced as "c0mplaint"), and the whole thereof.
28
l
Defendants’ Answer to FAC
2. These answering defendants further deny that, by reason of any act or acts,
fault, carelessness, omission or omissions upon the part of these answering defendants,
that plaintiff was injured or damaged in any sum whatsoever, whether as alleged in the
complaint, or otherwise, or at all.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
3. The allegations of the complaint fail to state facts sufficient to constitute a cause
of action against these answering defendants.
10
11 SECOND AFFIRMATIVE DEFENSE
12 4. These answering defendants allege that the causes of action set forth in the
13 complaint are barred by the applicable statutes of limitations including, but not limited
14 to, Civil Code §3426.6, Code of Civ. Pro. §339(1), Code of Civil Procedure §337; Code 0f
15 Civil Procedure §338; Code of Civil Procedure §339; Code of Civil Procedure §343;
16 Business 8: Prof. Code §17208, among others.
17
1s THIRD AFFIRMATIVE DEFENSE
19 5. These answering defendants are informed and believe and thereon allege that
20 plaintiffs damages, if any, are the direct and proximate result of the intentional or
21 negligent conduct of third parties and any damages awarded to plaintiff must be
22 diminished in proportion to the amount of fault attributed to said third parties.
23
24 FOURTH AFFIRMATIVE DEFENSE
25 6. That to the extent plaintiff has failed to make reasonable efforts to mitigate,
26 minimize, and avoid her damages, if any, as required by law, these answering defendants
27 are entitled to have any sum to which plaintiff is allegedly entitled reduced by the amount
28
2
Defendants’ Answer to FAC
of damages attributable to the failure to plaintiff to make reasonable efforts to mitigate,
minimize, and avoid said damages.
FIFTH AFFIRMATIVE DEFENSE
7. That these answering defendants are informed and believe and thereon allege
that plaintiff unreasonably delayed in bringing this action against defendants and
because such delay substantially prejudiced defendants this action is barred by the
equitable doctrine of laches.
10 SIXTH AFFIRMATIVE DEFENSE
11 8. That by reason of its acts, conduct, statements, and representations, plaintiff is
12 estopped to obtain the relief she seeks herein.
13
14 SEVENTH AFFIRMATIVE DEFENSE
15 9. That plaintiff is not entitled to relief because she acted in connection with the
16 matters alleged in the complaint with unclean hands.
17
1s EIGHTH AFFIRMATIVE DEFENSE
19 10. That by reason of its acts and/or omissions plaintiff has waived her right to
20 obtain the relief it seeks herein.
21
22 NINTH AFFIRMATIVE DEFENSE
23 11. Damages alleged in each cause of action were exclusively caused or
24 contributed to by the negligence or other acts or omissions of other defendants, persons,
25 or entities, whether parties to this action or not, and that said negligence or other acts or
26 omissions were an intervening and superseding cause of injuries and damages, ifany,
27 and that such superseding forces are unforeseeable independent, intervening actions
28 breaking the chain of causation and barring recovery by plaintiff.
3
Defendants’ Answer to FAC
TENTH AFFIRMATIVE DEFENSE
12. All of the acts and/or omissions alleged in the complaint were solely, entirely,
and fully those of other defendants and/or parties, named or unnamed therein, other
than these answering defendants and therefore such parties are full and solely liable to
plaintiff. As a result, these answering defendants are entitled to total indemnification
from said parties including, but not limited to, any and all damages, costs and attorneys‘
fees that these answering defendants may sustain as a result of plaintiff s claims. In the
alternative, if it should be found that these answering defendants are in some manner
legally responsible for injuries 0r damages sustained by plaintiff, if any, and it should be
10 found that plaintiff sinjuries or damages were proximately caused or contributed to by
11 other defendants in this case, whether served or unserved, and/or other persons or
12 entities not parties to this action, then these answering defendants are entitled to a
13 finding that the negligence and fault of each of the aforesaid person and/or parties,
14 whether parties to this action or not, shall be determined, apportioned and prorated
15 and that any judgment rendered against these answering defendants shall be reduced
16 not only by the degree of comparative negligence of the plaintiffs, but also shall be
17 reduced by the percentage of negligence and/or fault and/or unreasonable conduct
1s attributed to the aforesaid other cross- defendants and/or third persons or entities,
19 whether parties to this action or not. Under the doctrine of Li v.Yellow Cab, plaintiff
20 s contributory negligence and/or fault shall reduce any and all damages sustained by
21 plaintiff.
22
23 ELEVENTH AFFIRMATIVE DEFENSE
24 13. Plaintiff is barred from asserting each and all of her causes of action by reason
25 of her ratification of the conduct of these answering defendants.
26
27
28
4
Defendants’ Answer to FAC
TWELFTH AFFIRMATIVE DEFENSE
14. All representations made by these answering defendants, ifthere were any,
were true and/or were expressions 0f opinion which were made in good faith and
reasonably believed to be true and were based upon information that these answering
defendants reasonably believed to be true and reliable. As a result, plaintiff cannot
recover from these answering defendants.
THIRTEENTH AFFIRMATIVE DEFENSE
15. These answering defendants are informed and believe and on such
10 information and belief allege that the contract alleged in the complaint has been
11 substantially performed, and that plaintiffs claims are barred thereby.
12
13 FOURTEENTH AFFIRMATIVE DEFENSE
14 16. These answering defendants allege that at all times relevant to the complaint,
15 plaintiff consented to all conduct of these answering defendants.
16
17 FIFTEENTH AFFIRMATIVE DEFENSE
1s 17. These answering defendants allege that the alleged contract giving rise to the
19 complaint is unenforceable and/ or void because of plaintiffs fraud.
20
21 SIXTEENTH AFFIRMATIVE DEFENSE
22 18. These answering defendants allege that the alleged contract giving rise to the
23 complaint is unenforceable and/or void because of plaintiffs misrepresentations to these
24 answering defendants.
25
26 SEVENTEENTH AFFIRMATIVE DEFENSE
27 19. These answering defendants allege that plaintiff s action is barred by reason
28 of her failure to perform its obligations under the contract.
5
Defendants’ Answer to FAC
EIGHTEENTH AFFIRMATIVE DEFENSE
20. These answering defendants allege that each cause of action in the complaint
is barred because plaintiff has engaged in acts and courses of conduct which rendered it
pan‘ delido.
1'11
NINETEENTH AFFIRMATIVE DEFENSE
21. These answering defendants allege that plaintiff breached the contract with
these answering defendants, and that by reason of said breach, these answering
defendants have been excused of their duties to perform all obligations set forth in the
10 alleged contract giving rise to this complaint.
11
12 TWENTIETH AFFIRMATIVE DEFENSE
13 22. These answering defendants allege that performance by these answering
14 defendants of certain acts was contingent upon conduct to be undertaken by plaintiff,
15 thus plaintiffs cooperation was a condition precedent to any alleged obligation by these
16 answering defendants to perform such acts.
17
1s TWENTY FIRST AFFIRMATIVE DEFENSE
19 23. That these answering defendants may have other undiscovered, separate, and
20 distinct affirmative defenses which these answering defendants reserve the right to allege
21 by amendment to this answer at such time as said separate and distinct affirmative
22 defenses are discovered.
23
24 TWENTY SECONDAFFIRMATIVE DEFENSE
25 24. These answering defendants at alltimes acted in a proper, lawful and legally
26 permitted fashion without malice or oppression. It exercised and possessed that degree
27 of skill,care, and knowledge required of a licensee and, therefore, there is not a basis
28
6
Defendants’ Answer to FAC
upon which an award of punitive or exemplary damages can be made against these
answering defendants.
TWENTY THIRD AFFIRMATIVE DEFENSE
25. Any and all representations made by these answering defendants, if there were
any, were true and/0r were expressions of opinion which were made in good faith and
reasonably believed to be true and were based upon information that these answering
defendants reasonably believed to be true and reliable. As a result, plaintiff cannot
recover from these answering defendants.
10
11 TWENTY FOURTH AFFIRMATIVE DEFENSE
12 26. These answering defendants did not know and in the exercise of reasonable
13 care could not have known of the alleged facts which plaintiff now contend were
14 suppressed from them during the subject transaction.
15
16 WHEREFORE, these answering defendants pray for judgment in his/ its favor and
17 against plaintiff as follows:
1s
19 l. That plaintiff takes nothing by way of her complaint;
20 2. For all costs of suit herein;
21 3. For reasonable attorneys‘ fees;
22 4. For such other and further relief as the Court may deem just and proper.
23
24 Dated: November 19, 2015 Law Office of Ieff Bennion
25
26
27
28
~
Ieffrey . B nion, Esq.
Attorneys for Defendants
7
Defendants’ Answer to FAC
PCS-040
ATTORNEY 0R PARTY WITHOUT ATTORNEY
(Name, gale Bar numb“,
arid address)‘ FOR COURT USE ONLY
_Jeffrey M. Bennion, SBN 275946
2869 India St
San Diego, CA 92103
TELEPHONE no
619'609'7198 mt no (Optional)
tom» jeff@jbennionlaw.com
E-MAILADDRESS
ATTORNEY FOR (Name)
Defendants
SUPERIOR courzr OF CALIFORNIA, coum'v OF Santa Barbara
STREET ADDRESS1100 Anacapa St
MAILING ADDRESS,
AND ZIP CODE
CITY Santa Barbara
BRANCH NAME‘
Anacapa Division
PLAINTIFF/PETITIONER; Patsy Moler
DEFENDANT/RESPONDENT: Clearview Industries, Inc. and Chris Hulme CASE NUMBER
PROOF OF SERVICE-CIVIL 1417847
Check method of service (only one):
C]
‘:1
By Personal Service
By Messenger Service
I:
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(Do not use
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By Fax g By Overnight Delivery
By Electronic Service
JUDGE
DEPT,
Hon. James E‘ Herman
331
proof of service to show service of a Summons and complaint)
1. was over 18 years
At the time of service
I of age and not a party to this action.
2‘ My residence or business address is:
CA 92103
j
2869 India St, San Diego,
3‘ The fax number or electronic service address from which
lsewed the documents is(complete was by fax or
if service
mpr@ring|aw. net
electronic service):
4. On (date): November 201 2015 Iserved the following documents (specify):
Answer to FirstAmended Complaint
I: The documents are the Attachment to Proof of Service-Civil (Documents Served) (form PCS-040(0)).
listed in
5. Iserved the documents on the person or persons below, as follows:
at Name of person served:
bl l:| (Complete service
if was by personal service, or messenger service.)
mail, overnight delivery,
Business or residential address where person was served:
c. G
(1)
(Complete ifservicewas by fax or electronic service.)
Fax number or electronic service address where person was served;
(2) Time of service:
[:1 The names, addresses, and other applicable informationabout persons sewed ison the Attachment to Proof of
Service-Civil (Persons Served) (form POS-O40(P)).
6i The documents were served by the followingmeans (specify):
a, C] By personal service. lpersonally delivered the documents to the persons at the addresses listed in item 5. (1) For a
delivery was made to the attorney or at the attorneys office by leaving the documents,
party represented by an attorney,
in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in
charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made
to the party or by leaving the documents at the party's residence with some person not younger than
18 years of age
between the hours of eight in the morning and six in the evening.
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CASE NAME‘
'— CASE NUMBER-
PCS-040
Moler v. Clearview Industries, Inc. 1417847
[I By United
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6. b. States mail. lenclosed the documents ina sealed envelope or package addressed to the persons atthe
addresses initem 5 and (specify one):
(1) [:1 deposited the sealed envelope with the United States Postal Service, with the postage
fullyprepaid.
(2) 1:] am readily familiar
placed the envelope for collection and mailing, following our ordinary business practices.
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0n the same day that
with this business's practice tor collecting and processing correspondence for mailing.
correspondence is placed for collection and mailing. it is deposited in the ordinary course of business with the
United States Postal Service, in a sealed envelope with postage fully prepaid.
Iam a resident oremployed inthe countywhere the mailing occurred.The envelope or package was placed inthe mail at
and state):
(city
c.[:] By ovemlght delivery. Ienclosed the documents inan envelope or package provided by an overnight delivery
carrierand addressed to the persons at the addresses in item 5.
l placed the envelope or package for collection
and overnight delivery at an oftice or a regularly utilized drop box of the ovemight delivery carrier.
cg By messenger service.
at theaddresses
lserved the documents by placing them in an envelope or package addressed to the persons
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listed in (A declaration by
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at: By fax transmission.
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Based on an agreement of the parties to accept service by tax transmission,
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persons at the fax numbers listed in item 5. l
lfaxed the documents
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it: By electronic service.
documents to be sent
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lcaused the
ol the parties to accept electronic service.
declare under penalty of perjury under the laws of the State of Calilornia that the foregoing
istrue and correct.
M
l
Date; November 20,20, 2015
Jeffrey M. Bennion
(TYPE OR PRINT NAME OF oecummr)
> [L\
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(If item ischecked. the declaration below mus! be completed or a separate declaration from a messenger must be attached.)
DECLARATION OF MESSENGER
I: By personal service. l personally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attomey, delivery was made to the attorney or at the attorney's
otfice by leaving the documents in an envelope or package. which was clearly labeled to identify the attorney being served.
with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening.
(2)
For a party. delivery was made to the party or by leaving the documents at the party's residence with some person not younger
than 18 years of age between the hours of eight in the moming and six in the evening.
lwas over 18 years of age.
At the time of service, l am not a party to the above-referenced legal proceeding.
lserved the envelope or package. as stated above. on (date):
ldeclare under penalty of perjury under the laws of the State of California that the foregoing
istrueand correct.
Date:
nEcunAmi
(NAME oc oscumm)
(SIGNATURE OF
Page z a a
mm?" "Y ‘-2°“! PROOF OF SERVICE-CIVIL
(Proof of Service)
Preview
LAW OFFICE 0F JEFF BENNION ELECTRON ICALLY FILED JEFFREY M. BENNION, SBN 275946 superior Court 0f califomia £8696NDIA SCTA County of Santa Barbara AN IEGO) 92103 Darrel E. Parker, Executive Officer (619) 609-7198 11/23/2015 2:59:56 PM JEFF@JBENNIONLAW.COM By: Narzralli Baksh, Deputy Attorneys for Defendants Chris Hulme, Jennifer Hulme, and ClearView Industries, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA BARBARA ANACAPA DIVISION 10 11 Patsy Moler, Case N0. 1417847 Plaintiff, 12 Defendants Chris Hulme, ClearView v. Industries, Inc., and Jennifer Hulme’s 13 Answer to First Amended Complaint Chris Hulme, individually and dba Clearview 14 Industries, Inc., Jennifer Hulme, individually and dba 15 Clearview Industries, Inc., and Does 1 througt, inclusive 16 Complaint Filed: 7/ 1/ 13 Defendants. Assi ned: Hon. James E Herman 17 Tria Date: 3/2/2016 1s And Related Cross Action 19 20 COME NOW defendants CHRIS HULME, JENNIFER HULME, and defendant 21 CLEARVIEW INDUSTRIES, INC. (erroneously sued herein as Chris Hulme, 22 individually and dba Clearview Industries, Inc.) and hereby answer the complaint of 23 Plaintiff Patsy Moler and allege as follows: 24 25 1. These answering defendants deny generally and specifically each and every 26 allegation of each and every cause of action contained in the First Amended Complaint 27 of Patsy Moler (hereinafter referenced as "c0mplaint"), and the whole thereof. 28 l Defendants’ Answer to FAC 2. These answering defendants further deny that, by reason of any act or acts, fault, carelessness, omission or omissions upon the part of these answering defendants, that plaintiff was injured or damaged in any sum whatsoever, whether as alleged in the complaint, or otherwise, or at all. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE 3. The allegations of the complaint fail to state facts sufficient to constitute a cause of action against these answering defendants. 10 11 SECOND AFFIRMATIVE DEFENSE 12 4. These answering defendants allege that the causes of action set forth in the 13 complaint are barred by the applicable statutes of limitations including, but not limited 14 to, Civil Code §3426.6, Code of Civ. Pro. §339(1), Code of Civil Procedure §337; Code 0f 15 Civil Procedure §338; Code of Civil Procedure §339; Code of Civil Procedure §343; 16 Business 8: Prof. Code §17208, among others. 17 1s THIRD AFFIRMATIVE DEFENSE 19 5. These answering defendants are informed and believe and thereon allege that 20 plaintiffs damages, if any, are the direct and proximate result of the intentional or 21 negligent conduct of third parties and any damages awarded to plaintiff must be 22 diminished in proportion to the amount of fault attributed to said third parties. 23 24 FOURTH AFFIRMATIVE DEFENSE 25 6. That to the extent plaintiff has failed to make reasonable efforts to mitigate, 26 minimize, and avoid her damages, if any, as required by law, these answering defendants 27 are entitled to have any sum to which plaintiff is allegedly entitled reduced by the amount 28 2 Defendants’ Answer to FAC of damages attributable to the failure to plaintiff to make reasonable efforts to mitigate, minimize, and avoid said damages. FIFTH AFFIRMATIVE DEFENSE 7. That these answering defendants are informed and believe and thereon allege that plaintiff unreasonably delayed in bringing this action against defendants and because such delay substantially prejudiced defendants this action is barred by the equitable doctrine of laches. 10 SIXTH AFFIRMATIVE DEFENSE 11 8. That by reason of its acts, conduct, statements, and representations, plaintiff is 12 estopped to obtain the relief she seeks herein. 13 14 SEVENTH AFFIRMATIVE DEFENSE 15 9. That plaintiff is not entitled to relief because she acted in connection with the 16 matters alleged in the complaint with unclean hands. 17 1s EIGHTH AFFIRMATIVE DEFENSE 19 10. That by reason of its acts and/or omissions plaintiff has waived her right to 20 obtain the relief it seeks herein. 21 22 NINTH AFFIRMATIVE DEFENSE 23 11. Damages alleged in each cause of action were exclusively caused or 24 contributed to by the negligence or other acts or omissions of other defendants, persons, 25 or entities, whether parties to this action or not, and that said negligence or other acts or 26 omissions were an intervening and superseding cause of injuries and damages, ifany, 27 and that such superseding forces are unforeseeable independent, intervening actions 28 breaking the chain of causation and barring recovery by plaintiff. 3 Defendants’ Answer to FAC TENTH AFFIRMATIVE DEFENSE 12. All of the acts and/or omissions alleged in the complaint were solely, entirely, and fully those of other defendants and/or parties, named or unnamed therein, other than these answering defendants and therefore such parties are full and solely liable to plaintiff. As a result, these answering defendants are entitled to total indemnification from said parties including, but not limited to, any and all damages, costs and attorneys‘ fees that these answering defendants may sustain as a result of plaintiff s claims. In the alternative, if it should be found that these answering defendants are in some manner legally responsible for injuries 0r damages sustained by plaintiff, if any, and it should be 10 found that plaintiff sinjuries or damages were proximately caused or contributed to by 11 other defendants in this case, whether served or unserved, and/or other persons or 12 entities not parties to this action, then these answering defendants are entitled to a 13 finding that the negligence and fault of each of the aforesaid person and/or parties, 14 whether parties to this action or not, shall be determined, apportioned and prorated 15 and that any judgment rendered against these answering defendants shall be reduced 16 not only by the degree of comparative negligence of the plaintiffs, but also shall be 17 reduced by the percentage of negligence and/or fault and/or unreasonable conduct 1s attributed to the aforesaid other cross- defendants and/or third persons or entities, 19 whether parties to this action or not. Under the doctrine of Li v.Yellow Cab, plaintiff 20 s contributory negligence and/or fault shall reduce any and all damages sustained by 21 plaintiff. 22 23 ELEVENTH AFFIRMATIVE DEFENSE 24 13. Plaintiff is barred from asserting each and all of her causes of action by reason 25 of her ratification of the conduct of these answering defendants. 26 27 28 4 Defendants’ Answer to FAC TWELFTH AFFIRMATIVE DEFENSE 14. All representations made by these answering defendants, ifthere were any, were true and/or were expressions 0f opinion which were made in good faith and reasonably believed to be true and were based upon information that these answering defendants reasonably believed to be true and reliable. As a result, plaintiff cannot recover from these answering defendants. THIRTEENTH AFFIRMATIVE DEFENSE 15. These answering defendants are informed and believe and on such 10 information and belief allege that the contract alleged in the complaint has been 11 substantially performed, and that plaintiffs claims are barred thereby. 12 13 FOURTEENTH AFFIRMATIVE DEFENSE 14 16. These answering defendants allege that at all times relevant to the complaint, 15 plaintiff consented to all conduct of these answering defendants. 16 17 FIFTEENTH AFFIRMATIVE DEFENSE 1s 17. These answering defendants allege that the alleged contract giving rise to the 19 complaint is unenforceable and/ or void because of plaintiffs fraud. 20 21 SIXTEENTH AFFIRMATIVE DEFENSE 22 18. These answering defendants allege that the alleged contract giving rise to the 23 complaint is unenforceable and/or void because of plaintiffs misrepresentations to these 24 answering defendants. 25 26 SEVENTEENTH AFFIRMATIVE DEFENSE 27 19. These answering defendants allege that plaintiff s action is barred by reason 28 of her failure to perform its obligations under the contract. 5 Defendants’ Answer to FAC EIGHTEENTH AFFIRMATIVE DEFENSE 20. These answering defendants allege that each cause of action in the complaint is barred because plaintiff has engaged in acts and courses of conduct which rendered it pan‘ delido. 1'11 NINETEENTH AFFIRMATIVE DEFENSE 21. These answering defendants allege that plaintiff breached the contract with these answering defendants, and that by reason of said breach, these answering defendants have been excused of their duties to perform all obligations set forth in the 10 alleged contract giving rise to this complaint. 11 12 TWENTIETH AFFIRMATIVE DEFENSE 13 22. These answering defendants allege that performance by these answering 14 defendants of certain acts was contingent upon conduct to be undertaken by plaintiff, 15 thus plaintiffs cooperation was a condition precedent to any alleged obligation by these 16 answering defendants to perform such acts. 17 1s TWENTY FIRST AFFIRMATIVE DEFENSE 19 23. That these answering defendants may have other undiscovered, separate, and 20 distinct affirmative defenses which these answering defendants reserve the right to allege 21 by amendment to this answer at such time as said separate and distinct affirmative 22 defenses are discovered. 23 24 TWENTY SECONDAFFIRMATIVE DEFENSE 25 24. These answering defendants at alltimes acted in a proper, lawful and legally 26 permitted fashion without malice or oppression. It exercised and possessed that degree 27 of skill,care, and knowledge required of a licensee and, therefore, there is not a basis 28 6 Defendants’ Answer to FAC upon which an award of punitive or exemplary damages can be made against these answering defendants. TWENTY THIRD AFFIRMATIVE DEFENSE 25. Any and all representations made by these answering defendants, if there were any, were true and/0r were expressions of opinion which were made in good faith and reasonably believed to be true and were based upon information that these answering defendants reasonably believed to be true and reliable. As a result, plaintiff cannot recover from these answering defendants. 10 11 TWENTY FOURTH AFFIRMATIVE DEFENSE 12 26. These answering defendants did not know and in the exercise of reasonable 13 care could not have known of the alleged facts which plaintiff now contend were 14 suppressed from them during the subject transaction. 15 16 WHEREFORE, these answering defendants pray for judgment in his/ its favor and 17 against plaintiff as follows: 1s 19 l. That plaintiff takes nothing by way of her complaint; 20 2. For all costs of suit herein; 21 3. For reasonable attorneys‘ fees; 22 4. For such other and further relief as the Court may deem just and proper. 23 24 Dated: November 19, 2015 Law Office of Ieff Bennion 25 26 27 28 ~ Ieffrey . B nion, Esq. Attorneys for Defendants 7 Defendants’ Answer to FAC PCS-040 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, gale Bar numb“, arid address)‘ FOR COURT USE ONLY _Jeffrey M. Bennion, SBN 275946 2869 India St San Diego, CA 92103 TELEPHONE no 619'609'7198 mt no (Optional) tom» jeff@jbennionlaw.com E-MAILADDRESS ATTORNEY FOR (Name) Defendants SUPERIOR courzr OF CALIFORNIA, coum'v OF Santa Barbara STREET ADDRESS1100 Anacapa St MAILING ADDRESS, AND ZIP CODE CITY Santa Barbara BRANCH NAME‘ Anacapa Division PLAINTIFF/PETITIONER; Patsy Moler DEFENDANT/RESPONDENT: Clearview Industries, Inc. and Chris Hulme CASE NUMBER PROOF OF SERVICE-CIVIL 1417847 Check method of service (only one): C] ‘:1 By Personal Service By Messenger Service I: Cl (Do not use By this Mail By Fax g By Overnight Delivery By Electronic Service JUDGE DEPT, Hon. James E‘ Herman 331 proof of service to show service of a Summons and complaint) 1. was over 18 years At the time of service I of age and not a party to this action. 2‘ My residence or business address is: CA 92103 j 2869 India St, San Diego, 3‘ The fax number or electronic service address from which lsewed the documents is(complete was by fax or if service mpr@ring|aw. net electronic service): 4. On (date): November 201 2015 Iserved the following documents (specify): Answer to FirstAmended Complaint I: The documents are the Attachment to Proof of Service-Civil (Documents Served) (form PCS-040(0)). listed in 5. Iserved the documents on the person or persons below, as follows: at Name of person served: bl l:| (Complete service if was by personal service, or messenger service.) mail, overnight delivery, Business or residential address where person was served: c. G (1) (Complete ifservicewas by fax or electronic service.) Fax number or electronic service address where person was served; (2) Time of service: [:1 The names, addresses, and other applicable informationabout persons sewed ison the Attachment to Proof of Service-Civil (Persons Served) (form POS-O40(P)). 6i The documents were served by the followingmeans (specify): a, C] By personal service. lpersonally delivered the documents to the persons at the addresses listed in item 5. (1) For a delivery was made to the attorney or at the attorneys office by leaving the documents, party represented by an attorney, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. aApprwedtorOptionalUse cumi or California Judicial PCS-Mme My PROOF 0F SERVIC_E_CIVIL "l co deol (22:15 Cal 1010610l1 [Slug Page 1013 1013 1013a down rules 2 zsb, 2 306 20111 1, (Proof of Service) wwwoot/rtscagov CASE NAME‘ '— CASE NUMBER- PCS-040 Moler v. Clearview Industries, Inc. 1417847 [I By United ~ 6. b. States mail. lenclosed the documents ina sealed envelope or package addressed to the persons atthe addresses initem 5 and (specify one): (1) [:1 deposited the sealed envelope with the United States Postal Service, with the postage fullyprepaid. (2) 1:] am readily familiar placed the envelope for collection and mailing, following our ordinary business practices. l 0n the same day that with this business's practice tor collecting and processing correspondence for mailing. correspondence is placed for collection and mailing. it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Iam a resident oremployed inthe countywhere the mailing occurred.The envelope or package was placed inthe mail at and state): (city c.[:] By ovemlght delivery. Ienclosed the documents inan envelope or package provided by an overnight delivery carrierand addressed to the persons at the addresses in item 5. l placed the envelope or package for collection and overnight delivery at an oftice or a regularly utilized drop box of the ovemight delivery carrier. cg By messenger service. at theaddresses lserved the documents by placing them in an envelope or package addressed to the persons item 5 and providing them to a professional messenger service tor service. listed in (A declaration by the messenger must accompany this Proof of Sen/ice or be contained in the Declaration of Messenger below.) at: By fax transmission. to the Based on an agreement of the parties to accept service by tax transmission, No error was reported by the fax machine that persons at the fax numbers listed in item 5. l lfaxed the documents used. A copy of the record of the fax transmission, which t printed out. is attached. it: By electronic service. documents to be sent Based on a court order or an agreement to thepersons at the electronic service addresses item listed in 5. lcaused the ol the parties to accept electronic service. declare under penalty of perjury under the laws of the State of Calilornia that the foregoing istrue and correct. M l Date; November 20,20, 2015 Jeffrey M. Bennion (TYPE OR PRINT NAME OF oecummr) > [L\ or oecuuunr) 6d above (If item ischecked. the declaration below mus! be completed or a separate declaration from a messenger must be attached.) DECLARATION OF MESSENGER I: By personal service. l personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attomey, delivery was made to the attorney or at the attorney's otfice by leaving the documents in an envelope or package. which was clearly labeled to identify the attorney being served. with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party. delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the moming and six in the evening. lwas over 18 years of age. At the time of service, l am not a party to the above-referenced legal proceeding. lserved the envelope or package. as stated above. on (date): ldeclare under penalty of perjury under the laws of the State of California that the foregoing istrueand correct. Date: nEcunAmi (NAME oc oscumm) (SIGNATURE OF Page z a a mm?" "Y ‘-2°“! PROOF OF SERVICE-CIVIL (Proof of Service)