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1 LAW OFFICES OF MELANIE D. JOHNSON
10877 White Rock Road, Suite 310
2 Rancho Cordova, CA 95670-6029 6/1/2022
Email Address: tbel6@allstate.com
3 Electronic Service Address: SacramentoLegal@allstate.com
Telephone: (916) 859-8780
4 By: TINA ANN BELL
State Bar No. 186019
5 Our File No. N210390153.1
6 Attorneys for Defendants:
DANIEL C. MEHAN, TARYN MEHAN & DOE TRUSTEE OF THE MEHAN FAMILY
7 TRUST DATED SEPTEMBER 18, 2018
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
9
10 AMCO INSURANCE COMPANY, CASE NO. 21CV02089
11 Plaintiff, ANSWER TO COMPLAINT
12 vs.
13 BLUE DIAMOND POOLS, INC.,
DANIEL C. MEHAN, TARYN
14 MEHAN, DOE TRUSTEE OF THE
MEHAN FAMILY TRUST DATED
15 SEPTEMBER 18, 2018 and DOES 1
to 25
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Defendants.
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Defendants, DANIEL C. MEHAN, TARYN MEHAN & DOE TRUSTEE OF THE
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MEHAN FAMILY TRUST DATED SEPTEMBER 18, 2018, admits, denies and/or alleges as
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follows:
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1. The Defendants, DANIEL C. MEHAN, TARYN MEHAN & DOE TRUSTEE
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OF THE MEHAN FAMILY TRUST DATED SEPTEMBER 18, 2018, answering all the
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paragraphs in the unverified Complaint herein and by virtue of the provisions of the California
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Code of Civil Procedure Section 43l.30, now generally denies each and every allegation therein
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contained and the whole thereof.
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FIRST AFFIRMATIVE DEFENSE
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2. That the cause of action stated in the Complaint herein is barred for failure to
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comply with the Statute of Limitations, as contained in the California Code of Civil Procedure.
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1
ANSWER TO COMPLAINT
1 SECOND AFFIRMATIVE DEFENSE
2 3. That the Complaint on file herein fails to state facts sufficient to constitute a cause
3 of action entitling Plaintiff to prejudgment interest.
4 THIRD AFFIRMATIVE DEFENSE
5 4. Each and every Plaintiff has failed to state facts sufficient to constitute a cause of
6 action against any answering party herein.
7 FOURTH AFFIRMATIVE DEFENSE
8 5. That the Complaint is barred by California Code of Civil Procedure Section 474
9 and case law interpreting said code.
10 FIFTH AFFIRMATIVE DEFENSE
11 6. That ifPlaintiff received any injuries, and/or damages, if any, as a result of the
12 incident complained of herein, then each and every Plaintiff aggravated and/or failed to take
13 proper action to mitigate and/or reduce said injuries if any, or damages, if any.
14 SIXTH AFFIRMATIVE DEFENSE
15 7. If it should be found that any answering party is in any manner legally responsible
16 for any injuries or damages sustained by any Plaintiff, which supposition is not admitted but
17 merely stated for the purpose of this defense, that any such injuries or damages found to have
18 been incurred or suffered by said Plaintiff in this action were proximately contributed to or by
19 other Defendants or Cross-Defendants in this case, whether served or not served and/or by other
20 persons or entities, including insureds or assureds of Plaintiff, whether made parties to this action
21 or not, be determined and prorated, and that any judgment that might be rendered against any
22 answering party herein be reduced not only by that degree of contributory negligence and/or
23 assumption of risk found to exist as to any Plaintiff, but also as to the total of that degree of
24 negligence and/or fault found to exist as to said other persons or entities.
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ANSWER TO COMPLAINT
1 SEVENTH AFFIRMATIVE DEFENSE
2 8. Defendants allege that the losses and damages allegedly sustained by Plaintiffs, if
3 any, were proximately caused by intervening and superseding acts of others, which intervening
4 and superseding acts bar and/or diminish Plaintiffs' recovery, if any, against these answering
5 Defendants.
6 EIGHTH AFFIRMATIVE DEFENSE
7 9. Defendants allege that Plaintiffs' damages, if any, were proximately caused by the
8 negligent, reckless, or intentional acts of third parties as to whom these answering Defendants
9 had neither the right, the duty, nor the opportunity to exercise control over, and who acted
10 without the knowledge, participation, approval, or ratification of these answering Defendants.
11 Therefore, any damages awards to Plaintiffs, if any, shall be diminished in proportion to the
12 amount attributed to said third parties.
13 NINTH AFFIRMATIVE DEFENSE
14 10. Defendants allege that the agency or instrumentality causing the incident was not
15 within these answering Defendants' exclusive management or control.
16 WHEREFORE, Defendants pray that Plaintiff take nothing by reason of the Complaint
17 and that Defendants be given judgment for costs of suit incurred herein and for such other and
18 further relief as the Court may deem just and proper.
19 DATED: June 1, 2022 LAW OFFICES OF MELANIE D. JOHNSON
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22 By:
TINA ANN BELL
23 Attorney for Defendants
DANIEL C. MEHAN, TARYN MEHAN
24 & DOE TRUSTEE OF THE MEHAN
FAMILY TRUST DATED SEPTEMBER
25 18, 2018
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ANSWER TO COMPLAINT
1 PROOF OF SERVICE
2 I am employed in the County of Sacramento, State of California, am a resident of the
3 County of Placer, State of California, am over the age of 18 years, and not a party to the within
4 action. My business address is 10877 White Rock Road, Suite 310, Rancho Cordova, California
5 95670-6029.
6 On June 1, 2022, following ordinary business practice, I served the within ANSWER
7 TO COMPLAINT on the party or parties named on the attached service list,by serving the
8 original or a true and correct copy addressed as follows via the method indicated below:
9 ( ) BY U.S. MAIL: I caused such envelope(s), sealed and with postage fully
prepaid, to be placed in the U.S. Mail at [Click Here to Enter
10 City of Mailing], California
( ) BY FACSIMILE: I caused such document to be sent via facsimile to each person
11 on the attached mailing list. No error was reported by the fax
machine that I used. A copy of the record of the fax
12 transmission is available for review upon request.
13 ( ) BY ELECTRONIC MAIL: I caused such document to be sent via electronic mail to each
person so noted with an email address as required by CCP.
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( ) BY OVERNIGHT I caused the documents to be enclosed in an envelope provided
15 DELIVERY by an overnight delivery carrier and addressed to the persons at
the addresses listed below. I caused the envelope or package to
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be placed for collection by the overnight delivery carrier.
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( ) BY MESSENGER I caused the documents to be served by placing them in an
18 SERVICE envelope addressed to the persons at the addresses listed below
and providing them to a professional messenger service for
19 delivery. Proof of delivery by the messenger is available for
review upon request.
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I declare under penalty of perjury under the laws of the State of California that the foregoing
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Proof of Service is true and correct, and that this declaration was executed on June 1, 2022, at
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Auburn, California.
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24
25
26 By:
Kristan Henry
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4
ANSWER TO COMPLAINT
1 PROOF OF SERVICE MAILING LIST
2
3 Amco Insurance Company vs. Blue Diamond Pools, Inc. and Mehan
Case No. 21CV02089
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5 Attorney for Plaintiff: AMCO INSURANCE COMPANY
Paul Asterlin, Esq.
6 Law Office of Scheinder & Holtz
2251 Harvard Street, Suite 100
7 Sacramento, CA 95815
Email: Asterp1@nationwide.com; andrm7@nationwide.com
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Attorney for Co-Defendant: BLUE DIAMOND POOLS, INC.
9 Jessica B. Coffield, Esq.
Wolfe & Wyman LLP
10 980 - 9th Street, Suite 1750
Sacramento, CA 95814
11 Email: jbcoffield@ww.law; VaArroyo@ww.law
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ANSWER TO COMPLAINT
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1 LAW OFFICES OF MELANIE D. JOHNSON 10877 White Rock Road, Suite 310 2 Rancho Cordova, CA 95670-6029 6/1/2022 Email Address: tbel6@allstate.com 3 Electronic Service Address: SacramentoLegal@allstate.com Telephone: (916) 859-8780 4 By: TINA ANN BELL State Bar No. 186019 5 Our File No. N210390153.1 6 Attorneys for Defendants: DANIEL C. MEHAN, TARYN MEHAN & DOE TRUSTEE OF THE MEHAN FAMILY 7 TRUST DATED SEPTEMBER 18, 2018 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 9 10 AMCO INSURANCE COMPANY, CASE NO. 21CV02089 11 Plaintiff, ANSWER TO COMPLAINT 12 vs. 13 BLUE DIAMOND POOLS, INC., DANIEL C. MEHAN, TARYN 14 MEHAN, DOE TRUSTEE OF THE MEHAN FAMILY TRUST DATED 15 SEPTEMBER 18, 2018 and DOES 1 to 25 16 Defendants. 17 Defendants, DANIEL C. MEHAN, TARYN MEHAN & DOE TRUSTEE OF THE 18 MEHAN FAMILY TRUST DATED SEPTEMBER 18, 2018, admits, denies and/or alleges as 19 follows: 20 1. The Defendants, DANIEL C. MEHAN, TARYN MEHAN & DOE TRUSTEE 21 OF THE MEHAN FAMILY TRUST DATED SEPTEMBER 18, 2018, answering all the 22 paragraphs in the unverified Complaint herein and by virtue of the provisions of the California 23 Code of Civil Procedure Section 43l.30, now generally denies each and every allegation therein 24 contained and the whole thereof. 25 FIRST AFFIRMATIVE DEFENSE 26 2. That the cause of action stated in the Complaint herein is barred for failure to 27 comply with the Statute of Limitations, as contained in the California Code of Civil Procedure. 28 1 ANSWER TO COMPLAINT 1 SECOND AFFIRMATIVE DEFENSE 2 3. That the Complaint on file herein fails to state facts sufficient to constitute a cause 3 of action entitling Plaintiff to prejudgment interest. 4 THIRD AFFIRMATIVE DEFENSE 5 4. Each and every Plaintiff has failed to state facts sufficient to constitute a cause of 6 action against any answering party herein. 7 FOURTH AFFIRMATIVE DEFENSE 8 5. That the Complaint is barred by California Code of Civil Procedure Section 474 9 and case law interpreting said code. 10 FIFTH AFFIRMATIVE DEFENSE 11 6. That ifPlaintiff received any injuries, and/or damages, if any, as a result of the 12 incident complained of herein, then each and every Plaintiff aggravated and/or failed to take 13 proper action to mitigate and/or reduce said injuries if any, or damages, if any. 14 SIXTH AFFIRMATIVE DEFENSE 15 7. If it should be found that any answering party is in any manner legally responsible 16 for any injuries or damages sustained by any Plaintiff, which supposition is not admitted but 17 merely stated for the purpose of this defense, that any such injuries or damages found to have 18 been incurred or suffered by said Plaintiff in this action were proximately contributed to or by 19 other Defendants or Cross-Defendants in this case, whether served or not served and/or by other 20 persons or entities, including insureds or assureds of Plaintiff, whether made parties to this action 21 or not, be determined and prorated, and that any judgment that might be rendered against any 22 answering party herein be reduced not only by that degree of contributory negligence and/or 23 assumption of risk found to exist as to any Plaintiff, but also as to the total of that degree of 24 negligence and/or fault found to exist as to said other persons or entities. 25 /// 26 /// 27 /// 28 /// 2 ANSWER TO COMPLAINT 1 SEVENTH AFFIRMATIVE DEFENSE 2 8. Defendants allege that the losses and damages allegedly sustained by Plaintiffs, if 3 any, were proximately caused by intervening and superseding acts of others, which intervening 4 and superseding acts bar and/or diminish Plaintiffs' recovery, if any, against these answering 5 Defendants. 6 EIGHTH AFFIRMATIVE DEFENSE 7 9. Defendants allege that Plaintiffs' damages, if any, were proximately caused by the 8 negligent, reckless, or intentional acts of third parties as to whom these answering Defendants 9 had neither the right, the duty, nor the opportunity to exercise control over, and who acted 10 without the knowledge, participation, approval, or ratification of these answering Defendants. 11 Therefore, any damages awards to Plaintiffs, if any, shall be diminished in proportion to the 12 amount attributed to said third parties. 13 NINTH AFFIRMATIVE DEFENSE 14 10. Defendants allege that the agency or instrumentality causing the incident was not 15 within these answering Defendants' exclusive management or control. 16 WHEREFORE, Defendants pray that Plaintiff take nothing by reason of the Complaint 17 and that Defendants be given judgment for costs of suit incurred herein and for such other and 18 further relief as the Court may deem just and proper. 19 DATED: June 1, 2022 LAW OFFICES OF MELANIE D. JOHNSON 20 21 22 By: TINA ANN BELL 23 Attorney for Defendants DANIEL C. MEHAN, TARYN MEHAN 24 & DOE TRUSTEE OF THE MEHAN FAMILY TRUST DATED SEPTEMBER 25 18, 2018 26 27 28 3 ANSWER TO COMPLAINT 1 PROOF OF SERVICE 2 I am employed in the County of Sacramento, State of California, am a resident of the 3 County of Placer, State of California, am over the age of 18 years, and not a party to the within 4 action. My business address is 10877 White Rock Road, Suite 310, Rancho Cordova, California 5 95670-6029. 6 On June 1, 2022, following ordinary business practice, I served the within ANSWER 7 TO COMPLAINT on the party or parties named on the attached service list,by serving the 8 original or a true and correct copy addressed as follows via the method indicated below: 9 ( ) BY U.S. MAIL: I caused such envelope(s), sealed and with postage fully prepaid, to be placed in the U.S. Mail at [Click Here to Enter 10 City of Mailing], California ( ) BY FACSIMILE: I caused such document to be sent via facsimile to each person 11 on the attached mailing list. No error was reported by the fax machine that I used. A copy of the record of the fax 12 transmission is available for review upon request. 13 ( ) BY ELECTRONIC MAIL: I caused such document to be sent via electronic mail to each person so noted with an email address as required by CCP. 14 ( ) BY OVERNIGHT I caused the documents to be enclosed in an envelope provided 15 DELIVERY by an overnight delivery carrier and addressed to the persons at the addresses listed below. I caused the envelope or package to 16 be placed for collection by the overnight delivery carrier. 17 ( ) BY MESSENGER I caused the documents to be served by placing them in an 18 SERVICE envelope addressed to the persons at the addresses listed below and providing them to a professional messenger service for 19 delivery. Proof of delivery by the messenger is available for review upon request. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing 21 Proof of Service is true and correct, and that this declaration was executed on June 1, 2022, at 22 Auburn, California. 23 24 25 26 By: Kristan Henry 27 28 4 ANSWER TO COMPLAINT 1 PROOF OF SERVICE MAILING LIST 2 3 Amco Insurance Company vs. Blue Diamond Pools, Inc. and Mehan Case No. 21CV02089 4 5 Attorney for Plaintiff: AMCO INSURANCE COMPANY Paul Asterlin, Esq. 6 Law Office of Scheinder & Holtz 2251 Harvard Street, Suite 100 7 Sacramento, CA 95815 Email: Asterp1@nationwide.com; andrm7@nationwide.com 8 Attorney for Co-Defendant: BLUE DIAMOND POOLS, INC. 9 Jessica B. Coffield, Esq. Wolfe & Wyman LLP 10 980 - 9th Street, Suite 1750 Sacramento, CA 95814 11 Email: jbcoffield@ww.law; VaArroyo@ww.law 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 ANSWER TO COMPLAINT