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E. Forrest Shryock, Jr. [SBN 121929]
1 Leeh A. DiBello [SBN 214349]
VOGL MEREDITH BURKE LLP
2 456 Montgomery Street, 20th Floor
San Francisco, California 94104
3 Telephone: (415) 398-0200
Facsimile: (415) 398-2820
4 Email: fshryock@vmbllp.com
ldibello@vmbllp.com
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Attorneys for Defendant
6 DRUG ABUSE ALTERNATIVES TREATMENT CENTER
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN THE COUNTY OF SONOMA
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THOMAS BERG, Case No. SCV-266395
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Plaintiff,
13 DEFENDANT DRUG ABUSE
vs. ALTERNATIVES TREATMENT
14 CENTER’S ANSWER TO UNVERIFIED
LORATO MAMIKI OKON; DRUG ABUSE COMPLAINT
15 ALTERNATIVES CENTER; DOES 1-20,
16 Defendants. Complaint Filed: May 01, 2020
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18 Defendant DRUG ABUSE ALTERNATIVES TREATMENT CENTER (hereinafter
19 “Defendant”) in answer to the allegations contained in the unverified complaint of Plaintiff THOMAS
20 BERG (hereinafter "Plaintiff") on file herein, deny each and every allegation of said causes of action, and in
21 this connection, Defendant denies that Plaintiff has been injured or damaged in any of the sums mentioned
22 in the complaint or in any other amount by reason of any act or omission of this Defendant.
23 Defendant alleges affirmative defenses as follows:
24 FIRST AFFIRMATIVE DEFENSE
25 AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
26 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause
27 of action therein contained, this answering defendant is informed and believes and thereon allege that at the
28 time and place of the incident in question, plaintiff was, himself, guilty of fault, carelessness and negligence
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DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT
1 in and about the matters and things set forth in plaintiff’s Complaint; that said fault, carelessness and
2 negligence on plaintiff’s own part caused and contributed to the happening of the incident in question, and
3 the resultant alleged injuries and damage to plaintiff if any, and that by reason of the doctrine of
4 comparative negligence, plaintiff is barred from recovery, in whole and/or in part, of such portion of said
5 damages, if any, as resulted from the aforementioned conduct.
6 SECOND AFFIRMATIVE DEFENSE
7 AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
8 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause
9 of action therein contained, this answering defendant alleges that plaintiff’s Complaint fails to state facts
10 sufficient to constitute a cause of action against this answering defendant.
11 THIRD AFFIRMATIVE DEFENSE
12 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
13 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause
14 of action therein contained, this answering defendant is informed and believes and thereon allege that
15 plaintiff, with the exercise of reasonable diligence and effort, would have mitigated the damages alleged in
16 the Complaint; that the resulting damages, if any, were directly and substantially caused by the failure,
17 neglect and refusal of the plaintiff to exercise reasonable diligence and effort to mitigate the damages
18 alleged.
19 FOURTH AFFIRMATIVE DEFENSE
20 AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
21 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause
22 of action therein contained, this answering defendant alleges that at the time and place referred to in
23 plaintiff’s Complaint, plaintiff voluntarily assumed the risk of injury and damage to plaintiff and, and that
24 any injury or damage suffered by said plaintiff at said time and place was voluntarily assumed by plaintiff.
25 FIFTH AFFIRMATIVE DEFENSE
26 AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
27 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause
28 of action therein contained, this answering defendant alleges that said injuries sustained by plaintiff were
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DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT
1 either wholly, or in part, negligently caused by persons, firms, corporations or entities other than this
2 answering defendant, and said negligence comparatively reduces the percentage of negligence, if any, by this
3 answering defendant.
4 SIXTH AFFIRMATIVE DEFENSE
5 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
6 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause
7 of action therein contained, this answering defendant alleges that should plaintiff recover non-economic
8 damages against any defendant, the liability for non-economic damages is limited to the degree of fault and
9 several liabilityof said defendant pursuant to Civil Code section 1431.2 and a separate, several judgment
10 shall be rendered against said defendant based upon said defendant’s degree of fault and several liability.
11 SEVENTH AFFIRMATIVE DEFENSE
12 AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
13 DEFENDANT ALLEGES, any and all injuries, if any, and damages, if any, sustained or suffered by
14 plaintiff, were substantially caused and contributed to by the superseding, intervening acts or omissions of
15 person other than this defendant in that said persons, and each of them, were careless and negligent
16 concerning the matters alleged in the Complaint with the result that the damages, if any, recoverable by
17 plaintiff herein must be diminished in proportion to the fault attributable to such other persons.
18 EIGHTH AFFIRMATIVE DEFENSE
19 AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
20 DEFENDANT ALLEGES, that immediately prior to the occurrence of the incident referred to in the
21 Complaint herein, plaintiff failed to use and exercise caution for his own protection, and safety in that
22 among other things they freely and voluntarily placed himself in a position so as to be exposed to a
23 likelihood of injury and that at the time and place of said accident, plaintiff was fully aware of the dangers
24 thereto and continued to freely and voluntarily exposed himself to the same, and thereby assumed the risk
25 thereof, and in having assumed the risk, is therefore barred by the assumption of the risk for any recovery
26 herein or the applicable abatement of such recovery, if any, herein.
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DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT
1 NINTH AFFIRMATIVE DEFENSE
2 AS AND FOR A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
3 DEFENDANTS ALLEGE, this answering defendant assert that no act or omission of this answering
4 defendant was a substantial factor in bringing about any damages alleged by plaintiff, nor was any act or
5 omission a contributing cause thereof.
6 TENTH AFFIRMATIVE DEFENSE
7 AS AND FOR A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
8 DEFENDANT ALLEGES, that the matters alleged in the Complaint were caused by the sole negligence of
9 plaintiff and/or others.
10 ELEVENTH AFFIRMATIVE DEFENSE
11 AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
12 DEFENDANT ALLEGES, that the Complaint and each and every cause of action thereof is barred by
13 reason of the provisions of the applicable statute of limitations.
14 TWELFTH AFFIRMATIVE DEFENSE
15 AS AND FOR A TWELFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
16 DEFENDANT ALLEGES, that defendant is informed and believes that the Complaint and each cause of
17 action thereof is barred by the doctrines of laches, unclean hands, waiver and estoppel.
18 THIRTEENTH AFFIRMATIVE DEFENSE
19 AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
20 DEFENDANT ALLEGES, this answering defendant presently has insufficient knowledge or information
21 upon which to form a belief as to whether it may have additional, as yet unstated, affirmative defenses. This
22 answering defendant reserves the right to answer additional affirmative defenses in the event discovery
23 indicates it would be appropriate.
24 WHEREFORE, this answering Defendant prays for judgment as follows:
25 1. That Plaintiff takes nothing by the complaint and that these answering Defendants be
26 dismissed therefrom;
27 2. For costs of suit incurred herein; and
28 3. For all such other and further relief as the court may deem just and proper.
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DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT
1 DEMAND FOR JURY TRIAL
2 Defendant hereby demands a trial by jury with respect to all claims asserted against it in the
3 complaint.
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5 Dated: June 21, 2022 VOGL MEREDITH BURKE LLP
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By: ______________________________________
7 E. Forrest Shryock, Jr.
Leeh A. DiBello
8 Attorney for Defendant
DRUG ABUSE ALTERNATIVES CENTER
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DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT
1 Thomas Berg vs. Lorato Okon, et al.
Sonoma County Superior Court Case No. SCV266395
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3 PROOF OF SERVICE
4 I, Alice Lei, declare as follows:
5 I am a citizen of the United States, I am over the age of eighteen (18) years and am not a party to
6 this action. I am employed in the City and County of San Francisco, State of California, and my business
7 address is 456 Montgomery Street, 20th Floor, San Francisco, California, 94104.
8 On June 21, 2022, I served or caused the within: DEFENDANT DRUG ABUSE ALTERNATIVES
9 TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT on the attorney(s) of record in this action
10 as follows:
11 X by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid, and deposited the same for collection and mailing at Rancho Santa Margarita,
12 California, following ordinary business practices, addressed as set forth below.
13 ______ by having a true copy thereof caused to be served via electronic service to the person(s) at
the address(es) as set forth below.
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15 Plaintiff [Pro Per]:
Thomas Berg
16 199 Shelley Lane, #A
Quincy, California 95971
17 Telephone No: (415) 250-8861
Email:
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I am readily familiar with this law firm’s practice for the collection and processing of documents for
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mailing, Federal Express overnight mail, and facsimile transaction and said document(s) are deposited with
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the United States Postal Service or Federal Express depository on the same day in the ordinary course of
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business.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true
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and correct and that this declaration was executed on June 21, 2022, in Rancho Santa Margarita, California.
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26 ________________________________
Alice Lei
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PROOF OF SERVICE
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E. Forrest Shryock, Jr. [SBN 121929] 1 Leeh A. DiBello [SBN 214349] VOGL MEREDITH BURKE LLP 2 456 Montgomery Street, 20th Floor San Francisco, California 94104 3 Telephone: (415) 398-0200 Facsimile: (415) 398-2820 4 Email: fshryock@vmbllp.com ldibello@vmbllp.com 5 Attorneys for Defendant 6 DRUG ABUSE ALTERNATIVES TREATMENT CENTER 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN THE COUNTY OF SONOMA 10 11 THOMAS BERG, Case No. SCV-266395 12 Plaintiff, 13 DEFENDANT DRUG ABUSE vs. ALTERNATIVES TREATMENT 14 CENTER’S ANSWER TO UNVERIFIED LORATO MAMIKI OKON; DRUG ABUSE COMPLAINT 15 ALTERNATIVES CENTER; DOES 1-20, 16 Defendants. Complaint Filed: May 01, 2020 17 18 Defendant DRUG ABUSE ALTERNATIVES TREATMENT CENTER (hereinafter 19 “Defendant”) in answer to the allegations contained in the unverified complaint of Plaintiff THOMAS 20 BERG (hereinafter "Plaintiff") on file herein, deny each and every allegation of said causes of action, and in 21 this connection, Defendant denies that Plaintiff has been injured or damaged in any of the sums mentioned 22 in the complaint or in any other amount by reason of any act or omission of this Defendant. 23 Defendant alleges affirmative defenses as follows: 24 FIRST AFFIRMATIVE DEFENSE 25 AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 26 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause 27 of action therein contained, this answering defendant is informed and believes and thereon allege that at the 28 time and place of the incident in question, plaintiff was, himself, guilty of fault, carelessness and negligence Page | 1 DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT 1 in and about the matters and things set forth in plaintiff’s Complaint; that said fault, carelessness and 2 negligence on plaintiff’s own part caused and contributed to the happening of the incident in question, and 3 the resultant alleged injuries and damage to plaintiff if any, and that by reason of the doctrine of 4 comparative negligence, plaintiff is barred from recovery, in whole and/or in part, of such portion of said 5 damages, if any, as resulted from the aforementioned conduct. 6 SECOND AFFIRMATIVE DEFENSE 7 AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 8 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause 9 of action therein contained, this answering defendant alleges that plaintiff’s Complaint fails to state facts 10 sufficient to constitute a cause of action against this answering defendant. 11 THIRD AFFIRMATIVE DEFENSE 12 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 13 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause 14 of action therein contained, this answering defendant is informed and believes and thereon allege that 15 plaintiff, with the exercise of reasonable diligence and effort, would have mitigated the damages alleged in 16 the Complaint; that the resulting damages, if any, were directly and substantially caused by the failure, 17 neglect and refusal of the plaintiff to exercise reasonable diligence and effort to mitigate the damages 18 alleged. 19 FOURTH AFFIRMATIVE DEFENSE 20 AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 21 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause 22 of action therein contained, this answering defendant alleges that at the time and place referred to in 23 plaintiff’s Complaint, plaintiff voluntarily assumed the risk of injury and damage to plaintiff and, and that 24 any injury or damage suffered by said plaintiff at said time and place was voluntarily assumed by plaintiff. 25 FIFTH AFFIRMATIVE DEFENSE 26 AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 27 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause 28 of action therein contained, this answering defendant alleges that said injuries sustained by plaintiff were Page | 2 DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT 1 either wholly, or in part, negligently caused by persons, firms, corporations or entities other than this 2 answering defendant, and said negligence comparatively reduces the percentage of negligence, if any, by this 3 answering defendant. 4 SIXTH AFFIRMATIVE DEFENSE 5 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 6 DEFENDANT ALLEGES, and answers to plaintiff’s Complaint on file herein, and each and every cause 7 of action therein contained, this answering defendant alleges that should plaintiff recover non-economic 8 damages against any defendant, the liability for non-economic damages is limited to the degree of fault and 9 several liabilityof said defendant pursuant to Civil Code section 1431.2 and a separate, several judgment 10 shall be rendered against said defendant based upon said defendant’s degree of fault and several liability. 11 SEVENTH AFFIRMATIVE DEFENSE 12 AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 13 DEFENDANT ALLEGES, any and all injuries, if any, and damages, if any, sustained or suffered by 14 plaintiff, were substantially caused and contributed to by the superseding, intervening acts or omissions of 15 person other than this defendant in that said persons, and each of them, were careless and negligent 16 concerning the matters alleged in the Complaint with the result that the damages, if any, recoverable by 17 plaintiff herein must be diminished in proportion to the fault attributable to such other persons. 18 EIGHTH AFFIRMATIVE DEFENSE 19 AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 20 DEFENDANT ALLEGES, that immediately prior to the occurrence of the incident referred to in the 21 Complaint herein, plaintiff failed to use and exercise caution for his own protection, and safety in that 22 among other things they freely and voluntarily placed himself in a position so as to be exposed to a 23 likelihood of injury and that at the time and place of said accident, plaintiff was fully aware of the dangers 24 thereto and continued to freely and voluntarily exposed himself to the same, and thereby assumed the risk 25 thereof, and in having assumed the risk, is therefore barred by the assumption of the risk for any recovery 26 herein or the applicable abatement of such recovery, if any, herein. 27 /// 28 /// Page | 3 DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT 1 NINTH AFFIRMATIVE DEFENSE 2 AS AND FOR A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 3 DEFENDANTS ALLEGE, this answering defendant assert that no act or omission of this answering 4 defendant was a substantial factor in bringing about any damages alleged by plaintiff, nor was any act or 5 omission a contributing cause thereof. 6 TENTH AFFIRMATIVE DEFENSE 7 AS AND FOR A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 8 DEFENDANT ALLEGES, that the matters alleged in the Complaint were caused by the sole negligence of 9 plaintiff and/or others. 10 ELEVENTH AFFIRMATIVE DEFENSE 11 AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 12 DEFENDANT ALLEGES, that the Complaint and each and every cause of action thereof is barred by 13 reason of the provisions of the applicable statute of limitations. 14 TWELFTH AFFIRMATIVE DEFENSE 15 AS AND FOR A TWELFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 16 DEFENDANT ALLEGES, that defendant is informed and believes that the Complaint and each cause of 17 action thereof is barred by the doctrines of laches, unclean hands, waiver and estoppel. 18 THIRTEENTH AFFIRMATIVE DEFENSE 19 AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, 20 DEFENDANT ALLEGES, this answering defendant presently has insufficient knowledge or information 21 upon which to form a belief as to whether it may have additional, as yet unstated, affirmative defenses. This 22 answering defendant reserves the right to answer additional affirmative defenses in the event discovery 23 indicates it would be appropriate. 24 WHEREFORE, this answering Defendant prays for judgment as follows: 25 1. That Plaintiff takes nothing by the complaint and that these answering Defendants be 26 dismissed therefrom; 27 2. For costs of suit incurred herein; and 28 3. For all such other and further relief as the court may deem just and proper. Page | 4 DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT 1 DEMAND FOR JURY TRIAL 2 Defendant hereby demands a trial by jury with respect to all claims asserted against it in the 3 complaint. 4 5 Dated: June 21, 2022 VOGL MEREDITH BURKE LLP 6 By: ______________________________________ 7 E. Forrest Shryock, Jr. Leeh A. DiBello 8 Attorney for Defendant DRUG ABUSE ALTERNATIVES CENTER 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page | 5 DEFENDANT DRUG ABUSE ALTERNATIVES TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT 1 Thomas Berg vs. Lorato Okon, et al. Sonoma County Superior Court Case No. SCV266395 2 3 PROOF OF SERVICE 4 I, Alice Lei, declare as follows: 5 I am a citizen of the United States, I am over the age of eighteen (18) years and am not a party to 6 this action. I am employed in the City and County of San Francisco, State of California, and my business 7 address is 456 Montgomery Street, 20th Floor, San Francisco, California, 94104. 8 On June 21, 2022, I served or caused the within: DEFENDANT DRUG ABUSE ALTERNATIVES 9 TREATMENT CENTER’S ANSWER TO UNVERIFIED COMPLAINT on the attorney(s) of record in this action 10 as follows: 11 X by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, and deposited the same for collection and mailing at Rancho Santa Margarita, 12 California, following ordinary business practices, addressed as set forth below. 13 ______ by having a true copy thereof caused to be served via electronic service to the person(s) at the address(es) as set forth below. 14 15 Plaintiff [Pro Per]: Thomas Berg 16 199 Shelley Lane, #A Quincy, California 95971 17 Telephone No: (415) 250-8861 Email: 18 19 I am readily familiar with this law firm’s practice for the collection and processing of documents for 20 mailing, Federal Express overnight mail, and facsimile transaction and said document(s) are deposited with 21 the United States Postal Service or Federal Express depository on the same day in the ordinary course of 22 business. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 24 and correct and that this declaration was executed on June 21, 2022, in Rancho Santa Margarita, California. 25 26 ________________________________ Alice Lei 27 28 Page | 1 PROOF OF SERVICE