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1 JEFFREY S. LYONS, STATE BAR NO. 227277
CLEMENT, FITZPATRICK & KENWORTHY
2 3333 Mendocino Avenue, Suite 200
Santa Rosa, CA 95403
3 Telephone: (707) 523-1181 Facsimile: (707) 546-1360
jlyons@cfk.com
4
Attorneys for Defendants Eugene Piazza
5 and Victoria Williams
6
7
SUPERIOR COURT OF CALIFORNIA
8
COUNTY OF SONOMA
9
10
OLIVIA PIAZZA, Case No.: SCV 270969
11
Plaintiff,
12 ANSWER TO COMPLAINT (GENERAL
vs. DENIAL)
13
EUGENE PIAZZA, and ALL PERSONS
14 UNKNOWN CLAIMING ANY LEGAL OR
EQUITABLE RIGHT, TITLE, ESTATE, LIEN, (Unlimited Civil)
15 OR INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT JUDGE: Hon. Bradford DeMeo
16 ADVERSE TO PLAINTIFF’S TITLE
THERETO and DOES 1 through 50, inclusive,
17
Defendants.
18
19
20
21
22 Victoria Williams (“Defendant”) answers and responds to the complaint of Olivia Piazza
23 (“Plaintiff”) pursuant to Cal Code Civ Proc §§ 410.10 and 410.50(a) and Bayle-Lacoste & Co. v.
24 Superior Court (1941) 46 Cal. App. 2d 636, 644 (“A party may appear though he is not named in the
25 complaint.”). Plaintiff named as defendants all persons unknown who claim any interest in the
26 property described in the complaint. Even though Defendant’s claimed one-third interest is well known
27 by Plaintiff, she was not named in the complaint. Defendant answers the complaint as follows:
28
1
ANSWER TO COMPLAINT (GENERAL DENIAL)
1 GENERAL DENIAL
2 Pursuant to Section 431.30(d) of the California Code of Civil Procedure, Defendant denies
3 generally and specifically each and every allegation of the complaint and the whole thereof. Defendant
4 further denies that Plaintiff has been damaged in any sum, or at all, or is entitled the relief she claims
5 against or affecting this answering Defendant.
6 Defendant asserts the following affirmative defenses:
7 FIRST AFFIRMATIVE DEFENSE
8 (Estoppel)
9 As and for a first, separate, and distinct affirmative defense to the complaint herein, and each
10 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and
11 each cause of action thereof, is barred by the doctrine of estoppel.
12 SECOND AFFIRMATIVE DEFENSE
13 (Waiver)
14 As and for a second, separate, and distinct affirmative defense to the complaint herein, and each
15 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and
16 each cause of action thereof, is barred by the doctrine of waiver.
17 THIRD AFFIRMATIVE DEFENSE
18 (Laches)
19 As and for a third, separate, and distinct affirmative defense to the complaint herein, and each
20 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and
21 each cause of action thereof, is barred by the doctrine of laches.
22 FOURTH AFFIRMATIVE DEFENSE
23 (Unclean Hands)
24 As and for a fourth, separate, and distinct affirmative defense to the complaint herein, and each
25 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and
26 each cause of action thereof, is barred by the doctrine of unclean hands.
27 /////
28
2
ANSWER TO COMPLAINT (GENERAL DENIAL)
1 FIFTH AFFIRMATIVE DEFENSE
2 (Ratification)
3 As and for a fifth, separate, and distinct affirmative defense to the complaint herein and each
4 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and
5 each cause of action thereof, is barred by Plaintiff’s, or her agent's, approval or ratification of the
6 actions complained of therein.
7 SIXTH AFFIRMATIVE DEFENSE
8 (Reservation of Unknown Affirmative Defenses)
9 Defendant presently has insufficient knowledge or information on which to form a belief that
10 she may have additional, but as yet unstated, affirmative defenses available; accordingly, Defendant
11 reserves the right to assert additional defenses in the event discovery indicates that the same would be
12 appropriate.
13 WHEREFORE, this answering Defendant prays for judgment as follows:
14 1. That the court order a partition of the Subject Property by sale according to the
15 applicable sections of the Code of Civil Procedure;
16 2. That the court order the proceeds of the sale to be distributed according to
17 Section 873.820 of the Code of Civil Procedure in the priority set forth therein;
18 3. A judgment that Plaintiff’s claimed attorneys’ fees were not incurred for the
19 benefit of all of the owners;
20 4. For costs of suit incurred herein; and
21 5. For such other and further relief as the court may consider proper.
22 DATED: July 8, 2022 CLEMENT, FITZPATRICK & KENWORTHY
23 By: /S/Jeffrey S. Lyons
JEFFREY S. LYONS
24
Attorneys for Defendant Victoria Williams
25
26
27
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3
ANSWER TO COMPLAINT (GENERAL DENIAL)
1 PROOF OF SERVICE
2 I am a citizen of the United States. My business address is 3333 Mendocino Avenue, Suite
3 200, Santa Rosa, California 95403. I am employed in the county of Sonoma where this service
occurs. I am over the age of 18 years and not a party to the within cause.
4
On July 8, 2022, I served the attached document described as: ANSWER TO
5 COMPLAINT (GENERAL DENIAL)
6
BY MAIL: I am readily familiar with my employer’s normal business practice
7 of collection and processing of correspondence for mailing. Under that practice,
correspondence is deposited with the U.S. Postal Service that same day in a
8 sealed envelope(s) with postage thereon fully prepaid at Santa Rosa, California,
in the ordinary course of business.
9
BY ELECTRONIC SERVICE: Pursuant to Code of Civil Procedure section
10 1010.6(e), I caused such documents to be served by an electronic filing service
and/or email on this date to all parties listed below at the email address(es) listed
11 below. My eService address is lholmberg@cfk.com.
BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered on
12 the same day to an authorized courier or driver or to a regular box or other facility
regularly maintained by FEDERAL EXPRESS with delivery fees provided for,
13 addressed to the person(s) on whom it is to be served.
14 BY PERSONAL SERVICE: I caused said document(s) to be delivered by hand
to the addressee(s) noted below.
15
16 on the interested party(ies) in this action addressed as follows:
17 Michael J. Fish
MERRILL, ARNONE & JONES, LLP
18 3554 Round Barn Blvd., Suite 303
Santa Rosa, CA 95403
19 mfish@majlaw.com
krizzato@majlaw.com
20
STATE: I declare under penalty of perjury under the laws of the State of
21 California that the above is true and correct.
22
Executed on July 8, 2022, at Santa Rosa, California.
23
24 _________________________________
LISA HOLMBERG
25
26
27
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1
PROOF OF SERVICE
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1 JEFFREY S. LYONS, STATE BAR NO. 227277 CLEMENT, FITZPATRICK & KENWORTHY 2 3333 Mendocino Avenue, Suite 200 Santa Rosa, CA 95403 3 Telephone: (707) 523-1181 Facsimile: (707) 546-1360 jlyons@cfk.com 4 Attorneys for Defendants Eugene Piazza 5 and Victoria Williams 6 7 SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF SONOMA 9 10 OLIVIA PIAZZA, Case No.: SCV 270969 11 Plaintiff, 12 ANSWER TO COMPLAINT (GENERAL vs. DENIAL) 13 EUGENE PIAZZA, and ALL PERSONS 14 UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, (Unlimited Civil) 15 OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT JUDGE: Hon. Bradford DeMeo 16 ADVERSE TO PLAINTIFF’S TITLE THERETO and DOES 1 through 50, inclusive, 17 Defendants. 18 19 20 21 22 Victoria Williams (“Defendant”) answers and responds to the complaint of Olivia Piazza 23 (“Plaintiff”) pursuant to Cal Code Civ Proc §§ 410.10 and 410.50(a) and Bayle-Lacoste & Co. v. 24 Superior Court (1941) 46 Cal. App. 2d 636, 644 (“A party may appear though he is not named in the 25 complaint.”). Plaintiff named as defendants all persons unknown who claim any interest in the 26 property described in the complaint. Even though Defendant’s claimed one-third interest is well known 27 by Plaintiff, she was not named in the complaint. Defendant answers the complaint as follows: 28 1 ANSWER TO COMPLAINT (GENERAL DENIAL) 1 GENERAL DENIAL 2 Pursuant to Section 431.30(d) of the California Code of Civil Procedure, Defendant denies 3 generally and specifically each and every allegation of the complaint and the whole thereof. Defendant 4 further denies that Plaintiff has been damaged in any sum, or at all, or is entitled the relief she claims 5 against or affecting this answering Defendant. 6 Defendant asserts the following affirmative defenses: 7 FIRST AFFIRMATIVE DEFENSE 8 (Estoppel) 9 As and for a first, separate, and distinct affirmative defense to the complaint herein, and each 10 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and 11 each cause of action thereof, is barred by the doctrine of estoppel. 12 SECOND AFFIRMATIVE DEFENSE 13 (Waiver) 14 As and for a second, separate, and distinct affirmative defense to the complaint herein, and each 15 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and 16 each cause of action thereof, is barred by the doctrine of waiver. 17 THIRD AFFIRMATIVE DEFENSE 18 (Laches) 19 As and for a third, separate, and distinct affirmative defense to the complaint herein, and each 20 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and 21 each cause of action thereof, is barred by the doctrine of laches. 22 FOURTH AFFIRMATIVE DEFENSE 23 (Unclean Hands) 24 As and for a fourth, separate, and distinct affirmative defense to the complaint herein, and each 25 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and 26 each cause of action thereof, is barred by the doctrine of unclean hands. 27 ///// 28 2 ANSWER TO COMPLAINT (GENERAL DENIAL) 1 FIFTH AFFIRMATIVE DEFENSE 2 (Ratification) 3 As and for a fifth, separate, and distinct affirmative defense to the complaint herein and each 4 cause of action thereof, Defendant is informed and believes and thereon alleges that the complaint, and 5 each cause of action thereof, is barred by Plaintiff’s, or her agent's, approval or ratification of the 6 actions complained of therein. 7 SIXTH AFFIRMATIVE DEFENSE 8 (Reservation of Unknown Affirmative Defenses) 9 Defendant presently has insufficient knowledge or information on which to form a belief that 10 she may have additional, but as yet unstated, affirmative defenses available; accordingly, Defendant 11 reserves the right to assert additional defenses in the event discovery indicates that the same would be 12 appropriate. 13 WHEREFORE, this answering Defendant prays for judgment as follows: 14 1. That the court order a partition of the Subject Property by sale according to the 15 applicable sections of the Code of Civil Procedure; 16 2. That the court order the proceeds of the sale to be distributed according to 17 Section 873.820 of the Code of Civil Procedure in the priority set forth therein; 18 3. A judgment that Plaintiff’s claimed attorneys’ fees were not incurred for the 19 benefit of all of the owners; 20 4. For costs of suit incurred herein; and 21 5. For such other and further relief as the court may consider proper. 22 DATED: July 8, 2022 CLEMENT, FITZPATRICK & KENWORTHY 23 By: /S/Jeffrey S. Lyons JEFFREY S. LYONS 24 Attorneys for Defendant Victoria Williams 25 26 27 28 3 ANSWER TO COMPLAINT (GENERAL DENIAL) 1 PROOF OF SERVICE 2 I am a citizen of the United States. My business address is 3333 Mendocino Avenue, Suite 3 200, Santa Rosa, California 95403. I am employed in the county of Sonoma where this service occurs. I am over the age of 18 years and not a party to the within cause. 4 On July 8, 2022, I served the attached document described as: ANSWER TO 5 COMPLAINT (GENERAL DENIAL) 6 BY MAIL: I am readily familiar with my employer’s normal business practice 7 of collection and processing of correspondence for mailing. Under that practice, correspondence is deposited with the U.S. Postal Service that same day in a 8 sealed envelope(s) with postage thereon fully prepaid at Santa Rosa, California, in the ordinary course of business. 9 BY ELECTRONIC SERVICE: Pursuant to Code of Civil Procedure section 10 1010.6(e), I caused such documents to be served by an electronic filing service and/or email on this date to all parties listed below at the email address(es) listed 11 below. My eService address is lholmberg@cfk.com. BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered on 12 the same day to an authorized courier or driver or to a regular box or other facility regularly maintained by FEDERAL EXPRESS with delivery fees provided for, 13 addressed to the person(s) on whom it is to be served. 14 BY PERSONAL SERVICE: I caused said document(s) to be delivered by hand to the addressee(s) noted below. 15 16 on the interested party(ies) in this action addressed as follows: 17 Michael J. Fish MERRILL, ARNONE & JONES, LLP 18 3554 Round Barn Blvd., Suite 303 Santa Rosa, CA 95403 19 mfish@majlaw.com krizzato@majlaw.com 20 STATE: I declare under penalty of perjury under the laws of the State of 21 California that the above is true and correct. 22 Executed on July 8, 2022, at Santa Rosa, California. 23 24 _________________________________ LISA HOLMBERG 25 26 27 28 1 PROOF OF SERVICE