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1 HASSARD BONNINGTON LLP
James M. Goodman, Esq. (#65972) jmg@hassard.com
2 J. Julia Hansen-Arenas, Esq. (#225697) jjh@hassard.com
275 Battery Street, 16th Floor
San Francisco, California 94111 ELECTRONICALLY
3
Telephone: (415) 288-9800 FILED
Fax: (415) 288-9801 Superior Court of California,
4 County of San Francisco
5 Attorneys for Defendant 01/21/2021
ESTATE OF STEPHEN VAN PELT, M.D. Clerk of the Court
BY: VANESSA WU
6 (sued herein as DOE 25) Deputy Clerk
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN FRANCISCO
10
UNLIMITED JURISDICTION
11
ERICA SANDBERG, No. CGC-20-584686
12
Plaintiff, ANSWER TO COMPLAINT
13
vs.
14
DIGNITY HEALTH, INC.; ST. FRANCIS
15 MEMORIAL HOSPITAL; ST. FRANCIS
ORTHOPEDIC INSTITUTE; ST.
16 FRANCIS MEMORIAL HOSPITAL
CENTER FOR SPORTS MEDICINE;
17 STEPHEN VAN PELT, M.D.; VICTOR
PRIETO, M.D.,
18 Complaint Filed: June 2, 2020
Defendants. Trial Date: TBD
19
20
21 Defendant THE ESTATE OF STEPHEN VAN PELT, M.D. (sued herein as
22 DOE 25, as amended on November 13, 2020), in answer to plaintiff's complaint on
23 file herein, and each and every cause of action allegedly set forth therein, admits,
24 denies and alleges as follows:
25 Defendant THE ESTATE OF STEPHEN VAN PELT, M.D., admits that, at all
26 times mentioned in said complaint, Stephen Van Pelt, M.D. (deceased), was a duly
27 licensed physician engaged in the practice of medicine. Except as so admitted, this
28 defendant denies each and every allegation, both generally and specifically, and
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ANSWER TO COMPLAINT
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1 denies each and every cause of action allegedly set forth therein.
2 Further answering said complaint, and each and every cause of action
3 allegedly set forth therein, this defendant denies that Dr. Van Pelt was negligent
4 and/or careless in any respect whatsoever, as alleged therein, or at all, and denies
5 that by reason of these allegations, or otherwise, plaintiff has been damaged in any
6 sum or sums whatsoever, or at all.
7 AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE
8 DEFENSE to said complaint and each and every cause of action allegedly set forth
9 therein, this defendant alleges that plaintiff was negligent in and about the facts and
10 things set forth in said complaint and that said carelessness and negligence caused
11 or contributed to the injuries, if any, of which plaintiff complains.
12 AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE
13 DEFENSE to said complaint and each and every cause of action allegedly set forth
14 therein, this defendant alleges that the allegations set forth therein do not state facts
15 sufficient to constitute a cause of action against this defendant.
16 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE
17 DEFENSE to said complaint and each and every cause of action allegedly set forth
18 therein, this defendant alleges that the allegations set forth therein are barred by the
19 provisions of the applicable statutes of limitation, including but not limited to the
20 provisions of Sections 335.1, 340(a)-(e), 340.5, 364(a)-(f) and 474, including all
21 subdivisions, of the Code of Civil Procedure.
22 AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE
23 DEFENSE to said complaint, and each and every cause of action allegedly set forth
24 therein, this defendant alleges that the injuries and damages complained of by
25 plaintiff, if any there were, were wholly or in part directly caused by the negligence
26 and/or willful and intentional acts of persons or entities other than this defendant, and
27 said negligence is either imputed to plaintiff by reason of the relationship between
28 plaintiff and said person or entities, and/or comparatively reduces the proportion of
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ANSWER TO COMPLAINT
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1 alleged negligence and corresponding alleged liability of this defendant.
2 AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE
3 DEFENSE to said complaint, and each and every cause of action allegedly set forth
4 therein, this defendant states that in the event he is found to be negligent (which
5 supposition is denied and merely stated for the purpose of this affirmative defense),
6 this defendant may elect to introduce evidence of any amount paid or payable, if any,
7 as a benefit to plaintiff pursuant to Civil Code §3333.1.
8 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE
9 DEFENSE to said complaint, and each and every cause of action allegedly set forth
10 therein, this defendant states that in the event he is found to be negligent (which
11 supposition is denied and merely stated for the purpose of this affirmative defense),
12 the damages for non-economic losses, if any, shall not exceed the amount specified
13 in Civil Code §3333.2.
14 AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE
15 DEFENSE to said complaint, and each and every cause of action allegedly set forth
16 therein, this defendant states that in the event he is found to be negligent (which
17 supposition is denied and merely stated for the purpose of this affirmative defense),
18 this defendant may elect to have future damages, if any, in excess of the amount
19 specified in Code of Civil Procedure §667.7, paid in whole or in part, as specified in
20 Code of Civil Procedure §667.7.
21 AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE
22 DEFENSE to said complaint, and each and every cause of action allegedly set forth
23 therein, this defendant alleges that he is entitled to the benefits, defenses, rights,
24 immunities and provisions set forth and contained in Business & Professions Code
25 §6146 and Code of Civil Procedure §§364 and 365.
26 AS AND FOR A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE
27 DEFENSE to said complaint, and each and every cause of action allegedly set forth
28 therein, this defendant alleges that he, acting in good faith at the times mentioned in
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ANSWER TO COMPLAINT
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1 said complaint, rendered emergency care to the plaintiff, at the scene of the
2 emergency, as defined by Business & Professions Code §2395.
3 AS AND FOR A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE
4 DEFENSE to said complaint, and each and every cause of action allegedly set forth
5 therein, this defendant alleges that plaintiff's injuries were the result of plaintiff's
6 employer and that said negligence is a bar to the recovery by plaintiff's employer of
7 any of the sums which it has been obligated to pay or will be obligated to pay in
8 workmen's compensation benefits, maintenance, cure, or similar benefits to plaintiff
9 and that defendant is entitled to a credit against any judgment that may be rendered
10 against him in favor of the plaintiff in said amount.
11 AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE
12 DEFENSE to said complaint and each and every cause of action allegedly set forth
13 therein, this defendant alleges that plaintiff was informed and otherwise had reason to
14 know of the risks and hazards in connection with the matters referred to in the
15 complaint and that plaintiff assumed the risk of said risks and hazards at the time and
16 place referred to therein.
17 AS AND FOR A TWELFTH, SEPARATE AND DISTINCT AFFIRMATIVE
18 DEFENSE to said complaint, and each and every cause of action allegedly set forth
19 therein, this defendant alleges that upon information and belief he is of the opinion
20 that a certain sum has been or will be paid to plaintiff as compensation for the same
21 damages he seeks against this defendant and, therefore, said defendant is entitled to
22 a set-off in said amount against any judgment or recovery plaintiff may recover
23 against defendant.
24 AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE
25 DEFENSE to said complaint, and each and every cause of action allegedly set forth
26 therein, this defendant alleges on information and belief that plaintiff has failed to
27 minimize or mitigate damages, if any.
28 AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE
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ANSWER TO COMPLAINT
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1 DEFENSE to said complaint, and each and every cause of action allegedly set forth
2 therein, this Defendant is entitled to the full benefits and protections provided under
3 Section 1431.1, et seq., of the Civil Code, otherwise entitled The Fair Responsibility
4 Act of 1986.
5 AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE
6 DEFENSE to said complaint, and each and every cause of action allegedly set forth
7 therein, this defendant alleges that plaintiff has not complied with the joinder of parties
8 requirements of Code of Civil Procedure §§377.60, 378 and 389.
9 AS AND FOR A SIXTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE
10 DEFENSE, defendant alleges that the injuries complained of herein were caused by
11 the natural course of plaintiff's disease or condition, or were the natural or expected
12 results of reasonable treatment rendered for this disease or condition, and plaintiff's
13 claim herein is barred by California Civil Code §1714.8.
14 AS AND FOR A SEVENTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
15 DEFENSE to said complaint and each and every cause of action allegedly set forth
16 therein, this defendant alleges that the allegations set forth therein are barred by the
17 provisions of the applicable statutes, including but not limited to, the provisions of
18 Section 1317 of the Health and Safety Code.
19 WHEREFORE, this answering defendant prays that plaintiff take nothing by
20 reason of the complaint on file herein, that this defendant be hence dismissed and
21 have judgment for costs of suit incurred herein; and for such other and further relief
22 as to the Court seems just and proper.
23
24 Dated: January 21, 2021 HASSARD BONNINGTON LLP
25
26 By: ___________________________
James M. Goodman
27 J. Julia Hansen-Arenas
Attorneys for Defendant ESTATE OF
28 STEPHEN VAN PELT, M.D.
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ANSWER TO COMPLAINT
P:\WDOCS\HBMAIN\00008\03212\01285157.DOCX-12121
1 PROOF OF SERVICE
Erica Sandberg v. Estate of Stephen Van Pelt, MD, et al.
2 San Francisco County Superior Court Case No. CGC-20-584686
3 I am a citizen of the United States. My business address is 275 Battery Street,
Suite 1600, San Francisco, CA 94111. My email address is kij@hassard.com. I am
4 employed in the County of San Francisco where this service occurs. I am over the
age of 18 years and not a party to the within cause. I served the foregoing
5 document(s) described as: ANSWER TO COMPLAINT on the interested parties in
said action addressed as follows:
6
COUNSEL FOR: Mark J. Zanobini, Esq. Tel: 415/392-8400
7 Plaintiffs Renata L. Bogomolnaya, Esq. Fax: 415/520-5998
Law Office Of Mark J. Zanobini admin@zanobinilaw.com
8 591 Redwood Highway, Building 400
Mill Valley, CA 94941-3039
9 COUNSEL FOR: Joseph S. Picchi, Esq. Tel: (925) 930-9090
Defendant VICTOR Aaron T. Schultz, Esq. jpicchi@glattys.com
10 PRIETO, MD Galloway, Lucchese, Everson & Picchi aschultz@glattys.com
A Professional Corporation chughes@glattys.com
11 2300 Contra Costa Blvd., Suite 350 vbellomo@glattys.com
Pleasant Hill, CA 94523-2398
12 COUNSEL FOR: Cyrus A. Tabari Phone: 408/288-9700
Defendant DIGNITY Sheuerman, Martini, Tabari, Zenere & Fax: 408/350-1432
13 HEALTH, INC.; ST. Garvin, A Professional Corporation ctabari@smtlaw.com
FRANCIS MEMORIAL 1033 Willow Street dpoint@smtlaw.com
14 HOSPITAL San Jose, CA 95125
15 [X] BY ELECTRONIC TRANSMISSION ONLY: I e-mailed the document(s) to the persons at the e-
mail address(es) listed based on notice previously provided that, during the Coronavirus
16 (COVID-19) pandemic, this office will be primarily working remotely, unable to send physical
mail as usual, and is therefore using only electronic mail. No electronic message or other
17 indication that the transmission was unsuccessful was received within a reasonable time after
the transmission.
18
I declare under penalty of perjury that the foregoing is true and correct.
19 Executed on January 21, 2021 at San Francisco, California.
20
21 ______________________________________
Kristi Jennings
22
23
24
25
26
27
28
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ANSWER TO COMPLAINT
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Preview
1 HASSARD BONNINGTON LLP James M. Goodman, Esq. (#65972) jmg@hassard.com 2 J. Julia Hansen-Arenas, Esq. (#225697) jjh@hassard.com 275 Battery Street, 16th Floor San Francisco, California 94111 ELECTRONICALLY 3 Telephone: (415) 288-9800 FILED Fax: (415) 288-9801 Superior Court of California, 4 County of San Francisco 5 Attorneys for Defendant 01/21/2021 ESTATE OF STEPHEN VAN PELT, M.D. Clerk of the Court BY: VANESSA WU 6 (sued herein as DOE 25) Deputy Clerk 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 UNLIMITED JURISDICTION 11 ERICA SANDBERG, No. CGC-20-584686 12 Plaintiff, ANSWER TO COMPLAINT 13 vs. 14 DIGNITY HEALTH, INC.; ST. FRANCIS 15 MEMORIAL HOSPITAL; ST. FRANCIS ORTHOPEDIC INSTITUTE; ST. 16 FRANCIS MEMORIAL HOSPITAL CENTER FOR SPORTS MEDICINE; 17 STEPHEN VAN PELT, M.D.; VICTOR PRIETO, M.D., 18 Complaint Filed: June 2, 2020 Defendants. Trial Date: TBD 19 20 21 Defendant THE ESTATE OF STEPHEN VAN PELT, M.D. (sued herein as 22 DOE 25, as amended on November 13, 2020), in answer to plaintiff's complaint on 23 file herein, and each and every cause of action allegedly set forth therein, admits, 24 denies and alleges as follows: 25 Defendant THE ESTATE OF STEPHEN VAN PELT, M.D., admits that, at all 26 times mentioned in said complaint, Stephen Van Pelt, M.D. (deceased), was a duly 27 licensed physician engaged in the practice of medicine. Except as so admitted, this 28 defendant denies each and every allegation, both generally and specifically, and -1- ANSWER TO COMPLAINT P:\WDOCS\HBMAIN\00008\03212\01285157.DOCX-12121 1 denies each and every cause of action allegedly set forth therein. 2 Further answering said complaint, and each and every cause of action 3 allegedly set forth therein, this defendant denies that Dr. Van Pelt was negligent 4 and/or careless in any respect whatsoever, as alleged therein, or at all, and denies 5 that by reason of these allegations, or otherwise, plaintiff has been damaged in any 6 sum or sums whatsoever, or at all. 7 AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE 8 DEFENSE to said complaint and each and every cause of action allegedly set forth 9 therein, this defendant alleges that plaintiff was negligent in and about the facts and 10 things set forth in said complaint and that said carelessness and negligence caused 11 or contributed to the injuries, if any, of which plaintiff complains. 12 AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE 13 DEFENSE to said complaint and each and every cause of action allegedly set forth 14 therein, this defendant alleges that the allegations set forth therein do not state facts 15 sufficient to constitute a cause of action against this defendant. 16 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE 17 DEFENSE to said complaint and each and every cause of action allegedly set forth 18 therein, this defendant alleges that the allegations set forth therein are barred by the 19 provisions of the applicable statutes of limitation, including but not limited to the 20 provisions of Sections 335.1, 340(a)-(e), 340.5, 364(a)-(f) and 474, including all 21 subdivisions, of the Code of Civil Procedure. 22 AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE 23 DEFENSE to said complaint, and each and every cause of action allegedly set forth 24 therein, this defendant alleges that the injuries and damages complained of by 25 plaintiff, if any there were, were wholly or in part directly caused by the negligence 26 and/or willful and intentional acts of persons or entities other than this defendant, and 27 said negligence is either imputed to plaintiff by reason of the relationship between 28 plaintiff and said person or entities, and/or comparatively reduces the proportion of -2- ANSWER TO COMPLAINT P:\WDOCS\HBMAIN\00008\03212\01285157.DOCX-12121 1 alleged negligence and corresponding alleged liability of this defendant. 2 AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE 3 DEFENSE to said complaint, and each and every cause of action allegedly set forth 4 therein, this defendant states that in the event he is found to be negligent (which 5 supposition is denied and merely stated for the purpose of this affirmative defense), 6 this defendant may elect to introduce evidence of any amount paid or payable, if any, 7 as a benefit to plaintiff pursuant to Civil Code §3333.1. 8 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE 9 DEFENSE to said complaint, and each and every cause of action allegedly set forth 10 therein, this defendant states that in the event he is found to be negligent (which 11 supposition is denied and merely stated for the purpose of this affirmative defense), 12 the damages for non-economic losses, if any, shall not exceed the amount specified 13 in Civil Code §3333.2. 14 AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE 15 DEFENSE to said complaint, and each and every cause of action allegedly set forth 16 therein, this defendant states that in the event he is found to be negligent (which 17 supposition is denied and merely stated for the purpose of this affirmative defense), 18 this defendant may elect to have future damages, if any, in excess of the amount 19 specified in Code of Civil Procedure §667.7, paid in whole or in part, as specified in 20 Code of Civil Procedure §667.7. 21 AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE 22 DEFENSE to said complaint, and each and every cause of action allegedly set forth 23 therein, this defendant alleges that he is entitled to the benefits, defenses, rights, 24 immunities and provisions set forth and contained in Business & Professions Code 25 §6146 and Code of Civil Procedure §§364 and 365. 26 AS AND FOR A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE 27 DEFENSE to said complaint, and each and every cause of action allegedly set forth 28 therein, this defendant alleges that he, acting in good faith at the times mentioned in -3- ANSWER TO COMPLAINT P:\WDOCS\HBMAIN\00008\03212\01285157.DOCX-12121 1 said complaint, rendered emergency care to the plaintiff, at the scene of the 2 emergency, as defined by Business & Professions Code §2395. 3 AS AND FOR A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE 4 DEFENSE to said complaint, and each and every cause of action allegedly set forth 5 therein, this defendant alleges that plaintiff's injuries were the result of plaintiff's 6 employer and that said negligence is a bar to the recovery by plaintiff's employer of 7 any of the sums which it has been obligated to pay or will be obligated to pay in 8 workmen's compensation benefits, maintenance, cure, or similar benefits to plaintiff 9 and that defendant is entitled to a credit against any judgment that may be rendered 10 against him in favor of the plaintiff in said amount. 11 AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE 12 DEFENSE to said complaint and each and every cause of action allegedly set forth 13 therein, this defendant alleges that plaintiff was informed and otherwise had reason to 14 know of the risks and hazards in connection with the matters referred to in the 15 complaint and that plaintiff assumed the risk of said risks and hazards at the time and 16 place referred to therein. 17 AS AND FOR A TWELFTH, SEPARATE AND DISTINCT AFFIRMATIVE 18 DEFENSE to said complaint, and each and every cause of action allegedly set forth 19 therein, this defendant alleges that upon information and belief he is of the opinion 20 that a certain sum has been or will be paid to plaintiff as compensation for the same 21 damages he seeks against this defendant and, therefore, said defendant is entitled to 22 a set-off in said amount against any judgment or recovery plaintiff may recover 23 against defendant. 24 AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE 25 DEFENSE to said complaint, and each and every cause of action allegedly set forth 26 therein, this defendant alleges on information and belief that plaintiff has failed to 27 minimize or mitigate damages, if any. 28 AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE -4- ANSWER TO COMPLAINT P:\WDOCS\HBMAIN\00008\03212\01285157.DOCX-12121 1 DEFENSE to said complaint, and each and every cause of action allegedly set forth 2 therein, this Defendant is entitled to the full benefits and protections provided under 3 Section 1431.1, et seq., of the Civil Code, otherwise entitled The Fair Responsibility 4 Act of 1986. 5 AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE 6 DEFENSE to said complaint, and each and every cause of action allegedly set forth 7 therein, this defendant alleges that plaintiff has not complied with the joinder of parties 8 requirements of Code of Civil Procedure §§377.60, 378 and 389. 9 AS AND FOR A SIXTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE 10 DEFENSE, defendant alleges that the injuries complained of herein were caused by 11 the natural course of plaintiff's disease or condition, or were the natural or expected 12 results of reasonable treatment rendered for this disease or condition, and plaintiff's 13 claim herein is barred by California Civil Code §1714.8. 14 AS AND FOR A SEVENTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 15 DEFENSE to said complaint and each and every cause of action allegedly set forth 16 therein, this defendant alleges that the allegations set forth therein are barred by the 17 provisions of the applicable statutes, including but not limited to, the provisions of 18 Section 1317 of the Health and Safety Code. 19 WHEREFORE, this answering defendant prays that plaintiff take nothing by 20 reason of the complaint on file herein, that this defendant be hence dismissed and 21 have judgment for costs of suit incurred herein; and for such other and further relief 22 as to the Court seems just and proper. 23 24 Dated: January 21, 2021 HASSARD BONNINGTON LLP 25 26 By: ___________________________ James M. Goodman 27 J. Julia Hansen-Arenas Attorneys for Defendant ESTATE OF 28 STEPHEN VAN PELT, M.D. -5- ANSWER TO COMPLAINT P:\WDOCS\HBMAIN\00008\03212\01285157.DOCX-12121 1 PROOF OF SERVICE Erica Sandberg v. Estate of Stephen Van Pelt, MD, et al. 2 San Francisco County Superior Court Case No. CGC-20-584686 3 I am a citizen of the United States. My business address is 275 Battery Street, Suite 1600, San Francisco, CA 94111. My email address is kij@hassard.com. I am 4 employed in the County of San Francisco where this service occurs. I am over the age of 18 years and not a party to the within cause. I served the foregoing 5 document(s) described as: ANSWER TO COMPLAINT on the interested parties in said action addressed as follows: 6 COUNSEL FOR: Mark J. Zanobini, Esq. Tel: 415/392-8400 7 Plaintiffs Renata L. Bogomolnaya, Esq. Fax: 415/520-5998 Law Office Of Mark J. Zanobini admin@zanobinilaw.com 8 591 Redwood Highway, Building 400 Mill Valley, CA 94941-3039 9 COUNSEL FOR: Joseph S. Picchi, Esq. Tel: (925) 930-9090 Defendant VICTOR Aaron T. Schultz, Esq. jpicchi@glattys.com 10 PRIETO, MD Galloway, Lucchese, Everson & Picchi aschultz@glattys.com A Professional Corporation chughes@glattys.com 11 2300 Contra Costa Blvd., Suite 350 vbellomo@glattys.com Pleasant Hill, CA 94523-2398 12 COUNSEL FOR: Cyrus A. Tabari Phone: 408/288-9700 Defendant DIGNITY Sheuerman, Martini, Tabari, Zenere & Fax: 408/350-1432 13 HEALTH, INC.; ST. Garvin, A Professional Corporation ctabari@smtlaw.com FRANCIS MEMORIAL 1033 Willow Street dpoint@smtlaw.com 14 HOSPITAL San Jose, CA 95125 15 [X] BY ELECTRONIC TRANSMISSION ONLY: I e-mailed the document(s) to the persons at the e- mail address(es) listed based on notice previously provided that, during the Coronavirus 16 (COVID-19) pandemic, this office will be primarily working remotely, unable to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other 17 indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 18 I declare under penalty of perjury that the foregoing is true and correct. 19 Executed on January 21, 2021 at San Francisco, California. 20 21 ______________________________________ Kristi Jennings 22 23 24 25 26 27 28 -6- ANSWER TO COMPLAINT P:\WDOCS\HBMAIN\00008\03212\01285157.DOCX-12121