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1 JOSEPH S. PICCHI, ESQ. (State Bar No. 157102)
AARON T. SCHULTZ, ESQ. (State Bar No. 222949)
2 GALLOWAY, LUCCHESE, EVERSON & PICCHI
ELECTRONICALLY
A Professional Corporation
3 2300 Contra Costa Blvd., Suite 350 FILED
Superior Court of California,
Pleasant Hill, CA 94523-2398 County of San Francisco
4 Tel. No. (925) 930-9090
Fax No. (925) 930-9035 09/23/2020
5 E-mail: aschultz@glattys.com Clerk of the Court
BY: VANESSA WU
Deputy Clerk
6 Attorneys for Defendant
VICTOR PRIETO, M.D.
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN FRANCISCO
10 ERICA SANDBERG, Case No. CGC-20-584686
11 Plaintiff,
ANSWER TO COMPLAINT
12 vs.
13 DIGNITY HEALTH, INC.; ST. FRANCIS Date Complaint Filed: June 2, 2020
MEMORIAL HOSPITAL; ST. FRANCIS
14 ORTHOPEDIC INSTITUTE; ST. FRANCIS
MEMORIAL HOSPITAL CENTER FOR
15 SPORTS MEDICINE; STEPHEN VAN
PELT, M.D.; VICTOR PRIETO, M.D.; and
16 DOES 1 through 50, Inclusive,
17 Defendants.
18
19 COMES NOW defendant, VICTOR PRIETO, M.D., through his attorneys, and
20 answering the unverified Complaint of plaintiff on file herein, admits, denies and alleges
21 as follows:
22 Defendant denies generally and specifically all material allegations of the
23 Complaint and further denies plaintiff has been damaged in any sum or sums, or at all,
24 except that defendant admits that he is, and at all times mentioned in the Complaint was,
25 a physician and surgeon duly licensed to practice in the State of California.
26 AS A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
27 Complaint, this answering defendant alleges that the Complaint fails to state a cause of
28 action.
GALLOWAY, LUCCHESE,
EVERSON & PICCHI
2300 Contra Costa Blvd.,
1
Suite 350 __________________________________
Pleasant Hill, CA 94523
(925) 930-9090
CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx
1 AS A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
2 Complaint, this answering defendant alleges that the Complaint herein does not state
3 facts sufficient to constitute a cause of action in that the alleged cause of action is barred
4 by the Statute of Limitations: California Code of Civil Procedure §§ 340/335.1, 340.5 and
5 364.
6 AS A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
7 Complaint for Damages, this answering defendant alleges that if it should be found that
8 there was negligence as alleged in plaintiff’s Complaint or in connection with the subject
9 matter of the Complaint, such negligence was that of the plaintiff and of persons, firms,
10 corporations, or entities other than this answering defendant and comparatively reduces
11 the percentage of any liability on the part of this answering defendant if it should be found
12 that this answering defendant is negligent or liable as alleged in the Complaint, which this
13 answering defendant has denied and does expressly deny.
14 AS A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
15 Complaint, this answering defendant alleges that at all times relevant to, on or before the
16 dates of the occurrence alleged in plaintiff’s Complaint, each and every risk and/or danger
17 proximately causing and/or contributing to the alleged occurrence and/or damages
18 complained of, if any there actually were, were voluntarily and/or knowingly assumed by
19 the plaintiff.
20 AS A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
21 Complaint, this answering defendant alleges that at all times and places mentioned in the
22 Complaint, plaintiff was herself negligent, and further her negligence proximately
23 contributed in the proportion of 100% to the injuries, if any, sustained by plaintiff.
24 AS A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
25 Complaint, this answering defendant alleges that the negligence on the part of plaintiff,
26 ERICA SANDBERG within the purview of the Complaint, constituted a bar to her claims.
27 AS A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
28 Complaint, this answering defendant alleges that plaintiff ERICA SANDBERG herself was
GALLOWAY, LUCCHESE,
EVERSON & PICCHI
2300 Contra Costa Blvd.,
2
Suite 350 __________________________________
Pleasant Hill, CA 94523
(925) 930-9090
CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx
1 careless and negligent in and about the matters alleged in the Complaint, and that the
2 carelessness and negligence of plaintiff proximately contributed to the happening of the
3 incident and that the plaintiff’s contributory negligence either bars a recovery, or
4 proportionately reduces any potential verdict.
5 AS AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
6 Complaint, this answering defendant denies any wrongdoing, negligence or liability on his
7 part. However, should it be determined that the defendant is liable, then defendant further
8 alleges that the injuries and losses alleged by plaintiff in the Complaint, if any there were,
9 were proximately caused by the negligence, carelessness and/or fault of plaintiff and of
10 other persons, firms, corporations, or entities other than this answering defendant, and
11 that the Court is respectfully requested to instruct the jury to apportion fault for any injuries
12 and losses, if any there were, which were negligently caused amongst all persons, firms,
13 corporations, or other entities, other than this answering defendant, who they find were
14 negligent, careless and/or at fault for the injuries and losses, if any there were.
15 AS A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
16 Complaint, in the event this answering defendant is found to be negligent, which is
17 expressly herein denied, the liability of this answering defendant is limited by reason of
18 California Civil Code § 1431.2.
19 AS A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
20 Complaint, this answering defendant alleges that in the event this answering defendant
21 is found liable, which this defendant denies and states merely for the purpose of this
22 affirmative defense, this answering defendant may elect to introduce evidence of any
23 amount paid or payable, if any, as a benefit to plaintiff and claim credit pursuant to Civil
24 Code § 3333.1.
25 AS AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to
26 the Complaint, this answering defendant alleges that in the event this answering
27 defendant is found to be negligent, which this defendant denies and states merely for the
28 //
GALLOWAY, LUCCHESE,
EVERSON & PICCHI
2300 Contra Costa Blvd.,
3
Suite 350 __________________________________
Pleasant Hill, CA 94523
(925) 930-9090
CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx
1 purpose of this affirmative defense, the damages for non-economic losses shall not
2 exceed the amount specified in Civil Code § 3333.2.
3 AS A TWELFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
4 Complaint, this answering defendant alleges that in the event this answering defendant
5 is found liable, which this defendant denies and states merely for the purposes of this
6 affirmative defense, this answering defendant may elect to have future damages, if in
7 excess of the amount specified in Code of Civil Procedure § 667.7, paid in full or in part
8 as specified in Code of Civil Procedure § 667.7.
9 AS A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to
10 the Complaint, this answering defendant alleges upon information and belief that plaintiff,
11 Erica Sandberg, at the time of her injury and as a result of which he sought the complained
12 of treatment herein, was an employee of an entity or entities, the names of which are
13 unknown at this time, acting within the course and scope of her employment with such
14 employers and has applied for and may receive benefits under Worker’s Compensation
15 Law of the State of California. The injuries, for which treatment was thereafter provided,
16 proximately resulted from the negligence on the part of the employers and/or other
17 persons connected with the employment of plaintiff, and each of them, and this defendant
18 claims a reduction in the amount of any verdict which may be returned in this action in the
19 amount of all such Worker’s Compensation benefits paid to or to be paid to plaintiff under
20 the law applicable by reason of the subject injury, such amount to be proven at the trial
21 of this matter.
22 AS A FOURTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to
23 the Complaint, this answering defendant alleges that following the alleged incident herein,
24 plaintiff failed and neglected to mitigate damages, and that said conduct, failure or
25 omission on plaintiff’s own part proximately caused and contributed to the damages
26 sustained by plaintiff, if any.
27 //
28 //
GALLOWAY, LUCCHESE,
EVERSON & PICCHI
2300 Contra Costa Blvd.,
4
Suite 350 __________________________________
Pleasant Hill, CA 94523
(925) 930-9090
CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx
1 AS A FIFTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
2 Complaint, this answering defendant alleges that the plaintiff consented to the subject
3 surgery, care and treatment, and said consent was a fully informed one.
4 AS A SIXTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the
5 Complaint, this answering defendant alleges that the alleged representations were
6 justified or privileged, in that they constituted truthful information and/or honest advice
7 and at no time did this answering defendant falsely induce or misrepresent to the plaintiff
8 the necessities of the surgery.
9 AS A SEVENTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
10 to the Complaint, the injuries and damages alleged in plaintiff’s Complaint arose out of
11 and occurred during the course of her employment. Therefore, plaintiff’s sole and
12 exclusive remedy for her claims is workers’ compensation. See, Division 4 of the Labor
13 Code including, but not limited to, Labor Code §§ 3600, 3601, and 3602.
14 AS AN EIGHTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to
15 the Complaint, if plaintiff sustained any injury or damage, it is on the basis of an
16 occurrence or result occasioned by the natural course of a disease or condition, or was
17 the natural or expected result of reasonable treatment rendered for the disease or
18 condition, for which this defendant shall not be liable pursuant to Civil Code § 1714.8.
19 AS A NINETEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to
20 the Complaint, defendant alleges that the injuries complained of herein were caused by
21 the natural course of decedent’s disease or condition, or were the natural or expected
22 results of reasonable treatment rendered for this disease or condition, and plaintiff’s claim
23 herein is barred by Civil Code § 1714.8.
24
25 UNKNOWN DEFENSES
26 Defendant cannot fully anticipate all affirmative defenses that may be applicable
27 to this action based upon the conclusory terms used in the Complaint. Accordingly,
28 //
GALLOWAY, LUCCHESE,
EVERSON & PICCHI
2300 Contra Costa Blvd.,
5
Suite 350 __________________________________
Pleasant Hill, CA 94523
(925) 930-9090
CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx
1 defendant expressly reserves the right to assert additional defenses if and to the extent
2 that such affirmative defenses become applicable.
3 WHEREFORE, this answering defendant prays that plaintiff take nothing by reason
4 of the Complaint on file herein, and this answering defendant be awarded costs of suit
5 and such further relief as the Court may deem just and appropriate.
6 Dated: September 23, 2020
GALLOWAY, LUCCHESE, EVERSON
7 & PICCHI
8
9
10
By:
11 AARON T. SCHULTZ, ESQ.
Attorneys for Defendant
12 VICTOR PRIETO, M.D.
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GALLOWAY, LUCCHESE,
EVERSON & PICCHI
2300 Contra Costa Blvd.,
6
Suite 350 __________________________________
Pleasant Hill, CA 94523
(925) 930-9090
CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx
1 PROOF OF SERVICE
2 I declare under penalty of perjury that:
3 I am a citizen of the United States and am employed in the County of Contra Costa. I am
over the age of eighteen years and not a party to the within action. My business address
4 is 2300 Contra Costa Boulevard, Suite 350, Pleasant Hill, CA 94523-2398.
5 On the date set forth below, I caused the attached ANSWER TO COMPLAINT to be
served on the parties to this action as follows:
6
7 BY ELECTRONIC SERVICE.
8 I electronically served a true copy thereof on the parties at said electronic
9 notification addresses as set forth on the attached service list from my electronic
notification address: ddempsey@glattys.com. The transmission was reported as
10 complete and without error. C.C.P. § 1010.6(a) and C.R.C. Rule 2.251.
11
12 Mark J. Zanobini, Esq. Counsel for Plaintiff ERICA
Renata L. Bogomolnaya, Esq. SANDBERG
13 Law Office of Mark J. Zanobini
591 Redwood Highway, Building 4000
14 Mill Valley, CA 94941-3039
Fax: (415) 520-5998
15 Email:
mark@zanobinilaw.com
16 Renata@zanobinilaw.com
linda@zanobinilaw.com
17 admin@zanobinilaw.com
18
19 Executed on September 23, 2020, at Vacaville, California.
20
21
Diana M. Dempsey, CCLS
22
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24 950-11123/ATS/1128822.docx
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GALLOWAY, LUCCHESE,
EVERSON & PICCHI
2300 Contra Costa Blvd.,
7
Suite 350 __________________________________
Pleasant Hill, CA 94523
(925) 930-9090
CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx
Preview
1 JOSEPH S. PICCHI, ESQ. (State Bar No. 157102) AARON T. SCHULTZ, ESQ. (State Bar No. 222949) 2 GALLOWAY, LUCCHESE, EVERSON & PICCHI ELECTRONICALLY A Professional Corporation 3 2300 Contra Costa Blvd., Suite 350 FILED Superior Court of California, Pleasant Hill, CA 94523-2398 County of San Francisco 4 Tel. No. (925) 930-9090 Fax No. (925) 930-9035 09/23/2020 5 E-mail: aschultz@glattys.com Clerk of the Court BY: VANESSA WU Deputy Clerk 6 Attorneys for Defendant VICTOR PRIETO, M.D. 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 ERICA SANDBERG, Case No. CGC-20-584686 11 Plaintiff, ANSWER TO COMPLAINT 12 vs. 13 DIGNITY HEALTH, INC.; ST. FRANCIS Date Complaint Filed: June 2, 2020 MEMORIAL HOSPITAL; ST. FRANCIS 14 ORTHOPEDIC INSTITUTE; ST. FRANCIS MEMORIAL HOSPITAL CENTER FOR 15 SPORTS MEDICINE; STEPHEN VAN PELT, M.D.; VICTOR PRIETO, M.D.; and 16 DOES 1 through 50, Inclusive, 17 Defendants. 18 19 COMES NOW defendant, VICTOR PRIETO, M.D., through his attorneys, and 20 answering the unverified Complaint of plaintiff on file herein, admits, denies and alleges 21 as follows: 22 Defendant denies generally and specifically all material allegations of the 23 Complaint and further denies plaintiff has been damaged in any sum or sums, or at all, 24 except that defendant admits that he is, and at all times mentioned in the Complaint was, 25 a physician and surgeon duly licensed to practice in the State of California. 26 AS A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 27 Complaint, this answering defendant alleges that the Complaint fails to state a cause of 28 action. GALLOWAY, LUCCHESE, EVERSON & PICCHI 2300 Contra Costa Blvd., 1 Suite 350 __________________________________ Pleasant Hill, CA 94523 (925) 930-9090 CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx 1 AS A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 2 Complaint, this answering defendant alleges that the Complaint herein does not state 3 facts sufficient to constitute a cause of action in that the alleged cause of action is barred 4 by the Statute of Limitations: California Code of Civil Procedure §§ 340/335.1, 340.5 and 5 364. 6 AS A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 7 Complaint for Damages, this answering defendant alleges that if it should be found that 8 there was negligence as alleged in plaintiff’s Complaint or in connection with the subject 9 matter of the Complaint, such negligence was that of the plaintiff and of persons, firms, 10 corporations, or entities other than this answering defendant and comparatively reduces 11 the percentage of any liability on the part of this answering defendant if it should be found 12 that this answering defendant is negligent or liable as alleged in the Complaint, which this 13 answering defendant has denied and does expressly deny. 14 AS A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 15 Complaint, this answering defendant alleges that at all times relevant to, on or before the 16 dates of the occurrence alleged in plaintiff’s Complaint, each and every risk and/or danger 17 proximately causing and/or contributing to the alleged occurrence and/or damages 18 complained of, if any there actually were, were voluntarily and/or knowingly assumed by 19 the plaintiff. 20 AS A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 21 Complaint, this answering defendant alleges that at all times and places mentioned in the 22 Complaint, plaintiff was herself negligent, and further her negligence proximately 23 contributed in the proportion of 100% to the injuries, if any, sustained by plaintiff. 24 AS A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 25 Complaint, this answering defendant alleges that the negligence on the part of plaintiff, 26 ERICA SANDBERG within the purview of the Complaint, constituted a bar to her claims. 27 AS A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 28 Complaint, this answering defendant alleges that plaintiff ERICA SANDBERG herself was GALLOWAY, LUCCHESE, EVERSON & PICCHI 2300 Contra Costa Blvd., 2 Suite 350 __________________________________ Pleasant Hill, CA 94523 (925) 930-9090 CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx 1 careless and negligent in and about the matters alleged in the Complaint, and that the 2 carelessness and negligence of plaintiff proximately contributed to the happening of the 3 incident and that the plaintiff’s contributory negligence either bars a recovery, or 4 proportionately reduces any potential verdict. 5 AS AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 6 Complaint, this answering defendant denies any wrongdoing, negligence or liability on his 7 part. However, should it be determined that the defendant is liable, then defendant further 8 alleges that the injuries and losses alleged by plaintiff in the Complaint, if any there were, 9 were proximately caused by the negligence, carelessness and/or fault of plaintiff and of 10 other persons, firms, corporations, or entities other than this answering defendant, and 11 that the Court is respectfully requested to instruct the jury to apportion fault for any injuries 12 and losses, if any there were, which were negligently caused amongst all persons, firms, 13 corporations, or other entities, other than this answering defendant, who they find were 14 negligent, careless and/or at fault for the injuries and losses, if any there were. 15 AS A NINTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 16 Complaint, in the event this answering defendant is found to be negligent, which is 17 expressly herein denied, the liability of this answering defendant is limited by reason of 18 California Civil Code § 1431.2. 19 AS A TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 20 Complaint, this answering defendant alleges that in the event this answering defendant 21 is found liable, which this defendant denies and states merely for the purpose of this 22 affirmative defense, this answering defendant may elect to introduce evidence of any 23 amount paid or payable, if any, as a benefit to plaintiff and claim credit pursuant to Civil 24 Code § 3333.1. 25 AS AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to 26 the Complaint, this answering defendant alleges that in the event this answering 27 defendant is found to be negligent, which this defendant denies and states merely for the 28 // GALLOWAY, LUCCHESE, EVERSON & PICCHI 2300 Contra Costa Blvd., 3 Suite 350 __________________________________ Pleasant Hill, CA 94523 (925) 930-9090 CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx 1 purpose of this affirmative defense, the damages for non-economic losses shall not 2 exceed the amount specified in Civil Code § 3333.2. 3 AS A TWELFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 4 Complaint, this answering defendant alleges that in the event this answering defendant 5 is found liable, which this defendant denies and states merely for the purposes of this 6 affirmative defense, this answering defendant may elect to have future damages, if in 7 excess of the amount specified in Code of Civil Procedure § 667.7, paid in full or in part 8 as specified in Code of Civil Procedure § 667.7. 9 AS A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to 10 the Complaint, this answering defendant alleges upon information and belief that plaintiff, 11 Erica Sandberg, at the time of her injury and as a result of which he sought the complained 12 of treatment herein, was an employee of an entity or entities, the names of which are 13 unknown at this time, acting within the course and scope of her employment with such 14 employers and has applied for and may receive benefits under Worker’s Compensation 15 Law of the State of California. The injuries, for which treatment was thereafter provided, 16 proximately resulted from the negligence on the part of the employers and/or other 17 persons connected with the employment of plaintiff, and each of them, and this defendant 18 claims a reduction in the amount of any verdict which may be returned in this action in the 19 amount of all such Worker’s Compensation benefits paid to or to be paid to plaintiff under 20 the law applicable by reason of the subject injury, such amount to be proven at the trial 21 of this matter. 22 AS A FOURTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to 23 the Complaint, this answering defendant alleges that following the alleged incident herein, 24 plaintiff failed and neglected to mitigate damages, and that said conduct, failure or 25 omission on plaintiff’s own part proximately caused and contributed to the damages 26 sustained by plaintiff, if any. 27 // 28 // GALLOWAY, LUCCHESE, EVERSON & PICCHI 2300 Contra Costa Blvd., 4 Suite 350 __________________________________ Pleasant Hill, CA 94523 (925) 930-9090 CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx 1 AS A FIFTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 2 Complaint, this answering defendant alleges that the plaintiff consented to the subject 3 surgery, care and treatment, and said consent was a fully informed one. 4 AS A SIXTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to the 5 Complaint, this answering defendant alleges that the alleged representations were 6 justified or privileged, in that they constituted truthful information and/or honest advice 7 and at no time did this answering defendant falsely induce or misrepresent to the plaintiff 8 the necessities of the surgery. 9 AS A SEVENTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 10 to the Complaint, the injuries and damages alleged in plaintiff’s Complaint arose out of 11 and occurred during the course of her employment. Therefore, plaintiff’s sole and 12 exclusive remedy for her claims is workers’ compensation. See, Division 4 of the Labor 13 Code including, but not limited to, Labor Code §§ 3600, 3601, and 3602. 14 AS AN EIGHTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to 15 the Complaint, if plaintiff sustained any injury or damage, it is on the basis of an 16 occurrence or result occasioned by the natural course of a disease or condition, or was 17 the natural or expected result of reasonable treatment rendered for the disease or 18 condition, for which this defendant shall not be liable pursuant to Civil Code § 1714.8. 19 AS A NINETEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE to 20 the Complaint, defendant alleges that the injuries complained of herein were caused by 21 the natural course of decedent’s disease or condition, or were the natural or expected 22 results of reasonable treatment rendered for this disease or condition, and plaintiff’s claim 23 herein is barred by Civil Code § 1714.8. 24 25 UNKNOWN DEFENSES 26 Defendant cannot fully anticipate all affirmative defenses that may be applicable 27 to this action based upon the conclusory terms used in the Complaint. Accordingly, 28 // GALLOWAY, LUCCHESE, EVERSON & PICCHI 2300 Contra Costa Blvd., 5 Suite 350 __________________________________ Pleasant Hill, CA 94523 (925) 930-9090 CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx 1 defendant expressly reserves the right to assert additional defenses if and to the extent 2 that such affirmative defenses become applicable. 3 WHEREFORE, this answering defendant prays that plaintiff take nothing by reason 4 of the Complaint on file herein, and this answering defendant be awarded costs of suit 5 and such further relief as the Court may deem just and appropriate. 6 Dated: September 23, 2020 GALLOWAY, LUCCHESE, EVERSON 7 & PICCHI 8 9 10 By: 11 AARON T. SCHULTZ, ESQ. Attorneys for Defendant 12 VICTOR PRIETO, M.D. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GALLOWAY, LUCCHESE, EVERSON & PICCHI 2300 Contra Costa Blvd., 6 Suite 350 __________________________________ Pleasant Hill, CA 94523 (925) 930-9090 CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx 1 PROOF OF SERVICE 2 I declare under penalty of perjury that: 3 I am a citizen of the United States and am employed in the County of Contra Costa. I am over the age of eighteen years and not a party to the within action. My business address 4 is 2300 Contra Costa Boulevard, Suite 350, Pleasant Hill, CA 94523-2398. 5 On the date set forth below, I caused the attached ANSWER TO COMPLAINT to be served on the parties to this action as follows: 6 7 BY ELECTRONIC SERVICE. 8 I electronically served a true copy thereof on the parties at said electronic 9 notification addresses as set forth on the attached service list from my electronic notification address: ddempsey@glattys.com. The transmission was reported as 10 complete and without error. C.C.P. § 1010.6(a) and C.R.C. Rule 2.251. 11 12 Mark J. Zanobini, Esq. Counsel for Plaintiff ERICA Renata L. Bogomolnaya, Esq. SANDBERG 13 Law Office of Mark J. Zanobini 591 Redwood Highway, Building 4000 14 Mill Valley, CA 94941-3039 Fax: (415) 520-5998 15 Email: mark@zanobinilaw.com 16 Renata@zanobinilaw.com linda@zanobinilaw.com 17 admin@zanobinilaw.com 18 19 Executed on September 23, 2020, at Vacaville, California. 20 21 Diana M. Dempsey, CCLS 22 23 24 950-11123/ATS/1128822.docx 25 26 27 28 GALLOWAY, LUCCHESE, EVERSON & PICCHI 2300 Contra Costa Blvd., 7 Suite 350 __________________________________ Pleasant Hill, CA 94523 (925) 930-9090 CGC-20-584686: ANSWER TO COMPLAINT 950-11123/ATS/1128822.docx