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MOA A
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Nov-26-2018 8:09 am
Case Number: CGC-18-570805
Filing Date: Nov-21-2018 8:07
Filed by: CAROL BALISTRERI
Image: 06584103
GENERAL DENIAL
LISA HUYEN NGUYEN VS. HANNA HOANG ET AL
001006584103
Instructions:
Please place this sheet on top of the document to be scanned.© ° PLD-050
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
|_ Hanna Hoang, in pro per
33792 Heritage Ct
Union City CA 94587-4305
TeLePHONeNO: (415) 574-7941 (Optional):
WAL ADORESS (Optona: aWSOM138@gmail.com. F ] L E D
ATTORNEY FOR (Name): Defendant in propria persona
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO San Francieco County Superior Court
street appress: 400 McAllister Street OV 21 2018
wauncaooress: 400 McAllister Street N
cry anoze cove: San Francisco CA 94102-4514 THE COURT
sranc Name: Civic Center Couthouse : ( ’ fb +
PLAINTIFF/PETITIONER: LISA HUYEN NGUYEN Br. ‘Deputy Clerk
DEFENDANT/RESPONDENT: HANNA HOANG, et al.
CASE NUMBER:
GENERAL DENIAL CGC-18-570805
'f you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property
involved is $1,000 or less.
You MAY use this form for a general denial if.
1. The complaint is not verified; or
2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less),
BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection.
(See Code of Civil Procedure sections 85-86, 90-100, 431.30, and 431.40.)
1. DEFENDANT (name): HANNA HOANG
generally denies each and every allegation of plaintiffs complaint.
DEFENDANT states the following FACTS as separate affirmative defenses to plaintiffs complaint (attach additional
pages if necessary):
To all causes of action alleged in the complaint:
2.
1. The complaint, and each cause of action alleged in it, fails to state facts sufficient to constitute a cause of action against
Defendant or support the relief and damages claimed;
2. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar by Plaintiff's unclean hands,
which conduct extinguishes the right to legal or equitable relief,
3. Plaintiff, at all times relevant to her claims in this matter, and at all times during the term of the contracts alleged in the
complaint, had substantially and materially breached her obligations under those contracts, and any other contract between
Plaintiff and Defendant. By such breach, Defendant was excused from any performance claimed or actually due Plaintiff
under such contracts;
(continued on attached additional pages)
pa NOV 2.0 2019
HANNA HOANG, in pro per » Ba pnw i
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
Ifyou have a claim for damages or other relief against the plaintiff, the law may require you to state your claim in a special pleading
called a cross-complaint or you may lose your right to bring the claim. (See Code of Civil Procedure sections 426.10-426.40.)
The original of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiff's
attorney and on each plaintiff not represented by an attorney. There are two main ways to serve this General Denial: by personal
delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action. Be sure
that whoever serves the General Denial fills out and signs a proof of service. You may use the applicable Judicial Council form (such
as form POS-020, POS-030, or POS-040) for the proof of service.
Page oft
Fe for Code of Civil Procedure, §§ 431.30, 431.40
Sede Counc of Calera GENERAL DENIAL wi cout ca gov
PLD-050 [Rev. January 1, 2009}© ° MC-025
SHORT TITLE: ‘CASE NUMBER:
| NGUYEN vs. HOANG CGC-18-570805
ATTACHMENT (Number): __One (1)
(This Attachment may be used with any Judicial Council form.)
4. By reason of the acts and omissions of the plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of any
contract or any duty, or for any other cause;
5. Plaintiff is barred from recovery, because of her breaches of contract, and by her breach of the covenant of good faith and fair
dealing, thereby extinguishing and terminating the duties allegedly owed by this answering defendant, and/or reducing or abating the
amount of damages to which plaintiffs are entitled, if any;
6. Defendant alleges that she did not breach any duty to plaintiff.
7. Plaintiff, at all times relevant to its claims in this matter, and at all times during the term of the contracts. alleged in the complaint, had
substantially and materially breached her obligations under those contracts, and any other contract between Plaintiff and Defendant. By
‘such breach, Defendant was excused from any performance claimed or actually due Plaintiff under such contracts;
8. The complaint is barred by whole or part by laches;
9. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar by Plaintiff's bad faith;
10. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar under the doctrine of estoppel;
11. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar under the doctrine of waiver and by
reason of the acts and omissions of the plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of any contract or
any duty, or for any other cause;
12. Defendant specifically denies all allegations, if any, and conclusions of law, if any, to which she did not specifically reply in the
General Denial to Plaintiff's Complaint;
13. All or part of the contract or transaction resulted from fraud, deceit or misrepresentation by Plaintiff and/or her agents;
14. Plaintiff violated public policy by engaging in illegal conduct;
15. Defendant alleges that the complaint is unintelligible and uncertain;
16. Defendant alleges that plaintiff is limited or barred from recovery, if any, by the applicable statutes of limitations;
17. Defendant alleges that plaintiff failed to mitigate her damages;
18. Defendant alleges that damages suffered, if any, are a result of comparative fault of plaintiff such that any disbursements from
defendant are barred and/or must be adjusted and/or eliminated;
19: By reason of the acts and omissions of the plaintiff, plaintiff has released and discharged defendant from any liability;
20. Plaintiff is barred from any recovery by the Statute of Frauds;
(if the item that this Attachment concems is made under penalty of perjury, all statements in this Page 1 of 3
Attachment are made under penalty of perjury.) (Add pages as required)
Judicial Council of Califomia s
MC-026 [Rev. July 1, 2008] to Judicial Council Form©} ° MC-025
SHORT TITLE: CASE NUMBER:
| NGUYEN vs. HOANG CGC-18-570805
ATTACHMENT (Number): One (1)
(This Attachment may be used with any Judicial Council form.)
21. Plaintiff is barred from recovering any damages because of plaintiff's own acts of carelessness, negligence and/or other fault, and
further, that such carelessness, negligence and/or other fault proximately contributed to the happening of any alleged incidents,
injuries, and damages complained of, if any;.
22. Plaintiff has failed to state a claim upon which attorney's fees can be awarded;
23. Plaintiff is barred from asserting any causes of action by virtue of her consent to the alleged acts or conditions;
24. To the extent that plaintiff suffered any damages alleged, such damages were not caused by defendant but by the acts or omissions
of plaintiff and/or her agents;
25. Plaintiff is barred from any recovery, because of plaintiff's lack of notice to defendant;
26. In in taking the actions plaintiff alleges defendant has taken, plaintiff assumed the risk of injury and that defendant is not
responsible in law or fact for plaintiff's injuries, if any.
27. Plaintiff is barred from any relief, based on plaintiffs violations of State and Local Laws;
28. Plaintiff is barred from any relief, based on fraud by plaintiff and/or her agents;
29. The actions complained of were made without malice or wrongful intent on the part of defendant and in reasonable and good faith
belief of her legal right to perform the actions complained of;
30. The complaint fails to state facts sufficient to state any claim upon which an award of punitive damages can be made;
31. Recovery by plaintiff is precluded for failure of the occurrence of a condition precedent;
32. Plaintiff is barred from any relief or remedy and/or defendant was prevented and/or excused from performing any duty or
obligation to her, by force majeur;
33. Plaintiff is barred from any relief or remedy for failure to exhaust administrative remedies;
34. Defendant alleges that she has not knowingly or intentionally waived any applicable affirmative defenses and reserves the right to
assert and rely on such other applicable affirmative defenses as may come available or apparent during discovery proceedings and
further reserve the right to amend this answer and defenses accordingly and to delete defenses if determined are not applicable during
the course of discovery and other proceedings in this case;
35. Punitive damages may not be awarded as an award of punitive damages would violate the Eighth Amendment to the United States
Constitution;
38. Plaintiff is barred from any recovery by the Parole Evidence Rule;
39. Plaintiff is barred from any relief or remedy for lack of standing;
(If the item that this Attachment concems is made under penalty of perjury, all statements in this Page 2 of 3
Attachment are made under penalty of perjury.) (Add, 1s as required)
Ferm Approved for 0 onal use ATTACHMENT ‘www.courtinfo.ca.gov-
‘MC-025 (Rev. July 1, 2008] to Judicial Council Form© ° MC-025
SHORT TITLE: ‘CASE NUMBER:
| NGUYEN vs. HOANG CGC-18-570805
ATTACHMENT (Number): One (1)
(This Attachment may be used with any Judicial Council form.)
40. Plaintiff has failed to join all indispensable parties; as a result of such failure to join, complete relief cannot be accorded to those
already parties to the action and will result in prejudice to defendant in any possible future litigation;
41. Plaintiff's claims are barred, in whole or in part, because some of the parties have been improperly joined in this action;
42. Plaintiff is entitled to a setoff for all amounts paid, payable by or available from collateral sources;
43. Giving the plaintiff the amount she requests in the lawsuit would result in the plaintiff receiving more money than she is entitled to;
and
44. There is a lack of privity between plaintiff and defendant.
(if the item that this Attachment concems is made under penaity of perjury, all statements in this Page 3 of 3
Attachment are made under penalty of perjury.) (Add pages as required)
Fem Approved for Optional Use ATTACHMENT smemcourintoca.aon
MC-025 (Rev. July 4, 2009] to Judicial Council Form, Cc
POS-040
|ATTORNEY OR PARTY WITHOUT ATTORNEY:
NAME: Hanna Hoang, in pro per
STATE BAR NO:
FIRM NAME:
STREET ADDRESS: 33792 Heritage Ct
jerry: Union City STATE: CA IP. CODE: 94587-4305
TELEPHONE NO: (415) 574-7941 FAXNO.
E-MAILADDRESS: awsom138@gmail.com
JATTORNEY FOR (name): Defendant Hanna Hoang, in pro per
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister Street
MAILING ADDRESS: 400 McAllister Street
[CITY AND ZIP CODE: San Francisco CA 94102-4514
BRANCH NAME: Civic Center Couthouse
FOR COURT USE ONLY
Plaintiff/Petitioner: LISA HUYEN NGUYEN
Defendant/Respondent: HANNA HOANG, et al.
CASE NUMBER:
CGC-18-570805
PROOF OF SERVICE—CIVIL
Check method of service (only one):
{] By Personal Service (5<] By Mail
(-] By Messenger Service [1 By Fax
[1] By Overnight Delivery
JUDICIAL OFFICER:
DEPARTMENT:
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
1. Atthe time of service | was over 18 years of age and not a party to this action.
2. My residence or business address is:
704 Kearny St, San Francisco, CA 94108
3. ["_] The fax number from which | served the documents is (complete if service was by fax):
4. On (date): November 21, 2018
"GENERAL DENIAL"
| served the following documents (specify):
(] The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)).
5. [served the documents on the person or persons below, as follows:
a. Name of person served: Crisostomo Guillermo Ibarra, Esq.,
b. [3€] (Complete if service was by personal service, mail, overnight delivery, or messenger service.)
Business or residential address where person was served:
Ibarra Professional Law Corporation, 459 Fulton St Suite 109, San Francisco CA 94102
c. [[_] (Complete if service was by fax.)
Fax number where person was served:
[1 The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service—
Civil (Persons Served) (form POS-040(P)).
6. The documents were served by the following means (specify):
a. [“—] By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) Fora
party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the attomey being served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by
Jeaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For
a party, delivery was made to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and six in the evening.
Page 1 of 3
PROOF OF SERVICE—CIVIL
POS-040 [Rev. February 1, 2017] (Proof of Service)
Code of Civil Procedure, §§ 1011, 1013, 1013a,
2018.5; Cal. Rules of Court, rule 2.306
www .courts.ca.govCASE NAME: CASE NUMBER:
NGUYEN vs. HOANG, et al.
POS-040
6. b. [x] By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one):
(1) [3¢] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) ((_] placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence.
is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
1am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state): San Francisco CA
¢. [_] By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier
and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight
delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
d. (J By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at
the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the
messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)
e. [__] By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents
to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the
record of the fax transmission, which | printed out, is attached.
| declare under penalty of Perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 21, 2018
PHUONG LE
(TYPE OR PRINT NAME OF DECLARANT)
RANT)
(if item 6d above is checked, the declaration below. ‘must be completed or a separate declaration from! messenger must be attached.)
DECLARATION OF MESSENGER
(_] By personal service. | Personally delivered the envelope or Package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by
Papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the
evening. (2) For a party, delivery was made to the party or by leaving the documents at the Party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and six in the evening.
At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding.
| served the envelope or package, as stated above, on (date):
| declare under penalty of Perjury under the laws of the State of California that the foregoing is true and correct.
Date:
>
(NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
POS-040 [Rev. February 1, 2017] PROOF OF SERVICE—CIVIL Page 2 of 3
(Proof of Service)
Preview
MOA A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-26-2018 8:09 am Case Number: CGC-18-570805 Filing Date: Nov-21-2018 8:07 Filed by: CAROL BALISTRERI Image: 06584103 GENERAL DENIAL LISA HUYEN NGUYEN VS. HANNA HOANG ET AL 001006584103 Instructions: Please place this sheet on top of the document to be scanned.© ° PLD-050 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY |_ Hanna Hoang, in pro per 33792 Heritage Ct Union City CA 94587-4305 TeLePHONeNO: (415) 574-7941 (Optional): WAL ADORESS (Optona: aWSOM138@gmail.com. F ] L E D ATTORNEY FOR (Name): Defendant in propria persona SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO San Francieco County Superior Court street appress: 400 McAllister Street OV 21 2018 wauncaooress: 400 McAllister Street N cry anoze cove: San Francisco CA 94102-4514 THE COURT sranc Name: Civic Center Couthouse : ( ’ fb + PLAINTIFF/PETITIONER: LISA HUYEN NGUYEN Br. ‘Deputy Clerk DEFENDANT/RESPONDENT: HANNA HOANG, et al. CASE NUMBER: GENERAL DENIAL CGC-18-570805 'f you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property involved is $1,000 or less. You MAY use this form for a general denial if. 1. The complaint is not verified; or 2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less), BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection. (See Code of Civil Procedure sections 85-86, 90-100, 431.30, and 431.40.) 1. DEFENDANT (name): HANNA HOANG generally denies each and every allegation of plaintiffs complaint. DEFENDANT states the following FACTS as separate affirmative defenses to plaintiffs complaint (attach additional pages if necessary): To all causes of action alleged in the complaint: 2. 1. The complaint, and each cause of action alleged in it, fails to state facts sufficient to constitute a cause of action against Defendant or support the relief and damages claimed; 2. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar by Plaintiff's unclean hands, which conduct extinguishes the right to legal or equitable relief, 3. Plaintiff, at all times relevant to her claims in this matter, and at all times during the term of the contracts alleged in the complaint, had substantially and materially breached her obligations under those contracts, and any other contract between Plaintiff and Defendant. By such breach, Defendant was excused from any performance claimed or actually due Plaintiff under such contracts; (continued on attached additional pages) pa NOV 2.0 2019 HANNA HOANG, in pro per » Ba pnw i (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) Ifyou have a claim for damages or other relief against the plaintiff, the law may require you to state your claim in a special pleading called a cross-complaint or you may lose your right to bring the claim. (See Code of Civil Procedure sections 426.10-426.40.) The original of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiff's attorney and on each plaintiff not represented by an attorney. There are two main ways to serve this General Denial: by personal delivery or by mail. It may be served by anyone at least 18 years of age EXCEPT you or any other party to this legal action. Be sure that whoever serves the General Denial fills out and signs a proof of service. You may use the applicable Judicial Council form (such as form POS-020, POS-030, or POS-040) for the proof of service. Page oft Fe for Code of Civil Procedure, §§ 431.30, 431.40 Sede Counc of Calera GENERAL DENIAL wi cout ca gov PLD-050 [Rev. January 1, 2009}© ° MC-025 SHORT TITLE: ‘CASE NUMBER: | NGUYEN vs. HOANG CGC-18-570805 ATTACHMENT (Number): __One (1) (This Attachment may be used with any Judicial Council form.) 4. By reason of the acts and omissions of the plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of any contract or any duty, or for any other cause; 5. Plaintiff is barred from recovery, because of her breaches of contract, and by her breach of the covenant of good faith and fair dealing, thereby extinguishing and terminating the duties allegedly owed by this answering defendant, and/or reducing or abating the amount of damages to which plaintiffs are entitled, if any; 6. Defendant alleges that she did not breach any duty to plaintiff. 7. Plaintiff, at all times relevant to its claims in this matter, and at all times during the term of the contracts. alleged in the complaint, had substantially and materially breached her obligations under those contracts, and any other contract between Plaintiff and Defendant. By ‘such breach, Defendant was excused from any performance claimed or actually due Plaintiff under such contracts; 8. The complaint is barred by whole or part by laches; 9. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar by Plaintiff's bad faith; 10. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar under the doctrine of estoppel; 11. Plaintiff is barred from maintaining her claims on obtaining the relief sought in the case at bar under the doctrine of waiver and by reason of the acts and omissions of the plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of any contract or any duty, or for any other cause; 12. Defendant specifically denies all allegations, if any, and conclusions of law, if any, to which she did not specifically reply in the General Denial to Plaintiff's Complaint; 13. All or part of the contract or transaction resulted from fraud, deceit or misrepresentation by Plaintiff and/or her agents; 14. Plaintiff violated public policy by engaging in illegal conduct; 15. Defendant alleges that the complaint is unintelligible and uncertain; 16. Defendant alleges that plaintiff is limited or barred from recovery, if any, by the applicable statutes of limitations; 17. Defendant alleges that plaintiff failed to mitigate her damages; 18. Defendant alleges that damages suffered, if any, are a result of comparative fault of plaintiff such that any disbursements from defendant are barred and/or must be adjusted and/or eliminated; 19: By reason of the acts and omissions of the plaintiff, plaintiff has released and discharged defendant from any liability; 20. Plaintiff is barred from any recovery by the Statute of Frauds; (if the item that this Attachment concems is made under penalty of perjury, all statements in this Page 1 of 3 Attachment are made under penalty of perjury.) (Add pages as required) Judicial Council of Califomia s MC-026 [Rev. July 1, 2008] to Judicial Council Form©} ° MC-025 SHORT TITLE: CASE NUMBER: | NGUYEN vs. HOANG CGC-18-570805 ATTACHMENT (Number): One (1) (This Attachment may be used with any Judicial Council form.) 21. Plaintiff is barred from recovering any damages because of plaintiff's own acts of carelessness, negligence and/or other fault, and further, that such carelessness, negligence and/or other fault proximately contributed to the happening of any alleged incidents, injuries, and damages complained of, if any;. 22. Plaintiff has failed to state a claim upon which attorney's fees can be awarded; 23. Plaintiff is barred from asserting any causes of action by virtue of her consent to the alleged acts or conditions; 24. To the extent that plaintiff suffered any damages alleged, such damages were not caused by defendant but by the acts or omissions of plaintiff and/or her agents; 25. Plaintiff is barred from any recovery, because of plaintiff's lack of notice to defendant; 26. In in taking the actions plaintiff alleges defendant has taken, plaintiff assumed the risk of injury and that defendant is not responsible in law or fact for plaintiff's injuries, if any. 27. Plaintiff is barred from any relief, based on plaintiffs violations of State and Local Laws; 28. Plaintiff is barred from any relief, based on fraud by plaintiff and/or her agents; 29. The actions complained of were made without malice or wrongful intent on the part of defendant and in reasonable and good faith belief of her legal right to perform the actions complained of; 30. The complaint fails to state facts sufficient to state any claim upon which an award of punitive damages can be made; 31. Recovery by plaintiff is precluded for failure of the occurrence of a condition precedent; 32. Plaintiff is barred from any relief or remedy and/or defendant was prevented and/or excused from performing any duty or obligation to her, by force majeur; 33. Plaintiff is barred from any relief or remedy for failure to exhaust administrative remedies; 34. Defendant alleges that she has not knowingly or intentionally waived any applicable affirmative defenses and reserves the right to assert and rely on such other applicable affirmative defenses as may come available or apparent during discovery proceedings and further reserve the right to amend this answer and defenses accordingly and to delete defenses if determined are not applicable during the course of discovery and other proceedings in this case; 35. Punitive damages may not be awarded as an award of punitive damages would violate the Eighth Amendment to the United States Constitution; 38. Plaintiff is barred from any recovery by the Parole Evidence Rule; 39. Plaintiff is barred from any relief or remedy for lack of standing; (If the item that this Attachment concems is made under penalty of perjury, all statements in this Page 2 of 3 Attachment are made under penalty of perjury.) (Add, 1s as required) Ferm Approved for 0 onal use ATTACHMENT ‘www.courtinfo.ca.gov- ‘MC-025 (Rev. July 1, 2008] to Judicial Council Form© ° MC-025 SHORT TITLE: ‘CASE NUMBER: | NGUYEN vs. HOANG CGC-18-570805 ATTACHMENT (Number): One (1) (This Attachment may be used with any Judicial Council form.) 40. Plaintiff has failed to join all indispensable parties; as a result of such failure to join, complete relief cannot be accorded to those already parties to the action and will result in prejudice to defendant in any possible future litigation; 41. Plaintiff's claims are barred, in whole or in part, because some of the parties have been improperly joined in this action; 42. Plaintiff is entitled to a setoff for all amounts paid, payable by or available from collateral sources; 43. Giving the plaintiff the amount she requests in the lawsuit would result in the plaintiff receiving more money than she is entitled to; and 44. There is a lack of privity between plaintiff and defendant. (if the item that this Attachment concems is made under penaity of perjury, all statements in this Page 3 of 3 Attachment are made under penalty of perjury.) (Add pages as required) Fem Approved for Optional Use ATTACHMENT smemcourintoca.aon MC-025 (Rev. July 4, 2009] to Judicial Council Form, Cc POS-040 |ATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: Hanna Hoang, in pro per STATE BAR NO: FIRM NAME: STREET ADDRESS: 33792 Heritage Ct jerry: Union City STATE: CA IP. CODE: 94587-4305 TELEPHONE NO: (415) 574-7941 FAXNO. E-MAILADDRESS: awsom138@gmail.com JATTORNEY FOR (name): Defendant Hanna Hoang, in pro per SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street MAILING ADDRESS: 400 McAllister Street [CITY AND ZIP CODE: San Francisco CA 94102-4514 BRANCH NAME: Civic Center Couthouse FOR COURT USE ONLY Plaintiff/Petitioner: LISA HUYEN NGUYEN Defendant/Respondent: HANNA HOANG, et al. CASE NUMBER: CGC-18-570805 PROOF OF SERVICE—CIVIL Check method of service (only one): {] By Personal Service (5<] By Mail (-] By Messenger Service [1 By Fax [1] By Overnight Delivery JUDICIAL OFFICER: DEPARTMENT: Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. 1. Atthe time of service | was over 18 years of age and not a party to this action. 2. My residence or business address is: 704 Kearny St, San Francisco, CA 94108 3. ["_] The fax number from which | served the documents is (complete if service was by fax): 4. On (date): November 21, 2018 "GENERAL DENIAL" | served the following documents (specify): (] The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)). 5. [served the documents on the person or persons below, as follows: a. Name of person served: Crisostomo Guillermo Ibarra, Esq., b. [3€] (Complete if service was by personal service, mail, overnight delivery, or messenger service.) Business or residential address where person was served: Ibarra Professional Law Corporation, 459 Fulton St Suite 109, San Francisco CA 94102 c. [[_] (Complete if service was by fax.) Fax number where person was served: [1 The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service— Civil (Persons Served) (form POS-040(P)). 6. The documents were served by the following means (specify): a. [“—] By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) Fora party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attomey being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by Jeaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. Page 1 of 3 PROOF OF SERVICE—CIVIL POS-040 [Rev. February 1, 2017] (Proof of Service) Code of Civil Procedure, §§ 1011, 1013, 1013a, 2018.5; Cal. Rules of Court, rule 2.306 www .courts.ca.govCASE NAME: CASE NUMBER: NGUYEN vs. HOANG, et al. POS-040 6. b. [x] By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) [3¢] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) ((_] placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence. is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 1am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): San Francisco CA ¢. [_] By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d. (J By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. [__] By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the record of the fax transmission, which | printed out, is attached. | declare under penalty of Perjury under the laws of the State of California that the foregoing is true and correct. Date: November 21, 2018 PHUONG LE (TYPE OR PRINT NAME OF DECLARANT) RANT) (if item 6d above is checked, the declaration below. ‘must be completed or a separate declaration from! messenger must be attached.) DECLARATION OF MESSENGER (_] By personal service. | Personally delivered the envelope or Package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by Papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the Party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding. | served the envelope or package, as stated above, on (date): | declare under penalty of Perjury under the laws of the State of California that the foregoing is true and correct. Date: > (NAME OF DECLARANT) (SIGNATURE OF DECLARANT) POS-040 [Rev. February 1, 2017] PROOF OF SERVICE—CIVIL Page 2 of 3 (Proof of Service)