On June 21, 2022 a
No Value
was filed
involving a dispute between
Faith Owolabi,
and
Rosa Edelmira Mendoza,
for 23-CV Other PI/PD/WD - Civil Unlimited
in the District Court of Kern County.
Preview
1 Yvonne Birch, State Bar No. 195665
MARK R. WEINER & ASSOCIATES
2 Employees of the Law Department
State Farm Mutual Automobile Insurance Company
3 655 North Central Avenue, 12th Floor
Glendale, California 91203-1434
4 Telephone: (818) 543-4000 / FAX: (855) 396-3606
E-Mail Address: Cali.Law-Glendale@StateFarm.com
5
Attorneys for defendant Rosa Edelmira Mendoza
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7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF KERN
10
11 Faith Owolabi, ) NO. BCV-22-101559
) Complaint Filed: June 22, 2022
12 Plaintiff, ) Judge:
) Department: H
13 v. ) Trial Date: None Assigned
)
14 Rosa Edelmira Mendoza, and DOES 1 through ) ANSWER TO COMPLAINT ON
25, inclusive, ) BEHALF OF DEFENDANT ROSA
15 ) EDELMIRA MENDOZA; DEMAND FOR
Defendants. ) TRIAL BY JURY
16 )
)
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19 Rosa Edelmira Mendoza answers the unverified original complaint of Faith Owolabi on
20 file herein as follows:
21
22 1. By virtue of Code of Civil Procedure section 431.30, this answering defendant
23 denies each and every allegation contained in the original complaint insofar as said allegations
24 refer to this answering defendant and further denies that plaintiff has been damaged in the sum or
25 sums alleged, or in any other sum or sums, or at all.
26 ///
27 ///
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ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY
1 FIRST, SEPARATE AND AFFIRMATIVE DEFENSE
2 TO THE ENTIRE COMPLAINT
3 (COMPARATIVE NEGLIGENCE)
4
5 2. If plaintiff suffered or sustained any loss, damage or injury as alleged in the
6 complaint, such loss, damage or injury was proximately caused and contributed to by plaintiff
7 failing to conduct herself in a manner expected of a reasonably prudent person in the conduct of
8 her affairs and person. Plaintiff's recovery herein is barred, diminished or reduced to the extent
9 that plaintiff's loss, damage or injury is attributed to plaintiff's negligence.
10
11 SECOND, SEPARATE AND AFFIRMATIVE DEFENSE
12 TO THE ENTIRE COMPLAINT
13 (FAILURE TO STATE A CAUSE OF ACTION)
14
15 3. Plaintiff has failed to allege facts sufficient to constitute a cause of action against
16 this answering defendant.
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18 THIRD, SEPARATE AND AFFIRMATIVE DEFENSE
19 TO THE ENTIRE COMPLAINT
20 (APPORTIONMENT)
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22 4. If plaintiff suffered or sustained any damages as alleged in the complaint, those
23 damages were proximately caused and contributed to by persons other than this answering
24 defendant, including but not limited to Doe defendants. The liability of all defendants, named or
25 unnamed, should be apportioned according to their relative degrees of fault, and the liability, if
26 any, of this answering defendant should be reduced accordingly.
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-2-
ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY
1 FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE
2 TO THE ENTIRE COMPLAINT
3 (FAILURE TO MITIGATE DAMAGES)
4
5 5. Plaintiff's recovery is reduced or diminished by plaintiff's failure to mitigate
6 plaintiff's damages.
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8 WHEREFORE this answering defendant prays:
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10 1. That the plaintiff take nothing by her complaint;
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12 2. For costs of the suit incurred herein; and
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14 3. For such other and further relief as the Court may deem just and proper.
15
16 DATED: August 8, 2022
17 MARK R. WEINER & ASSOCIATES
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19
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By:
21 Yvonne Birch
Attorneys for defendant Rosa Edelmira Mendoza
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ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY
1
2 DEMAND FOR JURY TRIAL
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4 Defendant hereby demands a trial by jury in the above-referenced matter.
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6 DATED: August 8, 2022
7 MARK R. WEINER & ASSOCIATES
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By:
11 Yvonne Birch
Attorneys for defendant Rosa Edelmira Mendoza
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ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY
1 PROOF OF SERVICE
2 I Rosana Koulian declare as follows:
3 1. I am over the age of 18 and not a party to this action. My business address is 655
North Central Avenue, 12th Floor, Glendale, California 91203, which is located in Los Angeles
4 County, the county where this mailing occurred.
5 2. On August 8, 2022, I served the document entitled ANSWER TO COMPLAINT AND
DEMAND FOR TRIAL BY JURY on the interested parties in this action as follows:
6
☐ BY MAIL: By placing a true copy thereof enclosed in a sealed envelope with postage
7 fully paid addressed as follows: See ATTACHED SERVICE LIST. I am readily familiar with
the business’ practice for collection and processing of correspondence for mailing with the
8 United States Postal Service. Correspondence so collected and processed is deposited with the
United States Postal Service the same day in the ordinary course of business.
9 ☐ BY OVERNIGHT COURIER: By placing a true copy thereof enclosed in a sealed
envelope or package designated by UPS with delivery fees fully paid or provided for and
10 depositing the envelope/package in a box or other facility regularly maintained by UPS or
delivered to a courier or driver authorized by UPS to receive documents, for next day delivery
11 to the address(es) on the ATTACHED SERVICE LIST.
☐ BY FACSIMILE: From facsimile number (855) 396-3606 to the person(s) and
12 facsimile number(s) listed on the ATTACHED SERVICE LIST. The facsimile transmission
was reported complete and without error. The signed proof of service with transmission report
13 will be faxed separately.
☒ BY ELECTRONIC SERVICE: from my email address cali.law-
14 Koulian@statefarm.com to the e-mail address(es) listed on the ATTACHED SERVICE LIST.
15 ☐ BY PERSONAL SERVICE: By placing a true copy thereof enclosed in a sealed
envelope and by causing to it be delivered to the attorney(s) or person(s) named on the
16 ATTACHED SERVICE LIST at the address(es) listed on the ATTACHED SERVICE LIST or
to the receptionist or other person thereat having charge thereof.
17
I declare under penalty of perjury under the laws of the State of California that the
18 foregoing is true and correct.
19 Executed August _8__, 2022
20 ~)IY
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22 Rosana Koulian
23
Owolabi v. Mendoza/YB
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PROOF OF SERVICE
1 SERVICE LIST
2 Owolabi v. Mendoza
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Attorneys for: Plaintiff Faith Owolabi
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5 David C. Shay
Vaziri Law Group, APC
6 5757 Wilshire Blvd. #670
Los Angeles, CA 90036
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Email: dshay@vazirilaw.com; dsteam@vazirilaw.com
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PROOF OF SERVICE
Document Filed Date
August 08, 2022
Case Filing Date
June 21, 2022
Category
23-CV Other PI/PD/WD - Civil Unlimited
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1 Yvonne Birch, State Bar No. 195665 MARK R. WEINER & ASSOCIATES 2 Employees of the Law Department State Farm Mutual Automobile Insurance Company 3 655 North Central Avenue, 12th Floor Glendale, California 91203-1434 4 Telephone: (818) 543-4000 / FAX: (855) 396-3606 E-Mail Address: Cali.Law-Glendale@StateFarm.com 5 Attorneys for defendant Rosa Edelmira Mendoza 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN 10 11 Faith Owolabi, ) NO. BCV-22-101559 ) Complaint Filed: June 22, 2022 12 Plaintiff, ) Judge: ) Department: H 13 v. ) Trial Date: None Assigned ) 14 Rosa Edelmira Mendoza, and DOES 1 through ) ANSWER TO COMPLAINT ON 25, inclusive, ) BEHALF OF DEFENDANT ROSA 15 ) EDELMIRA MENDOZA; DEMAND FOR Defendants. ) TRIAL BY JURY 16 ) ) 17 18 19 Rosa Edelmira Mendoza answers the unverified original complaint of Faith Owolabi on 20 file herein as follows: 21 22 1. By virtue of Code of Civil Procedure section 431.30, this answering defendant 23 denies each and every allegation contained in the original complaint insofar as said allegations 24 refer to this answering defendant and further denies that plaintiff has been damaged in the sum or 25 sums alleged, or in any other sum or sums, or at all. 26 /// 27 /// 28 -1- ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY 1 FIRST, SEPARATE AND AFFIRMATIVE DEFENSE 2 TO THE ENTIRE COMPLAINT 3 (COMPARATIVE NEGLIGENCE) 4 5 2. If plaintiff suffered or sustained any loss, damage or injury as alleged in the 6 complaint, such loss, damage or injury was proximately caused and contributed to by plaintiff 7 failing to conduct herself in a manner expected of a reasonably prudent person in the conduct of 8 her affairs and person. Plaintiff's recovery herein is barred, diminished or reduced to the extent 9 that plaintiff's loss, damage or injury is attributed to plaintiff's negligence. 10 11 SECOND, SEPARATE AND AFFIRMATIVE DEFENSE 12 TO THE ENTIRE COMPLAINT 13 (FAILURE TO STATE A CAUSE OF ACTION) 14 15 3. Plaintiff has failed to allege facts sufficient to constitute a cause of action against 16 this answering defendant. 17 18 THIRD, SEPARATE AND AFFIRMATIVE DEFENSE 19 TO THE ENTIRE COMPLAINT 20 (APPORTIONMENT) 21 22 4. If plaintiff suffered or sustained any damages as alleged in the complaint, those 23 damages were proximately caused and contributed to by persons other than this answering 24 defendant, including but not limited to Doe defendants. The liability of all defendants, named or 25 unnamed, should be apportioned according to their relative degrees of fault, and the liability, if 26 any, of this answering defendant should be reduced accordingly. 27 28 -2- ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY 1 FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE 2 TO THE ENTIRE COMPLAINT 3 (FAILURE TO MITIGATE DAMAGES) 4 5 5. Plaintiff's recovery is reduced or diminished by plaintiff's failure to mitigate 6 plaintiff's damages. 7 8 WHEREFORE this answering defendant prays: 9 10 1. That the plaintiff take nothing by her complaint; 11 12 2. For costs of the suit incurred herein; and 13 14 3. For such other and further relief as the Court may deem just and proper. 15 16 DATED: August 8, 2022 17 MARK R. WEINER & ASSOCIATES 18 19 20 By: 21 Yvonne Birch Attorneys for defendant Rosa Edelmira Mendoza 22 23 24 25 26 27 28 -3- ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY 1 2 DEMAND FOR JURY TRIAL 3 4 Defendant hereby demands a trial by jury in the above-referenced matter. 5 6 DATED: August 8, 2022 7 MARK R. WEINER & ASSOCIATES 8 9 10 By: 11 Yvonne Birch Attorneys for defendant Rosa Edelmira Mendoza 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY 1 PROOF OF SERVICE 2 I Rosana Koulian declare as follows: 3 1. I am over the age of 18 and not a party to this action. My business address is 655 North Central Avenue, 12th Floor, Glendale, California 91203, which is located in Los Angeles 4 County, the county where this mailing occurred. 5 2. On August 8, 2022, I served the document entitled ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY on the interested parties in this action as follows: 6 ☐ BY MAIL: By placing a true copy thereof enclosed in a sealed envelope with postage 7 fully paid addressed as follows: See ATTACHED SERVICE LIST. I am readily familiar with the business’ practice for collection and processing of correspondence for mailing with the 8 United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service the same day in the ordinary course of business. 9 ☐ BY OVERNIGHT COURIER: By placing a true copy thereof enclosed in a sealed envelope or package designated by UPS with delivery fees fully paid or provided for and 10 depositing the envelope/package in a box or other facility regularly maintained by UPS or delivered to a courier or driver authorized by UPS to receive documents, for next day delivery 11 to the address(es) on the ATTACHED SERVICE LIST. ☐ BY FACSIMILE: From facsimile number (855) 396-3606 to the person(s) and 12 facsimile number(s) listed on the ATTACHED SERVICE LIST. The facsimile transmission was reported complete and without error. The signed proof of service with transmission report 13 will be faxed separately. ☒ BY ELECTRONIC SERVICE: from my email address cali.law- 14 Koulian@statefarm.com to the e-mail address(es) listed on the ATTACHED SERVICE LIST. 15 ☐ BY PERSONAL SERVICE: By placing a true copy thereof enclosed in a sealed envelope and by causing to it be delivered to the attorney(s) or person(s) named on the 16 ATTACHED SERVICE LIST at the address(es) listed on the ATTACHED SERVICE LIST or to the receptionist or other person thereat having charge thereof. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 Executed August _8__, 2022 20 ~)IY 21 22 Rosana Koulian 23 Owolabi v. Mendoza/YB 24 25 26 27 28 -1- PROOF OF SERVICE 1 SERVICE LIST 2 Owolabi v. Mendoza 3 Attorneys for: Plaintiff Faith Owolabi 4 5 David C. Shay Vaziri Law Group, APC 6 5757 Wilshire Blvd. #670 Los Angeles, CA 90036 7 Email: dshay@vazirilaw.com; dsteam@vazirilaw.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- PROOF OF SERVICE