On January 31, 2017 a
Answer
was filed
involving a dispute between
Chiu, Thai Ming,
Liu, Kaman,
Fu, Bryant,
Lei, Crystal,
and
Chiu, Thai Min,
Chiu, Thai Ming,
Does 1-20, Inclusive,
Liu, Kaman,
Yan, Tina,
for civil
in the District Court of San Francisco County.
Preview
1 Gary M. Kaplan (State Bar No. 155530)
gkaplan@fbm.com
2 Farella Braun + Martel LLP ELECTRONICALLY
235 Montgomery Street, 17th Floor
3 San Francisco, California 94104 F I L E D
Superior Court of California,
Telephone: (415) 954-4400 County of San Francisco
4 Facsimile: (415) 954-4480
07/07/2022
Clerk of the Court
5 Attorneys for Plaintiffs and Cross-Defendants BY: KAREN VALDES
CRYSTAL LEI and BRYANT FU Deputy Clerk
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SAN FRANCISCO
9
10 CRYSTAL LEI and BRYANT FU, Case No. CGC-17-556769
11 Plaintiffs, CROSS-DEFENDANTS CRYSTAL LEI
AND BRYANT FU’S ANSWER TO
12 vs. THAI MING CHIU’S THIRD
AMENDED CROSS-COMPLAINT
13 TINA YAN, individually and as personal
representative of the estate of CHEUK TIN Trial Date: September 28, 2022
14 YAN, deceased; THAI MING CHIU; Time: 9:30 am
KAMAN LIU; and DOES 1-20 inclusive, Dept.: 206
15 The Hon. Samuel K. Feng
Defendants.
16 ____________________________________
THAI MING CHIU,
17 Cross-Complainant
vs.
18
CRYSTAL LEI aka LI MING LEI, BRYANT
19 FU, STELLA CHEN aka HONG XING FU
aka HONG XING CHEN, FU POON
20 CORPORATION, TING CHAM POON and
ROES 1-10,
21
Cross-Defendants
22
23 GENERAL DENIAL
24 Pursuant to California Code of Civil Procedure Section 431.30(d), cross-defendants Crystal
25 Lei and Bryant Fu (“Cross-Defendants”) generally deny and put at issue each and every material
26 allegation contained in Cross-Complainant Thai Ming Chiu (“Chiu”)’s Third Amended Cross-
27 Complaint (the “Chiu Cross-Complaint”). Cross-Defendants further assert that Chiu has not been
28 damaged in the manner alleged by the Cross-Complaint or in any amount whatsoever as a result of
Farella Braun + Martel LLP
41312\14911128.2
235 Montgomery Street, 17th Floor
RD
San Francisco, California 94104
(415) 954-4400
LEI & FU ANSWER TO CHIU 3 AMENDED CROSS-COMPLAINT
Case No. CGC-17-556769
1 the alleged acts or omissions of Cross-Defendants.
2 AFFIRMATIVE DEFENSES
3 Cross-Defendants allege the following affirmative defenses. By alleging the
4 affirmative defenses set forth below, Cross-Defendants are neither agreeing nor conceding they have
5 the burden of proof or the burden of persuasion on any issue with respect thereto.
6 FIRST AFFIRMATIVE DEFENSE
7 The Chiu Cross-Complaint and each cause of action therein fail to state facts sufficient to
8 constitute cause of actions against Cross-Defendants.
9 SECOND AFFIRMATIVE DEFENSE
10 The Chiu Cross-Complaint and each cause of action contained therein are barred by the
11 doctrine of unclean hands.
12 THIRD AFFIRMATIVE DEFENSE
13 The Chiu-Cross-Complaint and each cause of action therein are barred because Chiu lacks
14 standing.
15 FOURTH AFFIRMATIVE DEFENSE
16 The Chiu Cross-Complaint and each cause of action contained therein are barred by
17 applicable statutes of limitations.
18 FIFTH AFFIRMATIVE DEFENSE
19 The Chiu Cross-Complaint and each cause of action contained therein are barred by the
20 principles of claim preclusion and issue preclusion.
21 SIXTH AFFIRMATIVE DEFENSE
22 The Chiu Cross-Complaint and each cause of action contained therein are barred by the
23 doctrine of laches.
24 SEVENTH AFFIRMATIVE DEFENSE
25 The Chiu Cross-Complaint and each cause of action contained therein are barred by the
26 bankruptcy discharge injunction pursuant to 11 U.S.C. § 524.
27 EIGHTH AFFIRMATIVE DEFENSE
28 The Chiu Cross-Complaint and each cause of action contained therein are barred by the
Farella Braun + Martel LLP
2 41312\14911128.2
235 Montgomery Street, 17th Floor
San Francisco, California 94104 RD
(415) 954-4400 LEI & FU ANSWER TO CHIU 3 AMENDED CROSS-COMPLAINT
Case No. CGC-17-556769
1 doctrine of estoppel.
2 NINTH AFFIRMATIVE DEFENSE
3 The Chiu Cross-Complaint and each cause of action contained therein are barred because
4 Cross-Defendants are not liable for the subject judgment sought to be enforced pursuant to the Chiu
5 Cross-Complaint.
6 TENTH AFFIRMATIVE DEFENSE
7 The Chiu Cross-Complaint and each cause of action contained therein are barred by the
8 doctrine of waiver.
9 ELEVENTH AFFIRMATIVE DEFENSE
10 Chiu’s damages, if any, were caused in whole or in part by parties other than the Cross-
11 Defendants, and those parties (rather than Cross-Defendants) are responsible for the damages
12 suffered by Chiu, if any.
13 TWELFTH AFFIRMATIVE DEFENSE
14 Cross-Defendants reserve the right to allege any additional, separate defenses, the
15 availability of which may come to light as this action progresses.
16 WHEREFORE, Cross-Defendants prays as follows:
17 1. That Chiu takes nothing by way of the Chiu Cross-Complaint;
18 2. That Chiu be ordered to pay for all costs, fees and expenses for Cross-Defendants’
19 defense to the Chiu Cross-Complaint;
20 3. That Cross-Defendants be granted such other and further relief as the Court may deem
21 just and proper.
22 Dated: July 7, 2022 FARELLA BRAUN + MARTEL LLP
23
By:
24 Gary M. Kaplan
25 Attorneys for Plaintiffs And Cross-Defendants
CRYSTAL LEI and BRYANT FU
26
27
28
Farella Braun + Martel LLP
3 41312\14911128.2
235 Montgomery Street, 17th Floor
San Francisco, California 94104 RD
(415) 954-4400 LEI & FU ANSWER TO CHIU 3 AMENDED CROSS-COMPLAINT
Case No. CGC-17-556769
1 Bryant Fu and Crystal Lei v. Tina Yan, et al.
Case No. CGC-17-556769
2
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
3
At the time of service, I was over 18 years of age and not a party to this action. I am
4 employed in the County of San Francisco, State of California. My business address is 235
Montgomery Street, 17th Floor, San Francisco, CA 94104.
5
Cross-Defendants Crystal Lei and Bryant Fu’s Answer to Thai Ming Chiu’s Third
6 Amended Cross-Complaint
7 on the interested parties in this action as follows:
8 BY ELECTRONIC SERVICE: I electronically served the documents described above via
File & ServeXpress, on the recipients designated on the Transaction Receipt located on the File &
9 ServeXpress website (https://secure.fileandservexpress.com) pursuant to the Court Order
establishing the case website and authorizing service of documents.
10
Counsel for Stella Chen: Counsel for Thai Ming Chiu, Kaman Liu and
11 Tina Yan:
Charlie W. Yu
The Essential Law Group, PC Mark Lapham
12
Counsel for Thai Ming Chiu and Kaman Liu:
13
Demas Yan
14
BY E-MAIL OR ELECTRONIC TRANSMISSION: I further caused a copy of the
15 documents to be sent from e-mail address abrown@fbm.com to the persons at the e-mail addresses
listed below. I did not receive, within a reasonable time after the transmission, any electronic
16 message or other indication that the transmission was unsuccessful.
17
Attorney for Tina Yan, Thai Ming Chiu, Ting Cham Poon
18 Kaman Liu, and Legal Recovery, LLC: 331A 28th Avenue
San Francisco, CA 94121
William Leeds Disston
19 E-Mail: peterpoon.sf@gmail.com
409 13th Street, Fl 9
20 Oakland, CA 94612
E-Mail: casdiss@yahoo.com
21
I declare under penalty of perjury under the laws of the United States of America that the
22 foregoing is true and correct and that I am employed in the office of a member of the bar of this
Court at whose direction the service was made.
23
Executed on July 7, 2022, at San Francisco, California.
24
25 _____________________________
Alison Brown
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
(415) 954-4400
PROOF OF SERVICE - Case No. CGC-17-556769
Preview
1 Gary M. Kaplan (State Bar No. 155530) gkaplan@fbm.com 2 Farella Braun + Martel LLP ELECTRONICALLY 235 Montgomery Street, 17th Floor 3 San Francisco, California 94104 F I L E D Superior Court of California, Telephone: (415) 954-4400 County of San Francisco 4 Facsimile: (415) 954-4480 07/07/2022 Clerk of the Court 5 Attorneys for Plaintiffs and Cross-Defendants BY: KAREN VALDES CRYSTAL LEI and BRYANT FU Deputy Clerk 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN FRANCISCO 9 10 CRYSTAL LEI and BRYANT FU, Case No. CGC-17-556769 11 Plaintiffs, CROSS-DEFENDANTS CRYSTAL LEI AND BRYANT FU’S ANSWER TO 12 vs. THAI MING CHIU’S THIRD AMENDED CROSS-COMPLAINT 13 TINA YAN, individually and as personal representative of the estate of CHEUK TIN Trial Date: September 28, 2022 14 YAN, deceased; THAI MING CHIU; Time: 9:30 am KAMAN LIU; and DOES 1-20 inclusive, Dept.: 206 15 The Hon. Samuel K. Feng Defendants. 16 ____________________________________ THAI MING CHIU, 17 Cross-Complainant vs. 18 CRYSTAL LEI aka LI MING LEI, BRYANT 19 FU, STELLA CHEN aka HONG XING FU aka HONG XING CHEN, FU POON 20 CORPORATION, TING CHAM POON and ROES 1-10, 21 Cross-Defendants 22 23 GENERAL DENIAL 24 Pursuant to California Code of Civil Procedure Section 431.30(d), cross-defendants Crystal 25 Lei and Bryant Fu (“Cross-Defendants”) generally deny and put at issue each and every material 26 allegation contained in Cross-Complainant Thai Ming Chiu (“Chiu”)’s Third Amended Cross- 27 Complaint (the “Chiu Cross-Complaint”). Cross-Defendants further assert that Chiu has not been 28 damaged in the manner alleged by the Cross-Complaint or in any amount whatsoever as a result of Farella Braun + Martel LLP 41312\14911128.2 235 Montgomery Street, 17th Floor RD San Francisco, California 94104 (415) 954-4400 LEI & FU ANSWER TO CHIU 3 AMENDED CROSS-COMPLAINT Case No. CGC-17-556769 1 the alleged acts or omissions of Cross-Defendants. 2 AFFIRMATIVE DEFENSES 3 Cross-Defendants allege the following affirmative defenses. By alleging the 4 affirmative defenses set forth below, Cross-Defendants are neither agreeing nor conceding they have 5 the burden of proof or the burden of persuasion on any issue with respect thereto. 6 FIRST AFFIRMATIVE DEFENSE 7 The Chiu Cross-Complaint and each cause of action therein fail to state facts sufficient to 8 constitute cause of actions against Cross-Defendants. 9 SECOND AFFIRMATIVE DEFENSE 10 The Chiu Cross-Complaint and each cause of action contained therein are barred by the 11 doctrine of unclean hands. 12 THIRD AFFIRMATIVE DEFENSE 13 The Chiu-Cross-Complaint and each cause of action therein are barred because Chiu lacks 14 standing. 15 FOURTH AFFIRMATIVE DEFENSE 16 The Chiu Cross-Complaint and each cause of action contained therein are barred by 17 applicable statutes of limitations. 18 FIFTH AFFIRMATIVE DEFENSE 19 The Chiu Cross-Complaint and each cause of action contained therein are barred by the 20 principles of claim preclusion and issue preclusion. 21 SIXTH AFFIRMATIVE DEFENSE 22 The Chiu Cross-Complaint and each cause of action contained therein are barred by the 23 doctrine of laches. 24 SEVENTH AFFIRMATIVE DEFENSE 25 The Chiu Cross-Complaint and each cause of action contained therein are barred by the 26 bankruptcy discharge injunction pursuant to 11 U.S.C. § 524. 27 EIGHTH AFFIRMATIVE DEFENSE 28 The Chiu Cross-Complaint and each cause of action contained therein are barred by the Farella Braun + Martel LLP 2 41312\14911128.2 235 Montgomery Street, 17th Floor San Francisco, California 94104 RD (415) 954-4400 LEI & FU ANSWER TO CHIU 3 AMENDED CROSS-COMPLAINT Case No. CGC-17-556769 1 doctrine of estoppel. 2 NINTH AFFIRMATIVE DEFENSE 3 The Chiu Cross-Complaint and each cause of action contained therein are barred because 4 Cross-Defendants are not liable for the subject judgment sought to be enforced pursuant to the Chiu 5 Cross-Complaint. 6 TENTH AFFIRMATIVE DEFENSE 7 The Chiu Cross-Complaint and each cause of action contained therein are barred by the 8 doctrine of waiver. 9 ELEVENTH AFFIRMATIVE DEFENSE 10 Chiu’s damages, if any, were caused in whole or in part by parties other than the Cross- 11 Defendants, and those parties (rather than Cross-Defendants) are responsible for the damages 12 suffered by Chiu, if any. 13 TWELFTH AFFIRMATIVE DEFENSE 14 Cross-Defendants reserve the right to allege any additional, separate defenses, the 15 availability of which may come to light as this action progresses. 16 WHEREFORE, Cross-Defendants prays as follows: 17 1. That Chiu takes nothing by way of the Chiu Cross-Complaint; 18 2. That Chiu be ordered to pay for all costs, fees and expenses for Cross-Defendants’ 19 defense to the Chiu Cross-Complaint; 20 3. That Cross-Defendants be granted such other and further relief as the Court may deem 21 just and proper. 22 Dated: July 7, 2022 FARELLA BRAUN + MARTEL LLP 23 By: 24 Gary M. Kaplan 25 Attorneys for Plaintiffs And Cross-Defendants CRYSTAL LEI and BRYANT FU 26 27 28 Farella Braun + Martel LLP 3 41312\14911128.2 235 Montgomery Street, 17th Floor San Francisco, California 94104 RD (415) 954-4400 LEI & FU ANSWER TO CHIU 3 AMENDED CROSS-COMPLAINT Case No. CGC-17-556769 1 Bryant Fu and Crystal Lei v. Tina Yan, et al. Case No. CGC-17-556769 2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 At the time of service, I was over 18 years of age and not a party to this action. I am 4 employed in the County of San Francisco, State of California. My business address is 235 Montgomery Street, 17th Floor, San Francisco, CA 94104. 5 Cross-Defendants Crystal Lei and Bryant Fu’s Answer to Thai Ming Chiu’s Third 6 Amended Cross-Complaint 7 on the interested parties in this action as follows: 8 BY ELECTRONIC SERVICE: I electronically served the documents described above via File & ServeXpress, on the recipients designated on the Transaction Receipt located on the File & 9 ServeXpress website (https://secure.fileandservexpress.com) pursuant to the Court Order establishing the case website and authorizing service of documents. 10 Counsel for Stella Chen: Counsel for Thai Ming Chiu, Kaman Liu and 11 Tina Yan: Charlie W. Yu The Essential Law Group, PC Mark Lapham 12 Counsel for Thai Ming Chiu and Kaman Liu: 13 Demas Yan 14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I further caused a copy of the 15 documents to be sent from e-mail address abrown@fbm.com to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic 16 message or other indication that the transmission was unsuccessful. 17 Attorney for Tina Yan, Thai Ming Chiu, Ting Cham Poon 18 Kaman Liu, and Legal Recovery, LLC: 331A 28th Avenue San Francisco, CA 94121 William Leeds Disston 19 E-Mail: peterpoon.sf@gmail.com 409 13th Street, Fl 9 20 Oakland, CA 94612 E-Mail: casdiss@yahoo.com 21 I declare under penalty of perjury under the laws of the United States of America that the 22 foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 23 Executed on July 7, 2022, at San Francisco, California. 24 25 _____________________________ Alison Brown 26 27 28 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, California 94104 (415) 954-4400 PROOF OF SERVICE - Case No. CGC-17-556769