Preview
ELECTRONICALLY FILED
Superior Court of California
1 JAMES J. YUKEVICH (SBN 159896) County of Santa Barbara
jyukevich@yukelaw.com Darrel E. Parker, Executive Officer
2 RAYMOND H. HUA (SBN 222466) 9/13/2022 4:49 PM
rhua@yukelaw.com By: Narzralli Baksh, Deputy
3 ERIC M. SOWATSKY (SBN 313908)
esowatsky@yukelaw.com
4 YUKEVICH | CAVANAUGH
355 S. Grand Avenue, 15th Floor
5 Los Angeles, California 90071-1560
Telephone: (213) 362-7777
6 Facsimile: (213) 362-7788
Email: eservice@yukelaw.com
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Attorneys for Defendant INSIGHT
8 ENVIRONMENTAL, INC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA BARBARA, ANACAPA BRANCH
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KHP IV SANTA BARBARA, LLC, CASE NO. 21CV00676
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Plaintiff, DEFENDANT INSIGHT
14 ENVIRONMENTAL, INC.’S ANSWER TO
vs. PLAINTIFF KHP IV SANTA BARBARA,
15 LLC’S UNVERIFIED SECOND
YOUNG BROTHERS CONSTRUCTION AMENDED COMPLAINT; DEMAND
16 COMPANY DBA YOUNG COMPANY; and FOR JURY TRIAL
DOES 1 through 25,
17 Assigned to the Hon. Thomas P. Anderle,
Defendant. Dept. SB3
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Action Filed: February 18, 2021
19 MSC: September 9, 2022
Trial Date: April 5, 2023
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22 Pursuant to California Code of Civil Procedure section 431.30, subdivision (d), Defendant
23 Insight Environmental, Inc. (“Defendant”) submits the following Answer to Plaintiff KHP IV
24 Santa Barbara, LLC’s (“Plaintiff”) unverified Second Amended Complaint (hereinafter, the
25 “Complaint”).
26 GENERAL DENIAL
27 1. Defendant generally and specifically denies each and every allegation and cause of
28 action contained in the Complaint and denies that Plaintiff has sustained damages in any sum, by
2411787.1 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 reason of any act, breach, or omission by Defendant. Defendant further sets forth the following
2 affirmative defenses.
3 AFFIRMATIVE DEFENSES
4 FIRST AFFIRMATIVE DEFENSE
5 (Failure to State a Cause of Action)
6 2. The Complaint, and each and every cause of action therein, fails to state facts
7 sufficient to constitute a cause of action against Defendant.
8 SECOND AFFIRMATIVE DEFENSE
9 (Failure to Mitigate Damages)
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
10 3. Plaintiff is barred from recovery, in whole or in part, because of their failure to
LOS ANGELES, CALIFORNIA 90071-1560
11 mitigate their damages.
CAVANAUGH
Telephone (213) 362-7777
12 THIRD AFFIRMATIVE DEFENSE
Facsimile (213) 362-7788
13 (Statute of Limitations)
14 4. The Complaint and each cause of action in the Complaint are barred by the
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15 applicable statutes of limitation, including Sections 335.1, 337, 338, 339, 340, and 343 of the
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16 Code of Civil Procedure.
17 FOURTH AFFIRMATIVE DEFENSE
18 (Unclean Hands)
19 5. The Unclean Hands Doctrine precludes Plaintiff’s Complaint because of Plaintiff’s
20 bad-faith, unreasonable, and inequitable conduct.
21 FIFTH AFFIRMATIVE DEFENSE
22 (Waiver)
23 6. Plaintiff engaged in conduct that constitutes a waiver of their rights alleged in the
24 Complaint.
25 SIXTH AFFIRMATIVE DEFENSE
26 (No Damages)
27 7. Defendant asserts that even if Plaintiff’s other allegations are true, Plaintiff did not
28 suffer any damages and is thus barred from recovery under the Complaint.
2411787.1 2 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 SEVENTH AFFIRMATIVE DEFENSE
2 (Consent)
3 8. Plaintiff cannot recover under any causes of action in its Complaint because
4 Plaintiff consented to Defendant’s acts and omissions.
5 EIGHTH AFFIRMATIVE DEFENSE
6 (Justification)
7 9. Plaintiff cannot recover under any causes of action in the Complaint because
8 Defendant’s conduct was justified.
9 NINTH AFFIRMATIVE DEFENSE
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
10 (Ratification)
LOS ANGELES, CALIFORNIA 90071-1560
11 10. Plaintiff cannot recover under any causes of action in the Complaint because
CAVANAUGH
Telephone (213) 362-7777
12 Plaintiff ratified Defendant’s conduct.
Facsimile (213) 362-7788
13 TENTH AFFIRMATIVE DEFENSE
14 (Unjust Enrichment)
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15 11. Plaintiff cannot recover under any causes of action in the Complaint because if they
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16 did, Plaintiff would be unjustly enriched.
17 ELEVENTH AFFIRMATIVE DEFENSE
18 (Estoppel)
19 12. Defendant is informed and believes, and based thereon alleges, that the Complaint
20 is barred by the conduct, actions, and inactions of Plaintiff which amount to and constitute an
21 estoppel as to the causes of action therein any relief sought thereby.
22 TWELFTH AFFIRMATIVE DEFENSE
23 (Comparative Fault)
24 13. To the extent Plaintiff has suffered any of the damages alleged in the Complaint,
25 Plaintiff and their agents are responsible in whole or in part for those damages, and Plaintiff’s
26 recovery, if any, is subject to reduction by the amount of that comparative fault.
27 ///
28 ///
2411787.1 3 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 THIRTEENTH AFFIRMATIVE DEFENSE
2 (Fault of Others)
3 14. The damages suffered by Plaintiff, if any, were directly and proximately caused and
4 contributed to by the acts, omissions, carelessness or negligence of persons or entities other than
5 Defendant over whom Defendant had no control. Accordingly, Plaintiff’s recovery, if any, should
6 be diminished to the extent said damages are attributable to said acts, omissions, carelessness or
7 negligence.
8 FOURTEENTH AFFIRMATIVE DEFENSE
9 (Contribution)
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
10 15. Defendant is not liable for the loss and/or damages claimed by Plaintiff, if any.
LOS ANGELES, CALIFORNIA 90071-1560
11 However, if the trier of fact finds that Defendant contributed in some fashion to be the loss and/or
CAVANAUGH
Telephone (213) 362-7777
12 damages alleged by Plaintiff, Defendant is informed and believes, and based thereon alleges, that
Facsimile (213) 362-7788
13 any such contribution is secondary and of a lesser kind, whereas the fault and liability of Plaintiff
14 is primary, active and gross, thereby barring or reducing proportionately Plaintiff’s recovery
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15 herein, if any.
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16 FIFTEENTH AFFIRMATIVE DEFENSE
17 (Offset)
18 16. Defendant alleges that it has suffered damages by reason of the Plaintiff’s conduct,
19 and therefore has the right of offset against any amounts of money that is owed to or due to
20 Plaintiff by way of damages.
21 SIXTEENTH AFFIRMATIVE DEFENSE
22 (Excessive Damages)
23 17. Defendant is informed and believes and, on such information and belief alleges that
24 the amount of damages claimed by Plaintiff is excessive and therefore Plaintiff’s claims are barred
25 and/or should be reduced in accordance with proof at the time of trial.
26 SEVENTEENTH AFFIRMATIVE DEFENSE
27 (Fraud by Plaintiff)
28 18. Defendant is informed and believes, and on such information and belief alleges that
2411787.1 4 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 Plaintiff’s claims are, or may be, partially or completely exonerated due to the fraud of Plaintiff.
2 EIGHTEENTH AFFIRMATIVE DEFENSE
3 (Defendant Acted in Good Faith)
4 19. Plaintiff cannot recover under the Complaint, or any cause of action therein,
5 because at all relevant times, Defendant acted in good faith and with substantial justification.
6 NINETEENTH AFFIRMATIVE DEFENSE
7 (Assumption of the Risk)
8 20. Defendant alleges that Plaintiff expressly, voluntarily, and knowingly assumed all risks
9 about which they complain in their Complaint, and are therefore barred either totally or to the extent of
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
10 their assumption from recovering any and all damages.
LOS ANGELES, CALIFORNIA 90071-1560
11 TWENTIETH AFFIRMATIVE DEFENSE
CAVANAUGH
Telephone (213) 362-7777
12 (Unavoidable Harm)
Facsimile (213) 362-7788
13 21. Defendant alleges that any and all injuries, losses or damages, if any, were the
14 direct and proximate result of an unavoidable incident or condition and, as such, were an act of
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15 God without fault or liability attributed to Defendant.
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16 TWENTY-FIRST AFFIRMATIVE DEFENSE
17 (Laches)
18 22. Plaintiff has unreasonably delayed the commencement of this action to the substantial
19 prejudice of Defendant and by reason thereof have been guilty of laches, and Plaintiff is therefore
20 precluded from recovery in the within action.
21 TWENTY-SECOND AFFIRMATIVE DEFENSE
22 (Contract Terms)
23 23. Plaintiff entered into one or more contracts with Defendant. Pursuant to the terms of
24 the contract(s), Plaintiff agreed (1) to enter into binding arbitration to address any disputes between
25 Plaintiff and Defendant; and (2) that Defendant made “no guarantees or warranties with respect to any
26 of the advice” Defendant renders, and that “any liability for Insight Environmental, Inc. shall be
27 strictly limited to a refund of the inspection fee (not including sample costs).”
28 ///
2411787.1 5 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 TWENTY-THIRD AFFIRMATIVE DEFENSE
2 (Economic Loss Doctrine)
3 24. Plaintiff cannot recover under any causes of action in the Complaint because all
4 claims therein are barred and/or reduced by the economic loss doctrine.
5 TWENTY-FOURTH AFFIRMATIVE DEFENSE
6 (Reservation of Right to Amend Answer)
7 25. Defendant presently has insufficient knowledge and information upon which to
8 form a belief as to whether there may be additional, as yet unstated, affirmative defenses available.
9 Defendant, therefore, reserves the right to amend its Answer to assert any additional affirmative
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
10 defenses that may be discovered in the future.
LOS ANGELES, CALIFORNIA 90071-1560
11 PRAYER FOR RELIEF
CAVANAUGH
Telephone (213) 362-7777
12 WHEREFORE, Defendant prays for judgment as follows:
Facsimile (213) 362-7788
13 1. That the Complaint be dismissed, and that Plaintiff take nothing by virtue of this
14 action;
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15 2. That judgment be entered in favor of Defendant;
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16 3. For attorneys’ fees and costs of suit, as permitted by law; and
17 4. For such other and further relief that this Court deems just and proper.
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19 DATED: September 12, 2022 YUKEVICH | CAVANAUGH
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By:
22 James J. Yukevich
Raymond H. Hua
23 Eric M. Sowatsky
Attorneys for Defendant INSIGHT
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ENVIRONMENTAL, INC.
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2411787.1 6 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 DEMAND FOR JURY TRIAL
2 Defendant INSIGHT ENVIRONMENTAL, INC. hereby demands a trial by jury.
3
4 DATED: September 12, 2022 YUKEVICH | CAVANAUGH
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By:
7 James J. Yukevich
Raymond H. Hua
8 Eric M. Sowatsky
Attorneys for Defendant INSIGHT
9
ENVIRONMENTAL, INC.
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
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LOS ANGELES, CALIFORNIA 90071-1560
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CAVANAUGH
Telephone (213) 362-7777
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Facsimile (213) 362-7788
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2411787.1 7 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 PROOF OF SERVICE
2 KHP IV Santa Barbara, LLC v. Young Brothers Construction Company et al.
Santa Barbara Superior Court, Case No. 21CV00676
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Los Angeles, State of California. My business address is 355 South
Grand Avenue, Fifteenth Floor, Los Angeles, CA 90071-1560.
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On September 12, 2022, I served true copies of the following document(s) described as
7 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO PLAINTIFF KHP IV
SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT;
8 DEMAND FOR JURY TRIAL on the interested parties in this action as follows:
9 SEE ATTACHED SERVICE LIST
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
10 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
LOS ANGELES, CALIFORNIA 90071-1560
11 document(s) to be sent from e-mail address kthompson@yukelaw.com to the persons at the e-mail
addresses listed in the Service List. I did not receive, within a reasonable time after the
CAVANAUGH
Telephone (213) 362-7777
12 transmission, any electronic message or other indication that the transmission was unsuccessful.
Facsimile (213) 362-7788
13 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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Executed on September 12, 2022, at Los Angeles, California.
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2411787.1 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
1 SERVICE LIST
KHP IV Santa Barbara, LLC v. Young Brothers Construction Company et al.
2 Santa Barbara Superior Court, Case No. 21CV00676
3 Sevan Gobel, Esq. Attorneys for Plaintiff
Artin Avetisove, Esq. KHP IV SANTA BARBARA, LLC
4 LAGASSE BRANCH BELL &
KINKEAD LLP Telephone: (213) 817-9152
5 626 Wilshire Blvd, Suite 1000 Facsimile: (213) 817-9154
Los Angeles, CA 900178 Email: sgobel@lbbklaw.com
6 aavetisove@lbbklaw.com
eizaguirre@lbbklaw.com
7 lrodriguez@lbbklaw.com
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Alex M. Giannetto, Esq. Attorneys for Defendant
9 Christina Matian, Esq. YOUNG BROTHERS CONSTRUCTION
BREMER WHYTE BROWN & COMPANY dba YOUNG COMPANY
355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR
10 O’MEARA LLP
501 West Broadway, Suite 1700 Telephone: (619) 236-0048
LOS ANGELES, CALIFORNIA 90071-1560
11 San Diego, CA 92101 Facsimile: (619) 236-0047
agiannetto@bremerwhyte.com
CAVANAUGH
Telephone (213) 362-7777
12 cmatian@bremerwhyte.com
Facsimile (213) 362-7788
dmartinez@bremerwhyte.com
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2411787.1 Case No. 21CV00676
DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S
UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
Preview
ELECTRONICALLY FILED Superior Court of California 1 JAMES J. YUKEVICH (SBN 159896) County of Santa Barbara jyukevich@yukelaw.com Darrel E. Parker, Executive Officer 2 RAYMOND H. HUA (SBN 222466) 9/13/2022 4:49 PM rhua@yukelaw.com By: Narzralli Baksh, Deputy 3 ERIC M. SOWATSKY (SBN 313908) esowatsky@yukelaw.com 4 YUKEVICH | CAVANAUGH 355 S. Grand Avenue, 15th Floor 5 Los Angeles, California 90071-1560 Telephone: (213) 362-7777 6 Facsimile: (213) 362-7788 Email: eservice@yukelaw.com 7 Attorneys for Defendant INSIGHT 8 ENVIRONMENTAL, INC. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA BARBARA, ANACAPA BRANCH 11 12 KHP IV SANTA BARBARA, LLC, CASE NO. 21CV00676 13 Plaintiff, DEFENDANT INSIGHT 14 ENVIRONMENTAL, INC.’S ANSWER TO vs. PLAINTIFF KHP IV SANTA BARBARA, 15 LLC’S UNVERIFIED SECOND YOUNG BROTHERS CONSTRUCTION AMENDED COMPLAINT; DEMAND 16 COMPANY DBA YOUNG COMPANY; and FOR JURY TRIAL DOES 1 through 25, 17 Assigned to the Hon. Thomas P. Anderle, Defendant. Dept. SB3 18 Action Filed: February 18, 2021 19 MSC: September 9, 2022 Trial Date: April 5, 2023 20 21 22 Pursuant to California Code of Civil Procedure section 431.30, subdivision (d), Defendant 23 Insight Environmental, Inc. (“Defendant”) submits the following Answer to Plaintiff KHP IV 24 Santa Barbara, LLC’s (“Plaintiff”) unverified Second Amended Complaint (hereinafter, the 25 “Complaint”). 26 GENERAL DENIAL 27 1. Defendant generally and specifically denies each and every allegation and cause of 28 action contained in the Complaint and denies that Plaintiff has sustained damages in any sum, by 2411787.1 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 reason of any act, breach, or omission by Defendant. Defendant further sets forth the following 2 affirmative defenses. 3 AFFIRMATIVE DEFENSES 4 FIRST AFFIRMATIVE DEFENSE 5 (Failure to State a Cause of Action) 6 2. The Complaint, and each and every cause of action therein, fails to state facts 7 sufficient to constitute a cause of action against Defendant. 8 SECOND AFFIRMATIVE DEFENSE 9 (Failure to Mitigate Damages) 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 3. Plaintiff is barred from recovery, in whole or in part, because of their failure to LOS ANGELES, CALIFORNIA 90071-1560 11 mitigate their damages. CAVANAUGH Telephone (213) 362-7777 12 THIRD AFFIRMATIVE DEFENSE Facsimile (213) 362-7788 13 (Statute of Limitations) 14 4. The Complaint and each cause of action in the Complaint are barred by the | 15 applicable statutes of limitation, including Sections 335.1, 337, 338, 339, 340, and 343 of the YUKEVICH 16 Code of Civil Procedure. 17 FOURTH AFFIRMATIVE DEFENSE 18 (Unclean Hands) 19 5. The Unclean Hands Doctrine precludes Plaintiff’s Complaint because of Plaintiff’s 20 bad-faith, unreasonable, and inequitable conduct. 21 FIFTH AFFIRMATIVE DEFENSE 22 (Waiver) 23 6. Plaintiff engaged in conduct that constitutes a waiver of their rights alleged in the 24 Complaint. 25 SIXTH AFFIRMATIVE DEFENSE 26 (No Damages) 27 7. Defendant asserts that even if Plaintiff’s other allegations are true, Plaintiff did not 28 suffer any damages and is thus barred from recovery under the Complaint. 2411787.1 2 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 SEVENTH AFFIRMATIVE DEFENSE 2 (Consent) 3 8. Plaintiff cannot recover under any causes of action in its Complaint because 4 Plaintiff consented to Defendant’s acts and omissions. 5 EIGHTH AFFIRMATIVE DEFENSE 6 (Justification) 7 9. Plaintiff cannot recover under any causes of action in the Complaint because 8 Defendant’s conduct was justified. 9 NINTH AFFIRMATIVE DEFENSE 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 (Ratification) LOS ANGELES, CALIFORNIA 90071-1560 11 10. Plaintiff cannot recover under any causes of action in the Complaint because CAVANAUGH Telephone (213) 362-7777 12 Plaintiff ratified Defendant’s conduct. Facsimile (213) 362-7788 13 TENTH AFFIRMATIVE DEFENSE 14 (Unjust Enrichment) | 15 11. Plaintiff cannot recover under any causes of action in the Complaint because if they YUKEVICH 16 did, Plaintiff would be unjustly enriched. 17 ELEVENTH AFFIRMATIVE DEFENSE 18 (Estoppel) 19 12. Defendant is informed and believes, and based thereon alleges, that the Complaint 20 is barred by the conduct, actions, and inactions of Plaintiff which amount to and constitute an 21 estoppel as to the causes of action therein any relief sought thereby. 22 TWELFTH AFFIRMATIVE DEFENSE 23 (Comparative Fault) 24 13. To the extent Plaintiff has suffered any of the damages alleged in the Complaint, 25 Plaintiff and their agents are responsible in whole or in part for those damages, and Plaintiff’s 26 recovery, if any, is subject to reduction by the amount of that comparative fault. 27 /// 28 /// 2411787.1 3 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 THIRTEENTH AFFIRMATIVE DEFENSE 2 (Fault of Others) 3 14. The damages suffered by Plaintiff, if any, were directly and proximately caused and 4 contributed to by the acts, omissions, carelessness or negligence of persons or entities other than 5 Defendant over whom Defendant had no control. Accordingly, Plaintiff’s recovery, if any, should 6 be diminished to the extent said damages are attributable to said acts, omissions, carelessness or 7 negligence. 8 FOURTEENTH AFFIRMATIVE DEFENSE 9 (Contribution) 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 15. Defendant is not liable for the loss and/or damages claimed by Plaintiff, if any. LOS ANGELES, CALIFORNIA 90071-1560 11 However, if the trier of fact finds that Defendant contributed in some fashion to be the loss and/or CAVANAUGH Telephone (213) 362-7777 12 damages alleged by Plaintiff, Defendant is informed and believes, and based thereon alleges, that Facsimile (213) 362-7788 13 any such contribution is secondary and of a lesser kind, whereas the fault and liability of Plaintiff 14 is primary, active and gross, thereby barring or reducing proportionately Plaintiff’s recovery | 15 herein, if any. YUKEVICH 16 FIFTEENTH AFFIRMATIVE DEFENSE 17 (Offset) 18 16. Defendant alleges that it has suffered damages by reason of the Plaintiff’s conduct, 19 and therefore has the right of offset against any amounts of money that is owed to or due to 20 Plaintiff by way of damages. 21 SIXTEENTH AFFIRMATIVE DEFENSE 22 (Excessive Damages) 23 17. Defendant is informed and believes and, on such information and belief alleges that 24 the amount of damages claimed by Plaintiff is excessive and therefore Plaintiff’s claims are barred 25 and/or should be reduced in accordance with proof at the time of trial. 26 SEVENTEENTH AFFIRMATIVE DEFENSE 27 (Fraud by Plaintiff) 28 18. Defendant is informed and believes, and on such information and belief alleges that 2411787.1 4 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 Plaintiff’s claims are, or may be, partially or completely exonerated due to the fraud of Plaintiff. 2 EIGHTEENTH AFFIRMATIVE DEFENSE 3 (Defendant Acted in Good Faith) 4 19. Plaintiff cannot recover under the Complaint, or any cause of action therein, 5 because at all relevant times, Defendant acted in good faith and with substantial justification. 6 NINETEENTH AFFIRMATIVE DEFENSE 7 (Assumption of the Risk) 8 20. Defendant alleges that Plaintiff expressly, voluntarily, and knowingly assumed all risks 9 about which they complain in their Complaint, and are therefore barred either totally or to the extent of 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 their assumption from recovering any and all damages. LOS ANGELES, CALIFORNIA 90071-1560 11 TWENTIETH AFFIRMATIVE DEFENSE CAVANAUGH Telephone (213) 362-7777 12 (Unavoidable Harm) Facsimile (213) 362-7788 13 21. Defendant alleges that any and all injuries, losses or damages, if any, were the 14 direct and proximate result of an unavoidable incident or condition and, as such, were an act of | 15 God without fault or liability attributed to Defendant. YUKEVICH 16 TWENTY-FIRST AFFIRMATIVE DEFENSE 17 (Laches) 18 22. Plaintiff has unreasonably delayed the commencement of this action to the substantial 19 prejudice of Defendant and by reason thereof have been guilty of laches, and Plaintiff is therefore 20 precluded from recovery in the within action. 21 TWENTY-SECOND AFFIRMATIVE DEFENSE 22 (Contract Terms) 23 23. Plaintiff entered into one or more contracts with Defendant. Pursuant to the terms of 24 the contract(s), Plaintiff agreed (1) to enter into binding arbitration to address any disputes between 25 Plaintiff and Defendant; and (2) that Defendant made “no guarantees or warranties with respect to any 26 of the advice” Defendant renders, and that “any liability for Insight Environmental, Inc. shall be 27 strictly limited to a refund of the inspection fee (not including sample costs).” 28 /// 2411787.1 5 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 TWENTY-THIRD AFFIRMATIVE DEFENSE 2 (Economic Loss Doctrine) 3 24. Plaintiff cannot recover under any causes of action in the Complaint because all 4 claims therein are barred and/or reduced by the economic loss doctrine. 5 TWENTY-FOURTH AFFIRMATIVE DEFENSE 6 (Reservation of Right to Amend Answer) 7 25. Defendant presently has insufficient knowledge and information upon which to 8 form a belief as to whether there may be additional, as yet unstated, affirmative defenses available. 9 Defendant, therefore, reserves the right to amend its Answer to assert any additional affirmative 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 defenses that may be discovered in the future. LOS ANGELES, CALIFORNIA 90071-1560 11 PRAYER FOR RELIEF CAVANAUGH Telephone (213) 362-7777 12 WHEREFORE, Defendant prays for judgment as follows: Facsimile (213) 362-7788 13 1. That the Complaint be dismissed, and that Plaintiff take nothing by virtue of this 14 action; | 15 2. That judgment be entered in favor of Defendant; YUKEVICH 16 3. For attorneys’ fees and costs of suit, as permitted by law; and 17 4. For such other and further relief that this Court deems just and proper. 18 19 DATED: September 12, 2022 YUKEVICH | CAVANAUGH 20 21 By: 22 James J. Yukevich Raymond H. Hua 23 Eric M. Sowatsky Attorneys for Defendant INSIGHT 24 ENVIRONMENTAL, INC. 25 26 27 28 2411787.1 6 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 DEMAND FOR JURY TRIAL 2 Defendant INSIGHT ENVIRONMENTAL, INC. hereby demands a trial by jury. 3 4 DATED: September 12, 2022 YUKEVICH | CAVANAUGH 5 6 By: 7 James J. Yukevich Raymond H. Hua 8 Eric M. Sowatsky Attorneys for Defendant INSIGHT 9 ENVIRONMENTAL, INC. 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 LOS ANGELES, CALIFORNIA 90071-1560 11 CAVANAUGH Telephone (213) 362-7777 12 Facsimile (213) 362-7788 13 14 | 15 YUKEVICH 16 17 18 19 20 21 22 23 24 25 26 27 28 2411787.1 7 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 PROOF OF SERVICE 2 KHP IV Santa Barbara, LLC v. Young Brothers Construction Company et al. Santa Barbara Superior Court, Case No. 21CV00676 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Los Angeles, State of California. My business address is 355 South Grand Avenue, Fifteenth Floor, Los Angeles, CA 90071-1560. 6 On September 12, 2022, I served true copies of the following document(s) described as 7 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO PLAINTIFF KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; 8 DEMAND FOR JURY TRIAL on the interested parties in this action as follows: 9 SEE ATTACHED SERVICE LIST 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the LOS ANGELES, CALIFORNIA 90071-1560 11 document(s) to be sent from e-mail address kthompson@yukelaw.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the CAVANAUGH Telephone (213) 362-7777 12 transmission, any electronic message or other indication that the transmission was unsuccessful. Facsimile (213) 362-7788 13 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 14 Executed on September 12, 2022, at Los Angeles, California. | 15 YUKEVICH 16 17 18 19 Karen D Thompson 20 21 22 23 24 25 26 27 28 2411787.1 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 1 SERVICE LIST KHP IV Santa Barbara, LLC v. Young Brothers Construction Company et al. 2 Santa Barbara Superior Court, Case No. 21CV00676 3 Sevan Gobel, Esq. Attorneys for Plaintiff Artin Avetisove, Esq. KHP IV SANTA BARBARA, LLC 4 LAGASSE BRANCH BELL & KINKEAD LLP Telephone: (213) 817-9152 5 626 Wilshire Blvd, Suite 1000 Facsimile: (213) 817-9154 Los Angeles, CA 900178 Email: sgobel@lbbklaw.com 6 aavetisove@lbbklaw.com eizaguirre@lbbklaw.com 7 lrodriguez@lbbklaw.com 8 Alex M. Giannetto, Esq. Attorneys for Defendant 9 Christina Matian, Esq. YOUNG BROTHERS CONSTRUCTION BREMER WHYTE BROWN & COMPANY dba YOUNG COMPANY 355 SOUTH GRAND AVENUE, FIFTEENTH FLOOR 10 O’MEARA LLP 501 West Broadway, Suite 1700 Telephone: (619) 236-0048 LOS ANGELES, CALIFORNIA 90071-1560 11 San Diego, CA 92101 Facsimile: (619) 236-0047 agiannetto@bremerwhyte.com CAVANAUGH Telephone (213) 362-7777 12 cmatian@bremerwhyte.com Facsimile (213) 362-7788 dmartinez@bremerwhyte.com 13 14 | 15 YUKEVICH 16 17 18 19 20 21 22 23 24 25 26 27 28 2411787.1 Case No. 21CV00676 DEFENDANT INSIGHT ENVIRONMENTAL, INC.’S ANSWER TO KHP IV SANTA BARBARA, LLC’S UNVERIFIED SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL