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1 MARGO A. RAISON,COUNTY COUNSEL
By: Andrew C. Hamilton, Deputy(SEN 299877)
2 Kathleen S. Rivera, Deputy(SEN 211606)
Kern County Administrative Center !
3 1115 Truxtxm Avenue, Fourth Floor
Eakersfield, CA 93301
4 Telephone:(661)868-3800
Facsimile:(661)868-3805
5 Email: ahamilton@kemcounty.com
6 Attomeys for Defendant, County ofKem [Exempt from filing fees, Gov. Code,§ 6103]
7
8 SUPERIOR COURT OF CALIFORNIA
9 FOR THE COUNTY OF KERN - METROPOLITAN DIVISION
10 M.M., Case No.ECV-22-101564 JEE
11 Plaintiff, DEFENDANT COUNTY OF KERN'S
ANSWER TO FIRST AMENDED
12 vs. UNVERIFIED COMPLAINT
13 COUNTY OF KERN;and DOES 2 through 25, Judge: Hon. J. Eric Eradshaw
inclusive. Department: J
14 Action Filed: June 22,2022
Defendants. Trial Date: None Set
15
16 Defendant County of Kem answers the unverified First Amended Complaint of Plaintiff,
17 M.M.as follows:
18 1. Pursuant to Code of Civil Procedure, section 431.30, subdivision (d). County denies
19 each and every allegation in Plaintiffs Complaint.
20 2. County states the following as separate affirmative defenses to Plaintiffs Complaint:
21 FIRST AFFIRMATIVE DEFENSE
22 Failure to State Cause of Action
♦T:
23 3. Plaintiff s First Amended Complaint is barred in whole or in part by Plaintiff s failure
24 to state facts sufficient to constitute a cause of action against Coxmty.
25 SECOND AFFIRMATIVE DEFENSE
26 Statute of Limitations
27 4. Plaintiffs First Amended Complaint is barred in whole or in part by the statute of
28 limitations set forth in Code of Civil Procedure, section 340.1, subdivision (a).
-1-
M.M. - Defendant County's Answer to First Amended Unverified Complaint ECV-22-101564 JElB
1 TfflRD AFFIRMATIVE DEFENSE
2 Laches
3 5. Plaintiffs First Amended Complaint is barred in whole or in part by the doctrine pf
4 laches.
5 FOURTH AFFIRMATIVE DEFENSE
6 Unclean Hands
7 6. Plaintiffs First Amended Complaint is barred in whole or in part by Plaintiffs unclean
8 hands.
9 FIFTH AFFIRMATIVE DEFENSE
10 Equitable Estoppel
11 Plaintiffs First Amended Complaint is barred in part or in whole by Plaintiffs own
12 acts and omissions.
13 SIXTH AFFIRMATIVE DEFENSE
14 Offset
15 8. Any amount sought to be recovered in this action is barred in whole or in part by the
16 amount owing from Plaintiff to Defendant.
17 SEVENTH AFFIRMATIVE DEFENSE
\
18 Immunities
19 9. Plaintiffs First Amended Complaint is barred in whole or in part by the immunities
20 set forth in Government Code, sections 815, 815.2, subdivision (b), 815.3, 815.4, 816, 818, 818.2,
21 818.4,818.6,818.7,818.8,818.9,820,820.2,820.21,820.25,820.4,820.6, 820.8,820.9,821,821.2,
22 821.4, 821.5, 821.6, 821.8,822,822.2, 830.6, 830.8, 830.9,831, 831.2, 831.25, 831.3, 831.4, bl.7,
23 831.7.5, 831.8, 835.4, 840, 840.6, 844.6, 845, 845.2, 845.4, 845.6, 845.8, 846, 850, 850.2, 850.4,
24 850.6, 850.8, 853, 854.8, 855, 855.2, 855.4, 855.6, 855.8,856, 856.2, 856.4, 856.6, 860.2, 866, 867,
25 8655,8656,8657,8658, 8659,or 8660, Welfare and Institutions Code,sections 5113,5154,5259.3,
26 5267, 5278, 5306,15634,16504, or 16513, Civil Code, sections 43.55, 847, or 1714.5, Penal Code,
27 sections 835a or 11172, Vehicle Code, sections 17004, 17004.7, or 20016, or Streets and Highway
28 Code,sections 942.5,954,954.5,1806, or 19167.
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M.M.-Defendant County's Answer to First Amended Unverified Complaint BCV-22-101564 JEB
1 EIGHTH AFFIRMATIVE DEFENSE
2 Superseding or Intervening Causation
3 10. Plaintiffs First Amended Complaint is barred in whole or in part because of the
4 independent, intervening, or superseding act, failures to act, and/or negligence of third parties over
5 whom County had no control and with respect to whom it had no legal responsibility or liability.
6 NINTH AFFIRMATIVE DEFENSE
7 Comparative Fault
8 11. If in fact Plaintiff has been injured or damaged as alleged, said injuries or damages
9 were proximately caused or materially contributed to by the negligence,carelessness, intentional and
10 willful misconduct and violations of law by Plaintiff, and/or that Plaintiffs unreasonable actioris,
11 inactions and assumption of risks, wherefore Plaintiffs recovery is barred or should be
12 proportionately reduced.
13 TENTH AFFIRMATIVE DEFENSE
14 Collateral Source Benefits
15 12. Any amount sought to be recovered in this action is barred in whole or in p^ by
16 Government Code,section 985.
17 WHEREFORE,Defendant County ofKem requestsjudgment as follows:
18 1. That Plaintiff M.M. take nothing by this action and that the Complaint be dismissed
19 with prejudice;
20 2. That County recover from Plaintiff costs;
21 3. That the Court order further reasonable relief.
22 DATED:December 9,2022 Respectfully Submitted,
23 MARCO A. RAISON
24 By:
'Kathleen S. Rivera, Deputy
25 Andrew C. Hamilton, Deputy
Attorneys for County of Kem
26
moim
27
28
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M.M.-Defendant Coimty's Answer to First Amended Unverified Complaint BCV-22-101564 JEB
PROOF OF SERVICE
I am over the age of eighteen years and not a party to the within action; my business address
is 1115 Truxtun Avenue, Fourth Floor, Bakersfield, OA 93301.
On the date last written below, I served the attached DEFENDANT COUNTY OF KERN'S
ANSWER TO FIRST AMENDED UNVERIFIED COMPLAINT on the party(ies) listed below, through
their attorneys of record, if any, by facsimile transmission, by personal delivery or by placing true
copies/originals thereof in sealed envelope(s) addressed/designated as shown below:
A. BY MAIL - Ienclosed such document{s) in sealed envelope(s) or package(s) with the
name(s)and address(es) of the person(s) served as shown on the envelope(s) and caused such
envelope(s) to be deposited in the mail at Bakersfield, California. I placed the envelope(s) for
collection and mailing, following our ordinary business practices. I am readily familiarwith the firm's
practice for collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, itis deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
B. BY OVERNIGHT SERVICE -1 enclosed the documents in an envelope or package provided
by an overnight delivery carrier and addressed to the person(s) at the address{es) listed below. 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.
0. BY FACSIMILE SERVICE - Based on an agreement of the party(ies) to accept service by
fax transmission, I placed such document in a facsimile machine (pursuant to California Rules of
Court, Rule 2.301(3)) with the fax number of(661)868-3805. Upon facsimile transmission of the
document, I obtained a report from the transmitting facsimile machine stating that the facsimile
transmission was complete and without error. A copy of the transmission report is attached to this
Proof of Service pursuant to California Rules of Court, Rule 2.306(g).
D. BY PERSONAL SERVICE -1 caused such envelope(s)to be personally delivered by hand
to the addressee(s) listed below.
E. BY ELECTRONIC MAIL-Pursuant to C.C.P. 1010.6, C.R.C. 2.251, 2.252 et seq and local
rule of court 1.10, I caused a copy of such document(s) to be transmitted via electronic mail in
Portable Document Format ("PDF") Adobe Acrobat from the electronic address:
eapodaca@kerncounty.com
Type of Service Addressee
A&E SEE ATTACHED
(STATE) I declare under penalty of perjury under the laws of the State of California that the
above Is true and correct.
(FEDERAL) I declare that I am employed in the office of a member of the Bar of this Court
n at whose direction the service was made.
Executed on December 12, 2022, at Bakersfield, California.
Esmeralda Apodaca
M.M.-- Proof of Service
PROOF OF SERVICE
SERVICE LIST/MAILING LIST
ADDRESSEE TYPE OF SERVICE
ABRAHAM NIMAN, ESQ. A&E
HERMAN LAW animan(S)hermanlaw.com
9434 DESCHUTES ROAD,SUITE 1000 rhvland^hermanlaw com
PALO CEDRO, CA 96073-1000 rnyiana® nerman aw.com
kbrown@hermanlaw.com
As To Plaintiff
#2692341
M.M.-Proof of Service
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1 MARGO A. RAISON,COUNTY COUNSEL By: Andrew C. Hamilton, Deputy(SEN 299877) 2 Kathleen S. Rivera, Deputy(SEN 211606) Kern County Administrative Center ! 3 1115 Truxtxm Avenue, Fourth Floor Eakersfield, CA 93301 4 Telephone:(661)868-3800 Facsimile:(661)868-3805 5 Email: ahamilton@kemcounty.com 6 Attomeys for Defendant, County ofKem [Exempt from filing fees, Gov. Code,§ 6103] 7 8 SUPERIOR COURT OF CALIFORNIA 9 FOR THE COUNTY OF KERN - METROPOLITAN DIVISION 10 M.M., Case No.ECV-22-101564 JEE 11 Plaintiff, DEFENDANT COUNTY OF KERN'S ANSWER TO FIRST AMENDED 12 vs. UNVERIFIED COMPLAINT 13 COUNTY OF KERN;and DOES 2 through 25, Judge: Hon. J. Eric Eradshaw inclusive. Department: J 14 Action Filed: June 22,2022 Defendants. Trial Date: None Set 15 16 Defendant County of Kem answers the unverified First Amended Complaint of Plaintiff, 17 M.M.as follows: 18 1. Pursuant to Code of Civil Procedure, section 431.30, subdivision (d). County denies 19 each and every allegation in Plaintiffs Complaint. 20 2. County states the following as separate affirmative defenses to Plaintiffs Complaint: 21 FIRST AFFIRMATIVE DEFENSE 22 Failure to State Cause of Action ♦T: 23 3. Plaintiff s First Amended Complaint is barred in whole or in part by Plaintiff s failure 24 to state facts sufficient to constitute a cause of action against Coxmty. 25 SECOND AFFIRMATIVE DEFENSE 26 Statute of Limitations 27 4. Plaintiffs First Amended Complaint is barred in whole or in part by the statute of 28 limitations set forth in Code of Civil Procedure, section 340.1, subdivision (a). -1- M.M. - Defendant County's Answer to First Amended Unverified Complaint ECV-22-101564 JElB 1 TfflRD AFFIRMATIVE DEFENSE 2 Laches 3 5. Plaintiffs First Amended Complaint is barred in whole or in part by the doctrine pf 4 laches. 5 FOURTH AFFIRMATIVE DEFENSE 6 Unclean Hands 7 6. Plaintiffs First Amended Complaint is barred in whole or in part by Plaintiffs unclean 8 hands. 9 FIFTH AFFIRMATIVE DEFENSE 10 Equitable Estoppel 11 Plaintiffs First Amended Complaint is barred in part or in whole by Plaintiffs own 12 acts and omissions. 13 SIXTH AFFIRMATIVE DEFENSE 14 Offset 15 8. Any amount sought to be recovered in this action is barred in whole or in part by the 16 amount owing from Plaintiff to Defendant. 17 SEVENTH AFFIRMATIVE DEFENSE \ 18 Immunities 19 9. Plaintiffs First Amended Complaint is barred in whole or in part by the immunities 20 set forth in Government Code, sections 815, 815.2, subdivision (b), 815.3, 815.4, 816, 818, 818.2, 21 818.4,818.6,818.7,818.8,818.9,820,820.2,820.21,820.25,820.4,820.6, 820.8,820.9,821,821.2, 22 821.4, 821.5, 821.6, 821.8,822,822.2, 830.6, 830.8, 830.9,831, 831.2, 831.25, 831.3, 831.4, bl.7, 23 831.7.5, 831.8, 835.4, 840, 840.6, 844.6, 845, 845.2, 845.4, 845.6, 845.8, 846, 850, 850.2, 850.4, 24 850.6, 850.8, 853, 854.8, 855, 855.2, 855.4, 855.6, 855.8,856, 856.2, 856.4, 856.6, 860.2, 866, 867, 25 8655,8656,8657,8658, 8659,or 8660, Welfare and Institutions Code,sections 5113,5154,5259.3, 26 5267, 5278, 5306,15634,16504, or 16513, Civil Code, sections 43.55, 847, or 1714.5, Penal Code, 27 sections 835a or 11172, Vehicle Code, sections 17004, 17004.7, or 20016, or Streets and Highway 28 Code,sections 942.5,954,954.5,1806, or 19167. -2- M.M.-Defendant County's Answer to First Amended Unverified Complaint BCV-22-101564 JEB 1 EIGHTH AFFIRMATIVE DEFENSE 2 Superseding or Intervening Causation 3 10. Plaintiffs First Amended Complaint is barred in whole or in part because of the 4 independent, intervening, or superseding act, failures to act, and/or negligence of third parties over 5 whom County had no control and with respect to whom it had no legal responsibility or liability. 6 NINTH AFFIRMATIVE DEFENSE 7 Comparative Fault 8 11. If in fact Plaintiff has been injured or damaged as alleged, said injuries or damages 9 were proximately caused or materially contributed to by the negligence,carelessness, intentional and 10 willful misconduct and violations of law by Plaintiff, and/or that Plaintiffs unreasonable actioris, 11 inactions and assumption of risks, wherefore Plaintiffs recovery is barred or should be 12 proportionately reduced. 13 TENTH AFFIRMATIVE DEFENSE 14 Collateral Source Benefits 15 12. Any amount sought to be recovered in this action is barred in whole or in p^ by 16 Government Code,section 985. 17 WHEREFORE,Defendant County ofKem requestsjudgment as follows: 18 1. That Plaintiff M.M. take nothing by this action and that the Complaint be dismissed 19 with prejudice; 20 2. That County recover from Plaintiff costs; 21 3. That the Court order further reasonable relief. 22 DATED:December 9,2022 Respectfully Submitted, 23 MARCO A. RAISON 24 By: 'Kathleen S. Rivera, Deputy 25 Andrew C. Hamilton, Deputy Attorneys for County of Kem 26 moim 27 28 -3- M.M.-Defendant Coimty's Answer to First Amended Unverified Complaint BCV-22-101564 JEB PROOF OF SERVICE I am over the age of eighteen years and not a party to the within action; my business address is 1115 Truxtun Avenue, Fourth Floor, Bakersfield, OA 93301. On the date last written below, I served the attached DEFENDANT COUNTY OF KERN'S ANSWER TO FIRST AMENDED UNVERIFIED COMPLAINT on the party(ies) listed below, through their attorneys of record, if any, by facsimile transmission, by personal delivery or by placing true copies/originals thereof in sealed envelope(s) addressed/designated as shown below: A. BY MAIL - Ienclosed such document{s) in sealed envelope(s) or package(s) with the name(s)and address(es) of the person(s) served as shown on the envelope(s) and caused such envelope(s) to be deposited in the mail at Bakersfield, California. I placed the envelope(s) for collection and mailing, following our ordinary business practices. I am readily familiarwith the firm's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. B. BY OVERNIGHT SERVICE -1 enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address{es) listed below. 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. 0. BY FACSIMILE SERVICE - Based on an agreement of the party(ies) to accept service by fax transmission, I placed such document in a facsimile machine (pursuant to California Rules of Court, Rule 2.301(3)) with the fax number of(661)868-3805. Upon facsimile transmission of the document, I obtained a report from the transmitting facsimile machine stating that the facsimile transmission was complete and without error. A copy of the transmission report is attached to this Proof of Service pursuant to California Rules of Court, Rule 2.306(g). D. BY PERSONAL SERVICE -1 caused such envelope(s)to be personally delivered by hand to the addressee(s) listed below. E. BY ELECTRONIC MAIL-Pursuant to C.C.P. 1010.6, C.R.C. 2.251, 2.252 et seq and local rule of court 1.10, I caused a copy of such document(s) to be transmitted via electronic mail in Portable Document Format ("PDF") Adobe Acrobat from the electronic address: eapodaca@kerncounty.com Type of Service Addressee A&E SEE ATTACHED (STATE) I declare under penalty of perjury under the laws of the State of California that the above Is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the Bar of this Court n at whose direction the service was made. Executed on December 12, 2022, at Bakersfield, California. Esmeralda Apodaca M.M.-- Proof of Service PROOF OF SERVICE SERVICE LIST/MAILING LIST ADDRESSEE TYPE OF SERVICE ABRAHAM NIMAN, ESQ. A&E HERMAN LAW animan(S)hermanlaw.com 9434 DESCHUTES ROAD,SUITE 1000 rhvland^hermanlaw com PALO CEDRO, CA 96073-1000 rnyiana® nerman aw.com kbrown@hermanlaw.com As To Plaintiff #2692341 M.M.-Proof of Service