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1 Peter W. Beckman
Attorney at Law
2 1400 Chester Ave., Suite K
Bakersfield, CA 93301
3 Tel: (661) 327-7261
Email: beckmanlaw@att.net
4 SBN 85105
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6 Attorney for: Defendants WESTLAND FARMS, LLC., and SITHOL YIN
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
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METROPOLITAN DIVISION - UNLIMITED JURISDICTION
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CAL-WEST RAIN, INC., ) NO. BCV-22-103054
11 a California Corporation, )
) ANSWER TO COMPLAINT
12 Plaintiff, ) FOR BREACH OF CONTRACT;
vs. ) QUANTUM MERUIT; AND
13 ) FORECLOSURE OF MECHANIC’S
WESTLAND FARMS LLC; a California ) LIEN
14 Limited Liability Company; SITHOL )
YIN; and DOES 1 THROUGH 10, )
15 inclusive )
)
16 Defendants. )
___________________________________)
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18 Defendants, Westland Farms LLC, a California Limited Liability
19 Company, and Sithol Yin, an individual, answering for themselves
20 alone, answer the unverified complaint of plaintiff Cal-West Rain,
21 Inc., as follows:
22 GENERAL DENIAL
23 Pursuant to the provisions of California Code of Civil Procedure
24 Section 431.30(d), these answering Defendants, Westland Farms, LLC, and
25 Sithol Yin, deny, generally and specifically, each and every allegation
26 contained in the Complaint, and each and every cause of action therein,
27 and further deny that these answering Defendants are indebted to the
28 Plaintiff, or that Plaintiff has been damaged in the amount of
Cal-Rain, Inc. v. Westland Farms, LLC
and Sithol Yin Answer
1 $54,300.38, or in any other sum, by reason of any act, breach,
2 omission, conduct or whatsoever on the part of these answering
3 Defendants, or is entitled to foreclosure of a mechanic’s lien, and
4 they assert the following affirmative defenses.
5 FIRST AFFIRMATIVE DEFENSE
6 (Failure to State Causes of Action)
7 1. For a first and separate affirmative defense, these
8 answering Defendants allege that each and every allegation contained
9 in the Complaint fails to state facts sufficient to constitute any
10 causes of action against these answering Defendants.
11 SECOND AFFIRMATIVE DEFENSE
12 (Failure of Conditions)
13 2. For a second and separate affirmative defense, these
14 answering Defendants allege that they are excused from performance
15 under any alleged and purported matter as alleged in the Complaint,
16 in that the Plaintiff has failed to perform conditions as required,
17 and as such, is barred from any and all recovery under any and all
18 causes of action in its Complaint because of the failure of such
19 conditions.
20 THIRD AFFIRMATIVE DEFENSE
21 (Equitable Estoppel)
22 3. For a third and separate affirmative defense, these
23 answering Defendants allege that the Plaintiff is barred from any and
24 all recovery under any and all alleged causes of action of its
25 Complaint by reason of Plaintiff's acts, omissions, representations,
26 and course of conduct by which these answering Defendants were led
27 to rely to their substantial detriment and prejudice, and as such,
28 Plaintiff is barred from any and all recovery under any and all
Cal-Rain, Inc. v. Westland Farms, LLC
and Sithol Yin Answer -2-
1 alleged causes of action in its Complaint under the Doctrine of
2 Equitable Estoppel.
3 FOURTH AFFIRMATIVE DEFENSE
4 (Unclean Hands)
5 4. For a fourth and separate affirmative defense, these
6 answering Defendants allege that the Plaintiff as to the purported
7 and alleged contentions of its Complaint, has conducted itself with
8 unclean hands and as such, Plaintiff is barred from any and all
9 recovery under any and all alleged causes of action of its Complaint.
10 FIFTH AFFIRMATIVE DEFENSE
11 (Failure to Mitigate Damages)
12 5. For a fifth and separate affirmative defense, these
13 answering Defendants allege that the Plaintiff has failed to mitigate
14 any and all of the purported damages as alleged in the Complaint, if
15 any there be, and as such, the Plaintiff is barred from any and all
16 recovery under any and all of their alleged causes of action in its
17 Complaint.
18 SIXTH AFFIRMATIVE DEFENSE
19 (Waiver)
20 6. For a sixth and separate affirmative defense, these
21 answering Defendants allege that the Plaintiff, through its acts
22 and/or omissions and conduct, engaged in conduct whereby it
23 effectively waived any and all basis to assert any and all claims
24 and/or causes of action against these answering Defendants, and as
25 such, the Plaintiff is barred from any and all recovery under any and
26 all of its alleged causes of action of its Complaint against these
27 answering Defendants.
28 ///
Cal-Rain, Inc. v. Westland Farms, LLC
and Sithol Yin Answer -3-
1 SEVENTH AFFIRMATIVE DEFENSE
2 (Excuse of Performance)
3 7. For a seventh and separate affirmative defense, these
4 answering Defendants allege that the Plaintiff is barred from any and
5 all recovery from any and all causes of action in its Complaint as
6 a result of the Plaintiff's acts, omissions and conduct regarding the
7 subject matter of the within action, and as such, these answering
8 Defendants are excused from any further performance under any and all
9 alleged causes of actions in its Complaint.
10 EIGHTH AFFIRMATIVE DEFENSE
11 (Plaintiff’s Conduct Caused Alleged and Purported Damages)
12 8. For an eighth and separate affirmative defense, these
13 answering Defendants allege that the Plaintiff’s conduct and/or
14 failure to act and that the alleged damages, if any there be, which
15 there is none, are directly and proximately caused and contributed
16 to by the negligence and/or conduct of the Plaintiff, and as such,
17 the Plaintiff is barred from any and all recovery under any and all
18 alleged causes of action of its Complaint against this answering
19 Defendant.
20 NINTH AFFIRMATIVE DEFENSE
21 (Not Timely Filed)
22 9. As and for a ninth and separate affirmative defense to the
23 Third Cause of Action, these answering Defendants allege that
24 Plaintiff is not entitled to foreclose on the claimed mechanic’s lien
25 as the California Preliminary 20-Day Notice was not timely served,
26 and the State of California Mechanic’s Lien was not timely recorded.
27 ///
28 ///
Cal-Rain, Inc. v. Westland Farms, LLC
and Sithol Yin Answer -4-
1 WHEREFORE, these answering defendants pray judgment as
2 follows:
3 1. That this Complaint be dismissed with prejudice;
4 2. That plaintiff Cal-West Rain, Inc. take nothing by way of
5 its complaint;
6 3. For costs of suit herein incurred; and
7 4. For such other and further relief as the Court deems just
8 and proper.
9 Dated: January 25, 2023
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________________________________
11 PETER W. BECKMAN, Attorney for
Defendants WESTLAND FARMS LLC and
12 SITHOL YIN
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Cal-Rain, Inc. v. Westland Farms, LLC
and Sithol Yin Answer -5-
1 P R O O F O F S E R V I C E
BY MAIL
2 AND ELECTRONICALLY
3 STATE OF CALIFORNIA, COUNTY OF KERN
4 I, the undersigned, declare that at the time of service of
5 papers herein referred to, I was at least 18 years of age and that
6 my business address is 1400 Chester Ave., Suite K, Bakersfield, CA
7 93301. On January 25, 2023, I served the foregoing ANSWER TO
8 COMPLAINT by placing a true and correct copy thereof in a sealed
9 envelope with sufficient postage paid addressed as follows:
10 Patrick Toole, Esq.
Wanger Jones Helsley PC
11 265 E. River Park Circle, Suite 310
Fresno, CA 93720
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I personally deposited said envelope with the United States Postal
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Service at Bakersfield, Kern County, California. In addition, I
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transmitted an electronic copy in of said pleading in pdf format via email
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to Patrick Toole, Esq., e-mail address, “ptoole@wjhattorney.com”.
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I declare the foregoing to be true under penalty of perjury
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under the laws of the State of California. Executed at Bakersfield,
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Kern County, California, on January 25, 2023.
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__________________________________
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PETER W. BECKMAN
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Cal-Rain, Inc. v. Westland Farms, LLC
and Sithol Yin Answer -6-
Preview
1 Peter W. Beckman Attorney at Law 2 1400 Chester Ave., Suite K Bakersfield, CA 93301 3 Tel: (661) 327-7261 Email: beckmanlaw@att.net 4 SBN 85105 5 6 Attorney for: Defendants WESTLAND FARMS, LLC., and SITHOL YIN 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 8 METROPOLITAN DIVISION - UNLIMITED JURISDICTION 9 --oOo– 10 CAL-WEST RAIN, INC., ) NO. BCV-22-103054 11 a California Corporation, ) ) ANSWER TO COMPLAINT 12 Plaintiff, ) FOR BREACH OF CONTRACT; vs. ) QUANTUM MERUIT; AND 13 ) FORECLOSURE OF MECHANIC’S WESTLAND FARMS LLC; a California ) LIEN 14 Limited Liability Company; SITHOL ) YIN; and DOES 1 THROUGH 10, ) 15 inclusive ) ) 16 Defendants. ) ___________________________________) 17 18 Defendants, Westland Farms LLC, a California Limited Liability 19 Company, and Sithol Yin, an individual, answering for themselves 20 alone, answer the unverified complaint of plaintiff Cal-West Rain, 21 Inc., as follows: 22 GENERAL DENIAL 23 Pursuant to the provisions of California Code of Civil Procedure 24 Section 431.30(d), these answering Defendants, Westland Farms, LLC, and 25 Sithol Yin, deny, generally and specifically, each and every allegation 26 contained in the Complaint, and each and every cause of action therein, 27 and further deny that these answering Defendants are indebted to the 28 Plaintiff, or that Plaintiff has been damaged in the amount of Cal-Rain, Inc. v. Westland Farms, LLC and Sithol Yin Answer 1 $54,300.38, or in any other sum, by reason of any act, breach, 2 omission, conduct or whatsoever on the part of these answering 3 Defendants, or is entitled to foreclosure of a mechanic’s lien, and 4 they assert the following affirmative defenses. 5 FIRST AFFIRMATIVE DEFENSE 6 (Failure to State Causes of Action) 7 1. For a first and separate affirmative defense, these 8 answering Defendants allege that each and every allegation contained 9 in the Complaint fails to state facts sufficient to constitute any 10 causes of action against these answering Defendants. 11 SECOND AFFIRMATIVE DEFENSE 12 (Failure of Conditions) 13 2. For a second and separate affirmative defense, these 14 answering Defendants allege that they are excused from performance 15 under any alleged and purported matter as alleged in the Complaint, 16 in that the Plaintiff has failed to perform conditions as required, 17 and as such, is barred from any and all recovery under any and all 18 causes of action in its Complaint because of the failure of such 19 conditions. 20 THIRD AFFIRMATIVE DEFENSE 21 (Equitable Estoppel) 22 3. For a third and separate affirmative defense, these 23 answering Defendants allege that the Plaintiff is barred from any and 24 all recovery under any and all alleged causes of action of its 25 Complaint by reason of Plaintiff's acts, omissions, representations, 26 and course of conduct by which these answering Defendants were led 27 to rely to their substantial detriment and prejudice, and as such, 28 Plaintiff is barred from any and all recovery under any and all Cal-Rain, Inc. v. Westland Farms, LLC and Sithol Yin Answer -2- 1 alleged causes of action in its Complaint under the Doctrine of 2 Equitable Estoppel. 3 FOURTH AFFIRMATIVE DEFENSE 4 (Unclean Hands) 5 4. For a fourth and separate affirmative defense, these 6 answering Defendants allege that the Plaintiff as to the purported 7 and alleged contentions of its Complaint, has conducted itself with 8 unclean hands and as such, Plaintiff is barred from any and all 9 recovery under any and all alleged causes of action of its Complaint. 10 FIFTH AFFIRMATIVE DEFENSE 11 (Failure to Mitigate Damages) 12 5. For a fifth and separate affirmative defense, these 13 answering Defendants allege that the Plaintiff has failed to mitigate 14 any and all of the purported damages as alleged in the Complaint, if 15 any there be, and as such, the Plaintiff is barred from any and all 16 recovery under any and all of their alleged causes of action in its 17 Complaint. 18 SIXTH AFFIRMATIVE DEFENSE 19 (Waiver) 20 6. For a sixth and separate affirmative defense, these 21 answering Defendants allege that the Plaintiff, through its acts 22 and/or omissions and conduct, engaged in conduct whereby it 23 effectively waived any and all basis to assert any and all claims 24 and/or causes of action against these answering Defendants, and as 25 such, the Plaintiff is barred from any and all recovery under any and 26 all of its alleged causes of action of its Complaint against these 27 answering Defendants. 28 /// Cal-Rain, Inc. v. Westland Farms, LLC and Sithol Yin Answer -3- 1 SEVENTH AFFIRMATIVE DEFENSE 2 (Excuse of Performance) 3 7. For a seventh and separate affirmative defense, these 4 answering Defendants allege that the Plaintiff is barred from any and 5 all recovery from any and all causes of action in its Complaint as 6 a result of the Plaintiff's acts, omissions and conduct regarding the 7 subject matter of the within action, and as such, these answering 8 Defendants are excused from any further performance under any and all 9 alleged causes of actions in its Complaint. 10 EIGHTH AFFIRMATIVE DEFENSE 11 (Plaintiff’s Conduct Caused Alleged and Purported Damages) 12 8. For an eighth and separate affirmative defense, these 13 answering Defendants allege that the Plaintiff’s conduct and/or 14 failure to act and that the alleged damages, if any there be, which 15 there is none, are directly and proximately caused and contributed 16 to by the negligence and/or conduct of the Plaintiff, and as such, 17 the Plaintiff is barred from any and all recovery under any and all 18 alleged causes of action of its Complaint against this answering 19 Defendant. 20 NINTH AFFIRMATIVE DEFENSE 21 (Not Timely Filed) 22 9. As and for a ninth and separate affirmative defense to the 23 Third Cause of Action, these answering Defendants allege that 24 Plaintiff is not entitled to foreclose on the claimed mechanic’s lien 25 as the California Preliminary 20-Day Notice was not timely served, 26 and the State of California Mechanic’s Lien was not timely recorded. 27 /// 28 /// Cal-Rain, Inc. v. Westland Farms, LLC and Sithol Yin Answer -4- 1 WHEREFORE, these answering defendants pray judgment as 2 follows: 3 1. That this Complaint be dismissed with prejudice; 4 2. That plaintiff Cal-West Rain, Inc. take nothing by way of 5 its complaint; 6 3. For costs of suit herein incurred; and 7 4. For such other and further relief as the Court deems just 8 and proper. 9 Dated: January 25, 2023 10 ________________________________ 11 PETER W. BECKMAN, Attorney for Defendants WESTLAND FARMS LLC and 12 SITHOL YIN 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cal-Rain, Inc. v. Westland Farms, LLC and Sithol Yin Answer -5- 1 P R O O F O F S E R V I C E BY MAIL 2 AND ELECTRONICALLY 3 STATE OF CALIFORNIA, COUNTY OF KERN 4 I, the undersigned, declare that at the time of service of 5 papers herein referred to, I was at least 18 years of age and that 6 my business address is 1400 Chester Ave., Suite K, Bakersfield, CA 7 93301. On January 25, 2023, I served the foregoing ANSWER TO 8 COMPLAINT by placing a true and correct copy thereof in a sealed 9 envelope with sufficient postage paid addressed as follows: 10 Patrick Toole, Esq. Wanger Jones Helsley PC 11 265 E. River Park Circle, Suite 310 Fresno, CA 93720 12 I personally deposited said envelope with the United States Postal 13 Service at Bakersfield, Kern County, California. In addition, I 14 transmitted an electronic copy in of said pleading in pdf format via email 15 to Patrick Toole, Esq., e-mail address, “ptoole@wjhattorney.com”. 16 I declare the foregoing to be true under penalty of perjury 17 under the laws of the State of California. Executed at Bakersfield, 18 Kern County, California, on January 25, 2023. 19 20 21 __________________________________ 22 PETER W. BECKMAN 23 24 25 26 27 28 Cal-Rain, Inc. v. Westland Farms, LLC and Sithol Yin Answer -6-