Preview
E
MAY 0 6 2019
1 JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967) By:. N. Young
Deputy Clerk
2 ASHLEY E. EVANS (SBN 308727)
400 Capitol Mall, Suite 1600
3 Sacramento, Califomia 95814
Telephone: (916) 341-0404
4 Facsimile: (916) 341-0141
Email: iames.jones@iacksonlewis.com
5 ashlev.cvans(a).i acksonlewis.com
6 Attomeys for Defendant
LIQUI-BOX CORPORATION
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DEFENDANT LIQUI-BOX
CORPORATION'S ANSWER TO
12 V. PLAINTIFF SAJIDA ZAMAN'S
COMPLAINT FOR DAMAGES
13 V.
Complaint Filed: March 8,2019
14 LIQUI-BOX CORPORATION, and DOES 1 Trial Date: None Set
through 20, inclusive.
15 BY FAX
Defendant.
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17 Defendant LIQUI-BOX CORPORATION ("Defendant"), hereby answers Plaintiff
18 SAJIDA ZAMAN'S ("PlaintifT') Complaint for Damages ("Complaint") as follows:
19 GENERAL DENIAL
20 Under the provisions of Section 431.30(d) of Califomia Code of Civil Procedure,
21 Defendant generally eind specifically deny each and every allegation contained in the unverified
22 Complaint, and each cause of action alleged therein, and deny that Plaintiff was injured or
23 damaged as alleged, or at all.
24 AFFIRMATIVE DEFENSES
25 By way of affirmative defense to the allegations of the Complaint herein. Defendant
26 alleges as follows:
27 ///
28 ///
1
Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages
1 FmST AFFIRMATIVE DEFENSE
2 The Complaint as a whole, and each purported cause of action alleged therein, fails to
3 state facts suflicient to constitute a cause ofaction against Defendant.
4 SECOND AFFIRMATIVE DEFENSE
5 Plaintiffs Complaint, and each purported cause of action alleged therein, is barred to the
6 extent the doctrine of estoppel applies.
7 THIRD AFFIRMATIVE DEFENSE
8 Plaintiffs Complaint, and each purported cause ofaction alleged therein, is barred to the
9 extent the doctrine of laches applies.
10 FOURTH AFFIRMATIVE DEFENSE
11 Plaintiff is barred from any recovery under PlaintifTs Complaint, or any cause of action
12 alleged therein, to the extent the doctrine of unclean hands applies.
13 FIFTH AFFIRMATIVE DEFENSE
14 Plaintiffs Complaint, and each purported cause of action alleged therein, is barred to the
15 extent the doctrine of waiver applies.
16 SIXTH AFFIRMATIVE DEFENSE
17 Defendant is entitied to offset for any monies received by Plaintiff from any source in
18 compensation for her alleged economic damages and non-economic damages under the common-
19 law doctrine of offset and under the doctrine prohibiting double recovery set forth in
20 Witt V. Jackson (1961) 57 Cal.2d 57 and its progeny.
21 SEVENTH AFFIRMATIVE DEFENSE
22 Plaintiffs purported claims for emotional distress damages are barred because the
23 exclusive remedy for Plaintiffs alleged emotional distress and other injuries, if any, is before the
24 Califomia Workers' Compensation Appeals Board pursuant to the exclusive remedy provisions of
25 the Califomia Workers' Compensation Act (see Califomia Labor Code section 3600 et seq.).
26 Plaintiffs Complaint alleges an injury compensable under the Califomia Workers' Compensation
27 Act because Plaintiff alleged injuries: (1) occurred at a time when both Plaintiff and Defendant
28 ///
2
Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages
1 were subject to California Labor Code section 3600(a); (2) occurred in the course of and
2 incidental to Plaintiffs employment; and (3) were proximately caused by the employment.
3 EIGHTH AFFIRMATIVE DEFENSE
4 To the extent Defendant obtains through discovery or otherwise after-acquired evidence of
5 wrongdoing by Plaintiff, the Complaint, and each purported cause of action alleged therein, is
6 barred by the doctrine of after-acquired evidence, or the doctrine of after-acquired evidence limits
7 and reduces Plaintiffs alleged damages.
8 NEVTH AFFIRMATIVE DEFENSE
9 Plaintiffs purported causes of action are barred in whole or in part by the applicable
10 statute(s) of limitation, including but not limited to Califomia Govemment Code sections
11 12960(d) and/or 12965(b) and Califomia Code ofCivil Procedure sections 335.1, 338, 340 and/or
12 343.
13 TENTH AFFIRMATIVE DEFENSE
14 Plaintiffs Complaint, and each purported cause ofaction alleged therein, is barred to the
15 extent Plaintiff failed to exhaust administrative and judicial remedies in one or more respects
16 including, but not limited to: by failmg to timely file a claim with the Cafifomia Department of
17 Fair Employment and Housing ("DFEH") and/or the U.S. Equal Employment Opportunity
18 Commission ("EEOC") describing the violations and conduct alleged in Plaintiffs Complaint
19 against Defendant; and/or by filing this lawsuit before receipt of aright-to-sueletter from the
20 DFEH and/or EEOC for each of the claims alleged against Defendant.
21 ELEVENTH AFFIRMATIVE DEFENSE
22 Plaintiff is barred from recovering any damages, or Plaintiffs damages must be reduced,
23 to the extent Plaintiff failed to exercise reasonable diligence to mitigate her alleged damages.
24 TWELFTH AFFIRMATIVE DEFENSE
25 As to PiaintifFs purported causes of action for discrimination and retaliation, assuming,
26 arguendo, that it is found that Defendant's actions were motivated by both discrimmatory and
27 non-discriminatory reasons and/or retaliatory and non-retaliatory reasons, the non-discriminatory
28 ///
3
Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages
1 and/or non-retaliatory reasons, standing alone, would have induced Defendant to make the same
2 decision(s) with respect to Plaintiffs employment and termination.
3 THIRTEENTH AFFIRMATIVE DEFENSE
4 PiaintifFs Complaint, and each purported cause of action alleged therein, is barred
5 because any and all actions taken by Defendant with respect to Plaintiff were job-related for the
6 position in question, were taken in good faith for legitimate, non-discriminatory and non-
7 retaliatory business reasons, and were consistent with business necessity.
8 FOURTEENTH AFFIRMATFVE DEFENSE
9 Any damages for alleged harassment, discrimination, or retaliation are limited by the
10 Avoidable Consequences Doctrine to the extent: (1) Defendant exercised reasonable steps to
11 prevent and correct any workplace behavior alleged unlawful; (2) Plaintiff unreasonably failed to
12 use the preventive and corrective measures Defendant provided; and (3) reasonable use of the
13 Defendant's procedures would have prevented at least some of the harm Plaintiff suffered. See
14 State Dept. of Health Services v. Superior Court (2003) 31 Cal.4th 1026.
15 FIFTEENTH AFFIRMATIVE DEFENSE
16 Any recovery on Plaintiffs Complaint, or on each purported cause of action alleged
17 therein, is barred by Califomia Labor Code sections 2854 and 2856 in that Plaintiff failed to use
18 ordinary care and diligence in the performance of Plaintiffs duties and failed to comply
19 substantially with the reasonable directions of Plaintiffs employer.
20 SIXTEENTH AFFIRMATIVE DEFENSE
21 Plaintiffs Complaint, and each purported cause of action alleged therein, is barred to the
22 extent any accommodation sought by Plaintiff was unreasonable and/or would create an undue
23 hardship on Defendant.
24 SEVENTEENTH AFFIRMATIVE DEFENSE
25 Plaintiffs Complaint as a whole, and each purported cause of action alleged therein, is
26 barred in whole or in part to the extent Plaintiff, as a result of her alleged disability, is unable to
27 perform the essential functions of her position in a manner that would not endanger her health or
28 safety or the health or safety of others, even with reasonable accommodation.
4
Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages
1 EIGHTEENTH AFFIRMATIVE DEFENSE
2 Any recovery of Plaintiffs Complaint, or any purported cause of action alleged therein, is
3 barred in that Plaintiff failed to engage in the interactive process.
4 NINETEENTH AFFIRMATIVE DEFENSE
5 Defendant is not liable for Plaintiffs emotional distress, if any, because Defendant's
6 conduct was privileged, in that Defendant was exercising its legal rights; Defendant's conduct
7 was lawfiil and consistent with community standards; and Defendant had a good-faith belief that
8 they it a legalrightto engage in the conduct.
9 TWENTIETH AFFIRMATIVE DEFENSE
10 Plaintiffs Complaint as a whole, and each purported cause of action alleged therein, is
11 barred or her damages, if any, are barred or reduced, to the extent any alleged harassment, or
12 discriminatory or retaliatory conduct by Defendant's employees (which it denies), was contrary to
13 its anti-harassment, discrimination, and retaliation policies, which it implemented in good faith
14 and fairly and adequately enforced.
15 TWENTY-FIRST AFFIRMATIVE DEFENSE
16 Defendant claims all defenses and immunities available under Califomia Govemment
17 Code section 12940 et seq.
18 TWENTY-SECOND AFFIRMATIVE DEFENSE
19 Defendant is relieved of any liability whatsoever as to Plaintiffs causes of action to the
20 extent any unlawful conduct alleged against Defendant and its current and/or former employees
21 occurred outside the course and scope of their employment.
22 TWENTY-THIRD AFFIRMATFVE DEFENSE
23 All actions alleged in Plaintiffs complaint were taken in the exercise of reasonable
24 discretion invested in Defendant by law (Califomia Govemment Code section 820.2).
25 TWENTY-FOURTH AFFIRMATIVE DEFENSE
26 Plaintiffs claims for punitive or exemplary damages violate rights provided under the
27 First, Fifth, Sixth, Eighth, and/or Fourteenth Amendments to the U.S. Constitution and under the
28 Califomia Constitution and/or are unconstitutional to the extent any such award for punitive or
5
Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages
1 exemplary damages is unreasonable and disproportionate under State Farm Mutual Auto. Ins.
2 Co. V. Campbell (2003) 538 U.S. 408 and its progeny.
3 TWENTY-FIFTH AFFIRMATIVE DEFENSE
4 Plaintiffs Complaint, and each purported cause ofaction alleged therein, fails to state a
5 cause or causes of action for punitive damages against Defendant under Califomia Civil Code
6 sections 3294 and 3295.
7 TWENTY-SIXTH AFFIRMATIVE DEFENSE
8 Plaintiffs Complaint as a whole, and each purported cause of action alleged therein, is
9 barred or this Court lacks jurisdiction, to the extent that any claim is subject to mandatory binding
10 arbitration pursuant to a valid and enforceable arbitration agreement.
11 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
12 Plaintiffs Complaint, and each and purported cause of action alleged therein, fails to state
13 a cause or causes of action for attorneys' fees against Defendants.
15 Because Defendant presently do not have sufficient knowledge or information upon which
16 to form a reasonable belief as to whether it may have available additional but as yet unstated
17 defenses and cannot fully anticipate all defenses that may be applicable to this action. Defendant
18 hereby reserves the right to assert additional defenses if and to the extent such defenses are or
19 become applicable.
20 PRAYER
21 WHEREFORE, Defendant prays for judgment as follows:
22 1. That Plaintiff take nothing herein;
23 2. That Plaintiffs Complaint be dismissed in its entirety with prejudice;
24 3. That Plaintiff be denied each and every demand and prayer for relief
25 contained in the Complaint;
26 4. For reasonable attomey's fees pursuant to Califomia Govemment Code
27 section 12965;
28 5. For costs of suit herein; and
6
Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages
1 6. For such other and further relief as the Court may deem just and proper.
2 Dated: May 6, 2019 JACKSON LEWIS P.C.
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iS T. JONES
5 E. EVANS
6 Attomeys for Defendant
LIQUI-BOX CORPORATION
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Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages
1 PROOF OF SERVICE
2 I am employed in the County of Sacramento, State of Califomia. I am over the age of
eighteen years and not a party to the within action; my business address is Jackson Lewis P.C,
3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814.
4 On May 6, 2019,1 served the within: DEFENDANT LIQUI-BOX CORPORATION'S
ANSWER TO PLAINTIFF SAJIDA ZAMAN'S COMPLAINT FOR DAMAGES on all
5 interested parties in said action, through their attomeys ofrecord as listed below, by placing a true
and correct copy thereof, addressed as shown below, by the following means:
6 Q PERSONAL SERVICE - by personally delivering a tme and correct copy thereof to
the person at the address set forth below, in accordance with Code of Civil Procedure
7 section 1011(a).
^ [xl MAIL - by placing a tme and correct copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid for deposit in the United States Post Office mail box, at
9 my business address shown above, following Jackson Lewis P.C.'s ordinary business
practices for the collection and processing of mail, of which I am readily familiar, and
10 addressed as set forth below. On the same day correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States
11 Postal Service.
12 rn OVERNIGHT DELIVERY - by depositing a tme and correct copy thereof enclosed
in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility
13 regularly maintained by UPS or delivering to an authorized courier or driver
authorized by UPS to receive documents, addressed as set forth below.
14
rn FACSIMILE TRANSMISSION - by transmitting a tme and correct copy by
15 facsimile ftom facsimile number (916)341-0141 to the person(s) at the facsimile
number(s) set forth below, which transmission was confirmed as complete. A copy of
16 the transmission record is attached hereto.
17 p] E-MAIL OR ELECTRONIC TRANSMISSION - Based on a Court order or on an
agreement by the parties to accept service by e-mail or electronic transmission, I
18 caused the document(s) described above to be sent from e-mail address
kellv.asano@iacksonlewis.com to the persons at the e-mail address(es) listed below. I
19 did not receive, within a reasonable time after the transmission, any electronic message
or other indication that the transmission was unsuccessful.
20
Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246)
21 FALAKASSA LAW, P.C. LIBERTY MAN LAW
1901 Avenue ofthe Stars, Suite 450 1010 F Street, Suite 300
22 Los Angeles, CA 90067 Sacramento, CA 95814
Telephone: (818)456-6168 Telephone: (916)573-0469
23 Facsimile: (888) 505-0868 Facshnile: (866)700-0787
Email: Josh(a),Falakassalaw.com
24
I declare under penalty of perjury under the laws of the State of CaUfornia that the
2^ foregoing is true and correct, and that this declaration was executed on May 6, 2019 at
2^ Sacramento, Califomia. \^^i^XJ^^^'^^
27 Kelly Asano
4839-8234-6644, v. 1
28
PROOF OF SERVICE
Preview
E MAY 0 6 2019 1 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) By:. N. Young Deputy Clerk 2 ASHLEY E. EVANS (SBN 308727) 400 Capitol Mall, Suite 1600 3 Sacramento, Califomia 95814 Telephone: (916) 341-0404 4 Facsimile: (916) 341-0141 Email: iames.jones@iacksonlewis.com 5 ashlev.cvans(a).i acksonlewis.com 6 Attomeys for Defendant LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DEFENDANT LIQUI-BOX CORPORATION'S ANSWER TO 12 V. PLAINTIFF SAJIDA ZAMAN'S COMPLAINT FOR DAMAGES 13 V. Complaint Filed: March 8,2019 14 LIQUI-BOX CORPORATION, and DOES 1 Trial Date: None Set through 20, inclusive. 15 BY FAX Defendant. 16 17 Defendant LIQUI-BOX CORPORATION ("Defendant"), hereby answers Plaintiff 18 SAJIDA ZAMAN'S ("PlaintifT') Complaint for Damages ("Complaint") as follows: 19 GENERAL DENIAL 20 Under the provisions of Section 431.30(d) of Califomia Code of Civil Procedure, 21 Defendant generally eind specifically deny each and every allegation contained in the unverified 22 Complaint, and each cause of action alleged therein, and deny that Plaintiff was injured or 23 damaged as alleged, or at all. 24 AFFIRMATIVE DEFENSES 25 By way of affirmative defense to the allegations of the Complaint herein. Defendant 26 alleges as follows: 27 /// 28 /// 1 Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages 1 FmST AFFIRMATIVE DEFENSE 2 The Complaint as a whole, and each purported cause of action alleged therein, fails to 3 state facts suflicient to constitute a cause ofaction against Defendant. 4 SECOND AFFIRMATIVE DEFENSE 5 Plaintiffs Complaint, and each purported cause of action alleged therein, is barred to the 6 extent the doctrine of estoppel applies. 7 THIRD AFFIRMATIVE DEFENSE 8 Plaintiffs Complaint, and each purported cause ofaction alleged therein, is barred to the 9 extent the doctrine of laches applies. 10 FOURTH AFFIRMATIVE DEFENSE 11 Plaintiff is barred from any recovery under PlaintifTs Complaint, or any cause of action 12 alleged therein, to the extent the doctrine of unclean hands applies. 13 FIFTH AFFIRMATIVE DEFENSE 14 Plaintiffs Complaint, and each purported cause of action alleged therein, is barred to the 15 extent the doctrine of waiver applies. 16 SIXTH AFFIRMATIVE DEFENSE 17 Defendant is entitied to offset for any monies received by Plaintiff from any source in 18 compensation for her alleged economic damages and non-economic damages under the common- 19 law doctrine of offset and under the doctrine prohibiting double recovery set forth in 20 Witt V. Jackson (1961) 57 Cal.2d 57 and its progeny. 21 SEVENTH AFFIRMATIVE DEFENSE 22 Plaintiffs purported claims for emotional distress damages are barred because the 23 exclusive remedy for Plaintiffs alleged emotional distress and other injuries, if any, is before the 24 Califomia Workers' Compensation Appeals Board pursuant to the exclusive remedy provisions of 25 the Califomia Workers' Compensation Act (see Califomia Labor Code section 3600 et seq.). 26 Plaintiffs Complaint alleges an injury compensable under the Califomia Workers' Compensation 27 Act because Plaintiff alleged injuries: (1) occurred at a time when both Plaintiff and Defendant 28 /// 2 Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages 1 were subject to California Labor Code section 3600(a); (2) occurred in the course of and 2 incidental to Plaintiffs employment; and (3) were proximately caused by the employment. 3 EIGHTH AFFIRMATIVE DEFENSE 4 To the extent Defendant obtains through discovery or otherwise after-acquired evidence of 5 wrongdoing by Plaintiff, the Complaint, and each purported cause of action alleged therein, is 6 barred by the doctrine of after-acquired evidence, or the doctrine of after-acquired evidence limits 7 and reduces Plaintiffs alleged damages. 8 NEVTH AFFIRMATIVE DEFENSE 9 Plaintiffs purported causes of action are barred in whole or in part by the applicable 10 statute(s) of limitation, including but not limited to Califomia Govemment Code sections 11 12960(d) and/or 12965(b) and Califomia Code ofCivil Procedure sections 335.1, 338, 340 and/or 12 343. 13 TENTH AFFIRMATIVE DEFENSE 14 Plaintiffs Complaint, and each purported cause ofaction alleged therein, is barred to the 15 extent Plaintiff failed to exhaust administrative and judicial remedies in one or more respects 16 including, but not limited to: by failmg to timely file a claim with the Cafifomia Department of 17 Fair Employment and Housing ("DFEH") and/or the U.S. Equal Employment Opportunity 18 Commission ("EEOC") describing the violations and conduct alleged in Plaintiffs Complaint 19 against Defendant; and/or by filing this lawsuit before receipt of aright-to-sueletter from the 20 DFEH and/or EEOC for each of the claims alleged against Defendant. 21 ELEVENTH AFFIRMATIVE DEFENSE 22 Plaintiff is barred from recovering any damages, or Plaintiffs damages must be reduced, 23 to the extent Plaintiff failed to exercise reasonable diligence to mitigate her alleged damages. 24 TWELFTH AFFIRMATIVE DEFENSE 25 As to PiaintifFs purported causes of action for discrimination and retaliation, assuming, 26 arguendo, that it is found that Defendant's actions were motivated by both discrimmatory and 27 non-discriminatory reasons and/or retaliatory and non-retaliatory reasons, the non-discriminatory 28 /// 3 Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages 1 and/or non-retaliatory reasons, standing alone, would have induced Defendant to make the same 2 decision(s) with respect to Plaintiffs employment and termination. 3 THIRTEENTH AFFIRMATIVE DEFENSE 4 PiaintifFs Complaint, and each purported cause of action alleged therein, is barred 5 because any and all actions taken by Defendant with respect to Plaintiff were job-related for the 6 position in question, were taken in good faith for legitimate, non-discriminatory and non- 7 retaliatory business reasons, and were consistent with business necessity. 8 FOURTEENTH AFFIRMATFVE DEFENSE 9 Any damages for alleged harassment, discrimination, or retaliation are limited by the 10 Avoidable Consequences Doctrine to the extent: (1) Defendant exercised reasonable steps to 11 prevent and correct any workplace behavior alleged unlawful; (2) Plaintiff unreasonably failed to 12 use the preventive and corrective measures Defendant provided; and (3) reasonable use of the 13 Defendant's procedures would have prevented at least some of the harm Plaintiff suffered. See 14 State Dept. of Health Services v. Superior Court (2003) 31 Cal.4th 1026. 15 FIFTEENTH AFFIRMATIVE DEFENSE 16 Any recovery on Plaintiffs Complaint, or on each purported cause of action alleged 17 therein, is barred by Califomia Labor Code sections 2854 and 2856 in that Plaintiff failed to use 18 ordinary care and diligence in the performance of Plaintiffs duties and failed to comply 19 substantially with the reasonable directions of Plaintiffs employer. 20 SIXTEENTH AFFIRMATIVE DEFENSE 21 Plaintiffs Complaint, and each purported cause of action alleged therein, is barred to the 22 extent any accommodation sought by Plaintiff was unreasonable and/or would create an undue 23 hardship on Defendant. 24 SEVENTEENTH AFFIRMATIVE DEFENSE 25 Plaintiffs Complaint as a whole, and each purported cause of action alleged therein, is 26 barred in whole or in part to the extent Plaintiff, as a result of her alleged disability, is unable to 27 perform the essential functions of her position in a manner that would not endanger her health or 28 safety or the health or safety of others, even with reasonable accommodation. 4 Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages 1 EIGHTEENTH AFFIRMATIVE DEFENSE 2 Any recovery of Plaintiffs Complaint, or any purported cause of action alleged therein, is 3 barred in that Plaintiff failed to engage in the interactive process. 4 NINETEENTH AFFIRMATIVE DEFENSE 5 Defendant is not liable for Plaintiffs emotional distress, if any, because Defendant's 6 conduct was privileged, in that Defendant was exercising its legal rights; Defendant's conduct 7 was lawfiil and consistent with community standards; and Defendant had a good-faith belief that 8 they it a legalrightto engage in the conduct. 9 TWENTIETH AFFIRMATIVE DEFENSE 10 Plaintiffs Complaint as a whole, and each purported cause of action alleged therein, is 11 barred or her damages, if any, are barred or reduced, to the extent any alleged harassment, or 12 discriminatory or retaliatory conduct by Defendant's employees (which it denies), was contrary to 13 its anti-harassment, discrimination, and retaliation policies, which it implemented in good faith 14 and fairly and adequately enforced. 15 TWENTY-FIRST AFFIRMATIVE DEFENSE 16 Defendant claims all defenses and immunities available under Califomia Govemment 17 Code section 12940 et seq. 18 TWENTY-SECOND AFFIRMATIVE DEFENSE 19 Defendant is relieved of any liability whatsoever as to Plaintiffs causes of action to the 20 extent any unlawful conduct alleged against Defendant and its current and/or former employees 21 occurred outside the course and scope of their employment. 22 TWENTY-THIRD AFFIRMATFVE DEFENSE 23 All actions alleged in Plaintiffs complaint were taken in the exercise of reasonable 24 discretion invested in Defendant by law (Califomia Govemment Code section 820.2). 25 TWENTY-FOURTH AFFIRMATIVE DEFENSE 26 Plaintiffs claims for punitive or exemplary damages violate rights provided under the 27 First, Fifth, Sixth, Eighth, and/or Fourteenth Amendments to the U.S. Constitution and under the 28 Califomia Constitution and/or are unconstitutional to the extent any such award for punitive or 5 Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages 1 exemplary damages is unreasonable and disproportionate under State Farm Mutual Auto. Ins. 2 Co. V. Campbell (2003) 538 U.S. 408 and its progeny. 3 TWENTY-FIFTH AFFIRMATIVE DEFENSE 4 Plaintiffs Complaint, and each purported cause ofaction alleged therein, fails to state a 5 cause or causes of action for punitive damages against Defendant under Califomia Civil Code 6 sections 3294 and 3295. 7 TWENTY-SIXTH AFFIRMATIVE DEFENSE 8 Plaintiffs Complaint as a whole, and each purported cause of action alleged therein, is 9 barred or this Court lacks jurisdiction, to the extent that any claim is subject to mandatory binding 10 arbitration pursuant to a valid and enforceable arbitration agreement. 11 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 12 Plaintiffs Complaint, and each and purported cause of action alleged therein, fails to state 13 a cause or causes of action for attorneys' fees against Defendants. 15 Because Defendant presently do not have sufficient knowledge or information upon which 16 to form a reasonable belief as to whether it may have available additional but as yet unstated 17 defenses and cannot fully anticipate all defenses that may be applicable to this action. Defendant 18 hereby reserves the right to assert additional defenses if and to the extent such defenses are or 19 become applicable. 20 PRAYER 21 WHEREFORE, Defendant prays for judgment as follows: 22 1. That Plaintiff take nothing herein; 23 2. That Plaintiffs Complaint be dismissed in its entirety with prejudice; 24 3. That Plaintiff be denied each and every demand and prayer for relief 25 contained in the Complaint; 26 4. For reasonable attomey's fees pursuant to Califomia Govemment Code 27 section 12965; 28 5. For costs of suit herein; and 6 Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages 1 6. For such other and further relief as the Court may deem just and proper. 2 Dated: May 6, 2019 JACKSON LEWIS P.C. 3 4 iS T. JONES 5 E. EVANS 6 Attomeys for Defendant LIQUI-BOX CORPORATION 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Liqui-Box Corporation's Answer To Plaintiff Sajida Zaman's Complaint For Damages 1 PROOF OF SERVICE 2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen years and not a party to the within action; my business address is Jackson Lewis P.C, 3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814. 4 On May 6, 2019,1 served the within: DEFENDANT LIQUI-BOX CORPORATION'S ANSWER TO PLAINTIFF SAJIDA ZAMAN'S COMPLAINT FOR DAMAGES on all 5 interested parties in said action, through their attomeys ofrecord as listed below, by placing a true and correct copy thereof, addressed as shown below, by the following means: 6 Q PERSONAL SERVICE - by personally delivering a tme and correct copy thereof to the person at the address set forth below, in accordance with Code of Civil Procedure 7 section 1011(a). ^ [xl MAIL - by placing a tme and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid for deposit in the United States Post Office mail box, at 9 my business address shown above, following Jackson Lewis P.C.'s ordinary business practices for the collection and processing of mail, of which I am readily familiar, and 10 addressed as set forth below. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 11 Postal Service. 12 rn OVERNIGHT DELIVERY - by depositing a tme and correct copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility 13 regularly maintained by UPS or delivering to an authorized courier or driver authorized by UPS to receive documents, addressed as set forth below. 14 rn FACSIMILE TRANSMISSION - by transmitting a tme and correct copy by 15 facsimile ftom facsimile number (916)341-0141 to the person(s) at the facsimile number(s) set forth below, which transmission was confirmed as complete. A copy of 16 the transmission record is attached hereto. 17 p] E-MAIL OR ELECTRONIC TRANSMISSION - Based on a Court order or on an agreement by the parties to accept service by e-mail or electronic transmission, I 18 caused the document(s) described above to be sent from e-mail address kellv.asano@iacksonlewis.com to the persons at the e-mail address(es) listed below. I 19 did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 20 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246) 21 FALAKASSA LAW, P.C. LIBERTY MAN LAW 1901 Avenue ofthe Stars, Suite 450 1010 F Street, Suite 300 22 Los Angeles, CA 90067 Sacramento, CA 95814 Telephone: (818)456-6168 Telephone: (916)573-0469 23 Facsimile: (888) 505-0868 Facshnile: (866)700-0787 Email: Josh(a),Falakassalaw.com 24 I declare under penalty of perjury under the laws of the State of CaUfornia that the 2^ foregoing is true and correct, and that this declaration was executed on May 6, 2019 at 2^ Sacramento, Califomia. \^^i^XJ^^^'^^ 27 Kelly Asano 4839-8234-6644, v. 1 28 PROOF OF SERVICE