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1 JACK W. WEAVER, ESQ. (State Bar 278469)
WELTY, WEAVER & CURRIE, PC
2 3554 Round Barn Blvd., Suite 300
Santa Rosa, CA 95403
3
Telephone: (707) 433-4842
4 Facsimile: (707) 473-9778
5 Attorneys for Defendant/Cross-Complainant,
Cross-Defendant Jason Pearce
6
7 SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SONOMA
8
9 COUNTY OF SONOMA, ) CASE NO. SCV-272048
10 )
Cross-Complainants, )
3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403
v. ) CROSS-DEFENDANT JASON PEARCE’S
Telephone: (707) 433-4842 Facsimile (707) 473-9778
11
) ANSWER TO CROSS-COMPLAINT FOR
12 DECLARATORY RELIEF AND
WELTY, WEAVER & CURRIE, P.C.
WILLIAM J. AND JANET M. FREITAS; )
JASON PEARCE, and DOES 1 to 20, ) COMPARATIVE INDEMNITY
13 inclusive, )
) Action Filed: 11/10/2022
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Defendants. ) Trial Date: Not Set
15 )
AND RELATED CROSS-COMPLAINTS
16
17 Cross-Defendant JASON PEARCE answers the unverified Cross-Complaint as follows:
18 GENERAL DENIAL
19 In accordance with California Code of Civil Procedure Section 431.30, Cross-Defendant JASON
20 PEARCE denies generally each and every allegation of the unverified Cross-Complaint.
21 As and for his affirmative defenses to the unverified Cross-Complaint, and each purported cause
22 of action therein, this answering Defendant alleges:
23
24 FIRST AFFIRMATIVE DEFENSE
25 (No Attorney Fees or Costs)
26 1. As and for a separate and first affirmative defense, this answering Cross-Defendant is
27 informed and believes, and thereon alleges that Cross-Complainants are barred from recovery of costs,
28 attorneys’ fees or any other sums from this answering Cross-Defendant because those funds have
1
CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY
RELIEF AND COMPARATIVE INDEMNITY
1 already been paid by this answering Cross-Defendant and no additional fees are owed or incurred. In
2 addition, there was no lease in place at the time of the allegations justifying the penalties at issue in the
3 underlying Complaint by the County.
4 SECOND AFFIRMATIVE DEFENSE
5 (Acts of Others)
6
7 2. As and for a separate and second affirmative defense, this answering Cross-Defendant is
8 informed and believes, and thereon alleges that any injury, damage, or loss allegedly suffered by Cross-
9 Complainants was directly and proximately caused and contributed to by the negligence, unlawful,
10 collusive, fraudulent conduct or other fault of persons separate and apart from this answering Cross-
Defendant, whether they be named or unnamed in the within action. In the event a finding is made that
3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403
Telephone: (707) 433-4842 Facsimile (707) 473-9778
11
12 negligence, collusion, fraud, unlawful conduct or other fault exists the part of any of the parties herein,
WELTY, WEAVER & CURRIE, P.C.
13 which proximately contributed to Cross-Complainants’ costs, attorneys' fees or other relief and/or any
14 reduction in the amounts of the funds awarded to this answering Cross-Defendant, the amount of
15 recovery of the parties whose conduct was unlawful, collusive, fraudulent, negligent or otherwise
16 tortious, shall be reduced in an amount to represent the comparative fault of such parties, while the
17 amount recovered by this answering Cross-Defendant shall not be reduced.
18
19 THIRD AFFIRMATIVE DEFENSE
20 (Statute of Limitations)
21 3. As and for a separate and third affirmative defense, this answering Cross-Defendant is
22 informed and believes and thereon alleges that the Cross-Complaints and purported cause of action
23 therein for comparative indemnity is barred by the applicable statutes of limitations and statutes of
24 repose, and other statutory bars.
25 ///
26 ///
27 ///
28 ///
2
CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY
RELIEF AND COMPARATIVE INDEMNITY
1 FOURTH AFFIRMATIVE DEFENSE
2 (Failure to State a Cause of Action)
3 4. As and for a separate and fourth affirmative defense, this answering Cross-Defendant is
4 informed and believes and thereon alleges that Cross-Complainants failed to allege facts sufficient to
5 state a cause of action against this answering Cross-Defendant.
6
7 FIFTH AFFIRMATIVE DEFENSE
8 (No Fault by Answering Defendant)
9 5. As and for a separate and fifth affirmative defense, this answering Cross-Defendant is
10 informed and believes and thereon alleges that the allegations in the Cross-Complaint are the result of
the actions of Cross-Complainants and that, even if Cross-Defendant were liable for the allegations in
3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403
Telephone: (707) 433-4842 Facsimile (707) 473-9778
11
the Complaint, he has already paid the full amount of said damages. Inasmuch as any attorneys' fees,
12
WELTY, WEAVER & CURRIE, P.C.
costs or other damages allegedly sustained by Cross-Complainants, the existence of which this
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answering Cross-Defendant specifically denies, they were not the result of any acts omissions or other
14 conduct of this answering Cross-Defendant.
15 SIXTH AFFIRMATIVE DEFENSE
16 (Indemnification)
17 6. As and for a separate and sixth affirmative defense, this answering Cross-Defendant is
18 informed and believes, and thereon alleges, that he is entitled to indemnification by apportionment
19 against all parties, persons and entities whose negligence, unlawful acts or wrongful acts and/or
20 omissions contributed proximately to the claims of Cross-Complainants or any other co-defendant.
21
22 SEVENTH AFFIRMATIVE DEFENSE
23 (Substantial Compliance)
24 7. As and for a separate and seventh affirmative defense, this answering Cross-Defendant is
25 informed and believes, and thereon alleges that he has substantially complied with all rules and
26 requirements of the County and that any remaining violations or fines are the result of the actions or
27 inaction of the owners of the property or other third parties.
28 ///
3
CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY
RELIEF AND COMPARATIVE INDEMNITY
1 EIGHTH AFFIRMATIVE DEFENSE
2 (Failure to Mitigate)
3 8. As and for a separate and eighth affirmative defense, this answering Cross-Defendant is
4 informed and believes, and thereon alleges that Cross-Complainants failed to mitigate their damages
5 and took actions or engaged in other activities which increased or otherwise impacted the damages, if
6 any, owed to the County.
7
8 NINTH AFFIRMATIVE DEFENSE
9 (Estoppel)
10 9. As and for a separate and ninth affirmative defense, this answering Cross-Defendant is
3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403
Telephone: (707) 433-4842 Facsimile (707) 473-9778
11 informed and believes, and thereon alleges that Cross-Complainants are stopped from claiming any
12
WELTY, WEAVER & CURRIE, P.C.
damages from Cross-Defendant in that they fully ratified and approved of Cross-Defendant’s actions
13 and further, as owners of the property, were in charge of ensuring compliance of the property with all
14 zoning and county regulations.
15
16 TENTH AFFIRMATIVE DEFENSE
17 (Civil Code Section 1431.2)
18 10. As and for a separate and tenth affirmative defense, this answering Cross-Defendant is
19 informed and believes, and thereon alleges that to the extent Civil Code Section 1431.2 applies to this
20 action, that if liability is assessed against Cross-Defendant, then Cross-Defendant shall only be liable
21 for the amount of damage allocated to him in direct proportion to the percentage of fault assessed
22 against him by the trier of fact.
23
24 ELEVENTH AFFIRMATIVE DEFENSE
25 (Additional Unknown Defenses)
26 11. As and for a separate and eleventh affirmative defense, this answering Cross-Defendant
27 alleges that he currently has insufficient knowledge or information on which to form a belief as to
28 whether he may have additional, as yet unstated, defenses available. This answering Cross-Defendant
4
CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY
RELIEF AND COMPARATIVE INDEMNITY
1 expressly reserves the right to assert additional affirmative defenses in the event discovery indicates
2 they are applicable and appropriate.
3
4 WHEREFORE THIS ANSWERING DEFENDANT prays for judgment as follows:
5 1. That the Court enter judgment in favor of this Answering Cross-Defendant;
6 2. That Answering Cross-Defendant be awarded his lawfully incurred costs of suit;
7 3. For such other relief as this Court deems just and proper.
8
9
10 Dated: 4/05/2023 WELTY, WEAVER & CURRIE, P.C.
3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403
Telephone: (707) 433-4842 Facsimile (707) 473-9778
11
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WELTY, WEAVER & CURRIE, P.C.
By:
Jack W. Weaver, Esq.
13
Attorney for Cross-Defendant
14 JASON PEARCE
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CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY
RELIEF AND COMPARATIVE INDEMNITY
1 PROOF OF SERVICE
2 I am a citizen of the United States and employed in the County of Sonoma, California. I am
over the age of eighteen years and not a party to the within entitles cause; my business address is 3554
3 Round Barn Blvd., Suite 300, Santa Rosa, CA 95403.
4 On the date below, I served the following document(s):
5 CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR
DECLARATORY RELIEF AND COMPARATIVE INDEMNITY
6
On the interested parties in said cause as follows:
7
ROBERT H. PITTMAN, #172154 Counsel for Plaintiff
8 County Counsel
DIANA GOMEZ, #127417
9 Deputy County Counsel
County of Sonoma
10 575 Administration Drive, Room 105
3554 Round Barn Blvd., Suite 300 Santa Rosa, California 95403
Santa Rosa, California 95403-2815
Telephone: (707) 565-2421
Telephone: (707) 433-4842 Facsimile (707) 473-9778
11
Fax: (707) 565-2624
Diana.Gomez2@sonoma-county.org
WELTY , WEAVER & CURRIE, P.C.
12
Cheryl.Cornett@sonoma-county.org
13
Richard Sax, Esq. (SBN 80632) Defendants and Cross-Complainants,
14 LAW OFFICES OF RICHARD SAX WILLIAM J. FREITAS and
P.O. Box 1236 JANET M. FREITAS
15 Santa Rosa, CA 95402
Telephone: (707) 525-1824
16 Facsimile: (707) 525-8119
Email: richard@rsaxlaw.com
17
18 Jessyca S. Hoagland, Esq. (SBN 251025) Defendants and Cross-Complainants,
FIUMARA LAW, PC WILLIAM J. FREITAS and
19 182 Farmers Lane, Suite 100A JANET M. FREITAS
Santa Rosa, CA 95405
20 Telephone: (707) 571-8600
Facsimile: (707) 568-7240
21 Email: jessyca@fiumara.com
22 __x__ (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be transmitted
electronically to the email addresses indicated after the address(es) noted above. My email address is:
23 Shannon@weltyweaver.com
24
I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct, and that this declaration was executed on 4/5/2023, at Santa Rosa, California.
26
27 ______________________________________
Shannon Monaco
28
PROOF OF SERVICE
Preview
1 JACK W. WEAVER, ESQ. (State Bar 278469) WELTY, WEAVER & CURRIE, PC 2 3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403 3 Telephone: (707) 433-4842 4 Facsimile: (707) 473-9778 5 Attorneys for Defendant/Cross-Complainant, Cross-Defendant Jason Pearce 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA 8 9 COUNTY OF SONOMA, ) CASE NO. SCV-272048 10 ) Cross-Complainants, ) 3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403 v. ) CROSS-DEFENDANT JASON PEARCE’S Telephone: (707) 433-4842 Facsimile (707) 473-9778 11 ) ANSWER TO CROSS-COMPLAINT FOR 12 DECLARATORY RELIEF AND WELTY, WEAVER & CURRIE, P.C. WILLIAM J. AND JANET M. FREITAS; ) JASON PEARCE, and DOES 1 to 20, ) COMPARATIVE INDEMNITY 13 inclusive, ) ) Action Filed: 11/10/2022 14 Defendants. ) Trial Date: Not Set 15 ) AND RELATED CROSS-COMPLAINTS 16 17 Cross-Defendant JASON PEARCE answers the unverified Cross-Complaint as follows: 18 GENERAL DENIAL 19 In accordance with California Code of Civil Procedure Section 431.30, Cross-Defendant JASON 20 PEARCE denies generally each and every allegation of the unverified Cross-Complaint. 21 As and for his affirmative defenses to the unverified Cross-Complaint, and each purported cause 22 of action therein, this answering Defendant alleges: 23 24 FIRST AFFIRMATIVE DEFENSE 25 (No Attorney Fees or Costs) 26 1. As and for a separate and first affirmative defense, this answering Cross-Defendant is 27 informed and believes, and thereon alleges that Cross-Complainants are barred from recovery of costs, 28 attorneys’ fees or any other sums from this answering Cross-Defendant because those funds have 1 CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY RELIEF AND COMPARATIVE INDEMNITY 1 already been paid by this answering Cross-Defendant and no additional fees are owed or incurred. In 2 addition, there was no lease in place at the time of the allegations justifying the penalties at issue in the 3 underlying Complaint by the County. 4 SECOND AFFIRMATIVE DEFENSE 5 (Acts of Others) 6 7 2. As and for a separate and second affirmative defense, this answering Cross-Defendant is 8 informed and believes, and thereon alleges that any injury, damage, or loss allegedly suffered by Cross- 9 Complainants was directly and proximately caused and contributed to by the negligence, unlawful, 10 collusive, fraudulent conduct or other fault of persons separate and apart from this answering Cross- Defendant, whether they be named or unnamed in the within action. In the event a finding is made that 3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403 Telephone: (707) 433-4842 Facsimile (707) 473-9778 11 12 negligence, collusion, fraud, unlawful conduct or other fault exists the part of any of the parties herein, WELTY, WEAVER & CURRIE, P.C. 13 which proximately contributed to Cross-Complainants’ costs, attorneys' fees or other relief and/or any 14 reduction in the amounts of the funds awarded to this answering Cross-Defendant, the amount of 15 recovery of the parties whose conduct was unlawful, collusive, fraudulent, negligent or otherwise 16 tortious, shall be reduced in an amount to represent the comparative fault of such parties, while the 17 amount recovered by this answering Cross-Defendant shall not be reduced. 18 19 THIRD AFFIRMATIVE DEFENSE 20 (Statute of Limitations) 21 3. As and for a separate and third affirmative defense, this answering Cross-Defendant is 22 informed and believes and thereon alleges that the Cross-Complaints and purported cause of action 23 therein for comparative indemnity is barred by the applicable statutes of limitations and statutes of 24 repose, and other statutory bars. 25 /// 26 /// 27 /// 28 /// 2 CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY RELIEF AND COMPARATIVE INDEMNITY 1 FOURTH AFFIRMATIVE DEFENSE 2 (Failure to State a Cause of Action) 3 4. As and for a separate and fourth affirmative defense, this answering Cross-Defendant is 4 informed and believes and thereon alleges that Cross-Complainants failed to allege facts sufficient to 5 state a cause of action against this answering Cross-Defendant. 6 7 FIFTH AFFIRMATIVE DEFENSE 8 (No Fault by Answering Defendant) 9 5. As and for a separate and fifth affirmative defense, this answering Cross-Defendant is 10 informed and believes and thereon alleges that the allegations in the Cross-Complaint are the result of the actions of Cross-Complainants and that, even if Cross-Defendant were liable for the allegations in 3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403 Telephone: (707) 433-4842 Facsimile (707) 473-9778 11 the Complaint, he has already paid the full amount of said damages. Inasmuch as any attorneys' fees, 12 WELTY, WEAVER & CURRIE, P.C. costs or other damages allegedly sustained by Cross-Complainants, the existence of which this 13 answering Cross-Defendant specifically denies, they were not the result of any acts omissions or other 14 conduct of this answering Cross-Defendant. 15 SIXTH AFFIRMATIVE DEFENSE 16 (Indemnification) 17 6. As and for a separate and sixth affirmative defense, this answering Cross-Defendant is 18 informed and believes, and thereon alleges, that he is entitled to indemnification by apportionment 19 against all parties, persons and entities whose negligence, unlawful acts or wrongful acts and/or 20 omissions contributed proximately to the claims of Cross-Complainants or any other co-defendant. 21 22 SEVENTH AFFIRMATIVE DEFENSE 23 (Substantial Compliance) 24 7. As and for a separate and seventh affirmative defense, this answering Cross-Defendant is 25 informed and believes, and thereon alleges that he has substantially complied with all rules and 26 requirements of the County and that any remaining violations or fines are the result of the actions or 27 inaction of the owners of the property or other third parties. 28 /// 3 CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY RELIEF AND COMPARATIVE INDEMNITY 1 EIGHTH AFFIRMATIVE DEFENSE 2 (Failure to Mitigate) 3 8. As and for a separate and eighth affirmative defense, this answering Cross-Defendant is 4 informed and believes, and thereon alleges that Cross-Complainants failed to mitigate their damages 5 and took actions or engaged in other activities which increased or otherwise impacted the damages, if 6 any, owed to the County. 7 8 NINTH AFFIRMATIVE DEFENSE 9 (Estoppel) 10 9. As and for a separate and ninth affirmative defense, this answering Cross-Defendant is 3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403 Telephone: (707) 433-4842 Facsimile (707) 473-9778 11 informed and believes, and thereon alleges that Cross-Complainants are stopped from claiming any 12 WELTY, WEAVER & CURRIE, P.C. damages from Cross-Defendant in that they fully ratified and approved of Cross-Defendant’s actions 13 and further, as owners of the property, were in charge of ensuring compliance of the property with all 14 zoning and county regulations. 15 16 TENTH AFFIRMATIVE DEFENSE 17 (Civil Code Section 1431.2) 18 10. As and for a separate and tenth affirmative defense, this answering Cross-Defendant is 19 informed and believes, and thereon alleges that to the extent Civil Code Section 1431.2 applies to this 20 action, that if liability is assessed against Cross-Defendant, then Cross-Defendant shall only be liable 21 for the amount of damage allocated to him in direct proportion to the percentage of fault assessed 22 against him by the trier of fact. 23 24 ELEVENTH AFFIRMATIVE DEFENSE 25 (Additional Unknown Defenses) 26 11. As and for a separate and eleventh affirmative defense, this answering Cross-Defendant 27 alleges that he currently has insufficient knowledge or information on which to form a belief as to 28 whether he may have additional, as yet unstated, defenses available. This answering Cross-Defendant 4 CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY RELIEF AND COMPARATIVE INDEMNITY 1 expressly reserves the right to assert additional affirmative defenses in the event discovery indicates 2 they are applicable and appropriate. 3 4 WHEREFORE THIS ANSWERING DEFENDANT prays for judgment as follows: 5 1. That the Court enter judgment in favor of this Answering Cross-Defendant; 6 2. That Answering Cross-Defendant be awarded his lawfully incurred costs of suit; 7 3. For such other relief as this Court deems just and proper. 8 9 10 Dated: 4/05/2023 WELTY, WEAVER & CURRIE, P.C. 3554 Round Barn Blvd., Suite 300 Santa Rosa, CA 95403 Telephone: (707) 433-4842 Facsimile (707) 473-9778 11 12 WELTY, WEAVER & CURRIE, P.C. By: Jack W. Weaver, Esq. 13 Attorney for Cross-Defendant 14 JASON PEARCE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY RELIEF AND COMPARATIVE INDEMNITY 1 PROOF OF SERVICE 2 I am a citizen of the United States and employed in the County of Sonoma, California. I am over the age of eighteen years and not a party to the within entitles cause; my business address is 3554 3 Round Barn Blvd., Suite 300, Santa Rosa, CA 95403. 4 On the date below, I served the following document(s): 5 CROSS-DEFENDANT JASON PEARCE’S ANSWER TO CROSS-COMPLAINT FOR DECLARATORY RELIEF AND COMPARATIVE INDEMNITY 6 On the interested parties in said cause as follows: 7 ROBERT H. PITTMAN, #172154 Counsel for Plaintiff 8 County Counsel DIANA GOMEZ, #127417 9 Deputy County Counsel County of Sonoma 10 575 Administration Drive, Room 105 3554 Round Barn Blvd., Suite 300 Santa Rosa, California 95403 Santa Rosa, California 95403-2815 Telephone: (707) 565-2421 Telephone: (707) 433-4842 Facsimile (707) 473-9778 11 Fax: (707) 565-2624 Diana.Gomez2@sonoma-county.org WELTY , WEAVER & CURRIE, P.C. 12 Cheryl.Cornett@sonoma-county.org 13 Richard Sax, Esq. (SBN 80632) Defendants and Cross-Complainants, 14 LAW OFFICES OF RICHARD SAX WILLIAM J. FREITAS and P.O. Box 1236 JANET M. FREITAS 15 Santa Rosa, CA 95402 Telephone: (707) 525-1824 16 Facsimile: (707) 525-8119 Email: richard@rsaxlaw.com 17 18 Jessyca S. Hoagland, Esq. (SBN 251025) Defendants and Cross-Complainants, FIUMARA LAW, PC WILLIAM J. FREITAS and 19 182 Farmers Lane, Suite 100A JANET M. FREITAS Santa Rosa, CA 95405 20 Telephone: (707) 571-8600 Facsimile: (707) 568-7240 21 Email: jessyca@fiumara.com 22 __x__ (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be transmitted electronically to the email addresses indicated after the address(es) noted above. My email address is: 23 Shannon@weltyweaver.com 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct, and that this declaration was executed on 4/5/2023, at Santa Rosa, California. 26 27 ______________________________________ Shannon Monaco 28 PROOF OF SERVICE