Answer: Fire Guard Corporation vs. California Department of Forestry ...

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                                . 1   XAVIER BECERRA
      Attomey General of Califomia
 2    TRACY L . WINSOR
      Supervising Deputy Attomey General
 3    COURTNEY S. COVINGTON, State Bar No. 259723
      ANDREA M . KENDRICK, State Bar No. 225688
 4    Deputy Attomeys General
       1300 I Street, Suite 125
 5     P.O. Box 944255
       Sacramento, CA 94244-2550
 6     Telephone: (916)210-7791
       Fax: (916)327-2319
 7     E-mail: Courtney.Covinoton(5),doj.ca.gov
 8    Attorneys for Defendants                                     Exempt from Filing Fees pursuant to
                                                                   Government Code § 6103
 9
10                       SUPERIOR COURT OF THE STATE OF CALIFORNIA

11                                   COUNTY OF SACRAMENTO

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13    FIRE GUARD CORPORATION;                             Case No. 34-2019-00249221
      BAHMAN BRIAN SHAHANGIAN, an
14    individual; CALIFORNIA FIRE                         DEFENDANTS' ANSWER TO FIRST
      PROTECTION COALITION, a California                  AMENDED COMPLAINT
15    Corporation; and JUAN CARLOS DEL
      TORO TREJO, and individual,
16                                                        Action Filed: January 25, 2019
                                           Plaintiffs,
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19    CALIFORNIA DEPARTMENT OF
      FORESTRY AND FIRE PROTECTIN;
20    CALIFORNIA OFFICE OF THE STATE
      FIRE MARSHAL; MIKE RICHWINE, in
21    his official capacity as State Fire Marshal;
      JEFFREY SCHWARTZ, in his official
22    capacity as Deputy State Fire Marshal; and
      DOES 1 through 10, inclusive.
23
                                       Defendants.
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                                                         Answer to First Amended Complaint (34-2019-00249221)
 1         Defendants Califomia Department of Forestry and Fire Protection, Califomia Office of the
 2   State Fire Marshal, Mike Richwine, and Jeffery Schwartz hereby answer the First Amended

 3   Complaint for Declaratory and Injunctive Relief ofPlaintiffs Fire Guard Corporation, Bahman

 4   Brian Shahangian, Califomia Fire Protection Coalition, and Juan Carlos Del Toro Trejo as

 5   follows:
 6         Defendants deny each and every allegation of Plaintiffs' First Amended Complaint.
 7   DEFENDANTS ALSO ASSERT the following affirmative defenses:

 8   AFFIRMATIVE DEFENSE NO. 1:
 9         The First Amended Complaint and each cause of action alleged therein are barred by the
10   statutes of limitations of Code of Civil Procedure sections 335.1, 338 and 343, conjunctively and
11   separately.
12   AFFIRMATIVE DEFENSE NO. 2:
13          The First Amended Complaint and each cause of action alleged therein .are barred by the
14   doctrine of laches and unreasonable delay in bringing this action.
                            4




15   AFFIRMATIVE DEFENSE NO. 3:

16         Plaintiffs have waived any right to relief for the causes of action alleged in the First

17   Amended Complaint.

18   AFFIRMATIVE DEFENSE NO. 4:

19         The First Amended Complaint and each cause of action alleged therein are barred and this
20   court is without jurisdiction because Plaintiffs failed to exhaust administrative remedies.

21   AFFIRMATIVE DEFENSE NO. 5:

22         Neither the State of Califomia nor any of its departments is a "person" within the meaning

23   ofthe Federal Civil Rights Act, 42 U.S.C. section 1983 etseq.

24 . AFFIRMATIVE DEFENSE NO. 6:                                                                    .   .

25         The First Amended Complaint fails to allege a cause of action for a Constitutional

26   violation, or any cause of action at all.

27   ///

28   ///           •
                                                       2.
                                                       Answer to First Amended Complaint (34-2019-00249221)
 1   AFFIRMATIVE DEFENSE NO. 7:

 2          Defendants at all times relevant herein, acted in a legislative, judicial, quasi-legislative,

 3   and/or quasi-judicial capacity and are entitled to absolute and unqualified official immunity.
 4   AFFIRMATIVE DEFENSE NO. 8:

 5          Defendants have not deprived any person of any right, privilege, or immunity guaranteed
 6   by the Constitution or laws of the United States. There has been no deprivation of any right,
 7   privilege, or immunity guaranteed by the laws or Constitution of the United States.

 8   AFFIRMATIVE DEFENSE NO. 9:
 9          The First Amended Complaint fails to allege a cause of action for violation of civil rights,
10   as any deprivation of civil rights alleged in the First Amended Complaint was not without due

11   process of law.
12   AFFIRMATIVE DEFENSE NO. 10:
13          Defendants are entitled to qualified and official and quasi-judicial immunity. Defendants
14   acted at all times herein relevant in good faith, with due care, within the scope of discretion, and
15   pursuant to laws, regulations, mles, and practices reasonably believed to be in accordance with
16   the Constitution and laws ofthe United States. There is no liability pursuant to the Federal Civil
17   Rights Act, 42 U.S.C. section 1983 et seq, where one acts in good faith and entertains an honest,
18   reasonable belief that one's actions are in accord with the clearly-established law.

19   AFFIRMATIVE DEFENSE NO. 11:.

20          Insofar as Defendants have promulgated any mle or regulation or directive, such

21   promulgation was done within the scope of discretion, in good faith, with due care, and with the

22   intent that such mle or regulation or directive conforms in all respects to the Constitution and

23   laws of the United States and Califomia.

24   AFFIRMATIVE DEFENSE NO. 12:

25          The First Amended Complaint is couched in conclusory terms, therefore, all affirmative

26   defenses that may be applicable to the action cannot be fiilly anticipated. Accordingly,

27   Defendants reserve the right to assert additional affirmative defenses as may be required.
28   ///.
                                                 •      3        "
                                                        Answer to First Amended Complaint (34-2019-00249221)
 1   WHEREFORE, Defendants pray that:
 2         1. Judgment be rendered in favor of Defendants and against Plaintiffs;
 3         2. Plaintiffs take nothing by the First Amended Complaint;
 4         3. Defendants be awarded costs of suit incurred herein; and
 5        .4. Defendants be awarded such other and further relief as the Court may deem necessary
 6   and proper.
 7
 8   Dated: May'30, 2019                                Respectfully Submitted,
9                                                       XAVIER BECERRA
                                                        Attomey General of Califpmia
10                                                      TRACY L . WINSOR
                                                        Supervising Deputy Attomey General
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                                                        COURTNEY srCoviNGTON
14                                                      ANDREA M. KENDRICK
                                                        Deputy Attomeys General
15                                                      Attorneys for Defendants
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     SA2019300028
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                                                    Answer to First Amended Complaint (34-2019-00249221)
                          DECLARATION OF SERVICE BY U.S. MAIL

Case Name: Fire Guard Corporation; et al. v. CA Department of Forestry and Fire
           Protection, etal.

Case No.:         Sacramento County Superior Court no. 34-2019-00249221

Ideclare:

I am employed in the Office of the Attomey General, which is the office of a member ofthe
Califomia State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attomey General for collection and processing of cortespondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the intemal
mail collection system at the Office of the Attomey General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.

On Mav 31. 2019.1 served the attached DEFENDANTS' ANSWER TO FIRST AMENDED
COMPLAINT by placing a tme copy thereof enclosed in a sealed envelope in the intemal mail
collection system at the Office of the Attomey General at 13001 Street, Suite 125, P.O. Box
944255, Sacramento, CA 94244-2550, addressed as follows:

 Timothy V. Kassouni, Esq.
 KASSOUNILAW
 621 Capital Mall, Ste. 2025
 Sacramento, CA 95814
 Attomeys for Plaintiffs Fire Guard Corporation,
 Bahaman Brian Shahangian, Califomia Fire Protection Coalition
  and Juan Carlos Del Toro Trejo



I declare under penalty of perjury under the laws of the State of Califomia the foregoing is tme
and cortect and that this declaration was executed on May 31, 2019, at Sacramento, Califomia.



                Jennifer L. Taggart
                    Declarant
SA20I930(X)28
137839I5.docx