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Keith E. Smith (State Bar No. 244505)
kesmith@wshblaw.com
Confiney Jakofsky (State Bar No. 3 1 1368) F LED
I
cjakofsky@wshblaw.com SUPERIOR couRT 0F CALIFORNIA
Jonathan J. Grisham (State Bar No. 3 16377) COUNTY OF SAN SERNARD'NO
SAN BERNARDINO mSTRICT
jgrisham@wshblawicom
WOOD, SMITH, HENNING & BERMAN LLP ,
3 0 2021
21804 Cactus Avenue, Suite 200 -
Riverside, California 925 1 8-3010 V
Phone: 951 779 5000 O Fax: 951 755 1650
JACQUIJNE HARNESS
Attorneys for Defendant, AIR VENT, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
10
LLP
11 STATE FARM GENERAL INSURANCE Case No. CIVSBZI 1 1551
1650
COMPANY,
200 12 DEFENDANT AIR VENT, INC.'S
BERMAN
92518—3010
755
Plaintiff, ANSWER T0 PLAINTIFF STATE FARM
GENERAL INSURANCE COMPANY'S
SUITE
951
13
& Law
at AVENUE,
FAX
o
v. COMPLAINT
HENNING
CALIFORNIA
5000
14
Attorneys
779
AIR VENT, INC. and DOES 1-20, [Assigned for A11 Purposes to Judge Hon.
CACTUS
951
15 INCLUSIVE, Janet Frangie, Dept. 829]
SMITH,
RIVERSIDE.
21804 16 Defendant. Action Filed: April l9, 2021
TELEPHONE
WOOD,
Trial Date: None Set
17
18 COMES NOW Defendant, AIR VENT, INC. (“Defendant,”) hereby answers the
l9 Complaint filed by Plaintiff, STATE FARM GENERAL INSURANCE COMPANY (“Plaintiffi”)
20 as follows: ,
21 GENERAL AND SPECIFIC DENIALS
22 1. Pursuant to the provisions 0f California Code 0f Civil Procedure Section 43 1.30(d),
23 Defendant denies, generally and specifically, each and every allegation contained in the
,
-~:\
2‘4",
and further denies been damaged amount amounts alleged
Ll
Go'mpl'a'iht, that Plaintiff has in the 0r
It‘herein',‘ omission 0n the part of
2'5 or in any other amount, 0r at all, by reason of any act 0r
26 Defendant, or by any act or omission by any agent or employee of Defendant. Defendant further
27 denies, generally and specifically, that Plaintiff is entitled to any relief whatsoever.
28 / / /
22102641131967-0005 -1- Case No. CIVSBZI l 1551
DEFENDANT AIR VENT, INC.'S ANSWER TO PLAINTIFF STATE FARM GENERAL INSURANCE
COMPANY'S COMPLAINT
FIRST AFFIRMATIVE DEFENSE
2. The Complaint and each purported cause of action stated therein fails to state facts
sufficient to constitute a cause of action against this answering Defendant.
SECOND AFFIRMATIVE DEFENSE
3. This answering Defendant is informed and believes, and based thereon alleges, that
Plaintiff has suffered no cognizable damage as a result of any and all of the matters alleged in the
Complaint.
THIRD AFFIRMATIVE DEFENSE
4. That as against this answering Defendant, Plaintifi" s action is barred by the
10 applicable statutes of limitation, including but not limited to Code of Civil Procedure sections 337,
11 337.1, 337.15, 338, and 339.
LLP
FOURTH AFFIRMATIVE DEFENSE
1650
200 12
755
BERMAN
92518—3010
SUITE 951
13 5. Any and all events and happenings, injuries, losses and expenditures referred to in
& Law
FAX
at
O
AVENUE,
CAUFORNIA
14 the Complaint herein were directly and proximately caused and contributed to, in whole or in part,
HENNING 5000
Aflorneys
779
CACTUS
15 by the carelessness and negligence of Plaintiff, and its insureds, and therefore the extent of loss,
951
SMITH,
RIVERSIDE.
21804
16 damage or expenditures sustained by Plaintiff, and its insureds, if any, should be reduced in
TELEPHONE
WOOD,
17 proportion to the amount of negligence or fault attributable to Plaintiff, and its insureds.
l8 FIFTH AFFIRMATIVE DEFENSE
19 6. This answering Defendant is informed and believes, and based thereon alleges, that
20 the injuries alleged in the Complaint, to the extent not caused or contributed to by Plaintiff and/or
21 its insureds, were proximately caused or contributed to by the negligence and fault of third
22 persons, and by reason thereof, Defendant’s liability, if any, should be no greater than the amount,
23 which expressed as a percentage of Plaintiff’ s total damage, if any, is equal to Defendant’s
24 allocable share, if any, 0f the combined negligence and fault of such third persons who
25 proximately caused or contributed to the damages, if any.
26 / / /
27 / / /
28 ///
22102641.1:11967-0005 -2- Case No. CIVSB21 1 1551
DEFENDANT AIR VENT, INC.’S ANSWER TO PLAINTIFF STATE FARM GENERAL INSURANCE
COMPANY'S COMPLAINT
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Keith E. Smith (State Bar No. 244505) kesmith@wshblaw.com Confiney Jakofsky (State Bar No. 3 1 1368) F LED I cjakofsky@wshblaw.com SUPERIOR couRT 0F CALIFORNIA Jonathan J. Grisham (State Bar No. 3 16377) COUNTY OF SAN SERNARD'NO SAN BERNARDINO mSTRICT jgrisham@wshblawicom WOOD, SMITH, HENNING & BERMAN LLP , 3 0 2021 21804 Cactus Avenue, Suite 200 - Riverside, California 925 1 8-3010 V Phone: 951 779 5000 O Fax: 951 755 1650 JACQUIJNE HARNESS Attorneys for Defendant, AIR VENT, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT 10 LLP 11 STATE FARM GENERAL INSURANCE Case No. CIVSBZI 1 1551 1650 COMPANY, 200 12 DEFENDANT AIR VENT, INC.'S BERMAN 92518—3010 755 Plaintiff, ANSWER T0 PLAINTIFF STATE FARM GENERAL INSURANCE COMPANY'S SUITE 951 13 & Law at AVENUE, FAX o v. COMPLAINT HENNING CALIFORNIA 5000 14 Attorneys 779 AIR VENT, INC. and DOES 1-20, [Assigned for A11 Purposes to Judge Hon. CACTUS 951 15 INCLUSIVE, Janet Frangie, Dept. 829] SMITH, RIVERSIDE. 21804 16 Defendant. Action Filed: April l9, 2021 TELEPHONE WOOD, Trial Date: None Set 17 18 COMES NOW Defendant, AIR VENT, INC. (“Defendant,”) hereby answers the l9 Complaint filed by Plaintiff, STATE FARM GENERAL INSURANCE COMPANY (“Plaintiffi”) 20 as follows: , 21 GENERAL AND SPECIFIC DENIALS 22 1. Pursuant to the provisions 0f California Code 0f Civil Procedure Section 43 1.30(d), 23 Defendant denies, generally and specifically, each and every allegation contained in the , -~:\ 2‘4", and further denies been damaged amount amounts alleged Ll Go'mpl'a'iht, that Plaintiff has in the 0r It‘herein',‘ omission 0n the part of 2'5 or in any other amount, 0r at all, by reason of any act 0r 26 Defendant, or by any act or omission by any agent or employee of Defendant. Defendant further 27 denies, generally and specifically, that Plaintiff is entitled to any relief whatsoever. 28 / / / 22102641131967-0005 -1- Case No. CIVSBZI l 1551 DEFENDANT AIR VENT, INC.'S ANSWER TO PLAINTIFF STATE FARM GENERAL INSURANCE COMPANY'S COMPLAINT FIRST AFFIRMATIVE DEFENSE 2. The Complaint and each purported cause of action stated therein fails to state facts sufficient to constitute a cause of action against this answering Defendant. SECOND AFFIRMATIVE DEFENSE 3. This answering Defendant is informed and believes, and based thereon alleges, that Plaintiff has suffered no cognizable damage as a result of any and all of the matters alleged in the Complaint. THIRD AFFIRMATIVE DEFENSE 4. That as against this answering Defendant, Plaintifi" s action is barred by the 10 applicable statutes of limitation, including but not limited to Code of Civil Procedure sections 337, 11 337.1, 337.15, 338, and 339. LLP FOURTH AFFIRMATIVE DEFENSE 1650 200 12 755 BERMAN 92518—3010 SUITE 951 13 5. Any and all events and happenings, injuries, losses and expenditures referred to in & Law FAX at O AVENUE, CAUFORNIA 14 the Complaint herein were directly and proximately caused and contributed to, in whole or in part, HENNING 5000 Aflorneys 779 CACTUS 15 by the carelessness and negligence of Plaintiff, and its insureds, and therefore the extent of loss, 951 SMITH, RIVERSIDE. 21804 16 damage or expenditures sustained by Plaintiff, and its insureds, if any, should be reduced in TELEPHONE WOOD, 17 proportion to the amount of negligence or fault attributable to Plaintiff, and its insureds. l8 FIFTH AFFIRMATIVE DEFENSE 19 6. This answering Defendant is informed and believes, and based thereon alleges, that 20 the injuries alleged in the Complaint, to the extent not caused or contributed to by Plaintiff and/or 21 its insureds, were proximately caused or contributed to by the negligence and fault of third 22 persons, and by reason thereof, Defendant’s liability, if any, should be no greater than the amount, 23 which expressed as a percentage of Plaintiff’ s total damage, if any, is equal to Defendant’s 24 allocable share, if any, 0f the combined negligence and fault of such third persons who 25 proximately caused or contributed to the damages, if any. 26 / / / 27 / / / 28 /// 22102641.1:11967-0005 -2- Case No. CIVSB21 1 1551 DEFENDANT AIR VENT, INC.’S ANSWER TO PLAINTIFF STATE FARM GENERAL INSURANCE COMPANY'S COMPLAINT