On May 31, 2019 a
Answer
was filed
involving a dispute between
Juarez Alvarez, Yolanda,
and
Bessemer Trust Company, N.A.,
City Of Fontana,
Does 1 Through 100,
Does 5 Through 100, Inclusive,
Hunt Enterprises, Inc.,
Hunt, Priscilla,
Hunt Priscilla Living Trust,
for Complaint for Damages Unlimited
in the District Court of San Bernardino County.
Preview
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1 DANIEL S ALD RMAN i 1 t
State Bar No 124133
2 ALLISON R IIILG RS SQ UI 0 5 201 y
State Bar No 228862 Y
3 ALDERMAN HILGERS LLP
1150 S Olive Street Suite 1800 3r
4 Los Angeles CA 90015
Telephone
F r i E F EPt 1T
i
213 992 8206
5 Facsimile 213 992 3272
6 Attoi neys for Defendant CITY OF FONTANA
M
a
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g SUPERIOR COUR I OF THE STATE OF CALIFORNIA I
Q
9 FOR THE COUNTY OF SAN BERNARDINO j
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c
11 yOLANDA JUAREZ ALVAREZ an CASE NO CIVDS 1916334 I
individual i
12 ANSWER TO COMI LAINT j
Plaintiff
j
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14
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15 HLJNT PRISCILLA LIVING TRUST CITY OF Complaint filed 5 31 19 f
FONTANA et al l
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Defendants
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1 Defendant CITY OF FONTANA in answer to plaintifPs complaint herein admits denies
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and alleges as follows r
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GEN RAL D NIAL
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Under the provisions of Sectzorr 431 30 of tl e California Code of Civil Procedur e
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this answering defendant denies each every and all allegations in said unverified complaint and
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the whole thereof and denies that plaintiff sustained damages in the sum or sums alleged in any I
25 other sum or at all
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FIRST AFFIRMATIV DEFENSE
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2 PlaintifPs complaint fails to state facts sufficient to constitute a cause of action against
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this answering defendant
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ANSW R TO COMPLAIN7
1 SECOND AFFIRMATIVE DEFENSE
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3 Plaintiff and or plaintiff s decedent was careless and negligent in and about the matters
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alleged in the complaint Said carelessness and negligence on plaintiff s part proximately
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contributed to the occun ence of the incident and to the injuries loss and damages complained
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thereof if there were any Accordingly plaintifPs right lo recover damages is conespondingly
barred or proportionately reduced
g THIRD AFFIRMATIVE D FENSE
9 4 Plaintiff and or Plaintiff s decedent with full knowledge of the consequences of his her
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acts and with full lcnowledge of the dangers incident thereto was voluntarily exposed to all of the
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matters and ihings alleged in the complaint and did thereby assume the risk genei ally incident
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thereto
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FOURTH AFFIRMATIVE DEFENSE
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15 5 There is no liability as the danger if any which existed at the time and place mentioned
16 in the complaint was a danger that would have been reasonably apparent to and would have becn
1
anticipated by a person exercising due care
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1g
FIFTH AFFIRMATIVI DEF NSE
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6 Any damages sustained by Plaintiffand or Plaintiffls decedent were the result of
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superseding or intervening causation by an independent and unforeseeable force which broke the I
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chain of causation
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23 SIXTH AFFIRMATIVE DEFENSE
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24 7 Plaintiff is bari the statute of limitations forth in Code ofCivil I
s complaint ed
by set
25 Pr ocedatre Section 335 et seq and Gover m 7ent Code Section 901 et seq i
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SEV NTH AFFIRMATIVE DEFENSE
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8 Any and all darnages sustained by Pfaintiff and or PlaintifPs decedent were the direct
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and legal result of plaintiff s failui e to mitigate h damages
ANSWER TO COMPLAINT
Document Filed Date
July 05, 2019
Case Filing Date
May 31, 2019
Category
Complaint for Damages Unlimited
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a F P 4 u rl i r iE r r r 1 DANIEL S ALD RMAN i 1 t State Bar No 124133 2 ALLISON R IIILG RS SQ UI 0 5 201 y State Bar No 228862 Y 3 ALDERMAN HILGERS LLP 1150 S Olive Street Suite 1800 3r 4 Los Angeles CA 90015 Telephone F r i E F EPt 1T i 213 992 8206 5 Facsimile 213 992 3272 6 Attoi neys for Defendant CITY OF FONTANA M a I g SUPERIOR COUR I OF THE STATE OF CALIFORNIA I Q 9 FOR THE COUNTY OF SAN BERNARDINO j 10 I c 11 yOLANDA JUAREZ ALVAREZ an CASE NO CIVDS 1916334 I individual i 12 ANSWER TO COMI LAINT j Plaintiff j 13 14 i 15 HLJNT PRISCILLA LIVING TRUST CITY OF Complaint filed 5 31 19 f FONTANA et al l 16 Defendants 17 1 Defendant CITY OF FONTANA in answer to plaintifPs complaint herein admits denies 19 and alleges as follows r 20 GEN RAL D NIAL 21 1 Under the provisions of Sectzorr 431 30 of tl e California Code of Civil Procedur e 22 this answering defendant denies each every and all allegations in said unverified complaint and 23 24 the whole thereof and denies that plaintiff sustained damages in the sum or sums alleged in any I 25 other sum or at all 26 FIRST AFFIRMATIV DEFENSE 27 2 PlaintifPs complaint fails to state facts sufficient to constitute a cause of action against 28 this answering defendant 1 ANSW R TO COMPLAIN7 1 SECOND AFFIRMATIVE DEFENSE 2 3 Plaintiff and or plaintiff s decedent was careless and negligent in and about the matters 3 alleged in the complaint Said carelessness and negligence on plaintiff s part proximately 4 contributed to the occun ence of the incident and to the injuries loss and damages complained 5 6 thereof if there were any Accordingly plaintifPs right lo recover damages is conespondingly barred or proportionately reduced g THIRD AFFIRMATIVE D FENSE 9 4 Plaintiff and or Plaintiff s decedent with full knowledge of the consequences of his her 1 acts and with full lcnowledge of the dangers incident thereto was voluntarily exposed to all of the 11 matters and ihings alleged in the complaint and did thereby assume the risk genei ally incident 12 thereto 13 FOURTH AFFIRMATIVE DEFENSE 14 15 5 There is no liability as the danger if any which existed at the time and place mentioned 16 in the complaint was a danger that would have been reasonably apparent to and would have becn 1 anticipated by a person exercising due care i 1g FIFTH AFFIRMATIVI DEF NSE 19 6 Any damages sustained by Plaintiffand or Plaintiffls decedent were the result of 20 superseding or intervening causation by an independent and unforeseeable force which broke the I 21 chain of causation 22 23 SIXTH AFFIRMATIVE DEFENSE i 24 7 Plaintiff is bari the statute of limitations forth in Code ofCivil I s complaint ed by set 25 Pr ocedatre Section 335 et seq and Gover m 7ent Code Section 901 et seq i 26 SEV NTH AFFIRMATIVE DEFENSE 27 8 Any and all darnages sustained by Pfaintiff and or PlaintifPs decedent were the direct 28 and legal result of plaintiff s failui e to mitigate h damages ANSWER TO COMPLAINT