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1 LAW OFFICES OF JOHN A. HAUSER
By: LAURIE J. ELZA, State Bar No.: 284903
2 One Pointe Drive, 6th Floor,
3 Brea, CA 92821
Phone: (714) 571-0407 / Fax: (877) 369-5799
4 Direct: (714) 371-2311
E-Mail: laurie.elza@thehartford.com
5 Mailing Address: P.O. Box 2282, Brea, CA 92822-2282
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Attorneys for Defendant and Cross-Complainant, NTN PROPERTIES LLC
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF MONTEREY
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11 LOUIS MONTANO, JR.; LOUIE MONTANO ) CASE NO. 21CV003635 [LEAD]
III; and MICHAEL MONTANO, ) [c/w 22CV002531; 22CV003206; 22CV003261;
12 ) 22CV003443; and 22CV003598]
13 Plaintiffs, )
vs. ) JUDGE: Hon. Carrie M. Panetta
14 ) DEPT.: 14
CITY OF SALINAS; GINO'S RESTAURANT, )
15 INC.; GINO'S FINE ITALIAN FOOD, INC.; ) DEFENDANT NTN PROPERTIES
BLFA PROPERTIES LLC; NTN ) LLC'S ANSWER TO UNVERIFIED
16 FIRST AMENDED COMPLAINT
PROPERTIES LLC; NGOCHAO THI )
17 NGUYEN; RALPH BOZZO; ROSAURA ) OF DANIEL ORTEGA AND
ARCOS PANIAGUA; AUSTIN ALARCON; ) YOSELYN GARCIA
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and DOES 1-35, )
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Defendants. ) Date Lead Action Filed: 11/16/2021
20 _____________________________________ / Trial Date: N/A
DANIEL ORTEGA, an individual; YOSELYN )
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GARCIA, an individual; )
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Plaintiffs, )
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vs. )
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)
25 GINO'S RESTAURANT INC.; GINO'S FINE )
ITALIAN FOOD, INC.; BLFA PROPERTIES )
26 LLC; NTN PROPERTIES LLC; NGOCHAO )
27 THI NGUYEN, an individual; RALPH )
BOZZO, an individual; AUSTIN ALARCON, )
28 an individual; ARTURO MIRANDA )
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 ALARCON, an individual; ROSAURA )
ARCOAS PANIAGUA, an individual; )
2 BRYAN CABALLERO TENA, an individual; )
3 and DOES 1 to 20, inclusive; )
)
4 Defendants. )
_____________________________________ /
5 )
6 AND ALL RELATED CROSS ACTIONS )
_____________________________________ /
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8 Defendant NTN PROPERTIES LLC admits, denies, and alleges as follows:
9 Under the provisions of Section 431.30(d) of the California Code of Civil Procedure, this
10 answering Defendant denies each and every and all of the allegations of the Plaintiffs' First
11 Amended Complaint, and the whole thereof; and denies that Plaintiffs sustained damages in any
12 sum or sums alleged, or any sum at all.
13 FOR A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE:
14 This answering Defendant alleges that if Plaintiffs are entitled to a joint judgment against
15 this answering Defendant and the remaining Defendants, and each of them, this answering
16 Defendant prays that this court order each of the judgment debtors to pay to Plaintiffs their
17 proportionate share of joint judgment, the judgment debtor's proportionate share having been
18 determined by the trier of fact; and if this answering Defendant is required to pay to Plaintiffs a
19 disproportionate share of each joint judgment, this answering Defendant prays leave of this court
20 to seek contribution by motion against any other judgment debtor not paying the proportionate
21 share allocated to any such Defendant by the trier of fact.
22 FOR A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE:
23 This answering Defendant alleges that the injuries sustained by Plaintiffs, if any, were
24 either wholly or in part negligently caused by persons, firms, corporations, or entities other than
25 this answering Defendant, and said negligence is either imputed to Plaintiffs by reason of the
26 relationship of said parties to Plaintiffs, and/or said negligence comparatively reduces the
27 percentage of negligence, if any, by this answering Defendant.
28 ///
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 FOR A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE:
2 This answering Defendant is informed and believes, and thereon alleges that if, in fact,
3 Plaintiffs were damaged in any manner whatsoever, that said damage, if any, was a direct and
4 proximate result of the intervening and superseding actions, both criminal and non-criminal, on
5 the part of other parties, and not of this answering Defendant, and that such intervening and
6 superseding actions of said other parties bar recovery herein on behalf of Plaintiffs.
7 FOR A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE:
8 This answering Defendant is informed and believes, and thereon alleges, that this
9 answering Defendant is entitled to a right of indemnification by apportionment against all other
10 parties and persons whose negligence contributed proximately to the happenings of the claimed
11 incident or alleged injuries.
12 FOR A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE:
13 This answering Defendant is informed and believes, and thereon alleges, that this
14 answering Defendant is entitled to a right of contribution from any person whose negligence
15 proximately contributed to the happenings of the claimed incident or alleged injuries, if said
16 Plaintiffs should receive a verdict against this answering Defendant.
17 FOR A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE;
18 This answering Defendant is informed and believes, and upon such information and
19 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file
20 herein, Plaintiffs were aware of certain dangers and risks that were apparent; that Plaintiffs did
21 knowingly and voluntarily assume and expose themselves to said known risks which proximately
22 caused and contributed to the damages, and injuries, if any, referred to in said First Amended
23 Complaint, and thereby should be barred from recovery.
24 FOR A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE:
25 This answering Defendant is informed and believes, and based upon said information and
26 belief thereon alleges, that at the time of the incident described in said First Amended Complaint
27 on file herein, Plaintiffs failed to mitigate their damages, with such failure causing and
28 contributing to cause further injury and damages.
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 FOR AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE:
2 This answering Defendant is informed and believes, and upon such information and
3 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file
4 herein, that the alleged defect or hazard made the basis of Plaintiffs’ First Amended Complaint
5 was an open and obvious condition known to Plaintiffs at and before the claimed incident.
6 FOR A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE:
7 This answering Defendant is informed and believes, and upon such information and
8 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file
9 herein, that Defendant had no actual or constructive knowledge of the alleged defect or hazard
10 made the basis of Plaintiffs’ First Amended Complaint, and third party actors’ failure to use
11 reasonable care and/or not violate the law.
12 FOR A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE:
13 This answering Defendant is informed and believes, and upon such information and
14 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file
15 herein, that Plaintiffs’ respective injuries and damages, in whole or in part, were caused by pre-
16 existing conditions or injuries which were not exacerbated or caused by the claimed incident.
17 FOR AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE:
18 This answering Defendant is informed and believes, and upon such information and
19 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file
20 herein, that Plaintiffs’ respective injuries and damages, in whole or in part, were caused by the
21 criminal acts of others over whom Responding Party exercised no control.
22 WHEREFORE, having fully answered, this answering Defendant prays that Plaintiffs
23 take nothing by said First Amended Complaint, but that this answering Defendant have and
24 recover judgment herein against Plaintiffs for costs incurred herein, and for such other and
25 ///
26 ///
27 ///
28 ///
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 further relief as this court may deem just and proper.
2 Dated: July 21, 2023 LAW OFFICES OF JOHN A. HAUSER
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BY: __________________________
4 LAURIE J. ELZA
5 Attorneys for Defendant and Cross-Complainant,
NTN PROPERTIES LLC
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 PROOF OF SERVICE
LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al.
2 Case No. 21CV003635 [LEAD]
[Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598]
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I am over the age of eighteen years and not a party to this action. My business address is:
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Law Offices of John A. Hauser, One Pointe Drive, 6th Floor, Brea, CA 92821; email address:
5 maureen.merriles@thehartford.com.
6 On July 21, 2023, I served a true and correct copy of the following document(s), on the
7 interested party/parties identified on the attached Service List:
8 DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST
AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA
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10 BY U.S. MAIL
I placed the subject document(s) in a sealed envelope or package addressed to the
11 interested party/parties on the attached Service List with postage fully prepaid. I placed
the envelope for collection and mailing, following our firm’s ordinary business
12 practices. I am readily familiar with this firm’s practice for collecting and processing
13 correspondence for mailing. On the same day that correspondence is placed for
collection and mailing, it is deposited in the ordinary course of business with the United
14 States Postal Service.
BY OVERNIGHT MAIL
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I placed the subject document(s) in a sealed envelope or package provided by an
16 overnight delivery carrier addressed to the interested party/parties on the attached
Service List. I placed the envelope or package for collection and overnight delivery at a
17 regularly utilized drop box of the overnight delivery carrier.
18 BY MESSENGER
I placed the subject document(s) in a sealed envelope or package addressed to the
19 interested party/parties on the attached Service List and provided them to a professional
messenger service.
20 BY FACSIMILE to MAYR LAW FIRM *ONLY*
Based on an agreement of the parties to accept service by fax transmission, I faxed the
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document(s) on the interested party/parties on the attached Service List. No error was
22 reported by the fax machine I used. A copy of the record of the fax transmission, which
I printed, is attached.
23 BY ELECTRONIC SERVICE
24 Based on applicable law or statute, including California Rule of Court 2.251(C)(3)
and/or Code of Civil Procedure § 1010.6), or an agreement of the parties to accept
25 service by electronic transmission, I electronically served the document(s) on the
26 interested party/parties on the attached Service List.
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 CERTIFIED MAIL – RETURN RECEIPT REQUESTED
I placed the subject document(s) in a sealed envelope or package addressed to the
2 interested party/parties on the attached Service List with postage fully prepaid with a
3 return receipt requested to be signed by the addressee that the documents were received.
I placed the envelope for collection and mailing, following our firm’s ordinary business
4 practices. I am readily familiar with this firm’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for
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collection and mailing, it is deposited in the ordinary course of business with the United
6 States Postal Service.
7 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
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9 Date: July 21, 2023
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11 __________________________________
MAUREEN MERRILES
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13 For purposes of serving documents on the Law Offices of John A. Hauser, please use
14 the email address for the attorney of record (Laurie.Elza@thehartford.com) and
LawOfficesHauser@thehartford.com.
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 SERVICE LIST
LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al.
2 Case No. 21CV003635 [LEAD]
[Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598]
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Emily A. Ruby, Esq. Richard C. Alpers, Esq.
4 Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC.
5 GREENBERG AND RUBY INJURY P.O. Box 1540
ATTORNEYS, APC Aptos, CA 95001
6 6100 Wilshire Blvd., Ste. 1170 T: 855-808-1174 / F: 855-870-1129
Los Angeles, CA 90048 E: rca@alperslawgroup.com
7 T: 323-782-0535 / F: 323-782-0543 Co-Counsel for Plaintiffs, LOUIS MONTANO,
E: eruby@caltrialpros.com; JR.; LOUIE MONTANO III; MICHAEL
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scardenas@caltrialpros.com; MONTANO
9 kdobroth@caltrialpros.com;
records@caltrialpros.com
10 Attorneys for Plaintiffs, LOUIS MONTANO,
JR.; LOUIE MONTANO III; MICHAEL
11 MONTANO
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Christopher A. Callihan, Esq. William R. Price, Esq.
13 OFFICE OF THE CITY ATTORNEY D. Scott Dodd, Esq.
200 Lincoln Ave. LAW OFFICES OF WILLIAM R. PRICE
14 Salinas, CA 93901 12636 High Bluff Dr., Ste. 400
T: 831-758-7256 / F: 831-758-7257 San Diego, CA 92130
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E: chrisc@ci.salinas.ca.us T: 831-758-7256 / F:
16 Attorneys for Defendant/Cross-Complainant, E: wprice@williamrprice.com;
CITY OF SALINAS sdodd@williamrprice.com;
17 lshaw@williamrprice.com
Co-Counsel for Defendant/Cross-Complainant,
18 CITY OF SALINAS
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Cynthia Shambaugh, Esq. Rodney N. Mayr, Esq.
20 Chandrani Mandal, Esq. MAYR LAW FIRM
LEWIS BRISBOIS BISGAARD & SMITH 1010 W. Taylor St.
21 LLP San Jose, CA 95126
2185 N. California Blvd., Ste. 300 T: 408-331-7606 / F: 669-266-5612
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Walnut Creek, CA 94596 E: rodney@mayrlawfirm.com;
23 T: 925-357-3456 / F: 925-478-3260 emiliano@mayrlawfirm.com
E: cynthia.shambaugh@lewisbrisbois.com; Attorneys for Defendants/Cross-Defendants,
24 joan.whipple@lewisbrisbois.com; ROSAURA ARCOS PANIAGUA and AUSTIN
chandrani.mandal@lewisbrisbois.com; ALARCON
25 izie.hudson@lewisbrisbois.com
26 Attorneys for Defendants/Cross-Defendants, *SERVE VIA FACSIMILE ALSO –
GINO’S RESTAURANT, INC.; GINO’S CONSISTENT PROBLEMS WITH THEIR
27 FINE ITALIAN FOOD, INC. and EMAIL*
NGOCHAO THI NGUYEN
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 Joseph J. Babich, Esq. Matthew M. Spolsky, Esq.
DREYER BABICH BUCCOLA WOOD FORD, WALKER, HAGGERTY & BEHAR,
2 CAMPORA, LLP LLP
3 20 Bicentennial Circle One World Trade Center, 27th Floor
Sacramento, CA 95826 Long Beach, CA 90831
4 T: 916-379-3500 / F: 916-379-3599 T: 562-983-2579/ F: 562-590-3571
E: jbabich@dbbwc.com; E: mspolsky@fwhb.com; rvance@fwhb.com;
5 tstevens@dbbwc.com; DBBWC- rlr_service@fwhb.com
ESERVICE@dbbwc.com Attorneys for Defendant/Cross-Complainant,
6 Attorneys for Plaintiff, MAIRA ARELLANO AUSTIN ALARCON– Monterey Superior Court,
7 – Monterey Superior Court, Case # 22CV002531; Maira Arellano vs. Austin
22CV002531; Maira Arellano vs. Austin Alarcon, et al.
8 Alarcon, et al.
9 Neil P. Berman, Esq. Shahin “Shawn” Kahroba, Esq.
RUCKA, O'BOYLE, LOMBARDO & SHERIDAN & RUND, KAHROBA PC
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MCKENNA 270 Coral Circle
11 245 W. Laurel Dr. El Segundo, CA 90245
Salinas, CA 93906 T: 310-640-1200 / F: 310-640-0200
12 T: 831-443-1051 / F: 831-443-6419 E: shawn@srlawyers.com
E: nberman@rolmlaw.com; Attorneys for Plaintiff, ROBERT ROSETT –
13 spena@rolmlaw.com; janie@rolmlaw.com Monterey Superior Court, Case # 22CV003261;
14 Attorneys for Plaintiff, DIANE MIDDAUGH Robert Rosett vs Austin Alarcon, et al.
– Monterey Superior Court, Case #
15 22CV003206; Diane Middaugh vs BLFA
Properties LLC, et al.
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17 Michael P. Masuda, Esq. Owili K. Eison, Esq.
NOLAND, HAMERLY, ETIENNE & HOSS Yen-Yu “Renee” Liu, Esq.
18 333 Salinas St. BD&J, PC
Salinas, CA 93901 9701 Wilshire Blvd., 12th Floor
19 Mailing Address: Beverly Hills, CA 90212
P.O. Box 2510 T: 310-887-1818 / F: 310-887-1880
20 Salinas, CA 93902 E: oe@bhattorneys.com; ryl@bhattorneys.com;
21 T: 831-424-1414 / F: 831-424-1975 eservet1@bhattorneys.com;
E: mmasuda@nheh.com; parce@nheh.com rrg@bhattorneys.com Attorneys for Plaintiffs,
22 Attorneys for Plaintiff, KEVIN SMITH – DANIEL ORTEGA and YOSELIN GARCIA –
Monterey Superior Court, Case # Monterey Superior Court, Case # 22CV003598;
23 22CV003443; Kevin Smith vs Gino's Fine Daniel Ortega, et al. vs. Austin Alarcon, et al.
Italian Food, Inc., et al.
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
1 Gina D. Huettel, Esq.
WILLIAMS, PINELLI & CULLEN
2 1960 The Alameda, Ste. 195
3 San Jose, CA 95126
T: 408-288-3868 x 109 / F: 408-288-3860
4 E: ghuettel@wpclaw.com;
amagana@wpclaw.com
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Attorneys for Defendant, BRYAN
6 CABALLERO TENA – Monterey Superior
Court, Case # 22CV003598; Daniel Ortega,
7 et al. vs. Austin Alarcon, et al.
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DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF
DANIEL ORTEGA AND YOSELYN GARCIA
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1 LAW OFFICES OF JOHN A. HAUSER By: LAURIE J. ELZA, State Bar No.: 284903 2 One Pointe Drive, 6th Floor, 3 Brea, CA 92821 Phone: (714) 571-0407 / Fax: (877) 369-5799 4 Direct: (714) 371-2311 E-Mail: laurie.elza@thehartford.com 5 Mailing Address: P.O. Box 2282, Brea, CA 92822-2282 6 Attorneys for Defendant and Cross-Complainant, NTN PROPERTIES LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 11 LOUIS MONTANO, JR.; LOUIE MONTANO ) CASE NO. 21CV003635 [LEAD] III; and MICHAEL MONTANO, ) [c/w 22CV002531; 22CV003206; 22CV003261; 12 ) 22CV003443; and 22CV003598] 13 Plaintiffs, ) vs. ) JUDGE: Hon. Carrie M. Panetta 14 ) DEPT.: 14 CITY OF SALINAS; GINO'S RESTAURANT, ) 15 INC.; GINO'S FINE ITALIAN FOOD, INC.; ) DEFENDANT NTN PROPERTIES BLFA PROPERTIES LLC; NTN ) LLC'S ANSWER TO UNVERIFIED 16 FIRST AMENDED COMPLAINT PROPERTIES LLC; NGOCHAO THI ) 17 NGUYEN; RALPH BOZZO; ROSAURA ) OF DANIEL ORTEGA AND ARCOS PANIAGUA; AUSTIN ALARCON; ) YOSELYN GARCIA 18 and DOES 1-35, ) 19 ) Defendants. ) Date Lead Action Filed: 11/16/2021 20 _____________________________________ / Trial Date: N/A DANIEL ORTEGA, an individual; YOSELYN ) 21 GARCIA, an individual; ) 22 ) Plaintiffs, ) 23 ) vs. ) 24 ) 25 GINO'S RESTAURANT INC.; GINO'S FINE ) ITALIAN FOOD, INC.; BLFA PROPERTIES ) 26 LLC; NTN PROPERTIES LLC; NGOCHAO ) 27 THI NGUYEN, an individual; RALPH ) BOZZO, an individual; AUSTIN ALARCON, ) 28 an individual; ARTURO MIRANDA ) 1 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 ALARCON, an individual; ROSAURA ) ARCOAS PANIAGUA, an individual; ) 2 BRYAN CABALLERO TENA, an individual; ) 3 and DOES 1 to 20, inclusive; ) ) 4 Defendants. ) _____________________________________ / 5 ) 6 AND ALL RELATED CROSS ACTIONS ) _____________________________________ / 7 8 Defendant NTN PROPERTIES LLC admits, denies, and alleges as follows: 9 Under the provisions of Section 431.30(d) of the California Code of Civil Procedure, this 10 answering Defendant denies each and every and all of the allegations of the Plaintiffs' First 11 Amended Complaint, and the whole thereof; and denies that Plaintiffs sustained damages in any 12 sum or sums alleged, or any sum at all. 13 FOR A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE: 14 This answering Defendant alleges that if Plaintiffs are entitled to a joint judgment against 15 this answering Defendant and the remaining Defendants, and each of them, this answering 16 Defendant prays that this court order each of the judgment debtors to pay to Plaintiffs their 17 proportionate share of joint judgment, the judgment debtor's proportionate share having been 18 determined by the trier of fact; and if this answering Defendant is required to pay to Plaintiffs a 19 disproportionate share of each joint judgment, this answering Defendant prays leave of this court 20 to seek contribution by motion against any other judgment debtor not paying the proportionate 21 share allocated to any such Defendant by the trier of fact. 22 FOR A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE: 23 This answering Defendant alleges that the injuries sustained by Plaintiffs, if any, were 24 either wholly or in part negligently caused by persons, firms, corporations, or entities other than 25 this answering Defendant, and said negligence is either imputed to Plaintiffs by reason of the 26 relationship of said parties to Plaintiffs, and/or said negligence comparatively reduces the 27 percentage of negligence, if any, by this answering Defendant. 28 /// 2 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 FOR A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE: 2 This answering Defendant is informed and believes, and thereon alleges that if, in fact, 3 Plaintiffs were damaged in any manner whatsoever, that said damage, if any, was a direct and 4 proximate result of the intervening and superseding actions, both criminal and non-criminal, on 5 the part of other parties, and not of this answering Defendant, and that such intervening and 6 superseding actions of said other parties bar recovery herein on behalf of Plaintiffs. 7 FOR A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE: 8 This answering Defendant is informed and believes, and thereon alleges, that this 9 answering Defendant is entitled to a right of indemnification by apportionment against all other 10 parties and persons whose negligence contributed proximately to the happenings of the claimed 11 incident or alleged injuries. 12 FOR A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE: 13 This answering Defendant is informed and believes, and thereon alleges, that this 14 answering Defendant is entitled to a right of contribution from any person whose negligence 15 proximately contributed to the happenings of the claimed incident or alleged injuries, if said 16 Plaintiffs should receive a verdict against this answering Defendant. 17 FOR A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE; 18 This answering Defendant is informed and believes, and upon such information and 19 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file 20 herein, Plaintiffs were aware of certain dangers and risks that were apparent; that Plaintiffs did 21 knowingly and voluntarily assume and expose themselves to said known risks which proximately 22 caused and contributed to the damages, and injuries, if any, referred to in said First Amended 23 Complaint, and thereby should be barred from recovery. 24 FOR A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE: 25 This answering Defendant is informed and believes, and based upon said information and 26 belief thereon alleges, that at the time of the incident described in said First Amended Complaint 27 on file herein, Plaintiffs failed to mitigate their damages, with such failure causing and 28 contributing to cause further injury and damages. 3 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 FOR AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE: 2 This answering Defendant is informed and believes, and upon such information and 3 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file 4 herein, that the alleged defect or hazard made the basis of Plaintiffs’ First Amended Complaint 5 was an open and obvious condition known to Plaintiffs at and before the claimed incident. 6 FOR A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE: 7 This answering Defendant is informed and believes, and upon such information and 8 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file 9 herein, that Defendant had no actual or constructive knowledge of the alleged defect or hazard 10 made the basis of Plaintiffs’ First Amended Complaint, and third party actors’ failure to use 11 reasonable care and/or not violate the law. 12 FOR A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE: 13 This answering Defendant is informed and believes, and upon such information and 14 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file 15 herein, that Plaintiffs’ respective injuries and damages, in whole or in part, were caused by pre- 16 existing conditions or injuries which were not exacerbated or caused by the claimed incident. 17 FOR AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE: 18 This answering Defendant is informed and believes, and upon such information and 19 belief thereon alleges, that at the time and place alleged in the First Amended Complaint on file 20 herein, that Plaintiffs’ respective injuries and damages, in whole or in part, were caused by the 21 criminal acts of others over whom Responding Party exercised no control. 22 WHEREFORE, having fully answered, this answering Defendant prays that Plaintiffs 23 take nothing by said First Amended Complaint, but that this answering Defendant have and 24 recover judgment herein against Plaintiffs for costs incurred herein, and for such other and 25 /// 26 /// 27 /// 28 /// 4 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 further relief as this court may deem just and proper. 2 Dated: July 21, 2023 LAW OFFICES OF JOHN A. HAUSER 3 BY: __________________________ 4 LAURIE J. ELZA 5 Attorneys for Defendant and Cross-Complainant, NTN PROPERTIES LLC 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 PROOF OF SERVICE LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al. 2 Case No. 21CV003635 [LEAD] [Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598] 3 I am over the age of eighteen years and not a party to this action. My business address is: 4 Law Offices of John A. Hauser, One Pointe Drive, 6th Floor, Brea, CA 92821; email address: 5 maureen.merriles@thehartford.com. 6 On July 21, 2023, I served a true and correct copy of the following document(s), on the 7 interested party/parties identified on the attached Service List: 8 DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 9 10 BY U.S. MAIL I placed the subject document(s) in a sealed envelope or package addressed to the 11 interested party/parties on the attached Service List with postage fully prepaid. I placed the envelope for collection and mailing, following our firm’s ordinary business 12 practices. I am readily familiar with this firm’s practice for collecting and processing 13 correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United 14 States Postal Service. BY OVERNIGHT MAIL 15 I placed the subject document(s) in a sealed envelope or package provided by an 16 overnight delivery carrier addressed to the interested party/parties on the attached Service List. I placed the envelope or package for collection and overnight delivery at a 17 regularly utilized drop box of the overnight delivery carrier. 18 BY MESSENGER I placed the subject document(s) in a sealed envelope or package addressed to the 19 interested party/parties on the attached Service List and provided them to a professional messenger service. 20 BY FACSIMILE to MAYR LAW FIRM *ONLY* Based on an agreement of the parties to accept service by fax transmission, I faxed the 21 document(s) on the interested party/parties on the attached Service List. No error was 22 reported by the fax machine I used. A copy of the record of the fax transmission, which I printed, is attached. 23 BY ELECTRONIC SERVICE 24 Based on applicable law or statute, including California Rule of Court 2.251(C)(3) and/or Code of Civil Procedure § 1010.6), or an agreement of the parties to accept 25 service by electronic transmission, I electronically served the document(s) on the 26 interested party/parties on the attached Service List. 27 28 6 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 CERTIFIED MAIL – RETURN RECEIPT REQUESTED I placed the subject document(s) in a sealed envelope or package addressed to the 2 interested party/parties on the attached Service List with postage fully prepaid with a 3 return receipt requested to be signed by the addressee that the documents were received. I placed the envelope for collection and mailing, following our firm’s ordinary business 4 practices. I am readily familiar with this firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for 5 collection and mailing, it is deposited in the ordinary course of business with the United 6 States Postal Service. 7 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 8 9 Date: July 21, 2023 10 11 __________________________________ MAUREEN MERRILES 12 13 For purposes of serving documents on the Law Offices of John A. Hauser, please use 14 the email address for the attorney of record (Laurie.Elza@thehartford.com) and LawOfficesHauser@thehartford.com. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 SERVICE LIST LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al. 2 Case No. 21CV003635 [LEAD] [Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598] 3 Emily A. Ruby, Esq. Richard C. Alpers, Esq. 4 Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC. 5 GREENBERG AND RUBY INJURY P.O. Box 1540 ATTORNEYS, APC Aptos, CA 95001 6 6100 Wilshire Blvd., Ste. 1170 T: 855-808-1174 / F: 855-870-1129 Los Angeles, CA 90048 E: rca@alperslawgroup.com 7 T: 323-782-0535 / F: 323-782-0543 Co-Counsel for Plaintiffs, LOUIS MONTANO, E: eruby@caltrialpros.com; JR.; LOUIE MONTANO III; MICHAEL 8 scardenas@caltrialpros.com; MONTANO 9 kdobroth@caltrialpros.com; records@caltrialpros.com 10 Attorneys for Plaintiffs, LOUIS MONTANO, JR.; LOUIE MONTANO III; MICHAEL 11 MONTANO 12 Christopher A. Callihan, Esq. William R. Price, Esq. 13 OFFICE OF THE CITY ATTORNEY D. Scott Dodd, Esq. 200 Lincoln Ave. LAW OFFICES OF WILLIAM R. PRICE 14 Salinas, CA 93901 12636 High Bluff Dr., Ste. 400 T: 831-758-7256 / F: 831-758-7257 San Diego, CA 92130 15 E: chrisc@ci.salinas.ca.us T: 831-758-7256 / F: 16 Attorneys for Defendant/Cross-Complainant, E: wprice@williamrprice.com; CITY OF SALINAS sdodd@williamrprice.com; 17 lshaw@williamrprice.com Co-Counsel for Defendant/Cross-Complainant, 18 CITY OF SALINAS 19 Cynthia Shambaugh, Esq. Rodney N. Mayr, Esq. 20 Chandrani Mandal, Esq. MAYR LAW FIRM LEWIS BRISBOIS BISGAARD & SMITH 1010 W. Taylor St. 21 LLP San Jose, CA 95126 2185 N. California Blvd., Ste. 300 T: 408-331-7606 / F: 669-266-5612 22 Walnut Creek, CA 94596 E: rodney@mayrlawfirm.com; 23 T: 925-357-3456 / F: 925-478-3260 emiliano@mayrlawfirm.com E: cynthia.shambaugh@lewisbrisbois.com; Attorneys for Defendants/Cross-Defendants, 24 joan.whipple@lewisbrisbois.com; ROSAURA ARCOS PANIAGUA and AUSTIN chandrani.mandal@lewisbrisbois.com; ALARCON 25 izie.hudson@lewisbrisbois.com 26 Attorneys for Defendants/Cross-Defendants, *SERVE VIA FACSIMILE ALSO – GINO’S RESTAURANT, INC.; GINO’S CONSISTENT PROBLEMS WITH THEIR 27 FINE ITALIAN FOOD, INC. and EMAIL* NGOCHAO THI NGUYEN 28 8 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 Joseph J. Babich, Esq. Matthew M. Spolsky, Esq. DREYER BABICH BUCCOLA WOOD FORD, WALKER, HAGGERTY & BEHAR, 2 CAMPORA, LLP LLP 3 20 Bicentennial Circle One World Trade Center, 27th Floor Sacramento, CA 95826 Long Beach, CA 90831 4 T: 916-379-3500 / F: 916-379-3599 T: 562-983-2579/ F: 562-590-3571 E: jbabich@dbbwc.com; E: mspolsky@fwhb.com; rvance@fwhb.com; 5 tstevens@dbbwc.com; DBBWC- rlr_service@fwhb.com ESERVICE@dbbwc.com Attorneys for Defendant/Cross-Complainant, 6 Attorneys for Plaintiff, MAIRA ARELLANO AUSTIN ALARCON– Monterey Superior Court, 7 – Monterey Superior Court, Case # 22CV002531; Maira Arellano vs. Austin 22CV002531; Maira Arellano vs. Austin Alarcon, et al. 8 Alarcon, et al. 9 Neil P. Berman, Esq. Shahin “Shawn” Kahroba, Esq. RUCKA, O'BOYLE, LOMBARDO & SHERIDAN & RUND, KAHROBA PC 10 MCKENNA 270 Coral Circle 11 245 W. Laurel Dr. El Segundo, CA 90245 Salinas, CA 93906 T: 310-640-1200 / F: 310-640-0200 12 T: 831-443-1051 / F: 831-443-6419 E: shawn@srlawyers.com E: nberman@rolmlaw.com; Attorneys for Plaintiff, ROBERT ROSETT – 13 spena@rolmlaw.com; janie@rolmlaw.com Monterey Superior Court, Case # 22CV003261; 14 Attorneys for Plaintiff, DIANE MIDDAUGH Robert Rosett vs Austin Alarcon, et al. – Monterey Superior Court, Case # 15 22CV003206; Diane Middaugh vs BLFA Properties LLC, et al. 16 17 Michael P. Masuda, Esq. Owili K. Eison, Esq. NOLAND, HAMERLY, ETIENNE & HOSS Yen-Yu “Renee” Liu, Esq. 18 333 Salinas St. BD&J, PC Salinas, CA 93901 9701 Wilshire Blvd., 12th Floor 19 Mailing Address: Beverly Hills, CA 90212 P.O. Box 2510 T: 310-887-1818 / F: 310-887-1880 20 Salinas, CA 93902 E: oe@bhattorneys.com; ryl@bhattorneys.com; 21 T: 831-424-1414 / F: 831-424-1975 eservet1@bhattorneys.com; E: mmasuda@nheh.com; parce@nheh.com rrg@bhattorneys.com Attorneys for Plaintiffs, 22 Attorneys for Plaintiff, KEVIN SMITH – DANIEL ORTEGA and YOSELIN GARCIA – Monterey Superior Court, Case # Monterey Superior Court, Case # 22CV003598; 23 22CV003443; Kevin Smith vs Gino's Fine Daniel Ortega, et al. vs. Austin Alarcon, et al. Italian Food, Inc., et al. 24 25 26 27 28 9 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA 1 Gina D. Huettel, Esq. WILLIAMS, PINELLI & CULLEN 2 1960 The Alameda, Ste. 195 3 San Jose, CA 95126 T: 408-288-3868 x 109 / F: 408-288-3860 4 E: ghuettel@wpclaw.com; amagana@wpclaw.com 5 Attorneys for Defendant, BRYAN 6 CABALLERO TENA – Monterey Superior Court, Case # 22CV003598; Daniel Ortega, 7 et al. vs. Austin Alarcon, et al. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT OF DANIEL ORTEGA AND YOSELYN GARCIA