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1 BOBBY DALE SIMS, JR. (SBN 202622)
DEBORAH L. BARTLETT (SBN 314325)
2 SIMS, LAWRENCE & BROGHAMMER ELECTRONICALLY
2261 Lava Ridge Court
3 Roseville, CA 95661 FILED
Superior Court of California,
Telephone: (916) 797-8881 County of San Francisco
4 Facsimile: (916) 253-1544
12/21/2022
5 Clerk of the Court
Attorney for Cross-Defendant IVARY MANAGEMENT BY: EDNALEEN ALEGRE
Deputy Clerk
COMPANY dba RENAISSANCE STONE CARE &
6
WATERPROOFING, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 SATOOSH, LLC, a California limited liability Case No. CGC-19-578072
company, Assigned for All Purposes to the Hon.
12 Judge Ethan P. Schulman, Dept. 304
Plaintiffs,
13 IVARY MANAGEMENT COMPANY
vs. dba RENAISSANCE STONE CARE &
14 WATERPROOFING, INC.’s ANSWER
MATAROZZI / PELSINGER BUILDERS, INC. a TO CROSS-COMPLAINT OF CURTIS
15 California corporation, and DOES 1 through 100, EDWARD DENNISON LANDSCAPE,
inclusive, INC.
16
Defendants.
17
Complaint Filed: July 31, 2019
18 CURTIS EDWARD DENNISON LANDSCAPE, Trial Date: October 16, 2023
INC.,
19
20 Cross-Complainant,
21 vs.
22 MATAROZZI/PELSINGER BUILDERS, INC., a
23 California corporation; INNOVATIVE
MECHANICAL, INC., a California Corporation;
24 PLUMBWORKS, INC., a California Corporation;
R&S ERECTION OF SAN MATEO, INC., a
25 California Corporation; QUANTUM WINDOWS &
DOORS, INC., a Washington corporation; KS
26 CHANNING ROAD ELECTRIC; ACME HOME
27 ELEVATOR, INC., a California Corporation;
BERKELEY ROOF SERVICES, INC., a California
28 Corporation; FIRST, LAST AND ALWAYS, INC.;
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 RADONICH ENTERPRISES, INC. DBA WILDCAT
METALS, a California Corporation;
2 WALLCOVERING DESIGNS, INC., a California
3 Corporation; SDI INSULATION, INC., a California
Corporation; BAREWSKI INC. DBA SUNSHINE
4 CONSTRUCTION, a California Corporation; IVARY
MANAGEMENT COMPANY dba RENAISSANCE
5 STONE CARE & WATERPROOFING, a California
Corporation; NORDBY WINE CAVES INC., a
6 California Corporation; EBY CONSTRUCTION
7 INC., a California Corporation; VELLA GLASS INC.,
a California Corporation; CHRIS FRENCH METAL,
8 INC.; LAND ESCAPES; MAROC PAINTING, INC.;
RESIDENTIAL AND COMMERCIAL ROOFING,
9 INC.; ADDED DIMENSIONS, INC.; CELL-CRETE
CORPORATION; DOTTO GLASS, INC.; EVOLV
10 SURFACES, INC.; PETER SUTTON dba MARIN
11 COUNTY SIDEWALL CO.; STONECRAFT TILE
CO.; and TOES 1 through 500, inclusive,
12
Cross-Defendants.
13
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15 Cross-defendant IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE
16 CARE & WATERPROOFING, INC. hereby answers CURTIS EDWARD DENNISON
17 LANDSCAPE, INC.’s Cross-Complaint on file herein, and admits, denies, and alleges as follows:
18 GENERAL DENIAL
19 Cross-defendant denies each and every, all and singular, generally and specifically, all of the
20 allegations contained in said Cross-Complaint, insofar as they pertain to this answering cross-
21 defendant; denies liability under the theories alleged or in any manner set forth in said Cross-
22 Complaint, or at all; and denies that there is any injury or damage as a result of the alleged conduct of
23 this answering cross-defendant, or at all.
24 AFFIRMATIVE DEFENSES
25 1. No Cause of Action
26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
27 this Cross-Complaint fails to state facts sufficient to constitute a cause of action, or any cause of
28 action, against this answering cross-defendant.
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 2. Statutes of Limitations
2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
3 the claims asserted by the cross-complainant are barred by the State of California's applicable statutes
4 of limitation, set forth in the California Code of Civil Procedure beginning with Section 335 and
5 continuing through Section 349.4, and more particularly, but not limited to, the following: Sections
6 337(1), 337.1, 337.15, 338, 339, 340, and 343; and by Sections 2607(3)(a), 2725(1) and (2) of the
7 Uniform Commercial Code of the State of California.
8 3. Laches
9 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
10 cross-complainant has unreasonably delayed in bringing this action to the prejudice of this answering
11 cross-defendant and is therefore barred from bringing this action by the doctrine of laches.
12 4. Carelessness of Cross-Complainant
13 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
14 the cross-complainant was careless and negligent in and about the matter set forth in said Cross-
15 Complaint, and that said carelessness and negligence contributed to and proximately caused any and
16 all damages, if any, alleged in said Cross-Complaint.
17 5. No Liability For Acts Of Others
18 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that,
19 without admitting any allegation of the Cross-Complaint, some of the acts, actions and activities, as
20 alleged, were committed, if at all, by independent, non-affiliated persons who were not acting on
21 behalf of, or within the course and scope of any relationship with this answering cross-defendant
22 during the time referred to in the Cross-Complaint.
23 6. Proposition 51
24 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
25 the alleged injuries sustained by cross-complainant were either wholly or in part caused by persons,
26 firms, corporations or entities other than this answering cross-defendant, and the negligence and/or
27 fault of said parties comparatively reduces the percentage of negligence or fault, if any, by this
28 answering cross-defendant.
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 AS A FURTHER AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that its
2 responsibility, if any, and/or liability, if any, as to non-economic damages, if any, shall be limited to
3 the percentage of fault attributable, if any, to this answering cross-defendant, and that a separate
4 judgment shall be so rendered.
5 7. Indemnification
6 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
7 should cross-complainant recover from this answering cross-defendant, cross-defendant is entitled to
8 indemnification, either in whole or in part, from all persons or entities whose negligence and/or fault
9 proximately contributed to cross-complainant's damages, if any there are.
10 8. Estoppel
11 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
12 cross-complainant has directed, ordered, approved and ratified cross-defendant's conduct and cross-
13 complainant is therefore estopped from asserting any claim based thereon.
14 9. Unclean Hands
15 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
16 the Cross-Complaint is barred by virtue of cross-complainant's conduct in causing the damage alleged
17 by the Cross-Complaint under the doctrine of unclean hands.
18 10. Failure to Mitigate
19 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
20 any injury, damage, or loss, if any sustained by cross-complainant, was aggravated by cross-
21 complainant's failure to use reasonable diligence to mitigate and minimize the same.
22 11. Waiver and Release
23 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that the
24 Cross-Complaint and each of its causes of action are barred because plaintiff and cross-complainant,
25 through statements, actions and conduct, voluntarily and knowingly waived and released all rights,
26 claims and causes of action, if any, against this answering cross-defendant in this action.
27 ///
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 12. Civil Code §1473
2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
3 prior to the commencement of this action, this answering cross-defendant duly performed, satisfied
4 and discharged all duties and obligations it may have owed to the cross-complainant arising out of
5 any and all agreements, representations or contracts made by it or on behalf of this answering cross-
6 defendant and this action is therefore barred by the provisions of California Civil Code §1473.
7 13. Civil Code §1474-1477
8 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
9 the Cross-Complaint, and each alleged cause of action therein, is absolutely barred by the provisions
10 of Civil Code Sections 1474, 1475, 1476, 1477, and each of them.
11 14. Misuse and Abuse
12 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
13 cross-complainant and others unrelated to this answering cross-defendant modified, altered, abused
14 and/or misused the materials and/or equipment provided by this answering cross-defendant, and such
15 conduct caused and contributed to the damages which are alleged in this lawsuit.
16 15. Breach of Contract
17 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
18 by the terms of its contract, this answering cross-defendant is not responsible for the method or means
19 of construction used by the cross-complainant, nor is this answering cross-defendant responsible for
20 cross-complainant's failure to carry out the work in accordance with contract documents.
21 16. UCC Codes
22 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
23 the cross-complainant's Cross-Complaint is barred by the following provisions of the Uniform
24 Commercial Code: Sections 1201(25)(c), 2601, 2602(1), 2513(1)(3), 2510(1), 2605(1)(a) and (b),
25 2606(1)(a) and (b), 2607, 2715(2)(a), and 2719(3).
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 17. Civil Code §2782
2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
3 the cross-complainant's Cross-Complaint is barred by the provisions of California Civil Code
4 Sections 2782-2784.
5 18. No Privity
6 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
7 the Cross-Complaint, and each cause of action thereof, fails to state a cause of action as there is no
8 privity between cross-complainant and cross-defendants.
9 19. No Notice
10 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
11 the Cross-Complaint, and each cause of action thereof, fails to state a cause of action in that cross-
12 complainant failed to give timely and proper notice of breach of warranty.
13 20. Assumption of Risk
14 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
15 cross-complainant acted with the full knowledge of all of the facts and circumstances surrounding its
16 alleged injury and thus assumed the risk of injury, if any.
17 21. No Joint/Several Liability
18 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
19 the Cross-Complaint and each alleged cause of action appearing therein, fails to state facts, or to
20 allege claims, which would impose joint and several liability for any of the damages claimed by any
21 party against this answering cross-defendant. Any liability of this answering cross-defendant, which
22 liability is expressly denied, would therefore be limited to those injuries, losses or damages, if any
23 there were, for which this answering cross-defendant's actionable conduct, if any, was a primary
24 contributing factor.
25 22. No Cause for Indemnity
26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
27 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 constitute a cause of action for indemnity or contribution when based on strict liability, breach of
2 contract, rescission, fraud, or negligent misrepresentation.
3 23. No Cause for Indemnity – Sole Acts / Contractual Obligations
4 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
5 cross-complainant cannot recover in indemnity for its own sole acts or breach of contractual
6 obligations, including breach of express and implied warranties, breach of express and implied
7 contractual indemnity, negligence, and breach of contract.
8 24. No Cause For Indemnity – Failure to Tender
9 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
10 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to
11 constitute a cause of action for indemnity due to cross-complainant’s failure to tender its defense.
12 25. No Cause For Indemnity – Sole Negligence / Intentional Torts
13 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
14 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to
15 constitute a cause of action for indemnity for cross-complainant’s sole acts, including breach of
16 contract, fraudulent concealment, and negligent misrepresentation.
17 26. No Cause for Breach of Implied Warranty
18 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
19 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to
20 constitute a cause of action for breach of implied warranty against this answering cross-defendant.
21 27. Res Judicata / Collateral Estoppel
22 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
23 the issues and claims currently raised have been fully and fairly litigated in a prior action, and are
24 precluded by the doctrines of res judicata and collateral estoppel.
25 28. CCP §580a, §580b, and §580c
26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
27 plaintiff's recovery, if any, is forbidden or otherwise limited by the application of the anti-deficiency
28 statutes.
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 29. Contract Documents
2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
3 by the terms of its contract, this answering cross-defendant is not responsible for defects and/or errors
4 in the plans, specifications, or other contract documents.
5 30. Alteration of Product
6 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
7 cross-complainant and/or others may have altered the product involved, proximately causing the
8 events and damages, if any there were, and recovery is therefore barred or proportionately reduced
9 accordingly.
10 31. Misuse of Product
11 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
12 cross-complainant and/or others may have improperly used or improperly maintained the product
13 involved herein, proximately causing the events and damages, if any there were, and recovery is
14 therefore barred or proportionately reduced accordingly.
15 32. Active/Passive Conduct
16 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
17 if it is determined that this answering cross-defendant was negligent, said negligence was secondary
18 and passive, as contrasted with the active and primary negligence of other parties to this lawsuit, and
19 therefore, cross-complainant is not – as a matter of law – entitled to recovery from this answering
20 cross-defendant on any theory of indemnity.
21 33. Apportionment
22 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
23 if the matters and damages alleged in the Cross-Complaint were proximately caused by the conduct
24 of more than one party, any recovery must be apportioned as to the fault of each party.
25 34. Spoliation of Evidence
26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
27 plaintiff, cross-complainant, or others, either intentionally or negligently failed to preserve the
28 primary evidence relevant to this litigation, thus failing to give this answering cross-defendant an
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 opportunity to inspect said evidence and thereby damaging and prejudicing a defense. Cross-
2 complainant therefore should be barred from introducing secondary or lesser evidence, and any
3 recovery should be diminished accordingly.
4 35. Lack of Standing
5 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
6 the Cross-Complaint fails to state a cause of action because cross-complainant lacks standing in this
7 action.
8 36. Absence of Contractor’s License
9 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that
10 plaintiff does not have a valid contractor’s license pursuant to Bus. & Prof. Code section 7000, 7031,
11 and 7068.1, et. seq., at the time the contract was entered into and/or was performed.
12 37. (Civil Code § 945(b) - Homeowner Unreasonableness)
13 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant is excused,
14 in whole or in part, from any obligation, damage, loss or liability as same was caused by a
15 homeowner's unreasonable failure to minimize or prevent those damages in a timely manner,
16 including the failure of the homeowner to allow reasonable and timely access for inspections and
17 repairs in accordance with provisions as set forth in Civil Code § 896 through § 945.5, which
18 includes failure to give timely notice to the Builder after discovery of a violation.
19 38. (Civil Code § 945.5(c) - Failure to Maintain)
20 This answering cross-defendant is excused, in whole or in part, from any obligation,
21 damage, loss or liability alleged as same was cause by the homeowner or his or her agent,
22 employee, general contractor, subcontractor, independent contractor, or consultant by virtue of
23 their failure to follow the Builders’ or manufacturer's recommendations, or commonly accepted
24 homeowner obligations.
25 39. (Civil Code § 945.5(d) - Alterations/Misuse)
26 This answering cross-defendant is excused, in whole or in part, from any obligation,
27 damage, loss or liability as same was caused by the homeowner or his or her agent's, or an
28 ///
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 independent third party's alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the
2 structure's use for something other than its intended purpose.
3 40. (Civil Code § 945.5(e) - Statute Of Limitations)
4 This answering cross-defendant is excused, in whole or in part, from any obligation,
5 damage, loss or liability alleged to the extent that the time period for filing actions bars the
6 claimed violation.
7 41. (Civil Code § 945.5(f) - Release)
8 This answering cross-defendant is excused, in whole or in part, from any obligation,
9 damage, loss or liability alleged as to a particular violation for which the Builder has obtained a
10 valid release.
11 42. (Civil Code § 945.5(g) - Repair Successful)
12 This answering cross-defendant is excused, in whole or in part, from any obligation,
13 damage, loss or liability to the extent that the Builder's repair was successful in correcting the
14 particular violation of the applicable Standard.
15 43. (Breach of Purchase Agreement - Civil Code §§ 896 - 945.5)
16 Plaintiffs are in breach of the residential purchase agreement, including certain addenda
17 thereto, which require non-adversarial procedures as set forth in Civil Code § 896 through § 945.5
18 to resolve disputes including, but not limited to, providing defendants with a detailed notice of
19 claim, a notice of defects, if any, a reasonable opportunity to cure any alleged defects, mediation,
20 and an opportunity to otherwise reach a settlement with Plaintiffs prior to their filing of the instant
21 amended complaint.
22 44. (California Commercial Code §2316, et seq.)
23 This answering Cross-Defendant is informed and believes that the remedies available to
24 the Cross-Complainant on its breach of warranty theories are limited by the provisions of the
25 California Commercial Code, §2316, et seq. and the terms of the contract of sale.
26 45. Offset
27 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering Defendant alleges that the
28 Complaint, and each alleged applicable cause of action therein, fails to state facts sufficient to
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 constitute a cause of action in that Defendant denies that it has unlawfully failed to perform their
2 duties under the contract or has otherwise acted improperly. However, any entitlement that
3 Plaintiffs may have to damages, on information and belief, subject to an offset for payments or
4 benefits that Plaintiffs may have received or receive from Defendants.
5 46. Work of Others
6 AS A SEPARATE AFFIRMATIVE DEFENSE to the Complaint and each cause of action
7 stated therein, Defendant is not responsible for the method or means of construction used by the
8 subcontractors, nor is Defendant responsible for subcontractors’ or subsequent contractors’ failure
9 to carry out the work in accordance with its contract documents.
10 47. Other Affirmative Defenses
11 AS A SEPARATE AFFIRMATIVE DEFENSE to the Complaint and each cause of action
12 stated therein, Defendant asserts and alleges that because the Complaint is couched in conclusions,
13 Defendant cannot fully anticipate all of the affirmative defenses that might be applicable to this
14 Complaint. Accordingly, Defendant hereby reserves the right to assert additional affirmative
15 defenses, if and to the extent such affirmative defenses, when known, are applicable.
16 PRAYER
17 WHEREFORE, Cross-Defendant IVARY MANAGEMENT COMPANY dba
18 RENAISSANCE STONE CARE & WATERPROOFING, INC. prays that:
19 1. This lawsuit be tried before a jury;
20 2. Cross-complainant's request for relief, in all respects, be denied, and that cross-
21 complainant take nothing by this action;
22 3. Judgment be entered dismissing the Cross-Complaint and each cause of action alleged
23 against this answering cross-defendant;
24 4. Cross-defendant be awarded costs of suit incurred in this action, including reasonable
25 Attorney’s fees; and
26 ///
27 ///
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 5. The Court grant such other further relief as may be deemed just and proper.
2
3 Dated: December 21, 2022 SIMS, LAWRENCE & BROGHAMMER
4
5
By
6 BOBBY DALE SIMS, JR.
DEBORAH L. BARTLETT
7 Attorney for Cross-Defendant IVARY
MANAGEMENT COMPANY dba
8 RENAISSANCE STONE CARE
9 & WATERPROOFING, INC.
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 PROOF OF SERVICE
2 I, Stephanie Trabucco, certify and declare as follows:
3
I am over the age of 18 years, and not a party to this action. My business address is
4 2261 Lava Ridge Court, Roseville, CA. I am employed in the County of Placer where this service
occurs.
5
On the date set forth below, following ordinary business practice, I served a true copy of
6 the foregoing document(s) described as:
7 IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE &
WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD
8
DENNISON LANDSCAPE, INC.
9
(BY ELECTRONIC SERVICE) I transmitted via electronic service through File & Serve
10
Express to the offices of the addressee(s) below as stated on the attached service list on this
11 date before 5:00 p.m.
12 SEE ATTACHED SERVICE LIST
13
(State) I certify and declare under penalty of perjury under the laws of the State of
14 California that the foregoing is true and correct.
15
Executed on: December 21, 2022 _______________________________
16 Stephanie Trabucco
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 Satoosh, LLC v. Matarozzi/Pelsinger Builders, Inc.
San Francisco Superior Court Case No. CGC-19-578072
2
3 SERVICE LIST
4 ATTORNEY(S)/FIRM CONTACT INFORMATION PARTY
5 Jonathan B. Sokol Tel: (310) 201-7423 Plaintiff SATOOSH, LLC
GREENBERG GLUSKER FIELDS jsokol@greenbergglusker.com
6 CLAMAN & MACHTINGER LLP
2049 Century Park East, Ste 2600
7 Los Angeles, CA 90067
8 W. Stuart Home III. Tel: (916) 921-9353 MATAROZZI/PELSINGER
LAW OFFICE OF SHAWN C. MOORE Dir: (916) 283-2678 BUILDERS, INC.
9 2251 Harvard Street, Suite 100 Cell: (916) 208-6906
Sacramento, CA 95815 Stuart.home@nationwide.com
10 Jackk15@nationwide.com
Ingram1@nationwide.com
11
Matthew S. Constantino Tel: (925) 734-0990
12 Alexandra P. Saddik mcontantino@clappmoroney.com
CLAPP MORONEY VUCINICH asaddik@clappmoroney.com
13 BEEMAN & SCHELEY
5860 Owens Drive, Suite 410
14 Pleasanton, CA 94588
15
Michael L. Smith T: (415) 217-6990 EBY CONSTRUCTION,
16 Erin N. Collins mls@manningllp.com INC.
MANNING & KASS enc@manningllp.com
17 ELLROD, RAMIREZ, TRESTER, LLP apc@manningllp.com
One California Street, Suite 900
18 San Francisco, CA 94111
19 Robert M. Bustamante Tel: (408) 977-1911
Jack D. Lynch rbustamante@boglawyers.com
20 BUSTAMANTE & GAGLIASSO jlynch@boglawyers.com
2150 Trade Zone Blvd., Suite 204
21 San Jose, CA 95131 Charysse –
cdorton@boglawyers.com
22
23 Benjamin D. Koegel Tel: (916) 778-3310 NORDBY CONSTRUCTION
W. Patrick Cronican bkoegel@emklawyers.com COMPANY, INC. and
24 ELGUINDY, MEYER & KOEGEL pcronican@emklawyers.com NORDBY WINE CAVES,
2990 Lava Ridge Court, Suite 205 INC.
25 Roseville, CA 95661
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 Robert P. Hamilton Tel: (415) 705-0400 PLUMBWORKS, INC.;
James L. McCormick rhamilton@gnhllp.com BARCEWSKI INC. DBA
2 Tom Prountzos jmccormick@gnhllp.com SUNSHINE
GOODMAN NEUMAN HAMILTON, tprountzos@gnhllp.com CONSTRUCTION
3
One Post Street, Suite 2100
4 San Francisco, CA 94104
Candice N. Hamant Tel: (628) 253-5070 RADONICH ENTERPRISES,
5 Darrell Nguyen chamant@tysonmendes.com INC. dba WILDCAT
TYSON & MENDES, LLP dnguyen@tysonmendes.com METALS
6 371 Bel Marin Keys Blvd, Suite 100
Novato, CA 94949
7
Jordan A. Rodman Tel: (707) 278-9878
8 Sarah Montgomery jrodman@rodman-law.com
RODMAN & ASSOCIATES PC cfarrell@4odman-law.com
9 149 Stone Circle, Suite 210 rarata@rodman-law.com
Santa Rosa, CA 95401
10
William P. Schneider Tel: (925) 945-4491 INNOVATIVE
11 LAW OFFICE OF JOHN A. BIARD wschneid@travelers.com MECHANICAL, INC.
P.O. Box 64093 kamable@travelers.com
12 St. Paul, MN 55164
13 Lindy H. Scoffield Tel: (916) 923-1600
Elizabeth A. McGinty lscoffielf@ewwsllp.com
14
Heather M. Puentes emcginty@ewwsllp.com
15 EVANS, WIECKOWSKI, WARD & hpuentes@ewwsllp.com
SCOFFIELF, LLP
16 745 University Avenue
Sacramento, CA 95825
17 David S. Pearson Tel: (925) 944-9700 ACME HOME ELEVATOR,
BROTHERS SMITH dpearson@brotherssmithlaw.com INC.
18
2033 N. Main Street, Suite 720
19 Walnut Creek, CA 94596
20 Jack D. Lynch Tel: 408-977-1911 BERKELEY ROOF
BUSTAMANTE & GAGLIASSO jlynch@boglawyers.com SERVICES, INC.
21 2150 Trade Zone Blvd., Suite 204
San Jose, CA 95131-1730
22
23 Todd A. Jones Tel: (916) 306-0434 R&S ERECTION INC. OF
MOKRI VANIS & JONES, LLP tjones@mvjllp.com SAN MATEO
24 3620 American River Drive, Suite 218 hbowmer@mvjllp.com
Sacramento, CA 95864 kowen@mvjllp.com
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 Kurt Bridgman Tel: (415) 398-0200 WALLCOVERING
Don Schaefer kbridgman@vmbllp.com DESIGNS, INC./ CROSS-
2 VOGL MEREDITH BURKE LLP DEFENDANT
mwilkinson@vmbllp.com
456 Montgomery Street, 20th Floor ndanilyan@vmbllp.com
3
San Francisco, CA 94104 dschaefer@vmbllp.com
4
David M. Levy Tel: (925) 934-6102 FIRST, LAST & ALWAYS,
5
Jennifer M. Lim dlevy@vanlevylaw.com INC. (sued as FIRST, LAST
6 VAN DE POEL, LEVY, THOMAS, jlim@vanlevylaw.com AND ALWAYS)
ARNEAL LLP
7 1600 South Main Plaza, Suite 325
Walnut Creek, CA 94596
8
Robert Carl Tel: (714) 957-5742 ADDED DIMENSIONS, INC.
9 SPRINGEL & FINK LLP rcarl@springelfink.com
20377 SW Acacia Street, Suite 250 tnguyen@springelfink.com
10 Newport Beach, CA 92660
David L. Brault Tel: (949) 458-3560 CELL-CRETE
11
Robert Lindkvist dlbrault@dlblaw.net CORPORATION
12 LAW OFFICES OF DAVID L.
BRAULT
13 6B Liberty, Suite 240
Aliso Viejo, CA 92656
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15 Steven E. McDonald Tel: (415) 981-5411 QUANTUM WINDOWS
Susan Rapp smcdonald@bledsoelaw.com AND DOORS, INC.
16 BLEDSOE, DIESTEL, TREPPA & srapp@bledsoelaw.com
CRANE LLP
17 180 Sansome Street, Fifth Floor
San Francisco, CA 94104
18
Darren M. Ebner Tel: (714) 957-5742 SDI INSULATION, INC.
19 Ari VanMeeteren debner@springelfink.com
SPRINGEL & FINK LLP avanmeeteren@springelfink.com
20 20377 SW Acacia Street, Suite 250
Newport Beach, CA 92660
21 Thomas D. Fama Tel: (925) 222-3400 STONECRAFT TILE
WOOD SMITH HENNING & TFama@wshblaw.com COMPANY
22
BERMAN LLP arenouf@wshblaw.com
23 1401 Willow Pass Road, Suite 700
Concord, CA 94520
24 Michael E. Gallagher Tel: (213) 412-2661 DOTTO GLASS
Ray Park mgallagher@behblaw.com
25
Megumi Horiuchi rpark@behblaw.com
26 Emma Samyan mhoriuchi@behblaw.com
Desiree Caudillo esamyan@behblaw.com
27 BASSI, EDLIN, HUIE & BLUM LLP dcaudillo@behblaw.com
515 S Flower Street, Suite 1020
28 Los Angeles, CA 90071
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
1 James L. McCormich Tel: (415) 705-0400 SUNSHINE
Robert Hamilton jmccormick@gnhllp.com CONSTRUCTION
2 GOODMAN NEUMAN HAMILTON rhamilton@gnhllp.com
One Post Street, Suite 2100
3
San Francisco, CA 94104
4 Patricia Blackwell Tel: (949) 590-4036 KS CHANNING ROAD
LAW OFFICES OF KAREN M. Patricia.Blackwell@amtrustgroup ELECTRIC
5 JOHNSON .com
17771 Cowan, Suite 260 Lupe.Torres@amtrustgroup.com
6 Irvine, CA 92614
7 A. Eric Aguilera Tel: (714) 384-6600 Plaintiff IN INTERVENTION
Raymond E. Brown eaguliera@aguileragroup.com THE TRAVELERS
8 Ryan Kossler rbrown@aguileragroup.com INDEMNITY COMPANY
THE AGUILERA LAW GROUP, APLC rkossler@aguileragroup.com OF CONNECTICUT
9 650 Town Center Drive, Suite 100 alg@aguileragroup.com
Costa Mesa, CA 92626
10
Erwin Nepomeceno Tel: (949) 596-7105
11 Jillisa L. O’Brien enepomuceno@obrien-law-
LAW OFFICES OF JILLISA L. pc.com
12 O’BRIEN pbadham@obrien-law-pc.com
2875 Michelle Drive, Suite 220
13 Irvine, CA 92606
14
Bradley A. Bening Tel: (408) 280-7883 DISCOVERY REFEREE.
15 ADR SERVICES, INC. bbening@adrservices.com
96 North 3rd Street, Ste. 350
16 San Jose, CA 95112 Mikaela Schmidt, Case Manager
mikaela@adrservices.com
17
Assistant – Sheila
18 sheila@adrservices.com
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IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s
ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.
Preview
1 BOBBY DALE SIMS, JR. (SBN 202622) DEBORAH L. BARTLETT (SBN 314325) 2 SIMS, LAWRENCE & BROGHAMMER ELECTRONICALLY 2261 Lava Ridge Court 3 Roseville, CA 95661 FILED Superior Court of California, Telephone: (916) 797-8881 County of San Francisco 4 Facsimile: (916) 253-1544 12/21/2022 5 Clerk of the Court Attorney for Cross-Defendant IVARY MANAGEMENT BY: EDNALEEN ALEGRE Deputy Clerk COMPANY dba RENAISSANCE STONE CARE & 6 WATERPROOFING, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 SATOOSH, LLC, a California limited liability Case No. CGC-19-578072 company, Assigned for All Purposes to the Hon. 12 Judge Ethan P. Schulman, Dept. 304 Plaintiffs, 13 IVARY MANAGEMENT COMPANY vs. dba RENAISSANCE STONE CARE & 14 WATERPROOFING, INC.’s ANSWER MATAROZZI / PELSINGER BUILDERS, INC. a TO CROSS-COMPLAINT OF CURTIS 15 California corporation, and DOES 1 through 100, EDWARD DENNISON LANDSCAPE, inclusive, INC. 16 Defendants. 17 Complaint Filed: July 31, 2019 18 CURTIS EDWARD DENNISON LANDSCAPE, Trial Date: October 16, 2023 INC., 19 20 Cross-Complainant, 21 vs. 22 MATAROZZI/PELSINGER BUILDERS, INC., a 23 California corporation; INNOVATIVE MECHANICAL, INC., a California Corporation; 24 PLUMBWORKS, INC., a California Corporation; R&S ERECTION OF SAN MATEO, INC., a 25 California Corporation; QUANTUM WINDOWS & DOORS, INC., a Washington corporation; KS 26 CHANNING ROAD ELECTRIC; ACME HOME 27 ELEVATOR, INC., a California Corporation; BERKELEY ROOF SERVICES, INC., a California 28 Corporation; FIRST, LAST AND ALWAYS, INC.; -1- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 RADONICH ENTERPRISES, INC. DBA WILDCAT METALS, a California Corporation; 2 WALLCOVERING DESIGNS, INC., a California 3 Corporation; SDI INSULATION, INC., a California Corporation; BAREWSKI INC. DBA SUNSHINE 4 CONSTRUCTION, a California Corporation; IVARY MANAGEMENT COMPANY dba RENAISSANCE 5 STONE CARE & WATERPROOFING, a California Corporation; NORDBY WINE CAVES INC., a 6 California Corporation; EBY CONSTRUCTION 7 INC., a California Corporation; VELLA GLASS INC., a California Corporation; CHRIS FRENCH METAL, 8 INC.; LAND ESCAPES; MAROC PAINTING, INC.; RESIDENTIAL AND COMMERCIAL ROOFING, 9 INC.; ADDED DIMENSIONS, INC.; CELL-CRETE CORPORATION; DOTTO GLASS, INC.; EVOLV 10 SURFACES, INC.; PETER SUTTON dba MARIN 11 COUNTY SIDEWALL CO.; STONECRAFT TILE CO.; and TOES 1 through 500, inclusive, 12 Cross-Defendants. 13 14 15 Cross-defendant IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE 16 CARE & WATERPROOFING, INC. hereby answers CURTIS EDWARD DENNISON 17 LANDSCAPE, INC.’s Cross-Complaint on file herein, and admits, denies, and alleges as follows: 18 GENERAL DENIAL 19 Cross-defendant denies each and every, all and singular, generally and specifically, all of the 20 allegations contained in said Cross-Complaint, insofar as they pertain to this answering cross- 21 defendant; denies liability under the theories alleged or in any manner set forth in said Cross- 22 Complaint, or at all; and denies that there is any injury or damage as a result of the alleged conduct of 23 this answering cross-defendant, or at all. 24 AFFIRMATIVE DEFENSES 25 1. No Cause of Action 26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 27 this Cross-Complaint fails to state facts sufficient to constitute a cause of action, or any cause of 28 action, against this answering cross-defendant. -2- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 2. Statutes of Limitations 2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 3 the claims asserted by the cross-complainant are barred by the State of California's applicable statutes 4 of limitation, set forth in the California Code of Civil Procedure beginning with Section 335 and 5 continuing through Section 349.4, and more particularly, but not limited to, the following: Sections 6 337(1), 337.1, 337.15, 338, 339, 340, and 343; and by Sections 2607(3)(a), 2725(1) and (2) of the 7 Uniform Commercial Code of the State of California. 8 3. Laches 9 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 10 cross-complainant has unreasonably delayed in bringing this action to the prejudice of this answering 11 cross-defendant and is therefore barred from bringing this action by the doctrine of laches. 12 4. Carelessness of Cross-Complainant 13 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 14 the cross-complainant was careless and negligent in and about the matter set forth in said Cross- 15 Complaint, and that said carelessness and negligence contributed to and proximately caused any and 16 all damages, if any, alleged in said Cross-Complaint. 17 5. No Liability For Acts Of Others 18 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that, 19 without admitting any allegation of the Cross-Complaint, some of the acts, actions and activities, as 20 alleged, were committed, if at all, by independent, non-affiliated persons who were not acting on 21 behalf of, or within the course and scope of any relationship with this answering cross-defendant 22 during the time referred to in the Cross-Complaint. 23 6. Proposition 51 24 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 25 the alleged injuries sustained by cross-complainant were either wholly or in part caused by persons, 26 firms, corporations or entities other than this answering cross-defendant, and the negligence and/or 27 fault of said parties comparatively reduces the percentage of negligence or fault, if any, by this 28 answering cross-defendant. -3- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 AS A FURTHER AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that its 2 responsibility, if any, and/or liability, if any, as to non-economic damages, if any, shall be limited to 3 the percentage of fault attributable, if any, to this answering cross-defendant, and that a separate 4 judgment shall be so rendered. 5 7. Indemnification 6 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 7 should cross-complainant recover from this answering cross-defendant, cross-defendant is entitled to 8 indemnification, either in whole or in part, from all persons or entities whose negligence and/or fault 9 proximately contributed to cross-complainant's damages, if any there are. 10 8. Estoppel 11 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 12 cross-complainant has directed, ordered, approved and ratified cross-defendant's conduct and cross- 13 complainant is therefore estopped from asserting any claim based thereon. 14 9. Unclean Hands 15 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 16 the Cross-Complaint is barred by virtue of cross-complainant's conduct in causing the damage alleged 17 by the Cross-Complaint under the doctrine of unclean hands. 18 10. Failure to Mitigate 19 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 20 any injury, damage, or loss, if any sustained by cross-complainant, was aggravated by cross- 21 complainant's failure to use reasonable diligence to mitigate and minimize the same. 22 11. Waiver and Release 23 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that the 24 Cross-Complaint and each of its causes of action are barred because plaintiff and cross-complainant, 25 through statements, actions and conduct, voluntarily and knowingly waived and released all rights, 26 claims and causes of action, if any, against this answering cross-defendant in this action. 27 /// 28 /// -4- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 12. Civil Code §1473 2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 3 prior to the commencement of this action, this answering cross-defendant duly performed, satisfied 4 and discharged all duties and obligations it may have owed to the cross-complainant arising out of 5 any and all agreements, representations or contracts made by it or on behalf of this answering cross- 6 defendant and this action is therefore barred by the provisions of California Civil Code §1473. 7 13. Civil Code §1474-1477 8 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 9 the Cross-Complaint, and each alleged cause of action therein, is absolutely barred by the provisions 10 of Civil Code Sections 1474, 1475, 1476, 1477, and each of them. 11 14. Misuse and Abuse 12 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 13 cross-complainant and others unrelated to this answering cross-defendant modified, altered, abused 14 and/or misused the materials and/or equipment provided by this answering cross-defendant, and such 15 conduct caused and contributed to the damages which are alleged in this lawsuit. 16 15. Breach of Contract 17 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 18 by the terms of its contract, this answering cross-defendant is not responsible for the method or means 19 of construction used by the cross-complainant, nor is this answering cross-defendant responsible for 20 cross-complainant's failure to carry out the work in accordance with contract documents. 21 16. UCC Codes 22 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 23 the cross-complainant's Cross-Complaint is barred by the following provisions of the Uniform 24 Commercial Code: Sections 1201(25)(c), 2601, 2602(1), 2513(1)(3), 2510(1), 2605(1)(a) and (b), 25 2606(1)(a) and (b), 2607, 2715(2)(a), and 2719(3). 26 /// 27 /// 28 /// -5- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 17. Civil Code §2782 2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 3 the cross-complainant's Cross-Complaint is barred by the provisions of California Civil Code 4 Sections 2782-2784. 5 18. No Privity 6 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 7 the Cross-Complaint, and each cause of action thereof, fails to state a cause of action as there is no 8 privity between cross-complainant and cross-defendants. 9 19. No Notice 10 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 11 the Cross-Complaint, and each cause of action thereof, fails to state a cause of action in that cross- 12 complainant failed to give timely and proper notice of breach of warranty. 13 20. Assumption of Risk 14 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 15 cross-complainant acted with the full knowledge of all of the facts and circumstances surrounding its 16 alleged injury and thus assumed the risk of injury, if any. 17 21. No Joint/Several Liability 18 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 19 the Cross-Complaint and each alleged cause of action appearing therein, fails to state facts, or to 20 allege claims, which would impose joint and several liability for any of the damages claimed by any 21 party against this answering cross-defendant. Any liability of this answering cross-defendant, which 22 liability is expressly denied, would therefore be limited to those injuries, losses or damages, if any 23 there were, for which this answering cross-defendant's actionable conduct, if any, was a primary 24 contributing factor. 25 22. No Cause for Indemnity 26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 27 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to 28 /// -6- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 constitute a cause of action for indemnity or contribution when based on strict liability, breach of 2 contract, rescission, fraud, or negligent misrepresentation. 3 23. No Cause for Indemnity – Sole Acts / Contractual Obligations 4 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 5 cross-complainant cannot recover in indemnity for its own sole acts or breach of contractual 6 obligations, including breach of express and implied warranties, breach of express and implied 7 contractual indemnity, negligence, and breach of contract. 8 24. No Cause For Indemnity – Failure to Tender 9 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 10 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to 11 constitute a cause of action for indemnity due to cross-complainant’s failure to tender its defense. 12 25. No Cause For Indemnity – Sole Negligence / Intentional Torts 13 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 14 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to 15 constitute a cause of action for indemnity for cross-complainant’s sole acts, including breach of 16 contract, fraudulent concealment, and negligent misrepresentation. 17 26. No Cause for Breach of Implied Warranty 18 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 19 the Cross-Complaint, and each alleged cause of action therein, fails to state facts sufficient to 20 constitute a cause of action for breach of implied warranty against this answering cross-defendant. 21 27. Res Judicata / Collateral Estoppel 22 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 23 the issues and claims currently raised have been fully and fairly litigated in a prior action, and are 24 precluded by the doctrines of res judicata and collateral estoppel. 25 28. CCP §580a, §580b, and §580c 26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 27 plaintiff's recovery, if any, is forbidden or otherwise limited by the application of the anti-deficiency 28 statutes. -7- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 29. Contract Documents 2 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 3 by the terms of its contract, this answering cross-defendant is not responsible for defects and/or errors 4 in the plans, specifications, or other contract documents. 5 30. Alteration of Product 6 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 7 cross-complainant and/or others may have altered the product involved, proximately causing the 8 events and damages, if any there were, and recovery is therefore barred or proportionately reduced 9 accordingly. 10 31. Misuse of Product 11 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 12 cross-complainant and/or others may have improperly used or improperly maintained the product 13 involved herein, proximately causing the events and damages, if any there were, and recovery is 14 therefore barred or proportionately reduced accordingly. 15 32. Active/Passive Conduct 16 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 17 if it is determined that this answering cross-defendant was negligent, said negligence was secondary 18 and passive, as contrasted with the active and primary negligence of other parties to this lawsuit, and 19 therefore, cross-complainant is not – as a matter of law – entitled to recovery from this answering 20 cross-defendant on any theory of indemnity. 21 33. Apportionment 22 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 23 if the matters and damages alleged in the Cross-Complaint were proximately caused by the conduct 24 of more than one party, any recovery must be apportioned as to the fault of each party. 25 34. Spoliation of Evidence 26 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 27 plaintiff, cross-complainant, or others, either intentionally or negligently failed to preserve the 28 primary evidence relevant to this litigation, thus failing to give this answering cross-defendant an -8- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 opportunity to inspect said evidence and thereby damaging and prejudicing a defense. Cross- 2 complainant therefore should be barred from introducing secondary or lesser evidence, and any 3 recovery should be diminished accordingly. 4 35. Lack of Standing 5 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 6 the Cross-Complaint fails to state a cause of action because cross-complainant lacks standing in this 7 action. 8 36. Absence of Contractor’s License 9 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant alleges that 10 plaintiff does not have a valid contractor’s license pursuant to Bus. & Prof. Code section 7000, 7031, 11 and 7068.1, et. seq., at the time the contract was entered into and/or was performed. 12 37. (Civil Code § 945(b) - Homeowner Unreasonableness) 13 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering cross-defendant is excused, 14 in whole or in part, from any obligation, damage, loss or liability as same was caused by a 15 homeowner's unreasonable failure to minimize or prevent those damages in a timely manner, 16 including the failure of the homeowner to allow reasonable and timely access for inspections and 17 repairs in accordance with provisions as set forth in Civil Code § 896 through § 945.5, which 18 includes failure to give timely notice to the Builder after discovery of a violation. 19 38. (Civil Code § 945.5(c) - Failure to Maintain) 20 This answering cross-defendant is excused, in whole or in part, from any obligation, 21 damage, loss or liability alleged as same was cause by the homeowner or his or her agent, 22 employee, general contractor, subcontractor, independent contractor, or consultant by virtue of 23 their failure to follow the Builders’ or manufacturer's recommendations, or commonly accepted 24 homeowner obligations. 25 39. (Civil Code § 945.5(d) - Alterations/Misuse) 26 This answering cross-defendant is excused, in whole or in part, from any obligation, 27 damage, loss or liability as same was caused by the homeowner or his or her agent's, or an 28 /// -9- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 independent third party's alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the 2 structure's use for something other than its intended purpose. 3 40. (Civil Code § 945.5(e) - Statute Of Limitations) 4 This answering cross-defendant is excused, in whole or in part, from any obligation, 5 damage, loss or liability alleged to the extent that the time period for filing actions bars the 6 claimed violation. 7 41. (Civil Code § 945.5(f) - Release) 8 This answering cross-defendant is excused, in whole or in part, from any obligation, 9 damage, loss or liability alleged as to a particular violation for which the Builder has obtained a 10 valid release. 11 42. (Civil Code § 945.5(g) - Repair Successful) 12 This answering cross-defendant is excused, in whole or in part, from any obligation, 13 damage, loss or liability to the extent that the Builder's repair was successful in correcting the 14 particular violation of the applicable Standard. 15 43. (Breach of Purchase Agreement - Civil Code §§ 896 - 945.5) 16 Plaintiffs are in breach of the residential purchase agreement, including certain addenda 17 thereto, which require non-adversarial procedures as set forth in Civil Code § 896 through § 945.5 18 to resolve disputes including, but not limited to, providing defendants with a detailed notice of 19 claim, a notice of defects, if any, a reasonable opportunity to cure any alleged defects, mediation, 20 and an opportunity to otherwise reach a settlement with Plaintiffs prior to their filing of the instant 21 amended complaint. 22 44. (California Commercial Code §2316, et seq.) 23 This answering Cross-Defendant is informed and believes that the remedies available to 24 the Cross-Complainant on its breach of warranty theories are limited by the provisions of the 25 California Commercial Code, §2316, et seq. and the terms of the contract of sale. 26 45. Offset 27 AS A SEPARATE AFFIRMATIVE DEFENSE, this answering Defendant alleges that the 28 Complaint, and each alleged applicable cause of action therein, fails to state facts sufficient to -10- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 constitute a cause of action in that Defendant denies that it has unlawfully failed to perform their 2 duties under the contract or has otherwise acted improperly. However, any entitlement that 3 Plaintiffs may have to damages, on information and belief, subject to an offset for payments or 4 benefits that Plaintiffs may have received or receive from Defendants. 5 46. Work of Others 6 AS A SEPARATE AFFIRMATIVE DEFENSE to the Complaint and each cause of action 7 stated therein, Defendant is not responsible for the method or means of construction used by the 8 subcontractors, nor is Defendant responsible for subcontractors’ or subsequent contractors’ failure 9 to carry out the work in accordance with its contract documents. 10 47. Other Affirmative Defenses 11 AS A SEPARATE AFFIRMATIVE DEFENSE to the Complaint and each cause of action 12 stated therein, Defendant asserts and alleges that because the Complaint is couched in conclusions, 13 Defendant cannot fully anticipate all of the affirmative defenses that might be applicable to this 14 Complaint. Accordingly, Defendant hereby reserves the right to assert additional affirmative 15 defenses, if and to the extent such affirmative defenses, when known, are applicable. 16 PRAYER 17 WHEREFORE, Cross-Defendant IVARY MANAGEMENT COMPANY dba 18 RENAISSANCE STONE CARE & WATERPROOFING, INC. prays that: 19 1. This lawsuit be tried before a jury; 20 2. Cross-complainant's request for relief, in all respects, be denied, and that cross- 21 complainant take nothing by this action; 22 3. Judgment be entered dismissing the Cross-Complaint and each cause of action alleged 23 against this answering cross-defendant; 24 4. Cross-defendant be awarded costs of suit incurred in this action, including reasonable 25 Attorney’s fees; and 26 /// 27 /// 28 /// -11- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 5. The Court grant such other further relief as may be deemed just and proper. 2 3 Dated: December 21, 2022 SIMS, LAWRENCE & BROGHAMMER 4 5 By 6 BOBBY DALE SIMS, JR. DEBORAH L. BARTLETT 7 Attorney for Cross-Defendant IVARY MANAGEMENT COMPANY dba 8 RENAISSANCE STONE CARE 9 & WATERPROOFING, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -12- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 PROOF OF SERVICE 2 I, Stephanie Trabucco, certify and declare as follows: 3 I am over the age of 18 years, and not a party to this action. My business address is 4 2261 Lava Ridge Court, Roseville, CA. I am employed in the County of Placer where this service occurs. 5 On the date set forth below, following ordinary business practice, I served a true copy of 6 the foregoing document(s) described as: 7 IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD 8 DENNISON LANDSCAPE, INC. 9 (BY ELECTRONIC SERVICE) I transmitted via electronic service through File & Serve 10 Express to the offices of the addressee(s) below as stated on the attached service list on this 11 date before 5:00 p.m. 12 SEE ATTACHED SERVICE LIST 13 (State) I certify and declare under penalty of perjury under the laws of the State of 14 California that the foregoing is true and correct. 15 Executed on: December 21, 2022 _______________________________ 16 Stephanie Trabucco 17 18 19 20 21 22 23 24 25 26 27 28 -13- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 Satoosh, LLC v. Matarozzi/Pelsinger Builders, Inc. San Francisco Superior Court Case No. CGC-19-578072 2 3 SERVICE LIST 4 ATTORNEY(S)/FIRM CONTACT INFORMATION PARTY 5 Jonathan B. Sokol Tel: (310) 201-7423 Plaintiff SATOOSH, LLC GREENBERG GLUSKER FIELDS jsokol@greenbergglusker.com 6 CLAMAN & MACHTINGER LLP 2049 Century Park East, Ste 2600 7 Los Angeles, CA 90067 8 W. Stuart Home III. Tel: (916) 921-9353 MATAROZZI/PELSINGER LAW OFFICE OF SHAWN C. MOORE Dir: (916) 283-2678 BUILDERS, INC. 9 2251 Harvard Street, Suite 100 Cell: (916) 208-6906 Sacramento, CA 95815 Stuart.home@nationwide.com 10 Jackk15@nationwide.com Ingram1@nationwide.com 11 Matthew S. Constantino Tel: (925) 734-0990 12 Alexandra P. Saddik mcontantino@clappmoroney.com CLAPP MORONEY VUCINICH asaddik@clappmoroney.com 13 BEEMAN & SCHELEY 5860 Owens Drive, Suite 410 14 Pleasanton, CA 94588 15 Michael L. Smith T: (415) 217-6990 EBY CONSTRUCTION, 16 Erin N. Collins mls@manningllp.com INC. MANNING & KASS enc@manningllp.com 17 ELLROD, RAMIREZ, TRESTER, LLP apc@manningllp.com One California Street, Suite 900 18 San Francisco, CA 94111 19 Robert M. Bustamante Tel: (408) 977-1911 Jack D. Lynch rbustamante@boglawyers.com 20 BUSTAMANTE & GAGLIASSO jlynch@boglawyers.com 2150 Trade Zone Blvd., Suite 204 21 San Jose, CA 95131 Charysse – cdorton@boglawyers.com 22 23 Benjamin D. Koegel Tel: (916) 778-3310 NORDBY CONSTRUCTION W. Patrick Cronican bkoegel@emklawyers.com COMPANY, INC. and 24 ELGUINDY, MEYER & KOEGEL pcronican@emklawyers.com NORDBY WINE CAVES, 2990 Lava Ridge Court, Suite 205 INC. 25 Roseville, CA 95661 26 27 28 -14- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 Robert P. Hamilton Tel: (415) 705-0400 PLUMBWORKS, INC.; James L. McCormick rhamilton@gnhllp.com BARCEWSKI INC. DBA 2 Tom Prountzos jmccormick@gnhllp.com SUNSHINE GOODMAN NEUMAN HAMILTON, tprountzos@gnhllp.com CONSTRUCTION 3 One Post Street, Suite 2100 4 San Francisco, CA 94104 Candice N. Hamant Tel: (628) 253-5070 RADONICH ENTERPRISES, 5 Darrell Nguyen chamant@tysonmendes.com INC. dba WILDCAT TYSON & MENDES, LLP dnguyen@tysonmendes.com METALS 6 371 Bel Marin Keys Blvd, Suite 100 Novato, CA 94949 7 Jordan A. Rodman Tel: (707) 278-9878 8 Sarah Montgomery jrodman@rodman-law.com RODMAN & ASSOCIATES PC cfarrell@4odman-law.com 9 149 Stone Circle, Suite 210 rarata@rodman-law.com Santa Rosa, CA 95401 10 William P. Schneider Tel: (925) 945-4491 INNOVATIVE 11 LAW OFFICE OF JOHN A. BIARD wschneid@travelers.com MECHANICAL, INC. P.O. Box 64093 kamable@travelers.com 12 St. Paul, MN 55164 13 Lindy H. Scoffield Tel: (916) 923-1600 Elizabeth A. McGinty lscoffielf@ewwsllp.com 14 Heather M. Puentes emcginty@ewwsllp.com 15 EVANS, WIECKOWSKI, WARD & hpuentes@ewwsllp.com SCOFFIELF, LLP 16 745 University Avenue Sacramento, CA 95825 17 David S. Pearson Tel: (925) 944-9700 ACME HOME ELEVATOR, BROTHERS SMITH dpearson@brotherssmithlaw.com INC. 18 2033 N. Main Street, Suite 720 19 Walnut Creek, CA 94596 20 Jack D. Lynch Tel: 408-977-1911 BERKELEY ROOF BUSTAMANTE & GAGLIASSO jlynch@boglawyers.com SERVICES, INC. 21 2150 Trade Zone Blvd., Suite 204 San Jose, CA 95131-1730 22 23 Todd A. Jones Tel: (916) 306-0434 R&S ERECTION INC. OF MOKRI VANIS & JONES, LLP tjones@mvjllp.com SAN MATEO 24 3620 American River Drive, Suite 218 hbowmer@mvjllp.com Sacramento, CA 95864 kowen@mvjllp.com 25 26 27 28 -15- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 Kurt Bridgman Tel: (415) 398-0200 WALLCOVERING Don Schaefer kbridgman@vmbllp.com DESIGNS, INC./ CROSS- 2 VOGL MEREDITH BURKE LLP DEFENDANT mwilkinson@vmbllp.com 456 Montgomery Street, 20th Floor ndanilyan@vmbllp.com 3 San Francisco, CA 94104 dschaefer@vmbllp.com 4 David M. Levy Tel: (925) 934-6102 FIRST, LAST & ALWAYS, 5 Jennifer M. Lim dlevy@vanlevylaw.com INC. (sued as FIRST, LAST 6 VAN DE POEL, LEVY, THOMAS, jlim@vanlevylaw.com AND ALWAYS) ARNEAL LLP 7 1600 South Main Plaza, Suite 325 Walnut Creek, CA 94596 8 Robert Carl Tel: (714) 957-5742 ADDED DIMENSIONS, INC. 9 SPRINGEL & FINK LLP rcarl@springelfink.com 20377 SW Acacia Street, Suite 250 tnguyen@springelfink.com 10 Newport Beach, CA 92660 David L. Brault Tel: (949) 458-3560 CELL-CRETE 11 Robert Lindkvist dlbrault@dlblaw.net CORPORATION 12 LAW OFFICES OF DAVID L. BRAULT 13 6B Liberty, Suite 240 Aliso Viejo, CA 92656 14 15 Steven E. McDonald Tel: (415) 981-5411 QUANTUM WINDOWS Susan Rapp smcdonald@bledsoelaw.com AND DOORS, INC. 16 BLEDSOE, DIESTEL, TREPPA & srapp@bledsoelaw.com CRANE LLP 17 180 Sansome Street, Fifth Floor San Francisco, CA 94104 18 Darren M. Ebner Tel: (714) 957-5742 SDI INSULATION, INC. 19 Ari VanMeeteren debner@springelfink.com SPRINGEL & FINK LLP avanmeeteren@springelfink.com 20 20377 SW Acacia Street, Suite 250 Newport Beach, CA 92660 21 Thomas D. Fama Tel: (925) 222-3400 STONECRAFT TILE WOOD SMITH HENNING & TFama@wshblaw.com COMPANY 22 BERMAN LLP arenouf@wshblaw.com 23 1401 Willow Pass Road, Suite 700 Concord, CA 94520 24 Michael E. Gallagher Tel: (213) 412-2661 DOTTO GLASS Ray Park mgallagher@behblaw.com 25 Megumi Horiuchi rpark@behblaw.com 26 Emma Samyan mhoriuchi@behblaw.com Desiree Caudillo esamyan@behblaw.com 27 BASSI, EDLIN, HUIE & BLUM LLP dcaudillo@behblaw.com 515 S Flower Street, Suite 1020 28 Los Angeles, CA 90071 -16- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC. 1 James L. McCormich Tel: (415) 705-0400 SUNSHINE Robert Hamilton jmccormick@gnhllp.com CONSTRUCTION 2 GOODMAN NEUMAN HAMILTON rhamilton@gnhllp.com One Post Street, Suite 2100 3 San Francisco, CA 94104 4 Patricia Blackwell Tel: (949) 590-4036 KS CHANNING ROAD LAW OFFICES OF KAREN M. Patricia.Blackwell@amtrustgroup ELECTRIC 5 JOHNSON .com 17771 Cowan, Suite 260 Lupe.Torres@amtrustgroup.com 6 Irvine, CA 92614 7 A. Eric Aguilera Tel: (714) 384-6600 Plaintiff IN INTERVENTION Raymond E. Brown eaguliera@aguileragroup.com THE TRAVELERS 8 Ryan Kossler rbrown@aguileragroup.com INDEMNITY COMPANY THE AGUILERA LAW GROUP, APLC rkossler@aguileragroup.com OF CONNECTICUT 9 650 Town Center Drive, Suite 100 alg@aguileragroup.com Costa Mesa, CA 92626 10 Erwin Nepomeceno Tel: (949) 596-7105 11 Jillisa L. O’Brien enepomuceno@obrien-law- LAW OFFICES OF JILLISA L. pc.com 12 O’BRIEN pbadham@obrien-law-pc.com 2875 Michelle Drive, Suite 220 13 Irvine, CA 92606 14 Bradley A. Bening Tel: (408) 280-7883 DISCOVERY REFEREE. 15 ADR SERVICES, INC. bbening@adrservices.com 96 North 3rd Street, Ste. 350 16 San Jose, CA 95112 Mikaela Schmidt, Case Manager mikaela@adrservices.com 17 Assistant – Sheila 18 sheila@adrservices.com 19 20 21 22 23 24 25 26 27 28 -17- IVARY MANAGEMENT COMPANY dba RENAISSANCE STONE CARE & WATERPROOFING, INC.’s ANSWER TO CROSS-COMPLAINT OF CURTIS EDWARD DENNISON LANDSCAPE, INC.