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x, UKJINAL
Mary Arens McBride, Esq., SBN: 282459
Jesse Valencia, Esq., SBN: 338579
THE ERSKINE LAW GROUP, PC. SgggmoR'ZgUkTE D
b) 1576 N. Batavia St, suite A SAN 853,594“, EEPRCWFORNM
Orange, CA 92867 RD'NO msm‘fgo
Tel; (949) 777-6032
MAR 2 1
Fax: (714) 844-9035 2022
marcnmnebridedbcrskinclaw.c0m
ivalenciadflerskinelaw.com
Attorneys for Defendant, Brenda MBISUmUra
GENERAL MOTORS LLC
FAX \OOONQ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
BY FOR THE COUNTY OF SAN BERNARDINO
10
11
LOUIS HOHL, an individual, and
12 LAKIESHA HOHL, an individual, Case No.: CIVSBZI333 16
13 GENERAL MOTORS LLC’S ANSWER TO
Plaintiffs, PLAINTIFFS’ UNVERIFIED COMPLAINT
14
vs.
15
Hon. Donald Alvarez
Dept. 823
vvvvvvvvvvvvvvvv
16
GENERAL MOTORS LLC, a Delaware
17 DOES
Limited Liability Company, and 1
through 10, inclusive,
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19
Defendants.
20
21 Defendant General Motors LLC (“GM”) answers Plaintiffs’ Unverified Complaint as follows:
22 I.
23 GM answers the Unverified Complaint pursuant to California Code of Civil Procedure § 43 1 .30
24 by denying, generally and specifically, each, every, and all of the allegations in the Unverified
25 Complaint and each and every part of it, including each and every cause of action in it, and denies that
26 Plaintiffs have sustained or will sustain any damage in the sum referenced in it, or any other sum(s), or
27 at all.
28
GENERAL MOTORS LLC’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
1
II.
GM filrther answers the U'nverified Complaint on file herein and each and every purported cause
of action in it by denying that Plaintiffs have sustained or will sustain, any damages in any sum at all
Lll-bwm by reason of the carelessness, negligence or other faults, act, or omission by GM, its agents, servants,
0r employees.
AFFIRMATIVE DEFENSES TO THE COMPLAINT
AND EACH ALLEGED CAUSE OF ACTION THEREOF
FIRST AFFIRMATIVE DEFENSE
\OOONG
(Failure to State a Cause of Action)
The Unverified Complaint, and each purported cause of action alleged in it, fails to state facts
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sufficient to constitute a cause of action against GM.
11
SECOND AFFIRMATIVE DEFENSE
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(Failure to Allow a Cure)
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GM is informed and believes, and therefore alleges, that Plaintiffs are barred from obtaining the
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relief sought in the Unverified Complaint because Plaintiffs have failed and refilsed to allow GM a
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reasonable opportunity to cure any alleged breach by GM.
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THIRD AFFIRMATIVE DEFENSE
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(Mitigation)
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GM is informed and believes, and therefore alleges, that Plaintiffs’ alleged damages, if any, are
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the result, in whole or in part, of Plaintiffs’ failure t0 exercise care to reduce or mitigate damages.
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FOURTH AFFIRMATIVE DEFENSE
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(Contributory Negligence, Unclean Hands, Assumption of Risk)
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GM is informed and believes, and therefore alleges, that Plaintiffs are barred in whole 0r in part
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by Plaintiffs’ negligence, unclean hands, fault, assumption of risk or otherwise from any and all legal
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or equitable relief against GM, as requested in the Unverified Complaint or otherwise.
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FIFTH AFFIRMATIVE DEFENSE
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(Statutes of Limitation)
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GM is informed and believes, and therefore alleges, that the Unverified Complaint, and each
28
GENERAL MOTORS LLC’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
2
Preview
x, UKJINAL Mary Arens McBride, Esq., SBN: 282459 Jesse Valencia, Esq., SBN: 338579 THE ERSKINE LAW GROUP, PC. SgggmoR'ZgUkTE D b) 1576 N. Batavia St, suite A SAN 853,594“, EEPRCWFORNM Orange, CA 92867 RD'NO msm‘fgo Tel; (949) 777-6032 MAR 2 1 Fax: (714) 844-9035 2022 marcnmnebridedbcrskinclaw.c0m ivalenciadflerskinelaw.com Attorneys for Defendant, Brenda MBISUmUra GENERAL MOTORS LLC FAX \OOONQ SUPERIOR COURT OF THE STATE OF CALIFORNIA BY FOR THE COUNTY OF SAN BERNARDINO 10 11 LOUIS HOHL, an individual, and 12 LAKIESHA HOHL, an individual, Case No.: CIVSBZI333 16 13 GENERAL MOTORS LLC’S ANSWER TO Plaintiffs, PLAINTIFFS’ UNVERIFIED COMPLAINT 14 vs. 15 Hon. Donald Alvarez Dept. 823 vvvvvvvvvvvvvvvv 16 GENERAL MOTORS LLC, a Delaware 17 DOES Limited Liability Company, and 1 through 10, inclusive, 18 19 Defendants. 20 21 Defendant General Motors LLC (“GM”) answers Plaintiffs’ Unverified Complaint as follows: 22 I. 23 GM answers the Unverified Complaint pursuant to California Code of Civil Procedure § 43 1 .30 24 by denying, generally and specifically, each, every, and all of the allegations in the Unverified 25 Complaint and each and every part of it, including each and every cause of action in it, and denies that 26 Plaintiffs have sustained or will sustain any damage in the sum referenced in it, or any other sum(s), or 27 at all. 28 GENERAL MOTORS LLC’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 1 II. GM filrther answers the U'nverified Complaint on file herein and each and every purported cause of action in it by denying that Plaintiffs have sustained or will sustain, any damages in any sum at all Lll-bwm by reason of the carelessness, negligence or other faults, act, or omission by GM, its agents, servants, 0r employees. AFFIRMATIVE DEFENSES TO THE COMPLAINT AND EACH ALLEGED CAUSE OF ACTION THEREOF FIRST AFFIRMATIVE DEFENSE \OOONG (Failure to State a Cause of Action) The Unverified Complaint, and each purported cause of action alleged in it, fails to state facts 10 sufficient to constitute a cause of action against GM. 11 SECOND AFFIRMATIVE DEFENSE 12 (Failure to Allow a Cure) 13 GM is informed and believes, and therefore alleges, that Plaintiffs are barred from obtaining the 14 relief sought in the Unverified Complaint because Plaintiffs have failed and refilsed to allow GM a 15 reasonable opportunity to cure any alleged breach by GM. 16 THIRD AFFIRMATIVE DEFENSE 17 (Mitigation) 18 GM is informed and believes, and therefore alleges, that Plaintiffs’ alleged damages, if any, are 19 the result, in whole or in part, of Plaintiffs’ failure t0 exercise care to reduce or mitigate damages. 20 FOURTH AFFIRMATIVE DEFENSE 21 (Contributory Negligence, Unclean Hands, Assumption of Risk) 22 GM is informed and believes, and therefore alleges, that Plaintiffs are barred in whole 0r in part 23 by Plaintiffs’ negligence, unclean hands, fault, assumption of risk or otherwise from any and all legal 24 or equitable relief against GM, as requested in the Unverified Complaint or otherwise. 25 FIFTH AFFIRMATIVE DEFENSE 26 (Statutes of Limitation) 27 GM is informed and believes, and therefore alleges, that the Unverified Complaint, and each 28 GENERAL MOTORS LLC’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 2