Preview
92322
MARK E. DAVIS—BAR NO. 79936
DAVIS, BENGTSON & YOUNG, APLC
1960 The Alameda, Suite 210
San Jose, CA 95121
Phone: 669.245.4200 No Filing Fee for a Public Entity
Fax: 408.985.1814 or its Employees (Gov't Code §6103)
Email: mdavis@dby-law.com
Attorneys for Defendant
CARMEL UNIFIED SCHOOL DISTRICT
SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF MONTEREY
JOHN DOE, a minor, by and through his Case No. 23CV002840
10 guardian ad litem, R.C.,
ANSWER OF DEFENDANT CARMEL
11 Plaintiff, UNIFIED SCHOOL DISTRICT TO
COMPLAINT
12 vs.
13 CARMEL UNIFIED SCHOOL DISTRICT,
a California school district, C.J. VELOZ,
14 an individual; and DOES 1 THROUGH
50, and each of them,
15
Defendants.
16
7
18 COMES NOW defendant CARMEL UNIFIED SCHOOL DISTRICT, and in Answer to
19 Plaintiffs Complaint and admits, denies and alleges as follows:
20 Answering the allegations contained in each cause of action of said complaint, this
21 answering defendant denies each and every, all and singular, generally and specifically, said
22 allegations and the whole thereof and further specifically denies that plaintiff was damaged
23 in any sum or sums, or at all.
24 AS AND FOR A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID
25 COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES:
26 That said complaint does not state facts sufficient to constitute a cause of action.
27 Ml
28 MI
-1-
Ans. Of Def. Carmel Unified Schoo! District to Complaint
92322
AS AND FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
ALLEGES:
That the injuries and damages complained of by plaintiff, if any there were, were either
wholly, or in part, directly and proximately caused by the negligence of persons or entities
other than this answering defendant including both parties and non-parties to this action
whether named or not named, and said negligence is either imputed to plaintiff by reason of
the relationship between plaintiff and said persons or entities, or comparatively reduces the
proportion of liability of this answering defendant.
10 AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
11 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
12 ALLEGES:
13 That plaintiff failed subsequent to the occurrence described in the complaint to
14 properly mitigate his alleged damages, if any, and is thereby precluded from recovering
15 those damages which could have otherwise been avoided.
16 AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
17 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
18 ALLEGES:
19 That this answering defendant asserts any and all privileges and immunities pursuant
20 to Government Code sections 800, et seq.
21 AS AND FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
22 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
23 ALLEGES:
24 The action against defendant is barred by the provisions of Government Code section
25 815.
26 AS AND FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
27 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF DEFENDANT ALLEGES:
28 That defendant is immune from liability pursuant to Government Code section
-2-
Ans. Of Def. Carmel Unified School District to Complaint
92322
815.2(b).
AS AND FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
ALLEGES:
That any and all mandatory duties imposed upon the defendant, the failure of which
allegedly gave rise to the incident alleged in the complaint or allegedly caused the injuries
complained of, were exercised with reasonable diligence and, therefore, defendant is not
liable for the alleged injuries pursuant to Government Code section 815.6.
AS AND FOR AN EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
10 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
11 ALLEGES:
12 That plaintiff's claims and causes of action are barred pursuant to Government Code
13 section 820(b).
14 AS AND FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
15 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
16 ALLEGES:
17 That defendant is immune from liability arising out of any discretionary act pursuant
18 to Government Code section 820.2.
19 AS AND FOR A TENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
20 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
21 ALLEGES:
22 That defendant is immune from liability arising out of the act or omission of another
23 person pursuant to Government Code section 820.8.
24 AS AND FOR AN ELEVENTH SEPARATE AND DISTINCT AFFIRMATIVE
25 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
26 DEFENDANT ALLEGES:
27 Any claims or causes of action requiring presentation of a timely government claim
28 are barred based on Government Code sections 900 et seq.
_
Ans. Of Def. Carmel Unified School District to Complaint
£92322
AS AND FOR A TWELFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT
ALLEGES:
Plaintiffs claims as to this answering defendant do not set forth a mandatory duty or
breach of a mandatory duty under Education Code section 220 et seq.
AS AND FOR A THIRTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
DEFENDANT ALLEGES:
That plaintiffs claims are barred to the extent Plaintiff has failed to comply with the
10 California Government Tort Claim Act requirements.
1 AS AND FOR A FOURTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
12 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
13 DEFENDANT ALLEGES:
14 That plaintiff's claims are barred by the applicable statute of limitations.
15 AS AND FOR A FIFTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
16 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
at DEFENDANT ALLEGES:
18 That plaintiffs claim fails to properly allege that Title IX is applicable and that
19 defendant had actual knowledge of discrimination and thereafter acted with deliberate
20 indifference.
21 AS AND FOR A SIXTEENTH SEPARATE AND DISTINCT AFFIRMATIVE
22 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF,
23 DEFENDANT ALLEGES:
24 That defendant presently has insufficient knowledge or information on which to form
25 a belief as to whether it may have additional, yet unstated, affirmative defenses available.
26 This answering defendant reserves the right to assert additional affirmative defenses.
27 Mt
28 Mt
4.
Ans. Of Def. Carmel Unified School District to Complaint
92322
WHEREFORE, said answering defendant prays for judgment against plaintiff, for
costs of suit incurred herein, and for such other and further relief as the court may deem just
and proper.
DATED: U{j-2o-aSs
DAVIS, BENGTSON & YOUNG, APLC
By Met a
Mark E. Davis
Attorneys for Defendant
Carmel Unified School District
10
11
12
13
14
15
16
1%
18
19
20
21
22
23
24
25
26
27
28
-5-
Ans. Of Def. Carmel Unified Schoo! District to Complaint
PROOF OF SERVICE BY ELECTRONIC SERVICE
|, the undersigned, say:
| am now and at all times herein mentioned have been over the age of 18 years,
employed in Santa Clara County, California, and not a party to the within action or
cause; that my business address is 1960 The Alameda, Suite 210 San Jose, California,
95126-1493. | am readily familiar with the firm's business practice of serving
documents by electronic mail. | served copies of the attached: ANSWER OF
DEFENDANT CARMEL UNIFIED SCHOOL DISTRICT TO COMPLAINT by electronic
mail through Davis Bengtson & Young, APLC’s electronic mail system from
10 dmyers@dby-law.com to the email address(es) set forth below or as stated on the
11 attached service list per agreement in accordance with Code of Civil Procedure section
12 1010.6 and CRC Rule 2.251:
13 Christa Ramey
ramey@actslaw.com
14 Schyler Katz
skatz@actslaw.com
15
Abir Cohen Treyzon Salo LLP
16 16001 Ventura Blvd., Suite 200
Encino, CA 91436
17 424.288.4367
424.288.4368
18
| declare under penalty of perjury under the laws of the State of California that
19
the foregoing is true and correct and that this Declaration was executed on
20
November 20, 2023.
21
22
i IVA
23
Case Number: 23CV002840
Debbie Myers Gd
24 Case Name: John Doe v. Carmel USD, et al.
25
26
27
{GENERAL/00446034-1}
PROOF OF ELECTRONIC SERVICE
Preview
92322 MARK E. DAVIS—BAR NO. 79936 DAVIS, BENGTSON & YOUNG, APLC 1960 The Alameda, Suite 210 San Jose, CA 95121 Phone: 669.245.4200 No Filing Fee for a Public Entity Fax: 408.985.1814 or its Employees (Gov't Code §6103) Email: mdavis@dby-law.com Attorneys for Defendant CARMEL UNIFIED SCHOOL DISTRICT SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF MONTEREY JOHN DOE, a minor, by and through his Case No. 23CV002840 10 guardian ad litem, R.C., ANSWER OF DEFENDANT CARMEL 11 Plaintiff, UNIFIED SCHOOL DISTRICT TO COMPLAINT 12 vs. 13 CARMEL UNIFIED SCHOOL DISTRICT, a California school district, C.J. VELOZ, 14 an individual; and DOES 1 THROUGH 50, and each of them, 15 Defendants. 16 7 18 COMES NOW defendant CARMEL UNIFIED SCHOOL DISTRICT, and in Answer to 19 Plaintiffs Complaint and admits, denies and alleges as follows: 20 Answering the allegations contained in each cause of action of said complaint, this 21 answering defendant denies each and every, all and singular, generally and specifically, said 22 allegations and the whole thereof and further specifically denies that plaintiff was damaged 23 in any sum or sums, or at all. 24 AS AND FOR A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID 25 COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES: 26 That said complaint does not state facts sufficient to constitute a cause of action. 27 Ml 28 MI -1- Ans. Of Def. Carmel Unified Schoo! District to Complaint 92322 AS AND FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES: That the injuries and damages complained of by plaintiff, if any there were, were either wholly, or in part, directly and proximately caused by the negligence of persons or entities other than this answering defendant including both parties and non-parties to this action whether named or not named, and said negligence is either imputed to plaintiff by reason of the relationship between plaintiff and said persons or entities, or comparatively reduces the proportion of liability of this answering defendant. 10 AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 11 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 12 ALLEGES: 13 That plaintiff failed subsequent to the occurrence described in the complaint to 14 properly mitigate his alleged damages, if any, and is thereby precluded from recovering 15 those damages which could have otherwise been avoided. 16 AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 17 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 18 ALLEGES: 19 That this answering defendant asserts any and all privileges and immunities pursuant 20 to Government Code sections 800, et seq. 21 AS AND FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 22 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 23 ALLEGES: 24 The action against defendant is barred by the provisions of Government Code section 25 815. 26 AS AND FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 27 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF DEFENDANT ALLEGES: 28 That defendant is immune from liability pursuant to Government Code section -2- Ans. Of Def. Carmel Unified School District to Complaint 92322 815.2(b). AS AND FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES: That any and all mandatory duties imposed upon the defendant, the failure of which allegedly gave rise to the incident alleged in the complaint or allegedly caused the injuries complained of, were exercised with reasonable diligence and, therefore, defendant is not liable for the alleged injuries pursuant to Government Code section 815.6. AS AND FOR AN EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 10 TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 11 ALLEGES: 12 That plaintiff's claims and causes of action are barred pursuant to Government Code 13 section 820(b). 14 AS AND FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 15 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 16 ALLEGES: 17 That defendant is immune from liability arising out of any discretionary act pursuant 18 to Government Code section 820.2. 19 AS AND FOR A TENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 20 SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT 21 ALLEGES: 22 That defendant is immune from liability arising out of the act or omission of another 23 person pursuant to Government Code section 820.8. 24 AS AND FOR AN ELEVENTH SEPARATE AND DISTINCT AFFIRMATIVE 25 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 26 DEFENDANT ALLEGES: 27 Any claims or causes of action requiring presentation of a timely government claim 28 are barred based on Government Code sections 900 et seq. _ Ans. Of Def. Carmel Unified School District to Complaint £92322 AS AND FOR A TWELFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES: Plaintiffs claims as to this answering defendant do not set forth a mandatory duty or breach of a mandatory duty under Education Code section 220 et seq. AS AND FOR A THIRTEENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, DEFENDANT ALLEGES: That plaintiffs claims are barred to the extent Plaintiff has failed to comply with the 10 California Government Tort Claim Act requirements. 1 AS AND FOR A FOURTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 12 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 13 DEFENDANT ALLEGES: 14 That plaintiff's claims are barred by the applicable statute of limitations. 15 AS AND FOR A FIFTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 16 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, at DEFENDANT ALLEGES: 18 That plaintiffs claim fails to properly allege that Title IX is applicable and that 19 defendant had actual knowledge of discrimination and thereafter acted with deliberate 20 indifference. 21 AS AND FOR A SIXTEENTH SEPARATE AND DISTINCT AFFIRMATIVE 22 DEFENSE TO SAID COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, 23 DEFENDANT ALLEGES: 24 That defendant presently has insufficient knowledge or information on which to form 25 a belief as to whether it may have additional, yet unstated, affirmative defenses available. 26 This answering defendant reserves the right to assert additional affirmative defenses. 27 Mt 28 Mt 4. Ans. Of Def. Carmel Unified School District to Complaint 92322 WHEREFORE, said answering defendant prays for judgment against plaintiff, for costs of suit incurred herein, and for such other and further relief as the court may deem just and proper. DATED: U{j-2o-aSs DAVIS, BENGTSON & YOUNG, APLC By Met a Mark E. Davis Attorneys for Defendant Carmel Unified School District 10 11 12 13 14 15 16 1% 18 19 20 21 22 23 24 25 26 27 28 -5- Ans. Of Def. Carmel Unified Schoo! District to Complaint PROOF OF SERVICE BY ELECTRONIC SERVICE |, the undersigned, say: | am now and at all times herein mentioned have been over the age of 18 years, employed in Santa Clara County, California, and not a party to the within action or cause; that my business address is 1960 The Alameda, Suite 210 San Jose, California, 95126-1493. | am readily familiar with the firm's business practice of serving documents by electronic mail. | served copies of the attached: ANSWER OF DEFENDANT CARMEL UNIFIED SCHOOL DISTRICT TO COMPLAINT by electronic mail through Davis Bengtson & Young, APLC’s electronic mail system from 10 dmyers@dby-law.com to the email address(es) set forth below or as stated on the 11 attached service list per agreement in accordance with Code of Civil Procedure section 12 1010.6 and CRC Rule 2.251: 13 Christa Ramey ramey@actslaw.com 14 Schyler Katz skatz@actslaw.com 15 Abir Cohen Treyzon Salo LLP 16 16001 Ventura Blvd., Suite 200 Encino, CA 91436 17 424.288.4367 424.288.4368 18 | declare under penalty of perjury under the laws of the State of California that 19 the foregoing is true and correct and that this Declaration was executed on 20 November 20, 2023. 21 22 i IVA 23 Case Number: 23CV002840 Debbie Myers Gd 24 Case Name: John Doe v. Carmel USD, et al. 25 26 27 {GENERAL/00446034-1} PROOF OF ELECTRONIC SERVICE