Preview
1 WILSON TURNER KOSMO LLP
ROBERT A. SHIELDS (206042)
2 ALEXI R. SILVERMAN (325660)
402 West Broadway, Suite 1600
3 San Diego, California 92101
Telephone: (619) 236-9600
4 Facsimile: (619) 236-9669
E-mail: rshields@wilsonturnerkosmo.com
5 E-mail: asilverman@wilsonturnerkosmo.com
E-mail: warrantyeservice@wilsonturnerkosmo.com
6
7 Attorneys for Defendant
FORD MOTOR COMPANY
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SAN MATEO
10
MARYANNA RODERICK and Case No. 23-CIV-05059
11 KYLE RODERICK,
DEFENDANT FORD MOTOR
12 Plaintiffs, COMPANY’S ANSWER TO
PLAINTIFFS’ UNVERIFIED
13 v. COMPLAINT
14 FORD MOTOR COMPANY; Complaint Filed: October 24, 2023
and DOES 1 - 10,
15 Dept.: 4
Defendants. Judge: Hon. Nancy L Fineman
16 Trial Date: Not set
17
18 Defendant FORD MOTOR COMPANY (“Defendant”) hereby responds to the Complaint
19 (“Complaint”) filed by Plaintiffs MARYANNA RODERICK and KYLE RODERICK (“Plaintiffs”)
20 as follows:
21 Pursuant to California Code of Civil Procedure section 431.30, Defendant hereby generally
22 denies each and every allegation in the Complaint and further denies that Plaintiffs has been
23 damaged in any sum whatsoever.
24 FIRST AFFIRMATIVE DEFENSE
25 (Disclaimer of Warranties)
26 Plaintiffs’ cause of action for breach of express warranty and incidental and consequential
27 damages is barred by the express disclaimers and limitations of liability contained in the alleged
28 express warranties.
1
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
1 SECOND AFFIRMATIVE DEFENSE
2 (Comparative Fault)
3 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was
4 proximately caused and contributed to by Plaintiffs’ failure to conduct themselves in a manner
5 ordinarily expected of a reasonably prudent person in the conduct of their affairs and business. The
6 contributory negligence and fault of Plaintiffs diminishes any recovery herein.
7 THIRD AFFIRMATIVE DEFENSE
8 (Contributory Negligence of Third Parties)
9 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was
10 proximately caused and contributed to by persons and/or parties, other than this answering
11 Defendant, by failing to conduct themselves in a manner ordinarily expected of reasonably prudent
12 persons in the conduct of their affairs and business. Contributory negligence and fault of persons
13 and/or parties, other than this answering Defendant, diminishes any recovery from this answering
14 Defendant.
15 FOURTH AFFIRMATIVE DEFENSE
16 (Statute of Limitations)
17 Any cause of action alleged in the Complaint is barred by the statute of limitations,
18 including, but not limited to, Code of Civil Procedure sections 337, 338, 338.1 and 340 and/or
19 Commercial Code section 2725.
20 FIFTH AFFIRMATIVE DEFENSE
21 (Failure to Mitigate Damages)
22 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was
23 proximately caused and contributed to by Plaintiffs’ failure to mitigate damages. Plaintiffs’ failure
24 to mitigate damages diminishes any recovery herein.
25 ///
26 ///
27 ///
28 ///
2
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
1 SIXTH AFFIRMATIVE DEFENSE
2 (Estoppel)
3 Defendant is informed and believes and based thereon alleges that Plaintiffs have engaged in
4 conduct and activities sufficient to estop them from asserting all or any part of the claim set forth in
5 Plaintiffs’ Complaint.
6 SEVENTH AFFIRMATIVE DEFENSE
7 (Unclean Hands)
8 Defendant is informed and believes and based thereon alleges that the claims and relief
9 sought by Plaintiffs are barred by reason of the doctrine of unclean hands.
10 EIGHTH AFFIRMATIVE DEFENSE
11 (Waiver)
12 Defendant is informed and believes and based thereon alleges that the Plaintiffs have
13 engaged in conduct and activities sufficient to constitute a waiver of any alleged breach of contract,
14 breach of warranty, negligence or any other conduct as set forth in the Complaint.
15 NINTH AFFIRMATIVE DEFENSE
16 (Laches)
17 Defendant is informed and believes and based thereon alleges that the Plaintiffs waited an
18 unreasonable period of time to complain of the alleged acts or omissions at issue in the Complaint so
19 as to prejudice this answering Defendant. Plaintiffs are therefore guilty of laches and are barred from
20 recovery.
21 TENTH AFFIRMATIVE DEFENSE
22 (Failure of Performance)
23 Defendant is informed and believes and based thereon alleges that any failure to perform the
24 obligations as described in the Complaint resulted from Plaintiffs’ failure to perform as required by
25 the contract and/or warranty. Plaintiffs’ performance was a condition precedent to the performance
26 of Defendant’s obligations.
27 ///
28 ///
3
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
1 ELEVENTH AFFIRMATIVE DEFENSE
2 (Alteration of Product)
3 The vehicle was not defective or in an unmerchantable condition at any time when it left the
4 possession, custody and control of Defendants. Any alleged damage or defect to the subject
5 automobile was caused and created by changes and alterations made to the vehicle, subsequent to the
6 vehicle’s manufacture and/or sale by persons other than Defendants or any of their agents, servants,
7 or employees, thereby barring Plaintiffs’ recovery herein.
8 TWELFTH AFFIRMATIVE DEFENSE
9 (Failure to State Cause of Action for Civil Penalties)
10 The Complaint fails to state sufficient facts to warrant the imposition of civil penalties
11 because it was believed that replacement or repurchase of the subject vehicle was not appropriate
12 under the circumstances then known.
13 THIRTEENTH AFFIRMATIVE DEFENSE
14 (Civil Penalties)
15 Any cause of action alleged in the Complaint seeking civil penalties is barred by the statute
16 of limitations contained in the Code of Civil Procedure, specifically, section 340.
17 FOURTEENTH AFFIRMATIVE DEFENSE
18 (Consent)
19 The repair process to Plaintiffs’ vehicle was appropriate and proper and is believed to have
20 been done with Plaintiffs’ consent.
21 FIFTEENTH AFFIRMATIVE DEFENSE
22 (Abuse or Failure to Maintain)
23 Plaintiffs are barred from recovery by virtue of Civil Code section 1794.3 since the claimed
24 defect or nonconformity was caused by the unauthorized or unreasonable use of the vehicle
25 following sale.
26 ///
27 ///
28 ///
4
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
1 SIXTEENTH AFFIRMATIVE DEFENSE
2 (Civil Code 1791.1(c)-Implied Warranty)
3 Each and every cause of action based upon breach of implied warranty is barred by virtue of
4 Civil Code section 1791.1(c).
5 SEVENTEENTH AFFIRMATIVE DEFENSE
6 (Failure to Provide Reasonable Opportunity to Repair)
7 Plaintiffs are precluded from any recovery pursuant to the Song-Beverly Consumer Warranty
8 Act as Plaintiffs failed and refused to provide a reasonable opportunity to repair.
9 EIGHTEENTH AFFIRMATIVE DEFENSE
10 (Qualified Third Party Dispute Resolution Process)
11 Defendant maintains a third party dispute resolution process which substantially complies
12 with Civil Code section 1793.22. Defendant is informed and believes, and based thereon alleges, that
13 Plaintiffs received timely and appropriate notice of the availability of the process. Plaintiffs are
14 therefore barred from asserting the presumptions set forth in Civil Code section 1793.2 and from
15 recovering civil penalties pursuant to Civil Code section 1794(e).
16 NINETEENTH AFFIRMATIVE DEFENSE
17 (Failure to Provide Notice)
18 Defendant is informed and believes, and based thereon alleges, that Plaintiffs failed to
19 provide notice to this answering Defendant pursuant to Civil Code section 1794(e)(3). Plaintiffs are
20 therefore barred from asserting the presumptions set forth in Civil Code section 1793.22 and from
21 recovering civil penalties pursuant to Civil Code section 1794(e).
22 TWENTIETH AFFIRMATIVE DEFENSE
23 (Right to Arbitrate)
24 Defendant is informed and believes, and based thereon alleges, that Plaintiffs entered into a
25 binding arbitration agreement with Defendant Ford and/or the dealership from which Plaintiffs
26 purchased the vehicle. Defendant, therefore, may elect to exercise its right and pursue resolution of
27 this dispute through arbitration.
28 ///
5
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
1 TWENTY-FIRST AFFIRMATIVE DEFENSE
2 (Economic Loss Rule)
3 Because Plaintiffs cannot establish any physical injury directly resulting from any alleged
4 defect or nonconformity in the subject vehicle, Plaintiffs’ claims are barred in whole or in part by the
5 economic loss rule.
6 TWENTY-SECOND AFFIRMATIVE DEFENSE
7 (Prevention of Performance)
8 Because Plaintiffs’ actions both prevented and excused Defendant’s performance under the
9 Song-Beverly Act and any and all applicable warranties, Plaintiffs’ claims are barred in whole or in
10 part by the prevention of performance doctrine.
11 TWENTY-THIRD AFFIRMATIVE DEFENSE
12 (Other Defenses)
13 Defendant presently has insufficient knowledge or information upon which to form a belief
14 as to whether it may have additional, as yet unstated, affirmative defenses available. Defendant
15 reserves herein the right to assert additional affirmative defenses in the event discovery indicates that
16 they would be appropriate.
17 PRAYER
18 WHEREFORE, Defendant FORD MOTOR COMPANY prays as follows:
19 1. That Plaintiffs take nothing by way of their Complaint on file herein;
20 2. That judgment be entered in favor of Defendant for costs of suit; and,
21 3. For such other and further relief as the Court may deem just and proper.
22
23 Dated: December 1, 2023 WILSON TURNER KOSMO LLP
24
25
By:
26 ROBERT A. SHIELDS
27 ALEXI R. SILVERMAN
Attorneys for Defendant
28 FORD MOTOR COMPANY
6
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
1 PROOF OF SERVICE
2 Maryanna Roderick, et al. v. Ford Motor Company
3 Case No.: 23-CIV-05059
4 I, the undersigned, declare as follows:
5
I am employed with the law firm of WILSON TURNER KOSMO LLP, whose address is 402
6 West Broadway, Suite 1600, San Diego, California 92101. I am readily familiar with the business
practices of this office for collection and processing of correspondence for mailing with the United
7 States Postal Service; I am over the age of eighteen and I am not a party to this action.
8 On December 1, 2023, I served the following document(s), bearing the title(s):
9 1. DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’
UNVERIFIED COMPLAINT
10
Addressed as follows, in the manner listed below:
11
Kimberli Zazzi Attorneys for Plaintiffs,
12 Vincent M. Onorio Maryanna Roderick and Kyle Roderick
LaDawna Fleckenstein
13 Lemon Law Pro Tel: (916) 836-8565
1098 Melody Lane, Building 200 Fax: (916) 836-8583
14 Roseville, CA 95678 Email: legal@lemonlawpro.com
Email: kimberli@lemonlawpro.com
15
(By MAIL SERVICE) I placed such envelope for collection, deposit and mailing with the
16 United States Postal Service following ordinary business practices at my place of business. I
am readily familiar with the business practice of my place of business for collection and
17 processing of correspondence for mailing with the United States Postal Service.
18 (By E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
agreement of the parties to accept service by e-mail, I caused the documents to be sent to the
19 persons as listed above. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
20
(By OVERNIGHT CARRIER – NEXT DAY DELIVERY) I enclosed the documents in
21 an envelope or package provided by an overnight delivery carrier and addressed it to the
person listed above. I placed the envelope or package for collection and overnight delivery at
22 an office or a regularly utilized drop box of the overnight delivery carrier.
23 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
24
Executed on December 1, 2023 at San Diego, California.
25
26
Chelsie Hughes
27
28
7
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT
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1 WILSON TURNER KOSMO LLP ROBERT A. SHIELDS (206042) 2 ALEXI R. SILVERMAN (325660) 402 West Broadway, Suite 1600 3 San Diego, California 92101 Telephone: (619) 236-9600 4 Facsimile: (619) 236-9669 E-mail: rshields@wilsonturnerkosmo.com 5 E-mail: asilverman@wilsonturnerkosmo.com E-mail: warrantyeservice@wilsonturnerkosmo.com 6 7 Attorneys for Defendant FORD MOTOR COMPANY 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 MARYANNA RODERICK and Case No. 23-CIV-05059 11 KYLE RODERICK, DEFENDANT FORD MOTOR 12 Plaintiffs, COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED 13 v. COMPLAINT 14 FORD MOTOR COMPANY; Complaint Filed: October 24, 2023 and DOES 1 - 10, 15 Dept.: 4 Defendants. Judge: Hon. Nancy L Fineman 16 Trial Date: Not set 17 18 Defendant FORD MOTOR COMPANY (“Defendant”) hereby responds to the Complaint 19 (“Complaint”) filed by Plaintiffs MARYANNA RODERICK and KYLE RODERICK (“Plaintiffs”) 20 as follows: 21 Pursuant to California Code of Civil Procedure section 431.30, Defendant hereby generally 22 denies each and every allegation in the Complaint and further denies that Plaintiffs has been 23 damaged in any sum whatsoever. 24 FIRST AFFIRMATIVE DEFENSE 25 (Disclaimer of Warranties) 26 Plaintiffs’ cause of action for breach of express warranty and incidental and consequential 27 damages is barred by the express disclaimers and limitations of liability contained in the alleged 28 express warranties. 1 DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 1 SECOND AFFIRMATIVE DEFENSE 2 (Comparative Fault) 3 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was 4 proximately caused and contributed to by Plaintiffs’ failure to conduct themselves in a manner 5 ordinarily expected of a reasonably prudent person in the conduct of their affairs and business. The 6 contributory negligence and fault of Plaintiffs diminishes any recovery herein. 7 THIRD AFFIRMATIVE DEFENSE 8 (Contributory Negligence of Third Parties) 9 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was 10 proximately caused and contributed to by persons and/or parties, other than this answering 11 Defendant, by failing to conduct themselves in a manner ordinarily expected of reasonably prudent 12 persons in the conduct of their affairs and business. Contributory negligence and fault of persons 13 and/or parties, other than this answering Defendant, diminishes any recovery from this answering 14 Defendant. 15 FOURTH AFFIRMATIVE DEFENSE 16 (Statute of Limitations) 17 Any cause of action alleged in the Complaint is barred by the statute of limitations, 18 including, but not limited to, Code of Civil Procedure sections 337, 338, 338.1 and 340 and/or 19 Commercial Code section 2725. 20 FIFTH AFFIRMATIVE DEFENSE 21 (Failure to Mitigate Damages) 22 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was 23 proximately caused and contributed to by Plaintiffs’ failure to mitigate damages. Plaintiffs’ failure 24 to mitigate damages diminishes any recovery herein. 25 /// 26 /// 27 /// 28 /// 2 DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 1 SIXTH AFFIRMATIVE DEFENSE 2 (Estoppel) 3 Defendant is informed and believes and based thereon alleges that Plaintiffs have engaged in 4 conduct and activities sufficient to estop them from asserting all or any part of the claim set forth in 5 Plaintiffs’ Complaint. 6 SEVENTH AFFIRMATIVE DEFENSE 7 (Unclean Hands) 8 Defendant is informed and believes and based thereon alleges that the claims and relief 9 sought by Plaintiffs are barred by reason of the doctrine of unclean hands. 10 EIGHTH AFFIRMATIVE DEFENSE 11 (Waiver) 12 Defendant is informed and believes and based thereon alleges that the Plaintiffs have 13 engaged in conduct and activities sufficient to constitute a waiver of any alleged breach of contract, 14 breach of warranty, negligence or any other conduct as set forth in the Complaint. 15 NINTH AFFIRMATIVE DEFENSE 16 (Laches) 17 Defendant is informed and believes and based thereon alleges that the Plaintiffs waited an 18 unreasonable period of time to complain of the alleged acts or omissions at issue in the Complaint so 19 as to prejudice this answering Defendant. Plaintiffs are therefore guilty of laches and are barred from 20 recovery. 21 TENTH AFFIRMATIVE DEFENSE 22 (Failure of Performance) 23 Defendant is informed and believes and based thereon alleges that any failure to perform the 24 obligations as described in the Complaint resulted from Plaintiffs’ failure to perform as required by 25 the contract and/or warranty. Plaintiffs’ performance was a condition precedent to the performance 26 of Defendant’s obligations. 27 /// 28 /// 3 DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 1 ELEVENTH AFFIRMATIVE DEFENSE 2 (Alteration of Product) 3 The vehicle was not defective or in an unmerchantable condition at any time when it left the 4 possession, custody and control of Defendants. Any alleged damage or defect to the subject 5 automobile was caused and created by changes and alterations made to the vehicle, subsequent to the 6 vehicle’s manufacture and/or sale by persons other than Defendants or any of their agents, servants, 7 or employees, thereby barring Plaintiffs’ recovery herein. 8 TWELFTH AFFIRMATIVE DEFENSE 9 (Failure to State Cause of Action for Civil Penalties) 10 The Complaint fails to state sufficient facts to warrant the imposition of civil penalties 11 because it was believed that replacement or repurchase of the subject vehicle was not appropriate 12 under the circumstances then known. 13 THIRTEENTH AFFIRMATIVE DEFENSE 14 (Civil Penalties) 15 Any cause of action alleged in the Complaint seeking civil penalties is barred by the statute 16 of limitations contained in the Code of Civil Procedure, specifically, section 340. 17 FOURTEENTH AFFIRMATIVE DEFENSE 18 (Consent) 19 The repair process to Plaintiffs’ vehicle was appropriate and proper and is believed to have 20 been done with Plaintiffs’ consent. 21 FIFTEENTH AFFIRMATIVE DEFENSE 22 (Abuse or Failure to Maintain) 23 Plaintiffs are barred from recovery by virtue of Civil Code section 1794.3 since the claimed 24 defect or nonconformity was caused by the unauthorized or unreasonable use of the vehicle 25 following sale. 26 /// 27 /// 28 /// 4 DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 1 SIXTEENTH AFFIRMATIVE DEFENSE 2 (Civil Code 1791.1(c)-Implied Warranty) 3 Each and every cause of action based upon breach of implied warranty is barred by virtue of 4 Civil Code section 1791.1(c). 5 SEVENTEENTH AFFIRMATIVE DEFENSE 6 (Failure to Provide Reasonable Opportunity to Repair) 7 Plaintiffs are precluded from any recovery pursuant to the Song-Beverly Consumer Warranty 8 Act as Plaintiffs failed and refused to provide a reasonable opportunity to repair. 9 EIGHTEENTH AFFIRMATIVE DEFENSE 10 (Qualified Third Party Dispute Resolution Process) 11 Defendant maintains a third party dispute resolution process which substantially complies 12 with Civil Code section 1793.22. Defendant is informed and believes, and based thereon alleges, that 13 Plaintiffs received timely and appropriate notice of the availability of the process. Plaintiffs are 14 therefore barred from asserting the presumptions set forth in Civil Code section 1793.2 and from 15 recovering civil penalties pursuant to Civil Code section 1794(e). 16 NINETEENTH AFFIRMATIVE DEFENSE 17 (Failure to Provide Notice) 18 Defendant is informed and believes, and based thereon alleges, that Plaintiffs failed to 19 provide notice to this answering Defendant pursuant to Civil Code section 1794(e)(3). Plaintiffs are 20 therefore barred from asserting the presumptions set forth in Civil Code section 1793.22 and from 21 recovering civil penalties pursuant to Civil Code section 1794(e). 22 TWENTIETH AFFIRMATIVE DEFENSE 23 (Right to Arbitrate) 24 Defendant is informed and believes, and based thereon alleges, that Plaintiffs entered into a 25 binding arbitration agreement with Defendant Ford and/or the dealership from which Plaintiffs 26 purchased the vehicle. Defendant, therefore, may elect to exercise its right and pursue resolution of 27 this dispute through arbitration. 28 /// 5 DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 1 TWENTY-FIRST AFFIRMATIVE DEFENSE 2 (Economic Loss Rule) 3 Because Plaintiffs cannot establish any physical injury directly resulting from any alleged 4 defect or nonconformity in the subject vehicle, Plaintiffs’ claims are barred in whole or in part by the 5 economic loss rule. 6 TWENTY-SECOND AFFIRMATIVE DEFENSE 7 (Prevention of Performance) 8 Because Plaintiffs’ actions both prevented and excused Defendant’s performance under the 9 Song-Beverly Act and any and all applicable warranties, Plaintiffs’ claims are barred in whole or in 10 part by the prevention of performance doctrine. 11 TWENTY-THIRD AFFIRMATIVE DEFENSE 12 (Other Defenses) 13 Defendant presently has insufficient knowledge or information upon which to form a belief 14 as to whether it may have additional, as yet unstated, affirmative defenses available. Defendant 15 reserves herein the right to assert additional affirmative defenses in the event discovery indicates that 16 they would be appropriate. 17 PRAYER 18 WHEREFORE, Defendant FORD MOTOR COMPANY prays as follows: 19 1. That Plaintiffs take nothing by way of their Complaint on file herein; 20 2. That judgment be entered in favor of Defendant for costs of suit; and, 21 3. For such other and further relief as the Court may deem just and proper. 22 23 Dated: December 1, 2023 WILSON TURNER KOSMO LLP 24 25 By: 26 ROBERT A. SHIELDS 27 ALEXI R. SILVERMAN Attorneys for Defendant 28 FORD MOTOR COMPANY 6 DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 1 PROOF OF SERVICE 2 Maryanna Roderick, et al. v. Ford Motor Company 3 Case No.: 23-CIV-05059 4 I, the undersigned, declare as follows: 5 I am employed with the law firm of WILSON TURNER KOSMO LLP, whose address is 402 6 West Broadway, Suite 1600, San Diego, California 92101. I am readily familiar with the business practices of this office for collection and processing of correspondence for mailing with the United 7 States Postal Service; I am over the age of eighteen and I am not a party to this action. 8 On December 1, 2023, I served the following document(s), bearing the title(s): 9 1. DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT 10 Addressed as follows, in the manner listed below: 11 Kimberli Zazzi Attorneys for Plaintiffs, 12 Vincent M. Onorio Maryanna Roderick and Kyle Roderick LaDawna Fleckenstein 13 Lemon Law Pro Tel: (916) 836-8565 1098 Melody Lane, Building 200 Fax: (916) 836-8583 14 Roseville, CA 95678 Email: legal@lemonlawpro.com Email: kimberli@lemonlawpro.com 15 (By MAIL SERVICE) I placed such envelope for collection, deposit and mailing with the 16 United States Postal Service following ordinary business practices at my place of business. I am readily familiar with the business practice of my place of business for collection and 17 processing of correspondence for mailing with the United States Postal Service. 18 (By E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail, I caused the documents to be sent to the 19 persons as listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 20 (By OVERNIGHT CARRIER – NEXT DAY DELIVERY) I enclosed the documents in 21 an envelope or package provided by an overnight delivery carrier and addressed it to the person listed above. I placed the envelope or package for collection and overnight delivery at 22 an office or a regularly utilized drop box of the overnight delivery carrier. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 24 Executed on December 1, 2023 at San Diego, California. 25 26 Chelsie Hughes 27 28 7 DEFENDANT FORD MOTOR COMPANY’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT