Answer: DYLAN DONNELLY -V- EASTWOOD GARAGE, ETA AL Print

• 
• 
• 
• 

						
                                
Preview
                                t




    1   Gina Bazaz SBN 195313
        James N Kahn SBN 231062
    2   MURCHISON         CUMMING LLP
        801 South Grand Avenue Ninth Floor
                                                                            1f23 U Gr LIrO
    3   Los An eles California 90017 461 3                                               D

        Telephone 21 3 623 7400
                                                             5co   NTv o   s

    4   Facsimile   213   623 6336
                                                                3A f SERlARD t 0 I TRIC Y
        E Mail      gbazaz@murchisonlaw    com                        AUG 2
    5               jkahn@murchisonlaw   com                                                              F
                                                                               K
                                                              BY                             PUTY
    6   Attorneys for Defendant DORMAN                                     lCA Gal
                                                                                      Z

        PRODUCTS INC sued and served as DOE 1
    7


    8                      SUPERIOR COURT OF THE STATE OF CALIFORNIA

    9                              COUNTY OF SAN BERNARDINO MAW

 10


 11     DYLAN DONNELLY                                 CASE NO CiVDS1702333

 12                   Plaintiff                        ANSWER OF DEfENDANT DORMAN
                                                       PRODUCTS INC TO PLAINTIFF S
 13            vs                                      COMPLAINT


 14     EASTWOOD GARAGE INC MOUNTAfN                  Assigned to Hon Michael A Sachs
        VIEW TIRE SERVICE INC                          Dept S 28
 15     PLEASURE WAY INDUSTRIES LTD
        MCMAWON S RV SUPERSTORE INC                    Action Filed                02 08 2017
 16     TREY MITCWELL and DOES 1 through               Trial Date                  None Set
        100 Inclusive
 17                                                                                  3       D l
                      Defendants
18


19

20             COMES NOW defendant        DORMAN PRODUCTS INC                sued and served as DOE

21      1   hereafter answering defendant      for itself alone and in answer to Plaintiff s unverified

22      Complaint for Damages admits denies and alleges as follows

23                                          GENERAL DENIAL

24             1      By virtue of and pursuant to the provisions of the Code of Civil Procedure
25
        Section 431 30 tliis answering defendant generally and specifically denies each and every
26      ail and singular conjunctively and disjunctively the allegations contained in said Complaint
27      and each and every part thereof and each and every cause of action tfiereof and further

28
        specifically denies that plaintiff has been injured or damaged in the sum alleged or in any

              ANSWER OF DEFENDANT DOR MAN PRODUCTS INC             TO PLAINTIFF S COMPLAINT
 1   other sum or at all by reason of any carelessness negligence act or omission of this

 2   answering defendant

 3                                              AFFIRMATIVE DEFENSES


 4                                            FIRST AFFIRMATIVE DEFENSE


 5           2        As a first and separate affirmative defense to each cause of action asserted


 6   against it this answering defendant alleges that all of the causes of action contained in the

 7   Complaint herein fail to state facts sufficient to constitute a cause or causes of action

 8   against this answering defendant

 9                                       SECOND AFFIRMATIVE DEFENSE


10           3        As a second and separate affirmative defense to each cause of action

11   asserted against it this answering defendant alleges that Plaintiff was careless and
12   negligent in and about the matters alleged in the complaint and that said carelessness and

13   negligence on the part of Plaintiff proximately contributed to the happening of the accident
14         to Plaintiff       injuries loss            damage if any allegedly
     and                  s                   and or                             sustained   Therefore any
15   damages awarded to Plaintiff shall be diminished in proportion to the amount of fault

16   attributed to Plaintiff


17                                            THIRD AFFIRMATIVE DEFENSE

18           4       As a third and separate affirmative defense to each cause of action asserted

19   against it this answering defendant alleges that third parties were careless and negligent in
20   and about the matters alleged in the complaint and that said carelessness and negligence

21   on the part of said third parties proximately caused or contributed to the happening of the
22   accident and to Plaintiff s injuries loss and or damage if any allegedly sustained
23   Therefore any damages awarded to Plaintiff shall be precluded or diminished in proportion
24   to the amount of fault attributed to said third parties

25                                        FOURTH AFFIRMATIVE DEFENSE

26           5       As a fourth and separate affirmative defense to each cause of action asserted

27   against it this answering defendant alleges that the damages sustained by Plaintiff if any
28   were proximately caused by the acts omissions negligence fraud and or breach of

                                                             2
             ANSWER OF DEFENDANT DORMAN PRODUCTS INC                     TO PLAINTIFF S COMPLAINT