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

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                                1    Law Offices of
                   MATHENY SEARS LINKERT             TAIME   LLP

              2    JEFFREY E LEVINE        ESQ     SBN 255862
                                                                                         SUPERI COURT  OF D  IFORNIA
                                                                                          COUNTY OF SAN BERNARDINO     3
                   3638 American River Drive                                               SAN BERNARDINO DtSTRICT
              3    Sacramento California 95864
                   Telephone    916 9 I8 3434                                                   MAR 2 2 2018
              4    Facsimile    916 978 3430


              5    Attorneys for Defendant NORTH COAST
                                                                                              LISETTE ORTEGA bEPUTY
                   BEARINGS LLC sued and served herein as DOE 3
              6


              7


              8                       SUF ERIOR COURT OF TNE STATE OF CALIFORNI


              9                                   COUNTY OF SAN BERNARDINO
     a


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             11    DYLAN DONNELLY                                       Case No   CIVDS1702333                         i
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o            12                       Plaintiff                 j       t SSIGNED TO JUDGE MICHAEL A
     w                                                                  SACHS FOR ALL PURPOSES DEPT 28
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             14    EAS TWOOD GARAGE iNC                                 ANSWER TO COMPLAINT
gQ       a         MOUNTAIN VIEW TIRE             SERVICE
     N       15    INC PLEASURE WAY INDUSTRIES
     z             LTD MCMAHON S RV SUPERSTORE


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             16    INC TREY MITCHELL and DOES 1
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             17                                                                               r

                                      Defendants
             18


             19


             20            COMF S NOW defendant NORTH COAST BEARINGS LLC sued and served herein as


             21   DOE 3 and in answer to plaintiff s complaint on file herein admits denies and alleges as follows

             22                                                     I


             23                                        GENERAL DENIAL


             24            Answering each and every paragraph in said cornplaint and each and every paragraph of

             25   each cause of action of said complaint this answering defendant denies the same both generally

             26   and specifically each and every allegation therein contained and deny that plaintiffs were or will

             27   be damaged in the sum or sums alleged or in any sum whatsoever ar at all

             28

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                                                     ANSWER TO COMPLAINT
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                 1                                                     II


                 2                                  FIRST AFFIRMATIVE DEFENSE


                 3                                   Failure to State a Cause of Action

                 4            AS AND FOR A FURTHER SEPAR ATE AND DISTINCT ANSWER AND DEFENSE


                 5   to plaintiff s complaint on file herein this answering defendant alleges that plaintiff s complaint
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                 6   fails to state facts sufficient to constitute a or any cause of action against this answering defendant

                 7                                                     III

                 8                                 SECOND AFFIRMATIVE DEFENSE


                 9                                            Comparative Fault
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                10            AS AND FOR A FURTHER SEPARATE AND DISTINCT ANSWF R AND DEFENSE
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                11   to plaintiff s complaint on file herein this answering defendant is informed and beiieves and

                12   thereon alleges that at the time and place of the accident in question plaintiffs were guilty of
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    zza         13   carelessness and negligence in and about the matters and things set forth in plaintiff s complaint


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        W   Z   14   that said carelessness and negligence on plaintiff s own part proximateiy caused and eontributed to
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    N           15   the happening of the accident in question and the resultant alleged injuries and damage to plaintiffs
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                16   if any
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                17                                                     IV


                18                                  THIRD AFFIRMATIVE DEFENSF
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                19                               Comparative Fault Unknown Third Party

                20            AS AND FOR A FURTHER SEPARATE AND DTSTINCT ANSWER AND DEFENSE

                21   to plaintiff s complaint on file herein and to each and every purported cause of action cantained

                22   therein this answering defendant alleges that at the time and place of the events described in
                23   plaintiff s complaint persons and entities as yet unknown to this answering defendant were

                24   careless negligent in breach of contract in breach of fiduciary duty in breach ofwarranty express

                25   ar implied strictly liable and or otherwise legally at fault in and about the matters and things alleged
                26   in plaintiff s complaint which comparative negligence breach of contract breach of fiduciary duty

                27   breaeh of warranty strict liability andlor other legal fault proximately caused or contributed to the

                28   injuries and damages complained of if any there were or are and that liability should be r
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                                                          ANSWEIt TO COiVIPLAINT                                                    f