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

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                                I                                                                         ORIGIN L

 1   Gina Bazaz SBN 195313
     James N Kahn SBN 231062
 2   MURCHISON       CUMMING LLP                                                            B             g
     801 South Grand Avenue Ninth Floor                                     s    rrF io ca mT rrc uF               r in
                                                                                couN v o sn ra ee ran oi           o
 3   Los An 9 eles Callfornia 90017 4613                                            SAN BERN    FtUINO UfSTRiCT
     Telephone 213 623 7400
 4   Facsimile 213 623 6336                                                              SEP 2 i 2017
     E Mail          gbazaz@murchisonlaw com
 5                  jkahn@murchisonlaw      com
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                                                                                      JES   CAGAisC EZ            EPUTY
 6   Attorneys for DefendanUCross Complainant
     DORMAN PRODUCTS INC and Defendant
 7   AUTOZONE PARTS INC                 erroneously sued
     and served as DOE 2 identified as AutoZone
 8   Inc

 9                              SUPERIOR COURT OF THE STATE OF CALIFORNIA

10                                    COUNTY OF SAN BERNARDINO MAIN

11


12   DYLAN DONNELLY                                        CASE NO        CIVDS1702333                                         J
13                     Plaintiff                           ANSWER OF DEFENDANT
                                                           AUTOZONE PARTS INC TO                                          IV
14             vs                                          PLAINTIFF S COMPLAINT

15   EASTWOOD GARAGE INC MOUNTAIN                          Assigned to Hon Michael A Sachs
     VIEW TIRE SERVICE INC                                 Dept S 28
16   PLEASURE WAY INDUSTRIES LTD
     MCMAHON S RV SUPERSTORE INC                           Action Filed                 02 08 2017
17   TREY MITCHELL and DOES 1 through                      Trial Date                   None Set
     100   Inclusive
78
                       Defendants


                                                                                                              c
20   AND RELATED CROSS ACTIONS                                                                  u
                                                                                                  rJ

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ZZ             COMES NOW defendant AU fOZONE PARTS INC erroneously sued and served
23   as DOE 2 identified as AutoZone Inc           hereafter answering defendanY for itself alone
                      i
24   and in answer to Plaintiffs unverified Complaint for Damages admits denies and alleges as

25   follows

26                                             GENERAL DENIAL

27             1       By irtue of and pursuant to the provisions of the Code of Civil Procedure
                            I
28   Section 431 30 his answering defendant generally and specifically denies each and every


                   ANSWER       F DEFENDANT AUTOZONE PARTS INC       TO PLAINTIFF S COMPLAINT
                         i


 1   all and singular conjunctively and disjunctively the allegations contained in said Complaint

 2   and each and every part thereof and each and every cause of action thereof and further

 3 specifically denies that plaintiff has been injured or damaged in the sum alleged or in any
 4   other sum or at all by reason of any carelessness negligence act or omission of this

 5   answering defendant

 6                                         AFFIRMATIVE DEFENSES

 7                                       FIRST AFFIRMATIVE DEFENSE


 8          2       As a first and separate affirmative defense to each cause of action asseited

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

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

11   against this answering defendant

12                                     SECOND AFFIRMATIVE DEFENSE

13          3       As a second and separate affirmative defense to each cause of action

14   asserted againsYit this answering defendant alleges that Plaintiff was careless and
15   negligent in and about the matters alleged in the complaint and that said carelessness and

16   negligence on the part of Plaintiff proximately contributed to the happening of the accident

17   and to Plaintiffs injuries loss and or damage if any allegedly sustained Therefore          ny

18   damages awarded to Plaintiff shall be diminished in proportion to the amount of fault

19   attributed to Plaintiff

20                                      THIRD AFFIRMATIVE DEFENSE

21          4       As a third and separate affirmative defense to each cause of action asserted

22   against it this answering defendant alleges that third parties were careless and negligent in
23   and about the m tters alleged in the complaint and that said carelessness and negligence


24   on the part of sai third parties proximately caused or contributed to the happening of the

25   accident and to         laintiffs injuries loss and or damage if any allegedly sustained

26   Therefore any d mages awarded to Plaintiff shall be precluded or diminished in proportion
27   to the amount of fault attributed to said third parties

28




                ANSWER       F DEFENDANT AUTOZONE PARTS INC        TO PLAINTIFF S COMPLAINT