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1 James C. Schaeffer, Esq. (SBN 120172)
Dana Garber, Esq. (SBN 322877)
2 SCHAEFFER COTA ROSEN LLP
500 Esplanade Drive, Suite 950
3 Oxnard, CA 93036
Phone: (805) 988-9200
4 Fax: (805) 988-9292
5 JSchaeffer@SCR-Legal.com
DGarber@SCR-Legal.com
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Attorneys for Defendant Brent J. Kovacs, M.D.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA BARBARA – ANACAPA DIVISION
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11 SUSANNA VADAS, ) Case No.: 23CV02583
) [Unlimited]
12 Plaintiff, )
) Hon.: Thomas P. Anderle
13 v. ) Dept.: 3
)
14 BRENT J. KOVACS, M.D., and DOES 1-50, ) DEFENDANT BRENT J. KOVACS, M.D.’S
Inclusive, ) ANSWER TO PLAINTIFF’S UNVERIFIED
15 ) COMPLAINT
Defendants. )
16 )
)
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) Trial Date: Not assigned.
18 ) Action Filed: June 15. 2023
)
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COMES NOW defendant BRENT J. KOVACS, M.D. and answering the unverified
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Complaint on file herein hereby denies and allege as follows:
22 Pursuant to the provisions of the Code of Civil Procedure § 431.30(d), this answering
23 defendant denies generally and specifically each, every and all of the allegations of plaintiff’s
24 Complaint, and each and every purported cause of action therein, and the whole thereof; this
25 answering defendant further denies that the plaintiff was injured or damaged in any sum or sums,
26 or at all, by reason of any negligent act or omission to act, or by reason of any other conduct on
27 the part of this answering defendant or any of their agents and employees.
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DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT
1 FIRST AFFIRMATIVE DEFENSE
2 That the Complaint does not state facts sufficient to constitute causes of action against this
3 answering defendant.
4 SECOND AFFIRMATIVE DEFENSE
5 That the plaintiff was negligent, and said negligence was a proximate cause of the injuries
6 and damages alleged, if any, and any recovery in this action should be reduced proportionate to
plaintiff’s own negligence.
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THIRD AFFIRMATIVE DEFENSE
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In the event this answering defendant is found to be negligent, which supposition is denied
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and merely stated for the purpose of this affirmative defense, this answering defendant may elect
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to introduce evidence of any amounts paid or payable, if any, as a benefit to plaintiff pursuant to
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Civil Code § 3333.1.
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FOURTH AFFIRMATIVE DEFENSE
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Without admitting any of the allegations of the Complaint, this answering defendant
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conditionally and provisionally alleges that any award of damages, if any, for non-economic losses
15 cannot exceed the amount specified in Civil Code § 3333.2.
16 FIFTH AFFIRMATIVE DEFENSE
17 Without admitting any of the allegations of the Complaint, this answering defendant
18 conditionally and provisionally alleges that if there is any award for future damages, if any, in
19 excess of the amount specified in Code of Civil Procedure § 667.7, then in that event defendant
20 has the right to elect payment in whole or in part as specified in Code of Civil Procedure § 667.7.
21 SIXTH AFFIRMATIVE DEFENSE
22 That the plaintiff herein is barred from recovery from this answering defendant by
23 operation of the statute of limitations as set forth in the Code of Civil Procedure including, but not
24 limited to, § 340.5.
SEVENTH AFFIRMATIVE DEFENSE
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That plaintiff’s actions herein are barred by the provisions of Civil Code § 1714.8 in that
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the injuries and damages complained of by plaintiff, if any, were solely as the result of the natural
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DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT
1 course of a disease or condition and/or expected result of reasonable treatment rendered for the
2 disease or condition by the defendants herein.
3 EIGHTH AFFIRMATIVE DEFENSE
4 Without admitting any of the allegations of the Complaint, in the event this answering
5 defendant is found to be liable, any liability of this answering defendant for the amount of non-
6 economic damages shall be allocated to this answering defendant in direct proportion to this
defendant’s percentage of fault, if any, according to the Fair Responsibility Act of 1986, Civil Code
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§ 1431.1, et seq.
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NINTH AFFIRMATIVE DEFENSE
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Without admitting any of the allegations of the Complaint, this answering defendant
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conditionally and provisionally alleges that if plaintiff sustained any injuries or damages, such
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injuries were caused by or contributed to by the acts or omissions of other persons or entities and
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that such acts or omissions constitute an intervening and superseding cause of said injuries or
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damages, thus barring plaintiff from any recovery against this answering defendant.
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TENTH AFFIRMATIVE DEFENSE
15 The allegations of the Complaint are barred by the Emergency Care/Good Samaritan
16 statutes, including but not limited to Health and Safety Code § 1317 and Business and Professions
17 Code §§ 2395, 2396, et seq.
18 ELEVENTH AFFIRMATIVE DEFENSE
19 That plaintiff prays for judgment for an amount including prejudgment interest which is
20 violative of California statutory and case law.
21 TWELFTH AFFIRMATIVE DEFENSE
22 The plaintiff had knowledge of, appreciated and voluntarily assumed the risk of probable
23 and likely injury by reason of such plaintiff’s conduct at the time and place mentioned in the
24 Complaint.
THIRTEENTH AFFIRMATIVE DEFENSE
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Defendant, as to all causes of action, acted, at all times mentioned in the Complaint, with
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express or implied consent of plaintiff.
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DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT
1 FOURTEENTH AFFIRMATIVE DEFENSE
2 Plaintiff’s causes of action, and each of them, are barred by the doctrine of laches.
3 FIFTEENTH AFFIRMATIVE DEFENSE
4 Plaintiff’s causes of action, and each of them, are unintelligible and uncertain.
5 SIXTEENTH AFFIRMATIVE DEFENSE
6 Defendant alleges, as to all causes of action, that by reason of the acts and omissions of the
plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of duty or for any
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other cause.
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SEVENTEENTH AFFIRMATIVE DEFENSE
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Defendant alleges, as to all causes of action, that by reason of the acts and omissions of the
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plaintiff, plaintiff is estopped from entitlement to any recovery, if any exists.
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EIGHTEENTH AFFIRMATIVE DEFENSE
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Defendant alleges, as to all causes of action, that by reason of the acts and omissions of the
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plaintiff, plaintiff has released and discharged defendant from any liability.
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NINETEENTH AFFIRMATIVE DEFENSE
15 Defendant alleges, as to all causes of action, that plaintiff is barred from any recovery, if
16 any, by the doctrine of unclean hands.
17 TWENTIETH AFFIRMATIVE DEFENSE
18 Defendant alleges, as to all causes of action, that they did not breach any duty to plaintiff.
19 TWENTY-FIRST AFFIRMATIVE DEFENSE
20 In the event this answering defendant should be found liable to plaintiff, this answering
21 defendant is entitled to an offset and/or reduction, and plaintiff is barred from recovering any and
22 all amounts paid for plaintiff’s alleged injuries by way of settlement or judgment of any claim,
23 incident or lawsuit which may have contributed to the injuries averred.
24 TWENTY-SECOND AFFIRMATIVE DEFENSE
Under Code of Civil Procedure § 875, in the event that a money judgment is rendered
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jointly against this answering defendant and one or more co-defendants a right of contribution
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shall be administered in accordance with the principles of equity.
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///
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DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT
1 TWENTY-THIRD AFFIRMATIVE DEFENSE
2 Without admitting any of the allegations of the Complaint, this answering defendant
3 conditionally and provisionally allege that if plaintiff sustained any injuries or damages, such
4 injuries were not caused by defendant because plaintiff would have consented to the procedure
5 even if he had been informed of the risks, thus barring plaintiff from any recovery against this
6 answering defendant.
TWENTY-FOURTH AFFIRMATIVE DEFENSE
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Defendant alleges that the plaintiff failed to mitigate any damages allegedly sustained.
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WHEREFORE, this answering defendant prays that the plaintiff takes nothing by this
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action, for cost of suit incurred herein and for such other and further relief as the Court deems just
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and proper.
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Dated: January 17, 2024 SCHAEFFER COTA ROSEN LLP
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14 By: ___________________________
15 James C. Schaeffer
Dana A. Garber
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Attorneys for Defendant Brent J. Kovacs, M.D.
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DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT
PROOF OF SERVICE
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2 Vadas v. Brent J. Kovacs, M.D., et al.
Santa Barbara County Superior Court
3 Case No. 23CV02583
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5 STATE OF CALIFORNIA, COUNTY OF VENTURA
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I am employed in the County of Ventura, State of California. I am over the age of 18 years and
7 am not a party to this action. My business address is 500 Esplanade Drive, Suite 950, Oxnard, California
93036. My email address is ebyerly@SCR-Legal.com. On January 17, 2024, I served the following
8 document(s) described as DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO
PLAINTIFF’S UNVERIFIED COMPLAINT on the list of interested parties listed:
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Attorneys for Plaintiff
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Christina M. Denning, Esq.
11 Denning Moores, APC
12526 High Bluff Drive, Suite 300
12 San Diego, CA 92130
Tel: (858) 356-5610
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Email: DenningC@DenningMoores.com;
14 williamsb@denningmoores.com
15 CJ
X By Electronic Mail: Pursuant to Code of Civil Procedure §1010.6, and/or as otherwise agreed
upon by the parties, service is made solely by electronically emailing the document(s) to the
16 email address (es) set forth on the attached service list, from the email address noted above.
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I declare under the penalty of perjury under the laws of the State of California and of the
18 United States that the foregoing is true and correct.
19 Executed on January 17, 2024, at Oxnard, California.
20 Edna Byerly
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Edna Byerly
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PROOF OF SERVICE
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1 James C. Schaeffer, Esq. (SBN 120172) Dana Garber, Esq. (SBN 322877) 2 SCHAEFFER COTA ROSEN LLP 500 Esplanade Drive, Suite 950 3 Oxnard, CA 93036 Phone: (805) 988-9200 4 Fax: (805) 988-9292 5 JSchaeffer@SCR-Legal.com DGarber@SCR-Legal.com 6 Attorneys for Defendant Brent J. Kovacs, M.D. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA BARBARA – ANACAPA DIVISION 10 11 SUSANNA VADAS, ) Case No.: 23CV02583 ) [Unlimited] 12 Plaintiff, ) ) Hon.: Thomas P. Anderle 13 v. ) Dept.: 3 ) 14 BRENT J. KOVACS, M.D., and DOES 1-50, ) DEFENDANT BRENT J. KOVACS, M.D.’S Inclusive, ) ANSWER TO PLAINTIFF’S UNVERIFIED 15 ) COMPLAINT Defendants. ) 16 ) ) 17 ) Trial Date: Not assigned. 18 ) Action Filed: June 15. 2023 ) 19 20 COMES NOW defendant BRENT J. KOVACS, M.D. and answering the unverified 21 Complaint on file herein hereby denies and allege as follows: 22 Pursuant to the provisions of the Code of Civil Procedure § 431.30(d), this answering 23 defendant denies generally and specifically each, every and all of the allegations of plaintiff’s 24 Complaint, and each and every purported cause of action therein, and the whole thereof; this 25 answering defendant further denies that the plaintiff was injured or damaged in any sum or sums, 26 or at all, by reason of any negligent act or omission to act, or by reason of any other conduct on 27 the part of this answering defendant or any of their agents and employees. 28 1 DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT 1 FIRST AFFIRMATIVE DEFENSE 2 That the Complaint does not state facts sufficient to constitute causes of action against this 3 answering defendant. 4 SECOND AFFIRMATIVE DEFENSE 5 That the plaintiff was negligent, and said negligence was a proximate cause of the injuries 6 and damages alleged, if any, and any recovery in this action should be reduced proportionate to plaintiff’s own negligence. 7 THIRD AFFIRMATIVE DEFENSE 8 In the event this answering defendant is found to be negligent, which supposition is denied 9 and merely stated for the purpose of this affirmative defense, this answering defendant may elect 10 to introduce evidence of any amounts paid or payable, if any, as a benefit to plaintiff pursuant to 11 Civil Code § 3333.1. 12 FOURTH AFFIRMATIVE DEFENSE 13 Without admitting any of the allegations of the Complaint, this answering defendant 14 conditionally and provisionally alleges that any award of damages, if any, for non-economic losses 15 cannot exceed the amount specified in Civil Code § 3333.2. 16 FIFTH AFFIRMATIVE DEFENSE 17 Without admitting any of the allegations of the Complaint, this answering defendant 18 conditionally and provisionally alleges that if there is any award for future damages, if any, in 19 excess of the amount specified in Code of Civil Procedure § 667.7, then in that event defendant 20 has the right to elect payment in whole or in part as specified in Code of Civil Procedure § 667.7. 21 SIXTH AFFIRMATIVE DEFENSE 22 That the plaintiff herein is barred from recovery from this answering defendant by 23 operation of the statute of limitations as set forth in the Code of Civil Procedure including, but not 24 limited to, § 340.5. SEVENTH AFFIRMATIVE DEFENSE 25 That plaintiff’s actions herein are barred by the provisions of Civil Code § 1714.8 in that 26 the injuries and damages complained of by plaintiff, if any, were solely as the result of the natural 27 28 2 DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT 1 course of a disease or condition and/or expected result of reasonable treatment rendered for the 2 disease or condition by the defendants herein. 3 EIGHTH AFFIRMATIVE DEFENSE 4 Without admitting any of the allegations of the Complaint, in the event this answering 5 defendant is found to be liable, any liability of this answering defendant for the amount of non- 6 economic damages shall be allocated to this answering defendant in direct proportion to this defendant’s percentage of fault, if any, according to the Fair Responsibility Act of 1986, Civil Code 7 § 1431.1, et seq. 8 NINTH AFFIRMATIVE DEFENSE 9 Without admitting any of the allegations of the Complaint, this answering defendant 10 conditionally and provisionally alleges that if plaintiff sustained any injuries or damages, such 11 injuries were caused by or contributed to by the acts or omissions of other persons or entities and 12 that such acts or omissions constitute an intervening and superseding cause of said injuries or 13 damages, thus barring plaintiff from any recovery against this answering defendant. 14 TENTH AFFIRMATIVE DEFENSE 15 The allegations of the Complaint are barred by the Emergency Care/Good Samaritan 16 statutes, including but not limited to Health and Safety Code § 1317 and Business and Professions 17 Code §§ 2395, 2396, et seq. 18 ELEVENTH AFFIRMATIVE DEFENSE 19 That plaintiff prays for judgment for an amount including prejudgment interest which is 20 violative of California statutory and case law. 21 TWELFTH AFFIRMATIVE DEFENSE 22 The plaintiff had knowledge of, appreciated and voluntarily assumed the risk of probable 23 and likely injury by reason of such plaintiff’s conduct at the time and place mentioned in the 24 Complaint. THIRTEENTH AFFIRMATIVE DEFENSE 25 Defendant, as to all causes of action, acted, at all times mentioned in the Complaint, with 26 express or implied consent of plaintiff. 27 /// 28 3 DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT 1 FOURTEENTH AFFIRMATIVE DEFENSE 2 Plaintiff’s causes of action, and each of them, are barred by the doctrine of laches. 3 FIFTEENTH AFFIRMATIVE DEFENSE 4 Plaintiff’s causes of action, and each of them, are unintelligible and uncertain. 5 SIXTEENTH AFFIRMATIVE DEFENSE 6 Defendant alleges, as to all causes of action, that by reason of the acts and omissions of the plaintiff, plaintiff has waived any entitlement to any recovery, for any breach of duty or for any 7 other cause. 8 SEVENTEENTH AFFIRMATIVE DEFENSE 9 Defendant alleges, as to all causes of action, that by reason of the acts and omissions of the 10 plaintiff, plaintiff is estopped from entitlement to any recovery, if any exists. 11 EIGHTEENTH AFFIRMATIVE DEFENSE 12 Defendant alleges, as to all causes of action, that by reason of the acts and omissions of the 13 plaintiff, plaintiff has released and discharged defendant from any liability. 14 NINETEENTH AFFIRMATIVE DEFENSE 15 Defendant alleges, as to all causes of action, that plaintiff is barred from any recovery, if 16 any, by the doctrine of unclean hands. 17 TWENTIETH AFFIRMATIVE DEFENSE 18 Defendant alleges, as to all causes of action, that they did not breach any duty to plaintiff. 19 TWENTY-FIRST AFFIRMATIVE DEFENSE 20 In the event this answering defendant should be found liable to plaintiff, this answering 21 defendant is entitled to an offset and/or reduction, and plaintiff is barred from recovering any and 22 all amounts paid for plaintiff’s alleged injuries by way of settlement or judgment of any claim, 23 incident or lawsuit which may have contributed to the injuries averred. 24 TWENTY-SECOND AFFIRMATIVE DEFENSE Under Code of Civil Procedure § 875, in the event that a money judgment is rendered 25 jointly against this answering defendant and one or more co-defendants a right of contribution 26 shall be administered in accordance with the principles of equity. 27 /// 28 4 DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT 1 TWENTY-THIRD AFFIRMATIVE DEFENSE 2 Without admitting any of the allegations of the Complaint, this answering defendant 3 conditionally and provisionally allege that if plaintiff sustained any injuries or damages, such 4 injuries were not caused by defendant because plaintiff would have consented to the procedure 5 even if he had been informed of the risks, thus barring plaintiff from any recovery against this 6 answering defendant. TWENTY-FOURTH AFFIRMATIVE DEFENSE 7 Defendant alleges that the plaintiff failed to mitigate any damages allegedly sustained. 8 WHEREFORE, this answering defendant prays that the plaintiff takes nothing by this 9 action, for cost of suit incurred herein and for such other and further relief as the Court deems just 10 and proper. 11 12 Dated: January 17, 2024 SCHAEFFER COTA ROSEN LLP 13 14 By: ___________________________ 15 James C. Schaeffer Dana A. Garber 16 Attorneys for Defendant Brent J. Kovacs, M.D. 17 18 19 20 21 22 23 24 25 26 27 28 5 DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT PROOF OF SERVICE 1 2 Vadas v. Brent J. Kovacs, M.D., et al. Santa Barbara County Superior Court 3 Case No. 23CV02583 4 5 STATE OF CALIFORNIA, COUNTY OF VENTURA 6 I am employed in the County of Ventura, State of California. I am over the age of 18 years and 7 am not a party to this action. My business address is 500 Esplanade Drive, Suite 950, Oxnard, California 93036. My email address is ebyerly@SCR-Legal.com. On January 17, 2024, I served the following 8 document(s) described as DEFENDANT BRENT J. KOVACS, M.D.’S ANSWER TO PLAINTIFF’S UNVERIFIED COMPLAINT on the list of interested parties listed: 9 Attorneys for Plaintiff 10 Christina M. Denning, Esq. 11 Denning Moores, APC 12526 High Bluff Drive, Suite 300 12 San Diego, CA 92130 Tel: (858) 356-5610 13 Email: DenningC@DenningMoores.com; 14 williamsb@denningmoores.com 15 CJ X By Electronic Mail: Pursuant to Code of Civil Procedure §1010.6, and/or as otherwise agreed upon by the parties, service is made solely by electronically emailing the document(s) to the 16 email address (es) set forth on the attached service list, from the email address noted above. 17 I declare under the penalty of perjury under the laws of the State of California and of the 18 United States that the foregoing is true and correct. 19 Executed on January 17, 2024, at Oxnard, California. 20 Edna Byerly 21 Edna Byerly 22 23 24 25 26 27 28 1 PROOF OF SERVICE