Preview
Electronically Filed Superior Court of CA County of Contra Costa 6/26/2023 2:45 PM By: A. Stewart, Deputy
1 Edward J. Riffle, Esq. (State Bar No. 193983)
Michael I. Hopkins, Esq. (State Bar No. 332769)
2 COLLINS + COLLINS LLP
790 E. Colorado Boulevard, Suite 600
3 Pasadena, CA 91101
4 (626) 243-1100 – FAX (626) 243-1111
Email: eriffle@ccllp.law
5 Email: mhopkins@ccllp.law
6 Attorneys for Defendant
Cannon Constructors North, Inc. (erroneously sued as Cannon Constructors, Inc.)
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF CONTRA COSTA —DISTRICT
10
11 MARTIN OCHOA SUAREZ, CASE NO. C23-00191
Assigned to Hon. Charles S. Treat in Dept. 12
12 Plaintiff,
13 DEFENDANT CANNON CONSTRUCTORS
vs. NORTH, INC’S ANSWER TO PLAINTIFF’S
14 COMPLAINT
CANNON CONSTRUCTORS, INC. and
15 DOES 1 to 100, inclusive Complaint Filed: 1/26/2023
Trial Date: None
16 Defendants.
17
18
19 COMES NOW Defendant CANNON CONSTRUCTORS NORTH, INC. (“Cannon” or
20 “Defendant”) and in answer to the complaint filed by Plaintiff MARTIN OCHOA SUAREZ
21 (“Plaintiff”) herein denies and alleges as follows:
22 Pursuant to the provisions of Code of Civil Procedure Section 431.30, Defendant herein
23 generally and specifically denies each and every allegation of the Complaint, and the whole thereof.
24 Defendant further specifically denies that Plaintiff has sustained any injury or damages whatsoever
25 as a direct or proximate result of any act, breach, or omission on the part of Defendant, its agents, or
26 employees, and further denies that Plaintiff is entitled to any relief sought by the Complaint nor any
27 other relief whatsoever from Defendant.
28 ///
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790 E. Colorado Blvd., Suite 600,
Pasadena, CA 91101
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T: (626) 243-1100
F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT
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AFFIRMATIVE DEFENSES
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Without admitting or acknowledging that it bears the burden of proof as to any of them,
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Defendant asserts the following affirmative and other defenses and reserve the right to amend its
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Answer as additional information becomes available.
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FIRST AFFIRMATIVE DEFENSE
6 (Failure to State a Cause of Action)
7 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
8 thereon alleges, that the Complaint fails to state facts sufficient to constitute causes of action upon
9 which relief can be granted.
10 SECOND AFFIRMATIVE DEFENSE
11 (Statute of Limitation)
12 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
13 thereon alleges, that the Complaint, and each cause of action therein, fails as a matter of law because
14 each cause of action is barred, either wholly or in part, by the statute of limitations set forth in the
15 Code of Civil Procedure including, but not limited to, sections 337, 337.1, 337.15, 338, 339, and 343.
16 THIRD AFFIRMATIVE DEFENSE
17 (Comparative Fault)
18 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
19 thereon alleges, that the injuries alleged in the Complaint, were caused in whole or in part by Plaintiff
20 and/or other third parties’ conduct and activities, including their own negligence and carelessness.
21 Therefore, any damages awarded to Plaintiff shall be diminished in proportion to the amount of fault
22 attributed to his own negligence and carelessness.
23 FOURTH AFFIRMATIVE DEFENSE
24 (Act of God)
25 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
26 thereon alleges, that the damage of which Plaintiff complains, if any, was caused by acts of God for
27 which Defendant has no control or responsibility.
28 ///
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790 E. Colorado Blvd., Suite 600,
Pasadena, CA 91101
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T: (626) 243-1100
F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT
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FIFTH AFFIRMATIVE DEFENSE
2
(Intervening and Superseding Causes)
3
As a separate and distinct affirmative defense, Defendant is informed and believes, and based
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thereon alleges, that if Plaintiff was injured or suffered any loss, which Defendant denies, that any
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such injury and/or loss was proximately caused by the intervening and superseding action(s) on the
6 part of Plaintiff or third parties other than Defendant, and that by virtue of the intervening and
7 superseding fault, any recovery against Defendant must be reduced in percentage to the amount of
8 said fault.
9 SIXTH AFFIRMATIVE DEFENSE
10 (Failure to Exercise Reasonable Care)
11 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
12 thereon alleges, that Plaintiff and/or other third parties failed to exercise reasonable care and diligence
13 to avoid loss and to minimize the losses and damages, if any, which Plaintiff alleges. Plaintiff failed
14 to exercise reasonable efforts or to reasonably make expenditures, which could have prevented the
15 losses Plaintiff has allegedly suffered.
16 SEVENTH AFFIRMATIVE DEFENSE
17 (Estoppel)
18 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
19 thereon alleges, that Plaintiff, by his own conduct, is equitably estopped from asserting any right to
20 recover against Defendant.
21 EIGHTH AFFIRMATIVE DEFENSE
22 (Waiver)
23 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
24 thereon alleges, that Plaintiff engaged in conduct and activities sufficient to constitute a waiver of
25 any alleged negligence or any other conduct, if any, as set forth in the Complaint.
26 NINTH AFFIRMATIVE DEFENSE
27 (Laches)
28 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
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thereon alleges, that each and every one of Plaintiff’s causes of action are barred by the equitable
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doctrine of laches.
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TENTH AFFIRMATIVE DEFENSE
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(Standard of Care)
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As a separate and distinct affirmative defense, Defendant is informed and believes, and based
6 thereon alleges, that the conduct by or on behalf of Defendant, if any, which is the subject of the instant
7 action, met the applicable standard of care.
8 ELEVENTH AFFIRMATIVE DEFENSE
9 (Lack of Duty)
10 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
11 thereon alleges, that Defendant did not owe a duty of care to Plaintiff, if any.
12 TWELFTH AFFIRMATIVE DEFENSE
13 (No Breach of Duty)
14 As a separate and distinct affirmative defense, Defendant is informed and believes, and without
15 admitting that a duty of care was owed, based thereon alleges, that Defendant did not breach a duty of
16 care owed to Plaintiff, if any.
17 THIRTEENTH AFFIRMATIVE DEFENSE
18 (Lack of Causation)
19 As a separate and distinct affirmative defense, Defendant is informed and believes, and based thereon
20 alleges, that Plaintiff’s injuries and damages, if any, were not caused by the acts or omissions of
21 Defendant, whether directly or indirectly, and that at all times mentioned in the Operative Complaint,
22 any damage or loss, if any, allegedly suffered by Plaintiff herein was directly and proximately caused
23 and/or contributed to by the negligence or fault of persons separate and apart from Defendant, whether
24 they be named or unnamed in the action.
25 FOURTEENTH AFFIRMATIVE DEFENSE
26 (Custom and Standard Work)
27 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
28 thereon alleges, that at all times relevant to the Complaint, Plaintiff performed his work in a manner
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within the custom and standards of the relevant industry.
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FIFTEENTH AFFIRMATIVE DEFENSE
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(Active Negligence)
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As a separate and distinct affirmative defense, Defendant is informed and believes, and based
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thereon alleges, that the Complaint and each and every cause of action therein, is barred by the active
6 negligence of Plaintiff and/or third parties as compared to the passive actions, if any at all, of Defendant.
7 SIXTEENTH AFFIRMATIVE DEFENSE
8 (Third Party Negligence)
9 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
10 thereon alleges, that the injuries and damages, if any, sustained by Plaintiff, and at the time(s) and/or
11 place(s) alleged in Plaintiff’s Complaint, were a direct and proximate result of the acts, omissions, or
12 negligence of third parties without the knowledge or control of Defendant, and therefore were sustained,
13 if at all, without any negligence, whether active or passive, on the part of Defendant.
14 SEVENTEENTH AFFIRMATIVE DEFENSE
15 (Apportionment)
16 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
17 thereon alleges, that at all times mentioned in Complaint, any damage or loss, if any, allegedly suffered
18 by Plaintiff herein was directly and proximately caused, and contributed to, by the negligence or fault of
19 persons separate and apart from Defendant, whether they be named or unnamed in the instant action.
20 In the event a finding is made that negligence exists on the part of Defendant, which proximately
21 contributed to Plaintiff’s injuries and/or damages, if any, the amount of recovery from Defendant, if any,
22 shall be reduced on the basis of the comparative negligence of such other persons, named or unnamed,
23 which Defendant alleges directly and proximately caused Plaintiff’s alleged injuries. Defendant will
24 seek from the Court appropriate instructions to the trier of fact apportioning the negligence or fault, if
25 any, attributable to any such other persons, whether named or unnamed, for any injury, damage or loss,
26 if any, suffered by Plaintiff herein.
27 ///
28 ///
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F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT
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EIGHTEENTH AFFIRMATIVE DEFENSE
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(Conduct Was Justified)
3
As a separate and distinct affirmative defense, Defendant is informed and believes, and based
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thereon alleges, that Defendant’s conduct regarding the matters alleged in the Complaint was justified,
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and as such, Plaintiff is barred from any recovery against Defendant.
6 NINETEENTH AFFIRMATIVE DEFENSE
7 (Assumption of Risk)
8 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
9 thereon alleges, that Plaintiff expressly, knowingly, and voluntarily assumed all risks, if any, which he
10 complains of in the operative Complaint, and is therefore barred either totally or to the extent of said
11 assumption from recovery of any damages.
12 TWENTIETH AFFIRMATIVE DEFENSE
13 (No Liability)
14 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
15 thereon alleges, that the answering Defendant is not personally liable for the obligations of other named
16 or unnamed Defendants.
17 TWENTY-FIRST AFFIRMATIVE DEFENSE
18 (Economic Loss Doctrine)
19 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
20 thereon alleges, that Plaintiff is precluded from recovering in tort for economic losses, which have
21 not yet caused personal injury or physical damage.
22 TWENTY-SECOND AFFIRMATIVE DEFENSE
23 (Unavoidable Conditions)
24 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
25 thereon alleges, that the alleged injuries, damages or loss, if any, for which Plaintiff seeks recovery
26 were the direct and proximate result of unavoidable accidents and/or conditions without fault or
27 liability on part of Defendant.
28 ///
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790 E. Colorado Blvd., Suite 600,
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T: (626) 243-1100
F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT
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TWENTY-THIRD AFFIRMATIVE DEFENSE
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(Natural Causes)
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As a separate and distinct affirmative defense, Defendant is informed and believes, and based
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thereon alleges, that the alleged injuries, damages or loss, if any, for which Plaintiff seeks recovery
5
were the direct and proximate result of unforeseeable natural deterioration, wear and tear or other
6 natural causes without fault or liability on the part of Defendant.
7 TWENTY-FOURTH AFFIRMATIVE DEFENSE
8 (Subsequent Modification)
9 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
10 thereon alleges, that Plaintiff and/or third parties, whether named or unnamed in the instant action,
11 made changes, alterations, and/or modifications to the premises, and which conduct discharges
12 Defendant from any liability.
13 TWENTY-FIFTH AFFIRMATIVE DEFENSE
14 (Acquiescence)
15 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
16 thereon alleges, that Plaintiff acquiesced to any conduct engaged in by Defendant.
17 TWENTY-SIXTH AFFIRMATIVE DEFENSE
18 (Lack of Notice)
19 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
20 thereon alleges, that Plaintiff failed to timely notify Defendant of the alleged damage, if any, and thus
21 Plaintiff’s Complaint, and each purported cause of action contained therein, is barred.
22 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
23 (Lack of Standing)
24 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
25 thereon alleges, that Plaintiff lacks standing to seek the relief requested in the Complaint.
26 TWENTY-EIGHTH AFFIRMATIVE DEFENSE
27 (Absence of Necessary Parties)
28 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
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thereon alleges, that the purported claims and causes of action contained in the Complaint require,
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for complete adjudication, the joining of additional, necessary or indispensable parties, without whom
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the purported claims and causes of action cannot be fully, finally and completely resolved.
4
TWENTY-NINTH AFFIRMATIVE DEFENSE
5
(California Civil Code Section 1431.2)
6 As a separate and affirmative defense, Defendant alleges that its liability, if any, for non-
7 economic general damages is several only, and not joint, pursuant to California Civil Code
8 Section 1431.2.
9 THIRTIETH AFFIRMATIVE DEFENSE
10 (Failure to Mitigate)
11 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
12 thereon alleges, that the recovery of any damages should be barred or limited by Plaintiff’s failure to
13 minimize such damages, if any.
14 THIRTY-FIRST AFFIRMATIVE DEFENSE
15 (Offset/Contribution/Indemnity)
16 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
17 thereon alleges, that that recovery of any damages claimed by Plaintiff were proximately caused and
18 contributed to by Plaintiff, his independent negligence and carelessness, and the superseding
19 negligence of other tortious or wrongful conduct of other parties, persons, or entities. Defendant is
20 entitled to an offset and/or contribution from Plaintiff and/or other third parties, and/or total express
21 and implied indemnification from other third parties.
22 THIRTY-SECOND AFFIRMATIVE DEFENSE
23 (Unjust Enrichment)
24 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
25 thereon alleges that Plaintiff would be unjustly enriched if Plaintiff were to recover upon any of his
26 claims, and thus Plaintiff’s Complaint, and each purported cause of action contained therein, is
27 barred.
28 ///
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F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT
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THIRTY-THIRD AFFIRMATIVE DEFENSE
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(Consent)
3
As a separate and distinct affirmative defense, Defendant is informed and believes, and based
4
thereon alleges that Plaintiff is barred from any and all rights or claims which he may allegedly have
5
by virtue of his consent to the acts and/or events set forth in the Complaint.
6 THIRTY-FOURTH AFFIRMATIVE DEFENSE
7 (No Injury)
8 As a separate and distinct affirmative defense, Defendant alleges that Plaintiff has not suffered
9 any cognizable injury as a result of the matters alleged in the Complaint.
10 THIRTY-FIFTH AFFIRMATIVE DEFENSE
11 (Lack of Express or Implied Authority)
12 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
13 thereon alleges, that Defendant did not engage in any conduct at any time relevant to the claims asserted
14 in the Complaint that would or could have demonstrated the authority, either express or implied, of any
15 other firm, person, corporation or entity to have engaged in some conduct, which Plaintiff claims caused
16 his losses and/or damages, if any, to act as Defendant’s agent or employee.
17 THIRTY-SIXTH AFFIRMATIVE DEFENSE
18 (Arbitration/ADR)
19 As a separate and distinct affirmative defense, Defendant claims the benefit of any arbitration
20 or alternative dispute resolution clause set forth in any applicable contract.
21 THIRTY-SEVENTH AFFIRMATIVE DEFENSE
22 (Lack of Employment/Agency Relationship)
23 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
24 thereon denies, that any other firm, person, corporation or entity, which is alleged in Plaintiff’s
25 Complaint, to have engaged in some conduct which Plaintiff claims caused his losses and/or damages,
26 if any, was not acting as the agent or employee of Defendant at the time of such conduct.
27 ///
28 ///
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F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT
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THIRTY-EIGHTH AFFIRMATIVE DEFENSE
2
(Conduct Outside Scope of Employment/Agency)
3
As a separate and distinct affirmative defense, Defendant is informed and believes, and based
4
thereon alleges, that with respect to any other firm, person, corporation or entity which is alleged in
5
the Complaint to have engaged in some conduct which Plaintiff claims caused his losses and/or
6 damages, and which Plaintiff claims were acting in the capacity of Defendant’s agent or employee
7 and the time of such conduct, that any such conduct was beyond the scope of the agency or
8 employment, assuming any such relationship even existed.
9 THIRTY-NINTH AFFIRMATIVE DEFENSE
10 (Plaintiff’s Negligence)
11 Defendant is informed and believes, and thereon alleges, that any and all injuries, if any,
12 sustained or suffered by the Plaintiff were proximately and substantially caused and contributed to
13 by the negligence of Plaintiff, in that Plaintiff failed to exercise ordinary and reasonable care or
14 caution for her own well-being.
15 FORTIETH AFFIRMATIVE DEFENSE
16 (Open and Obvious)
17 Defendant is informed and believes, and thereon alleges, that the claimed dangerous
18 condition of property was so obvious that Plaintiff could reasonably be expected to have observed it
19 so that Defendant had no duty to warn Plaintiff of the alleged condition. Further, it was not
20 foreseeable that the alleged dangerous condition might cause injury to someone who because of
21 necessity encountered the condition.
22 FORTY-FIRST AFFIRMATIVE DEFENSE
23 (Proximate Cause)
24 Defendant is informed and believes, and thereon alleges, that the acts, omissions, and/or
25 services, if any, of Defendant were not the proximate cause of the losses, damages, and/or injuries, if
26 any, alleged in the Complaint.
27 ///
28 ///
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F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT
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FORTY-SECOND AFFIRMATIVE DEFENSE
2
(Not a Substantial Factor)
3
Any alleged conduct by Defendant was not a substantial factor in Plaintiff’s alleged injury.
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FORTY-THIRD AFFIRMATIVE DEFENSE
5
(Failure to Use Due Care)
6
That at or about the time and place as alleged in the Complaint, Plaintiff negligently and
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carelessly maintained, controlled and cared for her own person or property, negligently failed to
8 exercise the slightest degree of care, caution or prudence in maintaining her own person or property
9 and that these acts or omissions were a substantial factor in the cause of her own injuries. Any
10 recovery must be reduced by an amount equivalent to the percentage of Plaintiff’s negligence in
11 causing or contributing to the damages alleged in this lawsuit.
12 FORTY-FOURTH AFFIRMATIVE DEFENSE
13 (Lack of Privity)
14 As a separate and affirmative defense, Defendant is informed and believe, and
15 based thereon alleges, that Plaintiff’s lack of privity with Defendant bars the Complaint including,
16 but not limited to, any alleged negligence, indemnity, warrant, contract or attorneys’ fees claims by
17 Plaintiff.
18 FORTY-FIFTH AFFIRMATIVE DEFENSE
19 (Obvious or Known Conditions)
20 As a separate and distinct affirmative defense, Defendant is informed and believe,
21 and thereon allege, that if the subject material had a dangerous propensity that it was obvious to
22 Plaintiff and/or other third parties at the time such material was used and now serves as a bar to any
23 recovery.
24 FORTY-SIXTH AFFIRMATIVE DEFENSE
25 (Reservation of Defenses)
26 As a separate and distinct affirmative defense, Defendant is informed and believes, and based
27 thereon alleges that it presently has insufficient knowledge or information on which to form a belief as
28 to whether it may have additional, unstated affirmative defenses available. Defendant reserves herein
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the right to assert additional defenses in the event that discovery, whether formal and/or informal,
2
indicate that such additional defenses would be appropriate.
3
WHEREFORE, Defendant prays for judgment as follows:
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1. That Plaintiff take nothing by way of the operative Complaint;
5
2. That Defendant be awarded its costs of defense, including expert and attorneys’ fees and costs,
6 incurred herein; and
7 3. For any such other and further relief as the Court may deem just and proper.
8
9 DATED: June 26, 2023 COLLINS + COLLINS LLP
10
By: ________________________________
11 EDWARD J. RIFFLE
12 MICHAEL I. HOPKINS
Attorneys for Defendant
13 Cannon Constructors North, Inc. (erroneously
sued as Cannon Constructors, Inc.)
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1 PROOF OF SERVICE
(CCP §§ 1013(a) and 2015.5; FRCP 5)
State of California, )
2 ) ss.
County of Los Angeles. )
3
I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business
4 address is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101.
On this date, I served the foregoing document described as DEFENDANT CANNON CONSTRUCTORS NORTH,
5 INC’S ANSWER TO PLAINTIFF’S COMPLAINT on the interested parties in this action by placing same in a sealed envelope,
addressed as follows:
6
SEE ATTACHED SERVICE LIST
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☐ (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena,
California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of
8 collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on
that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on
9 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after
date of deposit for mailing in affidavit.
10
☐ (BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt
Requested to be placed in the United States Mail in Pasadena, California.
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12 ☐ FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents
with delivery fees provided for.
13 ☐ (BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated
recipients listed on the attached service list.
14
☒ (ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) – By prior consent or request or as required by rules of
court (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)).
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☐ (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
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Executed on June 26, 2023 at Pasadena, California.
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☒ (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
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☐ (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was
made.
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21 Areli Cazares
acazares@ccllp.law
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1 MARTIN OCHOA SUAREZ V. CANNON CONSTRUCTORS, INC., ET AL.
Contra Costa County Superior Court Case Number: C23-00191
CCLLP File Number: 24634
2
SERVICE LIST
3
Robert S. Arns, Esq.
4 Jonathan E. Davis, Esq.
Juan C. Flores, Esq.
Adriana G. Valdez, Esq.
5 THE ARNS LAW FIRM
515 Folsom Street, 3rd Floor
6 San Francisco, CA 94105
(415) 495-7800 - Fax: (415) 495-7888
7 rsa@amslaw.com
jed@amslaw.com
jcf@arnslaw.com
8 agv@arnslaw.com
zdh@arnslaw.com
9 mgb@arnslaw.com
dos@arnslaw.com
10 elm@arnslaw.com
gnf@arnslaw.com
service@arnslaw.com
11 ATTORNEYS FOR PLAINTIFF MARTIN OCHOA
SUAREZ
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Preview
Electronically Filed Superior Court of CA County of Contra Costa 6/26/2023 2:45 PM By: A. Stewart, Deputy 1 Edward J. Riffle, Esq. (State Bar No. 193983) Michael I. Hopkins, Esq. (State Bar No. 332769) 2 COLLINS + COLLINS LLP 790 E. Colorado Boulevard, Suite 600 3 Pasadena, CA 91101 4 (626) 243-1100 – FAX (626) 243-1111 Email: eriffle@ccllp.law 5 Email: mhopkins@ccllp.law 6 Attorneys for Defendant Cannon Constructors North, Inc. (erroneously sued as Cannon Constructors, Inc.) 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA —DISTRICT 10 11 MARTIN OCHOA SUAREZ, CASE NO. C23-00191 Assigned to Hon. Charles S. Treat in Dept. 12 12 Plaintiff, 13 DEFENDANT CANNON CONSTRUCTORS vs. NORTH, INC’S ANSWER TO PLAINTIFF’S 14 COMPLAINT CANNON CONSTRUCTORS, INC. and 15 DOES 1 to 100, inclusive Complaint Filed: 1/26/2023 Trial Date: None 16 Defendants. 17 18 19 COMES NOW Defendant CANNON CONSTRUCTORS NORTH, INC. (“Cannon” or 20 “Defendant”) and in answer to the complaint filed by Plaintiff MARTIN OCHOA SUAREZ 21 (“Plaintiff”) herein denies and alleges as follows: 22 Pursuant to the provisions of Code of Civil Procedure Section 431.30, Defendant herein 23 generally and specifically denies each and every allegation of the Complaint, and the whole thereof. 24 Defendant further specifically denies that Plaintiff has sustained any injury or damages whatsoever 25 as a direct or proximate result of any act, breach, or omission on the part of Defendant, its agents, or 26 employees, and further denies that Plaintiff is entitled to any relief sought by the Complaint nor any 27 other relief whatsoever from Defendant. 28 /// 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 1 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 AFFIRMATIVE DEFENSES 2 Without admitting or acknowledging that it bears the burden of proof as to any of them, 3 Defendant asserts the following affirmative and other defenses and reserve the right to amend its 4 Answer as additional information becomes available. 5 FIRST AFFIRMATIVE DEFENSE 6 (Failure to State a Cause of Action) 7 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 8 thereon alleges, that the Complaint fails to state facts sufficient to constitute causes of action upon 9 which relief can be granted. 10 SECOND AFFIRMATIVE DEFENSE 11 (Statute of Limitation) 12 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 13 thereon alleges, that the Complaint, and each cause of action therein, fails as a matter of law because 14 each cause of action is barred, either wholly or in part, by the statute of limitations set forth in the 15 Code of Civil Procedure including, but not limited to, sections 337, 337.1, 337.15, 338, 339, and 343. 16 THIRD AFFIRMATIVE DEFENSE 17 (Comparative Fault) 18 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 19 thereon alleges, that the injuries alleged in the Complaint, were caused in whole or in part by Plaintiff 20 and/or other third parties’ conduct and activities, including their own negligence and carelessness. 21 Therefore, any damages awarded to Plaintiff shall be diminished in proportion to the amount of fault 22 attributed to his own negligence and carelessness. 23 FOURTH AFFIRMATIVE DEFENSE 24 (Act of God) 25 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 26 thereon alleges, that the damage of which Plaintiff complains, if any, was caused by acts of God for 27 which Defendant has no control or responsibility. 28 /// 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 2 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 FIFTH AFFIRMATIVE DEFENSE 2 (Intervening and Superseding Causes) 3 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 4 thereon alleges, that if Plaintiff was injured or suffered any loss, which Defendant denies, that any 5 such injury and/or loss was proximately caused by the intervening and superseding action(s) on the 6 part of Plaintiff or third parties other than Defendant, and that by virtue of the intervening and 7 superseding fault, any recovery against Defendant must be reduced in percentage to the amount of 8 said fault. 9 SIXTH AFFIRMATIVE DEFENSE 10 (Failure to Exercise Reasonable Care) 11 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 12 thereon alleges, that Plaintiff and/or other third parties failed to exercise reasonable care and diligence 13 to avoid loss and to minimize the losses and damages, if any, which Plaintiff alleges. Plaintiff failed 14 to exercise reasonable efforts or to reasonably make expenditures, which could have prevented the 15 losses Plaintiff has allegedly suffered. 16 SEVENTH AFFIRMATIVE DEFENSE 17 (Estoppel) 18 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 19 thereon alleges, that Plaintiff, by his own conduct, is equitably estopped from asserting any right to 20 recover against Defendant. 21 EIGHTH AFFIRMATIVE DEFENSE 22 (Waiver) 23 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 24 thereon alleges, that Plaintiff engaged in conduct and activities sufficient to constitute a waiver of 25 any alleged negligence or any other conduct, if any, as set forth in the Complaint. 26 NINTH AFFIRMATIVE DEFENSE 27 (Laches) 28 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 3 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 thereon alleges, that each and every one of Plaintiff’s causes of action are barred by the equitable 2 doctrine of laches. 3 TENTH AFFIRMATIVE DEFENSE 4 (Standard of Care) 5 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 6 thereon alleges, that the conduct by or on behalf of Defendant, if any, which is the subject of the instant 7 action, met the applicable standard of care. 8 ELEVENTH AFFIRMATIVE DEFENSE 9 (Lack of Duty) 10 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 11 thereon alleges, that Defendant did not owe a duty of care to Plaintiff, if any. 12 TWELFTH AFFIRMATIVE DEFENSE 13 (No Breach of Duty) 14 As a separate and distinct affirmative defense, Defendant is informed and believes, and without 15 admitting that a duty of care was owed, based thereon alleges, that Defendant did not breach a duty of 16 care owed to Plaintiff, if any. 17 THIRTEENTH AFFIRMATIVE DEFENSE 18 (Lack of Causation) 19 As a separate and distinct affirmative defense, Defendant is informed and believes, and based thereon 20 alleges, that Plaintiff’s injuries and damages, if any, were not caused by the acts or omissions of 21 Defendant, whether directly or indirectly, and that at all times mentioned in the Operative Complaint, 22 any damage or loss, if any, allegedly suffered by Plaintiff herein was directly and proximately caused 23 and/or contributed to by the negligence or fault of persons separate and apart from Defendant, whether 24 they be named or unnamed in the action. 25 FOURTEENTH AFFIRMATIVE DEFENSE 26 (Custom and Standard Work) 27 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 28 thereon alleges, that at all times relevant to the Complaint, Plaintiff performed his work in a manner 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 4 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 within the custom and standards of the relevant industry. 2 FIFTEENTH AFFIRMATIVE DEFENSE 3 (Active Negligence) 4 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 5 thereon alleges, that the Complaint and each and every cause of action therein, is barred by the active 6 negligence of Plaintiff and/or third parties as compared to the passive actions, if any at all, of Defendant. 7 SIXTEENTH AFFIRMATIVE DEFENSE 8 (Third Party Negligence) 9 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 10 thereon alleges, that the injuries and damages, if any, sustained by Plaintiff, and at the time(s) and/or 11 place(s) alleged in Plaintiff’s Complaint, were a direct and proximate result of the acts, omissions, or 12 negligence of third parties without the knowledge or control of Defendant, and therefore were sustained, 13 if at all, without any negligence, whether active or passive, on the part of Defendant. 14 SEVENTEENTH AFFIRMATIVE DEFENSE 15 (Apportionment) 16 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 17 thereon alleges, that at all times mentioned in Complaint, any damage or loss, if any, allegedly suffered 18 by Plaintiff herein was directly and proximately caused, and contributed to, by the negligence or fault of 19 persons separate and apart from Defendant, whether they be named or unnamed in the instant action. 20 In the event a finding is made that negligence exists on the part of Defendant, which proximately 21 contributed to Plaintiff’s injuries and/or damages, if any, the amount of recovery from Defendant, if any, 22 shall be reduced on the basis of the comparative negligence of such other persons, named or unnamed, 23 which Defendant alleges directly and proximately caused Plaintiff’s alleged injuries. Defendant will 24 seek from the Court appropriate instructions to the trier of fact apportioning the negligence or fault, if 25 any, attributable to any such other persons, whether named or unnamed, for any injury, damage or loss, 26 if any, suffered by Plaintiff herein. 27 /// 28 /// 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 5 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 EIGHTEENTH AFFIRMATIVE DEFENSE 2 (Conduct Was Justified) 3 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 4 thereon alleges, that Defendant’s conduct regarding the matters alleged in the Complaint was justified, 5 and as such, Plaintiff is barred from any recovery against Defendant. 6 NINETEENTH AFFIRMATIVE DEFENSE 7 (Assumption of Risk) 8 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 9 thereon alleges, that Plaintiff expressly, knowingly, and voluntarily assumed all risks, if any, which he 10 complains of in the operative Complaint, and is therefore barred either totally or to the extent of said 11 assumption from recovery of any damages. 12 TWENTIETH AFFIRMATIVE DEFENSE 13 (No Liability) 14 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 15 thereon alleges, that the answering Defendant is not personally liable for the obligations of other named 16 or unnamed Defendants. 17 TWENTY-FIRST AFFIRMATIVE DEFENSE 18 (Economic Loss Doctrine) 19 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 20 thereon alleges, that Plaintiff is precluded from recovering in tort for economic losses, which have 21 not yet caused personal injury or physical damage. 22 TWENTY-SECOND AFFIRMATIVE DEFENSE 23 (Unavoidable Conditions) 24 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 25 thereon alleges, that the alleged injuries, damages or loss, if any, for which Plaintiff seeks recovery 26 were the direct and proximate result of unavoidable accidents and/or conditions without fault or 27 liability on part of Defendant. 28 /// 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 6 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 TWENTY-THIRD AFFIRMATIVE DEFENSE 2 (Natural Causes) 3 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 4 thereon alleges, that the alleged injuries, damages or loss, if any, for which Plaintiff seeks recovery 5 were the direct and proximate result of unforeseeable natural deterioration, wear and tear or other 6 natural causes without fault or liability on the part of Defendant. 7 TWENTY-FOURTH AFFIRMATIVE DEFENSE 8 (Subsequent Modification) 9 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 10 thereon alleges, that Plaintiff and/or third parties, whether named or unnamed in the instant action, 11 made changes, alterations, and/or modifications to the premises, and which conduct discharges 12 Defendant from any liability. 13 TWENTY-FIFTH AFFIRMATIVE DEFENSE 14 (Acquiescence) 15 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 16 thereon alleges, that Plaintiff acquiesced to any conduct engaged in by Defendant. 17 TWENTY-SIXTH AFFIRMATIVE DEFENSE 18 (Lack of Notice) 19 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 20 thereon alleges, that Plaintiff failed to timely notify Defendant of the alleged damage, if any, and thus 21 Plaintiff’s Complaint, and each purported cause of action contained therein, is barred. 22 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 23 (Lack of Standing) 24 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 25 thereon alleges, that Plaintiff lacks standing to seek the relief requested in the Complaint. 26 TWENTY-EIGHTH AFFIRMATIVE DEFENSE 27 (Absence of Necessary Parties) 28 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 7 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 thereon alleges, that the purported claims and causes of action contained in the Complaint require, 2 for complete adjudication, the joining of additional, necessary or indispensable parties, without whom 3 the purported claims and causes of action cannot be fully, finally and completely resolved. 4 TWENTY-NINTH AFFIRMATIVE DEFENSE 5 (California Civil Code Section 1431.2) 6 As a separate and affirmative defense, Defendant alleges that its liability, if any, for non- 7 economic general damages is several only, and not joint, pursuant to California Civil Code 8 Section 1431.2. 9 THIRTIETH AFFIRMATIVE DEFENSE 10 (Failure to Mitigate) 11 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 12 thereon alleges, that the recovery of any damages should be barred or limited by Plaintiff’s failure to 13 minimize such damages, if any. 14 THIRTY-FIRST AFFIRMATIVE DEFENSE 15 (Offset/Contribution/Indemnity) 16 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 17 thereon alleges, that that recovery of any damages claimed by Plaintiff were proximately caused and 18 contributed to by Plaintiff, his independent negligence and carelessness, and the superseding 19 negligence of other tortious or wrongful conduct of other parties, persons, or entities. Defendant is 20 entitled to an offset and/or contribution from Plaintiff and/or other third parties, and/or total express 21 and implied indemnification from other third parties. 22 THIRTY-SECOND AFFIRMATIVE DEFENSE 23 (Unjust Enrichment) 24 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 25 thereon alleges that Plaintiff would be unjustly enriched if Plaintiff were to recover upon any of his 26 claims, and thus Plaintiff’s Complaint, and each purported cause of action contained therein, is 27 barred. 28 /// 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 8 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 THIRTY-THIRD AFFIRMATIVE DEFENSE 2 (Consent) 3 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 4 thereon alleges that Plaintiff is barred from any and all rights or claims which he may allegedly have 5 by virtue of his consent to the acts and/or events set forth in the Complaint. 6 THIRTY-FOURTH AFFIRMATIVE DEFENSE 7 (No Injury) 8 As a separate and distinct affirmative defense, Defendant alleges that Plaintiff has not suffered 9 any cognizable injury as a result of the matters alleged in the Complaint. 10 THIRTY-FIFTH AFFIRMATIVE DEFENSE 11 (Lack of Express or Implied Authority) 12 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 13 thereon alleges, that Defendant did not engage in any conduct at any time relevant to the claims asserted 14 in the Complaint that would or could have demonstrated the authority, either express or implied, of any 15 other firm, person, corporation or entity to have engaged in some conduct, which Plaintiff claims caused 16 his losses and/or damages, if any, to act as Defendant’s agent or employee. 17 THIRTY-SIXTH AFFIRMATIVE DEFENSE 18 (Arbitration/ADR) 19 As a separate and distinct affirmative defense, Defendant claims the benefit of any arbitration 20 or alternative dispute resolution clause set forth in any applicable contract. 21 THIRTY-SEVENTH AFFIRMATIVE DEFENSE 22 (Lack of Employment/Agency Relationship) 23 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 24 thereon denies, that any other firm, person, corporation or entity, which is alleged in Plaintiff’s 25 Complaint, to have engaged in some conduct which Plaintiff claims caused his losses and/or damages, 26 if any, was not acting as the agent or employee of Defendant at the time of such conduct. 27 /// 28 /// 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 9 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 THIRTY-EIGHTH AFFIRMATIVE DEFENSE 2 (Conduct Outside Scope of Employment/Agency) 3 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 4 thereon alleges, that with respect to any other firm, person, corporation or entity which is alleged in 5 the Complaint to have engaged in some conduct which Plaintiff claims caused his losses and/or 6 damages, and which Plaintiff claims were acting in the capacity of Defendant’s agent or employee 7 and the time of such conduct, that any such conduct was beyond the scope of the agency or 8 employment, assuming any such relationship even existed. 9 THIRTY-NINTH AFFIRMATIVE DEFENSE 10 (Plaintiff’s Negligence) 11 Defendant is informed and believes, and thereon alleges, that any and all injuries, if any, 12 sustained or suffered by the Plaintiff were proximately and substantially caused and contributed to 13 by the negligence of Plaintiff, in that Plaintiff failed to exercise ordinary and reasonable care or 14 caution for her own well-being. 15 FORTIETH AFFIRMATIVE DEFENSE 16 (Open and Obvious) 17 Defendant is informed and believes, and thereon alleges, that the claimed dangerous 18 condition of property was so obvious that Plaintiff could reasonably be expected to have observed it 19 so that Defendant had no duty to warn Plaintiff of the alleged condition. Further, it was not 20 foreseeable that the alleged dangerous condition might cause injury to someone who because of 21 necessity encountered the condition. 22 FORTY-FIRST AFFIRMATIVE DEFENSE 23 (Proximate Cause) 24 Defendant is informed and believes, and thereon alleges, that the acts, omissions, and/or 25 services, if any, of Defendant were not the proximate cause of the losses, damages, and/or injuries, if 26 any, alleged in the Complaint. 27 /// 28 /// 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 10 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 FORTY-SECOND AFFIRMATIVE DEFENSE 2 (Not a Substantial Factor) 3 Any alleged conduct by Defendant was not a substantial factor in Plaintiff’s alleged injury. 4 FORTY-THIRD AFFIRMATIVE DEFENSE 5 (Failure to Use Due Care) 6 That at or about the time and place as alleged in the Complaint, Plaintiff negligently and 7 carelessly maintained, controlled and cared for her own person or property, negligently failed to 8 exercise the slightest degree of care, caution or prudence in maintaining her own person or property 9 and that these acts or omissions were a substantial factor in the cause of her own injuries. Any 10 recovery must be reduced by an amount equivalent to the percentage of Plaintiff’s negligence in 11 causing or contributing to the damages alleged in this lawsuit. 12 FORTY-FOURTH AFFIRMATIVE DEFENSE 13 (Lack of Privity) 14 As a separate and affirmative defense, Defendant is informed and believe, and 15 based thereon alleges, that Plaintiff’s lack of privity with Defendant bars the Complaint including, 16 but not limited to, any alleged negligence, indemnity, warrant, contract or attorneys’ fees claims by 17 Plaintiff. 18 FORTY-FIFTH AFFIRMATIVE DEFENSE 19 (Obvious or Known Conditions) 20 As a separate and distinct affirmative defense, Defendant is informed and believe, 21 and thereon allege, that if the subject material had a dangerous propensity that it was obvious to 22 Plaintiff and/or other third parties at the time such material was used and now serves as a bar to any 23 recovery. 24 FORTY-SIXTH AFFIRMATIVE DEFENSE 25 (Reservation of Defenses) 26 As a separate and distinct affirmative defense, Defendant is informed and believes, and based 27 thereon alleges that it presently has insufficient knowledge or information on which to form a belief as 28 to whether it may have additional, unstated affirmative defenses available. Defendant reserves herein 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 11 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 the right to assert additional defenses in the event that discovery, whether formal and/or informal, 2 indicate that such additional defenses would be appropriate. 3 WHEREFORE, Defendant prays for judgment as follows: 4 1. That Plaintiff take nothing by way of the operative Complaint; 5 2. That Defendant be awarded its costs of defense, including expert and attorneys’ fees and costs, 6 incurred herein; and 7 3. For any such other and further relief as the Court may deem just and proper. 8 9 DATED: June 26, 2023 COLLINS + COLLINS LLP 10 By: ________________________________ 11 EDWARD J. RIFFLE 12 MICHAEL I. HOPKINS Attorneys for Defendant 13 Cannon Constructors North, Inc. (erroneously sued as Cannon Constructors, Inc.) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 12 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) 2 ) ss. County of Los Angeles. ) 3 I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business 4 address is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101. On this date, I served the foregoing document described as DEFENDANT CANNON CONSTRUCTORS NORTH, 5 INC’S ANSWER TO PLAINTIFF’S COMPLAINT on the interested parties in this action by placing same in a sealed envelope, addressed as follows: 6 SEE ATTACHED SERVICE LIST 7 ☐ (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of 8 collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on 9 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 10 ☐ (BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Pasadena, California. 11 12 ☐ FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. 13 ☐ (BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated recipients listed on the attached service list. 14 ☒ (ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) – By prior consent or request or as required by rules of court (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)). 15 ☐ (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). 16 Executed on June 26, 2023 at Pasadena, California. 17 ☒ (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 18 ☐ (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 19 20 ------------------------------------------------------------------------------------- 21 Areli Cazares acazares@ccllp.law 22 23 24 25 26 27 28 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 13 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT 1 MARTIN OCHOA SUAREZ V. CANNON CONSTRUCTORS, INC., ET AL. Contra Costa County Superior Court Case Number: C23-00191 CCLLP File Number: 24634 2 SERVICE LIST 3 Robert S. Arns, Esq. 4 Jonathan E. Davis, Esq. Juan C. Flores, Esq. Adriana G. Valdez, Esq. 5 THE ARNS LAW FIRM 515 Folsom Street, 3rd Floor 6 San Francisco, CA 94105 (415) 495-7800 - Fax: (415) 495-7888 7 rsa@amslaw.com jed@amslaw.com jcf@arnslaw.com 8 agv@arnslaw.com zdh@arnslaw.com 9 mgb@arnslaw.com dos@arnslaw.com 10 elm@arnslaw.com gnf@arnslaw.com service@arnslaw.com 11 ATTORNEYS FOR PLAINTIFF MARTIN OCHOA SUAREZ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24634 790 E. Colorado Blvd., Suite 600, Pasadena, CA 91101 14 T: (626) 243-1100 F: (626) 243-1111 DEFENDANT CANNON CONSTRUCTORS NORTH, INC.’S ANSWER TO COMPLAINT