Preview
Electronically Filed Superior Court of CA County of Contra Costa 3/30/2023 11:20 AM By: A. Stewart, Deputy
1 Jason Levin (State Bar No. 161807)
ALSTON & BIRD LLP
2 333 South Hope Street, Suite 1600
Los Angeles, California 90071
3 Telephone: (213) 576-2518
Facsimile: (213) 576-1100
4 Email: jason.levin@alston.com
5 Steven N. Geise (State Bar No. 249969)
JONES DAY
6 4655 Executive Drive, Suite 1500
San Diego, CA 92121.3134
7 Telephone: (858) 314-1200
Facsimile: (844) 345-3178
8 Email: sngeise@jonesday.com
9 Celeste M. Brecht (State Bar No. 238604)
JONES DAY
10 555 South Flower Street, Fiftieth Floor
Los Angeles, CA 90071
11 Telephone: (213) 243-2116
Facsimile: (213) 243-2539
12 Email: cbrecht@jonesday.com
13 Attorneys for Defendant
CHEVRON U.S.A. INC.
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15 SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 COUNTY OF CONTRA COSTA
17 MICHAEL STRAND and MADONNA Case No.: C23-00251
STRAND,
18 [Assigned for all purposes to the Honorable
Plaintiffs, Charles S. Treat, Dept. 12]
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v. DEFENDANT CHEVRON U.S.A. INC.’S
20 ANSWER TO PLAINTIFFS’
SYNGENTA AG; SYNGENTA CROP COMPLAINT FOR DAMAGES AND
21 PROTECTION, LLC; CHEVRON U.S.A. INC.; DEMAND FOR JURY TRIAL
and DOES 1 through 60 inclusive,
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Defendants. Complaint Filed: January 31, 2023
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
1 Defendant CHEVRON U.S.A. INC., on its own behalf (“Defendant”), for itself and for no
2 other defendant, and in answer to Plaintiffs’ Complaint (“Complaint”), answers, denies, and alleges
3 as follows:
4 GENERAL DENIAL
5 Defendant generally denies each and every allegation of the Complaint. Without limiting the
6 foregoing, Defendant further denies that it is liable to Plaintiffs in any particular alleged in the
7 Complaint, or in any other particular, or at all, and further denies that Plaintiffs have been damaged
8 in the particulars alleged in the Complaint, or in any other particular, or at all. Defendant alleges the
9 following affirmative defenses on information and belief:
10 FIRST AFFIRMATIVE DEFENSE
11 1. Each purported cause of action in the Complaint is barred by an applicable statute of
12 limitation including, but not limited to, California Code of Civil Procedure sections 335.1, 338 (a),
13 (b) and (d), 339, 340.8, 366.1, and 343.
14 SECOND AFFIRMATIVE DEFENSE
15 2. Plaintiff Michael Strand’s lack of reasonable care for his safety and well-being was
16 the sole cause of, or contributed to, the injuries and damages as alleged in the Complaint. By reason
17 thereof, Plaintiffs are barred from recovering all or that portion of any damages attributable to
18 Plaintiff Michael Strand’s fault and/or lack of reasonable care.
19 THIRD AFFIRMATIVE DEFENSE
20 3. Plaintiffs’ damages, if any, were legally caused or contributed to by Plaintiff Michael
21 Strand’s unforeseeable idiosyncratic conditions, unusual susceptibility or hypersensitive reactions for
22 which Defendant is not liable.
23 FOURTH AFFIRMATIVE DEFENSE
24 4. Defendant hereby invokes the provisions of California Code of Civil Procedure
25 section 1431.2(a) (Proposition 51) and seeks to allocate its respective liability, if any, for Plaintiffs’
26 damages, if any, among those other persons or entities whose acts or omissions legally caused or
27 contributed to Plaintiffs’ damages, if any.
28 ///
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
1 FIFTH AFFIRMATIVE DEFENSE
2 5. Each purported cause of action in the Complaint is barred by the equitable doctrines
3 of laches, waiver, estoppel, comparative negligence, and unclean hands.
4 SIXTH AFFIRMATIVE DEFENSE
5 6. Plaintiffs have unreasonably failed to mitigate Plaintiffs’ damages, if any.
6 SEVENTH AFFIRMATIVE DEFENSE
7 7. Plaintiff Michael Strand’s employers’ lack of reasonable care or other wrongful
8 conduct was the sole cause of, or contributed to, Plaintiffs’ injuries and damages, if any. Plaintiffs’
9 recovery, if any, from Defendant must be appropriately reduced by the amount of any workers’
10 compensation benefits paid by or on behalf of such employers.
11 EIGHTH AFFIRMATIVE DEFENSE
12 8. If Defendant supplied any products as alleged in the Complaint or otherwise, Plaintiff
13 Michael Strand misused one or more of such products without the knowledge or consent of, and in a
14 manner not reasonably foreseeable to Defendant at a time prior to its receipt of notice of the
15 circumstances described in the Complaint. Such misuse was the sole cause of, or contributed to,
16 Plaintiffs’ injuries and damages, if any. By reason thereof, Plaintiffs are barred from recovering all
17 or that portion of any damages attributable to Plaintiff Michael Strand’s misuse of such products.
18 NINTH AFFIRMATIVE DEFENSE
19 9. If Defendant supplied any products as alleged in the Complaint or otherwise,
20 Defendant provided such products to distributors or other intermediaries, including Plaintiff Michael
21 Strand’s employer(s), who were knowledgeable, informed, and sophisticated concerning the use of
22 the products and the alleged risks to the health of users of such products, and reasonably relied on
23 said intermediaries to convey appropriate warnings to downstream users.
24 TENTH AFFIRMATIVE DEFENSE
25 10. If Defendant supplied any products as alleged in the Complaint, and without assuming
26 the burden of proof on this point, Defendant provided such products with labels, instructions, and
27 warnings as were adequate to warn against such hazards and dangers, if any, associated with the
28 products as were known by the scientific community at the time such products left Defendant’s
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
1 custody.
2 ELEVENTH AFFIRMATIVE DEFENSE
3 11. Plaintiffs failed within a reasonable time after Plaintiffs discovered or should have
4 discovered any breach of warranty to so notify Defendant.
5 TWELFTH AFFIRMATIVE DEFENSE
6 12. If Defendant supplied any products as alleged in the Complaint, and without assuming
7 the burden of proof on this point, the benefits of the design of such products outweighed any risks of
8 the design at the time such products left Defendant’s custody.
9 THIRTEENTH AFFIRMATIVE DEFENSE
10 13. Plaintiffs’ claims against Defendant are barred under the sophisticated user doctrine,
11 because at the time of the injury, Plaintiff Michael Strand based on his particular position, training,
12 experience, knowledge, or skill, knew or should have known of the products’ risks, harms, or dangers,
13 if any. (Johnson v. American Standard (2008) 43 Cal.4th 56.)
14 FOURTEENTH AFFIRMATIVE DEFENSE
15 14. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) has specifically
16 promulgated federal regulations pertaining to the use of this product, and those regulations operate to
17 pre-empt Plaintiffs’ state law product liability claims.
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19 THEREFORE, Defendant prays for judgment as follows:
20 1. That Plaintiffs take nothing by reason of their Complaint;
21 2. That the Court enter judgment in favor of Defendant;
22 3. That responsibility, if any, for Plaintiffs’ injuries and damages, if any, be allocated
23 among those Defendants, persons, firms, corporations, and public and private entities other than
24 Defendant whose acts or omissions legally caused or contributed to Plaintiffs’ injuries and damages,
25 if any;
26 4. That Defendant have judgment in its favor for costs incurred herein; and
27 5. For such further relief as the Court may deem appropriate.
28 ///
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
1 Dated: March 30, 2023 JASON LEVIN
ALSTON & BIRD LLP
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By:
4 Jason Levin
5 CHEVRON U.S.A. INC.
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
1 NOTICE OF REQUEST FOR JURY TRIAL
2 Pursuant to California Code of Civil Procedure section 631, Defendant CHEVRON U.S.A.
3 INC. hereby gives Notice of Its Request for Trial by Jury.
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Dated: March 30, 2023 JASON LEVIN
5 ALSTON & BIRD LLP
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7 By:
Jason Levin
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CHEVRON U.S.A. INC.
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
1 PROOF OF SERVICE
2 I am a citizen of the United States and resident of the State of California. I am employed in
Los Angeles, State of California, in the office of a member of the bar of this Court, at whose direction
3 the service was made. I am over the age of eighteen years and not a party to the within action.
4 On March 30, 2023, I served the document(s) described as DEFENDANT CHEVRON
U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND
5 FOR JURY TRIAL on the interested parties in this action by enclosing the document(s) in a sealed
envelope to the parties listed on the attached page as follows:
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U.S. MAIL: I am personally and readily familiar with the business practice of Alston &
7 ☒ Bird LLP for collection and processing of correspondence for mailing with the United
States Parcel Service, and I caused such envelope(s) with postage thereon fully prepaid
8 to be placed in the United States Postal Service at Los Angeles, California.
9 UPS NEXT DAY AIR: I deposited such envelope in a facility regularly maintained by
☐ UPS with delivery fees fully provided for or delivered the envelope to a courier or driver
10 of UPS authorized to receive such documents at Alston & Bird LLP, 333 South Hope
Street, 16th Floor, Los Angeles, CA 90071.
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ELECTRONIC TRANSMISSION WITH ATTACHMENT: By electronically
12 ☐ mailing a true and correct copy through Alston & Bird LLP’s electronic mail system from
dana.camacho@alston.com to the email addresses set forth on the attached service list.
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14 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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16 Executed on March 30, 2023, at Los Angeles, California.
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19 Dana Camacho
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
1 SERVICE LIST
2 Michael Strand and Madonna Strand v. Syngenta et al.
Contra Costa Superior Court; Case No. C23-00251
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Curtis G. Hoke Attorney for Plaintiffs
4 THE MILLER FIRM MICHAEL STRAND and
108 Railroad Avenue MADONNA STRAND
5 Orange, Virginia 22960
Tel: (540) 672-4224
6 Fax: (540) 672-3055
Email: choke@millerfirmllc.com
7 Steven N. Geise Attorney for Defendant
JONES DAY CHEVRON U.S.A. INC.
8 4655 Executive Drive, Suite 1500
San Diego, CA 92121.3134
9 Tel: (858) 314-1200
Fax: (858) 345-3178
10 Email: sngeise@jonesday.com
11 Celest M. Brecht Attorney for Defendant
JONES DAY CHEVRON U.S.A. INC.
12 555 S. Flower Street, Fiftieth Floor
Los Angeles, CA 90071
13 Tel: (213) 243-2116
Fax: (213) 243-2539
14 Email: cbrecht@jonesday.com
15 Don Willenburg Attorney for Defendants
GORDON REES SCULLY MANSUKHANI, LLP SYNGENTA AG AND
16 1111 Broadway, Suite 1700 SYNGENTA CROP
Oakland, CA 94607 PROTECTION
17 Tel: (510) 463-8600
Email: dwillenburg@grsm.com
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DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
LEGAL02/42212495v1
Preview
Electronically Filed Superior Court of CA County of Contra Costa 3/30/2023 11:20 AM By: A. Stewart, Deputy 1 Jason Levin (State Bar No. 161807) ALSTON & BIRD LLP 2 333 South Hope Street, Suite 1600 Los Angeles, California 90071 3 Telephone: (213) 576-2518 Facsimile: (213) 576-1100 4 Email: jason.levin@alston.com 5 Steven N. Geise (State Bar No. 249969) JONES DAY 6 4655 Executive Drive, Suite 1500 San Diego, CA 92121.3134 7 Telephone: (858) 314-1200 Facsimile: (844) 345-3178 8 Email: sngeise@jonesday.com 9 Celeste M. Brecht (State Bar No. 238604) JONES DAY 10 555 South Flower Street, Fiftieth Floor Los Angeles, CA 90071 11 Telephone: (213) 243-2116 Facsimile: (213) 243-2539 12 Email: cbrecht@jonesday.com 13 Attorneys for Defendant CHEVRON U.S.A. INC. 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 COUNTY OF CONTRA COSTA 17 MICHAEL STRAND and MADONNA Case No.: C23-00251 STRAND, 18 [Assigned for all purposes to the Honorable Plaintiffs, Charles S. Treat, Dept. 12] 19 v. DEFENDANT CHEVRON U.S.A. INC.’S 20 ANSWER TO PLAINTIFFS’ SYNGENTA AG; SYNGENTA CROP COMPLAINT FOR DAMAGES AND 21 PROTECTION, LLC; CHEVRON U.S.A. INC.; DEMAND FOR JURY TRIAL and DOES 1 through 60 inclusive, 22 Defendants. Complaint Filed: January 31, 2023 23 24 25 26 27 28 -1- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 Defendant CHEVRON U.S.A. INC., on its own behalf (“Defendant”), for itself and for no 2 other defendant, and in answer to Plaintiffs’ Complaint (“Complaint”), answers, denies, and alleges 3 as follows: 4 GENERAL DENIAL 5 Defendant generally denies each and every allegation of the Complaint. Without limiting the 6 foregoing, Defendant further denies that it is liable to Plaintiffs in any particular alleged in the 7 Complaint, or in any other particular, or at all, and further denies that Plaintiffs have been damaged 8 in the particulars alleged in the Complaint, or in any other particular, or at all. Defendant alleges the 9 following affirmative defenses on information and belief: 10 FIRST AFFIRMATIVE DEFENSE 11 1. Each purported cause of action in the Complaint is barred by an applicable statute of 12 limitation including, but not limited to, California Code of Civil Procedure sections 335.1, 338 (a), 13 (b) and (d), 339, 340.8, 366.1, and 343. 14 SECOND AFFIRMATIVE DEFENSE 15 2. Plaintiff Michael Strand’s lack of reasonable care for his safety and well-being was 16 the sole cause of, or contributed to, the injuries and damages as alleged in the Complaint. By reason 17 thereof, Plaintiffs are barred from recovering all or that portion of any damages attributable to 18 Plaintiff Michael Strand’s fault and/or lack of reasonable care. 19 THIRD AFFIRMATIVE DEFENSE 20 3. Plaintiffs’ damages, if any, were legally caused or contributed to by Plaintiff Michael 21 Strand’s unforeseeable idiosyncratic conditions, unusual susceptibility or hypersensitive reactions for 22 which Defendant is not liable. 23 FOURTH AFFIRMATIVE DEFENSE 24 4. Defendant hereby invokes the provisions of California Code of Civil Procedure 25 section 1431.2(a) (Proposition 51) and seeks to allocate its respective liability, if any, for Plaintiffs’ 26 damages, if any, among those other persons or entities whose acts or omissions legally caused or 27 contributed to Plaintiffs’ damages, if any. 28 /// -2- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 FIFTH AFFIRMATIVE DEFENSE 2 5. Each purported cause of action in the Complaint is barred by the equitable doctrines 3 of laches, waiver, estoppel, comparative negligence, and unclean hands. 4 SIXTH AFFIRMATIVE DEFENSE 5 6. Plaintiffs have unreasonably failed to mitigate Plaintiffs’ damages, if any. 6 SEVENTH AFFIRMATIVE DEFENSE 7 7. Plaintiff Michael Strand’s employers’ lack of reasonable care or other wrongful 8 conduct was the sole cause of, or contributed to, Plaintiffs’ injuries and damages, if any. Plaintiffs’ 9 recovery, if any, from Defendant must be appropriately reduced by the amount of any workers’ 10 compensation benefits paid by or on behalf of such employers. 11 EIGHTH AFFIRMATIVE DEFENSE 12 8. If Defendant supplied any products as alleged in the Complaint or otherwise, Plaintiff 13 Michael Strand misused one or more of such products without the knowledge or consent of, and in a 14 manner not reasonably foreseeable to Defendant at a time prior to its receipt of notice of the 15 circumstances described in the Complaint. Such misuse was the sole cause of, or contributed to, 16 Plaintiffs’ injuries and damages, if any. By reason thereof, Plaintiffs are barred from recovering all 17 or that portion of any damages attributable to Plaintiff Michael Strand’s misuse of such products. 18 NINTH AFFIRMATIVE DEFENSE 19 9. If Defendant supplied any products as alleged in the Complaint or otherwise, 20 Defendant provided such products to distributors or other intermediaries, including Plaintiff Michael 21 Strand’s employer(s), who were knowledgeable, informed, and sophisticated concerning the use of 22 the products and the alleged risks to the health of users of such products, and reasonably relied on 23 said intermediaries to convey appropriate warnings to downstream users. 24 TENTH AFFIRMATIVE DEFENSE 25 10. If Defendant supplied any products as alleged in the Complaint, and without assuming 26 the burden of proof on this point, Defendant provided such products with labels, instructions, and 27 warnings as were adequate to warn against such hazards and dangers, if any, associated with the 28 products as were known by the scientific community at the time such products left Defendant’s -3- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 custody. 2 ELEVENTH AFFIRMATIVE DEFENSE 3 11. Plaintiffs failed within a reasonable time after Plaintiffs discovered or should have 4 discovered any breach of warranty to so notify Defendant. 5 TWELFTH AFFIRMATIVE DEFENSE 6 12. If Defendant supplied any products as alleged in the Complaint, and without assuming 7 the burden of proof on this point, the benefits of the design of such products outweighed any risks of 8 the design at the time such products left Defendant’s custody. 9 THIRTEENTH AFFIRMATIVE DEFENSE 10 13. Plaintiffs’ claims against Defendant are barred under the sophisticated user doctrine, 11 because at the time of the injury, Plaintiff Michael Strand based on his particular position, training, 12 experience, knowledge, or skill, knew or should have known of the products’ risks, harms, or dangers, 13 if any. (Johnson v. American Standard (2008) 43 Cal.4th 56.) 14 FOURTEENTH AFFIRMATIVE DEFENSE 15 14. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) has specifically 16 promulgated federal regulations pertaining to the use of this product, and those regulations operate to 17 pre-empt Plaintiffs’ state law product liability claims. 18 19 THEREFORE, Defendant prays for judgment as follows: 20 1. That Plaintiffs take nothing by reason of their Complaint; 21 2. That the Court enter judgment in favor of Defendant; 22 3. That responsibility, if any, for Plaintiffs’ injuries and damages, if any, be allocated 23 among those Defendants, persons, firms, corporations, and public and private entities other than 24 Defendant whose acts or omissions legally caused or contributed to Plaintiffs’ injuries and damages, 25 if any; 26 4. That Defendant have judgment in its favor for costs incurred herein; and 27 5. For such further relief as the Court may deem appropriate. 28 /// -4- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 Dated: March 30, 2023 JASON LEVIN ALSTON & BIRD LLP 2 3 By: 4 Jason Levin 5 CHEVRON U.S.A. INC. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 NOTICE OF REQUEST FOR JURY TRIAL 2 Pursuant to California Code of Civil Procedure section 631, Defendant CHEVRON U.S.A. 3 INC. hereby gives Notice of Its Request for Trial by Jury. 4 Dated: March 30, 2023 JASON LEVIN 5 ALSTON & BIRD LLP 6 7 By: Jason Levin 8 CHEVRON U.S.A. INC. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 PROOF OF SERVICE 2 I am a citizen of the United States and resident of the State of California. I am employed in Los Angeles, State of California, in the office of a member of the bar of this Court, at whose direction 3 the service was made. I am over the age of eighteen years and not a party to the within action. 4 On March 30, 2023, I served the document(s) described as DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND 5 FOR JURY TRIAL on the interested parties in this action by enclosing the document(s) in a sealed envelope to the parties listed on the attached page as follows: 6 U.S. MAIL: I am personally and readily familiar with the business practice of Alston & 7 ☒ Bird LLP for collection and processing of correspondence for mailing with the United States Parcel Service, and I caused such envelope(s) with postage thereon fully prepaid 8 to be placed in the United States Postal Service at Los Angeles, California. 9 UPS NEXT DAY AIR: I deposited such envelope in a facility regularly maintained by ☐ UPS with delivery fees fully provided for or delivered the envelope to a courier or driver 10 of UPS authorized to receive such documents at Alston & Bird LLP, 333 South Hope Street, 16th Floor, Los Angeles, CA 90071. 11 ELECTRONIC TRANSMISSION WITH ATTACHMENT: By electronically 12 ☐ mailing a true and correct copy through Alston & Bird LLP’s electronic mail system from dana.camacho@alston.com to the email addresses set forth on the attached service list. 13 14 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 15 16 Executed on March 30, 2023, at Los Angeles, California. 17 18 19 Dana Camacho 20 21 22 23 24 25 26 27 28 -7- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 SERVICE LIST 2 Michael Strand and Madonna Strand v. Syngenta et al. Contra Costa Superior Court; Case No. C23-00251 3 Curtis G. Hoke Attorney for Plaintiffs 4 THE MILLER FIRM MICHAEL STRAND and 108 Railroad Avenue MADONNA STRAND 5 Orange, Virginia 22960 Tel: (540) 672-4224 6 Fax: (540) 672-3055 Email: choke@millerfirmllc.com 7 Steven N. Geise Attorney for Defendant JONES DAY CHEVRON U.S.A. INC. 8 4655 Executive Drive, Suite 1500 San Diego, CA 92121.3134 9 Tel: (858) 314-1200 Fax: (858) 345-3178 10 Email: sngeise@jonesday.com 11 Celest M. Brecht Attorney for Defendant JONES DAY CHEVRON U.S.A. INC. 12 555 S. Flower Street, Fiftieth Floor Los Angeles, CA 90071 13 Tel: (213) 243-2116 Fax: (213) 243-2539 14 Email: cbrecht@jonesday.com 15 Don Willenburg Attorney for Defendants GORDON REES SCULLY MANSUKHANI, LLP SYNGENTA AG AND 16 1111 Broadway, Suite 1700 SYNGENTA CROP Oakland, CA 94607 PROTECTION 17 Tel: (510) 463-8600 Email: dwillenburg@grsm.com 18 19 20 21 22 23 24 25 26 27 28 -8- DEFENDANT CHEVRON U.S.A. INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL LEGAL02/42212495v1