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1 DAVID EUM, State Bar No. 169461
David.Eum@amtrustgroup.com
2 LAW OFFICES OF KAREN M. JOHNSON ELECTRONICALLY
17771 Cowan, Ste. 260 FILED
3
Irvine, California 92614 Superior Court of California,
County of San Francisco
4 Phone: (949) 590-4065; Fax: (949) 774-4241
07/24/2023
Clerk of the Court
5 Attorneys for Defendant RAMIREZ ROOFING CORPORATION BY: ANNIE PASCUAL
Deputy Clerk
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
LAW OFFICES OF KAREN M. JOHNSON
10
11 The Carlyn Lane Ackerman Revocable Trust Case No. CGC-23-606020
dated August 9, 2017, by and through its
TEL 949.590.4065 • FAX 949.774.4241
12 trustee, CARLYN L. ACKERMAN, and ANSWER OF DEFENDANT RAMIREZ
CARLYN L. ACKERMAN, an individual, ROOFING CORPORATION TO
IRVINE, CALIFORNIA 92614
17771 COWAN, STE. 260
13 PLAINTIFFS’ COMPLAINT AND
14 Plaintiffs, DEMAND FOR JURY TRIAL
15 v.
16 NOEL PATRICK BARTLEY, an individual,
doing business as BARTLEY
17
CONSTRUCTION; GLASS CLUB, INC., a
18 California corporation; RAMIREZ ROOFING
CORPORATION, a California corporation;
19 FRANK KORN, an individual doing business
as CARRERA MARBLE; and DOES 1 to 20,
20 inclusive,
21
Defendants. Action Filed: 04/21/2023
22 Trial Date: None
23
24 Defendant RAMIREZ ROOFING CORPORATION (hereinafter “Defendant”) hereby
25 answers the Complaint of Plaintiffs, THE CARLYN LANE ACKERMAN REVOCABLE TRUST
26 DATED AUGUST 9, 2017, by and through its trustee, CARLYN L. ACKERMAN and CARLYN
27 L. ACKERMAN, an individual, (hereinafter “Plaintiffs”) as follows:
28 ///
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ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND
DEMAND FOR JURY TRIAL
1 GENERAL DENIAL
2 Pursuant to the provisions of California Code of Civil Procedure §431.30, Defendant denies
3 generally and specifically each and every allegation contained in Plaintiffs’ Complaint, and the
4 whole thereof, and specially denies that Plaintiff has been injured or damaged as alleged, or in any
5 other sum or otherwise, or at all, by any tortious act or omission for which Defendant may be held
6 legally responsible.
7 AFFIRMATIVE DEFENSES
8 As separate affirmative defenses to the Complaint, Defendant further allege as follows:
9 FIRST AFFIRMATIVE DEFENSE
LAW OFFICES OF KAREN M. JOHNSON
10 (Failure to State a Cause of Action)
11 1. The Complaint does not state facts sufficient to constitute a cause of action against
TEL 949.590.4065 • FAX 949.774.4241
12 this Defendant.
IRVINE, CALIFORNIA 92614
17771 COWAN, STE. 260
13 SECOND AFFIRMATIVE DEFENSE
14 (Intervening Cause)
15 2. Defendant is informed and believes and thereon alleges that the negligence and other
16 legal faults alleged in the Complaint as to Defendant was not a substantial factor in bringing about
17 Plaintiffs’ alleged damages, and therefore were not a contributing cause, but were superseded by the
18 negligence or other legal fault of one or more third parties, persons, or entities whose conduct was
19 an independent, intervening sole cause of any alleged damages suffered by Plaintiff.
20 THIRD AFFIRMATIVFE DEFENSE
21 (Comparative Fault)
22 3. If Plaintiff sustained any injury or damage as alleged in the Complaint, Defendant is
23 informed and believes the same was directly and legally caused in some degree by the negligence
24 or other legal fault of Plaintiff, and any judgment or award in favor of Plaintiff and against Defendant
25 should be reduced in direct proportion to the percentage of such negligence or other legal fault.
26 FOURTH AFFIRMATIVE DEFRENSE
27 (Failure to Mitigate)
28 4. If Plaintiff sustained any injury or damage as alleged in the Complaint, Defendant is
-2-
ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND
DEMAND FOR JURY TRIAL
1 informed and believes the same could have been mitigated or prevented, in whole or in part, by the
2 taking of reasonable steps, but Plaintiff failed to do so, and any recovery against this answering
3 Defendant should therefore be barred.
4 FIFTH AFFIRMATIVE DEFENSE
5 (Statute of Limitations)
6 5. Defendant is informed and believes and thereon alleges that the Complaint and each
7 and every cause of action contained therein, is barred by the applicable statute of limitations
8 including, but not limited to, California Code of Civil Procedure sections 312, 338(b), 338(j), 343.
9 SIXTH AFFIRMATIVE DEFENSE
LAW OFFICES OF KAREN M. JOHNSON
10 (Misconduct of Others)
11 6. Defendant alleges on information and belief that the injuries and damages
TEL 949.590.4065 • FAX 949.774.4241
12 complained of, if any there were, were the substantial legal result, in whole or in part, of the
IRVINE, CALIFORNIA 92614
17771 COWAN, STE. 260
13 misconduct, acts or omissions of persons, entities or instrumentalities over which this answering
14 Defendant had no control, and any recovery against this Defendant should to that extent be reduced
15 or barred entirely.
16 SEVENTH AFFIRMATIVE DEFENSE
17 (Plaintiffs’ Failure to Exercise Ordinary Care)
18 7. Defendant is informed and believes and thereon alleges that the alleged potential
19 liability of Defendant resulted from Plaintiffs’ failure to exercise reasonable and ordinary care,
20 caution or vigilance for which Defendant is not legally liable or responsible.
21 EIGHTH AFFIRMATIVE DEFENSE
22 (Plaintiffs’ Comparative Negligence)
23 8. Defendant alleges that Plaintiff was careless and negligent in and about the matters
24 alleged in the Complaint, and that said carelessness and negligence actually and/or proximately
25 caused, or contributed to, in whole or in part, to Plaintiffs’ alleged damages and that said damages,
26 if any, must be diminished in proportion to the amount of fault properly attributable to Plaintiff.
27 ///
28 ///
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ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND
DEMAND FOR JURY TRIAL
1 WHEREFORE, Defendant prays as follows:
2 1. That Plaintiffs take nothing by way of their Complaint;
3 2. That the Court apportion fault in this action among Plaintiffs and all other legally
4 responsible tortfeasors;
5 3. That Defendant be awarded its costs of suit; and
6 4. For such other and further relief as the Court may deem just and proper
7
8 Dated: July 24, 2023 LAW OFFICES OF KAREN M. JOHNSON
9
LAW OFFICES OF KAREN M. JOHNSON
10
By:
11 DAVID EUM
Attorneys for Defendant RAMIREZ ROOFING
TEL 949.590.4065 • FAX 949.774.4241
12 CORPORATION
IRVINE, CALIFORNIA 92614
17771 COWAN, STE. 260
13
14
15
16 DEMAND FOR TRIAL BY JURY
17 Defendant herein demands a trial by jury.
18
19 Dated: July 24, 2023 LAW OFFICES OF KAREN M. JOHNSON
20
21 By:
22 DAVID EUM
Attorneys for Defendant RAMIREZ ROOFING
23 CORPORATION
24
25
26
27
28
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ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND
DEMAND FOR JURY TRIAL
1 PROOF OF SERVICE
2 I, the undersigned, declare as follows:
3 I am employed in the County of Orange, State of California. I am over the age of 18 years, and
not a party to the within action. I am an employee of or agent for LAW OFFICES OF KAREN M.
4 JOHNSON, whose business address is 17771 Cowan, Ste. 260, Irvine, CA 92614.
5 On July 24, 2023, I served the foregoing document(s): ANSWER OF DEFENDANT
6 RAMIREZ ROOFING CORPORATION TO PLAINTIFFS’ COMPLAINT AND DEMAND
FOR JURY TRIAL to the following party(ies) in this action addressed as follows:
7
8 Jeffrey H. Belote Michael S. Eisenbaum
John F. O’Connor Kathryn T. Camerlengo
9 CLARK HILL GRAY. DUFF'Y, LLP
LAW OFFICES OF KAREN M. JOHNSON
10 505 Montgomery Street, 13th Floor 21700 Oxnard Street, Suite 1950
San Francisco, CA 94111 Woodland Hills, California 91367
11 T: 415-984-8500 T: (818) 907-4000
jbelote@ClarkHill.com; meisenbaum@grayduffylaw.com;
TEL 949.590.4065 • FAX 949.774.4241
12 JFOconnor@ClarkHill.com; kcamerlengo@grayduffylaw.com;
tsteen@clarkhill.com; nbremner@grayduffylaw.com;
IRVINE, CALIFORNIA 92614
17771 COWAN, STE. 260
13
14 Attorneys for Plaintiff CARLYN L. Attorneys for Defendant/Cross-
ACKERMAN Complainant NOEL PATRICK BARTLEY,
15 dba BARTLEY CONSTRUCTION
16
(BY FILE & SERVEXPRESS) I caused the above-listed document to be transmitted by File &
17 ServeXpress at www.fileandservexpress.com addressed to all parties appearing on the electronic
service list for the above-entitled case. The service transmission was reported as complete and
18 a copy of the File & ServeXpress Filing Receipt Page/Confirmation will be maintained with the
original document in this office.
19
20 (ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the documents(s) to the persons at
the email address(es) listed, pursuant to California Code of Civil Procedure section 1010.6(e)(1),
21 effective January 1, 2021.
22 Executed on July 24, 2023, at Irvine, California. I declare under penalty of perjury under
the laws of the State of California that the above is true and correct.
23
24
25
Cynthia Braico
26
27
28
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ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND
DEMAND FOR JURY TRIAL
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1 DAVID EUM, State Bar No. 169461 David.Eum@amtrustgroup.com 2 LAW OFFICES OF KAREN M. JOHNSON ELECTRONICALLY 17771 Cowan, Ste. 260 FILED 3 Irvine, California 92614 Superior Court of California, County of San Francisco 4 Phone: (949) 590-4065; Fax: (949) 774-4241 07/24/2023 Clerk of the Court 5 Attorneys for Defendant RAMIREZ ROOFING CORPORATION BY: ANNIE PASCUAL Deputy Clerk 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO LAW OFFICES OF KAREN M. JOHNSON 10 11 The Carlyn Lane Ackerman Revocable Trust Case No. CGC-23-606020 dated August 9, 2017, by and through its TEL 949.590.4065 • FAX 949.774.4241 12 trustee, CARLYN L. ACKERMAN, and ANSWER OF DEFENDANT RAMIREZ CARLYN L. ACKERMAN, an individual, ROOFING CORPORATION TO IRVINE, CALIFORNIA 92614 17771 COWAN, STE. 260 13 PLAINTIFFS’ COMPLAINT AND 14 Plaintiffs, DEMAND FOR JURY TRIAL 15 v. 16 NOEL PATRICK BARTLEY, an individual, doing business as BARTLEY 17 CONSTRUCTION; GLASS CLUB, INC., a 18 California corporation; RAMIREZ ROOFING CORPORATION, a California corporation; 19 FRANK KORN, an individual doing business as CARRERA MARBLE; and DOES 1 to 20, 20 inclusive, 21 Defendants. Action Filed: 04/21/2023 22 Trial Date: None 23 24 Defendant RAMIREZ ROOFING CORPORATION (hereinafter “Defendant”) hereby 25 answers the Complaint of Plaintiffs, THE CARLYN LANE ACKERMAN REVOCABLE TRUST 26 DATED AUGUST 9, 2017, by and through its trustee, CARLYN L. ACKERMAN and CARLYN 27 L. ACKERMAN, an individual, (hereinafter “Plaintiffs”) as follows: 28 /// -1- ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 GENERAL DENIAL 2 Pursuant to the provisions of California Code of Civil Procedure §431.30, Defendant denies 3 generally and specifically each and every allegation contained in Plaintiffs’ Complaint, and the 4 whole thereof, and specially denies that Plaintiff has been injured or damaged as alleged, or in any 5 other sum or otherwise, or at all, by any tortious act or omission for which Defendant may be held 6 legally responsible. 7 AFFIRMATIVE DEFENSES 8 As separate affirmative defenses to the Complaint, Defendant further allege as follows: 9 FIRST AFFIRMATIVE DEFENSE LAW OFFICES OF KAREN M. JOHNSON 10 (Failure to State a Cause of Action) 11 1. The Complaint does not state facts sufficient to constitute a cause of action against TEL 949.590.4065 • FAX 949.774.4241 12 this Defendant. IRVINE, CALIFORNIA 92614 17771 COWAN, STE. 260 13 SECOND AFFIRMATIVE DEFENSE 14 (Intervening Cause) 15 2. Defendant is informed and believes and thereon alleges that the negligence and other 16 legal faults alleged in the Complaint as to Defendant was not a substantial factor in bringing about 17 Plaintiffs’ alleged damages, and therefore were not a contributing cause, but were superseded by the 18 negligence or other legal fault of one or more third parties, persons, or entities whose conduct was 19 an independent, intervening sole cause of any alleged damages suffered by Plaintiff. 20 THIRD AFFIRMATIVFE DEFENSE 21 (Comparative Fault) 22 3. If Plaintiff sustained any injury or damage as alleged in the Complaint, Defendant is 23 informed and believes the same was directly and legally caused in some degree by the negligence 24 or other legal fault of Plaintiff, and any judgment or award in favor of Plaintiff and against Defendant 25 should be reduced in direct proportion to the percentage of such negligence or other legal fault. 26 FOURTH AFFIRMATIVE DEFRENSE 27 (Failure to Mitigate) 28 4. If Plaintiff sustained any injury or damage as alleged in the Complaint, Defendant is -2- ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 informed and believes the same could have been mitigated or prevented, in whole or in part, by the 2 taking of reasonable steps, but Plaintiff failed to do so, and any recovery against this answering 3 Defendant should therefore be barred. 4 FIFTH AFFIRMATIVE DEFENSE 5 (Statute of Limitations) 6 5. Defendant is informed and believes and thereon alleges that the Complaint and each 7 and every cause of action contained therein, is barred by the applicable statute of limitations 8 including, but not limited to, California Code of Civil Procedure sections 312, 338(b), 338(j), 343. 9 SIXTH AFFIRMATIVE DEFENSE LAW OFFICES OF KAREN M. JOHNSON 10 (Misconduct of Others) 11 6. Defendant alleges on information and belief that the injuries and damages TEL 949.590.4065 • FAX 949.774.4241 12 complained of, if any there were, were the substantial legal result, in whole or in part, of the IRVINE, CALIFORNIA 92614 17771 COWAN, STE. 260 13 misconduct, acts or omissions of persons, entities or instrumentalities over which this answering 14 Defendant had no control, and any recovery against this Defendant should to that extent be reduced 15 or barred entirely. 16 SEVENTH AFFIRMATIVE DEFENSE 17 (Plaintiffs’ Failure to Exercise Ordinary Care) 18 7. Defendant is informed and believes and thereon alleges that the alleged potential 19 liability of Defendant resulted from Plaintiffs’ failure to exercise reasonable and ordinary care, 20 caution or vigilance for which Defendant is not legally liable or responsible. 21 EIGHTH AFFIRMATIVE DEFENSE 22 (Plaintiffs’ Comparative Negligence) 23 8. Defendant alleges that Plaintiff was careless and negligent in and about the matters 24 alleged in the Complaint, and that said carelessness and negligence actually and/or proximately 25 caused, or contributed to, in whole or in part, to Plaintiffs’ alleged damages and that said damages, 26 if any, must be diminished in proportion to the amount of fault properly attributable to Plaintiff. 27 /// 28 /// -3- ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 WHEREFORE, Defendant prays as follows: 2 1. That Plaintiffs take nothing by way of their Complaint; 3 2. That the Court apportion fault in this action among Plaintiffs and all other legally 4 responsible tortfeasors; 5 3. That Defendant be awarded its costs of suit; and 6 4. For such other and further relief as the Court may deem just and proper 7 8 Dated: July 24, 2023 LAW OFFICES OF KAREN M. JOHNSON 9 LAW OFFICES OF KAREN M. JOHNSON 10 By: 11 DAVID EUM Attorneys for Defendant RAMIREZ ROOFING TEL 949.590.4065 • FAX 949.774.4241 12 CORPORATION IRVINE, CALIFORNIA 92614 17771 COWAN, STE. 260 13 14 15 16 DEMAND FOR TRIAL BY JURY 17 Defendant herein demands a trial by jury. 18 19 Dated: July 24, 2023 LAW OFFICES OF KAREN M. JOHNSON 20 21 By: 22 DAVID EUM Attorneys for Defendant RAMIREZ ROOFING 23 CORPORATION 24 25 26 27 28 -4- ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 PROOF OF SERVICE 2 I, the undersigned, declare as follows: 3 I am employed in the County of Orange, State of California. I am over the age of 18 years, and not a party to the within action. I am an employee of or agent for LAW OFFICES OF KAREN M. 4 JOHNSON, whose business address is 17771 Cowan, Ste. 260, Irvine, CA 92614. 5 On July 24, 2023, I served the foregoing document(s): ANSWER OF DEFENDANT 6 RAMIREZ ROOFING CORPORATION TO PLAINTIFFS’ COMPLAINT AND DEMAND FOR JURY TRIAL to the following party(ies) in this action addressed as follows: 7 8 Jeffrey H. Belote Michael S. Eisenbaum John F. O’Connor Kathryn T. Camerlengo 9 CLARK HILL GRAY. DUFF'Y, LLP LAW OFFICES OF KAREN M. JOHNSON 10 505 Montgomery Street, 13th Floor 21700 Oxnard Street, Suite 1950 San Francisco, CA 94111 Woodland Hills, California 91367 11 T: 415-984-8500 T: (818) 907-4000 jbelote@ClarkHill.com; meisenbaum@grayduffylaw.com; TEL 949.590.4065 • FAX 949.774.4241 12 JFOconnor@ClarkHill.com; kcamerlengo@grayduffylaw.com; tsteen@clarkhill.com; nbremner@grayduffylaw.com; IRVINE, CALIFORNIA 92614 17771 COWAN, STE. 260 13 14 Attorneys for Plaintiff CARLYN L. Attorneys for Defendant/Cross- ACKERMAN Complainant NOEL PATRICK BARTLEY, 15 dba BARTLEY CONSTRUCTION 16 (BY FILE & SERVEXPRESS) I caused the above-listed document to be transmitted by File & 17 ServeXpress at www.fileandservexpress.com addressed to all parties appearing on the electronic service list for the above-entitled case. The service transmission was reported as complete and 18 a copy of the File & ServeXpress Filing Receipt Page/Confirmation will be maintained with the original document in this office. 19 20 (ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the documents(s) to the persons at the email address(es) listed, pursuant to California Code of Civil Procedure section 1010.6(e)(1), 21 effective January 1, 2021. 22 Executed on July 24, 2023, at Irvine, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 24 25 Cynthia Braico 26 27 28 -5- ANSWER OF DEFENDANT RAMIREZ ROOFING CORPORATION TO COMPLAINT AND DEMAND FOR JURY TRIAL