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Richard Davis (SBN 259448)
FICKEL BG DAVIS
3254 Fourth Avenue
San Diego, CA 92103
Telephone: (619) 557-9240
Facsimile: (619) 557-9245
Email: rdavis(kftckeldavislaw.corn
Attorneys for Defendant Tiffany Ann Lizarraga
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF KERN COUNTY — METRO DIVISION
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RICHARD "RICK" JONES, an individual; CASE NO. BCV —23-103460
AMANDA ADOLF, an individual; and
12 CALIFORNIA CITY SUPPLY LLC, dba DEFENDANT TIFFANY ANN
GREENSTONE CANNABIS RETAIL LIZARRAGA'S ANSWER TO PLAINTIFF'S
13 STORE, FIRST AMENDFD COMPLAINT FOR
DEFAMATION AND INTENTIONAL
14 Plaintiff, INTERFERENCE WITH PROSPECTIVE
ECONOMIC ADVANTAGE
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Demand for Jurv Trial
16 JESSICA BAYS, an individual,
TIFFANY ANN LIZARRAGA, an Assigned to Hon. Thomas S. Clark
17 individual; and DOES I through 50 Dept. 17
inclusive,
18 First Amended Complaint Filed: December 11,
Defendants. 2023
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Defendant TIFFANY ANN LIZARRAGA (" Defendant" and/or "Lizarraga") answers the
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complaint (" Complaint" ) filed by Plaintiffs RICHARD "RICK" JONES (" Jones" ), AMANDA
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ADOLF (" Adolf', and CALIFORNIA CITY SUPPLY LLC, dba GREENSTONE CANNABIS
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RETAIL STORE (" Greenstone" ), collectively referred to as "Plaintiffs", as follows:
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GENERAL DENIAL
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Under section 431.30(d) of the California Code of Civi7 Procedure, Defendant generally
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evet3'ause
and specifically denies each and every allegation contained in Plaintiff's Complaint, and
of action therein that is alleged against Defendant. The plain language of Code of Civi7
DEFENDANT JESSICA BAYS ANSS'YFB To FEA1NTIFFS'OSIFLAINT
Procediii.e section 431.30 indicates that, where a complaint *'is not verified, a general denial is
sufficient [and]...puts in issue the material allegations of the complaint." Code of'Civil ProcedIII e
section 431.30, subd. (d) Code of Civil Procedure section 431.30 allows a party to respond to an
unverified complaint, such as the one filed by Plaintiff, by filing a general denial. A general denial
does not require the defendant to specifically identify which allegations in the Complaint are
"material" and which are not. Id. Under Code of Civ. Proc, section 2024.020, aparty is entitled to
conduct discovery until the 30" day before trial. A party is not entitled to force the opposing party
to conclude its discovery and investigation just so that defendants are forced to provide specific
evidentiary facts in support of their Answer even when a plaintiffs complaint is unverified.
10 Further, "under a general denial, the defendant may urge any defenses tending to show that plaintiff
has no right to recover or no right to recover to the extent that he or she claims." Advrintec Group,
12 Defendants'3
Inc. v. Eduun's Plumbing Co, Inc. (2007) 153 Cal.App.4th 624, 627. Additionally,
Answer should be construed liberally in determining its effect. Code of Civil Procedur.e section
14 452 ("[i]n the construction of a pleading for the purpose of determining its effect, its allegations
15 must be liberally construed, with a view to substantial justice between the parties"); see also, Bank
16 ofAm. Nar 'I Trust If Savm Ass 'n v. Vanni ni (1956) 140 Cal.App.2d 120, 126. Defendant generally
17 and specifically denies that Plaintiff has been damaged in any sum or sums whatsoever by reason
18 of the conduct of Defendant.
Subject to and without waiving the above general denial, and without admitting these to be
20 affirmative defenses rather than an element of Plaintiff s claim, for further and separate affiirnative
21 defenses to Plaintiff s Complaint and each cause of action thereof, as it is asserted against
22 Defendant, Defendant alleges as follows:
23 AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
25 (Failure to State a Cause of Action)
As a first separate, and affirmative defense, Defendant alleges that each and every cause
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of action set forth in the Complaint fails to state facts sufficient to constitute a cause of action,
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SECOND AFFIRMATIVE DEFENSE
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DEFERDAVT TIFFAViv AR ~ LIZARRAGA'S ARS'IVER TO PLAIVTIFF'S FIRST AAIEV'DED COSIPI.AIVT
(Truth)
As a second separate, and aflirmative defense, Defendant alleges that each and every case
is barred or estopped, because of the truth or substantial truth of'he alleged defamatory
statements.
THIRD AFFIRMATIVE DEFENSE
(Opinion)
As a third separate, and affirmative defense, Defendant alleges that each and eveiy cause
of action set forth in the Complaint is barred or estopped because the alleged defamatory
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statements were opinions, and not factual statements.
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FOURTH AFFIRMATIVE DEFENSE
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(Unclean Hands)
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As a fourth separate, and affirmative defense, Defendant alleges that by virtue of
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Plaintifl's unlawful, careless, negligent, and other wrongful conduct, Plaintiff should be barred
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from recovering against Defendant by the equitable doctrine of unclean hands.
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FIFTH AFFIRMATIVE DEFENSE
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(Statute of Limitations)
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As a fifth separate, and affirmative defense, Defendant alleges that the Complaint, and
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each cause of action purportedly alleged therein, is barred or estopped, in whole or in part, by the
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applicable statute of limitations.
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SIXTHAFFIRMATIVE DEFENSE
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(No Causation)
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As a sixth separate and affirmative defense, Defendant alleges that there is no causal
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connection between any act or omission by or on behalf of Defendant and all or any portion ol'he
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damages of which plaintiff complains.
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SEVFNTHTH AFFIRMATIVF. DEFENSF,
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(Additional Defenses)
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As a seventh separate and distinct affirmative defense, Defendant alleges that Defendant
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DFFENDANT TIFFANY ANiN I.IEARRAGA'S ANSu El)TO PLAINTIFI"S FIRST AXIENI)EI) OOi)IPLAINT
presently has insufficient knowledge or information upon which to form a belief as to whether it
may have additional, as yet unstated, affirmative defenses. Defendant reserves the right to assert
additional affirmative defenses in the event discovery indicates that such affirmative defenses
would be appropriate in this matter.
DE&MAND FOR JURY TRIAL
PLEASE TAKE NOTICE that Defendant Tiffany Lizarraga hereby demands a jury trial in
the above-entitled action.
WHEREFORE, Defendants request that this Court:
1. Dismiss the Complaint with prejudice, and for Plaintiff to take nothing by it;
10 2. Award to Defendant attorney's fees and the costs of suit to the extent permitted
under applicable law; and
12 3. Grant Defendant such other and further relief as may be appropriate.
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14 Dated: January 30, 2024 FICKEL X DAVIS
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Attorneys for Defendant
Tiffany Ann Lizarraga
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DEI'EiRDART TIFFAXh ARS LIZARILAOA'S ARShVER TO PLAIh'TIFF'S FIRST AAIES DED Onhn'LAliRT
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Richard Davis (SBN 259448) FICKEL BG DAVIS 3254 Fourth Avenue San Diego, CA 92103 Telephone: (619) 557-9240 Facsimile: (619) 557-9245 Email: rdavis(kftckeldavislaw.corn Attorneys for Defendant Tiffany Ann Lizarraga SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF KERN COUNTY — METRO DIVISION 10 RICHARD "RICK" JONES, an individual; CASE NO. BCV —23-103460 AMANDA ADOLF, an individual; and 12 CALIFORNIA CITY SUPPLY LLC, dba DEFENDANT TIFFANY ANN GREENSTONE CANNABIS RETAIL LIZARRAGA'S ANSWER TO PLAINTIFF'S 13 STORE, FIRST AMENDFD COMPLAINT FOR DEFAMATION AND INTENTIONAL 14 Plaintiff, INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE 15 Demand for Jurv Trial 16 JESSICA BAYS, an individual, TIFFANY ANN LIZARRAGA, an Assigned to Hon. Thomas S. Clark 17 individual; and DOES I through 50 Dept. 17 inclusive, 18 First Amended Complaint Filed: December 11, Defendants. 2023 19 20 Defendant TIFFANY ANN LIZARRAGA (" Defendant" and/or "Lizarraga") answers the 21 complaint (" Complaint" ) filed by Plaintiffs RICHARD "RICK" JONES (" Jones" ), AMANDA 22 ADOLF (" Adolf', and CALIFORNIA CITY SUPPLY LLC, dba GREENSTONE CANNABIS 23 RETAIL STORE (" Greenstone" ), collectively referred to as "Plaintiffs", as follows: 24 GENERAL DENIAL 25 Under section 431.30(d) of the California Code of Civi7 Procedure, Defendant generally 26 27 28 evet3'ause and specifically denies each and every allegation contained in Plaintiff's Complaint, and of action therein that is alleged against Defendant. The plain language of Code of Civi7 DEFENDANT JESSICA BAYS ANSS'YFB To FEA1NTIFFS'OSIFLAINT Procediii.e section 431.30 indicates that, where a complaint *'is not verified, a general denial is sufficient [and]...puts in issue the material allegations of the complaint." Code of'Civil ProcedIII e section 431.30, subd. (d) Code of Civil Procedure section 431.30 allows a party to respond to an unverified complaint, such as the one filed by Plaintiff, by filing a general denial. A general denial does not require the defendant to specifically identify which allegations in the Complaint are "material" and which are not. Id. Under Code of Civ. Proc, section 2024.020, aparty is entitled to conduct discovery until the 30" day before trial. A party is not entitled to force the opposing party to conclude its discovery and investigation just so that defendants are forced to provide specific evidentiary facts in support of their Answer even when a plaintiffs complaint is unverified. 10 Further, "under a general denial, the defendant may urge any defenses tending to show that plaintiff has no right to recover or no right to recover to the extent that he or she claims." Advrintec Group, 12 Defendants'3 Inc. v. Eduun's Plumbing Co, Inc. (2007) 153 Cal.App.4th 624, 627. Additionally, Answer should be construed liberally in determining its effect. Code of Civil Procedur.e section 14 452 ("[i]n the construction of a pleading for the purpose of determining its effect, its allegations 15 must be liberally construed, with a view to substantial justice between the parties"); see also, Bank 16 ofAm. Nar 'I Trust If Savm Ass 'n v. Vanni ni (1956) 140 Cal.App.2d 120, 126. Defendant generally 17 and specifically denies that Plaintiff has been damaged in any sum or sums whatsoever by reason 18 of the conduct of Defendant. Subject to and without waiving the above general denial, and without admitting these to be 20 affirmative defenses rather than an element of Plaintiff s claim, for further and separate affiirnative 21 defenses to Plaintiff s Complaint and each cause of action thereof, as it is asserted against 22 Defendant, Defendant alleges as follows: 23 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE 25 (Failure to State a Cause of Action) As a first separate, and affirmative defense, Defendant alleges that each and every cause 26 of action set forth in the Complaint fails to state facts sufficient to constitute a cause of action, 27 SECOND AFFIRMATIVE DEFENSE 28 DEFERDAVT TIFFAViv AR ~ LIZARRAGA'S ARS'IVER TO PLAIVTIFF'S FIRST AAIEV'DED COSIPI.AIVT (Truth) As a second separate, and aflirmative defense, Defendant alleges that each and every case is barred or estopped, because of the truth or substantial truth of'he alleged defamatory statements. THIRD AFFIRMATIVE DEFENSE (Opinion) As a third separate, and affirmative defense, Defendant alleges that each and eveiy cause of action set forth in the Complaint is barred or estopped because the alleged defamatory 9 statements were opinions, and not factual statements. 10 FOURTH AFFIRMATIVE DEFENSE 11 (Unclean Hands) 12 As a fourth separate, and affirmative defense, Defendant alleges that by virtue of 13 Plaintifl's unlawful, careless, negligent, and other wrongful conduct, Plaintiff should be barred 14 from recovering against Defendant by the equitable doctrine of unclean hands. 15 FIFTH AFFIRMATIVE DEFENSE 16 (Statute of Limitations) 17 As a fifth separate, and affirmative defense, Defendant alleges that the Complaint, and 18 each cause of action purportedly alleged therein, is barred or estopped, in whole or in part, by the 19 applicable statute of limitations. 20 SIXTHAFFIRMATIVE DEFENSE 21 (No Causation) 22 As a sixth separate and affirmative defense, Defendant alleges that there is no causal 23 connection between any act or omission by or on behalf of Defendant and all or any portion ol'he 24 damages of which plaintiff complains. 25 SEVFNTHTH AFFIRMATIVF. DEFENSF, 26 (Additional Defenses) 27 As a seventh separate and distinct affirmative defense, Defendant alleges that Defendant 28 DFFENDANT TIFFANY ANiN I.IEARRAGA'S ANSu El)TO PLAINTIFI"S FIRST AXIENI)EI) OOi)IPLAINT presently has insufficient knowledge or information upon which to form a belief as to whether it may have additional, as yet unstated, affirmative defenses. Defendant reserves the right to assert additional affirmative defenses in the event discovery indicates that such affirmative defenses would be appropriate in this matter. DE&MAND FOR JURY TRIAL PLEASE TAKE NOTICE that Defendant Tiffany Lizarraga hereby demands a jury trial in the above-entitled action. WHEREFORE, Defendants request that this Court: 1. Dismiss the Complaint with prejudice, and for Plaintiff to take nothing by it; 10 2. Award to Defendant attorney's fees and the costs of suit to the extent permitted under applicable law; and 12 3. Grant Defendant such other and further relief as may be appropriate. 13 14 Dated: January 30, 2024 FICKEL X DAVIS 15 16 17 .,V~ 1 Attorneys for Defendant Tiffany Ann Lizarraga 19 20 21 22 23 24 25 26 27 28 DEI'EiRDART TIFFAXh ARS LIZARILAOA'S ARShVER TO PLAIh'TIFF'S FIRST AAIES DED Onhn'LAliRT