On June 11, 2020 a
Answer
was filed
involving a dispute between
Duke Realty Limited Partnership,
Insurance Company Of The West,
Madrigal, Adriana Quintero,
Marquez, Rafael Carvajal,
and
Does 2-100,
Duke Realty Corporation,
Duke Realty Limited Partnership,
Genie Industries, Inc.,
Gregg Electric, Inc.,
I.E. General Engineering Inc.,
King Equipment, Llc,
Terex Corporation,
General Engineering, Inc,
Gregg Electric, Inc., I.E.,
King Equipment, Inc.,
Roes 2 To 100,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
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r 0
1 LEWIS BRISBOIS BISGAARD SMITH LLP i
JOHN S LOWENTHAL SB 120628
2 E Mail John Lowenthal alewisbrisbois com suP R oROU
T c
TRACI WHALEY PATINO SB
207512 ORNIA
3 E Mail Traci Patino a lewisbrisbois com
N rj L r SAf Li pN
a t p rJO
c r C7 i
1
650 East Hospitality Lane Suite 600
SEP 2 4 2020 a
4 San Bernardino California 92408
Telephone 909 387 1130 m
Y
5 Facsimile 909 387 1138 9 a cu
OI Ah r
n
6 Attorneys for Defendant Cross Defendant V p TY
GREGG ELECTRIC INC
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT
10
11 RAFAEL CARVAJAL MARQUEZ Case No CIVDS2010310
ADRIANA QUINTERO MADRIGAL Assigned to 11 e Hon Donald Alvarez Dept 5 23
12
Plaintiffs ANSWER OF CROSS DEFENDANT
13 GREGG ELECTRIC INC TO CROSS
vs COMPLAINT OF DUKE REALTY
14 LIMITED PARTNERSHIP
15 GENIE INDUSTRIES INC TEREX
CORPORATION DUKE REALTY
16 LIMITED PARTNERSHIP DUKE REALTY
CORPORATION GREGG ELECTRIC INC
17 I E GENERAL ENGINEERING INC and
DOES 1 100 inclusive
18
Defendants
19
20
DUKE REALTY LIMITED PARTNERSHIP
21 Action Filed 06 11 2020
Cross Complainants Trial Date None Set
22
vs
23
24
JSR CONSTRUCTION SERVICES INC
GENIE INDUSTRIES 1NC TEREX
25 CORPORATION GREGG ELECTRIC 1NC
I E GENERAL ENGINEERING INC and
26 ROES lto 20
27 Cross Defendants
28
LEWIS
BRISBOIS 4831 0600 1612 1
BISGAARD
qNSWER OF CROSS DEFENDANT GREGG ELECTRIC INC TO
S NM LLP
AIIORNEYSAi lAW
CROSS COMPLAINT OF DUKE REALTY LIMITED PARTNERSHIP
i
1 COME NOW Cross Defendant GREGG ELECTRIC INC hereinafter Cross
2 Defendant and answering the Cross Complaint of DUKE REALTY LIMITED PARTNERSHII
3 on file herein admits denies and alleges as follows
4 1
Pursuant to the provisions of California Code ofCivil Procedure Section 431 30
5 this Cross Defendant denies generally each and every allegation of the Cross Complaint and
6 denies that Cross Complainant was damaged in the amount claimed or at all and denies that
7 Cross Complainant is entitled to the relief claimed upon the grounds alleged or otherwise or at
8 all
9 FIRST AFFIRMATIVE DEFENSE
10 2
That Cross complainant is barred from recovery herein as the Cross Complaint and
11 Cross Complainant fail to state facts sufficient to constitute a cause of action against this
12 answering Cross Defendant
13 SECOND AFFIRMATIVE DEFENSE
14 3 The action is barred and or must be abated based on California Code of Civil
15 Procedure Section 430 10 b in that Cross Complainant has no legal capacity to sue
16 THIRD AFFIRMATIVE DEFENSE
17 4 The action is barred and or must be abated based on California Code of Civil
18 Procedure Section 430 10 d in that there is a defect or misjoinder of parties
19 FOURTH AFFIRMATIVE DEFENSE
20 5
The Cross Complainant is barred from recovery herein as it has released all of its
21 rights in a written document or otherwise
22 FIFTH AFFIRMATIVE DEFENSE
23 6 This Cross Defendant its agents or employees are not liable for the damages if
24 any alleged in the Cross Complaint in that such damages if any were the result of no human
25 intervention but were solely caused by an irresistible superhuman cause or Act of God which
26 was unforeseeable and whose effects could not be prevented by the exercise of prudence diligence
27 and care
28
LEWIS
BRISBOIS 4831 0600 1612 1 2
BISGAARD
ANSWER OF CROSS DEFENDANT GREGG ELECTRiC INC TO
SM9iH LLP
noaN r W
s
CROSS COMPLAINT OF DUKE REALTY LINIITED PARTNERSHII
Document Filed Date
September 24, 2020
Case Filing Date
June 11, 2020
Category
Personal Injury Non-Motor Vehicle Unlimited
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r 0 1 LEWIS BRISBOIS BISGAARD SMITH LLP i JOHN S LOWENTHAL SB 120628 2 E Mail John Lowenthal alewisbrisbois com suP R oROU T c TRACI WHALEY PATINO SB 207512 ORNIA 3 E Mail Traci Patino a lewisbrisbois com N rj L r SAf Li pN a t p rJO c r C7 i 1 650 East Hospitality Lane Suite 600 SEP 2 4 2020 a 4 San Bernardino California 92408 Telephone 909 387 1130 m Y 5 Facsimile 909 387 1138 9 a cu OI Ah r n 6 Attorneys for Defendant Cross Defendant V p TY GREGG ELECTRIC INC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT 10 11 RAFAEL CARVAJAL MARQUEZ Case No CIVDS2010310 ADRIANA QUINTERO MADRIGAL Assigned to 11 e Hon Donald Alvarez Dept 5 23 12 Plaintiffs ANSWER OF CROSS DEFENDANT 13 GREGG ELECTRIC INC TO CROSS vs COMPLAINT OF DUKE REALTY 14 LIMITED PARTNERSHIP 15 GENIE INDUSTRIES INC TEREX CORPORATION DUKE REALTY 16 LIMITED PARTNERSHIP DUKE REALTY CORPORATION GREGG ELECTRIC INC 17 I E GENERAL ENGINEERING INC and DOES 1 100 inclusive 18 Defendants 19 20 DUKE REALTY LIMITED PARTNERSHIP 21 Action Filed 06 11 2020 Cross Complainants Trial Date None Set 22 vs 23 24 JSR CONSTRUCTION SERVICES INC GENIE INDUSTRIES 1NC TEREX 25 CORPORATION GREGG ELECTRIC 1NC I E GENERAL ENGINEERING INC and 26 ROES lto 20 27 Cross Defendants 28 LEWIS BRISBOIS 4831 0600 1612 1 BISGAARD qNSWER OF CROSS DEFENDANT GREGG ELECTRIC INC TO S NM LLP AIIORNEYSAi lAW CROSS COMPLAINT OF DUKE REALTY LIMITED PARTNERSHIP i 1 COME NOW Cross Defendant GREGG ELECTRIC INC hereinafter Cross 2 Defendant and answering the Cross Complaint of DUKE REALTY LIMITED PARTNERSHII 3 on file herein admits denies and alleges as follows 4 1 Pursuant to the provisions of California Code ofCivil Procedure Section 431 30 5 this Cross Defendant denies generally each and every allegation of the Cross Complaint and 6 denies that Cross Complainant was damaged in the amount claimed or at all and denies that 7 Cross Complainant is entitled to the relief claimed upon the grounds alleged or otherwise or at 8 all 9 FIRST AFFIRMATIVE DEFENSE 10 2 That Cross complainant is barred from recovery herein as the Cross Complaint and 11 Cross Complainant fail to state facts sufficient to constitute a cause of action against this 12 answering Cross Defendant 13 SECOND AFFIRMATIVE DEFENSE 14 3 The action is barred and or must be abated based on California Code of Civil 15 Procedure Section 430 10 b in that Cross Complainant has no legal capacity to sue 16 THIRD AFFIRMATIVE DEFENSE 17 4 The action is barred and or must be abated based on California Code of Civil 18 Procedure Section 430 10 d in that there is a defect or misjoinder of parties 19 FOURTH AFFIRMATIVE DEFENSE 20 5 The Cross Complainant is barred from recovery herein as it has released all of its 21 rights in a written document or otherwise 22 FIFTH AFFIRMATIVE DEFENSE 23 6 This Cross Defendant its agents or employees are not liable for the damages if 24 any alleged in the Cross Complaint in that such damages if any were the result of no human 25 intervention but were solely caused by an irresistible superhuman cause or Act of God which 26 was unforeseeable and whose effects could not be prevented by the exercise of prudence diligence 27 and care 28 LEWIS BRISBOIS 4831 0600 1612 1 2 BISGAARD ANSWER OF CROSS DEFENDANT GREGG ELECTRiC INC TO SM9iH LLP noaN r W s CROSS COMPLAINT OF DUKE REALTY LINIITED PARTNERSHII