Preview
1 Roger R. Bracken (SBN 284078)
rrbracken@ww.law
2 WOLFE & WYMAN LLP
2212 Dupont Drive
3 Irvine, California 92612-1525
Telephone: (949) 475-9200
4 Facsimile: (949) 475-9203
5 Attorneys for DEFENDANT,
MATTHEW MARSHALL [DOE 3]
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF KERN – METROPOLITAN DIVISION JUSTICE BUILDING
10
RILEY GODINEZ, Case No.: BCV-23-101763 BCB
11
Plaintiff, ASSIGNED FOR ALL PURPOSES TO THE
12 HON. BERNARD C. BARMANN, JR.
v. DIVISION H
13
CASA TEQUILA LOUNGE; and DOES 1 to 50, DEFENDANT MATTHEW MARSHALL’S
14 inclusive, ANSWER TO PLAINTIFF RILEY
GODINEZ’S COMPLAINT
15 Defendants.
16 Action Filed: June 28, 2023
AND ALL RELATED CROSS-ACTIONS Trial Date: N/A
17
18 TO THE HONARABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
19 COMES NOW Defendant MATTHEW MARSHALL [DOE 3] (“MARSHALL”), who
20 hereby files this Answer to the allegations made by Plaintiff RILEY GODINEZ’s (“PLAINTIFF”)
21 Complaint as follows:
22 GENERAL ALLEGATIONS
23 1. Pursuant to California Code of Civil Procedure § 431.30 (d), MARSHALL denies
24 generally and specifically, each and every allegation within PLAINTIFF’s Complaint (“Complaint”)
25 herein, and the whole thereof, and denies that PLAINTIFF has or will have sustained damages in any
26 sum or sums alleged or in any sum or at all, and further denies that PLAINTIFF is entitled to the
27 relief claimed or any other relief.
28 ///
1
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 2. Further, MARSHALL denies that PLAINTIFF has sustained or will sustain any
2 injuries, damages, or loss by reason of any act or omission of MARSHALL or any of its agents or
3 employees.
4 FIRST AFFIRMATIVE DEFENSE
5 (FAILURE TO STATE A CLAIM OR CAUSE OF ACTION)
6 3. MARSHALL is informed and believes, and thereupon alleges, that each of the
7 purported causes of action in the Complaint fails to state a claim or cause of action against
8 MARSHALL. This defense is alleged in the alternative and does not admit any of the allegations
9 contained in the Complaint.
10 SECOND AFFIRMATIVE DEFENSE
11 (STATUTE OF LIMITATIONS)
12 4. MARSHALL is informed and believes, and thereupon alleges, that each and every
13 purported cause of action contained in the Complaint is barred by the applicable statute of limitations,
14 including, but not limited to, California Code of Civil Procedure §§ 337.1, 337.15, and 338 and
15 California Civil Code §§ 896, et seq. This defense is alleged in the alternative and does not admit any
16 of the allegations contained in the Complaint.
17 THIRD AFFIRMATIVE DEFENSE
18 (LACHES)
19 5. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by
20 virtue of their own acts and/or the acts or omissions of others chargeable to them, has unjustifiably
21 delayed in commencing this action, that said delay has prejudiced the rights of MARSHALL and,
22 therefore, the Complaint should be barred under the Doctrine of Laches. This defense is alleged in
23 the alternative and does not admit any of the allegations contained in the Complaint.
24 FOURTH AFFIRMATIVE DEFENSE
25 (ESTOPPEL)
26 6. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by
27 virtue of its own acts and/or the acts or omissions of others chargeable to it, is estopped from obtaining
28 relief sought from MARSHALL. This defense is alleged in the alternative and does not admit any of
2
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 the allegations contained in the Complaint.
2 FIFTH AFFIRMATIVE DEFENSE
3 (UNCLEAN HANDS)
4 7. MARSHALL is informed and believes, and thereupon alleges, that the Complaint
5 should be barred due to the unclean hands of PLAINTIFF, by virtue of its own acts and/or the acts or
6 omissions of others chargeable to it. This defense is alleged in the alternative and does not admit any
7 of the allegations contained in the Complaint.
8 SIXTH AFFIRMATIVE DEFENSE
9 (FRAUD AND DECEIT OF PLAINTIFF)
10 8. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s
11 damages, if any, were proximately and concurrently caused or contributed to by the fraud, deceit, or
12 other wrongful misconduct of PLAINTIFF and/or the injured party, by virtue of their own acts and/or
13 the acts or omissions of others chargeable to them. This defense is alleged in the alternative and does
14 not admit any of the allegations contained in the Complaint.
15 SEVENTH AFFIRMATIVE DEFENSE
16 (FRAUD AND DECEIT OF OTHER PARTIES)
17 9. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s
18 damages, if any, were proximately and concurrently caused or contributed to by the fraud, deceit or
19 other wrongful misconduct of persons or entities for which MARSHALL is not responsible. This
20 defense is alleged in the alternative and does not admit any of the allegations contained in the
21 Complaint.
22 EIGHTH AFFIRMATIVE DEFENSE
23 (APPORTIONMENT OF FAULT)
24 10. MARSHALL asserts that PLAINTIFF, or third parties, other than MARSHALL
25 caused or contributed to the damages PLAINTIFF claims to have suffered. Therefore, any award
26 made in favor of PLAINTIFF in this case must be divided and apportioned between the parties so
27 that each pays only his, her, or its fair share in relationship to his, her, or its amount of fault.
28 ///
3
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 NINTH AFFIRMATIVE DEFENSE
2 (COMPARATIVE NEGLIGENCE)
3 11. MARSHALL is informed and believes, and thereupon alleges, that at the time and
4 place of the incident herein alleged, PLAINTIFF did not exercise ordinary care, caution or prudence
5 to avoid the incident and resulting injuries sustained by PLAINTIFF if any, which were proximately
6 caused and contributed to by the negligence of PLAINTIFF, and/or others chargeable to them, and
7 as such, PLAINTIFF, and/or the injured party are subject to the doctrine of comparative negligence,
8 and any award should be reduced by the amount of said negligence by which PLAINTIFF, and/or
9 others chargeable to them, proximately contributed. This defense is alleged in the alternative and does
10 not admit any of the allegations contained in the Complaint.
11 TENTH AFFIRMATIVE DEFENSE
12 (MULTIPLE CAUSATION/CONTRIBUTION)
13 12. MARSHALL is informed and believes, and thereupon alleges, that if MARSHALL is
14 subjected to any liability to PLAINTIFF herein it will be due in whole and/or in part to the conduct,
15 acts, omissions and/or activities of third parties, other than MARSHALL, who legally caused and/or
16 contributed to the events leading up to the incidents which form the bases for the allegations contained
17 in the Complaint and therefore, MARSHALL is entitled to a judicial determination of the percentage
18 of fault of each party who is a legal cause of the injuries and damages, if any, sustained by
19 PLAINTIFF. This defense is alleged in the alternative and does not admit any of the allegations
20 contained in the Complaint.
21 ELEVENTH AFFIRMATIVE DEFENSE
22 (SPECULATIVE DAMAGES)
23 13. MARSHALL is informed and believes, and thereupon alleges, that the damages in
24 PLAINTIFF’s Complaint are impermissibly remote and speculative, and, therefore, PLAINTIFF are
25 barred from recovery of any such damages against MARSHALL. This defense is alleged in the
26 alternative and does not admit any of the allegations contained in the Complaint.
27 ///
28 ///
4
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 TWELFTH AFFIRMATIVE DEFENSE
2 (INEVITABLE OR UNAVOIDABLE ACCIDENT)
3 14. MARSHALL asserts that the damages complained of by PLAINTIFF, if any, resulted
4 from an inevitable or unavoidable accident, thereby barring, either partially or totally, PLAINTIFF’s
5 claimed damages herein.
6 THIRTEENTH AFFIRMATIVE DEFENSE
7 (FAILURE TO EXERCISE DUE CARE)
8 15. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s
9 Complaint is barred in whole or part in that PLAINTIFF, by virtue of their own acts and/or the acts
10 or omissions of others chargeable to them, failed to exercise the quality and quantity of care and
11 caution for which a reasonable individual in the same or similar circumstances would have exercised;
12 said failure and negligence of PLAINTIFF proximately caused and contributed to the alleged
13 damages; and any recovery by PLAINTIFF should thereby be diminished or barred. This defense is
14 alleged in the alternative and does not admit any of the allegations contained in the Complaint.
15 FOURTEENTH AFFIRMATIVE DEFENSE
16 (DAMAGES CLAIMED ATTRIBUTABLE TO PLAINTIFF)
17 16. MARSHALL is informed and believes, and thereupon alleges, that injuries, if any,
18 suffered by PLAINTIFF and/or the injured party were caused by the acts, omissions, and wrongdoing
19 of PLAINTIFF and/or the injured party by virtue of its own acts and/or the acts or omissions of others
20 chargeable to it, and not any acts, omissions, or wrongdoing by MARSHALL. This defense is alleged
21 in the alternative and does not admit any of the allegations contained in the Complaint.
22 FIFTEENTH AFFIRMATIVE DEFENSE
23 (DAMAGES CAUSED BY NEGLIGENCE OF PLAINTIFF)
24 17. MARSHALL is informed and believes, and thereupon alleges, that at all times alleged
25 in the Complaint, PLAINTIFF, by virtue of its own acts and/or the acts or omissions of others
26 chargeable to it, failed to exercise ordinary and reasonable care on PLAINTIFF’s own behalf and
27 negligently and carelessly was the proximate cause of some portion, up to and including the whole
28 thereof, of PLAINTIFF alleged injuries and damages, if any, and therefore, PLAINTIFF’s recovery,
5
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 if any, should be barred and/or reduced according to law, up to and including the whole thereof. This
2 defense is alleged in the alternative and does not admit any of the allegations contained in the
3 Complaint.
4 SIXTEENTH AFFIRMATIVE DEFENSE
5 (DAMAGES CLAIMED ATTRIBUTABLE TO PLAINTIFF)
6 18. MARSHALL is informed and believes, and thereupon alleges, that injuries, if any,
7 suffered by PLAINTIFF, and/or the injured party were caused by the acts, omissions, and wrongdoing
8 of PLAINTIFF and/or the injured party by virtue of its own acts and/or the acts or omissions of others
9 chargeable to it, and not any acts, omissions, or wrongdoing by MARSHALL. This defense is alleged
10 in the alternative and does not admit any of the allegations contained in the Complaint.
11 SEVENTEENTH AFFIRMATIVE DEFENSE
12 (DAMAGES CLAIMED ATTRIBUTABLE TO UNKNOWN PARTIES)
13 19. MARSHALL is informed and believes, and thereupon alleges, that if MARSHALL is
14 subjected to any liability to PLAINTIFF herein, it will be due in whole and/or in part to the conduct,
15 acts, omissions and/or activities of a party and/or parties unknown to MARSHALL at this time, and
16 any recovery obtained by PLAINTIFF should be barred and/or reduced according to law, up to and
17 including the whole thereof. This defense is alleged in the alternative and does not admit any of the
18 allegations contained in the Complaint.
19 EIGHTEENTH AFFIRMATIVE DEFENSE
20 (DAMAGES CLAIMED ATTRIBUTABLE TO THIRD PARTIES)
21 20. MARSHALL is informed and believes, and thereupon alleges, that if MARSHALL is
22 subjected to any liability to PLAINTIFF herein, it will be due in whole and/or in part to the conduct,
23 acts, omissions and/or activities of other defendants and/or third parties, and any recovery obtained
24 by PLAINTIFF should be barred and/or reduced according to law, up to and including the whole
25 thereof. This defense is alleged in the alternative and does not admit any of the allegations contained
26 in the Complaint.
27 ///
28 ///
6
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 NINETEENTH AFFIRMATIVE DEFENSE
2 (INTERVENING AND SUPERSEDING CAUSE)
3 21. MARSHALL is informed and believes, and thereupon alleges, that the injuries and
4 damages of which PLAINTIFF allege, if any, were proximately caused and contributed to by the acts
5 of other third parties, Defendants, Cross-Defendants, persons, and entities, and said acts were the
6 intervening and superseding causes of injuries and damages, if any, of which, PLAINTIFF complains,
7 and should thus bar PLAINTIFF from any recovery from MARSHALL. This defense is alleged in
8 the alternative and does not admit any of the allegations contained in the Complaint.
9 TWENTIETH AFFIRMATIVE DEFENSE
10 (PROPOSITION 51)
11 22. MARSHALL is informed and believes, and thereupon alleges, that in the event that
12 MARSHALL is found to be liable, which liability is denied and merely stated for the purpose of this
13 affirmative defense, such liability, if any, for non-economic damages shall be several, and not joint,
14 pursuant to the Fair Responsibility Act of 1986, § 1431, et seq. of the California Civil Code.
15 MARSHALL requests that the trier of fact be instructed that the amount of non-economic damages
16 be allocated in direct proportion to the percentage of fault, if any, assessed against each person or
17 entity to which the Act applies and that a separate judgment be rendered against each such person or
18 entity in the amount of such non-economic damages. This defense is alleged in the alternative and
19 does not admit any of the allegations contained in the Complaint.
20 TWENTY-FIRST AFFIRMATIVE DEFENSE
21 (LACK OF DUTY)
22 23. MARSHALL is informed and believes, and thereupon alleges, that MARSHALL
23 owed no duty to PLAINTIFF with regard to the matters alleged. This defense is alleged in the
24 alternative and does not admit any of the allegations contained in the Complaint.
25 TWENTY-SECOND AFFIRMATIVE DEFENSE
26 (LACK OF NOTICE)
27 24. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF failed
28 to give proper and adequate notice of any claimed alleged defects and/or dangerous condition(s)
7
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 which are the subject of this Action. This defense is alleged in the alternative and does not admit any
2 of the allegations contained in the Complaint. This defense is alleged in the alternative and does not
3 admit any of the allegations contained in the Complaint.
4 TWENTY-THIRD AFFIRMATIVE DEFENSE
5 (OPEN AND OBVIOUS)
6 25. MARSHALL is informed and believes, and thereupon alleges, that the allegedly
7 dangerous condition of which PLAINTIFF complains, if any, was open and obvious and thus the
8 MARSHALL had no duty to warn of same. This defense is alleged in the alternative and does not
9 admit any of the allegations contained in the Complaint.
10 TWENTY-FOURTH AFFIRMATIVE DEFENSE
11 (ASSUMPTION OF RISK)
12 26. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF
13 should be barred from recovery to the extent that PLAINTIFF, and/or the inured party, by virtue of
14 their own acts and/or the acts or omissions of others chargeable to them, assumed the risk of any
15 damages which they may have suffered. This defense is alleged in the alternative and does not admit
16 any of the allegations contained in the Complaint.
17 TWENTY-FIFTH AFFIRMATIVE DEFENSE
18 (LACK OF PROXIMATE CAUSE)
19 27. MARSHALL is informed and believes, and thereupon alleges, that any alleged
20 conduct or omission by MARSHALL was not the cause in fact, or proximate cause, of any injuries
21 or damages alleged by PLAINTIFF. This defense is alleged in the alternative and does not admit any
22 of the allegations contained in the Complaint.
23 TWENTY-SIXTH AFFIRMATIVE DEFENSE
24 (NO LIABILITY FOR THIRD PARTY ACTS)
25 28. MARSHALL is informed and believes, and thereupon alleges, that MARSHALL is
26 not liable for the independent acts of third parties and PLAINTIFF’s damages, if any, are attributable
27 to acts of third parties. This defense is alleged in the alternative and does not admit any of the
28 allegations contained in the Complaint.
8
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
2 (WAIVER)
3 29. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by
4 virtue of its own acts and/or the acts or omissions of others chargeable to it, voluntarily and knowingly
5 failed to take action to protect PLAINTIFF’s rights and thus has waived such rights. This defense is
6 alleged in the alternative and does not admit any of the allegations contained in the Complaint.
7 TWENTY- EIGHTH AFFIRMATIVE DEFENSE
8 (FAILURE TO NAME INDISPENSABLE PARTIES)
9 30. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by
10 virtue of their own acts and/or the acts or omissions of others chargeable to it, failed to join all
11 indispensable parties as defendants to the Complaint. This defense is alleged in the alternative and
12 does not admit any of the allegations contained in the Complaint.
13 TWENTY-NINETH AFFIRMATIVE DEFENSE
14 (UNCERTAIN, AMBIGUOUS, AND UNINTELLIGIBLE COMPLAINT)
15 31. MARSHALL is informed and believes, and thereupon alleges, that the Complaint is
16 uncertain, ambiguous, and unintelligible in that PLAINTIFF, by virtue of its own acts and/or the acts
17 or omissions of others chargeable to it, did not consistently define the terms employed in the
18 Complaint with respect to various parties and properties, and the terms are otherwise unintelligible.
19 This defense is alleged in the alternative and does not admit any of the allegations contained in the
20 Complaint.
21 THIRTIETH AFFIRMATIVE DEFENSE
22 (FAILURE TO MITIGATE DAMAGES)
23 32. MARSHALL is informed and believes, and thereupon alleges, that any recovery by
24 PLAINTIFF, PLAINTIFF, and/or the injured party is barred by their failure to mitigate damages, or
25 that any recovery must be reduced by those damages that PLAINTIFF, PLAINTIFF, and/or the
26 injured party, by virtue of their own acts and/or the acts or omissions of others chargeable to them,
27 failed to mitigate. This defense is alleged in the alternative and does not admit any of the allegations
28 contained in the Complaint.
9
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 THIRTY-FIRST AFFIRMATIVE DEFENSE
2 (CONSENT)
3 33. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by
4 virtue of its own acts and/or the acts or omissions of others chargeable to it, at all times gave its
5 consent, express or implied, to the acts, omissions, and conduct alleged of MARSHALL in the
6 Complaint. This defense is alleged in the alternative and does not admit any of the allegations
7 contained in the Complaint.
8 THIRTY-SECOND AFFIRMATIVE DEFENSE
9 (RATIFICATION)
10 34. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by
11 virtue of its own acts and/or the acts or omissions of others chargeable to it, ratified the alleged acts
12 of MARSHALL. This defense is alleged in the alternative and does not admit any of the allegations
13 contained in the Complaint.
14 THIRTY-THIRD AFFIRMATIVE DEFENSE
15 (DAMAGES SET-OFF)
16 35. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s
17 damages, if any, are set-off by any value and/or benefit PLAINTIFF obtained due to their own
18 conduct and/or contributory negligence and/or the conduct and/or contributory negligence of others
19 chargeable to them, and any recovery by PLAINTIFF should be barred and/or reduced according to
20 law, up to and including the whole thereof. This defense is alleged in the alternative and does not
21 admit any of the allegations contained in the Complaint.
22 THIRTY-FOURTH AFFIRMATIVE DEFENSE
23 (COMPLIANCE WITH STANDARD OF CARE)
24 36. MARSHALL is informed and believes, and thereupon alleges, that MARSHALL at
25 all material times complied with the standard of care applicable to MARSHALL’s industry at all
26 times and locations of the services allegedly rendered by MARSHALL and therefore, any recovery
27 by PLAINTIFF should be barred. This defense is alleged in the alternative and does not admit any of
28 the allegations contained in the Complaint.
10
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 THIRTY-FIFTH AFFIRMATIVE DEFENSE
2 (CAL. CODE OF CIV. PROC. § 1431.2)
3 37. MARSHALL is informed and believes, and thereupon alleges, that the right of
4 PLAINTIFF to recovery herein, if any right exists, is reduced and limited to the percentage of
5 negligence attributable to MARSHALL, pursuant to California Code of Civil Procedure § 1431.2.
6 This defense is alleged in the alternative and does not admit any of the allegations contained in the
7 Complaint.
8 THIRTY-SIXTH AFFIRMATIVE DEFENSE
9 (CIVIL CODE § 1431.2)
10 38. MARSHALL are informed and believe, and thereupon allege, that parties both served
11 and unserved, named and unnamed, and PLAINTIFF, are in some manner or percentage responsible
12 for PLAINTIFF’s injuries or non-economic damages, if any, and MARSHALL requires an Order
13 from the trier of fact setting forth separate judgments, against each and every party, named and
14 unnamed, served and unserved, and PLAINTIFF, for the amount of all non-economic damages that
15 may be recovered by PLAINTIFF in direct proportion to the percentage of fault of each party, named
16 and unnamed, served and unserved, and PLAINTIFF, pursuant to Civil Code § 1431.2. This defense
17 is alleged in the alternative and does not admit any of the allegations contained in the Complaint.
18 THIRTY-SEVENTH AFFIRMATIVE DEFENSE
19 (COMPLIANCE WITH GOVERNMENTAL REGULATIONS)
20 39. MARSHALL is informed and believes, and thereupon alleges, that it has fully
21 complied with all applicable governmental regulations and requirements in connection with the
22 development and construction as alleged in the Complaint and therefore, and any recovery by
23 PLAINTIFF should be barred. This defense is alleged in the alternative and does not admit any of the
24 allegations contained in the Complaint.
25 ///
26 ///
27 ///
28 ///
11
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 THIRTY-EIGHTH AFFIRMATIVE DEFENSE
2 (DAMAGES UNCERTAIN)
3 40. MARSHALL is informed and believes, and thereupon alleges, that the damages
4 claimed by PLAINTIFF in the Complaint are uncertain and thereby preclude calculation and recovery
5 thereof. This defense is alleged in the alternative and does not admit any of the allegations contained
6 in the Complaint.
7 THIRTY-NINETH AFFIRMATIVE DEFENSE
8 (RELEASE)
9 21. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by
10 virtue of their own acts and/or the acts or omissions of others chargeable to it, expressly, impliedly
11 and/or equitably released all rights against MARSHALL in connection with the transaction giving rise
12 to the allegations set forth in the Complaint. This defense is alleged in the alternative and does not
13 admit any of the allegations contained in the Complaint.
14 22. FORTIETH AFFIRMATIVE DEFENSE
15 (NOT LIABLE FOR ACTS OF DOES)
16 41. MARSHALL asserts that it is not legally responsible for the acts and/or omissions of
17 those Defendants named herein as DOES 4 through 50, inclusive. This defense is alleged in the
18 alternative and does not admit any of the allegations contained in the Complaint.
19 FORTY-FIRST AFFIRMATIVE DEFENSE
20 (RIGHT TO ADD ADDITIONAL AFFIRMATIVE DEFENSES)
21 42. MARSHALL is informed and believes, and thereupon alleges, that because the
22 Complaint herein is couched in conclusory terms, MARSHALL cannot fully anticipate all affirmative
23 defenses that may be applicable to the within action. Accordingly, the right to assert additional
24 affirmative defenses, if and to the extent that such affirmative defenses are applicable, is hereby
25 reserved. This defense is alleged in the alternative and does not admit any of the allegations contained
26 in the Complaint.
27 ///
28 ///
12
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 WHEREFORE, MARSHALL prays as follows:
2 1. That PLAINTIFF takes nothing by their Complaint;
3 2. If liability is assessed against MARSHALL, that the liability attributed to
4 MARSHALL be limited in direct proportion to the percentage of fault actually
5 attributable to MARSHALL;
6 3. For costs of suit and attorneys’ fees incurred herein; and
7 4. For any such other and further relief as the Court deems just and proper.
8
9 Respectfully Submitted
10 DATED: March 15, 2024 WOLFE & WYMAN LLP
11
By:
12
ROGER R. BRACKEN
13 Attorneys for DEFENDANT,
MATTHEW MARSHALL [DOE 3]
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
13
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA )
) ss.
3 COUNTY OF LOS ANGELES )
4 I, JODEE CARROLL, declare:
5 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within
action. My business and e-mail addresses are as follows: 633 W. 5TH Street, Suite 2683, Los Angeles, California 90071;
6 jcarroll@ww.law.
7 On March 15, 2024, I served the document(s) described as DEFENDANT MATTHEW MARSHALL’S ANSWER
TO PLAINTIFF RILEY GODINEZ’S COMPLAINT on all interested parties as follows:
8
BY MAIL as stated on the ATTACHED SERVICE LIST as follows:
9
⌧ STATE - I am “readily familiar” with Wolfe & Wyman LLP’s practice of collection and processing
10 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 Los Angeles, California, in the ordinary course of business. I
11 am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one (1) day after date of deposit for mailing in affidavit.
12
FEDERAL – I deposited such envelope in the U.S. Mail at Los Angeles, California, with postage
13 thereon fully prepaid.
14
⌧ BY ELECTRONIC MAIL SERVICE as follows: I caused the following party(s) to be served the above
15 listed document(s) by electronic mail service at the following email addresses to the party(ies) noted on the
attached Service List: SEE ATTACHED SERVICE LIST
16 BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight
courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly
17 maintained by the overnight courier service with delivery fees paid or provided for.
18 ⌧ STATE I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.
19
FEDERAL I declare that I am employed in the offices of a member of the State Bar of this Court at
20 whose direction the service was made.
21 Executed on March 15, 2024, at Los Angeles, California.
22
JoDee Carroll
[Signature]
23
24
25
26
27
28
14
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
1 SERVICE LIST
KERN COUNTY CASE NO.: BCV-23-101763
2 RILEY GODINEZ vs. CASA TEQUILA LOUNGE, et al.
W&W File No. 1974-108
3 [Revised: February 8, 2024]
4
5 Alexander J. Zeesman, Esq. Attorneys for Plaintiff, RILEY GODINEZ
ACCIDENT FIGHTERS, APC
6 11145 Tampa Avenue, Suite 4B T: [855] 646-4878
Porter Ranch, CA 91326 F: [855] 450-0989
7 Email: contact@accidentfighters.com
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15
DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT
4853350.1
Preview
1 Roger R. Bracken (SBN 284078) rrbracken@ww.law 2 WOLFE & WYMAN LLP 2212 Dupont Drive 3 Irvine, California 92612-1525 Telephone: (949) 475-9200 4 Facsimile: (949) 475-9203 5 Attorneys for DEFENDANT, MATTHEW MARSHALL [DOE 3] 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN – METROPOLITAN DIVISION JUSTICE BUILDING 10 RILEY GODINEZ, Case No.: BCV-23-101763 BCB 11 Plaintiff, ASSIGNED FOR ALL PURPOSES TO THE 12 HON. BERNARD C. BARMANN, JR. v. DIVISION H 13 CASA TEQUILA LOUNGE; and DOES 1 to 50, DEFENDANT MATTHEW MARSHALL’S 14 inclusive, ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 15 Defendants. 16 Action Filed: June 28, 2023 AND ALL RELATED CROSS-ACTIONS Trial Date: N/A 17 18 TO THE HONARABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 19 COMES NOW Defendant MATTHEW MARSHALL [DOE 3] (“MARSHALL”), who 20 hereby files this Answer to the allegations made by Plaintiff RILEY GODINEZ’s (“PLAINTIFF”) 21 Complaint as follows: 22 GENERAL ALLEGATIONS 23 1. Pursuant to California Code of Civil Procedure § 431.30 (d), MARSHALL denies 24 generally and specifically, each and every allegation within PLAINTIFF’s Complaint (“Complaint”) 25 herein, and the whole thereof, and denies that PLAINTIFF has or will have sustained damages in any 26 sum or sums alleged or in any sum or at all, and further denies that PLAINTIFF is entitled to the 27 relief claimed or any other relief. 28 /// 1 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 2. Further, MARSHALL denies that PLAINTIFF has sustained or will sustain any 2 injuries, damages, or loss by reason of any act or omission of MARSHALL or any of its agents or 3 employees. 4 FIRST AFFIRMATIVE DEFENSE 5 (FAILURE TO STATE A CLAIM OR CAUSE OF ACTION) 6 3. MARSHALL is informed and believes, and thereupon alleges, that each of the 7 purported causes of action in the Complaint fails to state a claim or cause of action against 8 MARSHALL. This defense is alleged in the alternative and does not admit any of the allegations 9 contained in the Complaint. 10 SECOND AFFIRMATIVE DEFENSE 11 (STATUTE OF LIMITATIONS) 12 4. MARSHALL is informed and believes, and thereupon alleges, that each and every 13 purported cause of action contained in the Complaint is barred by the applicable statute of limitations, 14 including, but not limited to, California Code of Civil Procedure §§ 337.1, 337.15, and 338 and 15 California Civil Code §§ 896, et seq. This defense is alleged in the alternative and does not admit any 16 of the allegations contained in the Complaint. 17 THIRD AFFIRMATIVE DEFENSE 18 (LACHES) 19 5. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by 20 virtue of their own acts and/or the acts or omissions of others chargeable to them, has unjustifiably 21 delayed in commencing this action, that said delay has prejudiced the rights of MARSHALL and, 22 therefore, the Complaint should be barred under the Doctrine of Laches. This defense is alleged in 23 the alternative and does not admit any of the allegations contained in the Complaint. 24 FOURTH AFFIRMATIVE DEFENSE 25 (ESTOPPEL) 26 6. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by 27 virtue of its own acts and/or the acts or omissions of others chargeable to it, is estopped from obtaining 28 relief sought from MARSHALL. This defense is alleged in the alternative and does not admit any of 2 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 the allegations contained in the Complaint. 2 FIFTH AFFIRMATIVE DEFENSE 3 (UNCLEAN HANDS) 4 7. MARSHALL is informed and believes, and thereupon alleges, that the Complaint 5 should be barred due to the unclean hands of PLAINTIFF, by virtue of its own acts and/or the acts or 6 omissions of others chargeable to it. This defense is alleged in the alternative and does not admit any 7 of the allegations contained in the Complaint. 8 SIXTH AFFIRMATIVE DEFENSE 9 (FRAUD AND DECEIT OF PLAINTIFF) 10 8. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s 11 damages, if any, were proximately and concurrently caused or contributed to by the fraud, deceit, or 12 other wrongful misconduct of PLAINTIFF and/or the injured party, by virtue of their own acts and/or 13 the acts or omissions of others chargeable to them. This defense is alleged in the alternative and does 14 not admit any of the allegations contained in the Complaint. 15 SEVENTH AFFIRMATIVE DEFENSE 16 (FRAUD AND DECEIT OF OTHER PARTIES) 17 9. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s 18 damages, if any, were proximately and concurrently caused or contributed to by the fraud, deceit or 19 other wrongful misconduct of persons or entities for which MARSHALL is not responsible. This 20 defense is alleged in the alternative and does not admit any of the allegations contained in the 21 Complaint. 22 EIGHTH AFFIRMATIVE DEFENSE 23 (APPORTIONMENT OF FAULT) 24 10. MARSHALL asserts that PLAINTIFF, or third parties, other than MARSHALL 25 caused or contributed to the damages PLAINTIFF claims to have suffered. Therefore, any award 26 made in favor of PLAINTIFF in this case must be divided and apportioned between the parties so 27 that each pays only his, her, or its fair share in relationship to his, her, or its amount of fault. 28 /// 3 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 NINTH AFFIRMATIVE DEFENSE 2 (COMPARATIVE NEGLIGENCE) 3 11. MARSHALL is informed and believes, and thereupon alleges, that at the time and 4 place of the incident herein alleged, PLAINTIFF did not exercise ordinary care, caution or prudence 5 to avoid the incident and resulting injuries sustained by PLAINTIFF if any, which were proximately 6 caused and contributed to by the negligence of PLAINTIFF, and/or others chargeable to them, and 7 as such, PLAINTIFF, and/or the injured party are subject to the doctrine of comparative negligence, 8 and any award should be reduced by the amount of said negligence by which PLAINTIFF, and/or 9 others chargeable to them, proximately contributed. This defense is alleged in the alternative and does 10 not admit any of the allegations contained in the Complaint. 11 TENTH AFFIRMATIVE DEFENSE 12 (MULTIPLE CAUSATION/CONTRIBUTION) 13 12. MARSHALL is informed and believes, and thereupon alleges, that if MARSHALL is 14 subjected to any liability to PLAINTIFF herein it will be due in whole and/or in part to the conduct, 15 acts, omissions and/or activities of third parties, other than MARSHALL, who legally caused and/or 16 contributed to the events leading up to the incidents which form the bases for the allegations contained 17 in the Complaint and therefore, MARSHALL is entitled to a judicial determination of the percentage 18 of fault of each party who is a legal cause of the injuries and damages, if any, sustained by 19 PLAINTIFF. This defense is alleged in the alternative and does not admit any of the allegations 20 contained in the Complaint. 21 ELEVENTH AFFIRMATIVE DEFENSE 22 (SPECULATIVE DAMAGES) 23 13. MARSHALL is informed and believes, and thereupon alleges, that the damages in 24 PLAINTIFF’s Complaint are impermissibly remote and speculative, and, therefore, PLAINTIFF are 25 barred from recovery of any such damages against MARSHALL. This defense is alleged in the 26 alternative and does not admit any of the allegations contained in the Complaint. 27 /// 28 /// 4 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 TWELFTH AFFIRMATIVE DEFENSE 2 (INEVITABLE OR UNAVOIDABLE ACCIDENT) 3 14. MARSHALL asserts that the damages complained of by PLAINTIFF, if any, resulted 4 from an inevitable or unavoidable accident, thereby barring, either partially or totally, PLAINTIFF’s 5 claimed damages herein. 6 THIRTEENTH AFFIRMATIVE DEFENSE 7 (FAILURE TO EXERCISE DUE CARE) 8 15. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s 9 Complaint is barred in whole or part in that PLAINTIFF, by virtue of their own acts and/or the acts 10 or omissions of others chargeable to them, failed to exercise the quality and quantity of care and 11 caution for which a reasonable individual in the same or similar circumstances would have exercised; 12 said failure and negligence of PLAINTIFF proximately caused and contributed to the alleged 13 damages; and any recovery by PLAINTIFF should thereby be diminished or barred. This defense is 14 alleged in the alternative and does not admit any of the allegations contained in the Complaint. 15 FOURTEENTH AFFIRMATIVE DEFENSE 16 (DAMAGES CLAIMED ATTRIBUTABLE TO PLAINTIFF) 17 16. MARSHALL is informed and believes, and thereupon alleges, that injuries, if any, 18 suffered by PLAINTIFF and/or the injured party were caused by the acts, omissions, and wrongdoing 19 of PLAINTIFF and/or the injured party by virtue of its own acts and/or the acts or omissions of others 20 chargeable to it, and not any acts, omissions, or wrongdoing by MARSHALL. This defense is alleged 21 in the alternative and does not admit any of the allegations contained in the Complaint. 22 FIFTEENTH AFFIRMATIVE DEFENSE 23 (DAMAGES CAUSED BY NEGLIGENCE OF PLAINTIFF) 24 17. MARSHALL is informed and believes, and thereupon alleges, that at all times alleged 25 in the Complaint, PLAINTIFF, by virtue of its own acts and/or the acts or omissions of others 26 chargeable to it, failed to exercise ordinary and reasonable care on PLAINTIFF’s own behalf and 27 negligently and carelessly was the proximate cause of some portion, up to and including the whole 28 thereof, of PLAINTIFF alleged injuries and damages, if any, and therefore, PLAINTIFF’s recovery, 5 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 if any, should be barred and/or reduced according to law, up to and including the whole thereof. This 2 defense is alleged in the alternative and does not admit any of the allegations contained in the 3 Complaint. 4 SIXTEENTH AFFIRMATIVE DEFENSE 5 (DAMAGES CLAIMED ATTRIBUTABLE TO PLAINTIFF) 6 18. MARSHALL is informed and believes, and thereupon alleges, that injuries, if any, 7 suffered by PLAINTIFF, and/or the injured party were caused by the acts, omissions, and wrongdoing 8 of PLAINTIFF and/or the injured party by virtue of its own acts and/or the acts or omissions of others 9 chargeable to it, and not any acts, omissions, or wrongdoing by MARSHALL. This defense is alleged 10 in the alternative and does not admit any of the allegations contained in the Complaint. 11 SEVENTEENTH AFFIRMATIVE DEFENSE 12 (DAMAGES CLAIMED ATTRIBUTABLE TO UNKNOWN PARTIES) 13 19. MARSHALL is informed and believes, and thereupon alleges, that if MARSHALL is 14 subjected to any liability to PLAINTIFF herein, it will be due in whole and/or in part to the conduct, 15 acts, omissions and/or activities of a party and/or parties unknown to MARSHALL at this time, and 16 any recovery obtained by PLAINTIFF should be barred and/or reduced according to law, up to and 17 including the whole thereof. This defense is alleged in the alternative and does not admit any of the 18 allegations contained in the Complaint. 19 EIGHTEENTH AFFIRMATIVE DEFENSE 20 (DAMAGES CLAIMED ATTRIBUTABLE TO THIRD PARTIES) 21 20. MARSHALL is informed and believes, and thereupon alleges, that if MARSHALL is 22 subjected to any liability to PLAINTIFF herein, it will be due in whole and/or in part to the conduct, 23 acts, omissions and/or activities of other defendants and/or third parties, and any recovery obtained 24 by PLAINTIFF should be barred and/or reduced according to law, up to and including the whole 25 thereof. This defense is alleged in the alternative and does not admit any of the allegations contained 26 in the Complaint. 27 /// 28 /// 6 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 NINETEENTH AFFIRMATIVE DEFENSE 2 (INTERVENING AND SUPERSEDING CAUSE) 3 21. MARSHALL is informed and believes, and thereupon alleges, that the injuries and 4 damages of which PLAINTIFF allege, if any, were proximately caused and contributed to by the acts 5 of other third parties, Defendants, Cross-Defendants, persons, and entities, and said acts were the 6 intervening and superseding causes of injuries and damages, if any, of which, PLAINTIFF complains, 7 and should thus bar PLAINTIFF from any recovery from MARSHALL. This defense is alleged in 8 the alternative and does not admit any of the allegations contained in the Complaint. 9 TWENTIETH AFFIRMATIVE DEFENSE 10 (PROPOSITION 51) 11 22. MARSHALL is informed and believes, and thereupon alleges, that in the event that 12 MARSHALL is found to be liable, which liability is denied and merely stated for the purpose of this 13 affirmative defense, such liability, if any, for non-economic damages shall be several, and not joint, 14 pursuant to the Fair Responsibility Act of 1986, § 1431, et seq. of the California Civil Code. 15 MARSHALL requests that the trier of fact be instructed that the amount of non-economic damages 16 be allocated in direct proportion to the percentage of fault, if any, assessed against each person or 17 entity to which the Act applies and that a separate judgment be rendered against each such person or 18 entity in the amount of such non-economic damages. This defense is alleged in the alternative and 19 does not admit any of the allegations contained in the Complaint. 20 TWENTY-FIRST AFFIRMATIVE DEFENSE 21 (LACK OF DUTY) 22 23. MARSHALL is informed and believes, and thereupon alleges, that MARSHALL 23 owed no duty to PLAINTIFF with regard to the matters alleged. This defense is alleged in the 24 alternative and does not admit any of the allegations contained in the Complaint. 25 TWENTY-SECOND AFFIRMATIVE DEFENSE 26 (LACK OF NOTICE) 27 24. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF failed 28 to give proper and adequate notice of any claimed alleged defects and/or dangerous condition(s) 7 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 which are the subject of this Action. This defense is alleged in the alternative and does not admit any 2 of the allegations contained in the Complaint. This defense is alleged in the alternative and does not 3 admit any of the allegations contained in the Complaint. 4 TWENTY-THIRD AFFIRMATIVE DEFENSE 5 (OPEN AND OBVIOUS) 6 25. MARSHALL is informed and believes, and thereupon alleges, that the allegedly 7 dangerous condition of which PLAINTIFF complains, if any, was open and obvious and thus the 8 MARSHALL had no duty to warn of same. This defense is alleged in the alternative and does not 9 admit any of the allegations contained in the Complaint. 10 TWENTY-FOURTH AFFIRMATIVE DEFENSE 11 (ASSUMPTION OF RISK) 12 26. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF 13 should be barred from recovery to the extent that PLAINTIFF, and/or the inured party, by virtue of 14 their own acts and/or the acts or omissions of others chargeable to them, assumed the risk of any 15 damages which they may have suffered. This defense is alleged in the alternative and does not admit 16 any of the allegations contained in the Complaint. 17 TWENTY-FIFTH AFFIRMATIVE DEFENSE 18 (LACK OF PROXIMATE CAUSE) 19 27. MARSHALL is informed and believes, and thereupon alleges, that any alleged 20 conduct or omission by MARSHALL was not the cause in fact, or proximate cause, of any injuries 21 or damages alleged by PLAINTIFF. This defense is alleged in the alternative and does not admit any 22 of the allegations contained in the Complaint. 23 TWENTY-SIXTH AFFIRMATIVE DEFENSE 24 (NO LIABILITY FOR THIRD PARTY ACTS) 25 28. MARSHALL is informed and believes, and thereupon alleges, that MARSHALL is 26 not liable for the independent acts of third parties and PLAINTIFF’s damages, if any, are attributable 27 to acts of third parties. This defense is alleged in the alternative and does not admit any of the 28 allegations contained in the Complaint. 8 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 2 (WAIVER) 3 29. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by 4 virtue of its own acts and/or the acts or omissions of others chargeable to it, voluntarily and knowingly 5 failed to take action to protect PLAINTIFF’s rights and thus has waived such rights. This defense is 6 alleged in the alternative and does not admit any of the allegations contained in the Complaint. 7 TWENTY- EIGHTH AFFIRMATIVE DEFENSE 8 (FAILURE TO NAME INDISPENSABLE PARTIES) 9 30. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by 10 virtue of their own acts and/or the acts or omissions of others chargeable to it, failed to join all 11 indispensable parties as defendants to the Complaint. This defense is alleged in the alternative and 12 does not admit any of the allegations contained in the Complaint. 13 TWENTY-NINETH AFFIRMATIVE DEFENSE 14 (UNCERTAIN, AMBIGUOUS, AND UNINTELLIGIBLE COMPLAINT) 15 31. MARSHALL is informed and believes, and thereupon alleges, that the Complaint is 16 uncertain, ambiguous, and unintelligible in that PLAINTIFF, by virtue of its own acts and/or the acts 17 or omissions of others chargeable to it, did not consistently define the terms employed in the 18 Complaint with respect to various parties and properties, and the terms are otherwise unintelligible. 19 This defense is alleged in the alternative and does not admit any of the allegations contained in the 20 Complaint. 21 THIRTIETH AFFIRMATIVE DEFENSE 22 (FAILURE TO MITIGATE DAMAGES) 23 32. MARSHALL is informed and believes, and thereupon alleges, that any recovery by 24 PLAINTIFF, PLAINTIFF, and/or the injured party is barred by their failure to mitigate damages, or 25 that any recovery must be reduced by those damages that PLAINTIFF, PLAINTIFF, and/or the 26 injured party, by virtue of their own acts and/or the acts or omissions of others chargeable to them, 27 failed to mitigate. This defense is alleged in the alternative and does not admit any of the allegations 28 contained in the Complaint. 9 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 THIRTY-FIRST AFFIRMATIVE DEFENSE 2 (CONSENT) 3 33. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by 4 virtue of its own acts and/or the acts or omissions of others chargeable to it, at all times gave its 5 consent, express or implied, to the acts, omissions, and conduct alleged of MARSHALL in the 6 Complaint. This defense is alleged in the alternative and does not admit any of the allegations 7 contained in the Complaint. 8 THIRTY-SECOND AFFIRMATIVE DEFENSE 9 (RATIFICATION) 10 34. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by 11 virtue of its own acts and/or the acts or omissions of others chargeable to it, ratified the alleged acts 12 of MARSHALL. This defense is alleged in the alternative and does not admit any of the allegations 13 contained in the Complaint. 14 THIRTY-THIRD AFFIRMATIVE DEFENSE 15 (DAMAGES SET-OFF) 16 35. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF’s 17 damages, if any, are set-off by any value and/or benefit PLAINTIFF obtained due to their own 18 conduct and/or contributory negligence and/or the conduct and/or contributory negligence of others 19 chargeable to them, and any recovery by PLAINTIFF should be barred and/or reduced according to 20 law, up to and including the whole thereof. This defense is alleged in the alternative and does not 21 admit any of the allegations contained in the Complaint. 22 THIRTY-FOURTH AFFIRMATIVE DEFENSE 23 (COMPLIANCE WITH STANDARD OF CARE) 24 36. MARSHALL is informed and believes, and thereupon alleges, that MARSHALL at 25 all material times complied with the standard of care applicable to MARSHALL’s industry at all 26 times and locations of the services allegedly rendered by MARSHALL and therefore, any recovery 27 by PLAINTIFF should be barred. This defense is alleged in the alternative and does not admit any of 28 the allegations contained in the Complaint. 10 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 THIRTY-FIFTH AFFIRMATIVE DEFENSE 2 (CAL. CODE OF CIV. PROC. § 1431.2) 3 37. MARSHALL is informed and believes, and thereupon alleges, that the right of 4 PLAINTIFF to recovery herein, if any right exists, is reduced and limited to the percentage of 5 negligence attributable to MARSHALL, pursuant to California Code of Civil Procedure § 1431.2. 6 This defense is alleged in the alternative and does not admit any of the allegations contained in the 7 Complaint. 8 THIRTY-SIXTH AFFIRMATIVE DEFENSE 9 (CIVIL CODE § 1431.2) 10 38. MARSHALL are informed and believe, and thereupon allege, that parties both served 11 and unserved, named and unnamed, and PLAINTIFF, are in some manner or percentage responsible 12 for PLAINTIFF’s injuries or non-economic damages, if any, and MARSHALL requires an Order 13 from the trier of fact setting forth separate judgments, against each and every party, named and 14 unnamed, served and unserved, and PLAINTIFF, for the amount of all non-economic damages that 15 may be recovered by PLAINTIFF in direct proportion to the percentage of fault of each party, named 16 and unnamed, served and unserved, and PLAINTIFF, pursuant to Civil Code § 1431.2. This defense 17 is alleged in the alternative and does not admit any of the allegations contained in the Complaint. 18 THIRTY-SEVENTH AFFIRMATIVE DEFENSE 19 (COMPLIANCE WITH GOVERNMENTAL REGULATIONS) 20 39. MARSHALL is informed and believes, and thereupon alleges, that it has fully 21 complied with all applicable governmental regulations and requirements in connection with the 22 development and construction as alleged in the Complaint and therefore, and any recovery by 23 PLAINTIFF should be barred. This defense is alleged in the alternative and does not admit any of the 24 allegations contained in the Complaint. 25 /// 26 /// 27 /// 28 /// 11 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 THIRTY-EIGHTH AFFIRMATIVE DEFENSE 2 (DAMAGES UNCERTAIN) 3 40. MARSHALL is informed and believes, and thereupon alleges, that the damages 4 claimed by PLAINTIFF in the Complaint are uncertain and thereby preclude calculation and recovery 5 thereof. This defense is alleged in the alternative and does not admit any of the allegations contained 6 in the Complaint. 7 THIRTY-NINETH AFFIRMATIVE DEFENSE 8 (RELEASE) 9 21. MARSHALL is informed and believes, and thereupon alleges, that PLAINTIFF, by 10 virtue of their own acts and/or the acts or omissions of others chargeable to it, expressly, impliedly 11 and/or equitably released all rights against MARSHALL in connection with the transaction giving rise 12 to the allegations set forth in the Complaint. This defense is alleged in the alternative and does not 13 admit any of the allegations contained in the Complaint. 14 22. FORTIETH AFFIRMATIVE DEFENSE 15 (NOT LIABLE FOR ACTS OF DOES) 16 41. MARSHALL asserts that it is not legally responsible for the acts and/or omissions of 17 those Defendants named herein as DOES 4 through 50, inclusive. This defense is alleged in the 18 alternative and does not admit any of the allegations contained in the Complaint. 19 FORTY-FIRST AFFIRMATIVE DEFENSE 20 (RIGHT TO ADD ADDITIONAL AFFIRMATIVE DEFENSES) 21 42. MARSHALL is informed and believes, and thereupon alleges, that because the 22 Complaint herein is couched in conclusory terms, MARSHALL cannot fully anticipate all affirmative 23 defenses that may be applicable to the within action. Accordingly, the right to assert additional 24 affirmative defenses, if and to the extent that such affirmative defenses are applicable, is hereby 25 reserved. This defense is alleged in the alternative and does not admit any of the allegations contained 26 in the Complaint. 27 /// 28 /// 12 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 WHEREFORE, MARSHALL prays as follows: 2 1. That PLAINTIFF takes nothing by their Complaint; 3 2. If liability is assessed against MARSHALL, that the liability attributed to 4 MARSHALL be limited in direct proportion to the percentage of fault actually 5 attributable to MARSHALL; 6 3. For costs of suit and attorneys’ fees incurred herein; and 7 4. For any such other and further relief as the Court deems just and proper. 8 9 Respectfully Submitted 10 DATED: March 15, 2024 WOLFE & WYMAN LLP 11 By: 12 ROGER R. BRACKEN 13 Attorneys for DEFENDANT, MATTHEW MARSHALL [DOE 3] 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA ) ) ss. 3 COUNTY OF LOS ANGELES ) 4 I, JODEE CARROLL, declare: 5 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business and e-mail addresses are as follows: 633 W. 5TH Street, Suite 2683, Los Angeles, California 90071; 6 jcarroll@ww.law. 7 On March 15, 2024, I served the document(s) described as DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT on all interested parties as follows: 8 BY MAIL as stated on the ATTACHED SERVICE LIST as follows: 9 ⌧ STATE - I am “readily familiar” with Wolfe & Wyman LLP’s practice of collection and processing 10 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 Los Angeles, California, in the ordinary course of business. I 11 am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. 12 FEDERAL – I deposited such envelope in the U.S. Mail at Los Angeles, California, with postage 13 thereon fully prepaid. 14 ⌧ BY ELECTRONIC MAIL SERVICE as follows: I caused the following party(s) to be served the above 15 listed document(s) by electronic mail service at the following email addresses to the party(ies) noted on the attached Service List: SEE ATTACHED SERVICE LIST 16 BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly 17 maintained by the overnight courier service with delivery fees paid or provided for. 18 ⌧ STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 19 FEDERAL I declare that I am employed in the offices of a member of the State Bar of this Court at 20 whose direction the service was made. 21 Executed on March 15, 2024, at Los Angeles, California. 22 JoDee Carroll [Signature] 23 24 25 26 27 28 14 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1 1 SERVICE LIST KERN COUNTY CASE NO.: BCV-23-101763 2 RILEY GODINEZ vs. CASA TEQUILA LOUNGE, et al. W&W File No. 1974-108 3 [Revised: February 8, 2024] 4 5 Alexander J. Zeesman, Esq. Attorneys for Plaintiff, RILEY GODINEZ ACCIDENT FIGHTERS, APC 6 11145 Tampa Avenue, Suite 4B T: [855] 646-4878 Porter Ranch, CA 91326 F: [855] 450-0989 7 Email: contact@accidentfighters.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 DEFENDANT MATTHEW MARSHALL’S ANSWER TO PLAINTIFF RILEY GODINEZ’S COMPLAINT 4853350.1