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Kerry McMahon, Esq. (SBN 172043)
GILSLEIDER, PHAN, DWYER, TRAN & MEYERS
SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY INSURANCE COMPANY
1220 Concord Ave, Suite 260
Concord, CA 94520
(949) 988-6562 Direct Line
(866) 203-8166 Fax
Kerry_McMahon@progressive.com
Attomey for Defendant, HARMANDEEP KAUR BAINS
SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN - UNLIMITED J URISDICTION
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HANNAH LOUISE POON; BLAY NE ) Case No.: BCV-24-100504
11 POON,
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12 PLAINTIFFS,
ANSWER TO COMPLAINT; DEMAND
13 vs. FOR J URY TRIAL
14 HARMANDEEP KAUR BAINS; DOES 1 TO
, COMPLAINT FILED: 02/13/2024
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DEFENDANTS.
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Comes now the defendant(s), HARMANDEEP KAUR BAINS, by and through their
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20 attorney, in accordance with the Code of Civil Procedure in Answerto the Complaint filed
21 herein and state(s):
22 Defendant(s), HARMANDEEP KAUR BAINS, generally deny(ies) each and every
23 allegation of Plaintiff’s(s’) Complaint.
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Defendant(s), HARMANDEEP KAUR BAINS, assert(s) the following affirmative
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defenses.
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FIRST AFFIRMATIVE DEFENSE
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28 Plaintiff(s) and/or Plaintiff’s(s’) insured assumed the risk of any injuries and/or
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ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
damages resulting from the matters set forth in Plaintiff's(s’) Complaint, and such
assumption of the risk by Plaintiff(s) and/or Plaintiff's(s’) insured was/were a proximate
cause of the injuries and/or damages alleged by Plaintiff(s), if any there were.
SECOND AFFIRMATIVE DEFENSE
Based upon information and belief, this/these answering Defendant(s) allege(s)
that other persons or entities, whether or not parties to this action were negligent and
thereby proximately caused or contributed to Plaintiffs(s’) and/or Plaintiff’s(s’) insured’s
alleged injuries and damages. Therefore, should any damages be awarded to Plaintiff(s)
10 such damages must be apportioned among all negligent persons or entities.
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THIRD AFFIRMATIVE DEFENSE
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Plaintiff(s) and/or Plaintiff’s(s’) insured were negligent and careless in and about
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the matters and events set forth in the Complaint and such negligence is imputed to
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15 Plaintiff(s). Therefore, any verdict of the jury in favor of Plaintiff(s) which may be rendered
16 in this case must be reduced by the percentage Plaintiff's(s’) and/or Plaintiff’s(s’)
17 negligence contributed to the accident and injuries complained of, if any there were.
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FOURTH AFFIRMATIVE DEFENSE
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Plaintiffs(s’) Complaint does not state facts sufficient to constitute causes of action
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against this/these answering Defendant(s).
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FIFTH AFFIRMATIVE DEFENSE
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23 Plaintiff(s) lack(s) competence and therefore standing to bring suit in the absence
24 of the appointment of a conservator.
25 SIXTH AFFIRMATIVE DEFENSE
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Plaintiffs(s’) Complaint is barred by Califomia Code of Civil Procedure § 335.1 and
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any and all other applicable statutes of limitation.
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ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL
SEVENTH AFFIRMATIVE DEFENSE
Defendant(s) is/are entitled to a reduction of any settlement or judgment obtained
by the Plaintiff(s) pursuantto Vehicle Code Section 17200 et seq.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff(s) failed to comply with the requirements of Section 583.210 et seq. of the
Califomia Code of Civil Procedure.
NINTH AFFIRMATIVE DEFENSE
Defendant(s) allege(s) that Plaintiff(s) and Defendant(s) entered into an accord,
10 extinguishing the obligation that is the basis of the Complaint, in which Defendant(s)
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agreed in writing to pay Plaintiff(s) and Plaintiff(s) agreed to receive from Defendant(s) the
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sum agreed in full satisfaction and discharge of the obligation.
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Pursuant to the accord, Defendant(s) paid to Plaintiff(s) and Plaintiff(s) accepted
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15 from Defendant(s) the agreed sum in full satisfaction and discharge of the obligation.
16 TENTH AFFIRMATIVE DEFENSE
17 Defendant(s) allege(s) that for a good and valuable consideration, Plaintiff(s) duly
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executed and delivered to Defendant(s) and/or co-tortfeasors a general release in writing
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in which Plaintiff(s) released all responsible Defendants from all liabilityto Plaintiff(s) for
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any and all claims of Plaintiff(s) againstall responsible Defendants, including the alleged
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cause of action set forth in the Complaint, that existed at the date of execution of the
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23 release, or that might thereafter arise against Defendant(s) for, and on account of, any
24 thing or things done by Defendant(s) prior to the date of execution of the release.
25 ELEVENTH AFFIRMATIVE DEFENSE
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Plaintiff(s) and/or Plaintiff’s(s’) insured failed to carry and/or provide automobile
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insurance for the vehicle Plaintiff(s) was/were occupying and/or owning. Furthermore, as
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set forth in Civil Code Section 3333.4, Plaintiff(s) and/or Plaintiff’s(s’) insured's recovery is
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ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
limited as set forth in said statute.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiff(s) and/or P laintiff’s(s’) insured was/were and/or will be convicted of
violation of Vehicle Code Section 23152 and/or Vehicle Code Section 23153, and as
such, said recovery, if any, of Plaintiff(s) and/or Plaintiffs(s’) insured is limited, as is more
fully set forth in Civil Code Section 3333.4.
THIRTEENTH AFFIRMATIVE DEFENSE
If Plaintiff(s) and/or Plaintiff’s(s’) insured suffered any loss, damage or injury at or
10 about the time and place alleged, Plaintiff(s) or Plaintiff’s(s’) insured was under a duty to
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mitigate the damage accruing thereto, if any; and that Plaintiff’s(s’) recovery herein, if any,
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is thereby limited to the cost of mitigation and/or any damages which would have
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necessarily been incurred had timely mitigation been pursued.
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15 FOURTEENTH AFFIRMATIVE DEFENSE
16 In the event that a judgment is rendered against answering Defendant(s) in favor of
17 Plaintiff(s) the extent of answering owner Defendant’s(s’) liability is limited by the terms of
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the Califomia Financial Responsibility laws set forth in Califomia Vehicle Code Sections
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17151 et seq.
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FIFTEENTH AFFIRMATIVE DEFENSE
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Pursuant to the terms of Civil Code Sections 1431.1 through 1431.15, Plaintiff(s)
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23 is/are barred and precluded from recovery against the answering Defendant(s) for any
24 non-economic damages except those allocated in direct proportion to the percentage of
25 fault, if any, to answering Defendant(s).
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WHEREFORE, this/these answering Defendant(s) pray(s) as follows:
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1. That Plaintiff(s) take nothing by reason of Complaint;
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ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
That this/these answering Defendant(s) be given judgment for costs incurred,
and to be incurred;
That any judgment entered against this/these answering Defendant(s) be
reduced by an amount directly proportionate to that degree of fault attributable
to Plaintiff(s) and/or Plaintiff's(s’) insured;
That the Court grant such other relief as it may deem just and proper.
DEMAND FOR J URY TRIAL
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PLEASE TAKE NOTICE that defendant hereby demands a jury trial in the above-
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entitle action.
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14 Dated: March 29, 2024 GILSLEIDER, PHAN, DWYER, TRAN & MEYERS
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16 [te
17 for
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Kerry McMahon
19 Attomey for Defendant,
HARMANDEEP KAUR BAINS
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ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL
PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss:
COUNTY OF CONTRA COSTA )
| am employed in the County of Contra Costa, State of California, | am over the age of 18
and not a pa to the within action; my business address is 1220 Concord Ave, Suite
260, Concord, CA 94520.
| served the foregoing document described as ANSWER TO COMPLAINT AND DEMAND FOR
J URY TRIAL on the parties in this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
SEE ATTACHED SERVICE LIST
10 BY MAIL: | am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with U.S. postal
11 service on that same day with postage thereon fully prepaid at Concord, California, in the
12 ordinary course of business. | am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one day
13 after date of deposit for mailing in affidavit.
14 BY PERSONAL SERVICE: | caused such envelope to be delivered by hand to the offices
of the addressee.
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16 BY OVERNIGHT MAIL: | arranged for such envelope to be delivered to the addressees as
listed on the service list.
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BY FACSIMILE: In addition to regular mail, | sent this document via facsimile to the
18 numbers as listed on the service list and pursuant to CCP §1013(e).
19 BY ELECTRONIC SERVICE: | sent this document via electronic transmission to the
offices of the addressees as listed on the service list and pursuantto CCP §1010.6.
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M (State) | declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
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Oo (Federal) | declare that | am employed in the office of a member of the bar of this court at
23 whose direction the service was made.
24 Executed on April 1, 2024, at Concord, California.
25 Barts ;
26 Roxana Tello
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ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
SERVICE LIST
J ohn Clifford Hall, Esq.
olga@johnchalllaw.com
900 Truxtun Ave Ste 130
Bakersfield, CA 93301
(661) 328-1200/(661) 328-1281 (F)
Attomey for Plaintiffs
HANNAH LOUISE POON and BLAYNE POON
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ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL
Preview
Kerry McMahon, Esq. (SBN 172043) GILSLEIDER, PHAN, DWYER, TRAN & MEYERS SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY INSURANCE COMPANY 1220 Concord Ave, Suite 260 Concord, CA 94520 (949) 988-6562 Direct Line (866) 203-8166 Fax Kerry_McMahon@progressive.com Attomey for Defendant, HARMANDEEP KAUR BAINS SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN - UNLIMITED J URISDICTION 10 HANNAH LOUISE POON; BLAY NE ) Case No.: BCV-24-100504 11 POON, ) 12 PLAINTIFFS, ANSWER TO COMPLAINT; DEMAND 13 vs. FOR J URY TRIAL 14 HARMANDEEP KAUR BAINS; DOES 1 TO , COMPLAINT FILED: 02/13/2024 15 DEFENDANTS. 16 17 18 Comes now the defendant(s), HARMANDEEP KAUR BAINS, by and through their 19 20 attorney, in accordance with the Code of Civil Procedure in Answerto the Complaint filed 21 herein and state(s): 22 Defendant(s), HARMANDEEP KAUR BAINS, generally deny(ies) each and every 23 allegation of Plaintiff’s(s’) Complaint. 24 Defendant(s), HARMANDEEP KAUR BAINS, assert(s) the following affirmative 25 defenses. 26 FIRST AFFIRMATIVE DEFENSE 27 28 Plaintiff(s) and/or Plaintiff’s(s’) insured assumed the risk of any injuries and/or 1 ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL damages resulting from the matters set forth in Plaintiff's(s’) Complaint, and such assumption of the risk by Plaintiff(s) and/or Plaintiff's(s’) insured was/were a proximate cause of the injuries and/or damages alleged by Plaintiff(s), if any there were. SECOND AFFIRMATIVE DEFENSE Based upon information and belief, this/these answering Defendant(s) allege(s) that other persons or entities, whether or not parties to this action were negligent and thereby proximately caused or contributed to Plaintiffs(s’) and/or Plaintiff’s(s’) insured’s alleged injuries and damages. Therefore, should any damages be awarded to Plaintiff(s) 10 such damages must be apportioned among all negligent persons or entities. 11 THIRD AFFIRMATIVE DEFENSE 12 Plaintiff(s) and/or Plaintiff’s(s’) insured were negligent and careless in and about 13 the matters and events set forth in the Complaint and such negligence is imputed to 14 15 Plaintiff(s). Therefore, any verdict of the jury in favor of Plaintiff(s) which may be rendered 16 in this case must be reduced by the percentage Plaintiff's(s’) and/or Plaintiff’s(s’) 17 negligence contributed to the accident and injuries complained of, if any there were. 18 FOURTH AFFIRMATIVE DEFENSE 19 Plaintiffs(s’) Complaint does not state facts sufficient to constitute causes of action 20 against this/these answering Defendant(s). 21 FIFTH AFFIRMATIVE DEFENSE 22 23 Plaintiff(s) lack(s) competence and therefore standing to bring suit in the absence 24 of the appointment of a conservator. 25 SIXTH AFFIRMATIVE DEFENSE 26 Plaintiffs(s’) Complaint is barred by Califomia Code of Civil Procedure § 335.1 and 27 any and all other applicable statutes of limitation. 28 ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL SEVENTH AFFIRMATIVE DEFENSE Defendant(s) is/are entitled to a reduction of any settlement or judgment obtained by the Plaintiff(s) pursuantto Vehicle Code Section 17200 et seq. EIGHTH AFFIRMATIVE DEFENSE Plaintiff(s) failed to comply with the requirements of Section 583.210 et seq. of the Califomia Code of Civil Procedure. NINTH AFFIRMATIVE DEFENSE Defendant(s) allege(s) that Plaintiff(s) and Defendant(s) entered into an accord, 10 extinguishing the obligation that is the basis of the Complaint, in which Defendant(s) 11 agreed in writing to pay Plaintiff(s) and Plaintiff(s) agreed to receive from Defendant(s) the 12 sum agreed in full satisfaction and discharge of the obligation. 13 Pursuant to the accord, Defendant(s) paid to Plaintiff(s) and Plaintiff(s) accepted 14 15 from Defendant(s) the agreed sum in full satisfaction and discharge of the obligation. 16 TENTH AFFIRMATIVE DEFENSE 17 Defendant(s) allege(s) that for a good and valuable consideration, Plaintiff(s) duly 18 executed and delivered to Defendant(s) and/or co-tortfeasors a general release in writing 19 in which Plaintiff(s) released all responsible Defendants from all liabilityto Plaintiff(s) for 20 any and all claims of Plaintiff(s) againstall responsible Defendants, including the alleged 21 cause of action set forth in the Complaint, that existed at the date of execution of the 22 23 release, or that might thereafter arise against Defendant(s) for, and on account of, any 24 thing or things done by Defendant(s) prior to the date of execution of the release. 25 ELEVENTH AFFIRMATIVE DEFENSE 26 Plaintiff(s) and/or Plaintiff’s(s’) insured failed to carry and/or provide automobile 27 insurance for the vehicle Plaintiff(s) was/were occupying and/or owning. Furthermore, as 28 set forth in Civil Code Section 3333.4, Plaintiff(s) and/or Plaintiff’s(s’) insured's recovery is 3 ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL limited as set forth in said statute. TWELFTH AFFIRMATIVE DEFENSE Plaintiff(s) and/or P laintiff’s(s’) insured was/were and/or will be convicted of violation of Vehicle Code Section 23152 and/or Vehicle Code Section 23153, and as such, said recovery, if any, of Plaintiff(s) and/or Plaintiffs(s’) insured is limited, as is more fully set forth in Civil Code Section 3333.4. THIRTEENTH AFFIRMATIVE DEFENSE If Plaintiff(s) and/or Plaintiff’s(s’) insured suffered any loss, damage or injury at or 10 about the time and place alleged, Plaintiff(s) or Plaintiff’s(s’) insured was under a duty to 11 mitigate the damage accruing thereto, if any; and that Plaintiff’s(s’) recovery herein, if any, 12 is thereby limited to the cost of mitigation and/or any damages which would have 13 necessarily been incurred had timely mitigation been pursued. 14 15 FOURTEENTH AFFIRMATIVE DEFENSE 16 In the event that a judgment is rendered against answering Defendant(s) in favor of 17 Plaintiff(s) the extent of answering owner Defendant’s(s’) liability is limited by the terms of 18 the Califomia Financial Responsibility laws set forth in Califomia Vehicle Code Sections 19 17151 et seq. 20 FIFTEENTH AFFIRMATIVE DEFENSE 21 Pursuant to the terms of Civil Code Sections 1431.1 through 1431.15, Plaintiff(s) 22 23 is/are barred and precluded from recovery against the answering Defendant(s) for any 24 non-economic damages except those allocated in direct proportion to the percentage of 25 fault, if any, to answering Defendant(s). 26 27 WHEREFORE, this/these answering Defendant(s) pray(s) as follows: 28 1. That Plaintiff(s) take nothing by reason of Complaint; 4 ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL That this/these answering Defendant(s) be given judgment for costs incurred, and to be incurred; That any judgment entered against this/these answering Defendant(s) be reduced by an amount directly proportionate to that degree of fault attributable to Plaintiff(s) and/or Plaintiff's(s’) insured; That the Court grant such other relief as it may deem just and proper. DEMAND FOR J URY TRIAL 10 PLEASE TAKE NOTICE that defendant hereby demands a jury trial in the above- 11 entitle action. 12 13 14 Dated: March 29, 2024 GILSLEIDER, PHAN, DWYER, TRAN & MEYERS 15 16 [te 17 for 18 Kerry McMahon 19 Attomey for Defendant, HARMANDEEP KAUR BAINS 20 21 22 23 24 25 26 27 28 ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss: COUNTY OF CONTRA COSTA ) | am employed in the County of Contra Costa, State of California, | am over the age of 18 and not a pa to the within action; my business address is 1220 Concord Ave, Suite 260, Concord, CA 94520. | served the foregoing document described as ANSWER TO COMPLAINT AND DEMAND FOR J URY TRIAL on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST 10 BY MAIL: | am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal 11 service on that same day with postage thereon fully prepaid at Concord, California, in the 12 ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day 13 after date of deposit for mailing in affidavit. 14 BY PERSONAL SERVICE: | caused such envelope to be delivered by hand to the offices of the addressee. 15 16 BY OVERNIGHT MAIL: | arranged for such envelope to be delivered to the addressees as listed on the service list. 17 BY FACSIMILE: In addition to regular mail, | sent this document via facsimile to the 18 numbers as listed on the service list and pursuant to CCP §1013(e). 19 BY ELECTRONIC SERVICE: | sent this document via electronic transmission to the offices of the addressees as listed on the service list and pursuantto CCP §1010.6. 20 21 M (State) | declare under penalty of perjury under the laws of the State of California that the above is true and correct. 22 Oo (Federal) | declare that | am employed in the office of a member of the bar of this court at 23 whose direction the service was made. 24 Executed on April 1, 2024, at Concord, California. 25 Barts ; 26 Roxana Tello 27 28 6 ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL SERVICE LIST J ohn Clifford Hall, Esq. olga@johnchalllaw.com 900 Truxtun Ave Ste 130 Bakersfield, CA 93301 (661) 328-1200/(661) 328-1281 (F) Attomey for Plaintiffs HANNAH LOUISE POON and BLAYNE POON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL