Preview
1 Alison M. Crane, SBN 197359
BLEDSOE, DIESTEL, TREPPA & CRANE LLP
2 180 Sansome Street, 5th Floor
San Francisco, California 94104-3713
3 Telephone: (415) 981-5411
Facsimile: (415) 981-0352
4 acrane@bledsoelaw.com
5 Attorneys for Defendant ROY MAYER, an individual
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN MATEO
10
11 BASIL MUFARREH, AN INDIVIDUAL, No. 24CIV00977
AND SUSANNE MUFARREH, AN
12 INDIVIDUAL, DEFENDANT’S ANSWER TO
COMPLAINT
13 Plaintiffs,
14 v.
15 ROY MAYER, an individual, and DOES
1-10, inclusive,
16
Defendants.
17
18 Defendant ROY MAYER (hereinafter “Defendant”), in response to plaintiffs BASIL
19 MUFARREH, AN INDIVIDUAL, AND SUSANNE MUFARREH, AN INDIVIDUAL’S
20 (“Plaintiffs”) Complaint (“Complaint”) for damages on file herein, deny and allege as follows:
21 I. GENERAL DENIAL
22 Pursuant to California Code of Civil Procedure section 431.30, Defendant generally and
23 specifically denies each and every, all and singular, of the allegations contained in said
24 Complaint, and in each cause of action thereof, and in this connection, Defendant further denies
25 that Plaintiff has been injured in any sum, or at all, as a result of any act or omission on the part of
26 this answering Defendant or his agents or employees, if any.
27 II. AFFIRMATIVE DEFENSES
28 As separate affirmative defenses, each interposed separately as to each purported cause of
DEFENDANT’S ANSWER TO COMPLAINT
1 action of the Complaint, Defendant alleges the following:
2 1. AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE to the
3 Complaint and each cause of action alleged therein, Defendant alleges the injuries and
4 damages complained of by Plaintiffs, if any there were, were either wholly or in part directly
5 and proximately caused by the negligence or other wrongful acts or omissions of persons or
6 entities other than this answering Defendant, and said negligence comparatively reduces the
7 proportion of negligence and corresponding liability of this answering Defendant.
8 2. AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE to the
9 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiffs
10 were actively and affirmatively negligent and careless in and about the matters referred to in
11 the Complaint, and this negligence and carelessness on their own parts proximately caused or
12 contributed to the happening of the incident and to the injuries, loss and damages complained
13 of, if any there were.
14 3. AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE to the
15 Complaint and each cause of action alleged therein, this answering Defendant alleges the
16 Complaint fails to state facts sufficient to constitute a cause of action against this answering
17 Defendant, or at all.
18 4. AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
19 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiffs
20 consented to and approved all the acts and omissions and/or conditions about which Plaintiff
21 now complains and, thus, Plaintiffs’ claims are barred on the basis of Plaintiffs’ own consent
22 to the alleged acts or conditions. Plaintiffs’ consent was manifested through express words
23 and actions.
24 5. AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
25 Complaint, Defendant alleges he did not consent or sanction any negligence or other wrongful
26 acts or omissions, if any there were, of any agents, employees, or others, which proximately or
27 legally caused Plaintiffs’ damages, if any there were.
28 6. AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
-2-
DEFENDANT’S ANSWER TO COMPLAINT
1 Complaint and each cause of action alleged therein, this answering Defendant alleges any act
2 of Defendant was an appropriate response to an emergency.
3 7. AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
4 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiffs
5 had express knowledge of the risks and hazards set forth in the Complaint, as well as the
6 magnitude of the risks and hazards and, therefore, knowingly and willingly and/or voluntarily
7 assumed those risks.
8 8. AS AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
9 Complaint and each cause of action alleged therein, this answering Defendant alleges any
10 alleged defect or condition was open and obvious by virtue of its form, function, instructions,
11 warnings or other features and Plaintiffs knew or in the exercise of reasonable care should
12 have known of it and taken measures to mitigate or avoid it.
13 9. AS A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
14 Complaint, Defendant alleges that Plaintiffs’ damages, if any, were caused by Plaintiffs’
15 failure to adequately investigate risks that were known or should have been apparent to her and
16 her failure to use reasonable prudence and diligence under the circumstances.
17 10. AS A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
18 Complaint, Defendant alleges that Plaintiffs’ injuries, if any, were proximately caused by an
19 unforeseeable independent, intervening and/or superseding event beyond the control, and
20 unrelated to any actions or conduct, of Defendant. The actions and conduct of this Defendant,
21 if any, were superseded by the negligence and wrongful conduct of others.
22 11. AS AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
23 Complaint, Defendant alleges Plaintiffs’ causes of action are barred on the grounds that the
24 conduct of Defendant, or of his agents or employees, if any, referred to in the Complaint, if
25 any, was not a substantial factor in bringing about the injuries and damages complained of by
26 Plaintiffs.
27 12. AS A TWELFTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
28 Complaint and each cause of action alleged therein, this answering Defendant alleges
-3-
DEFENDANT’S ANSWER TO COMPLAINT
1 Plaintiffs’ claim is barred by the statute of limitations, including but not limited to, those as set
2 forth in California Code of Civil Procedure sections 335.1, 336, 337, 337(1), 337.1, 337.2,
3 337.15, 337a, 338, 339, 339.5 and 340, 341a, 343, and by sections 2507(3)(a) and 2725(1)(2)
4 of the Uniform Commercial Code of the State of California.
5 13. AS A THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to
6 the Complaint and each cause of action alleged therein, this answering Defendant alleges
7 Plaintiffs failed to exercise reasonable care and diligence to avoid loss and to minimize and
8 mitigate Plaintiffs’ damages, if any there were, and that this failure to mitigate damages alone
9 aggravated any damages or injuries, if any, to Plaintiff, and therefore precludes or reduces
10 recovery against this answering Defendant.
11 14. AS A FOURTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to
12 the Complaint, Defendant alleges that Plaintiff failed to give adequate notice of the alleged
13 nuisance, that Plaintiffs delayed giving notice of the alleged nuisance within a reasonable time
14 period of discovering the alleged nuisance or when Plaintiff should have discovered the
15 alleged nuisance, and therefore Plaintiffs’ claims are barred.
16 15. AS A FIFTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
17 Complaint, Defendant alleges that Plaintiffs failed to give adequate notice of any condition in
18 violation of the law existing at the property.
19 16. AS A SIXTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the
20 Complaint, Defendant alleges Plaintiffs’ claims are barred because Defendants’ conduct was in
21 substantial compliance with the requirements of and permissible under all statutes, laws and/or
22 applicable ordinances.
23 17. AS A SEVENTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to
24 the Complaint, Defendant alleges that prior to the commencement of this action, Defendant
25 duly satisfied and discharged all duties and obligations arising out of any and all agreements,
26 representations, or contracts made by or on behalf of Defendant.
27 18. AS AN EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to
28 the Complaint, Defendant alleges if he is determined that Defendant failed to perform one or
-4-
DEFENDANT’S ANSWER TO COMPLAINT
1 more obligation under any contract or agreement, performance of each and any obligation was
2 excused due to impossibility or impracticability in each instance.
3 19. AS A NINETEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to
4 the Complaint, Defendant alleges the Complaint is vague, ambiguous, and uncertain.
5 20. AS A TWENTIETH, SEPARATE AND AFFIRMATIVE DEFENSE to the
6 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiff
7 is barred from relief by the doctrine of unclean hands.
8 21. AS A TWENTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE to
9 the Complaint and each cause of action alleged therein, this answering Defendant alleges
10 Plaintiffs are barred from relief by the doctrine of laches.
11 22. AS A TWENTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE
12 to the Complaint and each cause of action alleged therein, this answering Defendant alleges
13 Plaintiffs are barred from relief by waiver.
14 23. AS A TWENTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE
15 to the Complaint and each cause of action alleged therein, this answering Defendant alleges
16 Plaintiffs are barred from relief by the doctrine of estoppel.
17 24. AS A TWENTY-FOURTH, AFFIRMATIVE DEFENSE to the Complaint,
18 Defendant alleges that Plaintiffs, by their actions herein, excused any further performance,
19 duties or obligations of Defendant, if any there were.
20 25. AS A TWENTY-FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE to
21 the Complaint and each cause of action alleged therein, this answering Defendant alleges
22 actions alleged in the Complaint, if any, are protected by the doctrine or privilege of necessity.
23 26. AS A TWENTY-SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE to
24 the Complaint and each cause of action alleged therein, this answering Defendant alleges that
25 if liability is assessed against him, pursuant to California Civil Code sections 1430, et seq., this
26 answering Defendant shall be liable only for the amount of the non-economic damages
27 allocated to them, in direct proportion to the percentage of fault assessed against them by the
28 trier of fact and request a separate judgment be rendered against him only for that amount, but
-5-
DEFENDANT’S ANSWER TO COMPLAINT
1 in setting forth this affirmative defense or any other affirmative defenses, Defendant makes no
2 admission that he or his agents or employees, if any, are liable to Plaintiffs in any amount or in
3 any proportion, and makes no admission that Plaintiffs have been damaged in any sum or
4 sums, or at all.
5 27. AS A TWENTY-SEVENTH, SEPARATE AND AFFIRMATIVE
6 DEFENSE to the Complaint and each cause of action alleged therein, this answering
7 Defendant alleges Plaintiffs’ injuries, if any, were proximately caused by an unforeseeable
8 independent, intervening or superseding event beyond the control, and unrelated to any actions
9 or conduct, of this answering Defendant. The actions and conduct of this answering
10 Defendant, if any, was superseded by the negligence and wrongful conduct of others.
11 28. AS A TWENTY-EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE
12 to the Complaint and each cause of action alleged therein, this answering Defendant exercised
13 due care and diligence in all of the matters alleged in the Complaint, and no act or omission by
14 this answering Defendant was the proximate cause of any damage, injury, or loss to Plaintiffs.
15 29. AS A TWENTY-NINTH, SEPARATE AND AFFIRMATIVE DEFENSE
16 to the Complaint, this answering Defendant allege that should Plaintiff recover from this
17 answering Defendant, this answering Defendant is entitled to indemnification, either in whole
18 or in part, from all persons or entities whose negligence or fault proximately contributed to
19 Plaintiffs’ damages, if any there were.
20 30. AS A THIRTIETH, SEPARATE AND AFFIRMATIVE DEFENSE to the
21 Complaint and each cause of action alleged therein, this answering Defendant alleges that not
22 all parties have been joined in this action so that there is a defect of parties pursuant to
23 California Code of Civil Procedure section 430.10(d).
24 31. AS A THIRTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE to
25 the Complaint and each cause of action alleged therein, this answering Defendant alleges the
26 alleged activities of this answering Defendant conform to statutes, governmental regulations,
27 and industry standards based on the state of the knowledge existing at the relevant time.
28 32. AS A THIRTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE
-6-
DEFENDANT’S ANSWER TO COMPLAINT
1 to the Complaint and each cause of action alleged therein, this answering Defendant alleges his
2 is entitled to immunity and/or limitations of liability for any alleged acts and/or omissions.
3 33. AS A THIRTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE to
4 the Complaint and each cause of action alleged therein, this answering Defendant alleges he
5 presently has insufficient knowledge or information on which to form a belief as to whether
6 they may have additional, as yet unstated, defenses available. This answering Defendant
7 reserves the right to assert additional affirmative defenses in the event discovery indicates that
8 such affirmative defenses are appropriate.
9 WHEREFORE, this answering Defendant pray Plaintiffs take nothing by the
10 Complaint and that this answering Defendant have a judgment for his costs of suit incurred
11 herein, including reasonable attorney’s fees, and for such other and further relief as the court
12 deems proper.
13 Dated: April 3, 2024 BLEDSOE, DIESTEL, TREPPA & CRANE LLP
14
By:
15 Alison M. Crane
Attorneys for Defendant ROY MAYER, an individual
16
17
18
19
20
21
22
23
24
25
26
27
28
-7-
DEFENDANT’S ANSWER TO COMPLAINT
1 Mufarreh v. Mayer, et al.
San Mateo Superior Court Case No. 24CIV00977
2 SFE02-17015
3 PROOF OF SERVICE
4
I, the undersigned, hereby declare that I am over the age of eighteen years and not a
5 party to the within action. My business address is 180 Sansome Street, 5th Floor, San
Francisco, California 94104-3713. On the date indicated below, I caused to be served the
6 following document(s):
7 DEFENDANT’S ANSWER TO COMPLAINT
8 upon the interested parties in said action by the means specified below:
9
Geoffrey Murry Attorneys for Plaintiff
10 Ethan J. Wicklund Tel: (415) 795-3579
AD Astra Law Group, LLP Fax: (415) 276-1976
11 582 Market Street, 17th Floor gmurry@astralegal.com
San Francisco, CA 94104 ewicklund@astralegal.com
12
13 XXX BY E-MAIL OR ELECTRONIC TRANSMISSION by causing the documents to
be sent to the persons at the e-mail addresses set forth above. I did not receive, within
14 a reasonable time after the transmission, any electronic message or other indication
that the transmission was unsuccessful.
15
I declare under penalty of perjury under the laws of the State of California that the
16 foregoing is true and correct, and that this declaration was executed on April 3, 2024, at
Sonoma, California.
17
18
19 VALERIE STEVENSON
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
Preview
1 Alison M. Crane, SBN 197359 BLEDSOE, DIESTEL, TREPPA & CRANE LLP 2 180 Sansome Street, 5th Floor San Francisco, California 94104-3713 3 Telephone: (415) 981-5411 Facsimile: (415) 981-0352 4 acrane@bledsoelaw.com 5 Attorneys for Defendant ROY MAYER, an individual 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 11 BASIL MUFARREH, AN INDIVIDUAL, No. 24CIV00977 AND SUSANNE MUFARREH, AN 12 INDIVIDUAL, DEFENDANT’S ANSWER TO COMPLAINT 13 Plaintiffs, 14 v. 15 ROY MAYER, an individual, and DOES 1-10, inclusive, 16 Defendants. 17 18 Defendant ROY MAYER (hereinafter “Defendant”), in response to plaintiffs BASIL 19 MUFARREH, AN INDIVIDUAL, AND SUSANNE MUFARREH, AN INDIVIDUAL’S 20 (“Plaintiffs”) Complaint (“Complaint”) for damages on file herein, deny and allege as follows: 21 I. GENERAL DENIAL 22 Pursuant to California Code of Civil Procedure section 431.30, Defendant generally and 23 specifically denies each and every, all and singular, of the allegations contained in said 24 Complaint, and in each cause of action thereof, and in this connection, Defendant further denies 25 that Plaintiff has been injured in any sum, or at all, as a result of any act or omission on the part of 26 this answering Defendant or his agents or employees, if any. 27 II. AFFIRMATIVE DEFENSES 28 As separate affirmative defenses, each interposed separately as to each purported cause of DEFENDANT’S ANSWER TO COMPLAINT 1 action of the Complaint, Defendant alleges the following: 2 1. AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE to the 3 Complaint and each cause of action alleged therein, Defendant alleges the injuries and 4 damages complained of by Plaintiffs, if any there were, were either wholly or in part directly 5 and proximately caused by the negligence or other wrongful acts or omissions of persons or 6 entities other than this answering Defendant, and said negligence comparatively reduces the 7 proportion of negligence and corresponding liability of this answering Defendant. 8 2. AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE to the 9 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiffs 10 were actively and affirmatively negligent and careless in and about the matters referred to in 11 the Complaint, and this negligence and carelessness on their own parts proximately caused or 12 contributed to the happening of the incident and to the injuries, loss and damages complained 13 of, if any there were. 14 3. AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE to the 15 Complaint and each cause of action alleged therein, this answering Defendant alleges the 16 Complaint fails to state facts sufficient to constitute a cause of action against this answering 17 Defendant, or at all. 18 4. AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 19 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiffs 20 consented to and approved all the acts and omissions and/or conditions about which Plaintiff 21 now complains and, thus, Plaintiffs’ claims are barred on the basis of Plaintiffs’ own consent 22 to the alleged acts or conditions. Plaintiffs’ consent was manifested through express words 23 and actions. 24 5. AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 25 Complaint, Defendant alleges he did not consent or sanction any negligence or other wrongful 26 acts or omissions, if any there were, of any agents, employees, or others, which proximately or 27 legally caused Plaintiffs’ damages, if any there were. 28 6. AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE to the -2- DEFENDANT’S ANSWER TO COMPLAINT 1 Complaint and each cause of action alleged therein, this answering Defendant alleges any act 2 of Defendant was an appropriate response to an emergency. 3 7. AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 4 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiffs 5 had express knowledge of the risks and hazards set forth in the Complaint, as well as the 6 magnitude of the risks and hazards and, therefore, knowingly and willingly and/or voluntarily 7 assumed those risks. 8 8. AS AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 9 Complaint and each cause of action alleged therein, this answering Defendant alleges any 10 alleged defect or condition was open and obvious by virtue of its form, function, instructions, 11 warnings or other features and Plaintiffs knew or in the exercise of reasonable care should 12 have known of it and taken measures to mitigate or avoid it. 13 9. AS A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 14 Complaint, Defendant alleges that Plaintiffs’ damages, if any, were caused by Plaintiffs’ 15 failure to adequately investigate risks that were known or should have been apparent to her and 16 her failure to use reasonable prudence and diligence under the circumstances. 17 10. AS A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 18 Complaint, Defendant alleges that Plaintiffs’ injuries, if any, were proximately caused by an 19 unforeseeable independent, intervening and/or superseding event beyond the control, and 20 unrelated to any actions or conduct, of Defendant. The actions and conduct of this Defendant, 21 if any, were superseded by the negligence and wrongful conduct of others. 22 11. AS AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 23 Complaint, Defendant alleges Plaintiffs’ causes of action are barred on the grounds that the 24 conduct of Defendant, or of his agents or employees, if any, referred to in the Complaint, if 25 any, was not a substantial factor in bringing about the injuries and damages complained of by 26 Plaintiffs. 27 12. AS A TWELFTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 28 Complaint and each cause of action alleged therein, this answering Defendant alleges -3- DEFENDANT’S ANSWER TO COMPLAINT 1 Plaintiffs’ claim is barred by the statute of limitations, including but not limited to, those as set 2 forth in California Code of Civil Procedure sections 335.1, 336, 337, 337(1), 337.1, 337.2, 3 337.15, 337a, 338, 339, 339.5 and 340, 341a, 343, and by sections 2507(3)(a) and 2725(1)(2) 4 of the Uniform Commercial Code of the State of California. 5 13. AS A THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to 6 the Complaint and each cause of action alleged therein, this answering Defendant alleges 7 Plaintiffs failed to exercise reasonable care and diligence to avoid loss and to minimize and 8 mitigate Plaintiffs’ damages, if any there were, and that this failure to mitigate damages alone 9 aggravated any damages or injuries, if any, to Plaintiff, and therefore precludes or reduces 10 recovery against this answering Defendant. 11 14. AS A FOURTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to 12 the Complaint, Defendant alleges that Plaintiff failed to give adequate notice of the alleged 13 nuisance, that Plaintiffs delayed giving notice of the alleged nuisance within a reasonable time 14 period of discovering the alleged nuisance or when Plaintiff should have discovered the 15 alleged nuisance, and therefore Plaintiffs’ claims are barred. 16 15. AS A FIFTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 17 Complaint, Defendant alleges that Plaintiffs failed to give adequate notice of any condition in 18 violation of the law existing at the property. 19 16. AS A SIXTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to the 20 Complaint, Defendant alleges Plaintiffs’ claims are barred because Defendants’ conduct was in 21 substantial compliance with the requirements of and permissible under all statutes, laws and/or 22 applicable ordinances. 23 17. AS A SEVENTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to 24 the Complaint, Defendant alleges that prior to the commencement of this action, Defendant 25 duly satisfied and discharged all duties and obligations arising out of any and all agreements, 26 representations, or contracts made by or on behalf of Defendant. 27 18. AS AN EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to 28 the Complaint, Defendant alleges if he is determined that Defendant failed to perform one or -4- DEFENDANT’S ANSWER TO COMPLAINT 1 more obligation under any contract or agreement, performance of each and any obligation was 2 excused due to impossibility or impracticability in each instance. 3 19. AS A NINETEENTH, SEPARATE AND AFFIRMATIVE DEFENSE to 4 the Complaint, Defendant alleges the Complaint is vague, ambiguous, and uncertain. 5 20. AS A TWENTIETH, SEPARATE AND AFFIRMATIVE DEFENSE to the 6 Complaint and each cause of action alleged therein, this answering Defendant alleges Plaintiff 7 is barred from relief by the doctrine of unclean hands. 8 21. AS A TWENTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE to 9 the Complaint and each cause of action alleged therein, this answering Defendant alleges 10 Plaintiffs are barred from relief by the doctrine of laches. 11 22. AS A TWENTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE 12 to the Complaint and each cause of action alleged therein, this answering Defendant alleges 13 Plaintiffs are barred from relief by waiver. 14 23. AS A TWENTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE 15 to the Complaint and each cause of action alleged therein, this answering Defendant alleges 16 Plaintiffs are barred from relief by the doctrine of estoppel. 17 24. AS A TWENTY-FOURTH, AFFIRMATIVE DEFENSE to the Complaint, 18 Defendant alleges that Plaintiffs, by their actions herein, excused any further performance, 19 duties or obligations of Defendant, if any there were. 20 25. AS A TWENTY-FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE to 21 the Complaint and each cause of action alleged therein, this answering Defendant alleges 22 actions alleged in the Complaint, if any, are protected by the doctrine or privilege of necessity. 23 26. AS A TWENTY-SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE to 24 the Complaint and each cause of action alleged therein, this answering Defendant alleges that 25 if liability is assessed against him, pursuant to California Civil Code sections 1430, et seq., this 26 answering Defendant shall be liable only for the amount of the non-economic damages 27 allocated to them, in direct proportion to the percentage of fault assessed against them by the 28 trier of fact and request a separate judgment be rendered against him only for that amount, but -5- DEFENDANT’S ANSWER TO COMPLAINT 1 in setting forth this affirmative defense or any other affirmative defenses, Defendant makes no 2 admission that he or his agents or employees, if any, are liable to Plaintiffs in any amount or in 3 any proportion, and makes no admission that Plaintiffs have been damaged in any sum or 4 sums, or at all. 5 27. AS A TWENTY-SEVENTH, SEPARATE AND AFFIRMATIVE 6 DEFENSE to the Complaint and each cause of action alleged therein, this answering 7 Defendant alleges Plaintiffs’ injuries, if any, were proximately caused by an unforeseeable 8 independent, intervening or superseding event beyond the control, and unrelated to any actions 9 or conduct, of this answering Defendant. The actions and conduct of this answering 10 Defendant, if any, was superseded by the negligence and wrongful conduct of others. 11 28. AS A TWENTY-EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE 12 to the Complaint and each cause of action alleged therein, this answering Defendant exercised 13 due care and diligence in all of the matters alleged in the Complaint, and no act or omission by 14 this answering Defendant was the proximate cause of any damage, injury, or loss to Plaintiffs. 15 29. AS A TWENTY-NINTH, SEPARATE AND AFFIRMATIVE DEFENSE 16 to the Complaint, this answering Defendant allege that should Plaintiff recover from this 17 answering Defendant, this answering Defendant is entitled to indemnification, either in whole 18 or in part, from all persons or entities whose negligence or fault proximately contributed to 19 Plaintiffs’ damages, if any there were. 20 30. AS A THIRTIETH, SEPARATE AND AFFIRMATIVE DEFENSE to the 21 Complaint and each cause of action alleged therein, this answering Defendant alleges that not 22 all parties have been joined in this action so that there is a defect of parties pursuant to 23 California Code of Civil Procedure section 430.10(d). 24 31. AS A THIRTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE to 25 the Complaint and each cause of action alleged therein, this answering Defendant alleges the 26 alleged activities of this answering Defendant conform to statutes, governmental regulations, 27 and industry standards based on the state of the knowledge existing at the relevant time. 28 32. AS A THIRTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE -6- DEFENDANT’S ANSWER TO COMPLAINT 1 to the Complaint and each cause of action alleged therein, this answering Defendant alleges his 2 is entitled to immunity and/or limitations of liability for any alleged acts and/or omissions. 3 33. AS A THIRTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE to 4 the Complaint and each cause of action alleged therein, this answering Defendant alleges he 5 presently has insufficient knowledge or information on which to form a belief as to whether 6 they may have additional, as yet unstated, defenses available. This answering Defendant 7 reserves the right to assert additional affirmative defenses in the event discovery indicates that 8 such affirmative defenses are appropriate. 9 WHEREFORE, this answering Defendant pray Plaintiffs take nothing by the 10 Complaint and that this answering Defendant have a judgment for his costs of suit incurred 11 herein, including reasonable attorney’s fees, and for such other and further relief as the court 12 deems proper. 13 Dated: April 3, 2024 BLEDSOE, DIESTEL, TREPPA & CRANE LLP 14 By: 15 Alison M. Crane Attorneys for Defendant ROY MAYER, an individual 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- DEFENDANT’S ANSWER TO COMPLAINT 1 Mufarreh v. Mayer, et al. San Mateo Superior Court Case No. 24CIV00977 2 SFE02-17015 3 PROOF OF SERVICE 4 I, the undersigned, hereby declare that I am over the age of eighteen years and not a 5 party to the within action. My business address is 180 Sansome Street, 5th Floor, San Francisco, California 94104-3713. On the date indicated below, I caused to be served the 6 following document(s): 7 DEFENDANT’S ANSWER TO COMPLAINT 8 upon the interested parties in said action by the means specified below: 9 Geoffrey Murry Attorneys for Plaintiff 10 Ethan J. Wicklund Tel: (415) 795-3579 AD Astra Law Group, LLP Fax: (415) 276-1976 11 582 Market Street, 17th Floor gmurry@astralegal.com San Francisco, CA 94104 ewicklund@astralegal.com 12 13 XXX BY E-MAIL OR ELECTRONIC TRANSMISSION by causing the documents to be sent to the persons at the e-mail addresses set forth above. I did not receive, within 14 a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 15 I declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct, and that this declaration was executed on April 3, 2024, at Sonoma, California. 17 18 19 VALERIE STEVENSON 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE