Preview
1 LORBER, GREENFIELD & OLSEN, LLP
Emmett E. Seltzer, Esq. (SBN 226598)
2 Lance Yamamoto, Esq. (SBN 252084)
142 Sansome Street, Suite 610
3
San Francisco, California 94104
4 Tel: (415) 986-0688 / Fax: (415) 986-1172
eseltzer@lorberlaw.com; lyamamoto@lorberlaw.com
5
Attorneys for Defendants
6 LAS ROSAS, LLC
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF KERN
10
11 CHRISTIAN A. AMES; ANTONIO JESUS Case No.: BCV-23-103286-DRZ
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
SEVILLA JR & CHAIA RUBY VASQUEZ
12 SEVILLA; DANIEL RAY SANCHEZ; JESUS
13 ANTONIO LANDEROS; BHUPINDER SINGH; ANSWER TO COMPLAINT BY
NESTER D. LANDEROS MARTINEZ & ADRIANA DEFENDANT LAS ROSAS, LLC
14 LANDEROS; OSCAR N. NUNEZ; GREGORY &
KAREN MARTINEZ; CHANTAL ACOSTA;
15 BRENDA OJEDA; ALEXIS HECTOR LOPEZ; LUIS Complaint Filed: October 2, 2023
& CYNTHIA RAMIREZ; OSCAR MARTINEZ First Amended Complaint Filed:
16 MUNOZ; AISPURO EFRAIN & CHRISTINA December 5, 2023
17 VALDEZ; FELIPE JESUS BERMUDEZ JR; CAREY Trial Date: Not yet set
ANN ROSALES; MARICELA VARGAS; JOEL
18 ANTHONY ADAMS; IVAN GARAY; RICARDO
MEDINA HENANDEZ & ROSALIA VASQUEZ
19 SANCHEZ; RODRIGO BRAVO MENDEZ;
CUAUHTEMOC M. & YOLANDA LOPEZ
20 SANCHEZ; FRANCISCO J. DELGADO & BENITA
21 A. GONZALEZ; LOURDES LOPEZ; MICHAEL
MUNOZ; RAUL RAMOS; LISSENIA MARTINEZ;
22 ARAM G. BARRIOS; VANESSA BLANCO;
LORENA SAMANO; CRYSTAL C. BARBOSA;
23 AUGUSTIN & ALEJANDRA DELGADO IBARRA;
NICOLAS & MARIA E. LANDEROS; JENNY
24 HERNANDEZ;
25
Plaintiffs,
26 vs.
27 LAS ROSAS, LLC, a California Limited Liability
Company; WASCO LAND HOLDINGS LLC, a
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1
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 California Limited Company; and DOES 1-1000,
inclusive;
2
Defendants.
3
4
5 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
6 Defendant LAS ROSAS, LLC (“Defendant”) hereby responds to the unverified Complaint
7 (hereinafter “Complaint”) filed in the above-entitled court by Plaintiffs CHRISTIAN A. AMES, et al.
8 (“Plaintiffs”) as follows:
9 GENERAL DENIAL
10 Under the provisions of California Code of Civil Procedure § 431.30, this answering Defendant
11 hereby denies both generally and specifically, all and singular, in whole and in part, each and every
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 allegation contained in the Complaint, and each and every alleged cause of action thereof, and deny that
13 the Plaintiffs are entitled to any relief whatsoever from this answering Defendant.
14 Further, this answering Defendant lacks information or belief sufficient to enable it to answer the
15 allegations concerning the nature and extent of the damages and losses of Plaintiffs, if any, and basing its
16 denial upon said lack of information and belief, deny each and all thereof generally and specifically, and
17 on said ground, for the purpose of placing the question of the nature and extent of said damages and losses
18 in issue, deny that Plaintiffs were damaged as alleged, or at all.
19 AS SEPARATE AND FURTHER AFFIRMATIVE DEFENSES TO THE COMPLAINT,
20 Defendant alleges as follow:
21 AFFIRMATIVE DEFENSES
22 AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
23 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
24 DEFENDANT ALLEGES AS FOLLOWS:
25 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs
26 were themselves careless and negligent in and about the matters alleged in Plaintiffs’ Complaint, and that
27 said carelessness and said carelessness and negligence on said Plaintiffs’ own part proximately caused to
28 the happening of the incident, and to the injuries, losses and/or damages complained of, if any there were,
2
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 and said carelessness and negligence on the part of Plaintiffs shall diminish their recovery herein, if any,
2 in direct proportion to the extent of such carelessness and negligence.
3 AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
4 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
5 DEFENDANT ALLEGES AS FOLLOWS:
6 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs
7 have sustained, or will sustain, any of the injuries, losses or damages described in their Complaint, which
8 this answering Defendant denies, then such injuries, losses or damages were caused solely or in part by
9 the failure of Plaintiffs to take reasonable steps available to them to mitigate such damages, and to the
10 extent that any such injuries, losses or damages proven by Plaintiffs were caused by Plaintiffs’ own failure
11 to take reasonable steps available to them to mitigate such damages, they shall not be recoverable against
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 this answering Defendant.
13 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
14 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
15 DEFENDANT ALLEGES AS FOLLOWS:
16 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs
17 have suffered any of the injuries, losses or damages described in their Complaint, which this answering
18 Defendant denies, then such injuries, losses or damages were caused solely by the unforeseeable and
19 unreasonable abuse, misuse or alteration of the subject products or improvements, by persons, parties or
20 entities other than this answering Defendant, and not by any act or omission for which this answering
21 Defendant may be held legally and/or equitably responsible.
22 AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
23 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
24 DEFENDANT ALLEGES AS FOLLOWS:
25 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs
26 have suffered any of the injuries, losses, or damages described in their Complaint, which this answering
27 Defendant denies, then such injuries, losses or damages were caused solely by the actionable conduct of
28
3
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 persons, parties or entities other than this answering Defendant, and not by any act or omission for which
2 this answering Defendant may be held legally and/or equitably responsible.
3 AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
4 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
5 DEFENDANT ALLEGES AS FOLLOWS:
6 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’
7 Complaint, and each alleged cause of action therein, is absolutely barred by the limitation provisions of
8 the Code of Civil Procedure, including, but not limited to, Code of Civil Procedure sections 337, 337.1,
9 337.15, 338, 339, 340, 343, and each of them. This answering Defendant also asserts that statutory
10 limitations for specific claims made by Plaintiffs are limited and/or barred as described and set forth under
11 Civil Code sections 895-945.5.
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
13 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
14 DEFENDANT ALLEGES AS FOLLOWS:
15 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’
16 Complaint, and each alleged cause of action therein, is absolutely barred by the failure of Plaintiffs to give
17 this answering Defendant reasonable notice of each alleged cause of action therein.
18 AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
19 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
20 DEFENDANT ALLEGES AS FOLLOWS:
21 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs
22 have been guilty of unreasonable delay in commencing and in prosecuting the subject civil action, to the
23 irreparable prejudice of this answering Defendant, and Plaintiffs’ Complaint, and each alleged cause of
24 action therein, is, therefore, absolutely barred by the equitable doctrine of laches.
25 AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
26 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
27 DEFENDANT ALLEGES AS FOLLOWS:
28
4
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’
2 Complaint, and each alleged cause of action therein, is absolutely barred by virtue of Plaintiffs’ knowing
3 and voluntary waiver of any further obligations or liabilities of this answering Defendant, if any there
4 were.
5 AS AND FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
6 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
7 DEFENDANT ALLEGES AS FOLLOWS:
8 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs,
9 by and through their conduct, acts and deeds, have caused Defendant to change its position, and to act to
10 its detriment and prejudice. Plaintiffs’ Complaint, and each alleged cause of action therein, is, therefore,
11 absolutely barred by the equitable doctrine of estoppel.
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 AS AND FOR AN TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
13 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
14 DEFENDANT ALLEGES AS FOLLOWS:
15 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs
16 have suffered, or will suffer, any of the injuries, losses or damages described in their Complaint, which
17 this answering Defendant denies, then such injuries, losses or damages were caused solely by the voluntary
18 and knowing, or implied, assumption of the risk or risks attendant to the matters complained of or alleged
19 in Plaintiffs’ Complaint, and such knowing and voluntary, or implied, assumption of the risk absolutely
20 bars or reduces Plaintiffs’ rights to recovery herein, if any there be, in proportion to such voluntary and
21 knowing, or implied, assumption of the risk.
22 AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
23 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
24 DEFENDANT ALLEGES AS FOLLOWS:
25 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs
26 have been guilty of inequitable conduct with respect to the matters alleged in Plaintiffs’ Complaint, and
27 such inequitable conduct shall absolutely bar Plaintiffs’ recovery herein under the equitable doctrine of
28 unclean hands.
5
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 AS AND FOR A TWELFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
2 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
3 DEFENDANT ALLEGES AS FOLLOWS:
4 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’
5 Complaint, and each alleged cause of action therein, is absolutely barred by the provisions of Civil Code
6 sections 1473, 1474, 1475, 1476, and 1477, and each of them.
7 AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
8 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
9 DEFENDANT ALLEGES AS FOLLOWS:
10 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’
11 Complaint, and each alleged cause of action therein, fails to state the elements of their claim for violation
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 of building standards as set forth in California Civil Code section 896, and no facts exist to support the
13 allegations in support thereof.
14 AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
15 TO PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS
16 ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
17 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’
18 Complaint, and each cause of action thereof, fails to state the elements of their claim for breach of contract,
19 and no facts exist to support the allegations in support thereof.
20 AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
21 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
22 DEFENDANT ALLEGES AS FOLLOWS:
23 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs
24 lack standing to raise the issues and damages alleged and to seek the relief prayed for in their Complaint
25 and in each and every alleged cause of action therein against this answering Defendant.
26 AS AND FOR A SIXTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
27 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
28 DEFENDANT ALLEGES AS FOLLOWS:
6
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 Defendant is informed and believes and, upon such information and belief, alleges that the work
2 this answering Defendant performed on the subject property complied in all respects with the requirements
3 of the applicable building codes and ordinances adopted by the governing Department of Building &
4 Safety, including but not limited to, the Uniform Building Code, California Building Code, National
5 Electric Code, Uniform Mechanical Code, Standard Plumbing Code, Painting and Decorating Contractors
6 Standards, Ceramic Tile Institute Standards, ASTM Standards, AAMA Standards, and ASMI Standards.
7 AS AND FOR A SEVENTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
8 TO PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS
9 ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
10 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’
11 alleged defects, deficiencies, damages and/or injuries on the subject property were unknown to this
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 answering Defendant, and further, were unknowable even with the exercise of all reasonable care by this
13 answering Defendant.
14 AS AND FOR AN EIGHTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
15 TO PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS
16 ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
17 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs
18 have failed to join all necessary and indispensable parties to this lawsuit.
19 AS AND FOR A NINETEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
20 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
21 DEFENDANT ALLEGES AS FOLLOWS:
22 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs
23 failed to provide pre-litigation notice of the claims pursuant to Civil Code Sections 896 et al. Defendant
24 was not afforded their opportunity to their right to repair under Civil Code Section 896. Defendant reserves
25 the right its right to bring a motion to compel compliance with the pre-litigation procedures found in Civil
26 Code Section 896 (SB 800).
27 / / / / /
28 / / / / /
7
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 AS AND FOR A TWENTIETH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
2 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING
3 DEFENDANT ALLEGES AS FOLLOWS:
4 This answering Defendant asserts that it currently has insufficient knowledge or information upon
5 which to determine whether additional affirmative defenses may be available that have not yet been
6 asserted in this answer and, therefore, reserves the right to assert additional affirmative defenses based
7 upon subsequent discovery, investigation, and analysis.
8 WHEREFORE, Defendant prays:
9 1. That Plaintiffs take nothing by way of the Complaint;
10 2. That Plaintiffs’ recovery against this answering Defendant, if any, be diminished by an
11 amount equal to the degree of negligence or fault attributable to Plaintiffs;
142 Sansome Street, Suite 610, San Francisco, CA 94104
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 3. That Plaintiffs’ recovery against this answering Defendant, if any, be diminished by an
13 amount equal to the degree of negligence or fault attributable to other third parties, whether named or
14 unnamed, other than the Defendant in this action;
15 4. For costs of suit incurred here; and
16 5. For such other and further relief as the Court deems just and proper.
17
18 Dated: April 15, 2024 LORBER, GREENFIELD & POLITO, LLP
19
20
By:
21 Emmett E. Seltzer
Attorneys for Defendant
22 LAS ROSAS, LLC
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ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
1 Re: Ames, et al. v. Las Rosas, LLC, et al.
Court: Superior Court of California County of Kern
2
Case No: BCV-23-103286-DRZ
3 PROOF OF SERVICE
4 (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules Civ. Proc., rule 5(b).)
I am employed in the County of San Francisco, State of California. I am over the age of 18 and
5
not a party to the within action. My business address is 142 Sansome Street, Suite 610, San Francisco,
6
CA 94104.
7
On April 15, 2024, I served the foregoing document described as:
8
ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC
9
on the interested parties in this action, addressed as follows:
10
(BY ELECTRONIC SERVICE) — I confirmed and served pursuant to Code of Civil
142 Sansome Street, Suite 610, San Francisco, California 94104
11 Procedure Section 1010.6, subdivision (e)(1), a true copy, with all exhibits (if any),
LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
12 electronically on those designated below by attaching a copy of the document(s) in PDF
format to the email addresses confirmed by the parties listed below, allowing for electronic
13 service of a notice or document that may be served by File & ServeXpress, mail, express mail,
overnight delivery, or facsimile transmission.
14
SERVICE LIST ATTACHED
15
I declare under penalty of perjury under the laws of the State of California that the above is true
16
and correct.
17
18 Executed on April 15, 2024,, in San Francisco, California.
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20 Leon Thomas, Jr.
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PROOF OF SERVICE
1
SERVICE LIST
2 Updated 4/15/2024
Israel Enrique Garcia, Esq. Attorney for Plaintiff
3 Mark A. Arreguin, Esq. CHRISTIAN A. AMES, et al.
4 GARCIA | MARSALLI, LLP,
215 California Street
5 El Segundo, CA 90245-4310
Tel: 323-375-5999 | Fax: 323-375-5998
6 israel@garciamarsalli.com
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142 Sansome Street, Suite 610, San Francisco, California 94104
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LORBER, GREENFIELD & OLSEN, LLP
Telephone (415) 986-0688 / Facsimile (415) 986-1172
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Preview
1 LORBER, GREENFIELD & OLSEN, LLP Emmett E. Seltzer, Esq. (SBN 226598) 2 Lance Yamamoto, Esq. (SBN 252084) 142 Sansome Street, Suite 610 3 San Francisco, California 94104 4 Tel: (415) 986-0688 / Fax: (415) 986-1172 eseltzer@lorberlaw.com; lyamamoto@lorberlaw.com 5 Attorneys for Defendants 6 LAS ROSAS, LLC 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF KERN 10 11 CHRISTIAN A. AMES; ANTONIO JESUS Case No.: BCV-23-103286-DRZ 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 SEVILLA JR & CHAIA RUBY VASQUEZ 12 SEVILLA; DANIEL RAY SANCHEZ; JESUS 13 ANTONIO LANDEROS; BHUPINDER SINGH; ANSWER TO COMPLAINT BY NESTER D. LANDEROS MARTINEZ & ADRIANA DEFENDANT LAS ROSAS, LLC 14 LANDEROS; OSCAR N. NUNEZ; GREGORY & KAREN MARTINEZ; CHANTAL ACOSTA; 15 BRENDA OJEDA; ALEXIS HECTOR LOPEZ; LUIS Complaint Filed: October 2, 2023 & CYNTHIA RAMIREZ; OSCAR MARTINEZ First Amended Complaint Filed: 16 MUNOZ; AISPURO EFRAIN & CHRISTINA December 5, 2023 17 VALDEZ; FELIPE JESUS BERMUDEZ JR; CAREY Trial Date: Not yet set ANN ROSALES; MARICELA VARGAS; JOEL 18 ANTHONY ADAMS; IVAN GARAY; RICARDO MEDINA HENANDEZ & ROSALIA VASQUEZ 19 SANCHEZ; RODRIGO BRAVO MENDEZ; CUAUHTEMOC M. & YOLANDA LOPEZ 20 SANCHEZ; FRANCISCO J. DELGADO & BENITA 21 A. GONZALEZ; LOURDES LOPEZ; MICHAEL MUNOZ; RAUL RAMOS; LISSENIA MARTINEZ; 22 ARAM G. BARRIOS; VANESSA BLANCO; LORENA SAMANO; CRYSTAL C. BARBOSA; 23 AUGUSTIN & ALEJANDRA DELGADO IBARRA; NICOLAS & MARIA E. LANDEROS; JENNY 24 HERNANDEZ; 25 Plaintiffs, 26 vs. 27 LAS ROSAS, LLC, a California Limited Liability Company; WASCO LAND HOLDINGS LLC, a 28 1 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 California Limited Company; and DOES 1-1000, inclusive; 2 Defendants. 3 4 5 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 6 Defendant LAS ROSAS, LLC (“Defendant”) hereby responds to the unverified Complaint 7 (hereinafter “Complaint”) filed in the above-entitled court by Plaintiffs CHRISTIAN A. AMES, et al. 8 (“Plaintiffs”) as follows: 9 GENERAL DENIAL 10 Under the provisions of California Code of Civil Procedure § 431.30, this answering Defendant 11 hereby denies both generally and specifically, all and singular, in whole and in part, each and every 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 allegation contained in the Complaint, and each and every alleged cause of action thereof, and deny that 13 the Plaintiffs are entitled to any relief whatsoever from this answering Defendant. 14 Further, this answering Defendant lacks information or belief sufficient to enable it to answer the 15 allegations concerning the nature and extent of the damages and losses of Plaintiffs, if any, and basing its 16 denial upon said lack of information and belief, deny each and all thereof generally and specifically, and 17 on said ground, for the purpose of placing the question of the nature and extent of said damages and losses 18 in issue, deny that Plaintiffs were damaged as alleged, or at all. 19 AS SEPARATE AND FURTHER AFFIRMATIVE DEFENSES TO THE COMPLAINT, 20 Defendant alleges as follow: 21 AFFIRMATIVE DEFENSES 22 AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 23 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 24 DEFENDANT ALLEGES AS FOLLOWS: 25 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs 26 were themselves careless and negligent in and about the matters alleged in Plaintiffs’ Complaint, and that 27 said carelessness and said carelessness and negligence on said Plaintiffs’ own part proximately caused to 28 the happening of the incident, and to the injuries, losses and/or damages complained of, if any there were, 2 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 and said carelessness and negligence on the part of Plaintiffs shall diminish their recovery herein, if any, 2 in direct proportion to the extent of such carelessness and negligence. 3 AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 4 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 5 DEFENDANT ALLEGES AS FOLLOWS: 6 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs 7 have sustained, or will sustain, any of the injuries, losses or damages described in their Complaint, which 8 this answering Defendant denies, then such injuries, losses or damages were caused solely or in part by 9 the failure of Plaintiffs to take reasonable steps available to them to mitigate such damages, and to the 10 extent that any such injuries, losses or damages proven by Plaintiffs were caused by Plaintiffs’ own failure 11 to take reasonable steps available to them to mitigate such damages, they shall not be recoverable against 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 this answering Defendant. 13 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 14 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 15 DEFENDANT ALLEGES AS FOLLOWS: 16 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs 17 have suffered any of the injuries, losses or damages described in their Complaint, which this answering 18 Defendant denies, then such injuries, losses or damages were caused solely by the unforeseeable and 19 unreasonable abuse, misuse or alteration of the subject products or improvements, by persons, parties or 20 entities other than this answering Defendant, and not by any act or omission for which this answering 21 Defendant may be held legally and/or equitably responsible. 22 AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 23 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 24 DEFENDANT ALLEGES AS FOLLOWS: 25 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs 26 have suffered any of the injuries, losses, or damages described in their Complaint, which this answering 27 Defendant denies, then such injuries, losses or damages were caused solely by the actionable conduct of 28 3 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 persons, parties or entities other than this answering Defendant, and not by any act or omission for which 2 this answering Defendant may be held legally and/or equitably responsible. 3 AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 4 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 5 DEFENDANT ALLEGES AS FOLLOWS: 6 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’ 7 Complaint, and each alleged cause of action therein, is absolutely barred by the limitation provisions of 8 the Code of Civil Procedure, including, but not limited to, Code of Civil Procedure sections 337, 337.1, 9 337.15, 338, 339, 340, 343, and each of them. This answering Defendant also asserts that statutory 10 limitations for specific claims made by Plaintiffs are limited and/or barred as described and set forth under 11 Civil Code sections 895-945.5. 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 13 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 14 DEFENDANT ALLEGES AS FOLLOWS: 15 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’ 16 Complaint, and each alleged cause of action therein, is absolutely barred by the failure of Plaintiffs to give 17 this answering Defendant reasonable notice of each alleged cause of action therein. 18 AS AND FOR A SEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 19 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 20 DEFENDANT ALLEGES AS FOLLOWS: 21 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs 22 have been guilty of unreasonable delay in commencing and in prosecuting the subject civil action, to the 23 irreparable prejudice of this answering Defendant, and Plaintiffs’ Complaint, and each alleged cause of 24 action therein, is, therefore, absolutely barred by the equitable doctrine of laches. 25 AS AND FOR AN EIGHTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 26 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 27 DEFENDANT ALLEGES AS FOLLOWS: 28 4 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’ 2 Complaint, and each alleged cause of action therein, is absolutely barred by virtue of Plaintiffs’ knowing 3 and voluntary waiver of any further obligations or liabilities of this answering Defendant, if any there 4 were. 5 AS AND FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 6 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 7 DEFENDANT ALLEGES AS FOLLOWS: 8 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs, 9 by and through their conduct, acts and deeds, have caused Defendant to change its position, and to act to 10 its detriment and prejudice. Plaintiffs’ Complaint, and each alleged cause of action therein, is, therefore, 11 absolutely barred by the equitable doctrine of estoppel. 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 AS AND FOR AN TENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 13 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 14 DEFENDANT ALLEGES AS FOLLOWS: 15 Defendant is informed and believes and, upon such information and belief, alleges that if Plaintiffs 16 have suffered, or will suffer, any of the injuries, losses or damages described in their Complaint, which 17 this answering Defendant denies, then such injuries, losses or damages were caused solely by the voluntary 18 and knowing, or implied, assumption of the risk or risks attendant to the matters complained of or alleged 19 in Plaintiffs’ Complaint, and such knowing and voluntary, or implied, assumption of the risk absolutely 20 bars or reduces Plaintiffs’ rights to recovery herein, if any there be, in proportion to such voluntary and 21 knowing, or implied, assumption of the risk. 22 AS AND FOR AN ELEVENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 23 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 24 DEFENDANT ALLEGES AS FOLLOWS: 25 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs 26 have been guilty of inequitable conduct with respect to the matters alleged in Plaintiffs’ Complaint, and 27 such inequitable conduct shall absolutely bar Plaintiffs’ recovery herein under the equitable doctrine of 28 unclean hands. 5 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 AS AND FOR A TWELFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 2 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 3 DEFENDANT ALLEGES AS FOLLOWS: 4 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’ 5 Complaint, and each alleged cause of action therein, is absolutely barred by the provisions of Civil Code 6 sections 1473, 1474, 1475, 1476, and 1477, and each of them. 7 AS AND FOR A THIRTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 8 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 9 DEFENDANT ALLEGES AS FOLLOWS: 10 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’ 11 Complaint, and each alleged cause of action therein, fails to state the elements of their claim for violation 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 of building standards as set forth in California Civil Code section 896, and no facts exist to support the 13 allegations in support thereof. 14 AS AND FOR A FOURTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 15 TO PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS 16 ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 17 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’ 18 Complaint, and each cause of action thereof, fails to state the elements of their claim for breach of contract, 19 and no facts exist to support the allegations in support thereof. 20 AS AND FOR A FIFTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 21 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 22 DEFENDANT ALLEGES AS FOLLOWS: 23 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs 24 lack standing to raise the issues and damages alleged and to seek the relief prayed for in their Complaint 25 and in each and every alleged cause of action therein against this answering Defendant. 26 AS AND FOR A SIXTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 27 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 28 DEFENDANT ALLEGES AS FOLLOWS: 6 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 Defendant is informed and believes and, upon such information and belief, alleges that the work 2 this answering Defendant performed on the subject property complied in all respects with the requirements 3 of the applicable building codes and ordinances adopted by the governing Department of Building & 4 Safety, including but not limited to, the Uniform Building Code, California Building Code, National 5 Electric Code, Uniform Mechanical Code, Standard Plumbing Code, Painting and Decorating Contractors 6 Standards, Ceramic Tile Institute Standards, ASTM Standards, AAMA Standards, and ASMI Standards. 7 AS AND FOR A SEVENTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 8 TO PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS 9 ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 10 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs’ 11 alleged defects, deficiencies, damages and/or injuries on the subject property were unknown to this 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 answering Defendant, and further, were unknowable even with the exercise of all reasonable care by this 13 answering Defendant. 14 AS AND FOR AN EIGHTEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 15 TO PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS 16 ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 17 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs 18 have failed to join all necessary and indispensable parties to this lawsuit. 19 AS AND FOR A NINETEENTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 20 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 21 DEFENDANT ALLEGES AS FOLLOWS: 22 Defendant is informed and believes and, upon such information and belief, alleges that Plaintiffs 23 failed to provide pre-litigation notice of the claims pursuant to Civil Code Sections 896 et al. Defendant 24 was not afforded their opportunity to their right to repair under Civil Code Section 896. Defendant reserves 25 the right its right to bring a motion to compel compliance with the pre-litigation procedures found in Civil 26 Code Section 896 (SB 800). 27 / / / / / 28 / / / / / 7 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 AS AND FOR A TWENTIETH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO 2 PLAINTIFFS’ COMPLAINT, AND TO EACH CAUSE OF ACTION THEREOF, THIS ANSWERING 3 DEFENDANT ALLEGES AS FOLLOWS: 4 This answering Defendant asserts that it currently has insufficient knowledge or information upon 5 which to determine whether additional affirmative defenses may be available that have not yet been 6 asserted in this answer and, therefore, reserves the right to assert additional affirmative defenses based 7 upon subsequent discovery, investigation, and analysis. 8 WHEREFORE, Defendant prays: 9 1. That Plaintiffs take nothing by way of the Complaint; 10 2. That Plaintiffs’ recovery against this answering Defendant, if any, be diminished by an 11 amount equal to the degree of negligence or fault attributable to Plaintiffs; 142 Sansome Street, Suite 610, San Francisco, CA 94104 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 3. That Plaintiffs’ recovery against this answering Defendant, if any, be diminished by an 13 amount equal to the degree of negligence or fault attributable to other third parties, whether named or 14 unnamed, other than the Defendant in this action; 15 4. For costs of suit incurred here; and 16 5. For such other and further relief as the Court deems just and proper. 17 18 Dated: April 15, 2024 LORBER, GREENFIELD & POLITO, LLP 19 20 By: 21 Emmett E. Seltzer Attorneys for Defendant 22 LAS ROSAS, LLC 23 24 25 26 27 28 8 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 1 Re: Ames, et al. v. Las Rosas, LLC, et al. Court: Superior Court of California County of Kern 2 Case No: BCV-23-103286-DRZ 3 PROOF OF SERVICE 4 (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules Civ. Proc., rule 5(b).) I am employed in the County of San Francisco, State of California. I am over the age of 18 and 5 not a party to the within action. My business address is 142 Sansome Street, Suite 610, San Francisco, 6 CA 94104. 7 On April 15, 2024, I served the foregoing document described as: 8 ANSWER TO COMPLAINT BY DEFENDANT LAS ROSAS, LLC 9 on the interested parties in this action, addressed as follows: 10 (BY ELECTRONIC SERVICE) — I confirmed and served pursuant to Code of Civil 142 Sansome Street, Suite 610, San Francisco, California 94104 11 Procedure Section 1010.6, subdivision (e)(1), a true copy, with all exhibits (if any), LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 electronically on those designated below by attaching a copy of the document(s) in PDF format to the email addresses confirmed by the parties listed below, allowing for electronic 13 service of a notice or document that may be served by File & ServeXpress, mail, express mail, overnight delivery, or facsimile transmission. 14 SERVICE LIST ATTACHED 15 I declare under penalty of perjury under the laws of the State of California that the above is true 16 and correct. 17 18 Executed on April 15, 2024,, in San Francisco, California. 19 20 Leon Thomas, Jr. 21 22 23 24 25 26 27 28 9 PROOF OF SERVICE 1 SERVICE LIST 2 Updated 4/15/2024 Israel Enrique Garcia, Esq. Attorney for Plaintiff 3 Mark A. Arreguin, Esq. CHRISTIAN A. AMES, et al. 4 GARCIA | MARSALLI, LLP, 215 California Street 5 El Segundo, CA 90245-4310 Tel: 323-375-5999 | Fax: 323-375-5998 6 israel@garciamarsalli.com 7 8 9 10 142 Sansome Street, Suite 610, San Francisco, California 94104 11 LORBER, GREENFIELD & OLSEN, LLP Telephone (415) 986-0688 / Facsimile (415) 986-1172 12 13 14 15 16 17 18 19