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1 Mark C. Carlson, Esq., [SBN 166195]
Stuart T. Miller, Esq., [SBN 256533]
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CARLSON LAW GROUP, INC.
3 6300 Canoga Avenue, Suite 1300
Woodland Hills, California 91367
4 Telephone No.: (818) 996-7800
Facsimile No.: (818) 884-4285
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Email: Stuart.Miller@carlsonlawgroup.com
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Attorneys for Defendants, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK
7 REALTY (erroneously sued herein Agentcor, Inc.) and MARIO FALCONI
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF KERN
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NIDIA LOPEZ, an individual, Case No.: BCV-23-103673-TSC
11 Complaint Filed: November 1, 2023
Plaintiff, Assigned to: Hon. Thomas S. Clark
12 Dept.: 17
13 vs.
ANSWER OF DEFENDANTS,
14 LENNAR CORPORATION, a Delaware AGENTCOR MANAGEMENT, INC. dba
corporation; CALATLANTIC GROUP, INC. a AGENTCOR-BIG BLOCK REALTY
15 AND MARIO FALCONI TO
Delaware corporation; ROGER TILFORD, an
16 individual; AGENTCOR INC., a California COMPLAINT
corporation; MARIO FALCONI, an individual and
17 and DOES 1-1000, Inclusive,
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Defendants.
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22 Defendants, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK
23 REALTY (erroneously sued herein Agentcor, Inc.) and MARIO FALCONI (collectively,
24 “Answering Defendants”) hereby answer and respond to the Complaint of Plaintiff, NIDIA LOPEZ
25 (“Plaintiff”) on file herein as follows:
26 GENERAL DENIAL
27 1. Pursuant to the provisions of California Code of Civil Procedure section 431.30,
28 subdivision (d), Answering Defendants deny, generally and specifically, each and every allegation of
1
ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 the Complaint and the whole thereof, deny that Plaintiff has sustained damages in any sum or sums
2 alleged, or in any sum or at all, by reason of any act or omission of Answering Defendants, their
3 agents or employees, and further deny that Plaintiff is entitled to the relief claimed or any other relief
4 alleged in the Complaint.
5 AFFIRMATIVE DEFENSES
6 FIRST AFFIRMATIVE DEFENSE
7 (Failure to State a Claim or Cause of Action)
8 2. Answering Defendants are informed and believe, and thereon allege, that each of the
9 purported causes of action wherein Answering Defendants are named in the Complaint fails to state
10 a cause of action against Answering Defendants. This defense is alleged in the alternative and does
11 not admit any of the allegations contained in the Complaint.
12 SECOND AFFIRMATIVE DEFENSE
13 (Statute of Limitations)
14 3. Answering Defendants are informed and believe, and thereon allege, that each of the
15 purported causes of action wherein Answering Defendants are named in the Complaint is barred by
16 the applicable Statute of Limitations. This defense is alleged in the alternative and does not admit
17 any of the allegations contained in the Complaint.
18 THIRD AFFIRMATIVE DEFENSE
19 (Laches)
20 4. Answering Defendants are informed and believe, and thereon allege, that the
21 Complaint should be barred under the Doctrine of Laches because Plaintiff unjustifiably delayed in
22 commencing this action with said delay having prejudiced the rights of Answering Defendants. This
23 defense is alleged in the alternative and does not admit any of the allegations contained in the
24 Complaint.
25 FOURTH AFFIRMATIVE DEFENSE
26 (Estoppel/Equitable Estoppel/Judicial Estoppel)
27 5. Answering Defendants are informed and believe, and thereon allege, that Plaintiff is
28 estopped or should be equitably and/or judicially estopped from obtaining the relief sought from
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 Answering Defendants. This defense is alleged in the alternative and does not admit any of the
2 allegations contained in the Complaint.
3 FIFTH AFFIRMATIVE DEFENSE
4 (Unclean Hands)
5 6. Answering Defendants are informed and believe, and thereon allege, that the
6 Complaint should be barred due to Plaintiff’s unclean hands. This defense is alleged in the alternative
7 and does not admit any of the allegations contained in the Complaint.
8 SIXTH AFFIRMATIVE DEFENSE
9 (Fraud and Deceit of Other Parties)
10 7. Answering Defendants are informed and believe, and thereon allege, 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 persons or entities for whom Answering Defendants are not
13 responsible. This defense is alleged in the alternative and does not admit any of the allegations
14 contained in the Complaint.
15 SEVENTH AFFIRMATIVE DEFENSE
16 (Damages Caused by Negligence of Plaintiff)
17 8. Answering Defendants are informed and believe, and thereon allege, that at all times
18 alleged in the Complaint, Plaintiff failed to exercise ordinary and reasonable care on her own behalf
19 with such negligence being the proximate cause of some portion, up to and including the whole
20 thereof, of Plaintiff’s alleged damages, if any, and Plaintiff’s recovery, therefore, should be barred
21 and/or reduced according to law, up to and including the whole thereof. This defense is alleged in
22 the alternative and does not admit any of the allegations contained in the Complaint.
23 EIGHT AFFIRMATIVE DEFENSE
24 (Damages Claimed Attributable to Unknown Parties)
25 9. Answering Defendants are informed and believe, and thereon allege, that if Answering
26 Defendants are subjected to any liability to Plaintiff herein, it will be due, in whole and/or in part, to
27 the conduct, acts, omissions and/or activities of a party and/or parties unknown to Answering
28 Defendants at this time, and any recovery obtained by Plaintiff should be barred and/or reduced
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 according to law, up to and including the whole thereof. This defense is alleged in the alternative and
2 does not admit any of the allegations contained in the Complaint.
3 NINTH AFFIRMATIVE DEFENSE
4 (Intervening and Superseding Cause)
5 10. Answering Defendants are informed and believe, and thereon allege, that the damages
6 of which Plaintiff complains, if any, were proximately caused and contributed to by the acts,
7 omissions or breaches of other defendants, cross-defendants, persons and entities, and said acts,
8 omissions or breaches were intervening and superseding causes of damages of which Plaintiff
9 complains, if any, thus barring Plaintiff from any recovery from Answering Defendants. This defense
10 is alleged in the alternative and does not admit any of the allegations contained in the Complaint.
11 TENTH AFFIRMATIVE DEFENSE
12 (Assumption of Risk)
13 11. Answering Defendants are informed and believe, and thereon allege, that Plaintiff
14 should be barred from recovery to the extent she assumed the risk of any damages which she may
15 have sustained, if any. This defense is alleged in the alternative and does not admit any of the
16 allegations contained in the Complaint.
17 ELEVENTH AFFIRMATIVE DEFENSE
18 (Lack of Proximate Cause)
19 12. Answering Defendants are informed and believe, and thereon allege, that any alleged
20 conduct or omission by Answering Defendants was not the cause in fact, or proximate cause, of any
21 damages alleged by Plaintiff, if any. This defense is alleged in the alternative and does not admit any
22 of the allegations contained in the Complaint.
23 TWELFTH AFFIRMATIVE DEFENSE
24 (No Liability for Third Party Acts)
25 13. Answering Defendants are informed and believe, and thereon allege, that Answering
26 Defendants are not liable for independent acts of third parties and Plaintiff’s damages, if any, are
27 attributable to acts of third parties. This defense is alleged in the alternative and does not admit any
28 of the allegations contained in the Complaint.
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 THIRTEENTH AFFIRMATIVE DEFENSE
2 (Waiver)
3 14. Answering Defendants are informed and believe, and thereon allege, that Plaintiff
4 voluntarily and knowingly failed to take action to protect her rights and have thus waived such rights.
5 This defense is alleged in the alternative and does not admit any of the allegations contained in the
6 Complaint.
7 FOURTEENTH AFFIRMATIVE DEFENSE
8 (Failure to Mitigate Damages)
9 15. Answering Defendants are informed and believe, and thereon allege, that any recovery
10 by Plaintiff is barred by her failure to mitigate damages, or that any recovery must be reduced by
11 those damages that she failed to so mitigate. This defense is alleged in the alternative and does not
12 admit any of the allegations contained in the Complaint.
13 FIFTEENTH AFFIRMATIVE DEFENSE
14 (Failure to Exercise Due Care)
15 16. Answering Defendants are informed and believe, and thereon allege, that any recovery
16 by Plaintiff is barred, in whole or part, in that she failed to exercise the quality and quantity of care
17 and caution for which reasonable individuals in similar circumstances would have exercised with said
18 failure and negligence proximately causing and/or contributing to Plaintiff’s actual damages, if any,
19 and recovery of such damages should be diminished or barred. This defense is alleged in the
20 alternative and does not admit any of the allegations contained in the Complaint.
21 SIXTEENTH AFFIRMATIVE DEFENSE
22 (Consent)
23 17. Answering Defendants are informed and believe, and thereon allege, that Plaintiff, at
24 all times, gave consent, express or implied, to the acts, omissions and conduct of Answering
25 Defendants alleged in the Complaint. This defense is alleged in the alternative and does not admit
26 any of the allegations contained in the Complaint.
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 SEVENTEENTH AFFIRMATIVE DEFENSE
2 (Ratification)
3 18. Answering Defendants are informed and believe, and thereon allege, that Plaintiff
4 ratified the alleged acts of Answering Defendants. This defense is alleged in the alternative and does
5 not admit any of the allegations contained in the Complaint.
6 EIGHTEENTH AFFIRMATIVE DEFENSE
7 (Release)
8 19. Answering Defendants are informed and believe, and thereon allege, that Plaintiff
9 expressly, impliedly and/or equitably released all rights against Answering Defendants in connection
10 with the transaction giving rise to the allegations set forth in the Complaint. This defense is alleged
11 in the alternative and does not admit any of the allegations contained in the Complaint.
12 NINETEENTH AFFIRMATIVE DEFENSE
13 (Damages Set-Off)
14 20. Answering Defendants are informed and believe, and thereon allege, that Plaintiff’s
15 damages, if any, are subject to set-off by any value and/or benefit she obtained with any recovery so
16 obtained barred and/or reduced according to law, up to and including the whole thereof. This defense
17 is alleged in the alternative and does not admit any of the allegations contained in the Complaint.
18 TWENTIETH AFFIRMATIVE DEFENSE
19 (Good Faith by Answering Defendants)
20 21. Answering Defendants are informed and believe, and thereon allege, that any conduct
21 on the part of Answering Defendants, or representations made by Answering Defendants, were made
22 in good faith. This defense is alleged in the alternative and does not admit any of the allegations
23 contained in the Complaint.
24 TWENTY-FIRST AFFIRMATIVE DEFENSE
25 (Injury Claimed Attributable to Plaintiff)
26 22. Answering Defendants are informed and believe, and thereon allege, that any damages
27 suffered by Plaintiff, if any, were caused by the acts, omissions and wrongdoing of Plaintiff by virtue
28 of her own acts and/or the acts or omissions of others chargeable to them. This defense is alleged in
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 the alternative and does not admit any of the allegations contained in the Complaint.
2 TWENTY-SECOND AFFIRMATIVE DEFENSE
3 (Multiple Causation)
4 23. Answering Defendants are informed and believe, and thereon allege, that if Answering
5 Defendants are subjected to any liability to Plaintiff herein it will be due, in whole or in part, to the
6 conduct, acts, omissions, and/or activities of third parties other than Answering Defendants who
7 proximately caused and/or contributed to the events leading up to the incidents which form the basis
8 for the allegations contained in the Complaint and therefore, Answering Defendants are entitled to a
9 judicial determination of the percentage of fault of each party who is a legal cause of the damages
10 sustained by Plaintiff, if any. This defense is alleged in the alternative and does not admit any of the
11 allegations contained in the Complaint.
12 TWENTY-THIRD AFFIRMATIVE DEFENSE
13 (Damages Uncertain)
14 24. Answering Defendants are informed and believe, and thereon allege, that the damages
15 claimed by Plaintiff in the Complaint, if any, are uncertain and thereby preclude calculation and
16 recovery thereof. This defense is alleged in the alternative and does not admit any of the allegations
17 contained in the Complaint.
18 TWENTY-FOURTH AFFIRMATIVE DEFENSE
19 (Speculative Damages)
20 25. Answering Defendants are informed and believe, and thereon allege, that the damages
21 claimed by Plaintiff in the Complaint, if any, are speculative and thereby preclude calculation and
22 recovery thereof. This defense is alleged in the alternative and does not admit any of the allegations
23 contained in the Complaint.
24 TWENTY-FIFTH AFFIRMATIVE DEFENSE
25 (Unforeseeable Damages)
26 26. Answering Defendants are informed and believe, and thereon allege, that the damages
27 claimed by Plaintiff in the Complaint, if any, were unforeseeable and thereby preclude recovery
28 thereof. This defense is alleged in the alternative and does not admit any of the allegations contained
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 in the Complaint.
2 TWENTY-SIXTH AFFIRMATIVE DEFENSE
3 (Prevention and Frustration)
4 27. Answering Defendants are informed and believe, and thereon allege, that at all times
5 relevant herein, Answering Defendants were ready, willing and able to perform its alleged obligations
6 to Plaintiff, if any, but Plaintiff prevented and frustrated said performance. This defense is alleged in
7 the alternative and does not admit any of the allegations contained in the Complaint.
8 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
9 (Reasonableness by Answering Defendants)
10 28. Answering Defendants are informed and believe, and thereon allege, that any conduct
11 on the part of Answering Defendants, or representations made by Answering Defendants, were
12 reasonable. This defense is alleged in the alternative and does not admit any of the allegations
13 contained in the Complaint.
14 TWENTY-EIGHTH AFFIRMATIVE DEFENSE
15 (Comparative Negligence)
16 29. Answering Defendants are informed and believe, and thereon allege, that the damages
17 claimed by Plaintiff, if any, were proximately caused by the negligence of others not under the control
18 of Answering Defendants, including but not limited to Plaintiff, with such negligence barring or
19 diminishing Plaintiff’s recovery against Answering Defendants. This defense is alleged in the
20 alternative and does not admit any of the allegations contained in the Complaint.
21 TWENTY-NINTH AFFIRMATIVE DEFENSE
22 (Intentional Acts)
23 30. Answering Defendants are informed and believe, and thereon allege, that the damages
24 alleged in the Complaint, if any, were caused solely by the intentional acts of parties other than
25 Answering Defendants. This defense is alleged in the alternative and does not admit any of the
26 allegations contained in the Complaint.
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 THIRTIETH AFFIRMATIVE DEFENSE
2 (Several Damages)
3 31. Answering Defendants are informed and believe, and thereon allege, that their
4 liability, if any, for non-economic general damages is several only and not joint pursuant to California
5 Civil Code § 1431.2. This defense is alleged in the alternative and does not admit any of the
6 allegations contained in the Complaint.
7 THIRTY-FIRST AFFIRMATIVE DEFENSE
8 (Secondary Liability)
9 32. Answering Defendants are informed and believe, and thereon allege, that in the event
10 that Answering Defendants are held liable to Plaintiff herein, which liability is expressly denied, then
11 the liability of Answering Defendants is secondary only and the liability of other defendants, cross-
12 defendants, or third parties would be actively and primarily liable for Plaintiff’s alleged damages, if
13 any. This defense is alleged in the alternative and does not admit any of the allegations contained in
14 the Complaint.
15 THIRTY-SECOND AFFIRMATIVE DEFENSE
16 (Negligence of Others)
17 33. Answering Defendants are informed and believe, and thereon allege, that Plaintiff’s
18 recovery against Answering Defendants, if any, is barred or diminishable to the extent that her alleged
19 damages, if any, were the direct and proximate result of the acts or omissions of independent third
20 parties, named or unnamed, or her agents, servants or employees, and not the acts or omissions of
21 Answering Defendants. This defense is alleged in the alternative and does not admit any of the
22 allegations contained in the Complaint.
23 THIRTY-THIRD AFFIRMATIVE DEFENSE
24 (Right to Add Additional Affirmative Defenses)
25 34. Answering Defendants are informed and believe, and thereon allege, that because the
26 Complaint herein is couched in conclusory terms, Answering Defendants presently have insufficient
27 knowledge or information on which to form a belief as to whether it may have additional, as yet
28 unstated, affirmative defenses available and cannot fully anticipate all affirmative defenses that may
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 be applicable to the within action. Accordingly, the right to assert additional affirmative defenses, if
2 and to the extent that such affirmative defenses are applicable, is hereby reserved. This defense is
3 alleged in the alternative and does not admit any of the allegations contained in the Complaint.
4 WHEREFORE, Answering Defendants pray for judgment as follows:
5 1. That Plaintiff take nothing by way of the Complaint on file herein;
6 2. That the Court enter judgment in favor of Answering Defendants and against Plaintiff;
7 3. For costs of suit incurred herein; and
8 4. For whatever other and further relief as the Court deems necessary and proper.
9 Dated: April 16, 2024 CARLSON LAW GROUP, INC.
10
11
By: ___________________________________
12 Mark C. Carlson, Esq.
Stuart T. Miller, Esq.
13 Attorneys for Defendants, AGENTCOR
MANAGEMENT, INC. dba AGENTCOR-BIG
14
BLOCK REALTY (erroneously sued herein Agentcor,
15 Inc.) and MARIO FALCONI
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 PROOF OF SERVICE
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
4 not a party to the within action; my present address is: 6300 Canoga Avenue, Suite 1300, Woodland
Hills, California 91367.
5
6 On April 16, 2024, I served the foregoing document described as ANSWER OF
DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK
7 REALTY AND MARIO FALCONI TO COMPLAINT on the parties by placing a true copy thereof
enclosed in a sealed envelope addressed as follows:
8
9 SEE ATTACHED SERVICE LIST
10 BY MAIL: I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on
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that same day with postage thereon fully prepaid at Woodland Hills, California in the ordinary course of
12 business.
13 XX BY ELECTRONIC SERVICE: I electronically served the document(s) described above
via GreenFiling on the recipients designated on the Transaction Receipt located on the GreenFiling
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website (https://california.greenfiling.com/cabeta/) pursuant to the Court Order establishing the case
15 website and authorizing service of documents.
16 Executed on April 16, 2024 at Woodland Hills, California.
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XX (State) I declare under penalty of perjury under the laws of the State of California that the
18 above is true and correct.
19 (Federal) I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made.
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21 /s/ Stephanie Mansilla
____________________________
22 Stephanie Mansilla
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
1 Lopez v. Lennar, et al.
Bakersfield Superior Court, Case No.: BCV-23-103673-TSC
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Kurt E. Kananen, Esq.
4 Kristy & Kananen
3780 Kilroy Airport Way, Suite 200
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Long Beach, CA 90806
6 Telephone No.: (866) 981-1498
Email: kurt@kristylaw.com
7 Attorney for Plaintiff, NIDIA LOPEZ
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9 Preston L. Brock, Esq.
Plante Lebovic, LLP
10 18100 Von Karman Avenue, Suite 700
Irvine, CA 92612
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Email: pbrock@plantelebovic.com
12 Attorney for Defendants, LENNAR CORPORATION and CALATLANTIC GROUP, INC.
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ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND
MARIO FALCONI TO COMPLAINT
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1 Mark C. Carlson, Esq., [SBN 166195] Stuart T. Miller, Esq., [SBN 256533] 2 CARLSON LAW GROUP, INC. 3 6300 Canoga Avenue, Suite 1300 Woodland Hills, California 91367 4 Telephone No.: (818) 996-7800 Facsimile No.: (818) 884-4285 5 Email: Stuart.Miller@carlsonlawgroup.com 6 Attorneys for Defendants, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK 7 REALTY (erroneously sued herein Agentcor, Inc.) and MARIO FALCONI 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 NIDIA LOPEZ, an individual, Case No.: BCV-23-103673-TSC 11 Complaint Filed: November 1, 2023 Plaintiff, Assigned to: Hon. Thomas S. Clark 12 Dept.: 17 13 vs. ANSWER OF DEFENDANTS, 14 LENNAR CORPORATION, a Delaware AGENTCOR MANAGEMENT, INC. dba corporation; CALATLANTIC GROUP, INC. a AGENTCOR-BIG BLOCK REALTY 15 AND MARIO FALCONI TO Delaware corporation; ROGER TILFORD, an 16 individual; AGENTCOR INC., a California COMPLAINT corporation; MARIO FALCONI, an individual and 17 and DOES 1-1000, Inclusive, 18 Defendants. 19 20 21 22 Defendants, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK 23 REALTY (erroneously sued herein Agentcor, Inc.) and MARIO FALCONI (collectively, 24 “Answering Defendants”) hereby answer and respond to the Complaint of Plaintiff, NIDIA LOPEZ 25 (“Plaintiff”) on file herein as follows: 26 GENERAL DENIAL 27 1. Pursuant to the provisions of California Code of Civil Procedure section 431.30, 28 subdivision (d), Answering Defendants deny, generally and specifically, each and every allegation of 1 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 the Complaint and the whole thereof, deny that Plaintiff has sustained damages in any sum or sums 2 alleged, or in any sum or at all, by reason of any act or omission of Answering Defendants, their 3 agents or employees, and further deny that Plaintiff is entitled to the relief claimed or any other relief 4 alleged in the Complaint. 5 AFFIRMATIVE DEFENSES 6 FIRST AFFIRMATIVE DEFENSE 7 (Failure to State a Claim or Cause of Action) 8 2. Answering Defendants are informed and believe, and thereon allege, that each of the 9 purported causes of action wherein Answering Defendants are named in the Complaint fails to state 10 a cause of action against Answering Defendants. This defense is alleged in the alternative and does 11 not admit any of the allegations contained in the Complaint. 12 SECOND AFFIRMATIVE DEFENSE 13 (Statute of Limitations) 14 3. Answering Defendants are informed and believe, and thereon allege, that each of the 15 purported causes of action wherein Answering Defendants are named in the Complaint is barred by 16 the applicable Statute of Limitations. This defense is alleged in the alternative and does not admit 17 any of the allegations contained in the Complaint. 18 THIRD AFFIRMATIVE DEFENSE 19 (Laches) 20 4. Answering Defendants are informed and believe, and thereon allege, that the 21 Complaint should be barred under the Doctrine of Laches because Plaintiff unjustifiably delayed in 22 commencing this action with said delay having prejudiced the rights of Answering Defendants. This 23 defense is alleged in the alternative and does not admit any of the allegations contained in the 24 Complaint. 25 FOURTH AFFIRMATIVE DEFENSE 26 (Estoppel/Equitable Estoppel/Judicial Estoppel) 27 5. Answering Defendants are informed and believe, and thereon allege, that Plaintiff is 28 estopped or should be equitably and/or judicially estopped from obtaining the relief sought from 2 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 Answering Defendants. This defense is alleged in the alternative and does not admit any of the 2 allegations contained in the Complaint. 3 FIFTH AFFIRMATIVE DEFENSE 4 (Unclean Hands) 5 6. Answering Defendants are informed and believe, and thereon allege, that the 6 Complaint should be barred due to Plaintiff’s unclean hands. This defense is alleged in the alternative 7 and does not admit any of the allegations contained in the Complaint. 8 SIXTH AFFIRMATIVE DEFENSE 9 (Fraud and Deceit of Other Parties) 10 7. Answering Defendants are informed and believe, and thereon allege, 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 persons or entities for whom Answering Defendants are not 13 responsible. This defense is alleged in the alternative and does not admit any of the allegations 14 contained in the Complaint. 15 SEVENTH AFFIRMATIVE DEFENSE 16 (Damages Caused by Negligence of Plaintiff) 17 8. Answering Defendants are informed and believe, and thereon allege, that at all times 18 alleged in the Complaint, Plaintiff failed to exercise ordinary and reasonable care on her own behalf 19 with such negligence being the proximate cause of some portion, up to and including the whole 20 thereof, of Plaintiff’s alleged damages, if any, and Plaintiff’s recovery, therefore, should be barred 21 and/or reduced according to law, up to and including the whole thereof. This defense is alleged in 22 the alternative and does not admit any of the allegations contained in the Complaint. 23 EIGHT AFFIRMATIVE DEFENSE 24 (Damages Claimed Attributable to Unknown Parties) 25 9. Answering Defendants are informed and believe, and thereon allege, that if Answering 26 Defendants are subjected to any liability to Plaintiff herein, it will be due, in whole and/or in part, to 27 the conduct, acts, omissions and/or activities of a party and/or parties unknown to Answering 28 Defendants at this time, and any recovery obtained by Plaintiff should be barred and/or reduced 3 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 according to law, up to and including the whole thereof. This defense is alleged in the alternative and 2 does not admit any of the allegations contained in the Complaint. 3 NINTH AFFIRMATIVE DEFENSE 4 (Intervening and Superseding Cause) 5 10. Answering Defendants are informed and believe, and thereon allege, that the damages 6 of which Plaintiff complains, if any, were proximately caused and contributed to by the acts, 7 omissions or breaches of other defendants, cross-defendants, persons and entities, and said acts, 8 omissions or breaches were intervening and superseding causes of damages of which Plaintiff 9 complains, if any, thus barring Plaintiff from any recovery from Answering Defendants. This defense 10 is alleged in the alternative and does not admit any of the allegations contained in the Complaint. 11 TENTH AFFIRMATIVE DEFENSE 12 (Assumption of Risk) 13 11. Answering Defendants are informed and believe, and thereon allege, that Plaintiff 14 should be barred from recovery to the extent she assumed the risk of any damages which she may 15 have sustained, if any. This defense is alleged in the alternative and does not admit any of the 16 allegations contained in the Complaint. 17 ELEVENTH AFFIRMATIVE DEFENSE 18 (Lack of Proximate Cause) 19 12. Answering Defendants are informed and believe, and thereon allege, that any alleged 20 conduct or omission by Answering Defendants was not the cause in fact, or proximate cause, of any 21 damages alleged by Plaintiff, if any. This defense is alleged in the alternative and does not admit any 22 of the allegations contained in the Complaint. 23 TWELFTH AFFIRMATIVE DEFENSE 24 (No Liability for Third Party Acts) 25 13. Answering Defendants are informed and believe, and thereon allege, that Answering 26 Defendants are not liable for independent acts of third parties and Plaintiff’s damages, if any, are 27 attributable to acts of third parties. This defense is alleged in the alternative and does not admit any 28 of the allegations contained in the Complaint. 4 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 THIRTEENTH AFFIRMATIVE DEFENSE 2 (Waiver) 3 14. Answering Defendants are informed and believe, and thereon allege, that Plaintiff 4 voluntarily and knowingly failed to take action to protect her rights and have thus waived such rights. 5 This defense is alleged in the alternative and does not admit any of the allegations contained in the 6 Complaint. 7 FOURTEENTH AFFIRMATIVE DEFENSE 8 (Failure to Mitigate Damages) 9 15. Answering Defendants are informed and believe, and thereon allege, that any recovery 10 by Plaintiff is barred by her failure to mitigate damages, or that any recovery must be reduced by 11 those damages that she failed to so mitigate. This defense is alleged in the alternative and does not 12 admit any of the allegations contained in the Complaint. 13 FIFTEENTH AFFIRMATIVE DEFENSE 14 (Failure to Exercise Due Care) 15 16. Answering Defendants are informed and believe, and thereon allege, that any recovery 16 by Plaintiff is barred, in whole or part, in that she failed to exercise the quality and quantity of care 17 and caution for which reasonable individuals in similar circumstances would have exercised with said 18 failure and negligence proximately causing and/or contributing to Plaintiff’s actual damages, if any, 19 and recovery of such damages should be diminished or barred. This defense is alleged in the 20 alternative and does not admit any of the allegations contained in the Complaint. 21 SIXTEENTH AFFIRMATIVE DEFENSE 22 (Consent) 23 17. Answering Defendants are informed and believe, and thereon allege, that Plaintiff, at 24 all times, gave consent, express or implied, to the acts, omissions and conduct of Answering 25 Defendants alleged in the Complaint. This defense is alleged in the alternative and does not admit 26 any of the allegations contained in the Complaint. 27 /// 28 /// 5 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 SEVENTEENTH AFFIRMATIVE DEFENSE 2 (Ratification) 3 18. Answering Defendants are informed and believe, and thereon allege, that Plaintiff 4 ratified the alleged acts of Answering Defendants. This defense is alleged in the alternative and does 5 not admit any of the allegations contained in the Complaint. 6 EIGHTEENTH AFFIRMATIVE DEFENSE 7 (Release) 8 19. Answering Defendants are informed and believe, and thereon allege, that Plaintiff 9 expressly, impliedly and/or equitably released all rights against Answering Defendants in connection 10 with the transaction giving rise to the allegations set forth in the Complaint. This defense is alleged 11 in the alternative and does not admit any of the allegations contained in the Complaint. 12 NINETEENTH AFFIRMATIVE DEFENSE 13 (Damages Set-Off) 14 20. Answering Defendants are informed and believe, and thereon allege, that Plaintiff’s 15 damages, if any, are subject to set-off by any value and/or benefit she obtained with any recovery so 16 obtained barred and/or reduced according to law, up to and including the whole thereof. This defense 17 is alleged in the alternative and does not admit any of the allegations contained in the Complaint. 18 TWENTIETH AFFIRMATIVE DEFENSE 19 (Good Faith by Answering Defendants) 20 21. Answering Defendants are informed and believe, and thereon allege, that any conduct 21 on the part of Answering Defendants, or representations made by Answering Defendants, were made 22 in good faith. This defense is alleged in the alternative and does not admit any of the allegations 23 contained in the Complaint. 24 TWENTY-FIRST AFFIRMATIVE DEFENSE 25 (Injury Claimed Attributable to Plaintiff) 26 22. Answering Defendants are informed and believe, and thereon allege, that any damages 27 suffered by Plaintiff, if any, were caused by the acts, omissions and wrongdoing of Plaintiff by virtue 28 of her own acts and/or the acts or omissions of others chargeable to them. This defense is alleged in 6 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 the alternative and does not admit any of the allegations contained in the Complaint. 2 TWENTY-SECOND AFFIRMATIVE DEFENSE 3 (Multiple Causation) 4 23. Answering Defendants are informed and believe, and thereon allege, that if Answering 5 Defendants are subjected to any liability to Plaintiff herein it will be due, in whole or in part, to the 6 conduct, acts, omissions, and/or activities of third parties other than Answering Defendants who 7 proximately caused and/or contributed to the events leading up to the incidents which form the basis 8 for the allegations contained in the Complaint and therefore, Answering Defendants are entitled to a 9 judicial determination of the percentage of fault of each party who is a legal cause of the damages 10 sustained by Plaintiff, if any. This defense is alleged in the alternative and does not admit any of the 11 allegations contained in the Complaint. 12 TWENTY-THIRD AFFIRMATIVE DEFENSE 13 (Damages Uncertain) 14 24. Answering Defendants are informed and believe, and thereon allege, that the damages 15 claimed by Plaintiff in the Complaint, if any, are uncertain and thereby preclude calculation and 16 recovery thereof. This defense is alleged in the alternative and does not admit any of the allegations 17 contained in the Complaint. 18 TWENTY-FOURTH AFFIRMATIVE DEFENSE 19 (Speculative Damages) 20 25. Answering Defendants are informed and believe, and thereon allege, that the damages 21 claimed by Plaintiff in the Complaint, if any, are speculative and thereby preclude calculation and 22 recovery thereof. This defense is alleged in the alternative and does not admit any of the allegations 23 contained in the Complaint. 24 TWENTY-FIFTH AFFIRMATIVE DEFENSE 25 (Unforeseeable Damages) 26 26. Answering Defendants are informed and believe, and thereon allege, that the damages 27 claimed by Plaintiff in the Complaint, if any, were unforeseeable and thereby preclude recovery 28 thereof. This defense is alleged in the alternative and does not admit any of the allegations contained 7 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 in the Complaint. 2 TWENTY-SIXTH AFFIRMATIVE DEFENSE 3 (Prevention and Frustration) 4 27. Answering Defendants are informed and believe, and thereon allege, that at all times 5 relevant herein, Answering Defendants were ready, willing and able to perform its alleged obligations 6 to Plaintiff, if any, but Plaintiff prevented and frustrated said performance. This defense is alleged in 7 the alternative and does not admit any of the allegations contained in the Complaint. 8 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 9 (Reasonableness by Answering Defendants) 10 28. Answering Defendants are informed and believe, and thereon allege, that any conduct 11 on the part of Answering Defendants, or representations made by Answering Defendants, were 12 reasonable. This defense is alleged in the alternative and does not admit any of the allegations 13 contained in the Complaint. 14 TWENTY-EIGHTH AFFIRMATIVE DEFENSE 15 (Comparative Negligence) 16 29. Answering Defendants are informed and believe, and thereon allege, that the damages 17 claimed by Plaintiff, if any, were proximately caused by the negligence of others not under the control 18 of Answering Defendants, including but not limited to Plaintiff, with such negligence barring or 19 diminishing Plaintiff’s recovery against Answering Defendants. This defense is alleged in the 20 alternative and does not admit any of the allegations contained in the Complaint. 21 TWENTY-NINTH AFFIRMATIVE DEFENSE 22 (Intentional Acts) 23 30. Answering Defendants are informed and believe, and thereon allege, that the damages 24 alleged in the Complaint, if any, were caused solely by the intentional acts of parties other than 25 Answering Defendants. This defense is alleged in the alternative and does not admit any of the 26 allegations contained in the Complaint. 27 /// 28 /// 8 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 THIRTIETH AFFIRMATIVE DEFENSE 2 (Several Damages) 3 31. Answering Defendants are informed and believe, and thereon allege, that their 4 liability, if any, for non-economic general damages is several only and not joint pursuant to California 5 Civil Code § 1431.2. This defense is alleged in the alternative and does not admit any of the 6 allegations contained in the Complaint. 7 THIRTY-FIRST AFFIRMATIVE DEFENSE 8 (Secondary Liability) 9 32. Answering Defendants are informed and believe, and thereon allege, that in the event 10 that Answering Defendants are held liable to Plaintiff herein, which liability is expressly denied, then 11 the liability of Answering Defendants is secondary only and the liability of other defendants, cross- 12 defendants, or third parties would be actively and primarily liable for Plaintiff’s alleged damages, if 13 any. This defense is alleged in the alternative and does not admit any of the allegations contained in 14 the Complaint. 15 THIRTY-SECOND AFFIRMATIVE DEFENSE 16 (Negligence of Others) 17 33. Answering Defendants are informed and believe, and thereon allege, that Plaintiff’s 18 recovery against Answering Defendants, if any, is barred or diminishable to the extent that her alleged 19 damages, if any, were the direct and proximate result of the acts or omissions of independent third 20 parties, named or unnamed, or her agents, servants or employees, and not the acts or omissions of 21 Answering Defendants. This defense is alleged in the alternative and does not admit any of the 22 allegations contained in the Complaint. 23 THIRTY-THIRD AFFIRMATIVE DEFENSE 24 (Right to Add Additional Affirmative Defenses) 25 34. Answering Defendants are informed and believe, and thereon allege, that because the 26 Complaint herein is couched in conclusory terms, Answering Defendants presently have insufficient 27 knowledge or information on which to form a belief as to whether it may have additional, as yet 28 unstated, affirmative defenses available and cannot fully anticipate all affirmative defenses that may 9 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 be applicable to the within action. Accordingly, the right to assert additional affirmative defenses, if 2 and to the extent that such affirmative defenses are applicable, is hereby reserved. This defense is 3 alleged in the alternative and does not admit any of the allegations contained in the Complaint. 4 WHEREFORE, Answering Defendants pray for judgment as follows: 5 1. That Plaintiff take nothing by way of the Complaint on file herein; 6 2. That the Court enter judgment in favor of Answering Defendants and against Plaintiff; 7 3. For costs of suit incurred herein; and 8 4. For whatever other and further relief as the Court deems necessary and proper. 9 Dated: April 16, 2024 CARLSON LAW GROUP, INC. 10 11 By: ___________________________________ 12 Mark C. Carlson, Esq. Stuart T. Miller, Esq. 13 Attorneys for Defendants, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG 14 BLOCK REALTY (erroneously sued herein Agentcor, 15 Inc.) and MARIO FALCONI 16 17 18 19 20 21 22 23 24 25 26 27 28 10 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and 4 not a party to the within action; my present address is: 6300 Canoga Avenue, Suite 1300, Woodland Hills, California 91367. 5 6 On April 16, 2024, I served the foregoing document described as ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK 7 REALTY AND MARIO FALCONI TO COMPLAINT on the parties by placing a true copy thereof enclosed in a sealed envelope addressed as follows: 8 9 SEE ATTACHED SERVICE LIST 10 BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on 11 that same day with postage thereon fully prepaid at Woodland Hills, California in the ordinary course of 12 business. 13 XX BY ELECTRONIC SERVICE: I electronically served the document(s) described above via GreenFiling on the recipients designated on the Transaction Receipt located on the GreenFiling 14 website (https://california.greenfiling.com/cabeta/) pursuant to the Court Order establishing the case 15 website and authorizing service of documents. 16 Executed on April 16, 2024 at Woodland Hills, California. 17 XX (State) I declare under penalty of perjury under the laws of the State of California that the 18 above is true and correct. 19 (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 20 21 /s/ Stephanie Mansilla ____________________________ 22 Stephanie Mansilla 23 24 25 26 27 28 11 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT 1 Lopez v. Lennar, et al. Bakersfield Superior Court, Case No.: BCV-23-103673-TSC 2 3 Kurt E. Kananen, Esq. 4 Kristy & Kananen 3780 Kilroy Airport Way, Suite 200 5 Long Beach, CA 90806 6 Telephone No.: (866) 981-1498 Email: kurt@kristylaw.com 7 Attorney for Plaintiff, NIDIA LOPEZ 8 9 Preston L. Brock, Esq. Plante Lebovic, LLP 10 18100 Von Karman Avenue, Suite 700 Irvine, CA 92612 11 Email: pbrock@plantelebovic.com 12 Attorney for Defendants, LENNAR CORPORATION and CALATLANTIC GROUP, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 ANSWER OF DEFENDANTS, AGENTCOR MANAGEMENT, INC. dba AGENTCOR-BIG BLOCK REALTY AND MARIO FALCONI TO COMPLAINT