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1 Jennifer K. Stinnett, Esq. (SBN 228209)
R. Mac Prout, Esq. (SBN 101263)
2 CHRISTENSEN HSU SIPES LLP
1740 Creekside Oaks Drive, Suite 140
3 Sacramento, CA 95833
Tel.: (916) 443-6909 / Fax: (916) 313-0645
4 jennifer@chs.law
mac@chs.law
5
Attorneys for Defendant, TEAM GHILOTTI, INC.
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7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SONOMA
10
11 MARIA ANGULANO MENDOZA, by and ) Case No.: 23CV01988
through her Guardian Ad Litem, EMILIANO
)
CHRISTENSEN HSU SIPES LLP
12 GARCIA; EMILIANO GARCIA; JOSE ) DEFENDANT TEAM GHILOTTI, INC.’S
GARCIA, ) ANSWER TO PLAINTIFFS’
13 ) COMPLAINT
Plaintiffs, )
14 )
vs. )
15 ) Complaint Filed: December 14, 2023
DAVID WATSON; CITY OF PETALUMA; )
16 TEAM GHILOTTI, INC.; SANDALWOOD )
ESTATES, LLC; PG&E CORPORATION, )
17 PACIFIC GAS AND ELECTRIC COMPANY )
)
18 Defendants )
)
19
20 Defendant, TEAM GHILOTTI, INC. (hereinafter “this answering Defendant”), for itself
21 alone, and severing itself from all other defendants, hereby answers the operative Complaint
22 (hereinafter the “Complaint”) of Plaintiff, MARIA ANGULANO MENDOZA, by and through her
23 Guardian Ad Litem, EMILIANO GARCIA, (hereinafter “Plaintiff”) as follows.
24 GENERAL DENIAL
25 1. Under the provisions of C.C.P. § 431.30, this answering Defendant denies both
26 generally and specifically each and every allegation contained in the Complaint filed against this
27 answering Defendant, and the whole thereof, and each and every purported cause of action
28 contained therein and denies that Plaintiff sustained damages as alleged in any sum or sums, or at
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 all, by reason of any alleged act, breach or omission on the part of this answering Defendant.
2 2. By way of further answer to the Complaint, this answering Defendant denies that
3 it was negligent, breached any duty it owed or any warranty that it made, or that any act or
4 omission on its part, or on the part of its agents, servants or employees imputable or attributable
5 to it, caused any injuries to Plaintiff, or entitles the Plaintiff to the relief prayed for in said
6 Complaint, whether as alleged in the Complaint, or otherwise, or at all.
7 AFFIRMATIVE DEFENSES
8 FIRST, SEPARATE AND AFFIRMATIVE DEFENSE
9 (Plaintiffs’ Comparative Negligence)
10 3. As a first, separate and affirmative defense to the Complaint, and each cause of
11 action thereof, this answering Defendant alleges, by way of a plea of comparative negligence that
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12 the Plaintiffs was negligent in and about the matters and activities alleged in the Complaint, that
13 said negligence contributed to and was a legal cause of the alleged injuries and damages, if any,
14 or was the sole cause thereof, and that if this answering Defendant is found to have been
15 negligent, and if the Plaintiff is entitled to recover damages against this answering Defendant by
16 virtue of the Complaint, this answering Defendant prays that said recovery be diminished or
17 extinguished by reason of the negligence of the Plaintiff in proportion to the degree of fault
18 attributable to the Plaintiff.
19 SECOND, SEPARATE AND AFFIRMATIVE DEFENSE
20 (Other Defendant’s Comparative Negligence)
21 4. As a second, separate and affirmative defense to the Complaint, and each cause of
22 action thereof, this answering Defendant alleges by way of a plea of comparative negligence that
23 other defendants and/or cross-defendants were negligent in and about the matters and activities
24 alleged in the Complaint, that said negligence contributed to and was a legal cause of the alleged
25 injuries and damages, if any, or was the sole cause thereof, and that if the Plaintiff is entitled to
26 recover damages against this answering Defendant by virtue of the Complaint, this answering
27 Defendant prays that said recovery be diminished or extinguished by reason of the negligence of
28 the other defendants and/or cross-defendants in proportion to the degree of fault attributable to
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 them each, respectively.
2 THIRD, SEPARATE AND AFFIRMATIVE DEFENSE
3 (Third-Party Comparative Negligence)
4 5. As a third, separate and affirmative defense to the Complaint, and each cause of
5 action thereof, this answering Defendant alleges by way of a plea of comparative negligence that
6 third parties were negligent in and about the matters and activities alleged in the Complaint, that
7 said negligence contributed to and was a legal cause of the alleged injuries and damages, if any, or
8 was the sole cause thereof, and that if the Plaintiff is entitled to recover damages against this
9 answering Defendant by virtue of the Complaint, this answering Defendant prays that said
10 recovery be diminished or extinguished by reason of the negligence of these third parties in
11 proportion to the degree of fault attributable to them each, respectively.
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12 FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE
13 (Assumption of the Risk)
14 6. As a fourth, separate and affirmative defense to the Complaint, and each cause of
15 action thereof, this answering Defendant alleges that Plaintiff had knowledge of the risks and
16 hazards involved in the activity at the time and place of the alleged incident and voluntarily
17 engaging therein thereby expressly and/or impliedly assumed the risks and hazards thereof and
18 specifically and/or impliedly agreed with defendant(s) (and/or others) that Plaintiff would not hold
19 this answering Defendant responsible if any injury should occur to Plaintiff.
20 FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE
21 (Apportionment)
22 7. As a fifth, separate and affirmative defense to the Complaint, and each cause of
23 action thereof, this answering Defendant alleges that if the Plaintiff is entitled to a joint judgment
24 against this answering Defendant, this answering Defendant prays that this Court order each of the
25 judgment debtors to pay to the Plaintiff her proportionate share of the joint judgment, the
26 judgment debtor’s proportionate share having been determined by the trier of fact; and if this
27 answering Defendant is required to pay to the Plaintiff a disproportionate share of any joint
28 judgment, this answering Defendant prays leave of this Court to seek contribution by motion
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 against any other judgment debtor not paying the proportionate share allocated to any such
2 defendant by the trier of fact.
3 SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE
4 (Failure to Constitute a Cause of Action)
5 8. As a sixth, separate and affirmative defense to the Complaint, and each cause of
6 action thereof, this answering Defendant alleges that Plaintiff has failed to state facts sufficient to
7 constitute a cause of action against this answering Defendant.
8 SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE
9 (Vicarious Liability)
10 9. As a seventh, separate and affirmative defense to the Complaint, and each cause
11 of action thereof, this answering Defendant alleges that the injuries or damages sustained, if any,
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12 were either wholly or in part, negligently caused by persons, firms, corporations, or entities other
13 than this answering Defendant, and said negligence is either imputed to Plaintiff, by reason of the
14 relationship of said parties to Plaintiff and said negligence comparatively reduces the percentage
15 of negligence, if any, by this answering Defendant.
16 EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE
17 (Statute of Limitations)
18 10. As an eighth, separate and affirmative defense to the Complaint, and each cause of
19 action thereof, this answering Defendant alleges that the Complaint and all causes of action
20 therein are barred by the statute of limitations of the Code Civ. Proc. §§ 335.1, 336, 336a, 337,
21 337.1, 337.15, 337.2, 337.5, 338, 338.1, 339, 339.5, 340, 340.1, 340.10, 340.15, 340.2, 340.3,
22 340.35, 340.4, 340.5, 340.6, 340.7, 340.8, 340.9, 341, 341a, 341.5, 342, 343, 345, 346, 349.1,
23 349.2, and 349.4, et seq.
24 NINTH, SEPARATE AND AFFIRMATIVE DEFENSE
25 (Intervening Act)
26 11. As a ninth, separate and affirmative defense to the Complaint, and each cause of
27 action thereof, this answering Defendant is informed and believes, and thereon alleges that if, in
28 fact, Plaintiff was damaged in any manner whatsoever, that said damage, if any, was a direct and
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 legal result of the intervening and superseding actions on the part of other parties, and not this
2 answering Defendant, and that such intervening and superseding actions of said other parties bars
3 recovery herein on behalf of Plaintiff.
4 TENTH, SEPARATE AND AFFIRMATIVE DEFENSE
5 (Indemnification)
6 12. As a tenth, separate and affirmative defense to the Complaint, and each cause of
7 action thereof, this answering Defendant is informed and believes, and therefore alleges, that this
8 answering Defendant is entitled to right of indemnification by apportionment against all other
9 parties and persons whose negligence contributed legally to the happening of the claimed
10 incident or the alleged injuries.
11 ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE
CHRISTENSEN HSU SIPES LLP
12 (Contribution)
13 13. As an eleventh, separate and affirmative defense to the Complaint, and each cause
14 of action thereof, this answering Defendant is informed and believes, and therefore alleges, that
15 this answering Defendant is entitled to a right of contribution from the defendants and/or any
16 person whose negligence legally contributed to the happening of the claimed incident or alleged
17 injuries or damages if Plaintiff should receive a verdict against this answering Defendant.
18 TWELFTH, SEPARATE AND AFFIRMATIVE DEFENSE
19 (Lack of Standing)
20 14. As a twelfth, separate and affirmative defense to the Complaint, Plaintiff is barred
21 from recovery on this action as he lacks standing to pursue this litigation.
22 THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE
23 (Lack of Capacity)
24 15. As a thirteenth, separate and affirmative defense to the Complaint, Plaintiff is
25 barred from recovery on this action as he lacks the capacity to pursue this litigation.
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 FOURTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE
2 (Passive v. Active Negligence)
3 16. As a fourteenth, separate and affirmative defense to the Complaint, the conduct of
4 this answering Defendant was passive, derivative and secondary in nature, while the negligent
5 conduct of Plaintiff and other persons and/or entities was active, sole and primary. Recovery for
6 damages or injuries, if any, sustained by Plaintiff is diminished, barred and/or reduced by their
7 affirmative, sole and primary negligence, and precludes any right to indemnity from this
8 answering Defendant.
9 FIFTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE
10 (Prevented from Performance)
11 17. As a fifteenth, separate and affirmative defense to the Complaint, at all times
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12 herein mentioned, this answering Defendant was ready, willing, and able to perform the
13 conditions of the alleged contracts, obligations or agreements, if any, but was prevented and
14 continues to be prevented from performance by Plaintiff and/or entities contracting on their
15 respective behalf.
16 SIXTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE
17 (No Privity)
18 18. As a sixteenth, separate and affirmative defense to the Complaint, there is no
19 privity as between this answering Defendant and Plaintiff.
20 SEVENTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE
21 (Excluded Obligations)
22 19. As a seventeenth, separate and affirmative defense to the Complaint, Plaintiff is
23 barred from recovery for the obligations referred to in the Complaint, which are nonexistent,
24 expressly excluded under any applicable agreement, not contracted for, and outside the contract,
25 obligations, or agreements, if any, between the parties or any of them.
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE
2 (Estoppel)
3 20. As a eighteenth, separate and affirmative defense to the Complaint, Plaintiff is
4 estopped by their conduct from bringing this action against this answering Defendant.
5 NINETEENTH, SEPARATE AND AFFIRMATIVE DEFENSE
6 (Laches)
7 21. As a nineteenth, separate and affirmative defense to the Complaint, Plaintiff is
8 barred from bringing this action against this answering Defendant by the doctrine of laches.
9 TWENTIETH, SEPARATE AND AFFIRMATIVE DEFENSE
10 (Lack of Good Faith)
11 22. As a twentieth, separate and affirmative defense to the Complaint, Plaintiff should
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12 be responsible for all of this answering Defendant’s necessary and reasonable defense costs,
13 including attorney’s fees, as set forth in California Code of Civil Procedure § 1038, et seq.,
14 because the Complaint was brought without reasonable care and without a good faith belief that
15 there was a justifiable controversy under the facts and law which warranted the filing of the
16 Complaint against this answering Defendant.
17 TWENTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE
18 (Novation)
19 23. As a twenty-first, separate and affirmative defense to the Complaint, the
20 obligations complained of in the Complaint have been extinguished by novation.
21 TWENTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE
22 (Inspection, Approval and Acceptance of Construction)
23 24. As a twenty-second, separate and affirmative defense to the Complaint, any and
24 all construction, improvements, labor, services, products and/or workmanship provided by this
25 answering Defendant at issue in this litigation were inspected, approved, accepted and/or ratified
26 by Plaintiff, and/or other defendants in this litigation and/or their agents, and/or the owner and/or
27 other persons and/or entities, or their agents, and by any and all appropriate governmental
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 authorities, and therefore Plaintiff is barred from recovering any damages or relief from this
2 answering Defendant.
3 TWENTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE
4 (Independent, Non-Affiliated Person’s Acts)
5 25. As a twenty-third, separate and affirmative defense to the Complaint, this
6 answering Defendant alleges, without admitting any allegation of the Complaint, that some of the
7 acts, actions and activities, as alleged, were committed, if at all, by independent, non-affiliated
8 persons who were not acting on behalf of, or within the course and scope of any relationship with
9 this answering Defendant during the time referenced in the Complaint.
10 TWENTY-FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE
11 (Act of God)
CHRISTENSEN HSU SIPES LLP
12 26. As a twenty-fourth, separate and affirmative defense to the Complaint, and each
13 cause of action thereof, this answering Defendant is informed and believes, and upon such
14 information and belief alleges that the damages alleged in the Complaint herein, were not the
15 result of any human intervention but were solely caused by an action of God and the natural
16 condition of the land, water and other natural conditions present at the subject geographical
17 location which no one could reasonably be expected to anticipate and to whose effects could not
18 be prevented by the exercise of prudence, diligence and care.
19 TWENTY-FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE
20 (Waiver)
21 27. As a twenty-fifth, separate and affirmative defense to the Complaint, and each
22 cause of action thereof, this answering Defendant is informed and believes and upon such
23 information and belief alleges that Plaintiff engaged in conduct and activities sufficient to
24 constitute a waiver by reason of which Plaintiff is estopped from asserting any claim or cause of
25 action against this answering Defendant.
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 TWENTY-SIXTH SEPARATE AND AFFIRMATIVE DEFENSE
2 (Complaint Barred Pursuant to Civil Code sections 1474, 1475, 1476, 1477)
3 28. As a twenty-sixth, separate and affirmative defense to the Complaint, and each
4 cause of action thereof, this answering Defendant is informed and believes, and upon such
5 information and belief alleges that the Complaint, and each cause of action alleged therein, is
6 barred by the provisions of Civil Code sections 1474, 1475, 1476, 1477, and each of them.
7 TWENTY-SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE
8 (Subrogation)
9 29. As a twenty-seventh, separate and affirmative defense to the Complaint, and each
10 cause of action thereof, this answering Defendant alleges that as a result of the matter alleged,
11 Plaintiff has received, and will continue to receive, insurance compensation benefits from his
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12 employer or his insurance carrier, or both, in an amount not yet definitely ascertained and
13 determined; that the total amount of said payments are not yet known to this answering
14 Defendant, and leave of court will be sought to amend this Answer when the amount is
15 determined; that by virtue of the Labor Code §§ 3850 and 3852, and related sections said
16 employer(s) and their insurance carrier are subrogated to the rights of the Plaintiff for any and all
17 monies Plaintiff may receive from this answering Defendant, up to the amount paid to said
18 Plaintiff, that the injuries and damages arose as a direct and legal result of the negligence and
19 carelessness of the employer, and the employer and its insurance carrier are not entitled to
20 reimbursement for monies paid or to be paid to Plaintiff; and in the event of any judgment in
21 favor of Plaintiff and against this answering Defendant, it should be reduced by the amounts paid
22 or to be paid by the employer or its insurance carrier. (See, Witt v. Jackson (1961) 57 Cal.2d 57.)
23 Moreover, any recovery had herein is to be reduced by any and all collateral source payments.
24 TWENTY-EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE
25 (Defective Plans)
26 30. As a twenty-eighth, separate and affirmative defense to the Complaint, and each
27 cause of action thereof, this answering Defendant is informed and believes, and upon such
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 information and belief alleges that this answering Defendant is not responsible for defects and/or
2 errors in the plans, shop drawings, specifications, or other contract documents.
3 TWENTY-NINTH, SEPARATE AND AFFIRMATIVE DEFENSE
4 (Immunity)
5 31. As a twenty-ninth, separate and affirmative defense to the Complaint, this
6 answering Defendant is immune from liability for injury pursuant to California Government
7 Code §830.5, et seq.
8 THIRTIETH, SEPARATE AND AFFIRMATIVE DEFENSE
9 (Immunity Pursuant to Government Code section 830.6)
10 32. As a thirtieth, separate and affirmative defense to the Complaint, this answering
11 Defendant is immune from liability for injury caused by the plan or design of a construction of,
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12 or an improvement to, public property pursuant to California Government Code § 830.6.
13 THIRTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE
14 (Weather Conditions)
15 33. As a thirty-first, separate and affirmative defense to the Complaint, this answering
16 Defendant is immune from liability for an injury caused from the effect of weather conditions on
17 the use of streets and highways pursuant to California Government Code § 831.
18 THIRTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE
19 (Grading or Road Maintenance)
20 34. As a thirty-second, separate and affirmative defense to the Complaint, this
21 answering Defendant is immune from liability for an injury occurring on account of grading or
22 road maintenance pursuant to California Government Code § 831.3.
23 THIRTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE
24 (Dangerous Conditions of Public Property)
25 35. As a thirty-third, separate and affirmative defense to the Complaint, this
26 answering Defendant is immune from liability for an injury caused by dangerous conditions of
27 public property pursuant to California Government Code §§ 815, 815.2, 830, et seq., 831, et seq.,
28 and 835, et seq.
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 THIRTY-FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE
2 (Reasonable Acts or Omissions)
3 36. As a thirty-fourth, separate and affirmative defense to the Complaint, this
4 answering Defendant is immune from liability for the alleged injury or damages because any acts
5 or omissions that created or protected against the alleged condition complained of were
6 reasonable within the meaning of California Government Code § 835.4.
7 THIRTY-FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE
8 (Failure to Make An Inspection)
9 37. As a thirty-fifth, separate and affirmative defense to the Complaint, this answering
10 Defendant is immune from liability for the alleged injury or damages caused by failure to make
11 an inspection, or by reason of making an inadequate inspection, of property, within the meaning
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12 of California Government Code § 818.6.
13 THIRTY-SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE
14 (Government Code section 818.4)
15 38. As a thirty-sixth, separate and affirmative defense to the Complaint, this
16 answering Defendant is immune from liability for claimed failures in providing approvals,
17 permits, etcetera, as set forth in California Government Code § 818.4.
18 THIRTY-SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE
19 (Government Code sections 840, et seq., and 840.6)
20 39. As a thirty-seventh, separate and affirmative defense to the Complaint, this
21 answering Defendant is immune from liability for injury pursuant to California Government
22 Code §§ 840, et seq., and 840.6.
23 THIRTY-EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE
24 (Government Code section 950.2)
25 40. As a thirty-eighth, separate and affirmative defense to the Complaint, this
26 answering Defendant is immune from liability for injury pursuant to provisions of California
27 Government Code § 950.2.
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 THIRTY-NINTH, SEPARATE AND AFFIRMATIVE DEFENSE
2 (Independent Contractor)
3 41. As a thirty-ninth, separate and affirmative defense to the Complaint, since the
4 injury herein resulted from an act or omission of an independent contractor, this answering
5 Defendant is not liable except to the extent it would be liable if the act or omission were done by
6 this answering Defendant’s employees.
7 FORTIETH, SEPARATE AND AFFIRMATIVE DEFENSE
8 (Additional Affirmative Defenses)
9 42. As a fortieth, separate and affirmative defense to the Complaint, this answering
10 Defendant has insufficient knowledge or information on which to form a belief as to whether it
11 may have additional, as yet unstated, affirmative defenses available. This answering Defendant
CHRISTENSEN HSU SIPES LLP
12 reserves its right to assert additional affirmative defenses in the event that discovery indicates that
13 same would be appropriate.
14 PRAYER
15 WHEREFORE, this answering Defendant prays for judgment in its favor and against
16 Plaintiffs as follows:
17 1. That Plaintiff takes nothing by way of her Complaint, and that the same be
18 dismissed as against this answering Defendant;
19 2. That in the event Plaintiff should recover a judgment as against this answering
20 Defendant, any liability and damages to be paid by this answering Defendant shall be limited to
21 that percentage of fault actually attributable to this answering Defendant;
22 3. That the Court award this answering Defendant its costs of suit, including
23 investigation and reasonable attorneys’ fees incurred herein under California Code of Civil
24 Procedure §§128.5 and 1038, and Civil Code § 1717 incurred herein.
25 4. Any such further relief as the Court deems proper or equitable by the Court.
26 ///
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 DATED: April 12, 2024 CHRISTENSEN HSU SIPES LLP
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3 By:
JENNIFER K. STINNETT, ESQ.
4 R. MAC PROUT, ESQ.
Attorneys for Defendant, TEAM GHILOTTI, INC.
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CHRISTENSEN HSU SIPES LLP
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 Re: Mendoza v. Watson, et al.
Sonoma Superior Court Case No: 23CV01988
2
PROOF OF SERVICE
3
STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
4
I am employed in the County of Sacramento, State of California. I am over the age of 18
5 and not a party to the within action. My business address is 1740 Creekside Oaks Drive, Suite
140, Sacramento, California 95833.
6
On April 12, 2024, I served a true and correct copy of the following document(s):
7
DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’
8 COMPLAINT
on the interested parties:
9
Jesse B. Chrisp, Esq. Attorneys for Plaintiffs
10 Law Offices of J. Chrisp MARIA ANGULANO MENDOZA, by and
9667 Highway 29 through her Guardian Ad Litem,
11 EMILIANO GARCI; JOSE GARCIA,
Lower Lake, California 95457
CHRISTENSEN HSU SIPES LLP
12 Tel: 707-994-0529
Fax: 707-995-3529
13 Email:
eservice@chrisplaw.com
14 Jesse@chrisplaw.com
15 ariana@chrisplaw.com
Nicholas@chrisplaw.com
16
Wilma J. Gray Attorney for Defendant
17 McNamara, Ambacher, Wheeler, Hirsig & DAVID WATSON
Gray LLP
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3480 Buskirk Avenue, Suite 250
19 Pleasant Hill, CA 94523
Tel: 925.939.5330
20 Email:
wilma.gray@mcnamaralaw.com
21 Henry.Yandell@mcnamaralaw.com
22 Michelle.Chin@mcnamaralaw.com
karen.mason@mcnamaralaw.com
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25 (X) BY ELECTRONIC TRANSMISSION (C.C.P. § 1010.6(b)(2)): By electronically
26 transmitting a true and correct copy through Christensen Hsu Sipes LLP’s electronic
transmission (email) system to the email address(es) set forth herein. No electronic
27 message or other indication that the transmission was unsuccessful was received within a
reasonable time after the transmission.
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
1 ( ) UNITED STATES MAIL (C.C.P. §§ 1013A et seq.): I enclosed said document(s) in a
sealed envelope or package to each addressee. I placed the envelope for collection and
2 mailing, following our ordinary business practices. I am readily familiar with the firm’s
3 practice for collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course
4 of business with the United States Postal Service, with postage fully prepaid.
5 ( ) FAX TRANSMISSION (C.R.C. 2.306): Based on a written agreement of the parties to
accept service by fax transmission, I faxed said document(s) to each addressee’s fax
6
number. The facsimile machine that I utilized, [(XXX) XXX-XXXX], complied with
7 California Rules of Court, Rule 2.306, and no error was reported by the machine. Pursuant
to Rule 2.306(h), I caused the machine to print a record of the transmission, a copy of
8 which is attached to the original of this proof of service.
9 ( ) OVERNIGHT DELIVERY/EXPRESS MAIL (C.C.P. §§ 1013(c)(d) et seq.): I enclosed
10 said document(s) in a sealed envelope or package provided by an overnight delivery carrier
to each addressee. I placed the envelope or package, delivery fees fully prepaid, for
11 collection and overnight delivery at an office or at a regularly utilized drop box maintained
by the express service carrier at 1740 Creekside Oaks Drive, Suite 140, Sacramento,
CHRISTENSEN HSU SIPES LLP
12 California 95833.
13 ( ) PERSONAL SERVICE: I caused such envelope to be delivered by hand to the office of
14 the addressee(s).
15 ( ) ELECTRONIC FILING & SERVICE VIA LEXISNEXIS: Complying with Code of
Civil Procedure § 1010.6, I caused such document(s) to be electronically filed and served
16 through the LexisNexis “File and Serve” system for the above-entitled case to those parties
on the Service List maintained on LexisNexis’s website for this case. The file transmission
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was reported as complete and a copy of the “LexisNexis File & Serve Filing Receipt” page
18 will be maintained with the original document(s) in our office.
19 ( ) MESSENGER SERVICE: I enclosed said document(s) in a sealed envelope or package to
each addressee. I provided them to a professional messenger service (First Legal Support)
20 for service. An original proof of service by messenger will be filed pursuant to California
21 Rules of Court, Rule 3.1300(c).
22 I declare under penalty of perjury under the laws of the State of California and of the
United States that the foregoing is true and correct.
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Executed on April 12, 2024, in Sacramento, California.
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28 KASSANDRA MONTGOMERY
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DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT
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1 Jennifer K. Stinnett, Esq. (SBN 228209) R. Mac Prout, Esq. (SBN 101263) 2 CHRISTENSEN HSU SIPES LLP 1740 Creekside Oaks Drive, Suite 140 3 Sacramento, CA 95833 Tel.: (916) 443-6909 / Fax: (916) 313-0645 4 jennifer@chs.law mac@chs.law 5 Attorneys for Defendant, TEAM GHILOTTI, INC. 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SONOMA 10 11 MARIA ANGULANO MENDOZA, by and ) Case No.: 23CV01988 through her Guardian Ad Litem, EMILIANO ) CHRISTENSEN HSU SIPES LLP 12 GARCIA; EMILIANO GARCIA; JOSE ) DEFENDANT TEAM GHILOTTI, INC.’S GARCIA, ) ANSWER TO PLAINTIFFS’ 13 ) COMPLAINT Plaintiffs, ) 14 ) vs. ) 15 ) Complaint Filed: December 14, 2023 DAVID WATSON; CITY OF PETALUMA; ) 16 TEAM GHILOTTI, INC.; SANDALWOOD ) ESTATES, LLC; PG&E CORPORATION, ) 17 PACIFIC GAS AND ELECTRIC COMPANY ) ) 18 Defendants ) ) 19 20 Defendant, TEAM GHILOTTI, INC. (hereinafter “this answering Defendant”), for itself 21 alone, and severing itself from all other defendants, hereby answers the operative Complaint 22 (hereinafter the “Complaint”) of Plaintiff, MARIA ANGULANO MENDOZA, by and through her 23 Guardian Ad Litem, EMILIANO GARCIA, (hereinafter “Plaintiff”) as follows. 24 GENERAL DENIAL 25 1. Under the provisions of C.C.P. § 431.30, this answering Defendant denies both 26 generally and specifically each and every allegation contained in the Complaint filed against this 27 answering Defendant, and the whole thereof, and each and every purported cause of action 28 contained therein and denies that Plaintiff sustained damages as alleged in any sum or sums, or at - 1- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 all, by reason of any alleged act, breach or omission on the part of this answering Defendant. 2 2. By way of further answer to the Complaint, this answering Defendant denies that 3 it was negligent, breached any duty it owed or any warranty that it made, or that any act or 4 omission on its part, or on the part of its agents, servants or employees imputable or attributable 5 to it, caused any injuries to Plaintiff, or entitles the Plaintiff to the relief prayed for in said 6 Complaint, whether as alleged in the Complaint, or otherwise, or at all. 7 AFFIRMATIVE DEFENSES 8 FIRST, SEPARATE AND AFFIRMATIVE DEFENSE 9 (Plaintiffs’ Comparative Negligence) 10 3. As a first, separate and affirmative defense to the Complaint, and each cause of 11 action thereof, this answering Defendant alleges, by way of a plea of comparative negligence that CHRISTENSEN HSU SIPES LLP 12 the Plaintiffs was negligent in and about the matters and activities alleged in the Complaint, that 13 said negligence contributed to and was a legal cause of the alleged injuries and damages, if any, 14 or was the sole cause thereof, and that if this answering Defendant is found to have been 15 negligent, and if the Plaintiff is entitled to recover damages against this answering Defendant by 16 virtue of the Complaint, this answering Defendant prays that said recovery be diminished or 17 extinguished by reason of the negligence of the Plaintiff in proportion to the degree of fault 18 attributable to the Plaintiff. 19 SECOND, SEPARATE AND AFFIRMATIVE DEFENSE 20 (Other Defendant’s Comparative Negligence) 21 4. As a second, separate and affirmative defense to the Complaint, and each cause of 22 action thereof, this answering Defendant alleges by way of a plea of comparative negligence that 23 other defendants and/or cross-defendants were negligent in and about the matters and activities 24 alleged in the Complaint, that said negligence contributed to and was a legal cause of the alleged 25 injuries and damages, if any, or was the sole cause thereof, and that if the Plaintiff is entitled to 26 recover damages against this answering Defendant by virtue of the Complaint, this answering 27 Defendant prays that said recovery be diminished or extinguished by reason of the negligence of 28 the other defendants and/or cross-defendants in proportion to the degree of fault attributable to - 2- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 them each, respectively. 2 THIRD, SEPARATE AND AFFIRMATIVE DEFENSE 3 (Third-Party Comparative Negligence) 4 5. As a third, separate and affirmative defense to the Complaint, and each cause of 5 action thereof, this answering Defendant alleges by way of a plea of comparative negligence that 6 third parties were negligent in and about the matters and activities alleged in the Complaint, that 7 said negligence contributed to and was a legal cause of the alleged injuries and damages, if any, or 8 was the sole cause thereof, and that if the Plaintiff is entitled to recover damages against this 9 answering Defendant by virtue of the Complaint, this answering Defendant prays that said 10 recovery be diminished or extinguished by reason of the negligence of these third parties in 11 proportion to the degree of fault attributable to them each, respectively. CHRISTENSEN HSU SIPES LLP 12 FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE 13 (Assumption of the Risk) 14 6. As a fourth, separate and affirmative defense to the Complaint, and each cause of 15 action thereof, this answering Defendant alleges that Plaintiff had knowledge of the risks and 16 hazards involved in the activity at the time and place of the alleged incident and voluntarily 17 engaging therein thereby expressly and/or impliedly assumed the risks and hazards thereof and 18 specifically and/or impliedly agreed with defendant(s) (and/or others) that Plaintiff would not hold 19 this answering Defendant responsible if any injury should occur to Plaintiff. 20 FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE 21 (Apportionment) 22 7. As a fifth, separate and affirmative defense to the Complaint, and each cause of 23 action thereof, this answering Defendant alleges that if the Plaintiff is entitled to a joint judgment 24 against this answering Defendant, this answering Defendant prays that this Court order each of the 25 judgment debtors to pay to the Plaintiff her proportionate share of the joint judgment, the 26 judgment debtor’s proportionate share having been determined by the trier of fact; and if this 27 answering Defendant is required to pay to the Plaintiff a disproportionate share of any joint 28 judgment, this answering Defendant prays leave of this Court to seek contribution by motion - 3- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 against any other judgment debtor not paying the proportionate share allocated to any such 2 defendant by the trier of fact. 3 SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE 4 (Failure to Constitute a Cause of Action) 5 8. As a sixth, separate and affirmative defense to the Complaint, and each cause of 6 action thereof, this answering Defendant alleges that Plaintiff has failed to state facts sufficient to 7 constitute a cause of action against this answering Defendant. 8 SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE 9 (Vicarious Liability) 10 9. As a seventh, separate and affirmative defense to the Complaint, and each cause 11 of action thereof, this answering Defendant alleges that the injuries or damages sustained, if any, CHRISTENSEN HSU SIPES LLP 12 were either wholly or in part, negligently caused by persons, firms, corporations, or entities other 13 than this answering Defendant, and said negligence is either imputed to Plaintiff, by reason of the 14 relationship of said parties to Plaintiff and said negligence comparatively reduces the percentage 15 of negligence, if any, by this answering Defendant. 16 EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE 17 (Statute of Limitations) 18 10. As an eighth, separate and affirmative defense to the Complaint, and each cause of 19 action thereof, this answering Defendant alleges that the Complaint and all causes of action 20 therein are barred by the statute of limitations of the Code Civ. Proc. §§ 335.1, 336, 336a, 337, 21 337.1, 337.15, 337.2, 337.5, 338, 338.1, 339, 339.5, 340, 340.1, 340.10, 340.15, 340.2, 340.3, 22 340.35, 340.4, 340.5, 340.6, 340.7, 340.8, 340.9, 341, 341a, 341.5, 342, 343, 345, 346, 349.1, 23 349.2, and 349.4, et seq. 24 NINTH, SEPARATE AND AFFIRMATIVE DEFENSE 25 (Intervening Act) 26 11. As a ninth, separate and affirmative defense to the Complaint, and each cause of 27 action thereof, this answering Defendant is informed and believes, and thereon alleges that if, in 28 fact, Plaintiff was damaged in any manner whatsoever, that said damage, if any, was a direct and - 4- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 legal result of the intervening and superseding actions on the part of other parties, and not this 2 answering Defendant, and that such intervening and superseding actions of said other parties bars 3 recovery herein on behalf of Plaintiff. 4 TENTH, SEPARATE AND AFFIRMATIVE DEFENSE 5 (Indemnification) 6 12. As a tenth, separate and affirmative defense to the Complaint, and each cause of 7 action thereof, this answering Defendant is informed and believes, and therefore alleges, that this 8 answering Defendant is entitled to right of indemnification by apportionment against all other 9 parties and persons whose negligence contributed legally to the happening of the claimed 10 incident or the alleged injuries. 11 ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE CHRISTENSEN HSU SIPES LLP 12 (Contribution) 13 13. As an eleventh, separate and affirmative defense to the Complaint, and each cause 14 of action thereof, this answering Defendant is informed and believes, and therefore alleges, that 15 this answering Defendant is entitled to a right of contribution from the defendants and/or any 16 person whose negligence legally contributed to the happening of the claimed incident or alleged 17 injuries or damages if Plaintiff should receive a verdict against this answering Defendant. 18 TWELFTH, SEPARATE AND AFFIRMATIVE DEFENSE 19 (Lack of Standing) 20 14. As a twelfth, separate and affirmative defense to the Complaint, Plaintiff is barred 21 from recovery on this action as he lacks standing to pursue this litigation. 22 THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE 23 (Lack of Capacity) 24 15. As a thirteenth, separate and affirmative defense to the Complaint, Plaintiff is 25 barred from recovery on this action as he lacks the capacity to pursue this litigation. 26 /// 27 /// 28 /// - 5- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 FOURTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE 2 (Passive v. Active Negligence) 3 16. As a fourteenth, separate and affirmative defense to the Complaint, the conduct of 4 this answering Defendant was passive, derivative and secondary in nature, while the negligent 5 conduct of Plaintiff and other persons and/or entities was active, sole and primary. Recovery for 6 damages or injuries, if any, sustained by Plaintiff is diminished, barred and/or reduced by their 7 affirmative, sole and primary negligence, and precludes any right to indemnity from this 8 answering Defendant. 9 FIFTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE 10 (Prevented from Performance) 11 17. As a fifteenth, separate and affirmative defense to the Complaint, at all times CHRISTENSEN HSU SIPES LLP 12 herein mentioned, this answering Defendant was ready, willing, and able to perform the 13 conditions of the alleged contracts, obligations or agreements, if any, but was prevented and 14 continues to be prevented from performance by Plaintiff and/or entities contracting on their 15 respective behalf. 16 SIXTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE 17 (No Privity) 18 18. As a sixteenth, separate and affirmative defense to the Complaint, there is no 19 privity as between this answering Defendant and Plaintiff. 20 SEVENTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE 21 (Excluded Obligations) 22 19. As a seventeenth, separate and affirmative defense to the Complaint, Plaintiff is 23 barred from recovery for the obligations referred to in the Complaint, which are nonexistent, 24 expressly excluded under any applicable agreement, not contracted for, and outside the contract, 25 obligations, or agreements, if any, between the parties or any of them. 26 /// 27 /// 28 /// - 6- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE 2 (Estoppel) 3 20. As a eighteenth, separate and affirmative defense to the Complaint, Plaintiff is 4 estopped by their conduct from bringing this action against this answering Defendant. 5 NINETEENTH, SEPARATE AND AFFIRMATIVE DEFENSE 6 (Laches) 7 21. As a nineteenth, separate and affirmative defense to the Complaint, Plaintiff is 8 barred from bringing this action against this answering Defendant by the doctrine of laches. 9 TWENTIETH, SEPARATE AND AFFIRMATIVE DEFENSE 10 (Lack of Good Faith) 11 22. As a twentieth, separate and affirmative defense to the Complaint, Plaintiff should CHRISTENSEN HSU SIPES LLP 12 be responsible for all of this answering Defendant’s necessary and reasonable defense costs, 13 including attorney’s fees, as set forth in California Code of Civil Procedure § 1038, et seq., 14 because the Complaint was brought without reasonable care and without a good faith belief that 15 there was a justifiable controversy under the facts and law which warranted the filing of the 16 Complaint against this answering Defendant. 17 TWENTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE 18 (Novation) 19 23. As a twenty-first, separate and affirmative defense to the Complaint, the 20 obligations complained of in the Complaint have been extinguished by novation. 21 TWENTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE 22 (Inspection, Approval and Acceptance of Construction) 23 24. As a twenty-second, separate and affirmative defense to the Complaint, any and 24 all construction, improvements, labor, services, products and/or workmanship provided by this 25 answering Defendant at issue in this litigation were inspected, approved, accepted and/or ratified 26 by Plaintiff, and/or other defendants in this litigation and/or their agents, and/or the owner and/or 27 other persons and/or entities, or their agents, and by any and all appropriate governmental 28 - 7- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 authorities, and therefore Plaintiff is barred from recovering any damages or relief from this 2 answering Defendant. 3 TWENTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE 4 (Independent, Non-Affiliated Person’s Acts) 5 25. As a twenty-third, separate and affirmative defense to the Complaint, this 6 answering Defendant alleges, without admitting any allegation of the Complaint, that some of the 7 acts, actions and activities, as alleged, were committed, if at all, by independent, non-affiliated 8 persons who were not acting on behalf of, or within the course and scope of any relationship with 9 this answering Defendant during the time referenced in the Complaint. 10 TWENTY-FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE 11 (Act of God) CHRISTENSEN HSU SIPES LLP 12 26. As a twenty-fourth, separate and affirmative defense to the Complaint, and each 13 cause of action thereof, this answering Defendant is informed and believes, and upon such 14 information and belief alleges that the damages alleged in the Complaint herein, were not the 15 result of any human intervention but were solely caused by an action of God and the natural 16 condition of the land, water and other natural conditions present at the subject geographical 17 location which no one could reasonably be expected to anticipate and to whose effects could not 18 be prevented by the exercise of prudence, diligence and care. 19 TWENTY-FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE 20 (Waiver) 21 27. As a twenty-fifth, separate and affirmative defense to the Complaint, and each 22 cause of action thereof, this answering Defendant is informed and believes and upon such 23 information and belief alleges that Plaintiff engaged in conduct and activities sufficient to 24 constitute a waiver by reason of which Plaintiff is estopped from asserting any claim or cause of 25 action against this answering Defendant. 26 /// 27 /// 28 /// - 8- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 TWENTY-SIXTH SEPARATE AND AFFIRMATIVE DEFENSE 2 (Complaint Barred Pursuant to Civil Code sections 1474, 1475, 1476, 1477) 3 28. As a twenty-sixth, separate and affirmative defense to the Complaint, and each 4 cause of action thereof, this answering Defendant is informed and believes, and upon such 5 information and belief alleges that the Complaint, and each cause of action alleged therein, is 6 barred by the provisions of Civil Code sections 1474, 1475, 1476, 1477, and each of them. 7 TWENTY-SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE 8 (Subrogation) 9 29. As a twenty-seventh, separate and affirmative defense to the Complaint, and each 10 cause of action thereof, this answering Defendant alleges that as a result of the matter alleged, 11 Plaintiff has received, and will continue to receive, insurance compensation benefits from his CHRISTENSEN HSU SIPES LLP 12 employer or his insurance carrier, or both, in an amount not yet definitely ascertained and 13 determined; that the total amount of said payments are not yet known to this answering 14 Defendant, and leave of court will be sought to amend this Answer when the amount is 15 determined; that by virtue of the Labor Code §§ 3850 and 3852, and related sections said 16 employer(s) and their insurance carrier are subrogated to the rights of the Plaintiff for any and all 17 monies Plaintiff may receive from this answering Defendant, up to the amount paid to said 18 Plaintiff, that the injuries and damages arose as a direct and legal result of the negligence and 19 carelessness of the employer, and the employer and its insurance carrier are not entitled to 20 reimbursement for monies paid or to be paid to Plaintiff; and in the event of any judgment in 21 favor of Plaintiff and against this answering Defendant, it should be reduced by the amounts paid 22 or to be paid by the employer or its insurance carrier. (See, Witt v. Jackson (1961) 57 Cal.2d 57.) 23 Moreover, any recovery had herein is to be reduced by any and all collateral source payments. 24 TWENTY-EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE 25 (Defective Plans) 26 30. As a twenty-eighth, separate and affirmative defense to the Complaint, and each 27 cause of action thereof, this answering Defendant is informed and believes, and upon such 28 - 9- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 information and belief alleges that this answering Defendant is not responsible for defects and/or 2 errors in the plans, shop drawings, specifications, or other contract documents. 3 TWENTY-NINTH, SEPARATE AND AFFIRMATIVE DEFENSE 4 (Immunity) 5 31. As a twenty-ninth, separate and affirmative defense to the Complaint, this 6 answering Defendant is immune from liability for injury pursuant to California Government 7 Code §830.5, et seq. 8 THIRTIETH, SEPARATE AND AFFIRMATIVE DEFENSE 9 (Immunity Pursuant to Government Code section 830.6) 10 32. As a thirtieth, separate and affirmative defense to the Complaint, this answering 11 Defendant is immune from liability for injury caused by the plan or design of a construction of, CHRISTENSEN HSU SIPES LLP 12 or an improvement to, public property pursuant to California Government Code § 830.6. 13 THIRTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE 14 (Weather Conditions) 15 33. As a thirty-first, separate and affirmative defense to the Complaint, this answering 16 Defendant is immune from liability for an injury caused from the effect of weather conditions on 17 the use of streets and highways pursuant to California Government Code § 831. 18 THIRTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE 19 (Grading or Road Maintenance) 20 34. As a thirty-second, separate and affirmative defense to the Complaint, this 21 answering Defendant is immune from liability for an injury occurring on account of grading or 22 road maintenance pursuant to California Government Code § 831.3. 23 THIRTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE 24 (Dangerous Conditions of Public Property) 25 35. As a thirty-third, separate and affirmative defense to the Complaint, this 26 answering Defendant is immune from liability for an injury caused by dangerous conditions of 27 public property pursuant to California Government Code §§ 815, 815.2, 830, et seq., 831, et seq., 28 and 835, et seq. -10- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 THIRTY-FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE 2 (Reasonable Acts or Omissions) 3 36. As a thirty-fourth, separate and affirmative defense to the Complaint, this 4 answering Defendant is immune from liability for the alleged injury or damages because any acts 5 or omissions that created or protected against the alleged condition complained of were 6 reasonable within the meaning of California Government Code § 835.4. 7 THIRTY-FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE 8 (Failure to Make An Inspection) 9 37. As a thirty-fifth, separate and affirmative defense to the Complaint, this answering 10 Defendant is immune from liability for the alleged injury or damages caused by failure to make 11 an inspection, or by reason of making an inadequate inspection, of property, within the meaning CHRISTENSEN HSU SIPES LLP 12 of California Government Code § 818.6. 13 THIRTY-SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE 14 (Government Code section 818.4) 15 38. As a thirty-sixth, separate and affirmative defense to the Complaint, this 16 answering Defendant is immune from liability for claimed failures in providing approvals, 17 permits, etcetera, as set forth in California Government Code § 818.4. 18 THIRTY-SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE 19 (Government Code sections 840, et seq., and 840.6) 20 39. As a thirty-seventh, separate and affirmative defense to the Complaint, this 21 answering Defendant is immune from liability for injury pursuant to California Government 22 Code §§ 840, et seq., and 840.6. 23 THIRTY-EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE 24 (Government Code section 950.2) 25 40. As a thirty-eighth, separate and affirmative defense to the Complaint, this 26 answering Defendant is immune from liability for injury pursuant to provisions of California 27 Government Code § 950.2. 28 /// -11- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 THIRTY-NINTH, SEPARATE AND AFFIRMATIVE DEFENSE 2 (Independent Contractor) 3 41. As a thirty-ninth, separate and affirmative defense to the Complaint, since the 4 injury herein resulted from an act or omission of an independent contractor, this answering 5 Defendant is not liable except to the extent it would be liable if the act or omission were done by 6 this answering Defendant’s employees. 7 FORTIETH, SEPARATE AND AFFIRMATIVE DEFENSE 8 (Additional Affirmative Defenses) 9 42. As a fortieth, separate and affirmative defense to the Complaint, this answering 10 Defendant has insufficient knowledge or information on which to form a belief as to whether it 11 may have additional, as yet unstated, affirmative defenses available. This answering Defendant CHRISTENSEN HSU SIPES LLP 12 reserves its right to assert additional affirmative defenses in the event that discovery indicates that 13 same would be appropriate. 14 PRAYER 15 WHEREFORE, this answering Defendant prays for judgment in its favor and against 16 Plaintiffs as follows: 17 1. That Plaintiff takes nothing by way of her Complaint, and that the same be 18 dismissed as against this answering Defendant; 19 2. That in the event Plaintiff should recover a judgment as against this answering 20 Defendant, any liability and damages to be paid by this answering Defendant shall be limited to 21 that percentage of fault actually attributable to this answering Defendant; 22 3. That the Court award this answering Defendant its costs of suit, including 23 investigation and reasonable attorneys’ fees incurred herein under California Code of Civil 24 Procedure §§128.5 and 1038, and Civil Code § 1717 incurred herein. 25 4. Any such further relief as the Court deems proper or equitable by the Court. 26 /// 27 /// 28 /// -12- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 DATED: April 12, 2024 CHRISTENSEN HSU SIPES LLP 2 3 By: JENNIFER K. STINNETT, ESQ. 4 R. MAC PROUT, ESQ. Attorneys for Defendant, TEAM GHILOTTI, INC. 5 6 7 8 9 10 11 CHRISTENSEN HSU SIPES LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 Re: Mendoza v. Watson, et al. Sonoma Superior Court Case No: 23CV01988 2 PROOF OF SERVICE 3 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 4 I am employed in the County of Sacramento, State of California. I am over the age of 18 5 and not a party to the within action. My business address is 1740 Creekside Oaks Drive, Suite 140, Sacramento, California 95833. 6 On April 12, 2024, I served a true and correct copy of the following document(s): 7 DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ 8 COMPLAINT on the interested parties: 9 Jesse B. Chrisp, Esq. Attorneys for Plaintiffs 10 Law Offices of J. Chrisp MARIA ANGULANO MENDOZA, by and 9667 Highway 29 through her Guardian Ad Litem, 11 EMILIANO GARCI; JOSE GARCIA, Lower Lake, California 95457 CHRISTENSEN HSU SIPES LLP 12 Tel: 707-994-0529 Fax: 707-995-3529 13 Email: eservice@chrisplaw.com 14 Jesse@chrisplaw.com 15 ariana@chrisplaw.com Nicholas@chrisplaw.com 16 Wilma J. Gray Attorney for Defendant 17 McNamara, Ambacher, Wheeler, Hirsig & DAVID WATSON Gray LLP 18 3480 Buskirk Avenue, Suite 250 19 Pleasant Hill, CA 94523 Tel: 925.939.5330 20 Email: wilma.gray@mcnamaralaw.com 21 Henry.Yandell@mcnamaralaw.com 22 Michelle.Chin@mcnamaralaw.com karen.mason@mcnamaralaw.com 23 24 25 (X) BY ELECTRONIC TRANSMISSION (C.C.P. § 1010.6(b)(2)): By electronically 26 transmitting a true and correct copy through Christensen Hsu Sipes LLP’s electronic transmission (email) system to the email address(es) set forth herein. No electronic 27 message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 28 -14- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT 1 ( ) UNITED STATES MAIL (C.C.P. §§ 1013A et seq.): I enclosed said document(s) in a sealed envelope or package to each addressee. I placed the envelope for collection and 2 mailing, following our ordinary business practices. I am readily familiar with the firm’s 3 practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course 4 of business with the United States Postal Service, with postage fully prepaid. 5 ( ) FAX TRANSMISSION (C.R.C. 2.306): Based on a written agreement of the parties to accept service by fax transmission, I faxed said document(s) to each addressee’s fax 6 number. The facsimile machine that I utilized, [(XXX) XXX-XXXX], complied with 7 California Rules of Court, Rule 2.306, and no error was reported by the machine. Pursuant to Rule 2.306(h), I caused the machine to print a record of the transmission, a copy of 8 which is attached to the original of this proof of service. 9 ( ) OVERNIGHT DELIVERY/EXPRESS MAIL (C.C.P. §§ 1013(c)(d) et seq.): I enclosed 10 said document(s) in a sealed envelope or package provided by an overnight delivery carrier to each addressee. I placed the envelope or package, delivery fees fully prepaid, for 11 collection and overnight delivery at an office or at a regularly utilized drop box maintained by the express service carrier at 1740 Creekside Oaks Drive, Suite 140, Sacramento, CHRISTENSEN HSU SIPES LLP 12 California 95833. 13 ( ) PERSONAL SERVICE: I caused such envelope to be delivered by hand to the office of 14 the addressee(s). 15 ( ) ELECTRONIC FILING & SERVICE VIA LEXISNEXIS: Complying with Code of Civil Procedure § 1010.6, I caused such document(s) to be electronically filed and served 16 through the LexisNexis “File and Serve” system for the above-entitled case to those parties on the Service List maintained on LexisNexis’s website for this case. The file transmission 17 was reported as complete and a copy of the “LexisNexis File & Serve Filing Receipt” page 18 will be maintained with the original document(s) in our office. 19 ( ) MESSENGER SERVICE: I enclosed said document(s) in a sealed envelope or package to each addressee. I provided them to a professional messenger service (First Legal Support) 20 for service. An original proof of service by messenger will be filed pursuant to California 21 Rules of Court, Rule 3.1300(c). 22 I declare under penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct. 23 Executed on April 12, 2024, in Sacramento, California. 24 25 26 27 ___________ 28 KASSANDRA MONTGOMERY -15- DEFENDANT TEAM GHILOTTI, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT