Preview
1 POOLE • SHAFFERY
Jason A. Benkner (SBN 286790)
2 jbenkner@pooleshaffery.com
Tim J. Ruiz (SBN 353842)
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truiz@pooleshaffery.com
4 25350 Magic Mountain Parkway, Suite 250
Santa Clarita, California 91355
5 Telephone: (661) 290-2991
Facsimile: (661) 290-3338
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Attorneys for Defendant, 10 ROADS EXPRESS, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF KERN
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25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
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11 JORGE CERVANTES and SAGRARIO Case No.: BCV-24-100143
TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
POOLE SHAFFERY
FLORES,
12 [Assigned to Hon. Thomas S. Clark; Dept. 17]
Plaintiff,
13 ANSWER BY DEFENDANT 10 ROADS
vs. EXPRESS, LLC TO PLAINTIFFS’
14 COMPLAINT
10 ROADS EXPRESS, LLC; 10 ROADS
15 CARRIERS, LLC; KELLY ANDREW Complaint filed: January 11, 2024
SMITH; and DOES 1 to 100, Trial Date: Not Set
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Defendants.
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19 COMES NOW Defendant 10 ROADS EXPRESS, LLC (“ANSWERING DEFENDANT”),
20 and hereby responds to the Complaint filed by Plaintiffs JORGE CERVANTES and SAGRARIO
21 FLORES (“PLAINTIFFS”), as follows:
22 GENERAL DENIAL
23 Pursuant to Code of Civil Procedure Section 431.30, ANSWERING DEFENDANT denies
24 generally and specifically each and every, all and singular, the allegations contained in
25 PLAINTIFFS’ Complaint and in each and every cause of action therein set forth, and the whole
26 thereof, and specifically deny that PLAINTIFFS have been injured and/or damaged in the amounts
27 therein alleged or in any other amount or amounts, or at all, by any act or omission on the part of
28 ANSWERING DEFENDANT.
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ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
1 Whereas PLAINTIFFS Complaint does not describe the events or claims therein alleged
2 with sufficient particularity to enable ANSWERING DEFENDANT to determine what defense may
3 exist to such events or claims, ANSWERING DEFENDANT reserves the right to amend this
4 Answer, to assert additional affirmative defenses, and to supplement, alter, or change this Answer
5 and these defenses upon revelation of more definitive facts by the parties and/or upon discovery and
6 investigation in this matter.
7 AFFIRMATIVE DEFENSES
8 Further ANSWERING DEFENDANT alleges the following affirmative defenses to each
9 alleged cause of action, and hereby reserves the right to amend this Answer to allege additional
25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
10 affirmative defenses that may later be ascertained during discovery:
TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
11 FIRST AFFIRMATIVE DEFENSE
POOLE SHAFFERY
12 1. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
13 diminished, or reduced in that neither the Complaint, nor any purported cause of action alleged
14 therein, states facts sufficient to constitute a cause of action against ANSWERING DEFENDANT
15 under any legal theory.
16 SECOND AFFIRMATIVE DEFENSE
17 2. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
18 diminished, or reduced by the doctrine of laches in that PLAINTIFFS waited an unreasonable period
19 of time in which to file this action and that his prejudicial delay has worked to the detrimental effect
20 of ANSWERING DEFENDANT.
21 THIRD AFFIRMATIVE DEFENSE
22 3. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
23 diminished, or reduced to the extent PLAINTIFFS failed to mitigate their damages by failing to
24 exercise reasonable care and diligence to avoid loss and minimize resulting damages, as such,
25 PLAINTIFFS cannot recover for losses that may have been prevented by reasonable efforts and
26 expenditures.
27 ///
28 ///
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ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
1 FOURTH AFFIRMATIVE DEFENSE
2 4. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
3 diminished, or reduced to the extent that ANSWERING DEFENDANT’S conduct was permissible.
4 FIFTH AFFIRMATIVE DEFENSE
5 5. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
6 diminished, or reduced by virtue of the acts and/or omissions of third parties over whom
7 ANSWERING DEFENDANT had no control, which constitute responsible and/or intervening
8 and/or superseding causes of PLAINTIFFS’ alleged damages.
9 SIXTH AFFIRMATIVE DEFENSE
25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
10 6. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
11 diminished, or reduced to the extent that the injury, condition, and/or alleged harm was caused by
POOLE SHAFFERY
12 the acts or omissions of PLAINTIFFS.
13 SEVENTH AFFIRMATIVE DEFENSE
14 7. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
15 diminished, or reduced in that if PLAINTIFFS sustained any loss or damage, such loss or damage
16 was not directly or proximately caused by ANSWERING DEFENDANT.
17 EIGHTH AFFIRMATIVE DEFENSE
18 8. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
19 diminished, or reduced by virtue of PLAINTIFFS’, and/or their agents’ unlawful, careless,
20 negligent, and other wrongful conduct, such that PLAINTIFF is not entitled to any of the relief
21 sought against ANSWERING DEFENDANT, under the equitable doctrine of unclean hands.
22 NINTH AFFIRMATIVE DEFENSE
23 9. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
24 diminished, or reduced in that ANSWERING DEFENDANT did not owe a duty to PLAINTIFFS,
25 and if such a duty did exist, ANSWERING DEFENDANT did not breach said duty to PLAINTIFFS.
26 ///
27 ///
28 ///
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ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
1 TENTH AFFIRMATIVE DEFENSE
2 10. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
3 diminished, or reduced in that PLAINTIFFS expressly or impliedly waived their rights whatever
4 they may have had by their acts, conduct, and omissions.
5 ELEVENTH AFFIRMATIVE DEFENSE
6 11. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
7 diminished, or reduced in that PLAINTIFFS engaged in conduct with respect to the activities which
8 is the subject of the Complaint, and by reason of said activities and conduct, are estopped from
9 asserting the claims in the Complaint.
25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
10 TWELFTH AFFIRMATIVE DEFENSE
TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
11 12. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred in whole or
POOLE SHAFFERY
12 part by the legal doctrine of Assumption of Risk.
13 THIRTEENTH AFFIRMATIVE DEFENSE
14 13. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
15 diminished, or reduced to the extent PLAINTIFFS’ alleged loss or damage is attributable to
16 PLAINTIFFS’ own failure to act reasonably and/or PLAINTIFFS’ careless, reckless, or negligent
17 actions. Accordingly, any recovery by PLAINTIFFS against ANSWERING DEFENDANT is
18 barred, or in the alternative, is comparatively reduced by PLAINTIFFS’ percentage of fault.
19 FOURTEENTH AFFIRMATIVE DEFENSE
20 14. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
21 diminished, or reduced in that other parties, person(s) and/or entity(ies), whose true names and/or
22 capacities are unknown to ANSWERING DEFENDANT, are in some manner responsible for or at
23 fault in proximately causing the damage allegedly sustained by PLAINTIFFS. Accordingly,
24 PLAINTIFFS’ claims against ANSWERING DEFENDANT are barred for any non-economic
25 damages except those allocated to ANSWERING DEFENDANT in direct proportion to their
26 percentage of fault, if any, and the damages, if any, should be apportioned in proportion to the
27 relative fault, if any, of each other person and/or entity.
28 ///
4
ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
1 FIFTEENTH AFFIRMATIVE DEFENSE
2 15. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
3 diminished, or reduced to the extent that PLAINTIFFS’ alleged damages were caused by
4 unforeseeable acts or omissions and ANSWERING DEFENDANT exercised due care with respect
5 to foreseeable acts and omissions.
6 SIXTEENTH AFFIRMATIVE DEFENSE
7 16. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
8 diminished, or reduced on the ground that all conduct and activities of ANSWERING
9 DEFENDANT alleged in the Complaint conformed to statutes, government regulations, and/or
25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
10 industry standards existing at the time alleged in the Complaint.
TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
11 SEVENTEENTH AFFIRMATIVE DEFENSE
POOLE SHAFFERY
12 17. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
13 diminished, or reduced in that ANSWERING DEFENDANT had no duty to warn of a condition(s)
14 that pose an open and obvious risk.
15 EIGHTEENTH AFFIRMATIVE DEFENSE
16 18. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred,
17 diminished, or reduced in that the Complaint, and each purported cause of action against
18 ANSWERING DEFENDANT, is barred by the applicable statutes of limitations.
19 NINETEENTH AFFIRMATIVE DEFENSE
20 19. PLAINTIFFS’ complaint, and each cause of action therein, is barred, diminished, or
21 reduced in that ANSWERING DEFENDANT acted as a reasonably careful person would have in
22 response to a sudden and unexpected emergency situation which ANSWERING DEFENDANT did
23 not create.
24 TWENTIETH AFFIRMATIVE DEFENSE
25 20. This ANSWERING DEFENDANT hereby asserts a Reservation of Rights of
26 Unascertainable Affirmative Defenses to the extent that they may exist.
27
28 WHEREFORE, ANSWERING DEFENDANT prays:
5
ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
1 1. That PLAINTIFFS take nothing by the Complaint;
2 2. That judgment be entered in favor of ANSWERING DEFENDANT and against
3 PLAINTIFFS;
4 3. That ANSWERING DEFENDANT be awarded costs of suit;
5 4. That ANSWERING DEFENDANT be awarded further relief as this Court may
6 deem just and proper.
7
8 DATED: April _____, 2024 POOLE • SHAFFERY
9
25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
10
TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
11 By: _____________________________
POOLE SHAFFERY
Jason A Benkner, Esq.
12 Tim J. Ruiz, Esq.
Attorneys for Defendants,
13 10 ROADS EXPRESS, LLC
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ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
1 PROOF OF SERVICE
2 Jorge Cervantes, et al. v. 10 Roads Express, et al.
Kern County Superior Court Case No.: BCV-24-100143
3
I am employed in the County of Los Angeles, State of California; I am over the age of 18
4 years and not a party to the within action; my business address is 25350 Magic Mountain Pkwy,
Suite 250, Santa Clarita, CA 91355. My electronic service address is: rkhudir@pooleshaffery.com.
5
On April 22, 2024, I served the foregoing document(s) entitled: ANSWER BY
6 DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT on the
interested party(ies) in said action as indicated in the attached service list as follows:
7
8 ☐ By Mail [Federal]: I served a true copy of the above referenced document(s) by enclosing
said document(s) in a sealed envelope or package addressed to the party(ies) listed in the attached
9 service list and placing such envelope or package with postage thereon fully prepaid in the United
States mail at Los Angeles, California.
25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
10
☐ By Mail [State]: I am readily familiar with Poole • Shaffery’s practice for the collection and
11 document(s)ofin amail
processing with the United States Postal Service. I enclosed the above referenced
TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
POOLE SHAFFERY
sealed envelope or package addressed to the party(ies) listed in the attached service
12 list. Such envelope will be deposited with the United States Postal Service on the above date in the
ordinary course of business at the business address shown above; and such envelope was placed for
13 collection and mailing on the above date according to Poole • Shaffery’s ordinary business practices.
14 ☒ By Electronic Service: I am readily familiar with the Poole • Shaffery’s practice for filing
electronically. The above referenced document(s) will be (electronically) filed as of the same day in
15 the ordinary course of business following ordinary business practices. I caused said document(s) to
be transmitted by email to each party(ies) listed in the attached service list on this date. The
16 transmission of said document(s) was complete and without error.
17 ☐ By Overnight Mail: I caused such envelope to be delivered via overnight delivery to the
party(ies) listed in the attached service list.
18
☐ By Facsimile Transmission: I caused the above referenced document(s) to be transmitted to
a facsimile machine maintained by the party(ies) listed in the attached service list at the facsimile
19 machine telephone number as last given by that party(ies).
20
Executed on April 22, 2024, at Santa Clarita, California.
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22 ☒ [State] I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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☐ [Federal] I declare that I am employed in the office of a member of the bar of this Court at
whose direction this service was made.
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26 Raniya Khudir, Declarant
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ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
1 SERVICE LIST
2 Jorge Cervantes, et al. v. 10 Roads Express, et al.
Kern County Superior Court Case No.: BCV-24-100143
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Daniel D. Geoulla, Esq.
5 Nathan Samooha, Esq.
B & D Law Group, APLC.
6 10700 Santa Monica Blvd, Ste. 200
Los Angeles, CA 90025
7 T: (310) 424-5252
F: (310) 49-5855
8 Email: TeamLit1@bdinjurylawgrpoup.com
9 Attorneys for Plaintiffs, Juana Ortega Solano; Sagrario Flores
25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355
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TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338
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POOLE SHAFFERY
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ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT
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1 POOLE • SHAFFERY Jason A. Benkner (SBN 286790) 2 jbenkner@pooleshaffery.com Tim J. Ruiz (SBN 353842) 3 truiz@pooleshaffery.com 4 25350 Magic Mountain Parkway, Suite 250 Santa Clarita, California 91355 5 Telephone: (661) 290-2991 Facsimile: (661) 290-3338 6 Attorneys for Defendant, 10 ROADS EXPRESS, LLC 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF KERN 9 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 11 JORGE CERVANTES and SAGRARIO Case No.: BCV-24-100143 TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 POOLE SHAFFERY FLORES, 12 [Assigned to Hon. Thomas S. Clark; Dept. 17] Plaintiff, 13 ANSWER BY DEFENDANT 10 ROADS vs. EXPRESS, LLC TO PLAINTIFFS’ 14 COMPLAINT 10 ROADS EXPRESS, LLC; 10 ROADS 15 CARRIERS, LLC; KELLY ANDREW Complaint filed: January 11, 2024 SMITH; and DOES 1 to 100, Trial Date: Not Set 16 Defendants. 17 18 19 COMES NOW Defendant 10 ROADS EXPRESS, LLC (“ANSWERING DEFENDANT”), 20 and hereby responds to the Complaint filed by Plaintiffs JORGE CERVANTES and SAGRARIO 21 FLORES (“PLAINTIFFS”), as follows: 22 GENERAL DENIAL 23 Pursuant to Code of Civil Procedure Section 431.30, ANSWERING DEFENDANT denies 24 generally and specifically each and every, all and singular, the allegations contained in 25 PLAINTIFFS’ Complaint and in each and every cause of action therein set forth, and the whole 26 thereof, and specifically deny that PLAINTIFFS have been injured and/or damaged in the amounts 27 therein alleged or in any other amount or amounts, or at all, by any act or omission on the part of 28 ANSWERING DEFENDANT. 1 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT 1 Whereas PLAINTIFFS Complaint does not describe the events or claims therein alleged 2 with sufficient particularity to enable ANSWERING DEFENDANT to determine what defense may 3 exist to such events or claims, ANSWERING DEFENDANT reserves the right to amend this 4 Answer, to assert additional affirmative defenses, and to supplement, alter, or change this Answer 5 and these defenses upon revelation of more definitive facts by the parties and/or upon discovery and 6 investigation in this matter. 7 AFFIRMATIVE DEFENSES 8 Further ANSWERING DEFENDANT alleges the following affirmative defenses to each 9 alleged cause of action, and hereby reserves the right to amend this Answer to allege additional 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 affirmative defenses that may later be ascertained during discovery: TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 11 FIRST AFFIRMATIVE DEFENSE POOLE SHAFFERY 12 1. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 13 diminished, or reduced in that neither the Complaint, nor any purported cause of action alleged 14 therein, states facts sufficient to constitute a cause of action against ANSWERING DEFENDANT 15 under any legal theory. 16 SECOND AFFIRMATIVE DEFENSE 17 2. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 18 diminished, or reduced by the doctrine of laches in that PLAINTIFFS waited an unreasonable period 19 of time in which to file this action and that his prejudicial delay has worked to the detrimental effect 20 of ANSWERING DEFENDANT. 21 THIRD AFFIRMATIVE DEFENSE 22 3. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 23 diminished, or reduced to the extent PLAINTIFFS failed to mitigate their damages by failing to 24 exercise reasonable care and diligence to avoid loss and minimize resulting damages, as such, 25 PLAINTIFFS cannot recover for losses that may have been prevented by reasonable efforts and 26 expenditures. 27 /// 28 /// 2 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT 1 FOURTH AFFIRMATIVE DEFENSE 2 4. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 3 diminished, or reduced to the extent that ANSWERING DEFENDANT’S conduct was permissible. 4 FIFTH AFFIRMATIVE DEFENSE 5 5. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 6 diminished, or reduced by virtue of the acts and/or omissions of third parties over whom 7 ANSWERING DEFENDANT had no control, which constitute responsible and/or intervening 8 and/or superseding causes of PLAINTIFFS’ alleged damages. 9 SIXTH AFFIRMATIVE DEFENSE 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 6. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 11 diminished, or reduced to the extent that the injury, condition, and/or alleged harm was caused by POOLE SHAFFERY 12 the acts or omissions of PLAINTIFFS. 13 SEVENTH AFFIRMATIVE DEFENSE 14 7. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 15 diminished, or reduced in that if PLAINTIFFS sustained any loss or damage, such loss or damage 16 was not directly or proximately caused by ANSWERING DEFENDANT. 17 EIGHTH AFFIRMATIVE DEFENSE 18 8. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 19 diminished, or reduced by virtue of PLAINTIFFS’, and/or their agents’ unlawful, careless, 20 negligent, and other wrongful conduct, such that PLAINTIFF is not entitled to any of the relief 21 sought against ANSWERING DEFENDANT, under the equitable doctrine of unclean hands. 22 NINTH AFFIRMATIVE DEFENSE 23 9. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 24 diminished, or reduced in that ANSWERING DEFENDANT did not owe a duty to PLAINTIFFS, 25 and if such a duty did exist, ANSWERING DEFENDANT did not breach said duty to PLAINTIFFS. 26 /// 27 /// 28 /// 3 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT 1 TENTH AFFIRMATIVE DEFENSE 2 10. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 3 diminished, or reduced in that PLAINTIFFS expressly or impliedly waived their rights whatever 4 they may have had by their acts, conduct, and omissions. 5 ELEVENTH AFFIRMATIVE DEFENSE 6 11. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 7 diminished, or reduced in that PLAINTIFFS engaged in conduct with respect to the activities which 8 is the subject of the Complaint, and by reason of said activities and conduct, are estopped from 9 asserting the claims in the Complaint. 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 TWELFTH AFFIRMATIVE DEFENSE TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 11 12. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred in whole or POOLE SHAFFERY 12 part by the legal doctrine of Assumption of Risk. 13 THIRTEENTH AFFIRMATIVE DEFENSE 14 13. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 15 diminished, or reduced to the extent PLAINTIFFS’ alleged loss or damage is attributable to 16 PLAINTIFFS’ own failure to act reasonably and/or PLAINTIFFS’ careless, reckless, or negligent 17 actions. Accordingly, any recovery by PLAINTIFFS against ANSWERING DEFENDANT is 18 barred, or in the alternative, is comparatively reduced by PLAINTIFFS’ percentage of fault. 19 FOURTEENTH AFFIRMATIVE DEFENSE 20 14. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 21 diminished, or reduced in that other parties, person(s) and/or entity(ies), whose true names and/or 22 capacities are unknown to ANSWERING DEFENDANT, are in some manner responsible for or at 23 fault in proximately causing the damage allegedly sustained by PLAINTIFFS. Accordingly, 24 PLAINTIFFS’ claims against ANSWERING DEFENDANT are barred for any non-economic 25 damages except those allocated to ANSWERING DEFENDANT in direct proportion to their 26 percentage of fault, if any, and the damages, if any, should be apportioned in proportion to the 27 relative fault, if any, of each other person and/or entity. 28 /// 4 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT 1 FIFTEENTH AFFIRMATIVE DEFENSE 2 15. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 3 diminished, or reduced to the extent that PLAINTIFFS’ alleged damages were caused by 4 unforeseeable acts or omissions and ANSWERING DEFENDANT exercised due care with respect 5 to foreseeable acts and omissions. 6 SIXTEENTH AFFIRMATIVE DEFENSE 7 16. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 8 diminished, or reduced on the ground that all conduct and activities of ANSWERING 9 DEFENDANT alleged in the Complaint conformed to statutes, government regulations, and/or 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 industry standards existing at the time alleged in the Complaint. TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 11 SEVENTEENTH AFFIRMATIVE DEFENSE POOLE SHAFFERY 12 17. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 13 diminished, or reduced in that ANSWERING DEFENDANT had no duty to warn of a condition(s) 14 that pose an open and obvious risk. 15 EIGHTEENTH AFFIRMATIVE DEFENSE 16 18. PLAINTIFFS’ recovery against ANSWERING DEFENDANT is barred, 17 diminished, or reduced in that the Complaint, and each purported cause of action against 18 ANSWERING DEFENDANT, is barred by the applicable statutes of limitations. 19 NINETEENTH AFFIRMATIVE DEFENSE 20 19. PLAINTIFFS’ complaint, and each cause of action therein, is barred, diminished, or 21 reduced in that ANSWERING DEFENDANT acted as a reasonably careful person would have in 22 response to a sudden and unexpected emergency situation which ANSWERING DEFENDANT did 23 not create. 24 TWENTIETH AFFIRMATIVE DEFENSE 25 20. This ANSWERING DEFENDANT hereby asserts a Reservation of Rights of 26 Unascertainable Affirmative Defenses to the extent that they may exist. 27 28 WHEREFORE, ANSWERING DEFENDANT prays: 5 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT 1 1. That PLAINTIFFS take nothing by the Complaint; 2 2. That judgment be entered in favor of ANSWERING DEFENDANT and against 3 PLAINTIFFS; 4 3. That ANSWERING DEFENDANT be awarded costs of suit; 5 4. That ANSWERING DEFENDANT be awarded further relief as this Court may 6 deem just and proper. 7 8 DATED: April _____, 2024 POOLE • SHAFFERY 9 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 11 By: _____________________________ POOLE SHAFFERY Jason A Benkner, Esq. 12 Tim J. Ruiz, Esq. Attorneys for Defendants, 13 10 ROADS EXPRESS, LLC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT 1 PROOF OF SERVICE 2 Jorge Cervantes, et al. v. 10 Roads Express, et al. Kern County Superior Court Case No.: BCV-24-100143 3 I am employed in the County of Los Angeles, State of California; I am over the age of 18 4 years and not a party to the within action; my business address is 25350 Magic Mountain Pkwy, Suite 250, Santa Clarita, CA 91355. My electronic service address is: rkhudir@pooleshaffery.com. 5 On April 22, 2024, I served the foregoing document(s) entitled: ANSWER BY 6 DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT on the interested party(ies) in said action as indicated in the attached service list as follows: 7 8 ☐ By Mail [Federal]: I served a true copy of the above referenced document(s) by enclosing said document(s) in a sealed envelope or package addressed to the party(ies) listed in the attached 9 service list and placing such envelope or package with postage thereon fully prepaid in the United States mail at Los Angeles, California. 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 ☐ By Mail [State]: I am readily familiar with Poole • Shaffery’s practice for the collection and 11 document(s)ofin amail processing with the United States Postal Service. I enclosed the above referenced TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 POOLE SHAFFERY sealed envelope or package addressed to the party(ies) listed in the attached service 12 list. Such envelope will be deposited with the United States Postal Service on the above date in the ordinary course of business at the business address shown above; and such envelope was placed for 13 collection and mailing on the above date according to Poole • Shaffery’s ordinary business practices. 14 ☒ By Electronic Service: I am readily familiar with the Poole • Shaffery’s practice for filing electronically. The above referenced document(s) will be (electronically) filed as of the same day in 15 the ordinary course of business following ordinary business practices. I caused said document(s) to be transmitted by email to each party(ies) listed in the attached service list on this date. The 16 transmission of said document(s) was complete and without error. 17 ☐ By Overnight Mail: I caused such envelope to be delivered via overnight delivery to the party(ies) listed in the attached service list. 18 ☐ By Facsimile Transmission: I caused the above referenced document(s) to be transmitted to a facsimile machine maintained by the party(ies) listed in the attached service list at the facsimile 19 machine telephone number as last given by that party(ies). 20 Executed on April 22, 2024, at Santa Clarita, California. 21 22 ☒ [State] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 ☐ [Federal] I declare that I am employed in the office of a member of the bar of this Court at whose direction this service was made. 24 25 26 Raniya Khudir, Declarant 27 28 7 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT 1 SERVICE LIST 2 Jorge Cervantes, et al. v. 10 Roads Express, et al. Kern County Superior Court Case No.: BCV-24-100143 3 4 Daniel D. Geoulla, Esq. 5 Nathan Samooha, Esq. B & D Law Group, APLC. 6 10700 Santa Monica Blvd, Ste. 200 Los Angeles, CA 90025 7 T: (310) 424-5252 F: (310) 49-5855 8 Email: TeamLit1@bdinjurylawgrpoup.com 9 Attorneys for Plaintiffs, Juana Ortega Solano; Sagrario Flores 25350 M AGIC M OUNTAIN P ARKWAY, SUITE 250, SANTA C LARITA , CA 91355 10 TELEPHONE: (661) 290-2991 F ACSIMILE: (661) 290-3338 11 POOLE SHAFFERY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 ANSWER BY DEFENDANT 10 ROADS EXPRESS, LLC TO PLAINTIFFS’ COMPLAINT