Preview
1 NELSON MULLINS RILEY &
SCARBOROUGH LLP
2 Michael J. Hurvitz (SBN 249050)
mike.hurvitz@nelsonmullins.com
3 Tammara N. Bokmuller (SBN 192200)
tammy.bokmuller@nelsonmullins.com
4 750 B Street, Suite 2200
San Diego, CA 92101
5 Telephone: 619.489.6110
Facsimile: 619.821.2834
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NELSON MULLINS RILEY &
7 SCARBOROUGH LLP
Anthony P. Greco (SBN 296398)
8 Anthony.greco@nelsonmullins.com
19191 South Vermont Avenue, Suite 900
9 Torrance, CA 90502
Telephone: 424.221.7400
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10 Facsimile: 424.221.7499
N ELSO N M ULLINS R IL EY & S CARBOROUGH
11 Attorneys for Defendant
VOLVO CAR USA, LLC
A TTORNEYS AT L AW
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S AN D I EGO
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SAN MATEO
15 ELENI IERIDES, an individual, Case No. 24-CIV-01667
16 Plaintiff, Judge: Nicole S. Healy
Dept.: 28
17 vs.
VOLVO CAR USA, LLC’S ANSWER TO
18 VOLVO CAR USA LLC, a Delaware limited PLAINTIFF’S COMPLAINT; DEMAND
liability company, PUTNAM AUTOMOTIVE, FOR JURY TRIAL
19 INC., a California Stock Corporation DBA Volvo
Cars Burlingame AND DOES 1-100, Trial Date: Not Scheduled
20 INCLUSIVE, Action Filed: March 15, 2024
21 Defendants.
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23 TO PLAINTIFF AND HIS ATTORNEYS OF RECORD:
24 Defendant Volvo Car USA LLC (“VCUSA”), for itself alone and for no other parties, hereby
25 answers Plaintiff’s Complaint (“Complaint”) as follows:
26 GENERAL DENIAL
27 Under the provisions of Code of Civil Procedure section 431.30, subdivision (d), defendant
28 VCUSA denies every allegation, both specifically and generally, of each cause of action contained
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VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL
1 in Plaintiff’s Complaint on file herein and the whole thereof and denies that Plaintiff was damaged
2 in any sum or sums, or at all.
3 FIRST AFFIRMATIVE DEFENSE
4 (Failure to State a Cause of Action)
5 1. Plaintiff’s Complaint fails to state facts sufficient to constitute a cause of action
6 against VCUSA.
7 SECOND AFFIRMATIVE DEFENSE
8 (Misuse, Abuse, Unauthorized or Unreasonable Use)
9 2. VCUSA is informed and believes, and on that basis alleges, that Plaintiff and/or others
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10 misused or abused the subject vehicle or engaged in unauthorized or unreasonable use of the subject
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11 vehicle, contrary to VCUSA’s approval or consent and Plaintiff’s damages, if any, were proximately
A TTORNEYS AT L AW
12 caused by such abuse and neglect of the vehicle.
S AN D I EGO
13 THIRD AFFIRMATIVE DEFENSE
14 (Warranty Exclusion)
15 3. VCUSA is informed and believes, and on that basis alleges, that the damages asserted
16 in the Complaint were not the result of any defect in material or workmanship in any vehicle
17 distributed by VCUSA or that the subject vehicle’s use, safety or value was impaired. Specifically,
18 VCUSA alleges that after appropriate discovery, one or more of the stated specific warranty
19 exclusions may be applicable.
20 FOURTH AFFIRMATIVE DEFENSE
21 (Lack of Maintenance)
22 4. VCUSA is informed and believes, and on that basis alleges, that Plaintiff is precluded
23 from recovery by reason of Plaintiff’s failure to maintain and service the subject vehicle in
24 conformance with the requirements and recommendations of the owner’s manual and/or warranty
25 booklet.
26 FIFTH AFFIRMATIVE DEFENSE
27 (Third Party Dispute Resolution Process)
28 5. VCUSA is informed and believes, and on that basis alleges, that Plaintiff and/or the
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VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL
1 owner of the subject vehicle received timely notice of the availability of a third-party dispute
2 resolution process, and that no effort was made to use such process.
3 SIXTH AFFIRMATIVE DEFENSE
4 (No Timely Revocation of Acceptance)
5 6. Plaintiff has no restitution remedy under breach of implied warranty because there
6 was no timely revocation of acceptance after the alleged breach and before a substantial change in
7 the condition of the goods.
8 SEVENTH AFFIRMATIVE DEFENSE
9 (Failure to Preserve Evidence)
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10 7. VCUSA is informed and believes that some of Plaintiff’s claims may be barred, in
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11 whole or in part, because Plaintiff or others knew of the existence or likelihood of litigation and
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12 negligently failed to preserve crucial evidence.
S AN D I EGO
13 EIGHTH AFFIRMATIVE DEFENSE
14 (No Civil Penalty)
15 8. VCUSA is informed and believes, and on that basis alleges, that it possesses a
16 qualified third-party dispute resolution process, thereby barring Plaintiff from any civil penalty in
17 this lawsuit.
18 NINTH AFFIRMATIVE DEFENSE
19 (Unclean Hands)
20 9. VCUSA is informed and believes, and on that basis alleges, that Plaintiff is barred in
21 whole or in part under the doctrine of unclean hands.
22 TENTH AFFIRMATIVE DEFENSE
23 (Fit for Intended Purpose)
24 10. VCUSA is informed and believes, and on that basis alleges, that the subject vehicle
25 remained fit for its intended purpose of providing transportation. Accordingly, Plaintiff is not
26 entitled to relief for breach of the implied warranty of merchantability.
27 ///
28 ///
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VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL
1 ELEVENTH AFFIRMATIVE DEFENSE
2 (No Representation Beyond Express Warranty)
3 11. VCUSA is informed and believes, and on that basis alleges that it did not represent to
4 Plaintiff that the subject vehicle had characteristics and benefits that it did not have and/or that its
5 express warranty conferred or involved remedies or obligations it did not have.
6 TWELFTH AFFIRMATIVE DEFENSE
7 (Mitigation of Damages)
8 12. VCUSA is informed and believes, and on that basis alleges, that Plaintiff has made no
9 efforts to attempt to mitigate any damages or protect the value of the subject vehicle, and as such,
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10 any damages awarded would be reduced accordingly or denied in full.
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11 THIRTEENTH AFFIRMATIVE DEFENSE
A TTORNEYS AT L AW
12 (Alteration of Subject Vehicle)
S AN D I EGO
13 13. The subject vehicle was not defective or unmerchantable when it left the possession,
14 custody, and control of VCUSA. Any damage was caused by changes and alterations made to the
15 subject vehicle by persons other than VCUSA.
16 FOURTEENTH AFFIRMATIVE DEFENSE
17 (No Written Notice)
18 14. VCUSA is informed and believes, and on that basis alleges, that Plaintiff is barred
19 from the recovery of a civil penalty by reason of Plaintiff’s failure to serve written notice pursuant
20 to Civil Code section 1794, subdivision (e)(3).
21 FIFTEENTH AFFIRMATIVE DEFENSE
22 (Preemption)
23 15. VCUSA is informed and believes, and on that basis alleges, that Plaintiff’s claims are
24 preempted by federal statutes and/or regulations.
25 SIXTEENTH AFFIRMATIVE DEFENSE
26 (No Reliance)
27 16. VCUSA is informed and believes, and on that basis alleges, that Plaintiff did not
28 reasonably rely on any representation, disclaimer, warning or other act or omission of VCUSA.
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VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL
1 SEVENTHEENTH AFFIRMATIVE DEFENSE
2 (No Intent)
3 17. VCUSA is informed and believes, and on that basis alleges, that VCUSA did not
4 intentionally conceal or suppress any material fact from Plaintiff, and even if it did, it did so without
5 intent to defraud Plaintiffs.
6 EIGHTEENTH AFFIRMATIVE DEFENSE
7 (No Damages)
8 18. VCUSA is informed and believes, and on that basis alleges, that Plaintiff was not
9 damaged by any representations or concealments, if any, made by VCUSA.
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10 NINETEENTH AFFIRMATIVE DEFENSE
N ELSO N M ULLINS R IL EY & S CARBOROUGH
11 (Economic Loss Doctrine)
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12 19. VCUSA is informed and believes, and on that basis alleges, that Plaintiff’s Complaint
S AN D I EGO
13 is barred in whole or in part under the Economic Loss Doctrine because Plaintiff lacks evidence of
14 extra-contractual damages.
15 TWENTIETH AFFIRMATIVE DEFENSE
16 (No Duty)
17 20. VCUSA asserts that it did not owe Plaintiff a duty of disclosure.
18 TWENTY-FIRST AFFIRMATIVE DEFENSE
19 (Duration of the Implied Warranty)
20 26. The duration of the implied warranty is only one year for new motor vehicles and
21 three months for used goods.
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
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VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL
1 TWENTY-SECOND AFFIRMATIVE DEFENSE
2 (Additional Affirmative Defenses)
3 27. VCUSA alleges that it may have additional affirmative defenses available that are not
4 now fully known. VCUSA reserves the right to assert additional affirmative defenses after they have
5 been determined.
6 WHEREFORE, VCUSA prays as follows:
7 1. For dismissal of Plaintiff’s Complaint with prejudice;
8 2. For judgment in favor of VCUSA against Plaintiff;
9 3. For the costs of suit herein; and,
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10 4. For such other and further relief as the Court may deem just and proper.
N ELSO N M ULLINS R IL EY & S CARBOROUGH
11 Dated: April 22, 2024 Respectfully submitted,
A TTORNEYS AT L AW
12 NELSON MULLINS RILEY & SCARBOROUGH
S AN D I EGO
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By: ________________________________________
14 Michael J. Hurvitz
Tammara N. Bokmuller
15 Anthony P. Greco
Attorneys for Defendant
16 VOLVO CAR USA, LLC
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VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL
1 DEMAND FOR JURY TRIAL
2 Defendant Volvo Car USA, LLC hereby demands a trial by jury.
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Dated: April 22, 2024 Respectfully submitted,
4
NELSON MULLINS RILEY & SCARBOROUGH
5 LLP
6 By: ________________________________________
Michael J. Hurvitz
7 Tammara N. Bokmuller
Anthony P. Greco
8 Attorneys for Defendant
VOLVO CAR USA, LLC
9
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A TTORNEYS AT L AW
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VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL
1 PROOF OF SERVICE
(CCP § 1013(a) and 2015.5)
2
I, the undersigned, am employed in the County of Los Angeles, State of California. I am
3 over the age of 18 and not a party to the within action; am employed with Nelson Mullins Riley &
Scarborough LLP and my business address is 19191 South Vermont Avenue, Suite 900, Torrance,
4 California, 90502.
5 On April 22, 2024 I served the foregoing document entitled VOLVO CAR USA, LLC’S
ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL on all the
6 appearing and/or interested parties in this action by placing the original a true copy thereof
as follows:
7
[by MAIL (CCP §1013(a) and §2015.5)] - As follows: I am "readily familiar" with
8 the firm's practice of collection and processing correspondence for mailing. Under that practice it
would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at
9 San Diego, California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is more than
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10 one day after date of deposit for mailing in affidavit
N ELSO N M ULLINS R IL EY & S CARBOROUGH
11 [by FACSIMILE (CRC 2.306 and §2015.5)] - The document(s) were transmitted by
facsimile transmission to each of the parties at the facsimile number(s) listed on the attached
A TTORNEYS AT L AW
12 service/mailing list and the transmission(s) reported as complete and without error. The facsimile
S AN D I EGO
machine I used complied with the California Rules of Court, Rule 2.306(g), and no error was
13 reported by the machine. Pursuant to CRC, Rule 2.306(g), I caused the facsimile machine to print
a transmission(s) record, a true and correct copy of which is attached hereto.
14
[by OVERNIGHT DELIVERY/NEXT DAY DELIVERY (CCP §1013(a) and
15 §2015.5)] - I sealed such document(s) in separate envelopes for each addressee and deposited each
for collection and mailing via overnight mail/next day delivery in a box or other facility regularly
16 maintained by the U.S. Postal Service or an express service carrier, or delivered to an authorized
courier or driver authorized by the U.S. Postal Service or an express service carrier to receive
17 documents, with delivery fees paid or provided for.
18 [by PERSONAL SERVICE (CCP §1011 and §2015.5)] - I caused to be delivered
such envelope by hand to the addressee.
19
[by ELECTRONIC SERVICE (CCP 1010.6.(b)(6)] - Based on an agreement of the
20 parties to accept service by electronic transmission, I caused the documents to be sent to the
addressees/persons at the electronic notification listed on the Service/Mailing List.
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I declare that I am employed in the office of a member of the bar of this Court at whose
22 direction the service was made.
23 Executed April 22, 2024 at Torrance, California.
24 Sebastian Velazquez By: Sebastian Velazquez
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PROOF OF SERVICE
1 SERVICE LIST
Eleni Ierides v. Volvo Car USA, LLC, et al.
2 San Mateo County Court – Case No.: 24-CIV-01667
3 KNIGHT LAW GROUP, LLP
Roger Kirnos, Esq
4 Lauren Ungs, Esq.
5 10250 Constellation Boulevard, Suite 2500
Los Angeles, CA 90067
6 Tel: 310.552.2250
Fax: 310.552.7973
7 Email: rogerk@knightlaw.com
laurenu@knightlaw.com
8
emailservice@knightlaw.com
9
Attorneys for Plaintiff
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N ELSO N M ULLINS R IL EY & S CARBOROUGH
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PROOF OF SERVICE
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1 NELSON MULLINS RILEY & SCARBOROUGH LLP 2 Michael J. Hurvitz (SBN 249050) mike.hurvitz@nelsonmullins.com 3 Tammara N. Bokmuller (SBN 192200) tammy.bokmuller@nelsonmullins.com 4 750 B Street, Suite 2200 San Diego, CA 92101 5 Telephone: 619.489.6110 Facsimile: 619.821.2834 6 NELSON MULLINS RILEY & 7 SCARBOROUGH LLP Anthony P. Greco (SBN 296398) 8 Anthony.greco@nelsonmullins.com 19191 South Vermont Avenue, Suite 900 9 Torrance, CA 90502 Telephone: 424.221.7400 LLP 10 Facsimile: 424.221.7499 N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 Attorneys for Defendant VOLVO CAR USA, LLC A TTORNEYS AT L AW 12 S AN D I EGO 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SAN MATEO 15 ELENI IERIDES, an individual, Case No. 24-CIV-01667 16 Plaintiff, Judge: Nicole S. Healy Dept.: 28 17 vs. VOLVO CAR USA, LLC’S ANSWER TO 18 VOLVO CAR USA LLC, a Delaware limited PLAINTIFF’S COMPLAINT; DEMAND liability company, PUTNAM AUTOMOTIVE, FOR JURY TRIAL 19 INC., a California Stock Corporation DBA Volvo Cars Burlingame AND DOES 1-100, Trial Date: Not Scheduled 20 INCLUSIVE, Action Filed: March 15, 2024 21 Defendants. 22 23 TO PLAINTIFF AND HIS ATTORNEYS OF RECORD: 24 Defendant Volvo Car USA LLC (“VCUSA”), for itself alone and for no other parties, hereby 25 answers Plaintiff’s Complaint (“Complaint”) as follows: 26 GENERAL DENIAL 27 Under the provisions of Code of Civil Procedure section 431.30, subdivision (d), defendant 28 VCUSA denies every allegation, both specifically and generally, of each cause of action contained 1 VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL 1 in Plaintiff’s Complaint on file herein and the whole thereof and denies that Plaintiff was damaged 2 in any sum or sums, or at all. 3 FIRST AFFIRMATIVE DEFENSE 4 (Failure to State a Cause of Action) 5 1. Plaintiff’s Complaint fails to state facts sufficient to constitute a cause of action 6 against VCUSA. 7 SECOND AFFIRMATIVE DEFENSE 8 (Misuse, Abuse, Unauthorized or Unreasonable Use) 9 2. VCUSA is informed and believes, and on that basis alleges, that Plaintiff and/or others LLP 10 misused or abused the subject vehicle or engaged in unauthorized or unreasonable use of the subject N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 vehicle, contrary to VCUSA’s approval or consent and Plaintiff’s damages, if any, were proximately A TTORNEYS AT L AW 12 caused by such abuse and neglect of the vehicle. S AN D I EGO 13 THIRD AFFIRMATIVE DEFENSE 14 (Warranty Exclusion) 15 3. VCUSA is informed and believes, and on that basis alleges, that the damages asserted 16 in the Complaint were not the result of any defect in material or workmanship in any vehicle 17 distributed by VCUSA or that the subject vehicle’s use, safety or value was impaired. Specifically, 18 VCUSA alleges that after appropriate discovery, one or more of the stated specific warranty 19 exclusions may be applicable. 20 FOURTH AFFIRMATIVE DEFENSE 21 (Lack of Maintenance) 22 4. VCUSA is informed and believes, and on that basis alleges, that Plaintiff is precluded 23 from recovery by reason of Plaintiff’s failure to maintain and service the subject vehicle in 24 conformance with the requirements and recommendations of the owner’s manual and/or warranty 25 booklet. 26 FIFTH AFFIRMATIVE DEFENSE 27 (Third Party Dispute Resolution Process) 28 5. VCUSA is informed and believes, and on that basis alleges, that Plaintiff and/or the 2 VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL 1 owner of the subject vehicle received timely notice of the availability of a third-party dispute 2 resolution process, and that no effort was made to use such process. 3 SIXTH AFFIRMATIVE DEFENSE 4 (No Timely Revocation of Acceptance) 5 6. Plaintiff has no restitution remedy under breach of implied warranty because there 6 was no timely revocation of acceptance after the alleged breach and before a substantial change in 7 the condition of the goods. 8 SEVENTH AFFIRMATIVE DEFENSE 9 (Failure to Preserve Evidence) LLP 10 7. VCUSA is informed and believes that some of Plaintiff’s claims may be barred, in N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 whole or in part, because Plaintiff or others knew of the existence or likelihood of litigation and A TTORNEYS AT L AW 12 negligently failed to preserve crucial evidence. S AN D I EGO 13 EIGHTH AFFIRMATIVE DEFENSE 14 (No Civil Penalty) 15 8. VCUSA is informed and believes, and on that basis alleges, that it possesses a 16 qualified third-party dispute resolution process, thereby barring Plaintiff from any civil penalty in 17 this lawsuit. 18 NINTH AFFIRMATIVE DEFENSE 19 (Unclean Hands) 20 9. VCUSA is informed and believes, and on that basis alleges, that Plaintiff is barred in 21 whole or in part under the doctrine of unclean hands. 22 TENTH AFFIRMATIVE DEFENSE 23 (Fit for Intended Purpose) 24 10. VCUSA is informed and believes, and on that basis alleges, that the subject vehicle 25 remained fit for its intended purpose of providing transportation. Accordingly, Plaintiff is not 26 entitled to relief for breach of the implied warranty of merchantability. 27 /// 28 /// 3 VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL 1 ELEVENTH AFFIRMATIVE DEFENSE 2 (No Representation Beyond Express Warranty) 3 11. VCUSA is informed and believes, and on that basis alleges that it did not represent to 4 Plaintiff that the subject vehicle had characteristics and benefits that it did not have and/or that its 5 express warranty conferred or involved remedies or obligations it did not have. 6 TWELFTH AFFIRMATIVE DEFENSE 7 (Mitigation of Damages) 8 12. VCUSA is informed and believes, and on that basis alleges, that Plaintiff has made no 9 efforts to attempt to mitigate any damages or protect the value of the subject vehicle, and as such, LLP 10 any damages awarded would be reduced accordingly or denied in full. N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 THIRTEENTH AFFIRMATIVE DEFENSE A TTORNEYS AT L AW 12 (Alteration of Subject Vehicle) S AN D I EGO 13 13. The subject vehicle was not defective or unmerchantable when it left the possession, 14 custody, and control of VCUSA. Any damage was caused by changes and alterations made to the 15 subject vehicle by persons other than VCUSA. 16 FOURTEENTH AFFIRMATIVE DEFENSE 17 (No Written Notice) 18 14. VCUSA is informed and believes, and on that basis alleges, that Plaintiff is barred 19 from the recovery of a civil penalty by reason of Plaintiff’s failure to serve written notice pursuant 20 to Civil Code section 1794, subdivision (e)(3). 21 FIFTEENTH AFFIRMATIVE DEFENSE 22 (Preemption) 23 15. VCUSA is informed and believes, and on that basis alleges, that Plaintiff’s claims are 24 preempted by federal statutes and/or regulations. 25 SIXTEENTH AFFIRMATIVE DEFENSE 26 (No Reliance) 27 16. VCUSA is informed and believes, and on that basis alleges, that Plaintiff did not 28 reasonably rely on any representation, disclaimer, warning or other act or omission of VCUSA. 4 VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL 1 SEVENTHEENTH AFFIRMATIVE DEFENSE 2 (No Intent) 3 17. VCUSA is informed and believes, and on that basis alleges, that VCUSA did not 4 intentionally conceal or suppress any material fact from Plaintiff, and even if it did, it did so without 5 intent to defraud Plaintiffs. 6 EIGHTEENTH AFFIRMATIVE DEFENSE 7 (No Damages) 8 18. VCUSA is informed and believes, and on that basis alleges, that Plaintiff was not 9 damaged by any representations or concealments, if any, made by VCUSA. LLP 10 NINETEENTH AFFIRMATIVE DEFENSE N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 (Economic Loss Doctrine) A TTORNEYS AT L AW 12 19. VCUSA is informed and believes, and on that basis alleges, that Plaintiff’s Complaint S AN D I EGO 13 is barred in whole or in part under the Economic Loss Doctrine because Plaintiff lacks evidence of 14 extra-contractual damages. 15 TWENTIETH AFFIRMATIVE DEFENSE 16 (No Duty) 17 20. VCUSA asserts that it did not owe Plaintiff a duty of disclosure. 18 TWENTY-FIRST AFFIRMATIVE DEFENSE 19 (Duration of the Implied Warranty) 20 26. The duration of the implied warranty is only one year for new motor vehicles and 21 three months for used goods. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 5 VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL 1 TWENTY-SECOND AFFIRMATIVE DEFENSE 2 (Additional Affirmative Defenses) 3 27. VCUSA alleges that it may have additional affirmative defenses available that are not 4 now fully known. VCUSA reserves the right to assert additional affirmative defenses after they have 5 been determined. 6 WHEREFORE, VCUSA prays as follows: 7 1. For dismissal of Plaintiff’s Complaint with prejudice; 8 2. For judgment in favor of VCUSA against Plaintiff; 9 3. For the costs of suit herein; and, LLP 10 4. For such other and further relief as the Court may deem just and proper. N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 Dated: April 22, 2024 Respectfully submitted, A TTORNEYS AT L AW 12 NELSON MULLINS RILEY & SCARBOROUGH S AN D I EGO LLP 13 By: ________________________________________ 14 Michael J. Hurvitz Tammara N. Bokmuller 15 Anthony P. Greco Attorneys for Defendant 16 VOLVO CAR USA, LLC 17 18 19 20 21 22 23 24 25 26 27 28 6 VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL 1 DEMAND FOR JURY TRIAL 2 Defendant Volvo Car USA, LLC hereby demands a trial by jury. 3 Dated: April 22, 2024 Respectfully submitted, 4 NELSON MULLINS RILEY & SCARBOROUGH 5 LLP 6 By: ________________________________________ Michael J. Hurvitz 7 Tammara N. Bokmuller Anthony P. Greco 8 Attorneys for Defendant VOLVO CAR USA, LLC 9 LLP 10 N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 A TTORNEYS AT L AW 12 S AN D I EGO 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL 1 PROOF OF SERVICE (CCP § 1013(a) and 2015.5) 2 I, the undersigned, am employed in the County of Los Angeles, State of California. I am 3 over the age of 18 and not a party to the within action; am employed with Nelson Mullins Riley & Scarborough LLP and my business address is 19191 South Vermont Avenue, Suite 900, Torrance, 4 California, 90502. 5 On April 22, 2024 I served the foregoing document entitled VOLVO CAR USA, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT; DEMAND FOR JURY TRIAL on all the 6 appearing and/or interested parties in this action by placing the original a true copy thereof as follows: 7 [by MAIL (CCP §1013(a) and §2015.5)] - As follows: I am "readily familiar" with 8 the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at 9 San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than LLP 10 one day after date of deposit for mailing in affidavit N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 [by FACSIMILE (CRC 2.306 and §2015.5)] - The document(s) were transmitted by facsimile transmission to each of the parties at the facsimile number(s) listed on the attached A TTORNEYS AT L AW 12 service/mailing list and the transmission(s) reported as complete and without error. The facsimile S AN D I EGO machine I used complied with the California Rules of Court, Rule 2.306(g), and no error was 13 reported by the machine. Pursuant to CRC, Rule 2.306(g), I caused the facsimile machine to print a transmission(s) record, a true and correct copy of which is attached hereto. 14 [by OVERNIGHT DELIVERY/NEXT DAY DELIVERY (CCP §1013(a) and 15 §2015.5)] - I sealed such document(s) in separate envelopes for each addressee and deposited each for collection and mailing via overnight mail/next day delivery in a box or other facility regularly 16 maintained by the U.S. Postal Service or an express service carrier, or delivered to an authorized courier or driver authorized by the U.S. Postal Service or an express service carrier to receive 17 documents, with delivery fees paid or provided for. 18 [by PERSONAL SERVICE (CCP §1011 and §2015.5)] - I caused to be delivered such envelope by hand to the addressee. 19 [by ELECTRONIC SERVICE (CCP 1010.6.(b)(6)] - Based on an agreement of the 20 parties to accept service by electronic transmission, I caused the documents to be sent to the addressees/persons at the electronic notification listed on the Service/Mailing List. 21 I declare that I am employed in the office of a member of the bar of this Court at whose 22 direction the service was made. 23 Executed April 22, 2024 at Torrance, California. 24 Sebastian Velazquez By: Sebastian Velazquez 25 26 27 28 1 PROOF OF SERVICE 1 SERVICE LIST Eleni Ierides v. Volvo Car USA, LLC, et al. 2 San Mateo County Court – Case No.: 24-CIV-01667 3 KNIGHT LAW GROUP, LLP Roger Kirnos, Esq 4 Lauren Ungs, Esq. 5 10250 Constellation Boulevard, Suite 2500 Los Angeles, CA 90067 6 Tel: 310.552.2250 Fax: 310.552.7973 7 Email: rogerk@knightlaw.com laurenu@knightlaw.com 8 emailservice@knightlaw.com 9 Attorneys for Plaintiff LLP 10 N ELSO N M ULLINS R IL EY & S CARBOROUGH 11 A TTORNEYS AT L AW 12 S AN D I EGO 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE