Preview
1 Matthew Schiller, Esq. [SBN: 306662]
HOMAN, STONE & ROSSI ATTORNEYS
2 1461 Ford Street, Suite 201
Redlands, CA 92373
3 (909) 307-9380
4 (909) 793-0210 - Fax
mschiller@homan-stone.com
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Attorneys for HIPCAMP, INC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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10 FOR THE COUNTY OF SANTA BARBARA
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LEEANN MORGAN, Case No.: 24CV00291
12 Unlimited Civil Jurisdiction
Plaintiff,
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ANSWER TO COMPLAINT
14 vs.
[Assigned to Honorable Donna D. Geck
15 HIPCAMP, INC; FREEDOG FARMS@ CACTUS Dept.4]
FLOWER RANCH, LLC; SIERRA FIECHTER;
16 DARIN FIECHTER, and DOES 1 through 100, Trial date: None Set
inclusive,
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18 Defendants.
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COMES NOW Defendant, HIPCAMP, INC. (hereinafter referred to as “Defendant”), and
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hereby respond to the Complaint of Plaintiff, LEEANN MORGAN (hereinafter collectively referred to
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as “Plaintiffs”), for himself alone and for no other person or entity as follows:
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It appearing herein that the complaint on file is unverified, defendant hereby files its general
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denial pursuant to the Code of Civil Procedure Section 431.30(d). Defendant herein denies generally
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and specifically, each and every allegation of said complaint, both conjunctively and disjunctively and
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the whole thereof, and denies further that plaintiff has been damaged in the amount claimed or in any
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other sums whatsoever or at all.
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///
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ANSWER TO COMPLAINT
1 I.
2 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that
3 plaintiff's complaint and each alleged cause of action therein, fails to state facts sufficient to constitute a
4 cause of action as to these answering defendants.
5 II.
6 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges
7 that at all times and places mentioned in plaintiff's complaint, plaintiff was careless, reckless and
8 negligent in and about the matters and things alleged in plaintiff's complaint, which said carelessness,
9 recklessness and negligence concurred at a point of time with the alleged negligence of the defendant, if
10 any, and proximately caused and contributed to whatever injury and/or damage plaintiff may have
11 sustained, if any, and recovery by the plaintiff, if any, should be proportionately reduced according to
12 the percentage of fault of the plaintiff.
13 III.
14 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges
15 that in addition to the aforementioned negligence of the plaintiff, any damages incurred by the plaintiff
16 were directly and proximately caused and contributed to by the negligence of third persons.
17 IV.
18 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges
19 that plaintiff did with full knowledge of the consequences of her acts, and with full knowledge of the
20 dangers incident thereto, voluntarily exposed herself to all of the matters and things alleged in the
21 complaint and did thereby assume the risk generally incident thereto.
22 V.
23 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges
24 that the events, injuries, losses and damages complained of in plaintiff's complaint, if any there were,
25 were the result of an unavoidable accident insofar as this answering defendant is concerned and occurred
26 without any negligence, want of care, default or other breach of duty to plaintiff on the part of said
27 defendant.
28 ///
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ANSWER TO COMPLAINT
1 VI.
2 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges
3 that it is informed and believe and upon such information and belief alleges, that plaintiff, by the
4 exercise of reasonable effort and/or care, could have mitigated the amount of damages alleged to have
5 been suffered, but plaintiff has failed, neglected and refused, and continues to fail and refuse, to exercise
6 a reasonable effort to mitigate her damages.
7 VII
8 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges
9 that the causes of action alleged in the Complaint are barred by the applicable Statute of Limitations,
10 and/or lack of legal capacity provisions of statutory and decisional law, including but not limited to,
11 Code of Civil Procedure, Sections 335.1, 337, 337.1, 337.15, 338, 338(b), 339, 339(1), 340, 340(3), 343,
12 430.10(b) and any and all subsections and divisions of said sections, and Sections 2607 and 2725 of the
13 Uniform Commercial Code of the State of California.
14 FIRST AFFIRMATIVE DEFENSE
15 (Lack of Standing)
16 The Complaint and each purported cause of action therein are barred, in whole or in part,
17 because Plaintiff lacks standing to assert such causes of action against Defendant.
18 SECOND AFFIRMATIVE DEFENSE
19 (Violation of Due Process)
20 The Complaint and each purported cause of action therein are barred, in whole or in part,
21 because they violate Defendant’s right to due process under the United States Constitution, the
22 California Constitution, or other applicable law, or otherwise violate Defendant’s constitutionally-
23 protected rights.
24 THIRD AFFIRMATIVE DEFENSE
25 (No Requisite Intent)
26 At all times relevant to this action, Defendant did not act with the requisite intent with regard to
27 the acts alleged by Plaintiffs. Thus, Plaintiffs are barred from their requested recovery.
28 ///
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ANSWER TO COMPLAINT
1 FOURTH AFFIRMATIVE DEFENSE
2 (Predecessor and/or Successor-In-Interest Liability)
3 Defendant alleges that to the extent that any claim for relief in the Complaint seeks to recover
4 damages against Defendant for alleged acts or omissions of predecessors, alternates or successors-in-
5 interest to Defendant of any kind or description, Defendant asserts that it is not legally responsible and
6 cannot legally be held liable for any such acts or omissions. Defendant further alleges that it cannot be
7 held liable for punitive damages and/or exemplary damages which are or may be attributable to the
8 conduct of any predecessor, alternate or successor-in-interest. Further, Defendant alleges that the
9 conduct of any predecessor or successor-in-interest cannot, as a matter of law, provide a legal basis for
10 liability or the imposition of damages against Defendant.
11 FIFTH AFFIRMATIVE DEFENSE
12 (Intervening or Supervening Cause)
13 Defendant is informed and believes, and based thereon alleges, that Plaintiff’s injuries were
14 proximately caused by independent, intervening, and supervening causes. Plaintiff is therefore barred in
15 whole or in part from recovering from Defendant on their Complaint and each cause of action.
16 SIXTHAFFIRMATIVE DEFENSE
17 (Waiver)
18 The Complaint and each purported cause of action therein are barred, in whole or in part,
19 because Plaintiff, by their actions, have waived any claim they had against Defendant.
20 SEVENTH AFFIRMATIVE DEFENSE
21 (Estoppel)
22 The Complaint and each purported cause of action therein are barred, in whole or in part,
23 because any conduct of Defendant that is alleged to be unlawful was undertaken as a result of conduct
24 by Plaintiff, and as such, Plaintiff is estopped to assert any cause of action against Defendant.
25 EIGHTH AFFIRMATIVE DEFENSE
26 (Laches)
27 The Complaint and each purported cause of action therein are barred, in whole or in part,
28 because Plaintiff inexcusably and unreasonably delayed the filing of this action, causing prejudice to
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ANSWER TO COMPLAINT
1 Defendant.
2 NINTH AFFIRMATIVE DEFENSE
3 (Unclean Hands)
4 The Complaint and each purported cause of action therein are barred, in whole or in part,
5 because Plaintiff has been guilty of improper conduct connected to the matters alleged in the Complaint.
6 TENTH AFFIRMATIVE DEFENSE
7 (Failure to Mitigate)
8 Any damages should be reduced to the extent Plaintiff failed to mitigate such damages.
9 ELEVENTH AFFIRMATIVE DEFENSE
10 (Offset)
11 Any damages claimed by Plaintiff should be reduced to the extent they are subject to an offset,
12 representing amounts improperly obtained from Defendant or which would constitute unjust enrichment
13 of Plaintiff.
14 TWELFTH AFFIRMATIVE DEFENSE
15 (Ratification)
16 Defendant alleges that Plaintiff acknowledged, ratified, consented to and acquiesced in the
17 alleged acts or omissions, if any, of Defendant, thus barring Plaintiff from any relief as prayed for
18 herein.
19 THIRTEEN AFFIRMATIVE DEFENSE
20 (Consent)
21 The Complaint and each purported cause of action therein are barred, in whole or in part,
22 because Plaintiff consented to the alleged conduct of Defendant.
23 FOURTEEN AFFIRMATIVE DEFENSE
24 (Prior Release)
25 The Complaint and each purported cause of action therein are barred, in whole or in part,
26 because and to the extent Plaintiff entered into any settlement agreement(s) or other agreement(s)
27 including a release of claims against Defendant.
28 FIFTEENTH AFFIRMATIVE DEFENSE
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ANSWER TO COMPLAINT
1 (Assumption of Risk)
2 Defendant is informed and believes, and based thereon alleges, that Plaintiffs were aware of and
3 had a full appreciation of the risks, if any, associated with the complained of activities, and knowingly
4 and voluntarily assumed the risks and hazards, if any, of the alleged incidents complained of, and
5 Plaintiff’s alleged injuries and damages, if any, were proximately caused by Plaintiff’s express
6 assumption of such risks.
7 SIXTEENTH AFFIRMATIVE DEFENSE
8 (Misconduct of Others)
9 Defendant alleges that the damages Plaintiff alleges in their Complaint, if any, were proximately
10 caused by the acts and omissions of persons and entities other than Defendant, and over which
11 Defendant had no control.
12 SEVENTEENTH AFFIRMATIVE DEFENSE
13 (No Entitlement to Punitive Damages)
14 Defendant alleges that Plaintiff is precluded from recovering punitive damages, in whole or in
15 part, from Defendant under the applicable provisions of law, including, but not limited to, California
16 Civil Code, the California Constitution, and the United States Constitution.
17 EIGHTEENTH AFFIRMATIVE DEFENSE
18 (Idiosyncratic Condition or Reaction)
19 Defendant alleges that Plaintiff’s alleged injuries and damages, if any, were not the result of any
20 action or omission on the part of Defendant but rather by reason of an idiosyncratic nature, other
21 reaction, or Plaintiff’s pre-existing and/or subsequent conditions, disease, or disabilities, over and of
22 which Defendant had no knowledge or control.
23 NINTEENTH AFFIRMATIVE DEFENSE
24 (Failure to Join Indispensable Parties)
25 Defendant is informed and believes, and based thereon alleges, that Plaintiff failed to join all
26 indispensable parties. Therefore, complete relief cannot be accorded to those who are already parties to
27 this action and Plaintiff’s failure to join all indispensable parties will result in prejudice in any possible
28 future litigation.
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ANSWER TO COMPLAINT
1 TWENTIETH AFFIRMATIVE DEFENSE
2 (Adequate Remedy at Law)
3 Plaintiff’s claims for equitable relief are barred, in whole or in part, insofar as Plaintiff has an
4 adequate remedy at law.
5 TWENTY-ONE AFFIRMATIVE DEFENSE
6 (Negligence of Others)
7 Defendant alleges that if there is any negligence or liability of any of the parties named herein, it
8 is the sole and exclusive negligence and liability of the other Defendants, and not of this Defendant.
9 TWENTY-SECOND AFFIRMATIVE DEFENSE
10 (Contributory Negligence)
11 Defendant alleges that Plaintiff’s injuries, if any, were caused, in whole or part, by her their own
12 negligence.
13 TWENTY-THIRD AFFIRMATIVE DEFENSE
14 (Comparative Negligence)
15 Defendant is informed and believes, and based thereon alleges, that at all times relevant hereto,
16 Plaintiff failed to exercise ordinary care, caution or prudence, and negligently or willfully failed to take
17 appropriate care. Therefore, any injuries or damages allegedly sustained by Plaintiff was the direct and
18 proximate result of Plaintiff’s negligence, fault, or other conduct, and not the result of any negligence,
19 fault, or other chargeable conduct on the part of Defendant. Defendant’s alleged liability to Plaintiff
20 should, therefore, be denied, reduced, or apportioned accordingly.
21 THIRTY-FOURTH AFFIRMATIVE DEFENSE
22 (Accord and Satisfaction)
23 Defendant alleges that Plaintiff have released, settled, entered into an accord and satisfaction or
24 otherwise compromised their claims herein, and accordingly, said claims are barred by operation of law;
25 alternatively, Plaintiff has accepted compensation as partial settlement of those claims for which
26 Defendant is entitled to a setoff.
27 THIRTY-FIFTH AFFIRMATIVE DEFENSE
28 (No Gross Negligence or Intentional Acts)
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ANSWER TO COMPLAINT
1 Defendant alleges that there was no negligence, gross negligence, willful, wanton, or malicious
2 misconduct, reckless indifference or reckless disregard of the rights of Plaintiff, or malice (actual, legal,
3 or otherwise) on the part of Defendant as to Plaintiff.
4 THIRTY-SIXTH AFFIRMATIVE DEFENSE
5 (No Prior Notification of Breach of Warranty)
6 Defendant alleges that Plaintiff, prior to the filing of this Complaint, never informed Defendant, by
7 notification or otherwise, of any breach of express and/or implied warranties; consequently, any claims
8 of breach of express and/or implied warranties against Defendant are barred.
9 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
10 (Responsibility of Others)
11 Defendant alleges that the injuries to, and damages of, Plaintiffs, if any, were directly caused by the
12 conduct of Ms. Morgan, her predecessors and successors in interest.
13 TWENTY- EIGHTH AFFIRMATIVE DEFENSE
14 (Joint and Several Liability)
15 Defendant alleges that the doctrine of joint and several liability has been abolished in a case such
16 as this, and should Plaintiff prevail against Defendant, Defendant’s liability is several and is limited to
17 its own actionable segment of fault, which fault is vigorously denied.
18 TWENTY-NINETH AFFIRMATIVE DEFENSE
19 (Ambiguous Complaint)
20 Plaintiff's Complaint, and each cause of action therein, is vague, ambiguous, unintelligible and
21 uncertain.
22 THIRTIETH AFFIRMATIVE DEFENSE
23 (Personal Jurisdiction)
24 Defendant alleges that this Court lacks personal jurisdiction over Defendant in this action.
25 THIRTY-SECOND AFFIRMATIVE DEFENSE
26 (Allocation of Non-Economic Damages)
27 Defendant alleges that Plaintiff is barred and precluded from recovery against Defendant for any
28 non-economic damages except those allocated to Defendant in direct proportion to its percentage of
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ANSWER TO COMPLAINT
1 fault, if there is any such fault or damages.
2 THIRTY-THIRD AFFIRMATIVE DEFENSE
3 (Res Judicata, Release, Limitations of Warranties)
4 Defendant alleges Plaintiff’s claims may be barred by res judicata, release, limitations of express
5 and/or implied warranties, and/or accord and satisfaction.
6 THIRTY-FOURTH AFFIRMATIVE DEFENSE
7 (Arbitration Provision)
8 Defendant alleges Plaintiff’s claims against HipCamp should be dismissed or stayed as they are
9 intertwined with the claims against HipCamp and thus subject to the arbitration agreement contained in
10 HipCamp’s terms of use.
11 THIRTY-FIFTH AFFIRMATIVE DEFENSE
12 (Venue)
13 Defendant alleges Plaintiff’s claims should be dismissed or transferred as the current forum is an
14 improper venue or inconvenient venue in which to try this case.
15 THIRTY-SIXTH AFFIRMATIVE DEFENSE
16 (Alternative Cause)
17 Defendant alleges Plaintiff’s claims are barred because Plaintiff has not and cannot exclude
18 alternative reasonable causes of Plaintiff’s alleged injuries.
19 THIRTY-SEVENTH AFFIRMATIVE DEFENSE
20 (Lack of Privity)
21 Defendant alleges Plaintiff’s claims should be dismissed because there is no privity between
22 Plaintiff and Defendant.
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DATED: April 22, 2024 HOMAN, STONE & ROSSI ATTORNEYS
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_______________________________
27 Matthew Schiller, Esq.
Attorneys for HIPCAMP, INC.
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ANSWER TO COMPLAINT
PROOF OF SERVICE (Code Civ. Proc., §§ 1013a, 2015)
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STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO
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3 I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not
a party to the within action; my business address is 1461 Ford Street, Suite 201, Redlands, CA 92373.
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On April 22, 2024, I served the foregoing document(s) described as ANSWER TO COMPLAINT
5 on the other parties in this action as follows:
6 SEE ATTACHED MAILING LIST
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[ ] (BY MAIL) By placing [X] the original [X] a true copy thereof enclosed in a sealed envelope(s)
8 addressed as to the above-named counsel of record or parties in propria persona. [X] I deposited
such envelope(s) in the mail at Redlands, California, with postage thereon fully prepaid. [X] I am
9 readily familiar with the firm’s practice of collection and processing correspondence for mailing. It is
deposited with the U.S. Postal Service on the same day in the ordinary course of business. I am aware
10 that on motion of party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
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[X] (BY PERSONAL SERVICE) By placing [X] the original [X] a true copy thereof enclosed in a
12 sealed envelope(s) addressed as to the above-named counsel of record or parties in propria persona. I
13 caused such envelope(s) to be delivered to the addressee.
14 [X] (BY FEDERAL EXPRESS NEXT-DAY DELIVERY) By placing [X] the original [X] a true
copy thereof enclosed in a sealed envelope(s) addressed to the above-named counsel of record or
15 parties in propria persona. I caused such envelope(s) to be prepared and picked up by Federal
Express box at 1461 Ford Street Suite 201, Redlands, California, with delivery fees prepaid and
16 provided for, addressed to the person on whom said document is to be served.
17 [X] BY ELECTRONIC SERVICE: A copy of said document(s) was delivered by electronic
transmission to the addressee(s) pursuant to C.C.P.1010.6(3) and/or C.R.C. Rule 2.251(a).
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19 [X] (BY FACSIMILE) I caused said document(s), along with an unsigned copy of this Declaration, to
be transmitted to a facsimile machine telephone number as last given by said counsel or party in
20 propria persona as noted above.
21 [X] FEDERAL: I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made. Pursuant to L.R. 5-3.2.1 and 5-3.2.2 the undersigned
22 declares service has been affected by way of CM/ECF or via Mail service as indicated above.
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[X] (STATE) I declare under penalty of perjury under the laws of the State of California that the
24 foregoing is true and correct.
25 Executed on April 22, 2024, at Redlands, California.
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27 Carla Banuelos
Carla Banuelos
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ANSWER TO COMPLAINT
MAILING LIST
1 CASE NO.: 24CV00291
2
LeeAnn Morgan
3 1472 Lou Dillion Ln. Apt. 14
Santa Barbara, CA 93103
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Leeann.morgan88@gmail.com
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6 Tel: 805.884.0505
Fax: 888.844.4008
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Pro Se
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ANSWER TO COMPLAINT
Preview
1 Matthew Schiller, Esq. [SBN: 306662] HOMAN, STONE & ROSSI ATTORNEYS 2 1461 Ford Street, Suite 201 Redlands, CA 92373 3 (909) 307-9380 4 (909) 793-0210 - Fax mschiller@homan-stone.com 5 Attorneys for HIPCAMP, INC. 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 FOR THE COUNTY OF SANTA BARBARA 11 LEEANN MORGAN, Case No.: 24CV00291 12 Unlimited Civil Jurisdiction Plaintiff, 13 ANSWER TO COMPLAINT 14 vs. [Assigned to Honorable Donna D. Geck 15 HIPCAMP, INC; FREEDOG FARMS@ CACTUS Dept.4] FLOWER RANCH, LLC; SIERRA FIECHTER; 16 DARIN FIECHTER, and DOES 1 through 100, Trial date: None Set inclusive, 17 18 Defendants. 19 COMES NOW Defendant, HIPCAMP, INC. (hereinafter referred to as “Defendant”), and 20 hereby respond to the Complaint of Plaintiff, LEEANN MORGAN (hereinafter collectively referred to 21 as “Plaintiffs”), for himself alone and for no other person or entity as follows: 22 It appearing herein that the complaint on file is unverified, defendant hereby files its general 23 denial pursuant to the Code of Civil Procedure Section 431.30(d). Defendant herein denies generally 24 and specifically, each and every allegation of said complaint, both conjunctively and disjunctively and 25 the whole thereof, and denies further that plaintiff has been damaged in the amount claimed or in any 26 other sums whatsoever or at all. 27 /// 28 -1- ANSWER TO COMPLAINT 1 I. 2 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that 3 plaintiff's complaint and each alleged cause of action therein, fails to state facts sufficient to constitute a 4 cause of action as to these answering defendants. 5 II. 6 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges 7 that at all times and places mentioned in plaintiff's complaint, plaintiff was careless, reckless and 8 negligent in and about the matters and things alleged in plaintiff's complaint, which said carelessness, 9 recklessness and negligence concurred at a point of time with the alleged negligence of the defendant, if 10 any, and proximately caused and contributed to whatever injury and/or damage plaintiff may have 11 sustained, if any, and recovery by the plaintiff, if any, should be proportionately reduced according to 12 the percentage of fault of the plaintiff. 13 III. 14 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges 15 that in addition to the aforementioned negligence of the plaintiff, any damages incurred by the plaintiff 16 were directly and proximately caused and contributed to by the negligence of third persons. 17 IV. 18 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges 19 that plaintiff did with full knowledge of the consequences of her acts, and with full knowledge of the 20 dangers incident thereto, voluntarily exposed herself to all of the matters and things alleged in the 21 complaint and did thereby assume the risk generally incident thereto. 22 V. 23 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges 24 that the events, injuries, losses and damages complained of in plaintiff's complaint, if any there were, 25 were the result of an unavoidable accident insofar as this answering defendant is concerned and occurred 26 without any negligence, want of care, default or other breach of duty to plaintiff on the part of said 27 defendant. 28 /// -2- ANSWER TO COMPLAINT 1 VI. 2 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges 3 that it is informed and believe and upon such information and belief alleges, that plaintiff, by the 4 exercise of reasonable effort and/or care, could have mitigated the amount of damages alleged to have 5 been suffered, but plaintiff has failed, neglected and refused, and continues to fail and refuse, to exercise 6 a reasonable effort to mitigate her damages. 7 VII 8 FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges 9 that the causes of action alleged in the Complaint are barred by the applicable Statute of Limitations, 10 and/or lack of legal capacity provisions of statutory and decisional law, including but not limited to, 11 Code of Civil Procedure, Sections 335.1, 337, 337.1, 337.15, 338, 338(b), 339, 339(1), 340, 340(3), 343, 12 430.10(b) and any and all subsections and divisions of said sections, and Sections 2607 and 2725 of the 13 Uniform Commercial Code of the State of California. 14 FIRST AFFIRMATIVE DEFENSE 15 (Lack of Standing) 16 The Complaint and each purported cause of action therein are barred, in whole or in part, 17 because Plaintiff lacks standing to assert such causes of action against Defendant. 18 SECOND AFFIRMATIVE DEFENSE 19 (Violation of Due Process) 20 The Complaint and each purported cause of action therein are barred, in whole or in part, 21 because they violate Defendant’s right to due process under the United States Constitution, the 22 California Constitution, or other applicable law, or otherwise violate Defendant’s constitutionally- 23 protected rights. 24 THIRD AFFIRMATIVE DEFENSE 25 (No Requisite Intent) 26 At all times relevant to this action, Defendant did not act with the requisite intent with regard to 27 the acts alleged by Plaintiffs. Thus, Plaintiffs are barred from their requested recovery. 28 /// -3- ANSWER TO COMPLAINT 1 FOURTH AFFIRMATIVE DEFENSE 2 (Predecessor and/or Successor-In-Interest Liability) 3 Defendant alleges that to the extent that any claim for relief in the Complaint seeks to recover 4 damages against Defendant for alleged acts or omissions of predecessors, alternates or successors-in- 5 interest to Defendant of any kind or description, Defendant asserts that it is not legally responsible and 6 cannot legally be held liable for any such acts or omissions. Defendant further alleges that it cannot be 7 held liable for punitive damages and/or exemplary damages which are or may be attributable to the 8 conduct of any predecessor, alternate or successor-in-interest. Further, Defendant alleges that the 9 conduct of any predecessor or successor-in-interest cannot, as a matter of law, provide a legal basis for 10 liability or the imposition of damages against Defendant. 11 FIFTH AFFIRMATIVE DEFENSE 12 (Intervening or Supervening Cause) 13 Defendant is informed and believes, and based thereon alleges, that Plaintiff’s injuries were 14 proximately caused by independent, intervening, and supervening causes. Plaintiff is therefore barred in 15 whole or in part from recovering from Defendant on their Complaint and each cause of action. 16 SIXTHAFFIRMATIVE DEFENSE 17 (Waiver) 18 The Complaint and each purported cause of action therein are barred, in whole or in part, 19 because Plaintiff, by their actions, have waived any claim they had against Defendant. 20 SEVENTH AFFIRMATIVE DEFENSE 21 (Estoppel) 22 The Complaint and each purported cause of action therein are barred, in whole or in part, 23 because any conduct of Defendant that is alleged to be unlawful was undertaken as a result of conduct 24 by Plaintiff, and as such, Plaintiff is estopped to assert any cause of action against Defendant. 25 EIGHTH AFFIRMATIVE DEFENSE 26 (Laches) 27 The Complaint and each purported cause of action therein are barred, in whole or in part, 28 because Plaintiff inexcusably and unreasonably delayed the filing of this action, causing prejudice to -4- ANSWER TO COMPLAINT 1 Defendant. 2 NINTH AFFIRMATIVE DEFENSE 3 (Unclean Hands) 4 The Complaint and each purported cause of action therein are barred, in whole or in part, 5 because Plaintiff has been guilty of improper conduct connected to the matters alleged in the Complaint. 6 TENTH AFFIRMATIVE DEFENSE 7 (Failure to Mitigate) 8 Any damages should be reduced to the extent Plaintiff failed to mitigate such damages. 9 ELEVENTH AFFIRMATIVE DEFENSE 10 (Offset) 11 Any damages claimed by Plaintiff should be reduced to the extent they are subject to an offset, 12 representing amounts improperly obtained from Defendant or which would constitute unjust enrichment 13 of Plaintiff. 14 TWELFTH AFFIRMATIVE DEFENSE 15 (Ratification) 16 Defendant alleges that Plaintiff acknowledged, ratified, consented to and acquiesced in the 17 alleged acts or omissions, if any, of Defendant, thus barring Plaintiff from any relief as prayed for 18 herein. 19 THIRTEEN AFFIRMATIVE DEFENSE 20 (Consent) 21 The Complaint and each purported cause of action therein are barred, in whole or in part, 22 because Plaintiff consented to the alleged conduct of Defendant. 23 FOURTEEN AFFIRMATIVE DEFENSE 24 (Prior Release) 25 The Complaint and each purported cause of action therein are barred, in whole or in part, 26 because and to the extent Plaintiff entered into any settlement agreement(s) or other agreement(s) 27 including a release of claims against Defendant. 28 FIFTEENTH AFFIRMATIVE DEFENSE -5- ANSWER TO COMPLAINT 1 (Assumption of Risk) 2 Defendant is informed and believes, and based thereon alleges, that Plaintiffs were aware of and 3 had a full appreciation of the risks, if any, associated with the complained of activities, and knowingly 4 and voluntarily assumed the risks and hazards, if any, of the alleged incidents complained of, and 5 Plaintiff’s alleged injuries and damages, if any, were proximately caused by Plaintiff’s express 6 assumption of such risks. 7 SIXTEENTH AFFIRMATIVE DEFENSE 8 (Misconduct of Others) 9 Defendant alleges that the damages Plaintiff alleges in their Complaint, if any, were proximately 10 caused by the acts and omissions of persons and entities other than Defendant, and over which 11 Defendant had no control. 12 SEVENTEENTH AFFIRMATIVE DEFENSE 13 (No Entitlement to Punitive Damages) 14 Defendant alleges that Plaintiff is precluded from recovering punitive damages, in whole or in 15 part, from Defendant under the applicable provisions of law, including, but not limited to, California 16 Civil Code, the California Constitution, and the United States Constitution. 17 EIGHTEENTH AFFIRMATIVE DEFENSE 18 (Idiosyncratic Condition or Reaction) 19 Defendant alleges that Plaintiff’s alleged injuries and damages, if any, were not the result of any 20 action or omission on the part of Defendant but rather by reason of an idiosyncratic nature, other 21 reaction, or Plaintiff’s pre-existing and/or subsequent conditions, disease, or disabilities, over and of 22 which Defendant had no knowledge or control. 23 NINTEENTH AFFIRMATIVE DEFENSE 24 (Failure to Join Indispensable Parties) 25 Defendant is informed and believes, and based thereon alleges, that Plaintiff failed to join all 26 indispensable parties. Therefore, complete relief cannot be accorded to those who are already parties to 27 this action and Plaintiff’s failure to join all indispensable parties will result in prejudice in any possible 28 future litigation. -6- ANSWER TO COMPLAINT 1 TWENTIETH AFFIRMATIVE DEFENSE 2 (Adequate Remedy at Law) 3 Plaintiff’s claims for equitable relief are barred, in whole or in part, insofar as Plaintiff has an 4 adequate remedy at law. 5 TWENTY-ONE AFFIRMATIVE DEFENSE 6 (Negligence of Others) 7 Defendant alleges that if there is any negligence or liability of any of the parties named herein, it 8 is the sole and exclusive negligence and liability of the other Defendants, and not of this Defendant. 9 TWENTY-SECOND AFFIRMATIVE DEFENSE 10 (Contributory Negligence) 11 Defendant alleges that Plaintiff’s injuries, if any, were caused, in whole or part, by her their own 12 negligence. 13 TWENTY-THIRD AFFIRMATIVE DEFENSE 14 (Comparative Negligence) 15 Defendant is informed and believes, and based thereon alleges, that at all times relevant hereto, 16 Plaintiff failed to exercise ordinary care, caution or prudence, and negligently or willfully failed to take 17 appropriate care. Therefore, any injuries or damages allegedly sustained by Plaintiff was the direct and 18 proximate result of Plaintiff’s negligence, fault, or other conduct, and not the result of any negligence, 19 fault, or other chargeable conduct on the part of Defendant. Defendant’s alleged liability to Plaintiff 20 should, therefore, be denied, reduced, or apportioned accordingly. 21 THIRTY-FOURTH AFFIRMATIVE DEFENSE 22 (Accord and Satisfaction) 23 Defendant alleges that Plaintiff have released, settled, entered into an accord and satisfaction or 24 otherwise compromised their claims herein, and accordingly, said claims are barred by operation of law; 25 alternatively, Plaintiff has accepted compensation as partial settlement of those claims for which 26 Defendant is entitled to a setoff. 27 THIRTY-FIFTH AFFIRMATIVE DEFENSE 28 (No Gross Negligence or Intentional Acts) -7- ANSWER TO COMPLAINT 1 Defendant alleges that there was no negligence, gross negligence, willful, wanton, or malicious 2 misconduct, reckless indifference or reckless disregard of the rights of Plaintiff, or malice (actual, legal, 3 or otherwise) on the part of Defendant as to Plaintiff. 4 THIRTY-SIXTH AFFIRMATIVE DEFENSE 5 (No Prior Notification of Breach of Warranty) 6 Defendant alleges that Plaintiff, prior to the filing of this Complaint, never informed Defendant, by 7 notification or otherwise, of any breach of express and/or implied warranties; consequently, any claims 8 of breach of express and/or implied warranties against Defendant are barred. 9 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 10 (Responsibility of Others) 11 Defendant alleges that the injuries to, and damages of, Plaintiffs, if any, were directly caused by the 12 conduct of Ms. Morgan, her predecessors and successors in interest. 13 TWENTY- EIGHTH AFFIRMATIVE DEFENSE 14 (Joint and Several Liability) 15 Defendant alleges that the doctrine of joint and several liability has been abolished in a case such 16 as this, and should Plaintiff prevail against Defendant, Defendant’s liability is several and is limited to 17 its own actionable segment of fault, which fault is vigorously denied. 18 TWENTY-NINETH AFFIRMATIVE DEFENSE 19 (Ambiguous Complaint) 20 Plaintiff's Complaint, and each cause of action therein, is vague, ambiguous, unintelligible and 21 uncertain. 22 THIRTIETH AFFIRMATIVE DEFENSE 23 (Personal Jurisdiction) 24 Defendant alleges that this Court lacks personal jurisdiction over Defendant in this action. 25 THIRTY-SECOND AFFIRMATIVE DEFENSE 26 (Allocation of Non-Economic Damages) 27 Defendant alleges that Plaintiff is barred and precluded from recovery against Defendant for any 28 non-economic damages except those allocated to Defendant in direct proportion to its percentage of -8- ANSWER TO COMPLAINT 1 fault, if there is any such fault or damages. 2 THIRTY-THIRD AFFIRMATIVE DEFENSE 3 (Res Judicata, Release, Limitations of Warranties) 4 Defendant alleges Plaintiff’s claims may be barred by res judicata, release, limitations of express 5 and/or implied warranties, and/or accord and satisfaction. 6 THIRTY-FOURTH AFFIRMATIVE DEFENSE 7 (Arbitration Provision) 8 Defendant alleges Plaintiff’s claims against HipCamp should be dismissed or stayed as they are 9 intertwined with the claims against HipCamp and thus subject to the arbitration agreement contained in 10 HipCamp’s terms of use. 11 THIRTY-FIFTH AFFIRMATIVE DEFENSE 12 (Venue) 13 Defendant alleges Plaintiff’s claims should be dismissed or transferred as the current forum is an 14 improper venue or inconvenient venue in which to try this case. 15 THIRTY-SIXTH AFFIRMATIVE DEFENSE 16 (Alternative Cause) 17 Defendant alleges Plaintiff’s claims are barred because Plaintiff has not and cannot exclude 18 alternative reasonable causes of Plaintiff’s alleged injuries. 19 THIRTY-SEVENTH AFFIRMATIVE DEFENSE 20 (Lack of Privity) 21 Defendant alleges Plaintiff’s claims should be dismissed because there is no privity between 22 Plaintiff and Defendant. 23 DATED: April 22, 2024 HOMAN, STONE & ROSSI ATTORNEYS 24 25 26 _______________________________ 27 Matthew Schiller, Esq. Attorneys for HIPCAMP, INC. 28 -9- ANSWER TO COMPLAINT PROOF OF SERVICE (Code Civ. Proc., §§ 1013a, 2015) 1 STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO 2 3 I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action; my business address is 1461 Ford Street, Suite 201, Redlands, CA 92373. 4 On April 22, 2024, I served the foregoing document(s) described as ANSWER TO COMPLAINT 5 on the other parties in this action as follows: 6 SEE ATTACHED MAILING LIST 7 [ ] (BY MAIL) By placing [X] the original [X] a true copy thereof enclosed in a sealed envelope(s) 8 addressed as to the above-named counsel of record or parties in propria persona. [X] I deposited such envelope(s) in the mail at Redlands, California, with postage thereon fully prepaid. [X] I am 9 readily familiar with the firm’s practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the ordinary course of business. I am aware 10 that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 11 [X] (BY PERSONAL SERVICE) By placing [X] the original [X] a true copy thereof enclosed in a 12 sealed envelope(s) addressed as to the above-named counsel of record or parties in propria persona. I 13 caused such envelope(s) to be delivered to the addressee. 14 [X] (BY FEDERAL EXPRESS NEXT-DAY DELIVERY) By placing [X] the original [X] a true copy thereof enclosed in a sealed envelope(s) addressed to the above-named counsel of record or 15 parties in propria persona. I caused such envelope(s) to be prepared and picked up by Federal Express box at 1461 Ford Street Suite 201, Redlands, California, with delivery fees prepaid and 16 provided for, addressed to the person on whom said document is to be served. 17 [X] BY ELECTRONIC SERVICE: A copy of said document(s) was delivered by electronic transmission to the addressee(s) pursuant to C.C.P.1010.6(3) and/or C.R.C. Rule 2.251(a). 18 19 [X] (BY FACSIMILE) I caused said document(s), along with an unsigned copy of this Declaration, to be transmitted to a facsimile machine telephone number as last given by said counsel or party in 20 propria persona as noted above. 21 [X] FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Pursuant to L.R. 5-3.2.1 and 5-3.2.2 the undersigned 22 declares service has been affected by way of CM/ECF or via Mail service as indicated above. 23 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 Executed on April 22, 2024, at Redlands, California. 26 27 Carla Banuelos Carla Banuelos 28 -10- ANSWER TO COMPLAINT MAILING LIST 1 CASE NO.: 24CV00291 2 LeeAnn Morgan 3 1472 Lou Dillion Ln. Apt. 14 Santa Barbara, CA 93103 4 Leeann.morgan88@gmail.com 5 6 Tel: 805.884.0505 Fax: 888.844.4008 7 Pro Se 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11- ANSWER TO COMPLAINT