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1 LAW OFFICES OF JOHNSON, ALVAREZ, ZAKARIAN & FERRARIS
MAILING ADDRESS:
2 330 N. Brand Blvd., Suite 900
Glendale, CA 91203-2340
3 Electronic Address: SanJoseLegal@allstate.com 4/19/2024
Telephone: (408) 476-8576
4 By: ADELE GOLD
State Bar No. 300144
5 Our File No. 0682621586.1-
6 Attorneys for Defendant(s):
ABNER PEREZ
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO - UNLIMITED CIVIL JURISDICTION
10
11 CHERISE ESSER, an individual; CASE NO. 23-CIV-05511
ALAN CAICEDO, an individual,
12 ANSWER TO COMPLAINT
Plaintiffs,
13
vs.
14
ABNER PEREZ, an individual, and
15 DOES 1 through 100, Inclusive,
16 Defendants.
17 Defendant, ABNER PEREZ, allege as follows:
18 1. Each Defendant, answering all the paragraphs in the unverified Complaint herein
19 and by virtue of the provisions of the California Code of Civil Procedure Section 431.30, now
20 generally denies each and every allegation therein contained and the whole thereof.
21 FIRST AFFIRMATIVE DEFENSE
22 2. That the Complaint and each and every cause of action stated therein is barred by
23 California Code of Civil Procedure Section 335.1.
24 SECOND AFFIRMATIVE DEFENSE
25 3. That each and every Plaintiff has failed to state facts sufficient to constitute a
26 cause of action against any answering party herein.
27 THIRD AFFIRMATIVE DEFENSE
28 4. That at the alleged time and place in question, each and every Plaintiff so
1
ANSWER TO COMPLAINT
1 negligently and carelessly acted as to proximately cause and contribute to the happening of the
2 accident complained of, and whatever injury or damage, if any, each and every Plaintiff claims to
3 have sustained therefrom.
4 FOURTH AFFIRMATIVE DEFENSE
5 5. That if any Plaintiff sustained any injuries and/or damages as a result of the
6 accident complained of herein, then such Plaintiff proximately caused, aggravated and/or failed
7 to take proper action to mitigate and/or reduce any such injuries and/or damages.
8 FIFTH AFFIRMATIVE DEFENSE
9 6. That each Defendant’s liability, if any, for any Plaintiff’s non-economic damages,
10 is limited to each Defendant’s proportionate share of fault in accordance with California Civil
11 Code Section 1431.2.
12 SIXTH AFFIRMATIVE DEFENSE
13 7. That if it should be found that any answering party herein is in any manner legally
14 responsible for injuries or damages sustained by any Plaintiff, such injuries or damages were
15 proximately caused or contributed to by others, whether made parties to this action or not, and
16 any judgment that might be rendered against any answering party herein shall be reduced by that
17 degree of contributory negligence.
18 SEVENTH AFFIRMATIVE DEFENSE
19 8. That if any Plaintiff sustained any injury or damage as alleged, each Defendant is
20 informed and believes that, by virtue of the nature of each Plaintiff’s activities, each Plaintiff had
21 actual knowledge of the risk of harm causing the injury or damage alleged and assumed the risk
22 of that harm by their participation. Any recovery by any Plaintiff is therefore barred on the
23 grounds that each Defendant owed no legal duty to protect each Plaintiff from harm.
24 EIGHTH AFFIRMATIVE DEFENSE
25 9. That each Defendant is informed and believes and thereon alleges that at all
26 relevant times each Plaintiff is barred from recovering non-economic damages pursuant to
27 California Civil Code Sections 3333.3 and 3333.4 and California Vehicle Code Sections
28 16020(a), 23152, and 23153.
2
ANSWER TO COMPLAINT
1 NINTH AFFIRMATIVE DEFENSE
2 10. That each Defendant alleges, on information and belief, that the injuries and
3 damages complained of were the substantial legal result, in whole or in part, of each Plaintiff’s
4 failure to wear and/or properly use an available seat belt, shoulder harness, or other passive
5 restraint system, and any recovery against each answering Defendant should, to that extent, be
6 reduced or barred entirely.
7 TENTH AFFIRMATIVE DEFENSE
8 11. Defendant’(s) liability is limited pursuant to California Vehicle Code section
9 17151.
10 ELEVENTH AFFIRMATIVE DEFENSE
11 12. Defendant’(s) was not negligent because there was a sudden an unexpected
12 emergency situation in which someone was in actual or apparent danger of immediate injury,
13 Defendant(s) did not cause the emergency, and Defendant acted as a reasonably careful person
14 would have acted in similar circumstances.
15 WHEREFORE, each Defendant prays that each Plaintiff take nothing by reason of the
16 Complaint and that each Defendant be given judgment for costs of suit incurred herein and for
17 such other and further relief as the Court may deem just and proper.
18 DATED: April 19, 2024 LAW OFFICES OF JOHNSON, ALVAREZ,
19 ZAKARIAN & FERRARIS
20
21
22 By:
ADELE GOLD
23 Attorney for Defendant
ABNER PEREZ
24
25
26
27
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ANSWER TO COMPLAINT
1 PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California, am a resident of the
3 County of Santa Clara, State of California, am over the age of 18 years, and not a party to the
4 within action. My business address is MAILING ADDRESS: 330 N. Brand Blvd., Suite 900,
5 Glendale, California 91203-2340.
6 On April 19, 2024, following ordinary business practice, I served the within ANSWER
7 TO COMPLAINT on the party or parties named on the attached service list, by serving the
8 original or a true and correct copy addressed as follows via the method indicated below:
9
Corey A. Hall, Esq.
10 Neil Bhartia, Esq.
ACCIDENT PROS, LLP
11 523 N. Fairview Street
Santa Ana, CA 92703
12 Email: corey@hlgjustice.com; neil@@hlgjustice.com
Attorney for Plaintiffs
13
14
( ) BY ELECTRONIC MAIL: I caused such document to be sent via electronic mail to each
15 person so noted with an email address as required by CCP.
16 I declare under penalty of perjury under the laws of the State of California that the
17 foregoing Proof of Service is true and correct and that this declaration was executed on April 19,
18 2024, at San Jose, California.
19
20
21 By:
Alice Shore
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ANSWER TO COMPLAINT
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1 LAW OFFICES OF JOHNSON, ALVAREZ, ZAKARIAN & FERRARIS MAILING ADDRESS: 2 330 N. Brand Blvd., Suite 900 Glendale, CA 91203-2340 3 Electronic Address: SanJoseLegal@allstate.com 4/19/2024 Telephone: (408) 476-8576 4 By: ADELE GOLD State Bar No. 300144 5 Our File No. 0682621586.1- 6 Attorneys for Defendant(s): ABNER PEREZ 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO - UNLIMITED CIVIL JURISDICTION 10 11 CHERISE ESSER, an individual; CASE NO. 23-CIV-05511 ALAN CAICEDO, an individual, 12 ANSWER TO COMPLAINT Plaintiffs, 13 vs. 14 ABNER PEREZ, an individual, and 15 DOES 1 through 100, Inclusive, 16 Defendants. 17 Defendant, ABNER PEREZ, allege as follows: 18 1. Each Defendant, answering all the paragraphs in the unverified Complaint herein 19 and by virtue of the provisions of the California Code of Civil Procedure Section 431.30, now 20 generally denies each and every allegation therein contained and the whole thereof. 21 FIRST AFFIRMATIVE DEFENSE 22 2. That the Complaint and each and every cause of action stated therein is barred by 23 California Code of Civil Procedure Section 335.1. 24 SECOND AFFIRMATIVE DEFENSE 25 3. That each and every Plaintiff has failed to state facts sufficient to constitute a 26 cause of action against any answering party herein. 27 THIRD AFFIRMATIVE DEFENSE 28 4. That at the alleged time and place in question, each and every Plaintiff so 1 ANSWER TO COMPLAINT 1 negligently and carelessly acted as to proximately cause and contribute to the happening of the 2 accident complained of, and whatever injury or damage, if any, each and every Plaintiff claims to 3 have sustained therefrom. 4 FOURTH AFFIRMATIVE DEFENSE 5 5. That if any Plaintiff sustained any injuries and/or damages as a result of the 6 accident complained of herein, then such Plaintiff proximately caused, aggravated and/or failed 7 to take proper action to mitigate and/or reduce any such injuries and/or damages. 8 FIFTH AFFIRMATIVE DEFENSE 9 6. That each Defendant’s liability, if any, for any Plaintiff’s non-economic damages, 10 is limited to each Defendant’s proportionate share of fault in accordance with California Civil 11 Code Section 1431.2. 12 SIXTH AFFIRMATIVE DEFENSE 13 7. That if it should be found that any answering party herein is in any manner legally 14 responsible for injuries or damages sustained by any Plaintiff, such injuries or damages were 15 proximately caused or contributed to by others, whether made parties to this action or not, and 16 any judgment that might be rendered against any answering party herein shall be reduced by that 17 degree of contributory negligence. 18 SEVENTH AFFIRMATIVE DEFENSE 19 8. That if any Plaintiff sustained any injury or damage as alleged, each Defendant is 20 informed and believes that, by virtue of the nature of each Plaintiff’s activities, each Plaintiff had 21 actual knowledge of the risk of harm causing the injury or damage alleged and assumed the risk 22 of that harm by their participation. Any recovery by any Plaintiff is therefore barred on the 23 grounds that each Defendant owed no legal duty to protect each Plaintiff from harm. 24 EIGHTH AFFIRMATIVE DEFENSE 25 9. That each Defendant is informed and believes and thereon alleges that at all 26 relevant times each Plaintiff is barred from recovering non-economic damages pursuant to 27 California Civil Code Sections 3333.3 and 3333.4 and California Vehicle Code Sections 28 16020(a), 23152, and 23153. 2 ANSWER TO COMPLAINT 1 NINTH AFFIRMATIVE DEFENSE 2 10. That each Defendant alleges, on information and belief, that the injuries and 3 damages complained of were the substantial legal result, in whole or in part, of each Plaintiff’s 4 failure to wear and/or properly use an available seat belt, shoulder harness, or other passive 5 restraint system, and any recovery against each answering Defendant should, to that extent, be 6 reduced or barred entirely. 7 TENTH AFFIRMATIVE DEFENSE 8 11. Defendant’(s) liability is limited pursuant to California Vehicle Code section 9 17151. 10 ELEVENTH AFFIRMATIVE DEFENSE 11 12. Defendant’(s) was not negligent because there was a sudden an unexpected 12 emergency situation in which someone was in actual or apparent danger of immediate injury, 13 Defendant(s) did not cause the emergency, and Defendant acted as a reasonably careful person 14 would have acted in similar circumstances. 15 WHEREFORE, each Defendant prays that each Plaintiff take nothing by reason of the 16 Complaint and that each Defendant be given judgment for costs of suit incurred herein and for 17 such other and further relief as the Court may deem just and proper. 18 DATED: April 19, 2024 LAW OFFICES OF JOHNSON, ALVAREZ, 19 ZAKARIAN & FERRARIS 20 21 22 By: ADELE GOLD 23 Attorney for Defendant ABNER PEREZ 24 25 26 27 28 3 ANSWER TO COMPLAINT 1 PROOF OF SERVICE 2 I am employed in the County of Los Angeles, State of California, am a resident of the 3 County of Santa Clara, State of California, am over the age of 18 years, and not a party to the 4 within action. My business address is MAILING ADDRESS: 330 N. Brand Blvd., Suite 900, 5 Glendale, California 91203-2340. 6 On April 19, 2024, following ordinary business practice, I served the within ANSWER 7 TO COMPLAINT on the party or parties named on the attached service list, by serving the 8 original or a true and correct copy addressed as follows via the method indicated below: 9 Corey A. Hall, Esq. 10 Neil Bhartia, Esq. ACCIDENT PROS, LLP 11 523 N. Fairview Street Santa Ana, CA 92703 12 Email: corey@hlgjustice.com; neil@@hlgjustice.com Attorney for Plaintiffs 13 14 ( ) BY ELECTRONIC MAIL: I caused such document to be sent via electronic mail to each 15 person so noted with an email address as required by CCP. 16 I declare under penalty of perjury under the laws of the State of California that the 17 foregoing Proof of Service is true and correct and that this declaration was executed on April 19, 18 2024, at San Jose, California. 19 20 21 By: Alice Shore 22 23 24 25 26 27 28 4 ANSWER TO COMPLAINT