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JOSEPH A. WERNER, ESQ., SBN 278459
1 Joe@dw-llp.com
DENISON WERNER MACIAS TRAVIS, LLP
2 9100 Ming Ave., Suite 201
Bakersfield, CA 93311
3 Email service: service@dw-llp.com
Telephone: (661) 215-4980
4 Fax: (661) 215-4989
5 Attorney for Defendant ROBERT DAVID CLYDE
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8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
9 UNLIMITED CIVIL
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11 STEVEN L. GILFENBAIN, an individual CASE NO.: BCV-24-100805
Complaint Filed: 03/08/2024
12 Plaintiff, Trial Date: N/A
13 vs. ANSWER TO COMPLAINT
14 ROBERT DAVID CLYDE, an individual;
and DOES 1 to 10, inclusive,
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Defendants.
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17 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
18 COMES NOW, Defendant ROBERT DAVID CLYDE, an individual, appearing for himself and
19 no others, and answers the Complaint of Plaintiff on file herein as follows:
20 GENERAL DENIAL
21 Pursuant to C.C.P. § 431.30, this answering Defendant denies, generally and specifically, each and
22 every allegation contained in the Complaint, and further denies that he is obligated to the Plaintiff in the
23 manners or sum as therein alleged, or in any manners or sum whatsoever, or at all.
24 AFFIRMATIVE DEFENSES
25 I.
26 FAILURE TO STATE A CLAIM
27 Further, AS AND FOR A FIRST AFFIRMATIVE DEFENSE, this answering Defendant alleges
28 the Complaint, in its entirety, and each and every cause of action and claim for relief set forth therein,
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ANSWER TO COMPLAINT
1 fails to state facts sufficient to constitute a cause of action or right to relief.
2 II.
3 FAILURE TO MITIGATE
4 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause
5 of action, this answering Defendant alleges Plaintiff failed to mitigate damages, if any, so as to bar or
6 reduce recovery herein.
7 III.
8 ESTOPPEL
9 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause of
10 action, this answering Defendant alleges that Plaintiff has, by Plaintiff’s own conduct, statements or acts,
11 negligently, wrongfully, intentionally, and/or deliberately caused this answering Defendant to do the acts
12 of which said Plaintiff now complains and this answering Defendant alleges by reason of the conduct on
13 the part of Plaintiff, that Plaintiff should now be estopped or barred from seeking the relief which is
14 requested in the Complaint on file herein.
15 IV.
16 LACHES
17 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause
18 of action herein, this answering Defendant alleges Plaintiff has delayed an unreasonable period of time
19 in bringing this action, which delay has been prejudicial to Defendant, and Plaintiff in thus guilty of
20 laches so as to bar or reduce recovery herein.
21 V.
22 OFFSET
23 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause
24 of action herein, this answering Defendant alleges the claims asserted herein are subject to off-set and
25 or set-off, and the damages, if any, claimed by Plaintiff should be barred or reduced accordingly.
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ANSWER TO COMPLAINT
1 VI.
2 EXCUSE
3 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause
4 of action, this answering Defendant alleges that Plaintiff breached the agreement, if any, which forms
5 the basis of the Complaint, by reason of which Defendants have been excused from any duty they may
6 have had to perform or any obligations as set forth in the alleged agreements with Plaintiff.
7 VII.
8 CONSENT
9 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause
10 of action, this answering Defendant alleges Plaintiff consented to and approved all the acts and
11 omissions about which Plaintiff now complains and is accordingly barred from pursuing this action.
12 VIII.
13 COMPARATIVE FAULT
14 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause
15 of action, this answering Defendant alleges Plaintiff did not exercise ordinary care, caution, and
16 prudence in connection with the transactions and events alleged within the Complaint, and Plaintiff is
17 therefore barred entirely from recovery against Defendants, or alternatively, Plaintiff should have any
18 recovery proportionately reduced.
19 IX.
20 UNCLEAN HANDS
21 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause
22 of action, this answering Defendant alleges that Plaintiff’s claims, and each of them, are barred because
23 Plaintiff has unclean hands in connection with the matters alleged in the Complaint.
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ANSWER TO COMPLAINT
1 WHEREFORE, this answering Defendant prays for judgment in his favor, for costs of suit
2 incurred herein and for such other and further relief as the Court may deem proper.
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DATED: April 22, 2024 DENISON WERNER MACIAS TRAVIS, LLP
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6 By: /s/ Joseph Werner_____________
Joseph A. Werner
7 Attorneys for Defendant Robert David Clyde
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ANSWER TO COMPLAINT
1 PROOF OF SERVICE (C.C.P. §1013a, 2015.5)
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I am employed in the County of Kern, State of California. I am over the age of 18 and not a
3 party to the within action; my business address is 9100 Ming Ave, Suite 201, Bakersfield,
CA 93311.
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On April 22, 2024, I served the foregoing document, ANSWER TO COMPLAINT as
5 follows:
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Steven M. Goldberg
7 Tadeusz McMahon
MARKUN ZUSMAN & COMPTON LLP
8 16255 Ventur Blvd., Suite 910
Encino, CA 91436
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Ph: (310) 454-5900
10 sgoldberg@mzclaw.com
tmcmahon@mzclaw.com
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12 _X_ BY ELECTRONIC MAIL
13 I served the foregoing document electronically on the interested parties at the email
addressed listed in the attached service list, as specified in California Rule of Court,
14 Rule 2.251.
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Executed on April 22, 2024, at Bakersfield, California.
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17 X (State) I declare under penalty of perjury under the laws of the State of
California that the above is true and correct.
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19 /s/ Jodi Wanamaker ____
20 JODI WANAMAKER
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Preview
JOSEPH A. WERNER, ESQ., SBN 278459 1 Joe@dw-llp.com DENISON WERNER MACIAS TRAVIS, LLP 2 9100 Ming Ave., Suite 201 Bakersfield, CA 93311 3 Email service: service@dw-llp.com Telephone: (661) 215-4980 4 Fax: (661) 215-4989 5 Attorney for Defendant ROBERT DAVID CLYDE 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 9 UNLIMITED CIVIL 10 11 STEVEN L. GILFENBAIN, an individual CASE NO.: BCV-24-100805 Complaint Filed: 03/08/2024 12 Plaintiff, Trial Date: N/A 13 vs. ANSWER TO COMPLAINT 14 ROBERT DAVID CLYDE, an individual; and DOES 1 to 10, inclusive, 15 Defendants. 16 17 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 18 COMES NOW, Defendant ROBERT DAVID CLYDE, an individual, appearing for himself and 19 no others, and answers the Complaint of Plaintiff on file herein as follows: 20 GENERAL DENIAL 21 Pursuant to C.C.P. § 431.30, this answering Defendant denies, generally and specifically, each and 22 every allegation contained in the Complaint, and further denies that he is obligated to the Plaintiff in the 23 manners or sum as therein alleged, or in any manners or sum whatsoever, or at all. 24 AFFIRMATIVE DEFENSES 25 I. 26 FAILURE TO STATE A CLAIM 27 Further, AS AND FOR A FIRST AFFIRMATIVE DEFENSE, this answering Defendant alleges 28 the Complaint, in its entirety, and each and every cause of action and claim for relief set forth therein, 1 ANSWER TO COMPLAINT 1 fails to state facts sufficient to constitute a cause of action or right to relief. 2 II. 3 FAILURE TO MITIGATE 4 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause 5 of action, this answering Defendant alleges Plaintiff failed to mitigate damages, if any, so as to bar or 6 reduce recovery herein. 7 III. 8 ESTOPPEL 9 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause of 10 action, this answering Defendant alleges that Plaintiff has, by Plaintiff’s own conduct, statements or acts, 11 negligently, wrongfully, intentionally, and/or deliberately caused this answering Defendant to do the acts 12 of which said Plaintiff now complains and this answering Defendant alleges by reason of the conduct on 13 the part of Plaintiff, that Plaintiff should now be estopped or barred from seeking the relief which is 14 requested in the Complaint on file herein. 15 IV. 16 LACHES 17 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause 18 of action herein, this answering Defendant alleges Plaintiff has delayed an unreasonable period of time 19 in bringing this action, which delay has been prejudicial to Defendant, and Plaintiff in thus guilty of 20 laches so as to bar or reduce recovery herein. 21 V. 22 OFFSET 23 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause 24 of action herein, this answering Defendant alleges the claims asserted herein are subject to off-set and 25 or set-off, and the damages, if any, claimed by Plaintiff should be barred or reduced accordingly. 26 /// 27 /// 28 /// 2 ANSWER TO COMPLAINT 1 VI. 2 EXCUSE 3 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause 4 of action, this answering Defendant alleges that Plaintiff breached the agreement, if any, which forms 5 the basis of the Complaint, by reason of which Defendants have been excused from any duty they may 6 have had to perform or any obligations as set forth in the alleged agreements with Plaintiff. 7 VII. 8 CONSENT 9 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause 10 of action, this answering Defendant alleges Plaintiff consented to and approved all the acts and 11 omissions about which Plaintiff now complains and is accordingly barred from pursuing this action. 12 VIII. 13 COMPARATIVE FAULT 14 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause 15 of action, this answering Defendant alleges Plaintiff did not exercise ordinary care, caution, and 16 prudence in connection with the transactions and events alleged within the Complaint, and Plaintiff is 17 therefore barred entirely from recovery against Defendants, or alternatively, Plaintiff should have any 18 recovery proportionately reduced. 19 IX. 20 UNCLEAN HANDS 21 FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE to each and every alleged cause 22 of action, this answering Defendant alleges that Plaintiff’s claims, and each of them, are barred because 23 Plaintiff has unclean hands in connection with the matters alleged in the Complaint. 24 /// 25 /// 26 /// 27 /// 28 /// 3 ANSWER TO COMPLAINT 1 WHEREFORE, this answering Defendant prays for judgment in his favor, for costs of suit 2 incurred herein and for such other and further relief as the Court may deem proper. 3 DATED: April 22, 2024 DENISON WERNER MACIAS TRAVIS, LLP 4 5 6 By: /s/ Joseph Werner_____________ Joseph A. Werner 7 Attorneys for Defendant Robert David Clyde 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ANSWER TO COMPLAINT 1 PROOF OF SERVICE (C.C.P. §1013a, 2015.5) 2 I am employed in the County of Kern, State of California. I am over the age of 18 and not a 3 party to the within action; my business address is 9100 Ming Ave, Suite 201, Bakersfield, CA 93311. 4 On April 22, 2024, I served the foregoing document, ANSWER TO COMPLAINT as 5 follows: 6 Steven M. Goldberg 7 Tadeusz McMahon MARKUN ZUSMAN & COMPTON LLP 8 16255 Ventur Blvd., Suite 910 Encino, CA 91436 9 Ph: (310) 454-5900 10 sgoldberg@mzclaw.com tmcmahon@mzclaw.com 11 12 _X_ BY ELECTRONIC MAIL 13 I served the foregoing document electronically on the interested parties at the email addressed listed in the attached service list, as specified in California Rule of Court, 14 Rule 2.251. 15 Executed on April 22, 2024, at Bakersfield, California. 16 17 X (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 18 19 /s/ Jodi Wanamaker ____ 20 JODI WANAMAKER 21 22 23 24 25 26 1