Preview
Danyal Roodbari, Esq. (SBN: 302760)
Law Offices of Danyal Reodbari
5411 Long Beach Bivd.
Long Beach, CA 90805
Telephone: (562) 428-0550
Facsimile: (562) 428-1880
Attorney for Plaintiff / Cross-Defendant Javier Luna
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF KERN
10 JAVIER LUNA, } CASE NUMBER: BCV-23-102953
jl Plaintift(s), ) PLAINTIFE/CROSS-DEFENDANT
12 ) JAVIER LUNA’S GENERAL DENIAL
vs. ) OF DEFENDANT/CROSS-
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JR DESIGN GROUP LLC and DOES 1 TO COMPLAINANT JR DESIGN
14 50, Inclusive, GROUP LLC
45 Defendant(s).
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JR DESIGN GROUP, LLC,
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Cross-Complainant,
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YS.
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20 JAVIER LUNA; ROES 1 TO 10, inclusive, )
21 Cross-Defendants,
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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COMES NOW Plaintiff/Cross-Defendant Javier Luna (hereafter “Plaintiff/Cross-
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25 Defendant”) in response to Defendant/ Cross-Complainant JR DESIGN GROUP, LLC
26 (hereafter “ Defendant/ Cross-Complainant”) Unverified Cross-Complaint file herein and by
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virtue of the California Code of Civil Procedure Section 431.30, does hereby file his General
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Denial to said Unverified Cross-Complaint and to each Cause of Action thereof and answering
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PLAINTIFF/CROSS-DEFENDANT JAVLER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS.
COMPLAINANT'S CROSS-COMPLAINT
all of the allegations thereof, Plaintiff/Cross-Defendant denies each and all the allegations and
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2 || further denies Defendant/Cross-Complainant has been damaged by virtue of conduct of Plaintiff
3 / Cross-Defendant and or is Hable in any sum or whatsoever or at all.
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Plaintiff/Cross-Defendant states the following separate affirmative defenses to this
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Action.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE- AS TO RACH CAUSE OF ACTION
(failure to State a Cause of Action)
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As to each and every cause of action Defendant/ Cross-Complainant’s Cross-Complaint
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12 fails to state facts to constitute a cause of action.
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SECOND AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION
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(Failure to Mitigate)
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As to cach and every cause of action by the exexcise of reasonable effort, Defendant/
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18 Cross-Complainant could have mitigated the amount of damages alleging suffered, in any, but
19 Defendant/Cross-Complainant failed and refused, and continue to fail and refuse, to exercise
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reasonable efforts to mitigate their damages,
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THIRD AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION
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(Comparative Faw)
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24 As to each and every cause of action Defendant/ Cross-Complainant’s Cross-Complaint,
25 Plaintiff? Cross-Defendant alleges that damages suffered, if any, are a result of comparative fault
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of Defendant/ Cross-Comyplainant such that any disbursement from Plaintiff/Cross-Defendant is
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bated and/or must be adjusted and/or eliminated.
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PLAINTIFI/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS-
COMPLAINANT’S CROSS-COMPLAINT
FOURTH AFYIRMATIVE DEFENSE -AS To EACH CAUSE OF ACTION
(Unjust Enrichment)
As to each and every cause of action Defendant/ Cross-Complainant would be unjustly
entiched if they recovered any damages as alleged in their complaint.
FIETH AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION
(Assumption of Risk)
‘As to each and every cause of action Defendant/ Cross-Complainant’s Cross-Complaint,
this answering Plaintiff/Cross-Defendant alleges that in the taking the actions Defendant/ Cross-
Complainant alleged Plaintiff/ Cross-Defendant taken, Defendant/ Cross-Complainant assumed
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the risk of injury and that Plaintiff/Cross-Defendant is not responsible in law or fact for
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13 Defendant/ Cross-Complainant’s injury, if any.
14 SIXTH AFFIRMATIVE DEFENSE- AS TO EACH CAUSK OF ACTION
15 (Statute of Limitations)
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The Cross-Complaint and each and every purported cause of action contained therein is
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barred, in whole or in part, by reason of the applicable statute of limitations, including but not
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19 limited to, Code of Civil Procedure Sections 337, 338, 339, 340, and 343.
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SEVENTH AFFIRMATIVE DEFENSE - AS TO KACH CAUSE OF ACTION
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(Failure to take Precautions)
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Plaintiff/Cross-Defendant is informed and believes, and based thereon, alleges, that
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25 Defendant/ Cross-Complainant, and/or its predecessors in interest, are barred from recovery in
26 any amount sought by the Cross-Complaint because they assumed the risk that they would
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PLAINTIFE/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS-
COMPLAINANT’S CROSS-COMPLAINT
sustain the damages alleged in the Cross-Complaint by failing to take precautionary measures to
prevent these damages.
EIGHTH ATEIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION
(Equitable Indemnity)
As and for separate and affirmative defense to the Cross-Complaint, and to each
purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is
informed and believes and based thereon alleges: Any and all events, happenings, injuries and
damages set forth in the Cross-Complaint, if any, were proximately caused and contributed to by
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the acts and/or omissions of Defendant/Cross-Complainant, and such acts and/or omissions
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totally bar or reduce any xecovery on the part of the Defendant/Cross-Complainaat.
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13 NINTH AFFIRMATIVE DEFENSE ~ AS TO EACH CAUSE OF ACTION
14 (No Duty)
15 As and for a separate and affirmative defense to the Cross-Complaint, and to each
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purported cause of action contained therein, this answering Plaintiff/ Cross-Defenant is informed
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and believes and based thereon alleges: Any recovery on the Cross-Complaint, or any claim for
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19 relief averred therein, is barred to the extent this answering Plaintiff/Cross-Defendant owed no
20 duty to Defendant/Cross-Complainant.
21 TENTH AFFIRMATIVE DEFENSE — AS 'TO HACH CAUSE OF ACTION
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(No Causation)
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‘As and for a separate and affirmative defense to the Cross-Complaint, and to each
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25 purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is
26 informed and believes and based thereon alleges: To the extent Defendant/Cross-Complainant
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suffered damages, which Plaintiff/Cross-Defendant denies, such injury or damage was not
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PLAINTIFE/CROSS -DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEPENDANT/ CROSS-
COMPLAINANT'S CROSS-COMPLAINT
proximately caused by any conduct or inaction of this answering Plaintiff/Cross-Defendant, or
was not foreseeable, or both,
ELEVENTH AFFIRMATIVE DEFENSE ~ AS TO EACH CAUSE OF ACTION
(Alleged Injury or Damage Caused by Others)
As and for a separate and affirmative defense to the Cross-Conyplaint, and to each
purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is
informed and believes and based thereon alleges: To the extent Defendant/Cross-Complainant
suffered injury or damage, which Plaintiff/Cross-Defendant denies, such injury or damage was
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caused by the action or conduct of others, not this answering Plaintifi/Cross-Defendant.
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TWELFTH AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION
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13 (No vicarious or Agency Liability)
i4 As and for a separate and affirmative defense to the Cross-Complaint, Plaintiff/Cross-
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Defendant alleges that at no Lime or place set forth in the Cross-Complaint did any other
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Plaintiff/Cross-Defendant or third party porson alleged to be at fault operate as the agent or
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employee of Plaintiff/Cross-Defendant, such that Plaintiff/Cross-Defendant can be held
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19 vicariously liable for their acts. Should any other Plaintiff/Cross-Defendant or third party be
20 deemed to have any affiliation with this Plaintiff/Cross-Defendant, then such other
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Plaintiff/Cross-Defendant or third party was independently responsible for their own means and
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methods, Accordingly, the doctrines of respondeat superior and agency are inapplicable and this
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answering Plaintiff/Cross-Defendant has no vicarious liability for acts or omissions by said other
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25 Plaintiff/Cross-Defendant or third parties.
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PLAINTIFE/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS-
COMPLAINANT'S CROSS-COMPLAINT
THORTIETH AFFIRMATIVE DEFENSE — AS TO LACH CAUSE OF ACTION
(Lack Capacity to Sue)
As and for a separate and affirmative defense to the Cross-Complaint, and to each purported
cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and
believes and based thereon alleges: Defendant/Cross-Complainant lacks legal capacity to sue,
and is not the real party in interest, and is thus barred from any recovery against this answering
Plaintiff/Cross-Defendant.
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FOURTEENTH AFFIRMATIVE DEFENSE — AS TO EACH CAUSE OF ACTION
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(Unclean Hands)
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13 As and for a separate and affirmative defense to the Cross-Complaint, and to each purported
14 cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and
15 believes and based thereon alleges: Defendant/Cross-Complainant is precluded from recovery
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due to its conduct amounting to unclean hands with regards to the subject matter of this Cross-
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Complaint.
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19 FIFTEENTH AFFIRMATIVE DEFENSE — AS TO EACH CAUSE OF ACTION
20 (Laches)
21 As and for a separate and affirmative defense to the Cross-Complaint, and to each purported
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cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and
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believes and based thereon alleges: Defendant/Cross-Complainant delayed unreasonably in
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25 pursuing its claim and has caused severe prejudice to Plaintiff/Cross-Defendant, and as result,
26 Defendant/Cross-Complaint is barved from maintaining its action as to this answering
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Plaintiff/Cross-Defendant.
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PLAINTIFF/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS-
COMPLAINANT'S CROSS-COMPLAINT
SIXTEENTH AFFIRMATIVE DETENSE — AS TO EACH CAUSE OF ACTION
(Statute of Frauds)
As and for a separate and affitmative defense to the Cross-Complaint, and fo each purported
cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and
believes and based thereon alleges: Defendant/Cross-Complainant is barred from recovery of any
amount or relief sought in the Cross-Complaint by virtue of the Statute of Frauds.
SEVENTEENTH AFFIRMATIVE DEFENSE - AS TO HACH CAUSE OF ACTION
(Estoppel)
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As and for a separate and affirmative defense to the Cross-Complaint, and to each purported
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cause of action contained therein, this answering Plaintiff/Cxoss-Defendant is informed and
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13 believes and based thereon alleges: Defendant/Cross-Complainant is estopped from entitlement
14 to any recovery, if any, by reason of acts and omissions of Defendant/Cross-Complainant.
15 EIGHTEENTH AFTIRMATIVE DEFENSE - AS TO EACH CAUSE OF ACTION
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(Waiver)
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As and for a separate and affirmative defense to the Cross-Complaint, and to each purported
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19 cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and
20 believes and based thereon alleges: Defendant/Cross-Complainant has waived its rights, if any,
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to pursue the Cross-Complaint and each purported cause of action contained therein, by reason
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of its own actions, by agreement, or course of conduct.
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PLAINTIFEYCROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS-
COMPLAINANT'S CROSS-COMPLAINT
NINETEENTH AFFIRMATIVE DEFENE — AS TO EACH CAUSE OF ACTION
(Breach of Contract)
As and for a separate and affirmative defense to the Cross-Complaint, and to each purported
cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and
believes and based thereon alleges: Defendant/Cross-Complainant is barred from recovery
because Defendant/Cross-Complainant initially breach the contract which is the subject matter of
the Cross- Complaint,
TWENTIETH AFFIRMATIVE DEFENSE - AS TO EACH CAUSE OF ACTION
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(Reservation of Right to Assert o Delete Affirmative Defenses)
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As to each and every cause of actionDefendant/Cross-Complainant’s Cross-complaint, this
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13 answering Plaintiff/Cross-Defendant alleges he did not knowingly or intentionally waived any
14 applicable affirmative defenses and reserves the right to assert and rely on such other applicable
15 afficmative defenses as may come available or apparent during discovery proceedings and further
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reserve the right to amend this answer and defenses accordingly and delete defenses if
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determined are not applicable during the course of discovery and other proceedings in this case,
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20 Wherefore, as to Plaintiff/Cross-Complainant pray for.
Ai 1. That Defendant/Cross-Complainant take nothing by way of its Cross-Complaint.
22 2, That Defendant/Cross-Complainant be awarded Attorney’s fees and Cost that is
allowable in this Action,
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3 Or such other and further relief that is Just & Proper.
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PLAINTIFF/C ROSS-DEFEND ANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS-
COMPLAINANT'S CROSS-COMPLAINT
Date: March 29, 2024 Respectfully Submitted,
Law Office of Vincent J. Quigg
fanyal Roodbari, Esq.
Attorney for Plaintiff/Cross-Defendant
Javier Luna
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PLAINTIFF/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS-
COMPLAINANT'S CROSS-COMPLAINT
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
Iam employed in the County of Long Beach, State of California, I am over the age of 18
and not a party to the within action; my business address is: 5411 Long Beach Blvd. Long
Beach, California 90805.
On 04/24/2024 the foregoing document were served: Plaintiff /Cross-Defendant Javier Luna’s
General Denial of Defendant Cross-Complainant JR Design Group LLC
Tam "readily familiar" with this firm's practice of collection and processing
correspondence for mailing. It is deposited with the United States Postal Service on that
same day in the ordinary course of business. I am aware that on motion of parties served,
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service is presumed invalid if postal cancellation date or postage meter date is more than
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one day after date of deposit for mailing in affidavit. [CCP §1013a]
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METHOD OF SERVICE
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Oo BY MAIL: I caused such envelopes with express mail overnight postage thereon fully
14 prepaid, to be placed in the United States mail at Long Beach, California.
15 oO BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
offices of the addressees as listed on the service list.
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BY OVERNIGHT MAIL: | arranged for such envelope to be delivered via Federal
17 Express-Priority Overnight to:
18 BY FACSIMILE: In addition to regular mail, I sent this document via facsimile to the
numbers as listed on the following service list and pursuant to CCP §1013(e). Such
19 transmissions were complete with no errors reported.
20 BY ELECTRONIC SERVICE: Pursuant to CCP §1010.6(C)(2) and California Rules of
Court, Rule 2.250, I also caused such documents to be served electronically at the e-mail
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addresses stated on the attached service list. Such e-mail transmissions were complete
22 with no errors reported.
23 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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Executed on April 24, 2024 at Long Beach, California.
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FERNANDO PARDO
SERVICE LIST
Javier Luna vs. JR Design Group, LLC, et al.
Case No.: BCV-23-102953
Joseph A. Werner, Esq.
DENISON WERNER LLP
4200 Truxtun Avenue, Suite 101
Bakersfield, CA 93309
Tel.: 661-215-4980
Fax: 661-215-4989
Email: Joe@dw-iip.com
service@dw-Ilp.com
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Preview
Danyal Roodbari, Esq. (SBN: 302760) Law Offices of Danyal Reodbari 5411 Long Beach Bivd. Long Beach, CA 90805 Telephone: (562) 428-0550 Facsimile: (562) 428-1880 Attorney for Plaintiff / Cross-Defendant Javier Luna SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF KERN 10 JAVIER LUNA, } CASE NUMBER: BCV-23-102953 jl Plaintift(s), ) PLAINTIFE/CROSS-DEFENDANT 12 ) JAVIER LUNA’S GENERAL DENIAL vs. ) OF DEFENDANT/CROSS- 13 JR DESIGN GROUP LLC and DOES 1 TO COMPLAINANT JR DESIGN 14 50, Inclusive, GROUP LLC 45 Defendant(s). 16 JR DESIGN GROUP, LLC, 17 Cross-Complainant, 18 YS. 19 20 JAVIER LUNA; ROES 1 TO 10, inclusive, ) 21 Cross-Defendants, 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 COMES NOW Plaintiff/Cross-Defendant Javier Luna (hereafter “Plaintiff/Cross- 24 25 Defendant”) in response to Defendant/ Cross-Complainant JR DESIGN GROUP, LLC 26 (hereafter “ Defendant/ Cross-Complainant”) Unverified Cross-Complaint file herein and by 27 virtue of the California Code of Civil Procedure Section 431.30, does hereby file his General 28 Denial to said Unverified Cross-Complaint and to each Cause of Action thereof and answering 4 PLAINTIFF/CROSS-DEFENDANT JAVLER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS. COMPLAINANT'S CROSS-COMPLAINT all of the allegations thereof, Plaintiff/Cross-Defendant denies each and all the allegations and 1 2 || further denies Defendant/Cross-Complainant has been damaged by virtue of conduct of Plaintiff 3 / Cross-Defendant and or is Hable in any sum or whatsoever or at all. 4 Plaintiff/Cross-Defendant states the following separate affirmative defenses to this 5 Action. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE- AS TO RACH CAUSE OF ACTION (failure to State a Cause of Action) 10 As to each and every cause of action Defendant/ Cross-Complainant’s Cross-Complaint li 12 fails to state facts to constitute a cause of action. 13 14 SECOND AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION 15 (Failure to Mitigate) 16 As to cach and every cause of action by the exexcise of reasonable effort, Defendant/ 17 18 Cross-Complainant could have mitigated the amount of damages alleging suffered, in any, but 19 Defendant/Cross-Complainant failed and refused, and continue to fail and refuse, to exercise 2 reasonable efforts to mitigate their damages, 24 THIRD AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION 22 (Comparative Faw) 23 24 As to each and every cause of action Defendant/ Cross-Complainant’s Cross-Complaint, 25 Plaintiff? Cross-Defendant alleges that damages suffered, if any, are a result of comparative fault 2 of Defendant/ Cross-Comyplainant such that any disbursement from Plaintiff/Cross-Defendant is 27 bated and/or must be adjusted and/or eliminated. 2 PLAINTIFI/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS- COMPLAINANT’S CROSS-COMPLAINT FOURTH AFYIRMATIVE DEFENSE -AS To EACH CAUSE OF ACTION (Unjust Enrichment) As to each and every cause of action Defendant/ Cross-Complainant would be unjustly entiched if they recovered any damages as alleged in their complaint. FIETH AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION (Assumption of Risk) ‘As to each and every cause of action Defendant/ Cross-Complainant’s Cross-Complaint, this answering Plaintiff/Cross-Defendant alleges that in the taking the actions Defendant/ Cross- Complainant alleged Plaintiff/ Cross-Defendant taken, Defendant/ Cross-Complainant assumed 1 the risk of injury and that Plaintiff/Cross-Defendant is not responsible in law or fact for 12 13 Defendant/ Cross-Complainant’s injury, if any. 14 SIXTH AFFIRMATIVE DEFENSE- AS TO EACH CAUSK OF ACTION 15 (Statute of Limitations) 16 The Cross-Complaint and each and every purported cause of action contained therein is 17 barred, in whole or in part, by reason of the applicable statute of limitations, including but not 18 19 limited to, Code of Civil Procedure Sections 337, 338, 339, 340, and 343. 20 2 SEVENTH AFFIRMATIVE DEFENSE - AS TO KACH CAUSE OF ACTION 22 (Failure to take Precautions) 23 Plaintiff/Cross-Defendant is informed and believes, and based thereon, alleges, that 24 25 Defendant/ Cross-Complainant, and/or its predecessors in interest, are barred from recovery in 26 any amount sought by the Cross-Complaint because they assumed the risk that they would 27 28 3 PLAINTIFE/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS- COMPLAINANT’S CROSS-COMPLAINT sustain the damages alleged in the Cross-Complaint by failing to take precautionary measures to prevent these damages. EIGHTH ATEIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION (Equitable Indemnity) As and for separate and affirmative defense to the Cross-Complaint, and to each purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and believes and based thereon alleges: Any and all events, happenings, injuries and damages set forth in the Cross-Complaint, if any, were proximately caused and contributed to by 10 the acts and/or omissions of Defendant/Cross-Complainant, and such acts and/or omissions i totally bar or reduce any xecovery on the part of the Defendant/Cross-Complainaat. 12 13 NINTH AFFIRMATIVE DEFENSE ~ AS TO EACH CAUSE OF ACTION 14 (No Duty) 15 As and for a separate and affirmative defense to the Cross-Complaint, and to each 16 purported cause of action contained therein, this answering Plaintiff/ Cross-Defenant is informed 17 and believes and based thereon alleges: Any recovery on the Cross-Complaint, or any claim for 18 19 relief averred therein, is barred to the extent this answering Plaintiff/Cross-Defendant owed no 20 duty to Defendant/Cross-Complainant. 21 TENTH AFFIRMATIVE DEFENSE — AS 'TO HACH CAUSE OF ACTION 22 (No Causation) 23 ‘As and for a separate and affirmative defense to the Cross-Complaint, and to each 24 25 purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is 26 informed and believes and based thereon alleges: To the extent Defendant/Cross-Complainant 27 suffered damages, which Plaintiff/Cross-Defendant denies, such injury or damage was not 28 4 PLAINTIFE/CROSS -DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEPENDANT/ CROSS- COMPLAINANT'S CROSS-COMPLAINT proximately caused by any conduct or inaction of this answering Plaintiff/Cross-Defendant, or was not foreseeable, or both, ELEVENTH AFFIRMATIVE DEFENSE ~ AS TO EACH CAUSE OF ACTION (Alleged Injury or Damage Caused by Others) As and for a separate and affirmative defense to the Cross-Conyplaint, and to each purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and believes and based thereon alleges: To the extent Defendant/Cross-Complainant suffered injury or damage, which Plaintiff/Cross-Defendant denies, such injury or damage was 10 caused by the action or conduct of others, not this answering Plaintifi/Cross-Defendant. ii TWELFTH AFFIRMATIVE DEFENSE- AS TO EACH CAUSE OF ACTION 12 13 (No vicarious or Agency Liability) i4 As and for a separate and affirmative defense to the Cross-Complaint, Plaintiff/Cross- 1S Defendant alleges that at no Lime or place set forth in the Cross-Complaint did any other 16 Plaintiff/Cross-Defendant or third party porson alleged to be at fault operate as the agent or 17 employee of Plaintiff/Cross-Defendant, such that Plaintiff/Cross-Defendant can be held 18 19 vicariously liable for their acts. Should any other Plaintiff/Cross-Defendant or third party be 20 deemed to have any affiliation with this Plaintiff/Cross-Defendant, then such other 24 Plaintiff/Cross-Defendant or third party was independently responsible for their own means and 22 methods, Accordingly, the doctrines of respondeat superior and agency are inapplicable and this 23 answering Plaintiff/Cross-Defendant has no vicarious liability for acts or omissions by said other 24 25 Plaintiff/Cross-Defendant or third parties. 26 27 28 PLAINTIFE/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS- COMPLAINANT'S CROSS-COMPLAINT THORTIETH AFFIRMATIVE DEFENSE — AS TO LACH CAUSE OF ACTION (Lack Capacity to Sue) As and for a separate and affirmative defense to the Cross-Complaint, and to each purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and believes and based thereon alleges: Defendant/Cross-Complainant lacks legal capacity to sue, and is not the real party in interest, and is thus barred from any recovery against this answering Plaintiff/Cross-Defendant. 10 FOURTEENTH AFFIRMATIVE DEFENSE — AS TO EACH CAUSE OF ACTION 1 (Unclean Hands) 12 13 As and for a separate and affirmative defense to the Cross-Complaint, and to each purported 14 cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and 15 believes and based thereon alleges: Defendant/Cross-Complainant is precluded from recovery 16 due to its conduct amounting to unclean hands with regards to the subject matter of this Cross- 17 Complaint. 18 19 FIFTEENTH AFFIRMATIVE DEFENSE — AS TO EACH CAUSE OF ACTION 20 (Laches) 21 As and for a separate and affirmative defense to the Cross-Complaint, and to each purported 22 cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and 23 believes and based thereon alleges: Defendant/Cross-Complainant delayed unreasonably in 24 25 pursuing its claim and has caused severe prejudice to Plaintiff/Cross-Defendant, and as result, 26 Defendant/Cross-Complaint is barved from maintaining its action as to this answering 27 Plaintiff/Cross-Defendant. 28 6 PLAINTIFF/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS- COMPLAINANT'S CROSS-COMPLAINT SIXTEENTH AFFIRMATIVE DETENSE — AS TO EACH CAUSE OF ACTION (Statute of Frauds) As and for a separate and affitmative defense to the Cross-Complaint, and fo each purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and believes and based thereon alleges: Defendant/Cross-Complainant is barred from recovery of any amount or relief sought in the Cross-Complaint by virtue of the Statute of Frauds. SEVENTEENTH AFFIRMATIVE DEFENSE - AS TO HACH CAUSE OF ACTION (Estoppel) 10 As and for a separate and affirmative defense to the Cross-Complaint, and to each purported lt cause of action contained therein, this answering Plaintiff/Cxoss-Defendant is informed and 12 13 believes and based thereon alleges: Defendant/Cross-Complainant is estopped from entitlement 14 to any recovery, if any, by reason of acts and omissions of Defendant/Cross-Complainant. 15 EIGHTEENTH AFTIRMATIVE DEFENSE - AS TO EACH CAUSE OF ACTION 16 (Waiver) 7 As and for a separate and affirmative defense to the Cross-Complaint, and to each purported 18 19 cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and 20 believes and based thereon alleges: Defendant/Cross-Complainant has waived its rights, if any, 21 to pursue the Cross-Complaint and each purported cause of action contained therein, by reason 22 of its own actions, by agreement, or course of conduct. 23 24 iy 25 Wt i 26 Mt 27 MW 28 4 PLAINTIFEYCROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS- COMPLAINANT'S CROSS-COMPLAINT NINETEENTH AFFIRMATIVE DEFENE — AS TO EACH CAUSE OF ACTION (Breach of Contract) As and for a separate and affirmative defense to the Cross-Complaint, and to each purported cause of action contained therein, this answering Plaintiff/Cross-Defendant is informed and believes and based thereon alleges: Defendant/Cross-Complainant is barred from recovery because Defendant/Cross-Complainant initially breach the contract which is the subject matter of the Cross- Complaint, TWENTIETH AFFIRMATIVE DEFENSE - AS TO EACH CAUSE OF ACTION 10 (Reservation of Right to Assert o Delete Affirmative Defenses) i As to each and every cause of actionDefendant/Cross-Complainant’s Cross-complaint, this 12 13 answering Plaintiff/Cross-Defendant alleges he did not knowingly or intentionally waived any 14 applicable affirmative defenses and reserves the right to assert and rely on such other applicable 15 afficmative defenses as may come available or apparent during discovery proceedings and further 16 reserve the right to amend this answer and defenses accordingly and delete defenses if 17 determined are not applicable during the course of discovery and other proceedings in this case, 18 19 20 Wherefore, as to Plaintiff/Cross-Complainant pray for. Ai 1. That Defendant/Cross-Complainant take nothing by way of its Cross-Complaint. 22 2, That Defendant/Cross-Complainant be awarded Attorney’s fees and Cost that is allowable in this Action, 23 3 Or such other and further relief that is Just & Proper. 24 25 uf 26 Mt 27 28 Mt 8. PLAINTIFF/C ROSS-DEFEND ANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS- COMPLAINANT'S CROSS-COMPLAINT Date: March 29, 2024 Respectfully Submitted, Law Office of Vincent J. Quigg fanyal Roodbari, Esq. Attorney for Plaintiff/Cross-Defendant Javier Luna 10 li 12 13 14 15 16 17 18 19 20 24 22 23 24 25 26 27 28 9 PLAINTIFF/CROSS-DEFENDANT JAVIER LUNA’S GENERAL DENIAL OF DEFENDANT/ CROSS- COMPLAINANT'S CROSS-COMPLAINT PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Iam employed in the County of Long Beach, State of California, I am over the age of 18 and not a party to the within action; my business address is: 5411 Long Beach Blvd. Long Beach, California 90805. On 04/24/2024 the foregoing document were served: Plaintiff /Cross-Defendant Javier Luna’s General Denial of Defendant Cross-Complainant JR Design Group LLC Tam "readily familiar" with this firm's practice of collection and processing correspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. I am aware that on motion of parties served, 10 service is presumed invalid if postal cancellation date or postage meter date is more than 11 one day after date of deposit for mailing in affidavit. [CCP §1013a] 12 METHOD OF SERVICE 13 Oo BY MAIL: I caused such envelopes with express mail overnight postage thereon fully 14 prepaid, to be placed in the United States mail at Long Beach, California. 15 oO BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of the addressees as listed on the service list. 16 BY OVERNIGHT MAIL: | arranged for such envelope to be delivered via Federal 17 Express-Priority Overnight to: 18 BY FACSIMILE: In addition to regular mail, I sent this document via facsimile to the numbers as listed on the following service list and pursuant to CCP §1013(e). Such 19 transmissions were complete with no errors reported. 20 BY ELECTRONIC SERVICE: Pursuant to CCP §1010.6(C)(2) and California Rules of Court, Rule 2.250, I also caused such documents to be served electronically at the e-mail 21 addresses stated on the attached service list. Such e-mail transmissions were complete 22 with no errors reported. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 24 Executed on April 24, 2024 at Long Beach, California. 25 26 27 28 Wo FERNANDO PARDO SERVICE LIST Javier Luna vs. JR Design Group, LLC, et al. Case No.: BCV-23-102953 Joseph A. Werner, Esq. DENISON WERNER LLP 4200 Truxtun Avenue, Suite 101 Bakersfield, CA 93309 Tel.: 661-215-4980 Fax: 661-215-4989 Email: Joe@dw-iip.com service@dw-Ilp.com 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e