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1 SEYFARTH SHAW LLP
Myra Villamor (SBN 232912)
2 mvillamor@seyfarth.com
2029 Century Park East, Suite 3500
3 Los Angeles, California 90067-3021
Telephone: (310) 277-7200
4 Facsimile: (310) 201-5219
5 Attorneys for Defendant
QUARTZ HILL STATION LLC
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF LOS ANGELES
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11 DAVID GREENSTEIN, Case No. 24AVCV00148
12 Plaintiff, UNLIMITED JURISDICTION
13 v. DEFENDANT’S VERIFIED ANSWER TO
PLAINTIFF’S VERIFIED COMPLAINT
14 QUARTZ HILL STATION, LLC; DOES 1
THROUGH 25,
15 Complaint Filed: February 6, 2024
Defendants.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 Defendant Quartz Hill Station LLC (“Defendant”), answers the verified Complaint of Plaintiff
2 David Greenstein (“Plaintiff”) as follows:
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4 1. The true names and capacities of the fictitiously named defendants are presently unknown to
5 plaintiff. When such information is obtained, plaintiff will seek leave of this court to insert it.
6 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in
7 paragraph 1 of the Complaint and therefore denies the same.
8 2. Defendant Quartz Hill Station, is a Delaware corporation, registered and authorized to do
9 business within the state of California
10 ANSWER: Defendant denies that it is a Delaware corporation registered and authorized to do business
11 within the state of California, but admits that it is a Delaware limited liability company authorized to
12 conduct business within the state of California. Defendant denies all remaining allegations in
13 paragraph 2.
14 3. Defendants and each of them, own, operate, manage and maintain a plot of land in Lancaster
15 California, with the designation of Quartz Hill Town Center, which land contains a "Strip Mall"
16 consisting of various retail stores, including restaurants and other businesses, certain of which are
17 covered by the Americans with Disabilities Act, (hereinafter ADA) as well as the California Unruh Civil
18 Rights Act (hereinafter Unruh). The Unruh Act provides that any violation of the ADA shall be deemed
19 a violation of the Unruh Act.
20 ANSWER: Defendant admits that it currently owns property in Lancaster, California, which is operated
21 as “Quartz Hill Towne Center” (the “Property”) and which is a shopping center containing retail tenants.
22 Defendant further admits that the Property is subject to the ADA and Unruh. Defendant denies all
23 remaining allegations in paragraph 3.
24 4. Said Strip Mall has a large parking area for customers of the strip mall.
25 ANSWER: Defendant admits that the Property contains a parking area intended for the use of
26 customers patronizing the Property’s retail tenants. Defendant denies all remaining allegations in
27 paragraph 4.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 5. The ADA requires that restaurants and other businesses that are deemed public accommodations,
2 must provide access to persons with disabilities, depending on the disability of the individual, including
3 a a [sic] curb ramp mayto [sic] allow a person with a disability to go from the parking area to the
4 restaurant or other public accommodation.
5 ANSWER: Paragraph 5 contains statements or conclusions of law to which no response is required. To
6 the extent a response is required, Defendant admits that the ADA sets for requirements for accessibility
7 of public accommodations to persons with disabilities and otherwise denies any remaining allegations in
8 paragraph 5 to which a response is required.
9 6. In many instances, restaurants and other public accommodations do not have ADA approved
10 curb ramps, and in fact, have curbs ranging from 4" to 5" that create barriers for disabled persons who
11 may use wheelchairs, walkers, or other assisted mobility devices, not allowing such disabled persons
12 access to the public accommodation(s).
13 ANSWER: Paragraph 6 contains statements or conclusions of law to which no response is required. To
14 the extent a response is required, Defendant lacks knowledge or information sufficient to answer the
15 allegations contained in paragraph 6 of the Complaint and therefore denies the same.
16 PARTIES:
17 7. At all relevant times herein, Plaintiff is was and currently is a resident of Los Angeles County
18 California and is disabled as defined by the ADA.
19 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in
20 paragraph 7 of the Complaint and therefore denies the same.
21 8. Within 365 days of the filing of this complaint, plaintiff was unable to access several businesses
22 in the strip mall because there were curbs ranging from 4" to 5.5" high.
23 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in
24 paragraph 8 of the Complaint and therefore denies the same.
25 9. In some instances there were ADA approved curb ramps, but these ramps were located a
26 considerable distance from the entrance of the businesses.
27 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in
28 paragraph 9 of the Complaint and therefore denies the same.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 10. On information and belief, defendants were aware if the lack of required ADA accommodations
2 and chose to ignore them.
3 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in
4 paragraph 10 of the Complaint and therefore denies the same
5 PRAYER:
6 WHEREFORE, plaintiff prays judgment against defendants, jointly and severally as follows
7 i. Statutory damages as provided by law of $4,000.00 for each instance plaintiff was
8 effectively denied access to a business in the strip mall due to there being no curb ramp
9 reasonably available to him.
10 ii. A mandatory injunction that defendants bring the subject property in compliance with the
11 rules of the ADA within a time set by this court;
12 iii. Attorney fees if incurred;
13 iv. All costs of suit; and
14 v. Such other and further relief as required by law.
15 ANSWER: The Prayer contains Plaintiff’s requests for relief to which no response is required. To the
16 extent a response is required, Defendant denies the allegations in the Prayer, and denies that Plaintiff is
17 entitled to the relief sought.
18 AFFIRMATIVE AND OTHER DEFENSES
19 In further answer to Plaintiff’s verified Complaint, Defendant alleges the following additional
20 defenses. In asserting these defenses, Defendant does not assume the burden of proof as to matters that,
21 pursuant to law, are Plaintiff’s burden to prove. Defendant does not presently know all of the facts and
22 circumstances regarding Plaintiff’s claims, and therefore reserve the right to amend its Answer to add
23 facts and defenses, should Defendant later discover facts demonstrating the existence of additional
24 defenses.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 FIRST AFFIRMATIVE OR OTHER DEFENSE
2 (Failure to State a Claim)
3 1. The Complaint, and each purported cause of action contained therein, fails to state facts
4 sufficient to constitute any cause of action and fails to state any claim upon which relief can be granted.
5 SECOND AFFIRMATIVE OR OTHER DEFENSE
6 (Lack of Standing)
7 2. The Complaint, and all purported causes of action contained therein, fails to allege facts
8 showing that Plaintiff has standing to bring any of the claims included in the Complaint.
9 THIRD AFFIRMATIVE OR OTHER DEFENSE
10 (Mootness)
11 3. Plaintiff’s claims are barred under the doctrine of mootness to the extent the Property is
12 usable and accessible to persons with a mobility disability, including Plaintiff, and/or Plaintiff is able to
13 use and access the Property.
14 FOURTH AFFIRMATIVE OR OTHER DEFENSE
15 (No Injury In Fact)
16 4. The Complaint, and all purported causes of action contained therein, fails on the grounds
17 that Plaintiff has not suffered any injury in fact because he was not denied or deterred or impeded in his
18 use or enjoyment of a place of public accommodation.
19 FIFTH AFFIRMATIVE OR OTHER DEFENSE
20 (No Irreparable Harm)
21 5. Plaintiff’s claim for injunctive and other equitable relief is barred because he will not
22 suffer any irreparable injury if injunctive or other equitable relief is denied and/or because he has an
23 adequate and complete remedy at law.
24 SIXTH AFFIRMATIVE OR OTHER DEFENSE
25 (No Personal Encounter That Deterred Access)
26 6. Plaintiff cannot recover for any violations he did not personally encounter on a particular
27 occasion and which have not deterred any desire for access.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 SEVENTH AFFIRMATIVE OR OTHER DEFENSE
2 (No Imminent Harm)
3 7. The Complaint, and all purported causes of action contained therein, fails to allege facts
4 showing that Plaintiff has standing to seek injunctive relief because he is under no threat of imminent
5 harm to the extent that Plaintiff was not denied or deterred from access to a place of public
6 accommodation, and there is no threat that any such denial or deterrence will occur in the future.
7 EIGHTH AFFIRMATIVE OR OTHER DEFENSE
8 (Failure To Request Equivalent Facilitation, Reasonable Accommodation Or Modifications)
9 8. To the extent that Plaintiff was not provided with full and equal accommodations,
10 advantages, facilities, and privileges of services, it was because he failed to provide sufficient notice of
11 the need and sufficient opportunity to do so. To the extent Plaintiff required an auxiliary aid or service
12 to access the goods and services at the Property, he had an obligation to request such auxiliary aid or
13 service from e Defendant and engage in a dialogue about his needs. If Plaintiff had made such a request,
14 Defendant would have provided reasonable accommodation or equivalent facilitation or modifications.
15 The law gives Defendant the right to choose which auxiliary aids and services are to be provided to
16 Plaintiff so that he can access their goods and services.
17 NINTH AFFIRMATIVE OR OTHER DEFENSE
18 (Equivalent Facilitation)
19 9. Defendant provides equivalent facilitation and/or appropriate means for patrons with
20 disabilities to enjoy goods, facilities, and services available at the Property.
21 TENTH AFFIRMATIVE OR OTHER DEFENSE
22 (Not Readily Achievable or Undue Burden)
23 10. Removal of the alleged access barriers complained of in the Complaint, if any, is not
24 readily achievable or would impose an undue burden.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 ELEVENTH AFFIRMATIVE OR OTHER DEFENSE
2 (Defendant Not Required to Alter the Fundamental Nature of Its Business)
3 11. The Complaint, and all purported causes of action contained therein, fails to the extent
4 that Defendant is not required to make modifications that would fundamentally alter the nature of its
5 goods, services, facilities, privileges, advantages, or accommodations.
6 TWELFTH AFFIRMATIVE OR OTHER DEFENSE
7 (De Minimis Noncompliance)
8 12. Even if the features alleged in the Complaint do not comply with applicable access
9 standards, if any applicable standards exist, the Property referenced in the Complaint nonetheless
10 provided effective access to Plaintiff because any alleged noncompliance as alleged in the Complaint
11 was de minimis, the Property was usable and accessible despite its alleged noncompliance, and/or
12 Plaintiff was able to use and access the Property referenced in the Complaint.
13 THIRTEENTH AFFIRMATIVE OR OTHER DEFENSE
14 (Statutes of Limitation)
15 13. The Complaint, and all purported causes of action contained therein, is barred by the
16 applicable statutes of limitation, including but not limited to California Code of Civil Procedure Sections
17 338(a), 340 and 343.
18 FOURTEENTH AFFIRMATIVE OR OTHER DEFENSE
19 (Laches)
20 14. The Complaint, and all purported causes of action contained therein, is barred under the
21 doctrine of laches.
22 FIFTEENTH AFFIRMATIVE OR OTHER DEFENSE
23 (Waiver)
24 15. The Complaint, and all purported causes of action contained therein, is barred because
25 Plaintiff has waived the right, if any, to assert the claims in the Complaint.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
310640878v.1
1 SIXTEENTH AFFIRMATIVE OR OTHER DEFENSE
2 (Estoppel)
3 16. The Complaint, and all purported causes of action contained therein, is barred because
4 Plaintiff is estopped by his own actions and conduct from pursuing the claims in the Complaint.
5 SEVENTEENTH AFFIRMATIVE OR OTHER DEFENSE
6 (Failure to Mitigate Damages)
7 17. Plaintiff has failed to take reasonable steps to mitigate, alter or otherwise reduce his
8 alleged damages, including attorneys’ fees and costs, and any damages and/or fees and costs awarded to
9 Plaintiff should be reduced accordingly.
10 EIGHTEENTH AFFIRMATIVE OR OTHER DEFENSE
11 (Unclean Hands)
12 18. The Complaint, and all purported causes of action contained therein, is barred by the
13 doctrine of unclean hands, as a result of the acts, conduct, and omissions of Plaintiff or of others that are
14 attributable to Plaintiff.
15 NINETEENTH AFFIRMATIVE OR OTHER DEFENSE
16 (Acquiescence)
17 19. The Complaint, and all purported causes of action contained therein, is barred by the
18 doctrine of acquiescence, as a result of the acts, conduct, and omissions of Plaintiff or of others that are
19 attributable to Plaintiff.
20 TWENTIETH AFFIRMATIVE OR OTHER DEFENSE
21 (No Difficulty, Discomfort, or Embarrassment)
22 20. The Complaint, and all purported causes of action contained therein, fails on the grounds
23 that Plaintiff has not alleged any difficulty, discomfort, or embarrassment as required to have standing
24 and as required to recover damages.
25 TWENTY-FIRST AFFIRMATIVE OR OTHER DEFENSE
26 (Vague, Ambiguous, And Uncertain Allegation)
27 21. Plaintiff’s Complaint is vague, ambiguous, and uncertain.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 TWENTY-SECOND AFFIRMATIVE OR OTHER DEFENSE
2 (Assumption Of Risk)
3 22. By himself or through his agents, Plaintiff assumed the risk of all conduct of Defendant
4 and/or its agents. Accordingly, Plaintiff is barred from any of the damages or recovery he seeks in his
5 Complaint or any claim therein.
6 TWENTY-THIRD AFFIRMATIVE OR OTHER DEFENSE
7 (Indemnity and Contribution)
8 23. Defendant alleges as to each and every cause of action that it is entitled to
9 indemnification and contribution by apportionment against all parties, persons, or entities, whose acts or
10 omissions directly or proximately caused or contributed to the incident alleged in the Complaint, or to
11 the damages allegedly sustained by Plaintiff, if any, either as alleged in the Complaint or otherwise.
12 TWENTY-FOURTH AFFIRMATIVE OR OTHER DEFENSE
13 (Right to Raise Additional Defenses and Amend this Answer)
14 24. Plaintiff has not set out his claims with sufficient particularity to permit Defendant to
15 raise all appropriate defenses. Defendant has not knowingly or intentionally waived any applicable
16 defenses, but Defendant reserves the right to assert and to rely upon additional defenses not stated here,
17 including such other defenses as may become available or apparent. Defendant further reserves the right
18 to file amended answers to the Complaint, as more facts or legal theories become applicable by means of
19 subsequent disclosures, discovery, procedural issues, or modification of existing statutes and defenses.
20 DEFENDANT’S PRAYER FOR RELIEF
21 THEREFORE, Defendant requests:
22 1. That the Complaint, and each purported cause of action contained therein, be dismissed,
23 with prejudice, and that judgment be entered for Defendant;
24 2. That Plaintiff take nothing;
25 3. That Defendant be awarded its attorneys’ fees and costs of suit herein; and
26 4. That Defendant be awarded such other and further relief as the Court may deem just and
27 proper.
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 DATED: April 23, 2024 SEYFARTH SHAW LLP
2
3 By:
Myra B. Villamor
4 Attorneys for Defendant
QUARTZ HILL STATION LLC
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DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to the within action; my business address is: 2029 Century Park East, Suite 3500,
4 Los Angeles, California 90067. On April 23, 2024, I served the within document(s):
5 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT
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(BY MAIL) The envelope was mailed with postage thereon fully prepaid. As follows:
I am “readily familiar” with the firm’s practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with U.S. postal service on that same
day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of
8 business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for mailing
9 in affidavit.
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(BY HAND DELIVERY) I delivered the within documents to Nationwide Legal, Inc. for
delivery to the person(s) at the address(es) set forth below with instructions that such
envelope be delivered personally on , 2024.
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(BY OVERNIGHT MAIL) I am readily familiar with the firm’s practice of collection and
processing correspondence for mailing with FedEx. Under that practice it would be
deposited with FedEx on that same day thereon fully prepaid at Los Angeles, California in
the ordinary course of business. The envelope was sealed and placed for collection and
14 mailing on that date following ordinary business practices.
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(BY E-MAIL) I hereby certify that this document was served by e-mail delivery on the
parties listed herein at their most recent e-mail of record in this action from Los Angeles,
California.
17 David Greenstein 1988jeopardychampion@gmail.com
4732 West Ave., M4
18 Lancaster, CA 93536 [Pro Per]
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I declare under penalty of perjury under the laws of the State of California that the above is true
20 and correct.
21 Executed on April 23, 2024, at Los Angeles, California.
22
Inah Lee
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PROOF OF SERVICE
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1 SEYFARTH SHAW LLP Myra Villamor (SBN 232912) 2 mvillamor@seyfarth.com 2029 Century Park East, Suite 3500 3 Los Angeles, California 90067-3021 Telephone: (310) 277-7200 4 Facsimile: (310) 201-5219 5 Attorneys for Defendant QUARTZ HILL STATION LLC 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 11 DAVID GREENSTEIN, Case No. 24AVCV00148 12 Plaintiff, UNLIMITED JURISDICTION 13 v. DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 14 QUARTZ HILL STATION, LLC; DOES 1 THROUGH 25, 15 Complaint Filed: February 6, 2024 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 Defendant Quartz Hill Station LLC (“Defendant”), answers the verified Complaint of Plaintiff 2 David Greenstein (“Plaintiff”) as follows: 3 4 1. The true names and capacities of the fictitiously named defendants are presently unknown to 5 plaintiff. When such information is obtained, plaintiff will seek leave of this court to insert it. 6 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in 7 paragraph 1 of the Complaint and therefore denies the same. 8 2. Defendant Quartz Hill Station, is a Delaware corporation, registered and authorized to do 9 business within the state of California 10 ANSWER: Defendant denies that it is a Delaware corporation registered and authorized to do business 11 within the state of California, but admits that it is a Delaware limited liability company authorized to 12 conduct business within the state of California. Defendant denies all remaining allegations in 13 paragraph 2. 14 3. Defendants and each of them, own, operate, manage and maintain a plot of land in Lancaster 15 California, with the designation of Quartz Hill Town Center, which land contains a "Strip Mall" 16 consisting of various retail stores, including restaurants and other businesses, certain of which are 17 covered by the Americans with Disabilities Act, (hereinafter ADA) as well as the California Unruh Civil 18 Rights Act (hereinafter Unruh). The Unruh Act provides that any violation of the ADA shall be deemed 19 a violation of the Unruh Act. 20 ANSWER: Defendant admits that it currently owns property in Lancaster, California, which is operated 21 as “Quartz Hill Towne Center” (the “Property”) and which is a shopping center containing retail tenants. 22 Defendant further admits that the Property is subject to the ADA and Unruh. Defendant denies all 23 remaining allegations in paragraph 3. 24 4. Said Strip Mall has a large parking area for customers of the strip mall. 25 ANSWER: Defendant admits that the Property contains a parking area intended for the use of 26 customers patronizing the Property’s retail tenants. Defendant denies all remaining allegations in 27 paragraph 4. 28 2 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 5. The ADA requires that restaurants and other businesses that are deemed public accommodations, 2 must provide access to persons with disabilities, depending on the disability of the individual, including 3 a a [sic] curb ramp mayto [sic] allow a person with a disability to go from the parking area to the 4 restaurant or other public accommodation. 5 ANSWER: Paragraph 5 contains statements or conclusions of law to which no response is required. To 6 the extent a response is required, Defendant admits that the ADA sets for requirements for accessibility 7 of public accommodations to persons with disabilities and otherwise denies any remaining allegations in 8 paragraph 5 to which a response is required. 9 6. In many instances, restaurants and other public accommodations do not have ADA approved 10 curb ramps, and in fact, have curbs ranging from 4" to 5" that create barriers for disabled persons who 11 may use wheelchairs, walkers, or other assisted mobility devices, not allowing such disabled persons 12 access to the public accommodation(s). 13 ANSWER: Paragraph 6 contains statements or conclusions of law to which no response is required. To 14 the extent a response is required, Defendant lacks knowledge or information sufficient to answer the 15 allegations contained in paragraph 6 of the Complaint and therefore denies the same. 16 PARTIES: 17 7. At all relevant times herein, Plaintiff is was and currently is a resident of Los Angeles County 18 California and is disabled as defined by the ADA. 19 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in 20 paragraph 7 of the Complaint and therefore denies the same. 21 8. Within 365 days of the filing of this complaint, plaintiff was unable to access several businesses 22 in the strip mall because there were curbs ranging from 4" to 5.5" high. 23 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in 24 paragraph 8 of the Complaint and therefore denies the same. 25 9. In some instances there were ADA approved curb ramps, but these ramps were located a 26 considerable distance from the entrance of the businesses. 27 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in 28 paragraph 9 of the Complaint and therefore denies the same. 3 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 10. On information and belief, defendants were aware if the lack of required ADA accommodations 2 and chose to ignore them. 3 ANSWER: Defendant lacks knowledge or information sufficient to answer the allegations contained in 4 paragraph 10 of the Complaint and therefore denies the same 5 PRAYER: 6 WHEREFORE, plaintiff prays judgment against defendants, jointly and severally as follows 7 i. Statutory damages as provided by law of $4,000.00 for each instance plaintiff was 8 effectively denied access to a business in the strip mall due to there being no curb ramp 9 reasonably available to him. 10 ii. A mandatory injunction that defendants bring the subject property in compliance with the 11 rules of the ADA within a time set by this court; 12 iii. Attorney fees if incurred; 13 iv. All costs of suit; and 14 v. Such other and further relief as required by law. 15 ANSWER: The Prayer contains Plaintiff’s requests for relief to which no response is required. To the 16 extent a response is required, Defendant denies the allegations in the Prayer, and denies that Plaintiff is 17 entitled to the relief sought. 18 AFFIRMATIVE AND OTHER DEFENSES 19 In further answer to Plaintiff’s verified Complaint, Defendant alleges the following additional 20 defenses. In asserting these defenses, Defendant does not assume the burden of proof as to matters that, 21 pursuant to law, are Plaintiff’s burden to prove. Defendant does not presently know all of the facts and 22 circumstances regarding Plaintiff’s claims, and therefore reserve the right to amend its Answer to add 23 facts and defenses, should Defendant later discover facts demonstrating the existence of additional 24 defenses. 25 26 27 28 4 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 FIRST AFFIRMATIVE OR OTHER DEFENSE 2 (Failure to State a Claim) 3 1. The Complaint, and each purported cause of action contained therein, fails to state facts 4 sufficient to constitute any cause of action and fails to state any claim upon which relief can be granted. 5 SECOND AFFIRMATIVE OR OTHER DEFENSE 6 (Lack of Standing) 7 2. The Complaint, and all purported causes of action contained therein, fails to allege facts 8 showing that Plaintiff has standing to bring any of the claims included in the Complaint. 9 THIRD AFFIRMATIVE OR OTHER DEFENSE 10 (Mootness) 11 3. Plaintiff’s claims are barred under the doctrine of mootness to the extent the Property is 12 usable and accessible to persons with a mobility disability, including Plaintiff, and/or Plaintiff is able to 13 use and access the Property. 14 FOURTH AFFIRMATIVE OR OTHER DEFENSE 15 (No Injury In Fact) 16 4. The Complaint, and all purported causes of action contained therein, fails on the grounds 17 that Plaintiff has not suffered any injury in fact because he was not denied or deterred or impeded in his 18 use or enjoyment of a place of public accommodation. 19 FIFTH AFFIRMATIVE OR OTHER DEFENSE 20 (No Irreparable Harm) 21 5. Plaintiff’s claim for injunctive and other equitable relief is barred because he will not 22 suffer any irreparable injury if injunctive or other equitable relief is denied and/or because he has an 23 adequate and complete remedy at law. 24 SIXTH AFFIRMATIVE OR OTHER DEFENSE 25 (No Personal Encounter That Deterred Access) 26 6. Plaintiff cannot recover for any violations he did not personally encounter on a particular 27 occasion and which have not deterred any desire for access. 28 5 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 SEVENTH AFFIRMATIVE OR OTHER DEFENSE 2 (No Imminent Harm) 3 7. The Complaint, and all purported causes of action contained therein, fails to allege facts 4 showing that Plaintiff has standing to seek injunctive relief because he is under no threat of imminent 5 harm to the extent that Plaintiff was not denied or deterred from access to a place of public 6 accommodation, and there is no threat that any such denial or deterrence will occur in the future. 7 EIGHTH AFFIRMATIVE OR OTHER DEFENSE 8 (Failure To Request Equivalent Facilitation, Reasonable Accommodation Or Modifications) 9 8. To the extent that Plaintiff was not provided with full and equal accommodations, 10 advantages, facilities, and privileges of services, it was because he failed to provide sufficient notice of 11 the need and sufficient opportunity to do so. To the extent Plaintiff required an auxiliary aid or service 12 to access the goods and services at the Property, he had an obligation to request such auxiliary aid or 13 service from e Defendant and engage in a dialogue about his needs. If Plaintiff had made such a request, 14 Defendant would have provided reasonable accommodation or equivalent facilitation or modifications. 15 The law gives Defendant the right to choose which auxiliary aids and services are to be provided to 16 Plaintiff so that he can access their goods and services. 17 NINTH AFFIRMATIVE OR OTHER DEFENSE 18 (Equivalent Facilitation) 19 9. Defendant provides equivalent facilitation and/or appropriate means for patrons with 20 disabilities to enjoy goods, facilities, and services available at the Property. 21 TENTH AFFIRMATIVE OR OTHER DEFENSE 22 (Not Readily Achievable or Undue Burden) 23 10. Removal of the alleged access barriers complained of in the Complaint, if any, is not 24 readily achievable or would impose an undue burden. 25 26 27 28 6 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 ELEVENTH AFFIRMATIVE OR OTHER DEFENSE 2 (Defendant Not Required to Alter the Fundamental Nature of Its Business) 3 11. The Complaint, and all purported causes of action contained therein, fails to the extent 4 that Defendant is not required to make modifications that would fundamentally alter the nature of its 5 goods, services, facilities, privileges, advantages, or accommodations. 6 TWELFTH AFFIRMATIVE OR OTHER DEFENSE 7 (De Minimis Noncompliance) 8 12. Even if the features alleged in the Complaint do not comply with applicable access 9 standards, if any applicable standards exist, the Property referenced in the Complaint nonetheless 10 provided effective access to Plaintiff because any alleged noncompliance as alleged in the Complaint 11 was de minimis, the Property was usable and accessible despite its alleged noncompliance, and/or 12 Plaintiff was able to use and access the Property referenced in the Complaint. 13 THIRTEENTH AFFIRMATIVE OR OTHER DEFENSE 14 (Statutes of Limitation) 15 13. The Complaint, and all purported causes of action contained therein, is barred by the 16 applicable statutes of limitation, including but not limited to California Code of Civil Procedure Sections 17 338(a), 340 and 343. 18 FOURTEENTH AFFIRMATIVE OR OTHER DEFENSE 19 (Laches) 20 14. The Complaint, and all purported causes of action contained therein, is barred under the 21 doctrine of laches. 22 FIFTEENTH AFFIRMATIVE OR OTHER DEFENSE 23 (Waiver) 24 15. The Complaint, and all purported causes of action contained therein, is barred because 25 Plaintiff has waived the right, if any, to assert the claims in the Complaint. 26 27 28 7 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 SIXTEENTH AFFIRMATIVE OR OTHER DEFENSE 2 (Estoppel) 3 16. The Complaint, and all purported causes of action contained therein, is barred because 4 Plaintiff is estopped by his own actions and conduct from pursuing the claims in the Complaint. 5 SEVENTEENTH AFFIRMATIVE OR OTHER DEFENSE 6 (Failure to Mitigate Damages) 7 17. Plaintiff has failed to take reasonable steps to mitigate, alter or otherwise reduce his 8 alleged damages, including attorneys’ fees and costs, and any damages and/or fees and costs awarded to 9 Plaintiff should be reduced accordingly. 10 EIGHTEENTH AFFIRMATIVE OR OTHER DEFENSE 11 (Unclean Hands) 12 18. The Complaint, and all purported causes of action contained therein, is barred by the 13 doctrine of unclean hands, as a result of the acts, conduct, and omissions of Plaintiff or of others that are 14 attributable to Plaintiff. 15 NINETEENTH AFFIRMATIVE OR OTHER DEFENSE 16 (Acquiescence) 17 19. The Complaint, and all purported causes of action contained therein, is barred by the 18 doctrine of acquiescence, as a result of the acts, conduct, and omissions of Plaintiff or of others that are 19 attributable to Plaintiff. 20 TWENTIETH AFFIRMATIVE OR OTHER DEFENSE 21 (No Difficulty, Discomfort, or Embarrassment) 22 20. The Complaint, and all purported causes of action contained therein, fails on the grounds 23 that Plaintiff has not alleged any difficulty, discomfort, or embarrassment as required to have standing 24 and as required to recover damages. 25 TWENTY-FIRST AFFIRMATIVE OR OTHER DEFENSE 26 (Vague, Ambiguous, And Uncertain Allegation) 27 21. Plaintiff’s Complaint is vague, ambiguous, and uncertain. 28 8 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 TWENTY-SECOND AFFIRMATIVE OR OTHER DEFENSE 2 (Assumption Of Risk) 3 22. By himself or through his agents, Plaintiff assumed the risk of all conduct of Defendant 4 and/or its agents. Accordingly, Plaintiff is barred from any of the damages or recovery he seeks in his 5 Complaint or any claim therein. 6 TWENTY-THIRD AFFIRMATIVE OR OTHER DEFENSE 7 (Indemnity and Contribution) 8 23. Defendant alleges as to each and every cause of action that it is entitled to 9 indemnification and contribution by apportionment against all parties, persons, or entities, whose acts or 10 omissions directly or proximately caused or contributed to the incident alleged in the Complaint, or to 11 the damages allegedly sustained by Plaintiff, if any, either as alleged in the Complaint or otherwise. 12 TWENTY-FOURTH AFFIRMATIVE OR OTHER DEFENSE 13 (Right to Raise Additional Defenses and Amend this Answer) 14 24. Plaintiff has not set out his claims with sufficient particularity to permit Defendant to 15 raise all appropriate defenses. Defendant has not knowingly or intentionally waived any applicable 16 defenses, but Defendant reserves the right to assert and to rely upon additional defenses not stated here, 17 including such other defenses as may become available or apparent. Defendant further reserves the right 18 to file amended answers to the Complaint, as more facts or legal theories become applicable by means of 19 subsequent disclosures, discovery, procedural issues, or modification of existing statutes and defenses. 20 DEFENDANT’S PRAYER FOR RELIEF 21 THEREFORE, Defendant requests: 22 1. That the Complaint, and each purported cause of action contained therein, be dismissed, 23 with prejudice, and that judgment be entered for Defendant; 24 2. That Plaintiff take nothing; 25 3. That Defendant be awarded its attorneys’ fees and costs of suit herein; and 26 4. That Defendant be awarded such other and further relief as the Court may deem just and 27 proper. 28 9 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 DATED: April 23, 2024 SEYFARTH SHAW LLP 2 3 By: Myra B. Villamor 4 Attorneys for Defendant QUARTZ HILL STATION LLC 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 310640878v.1 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 2029 Century Park East, Suite 3500, 4 Los Angeles, California 90067. On April 23, 2024, I served the within document(s): 5 DEFENDANT’S VERIFIED ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT 6 7 (BY MAIL) The envelope was mailed with postage thereon fully prepaid. As follows: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of 8 business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing 9 in affidavit. 10 11 (BY HAND DELIVERY) I delivered the within documents to Nationwide Legal, Inc. for delivery to the person(s) at the address(es) set forth below with instructions that such envelope be delivered personally on , 2024. 12 13 (BY OVERNIGHT MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with FedEx. Under that practice it would be deposited with FedEx on that same day thereon fully prepaid at Los Angeles, California in the ordinary course of business. The envelope was sealed and placed for collection and 14 mailing on that date following ordinary business practices. 15 16 (BY E-MAIL) I hereby certify that this document was served by e-mail delivery on the parties listed herein at their most recent e-mail of record in this action from Los Angeles, California. 17 David Greenstein 1988jeopardychampion@gmail.com 4732 West Ave., M4 18 Lancaster, CA 93536 [Pro Per] 19 I declare under penalty of perjury under the laws of the State of California that the above is true 20 and correct. 21 Executed on April 23, 2024, at Los Angeles, California. 22 Inah Lee 23 24 25 26 27 28 PROOF OF SERVICE 310643506v.1