No Value: PATRICIA ZARAGOZA ORTA vs. ANTHONY RIOS, et al.

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                                ANS to COM P by A driana Sanchez and Anthon y Javier Rios




1              Deborah T. Bjonerud, State Bar No. 141960
               JEANETTE N. LITTLE & ASSOCIATES
2              Employees of the Law Department
               State Farm Mutual Automobile Insurance Company
3              4450 Rosewood Drive, Suite 450
               Pleasanton, California 94588
4              Telephone: (925) 225-6838 / Fax: (855) 732-9437
               Service Email: deborah.bjonerud@statefarm.com
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               Attorneys for defendant(s) Adriana Sanchez and
6              Anthony Javier Rios

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8                                                                                 CIVIL COURT OF THE STATE OF CALIFORNIA
9                                                                                      FOR THE COUNTY OF MONTEREY
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11                PATRICIA ZARAGOZA ORTA, AN                                                                Case No.: 24CV000320
                  INDIVIDUAL;
12                "ADDITIONAL PARTIES ATTACHMENT                                                            ANSWER TO COMPLAINT ON
                  FORM IS ATTACHED",                                                                        BEHALF OF DEFENDANT(S)
13                                                                                                          ADRIANA SANCHEZ AND ANTHONY
                                                                  Plaintiff(s),                             JAVIER RIOS; DEMAND FOR JURY
14                                                                                                          TRIAL
                  vs.
15                                                                                                          Complaint Filed: February 21, 2024
                  ANTHONY JAVIER RIOS, AN                                                                   Judge: Hon. Thomas W. Wills
16                INDIVIDUAL;                                                                               Dept.: 13A
                  ADRIANA SANCHEZ, AN INDIVIDUAL;                                                           Trial Date: None Assigned
17                AND
                  DOES 1 THROUGH 50, INCLUSIVE,
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                                                                  Defendant(s).
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                                                                 Adriana Sanchez and Anthony Javier Rios answer(s) the unverified original complaint of
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     Jesus Adan Tapia Zaragoza, Maria Tapia Zaragoza, and Patricia Zaragoza Orta on file herein as
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     follows:
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                                                                 By virtue of Code of Civil Procedure section 431.30, these answering defendant(s)
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     deny(ies) every allegation contained in the original complaint insofar as said allegations refer to
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     these answering defendant(s) and further deny(ies) that plaintiff(s) has/have been damaged in the
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     sum or sums alleged, or in any other sum or sums, or at all.
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                                                                                  FIRST SEPARATE AND AFFIRMATIVE DEFENSE

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                                                                                   ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
1                                      TO THE ENTIRE COMPLAINT

2                                    (COMPARATIVE NEGLIGENCE)

3            If plaintiff(s) suffered or sustained any loss, damage or injury as alleged in the complaint,

4    such loss, damage or injury was proximately caused and contributed to by plaintiff(s) failing to

5    conduct themselves in a manner expected of a reasonably prudent person in the conduct of their

6    affairs and person. Plaintiff(s)’ recovery herein is barred, diminished or reduced to the extent

7    that plaintiff(s)’ loss, damage or injury is attributed to plaintiff(s)’ negligence.

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9                         SECOND SEPARATE AND AFFIRMATIVE DEFENSE
10                                     TO THE ENTIRE COMPLAINT

11                            (FAILURE TO STATE A CAUSE OF ACTION)

12           Plaintiff(s) has/have failed to allege facts sufficient to constitute a cause of action against

13   answering defendant(s).

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15                         THIRD SEPARATE AND AFFIRMATIVE DEFENSE

16                                     TO THE ENTIRE COMPLAINT

17                                           (APPORTIONMENT)

18           If plaintiff(s) suffered or sustained any damages as alleged in the complaint, those

19   damages were proximately caused and contributed to by persons other than answering

20   defendant(s), including but not limited to Doe defendant(s). The liability of all defendants,

21   named or unnamed, should be apportioned according to their relative degrees of fault, and the

22   liability, if any, of answering defendant(s) should be reduced accordingly.

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24                        FOURTH SEPARATE AND AFFIRMATIVE DEFENSE

25                                     TO THE ENTIRE COMPLAINT

26                                (FAILURE TO MITIGATE DAMAGES)

27           Plaintiff(s)’ recovery is reduced or diminished by plaintiff(s)’ failure to mitigate their

28   damages.


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                             ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
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2          WHEREFORE, this/these answering defendant(s) pray(s):

3          1.     That the plaintiff(s) take nothing by their complaint;

4          2.     For costs of the suit incurred herein; and

5          3.     For such other and further relief as the Court may deem just and proper.

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7                                   DEMAND FOR JURY TRIAL

8          Defendant(s) hereby demand(s) a trial by jury in the above-referenced matter.

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     DATED: May 3, 2024                                 JEANETTE N. LITTLE &
10                                                      ASSOCIATES
11                                                By:
                                                        Akhila Ganapathy for Deborah T.
12                                                      Bjonerud
                                                        Attorneys for defendant(s) Adriana
13                                                      Sanchez and Anthony Javier Rios
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                          ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL
1                                            PROOF OF SERVICE
     Orta, et al. v. Rios, et al. | Monterey County Civil Court - Case No. 24CV000320
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3            At the time of service, I was over 18 years of age and not a party to this action. My
     electronic service address is clc.pleasanton.eservice@statefarm.com and my business address
4    is 4450 Rosewood Drive, Suite 450, Pleasanton, California 94588. On May 3, 2024, I served the
     following document(s) on the following person(s):
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     ANSWER TO COMPLAINT ON BEHALF OF DEFENDANT(S) ADRIANA SANCHEZ AND
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                 ANTHONY JAVIER RIOS; DEMAND FOR JURY TRIAL
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      Gonzalo Villalobos
8     Makkabi Law Group, APC
      9454 Wilshire Boulevard Suite 900
9     Beverly Hills, CA 90212
      L2@makkabilaw.com
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      Attorney(s) for Plaintiff Jesus Adan Tapia
11    Zaragoza, Plaintiff Maria Tapia Zaragoza,
      Plaintiff Patricia Zaragoza Orta
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13           ☒ [Electronic Submission] – Pursuant to California Code of Civil Procedure
14   §1010.6(e)(1), I served a true copy of the aforementioned document(s) via electronic mail on the
     parties in said action by transmitting by email to the email address(es) as set forth above on this
15   date. No electronic message or other indication that the transmission was unsuccessful was
     received within a reasonable time after submission. I declare under penalty of perjury under the
16   laws of the State of California that the above is true and correct, and that this declaration was
     executed on May 3, 2024.
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                                                    By:
19                                                        Selene Inguanzo
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                            ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL