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1 TODD H. MASTER [SBN. 185881] Exempt from Filing Fees
RIDLEY♦MASTER Pursuant to Government
2 1900 O’Farrell Street, Suite 280 Code Section 6103
San Mateo, CA 94403
3 Telephone: (650) 365-7715
Facsimile: (650) 364-5297
4 Email: tmaster@hrmrlaw.com
5 Attorneys for Defendant and Cross-Defendant 9/8/2023
CITY OF MILLBRAE
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7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
9 IN AND FOR THE COUNTY OF SAN MATEO
10
REGINA GLORIOSO-EMERSON, ESTATE Case No. 22-CIV-05181
11 OF ROLANDO GLORIOSO, CHRISTIAN
12 CUNANAN, KATRYNE PIOQUINTO, ASSIGNED FOR ALL PURPOSES TO:
1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
JOHN MATTHEW CUNANAN and The Honorable Robert D. Foiles, Dept. 21
TELEPHONE (650) 365-7715
13 ESTATE OF SUSANA GLORIOSO,
SAN MATEO, CA 94403
DEFENDANT CITY OF MILLBRAE’S
14 Plaintiffs, ANSWER TO PLAINTIFFS’ FIRST
vs. AMENDED COMPLAINT
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16 CITY OF MILLBRAE, et al.,
17 Defendants.
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19 AND RELATED CROSS-ACTIONS
20
21 COMES NOW Defendant CITY OF MILLBRAE (“Defendant”) and hereby answers the
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unverified First Amended Complaint (“Complaint”) of Plaintiffs REGINA GLORIOSO-
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EMERSON, ESTATE OF ROLANDO GLORIOSO, CHRISTIAN CUNANAN; KATRYNE
24
PIOQUINTO, JOHN MATTHEW CUNANAN, AND ESTATE OF SUSANA GLORIOSO
25
26 (hereinafter, collectively referred to as “Plaintiffs”), and admits, denies and alleges as follows:
27 ///
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 1
1 GENERAL DENIAL
2 1. Pursuant to California Code of Civil Procedure Section 431.30(d), Defendant
3 denies, generally and specifically, each and every material allegation, statement, matter and
4 purported cause of action contained in Plaintiffs’ Complaint. Defendant further denies, generally
5 and specifically, that Plaintiffs have been damaged in the manner or sums alleged, or in any way at
6 all, by reason of any acts or omissions of this Defendant.
7 FIRST AFFIRMATIVE DEFENSE
8 2. As a first and separate affirmative defense to the Complaint, this Defendant alleges
9 that the Complaint fails to state a cause of action against this Defendant.
10 SECOND AFFIRMATIVE DEFENSE
11 3. As a second and separate affirmative defense to the Complaint, this Defendant
12 denies any wrongdoing, negligence or liability on its part but, should it be determined that this
1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
TELEPHONE (650) 365-7715
13 Defendant is liable to Plaintiffs, and/or any of them, then this Defendant alleges that Plaintiffs,
SAN MATEO, CA 94403
14 and/or any of them, including Plaintiffs’ decedents, were also legally at fault, and possibly others
15 as well, and thus any recovery that might otherwise be rendered against this Defendant must be
16 reduced by that percentage which reflects the comparative fault of others.
17 THIRD AFFIRMATIVE DEFENSE
18 4. As a third and separate affirmative defense to the Complaint, this Defendant alleges
19 that Plaintiffs’ decedents acted with full knowledge of all the facts and circumstances surrounding
20 their injuries and claimed damages and that said matters for which Plaintiffs’ decedents assumed
21 the risk proximately contributed to and proximately caused their injuries and claimed damages.
22 FOURTH AFFIRMATIVE DEFENSE
23 5. As a fourth and separate affirmative defense to the Complaint, this Defendant
24 alleges that Plaintiffs, and each of them, have failed to mitigate the alleged damages, if any, which
25 they claim to have sustained, and their recovery, if any, should be barred or diminished
26 accordingly.
27 ///
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 2
1 FIFTH AFFIRMATIVE DEFENSE
2 6. As a fifth and separate affirmative defense to the Complaint, this Defendant alleges
3 that this action is barred by virtue of the provisions of the California Government Claims Act,
4 including, but not limited to California Government Code §§815, 815.2, 815.4, 818, 818.2, 818.4,
5 818.6, 818.8, 820.2, 820.4, 820.6, 820.8, 821, 821.2, 821.4, 821.8, 822.2, 830, 830.2, 830.4, 830.5,
6 830.6, 830.8, 831, 831.2, 831.25, 831.3, 831.4, 831.7, 831.8, 835, 835.2, 835.4, 840 and 840.6.
7 SIXTH AFFIRMATIVE DEFENSE
8 7. As a sixth and separate affirmative defense to the Complaint, this Defendant alleges
9 that this action is barred by virtue of the provisions of the Statute of Limitations and, in particular,
10 the provisions of California Code of Civil Procedure Sections 313 through 349.4 including, but not
11 limited to §§ 313, 335.1, 337.1, 337.15, 338, 338(j), 339, 340 and 342.
12 SEVENTH AFFIRMATIVE DEFENSE
1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
TELEPHONE (650) 365-7715
13 8. As a seventh and separate affirmative defense to the Complaint, this Defendant
SAN MATEO, CA 94403
14 alleges that Plaintiffs’ causes of action are barred by virtue of their failure to comply with
15 Government Code §§ 900 et seq. and particularly, Government Code §§ 901, 905, 910, 911.2,
16 911.4, 915, 935, 945.6, 945.8 and 946.6.
17 EIGHTH AFFIRMATIVE DEFENSE
18 9. As an eighth and separate affirmative defense to the Complaint, this Defendant
19 alleges that had Plaintiffs’ decedents conducted a reasonable investigation of the property at issue
20 in this litigation prior to entering or using such property, they would have discovered the
21 underlying existing condition in the property that led to the injuries and damages alleged in the
22 Complaint.
23 NINTH AFFIRMATIVE DEFENSE
24 10. As a ninth and separate affirmative defense to the Complaint, this Defendant alleges
25 by virtue of Plaintiffs’ decedents’ affirmative conduct Plaintiffs are estopped from making any
26 claim against this Defendant by reason of the doctrine of estoppel.
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 3
1 TENTH AFFIRMATIVE DEFENSE
2 11. As a tenth and separate affirmative defense to the Complaint, this Defendant alleges
3 that Plaintiffs, and each of them, lack standing to maintain this action.
4 ELEVENTH AFFIRMATIVE DEFENSE
5 12. As an eleventh and separate affirmative defense to the Complaint, this Defendant
6 alleges that this claim is barred by the doctrine of laches.
7 TWELFTH AFFIRMATIVE DEFENSE
8 13. As a twelfth and separate affirmative defense to the Complaint, this Defendant
9 alleges that Plaintiffs have waived their right to maintain this action.
10 THIRTEENTH AFFIRMATIVE DEFENSE
11 14. As a thirteenth and separate affirmative defense to the Complaint, this Defendant
12 alleges that Plaintiffs’ decedents consented to any and all acts of the Defendant, and that such
1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
TELEPHONE (650) 365-7715
13 consent was express and/or implied.
SAN MATEO, CA 94403
14 FOURTEENTH AFFIRMATIVE DEFENSE
15 15. As a fourteenth and separate affirmative defense to the Complaint, this Defendant
16 alleges that Plaintiff’s complaint, and each cause of action thereof, is barred by virtue of Plaintiffs’
17 decedents’ conduct in causing the damages, if any, alleged by plaintiff under the doctrine of unclean
18 hands.
19 FIFTEENTH AFFIRMATIVE DEFENSE
20 16. As a fifteenth and separate affirmative defense to the Complaint, this Defendant
21 alleges that, as a matter of law, Defendant's conduct was not the legal, proximate or other cause of
22 Plaintiffs’ alleged injury or damages.
23 SIXTEENTH AFFIRMATIVE DEFENSE
24 17. As a sixteenth and separate affirmative defense to the Complaint, this Defendant
25 alleges that it has no independent knowledge, as of the filing of this answer, of all the facts
26 allegedly constituting the causes of action in Plaintiffs’ complaint, and based thereon, hereby
27 respectfully requests leave of court to amend this answer to include those affirmative defenses that
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 4
1 are revealed during the course of this answering Defendant's discovery.
2 SEVENTEENTH AFFIRMATIVE DEFENSE
3 18. As a seventeenth and separate affirmative defense to the Complaint, this Defendant
4 alleges that because the conditions alleged in the Complaint did not create a substantial risk of
5 injury when such property or adjacent property is used with due care in a manner in which it is
6 reasonably foreseeable that it will be used, there can be no dangerous condition of public property
7 for which Defendant may be liable to Plaintiffs.
8 EIGHTEENTH AFFIRMATIVE DEFENSE
9 19. As an eighteenth and separate affirmative defense to the Complaint, this Defendant
10 alleges that the causes of action are frivolous, unreasonable and without foundation and therefore
11 Defendant is entitled to attorneys’ fees and costs pursuant to Code of Civil Procedure § 1038.
12 NINETEENTH AFFIRMATIVE DEFENSE
1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
TELEPHONE (650) 365-7715
13 20. As a nineteenth affirmative defense to the Complaint, this Defendant alleges that the
SAN MATEO, CA 94403
14 damages and injuries claimed by Plaintiffs were caused by a natural occurrence.
15 TWENTIETH AFFIRMATIVE DEFENSE
16 21. As a twentieth affirmative defense to the Complaint, this Defendant alleges that
17 Plaintiffs’ action is barred by virtue of the provisions of California Civil Code §846.
18 WHEREFORE, this answering Defendant prays that Plaintiffs take nothing by their
19 Complaint, for costs of suit incurred herein, and for such other and further relief as to the Court
20 may deem reasonable and proper.
21 RIDLEY♦MASTER
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24 Date: September 8, 2023 By:________________________________________
Todd H. Master
25 Attorneys for Defendant and Cross-Defendant
CITY OF MILLBRAE
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 5
1 Regina Glorioso-Emerson, et al. v. City of Millbrae, et al.
San Mateo County Superior Court; Case No. 22-CIV-05181
2
3 CERTIFICATE OF SERVICE
4 STATE OF CALIFORNIA, COUNTY OF SAN MATEO:
5
I am a citizen of the United States and employed in the county aforesaid; I am over the age
6 of eighteen years, and not a party to the within action; my business address is 1900 O’Farrell
Street, Suite 280, San Mateo, CA 94403. On the date set forth below I served the DEFENDANT
7 CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
on the following person(s) in this action:
8
9
Robert J. Ounjian ATTORNEYS FOR PLAINTIFFS
10 Michael "Mikey" Geragos REGINA GLORIOSO-EMERSON;
Carpenter & Zuckerman ESTATE OF ROLANDO GLORIOSO;
11 8827 West Olympic Boulevard CHRISTIAN CUNANAN;
Beverly Hills, CA 90211 KATRYNE PIOQUINTO;
12
1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
Telephone: (310) 273-1230 JOHN MATTHEW CUNANAN; and
TELEPHONE (650) 365-7715
13 Fax: (310) 858-1063 ESTATE OF SUSANA GLORIOSO
SAN MATEO, CA 94403
Email: robert@cz.law
14 Email: mgeragos@cz.law
Angela Sexson, Legal Assistant
15 Email: angela@cz.law
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17 Lemuel L. Garcia ATTORNEYS FOR PLAINTIFFS
Lem Garcia Law, PC REGINA GLORIOSO-EMERSON;
18 1720 West Cameron Avenue, Suite 210 ESTATE OF ROLANDO GLORIOSO;
West Covina, CA 91790 CHRISTIAN CUNANAN;
19 Telephone: (626) 337-1111 KATRYNE PIOQUINTO;
20 Fax: (626) 337-1112 JOHN MATTHEW CUNANAN; and
Email: lem@lemgarcialaw.com ESTATE OF SUSANA GLORIOSO
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22 Kenneth D. Simoncini ATTORNEYS FOR DEFENDANT
Eric Steinle SAN MATEO COUNTY TRANSIT
23
Simoncini & Associates DISTRICT and
24 1694 The Alameda PENINSULA CORRIDOR JOINT
San Jose, CA 95126-2219 POWERS BOARD
25 Telephone: (408) 280-7711
Fax: (408) 280-1330
26
Email: kds@simoncini-law.com
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 6
1 Christopher J. Nevis ATTORNEYS FOR DEFENDANT
Steffanie A. Malla SAN FRANCISCO AREA RAPID
2 LEWIS BRISBOIS BISGAARD & SMITH TRANSIT DISTRICT
3 LLP
45 Fremont Street, Suite 3000
4 San Francisco, California 94105
Telephone: (415) 362-2580
5 Facsimile: (415) 434-0882
Email: Christopher.Nevis@lewisbrisbois.com
6
Email: Steffanie.Malla@lewisbrisbois.com
7 Lucia Suazo, Secretary
Email: lucia.suazo@lewisbrisbois.com
8
Kevin Holl ATTORNEYS FOR DEFENDANT
9
Erin Muniga CITY AND COUNTY OF
10 Gordon-Creed, Kelley, Holl, Angel & SAN FRANCISCO
Sugerman, LLP
11 50 California Street, 34th Floor
San Francisco, CA 94111
12
1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
Telephone: (415) 421-3100
TELEPHONE (650) 365-7715
13 Fax: (415) 415-3150
SAN MATEO, CA 94403
Email: Holl@gkhs.com
14 Email: muniga@gkhs.com
Linda J. Halperin
15 Legal Assistant
Direct (415) 969-6762
16
Email: Linda@gkhs.com
17 BY ELECTRONIC SERVICE, ONLY—Based on (1) a court order; or (2) agreement of the parties herein to accept
electronic service; or (3) notice of service by electronic mail due to Coronavirus (COVID-19), I caused the above-
18 described document(s) to be sent electronically, addressed to the person(s) on whom it is to be served, at the email
address(es) shown on the above Service List.”
19
(VIA MAIL -- CCP §§ 1013(a), 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as
20 above, and placing each for collection and mailing on that date following ordinary business practices. I am readily familiar
with my firm's business practice of collection and processing of correspondence for mailing with the U.S. Postal Service
and correspondence placed for collection and mailing would be deposited in the U.S. Postal Service at San Mateo, California,
21 with postage thereon fully prepaid, that same day in the ordinary course of business.
22 (VIA PERSONAL DELIVERY -- CCP §§ 1011, 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s),
addressed as above, and causing each envelope(s) to be hand delivered on that day by , in the ordinary course of my
23 firm's business practice.
24 (VIA OVERNIGHT MAIL/COURIER -- CCP §§ 1013(c), 2015.5) By placing a true copy thereof enclosed in a sealed
envelope(s), addressed as above, and placing each for collection by overnight mail service or overnight courier service. I
am familiar with my firm's business practice of collection and processing of correspondence for overnight mail or overnight
25 courier service, and my correspondence placed for collection for overnight delivery would, in the ordinary course of
business, be delivered to an authorized courier or driver authorized by the overnight mail carrier to receive documents, with
26 delivery fees paid or provided for, that same day, for delivery on the following business day.
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 7
1 I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made. Executed on September 8, 2023, at San Mateo, California.
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1900 OFARRELL STREET, SUITE 280
RIDLEY♦MASTER
TELEPHONE (650) 365-7715
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SAN MATEO, CA 94403
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DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT;
Case No. 22-CIV-05181 8
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1 TODD H. MASTER [SBN. 185881] Exempt from Filing Fees RIDLEY♦MASTER Pursuant to Government 2 1900 O’Farrell Street, Suite 280 Code Section 6103 San Mateo, CA 94403 3 Telephone: (650) 365-7715 Facsimile: (650) 364-5297 4 Email: tmaster@hrmrlaw.com 5 Attorneys for Defendant and Cross-Defendant 9/8/2023 CITY OF MILLBRAE 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 9 IN AND FOR THE COUNTY OF SAN MATEO 10 REGINA GLORIOSO-EMERSON, ESTATE Case No. 22-CIV-05181 11 OF ROLANDO GLORIOSO, CHRISTIAN 12 CUNANAN, KATRYNE PIOQUINTO, ASSIGNED FOR ALL PURPOSES TO: 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER JOHN MATTHEW CUNANAN and The Honorable Robert D. Foiles, Dept. 21 TELEPHONE (650) 365-7715 13 ESTATE OF SUSANA GLORIOSO, SAN MATEO, CA 94403 DEFENDANT CITY OF MILLBRAE’S 14 Plaintiffs, ANSWER TO PLAINTIFFS’ FIRST vs. AMENDED COMPLAINT 15 16 CITY OF MILLBRAE, et al., 17 Defendants. 18 19 AND RELATED CROSS-ACTIONS 20 21 COMES NOW Defendant CITY OF MILLBRAE (“Defendant”) and hereby answers the 22 unverified First Amended Complaint (“Complaint”) of Plaintiffs REGINA GLORIOSO- 23 EMERSON, ESTATE OF ROLANDO GLORIOSO, CHRISTIAN CUNANAN; KATRYNE 24 PIOQUINTO, JOHN MATTHEW CUNANAN, AND ESTATE OF SUSANA GLORIOSO 25 26 (hereinafter, collectively referred to as “Plaintiffs”), and admits, denies and alleges as follows: 27 /// 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 1 1 GENERAL DENIAL 2 1. Pursuant to California Code of Civil Procedure Section 431.30(d), Defendant 3 denies, generally and specifically, each and every material allegation, statement, matter and 4 purported cause of action contained in Plaintiffs’ Complaint. Defendant further denies, generally 5 and specifically, that Plaintiffs have been damaged in the manner or sums alleged, or in any way at 6 all, by reason of any acts or omissions of this Defendant. 7 FIRST AFFIRMATIVE DEFENSE 8 2. As a first and separate affirmative defense to the Complaint, this Defendant alleges 9 that the Complaint fails to state a cause of action against this Defendant. 10 SECOND AFFIRMATIVE DEFENSE 11 3. As a second and separate affirmative defense to the Complaint, this Defendant 12 denies any wrongdoing, negligence or liability on its part but, should it be determined that this 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER TELEPHONE (650) 365-7715 13 Defendant is liable to Plaintiffs, and/or any of them, then this Defendant alleges that Plaintiffs, SAN MATEO, CA 94403 14 and/or any of them, including Plaintiffs’ decedents, were also legally at fault, and possibly others 15 as well, and thus any recovery that might otherwise be rendered against this Defendant must be 16 reduced by that percentage which reflects the comparative fault of others. 17 THIRD AFFIRMATIVE DEFENSE 18 4. As a third and separate affirmative defense to the Complaint, this Defendant alleges 19 that Plaintiffs’ decedents acted with full knowledge of all the facts and circumstances surrounding 20 their injuries and claimed damages and that said matters for which Plaintiffs’ decedents assumed 21 the risk proximately contributed to and proximately caused their injuries and claimed damages. 22 FOURTH AFFIRMATIVE DEFENSE 23 5. As a fourth and separate affirmative defense to the Complaint, this Defendant 24 alleges that Plaintiffs, and each of them, have failed to mitigate the alleged damages, if any, which 25 they claim to have sustained, and their recovery, if any, should be barred or diminished 26 accordingly. 27 /// 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 2 1 FIFTH AFFIRMATIVE DEFENSE 2 6. As a fifth and separate affirmative defense to the Complaint, this Defendant alleges 3 that this action is barred by virtue of the provisions of the California Government Claims Act, 4 including, but not limited to California Government Code §§815, 815.2, 815.4, 818, 818.2, 818.4, 5 818.6, 818.8, 820.2, 820.4, 820.6, 820.8, 821, 821.2, 821.4, 821.8, 822.2, 830, 830.2, 830.4, 830.5, 6 830.6, 830.8, 831, 831.2, 831.25, 831.3, 831.4, 831.7, 831.8, 835, 835.2, 835.4, 840 and 840.6. 7 SIXTH AFFIRMATIVE DEFENSE 8 7. As a sixth and separate affirmative defense to the Complaint, this Defendant alleges 9 that this action is barred by virtue of the provisions of the Statute of Limitations and, in particular, 10 the provisions of California Code of Civil Procedure Sections 313 through 349.4 including, but not 11 limited to §§ 313, 335.1, 337.1, 337.15, 338, 338(j), 339, 340 and 342. 12 SEVENTH AFFIRMATIVE DEFENSE 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER TELEPHONE (650) 365-7715 13 8. As a seventh and separate affirmative defense to the Complaint, this Defendant SAN MATEO, CA 94403 14 alleges that Plaintiffs’ causes of action are barred by virtue of their failure to comply with 15 Government Code §§ 900 et seq. and particularly, Government Code §§ 901, 905, 910, 911.2, 16 911.4, 915, 935, 945.6, 945.8 and 946.6. 17 EIGHTH AFFIRMATIVE DEFENSE 18 9. As an eighth and separate affirmative defense to the Complaint, this Defendant 19 alleges that had Plaintiffs’ decedents conducted a reasonable investigation of the property at issue 20 in this litigation prior to entering or using such property, they would have discovered the 21 underlying existing condition in the property that led to the injuries and damages alleged in the 22 Complaint. 23 NINTH AFFIRMATIVE DEFENSE 24 10. As a ninth and separate affirmative defense to the Complaint, this Defendant alleges 25 by virtue of Plaintiffs’ decedents’ affirmative conduct Plaintiffs are estopped from making any 26 claim against this Defendant by reason of the doctrine of estoppel. 27 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 3 1 TENTH AFFIRMATIVE DEFENSE 2 11. As a tenth and separate affirmative defense to the Complaint, this Defendant alleges 3 that Plaintiffs, and each of them, lack standing to maintain this action. 4 ELEVENTH AFFIRMATIVE DEFENSE 5 12. As an eleventh and separate affirmative defense to the Complaint, this Defendant 6 alleges that this claim is barred by the doctrine of laches. 7 TWELFTH AFFIRMATIVE DEFENSE 8 13. As a twelfth and separate affirmative defense to the Complaint, this Defendant 9 alleges that Plaintiffs have waived their right to maintain this action. 10 THIRTEENTH AFFIRMATIVE DEFENSE 11 14. As a thirteenth and separate affirmative defense to the Complaint, this Defendant 12 alleges that Plaintiffs’ decedents consented to any and all acts of the Defendant, and that such 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER TELEPHONE (650) 365-7715 13 consent was express and/or implied. SAN MATEO, CA 94403 14 FOURTEENTH AFFIRMATIVE DEFENSE 15 15. As a fourteenth and separate affirmative defense to the Complaint, this Defendant 16 alleges that Plaintiff’s complaint, and each cause of action thereof, is barred by virtue of Plaintiffs’ 17 decedents’ conduct in causing the damages, if any, alleged by plaintiff under the doctrine of unclean 18 hands. 19 FIFTEENTH AFFIRMATIVE DEFENSE 20 16. As a fifteenth and separate affirmative defense to the Complaint, this Defendant 21 alleges that, as a matter of law, Defendant's conduct was not the legal, proximate or other cause of 22 Plaintiffs’ alleged injury or damages. 23 SIXTEENTH AFFIRMATIVE DEFENSE 24 17. As a sixteenth and separate affirmative defense to the Complaint, this Defendant 25 alleges that it has no independent knowledge, as of the filing of this answer, of all the facts 26 allegedly constituting the causes of action in Plaintiffs’ complaint, and based thereon, hereby 27 respectfully requests leave of court to amend this answer to include those affirmative defenses that 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 4 1 are revealed during the course of this answering Defendant's discovery. 2 SEVENTEENTH AFFIRMATIVE DEFENSE 3 18. As a seventeenth and separate affirmative defense to the Complaint, this Defendant 4 alleges that because the conditions alleged in the Complaint did not create a substantial risk of 5 injury when such property or adjacent property is used with due care in a manner in which it is 6 reasonably foreseeable that it will be used, there can be no dangerous condition of public property 7 for which Defendant may be liable to Plaintiffs. 8 EIGHTEENTH AFFIRMATIVE DEFENSE 9 19. As an eighteenth and separate affirmative defense to the Complaint, this Defendant 10 alleges that the causes of action are frivolous, unreasonable and without foundation and therefore 11 Defendant is entitled to attorneys’ fees and costs pursuant to Code of Civil Procedure § 1038. 12 NINETEENTH AFFIRMATIVE DEFENSE 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER TELEPHONE (650) 365-7715 13 20. As a nineteenth affirmative defense to the Complaint, this Defendant alleges that the SAN MATEO, CA 94403 14 damages and injuries claimed by Plaintiffs were caused by a natural occurrence. 15 TWENTIETH AFFIRMATIVE DEFENSE 16 21. As a twentieth affirmative defense to the Complaint, this Defendant alleges that 17 Plaintiffs’ action is barred by virtue of the provisions of California Civil Code §846. 18 WHEREFORE, this answering Defendant prays that Plaintiffs take nothing by their 19 Complaint, for costs of suit incurred herein, and for such other and further relief as to the Court 20 may deem reasonable and proper. 21 RIDLEY♦MASTER 22 23 24 Date: September 8, 2023 By:________________________________________ Todd H. Master 25 Attorneys for Defendant and Cross-Defendant CITY OF MILLBRAE 26 27 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 5 1 Regina Glorioso-Emerson, et al. v. City of Millbrae, et al. San Mateo County Superior Court; Case No. 22-CIV-05181 2 3 CERTIFICATE OF SERVICE 4 STATE OF CALIFORNIA, COUNTY OF SAN MATEO: 5 I am a citizen of the United States and employed in the county aforesaid; I am over the age 6 of eighteen years, and not a party to the within action; my business address is 1900 O’Farrell Street, Suite 280, San Mateo, CA 94403. On the date set forth below I served the DEFENDANT 7 CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT on the following person(s) in this action: 8 9 Robert J. Ounjian ATTORNEYS FOR PLAINTIFFS 10 Michael "Mikey" Geragos REGINA GLORIOSO-EMERSON; Carpenter & Zuckerman ESTATE OF ROLANDO GLORIOSO; 11 8827 West Olympic Boulevard CHRISTIAN CUNANAN; Beverly Hills, CA 90211 KATRYNE PIOQUINTO; 12 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER Telephone: (310) 273-1230 JOHN MATTHEW CUNANAN; and TELEPHONE (650) 365-7715 13 Fax: (310) 858-1063 ESTATE OF SUSANA GLORIOSO SAN MATEO, CA 94403 Email: robert@cz.law 14 Email: mgeragos@cz.law Angela Sexson, Legal Assistant 15 Email: angela@cz.law 16 17 Lemuel L. Garcia ATTORNEYS FOR PLAINTIFFS Lem Garcia Law, PC REGINA GLORIOSO-EMERSON; 18 1720 West Cameron Avenue, Suite 210 ESTATE OF ROLANDO GLORIOSO; West Covina, CA 91790 CHRISTIAN CUNANAN; 19 Telephone: (626) 337-1111 KATRYNE PIOQUINTO; 20 Fax: (626) 337-1112 JOHN MATTHEW CUNANAN; and Email: lem@lemgarcialaw.com ESTATE OF SUSANA GLORIOSO 21 22 Kenneth D. Simoncini ATTORNEYS FOR DEFENDANT Eric Steinle SAN MATEO COUNTY TRANSIT 23 Simoncini & Associates DISTRICT and 24 1694 The Alameda PENINSULA CORRIDOR JOINT San Jose, CA 95126-2219 POWERS BOARD 25 Telephone: (408) 280-7711 Fax: (408) 280-1330 26 Email: kds@simoncini-law.com 27 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 6 1 Christopher J. Nevis ATTORNEYS FOR DEFENDANT Steffanie A. Malla SAN FRANCISCO AREA RAPID 2 LEWIS BRISBOIS BISGAARD & SMITH TRANSIT DISTRICT 3 LLP 45 Fremont Street, Suite 3000 4 San Francisco, California 94105 Telephone: (415) 362-2580 5 Facsimile: (415) 434-0882 Email: Christopher.Nevis@lewisbrisbois.com 6 Email: Steffanie.Malla@lewisbrisbois.com 7 Lucia Suazo, Secretary Email: lucia.suazo@lewisbrisbois.com 8 Kevin Holl ATTORNEYS FOR DEFENDANT 9 Erin Muniga CITY AND COUNTY OF 10 Gordon-Creed, Kelley, Holl, Angel & SAN FRANCISCO Sugerman, LLP 11 50 California Street, 34th Floor San Francisco, CA 94111 12 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER Telephone: (415) 421-3100 TELEPHONE (650) 365-7715 13 Fax: (415) 415-3150 SAN MATEO, CA 94403 Email: Holl@gkhs.com 14 Email: muniga@gkhs.com Linda J. Halperin 15 Legal Assistant Direct (415) 969-6762 16 Email: Linda@gkhs.com 17 BY ELECTRONIC SERVICE, ONLY—Based on (1) a court order; or (2) agreement of the parties herein to accept electronic service; or (3) notice of service by electronic mail due to Coronavirus (COVID-19), I caused the above- 18 described document(s) to be sent electronically, addressed to the person(s) on whom it is to be served, at the email address(es) shown on the above Service List.” 19 (VIA MAIL -- CCP §§ 1013(a), 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as 20 above, and placing each for collection and mailing on that date following ordinary business practices. I am readily familiar with my firm's business practice of collection and processing of correspondence for mailing with the U.S. Postal Service and correspondence placed for collection and mailing would be deposited in the U.S. Postal Service at San Mateo, California, 21 with postage thereon fully prepaid, that same day in the ordinary course of business. 22 (VIA PERSONAL DELIVERY -- CCP §§ 1011, 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and causing each envelope(s) to be hand delivered on that day by , in the ordinary course of my 23 firm's business practice. 24 (VIA OVERNIGHT MAIL/COURIER -- CCP §§ 1013(c), 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and placing each for collection by overnight mail service or overnight courier service. I am familiar with my firm's business practice of collection and processing of correspondence for overnight mail or overnight 25 courier service, and my correspondence placed for collection for overnight delivery would, in the ordinary course of business, be delivered to an authorized courier or driver authorized by the overnight mail carrier to receive documents, with 26 delivery fees paid or provided for, that same day, for delivery on the following business day. 27 /// 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 7 1 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on September 8, 2023, at San Mateo, California. 2 3 4 5 Faith Kelly 6 7 8 9 10 11 12 1900 OFARRELL STREET, SUITE 280 RIDLEY♦MASTER TELEPHONE (650) 365-7715 13 SAN MATEO, CA 94403 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________ DEFENDANT CITY OF MILLBRAE’S ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; Case No. 22-CIV-05181 8