Preview
1 LEWIS BRISBOIS BISGAARD & SMITH LLP
BRIAN C. VANDERHOOF, SB# 248511
2 E-Mail: Brian.Vanderhoof@lewisbrisbois.com
JONATHAN WON, SB# 293910
3 E-Mail: Jonathan.Won@lewisbrisbois.com
45 Fremont Street, Suite 3000
4 San Francisco, California 94105
Telephone: 213.680.5064
5 Facsimile: 213.250.7900
6 Attorneys for Defendant
FORD MOTOR COMPANY
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF KERN
10
11 LYNETTE VANCE AND EDWARD CASE NO: BCV-24-101036
VANCE,
12 DEFENDANT FORD MOTOR
Plaintiffs, COMPANY’S ANSWER TO COMPLAINT
13
vs. Judge Thomas S. Clark, Dept. 17
14
FORD MOTOR COMPANY; JIM BURKE Complaint Filed: 3/22/2024
15 FORD; and DOES 1 through 10, inclusive,
16 Defendants.
17
18 Defendant FORD MOTOR COMPANY (“Defendant”) hereby responds to the Complaint
19 (“Complaint”) filed by Plaintiffs LYNETTE VANCE and EDWARD VANCE (“Plaintiffs”) as
20 follows:
21 Pursuant to California Code of Civil Procedure section 431.30, Defendant hereby generally
22 denies each and every allegation in the Complaint and further denies that Plaintiffs has been
23 damaged in any sum whatsoever.
24
FIRST AFFIRMATIVE DEFENSE
25
(Disclaimer of Warranties)
26
Plaintiffs’ cause of action for breach of express warranty and incidental and consequential
27
damages is barred by the express disclaimers and limitations of liability contained in the alleged
28
139812241.1 -1-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
1 express warranties.
2
SECOND AFFIRMATIVE DEFENSE
3
(Comparative Fault)
4
If Plaintiffs sustained any damages as alleged in the Complaint, such damage was
5
proximately caused and contributed to by Plaintiffs’ failure to conduct themselves in a manner
6
ordinarily expected of a reasonably prudent person in the conduct of their affairs and business. The
7
contributory negligence and fault of Plaintiffs diminishes any recovery herein.
8
9 THIRD AFFIRMATIVE DEFENSE
10 (Contributory Negligence of Third Parties)
11 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was
12 proximately caused and contributed to by persons and/or parties, other than this answering
13 Defendant, by failing to conduct themselves in a manner ordinarily expected of reasonably prudent
14 persons in the conduct of their affairs and business. Contributory negligence and fault of persons
15 and/or parties, other than this answering Defendant, diminishes any recovery from this answering
16 Defendant.
17
FOURTH AFFIRMATIVE DEFENSE
18
(Statute of Limitations)
19
Any cause of action alleged in the Complaint is barred by the statute of limitations, including,
20
but not limited to, Code of Civil Procedure sections 337, 338, 338.1 and 340 and/or Commercial
21
Code section 2725.
22
23 FIFTH AFFIRMATIVE DEFENSE
24 (Failure to Mitigate Damages)
25 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was
26 proximately caused and contributed to by Plaintiffs’ failure to mitigate damages. Plaintiffs’ failure
27 to mitigate damages diminishes any recovery herein.
28
139812241.1 -2-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
1 SIXTH AFFIRMATIVE DEFENSE
2 (Estoppel)
3 Defendant is informed and believes and based thereon alleges that Plaintiffs have engaged
4 in conduct and activities sufficient to estop them from asserting all or any part of the claim set forth
5 in Plaintiffs’ Complaint.
6
SEVENTH AFFIRMATIVE DEFENSE
7
(Unclean Hands)
8
Defendant is informed and believes and based thereon alleges that the claims and relief
9
sought by Plaintiffs are barred by reason of the doctrine of unclean hands.
10
11 EIGHTH AFFIRMATIVE DEFENSE
12 (Waiver)
13 Defendant is informed and believes and based thereon alleges that the Plaintiffs have
14 engaged in conduct and activities sufficient to constitute a waiver of any alleged breach of contract,
15 breach of warranty, negligence or any other conduct as set forth in the Complaint.
16
NINTH AFFIRMATIVE DEFENSE
17
(Laches)
18
Defendant is informed and believes and based thereon alleges that the Plaintiffs waited an
19
unreasonable period of time to complain of the alleged acts or omissions at issue in the Complaint
20
so as to prejudice this answering Defendant. Plaintiffs are therefore guilty of laches and are barred
21
from recovery.
22
23 TENTH AFFIRMATIVE DEFENSE
24 (Failure of Performance)
25 Defendant is informed and believes and based thereon alleges that any failure to perform the
26 obligations as described in the Complaint resulted from Plaintiffs’ failure to perform as required by
27 the contract and/or warranty. Plaintiffs’ performance was a condition precedent to the performance
28
139812241.1 -3-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
1 of Defendant’s obligations.
2
ELEVENTH AFFIRMATIVE DEFENSE
3
(Alteration of Product)
4
The vehicle was not defective or in an unmerchantable condition at any time when it left the
5
possession, custody and control of Defendants. Any alleged damage or defect to the subject
6
automobile was caused and created by changes and alterations made to the vehicle, subsequent to
7
the vehicle’s manufacture and/or sale by persons other than Defendants or any of their agents,
8
servants, or employees, thereby barring Plaintiffs’ recovery herein.
9
10 TWELFTH AFFIRMATIVE DEFENSE
11 (Failure to State Cause of Action for Civil Penalties)
12 The Complaint fails to state sufficient facts to warrant the imposition of civil penalties
13 because it was believed that replacement or repurchase of the subject vehicle was not appropriate
14 under the circumstances then known.
15
THIRTEENTH AFFIRMATIVE DEFENSE
16
(Civil Penalties)
17
Any cause of action alleged in the Complaint seeking civil penalties is barred by the statute
18
of limitations contained in the Code of Civil Procedure, specifically, section 340.
19
20 FOURTEENTH AFFIRMATIVE DEFENSE
21 (Consent)
22 The repair process to Plaintiffs’ vehicle was appropriate and proper and is believed to have
23 been done with Plaintiffs’ consent.
24
FIFTEENTH AFFIRMATIVE DEFENSE
25
(Abuse or Failure to Maintain)
26
Plaintiffs are barred from recovery by virtue of Civil Code section 1794.3 since the claimed
27
defect or nonconformity was caused by the unauthorized or unreasonable use of the vehicle
28
139812241.1 -4-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
1 following sale.
2
SIXTEENTH AFFIRMATIVE DEFENSE
3
(Civil Code 1791.1(c)-Implied Warranty)
4
Each and every cause of action based upon breach of implied warranty is barred by virtue of
5
Civil Code section 1791.1(c).
6
7 SEVENTEENTH AFFIRMATIVE DEFENSE
8 (Failure to Provide Reasonable Opportunity to Repair)
9 Plaintiffs are precluded from any recovery pursuant to the Song-Beverly Consumer
10 Warranty Act as Plaintiffs failed and refused to provide a reasonable opportunity to repair.
11
EIGHTEENTH AFFIRMATIVE DEFENSE
12
(Qualified Third Party Dispute Resolution Process)
13
Defendant maintains a third party dispute resolution process which substantially complies
14
with Civil Code section 1793.22. Defendant is informed and believes, and based thereon alleges,
15
that Plaintiffs received timely and appropriate notice of the availability of the process. Plaintiffs are
16
therefore barred from asserting the presumptions set forth in Civil Code section 1793.2 and from
17
recovering civil penalties pursuant to Civil Code section 1794((e).
18
19 NINETEENTH AFFIRMATIVE DEFENSE
20 (Failure to Provide Notice)
21 Defendant is informed and believes, and based thereon alleges, that Plaintiffs failed to
22 provide notice to this answering Defendant pursuant to Civil Code section 1794(e)(3). Plaintiffs are
23 therefore barred from asserting the presumptions set forth in Civil Code section 1793.22 and from
24 recovering civil penalties pursuant to Civil Code section 1794((e).
25 ///
26 ///
27 ///
28
139812241.1 -5-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
1 TWENTIETH AFFIRMATIVE DEFENSE
2 (Right to Arbitrate)
3 Defendant is informed and believes, and based thereon alleges, that Plaintiffs entered into a
4 binding arbitration agreement with Defendant Ford and/or the dealership from which Plaintiffs
5 purchased the vehicle. Defendant, therefore, may elect to exercise its right and pursue resolution of
6 this dispute through arbitration.
7
TWENTY-FIRST AFFIRMATIVE DEFENSE
8
(Economic Loss Rule)
9
Because Plaintiffs cannot establish any physical injury directly resulting from any alleged
10
defect or nonconformity in the subject vehicle, Plaintiffs’ claims are barred in whole or in part by
11
the economic loss rule.
12
13 TWENTY-SECOND AFFIRMATIVE DEFENSE
14 (Prevention of Performance)
15 Because Plaintiffs’ actions both prevented and excused Defendant’s performance under the
16 Song-Beverly Act and any and all applicable warranties, Plaintiffs’ claims are barred in whole or in
17 part by the prevention of performance doctrine.
18
19 TWENTY-THIRD AFFIRMATIVE DEFENSE
20 (Additional Defenses)
21 Defendant alleges that it may have additional affirmative defenses available to it of which it
22 is not now fully aware. Defendant reserves the right to assert affirmative defenses after the same
23 shall have been ascertained.
24
25 PRAYER
26
WHEREFORE, Defendant FORD MOTOR COMPANY prays as follows:
27
1. That Plaintiffs take nothing by way of their Complaint on file herein;
28
139812241.1 -6-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
1 2. That judgment be entered in favor of Defendant for costs of suit; and,
2 3. For such other and further relief as the Court may deem just and proper.
3
DATED: May 6, 2024
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
5
6
By:
7 BRIAN C. VANDERHOOF
JONATHAN WON
8
Attorneys for Defendant FORD MOTOR
9 COMPANY
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
139812241.1 -7-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
CALIFORNIA STATE COURT PROOF OF SERVICE
1 Lynette and Edward Vance, et al. v Ford Motor Company
Case No. BCV-24-101036| LBBS Matter No. Pending
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
At the time of service, I was over 18 years of age and not a party to this action. My
4 business address is 633 West 5th Street, Suite 4000, Los Angeles, CA 90071.
5 On May 3, 2024, I served true copies of the following document(s): DEFENDANT FORD
MOTOR COMPANY’S ANSWER TO COMPLAINT
6
I served the documents on the following persons at the following addresses (including fax
7 numbers and e-mail addresses, if applicable):
8 Tionna Carvalho, Esq. ATTORNEYS FOR PLAINTIFFS, LYNETTE
Sanam Vaziri, Esq. VANCE AND EDWARD VANCE
9 STRATEGIC LEGAL PRACTICES, APC
1888 Century Park East, 19th Floor
10 Los Angeles, CA 90067
T: (310) 929-4900
11 F: (310) 943-3838
tcarvalho@slpattorney.com
12 svaziri@slpattorney.com
emailservices@slpattorney.com
13
The documents were served by the following means:
14
(BY ELECTRONIC TRANSMISSION ONLY) Only by e-mailing the document(s) to the
15 persons at the e-mail address(es) listed above based on notice provided on March 16, 2020
that, during the Coronavirus (COVID-19) pandemic, this office will be working remotely,
16 not able to send physical mail as usual, and is therefore using only electronic mail. No
electronic message or other indication that the transmission was unsuccessful was received
17 within a reasonable time after the transmission.
18 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
19
Executed on May 3, 2024, at Los Angeles, California.
20
21
Tammi L. Jones
22 TAMMI L. JONES
23
24
25
26
27
28
139812241.1 -8-
DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT
Preview
1 LEWIS BRISBOIS BISGAARD & SMITH LLP BRIAN C. VANDERHOOF, SB# 248511 2 E-Mail: Brian.Vanderhoof@lewisbrisbois.com JONATHAN WON, SB# 293910 3 E-Mail: Jonathan.Won@lewisbrisbois.com 45 Fremont Street, Suite 3000 4 San Francisco, California 94105 Telephone: 213.680.5064 5 Facsimile: 213.250.7900 6 Attorneys for Defendant FORD MOTOR COMPANY 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN 10 11 LYNETTE VANCE AND EDWARD CASE NO: BCV-24-101036 VANCE, 12 DEFENDANT FORD MOTOR Plaintiffs, COMPANY’S ANSWER TO COMPLAINT 13 vs. Judge Thomas S. Clark, Dept. 17 14 FORD MOTOR COMPANY; JIM BURKE Complaint Filed: 3/22/2024 15 FORD; and DOES 1 through 10, inclusive, 16 Defendants. 17 18 Defendant FORD MOTOR COMPANY (“Defendant”) hereby responds to the Complaint 19 (“Complaint”) filed by Plaintiffs LYNETTE VANCE and EDWARD VANCE (“Plaintiffs”) as 20 follows: 21 Pursuant to California Code of Civil Procedure section 431.30, Defendant hereby generally 22 denies each and every allegation in the Complaint and further denies that Plaintiffs has been 23 damaged in any sum whatsoever. 24 FIRST AFFIRMATIVE DEFENSE 25 (Disclaimer of Warranties) 26 Plaintiffs’ cause of action for breach of express warranty and incidental and consequential 27 damages is barred by the express disclaimers and limitations of liability contained in the alleged 28 139812241.1 -1- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT 1 express warranties. 2 SECOND AFFIRMATIVE DEFENSE 3 (Comparative Fault) 4 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was 5 proximately caused and contributed to by Plaintiffs’ failure to conduct themselves in a manner 6 ordinarily expected of a reasonably prudent person in the conduct of their affairs and business. The 7 contributory negligence and fault of Plaintiffs diminishes any recovery herein. 8 9 THIRD AFFIRMATIVE DEFENSE 10 (Contributory Negligence of Third Parties) 11 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was 12 proximately caused and contributed to by persons and/or parties, other than this answering 13 Defendant, by failing to conduct themselves in a manner ordinarily expected of reasonably prudent 14 persons in the conduct of their affairs and business. Contributory negligence and fault of persons 15 and/or parties, other than this answering Defendant, diminishes any recovery from this answering 16 Defendant. 17 FOURTH AFFIRMATIVE DEFENSE 18 (Statute of Limitations) 19 Any cause of action alleged in the Complaint is barred by the statute of limitations, including, 20 but not limited to, Code of Civil Procedure sections 337, 338, 338.1 and 340 and/or Commercial 21 Code section 2725. 22 23 FIFTH AFFIRMATIVE DEFENSE 24 (Failure to Mitigate Damages) 25 If Plaintiffs sustained any damages as alleged in the Complaint, such damage was 26 proximately caused and contributed to by Plaintiffs’ failure to mitigate damages. Plaintiffs’ failure 27 to mitigate damages diminishes any recovery herein. 28 139812241.1 -2- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT 1 SIXTH AFFIRMATIVE DEFENSE 2 (Estoppel) 3 Defendant is informed and believes and based thereon alleges that Plaintiffs have engaged 4 in conduct and activities sufficient to estop them from asserting all or any part of the claim set forth 5 in Plaintiffs’ Complaint. 6 SEVENTH AFFIRMATIVE DEFENSE 7 (Unclean Hands) 8 Defendant is informed and believes and based thereon alleges that the claims and relief 9 sought by Plaintiffs are barred by reason of the doctrine of unclean hands. 10 11 EIGHTH AFFIRMATIVE DEFENSE 12 (Waiver) 13 Defendant is informed and believes and based thereon alleges that the Plaintiffs have 14 engaged in conduct and activities sufficient to constitute a waiver of any alleged breach of contract, 15 breach of warranty, negligence or any other conduct as set forth in the Complaint. 16 NINTH AFFIRMATIVE DEFENSE 17 (Laches) 18 Defendant is informed and believes and based thereon alleges that the Plaintiffs waited an 19 unreasonable period of time to complain of the alleged acts or omissions at issue in the Complaint 20 so as to prejudice this answering Defendant. Plaintiffs are therefore guilty of laches and are barred 21 from recovery. 22 23 TENTH AFFIRMATIVE DEFENSE 24 (Failure of Performance) 25 Defendant is informed and believes and based thereon alleges that any failure to perform the 26 obligations as described in the Complaint resulted from Plaintiffs’ failure to perform as required by 27 the contract and/or warranty. Plaintiffs’ performance was a condition precedent to the performance 28 139812241.1 -3- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT 1 of Defendant’s obligations. 2 ELEVENTH AFFIRMATIVE DEFENSE 3 (Alteration of Product) 4 The vehicle was not defective or in an unmerchantable condition at any time when it left the 5 possession, custody and control of Defendants. Any alleged damage or defect to the subject 6 automobile was caused and created by changes and alterations made to the vehicle, subsequent to 7 the vehicle’s manufacture and/or sale by persons other than Defendants or any of their agents, 8 servants, or employees, thereby barring Plaintiffs’ recovery herein. 9 10 TWELFTH AFFIRMATIVE DEFENSE 11 (Failure to State Cause of Action for Civil Penalties) 12 The Complaint fails to state sufficient facts to warrant the imposition of civil penalties 13 because it was believed that replacement or repurchase of the subject vehicle was not appropriate 14 under the circumstances then known. 15 THIRTEENTH AFFIRMATIVE DEFENSE 16 (Civil Penalties) 17 Any cause of action alleged in the Complaint seeking civil penalties is barred by the statute 18 of limitations contained in the Code of Civil Procedure, specifically, section 340. 19 20 FOURTEENTH AFFIRMATIVE DEFENSE 21 (Consent) 22 The repair process to Plaintiffs’ vehicle was appropriate and proper and is believed to have 23 been done with Plaintiffs’ consent. 24 FIFTEENTH AFFIRMATIVE DEFENSE 25 (Abuse or Failure to Maintain) 26 Plaintiffs are barred from recovery by virtue of Civil Code section 1794.3 since the claimed 27 defect or nonconformity was caused by the unauthorized or unreasonable use of the vehicle 28 139812241.1 -4- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT 1 following sale. 2 SIXTEENTH AFFIRMATIVE DEFENSE 3 (Civil Code 1791.1(c)-Implied Warranty) 4 Each and every cause of action based upon breach of implied warranty is barred by virtue of 5 Civil Code section 1791.1(c). 6 7 SEVENTEENTH AFFIRMATIVE DEFENSE 8 (Failure to Provide Reasonable Opportunity to Repair) 9 Plaintiffs are precluded from any recovery pursuant to the Song-Beverly Consumer 10 Warranty Act as Plaintiffs failed and refused to provide a reasonable opportunity to repair. 11 EIGHTEENTH AFFIRMATIVE DEFENSE 12 (Qualified Third Party Dispute Resolution Process) 13 Defendant maintains a third party dispute resolution process which substantially complies 14 with Civil Code section 1793.22. Defendant is informed and believes, and based thereon alleges, 15 that Plaintiffs received timely and appropriate notice of the availability of the process. Plaintiffs are 16 therefore barred from asserting the presumptions set forth in Civil Code section 1793.2 and from 17 recovering civil penalties pursuant to Civil Code section 1794((e). 18 19 NINETEENTH AFFIRMATIVE DEFENSE 20 (Failure to Provide Notice) 21 Defendant is informed and believes, and based thereon alleges, that Plaintiffs failed to 22 provide notice to this answering Defendant pursuant to Civil Code section 1794(e)(3). Plaintiffs are 23 therefore barred from asserting the presumptions set forth in Civil Code section 1793.22 and from 24 recovering civil penalties pursuant to Civil Code section 1794((e). 25 /// 26 /// 27 /// 28 139812241.1 -5- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT 1 TWENTIETH AFFIRMATIVE DEFENSE 2 (Right to Arbitrate) 3 Defendant is informed and believes, and based thereon alleges, that Plaintiffs entered into a 4 binding arbitration agreement with Defendant Ford and/or the dealership from which Plaintiffs 5 purchased the vehicle. Defendant, therefore, may elect to exercise its right and pursue resolution of 6 this dispute through arbitration. 7 TWENTY-FIRST AFFIRMATIVE DEFENSE 8 (Economic Loss Rule) 9 Because Plaintiffs cannot establish any physical injury directly resulting from any alleged 10 defect or nonconformity in the subject vehicle, Plaintiffs’ claims are barred in whole or in part by 11 the economic loss rule. 12 13 TWENTY-SECOND AFFIRMATIVE DEFENSE 14 (Prevention of Performance) 15 Because Plaintiffs’ actions both prevented and excused Defendant’s performance under the 16 Song-Beverly Act and any and all applicable warranties, Plaintiffs’ claims are barred in whole or in 17 part by the prevention of performance doctrine. 18 19 TWENTY-THIRD AFFIRMATIVE DEFENSE 20 (Additional Defenses) 21 Defendant alleges that it may have additional affirmative defenses available to it of which it 22 is not now fully aware. Defendant reserves the right to assert affirmative defenses after the same 23 shall have been ascertained. 24 25 PRAYER 26 WHEREFORE, Defendant FORD MOTOR COMPANY prays as follows: 27 1. That Plaintiffs take nothing by way of their Complaint on file herein; 28 139812241.1 -6- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT 1 2. That judgment be entered in favor of Defendant for costs of suit; and, 2 3. For such other and further relief as the Court may deem just and proper. 3 DATED: May 6, 2024 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 5 6 By: 7 BRIAN C. VANDERHOOF JONATHAN WON 8 Attorneys for Defendant FORD MOTOR 9 COMPANY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 139812241.1 -7- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT CALIFORNIA STATE COURT PROOF OF SERVICE 1 Lynette and Edward Vance, et al. v Ford Motor Company Case No. BCV-24-101036| LBBS Matter No. Pending 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 At the time of service, I was over 18 years of age and not a party to this action. My 4 business address is 633 West 5th Street, Suite 4000, Los Angeles, CA 90071. 5 On May 3, 2024, I served true copies of the following document(s): DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT 6 I served the documents on the following persons at the following addresses (including fax 7 numbers and e-mail addresses, if applicable): 8 Tionna Carvalho, Esq. ATTORNEYS FOR PLAINTIFFS, LYNETTE Sanam Vaziri, Esq. VANCE AND EDWARD VANCE 9 STRATEGIC LEGAL PRACTICES, APC 1888 Century Park East, 19th Floor 10 Los Angeles, CA 90067 T: (310) 929-4900 11 F: (310) 943-3838 tcarvalho@slpattorney.com 12 svaziri@slpattorney.com emailservices@slpattorney.com 13 The documents were served by the following means: 14 (BY ELECTRONIC TRANSMISSION ONLY) Only by e-mailing the document(s) to the 15 persons at the e-mail address(es) listed above based on notice provided on March 16, 2020 that, during the Coronavirus (COVID-19) pandemic, this office will be working remotely, 16 not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received 17 within a reasonable time after the transmission. 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 19 Executed on May 3, 2024, at Los Angeles, California. 20 21 Tammi L. Jones 22 TAMMI L. JONES 23 24 25 26 27 28 139812241.1 -8- DEFENDANT FORD MOTOR COMPANY’S ANSWER TO COMPLAINT