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1 Scott S. Shepardson, State Bar No. 197446
sshepardson@ongaropc.com
2 Laura D. Vawter, State Bar No. 347693
lvawter@ongaropc.com
3 ONGARO PC
1604 Union Street
4 San Francisco, CA 94123
Telephone: (415) 433-3900
5 Fax: (415) 433-3950
E-Serve: ktaylor@ongaropc.com
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Attorneys for Defendant
7 FCA US LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF KERN COUNTY
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ERIC BURNETT, Case No.: BCV-24-101043
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Plaintiff, Unlimited Jurisdiction
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13 vs. DEFENDANT FCA US LLC’S ANSWER
TO COMPLAINT
14 FCA US LLC, a Delaware Limited Liability
Company, and DOES 1 through 10, inclusive,
15 Complaint Filed: March 22, 2024
Defendants. Trial Date: Not Yet Set
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Defendant FCA US LLC responds to Plaintiff’s Complaint as follows:
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1. Pursuant to California Code of Civil Procedure § 431.30, FCA US LLC denies each
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and every allegation in the Complaint and further denies that Plaintiff has been damaged in any
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sum whatsoever.
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AFFIRMATIVE DEFENSES
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FIRST AFFIRMATIVE DEFENSE
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2. As a first separate and distinct affirmative defense to the entire Complaint, and each
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cause of action thereof, FCA US LLC alleges that, if Plaintiff sustained any damages as alleged in
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the Complaint, such damages were proximately caused and contributed to by Plaintiff in failing to
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conduct himself in a manner ordinarily expected of a reasonably prudent person in the conduct of
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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his affairs and business. The contributory negligence and fault of Plaintiff eliminates or
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diminishes any recovery sought in Plaintiff’s Complaint.
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SECOND AFFIRMATIVE DEFENSE
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3. As a second separate and distinct affirmative defense to the entire Complaint, and
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each cause of action thereof, FCA US LLC contends that if Plaintiff sustained any damages as
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alleged in the Complaint, such damages were proximately caused and contributed to by persons
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and/or parties other than FCA US LLC, by that party or those parties’ failure to conduct
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themselves in a manner ordinarily expected of reasonably prudent persons in the conduct of his
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affairs and business. Contributory negligence and fault of persons and/or parties other than FCA
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US LLC eliminates or diminishes any recovery from FCA US LLC for the claims asserted in
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Plaintiff’s Complaint.
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THIRD AFFIRMATIVE DEFENSE
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4. As a third separate and distinct affirmative defense to the entire Complaint, and
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each cause of action thereof, FCA US LLC contends that the Complaint, and each cause of action
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therein, fails to state facts sufficient to constitute a cause of action against FCA US LLC.
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FOURTH AFFIRMATIVE DEFENSE
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18 5. As a fourth separate and distinct affirmative defense to the entire Complaint, and
19 each cause of action thereof, FCA US LLC contends that Plaintiff’s cause of action for breach of
express warranty and incidental and consequential damages is barred by the express disclaimers
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and limitations of liability contained in the alleged express warranties.
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22 FIFTH AFFIRMATIVE DEFENSE
23 6. As a fifth separate and distinct affirmative defense to the entire Complaint, and
24 each cause of action thereof, FCA US LLC contends that Plaintiff’s claims are barred by the
25 statute of limitations set forth in the California Code of Civil Procedure, specifically sections 337,
26 338 and 338.1 and Commercial Code section 2725.
27 SIXTH AFFIRMATIVE DEFENSE
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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7. As a sixth separate and distinct affirmative defense, FCA US LLC contends that if
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Plaintiff sustained any damages as alleged in the Complaint, such damages were proximately
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caused and contributed to by Plaintiff in failing to mitigate his damages. Plaintiff’s failure to
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mitigate his damages eliminates or diminishes any recovery herein.
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SEVENTH AFFIRMATIVE DEFENSE
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8. As a seventh separate and distinct affirmative defense to the entire Complaint, and
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each cause of action thereof, FCA US LLC contends that Plaintiff’s Complaint, and each cause of
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action thereof, is barred against FCA US LLC by the doctrine of unclean hands.
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EIGHTH AFFIRMATIVE DEFENSE
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9. As an eighth separate and distinct affirmative defense to the entire Complaint, and
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each cause of action thereof, FCA US LLC alleges that the entire Complaint, and each cause of
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action thereof, is barred against FCA US LLC by the doctrine of bad faith.
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NINTH AFFIRMATIVE DEFENSE
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10. As a ninth separate and distinct affirmative defense to the entire Complaint, and
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each cause of action thereof, FCA US LLC contends Plaintiff has engaged in conduct and
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activities sufficient to constitute a waiver of any alleged breach of contract, breach of warranty,
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negligence or any other conduct as set forth in Plaintiff’s Complaint.
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TENTH AFFIRMATIVE DEFENSE
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11. As a tenth separate and distinct affirmative defense to the entire Complaint, and
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each cause of action thereof, FCA US LLC contends Plaintiff is barred from recovery by virtue of
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Civil Code § 1794.3 since the claimed defect or nonconformity was caused by the unauthorized or
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unreasonable use of the vehicle following sale.
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24 ELEVENTH AFFIRMATIVE DEFENSE
25 12. As an eleventh separate and distinct affirmative defense to the entire Complaint,
26 and each cause of action thereof, FCA US LLC contends each and every cause of action based
27 upon breach of implied warranty is barred by virtue of Civil Code § 1791.1(c).
28 TWELFTH AFFIRMATIVE DEFENSE
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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13. As a twelfth separate and distinct affirmative defense to the entire Complaint and
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each cause of action thereof, FCA US LLC is informed and believes and, thus, alleges that
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Plaintiff waited an unreasonable period of time to complain of the alleged acts or omissions at
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issue in Plaintiff’s Complaint so as to prejudice Defendant. Plaintiff is, therefore, guilty of laches
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and is barred from recovery.
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THIRTEENTH AFFIRMATIVE DEFENSE
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14. As a thirteenth separate and distinct affirmative defense to the entire Complaint
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and each cause of action thereof, FCA US LLC alleges that the vehicle was not defective or in an
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unmerchantable condition at anytime when it left the possession, custody, and control of the
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manufacturer. Any damage to the subject automobile was caused and created by changes and
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alterations made to the vehicle, subsequent to the vehicle's manufacture and/or sale, by persons
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other than the manufacturer or any of its agents, servants, or employees; thus, barring Plaintiff’s
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recovery.
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FOURTEENTH AFFIRMATIVE DEFENSE
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15. As a fourteenth separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC alleges that the repair process to Plaintiff’s vehicle
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was appropriate and proper and is believed to have been done with the consent of the Plaintiff.
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FIFTEENTH AFFIRMATIVE DEFENSE
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16. As a fifteenth separate and distinct affirmative defense to the entire Complaint, and
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each cause of action thereof, FCA US LLC contends that the Complaint fails to state sufficient
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facts to warrant the imposition of civil penalties because it was believed that replacement or
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repurchase of the subject vehicle was not appropriate under the circumstances then known.
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SIXTEENTH AFFIRMATIVE DEFENSE
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17. As a sixteenth separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC alleges that any failure to perform the obligations
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as described in the Complaint resulted from Plaintiff’s failure to perform as required by the
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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contract and/or warranty. Performance on Plaintiff’s part of Plaintiff’s obligations was a condition
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precedent to the performance of Defendant’s obligations.
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SEVENTEENTH AFFIRMATIVE DEFENSE
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18. As a seventeenth separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC contends that Plaintiff has engaged in conduct and
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activities sufficient to constitute a waiver of any alleged breach of contract, breach of warranty,
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negligence or any other conduct as set forth in the Complaint.
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EIGHTEENTH AFFIRMATIVE DEFENSE
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19. As an eighteenth separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC contends that Plaintiff has engaged in conduct and
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activity sufficient to estop Plaintiff from asserting all or any part of the claim set forth in
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Plaintiff’s Complaint.
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NINETEENTH AFFIRMATIVE DEFENSE
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20. As a nineteenth separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC alleges that Plaintiff’s claims are barred by the
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equal dignities rule, codified in part in Civil Code Section 2309 and in other California statutes.
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TWENTIETH AFFIRMATIVE DEFENSE
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21. As a twentieth separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC contends that Plaintiff’s Complaint fails to state
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facts sufficient to entitle Plaintiff to an award of punitive or exemplary damages as to FCA US
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LLC.
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TWENTY-FIRST AFFIRMATIVE DEFENSE
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22. As a twenty-first separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC contends that the Complaint fails to state facts
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sufficient to warrant the imposition of civil penalties because Plaintiff failed to serve upon FCA
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US LLC written notice requesting that FCA US LLC comply with paragraph (2) of subdivision (d)
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of Civil Code Section 1793.2 as required by Civil Code Section 1794(e)(3).
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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TWENTY-SECOND AFFIRMATIVE DEFENSE
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23. As a twenty-second separate and distinct affirmative defense to the entire
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Complaint and each cause of action thereof, FCA US LLC alleges that Plaintiff is a party to an
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arbitration agreement that subjects Plaintiff to mandatory arbitration of this matter. Accordingly,
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Plaintiff’s claims are barred by Plaintiff’s failure to arbitrate pursuant to the Retail Installment
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Sale Contract agreed to by Plaintiff, as well as the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1
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et seq., and the California Arbitration Act (“CAA”), California Code of Civil Procedure §1280 et
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seq.
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TWENTY-THIRD AFFIRMATIVE DEFENSE
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24. As a twenty-third separate and distinct affirmative defense to the entire Complaint,
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and each cause of action thereof, FCA US LLC contends that the imposition of a civil penalty on
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FCA US LLC based on a preponderance of evidence standard would violate FCA US LLC’s right
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to due process under the Fourteenth Amendment to the United States Constitution and/or Article 1
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of the California Constitution.
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TWENTY-FOURTH AFFIRMATIVE DEFENSE
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24. As a twenty-fourth separate and distinct affirmative defense to the entire
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Complaint, and each cause of action thereof, FCA US LLC contends that it presently has
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insufficient knowledge or information on which to form a belief as to whether it may have
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additional, as yet unstated, defenses available. FCA US LLC reserves the right to assert additional
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defenses in the event that they would be appropriate.
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WHEREFORE, FCA US LLC prays judgment as follows:
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1. That Plaintiff take nothing by way of the Complaint;
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2. That the present action be dismissed with prejudice;
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3. That the Court enter judgment in favor of FCA US LLC and against Plaintiff on
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each claim for relief;
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4. For attorneys' fees;
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5. For costs of suit; and
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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6. For such other and further relief as this Court may deem just and proper.
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4 Date: May 6, 2023 ONGARO PC
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By:
8 Scott S. Shepardson
Laura D. Vawter
9 Attorneys for Defendant
FCA US LLC
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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PROOF OF SERVICE
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CASE NAME: Eric Burnett vs. FCA US LLC, et al.
3 COURT: Kern Superior Court
CASE NO.: BCV-24-101043
4
I, the undersigned, certify that I am employed in the City and County of Los Angeles, CA; I
5 am over the age of 18-years and not a party to this action; my business address is 1604 Union Street,
San Francisco, CA 94123. On May 7, 2024, I served the following document(s):
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DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT
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on the parties stated below, by the following means of service:
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X : By Electronic Service – By emailing true and correct copies to the persons at the electronic
9 address shown below. The documents were emailed and the transmission completed without error.
10 KNIGHT LAW GROUP, LLP Attorneys for Plaintiff(s)
Roger Kirnos, Esq.
11 Lauren Ungs, Esq. T: 310.929.4900
10250 Constellation Blvd, Suite 2500
12 Los Angeles, CA 90067 F: 310.943.3838
emailservice@knightlaw.com
13 rogerk@knightlaw.com
laurenu@knightlaw.com
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15 SERVICE BY ELECTRONIC TRANSMISSION/E-MAIL: Based on an agreement of the parties
16 to accept service by e-mail or electronic transmission, I sent the document(s) on the date shown above
to the e-mail addresses of the persons listed above. I did not receive within a reasonable time after the
17 transmission any electronic message or other indication that the transmission was unsuccessful.
18 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 7,
2024, in Los Angeles, California.
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PROOF OF SERVICE
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1 Scott S. Shepardson, State Bar No. 197446 sshepardson@ongaropc.com 2 Laura D. Vawter, State Bar No. 347693 lvawter@ongaropc.com 3 ONGARO PC 1604 Union Street 4 San Francisco, CA 94123 Telephone: (415) 433-3900 5 Fax: (415) 433-3950 E-Serve: ktaylor@ongaropc.com 6 Attorneys for Defendant 7 FCA US LLC 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN COUNTY 10 ERIC BURNETT, Case No.: BCV-24-101043 11 Plaintiff, Unlimited Jurisdiction 12 13 vs. DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 14 FCA US LLC, a Delaware Limited Liability Company, and DOES 1 through 10, inclusive, 15 Complaint Filed: March 22, 2024 Defendants. Trial Date: Not Yet Set 16 17 Defendant FCA US LLC responds to Plaintiff’s Complaint as follows: 18 1. Pursuant to California Code of Civil Procedure § 431.30, FCA US LLC denies each 19 and every allegation in the Complaint and further denies that Plaintiff has been damaged in any 20 sum whatsoever. 21 AFFIRMATIVE DEFENSES 22 FIRST AFFIRMATIVE DEFENSE 23 2. As a first separate and distinct affirmative defense to the entire Complaint, and each 24 cause of action thereof, FCA US LLC alleges that, if Plaintiff sustained any damages as alleged in 25 the Complaint, such damages were proximately caused and contributed to by Plaintiff in failing to 26 conduct himself in a manner ordinarily expected of a reasonably prudent person in the conduct of 27 28 -1- DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 1 his affairs and business. The contributory negligence and fault of Plaintiff eliminates or 2 diminishes any recovery sought in Plaintiff’s Complaint. 3 SECOND AFFIRMATIVE DEFENSE 4 3. As a second separate and distinct affirmative defense to the entire Complaint, and 5 each cause of action thereof, FCA US LLC contends that if Plaintiff sustained any damages as 6 alleged in the Complaint, such damages were proximately caused and contributed to by persons 7 and/or parties other than FCA US LLC, by that party or those parties’ failure to conduct 8 themselves in a manner ordinarily expected of reasonably prudent persons in the conduct of his 9 affairs and business. Contributory negligence and fault of persons and/or parties other than FCA 10 US LLC eliminates or diminishes any recovery from FCA US LLC for the claims asserted in 11 Plaintiff’s Complaint. 12 THIRD AFFIRMATIVE DEFENSE 13 4. As a third separate and distinct affirmative defense to the entire Complaint, and 14 each cause of action thereof, FCA US LLC contends that the Complaint, and each cause of action 15 therein, fails to state facts sufficient to constitute a cause of action against FCA US LLC. 16 FOURTH AFFIRMATIVE DEFENSE 17 18 5. As a fourth separate and distinct affirmative defense to the entire Complaint, and 19 each cause of action thereof, FCA US LLC contends that Plaintiff’s cause of action for breach of express warranty and incidental and consequential damages is barred by the express disclaimers 20 and limitations of liability contained in the alleged express warranties. 21 22 FIFTH AFFIRMATIVE DEFENSE 23 6. As a fifth separate and distinct affirmative defense to the entire Complaint, and 24 each cause of action thereof, FCA US LLC contends that Plaintiff’s claims are barred by the 25 statute of limitations set forth in the California Code of Civil Procedure, specifically sections 337, 26 338 and 338.1 and Commercial Code section 2725. 27 SIXTH AFFIRMATIVE DEFENSE 28 -2- DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 1 7. As a sixth separate and distinct affirmative defense, FCA US LLC contends that if 2 Plaintiff sustained any damages as alleged in the Complaint, such damages were proximately 3 caused and contributed to by Plaintiff in failing to mitigate his damages. Plaintiff’s failure to 4 mitigate his damages eliminates or diminishes any recovery herein. 5 SEVENTH AFFIRMATIVE DEFENSE 6 8. As a seventh separate and distinct affirmative defense to the entire Complaint, and 7 each cause of action thereof, FCA US LLC contends that Plaintiff’s Complaint, and each cause of 8 action thereof, is barred against FCA US LLC by the doctrine of unclean hands. 9 EIGHTH AFFIRMATIVE DEFENSE 10 9. As an eighth separate and distinct affirmative defense to the entire Complaint, and 11 each cause of action thereof, FCA US LLC alleges that the entire Complaint, and each cause of 12 action thereof, is barred against FCA US LLC by the doctrine of bad faith. 13 NINTH AFFIRMATIVE DEFENSE 14 10. As a ninth separate and distinct affirmative defense to the entire Complaint, and 15 each cause of action thereof, FCA US LLC contends Plaintiff has engaged in conduct and 16 activities sufficient to constitute a waiver of any alleged breach of contract, breach of warranty, 17 negligence or any other conduct as set forth in Plaintiff’s Complaint. 18 TENTH AFFIRMATIVE DEFENSE 19 11. As a tenth separate and distinct affirmative defense to the entire Complaint, and 20 each cause of action thereof, FCA US LLC contends Plaintiff is barred from recovery by virtue of 21 Civil Code § 1794.3 since the claimed defect or nonconformity was caused by the unauthorized or 22 unreasonable use of the vehicle following sale. 23 24 ELEVENTH AFFIRMATIVE DEFENSE 25 12. As an eleventh separate and distinct affirmative defense to the entire Complaint, 26 and each cause of action thereof, FCA US LLC contends each and every cause of action based 27 upon breach of implied warranty is barred by virtue of Civil Code § 1791.1(c). 28 TWELFTH AFFIRMATIVE DEFENSE -3- DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 1 13. As a twelfth separate and distinct affirmative defense to the entire Complaint and 2 each cause of action thereof, FCA US LLC is informed and believes and, thus, alleges that 3 Plaintiff waited an unreasonable period of time to complain of the alleged acts or omissions at 4 issue in Plaintiff’s Complaint so as to prejudice Defendant. Plaintiff is, therefore, guilty of laches 5 and is barred from recovery. 6 THIRTEENTH AFFIRMATIVE DEFENSE 7 14. As a thirteenth separate and distinct affirmative defense to the entire Complaint 8 and each cause of action thereof, FCA US LLC alleges that the vehicle was not defective or in an 9 unmerchantable condition at anytime when it left the possession, custody, and control of the 10 manufacturer. Any damage to the subject automobile was caused and created by changes and 11 alterations made to the vehicle, subsequent to the vehicle's manufacture and/or sale, by persons 12 other than the manufacturer or any of its agents, servants, or employees; thus, barring Plaintiff’s 13 recovery. 14 FOURTEENTH AFFIRMATIVE DEFENSE 15 15. As a fourteenth separate and distinct affirmative defense to the entire Complaint, 16 and each cause of action thereof, FCA US LLC alleges that the repair process to Plaintiff’s vehicle 17 was appropriate and proper and is believed to have been done with the consent of the Plaintiff. 18 FIFTEENTH AFFIRMATIVE DEFENSE 19 16. As a fifteenth separate and distinct affirmative defense to the entire Complaint, and 20 each cause of action thereof, FCA US LLC contends that the Complaint fails to state sufficient 21 facts to warrant the imposition of civil penalties because it was believed that replacement or 22 repurchase of the subject vehicle was not appropriate under the circumstances then known. 23 SIXTEENTH AFFIRMATIVE DEFENSE 24 17. As a sixteenth separate and distinct affirmative defense to the entire Complaint, 25 and each cause of action thereof, FCA US LLC alleges that any failure to perform the obligations 26 as described in the Complaint resulted from Plaintiff’s failure to perform as required by the 27 28 -4- DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 1 contract and/or warranty. Performance on Plaintiff’s part of Plaintiff’s obligations was a condition 2 precedent to the performance of Defendant’s obligations. 3 SEVENTEENTH AFFIRMATIVE DEFENSE 4 18. As a seventeenth separate and distinct affirmative defense to the entire Complaint, 5 and each cause of action thereof, FCA US LLC contends that Plaintiff has engaged in conduct and 6 activities sufficient to constitute a waiver of any alleged breach of contract, breach of warranty, 7 negligence or any other conduct as set forth in the Complaint. 8 EIGHTEENTH AFFIRMATIVE DEFENSE 9 19. As an eighteenth separate and distinct affirmative defense to the entire Complaint, 10 and each cause of action thereof, FCA US LLC contends that Plaintiff has engaged in conduct and 11 activity sufficient to estop Plaintiff from asserting all or any part of the claim set forth in 12 Plaintiff’s Complaint. 13 NINETEENTH AFFIRMATIVE DEFENSE 14 20. As a nineteenth separate and distinct affirmative defense to the entire Complaint, 15 and each cause of action thereof, FCA US LLC alleges that Plaintiff’s claims are barred by the 16 equal dignities rule, codified in part in Civil Code Section 2309 and in other California statutes. 17 TWENTIETH AFFIRMATIVE DEFENSE 18 21. As a twentieth separate and distinct affirmative defense to the entire Complaint, 19 and each cause of action thereof, FCA US LLC contends that Plaintiff’s Complaint fails to state 20 facts sufficient to entitle Plaintiff to an award of punitive or exemplary damages as to FCA US 21 LLC. 22 TWENTY-FIRST AFFIRMATIVE DEFENSE 23 22. As a twenty-first separate and distinct affirmative defense to the entire Complaint, 24 and each cause of action thereof, FCA US LLC contends that the Complaint fails to state facts 25 sufficient to warrant the imposition of civil penalties because Plaintiff failed to serve upon FCA 26 US LLC written notice requesting that FCA US LLC comply with paragraph (2) of subdivision (d) 27 of Civil Code Section 1793.2 as required by Civil Code Section 1794(e)(3). 28 -5- DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 1 TWENTY-SECOND AFFIRMATIVE DEFENSE 2 23. As a twenty-second separate and distinct affirmative defense to the entire 3 Complaint and each cause of action thereof, FCA US LLC alleges that Plaintiff is a party to an 4 arbitration agreement that subjects Plaintiff to mandatory arbitration of this matter. Accordingly, 5 Plaintiff’s claims are barred by Plaintiff’s failure to arbitrate pursuant to the Retail Installment 6 Sale Contract agreed to by Plaintiff, as well as the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 7 et seq., and the California Arbitration Act (“CAA”), California Code of Civil Procedure §1280 et 8 seq. 9 TWENTY-THIRD AFFIRMATIVE DEFENSE 10 24. As a twenty-third separate and distinct affirmative defense to the entire Complaint, 11 and each cause of action thereof, FCA US LLC contends that the imposition of a civil penalty on 12 FCA US LLC based on a preponderance of evidence standard would violate FCA US LLC’s right 13 to due process under the Fourteenth Amendment to the United States Constitution and/or Article 1 14 of the California Constitution. 15 TWENTY-FOURTH AFFIRMATIVE DEFENSE 16 24. As a twenty-fourth separate and distinct affirmative defense to the entire 17 Complaint, and each cause of action thereof, FCA US LLC contends that it presently has 18 insufficient knowledge or information on which to form a belief as to whether it may have 19 additional, as yet unstated, defenses available. FCA US LLC reserves the right to assert additional 20 defenses in the event that they would be appropriate. 21 WHEREFORE, FCA US LLC prays judgment as follows: 22 1. That Plaintiff take nothing by way of the Complaint; 23 2. That the present action be dismissed with prejudice; 24 3. That the Court enter judgment in favor of FCA US LLC and against Plaintiff on 25 each claim for relief; 26 4. For attorneys' fees; 27 5. For costs of suit; and 28 -6- DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 1 6. For such other and further relief as this Court may deem just and proper. 2 3 4 Date: May 6, 2023 ONGARO PC 5 6 7 By: 8 Scott S. Shepardson Laura D. Vawter 9 Attorneys for Defendant FCA US LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 1 PROOF OF SERVICE 2 CASE NAME: Eric Burnett vs. FCA US LLC, et al. 3 COURT: Kern Superior Court CASE NO.: BCV-24-101043 4 I, the undersigned, certify that I am employed in the City and County of Los Angeles, CA; I 5 am over the age of 18-years and not a party to this action; my business address is 1604 Union Street, San Francisco, CA 94123. On May 7, 2024, I served the following document(s): 6 DEFENDANT FCA US LLC’S ANSWER TO COMPLAINT 7 on the parties stated below, by the following means of service: 8 X : By Electronic Service – By emailing true and correct copies to the persons at the electronic 9 address shown below. The documents were emailed and the transmission completed without error. 10 KNIGHT LAW GROUP, LLP Attorneys for Plaintiff(s) Roger Kirnos, Esq. 11 Lauren Ungs, Esq. T: 310.929.4900 10250 Constellation Blvd, Suite 2500 12 Los Angeles, CA 90067 F: 310.943.3838 emailservice@knightlaw.com 13 rogerk@knightlaw.com laurenu@knightlaw.com 14 15 SERVICE BY ELECTRONIC TRANSMISSION/E-MAIL: Based on an agreement of the parties 16 to accept service by e-mail or electronic transmission, I sent the document(s) on the date shown above to the e-mail addresses of the persons listed above. I did not receive within a reasonable time after the 17 transmission any electronic message or other indication that the transmission was unsuccessful. 18 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 7, 2024, in Los Angeles, California. 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE