Preview
1 POLSINELLI LLP
JONATHON E. COHN (SBN 136673)
2 ALYSSA J. GARCIA (SBN 351237)
2049 Century Park East, Suite 2900
3 Los Angeles, CA 90067
Telephone: 310.556.1801
4 Facsimile: 310.556.1802
Email: jcohn@polsinelli.com
5 Email: ajgarcia@polsinelli.com
6 Attorneys for Defendants
Bakersfield Healthcare & Wellness Centre, LLC
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dba The Rehabilitation Center of Bakersfield
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF KERN
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KASSIDY ALI, Case No. BCV-24-100638
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13 DEFENDANT BAKERSFIELD
Plaintiff, HEALTHCARE & WELLNESS CENTRE,
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LLC dba THE REHABILITATION
v. CENTER OF BAKERSFIELD’S ANSWER
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TO COMPLAINT
BAKERSFIELD HEALTHCARE &
16 WELLNESS CENTRE, LLC dba THE
REHABILITATION CENTER OF
17 BAKERSFIELD; RUSH MELITTI; and
DOES 1 to 50, Inclusive,
18 Petition filed: February 23, 2024
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Defendants.
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21 Pursuant to California Code of Civil Procedure section 431.30, subdivision (b), Defendant
22 Bakersfield Healthcare & Wellness Centre, LLC dba The Rehabilitation Center of Bakersfield
23 (“Defendant”) submits an answer to Plaintiff Kassidy Ali’s (“Plaintiff”) Complaint for Negligence,
24 Battery, Assault, and Intentional and Negligence Infliction of Emotional Distress (“Complaint”) as
25 follows:
26 GENERAL DENIAL
27 Defendant generally and specifically denies each and every allegation of Plaintiff’s
28 Complaint, and each cause of action therein, in its entirety. Defendant denies that Plaintiff is entitled
1 Case No. BCV-24-100638
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1 to recover under any theory of liability for any form of relief either fully or partially, or in any
2 amount whatsoever, by reason of any act, omission, or conduct on the part of Defendant or any of
3 its agents, servants, or employees.
4 AFFIRMATIVE DEFENSES
5 By stating the matters set forth in these affirmative defenses, Defendant does not allege or
6 admit that it has the burden of proof and/or persuasion with respect to any of these matters, nor does
7 it assume the burden of proof or persuasion as to any matter as to which Plaintiff has the burden.
8 As separate and distinct affirmative defenses to Plaintiff’s Complaint and each of the causes of
9 action alleged therein, Defendant alleges as follows:
10 FIRST AFFIRMATIVE DEFENSE
11 (Failure to State a Cause of Action)
12 Defendant is informed and believes, and thereupon alleges that neither the Complaint, nor
13 any purported cause of action asserted therein, states facts sufficient to constitute a cause of action
14 against Defendant.
15 SECOND AFFIRMATIVE DEFENSE
16 (Comparative Fault)
17 Assuming that Plaintiff suffered any damages as alleged in the Complaint, which Defendant
18 denies, such damages resulted, in whole or in part, by the negligent, careless, or intentional acts or
19 omissions of Plaintiff, and accordingly, any recovery should be barred or reduced proportionately
20 under the principles of contributory and comparative fault.
21 THIRD AFFIRMATIVE DEFENSE
22 (Comparative Fault and Indemnification of Others)
23 If the damages alleged in the Complaint have any merit, which is denied, they were the result
24 of the active and primary negligence and comparative fault of other persons, and of the Plaintiff.
25 Defendant had no responsibility for the acts and omissions of others, entitling it to total or partial
26 equitable or implied comparative indemnity and contribution from such other persons. Defendant
27 should not be deemed liable for any amount of damages in excess of Defendant's proportionate fault,
28 which fault is denied entirely, and Defendant is entitled to contribution and indemnity from the
2 Case No. BCV-24-100638
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1 others.
2 FOURTH AFFIRMATIVE DEFENSE
3 (Assumption of Risk)
4 Assuming that Plaintiff suffered any damages as alleged in the Complaint, which Defendant
5 denies, such damages resulted because of the deliberate and voluntary conduct of the Plaintiff to
6 assume the risk of her conduct, and accordingly, any recovery should be barred under the principles
7 of assumption of risk.
8 FIFTH AFFIRMATIVE DEFENSE
9 (Failure to Mitigate Damages)
10 Assuming that any damages were suffered as alleged in the Complaint, which Defendant
11 denies, recovery must be barred or reduced based on Plaintiff’s failure to mitigate damages.
12 SIXTH AFFIRMATIVE DEFENSE
13 (Not Entitled to the Relief Sought)
14 Defendant is informed and believes, and thereupon alleges that Plaintiff is not entitled to the
15 relief sought as a matter of law.
16 SEVENTH AFFIRMATIVE DEFENSE
17 (Additional Affirmative Defenses)
18 Defendant reserves the right to allege additional defenses as they may become known, or as
19 they evolve during the litigation, and to amend the Answer accordingly.
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21 WHEREFORE, Defendant prays that judgment be entered in its favor and against Plaintiff
22 as follows:
23 1. That Plaintiff takes nothing by way of the Complaint;
24 2. That the Complaint be dismissed with prejudice; and
25 3. That Defendant be awarded its expenses and costs of suit and such other and further
26 relief as this Court deems just and proper.
27
28 //
3 Case No. BCV-24-100638
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1 Dated: May 7, 2024 POLSINELLI LLP
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4 By: JONATHON E. COHN
ALYSSA J. GARCIA
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Attorneys for Defendant Bakersfield
6 Healthcare & Wellness Centre, LLC
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4 Case No. BCV-24-100638
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1 PROOF OF SERVICE
2 I, Jill Serena, declare as follows:
3 I am employed in Los Angeles County, Los Angeles, California. I am over the age
of eighteen years and not a party to this action. My business address is 2049 Century Park East,
4 Suite 2900, Los Angeles, California 90067. On May 8, 2024, I served the within:
5 BAKERSFIELD HEALTHCARE & WELLNESS CENTRE, LLC’S ANSWER TO
COMPLAINT
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on the interested parties in this action addressed as follows:
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Jamie V. Retmier, Esq.
8 SCRANTON LAW FIRM
2450 Stanwell Drive
9 Concord, CA 91361
Telephone: (925) 288-6863
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Facsimile: (925) 676-9999
11 Email: jamier@scrantonlawfirm.com
Email: JVRteam@scrantonlawfirm.com
12 Email: Lissethem@scrantonlawfirm.com
Email: alyssae@scrantonlawfirm.com
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Attorney for Plaintiff KASSIDY ALI
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(BY U.S. MAIL) By placing such document(s) in a sealed envelope, with postage
15 thereon fully prepaid for first class mail, for collection and mailing at Polsinelli
16 LLP following ordinary business practice. I am readily familiar with the practice at
Polsinelli LLP for collection and processing of correspondence for mailing with the
17 United States Postal Service, said practice being that in the ordinary course of
business, correspondence is deposited in the United States Postal Service the same
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day as it is placed for collection.
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(BY ELECTRONIC MAIL) By transmitting such document(s) electronically
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from my e-mail address, jserena@polsinelli.com at Polsinelli LLP, to the person(s)
at the electronic mail addresses listed above.
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I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct and that this declaration was executed on May 8, 2024, at
Los Angeles, California.
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25
26 _____________________________
Jill Serena
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5 Case No. BCV-24-100638
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Preview
1 POLSINELLI LLP JONATHON E. COHN (SBN 136673) 2 ALYSSA J. GARCIA (SBN 351237) 2049 Century Park East, Suite 2900 3 Los Angeles, CA 90067 Telephone: 310.556.1801 4 Facsimile: 310.556.1802 Email: jcohn@polsinelli.com 5 Email: ajgarcia@polsinelli.com 6 Attorneys for Defendants Bakersfield Healthcare & Wellness Centre, LLC 7 dba The Rehabilitation Center of Bakersfield 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN 10 11 KASSIDY ALI, Case No. BCV-24-100638 12 13 DEFENDANT BAKERSFIELD Plaintiff, HEALTHCARE & WELLNESS CENTRE, 14 LLC dba THE REHABILITATION v. CENTER OF BAKERSFIELD’S ANSWER 15 TO COMPLAINT BAKERSFIELD HEALTHCARE & 16 WELLNESS CENTRE, LLC dba THE REHABILITATION CENTER OF 17 BAKERSFIELD; RUSH MELITTI; and DOES 1 to 50, Inclusive, 18 Petition filed: February 23, 2024 19 Defendants. 20 21 Pursuant to California Code of Civil Procedure section 431.30, subdivision (b), Defendant 22 Bakersfield Healthcare & Wellness Centre, LLC dba The Rehabilitation Center of Bakersfield 23 (“Defendant”) submits an answer to Plaintiff Kassidy Ali’s (“Plaintiff”) Complaint for Negligence, 24 Battery, Assault, and Intentional and Negligence Infliction of Emotional Distress (“Complaint”) as 25 follows: 26 GENERAL DENIAL 27 Defendant generally and specifically denies each and every allegation of Plaintiff’s 28 Complaint, and each cause of action therein, in its entirety. Defendant denies that Plaintiff is entitled 1 Case No. BCV-24-100638 ANSWER 090603\793789\94914475 1 to recover under any theory of liability for any form of relief either fully or partially, or in any 2 amount whatsoever, by reason of any act, omission, or conduct on the part of Defendant or any of 3 its agents, servants, or employees. 4 AFFIRMATIVE DEFENSES 5 By stating the matters set forth in these affirmative defenses, Defendant does not allege or 6 admit that it has the burden of proof and/or persuasion with respect to any of these matters, nor does 7 it assume the burden of proof or persuasion as to any matter as to which Plaintiff has the burden. 8 As separate and distinct affirmative defenses to Plaintiff’s Complaint and each of the causes of 9 action alleged therein, Defendant alleges as follows: 10 FIRST AFFIRMATIVE DEFENSE 11 (Failure to State a Cause of Action) 12 Defendant is informed and believes, and thereupon alleges that neither the Complaint, nor 13 any purported cause of action asserted therein, states facts sufficient to constitute a cause of action 14 against Defendant. 15 SECOND AFFIRMATIVE DEFENSE 16 (Comparative Fault) 17 Assuming that Plaintiff suffered any damages as alleged in the Complaint, which Defendant 18 denies, such damages resulted, in whole or in part, by the negligent, careless, or intentional acts or 19 omissions of Plaintiff, and accordingly, any recovery should be barred or reduced proportionately 20 under the principles of contributory and comparative fault. 21 THIRD AFFIRMATIVE DEFENSE 22 (Comparative Fault and Indemnification of Others) 23 If the damages alleged in the Complaint have any merit, which is denied, they were the result 24 of the active and primary negligence and comparative fault of other persons, and of the Plaintiff. 25 Defendant had no responsibility for the acts and omissions of others, entitling it to total or partial 26 equitable or implied comparative indemnity and contribution from such other persons. Defendant 27 should not be deemed liable for any amount of damages in excess of Defendant's proportionate fault, 28 which fault is denied entirely, and Defendant is entitled to contribution and indemnity from the 2 Case No. BCV-24-100638 ANSWER 090603\793789\94914475 1 others. 2 FOURTH AFFIRMATIVE DEFENSE 3 (Assumption of Risk) 4 Assuming that Plaintiff suffered any damages as alleged in the Complaint, which Defendant 5 denies, such damages resulted because of the deliberate and voluntary conduct of the Plaintiff to 6 assume the risk of her conduct, and accordingly, any recovery should be barred under the principles 7 of assumption of risk. 8 FIFTH AFFIRMATIVE DEFENSE 9 (Failure to Mitigate Damages) 10 Assuming that any damages were suffered as alleged in the Complaint, which Defendant 11 denies, recovery must be barred or reduced based on Plaintiff’s failure to mitigate damages. 12 SIXTH AFFIRMATIVE DEFENSE 13 (Not Entitled to the Relief Sought) 14 Defendant is informed and believes, and thereupon alleges that Plaintiff is not entitled to the 15 relief sought as a matter of law. 16 SEVENTH AFFIRMATIVE DEFENSE 17 (Additional Affirmative Defenses) 18 Defendant reserves the right to allege additional defenses as they may become known, or as 19 they evolve during the litigation, and to amend the Answer accordingly. 20 21 WHEREFORE, Defendant prays that judgment be entered in its favor and against Plaintiff 22 as follows: 23 1. That Plaintiff takes nothing by way of the Complaint; 24 2. That the Complaint be dismissed with prejudice; and 25 3. That Defendant be awarded its expenses and costs of suit and such other and further 26 relief as this Court deems just and proper. 27 28 // 3 Case No. BCV-24-100638 ANSWER 090603\793789\94914475 1 Dated: May 7, 2024 POLSINELLI LLP 2 3 4 By: JONATHON E. COHN ALYSSA J. GARCIA 5 Attorneys for Defendant Bakersfield 6 Healthcare & Wellness Centre, LLC 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case No. BCV-24-100638 ANSWER 090603\793789\94914475 1 PROOF OF SERVICE 2 I, Jill Serena, declare as follows: 3 I am employed in Los Angeles County, Los Angeles, California. I am over the age of eighteen years and not a party to this action. My business address is 2049 Century Park East, 4 Suite 2900, Los Angeles, California 90067. On May 8, 2024, I served the within: 5 BAKERSFIELD HEALTHCARE & WELLNESS CENTRE, LLC’S ANSWER TO COMPLAINT 6 on the interested parties in this action addressed as follows: 7 Jamie V. Retmier, Esq. 8 SCRANTON LAW FIRM 2450 Stanwell Drive 9 Concord, CA 91361 Telephone: (925) 288-6863 10 Facsimile: (925) 676-9999 11 Email: jamier@scrantonlawfirm.com Email: JVRteam@scrantonlawfirm.com 12 Email: Lissethem@scrantonlawfirm.com Email: alyssae@scrantonlawfirm.com 13 Attorney for Plaintiff KASSIDY ALI 14 (BY U.S. MAIL) By placing such document(s) in a sealed envelope, with postage 15 thereon fully prepaid for first class mail, for collection and mailing at Polsinelli 16 LLP following ordinary business practice. I am readily familiar with the practice at Polsinelli LLP for collection and processing of correspondence for mailing with the 17 United States Postal Service, said practice being that in the ordinary course of business, correspondence is deposited in the United States Postal Service the same 18 day as it is placed for collection. 19 (BY ELECTRONIC MAIL) By transmitting such document(s) electronically 20 from my e-mail address, jserena@polsinelli.com at Polsinelli LLP, to the person(s) at the electronic mail addresses listed above. 21 22 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct and that this declaration was executed on May 8, 2024, at Los Angeles, California. 24 25 26 _____________________________ Jill Serena 27 28 5 Case No. BCV-24-100638 ANSWER 090603\793789\94914475