Preview
1 Karen L. Jacobsen - 125684
Jason Yang - 258526
2
JACOBSEN & McELROY PC
3 2401 American River Drive, Suite 100
Sacramento, CA 95825
4 Tel. (916) 971-4100
Fax (916) 971-4150
5
ESERVICE@jacobsenmcelroy.com
6
Attorneys for Defendant
7 CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN MATEO
10
11
ELIZABETH THERESA ANDERSON, Case No.: 24-CIV-00784
12
Plaintiff, ANSWER TO COMPLAINT
13
vs. ACTION FILED: 02/13/2024
14
CAPPO MANAGEMENT XXVI, INC. dba Assigned for all Purposes to:
15 The Hon. Susan Greenberg, Dept. 3
VICTORY HONDA OF SAN BRUNO;
16 HONDA LEASE TRUST, an out of state Trial Date: Not Yet Assigned
Association, assignee; and DOES 1 through
17
50, inclusive,
18
Defendants.
19
20
21 COMES NOW the Defendant, CAPPO MANAGEMENT XXVI, INC. DBA VICTORY
22 HONDA OF SAN BRUNO in answer to the complaint of plaintiff ELIZABETH THERESA
23 ANDERSON on file herein and alleges as follows:
24 This answering defendant denies each and every, all and singular, generally and
25 specifically, the allegations contained in said complaint, and each and every part thereof.
26 Defendant further denies that plaintiff has been damaged in the sums alleged, or in any other
27 sum or sums whatsoever.
28 ///
-1-
ANSWER TO COMPLAINT
1 As and for separate and distinct affirmative defenses to the complaint herein,
2 defendant/s assert/s the following:
3 AFFIRMATIVE DEFENSES
4 FIRST AFFIRMATIVE DEFENSE:
5 That plaintiff’s complaint fails to state facts sufficient to constitute a cause of action
6 against this answering defendant.
7 SECOND AFFIRMATIVE DEFENSE:
8 That plaintiff’s cause of action alleged in the complaint is barred by the applicable statute
9 of limitations, as found in the California Code of Civil Procedure.
10 THIRD AFFIRMATIVE DEFENSE:
11 If plaintiff was injured as set forth in the complaint, plaintiff was herself careless and
12 negligent in and about those matters set forth in the complaint that resulted in said injuries and
13 said conduct of plaintiff proximately caused and contributed to said accident, injuries, and
14 damages complained of, if any there were.
15 FOURTH AFFIRMATIVE DEFENSE:
16 If plaintiff was injured as set forth in the complaint, the alleged injuries sustained by
17 plaintiff, if any, were caused by the negligence and/or willful and intentional misconduct and/or
18 other legal fault of entities or persons other than answering defendant and, as such, if
19 answering defendant is found to be legally responsible in any way, any damages awarded to
20 plaintiff should be reduced in proportion to the amount of fault legally attributable to the other
21 persons or entities that caused plaintiffs’ alleged injuries, if any.
22 FIFTH AFFIRMATIVE DEFENSE:
23 By the exercise of reasonable effort, plaintiff could have mitigated the damages allegedly
24 suffered; however, plaintiff failed and refused, and continue to fail and refuse, to exercise a
25 reasonable effort to mitigate the damages.
26 SIXTH AFFIRMATIVE DEFENSE:
27 Plaintiff’s claims for consequential and incidental damages are barred by the terms of
28 the warranty in question and applicable law.
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ANSWER TO COMPLAINT
1 SEVENTH AFFIRMATIVE DEFENSE:
2 Defendant has clearly and conspicuously disclosed to plaintiff, with the warranty or the
3 owner's manual, the provisions of Civil Code § 1793.22 and of Civil Code § 1793.2(d), including
4 the requirement that plaintiff must notify defendant directly pursuant to paragraphs (1) and (2)
5 of Civil Code § 1793.22(b). Defendant is informed and believes, and based thereon allege, that
6 plaintiff did not give proper notice.
7 EIGHTH AFFIRMATIVE DEFENSE:
8 Plaintiff is barred from recovery to the extent that any alleged defect or nonconformity
9 was caused by the unauthorized or unreasonable use of the vehicle following sale or lease.
10 (Civ. Code § 1794.3.)
11 NINTH AFFIRMATIVE DEFENSE:
12 Any delay in servicing or repairing plaintiff’s vehicle was caused by conditions beyond
13 the control of defendant and their authorized repair facilities. The vehicle was tendered as soon
14 as possible following termination of the condition giving rise to the delay. (Civ. Code § 1793.2
15 (b).)
16 TENTH AFFIRMATIVE DEFENSE:
17 Plaintiff cannot recover a civil penalty because plaintiff’s claim is based solely on breach
18 of an implied warranty. (Civ. Code § 1794(c).)
19 ELEVENTH AFFIRMATIVE DEFENSE:
20 Plaintiff cannot recover a civil penalty because defendant’s actions were not willful. (Civ.
21 Code § 1794(c).)
22 TWELFTH AFFIRMATIVE DEFENSE:
23 The amount of restitution, if any, to which plaintiff may be entitled, must be reduced by
24 that amount directly attributable to use by plaintiff prior to the time that plaintiff first delivered
25 the vehicle for correction of the problem that gave rise to the nonconformity, according to proof
26 at trial. (Civ. Code § 1793.2(d)(2)(C).)
27 THIRTEENTH AFFIRMATIVE DEFENSE:
28 Plaintiff cannot recover a civil penalty for a non-willful violation of Civil Code §
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ANSWER TO COMPLAINT
1 1793.2(2)(d), because defendant participates in a qualified third-party dispute resolution
2 process. (Civ. Code § 1794(e)(2).)
3 FOURTEENTH AFFIRMATIVE DEFENSE:
4 Defendant is informed and believes, and based thereon alleges, that plaintiff cannot
5 recover a civil penalty for a non-willful violation of Civil Code § 1793.2(2)(d) because plaintiff
6 failed to serve proper notice. (Civ. Code § 1794(e)(3).)
7 FIFTEENTH AFFIRMATIVE DEFENSE:
8 Defendant participates in a qualified third-party dispute resolution process, and plaintiff
9 received timely notification in writing of the availability of that qualified third-party dispute
10 resolution process with a description of its operation and effect. The presumption in Civil Code
11 § 1793.22(b) may not be asserted by plaintiff because plaintiff did not initially resort to the
12 qualified third-party dispute resolution process. (Civ. Code § 1793.22(c).)
13 SIXTEENTH AFFIRMATIVE DEFENSE:
14 Plaintiff’s claims, if any, are subject to arbitration under the purchase agreement
15 executed by plaintiff and defendant does not waive their right to seek arbitration.
16 SEVENTEENTH AFFIRMATIVE DEFENSE:
17 Plaintiff is barred from recovering damages because plaintiff did not serve a proper
18 notice in compliance with Civil Code §§ 1782(a) and 1782(d).
19 EIGHTEENTH AFFIRMATIVE DEFENSE:
20 To the extent, if any, that a method, act, or practice employed or committed by defendant
21 is deemed to be a violation of Civil Code § 1770, the violation, if any, was not intentional and
22 resulted from a bona fide error, and defendants have made whatever correction, repair, or
23 replacement was appropriate, if any. Plaintiff is, therefore, barred from recovering damages
24 under Civil Code § 1784.
25 NINETEENTH AFFIRMATIVE DEFENSE:
26 Defendant hereby reserves the right to amend this Answer and/or assert further
27 affirmative defenses as may be revealed by the facts and evidence adduced and discerned
28 during discovery and at any time prior to trial.
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ANSWER TO COMPLAINT
1 TWENTIETH AFFIRMATIVE DEFENSE:
2 For further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI,
3 INC. DBA VICTORY HONDA OF SAN BRUNO is informed and believes, and on that basis
4 alleges, that Plaintiff’s claims are, in whole or in part, barred by estoppel.
5 TWENTY-FIRST AFFIRMATIVE DEFENSE:
6 For a further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI,
7 INC. DBA VICTORY HONDA OF SAN BRUNO is informed and believes, and on that basis
8 alleges, that Plaintiff’s claims are, in whole or in part, barred by waiver.
9 TWENTY-SECOND AFFIRMATIVE DEFENSE:
10 For further, separate and distinct affirmative defense, at all times relevant and material
11 to this action, CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO
12 acted reasonably and in good faith.
13 TWENTY-THIRD AFFIRMATIVE DEFENSE:
14 For a further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI,
15 INC. DBA VICTORY HONDA OF SAN BRUNO alleges that prior to the commencement of this
16 action, this Defendant duly performed, satisfied, and discharged all duties and obligations it
17 may have owed to the Plaintiff arising out of any and all agreements, representations or
18 contracts made by it or on behalf of this answering Defendant and this action is therefore barred
19 by the provisions of California Civil Code section 1473.
20 TWENTY-FOURTH AFFIRMATIVE DEFENSE:
21 That the Fair Responsibility Act of 1996, commonly known as Proposition 51, be given
22 full force and effect per California Civil Code Sections 1431 through 1431.5. Specifically, it is
23 asserted by this answering defendant that in the event a judgment is rendered against it and in
24 favor of the plaintiff, that it can be held responsible, if at all, for only that proportion of "non-
25 economic" damages for which it is found liable by jury determination and that the rule of joint
26 and several liability not apply under such circumstances.
27 TWENTY-FIFTH AFFIRMATIVE DEFENSE:
28 For a further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI,
-5-
ANSWER TO COMPLAINT
1 INC. DBA VICTORY HONDA OF SAN BRUNO alleges that there was no affirmative conduct
2 on the part of CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO,
3 which allegedly caused or contributed to Plaintiff’s alleged injuries and therefore Plaintiff has
4 no cause of action against CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF
5 SAN BRUNO.
6 TWENTY-SIXTH AFFIRMATIVE DEFENSE:
7 For a further, separate and distinct affirmative defense, ENVISIONI WC CDJR AUTO,
8 LLC is informed and believes, and on that basis alleges, that Plaintiff is barred and precluded
9 from any recovery in this action because CAPPO MANAGEMENT XXVI, INC. DBA VICTORY
10 HONDA OF SAN BRUNO, at all times, compiled with the applicable standard of care, at the
11 applicable time and location.
12 TWENTY-SEVENTH AFFIRMATIVE DEFENSE:
13 For a further, separate and distinct affirmative defense, the conduct of CAPPO
14 MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO in regard to the matters
15 alleged in Plaintiff’s Complaint was justified, and by reason of the foregoing, Plaintiff is barred
16 from any recovery against CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF
17 SAN BRUNO.
18 WHEREFORE, answering defendant prays:
19 1. That plaintiff takes nothing by way of the Complaint.
20 2. That answering defendant be awarded their costs of suit and reasonable
21 attorneys’ fees to the extent allowed by law.
22 3. For all other relief the Court deems just and proper.
23
24 DATED: May 10, 2024 JACOBSEN & McELROY PC
25
26
By:
Karen L. Jacobsen
27 Attorneys for Defendant
CAPPO MANAGEMENT XXVI, INC. DBA
28
VICTORY HONDA OF SAN BRUNO
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ANSWER TO COMPLAINT
1 CERTIFICATE OF SERVICE
2
I, Susan E. Middleman, declare:
3
I am a citizen of the United States, am over the age of eighteen years, and am not a
4 party to or interested in the within entitled case. My business address is 2401 American River
Drive, Suite 100, Sacramento, California 95825.
5
6 On May 10, 2024, I served the following document(s) on the parties in the within action:
7 ANSWER TO COMPLAINT
8
x BY ELECTRONIC SERVICE:
9
I am familiar with the business practice for electronic service. The above-described
10 document(s) was/were served electronically to the persons at the e-mail addresses
11
listed on the service list. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
12 unsuccessful.
13
BY MAIL:
14
I am familiar with the business practice for collection and processing of mail. The
15 above-described document(s) will be enclosed in a sealed envelope, with first class
postage thereon fully prepaid, and deposited with the United States Postal Service
16
at Sacramento, California, on this date, addressed as follows:
17
Plaintiff
18 John L. Fallat
Mark A. Vaughn
19
L/O of John L. Fallat
20 68 Mitchell Blvd., #135
San Rafael, CA 94903-2046
21 Tel: (415) 457-3773
Fax: (415) 457-2667
22
jfallat@fallat.com
23 mvaughn@fallat.com
24 I declare under penalty of perjury under the laws of the State of California that the
25
foregoing is a true and correct statement and that this Certificate was executed on May 10,
2024.
26
27 Susan E. Middleman
28
-7-
ANSWER TO COMPLAINT
Preview
1 Karen L. Jacobsen - 125684 Jason Yang - 258526 2 JACOBSEN & McELROY PC 3 2401 American River Drive, Suite 100 Sacramento, CA 95825 4 Tel. (916) 971-4100 Fax (916) 971-4150 5 ESERVICE@jacobsenmcelroy.com 6 Attorneys for Defendant 7 CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 11 ELIZABETH THERESA ANDERSON, Case No.: 24-CIV-00784 12 Plaintiff, ANSWER TO COMPLAINT 13 vs. ACTION FILED: 02/13/2024 14 CAPPO MANAGEMENT XXVI, INC. dba Assigned for all Purposes to: 15 The Hon. Susan Greenberg, Dept. 3 VICTORY HONDA OF SAN BRUNO; 16 HONDA LEASE TRUST, an out of state Trial Date: Not Yet Assigned Association, assignee; and DOES 1 through 17 50, inclusive, 18 Defendants. 19 20 21 COMES NOW the Defendant, CAPPO MANAGEMENT XXVI, INC. DBA VICTORY 22 HONDA OF SAN BRUNO in answer to the complaint of plaintiff ELIZABETH THERESA 23 ANDERSON on file herein and alleges as follows: 24 This answering defendant denies each and every, all and singular, generally and 25 specifically, the allegations contained in said complaint, and each and every part thereof. 26 Defendant further denies that plaintiff has been damaged in the sums alleged, or in any other 27 sum or sums whatsoever. 28 /// -1- ANSWER TO COMPLAINT 1 As and for separate and distinct affirmative defenses to the complaint herein, 2 defendant/s assert/s the following: 3 AFFIRMATIVE DEFENSES 4 FIRST AFFIRMATIVE DEFENSE: 5 That plaintiff’s complaint fails to state facts sufficient to constitute a cause of action 6 against this answering defendant. 7 SECOND AFFIRMATIVE DEFENSE: 8 That plaintiff’s cause of action alleged in the complaint is barred by the applicable statute 9 of limitations, as found in the California Code of Civil Procedure. 10 THIRD AFFIRMATIVE DEFENSE: 11 If plaintiff was injured as set forth in the complaint, plaintiff was herself careless and 12 negligent in and about those matters set forth in the complaint that resulted in said injuries and 13 said conduct of plaintiff proximately caused and contributed to said accident, injuries, and 14 damages complained of, if any there were. 15 FOURTH AFFIRMATIVE DEFENSE: 16 If plaintiff was injured as set forth in the complaint, the alleged injuries sustained by 17 plaintiff, if any, were caused by the negligence and/or willful and intentional misconduct and/or 18 other legal fault of entities or persons other than answering defendant and, as such, if 19 answering defendant is found to be legally responsible in any way, any damages awarded to 20 plaintiff should be reduced in proportion to the amount of fault legally attributable to the other 21 persons or entities that caused plaintiffs’ alleged injuries, if any. 22 FIFTH AFFIRMATIVE DEFENSE: 23 By the exercise of reasonable effort, plaintiff could have mitigated the damages allegedly 24 suffered; however, plaintiff failed and refused, and continue to fail and refuse, to exercise a 25 reasonable effort to mitigate the damages. 26 SIXTH AFFIRMATIVE DEFENSE: 27 Plaintiff’s claims for consequential and incidental damages are barred by the terms of 28 the warranty in question and applicable law. -2- ANSWER TO COMPLAINT 1 SEVENTH AFFIRMATIVE DEFENSE: 2 Defendant has clearly and conspicuously disclosed to plaintiff, with the warranty or the 3 owner's manual, the provisions of Civil Code § 1793.22 and of Civil Code § 1793.2(d), including 4 the requirement that plaintiff must notify defendant directly pursuant to paragraphs (1) and (2) 5 of Civil Code § 1793.22(b). Defendant is informed and believes, and based thereon allege, that 6 plaintiff did not give proper notice. 7 EIGHTH AFFIRMATIVE DEFENSE: 8 Plaintiff is barred from recovery to the extent that any alleged defect or nonconformity 9 was caused by the unauthorized or unreasonable use of the vehicle following sale or lease. 10 (Civ. Code § 1794.3.) 11 NINTH AFFIRMATIVE DEFENSE: 12 Any delay in servicing or repairing plaintiff’s vehicle was caused by conditions beyond 13 the control of defendant and their authorized repair facilities. The vehicle was tendered as soon 14 as possible following termination of the condition giving rise to the delay. (Civ. Code § 1793.2 15 (b).) 16 TENTH AFFIRMATIVE DEFENSE: 17 Plaintiff cannot recover a civil penalty because plaintiff’s claim is based solely on breach 18 of an implied warranty. (Civ. Code § 1794(c).) 19 ELEVENTH AFFIRMATIVE DEFENSE: 20 Plaintiff cannot recover a civil penalty because defendant’s actions were not willful. (Civ. 21 Code § 1794(c).) 22 TWELFTH AFFIRMATIVE DEFENSE: 23 The amount of restitution, if any, to which plaintiff may be entitled, must be reduced by 24 that amount directly attributable to use by plaintiff prior to the time that plaintiff first delivered 25 the vehicle for correction of the problem that gave rise to the nonconformity, according to proof 26 at trial. (Civ. Code § 1793.2(d)(2)(C).) 27 THIRTEENTH AFFIRMATIVE DEFENSE: 28 Plaintiff cannot recover a civil penalty for a non-willful violation of Civil Code § -3- ANSWER TO COMPLAINT 1 1793.2(2)(d), because defendant participates in a qualified third-party dispute resolution 2 process. (Civ. Code § 1794(e)(2).) 3 FOURTEENTH AFFIRMATIVE DEFENSE: 4 Defendant is informed and believes, and based thereon alleges, that plaintiff cannot 5 recover a civil penalty for a non-willful violation of Civil Code § 1793.2(2)(d) because plaintiff 6 failed to serve proper notice. (Civ. Code § 1794(e)(3).) 7 FIFTEENTH AFFIRMATIVE DEFENSE: 8 Defendant participates in a qualified third-party dispute resolution process, and plaintiff 9 received timely notification in writing of the availability of that qualified third-party dispute 10 resolution process with a description of its operation and effect. The presumption in Civil Code 11 § 1793.22(b) may not be asserted by plaintiff because plaintiff did not initially resort to the 12 qualified third-party dispute resolution process. (Civ. Code § 1793.22(c).) 13 SIXTEENTH AFFIRMATIVE DEFENSE: 14 Plaintiff’s claims, if any, are subject to arbitration under the purchase agreement 15 executed by plaintiff and defendant does not waive their right to seek arbitration. 16 SEVENTEENTH AFFIRMATIVE DEFENSE: 17 Plaintiff is barred from recovering damages because plaintiff did not serve a proper 18 notice in compliance with Civil Code §§ 1782(a) and 1782(d). 19 EIGHTEENTH AFFIRMATIVE DEFENSE: 20 To the extent, if any, that a method, act, or practice employed or committed by defendant 21 is deemed to be a violation of Civil Code § 1770, the violation, if any, was not intentional and 22 resulted from a bona fide error, and defendants have made whatever correction, repair, or 23 replacement was appropriate, if any. Plaintiff is, therefore, barred from recovering damages 24 under Civil Code § 1784. 25 NINETEENTH AFFIRMATIVE DEFENSE: 26 Defendant hereby reserves the right to amend this Answer and/or assert further 27 affirmative defenses as may be revealed by the facts and evidence adduced and discerned 28 during discovery and at any time prior to trial. -4- ANSWER TO COMPLAINT 1 TWENTIETH AFFIRMATIVE DEFENSE: 2 For further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI, 3 INC. DBA VICTORY HONDA OF SAN BRUNO is informed and believes, and on that basis 4 alleges, that Plaintiff’s claims are, in whole or in part, barred by estoppel. 5 TWENTY-FIRST AFFIRMATIVE DEFENSE: 6 For a further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI, 7 INC. DBA VICTORY HONDA OF SAN BRUNO is informed and believes, and on that basis 8 alleges, that Plaintiff’s claims are, in whole or in part, barred by waiver. 9 TWENTY-SECOND AFFIRMATIVE DEFENSE: 10 For further, separate and distinct affirmative defense, at all times relevant and material 11 to this action, CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO 12 acted reasonably and in good faith. 13 TWENTY-THIRD AFFIRMATIVE DEFENSE: 14 For a further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI, 15 INC. DBA VICTORY HONDA OF SAN BRUNO alleges that prior to the commencement of this 16 action, this Defendant duly performed, satisfied, and discharged all duties and obligations it 17 may have owed to the Plaintiff arising out of any and all agreements, representations or 18 contracts made by it or on behalf of this answering Defendant and this action is therefore barred 19 by the provisions of California Civil Code section 1473. 20 TWENTY-FOURTH AFFIRMATIVE DEFENSE: 21 That the Fair Responsibility Act of 1996, commonly known as Proposition 51, be given 22 full force and effect per California Civil Code Sections 1431 through 1431.5. Specifically, it is 23 asserted by this answering defendant that in the event a judgment is rendered against it and in 24 favor of the plaintiff, that it can be held responsible, if at all, for only that proportion of "non- 25 economic" damages for which it is found liable by jury determination and that the rule of joint 26 and several liability not apply under such circumstances. 27 TWENTY-FIFTH AFFIRMATIVE DEFENSE: 28 For a further, separate and distinct affirmative defense, CAPPO MANAGEMENT XXVI, -5- ANSWER TO COMPLAINT 1 INC. DBA VICTORY HONDA OF SAN BRUNO alleges that there was no affirmative conduct 2 on the part of CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO, 3 which allegedly caused or contributed to Plaintiff’s alleged injuries and therefore Plaintiff has 4 no cause of action against CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF 5 SAN BRUNO. 6 TWENTY-SIXTH AFFIRMATIVE DEFENSE: 7 For a further, separate and distinct affirmative defense, ENVISIONI WC CDJR AUTO, 8 LLC is informed and believes, and on that basis alleges, that Plaintiff is barred and precluded 9 from any recovery in this action because CAPPO MANAGEMENT XXVI, INC. DBA VICTORY 10 HONDA OF SAN BRUNO, at all times, compiled with the applicable standard of care, at the 11 applicable time and location. 12 TWENTY-SEVENTH AFFIRMATIVE DEFENSE: 13 For a further, separate and distinct affirmative defense, the conduct of CAPPO 14 MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF SAN BRUNO in regard to the matters 15 alleged in Plaintiff’s Complaint was justified, and by reason of the foregoing, Plaintiff is barred 16 from any recovery against CAPPO MANAGEMENT XXVI, INC. DBA VICTORY HONDA OF 17 SAN BRUNO. 18 WHEREFORE, answering defendant prays: 19 1. That plaintiff takes nothing by way of the Complaint. 20 2. That answering defendant be awarded their costs of suit and reasonable 21 attorneys’ fees to the extent allowed by law. 22 3. For all other relief the Court deems just and proper. 23 24 DATED: May 10, 2024 JACOBSEN & McELROY PC 25 26 By: Karen L. Jacobsen 27 Attorneys for Defendant CAPPO MANAGEMENT XXVI, INC. DBA 28 VICTORY HONDA OF SAN BRUNO -6- ANSWER TO COMPLAINT 1 CERTIFICATE OF SERVICE 2 I, Susan E. Middleman, declare: 3 I am a citizen of the United States, am over the age of eighteen years, and am not a 4 party to or interested in the within entitled case. My business address is 2401 American River Drive, Suite 100, Sacramento, California 95825. 5 6 On May 10, 2024, I served the following document(s) on the parties in the within action: 7 ANSWER TO COMPLAINT 8 x BY ELECTRONIC SERVICE: 9 I am familiar with the business practice for electronic service. The above-described 10 document(s) was/were served electronically to the persons at the e-mail addresses 11 listed on the service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 12 unsuccessful. 13 BY MAIL: 14 I am familiar with the business practice for collection and processing of mail. The 15 above-described document(s) will be enclosed in a sealed envelope, with first class postage thereon fully prepaid, and deposited with the United States Postal Service 16 at Sacramento, California, on this date, addressed as follows: 17 Plaintiff 18 John L. Fallat Mark A. Vaughn 19 L/O of John L. Fallat 20 68 Mitchell Blvd., #135 San Rafael, CA 94903-2046 21 Tel: (415) 457-3773 Fax: (415) 457-2667 22 jfallat@fallat.com 23 mvaughn@fallat.com 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is a true and correct statement and that this Certificate was executed on May 10, 2024. 26 27 Susan E. Middleman 28 -7- ANSWER TO COMPLAINT