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1 Michael J. Stump, Esq. SBN: 193542
BORTON PETRINI, LLP
2 5060 California Avenue, Ste. 700
Bakersfield, CA 93309
3 Phone: (661) 322-3051
Fax: (661) 322-4628
4 Email: mstump@bortonpetrini.com
5 Attorneys for Defendant, Jim’s Steel Supply, LLC
and Rito R. Castillo
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF KERN
9
10 CRUZ CORRALES, Case No. BCV-24-100942
11 Plaintiff, ANSWER TO COMPLAINT BY
DEFENDANTS JIM’S STEEL SUPPLY, LLC
12 v. AND RITO R. CASTILLO
13 JIM’S STEEL SUPPLY, LLC, et. al.,
Complaint Filed: 3/15/2024
14 Defendants.
15
16 COME NOW the defendants JIM’S STEEL SUPPLY, LLC and RITO R. CASTILLO,
17 (hereinafter “defendants”) and answer the complaint on file herein, as follows:
18 1. It appearing herein that the complaint on file is unverified, the defendants hereby
19 allege a general denial of the allegations of the complaint pursuant to California Code of Civil Procedure
20 section 431.30(d).
21 2. Defendants herein deny, generally and specifically, each and every allegation of
22 said complaint, both conjunctively and disjunctively and the whole thereof, and deny further that the
23 plaintiff has been damaged in the sum alleged or in any other sum whatsoever or at all.
24 3. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering
25 defendants allege that plaintiff’s complaint and each alleged cause of action therein, fails to state facts
26 sufficient to constitute a cause of action as to these answering defendants.
27 4. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering
28 defendants allege that at the times and places mentioned in the complaint, plaintiff was careless, reckless
1
ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO
1 and negligent in and about the matters and things alleged in the complaint, which said carelessness,
2 recklessness and negligence concurred in point of time with the alleged negligence of the defendants, if
3 any there may have been, and legally caused and/or contributed to whatever injury and/or damage plaintiff
4 may have sustained, if any, and recovery by plaintiff, if any, should be proportionately reduced according
5 to the percentage of fault of plaintiff.
6 5. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering
7 defendants allege that, at the times and places mentioned in the complaint, plaintiff did commit willful
8 misconduct in and about the matters and things alleged in the complaint, which said willful misconduct
9 concurred in point of time with the alleged willful misconduct of defendant, if any there may have been,
10 and legally caused and/or contributed to whatever injury and/or damage plaintiff may have sustained, if
11 any.
12 6. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering
13 defendants allege that, in addition to the aforementioned negligence of plaintiff, any injury and/or damage
14 incurred by plaintiff was directly and legally caused and contributed to by the negligence and/or fault of
15 third persons or parties.
16 7. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering
17 defendants are informed and believe and thereupon allege that the plaintiff did, with full knowledge of the
18 facts, dangers, and consequences of their own actions or inaction, and of the actions or inaction of the
19 defendants, expressly, impliedly, and voluntarily accept the risk incident thereto.
20 8. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE to each and every
21 alleged cause of action, these answering defendants allege that the events, injuries, losses and damages
22 complained of, if any there were, were the result of an unavoidable accident insofar as these answering
23 defendants are concerned and occurred without any negligence, want of care, default or other breach of
24 duty on the part of said defendants.
25 9. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering
26 defendants are informed and believe and thereupon allege that plaintiff, by the exercise of reasonable
27 effort and/or care, could have mitigated the damages alleged to have been suffered, but the plaintiff has
28 failed, neglected and refused, and continue to fail and refuse, to exercise reasonable effort to mitigate the
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ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO
1 damages, if any.
2 10. FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE, the defendants
3 allege that each alleged cause of action set forth in the complaint herein is barred by section 335.1 of the
4 Code of Civil Procedure of the State of California.
5 11. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, defendants allege
6 that if the plaintiff sustained any injuries and/or damages, some or all of the injuries and/or damages were
7 the legal result of their failure to exercise due care on his behalf at the time and place of the accident to
8 which reference is made in the complaint, and plaintiff is barred from recovery for that portion of injuries
9 and/or damages which were the result of his said failure to exercise due care.
10 12. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, defendants allege
11 that any and all damages sustained by the plaintiff, if any, were the result of superseding or intervening
12 causation by an independent and unforeseeable force which broke the chain of causation.
13 13. FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE, the defendants
14 allege that the plaintiff cannot recover general damages pursuant to Proposition 213 as codified in Civil
15 Code section 3333.3.
16 14. FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE, defendants allege
17 that they may have additional affirmative defenses available to them, of which they are not fully aware.
18 Defendants reserve the right to assert additional affirmative defenses after the same has been ascertained.
19 WHEREFORE, these answering defendants pray that plaintiff take nothing by way of
20 plaintiff’s complaint and defendants goes hence with defendants’ costs of suit, and for such other and
21 further relief as the Court deems proper.
22 Dated: May 21, 2024 BORTON PETRINI, LLP
23
24 By
Michael J. Stump, Esq.
25 Attorneys for Defendants Jim’s Steel Supply,
LLC, and Rito R. Castillo
26
27
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ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO
1 PROOF OF SERVICE (Code Civ. Proc., §§ 1013a)
2 STATE OF CALIFORNIA, COUNTY OF KERN
3 I am employed in the County of Kern, State of California. I am over the age of 18 and not a party
to the within action; my business address is Borton Petrini, LLP, 5060 California Avenue, Suite 700,
4 Bakersfield, California 93309. My e-mail address is tarthun@bortonpetrini.com
5 On May 21, 2024, I caused to be served the foregoing document described as ANSWER TO
COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO on
6 the other parties in this action as follows:
7 SEE ATTACHED SERVICE LIST
8 BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing with the United States Postal Service. Under that practice the envelope would
9 be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Bakersfield,
California in the ordinary course of business.
10
BY FACSIMILE: I caused each document to be delivered by electronic facsimile to the listed
11 above. The facsimile machine I used complied with California Rules of Court, Rule 2.301 and no
error was reported by the machine. Pursuant to California Rules of Court, Rule 2.306.
12
BY OVERNIGHT COURIER SERVICE: I caused each envelope with postage fully prepaid to
13 be sent by overnight.
14 BY PERSONAL SERVICE: Pursuant to C.C.P. Section 1011, I caused to be delivered such
envelope by hand to the offices of the addressee(s) listed on the attached mailing list.
15
x BY EMAIL OR ELECTRONIC FILING/SERVICE - Based upon a court order, local Rules of
16 Court, or an agreement of the parties to accept service by e-mail or electronic transmission, I
caused the documents to be sent/electronically served to the persons at the e-mail addresses listed.
17 (C.C.P. §§ 1010.6 and 1013b and CRC § 2.251)
18 FEDERAL: I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
19
I declare under penalty of perjury under the laws of the State of California that the above is true
20 and correct.
21 Executed on May 21, 2024, at Bakersfield, California.
22
Tamara Arthun
23 Type or Print Name Signature
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ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO
1 SERVICE LIST
2 David Rudorfer, Esq. Attorney for Plaintiff, Cruz Corrales
PANISH SHEA RAVIPUDI, LLP
3 1111 Santa Monica Blvd., Suite 700
Los Angeles, CA 90025
4
Phone: (310) 477-1700
5 Fax: (310) 477-1699
Email: teamrudorfer@panish.law;
6 wvespermann@panish.law;
drudorfer@panish.law;
7 agianelli@panish.law
8 Elizabeth Burnett, Esq. Attorney for Claimant,
STATE COMPENSATION INSURANCE FUND State Compensation Insurance Fund
9 State Fund Subrogation
P.O. Box 28917
10 Fresno, CA 93729-8917
Telephone: (714) 565-5871 | Fax: (707) 646-2512
11 Email: Eburnett@scif.com
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ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO
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1 Michael J. Stump, Esq. SBN: 193542 BORTON PETRINI, LLP 2 5060 California Avenue, Ste. 700 Bakersfield, CA 93309 3 Phone: (661) 322-3051 Fax: (661) 322-4628 4 Email: mstump@bortonpetrini.com 5 Attorneys for Defendant, Jim’s Steel Supply, LLC and Rito R. Castillo 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF KERN 9 10 CRUZ CORRALES, Case No. BCV-24-100942 11 Plaintiff, ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC 12 v. AND RITO R. CASTILLO 13 JIM’S STEEL SUPPLY, LLC, et. al., Complaint Filed: 3/15/2024 14 Defendants. 15 16 COME NOW the defendants JIM’S STEEL SUPPLY, LLC and RITO R. CASTILLO, 17 (hereinafter “defendants”) and answer the complaint on file herein, as follows: 18 1. It appearing herein that the complaint on file is unverified, the defendants hereby 19 allege a general denial of the allegations of the complaint pursuant to California Code of Civil Procedure 20 section 431.30(d). 21 2. Defendants herein deny, generally and specifically, each and every allegation of 22 said complaint, both conjunctively and disjunctively and the whole thereof, and deny further that the 23 plaintiff has been damaged in the sum alleged or in any other sum whatsoever or at all. 24 3. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering 25 defendants allege that plaintiff’s complaint and each alleged cause of action therein, fails to state facts 26 sufficient to constitute a cause of action as to these answering defendants. 27 4. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering 28 defendants allege that at the times and places mentioned in the complaint, plaintiff was careless, reckless 1 ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO 1 and negligent in and about the matters and things alleged in the complaint, which said carelessness, 2 recklessness and negligence concurred in point of time with the alleged negligence of the defendants, if 3 any there may have been, and legally caused and/or contributed to whatever injury and/or damage plaintiff 4 may have sustained, if any, and recovery by plaintiff, if any, should be proportionately reduced according 5 to the percentage of fault of plaintiff. 6 5. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering 7 defendants allege that, at the times and places mentioned in the complaint, plaintiff did commit willful 8 misconduct in and about the matters and things alleged in the complaint, which said willful misconduct 9 concurred in point of time with the alleged willful misconduct of defendant, if any there may have been, 10 and legally caused and/or contributed to whatever injury and/or damage plaintiff may have sustained, if 11 any. 12 6. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering 13 defendants allege that, in addition to the aforementioned negligence of plaintiff, any injury and/or damage 14 incurred by plaintiff was directly and legally caused and contributed to by the negligence and/or fault of 15 third persons or parties. 16 7. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering 17 defendants are informed and believe and thereupon allege that the plaintiff did, with full knowledge of the 18 facts, dangers, and consequences of their own actions or inaction, and of the actions or inaction of the 19 defendants, expressly, impliedly, and voluntarily accept the risk incident thereto. 20 8. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE to each and every 21 alleged cause of action, these answering defendants allege that the events, injuries, losses and damages 22 complained of, if any there were, were the result of an unavoidable accident insofar as these answering 23 defendants are concerned and occurred without any negligence, want of care, default or other breach of 24 duty on the part of said defendants. 25 9. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, these answering 26 defendants are informed and believe and thereupon allege that plaintiff, by the exercise of reasonable 27 effort and/or care, could have mitigated the damages alleged to have been suffered, but the plaintiff has 28 failed, neglected and refused, and continue to fail and refuse, to exercise reasonable effort to mitigate the 2 ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO 1 damages, if any. 2 10. FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE, the defendants 3 allege that each alleged cause of action set forth in the complaint herein is barred by section 335.1 of the 4 Code of Civil Procedure of the State of California. 5 11. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, defendants allege 6 that if the plaintiff sustained any injuries and/or damages, some or all of the injuries and/or damages were 7 the legal result of their failure to exercise due care on his behalf at the time and place of the accident to 8 which reference is made in the complaint, and plaintiff is barred from recovery for that portion of injuries 9 and/or damages which were the result of his said failure to exercise due care. 10 12. FOR A FURTHER, SEPARATE AND DISTINCT DEFENSE, defendants allege 11 that any and all damages sustained by the plaintiff, if any, were the result of superseding or intervening 12 causation by an independent and unforeseeable force which broke the chain of causation. 13 13. FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE, the defendants 14 allege that the plaintiff cannot recover general damages pursuant to Proposition 213 as codified in Civil 15 Code section 3333.3. 16 14. FOR A FURTHER, SEPARATE, AND DISTINCT DEFENSE, defendants allege 17 that they may have additional affirmative defenses available to them, of which they are not fully aware. 18 Defendants reserve the right to assert additional affirmative defenses after the same has been ascertained. 19 WHEREFORE, these answering defendants pray that plaintiff take nothing by way of 20 plaintiff’s complaint and defendants goes hence with defendants’ costs of suit, and for such other and 21 further relief as the Court deems proper. 22 Dated: May 21, 2024 BORTON PETRINI, LLP 23 24 By Michael J. Stump, Esq. 25 Attorneys for Defendants Jim’s Steel Supply, LLC, and Rito R. Castillo 26 27 28 3 ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO 1 PROOF OF SERVICE (Code Civ. Proc., §§ 1013a) 2 STATE OF CALIFORNIA, COUNTY OF KERN 3 I am employed in the County of Kern, State of California. I am over the age of 18 and not a party to the within action; my business address is Borton Petrini, LLP, 5060 California Avenue, Suite 700, 4 Bakersfield, California 93309. My e-mail address is tarthun@bortonpetrini.com 5 On May 21, 2024, I caused to be served the foregoing document described as ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO on 6 the other parties in this action as follows: 7 SEE ATTACHED SERVICE LIST 8 BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice the envelope would 9 be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Bakersfield, California in the ordinary course of business. 10 BY FACSIMILE: I caused each document to be delivered by electronic facsimile to the listed 11 above. The facsimile machine I used complied with California Rules of Court, Rule 2.301 and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2.306. 12 BY OVERNIGHT COURIER SERVICE: I caused each envelope with postage fully prepaid to 13 be sent by overnight. 14 BY PERSONAL SERVICE: Pursuant to C.C.P. Section 1011, I caused to be delivered such envelope by hand to the offices of the addressee(s) listed on the attached mailing list. 15 x BY EMAIL OR ELECTRONIC FILING/SERVICE - Based upon a court order, local Rules of 16 Court, or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent/electronically served to the persons at the e-mail addresses listed. 17 (C.C.P. §§ 1010.6 and 1013b and CRC § 2.251) 18 FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 19 I declare under penalty of perjury under the laws of the State of California that the above is true 20 and correct. 21 Executed on May 21, 2024, at Bakersfield, California. 22 Tamara Arthun 23 Type or Print Name Signature 24 25 26 27 28 4 ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO 1 SERVICE LIST 2 David Rudorfer, Esq. Attorney for Plaintiff, Cruz Corrales PANISH SHEA RAVIPUDI, LLP 3 1111 Santa Monica Blvd., Suite 700 Los Angeles, CA 90025 4 Phone: (310) 477-1700 5 Fax: (310) 477-1699 Email: teamrudorfer@panish.law; 6 wvespermann@panish.law; drudorfer@panish.law; 7 agianelli@panish.law 8 Elizabeth Burnett, Esq. Attorney for Claimant, STATE COMPENSATION INSURANCE FUND State Compensation Insurance Fund 9 State Fund Subrogation P.O. Box 28917 10 Fresno, CA 93729-8917 Telephone: (714) 565-5871 | Fax: (707) 646-2512 11 Email: Eburnett@scif.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 ANSWER TO COMPLAINT BY DEFENDANTS JIM’S STEEL SUPPLY, LLC AND RITO R. CASTILLO