Preview
1 RODRIGO E. SALAS (SBN 194462)
rsalas@shb.com
2 SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
3 San Francisco, CA 94105 5/20/2024
Tel: (415) 544-1900 | Fax: (415) 391-0281
4
NYKEEMAH C. MCCLENDON (SBN 322544)
5 nmcclendon@shb.com
SHOOK, HARDY & BACON L.L.P.
6 2049 Century Park East, Suite 3000
Los Angeles, CA 90067
7 Tel: (424) 285- 8330 | Fax: (424) 204.9093
8
Attorneys for Defendant
9 U-HAUL
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN MATEO
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13 CAROL THOMAS, Case No. 23CIV05150
14 Plaintiff, ANSWER TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
15 v.
16 U-HAUL, Complaint filed: October 30, 2023
FAC filed: November 7, 2023
17 Defendants.
18
19 Defendant U-HAUL CO. OF CALIFORNIA, erroneously sued as U-HAUL, INC.,
20 (“Defendant”) or (“UHCA”) answers plaintiff Carol Thomas’ (hereinafter “Plaintiff”) unverified
21 First Amended Complaint (hereinafter the “Complaint”), and alleges as stated below:
22 GENERAL DENIAL
23 Pursuant to California Code of Civil Procedure § 431.30(d), UHCA denies each and every
24 allegation contained in the Complaint.
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ANSWER TO COMPLAINT
1 FIRST AFFIRMATIVE DEFENSE
2 (Failure to State a Cause of Action)
3 1. The Complaint fails to state facts sufficient to constitute a cause of action against
4 UHCA.
5 SECOND AFFIRMATIVE DEFENSE
6 (Estoppel and Waiver)
7 2. UHCA alleges that the claims in the Complaint are barred by the doctrines of estoppel
8 and/or waiver.
9 THIRD AFFIRMATIVE DEFENSE
10 (Intervening/Superseding Causes)
11 3. UHCA alleges that, to the extent that Plaintiff may have suffered any injuries or
12 damages, her injuries or damages were caused in whole or in part by the intentional or negligent acts
13 or omissions of another or others whose conduct UHCA has no reason or opportunity to anticipate
14 and for which UHCA has no legal responsibility. Those acts or omissions of others superseded the
15 acts or omissions of UHCA (if any), and were independent, intervening and proximate causes of any
16 damages suffered by Plaintiff.
17 FOURTH AFFIRMATIVE DEFENSE
18 (Comparative and/or Contributory Fault)
19 4. UHCA alleges that the damages suffered by Plaintiff, if any, were directly and
20 proximately caused, in whole or in part, by Plaintiff’s own acts or omissions. Plaintiff’s recovery, if
21 any, should be diminished to the extent that said damages are attributable to her own acts or
22 omissions. UHCA is entitled to an order allocating responsibility for any losses or damages
23 sustained by Plaintiff in accordance with the degree of fault attributable to Plaintiff and all others,
24 whether or not they are parties to this action.
25 FIFTH AFFIRMATIVE DEFENSE
26 (Failure to Mitigate)
27 5. UHCA alleges that Plaintiff’s claims are barred, in whole or in part, by Plaintiff’s
28 failure to mitigate her alleged damages.
2
ANSWER TO COMPLAINT
1 SIXTH AFFIRMATIVE DEFENSE
2 (Speculative Damages)
3 6. UHCA alleges that Plaintiff is barred from any recovery because her damages, if any,
4 are remote and speculative.
5 SEVENTH AFFIRMATIVE DEFENSE
6 (Proximate Cause)
7 7. UHCA alleges that Plaintiff’s claims are barred because UHCA did not cause the
8 damages, injuries, or harms alleged in the Complaint.
9
10 EIGHTH AFFIRMATIVE DEFENSE
11 (Contribution)
12 8. UHCA alleges that the damages suffered by Plaintiff, if any, were the direct and
13 proximate cause of the negligence of parties, persons, corporations and/or entities other than UHCA
14 and that the liability of UHCA, if any, is limited in direct proportion to the percentage of fault
15 actually attributable to UHCA.
16 NINTH AFFIRMATIVE DEFENSE
17 (No Duty)
18 9. UHCA denies the existence of any duty to Plaintiff regarding the injury or damages
19 alleged in the Complaint.
20 TENTH AFFIRMATIVE DEFENSE
21 (Statute of Limitations)
22 10. UHCA alleges that some or all of Plaintiff’s claims may be barred by the statute of
23 limitations.
24 ELEVENTH AFFIRMATIVE DEFENSE
25 (Assumption of the Risk)
26 11. Plaintiff, with full appreciation of the particular risks involved, knowingly and
27 voluntarily assumed the risks and hazards of the activity complained of and the resulting damages, if
28 any.
3
ANSWER TO COMPLAINT
1 TWELFTH AFFIRMATIVE DEFENSE
2 (Laches)
3 12. UHCA alleges that Plaintiff waited an unreasonable period of time before asserting
4 her claims, if any, against UHCA and are barred from asserting such claims under the doctrine of
5 laches.
6 THIRTEENTH AFFIRMATIVE DEFENSE
7 (Unclean Hands)
8 13. UHCA alleges that Plaintiff is barred by the equitable doctrine of unclean hands from
9 obtaining the relief requested in the Complaint.
10 FOURTEENTH AFFIRMATIVE DEFENSE
11 (Lack of Standing)
12 14. UHCA alleges that Plaintiff’s Complaint, and each purported cause of action alleged
13 therein, is barred for lack of subject matter jurisdiction to the extent Plaintiff lacks standing to assert
14 any of the causes of action contained in the Complaint.
15 FIFTEENTH AFFIRMATIVE DEFENSE
16 (Improper Parties)
17 15. UHCA alleges that they are improper parties and not liable for the acts or omissions
18 alleged by Plaintiff.
19 SIXTEENTH AFFIRMATIVE DEFENSE
20 (Contractual Limitations)
21 16. UHCA alleges that Plaintiff’s claims are barred by limitations under the terms of
22 the contract between the parties (See Exhibit A to Complaint.)
23
24 SEVENTEENTH AFFIRMATIVE DEFENSE
25 (Release and Satisfaction)
26 17. UHCA alleges that Plaintiff’s claims are barred by release under the terms of the
27 contract between the parties (See Exhibit A to Complaint.)
28 EIGHTEENTH AFFIRMATIVE DEFENSE
4
ANSWER TO COMPLAINT
1 (Breach of Contract)
2 18. UHCA alleges that Plaintiff’s claims are barred due to Plaintiff’s own breach of
3 contract.
4 NINETEENTH AFFIRMATIVE DEFENSE
5 (Limitations of damages)
6 19. UHCA alleges that Plaintiff’s damages, if any, are limited to an award of damages in
7 the amount of $15,000.00 by the Rental Agreement (see Exhibit A to Complaint), and applicable law.
8 TWENTIETH AFFIRMATIVE DEFENSE
9 (Binding Arbitration)
10 20. UHCA alleges that Plaintiff entered into a binding arbitration agreement with UHCA
11 (See Exhibit A to Complaint.) UHCA, therefore, may elect to exercise their right and pursue
12 resolution of this dispute through arbitration.
13 TWENTY-FIRST AFFIRMATIVE DEFENSE
14 (No Fraud, Oppression, or Malice)
15 21. UHCA alleges that Plaintiff’s Complaint, and each purported cause of action alleged
16 therein, fails to state sufficient facts to constitute “fraud”, “oppression” or “malice” as defined in
17 Civil Code section 3294. UHCA further alleges that Plaintiff’s claims for punitive damages are
18 barred and/or limited by operation of state and/or federal law.
19
20 TWENTY-SECOND AFFIRMATIVE DEFENSE
21 (Reservation of Rights)
22 22. UHCA presently has insufficient knowledge or information on which to form a belief
23 as to whether it may have additional, as yet unstated affirmative defenses available. UHCA reserves
24 the right to assert additional affirmative defenses as additional facts and/or discovery warrant the
25 same.
26 PRAYER
27 WHEREFORE, U-Haul Co. of California requests:
28 1. That Plaintiff take nothing by the First Amended Complaint;
5
ANSWER TO COMPLAINT
1 2. An award of their costs of suit incurred in defending this action;
2 3. To the extent permitted by applicable law, for attorneys’ fees according to proof; and
3 4. Such other and further relief as the Court may deem just and proper.
4
5 Dated: May 20, 2023 SHOOK, HARDY & BACON L.L.P.
6 By:
Rodrigo E. Salas
7
Nykeemah C. McClendon
8
Attorneys for Defendant
9 U-HAUL
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ANSWER TO COMPLAINT
PROOF OF SERVICE
1
2 The undersigned declare: I am over the age of 18 years and not a party to the within action. I am
3 employed in the county where this service occurs. My business address is 2049 Century Park East,
4 Suite 2300, Los Angeles California 90067, my facsimile number is (424) 204-9093. On the date
5 shown below I served the following document(s):
6 ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
7 on the interested parties named herein and in the manner indicated below:
8
Parties Represented Attorneys
9 Plaintiff Carol Thomas
220 Cypress Avenue
10 South San Francisco, CA 94080
CAROL THOMAS
11 ctjk9@outlook.com
12
13 ☒ (E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement
of the parties to accept service by e-mail or electronic transmission, I caused the documents
14 to be sent to the person(s) at the e-mail address(es) listed above. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
15 transmission was unsuccessful
16
☒ (BY UNITED STATES MAIL) I deposited a sealed envelope containing a true and correct
17 copy of the documents listed above with the United States Postal Service with the postage
fully prepaid. I am a resident or employed in the county where the mailing occurred. The
18 envelope or package was placed in the mail at Los Angeles, CA 90067, California.
19
20 I declare under penalty of perjury under the laws of the State of California that the foregoing
21 is true and correct.
22 Executed on May 20, 2024, at Los Angeles, California.
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_________________________
25
Jessica Talavera
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ANSWER TO COMPLAINT
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1 RODRIGO E. SALAS (SBN 194462) rsalas@shb.com 2 SHOOK, HARDY & BACON L.L.P. 555 Mission Street, Suite 2300 3 San Francisco, CA 94105 5/20/2024 Tel: (415) 544-1900 | Fax: (415) 391-0281 4 NYKEEMAH C. MCCLENDON (SBN 322544) 5 nmcclendon@shb.com SHOOK, HARDY & BACON L.L.P. 6 2049 Century Park East, Suite 3000 Los Angeles, CA 90067 7 Tel: (424) 285- 8330 | Fax: (424) 204.9093 8 Attorneys for Defendant 9 U-HAUL 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SAN MATEO 12 13 CAROL THOMAS, Case No. 23CIV05150 14 Plaintiff, ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT 15 v. 16 U-HAUL, Complaint filed: October 30, 2023 FAC filed: November 7, 2023 17 Defendants. 18 19 Defendant U-HAUL CO. OF CALIFORNIA, erroneously sued as U-HAUL, INC., 20 (“Defendant”) or (“UHCA”) answers plaintiff Carol Thomas’ (hereinafter “Plaintiff”) unverified 21 First Amended Complaint (hereinafter the “Complaint”), and alleges as stated below: 22 GENERAL DENIAL 23 Pursuant to California Code of Civil Procedure § 431.30(d), UHCA denies each and every 24 allegation contained in the Complaint. 25 /// 26 /// 27 28 1 ANSWER TO COMPLAINT 1 FIRST AFFIRMATIVE DEFENSE 2 (Failure to State a Cause of Action) 3 1. The Complaint fails to state facts sufficient to constitute a cause of action against 4 UHCA. 5 SECOND AFFIRMATIVE DEFENSE 6 (Estoppel and Waiver) 7 2. UHCA alleges that the claims in the Complaint are barred by the doctrines of estoppel 8 and/or waiver. 9 THIRD AFFIRMATIVE DEFENSE 10 (Intervening/Superseding Causes) 11 3. UHCA alleges that, to the extent that Plaintiff may have suffered any injuries or 12 damages, her injuries or damages were caused in whole or in part by the intentional or negligent acts 13 or omissions of another or others whose conduct UHCA has no reason or opportunity to anticipate 14 and for which UHCA has no legal responsibility. Those acts or omissions of others superseded the 15 acts or omissions of UHCA (if any), and were independent, intervening and proximate causes of any 16 damages suffered by Plaintiff. 17 FOURTH AFFIRMATIVE DEFENSE 18 (Comparative and/or Contributory Fault) 19 4. UHCA alleges that the damages suffered by Plaintiff, if any, were directly and 20 proximately caused, in whole or in part, by Plaintiff’s own acts or omissions. Plaintiff’s recovery, if 21 any, should be diminished to the extent that said damages are attributable to her own acts or 22 omissions. UHCA is entitled to an order allocating responsibility for any losses or damages 23 sustained by Plaintiff in accordance with the degree of fault attributable to Plaintiff and all others, 24 whether or not they are parties to this action. 25 FIFTH AFFIRMATIVE DEFENSE 26 (Failure to Mitigate) 27 5. UHCA alleges that Plaintiff’s claims are barred, in whole or in part, by Plaintiff’s 28 failure to mitigate her alleged damages. 2 ANSWER TO COMPLAINT 1 SIXTH AFFIRMATIVE DEFENSE 2 (Speculative Damages) 3 6. UHCA alleges that Plaintiff is barred from any recovery because her damages, if any, 4 are remote and speculative. 5 SEVENTH AFFIRMATIVE DEFENSE 6 (Proximate Cause) 7 7. UHCA alleges that Plaintiff’s claims are barred because UHCA did not cause the 8 damages, injuries, or harms alleged in the Complaint. 9 10 EIGHTH AFFIRMATIVE DEFENSE 11 (Contribution) 12 8. UHCA alleges that the damages suffered by Plaintiff, if any, were the direct and 13 proximate cause of the negligence of parties, persons, corporations and/or entities other than UHCA 14 and that the liability of UHCA, if any, is limited in direct proportion to the percentage of fault 15 actually attributable to UHCA. 16 NINTH AFFIRMATIVE DEFENSE 17 (No Duty) 18 9. UHCA denies the existence of any duty to Plaintiff regarding the injury or damages 19 alleged in the Complaint. 20 TENTH AFFIRMATIVE DEFENSE 21 (Statute of Limitations) 22 10. UHCA alleges that some or all of Plaintiff’s claims may be barred by the statute of 23 limitations. 24 ELEVENTH AFFIRMATIVE DEFENSE 25 (Assumption of the Risk) 26 11. Plaintiff, with full appreciation of the particular risks involved, knowingly and 27 voluntarily assumed the risks and hazards of the activity complained of and the resulting damages, if 28 any. 3 ANSWER TO COMPLAINT 1 TWELFTH AFFIRMATIVE DEFENSE 2 (Laches) 3 12. UHCA alleges that Plaintiff waited an unreasonable period of time before asserting 4 her claims, if any, against UHCA and are barred from asserting such claims under the doctrine of 5 laches. 6 THIRTEENTH AFFIRMATIVE DEFENSE 7 (Unclean Hands) 8 13. UHCA alleges that Plaintiff is barred by the equitable doctrine of unclean hands from 9 obtaining the relief requested in the Complaint. 10 FOURTEENTH AFFIRMATIVE DEFENSE 11 (Lack of Standing) 12 14. UHCA alleges that Plaintiff’s Complaint, and each purported cause of action alleged 13 therein, is barred for lack of subject matter jurisdiction to the extent Plaintiff lacks standing to assert 14 any of the causes of action contained in the Complaint. 15 FIFTEENTH AFFIRMATIVE DEFENSE 16 (Improper Parties) 17 15. UHCA alleges that they are improper parties and not liable for the acts or omissions 18 alleged by Plaintiff. 19 SIXTEENTH AFFIRMATIVE DEFENSE 20 (Contractual Limitations) 21 16. UHCA alleges that Plaintiff’s claims are barred by limitations under the terms of 22 the contract between the parties (See Exhibit A to Complaint.) 23 24 SEVENTEENTH AFFIRMATIVE DEFENSE 25 (Release and Satisfaction) 26 17. UHCA alleges that Plaintiff’s claims are barred by release under the terms of the 27 contract between the parties (See Exhibit A to Complaint.) 28 EIGHTEENTH AFFIRMATIVE DEFENSE 4 ANSWER TO COMPLAINT 1 (Breach of Contract) 2 18. UHCA alleges that Plaintiff’s claims are barred due to Plaintiff’s own breach of 3 contract. 4 NINETEENTH AFFIRMATIVE DEFENSE 5 (Limitations of damages) 6 19. UHCA alleges that Plaintiff’s damages, if any, are limited to an award of damages in 7 the amount of $15,000.00 by the Rental Agreement (see Exhibit A to Complaint), and applicable law. 8 TWENTIETH AFFIRMATIVE DEFENSE 9 (Binding Arbitration) 10 20. UHCA alleges that Plaintiff entered into a binding arbitration agreement with UHCA 11 (See Exhibit A to Complaint.) UHCA, therefore, may elect to exercise their right and pursue 12 resolution of this dispute through arbitration. 13 TWENTY-FIRST AFFIRMATIVE DEFENSE 14 (No Fraud, Oppression, or Malice) 15 21. UHCA alleges that Plaintiff’s Complaint, and each purported cause of action alleged 16 therein, fails to state sufficient facts to constitute “fraud”, “oppression” or “malice” as defined in 17 Civil Code section 3294. UHCA further alleges that Plaintiff’s claims for punitive damages are 18 barred and/or limited by operation of state and/or federal law. 19 20 TWENTY-SECOND AFFIRMATIVE DEFENSE 21 (Reservation of Rights) 22 22. UHCA presently has insufficient knowledge or information on which to form a belief 23 as to whether it may have additional, as yet unstated affirmative defenses available. UHCA reserves 24 the right to assert additional affirmative defenses as additional facts and/or discovery warrant the 25 same. 26 PRAYER 27 WHEREFORE, U-Haul Co. of California requests: 28 1. That Plaintiff take nothing by the First Amended Complaint; 5 ANSWER TO COMPLAINT 1 2. An award of their costs of suit incurred in defending this action; 2 3. To the extent permitted by applicable law, for attorneys’ fees according to proof; and 3 4. Such other and further relief as the Court may deem just and proper. 4 5 Dated: May 20, 2023 SHOOK, HARDY & BACON L.L.P. 6 By: Rodrigo E. Salas 7 Nykeemah C. McClendon 8 Attorneys for Defendant 9 U-HAUL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 ANSWER TO COMPLAINT PROOF OF SERVICE 1 2 The undersigned declare: I am over the age of 18 years and not a party to the within action. I am 3 employed in the county where this service occurs. My business address is 2049 Century Park East, 4 Suite 2300, Los Angeles California 90067, my facsimile number is (424) 204-9093. On the date 5 shown below I served the following document(s): 6 ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT 7 on the interested parties named herein and in the manner indicated below: 8 Parties Represented Attorneys 9 Plaintiff Carol Thomas 220 Cypress Avenue 10 South San Francisco, CA 94080 CAROL THOMAS 11 ctjk9@outlook.com 12 13 ☒ (E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents 14 to be sent to the person(s) at the e-mail address(es) listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the 15 transmission was unsuccessful 16 ☒ (BY UNITED STATES MAIL) I deposited a sealed envelope containing a true and correct 17 copy of the documents listed above with the United States Postal Service with the postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The 18 envelope or package was placed in the mail at Los Angeles, CA 90067, California. 19 20 I declare under penalty of perjury under the laws of the State of California that the foregoing 21 is true and correct. 22 Executed on May 20, 2024, at Los Angeles, California. 23 24 _________________________ 25 Jessica Talavera 26 27 28 7 ANSWER TO COMPLAINT