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JAMES WALTER MICHALSKI, State Bar No. 177015
1 CHRISTINA R. KING, State Bar No. 328385
MICHALSKI LAW OFFICES
2 17011 Beach Blvd., Suite 900
Huntington Beach, California 92647
3 james@jamesmichalskilaw.com
4 christina@jamesmichalskilaw.com
Telephone: (818) 489-5069
5
Attorneys for Defendants,
6 TRIDANT SOLUTIONS, INC.
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF KERN
10
11 EVERETT CLINTON SCOTT, an ) CASE NO. BCV-24-100237
individual and on behalf of all others)
12 similarly situated, ) Complaint Filed January 23, 2024
13 ) Assigned for All Purposes to Hon. Thomas S.
Plaintiff, ) Clark
14 )
v. ) ANSWER OF DEFENDANT TRIDANT
15 ) SOLUTIONS INC.
TRIDANT SOLUTIONS, INC., a California )
16 Corporation, and DOES 1 through 100, )
inclusive, )
17 )
Defendants. )
18 )
19 _____________________________________
20 Defendant TRIDANT SOLUTIONS, INC (“Defendant”), for itself and no other
21 Defendant, hereby answer Plaintiff EVERETT CLINTON SCOTT’s unverified Class Action
22 Complaint (“Complaint’) as follows:
23
24 I. GENERAL DENIAL OF ALL ALLEGATIONS
25 Under Section 431.30(d) of the California Code of Civil Procedure, Defendant, generally
26 and specifically, denies each and every allegation of the Complaint and the whole thereof, and
27 each and every allegation of each and every cause of action alleged therein. Defendant further
28 expressly denies, generally and specifically, that Plaintiff, or any of the proposed class members,
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 is entitled to the relief requested, or that Plaintiff, or any of the proposed class members, has
2 been damaged in any sum, or at all, by reason of any act or omission on the part of Defendant or
3 any of its past or present agents, representatives, or employees.
4
5 II. AFFIRMATIVE DEFENSES
6 Defendant has not completed its investigation of the facts of this case, has not completed
7 discovery in this matter, and has not begun preparation for trial. Thus, the affirmative defenses
8 asserted herein are based on Defendant’s knowledge, information, and belief at this time, and
9 Defendant expressly reserves the right to amend or supplement any affirmative defenses at any
10 time. Without conceding or undertaking any burden or proof or production as to any of the
11 following affirmative defenses not required of it by law, Defendant alleges the following
12 separate affirmative defenses to the Complaint:
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14 FIRST AFFIRMATIVE DEFENSE
15 (Failure to State a Claim Upon Which Relief Can be Granted)
16 1. The Complaint, and each cause of action alleged therein, has failed to state any
17 cause of action, as a matter of law.
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19 SECOND AFFIRMATIVE DEFENSE
20 (Failure to Satisfy Class Action Requirements)
21 2. Plaintiff and each of the proposed class members have failed to plead adequately
22 the elements that are necessary for class action treatment, or any such elements, and therefore
23 should be barred from seeking to certify this case as a class action, including because there is no
24 ascertainable class and no well-defined community of interest among the purported class
25 members.
26 THIRD AFFIRMATIVE DEFENSE
27 (Failure of Predominant Common Questions of Law or Fact)
28 3. Plaintiff and each of the proposed class members has failed to plead adequately
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 the elements that are necessary for class action treatment and therefore should be barred from
2 seeking to certify this case as a class action, including because there is no predominant common
3 questions of law or fact between the class representatives and the purported class members.
4
5
FOURTH AFFIRMATIVE DEFENSE
6
(Failure of Class Representative Having Claims Typical of the Class)
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8 4. Plaintiff and each of the proposed class members has failed to plead adequately
9 the elements that are necessary for class action treatment and, therefore, should be barred from
10 seeking to certify this case as a class action, including because the proposed class representative
11 does not have claims typical of the purported class members.
12
13 FIFTH AFFIRMATIVE DEFENSE
14 (Failure to Quality as a Class Representative)
15
5. Plaintiff and each of the proposed class members’ alleged causes of action are
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barred, in whole or in part, as a class action because Plaintiff does not meet the requirements for
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a class representative.
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19 SIXTH AFFIRMATIVE DEFENSE
20 (Class Action Not Superior Method of Adjudication)
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6. Plaintiff and each of the proposed class members’ alleged causes of action is
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barred, in whole or in part, as a class action because a class action is not the superior method for
23
adjudicating this dispute.
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SEVENTH AFFIRMATIVE DEFENSE
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(Statute of Limitations)
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7. All causes of action in the Complaint, and each of them, is barred by the
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applicable statutes of limitations, including, but not limited to, California Code of Civil
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 Procedure Sections 337, 338, 339, and 340; California Labor Code Section 1194.2; and
2 California Business & Professions Code Section 12708.
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4 EIGHTH AFFIRMATIVE DEFENSE
5 (Unclean Hands)
6 8. Plaintiff and each of the proposed class members is barred from recovery on each
7 and every cause of action to the extent each of them acted with unclean hands.
8
9 NINTH AFFIRMATIVE DEFENSE
10 (Estoppel)
11 9. Plaintiff and each of the proposed class members, by his or her conduct, is
12 estopped from recovering on each and every cause of action by his or her own conduct.
13
14 TENTH AFFIRMATIVE DEFENSE
15 (Laches)
16 10. Plaintiff and each of the proposed class members is barred from recovery by the
17 doctrine of laches.
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19 ELEVENTH AFFIRMATIVE DEFENSE
20 (Waiver)
21 11. Plaintiff and each of the proposed class members, by his or her conduct, has
22 waived the right, if any, to seek relief requested in his Complaint.
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24 TWELFTH AFFIRMATIVE DEFENSE
25 (Good Faith Management Discretion/Privileged Legitimate Business Reasons)
26 12. Any and all conduct of which Plaintiff and each of the proposed class members
27 complains was a just and proper exercise of management discretion undertaken for fair and
28 honest reasons and regulated by good faith under the circumstances then existing.
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 THIRTEENTH AFFIRMATIVE DEFENSE
2 (Plaintiff And Each Of The Proposed Class Members’ Own Conduct)
3 13. If Plaintiff and each of the proposed class members suffered or sustained any
4 damage, injury, or detriment, such damage or injury was caused by his or her own conduct.
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6 FOURTEENTH AFFIRMATIVE DEFENSE
7 (Failure to Mitigate Damages)
8 14. Plaintiff and each of the proposed class members have failed to mitigate his or her
9 damages, and to the extent of such failure, any damages awarded to Plaintiff and each of the
10 proposed class members should be reduced commensurately.
11
12 FIFTEENTH AFFIRMATIVE DEFENSE
13 (Failure to Exhaust Administrative Remedies)
14 15. Plaintiff and each of the proposed class members has failed to exhaust
15 administrative remedies as required by the several applicable sections of the California Labor
16 Code including but not limited to sections 3600 et seq., those stated in the California Labor Code
17 relevant to obtain any civil penalties that Plaintiff and each of the proposed class members seeks,
18 those stated in the California Labor Code related to representative actions, and those stated in the
19 California Business & Professions Code section 17200 et seq. related to representative actions.
20
21 SIXTEENTH AFFIRMATIVE DEFENSE
22 (Good Cause)
23 16. Good cause existed as defined in applicable law and under any agreement that
24 Plaintiff and each of the proposed class members sues upon to terminate Plaintiff and each of the
25 proposed class members’ employment.
26 //
27 //
28 //
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 SEVENTEENTH AFFIRMATIVE DEFENSE
2 (Exempt Employee)
3 17. Plaintiff and each of the proposed class members was at all relevant times an
4 exempt employee under one or more exemptions, and Defendant is not liable for any alleged
5 violations of law, including the California Labor Code and any California Industrial Welfare
6 Commission Wage Order.
7
8 EIGHTEENTH AFFIRMATIVE DEFENSE
9 (Rest Breaks and Off-Duty Meal Periods Provided)
10 18. Plaintiff and each of the proposed class members was allowed to take any and all
11 rest breaks and off-duty meal periods to which he or she was entitled, if any, at all relevant times
12 and Defendant is not liable for any alleged violations of law including the California Labor Code
13 and any California Industrial Welfare Commission Wage Order.
14
15 NINETEENTH AFFIRMATIVE DEFENSE
16 (Waiver of Rest Breaks and Off-Duty Meal Periods Provided)
17 19. Plaintiff and each of the proposed class members by his or her actions voluntarily
18 waived any and all rest breaks and off-duty meal periods to which he or she or she was entitled,
19 if any, at all relevant times and Defendant is not liable for any alleged violations of law including
20 the California Labor Code and any California Industrial Welfare Commission Wage Order.
21
22 TWENTIETH AFFIRMATIVE DEFENSE
23 (All Monies Paid)
24 20. At all relevant times, Plaintiff and each of the proposed class members was paid
25 all monies to which he or she was entitled by law or any agreement that Plaintiff and each of the
26 proposed class members sues upon - including any overtime, bonus, benefits, wages, business
27 expense reimbursements, or penalties of any kind - and no further monies or payment of any
28 kind remain due under any section of the California Labor Code or any California Industrial
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 Welfare Commission Wage Order.
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3 TWENTY-FIRST AFFIRMATIVE DEFENSE
4 (All Monies Paid Timely)
5 21. At all relevant times, Plaintiff and each of the proposed class members was paid
6 on a timely basis all monies to which he or she was entitled by law or any agreement on a timely
7 basis that Plaintiff and each of the proposed class members sues upon - including any overtime,
8 bonus, benefits, wages, business expense reimbursements, or penalties of any kind.
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10 TWENTY-SECOND AFFIRMATIVE DEFENSE
11 (Good Faith and Good Faith Dispute)
12 22. Defendant acted in good faith and has reasonable grounds to believe that no
13 violation of any section of the California Labor Code, or any California Industrial Welfare
14 Commission Wage Order exist; any dispute with Plaintiff and each of the proposed class
15 members over any alleged missed payments, generally, is a good faith dispute and, as a matter of
16 law, waiting time penalties and penalties are not available to Plaintiff and each proposed class
17 member.
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19 TWENTY-THIRD AFFIRMATIVE DEFENSE
20 (No Waiting Time Penalties)
21 23. Defendant is not liable for any waiting time penalties to Plaintiff and each of the
22 proposed class members because Defendant acted in good faith and has reasonable grounds to
23 believe that no violation of any section of the California Labor Code, or any California Industrial
24 Welfare Commission Wage Order exist.
25
26 TWENTY-FOURTH AFFIRMATIVE DEFENSE
27 (No Standing)
28 24. Defendant is not liable for any damages, penalties, civil restitution, or liquidated
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 damages to Plaintiff and each of the proposed class members because as a private litigant each of
2 them lacks standing to obtain any such amounts as may be otherwise allowed under the
3 California Labor Code including but not limited to sections 558, 1197.1, or under any California
4 Industrial Welfare Commission Wage Order.
5
6 TWENTY-FIFTH AFFIRMATIVE DEFENSE
7 (No Damages / Liquidated Damages Under Section Cal. B & P Code §17200 et seq.)
8 25. Defendant is not liable to Plaintiff and each of the proposed class members for
9 any damages or liquidated damages as no damages or liquidated damages are available under
10 California Business & Professions Code section 17200 et seq.
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12 TWENTY-SIXTH AFFIRMATIVE DEFENSE
13 (No Waiting Time Penalties Under Section Cal. B & P Code §17200 et seq.)
14 26. Defendant is not liable for any damages to Plaintiff and each of the proposed class
15 members as no waiting time penalties are available under California Business & Professions
16 Code section 17200 et seq.
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18 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
19 (No Attorney Fees Available Under Section Cal. B & P Code §17200 et seq.)
20 27. Defendant is not liable for any damages to Plaintiff and each of the proposed class
21 members as no attorneys’ fees are available under California Business & Professions Code
22 section 17200 et seq.
23
24 TWENTY-EIGHTH AFFIRMATIVE DEFENSE
25 (No Unjust Enrichment and/or Adequate Remedy at Law)
26 28. Defendant did not obtain any unjust enrichment from Plaintiff and each of the
27 proposed class members within the meaning of California Business & Professions Code section
28 17200 et seq. and/or there is an adequate remedy at law for Plaintiff and each of the proposed
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 class members.
2
3 TWENTY-NINTH AFFIRMATIVE DEFENSE
4 (No Actionable Conduct Under Section 17200 et seq.)
5 29. Defendant committed no unlawful, unfair, or fraudulent business act or practice,
6 or any unfair, deceptive, untrue or misleading advertising act within the meaning of California
7 Business & Professions Code section 17200 et seq. that would support a claim under California
8 Business & Professions Code section 17200 et seq. by Plaintiff and each of the proposed class
9 members.
10
11 THIRTIETH AFFIRMATIVE DEFENSE
12 (No Underlying Violation of Law For a Section 17200 et seq.)
13 30. Defendant committed no violation of any state or federal laws that would support
14 a claim under California Business & Professions Code section 17200 et seq. by Plaintiff and each
15 of the proposed class members.
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17 THIRTY-FIRST AFFIRMATIVE DEFENSE
18 (Benefits of Business Practice)
19 31. Defendant is not liable for violation of the unfair competition law under
20 California Business & Professions Code section 17200 et seq., because the benefits of
21 Defendant’s practices to Plaintiff and each of the proposed class members outweigh whatever
22 particular harm or impacts the practices allegedly caused each of them.
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24 THIRTY-SECOND AFFIRMATIVE DEFENSE
25 (Allowed to Review/Given Wage Statements)
26 32. Defendant is not liable for any damages to Plaintiff and each of the proposed class
27 members under the California Labor Code as Plaintiff and each of the proposed class members
28 was allowed to view and given appropriate and complete wage statements in full compliance
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 with all relevant sections of the California Labor Code.
2
THIRTY-THIRD AFFIRMATIVE DEFENSE
3
(Accurate Payroll Record Maintained)
4
33. Defendant is not liable for any damages to Plaintiff and each of the proposed class
5
members under the California Labor Code as Defendant maintained accurate payroll records for
6
Plaintiff and each of the proposed class members in full compliance with all relevant sections of
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the California Labor Code.
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10 THIRTY-FOURTH AFFIRMATIVE DEFENSE
11 (After-Acquired Evidence)
12 34. After-acquired evidence Defendant has obtained or will obtain before trial of
13 Plaintiff and each of the proposed class members’ misconduct requires that Plaintiff and each of
14 the proposed class members’ recovery, if any, be barred or reduced accordingly.
15
16 THIRTY-FIFTH AFFIRMATIVE DEFENSE
17 (No Conduct Allowing Punitive or Exemplary Damages)
18 35. Defendant is not liable for any punitive or exemplary damages to Plaintiff and
19 each of the proposed class members because no officer, director or managing agent of the
corporation (a) personally engaged in oppression, fraud or malice; (b) had advanced knowledge
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of the unfitness of any employee who engaged in oppression, fraud or malice and employed that
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employee with a conscious disregard of the rights and safety of others; or (c) authorized or
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ratified any employee to engage in oppression, fraud or malice, as required by California Civil
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Code Section 3294.
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THIRTY-SIXTH AFFIRMATIVE DEFENSE
26
(No Excessive Punitive or Exemplary Damages)
27
36. Defendant is not liable for any punitive or exemplary damages, or excessive said
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 damages, to Plaintiff and each of the proposed class members because any excessive award of
2 punitive or exemplary damages under California law in general or as applied to the facts in this
3 case, would violate Defendant’s constitutional rights under provisions of the United States and
4 California Constitutions, including, but not limited to, the due process clauses of the Fifth and
5 Fourteenth Amendments to the United States Constitution, as set forth in State Farm Mutual
6 Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003), and the excessive fines clause of the
7 Eighth and Fourteenth Amendments to the United States Constitution.
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9 THIRTY-SEVENTH AFFIRMATIVE DEFENSE
10 (No Attorney’s Fees)
11 37. Defendant is not liable for any attorney’s fees because Plaintiff and each of the
12 proposed class members have no ground in law or any agreement that he or she sues upon for the
13 recovery of them.
14
15 THIRTY-EIGHTH AFFIRMATIVE DEFENSE
16 (Bar to Claims for Penalties)
17 38. Defendant is precluded from suing for any or excessive penalties, of any type,
18 including those under the California Labor Code and the California Business & Professions Code
19 section 17200 et seq., because of the due process clause of the Fourteenth Amendment of the
20 United States Constitution as set forth in State Farm Mutual Automobile Ins. Co. v. Campbell,
21 538 U.S. 408 (2003), and because no penalties are available under California Business &
22 Professions Code section 17200 et seq.
23
24 THIRTY-NINTH AFFIRMATIVE DEFENSE
25 (Frivolous, Unreasonable, and Groundless Suit)
26 39. Plaintiff and each of the proposed class members’ action is frivolous,
27 unreasonable, and groundless, and under California Code of Civil Procedure section 128.7,
28 Defendant are entitled to attorney’s fees and other costs associated with this action.
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1
2 FORTIETH AFFIRMATIVE DEFENSE
3 (Additional Affirmative Defenses)
4 40. Defendant alleges that it may become aware of additional affirmative defenses
5 available to it and reserves the right to amend this answer by pleading or at trial to state
6 additional affirmative answers that are not currently stated herein.
7
8 PRAYER
9 WHEREFORE, Defendant prays for judgment as follows:
10 1. That Plaintiff and each of the proposed class members take nothing by reason of
11 the Complaint herein;
12 2. To the extent to which law, equity, or contract allows, for reasonable attorney's
13 fees;
14 3. To the extent to which law, equity, or contract allows, for costs of suit incurred
15 herein; and
16 4. For such other and further relief as the Court may deem just and proper.
17
18 DATED: May 22, 2024 By: James W. Michalski
19
______________________________
20 Attorney for Defendant TRIDANT
21 SOLUTIONS, INC
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF KERN
3 1. At the time of service, I was at least 18 years of age and not a party to the legal action.
4 2. My business address is 17011 Beach Blvd., Suite 900, Huntington Beach, California
92647.
5
3. I served copies of the following documents (specify the exact title of each document
6 served):
7 ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC.
8 4. I served the documents listed above in item 3 on the following persons at the addresses
listed:
9 David D. Bibiyan (Cal. Bar No. 287811)
10 david@tomorrowlaw.com
Jeffrey D. Klein (Cal. Bar No. 297296)
11 jeff@tomorrowlaw.com
12 Bijan Mohseni (Cal. Bar No.338276)
bijan@tomorrowlaw.com
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14 BIBIYAN LAW GROUP, P.C.
8484 Wilshire Boulevard, Suite 500
15
Beverly Hills, California 90211
16 Tel: (310) 438-5555; Fax: (310) 300-1705
17
5. a. By Email in accordance with Code of Civil Procedure section 1010.6
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19 6. I served the documents by the means described in item 5 on (date): May 22, 2024
20 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
21
5/22/24 James Walter Michalski
22 DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
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ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC
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JAMES WALTER MICHALSKI, State Bar No. 177015 1 CHRISTINA R. KING, State Bar No. 328385 MICHALSKI LAW OFFICES 2 17011 Beach Blvd., Suite 900 Huntington Beach, California 92647 3 james@jamesmichalskilaw.com 4 christina@jamesmichalskilaw.com Telephone: (818) 489-5069 5 Attorneys for Defendants, 6 TRIDANT SOLUTIONS, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN 10 11 EVERETT CLINTON SCOTT, an ) CASE NO. BCV-24-100237 individual and on behalf of all others) 12 similarly situated, ) Complaint Filed January 23, 2024 13 ) Assigned for All Purposes to Hon. Thomas S. Plaintiff, ) Clark 14 ) v. ) ANSWER OF DEFENDANT TRIDANT 15 ) SOLUTIONS INC. TRIDANT SOLUTIONS, INC., a California ) 16 Corporation, and DOES 1 through 100, ) inclusive, ) 17 ) Defendants. ) 18 ) 19 _____________________________________ 20 Defendant TRIDANT SOLUTIONS, INC (“Defendant”), for itself and no other 21 Defendant, hereby answer Plaintiff EVERETT CLINTON SCOTT’s unverified Class Action 22 Complaint (“Complaint’) as follows: 23 24 I. GENERAL DENIAL OF ALL ALLEGATIONS 25 Under Section 431.30(d) of the California Code of Civil Procedure, Defendant, generally 26 and specifically, denies each and every allegation of the Complaint and the whole thereof, and 27 each and every allegation of each and every cause of action alleged therein. Defendant further 28 expressly denies, generally and specifically, that Plaintiff, or any of the proposed class members, -1- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 is entitled to the relief requested, or that Plaintiff, or any of the proposed class members, has 2 been damaged in any sum, or at all, by reason of any act or omission on the part of Defendant or 3 any of its past or present agents, representatives, or employees. 4 5 II. AFFIRMATIVE DEFENSES 6 Defendant has not completed its investigation of the facts of this case, has not completed 7 discovery in this matter, and has not begun preparation for trial. Thus, the affirmative defenses 8 asserted herein are based on Defendant’s knowledge, information, and belief at this time, and 9 Defendant expressly reserves the right to amend or supplement any affirmative defenses at any 10 time. Without conceding or undertaking any burden or proof or production as to any of the 11 following affirmative defenses not required of it by law, Defendant alleges the following 12 separate affirmative defenses to the Complaint: 13 14 FIRST AFFIRMATIVE DEFENSE 15 (Failure to State a Claim Upon Which Relief Can be Granted) 16 1. The Complaint, and each cause of action alleged therein, has failed to state any 17 cause of action, as a matter of law. 18 19 SECOND AFFIRMATIVE DEFENSE 20 (Failure to Satisfy Class Action Requirements) 21 2. Plaintiff and each of the proposed class members have failed to plead adequately 22 the elements that are necessary for class action treatment, or any such elements, and therefore 23 should be barred from seeking to certify this case as a class action, including because there is no 24 ascertainable class and no well-defined community of interest among the purported class 25 members. 26 THIRD AFFIRMATIVE DEFENSE 27 (Failure of Predominant Common Questions of Law or Fact) 28 3. Plaintiff and each of the proposed class members has failed to plead adequately -2- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 the elements that are necessary for class action treatment and therefore should be barred from 2 seeking to certify this case as a class action, including because there is no predominant common 3 questions of law or fact between the class representatives and the purported class members. 4 5 FOURTH AFFIRMATIVE DEFENSE 6 (Failure of Class Representative Having Claims Typical of the Class) 7 8 4. Plaintiff and each of the proposed class members has failed to plead adequately 9 the elements that are necessary for class action treatment and, therefore, should be barred from 10 seeking to certify this case as a class action, including because the proposed class representative 11 does not have claims typical of the purported class members. 12 13 FIFTH AFFIRMATIVE DEFENSE 14 (Failure to Quality as a Class Representative) 15 5. Plaintiff and each of the proposed class members’ alleged causes of action are 16 barred, in whole or in part, as a class action because Plaintiff does not meet the requirements for 17 a class representative. 18 19 SIXTH AFFIRMATIVE DEFENSE 20 (Class Action Not Superior Method of Adjudication) 21 6. Plaintiff and each of the proposed class members’ alleged causes of action is 22 barred, in whole or in part, as a class action because a class action is not the superior method for 23 adjudicating this dispute. 24 SEVENTH AFFIRMATIVE DEFENSE 25 (Statute of Limitations) 26 7. All causes of action in the Complaint, and each of them, is barred by the 27 applicable statutes of limitations, including, but not limited to, California Code of Civil 28 -3- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 Procedure Sections 337, 338, 339, and 340; California Labor Code Section 1194.2; and 2 California Business & Professions Code Section 12708. 3 4 EIGHTH AFFIRMATIVE DEFENSE 5 (Unclean Hands) 6 8. Plaintiff and each of the proposed class members is barred from recovery on each 7 and every cause of action to the extent each of them acted with unclean hands. 8 9 NINTH AFFIRMATIVE DEFENSE 10 (Estoppel) 11 9. Plaintiff and each of the proposed class members, by his or her conduct, is 12 estopped from recovering on each and every cause of action by his or her own conduct. 13 14 TENTH AFFIRMATIVE DEFENSE 15 (Laches) 16 10. Plaintiff and each of the proposed class members is barred from recovery by the 17 doctrine of laches. 18 19 ELEVENTH AFFIRMATIVE DEFENSE 20 (Waiver) 21 11. Plaintiff and each of the proposed class members, by his or her conduct, has 22 waived the right, if any, to seek relief requested in his Complaint. 23 24 TWELFTH AFFIRMATIVE DEFENSE 25 (Good Faith Management Discretion/Privileged Legitimate Business Reasons) 26 12. Any and all conduct of which Plaintiff and each of the proposed class members 27 complains was a just and proper exercise of management discretion undertaken for fair and 28 honest reasons and regulated by good faith under the circumstances then existing. -4- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 THIRTEENTH AFFIRMATIVE DEFENSE 2 (Plaintiff And Each Of The Proposed Class Members’ Own Conduct) 3 13. If Plaintiff and each of the proposed class members suffered or sustained any 4 damage, injury, or detriment, such damage or injury was caused by his or her own conduct. 5 6 FOURTEENTH AFFIRMATIVE DEFENSE 7 (Failure to Mitigate Damages) 8 14. Plaintiff and each of the proposed class members have failed to mitigate his or her 9 damages, and to the extent of such failure, any damages awarded to Plaintiff and each of the 10 proposed class members should be reduced commensurately. 11 12 FIFTEENTH AFFIRMATIVE DEFENSE 13 (Failure to Exhaust Administrative Remedies) 14 15. Plaintiff and each of the proposed class members has failed to exhaust 15 administrative remedies as required by the several applicable sections of the California Labor 16 Code including but not limited to sections 3600 et seq., those stated in the California Labor Code 17 relevant to obtain any civil penalties that Plaintiff and each of the proposed class members seeks, 18 those stated in the California Labor Code related to representative actions, and those stated in the 19 California Business & Professions Code section 17200 et seq. related to representative actions. 20 21 SIXTEENTH AFFIRMATIVE DEFENSE 22 (Good Cause) 23 16. Good cause existed as defined in applicable law and under any agreement that 24 Plaintiff and each of the proposed class members sues upon to terminate Plaintiff and each of the 25 proposed class members’ employment. 26 // 27 // 28 // -5- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 SEVENTEENTH AFFIRMATIVE DEFENSE 2 (Exempt Employee) 3 17. Plaintiff and each of the proposed class members was at all relevant times an 4 exempt employee under one or more exemptions, and Defendant is not liable for any alleged 5 violations of law, including the California Labor Code and any California Industrial Welfare 6 Commission Wage Order. 7 8 EIGHTEENTH AFFIRMATIVE DEFENSE 9 (Rest Breaks and Off-Duty Meal Periods Provided) 10 18. Plaintiff and each of the proposed class members was allowed to take any and all 11 rest breaks and off-duty meal periods to which he or she was entitled, if any, at all relevant times 12 and Defendant is not liable for any alleged violations of law including the California Labor Code 13 and any California Industrial Welfare Commission Wage Order. 14 15 NINETEENTH AFFIRMATIVE DEFENSE 16 (Waiver of Rest Breaks and Off-Duty Meal Periods Provided) 17 19. Plaintiff and each of the proposed class members by his or her actions voluntarily 18 waived any and all rest breaks and off-duty meal periods to which he or she or she was entitled, 19 if any, at all relevant times and Defendant is not liable for any alleged violations of law including 20 the California Labor Code and any California Industrial Welfare Commission Wage Order. 21 22 TWENTIETH AFFIRMATIVE DEFENSE 23 (All Monies Paid) 24 20. At all relevant times, Plaintiff and each of the proposed class members was paid 25 all monies to which he or she was entitled by law or any agreement that Plaintiff and each of the 26 proposed class members sues upon - including any overtime, bonus, benefits, wages, business 27 expense reimbursements, or penalties of any kind - and no further monies or payment of any 28 kind remain due under any section of the California Labor Code or any California Industrial -6- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 Welfare Commission Wage Order. 2 3 TWENTY-FIRST AFFIRMATIVE DEFENSE 4 (All Monies Paid Timely) 5 21. At all relevant times, Plaintiff and each of the proposed class members was paid 6 on a timely basis all monies to which he or she was entitled by law or any agreement on a timely 7 basis that Plaintiff and each of the proposed class members sues upon - including any overtime, 8 bonus, benefits, wages, business expense reimbursements, or penalties of any kind. 9 10 TWENTY-SECOND AFFIRMATIVE DEFENSE 11 (Good Faith and Good Faith Dispute) 12 22. Defendant acted in good faith and has reasonable grounds to believe that no 13 violation of any section of the California Labor Code, or any California Industrial Welfare 14 Commission Wage Order exist; any dispute with Plaintiff and each of the proposed class 15 members over any alleged missed payments, generally, is a good faith dispute and, as a matter of 16 law, waiting time penalties and penalties are not available to Plaintiff and each proposed class 17 member. 18 19 TWENTY-THIRD AFFIRMATIVE DEFENSE 20 (No Waiting Time Penalties) 21 23. Defendant is not liable for any waiting time penalties to Plaintiff and each of the 22 proposed class members because Defendant acted in good faith and has reasonable grounds to 23 believe that no violation of any section of the California Labor Code, or any California Industrial 24 Welfare Commission Wage Order exist. 25 26 TWENTY-FOURTH AFFIRMATIVE DEFENSE 27 (No Standing) 28 24. Defendant is not liable for any damages, penalties, civil restitution, or liquidated -7- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 damages to Plaintiff and each of the proposed class members because as a private litigant each of 2 them lacks standing to obtain any such amounts as may be otherwise allowed under the 3 California Labor Code including but not limited to sections 558, 1197.1, or under any California 4 Industrial Welfare Commission Wage Order. 5 6 TWENTY-FIFTH AFFIRMATIVE DEFENSE 7 (No Damages / Liquidated Damages Under Section Cal. B & P Code §17200 et seq.) 8 25. Defendant is not liable to Plaintiff and each of the proposed class members for 9 any damages or liquidated damages as no damages or liquidated damages are available under 10 California Business & Professions Code section 17200 et seq. 11 12 TWENTY-SIXTH AFFIRMATIVE DEFENSE 13 (No Waiting Time Penalties Under Section Cal. B & P Code §17200 et seq.) 14 26. Defendant is not liable for any damages to Plaintiff and each of the proposed class 15 members as no waiting time penalties are available under California Business & Professions 16 Code section 17200 et seq. 17 18 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 19 (No Attorney Fees Available Under Section Cal. B & P Code §17200 et seq.) 20 27. Defendant is not liable for any damages to Plaintiff and each of the proposed class 21 members as no attorneys’ fees are available under California Business & Professions Code 22 section 17200 et seq. 23 24 TWENTY-EIGHTH AFFIRMATIVE DEFENSE 25 (No Unjust Enrichment and/or Adequate Remedy at Law) 26 28. Defendant did not obtain any unjust enrichment from Plaintiff and each of the 27 proposed class members within the meaning of California Business & Professions Code section 28 17200 et seq. and/or there is an adequate remedy at law for Plaintiff and each of the proposed -8- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 class members. 2 3 TWENTY-NINTH AFFIRMATIVE DEFENSE 4 (No Actionable Conduct Under Section 17200 et seq.) 5 29. Defendant committed no unlawful, unfair, or fraudulent business act or practice, 6 or any unfair, deceptive, untrue or misleading advertising act within the meaning of California 7 Business & Professions Code section 17200 et seq. that would support a claim under California 8 Business & Professions Code section 17200 et seq. by Plaintiff and each of the proposed class 9 members. 10 11 THIRTIETH AFFIRMATIVE DEFENSE 12 (No Underlying Violation of Law For a Section 17200 et seq.) 13 30. Defendant committed no violation of any state or federal laws that would support 14 a claim under California Business & Professions Code section 17200 et seq. by Plaintiff and each 15 of the proposed class members. 16 17 THIRTY-FIRST AFFIRMATIVE DEFENSE 18 (Benefits of Business Practice) 19 31. Defendant is not liable for violation of the unfair competition law under 20 California Business & Professions Code section 17200 et seq., because the benefits of 21 Defendant’s practices to Plaintiff and each of the proposed class members outweigh whatever 22 particular harm or impacts the practices allegedly caused each of them. 23 24 THIRTY-SECOND AFFIRMATIVE DEFENSE 25 (Allowed to Review/Given Wage Statements) 26 32. Defendant is not liable for any damages to Plaintiff and each of the proposed class 27 members under the California Labor Code as Plaintiff and each of the proposed class members 28 was allowed to view and given appropriate and complete wage statements in full compliance -9- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 with all relevant sections of the California Labor Code. 2 THIRTY-THIRD AFFIRMATIVE DEFENSE 3 (Accurate Payroll Record Maintained) 4 33. Defendant is not liable for any damages to Plaintiff and each of the proposed class 5 members under the California Labor Code as Defendant maintained accurate payroll records for 6 Plaintiff and each of the proposed class members in full compliance with all relevant sections of 7 the California Labor Code. 8 9 10 THIRTY-FOURTH AFFIRMATIVE DEFENSE 11 (After-Acquired Evidence) 12 34. After-acquired evidence Defendant has obtained or will obtain before trial of 13 Plaintiff and each of the proposed class members’ misconduct requires that Plaintiff and each of 14 the proposed class members’ recovery, if any, be barred or reduced accordingly. 15 16 THIRTY-FIFTH AFFIRMATIVE DEFENSE 17 (No Conduct Allowing Punitive or Exemplary Damages) 18 35. Defendant is not liable for any punitive or exemplary damages to Plaintiff and 19 each of the proposed class members because no officer, director or managing agent of the corporation (a) personally engaged in oppression, fraud or malice; (b) had advanced knowledge 20 of the unfitness of any employee who engaged in oppression, fraud or malice and employed that 21 employee with a conscious disregard of the rights and safety of others; or (c) authorized or 22 ratified any employee to engage in oppression, fraud or malice, as required by California Civil 23 Code Section 3294. 24 25 THIRTY-SIXTH AFFIRMATIVE DEFENSE 26 (No Excessive Punitive or Exemplary Damages) 27 36. Defendant is not liable for any punitive or exemplary damages, or excessive said 28 -10- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 damages, to Plaintiff and each of the proposed class members because any excessive award of 2 punitive or exemplary damages under California law in general or as applied to the facts in this 3 case, would violate Defendant’s constitutional rights under provisions of the United States and 4 California Constitutions, including, but not limited to, the due process clauses of the Fifth and 5 Fourteenth Amendments to the United States Constitution, as set forth in State Farm Mutual 6 Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003), and the excessive fines clause of the 7 Eighth and Fourteenth Amendments to the United States Constitution. 8 9 THIRTY-SEVENTH AFFIRMATIVE DEFENSE 10 (No Attorney’s Fees) 11 37. Defendant is not liable for any attorney’s fees because Plaintiff and each of the 12 proposed class members have no ground in law or any agreement that he or she sues upon for the 13 recovery of them. 14 15 THIRTY-EIGHTH AFFIRMATIVE DEFENSE 16 (Bar to Claims for Penalties) 17 38. Defendant is precluded from suing for any or excessive penalties, of any type, 18 including those under the California Labor Code and the California Business & Professions Code 19 section 17200 et seq., because of the due process clause of the Fourteenth Amendment of the 20 United States Constitution as set forth in State Farm Mutual Automobile Ins. Co. v. Campbell, 21 538 U.S. 408 (2003), and because no penalties are available under California Business & 22 Professions Code section 17200 et seq. 23 24 THIRTY-NINTH AFFIRMATIVE DEFENSE 25 (Frivolous, Unreasonable, and Groundless Suit) 26 39. Plaintiff and each of the proposed class members’ action is frivolous, 27 unreasonable, and groundless, and under California Code of Civil Procedure section 128.7, 28 Defendant are entitled to attorney’s fees and other costs associated with this action. -11- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 2 FORTIETH AFFIRMATIVE DEFENSE 3 (Additional Affirmative Defenses) 4 40. Defendant alleges that it may become aware of additional affirmative defenses 5 available to it and reserves the right to amend this answer by pleading or at trial to state 6 additional affirmative answers that are not currently stated herein. 7 8 PRAYER 9 WHEREFORE, Defendant prays for judgment as follows: 10 1. That Plaintiff and each of the proposed class members take nothing by reason of 11 the Complaint herein; 12 2. To the extent to which law, equity, or contract allows, for reasonable attorney's 13 fees; 14 3. To the extent to which law, equity, or contract allows, for costs of suit incurred 15 herein; and 16 4. For such other and further relief as the Court may deem just and proper. 17 18 DATED: May 22, 2024 By: James W. Michalski 19 ______________________________ 20 Attorney for Defendant TRIDANT 21 SOLUTIONS, INC 22 23 24 25 26 27 28 -12- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF KERN 3 1. At the time of service, I was at least 18 years of age and not a party to the legal action. 4 2. My business address is 17011 Beach Blvd., Suite 900, Huntington Beach, California 92647. 5 3. I served copies of the following documents (specify the exact title of each document 6 served): 7 ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC. 8 4. I served the documents listed above in item 3 on the following persons at the addresses listed: 9 David D. Bibiyan (Cal. Bar No. 287811) 10 david@tomorrowlaw.com Jeffrey D. Klein (Cal. Bar No. 297296) 11 jeff@tomorrowlaw.com 12 Bijan Mohseni (Cal. Bar No.338276) bijan@tomorrowlaw.com 13 14 BIBIYAN LAW GROUP, P.C. 8484 Wilshire Boulevard, Suite 500 15 Beverly Hills, California 90211 16 Tel: (310) 438-5555; Fax: (310) 300-1705 17 5. a. By Email in accordance with Code of Civil Procedure section 1010.6 18 19 6. I served the documents by the means described in item 5 on (date): May 22, 2024 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 5/22/24 James Walter Michalski 22 DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 23 24 25 26 27 28 -13- ANSWER OF DEFENDANT TRIDANT SOLUTIONS, INC