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DERRYBERRY & ASSOCIATES LLP
ATTORNEYS AT LAW
41240 11th Street West, Suite A
2 Palmdale, California 93551
(661) 945-6115; FAX (661) 948-4772
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4 R. Steven Derryberry
State Bar No. 245234
5 Kimberly R. Rose-McCaslin
State Bar No. 248428
6 Alexander L. Massari
State Bar No. 307111
7 Denya A. Amador Ayala
State Bar No. 354536
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Attorneys for RP GOLDEN STATE MGT, LLC dba COUNTRY INN & SUITES
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
DERRYBERRY & ASSOCIATES LLP
11 FOR THE COUNTY OF KERN
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CARLOS RODRIGUEZ, CASE NO.: BCV-22-102324
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Attorneys at Law
Plaintiff,
14 ANSWER
v.
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RP GOLDEN STATE MT, LLC dba
17 COUNTRY INN & SUITES, CHOICE
HOTELS INTERNATIONAL, INC., and
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DOES 1 to 25 inclusive;
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Defendants.
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21 COMES NOW Defendant RP GOLDEN STATE MT, LLC dba COUNTRY INN &
22 SUITES, and answers the Complaint of CARLOS RODRIGUEZ as follows:
23 GENERAL DENIAL
24 1. Answering each and every allegation of the First Amended Complaint, under the
25 provisions of Code of Civil Procedure § 431.30(d), this answering defendant denies generally and
26 specifically each and every allegation contained in said Complaint, and the whole thereof, and
27 particularly denies that by reason of anything done, suffered, omitted, and/or permitted to be done
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ANSWER
1 by the defendant, that the plaintiff was injured or damaged as set forth in the Complaint, or in any
2 other way, sum, or manner, or at all.
3 FIRST AFFIRMATIVE DEFENSE
4 (Failure to State Facts Constituting a Cause of Action)
5 2. Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action and
6 is generally conclusory against this answering defendant
7 SECOND AFFIRMATIVE DEFENSE
8 (Statute of Limitations)
9 3. Each cause of action of the Complaint is barred by the applicable statutes of
10 limitations, including but not limited to Code of Civil Procedure sections 335, et seq.
THIRD AFFIRMATIVE DEFENSE
DERRYBERRY & ASSOCIATES LLP
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12 (Comparative Fault of Plaintiff)
13 4. As an affirmative defense to each cause of action of the Complaint, plaintiff was
Attorneys at Law
14 negligent or otherwise at fault and should be barred from recovery of that portion of the damages
15 directly attributable to his proportionate share of the negligence or fault, pursuant to the doctrine
16 of comparative negligence.
17 FOURTH AFFIRMATIVE DEFENSE
18 (Comparative Fault of Others)
19 5. As a further affirmative defense to each cause of action of the Complaint, the
20 provisions of Civil Code sections 1430 et seq. are applicable to this action to the extent that
21 plaintiff's injuries, if any, were legally caused or contributed to by the negligence or fault of
22 persons or entities other than this answering defendant.
23 FIFTH AFFIRMATIVE DEFENSE
24 (Indemnification, Contribution)
25 6. Defendant alleges as to each and every cause of action that they are entitled to
26 indemnification and contribution by apportionment against all parties, persons or entities whose
27 acts or omissions directly or proximately caused or contributed to the incident alleged in the
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ANSWER
1 Complaint, or to the damages allegedly sustained by plaintiff, if any, either as alleged in the
2 complaint or otherwise.
3 SIXTH AFFIRMATIVE DEFENSE
4 (Failure to Mitigate)
5 7. Plaintiff failed to act reasonably to minimize or mitigate the damages or injuries
6 alleged in the Complaint.
7 SEVENTH AFFIRMATIVE DEFENSE
8 (Laches)
9 8. The causes of action, if any, set forth in the Complaint herein are barred by the
10 doctrine of laches.
EIGHTH AFFIRMATIVE DEFENSE
DERRYBERRY & ASSOCIATES LLP
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12 (Waiver/Release)
13 9. The causes of action, if any, set forth in the Complaint herein are barred by the
Attorneys at Law
14 doctrine of waiver and/or release.
15 NINETH AFFIRMATIVE DEFENSE
16 (Estoppel)
17 10. The causes of action, if any, set forth in the Complaint herein are barred by the
18 doctrine of estoppel.
19 TENTH AFFIRMATIVE DEFENSE
20 (Unclean Hands)
21 11. The causes of action, if any, set forth in the Complaint herein are barred by the
22 doctrine of unclean hands.
23 Reservation of Rights
24 12. The pleadings do not describe the claims asserted against defendants with sufficient
25 particularity to enable defendants to determine all defenses they have or may have in response to
26 the First Amended Complaint. Defendants, therefore, reserve the right to assert any and all
27 additional affirmative defenses which may be pertinent to the First Amended Complaint once the
28 precise nature of the claims is ascertained through discovery.
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ANSWER
1 WHEREFORE, Defendants request and pray for judgment as follows:
2 1. That plaintiff take nothing by way of the Complaint and that the Complaint
3 be dismissed in its entirety with prejudice;
4 2. That defendant be awarded judgment in its favor in this action;
5 3. That defendant recovers its costs of suit incurred herein; and
6 4. That the Court award defendant such other and further relief as it deems just
7 and proper.
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9 DERRYBERRY & ASSOCIATES LLP
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7/1/2024
Date:_________________ _________________________________________
DERRYBERRY & ASSOCIATES LLP
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R. STEVEN DERRYBERRY
12 KIMBERLY R. ROSE-McCASLIN
Attorneys for RP GOLDEN STATE MT, LLC dba
13 COUNTRY INN & SUITES
Attorneys at Law
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ANSWER
PROOF OF SERVICE
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2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is 41240 11th Street West, Suite A,
4 Palmdale, California 93551.
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On July 1, 2024, I served the foregoing document described as ANSWER on the interested
6 parties in this action as follows:
7 Sharona Eslamboly Hakim, Esq. ATTORNEY’S FOR PLAINTIFF
8 Law Offices of Sharona Eslamboly Hakim CARLOS RODRIGUEZ
8730 Wilshire Blvd., Ste. 500
9 Beverly Hills, CA 90211 -2718 Emails:
(310)289-9100 narek@sehlawfirm.com
10 (310)289-9101 Fax
DERRYBERRY & ASSOCIATES LLP
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_____ BY MAIL I am “readily familiar” with the firm’s practice of collection and processing
12 correspondence for mailing. It is deposited with U.S. Postal Service with postage thereon
fully prepaid on that same day in the ordinary course of business. I am aware that on motion
13 of the party served, service is presumed invalid if postal cancellation date or postage meter
Attorneys at Law
14 date is more than 1 day after date of deposit for mailing on affidavit.
15 __X___BY E-MAIL OR ELECTRONIC TRANSMISSION, I electronically served the
document(s) to the electronic mail address(es) set forth on the service list pursuant to
16 California Judicial Council’s Emergency Rule 12 and consistent with Code of Civil
17 Procedure section 1010.6(a)(2), (4) and (5).
18 Executed on July 1, 2024, at Palmdale, California.
19 [X] STATE I declare under penalty of perjury the laws of the State of California that the
20 above is true and correct.
21 [ ] 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.
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/s/ Leticia Lopez __
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LETICIA LOPEZ
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ANSWER TO COMPLAINT
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1 DERRYBERRY & ASSOCIATES LLP ATTORNEYS AT LAW 41240 11th Street West, Suite A 2 Palmdale, California 93551 (661) 945-6115; FAX (661) 948-4772 3 4 R. Steven Derryberry State Bar No. 245234 5 Kimberly R. Rose-McCaslin State Bar No. 248428 6 Alexander L. Massari State Bar No. 307111 7 Denya A. Amador Ayala State Bar No. 354536 8 Attorneys for RP GOLDEN STATE MGT, LLC dba COUNTRY INN & SUITES 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA DERRYBERRY & ASSOCIATES LLP 11 FOR THE COUNTY OF KERN 12 CARLOS RODRIGUEZ, CASE NO.: BCV-22-102324 13 Attorneys at Law Plaintiff, 14 ANSWER v. 15 16 RP GOLDEN STATE MT, LLC dba 17 COUNTRY INN & SUITES, CHOICE HOTELS INTERNATIONAL, INC., and 18 DOES 1 to 25 inclusive; 19 Defendants. 20 21 COMES NOW Defendant RP GOLDEN STATE MT, LLC dba COUNTRY INN & 22 SUITES, and answers the Complaint of CARLOS RODRIGUEZ as follows: 23 GENERAL DENIAL 24 1. Answering each and every allegation of the First Amended Complaint, under the 25 provisions of Code of Civil Procedure § 431.30(d), this answering defendant denies generally and 26 specifically each and every allegation contained in said Complaint, and the whole thereof, and 27 particularly denies that by reason of anything done, suffered, omitted, and/or permitted to be done 28 1 ANSWER 1 by the defendant, that the plaintiff was injured or damaged as set forth in the Complaint, or in any 2 other way, sum, or manner, or at all. 3 FIRST AFFIRMATIVE DEFENSE 4 (Failure to State Facts Constituting a Cause of Action) 5 2. Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action and 6 is generally conclusory against this answering defendant 7 SECOND AFFIRMATIVE DEFENSE 8 (Statute of Limitations) 9 3. Each cause of action of the Complaint is barred by the applicable statutes of 10 limitations, including but not limited to Code of Civil Procedure sections 335, et seq. THIRD AFFIRMATIVE DEFENSE DERRYBERRY & ASSOCIATES LLP 11 12 (Comparative Fault of Plaintiff) 13 4. As an affirmative defense to each cause of action of the Complaint, plaintiff was Attorneys at Law 14 negligent or otherwise at fault and should be barred from recovery of that portion of the damages 15 directly attributable to his proportionate share of the negligence or fault, pursuant to the doctrine 16 of comparative negligence. 17 FOURTH AFFIRMATIVE DEFENSE 18 (Comparative Fault of Others) 19 5. As a further affirmative defense to each cause of action of the Complaint, the 20 provisions of Civil Code sections 1430 et seq. are applicable to this action to the extent that 21 plaintiff's injuries, if any, were legally caused or contributed to by the negligence or fault of 22 persons or entities other than this answering defendant. 23 FIFTH AFFIRMATIVE DEFENSE 24 (Indemnification, Contribution) 25 6. Defendant alleges as to each and every cause of action that they are entitled to 26 indemnification and contribution by apportionment against all parties, persons or entities whose 27 acts or omissions directly or proximately caused or contributed to the incident alleged in the 28 2 ANSWER 1 Complaint, or to the damages allegedly sustained by plaintiff, if any, either as alleged in the 2 complaint or otherwise. 3 SIXTH AFFIRMATIVE DEFENSE 4 (Failure to Mitigate) 5 7. Plaintiff failed to act reasonably to minimize or mitigate the damages or injuries 6 alleged in the Complaint. 7 SEVENTH AFFIRMATIVE DEFENSE 8 (Laches) 9 8. The causes of action, if any, set forth in the Complaint herein are barred by the 10 doctrine of laches. EIGHTH AFFIRMATIVE DEFENSE DERRYBERRY & ASSOCIATES LLP 11 12 (Waiver/Release) 13 9. The causes of action, if any, set forth in the Complaint herein are barred by the Attorneys at Law 14 doctrine of waiver and/or release. 15 NINETH AFFIRMATIVE DEFENSE 16 (Estoppel) 17 10. The causes of action, if any, set forth in the Complaint herein are barred by the 18 doctrine of estoppel. 19 TENTH AFFIRMATIVE DEFENSE 20 (Unclean Hands) 21 11. The causes of action, if any, set forth in the Complaint herein are barred by the 22 doctrine of unclean hands. 23 Reservation of Rights 24 12. The pleadings do not describe the claims asserted against defendants with sufficient 25 particularity to enable defendants to determine all defenses they have or may have in response to 26 the First Amended Complaint. Defendants, therefore, reserve the right to assert any and all 27 additional affirmative defenses which may be pertinent to the First Amended Complaint once the 28 precise nature of the claims is ascertained through discovery. 3 ANSWER 1 WHEREFORE, Defendants request and pray for judgment as follows: 2 1. That plaintiff take nothing by way of the Complaint and that the Complaint 3 be dismissed in its entirety with prejudice; 4 2. That defendant be awarded judgment in its favor in this action; 5 3. That defendant recovers its costs of suit incurred herein; and 6 4. That the Court award defendant such other and further relief as it deems just 7 and proper. 8 9 DERRYBERRY & ASSOCIATES LLP 10 7/1/2024 Date:_________________ _________________________________________ DERRYBERRY & ASSOCIATES LLP 11 R. STEVEN DERRYBERRY 12 KIMBERLY R. ROSE-McCASLIN Attorneys for RP GOLDEN STATE MT, LLC dba 13 COUNTRY INN & SUITES Attorneys at Law 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ANSWER PROOF OF SERVICE 1 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 41240 11th Street West, Suite A, 4 Palmdale, California 93551. 5 On July 1, 2024, I served the foregoing document described as ANSWER on the interested 6 parties in this action as follows: 7 Sharona Eslamboly Hakim, Esq. ATTORNEY’S FOR PLAINTIFF 8 Law Offices of Sharona Eslamboly Hakim CARLOS RODRIGUEZ 8730 Wilshire Blvd., Ste. 500 9 Beverly Hills, CA 90211 -2718 Emails: (310)289-9100 narek@sehlawfirm.com 10 (310)289-9101 Fax DERRYBERRY & ASSOCIATES LLP 11 X _____ BY MAIL I am “readily familiar” with the firm’s practice of collection and processing 12 correspondence for mailing. It is deposited with U.S. Postal Service with postage thereon fully prepaid on that same day in the ordinary course of business. I am aware that on motion 13 of the party served, service is presumed invalid if postal cancellation date or postage meter Attorneys at Law 14 date is more than 1 day after date of deposit for mailing on affidavit. 15 __X___BY E-MAIL OR ELECTRONIC TRANSMISSION, I electronically served the document(s) to the electronic mail address(es) set forth on the service list pursuant to 16 California Judicial Council’s Emergency Rule 12 and consistent with Code of Civil 17 Procedure section 1010.6(a)(2), (4) and (5). 18 Executed on July 1, 2024, at Palmdale, California. 19 [X] STATE I declare under penalty of perjury the laws of the State of California that the 20 above is true and correct. 21 [ ] 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. 22 /s/ Leticia Lopez __ 23 LETICIA LOPEZ 24 25 26 27 28 ANSWER TO COMPLAINT 1