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1 LAW OFFICES OF SANTA CRUZ, CANNON & KOTHARY
Spencer Johnson, Esq. – SBN: 310890
2 1615 Murray Canyon Road, Suite 300
San Diego, CA 92108-4314
ELECTRONICALLY
3 Mailing: P.O. Box 85462
San Diego, CA 92186-5462 FILED
Tel: 619-744-6800; Fax: 603-334-7071 Superior Court of California,
4 County of San Francisco
5 Attorney for Defendant, RYAN CHRISTOPHER JANG 06/09/2020
Clerk of the Court
BY: MADONNA CARANTO
6 Deputy Clerk
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
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11 BILLY J. SNOOK, Case No.: CGC 20 582321
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Plaintiff, Complaint Filed: January 21, 2020
13 Assigned To: Honorable Garrett L. Wong
v. Dept.: 610
14 Trial Date: Not Yet Set
RYAN CHRISTOPHER JANG and DOES 1
15 to 10, Inclusive, ANSWER TO COMPLAINT
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Defendant.
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18 Defendant, RYAN CHRISTOPHER JANG, in answer to the unverified Complaint, on file
19 herein, and by virtue of the provisions of California Code of Civil Procedure section 431.30, now file
20 their Answer to said unverified Complaint and to each cause of action thereof and answering all of the
21 allegations thereof, Defendants deny each and all of them. Defendants further specifically deny that
22 Plaintiffs have been damaged in any sum or sums whatsoever, or at all.
23 Defendants state the following separate affirmative defenses to this action:
24 AFFIRMATIVE DEFENSES
25 1. As to each and every cause of action alleged in the Complaint herein, Defendants are
26 informed and believe and thereon allege that any and all alleged events, happenings, injuries and
27 damages, if any, were proximately caused or contributed to by the failure of Plaintiffs to exercise
28 ordinary care at the time and place alleged.
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ANSWER TO COMPLAINT
1 2. As to each and every cause of action alleged in the Complaint herein, Defendants are
2 informed and believe and thereon allege that Plaintiffs fail to state facts sufficient to constitute a cause
3 of action.
4 3. As to each and every cause of action alleged in the Complaint herein, Defendants are
5 informed and believe and thereon allege that the injuries and damages complained of by Plaintiffs, if
6 any there were, were either wholly, or in part, directly and proximately caused by the conduct of
7 persons or entities other than these answering Defendants.
8 4. As to each and every cause of action alleged in the Complaint herein, Defendants are
9 informed and believe and thereon allege that the injuries and damages complained of by Plaintiffs if
10 any there were, were either wholly, or in part, directly and proximately caused by the conduct of
11 persons or entities other than these answering Defendants, and said conduct is either imputed to
12 Plaintiffs by reason of the relationship between Plaintiffs and said persons or entities, or comparatively
13 reduces the proportion of liability of these answering Defendants.
14 5. As to each and every cause of action alleged in the Complaint herein, Defendants are
15 informed and believe and thereon allege that Plaintiffs have failed to mitigate Plaintiffs’ damages, if
16 any.
17 6. As to each and every cause of action alleged in the Complaint herein, Defendants are
18 informed and believe and thereon allege that any and all alleged events, happenings, injuries and
19 damages, if any, were proximately caused or contributed to by Plaintiffs, who assumed all risks and
20 hazards incident to the conduct alleged in the charging allegations.
21 7. As to each and every cause of action alleged in the Complaint herein, Defendants are
22 informed and believe and thereon allege that any injuries and damages which Plaintiffs may have
23 suffered were proximately caused by the several negligence of named parties or the fictitiously named
24 parties, or any of them, or others and accordingly, liability for non-economic damages, if any, must be
25 apportioned, reduced, or allocated in direct proportion to that party’s percentage of fault. (C.C. §
26 1431.1 et seq.)
27 8. As to each and every cause of action alleged in the Complaint herein, Defendants are
28 informed and believe and thereon allege that Plaintiffs have failed to act reasonably to minimize any
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ANSWER TO COMPLAINT
1 loss or harm that they suffered and could have avoided such harm by making reasonable efforts or
2 expenditures.
3 9. As to each and every cause of action alleged in the Complaint herein, Defendants are
4 informed and believe and thereon allege that Plaintiffs caused in total or in part the subject motor
5 vehicle accident by stopping/braking/slowing suddenly or inadvertently without any adequate, legal
6 and/or reasonable justification or explanation.
7 10. As to each and every cause of action alleged in the Complaint herein, Defendants are
8 informed and believe and thereon allege that Plaintiffs were not wearing a seatbelt in violation of
9 California Vehicle Code section 27315, thereby contributing to and causing their own injuries.
10 11. As to each and every cause of action alleged in the Complaint herein, Defendants are
11 informed and believe and thereon allege that the Complaint is barred by the applicable statutes of
12 limitations, including, but not limited to, any and/or all of the provisions of Code of Civil Procedure
13 Sections 335.1, 337, 337.1, 337.15, 338(a), 338(b), 338(c), 338(d), 339, 340 and/or 343.
14 12. As to each and every cause of action alleged in the Complaint herein, Defendants are
15 informed and believe and thereon allege that Plaintiffs have failed to comply with Vehicle Code
16 Sections 23152 and 23153 and/or pursuant to Civil Code Section 3333.4, the Plaintiffs are barred
17 from recovering non-economic damages.
18 13. As to each and every cause of action alleged in the Complaint herein, Defendants are
19 informed and believe and thereon allege that Plaintiffs’ right of recovery is limited based upon
20 California Civil Code Section 3333.4(a)(2) because Plaintiff was the owner of the involved vehicle
21 and did not have insurance as required by the law of the State of California as of the date of the
22 alleged accident.
23 14. As to each and every cause of action alleged in the Complaint herein, Defendants are
24 informed and believe and thereon allege that Plaintiffs’ right of recovery is limited based upon
25 California Civil Code Section 3333.4(a)(3) because Plaintiff was the uninsured operator of the vehicle
26 she/he was operating at the time of the alleged accident.
27 WHEREFORE, these answering Defendants pray that Plaintiffs take nothing by reason of
28 their Complaint and that these answering Defendants be given judgment for their costs of suit
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ANSWER TO COMPLAINT
1 incurred herein, to be incurred, and for such other and further relief as the Court deems just and
2 proper.
3 Dated: June 8, 2020 SANTA CRUZ, CANNON & KOTHARY
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SPENCER JOHNSON, ESQ.
8 Attorney for Defendant, RYAN
CHRISTOPHER JANG
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ANSWER TO COMPLAINT
Billy J. Snook v. Ryan Christopher Jang
SAN FRANCISCO County Superior Court Case No. CGC 20 582321
DECLARATION OF SERVICE [C.C.P. § 1013A, C.R.C. §§ 2003, 2008]
At the time of service I was over 18 years of age and not a party to this action. I am an employee of Santa Cruz,
Cannon & Kothary. My business address is 1615 Murray Canyon Road, Ste 300, San Diego, CA 92108-4314.
On this date I served the following document(s) by the following means:
ANSWER TO COMPLAINT
NOTICE OF POSTING JURY FEES
XX ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail
address(es) listed based on notice provided on June 9, 2020 that, during the Coronavirus (COVID-19) pandemic, this
office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No
electronic message or other indication that the transmission was unsuccessful was received within a reasonable time
after the transmission.
Scott Brickell, Esq. Attorneys for Plaintiff,
Law Offices of Scott Brickel BILLY J. SNOOK
218 North Canon Drive, Suite A
Beverly Hills, CA 90210 Tel: (310) 858-3555
scottbrickell@hotmail.com Fax: (310) 858-1934
State: I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
EXECUTED on June 9, 2020, at San Diego, California.
_____________________________
Jennifer Jarrold
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DECLARATION OF SERVICE