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  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • BILLY J SNOOK VS. RYAN CHRISTOPHER JANG PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
						
                                

Preview

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 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 BILLY J. SNOOK, Case No.: CGC 20 582321 12 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 16 Defendant. 17 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. -1- 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 -2- 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 -3- 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 4 5 6 7 SPENCER JOHNSON, ESQ. 8 Attorney for Defendant, RYAN CHRISTOPHER JANG 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 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 -1- DECLARATION OF SERVICE