Preview
1 Elaine K. Fresch (SBN CA 119809)
efresch@selmanlaw.com
2 Julie V. Oneto (SBN CA 239994)
ELECTRONICALLY
joneto@selmanlaw.com
3 SELMAN BREITMAN LLP FILED
33 New Montgomery, Sixth Floor Superior Court of California,
County of San Francisco
4 San Francisco, CA 94105-4537
Telephone: 415.979.0400 06/30/2020
5 Facsimile: 415.979.2099 Clerk of the Court
BY: EDWARD SANTOS
Deputy Clerk
6 Attorneys for Defendant
BSH HOME APPLIANCES CORPORATION
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 EVEREST NATIONAL INSURANCE Case No. CGC-20-584457
LLP
COMPANY a/s/o The 2865 Jackson State Farm General Insurance Co. a/s/o Ang Li
12 Association, v. BSH Home Appliances Corporation, et al,
Selman Breitman
San Francisco County Superior Court,
ATTORN EY S A T LA W
13 Plaintiff, Case No. CGC19576663
14 v. BSH HOME APPLIANCES
CORPORATION'S ANSWER TO
15 BSH HOME APPLIANCES CORPORATION, PLAINTIFF'S UNVERIFIED
COMPLAINT
16 Defendant.
17 Complaint Filed: May 12, 2020
18
19 COMES NOW Defendant BSH HOME APPLIANCES CORPORATION, (hereinafter
20 "Defendant") for itself alone and for no others, and answers Plaintiff EVEREST NATIONAL
21 INSURANCE COMPANY's ("Plaintiff"), Complaint as follows:
22 GENERAL DENIAL
23 Defendant denies each and every, all and singular, allegations of said Plaintiff's
24 unverified Complaint and each and every cause of action thereof, pursuant to the provisions of
25 California Code of Civil Procedure § 431.30, subdivision (d), and further denies that Plaintiff
26 was damaged in the sum or sums alleged, or in any sum, or at all.
27 ///
28 ///
1
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 FIRST AFFIRMATIVE DEFENSE
2 (Failure to State a Cause of Action)
3 2. That the Complaint on file herein and each cause of action pled therein fails to
4 state sufficient facts to state a cause of action upon which relief may be granted as to this
5 Answering Defendant.
6 SECOND AFFIRMATIVE DEFENSE
7 (Statute of Limitations)
8 3. That the Complaint on file herein, and each cause of action contained therein, is
9 barred by sections 337(1), 337.1(a), 337.1(b), 337.15(a), 338(c), 339(1), 340(e) and 343 of the
10 California Code of Civil Procedure.
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THIRD AFFIRMATIVE DEFENSE
12 (Contributory Negligence)
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13 4. Answering Defendant alleges that the injuries and damages, if any, which
14 Plaintiff claims to have sustained as a result of the events and incidents alleged in the Complaint
15 were proximately caused and contributed to by the negligence of Plaintiff, thus barring any
16 recovery by Plaintiff in this action, or reducing said recovery in an amount equal to the
17 percentage of Plaintiff's own fault found to have proximately caused and contributed to the
18 damages as alleged in the Complaint.
19 FOURTH AFFIRMATIVE DEFENSE
20 (Mitigating Damages)
21 5. Answering Defendant is informed and believes and thereon alleges that if Plaintiff
22 was injured at all, as alleged in the Complaint on file herein, said injuries and/or damages were
23 caused by the failure of Plaintiff to mitigate the damages alleged.
24 FIFTH AFFIRMATIVE DEFENSE
25 (Third Party Negligence)
26 6. Answering Defendant is informed and believes and thereon alleges that the
27 injuries and damages alleged to have been suffered by Plaintiff in the Complaint herein, if any,
28 were proximately caused or contributed to by the acts or omissions of third parties other than this
2
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 Answering Defendant. It is thus necessary that the proportion or degree of negligence or fault of
2 each said persons or entities, whether parties to this action or not, be judicially determined and
3 that any judgment that might be rendered against this Answering Defendant be reduced in
4 proportion to the degree of fault attributed to each and every third person or entity found liable to
5 the Plaintiff herein. As against each such third person or entity, whether served or not served in
6 this action, whose acts or omissions are found to have proximately caused or contributed in any
7 fashion to the injuries, if any, alleged to have been suffered by the Plaintiff herein, this
8 Answering Defendant reserves the right to cross-complaint and/or move for judgment against
9 each such person or entity.
10 SIXTH AFFIRMATIVE DEFENSE
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(Proposition 51)
12 7. In the event that this Answering Defendant is found to be culpable, which
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13 supposition is denied and merely stated for the purpose of this affirmative defense, this
14 Answering Defendant contends that its liability, if any, for noneconomic damages shall be
15 several, and not joint, pursuant to the Fair Responsibility Act of 1986, sections 1431 et seq. of
16 the California Civil Code, so that this Answering Defendant shall be liable, if at all, only for that
17 amount of noneconomic damages allocated to this Answering Defendant by the trier of fact, if
18 any, in direct proportion to the percentage of fault, if any, assessed against each defendant, and a
19 separate judgment rendered against each defendant in that amount for noneconomic damages, if
20 any.
21 SEVENTH AFFIRMATIVE DEFENSE
22 (Estoppel)
23 8. That by reason of its own conduct, Plaintiff is estopped from now asserting its
24 claims against this Answering Defendant.
25 EIGHTH AFFIRMATIVE DEFENSE
26 (Waiver)
27 9. That by reason of its own conduct, Plaintiff has waived and relinquished any
28 rights it may have had to assert claims against this Answering Defendant.
3
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 NINTH AFFIRMATIVE DEFENSE
2 (Laches)
3 10. That Plaintiff is barred from any recovery on the causes of action it now seeks to
4 assert against this Answering Defendant due to the doctrine of laches, in that this Answering
5 Defendant has and will be unduly prejudiced due to its inability to locate witnesses and
6 documents as a result of Plaintiff's unreasonable delay in giving notice to this Answering
7 Defendant.
8 TENTH AFFIRMATIVE DEFENSE
9 (Plaintiff's Failure to Use Reasonable Care)
10 11. Plaintiff and/or its insureds failed to exercise reasonable and ordinary care,
11
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caution or prudence for its/their own safety in order to avoid the alleged accident. The resulting
12 injuries and damages, if any, sustained by Plaintiff were proximately caused and contributed to
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13 by the negligence of Plaintiff and/or its insureds, in that, among other things, any possible danger
14 from the alleged dangerous condition or product was obvious to anyone using reasonable care
15 and the Plaintiff and/or its insureds failed to use said reasonable care.
16 ELEVENTH AFFIRMATIVE DEFENSE
17 (Superseding Intervening Causation)
18 12. That any damages sustained by Plaintiff were the result of a superseding
19 intervening causation by an independent and unforeseeable force which broke the chain of
20 causation.
21 TWELFTH AFFIRMATIVE DEFENSE
22 (Waiver of Liability)
23 13. Plaintiff is barred from any recovery on the causes of action it now asserts as it
24 expressly waived all claims of damages and/or injury against this Answering Defendant,
25 including all claims of negligence, and assumed the risks of injury.
26 THIRTEENTH AFFIRMATIVE DEFENSE
27 (Plaintiff as Cause)
28 14. Plaintiff is barred from claiming any injuries or damages because such injuries
4
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 and damages are the sole, direct, and proximate result of Plaintiff's and/or its insureds' conduct.
2 FOURTEENTH AFFIRMATIVE DEFENSE
3 (Proximate Causation)
4 15. Any acts or omissions to act by this Answering Defendant are not a proximate
5 cause of any injuries allegedly suffered by Plaintiff.
6 FIFTEENTH AFFIRMATIVE DEFENSE
7 (Unclean Hands)
8 16. Plaintiff is barred by the equitable doctrine of unclean hands from obtaining the
9 relief requested.
10 SIXTEENTH AFFIRMATIVE DEFENSE
11
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(No Causation)
12 17. Plaintiff is barred from recovery on the basis that there is no evidence that actions
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13 or omissions by this Answering Defendant caused any damages claimed in the Complaint.
14 SEVENTEENTH AFFIRMATIVE DEFENSE
15 (Industry Practice)
16 18. Plaintiff's claims and the causes of action contained in the Complaint are barred
17 because the alleged conduct is an essential lawful part of business operations and/or it is
18 consistent with industry practice.
19 EIGHTEENTH AFFIRMATIVE DEFENSE
20 (Product Used in an Abnormal Manner)
21 19. That Plaintiff's damages, if any, proximately resulted from the use of the product
22 in question in an unintended and abnormal manner and not from any defect or mechanical failure
23 of, or failure to service properly, said product or any of its components.
24 NINETEENTH AFFIRMATIVE DEFENSE
25 (Modification of Product)
26 20. That if there was any defect in the product referred to in the Complaint at the time
27 said product left the possession of this Answering Defendant, such defect was caused by the
28 misuse, abuse, changes, modifications, improper maintenance, and/or alterations by others,
5
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 including Plaintiff, its insureds, and/or third parties, and that said damages were caused by such
2 misuse, changes, alterations, lack of maintenance and/or modifications.
3 TWENTIETH AFFIRMATIVE DEFENSE
4 (Misuse of Product)
5 21. That if Plaintiff was injured by any product manufactured and/or distributed by
6 this Answering Defendant (a fact which is not admitted, but is asserted only for the purpose of
7 this defense), then those injuries occurred because the product was used for a purpose other than
8 that for which it was intended, in a manner other than that in which it was intended to be used,
9 and/or in disregard of warnings, instructions, and directions regarding its use. Such use was not
10 reasonably foreseeable to this Answering Defendant.
11
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TWENTY-FIRST AFFIRMATIVE DEFENSE
12 (Sophisticated User)
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ATTORN EY S A T LA W
13 22. That if Plaintiff was injured by any product manufactured and/or distributed by
14 this Answering Defendant (a fact which is not admitted, but is asserted only for the purpose of
15 this defense) such product was intended for, and sold to, a knowledgeable and sophisticated user,
16 over whom Answering Defendant had no control, and who was fully informed as to the risks and
17 dangers, if any, associated with that product and the precautions, if any, required to avoid those
18 risks and dangers. By reason thereof, this Answering Defendant had no duty to warn Plaintiff or
19 its insureds or further warn the knowledgeable user(s) of the risks and dangers, if any, associated
20 with the product, and whatever injury, if any, Plaintiff sustained was proximately caused by the
21 failure of the knowledgeable and sophisticated user(s) of the product to use it for the purpose for
22 which, and for the manner in which, it was intended to be used and to adequately warn and
23 instruct Plaintiff and/or its insureds concerning the product and the dangers and risks, if any,
24 associated with it.
25 TWENTY-SECOND AFFIRMATIVE DEFENSE
26 (Spoliation of Evidence)
27 23. Answering Defendant is informed and believes and thereon alleges that Plaintiff
28 and/or its agents and/or a third party failed to preserve evidence, including, but not limited to, the
6
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 products and the work which are the subject of Plaintiff's complaint, and by way of spoliation of
2 evidence, Plaintiff and/or its agents and/or a third party have prevented and/or precluded this
3 Answering Defendant from properly investigating and preparing an adequate defense to the
4 matters herein alleged, all to this Answering Defendant's irreparable damage, thereby and
5 thereupon providing a legal basis for relief, including, but not limited to, an order barring
6 introduction of evidence concerning any alleged defect in the subject product or work which may
7 have existed at the time of original manufacture, sale, or work by this Answering Defendant.
8 TWENTY-THIRD AFFIRMATIVE DEFENSE
9 (Failure to Notify)
10 24. Answering Defendant is informed and believes, and based thereon alleges, that if
11
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any defects or inadequacies in the products or work performed by this Answering Defendant
12 exist, which this Answering Defendant denies, Plaintiff failed to timely notify this Answering
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13 Defendant of such conditions and failed to give this Answering Defendant timely opportunity to
14 remedy such conditions. This conduct by Plaintiff bars it from any relief from this Answering
15 Defendant.
16 TWENTY-FOURTH AFFIRMATIVE DEFENSE
17 (Economic Loss)
18 25. This Answering Defendant is informed and believes and on that basis alleges that
19 any and all damages sought are due to economic loss, and these damages are non-compensable.
20 The sole physical injury at issue is to the product itself without any damage to other property.
21 As such, the damages sought are for economic loss, and these damages cannot be recovered from
22 this Answering Defendant.
23 TWENTY-FIFTH AFFIRMATIVE DEFENSE
24 (Lack of Standing)
25 26. This Answering Defendant is informed and believes and on that basis alleges that
26 Plaintiff lacks standing to sue this Answering Defendant with respect to the claims described in
27 the Complaint.
28 ///
7
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 TWENTY-SIXTH AFFIRMATIVE DEFENSE
2 (Assumption of Risk)
3 27. That Plaintiff expressly, voluntarily and knowingly assumed all risks which
4 Plaintiff complains of in the Complaint, and, therefore, is barred either totally or to the extent of
5 said assumption from any damages.
6 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
7 (Costs)
8 28. Answering Defendant is informed and believes, and based thereon alleges, that
9 Plaintiff's recovery is barred to the extent Plaintiff did not bring the Complaint with reasonable
10 cause or good faith belief that there was a justifiable controversy under the facts and law which
11
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warranted the filing and service of the Complaint against this Answering Defendant. Answering
12 Defendant is therefore entitled to defense costs, including reasonable attorneys' fees, expert
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13 witness fees, and the expense of services of experts, advisors, and consultants in the defense of
14 the proceeding, pursuant to Code of Civil Procedure section 1038.
15 TWENTY-EIGHTH AFFIRMATIVE DEFENSE
16 (No Breach of Warranties)
17 29. Answering Defendant did not breach any warranties, express or implied, and that
18 no warranties, express or implied, arose in the instant situation.
19 TWENTY-NINTH AFFIRMATIVE DEFENSE
20 (Waiver)
21 30. Following the performance of this Answering Defendant, other Defendants,
22 Cross-Complainants and/or Third Parties and/or their agents inspected and approved the
23 condition of the subject product, and agreed and approved that the subject product was
24 satisfactory, thereby normally waiving any further claim for damages as alleged in the
25 Complaint.
26 THIRTIETH AFFIRMATIVE DEFENSE
27 (Failure to Exercise Ordinary Care)
28 31. Answering Defendant is informed and believes, and upon such information and
8
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 belief alleges, that all injuries and/or damages, if any, sustained or suffered by Plaintiff were
2 proximately caused and contributed to by the negligence and/or affirmative wrongful conduct of
3 the Plaintiff, Plaintiff's agents, successors-in-interest, and/or predecessors-in-interest, in that they
4 failed to exercise ordinary and reasonable care and caution in carrying out their duties relative to
5 the maintenance and/or use the product at issue.
6 THIRTY-FIRST AFFIRMATIVE DEFENSE
7 (Attorneys' Fees)
8 32. Answering Defendant has employed the law firm of Selman Breitman LLP to
9 represent it in this action, and has incurred and will incur further reasonable attorneys' fees and
10 costs in connection with said representation as a result of the acts and omissions alleged, and,
11
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pursuant to provisions of California Civil Code section 1717 and California Code of Civil
12 Procedure section 1021.6, Plaintiff, all other parties, and their insurers are liable to reimburse this
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13 Answering Defendant for all reasonable fees and costs including expert fees incurred.
14 THIRTY-SECOND AFFIRMATIVE DEFENSE
15 (Prior Knowledge)
16 33. That Plaintiff and/or its insureds knew or should have known prior to any alleged
17 injuries or damages, if any, of the condition of the subject product as alleged in the Complaint,
18 and that Plaintiff and/or its insureds failed to take reasonable measures to protect itself/
19 themselves and the product at issue. As a result, Plaintiff's claims, and each of them, are barred.
20 THIRTY-THIRD AFFIRMATIVE DEFENSE
21 (Exclusion of Warranties and Guarantees)
22 34. That any warranties or guarantees, expressed, implied, or apparent, made by this
23 Answering Defendant were excluded orally, in writing, by course of dealing, by course of
24 performance, by usage of trade, or were limited to exclude the relief now requested by Plaintiff.
25 THIRTY-FOURTH AFFIRMATIVE DEFENSE
26 (Lack of Defect)
27 35. Plaintiff is barred from any recovery on the basis that the product involved was
28 not defective, nor was there any defective condition.
9
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 THIRTY-FIFTH AFFIRMATIVE DEFENSE
2 (Uniform Commercial Code)
3 36. Plaintiff's Complaint is barred by California Uniform Commercial Code sections
4 2316(2), 2601, 2602(1), 2513(1) and (3), 2510(1), 2605(1)(a) and (b), 2601(1)(a) and (b), 2607,
5 2715(2)(a) and 2719(3).
6 THIRTY-SIXTH AFFIRMATIVE DEFENSE
7 (Failure to Properly Plead a Claim for Expert Costs)
8 37. Plaintiff is barred from recovery for expert costs as Plaintiff has failed to properly
9 plead any basis for such a claim and has failed to identify such costs in a manner sufficient to put
10 this Answering Defendant on notice about such claims.
11
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THIRTY-SEVENTH AFFIRMATIVE DEFENSE
12 (Failure to Comply)
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13 38. If Plaintiff suffered any damages from any product manufactured or distributed by
14 this Answering Defendant (a fact which is not admitted, but is only asserted for purposes of this
15 defense), then those damages occurred because the Plaintiff or other third parties failed to
16 comply with specifications and instructions for this product.
17 THIRTY-EIGHTH AFFIRMATIVE DEFENSE
18 (Product Comported with Known Knowledge)
19 39. Answering Defendant is informed and believes, and upon such information and
20 belief alleges, that if Plaintiff herein suffered or sustained any loss, injury, damage, or detriment
21 as a result of exposure to products manufactured, sold, selected, assembled, inspected, installed,
22 or provided by this Answering Defendant, no liability should attach to this Answering Defendant
23 in that the state of the medical, scientific, and industrial knowledge, and the published literature
24 and other materials reflected in such state of the medical, scientific, and industrial knowledge at
25 all times pertinent hereto, were such that this Answering Defendant neither knew nor could have
26 reasonably known that its product presented any foreseeable risk of harm to third persons in the
27 normal expected use of said product, thereby barring or diminishing Plaintiff's recovery herein.
28 ///
10
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 THIRTY-NINTH AFFIRMATIVE DEFENSE
2 (Lack of Privity)
3 40. Answering Defendant is informed and believes, and upon such information and
4 belief alleges, that there was a lack of privity between Plaintiff and this Answering Defendant,
5 thus barring or diminishing Plaintiff's recovery herein.
6 FORTIETH AFFIRMATIVE DEFENSE
7 (Estoppel per Warranty)
8 41. Plaintiff is estopped and/or time barred from asserting some or all of its claims
9 pursuant to the terms of warranty.
10 FORTY-FIRST AFFIRMATIVE DEFENSE
11
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(Product Imported or Manufactured by Third Party)
12 42. Answering Defendant is informed and believes, and upon such information and
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13 belief alleges, that the product at issue was imported and/or manufactured by a third party and,
14 thus, this Answering Defendant is not liable for Plaintiff's alleged damages, if any.
15 FORTY-SECOND AFFIRMATIVE DEFENSE
16 (Post-Distribution Modification)
17 43. Plaintiff's injuries and damages, if any, were caused wholly or in part by post-
18 distribution modifications, alterations, or other changes in some manner in the product at issue,
19 and such modifications, alterations, or changes were not performed by, participated in, consented
20 to, or approved by this Answering Defendant, or any agent or employee, thus barring Plaintiff's
21 recovery herein.
22 FORTY-THIRD AFFIRMATIVE DEFENSE
23 (No Successor Liability)
24 44. Answering Defendant denies any and all liability to the extent that plaintiff asserts
25 Answering Defendant's alleged liability as a successor, successor in business, successor in
26 product line, or a portion thereof, assign, predecessor, predecessor in business, predecessor in
27 product line, or a portion thereof; parent, alter ego, subsidiary, wholly or partially owned by or
28 the whole or partial owner of, or member in any entity that plaintiff alleges were the proximate
11
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 or legal cause and/or contributed to plaintiff's injuries or damages.
2 FORTY-FOURTH AFFIRMATIVE DEFENSE
3 (Insured at Fault)
4 45. Plaintiff's insured is primarily responsible for the damages alleged herein;
5 therefore any claim for subrogation is barred.
6 FORTY-FIFTH AFFIRMATIVE DEFENSE
7 (Indispensable Parties)
8 46. As a forty-fourth separate and distinct affirmative defense to the entire Complaint,
9 and each cause of action thereof, this Answering Defendant alleges that Plaintiff has failed to
10 name indispensable parties to their cause of action.
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FORTY-SIXTH AFFIRMATIVE DEFENSE
12 (Reservation)
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13 47. Answering Defendant presently has insufficient knowledge or information on
14 which to form a belief as to whether it may have additional, as yet unstated affirmative defenses
15 available. Answering Defendant reserves herein the right to assert additional defenses in the
16 event that the discovery indicates that they would be appropriate.
17 WHEREFORE, Cross-Defendant prays for judgment against Plaintiff as follows:
18 1. That Plaintiffs take nothing by way of their Complaint on file;
19 2. That Defendant be awarded reasonable costs and expenses including expert fees
20 incurred because of the filing of the Complaint herein; and
21 3. That Defendant is awarded such other and further relief as the court deems just
22 and proper.
23 DATED: June 30, 2020 SELMAN BREITMAN LLP
24
25 By: _____________
ELAINE K. FRESCH
26 JULIE V. ONETO
Attorneys for Defendant
27 BSH HOME APPLIANCES CORPORATION
28
12
Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint
1479 46188 4849-8555-3345 .v1
1 PROOF OF SERVICE
Everest National Insurance Co. (The 2865 Jackson Association) v. BSH Home Appliances Corp.
2 San Francisco County Superior Court Case No. CGC-20-584457
State Farm General Insurance Co. a/s/o Ang Li v. BSH Home Appliances Corporation, et al.
3
San Francisco County Superior Court, Case No. CGC19576663
4 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
5
I am employed in the County of San Francisco, State of California. I am over the age of 18 years
6 and am not a party to the within action; my business address is 33 New Montgomery, Sixth
Floor, San Francisco, CA, 94105-4537. On June 30, 2020, I served the following document(s)
7 described as DEFENDANT BSH HOME APPLIANCES CORPORATION'S ANSWER TO
PLAINTIFF'S UNVERIFIED COMPLAINT on the interested parties in this action as
8 follows:
Maura M. Walsh, Esq. Attorney For Plaintiff,
9 Lilla Shkolnikov, Esq. STATE FARM GENERAL INSURANCE
GROTEFELD, HOFFMAN, GORDON, COMPANY a/s/o Ang Li
10 OCHOA & EVINGER, LLP Telephone: 415.344.9670
700 Larkspur Landing Circle, Suite 280 Facsimile: 415.989.2802
11 Larkspur, CA 94939 Email: mochoa@thghlaw-llp.com
LLP
lshkolnikov@ghlaw-llp.com
12 Stephanie A. Yee Attorneys for Plaintiff,
Selman Breitman
JANG & ASSOCIATES, LLP EVEREST NATIONAL INSURANCE COMPANY,
ATTORN EY S A T LA W
13 1766 Lacassie Avenue, Suite 200 a/s/o, The 2865 Jackson Association
Walnut Creek, California 94596 Telephone: (925) 937-1400
14 Facsimile: (925) 937-1414
15 E-Mail: syee@janglit.com
Dean S. Rauchwerger, Esq. Attorneys for Plaintiff,
16 Geoffrey M. Waguespack, Esq. EVEREST NATIONAL INSURANCE COMPANY,
BUTLER WEIHMULLER KATZ a/s/o, The 2865 Jackson Association
17 CRAIG LLP Telephone: (312) 456-1900
115 S. LaSalle Street, Suite 3200 Facsimile: (312) 456-0909
18 E-Mail:
Chicago, Illinois 60603
19
BY MAIL: By causing a true copy thereof to be placed in a sealed envelope addressed as
20 above, and placing it for collection and mailing following ordinary business practices. I am
readily familiar with the firm’s practice of collection and processing correspondence, pleadings,
21 and other matters for mailing with the United States Postal service on that same day with postage
thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware
22 that on motion of the party served, service is presumed invalid if the postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in affidavit.
23
24
I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct. Executed on June 30, 2020, at San Francisco, Cal
Preview
1 Elaine K. Fresch (SBN CA 119809) efresch@selmanlaw.com 2 Julie V. Oneto (SBN CA 239994) ELECTRONICALLY joneto@selmanlaw.com 3 SELMAN BREITMAN LLP FILED 33 New Montgomery, Sixth Floor Superior Court of California, County of San Francisco 4 San Francisco, CA 94105-4537 Telephone: 415.979.0400 06/30/2020 5 Facsimile: 415.979.2099 Clerk of the Court BY: EDWARD SANTOS Deputy Clerk 6 Attorneys for Defendant BSH HOME APPLIANCES CORPORATION 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 EVEREST NATIONAL INSURANCE Case No. CGC-20-584457 LLP COMPANY a/s/o The 2865 Jackson State Farm General Insurance Co. a/s/o Ang Li 12 Association, v. BSH Home Appliances Corporation, et al, Selman Breitman San Francisco County Superior Court, ATTORN EY S A T LA W 13 Plaintiff, Case No. CGC19576663 14 v. BSH HOME APPLIANCES CORPORATION'S ANSWER TO 15 BSH HOME APPLIANCES CORPORATION, PLAINTIFF'S UNVERIFIED COMPLAINT 16 Defendant. 17 Complaint Filed: May 12, 2020 18 19 COMES NOW Defendant BSH HOME APPLIANCES CORPORATION, (hereinafter 20 "Defendant") for itself alone and for no others, and answers Plaintiff EVEREST NATIONAL 21 INSURANCE COMPANY's ("Plaintiff"), Complaint as follows: 22 GENERAL DENIAL 23 Defendant denies each and every, all and singular, allegations of said Plaintiff's 24 unverified Complaint and each and every cause of action thereof, pursuant to the provisions of 25 California Code of Civil Procedure § 431.30, subdivision (d), and further denies that Plaintiff 26 was damaged in the sum or sums alleged, or in any sum, or at all. 27 /// 28 /// 1 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 FIRST AFFIRMATIVE DEFENSE 2 (Failure to State a Cause of Action) 3 2. That the Complaint on file herein and each cause of action pled therein fails to 4 state sufficient facts to state a cause of action upon which relief may be granted as to this 5 Answering Defendant. 6 SECOND AFFIRMATIVE DEFENSE 7 (Statute of Limitations) 8 3. That the Complaint on file herein, and each cause of action contained therein, is 9 barred by sections 337(1), 337.1(a), 337.1(b), 337.15(a), 338(c), 339(1), 340(e) and 343 of the 10 California Code of Civil Procedure. 11 LLP THIRD AFFIRMATIVE DEFENSE 12 (Contributory Negligence) Selman Breitman ATTORN EY S A T LA W 13 4. Answering Defendant alleges that the injuries and damages, if any, which 14 Plaintiff claims to have sustained as a result of the events and incidents alleged in the Complaint 15 were proximately caused and contributed to by the negligence of Plaintiff, thus barring any 16 recovery by Plaintiff in this action, or reducing said recovery in an amount equal to the 17 percentage of Plaintiff's own fault found to have proximately caused and contributed to the 18 damages as alleged in the Complaint. 19 FOURTH AFFIRMATIVE DEFENSE 20 (Mitigating Damages) 21 5. Answering Defendant is informed and believes and thereon alleges that if Plaintiff 22 was injured at all, as alleged in the Complaint on file herein, said injuries and/or damages were 23 caused by the failure of Plaintiff to mitigate the damages alleged. 24 FIFTH AFFIRMATIVE DEFENSE 25 (Third Party Negligence) 26 6. Answering Defendant is informed and believes and thereon alleges that the 27 injuries and damages alleged to have been suffered by Plaintiff in the Complaint herein, if any, 28 were proximately caused or contributed to by the acts or omissions of third parties other than this 2 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 Answering Defendant. It is thus necessary that the proportion or degree of negligence or fault of 2 each said persons or entities, whether parties to this action or not, be judicially determined and 3 that any judgment that might be rendered against this Answering Defendant be reduced in 4 proportion to the degree of fault attributed to each and every third person or entity found liable to 5 the Plaintiff herein. As against each such third person or entity, whether served or not served in 6 this action, whose acts or omissions are found to have proximately caused or contributed in any 7 fashion to the injuries, if any, alleged to have been suffered by the Plaintiff herein, this 8 Answering Defendant reserves the right to cross-complaint and/or move for judgment against 9 each such person or entity. 10 SIXTH AFFIRMATIVE DEFENSE 11 LLP (Proposition 51) 12 7. In the event that this Answering Defendant is found to be culpable, which Selman Breitman ATTORN EY S A T LA W 13 supposition is denied and merely stated for the purpose of this affirmative defense, this 14 Answering Defendant contends that its liability, if any, for noneconomic damages shall be 15 several, and not joint, pursuant to the Fair Responsibility Act of 1986, sections 1431 et seq. of 16 the California Civil Code, so that this Answering Defendant shall be liable, if at all, only for that 17 amount of noneconomic damages allocated to this Answering Defendant by the trier of fact, if 18 any, in direct proportion to the percentage of fault, if any, assessed against each defendant, and a 19 separate judgment rendered against each defendant in that amount for noneconomic damages, if 20 any. 21 SEVENTH AFFIRMATIVE DEFENSE 22 (Estoppel) 23 8. That by reason of its own conduct, Plaintiff is estopped from now asserting its 24 claims against this Answering Defendant. 25 EIGHTH AFFIRMATIVE DEFENSE 26 (Waiver) 27 9. That by reason of its own conduct, Plaintiff has waived and relinquished any 28 rights it may have had to assert claims against this Answering Defendant. 3 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 NINTH AFFIRMATIVE DEFENSE 2 (Laches) 3 10. That Plaintiff is barred from any recovery on the causes of action it now seeks to 4 assert against this Answering Defendant due to the doctrine of laches, in that this Answering 5 Defendant has and will be unduly prejudiced due to its inability to locate witnesses and 6 documents as a result of Plaintiff's unreasonable delay in giving notice to this Answering 7 Defendant. 8 TENTH AFFIRMATIVE DEFENSE 9 (Plaintiff's Failure to Use Reasonable Care) 10 11. Plaintiff and/or its insureds failed to exercise reasonable and ordinary care, 11 LLP caution or prudence for its/their own safety in order to avoid the alleged accident. The resulting 12 injuries and damages, if any, sustained by Plaintiff were proximately caused and contributed to Selman Breitman ATTORN EY S A T LA W 13 by the negligence of Plaintiff and/or its insureds, in that, among other things, any possible danger 14 from the alleged dangerous condition or product was obvious to anyone using reasonable care 15 and the Plaintiff and/or its insureds failed to use said reasonable care. 16 ELEVENTH AFFIRMATIVE DEFENSE 17 (Superseding Intervening Causation) 18 12. That any damages sustained by Plaintiff were the result of a superseding 19 intervening causation by an independent and unforeseeable force which broke the chain of 20 causation. 21 TWELFTH AFFIRMATIVE DEFENSE 22 (Waiver of Liability) 23 13. Plaintiff is barred from any recovery on the causes of action it now asserts as it 24 expressly waived all claims of damages and/or injury against this Answering Defendant, 25 including all claims of negligence, and assumed the risks of injury. 26 THIRTEENTH AFFIRMATIVE DEFENSE 27 (Plaintiff as Cause) 28 14. Plaintiff is barred from claiming any injuries or damages because such injuries 4 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 and damages are the sole, direct, and proximate result of Plaintiff's and/or its insureds' conduct. 2 FOURTEENTH AFFIRMATIVE DEFENSE 3 (Proximate Causation) 4 15. Any acts or omissions to act by this Answering Defendant are not a proximate 5 cause of any injuries allegedly suffered by Plaintiff. 6 FIFTEENTH AFFIRMATIVE DEFENSE 7 (Unclean Hands) 8 16. Plaintiff is barred by the equitable doctrine of unclean hands from obtaining the 9 relief requested. 10 SIXTEENTH AFFIRMATIVE DEFENSE 11 LLP (No Causation) 12 17. Plaintiff is barred from recovery on the basis that there is no evidence that actions Selman Breitman ATTORN EY S A T LA W 13 or omissions by this Answering Defendant caused any damages claimed in the Complaint. 14 SEVENTEENTH AFFIRMATIVE DEFENSE 15 (Industry Practice) 16 18. Plaintiff's claims and the causes of action contained in the Complaint are barred 17 because the alleged conduct is an essential lawful part of business operations and/or it is 18 consistent with industry practice. 19 EIGHTEENTH AFFIRMATIVE DEFENSE 20 (Product Used in an Abnormal Manner) 21 19. That Plaintiff's damages, if any, proximately resulted from the use of the product 22 in question in an unintended and abnormal manner and not from any defect or mechanical failure 23 of, or failure to service properly, said product or any of its components. 24 NINETEENTH AFFIRMATIVE DEFENSE 25 (Modification of Product) 26 20. That if there was any defect in the product referred to in the Complaint at the time 27 said product left the possession of this Answering Defendant, such defect was caused by the 28 misuse, abuse, changes, modifications, improper maintenance, and/or alterations by others, 5 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 including Plaintiff, its insureds, and/or third parties, and that said damages were caused by such 2 misuse, changes, alterations, lack of maintenance and/or modifications. 3 TWENTIETH AFFIRMATIVE DEFENSE 4 (Misuse of Product) 5 21. That if Plaintiff was injured by any product manufactured and/or distributed by 6 this Answering Defendant (a fact which is not admitted, but is asserted only for the purpose of 7 this defense), then those injuries occurred because the product was used for a purpose other than 8 that for which it was intended, in a manner other than that in which it was intended to be used, 9 and/or in disregard of warnings, instructions, and directions regarding its use. Such use was not 10 reasonably foreseeable to this Answering Defendant. 11 LLP TWENTY-FIRST AFFIRMATIVE DEFENSE 12 (Sophisticated User) Selman Breitman ATTORN EY S A T LA W 13 22. That if Plaintiff was injured by any product manufactured and/or distributed by 14 this Answering Defendant (a fact which is not admitted, but is asserted only for the purpose of 15 this defense) such product was intended for, and sold to, a knowledgeable and sophisticated user, 16 over whom Answering Defendant had no control, and who was fully informed as to the risks and 17 dangers, if any, associated with that product and the precautions, if any, required to avoid those 18 risks and dangers. By reason thereof, this Answering Defendant had no duty to warn Plaintiff or 19 its insureds or further warn the knowledgeable user(s) of the risks and dangers, if any, associated 20 with the product, and whatever injury, if any, Plaintiff sustained was proximately caused by the 21 failure of the knowledgeable and sophisticated user(s) of the product to use it for the purpose for 22 which, and for the manner in which, it was intended to be used and to adequately warn and 23 instruct Plaintiff and/or its insureds concerning the product and the dangers and risks, if any, 24 associated with it. 25 TWENTY-SECOND AFFIRMATIVE DEFENSE 26 (Spoliation of Evidence) 27 23. Answering Defendant is informed and believes and thereon alleges that Plaintiff 28 and/or its agents and/or a third party failed to preserve evidence, including, but not limited to, the 6 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 products and the work which are the subject of Plaintiff's complaint, and by way of spoliation of 2 evidence, Plaintiff and/or its agents and/or a third party have prevented and/or precluded this 3 Answering Defendant from properly investigating and preparing an adequate defense to the 4 matters herein alleged, all to this Answering Defendant's irreparable damage, thereby and 5 thereupon providing a legal basis for relief, including, but not limited to, an order barring 6 introduction of evidence concerning any alleged defect in the subject product or work which may 7 have existed at the time of original manufacture, sale, or work by this Answering Defendant. 8 TWENTY-THIRD AFFIRMATIVE DEFENSE 9 (Failure to Notify) 10 24. Answering Defendant is informed and believes, and based thereon alleges, that if 11 LLP any defects or inadequacies in the products or work performed by this Answering Defendant 12 exist, which this Answering Defendant denies, Plaintiff failed to timely notify this Answering Selman Breitman ATTORN EY S A T LA W 13 Defendant of such conditions and failed to give this Answering Defendant timely opportunity to 14 remedy such conditions. This conduct by Plaintiff bars it from any relief from this Answering 15 Defendant. 16 TWENTY-FOURTH AFFIRMATIVE DEFENSE 17 (Economic Loss) 18 25. This Answering Defendant is informed and believes and on that basis alleges that 19 any and all damages sought are due to economic loss, and these damages are non-compensable. 20 The sole physical injury at issue is to the product itself without any damage to other property. 21 As such, the damages sought are for economic loss, and these damages cannot be recovered from 22 this Answering Defendant. 23 TWENTY-FIFTH AFFIRMATIVE DEFENSE 24 (Lack of Standing) 25 26. This Answering Defendant is informed and believes and on that basis alleges that 26 Plaintiff lacks standing to sue this Answering Defendant with respect to the claims described in 27 the Complaint. 28 /// 7 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 TWENTY-SIXTH AFFIRMATIVE DEFENSE 2 (Assumption of Risk) 3 27. That Plaintiff expressly, voluntarily and knowingly assumed all risks which 4 Plaintiff complains of in the Complaint, and, therefore, is barred either totally or to the extent of 5 said assumption from any damages. 6 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 7 (Costs) 8 28. Answering Defendant is informed and believes, and based thereon alleges, that 9 Plaintiff's recovery is barred to the extent Plaintiff did not bring the Complaint with reasonable 10 cause or good faith belief that there was a justifiable controversy under the facts and law which 11 LLP warranted the filing and service of the Complaint against this Answering Defendant. Answering 12 Defendant is therefore entitled to defense costs, including reasonable attorneys' fees, expert Selman Breitman ATTORN EY S A T LA W 13 witness fees, and the expense of services of experts, advisors, and consultants in the defense of 14 the proceeding, pursuant to Code of Civil Procedure section 1038. 15 TWENTY-EIGHTH AFFIRMATIVE DEFENSE 16 (No Breach of Warranties) 17 29. Answering Defendant did not breach any warranties, express or implied, and that 18 no warranties, express or implied, arose in the instant situation. 19 TWENTY-NINTH AFFIRMATIVE DEFENSE 20 (Waiver) 21 30. Following the performance of this Answering Defendant, other Defendants, 22 Cross-Complainants and/or Third Parties and/or their agents inspected and approved the 23 condition of the subject product, and agreed and approved that the subject product was 24 satisfactory, thereby normally waiving any further claim for damages as alleged in the 25 Complaint. 26 THIRTIETH AFFIRMATIVE DEFENSE 27 (Failure to Exercise Ordinary Care) 28 31. Answering Defendant is informed and believes, and upon such information and 8 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 belief alleges, that all injuries and/or damages, if any, sustained or suffered by Plaintiff were 2 proximately caused and contributed to by the negligence and/or affirmative wrongful conduct of 3 the Plaintiff, Plaintiff's agents, successors-in-interest, and/or predecessors-in-interest, in that they 4 failed to exercise ordinary and reasonable care and caution in carrying out their duties relative to 5 the maintenance and/or use the product at issue. 6 THIRTY-FIRST AFFIRMATIVE DEFENSE 7 (Attorneys' Fees) 8 32. Answering Defendant has employed the law firm of Selman Breitman LLP to 9 represent it in this action, and has incurred and will incur further reasonable attorneys' fees and 10 costs in connection with said representation as a result of the acts and omissions alleged, and, 11 LLP pursuant to provisions of California Civil Code section 1717 and California Code of Civil 12 Procedure section 1021.6, Plaintiff, all other parties, and their insurers are liable to reimburse this Selman Breitman ATTORN EY S A T LA W 13 Answering Defendant for all reasonable fees and costs including expert fees incurred. 14 THIRTY-SECOND AFFIRMATIVE DEFENSE 15 (Prior Knowledge) 16 33. That Plaintiff and/or its insureds knew or should have known prior to any alleged 17 injuries or damages, if any, of the condition of the subject product as alleged in the Complaint, 18 and that Plaintiff and/or its insureds failed to take reasonable measures to protect itself/ 19 themselves and the product at issue. As a result, Plaintiff's claims, and each of them, are barred. 20 THIRTY-THIRD AFFIRMATIVE DEFENSE 21 (Exclusion of Warranties and Guarantees) 22 34. That any warranties or guarantees, expressed, implied, or apparent, made by this 23 Answering Defendant were excluded orally, in writing, by course of dealing, by course of 24 performance, by usage of trade, or were limited to exclude the relief now requested by Plaintiff. 25 THIRTY-FOURTH AFFIRMATIVE DEFENSE 26 (Lack of Defect) 27 35. Plaintiff is barred from any recovery on the basis that the product involved was 28 not defective, nor was there any defective condition. 9 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 THIRTY-FIFTH AFFIRMATIVE DEFENSE 2 (Uniform Commercial Code) 3 36. Plaintiff's Complaint is barred by California Uniform Commercial Code sections 4 2316(2), 2601, 2602(1), 2513(1) and (3), 2510(1), 2605(1)(a) and (b), 2601(1)(a) and (b), 2607, 5 2715(2)(a) and 2719(3). 6 THIRTY-SIXTH AFFIRMATIVE DEFENSE 7 (Failure to Properly Plead a Claim for Expert Costs) 8 37. Plaintiff is barred from recovery for expert costs as Plaintiff has failed to properly 9 plead any basis for such a claim and has failed to identify such costs in a manner sufficient to put 10 this Answering Defendant on notice about such claims. 11 LLP THIRTY-SEVENTH AFFIRMATIVE DEFENSE 12 (Failure to Comply) Selman Breitman ATTORN EY S A T LA W 13 38. If Plaintiff suffered any damages from any product manufactured or distributed by 14 this Answering Defendant (a fact which is not admitted, but is only asserted for purposes of this 15 defense), then those damages occurred because the Plaintiff or other third parties failed to 16 comply with specifications and instructions for this product. 17 THIRTY-EIGHTH AFFIRMATIVE DEFENSE 18 (Product Comported with Known Knowledge) 19 39. Answering Defendant is informed and believes, and upon such information and 20 belief alleges, that if Plaintiff herein suffered or sustained any loss, injury, damage, or detriment 21 as a result of exposure to products manufactured, sold, selected, assembled, inspected, installed, 22 or provided by this Answering Defendant, no liability should attach to this Answering Defendant 23 in that the state of the medical, scientific, and industrial knowledge, and the published literature 24 and other materials reflected in such state of the medical, scientific, and industrial knowledge at 25 all times pertinent hereto, were such that this Answering Defendant neither knew nor could have 26 reasonably known that its product presented any foreseeable risk of harm to third persons in the 27 normal expected use of said product, thereby barring or diminishing Plaintiff's recovery herein. 28 /// 10 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 THIRTY-NINTH AFFIRMATIVE DEFENSE 2 (Lack of Privity) 3 40. Answering Defendant is informed and believes, and upon such information and 4 belief alleges, that there was a lack of privity between Plaintiff and this Answering Defendant, 5 thus barring or diminishing Plaintiff's recovery herein. 6 FORTIETH AFFIRMATIVE DEFENSE 7 (Estoppel per Warranty) 8 41. Plaintiff is estopped and/or time barred from asserting some or all of its claims 9 pursuant to the terms of warranty. 10 FORTY-FIRST AFFIRMATIVE DEFENSE 11 LLP (Product Imported or Manufactured by Third Party) 12 42. Answering Defendant is informed and believes, and upon such information and Selman Breitman ATTORN EY S A T LA W 13 belief alleges, that the product at issue was imported and/or manufactured by a third party and, 14 thus, this Answering Defendant is not liable for Plaintiff's alleged damages, if any. 15 FORTY-SECOND AFFIRMATIVE DEFENSE 16 (Post-Distribution Modification) 17 43. Plaintiff's injuries and damages, if any, were caused wholly or in part by post- 18 distribution modifications, alterations, or other changes in some manner in the product at issue, 19 and such modifications, alterations, or changes were not performed by, participated in, consented 20 to, or approved by this Answering Defendant, or any agent or employee, thus barring Plaintiff's 21 recovery herein. 22 FORTY-THIRD AFFIRMATIVE DEFENSE 23 (No Successor Liability) 24 44. Answering Defendant denies any and all liability to the extent that plaintiff asserts 25 Answering Defendant's alleged liability as a successor, successor in business, successor in 26 product line, or a portion thereof, assign, predecessor, predecessor in business, predecessor in 27 product line, or a portion thereof; parent, alter ego, subsidiary, wholly or partially owned by or 28 the whole or partial owner of, or member in any entity that plaintiff alleges were the proximate 11 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 or legal cause and/or contributed to plaintiff's injuries or damages. 2 FORTY-FOURTH AFFIRMATIVE DEFENSE 3 (Insured at Fault) 4 45. Plaintiff's insured is primarily responsible for the damages alleged herein; 5 therefore any claim for subrogation is barred. 6 FORTY-FIFTH AFFIRMATIVE DEFENSE 7 (Indispensable Parties) 8 46. As a forty-fourth separate and distinct affirmative defense to the entire Complaint, 9 and each cause of action thereof, this Answering Defendant alleges that Plaintiff has failed to 10 name indispensable parties to their cause of action. 11 LLP FORTY-SIXTH AFFIRMATIVE DEFENSE 12 (Reservation) Selman Breitman ATTORN EY S A T LA W 13 47. Answering Defendant presently has insufficient knowledge or information on 14 which to form a belief as to whether it may have additional, as yet unstated affirmative defenses 15 available. Answering Defendant reserves herein the right to assert additional defenses in the 16 event that the discovery indicates that they would be appropriate. 17 WHEREFORE, Cross-Defendant prays for judgment against Plaintiff as follows: 18 1. That Plaintiffs take nothing by way of their Complaint on file; 19 2. That Defendant be awarded reasonable costs and expenses including expert fees 20 incurred because of the filing of the Complaint herein; and 21 3. That Defendant is awarded such other and further relief as the court deems just 22 and proper. 23 DATED: June 30, 2020 SELMAN BREITMAN LLP 24 25 By: _____________ ELAINE K. FRESCH 26 JULIE V. ONETO Attorneys for Defendant 27 BSH HOME APPLIANCES CORPORATION 28 12 Defendant BSH Home Appliances Corporation's Answer To Plaintiff's Unverified Complaint 1479 46188 4849-8555-3345 .v1 1 PROOF OF SERVICE Everest National Insurance Co. (The 2865 Jackson Association) v. BSH Home Appliances Corp. 2 San Francisco County Superior Court Case No. CGC-20-584457 State Farm General Insurance Co. a/s/o Ang Li v. BSH Home Appliances Corporation, et al. 3 San Francisco County Superior Court, Case No. CGC19576663 4 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 5 I am employed in the County of San Francisco, State of California. I am over the age of 18 years 6 and am not a party to the within action; my business address is 33 New Montgomery, Sixth Floor, San Francisco, CA, 94105-4537. On June 30, 2020, I served the following document(s) 7 described as DEFENDANT BSH HOME APPLIANCES CORPORATION'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT on the interested parties in this action as 8 follows: Maura M. Walsh, Esq. Attorney For Plaintiff, 9 Lilla Shkolnikov, Esq. STATE FARM GENERAL INSURANCE GROTEFELD, HOFFMAN, GORDON, COMPANY a/s/o Ang Li 10 OCHOA & EVINGER, LLP Telephone: 415.344.9670 700 Larkspur Landing Circle, Suite 280 Facsimile: 415.989.2802 11 Larkspur, CA 94939 Email: mochoa@thghlaw-llp.com LLP lshkolnikov@ghlaw-llp.com 12 Stephanie A. Yee Attorneys for Plaintiff, Selman Breitman JANG & ASSOCIATES, LLP EVEREST NATIONAL INSURANCE COMPANY, ATTORN EY S A T LA W 13 1766 Lacassie Avenue, Suite 200 a/s/o, The 2865 Jackson Association Walnut Creek, California 94596 Telephone: (925) 937-1400 14 Facsimile: (925) 937-1414 15 E-Mail: syee@janglit.com Dean S. Rauchwerger, Esq. Attorneys for Plaintiff, 16 Geoffrey M. Waguespack, Esq. EVEREST NATIONAL INSURANCE COMPANY, BUTLER WEIHMULLER KATZ a/s/o, The 2865 Jackson Association 17 CRAIG LLP Telephone: (312) 456-1900 115 S. LaSalle Street, Suite 3200 Facsimile: (312) 456-0909 18 E-Mail: Chicago, Illinois 60603 19 BY MAIL: By causing a true copy thereof to be placed in a sealed envelope addressed as 20 above, and placing it for collection and mailing following ordinary business practices. I am readily familiar with the firm’s practice of collection and processing correspondence, pleadings, 21 and other matters for mailing with the United States Postal service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware 22 that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 23 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct. Executed on June 30, 2020, at San Francisco, Cal